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Full text of "Laws of the State of Illinois"

Digitized by the Internet Archive 
in 2011 with funding from 
CARLI: Consortium of Academic and Research Libraries in 



hnois 



http://www.archive.org/details/lawsofstateofill1871illi 



* 



PUBLIC LAWS 



OF THE 



TATE OF ILLINOIS, 



PASSED BY THE 



TWENTY-SEVENTH GENERAL ASSEMBLY, 



AT THE REGULAR, SPECIAL, AND THE 
ADJOURNED SESSIONS, 



CONVENED 



January 4, May 24, October 13, November 15, 1871. 



SPRINGFIELD: 
ILLINOIS STATE JOURNAL PRINT, 

1872. 



TABLE OF CONTENTS, 



ASSESSMENTS: page. 

An act for the assessment of property and for the levy and collection of taxes 1 

An act to legalize assessments of property for state, county and town taxes of the year 

1870, and to provide for appeals from judgments for such taxes 72 

An act to secure equality of assessment in special school districts 72 

An act to provide for the reassessment and taxation of property where the records of 
assessment have been lost or destroyed, and to authorize the re-assessment or abate- 
ment of taxes in certain cases 73 

An act to authorize the assessment of property, and the levy and collection of taxes 
in municipal corporations, and by boards of trustees or commissioners, when the 

assessment roll has been lost or destroyed 75 

An act to amend an act entitled "An act to legalize assessments of property for 
state, county and town taxes of the year 1870, and to provide for appeals from 
judgments for such taxes," approved June 21, 1871 76 

ADMINISTRATION OF ESTATES: 

An act in regard to the administrations of estates 77 

AGRICULTURE : 

An act to amend "A general act of incorporation of agricultural and horticultural 
societies and associations for improving the breeds of domestic animals," approved 
February 15, 1855 , Ill 

An act authorizing agricultural societies to sell, exchange, dispose of and convey 
lands 113 

An act to create a Department of Agriculture in the State of Illinois .113 

An act to amend an act entitled ''An act to create a Department of Agriculture in the 
State of Illinois," approved April 17, 1871 ., lid 

ANIMALS: 

An act to authorize the county boards, or other bodies having control and manage- 
ment of the county affairs of the several counties of this state, to take measures 
to enforce all laws in regard to the prevention of cruelty to animals 116 

An act to prohibit domestic animals from running at large in this state - 116 

An act to amend an act entitled "An act for the prevention of cruelty to animals," 
approved March 31, 1869 " 117 

An act to prevent male animals running at large, and for their restraint 118 

APPORTIONMENT: 

An act to apportion the state into nineteen congressional districts, and establish the 

same, and provide for the election of representatives therein 119 

An act to apportion the state of Illinois into senatorial districts 121 

APPROPRIATIONS: 

An act to pay the members, officers and employes of the twenty-seventh general 
assembly 123 

An act to fix the number of employes, of the twenty-seventh general assembly, and 
fhe compensation of the same 124 

An act to fix the compensation of the members, officers, and employes of the general 
assembly k , 125 



IV CONTENTS. 



APPROPRIATIONS— Continued : page . 

An act making appropriations for expenses of the twenty-seventh general assembly, 
and to provide for the ordinary and contingent expenses of the government not 
already appropriated 125 

An act making an appropriation for the payment of the officers and members of the 
next general assembly, and for the salaries of the officers of the state government. .127 

An act to provide for the payment of the expenses of the state government heretofore 
unprovided for t 12*7 

An act to make appropriations to pay certain expenses of the state government, for 
which no appropriation has heretofore been made 128 

An act to provide for the ordinary and contingent expenses of the state government 
until the expiration of the first fiscal quarter after the adjournment of the next regu- 
lar session of the general assembly. ... 129 

An act to amend an act entitled "An act to provide for the ordinary and contingent 
expenses of the state government until the expiration of the first fiscal quarter after 
the adjournment of the next regular session of the general assembly," approved 
June 22, 1871 183 

An act to provide the governor with a contingent fund 133 

An act to authorize the state treasurer and auditor to purchase coin for the purpose of 
paying the state indebtedness 1 34 

An act to appropriate moneys in aid of the State Board of Agriculture and of the 
country agricultural boards 135 

An act for the support of the Illinois Institution for the Education of the Deaf and 
Dumb 1 35 

An act making appropriations for the re-erection of the south wing of the Deaf and 
Dumb Institution at Jacksonville 136 

An act to create and support a state institution, to be called "The Illinois Charitable Eye 
and Ear Infirmary," for the treatment of needy persons suffering from diseases of 
the eye or ear 137 

An act to provide means to pay the expense of renting and furnishing suitable accom- 
modations for the Illinois Charitable Eye and Ear Infirmary 139 

An act appropriating money for the ordinary expenses of the Illinois Institution for 
the Education of the Blind, from the first day of March, one thousand eight hun- 
dred and seventy-one, to the first day of July, one thousand eight hundred and 
seventy -three 140 

An act making appropriations for the support of the Illinois Institution for Feeble- 
minded Children, from March 1st, 1871, to July 1st, 1873 140 

An act to authorize and empower the copying of the original field notes of the United 
States surveys, of the state of Illinois, transferred from the surveyor general's office 
to the state, under an act of congress of the United States, and to make an appro- 
priation for the payment of the expenses thereof 141 

An act making appropriations for the Illinois Industrial University ,.142 

An act appropriating money to pay deficiencies of appropriation for the current ex- 
penses of the Illinois State Hospital for the Insane, located at Jacksonville, Illinois, 
and to defray the current expenses of said hospital, to make repairs and improve- 
ments, to procure new boilers, construct boiler and wash-house, and furnish with 
necessary fittings, and for insurance and library 144 

An act to provide an additional water supply at the Hospital for Insane, located at 
Jacksonville, Illinois 145 

An act supplementary to an act entitled "An act appropriating money to pay defi- 
ciencies of appropriations for the current expenses of the Illinois Hospital for 
the Insane, located at Jacksonville, Illinois, and to defray the current expenses of 
said hospital, to make repairs and improvements, to procure new boilers, construct 
boiler and wash house and furnish with necessary fittings, and for insurance and 
library, and appropriating money to meet deficiencies in said appropriation" 145 

An act making appropriations for the completion of the Northern Insane Asylum at 
Elgin, and for furnishing and maintaining a part of the same for 1871 and 1872. . .146 

An act making appropriations for the completion of the Northern Hospital and Asy- 
lum for the Insane, at Elgin, and for furnishing the chapel, main building and 
south wing thereof, and for repairing and erection of cottages for the reception of 
patients, and for other items : 148 

An act to make an appropriation to complete the north wing of the Southern Insane 
Asylum , 149 

An act to make an appropriation to construct and complete the Southern Insane Asy- 
lum, at Anna, and for furnishing the same ...... 150 

An act to establish the salary of the Lieuteuant-Governer 151 



CONTENTS. 



APPROPRIATIONS— Continued : page . 

An act to appropriate money to the State Normal University for the next two years. . .161 

An act to provide for an investigation of the discipline, management and financial 
condition of the State Penitentiary, and to make an appropriation to pay the ex- 
penses thereof 152 

An act to legalize the payment by the governor of certain funds belonging to the state 
to the penitentiary commissioners 155 

An act to provide for the payment of deficiency of former appropriations for the cur- 
rent expenses of the Illinois State Penitentiary , . 155 

An act making appropriations for the State Reform School . . . . 157 

An act to make an appropriation to pay the debts of the State Reform School. ........ 158 

An act to make appropriations for the Soldiers' Orphans' Home, and to maintain said 
institution for the next two years 159 

An act to make an appropriation for. the payment of a portion of the indebtedness of 
the trustees of the Illinois Soldiers' Orphans' Home, and to provide for an investiga- 
tion into the management and indebtedness of the same , , 161 

An act making appropriations for the payment of the indebtedness of the Soldiers' 
Orphans' Home 168 

An act to make further appropriations for the construction of the new State House. .165 

An act providing for the publication and distribution of the fifth volume of the report 
of the State Geologist, and to fix the amount of his salary until the publication of 
the sixth and final volume of said report 166 

An act to provide and furnish suitable rooms for the supreme court in the central 
grand division of this state, and to make an appropriation therefor 167 

An act making an appropriation for the purpose of repairing and enlarging the su- 
preme court houses at Mt. Vernon and Ottawa, Illinois 168 

An act to provide for and fix the salary of the judges of the supreme court 168 

An act to make an appropriation to pay for fitting up the hall of the house of repre- 
sentatives and the senate chamber, for the use of this general assembly .169 

An act making an appropriation to pay H. G. Fitzhugh for labor in repairing the 
state arsenal 169 

An act to allow Walter B. Caswell the sum of one hundred and sixteen dollars and 
sixty-seven cents, and interest on the same at ten per cent, per annum, from July 
1st, 1867 169 

An act providing for the procurement of the portrait of ex-Governor Thomas 
Carlin . 170 

An act to relieve the lien of the city of Chicago upon the Illinois and Michigan Canal 
and revenues, by refunding to said city the amount expended by it in making the 
improvement contemplated by "An act to provide for the completion of the Illinois 
and Michigan Canal upon the plan adopted by the state iu 1836," approved Febru- 
ary 16th, 1865, together with the interest thereon, as authorized by section five of 
said act, and to provide for issuing bonds therefor 170 

An act for the relief of Augustus Bauer, Asher Carter, and William C, Deakman. . . .172 

ASSOCIATIONS: 

An act to enable associations of persons to become a body corporate to raise funds, 
to be loaned only among their members ....... 173 

ATTACHMENTS: 

An act in regard to attachments in courts of record 176 

An act in regard to attachments before justices of the peace 185 

ATTORNEYS: 

An act in regard to attorneys-general and state's attorneys . , 189 

AUDITOR OF PUBLIC ACCOUNTS: 

An act defining the duties of the auditor of public accounts, under section one of 
"An act to fund and provide for paying railroad debts of counties, townships, cities 
and towns," in force April 16, 1869 . . . .192 

BAIL IN CIVIL CASES: 

An act concerning bail in civil cases 198 

BASTARDY: 

An act concerning bastardy .......................198 



VI CONTENTS. 



BONDS: page. 

An act to enable counties, cities, townships, school districts, and other municipal cor- 
porations, to take up and cancel outstanding bonds and other evidences of indebted- 
ness, and fund the same 202 

An act to require state and county treasurers to deliver up bonds and coupons 
issued in aid of railroad or other corporations, which have been paid, to any person 
or persons who may be authorized by any county, town or city to receive the same . 203 

An act to enable counties having over one hundred thousand inhabitants to issue 
bonds and borrow money for county purposes 204 

BRIDGE COMPANIES: 

An act for the incorporation of bridge companies 205 

An act in relation to bridges across rivers on the borders of this state 207 

BRIDGES: 

An act to provide for the erection and maintenance of bridges by two or more 
towns 207 

An act giving the assent of the state of Illinois to the construction of bridges 
across navigable rivers in this state, and upon the boundaries thereof 209 

CANADA THISTLES: 

An act concerning Canada thistles 210 

CANALS: 

An act relative to the powers and duties of the canal commissioners relative to the 

Illinois and Michigan Canal, the lock and dam at Henry, and the improvement of 

the Little Wabash river 218 

An act to settle up and close the trust of the Board of Trustees of the Illinois and 

Michigan Canal , .. . 215 

An act to grant the use of the canals in this state to the use of the inhabitants of the 

Dominion of Canada, upon conditions named 216 

CERTIFICATES: 

An act to make the certificates of the register- or receiver of any land office of the 
United States prima facie evidence ..-, , 217 

CITIES AND VILLAGES: 

An act to provide for the incorporation of cities and villages 218 

An act to provide for annexing and excluding territory to and from cities, towns and 

villages, and to unite cities, towns and villages , 264 

An act to enable any city, town or village in this state to change its name 267 

An act concerning the appointment and removal of city officersnn all cities in this 
state, conferring additional powers and duties upon the mayors of such cities, and 

concerning appropriation bills or ordinances that may be passed in such cities 26y 

An act to prevent the unjust collection, by incorporated cities and towns, of taxe8 
levied upon property destroyed by fire, and to authorize the common council of such 
cities, or board of trustees of such towns, to change or amend appropriation bills, 
to pass new appropriation bills, to reduce taxes and special assessments in certain 

cases, and to discontinue special improvements 270 

An act to enable cities and villages to contract for a supply of water for public use, 

and to levy and collect a tax to pay for water so supplied 271 

An act to repeal an act entitled "An act to remove certain out-lots therein mentioned, 
from within the jurisdiction of the town (now city) of Chester, in Randolph county, 

and to vacate parts of certain alleys therein mentioned. . ,- • • • 272 

An act to repeal an act incorporating the city of Nashville, in Washington county . . .272 
An act to authorize the city of Quincy to create the indebtedness referred to in the 
twenty- fourth section of the schedule of the constitution, to provide for payment 
thereof, and validating acts of said city relating thereto 272 

COMMISSIONERS: 

An act to appoint commissioners to construct the Southern Illinois Insane Asylum 
and the Southern Illinois Normal University, and to make an appropriation therefor.274 

CONTRACTS: 

An act in regard to contracts under seal, and relating to sales of real estate and the 
enforcement thereof 277 



CONTENTS. TIT 



CONTRACTORS: page, 
An act to protect contractors, sub-contractors and laborers in their claims against 
railroad companies, or corporations, contractors or sub-contractors 2^9 

CONVEYANCES: 

An act concerning conveyances 282- 

CONVICTS: r ;".-."■ 

An act to allow convicts in the penitentiary a credit in diminution of their sentence, 

and for their being restored to citizenship upon certain conditions 294 

An act giving county boards control of county convicts, and to provide work houses 

for, and the employment of such convicts , 295 

CORPORATIONS: 

An act concerning corporations . . . 296 

COUNTY COMMISSIONERS: 

An act to provide for the election of a Board of Commissioners in Cook county and 
to prescribe their duties 308 

COUNTY SEATS: 

An act to provide for the removal of county seats 309 

COUNTIES: 

An act to repeal part of section ten (10) of an act entitled "An act to create and or 

ganize the counties therein named." 315 

An act to attach the county of Tazewell to the central grand division 316 

COURTS— CIRCUIT : 

An act to fix the times of holding courts in the first judicial circuit Sit 

An act to fix the time of holding the circuit court in the several counties composing 

the second judicial circuit ~. 31*7 

An act to create an additional term of the circuit court in Jackson county, and to fix 

the times of holding the circuit court in the several counties composing the third 

judicial circuit 318 

An act to fix the times of holding courts in the fourth judicial circuit 319 

An act to attach Mercer county to the sixth judicial circuit, and to provide for the 

time of holding courts in said county 319 

An act to regulate the time of holding courts in the eighth judicial circuit 320 

An act to define the ninth judicial circuit, and to fix the time of holding circuit court 

therein , 321 

An act to regulate the time of holding court in the twelfth judicial circuit of this state. 321 
An act to define the twentieth judicial circuit and to fix the time of holding court 

therein 322 

An act to fix the time of holding the circuit court in the several counties composing 

the twenty-first judicial district ... 322 

An act to fix the times of holding the courts in the twenty-second judicial circuit . . .323 
An act to change the times of holding courts in the twenty-seventh judicial circuit, 

and to repeal an act therein named 323 

An act to define the twenty-eighth judicial circuit, and to fix the time of holding cir- 
cuit court therein 324 

An act to avoid inconveniencies arising from changing the times of holding the terms 

of courts 324 

An act to provide for holding regular and special terms of the circuit court in two or 

more counties in the same circuit, at the same time. 325 

COURTS— COUNTY : 

An act to increase the jurisdiction of county courts 325 

COURT COMMON PLEAS: 

An act to repeal an act entitled "An act to establish the court of common pleas in 

the city of Sparta, in Randolph county . " 82*7 

An act to dispose of the dockets, books and papers, and settle the unfinished business 
of the late recorder's court of the city of Sparta, in Randolph county, state of Illinois. 329 

COURTS OF CHANCERY: 

An act to regulate the practice in courts of chancery , 329 



VIII CONTENTS. 



OOURfS OF RECORD: pact. 
An act in regard to practice in courts of record . 388 

DESCENT OF PROPERTY: 

An act in regard to the descent of property 352 

DRAINS AND LEVEES: 

An act to provide for the construction and protection of drains, ditches, levees and 

other works 856 

An act to provide for the registration of drainage and levee bonds, and secure the 

payment of the same 366 

DROVERS: 

An act concerning drovers 367 

DRUGS AND MEDICINES: 

An act to prevent the sale of drugs or medicines designed to procure criminal abor- 
tion 369 

EJECTMENT: 

An act in regard to the practice in actions of ejectments 370 

ELECTIONS: 

An act in regard to elections, and to provide for tilling vacancies in elective offices. . . 380 

EMINENT DOMAIN: 

An act to provide for the exercise of the right' of eminent domain 402 

EVIDENCE AND DEPOSITIONS: 

An act in regard to evidence and depositions in civil cases 405 

FARMERS AND FRUIT GROWERS: 

An act for the protection of farmers, fruit growers, vine growers and gardeners 416 

FEEBLE-MINDED CHILDREN: 

An act incorporating the Illinois Institution for the Education of Feeble-minded 
Children 417 

FEES AND SALARIES: 

An act to fix the salaries of state officers ; of the judges of the circuit courts and supe- 
rior court of Cook county; of the state's attorneys; of the judges and prosecuting 
attorneys of inferior courts in cities and towns; of the county officers of Cook 
county; to regulate the fees of the secretary of state and of the clerks of the su- 
preme court; to classify the counties according to population, and fix the scale of 
fees for county officers in each class ; to establish the fees of masters in chancery, 
notaries public, commissioners, arbitrators, jurors, witnesses, justices of the peace, 
constables and all town officers ; to provide the mode of rendering their accounts, 
and to fix a penalty for exacting illegal fees 420 

An act to fix the fees of township collectors and county collectors, in counties under 
township organization, for collecting the taxes of the year 1871, and to fix the fees 
of county treasurers for receiving and disbursing the revenue of 1871 462 

An act to fix the fees of township collectors, in counties under township organization, 
having a population not exceeding seventy thousand inhabitants, and to authorize 
the treasurer of such counties to settle with township collectors in accordance with 
the fees herein fixed 463 

An act to repeal all laws in conflict with the act relative to fees and salaries, passed 
at the present session of this general assembly, or relating to the fees or salaries of 
the officers named in said act, except as therein specified . . . .-. 453 

An act to provide for and fix the salary of the judges of the supreme court 454 

An act providing for the payment, by the county of Cook, of further compensation to 
the judges of the circuit and superior courts, and the state's attorney of said county, 
respectively 464 

An act to establish the salary of the lieutenant-governor 455 

FIRE COMPANIES: 

An act to amend an act entitled 'An act amendatory of an act. approved March 3, 
1845, in relation to fire companies," approved February 24, 1859 455 



CONTENT^. IX 



FISH: page. 
An act to prevent the destruction of fish in the state of Illinois, and to secure the 
unobstructed passage of fish in all the waters of this state wherein they were once 
accustomed to be found 456 

FORCIBLE ENTRY AND DETAINER: 

An act in regard to forcible entry and detainer , • 458 

FOUNDLINGS: 

An act for the protection of foundlings ■ 460 

FUNDS: 

An act in relation to surplus funds raised in towns and cities for bounty purposes, 

during the late war for the suppression of the rebellion 460 

An act to transfer the state debt fund and interest fund to the revenue fund 461 

GAMINGHOUSES: 

An act to prevent the keeping of common gaming houses and to prevent gaming. . . .462 

GARNISHMENT: 

An act in regard to garnishment 462 

GENERAL ASSEMBLY: 

An act to fix the pay of members of the general assembly, after its first session under 
the present constitution 468 

GUARDIANS AND WARDS: 

An act in regard to guardians and wards 469 

GUARDIANS OF DRUNKARDS: 

An act to provide for the appointment of guardians of habitual drunkards, and pre- 
scribing the duties of such guardians .47*7 

HOMESTEAD EXEMPTION: 

An act to exempt the homestead from forced sale, and to provide for setting off the 
same, and to exempt certain personal property from attachment and sale on execu- 
tion, and from distress for rent 4*78 

HOUSES OF CORRECTION: 

An act to establish houses of correction, and authorize the confinement of convicted 
persons therein 481 

HUNTING: 

An act to prohibit persons from hunting within the enclosures of others, without 
leave 486 

IMPROVEMENTS: 

An act in relation to the Little Wabash river improvement, and to legalize certain 
acts of the canal commissioners therein named 486 

An act to repeal "An act to amend an act to levy and make certain improvements on 
the Wabash river and its tributaries," approved February 16, 1865, aud the same, 
approved March 7, 1867 487 

INCORPORATED COMPANIES: 

An act to provide for changing the names, for changing the places of business, for 
increasing or decreasing the capital stock, for increasing or decreasing the number 

of directors, and for the consolidation of incorporated companies 487 

INSOLVENT DEBTORS: 

An act concerning insolvent debtors 490 

INSURANCE COMPANIES: 

An act to incorporate and to govern mutual fire insurance companies in townships. . .497 
An act to authorize the state treasurer to surrender securities heretofore deposited by 

life insurance companies 502 

An act relating to deposits to be made by foreign insurance companies 503 

An act to repeal an act entitled "An act to amend an act to incorporate the St. Clair 

Savings and Insurance Company," approved March 29, 1869 503 

B 



CONTENTS. 



JAILS: pagk. 
An act to prohibit the use of common jails, by the authorities of cities and towns, as a 
calaboose or lock-up 504 

JUDGES: 

An act to extend the powers of judges of circuit courts in vacation 504 

JUDGMENTS AND DECREES: 

An act in regard to judgments and decrees, and the manner of enforcing the same by 
execution, and to provide for the redemption of real estate sold under execution or 
decree 505 

JURORS : 

An act concerning jurors 516 

JUSTICES OF THE PEACE : 

An act to provide for the election and qualification of justices of the peace and con- 
stables, and to provide for the jurisdiction and practice of justices of the peace in 
civil cases, and fix the duties of constables, and to repeal certain acts therein 
named. 521 

An act to increase the jurisdiction of justices or the peace and police magistrates. .548 

An act concerning the increase of the jurisdiction of justices of the peace and police 
magistrates 548 

An act relating to justices of the peace in the city of Chicago 548 

LANDS : 

An act in relation to the mode of proving title to the lands granted to the Illinois 

Central Railroad Company 560 

An act to cede jurisdiction to the United States over certain land, and for the purchase 

and condemnation thereof. .... 651 

An act to amend an act entitled "An act to cede jurisdiction to the United States over 
certain land, and for the purchase and condemnation thereof," approved December 

14, A. D. 1871 551 

LIQUORS, SALE OF : 

An act to provide against the evils resulting from the sale of intoxicating liquors in 
the state of Illinois 562 

LIMITATIONS : 

An act in regard to limitations 566 

MARKS AND BRANDS : 

An act in regard to marks and brands , 561 

MASTERS IN CHANCERY : 

An act concerning masters in chancery 562 

MILLS AND MILLERS : 

An act in regard to mills and millers, and dams for mills and other machinery, and 
navigation '. 568 

MINERAL OILS : 

An act to provide for the inspection and sale of mineral oils and fluids the pro- 
duct of petroleum used for illuminating purposes ,566 

MINERS : 

An act providing for the health and safety of persons employed in coal mines . . . 568 

NOTARIES PUBLIC : 

An act to provide for the appointment, qualification and duties of notaries public, 
and certifying their official acts 574 

NOTICE IN LEGAL PROCEEDINGS : 

An act to repeal an act entitled "An act to regulate the manner of giving notice in 
legal proceedings (in Randolph county)," approved March 27, A. D. 1869 577 

OBSCENE BOOKS: 

An act to prevent the sale or bringing into this state of obscene books, pamphlets, 
prints or paintings, and to repeal section one hundred and twenty-eight (128), 
division eleven (11), of chapter thirty (30), of the Revised Statutes of 1845 , ,577 



CONTENTS, XI 



OCCUPATION: page. 

An act to secure to all persons freedom in the selection of an occupation, profession 
or employment 578 

1 OHIO RIVER: 

An act to define the jurisdiction of the cities and incorporated towns bordering on 
the Ohio river . 5*78 

PARKS: 

An act to enable the corporate authorities of two or more towns, for park purposes, to 
issue bonds in renewal of bonds heretofore issued by them, and to provide for the 
payment of the same ; to make, revise and collect a special assessment on contigu 
ous property, for benefits by reason of the location of parks and boulevards, and to 
make necessary changes in their location 579 

An act in regard to the completion of public parks and the management thereof. .58? 

An act to enable corporate authorities of towns to levy a tax to improve public parks 
and boulevards and to provide for the extension of boulevards, and regulating the 
duties of park commissioners, and limiting the period within which they may be 
paid salaries , 595 

PAUPERS: 

An act to legalize the action of counties which have voted for the support of paupers 
by townships .596 

PENITENTIARY : 

An act in relation to the penitentiary at Joliet, to be entitled "An act to provide for 
the management of the Illinois State Penitentiary at Joliet" , ,59g 

PUBLIC LIBRARIES: 

An act to authorize cities, incorporated towns and townships to establish and main- 
tain free public libraries and reading rooms .... 603 

PUBLIC OFFICERS: 

An act to prevent fraudulent and corrupt practices in the making or accepting of 
official appointments and contracts by public officers 612 

PUBLIC PRINTING: 

An act to provide for and regulate the execution of the public printing , , , ,618 

RAILROADS AND WAREHOUSES : 

An act to establish a board of railroad and warehouse commissioners, and prescribe 
their powers and duties .,.,.618 

RAILROADS: 

An act to provide for the incorporation of associations that maybe organized for the 
purpose of constructing railways, maintaining and operating the same ; for prescrib- 
ing and defining the duties and limiting the powers of such corporations when 
so organized 625 

An act to prevent injury to persons or property at railroad junctions or crossings. . . 634 

An act to prevent unjust discriminations and extortions in the rates to be charged 
by the different railroads in this state for the transportation of freight on said roads . . 636 

An act regulating the receiving, transportation and delivery of grain by railroad 
corporations, and defining the duties of such corporations with respect thereto . . . 636 

An act to establish a reasonable maximum rate of charges for the transportation of 
passengers on railroads in this state , 640 

An act authorizing the formation of union depots and stations for railroads in this 
state 641 

REAL ESTATE: 

An act to authorize towns to sell and convey real estate 643 

An act to provide for the sale of real property escheated to and vested in the state . . 644 

RECORDERS OF DEEDS: 

An act to provide for the election of a recorder of deeds in counties having sixty 
thousand and more inhabitants 646 



XII CONTENTS. 



RECORDS: page, 

An act to provide for the copying of old or damaged public record books. . . . 648 

An act to provide for re-recording deeds, mortgages and other instruments in writing, 
where the original records thereof have been destroyed, and to fix the fee for such 

re-recording 649 

An act to provide for the restoration of court records which have been lost or des- 
troyed 660 

An act to remedy the evils consequent upon the destruction of any public records by 
fire or otherwise 652 

REFEREES: 

An act to provide for referees in common law causes 662 

REFORM SCHOOL: 

An act to authorize the transfer of the boys in the Chicago Reform School to the 
State Reform School at Pontiac, and to provide for defraying the expenses of 
such transfer, and to authorize the courts of competent jurisdiction in the city of 
Chicago and in the county of Cook to sentence boys to the State Reform School 
at Pontiac 663 

REVENUE: 

An act to provide for the collection of revenue, and for the sale of real estate for 
non-payment of taxes or special assessments for state, county, municipal, or other 
purposes 664 

An act providing for the necessary revenue for state purposes 6*70 

REVISED STATUTES: 

An act to repeal an act entitled "An act to amend chapter thirty, of Revised Statutes, 
entitled 'Bigamy,' " approved February 8th, 1853 671 

An act to amend chapter thirty, of the Revised Statutes, entitled "Criminal Jurispru- 
dence," so as to prevent misfeasance in office, or charging or receiving illegal 
fees, and in giving or offering to give, or receiving or offering to receive, a bribe , . 671 

An act to amend section seven, of chapter fifty-five, of the Revised Statutes of 1845, 
entitled "Jails and Jailers" 672 

An act to amend section four of chapter eighty of the Revised Statutes of A. D. 1S45, 
entitled " Paupers" , 673 

An actto repeal certain acts and parts of acts therein named, relative to practice. .674 

ROADS AND BRIDGES: 

An act in regard to roads and bridges 67o 

SCALES: 

An act to repeal an act, therein named, in relation to scales 698 

SCHOOL FUND: 

An act providing for the payment of the school tax fund orders and the school fund 

interest orders , 698 

An act providing for the payment of the school tax fund orders and the school fund 

interest orders 699 

An act to enable the auditor to make a dividend of two-thirds of the school funds 

in proportion to the number of persons under twenty-one years of age in each 

county 699 

SCHOOLS: 

An act to establish and maintain a system of free schools 700 

An act to repeal an act entitled "An act to incorporate the Havana German School 
Association," approved March 7, 1867, and an amendment thereto, entitled "An 
act to amend an act entitled 'An act to incorporate the Havana German School 

Association,' '.J approved March 11, 1869 748 

An act to repeal an act entitled "An act to establish the Niantic Union School 
District," approved March 25, 1869 749 

SECRETARY OF STATE: 

An act requiring the secretary of state to make a biennial report of the business of 
his office, and providing for the sale of certain property 749 

An act to authorize the secretary of state to sell or otherwise dispose of surplus books, 
printed laws, journals, legislative reports or other books 750 



CONTENTS. XIII 



STATISTICS: PAGE . 

An act to secure uniform and reliable statistics concerning the dependent and crimi- 
nal classes, and their treatment in state and county institutions 751 

STATUTES AT LARGE: 

An act in relation to statutes at large 752 

TAXES: 

An act to authorize cities having a population not exceeding fifteen thousand in- 
habitants to levy and collect taxes for corporate purposes 753 

An act to restore uniformity in the taxation of real and personal property, for all 
purposes, in the several counties and cities of this state 753 

An act in relation to the levy and collection of taxes for sewerage and water works in 
the cities of this state that may have established a system of sewerage and water 

works for such city 754 

TOWNS: 

j An act to repeal "An act to vacate the town plat of the town of Cummington in 

Macoupin county, Illinois" 755 

TOWNSHIPS: 

An act to repeal an act entitled "An act to consolidate certain townships for school 
purposes in the county of Cook," approved March 29, 1869, and for the equitable 

division of the school funds and property of said townships 755 

TOWNSHIP ORGANIZATION: 

An act to amend the law concerning township organization 75g 

An act to amend the law concerning township organization „ 75*7 

UNCLAIMED PROPERTY: 

An act to provide for the sale of unclaimed property by common carriers, ware- 
housemen and innkeepers , , 759 

WAREHOUSES: 

An act to regulate public warehouses, and the warehousing and inspection of grain 

and to give effect to article thirteen of the constitution of this state 7gg 

An act to limit the application of section twenty-five (25) of "An act to regulate 
public warehouses and the warehousing of grain, and to give effect to article 
thirteen of the constitution of this state," approved April 25, 1871 774 

WILLS: 

An act in regard to wills 775 

JOINT RESOLUTIONS: 

Adjournment — Sine die 783 

Adjournment — Temporary 7§3 

Adjourned session 783 

Adjutant General's Report , 784 

Books for Courts in Cook county. 784 

Books stored in State House 784 

Canvass of votes for State officers 785 

. Carbondale City Bonds 785 

Chicago Sufferers — Aid for , 786 

Chicago— Building Material 786 

Chicago Conflagration 786 

Dam in Calumet River , 787 

Dykes in Mississippi River 787 

Illinois and Michigan Canal — Lease 788 

Illinois and Michigan Canal — Tolls 789 

Improvement of the Ohio River „. 789 

Id suring State Property 790 

Irvington College 790 

Lands granted to the State by the United States 791 

Lands for Soldiers 792 

Laws and Journals > • 792 

Little Wabash River Improvement.' .-» 793 

Mileage and stationery 793 

Modification of Tariff 793 



2;iV CONTENTS. 



JOINT RESOLUTIONS— Continued. page. 

Office of Kailroad Commissioners » 793 

Peoria — Invitation to visit 794 

Perry Springs 794 

Petrie, Joseph J. — Claim 794 

Public binder 795 

Publication of laws 796 

Relief of J. W. Golden , 796 

Road law 797 

School law 797 

Ship Canal at Niagara . .' , 797 

Soldiers' Orphans' Home 798 

Statutes for United States Court 798 

Stilgebower, John— Heirs 799 

Swamp lands 799 

Tornado at East St. Louis 799 

United States Court 800 

United States Circuit Court, Cairo 800 



THE PUBLIC LAWS 



TATE OF ILLINOIS 



ASSESSMENTS. 



AN ACT for the assessment of property and for the levy and collection of In force July 1, 

taxes. 1ST2 - 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Property to be 
property named in this section shall be assessed and taxed, ^^ ed and 
except so much thereof as may be, in this act, exempted : 

First — All real and personal property in this state. 

Second — All moneys, credits, bonds or stocks and other 
investments, the shares of stock of incorporated companies 
and associations, and all other personal property, including 
property in transitu to or from this state, used, held, owned 
or controlled by persons residing in this state. 

Third — The shares of capital stock of banks and banking 
companies doing business in this state. 

Fourth — The capital stock of companies and associations 
incorporated under the laws of this state. 

PROPERTY EXEMPT FROM TAXATION. 

§ 2. All property described in this section, to the extent property ex- 
herein limited, shall be exempt from taxation, that is to gJJP* from tasa " 
say — 

First — All lands donated by the United States for school 
purposes, not sold or leased. All public school houses. All 
property of institutions of learning, including the real estate 
on which the institutions, are located, not leased by such 
institutions or otherwise used with a view to profit. 

Second — All church property actually and exclusively 
used for public worship, when the land (to be of reasonable 



ASSESSMENTS. 



size for the location of the church building) is owned by the 
congregation. 

Third — All lands used exclusively as grave yards or 
grounds for burying the dead. 

Fourth — All unentered government lands; all public 
buildings or structures of whatsoever kind, and the contents 
thereof, and the land on which the same are located, belong- 
ing to the United States. 

Fifth — All property of every kind belonging to the state 
of Illinois. 

Sixth — All property belonging to any county, town, vil- 
lage or city, used exclusively lor the maintenance of the 
poor. All swamp or overflowed lands belonging to any 
county, so long as the same remain unsold by sucn county. 
All public buildings belonging to any county, township, 
city or incorporated town, with the ground on which such 
buildings are erected, not exceeding in any case ten acres. 

Seventh — All property of institutions of purely publie 
charity, when actually and exclusively used for such char- 
itable purposes, not leased or otherwise used with a view 
to profit; and all free public libraries. 

Eighth — All fire engines and other implements used for 
the extinguishment of tires, with the building used exclu- 
sively for the safe keeping thereof, and the lot of reasonable 
size on which the building is located, when belonging to any 
city, village or town. 

Ninth — All market houses, public squares or other public 
grounds used exclusively for public purposes. All works, 
machinery and fixtures belonging exclusively to any town, 
village or city, and used exclusively for conveying water to 
such town, village or city. 

Tenth — All property which may be used exclusively by 
societies for agricultural, horticultural, mechanical and phi- 
losophical purposes, and not for pecuniary profit. 

RULES FOR VALUING PERSONAL PROPERTY. 

Rules for vai- § 3. Personal property shall be valued as follows : 
proferty. ersonal First — All personal property, except as herein otherwise 
directed, shall be valued at its tair cash value. 

Second — Every credit, for a sum certain, payable either in 
money or labor, shall be valued at a fair cash value for the 
sum so payable ; if tor any article of property, or tor labor, 
or services of any kind, it shall be valued at the current price 
of such property, labor or service. 

Third — Annuities and royalties shall be valued at their 
then present total value. 

Fourth — The capital stock of all companies and associa- 
tions now or hereatter created under the laws of this state, 
shall be so valued by the state board of equalization, as to 
^ascertain and determiue, respectively, the lair cash value of 



ASSESSMENTS. 



such' capital stock, including the franchise, over and above the 
assessed value of the tangible property of such company or 
association. Said board shall adopt such rules and princi- 
ples for ascertaining the fair cash value of such capital stock 
as to it may seem equitable and just ; and such rules and 
principles, when so adopted, if not inconsistent with this act, 
shall be as binding and of the same effect as if contained in 
this act, subject, however, to such change, alteration or 
amendment as may be found, from time to time, to be nec- 
essary, by said board : Provided, that in all cases where the 
tangible property or capital stock of any company or associ- 
ation is assessed under this act, the shares of capital stock 
of any such company or association shall not be assessed or 
taxed in this state. This clause shall not apply to the capi- 
tal btock or shares of capital stock of banks organized under 
the general banking laws of this state. 

RULES FOR VALUING REAL ESTATE. 

§ 4. Keal property shall be valued as follows : Rules for vai- 

First — Each tract or lot of real property shall be valued mng real estate - 
at its lair cash value, estimated at the price it would bring at 
a fair, voluntary sale. 

Second — Taxable leasehold estates shall be valued at such 
a price as they would bring at a fair, voluntary sale tor cash. 

Third — When a building or structure is located on the 
right of way of any canal, railroad or other company leased 
or granted for a term of years to another, the same shall be 
valued at such a price as such building or structure and 
lease or grant would sell at a fair, voluntary sale for cash. 

Fourth — In valuing'any real property on which there is 
a coal or other mine, or stone or other quarry, the same 
shall be valued at such a price as such property, including 
the mine or quarry, would sell at a fair, voluntary sale for 

cash. 

# 

PERSONAL PROPERTY WHEN LISTED. 

§ 5. Personal property shall be listed between the first Personal pro- 
day of May and the first day of July of each year, when re- perty, when list- 
quired by the assessor, with reference to the quantity held 
or owned on the first day of May, in the year fur which the 
property is required to be listed. Personal property pur- 
chased or acquired on the first day of May shall be listed by 
or for the person purchasing or acquiring it. 

WHO SHALL LIST AND WHAT LISTED. 

§ 6. Personal property shall be listed in the manner fol- Wh0 sha11 list 

, ° . r r J and what listed. 

lowing : 

First — Every person of full age and sound mind, being a 
resident of this state, shall list all his moneys, credits, bonds 



ASSESSMENTS. 



or stocks, shares of stock of joint stock or other companies 
(when the capital stock of such company is not assessed in 
this state,) moneys loaned or invested, annuities, franchises, 
royalties, and other personal property. 

Second — He shall also list all moneys and other personal 
property invested, loaned or otherwise controlled by him as 
the agent or attorney, or on account of any other person or 
persons, company or corporation whatsoever, and all moneys 
deposited, subject to his order, check or draft, and credits 
due from or owing by any person or persons, body corpo- 
rate or politic. 

Third — The property of a minor child shall be listed by 
his guardian; if he have no guardian, then by the father, 
if living; if not, by the motner, if living; and if neither 
father or mother be living, by the person having such pro- 
perty in charge. 

Fourth — The property of an idiot or lunatic, by his con- 
servator ; or if he has no conservator, by the person having 
charge of such property. 

Fifth — The property of a wife, by her husband, if of 
sound mind ; if not, by herself. 

Sixth — The property of a person for whose benefit it is 
held in trust, by the trustee ; of the estate of a deceased per- 
son, by the executor or administrator. 

Seventh — The property of corporations whose assets are 
in the hands of receivers, by such receivers. 

Eighth — The property of a body politic or corporate, by 
the president, or proper agent or officer thereof. 

Ninth — The property of a firm or company, by a partner 
or agent thereof. 

Tenth — The property of manufacturers and others in the 
hands of agent, by and in the name of such agent, as mer- 
chandise. 

WHERE LISTED AND ASSESSED, AND WHAT HELD TO BE PER- 
SONAL PROPERTY MANNER OF LISTING. 

wbere listed § ^' Personal property, except such as is required in this 
and assessed, act to be listed and assessed otherwise, shall be listed and 
assessed in the county, town, city, village or d strict where 
the owner resides. The capital stock and franchises of cor- 
porations and persons, except as may be otherwise provi- 
ded, shall be listed and taxed in the county, town, district, 
city or village where the principal office or place of business 
of such corporation or person is located in this state. If 
there be no principal office or place of business in this state, 
then at the place in this state where any such corporation 
or person transacts business. 
Live stock. § 8. When the owner of live stock or other personal 

property connected with a farm does not reside thereon, 
the same shall be listed and assessed in the town or district 



ASSESSMENTS. 



where the farm is situated : Provided, if the farm is situa- 
ted in several towns or districts, it shall be listed and as- 
sessed in the town or district in which the principal place 
of business on such farm shall be. 

§ 9. The property of manufacturers and others, in the Property in 
hands of agents, shall be listed and assessed at the place ands of agents - 
where the business of such agent is carried on. 

§ 10. When real estate is exempt in the hands of the „J*? a L °f ta t? 

y . r i-ii contracted to be 

holder of the fee, and the same is contracted to be sold, the sold, 
amount paid thereon by the purchaser, with the enhanced 
value of the investment and improvement thereon until the 
fee is conveyed, shall be held to be personal property, and 
listed and assessed as such, in the place where the land is 
situated. 

§11. Personal property, in transitu, shall be listed and personal pro- 
assessed in the county, town, city or district where the owner gftu. 7 ' 
resides : Provided, if it is intended for a business, it shall 
be listed and assessed at the place where the property of 
such business is required to be listed. 

§ 12. The stock of nurseries, growing or otherwise, in Nursery stock, 
the hands of nurserymen, shall be listed and assessed as 
merchandise 

§ 13. The personal property of banks or bankers, bro- Personal pro- 
kers, stock-jobbers, insurance companies, hotels, livery sta- £ t e c Uy of banks > 
bles, saloons, eating houses, merchants and manufacturers, 
ferries, mining companies, and companies not specially 
provided for in this act, shall be listed and assessed in the 
county, town, city, village or district where their business is 
carried on, except such property as shall be liable to assess- 
ment elsewhere, in the hands of agents. All persons, com- 
panies and corporations in this state owning steamboats, 
sailing vessels, wharf boats, barges and other water craft, 
shall be required to list the same for assessment and taxa- 
tion in the county, town, city, village or district in which 
the same may belong or be enrolled, registered or licensed, 
©r kept when not enrolled, registered or licensed. 

§ 14. The personal property of gas and coke companies, Gas and coke 
except the pipes laid down, shall be listed and assessed in compau 
the town, village, district or city where the principal works 
are located. Gas mains and pipes, laid in roads, streets or 
alleys, shall be held to be personal property, and listed and 
assessed as such, in the town, district, village or city where 
the same are laid. 

§ 15. The personal property of street railroad, plank street railroad, 
road, gravel road, turnpike or bridge companies, shall be companies/ 1 = 
listed and assessed in the county, town, district, village or 
city where the principal place of business is located. The 
track, road or bridge shall be held to be personal property, 
and listed and assessed as such, in the town, district, village 
or city where the same is located or laid. 



6 ASSESSMENTS. 



stage companies § 16. The horses, stages and other personal property of 
stage companies or persons operating stage lines, shall be 
listed and assessed in the county, town, city or district where 
they are usually kept. 
Expose com- § 17. The personal property of express or transportation 
companies shall be listed and assessed in the county, town, 
district, village or city where the same is usually kept, 
consignee of § 18. JSTo consignee shall be required to list, for taxa- 
tion, the value of any property consigned to him for the sole 
purpose of being stored or forwarded, except to the extent 
of his interest in such property. 

pwperty S (rf S oth? § 19. Persons required to list property on behalf of 

ers - others, shall list it in the same place in which they are re- 

quired to list their own ; but they shall list it separately 
from their own, specifying in each case the name of the 
person, estate, company or corporation to whom it belongs. 
Accrued in- § 20. Persons, for themselves or others, holding bonds 

tmptea bonds*" or stocks of any kind, the principal of which bonds or stocks 
has been or may hereafter be exempted from taxation, shall 
list the amount of accrued interest on such bonds, without 
regard to the time when the same is to be paid. 

security! !eld for § 21. Where a deed for real' estate is held for the pay- 
ment of a sum of money, such sum, so secured, shall be held 
to be personal property, and shall be listed and assessed as 
credits. 
Removal of 8 22. The owner of personal property removing from 

owner of perso- ° " .,' . r ,;, r ,f , . J , , ,-P , 

nai property, one county, town, city, village or district, to another, be- 
tween the first day of May and the first day of July, shall 
be assessed in either, in which lie is first called upon by 
the assessor. The owner of personal property moving into 
this state from another state, between the first day of May 
and the first day of July, shall list the property owned by 
him on the first day of May of such year, in the county, 
town, city, village or district in which he resides : Provided^ 
if such person has been assessed, and can make it appear to 
the assessor that he is held for tax of the current year on 
the property, in another state, county, town, city or district, 
he shall not be again assessed for said year. 
comity board § 23. In all questions that may arise under this act as to 
the proper place to list personal property, or where the same 
cannot be listed as stated in this act, if between several 
places in the same county, the place for listing and assess- 
ing shall be determined and fixed by the county board; 
and when between different counties or places in different 
counties, by the auditor of public accounts ; and when fixed 
in either case, shall be as binding as if fixed by this act. 
pe S rsonai ul9 pro- § 2i - Persons required to list personal property shall 
perty. make out and deliver to the assessor, at the time required, a 

schedule of the numbers, amounts, quantity and quality of 
all personal property in their possession, or under their con- 
trol, required to be listed for taxation by them. It shall be 



ASSESSMENTS. 



the duty -of -the assessor to determine and fix the fair cash 
value of all items of personal property. 

FORM OF SCHEDULE. 

§ 25. Such schedule, when completed by the assessor in Form of sche- 
extending in a separate column the value of such property, 
shall truly and distinctly set forth: 

First — The number of horses of all ages, and the value 
thereof, 

Second— The number of cattle of all ages, and the value 
thereof. 

Third — The number of mules and asses of all ages, and 
the value thereof. 

Fourth — The number of sheep of all ages, and the value 
thereof, 

Fifth — The number of hogs of all ages, and the value 
thereof, 

Sixth — Every steam engine, including boilers, and the 
value thereof. 

Seventh — Every fire or burglar- proof safe, and the value 
thereof. 

Eighth — Every billiard, pigeon hole, bagatelle or other 
similar tables, and the value thereof. 

Ninth — Every carriage and wagon, of whatsoever kind, 
and the value thereof. 

Tenth — Every watch and clock, and the value thereof. 

Eleventh — Every sewing or knitting machine, and the 
value thereof. 

Twelfth— Ever y piano forte, and the value thereof. 

Thirteenth — Every melodeon and organ, and the value 
thereof. 

Fourteenth — Every franchise, the description and the 
value thereof. 

Fifteenth — Every annuity and royalty, the description 
and the value thereof. 

Sixteenth — Every patent right, the description and the 
value thereof, 

Seventeenth — Every steamboat, sailing vessel, wharf-boat, 
barge or other water craft, and the value thereof. 

Eighteenth — The value of merchandise on hand. 

Nineteenth — The value of material and manufactured 
articles on hand. 

Twentieth — The value of manufacturers' tools, implements 
and machinery (other than boilers and engines, which shall 
be listed as such). 

Twenty-first — The value of agricultural tools, implements 
and machinery. 

Twenty -second— -The value of gold or silver plate and 
plated ware. 

Twenty-third — The value of diamonds and jewelry. 



ASSESSMENTS. 



Twenty -fourth — The amount of moneys of bank, banker, 
broker or stock-jobber. 

Twenty-fifth — The amount of credits ef bank, banker, 
broker or stock jobber. 

Twenty sixth — The amount of moneys other than of bank, 
banker, broker or stock-jobber. 

Twenty -seventh — The amount of credits other than of 
bank, banker, broker or stock-jobber. 

Twenty eighth — The amount and value of bonds or stocks. 

Twenty-ninth — The amount and value of shares of capital 
stock of companies and associations not incorporated by the 
laws of this state. 

Thirtieth — The value of property such person is required 
to list as a pawnbroker. 

Thirty-first — The value of property of companies and 
corporations other than property hereinbefore enumerated. 

Thirty-second — The value of bridge property. 

Thirty-third — The value of property of saloons and eat- 
ing houses. 

Thirty fourth — The value of household or office furniture 
and property. 

Thirty-fifth — The value of investments in real estate and 
improvements thereon required to be listed under this act. 

Thirty-sixth — The value of all other property required 
to be listed. 
Assessor to § 26. That whenever the assessor shall be of opinion 

administer oaths ,-i , , -i ■»• .» , ±> i • \<- n *■ ,n 

that the person listing property tor himselt or lor any other 
person, company or corporation, has not made a full, fair and 
complete schedule of such property, he may examine such 
person under oath in regard to the amount of the property 
he is required to schedule, and for that purpose he is au- 
thorized to administer oaths; and if such person shall re- 
fuse to answer under oath and a full discovery make, the 
assessor may list the property of such person or his princi- 
pal, according to his best judgment and information. If 
the person so examined shall swear falsely, he shall be 
guilty of perjury and punished accordingly. 

RULES FOR LISTING CREDITS. 

Rules for listing § 27. In making up the amount of credits which any 
credits. person is required to list for himself, or for any other per- 

son, company or corporation, he shall be entitled to deduct 
from the gross amount of credits the amount of all bona 
fide debts owing by such person, company or corporation, 
to any other person, company or corporation, for a consid- 
eration received; but no acknowledgment of indebtedness 
not founded on actual consideration, believed when received 
to have been adequate, and no such acknowledgment made 
for the purpose of being so deducted, shall be considered a 
debt within the meaning of this section ; and so much only 



ASSESSMENTS. 



of any liability, as surety for others, shall be deducted as 
the person making out the statement believes he is legally 
and equitably bound, and will be compelled to pay on ac- 
count of the inability or insolvency of the principal debtor ; 
and if there are other sureties who are able to contribute, 
then only so much as the surety in whose behalf the state- 
ment is made will be bound to contribute : Provided that 
nothing in this section shall be so construed as to apply to 
any bank, company or corporation exercising banking pow- 
ers or privileges, or to authorize any deductions allowed by 
this section from the value of any other item of taxation 
than credits. 

§ 28. No person, company or corporation shall be enti- Deductions. 
tied to any deduction from the amount of any bonds, stocks, 
or money loaned, or on account of any bond, note or obli- 
gation of any kind, given to any insurance company on ac- 
count of premiums or policies, nor on account of any unpaid 
subscription to any religious, literary, scientific or charita- 
ble institution or society, nor on account of any subscrip- 
tion to or installment payable on the capital stock of any 
company, whether incorporated or unincorporated. 

§ 29. In all cases where deductions are claimed from Deductions to 
credits, the assessor shall require that such deductions be oatn ven e 
verified by the oath of the person, officer or agent claim- 
ing the same ; and any such person, officer or agent, know- 
ingly or willfully making a fraudulent statement of such de- 
ductions claimed, so verified by affidavit, shall be liable to a 
fine of not less than one hundred dollars, nor more than 
one thousand dollars, in addition to all damages sustained 
by the state, county, or other local corporations, to be re- 
covered in any proper form of action in any court of compe- 
tent jurisdiction, in the name of the People of the State of 
Illinois. Such fines, when recovered, shall be paid into 
the county treasury, and the damages, when collected, shall 
be paid to whom they belong. The assessor shall preserve 
the statement of deductions thus claimed, so verified by affi- 
davit, and when he returns the assessment books shall file 
the same with the county clerk, to be kept on file in his 
office for two years, and at the expiration of such time, 
said statement of deductions shall be destroyed by said clerk; 
but in the meantime, shall be subject only to the inspection 
of the officers charged with the execution of this law. 

RULES FOR LISTING AND VALUING THE PROPERTY AND BUSINESS 
OF BANKS, BANKERS, BROKERS AND STOCK-JOBBERS. 

§ 30. Every bank (other than a national bank), banker, Y^^Sakm 
broker or stockjobber, shall, at the time fixed by this act eic. 
for listing personal property, make out and furnish the 
assessor a sworn statement, showing : 

First — The amount of money on hand or in transit. 



1 ASSESSMENTS. 



Second — The amount of funds in the hands of other banks, 
bankers, brokers, or others, subject to draft. 

Third — The amount of checks, or other cash items, the 
amount thereof not being included in either of the preceding 
items. 

Fourth — The amount of bills receivable, discounted or 
purchased, and other credits due or to become due, including 
accounts receivable, and interest accrued but not due, and 
interest due and unpaid. 

Fifth — The amount of bonds and stocks of every kind, 
and shares of capital stock of joint stock or other companies 
or corporations, held as an investment, or any way repre- 
senting assets. 

Sixth — All other property appertaining to said business, 
other than real estate, (which real estate shall be listed and 
assessed as other real estate is listed and assessed under this 
act.) 

Seventh— The amount of all deposits made with them by 
other parties. 

Eighth — The amount of all accounts payable, other than 
current deposit accounts. 

Ninth — The amount of bonds or other securities exempt 
by law from taxation, specifying the amount and kind of 
each, the same being included in the preceding fifth item. 

The aggregate amount of the first, second and third items 
in said statement, shall be listed as moneys. The amount 
of the sixth item shall be listed the same as other similar 
personal property is listed under this act. The aggregate 
amount of the seventh and eighth items shall be deducted 
from the aggregate amount of the fourth item of said state- 
ment, and the amount of the remainder, if any, shall be 
listed as credits. The aggregate amount of the ninth item 
shall be deducted from the aggregate amount of the fifth item 
of such statement, and the remainder shall be listed as bonds 
or stocks. 

PAWN-BROKEK. 

Pawnbrokers. § 31. Every person or company engaged in the business 
of receiving property in pledge or as security for money or 
other thing advanced to the pawner or pledger, shall be held 
to be a pawnbroker, and shall, at the time required by this 
act, return, under oath, the value of all property pledged 
and held by him, as a pawn-broker, on hand on the first day 
of May, annually, and taxes shall be chaiged upon the fair 
cash value of such property, to such pawn-broker, the same 
as other property. 



ASSESSMENTS. 11 



LISTING CAPITAL STOCK OF COEPOEA.TIONS AND FRANCHISES OF 

PERSONS. 

§ 32. Banking, bridge, express, ferry, gravel road, gas, /J^aaSS 
insurance, manufacturing, mining, plank road, savings bank, 
stage, steamboat, street railroad, transportation, turnpike, 
and all other companies and associations incorporated under 
the laws of this state (other than banks organized under the 
general bauking laws of this state), shall, in addition to the 
other property required by this act to be listed, make out 
and deliver to the assessor a sworn statement of the amount 
of its capital stock, setting forth particularly — 

First — The name and location of the company or associa- 
tion. 

Second — The amount of capital stock authorized, and the 
number of shares into which such capital stock is divided. 

Third-— The amount of capital stock paid up. 

Fourth — The market value, or if no market value, then 
the actual value of the shares of stock. 

Fifth — The total amount of all indebtedness except the 
indebtedness for current expenses — excluding from such ex- 
penses the amount paid for the purchase or improvement of 
property. 

Sixth — The assessed valuation of all its tangible property. 
Such schedule shall be made in conformity to such instruc- 
tion and forms as may be prescribed by the auditor of public 
accounts. In all cases of failure or refusal of any person, 
officer, company or association to make such return or state- 
ment, it shall be the duty of the assessor to make such re- 
turn or statement from the best information which he can 
obtain. 

§ 33. Such statements shall be scheduled by the asses- ^statements to 
Bor; and such schedule, with the statements so scheduled, 
shall be returned by the assessor to the county clerk. Said 
clerk shall, at the time he makes his report of assessment, 
forward to the auditor all such schedules and statements so 
returned to him. The auditor shall, annually, on the meet- 
ing of the state board of equalization, lay before said board 
the schedules and statements herein required to be returned 
to him; and said board shall value and assess the capital 
stock of such companies or associations, in the manner pro- 
vided in this act. 

§ 34. Every person owning or using a franchise granted Franchises to 
by any law oi this state, shall, in addition to his other pro- 
perty, list the same as personal property, giving the total 
value thereof. 



be scheduled. 



be listed. 



12 



ASSESSMENTS. 



STATE AND NATIONAL BANKS. 



State and na- 
tional banks.. 



List of 
holders. 



■tock- 



Valuation 

shares. 



of 



Tax on shares. 



Dividends 
be retained . 



§ 35. The stockholders in every bank located within this 
state, whether such bank has been organized under the 
banking laws of this state or of the United States, shall be 
assessed and taxed on the value of their shares of stock 
therein, in the county, town, district, village or city where 
such bank or banking association is located, and not else- 
where, whether such stockholders reside in such place or 
not. Such shares shall be listed and assessed with regard 
to the ownership and value thereof, as they existed on the 
first day of May, annually, subject, however, to the restric- 
tion that taxation of such shares shall not be at a greater 
rate than is assessed upon any other moneyed capital in the 
hands of individual citizens of this state, in the county, 
town, district, village or city where such bank is located. 
The shares of capital stock of national banks not located in 
this state, held in this state, shall not be required to be listed 
under the provisions of this act. 

§ 36. In each such bank there shall be kept at all times 
a full and correct list of the names and residences of its stock- 
holders, and of the number of shares held by each ; which 
list shall be subject to the inspection of the officers author- 
ized to assess property for taxation ; and it shall be the 
duty of the assessor to ascertain and report to the county 
clerk a correct list of the names and residences of all stock- 
holders in any such bank, with the number and assessed 
value of all such shares held by each stockholder. 

§ 37. The county clerk, to whom such returns are made, 
shall enter the valuation of such shares in the tax lists, in 
the names of the respective owners of the same, and shall 
compute and extend taxes thereon the same as against the 
valuation of other property in the same locality. 

§ 38. The collector of taxes, and the officer or officers 
authorized to receive taxes from the collector, may, all or 
either of them, have an action to collect the tax assessed on 
any share or shares of bank stock from the avails of the 
sale of such share or shares; and the tax against such share 
or shares shall be and remain a lien thereon till the pay- 
ment of said tax. 

§ 39. For the purpose of collecting such taxes, it shall 
be the duty of every such bank, or the managing officer or 
officers thereof, to retain so much of any dividend or divi- 
dends belonging to such stockholders as shall be necessary 
to pay any taxes levied upon their shares of stock, respect- 
ively, until it shall be made to appear to such bank or its 
officers that such taxes have been paid ; and any officer of 
any such bank who shall pay over or authorize the paying 
over of any such dividend or dividends, or any portion thero 



ASSESSMENTS. 13 



of, contrary to the provisions of this section, shall thereby 
become liable for such tax; and if the said tax shall not be 
paid, the collector of taxes where said bank is located shall 
sell said share or shares to pay the same, like other personal 
property. And in case of sale the provision of law in re- 
gard to the transfer of stock when sold on execution, shall 
apply to such sale. 

MANNER OF LISTING AND VALUING THE PROPERTY OF 
RAILROADS. 

§ 40. Every person, company or corporation owning, Listing prop. 
operating or constructing a railroad in this state, shall return ert y° frailroads . 
sworn lists or schedules of the taxable property of such rail- 
road, as hereinafter provided. Such property shall be listed 
and assessed with reference to the amount, kind and value 
on the first day of May of the year in which it is listed. 

§ 41. They shall, in the month of May of the year schedule of 
eighteen hundred and seventy-three, and at the same time [ ailroad pter- 
in each year thereafter when required, make out and file 
with the county clerks of the respective counties in which 
the railroad may be located, a statement or schedule show- 
ing the property held for right of way, and the length of 
the main, and all side and second tracks and turnouts in 
such county, and in each city, town and village in the county, 
through or into which the road may run, and describing 
each tract of land, other than a city, town or village lot, 
through which the road may run, in accordance with the 
United States surveys, giving the width and length of the 
strip of land held in each tract, and the number of acres 
thereof. They shall also state the value of improvements 
and stations located on the right of way. New companies 
shall make such statement in May next after the location of 
their roads. When such statement shall have been once 
made, it shall not be necessary to report the description as 
hereinbefore required, unless directed so to do by the county 
board; but the company shall, during the month of May, 
annually, report the value of such property, by the descrip- 
tion set forth in the next section of this act, and note all 
additions or changes in such right of way, as shall have 
occurred. 

§42. Such right of way, including the superstructures Right of way. 
of main, side or second track and turnouts, and the stations 
and improvements of the railroad company on such right 
of way, shall be held to be real estate for the purposes of 
taxation, and denominated "railroad track," and shall be 
so listed and valued ; and shall be described in the assess- 
ment thereof as a strip of land extending on each side of 
such railroad track, and embracing the same, together with 
all the stations and improvements thereon, commencing at 
a point where such railroad track crosses the boundary line 



14 



ASSESSMENTS. 



Rolling stock. 



in entering the county, city, town or village, and extending 
to the point where such track crosses the boundary line leav- 
ing such county, city, town or village, or to the point of ter- 
mination in the same, as the case may be, containing .... 
acres, more or less (inserting name of county, township, city, 
town or village boundary line of same, and number of acres, 
and length in feet,) and when advertised or sold for taxes, 
no other description shall be necessary. 
Railroad track. § 43. The value of the ''railroad track" shall be listed 
and taxed in the several counties, towns, villages, districts 
and cities, in the proportion that the length of the main 
track in such county, town, village, district or city bears to 
the whole length of the road in this state, except the value 
of the side or second track, and all turnouts, and all station 
houses, depots, machine shops, or other buildings belonging 
to the road, which shall be taxed in the ceunty, town, vil- 
lage, district or city in which the same are located. 

§ 44. The moveable property belonging to a railroad 
company shall be held to be personal property, and denomi- 
nated, for the purpose of taxation, "rolling stock." Every 
person, company or corporation, owning, constructing or 
operating a railroad in this state, shall, in the month of 
May, annually, return a list or schedule, which shall contain 
a correct detailed inventory of all the rolling stock belong- 
ing to such company, and which shall distinctly set forth the 
number of locomotives of all classes, passenger cars of all 
classes, sleeping and dining cars, express cars, baggage cars, 
house cars, cattle cars, coal cars, platform cars, wrecking 
cars, pay cars, hand cars, and all other kinds of cars. 

§ 45. The rolling stock shall be listed and taxed in the 
several counties, towns, villages, districts and cities, in the 
proportion that the length of the main track, used or opera- 
ted in such county, town, village, district or city, bears to 
the whole length of the road used or operated by such per- 
son, company or corporation, whether owned or leased by 
him or them, in whole or in part. Said list or schedule shall 
set forth the number of miles of main track on which said 
rolling stock is used in the state of Illinois, and the number 
of miles of main track on which said rolling stock is used 
elsewhere. 

§ 46. The tools and materials for repairs, and all other 
personal property of any railroad, except "rolling stock," 
shall be listed and assessed in the county, town, village, 
district or city, wherever the same may be on the first day 
of May!. All real estate, including the stations and other 
buildings and structures thereon, other than that denomi- 
nated ""railroad track," belonging to any railroad, shall be 
listed as lands or luts, as the case may be, in the county, 
town, village, district or city where the same are located. 
Listof leaies- § ^' ^e count J clerk shall return to the assessor of the 
tate. town or district, us the case may require, a copy of the 



Rolling stock, 
where taxed. 



Tool? and ma- 
terials. 



ASSESSMENTS. 15 



schedule or list of the real estate (other than "railroad 
track,") and pf the personal property (except "rolling stock,") 
pertaining to the railroad ; and such real and personal prop- 
erty shall be assessed by the assessor. Such property shall 
be treated in all respects, in regard to assessment and equali- 
zation, the same as other similar property belonging to in- 
dividuals ; except that it shall be treated as property be- 
longing to railroads, under the terms "lands," "lots" and 
"personal property." 

§48. At the same time that the lists or tchedules are statements to 
hereinbefore required to be returned to the county clerks, andltor - 
the person, company or corporation, running, operating or 
constructing any railroad in this state, shall return to the 
auditor of public accounts sworn statements or schedules, 
as follows : 

First — Of the property denominated "railroad track," 
giving the length of the main and side or second tracks and 
turn outs, and showing the proportions in each county, and 
the total in the state. 

Second — The "rolling stock," giving the length of the 
main track in each county, the total in this state, and the 
entire length of the road. 

Third — Showing the number of ties in track per mile, the 
weight of iron or steel per yard, used in main and side 
tracks; what joints or chairs are used in track, the ballast- 
ing ol road, whether graveled or dirt, the number and qual- 
ity of buildings or other structures on "railroad track," the 
length of time iron in track has been used, and the length 
of time the road has been built. 

Fourth — A statement or schedule showing : 

1. The amount of capital stock authorized and the num- 
ber of shares into which smch capital stock is divided. 

2. The amount of capital stock paid up. 

3. The market value, or if no market value, then the 
actual value of the shares of stock. 

4. The total amount of all indebtedness, except for cur- 
rent expenses for operating the road. 

5. The total, listed valuation of all its tangible property 
in this state. 

Such schedule shall be made in conformity to such in- 
structions and forms as may be prescribed by the auditor of 
public accounts. 

§ 49. If any person, company or corporation, owning, Failure to re- 
operating or constructing any railroad, shall neglect to re- turn schedules ' 
turn to tne county clerks the statements or schedules re- 
quired to be returned to them, the property so to be re- 
turned, and assessed by the assessor, shall be listed and as- 
sessed as other property. In case of failure to make returns 
to the auditor, as hereinbefore provided, the auditor, with 
the assistance of the county clerks and assessors, when he 
shall require such assistance, shall ascertain the necessary 



16 



ASSESSMENTS. 



State board of 
equalization. 



Record book 



facts and lay the same before the state board of equalization. 
In case of failure to make said statements, either to the 
county clerk or auditor, such corporation, company or per- 
son shall forfeit, as a penalty, not less than one thousand 
nor more than ten thousand dollars for each offense, to be 
recovered in any proper form of action, in the name of the 
" People of the State of Illinois, 1 ' and paid into the state 
treasury. 

§ 50 The anditor shall annually, on the meeting of the 
state board of equalization, lay before said board the state- 
ments and schedules herein required to be returned to him, 
and said board shall assess such property in the manner 
hereinafter provided. 

2-5,1. The county clerk shall procure at the expense of 
perty. ilroad pr °" the county a record book, properly ruled and headed, in 
which to enter the railroad property of all kinds, as listed 
for taxation, and shall enter the valuations as assessed, cor- 
rected and equalized, in the manner provided by this act ; 
and against such assessed, corrected or equalized valuation, 
as the case may require, the county clerk shall extend all 
the taxes thereon, for which said property is liable ; and at 
the proper time fixed by this act tor delivering tax books to 
the county collector, the clerk shall attach a warrant, under 
his seal of office, and deliver said book to the county col- 
lector, upon which the 6aid county collector is hereby re- 
quired to collect the taxes therein charged against railroad 
property, and pay over and account for the same in the 
manner provided in other cases. Said book shall be re- 
turned by the collector and be filed in the office of the 
county clerk for future use. 

§ 52. When any railroad company shall make or record 
a plat of any contiguous lots or parcels of land belonging 
to it, the same may be described as designated on such plat. 



Plats of land. 



TELEGRAPH COMPANIES. RETURN. 



Telegraph, com- 
panies, return. 



§ 53. Any person, company or corporation, using or 
operating a telegraph line in this state, shall, annually, in 
the month of May, return to the auditor of public accounts 
a schedule or statement, as follows : 

First — The amount of capital stock authorized, and the 
number of shares into which such capital stock is divided. 

/Second — The amount of capital stock paid up. 

Third — The market value, or if no market value, then the 
actual value of the shares of stock. 

Fourth — The total amount of all indebtedness, except 
current expenses, for operating the line. 

Fifth — The length of line operated in each county, and 
the total in the state. 

Sixth — The total assessed valuation of all its tangible 
property in this state. 



ASSESSMENTS. 17 

Such schedule shall be made in conformity to suet in- 
structions and forms as may be prescribed by the auditor of 
public accounts, and with reference to amounts and values 
on the first day of May of the year for which the return 
is made. 

§ 5£. The auditor shall annually, on the meeting of the capital stock 
state board of equalization, lay before said board the state- companies^ iap 
ment or schedule herein required to be returned to him ; 
and said board shall assess the capital stock of such telegraph 
company, in the manner hereinafter provided. The tax 
charged on the capital stock of telegraph companies shall 
be placed in the hands of county collectors, in a book pro- 
vided for that purpose, the same as is required for railroad 
property, and may be included in same book with railroad 
property. 

§ 55. The office furniture and other personal property office fumi- 
of telegraph companies shall be listed and assessed in the re ' e 
county, town, district, village or city where the same is used 
or kept. 

PENALTY. 

§ 56. If any person or corporation shall give a false or .Penally for eiv- 
fraudulent list, schedule or statement, required by this act, list, 
or shall fail or refuse to deliver to the assessor, when called 
on for that purpose, a list of the taxable personal property 
which he is required to list under this act, he or it shall be 
liable to a penalty of not less than ten dollars nor more 
than two thousand, to be recovered in any proper form of 
action, in the name of the "People of the State of Illinois," 
on the complaint of any person. Such fine, when cullected, 
to be paid into the county treasury. 

§ 57. "Whoever shall willfully make a false list, schedule False lists, un- 
or statement, utder oath, shall, in addition to the penalty 
provided in the preceding section, be liable as in the case of 
perjury. 

KEAL PROPERTY — A8 OF WHAT TIME LISTED — WHO LIABLE 

FOR TAX. 

§ 58. All real property in this state, subject to taxation wi^^iiaWe^for 
under this act, including real estate becoming taxable fur the tax - 
first time, shall be listed to the owners thereof, by such 
owners, their agents, county clerks, or assessors, or the 
county board, and assessed for the year one thousand eight 
hundred and seventy-three, and yearly thereafter, with refer- 
ence to the amount owned on the first day of May in each 
year, including all property purchased on that day : Provi- 
ded, that no assessment of real property shall be considered 
as illegal by reason of the same not being listed or assessed 
in the name of the owner or owners thereof. 

—2 



18 



ASSESSMENTS. 



Exempt 
estate, 
leased. 



Government 
lands. 



First day of May § 59. The owner of property on the fir^t day of May in 
any year, shall be liable for the taxes of that year. The 
purchaser of property on the first day of May shall be con- 
sidered as the owner on that day. 
real § 60. When real estate, which is exempt from taxation, 
when is leased to another whose property is not exempt, and the 
leasing of which does not make the real estate taxable, the 
leasehold estate and the appurtenances shall be listed as the 
property of the lessee thereof, or his assignee, as real 
estate. 

§ 61. Government lands entered or located on or prior 
to the first day of May, shall be taxable for that year, and 
annually thereafter. School lands and lots sold shall be 
taxable in like manner as government lands. Lands and 
lots sold by the trustees of the Illinois and Michigan canal 
shall be taxable from and alter the time the full payment 
therefor is made. Illinois Central railroad lands and lots 
shall be taxable from and after the time the last payment 
becomes due. Swamp lands and lots shall become taxable 
whenever the county sells, conveys, or agrees to convey its 
title : Provided, that canal, Illinois Central railroad and 
swamp lands and lots shall be, in other respects, governed, 
as to the time of becoming taxable, the same as government 
lands. 



SUBDIVIDING. 



Subdividing, 
lancis to be sur- 
veyed. 



Refusal or ne- 
glect to survey. 



§ 62. In all cases where any tract or lot of land is divi- 
ded in parcels, so that it cannot be described without descri- 
bing it by metes and bounds, it shall be the duty of the 
owner to cause such land to be surveyed and platted into 
lots. Such plat sball be certified and recorded. The de- 
scription of real estate, in accordance with the number and 
description set forth in the plat, aforesaid, shall be deemed 
a good and valid description of the lot or parcel of land so 
described. 

§ 63. It the owner of any such tract or lot shall refuse 
or neglect to cause such survey to be made within thirty 
days after being notified by the county clerk, said clerk shall 
cause suoh survey to be made and recorded ; and the ex- 
pense thereof shall be added to the tax levied on such real 
property, and when collected, shall be paid on demand, to 
the persons to whom it is due. 



HOW LISTED AS BETWEEN C0UNTIE8. 

How listed as s (^ A^ n y tract of land not exceeding one-sixteenth of 
ties. a section, shall be listed in the county where the greater 

part thereof is situated. When any such tract, of land shall 
be situated equally in two counties, the auditor shall deter- 
mine in which county it shall be listed. If there be several 



ASSESSMENTS. 19 



tracts similarly situated, the auditor shall apportion them 
equally between the counties as nearly as practicable. 
County clerks may have the actual contents of such tracts 
lying in their respective counties, surveyed, platted and re- 
corded, in the manner provided, tor in other cases. 

HOW LISTED AS BETWEEN TOWNS. 

§ 65. The foregoing rule shall apply to lands lying in How listed as 
different towns : Provided, the county clerk shall act in said etween towns - 
cases, instead of the auditor. 

MAKING AND DELIVERY OF ASSESSMENT. BOOKS AND BLANKS. 

§ 66. The county clerk shall make up for the several Making and 
towns or districts in his county, in books to be provided for segment books" 
that purpose, the lists of lands and lots to be assessed for 
taxes. When a whole section, half section, quarter section, 
or half quarter section, appears to belong to one owner, it 
shall be listed as one tract. And when all the lots in one 
block appear to belong to one owner, they shall be listed 
as a block. When several lots in the same block shall be- 
long to the same owner, they shall be included in one 
description. Said clerk shall enter in the proper column, 
opposite the respective tracts or lots, the name of the owners 
thereof, so far as he shall be able to ascertain the same. 
Said books shall contain columns in which may be shown the 
number of acres or lots improved, and the value thereof; 
the number of acres or lots not improved, and the value 
thereof; the total value; and such other columns, as may 
be required. 

§ 67. The books for the assessment of property in coun- counties under 
ties not under township organization, shall be made up by Nation. p ° rgan 
congressional townships — but parts or fractional townships, 
less than full townships, may be added to full townships, at 
the discretion ot the county board. In counties under town- 
ship organization, said books shall be made to correspond 
with the organized townships. Separate books shall be 
made for the assessment of property and the collection of 
all taxes and special assessments thereon, within the corpo- 
rate limits of cities, towns and villages, if ordered by the 
county board. 

§ 68. Tne county clerk shall cause such lists to be care- Lststobecom- 
fulty compared with the list of taxable real property on pared - 
file in his office. 

§ 6y. The county clerk shall cause such assessment Assessment 
books, and all blanks necessary to be used by the assessor £° ok8 > delivery 
in the assessment of real and personal property, to be in 
readiness for delivery to the assessor on or before the first 
day of May in each year. 

§ 70. It shall be the duty of each county, town or dis- Assessor tore- 
trict assessor to call on the county clerk on or before the bianis°° ks and 



20 ASSESSMENTS. 



first day of May in each year, and receive the necessary 
books and blanks for the assessment of property, and the 
failure of any assessor so to do, shall be deemed sufficient 
cause to declare his office vacant, and for the appointment of 
a successor. 
Lands rot con- § 71. If, after the delivery of such.books to the assessor 
tamed m books. j n an y y ear> t De c l er k shall receive an abstract showing the 
entry of any lands or lots not contained in such books, it 
shall be his duty to furnish a list of the same to the proper 
assessor within five days after such abstract is received. 

APPOINTMENT OF ASSESSORS AND DEPUTY ASSESSORS. 

Appointment § 72. Until provision is made by law for the election of 
of assessors, fo e CO unty assessor in counties not under township organi- 
zation, the county board, in said counties, shall, annually, 
appoint some suitable and competent person as county as- 
sessor, and the person so appointed shall hold his office for 
one year, subject, however, to all the fines, penalties, and 
removal from office, provided for in this act. A vacancy 
from any cause, in the office of assessor, bhall be filled by 
appointment by said board. 
Assessors to g 73. If an y assessor, for any cause whatever, shall be 
appo epu una j ;) i e to p er f orm the duties required of him, within the 
time designated by law, he may, by and with the advice 
and consent of the chairman of the county board, or board 
of town auditors, as the case may require, appoint one or 
more suitable persons to act as deputies to assist him in 
mating the assessment, and may designate the district, or 
portion of the township, county, city, village or town in 
which such deputy or deputies are authorized to list and 
assess property. Such deputy assessors shall make their 
returns to the assessor. 

OATH AND DUTIES OF ASSESSORS — ASSESSMENT OF REAL 
AND PERSONAL PROPERTY. 

oath of the § 74. Every assessor or deputy assessor, before entering 
assessor. upon the duties of his office, shall take and subscribe the 

oath required by the constitution, 
vacancy in of- § 75. If any assessor shall fail to take the oath required 
r " by this act, his office shall become vacant ; and in such case, 
or in case the office of assessor is vacant for any cause, the 
county board or town board, as the case may be, 6hall fill 
the vacancy by the appointment of some suitable person, 
who shall qualify and discharge the duties of such assessor 
till the office is otherwise filled, as required by law. 
Assessor to § 76. Assessors shall, between the first day of May and 
vew proper y. ^g fj rs t day of July of each year, actually view and deter- 
mine, as nearly as practicable, the fair cash value of each 
tract or lot of land listed for taxation, and set down in pro- 



ASSESSMENTS. 21 



per columns, in the bcok furnished him, the value of each 
tract or lot improved, the value of each tract or lot not im- 
proved, and the total value. He shall also set down, in 
separate columns, the number of acres in wheat, corn, oats, 
meadow, and other field products, in inclosed pasture, 
orchards and woodlands, whether inclosed or not, in that 
j ear. 

§ 77. If the assessor discovers any real property, subject Property not 
to taxation, which has not been returned to him by the s rTo n iist. as£es " 
clerk, he shall list and assess such property. 

§ 78. The assessor or his deputy shall, also, between the Manner of as- 
first day of May and July, proceed to take a list of the tax- "" 
able personal property in his county, town or district, and 



sessing. 



assess the value thereof in the manner following, to-wit: 
He shall call at the office, place of doing business, or resi- 
dence of each person required by this act to list property, 
and list his name, and shall require such person to make a 
correct statement of his taxable property, in accordance with 
the provisions of this act; and the person listing the pro- 
perty shall enter a true and correct statement of such pro- 
perty, in the form prescribed by this act, which shall be 
signed and sworn to, to the extent required by this act, by 
the person listing the property, and delivered to the assess- 
or ; and the assessor shall thereupon assess the value of 
such property, and enter the same in his books : Provided, 
if any property is listed or assessed on or after the first day 
of July, and before the return of the assessor's books, the 
same shall be as legal and bindin'g as if listed and assessed 
before that. time. 

§ 79. If any person required by this act to list property n ^f sorleave 
shall be sxck or absent when the assessor calls for a list of 
his property, the assessor shall leave at the office or usual 
place of residence or business of such person a written or 
printed notice, requiring such person to make out and leave 
at the place named by said assessor, on or before some con- 
venient day named therein, the statement or schedule re- 
quired by this act. The date of leaving such notice, and the 
name of the person required to list the property, shall be 
carefully noted by the assessor in a book to be kept for that 
purpose. 

§ bO. The assessor may examine, on oath, any person Assessor may 
whom he may suppose to have knowledge of the amount or exammeonoath 
value of the personal property which the person so refusing 
is required to list. The assessor may take any proper torm 
of action to compel the attendance of a witness. 

§81. It shall be the duty of assessors, when making as- Number of 

• school district 

sessments of personal property, to designate the number of 
school district or districts in which each person assessed is 
liable for tax ; which designation shall be made by writing 
the number of the district opposite each assessment, in a 
column provided for that purpose in the assessment book. 



22 ASSESSMENTS. 



Property in se- §82. When the personal property of any person is 
rricts, sch °° ldis "assessable in several school districts, the amount in each 
shall be assessed separately, and the name of the owner 
placed opposite each amount. 
Failure to ob- § 83. In all cases of failure to obtain a statement of per- 
sonal property, from any cause, it shall be the duty ot the 
assessor to ascertain the amount and value of such property, 
and assess the same as he believes to be the fair amount 
and value thereof. 
copy of state- § 84. The assessor, when requested, shall deliver to the 



tain statement. 



merit, assessor ,. ., ,. 

to deliver. person assessed a copy ot the statement ot property herein- 
before required, showing the valuations of the assessor of 
the property so listed ; which copy shall be signed by the 
assessor, 
instructions 8 85. Assessors, in the execution of their duties, shall use 

and forms from , ■, ° ,. , .. , • • , ,, '. 

auditor. the torms and pursue the instructions which shall, trom time 

to time, be transmitted to them by the auditor, or that may 
be furnished to them by the county clerk or other officer, in 
pursuance of law. 

REVIEW OF ASSESSMENT BY TOWN BOARD, IN COUNTIES UNDER 
TOWNSHIP ORGANIZATION. 

Review of as- 8 86. In counties under township organization, the as- 

£6^^1116111. COUD~ ^ 

ties under town- sessor, clerk and supervisor of the town shall meet on the 
BMporgamzatn f onrtu Monday of June, for the purpose of reviewing the 
assessment of property in such town. And on the applica- 
tion of any person considering himself aggrieved, or who 
shall complain that the property of another is assessed too 
low, they shall review the rissessment, and correct the same, 
as shall appear to them just. No complaint that another is 
assessed too low shall be acted upon until the person so as- 
sessed, or his agent, shall be nodded of such complaint, if a 
resident of the county. Any two of said officers meeting, are 
authorized to act, and they may adjourn from day to day, 
till they shall have finished the hearing of all cases pre- 
sented on said day. Property assessed alter the fourth 
Monday of June shall be subject to complaint to the county 
board, subject to the rules specified in this section. 
\w tice of re " § ^7. The assessor shall cause at least ten days previous 
notice of the time arid place ot such meeting, to be given by 
posting notices in at least three public places in such town. 
Failure togive a §8. The failure to give such notice or hold said meet- 

notiCc;. -in • • i 

ing shall not vitiate such assessment, except as to the excess 
of valuation or tax thereon shown to be unjustly made or 
levied. 

RETURN OF ASSESSOR TO COUNTY CLERK. 



view, i 



,? D e j£™ of the § 89. The assessor shall add up and note the aggregate 

IScboUI. t'll • 1 "111 

ot each column in his assessment books ot real and personal 



assessor 



ASSESSMENTS. 23 



property. And shall also add m each book, under proper 
headings, a tabular statement, showing the footings ot the 
several columns upon each page; and shall add up and set 
down under the respective headings the totals of the seve- 
ral columns. When an assessor returns several assessment 
books of real or personal property, he shall, in addition to 
the tabular statements herein required, return a statement 
in like form, showing the totals of all the books. 

§ 90. The assessor shall, on or before the first day of oath to return. 
July of the year for which the assessment is made, return 
his assessment books to the couuty clerk, verified by his 
affidavit substantially in the following form : 

State of Illinois, ) 
.... County. [ 

I, , assessor of , do solemnly swear that the book to which 

this is attached contains a correct and full list of all the real property, (or 
'•personal property," as the case may be,) subject to taxation in . . . ., so far 
as I have been able to ascertain the same; and that the assessed value set 
down in the proper column opposite the several kinds and descriptions of pro- 
perty is, in each case, the fair cash value of such property, to the best of 
my knowledge and belief, (where the assessment has been corrected by a town 
board, "except as corrected by the town board,") and that the footings of the 
several columns in said book, and tabular statement returned herewith, is cor- 
rect, as I verily believe. 

§ 91. The assessor shall at the same time deliver to the Delivery of 
county clerk all the schedules and statements of personal statements. *" 
property which shall have been received by him, indorsed 
with the name of the person whose property is listed, and 
arranged in alphabetical order; and* the clerk shall preserve 
the same in his office for two years thereafter. 

8 92. The several assessment books shall be filed in . A f se !f™ e nt 

,",,,,,, . books tiled. 

the office or the county clerk, and there remain open to 
the inspection of all persons. 

PAT OF ASSES80RS AND DEPUTY ASSESSORS. 

§ 93. The pay of assessors and deputy assessors shall, Pay of assessors 
from time to time, in counties not under township organi- 
zation, be determined and fixed by the county board, and 
in counties under township organization, by the town board 
of auditors. Such pay shall be for the time necessarily em- 
ployed in making the assessment, to be paid county asses- 
sors and their deputies out of the county treasury, and town 
assessors and their deputies out of the town treasury. 

§ 94. Assessors and deputy assessors shall make out „ c ^L c °™ te of 
their accounts in detail, giving the da^e of each day which 
they shall have been employed, which account they shall 
verify under oath. The assessor shall not be entitled to 
compensation until he shall have filed the lists, schedules, 
statements and books appertaining to the assessment of pro- 
perty for such year, in the office of the county clerk — the 
books to be accurately made and added up. An assessor or 
deputy assessor shall not be entitled to pay unless he has 



24 ASSESSMENTS. 



performed the labor and made return in strict compliance 
with law. 

DUTIES OF CLERK ON RETURN OF ASSESSMENT BOOKS. 

Eetum of as- § 95. The clerk, upon receipt of the assessment books 
totiefof cierk 8 ' of real property, shall correct all errors of whatsoever kind 
which he may discover, and add the name of the owner, if 
known, when the same does not already appear, and the 
description of all real property which has been omitted by 
the assessor, and is liable to taxation. 
correction of §96. If the assessor has listed and assessed any real 
assessm'tbooks. property not retQr ned by the auditor to the clerk, the clerk 
shall immediately advise the auditor thereof, who shall 
ascertain if the same is taxable, and advise the clerk. If 
taxable, the clerk shall enter the same in the list of taxable 
property in his office ; if not, he shall correct the assess- 
ment books. 

EQUALIZATION OF ASSESSMENTS BY THE COUNTY BOARD. 

Equalization of § 97. The county board, at a meeting to be held for the 
coun%™boa?d. by purpose contemplated in this section, on the second Monday 
in July, annually, after the return of the assessment books, 
shall — 

First — Assess all such lands or lots as have been listed by 
the county clerk, and not assessed by the assessor. Said 
beard may make such alterations in the descriptions of real 
property as it shall deem necessary. 

Second — On the application of any person considering 
himself aggrieved, or who shall complain that the property 
of another is assessed too low, they shall review the assess- 
ment and correct the same as shall appear to be just. No 
complaint that another is assessed too low shall be acted 
upon until the person so assessed or his a^ent shall be noti- 
fied of such complaint, if a resident ot the county. 

Third — To hear and determine the application «f any 
person who is assessed on property claimed to be exempt 
from taxation. If the board shall decide that any such prop- 
erty is not liable to taxation, and the question as to the lia- 
bility of such property to taxation has not been previously 
determined, as hereinafter nrovided, the decision of said 
board shall not be final, unlesf'approved by the auditor of 
public accounts ; and it shall h£ the duty of the county clerk, 
in all such cases, to make out and forward to the auditor a 
full and complete statement of all the facts in the cac If 
the auditor is satisfied that such property is not legally lia- 
ble to taxation, he shall notify the clerk of his approval of 
the decision of the board, and the said clerk shall c-rrect 
the assessment ace H'dingly. But if the auditor is satisfied 
that such property is liable to taxation, he shall advise the 



ASSESSMENTS. 



25 



clerk of his objection to the decision of the board, and give 
notice to said clerk that he will apply to the supreme court 
in either division, specifying at what term thereof, for an 
order to set aside and reverse the decision of the county 
board. Upon the receipt of such notice, the clerk shall no- 
tify the person making the application aforesaid. It shall 
be the duty of the auditor to file in the supreme court a cer- 
tified statement of the facts certified by the clerk, as afore- 
said, together with his objections thereto, and the court shall 
hear and determine the matter as the right of the case may 
be. If the board shall decide that property so claimed to 
be exempt is liable to be taxed, and the party aggrieved 
shall at the time pray an appeal, a brief statement in the 
case shall be made by the clerk, and transmitted to the audi- 
tor, who shall present the case to the supreme court in like 
manner as hereinbefore provided. In either case, the col- 
lection of the tax shall not be delayed thereby, but in case 
the property is decided to be exempt, the tax shall be 
abated or refunded. 

Fourth — It shall ascertain whether the valuations in one 
town or district bear just relation to all the towns or districts 
in the county; and may increase or diminish the aggregate 
valuation of property in any town or district, by adding or 
deducting such sum upon the hundred as may be necessary 
to produce a just relation between all the valuations of prop- 
erty in the county ; but shall, in no instance, reduce the 
aggregate valuation of all the towns or districts below the 
aggregate valuation thereof, as made by the assessors ; nei- 
ther shall it increase the aggregate valuation of all the towns 
or districts, except in such an amount as may be actually ne- 
cessary and incidental to a proper and just equalization. It 
may consider lands, town or city lots, personal property, 
and railroad property (except "railroad track" and "rolling 
stock,") separately, and determine a separate rate per cent, 
of addition or reduction for each of said classes of property, 
as may be necessary to a just equalization of the assessed 
value of said classes of property within the respective towns, 
and of the same between the several towns or districts in the 
county. If the county board of any county shall find the 
aggregate assessment of the county is too high or too low, 
or is generally so unequal as to render it impracticable to 
equalize such assessment fairly, they may set aside the as- 
sessment of the whole county or of any township or town- 
ships therein, and order a new assessment, with instructions 
to the assessors to increase or diminish the aggregate assess- 
ment ol such county or township, as the case may be, by 
such an amount as said board may deem right and just in 
the premises, and consistent with this act. 



26 ASSESSMENTS. 



REPORT OF ASSESSMENT BY THE CLERK, TO THE AUDITOR, 
FOR EQUALIZATION. 

Report to audi- § 98. On or before the tenth day of July, annually, it 
shall be the duty of county clerks, upon the receipt of the 
assessment books, to make out and transmit to the auditor 
an abstract of the assessment of property, showing the num- 
ber, value and average value of each kind of enumerated 
property, as shown by the assessment; the value of each 
item of unenumerated property, and total value of personal 
property ; the length of main track, the length of side track, 
and the numbers, values, and average values of each sepa- 
rate item of railroad property ; the number of acres, value 
and average value of improved lands ; the number of acres, 
value and average value of unimproved lands ; the total 
number of acres, total value and average value, per acre, 
of all lands ; the number, value and average value of im- 
proved town or city lots ; the number, value and average 
value of unimproved town or city lots ; the total number of 
lots, total value and average value of all lots ; and the total 
value of all property ; the number of acres in cultivation of 
wheat, corn, oats, meadow, and other field products in in- 
closed pasture, orchards and woodland, whether inclosed 
or not in that year. Said abstract shall be made out on 
blanks, which it shall be the duty of the auditor to furnish 
the county clerks for that purpose. The values to be given 
in said abstract shall be the assessed valuations, except in 
the case of railroad property denominated "railroad track" 
and "rolling stock," the value of which shall be given as re- 
turned by the railroad company to the county clerk. The 
county clerk shall, at the same time, and accompanying 
said abstract, furnish a detailed statement of the railroad 
property denominated "railroad track" and "rolling stock," 
reported by each road located in or through their counties.' 
If there are any roads so located that have not made their 
reports as required by this act, the clerk shall report the 
fact, giving the name of such railroad. 
Failure of as- 8 99. It shall be the duty of the county clerks, in case 

sessor to make n V. ., .. d , n , .,i 

return. ot failure or any assessor to make return ot assessment with- 

in the time specified in this act, to transmit a statement of 
the assessment in all the towns or districts from which re- 
turns have been received, together with a statement of the 
amount of taxable property assessed in the defaulting towns 
or districts for the previous year. 



STATE BOARD OF EQUALIZATION. 



state board of § 100. The state board of equalization shall, at the expi- 
equaiization-i rat i on f t h e term Q f f£ ce f t b e me mbers now forming 



ASSESSMENTS. 



27 



said board, consist of one member from each congressional 
district in the state, elected as hereinafter provided, and the 
auditor of public accounts. 

§ 101. The qualified electors of each congressional dis- How elected. 
trict shall, at the general election in November, eighteen 
hundred and seventy-two, and every four years thereafter, 
elect one of their number to serve as a member of said board 
of equalization, who shall hold his office for four years, and 
until his successor is elected and qualified. The returns of 
the poll-books and certificates of election shall be governed 
by the laws regulating the election of members of congress ; 
and in case of vacancy occurring in said board by death, re- 
signation or otherwise, it shall be the duty of the governor 
to appoint some person (having the qualifications of an 
elector in the district in which such vacancy occurs) to fill 
the same until the next regular election for members of said 
board. 

§ 102. Each member of said board, before entering upon oath of mem- 
the duties of his office, shall take the oath (or affirmation) » 

prescribed by the constitution of this state. 

§ 103. At the first meeting of said board, quadrennially, of ° b r fa r n d izatkm 
it shall organize by selecting one of its members as chair 
man, and appointing a secretary ; and may, from time to 
time, select such employees as may be deemed necessary. 
The secretary shall take the oath prescribed by the consti- 
tution. 

§ 104. It shall be the duty of the secretary of said board, m T n a t b 8 ula to ta be" 
under the direction of the auditor of public accounts, to compiled. 
compile the abstracts of assessments received from the 
county clerks into tabular statements, convenient for the 
use of the board ; which statements and the original ab- 
stracts shall be submitted to the board on the first day of its 
session in each year, or as soon thereafter as the board is 
organized. The secretary shall perform such duties in va- 
cation as shall be assigned to him by the board. 

§ 105. Said board shall assemble at the state capital on .Jime of meet- 
the second Tuesday in the month of August, annually, and 
examine the abstracts of property assessed for taxation in 
the several counties of this state, as returned to the auditor, 
and shall equalize the assessments as hereinafter provided ; 
but said board shall not reduce the aggregate assessed valu- 
ation in the state ; neither shall it increase said aggregate 
valuation, except in such an amount as may be reasonably 
necessary to a just equalization, and not exceeding one per 
cent, on such aggregate assessed valuation ; but this rule 
shall not apply to railroad property. 

§ 106. Said board, in equalizing 1 the valuation of pro- Separate classes 
perty a6 listed and assessed in the different counties, shall of property 
consider the following classes of property separately, viz : 
personal property; railroad and telegraph property; lands, 
and town and city lots ; and, upon such consideration, de- 



28 ASSESSMENTS. 



termine such rates of addition to or deduction from the 
listed or assessed valuation of each of said classes of pro- 
perty in each county, or to or from the aggregate assessed 
value of each of said classes in the state, as may be deemed 
by the board to be equitable and just — such rates being in 
all cases even and not fractional ; and such rates, as finally 
determined by said board, shall not be combined. 
state averages. g 107 In equalizing the value of personal property be- 
tween the several counties, 8aid board shall cause to be 
obtained the state averages of the several kinds of enume- 
rated property, from the aggregate footings of the number 
and value of each ; and the value of the several kinds of 
enumerated property in each county shall be obtained at 
those average values ; and the value of enumerated property 
thus obtained, as compared with the assessed value of such 
property in each county, shall be taken by said board to 
obtain a rate per cent, to be added to or deducted from the 
total assessed value of personal property in each county: 
Provided, that whenever in the opinion of the board it is 
necessary, to a more just and equitable equalization of per- 
sonal property, that a rate per cent, be added to or deducted 
from the value thus obtained in any one or more of the 
counties, said board shall have the right so to do ; but the 
rate per cent, hereinbefore required shall first be obtained 
to form the basis upon which the equalization of personal 
property shall be made. 
capital stock of § 108. The state board of equalization shall assess the 
associations.* ca pital stock of each company or association, respectively, 
now or hereafter incorporated under the laws of this state, 
in the manner hereinbefore in this act provided. The re- 
spective assessments so made (other than of the capital 
stock of railroad and telegraph companies) shall be certified 
by the auditor, under direction of said board, to the county 
clerk of the respective counties in which such companies 
or associations are located, and said clerk shall extend the 
taxes for all purposes on the respective amounts so certified 
the same as may be levied on the other property in such 
towns, districts, villages or cities in which such companies 
or associations are located. 
Railroad pro- § 109. Said board shall also assess the railroad property 
perty. _ denominated in this act as "railroad track" and "rolling 

stock ;" and said board is hereby given the power and au- 
thority, by committee or otherwise, to examine persons 
and papers. The amount so determined and assessed 
shall be certified by the auditor to the county clerks of the 
proper counties. The county clerk shall, in like manner, 
distribute the value, so certified to him by the auditor, to 
the county and to the several towns, districts, villages and 
cities in his county entitled to a proportionate value of such 
"railroad track " and " rolling stock." And said clerk shall 



ASSESSMENTS. 29 



lands. 



extend taxes against such values, the same as against other 
property in such towns, districts, villages and cities. 

§ 110. The aggregate amount of capital stock of railroad Aggremteam't 
or telegraph companies assessed by said board shall be dis- 
tributed proportionately by said board to the several coun- 
ties in like manner that the property of railroads denomi- 
nated "railroad track" is distributed. The amount so 
determined shall be certified by the auditor to the county 
clerks of the proper counties. The county clerk shall, in 
like manner, distribute the value, so certified to him by the 
auditor, to the county and to the several towns, districts, 
villages and cities in his county entitled to a proportionate 
value of such capital stock. And said clerk shall extend 
taxes against such values the same as against other property 
in such towns, districts, villages and cities. 

§ 111. Lands shall be equalized bv adding to the agere- Equalization of 
gate assessed value thereof, in every county in which said 
board may believe the valuation to be too low, such rate per 
centum as will raise the same to its proper proportionate 
value, and by deducting from the aggregate assessed value 
thereof, in every county in which said board may believe 
the valuation to be too high, such per centum as will reduce 
the same to its proper value. Town a*nd city lots shall be 
equalized in the same manner herein provided for equalizing 
lands, and, at the option of said board, may be combined 
and equalized with lands. 

§ 112. When said board shall have separately considered classes of 
the several classes of property as hereinbefore required, the Fatedf y 
results shall be combined into one table, and the same shall 
be examined, compared and perfected, in such manner as 
said board shall deem best to accomplish a just equalization 
of assessments throughout the state, preserving, however, 
the principle of separate rates for each class of property. 

§ 113. In all cases of partial return from any county Partial returns 
where the number of delaulting towns or districts do not 
exceed one-third of the whole number of towns or districts 
in the county, the board of equalization may estimate the 
valuation in the towns or districts from which returns have 
not been received, and may equalize the total valuation as 
in other cases. In cases where the defaulting towns or dis- 
tricts exceed in number one-third of the whole number of 
towns or districts in the county, and in all cases of tailure 
on the part of any county clerk to furnish the proper returns 
of the assessment of his county to the auditor prior to or 
during the meeting of the board of equalization, in each 
year, said board may, by order, authorize the auditor to 
equalize the assessment of such county when full returns 
have been received by him. 

§ 114. "When said board shall have completed its e.quali- . Board to cer 
zation of assessments, tor any year, the chairman and sec- y t0 au 
retary shall certify to the auditor the rates finally determined 



30 ASSESSMENTS. 



|by said board to be added to or deducted from the listed or 
f assessed valuation of each class of property in the several 
[counties, and also the amounts assessed by said board ; and 
fit shall be the duty of said auditor, under his seal of office, 
to report the action of the board to the several county 
clerks, immediately after the adjournment of said board. 
Proceedings o § 115. A report of the proceedings of said board of 
e published, equalization shall be published annually, in pamphlet form, 
and five thousand copies thereof printed, of which number 
each member shall be entitled to fifty copies, the auditor to 
five hundred copies, and the remainder thereof shall be 
distributed by the secretary of state to the several counties, 
in the proportion usual in similar cases. Said distribution 
shall be made by mail or express, immediately upon the 
receipt of said report from the public printer, the cost of 
such distribution to be paid by the secretary of state out of 
the appropriation for incidental expenses. 
Pay of mem- § 116. The secretary of state shall furnish such printing, 
foT'sfaSonery! f ue l> lights and rooms as may be necessary for the transac- 
etG - tion of the business of said board. Each member of said 

board shall receive for his services the sum of five dollars 
per day during its sessions, and ten cents per mile for each 
mile necessarily traveled in going to and returning from 
the seat of government, to be computed by the auditor of 
public accounts, and no other allowance or emolument, di- 
rectly or indirectly, for any purpose whatever, except the 
sum of ten dollars per session to each member, which shall 
be in full for postage, stationery, newspapers, and all other 
incidentals and perquisites. The pay and mileage allowed 
to each member of said board, and the pay allowed to its 
secretary and employees shall be certified by the chairman 
of the board to the auditor of public accounts, who shall 
issue his warrants on the state treasurer therefor. Said 
board may employ one page, at two dollars per day ; two 
secretaries, at five dollars per day each ; and one janitor or 
doorkeeper, at three dollars per day. Two-thirds of the 
whole number of members shall constitute a quorum, and 
said board may adjourn from time to time until the business 
before it is disposed of. 

BATES OF TAXATION. 

Rates of taxa § 117. All rates for taxes, hereinafter provided for, shall 
be extended by the county clerk on the assessed valuation of 
property, as equalized and assessed by the state board of 
equalization. 

FOR 6TATE PURPOSES. 

For8 ratI pa e r r § *^' ^ e governor, auditor and treasurer shall, an- 
cent. i nually, on the completion of the assessment and equaliza- 



ASSESSMENTS. 31 



tion of property, ascertain the rate per cent, required to 
produce the amount of taxes levied by the general assem- 
bly. 

§ 119. There shall be annually assessed and collected, at state school 
the same time and in the same manner as other state taxes, tax ' 
such rate of tax on the equalized valuation of the property 
of this state, as is or may be provided by the laws con- 
cerning free schools, which tax shall be denominated the 
"State school tax," and the moneys arising therefrom be 
distributed in such manner as is or may be provided by the 
laws of this state concerning free schools ; and no part of the 
fund raised by the aforesaid tax shall be diverted to or used 
for any other purpose than the support and maintenance of 
free schools in this state. 

§ 120. The auditor shall, annually, compute and certify Auditor to 
to the county clerks such separate rates per cent, as will percent. rates 
produce the net amounts of state taxes authorized to be 
levied — 

First — For revenue purposes, to be designated " Eevenue 
fund." 

Second — For interest purposes, to be designated " Interest 
fund." 

Third — For state school purposes, to be designated "State 
school fund." 

Fourth — For such other taxes as may be required by law 
to be levied by him. 

The "Interest fund" tax shall be levied so long only as 
the same may be necessary, and shall be applied to the pay- 
ment of interest only. 

FOR COUNTY PURPOSES. 

§ 121. The county board of the respective counties shall, For eounty 
annually, at the September session, determine the amounts pur P° ses - 
of all taxes to be raised for county purposes, the aggregate 
amount of which shall not exceed the rate of seventy-five 
cents on the one hundred dollars' valuation of property, 
except for payment of indebtedness existing at the adoption 
of the present state constitution, unless authorized by a vote 
of the people of the county. "When for several purposes, 
the amount for each purpose shall be stated separately. 

FOR ALL OTHER PURPOSES. 

§ 122. The proper authorities of towns, townships, die- For an other 
tricts, and incorporated cities, towns and villages, shall, an- pur P° 6es - 
nually, on or before the second Tuesday in August, certify- 
to the county clerk the several amounts which they require 
to be raised by taxation. 



32 . ASSESSMENTS. 



COLLECTORS BOOKS EXTENDING KATES. 

collectors' § 123. The county clerk shall, annually, make out for 

books. th e use f collectors, in books to be furnished by the county, 

correct lists ot taxable property, as assessed and equalized. 
congressional § 124. In counties not under township organization, such 
s°a^d ips townI book shall be made up by congressional townships — bat 
sMps. parts or fractional townships, less than full townships, may 

be added to full townships, at the discretion of the county 
board. In counties under township organization, said books 
shall be made to correspond with the organized townships. 
Separate books may be made for the collection of all taxes 
within the corporate limits of cities, towns and villages. 
This section shall not be construed to interfere with the tax 
book provided for in this act, for the use of county collectors, 
for collecting all taxes charged against railroad property and 
the capital stock of telegraph companies. 
rsooks to be § 125. The respective county clerks shall cause the collec- 
mied for coiiec- torg 5 k 00 k; g to be properly ruled for the several classes of 
property, providing for each class three columns for values — 
the first to show the assessed valuation ; the second to show 
the valuation as corrected and equalized by the county board; 
and the third, to show the valuation as equalized or assessed 
by the state board of equalization. Said books to con- 
tain proper columns for the extension of the several kinds 
of taxes, and other purposes. 
Rates of de- § 126. Said clerks shall extend the rates of addition or 
dncuon. deduction ordered by the county board and state board of 

equalization, in the several columns provided for that pur- 
pose. The rates per cent, ordered by the state board of 
equalization shall be extended on the assessed valuation of 
property, as corrected and equalized by the county board — 
except, that in the case of railroad property denominated 
"railroad track" and "rolling stock," said rates shall be 
extended on the listed valuations of such designated pro- 
perty. In all cases of extension of valuations, where the 
equalized valuation shall happen to be fractional, the clerk 
shall reject all such fractions as may fall below fifty cents ; 
fractions of fifty cents or more shall be extended as one 
dollar. 
county clerk § 127. The said clerks shall estimate and determine the 
rate percent." 16 rate P er ceut - upon the proper valuation of property in the 
respective towns, townships, districts and incorporated 
cities, towns and villages in their counties, that will pro- 
dace, within the proper divisions of such counties, not less 
than the net amount of the several sums that shall be re- 
quired by the county board, or certified to them according 
to law. 



ASSESSMENTS. 33 



§ 128. All state and- county taxes shall be extended by county clerks 

., ° .. t -i " ,i , • ,i to extend taxes. 

the respective county clerks upon the property in their 
counties, upon the valuation produced by the equalization 
and assessment of property by the state board of equaliza- 
tion. Town, district, village, city and other taxes, shall also 
be extended against such assessed and equalized valuation 
of property within their respective jurisdictions. In the 
extension of taxes, the fraction of a cent shall be extended 
as one cent. 

§ 129. In all cases, where anv real property has hereto- Forfeited pro- 
fore been or may hereafter be forfeited to the state for taxes, 
it shall be the duty of the clerk, when he is making up the 
amount of tax due on such real property for the current 
year, to add the amount of back tax, interest, penalty and 
printers' fees remaining due on such real property, with one 
year's interest at ten per cent, on the amount of tax due, to 
the tax of the current year, and the ag-orreffate amount so 

ti " Oct o 

added together shall be collected in like manner as the tax 
on other real property for that year may be collected : Pro- 
vided, that the county clerk shall first carefully examine 
said list, and strike therefrom all errors, and'otherwise make 
such corrections as may be necessary with respect to such 
property or tax. 

§ 130. When the books or lists for the collectors are statement of 
completed, the county clerk shall make a complete state- tote recorded?' 
ment of the assessment and taxes charged, on blanks, and 
in conformity to instructions furnished to him by the audi- 
tor. The clerk shall record said statement, and forward it, 
properly certified, to said auditor. 

§ 131. It shall be the duty of the county clerk to make, certificate of 
in each collector's book, a certificate of the rate of deduction additions. 
or addition determined by the state board of equalization in 
the county to which such books shall pertain ; and, also, 
the rate of addition or deduction determined by the county 
board in the town, district, city or village to which such 
book shall pertain. 

§ 132. To each collector's book, a warrant, under the Warrant for 
hand and official seal of the county clerk, shall be annexed, collectl0n - 
commanding the collector to collect from the several per- 
sons named in said book, the several sums entered in the 
column of totals, opposite their respective names. The 
warrant shall direct the collector to pay over the several 
kinds of taxes that may be collected by him, to the respec- 
tive officers entitled thereto, less the compensation for col- 
lection allowed him by law. 

QUALIFICATION OF TOWN AND DISTRICT COLLECTORS. 

§ 133. Every town or district collector, before he enters Qualification 
upon the duties of his office, and within eight days after he 
receives notice of the amount of taxes to be collected by him, 
—4 



34 ASSESSMENTS. 



shall execute a bond, with two or more securities, to be ap- 
proved bj the county board, or supervisor and town clerk 
of his town, as the case may require, in double the amount 
of such taxes, conditioned for the faithful execution of his 
duties as such collector. Signatures to such bond, signed 
with a mark, shall be witnessed, but in no other case shall 
witness be required. Said bond shall be substantially in 
the following form, to-wit : 

Know all men by these presents, that we, A B, of the of .......... 

in the cuunty of , in the state of Illinois, as town (or district) collector, 

and C D and E F, of the said county and state, as securities, are held and 
firmly bound unto the People of the State of Illinois, in the penal sum of 
......... for the payment of which, well and truly to be made, we bind our- 
selves, our heirs, executors and administrators, firmly by these presents. Signed 

and sealed, this day of , A. D. 18. .. 

The condition of the foregoing bond is such, that if the above bound A B 
shall perform all the duties required to be performed by him, as collector of the 

taxes for the year 18. ., in the town (or district) of , in the county 

of , Illinois, in the time and manner prescribed by law, and, when 

he shall be succeeded in office, shall surrender and deliver over to his succes- 
sor in office all books, papers and moneys appertaining to his said office, then 
the foregoing bond to be void : otherwise to remain in full force. 



A B, 


"seal." 


C D, 


SEAL. 


E F, 


l SEAL. 



Bond of col- 



He shall also take and subscribe an oath, to be indorsed 
on the back of the bond, substantially as follows : 

I do solemnly swear that I will support the constitution of the United States 
and the constitution of the state of Illinois, and that I will faithfully discharge 
the duties of the office of town (or district) collector, according to the best of 
my ability, 

§ 13i. The chairman of the county board (or town su- 
lector. pervisor, as the case may require,) shall, within six days 

thereafter, file such bond,, with such approval indorsed there- 
on, in the office of the recorder, who shall record the same, 
including the oath, in a separate book to be provided for 
the purpose, and when recorded, shall be filed in the office 
of the county clerk by the recorder. Said bond, when so 
filed for record, shall be a lien against the real estate of such 
town or district collector, until he shall have complied with 
the conditions thereof. 

DELIVERY OF COLLECTORS' BOOKS- -WARRANTS. 

Delivery of coi- § 135. The respective county clerks shall, on or before, 
lectors' books. or within ten days after the first day of December, annu- 
ally, or as soon thereafter as the collectors are duly quali- 
fied, deliver to them the books for the collection of taxes; 
and it shall be the duty of the collectors, within such time, 
or as soon thereafter as they are qualified, to call at the 
clerk's office and receive said books. The tax book, provi- 
ded for collecting all taxes charged against railroad pro- 
perty, and the capital stock of telegraph companies, shall be 
delivered to the county collector, within the same time, an- 
nually, or as soon thereafter as he is qualified. If the books 



ASSESSMENTS. 



for the collection of taxes are not completed and ready for 
delivery to the collectors at the time herein specified, they 
shall be delivered as soon as they are completed. 

§ 13 J. To each town or district collector's book a war- warrant an- 
rant, under the hand of the county clerk and seal of his nesedt ° lj00k - 
office, shall be annexed, commanding such town or district 
collector to collect from the several persons named in said 
town or district collector's book, the several sums of taxes 
therein charged, opposite their respective names. 

§ 137. In all cases the warrant shall authorize the town to levy by elis- 
or district collector, in case any person named in such col- tiess sua sale, 
lector's book shall neglect or refuse to pay his tax, to levy 
the same by distress and sale of the goods and chattels of 
such person; and it shall require all payments therein 
specified to be made by such town or district collector on 
or before the first day of February next ensuing. 

§ lii8. The warrant shall direct the town or district col- Collectors to 
lector, after deducting the compensation to which he may be pay over funds ' 
legally entitled, to pay over to the proper officers the amount 
of tax collected for the support of highways and bridges, 
and to the supervisor of the town the moneys which shall 
have been collected therein, to defray town expenses ; to the 
proper school officers, the district school tax ; to the city or 
incorporated town or village treasurer, or other proper offi- 
cer, the taxes or special assessments collected by him for 
such city or incorporated town or village, or others, as often 
and at such times as may be demanded by the proper offi- 
cer ; and to the county collector, the county tax and the taxes 
payable to the state treasury collected by him. 

§ 139. On the delivery of the tax books to the town or cierktomake 
district collectors, the clerk shall make a certified statement ment flel 8tate " 
setting forth the name of each town or district collector, 
the amount of taxes to be collected and paid over for each 
purpose for which the tax is levied in each of the several 
towns or districts, cities and villages, and furnish the same 
to the county collector. 

APPOINTMENT OF COLLECTORS IN COUNTIES NOT UNDER 
TOWNSHIP ORGANIZATION, 

§ 140. Each county in this state, not under township Sheriffg t0 be 
organization, shall be a collection district, lor the purposes of collectors. 
this act ; and the sheriffs of such counties shall be, respec- 
tively, ex-ojficio, district collectors of such collection districts. 

VACANCIES AND RESIGNATIONS. 

§ 141. If any town or district collector in this state shall Appointment 
retuse to serve, or shall die, resign or remove out of the of cJ ect016 - 
county, district or town for which he was elected or ap- 
pointed, or the office becomes vacated in any other way, be- 



36 ASSESSMENTS. 



fore he shall have entered upon or completed the duties of 
his office, or shall in any way be prevented from com- 
pleting the same, the county or town board, as the case 
may require, shall forthwith appoint a collector for the re- 
mainder of the year, who shall give the like security and 
be subject to the like penalties, and have the same power and 
compensation as the town or district collector in whose place 
he was appointed, and the county collector shall forthwith 
be notified of such appointment. Such appointment shall 
not exonerate the former town collector or his securities 
from any liability incurred by him or them. No resigna- 
tion of a town or district collector shall be accepted, unless 
sufficient cause is shown, nor shall the person resigning be 
re-appointed to complete the collections in the same or any 
other town or district in the county. 
collections by § 142. The town or district collector so appointed shall 

former collector ]j ee p an account of all collections made by the former col- 
lector, so far as he can ascertain the same, and when any 
one shall present a receipt for taxes paid to the former col- 
lector, he shall mark against the amount of such taxes to 
whom and when paid. 
Extension of § 143. In case of such appointment, the chairman of 

time for coiiec- the county board or the supervisor of the town, may extend 
the time for the collection of taxes, for a period not exceed- 
ing twenty days, of which extension the county collector 
shall be notified. 

TREASURER EX-OFFICIO COLLECTOR. 

Treasurers and § 144. The treasurers of counties under township or- 
sheriffs ex-of- g an i za tion and the sheriffs of counties not under township 

ncio collectors. & . , ,. , . r 

organization, shall be exojjicio county collectors 01 their re- 
spective counties. 
Oath and bond § 145. Said collector shall, on or before the first day of 
of collector. December, annually, or as soon as he is elected and quali- 
fied, and before he enters upon the duties of his office as 
collector, execute a bond, in addition to his bond as trea- 
surer, in a penal sum of at least double the amount of state 
taxes to be collected in the year next thereafter, with two or 
more securities, who shall be residents of the said count}, 
and owners of real estate located within this state, equal in 
value to the amount specified in the bond ; which amount 
shall be determined, and which bond shall be approved by 
the county board. Each name shall be recited, in full, in 
the body of the bond. The signatures to such bond, signed 
by a mark, shall be witnessed, but in no other cas« shall wit- 
ness be required. Such bond shall be substantially in the 
following form, to- wit : 

Know all men by these presents, that we, A B, collector, and C D and E F, 

securities, all of the county of , and state of Illinois, are held and 

firmly bound unto the People of the State of Illinois, in the penal sum of ... . 



ASSESSMENTS. 37 



dollars, for the payment of which, well and truly to be made, we bind ourselves, 
each of us, our heirs, executors and administrators, firmly by these presents. 
Signed and sealed, this .... day of . . . ., 18 . . 

The condition of the foregoing bond is such that if the above bound A B 
shall perform all the duties required to be performed by him as collector of the 

taxes for the year 18. ., in the county of , in the state of Illinois, in 

the time and manner prescribed by law, and when he shall be succeeded in 
office, shall surrender and deliver over to his successor in office all books, papers 
and moneys appertaining to his said office, then the foregoing bond to be 
void: otherwise to remain in full force. 

A B, [seal.] 
C D, [seal.] 
E F, [seal.] 

He shall also take and subscribe an oath, to be indorsed 
on the back of the bond, substantially as follows : 

I do solemnly swear that I will support the constitution of the United States 
and the constitution of the state of Illinois, and that I will faithfully discharge 
the duties of the office of county collector according to the best of my ability. 

§ 146. The collector's bond shall be approved by the app™^ ^ 
county board, and shall be recorded on the records of said 
board, and forthwith mailed to the auditor, by the county 
clerk. Said clerk shall attach his certificate to said bond, 
under the seal of his office, showing that it has been duly 
approved and recorded. Said bond, when approved and re- 
corded, shall be a lien against the real estate of such collec- 
tor until he shall have complied with the conditions thereof. 

| 147. The chairman of the county board, the county chairman of 
judge and the county clerk shall have power and authority and eo^nty judge 
to approve the bond of the county collector in like manner toa PP rOTebond 
as the county board has to approve said collector's bond ; 
and said bond, when so approved, shall be subject to the 
several provisions of this act, the same as if approved by 
said board. 

§ 148. The collector's bond, when received by the au- Bona to defiled 
ditor, and if found to be made in conformity to law, and the ™ e andltor ' s of - 
securities satisfactory, shall be filed in his office and the fact 
thereof certified to the county clerk. If the auditor finds 
said bond to be not in accordance with law, or if he has rea- 
son to doubt the sufficiency of the surety, he shall return 
the bond to the county clerk, who shall notity .the collector to 
make a sufficient bond. If a new bond is required, it shall 
be approved and recorded and subject to the requirements 
of this section, the same as the first bond given by the 
collector. JNo tax books or lists shall be placed in the 
hands of the county collector until the auditor's certificate, 
under the seal of his office, has been received by the county 
clerk, showing that the collector's bond has been received 
and tiled in the auditor's office. Nothing in this section 
shall be construed as relieving the securities of a collector 
from liabilities incurred under a bond not approved and 
filed by the auditor. 

§ 149. The securities on any bond given in pursuance securities on 
of this act, or either of them, may at any time after the exe- on 
cation of said bond, if they, or either of them, have good 



3S ASSESSMENTS. 



reason to believe that the officer in said bond is about to 
fail to comply with the conditions thereof, file with the 
county clerk a notice in writing, verified under oath, by 
the person asking to be discharged, setting forth the tacts 
in the case, and asking to be released from any further lia- 
bility on said bond ; whereupon the clerk, with whom such 
notice shall be filed, shall notify the said officer to give ad- 
ditional security, equal to the security about to be released 
by the county board, which notice may be served by the 
said clerk, or by any person appointed by said board or clerk. 
If the officer so notified shall not appear and give additional 
security within two days after notification, the county board 
may remove him from office ; and :n all such cases said 
board shall appoint some person to fill the vacancy occa- 
sioned by such removal, who shall execute bond, quality 
and perform the duties required as such officer. 
improper use § 150. If the securities on any collector's bond, or either 
of them, shall be satisfied that such collector is making im- 
proper use of the funds collected by him, or has absconded, 
or is about to abscond, from this state, whereby said secu- 
rities may become liable to pay any sum or sums of money, 
it shall be lawful for said security to sue out a writ of attach- 
ment against the goods and chattels of such collector in like 
manner as he would be authorized to do if said collector 
was personally indebted to such security ; and the money 
collected on any such attachment shall be paid into the state, 
county, town or city treasury, by the officer collecting the 
same, in like manner as if paid over by the collector. 



of funds 



Death of co. § 151. In case of the death of any county collector dur- 
ing the time the tax books are in his hands, and before the 
time specified in this act for making settlements, the county 
clerk shall demand and take charge of the tax books. Said 
clerk shall appoint one or more competent persons to exam- 
ine said tax books; and it shall be the duty of the persons so 
appointed to ascertain the amount remaining uncollected, 
and make out a correct abstract of the same : Provided, 
that should there be but a small portion of the taxes collect- 
ed at the time of the death of the collector, then the amount 
actually collected shall be ascertained, and the same books 
used in completing the collections. 

collectors may § 152. Collectors may appoint deputies bv an instru- 
ment in writing, duly signed, and may also revoke any such 
appointment at their pleasure; and may require bonds or 
other securities from such deputies, to secure themselves. 
And each such deputy shall have like authority, in every 
respect, to collect the taxes levied or assessed within the 
portion of the county, town, district, village or city assigned 
to him, which by this act is vested in the collector himself; 
but each collector shall, in every respect, be responsible to 
the state, county, towns, villages, cities, districts and indi- 
viduals, companies or corporations, as the case may be, for 



app'nt deputies. 



ASSESSMENTS. 39 



all moneys collected and for every act done by any of his 
deputies, whilst acting as such, and for any omission of duty 
of such deputy. Am bond or security taken from a deputy, 
by a collector, pursuant to this act, shall be available to such 
collector, his representatives and securities, to indemnify 
them for any loss or damage accruing from any act of such 
deputy. 

§ 153. Tbe county clerk, on being requested by any col- 1j w t *^, t s ^ co1 ' 
lector, shall attach a warrant, under his hand and the seal 
of his office, to any list furnished by such collector to his 
deputy, which warrant shall be in the same manner and form. 
as is required to the original collector's list or book, except 
that the amoant collected by such deputy shall be paid to 
the collector, who shall pay the same over to the proper offi- 
cer or persons. 



lector' 6 lists. 



MANNER IN WHICH TAXES ARE TO BE COLLECTED. 

§154. The county revenue shall be collected in gold and currency in 
silver coin, United States legal tender notes, current national Say C be paicL 68 
bank notes, county orders and jury certificates, and in no 
other currency. The revenue for state purposes shall be col- 
lected in gold and silver coin, United. States legal tender 
notes, current national bank notes and auditor's warrants, 
and in no other currency. State taxes levied for any special 
purpose, other than to defray the ordinary expenses of the 
s'ate government, shall be collected in gold and silver coin, 
United States legal tender notes, current national bank 
notes, and in no other currency. All other taxes shall be 
collected in gold and silver coin, United States legal tender 
notes, and in current national bank notes, and in no other 
currency, unless otherwise specially provided for. 

§ 155. Every town or district collector, upon receiving i e ^^gtaxes? cl ° 
the tax book or books, shall proceed to collect the taxes 
therein mentioned, and for that purpose shall call at least 
once on the person taxed, or at his place of residence or bu- 
siness, if in the town or district of such collector, and shall 
demand payment of the taxes charged to him on his pro- 
perty.^ 

§ 156. In case any person, company or corporation shall Refusal to pay 
refuse or neglect to pay the taxes imposed on him or them, 
when demanded, it shall be the duty of the collector to levy 
the same, together with the costs and charges that may ac- 
crue, by distress and sale of the personal property of the 
person, company or corporation who ought to pay the same. 

8 157. The collector shall give public notice of the time , Pu . blic notice 

• i i /• ii -I. of sale. 

and place ot sale, and or the property to be sold, with the 
name of the delinquent, at least five days previous to the 
day of sale, by advertisements, to be posted up in at least 
three public places, in the town or district where such sale 
is to be made. Such sale shall be by public auction, and, 



40 ASSESSMENTS. 



if practicable, no more property shall be sold than sufficient 
to pay the tax, costs and charges due. It' the property dis- 
trained shall be sold for more than the amount of the taxes 
and charges due, the surplus shall be returned to the person 
in whose possession such property was when the distress 
was made, if no claim be made to such surplus by any 
other person. If any other person shall claim such sur- 
plus, on the ground that the property s®ld belonged to him, 
and such claim be admitted by the person for whose tax the 
same was distrained, the surplus shall be paid to such owner, 
in ease of re- §158. In case any person against whom, a tax shall be 

mova of owner. agse g Sec j 5 under the provisions of this act, shall have removed 
from one town or district to another town or district in the 
same county without paying such tax, it shall be lawful for 
the collector having the tax books in which such tax is 
charged, to levy and collect such tax of the goods and chat- 
tels of the person assessed, in any town or district within 
said county to which such person shall have removed, or 
from property of such person whereyer the same may be 
found, in said county. 
Kuies for levy- § 159. In levying on and selling personal property for 

ing and selling taxes, the collector shall be governed by the same rules, 
and be entitled to the same fees as constables are or may 
be for like services on executions ; but in no case shall any 
collector charge mileage, unless he is compelled to dis- 
train property. 
Distraint and § l h 0. In case any person against whom taxes have 

saie of property. Deen levied, under the revenue laws of this state, in any 
county, town, city or district of this state, shall have re- 
moved from such county, town, city or district, after such 
assessment has been made, and before the collection of the 
same, the county clerk, when directed by the county boa : d, 
shall issue a warrant under his hand and seal of office, direct- 
ed to any sheriff, coroner or constable of the county, town, 
city or district to which such person may have removed^ 
commanding such officer to whom the warrant may be di- 
rected to make the amount of such tax, together with the 
costs and charges that may accrue, from the personal pro- 
perty of the person owing such tax — distraint and sale of 
property under this section to be in the same manner as pro- 
vided in this act for other cases of distraint and sale of per- 
sonal property. The taxes which may be collected under 
this section shall be disposed of in the manner required 
by this act with respect to taxes collected in any other man- 
ner. All other parts of this act providing fur cases of fail- 
ure of officers to pay over taxes, shall apply to all offieeis 
collecting taxes under this section, who fail to pay over and 
correctly account at the proper time and manner for the 
taxes collected by them, 
collector to § 161. The power to levy and collect tax shall continue 

23e£nL fl,ial in tlie count J collector after his return and final settlement, 



ASSESSMENTS. 41 



until the tax is paid. If personal property of any person 
who may have been returned by the collector as being insol- 
vent or having removed, be afterwards found in the county, 
the county clerk shall have power to issue process to the 
sheriff or any constable of his county for the collection of 
the taxes due from such person, together with the costs and 
charges that may accrue ; and when collected, such taxes 
shall be paid to the county collector and charged to him the 
same as other taxes are required to be charged to him by 
this act, and to be by him accounted for in like manner as 
such other taxes. 

§ 162. The collectors shall receive taxes on part of any Taxes on part 

, o , ir-iii i-i i mav " e received 

lot, piece or parcel oi land charged with taxes, when a par- 
ticular specification of the part is furnished. If the tax on 
the remainder of such lot or parcel of land shall remain un- 
paid, the collector shall enter such specification in his re- 
turn, so that the part on which the tax remains unpaid may 
be clearly known. The tax may be paid on an undivided 
share of real estate. In such case the collector shall desig- 
nate on his record upon whose undivided share the tax has 
been paid. 

§ 163. Whenever any person shall pay the taxes charged ' Receipts for 
on any property, the collector shall enter such payment in 
his book, and give a receipt therefor, specifying for whom 
paid, the amount paid, what year paid for, and the property 
and value thereof on which the same was paid, according 
to its description in the collector's book, in whole or in part 
of such description, as the case may be; and such entry and 
receipt shall bear the genuine signature of the collector or 
his deputy receiving such payment; and whenever it shall 
appear that any receipt for the payment of taxes shall be 
lost or destroyed, the entry so made may be read in evi- 
dence in lieu thereof. The collector shall enter the name 
of the owner or of the person paying tax, opposite each tract 
or lot of land when he collects the tax thereon, and the post 
office address of the person paying said tax. . 



taxes. 



SWORN STATEMENTS OF COLLECTIONS TO BE MADE — PAYMENTS. 

§ 164. Town and district collectors shall, every twenty Swom state- 
days, render to the proper authorities of incorporated towns, ^n^ oi collec " 
cities and villages, for which any tax is collected, a sworn 
statement of the amount of each kind of tax collected for 
the same, and at the same time pay over to such authorities 
the amount so shown to be collected. 

§ 165. Such town and district collectors shall, every thirty t stateo ents of 
days, render a similar account of the taxes payable to the dered. 
state treasury, and of the county taxes, to the county col- 
lector, and at the same time pay over the amount of such 
taxes to said county collector. 



42 ASSESSMENTS. 



collectors to § 166. Said town and district collectors shall pay over 
pay over axes. ^ Q town, road, school and other local taxes, as may be di- 
rected in the warrant attached to the collector's book. 
Fmai settle- § 167. Each town and district collector shall make final 
settlement for the township, district, city, village and town 
taxes, charged in the tax books, at or before the time fixed 
in this act for paying over and making final settlement for 
state and county taxes collected by them. In such settle- 
ments, said collectors shall be entitled to credit for the 
amount of theircornmissions on the amount collected, and for 
the amount uncollected en the tax books, as may be deter- 
mined by the settlement with the county collector. 
Duplicate re- § 168. The officer to whom any such moneys may be 
ceipts for mon- pgj^ uri( j er the preceding sections, shall deliver to the col- 
lector duplicate receipts therefor. 

RETURN OF TOWN AND DISTRICT COLLECTORS TO THE COUNTY 
COLLECTOR. 

Return of dis- §169. Town and district collectors shall return the tax 
to Ct the COl county books, and make final settlement for the amount of taxes 
collector. placed in their hands for collection, on or before the first 

day of February next after receiving the tax book : Provi- 
ded, that the county collector may first notify, in writing, 
the several town or district collectors upon what day, within 
twenty days after the first day of February, they shall ap- 
pear at his office to make final settlement. 

lecuS* t0 Co1 " § 170 ^ a town or d * 8trict collector shall be unable to 
collect any tax on personal property charged in the tax 
book, by reason of the removal or insolvency of the person 
to whom such tax is charge i, or on account of any error in 
the tax book, he shall, at the time of his final settlement 
with the county collector, make out and file with such col- 
lector a statement, in writing showing in detail the name 
of each person charged with such tax, the value of the pro- 
perty, and the amount of each kind of tax so charged, and 
the cause of delinquency in each and every case, and shall 
make oath that the cause of delinquency or error 6tated in 
such statement, opposite the name of each delinquent there- 
in named, is true and correct; that the sums mentioned 
therein remain unpaid, and that he has used due diligence 
to collect the same — which affidavit shall be signed by the 
town or district collector. 
Town coiiec- § 171. Upon the filino; of said list, the county collector 

tors stuit6ni6iits " x o 7 •/ 

as vouchers. shall allow the town or district collector credit for the 
amount of taxes therein stated, and shall credit the same 
to the several funds for which said tax was charged. When 
the county collector makes settlement with the county board, 
such statements shall be sufficient voucher to entitle him to 
credit for the amount therein stated, less such amount 
thereof, if any, that may have been collected by him. In 



ASSESSMENTS. 



43 



no case shall any town or district collector, or county col- 
lector, be entitled to abatements for personal property tax 
until the statement and affidavit are filed. 

§ 172. Each town or district collector shall, at the same ta ^s toftmpaid 
time, make out and deliver to the county collector a list of 
the real estate in his town or district on which the taxes re- 
main due and unpaid, describing the same as in tax books, 
giving the name of the person to whom listed, and the 
amount of each kind of tax charged thereon, and shall swear 
to the correctness of such list, and that the taxes therein set 
forth remain due and unpaid — which affidavit shall be at- 
tached to such list. 

§ 173. Each town or district collector shall particularly £ n F id tax ,f 

o ; . n '• which can be 

note, in his returns to the county collector, all cases or per- made from other 
sonal property tax that he was unable to collect, which can rea 
be made from real estate of the persons owing such tax. 

§174. If the town or district collector shall fail to appear failure *? 
and make final settlement, or pay over the amount in his tiement. 
hands, when required in this act, the county collector shall 
forthwith cause the bond of such collector to be put in suit, 
and recovery may be had thereon for the sum due, for all 
taxes and special assessments, and twenty-five per cent, 
thereon as damages, with costs of suit. 

§ 175. Upon the final settlement of the amount of taxes county coi- 
directed to be collected by any collector, in any of the towns satisfaction^ 6 
or districts in this state, the county collector shall, if re- P iece - 
quested, give to such collector, or any of his securities, a 
satisfaction piece in writing. 

8 176. Such satisfaction piece may be recorded in the .satisfaction 

° n , rr. , , r ii-i-ii piece may be 

recorder s omce, and when so recorded shall operate as a recorded, 
discharge of the securities and the lien upon the property 
of the collector, except as to all suits commenced upon such 
bond within three years after the recording of the same. 

§ 177. All real estate upon which the taxes remain due Delinquent 
and unpaid on the first day of February, annually, or at the 
time the town or district collector makes return of his books 
to the county collector, shall be deemed delinquent. 

RETURN OF DELINQUENT SPECIAL ASSESSMENTS. 

§ 178. When any special assessment made by any city, li^^gpedai 
town or village, pursuant to its charter, or by any corporate assessments. 
authorities, commissioners or persons, pursuant to law, re- 
main unpaid in whole or in part, return thereof shall be 
made to the county collector, on or before the first day of 
February next after the same shall have become payable, 
in like foim as returns are made for delinquent laud tax. 
County collectors shall collect, account for, and pay over 
the same to the authorities or persons having authority to 
receive the same, in like manner as he is required to col- 
lect, account for and pay over taxes. The county collector 



44: ASSESSMENTS. 



may, upon return of delinquent special assessments to him, 
transfer the amounts thereof from such returns to the tax 
books in his hands, setting down therein, opposite the re- 
spective tracts or lots, in proper columns to be prepared for 
that purpose, the amounts assessed against such tract or lot. 

Demand for § 179. When any special assessment is returned against 
meat. ! ess " property, the taxes upon which shall have been paid to the 
town or district collector, it shall be the duty of the county 
collector to cause demand to be made for the payment of 
such special assessment, or a notice thereof to be sent by 
mail, or otherwise, to the owner, if his place of residence is 
known. The certificate of a collector that such demand was 
made, or notice given, shall be evidence thereof. 

collector to 8 180. On the application of any person to pav anv tax 

note taxes in . •, \ r y J - . ., i n i~ .i 

receipt. or special assessment upon any real property, it shall be the 

duty of the county collector to make out to such person a 
receipt, in which shall be noted all taxes and assessments 
upon such property, returned to such collector and not 
previously paid, 
county coiiec- § 181. County collectors shall have the same power, and 

tors' powers. ° , . i . ,, „ 5 <? 

may proceed in the same manner for the collection of any 
tax on real or personal property, as is or may be given to 
town or district collectors. 

ADVERTISEMENT FOR JUDGMENT AND SALE. 
fOT d Jud mrat nt § 18 ' 2 ' ^ t a °y time aftei " tlle firSt da ^ ° f AP ril Eext atter 

anjsaie. such delinquent taxes and special assessments on lands and 

lots shall become due, the collector shall publish an adver- 
tisement, giving notice of the intended application for judg- 
ment for sale of such delinquent lands and lots, in a news- 
paper published in his county, if any such there be, and if 
there be no such paper printed in his county, then in the 
nearest newspaper in this state to the county seat of such 
county. Said advertisement shall be once published at least 
three weeks previous to the term of the county court at 
which judgment is prayed, and shall contain a list of the de- 
linquent lands and lots upon which the taxes or special as- 
sessments remain due and unpaid, the names of owners, if 
known, the total amount due thereon, and the year or years 
for which the same are due. Said collector shall give notice 
that he will apply to the county court, at the .... term 
thereof, for judgment against said lands and lots for said 
taxes, special assessments, interest and costs, and for an 
order to sell said lands and lots for the satisfaction thereof; 
and shall also give notice that, on the fourth Monday next 
succeeding the day fixed by law for the commencement of 
such term of the said county court, all the lands and lots, 
for the sale of which an order shall be made, will be ex- 
posed to public sale at the building where the county court 
is held in said county, for the amount of taxes, special as- 



ASSESSMENTS. 45 



tax. 



sessraents, interest and costs due thereon ; and the adver- 
tisement published according to the provisions of tnis sec- 
tion shall be deemed to be sufficient notice of the intended 
application for judgment and of the sale of lands and lots 
under the order of said court. Where the publisher of any- 
paper that may have been selected by the collector shall be 
unable or unwilling to publish such advertisement, the col- 
lector shall select some other newspaper, having due regard 
to the circulation of such paper. 

§ 183. "When it becomes necessary to charge the tax on Transfer of 
personal property against real property, the county collec- 
tor shall select for that purpose some particular tract or lots 
of real property owned by the person owing such personal 
property tax ; and in his advertisement for judgment and 
sale, shall designate the particular tract or lots of real pro- 
perty against which such personal property tax is charged, 
and in the list filed for judgment, the same facts shall be 
shown, and the court shall take cognizance thereof, and give 
judgment against such tract or lots of real property, for such 
personal property tax. 

§ 184. In all advertisements for the sale of lands and Letters na 
lots for taxes or special assessments, and in entries required figures - 
to be made by the clerk of the court or other officer, letters, 
figures and characters may be used to denote townships, 
ranges, sections, parts of sections, lots or blocks, or parts 
thereof, the year or the years for which the taxes were due, 
and the amount of taxes, special assessments, interest and 
costs ; and the whole of the advertisement shall be contained 
in one edition of such newspaper and its supplement, if such 
supplement is necessary : Provided, that nothing contained 
in this section shall prevent the county collector from sub- 
sequently advertising and obtaining judgment on lands or 
lots that may have been omitted through no fault of the 
collector, or that may have been erroneously advertised or 
described in the first advertisement. 

§ 185. All applications for judgment and order of sale Application 
for taxes and special assessments on delinquent lands and for judgment. 
lots, shall be made at the May term of the county 7 court. If, 
for any cause, the court shall not be holden at the term at 
which judgment is prayed, the cause shall stand continued; 
and it shall not be necessary to re-ad vertise the list or notice 
required by law to be advertised, before judgment and sale, 
but at the next regular term thereafter the court shall hear 
and determine the matter; and if judgment is rendered, 
the sale shall be made on the fourtn Monday after the first 
day of the term at which judgment is rendered. lt\ for 
any cause, the collector is prevented from advertising and 
obtaining judgment at said term, it shall be held to be legal 
to obtain judgment at any subsequent regular term of said 
court ; but if the failure arises by the county collector's not 
complying with any of the requirements of this act, he shall 



46 ASSESSMENTS. 



be held od his official bond for the full amount of all taxes 
and special assessments charged against him. 
Publisher of § ib6. The printer, publisher, or financial officer or 

do/mquent lists. agent Q f t k e newB p a p er publishing the list of delinquent 
lands and lots shall transmit, by mail or other safe convey- 
ance, to the collector, four copies of the paper containing 
said list, to one of which copies he shall attach his certificate, 
under oath, of the due publication of the delinquent list tor 
the time required by law (which copy shall be presented by 
the collector to the county court at the time judgment is 
prayed), and said copy shall be filed as part of the records 
of said court. Upon receipt of said papers, and on demand 
being made, the collector shall pay to the printer the amount 
of the tees allowed by law for publishing said list and notice; 
and it shall be his duty to file one copy of said paper in his 
office, and deliver one copy to the auditor, and one copy to 
the state treasurer, who shall file and safely preserve tnem 
in their respective offices. 
Error in ad- § 187. In all cases where there is an error in the adver- 

vertised list. tised list, the fault thereof being the printer's, which pre- 
vents judgment from being obtained against any tracts or 
lots, or against all of said delinquent list, at the time stated 
in the advertisement that judgment will be applied for, the 
printer shall lose the compensation allowed by this act, for 
such erroneous tracts or lots, or entire list, as the case 
may be. 
collector to § 1&8. The collector shall file with the county clerk the 

quenUami^? 1111 " list of delinquent lands and lots, which shall be made out 
in numerical order, and contain all the information neces- 
sary to be recorded, at least five days before the commence- 
ment of the term at which application for judgment is to 
be made, and said clerk shall receive and record the same in 
a book to be kept for that purpose; which said book shall 
set forth the name of the owner, it known, the proper, de- 
scription of the land or lot, the year or years for which the 
tax or special assessment is due, the valuation upon which 
the tax is extended, the amount of each kind of tax or spe- 
cial assessments, the costs and total amount charged against 
such land or lot. 
claimants of § 1»9. Any person owning or claiming lands or lots ad- 

adv>riised lands vertised for sale, as provided in this act, may, in person or 

by agent, pay the taxes, special assessments, interest, and 

costs due thereon, to the county collector of the county in 

which the same are situated, at any time before sale. 

Kecordofde- § 190. On the iirst day of the term at which judgu.e t 

lmquent lands. on d e i m( j uen t lands and lots is prayed, it shall be the duty 
of the collector to report to the clerk ali the lands or iots, as 
the case may be, upon which taxes and Sj. e jial assessments 
have been paid, if any, from the filing ot tbe list menfoued 
in the foregoing section, up to that time; and the clerk shall 
note the fact in the book in which the clerk has recorded the 



ASSESSMENTS. 47 



list, opposite each tract upon which such payments have 
been made. The collector, assisted by the clerk, shall com- 
pare and correct said list, and shall make and subscribe an 
affidavit, which shall be, as nearly as may be, in the follow- 
ing form : 

I, , collector of the county of , do solemnly swear (or 

affirm, as the case may be), that the foregoing is a true and correct record of 

the delinquent lands and lots within the county of , upon which I have 

been unable to collect the taxes (and special assessments, interest, and printers' 
fees, if any), charged thereon, as required by law, for the year or years therein 
set forth; that said taxes now remain due and unpaid, as I verily believe. 

Said affidavit shall be entered on the record at the end of 
the list, and signed by the collector. 

JUDGMENT. 

§ 191. The court shall examine said list, and if defense judgment, 
(specifying, in writing, the particular cause of objection) be 
offered by any person interested in any of said lauds or lots, 
to the entry of judgment against the same, the court shall 
hear and determine the matter in a summary manner, with- 
out pleadings, and shall pronounce judgment as the right 
of the case may be. The court shall give judgment for such 
taxes and special assessments as shall appear to be due, and 
such judgment shall be considered as a several judgment 
against each tract or lot, or part of a tract or lot, for each 
kind of tax or special assessment included therein ; and the 
c-jurt shall direct the clerk to make out and enter an order 
for the sale of such real property against which judgment is 
given, which shall be substantially in the following form: 

Whereas due notice has been given of the intended application for a judg- 
ment against said lands and lots, and no sufficient defense having been made, 
or cause shown why such judgment should not be entered against said lands 
and lots, for the taxes (special assessments, if any,) interest and costs due and 
unpaid thereon for the year or years herein set forth, therefore it is considered 
by the court that judgment be and is hereby entered against the aforesaid tract 
or tracts, or lots of land, or parts or tracts of lots, as the case may be, in favor 
of the People of the State of Illinois, for the sum annexed to each, being the 
amount of taxes (and special assessments, if any,) interest and costs due severally 
thereon ; and it is ordered by the court that the said several tracts or lots of 
land, or so much of each of them as shall be sufficient to satisfy the amount 
of taxes (and special assessments, if any,) interest and costs annexed to them 
severally, be sold as the law directs. 

Said order shall be signed by the judge. 

§ 192. Appeals from the judgment of the court may be . Appeals from 
takeL, during the same term, to the circuit court of the J ' a " sment " 
county, on the party praying the appeal giving bond, paya- 
ble to the People of the State ot Illinois, in such sum as the 
court shall direct, with security, to be approved by the court. 
Such appeals shall have preference in hearing thereof over 
all other civil causes. 

§ l'J'd. The county board, or proper authorities of any Ap.eai of 
city, village or town, or other authorities or persons to whom cotmt }' boar '• 
any tax or special assessment is payable, may in like case 
appeal to the circuit court without giving bond. 



48 ASSESSMENTS. 



SALE OF DELINQUENT LANDS. 

sale of deiin- § 1 94:. The county clerk shall, before the day of sale, 

quent lands. m ake a record of the lands and lots against which judgment 
is rendered, which shall set forth the name of the owner, if 
known, the description of the property, the total amount of 
judgment on each tract or lot, and the year or years for 
which the same is due, in the same descriptive order as said 
property may be set forth in the judgment book, and shall 
attach thereto a copy of the order of the court, and his cer- 
tificate that such record is correct. Said record, so attested, 
shall be the process on which all real property, or any inte- 
rest therein, shall be sold for taxes or special assessments, as 
well as the record for the sale of such property. 
Taxes paid § 195- On the day advertised for sale, the collector shall 

or e nd»ment tion re P ort t° tne county clerk a list of all lands and lots upon 
which taxes and special assessments have been paid after 
the rendition of judgment; and said clerk shall note the 
fact ot such payment opposite such tracts or lots upon the 
record aforesaid, 
county clerk § 196. The county clerk, in person or by deputy, shall 
attend ail sales of real estate for taxes, made by the collec- 
tor, and shall assist at the same. 
Entry of sale § 197. When any tract or lot shall be sold, it shall be the 

and redemption fi^y f ^ e clerk to enter on the record aforesaid, the quan- 
tity sold and the name of the purchaser, opposite such tract 
or lot, in the blank columns provided for that purpose ; and 
when any such property shall be redeemed from sale, the 
clerk shall enter the name of the person redeeming, the date, 
and amount of redemption, in the proper column, 
county to fur- § 198. The book for such record shall be furnished at the 

nishboou. expense of the county, and be so ruled that there shall be 
suitable blank columns for entering the quantity or portion 
of each tract or lot that may be sold, the name of the pur 
chaser, and such other culumns as may be deemed neces- 
sary. 
Forfeited § 199. All tracts or lots forfeited to the state at such 

tracts to be no- ga j e ^ ag h ere i ua ft er provided, shall be noted on said record. 
sale and re- § 200. Said book shall be known and designated as the 

demption rec- « g a le and Redemption Record," and be kept in the office 
of the county clerk. 
Saieofreaies- § 201. The collector, in person or by deputy, shall 

tate »r taxes. atten( j at t b e cour t house in his county, on the day specified 
in the notice for the sale of real estate for taxes, and then 
and there, between the hours of ten o'clock in the forenoon 
and four o'clock in the afternoon, proceed to offer for sale, 
separately, and in consecutive order, each tract of land or 
town or city lot in the said list on which the taxes, special 
assessments, interest or costs have not been paid. The 



ASSESSMENTS. 



49 



sale shall be continued from day to day, until all the tracts 
or lots in the delinquent list shall be sold or offered for 
sale. 

§ 202. The person at such sale offering to pay the Btt ^ ,rch 1 | ser at 
amount due on each tract or lot, for the least quantity 
thereof, shall be the purchaser of such quantity, which 
shall be taken from the east side of such tract or lot. 

§ 203. Every tract or lot so offered at public sale, and Tracts not sold 
not sold for want of bidders, shall be forfeited to the state forfeited - 
of Illinois. 

§ 204. If any collector, by himself or deputy, shall fail Failure of coi- 
to attend any sale of lands or lots advertised according g^ 01 
to the provisions of this act, and make sale thereof as re- 
quired by law, he shall be liable to pay the amount of 
taxes, special assessments and costs due upon the lands 
or lots so advertised. Said collector may afterwards ad- 
vertise and sell such delinquent property to reimburse him- 
self for the amount advanced by him; but at no such 
sale shall there be any property forfeited to the state. 

§ 205. If any county clerk shall fail to attend any Failure of coun- 
tax sale of real estate, either in person or by deputy, or tendraie. ° 
to make and keep the record, as required by this act, he 
shall forfeit and pay the sum of five hundred dollars, and 
shall be liable to indictment for such failure, and upon con- 
viction shall be removed from office. Said sum shall be 
sued for in an action of debt, in the name of the People 
of the State of Illinois, and when recovered shall be paid 
into the county treasury. 

§ 206. The person purchasing any tract or lot, or any ,/ u fo c r thwith to 
part thereof, shall forthwith pay to the collector the amount 
charged on such tract or lot, and on failure so to do, the 
said tract or lot shall be again offered for sale in the same 
manner as if no such sale had been made ; and in no case 
shall the sale be closed until payment is made, or the tract 
or lot again offered for sale. 

§ 207. The county clerk, on being requested so to do, certificate of 
shall make out and deliver to the purchaser of any lands or 1IU1 
lots sold as aforesaid, a certificate of purchase, to be counter- 
signed by the collector, describing the land or lot sold as the 
same was described in the delinquent list, date of such sale, 
the amount of taxes, special assessments, interest and costs 
for which the same was sold, and that payment has been 
made therefor. If aii}^ person shall become the purcha- 
ser of more than one tract or lot, he may have the whole 
or one or more of them included in one certificate. Such 
certificate of purchase shall be assignable by indorsement, 
and an. assignment thereof shall vest in the assignee, or his 
legal representatives, all the right and title of the original 
purchaser. 

§ 208. The county clerk is hereby authorized to make index to 
an index to tax sale records in a book, when furnished by 
-5 



sale record. 



50 



ASSESSMENTS. 



the county — which index shall be kept in the county clerk's 
office as a public record, open to the inspection of all per- 
sons during office hours. 



Transcript of 
sale to be sent 
to auditor. 



CERTIFIED COPT OF SALE LISTS TO BE SENT TO AUDITOR. 

§ 209. The county clerk shall, within twenty days after 
any sale for taxes, make out and transmit to the auditor a 
transcript of sales for taxes, which shall be written on fools- 
cap paper, made up and stitched in book form, suitable 
for binding. The clerk shall certify to the correctness of 
said transcript, under the seal of his office. Said list shall 
not include any tracts or lots forfeited to the state at such 
sale. The county clerk, for failure to make out, furnish or 
forward said list, as herein required, shall forfeit and pay 
into the state treasury the sum of five hundred dollars, to 
be recovered in an action of debt, in the name of the 
People of the State of Illinois, in any court in this state 
having competent jurisdiction. 



REDEMPTION. 

Redemption. g 210. Real property sold under the provisions of this 

act may be redeemed at any time before the expiration of 
two years from the date of sale, by payment in legal money 
of the United States, to the county clerk of the proper coun- 
ty, the amount for which the same was sold, and twenty- 
five per cent, thereon if redeemed at any time before the 
expiration of six months from the day of sale; if between 
six and twelve months, fifty per cent. ; if between twelve 
and eighteen months, seventy-five per cent.; and if between 
eighteen months and two years, one hundred per cent, on 
the amount for which the same was sold. The person 
redeeming shall also pay the amount of all taxes and spe- 
cial assessments accruing after such sale, with ten per cent, 
interest thereon, from the day of payment, unless such sub- 
sequent tax or special assessment has been paid by or on 
behalf of the person for whose benefit the redemption is 
made, and not by the purchaser at the tax sale, or his as- 
signee. If the real property of any minor, heir, idiot or 
insane person be sold for non-payment of taxes or special 
assessments, the same may be redeemed at any time after 
sale and before the expiration of one year after such dis- 
ability be removed, upon the terms specified in this sec- 
tion, and the payment of ten per cent, per annum, on double 
the amount for which the same was sold, from and after 
the expiration of two years from the date of sale; which re- 
demption may be made by themselves, or by any person 
in their behalf. Tenants in common or joint tenants shall 
be allowed to redeem their individual interest in real pro- 
perty sold under the provisions of this act, in the same 



ASSESSMENTS. 5l 



manner and under the terms specified in this section for 
the redemption of other real property. Any redemption 
made shall inure to the benefit of the person having the 
legal or equitable title to the property redeemed, subject to 
the right of the person making the same to be re-imbursed 
by the person benefited. 

§211. If any purchaser of real estate, sold for taxes , Ti ™9 of re - 
or special assessment, shall suffer the same to be again sold 
for taxes or special assessment before the expiration of the 
last day of the second annual sale thereafter, such purchaser 
shall not be entitled to a deed for such real property until 
the expiration of a like term from the date of the second 
sale, during which time the land shall be subject to redemp- 
tion upon the terms and conditions prescribed in this act, 
but the person redeeming shall only be required to pay, for 
the use of such first purchaser* the amount paid by him. 
The second purchaser shall be entitled to the redemption 
money, as provided for in the preceding section. 

§ 212. The books and records belonging to the office of Books and re- 
the county clerk, or copies thereof, certified by said clerk, lence. 
shall be deemed prima facie evidence to prove the sale of 
any land or lot for taxes or special assessments, the redemp- 
tion of the same, or payment of taxes or special assessments 
thereon. 

§ 213. "Whenever it shall be made to appear, to the Tracts sold 
satisfaction of the county clerk, that any tract or lot was jLf to tax. su " 
sold which was not subject to be taxed, or upon which taxes 
or special assessments had been paid previous to the sale, 
he shall make an entry opposite to such tracts or lots in the 
sale and redemption record that the same was erroneously 
sold, and such entry shall be prima faoie evidence of the 
fact therein stated. 

§ 214. When the purchaser at such erroneous sale, or Pnrohaser 
any one holding under him, shall have paid any tax or spe- tales pa1d° ver 
cial assessment upon the property so sold, which has not 
been paid by the owner of the property, he shall have the 
right to recover from such owner the amount he has so paid, 
with ten per cent, interest, as money paid for the owner's 
use. 

§ 215. The receipt of the redemption money of any Release of 
tract of land or lot, by any purchaser, or the return of the plfrehas'e. mch 
certificate of purchase for cancellation, shall operate as a re- 
lease of" all the claim to such tract or lot, under or by virtue 
of the purchase. 

TAX DEEDS. 

§ 216. Hereafter, no purchaser or assignee of such pur- Tax deeds, 
chaser of any laud, town or city lot, at any sale of lands or 
lots for taxes or special assessments due, either to the state 
or any county or incorporated town or city within the same 



52 ASSESSMENTS. 



or at any sale for taxes or levies authorized by the laws of 
this state, shall be entitled to a deed for the lands or lots so 
purchased, until the following conditions have been com- 
plied with, to-wit : Such purchaser or assignee shall serve, 
or cause to be served, a written or printed, or partly written 
and partly printed notice of such purchase on every person 
in actual possession or occupancy of such land or lot, and 
also the person in whose name the same was taxed or spe- 
cially assessed, if, upon diligent inquiry, he can be found 
in the county, at least three months before the expiration 
of the time of redemption on such sale, in which notice he 
shall state when he purchased the land or lot, in whose 
name taxed, the description of the land or lot he has pur- 
chased, for what year taxed or specially assessed, and when 
the time of redemption will expire. If no person is in 
actual possession or occupaf cy of such land or lot, and the 
person in whose name the same was taxed or specially as- 
sessed, upon diligent inquiry, cannot be found in the coun- 
ty, then such person or his assignee shall publish such no- 
tice in some newspaper printed in such county, and if no 
: newspaper is printed in the county, then in the nearest 
I newspaper that is published in this state to the county seat 
of the county in which such land or lot is situated; which 
notice shall be inserted three times, the first time not more 
[than five months, and the last time not less than three 
[months before the time of redemption shall expire. 
Purchaser to § 217. Every such purchaser or assignee, by himself or 
mate affidavit. a ^ ea ^ 8 h a ]i 5 before he shall be entitled to a deed, make an 
affidavit of his having complied with the conditions of the 
foregoing section, stating particularly the facts relied on as 
such compliance, which affidavit shall be delivered to the 
person authorized by law to execute such tax deed, and 
which shall by him be filed with the officer having custody 
of the record of the lands and lots sold for taxes and 
entries of redemption in the county where such laDds or 
lots shall lie, to be by such officer entered on the records of 
his office, and carefully preserved among the the files of his 
office, and which record or affidavit shall be prima facie 
evidence that such notice has been given. Any person 
swearing falsely in such affidavit, shall be deemed guilty of 
[perjury and punished accordingly. 
Publication or § 218. In case any person shall be compelled to publish 
such notice in a newspaper, then, before any person who 
fmay have a right to redeem such lands or lots from such 
ssale shall be permitted to redeem, he shall pay the officer 
for person who by law is authorized to receive such redemp- 
tion money, the amount paid for printer's fee for publishing 
Isuch notice, for the use of the person compelled to publish 
isuch notice as aforesaid ; the fee for such publication shall 
Inot exceed one dollar for each tract or lot contained in such 
Inotice. 



ASSESSMENTS. 53 



§ 219. At any time after the expiration of two years Deed after two 
from date of sale of any real estate for taxes or special as- y€ 
sessments, if the same shall not have been redeemed, the 
county clerk, on request, and on the production of the cer- 
tificate of purchase, and upon compliance with the three 
preceding sections, shall execute and deliver to the purcha- 
ser, his heirs or assigns, a deed of conveyance for the real 
estate described in such certificate. 

§ 220. When any person shall hold more than one Tracts inciu- 
certificate of purchase at the same sale, and for the same conveyance!* ° f 
year's tax or special assessments, the clerk shall, on the re- 
quest of the holder of such certificates, include as many 
tracts or lots described therein, in the deed of conveyance, as 
such person may desire, and for which deed the county 
clerk shall have a fee of one dollar -for each certificate em- 
braced therein. 

§ 221. The deed, so made by the county clerk, under Deedtobere- 
the official seal of his office, shall be recorded in the same corded ' 
manner as other conveyances of real estate, and shall vest 
in the grantee, his heirs and assigns, the title of the pro- 
perty therein described. 

§ 222. County clerks shall record the evidence upon Evidence to be 
which deeds are issued, and be entitled to the same fee there- re 
for that may be allowed by law for recording deeds. 

§ 223. The foregoing six sections shall apply to all sales Provisions to 
of real estate for taxes heretofore made, as well as to such ouslaies. pre 
sales for taxes and special assessments hereafter to be made. 

§ 224. Deeds executed by the county clerk as afore- Deeds to be 
said, shall be prima facie evidence, in all controversies and J^ 1 ™* facie eT1 " 
suits in relation to the right of the purchaser, his heirs or 
assigns, to the real estate thereby conveyed, of the following 
facts: 1st. That the real estate conveyed was subject to 
taxation at the time the same was assessed, and had been 
listed and assessed in the time and manner required by law. 
2d. That the taxes or special assessments were not paid at 
any time before the sale. 3d. That the real estate con- 
veyed had not been redeemed from the sale at the date of 
the deed. 4th. That the real estate was advertised for sale 
in the manner and for the length of time required by law. 
5th. That the real estate was sold for taxes or special assess- 
ments, as stated in the deed. 6th. That the grantee in the 
deed was the purchaser or assignee of the purchaser. 7th. 
That the sale was conducted in the manner required by 
law. 

§ 225. Unless the holder of the certificate for real estate Deed to be 
purchased at any tax sale under this act, takes out the deed witbinoneyear. 
as entitled by law, and files the same for record within one 
year from and after the time for redemption expires, the 
said certificate or deed, and the sale on which it is based, 
shall, from and after the expiration of such one year, be ab- 
solutely null. If the holder of such certificate shall be pre- 



54: ASSESSMENTS. 



vented from obtaining such deed by injunction or order of 
any court, or by the refusal of the clerk to execute the same, 
the time he is so prevented shall be excluded from the com- 
putation of such time. Certificates of purchase and deeds 
executed by the county clerk shall recite the qualifications 
required in this section. 

F©RFEITED PROPERTY. 

Record of for- § 226. Each county clerk shall procure, at the expense 

feited property. f foe county, a suitable record book, in which they shall 

keep a record of the real property forfeited to the state under 

the provisions of this act. Such book shall be properly 

ruled and headed, and proper columns provided for the 

several taxes and charges, redemptions and sales thereof. 

Mancerofre- § 227. If any person shall desire to redeem or purchase 

demptioB. an y trac j. Q j. j an( j Qr j ot f j.feited to the state, he shall apply 

to the county clerk, who shall issue his order to the county 
collector, directing him to receive from such person the 
amount due on said tract ©r lot, which shall in no case be 
less than ten per cent, in addition to the tax, special assess- 
ments, interest and printer's fees due thereon, particularly 
describing the property and setting forth the amount due ; 
and upon presentation of said order to the county collector, 
he shall receive said amount and give the person duplicate 
receipts therefor, setting forth a description of the property 
and the amount received : one of which shall be counter- 
signed by the county clerk, and when so countersigned shall 
be evidence of the redemption or sale of the property 
therein described, as the case may be ; but no such receipt 
shall be valid until it is countersigned by the county clerk. 
The other receipt shall be tiled by the county clerk in his 
office ; and said clerk shall make a proper entry of the re- 
demption or sale of the property on the books in his office, 
and charge the amount of the redemption or sale money to 
the county collector. In cases of sales, the collector and 
clerk shall make the receipt in the form of a certificate of 
purchase. Property purchased under this section shall be 
subject to redemption, notice, etc., the same as if sold at 
regular public tax sale. 
cierk to re- § 228. It shall be the duty of the county clerk, annu- 
amount dufthe a %> when he makes return of the amount of taxes levied, 
atate. to report to the auditor the amount due the state on account 

of the redemption and sales of such forfeited property, and 
said auditor shall, charge the same to the collector. If the 
collector who received said redemption or sale money shall 
be succeeded in office, he shall pay the amount in his hands 
over to his successor, who shall pay said amount into the 
state treasury when he settles for the taxes of the current 
year. 



ASSESSMENTS. 55 



§ 229. The amount due on lands and lots previously for- Amount due 
feited to the state, and remaining unpaid on the first day ^ts forfeited. 11 
of November, shall be added to the tax of the current year, 
and the amount thereof shall be reported against the county 
collector with the amount of the taxes for said year ; and 
the amount so charged shall be placed on the tax books, col- 
lected and paid over in like manner as other taxes. The 
county collector is hereby authorized to advertise and sell 
said property in the manner hereinbefore required by this 
act,' as if said property had never been forfeited to the state. 
Said additions and sales shall be continued from year to 
year until the taxes on said property are paid, by sale or 
otherwise. 

§ 230. The county board may at any time institute suit suit for a- 
in an action of debt, in the name of the People of the State fb?tated du %r°(£ 
of Illinois, in any court of competent jurisdiction, for the P ert y- 
amount due on forfeited property. 

FINAL SETTLEMENT OF COUNTY COLLECTOR. 

§ 231. On or before the third Monday in June, annually, Final settle- 
the county collector shall make out and file with the county Collector. coumy 
clerk a statement in writing, setting forth, in detail, the 
name of each person charged with personal property tax 
which he has been unable to collect, by reason of the rerno- 
oval or insolvency of the person charged with such tax, the 
value of the property, and the amount of tax, the cause of 
inability to collect such tax, in each separate case, in a col- 
umn provided in the list for that purpose. Said collector 
shall, at the same time, make out and file with the county 
clerk a similar detailed list of errors in assessment of real 
estate, and errors in footing of tax books, giving in each 
case a description of the property, the valuation and amount 
of several taxes and special assessments, and cause of error. 
The truth of the statements contained in such lists shall be 
verified by affidavit of the county collector. County collec- 
tors, in cases of removals and insolvencies, may give, as 
the cause of inability to collect, the same cause as sworn to 
by the town or district collectors, stating in their return the 
fact that such was the statement made by the town or dis- 
trict collector, and that such tax still remains uncollected, 

§ 232. If any lands or lots shall be forfeited to the state credit for for- 
for taxes or special assessments, the collector shall be enti- feitedlands - 
tied to a credit in his final settlement, for the amount of the 
several taxes and special assessments thereon — the county 
to allow the amount of printers' fees thereon, and be enti- 
tled to said fees so allowed, when collected. 

§ 233. On the third Monday in June, annually, the settlement on 
county board shall settle with and allow the county collec- J^y /n Jun? 011 " 
tor credit for such allowance as he may be legally enti- 
tled to. 



56 



ASSESSMENTS. 



Collector to 
file lists. 



Credits to col- 
lector on valua- 
tion. 



Certificate of 
valuation to au- 
ditor. 



Auditor to al- 
low credits. 



Adjustment 
with county 
clerk. 



§ 234. If there be no session of the county board held at 
the proper time for settling and adjusting the accounts of 
the county collector, it shall be the duty of the collector to 
file the lists with the county clerk, who shall examine said 
lists and correct the same, if necessary, in like manner as 
said board is required to do. Said county clerk shall make 
an accurate computation of the value of the property and 
the amount of the delinquent tax and special assessments 
returned, for which the collector is entitled to credit. 

§ 235. The county clerk shall immediately, in either 
case, certify to the auditor of public accounts the valuation of 
property, and the amount of state taxes due thereon, for 
which the collector may be allowed credit. 

§ 236.. The county clerk shall also, at the same time, 
certify to the several authorities or persons with whom the 
county collector is to make settlement, showing the valua- 
tion of property and amount of taxes and special assessments 
due thereon allowable to said collector in the settlement of 
their several accounts. 

§ 237. The auditor and other proper authorities or per- 
sons shall, in their final settlements with the collector, 
allow him credit for the amount so certified: Provided* 
that if the auditor or such other proper authorities or per- 
sons shall have reason to believe that the amount stated in 
said certificate is not correct, or that the allowance was 
illegally made, he or they shall return the same for correc- 
tion ; and when the same shall appear to be necessary, in 
the opinion of the auditor or such other proper authorities 
or persons, he or they shall designate and appoint some 
competent person to examine the collector's books and set- 
tlement, and the person so designated and appointed shall 
have access to the collector's books and papers, appertaining 
to such collector's office or settlement, for the purpose of 
making such examination. 

§ 238. In all cases when the adjustment is made with 
the county clerk, the county board shall, at the first session 
thereafter, examine such settlement, and if found correct 
shall enter an order to that effect; but if any omission or 
error is found, said board shall cause the same to be corrected, 
and a correct statement of the facts in the case forwarded to 
the auditor and other proper authorities or persons, who 
shall correct and adjust the collector's accounts accordingly. 



PARTIAL SETTLEMENT OF COUNTY COLLECTORS. 



Sworn 
ment of 
received. 



state- 
taxes 



§ 239. On or before the twenty- eighth day of February, 
annually, after he has made settlement with town or district 
collectors, the county collector shall make a sworn state- 
ment, showing the total amounts of each kind of tax re- 
ceived by him from town or district collectors, and the total 



ASSESSMENTS. 57 



amount of each collected by himself — which statement shall 
be filed in the office of the county clerk. 

§ 240. The clerk shall immediately, on the receipt of certificate of 
such statement, certify to the auditor and. to other proper er oau or * 
authorities or persons, the amount for which the collector is 
required to settle with them, severally. 

§ 241. The county collector shall, on or before the fifth collector to 
day of March, following, pay over to the state treasurer the f* 7 ^te 'trea^ 
taxes in his hands, payable to the state treasury, as shown 8urer - 
by such settlement. 

§ 242. The failure of any county collector to obtain Failure of coi- 
judgment shall not prevent him from presenting his state- ] a d t °me'nt? btain 
ment of credits, and making settlement for taxes and special 
assessments in his hands, at the time required by this act; 
but if, from no fault of the collector, he fail to obtain judg- 
ment and sale of delinquent real estate at the time required 
by this act, shall be allowed, in his settlements, a temporary 
credit for the amount of taxes and special assessments in 
such delinquent list, which delinquent taxes and special as- 
sessments shall be accounted for and paid immediately after 
sale is had. 

§ 243. ITe shall, within the same time, pay over to the collector to 
other proper authorities or persons, the amounts so shown tootheifaathor- 
to be in his bauds, and payable to them. ities - 

§ 244. The county collector shall report and pay over collector to 

,i .... ^ j .i ' , j ' .. pay over taxes 

the amount ot tax and special assessments, due to towns, due towns, etc 
districts, cities, villages, corporations and persons, collected 
by him on delinquent property, at least once in every ten 
days, when demanded by the proper authorities or persons, 

§ 215. Any county collector failing to make the reports Failure ta 
and payments hereinbefore required, for five days after the ma e 3par a '' 
time specified for that purpose, or after demand made as 
aforesaid, the auditor or such other authorities or persons, 
may bring suit upon the collectors bond. 

§ 246. If anv county collector fails to account and pay Failure to pay 
over as required in the preceding sections, his omce may 
be declared vacant by the county board, or by any court in 
which suit is brought on his official bond. 



over taxes. 



FINAL SETTLEMENT OF THE COUNTY COLLECTOR FOE STATE 

TAXES. 

§ 247. The county clerk shall make out and deliver to Final sette- 
the county collector, as soon as adjustment is made with the ules. f ° r state 
county board or county clerk, annually, the statements, cer- 
tificates and lists appertaining to the settlement of the ac- 
counts of such collector; which statement, certificates and 
lists shall be made out in proper form, under his seal of office, 
on blanks which it is hereby made the duty of the auditor 
to furnish, annually, tor that purpose. The collector shall 
deliver the same at the office of the auditor, and make a final 
—6 



58 



ASSESSMENTS. 



Clerk to furnish 
statement to au- 
ditor. 



Overpayments. 



Duplicate re- 
ceipts on settle- 
ment. 



settlement of "his accounts, and pay the amount due the state 
into the state treasury on or before the first day of July next 
after receiving the tax books. 

§ 248. The county clerk shall furnish a duplicate copy 
of said statement, duly certified, whenever requested so to 
do by the auditor. If the statement of credits herein re- 
quired, or any of the items therein, are objected to by the 
auditor, he shall return the statement to the county clerk, 
stating his objections, and said clerk shall examine and cor- 
rect or explain the same satisfactorily, and return the state- 
ment to said auditor. 

§ 249. If any collector shall have paid, or may hereafter 
pay, into the state treasury, any greater sum or sums of 
money than are or may be legally and justly due from such 
collector, after deducting abatements and commissions, the 
auditor shall issue his warrant for the amount so overpaid, 
which shall be paid out of the fund or funds so overpaid on 
said warrant. 

§ 250. Upon ascertaining the amount due to the state 
from any collector or other person, the auditor shall give 
such person a statement of the amount to be paid, and upon 
the presentation of such statement to the state treasurer, and 
the payment of the sum stated to be due, the treasurer shall 
give duplicate receipts therefor, one of which shall be filed 
in the auditor's office, and entered in a book to be kept for 
that purpose, and the other shall be countersigned by the 
auditor and delivered to the person making the payment; 
and no payment shall be considered as having been made 
until the treasurer's receipt shall be countersigned by the 
auditor as aforesaid. 

§ 251. Any collector failing to pay into the state trea- 
sury the amount due to the state, on his account for state 
and other taxes, at the time or times required by this act, 
shall pay interest at the rate of ten per cent, per annum 
from the time the same became due under this act until the 
same is paid; and it shall be the duty of the auditor to 
charge such interest to the account of every collector failing 
to pay at the time or times required in this act. In no case 
shall the auditor be permitted to remit such interest unless 
satisfactory evidence from the county board is presented to 
him, showing, by official action taken by such board, lawful 
cause why the collector could not pay over, in part or in 
whole, the amount due on such collector's account with the 
state. 

§ 252. Upon the final settlement of any account with 
the state, the auditor shall give the collector duplicate cer- 
tificates, under his seal of office, setting forth that said col- 
lector has settled and paid into the state treasury the lull 
amount due from him on said account; and it shall be the 
duty of the collector to file one of said certificates in the 
office of the county clerk, on or before the first day of August 



Failure to pay 
into state trea- 
sury. 



Collector 
file auditor's : 
ceipt. 



ASSESSMENTS. 59 



next after receiving the tax books. If any collector shall 
neglect or refuse to file one of said certificates as above re- 
quired, the county clerk shall leave a written notice at the 
office of said collector, requiring him to appear before the 
county court, at the September term thereof, and show cause 
why he has not filed the certificate aforesaid ; and if the 
collector shall not show that he has paid over the full amount 
due from him, and made a final settlement with the state 
and county, or that he has a lawful excuse for failing to do 
so, his office as collector and treasurer shall be declared va- 
cant by said court, and the same filled as 'in other cases of 
vacancy by reason of death or otherwise. 

LIENS OF TAXES. 

§ 253. The taxes assessed upon real property shall be a Hen of taxes 
lien thereon from and including the first day of May, in the onreal P ro P eit y 
year in which they are levied, until the same are paid. 

§ 251. The taxes assessed upon personal property shall L1en of taxes 

, ° . , i /■ i ■ ■ on personal pro- 

be a lien upon the personal property of the person assessed, perty. 

from and after the time the tax books are received by the 

collector. 

§ 255. Personal propertv shall be liable for taxes levied Personal pro- 

i ii i 1 1 i i • i i «• perty liable lor 

on real property, and real property shall be liable tor taxes taxes on real 
levied on personal property ; out the tax on personal pro- property - 
perty shall not be charged against real property, except in 
cases of removals, or where said tax cannot be made out of 
the personal property ; but the tax on real property may be 
made out of personal property, at any time after the tax be- 
comes due, by any collector having the tax books in his 
hands, by distraint and sale, in the manner provided in this 
act : Provided, that judgment against real property, for non- 
payment of taxes thereon, shall not be prevented by show- 
ing that the owner thereof was possessed of personal pro- 
perty subject to distraint; and no person shall be subject 
to have his personal property distrained and sold for tax on 
real estate, which may have been listed and assessed in his 
name, when he makes oath, or otherwise satisfies the col- 
lector, that he did not own such real property on the pre- 
ceding first day of May. 

§ 256. When property is assessed to any person as agent Property a 
for another, or in a representative capacity, such person shall se t0 agent 
have a lieu upon such property, or any property of his prin- 
cipal in his possession, until he is indemnified against the 
paymeut thereof, or, if he has paid the tax, until he is reim- 
bursed for such payment. 

WHO NOT ELIGIBLE AS BONDSMAN. 

§ 257. No judge of the county court, chairman of the whonoteiigi- 
county board, clerk of the circuit court, county clerk, sheriff, ^ ni as bonds " 



60 ASSESSMENTS. 



deputy sheriff or coroner shall be permitted to be a surety 
on the bond of a county, town, district or deputy collector 
or county treasurer. 

LIABILITY ON BONDS. 

Bond of coi- § 258. The bond of every county, town or district collec- 
gctor as secu- iQJ , gj^j ^ Q j^j tQ ^ e securit y f or foe payment by such col- 
lector to the state treasurer, county treasurer, and the seve- 
ral cities, towns and villages, and proper authorities and 
persons, respectively, of all taxes and. special assessments 
which may be collected or received by him on their behalf, 
by virtue of any law in force at the time of giving such 
bond, or that may be passed or take effect thereafter. 
' suit upon bond § 259. Upon the failure of any collector to make settle- 
of the collector. ment w j^ ^ an( jitor, or to pay money iuto the state trea- 
sury, as required by law, it shall be the duty of the auditor 
to sue the collector and his securities upon the bond of such 
collector, and take such proceedings thereon as shall be ne- 
cessary to protect the interests of the state, 
court in which 8 2tj0. When suit is prosecuted by the auditor, it may be 

euit may be . °. , . . , ,. .. ,. . ■' • it _ 

brought. instituted in either division of the supreme court, or in the 

Sangamon county circuit court, or in any court of record in 
this state, having jurisdiction of the amount. 
Proceedings § 261. When suit has been instituted by the auditor, any 

under judgment p ar ty aggrieved may proceed under the judgment obtained, 
by writ of inquiry of damages, as in other cases on bonds, 
cities and § 262. Cities, towns, villages, or corporate authorities 

sec^te soit'. pr °" or persons, aggrieved, may prosecute suit on the bond of 
any collector, for their use, in any court having competent 
jurisdiction, whether the bond has been put in suit or judg- 
ment obtained thereon, by the auditor, or not ; and in case 
of judgment thereon the auditor may, if he shali so elect, 
have a writ of inquiry of damages, tor any amount that 
may be due to the state treasury trom such collector. 
Fees, how to § 263. The state shall pay like fees as are or may be 

be paid. allowed bylaw in suits between individuals; and in all 

cases when the state is plaintiff, it shall advance and pay 
such fees in like manner as individuals are required to ad- 
vance and pay fees ; and when the state becomes the pur- 
chaser of real property sold on execution, for any debt due 
the state, the officer selling such real estate shall be entitled 
to like commissions as he would have been entitled to had 
such property been purchased by an individual — said fees 
and commissions to be paid on the warrant of the auditor, 
out of any money in the treasury appropriated for that pur- 
pose ; and when such fees are collected they shall be paid 
into the state treasury. 



ASSESSMENTS. 61 



SALE OF REAL ESTATE ON EXECUTION IN BEHALF OF THE 
STATE REDEMPTION. 

§ 2P4. "When real estate shall be levied upon to satisfy sale of real 
any judgment in favor of the state, it shall be the duty of ft! aw"?* 11 
the officer making such levy, to transmit by mail, to the au- 
ditor, at least twenty days before the day of sale, a correct 
statement, showing the description and value of said pro- 
perty, in cash ; the truth of said statement shall be attested 
by the oath of said officer. Said officer shall, at the same 
time, furnish the auditor with an abstract of title of the pro- 
perty levied upon, the expense theieof to be charged and 
collected as costs. And the auditor is hereby authorized 
and required to purchase, in his name, for the use of the 
People of the Stare of Illinois, at a price not exceeding two- 
thirds of said value, so much of said property as may be 
required to pay the amount of the judgments aud costs afore- 
said ; and it shall be the duty of the officer making such sale 
to forward to the auditor a certificate of purchase, and make 
his return, as required in other cases of sales on execution. 
Any person desiring to redeem all or part of said property 
from such sale, shall pay the amount ot redemption money 
into the staie treasury, and thereupon the auditor shall in- 
dorse such payment on the back of the certificate of pur- 
chase aforesaid, and deliver it to the person so paying, 
which shall have the same effect as redemptions have in 
other cases; but no real estate purchased as aforesaid shall 
be considered redeemed from such sale until the redemption 
money is paid into the state treasury. Such certificate 
may be recorded in the recorder's office of the county in 
which such real property is situated, aud shall operate as a 
release ot record ot such property. 

5 2b5. All moneys received by any sheriff or other offi- Moneyreova 

3 . ill,-, J i ii ■ -ii on execution. 

cer, on execution, in behalt ot the state, shall be paid by 
such officer to the state treasurer, or to the collector of his 
county, as may be directed by the auditor, within twenty 
days alter demand is made by said auditor. Said demand 
may be made by any person authorized by the auditor. 

$ 2b6. If any real estate, purchased by the state on exe- Redemption of 
cution, shall not be redeemed within the time requned by 
law, it shall be the duty of the auditor to obtain a deed or 
deeds therefor ; which he shall cause to be recorded in a 
book kept for that purpose in his office, and shall take such 
steps as he shall deem necessary to protect the timber or 
fixtures thereon from being lost or destroyed. 



real estate. 



DOUBLE PAYMENT AND ASSESSMENT — REFUNDING. 

§ 267. Whenever the taxes on the same property shall Doubiepayment 
have been paid more than once, for the same year, by 



62 ASSESSMENTS. 



different claimants, the county collector shall make a return 
to the county clerk of all such surplus taxes so received by 
him, together with the names of the several claimants thus 
paying. Certified copies of said return, or of record tnere- 
of, by the county clerk, or of the county clerk's report, 
by the auditor, shall be prima facie, evidence in all courts, 
when the same shall come in question, of the payment of 
tax on the property therein described for the year or years 
therein mentioned. The county clerk shall make a full re- 
cord of all fcuch cases, and transmit a certified copy thereof 
to the auditor, who shall charge such collector with the por- 
tion of such surplus taxes belonging to the state. The town 
or district collectors shall report such cases to the county 
collector, and he to the county clerk. 
Double assess- § 26S. If any real property shall be twice assessed for 
the same year, or assessed before it becomes taxable, and the 
taxes so erroneously assessed shall have been paid, either at 
sale or otherwise, or have been twice paid by different claim- 
ants, the county board, on application of the person paying 
the same, or his agent, and being satisfied of the facts in 
the case, shall cause the state and county taxes to be refunded 
pro rata by the state and county ; and the city and incor- 
porated town or village taxes and special assessments, by 
the city or incorporated town, village or other proper au- 
thorities or persons. If any county, town or district col- 
lector shall receive the taxes or special assessments properly 
due on any real property, and tiie same shall afterwards be 
sold for said taxes or special assessments, he shall refund 
to the purchaser tuereot, if application be made within three 
years from the date of said sale, double the amount of pur- 
chase money and all expenses of advertising said real estate 
under this act, requiring real estate purchased at tax sales 
to be advertised, including costs of deeds. Any collector 
neglecting or refusing to pay as required by this section, 
shall be liable to the county, or person in interest, in an 
action of debt in any court having jurisdiction. 

WHEN RECORDS ARE DESTROYED. 

When records § 269. When assessment rolls or collectors' books in 
are destroyed. w h i e or } n p ar ^ f any county, town, city, incorporated 
village or district, shall be lost or destroyed by any means 
whatever, a new assessment, or new books, as the case may 
require, shall be made under the direction of the county 
board. Said board shall, in such cases, fix reasonable times 
and dates for performing the work of assessment, equali- 
zation, levy, extension and collection of taxes, and paying 
over the same, or making new books, as the circumstances 
of the case may require. All the provisions of this act shall 
apply to the dates fixed by the county board, in the same 
manner that they apply to the dates for similar purposes, 



ASSESSMENTS. 63 



as fixed by this act. The county board is hereby fully em- 
powered to select and appoint persons, where it may find 
the same necessary, to carry into effect the provisions of this 
section. 

OTHER DUTIES OF AUDITOR. 



§ 270. Whenever it shall come to the knowledge of the f oth |!; duties 

"... . , . . , , . . , ° of auditor. 

auditor that any county, township, city, district or town, or 
any well defined locality thereof, or any particular class of 
property therein, has heretofore been or may hereafier be 
released, from any cause whatever, from its just proportion 
of state taxes, said auditor shall cause suit to be commenced 
in an action of debt, in the name of the People of the State 
of Illinois, either against the municipality or against the 
property unjustly released from taxation, or the owners 
thereof, for the amount of such tax, in the supreme court of 
this state, in either division thereof; and when judgment 
may be recovered in any such case, the auditor shall levy a 
rate of tax on the equalized valuation of all property or 
particular class of property in such county, township, city, 
district, town or locality, as the case may be, as will pay the 
state the amount of such judgment and costs; and it shall 
be the duty of the county clerk of the proper county to ex- 
tend such rate of tax with the state tax of the year directed 
in the auditor's certificate. Any county clerk neglecting or 
refusing to extend such rate, as certified to him by the audi- 
tor, shall be removed from his office, and in addition thereto 
shall be subject to a fine of five thousand dollars, and dam- 
ages caused by such neglect or refusal, to be sued for by the 
auditor, in an action of debt, in the name of the People of 
the State of Illinois, in either division of the supreme court 
of this state : Provided, that in cases where the auditor and 
proper local authorities of the proper municipality can ar- 
range to make such levy to reimburse the state in such 
cases, without suit, the auditor is hereby authorized to pur- 
sue such course. 

§ 271. The auditor is authorized to sell, transfer and Auditor auth- 

OriZGQ to SGl 

convey, by deed, any and all real estate that may have been real estate. 
heretofore, or may be hereafter, purchased or taken in pay- 
ment, to satisfy any judgment or any execution in favor of 
the state, by this state or by any officer of this state, for 
the benefit and use of the stare, to any person or persons 
who may pay into the state treasury the full amount paid by 
the state for said property, including costs, and six per cent, 
interest thereon, from the date of said sale to the time of 
such payment: Provided, that the sale of the real estate, in 
part or in whole, may be made at such price, not less than 
the price paid tor such part or whole of the property, as 
the case may be, as the judge of the county court, chairman 
of the county board, and the sheriff' of the county in which 



64: ASSESSMENTS. 



the estate is situated, shall certify the same to be worth ; 
or, if not sold in one year trorn and after the expiration 
of the time of redemption now or hereafter allowed by law, 
said property may, if the auditor thinks the valuation fair, 
be sold by said auditor upon and for any valuation of said 
property which may be appraised and certified by the judge 
of the county court, chairman of the county board and sheriff 
of the county in which such property is situated. 

Abstracts of § 272. On the first day of May in each year, or as soon 
and 1 locate" 63 tnerea ^ er as practicable, the auditor shall obtain from the 
United States land office in this state abstracts of the lands 
entered and located, and not previously obtained, and shall, 
at the same time, obtain from the Illinois Central railroad 
and canal offices abstracts of the Central railroad and canal 
lands sold. Upon the receipt of said abstracts, the auditor 
shall cause tbem to be transcribed into the tract books in 
his office, and shall, without delay, cause abstracts of the 
lands in each county, including school lands reported to 
his office as having been sold, to be made out and forwarded 
by mail to the county clerks of the several counties ; and 
said clerks shall cause such abstracts to be transcribed into 
the tract book, and filed in their office. The expense of 
procuring and furnishing the abstracts required by this sec- 
tion, shall be paid by the auditor out of the appropriation 
for the expenses of his office. 

Forms and in- § 273. It shall be the duty of the auditor to make out 
auditor. 118 fr ° m and forward to each county clerk, from time to time, for the 
use of such clerks and other officers, suitable forms and in- 
structions ; and all such instructions shall be strictly com- 
plied with by the officers in the performance of their 
respective duties. He shall give his opinion and advice 
on all questions of doubt as to the true intent and meaning 
ot the provisions of this act. 

Act to be § 274. The auditor shall, as soon as practicable after the 
printed. passage of this act, cause the same to be correctly piinted 

in pamphlet form, and transmit to each county clerk a suffi- 
cient number of copies thereof for the use of the several 
county, town and district officers; and said clerk shall 
deliver the same to the proper officers. 

swamp and § 275. The county clerks of the several counties shall, 
annually, report to the auditor a list of the swamp and 
overflowed lands sold in their respective counties for the 
year ending on the first day of May, and the auditor shall 
enter the same in the tract books of his office. 



overflo'd lands. 



OMITTED PROPERTY — SAVING CLAUSES. 



omitted pro- § 276. If any real or personal property shall be omitted 

perty " in the assessment of any year or number of years, or the 

tax thereon, for which such property was liable, from any 

cause has not been paid, or if any such property, by reason 



ASSESSMENTS. 



65 



of defective description or assessment thereof, shall fail to 
pay taxes for any year or years, in either case the same, 
when discovered, shall be listed and assessed by the assessor 
and placed on the assessment and tax boohs. The arrear- 
ages of tax which might have been assessed, with ten per 
cent, interest thereon, from the time the same ought to have 
been paid, shall be charged against such property by the 
county clerk. It shall be the duty of county clerks to add 
uncollected personal property tax to the tax of any subse- 
quent year, whenever they may find the person owing such 
uncollected tax assessed for any subsequent year. 

§ 277. If the tax on any property, liable to taxation, is Erroneous pro- 
prevented from being collected for any year or years by rea- 
son of any erroneous proceedings or other cause, the amount 
of such tax which such property should have paid shall be 
added to the tax on such property for the next succeeding 
year. 

§ 278. No such charge for tax and interest for previous charges for 
years, as provided for in the preceding section, shall be made prev,0UB years - 
against any property prior to the date of ownership of the 
person owning such property at the time the liability for 
such omitted tax was first ascertained: Provided, that the 
owner of property, if known, assessed under this and the 
preceding section, shall be notified by the assessor or clerk, 
as the case may require. 

§ 279. When any special assessment is not returned to Returns special 
the county collector on or before the first day of March next 
after it is due, the same may be returned on or before the 
first day of March in the succeeding year ; and, if not then 
returned, it shall be considered barred, unless return is pre- 
vented by an injunction or order of court ; and the time 
such return is thus prevented shall be excluded from the 
computation of such time. 

§ 280. A failure to complete an assessment in the time p ^ a t e ln ass^sm™" 
required by this act shall not vitiate such assessment, but 
the same shall be as legal and valid as if completed in the 
time required by law. 

§ 281. No assessment of real or personal property, or informality in 
charge for taxes thereon, shall be considered illegal on ac- as ' 
count of any informality in making the assessment, or in the 
tax lists, or on account of the assessments not being made 
or completed within the time required by law. 

§ 282. Any failure to deliver the collector's books with- ]iv ^ il " r n e t c ° to d r e 8 " 
in the time required by this act, shall in no way affect the books, 
validity of the assessment and levy of taxes, but in all cases 
of such failure, the assessment and levy of taxes shall be 
held to be as valid and binding as if said books had been de- 
livered at or within the time required by law. 

§ 283. No sale of real estate for taxes shall be considered in T wrong S 
invalid on account of the same having been charged in any 
other name than that of the rightful owner. 
—7 



ASSESSMENTS. 



WHO MAT ADMINISTER OA.THS. 

who may ad- 8 284. Any oath authorized to be administered under 

minister oaths. , • . J . . . 

this act, may be administered by an assessor or deputy asses- 
sor, or by any other officer having authority to administer 
oaths. 

PENALTIES OF OFFICERS. 

Penalties of § 285. If any county clerk shall deliver the tax books 
into the hands of the county collector, or if any collector 
shall receive said books or collect any taxes until such col- 
lector's bond has been approved and filed, as required by 
this act, said clerk and collector, and each of them, shall be 
liable to a penalty of not less than five hundred dollars, and 
all damages and costs, to be recovered in an action of debt ; 
and the auditor shall bring suit therefor, in the name of the 
People of the State of Illinois — the amount recovered on 
such fines to be paid into the state treasury as revenue fund. 
Nothing in this section shall be construed as relieving the 
securities of a collector from liabilities incurred under a bond 
not approved and filed by the auditor. 

§ 286. If any collector shall, by his own neglect, fail to 
obtain judgment at the May term of the county court, or 
shall fail to present his list of delinquencies on personal 
propei ty, or errors in assessment of real estate, at the time 
required by this act, he shall los,e the benefit of any abate- 
ment to which he might have been entitled, and shall pay 
to the state and county the full amount charged against him, 
after deducting the fees allowed by this act for collecting 
and paying over taxes. If the county court is not held at 
the May term, the collector shall have further time to pay 
over the amount due on the delinquent list. 

§ 287. If any officer shall fail or neglect to perform any 
of the duties required of him by this act, upon being re- 
quired so to do by any person interested in the matter, he 
shall be liable to a fine of not less than ten dollars nor more 
than five hundred dollars, to be recovered in an action of 
debt in the circuit court of the proper county, and may be 
removed from office at the discretion of the court ; and any 
officer who shall knowingly violate any of the provisions of 
this act, shall be liable to a fine of not less than ten dollars 
nor more than one thousand dollars, to be recovered in an 
action of debt, in the name of the People of the State of 
Illinoie, in any court having jurisdiction, and may be re- 
moved from office at the discretion of the court, and said 
fines, when recovered, shall be paid into the county trea- 
sury. 

§ 288. Every county clerk, assessor, collector or other 
officer who shall in any case refuse or knowingly neglect to 



ASSESSMENTS. 67 



perform any duty enjoined upon him by this act, or who 
shall consent to or connive at any evasion of its provisions, 
whereby any proceeding required by this act shall be pre- 
vented or hindered, or whereby any property required to 
be listed for taxation shall be unlawfully exempted, or the 
same be entered upon the tax list at less than its fair cash 
value, shall, for every such offense, neglect pr refusal, be 
liable, on the complaint of any person, for double the amount 
of the loss or damage caused thereby, to be recovered in 
an action of debt, in the name of the People of the State 
of Illinois, in any court having jurisdiction, and may be re- 
moved from his office at the discretion of the court. 

COUNTY TO FURNISH BOOKS AND BLANKS. 

§ 289. The county board shall direct the county clerk county to fur- 
to procure all necessary books and blanks required by this £i|n k s. 00ks and 
act to be used in the assessment of property and collection 
of taxes, at the expense of the county. 

COUNTY FUNDS — MANNER OF KEEPING ACCOUNTS THEREOF. 

§ l ; 90. The county collector shall, on the first of every county fund. 
month, report to the county clerk, in writing, the amount of 
county tax received by him during the preceding month, 
showing what amount of said tax was received in money, 
and what amount in county orders and jury certificates. 
The county collector shall keep his account as collector of 
taxes separate from his account as county treasurer. He 
shall credit his account as collector with the amount of his 
monthly reports to the county clerk, and with the amount 
of insolvencies, removals, errors, forfeitures, and other 
credits allowed him on settlement with the county board ; 
and as county treasurer he shall charge himself with the 
amount shown in his monthly report to the county clerk, 
as aforesaid, and such other amounts as may come into his 
hands as county treasurer ; and he shall, as such treasurer, 
at the close of each month, cancel the county orders and 
jury certificates in his hands, and return the same with a 
descriptive list, giving numbers and amounts properly 
footed, to the county clerk, who shall carefully compare and 
file the same in his office, subject to the order of the county 
board, and give the treasurer a receipt for the same ; which 
receipt shall be the evidence upon which the county trea- 
surer shall take credit in his accounts as such treasurer, 
with the county, subject to the approval of the county 
board. The county board shall examine such account and 
vouchers, at such time or times, by committee or otherwise, 
as may be deemed requisite. 

. § 291. Each county clerk shall keep an account with Manner keep- 
the county collector, charging him with the amount of ing accounts - 



68 ASSESSMENTS. 



county tax placed in his hands for collection, and with the 
county tax received by him from sales and redemptions of 
forfeited property, and with any other funds belonging to 
the county, that shall come into the collector's hands ; and 
shall credit him with the amounts ascertained as required 
in the preceding sectioD, charged to the county treasurer's 
account monthly ; also, with amount of county tax on in- 
solvencies, removals, errors, forfeited property, etc., when- 
ever ascertained in the manner required by this act. The 
county clerks shall also keep a treasurer's account with the 
county treasurer of their respective counties. The treasurer 
shall be charged with the amount of money, county orders 
and jury certificates reported in the collector's monthly state- 
ments required to be made in the preceding section, and all 
amounts paid to the county treasurer from other sources 
than the county revenue tax ; and it is hereby made the 
duty of all persons paying money into the county treasury, 
for all purposes except the county taxes, to first obtain from 
the county clerk an order on the treasurer to receive the 
same ; and the treasurer shall give the person so paying 
duplicate receipts therefor, one of which shall be counter- 
signed by the county clerk, and retained by the person 
paying over the amount, and the other filed in the county 
clerk's office, and the amount thereof charged against the 
treasurer. The treasurer's account shall be credited, 
monthly, with the amount of county orders and jury certifi- 
cates canceled and filed in the county clerk's office, as re- 
quired in the preceding section. 



DEFINITIONS. 

Definitions. § 292. The words and phrases following, whenever used 

in this act, shall be construed to include in their meaning 
the definitions set opposite the same in this section, when- 
ever it shall be necessary to the proper construction of 
this act : 

1st. Assessor — Assessors. — Town, district and deputy 
assessors. 

2d. Auditor.— Auditor of public accounts. 

3d. Bank — Banker — Broker — Stock-jobber. — Who- 
ever has money employed in the business of dealing in coin, 
notes or bills of exchange, or in the business of dealing in 
or buying or selling any kind of bills of exchange, checks, 
drafts, bank notes, promissory notes, bonds, or other writing 
obligatory, or stocks of any kind or description whatsoever, 
or receiving money on deposit. 

4th. Collector — Collectors. — County, town, district 
and deputy collectors. 

5th. County Board. — The board of supervisors — the 
board of county commissioners. 



ASSESSMENTS. 69 



6th. Credits. — Every claim or demand for money, la- 
bor, interest, or other valuable thing, due or to become due, 
not including money on deposit. 

7th. He. — Male, female, company, corporation, firm, so- 
ciety, singular or plural number. 

8th. Monet — Moneys. — Gold, silver or other coin, pa- 
per or other currency used in barter and trade as money, 
in actual possession, and every deposit which the person 
owning, holding in trust, or having the beneficial interest 
therein, is entitled to withdraw jji money on demand. 

9th. Number. — The singular number shall include the 
plural, and the plural number shall include the singular. 

10th. Oath. — Oath or affirmation. 

11th. Person — Persons. — Male, female, corporation, 
company, firm, society, singular or plural number. 

12th. Peal Property — Peal Estate — Land — Tract- 
Lot. — -Not only the land itself, whether laid out in town or 
city lots, or otherwise, with all things contained therein, but 
also all buildings, structures and improvements, and other 
permanent fixtures, of whatsoever kind, thereon, and all 
rights and privileges belonging or in anywise pertaining 
thereto, except where the same may be otherwise denomi- 
nated by this act. 

13th. Shares of Stock — Shares of Capital Stock. — 
The shares into which the capital or stock of every incorpo- 
rated company or association may be divided. 

14th. Tax — Taxes. — Any tax, special assessment or 
costs, interest or penalty imposed upon property. 

§ 293. In all counties not under township organization, county court 
the county court, or judge of the county court, as the case tain duties. 
may require, shall perform all the duties required in this 
act to be performed by the county board, or chairman of the 
county board, as the case may be, in such counties, until 
such time as the board of county commissioners shall be duly 
elected and qualified in said counties. 

repealing clause. 

§ 294. The laws and parts of laws entitled as hereinafter Repeai'g clause 
named, are hereby repealed, viz : Chapter 89, Pevised 
Statutes 1845, entitled "Revenue," approved March 3, 1845 ; 
"An act concerning the revenue," approved February 11, 
1845 ; "An act to enable the former and late collectors of 
the revenue in the several counties of this state, to collect 
any taxes remaining due and unpaid," approved February 
10, 1845 ; "An act to save a portion of the revenue from 
being lost," approved March 1, 1845 ; "An act to amend 
the several laws allowing Illinois and Michigan Canal lands 
to be taxed and sold for taxes," approved January 29, 1845; 
"An act in relation to the assessment of taxes in St. Clair 
county," approved January 26, 1847 ; "An act to amend 



70 ASSESSMENTS. 



the present revenue law," approved February 28, 1847 ; 
"An act to amend the eighty-ninth chapter of the revised 
laws, entitled 'Revenue,' " approved February 27, 184:7 ; 
"An act to amend the seventh section of a law concerning 
revenue," approved March 3, 1845, approved February 16, 
1847 ; "An act to amend chapter 89 of the Revised Stat- 
utes," approved February 25, 1847 ; "An act to amend the 
several acts concerning the public revenue," approved Feb- 
ruary 8, 1849; "An act to provide for the collection of the 
revenue on forfeited property," approved February 12, 1849; 
"An act in relation to burying grounds, church yards, and 
lands used by literary institutions," approved March 2, 
1843 ; "An act to exempt the property of colleges and com- 
mon schools from taxation for a limited period," approved 
March 6, 1843 ; "An act to exempt burying grounds from 
taxes, executions and attachments/' approved March 3, 1845, 
so far as said act applies to exemption from taxation ; "An 
act to authorize the auditor of public accounts and county 
courts to refund the taxes on real estate sold in error," ap- 
proved March 7, 1 849 ; "An act to amend the several acts 
concerning the public revenue," approved November 6, 
1849 ; "An act to enable the auditor of public accounts, 
to collect the revenue," approved February 17, 1851 ; Arti- 
cle 18, 19, 20 and 21, and section 2 of article- 25, of "An act 
to provide for township organization," approved February 
17, 1851 ; "An act to provide for the assessment of property 
in the city of Qnincy for state taxes, and for the collec- 
tion ©f taxes therein, for the year 1850, and for subsequent 
years ; and for exempting the city of Quincy from the opera- 
tion of the law authorizing township organization," approved 
February 15, 1851 ; "An act to amend the revenue law," 
approved June 23, 1852 ; "An act declaring certain lands 
exempt from taxation," approved June 23, 1852; "An act 
to amend the revenue laws, and to provide for the collection 
of state taxes in the city of Quincy," approved June 23, 
1852; "An act for the assessment of property, and the col- 
lection of taxes in counties adopting the township organiza- 
tion law," approved February 12, 1853 ; "An act for the 
assessment of property," approved February 12, 1853 ; "An 
act regulating the collection of the revenue in counties adopt- 
ing the township organization law," approved February 23, 
1853 ; "An act regulating the collection of the revenue," 
approved February 12, 1853 ; "An act regulating the assess- 
ment and collection of certain taxes omitted in former assess- 
ments," approved February 12, 1853 ; "An act to amend 
the revenue laws of this state," approved February 12, 1853; 
"An act to repeal part of section thirteen, of an act regu- 
lating the collection of the revenue," approved February 15, 
1855; "An act to amend the assessment and revenue laws," 
approved February 14, 1855 ; "Sections six and seven of an 
act to amend an act to establish a general system of bank- 



ASSESSMENTS. 71 



ing," passed February 15, 1851, and the acts amendatory 
thereof, approved February 14, 1859 ; " An act to amend 
the revenue laws," approved February 21, 1859 ; " An act 
to amend the revenue laws," approved February 21, 1861 ; 
" An act to amend an act entitled 'an act regulating the col- 
lection cf the revenue in counties adopting the township 
organization law,"' approved February 12, 1853, approved 
February 22, 1861 ; " An act to amend the township organi- 
zation laws," approved February 12, 1863; "An act to 
amend the revenue laws, and establish a state board 
for the equalization of assessments," approved March 8, 
1867; "An act compelling the holders of tax certificates 
to take out deeds or lose their claims," approved March 
8, 1867; "An act in regard to publishing the delin- 
•quent tax list," approved March 6, 1867; "An act 
entitled 'an act to extend the powers and jurisdiction 
of collectors of taxes,'" approved March 8, 1867; "An act 
relating to assessments and taxation in school districts," ap- 
proved March 29, 1869'; "An act to amend an act for the 
assessment of property," approved February 12, 1853, ap- 
proved April 8, 1869 ; "An act to amend an act entitled ' an 
act to amend the revenue laws, and to establish a state 
board for the equalization of assessments,' " approved March 
8, 1867, approved March 26, 1869; "An act authorizing 
certain officers therein named to receive national bank notes 
and fractional currency in payment of taxes," approved 
March 4, 1869; "An act to amend the revenue law," ap- 
proved April 17, 1869 ; "An act in relation to the assess- 
ment of the property of railroad companies, for taxation, in 
counties adopting the township organization law," approved 
February 21, 1861 ; "An act to provide for interest on the 
state debt," approved February 22, 1861 ; " An act to re- 
lieve the people of this state from the payment of exorbitant 
and unnecessary taxes," approved February 8, 1861; Ar- 
ticle sixteen of "An act to reduce the act to provide for 
township Organization, and the several acts amendatory 
thereof, into one act, and to amend the same," approved 
February 20, 1861. 

The repeal of said acts and parts of acts shall not be 
construed to impair any right existing, or affect any pro- 
ceeding pending, at the time this act shall take effect ; but 
all proceedings for the assessment of any tax, or collection 
of any tax or special assessment then remaining incomplete, 
may be completed pursuant to the provisions of this act. 
The provisions of this act shall apply to redemptions from 
sales made for taxes or special assessment previous to the 
taking effect hereof, and the mode of giving notice, and 
issuing deeds upon certificates of sales made for taxes. 

Approved March 30, 1872, 



?2 ASSESSMENTS. 



In force July 1,. AN ACT to legalize assessments of property for state, county and town taxes 
1871. of the year 18*70, and to provide for appeals from judgments for such taxes. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all as- 
Defect arising sessments of property for state, county or town taxes, for 
giveBoUce? to tne y ear -&■' D- one thousand eight hundred and seventy, in 
which there is any defect arising from a failure to give, post 
or publish, any notice required by law to be given, posted 
or published by any county or town assessor, or any defect 
arising from a failure to complete or to deliver the collec- 
tor's books within the time required by law, shall be, and 
the same are hereby declared to be as good, valid and effec- 
tual as if such notices had been given, posted, or published, 
and such books completed and delivered in strict conformity 
Appeals from to law : Provided, however, that when judgment for such 
judgment. taxes shall be applied for and obtained, appeals may be 
taken and prosecuted from such judgments, in the manner 
provided for in the revenue laws of this state. 
Approved June 21, 18Y1. 



vise assessment. 



In force July l -AN ACT to secure} equality of assessment in special school districts. 

1872. 

Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That in all 
Directors to re- school districts in this state where provision may have here- 
tofore been made by law for a special assessor to assess the 
property of said districts, the board of directors of said dis- 
tricts shall have the power, upon the completion of the as- 
sessment by said special assessors, in accordance, with the 
laws regulating the assessment of property, to revise the 
said assessments and to hear the complaint of any tax payer 
who may feel himself aggrieved by said assessment, and 
correct and reform any erroneous or illegal assessments so 
found to exist. 

§ 2. Said boards of directors shall give the same notice 
of their meeting to revise said assessments as is now re- 
quired of town assessors in counties under township organi- 
zation, and be governed by the general laws of the state 
touching assessment in all their actions relative thereto. 

Approved February 3, 1872. 



Notice. 



ASSESSMENTS. 



AN ACT to provide for the reassessment and taxation of property where the i n f 0rce Feb. 29, 
records of assessment have been lost or destroyed, and to authorize the re- 1872. 

assessment or abatement of taxes in certain cases. 

Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That in Ne w assess- 
all cases where assessment rolls, or the records of any tax ment - 
levy, in whole or in part, of any .county, town or district, 
Bhall have been or may hereafter be lost or destroyed by any 
means whatever, a new assessment or new books, as the case 
may require — to stand in the place of those lost or de- 
stroyed — shall be made, under direction of the county 
board, and said board is hereby authorized and required to 
take such immediate action as will accomplish the object in- 
tended by this section — subject, however, to all the rules 
and principles laid down in the revenue laws of this state, 
for the assessment, levy and collection of tuxes. Said board 
is hereby fully authorized and required, in such cases, to 
fix reasonable times and dates, such as may be actually ren- Time8 and 
dered necessary for performing the work of assessment, ex- dates - 
tension and collection of taxes, and paying over the same, 
or making new books, as the circumstances of the case may 
require : Provided, however, that this section shall not be 
held to relieve any officer, or his bondsmen, from any of 
the liabilities, requirements and penalties contained in the 
revenue laws ot this state. In case the re-assessment shall i n case not 
be made for the entire county, and shall not be completed completed, 
in time for a statement thereof to be presented to the state 
board of equalization at its regular annual meeting, the 
county clerk, upon the completion thereof, shall certify a 
statement of such re-assessment to the auditor of public ac- 
counts, and upon the receipt of such statement the auditor 
shall give notice thereof to the governor, whose duty it 
shall be to immediately convene the state board of equali- 
zation. Said board, when convened, shall proceed to equal- 
ize said new assessment in the manner provided by law for 
the equalization of taxes by said board. When said board 
shall nave completed its equalization, it shall cause the re- - 
suit thereof to be certified to the auditor, whose duty it 
shall be to certify the same to the county clerk of such 
county. Said clerk shall extend against the equalized valu- 
ation, to be ascertained by him upon the certificate of the 
auditor aforesaid, in the manner provided by law in other 
cases, the rates for state taxes, certified to him for the year 
for which such re-assessment shall be made. In case said 
new assessment shall be made for a part of a county only, 
after the same has been equalized by the state board, it 
shall be the duty of the county board to equalize the same 
with the assessment for the other portions of the county, 
and upon the entire assessment of such county so equal- 
ized, it shall be the duty of the county clerk to extend the 



74: ASSESSMENTS. 



rate of taxation for state purposes the same as if it had been 
equalized by the state board of equalization. But in such 
case the county boards shall not reduce the aggregate val- 
uation below that which may have been certified to the au- 
ditor, and equalized by the state board of equalization. 
Such assessment shall be made by the officers of law who 
may be in office at the time of making the new assessment 
as herein provided for, and such new assessment shall be as 
valid as if such assessment had been made at the time pro- 
connty board vided by law. The county board, upon the return of the 

to levy taxes, assessment made under this act, shall have authority to 
levy the annual taxes for county, town, school, or other pur- 
poses, authorized to be extended against the assessment of 
property, in the same manner and with the like effect as 
though the same were the original assessment for the year 
for which such new assessment shall be made, and the same 
were completed in the time and manner provided by the 
general laws of this state relating to the levying and collec- 
tion of taxes. When the taxes shall be extended as afore- 
said, warrants for the collection thereof shall be issued, re- 
turnable at such time as the county board shall designate, 
and shall be delivered to the proper officers for collection. 
The county board shall also fix the time of applying for 
judgment against the lands upon which taxes shall not be 
previously paid ; and the times fixed by said board, in pur- 
suance hereof, for the doing of any act, shall be deemed and 
taken as the time fixed by law for that purpose. 
Abatement of § 2. Whenever a large part of the taxable property of 

tax- any township, city, town or village in any county of this 

state has been heretofore, or may be hereafter destroyed by 
fire or other casualty, after the annual assessment thereof, 
and before the collection thereof, the county board or au- 
thority levying the same may abate or remit, on the pro- 
perty so destroyed, a portion or all of the tax thereon, in 
their respective districts, except the state tax. 
county courts § 3. In counties not under township organization, the 

to^perform du- coun ty courts of such counties may perform all the duties 
and exercise all the powers of county boards provided tor 
in this act, until county boards shall be elected in such 
counties, as provided for in the constitution of this state. 

Emergency. § 4-. Whereas, by reason of the destruction of the as- 

sessment rolls of Cook county for the state, county and other 
taxes, for the year eighteen hundred and seventy-one, it is 
impossible to collect, any portion of said taxes therein until 
a new assessment shall be made : therefore an emergency 
exists, and this act shall take effect and be in force from and 
after its passage. 

Approved February 29, 1872. 



ASSESSMENTS. 75 



AN ACT to authorize the assessment of property, and the levy and collection £n force April 
of taxes in municipal corporations, and by boards of trustees or commis- 1, 1872. 
sioners, when the assessment roll has been lost or destroyed. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That in all Assessment 
cases where the assessment roll or any part thereof, of any ro l destr °y ed - 
city, town or village, or of any board of trustees or com- 
missioners, having within itself the power and authority to 
levy taxes, shall have been or may hereafter be lost or 
destroyed, a new assessment roll may be made by the 
proper officer or authority of said city, town, village or 
board, and when so made, shall take the place of the one 
so lost or destroyed ; and the property described in the new 
roll shall be valued as of the day it was in the former roll. 

§ 2. The assessor or other officer authorized to make Asge?sor t0 
assessment rolls in said city, town or village, or by such return roll witt- 
board, shall make and return such new roll to the proper 
board or officer within thirty days after he shall have been 
ordered to make the same, by the board authorized to levy 
taxes therein ; and on the return of said roll, the same pro- 
ceedings shall be taken by said board upon and relating 
thereto, and in relation to the confirmation thereof, and the 
levy of taxes thereon, and the collection of the same, as the 
said board did take or might have taken upon and relating 
to said former roll, if the same had not been lost or destroyed. 

§ 3. In all cases where the law authorizing the levy where time is 
and collection of taxes in said city, town or village, or prescribed. 
by any board of trustees or commissioners, prescribes a 
certain time within which any act relating thereto shall be 
done, and the assessment roll shall be lost or destroyed as 
aforesaid, then the same time shall be given anew for the 
doing of said act, as was in the first instance prescribed. 
The date of the order for such new assessment to be sub- 
stituted for the time originally fixed for the making of said 
former assessment. 

§ 4r. The same proceedings shall be had in relation to Delinquent 
the return of delinquent lands and other acts authorized to an s ' 
be done subsequent thereto, in the case aforesaid, as though 
the said former roll had not been lost or destroyed ; and in 
case such return of delinquent lands is required by law to 
be made to some officer other than an officer or board of such 
city, town or village, and is not made in season for such 
proceedings, then such proceedings shall be had the next 
following year. 

| 5. Whereas, by reason of the destruction by fire of Emergency. 
the assessment roll of the village of Winnetka, for the 
year eighteen hundred and seventy one (1871), it is impos- 
sible to collect the taxes, or any part thereof, of said village 



76 



ASSESSMENTS. 



for said year, until a new assessment roll shall be made: 
therefore an emergency exists, and this act shall take effect 
and be in force from and after its passage. 
Ahpboved April 1, 1872. 



Defective as> 
eessments. 



In force April AN ACT to amend an act entitled "An act to legalize assessments of pro- 
9, 1ST2. perty for state, county and town taxes of the year 1870, and to provide for 

appeals from judgments for such taxes," approved June 21, 1871. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented vn the General Assembly, That an act 
entitled "An act to legalize assessments of property tor 
state, county and town taxes for the year 1870, and to pro- 
vide for appeals from judgments for such taxes, approved 
June 21st, 1871, be and the same is hereby amended to 
read as follows : 

" That all assessments and reassessments of property for 
state, county or town taxes, for the years 1870 and 1871, in 
which there is any defect, arising from a failure to give, 
post or publish any notice required by law to be given, 
posted or published by any county or town assessor, or any 
person or persons authorized by law to assess or reassess 
the property of any town, township or county, city or pre- 
cinct, or any defect arising from a failure to complete or 
deliver the collector's books within the time required by 
law, shall be and the same are hereby declared to be as 
good, valid and effectual as if such notices had been given, 
posted or published, and such books completed and deliv- 
ered, in strict conformity to law: Provided, however, that when 
judgment for such taxes shall be applied for and obtained, 
appeals may be taken and prosecuted from such judgments 
in the manner provided for in the revenue laws of this 
state." 

§ 2. Whereas, by reason of defects and omissions in the 
assessments of property for taxes, for the years 1870 and 
1871, made by assessors and other persons authorized by 
law to make such assessments, failing to give the notices 
required by law, by which the collection of taxes for the 
support ot schools and ether purposes is prevented and 
delayed, whereby an emergency has arisen, requiring that 
this act should take effect immediately : therefore, this act 
shall take effect and be in force from and after its passage. 

Approved April 9, 1872. 



Emergency. 



ADMINISTRATION OF ESTATES. 77 



ADMINISTRATION OF ESTATES. 



AN ACT in regard to the administrations of estates. In f orce j u j y i 

1872. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That when Letters testa- 
a will has been duly proved and allowed, the county court men ary * 
shall issue letters testamentary thereon to the executor 
named in such will, if he is legally competent and accepts 
the trust, and gives bonds to discharge the same ; and when 
there is no executor named in such will, or the executor 
named therein dies, refuses to act, or is otherwise disquali- 
fied, the court shall commit the administration of the estate 
unto the widow, surviving husband, next of kin or creditor, 
the same as if the testate had died intestate. In all cases copiea. 
copies of the will shall go out with the letters. 

§ 2. It shall be the duty of any person knowing that wm to be pro- 
he is named or appointed as the executor of the last will el d and record " 
and testament of any person deceased, within thirty days 
next after the decease of the testator, to cause such will to 
be proved and recorded in the proper county ; or to pre- 
sent the will and declare his refusal to accept of the 
executorship ; and every such executor neglecting so to do, 
wirhout just excuse for such delay, shall forfeit the sum of 
twenty dollars per month from and after the expiration of 
said term of thirty days, until he shall cause probate of 
said will to be made, or present the same as aforesaid, to Penalty, 
be recovered by action of debt, for the use of the estate, by 
any person who will sue for the same in any court having 
jurisdiction thereof. 

§ 3 Persons of the age of seventeen years, of sound Minors may be 
mind and memory, may be appointed executors ; but when eutore 1 . 6 
a person appointed executor is, at the time of proving the 
will, under the age of twenty-one years, or of unsound 
mind, or convicted of any crime rendering him infamous, 
administration with the will annexed may be granted 
during his minority or other disability, unless there is an- 
other executor who accepts the trust, in which case the estate 
shall be administered by such other executor until the minor 
arrives at full age or the other disability is removed, when, 
upon giving bond as in other cases, he may be admitted as 
joint executor with the former. When a married woman is 
executrix her husband may give bond with her for her 
faithful performance of the trust as in other cases. 

§ 4 The power of the executor over the testator's Power of exe- 
estate, before probate of the will and obtaining letters 
testamentary, shall extend to the burial of the deceased, the 



78 



ADMINISTRATION OF ESTATES. 



payment of necessary funeral charges, and the taking 
care of the estate ; but in all such cases if the will is re- 
jected when presented for probate, and such executor there- 
by never qualifies, he shall not be liable as an executor of 
his own wrong, unless upon refusal to deliver up the estate 
' waste or mis- to the person authorized to receive the same: Provided, 
that this section shall not be construed to exempt any per- 
son claiming to be executor as aforesaid, for any waste or 
misapplication of such estate. 

§ 5. Where two or more executors are appointed in and 
by the same will, and one or more of them dies, refuses to 
take upon himself the executorship, or is otherwise dis- 
qualified, letters testamentary shall be granted thereon to 
the other person or persons so named, not renouncing as 
aforesaid, and not disqualified. 

§ 6. Every executor or administrator with the will an- 
nexed, shall at the time of proving the will and granting 
letters testamentary, or of administration, take and sub- 
scribe the following oath, to-wit : 



application. 



Failure to act. 



Executor 
take oath. 



Oath. 



Clerk to ad- 
minister. 



To give bond. 



Form of bond. 



I do solemnly swear (or affirm) that this writing contains the true last will 
and testament of the within named A B, deceased, so far as I know or believe ; 
and that I will well and truly execute the same, by paying first the debts and 
then the legacies mentioned therein, as far as his goods and chattels will 
thereunto extend, and the law charge me ; and that I will make a true and 
perfect inventory of all such goods and chattels, rights and credits, as may 
come to my hands or knowledge belonging to the estate of the said deceased, and 
render a fair and just account of my executorship, when thereunto required 
by law, to the best of my knowledge and ability : so help me God. 

Which said oath shall be administered by the clerk of the 
county court, and be attached to and form a part of the pro- 
bate of said will. 

§ 7. All executors hereafter appointed, unless the tes- 
tator shall otherwise direct in the will, and all administra- 
tors with the will annexed, shall, before entering upon their 
duties, enter into bond with good and sufficient security to 
be approved by the county court, in a sum double the value 
of the estate, and payable to the People of the State of 
Illinois, for the use of the parties interested, in the following 
form, to-wit : 

Know all men by these presents, that we, A B, C D and E F, of the county 
of . . . ., and state of Illinois, are held and firmly bound unto the People of 
the State of Illinois, in the penal sum of ... . dollars, current money of the 
United States, which payment, well and truly to be made and performed, we 
and each of us bind ourselves, our heirs, executors and administrators, jointly, 
severally and firmly by these presents. Witness our hands and seals, this. . . . 
day of , A. D. 18.. 

The condition of the above obligation is such, that if the above bounden 
A B, executor of the last will and testament of G H, deceased, (or administrator 
with the will annexed, of G H, deceased, as the case may be,) to make, or 
cause to be made, a true and perfect inventory of all and singular the goods 
and chattels, rights and credits, lands, tenements and hereditaments, and the 
rents and profits issuing out of the same, of the said deceased, which have, or 
ghall come to the hands, possession or knowledge of the said A B, or into the 
possession of any other person for him, and the same so made do exhibit in 
the county court for said county of . . . ., as required by law; and also make 
and render a fair and just account of his actings and doings as such executor, 



ADMINISTBATION OF ESTATES. 79 

(or administrator) to said court, when thereunto lawfully required; and do 
well and truly fulfill the duties enjoined on him in and by the said will; and 
shall, moreover, pay and deliver to the persons entitled thereto, all the legacies 
and bequests contained in said will, so far as the estate of the said testator 
will thereunto extend, according to the value thereof, and as the law shall 
charge him ; and shall, in general, do all other acts which may, from time to 
time, be required of him by law — then this obligation to *be void: otherwise to 
remain in full force and virtue. 

Which said bond shall be signed and sealed by the said Fiiea in office 
executor (or administrator) and his securities, and tiled in ofcount y cleri£ - 
the office of the clerk of the county court and spread upon 
the records. 

§ 8. When any testator leaves visible estate more than security. 
sufficient to pay all his debts, and by will shall direct that 
his executors shall not beobliged to give security, in that 
case no security shall be required, unless the county court 
shall see cause, from its own knowledge, or the suggestions 
of creditors and legatees, to suspect the executors of fraud, 
or that the personal estate will not be sufficient to discharge 
all the debts, in which case such court may require se- 
curity, and the same shall be given before or after letters 
testamentary are granted, notwithstanding any directions to 
the contrary in the will. 

§ 9. Whenever, by the division of any county, or the Removal of 
removal of the executor or administrator to whom letters es 
have been granted, he is by such removal or division be- 
yond the limits of the county in which said letters were 
granted, and in some other county of this state, the county 
court of the county in which the letters were or are granted 
shall proceed and settle the estate in the same manner as if 
no removal or division had occurred. 

| 10. All letters testamentary, to be hereafter issued to Letters testa- 
executors under this act, shall be in the following form, mentary - 
to-wit : 

State of Illinois, ) 
. . . County, j" ss 

The People of the State of Illinois, to all to whom these presents shall come — 
Greeting : 

Know ye that whereas, A B, late of the county of . . . ., and state of Illinois, 
died on or about ... day of . . . ., A. D. 18. ., as it is said, after having duly 
made and published his last will and testament, a copy whereof is hereunto 
annexed, leaving, at the time of his death, property in this state which may be 
lost, destroyed or diminished in value, if speedy care be not taken of the 
same; and inasmuch as it appears that C D has been appointed executor, in 
and by the said last will and testament, to execute the same ; and to the end 
that the said property may be preserved for those who shall appear to have a legal 
right or interest therein, and that said will may be executed according to the 
request of the said testator, we do hereby authorize him, the said C D, as such 
executor, to collect and secure all and singular the goods and chattels, rights 
and credits, which were of said A B, at the time of his decease, in whosesoever 
hands or possession the same may be found in this state; and well and truly 
to perform and fulfill all such duties as may be enjoined upon him by the said 
will, so far as there shall be property, and the law charge him; and in general 
to do and perform all other acts which now are or hereafter may be required of 
him by law. 

Witness : E. F, clerk of the county court of the said county of ... , and 
the seal of said court, this .... day of . . . ., A. D. 18. . 

[l, s.] E F, Clerk. 



80 



ADMIN8TRATION OF ESTATE8. 



ADMINISTRATORS TO COLLECT. 



to collect. 



Letters to be 
granted. 



contest to pro- § 11. During any contest in relation to the probate of 
ate of win. an y w jjj^ testament or codicil, before the same is recorded, 
or until a will which may have once existed, but is de- 
stroyed or concealed, is established, and the substance 
thereof committed to record, with proof thereupon taken, or 
during any contest in regard to the right of executorship, 
or to administer the estate of any person dying either tes- 
tate or intestate, or whenever any other contingency hap- 
pens which is productive of great delay before letters testa- 
mentary or of administration can be issued upon the estate 
of such testator or intestate, to the person or persons having 
legal preference to the same, the county court may appoint 
any person or persons as administrators, to collect and pre- 
serve the estate of any such decedent, until probate of his 
Administrators will, or until administration of his estate is granted, taking 
bond and security for the collection of the estate, making 
an inventory thereof, and safe keeping and delivering up 
the same when thereunto required by the court, to the pro- 
per executor or administrator, whenever they shall be ad- 
mitted and qualified as such. 

§ 12. The form of the letters to be granted to the person 
or persons so appointed to collect and preserve the estate 
of the decedent, as aforesaid, shall be as follows, viz : 

The People of the State of Illinois, to all to whom these presents shall tome — 
Greeting : 

Know ye, that whereas A B, late of the county of . . . ., and state of Illinois, 
deceased, as it is said, had at his ( or her ) decease, personal property within 
this state, the administration whereof cannot be immediately granted to the 
persons by law entitled thereto, but which, if speedy care be not taken, may be 
lost, destroyed or diminished; to the end, therefore, that the same may be pre- 
served for those who shall appear to have a legal right or interest therein, we 
do hereby request and authorize C D, (and E F, if two shall be appointed,) of 
the county of . . . ., and state aforesaid, to collect and secure the said property, 
wheresover the same may be, in this state, whether it be goods, chattels, debts 
or credits, and to make, or cause to be made, a true and perfect inventory 
thereof, and to exhibit the same, with all convenient speed, to the county 
court of the said county of-...., together with a reasonable account of his 
collection, acts and doings in the premises aforesaid. 

Witness: E F, clerk of the county court in and for said county of. . . ., and 
the seal of said court, this .... day of . . . ., 18. . 

[l. s.] E F, Clerk. 

§ 13. Before letters of administration to collect shall be 
granted as aforesaid, the person or persons so appointed 
shall give bond, with good and sufficient security, to be ap- 
proved by the court, in the following form, to-wit: 

Know all men by these presents, that we, C D, E F and J K, of the county 
of . . . ., and state of Illinois, are held and firmly bound unto the People of the 
State of Illinois, iu the penal sum of ... . dollars, current mo*hey of the United 
States, for the payment of which, well and truly to be made and performed, 
we bind ourselves, our heirs, executors and administrators, jointly, severally 
and firmly by these presents. 

Witness our hands and seals, this .... day of . . . ., 18 . . 



Boiod and se- 
curity. 



Form of bond. 



ADMINISTRATION OF ESTATES. 81 

The condition of the above obligation is such that if the above boundan C D 
shall well and honestly discharge the duties appertaining to his appointment 
as administrator, to collect of the estate of A B, late of the county of . . . ., de- 
ceased; shall make, or cause to be made, a true and perfect inventory of all 
such goods, chattels, debts and credits of the said deceased, as shall come to 
his or her possession or knowledge, and the same in due time return to the 
county court of the proper county; and shall also deliver to the person or per- 
eons authorized by the said county court, as executors or administrators, to re- 
ceive the same, all such goods, chattels and personal estate as shall come to 
his or her possession, as aforesaid, and shall, in the general, perform such other 
duties as shall be required of him (or them) by law, then the above obligation 
to be void: otherwise to remain in full force and virtue. 

"Which said bond shall be signed and sealed by such ad- Bondnied. 
ministrator and his securities, and filed with the clerk of the 
county court and spread upon the recorda. 

§ 14. Before any administrator to collect shall enter upon Administrator 
the duties of his appointment, he shall take and subscribe 
the following oath or affirmation, before the clerk of the 
county court, to-wit: 

I do solemnly swear (or affirm) that I will well and honestly discharge the Oath. 
trust reposed in me as administrator, to collect the estate of A B, deceased, 
according to the tenor and effect of the letters granted to me by the county 
court of the said county of . .. ., to the best of my knowledge and ability: 
so help me God. 

"Which said oath shall be in writing, subscribed by the 
party making it, and filed in the office of the clerk of the 
county court before whom the same is taken. 

§ 15. Every collector so appointed shall have the power Power to collect 
to collect the goods, chattels and debts of the said deceased, 
according to the tenor of the said letters, and to secure the 
same at such reasonable and necessary expense as shall be 
allowed by the court; and the said court may authorize 
him, immediately after the inventory and appraisement of 
snch estate, to sell such as are perishable or may depreciate 
by delay, and to account for the same ; and for the whole 
trouble incurred by such collector, the court may allow such 
commission on the amount of the said personal estate as Commission, 
shall be actually collected and delivered to the proper ex- 
ecutor or administrator, as aforesaid, as said court may deem 
just and reasonable : Provided, the same shall not exceed 
six per cent, on the amount stated in such inventory or bill 
of appraisement. 

§ l'i. Every such collector may commence suits for debts 3uits for debts. 
due to the decedent, and release the same on payment 
thereof; and no such suit shall abate by the revocation of 
his letters, but the same may be prosecuted to a final deci- 
sion, in the name of and by the executor or administrator 
to whom letters testamentary or of administration may be 
granted. 

§ 17. On the granting of letters testamentary or of ad- Powers to cease, 
ministration, the power of any such collector, so appointed, 
shall cease, and it shall be his duty to deliver, on demand, 
all property and money of the deceased which shall have 
come to his hands or possession, (saving such commission 



82 ADMINISTRATION OF ESTATES. 

as may be allowed by the court, as aforesaid,) to the person 
or persons obtaining such letters ; and in case any such 
collector shall refuse or neglect to deliver over such pro- 
perty or money to his successor, when legal demand is made 
therefor, such person so neglecting or refusing shall be liable 
to pay twenty per cent, over and above the amount of all 
Forfeit claim 8ucn property or money as comes to his hands by virtue of 

to commission. . . j . r . . J .. , J . . . , ,. , J 

nis administration, and is not paid or delivered over as afore- 
said, and shall forfeit all claim to any commission for col- 
lecting and preserving the estate — which said twenty per 
cent., together with all damages which may be sustained 
by reason of the breach of any bond which may at any 
time be given by any such collector, may be sued for and 
recovered by the person or persons to whom letters testa- 
mentary or of administration may be granted, for the use 
of the estate of such decedent. 



GRANTING LETTERS OF ADMINISTRATION. 

mMstration. ad " § 18- Administration shall be granted to the husband 
upon the goods and chattels of his wife, and to the widow 
or next of kin to the intestate, or some of them, if they will 
accept the same and are not disqualified ; but in all cases 

rZ^Z,! have the widow shall have the preference; and if no widow or 

preference. . t . r '.,.. 

other relative of the intestate applies within sixty days rrom 
the death of the intestate, the county court may grant ad- 
ministration to any creditor who shall apply for the same. 
If no creditor applies within fifteen days next after the 
lapse of sixty days, as aforesaid, administration may be 
granted to any person whom the county court may think 
will best manage the estate. In all cases where the intes- 
tate is a non-resident, or without a widow, next of kin or 
creditors in this state, but leaves property within the state, 
administration shall be granted to the public administrators 
of the proper county : Provided, that no administration shall 
in any case be granted until satisfactory proof be made be- 
fore the county court, to whom application for that purpose 
is made, that the person in whose estate letters of adminis- 
tration are requested is dead, and died intestate: And, pro- 
vided, further, that no non-resident of this state shall be 
appointed administrator, or allowed to act as such. 
Evidence of re- § 19. Letters of administration upon the goods and 
pdor right! n ° chattels, rights and credits of a person dying intestate, shall 
not be granted to any person not entitled to the same, as 
husband, widow, next of kin, creditor or public administra- 
tor, within seventy-five days after the death of the intestate, 
without satisfactory evidence that the persons having the 
preference have relinquished their prior right thereto; but 
if application is made after the expiration of seventy-five 
days, the county court may proceed to grant letters to the 
applicant or any other person, as he may think fit. 



ADMINISTRATION OF ESTATES. 83 

§ 20. Before letters of administration shall hereafter be Affidavit to be 
issued, the person applying for the same, or some other 
credible person, shall make and file an affidavit with the 
proper clerk, setting forth, as near as may be, the date of 
the death of the deceased, the probable amount or value of 
the personal estate, and the names of the heirs and widow, 
or surviving husband, if known. 

§ 21. The form of administration hereafter to be issued f?™.? f „ ad - 

. i . i -n t i n ii • ministration. 

m this state shall, as near as may be, be as iollows, to-wit : 

State of Illinois,/ 
County of j" 

The People of the State of Illinois, to all to whom these presents shall come — 
Greeting: 

Know ye, that whereas, A B, of the county of . . . ., and state of Illinois, 
died intestate, as it is said, on or about the .... day of . . . ., A. D. 18. ., hav- 
ing at the time of his decease, personal property in this state which may be 
lost, destroyed or diminished in value, if speedy care be not taken of the same; 
to the end, therefore, that said property may be collected and preserved for 
those who shall appear to have a legal right or interest therein, we do hereby 
appoint C D, of the county of . . . , and state of Illinois, administrator of all 
and singular the goods and chattels, rights and. credits, which were of the said 
A B at the time of his decease, with full power and authority to secure and 
collect the said property and debts wheresoever the same may be found in this 
state, and in general, to do and perform all other acts which now are or here- 
after may be required of him by law. 

Witness E F, clerk of the county court in and for the said county of . . . ., 
and the seal of said court, this .... day of . . . , A. D. 18 . . 

[l. s.] E F, Clerk. 

And in all cases where letters of administration with the 
will annexed, letters of administration de bonis non, or let- 
ters of administration to any public administrator are issued, 
the same shall be in conformity with the foregoing form, as 
nearly as may be, taking care to make the necessary varia- 
tions, additions or omissions to suit each particular case. 

§ 22. The county court shall, in all cases, upon grant- . Administrator 
mg administration 01 the goods and chattels, rights and oath, 
credits of any person having died intestate, require the 
administrator (public administrators excepted) to take and 
subscribe and file with the clerk of the court an oath, in 
substance following, to-wit : 

I do solemnly swear (or affirm) that I will well and truly administer all and 
singular the goods and chattels, rights, credits and effects of A B, deceased, 
and pay all just claims and charges against his estate, so far as his goods, chat- 
tels and effects shall extend, and the law charge me ; and that I will do and per- 
form all other acts required of me by law, to the best of my knowledge and 
abilities. 

§ 23. Every administrator, except as is hereinbefore in t0 enter f^o 
section eight provided, shall, before entering upon the du- t)ond - 
ties of his office, enter into bond, with good and sufficient 
security, to be approved by the county court, in a sum 
double the value of the estate, and payable to the People of 
the State of Illinois, for the use of parties interested, sub- 
stantially in the following form, to-wit ; 

Know all men by these presents, that we, A B, C D and E F, of the county Form of bond, 
of , and state of Illinois, are held and firmly bound unto the People of the 



84 



ADMINISTRATION OP ESTATES. 



"TOed in office 
of county clerk. 



State of Illinois, in the penal sum of ... . dollars, current money of the United 
States, which payment, well and truly to be made and performed, we and each 
of us bind ourselves, our heirs, executors and administrators, jointly, severally 
and firmly, by these presents. Witness our hands and seals, this .... day 
of ..., 18.. 

The condition of the above obligation is such that if the said A B, adminis- 
trator of all and singular the goods and chattels, rights and credits of J K, de- 
ceased, do make, or cause to be made, a true and perfect inventory of all and 
singular the goods and chattels, rights and credits of the said deceased, which 
shall come to the hands, possession or knowledge of him, the said A B, as ad- 
ministrator, or to the hands of any person or persons for him; and the same bo 
made, do exhibit, or cause to be exhibited, in the county court of the said 
county of .... , agreeably to law ; and such goods and chattels, rights and 
credits, do well and truly administer according to law, and all the rest of the 
said goods and chattels, rights and credits, which shall be found remaining 
upon the account of the said administrator, the same being at first examined 
and allowed by the court, shall deliver and pay unto such person or persons, re- 
spectively, as may be legally entitled thereto; and further, do make a just and 
true account of all his actings and doings therein, when thereunto required by 
the said court; and if it shall appear that any last will and testament was made 
by the deceased, and the same be proved in court, and letters testamentary or 
of administration be obtained thereon, and the said A B do, in such case, on 
being required thereto, render and deliver up the letters of administration, 
granted to him as aforesaid, and shall in general do and perform all other acts 
which may at any time be required of him by law, then this obligation to be 
void: otherwise to remain in full force and virtue. 

Which said bond shall be signed and sealed by the said 
administrator and his securities, attested by the clerk of the 
county court, and filed in his office. And in all cases where 
bonds shall be taken from any administrator de bonis non, 
or in any other case where a form shall not be prescribed in 
this act, the same shall be made, as nearly as may be, in con- 
formity with the form above prescribed, with corresponding 
variations to suit each particular case. 



GENERAL PROVISIONS IN REGARD TO BONDS OP EXECUTORS AND 
ADMINISTRATORS. 

§ 24. When two or more persons are appointed execu- 
tors or administrators of the same estate, the court may take 
a separate bond, with sureties, from each, or a joint bond, 
with sureties, from all. 

suits on bonds. § 25. All bonds which may at any time be given by any 
executor or administrator, either with or without the will 
annexed, or de bonis non, to collect, or public administra- 
tor, may be put in suit and prosecuted against all or any one 
or more of the obligors named therein, in the name of the 
People of the State of Illinois, for the use of any person 
who may have been injured by reason of the neglect or im- 
proper conduct of any such executor or administrator, and 
such bonds shall not become void on the first recovery 
thereon, but may be sued upou, from time to time, until the 

Costs. whole penalty shall be recovered : Provided, that the person 

for whose use the same is prosecuted, shall be liable for all 
costs which may accrue in the prosecution of the same, in 
case the plaintiff's fail in their suit ; and certified copies of 
all such bonds, under the seal of the clerk of the county 



ADMINISTRATION OF ESTATES. 85 

court, shall be received as evidence to authorize such recov- 
ery in any court of law or equity of competent jurisdiction. 

EEVOKING LETTERS AND REQUIRING- NEW BONDS. 

§ 26. County courts shall revoke letters of administra- Revoking iet- 
tion in all cases where the same were granted to any person ter8, 
upon the false and fraudulent pretence of being a creditor 
of the estate upon which administration is granted, or upon 
any other false pretence whatever. 

§ 27. When it appears that such letters were fraudu- judgment for 
lently obtained by such administrator, the court revoking costs -' 
the same shall give judgment against the administrator for 
all costs of suit. 

§ 28. If, at any time after letters of administration have when wm is 
been granted, a will of the deceased shall be produced, and produced, 
probate thereof granted according to law, such letters of ad- 
ministration shall be revoked. 

§ 29. In all cases where a will, testament or codicil shall when win is 
have been proved and letters granted thereon, as aforesaid, set asi e ' 
and such will shall thereafter be set aside by due course of 
law, the letters granted thereen shall be revoked. 

§ 30. The county court may revoke all letters testamen- county court 
tary, or of administration, granted to persons who become may rev0 e ' 
insane, lunatic or of unsound mind, habitual drunkards, are 
convicted of infamous crimes, waste or mismanage the 
estate, or who conduct themselves in such manner as to en- 
danger their co-executors, co-administrators or securities, in 
all which cases the court shall summon the person charged 
to be in default or disqualified, as aforesaid, to show cause 
why such revocation snould not be made. When revoca- 
tion is made, the reason therefor shall be stated at large 
upon the record. 

§ 31. When it shall come to the knowledge of the county Removal of ad- 

liii iiis traitor 

court, by affidavit or otherwise, that any executor or ad- 
ministrator of an estate is about to remove or has removed 
beyond the limits of this state, it shall be the duty of such, 
court to cause a notice to be published in some newspaper 
in the county where letters testamentary or of administra- 
tion were granted, for four weeks successively ; and if no 
newspaper is published in said county, then by posting up a 
notice at the court house door, notifying the said executor 
or administrator to appear before him within thirty days 
after the date of such notice, and make a settlement of his 
accounts as required by law. It the executor or adminis- 
trator neglects or refuses to make such settlement, it shall 
be the duty of said county court to remove him from office. 

§ Bti. When any court grants letters, testamentary or of security, 
administration, of the estate of any person deceased, without 
taking good security as aforesaid, or when any security 
heretofore or hereafter taken becomes insufficient, the court 



ADMINISTRATION OF ESTATES. 



may, on the application of any person entitled to distribu- 
tion, or otherwise interested in such estate, require such 
executor or administrator to give other and sufficient secu- 
rity ; and in default thereof the letters, testamentary or of 
administration, shall be revoked, and administration de bonis 
non granted ; but all acts done according to law by the ex- 
ecutor or administrator so removed prior to such revocation, 
shall be valid. 
Petition of § 33. When a surety for an executor or an aclministra- 

surety. ^^ or j^. g re p resen ^ a ^ vegj ma y conceive himself or them- 

selves in danger of suffering by the mismanagement of such 
executor or administrator, and shall petition the county 
court for relief, in writing, setting forth the cause of such 
apprehension, the said court shall examine such petition, 
and if the court shall deem the causes therein set forth suf- 
ficient to entitle such petitioner or petitioners to relief, if 
true he shall summon such executor or administrator to 
show cause against such petition ; and may dismiss the 
same, or direct such executor or administrator either to give 
good counter security to save such petitioner or petitioners 
harmless, or to give a new bond in the like penalty as the 
first ; and upon refusal or neglect to give such counter secu- 
rity or new bond, the letters granted to such executor or 
administrator may be revoked. 

New bond. § 34. Whenever a new bond is required to be given by 

an executor or administrator under either of the two prece- 
ding sections, the formal part of the bond shall be as here- 
tofore prescribed, with a condition thereto, substantially in 
the following form, to- wit : 



Form of bond. The condition of the above obligation is such, that whereas the above boun- 
den A B, executor of the last will and testament of J K, deceased (or admin- 
istrator of the goods and chattels, rights and credits of J K, deceased), has 
heretofore executed a bond, payable to the People of the State of Illinois, and 
for the discharge of his duties as executor (or'administrator), as aforesaid, 
which said bond bears date on the .... day of . . . ., A. D. 18 . . ; and whereas, 
by an order of the county court, made on the .... day of . . . ., A. D. 18 . ., 
other bond and security has been required of the said executor (or administra- 
tor). Now, therefore, if the said executor (or administrator) shall well and 
truly have kept and performed and shall well and truly keep and perform the 
conditions of the bond first given, as aforesaid, in all respects according to 
law, and shall in all respects have performed, and shall continue to perform, the 
duties of his office, as aforesaid, then this obligation to be void: otherwise to 
remain in full force and virtue. 

Which bond shall be signed, sealed, approved, attested 
and filed in the same manner as other executors' or admin- 
istrators' bonds, and shall have relation back to the time of 
granting letters testamentary or of administration. 
_ . . , . § 35. Whenever any surety on the bond of any execu- 

Surety desiring o n . . J . •> . ,. J r, . 

to be released, tor or administrator desires to be released from further lia- 
bility upon any such bond, he may petition the court in 
which said bond is filed, for that purpose, and upon notice 
being given to the executors or administrators, as the court 
may direct, the court shall compel such executor or admin- 



ADMINISTRATION OF ESTATES. 87 



istrator within a reasonable time, to be fixed by th e court, 
to settle and adjust his accounts, and pay over whatever 
balance may be found in his hands, and file in such court a 
new bond, in such penalty and security as may be approved 
by the court — which being done, the surety may be dis- 
charged from all liability on such bond. 

§ 36. If such executor or administrator shall fail to Executor fan- 
comply with such order within the time fixed by the court, in s t0 c^p 1 ?- 
the court shall order that such executor or administrator be 
removed from his office, and shall appoint some other fit 
person as administrator, with the will annexed, or de bonis 
non, who shall give a bond as required by law. And in 
case of the failure of the former executor or administrator 
to settle his accounts and to pay over to the person so 
appointed all moneys, effects or choses in action in his hands 
by reason of his said office, then such successor shall pro- 
ceed to collect the same by suit against such executor or 
administrator, or by suit upon his bond ; and upon collec- 
tion thereof such surety shall be discharged. 

§ 37. When a sole or surviving executor or administra- Sole or snrviv- 
tor dies without having fully administered the estate, jf m s executor, 
there is personal property not administered, or are debts 
due from the estate, or is anything remaining to be per- 
formed in the execution of the will, the county court shall 
grant letters of administration, with the will annexed, or 
otherwise, as the case may require, to some suitable person, 
to administer the estate of the deceased not already admin- 
istered: Provided, that when there is still a surviving 
executor or administrator, he may proceed to administer the 
estate, unless otherwise provided. 

§ 38. Where the letters of one of several executors or when one is 
administrators is revoked, or one or more of the executors remow ■ 
or administrators die or become disqualified, the court may 
join others in their place, and require additional bonds from 
the new administrator or administrators ; or the survivor or 
survivors, or such as shall not have their powers revoked, 6hall 
proceed to manage the estate. When the letters of all of when an are 
them are revoked, or all of such executors or administrators dis i Qallfied> 
die before final settlement and distribution of the estate, 
administration, with the will annexed, or de bonis tion, 6hall 
be granted to the persons next entitled thereto. 

§ 39. In all cases where any such executor or adminis- Liable on bond. 
tor shall have his letters revoked, he shall be liable on his 
bond to such subsequent administrator, or to any other per- 
son aggrieved, for any mismanagement of the estate com- 
mitted to his care ; and the subsequent administrator may 
have and maintain actions against such former executor 
or administrator for all such goods, chattels, debts and 
credits as shall have come to his possession, and which are 
withheld or have been wasted, embezzled or misapplied, 
and no satisfaction made for the same. 



ADMINISTRATION OF ESTATES. 



RESIGNATION OF EXECUTOR OR ADMINISTRATOR. 

Resignation. § 40. An executor or administrator may, upon his peti- 

tion and upon giving such notice to the legatees, devisees 
or distributors, as the court shall direct, be allowed to resign 
his trust when it appears to the county court to be proper ; 
and upon such resignation the court shall grant letters of 
administration, with the will annexed, or de bonis non, to 
some suitable person, to administer the goods and estate not 
already administered. But no administrator or executor 
shall be discharged till he shall have made full settlement 
with the court and complied with its orders, and shall de- 
liver over to his successor all money, chattels and effects of 
the estate in his hands not paid over according to the orders 
of the court. 

Costgi § 41. The applicant for discharge shall pay all costs in- 

curred thereby, and the court shall render a judgment 
against him for all such costs, which may be collected by 
execution, as in case of other judgments. 

FOREIGN EXECUTORS AND ADMINISTRATORS. 

Foreign execu- § 42. When any person has proved or may prove the 
istr S at a ors. adram " ^ a8t wi ^ aQ d testament of any deceased person, and taken 
on him the execution of said will, or has obtained or may 
obtain administration of the estate of an intestate in any 
state in the United States, or in any territory thereof, such 
person shall be enabled to prosecute suits to enforce claims 
of the estate of the deceased, or to sell lands to pay debts, 
in any court in this state, in the same manner as if letters 
testamentary or of administration had been granted to him 
under the provisions of the laws of this state : Provided^ 
that such persons shall produce a copy of the letters testa- 
mentary or of administration, authenticated in the manner 
prescribed by the laws of congress of the United States for 
authenticating the records of judicial acts in any one state, 
Bond in order to give them validity in other states: And, pro- 

vided, that said executor or administrator shall give a bond 
for costs, as in case of other non-residents. 
Letters granted § 43. Nothing contained in the preceding section shall 
be so construed as to apply to cases where administration 
is obtained upon the estate of any intestate nor where let- 
ters testamentary are granted in this state ; and when, after 
any suit is commenced by any administrator or executor 
under the provisions of the preceding section, and before 
final judgment thereon, administration is had, or execution 
undertaken within this state, under the laws of the same, 
upon the estate of any decedent, upon suggestion of such 
fact, entered of record, the said resident, administrator or 
executor shall, upon motion, be substituted as party to such 



in this state. 



ADMINISTRATION OF ESTATES. 89 

suit ; and thereupon the court shall proceed to hear and de- 
termine the same, as if it had been originally instituted in 
the name of the said resident, executor or ado iuistrator, 
and the benefits of the judgment, order or decree shall 
enure to him, and be assets in his hands. 

PUBLIC ADMINISTRATORS. 

§ 44. The governor of this state, by and with the advice Governor to 
and consent of the senate, shall appoint in each county in app01Ht ' 
this state, where such appointments have not already been 
made, or as often as any vacancies may occur, a suitable 
person, to be known as public administrator of such county. 

§ 45. Every person appointed as a public administrator To take oath, 
shall, before entering upon the duties of his office, take and 
subscribe and file in the office of the clerk of the county 
court, the following oath, to-wit : 

I do solemnly swear (or affirm, as the case may be,) that I will support the 
constitution of the United States, and the constitution of the state of Illinois, 
and that I will faithfully discharge the duties of the office of public administra- 
tor of ... . county, according to the best of my ability. 

§ 46. Whenever any person dies seized or possessed of a < d^ t ^ t e < r urtt0 
any real estate within this state, or having any right or in- 
terest therein, has no relative or creditor within this state 
who will administer upon such deceased person's estate, it 
shall be the duty of the county court, upon application of 
any person interested therein, to commit the administration 
of such estate to the public administrator of the proper 
county. 

§ 47. It shall be the duty of the county judge, upon Judge to take 
granting letters of administration to a public administrator, 
to take bond the same as other administrators ; and if any 
public administrator shall neglect or refuse to take out let- 
ters of administration, and give bond as aforesaid, within 
sixty days after it becomes his duty to do so, his office shall 
be deemed vacant, and upon the certificate of the county 
judge of such fact, the governor shall fill such vacancy, as 
aforesaid. 

§ 48. Whenever administration is granted to any pub- Letters to be 
lie administrator, and it shall afterwards appear that there revoked - 
is a widow or next of kin, or creditor of the deceased, en- 
titled to the preference of administration by this act, it shall 
be the duty of the county court to revoke the letters granted 
to such public administrator, and to grant the same to such 
widow, next of kin or creditor, as is entitled thereto : Pro- 
vided, application is made by such person, within six 
months after letters were granted to the public administra- 
tor ; saving to such administrator, in all cases, all such sums 
of money on account of commissions or expenses as are due 
to, or incurred by him, in the management of said estate. 

—9 



90 



ADMINISTRATION OF ESTATES. 



Balance 
maining. 



§ 49. If any balance of any such intestate estate as may, 
at any time, be committed to any public administrator, shall 
remain in the hands of such administrator, after all just 
debts and charges against such estate, which have come to 
the knowledge of such public administrator within two 
years after the administration of such estate was committed 
to him, are fully paid, such administrator shall cause the 
amount thereof, with the name of the intestate, the time 
and place of his decease, to be published in some newspa- 
per published in his county, or if no newspaper is published 
in his county, then in the nearest newspaper published in 

Notice to claim- this state, for eight weeks successively, notifying all persons 
having claims or demands against such estate to exhibit the 
same, together with the evidence in support thereof, before 
the county court of the proper county, within six months 
after the date of such notice, or that the same will be for- 
ever barred ; and if no such claim is presented for payment 
or distribution within the said time of six months, sueh 

county lnt °trea- balance shall be paid into the treasury of said county ; and 
the county shall be answerable for the same, without inter- 
est, to such persons as shall thereafter appear to be legally 
entitled, on order of the county court, to the same, if any 
such shall ever appear. 

§ 50. Upon the death of any person intestate, not leav- 
ing a widow, or next of kin, or creditor, within this state, 
the public administrator of the county wherein such person 
may have died, or when the decedent is a non-resident, the 
public administrator of the county wherein the goods and 
chattels, rights and credits of such decedent shall be, may 
take such measures as he may deem proper to protect and 
secure the effects of such intestate from waste or embezzle- 
ment, until administration thereon is granted to the person 
entitled thereto — the expenses whereof shall be paid to such 
public administrator, upon the allowance of the county court, 
in preference to all other demands against such estate, 
funeral expenses excepted. 



eury. 



Public admin- 
istrator to pro- 
tect. 



Expenses. 



Inventory. 



INVENTORIES AND APPRAISEMENT. 

§ 51. "Whenever letters testamentary, of administration, 
or of collection are granted, the executor or administrator 
shall make out a full and perfect inventory of all such real 
and personal estate, or the proceeds thereof, as are commit- 
ted to his superintendence and management, and as shall 
come to his hands, possession or knowledge, describing the 
quantity, situation and title of the real estate, and particu- 
larly specifying the nature and amount of all annuities, 
rents, goods, chattels, rights and credits and money on 
hand, and whether the credits are good, doubtful or des- 
perate ; which said inventory shall be returned to the office 



ADMINISTRATION OF ESTATES. 91 

^ i ' 

of clerk of the county court, within three months from the 
date of the letters testamentary or of administration. 

§ 52. If, after making the first inventory, any other real Additional in- 
or personal estate of the deceased comes to his possession ventory - 
or knowledge, he shall file a similar additional inventory 
thereof. 

§ 53. On granting letters testamentary or of administra- warrant of 
tion, a warrant shall issue, under the seal of the county 
court, authorizing three persons of discretion, not related to 
the deceased nor interested in the administration of the es- 
tate, to appraise the goods, chattels and personal estate of 
the deceased, known to them or to be shown by the execu- 
tor or administrator; which warrant shall be in the follow- 
ing form, to-wit : 

The People of the State of Illinois, to A B, CD and E F, of the county of 
, and State of Illinois — Greeting: 

This is to authorize you, jointly, to appraise the goods, chattels and personal Form of war- 
estate of J K, late of the county of , and state of Illinois, deceased, rant. 

so far as the same shall come to your sight and knowledge — each of you having 
first taken the oath (or affirmation) hereto annexed, a certificate whereof 
you are to return, annexed to an appraisement bill of said goods, chattels and 
personal estate by you appraised, in dollars and cents ; and in the said bill of 
appraisement you are to set down, in a column or columns, opposite to each 
article appraised, the value thereof. 

Witness: A B, clerk of the county court of county, and the seal of 

said court, this .... day of , 18 . .. 

[l. S.] A B, Clerk. 

And on the death, refusal to act, or neglect of any such of another tment 
appraiser, another may be appointed in his place. 

§ 54. The appraisers, before they proceed to the ap Appraisers to 
praisement of the estate, shall take and subscribe the follow- 
ing oath (or affirmation), to be annexed or indorsed on the 
said warrant, before any person authorized to administer an 
oath, viz : 

We, and each of us, do solemnly swear (or affirm) that we will well and truly, 
without partiality or prejudice, value and appraise the goods, chattels and per- 
sonal estate of J K, deceased, so far as the same shall come to our sight and 
knowledge; and that we will, in all respects, perform our duties as appraisers 
to the best of our skill and judgment. 

After which the said appraisers shall proceed, as soon as Manner of ap- 
conveniently may be, to the discharge of their duty, and P rai8ement - 
shall set down each article, with the value thereof, in dol- 
lars and cents, as aforesaid. All the valuations shall be 
set down on the right-hand side of the paper, in one or more 
columns, in figures, opposite to the respective articles of 
property, and the contents of each column shall be cast up 
and set at the foot of the respective columns. 

§ 55. When the bill of appraisement is completed, the when mi is 
appraisers shall certify the same under their hands and compee 
seals ; and shall deliver the same into the hands of the ex- 
ecutor or administrator, to be, by him, returned into the 
office of the clerk of the county court, within three months 
from the date of his letters. 



92 ADMINISTRATION OF ESTATES. 

Evidence in § 56. Inventories and bills of appraisement and authen- 
sults " ticated copies thereof, may be given in evidence in any suit 

by or against the executor or administrator, but shall not 
be conclusive for or against him, if any other testimony be 
given that the estate was really worth, or was bona fide sold 
for more or less than the appraised value thereof. 
Personal pro- § 57. Whenever personal property of any kind, or assets, 
pe y ' shall come to the possession or knowledge of any executor 

or administrator, which are not included in the first bill of 
appraisement as aforesaid, the same shall be appraised, and 
return thereof made to the office of the clerk of the county 
court in like manner, within three months after discovery 
of the same. 
Liability of ex- §58. Executors and administrators sh all be chargeable 
with so much of the estate of the decedent, personal or real, 
as they, after due and proper diligence, might or shall re- 
ceive, 
compensation. § 59. Every appraiser appointed under this act shall be 
entitled to the sum of two dollars per day for each day's 
necessary attendance in making all such appraisements, to 
be allowed by the county court, and paid upon its order by 
the executor or administrator. If the administrator or ex- 
. ecutor of an estate discovers, at any time after an inventory 
and appraisement of the property is made, that the personal 
property and assets of the estate do not exceed the amount 
of the widow's allowance, after deducting the necessary ex- 
penses incurred, such administrator or executor shall report 
the facts to the court, and if the court finds the report to be 
true, he shall order said property and assets to be delivered 
to the widow by the administrator or executor, and dis- 
charge the executor or administrator from further duty ; 
but such executor or administrator shall first pay out of the 
property and assets the costs and expenses of administra- 
tion. After the court orders the delivery of such property 
and assets to the widow, the clerk of said court shall make 
and deliver to her a certified copy of the order, under seal, 
which shall vest her with complete title to said property and 
assets, and enable her to sue for and recover the same in her 
own name and for her own use. Such widow shall not be 
liable for any of decedent's debts or liabilities, excepting 
Failure of ex- the funeral expenses of the deceased. If, upon affidavit 
being filed with the clerk of said court, that such adminis- 
trator or executor fails or refuses to report in any case pro- 
vided for in this section, the court may order a citation and 
attachment to issue as in other cases of a failure of adminis- 
trators to report. And on a discovery of new assets, ad- 
ministration may be granted as in other cases, and charged 
to the account of the estate. 



ADMINISTRATION OF ESTATES. 93 



CLAIMS AGAINST ESTATES. 

§ 60. Every administrator or executor shall fix upon a Notice of ad- 
term of the court, within six months from the time of his justmeilt - 
being qualified as such administrator or executor, for the 
adjustment of all claims against such decedent, and give 
notice thereof in some public newspaper published in the 
county, or if no newspaper is published in the county, then 
in the nearest newspaper in this state, and also, by putting 
up a written or printed notice on the door of the court 
house, and in five other of the most public places in the 
county, notifying and requesting all persons having claims 
against such estate to attend at said term of the court for the 
purpose of having the same adjusted, (said notice to be given 
at least six weeks previous to said term,) when and where 
such claimant shall produce his claim, in writing ; and if no 
objection is made to said claim by the executor, adminis- 
trator, widow, heirs, or others interested in said estate, and 
the claimant swears that such claim is just and unpaid, after 
allowing all just credits, the court may allow such claim 
without further evidence, but if objection is made to such 
claim, the same shall not be allowed without other sufficient 
evidence. The court may allow either party further time 
to produce evidence in his favor, and the case shall be tried 
and determined as other suits at law. Either party may 
demand a jury of either six or twelve men, to try the issue, 
and it shall be the duty of county clerk, when a jury is de- 
manded, to issue a venire to the sheriff of the county to 
summons a jury, to be composed of the number demanded. 

§ 61. Whoever has a claim against an estate, and fails Failure to pre- 
to present the same for adjustment at the term of court sent ' 
selected by the executor or administrator, may file a copy 
thereof with the clerk of the court; whereupon, uuless the 
executor or administrator will waive the issuing of process, 
the clerk shall issue a summons, directed to the sheriff of 
the county, requiring such executor or administrator to ap- 
pear and defend such claim at a term of court therein speci- 
fied, which summons, when served, shall be sufficient notice 
to the executor or administrator of the presentation of such 
claim. 

§ 62. If the summons is not served ten days before the summons. 
first day of the term to which it is returnable, the cause 
shall be continued until the next term of the court, unless 
the parties shall, by consent, proceed to trial at the return 
term. 

§ 63. Upon the trial of such cause, the same proceedings Proceedings. 
may be had as if the claim had been presented at the time 
fixed for the adjustment of claims against the estate, but the 
estate shall not be answerable for the costs of such proceed- 
ing : Provided^ that when defense is made the court may, 



94 ADMINISTRATION OF ESTATES. 

if it shall deem just, order the whole or some part of the 
costs occasioned by such defense, to be paid out of the 
estate, 
claimant to § 64. The court may, in its discretion in any case, before 

ma e oa . giving judgment against any executor or administrator, 
require the claimant to make oath that such claim is just 
and unpaid: Provided, that the amount of such judgment 
shall not in such case be increased upon the testimony of 
the claimant, 
judgment and §65. A judgment regularly obtained, or a copy thereof 

writing. 611 s m duly certified and filed with the court, shall be taken as 
duly proven ; and all instruments in writing, signed by the 
testator or intestate, if the hand-writing is proven and 
nothing is shown to the contrary, shall be deemed duly 
proved. 

Debts. § 66. When a claim is filed or suit brought against an 

executor or administrator, and it appears on trial that such 
claimant or plaintiff is indebted to such executor or admin- 
istrator, the court may give judgment therefor, and execu- 
tion may issue thereon in favor of the executor or adminis- 
trator. 

claims not due. § 67. Any creditor, whose debt or claim against the 
estate is not due, may, nevertheless, present the same for 
allowance and. settlement, and shall, thereupon, be consid- 
ered as a creditor under this act, and shall receive a divi- 
dend of the said decedent's estate, after deducting a rebate 
of interest for what he shall receive on such debt, to be 
computed from the time of the allowance thereof to the 
time such debt would have become due, according to the 
tenor and effect of the contract. 
Allowance or § 68. In all cases of the allowance or rejection of claims 

rejection. ^y ^ county court, as provided in this act, either party 

may take an appeal from the decision rendered to the cir- 
cuit court of the same county, in the same time and manner 
appeals are now taken from justices of the peace to the cir- 
cuit courts, by appellant giviug good and sufficient bond 
with security to be approved by the county judge ; and such 
appeals shall be tried de novo in the circuit court. 
Where judge § 69. In all cases or matters pending in the county court, 

is interested. w h ere the judge of that court shall be interested in the same, 
or is a material and necessary witness, the case shall be 
transmitted to the circuit court of the proper county, and 
there determined as in the county court ; and the papers, 
with the order or judgment of the circuit court thereon, 
shall be duly certified and filed in the county court, and 
have the same effect as if determined in the county court. 

classes. § 70. All demands against the estate of auy testator or 

intestate shall be divided into classes, in manner following, 
to-wit : 

First — Funeral expenses. 



ADMINISTRATION OF ESTATES. 95 

Second — The widow's award, if there is a widow; or chil- 
dren, if there are children and no widow. 

Third— Expenses attending the last illness, not including 
physician's bill. 

Fourth — Debts due the common school or township fund. 

Fifth — All expenses of proving the will, and taking out 
letters testamentary or of administration, and settlement of 
• the estate, and the physician's bill in the last illness of the 
deceased. 

Sixth — Where the decedent has received money in trust 
for any purpose, his executor or administrator shall pay 
out of his estate the amount thus received and not ac- 
counted for. 

Seventh — All other debts and demands of whatsoever 
kind, without regard to quality or dignity, which shall be 
exhibited to the court within two years from the granting 
of letters as aforesaid, and all demands not exhibited within 
two years as aforesaid, shall be forever barred, unless the 
creditors shall find other estate of the deceased, not inven- 
toried or accounted for by the executor or administrator, in 
which case their claims shall be paid pro rata out of such 
subsequently discovered estate, saving, however, to femes 
covert, infants, persons of unsound mind, or imprisoned, or 
without the United States in the employment of the Uni- 
ted Slates or of this state, the term of two years after their 
respective disabilities are removed, to exhibit their claims. 

§ 71. All claims against estates, when allowed by the claims to be 
county court, shall be classed and paid by the executor or classed, 
administrator, in the manner provided in this act, com- 
mencing with the first class ; and when the estate is insuf- 
ficient to pay the whole of the demand's, the demands in any 
one class shall be paid, j?ro rata, whether the same are due 
by judgment, writing obligatory, or otherwise, except as 
otherwise provided. 

§ 72. When an executor or administrator has a demand When executor 
against his testator or intestate's estate, he shall file his de- ha8demand - 
mand as other persons ; and the court shall appoint some 
discreet person to appear and defend for the estate, and, 
upon the hearing, the court or jury shall allow such de- 
mand, or such part thereof as is legally established, or reject 
the same, as shall appear just. Should any executor or ad- 
ministrator appeal in such case, the court shall appoint some 
person to defend as aforesaid. 

§ 73. The county court shall make an entry of all de- fil p ? pera t0 be 
mands against estates, classing the same as above provided, 
and file and preserve the papers belonging to the same. If 
an executor or administrator pays a claim before the same 
is allowed as aforesaid, said court shall require such execu- 
tor or administrator to establish the validity of such claim 
by the like evidence as is required in other cases, before the 
same is classed, and be credited therewith. 



96 ADMINISTRATION OF ESTATES. 



AWARD TO WIDOW OR CHILDREN. 

Award to wi- § 74. The widow, residing in this state, of a deceased 
dow " husband whose estate is administered in this state, whether 

her husband died testate or intestate, shall, in all cases, in 
exclusion of debts, claims, charges, legacies and bequests, 
except funeral expenses, be allowed, as her sole and exclu- 
sive property forever, the following, to-wit : 

First — The family pictures and the wearing apparel, 
jewels and ornaments of herself and her minor children. 

Second — School books and family library of the value of 
one hundred dollars. 

Third — One sewing machine. 

Fourth — Necessary beds, bedsteads and bedding for her- 
self and family. 

Fifth — The stoves and pipe used in the family, with the 
necessary cooking utensils ; or, in case they have none, fifty 
dollars in money. 

Sixth — Household and kitchen furniture to the value of 
one hundred dollars. 

Seventh — One milch cow and calf for every four members 
of her family. 

Eighth — Two sheep for each member of her family, and 
the fleeces taken from the same, and one horse, saddle and 
bridle. 

Ninth — Provisions for herself and family for one year. 

Tenth — Food for the stock above specified, for six months. 

Eleventh — Fuel for herself and family for three months. 

Twelfth — One hundred dollars worth of other property 
suited to her condition in life, to be selected by the widow. 

Which shall be known as the widow's award; or the 
widow may, if she elect, take and receive in lieu of the 
foregoing, the same personal property, or money in place 
thereof, as is or may be exempt from execution or attach- 
ment against the head of a family residing with the same. 
Appraisers to 8 75. The appraisers shall make out and certify to the 
county court an estimate ot the value ot each of the several 
items of property allowed to the widow ; and it shall be 
lawful for the widow to elect whether she will take the 
specific articles set apart to her, or take the amount thereof 
out of other personal property at the appraised value thereof, 
or whether she will take the amount thereof in money, or 
she may take a part in property and a part in money, as 
she may prefer ; and in all such cases it shall be the duty 
of the executor or administrator to notify the widow as soon 
as such appraisement shall be made, and to set apart 
to her such article or articles of property, not exceed- 
ing the amount to which she may be entitled, and as she 
may prefer or select, within thirty days after written appli- 
cation shall be made for that purpose by such widow. 



estimate vulae. 



to award. 



ADMINISTRATION OF ESTATES. 97 

And if any such executor or administrator shall neglect or 
refuse to comply with the above requisition, when applica- 
tion shall be made for that purpose, he shall forfeit and pay 
for the use of such widow the sum of twenty dollars per 
month for each month's delay to set apart said property so 
selected, after the said term of thirty days shall have elapsed, 
to be recovered in the name of the People of the State ot 
Illinois, for the use of sucl} widow, in any court having 
jurisdiction of the same. "When there is not property ot 
the estate, of the kinds mentioned in the preceding section, 
the appraisers may award the widow a gross sum in lieu 
thereof, except for family pictures, jewels and ornaments. 

§ 76. The right of a widow to her award shall in no widow's right 
case be affected by her renouncing or failing to renounce " 
the benefit of the provisions made for her in the will of her 
husband, or otherwise. 

§ 77. When the person dying is at the time of his death Allowance to 
a housekeeper, the head of a family, and leaves no widow, chlldren - 
there shall be allowed to the children of the deceased, re- 
siding with him at the time of his death (including all males 
under eighteen years of age, and all females), the same 
amount of property as is allowed to the widow by this act. 

WIDOW OR SURVIVING HUSBAND MAY RENOUNCE WILL. 

§ 78. The widow or surviving husband of a testate may, . May renounce 
at any time within one year from the time at which the will m ymtmgm 
of her or his testate husband or wife was admitted to pro- 
bate, renounce in writing all her or his claim to the legacies 
and bequests made for her or him in such will, in which 
case she or he shall be allowed the same property as if 
the husband or wife had died intestate. 

§ 79. In all cases where a widow or surviving husband where legacies 
shall renounce all benefit under the will, and the legacies and diminished, 
bequests therein contained, to other persons, shall, in con- 
sequence thereof, become diminished or increased in 
amount, quantity or value, it shall be the duty of the court, 
upon settlement of such estate, to abate from or add to 
such legacies and bequests in such manner as to equalize 
the loss sustained or advantage derived thereby, in a 
corresponding ratio to the several amounts of such legacies 
and bequests, according to the amount or intrinsic value of 
each. 

§ 80. If the widow commits waste in the lands and ten- widow nahie 
ements, or the personal estate of the deceased, she shall be 
liable to an action by the heir or devisee, or his or her 
guardian, if of real estate, or by the executor or adminis- 
trator if of personal estate ; and if she marry a subsequent 
husband, he shall be answerable with her, in damages, for 
any waste committed by her or by the husband himself, 
after such marriage. 
—10 



for waste. 



98 



ADMINISTKATION OF ESTATES. 



COLLECTION AND DISPOSITION OF ASSETS. 



Concealed or 
embezl'd goods. 



Refusal to an- 
swer. 



Claims belong- 
ing to estates. 



Proviso. 



§ 81. If any executor or administrator, or other person 
interested in an j estate, shall state upon oath to any county 
court that he believes that any person has in possession, or 
has concealed or embezzled any goods, chattels, moneys or 
effects, books of account, papers, or any evidences of debt 
whatever, or titles to lands, belonging to any deceased per- 
son, the court shall require such person to appear before it 
by citation, and may examine him on oath and hear the 
testimony of such executor or administrator, and other evi- 
dence offered by either party, and make such order in the 
premises as the case may require. 

§ 82. If such person refuses to answer such proper in- 
terrogatories as may be propounded to him, or refuses to 
deliver up such property or effects, or in case the same has 
been converted, the proceeds or value thereof, upon a requi- 
sition being made for that purpose by an order of the said 
court, such court may commit such person to jail until he 
shall comply with the order of the court therein. 

§ 83. Upon suggestion made by an executor or admin- 
istrator, to the county court, that any claim, debt or demand 
whatever belonging to the estate in his hands to be admin- 
istered, and accruing in the lifetime of the decedent, 
is desperate on account of the insolvency or doubtful 
solvency of the person or persons owing the same, or on 
account of the debtor having availed himself of the bank- 
rupt law of the United States, or on account of some legal 
or equitable defense which such person or persons may al- 
lege against the same, or for the cause that the smallness of 
such claim, debt or demand, and the difficulty of finding 
the debtors, owing to the remoteness of their residence, or 
such executor's or administrator's ignorance of the same, 
the said court may order such claim, debt or demand to be 
compounded or sold, or to be filed in the said court for the 
benefit of such of the heirs, devisees or creditors of such 
decedent as will sue for and recover the same, giving the 
creditors the preference, if they or any of them apply for 
the same before the final settlement of such estate : Provi- 
ded, that no order for the sale or compounding of any such 
debts, claims or demands, or any of them, shall be made 
until two weeks' public notice shall have been given, to all 
whom it may concern, of the time and place when the said 
order will be applied for — which notice shall be given by 
the administrator or executor, in a newspaper published in 
the county where such application is to be made, or if *no 
such newspaper is published in such county, then by post- 
ing up such notices in not less than three public places in 
the county, of which one shall be at the office of the clerk 
of the county court — which notice shall be. so posted at least 



ADMINISTRATION OF ESTATES. 99 



two weeks previous to the time of said application. The 
executor or administrator shall report to the said county- 
court, for its approval, the terms upon which he has settled 
or disposed of any such claim, debt or demand. 

§ 84. And if such claim is compounded or sold, such g0 ^ hen claim is 
executor or administrator shaU be chargeable with the avails 
of such compounding, and if the same is taken by any of 
the creditors, heirs or devisees, he or they may maintain an 
action for the recovery thereof, in the name of such execu- 
tor or administrator, for the use hereinafter mentioned ; and 
upon recoveriDg the same, or any part thereof, he or they 
shall be chargeable therewith, after deducting his claim or 
distributive share, with reasonable compensation for collect- 
ing the same ; and upon such suits the executor or adminis- 
trator shall not be liable for costs. 

§ 85. The county court may order claims, debts and de- de f ci^*com 
mands — due at so remote a period as to prevent their col- pounded, 
lection within the time required for the final settlement of 
estates, and the collection or disposition of which is neces- 
sary to the payment of the debts against the estate — to be 
compounded or sold in the same manner and upon like 
conditions as though such claims, debts or demands were 
desperate or doubtful : JProvided, that no such claim, debt 
or demand shall be sold or compounded for less than ten 
per cent, below the value thereof. 

§ 8.6. No executor or administrator shall, without the Removal of 
order of the court, remove any property wherewith he is propei y " 
charged, by ^virtue of his letters, beyond the limits of this 
state. And in case any such executor or administrator shall 
remove such property without such order, the court shall, 
on notice, forthwith revoke his letters and appoint a succes- 
sor, and cause a suit to be instituted on his bond, against 
him and his security, for the use of the person interested in 
the estate ; and if it shall appear, upon the trial of such 
cause, that the executor or administrator has so removed 
such property, judgment shall be rendered against the of- 
fender and his securities for the full value thereof, and such 
other damages as the parties interested may have sustained 
by reason thereof. 

PARTNERSHIP ESTATE. 

§ 87. In case of the death of one partner, the surviving Death of partner 
partner or partners shall proceed to make a full, true and 
complete inventory of the estate of the co-partnership within 
his knowledge ; and shall also make a full, true and com- 
plete list of all the liabilities thereof at the time of the death 
of the deceased partner. He or they shall cause the said 
estate to be appraised in like manner as the individual pro- 
perty of a deceased person. 



100 



ADMINISTRATION OF ESTATES. 



Inventory. 



Surviving part- 
ner in posses- 
sion. 



§ 88. He or they shall return, under oath, such inven- 
tory, list of liabilities and appraisement, within sixty days 
after the death of the co-partner, to the county court of the 
county of which the deceased was a resident or carried on 
the partnership business at the time of his death ; it* the de- 
ceased shall have been a non-resident, then such return 
shall be made to the county court granting administration 
upon the effects of the deceased. Upon neglect or refusal 
to make such return, he shall, after citation, be liable to at- 
tachment. 

§ 89. Such surviving partner or partners shall have the 
right to continue in possession of the effects of the partner- 
ship, pay its debts out of the same, and settle its business, 
but shall proceed thereto without delay, and shall account 
with the executor or administrator, and pay over such bal- 
ances as may, from time to time, be payable to 'him in the 
right of his testator or intestate. Upon the application of 
the executor or administrator, the county court may, when- 
ever it may appear necessary, order such surviving partner 
to render an account to said county court, and in case of 
neglect or refusal may, after citation, compel the rendition 
of such account by attachment. 

§ 90. Upon the committal of waste by the surviving 
partner or partners, the court may, upon proper application, 
under oath, setting forth specifically the facts and circum- 
stances relied on, protect the estate of the deceased part- 
ner, by citing forthwith the surviving partner or partners to 
give security for the faithful settlement of the affairs of the 
co-partnership, and for his accounting for and paying over to 
the executor or administrator of the deceased whatever shall 
be found to be due, after paying partnership debts and costs 
of settlement, within such time as shall be fixed by the court. 
The giving of such security may be enforced by attachment, 
or, upon refusal to give such security, the court may appoint 
a receiver of the partnership property and effects, with like 
costs of pro- powers and duties of receivers in courts of chancery — the 
costs of proceedings under this section to be paid by the 
executor or administrator, out of the estate of the deceased 
or surviving partner, or partly by each, as the court may 
order. 



Waste by sur- 
viving partner. 



ceedings. 



SALE OF PERSONAL PROPERTY. 



Sale of perso- 
nal property. 



§ 91. "When it is necessary for the proper administration 
of the estate, the executor or administrator shall, as soon as 
convenient, after making the inventory and appraisement, 
sell at public sale all the personal property, goods and chat- 
tels of the decedent, when ordered to do so by the county 
court, (not reserved to the widow, or included in specific 
legacies and bequests, when the sale of such legacies and 
bequests is not necessary to pay debts,) upon giving three 



ADMINISTRATION OF ESTATES. 101 



weeks' notice of the time and place of such sale, by at least 
four advertisements, set up in the most public places in the 
county where the sale is to be made, or by inserting an ad- 
vertisement in the nearest newspaper published in this state, 
to the place of such sale, at least four weeks successively, 
previous thereto. The sale may be upon a credit of not lees 
than six nor more than twelve months time, by taking note 
with good security of the purchasers at such sale. The sale 
may be for all cash, or part cash and part on time : Provi- 
ded^ that any part or all of such personal property may, 
where so directed by the court, be sold at private sale. 

§ 92. If any testator directs that his estate shall not be Estate not to 
sold, the same shall be preserved in kind, and distributed be 8old " 
accordingly, unless such sale becomes absolutely necessary 
for the payment of the debts and charges against the estate 
of such testator. 

8 93. If the sale of. the personal property is not neces- Property to be 
sary for the payment of debts or legacies, or the proper dis- 
tribution of the effects of the estate, the court may order 
that the property be preserved and distributed in kind. 

§ 94. If any executor or administrator is of opinion that Disposal of erop 
it would be of advantage to the estate of the decedent to 
dispose of the crop growing, and not devised at the time of 
his decease, the same shall be inventoried, appraised and 
sold, in like manner as other personal property ; but the ex- 
ecutor or administrator may, if he believes it would be of 
more advantage to the estate, cultivate such crop to matu- 
rity, and the proceeds of such crop, after deducting all ne- 
cessary expenses for cultivating, gathering and making sale 
of the same, shall be assets in his hands, and subject to the 
payment of debts and legacies, and to distribution as afore- 
said. 

§ 95. In all public sales of such property, the executor Employment 
or administrator may employ necessary clerks and a crier, c er s ' 
who shall be allowed such compensation, not exceeding 
three dollars per day, as the court may deem reasonable, to 
be paid by such executor or administrator, and charged to 
the estate. All such sales shall be made between the hours Time of sale. 
of ten o'clock in the forenoon and five o'clock in the after- 
noon of each day ; and any sale made before or after the 
time herein limited, shall be voidable at the instance of 
heirs, devisees or creditors prejudiced thereby. 

§96. All executors and administrators shall, imme- Bmof8ales ' 
diately after making such sales, make, or cause to be made, 
a bill of the sales of said estate, under oath, describing par- 
ticularly each article of property sold, to whom sold, and at 
what price ; which sale bill, when thus made and certified 
by the clerk of such sale and the crier thereof, if any such 
was employed, as true and correct, shall be returned into 
the office of the clerk of the county court in the like time as 
is required in cases of inventories and appraisements. 



102 



ADMINISTRATION OF ESTATES. 



SALE OF REAL ESTATE. 



power to sell. § 97. In all cases, where power is given in any will to 
sell and dispose of any real estate, or interest therein, and 
the same is sold and disposed of in the manner and by the 
persons appointed in such will, the sales shall be good and 
valid ; and where one or more executone shall fail or refuse 
to qualify, or depart this life before such sales are made, 
the survivor or survivors shall have the same power and 
their sales shall be as good and valid as if they all joined in 
such sales. 

when personal §98. When the executor or administrator has made a 

dent? 1S lnsuffi " just and true account of the personal estate and debts to the 
county court, and it is ascertained that the personal estate 
of a decedent is insufficient to pay the just claims against 
his estate, and there is real estate to which such decedent 
had claim or title, such real estate, or such portion as may 
be necessary to satisfy the indebtedness of such decedent, 
and the expenses of administration, may be sold in the 
manner herein provided. 

Proceedings. § 99, The mode of commencing the proceedings for the 
sale of real estate in such cases shall be by the filing of a 
petition by the executor or administrator, in the county 
court of the county where letters testamentary or adminis- 
tration were issued. The widow, heirs and devisees of the 
testator or intestate, and the guardians of any such as are 
minors, and the conservators of such as have conservators, 
and the actual occupants of the premises, where the same 
or any part thereof are occupied, shall be made parties de- 
fendants. If there are persons interested in the premises 
whose names are not known, then they shall be made par- 
ties by the name of unknown owners. 

Petition.- § 100. The petition shall set forth the facts and circum- 

stances on which the petition is founded, in which shall be 
stated the amount of claims allowed, with an estimate of 
the amount of just claims to be presented, and it shall also 
contain the amount of personal estate which has come to 
his hands, and the manner in which he has disposed of the 
same, with a statement of the amount of claims paid. The 
petition shall be signed by the executor or administrator, 
and verified by his affidavit, and shall be filed at least ten 
days before the commencement of the term of court at 
which the application shall be made. 

Petition am'ded § 101. Such application shall be docketed as other 
causes, and the petition may be amended, heard or con- 
tinued for notice, or for other cause. The practice in such 
cases shall be the same as in cases in chancery. 

summons. § 102. Upon the filing of the petition, the clerk of the 

court where the same may be filed shall issue a summons, 
directed to the sheriff of the county in which the, defendant 



mons. 



ADMINISTRATION OF ESTATES. 103 

resides, if the defendant is a resident of this state, requiring 
him to appear and answer the petition on the return day of 
the summons; and where there are several defendants, re- 
siding in different counties, a separate summons shall be 
issued to each county, including all the defendants residing 
therein. Every summons shall be made returnable to the 
first term of the county court after the date thereof, unless 
the petition is filed within ten days immediately preceding 
any term, in which case the summons shall be returnable 
to the next term thereafter. 

§ 103. The service of summons shall be made by read- service of sum- 
ing thereof to the defendant, or leaving a copy thereof at 
the usual place of abode, with some member of the family 
of the age of ten years and upwards, and informing such 
person of the contents thereof, which service shall be at 
least ten days before the return of such summons. 

§ 104. Whenever any petitioner or his attorney shall when process 
file, in the office of the clerk of the court in which his peti- ed nnot e serv " 
tion is pending, an affidavit showing that any defendant 
resides or hath gone out of this state, or on due inquiry 
cannot be found, or is concealed within this state, so that 
process cannot be served upon him, and stating the place 
of residence of such defendant, if known ; or that, upon 
diligent inquiry, his place of residence cannot be ascer- 
tained, the clerk shall cause publication to be made in some 
newspaper printed in his county, and if there is no news- 
paper published in his county, then in the nearest newspa- 
per published in this state, containing notice of the filing of 
the petition, the names of the parties thereto, the title of 
the court, and the time and place of the return of summons 
in the case, and a description of the premises described in 
the petition ; and he shall also, within ten days of* the first 
publication of such notice, send a copy thereof by mail, ad- 
dressed to such defendant whose place of residence is stated 
in such affidavit. The certificate of the clerk that he has 
sent such notice in pursuance of this section, shall be evi- 
dence. 

§ 105. The notice required in the preceding section may Notice, 
be given at any time after the filing of the petition, and 
shall be published at least once in each week for four suc- 
cessive weeks, and no default or proceeding shall be taken 
against any defendant not served with summons, and not 
appearing, unless forty days shall intervene between the 
first publication, as aforesaid, and the first day of the term 
at which such default or proceeding is proposed to be taken. 

§ 108. When it appears that any of the persons required Minors defend- 
to be made parties defendant, who have been served with ant ' 
summons or notified as aforesaid, are minors under the age 
of twenty-one years if males, or eighteen years if females, 
without a guardian resident in this state, or are persons 
having conservators, or where such guardian, if any, or 



104 



ADMINISTRATION OF ESTATES. 



Court to 
amine. 



conservator shall not be personally served with summons 
or shall not appear, the court shall appoint a guardian ad 
litem, who shall appear and defend in behalf of such minors, 
and be allowed such compensation as may be fixed by the 
court. 

§ 107. Upon hearing the cause upon the issues formed 
or taken, the court shall hear and examine the allegations 
and proofs of the parties and of all other persons interested 
in the estate who may appear and become parties ; and if, 
upon due examination, the court shall find that the execu- 
tor or administrator has made a just and true account of the 
condition of the estate, and that the personal estate of the 
decedent is not sufficient to pay the debts against such es- 
tate, the court shall ascertain, as nearly as can be, the 
amount of deficiency, and how much of the real estate de- 
scribed in the petition it is necessary to sell to pay such 
deficiency, with the expenses of administration then due or 
to accrue, and make a decree for the sale thereof: Provi- 
ded, that where any houses and lots, or other real estate are 
so situated that a part thereof cannot be sold without mani- 
fest prejudice to the heirs, devisees or owner, the court may 
order the sale of the whole or such part as it may deem 
best; and the overplus arising from such sale shall be dis- 
tributed among the heirs and devisees, owners, or such 
other persons as may be entitled thereto. 

§ 108. All such sales of real estate shall be "made and 
conveyances executed for the same, by the executor or ad- 
ministrator applying for such order, and shall be valid and 
effectual against the heirs and devisees of such decedent, 
and all other persons claiming by, through or under him or 
them. In case of the death of the executor or administra- 
tor applying for an order of sale before conveyance is made, 
the administrator de bonis non shall proceed in the premi- 
ses and make conveyance in the same manner as if he had 
originally applied for such order, which conveyance shall 



Conveyances. 



Lauds or tene- 
ments. 



Penalty. 



be good and valid 

§ 109. No lands or tenements shall be sold by virtue of 
any such order of the county court, unless such sale is at 
public vendue, and between the hours of ten o'clock in the 
forenoon and five o'clock of the afternoon of the same day ; 
nor unless the time and place of holding such sale were 
previously published for the space of four weeks, by putting 
up notices thereof in at least tour of the most public places 
in the county where such real estate shall be sold, and also 
by causing a similar notice thereof to be published four 
successive weeks prior to the sale, in the nearest newspaper 
in this state; nor unless such real estate shall be described 
with common certainty in such notices. And if any execu- 
tor or administrator, so ordered to make sale of any real 
estate, shall sell the same contrary to the provisions of this 
act, he shall forfeit and pay the sum of five hundred dollars, 



ADMINISTRATION OF ESTATES. 105 

to be recovered by action of debt, in the name of the Peo- 
ple of the State of Illinois, for the use of any person inter- 
ested, who may prosecute for the same : Provided, that no 
such offense shall be deemed to affect the validity of such 
sale : And, provided, further, that such executor or admin- 
istrator may sell the same on a credit of not less than six 
nor more than twelve months, by taking note, with good 
personal security and a mortgage or sa|e mortgage on the 
premises for the payment of the purchase money, and after 
sale is made and lands conveyed by the executor or admin- 
istrator under the provisions of this act, the executor or ad- 
ministrator shall, at the first term of court thereafter, file in 
the office of the county clerk a complete report of said sale, 
giving a description of the premises sold, to whom and 
where sold, and the price for which sold, and in general a 
statement of the manner in which the terms of the decree 
were executed. 

§ 110. When real estate is sold, the moneys arising: Moneys re- 

u ' «/ o CG1VGQ 

from such sale shall be received by the executor or admin- 
istrator applying for the order to sell, and shall be assets in 
his hands for the payment of debts, and shall be applied in 
the same manner as assets arising from the sale of personal 
property. 

§ 111. In all cases where a decedent is seized of a Wal T 1 }^ t0 real 
or equitable title to real estate, the payment whereof has 
not been completed, and the estate of such decedent is un- 
able to make complete payment therefor, with advantage to 
such estate, the administrator or executor may sell or dis- 
pose of such real estate upon the order of the county court, 
and the money arising from such sales shall be assets in 
the hands of such executor or administrator, as in other 
cases. But in all cases where the estate of any such dece- 
dent shall be solvent, and such lands as aforesaid may be 
paid for without prejudice to the creditors, heirs and devi- 
sees of the estate, the executor or administrator shall com- 
plete the payment for the same out of the proceeds of the 
personal property, in the name of the heirs or legal repre- 
sentatives of the decedent entitled thereto ; and he shall be 
allowed a credit for the amount of such payments, and all 
reasonable expenses incurred in making the same, upon 
final settlement of such estate : Provided, that the provi- 
sions of this section shall, in nowise, interfere with the pro- 
visions of any last will or testament. 

SETTLEMENT BY ADMINISTRATORS AND EXECUTORS. 

§ 112. All executors and administrators shall exhibit Acconnts rfor 
accounts of their administration for settlement, to the county 
court from which the letters testamentary or of administra- 
tion were obtained, at the first term thereof after the ex- 
piration of one year after the date of their letters; and in 
—11 



settlement. 



106 ADMINISTRATION OF ESTATES. 

like manner every twelve months thereafter, or sooner, if 
required, until the duties of their administration are fully 
completed : Provided, that no final settlement shall be made 
and approved by the court, unless the heirs of the decedent 
have been notified thereof, in such manner as the court 
may direct. 

Assets and debts § 113. Upon every such settlement of the accounts of 
an executor or administrator, the court shall ascertain the 
whole amount of moneys and assets belonging to the es- 
tate of the deceased, which have come into the hands of 
such executor or administrator, and the whole amount of 
debts established against such estate; and if there is not 
sufficient to pay the whole of the debts, the moneys afore- 
said shall be apportioned among the several creditors pro 
rata, according to their several rights, as established by 
this act ; and thereupon, the court shall order such execu- 
tor or administrator to pay the claims which have been al- 
lowed by the court, according to such apportionments ; and 
the court, upon every settlement, shall proceed in like man- 
ner until all the debts due are paid, or the assets exhausted, 
settlements to § 114. The county courts of this state shall enforce the 

be enforced. settlements of estates within the time prescribed by law, 
and upon the failure of an executor or administrator to 
make settlement at the next term of the court after the ex- 
piration of said time, the court shall order a citation to issue 
to the sheriff of the county where the executor or adminis- 
trator resides, or may be found, requiring said executor or 
administrator to appear at the next term of the court and 
make settlement of the estate, or show cause why the same 
is not done; and if an executor or administrator fails to 
appear at the time required by such citation, the court shall 
order an attachment requiring the sheriff of the county 
where the executor or administrator resides, or may be 
found, to bring the body of said executor or administrator 
before the court; and upon a failure of an administrator or 
executor to make settlement under the order of the court 
after having been so attached, he may be dealt with as for 
contempt, and shall be forthwith removed by the court, 
aud some discreet person appointed in his stead — the costs 
of such citation or attachment to be paid by the delinquent 
executor or administrator, and the court shall enter a 

Moneys, bonds, judgment therefor, and a fee bill may issue thereon. All 

notes, etc. moneys, bonds, notes and credits which any administrator 
or executor may have in his possession or control as pro- 
perty or assets of the estate, at a period of two years and 
six months from the date of his letters testamentary or of 
administration, shall bear interest, and the executor or ad- 
ministrator shall be charged interest thereon from said 
period at the rate of ten per cent., or after two years and 
six months from any subsequent time that he may have dis- 



ADMINISTRATION OF ESTATES. 107 

covered and received the same, unless good cause is shown 
to the court why such should not be taxed. 

§ 115. If any executor or administrator shall fail or re- Failure to pay 
fuse to pay over any moneys or dividend to any person en- overmoue y 8 - 
titled thereto, in pursuance of the order of the county court, 
lawfully made, within thirty days after demand made for 
such moneys or dividend, the court, upon application, may 
attach such delinquent executor or administrator, and may 
cause him to be imprisoned until he shall comply with the 
order aforesaid, or until such delinquent is discharged by 
due course of law ; and moreover, such failure or refusal on 
the part of such executor or administrator shall be deemed 
and taken in law to amount to a devastavit, and an action 
upon such executor's or administrator's bond, and against 
his securities, may be forthwith instituted and maintained ; 
and the failure aforesaid to pay such moneys or dividend, 
shall be a sufficient breach to authorize a recovery thereon. 

§ 116. Whenever it shall appear that there are sufficient Payment of 
assets to satisfy all demands against the estate, the court egacies - 
shall order the payment of all legacies mentioned in the 
will of the testator, the specific legacies being the first to be 
satisfied. 

§117. Executors and administrators shall not be com- Bona and secu- 
pelled to pay legatees or distributees until bond and secu- nty by legatee - 
rity is given by such legatees or distributees to refund the 
due proportion of any debt which may afterwards appear 
against the estate, and the coBts attending the recovery 
thereof; such bond shall be made payable to such executor 
or administrator, and shall be for his indemnity and filed in 
the court. 

§ 118. When, at any time after the payment of legacies Refunded for 
or distributive shares, it shall be necessary that the same or debts * 
any part thereof be refunded for the payment of debts, the 
county court, on application made, shall apportion the same 
among the several legatees or distributees according to the 
amount received by them, except the specific legacies, which 
shall not be required to be refunded, unless the residue is 
insufficient to satisfy such debts ; and if any distributee or 
legatee refuses to refund according to the order of the court, 
within sixty days thereafter, and upon demand made, such 
refusal shall be deemed a breach of his bond given to the 
executor or administrator as aforesaid, and an action may be 
instituted thereon for the use of the party entitled thereto ; 
and in all cases where there is no bond, an action of debt 
may be maintained against such distributee or legatee, and 
the order of the court shall be evidence of the amount due. 

§ 119. Where there are two or more executors or admin- Two or more 
istrators of an estate, and any one of them takes all or a ex ecutors. 
greater part of such estate and refuses to pay the debts of 
the decedent, or refuses to account with the other executor 
or administrator, in such case the executor or administrator 



108 



ADMINISTRATION OF ESTATES. 



so aggrieved may have his action of account or suit in equity 
against such delinquent executor or administrator, and re- 
cover such proportionate share of said estate as shall belong 
to him; and every executor, being a residuary legatee, may 
have an action of account or suit in equity against his co- 
executor or co-executors, and recover his part of the estate 
in his or their hands. Any other legatee may have the like 
remedy against the executors : Provided^ that before any 
action shall be commenced for legacies as aforesaid, the 
court shall order them to be paid. 



Executor 
give bond. 



MORTGAGE OF REAL ESTATE BY EXECUTORS. 

Mortgage of § 120. Real estate may be mortgaged in fee or for a term 
real estate. f y earS) or leased by executors : Provided, that the term 
of such lease, or the time of the maturity of the indebted- 
ness secured by such mortgage, shall not be extended be- 
yond the time when the heirs entitled to such estate shall 
attain the age of twenty-one years, if a male, or eighteen 
years, if a female : And, provided, also, that before any 
mortgage or lease shall be made, the executors shall petition 
the county court for an order authorizing such mortgage or 
lease to be. made, and which the court may grant, if the 
interests of the estate may require it : Provided, further, 
to that the executor making application as aforesaid, upon 
obtaining such order, shall enter into bond, with good 
security, faithfully to apply the moneys to be raised upon 
such mortgage or lease, to the payment of the debts of the 
testator ; and all money so raised shall be assets in the hands 
of such executor for the payment of debts, and shall be 
subject to the order of the court in the same manner as 
other assets. 
Foreclosures. § 121. Foreclosures of such mortgages shall only be 
made by petition to the county court of the county in which 
the premises, or a major part thereof, are situated ; and any 
sale made by virtue of any order or decree of foreclosure, 
may, at any time before confirmation, be set aside by the 
court for inadequacy of price or other good cause, and shall 
not be binding upon the executor until confirmed by the 
court. 
Decree. § 12^5. No decree of strict foreclosure shall be made 

upon any such mortgage, but redemption shall be allowed as 
is provided by law in cases of sales under executions issued 
upon common law judgments. 



ACTIONS WHICH SURVIVE. 



Actions. § 123. In addition to the actions which survive by the 

common law, the following shall also survive : Actions of 
replevin, actions to recover damages for an injury to the 
person (except slander and libel), actions to recover dam- 



ADMINISTRATION OF ESTATES. 109 

ages for an injury to real or personal property or for the de- 
tention or conversion of personal property, and actions 
against officers tor misfeasance, malfeasance or nonfeasance 
of themselves or their deputies, and all actions for fraud 
or deceit. 

APPEALS. 

§ 124. Appeals shall be allowed from all judgments, Appeals. 
orders or decrees of the county court in all matters arising 
under this act, to the circuit court, in favor of any person 
who may consider himself aggrieved by any judgment, 
order or decree of such court, and from the circuit court to 
the supreme court, as in other cases, and bonds with 
security to be fixed by the county or circuit court, as the 
case may be. 

§ 125. In all cases when an executor or administrator condition of 
shall take an appeal from the judgment, decree or order of 
any court or justice of the peace to the county, circuit or 
supreme court, or when he may prosecute writs of error or 
certiorari, the appeal, certiorari or supersedeas bond shall 
be conditioned to pay the judgment or decree, with costs, 
in due course of administration; in all other respects such 
bonds shall be in the form prescribed by law in other cases. 

MISCELLANEOUS PROVISIONS. 

§ 126. ~No executor or administrator, or his security, Omission or 
shail be chargeable beyond the' assets of the testator or in- mista e ' 
testate, by reason of any omission or mistake in pleading, 
or by false pleading of such executor or administrator. 

§ 127. All contracts made by the decedent may be per- contracts. 
formed by the executor or administrator when so directed 
by the county court. 

§ 128. The books of account of any deceased person Books of ac- 
shall be subject to the inspection of all persons interested couut * 
therein. 

§ 129. If, after the expiration of two years from the Estate fasoi- 
time administration is granted on an estate, such estate 
is found to be insolvent, it shall be so entered of record 
by the county court and such order made. ISTo action 
shall be maintained against the executor or administra- 
tor of such estate except at the costs of the party suing ; 
but persons entitled thereto shall receive their proportions of 
such estate as herein provided. 

§ 130. Whenever real estate is required to be sold for order to sell, 
the payment of debts, the court may make all necessary 
orders to coerce the executor or administrator to make im- 
mediate application for an order to sell such real estate. 

§ 131. County courts shall have power to enforce due {Observance of 
observance of all orders, decisions, judgments and decrees orders. 
made by them in discharge of their duties under this act ; 



110 



ADMINISTRATION OF ESTATES. 



and the j may issue attachments for contempt offered such 
courts or its process, by any executor, administrator, witness 
or other person ; and may fine and imprison, or either, all such 
offenders, in like manner as the circuit courts may do in 



Sheriff's duties. 



Compensation. 



Terms defined. 



similar cases. 

§ 132. The sheriff shall, when required by the court, 
attend all sessions of said court, either by himself or deputy, 
and shall preserve good order in the court and execute all 
writs of attachment, summonses, subpoenas, citations, notices 
and other processes which may, at any time, be legally 
issued by such court, and make return thereof. And such 
sheriff shall be entitled to the same fees as he is allowed for 
similar services in the circuit court. 

§ 133. Executors and administrators shall be allowed 
as compensation for their services a sum not exceeding six 
per centum on the amount of personal estate, and not ex- 
ceeding three per centum on the money arising from the 
sale of real estate, with such additional allowances, for costs 
and charges in collecting and defending the claims of the 
estate and disposing of the same, as shall be reasonable. 

§ 134. All the provisions in this act relative to an ex- 
ecutor or administrator, shall apply and extend to an exe- 
cutrix or administratrix, or executors or administrators, and 
vice versa, unless otherwise expressly provided for; and 
whenever the singular number or the masculine gender is 
mentioned, the provisions shall apply to two or more, and 
to the feminine gender, as the case may require ; and this 
act shall be liberally construed so that its true intent [and 
meaning may be fully carried out.] 



REPEAL. 

Repeal. § 135. The following acts and parts of acts are hereby 

repealed : Chapter 109 of the Revised Statutes of 1 815, 
entitled "Wills," except sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 
11, 12, 13, 14, 15, 16, 17, 18, 46, 47, 51, 52, 53, 54 and 12S ; 
an act entitled "An act authorizing administrators and ex- 
ecutors from other states to prosecute suits in this state," 
approved March 3d, 1815 ; an act entitled "An act to amend 
an act relative to wills and testaments, executors and ad- 
ministrators, and the settlement of estates," approved Feb- 
ruary 21st, 1845 ; an act entitled " An act further to define 
the duties of probate justices," approved February 19th, 
1847 ; an act entitled " An act to amend an act concerning 
wills," approved February I lth, 1847; an act entitled "An 
act authorizing the resignation of certain officers," approved 
February 10th, 1S49 ; an act entitled "An act to amend 
the laws in relation to the settlement of estates," approved 
February 17th, 1851; an act entitled "An act respecting 
executors, administrators, guardians and their securities," 
approved February 12th, 1853; an act entitled "An act to 



AGRICULTURE. Ill 



regulate appeals in certain cases," approved February 8th, 
1853 ; an act entitled " An act conferring additional power 
upon administrators de bonis non, and for other purposes," 
approved February 14th, 1855 ; an act entitled "An act to 
provide for the manner of selling real estate of deceased 
persons for the payment of debts," approved February ISth, 
1857", sections nine, ten and twelve of an act entitled " An 
act to reform the probate system," approved February 2 1st, 
1859 ; an act entitled " An act amending section four of the 
act' entitled 'Wills,'" approved February 24th, 1859; an 
act entitled "An act to amend chapter 110, Revised Stat- 
utes, entitled 'Wills,'" approved March 7th, 1867; an act 
entitled "An act to amend section 134 of chapter 109 of 
the Revised Statutes of 1845," approved April 8th, 1869 ; 
an act entitled " An act to facilitate the settlement of part- 
nership interest of deceased persons' estates," approved 
March 26th, 1869 ; an act entitled "An act to amend chap- 
ter 109 of the Revised Statutes entitled ' Wills,' " approved 
March 31st, 1869, and all other acts and parts of acts incon- 
sistent with the provisions of this act : Provided, that this 
section shall not affect any suits that may be pending or 
any rights that have accrued when this act shall take effect. 
Approved April 1, 1872. 



AGRICULTURE. 



AN ACT to amend "A general act of incorporation of agricultural and horti- i n f orce Feb. 29 
cultural societies and associations for improving the breeds of domestic an- 1872. 

imals," approved February 18, 1855. 

Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That General act 
sections three and nine of "A general act of incorporation amended - 
of agricultural and horticultural societies and associations 
for improving the breeds of domestic animals, " approved 
February fifteenth, eighteen hundred and fifty-five, be and 
the same are hereby amended so as to read as follows : 

"Section 3. The secretary pro tempore of said meeting 
shall keep a correct minute of the proceedings of said meet- 
ing, which being certified by said secretary and the presi- 
dent pro tempore of said meeting, shall, within five days 
after said meeting, be filed for record in the recorder's office 
of the county within which said meeting is by this act 
authorized to be held ; and it is hereby made the duty of the 
recorder to record said minutes and certificate in some book 



112 



AGRICULTURE. 



kept for recording deeds. A copy of the constitution of said 
society or association shall also be filed in said office, where 
the same shall be preserved for the inspection of the public. 
Whenever such constitution shall be altered or amended by 
such society or association, a copy of the altered or amen- 
ded constitution shall also be filed in said office, to be there 
preserved in like manner. The recording officer, for record- 
ing and also for filing the documents by this act required 
to be respectively filed and recorded, shall be allowed the 
same fee as is now allowed by law for similar services ; 
which fee shall be paid by the society or association. On 
filing in said office a certified copy of the proceedings of 
said meeting, and also a copy of the constitution of said so- 
ciety or association, in pursuance of this act (the previous 
steps herein required having been properly taken), the per- 
sons whose names are then subscribed to the constitution of 
said society or association, together with all others who after 
that time may become members of the same, shall become 
a body corporate and politic, by the name assumed and set 
forth in their said constitution, With perpetual succession ; 
and by that name may have and use a common seal, may 
sue and be sued, 'answer and be answered in all the courts 
of this state, whether of law or equity ; may sue for and 
collect all voluntary subscriptions or donations ; and by that 
name may acquire and hold real estate, not exceeding in 
quantity five hundred acres ; and may construct and erect 
all necessary improvements and buildings thereon for agri- 
cultural and horticultural experiments, and for rearing do- 
mestic animals, and for improving the breeds of the same, 
and for taming, improving and breeding of such animals as 
are commonly found wild ; and for such purposes said so- 
ciety or association may have and employ capital, apparatus, 
implements, machinery and live stock, altogether not ex- 
ceeding in value fifty thousand dollars." 

'■''Section y. Until the whole capital stock of the society 
or association, including money, implements, apparatus, 
machinery, live stock and property of every description, 
whether real, personal or mixed, shall amount to one thou- 
sand dollars, the profits, if any there be, arising from the 
operating or experiments of the society or association, shall 
not be divided among the stockholders, but shall accumu- 
late as capital stock until the said capital shall reach the sum 
of one thousand dollars ; but after said capital stock shall 
have reached the sum of one thousand dollars in value, 
then a dividend of profits may from time to time be made 
among the stockholders, in proportion to the number of 
shares held by each : Provided, this section shall not be 
construed to restrain the society or association from offering 
or giving premiums to any amount which the society or as- 
sociation may think proper." 



AGRICULTURE. 113 



§ 2. Whereas an emergency exists, viz : that many as- Emergency, 
sociations, formed under the law of which this is an amend- 
ment, desire to make improvements immediately, involving 
an expenditure of more than ten thousand dollars : there- 
fore this act shall take effect and be in force from and 
after its passage. 

Approved February 29, 1872. 



AN ACT authorizing agricultural societies to sell, exchange, dispose of and In force March 
convey lands. 8 > 187 * 2 - 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That when- May sen and 
ever any agricultural society shall have acquired any lands, cmve y lands - 
and the same shall become ineligible for the use for which 
such lands were acquired, such society, in its corporate ca- 
pacity, may sell, exchange, dispose of and convey said 
lands; and the deed of any such corporation, executed and 
acknowledged by its presiding officer, shall be effectual in 
law for that purpose. 

§ 2. Whereas it is necessary that certain agricultural Emergency, 
societies should dispose of or exchange grounds, in order 
to hold fairs in eighteen hundred and seventy-two : there- 
fore this act shall take effect and be in force from and after 
its passage. 

Approved March 8, 1872. 



AN ACT to create a Department of Agriculture in the State of Illinois. In force July 1, 

18T1. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That there 
be and is hereby created and established a department in 
the state of Illinois, to be known and styled "The Depart- 
ment of Agriculture," the objects of which shall be the objects, 
promotion of agriculture and horticulture, manufactures and 
domestic arts. The business of said department shall be 
conducted by a board, to be styled "The State Board of st y le of board 
Agriculture," which shall consist of a president, as many 
vice presidents as there are or from time to time may be 
congressional districts in this state, and the last ex-president 
of the State Board of Agriculture. Said presidents and vice- 
presidents shall hold their respective positions for two years, 
and until their successors are elected and qualified. The First board. 
—12 



114 



AGRICULTURE. 



first board of agriculture under this act shall consist of the 
present president, vice presidents, and the last ex-president 
of the (present) Illinois State Agricultural Society, who 
shall hold their positions, respectively, until the second Mon- 
day of January, one thousand eight hundred and seventy- 
three. Said State Board of Agriculture shall have a secre- 
tary and treasurer, who shall not be members of the board, 
and who shall hold their positions for the same time as the 
members of the board. The treasurer shall give bond, as 
may be required by said board. The secretary and treas- 
urer of the Illinois State Agricultural Society, at present, 
shall, respectively, be the secretary and treasurer of the 
State Board of Agriculture, and hold their positions the 
same time as members of the board : Provided, that said 
secretary of the State Agricultural Society, by_ virtue of his 



Officers 



State board to 
control. 



County boards, 



Moneys 
propriated. 



position, shall, until the second Monday of January, one 
thousand eight hundred and seventy-three, be a member of 
said board. 

§ 2. The State Board of Agriculture shall have the sole 
control of the affairs of the department of agriculture of all 
state fairs ; and may make sucn by-laws, rules and regula- 
tions, in relation to the department of agriculture ana the 
management of the business of such department and state 
fairs, and offering premiums, as a majority of said board 
shall, from time to time, determine, not inconsistent with 
the constitution and laws of this state or the United States. 
But this state shall, in no event, be liable for any premium 
offered or debt contracted by said board of agriculture. 

§ 3. The State Board of Agriculture shall provide for 
the organization of county agricultural boards, to comprise, 
in counties having but one agricultural organization, on the 
assent to the provisions of this act, of the directors or other 
managers of any legally organized agricultural society hold- 
ing an annual fair, at which premiums to the amount of 
five hundred dollars are awarded; and in counties having 
more than one agricultural organization, such county board 
shall consist of the various agricultural organizations, each 

as they may 
State Board of 
Agriculture, shall prescribe ; and said county boai d shall 
report its proceedings to said State Board of Agriculture, 
annually, and shall be styled "The County Agri- 
cultural Board." 
ap- § 4. Whatever moneys shall, from time to time, be ap- 
propriated to the department of agriculture, shall be paid 
to said State Board of Agriculture, and may be expended 
by them as in the opinion of said board will best advance 
the interests of agriculture and horticulture, manufactures 
and domestic arts, in this state : Provided, that when ap- 
propriations are made for the use of said State Board of 
Agriculture, that such appropriation shall provide for at 



represented therein, under such regulations 
themselves, or if they fail in agreeing, the 



AGRICULTURE. 115 



least one hundred dollars, annually, for the use of each 
county agricultural board, to be paid by said State Board 
of Agriculture to each county board of agriculture which 
shall have given satisfactory evidence to said state board of 
having held an annual fair, and made their annual report 
to said State Board of Agriculture. 

§ 5. The State Board of Agriculture shall keep an office Business office, 
for the transaction of its business at Springfield ; and when 
the new state house is so far completed as to allow thereof, 
there shall be assigned to the department of agriculture 
suitable rooms therein, to be under the control of said board. 

§ 6. The State Board of Agriculture in that name, and Powers of 
the several county agricultural boards in their respective boards - 
names, may contract and be contracted with, may purchase, 
hold or sell property, and may sue and be sued in all courts 
or places ; but this state shall never be liable for any debt 
or contract of any of said boards. 

§ 7. The State Board of Agriculture shall be elected every when elected. 
two years, on the first Wednesday of the annual state fair, 
on the fair grounds, by delegates chosen by the several 
county agricultural boards, each county board having three 
votes and no more. The president, secretary and treasurer 
of the state board may reside any where in the state. The 
vice-presidents shall reside in the district which they respec- 
tively represent. The first election of the State Board of 
Agriculture shall be held in the fall of one thousand eight 
hundred and seventy-two. 

§ 8. The State Board of Agriculture shall, on or before Report, 
the first day of July, one thousand eight hundred and sev- 
enty-one, make a biennial report to the governor of the pro- 
ceedings of the late state agricultural society, for one thou- 
sand eight hundred and sixty-nine, and one thousand eight 
hundred and seventy, and annually thereafter, of the trans- 
actions of the department of agriculture, and the governor 
shall cause ten thousand copies of said annual and biennial 
reports to be printed, one-half for the use of the department 
of agriculture, and the remainder for the use of the state 
and general assembly. They shall give a complete classi- 
fied financial statement of all moneys received, and of all 
expenditures and expenses ; which statement shall be print- 
ed in the periodical report : Provided, that no such copies size of report. 
of said reports shall exceed three hundred pages of same 
size of former reports. 

§ 9. The State Board of Agriculture may, for cause, to be Removal of of- 
spread upon their journals, remove the secretary, or treas- flcers " 
urer, or expel a member, and may fill any vacancy arising 
from any cause. 

Approved April 15, 1871. 



116 AGRICULTURE — ANIMALS. 



la force July 1, AN ACT to amend an act entitled "An act to create a Department of Agricul- 
1878. ture in the State of Illinois," approved April 1*7, 18*71. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That section 
eight of "An act to create a department of agriculture in the 
State of Illinois," approved April 17, 1871, be so amended 
that it shall read : 

" Section 8. The State Board of Agriculture shall make 
an annual report to the governor of the transactions of the 
department of agriculture, which said report shall include a 
complete classified statement of all moneys received, and of 
all expenditures and expenses; and the governor shall cause 
ten thousand copies of said report to be printed, one-half for 
the use of the department of agriculture, and the remainder 
for the use of the state and general assembly." 

Approved April 2, 1872. 



ANIMALS. 



In force July 1, AN ACT to authorize the county boards, or other bodies having control and 
1S72. management of the county affairs of the several counties of this state, to 

take measures to enforce all laws in regard to the prevention of cruelty to 
animals. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
county boards or other bodies having control and manage- 
ment of the county affairs of the several counties of this 
state, are hereby authorized and empowered to take all such 
necessary measures and to institute such proceedings as they 
may deem proper, to enforce all the laws of this state for the 
prevention of cruelty to animals. 

Approved March 1, 1872. 



In force July 1, AN ACT to prohibit domestic animals from running at large in this state. 



1873 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That it shall 
be unlawful for the owner or owners of any domestic ani- 
mals of the species of horse, mule, ass, cattle, sheep, goat or 



ANIMALS. 117 



hog, to suffer the same to run at large in any county in this 
state, after the first day of October, eighteen hundred and 
seventy-two, except as hereinafter provided. 

§ 2. Any owner or owners violating section one of this Penalty for vi- 
act shall, on conviction before any justice of the peace hav- olatlOD - 
ing jurisdiction, pay a fine not less than three dollars nor 
more than ten dollars, for each and every offense, to the 
common school fund of the township. 

§ 3. The county clerk of any county wherever it may Notice of eiec- 
be unlawful fur domestic animals to run at large by virtue tlon - 
of this or any special law, on petition of one hundred or 
more voters therein, shall give notice with the election no- 
tices of the then next succeeding general election in such 
county, that at such election the voters of such county may 
vote for or against domestic animals running at large in 
such county, or any species thereof, to be mentioned in such 
notices, and separate ballot boxes shall be used at said elec- 
tion. Such votes shall be received and canvassed by the 
proper judges of election, and. returns made in the same 
manner as the other election returns, and if a majority of 
the votes cast on such question is for domestic animals, or 
any species thereof, running at large, it shall be lawful in 
such county for such domestic animals, or species thereof, 
to run at large. 

§ 4. At any succeeding general election, on like petition vote to rescind, 
and notice, the voters of such counties electing to allow 
domestic animals to run at large, may vote to rescind such 
former election, and to come under the provisions of this 
law where no such vote is taken. 

Approved January 13, 1872. 



AN ACT to amend an act entitled "An act for the prevention of cruelty to In force July 1, 
animals," approved March 31, 1869. 1872 - 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in tAt General Assembly^ That section 
one of an act entitled "An act for the prevention of cruelty 
to animals," approved March thirty-first, eighteen hundred . 
and sixty-nine, be amended so as to read as follows, viz: 
" That whoever shall willfully overdrive, overload, over- 
work, torture, torment, deprive of necessary sustenance, 
cruelly beat, mutilate or kill, or cause or procure to be so 
overdriven, overloaded, overworked, tortured, tormented, 
deprived of necessary sustenance, cruelly beaten, mutilated 
or cruelly killed, any horge, ox or other animal, (the word 
animal, as used in this act, and the act to which this is an 
amendment, shall be taken to mean any living creature,) 



118 ANIMALS. 

and whoever, having the charge or custody of any such 
animal, either as owner or otherwise, shall unnecessarily 
fail to provide such animal with proper food and drink, 
shall, for each and every offense, be punished by a fine not 
less than five dollars, and not exceeding one hundred dol- 
lars, to be recovered on complaint before any justice of the 
peace, or by indictment in the county where such offense 
shall be committed. 

Approved March 8, 1872. 



In force July 1, AN ACT to prevent male animals running at large, and for their restraint. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That it shall 
be unlawful for any male animal, viz : stallion, jackass, 
bull, ram or boar, to run at large in this state. 

§ 2. That whenever any animal, as set forth in the first 
section of this act, shall be allowed, by its owner or own- 
ers, keeper or keepers, to run at large or go unrestrained, 
it shall be lawful for any person to restrain the same by 
. To be adver- proper confinement and care ; and the person so restraining 
shall immediately advertise such animal by posting up in 
three of the most public places in the township where the 
person so restraining shall reside, and the owner or owners, 
keeper or keepers of such animal shall be required to pay 
to the person so restraining, five dollars for such restraint, 
seventy-five cents each for the three advertisements so 
posted up, and seventy five cents per diem for their main- 
tenance while in his care ; upon the payment of which, and 
the proper proof of ownership or agency for such owner- 
ship, the person so restraining shall deliver up such animal, 
unless as provided in the third section of this act. 
owner guilty § 3. Any owners or keepers of animals, as set forth in 
of trespass. ^ £ rgt gect i on f tlais act, who shall allow such animal to 
run at large, or go unrestrained, in addition to the forego- 
ing, as set forth in the second section of this act, upon com- 
plaint of any person or persons to any justice of the peace, 
or town officer having jurisdiction, such owner or owners, 
keeper or keepers, shall be deemed guilty of trespass, and 
shall be mulcted in a fine of not less than five dollars, nor 
more than fifty dollars for each and every such offense. 
And in addition to the foregoing, every such owner or own- 
ers, keeper or keepers of such male animals, as set forth in 
the first section of this act, who shall allow such male ani- 
mals to go unrestrained, or run at large, shall be deemed 
liable for all damages that may accrue to others, whether to 
their persons or their property, as stock-breeders or other- 



APP ORTIONMENT. 119 



wise, caused or brought about by the unrestraint or running 
at large of said male animals ; and damage so accrued shall 
be recoverable by law in an action for damages in any court 
having jurisdiction of the same. 

§ 4. If such male animal shall remain in the possession Estray. 
of the person restraining it for thirty days from the time of 
advertising it, it shall be deemed an estray, and the laws 
of this state governing estrays shall be applicable to it. 

Approved March 8, 1872. 



APPORTIONMENT. 



UN ACT to apportion the state into nineteen congressional districts and estab- In for j| 7 o Uly *' 
lish the same, and provide for the election of representatives therein. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
state of Illinois is hereby apportioned into nineteen con- 
gressional districts, and the same are hereby established and 
shall be respectively composed as herein set forth, to-wit: 

The first district shall be composed of the first, second, 
third, fourth, fifth, sixth and seventh wards of the city of 
Chicago, the towns of Hyde Park, Lake, Lyons, Riverside, 
Lemont, Palos, Worth, Calumet, Orland, Bremen, Thorn- 
ton, Rich and Bloom, in Cook county, and the county of 
DuPage. 

The second district, of the eighth, ninth, tenth, eleventh, 
twelfth, thirteenth, fourteenth and fifteenth wards of the 
city of Chicago. 

The third district, of the sixteenth, seventeenth, eighteenth, 
nineteenth and twentieth wards of the city of Chicago, the 
towns of Cicero, Proviso, Jefferson, Leyden, Lake View, 
Evanston, Mies, Maine, Elk Grove, Schaumberg, Han- 
over, Barrington, Palatine, Wheeling, Northfield and New 
Trier, in the county of Cook, and the county of Lake. 

The fourth district, of the counties of Kane, DeKalb, 
McHenry, Boone and Winnebago. 

The fifth district, of the counties of Stephenson, Jo Da- 
viess, Carroll, Whiteside and Ogle. 

The sixth district, of the counties of Lee, Bureau, Put- 
nam, Henry and Rock Island. 

The seventh district, of the counties of LaSalle, Kendall, 
Grundy and Will. 

The eighth district, of the counties of Kankakee, Iro- 
quois, Ford, Livingston, Woodford and Marshall. 



120 APPORTIONMENT. 



The ninth district, of the counties of Stark, Peoria, Knox 
and Fulton. 

The tenth district, of the counties of Mercer, Henderson, 
Warren, Hancock, McDonough and Schuyler. 

The eleventh district, of the counties of Adams, Brown, 
Pike, Calhoun, Greene and Jersey. 

The twelfth district, of the counties of Scott, Morgan, 
Cass, Menard, Sangamon and Christian. 

The thirteenth district, of the counties of Mason, Taze- 
well, McLean, Logan and DeWitt. 

The fourteenth district, of the counties of Macon, Piatt, 
Champaign, Douglas, Coles and Yermilion. 

The fifteenth district, of the counties of Edgar, Clark, 
Cumberland, Moultrie, Shelby, Effingham, Jasper, Craw- 
ford and Lawrence. 

The sixteenth district, of the counties of Montgomery, 
Fayette, Bond, Clinton, "Washington, Marion and Clay. 

The seventeenth district, of the counties of Macoupin, 
Madison, St. Clair and Monroe. 

The eighteenth district, of the counties of Randolph, 
Perry, Jackson, Union, Williamson, Johnson, Pope, Mas- 
sac, Pulaski and Alexander. 

The nineteenth district, of the counties of Richland, 
Wayne, Edwards, Wabash, Jefferson, Franklin, Hamilton, 
White, Saline, Gallatin and Hardin. 
Time of eiec- § ^- ^ ne representative to the congress of the United 
tion, States shall be elected in each of the districts before enu- 

merated, on the Tuesday after the first Monday of Novem- 
ber, in the year of our Lord one thousand eight hundred 
and seventy-two, and one in each of said districts every two 
years thereafter. Such elections shall be held and the re- 
turns thereof made and canvassed in the manner provided 
by law. 

Approved March 28, 1872. 



In force July 1, AN ACT to apportion the state of Illinois into senatorial districts. 

1872. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That until 
the taking and return of the next federal census, and the 
apportionment thereunder, as provided in the constitution, 
this state shall be divided into senatorial districts, each of 
which shall be entitled to one senator and three represen- 
tatives, as follows, to- wit: 

First — The first, second, tenth and eleventh wards of the 
city of Chicago, in the county of Cook, shall constitute the 
first district. 



APPORTIONMENT. 



121 



Second — The third, fourth and fifth wards of the city of 
Chicago, in the county of Cook, and the townships of Hyde 
Park and Lake, in said county, shall constitute the second 
district. 

Third — The sixth, seventh and eighth wards of the city 
of Chicago, in the county of Cook, shall constitute the third 
district. 

Fourth — The ninth, twelfth and thirteenth wards of the 
city of Chicago, in the county of Cook, shall constitute the 
fourth district. 

Fifth — The fourteenth, fifteenth and eighteenth wards 
of the city of Chicago, in the county of Cook, shall consti- 
tute the fifth district. 

Sixth — The sixteenth, seventeenth, nineteenth and twen- 
tieth wards of the city of Chicago, in the county of Cook, 
shall constitute the sixth district. 

Seventh — The townships of New Trier, Northfield, 
Wheeling, Palatine, Barrington, Hanover, Schaumberg, 
Elk Grove, Maine, JSTiles, Evanston, Lake Yiew, Jefferson, 
Leyden, Proviso, Riverside, Cicero, Lyons, Lemont, Palos, 
Worth, Calumet, Thornton, Bremen, Orland, Eich and 
Bloom, in the county of Cook, shall constitute the seventh 
district. 

Eighth — The counties of McHenry and Lake shall con- 
stitute the eighth district. 

Ninth — The counties of Winnebago and Boone shall con- 
stitute the ninth district. 

Tenth — The counties of Jo Daviess and Stephenson shall 
constitute the tenth district. 

Eleventh — The counties of Carroll and Whiteside shall 
constitute the eleventh district. 

Twelfth — The counties of Ogle and Lee shall constitute 
the twelfth district. 

Thirteenth — The counties of DeKalb, Kendall and Grundy 
shall constitute the thirteenth district. 

Fourteenth — The counties of Kane and DuPage shall 
constitute the fourteenth district. 

Fifteenth — The county of Will shall constitute the fif- 
teenth district. 

Sixteenth — The counties of Kankakee and Iroquois shall 
constitute the sixthteenth district. 

Seventeenth — The county of La Salle shall constitute the 
seventeenth district. 

Eighteenth — The counties of Livingston and Ford shall 
constitute the eighteenth district. 

Nineteenth — The counties of Bureau and Stark shall con- 
stitute the nineteenth district. 

Twentieth — The counties of Putnam, Marshall and Wood- 
ford shall constitute the twentieth district. 

Twenty-first — The counties of Rock Island and Henry 
shall constitute the twenty-first district. 



122 



APPORTIONMENT. 



Twenty-second — The counties of Mercer and Knox shall 
constitute the twenty-second district. 

Twenty-third — The counties of "Warren and McDonough 
shall constitute the twenty-third district. 

Twenty-fourth — The counties of Henderson and Han- 
cock shall constitute the twenty-fourth district. 

Twenty-fifth — The counties of Fulton and Schuyler shall 
constitute the twenty-fifth district. 

Twenty sixth — The county of Peoria shall constitute the 
twenty-sixth district. 

Twenty-seventh — The counties of Tazewell and Logan 
shall constitute the twenty-seventh district. 

Twenty eighth — The county of McLean shall constitute 
the twenty-eighth district. 

Twenty-ninth — The counties of DeWitt and Macon shall 
constitute the twenty-ninth district. 

Thirtieth — The counties of Piatt and Champaign shall 
constitute the thirtieth district. 

Thirty-first — The counties of Yermilion and Edgar shall 
constitute the thirtv-first district. 

Thirty second — The counties of Douglas, Coles and Moul- 
trie shall constitute the thirty-second district. 

Thirty-third — The counties of Shelby, Cumberland and 
Effingham shall constitute the thirty-third district. 

Thirty fourth — The counties of Christian and Mont- 
gomery shall constitute the thirty-fourth district. 

Thirty-fifth — The county of Sangamon shall constitute 
the thirty-fifth district. 

Thirty-sixth — The counties of Mason, Brown, Cass and 
Menard shall constitute the thirty-sixth district. 

Thirty-seventh — The county of Adams shall constitute 
the thirty-seventh district. 

Thirty-eighth — The counties of Scott, Pike and Calhoun 
shall constitute the thirty-eighth district. 

Thirty -ninth — The counties of Greene and Morgan shall 
constitute the thirty-ninth district. 

Fortieth — The counties of Macoupin and Jersey shall 
constitute the fortieth district. ♦ 

Forty first — The county of Madison shall constitute the 
forty-fir st district. 

Forty-second — The counties of Bond, Clinton and Wash- 
ington shall constitute the forty-second district. 

Forty-third — The counties of Fayette and Marion shall 
constitute the forty-third district. 

Forty fourth — The counties of Clay, Wayne, Richland, 
Edwards and "Wabash shall constitute the forty-fourth 
district. 

Forty-fifth — The counties of Clark, Crawford, Lawrence 
and Jasper shall constitute the forty-fifth district. 

Forty-sixth — The counties of Jefferson, Hamilton and 
"White shall constitute the forty-sixth district. 



APPROPRIATIONS. 123 



Forty -seventh — The counties of Franklin, Williamson, 
Saline and Gallatin shall constitute the forty-seventh district. 

Forty eighth — The counties of Monroe, Eandolph and 
Perry shall constitute the forty-eighth district. 

Forty-ninth — The county of St. Clair shall constitute the 
forty-ninth district. 

Fiftieth — The counties of Jackson, Union and Alexander 
shall constitute the fiftieth district. 

Fifty-first — The counties of Pulaski, Massac, Johnson, 
Pope and Hardin shall constitute the fifty-first district. 

Approved March 1, 1872. 



APPROPRIATIONS. 



AN ACT to pay the members, officers and employes of the twenty-seventh In force Jan. 19, 
# general assembly. 1871 - 

Whereas the constitution provides that members of the 
twenty-seventh general assembly should receive an allow- 
ance of fifty dollars in lieu of stationery, postage, news- 
papers and all other incidental expenses and perquisites ; 
and, whereas it is necessary that said members provide 
themselves with such articles immediately, and to pay for the 
same payment of said allowance is necessary ; in order 
also to facilitate the transaction of the public business, pay- 
ment to the members, officers and employes of said assembly 
of the mileage and per diem due or becoming due from 
time to time should be provided for, whereby an emer- Emergency, 
gency has arisen rendering it necessary that this act should 
take effect immediately : therefore, 

Section 1.- Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the sum Postage and 
of fifty dollars is hereby appropriated out of the revenue statl0ner y- 
fund in the state treasury, to each member of the twenty- 
seventh general assembly, for postage, stationery, news- 
papers and all other incidental expenses, and the auditor of 
public accounts is hereby directed to issue his warrants on 
the state treasurer therefor. 

§ 2. An amount sufficient to pay the mileage and per Mileage and 
diem of members and the per diem of officers and employes per iem * 
of the twenty- seventh general assembly, is hereby appro- 
priated out of the revenue fund in the state treasury, and 
the auditor of public accounts is hereby directed to issue 
his warrants on the state treasurer, as the same becomes due, 



124 APPROPRIATIONS. 



on pay rolls certified by the president of the senate and 
speaker of the house of representatives. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved January 19, 1871. 



]n force March AN ACT to fix the number of employes of the twenty-seventh general assem- 
10, 1871. bly, and the compensation of the same. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the em- 

Employes. ployes of the twenty-seventh general assembly shall be as 
follows, and shall be allowed respectively the compensation 
herein provided: One mail-carrier of the senate and one 
mail-carrier of the house, each four dollars per day ; two 
janitors of the senate and four janitors of the house, each 
four dollars per day ; seven pages of the senate and fifteen 
pages (including Arthur Cole and Elliott Drurnmond) of the 
house, each two dollars per day ; six committee clerks of 
the senate and fourteen committee clerks of the [house], each 
four dollars per day for the time actually employed ; one 
janitor of committee rooms of the senate and one janitor of 
committee rooms of the house, each four dollars per day ; 
one janitor of the water-closets of the senate and one of the 
house, each three dollars per day ; two policemen of the 
senate and four policemen of the house, each four dollars 
per day ; one night watchman for house postoffice, four 
dollars per day ; one house messenger, four dollars per day ; 
and one fireman for the house, four dollars per day. 
certified "pay § 2. The auditor of public accounts is directed to draw 
his warrant on the treasurer for the compensation of 
the said employes as herein provided, from time to time as 
the same may become due, upon pay rolls certified by the 
presiding officers of the two houses respectively. 

Emergency. § 3. An emergency having arisen by reason of the ser- 

vices of said employes, making it necessary that this act 
shall take effect immediately : therefore this act shall take 
effect and be in force from and after its passage. 
Approved March 10, 1871. 



APPROPRIATIONS. 125 



AN ACT to fix the compensation of the members, officers, and employees of in force June 
the general assembly. 14, 1871. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
members of the general assembly shall receive for their 
services the sum of five dollars per day during the sessions, 
to be certified by the speaker of the respective houses, and 
in addition thereto an allowance of fifty dollars per session 
to each member, which shall be in full lor postage, station- Members. 
ery, newspapers, and all other incidental expenses and per- 
quisites ; and ten cents per mile per session to each mem- 
ber for each mile necessarily traveled in going to and re- 
turning from the seat of government, to be computed by 
the auditor of public accounts. 

§ 2. Until otherwise provided by law, the compensation officers and 
of the several officers and employes of the general assem- employees, 
bly shall be the same sum per day for each day's actual ser- 
vice as was paid at the first session of the twenty-seventh 
general assembly, to be certified by the speakers of the two 
houses. 

§ 3. The auditor of public accounts shall draw his war- Auditortodraw 
rants upon the treasurer in favor of the several members, warrants - 
officers and employes of the general assembly, upon pro- 
perly certified payrolls, as the same shall from time to time 
become due. 

§ 4. As there is no existing provision for the payment Emergency. 
of the members, officers and employes of the twenty-seventh 
general assembly, at their special session, an emergency is 
hereby declared to have arisen requiring that this act shall 
go into effect immediately : therefore this act shall take 
effect from and after its passage 

Approved June 14, 1871. 



AN ACT making appropriations for expenses of the twenty-seventh general i n f orce j u i y j 
assembly, and to provide for the ordinary and contingent expenses of the 1872. 

government not already appropriated. 

Section I. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the fol- Appropriations, 
lowing sums be and they are hereby appropriated for the 
following purposes : 

Jfirst— To each member of the joint committee of the 
house and senate appointed to examine into and report up- 
on the affairs of the board of police commissioners of East 
St. Louis, the sum of seventy -five dollars for per diem and 
expenses. 



126 APPROPRIATIONS. 



Second — To each of the clergymen who have officiated 
as chaplains of the house or senate during the present ses- 
sion, the sum of thirty dollars, to be paid upon pay roll 
certified by the president of the senate and speaker of the 
house. 

Third — To defray the incidental and CDntingent expenses 
of the supreme court for books and stationery, in addition 
to former appropriations, the sum of three thousand dollars, 
to be drawn in the same manner now provided by law, and 
for the use of either of the three divisions, as may be deemed 
necessary by the court. 

Fourth — A sum not exceeding two thousand dollars per 
annum, for conveying juvenile offenders to the reform 
school, to be paid in the manner and at the compensation 
fixed by law. 

Fifth — A sum not exceeding five hundred dollars for the 
purpose of purchasing a suitable lot in Oak Ridge Ceme- 
tery, of Springfield, and for removing the remains of the 
Honorable William J. Gatewood, William Copeland, Wil- 
liam Rhodes and Albert G. Caldwell, former members of 
the senate and house of the Illinois general assembly, to 
said lot and to erect a suitable monument to their memory, 
to be expended under the direction of the governor and 
paid out upon his order. 

Sixth — To Joel Johnson, three hundred and fifty-seven 
dollars, and to J. L. Million, fifty-five dollars, for rent of 
committee rooms for use of the house of representatives, 
and to T. J. Y. Owen, one hundred and thirty-five dollars, 
for rent of committee rooms for use of the senate. 

Seventh — To A. H. Erickson, for services as extra janitor 
of the senate, the sum of one hundred and twenty-eight 
dollars. 

Eighth — To Merritt & Son, for printing rules of the sen- 
ate, the sum of thirteen and fifty one-hundredths dollars. 

Ninth — To H. Y. Raymond, for services preparing digest 
of the special school acts and charters, by order of the state 
superintendent of public instruction, for use of the com- 
mittees on education, the sum of two hundred and fitty 
dollars. 

Tenth— Ho the office of the secretary of state, for furni- 
ture, repairs of office, postage, stationery, blanks and other 
incidental expenses, a sum not exceeding fifteen hundred 
dollars, to be paid on bills of particulars certified by the 
secretary and approved by the governor. 

Eleventh — A sum not exceeding six thousand dollars, to 
be added to the fund heretofore appropriated by this gen- 
eral assembly, for the purpose of defraying the cost of print- 
ing, paper, stationery, furniture and repairs, books and 
blanks for the general assembly, and for all expenses neces- 
sarily incurred by the secretary of state in discharge of the 



APPROPRIATIONS. 127 



duties imposed upon him by law and for which no appro- 
priation is made. 

Twelfth — Should there be any balance remaining unex- 
pended of the appropriation j made by this general assembly, 
of forty thousand dollars to repair and enlarge the supreme 
court rooms at Mt. Yernon and Ottawa, after said repairs 
and enlargement is fully completed, then said balance may 
be expended for furniture and fitting up said rooms under 
the direction of the judges, and be paid in the same manner 
as provided in the act making said appropriation. 

Thirteenth — To pay the commissioners appointed to re- 
vise the statutes, balance in full for their services to April 
first, 187^j as follows : to H. B. Hurd, the sum of twenty- 
live hundred dollars, and to M. Shseffer, the sum of twenty- 
live hundred dollars. 

§ 2. The auditor of public accounts is hereby directed Governor to 
to draw his warrant on the state treasury for the sums here- |P prove vouch - 
in specified, upon presentation of the proper vouchers, ap- 
proved by the governor ; and the state treasurer shall pay 
the same out of any funds in the treasury not otherwise 
appropriated. 

Approved April 5, 1872. 



AN ACT making an appropriation for the payment of the officers and members _ , 

of the next general assembly, and for the salaries of the officers of the state 18T2 U ^ ' 

government. 

Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That 
tnere be and there is hereby appropriated a sum ot money 
sufficient to pay the officers and members of the next gen- 
eral assembly, and the salaries of the officers of the state . 
government, at such rates of compensation as is now or 
may be hereafter fixed by law, until the expiration of the 
first fiscal quarter alter the adjournment of the next regular 
session of tUe general assembly. 

Approved April 1, lb72. 



AN ACT to provide for the payment of the expenses of the state government In force March 
heretofore unprovided for. 88, 1871, 

"Whereas sundry expenses have been incurred by the 
state officers, in the proper and necessary discharge of the 
duties of their offices, for the payment of which there is no 
appropriation, and said necessary expenses being still un- 



128 APPROPRIATIONS. 



Emergency. paid and unprovided for, whereby an emergency has arisen 
rendering it necessary that this act should take effect imme- 
diately ; therefore, 

Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That the 
sum of twenty thousand dollars is hereby appropriated, to 
be paid out of the state treasury upon the warrant of the 
auditor of public accounts, for the payment of said expen 
ses, to be made upon bills of particulars, certified by the 
proper state officers and approved by the governor. Said 
bills of particulars shall show the amount charged for each 
item separately, and shall be accompanied by an affidavit 
of the party to whom payable or by an authorized agent, 
stating that the account is correct, that the articles have been 
furnished to the state or the services actually performed, 
and that the price charged is reasonable. All warrants 
shall be drawn in favor of the person, company or corpora- 
tion entitled to receive the money. 

§ 2. The auditor of public accounts is hereby authorized 
and directed to draw his warrant on the state treasurer for 
such amounts as may be certified and approved as provided 
in section one (1) of this act, and the state treasurer is au- 
thorized to pay said warrants from any money in the treas- 
ury not otherwise appropriated. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved March 28, 1871. 



In force July 1, AN ACT to make appropriations to pay certain expenses of the state govern- 
1872 • ment, for which no appropriation has heretofore heen made. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Appropriations, following sums be and the same are hereby appropriated out 
of any moneys in the treasury not otherwise appropriated, 
to be paid to the parties therein named, upon the warrants 
of the auditor, upon accounts of bills of particulars, certi- 
fied by the secretary of state and approved by the governor, 
viz : 

To O. F. Kimball, rent of committee rooms, one hundred 
and sixty dollars. 

To estate of IN. Strott, deceased, rent of committee rooms, 
one hundred and twenty-two dollars and sixty-six cents. 

To J. Ruckel, curtains, flannel drapery, etc., four hundred 
and forty dollars. 

To Nutt & Barclay, furniture for committees, one hun- 
dred and thirty -five dollars. 



APPROPRIATIONS. 129 



To H. G. Fitzhugh, carpenter's work (five bills), two 
hundred and ninety-four dollars and forty-five cents. 

To Joel Johnson, rent of committee rooms, four hundred 
and ninety dollars. 

To Fox & House, hardware, twenty-three dollars and 
twenty cents. 

To Rufus Blanchard, maps, fifteen dollars and eighty-six 
cents. 

To J. T. Smith, post office boxes, ten dollars. 

To E. L. Baker & Co., for printing circulars for commit- 
tee on manufactures, twenty dollars. 

That interest shall be allowed on said, amounts at the rate 
of six per centum from the first day of July, eighteen hun- 
dred and seventy-one, until paid ; and the auditor shall 
draw his warrants therefor, as provided in section one of 
this act. 

Approved April 5, 1872. 



AN ACT to provide for the ordinary and contingent expenses of the state gov- In force juiyi, 
ernment until the expiration of the first fiscal quarter after the adjournment 1871. 

of the next regular session of the general assembly." 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly^ That the fol- Appropriations, 
lowing named sums be and they are hereby appropriated 
to meet the ordinary and contingent expenses of the gov- 
ernment, until the expiration of the first fiscal quarter after 
the adjournment of the next regular session of the general 
assembly : 

First— A sum not exceeding ten thousand dollars shall contmartfuna 
be subject to the order of the governor for defraying all of UTgoveraM^ 
such expenses as are unforeseen by the general assembly, 
and not otherwise provided for by law, payments to be 
made from time to time, upon bills of particulars, certified 
by the governor. 

Second — ; The sum of twenty -five hundred dollars per an- clerks in gov- 
num for clerk hire in the governor's office, payable quar- eraor ' 6 office - 
terly upon his order. 

Third — To the governor's office, for postage, stationery, Postage, stn- 
telegraphing, furniture, and repairs of office and other inci- "overaor^ ' o°- 
dental office expenses, a sum not exceeding two thousand See. 
dollars ($2000), to be paid on bills of particulars, certified 
by him. 

Fourth — To the office of secretary of state, for furniture, secretary of 
repairs of office, postage, stationery, blanks and other inci- etc. 6 ' 
dental expenses, a sum not exceeding twenty-five hundred 

—13 



130 APPROPRIATIONS. 



dollars, to be paid upon bills of particulars, certified by the 
secretary and approved by the governor, 
cost of print- Fifth — A sum, not exceeding fifty thousand dollars 
rione?y, P ltc. sta " ($50,000), for the purpose of defraying the cost of printing, 
paper, stationery, furniture and repairs, books and blanks 
for the general assembly, and for all expenses necessarily 
incurred by the secretary of state in discharge of the 
duties imposed upon him by law, and for which no other 
appropriation is made, to be paid upon bills of particulars, 
certified by said secretary and approved by the governor. 
secretary of Sixth — To the secretary of state, for clerk hire in his 
state, clerk hire. ffi ce< anc [ librarian, five thousand two hundred dollars 
($5,200), per annum, payble quarterly, on his order. 
Auditor, clerk Seventh — To the auditor of public accounts, for clerk hire, 
hire " the sum of five thousand five hundred dollars per annum, 

Auditor, for to be paid quarterly. To the office of the auditor of public 
tioDer Ure etc star accoun ts, for furniture, stationery, repairs, postage and other 
necessary expenses incurred in the discharge of the duties 
of his office, a sum, not exceeding five thousand dollars 
($5000), to be paid on bills of particulars, certified by the 
auditor and approved by the governor. 
state treasu- Eighth — To the office of state treasurer, for furniture, re- 
rer % s ffi etc ex " P a ^ rs i stationery, postage and other necessary office ex- 
penses, a sum not exceeding one thousand dollars per an- 
num, to be paid on bills of particulars, certified by the 
oierk hire. treasurer and approved by the governor. To the state 
treasurer, for clerk hire, the sum of two thousand dollars 
($2000) per annum, payable quarterly, 
superintendent Ninth — To the superintendent of public instruction, for 
of public in- clerk hire, the sum of fifteen hundred dollars ($1500) per 
hire. annum, payable quarterly. To the office of the said super- 

t.OTe, Da and ^ndl intendent, for repairs and rent of office, furniture, periodi- 
dentai expenses ca ] ail( j educational works, and other necessary expenses of 
said office not otherwise provided for, a sum not exceeding 
one thousand dollars ($1000) per annum, to be paid upon 
bills of particulars, certified by said superintendent and ap- 
m v -a * proved by the governor: appropriations made by this ninth 

To be paid out V \ » p± ' rf i J 

of sc'aooifund. clause to be paid out 01 the school lund. 

Attomey-gen- Tenth — To the attorney general the sum of five hundred 
office expenses 3 dollars ($500) per annum, for rent, furniture and fuel of his 
office, to be paid on bills of particulars, certified to by said 
attorney general and approved by the governor, 
cierk in fund Eleventh — To the clerk in the fund commissioners' office, 
offl™e missioners twelve hundred dollars, per annum ($1200), payable quar- 
terly : Provided, that the said clerk shall not be employed 
longer than necessary, in the opinion of the governor. 
Porters and Twelfth — The sum of six thousand five hundred dollars 
watchmen. ($6,500) to pay three porters, who shall act as messengers 
and take care of the state house grounds, at the rate of two 
dollars and fifty cents ($2 50) per da}^ while actually em- 
ployed; one night watchman at the rate of three • dollars 



APPROPRIATIONS. 131 



($3) per night ; and for any additional labor about the twite 
house, to the extent only of the balance of the above sum 
after paying the above porters and watchman. The account 
of the above porters and watchman to be certified to by the 
respective officers by whom they were employed. 

Thirteenth — The sum of live thousand dollars ($5000), or Executive man- 
so much thereof as may be necessary, is hereby appropri- and're^irs. tnre 
ated, for the purpose of furnishing and repairing the execu- 
tive mansion, and fence around the same, of this state, sub- 
ject to the order of the governor, and to be used by him, at 
his discretion, for the purpose aforesaid. The governor 
shall keep an account of the same, and make report thereof 
to the next general assembly, with bill of particulars. 

Fourteenth — For repairs of state house grounds, walks, Repairs of the 
fences and steps, a sum not exceeding five hundred dollars slatehonse - 
($500) per annum, payable on bills of particulars, certified 
by the secretary of state and aaditor, and approved by the 
governor. 

Fifteenth — To the office of adjutant general, for station- Adjutant gen- 
ery, printing, postage, telegraphing, furniture, fuel, lights, eraps office - 
expressing, and other incidental expenses necessary in the 
discharge of the duties of said office, a sum not exceeding 
one thousand dollars ($1000) per annum, payable on bills 
of particulars, certified by the adjutant general and approved 
by the governor. To the clerk in charge of ordnance and 
ordnance stores at the state arsenal, the sum of eight hun- 
dred dollars ($S00) per annum, payable quarterly, on the 
order of the adjutant general. 

Sixteenth — For public printing and binding, forty thou- Printing and 
sand dollars ($±0,000), to be paid on the order of the secre- bindin s- 
tary of state, auditor and treasurer, approved by the gover- 
nor, to be paid from time to time, as trie work is delivered. 

/Seventeenth — A sum not exceeding twenty thousand dol- Conveying con- 

1, ,■ • • . -i ,.4.- victs to peniteu- 

lars per annum, tor conveying convicts to the penitentiary, tiary. 
to be paid in the manner and at the compensation fixed by 
general law. 

Eighteenth — A sum not exceeding four thousand dollars Delivery of fu- 

,. i ,. ii-,- ..... gitives from jus- 

per annum, tor apprehendiug and delivery ot fugitive;-; tice. 
from justice, to be paid on the evidence now required by 
law, certified and approved by the governor. 

Nineteenth — A sum not exceeding two thousand dollars costs in state 
per annum, for costs and expenses in state suits, to be paid 8Ult8- 
on bills of particulars, certified to by the auditor and ap- 
proved by the governor. 

Twentieth — The sum of seventy thousand dollars, annu- interest on 
ally, or so much as may be necessary, to pay the interest and° ol '«en^nafv 
on the school, college and seminary funds, distributed an- f « nd - 
nually under laws in force. The amount to be so distributed 
to the Normal University was included in the act appropria- 
ting money to that institution, passed at the first session of 
this general assembly ; but nothing in said act shall be con- 



132 APPROPRIATIONS. 



strued to authorize the payment of any greater sum out of 
any other funds, or in any other manner than is provided 
in the lawmaking the distribution of said funds: Provided, 
the portion of this fund provided by law to be paid to the 
institution for the education of the deaf and dumb, shall be 
credited to the revenue fund, as it was included in the ap- 
propriation made to said institution at the first session of 
the present general assembly, 
state school Twenty-first — The sum of nine hundred thousand dollars 

fund tax. annually, of state school fund tax, or as much of said fund 
as may be raised by taxation on assessments, of one thou- 
sand eight hundred and seventy, one thousand eight hun- 
dred and seventy- one and one thousand eight hundred and 
seventy -two, as may be necessary to pay the annual amounts 
of said state school fund tax, distributed in the several 
counties under the laws governing such distribution. The 
auditor shall issue his warrants on the proper evidence that 
the amount distributed has been paid to the county school 
superintendents. 
For refunding Twenty second — Such sum as may be necessary to refund 

state taxes. state taxes on real estate sold or paid in error, and for over- 
payments on collectors' accounts, under laws governing such 
cases, to be paid out of the proper funds. 

Twenty-third — The sum of not exceeding six thousand 
dollars per annum, for the pay and expenses of the state 
board of equalization. 

Board of public Twenty-fourth — To the board of public charities the sum 
■ " of two thousand dollars per annum, or so much thereof as 

may be necessary, to pay clerk hire and secretary, and the 
sum of three thousand dollars per annum, or so much there- 
of as may be necessary, to pay all other expenses of said 
board, to be paid on bills of particulars approved by the 
governor. 
custodian of Twenty-fifth — The sum of eight hundred dollars per an- 



surveys^ 68 and num, for salary of the custodian of public field notes and 
surveys, also two hundred dollars per annum, for office ex- 
penses of said custodian, to be paid on bills certified to him 
and approved by the governor, 
incidental ex- Twenty-sixth — There is hereby appropriated, to defray 

supreme court 16 the incidental and contingent expenses of the supreme 
court, to-wit : for stationery, postage, fuel, lights, repairs, 
furniture, express, books, blanks, janitor and other expenses 
as may be deemed necessary by the court, the following 
sums per annum : 

Northern grand To the northern grand division, the sum of two thousand 

division. dollars, 

central grand To the central grand division, the sum of fifteen hundred 

division - dollars. 

southerngrand To the southern grand division, the sum of fifteen hun- 

dwisioti. (fad dollars. The same to be drawn out of the state treas- 

ury from moneys not otherwise appropriated, upon warrants 



APPROPRIATIONS. 138 



from the auditor of public accounts, who is authorized to 
issue such warrant upon bill of items, certified to by at 
least two of the justices of said court. The sum of three 
hundred dollars per annum is hereby allowed to the libra- Librarians. 
rian of each of the divisions of the supreme court for taking 
care of the libraries, to be drawn quarterly out of the state 
treasury, from moneys not otherwise appropriated, upon 
warrant from the auditor, said bill to be certified to by two 
justices of the supreme court. . ; 

Twenty-seventh — That the sum of two thousand dollars commissioners 
($2,000) is hereby appropriated for each of the commis- Statute? 6 the 
sioners to revise the statutes, to-wit: H. B. Hurd, M. Schsef- 
fer and William E. Nelson, to be paid to said commissioners 
severally, by the treasurer, on the warrant of the auditor. 

§ 2. The auditor of public accounts is hereby directed . Auditor to 

•». , . \ .-ii draw warrant. 

to draw his warrant on the state treasurer tor the sums here- 
in specified, upon presentation of the proper vouchers ; and Treasurer to 
the state treasurer shall pay the same out of the proper pay ' 
funds in the treasury not otherwise appropriated. 
Approved June 22, 1871. 



AN ACT to amend an act entitled "An act to provide for the ordinary and In force July 1, 
contingent expenses of the state government until the expiration of the first 1872 ■ 

fiscal quarter after the adjournment of the next regular session of the gen- 
eral assembly," approved June 22, 1871. 

Section 1. Be it enacted by the People of the State of 
Illinois, 7'epresented in the General Assembly, That section 
twenty-four of "An act to provide for the ordinary and contin- 
gent expenses of the state government until the expiration of 
the first fiscal quarter after the adjournment of the next reg- 
ular session of the general assembly," is hereby amended to 
read as- follows : "To the board of public charities the sum 
of seven thousand dollars per annum, from July first, eigh- 
teen hundred and seventy-one, or so much thereof as may 
be necessary, to be paid on bills of particulars, approved by 
the governor." 

Approved April 9, 1872. 



AN ACT to provide the governor with a contingent fund. In force March 



1, 18T2. 



Section 1. Be it enacted by the People of the State of" 
Illinois, represented in the General Assembly, That a sum 
not exceeding ten thousand dollars is hereby appropriated, 



134r APPROPRIATIONS. 



and shall be subject to the order of the governor, for de- 
fraying all such expenses as are unforeseen by the general 
assembly. 
Emergency. Whereas the appropriation heretofore made by this 

general assembly, for the contingent fund, has been ex- 
hausted by the governor in defraying expenses that were 
sudden and unforeseen, as shown by his report, therefore an 
emergency has arisen, and this act shall be in force from 
and after its passage, 

Approved March 1, 1872. 



In force Jan. 31, AN ACT to authorize the state treasurer and auditor to purchase coiu for the 
1871 - purpose of paying the state indebtedness. 

Emergency. Whereas certain state bonds, payable in gold, have been 

by proclamation of the governor declared due and payable 
on the fifteenth day of February next ; and, whereas the 
funds in the treasury provided for the payment of the same 
are in currency, whereby an emergency has arisen render- 
ing it necessary that this act should take effect immediately ; 
therefore, 

Section 1. Be it enacted hy the People of the State of 
Illinois ■, represented in the General Assembly ', That the 
state treasurer governor is hereby authorized to direct the state treasurer 
purchS^coL. 10 and auditor to purchase, at the lowest market price, the 
necessary coin and exchange required to pay the principal 
and interest of said bonds, with the funds provided by law 
for that purpose. 
To make a de- § 2. That said treasurer and auditor shall make a de- 
tailed report, tailed report of said purchase, showing the date, from whom 
purchased, the amount and rate of premium paid for each 
purchase of gold coin and exchange; also their actual ex- 
penses paid out in carrying out the provisions of this act, 
with such other facts as the governor may require. Said 
report shall be accompanied with a table showing the daily 
quotations of the sales of gold in New York during the en- 
tire time the said state officers shall be engaged in purchas- 
ing said gold. 
Auditor to § 3. Upon the requisition of the governor the auditor 
shall issue his warrant upon the treasurer for the amount 
paid as premium for said gold and exchange, with the said 
No commission expenses. No commission to be paid to said treasurer, 
auditor or any other state officer by virtue of this or any 
other act, and no commission shall be allowed to any other 
person or persons whomsoever, if such gold and ex- 
change can be bought as cheaply without paying such 
commission. 



APPROPRIATIONS. 135 



§ 4. This act shall take effect and be in force from and 
after its passage. 

Approved January 31, 1871. 



AN ACT to appropriate moneys in aid of the State Board of Agriculture and of in force Juiy 1, 
the country agricultural boards. 1BV2. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That there Appropriations. 
be and is hereby appropriated to the State Board of Agricul- 
ture the sums following, to-wit : For the payment of pre- 
miums at the annual state fair, the sum of three thousand 
dollars ($3000) per annum, for two years ; for the use of 
county agricultural boards, the sum of one hundred dollars 
($100) each per annum, for two years. 

§ 2. On the order of the president, countersigned by Auditor to 
the secretary of the state board of agriculture and approved BW warraDt - 
by the governor, the state auditor shall draw his warrant 
upon the state treasurer in favor of the treasurer of the 
state board of agriculture, for the sums herein appropriated: 
Provided, that each warrant shall show the agricultural 
board for whose benefit the same is drawn, and that no 
warrant shall be drawn in favor of any county agricultural 
board, unless the order aforesaid be accompanied by a cer- 
tificate of the secretary of the State Board of Agriculture, 
showing that in such county there has been held, in the 
year preceding, a fair for the encouragement of general 
agriculture, at which premiums to the amount of not less 
than five hundred dollars ($500) were paid : And, pro- 
vided, further, that it shall be the duty of said treasurer 
of the State Board of Agriculture to pay over to the proper 
officer of each county board of agriculture the sum received 
for its benefit as aforesaid, and to make a biennial report to 
the governor of all such appropriations received and dis- 
bursed by him. 

Approved January 5, 1872. 



AN ACT for the support of the Illinois Institution for the Education of the Ia force Marsh 
Deaf and Dumb. 1,1871. 

Section 1. Be it enacted by the People of the /State of 
Illinois, represented in the General Assembly, That for the Appropriations. 
purpose of defraying the ordinary expenses of the Illinois 
Institution for the Education of the Deaf and Dumb, from 
the first day of March, one thousand eight .hundred and 



136 APPROPRIATIONS. 



seventy-one, to the first day of July, one thousand eight 
hundred and seventy-three, the sum of fifty-eight thousand 
two hundred and fifty dollars ($58,250) per annum be and 
is hereby appropriated, payable quarterly out of the trea- 

Directorstoflie sury : Provided, that after the payment for one quarter 
shall have been made, no further warrants shall be issued 
in favor of the directors of the said institution until satis- 
factory vouchers are filed in the office of auditor of public 
accounts, approved by the board of trustees, showing in de- 
tail each and every expenditure made from the appropria- 
• tion for the preceding quarter, verified by the affidavit of 
Repairs and the principal of said institution. And that there be and is 

anStalurance hereby appropriated the further sums of one thousand dol- 
lars ($1000) per annum for repairs and improvements ; five 
hundred dollars ($500) per annum for insurance ; five hun- 
dred dollars ($500) per annum for the purchase of pupils' 
library ; and twelve hundred dollars ($1200) for relaying 
floors in the main building and north wing. 
Auditor to § 2. The auditor of public accounts is hereby authorized 

draw warrant. an ^ re q U j re( j ^ d raw his warrant on the treasurer for the 
said siims, upon orders of the board of directors of the Illi- 
nois Institution for the education of the Deaf and Dumb, 
signed by the president and attested by the secretary of 
said board, with the seal of the institution. 

Emergency. § 3. The support of the institution being not otherwise 

provided for from the first day of March, one thousand eight 
hundred and seventy-one to the first day of July, one thou- 
sand eight hundred and seventy-one, this act is declared an 
emergency act, and shall take effect and be in force on the 
first day of March, one thousand eight hundred and seventy- 
one. 

Approved March 29, 1871. 



In force April T, AN ACT making appropriations for the re-erection of the south wing of the 
18 ' 1, Deaf and Dumb Institution at Jacksonville.- 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That for 
Appropriations, the removal of the south wing of said institution, which, by 
a commission of architects, has been pronounced insecure 
and unsafe, and for the reconstruction of the same, in con- 
formity with the north wing and main building, the sum of 
forty-five thousand dollars ($45,000), or so much thereof as 
may be necessary for the reconstruction, heating and plumb- 
ing of said, south wing, is hereby appropriated out of the 
treasury, payable to the contractor, or person or persons to 
whom the same is due. For the construction of said build- 
ing the directors shall not obligate the state for the pay- 



APPROPRIATIONS. 



137 



ment of any sum of money in excess of appropriations made 
ior that purpose. 

8 2. The auditor of public accounts is hereby authorized Auditor to 

■ • t i i • - t , «. /? ■_ i.i: draw warrant. 

and required to draw his warrant on the treasurer for the 
said sums, upon orders of the board of directors of the Illi- 
nois Institution for the Education of the Deaf and Dumb, 
signed by the president, and attested by the secretary of 
said board with the seal of the institution. 

§ 3. That inasmuch as the said wing of said institution Emergency. 
has been vacated in consequence of the great danger of said 
wing falling down, therefore an emergency exists requiring 
that said work shall commence as soon as practicable, and 
that this act shall go into effect immediately. This act shall 
take effect and be in force from and after its passage. 

Approved April 7, 1871. 



AN ACT to create and support a state institution to be called u The Illinois Char- In force July 1, 
itable Eye and Ear Infirmary," for the treatment of needy persons suffering 
from diseases of the eye or ear. 

"Whereas the trustees of the Chicago Charitable Eye preamble. 
and Ear Imfirmary, at their regular annual meeting, held 
January third, eighteen hundred and seventy-one, voted 
unanimously to transfer all the property belonging to said 
infirmary to the People of the State of Illinois, on the con- 
ditions stated in this act, to be held by the state in trust for 
the benefit of the poor of the state suffering from diseases 
of the eye or ear ; therefore, 

Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly. That the Governor to 

• i i j- j j. ■ • j -*u receive property 

governor is hereby directed to receive, in accordance with a 
form of conveyance approved by him, on conditions stated 
in section nine of this act, all the property belonging to 
the Chicago Charitable Eye and Ear Infirmary, together 
with all the records and accounts of said infirmary. 

§ 2. The board of trustees and officers of said infirm- Trustees to en- 
ary, to evidence their assent to this act and the transfer of ^ee^^etc! 
the property of said infirmary to the state, shall make and 
enter in their record of proceedings, a minute, accepting 
this act according to its terms, and transferring to the state 
of Illinois all the property of said infirmary, a certified copy 
of which, approved by the governor, shall be filed with the 
auditor of public accounts ; and said minute shall be a 
transfer of said property to the state. 

§ 3. On and after the passage of this act the name and Name and title, 
title of said infirmary shall be "The Illinois Charitable Eye 
and Ear Infirmary." 
—14 



138 APPROPRIATIONS. 



Governortoap- § 4. The governor, by and with the advice and consent 
point trustees. Q f t ^ e 8ena t e , is hereby directed to appoint a board of live 
trustees of said infirmary. Said trustees and their success 
sors may elect, annually, from their number, a president, a 
vice-president, and a secretary; may appoint a treasurer 
and a board of skillful attending and consulting surgeons. 
Duties of tins- It shall further be the duty of this board of trustees to re- 
ceive, in the name of the state, all donations, gifts, bequests, 
and moneys which may be obtained for said infirmary, and 
apply the same to the charitable purposes for which they 
may be received. An exact account of the donations, gifts, 
bequests and moneys thus obtained, shall be rendered an- 
To make by- nually to the governor. Said board of trustees may make 
regulations. an such by-laws, rules and regulations for the government of 
themselves, their officers and said infirmary as shall seem to 
them expedient, not inconsistent with this act. 
Duties to be § 5. The board of trustees and the board of attending 
out for remunera- aQ d consulting surgeons, appointed in accordance with this 
tiou - act, shall all perform their duties without remuneration. 

Auditor to § 6. When the certified copy of the minute making 
draw warrants, 8Ucn transfer, provided for in section two of this act, shall 
have been filed, the auditor of public accounts is hereby 
authorized and directed to draw warrants on the state treas- 
urer, as follows : one, for five thousand dollars, on or before 
the tenth day of July, in the year of our Lord eighteen 
hundred and sevenly-one; and another, for the like amount 
of five thousand dollars, on or before the tenth day of July, 
in the year of our Lord eighteen hundred and seventy-two 
— each to the order of the treasurer of the trustees of the 
infirmary, and to deliver such warrants to said treasurer for 
Money to be the support of said infirmary. The money so appropriated 
needy p^itienfs 01 shall be expended for the support of needy patients from 
the state of Illinois suffering from diseases of the eye or 
ear, who shall present to the superintendent of the infirm- 
ary written certificates of their place of residence, and their 
absolute inability to pay for their board or treatment, signed 
by the supervisor of the town where they reside, or by 
their family physician. 
Annual reports § 7. An exact account of the manner in which this 
of expenditures. mone y d rawo from the state treasury shall be expended, 
shali be piinted in the annual reports of the infirmary. A 
statement of all the receipts and expenditures of the infirm- 
ary shall be made annually to the governor. 
Endowment § 8. The endowment fund, amounting to six thousand 
fund. dollars, now held and owned by said infirmary, may be 

used, if said board of trustees shall determine, in the pur- 
chase of a lot or lots for the use of said infirmary. 
Property to re- § 9. When the general assembly shall cease to make an 
whenapproprfa- appropriation of an annual amount equal to that specified 
tions cease. j n 8ect i on 8 j x f this act for the support and use of said in- 
firmary, the property conveyed to the state shall revert to 



APPROPRIATIONS. 139 



the trustees mentioned in section two of this act, or their 
successors. 

Approved April '17, 1871. 



AN ACT to provide means to pay the expense of renting and furnishing suit- In force March 
able accommodations for the Illinois Charitable Eye and Ear Infirmary. l 9 i I 872 - 

Whereas the Illinois Charitable Eye and Ear Infirmary, Preamble, 
created a state institution in accordance with an act passed 
by the general assembly of eighteen hundred and seventy- 
one, was totally destroyed, with all its furniture and ap- 
pliances, in the recent conflagration at Chicago; and where- 
as, in consequence of a sudden and pressing necessity, the 
patients of the infirmary were removed to new accom- 
modations ; and whereas the present condition of the city 
of Chicago renders it impossible to raise money as hereto- 
fore by subscription for an infirmary building and furni- 
ture ; therefore, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Appropriation. 
treasurer of the state pay to the treasurer of the Illinois 
Charitable Eye and Ear Infirmary the sum of four thousand 
dollars, to be expended by the trustees of the infirmary, as 
follows : Two thousand five hundred dollars for the rent of 
a suitable infirmary building, and one thousand five hun- 
dred dollars for furnishing the same. 

§ 2. The auditor of public accounts is hereby required 
to draw his warrant as soon as practicable on the state trea- 
surer for said four thousand dollars, upon the order of the 
president of said board of trustees of said infirmary, attested 
by the secretary of said board of trustees. 

§ 3. In consequence of the total destruction of the infir- Emergency, 
mary and its furniture, an emergency exists why this act 
snail take effect before the first day of July next ; therefore 
this act shall take effect and be in force from and after its 
passage. 

Approved March 19, 1872. 



140 APPROPRIATIONS. 



In force March AN ACT appropriating money for the ordinary expenses of the Illinois Insti- 
29, 1871. tution for the Education of the Blind, from the first day of March, one thou- 

sand eight hundred and seventy-one, to the first day of July, one thousand 
eight hundred and seventy-three. 

Section 1. Be it enacted by the People of the /State of 

Illinois, represented in the General Assembly, That tor the 

Appropriation purpose of defraying the ordinary expenses of the State 

P°e r n°e8. inary ex " Institution for the Education of the Blind, from the first day 
of March, eighteen hundred, and seventy-one, to the first 
day of July, eighteen hundred and seventy-three, be and 
there is hereby appropriated out of the state treasury the 
sum of twenty thousand dollars per annum, from the first 
day of March, eighteen hundred and seventy-one, to the 
first day of July, eighteen hundred and seventy-three; said 
money to be paid in equal quarterly payments. 
Auditor to § 2. The auditor of public accounts is hereby authorized 

draw warrant. an ^ required to draw his warrant on the treasurer for the 
sums aforesaid, upon the orders of the trustees of the said 
institution, signed by the president and attested by the sec- 
retary, with the seal of the institution attached thereto : Pro- 
Trustees to ale vided, that before the auditor shall draw any such warrant, 

auditor. the said trustees shall file with the said auditor an account 

with bills of particulars, and the proper vouchers of the 
morley expended for the use of said institution during the 
preceding quarter, verified by the affidavit of the proper 
person, together with estimates of the amount necessary 
for the ensuing quarter. Such account and estimates shall 
be approved by the governor, and no more money shall be 
drawn at any time than shall appear from said estimates 
necessary to support said institution until the expiration of 
the ensuing quarter. 

Emergency. § 3. That inasmuch as there will be funds needed to 

meet the ordinary expenses of the said institution, before 
the first day of July, eighteen hundred and seventy-one : 
therefore an emergency exists requiring that this act should 
go into effect immediately. This act shall take effect and be 
in force from and. after its passage. 
Approved March 29, 1871. 



In force March AN ACT making appropriations for the support of the Illinois Institution for 
29, 1871. Feeble Minded Children, from March 1st, 1871, to July 1st, 1873.' 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That the sum 

Appropriation, f twenty-three thousand dollars ($23,000) per annum is 

ordinary ex- , . •> . , _ , „ , • -» r i • i , i 

penses. hereby appropriated from the first ot March, eighteen nun- 



APPROPRIATIONS. 141 



dred and seventy-one (1871), to the first of July, eighteen 
hundred and seventy-three (1873), for ordinary expenses 
for the Illinois Institution for the Education of Feeble insurance. 
Minded Children, also, the sum of five hundred ($5 ( ~>0) dol- 
lars per annum for insurance and furniture from March first, 
eighteen hundred and seventy-one (1871), to July first, 
eighteen hundred and seventy-three (1873), is hereby ap- 
propriated for the same institution, and said sums shall be 
paid quarterly out of the state treasury. The said quarterly 
installments shall be paid in advance : Provided that after vouchers to be 
payment for one quarter has been made, no further war- ^ ei Wlth audi - 
rants shall be issued in favor of said institution until satis- 
factory vouchers shall have been filed with the auditor of 
public accounts, by the superintendent of said institution, 
approved by the trustees, showing in detail the amount and 
nature of each and every expenditure made out of the pre- 
ceding quarterly installment of said appropriation, verified 
by the affidavit of said superintendent. 

§ 2. The auditor of public accounts is hereby authorized Auditor to 
and required to draw his warrants on the treasurer of state draw warran s - 
for the said sums, upon orders of the Board of Directors of 
the Illinois Institution for the Education of the Deaf and 
Dumb, signed by the president, and attested by the secre- 
tary of said board, with the seal of the institution, until said 
institution is incorporated, and a separate board of trustees 
are appointed for it. 

§ 3. That inasmuch as there are no funds with which Emergency. 
to maintain and support the institution, therefore an emer- 
gency exists, requiring that this act go into effect immedi- 
ately, 

§ 4. This act. shall take effect and be in force from and 
after its passage. 

Approved March 29, 1871. 



AN ACT to authorize and empower the copying of the original field notes of in force July 1, 
the United States surveys, of the state of Illinois, transferred from the sur- 18T2. 

veyor general's office to the state, under an act of congress of the United 
States, and to make an appropriation for the payment of the expenses thereof. 

"Whereas the original field notes of the United States Preamble, 
surveys, described in the title of this bill, made in the year 
A. D. one thousand eight hundred and six and thereafter, 
are now, many of them, nearly illegible by reason of the 
lapse of time and the imperfection of the materials used in 
recording; and whereas the boundaries of counties and the 
location of all the lands of the state of Illinois, are depend-. 
ent on said field notes for the evidence of their location; 
therefore, 



142 APPROPRIATIONS. 



Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That the cus- 

custodian to todiati of the field notes, maps and plats of the United 

make copies. States surveys of the state of Illinois, be and hereby is au- 
thorized, empowered and directed, with reasonable dispatch, 
to make or cause to be made full and correct copies of the 
aforesaid field notes of the United States surveys now in 
his said office ; said custodian shall use the best of India 
ink in copying. 

To be compared § 2. The field notes shall, when copied, be carefully 
examined, compared and certified as a true and correct 
copy by said custodian, and said copies and abstracts there- 
from shall be competent evidence in all courts of said state. 

Evidence, And said copies shall remain in the office of said custodian. 

Eees. § 3. That the fees for the services aforesaid, when per- 

formed by said custodian, shall be for each township or 
fractional township, the sum often dollars. 

Appropriation. § 4. The sum of five thousand dollars, or so much there- 
of as may be necessary, is hereby appropriated, to carry out 
the provisions of this act. 
Approved January 10, 1872. 



In force July 1, AN ACT making appropriations for the Illinois Industrial University. 
1871. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Appropriations sums hereinafter mentioned be and the same are hereby ap- 
propriated to the board of trustees of the Illinois Industrial 
University : 
For erectfon of For the erection of a main building at a cost not exceed- 
main building. j no . one hundred and fifty thousand dollars when completed, 
to contain a hall for public exercises, the library, geological, 
zoological and botanical rooms, and rooms for lectures and 
class exercises, and offices, the sum of seventy-five thou- 
sand dollars. 
For mechanical For the erection of a building for the mechanical depart- 
department. me nt, at a cost not exceeding the amount hereby appro- 
priated when completed, to contain the rooms necessary for 
instruction in mechanical science and military tactics, for 
collections of models, workshops, and other necessary rooms, 
and for furniture and apparatus for the same, the sum of 
twenty-five thousand dollars, 
chemical and For chemical and mining apparatus and furniture, and 
mining appara- books for chemical department, the sum of five thousand 
five hundred dollars, for two years. 



APPROPRIATIONS. 143 



For the horticultural department, for the additional seeds, Horticuitara. 
trees, and labor for the forest plantations, the sum of seven- epar men ' 
teen hundred and fifty dollars per annum, for two years. 

For the agricultural department, for the expenses of Held Agmuitura. 
and other experiments, and for expenses of the annual de P anment - 
courses of agricultural lectures held in various parts of the 
state, the sum of three thousand dollars per annum, for two 
years. 

For apparatus and books for instruction in agriculture Apparatus and 
and the mechanic arts, and the various branches of learning bouks - 
relating to the same, the sum of live thousand dollars per 
annum, for two years. 

§ 2. The auditor of state is hereby authorized and di- Auditor to 
rected to draw his warrant upon the treasurer ot the state Iaw wa 
for the appropriations for building, in favor of the parties to 
whom the satne may be due, upon proper vouchers, certified 
as correct by the trustees or a majority of them, and ap- 
proved by the governor ; and for the other appropriations 
herein, upon the order of the board of trustees, or a ma- 
jority of them, and the approval of the governor : Provided, 
that no sum greater than five thousand dollars shall be 
drawn at one time, for other than building purposes: And, 
provided, further, that a second warrant shall not be drawn 
until satisfactory vouchers shall have been approved by the vouchers to 
governor, and filed with the auditor, showing that all sums be flled ' 
previously drawn have been properly expended, and for the 
purpose for which the same was appropriated. 

§ 3. For the construction of said buildings, the trustees Trustees shall 
shall not obligate the state for the payment of any sum of state. lga e 
money in excess of appropriations made for that purpose; 
and said trustees shall, before either or any portion of the 
appropriations for building purposes shall be expended, 
cause to be prepared a full and complete set of plans and 
specifications of the entire proposed buildings, which shall 
be accompanied by estimates carefully made of the cost 
thereof, which shall be considered at a regular meeting of 
the board, and by them approved, when it shall be submit- Governor to 
ted to the governor for his approval. In case he approves approve p ans - 
the same, a copy of said estimates shall be filed in the au- 
ditor's office, when such appropriations may be expended. 

Approved April 15, 1871. 



3 44r APPROPRIATIONS. 



In force April AX ACT appropriating money to pay deficiencies of appropriation for the cur- 
4, 1871. rent expenses of the Illinois State Hospital for the Insane, located at Jack- 

sonville, Illinois, and to defray the current expenses of said hospital, to 
make repairs and improvements, to procure new boilers, construct boiler 
and wash-house, and furnish with necessary fittings, and for insurance and 
library. 

Section 1. Be it enacted by the People of the State of 
. Illinois, represented in the General Assembly, That for the 

Appropriation purpose of paying the deficiencies on former appropriations, 
for deficiencies. ar i$ing from the increase in the number of patients during 
the last two years in the Illinois State Hospital for the In- 
sane, located at Jacksonville, Illinois, the sum of twenty- 
two thousand dollars and three cents ($i2,000 03) be and is 
hereby appropriated to said hospital, payable out of the 
treasury of this state, on the passage of this act. 

For ordinary § 2. For the purpose of defraying the ordinary expenses 
expenses. Q f ga ^ hogpjtaj f r0 m the first day of December, one thou- 

sand eight hundred and seventy, to the first day of July, 
one thousand eight hundred and seventy-three, the said 
hospital shali be and is hereby authorized to receive from 
the state treasury, during said term, the sum of one hundred 
thousand dollars per annum, payable quarterly, in advance: 
Provided, that after the first quarterly installment shall 
have been drawn from the state treasury, under the provi- 
sions of this section, no further warrants shall be issued in 

vouchers to be favor of said hospital until vouchers shall have been filed 
to" W1 au " with the auditor of public accounts, by the superintendent 
of the said hospital, showing in detail the amount of money 
already expended, and tor what purpose the said expendi- 
tures were made, verified by the affidavit of said superin- 
tendent. 

Repairs and § 3. That for the purpose of making repairs and im- 
lmprovemen s. p rovemen f gj foe sum of five thousand ($5000) dollars be 
and hereby is appropriated to said hospital, payable out of 
the treasury, as required for use ; also, the further sum of 
ten thousand dollars, for procuring new beds, bedding and 
furniture ; also, the further sum of twenty thousand dollars, 
for procuring new boilers, constructing boiler and wash- 
house, and furnishing necessary fittings, payable out of the 
treasury, when required for use ; also, the further sum of 
fifteen hundred ($1500) dollars per annum, for insurance, 
and the sum of two hundred and fifty ($250) dollars, for 
patients' library. 
Auditor to § 4. The auditor of public accounts is hereby authorized 

raw warran . ^^ re q U j rec | j- d raw hjg warrant upon the treasurer for 

the said sums, upon order of the board of trustees of the 
Illinois State Hospital for the Insane, signed by the presi- 
dent and attested by the secretary of said board, with the 
corporate seal of the institution. 



APPROPRIATIONS. 145 



§ 5. Inasmuch as a portion of the sums hereby appro- Emergency. 
priated are required for immediate use, in the liquidation 
of indebtedness already incurred, and in defraying the daily 
expenses of said hospital, this act shall take effect and be in 
force from and after its passage. 

§ 6. This act shall be a public act. 
-Approved April 4, 1871. 



AN ACT to provide an additional water supply at the Hospital for Insane, In force July 1, 
located at Jacksonville, Illinois. 1872. 

"Whereas the drought of the past season has demonstra- p re ambie. 
ted that the present reservoir for water at the hospital for the 
insane, located at Jacksonville, is of insufficient capacity to 
meet the wants of that institution, and recognizing the great 
importance of a full supply of water, at all times, for the 
safety of the buildings from fire, as well as for the comfort 
and successful treatment of its inmates ; therefore, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That for the Appropriation. 
purpose of building an additional reservoir, the sum of five 
thousand ($5000) dollars be and is hereby appropriated to 
said hospital, payable out of the treasury of this state, as is 
required for use. 

| 2. The auditor of public accounts is hereby authorized Auditor to 
and required to draw his warrant upon the treasurer for the 
said sum, upon orders of the board of trustees of the Illinois 
State Hospital for the Insane, signed by the president and 
attested by the secretary of said board, with the corporate 
seal of the institution. 

Approved March 29, 1872. 



AN ACT supplementary to an act entitled "An act appropriating money to In force July 1, 
pay deficiencies of appropriations for the current expenses of the Illinois 187 1- 

Hospital for the Insane, located at Jacksonville, Illinois, and to defray the 
current expenses of said hospital, to make repairs and improvements, to 
procure new boilers, construct boiler and wash house and furnish with neces - 
sary fittings, and for insurance and library, and appropriating money to 
meet deficiencies in said appropriation." 

"Whereas the second section of the act to which this is Preamble. 
supplementary, provides that "For the purpose of defray- 
ing the ordinary expenses of said hospital, from the first 
day of December, eighteen hundred and seventy, to the 
first day of July, eighteen hundred and seventy-three, the 
—15 



146 APPROPRIATIONS. 



said hospital shall be and is hereby authorized to receive 
from the state treasury, during said term, the sum of one 
hundred thousand dollars per annum ;" and whereas, the 
hospital had received from the state treasury, under the act 
of March twenty-fourth, eighteen hundred and sixty-nine, 
for current expenses of said hospital, for the fiscal quarter 
ending February twenty-eight, eighteen hundred and sev- 
enty-one, the sum of twenty-two thousand five hundred 
dollars, and the auditor of public accounts decided that the 
amount paid to said hospital under act of eighteen hundred 
and sixty-nine should be considered in making payment for 
the quarter ending February twenty-eight, eighteen hundred 
and seventy-one, under the act of April fourth, eighteen 
hundred and seventy-one ; and whereas, a deficiency of 
twenty-five thousand dollars in current expenses of said 
hospital for said quarter will exist, if said hospital does not 
receive twenty-five thousand dollars for that quarter, in ad- 
dition to the appropriation of eighteen hundred and sixty- 
nine ; therefore, 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That for the 

Appropriation P ur P ose of paying the current expenses of said hospital for 

for current ex- the fiscal quarter commencing: December first, eighteen hun- 
dred and seventy, and ending February twenty-eight, eigh- 
teen hundred and seventy-one, there is hereby appropriated 
the sum of twenty-five thousand dollars to said institution, 
which amount shall be in lieu of the appropriation made 
for said quarter in the act to which this is supplemental. 
Auditor to § 2. The auditor of public accounts is hereby authorized 

draw warrant. to ^ raw his warran t on the state treasurer for the amount 
herein appropriated, upon the order of the board of trustees 
of the Illinois State Hospital for the Insane, signed by the 
president and attested by the secretary of said board, with 
the seal of the institution. 
Approved June 14, 1871. 



lD f 6 r i871 April -^ ^- CT makin S appropriations |for the completion of the Northern Insane 
Asylum at Elgin, and for furnishing and maintaining a part of the same for 
1871 and 1872, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That for the 
purpose of completing: the north wing of the northern in- 

Appropnations. r r r & o 

sane asylum, and tor the land purchased therefor, there is 
hereby appropriated the sum of thirty-eight thousand five hun- 
dred and eighty-five dollars and twenty-six cents.. $38,585 26 



APPROPRIATIONS. 147 



For the erection of rear building, including 
engine house, laundry, kitchen and chapel, as 
per plans, the sum of forty-eight thousand live 
hundred dollars - $48,500 00 

For heating apparatus, engine, pumps, 
kitchen and laundry apparatus, with water 
pipes to connect with those already provided 
for in the north wing, and gas works, the sum of 
twenty-six thousand eight hundred dollars 26,800 00 

For reservoir, sewers and air ducts, the 
sum of seven thousand five hundred dollars. . 7,500 00 

For fencing, grading, trees, farming stock, 
utensils and seed, the sum of eight thousand 
dollars 8,000 00 

For furniture, bedding, tables, etc., for one 
hundred and fifty patients, at $60 each, the 
sum of nine thousand dollars 9,000 00 

For current expenses in maintaining one 
hundred and fifty patients for one year-at $225 
each, the sum of thirty-three thousand seven 
hundred and fifty dollars 33,750 00 



Total $172,135 26 

The foregoing amounts to be paid as hereinafter provided, How to be paid, 
from any moneys now or hereafter in the treasury, not 
otherwise appropriated, and to be included in the tax levy 
of 1871. Said money to be paid by the auditor upon 
requisition of the trustees, approved by the governor, but 
each requisition shall be accompanied by the cash account 
to date of the treasurer of the board of trustees, and the 
estimate of the architect or superintendent of the amount 
necessary for the ensuing one or two months, and no requi- 
sition shall be for more money than is required for two 
months' expenditure. 

§ 2. Whereas it is necessary, in order to make payments Emergency. 
due upon the lands of this institution and to proceed with 
the said buildings, that this act shall take effect prior to the 
first day of July next, this act is hereby declared an emer- 
gency act, and shall be in force from and after its passage. 

Approved April 6, 1871. 



148 



APPKOPRIATIONS. 



In force July 1, AN ACT making appropriations for the completion of the Northern Hospital 
1872. an d Asylum for the Insane, at Elgin, and for furnishing the chapel, main 

building and south wing thereof, and for repairing and erection of cottages 
for the reception of patients, and for other items. 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in-the General Assembly, That for the 

Appropriations purpose of erecting the central building of the said northern 

b uiidin2! r etc. mg asylum, according to the plans and specifications heretofore 

adopted, there is hereby appropriated — 

For sewerage, five thousand five hundred dollars ($5,500) 

For furnishing chapel with seats, books, desk and organ, 
nine hundred and sixty dollars ($960). 

For erecting ice house and meat cellar therein, one thou- 
sand dollars ($1,000). 

For drug stock and fixtures, one thousand dollars ($1,000). 

For the erection of a barn at hospital, one thousand five 
hundred dollars ($1,500). 

For moneys advanced for railroad freight, and not paid 
by the city of Elgin, six thousand dollars ($6,000). 

For gas fixtures for rear building, including chapel, six 
hundred and fifty dollars ($650). 

For same for north wing, five hundred and fifty dollars 
($550). 

For extra on four feet in hight of one section of north 
wing (agreed), four hundred dollars ($400). 

For repairing damage to roof by tornado, six hundred 
and fifty dollars ($650). 

For railroad track under building, three hundred and 
fifty dollars ($850). 

For brick and carpenter's work, for setting heating coils 
for north wing, seven hundred dollars ($700). 

For plumbing work, extra, one hundred dollars ($100). 

For lightning rods, six hundred and fifty dollars ($650). 

For refunding expense of bringing water from spring, 
two thousand two hundred and fifty-seven dollars and 
twenty-four cents ($2,257 24.) 

For deficiency in heating and gas works, including three- 
fifths of boilers for the entire building, costing, over the 
appropriation therefor, four thousand four hundred dollars 
($4,400). 

For carpenter's work, fitting up the drying room, four 
hundred and twenty-five dollars ($425). 

For the erection of temporary connection and passage 
from rear building to north wing, two hundred and forty 
dollars ($240). 
How paid. § 2. The foregoing amounts to be paid as hereinafter 

provided, from any moneys now or hereafter in the treasury, 
not otherwise appropriated ; said money to be paid by the 
auditor upon requisition of the trustees approved by the 
governor ; but such requisition shall be accompanied by the 



APPROPRIATIONS. 149 



cash account to date, of the treasurer of the board of trus- 
tees, and the estimate of the architect or superintendent, of 
the amount necessary for the ensuing one or two months ; 
and no requisition shall be for more money than is required 
for two months' expenditures. 

§ 3. The appropriation heretofore made for the main- Appropriation 
tenance of one hundred and fifty patients, from the first day ofpatienteT 1106 
of November, in the year of our Lord one thousand eight 
hundred and seventy-one, to the first day of January, in 
the year of our Lord eighteen hundred and seventy-three, 
shall be and is hereby appropriated, to be used for the main- 
tenance of a like number of patients under the same rules 
and limitations, from the first day of April, in the year of 
our Lord eighteen hundred and sevent3 7 -two, to the end of 
the first fiscal quarter after the adjournment of the next reg- 
ular session of the general assembly. 

§ 4. The trustees of the said hospital are hereby author- Trustees to sen 
ized and required to sell, as soon as it can be done advan- Bur P lus lands - 
tageously, all the surplus lands belonging to said institution, 
so as to reduce the amount of land to the quantity actually 
required for the proper management of the institution and 
the judicious employment of its inmates ; the said sale or 
sales of land to be approved by the governor ; and the pro- 
ceeds of such sales shall be immediately paid into the state 
treasury. 

Approved April 9, 1872. 



AN ACT to make an appropriation to complete the north wing of the Southern in force Dec. 8, 
Insane Asylum. 1871 . 

Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly ', That Appropriations, 
the sum of sixty-five thousand ($65,000) dollars is hereby 
appropriated, to be used for the completion of the building 
designated as the north wing of the Southern Insane Asy- 
lum, located at Anna, Illinois. 

§ 2. The above appropriation to be paid out of any how paid. 
moneys in the treasury, not otherwise appropriated, upon 
the warrant of the auditor of public accounts on the state 
treasurer, to be issued upon the requisition of the commis- 
sioners appointed to construct the same, which shall be ap- 
proved by the governor : Provided, that no such warrant 
shall be drawn for an amount greater than the sum of ten 
thousand dollars, and that after the first payment shall have 
been made, no further warrants shall be issued until satis- vouchers. 
factory vouchers are filed in the office of auditor of public 
accounts, approved by the board of trustees, showing each 
and every expenditure made from the last appropriation, 



150 APPROPRIATIONS. 



nor until the sum total of such expenditures shall show a 
balance of not exceeding five hundred dollars on hand of 
said last appropriation : And, provided, further, that this 
appropriation shall take the place of the appropriation in- 
tended to have been made by a bill for "An act to appro- 
priate funds for the continuance of the work upon the 
Southern Insane Asylum, located at Anna, in the state of 
Illinois," which had passed both houses of this general as- 
sembly, on the seventeenth day of April, eighteen hundred 
and seventy-one, but failed to reach the governor prior to 
the meeting of this adjourned session. 
Emergency. § 3. Whereas said building is now partially constructed, 

and it is necessary the same should be completed as soon as 
possible, and there being no appropriation made to com- 
plete the same, an emergency exists requiring this act to 
take effect immediately : therefore this act shall take effect 
and be in force from and after its passage. 
Approved December 8, 1871. 



In force 'Julyl, AN ACT to make an appropriation to construct and complete the Southern In- 
* 872 - sane Asylum, at Anna, and for furnishing the same. 

Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That 

Appropriation, tor the purpose of erecting and completing the Southern 
Insane Asylum, in accordance with the plans and specifica- 
tions heretofore adopted, and for furnishing a portion of the 
same for the reception of patients, the following sum of 
money be and the same is hereby appropriated, viz : one 
hundred and forty-three thousand dollars. 

How paid. § 2. The amount before specified shall be paid from any 

moneys in the treasury not otherwise appropriated, and 
shall be paid by warrants issued by the auditor of public 
accounts on the treasurer of state, but no warrants shall be 
issued until the commissioners to construct said institution 
shall make a requisition for such amount as may be neces- 
sary, and all such requisitions shall be approved by the gov- 
ernor. Every requisition shall only be for the amount ne- 
cessary to be expended for the two months next ensuing the 
date of such requisition, and shall be accompanied by a 
statement from the treasurer of the board of commissioners, 
showing the amount of money on hand and the manner in 
which the sum last drawn was expended, or so much there- 
of as has been expended, and no warrant shall be issued if 
it appears from said statement that there is an unexpended 
balance of five thousand dollars remaining in the hands of 
said treasurer. 



APPROPRIATIONS. 151 



S 3. The commissioners appointed to construct the said commissioners 

o ,1 ,i -I j . j , „' to sell surplus 

asylum are hereby authorized and required to sell, as soon i an a. 
as it can be advantageously done, all the surplus lands be- 
longing to the said asylum, so as to reduce the amount' of 
land to the quantity actually required for the proper man- 
agement of the institution and the judicious employment 
of its inmates, the said sale or sales to be approved by the 
governor ; and the proceeds thereof shall be paid into the 
state treasury. 

Approved April 9, 1872. 



AN ACT to establish the salary of the Lieutenant-Governer. In force Dec. 22, 

1871. 

Section 1 . Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
lieutenant-governor of this state shall receive a salary of 
twelve hundred dollars per arraum, said salary to commence 
on the eighth day of August, in the year of our Lord one 
thousand eight hundred and seventy, and be paid to him in 
quarter-annual installments, on the warrant of the auditor 
of state, out of any moneys not otherwise appropriated. 

§ 2. Whereas, by the constitution, no pay can be re- 
ceived by him until his salary is fixed by law, and it is 
proper that he should receive pay at the time of the per- 
formance of his duties as such officer, whereby an emer- 
gency has arisen : therefore, this act shall take effect and be 
in force from and after its passage, and that this law con- 
tinue in force until January first, one thousand eight hun- 
dred and seventy-three, and no longer. 

Approved December 22, 1871. 



AN ACT to appropriate money to the State Normal University for the next In force July 1, 

two years. 1871 * 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the fol- Appropriations. 
lowing sums of money be and they are hereby appropriated, 
and directed to be annually paid to the Board of Education 
of the State of Illinois, for the maintenance of the State 
Normal University, to-wit : 

For salaries, in addition to the income from the college salaries. 
and seminary fund, nine thousand dollars. 

For library of books of reference, seven hundred and Library, 
fifty dollars. 



152 



APPROPRIATIONS. 



Repairs. 
Grounds. 
Museum. 



Expenses of 
board of educa- 
tion. 

Fuel. 

Janitor's sup- 
plies. 

Chemicals and 
apparatus. 

College and 
seminary fund. 



To be paid 
quarterly in ad- 
vance. 



Appropriation 
for fences, etc. 



Boiler, etc. 



Vouchers 
b« filed. 



to 



For ordinary repairs, one thousand dollars. 

For care of grounds, two hundred and fifty dollars. 

For improving the museum and salary of curator, two 
thousand five hundred dollars : Provided, that the money 
appropriated in this bill for the payment of the salary of a 
curator, or for the support of the museum, shall not be paid 
until the state natural history society shall have relin- 
quished all its rights and title in and to said museum to the 
state of Illinois, in such manner as may be approved by the 
governor. 

For expenses of members of the board of education, five 
hundred dollars. 

For fuel, seven hundred and fifty dollars. 

For janitor's supplies, one hundred dollars. 

For chemicals and apparatus, fifteen hundred dollars. 

For twenty-three twenty-fourths of the interest due from 
the state on the college and seminary fund, twelve thousand 
four hundred and forty-four dollars and ninety-nine cents. 
And that the sums of money appropriated in this section 
shall be paid quarterly in advance, by the treasurer of the 
state, upon the warrant of the* auditor of public accounts. 

§ 2. That the sum of twelve hundred dollars be and the 
same is hereby appropriated, for the purpose of erecting a 
suitable and sufficient fence around the university grounds, 
for the protection of the grounds, and of the improvements 
thereon. That the sum of four thousand dollars be and the 
same is hereby appropriated, for the purpose of procuring 
a new boiler, and for improvements in the heating appa- 
ratus and the ventilation. And that the sums of money 
appropriated in this section shall be paid by the treasurer of 
the state out of any money in the treasury not otherwise 
appropriated, upon the warrant of the auditor of public 
accounts of the state of Illinois, to be issued in favor of the 
parties to whom the same is due : Provided, that satisfac- 
tory vouchers, certified by the board of education, approved 
by the governor, shall first be filed with the auditor, showing 
that it was expended only for the purpose for which the 
same is hereby appropriated. 

Approved April 14, 1871. 



In force July 1, AN ACT to provide for an investigation of the discipline, management and 
1871. financial condition of the State Penitentiary, and to make an appropriation 

to pay the expenses thereof. 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That a com- 

committee. mittee, to consist of two members of the senate and three 

members of the house of representatives, to be appointed as 



APPROPRIATIONS. 153 



may be provided by the rules of the senate and. house of 
representatives, or by the separate order of each house, or 
by a joint concurrent resolution of both branches of the 
general assembly, as may be hereafter determined, is hereby 
created to investigate the management, discipline and 
financial condition of the State Penitentiary. 

§ 2. The said committee shall assemble on some day to organization 
be hereafter designated by the majority thereof, and before of committee - 
the tenth day of July, one thousand eight hundred and 
seventy-one, and at the senate chamber in the city of 
Springfield, and organize by electing one of their number 
as chairman, and by appointing a secietary (who shall also 
be reporter), and after such organization notify the gover- 
nor thereof ; and it shall thereafter be the duty of the Governor and 
governor and all other state officers, and of the officers, £^7^ 
agents, and employes of the penitentiary to furnish to said P ers - 
committee, at its request therefor, copies of all requisitions, 
orders, receipts, vouchers, official letters, correspondence, 
and other papers or books in their possession or under their 
control, that relate to the discipline, management, or finan- 
cial condition or affairs of said penitentiary ; and if required 
so to do, shall submit any original paper or book in their 
possession to said committee, for its inspection, and also 
furnish all information in their possession to said committee, 
that may relate, in any way, to the said penitentiary, or 
its management, when required so to do. 

§ 3. After said committee is organized as aforesaid, it sessions of the 
shall have power to hold its sessions either at Springfield committee - 
or at the penitentiary, and it shall have the power to ex- 
amine all books, papers, vouchers, receipts, or other ihing 
that may belong to the penitentiary, or that relates to its 
business or management, and it shall be the duty of every 
officer, agent or employe of said penitentiary to aid the 
said committee in the prosecution of its duties, as may be 
required by said committee. 

§ 4. Said committee shall have power to compel all per- Powers of com- 
sons to appear before them, and give evidence touching the nuttee - 
management, discipline, government, and the financial 
affairs and business of the penitentiary, and to require any 
and all persons to produce to said committee, for examina- 
tion, any and all books and papers that relate thereto, and 
the chairman of said committee, for the time being, shall 
have full power and authority to administer oaths, and any 
person who shall swear falsely, touching any material fact 
before said committee, shall be deemed guilty of perjury, 
and shall be punished accordingly. 

§ 5. For the purpose of compelling the appearance of chairman of 
persons, and the production of books and papers before said f° m ™ ittee to 

r . ' , r . f i ii • i • issue summons. 

committee, the chairman thereot shall issue his summons, 
in which shall be stated the time and place for the appear- 
ance of such person, or the production of such books and 
—16 



154 APPROPRIATIONS. 



papers (if any), and a brief description of any such books 
or papers required; and such summons shall be served by 
any sheriff or other officer of this state, or by any person to 
be designated by the said chairman, by indorsement on 
said summons, and the manner of service shall be by the 
delivery of a copy thereof to the party named therein, or 
by leaving such copy at his usual place of abode, with some 

Refractory wit- member of his family ; and any person served with such 
summons in manner aforesaid, not less than three days be- 
fore the time fixed therein for his or her appearance, who 
shall tail or refuse to appear before said committee, or shall 
fail or refuse to produce any book or paper required as 
aforesaid, or who shall willfully refuse to answer any ques- 
tion propounded to him or her, by or uuder the direction of 
said committee, in relation to the business or management 
of said penitentiary, its discipline, government or financial 
condition, or in relation to any of the acts or conduct of any 
of its officers, agents or employes, shall be subject to in- 
dictment in the circuit court of Sangamon or Will county, 
as the case may be, and upon conviction shall pay a fine of 
not less than twenty nor more than one thousand dollars, 
and shall stand committed until the fine and costs are paid, 
conduct of § 6. If any person shall misbehave him or herself in 
the presence of said committee when in session, or shall, 
after due service of summons to appear before said com- 
mittee, without sufficient excuse (to be determiued by said 
committee by vote, to be entered upon the minutes of its 
proceedings), fail or refuse to appear before said committee, 
or to produce any papers in his or her possession, or under 
his or her control, when required so to do, or shall refuse 
to answer any question propounded to him or her, by or 
under the order of said committee, in relation to the busi- 
ness or management of said penitentiary, its discipline, 
government or financial condition, or in relation to the acts 
or conduct of any of its officers, agents or employes, he or 
she shall be deemed guilty of contempt, and shall be fined 
as provided in section live of this act. 
Appropriation § 7. A sum not exceeding five thousand dollars is here- 

for expenses. D y appropriated for the payment of the expenses of said 
investigation, and the auditor shall draw his warrant upon 
the treasurer for the payment of such expenses, upon the 
. certificate of the chairman of this committee. The members 
of said committee shall be paid the sum of five dollars per 
day, for the time actually and necessarily employed, to be 
certified by the chairman of said committee ; and the said 
committee shall make a full and complete report of the tes- 
timony so taken, as aforesaid, to this house at its adjourned 
session, 
claims against § 8. It shall be the duty of said committee to audit the 

penitentiary. c l a i m8 against said penitentiary, which have been incurred 
np to the first day of April, in the year of our Lord one 



APPROPRIATION'S. 155 



thousand eight hundred and seventy-one, and when so au- 
dited shall submit each claim, with the evidence thereof, to 
the next session of the general assembly. 

§ 9. Three of said committee shall constitute a quorum, 
and no vote shall be declared affirmatively without the con- 
currence of a quorum ; and in the absence of the chairman 
of said committee, the committee may choose a temporary 
chairman, who, for the time being, shall have all the pow- 
ers and perform all the duties of the chairman. 

8 10. The warden shall dispose of such machinery, stock warden to dis- 

i r iL ,.- u " x P ose °f unne- 

and assets ot the penitentiary as may be unnecessary for cessary stock. 
the proper employment of the convicts, and the manage- 
ment of the prison, at such time and in such manner as the 
committee may direct, and pay the proceeds thereof into 
the treasury of the state. 
Approved June 10, 1871. 



AN ACT to legalize the payment by the governor of certain funds belonging In force July 1, 
to the state to the penitentiary commissioners. 1872. 

By reference to the governor's message to the present Preamble, 
general assembly the history of such payment and the char- 
acter of the funds used will appear; and, whereas, the use 
of said funds was without authority of law, but believing 
that the same was justifiable and in good judgment ; there- 
fore, 

Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That the Act of governor 
said act of the governor is hereby legalized, and upon his le g allzed - 
presenting to the auditor a proper voucher from the peni- 
tentiary commissioners for the amount ($39,0u0), the audi- 
tor shall issue a special warrant, directing the treasurer to 
make such entries on his books as will show the credit to 
the governor of said sum, as having been received by him 
from the United States, and said auditor shall charge the 
amount to the penitentiary. 

Approved January 22, 1872. 



AN ACT to provide for the payment of deficiency of former appropriations for In force July 1, 
the current expenses of the Illinois State Penitentiary. 1872. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That for Appropriation 
the purpose of paying the deficiencies on former appropria- for ^ eficieucies - 



1 56 APPROPRIATIONS. 

tions for maintaining the penitentiary, the sum of one hun- 
dred and seventy five thousand dollars, or so much thereof 
as may be necessary, be and is hereby appropriated to pay 
all debts due from said penitentiary, contracted on or be- 
fore the eighth day of August, in the year of our Lord 
eighteen hundred and seventy, (the time when the new con- 
stitution was adopted,) to be paid to the persons to whom 
the same is due, upon vouchers certified to be correct by 
the chairman of the committee appointed to investigate the 
affairs of said institution and audit said claims, and by the 
warden of the penitentiary. 
„ , | 2. That each claimant shall be allowed the amount 

Claims allowed. _ ° - n . , . , , . . 

found due, including interest, by the joint committee oi 
investigation into the affairs of the Illinois State Peniten- 
tiary, appointed under an act entitled " An act to provide 
for an investigation of the discipline, management and finan- 
cial condition of the Illinois State Penitentiary," approved 
June tenth, eighteen hundred and seventy-one, and reported 
by said committee to this general assembly, with six per 
cent, interest per annum until the same is paid. 
Auditor to § ^' r -^ ne au ditor is hereby authorized and required to 

draw warrant, draw his warrant on the treasurer, in favor of the persons 
holding said claims, for the amount certified as above pro- 
vided, to the amount of the sum herein appropriated — to be 
paid out of any money in the state treasury not otherwise 
appropriated. 
warden to re- § *• That for the purpose of paying the claims or part 

tainproceeds of f claims furnished or contracted for since the adoption of 
the present constitution, with interest as provided in section 
two of this act, the warden is authorized to retain in his 
hands a sufficient amount of the proceeds from the tales of 
such machinery, stock and assets of the penitentiary, as are 
unnecessary for the management of the same, as provided 
in section ten of "An act to provide for the investigation 
of the penitentiary," approved June sixteenth, eighteen 
hundred and seventy-one, to be paid to the claimants upon 
vouchers certified to by the chairman of said committee. 
" , ., ^ b. In order that the last mentioned class of claims be 

W av en to P6il ** 

machinery and paid at as early a day as possible, the warden is hereby di- 
rected to sell said machinery and stock, as well as all other 
such unnecessary property, accumulating from time to time, 
as speedily as practicable, and realize from the assets by 
sale, compromise and collection, in the most expeditious 
and economical manner, keeping an accurate account of all 
such collections and sales; and after paying said claims, 
shall pay the balance, with all the surplus earnings of the 
penitentiary, into the state treasury, to be placed to the 
credit of the penitentiary as the " Penitentiary fund," which 
may be drawn therefrom upon the order of the warden, 
approved by the governor, to meet any unexpected demand 



APPROPRIATIONS. 157 



upon the management, or for necessary repairs or improve- 
ments. 

Approved March. 1, 1872. 



AN" ACT making appropriations for the State Reform School. In force July 1, 

187L 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That there be Appropriations 
and is hereby appropriated out of any money in the treas- 
ury of the state of Illinois, not otherwise appropriated, the 
following sums of money for the uses of the State Reform 
School, located at Pontiac, Illinois, to-wit: To pay the 
present indebtedness of the said State Reform School, the 
sum of thirty thousand and three hundred and twenty-four 
dollars and thirty-two cents. For the purpose of purchasing 
live stock and tools to be used upon the farm connected 
with said institution, the sum of five thousand dollars. For 
furnishing the building for the reception of inmates, ten 
thousand dollars. For outbuildings, fences and barn, live 
thousand dollars. To defray the current expenses of the 
said reform school, there is hereby appropriated the sum of 
twenty five thousand dollars per annum for two years. 

§ 2. The auditor of state is hereby authorized and di- Auditor to 
rected to draw his warrant upon the treasurer of the state 
of Illinois, for the first sum above appropriated, in favor of 
the parties to whom the same is due, upon proper vouchers 
approved by the trustees, and for the other sums herein ap- 
propriated, on the order of the trustees, for the uses of the 
State Reform School : Provided, that no sum greater than 
five thousand dollars shall be drawn at one time (but not to 
apply to said first sum herein appropriated) And provided, vouchers to be 
further, that a second warrant shall not be drawn until sat- 
isfactory vouchers shall have been approved by the gover- 
nor, and filed with the auditor, showing that all sums pre- 
viously drawn have been properly expended, and for the 
purpose for which the same was appropriated, which shall 
be verified by the affidavit of the proper person. 

§ 3. The trustees of the said State Reform School are Funds in hands 
hereby directed and required to pay into the treasury of the oflatetreasurer - 
state of Illinois, as fast as it is collected, the sum of fifty- 
three thousand six hundred and sixty-nine dollars, the same 
being the amount now in the hands of Jonathan Duff, late 
the treasurer of the said reform school. 

§ 4. This act shall take effect and be in force from and 
after the first day of July, 1871. 

Approved April 15, 1871. 



158 APPROPRIATIONS. 



In ^iot^ 1117 1 ' ^ ACT t0 make an a PP ro P riation t0 P a y tlie debts of tlie State Reform School. 

Preamble. Whereap, by an act of the general assembly, making 1 ap- 

propriation tor the State Reform School, it was ordered 
that the sum of fifty three thousand six hundred and sixty- 
nine dollars (which was part of the amount donated to se- 
cure the location of said school), then in the hands of Jon- 
athan Duff, late treasurer, should be transferred from the 
fund of said school, and when collected to be paid into the 
treasury of the state (a suit for which is now pending against 
the sureties); and whereas the sum that was appropriated 
in lieu thereof, to be used for the payment of the then ex- 
isting indebtedness, was thirty thousand three hundred and 
twenty-four dollars and thirty-two cents, which amount was 
inadequate for the purpose named, and to pay for work 
under contract and since comuleted ; and whereas the per- 
sons to whom the money is due are greatly in need of the 
same, and have been obliged to pay high rates of interest 
on money used in lieu thereof; therefore, 

Section 1. Be it enacted by the People <f the State of 
Illinois, represented in the General Assembly ', That there be 
Appropriations, and is hereby appropriated out of any money in the treas- 
ury not otherwise appropriated : 

To the Gardner Coal Company, the sum of three hun- 
dred and eighty-three dollars and thirty-five cents ($383 35), 
and twenty-six dollars and eighty cents ($26 80) for interest. 

To John H. Bryant, four thousand eighty dollars and 
eighty-nine cents ($4,080 89), and four hundred ninety-two 
dollars and seventy-five cents ($492 75) for interest due 
him. 

To the Bloomington Manufacturing Company, five thou- 
sand thirty-seven dollars and seventy-two cents ($5,037 72), 
and six hundred and eight dollars and twenty-five cents 
($60o 25) for interest due them. 

To Valentine Jobst, eight hundred dollars and seventy- 
one cents ($800 71), and seventy-six dollars twenty-five 
cents ($76 25) for interest. 

To Heafer & McGregor, four thousand seven hundred 
and eighty-five dollars and fifty cents ($1,785 50), and five 
hundred seventy-seven dollars and eighty cents ($577 ?0) 
for interest due them. 

To Kinsey & Mahler, five thousand and twenty-three 
dollars and four cents ($5,023 Of), and six hundred and nine 
dollars forty-five cents ($609 45) for interest. 

To William J. Murphy, one hundred eighty-five dollars 
and ten cents ($185 10) and twenty-six dollars fifty cents 
($26 50) for interest. 

To H. Hill, four hundred and twenty nine dollars and 
fifty cents ($429 50), and forty dollars eighty-five cents 
85) for interest. 



APPROPRIATIONS. 159 



To George Meseersmith, three hundred and fifty-six dol- 
lars and sixteen cents ($356 16), and thirty -two dollars forty- 
five cents ($32 45) for interest. 

To A. Kinsley, one hundred and fifty-seven dollars and 
twelve cents ($157 12), and fourteen dollars forty-five cents 
($1145) for interest, 

To Joseph Crow, ninety one dollars ($91 00), and five 
dollars fifty cents ($5 50) for interest. 

To W. H. Lucas, one hundred and fifty-three dollars and 
seventy cents ($153 70), and twelve dollars sixty-five cents 
($ i 2 65) for interest. 

To Roberts & Neal, one hundred and eight dollars ($108), 
and eleven dollars twenty cents ($11 20) for interest. 

To A. S. Fisher, two hundred and fifty-seven dollars and 
twenty-one cents ($257 21), and seventeen dollars seventy- 
five cents ($17 75) for interest. 

To E. Shrider, one hundred and nine dollars and fifty 
cents ($109 50), and nine dollars thirty cents ($9 30) for 
interest. 

To Charles Pollard, eleven dollars and sixty-two cents 
($11 62), and sixty-eight cents (68c.) for interest. 

8 2. The auditor of public accounts is hereby directed , Auditor to 

, ° , . r . i» . i ■ i draw warrant. 

to draw his warrant upon the treasurer tor the several sums 
specified in the foregoing section, in favor of the persons 
therein named, respectively. 
Approved March 21, 1872. 



AN ACT to make appropriations for the Soldiers' Orphans' Home, and to main- In force April 
tain said institution for the nest two years. 3 > ls71. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That from Appropriation 
and after the first day of March, in the year of our Lord forsu PP° rt - 
eighteen hundred and seventy-one, to the first day of July, 
in the year of our Lord eighteen hundred and seventy- 
three, there is hereby appropriated to the Soldiers' Orphans' 
Home, the sum of fifty thousand dollars per annum for the 
support, education, nurture and care of the children of de- 
ceased or disabled soldiers. 

§ 2. To pay for necessary repairs for same period, the Repairs, 
sum of one thousand dollars per annum is hereby appropri- 
ated. 

§ 3. The trustees are directed to insure said home build- insurance, 
ings, and for the purpose of effecting an insurance, there is 
appropriated the sura, of five hundred dollars per annum. 

§ 4. The following sums are hereby appropriated for the Miscellaneous 
purposes herein specified, viz : For' school building and a PP r °P riaticm9 - 



160 APPROPRIATIONS. 



dormitories, fifteen thousand dollars ; for steam heating ap- 
paratus, with boiler and all attachments complete, the sum 
of twelve thousand dollars; for kitchen, laundry, bakery 
and boiler house, the sum of six thousand dollars; for de- 
ficiency from previous expenditures, not reported nor cov- 
ered by any appropriation, and which had to be met out of 
the moneys designed for the direct support of the home 
for the year of our Lord eighteen hundred and seventy, and 
prior to July first, in the year of our Lord eighteen hun- 
dred and seventy-one — twenty-one thousand two hundred 
and forty-four dollars and eighty-one cents ; for the purpose 
of increasing the library, the sum of five hundred dollars. 
Auditor to § 5. The auditor of public accounts is hereby authorized 
warrant. ^ Q c j raw n j g warran t upon the state treasurer for the said 
sum, for deficiency, in favor of the parties to whom the 
same may be due, upon proper vouchers certified by the 
trustees, or a majority of them, and approved by the gover- 
nor. No indebtedness to be paid from said fund ' except 
that accruing before March first, in the year of our Lord 
eighteen hundred and seventy-one; and for the other sums 
hereby appropriated, upon the request of the treasurer of 
the board of trustees of said institution, signed by the pres- 
ident and attested by the secretary, with the seal of the in- 
stitution: Provided, that no sum greater than ten thousand 
vouchers to dollars shall be drawn at one time: And, provided, fur- 

be filed. ther, that a second warrant shall not be drawn until satisfac- 

tory vouchers shall have been approved by the governor 
and filed with the auditor, showing that all sums previously 
drawn have been properly expended, and for the purpose 
for which the same was appropriated. 

sums collected § 6. That all sums hereafter collected by the trustees 

treasuiT ai<i int ° ^ rom tne ass ets of the institution, shall be paid into the state 
treasury : And, provided, further, that no part of this ap- 
propriation shall be paid until the treasurer shall have exe- 
cuted a bond for not less than twenty five thousand dollars, 
to be approved by the governor. 

Emergency. § 7. . That inasmuch as there will be funds needed to 

meet the ordinary expenses of said institution before the 
first day of July, in the year of our Lord eighteen hundred 
and seventy-one, therefore an emergency exists requiring 
that this act should go into effect immediately. This act shall 
take effect and be in force from and af'er its passage. 
Approved April 3, 1871. 



APPROPRIATIONS. 



161 



AN ACT to make an appropriation for the payment of a portion of the indebt- In force July 1, 
edness of the trustees of the Illinois Soldiers' Orphans' Home, and to provide 18 T1' 

for an investigation into the management and indebtedness of the same. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That there Appropriation. 
be appropriated out of any moneys in the treasury not 
otherwise appropriated, to the trustees of the Illinois Sol- 
diers' Orphans' Home, the sum of eleven thousand nine 
hundred and two dollars and eighty-four cents ($11,902 84),- 
or so much thereof as may be necessary for the payment of 
expenditures made in the support, maintenance and educa- 
tion of soldiers' orphans, and for the other ordinary cur- 
rent expenses of the Illinois Soldiers' Orphans' Home, for 
the months of December, January and February last. 

§ 2. That a committee, to consist of two members of . committee of 
the senate and three members of the house of representa- inves lga lon ' 
fives — to be appointed as may be provided by the rules of 
the said senate and house of representatives, or by the sep- 
arate order of each house, or by a joint concurrent resolu- 
tion of both branches of the general assembly, as may be 
hereafter determined — is hereby created to investigate the 
mar. agem%nt, discipline and financial condition of the State 
Soldiers' Orphans' Home, located at Normal. 

§ 3. The said committee shall assemble, on some day to organization of 
be hereatter designated by the majority thereof, and before committee - 
the tenth day of July, eighteen hundred and seventy-one, 
and at the senate chamber in the city of Springfield, and 
organize by electing one of their number as chairman, and 
by appointing a secretary, who shall also be reporter, and 
after such organization, notify the governor thereof; and it 
shall thereafter be the duty of the governor and all other 
state officers, and of the officers, agents and employes of 
the Soldiers' Orphans' Home to furnish to the said commit- Governor and 
tee, at its request therefor, copies of all requisitions, or- others to furnish 
ders, receipts, vouchers, official letters, correspondence, and 
other papers or books in their possession under their con- 
trol, that relate to the discipline, management or financial 
condition of affairs of said Soldiers' Orphans' Home ; and if 
required so to do, shall submit any original paper or book 
in their possession to said committee for its inspection, and 
also furnish all information in their possession to said com- 
mittee that may relate in any way to the said Sol«fiers' 
Orphans' Home or its management, when required so to do. 

§ 4. After such committee is organized, as aforesaid, it Powersof com- 
shall have the power to hold its sessions either at Spring- cnttee - 
field or at the Soldiers' Orphans' Home, and it shall have the 
power to examine all books, papers, vouchers, receipts, or 
other thing that may belong to the Soldiers' Orphans' 
Home, or that relates to the business or management ; and 
it shall be the duty of every officer, agent or employe of 



162 APPROPRIATIONS. 



said Soldiers' Orphans' Home to aid the said committee in 
the prosecution of its duties, as may be required by said 
committee. 
To compel at- § 5. Said committee shall have power to compel all per- 

nesees. 08 ° w sons to appear before them and to give evidence touching 
the management, discipline, government and the financial 
affairs and business of the Soldiers' Orphans' Home, and 
to require any and all persons to produce to said committee, 
for examination, any and all books and papers that relate 
thereto, and the chairman of said committee, for the time 
being, shall have full power and authority to administer 
oaths ; and any person who shall swear falsely touching any 
material fact before said committee, shall be deemed guilty 
of perjury, and shall be punished accordingly. 
Chairman s to §6. For the purpose of compelling the appearance of 

issue summons. p ersong an( j ^ tie production of books and papers before said 
committee, the chairman thereof shall issue his summons, 
in which shall be stated the time and place for the appear- 
ance of such person, or the production of such books and 
papers (if any), and a brief description of any such books 
or papers required; and such summons shall be served by 
any sheriff or other officer of this state, or by any person 
to be designated by the said chairman, by indorsement on 
said summons ; and the manner of service shall be by the 
delivery of a copy thereof to the party named therein, or 
by leaving such copy at his usual place of abode, with some 

Refractory wit- member of his family ; and any person served with such 

nesses. summons, in manner aforesaid, not less than three days 

before the time fixed therein for his or her appearance, who 
shall fail or refuse to appear before said committee, or 
shall fail or refuse to produce any book or paper, required 
as aforesaid ; or who shall willfully refuse to answer any 
question propounded to him or her, by or under the direc- 
tion of said committee, in relation to the business or man- 
agement of said Soldiers' Orphans' Home, its discipline, 
government or financial condition, or in relation to any of 
the acts or conduct of any of its officers, agents or em- 
ployes, shall be subject to indictment in the circuit court 
of Sangamon county, or McLean county, as the case may 
be; and upon conviction shall pay a tine of not less than 
twenty nor more than one thousand dollars, and shall stand 

Conduct of wit- committed until the fine and costs are paid. 

Desses " § 7. If any person shall misbehave him or herself in the 

presence of said committee when in session, or shall, after 
due service of summons to appear before said committee, 
without sufficient excuse (to be determined by said com- 
mittee, by vote to be entered upon the minutes of its pro- 
ceedings), fail or refuse to appear before said committee, or 
to produce any papers in his or her possession, or under his 
or her control, when required so to do, or shall refuse to 
answer any question propounded to him or her, by or under 



APPROPRIATIONS. 163 



the order of said committee, in relation to the business or 
management of said Soldiers' Orphans' Home, its disci- 
pline, government or financial condition, or in relation to 
the acts or conduct of any of its officers, agents or employes, 
he or she shall be deemed guilty of contempt, and shall be 
fined as provided in section six of this act. Appropriation 

§ 8. A sum not exceeding one thousand dollars is here- 01 expenses - 
by appropriated for the payment of expenses of the said 
investigation, and the auditor shall draw his warrant upon 
the treasurer for the payment of such expenses, upon the 
certificate of the chairman of this committee. The mem- 
bers of said committee shall be paid the sum of five dollars 
per day for the time actually and necessarily employed, and 
also necessary traveling expenses, to be certified by the chair- 
man of Said committee. Committee to 

§ 9. It shall be the duty of said committee to audit the 
claims against said Soldiers' Orphans' Home, which have 
been incurred up to the first day of March, one thousand 
eight hundred and seventy-one, and to make a complete list 
of such claims giving the dates of the same, the names of 
the original and present claimants, the services or other 
considerations upon which said claims are based, and the 
amount of each of said claims, with the opinion of the com- 
mittee as to the validity of each, and the amount that should 
equitably be paid by the state upon each ; and such list of 
claims, as aforesaid, shall be included in the report pre- 
scribed in Section twelve of this act. Quorum, tem- 

§ 10. Three of said committee shall constitute a quorum, £Sn. ry chaur " 
and no vote shall be declared affirmatively without the con- 
currence of a quorum; and in the absence of the chairman 
of said committee, the committee may choose a temporary 
chairman, who, for the time being, shall have all powers and 
perform all the duties of the chairman. Report of the 

§ 11. It shall be the duty of the committee, upon the comnuttee - 
completion of the investigation, to lay before the governor 
a full and complete report, with any recommendations as to 
the management, discipline and financial condition of said 
Soldiers' Orphans' Home, or as to any officeis, employes 
or any other persons who now are or heretofore have been 
connected with said institution. 

Approved June 16, 1871. 



In force July 1, 
1872 
AN ACT making appropriations for the payment of the indebtedness of the 

Soldiers' Orphans' Home. 

Section 1. Be it enacted by the People of the State of Appropriation 
Illinois, represented in the General Assembly, That the n °ss. 
sum of fifty thousand and one dollars ($50,001), or so much 



lte 



APPROPRIATIONS. 



thereof as may be necessary, be and the same is hereby ap 
propriated for the liquidation of the indebtedness of the 
Soldiers' Orphans' Home, located at Normal, according to 
the schedule approved by Hon. James Shaw, chairman 
of the committee of investigation appointed under the act 
approved June sixteen, eighteen hundred and seventy-one, 
with interest thereon as provided in said schedule, but at 
six per cent per annum, and up to July first, eighteen hun- 
dred and seventy-two, at said rate ; and the auditor of pub- 
lic accounts is hereby directed to draw his warrant for the 
said sums for such indebtedness, in favor of the parties to 
whom the same may be due, or their assignees, upon proper 
vouchers certified by the trustees of the Soldiers' Orphans' 
Home, or a majority of them, and approved by the gov- 
ernor: Provided, that no indebtedness shall be paid from 

claims deferred, said fund, except that accruing before March first, eighteen 
hundred and seventy-one : And, provided, further, that the 
amounts originally due JohnM. Snyder and John S. Clark, 
as contained on said schedule, shall not be paid until all 
claims of the institution against each of them has been set- 
current ex- tied to the satisfaction of the trustees. 

pense fund. g 2. The further sum of eleven thousand two hundred 

and fifty dollars is hereby appropriated to reimburse the 
current expense fund of the Soldiers' Orphans' Home, for 
an equal amount already paid on the deficiency of the home 
out of that fund, and the auditor of public accounts is here- 
by directed to draw his warrant upon the state treasurer for 
the said sum of eleven thousand two hundred and fifty dol- 
lars, in favor of the treasurer of the Soldiers' Orphans' 
Home, and the same shall be paid out of any money in the 
treasury not otherwise appropriated, subject to the provi- 
sions contained in section five of "An act to make appro- 
priations for the Soldiers' Orphans' Home, and to maintain 
the said institution for the next two years," approved April 

Repeal. third, eighteen hundred and seventy-one. 

§ 3. The first section of "An act to make an appropriation 
for the payment of a portion of the indebtedness of the 
trustees of the Illinois Soldiers' Orphans' Home, and to 
provide for an investigation into the management and in- 
debtedness of the same," approved June sixteenth, eighteen 
hundred and seventy-one, appropriating the sum of eleven 
thousand nine hundred and two dollars and eighty-four 
cents, for the payment of the expenditures of the home for 
the months of December, January and February last, is 
hereby repealed. 

Approved March 12, 1872. 



APPROPRIATIONS. 165 



AN" ACT to make further appropriations for the construction of the new State i n force July 1, 

House. . 1871. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That in the 
erection and completion of the new state house, the state commissioners 
house commissioners be and they are hereby authorized at Iabo C r andmate- 
any subsequent letting of the work, after having advertised "ais. 
in the manner now provided by law, to make and enter into 
contracts for the whole or any portion of the materials and 
labor that may be required in each class of work to be 
placed under contract (except that which can be done at 
the penitentiary as now provided by law), and specified in 
their advertisement ; but the said commissioners, at such shall note un- 
letting, shall not obligate the state for the payment of any s atethe 8tate - 
sum of money in excess of appropriations already made, 
until such payment has been provided for by an appropria- 
tion made for that purpose. And all contracts entered into 
under this act shall provide that no payments will be made 
thereon, by or on behalf of the state, after the appropria- 
tions made for the new state house are exhausted, until a 
further appropriation shall be made therefor, and that the 
work may be suspended during that time at the option of 
the contractor: Provided, that the commissioners may con- 
tract for labor and material requiring an expenditure of not 
exceeding two thousand live hundred dollars, without ad- 
vertising as aforesaid. 

§ 2. That for the purpose of carrying on the work on Appropration. 
the new state house, the sum of six hundred thousand dol- 
lars be and the same is hereby appropriated out of any 
moneys in the treasuiw not otherwise appropriated, in addi- 
tion to the unexpended balance of former appropriations 
made for the new state house, which sum is hereby reappro- 
priated for that purpose : Provided, that no part of this ap- Bond for add'- 
propriation shall be paid out of the state treasury until tional s rouuds - 
there shall have been tiled with the secretary of state a 
good and sufficient bond of individuals, in favor of the 
People of the State of Illinois, in the penal sum of five 
hundred thousand dollars ($500,000), to be approved by 
the governor of the state of Illinois, conditioned that the 
obligors will procure or cause to be obtained for the state 
of Illinois such additional grounds as the state may indicate 
and require, whenever so demanded, not exceeding four 
acres to the south of and adjoining the new capitol grounds, 
free of cost to the state ; or in case said grounds cannot be 
furnished by said individuals, or they should refuse to do 
so, then the state may proceed to condemn such grounds as 
it may require for the purpose of enlarging said capitol 
©rounds ; the amount assessed for the same under such con- 
demnation, shall be paid by the obligors of said bond. 



166 APPROPRIATIONS. 



condemnation The demand by the state for such additional grounds, and 
by the state. ^e con d e muation, if necessary, shall be made within two 
years after the new state house is ready for the use of the 
two houses of the general assembly, and which land so to 
be condemned or procured is to be not less than the quan- 
tity of land described in a certain bond filed with the secre- 
tary of state at the last session of the twenty-seventh gen- 
eral assembly, and which bond is dated on the fourth day 
of April, one thousand eight hundred and seventy-one. 
compensation § &• The state house commissioners shall each receive 
of commission- for their services one thousand dollars per annum, and no 
more : Provided, that one of their number may serve as 
secretary, and shall receive for such service fifteen hundred 
dollars iu addition to his one thousand dollars as commis- 
sioner. 

Approved June 14, 1871. 



In force July 1, AN ACT providing for the publication and distribution of the fifth volume of 
18 '"'• the report of the State Geologist, and to fix the amount of his salary until 

the publication of the sixth and final volume of said report. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 

Appropriation publication of three thousand copies of the tilth volume of 
the report of the state geologist is hereby authorized, and 
the sum of six thousand live hundred dollars is hereby ap- 
propriated to defray the cost of engraving the necessary 
plates, maps and diagrams required tor said volume. Said 
engraving to be done under tne direction of the state geolo- 
gist, who first obtain bids for doing the work from several 
different engravers, and submit such bids to the governor, 
who shall first approve the bid most favorable to the state, 
and order the geologist to make a contract on the tertns of 
said bid. 

aper. § 2. The secretary of state is hereby required to procure 

the paper necessary for the said fifth volume, of a quality 
not inferior to that used in the volumes of this report already 
published, and have said volume priuted under the state con- 
tract for public printing, and bound by the public binder in 
same style and quality as former volumes, at a rate to be fixed, 
before delivered to him, by the secretary, auditor and treas- 
urer, with the aid of experts, as now provided by law ; and 
the amount necessary to defray the expeuse of the same is 
hereby appropriated. 
Distribution. § '6. The secretary of state is hereby authorized to dis- 

tribute the said fifth volume, when published, as follows : 
one copy to each college, educational, historical and literary 
institution in the state, as now provided by law ; two hundred 
copies to the state geologist, to be used in exchanges, a list 



APPROPRIATIONS. 167 



of which shall be submitted to the governor for his ap- 
proval, and on all such copies for exchange shall be written 
or printed "With the compliments of the People of the IState 
of Illinois," and the person's name to whom sent, and the 
balance of said volumes to the members of the twenty- 
seventh general assembly, to be by them distributed in their 
respective counties and districts, as far as practicable, to 
persons who have sets of the former volumes. 

§ 4. There shall be paid to the state geologist the sum Pay of state 
of two thousand dollars, as in full for his services and all s^ogist. 
expenses in superintending the publication of the said fifth 
volume, and finishing the sixth volume for publication — to 
be paid quarterly out of any money in the state treasury 
not otherwise appropriated. 

Approved April 3, 1872. 



AN ACT to provide and furnish suitable rooms for the supreme court in the In force Jan. 8, 
central grand division of this state, and to make an appropriation therefor. 1872. 

Section 1. Be it enacted by the People of the State 
of Itlinois, represented in the General Assembly, That the judges to pro- 
judges of the supreme court are authorized to procure, cure rooms - 
by lease or otherwise, suitable rooms in the city of Spring- 
field, in which the supreme court may hold its sessions 
for the central grand division, until otherwise provided 
by law, and to furnish such rooms with appropriate 
furniture, and to make all necessary contracts or leases 
therefor. 

§ 2. .The sum of not exceeding five thousand dollars is Appropriation. 
hereby appropriated to enable the judges of the supreme 
court to procure and furnish such rooms with appropriate 
furniture, and pay the rent therefor, and such other neces- 
sary expenses as may attend the removal of the court thereto ; 
and the auditor of public accounts, upon presentation to 
him of the bills or vouchers containing the items of such 
expenditure, with the certificate of the judges of the 
supreme court attached, showing the correctness thereof, 
shall draw his warrant upon the treasurer, payable out of any 
money not otherwise appropriated, for such portion or por- 
tions of said sum above appropriated as may have been 
actually expended for the purposes aforesaid. 

§ 3. Inasmuch as the state has no suitable rooms for the Emergency, 
sessions of the supreme court in said division now unoccu- 
pied, an emergency exists requiring this act to take imme- 
diate effect : therefore this ace shall take effect and be in 
force from and atter its passage. 

Approved January 8, 1872. 



168 



APPROPRIATIONS. 



In force July 1, AN ACT making an appropriation for the purpose of repairing and enlarging 
1872. the supreme court houses at Mt. Vernon and Ottawa, Illinois. 



Preamble. 



Appropriation. 



uuds;es to su- 
pervise. 



Audi tor to draw 
warrant. 



"Whereas the court houses for the supreme court at Mt. 
Vernon and Ottawa, Illinois, were constructed with a view 
to the accommodation of the court under the constitution 
of eighteen hundred and forty-eight (1848); and, whereas, 
by the constitution of eighteen hundred and seventy (1870), 
the number of the judges is increased from three to seven, 
so that the said houses are wholly inadequate to the neces- 
sities of the court, as well as the large increase of business 
in said court ; and, whereas, the said court houses are iu 
great need of repairs ; therefore, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
sum of tweuty thousand dollars (or so much thereof as may 
be necessary) is hereby appropriated, out of any funds in 
the state treasury not otherwise appropriated, for the pur- 
pose of repairing and enlarging the supreme court house at 
Mt. Yernon, Illinois, and the sum of twenty thousand dol- 
lars (or so much thereof as may be necessary), for the pur-' 
pose of repairing and enlarging the supreme court house at 
Ottawa, Illinois. 

§ 2. The said repairing and enlarging of said houses 
shall be under the control, supervision and direction of the 
judges of the supreme court. 

§ 3. The auditor of public accounts shall, from time to 
time, draw his warrants on the treasurer of the state, in 
favor of the parties doing such repairs, furnishing material 
therefor, or making said enlargement, upon bills of particu- 
lars verified by the affidavit of the said parties and approved 
by the judges ot the supreme court, or a majority of them. 

Approved February 21, 1872. 



Iu force July 1, AN" ACT to provide for and fix the salary of the judges of the supreme court. 
1871. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That there 

Annual salary. 8 hall be allowed and paid to each of the judges of the su- 
preme court, in lieu of any and all other fees, salary and 
compensation whatsoever, an annual salary of five thousand 
dollars, payable in quarter-yearly installments, out of the 
state, treasury, on the warrant of the auditor of public ac- 
counts, from and out of any money not otherwise appropri- 
ated. 

Repeal. § 2; Any and all laws in conflict with this act are here- 

by repealed. 
d Approved March 17, 1871. 



APPROPRIATIONS. 169 



AN" ACT to make an appropriation to pay for fitting up the hall of the house In force Jan. 27, 
of representatives and the senate chamber, for the use of this general 1872. 

assembly. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That there Appropriation, 
be appropriated, out of any money in the treasury not other- 
wise appropriated, the sum of eight thousand eight hundred 
and twenty-three dollars and four cents ($8,823 04), for the 
purpose of paying for fitting up the hall of the house of 
representatives and the senate chamber, for the use of this 
general assembly, to be paid upon bills of particulars, to the 
parties entitled thereto, verified by affidavit, certified by the 
secretary of state and approved by the governor. 

| 2. That whereas an emergency exists, making it ne- Emergency. 
cessary that this bill should take effect prior to the first day 
of July next, viz : that the amount of said appropriation is 
now due and payable, therefore this act shall take effect 
and be in force from and after its passage. 

Approved January 27, 1872. 



AN ACT making an appropriation to pay H. G. Fitzhugh for labor in repair- In force July 1, 
ing the state arsenal. 1871 - 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Appropriation. 
sum of one hundred and eighty dollars and seventy cents 
be and is hereby appropriated, out of any money in the 
treasury not otherwise appropriated, to pay H. G. Fitzlmgh 
for labor on the state arsenal. 

§ 2. The auditor of public accounts is hereby authorized Auditor to draw 
to draw his warrant on the treasurer for said amount, when warrant - 
the said Fitzhugh shall file his account, duly proven, in the 
auditor's office. 

Approved April 15, 1871. 



AN ACT to allow Walter B. Caswell the sum of one hundred and sixteen In force July], 
dollars and sixty-seven cents, and interest on the same at ten per cent, per 1S72 - 

annum, from July 1st, 1867. 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly^ That Walter 

B. Caswell, assignee of George R. McGregor, be allowed 

the sum of one hundred and fifty-seven dollars and fifty- 

—17 



170 APPROPRIATIONS. 



seven cents, in full for money due him from the state, for 
the amount of a voucher issued by the state penitentiary 
commissioners to the said George R. McGregor, upon filiDg 
said voucher for the amount appropriated herein ; and that 
the auditor of public accounts- be and he is hereby autho- 
rized and directed to draw his warrant on the state treas- 
urer, in favor of the said Walter B. Caswell, for the above 
amount. 

Approved March 4, 1872. 



In force July 1, AN ACT providing for the procurement of the portrait ^of ex-Governor 
187L Thomas Carlin. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Appropriation, governor be and he is hereby authorized and empowered to 
employ a competent artist to paint for the state a portrait of 
ex-Governor Thomas Carlin, to be placed in its proper posi- 
tion in the executive ^mansion. 
Approval of § 2. Said portrait shall be painted under the direction 
of the governor and subject to his final approval, and shall 
be of the same relative size and in all respects equal to that 
of Governor Palmer, painted by A. E. Darling ; and upon 
the governor's certificate to the auditor of public accounts 
that said portrait is completed satisfactorily, the auditor 
shall draw his warrant upon the treasurer for the sum of 
five hundred dollars in favor of the aforesaid artist. 

Approved April 17, 1871. 



governor. 



In force Oct. 20, AN ACT to relieve the lien of the city of Chicago upon the Illinois and Mich- 
1871 - igan Canal and revenues, by refunding to said city the amount expended by 

it in making the improvement contemplated by "An act to provide for the 
completion of the Illinois and Michigan Canal upon the plan adopted by 
the state in 1836," approved February 16th, 1865, together with the interest 
thereon, as authorized by section five of said act, and to provide for issuing 
bonds therefor. 

Preamble. Whkreas the city of Chicago has expended a large 

amount of money, to-wit : the sum of two and a half mil- 
lions of dollars, to secure the completion of the Sammit di- 
vision of the Illinois and Michigan Canal, under and pur- 
suant to the provisions of said acts so approved February 
sixteenth, A. D. 1865, and acts supplementary thereto ; 
and whereas, the said city has a vested lien upon the said 
canal with its revenues, subject to any canal debt existing at 



APPROPRIATIONS. 



171 



the time of the passage of said acts ; and whereas, said then 
existing debt due by the state has been fally paid and can- 
celed ; and whereas, the canal trustees have delivered to 
the state of Illinois, possession and control of said canal ; 
and whereas, it is provided, by section five of said act, as 
follows: u The state of Illinois may at any time relieve this 
lien upon the canal and revenues, by refunding to the city 
of Chicago the amount expended in making the contem- 
plated improvement and the interest thereon." Now, there- 
fore, ' 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Appropriation. 
sum of two million nine hundred and fifty-five thousand 
three hundred and forty dollars, with interest thereon until 
paid, be and the same is hereby appropriated for the pur- 
pose of relieving the lien as aforesaid, being the principal 
expended and the interest thereon, which said sum is here- 
by refunded to said city : and when paid, said city shall ex- 
ecute and deliver to the state of Illinois a proper release of 
said lien to the satisfaction of the governor; and the auditor 
of state, under the direction of the governor, is hereby di- 
rected to draw his warrant for said sum of money and in- 
terest, payable only out of any moneys in the treasury be- 
longing to the fund hereafter provided, to be known as the 
"Canal Redemption fund." That for the purpose of pro- 
viding said fund, any funds that are now or may be here- 
after in the state treasury, paid in on the settlement of the 
canal commissioners with the trustees of the Illinois and 
Michigan Canal, as well as from the revenues of the canal ; 
also, all funds that are now or may hereafter be paid into 
the state treasury, known as the Illinois Central railroad 
fund, shall be transferred by the state treasurer, upon the 
auditor's warrant drawn for that purpose, to said redemption 
fund ; that a tax of one and one-half mills on each dollar 
of the assessed value of all the taxable property of the state 
be levied as a special tax, for the years lb71 and 1872 ; and . Bonds to be 
to meet any deficit in said revenues to meet said appropria- lssue 
tion the governor, auditor and treasurer are hereby author- 
ized to issue bonds of the state of Illinois to the amount of 
two hundred and fifty thousand dollars, said bonds to bear 
interest at the rate of six per cent, per annum, payable 
semi-annually in the city of New York, and shall be paid at 
pleasure of the state at any time after three years after the 
date thereof, and shall be of such denominations as the 
governor may deem advisable, and be known as the ''Rev- 
enue Deficit Bonds," and shall be delivered to the city 
authorities of the city of Chicago, at par, as a part payment 
on above appropriation : Provided, however, that not less 
than one-fifth, nor to exceed one third of said sum so appro- 
priated, shall be received by said city, and be applied in re- 
constructing the bridges and the public buildings and 



172 



APPROPRIATIONS. 



structures destroyed by fire, upon the original sites thereof, 
as already provided by the common council ; and the re- 
mainder thereof to be applied to the payment of the interest 
on the bonded debt of such city, and the maintenance of 
the fire and police departments thereof. 
Emergency. Whereas, by reason of a great conflagration in the city 

of Chicago, the public buildings, bridges and other public 
improvements have been totally destroyed and the business 
of the courts is suspended, whereby an emergency exists as 
a reason why this act shall take effect before the first day of 
July next ; therefore, 

Be it further enacted, That this act shall take effect and 
be in force from and after its paesage. 

Approved October 20, 1871. 



In force April 
9, 1872. 



AN ACT for the relief of Augustus Bauer, Asher Carter, and William C. 
Deakrnan. 



Preamble. Whereas the committee on public buildings and state 

library of the senate and house of representatives, acting 
under an act of the general assembly, approved March 
eleven, one thousand eight hundred and sixty-nine, and en- 
titled "An act to amend ' an act to provide for the erection 
of a new state house,' approved February twenty-fifth, one 
thousand eight hundred and sixty-seven, and to amend "An 
act supplemental to ' an act to provide for the erection of a 
new state house,' approved February twenty-fifth, one 
thousand eight hundred and sixty-seven," in the examina- 
tion of the plans, specifications and estimates laid before 
them by the commissioners of the new state house, found it 
necessary to employ and procure the assistance of profes- 
sional architects and builders to revise and examine said 
plans and specifications, and to make estimates of the cost 
of said building ; and, for such purpose, did procure the ser- 
vices of Messrs. Augustus Bauer, Asher Carter, and Wil- 
liam C. Deakman, whose account and charges for their ser- 
vices and expenses incurred in connection therewith, were 
duly presented to and approved by the said committees of 
the senate and house of representatives, on the second day 
of August, in the year of our Lord one thousand eight hun- 
dred and sixty-nine ; therefore, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That, the 

Appropriation, auditor of public accounts be and he is hereby directed to 
draw his warrant on the state treasurer in favor of said Au- 
gustus Bauer, Asher Carter and William C. Deakman, for 
thejsumof nine^thousand dollars ($9000), to be paid out of 



ASSOCIATIONS. 173 



the appropriation heretofore made to the new state honse ; 
and the acceptance of said sum shall be deemed as a full 
compensation for said service. 
Api>roved April 9, 1872. 



ASSOCIATIONS. 



AT J ACT to enable associations of persons to become a body corporate to In force July 1, 
raise funds, to be loaned only among their members. 1872 - 

Section I. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That whenever Manner of in- 
any number of persons, not less than five, may desire to be- corporation. 
come incorporated as a mutual building, loan and homestead, 
loan association, for the purpose of building and improving 
homesteads, they shall make a statement to that effect un- 
der their hands, and duly acknowledged before some officer 
in the manner provided for the acknowledgment of deeds — 
setting forth the name of the proposed corporation, its capi- 
tal stock, its location, and duration of the corporation — 
which statement shall be filed in the office of the secretary 
of state. The secretary of state shall thereupon issue to 
such persons a license as commissioners to open books for 
subscription to the capital stock of said corporation, at such 
time and place as they may determine ; but no license shall 
be issued to two associations having the same name. 

§ 2. As soon as one hundred shares or more of the Meeting of sub- 
capital stock shall be subscribed, the commissioners shall scnl3ers - 
convene a meeting of the subscribers, for the purpose of 
electing directors, adopting a charter and by-laws, and the 
transaction of such other business as shall come before them. 
Notice thereof shall be given by depositing in the post office, 
properly addressed to each subscriber, at least six days be- 
fore the time fixed, a written or printed notice, stating the 
object, time and place of such meeting. Directors of cor- 
porations organized under this act shall be elected, classified, 
and hold their office for such period of time as is provided 
for by general law governing the election and classification 
of directors, trustees or managers of corporations. 

§ 3. The commissioners shall make a full report of their Report of pro- 
proceedings, including therein a copy of the notice provided ceedin s s - 
for in the foregoing section, a copy of the subscription list, 
a copy of the charter and by-laws adopted by the association, 
and the names of the directors elected, and their respective 
terms of office^ which report shall be sworn to by at least a 



174 ASSOCIATIONS. 

majority of the commissioners, and shall be filed in the 
office of the secretary of state. The secretary of state shall 
thereupon issue a certificate of the complete organization 
of the corporation, making a part thereof a copy of all pa- 
pers filed in his office in and about the organization of the 
corporation, and duly authenticated under his hand and 
seal of state ; and the same shall be recorded in a book for 
that purpose, in the office of the recorder of deeds in the 
county in which the principal office of such company is lo- 
cated. Upon the recording of said copy, the corporation 
shall be deemed fully organized, and may proceed to busi- 
ness. Unless such company shall be organized and shall 
proceed to business, as provided ia this act, within two years 
after the date of such license, the license shall be deemed 
revoked, and all proceedings thereunder void. 
Bodies politic § ^- Corporations formed under this act shall be bodies 
and corporate, corporate and politic for the period for which they are or- 
ganized ; may sue and be sued ; may have a common seal, 
which they may alter or renew at pleasure. 
Board of di- § 5. The corporate powers shall be exercised by a board 
of directors : Provided, the number of directors shall not 
be increased or diminished, or their term of office changed, 
without the consent of the owners of two-thirds of the 
shares of stock. The officers of the company shall consist 
of a president, secretary and treasurer, and such other offi- 
cers and agents as shall be provided for in the charter 
and by-laws of the association : Provided, that no loan 
shall be made by said corporation, except to its own mem- 
bers. 
shares of stock, § 6. The shares of stock shall be one hundred dollars 
stockholders, each, and shall be deemed personal property, and transfera- 
ble, upon the books of the company, in such manner as may 
be provided by the by laws, and subscriptions therefor shall 
be made payable to the corporation, and shall be payable in 
such periodical installments, and at 6uch time or times as 
shall be determined by the charter and by-laws ; but no 
periodical payment to be made exceeding two dollars on 
each share ; and every share of stock shall be subject to a 
lien for the payment of unpaid installments and other 
charges incurred thereon under the provisions of the charter 
and by-laws ; and the by-laws may prescribe the form and 
manner of enforcing such lien. New shares of stock may 
be issued in lieu of the shares withdrawn or forfeited, and 
the stock may be issued in one or in successive series, in 
such amount as the board of directors may determine ; and 
any stockholder wishing to withdraw from the said corpo- 
ration shall have power to do so by giving thirty days' 
notice of his or her intention to withdraw, when he or she 
shall be entitled to receive the amount paid in by him or 
her, and such interest thereon as the by-laws may determine, 
less all fines and other charges: Provided, that at no time 



ASSOCIATIONS. 



175 



shall more than one-half of the funds in the treasury of the 
corporation be applicable to the demands of withdrawing 
stockholders, without the consent of the board of directors, 
and that no stockholder shall be entitled to withdraw whose 
stock is held in pledge for security. Upon the death of a 
stockholder, his or her legal representatives shall be entitled 
to receive the full amount paid in by him or her, and legal 
interest thereon, first deducting all charges that may be due 
on the stock ; no fines shall be charged to a deceased mem- 
ber's account, from and after his or her decease, unless the 
legal representatives of such decedent assumes the future 
payment on the stock. 

§ 7. Married women may become subscribers to the 
capital stoek of such association, and hold, control and 
transfer their stock in all respects as femes sole, and their Married women 
stock shall not be subject to the control of or liable for the 
debts ot their husbands. • 

§ 8. The board of directors shall hold such stated meet- 
ings as may be provided by the by-laws, at which the money 
in the treasury, if over one hundred dollars, shall be offered b0 ^ r e d etings of 
for loan in open meeting, and the stockholder who shall bid 
the highest premium for the preference or priority of loan, 
shall be entitled to receive a loan of one hundred dollars 
for each share of stock held by said stockholder: JProvided, 
that such stockholder may borrow such fractional part of 
one hundred dollars as the by-laws may provide, and good 
and ample security shall be given by the borrower, to secure 
the repayment of the loan. In case the borrower shall neg- 
lect to offer security, or shall offer security that is not ap- 
proved by the board of directors by such time as the by- 
laws may prescribe, he or she shall be charged with one 
month's interest, together with any expenses incurred, and 
the money shall be resold at the next stated meeting. In 
case of non-payment of installments or interest by borrow- 
ing stockholders, for the space of six months, payment of 
principal and interest, without deducting the premium paid 
or interest thereon, may be enforced by proceeding against 
their securities, according to law. 

§ 9. A borrower may repay a loan at any time, and in 
case of the repayment thereof, before the expiration of the 
eighth year after the organization of the corporation, there L^ans. 
shall be refunded to such borrower one-eighth of the pre- 
mium paid, for every year of the said eight years then 
unexpired. 

§ 10. No premiums, fines or interest on such premiums, 
that may accrue to the said corporation, according to the 
provisions of this act, shall be deemed usurious, and the premiums, 
same may be collected as other debts of like amount may 
be collected by law in this state. 



176 ATTACHMENTS. 



real estate. 



Failure to elect §11. No corporation or association created under this 
act shall cease or expire from neglect on the part of the cor- 
poration to elect officers at the time mentioned in their 
charter or by-laws ; and all officers elected by such corpo- 
ration shall hold their offices until their successors are duly 
elected. 

May purchase § 12. Any loan or building association incorporated by 
or under this act is hereby authorized and empowered to 
purchase at any sheriff's or other judicial sale, or at any 
other sale, public or private, any real estate upon which 
such association may have or hold any mortgage, judgment, 
lien or othei incumbrance, or ground rent, or in which said 
association may have an interest, and the real estate so pur- 
chased, to sell, convey, lease or mortgage at pleasure, to any 
person or persons whatsoever. 
Approved April 4, 1872. 



ATTACHMENTS. 



In force July 1, AN ^grp j n resar( j to attachments in courts of record. 

1872. ° 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That in 
when creditor any court of record having competent jurisdiction, a credi- 
tacnme h n a t! e **" tor m2i l have an attachment against the property of his 
debtor, or that of any one or more of several debtors, when 
the indebtedness exceeds twenty dollars, in any one of the 
following cases : 

First — Where the debtor is not a resident of this state. 

Second — When the debtor conceals himself or stands in 
defiance of an officer, so that process cannot be served upon 
him. 

Third — Where the debtor has departed from this state 
with the intention of having his effects removed from this 
state. 

Fourth — Where the debtor is about to depart from this 
state with the intention of having his effects removed from 
this state. 

Fifth — Where the debtor is about to remove his property 
from this state to the injury of such creditor. 

Sixth — Where the debtor has, within two years prece- 
ding the tiling of the affidavit required, fraudulently con- 
veyed or assigned his effects, or a part thereof, so as to hin- 
der or delay his creditors. 



ATTACHMENTS. 177 



Seventh — Where the debtor has, within two years prior 
to the filing of such affidavit, fraudulently concealed or dis- 
posed of his property so as to hinder or delay his creditors. 

Eighth — "Where the debtor is about fraudulently to con- 
ceal, assign or otherwise dispose of his property or effects, 
so as to hinder or delay his creditors. 

Ninth — Where the debt sued for was fraudulently con- 
tracted on the part of the debtor : Provided, the statements 
-of the debtor, his agent or attorney, which constitute the 
fraud, shall have been reduced to writing, and his signature 
attached thereto, by himself, agent or attorney. 

§ 2. To entitle a creditor to such writ of attachment, he creditor to 
or his agent or attorney shall make, and tile with the clerk make afflda ™;. 
of such court, an affidavit, setting forth the nature and 
amount of the indebtedness, after allowing all just credits 
and set-offs, and any one or more of the causes mentioned 
in the preceding section, and also stating the place of resi- 
dence of the defendants, if known, and if not known, that 
upon diligent inquiry the affiant has not been able to ascer- 
tain the same. 

§ 3. It shall be sufficient, in all cases of attachment, to Names of de- 
designate detendants by their reputed names, by surnames, en ant8, 
and joint defendants by their separate or partnership names, 
or by such names, styles or titles as they are usually known ; 
and heirs, executors and administrators of deceased defend- 
ants shall be subject to the provisions of this act, in all cases 
in which it may be applicable to them. 

§ 4. Before granting an attachment, as aforesaid, the Bond and sa« 
clerk shall take bond and sufficient security, payable to the curlt y- 
defendant against whom the writ is to be issued, in double 
the sum sworn to be due, conditioned for satisfying all costs 
which may be awarded to such defendant, or to any others 
interested in said proceedings, and all damages and costs 
which shall be recovered against the plaintiff, for wrongfully 
suing out such attachment — which bond, with affidavit of 
the party complaining, or his agent or attorney, shall be 
filed in the office of the clerk granting the attachment. 
Every attachment issued without a bond and affidavit taken, 
is hereby declared illegal and void, and shall be dismissed. 

§ 5. The condition of the bond required in the preceding condition ot 
section shall be substantially in the following form : bond - 

The condition of this obligation is such, that whereas the above bounden 
........ hath, on the day of the date hereof, prayed an attachment out of the 

.... court of said county, at the suit of , against the e tate of the 

above named , for the sum of . . ., and the same being about to be 

sued out of said court, returnable on the . . . day of next, to the 

term of the court then to be holden: Now, if the said shall prosecute 

his suit with effect, or in case of failure therein shall well and truly pay and 

satisfy the said all such costs in said suit, and such damages as shall 

be awarded against the said , his heirs, executors or administrators, 

in any suit or suits which may hereafter be brought, for wrongfully suing out 
the said attachment, then the above obligation to be void : otherwise to remain 
in full force and effect. 



-18 



178 



ATTACHMENTS. 



Joint debtors. 



Writ of attach- § 6. The writ of attachment required in the preceding 
ment section shall be directed to the sheriff, or in case he is inter- 

ested, or otherwise disqualified or prevented from acting, 
to the coroner of the county in which the suit is commenced, 
and shall be substantially in the following form : 

The People of the Slate of Illinois, to the Sheriff of County — Greeting : 

Whereas, A B (or agent or attorney of A B, as the case may be,) hath com- 
plained that C D is justly indebted to the said A B to the amount of . , and 

that (here state the cause set out in the affidavit), and the said having 

given bond and security, according to law: We therefore command you that 
you attach so much of the estate, real or personal, of the said D, to be found 
in your county, as shall be of value sufficient to satisfy the said debt and costs, 
according to the complaint, and such estate so attached in your hands to se- 
cure, or so to provide, that the same may be liable to further proceedings there- 
upon, according to law; and that you summon C D to appear and answer the 

complaint of the said A B, at a court to be holden at , in the county of 

. ., upon the .... day of next; and that you also summon 

, and such other persons as you shall be required by the said A B, as 

garnishee, to be and appear at the said court on the said .... day of 

next, then and there to answer to what may be objected against them. When 
and where you shall make known to the said court how you have executed this 
writ, and have you then and there this writ. 

Witness : , clerk of the said court, this .... day of , 

in the year of our Lord, etc. 

Which attachment shall be signed by the clerk, and the 
seal of the court affixed thereto. 

§ 7. In all cases where two or more persons are jointly 
indebted, either as partners or otherwise, and an affidavit 
shall be filed as provided in the first section of this act, so 
as to bring one or more of such joint debtors within its 
provisions, and amenable to the process of attachment, then 
the writ of attachment shall issue against the property and 
effects of such as are so brought within the provisions of this 
act; and the officer shall be also directed in said writ to sum- 
mon all joint debtors named in the affidavit filed in the 
case, whether the attachment is against them or not, to an- 
swer to the said action, as in other cases of joint defendants. 

§ S. Such officer shall without delay execute such writ 
of attachment upon the lands, tenements, goods, chattels, 
rights, credits, moneys and effects of the debtor, or upon 
any lauds or tenements in and to which such debtor has 
or may claim any equitable interest or title, of sufficient 
value to satisfy the claim sworn to, with cotts of suit as 
commanded in such writ. 

§ 9. When a writ of attachment is levied upon any real 
estate, in any case, it shall be the duty of the officer making 
the levy to file a certificate of such fact with the recorder 
of the county where such land is situated; and from and 
after the filing of the same, such levy shall take effect, as to 
creditors and bona fide purchasers, without notice, and not 
before. 

§ 10. The officer shall also serve said writ upon the de- 
fendant therein, if he can be found, by reading the same to 
him or delivering a copy thereof. The return to such writ 






Execution 
writ. 



of 



Certificate of 
levy. 



Service upon 
defendant. 



ATTACHMENTS. 179 



counties. 



shall state the particular manner in which the same was 
served. 

§ 11. If the defendant, or any person for him, shall be Removal of 
in the act of removing any personal property, the officer Dr °P ert y- 
may pursue and take the same in any county in this state, 
and return the same to the county from which such attach- 
ment issued. 

§ 12. If it shall appear, by the affidavit, that a debtor Absconding 
is actually absconding, or concealed, or stands in defiance 
of an officer duly authorized to arrest him on civil process, 
as aforesaid, or has departed this state with the intention ot 
having his effects and personal estate removed out of the 
state, or intends to depart with such intention, it shall be 
lawful for the clerk to issue, and sheriff or other officer to 
serve, an attachment against such debtor, on a Sunday as 
on any other day. 

§ 13. The creditor may, at the same time, or at any writs to other 
time betore judgment, cause an attachment writ to be 
issued to any other county in the state where the debtor 
may have property liable to be attached, which shall be 
levied as other attachment writs : Provided, that if no pro- 
perty, rights or credits of the debtor are found in the county 
in which the suit is brought, and no defendant is served 
with summons or makes appearance, the creditor shall not 
be entitled to judgment. 

§ 14. The officer serving the writ shall take and retain cu ^°y d f o r nd p ^; 
the custody and possession of the property attached, to an- perty. 
swer and abide by the judgment of the court, unless the 
person in whose possession the same is found shall enter 
into bond and security to the officer, to be approved by him, 
in double the value of the property so attached, with con- 
dition that the said estate and property shall be forthcom- 
ing to answer the judgment of the court in said suit. The 
sheriff, or other officer, shall return such bond to the court 
in which the suit is brought, on the first day of the term to 
which such attachment is returnable. 

§ 15. Any defendant in attachment, desiring the return Bond for debt, 
of property attached, may, at any time except in term time, 
at bis option, instead of or in substitution for the bond re- 
quired in the preceding section, give like bond and security, 
in a sum sufficient to cover the debt and damages sworn to 
in behalf of the plaintiff, with all interest, damages and 
costs of suit, conditioned that the defendant will pay the 
plaintiff the amount of the judgment and costs which may 
be rendered against him in that suit, on a final trial, within 
ninety days after such judgment shall be rendered. In Recognizance. 
term time, a recognizance, in substance as aforesaid, may be 
taken in open court, and entered of record, in which case 
the court shall approve of the security and the recognizance 
made to the plaintiff, and upon a forfeiture of such recog- 
nizance judgment may be rendered and execution issued' 



180 ATTACHMENTS. 



turn bond. 



bond 



as in other cases of recognizance. In either case, the attach- 
ment shall be dissolved, and the property taken restored, 
and all previous proceedings, either against the sheriff or 
against the garnishees, set aside, and the cause shall proceed 
as if the defendant had been seasonably served with a writ 
of summons. 
Failure to re- § 16. If the sheriff shall fail to return a bond taken by 

irn 1ir*nd • n «• i' \ * 1*111 i 

virtue ot the provisions or this act, or shall have neglected, 
to take one when he ought to have done so, in any attach- 
ment issued under any provisions of this act, the plaintiff in 
the attachment may cause a rule to be entered at any time 
during the first ten days of the term to which the writ is 
returnable, requiring the said sheriff to return the said 
bond ; in case no bond has been taken, to show cause why 
such bond was not taken. If the said sheriff shall not re- 
turn the said bond within one day thereafter, or show legal 
and sufficient cause why the said bond had not been taken, 
judgment shall be entered up against him for the amount 
of the plaintiff's demand, with costs of suit; execution may 
thereupon issue for the same, whenever judgment shall 
have been entered against the defendant in the attachment. 
Exceptions to § 17. The plaintiff may, at the first term after the return 
of such bond, except to the sufficiency thereof, reasonable 
notice of such exception having been given to the sheriff or 
other officer who took the same, and if, upon hearing, the 
* court shall adjudge such security insufficient, such sheriff 
shall be subject to the same judgment and recovery and. 
have the same liberty of defense as if he had been made de- 
fendant in the attachment, unless good and sufficient 
security shall be given, within such time as may be directed 
by the court, and execution may issue thereupon as in 
other cases of judgment. And whenever the judgment of 
the plaintiff', or any part thereof, shall be paid or satisfied 
by any such sheriff, he shall have the same remedy against 
the defendant for the amount so paid by him as is now 
provided by law for bail against their principal, where a 
judgment is paid or satisfied by them. 
Forfeited bond. § 18. If the plaintiff shall not except to the bond taken 
by the sheriff, as aforesaid, or the exceptions are not sus- 
tained, and such bond shall be forfeited, the plaintiff in the 
attachment may bring suit thereon in his own name, the 
same as if such bond had been assigned to him, and judg- 
ment shall be given for the plaintiff against the obligors in 
the bond for the value of the property, or if the property is 
greater than the amount due upon the execution, then for 
the amount due and costs of suit. 



Attachments § 19. When any sheriff or other officer shall 6erve an 
attachment on horses, cattle or live stock, and the same shall 
not be immediately replevied or restored to the debtor, such 
officer shall provide sufficient sustenance for the support of 
such live stock until the same shall be sold or discharged 



ATTACHMENTS. 181 



from such attachment. He shall receive therefor a reason- 
able compensation, to be ascertained and determined by the 
court out of which the attachment issued, and charged in 
the fee bill of such officer, and shall be collectable as part 
of the costs. 

§ 20. When any goods and chattels shall be levied on Perishable 
by virtue of any attachment, and the sheriff or other officer, goods - 
in whose custody such goods and chattels are, shall be of 
opinion that the same are of a perishable nature and in 
danger of immediate waste or decay, such sheriff or other 
officer shall summon three respectable freeholders of his 
county, who shall examine the goods and chattels so levied 
on ; and if the said freeholders shall, on oath or affirmation, 
certify that in their opinion they are of a perishable nature, 
and in danger of immediate wnste and decay, then such 
goods and chattels shall be sold at public vendue, by the 
sheriff or other officer, he having first advertised such sale 
at the court house and two other public places in his county 
at least ten days before the sale : Provided, such property 
may be sold upon such notice, less than ten days, as the 
examiners shall certify will be for the best interest of the 
parties concerned. The money arising from such sale shall 
be liable to the judgment obtained upon such attachment, 
and deposited in the hands of the clerk of the court to which 
the process shall be returnable, there to abide the event of 
such suit. 

§ 21. "When the sheriff or other officer is unable to find Garnishees, 
property of any defendant, sufficient to satisfy any attach- 
ment issued under the provisions of this act,. he shall sum- 
mon the persons mentioned in such writ as garnishees, and 
all other persons within his county whom the creditor shall 
designate as having any property, effects, choses in action 
or credits, in their possession or power, belonging to the de- 
fendant, or who are in anywise indebted to such defend- 
ant, the same as if their names had been inserted in such 
writ ; the persons so summoned shall be considered as gar- 
nishees, and the sheriff shall state, in his return, the names 
of all persons so summoned, and the date of such service on 
each. 

§ 22. When it shall appear by the affidavit filed, or by Non-resident 
the return of the officer, that a defendaut in any attachment defendants - 
suit is not a resident of this state, or the defendant has de- 
parted from this state, or on due inquiry cannot be fouud, 
or is concealed within this state, so that process cannot be 
served upon him, it shall be the duty of the clerk of the 
court in which the suit is pending to give notice, by publi- 
cation at least once in each week for three weeks succes- 
sively, in some newspaper published in this state, most con- 
venient to the place where the court is held, of such attach- 
ment, and at whose suit, against whose estate, for what 
sum, and before what court the same is pending ; and that 



182 ATTACHMENTS. 



unless the defendant shall appear, give bail, and plead with- 
in the time limited for his appearance in such case, judg- 
ment will be entered, and the estate so attached will be 
sold. And such clerk shall, within ten days after the first 
publication of such notice, send a copy thereof by mail, ad- 
dressed to such defendant, if the place of residence is stated 
in such affidavit ; and the certificate of the clerk that he 
has sent such notice in pursuance of this section, shall be 
evidence of that fact. 
Defendant not § 23. No default or proceeding shall be taken against 

served. an y d e f en dant not served with summons, unless he shall 

appear, until the expiration of teu days after the last publi- 
cation as aforesaid, 
continuation § 24. If, for want of due publication or service, the cause 
shall be continued, the same proceedings shall be had at a 
subsequent term of the court, as might have been had at the 
term at which the writ is returnable. 

Declaration. § 25. The declaration shall be filed on the return of the 

attachment, or at the term of the court when the same is 
made returnable. If the declaration is not so filed the de- 
fendant may, in the discretion of the court, have the suit dis- 
missed. 

Practice. § 26. The practice and pleadings in attachment suits, 

except as otherwise provided in this act, shall conform, as 
near as may be, to the practice and pleadings in other suits 
at law. 

Pleadings. § 27. The defendant may plead, traversing the facts sta- 

ted in the affidavit upon which the attachment issued, which 
plea shall be verified by affidavit ; and if, upon the trial 
thereon, the issue shall be found for the plaintiff, the defen- 
dant may plead or demur to the action as in other cases, 
but if found for the defendant, the attachment shall be 
quashed, and the costs of the attachment shall be adjudged 
against the plaintiff, but the suit shall proceed to final judg- 
ment as though commenced by summons, 
insufficiency of § 28. No writ of attachment shall be quashed, nor the 

affi avit. property taken thereon restored, nor any garnishee dis- 

charged, nor any bond by him given canceled, nor any rule 
entered against the sheriff discharged, on account of any in- 
sufficiency of the original affidavit, writ of attachment or* 
attachment bond, if the plaintiff, or some credible person 
for him, shall cause a legal and sufficient affidavit or attach- 
ment bond to be filed, or the writ to be amended, in such 
time and manner as the court shall direct; and in that 
event the cause shall proceed as if such proceedings had 
originally been sufficient. 

Jur y. § 29. In all cases of attachment, any person, other than 

the defendant, claiming the property ati ached, may inter- 
plead, verifying his plea by affidavit, without giving bail, 
but the property attached shall not thereby be replevied ; 
and the court shall immediately (unless good cause be shown 



ATTACHMENTS. » 183 



by either party for a continuance) direct a jury to be im- 
panneled to inquire into the right of property ; in all cases 
where the jury find for a claimant, such claimant shall be 
entitled to his costs; and where the jury find for the plain- 
tiff in the attachment, such plaintiff shall recover his costs 
against such claimant. If such claimant is a non-resident 
of the state he shall file security for costs as in case of non- 
resident plaintiff. • • 

§ 30. Any defendant against whom an attachment may Set-off. 
be sued out under this act, may avail himself in his de- 
fense of any set-off properly pleadable by the laws of this 
state. 

§ 31. The plaintiff in any action of debt, covenant or plaintiff may 
trespass, or on the case, upon promises, having commenced attach - 
an action by summons or capias, may, at any time pending 
such suit, and before judgment therein, on filing in the office 
of the clerk where such action is pending a sufficient bond 
and affidavit showing his right to an attachment under the 
first section of this act, sue out an attachment against the 
lands, goods, chattels, rights, moneys, credits and effects of 
the defendant, which attachment shall be entitled in the . 
suit pending, and be in aid thereof ; and such proceedings 
shall be thereupon had as are required or permitted in orig- 
inal attachments, as near as may be : Provided, this section 
shall not apply to actions of trespass, or cases in which the 
defendant has been arrested and has given special bail. 
And, provided, further, that in all actions of trespass, and 
trespass on the case, before a writ of attachment shall be 
issued, the plaintiff, his agent or attorney shall apply to a 
judge of a court of record or master in chancery of the 
county in which the suit is pendmg, and be examined, un- 
der oath, by such judge or master concerning the cause of 
action ; and thereupon such judge or master shall indorse 
upon the affidavit the amount of damages for which the 
writ shall issue, and no greater amount shall be claimed. 

§ 32. In all cases when a scire facias shall be sued out soire facias. 
of any court of this state, to make any person party to any 
judgment that has been or hereafter may be rendered 
therein, writs of attachment may be issued in aid thereof, 
against one or all of the persons named in such scire facias, 
to any county of this state, upon the terms provided in this 
act; and the parties in such writs of attachment may be 
brought in by notice, as in other cases of attachment, when 
personal service cannot be had. 

§ 33. Upon the return of attachments issued in aid of Notice of suit, 
actions pending, unless it shall appear that the defendant 
or defendants have been served with process in the original 
cause, notice of the pendency of the suit, and of the issue 
and levy of the attachment, shall be given as is required in 
cases of original attachment ; and such notification shall be 
sufficient to entitle the plaintiff* to judgment, and the right 



184 ATTACHMENTS. 



to proceed thereon against the property and estate attached, 
and against garnishees, in the same manner and with like 
effects as if the suit had been commenced by attachment. 
Defendant ser- § 34. When the defendant has been served with the 

ved with wnt. wr [^ or appears to rhe action, the judgment shall have the 
same force and effect as in suits commenced by summons ; 
and execution may issue thereon not only against the pro- 
perty attached, but the other property of the defendant 
judgment by § 35. When the defendant shall be notified as aforesaid, 

default. but not served with process, and shall not appear and an- 

swer the action, judgment by default may be entered, which 
may be proceeded upon to final judgment as in other cases 
of default, but in no case shall judgment be rendered against 
the defendant for a greater sum than appears, by the affi- 
davit of the plaintiff, to have been due at the time of ob- 
taining the attachment, with interest, damages and costs; 
and such judgment shall bind, and a special execution shall 
issue against the property, credits and effects attached, and 
no execution shall issue against any other property of the 
defendant; nor shall such judgment be any evidence of 
debt against the defendant in any subsequent suit. 

Execution. § 36. The property attached may be levied upon by exe- 

cution issued in the attachment suit, whether in the hands 
of the officer or secured by bond as provided in this act, 
and shall be sold as other property levied upon by execution, 
judgments to § 37. All judgments in attachments against the same 

ehaiepro rata, defendant, returnable at the same term, and all judgments 
in suits by summons, capias or attachment against such 
defendant, recovered at that term or at the term when the judg- 
ment in the hrst attachment upon which judgment shall be 
recovered is rendered, shall share pro rata, according to the 
amount of the several judgments, in the proceeds of the 
property attached, either in the hands of a garnishee or 
otherwise : Provided, when the property is attached while 
the defendant is removing the same or after the same has 
been removed from the county, and the same is overtaken 
and returned, or while the same is secreted by the defen- 
dant, or put out of his hands, for the purpose of defrauding 
his creditors, the court may allow the creditor or creditors 
through whose diligence the same shall have been secured 
a priority over other attachments or judgment creditors, 
statement of § 38. Upon issuing executions against any property at- 

judsmems. tacned, the proceeds of which shall be required to be di- 
vided, the clerk shall, at the same time, make out and de- 
liver to the sheriff, or other officer to whom the execution 
is issued, a statement of all judgments, with the costs 
thereon, which shall be entitled to share in such proceeds, 
and when any judgment creditor shall have been allowed 
a priority over the other judgment creditors, the same shall 
be stated. Upon the receipt of such proceeds by the sheriff 
or other officer, he shall divide and pay over the same to 



ATTACHMENTS. . 185 



the several judgment creditors entitled to share in the same 
in the proportion they shall he entitled thereto. 

§ 39. The court may, at any time before the proceeds ^° wers of the 
of any attached property has been paid over to the judgment 
creditors, order the whole or any part thereof to be paid 
into court, and may make any and all such orders concern- 
ing the same as it shall deem just. 

§ 40. The plaintiff or defendant in any attachment, per- writs of eiror. 
son interpleading, and the sheriff, or either of them, who 
may feel aggrieved by the judgment of the court, may 
prosecute writs of error, and take appeals as by law is pro- 
vided in other cases. 

§ 41. This act shall be construed in all courts in the 
most liberal manner for the detection of fraud. 

§ 42. Chapter nine of the Revised Statutes of 1845, Acta repealed. 
entitled "Attachments in circuit courts," (except so much 
thereof as pertains to proceedings against garnishees, not 
herein reenacted.) and also the several acts amendatory of 
said chapter, approved respectively February 17, 1851, and 
February 22, 1861, February 13, 1865, and March 31, 1869, 
and all acts and parts of acts inconsistent or in conflict with 
this act, are hereby repealed. This section shall not be 
construed to affect any suits pending or rights existing^un- 
der said acts at the time this act shall take effect. 

Approved December 28, 1871. 



AS ACT in regard to attachments before justices of the peace. In for 1 c 8 e T2 July 1 ' 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That writs when attach- 
of attachment may be granted against the personal estate, ™rtntea may 
goods, chattels, money, choses in action, credits and effects 
of the debtor, by justices of the peace, in all civil actions 
cognizable before them, where the demand does not exceed 
the jurisdiction of justices of the peace, for the same causes 
as attachments may be issued out of courts of record, and 
upon filing with the justice a sufficient affidavit and bond 
to the defendant with sufficient security, to be approved by 
the justice, in a penalty at least double the amount of the 
plaintiff's claim, conditioned substantially as hereinafter 
provided. 

§ 2. Affidavits for attachment before justices of the Affidavits. 
peace may be substantially in the following form : 
State of Illinois, ) 
. . . Vounty. \ 

A B, being duly sworn, says : That (here state if affiant is agent or attorney 
of the creditor, and if the suit is by firm, the names of the partners,) has a just 
demand against (name of debtor), on account of (here make short statement ot 

—19 



186 



ATTACHMENTS. 



th& nature of the demand), and the affiant believes (the name of creditor) is en- 
titled to recover of said (name of debtor), after allowing all just credits and set- 
offs, dollars and cents, which is now due, and that he has good 

reason to believe and does believe that (name of debtor) (here state some one or 
more of the causes which authorize an attachment,) the said (name of debtor) 
(here state the residence of the debtor if known, or if not, that the affiant has 
made diligent inquiry and cannot ascertain his place of residence.) 

condition of § 3. The condition of the bond shall be substantially as 

bond. follows: 

The condition of the above obligation is such that, whereas the above 

bounden hath, on the day of the date hereof, prayed an attachment at 

the suit of against the personal estate of the above named 

for the sum of , and the same being about to be sued out, returnable 

on the day of , before (said justice.) Now, if the said .... 

shall prosecute his suit with effect, or in case of failure therein, shall 

well and truly pay and satisfy the said , all such costs in such suit, 

and such damages as the said may sustain, by reason of wrongfully 

suing out the said attachment, then the above obligation to be void, else to 
remain in full force and virtue. 

Witness our hands and seals, this .... day of . . . ., 18. . 

[seal.] 

^Writ of attach- g 4 ^he writ of attachment shall be substantially in the 
following form : 

State of Illinois,) 
.... County. \ 
The People of the State of Illinois, to any Constable of said County — Greeting: 

Whereas, A B, (or agent or attorney of A B, as the case may be,) hath com- 
plained that E F is justly indebted to the said A B in the amount of 

dollars ; and that the said E F (here state the cause as in the affidavit), and the 
said A B, having given bond and security according to law: We, therefore, 
command you that you attaeh so much of the personal estate of the said E F to 
be found in your county as shall be of value sufficient to satisfy the said debt 
and costs ; and such personal estate so attached, in your hands to secure, or so 
to provide that the same may be liable to further proceedings thereon, accord- 
ing to law, before the undersigned justice of the peace. And that you summon 

the said E F to appear before me, at my office, on the day of 

next, and that you also summon, as garnishees, all persons who the plaintiff or 
his agent shall direct, to appear before me at the same time and place, then and 
there to answer what may be objected against him or them, when and where you 
shall make known how you have executed this writ; and have you then and 
there this writ. 

Given under my hand and seal, this .... day of . . . , 18. . 

G D, Justice of the Peace. 
[seal.] 

Return of writ. § 5. The writ of attachment shall be made returnable 
not less than five nor more than thirty days from the date 
thereof. 
constable to § Q, The constable to whom any attachment may be 
. c delivered shall, without delay, execute the same, by levy- 

ing on the personal estate, goods, chattels, moneys, choses 
in action, credits and effects of the defendant, of value suffi- 
cient to satisfy the debt or damages claimed to be due, and 
all costs attending the collection of the same ; he shall also 
read the same to the defendant, if he can be found in the 
county, and also to such persons as the plaintiff or his agent 
shall direct to be summoned as garnishees, and make return 
thereof, stating how he has executed the same. 



ATTACHMENTS. 187 



§ 7. If the defendant, or any other person for him, shall Removal of 
be in the act of removing such personal property, the officer proper y - 
may pursue and take the same, in any county in this state, 
and convey the same to the county from which such attach- 
ment issued. 

§ 8. Upon the return of any attachment issued by a jus- cause to be 
tice of the peace, if it shall appear that the defendant has 
been personally served with the same, or if such defendant 
shall appear without such service, the justice shall proceed 
to hear and determine the cause, as in cases of proceeding 
by summons. 

§ 9. But if it does not appear that the defendant has continuation, 
been served, and no appearance be entered by the defend- 
ant, the justice shall continue the case not less than fifteen 
days, and shall immediately prepare a notice to be posted 
up at three public places in the neighborhood of the justice, 
directed to the defendant, and stating the fact that an at- 
tachment had been issued, and at whose instance, the 
amount claimed to be due, and the time and place of trial; 
and also stating, that unless the said defendant shall appear 
at the time and place fixed for trial, judgment will be en- 
tered by default, and the property attached ordered to be 
sold to satisfy the same ; which notice shall be delivered to 
the constable, who shall post three copies of the same at 
three public places in the neighborhood of the justice, at 
least ten days before the day set for trial ; and if the place 
of residence of the defendant is stated in the affidavit for 
the attachment, shall, at the same time, mail one copy of 
the notice addressed to such defendant, at such place of 
residence ; and on or before that day he shall return the 
notice delivered to him by the justice, with an indorsement 
thereon, stating the time when and the place where he 
posted and mailed copies as herein required. 

§ 10. If notice shall not be given according to law, or Notice. 
for any other good cause, the justice may continue the case 
from time to time till proper notice shall have been given or 
the case is ready for trial. 

§ 11. When notice shall be given of any proceeding by when notice 
attachment, as required by the ninth section of this act, the has beeI1 g ven - 
justice shall, on the day set for trial of the cause, proceed 
to hear and determine the same, as though process had 
been personally served upon the defendant, and if judgment 
be given against the defendant, shall order a sale of the pro- 
perty attached, or so much thereof as will satisfy the judg- 
ment and all costs of suit. 

§ 12. When an attachment shall be returned served Garnishee. 
upon any person as garnishee, the justice shall make an 
entry upon the record of his proceeding in the cause, sta- 
ting the name of each person summoned, and continue the 
case as to such garnishee, and shall proceed with the cause 



188 



ATTACHMENTS. 



Summons 
garnishee. 



to 



Garnishee. 



Provisions to 
apply. 



as against the defendant in the attachment as though the 
attachment had been levied on personal property. 

§ 13. When judgment is entered by a justice of the 
peace against a defendant in attachment, and any person 
has been summoned as garnishee in the case, it shall be the 
duty of the justice to issue a summons against the person so 
summoned, requiring him to appear betore the justice at a 
time and place to be fixed in the summons, not less than 
five nor more than fifteen days from the date hereof, then 
and there to answer upon oath what amount he is indebted 
to the defendant in the attachment, or what property, choses 
in action, or effects belonging to the defendant, or in which 
he has any interest, or he had in his possession or power, at 
the time of serving the attachment. 

§ 14. The further proceedings against garnishees shall 
be had in pursuance to the act on garnishments. 

§ 15. The provisions of law governing attachments in 
courts of record, shall apply to attachments before justices 
of the peace, so far as the same are applicable and not 
inconsistent with the provisions which are especially appli- 
cable to the latter : Provided, this section shall not be con- 
strued to require of either party to file written pleadings in 
any attachment before a justice of the peace. 

§ 16. Exceptions to the bond taken by the constable 
shall be taken at or before the first hearing of the case after 
the same shall have been returned to the justice, but the 
hearing of such exceptions may be adjourned for the pur- 
pose of giving notice to the constable, or for other good 
cause. 

§ 17. Appeals may be taken in cases of attachment 
before justices of the peace, in the same manner as in cases 
by summons before justices of the peace. 

§ 18. Chapter eight of the Revised Statutes of 1845, 
entitled "Attachments before Justices," and all acts and 
parts of acts inconsistent herewith, are hereby repealed : 
Provided, this section shall not affect any suit pending or 
right existing at the time this act shall take effect. 

Approved February 9, 1872. 



Exceptions 
bond. 



Appeals. 



Acts repealed. 



ATTORNEYS. 



189 



ATTORNEYS. 



AN ACT in regard to attorneys-general and state's attorneys. In force July 1 



1872. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly , That before Tobecommis- 
entering upon the respective duties of their offices, the at- S10ne ' 
torney-general and state's attorneys shall each be commis- 
sioned by the governor, and shall take the following oath or 
affirmation : 

I do solemnly swear (or affirm, as the case may be,) that I will support the Oath, 
constitution of the United States and the constitution of the state of Illinois, 
and that I will faithfully discharge the duties of the office of attorney- general, 
(or state's attorney, as the case may be), according to the best of my ability. 

And shall also execute a bond, to the People of the State Boud. 
of Illinois, with good aDd sufficient securities, to be approved 
by the governor, the attorney-general's bond to be in the 
sum of ten thousand dollars and each state's attorney's bond 
to be in the sum of five thousand dollars, each conditioned 
upon the faithful discharge of his duties and the paying 
over all moneys, as provided by law — which bonds shall be 
filed in the office of the secretary of state, and shall inure 
to and be for the benefit of the state, county, corporation or 
person injured by a breach of any of the conditions thereof, 
and the governor may, at any time when he deems it neces- 
sary, require a new bond or new or additional security to be 
given. If any attorney-general or state's attorney neglects, 
or refuses to give and file any such bond, or to take the oath 
or affirmation herein required, within sixty days after his 
election, his office shall be deemed vacant. 

§ 2. The duties of the attorney-general shall be : Duties of the 

First — To appear for and represent the people of the attorney 
state before the supreme court, in each of the grand divi- 
sions, in all cases in which the state or the people of the 
state are interested. 

Second — To institute and prosecute all actions and pro- 
ceedings in favor of or for the use of the state, which may 
be necessary in the execution of the duties of any state 
officer. 

Third — To defend ail actions and proceedings against 
any state officer, in his official capacity, in any of the courts 
of this state or the United States. 

Fourth — To consult with and advise the several state's 
attorneys in matters relating to the duties of their office ; 
and when, in his judgment, the interest of the people of 
the state requires it, he shall attend the trial of any partv 
accused of crime, and assist in the prosecution. 



S'eue- 



190 ATTORNEYS. 



Fifth — To consult with and advise the governor and 
other state officers, and give, when requested, written opin- 
ions upon all legal or constitutional questions relating to the 
duties of such officers, respectively. 

Sixth — To prepare, when necessary, proper drafts for 
contracts and other writings, relating to subjects in which 
the state is interested. 

Seventh — To give written opinions, when requested by 
either branch of the general assembly, or any committee 
thereof, upon constitutional or legal questions. 

Eighth — To enforce the proper application of funds ap- 
propriated to the public institutions of the state, prosecute 
breaches of trust in the administration of such funds, and, 
when necessary, prosecute corporations for failure or refu- 
sal to make the reports required by law. 

Ninth — To keep, in proper books, a register of all cases 
prosecuted or defended by him, in behalf of the state or its 
officers, and of all proceedings had in relation thereto, and 
to deliver the same to his successor in office. 

Tenth — To keep in his office a book, in which he shall 
record all the official opinions given by him during his term 
of office, which book shall be by him delivered to his suc- 
cessor in office. 

Eleventh — To pay into the state treasury all moneys re- 
ceived by him for the use of the state. 

Twelfth — To attend to and perform any other duty which 
may, from time to time, be required of him by law. 
Duties of the § 8. The duties of each state's attorney shall be : 
state's attorneys Jfw8t — To commence and prosecute all" actions, suits, in- 
dictments and prosecutions, civil and criminal, in his county, 
in which the people of the state or the county may be con- 
cerned. 

Second — To prosecute all forfeited bonds and recognizan- 
ces, and all actions and proceedings for the recovery of 
debts, revenues, moneys, hnes, penalties and forfeitures ac- 
cruing to the state or his county, or to any school district or 
road district in his county. 

Third — To commence and prosecute all actions and pro- 
ceedings brought by any county officer, in his official ca- 
pacity. 

Fourth — To defend all actions and proceedings brought 
against his county, or against any county or state officer, in 
his official capacity, within his county. 

Fifth — To attend the examination of all persons brought 
before any judge on habeas corpus, when the prosecution is 
in his county. 

Sixth — To attend before justices of the peace, and prose- 
cute charges of felony or high misdemeanor, when in his 
power so to do. 

Seventh — To give his opinion, without fee or reward, to 
any county officer, and to justices of the peace, in his 



ATTORNEYS. 191 



county, upon any question of law relating to any criminal or 
other matter, in which the people or the county may be 
concerned. 

Eighth — To assist the attorney-general whenever it may 
be necessary ; and in cases of appeal or writ of error from 
his county to the supreme court, to which it is the duty of 
the attorney-general to attend, he shall, a reasonable time 
before the trial of such appeal or writ of error, furnish the 
attorney -general with a brief, showing the nature of the 
case and the questions involved. 

Hinth — To pay all moneys received by him in trust, with- 
out delay, to the officer who by law is entitled to the cus- 
tody thereof. 

Tenth— To perform such other and further duties as may, 
from time to time, be enjoined on him by law. 

§ 4. Whenever the attorney-general or any state's at- in cases of 
torney is sick, or absent, or unable to attend, or is interested g^f 88 orab " 
in any cause or proceeding, civil or criminal, which it is or 
may be his duty to prosecute or defend, the court in which 
such cause or proceeding is pending, may appoint some 
competent attorney to prosecute or defend such cause or 
proceeding ; and the attorney so appointed shall have the 
same power and authority, in relation to such cause or pro- 
ceeding, as the attorney-general or state's attorney would 
have had if present and attending to the same ; and the 
court may make an order allowing the attorney so appointed 
reasonable compensation for his services, a copy of which 
order shall be certified. by the clerk of such court to the au- 
ditor of public accounts, who shall issue a warrant for the 
payment thereof to the attorney so appointed, and the 
amount of such warrant shall be deducted from the salary 
of the attorney-general or state's attorney whose duties have 
been performed as aforesaid. 

§ 5. The following acts and parts of acts are hereby re- Acts repealed, 
pealed: Chapter twelve, of the Revised Statutes of 1845, 
entitled "Attorneys-general and circuit attorneys ;" an act 
entitled "An act to create the office of attorney-general, and 
prescribing nis duties," approved February 27, 1867; and 
all other acts inconsistent with the provisions of this act ; 
but the repeal of said acts shall not affect any of the attor- 
neys now in office, or any rights or liabilities that have ac- 
crued when this act shall take effect. 
Approved March 22, 1872. 



192 AUDITOR. 



AUDITOR OF PUBLIC ACCOUNTS. 



In force Julyl, AN ACT defining the duties of the auditor of public accounts, under section 
1871. one f u^ n ac( . ^ fund and provide for paying railroad debts of counties, 

townships, cities and towns," in force April 16, 1869. 

Preamble. Whekeas the auditor of public accounts presents a prac- 

tical difficulty in administering section one of "An act to 
fund and provide for paying railroad debts of counties, 
townships, cities and towns," in force April sixteenth, one 
thousand eight hundred and sixty-nine, in making a lawful 
and equitable distribution of the funds created under said 
act, between townships, cities or towns and counties, where 
such townships and cities or towns are located in the same 
county, and each of such corporations, including the county, 
are entitled to the benefits arising under said act; therefore, 
Section 1. Be it enacted by the People of the State of 
Illinois, represented in the G-eneral Assembly, That when- 
Auditor to dis- ever tne valuations of property, as shown by the assessment 

tribute the tax returns of two or more corporations, embrace the same sur- 

m equal propor- . ,. , , . * _ . ... » .. 

tiong. plus valuation, the auditor ot public accounts, in determin- 

ing the amount due by virtue of said act of April sixteenth, 
one thousand eight hundred and sixty-nine, to the county, 
the township, the city or town, shall distribute the tax on 
such surplus valuation in equal proportions between such 
corporations, that is to say: should the valuation of the 
county show a surplus of three thousand dollars, the town- 
ship a surplus of three thousand dollars, the town or city a 
surplus of three thousand dollars, each shall be entitled to 
the proportion of one thousand dollars. Any excess of such 
surplus valuation in either of said corporations, and not 
embraced in the surplus valuation of either of the others, 
shall be apportioned to such corporation ; or, if in either 
two of such corporations, and none in the third, such amount 
shall be equally divided between such two corporations. 
Tax on ran- § 2. The tax on the property of railroads aided, appro- 
be ad apportioned printed in section one of said act of April sixteenth, one 
by auditor. thousand eight hundred and sixty -nine, shall be apportioned 
by the auditor between counties, townships, cities and 
towns in similar cases, in the same manner as the surplus 
tax is required to be apportioned by section one of this act : 
Provided, that the amount of surplus tax shall be deducted 
from the amount of state tax on the railroads aided, in each 
corporation, so that no county, township, city or town, shall 
receive both the surplus and railroad tax, or when the 
amount of surplus tax exceeds the amount of state tax on 
railroads aided, in any corporation, then, in such case, no 



BAIL IN CIVIL CASES. 193 



state tax on railroads aided, shall be placed to the credit of 
such county, township, city or town. 
In force July 1, 1871. 

I, Edward Rujimel, secretary of state, do hereby certify that the foregoing 
act of the twenty- seventh general assembly, of the state of Illinois, was filed in 
the office of the secretary of state, April twenty-seventh, one thousand eight 
hundred and seventy-one, by the governor, without his approval, and that said 
bill has become a law by virtue of section sixteen, of article five, of the con- 
stitution. 

EDWARD RTJMMEL, 

Secretary of State. 



BAIL IN CIVIL CASES. 



AN ACT concerning bail in civil cases. In force j n j,. j 



1872. 



Section 1 . Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That when Actions for debt 
any person shall be about to commence a suit in any court 
of record in this state, founded upon any specialty, bill or 
note, in writing, or on the judgment of any court, and in 
all actions of covenant and account, and actions on verbal 
contracts or assumpsits at law, if the plaintiff, or his agent 
or attorney, shall make an affidavit setting forth the cause 
of action, and the amount due the plaintiff, and facts show- 
ing that the defendant fraudulently contracted the debt, or 
incurred the obligation, respecting which the suit is about 
to be brought, or that he has concealed, assigned, removed, 
or disposed of his property with intent to defraud such 
plaintiff; and shall present such affidavit to a judge of a 
court of record, or if there be no such judge in the county 
at the time, then to a master in chancery ; and if sucli 
judge or master shall be satisfied that sufficient cause is 
shown to require bail, he shall indorse an order under his 
hand, on said affidavit, directing the clerk of the court in 
which suit is about to be brought, to issue a capias ad re- 
spondendum, directed to the proper officer to execute, for the 
arrest of the defendant or defendants in such proposed 
action ; and the judge or master shall, in such order, fix the j a( ]g e t0 fix 
amount of the bail, and upon the filing of such affidavit and baU - 
order, it shall be the duty of the clerk to issue a capias and 
indorse thereon an order directing the sheriff or officer to 
whom such process is directed, to hold the defendant to bail 
in the sum specified in such order, and the sheriff or officer 
serving such process shall take bail accordingly. 

—20 



194r BAIL IN CIVIL CA8ES. 

Actions for § 2. In actions sounding merely in damages, where the 
damages. same caDnot be ascertained as aforesaid, the affidavit shall 

also set forth the nature and cause of the action, with the 
substantial or chief facts in relation thereto, and that the 
affiant verily believes that the benefit of whatever judgment 
may be obtained, will be in danger of being lost unless the 
defendant is held to bail, and if, upon examination thereof, 
the judge or master shall be satisfied that sufficient cause is 
shown to require bail, he shall make an order thereon, speci- 
fying in what amount the defendant shall be required to 
give bail, and like proceedings shall be had thereon as is 
provided in the foregoing section. The officer serving the 
process shall, in like manner, take bail. 
Plaintiff to give § 3. The judge or officer ordering the issuing of such 
bond.. capias, shall require bond of the plaintiff in a penal sum of 

double the amount sued for, with security to be approved 
by the clerk issuing the writ, conditioned that the plaintiff 
shall prosecute the capias with effect and without deiay, and 
pay the defendant all costs and. damages that may be sus- 
tained by the wrongful suing out such capias. And no 
capias shall issue until such bond is approved and filed by 
such clerk. 
Writs issued § 4. Where any writ shall have been issued from any 
record? 0111 s ° court of record in this state whereon bail is required, the 
sheriff or other officer to whom the same may be directed 
shall take a bail bond to himself, with sufficient security, in 
a penalty of double the sum for which bail is required. 
And for the purpose of avoiding errors in the taking there- 
of, the condition shall be substantially in the following form: 

The condition of this obligation is such, that whereas, A B has lately 

sued out of the court of the county of , a certain writ of capias 

ad resprmdendum, in a certain plea of , against C D, returnable to the 

next term of the said court, to be holden at , on the day of 

next. Now, if the said D shall be and appear at the said court, to be holden 

at , on the day of next, and in case the said E F shall 

not be received as bail in the said action, shall put in good and sufficient bail, 
Bail bond. which shall be received by the plaintiff, or shall be adjudged sufficient by the 

court, or the said E F, being aceepted as bail, shall pay and satisfy the costs 
and condemnation money which may be rendered against the said C D in the 
plea aforesaid, or surrender the body of the said C D in execution in case the 
said C D shall not pay and satisfy the said costs and condemnation money, or 
surrender himself in execution, when by law such surrender is required, then 
this obligation to be void: otherwise to remain in full force and effect. 

Which bond, so taken, shall be returned with the writ, on 
or before the first day of the term of the court to which the 
writ is returnable. The officer making an arrest under the 
provisions of this chapter, shall give to the person- arrested 
reasonable time and opportunity to procure bail, before 
committing such person to the jail, 
who may be § 5. No person shall be permitted to be special bail in 
bfUl - any action, unless he be a householder and resident within 



BAIL IN CIVIL CASES. 



195 



this state, and of sufficient property ; and no counselor or 
attorney at law, sheriff, under sheriff, bailiff, constable, or 
other person concerned in the execution of process, shall be 
permitted to be special bail in any action. 

§ (>. In any and all cases where the sheriff shall be ^JJ^^" 
by law required to take bail upon any writ or process, such 
sheriff shall have the power to administer oaths, and to ex- 
amine the person offered as bail, touching his sufficiency, 
and shall require such examination to be reduced to writing, 
and signed by the person offered as bail. 

§ 7. In case the sheriff or other officer executing such Failure to take 
process, and to whom it shall be directed, shall neglect to 
take such bond, or the bail be held insufficient, on excep- 
tion taken and eatered of record during the term to which 
such writ shall be made returnable, the sheriff or other 
officer having reasonable notice of taking such exception 
shall, in either case, be deemed and stand as special bail in 
the action ; and the plaintiff may proceed to judgment 
against such sheriff or other officer, as in other cases against 
special bail. 

§ 8. Where the bail shall be adjudg-ed insufficient by . Where ban is 
the court, the bond shall in that case stand as a security to 
the sheriff, or other officer issuing such process, who may, 
upon a forfeiture of the condition to appear and perfect bail, 
proceed thereon, in an action of debt or covenant, to recover 
the amount of whatever damages he may have sustained 
by reason of the non-performance of such condition ; and 
shall also have the same right to arrest and detain the prin- 
cipal in custody, in case the bail shall be adjudged insuffi- 
cient by the court, and the principal shall not perfect bail 
within the time required by law, as the bail might have had. 
If he shall elect to arrest and commit the principal to prison, 
then his remedy on the bond shall cease and the bond be 
void. The sufficiency of the bail shali be excepted to, 
during the term to which the writ is returnable: otherwise 
the same shall be considered as accepted by the plaintiff. 
Objections to the sufficiency of bail shall be decided by the 
court in which the exception is taken, without delay, on 
such evidence as may be produced, and as it may deem sat- 
isfactory. The burthen of proof shall lie on the party affirm- 
ing the sufficiency, allowing the bail to be examined on 
oath or affirmation, touching his sufficiency. 

§ 9. The court in term time, or the judge in vacation, Discharge from 
may, on application, discharge the defendant from arrest arrest ' 
for insufficiency of the affidavit, or because the facts stated 
therein are not true, or other good cause which would entitle 
him to be discharged upon habeas carpus, or in case he has 
given bail may discharge the same, or reduce the amount 
thereof, upon good cause shown. 



196 BAIL IN CIVIL CASES. 



§ 10. In case of a discharge of the defendant, or his 
bail, the capias shall stand as a summons, 
surrender of § H. It shall be lawful for the defendant in any action, 
in any court of record, when bail shall have been given as 
aforesaid, to surrender himself, or for his bail to surrender 
him, at any time before the return day of the process which 
may have been sued out against the bail, to the court in 
which the suit may be pending, during the sitting thereof, 
or in Vacation, to the sheriff or other officer who executed 
the capias. 
Entry ob records § 12. In case the surrender shall be made during the 
sitting of the court, an entry shall be made on the records 
of the court, stating the surrender and commitment of the 
defendant to the custody of the sheriff, 
certified copy § 1 3. If the surrender be made in vacation, the bail or 
of bail bond. principal shall obtain a certified copy of the bail bond from 
the sheriff or clerk of the court, in whosesoever possession 
the same may be, and shall deliver himself, or be delivered 
by his bail to such sheriff, who shall thereupon indorse on 
such copy of the bail bond an acknowledgment of the sur- 
render of the body of the defendant to his custody, and the 
defendant shall be committed to the jail of the county, 
there to remain until discharged by due course of law. 
Copy to be med. § 14. It the surrender is made pending a suit against 
the bail, the said copy of the bond with such acknowledg- 
ment shall be filed in the office of the clerk of the court in 
which the action is pending. If betore such suit, the same 
shall be filed with the clerk of the court in which the origi- 
nal action was brought. 
Discharge of § 15. Upon giving notice of the surrender, whether 
made in term time or vacation, to the plaintiff or his attor- 
ney, and paying the costs of the action against the bail if 
any have accrued, the bail shall be discharged from all lia- 
bility. 
Discharge of] § 16. If the surrender be after judgment, and the plain- 
defendant, tiff shall not cause the defendant to be held on execution 
within five days after notice thereof, he shall be discharged 
out of custody; the plaintiff may, notwithstanding such 
discharge, have execution against the real and personal 
estate ot the defendant, 
when deiend- § IT. Any defendant surrendered into custody or com- 
dered! 8 eurren " mitted by his bail, in manner aforesaid, may, at any time 
before final judgment shall have been rendered in the action, 
discharge himself from custody by giving other good and 
sufficient special bail ; the sheriff or other officer authorized 
to take bail, shall take new bail to the same effect as here- 
inbefore provided. 
Ban may arrest § 18. In all cases of bail, under this act, it shall and 
principal. ma ^ ^ i aw f u j f or t | ie j^i ^ arres t and secure the body of 

the principal, until a surrender can be made to the sheriff 
of the county where the suit may be pending, or to the 



bail 



BAIL IN CIVIL CASES. 



197 



court to which the process was returnable, and may, by in- 
dorsement upon the back of a duly certified copy of the bail 
bond, authorize any other person to arrest, secure and sur- 
render the body of the principal. 

§ 19. All bail taken according to the directions of this act, sp^ai bail, 
shall be deemed and taken as special bail, and may be pro- 
ceeded against by proper action, in the name of the obligee 
for the use of the party injured. 

§ 20. Hereafter, no suit shall be commenced upon any suits on bail 
bail bond, in any civil action, until a, writ of capias ad sat- 
isfaciendum shall have issued against the defendant in the 
original action, directed to the sheriff of the county in which 
such defendant was arrested, and such sheriff shall have re- 
turned that the said defendant was not found in his county ; 
if any action shall hereafter be commenced upon such bond, 
and it shall not appear upon the trial thereof that a writ of 
capias ad satisfacienditm was issued and returned in the 
manner herein[before] mentioned, a verdict shall be found 
for the defendant. It shall be also necessary to charge the 
bail that such writ of capias ad satisfaciendum should be 
issued and delivered, at least ten days before the return 
day thereof, to the sheriff of the county, or officer to whom 
it may be directed ; such sheriff or other officer shall en- 
deavor to serve such writ upon the defendant, any direc- 
tions which he may receive from the plaintiff or his attor- 
ney to the contrary notwithstanding. 

§ 21. In all cases where judgment shall hereafter be o • J " t d l m j ? nt 
entered up in any court of record in this state, against any 
person as bail for another, and the amount of such judg- 
ment or any part thereof has been paid, or discharged by 
such bail, his executor, administrator or heirs, it shall and 
may be lawful for such bail, his heirs, executor or adminis- 
trator, to obtain judgment by motion against the person for 
whom he was bound, for the full amount of what shall have 
been paid by the said bail, his heirs, executor or adminis- 
trator, in such court where judgment shall have been en- 
tered up against such bail. Before judgment shall be 
entered up against the principal, ten days previous notice 
of such motion shall be given to him, if a resident of this 
state ; and if a non-resident, then notice of such motion 
shall be published, for four weeks successively, in some 
newspaper printed in the county in which said proceeding 
shall be had, and in case no newspaper shall be published 
in said county, then in the nearest county in which a news- 
paper shall be published. 

§ 22. In all actions against bail, it shall be lawful for Death of prin- 
the bail to plead, in bar of such actions, the death of the cipa1, 
principal before the return day of the process against the 
bail ; if on the trial of any such issue, the death of the 
principal be found to have happened before such return 
day, judgment shall be given in favor of the defendant; he 



198 BASTARDY. 



shall, notwithstanding, be liable to judgment and execu- 
tion for the costs of suit, unless such death shall be found 
to have taken place before the commencement of the action, 
when the de- § 23. If any defendant, having given special bail in any 

ried outVae action, shall afterwards be arrested and delivered over to 

state. ^ e executive authority of the United States, or of any state 

or territory thereof, upon a charge of having committed a 
crime out of the jurisdiction of this state, and shall be there- 
upon carried beyond the limits thereof, such bail shall be 
discharged from all liability incurred as bail, if the defend- 
ant has not returned to this state discharged from such ar- 
rest, before he shall be liable to be charged as bail for such 
defendant. 
Discharge as § 24. When any defendant in any civil action shall have 

insolvent de tor b een discharged as an insolvent debtor, agreeably to the 
laws of this state respecting insolvent debtors, or under any 
bankrupt law of the United States, and a certificate from 
the authority lawfully granting the same shall be produced 
to the court, the bail of such defendant shall, in all cases, be 
entitled to have an exonereiur entered upon the records of 
the court, which shall, thereupon, operate as a discharge 
from the bond in the same manner as if he had surrendered 
his principal in court, or to the sheriff, as hereinbefore di- 
rected: Provided, that judgment shall not have been re- 
covered against him as the bail of such defendant. 

scire facias. § 25. Hereafter, proceedings by sciri facias against bail, 

in civil cases, shall not be allowed in any court of record 
in this state. 

Acts repealed. § 26. That chapter fourteen of the He vised Statutes of 
eighteen hundred and forty -five, entitled "Bail," and sec- 
tions one and five of an act entitled " An act to regulate 
practice in courts in certain cases," approved February 
eighteenth, eighteen hundred and fifty-seven, and all acts 
and parts of acts inconsistent herewith, are hereby repealed.. 
Approved January 22, 1&72. 



BASTARDY. 



In force July 1, AN ACT concerning bastardy. 

1872. 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That when 

Warrant lor an unmarried woman who shall be pregnant, or delivered 

arrest. j- a c hiid w hich by law would be deemed a bastard, shall 

make complaint to a justice of the peace of the county where 



BASTARDY. 199 



she may be so pregnant or delivered, or the person accused 
may be found, and shall accuse, under oath or affirmation, 
a person with being the father of such child, it shall be the 
duty of such justice to issue a warrant against the person 
so accused, and cause him to be brought forthwith before 
him, or in his absence any other justice of the peace in such 
county. 

§ 2. The warrant shall be directed to all sheriffs, coro- To whom di- 
ners and constables in the state of Illinois, and may be exe rece ' 
cuted by any such officer in any county. 

§ 3. Upon his appearance, it shall be the duty of said Examination 
justice to examine the woman, upon oath or affirmation, in onoatl1 
the presence of the man alleged to be the father of the 
child, touching the charge against him. The defendant 
shall hare the right to controvert such charge, and evidence 
may be heard as in cases of trial before the county court. 
If the justice shall be of opinion that sufficient cause ap- 
pears, it shall be his duty to bind the person so accused, in 
bond, with sufficient security, to appear at the next county 
court to be holden in such county, to answer to such charge; 
to which court said warrant and bond shall be returned. 
On neglect or refusal to give bond and security, the justice 
shall cause such person to be committed to the jail of the 
county, there to be held to answer the complaint. 

§ 4. The county court of such county, at its next term, issue to be tried 
shall cause an issue to be made up, whether the person 
charged, as aforesaid, is the real father of the child or not, 
which issue shall be tried by a jury. When the person 
charged appears and denies the charge, he shall have a 
right to controvert, by all legal evidence, the truth of such 
charge. 

§ 5. If, at the time of such court, the woman be not Recognizance, 
delivered, or as unaole to attend, the court shall order a 
recognizance to be taken of the person charged as afore- 
said, in such an amount, and with such sureties as the court 
may deem just, for the appearance of such person at the 
next court, after the birth of her child ; and should such 
mother not be able to attend at the next term after the 
birth of her child, the recognizance shall be continued until 
she is able. 

§ 6. On the trial of every issue of bastardy, the mother witnesses, 
and defendant shall be admitted as competent witnesses, 
and their credibility shall be left to the jury. 

§ 7. If, upon the trial of the issue aforesaid, the jury costs. 
shall find that the child is not the child of the defendant, or 
alleged father, then the judgment of the court shall be that 
he be discharged. The woman making the complaint shall 
pay the costs of the prosecution, and judgment shall be 
entered therefor, and executiou may thereupon issue. 

§ 8. In case the issue be found against the defendant, or Provision for 
reputed father, or whenever he shall, in open court, have supportofchild - 



200 BASTARDY. 

confessed the truth of the accusation against him, he shall 
be condemned by the order and judgment of the court, to 
pay a sum of money not exceeding one hundred dollars for 
the first year after the birth of such child, and a sum not 
exceeding fifty dollars yearly, for nine years succeeding said 
first year, for the support, maintenance and education of 
such child, and shall moreover, be adjudged to pay all the 
costs of the prosecution, for which costs execution shall 
Bond to be issue as in other cases. And the said reputed father shall 

glven " be required by said court to give bond with sufficient secu- 

rity, to be approved by the judge of said court, for the pay- 
ment of such sum of money as shall be ordered by said 
court, as aforesaid ; which said bond shall be made payable 
to the People of the State of Illinois, and conditioned for 
the due and faithful payment of said yearly sum, in equal 
quarterly installments, to the clerk of said court, which 
bond shall be filed and preserved by the clerk of said court. 
Failure to give § 9. In case the defendant or reputed father shall refuse 

security. or neglect to give such security as may be ordered by the 

court, he shall be committed to the jail of the county, there 

to remain until he shall comply with such order, or until 

otherwise discharged by due course of law. 

Money, to § 1 0. The money, when received, shall be laid out and 

whom paid, appropriated for the support of such child in such manner 

as shall be directed by the court ; but when a guardian shall 

be appointed for such bastard, the money arising from such, 

bond shall be paid over to such guardian. 

Twauitinpay- § 11. Whenever default shall be made in the payment 

ment ' of a quarterly installment, or any part thereof, mentioned in 

the bond provided for in the foregoing section, the county 
judge of the county wherein such bond is filed shall, at 
the request of the mother, guardian, or any other person 
interested in the support of such child, issue a citation to 
the principal and sureties in said bond, requiring them to 
appear, on some day in said citation mentioned, during the 
next term of the county court of said county for probate 
business, and show cause, if any they have, why execution 
should not issue against them for the amount of the install- 
ment or installments due and unpaid on said bond, which 
said citation shall be served by any sheriff or constable of 
the county in which such principal or sureties reside or 
may be found, at least five days before the term day there- 
of. And if the amount due on such installment or install- 
ments shall not be paid at or before the time mentioned for 
showing cause as aforesaid, the said county judge shall ren- 
der judgment in favor of the People of the State of Illi- 
nois, against the principal and sureties who have been 
served with said citation, for the amount unpaid on the in- 
stallment or installments due on said bond, and the costs of 
said proceeding ; and execution shall issue from said county 
court against the goods and chattels of the person or per- 



BASTARDY. 201 

sons against whom said judgment shall be rendered, for the 
amount or said judgment and costs, to the sheriff of any 
county in the state where the parties to said judgment, or 
either of them, reside, or have property subject to such exe- 
cution. 

§ 12. And said county judge shall also have power, in contempt of 
case of default in the payment, when due, of any install- Q0UTX " 
ment or installments, or any part thereof, in the condition of 
said bond mentioned, to adjudge the reputed father of such 
child guilty of contempt of said court, by reason of the 
non-payment as aforesaid, and to order him to be commit- 
ted to the county jail of said county, until the amount of 
said installment or installments, so due, shall be fully paid, 
together with all costs of said commitment, and in the ob- 
taining and enforcing of said judgment and execution, as 
aforesaid. But the commitment of such reputed father 
shall not operate to stay or defeat the obtaining of judg- 
ment and the collection thereof by execution as aforesaid : 
Provided, that the rendition and collection of judgment, as 
aforesaid, shall not be construed to bar or hinder the taking 
of similar proceedings for the collection of subsequent quar- 
terly installments on said bond, as they shall become due 
and remain unpaid : And, provided, further, that if the Lien on real 
county judge, or any other person interested in the support estate - 
of such child, shall deem it necessary, in order to secure 
the payment or collection of such judgment, that the same 
should be made a lien on real estate, a transcript of said 
proceedings and judgment shall be made by the clerk of 
said com ty court, and tiled and recorded in the office of the 
clerk of the circuit court of said county, in the same man- 
ner and with like effect as transcripts of judgments of jus- 
tices of the peace are tiled and recorded, to make the same 
a lien on real estate ; and execution and other process shall 
thereupon issue for the collection of said judgment, as in 
case of other judgments in said circuit court; and the pro- 
visions of this section shall, as far as applicable, apply to 
all bonds which have heretofore been taken in pursuance 
of the statutes in regard to bastardy. 

§ 13. The reputed father of a bastard child shall not custody of chad 
have the right to the custody or control of such child, if 
the mother is living and wishes to retain such custody and 
control, until after it shall have arrived at the age of ten 
years, unless, upon petition to the circuit; court of the county 
in which the mother resides, it shall, on full hearing of the 
facts in the «ase, after notice to the mother, be made to ap- 
pear to the judge of said court that said mother is not a 
suitable person to have the control and custody of such 
child. 

§ 14. If the said child should never be born alive, or Bond to he void 
being born alive, should die at any time, and the fact shall 



202 BONDS. 

be suggested upon the record of the said court, then the 
bond aforesaid shall from thenceforth be void, 
in case of mar- § \§ If the mother of any bastard child, and the repu- 
ted father, shall, at any time after its birth, intermarry, the 
said child shall, in all respects, be deemed and held legiti- 
mate, and the bond aforesaid be void. 

Time of action. § 16. No prosecution under this act shall be brought 
after two years from the birth of the bastard child : Provi- 
ded, the time any person accused shall be absent from the 
state, shall not be computed. 

Acts f repeaied. § 17. That chapter sixteen of the Revised Statutes of 
1845, entitled "Bastardy;" an act entitled ' ; An act to 
amend chapter sixteen of the Revised Statutes of 1845, en- 
titled "Bastardy,"' approved March 30, 1869; and an act 
entitled "An act to amend chapter sixteen of the Revised 
Statutes of this state," approved February 24, 1847 ; and 
an act entitled "An act to amend chapter sixteen of the 
Revised Statutes of 1845, entitled "Bastardy,' " approved 
February 22, 18(31 ; and all other acts inconsistent with this 
act, are hereby repealed ; but this section shall not be con- 
strued to affect any right or liability that may have accrued, 
or any proceeding that may be pending when this act 
takes effect. 

Approved April 3, 1872. 



BONDS. 



In force March AN" ACT to enable counties, cities, townships, school districts, and other 
26, 1872. municipal corporations, to take up and cancel outstanding bonds and other 

evidences of indebtedness, and fund the same. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the t General Assembly, That in all 
_ Evidences of cases where any county, city, township, school district, or 
suea bledness 1S " °ther municipal corporation, have issued bonds or other evi- 
dneces of indebtedness for money, on account of any sub- 
scription to the capital stock of any railroad company, or on 
account of or in aid of any public improvement, or for any 
other purposes, which are now binding or subsisting legal ob- 
ligations against any such county, city, township, school dis- 
trict or other municipal corporations, and remaining outstand- 
ing, and which were properly authorized by law, the proper 
authorities of any such county, city, township, school district 
or other municipal corporations may, upon the surrender 
of any such bonds, or other evidences of indebtedness, or 



BONDS. 203 

any number thereof, issue in place or in lieu thereof, to the 
holders or owners of the same, new bonds or other evi- 
dences of indebtedness, in such form, for such amount, 
upon such time, not exceeding the term of twenty years, and 
drawing such rate of interest as may be agreed upon with 
such holders or owners : Provided, such new bonds or 
other evidences of evidences, shall not be for a greater sum 
than the principal sum or sums named in such original 
bonds or other evidences of indebtedness, nor bear a greater 
rate of interest than the rate represented in the original 
bonds or other evidences of indebtedness ; and such bonds 
or other evidences of indebtedness, so issued, shall show on 
their face that they are issued under this act : And, be it 
further provided, that the issue of such new bonds in lieu 
of such indebtedness, shall be authorized by a vote of a 
majority of the legal voters of such county, city, township, 
school district or other municipal corporation, voting either 
at some annual or special election of such municipal cor- 
poration. 

§ 2. "Whereas some counties, cities, townships and other Emergency. 
municipal corporations in this state, have outstanding bonds 
and other evidences of indebtedness that will soon fall due, 
and are without any remedy for renewing or funding the 
same, therefore this act shall be in force from and alter its 
passage. 

Approved March 26, 1872. 



AN ACT to require state and county treasurers to deliver up bonds and In force July 1, 
coupons issued in aid of railroad or other corporations, which have been 1SV2. 

paid, to any person or persons who may be authorized by any county, town 
or city to receive the same. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Treasurers to 
treasurer of state, and all county treasurers in the state, at money, 
whose office any county, town or city bonds or coupons are 
made payable by law, which have been issued in aid of any 
railroad or other corporation or in payment of the stock of 
any such railroad or other corporation in this state, shall, at 
least once in each year, after this act shall be in force, if so 
requested by the proper authorities of any such county, 
town or city, account to and with any person designated by 
any such county, town or city, for any and all money thai 
may have come to his or their hands for the payment of 
any bonds or coupons, so issued as aforesaid, and shall, 
upon such accounting, deliver up to such person so desig- 
nated by any of the counties, towns or cities aforesaid, any 
and all bonds or coupons that he or they may have fully 



lectin 



204 BONDS. 

paid off and discharged out of the money coming into their 
hands for such purpose, and to take a voucher for all such 
bonds or coupons so delivered. 
Fee? for coi- § 2. There shall be allowed and paid out to the county 
treasurers, and to the county, town and city collectors for 
collecting, receiving and paying out any and all taxes levied 
for the payment of any such bonds or coupons or interest 
on the same, the amount of one-half per centum, as fees for 
such service, and no more, for such amount so paid out : 
Provided, if any of the above officers are now or may be 
hereafter paid a salary for the performance of these duties, 
then they shall not be paid any other compensation what- 
soever. 

§ 3. All laws in conflict with this act are hereby repealed. 

Approved March 7, 1872. 



In force Feb. 23, AN ACT to enable counties having over one hundred thousand inhabitants to 
187 • issue bonds and borrow money for county purposes. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
commissioners board of commissioners of counties containing over one 
hundred thousand inhabitants may, in their discretion, by a 
two-thirds vote, for the purpose of erecting a court house 
on the site heretofore used for that purpose, and a jail, and 
other necessary public buildings for the use of said county, 
at such points and places as may be selected by said board, 
and for the purpose of funding the floating debt of said 
county, and to provide for the restoration and perpetuation 
of the public records, issue the bonds of said county from 
time to time, as the same may be required, to an amount 
not exceeding in the aggregate the sum of fifteen hundred 
thousand dollars, to bear interest not exceeding seven per 
centum per annum, payable semi-annually : Provided, that 
the issuing of said bonds is hereby limited by the constitu- 
tional limitation, which limits the amount of indebtedness, 
including that then existing, to five per centum on the value 
of the taxable property in the county, to be ascertained by 
the last assessment for state and county taxes previous to 
the incurring of such indebtedness, the principal. and inter- 
est of said bonds to be made payable at such time or times, 
not exceeding twenty years from the date thereof, and at 
such place or places as such board shall designate. And the 
said board may authorize said bonds to be sold from time to 
time, at not less than their par value, and by a two thirds 
vote of said board, they may be sold at less than par ; the 
proceeds thereof to be paid into the county treasury, to be 
used as required for the purposes aforesaid. 



BRIDGE COMPANIES. 205 



§ 2. The said bonds may be issued in such sums, not in what sums, 
exceeding live thousand dollars each, as said board of com- C0U P° ns - 
mis6Loners shall determine, and shall be signed by the 
chairman of said board and the clerk of the county court of 
said county, and shall be sealed with the seal of said county 
court, and registered by the treasurer of said county, and 
interest coupons may be attached thereto, signed by the 
treasurer of said county only. 

§ 3. In case said board of commissioners shall issue and Taxes to be 
sell the bonds of said county, in pursuance thereof, they bones. ° pay 
shall, trom time to time, as the same may be required, cause 
taxes to be levied upon the taxable property within the 
limits of said county, for the payment of the principal and 
interest of said bonds, as the same shall become due and 
payable — which taxes shall be collected as other county 
taxes, and when collected shall be applied to the payment 
of said principal and iuterest. 

§ 4. Whereas by reason of the recent destruction by Emergency. 
fire of public buildings and other property, an emergency 
exists, requiring this act to take effect immediately : there- 
fore tnis act shall take effect and be in force from and after 
its passage. 

Approved February 23, 1872. 



BRIDGE COMPANIES. 



AN" ACT for the incorporation of bridge companies. In force July 1, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That any Manner of for- 
number ot persons, not less than ten, may form a company mm s c ° m P auies 
for the purpose of constructing and maintaining a bridge 
over any of the streams of water (or any part of such 
streams) situated within the state ot Illinois, or upon the 
boundary thereof, for public use, for the crossing of persons 
or property, and for that purpose may make, sign and ac- 
knowledge before any officer authorized to take acknowledg- 
ments, articles ot association, in which shall be stated the 
name of the company, the number of years the same is to 
continue, the place at which the said bridge is to be con- 
structed, the name or names of the county or counties in 
which it is intended to be made, the purpose for which it is 
to be used, whether for railroads or ordinary travel, or both, 
the amount of the capital stock of the company, the number 
of shares of said stock, the names and places of residences 



206 BRIDGE COMPANIES. 



of the directors of said company, not less than five nor more 
than thirteen in number, who shall manage its affairs for 
the first year, and until otbers are chosen in their place. 
Such articles of association shall also state the residence of 
each subscriber, and the number of shares he has agreed to 
subscribe for, Such articles of association shall be filed in 
the office of the secretary of state, who shall indorse thereon 
the date when the same was filed, and record the same in a 
book to be provided by him for that purpose, and, there- 
upon, the persons who have so subscribed such articles of 
association, and all persons who shall become stockholders 
in such company, shall be a corporation by the name speci- 
fied in such articles of association, and shall possess the 
powers and privileges incident to such corporations. 
Lands for use § 2. In case it may become necessary to appropriate 

of company. an ^ j anc |g belonging to private persons or to corporations, 
to the use of said company, and the owners of said pro- 
perty cannot agree with the said company upon the proper 
compensation to be paid, or in case the owner is incapable 
of contracting, unknown or a non-resident of the state, said 
property shall be taken by said company in such manner as 
may be provided by the laws of the state of Illinois for the 
• taking of private property for public or corporate purposes. 

May issue bonds § 3. Any company organized under this act shall have 
the right to issue bonds, or other evidences of indebtedness, 
negotiate loans for the construction of said bridge, secure 
such indebtedness by deed of trust, or mortgage on the pro- 
perty of said company, and may have the power to con- 
solidate its franchise and property, in the manner provided 
by general law, with that of any bridge company within 
the state, or with that of any bridge company organized 
under the laws of an adjoining state, and may exercise any 
other rights and powers incident to 6uch corporations which 
may be necessary to carry out the objects contemplated in 
such organization. 
Trustees and § 4. The trustees, managers or directors of such corpo- 

managers. ra tion shall be elected and classified in the manner pro- 
vided by law for the election and classification of the trus- 
tees, managers or directors of incorporated companies, and 
at least one-third of such directors shall be citizens of this 
state. 

Approved April 10, 1872. 



BRIDGES. 207 



AN ACT in relation to bridges across rivers on the borders of this state. i n force July 1, 

18T2. 

Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That each 
and every corporation created by the laws of this state prior 
to the adoption of the new constitution, for the purpose of 
building bridges across the Mississippi river or other navi- 
gable streams on the borders of this state, and which shall 
have commenced, but shall have failed to complete the con- 
struction of its bridge within the time limited in its charter, 
be aud the same is hereby allowed, and is invested with lull 
power and authority to proceed in the construction of its 
said bridge, and complete the same, anything in its charter 
to the contrary notwithstanding : Provided, however, that 
the same shall be constructed and completed within ten 
years from and after the passage of this act : And, provided, 
further, that such corporation shall have been organized 
and been in operation within ten days from the time the 
new constitution took effect. 

Approved March I'd. 1812. 



BRIDGES. 



AN ACT to provide for the erection and maintenance of bridges by two or In force March 

more towns. 29 > 18 ? 2 > 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That when- Petition for 
ever the supervisors of two or more towns, in counties erecti ' jn> 
organized under the township organization law, shall be 
petitioned by twelve legal voters who are freeholders resid- 
ing within each town, praying for the erection and mainte- 
nance of a bridge in either or any of such towns, in which 
petition shall be designated the place where the same shall 
be constructed, it shall be the duty of such supervisors to 
make an estimate of the expense which may be incurred in 
the erection of such bridge, and to agree among themselves 
as to what proportion of such expense it would be equita- 
ble and just that each of such towns should bear and sus- 
tain in the erection of such bridge. 

§ 2. In case the supervisors can so agree, it shall be their supervisors to 
duty to make out, in writing, such estimate of the total estimate e03t - 
expense of building such bridge, as in the petition set forth, 
and general character of such proposed bridge, and the pro- 



ting. 



208 BRIDGES. 

portion of such expense to be assigned to each town, and 
to deliver a copy thereof, signed by all of such supervisors, 
to each of such supervisors so concurring therein, and each 
supervisor to whom such copy is delivered shall deposit the 
same with the town clerk of his town. 
Town clerk to § 3. It shall be the duty of the town clerk to include in 

give notice. foe notice of the next annual town meeting, a statement 
that the question will be submitted, at such town meeting, 
whether such town will contribute the proportion of the 
expense so assigned such town towards the erection of such 
bridge. 
Manner of vo- § 4. At the regular town meeting in each of such towns, 
the qualified voters therein may each cast a ballot in the 
following form : " For appropriation to build bridge," or 
"Against appropriation to build bridge." If a majority of the 
votes cast on the question in each of said towns shall be for 
such appropriation, then the agreement as to the proportion 
of such expense which each of such towns should so sus- 
tain for such purpose, shall be deemed to be ratified by and 
obligatory upon such towns respectively : Provided, that if 
the proposition so submitted fails to receive a majority of 
the votes cast on the question, in any of such towns, the 
same shall not be obligatory upon any or either of such 
towns : Provided, further, that if the supervisor or super- 
visors of any such town or towns shall, at any time there- 
after, deem it proper or expedient to submit the question 
again to a vote of such town or towns, as provided in and 
by this act, it shall and may be lawful so to do. 
whenproposi- § 5. In case such proposition is ratified in all of the 

tion is ratined. towns to which the same th.aH be so submitted, the super- 
visors (and assistant supervisors, if any) of such towus shall 
collectively constitute a board, which shall be authorized to 
erect such bridge and to make all necessary contracts there- 
for, in behalf of such towns, as shall so unite tor that pur- 
pose, and the expense of erecting such bridge shall be borne 
by such towns respectively, in proportion to the ainouut of 
such expense so assigned to and ratified by such towns as 
aforesaid ; but such board may make joint contracts in be- 
halt of all such towns, in writing, lor the erection oi such 
bridge : Provided, that no such contract shall be binding 
unless concurred in by a majority of the board. 
May levy tax § 6. Any town so voting to bear a portion of the ex- 
pense of building such bridge, may levy a tax to raise the 
whole amount so assigned to such town, or any part thereof, 
in any one year ; or, when so directed, by a vote oi the 
town, at any annual or special town meeting, the super- 
visor thereof may issue bonds of such town lor the whole 
or any portion of the amount of such appropriation, which 
bonds shall be payable at such times and bear such interest 
as may be determined by a vote of the town meeting 
authorizing the same to be issued : Provided, that no sucn 



or issue bonds. 



BRIDGES. 209 

bonds shall run for a greater period than live years: And, 
provided, further, that such supervisor shall not negotiate, 
dell, or in any way dispose of any one or more of said 
bonds for less than ninety cents on the dollar, of each and 
every dollar tor which they are issued, nor shall such bonds 
draw a greater rate of interest than ten per cent, per 
annum. 

§ 7. Whenever any such bonds shall be so issued, the Bonds so issued. 
same shall be signed by the supervisor and town clerk of 
the town, in their official capacity, and shall contain on 
their face a reference to the vote of the town authorizing 
the same to be issued. 

§ 8. The supervisor of each town shall have the author- proceeds c 
ity to negotiate such bonds in behalf of the town, as pro- bonds - 
vided in section six, and to use the proceeds thereof, and 
any money that may be raised by tax for that purpose, in 
paying the proportion of the expense of building such 
bridge assigned to his town in the manner aforesaid. 

§ y. Before receiving any such funds or bonds the super- Supervisor to 
visor shall give a bond to-the town, in a sufficient penalty glve boua - 
to cover the amount of all such bonds and funds, with sure- 
ties, to be approved by the commissioners of highways, 
conditioned for the faithful appropriation of such bonds or 
funds to the purpose for which the same was voted by the 
town. 

§ 10. After any such bridge shall be so built, the same supervisors to 
shall remain in the control of the supervisors of, and be eontro1 bridge, 
maintained and kept in repair by, the towns so contributing 
towards the erection thereof, and each of such towns shall 
contribute towards such maintenance in the same proportion 
as it voted toward such erection of the bridge : Provided, 
that if any town, other than the town or towns in whicii 
the bridge is located, shall vote, at any annual town meet- 
ing, that it will no longer contribute towards the mainte- 
nance of such bridge, it shall thereafter be relieved from 
such obligation, and shall no longer participate in the control 
of such bridge. 

Approved March 22, 1872. 



AN ACT giving the assent of the state of Illinois to the construction of In force July 1, 
bridges across navigable rivers in this state, and upon the boundaries 1872. 

thereof. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
assent of the state of Illinois is hereby given to any corpo- 
ration or association organized under the laws of this state 
—21 



210 CANADA THISTLES. 



and subject thereto, to construct bridges across navigable 
rivers in this state, and upon the boundaries thereof, when- 
ever authorized by the congress of the United States, under 
such conditions and restrictions as the eongress may impose. 
Appkoved April 4, 1872. 



CANADA THISTLES. 



In force March AN ACT concerning Canada thistles. 

15, 1872. ° 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That there 

commissioner may be appointed by the board of town auditors in counties 

ties. IS " under township organization, and by the county commis- 

sioners in counties not under township organization, for 
each township or election precinct, and by the city council 
of any city, or by the president and trustees of any town 
or village, as the case may be, some competent person, to 
be styled "Commissioner of Canada Thistles," who shall 
take the oath required of township or precinct officers, and 
shall hold his office for the term of three years, and until 
his successor is appointed and qualified ; and h*e shall re- 
ceive for his compensation the sum of two dollars a day, for 
each full day necessarily spent in the performance of his 

compensation, duty, to be verified by affidavit. The bo'ard of appointment 
may, at any time, tor good cause, remove the commis- 
sioner from office, and appoint his successor, to serve the 
remaining portion of hie time. 

commissioned § 2 - The Commissioner of Canada Thistles shall dili- 
gently inquire concerning the introduction and existence of 
Canada thistles in his township or precinct, and if any are 
found growing therein he shall take charge of alJ such grow- 
ing in the highway and on uninclosed lands, and take care 
that they do not go to seed, or otherwise spread ; and he 
shall carefully seek and learn, so far as practicable, the best 
methods for their destruction, and he shall persistently ap- 
ply, in proper time, such remedy or treatment as he shall 
deem best calculated to prevent their spread and to eradi- 
date the same, 
commissioner § 3. In ca se said thistles are found growing on inclosed 

owner of land, lands, the commissioner shall advise with the owner, agent 
or occupant on their treatment, and if the said commissioner 
shall deem it necessary and expedient for him to fully con- 
trol the same, he shali agree with the owne , agent or occu- 
pant on the boundaries of the tract so infected, which it is 



CANADA THISTLES. 211 



expedient for him to control, and he shall mark the same 
by stakes, or by fence, if thought best ; and thereafter such 
infected tract, or so much as from time to time remains in- 
fected, shall be managed and controlled by the said com- 
missioner, for the purpose of destroying the said thistles, 
and so long as it may be necessary to complete the work. 
In case the commissioner and the owner, agent or occupant 
of the land cannot agree, as regards the propriety of the 
commissioner controlling such tract, or of the buundaries <»f 
the same, then the commissioner shall proceed to stake out 
or mark such boundaries as he deems proper, and file a copy 
of his decision with the town clerk, or in counties not under 
township organization with the county clerk. The owner, Appeal, 
agent or occupant of the land may, if he feels aggrieved, 
appeal from such decision of the commissioner, without 
bonds, within twenty days, to the commissioners of high- 
ways of the town, or to the county commissioners, as the 
case may be, who shall proceed to view the same, and to 
hear the reasons for and against the decision of the commis- 
sioner ; and a majority of such board of appeal shall decide 
as to the propriety of taking possession of the tract alleged 
to be infected, and if they decide to take such possession, 
what shall constitute the boundaries of the same, and shall 
direct said commissioner to exterminate said thistles (which 
are hereby declared a public nuisance), without unnecessa- 
rily depriving the owner of the land of any legitimate use 
and enjoyment of the same. 

§ 4. The commissioner shall apply the best known commissioner 
means, and use the utmost diligence, in eradicating the thistles?™ 
thistles; but he shall not have power to expend in work or 
materials more than one hundred dollars on any one in- 
fected tract, without the advice and consent, in writing, of 
the supervisor of the town, or of the county commissioners, 
as the case may be. 

§ 5. It shall be the duty of the commissioner to prose- commissioner 
cute or complain to the proper authorities of any person or " 
corporation who may violate any law now existing, or 
which may hereafter be passed, on the subject of Canada 
thistles. 

§ 6. The commissioner shall, annually, before the first Report of the 
day of .November, make a written report to the supervisor 
of the town, or to the county commissioners, as the case 
may be- — which report shall be filed with the town clerk, or, 
in counties not under township organization, with the county 
clerk. The report made to the supervisor shall be publicly 
read at the annual town meeting. Said report shall state — 

First — Whether there are or not any Canada thistles 
growing in the town or precinct. 

/Second — If any are growing, where and how many, and 
when and how introduced. 



to prosecute. 



commissioner. 



212 CANADA THISTLES. 



Tktrd — A detailed statement of his treatment of each in- 
fected tract, with cost and result. 

Fourth — He shall report such other matters as may be 
required of him by the board of town auditors, or by the 
county commissioners. 

Fifth — He shall state his views on their further treat- 
ment, and make such suggestions and recommendations as 
he may deem proper and useful. 

And he shall also forward a copy of said report to the 
secretary of the State Board of Agriculture, who shall col- 
late and report the same to the governor by the first day of 
December of each year. 
Accounts of § 7. The board of town auditors, and the county com- 
missioners in counties not under township organization, 
shall audit the accounts of the commissioner, both for his 
services and for the money expended or labor employed by 
him ; and they shall provide for their payment as they now 
do for other town or county expenses. 



commissioner, 



Appropriations 8 g. The boards ol supervisors and county commission- 
l)v com tics 

ers may make appropriations from the county treasury to 

aid in destroying the Canada thistle in any one or more 
towns or precincts of the county ; and in case they deem it 
expedient, they may assume control over any one tract or 
of all the Canada thistles in the county, and make such pro- 
vision as they may deem necessary, and impose penalties, 
not exceeding one hundred dollars lor each offense, for a 
violation of any provisions, by-laws or regulations made by 
them on this subject, to be sued for by the commissioner, in 
the name and lor the use of the proper county, before any 
justice of the peace having jurisdiction. Whenever the 
board of supervisors or county commissioners shall decide 
to assume control, and so long as they exercise it, their ju- 
risdiction shall be superior to that of the commissioner. 
Emergency, § P« Whereas, Canada thistles are now growing in va- 

rious parts of the state, requiring attention before the first 
day of July : therefore this act shall take effect and be in 
force from and after its passage. 
Approved March 15, 18<2. 



CANAL ILLINOIS AND MICHIGAN. 213 



CANALS. 



AN ACT relative to the powers and duties of the canal commissioners rela- i n force March 
tive to the Illinois and Michigan Canal, the lock and dam at Henry, and the 7, lS ?2. 

improvement of the Little Wabash ri ver. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Board to adopt 
board of canal commissioners may adopt an official seal to sea * 
authenticate their official acts ; and all contracts, leases, or 
other instruments in writing, executed by said board, may 
be attested with such seal, and signed by such of the mem- 
bers of said board, or by their -secretary, as the board of 
commissioners may by resolution direct; and in the per- 
formance of their official duties, and for all legal purposes, 
the said commissioners shall be deemed officers of the state, 
and not as a distinct corporation. 

§ 2. The board of commissioners shall have the general Commissioners 

i , ,. , r ,,. i nr- i • to have control. 

control and management ot the llhuois and Michigan 
Canal, the lock and dam in the Illinois river at Henry, and 
of the Little Wabash river improvement ; and shall have 
power to make all necessary ..contracts, and appoint and 
employ all necessary officers, agents and employes there- 
for, and winch may be necessary to enable the said com- 
missioners efficiently to discharge the duties devolved upon 
them. The said commissioners shall have power to remove 
from office and discharge any officer, agent or employe ap- 
pointed or employed by the commissioners ; and shall also 
have power to prescribe reasonable rules and regulations to 
govern such officers, agents and employes; and to fix the 
rate of tolls upon the Illinois and Michigan Canal, and the 
mode of collecting the same ; and to prescribe reasonable 
rules and regulations concerning transportation upon said 
canal, and to prohibit persons who willfully lail to comply 
with such rules, from using said canal. 

§ 3. The board of canal commissioners shall also have To establish 
power to establish and collect reasonable rates of toil for the 
passage and use of the said lock at Henry and the lock on 
the Little Wabash river, and to prescribe and enforce 
reasonable rules and regulations for the passage and use of 
said locks by boats : Provided, that the use of said locks 
shall be free to the United States for the transportation of 
troops and munitions of war: And, provided, further, that 
the rates of toll on through freights, including the lockage 
at Henry, shall not be more than the rates heretofore 
charged on the Illinois and Michigan Canal on through 
freights. 



rates of toll. 



lands. 



214: CANALS — ILLINOIS AND MICHIGAN. 

Toils to bepaid 8 4. All tolls received for the use of said locks and river 

in state treasury . i. „ *. i i i.u • • j 

improvement, not necessary to keep the same in repair, and 
to pay the expenses of the collection thereof, shall be paid 
quarterly into the state treasury as a part of the general 
revenue of the state. 

Po^er to lease § 5. The canal commissioners shall have power to lease 
any of the canal lands and lots now owned by the state, for 
a period not exceeding ten years; and may sell the same 
when, in their judgment, the interest of the state will be 
promoted ; but before doing so, shall obtain the approval of 
the governor, both as to when, where and how the same shall 
be sold : Provided, however, that no part of the ninety feet 
strip along the canai, or any of the real estate in the city of 
Chicago, shall be sold. And it shall be their duty to take 
all necessary proceedings in behalf of the state to establish 
the title of the state to, and recover the possession of, any 
canal lands or real estate owned by the state, which may be 
claimed by, or be in the adverse possession of, any other 
person or party ; and when necessary for that purpose, to 
cause appropriate suits, in the name of the People ot the 
State of Illinois as plaintiff, to be instituted and prosecuted 
therefor. The said commissioners shall have power to 
lease to the highest and best bidder, any water power, and 
lauds and lots connected therewith, belonging to the state, 
for any period not longer B than fifteen years: Provided, 
however, that before any lease shall be made, public notice 
shall be given of such leasing, for at least sixty days, in 
some newspaper published in the neighborhood, 
power to sell § 6. They shall also have power to sell the engines, 

erty. olial pr ° P " boilers and machinery, in the pumping house at Bridgeport, 
and any other fixtures or personal property, unnecessary 
for the proper management of the canal or river improve- 
ments and pertaining to the same. 

Report. § 7. Said commissioners shall make an annual report to 

the governor, showing a summary of their official action, 
and containing an exhibit, showing the amounts of all 
moneys collected or received by said commissioners, and 
the sources from which such amount was received, and for 
what purpose, and when disbursed or paid* over; and such 
other matters as said commissioners may deem advisable, 
or as the governor may require. 

To execute con- § 8. Said commissioners are hereby authorized and di- 

veyances. rected to execute, in due form, all necessary conveyances 

that may be required to comply with the conditions of any 
bond, contract or agreement heretofore made by those law- 
fully authorized to sell any of the real estate known as 
" Canal lauds," whenever the purchasers shall have com- 
plied with the conditions of said instruments of writing, 
and said commissioners are satisfied that they are justly en- 
titled to such deeds. They are also further authorized to 
settle and adjust all claims against the state growing out of 



CANALS— ILLINOIS AND MICHIGAN. 215 

the said canal since the said commissioners took charge and 
control of the same, and when fully satisfied than any such 
claim is a just charge against the present management, 
shall pay the amount out of the earnings of the canal. 

§ 9. All laws or parts of laws inconsistent with the pro- Repealed, 
visions of this act are hereby repealed. 

§ 10. Inasmuch as the public interests require that said Emergency. 
commissioners should at once have the right to exercise the 
powers mentioned in this act, an emergency exists requiring 
this act tp take effect immediately : therefore, this act shall 
take effect and be in force from and after its passage. 

Approved March 7, 1872. 



AN ACT to settle up and close the trust of the Board of Trustees of the Illinois j u f orce April 
and Michigan Canal. 22, 1871. 

"Whereas the Illinois and Michigan Canal, and all remain- p re ambie. 
ing canal property, have reverted or are about to revert to 
the state, and it devolves upon the general assembly to take 
the necessary steps to insure judicious and economical man- 
agement of the same; therefore, 

Section 1. Be it enacted by the People of the jState of 
Illinois, represented in the General Assembly ■, That it is commissioners 
hereby made the duty of the canal commissioners of this t0 examine ac- 

J . J . ,. i -tit counts. 

state, upon the termination ot the trust provided for by an 
act entitled "An act to provide for the completion of the 
Illinois and Michigan Canal," approved February twenty- 
first, one thousand eight hundred and forty-three, and. the 
acts amendatory thereto, to examine and audit the accounts 
of the board of trustees of the Illinois and Michigan Canal, 
and if, upon such examination, they shall find said accounts 
correct, they shall state the said accounts in full ; and they, 
together with the canal trustees, shall certify that they are 
correct, and shall transmit copies thereof to the governor, 
who shall report the same to the general assembly at its 
next meeting. 

§ 2. That it shall be the duty of the canal commissioners Commissioners 
to take charge of and exercise full control over the Illinois l° t L ke lul1 con " 
and Michigan Canal, from and after the passage of this act, 
and to receive from the board of trustees, aforesaid, all the 
money on hand belonging to the .Illinois and Michigan 
canal fund, and pay the same into the state treasury, and 
aiso to receive such other property, books and office build- 
ings, held by them as such trustees ; and it shall be the 
duty of the said board of trustees to comply with the pro- 
visions of this act, and pay over all such money and deliver 
all such property to said commissioners promptly, upon the 



216 CANALS. 

passage of this act : Provided, that any claim for which the 
state trustee is now liable may be prosecuted against the 
said commissioners, and shall he paid by them out of the re- 
sources of the canal : Provided, that all moneys received for 
rents and tolls, not necessary for the expenses of the canal 
and for keeping the same in repair, shall be paid quarterly, 
into the state treasury, and that the rate of tolls shall not 
be increased without the consent of the general assembly. 
Trustees to ex- § 3. That upon the termination of said -trust, according 
to the provisions of the act above referred to, the said 
board of trustees shall execute under their hands and cor- 
porate seal, to the state of Illinois, a release deed of all and 
singular the remaining property, assets and effects, of every 
name and description, of said trust. 
commissioners § 4. The said board of commissioners shall appraise all 
lands aud pr pro! lands, islands, lots or parcels of land belonging to the canal 
perty. property, not heretofore sold and forfeited, or which may 

hereafter be forfeited, and report the same to the gover- 
nor, to be by him reported to the general assembly. 
Emergency. § 5. As appears by the preamble, an emergency having 

arisen, this act shall take effect and be in force trom and 
after its passage. 

Approved April 22, 1871. 



In force_ July 1, AX ACT to grant the use of the canals in this state to the use of the inhabi- 
°™ m tants of the Dominion of Canada, upon conditions named. 

Preamble. Wheeeas by a treaty, concluded in the city of "Washing- 

ton, on the eighth day of May, eighteen hundred and sev- 
enty-one, between the United States and Great Britain, the 
government of her Britannic majesty engages to urge upon 
the government of the Dominion of Canada, to secure to 
the citizens of the United States the use of the Welland, 
St. Lawrence and other canals in the Dominion, on terms 
of equality with the inhabitants of the Dominion ; and the 
government of the United States engages that the subjects 
of her Britannic majesty shall enjoy the use of the St. Clair 
Flats canal, on terms of equality with the inhabitants of 
the United States, and further engages to urge upon the 
state governments to secure to the subjects of her Britannic 
majesty the use of the several state canals connected with 
the navigation of the lakes or rivers traversed by or conti- 
guous to the boundary line between the possessions of the 
high* contracting parties, on terms of equality with the in- 
habitants of the United States ; therefore, 



CERTIFICATES. 217 



Section L Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That when Use of canals 
the Dominion of Canada shall have secured to the citizens 
of the United States the use of the Welland, St. Lawrence 
and other canals in the Dominion, on terms of equality with 
the inhabitants of the Dominion, and proper official notice 
of the same shall have been communicated to the president 
of the United States, then the use of the Illinois and Mich- 
igan Canal, and all other canals that may be constructed by 
this state, connected with the navigation of the lakes or 
rivers traversed by or contiguous to the boundary line be- 
tween the possessions of the high contracting parties, is 
hereby granted to the subjects of her Britannic majesty on 
terms of equality with the inhabitants of the United States. 

Approved April 4, 1872. 



CERTIFICATES. 



AN ACT to make the certificates of the register or receiver of any land office In force July 1, 
of the United States prima facie evidence. 1872. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in t/it General Assembly, That the certificates to 
certificate of the register or receiver of any land office in be evldence - 
this state to matters on record in their offices, accompanied 
by a certificate of the secretary of state of this state, under 
seal of this state, that he is well acquainted with the hand 
writing of such register or receiver, and the signature 
thereto is genuine, shall be prima facie evidence in all 
courts in this state. 

§ 2. A fee of fifty cents shall be allowed for the services Pee. 
of the secretary of state for each such certificate made by 
him. 

Approved March 22, 1872. 



-22 



218 CITIES AND VILLAGES. 



CITIES AND VILLAGES. 



In force July 1, AN ACT to provide for the incorporation of cities and villages. 

1872. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, as follows — 

ARTICLE I. 

OF THE ORGANIZATION OF CITIES. 

Petition of vo- That any city now existing in this state may become in- 
corporated, under this act, in manner following: When- 
ever one-eighth of the legal voters of such city, voting at 
the last preceding municipal election, shall petition the 
mayor and council thereof to submit the question as to 
whether such city shall become incorporated, under this act, 
to a vote of the electors in such city, it shall be the duty of 
such mayor and council to submit such question accord- 
ingly, and to appoint a time and place, or places, at which 
such vote may be taken, and to designate the persons who 
shall act as judges at such election ; but such question shall 
nol be submitted oitener than once in four years. 

Notice of eiec- § 2. The mayor of such city shall give at least thirty 
tion - days' notice of such election, by publishing a notice thereof 

in one or more newspapers within such city ; but if no news- 
paper is published therein, then by posting at least five 
copies of such notice in each ward. 

Ballots, re- § 3. The ballots to be used at such election shall be in 
tionf elec " the following form: "For city organization under general 
law;" or, "Against city organization under general law." 
The judges of such election shall make returns thereof to 
the city council, whose duty it shall be to canvass such re- 
turns and cause the result of such canvass to be entered 
upon the records of such city. If a majority of the votes 
cast at such election shall be for city organization under 
general law, such city shall thenceforth be deemed to be 
organized under this act; and the city officers then in office 
shall, thereupon, exercise the powers conferred upon like 
officers in this act, until their successors shall be elected 
and qualified, 
incorporated § 4. Any incorporated town in this state, having a 
population of not less than one thousand inhabitants, may 
become incorporated as a city in like manner as hereinbe- 
fore provided ; but in all such cases the president and trus- 
tees of such town shall, respectively, perform the same 
duties relative to such a change of organization as is above 
required to be performed by the mayor and council of cities. 



towns. 



CITIES AND VILLAGES. 219 



§ 5. Whenever any area of contiguous territory in this Manner of in- 
state, not exceeding four square miles, shall have resident ritory. 
thereon a population of not less than one thousand inhabi- 
tants, which shall not already be included within any in- 
corporated town or city, the same may become incorporated 
as a city in manner following: Any fifty legal voters f 

thereof may file in the office of the clerk of the county court 
of the county in which such inhabitants reside, a petition, 
addressed to the judge of such court ; aud if the territory 
described in said petition shall be in more than one county, 
then the petition shall be addressed to the judge of the 
court where a greater part of such territory is situated ; 
which petition shall define the boundaries of such proposed 
city, and state the number of inhabitants residing within 
such limits, and also state the name of such proposed city, 
and shall contain a prayer that the question be submitted 
to the legal voters residing within such limits, whether they 
will organize as a city under this act. It shall be the duty To be deter . 
of the county judge to fix a time and place, within the boun ™£ ed b ? elec - 
daries of such proposed city, at which an election may be 
held, to determine such question ; and such judge shall 
name the person to act as judges in holding such election, 
and shall give notice thereof by causing ten notices to be 
posted in public places within such proposed city. And 
the third section of this article shall be applicable to such 
election : Provided, that the returns of such election shall 
be made to and canvassed by the county judge and any 
two justices of the peace whom he shall call to his assist- 
ance, instead of the city council ; and the result of such 
election shall be entered upon the records of such county 
court. If a majority of the votes cast at such election shall 
be '"For city organization under general law," the inhabi- 
tants of such territory, described in such petition, shall be 
deemed to be incorporated as a city, under this act, and 
with the name stated in the petition. 

§ ti. All courts in this state shall take judicial notice of court* to take 
the existence of all villages and cities organized under this J udlcial notice - 
act, and of the change of the organization of any town or 
city from its original organization to its organization under 
this act ; and from the time of such organization, or change 
of organization, the provisions of this act shall be applica- 
ble to such cities and villages, and all laws in conflict there- 
with shall no longer be applicable. But all laws or parts of 
laws not inconsistent with the provisions of this act, shall 
continue in force and applicable to any such city or village, 
the same as if such change of organization had not taken 
place. 

§ 7. It shall be the duty of the president and board of trus- Election for of- 
tees of any town which shall have voted to change its organi- Ucers ' notlce ' 
zation to a city, under th's act, to call and give notice of an 
election to elect city officers, and to designate the time and 



220 CITIES AND VILLAGES. 



place or places of holding the same. Such notice shall be 
published in a newspaper, if there be one, within the town, 
or posted in ten public places, for at least twenty days be- 
fore such election. Such president and trustees shall ap- 
point the judges and clerks to hold such election, canvass 
the returns thereof, and cause the result to be entered upon 
the records of the town ; and the provisions of this act, re- 
lative to the election of city officers, shall be applicable 
thereto ; but, at such electiou, aldermen may be elected on 
a general ticket. 
County judge § 8. In case of cities organizing under section five (5) of 
this article, the county judge shall call and give notice of 
the election, and perform the same duties relative thereto 
as is above required to be performed by president and trus- 
tees of such town, and in canvassing such returns shall call 
to his assistance two justices of the peace. 

Term of office. § {). The city officers elected under either of the pre- 
ceding sections, shall hold their respective offices until the 
next succeeding regular election for such officers, respec- 
tively, and until their successors are elected and qualified, 
as provided in this tic':. 
Bodies politic § 10. Cities organized under this act shall be bodies 

and corporate. p jj t j c anfl corporate, under the name and style of "City 
of (name)," and under such name may sue and be sued, 
contract and be contracted with, acquire and hold real and 
personal property for corporate purposes, have a common 
seal and change the same at pleasure, and exercise all the 
powers hereinafter conferred, 
ordinances to § 11. All ordinances, resolutions and by-laws, in force 

force! 1116 m in any city or town when it shall organize under this act, 
shall continue in fall force and effect until repealed or 
amended, notwithstanding such change of organization 



perty. 



and the making of such change of organization shall not be 
construed to effect a change in the legal identity, as a cor- 
poration, of such city or town. 
Eights of pro- § 12. All rights and property of every kind and de- 
scription, which were vested in any municipal corporation 
under its former organization, shall be deemed and held to 
be vested in the same municipal incorporation upon its be- 
coming incorporated under the provisions of this act, but no 
rights or liabilities, either in favor of or against such corpo- 
ration, existing at the time of so becoming incorporated 
under this act, and no suit or prosecution of any kind, shall 
be effected by such change, but the same shall stand and 
progress as if no change had been made: Provided, that 
when a different remedy is given by this act, which may 
properly be made applicable to any right existing at the 
time of such city so becoming incorporated under this act, 
the same shall be deemed cumulative to the remedies be- 
fore provided, and used accordingly. 



CITIES AND VILLAGES. 221 



§ 13. The corporate authorities of any city or village copy of can- 
which may become organized under this act shall, withm be S rii°a. votes 10 
three months after organization hereunder, caused to be 
filed in the office of the recorder of deeds, in the county in 
which such city or village is situated, a certified copy of the 
entry made upon the records of the city, village or county 
court, of the canvass of the votes, showing the result of 
such election, whereby such city or village became so or- 
ganized — and such recorder of deeds shall record the same. 
And such corporate authorities shall also cause a like cer- 
tificate to be filed in the office of the secretary of state, who 
shall file the same, and keep a registry of cities and villages 
organized under this act. 

ARTICLE II. 

OF THE MAYOR. 

Section 1. The chief executive officer of a city shall be Qualification. 
a mayor, who shall be a citizen of the United States, a quali- 
fied elector, reside within the city limits, and hold his office 
for two years and until his successor is elected and qualified. 

§ 2. Whenever a vacancy shail happen in the office of Vacauc y- 
the mayor, when the unexpired term shail be one year or 
over from the date when the vacancy occurs, it shall be 
filled by an election. 

8 3. If the vacancy is less than one year, the city coun- city council 
cil shall elect one of its number to act as mayor, who shall m 
possess all the rights and powers of the mayor until the 
next annual election, and until his successor is elected and 
qualified. 

§ 4c. During a temporary absence or disability of the Temporary ab- 
mayor, the city council shall elect one of its number to act sence 
as mayor pro tern., who, during such absence or disability, 
shall possess the powers of mayor. 

§ 5. If the mayor, at any time during the term of his Removal, 
office, shall remove from the limits of the city, his office 
shall thereby become vacant. 

§ 6. The mayor shall preside at all meetings of the city To preside. 
council, but shall not vote except in case of a tie, when he 
shall give the casting vote. 

§ 7. The mayor shall have power to remove any officer May remove 
appointed by him, on any former charge, whenever he shall officers ' 
be of the opinion that the interests of the city demand such 
removal ; but he shall report the reasons for such removal 
to the council at its next regular meeting. 

§ 8. He may exercise, within the city limits, the powers To oppress 
conferred upon sheriffs, to suppress disorder and keep the disorder - 
peace. 

_ § 9.^ He may release any person imprisoned for viola- 
tion of any city ordinance, and shall report such release, 



222 



CITIES AND VILLAGES. 



Duties. 



To inspect re- 
cords. 



Annual recom- 
mendations. 



May call 
the militia. 



out 



with the cause thereof, to the council at its first session 
thereafter. 

§ 10. He shall perform all such duties as are or may be 
prescribed by law or by the city ordinances, and shall take 
care that the laws and ordinances are faithfully executed. 

§11. He shall have power at all times to examine and 
inspect the books, records and papers of any agent, em- 
ploye or officer of the city. 

§ 12. The mayor shall, annually, and from time to time, 
give the council information relative to the affairs of the 
city, and shall recommend for their consideration such 
measures as he may deem expedient. 

§ 13. He shall have power, when necessary, to call on 
every male inhabitant of the city over the age of eighteen 
years, to aid in enforcing the laws and ordinances, and to 
call out the militia to aid in suppressing riots and other dis- 
orderly conduct, or carrying into effect any law or ordi- 
nance, subject to the authority of the governor as com- 
mander-in-chief of the militia. 

§ 14:. In case the mayor or any other municipal officer 
shall at any time be guilty of a palpable omission of duty, 
or shall willfully and corruptly be guilty of oppression, mal- 
conduct or misfeasance in the discharge of the duties of his 
office, he shall be liable to indictment in any court of com- 
petent jurisdiction, and, on conviction, shall be fined in a 
sum not exceeding one thousand dollars; and the court in 
which such conviction shall be had, shall enter an order 
removing such officer from office. 

§ 15. He may appoint, by and with the advice and com 
sent of the city council, immediately after such change of 
organization, one or more competent persons to prepare and 
submit to the city council, for their adoption or rejection, 
an ordinance in revision of the ordinances of such city, and 
for the government of such city, the compensation of such 
reviser or revisers to be determined and fixed by the city 
council and paid out of the city treasury. 
ARTICLE III. 



Liable to in- 
dictment. 



Ttevision of or- 
dinan es. 



OF THE CITY COUNCIL. 



Number of al- 
dermen. 



Section 1. The city council shall consist of the mayor 
and aldermen. 

§ 2. The number of aldermen, when not elected by the 
minority representation plan, shall be as follows : In cities 
not exceeding three thousand inhabitants, six aldermen ; 
exceeding three thousand but not exceeding five thousand, 
eight aldermen ; exceeding five thousand and not exceeding 
ten thousand, ten aldermen ; exceeding ten thousand and 
not exceeding thirty thousand, fourteen aldermen ; and two 
additional aldermen for every twenty thousand inhabitants 
over thii ty thousand : Provided, however, that in cities of 



CITIES AND VILLAGES. 223 



over one hundred thousand (100,000) inhabitants, there shall 
be elected thirty-six aldermen, and no more. 

§ 3. Aldermen shad hold their office for the term of two Termor office, 
years, and until their successors are elected and qualified. 

§ 4. If any vacancy shall occur in the office of alder- vacancy. 
man by death, resignation, removal or otherwise, such va- 
cancy shall be filled by election. 

§ 5. No person shall be eligible to the office of alder- Qualification. 
man unless he shall be a qualified elector, and reside within 
the ward for which he is elected, nor shall he be eligible if 
he is in arrears in the payment of any tax or other liability 
due to the city ; nor shall he be directly or indirectly inter- 
ested in any contract whatever to which the city is a party ; 
nor shall he be eligible if he shall have been convicted of 
malfeasance, bribery or other corrupt practices or crimes ; 
nor shall he be eligible 1o any office, the salary of which is 
payable out of the city treasury, if at the time of his ap- 
pointment he shall be a member of the city council; nor 
shall any member of the city council at the same time hold 
any other office under the city government ; nor shall he be 
either directly or indirectly, individually, or as a member of 
a firm, engaged in any business transaction (other than 
official) with such city, through its mayor or any of its 
authorized boards, agents or attorneys, whereby any money 
is to be paid, directly or indirectly, out of the city treasury 
to such member or firms. 

§ 6. The city council shall be judge of the election and 
qualification of its own members. 

§ 7. It shall determine its own rules of proceeding, R U ;es of pro- 
punish its members for disorderly conduct, and with the ceedm s- 
concurrence of two thirds of the aldermen elect, may expel 
a member, but not a second time for the same offense : 
Provided, that any alderman or councilman who shall have 
been convicted of bribery shall thereby be deemed to have 
vacated his office. 

§ 8. A majority of the aldermen elect shall constitute a Quorum, 
quorum to do business, but a smaller number may adjourn 
from time to time, and may compel the attendance of ab- 
sentees, under such penalties as may be prescribed by or- 
dinance. 

§ 9. The city council may prescribe, by ordinance, the f|™ e f° n d „ rlace 
times and places of the meeting thereof, and the manner in 
which special meetings thereof may be called. 

§ 10. It may elect a temporary chairman in the absence 
of the mayor. 

§ 11. It shall sit with open doors. 

§ 12. It shall keep a journal of its own proceedings. 

§ 13. The yeas and nays shall be taken upon the pas- Yeas and nays, 
sage of all ordinances, and on all propositions to create any 
liability against the city, or for the expenditure or appro- 
priation of its money, and in all other cases at the request of 



224 CITIES AND VILLAGES. 



any member, which shall be entered on the journal of its 
proceedings ; and the concurrence of a majority of all the 
members elected in the city council shall be necessary to the 
passage of any snch ordinance or proposition : Provided, it 
shall require two-thirds of all the aldermen elect to sell any 
city or school property, 
special meet- § 14. No vote of the city council shall be reconsidered 

1Dgs " or rescinded at a special meeting, unless at such special 

meeting there be present as large a number of aldermen as 
were present when such vote was taken. 

Report of com- § 15. Any report of a committee of the council shall be 
deterred for final action thereon, to the next regular meet- 
ing of the same after the report is made, upon the request 
of any two aldermen present. 

Jurisdiction. § 16. The city council and board of trustees shall also 

have jurisdiction in and overall places within one-half mile 
of the city or village limits, for the purpose of enforcing 
health and quarantine ordinances, and regulations thereof. 

§ 17. The mayor or any three aldermen may call special 
meetings of the city council. 
ordinances § 18. All ordinances passed by the city council shall, 

passed, veto, before they take effect, be deposited in the office of the city 
clerk ; and if the mayor approves thereof, he shall sign the 
same ; and such as he shall not approve, he shall return to 
the council, with his objections thereto, in writing, at the 
next regular meeting of the council occurring not less than 
five days after the passage thereof. Such veto may extend 
to any one or more items or appropriations contained in 
any ordinance making an appropriation, or to the entire or- 
dinance ; and in case the veto only extends to a part of such 
ordinance, the residue thereof shall take effect and be in 
force. But in case the mayor shall fail to return any ordi- 
nance, with his objections thereto, by the time aforesaid, 
he shall be deemed to have approved such ordinance, and 
the same shall take effect accordingly. 
Reconsidera- 8 19. Upon the return of any ordinance by the mayor, 

.« /-»*• Trntn U ll'll 11111 

the vote by which the same was passed shall be recon- 
sidered by the council ; and if, after such reconsideration, 
two-thirds of all the members elected to the city council 
shall agree, by yeas and nays, to pass the same, it shall go 
into effect, notwithstanding the mayor may refuse to ap- 
prove thereof. The vote to pass the same over the mayor's 
veto shall be taken by yeas and nays, and entered on the 
journal. 



tion of vote. 



ARTICLE IV. 

ELECTIONS. 



General election Section 1 . A general election for city officers shall be 
held on the third Tuesday of April of each year. 



CITIES AND VILLAGES. 225 



§ 2. At the general election held in eighteen hundred Mayor, 
and seventy-three, and biennially thereafter, a mayor shall 
be elected in each city. 

§ o. All persons entitled to vote at any general election voters. 
for state officers within any city or village, having resided 
therein thirty days next preceding thereto, may vote at any 
election tor city or village officers. 

§ 4. The city council may, from time to time, divide wards. 
the city into one half as many wards as the total number of 
aldermen to which the city is entitled, aud one alderman 
shall, annually, be elected in aud for each ward, to hold 
his office for two years, and until his successor is elected 
and qualified. In the formation of wards, the population 
of each shall be as nearly equal, and the ward shall be of 
as compact and contiguous territory as practicable. 

§ 5. At the first election under this act, there shall be First election. 
elected the full number of aldermen to which the city shall 
be entitled. At the first meeting of the city council after 
such election, the aldermen elected shall be divided, by 
lot, into two classes: those of the first class shall continue 
in office for one year, and those of the second class for two 
years. And upon any increase of the number of aldermen 
at their first election, one-half shall be elected for one year, 
and one-half for two years. 

§ 6. Whenever this act shall be submitted to the quali- Minority rep- 
fied electors of any city for adoption, there shall be sub- resentat,on ' 
mitted at the same time for adoption or rejection the ques- 
tion of "minority representation" in the city council or 
legislative authoritv of such city. At the said election the 
ballot shall be in the following form : " For minority repre- 
sentation in the city council," or "Against minority repre- 
sentation in the city couucil." The judges of such electiou 
shall make returns thereof to the city council, whose duty 
it shall be to canvass such returns and to cause the result 
of such canvass to be entered on the records of such city. 
If a majority of the votes cast at such election shall be " For 
equal representation in the city council," then the members 
of the city council or legislative authority of such city shall 
be thereafter elected in the following manner : The city 
council or legislative authority of such city, at least one 
month before the general election in the year in which this 
act shall take effect in such city, shall apportion such city 
by dividing the population thereof, as ascertained by the 
last federal census, by any number not less than two nor 
more than six, and the quotient shall be the ratio of repre- 
sentation in the city council. Districts shall be formed of 
contiguous and compact territory, and contain, as nearly as 
practicable, an equal number of inhabitants. 

§ 7. Every district shall be entitled to six aldermen. At Aidermentobe 
the first meeting of the city council after such election, the clftf!6ed - 
aldermen elected shall be divided by lot into two classes, 
—23 



226 



CITIES AND VILLAGES. 



Election of al- 
dermen. 



.Place of elec- 
tion. 



the three receiving the lowest number of votes in the elec- 
tion to constitute the first class, and the three receiving the 
highest number of votes to constitute the second class. 
Those of the first class shall continue in office for one year, 
and those of the second class for two years ; and upon any 
increase of the number of aldermen at their first election, 
one-half shall be elected for one year, and one-half for two 
years. Yacancies occurring by the expiration of term shall 
be filled by the election of aldermen for the full term of 
two years. Vacancies arising from any other cause than 
the expiration of term, shall be filled at an election to be 
held by the voters of the district in which 6uch vacancy 
shall occur, at the time designated by the city council. In 
all elections for aldermen, aforesaid, each qualified voter 
may cast as many votes as there are aldermen to be elected, 
or may distribute the same, or equal parts thereof, among 
the candidates, as he shall see fit, and the candidates highest 
in votes shall be declared elected. 

§ 8. If a majority of the votes cast at such election shall 
be "against minority representation in the city council," the 
preceding section shall be null and void, so far as it relates 
to such city at such election, and the aldermen of such city 
shall be elected as otherwise provided for in this act. 

§ 9. The city council shall designate the place or places 
in which the election shall be held, and appoint the judges 
and clerks thereof, and cause notice to be punted in some 
newspaper published in such city, if there be one, or posted 
at each voting place in such city, of the time, places of 
election, and of the officers to be elected, for at least twenty 
days prior to such election. 

§ 10. The manner of conducting and voting at elections 
to be held under this act and contesting the same, the keep- 
ing of poll lists and canvassing the votes, shall be the same, 
as nearly as may be, as in the case of the election of county 
officers, under the general laws of this state. The judges 
of election shall appoint clerks, when necessary to fill va- 
cancies, and the judges and clerks shall take the same oath 
and have the same powers and authority as the judges and 
clerks of general state elections. After the closing of the 
polls, the ballots shall be counted and the returns made out 
and returned, under seal, to the city or village clerk, as the 
case may be, within two days after the election ; and, there- 
upon, the city council or board of trustees, as the case may 
be, shall examine and canvass the same and declare the 
result of the election, and cause a statement thereof to be 
entered upon its journal. 

§ 11. The person having the highest number of votes, 
for any office, shall be declared elected. In case of a tie in 
the election of any city or village officer, it shall be deter- 
mined by lot, in presence of the city council or board of 



Manner of con- 



ducting 
tions. 



elec- 



In case of a Lie. 



CITIES AND VILLAGES. 



227 



trustees, in such manner as they shall direct, which candi- 
date or candidates shall bold the office. 

§ 12. It shall be the duty of the village or city clerk, jg»* to notify 
within five days after the result of the election is declared 
or appointment made, to notify all persons elected or ap- 
pointed to office of their election or appointment, and unless 
puch persons shall respectively qualify in ten days after such 
noMce, the office shall become vacant. 

§ 13 if, for any cause, there shall not be a quorum in Special ei-cticn. 
office of the city council or board of trustees, the mayor, 
clerk, or any alderman or trustee, as the case may be, may 
appo ; nt the time and place for holding a special election to 
supply such vacancy and give notice and appoint the judges 
thereof. 

§ 14. If there is a failure to elect any officer herein New election, 
required to be elected, or the person elected should fail to 
qualify, the city council or board of trustees may forthwith 
order a new election therefor ; and in all cases, when neces- 
sary for the purposes of this act, may call special elections, 
appoint judges and clerks thereof, canvass the returns there- 
of, and provide by ordinance for the mode of conducting 
the same ; and shall give notice of such special elections, in 
which shall be stated the questions to be voted upon, and 
cajise such notices to be published or posted for the same 
length of time and in the same manner as is required in 
the case of regular annual elections in such cities or vil- 
lages. 

ARTICLE V. 

OF THE POWERS OP THE CITY COUNCIL. 

Section 1. The city council in cities, and president and Powers. 
the board of trustees in villages, shall have the following 
powers : 

First — To control the finances and property of the cor- 
poration. 

Second — To appropriate money for corporate purposes 
only, and provide for payment of debts and expenses of the 
corporation. 

Third — To levy and collect taxes for general and special 
purposes on real and personal property. 

Fourth — To fix the amount, terms and manner of issuing 
and revoking licenses. 

Fifth — To borrow money on the credit of the corpora- May borrow 
tion for corporate purposes, and issue bonds therefor, in mone y- 
such amounts and form, and on such conditions as it shall 
prescribe, but shall not become indebted in any manner or 
for any purpose to an amount, including existing indebted- 
ness, in the aggregate to exceed five (5) per centum on the 
value oi the taxable property therein, to be ascertained by 
the last assessment for state and county taxes previous to 



228 



CITIES AND VILLAGES. 



the incurring of such indebtedness; and before or at the 
time of incurring any indebtedness, shall provide for the 
collection of a direct annual tax, sufficient to pay the inter- 
est on such debt as it falls due. and also to pay and dis- 
charge the principal thereof within twenty years after con- 
tracting the same. 
Bonds. Sixth — To issue bonds in place of or to supply means to 

meet maturing bonds, or for the consolidation or funding of 
the same. 
streets. Seventh — To lay out, establish, open, alter, widen, ex- 

tend, grade, pave or otherwise improve streets, alleys, ave- 
nues, sidewalks, wharves, parks and public grounds, and 
vacate the same. 

Eighth — To plant tree* upon the same. 
f Ninth — To regulate the use of the same. 

Tenth — To prevent and remove encroachments or obstruc- 
tions upon the same. 

Eleventh — To provide for the lighting of the same. 

Twelfth — To provide for the cleansing of the same. 
Gas and water Thirteenth — To regulate the openings therein for the lay- 
ing of gas or water mains and pipes, and the building and 
repairing of sewers, tunnels and drains, and erecting gas 
lights : Provided, however, that any company heretofore or- 
ganized under the general laws of this state, or any associa- 
tion of persons organized, or which may be hereafter or- 
ganized for the purpose of manufacturing illuminating gas 
to supply cities or villages, or the inhabitants thereof, with 
the same, shall have the right, by consent of the common 
council (subject to existiug rights), to erect gas factories, and 
lay down pipes in the streets or alleys of any city or village 
in this state, subject to such regulations as any such city or 
village may by ordinance impose, 
sidewalks. Fourteenth — To regulate the uee of sidewalks and all 

structures thereunder ; and to require the owner or occu- 
pant of any premises to keep the sidewalks in front of, or 
along the same, free from snow and other obstructions. 

Fifteenth — To regulate and prevent the throwing or de- 
positing of ashes, offal, dirt, garbage or any offensive mat- 
ter in, and to prevent injury to, any street, avenue, alley 
or public ground. 

Sixteenth — To provide for and regulate cross walks, curbs 
and gutters. 

Seventeenth — To regulate and prevent the use of streets, 
sidewalks and public grounds for signs, sign-posts, awnings, 
awning posts, telegraph poles, horse troughs, racks, posting 
handbills and advertisements. 

Eighteenth — To regulate and prohibit the exhibition or 
carrying of banners, placards, advertisements or handbills 
in the streets or public grounds, or upon the sidewalk*. 

Nineteenth — To regulate and prevent the flying of flags, 
banners or signs across the streets or from houses. 



CITIES AND VILLAGES. 229 



Twentieth — To regulate traffic and sales upon the streets, 
sidewalks and public places. 

Twenty-first — To regulate the speed of horses and other 
animals, vehicles, cars and locomotives within the limits of 
the corporation. 

Twenty-second, — To regulate the numbering of houses and 
lots. 

Twenty-third — To name and change the name of any 
street, avenue, alley, or other public place. 

Twenty fourth — To permit, regulate or prohibit the loca- Horse railroads, 
ting, constructing or laying a tract of any horse railroad in 
any street, alley or public place ; but such permission shall 
not be for a longer time than twenty years. 

Twenty -fifth — To provide for and change the location, 
grade and crossings of any railroad. 

Twenty sixth — To require railroad companies to fence Railroads to 
their respective railroads, or any portion of the same, and 
to construct cattle guards, crossings of streets and public 
roads, and keep the same in repair, within the limits of the 
corporation. In case any railroad company shall fail to 
comply with any such ordinance, it shall be liable for all 
damages the owner of any cattle or horses, or other domes- 
tic animal, may sustain, by reason of injuries thereto while 
on the track of such railroad, in like manner and extent as 
under the general laws of this state, relative to the fencing 
of railroads; and actions to recover such damages may be 
instituted before any justice of the peace, or other court of 
competent jurisdiction. 

Iwtnty -seventh — To require railroad companies to keep Raiiioad cross- 
flagmen at railroad crossings of streets, and provide protec- mg8 ' 
tion against injury to persons and property in the use of 
such railroads. To compel such railroad to raise or lower 
their railroad tracks to conform to any grade which may, 
at any time, be established by such city, and where such 
tracks run lengthwise of any such street, alley or highway, 
to keep their railroad tracks on a level with the street sur- 
face, and so that such tracks may be crossed at any place on 
such street, alley or highway. To compel and require rail- 
road companies to make and keep open and to keep in re- 
pair ditches, drains, sewers and culverts along and under 
their railroad tracks, so that filthy or stagnant pools of 
water cannot stand on their grounds or right of way, and 
so that the natural drainage of adjacent property shall not 
be impeded. 

Twenty eighth — To construct acd keep in repair bridges, 
viaducts and tunnels, and to regulate the use thereof. 

Twenty-ninth — To construct and keep in repair culverts, 
drains, sewers and cesspools, and to regulate the use thereof. 

Thirtieth — To deepen, widen, dock, cover, wall, alter or 
change the channel of water courses, 



230 



CITIES AND VILLAGES. 



Licenses. 



Disorderly 
houses. 



Intoxicatin,' 
liquors. 



Thirty-first — To construct and keep in repair canals and 
slips tor the accommodation of commerce. 

Thirty-second — To erect and keep in repair public land- 
ing places, wharves, docks and levees. 

Thirty-third — To regulate and control the use of public 
and private landing places, wharves, docks and levees. 

Thirty -fourth — To control and regulate the anchorage, 
moorage and landing of all water craft and their cargoes 
within the jurisdiction of the corporation. 

Thirty-fifth — To license, regulate and prohibit wharf- 
boats, tugs and other boats used about the harbor or within 
such jurisdiction. 

Thirty-sixth — To fix the rate of wharfage and dockage. 

Thirty-seventh — To collect wharfage and dockage from 
all boats, rafts or other craft landing at or using any public 
landing place, wharf, dock or levee within the limits of the 
corporation. 

Thirty-eighth — To make regulations in regard to the use 
of harbors, towing of vessels, opening and passing of 
bridges 

Thirty-ninth — To appoint harbor masters, and define 
their duties. 

Fortieth — To provide for the cleansing and purification 
of waters, water courses and canals, and the drai ning or filling 
of ponds on private property, whenever necessary to pre- 
vent or abate nuisances. 

Forty-first — To license, tax, regulate, suppress and pro- 
hibit hawkers, peddlers, pawnbrokers, keepers of ordinaries, 
theatrical and other exhibitions, shows and amusements, 
and to revoke such license at pleasure. 

Forty-second — To license, tax and regulate hackmen, dray- 
men, omnibus drivers, carters, cabmen, porters, express- 
men, and all others pursuing like occupations, and to pre- 
scribe their compensation. 

Forty-third — To license, regulate, tax and restrain run- 
ners for stages, cars, public houses, or other things or per- 
sons. 

Forty -fourth — To license, regulate, tax or prohibit and 
suppress billiard, bagatelle, pigeon hole or any other tables 
or implements kept or used for a similar purpose in any place 
of public resort, pin alleys and ball alleys. 

Forty-fifth — To suppress bawdy and disorderly houses, 
houses of ill-fame or assignation, within the limits of the 
city, and within three miles of the outer boundaries of the 
city ; and also to suppress gaming and gambling houses, 
lotteries, and all fraudulent devices and practices for the 
purpose of gaming or obtaining money or property ; and 
to prohibit the sale or exhibition of obscene or immoral 
publications, prints, pictures or illustrations. 
? Forty sixth — To license, regulate and prohibit the selling 
. or giving away of any intoxicating, malt, vinous, mixed or 



CITIES AND VILLAGES. 231 



fermented liquor, the license not to extend beyond the 
municipal year in which it shall be granted, and to deter- 
mine the amount to be paid for snch license : Provided, 
that the city council in cities, or president and board of 
trustees in villages, may grant permits to druggists for the 
sale of liquors for medicinal, mechanical, sacramental and 
chemical purposes only, subject to forfeiture, and under 
such restrictions and regulations as may be provided by 
ordinance : Provided, further, that in granting licenses 
such corporate authorities shall comply with whatever gen- 
eral law of the state may be in force relative to the grant- 
ing of licenses. 

Forty -seventh — The foregoing shall not be construed to 
effect the provisions of the charter of any literary institution 
heretofore granted. 

Forty eighth — And the city council in cities, and presi- 
dent and board of trustees in villages, shall also have the 
power to forbid and punish the selling or giving away of 
any intoxicating, malt, vinous, mixed or fermented liquor 
to any minor, apprentice or servant, or insane, idiotic or 
distracted person, habitual drunkard, or person intoxicated. 

Forty-ninth — To establish markets and market houses, 
and provide for the regulation and use thereof. 

Piftieth — To regulate the sale of meats, poultry, fish, 
butter, cheese, lard, vegetables, and all other provisions, and 
to provide for place and manner of selling the same. 

Fifty-first — To prevent and punish forestalling and re- 
grating. 

Fifty-second— r £o regulate the sale of bread in the city 
or village; prescribe the weight and quality of the bread 
in the loaf. 

Fifty-third — To provide for and regulate the inspection 
of meats, poultry, fish, butter, cheese, lard, vegetables, cot- 
ton, tobacco, flour, meal and other provisions. 

Fifty fourth — To regulate the inspection, weighing and 
measuring of brick, lumber, fire wood, coal, hay, and any 
article of merchandise. 

Fifty-fifth — To provide for the inspection and sealing of 
weights and measures. 

Fifty sixth — To enforce the keeping and use of proper 
weights and measures by vendors. 

Fifty seventh — To regulate the construction, repairs and 
use of vaults, cisterns, areas, hydrants, pumps, sewers and 
gutters. 

Fifty eighth _ — To regulate places of amusement. 

Fifty-ninth — To prevent intoxication, fighting, quarrel- 
ing, dog fights, cock fights, and all disorderly conduct. 

Sixtieth — To regulate partition fences and party walls. 

Sixty-first — To prescribe the thickness, strength and 
manner of constructing stone, brick and other buildings, 
and construction of fire escapes therein. 



232 CITIES AND VILLAGES. 



Fire limits. Sixty-second — The city council and the president and 

trustees in villages, for the purpose of guarding against the 
calamities of fire, shall have power to prescribe the limits 
within which wooden buildings shall not be erected or 
placed or repaired, without permission, and to direct that 
all and any buildings within the fire limits, when the same 
shall have been damaged by fire, decay or otherwise, to the 
extent of fifty per cent, of the value, shall be torn down or 
removed, and to prescribe the manner of ascertaining such 
damage. 
Preveution of [Sixty -third] — To prevent the dangerous construction and 
flres - condition of chimneys, fire-places, hearths, stoves, stove- 

pipes, ovens, boilers and apparatus used in and about any 
building and manufactory, and to cause the same to be re- 
moved or placed in a safe condition, when considered 
dangerous. To regulate and prevent the carrying on of 
manufactories, dangerous in causing and promoting fires. 
To prevent the deposit of ashes in unsafe places, and to 
cause all such buildings and inclosures as may be in a 
dangerous state to be put in a safe condition. 

Sixty-fourth — To erect engine houses, and provide fire 
engines, hose carts, hooks and ladders, and other imple- 
ments for prevention and extinguishment of fires, and pro- 
vide for the use and management of the same by voluntary 
fire companies or otherwise, 
storage of com- Sixty fifth — To regulate and prevent storage of gunpow- 
der, tar, pitch, resin, coal oil, benzine, turpentine, hemp, 
cotton, nitro-glycerine, petroleum, or any of the products 
thereof, and other combustible or explosive material, and 
the use of lights in stables, shops and other places, and the 
building of bonfires ; also to regulate and restrain the use 
of fireworks, firecrackers, torpedoes, Roman candles, sky- 
rockets, and other pyrotechnic displays. 

Sixty-sixth — To regulate the police of the city or village, 
and pass and enforce all necessary police ordinances. 

Sixty-seventh — To provide for the inspection of steam 
boilers. 

Sixty-eighth — To prescribe the duties and powers of a 
superintendent of police, policemen and watchmen. 
calabooses. Sixty ninth — To establish and erect calabooses, bride- 

wells, houses of correction and workhouses, for the reforma- 
tion aud confinement of vagrants, idle and disorderly per- 
sons, and persons convicted of violating any city or village 
ordinance, and make rules and regulations for the govern- 
ment of the same, and appoint necessary keepers and as- 
sistants. 

Seventieth — To use the county jail for the confinement or 
punishment of offenders, subject to such conditions as are 
imposed by law, and with the consent of the county board. 

Seventy-first — To provide by ordinance in regard to the 
relation between all the officers and employes of the cor- 



bustibles. 



CTTIE8 AND VILLAGES. 233 



poration in respect to each other, the corporation and the 
people. 

Seventy -second — To prevent and suppress riots, routs, 
affrays, noises, disturbances, disorderly assemblies in any 
public or private place. 

Seventy -third -To prohibit and punish cruelty to animals. 

Seventy -fourth — To restrain and punish vagrants, men- 
dicants and prostitutes. 

Seventy fifth — To declare what shall be a nuisance, and 
to abate the same; and to impose tines upon parties who 
may create, continue or suffer nuisances to exist. 
• Seventy sixth — To appoint a board of health, and prescribe 
its powers and duties. 

Seventy-seventh — To erect and establish hospitals and 
medical dispensaries, and control and regulate the same. 

Seventy -eighth — To do all acts, make all regulations which 
may be necessary or expedient for the promotion of health 
or the suppression of disease. 

Seventy-ninth — To establish and regulate cemeteries with- cemeteries. 
in or without the corporation, and acquire lands therefor, 
by purchase or otherwise, and cause cemeteries to be re- 
moved, and prohibit their establishment within one mile of 
the corporation. 

Eightieth — To regulate, restrain and prohibit the run- . 
ziing at large of horses, cattle, swine, sheep, goats, geese 
i.nd dogs, and to impose a tax on dogs. 

Eighty first — To direct the location and regulate the man- Packing kon- 
agement and construction of packing houses, renderies, tal- ses ' e * 
low chandleries, bone factories, soap factories and tanneries, 
within the limits of the city or village, and within the dis- 
tance oi one mile without the city or village limits. 

Eighty-second — To direct the location and regulate the 
use and construction of breweries, distilleries, livery stables, 
blacksmith shops and founderies within the limits of the 
city or village. 

Eighty-third — To prohibit any offensive or unwholesome 
business or establishment within or within oue mile of the 
limits of the corporation. 

Eighty-fourth — To compel the owner of any grocery, cel- 
lar, soap or tallow chandlery, tannery, stable, pig -sty, privy, 
sewer or other unwholesome or nauseous house or place, 
to cleanse, abate or remove the same, and to regulate the 
location thereof. 

Eighty-fifth — The city council or trustees of a village c-nsus. 
shall have power to provide ror the taking of the city or 
village census ; but no city or village census shall be taken 
by authority of the council or trustees oftener than once in 
three years. 

Eighty -sixth— To provide for the erection and care of all 
public buildings necessary for the use of the city or village. 

—24: 



23 tr CITIES AND VILLAGES. 



Eighty -seventh — To establish ferries, toll bridges, and 
license and regulate the same, and, from time to time, fix 
tolls thereon. 

Eighty -eighth — To authorize the construction of mills, 
mill-races and feeders on, through or across the streets of 
the city or village, at such places and under such restrictions 
as they shall deem proper. 
streets and Eighty-ninth — The city council shall have power, by con- 
eewers. demnation or otherwise, to extend any street, alley or hi^h- 

Wir»y over or across, or to construct any sewer under or 
through any railroad track, right of way, or land of any 
railroad company (within the corporate limits); but where 
no compensation is made to such railroad company, the city 
shall restore such railroad track, right of way or land to its 
former state, or in a sufficient manner not to have impaired 
its usefulness. 
Railroad tracks. Ninetieth — The city council or board of trustees shall 
have no power to grant the use of, or the right to lay down, 
any railroad tracks in any street of the city, to any steam or 
horse railroad company, except upon a petition of the 
owners of the land representing more than one-half of the 
frontage of the street, or so much thereof as is sought to be 
used for railroad purposes. 

Ninety-first — To tax, license and regulate auctioneers, 
distillers, brewers, lumberyards, livery stables, public scales, 
money changers and brokers. 

Ninety-second — To prevent and regulate the rolling of 
hoops, playing of ball, flying of kites, or any other amuse- 
ment or practice having a tendency to annoy persons pass- 
ing in the streets or ou the sidewalks, or to frighten teams 
and horses. 

Ninety-third — To regulate and prohibit the keeping of 
any lumber yard, and the placing or piling or selling any 
lumber, timber, wood or other combustible material, within 
the fire limits of the city. 

Ninety-fourth — To provide, by ordinance, that all the pa- 
per, printing, stationery, blanks, fuel, and all the supplies 
needed for the use of the city, shall be furnished by con- 
tract, let to the lowest bidder. 

Ninety-fifth — To tax, license and regulate second-hand 
and junk stores, and to forbid their purchasing or receiving 
from minors, without the written consent of their parents 
or guardians, any article whatsoever. 

Ninety-sixth — To pass all ordinances, rules, and make all 
regulations, proper or necessary, to carry into effect the 
powers granted to cities or villages, with such fines or pen- 
alties as the city council or board of trustees shall deem 
TMnes acdpen- proper : Provided, no fine or penalty shall exceed two hun- 
aties. dred dollars ($200), and no imprisonment shall exceed six 

months for one offense. 



CITIES AND VILLAGES. 235 



§ 2. The style of the ordinances in cities shall be : "Be style of ordi- 
it ordained by the City Council of " nances - 

§ 3. All ordinances of cities and villages imposing any ordinances to 
fine, penalty, imprisonment or forfeiture, or making any be P ubhsned - 
appropriation, shall, within one month after they are passed, 
be published at least once in a newspaper published in the 
city or village, or, if no such newspaper is published there- 
in, by posting copies of the same in three public places in 
the city or village ; and no such ordinance shall take effect 
until ten days after it is so published ; and all other ordi- 
nances, orders and resolutions shall take effect from and 
after their passage, unless otherwise provided therein. 

§ 4. All ordinances, and the date of publication thereof, certificate of 
may be proven by the certificate of the clerk, under the clerk - 
seal of the corporation ; and when printed in book or pamph- 
let form, and purporting to be published by authority of 
the board of trustees or the city council, the same need not 
be otherwise published ; and such book or pamphlet shall 
be received as evidence of the passage and legal publication 
of such ordinances, as of the dates mentioned in such book 
or pamphlet, in all courts and places without further proof. 

§ 5. All actions brought to recover any fine, or to en- Actions. 
force any penalty, under any ordinance of any city or vil- 
lage, shall be brought in the corporate name of the city or 
village as plaintiff; and no prosecution, recovery or acquit- 
tal, for the violation of any such ordinance, shall constitute 
a defense to any other prosecution of the same party tor any 
other violation of any such ordinance, although the differ- 
ent causes of action existed at the same time, and, if united, 
would not have exceeded ttie jurisdiction of the court or 
magistrate. 

§ 6. All fines and forfeitures for the violation of ordi- Fines, 
nances, when collected, and all moneys collected for licenses 
or otherwise, shall be paid into the treasury of the corpora- 
tion, at such times and in such manner as may be pre- 
scribed by ordinance. 

§ 7. In all actions for the violation of any ordinance, the Process, 
first process shall be a summons : Provided . however, that a 
warrant for the arrest of the offender may issue in the first 
instance upon the affidavit of any person that any such or- 
dinance has been violated, and that the person making the 
complaint has reasonable grounds to believe the party 
charged is guilty thereof, and any person arrested upon 
such warrant shall, without unnecessary delay, be taken 
before the proper officer to be tried for the alleged offense. 
Any person upon whom any fine or penalty shall be im- 
posed, may, upon the order of the court or magistrate before 
whom the conviction is had, be committed to the county 
jail or the calaboose, city prison, work-house, house of cor- 
rection, or other place provided by the city or village for 
the incarceration of offenders, until such fine, penalty and 



236 CITIES AND VILLAGES. 



Term of impri- cost shall be full y paid : Provided, that no such imprison- 

sonment. me nt shall exceed six months for any one offense. The city- 

council or board of trustees shall have power to provide, 
by ordinance, that every person so committed shall be re- 
quired to work for the corporation, at such labor as his or 
her strength will permit, within and without such prison, 
work-house, house of correction, or other place provided 
for the incarceration of such offenders, not exceeding ten 
hours each working day, and for such work the person so 
employed to be allowed, exclusive of his or her board, two 
dollars per day for each day's work on account of such fine 
and cost. 
Justices of the 8 8. Any and all "justices of the peace and police magis- 
trates shall have jurisdiction in all cases arising under the 
provisions of this act, or any ordinance passed in pursuance 
thereof, 
constable or § ^- Any constable or sheriff of the county may serve 

sheriff. anv process, or make any arrests authorized to be made by 

any city officer. 

jurisdiction. § 10. The city or village government shall have juris- 

diction upon all waters within or bordering upon the same, 
to the extent of three miles beyond the limits of the city or 
village, but not to exceed the limits of the state. 

ARTICLE VI. 

OFFICERS THEIR POWERS AND DITTIES. 

officers. Section 1. There shall be elected, in all cities organized 

under this act, the following officers, viz : a mayor, a city 
council, a city clerk, city attorney, and a city treasurer, 
council may § 2. The city council may, in its discretion, from time 

tton. Ideforelec * to time, by ordinance passed by a vote of two thirds of all 
the aldermen elected, provide for the election by the legal 
voters of the city, or the appointment by the mayor, with 
the approval of the city council, of a city collector, a city 
marshal, a city superintendent of streets, a corporation 
counsel, a city comptroller, or any or either of them, and 
such other officers as may by said council be deemed neces- 
sary or expedient. The city council may, by a like vote, 
by ordinance or resolution, to take effect at the end of the 
then fiscal year, discontinue any office so created, and de- 
volve the duties thereof on any other city officer ; and no 
officer, filling any such office so discontinued, shall have 
any claim against the city on account of his salary, after 
such discontinuance. The city marshal shall perform such 
duties as shall be prescribed by the city council for the pre- 
servation of the public peace, and the observance and en- 
forcement of the ordinances and laws ; he shall possess the 
power and authority of a constable at common law, and un- 
der the statutes of this state. 



CITIES AND VILLAGES. 237 



§ 3. All officers of any city, except where herein other- Appointed by 
wise provided, shall be appointed by the mayor (and vacan- mayor> 
cies in all officers except the mayor and aldermen shall be 
filled by like appointment) by and with the advice and con- 
sent of the city council. The city council may, by ordi- 
nance not inconsistent with the provisions of this act, pre- 
scribe the duties and define the powers of all such officers, 
together with the term of any such office : Provided, the 
term shall not exceed two years. 

§ -L. All officers of any city or village, whether elected oath of officers. 
or appointed, shall, before entering upon the duties of their 
respective offices, take and subscribe the following oath or 
affirmation : 

I do solemnly swear (or affirm, as the case may be,) that I will support the 
constitution of the United States and the constitution of the state of Illinois, 

and that I will faithfully discharge the duties of the office of according 

to the best of my ability. 

Which oath or affirmation, so subscribed, shall be filed in 
the office of the clerk ; and all such officers, except alder- 
men and trustees, shall, before entering upon the duties of Bond, 
their respective offices, execute a bond with security, to be 
approved by the city council or board of trustees, payable 
to the city or village, in such penal sum as may, by resolu- 
tion or ordinance, be directed, conditioned for the faithful 
performance of the duties of the office and the payment of 
all moneys received by such officer, according to law and 
the ordinances of said city or village : Provided, however, 
that in no case shall the mayor's bond be fixed at a less 
sum than three thousand dollars ($3,000), nor shall the trea- 
surer's bond be fixed at a less sum than the amount of the 
estimated tax and special assessments for the current year; 
which bonds shall be filed with the clerk (except the bond 
of the clerk, which shall be filed with the treasurer). 

§ 5. All officers elected or appointed under this act To be commis- 
(except the clerk, aldermen and mayor, and trustees,) shall 
be commissioned by warrant, under the corporate seal, 
signed by the clerk and the mayor or presiding officer of 
the city council or board of trustees. The mayor or pre- 
sident of the board of trustees shall issue a certificate 
of appointment or election, under the seal of the corpora- 
tion, to the clerk thereof, and any person having been an 
officer of the city or village, shall, within five days alter 
notification and request, deliver to his successor in office all 
property, books and effects of every description in his pos- 
session, belonging to the city or village, or appertaining to 
his said office; and upon his refusal to do so, shall be liable 
for all the damages caused thereby, and to such penalty as 
may by ordinance be prescribed. 

§ 6. No person shall be eligible to any office who is not Eligibility to 
a qualified elector of the city or village, and who shall not offlce- 



238 CITIES AND VILLAGES. 



have resided therein at least one year next preceding his 
election or appointment, nor shall any person be eligible to 
any office who is a defaulter to the corporation. 

contracts. §7. JMo officer shall be directly or indirectly interested 

in any contract, work or business of the city, or the sale of 
any article, the expense, price or consideration of which is 
paid from the treasury, or by any assessment levied by any 
act or ordinance ; nor in the purchase of any real estate or 
other property belonging to the corporation, or which shall 
be sold for taxes or assessments, or by virtue of legal pro- 
cess at the suit of said corporation. 
Gifts and pro- §8. Every person who shall promise, offeror give, or 
cause, or aid, or abet in causing to be promised, offered or 
given, or furnish or agree to furnish, in whole or in part, to 
be promised, offered or given to any member of the city 
council or board of trustees, or any officer of the corpora- 
tion, after or before his election or appointment as such 
officer, any moneys, goods, right in action, or other 
property or anything of value, or any pecuniary advan- 
tage, present or prospective, with intent to influence his vote, 
opinion, judgment or action on any question, matter, cause 
or proceeding which may be then pending, or may by law 
be brought before him in his official capacity, shall, upon 
conviction, be imprisoned in the penitentiary for a term 
not exceeding two years, or shall be lined not exceeding 
live thousand dollars, or both, in the discretion of the court. 
Every officer who shall accept any such gift or promise, or 
undertaking to make the same under any agreement or 
understanding that his vote, opinion, judgment or action 
shall be influenced thereby, or shall be given in any ques- 
tion, matter, cause or proceeding then pending, or which 
may by law be brought before him in his official capacity, 
shall, upon conviction, be disqualified from holding any 
public office, trust or appointment under the city or village, 
and shall forfeit his office, and shall be punished by impri- 
sonment in the penitentiary not exceeding two years, or by 
a fine not exceeding five thousand dollars, or both, in the 

competent wit- discretion of the court. Every person offending against 

nesses. either of the provisions of this section, shall be a competent 

witness against any other person offending in the same 
transaction, and may be compelled to appear and give evi- 
dence before any grand jury or in any court in the same 
manner as other persons; but the testimony so given shall 
not be used in any prosecution or proceeding, civil or crimi- 
nal, against the person so testifying. 

§ 9. JSTo mayor, alderman, city clerk, or treasurer, shall 
hold any other office under the city government, during 
his term of office. 

Corporate seal. § 10. The clerk shall keep the corporate seal, to be pro- 
vided under the direction of the city council or board of 
trustees, and all papers belonging to the city or village; he 



CITIES AND VILLAGES. 239 



shall attend all meetings of the city council or board of 
trustees, and keep a full record- of its proceeding in the 
journal ; and copies of all papers duly filed in his office, 
and transcripts from the journals and other records and 
files of his office, certified by him under the corporate seal, 
shall be evidence in all courts, in like manner as if the orig 
inals were produced. 

§ 11. The clerk shall record, in a book to be kept for Record of or- 
that purpose, all ordinances passed by the city council or 
board of trustees, and at the foot of the record of each or- 
dinance so recorded, shall make a memorandum of the date 
of the passage and of the publication or posting of such 
ordinance, which record and memorandum, or a certified 
copy thereof, shall be prima facie evidence of the passage 
and legal publication or posting of such ordinances for all 
purposes whatsoever. 

§ 12. The trustees in villages, the mayor, aldermen, conservators of 
and the marshal and his deputies, policemen and watchmen, the P e ace. 
in cities, if any such be appointed, shall be conservators of 
the peace ; and all officers created conservators of the peace 
by this act, or authorized by any ordinance, shall have 
power to arrest, or cause to be arrested, with or without 
process, all persons who shall break the peace, or be found 
violating any ordinance of the city or village, or any crimi- 
nal law of the state, commit for examination, and if neces- 
sary, detain such persons in custody over night or Sunday 
in the watch-house, or any other safe place, or until they 
can be brought before the proper magistrate, and shall have 
and exercise such other powers, as conservators of the peace, 
as the city council or board of trustees may prescribe. 

§ 13. The mayor of any city shall receive such compen- compensatioi 
SHtion as the city council may by ordinance direct, but his mayor ° 
compensation shall not be changed during his term of office. 

§ 14:. The aldermen and trustees may receive such com- compensauon 
pensation for their services as shall be fixed by ordinance: ofaldermei1 - 
Provided, however, such compensation shall not exceed 
three dollars to each alderman or trustee for each meeting 
of the city council, or board of trustees, actually attended 
by him, and no other compensation than for attendance 
upon such meetings shall be allowed to any alderman or 
trustee for any services whatsoever. Such compensation 
shall not be charged, after it has been once established, so 
as to take effect as to any alderman or trustee voting for 
such change, during his term of office. 

§ 15. All other officers may receive a salary, fees, or salaries. 
other compensation to be fixed by ordinance, and after the 
same has been "once fixed, such fees or compensation 6hall 
not be increased or diminished, to take effect during the 
term for which any such officer was elected or appointed ; 
and every such officer shall make and return to the mayor 
or president of the board of trustees, a semi-annual report, 



240 CITIES AND VILLAGES. 



verified by affidavit, of all such fees and emoluments re- 
ceived by him. 
To^administer § 16. The mayor of any city, and the clerk of any city 
or village, phall have power to administer oaths and affir- 
mations upon all lawful occasions. 



oaths. 



ARTICLE Vn. 



OF FINANCE. 



Fiscal year. Section 1. The fiscal year of each city or village or- 

ganized under this act, shall commence at the date estab- 
lished by law for the annual election of municipal officers 
therein, or at such other times as may be fixed by ordi- 
nance. 
Annual appro- § 2. The city council of cities, and board of trustees in 

pnation bin. villages shall, within the first quarter of each fiscal year, 
pass an ordinance, to be termed the annual appropriation 
bill, in which such corporate authorities may appropriate 
such sum or sums of money as may be deemed necessary 
to defray all necessary expenses and liabilities of such cor- 
poration ; and in such ordinance shall specify the objects 
and purposes for which such appropriations are made, and 
the amount appropriated for each object or purpose. JSTo 
further appropriations shall be made at any other time 
within such fiscal year, unless the proposition to make each 
appropr.ation has been first sanctioned by a majority of the 
legal voters of such city or village, either by a petition 
signed by them, or at a general or special election duly 
called therefor. 
Additions to § 3. Neither the city council nor the board of trustees, 
nor any department or officer of the corporation, shall add 
to the corporation expenditures in any one year anything 
over and above the amount provided for in the annual ap- 
propriation bill of that year, except as is herein otherwise 
specially provided ; and no expenditure for an improve- 
ment to be paid for out of the general fund of the corpora- 
tion shall exceed, in any one year, the amount provided for 
such improvement in the annual appropriation bill: Provi- 
ded, however^ that nothing herein contained shall prevent 
the city council or board of trustees from ordering, by a 
two-thirds vote, any improvement, the necessity of which 
is caused by any casualty or accident happening after such 
annual appropriation is made. The city council or board 
of trustees may, by a like vote, order the mayor or presi- 
dent of the board of trustees and fiuauce committee to bor- 
row a sufficient amount to provide for the expense necessary 
to be incurred in making auy improvements, the necessity 
of which has arisen as is last above meutioned, for a space 
of time not exceeding the close of the next fiscal year — 
which sum, and the interest, shall be added to the amount 



expenditures. 



CITIES AND VILLAGES. 



241 



authorized to be raised in the next general tax levy, and 
embraced therein. Should any judgment be obtained Judgments, 
against the corporation, the mayor, or president of the 
board of trustees and finance committee, under the sanction 
of the city council or board of trustees, may borrow a suffi- 
cient amount to pay the same, for a space of time not ex- 
ceeding the close of the next fiscal year — which sum and 
interest shall, in like manner, be added to the amount au- 
thorized to be raised in the general tax levy of the next 
year, and embraced therein. 

§ 4. JNo contract shall be hereafter made by the city contracts and 
council or board of trustees, or any committee or member ex P erises - 
thereof; and no expense shall be incurred by any of the 
officers or departments of the corporation, whether the ob- 
ject of the expenditure shall have been ordered by the city 
council or board of trustees or not, unless an appropriation 
shall have been previously made concerning such expense, 
except as herein otherwise expressly provided. 

§ 5. The treasurer shall receive all moneys belonging Treasurer. 
to the corporation, and shall keep his books and accounts in 
snch manner as may be prescribed by ordinance, and such 
books and accounts shall always be subject to the inspection 
of any member of the city council or board of trustees. 

§ 6. He shall keep a separate account of each fund or Accounts. 
appropriation, and the debts and credits belonging thereto. 

§ 7. He snail give every person paying money into the Receipts, 
treasury a receipt therefor, specifying the date of payment 
and upon what account paid ; and he shall also file copies 
of such receipts with the clerk, at the date of his monthly 
reports. 

§ 8. The treasurer shall, at the end of each and every Monthly state- 
month, and oftener if required, render an account to the men s ' 
city council or board of trustees, or such officer as may be 
designated by ordinance (under oath), showing the state of 
the treasury at the date of such account, and the balance of 
money in the treasury. He shall also accompany such ac- 
counts with a statement of all moneys received into the 
treasury, and on what account, together with all warrants 
redeemed and paid by him, which said warrants, with any 
and all vouchers held by him, shall be delivered to the clerk, 
and filed with his said account in the clerk's office, upon 
every day of such settlement. He shall return all warrants 
paid by him stamped or marked "paid." He shall keep 
a register of all warrants redeemed and paid, which shall 
describe such warrants, and show the date, amount, number, 
the fund from which paid, the name of the person to whom 
and when paid. 

8 9. The treasurer may be required to keep all moneys Depositories of 

y • *^ m oneys 

in his hands, belonging to the corporation, in such place or 
places of deposit as may be designated by ordinance : Pro- 
vided, however, no such ordinance shall be passed by which 



242 



CITIES AND VILLAGES. 



the custody of such money shall be taken from the treasurer 
and deposited elsewhere than in some regularly organized 
bank, nor without a bond to be taken from such bank, in 
such penal sum and with such security as the city council 
or board of trustees shall direct and approve, sufficient to 
save the corporation from any loss ; but such penal sum 
shall not be less than the estimated receipts for the current 
year from taxes and special assessments levied, or to be 
levied, by the corporation. The treasurer shall keep all 
moneys belonging to the corporation in his hands separate 
and distinct from his own moneys, and he is hereby ex- 
pressly prohibited from using, either directly or indirectly, 
the corporation money or warrants in his custody and keep- 
ing, for his own use and benefit, or that of any other person 
or persons whomsoever ; and any violation of this provision 
shall subject him to immediate removal from office by the 
city council or board of trustees, who are hereby author- 
ized to declare said office vacant; and in which case his 
successor shall be appointed, who shall hold his office for 
the remainder of the term unexpired of such officer so re- 
moved. 
Reports of trea- 8 10. The treasurer shall report to the city council or 

surer i. ."'*'- «/ 

board of trustees, as often as required, a full and detailed 
account of all receipts and expenditures of the corporation, 
as shown by his books, up to the time of said report; and 
he shall, annually, between the first and tenth of April, 
make out and file with the clerk a full and detailed account 
of all such receipts and expenditures, and of all his trans- 
actions, as such treasurer, during the preceding fiscal year, 
and shall show in such account the state of the treasury at 
the close of the fiscal year ; which account the clerk shall 
immediately cause to be published in a newspaper printed 
in such city, if there be one, and if not, then by posting the 
same in a public place in the clerk's office. 
tr W s a ur"y nt8 on § H" All warrants drawn upon the treasurer must be 
signed by the mayor and countersigned by the clerk, stating 
the particular fund or appropriation to which the same is 
chargeable, and the person to whom payable ; and no 
money shall be otherwise paid than upon such warrants so 
drawn, except as hereinafter provided. 
Special assess- § 12. All moneys received on any special assessment 
shall be held by the treasurer as a special fund, to be ap- 
plied to the payment of the improvement for which the as- 
sessment was made, and said money shall be used for no 
other purpose whatever, unless to reimburse such corpora- 
tion for money expended for such improvement. 



CITY COLLECTOR. 

.nector. ° f the § 13 - It; saa11 be tne dut 7 of tlie collector, when one is 
appointed, to preserve all warrants which are returned into 
his hands, and he shall keep such books and his accounts 



CITIES AND VILLAGES. 243 



in such manner as the city council may prescribe. Such 
warrants, books, and all papers pertaining to his office, shall 
at all times be open to the inspection of and subject to the 
examination of the mayor, city clerk, any member of the 
council, or committee thereof. He shall weekly, and oftener 
if required by the council, pay over to the treasurer all mo- 
neys collected by him from any source whatever, taking 
such treasurer's receipt therefor, which receipt he shall im- 
mediately file with the city clerk ; but the city clerk shall, 
at the time, or on demand, give such collector a copy of any 
such receipt so filed. 

§ 14. He shall make a report, in writing, to the coun- Report of the 
cil, or any officer designated by the council, of all moneys 
collected by him, the account whereon collected, or of any 
other matter in connection with his office, when required 
by the council or by any ordinance of the city. He shall 
also, annually, between the first and tenth of April, file with 
the clerk a statement of all the moneys collected by him 
during the year, the particular warrant, special assessment 
or account on which collected, the balance of moneys un- 
collected on all warrants in his hands, and the balance re- 
maining uncollected at the time of the return on all war- 
rants which he shall have returned during the preceding 
fiscal year, to the city clerk. The city clerk shall publish 
or post the same, as hereinbefore required to be done in re- 
gard to the annual report of the treasurer. 

§ 15. The collector is hereby expressly prohibited from Prohibited from 

1 • t , . . r , . r , i • . i i retaining mon- 

keepmg the moneys ot the city in his hands, or in the hands eys. 
of any person or corporation, to his use, beyond the time 
which may be prescribed for the payment of the same to the 
treasurer, and any violation of this provision will subject 
him to immediate removal from office. 

§ 16. All the city collector's papers, books, warrants and Mayor to ex- 

i J i ' * r ? i '" , amine papers, 

vouchers may be examined at any time Dy the mayor or etc. 
clerk, or any member of the city council ; and the collector 
shall every two weeks, or oftener if the city council so 
direct, pay over all money collected by him from any per- 
son or persons, or associations, to the treasurer, taking his 
receipt therefor in duplicate, one of which receipts he shall 
at once file in the office of the clerk. 



CITY COMPTROLLER. 



§ 17. The city comptroller (if there shall be any city Duties, 
comptroller appointed, if not, then the clerk) shall exercise a 
general supervision over all the officers of the corporation 
charged in any manner with the receipt, collection, or dis- 
bursement of corporation revenues, and the collection and 
return of all such revenues into the treasury. He shall have 
the charge, custody and control of all deeds, leases, war- 
rants, vouchers, books and papers of any kind, the custody 



244 



CITIES AND VILLAGES. 



and control of which is not herein given to any other offi- 
mates 0rtofe8ti ~ cers » an( ^ ne sna ^ on or before the fifteenth day of May, in 
each year, and before the annual appropriations to be made 
by the city council or board of trustees, submit to the city 
council or board of trustees a report of his estimates, as 
nearly as may be, of moneys necessary to defray the ex- 
penses of the corporation during the current fiscal year. 
He shall, in said report, class the different objects and 
branches of expenditures, giving, as nearly as may be, the 
amount required for each ; and for the purpose of making 
such report, he is authorized to require of all officers their 
statement of the condition and expenses of their respec- 
tive offices or departments, with any proposed improve- 
ments and the probable expense thereof, all contracts made 
and unfinished, and the amount of any and all unexpended 
appropriations of the preceding year. He shall, in such 
report, show the aggregate income of the preceding fiscal 
year, from all sources, the amount of liabilities outstanding 
upon which interest is to be paid, the bonds and debts pay- 
able during the year, when due and when payable; and in 
such report he shall give such other information to the coun- 
cil or board of trustees as he may deem necessary, to the 
eud that the city council or board of trustees may fully 
understand the money exigencies and demands upon the 
corporation for the current year. 

§ 18. When there shall be appointed in any city a comp- 
troller, the city council may, by ordinance or resolution, 
confer upon him such powers, and provide for the perform- 
ance of such duties by him, as the city council shall deem 
necessary and proper; and all the provisions of this act 
relating to the duties of city clerk, or the powers of city 
clerk in connection with the finances, the treasurer and col- 
lector, or the receipt and disbursements of the moneys of 
such city, shall be exercised and performed by such comp- 
troller, if one there shall be appointed; and to that end 
and purpose, wherever in this act heretofore the word 
"clerk" is used, it shall be held to mean "comptroller;" 
and wherever the " clerk's office " is referred to, it shall be 
held to mean " comptroller's office " 

§ 19. The comptroller, when there shall be a comp- 
troller, and if not, then the clerk, shall keep in his office, 
in a book or books kept expressly for that purpose, a correct 
list of all the outstanding bonds of the city, showing the 
number and amount of each, for and to whom the said bonds 
are issued ; and when any city bonds are purchased, or paid, 
or canceled, said book or books shall show the fact ; and in 
his annual report he shall describe, particularly, the bonds 
sold during the year, and the terms of sale, with each and 
every item of expense thereof. 



Council to con- 
fer powers. 



Outstanding 
bonds. 



CITIES AND VILLAGES. 245 



GENERAL PROVISIONS. 



§ 20. The collector and treasurer, and all other officers Duties of of- 
connected with the receipt and expenditure of money, shall flcers " 
perform such other duties, and be subject to such other 
rules and regulations, as the city council or board of trus- 
tees may, from time to time, by ordinance, provide and es- 
tablish. 

§ 21. In the adjustment of the accounts of the collector Appeal to s- 
or treasurer with the clerk (cr comptroller if there shall be tee! 08 commi ' 
one), there shall be an appeal to the finance committee of 
the council or board of trustee?, whose decision in all mat- 
ters of controversy arising between said officers shall be 
binding, unless the city council or board of trustees shall 
otherwise direct and provide. 

§ 22. The comptroller (if there shall be one), the clerk, clerks and sub- 
treasurer and collector, shall, severally, appoint such vari- ordmates - 
oils clerks and subordinates in their respective offices as the 
city council or board of trustees may authorize, and shall 
be held, severally, responsible for the fidelity of all persons 
so appoiuted by them. 

§ 23. All corporations, companies or associations not in- insurance com- 
corpoiated under the laws of this state, engaged in any city P anies - 
in effecting fire insurance, shall pay to the treasurer the 
sum of two dollars upon the hundred dollars of the net re- 
ceipts by their agency in such city, and at that rate upon 
the amount of all premiums which, during the half year 
ending on every first day of July and January, shall have 
been received for any insurance effected or agreed to be 
effected in the city or village, by or with such corporations, 
companies or associations, respec:ively. Every person who Agents, 
shall act in any city or village as agent, or otherwise, for 
or on behalf of any such corporation, company or associa- 
tion, shall, on or before the fifteenth day of July and Janu- 
ary, in each year, render to the comptroller (if any there 
be, if not, to the clerk,) a full, true and just account, verified 
by his oath, of all premiums which, during the half year 
ending on every first day of July and January preceding 
such report, shall have been received by him, or any other 
person for him, in behalf of any such corporation, company 
or association, and shall specity in said account the amounts 
received for fire insurance. Such agents shall also pay over 
to the treasurer, at the time of rendering the aforesaid ac- 
count, the amount of rates for which the company or com- 
panies represented by them are severally chargeable by 
virtue hereof. If such account be not rendered on or before 
the day herein belore designated for that purpose, or if the 
said rates shall remain unpaid after that day, it shall be 
unlawful for any corporation, company or association so in 
detault to transact any business of insurance in any such 



2i6 CITIES AND VILLAGES. 



city or village, until the said requisitions shall have been 
fully complied with ; but this provision shall not relieve any 
company from the payment of any risk that may be taken 
Penalty. in violation hereof. Any person or persons violating auy 

of the provisions of this section shall be subject to indict- 
ment, and upon conviction thereof, in any court of compe- 
tent jurisdiction, shall be fined in any sum not exceeding 
one thousand dollars, or imprisoned not exceeding six 
months, or both, in the discretion of the court. Said rates 
may also be recovered of such corporation, company or as- 
sociation, or its agent, by action in the name and for the 
use of any such city or village, as for money had and re- 
ceived for its use: Provided, that this section shall only 
apply to such cities and villages as have an organized fire 
department, or maintain some organization for the preven- 
tion of fires. 

ARTICLE VIII. 

OF THE ASSESSMENT AND COLLECTION OP TAXES. 



Manner of as- 



Section 1. The city council in cities, and board of trus- 

maimer 01 an- •> tip 

sessment and tees in villages, may assess and collect taxes for corporate 

collection. . ° , , , '< n • _ mi ., r ., 

purposes, in the following manner: I he city council or 
board of trustees, as the case may be, shall, on or before 
the second Tuesday in September in each year, ascertain 
the total amount of appropriations for all corporate purposes, 
legally made, and to be collected from the tax levy of that 
fiscal year, and by ordinance levy and assess such amount, 
so ascertained, upon the real and personal property within 
the city or village subject to taxation, as the same is as- 
sessed for state and county purposes for the current year. 
A certified copy of such ordinance shall be filed with the 
county clerk of the proper county, whose duty it shall be 
to ascertain the rate per cent, which, upon the total valua- 
tion of all property subject to taxation within the city or 
village, as the same is assessed and equalized for state and 
county purposes, will produce a net amount not less than 
the amount so directed to be levied and assessed ; and it 
shall be the duty of the county clerk to extend such tax, in 
a separate column, upon the book or books of the collector 
or collectors of state and county taxes within such city or 
village. 
How coiiec'ea. § 2. The tax so assessed shall be collected and enforced 
in the same manner and by the same officers as state and 
county taxes, and shall be paid over by the officers collec - 
ing the same to the treasurer of the city or village, 
settlements § 5. It shall be the duty of the officer collecting; such 

h tlOODnVQl. I'll 

tax to settle with and pay over to such treasurer, as often 
as once in two weeks from the time he shall commence the 
collection thereof, all such taxes as he shall then have col- 
lected, till the whole tax collected shall be paid over. 



■with treasurer. 



CITIES AND VILLAGES. 247 



§ 4. Whenever any city or village is required to levy Particular debts 
a tax for the payment of any particular debt, appropriation or Uablllties - 
or liability of the same, the tax for such purpose shall be 
included in the total amount assessed by the city council or 
board of trustees, and certified to the county clerk as afore- 
said ; but the city council or board of trustees shall deter- 
mine, in the ordinance making such assessment, what pro- 
portion of such total amount shall be applicable to the pay- 
ment of such particular debt, appropriation or liability ; and 
the city or village treasurer shall set apart such proportion 
of the tax collected and paid to him for the payment of such 
particular debt, appropriation or liability, and shall not uis- 
burse tne same for any other purpose until such debt, ap- 
propriation or liability shall have been discharged. 

§ 5. All taxes levied or assessed by any city or village, Taxes to be 
except special assessments for local improvements, shall be unilorm - 
uniform upon all taxable property and persons within the 
limits of the city, and no property shall be exempt there- 
from other than such property as may be exempt from 
taxation under the constitution and general laws of the state. 

ARTICLE IX. 

SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 

Section 1. That the corporate authorities of cities and power to mave. 
villages are hereby vested with power to make local im- 
provements by special assessment or by special taxation, or 
both, of contiguous property, or general taxation, or other- 
wise, as they shall by ordinance prescribe. 

§ 2. When any such city or village shall, by ordinance, ordinances in 
provide for the making of any local improvement, it shall, re s ard t0 - 
by the same ordinance, prescribe whether the same shall 
be made by special assessment or by special taxation of 
contiguous property, or general taxation, or both. 

§ 3. Should said ordinance provide for improvements private pro- 
which require the taking or damaging of property, the pro perty- 
ceediug for making just compensation theretor shall be as 
follows : 

§ 4. Whenever any such ordinance shall be passed by Proceeding, 
the legislative authority of any such city or village, for the 
making of any improvement mentioned in the first section 
of this act, or any other local improvement that such city or 
village is authorized to make, the making of which will re- 
quire that private property be taken or damaged for public 
use, such city or village shall tile a petition in some court of 
record of the county in which such city is situated, in the 
name of the city, praying that " the just compensation to be 
made for private property to be taken or damaged for the 
improvement or purpose specified in such ordinance shall 
be ascertained by a jury." 



248 CITIES AND VILLAGES. 



Petition. § 5. Such petition shall contain a copy of the said ordi- 

nance, certified by the clerk, under the corporate seal ; a 
reasonably accurate description of the lots, parcels of land, 
and property which will be taken or damaged, and the 
names of the owners and occupants thereof, so tar as known 
to the board or officer tiling the petition, and where any 
known owners are non-residents of the state, stating the fact 
of such non-residence, 
summons to § 6. Upon the filing of the petition aforesaid, a sum- 

pames ceiend- moQS) w hich may be made returnable upon any day in term 
time, shall be issued and served upon the persons made 
parties aefendant, as in cases in chancery. And in case 
any of them are unknown, or reside out of this state, or on 
due inquiry cannot be found, the clerk of the court, upon 
an affidavit being filed showing such fact, shali cause publi- 
cation to be made in some newspaper printed in his county, 
or if there be no newspaper published in his county, then 
in some newspaper published in this state, containing no- 
tice of the pendency of such proceeding, the parties there- 
to, the title of the court, and the time and place of me re- 
turn of the summons in the case, and the nature of said 
proceeding; such publication to be made for four weeks 
consecutively, at least once in each week, the first of which 
shall be at least thirty days before the return day of such 

Notices. summons. Notices so given by publication shali be suffi- 

cient to authorize the court to hear and determine the suit, 
as though all parties had been sued by their proper names 
and had been personally served. 

Eetnrnofsum- § 7. Upon the return of said summons, or as soon there- 

mons. after as the business of the court will permit, the said court 

shall proceed to the hearing of such petition, and' shall im- 
pannel a jury to ascertain the just compensation to be paid 
to all of such owners and occupants atoresaid. 

j ury> § 8. Such jury shall also ascertain the just compensa- 

tion to be paid to any person claiming an interest in any 
lot, parcel of land or property which may be taken or dam- 
aged by such improvement, whether or not such, person's 
name, or such lot, parcel of land, or other property, is men- 
tioned or described in such petition : Jr'rovided, such per- 
son shall first be admitted as a party defendant to said suit 
by such court, and snail file a statement of his interest in 
and description of the lot, parcel of land, or other property 
in respect to which he claims compensation, 
jury to view § 9. The court may, upon the motion of such city or 

the premises, village, or of any person claiming any such compensation, 
direct that said jury (uuder the charge of an officer of the 
court) shall view the premises whicti it is claimed by any 
party to said proceeding will be taken or damaged by said 
improvement. 
Upon return of § 10. Upon the return of such verdict, the court shall 
order the same to be recorded, and shall enter such judg- 



CITIES AND VILLAGES. 249 



meat or decree thereon as the nature of the case may re- 
quire. The court shall continue or adjourn the cause, from 
time to time, as to all occupants and owners named in snch 
petition who shall not have been served with process, or 
brought in by publication, and shall order a new summons 
to issue and new publication to be made ; and upon such 
occupants or owners being brought into court, shall impan- 
nel a jury to ascertain the compensation so to be paid to 
such defendant or defendants, for private property taken or 
damaged ; and like proceeding shall be had for such pur- 
pose as hereinbefore provided for the ascertaining of com- 
pensation to ether owners. 

§ 11. The court shall have power, at any time, upon where owner 
proof that any such owner or owners named in such pcti- owner 386 t0 e 
tion, who has not been served with process, has ceased to 
be such owner or owners since the tiling of such petition, 
to impannel a jury and ascertain the just compensation to 
be made for the property (or the damage thereto) which had 
been owned by the person or persons so ceasing to own the 
same ; and the court may, upon any finding or findings of 
any jury or juries, or at any time during the course of such 
proceedings, enter such order, rule, judgment or decree as 
the nature of the case may require. 

§ 12. No delay in making an assessment of compensa- Delay in ma- 
tion shall be occasioned by any doubt or contest which may kmg assessment 
arise as to the ownership of the property, or any part there- 
of, or as to the interests of the respective owners or claim- 
ants, but in such case the court may impannel a jury and 
ascertain the entire compensation or damage that should be 
paid for^the property, or part of property, and the entire 
interests of all parties therein, and may require adverse 
claimants to interplead so as to fully determine their rights 
and interests in the compensation so ascertained. And the 
court may make such order as may be necessary in regard 
to the deposit or payment of such compensation. 

§ 13. When it shall appear, from said petition or other- interest of in- 
wise, at any time during the proceedings upon such peti- JereoM. dinBMW 
tion, that any infant, or insane or distracted person, is inter- 
ested in any property that is to be taken or damaged, the 
court shall appoint a guardian, ad litem, for 6uch infant or 
insane or distracted person, to appear and defend for him, 
her or them ; and the court shall make such order or de- 
cree as it shall deem proper to protect and secure the inter- 
est of such infant, or insane or distracted person, in such 
property, or the compensation which shall be awarded 
therefor. 

§ 11. Any final judgment or judgments rendered by Final judgments 
said court, upon any finding or findings of any jury or 
juries, shall be a lawful and sufficient condemnation of the 
laud or property to be taken upon the payment of the 
amount of such finding as hereinafter provided. It shall be 
—25 



250 CITIES AND VILLAGES. 



final and conclusive as to the damages caused by such im- 
provement, unless such judgment or judgments shall be 
appealed from ; but no appeal or writ of error upon the 
same shall delay proceedings under said ordinance, if such 
city or village shall deposit, as directed by the court, the 
amount of the judgment and costs, and shall tile a bond in 
the court in which such judgment was rendered, in a sum 
to be fixed and with security to approved by the judge of 
said court, which shall secure the payment of any future 
compensation which may at any time be finally awarded to 
such party so appealing or suing out such writ of error, 
and his or her costs. 
Whencompen- § 15. The court, upon proof that said just compensa- 

saiomspai ^ oq go found by the jury has been paid to the person en- 
titled thereto, or has been deposited as directed by the court 
(and bond given, in case of any appeal or writ of error), 
shall enter an order that the city or village shall have the 
right, at any time thereafter, to take possession of or dam- 
age the property, in respect to which such compensation 
shall have been so paid or deposited, as aforesaid, 
cost of im- § 16. "When the ordinance under which said improve- 

provement. men t i s ordered to made shall provide that such improve- 
ment shall be made by general taxation, the cost of such 
improvement shall be added to the general appropriation 
bill of such city or village, and shall be levied and collected 
with and as a part of the general taxes of such city or 
village, 
when made by § 17. When said ordinance under which said local im- 

speciai tax. provement shall be ordered shall provide that such im- 
provement shall be made by special taxation of contiguous 
property, the same shall be levied, assessed and collected in 
the way provided in the sections of this act providing for 
the mode of making, levying, assessing and collecting spe- 
cial assessments. 

SPECIAL ASSESSMENT. 

Proceedings § 18. When the ordinance under which said local im- 
for makmg. provement is ordered to be made shall provide that such 
improvement shall be wholly or in part made by special 
assessment, the proceedings for the making such special as- 
sessment shall be in accordance with the sections of this act 
from eighteen to fifty-one, inclusive, 
ordinances to § 19. Whenever such local improvements are to be 
ment,2 Mmprove " made wholly or in part by special assessment, the said 
council in cities, or board of trustees in villages, shall pass 
an ordinance to that effect, specifying therein the nature, 
character, locality and description of such improvement : Pro- 
vided^ that whenever any such ordinance shall provide only 
for the building or renewing of any sidewalk, the owner of 
any lot or piece of land fronting on such sidewalk shall be 



CITIES AND "VILLAGES. 251 



allowed fifteen days after the time at which such ordinance 
shall take effect in which to build or renew such sidewalk 
opposite his land, and thereby relieve the same from assess- 
ment: Provided, that the work so to be done shall in all 
respects conform to the requirements of such ordinance. 

§ 20. The city council or board of trustees shall appoint Estimate of 

., ° „ . •; i ^1 , cost of improve- 

three ot its members, or any other three competent per- ment. 
sons, who shall make an estimate of the cost of the im- 
provement contemplated by such ordinance, including labor, 
materials, and all other expenses attending the same, and 
the cost of making and levying the assessment, and shall 
report the same in writing to said council or board of trustees. 

§ 21. On such report being made, and approved by the . WheD "p ort 
council or board of trustees, as the case may be, it may 
order a petition to be filed by such officer as it shall direct, 
in the county court of its county, for proceedings to assess 
the cost of such improvement in the manner provided in 
this act. 

§ 22. The petition shall be in the name of the corpora- Petition, 
tion, and shall recite the ordinance for the proposed improve- 
ment, and the report of such commission, and shall pray 
that the cost of such improvement may be assessed in the 
manner prescribed by law. 

§ 23. Upon the filing of such petition the court shall commissioners. 

appoint three competent persons as commissioners, who 

shall take and subscribe an oath, in substance as follows, 

to- wit : 

State of Illinois, ) 
County. ) 

We, the undersigned, commissioners, appointed by the county court of. Oath. 

county, to assess the cost of . . . . (here state in general terms the improvement), 
do solemnly swear (or affirm, as the case may be,) that we will a true and impar- 
tial assessment make of the cost of said improvement upon the city (or village) 

of , and the property benefited by such improvement, to the best of our 

ability, and according to law. 

§ 24. It shall be the duty of such commissioners to ex- Duties of com- 
amine the locality where the improvement is proposed to be missloners - 
made, and the lots, blocks, tracts and parcels of lands that 
will be specially benefited thereby, and to estimate what 
proportion of the total cost of such improvement will be of 
benefit to the public, and what proportion thereof will be of 
benefit to the property to be benefited ; and apportion the 
same between the city or village, and such property, so that 
each shall bear its relative equitable proportion ; and having 
found said amounts, to apportion and assess the amount so 
found to be of benefit to the property, upon the several lots, 
blocks, tracts and parcels of land in the proportion in which 
they will be severally benefited by such improvement: 
Provided, that no lot, block, tract or parcel of land shall be 
assessed a greater amount than it will be actually benefited. 

§ 25. They saall also make or cause to be made a map Map. 
showing the lots, blocks, tracts and parcels of land which 



252 CITIES AND VILLAGES. 



they shall find will be benefited by the proposed improve- 
ment, and shall mark upon each lot, block, tract or parcel 
of land shown by such map the amount they shall find to 
be its proportion of the cost of such improvement. 
Assessment roil. § 26. They shall also make or cause to be made an assess- 
ment roll, in which shall appear the names of the owners, so 
far as known, a description of each lot, block, tract or parcel 
of land, and the amount assessed as special benefits thereto; 
and in which they shall set down as against the city or vil- 
lage the amount they shall have found as public benefit, and 
certify such assessment roll, with said map, to the court by 
which they were appointed, at least ten days before the 
first day of the term at which a final hearing thereon shall 
be had. 
Notice, manner § 27. It shall also be the duty of such commissioners to 
of smug. gj ve not j ce f g-Qch assessment, and of the term of court at 
which a final hearing thereon will be had, in the following 
manner : 

First — They shall send by mail to each owner of premises 
assessed, whose name and place of residence is known to 
them, or, upon diligent inquiry, can be ascertained, a notice 
substantially in the following form: 

Mr : 

Your (here give a short description of the premises), is assessed $ 

for public improvement. The assessment roll will be returned to the.. . . term 
of the county court of county. 

"^ •) . . 

>• Commissioners. 

Second — They shall cause at least ten days' notice to be 
given by posting notices in [at] least four public places in 
such city or village, two of which shall be in the neighbor- 
hood of such proposed ' improvement, and when a daily 
newspaper is published in the county of such city or village, 
by publishing the same at least five successive days in a 
daily newspaper published in such county; or if no daily 
newspaper is published in such county, and a weekly news- 
paper is published therein, then at least once in each 
week for two successive weeks, always preferring a news- 
paper published in such city or village, if there is one. The 
notice may be substantially as follows : 

SPECIAL ASSESSMENT NOTICE. 

Notice is hereby given to all persons interested, that the city council (or 

board of trustees, as the case may be,) of , having ordered that (here 

insert the description and nature of improvements substantially as in ordi- 
nance), bave applied to the county court of county for an assessment 

of the cost of said improvements according to benefits; and an assessment 
thereof having been made and returned to said court, the final hearing thereon 

will be had at the term of said court, commencing on the . . . day 

of . . . , A. D. 18 . . All persons desiring may then and there appear and make 
their defense. 

(Here give date.) 

Commissioners. 



CITIES AND VILLAGES. 253 

§ 28. On or before the final hearing, the affidavit of one Affidavit of 
or more of the commissioners shall be filed iinsaid court, comi!llsslonera 
stating they have sent or caused to be sent by mail to the 
owners whose premises have been assessed, and whose 
names and places of residence are known to them, or, upon 
diligent inquiry, could be ascertained, the notice hereinbe- 
fore" required to be sent by mail to owners of premises as- 
sessed. They shall also cause to be filed the affidavit of 
the person who shall have posted the notices required by 
this act to be posted, setting forth when, and in what man- 
ner the same were posted. Such affidavits shall be received 
as prima facie evidence of a compliance with this act in 
regard to giving such notices. They shall also file a cer- 
tificate of publication of said notice in like manner as is re- 
quired in other cases of publication of notices. 

§ 29. If ten days shall not have elapsed between the Continuance, 
first publication, or the putting up of such notices, and the 
first day of the next term of such court, the hearing shall be 
continued until the next term of court. 

§ 30. Any person interested in any real estate to be objections to 
affected by such assessment, may appear and file objections repor " 
to such report, and the court may make such order in re- 
gard to the time of filing such objections as may be made 
in cases at law in regard to the time of filing pleas. As to 
all lots, blocks, tracts and parcels of land to the assessment 
of which objections are not filed within the time ordered by 
the court, default may be entered, and the assessment con- 
firmed by the court. 

§ 31. On the hearing, the report of the commissioners Evidence, 
shall be competent evidence, and either party may intro- 
duce such other evidence as may tend to establish the right 
of the matter. The hearing shall be conducted as in other 
cases at law, and if it shall appear that the premises of the 
objector are assessed more or less than they will be bene- 
fited, or more or less than their proportionate share of the 
cost of the improvement, the jury shall so find, and also 
find the amount for which such premises ought to be as- 
sessed, and judgment shall be rendered accordingly. 

§ 32. The hearing in all cases arising under this act Precedence, 
shall have precedence over all other cases in such court, 
except criminal cases. 

§ 33. The court before which any such proceeding may °<™ rt m ^ 
be pending, shall have authority, at any time before final change assess- 
adjournment, to modify, alter, change, annul or confirm ment ' 
any assessment returned, as aforesaid, or cause any such 
assessment to be recast by the same commissioners when- 
ever it shall be necessary for the attainment of justice, or 
may appoint other commissioners in the place of all or any 
of the commissioners first appointed, for the purpose of 
making such assessment, or modifying, altering, changing 
or recasting the same, and may take all such proceedings 



254 



CITIES AND VILLAGES. 



Judgment of 
the court. 



Clerk to certify 
judgment. 



and make all such orders as may be necessary to make a 
true and just assessment of the cost of such improvement 
according to the principles of this act, and may from time 
to time, as may be necessary, continue the application for 
that purpose as to the whole or any part of the premises. 

§ 34. The judgment of the court shall have the effect of 
a several judgment as to each tract or parcel of land 
assessed, and any appeal from such judgment or writ of 
error shall not invalidate or delay the judgment, except as 
to the property concerning which the appeal or writ of error 
is taken. Such judgment shall be a lien upon the pro- 
perty assessed, from the date thereof until payment shall be 
made. 

§ 35. The clerk of the court in which such judgment is 
rendered shall certify the assessment roll and judgment to 
the clerk of such city or village, or if there has been an 
appeal or writ of error taken on any part of such judgment, 
then he shall certify such part of the judgment as is not in- 
cluded in such appeal or writ of error. The clerk of the 
city or village shall tile such certificate in his office, and 
issue a warrant for the collection of such assessment. 

§ 3<i. The warrant in all cases of assessment under this 
act shall contain a copy of such certificate of the judgment, 
describing the lots, blocks, tracts or parcels of land assessed, 
and the respective amounts assessed on each lot, block, tract 
or parcel of land, and shall be delivered to the officer au- 
thorized to collect such special assessments. Such warrant 
shall give sufficient authority to collect the assessments 
therein specified. 

§ 37. The collector receiving such warrant shall imme- 
diately give notice thereof by publishing such notice in one 
or more newspapers in such city or village, if such news- 
paper is there ; and if there is no such newspaper, then by 
posting four copies thereof in public places along the line 
of the proposed improvement. Such notice may be sub- 
stantially in the following form : 



Warrant for 
collection 



Collector 
give notice. 



to 



Notice. 



Dalies of the 
collector. 



SPECIAL ASSESSMENT NOTICE. SPECIAL WARRANT NO. — . 

Public notice is hereby giv.m that the (here insert title of court) has ren- 
dered judgment for a special assessment upon property benefited by the follow- 
ing improvement: (here insert the character and location of the improvement 
in general terms) as will more fully appear from the certified copy of the judg- 
ment on file in the office of the clerk of the city (or village) of . . . . ; that a 
warrant for the collection of such assessments is in the hands of the under- 
signed. All persons interested are hereby notified to call and pay the amounts 
assessed, at the collector's office (here insert location of office), within thirty 
days from the date hereof. 

Dated this day of , A. D. 18 . . 

, Collector. 

§ 38. It shall be the duty of the collector into whose 
hands the warrant shall so come, as far as practicable, to 
call upon all persons resident within the corporation whose 
names appear on the assessment roll, or the occupants of 



CITIES AND VILLAGES. 255 



the property assessed, and personally, or by written or 
printed notice left at his or her usual place of abode, inform 
them of such assessment, and request payment of the same. 
Any such collector omitting so to do shall be liable to a 
penalty of ten dollars for every such omission, but the 
validity of the special assessment, or the right to apply for 
and obtain judgment for any such special [assessment], shall 
not be affected by such omission. It shall be the duty of 
such collector to write the word " paid " opposite each tract 
or lot on which the assessment is paid, together with the 
name and post office address of the person making the pay- 
ment, and date of payment. 

§ 39. It shall be the duty of the collector of special collector to 
assessments, within such time as the city council or board of ma repor ' 
trustees may by ordinance provide, to make a report in 
writing — to the general officer of the county authorized, or 
to be designated by the general revenue law of this state, 
to apply for judgment and sell lands for taxes due the county 
and state — of all the lands, town lots and real property on 
which he shall have been unable to collect special assess- 
ments, with the amount of special assessments due and un- 
paid thereon, together with his warrant, or with a brief 
description of the nature of the warrant or warrants re- 
ceived by him authorizing the collection thereof; which 
report shall be accompanied with the oath of the collector 
that the list is a correct return and repoit of the lands, town 
lots and real property on which the special assessments 
levied by authority of the city of .... (or village of. ... , as 
the case may be,) remain due and unpaid ; that he is unable 
to collect the same or any part thereof, and that he has given 
the notice required by law tnat said, warrants had been 
received by him for collection. Said report, when so made, 
shall be prima facie evidence that all the forms and re- 
quirements of the law ?n relation to making said return 
have been complied with, and that the special assessments 
mentioned in said report are due and unpaid. And, upon 
the application for judgment upon such assessment, no de- 
fense or objection shall be made or heard which might have 
been interposed in the proceeding for the making of such 
assessment, or the application for the confirmation thereof. 

§ 40. When said general officer shall receive the report ^Unpaid assess- 
provided for in the preceding section, he shall at once pro- ™ 
ceed to obtain judgment against said lots, parcels of land 
and property for said special assessments remaining due and 
unpaid, in the same manner as is or may be by law pro- 
vided for obtaining judgment against lands for taxes due 
and unpaid the county and state; and shall in the same 
manner proceed to sell the same for the said special assess- 
ments remaining due and unpaid. In obtaining said judg- 
ment and making said sale, the said officer shall be gov- 



ments. 



256 CITIES AND VILLAGES. 



erned by the general revenue laws of this state, except when 
otherwise provided herein. 

Redemption. § 41. After making said sales, the list of lots, parcels of 

land and property sold thereat shall be returned to the 

office of tlie county clerk, and redemption may be made as 

provided for by the general revenue law of the state. 

when taxes § 42. If the collector shall receive any moneys for taxes 

ed^unpaiu™" or assessments, giving a receipt therefor for any land or 
parcel of land, and afterwards return the same as unpaid to 
the state officers authorized to sell lands for taxes, or shall 
receive the same after making such return, and the same be 
sold for tax or assessment which has been so paid and re- 
ceipted for by himself or his clerks, he and his bond shall 
be liable to the holder of the certificate given to the pur- 
chasers at the sale, for double the amount of the face of the 
certificate, to be demanded in two years from the date of 
the sale, and recovered in any court having jurisdiction of 
the amount ; and the city or village shall, in no case, be 
liable to the holder of such certificate. 

collector to pay § 43. The collector or collectors, and the general officer 
aforesaid, to whom the said warrant shall be returned, shall 
pay over to the city or village treasurer to which it shall 
belong all moneys collected by them, respectively 7 , upon or 
by virtue of such warrant, or upon any sale for taxes or 
otherwise, at such time or times, and in such manner as 
shall be prescribed by ordinance, and shall be allowed such 
compensation for their services in the collection of such as- 
sessment as the ordinances of .the city or village may pro- 
vide, except when such compensation is fixed by general law. 
General laws § ^- ^ ne g euera l revenue laws of this state, in refer- 

appiicabie. ence to proceedings to recover judgments for delinquent 
taxes, the sale of property thereon, the execution of certifi- 
cates of sale and deeds thereon, the force and effect of such 
sales and deede, and all other laws in relation to the en- 
forcement and collection of taxes and redemption from tax 
sales, except as herein otherwise provided, shall be appli- 
cable to proceedings to collect such special assessment, 
cities and vii- § 45. Any city or village interested in the collection of 

chase. may ?ur " an y tax or special assessment, may become a purchaser at 
any sale of real or personal property to enforce the collec- 
tion of the same, and may, by ordinance, authorize and 
make it the duty of one or more city or village officers to 
attend such sales, and bid thereat in behalf of the corpo- 
ration. 
New assess- § 46. If any assessment shall be annulled by the city 

ments. council or board of trustees, or set aside by any court, a 

new assessment may be made and returned, and like no- 
tice given and proceedings had, as herein required in rela- 
tion to the first ; and all parties in interest shall have the 
like rights, and the city council or board of trustees and 
court shall perform like duties and have like power in rela- 



CITIE8 AND VILLAGES. 257 



tion to any subsequent assessment, as are hereby given in 
relation to the first assessment. 

§ 47. It", in any case, the first assessment prove insuffi- second aseess- 
cient, a stcond may be made in the same manner, as nearly ments - 
as may be, and so on, until sufficient moneys shall have 
been realized to pay for such public improvement. If too 
large a sum shall, at any time, be raised, the excess shall be 
refunded ratably to those by whom it was paid. 

§ 48. If, from any cause, any city or village shall fail to i Failure to co i 
collect the whole or any portion of any special assessment 
which may be levied, which shall not be canceled and set 
aside by the order of any court, for any public improvement 
authorized to be made and paid for by special assessment, 
the city council or board of trustees may, at any time with- 
in five years after the confirmation of the original assess- 
ment, direct a new assessment to be made upon the delin- 
quent property for the amount of such deficiency, and in- 
terest thereon from the date of such original assessment — 
which assessment shall be made, as near as may be, in the 
same manner as is herein prescribed for the first assessment. 
In all cases where partial payment shall have been made on 
such former assessment, they shall be credited or allowed 
on the new assessment to the property for which they were 
made, so that the assessment shall be equal and impartial 
in its results. If such new assessment prove ineffectual, 
either in whole or in part, the city council or board of trus- 
tees may, at any time within said period of five years, order 
a third, and so on, to be levied in the same manner and for 
the same purpose; and it shall constitute no legal objection 
to such assessment that the property may have changed 
hands, or been encumbered, subsequent to the date of the 
original assessment, it being the true intent and meaning 
of this section to make the cost and expense of all public 
improvements, to be paid for by a special assessment, a 
charge upon the property assessed therefor, for the full 
period of five years, from the confirmation of the original 
assessment, and for such longer period as may be required 
to collect, in due course of law, any new assessment ordered 
within that period. 

§ 49. All persons taking any contracts with the city or Contracts, 
village, and who agree to be paid from special assessments, 
shall have no claim or lien upon the city or viriage in any 
event, except from the collections of the special assessments 
made for the work contracted for. 

§ 50. All contracts for the making of any public im- To be let to 
provement, to be paid for in whole or in part by a special lowest blcder - 
assessment, and any work or other public improvement, 
wheu the expense thereof shall exceed five hundred dollars, 
shall be let to the lowest responsible bidder, in the man- 
ner to be prescribed by ordinance — such contracts to be ap- 
proved by the mayor or president of the board of trustees : 
—26 



258 



CITIES AND VILLAGES. 



lector. 



Provided, however, any such contract may be entered into 
by the proper officer without advertising for bids, and with- 
out such approval, by a vote of two-thirds of all the alder- 
men or trustees elected. 
meEts ial to Sse be § ^1. All special assessments levied by any city or vil- 
liens. lage under this act, shall, from the date of assessment, be a 

lien upon the real estate upon which the same may be im- 
posed, and such lien shall continue until such special assess- 
ments are paid. And the same proceedings may be resorted 
to by the collector, upon any warrant or order issued or 
made for the collection of special assessments, as in the case 
of the collection of state and county taxes under the general 
laws of the state. 
>ctor ts by co1 * § 52. At any time after the same becomes due, it shall 
and may be lawful for any collector thereof to commence 
suit in any court of record, in the corporate name of such 
city or village, against any person or persons, for the total 
amount of special assessments which such person or persons 
are liable for the payment of. Such suit shall be com- 
menced by petition, and shall state the several amounts of 
the special assessments sought to be recovered, and give a 
general description of the warrant or warrants issued for 
the collection thereof. Upon the filing of the petition a 
summons shall be issued, served and returned as in other 
suits in such court. Upon the return of such summons, 
duly served, the court shall forthwith proceed to the hear- 
ing of said petition without formal pleadings, and may ren- 
der judgment for all or any part of the special assessments, 
as the right and justice of the case may require. The origi- 
nal, or a certified copy (by the clerk, under the corporate 
seal,) of such warrant or warrants and list or lists, or so 
much thereof as refers to the special assessments sought to 
be recovered, shall be prima facia evidence of the right 
of said collector to a judgment in favor of such corporation. 
Execution shall issue on such judgment as in other cases, 
but such execution may be first levied upon and collected 
from any personal property of the defendant ; or the court, 
in which such proceedings were had, may, upon complaint 
of the city or village, issue a scire facias against the person 
or persons liable for such payment, to show cause why exe- 
cution should not issue against him or them for the amount 
of such assessment ; and if, upon the return of such scire 
facias, good cause is not shown why execution should not 
issue, the court may award execution against such person 
or persons in the usual form of execution upon judgments 
at law. 
Compensation 8 53. Whenever any city or village shall apply to any 

for property ta- ° . ,. ., « ,. . , & 5 „ *■ 

ken. court tor the purpose oi making just compensation lor pro- 

perty taken or damaged by such proceedings as are author- 
ized by this act, such city or village may tile in the same 
proceeding a supplemental petition, praying the court to 



CITIES AND TILLAGES. 



259 



cause that an assessment be made for the purpose of ra.s- 
ing the amount necessary to pay the compensation and dam- 
ages which may be awarded for the property taken or dam- 
aged, with the costs of the proceeding, and when it may be 
desirable so to do, also including the cost of making the 
improvement for which the property is taken or damaged. 
When such supplemental petition is filed, like proceedings 
shall be had, and the assessment made, collected and en- 
forced in the same manner, as near as may be, as is provi- 
ded in this article in other cases. 

§ 54. Any city or incorporated town or village may, if m af be adopted 1 
it shall so determine by ordinance, adopt the provisions of 
this article without adopting the whole of this act ; and 
where it shall have so adopted this article, it shall have the 
right to take all proceedings in this article provided for, and 
have the benefit of all the provisions hereof. 

ARTICLE X. 

/ 

(MISCELLANEOUS PROVISIONS.) — WATER. 

Section 1. The city council or board of trustees shall water. 
have power to provide for a supply of water by the boring 
and sinking of artesian wells, or by the construction and 
regulation of wells, pumps, cisterns, reservoirs or water 
works, and to borrow money therefor, and to authorize any 
person or private corporation to construct and maintain the 
same at such rates as may be fixed by ordinance, and for a 
period not exceeding thirty years ; also to prevent the un- 
necessary waste of water ; to prevent the pollution of the 
water, and injuries to such wells, pumps, cisterns, reservoirs 
or water works. 

§ 2. For the purpose of establishing or supplying water water works, 
works, any city or village may go beyond its territorial lim- 
its, and may take, hold and acquire property by purchase 
or otherwise ; shall have power to take and condemn all 
necessary lands or property therefor, in the manner provi- 
ded for the taking or injuring private property for public 
uses ; and the jurisdiction of the city or village to prevent 
or punish any pollution or injury to the stream or source of 
water, or to such water works, shall extend five miles be- 
yond its corporate limits, or so far as such water works may 
extend. 

§ 3. The city council or board of trustees shall have Rules and reg- 
power to make all needful rules and regulations concerning water 08 ' nse ° f 
the use of water supplied by the water works of said city 
or village, and to do all acts and make such rules and regu- 
lations for the construction, completion, management or 
control of the water works, and for the levying and collect- 
ing of any water taxes, rates or assessment?, as the said 
city council or board of trustees may deem necessary and 
expedient ; and such water taxes, rents, rates or assess- 



260 



CITIES AND VILLAGES. 



ments may be levied or assessed upon any lot or parcel of 
ground, having a building or buildings thereon, which shall 
abut or join any street, avenue or alley in such city or vil- 
lage through which the distributing pipes of such water 
works (if any) of said city or village are or may be laid, 
which can be conveniently supplied with water from said 
pipes : Provided, the water shall be used on such lot or 
parcel of ground or not; and the same, when so levied 
or assessed, shall become a continuing lien or charge upon 
such lot or parcel of ground, building or buildings sit- 
uated thereon, and such lien or charge may be collected or 
enforced in such manner as the city council may, by ordi- 
nance, prescribe. And the corporate authorities may levy 
a general tax for the construction and maintenance of such 
water works, and appropriate money therefor. 
swts against § 4. A suit may be brought by any taxpayer, in the 

taxpayers. name an( j f or th e benefit of the city or village, against any 
person or corporation, to recover any money or property 
belonging to the city or village, or for any money which 
may have been paid, expended, or released without author- 
ity of law : Provided, that such taxpayer shall file a bond 
for all costs, and be liable for all costs in case the city or 
village be cast in the suit, and judgment shall be rendered 
accordingly. 

Maps aaci peats. § 5. The city council or board of trustees shall have 
power to provide, by ordinance, that any map, plat, or sub- 
division of any block, lot, sub-lot, or part thereof, or of any 
piece or parcel of land, shall be submitted to the city council or 
board ot trustees, or to some officer to be designated by 
such council or board of trustees, tor their or his approval ; 
and in such cases no such map, plat, or subdivision shall 
be entitled to record in the proper county, or have any valid- 
ity until it shall have been so approved, 
competency of § 6. jNo person shall be an incompetent judge, justice 

freeholders. or juror, by reason of his being an inhabitant or freeholder 
in said city or village, in any action or proceeding in which 
said city or village may be a party in interest. 

census. § 7. Whenever in this act any provision thereof is based 

upon the number of inhabitants, [the number of inhabitants] 
of the city or village shall be determined by reference to the 
latest census taken by authority of the United States or this 
state, or of such city or village ; and it shall be the duty of the 
secretary of state, upon the publication of any state or United 
States census, to certify to each city or village the number 
of inhabitants, as shown by such census. Any city or vil- 
lage may, by ordinance, provide for the taking of a census 
of the population thereof, in order to determine the number 
of such population for any and all purposes of this act. 
And the several courts in this state shall take judicial notice 
of the population of any city or village, as the same may 



CITIES AND VILLAGES. 261 



appear from the latest federal, state, city or village census 
so taken. 

§ 8. The term "municipal year" shall be construed to Municipal year. 
mean the period elapsing between the regular annual elec- 
tions, unless otherwise provided by ordinance. 

§ 9. When in any suit the city or village prays an ap- Appeal, 
peal from the judgment of any court of this state to a 
higher court, it shall not be required to furnish an appeal 
bond. 

ARTICLE XI. 

OF THE ORGANIZATION OF VILLAGES. 

Section 1. Any town in this state incorporated either Towns may 
under any general law for the incorporation of towns, and °afe* nize as 
acts amendatory thereof, or under any special act for the 
incorporation of any town or village, may become organ- 
ized as a village, under this act, in the manner following : 
Whenever any thirty voters in such town shall petition the 
president and trustees thereof to submit the question 
whether such town will become organized as a village, under 
this act, to the decision of the legal voters thereof, it shall 
be the duty of such president and trustees to submit the 
same accordingly; and to fix a time and place within such 
town for holding such election ; and to appoint the judges 
to hold such election ; and to give notice of the time, place 
and purpose of such election by causing at least five notices 
thereof to be posted in public places in such town, for at 
least fifteen days prior to holding such election. 

§ 2. Each qualified voter, resident within such town or voters. 
proposed village, shall have the right to casta ballot at such 
election, with the words thereon, u For village organization 
under the general law," or "Against village organization 
under the general law." 

§ 3. The judges of such election shall make returns Returns of eiee- 
thereof to the president and trustees of the town, as soon tion • 
as practicable after such election is held ; and it shall be the 
duty of the president and trustees to canvass such returns, 
and cause a statement of the result of such election to be 
entered upon the records of the town. 

§ 4. If a majority of the votes cast at such election are officers to con- 
for village organization under the general law, such town 
shall, from thenceforth, be deemed to be duly incorporated 
as a village under this act ; but the town officers then in 
office shall continue as like officers of such village until 
their successors shall be elected or appointed under the pro- 
visions of this act. 

§ 5. Whenever any area of contiguous territory, not Territory now 
exceeding two square miles, shall have resident thereon a orgamzed - 
population of at least three hundred inhabitants, and which 
territory is not included within the limits of any incorpor- 



262 CITIES AND TILLAGES. 



ated town, village or city, the same may become incorpor- 
ated as a village, under this act, in the manner following : 
Any thirty legal voters resident within the limits of such 
proposed village may petition the county judge of the 
county in which they reside, to cause the question to be 
submitted to the legal voters of such proposed village, 
whether they will organize as a village under this act. And 
if the territory described in said petition shall be situated in 
more than one county, then the petition shall be addressed 
to the judge of the county court of the county where a 
greater part of such territory is situated. Such petition 
shall be addressed to the county judge, contain a definite 
description of the lands intended to be embraced in such 
village, the number of inhabitants resident therein, and the 
name of such proposed village. 
Petition. § 6. Upon the filing such petition in the office of the 

county clerk, it shall be the duty of such judge to perform 
the same duties in reference to fixing the time and place of 
such election, giving notice and appointing judges thereof, 
as is above required to be performed by the president and 
trustees in towns already incorporated. The returns of 
such election shall be made to the county judge, who shall 
call to his assistance any two justices of the peace, and can- 
vass such returns, and cause a statement of the result of 
such election to be entered upon the records of the county 
court. The second section of this article shall be applicable 
to such election. 

Election of of- § 7. If a majority of the votes cast at such election is 
for village organization under the general law, such pro- 
posed village, with the boundaries and name mentioned in 
in the petition, shall, from thenceforth, be deemed an organ- 
ized village under this act, and the county judge shall, there- 
upon, call and fix the time and place of an election to elect 
village officers, and cause notice thereof to be posted or 
published, and perform all other acts in reference to such 
election, in like manner, as nearly as may be, as he is re- 
quired to perform in reference to the election of officers in 
newly organized cities. But the term of office of trustees 
elected at such election shall terminate as soon as their suc- 
cessors are elected and qualified, at the regular annual elec- 
tion. 

Trustees, eiec- § 8. In each village organized under this act, there shall 
be elected, by the qualified electors therein, six (6) trustees, 
who shall hold their office for one year and until their suc- 
cessors are elected and qualified. The trustees shall choose 
one of their own number president ; and such village shall 
thenceforth be considered, in law and equity, a body corpo- 
rate and politic, by the name and style of " The Tillage of 
....,*" and by such name and style may sue and be sued, 
contract and be contracted with, acquire and hold real aud 
personal property necessary for corporate purposes, adopt a 



tion. 



CITIES AND VILLAGES. 



263 



common seal and alter the same at pleasure, and possess all 
other powers as a corporation in this act conferred upon 
cities not exceeding five thousand inhabitants, except as 
herein otherwise expressly provided. And wherever the 
words " city council " or '' mayor " occur in this act, the 
same shall be held to apply to the trustees and president of 
such village, so far as the same may be applicable. 

§ 9. The president of the board of trustees shall perform Powers and 

,, ° j . j ,i c j i.1. duties of trus- 

the duties and exercise the powers conferred upon the mayor tees. 
of a city not exceeding five thousand inhabitants, and 
shall have the right to vote as a trustee at any meeting of 
the trustees ; but when he shall have so voted shall not have 
the right to give the casting vote; and the trustees shall 
perform the duties and exercise all the powers conferred 
upon aldermen in cities ; and the president and board of 
trustees may exercise the same powers conferred upon the 
mayor and city council of cities of not exceeding five thou- 
sand inhabitants, and pass ordinances in like manner. The 
president of the board of trustees may exercise the same 
veto powers, and with like effect, as the mayor of a city ; 
and the board of trustees may pass ordinances over such 
veto in like manner as as a city council. 

§ 10. The style of ordinances passed in villages shall be sty,e of ordi- 
as follows : u Be it ordained by the President and Board of ni 
Trustees of the Tillage of .,..," (as the case may be). 

§ 11. The president and board of trustees may appoint ot o^°rg tment 
a clerk pro tempore, and whenever necessary to fill vacan- 
cies ; and may also appoint a treasurer, one or more street 
commissioners, a village constable, and such other officers 
as may be necessary to carry into effect the powers confer- 
red upon villages, to prescribe their duties and fees, and re- 
quire such officers to execute bonds, as may be prescribed 
by ordinance. 

§ 12. The village constable shall have the same powers constable, 
to make arrests, execute process, and perform other official 
acts as other constables under the general laws of the state, 
together with such other powers as may be conferred on 
him by ordinance. 

§13. An annual election for trustees and a clerk of Annual election 
villages shall be held on the third Tuesday of April in each 
year, and special elections may be held under such regula- 
tions as may be provided by ordinance to fill vacancies and 
for other purposes. 

§ 14. Suits and prosecutions for the violations of any suits and pro- 
village ordinance may be prosecuted in the names of " The eecutl0ns - 
Village of ... . ," and justices of the peace and police magis- 
trates shall have jurisdiction over such suits; and all fines 
and moneys so collected shall be paid into the village trea- 
sury. 

§ 15. There may be a police magistrate elected at a reg- Poli ce magis- 
ular annual election in each village, who shall give bonds, 



264: CITIES AND VILLAGES. 



qualify, and have the same jurisdiction as other justices of 
the peace, and hold his office for four years, and until his 
successor is elected and qualified. 

§ 16. After the taking effect of this act, no town or city 
shall become incorporated under any other general law then 
in force for the incorporation of towns or cities. 

Approved April 10, 1872. 



In force July 1, AN ACT to provide for annexing and excluding territory to and from cities, 
1872 • towns and villages, and to unite cities, towns and villages. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That on 

Petition. petition, in writing, signed by not less than three-fourths of 

the legal voters, and by the owners of not less than three- 
fourths (in value) of the property in any territory contiguous 
to any city or incorporated village or town, and not embraced 
within its limits, the city council or board of trustees of 
said city, village or town (as the case may be) may, by or- 
dinance, annex such territory to such city, village or town, 
upon filing a copy of such ordinance, with an accurate map 
of the territory annexed (duly certified by the mayor of the 
city or president of the board of trustees of the village or 
town), in the office of the recorder of deeds in the county 
where the annexed territory is situated, and having the 
same recorded therein : Provided, than no portion, less than 
the whole of an incorporated city, town or village, shall be 
annexed to another incorporated city, town or village, except 
in the mode provided in this act for the annexation of the 
whole of an incorporated city, town or village, to another 
city, town or village. 
Annexation of § 2. Any incoporated city, village or town may be an- 

oities and towns nexe( j to ail0 ther incorporated city, village or town, by or- 
dinance passed by a two-thirds vote of all the aldermen or 
trustees elect of each corporation desiring annexation: Pro- 
vided, such annexation shall not affect or impair any rights or 
liabilities either in favor of or against such corporations ; 
and suits founded upon such rights and liabilities, may be 
commenced, and pending suits may be prosecuted and car- 
ried to final judgments and execution, the same as if such 
annexation had not taken place. In making such annex- 
ation, the corporations so uniting may, by ordinance, fix the 
terms of the annexation, which shall have the force and 
submitted to effect of a binding contract : Provided, however, that no 

voters. such ordinance shall be of any binding force or effect until 

submitted to a vote of the legal voters of such city, town 
village, at a general election thereof, and adopted by a ma- 



CITIES AND VILLAGES. 265 



jority of all the voters voting thereon at such election, 
notice of which shall be given at the same time and in the 
same manner as required for the election of the officers of 
such city, town or village : And, provided, also, that the 
vote shall be by ballot, which shall be "for union ordi- 
nance," or "against union ordinance," and shall be received, 
canvassed and returned the same as ballots for municipal 
officers of such city, town or village. 

8 3. When anv incoroorated city, village or town shall Annexation of 

, e , \ . * :, ", i ,, contiguous ter- 

desire to annex any contiguous territory thereto, and the ritory. 
same shall not have been petitioned for as provided in sec- 
tion one of this article, it shall be lawful for the city council 
or b>ard of trustees of such city, village or town, by a two- 
thirds vute of all the aldermen or trustees elect, by ordi- 
nance or resolution, to authorize the mayor of such city, or 
the president of the board of trustees of such village or 
town, to petition the circuit court of the county in which 
the territory desire^ to be annexed or a major part thereof 
is situated, praying such annexation to be made. The 
petition shall contain a copy of such ordinance or resolu- 
tion, and an accurate map of the territory which it is de- 
sired to annex, showing all such subdivisions that shall have 
been made therein. Such petition shall be filed with the 
clerk of the court at least ten days before the first day of 
the term at which it is proposed to be heard : Provided, 
that nothing in this connection contained shall authorize 
saiu petition to be filed unless the territory so sought to be 
annexed (except territory intervening between a city and 
town, or two or more cities or towns desiring to become 
united under this act,) shall contain an actual resident pop- 
ulation of at least one hundred and fifty inhabitants to each 
section or fractional part of a tection, so sought to be an- 
nexed — which said fact shall be alleged in said petition and 
proved on the hearing thereof, the same as any other alle- 
gation in said petition. 

§ 4. When it shall be determined to present such peti- Notice of filing 
tion, the mayor or president of the board of trustees (as the ° peiton ' 
case may be) shall cause notice of the time and place where 
and when the petition will be or has been filed, and at what 
term of court the hearing thereof will be had, and setting 
forth the boundaries or a general description of the terri- 
tory proposed to be annexed — to be given by publication at 
least once in each week, for two successive weeks, in some 
newspaper published in the county where the petition is 
filed or to be filed (or, if no newspaper is published in such 
county, then in the nearest newspaper published in this 
state), and by posting up notices at least fourteen days be- 
iore such time of hearing, in at least three of the most pub- 
lic places in the territory proposed to be annexed, aud a 
like number in the city, village or town to which it is de- 
sired to annex such territory. 
—27 



266 CITIES AND TILLAGES. 



Objections to § 5. The legal voters resident upon the territory thus 
annexation, proposed to be annexed, or any of them, or any owner of 
land therein, or any voter of such city, village or town, may 
appear at such hearing, and show cause why such annexa- 
tion should not be made; and the court, or a jury impan- 
neled for that purpose (no member of the jury so impanneled 
shall be a resident of the corporation or territory to be an- 
nexed, nor of the town or towns in which said corporation 
or territory may be situated), shall hear all competent evi- 
dence that may be oifered by either party; and the court 
may continue the hearing from time to time, for any cause, 
and make all proper orders in regard to the hearing, giving 
of notices and other disposition of the case. 
Finding of the §6, If, upon the hearing, the court or the jury shall 
court or jury. £ n( ^ j.jj a j. &nc \ 1 territory ought to be annexed to such city ? 
village or town, and can be so done without injustice to the 
inhabitants or persons interested, the court shall so order. 
If the court or jury shall find against the petitioners, the 
petition shall be dismissed at the cost of the petitioners ; 
and no subsequent petition shall be presented for the an- 
nexation of any of the territory embraced in such petition, 
within one year from the time of entering such order: 
Provided, that new trials may be granted as in other jury 
cases. 
contiguous § 7. When not less than a majority in number of the 

tracts of land, ii, . -i .• j. . j. r> 

legal voters ur the owner or owners of any tract or tracts of 
land, contiguous to any incorporated citj 7 , village or town 
shall, by petition, in writing, signed by them, and filed in 
the circuit court of the county where such territory or a 
major part thereof is situated, pray to be annexed to such 
city, village or town, the like proceedings may be had 
thereon, and with the like effect, as in case of a petition by 
a city, village or town : Provided, a copy of the notice re- 
quired to be given shall be left with the mayor of such city, 
or president of such village or town, at least ten days before 
such petition is heard. 
Petition for § 8. Whenever a majority of the legal voters of any 
isconuertion. territory within any city, town or village, and being upon 
the border and within the boundary thereof, shall petition 
the circuit court of the county in which such city, town or 
village is situated, praying to be disconnected therefrom, 
such petition shall be filed with the clerk of the court at 
least ten days before the first day of the term at which it is 
proposed to be heard, and like proceedings shall be had as 
is required by sections four, five and six of the act for the 
annexation of territory to such city, town or village : Pro- 
vided, that the provisions of this section shall only apply to 
lands not laid out into city or town lots or blocks. 
Mapaniordi- § 9. When any territory is annexed to any city, village 
and^recorded. 6 or town, as provided in this act, it shall be the duty of the 
mayor of the city, or the president of the board of trustees 



CITIES AND VILLAGES. 



of the village or town (as the case may be), to cause an ac- 
curate map of such added territory, together with the ordi- 
nance for the annexation, certified by such mayor, and if a 
decree or order of the court has been made therefor, a copy 
of the same, to be filed for record and recorded in the re- 
corder's office for the county in which such added territory ■ 
is situated. If territory is disconnected or excluded from 
any city, village or town, a copy of the ordinance or decree 
therefor shall be so filed for record and recorded. 

§ 10. All school districts, and other corporations incor- school districts, 
porated for school purposes, under special acts of the legis- 
lature, desiring to annex or disannex territory, may proceed 
under the provisions of this act. 

§11. • All courts in this state shall take judicial notice Courts. 
of cities, towns and villages, and of the changes of their 
territory, made under the provisions of this act. 

Approved April 10, iSJz. 



AN ACT to enable any city, town or village in this state to change its name. i n force Jnly 1 

1872. 

Section 1. Be it enacted by the Feople of the State of 
Illinois, represented in the General Assembly, That when- Petition for 
ever a petition, signed by the qualified electors of any city, chaDge of name 
incorporated town or incorporated village of this state, equal 
in number to one-half of those who voted for the officers 
therein at the last election, shall be presented to the cor- 
porate authorities of such city, town or village, praying that 
the name of such city, town or village may be changed, it 
shall be lawful for such corporate authorities to make such 
change in the manner hereinafter prescribed. 

§ '1. Previous to the presentation of the petition in the Na me6 to be 
preceding section mentioned, the name proposed to be given S led f in e t r e of " 
to such city, town or village, shall be filed in the office of oi sta.e. 
the secretary of state, to be there retained for the period of 
at least sixty days, and upon application, the secretary of 
Btate shall, at any time after the filing of such name, grant 
a certificate, stating that such name has not been given to 
any other city, incorporated town, or incorporatea village, 
or municipality in this state, it such be the fact ; but if such 
name has been adopted by any other city, town, village or 
municipality, as appears from information in his office, the 
secretary of state shall so notify the party or parties making 
such application, in which case another name shall be filed 
in his office, which name shall likewise remain for the like 
period of sixty aajs ; and no petition shall be acted upon 
by said corporate authorities unless accompanied by the 



268 CITIES AND VILLAGES. 



certificate of the secretary of state, setting forth that such 
name has not been adopted elsewhere in this state. 
Duties of sec- § 3. The secretary of state shall, as soon as practicable 

retary of state. a f ter tne passage of this act, communicate with the clerks of 
the several counties of this state, and ascertain the names 
of all the cities, towns, villages or other municipal corpo- 
rations therein, and arrange such names in alphabetical 
order for convenient reference. Such list of names shall be 
kept filed in his office, and shall be changed whenever a 
change of name shall be effected under the provisions of 
this act. 
Duties of cor- § 4. At any meeting of the corporate authorities of any 

porate authon- c j t ^ incorporated town or incorporated village, after the 
presentation of the petition herein provided, such corporate 
authorities shall fix the time when such petition shall be 
considered, and order notice of the presentation thereof to 
be given, by publishing such notice for three successive 
weeks in some newspaper having a general circulation in 
such city, town or village. Such notice shall state that a 
change of the name of such city, town or village has been 
prayed for, and the time when action on said petition will 
be ua,d, at which time remonstrances, if any, will be heard. 
Petitions aid §5. At the time fixed in the notice provided for in the 

tobe D heard? es preceding section, or if, from any cause, action thereon is 
not taken, such petition praying for a change of name, 
shall be, with all remonstrances, heard at any subsequent 
meeting of the corporate authorities of any such city, town 
or village ; and if said corporate authorities are satisfied 
that such change of name is necessary and proper, they shall 
thereupon make an order changing the name of such city, 
town or village, and adopting the name prayed for in such 
petition, 
copy of order § 6. If said change of name is made, said corporate au- 

tei^oTstateT 6 " thorities shall cause a copy of the order making such change 
to be filed in the office of the secretary of state, who shull 
thereupon make known the fact of such change, by publi- 
cation in some newspaper of the county in which such city, 
town or village is situated, and also in some newspaper in 
the city of Chicago ; aud all the courts of this state shall 
take judicial notice of the change thus made. 

Prior rights. § 7. .Nothing in this act contained shall affect the rights 

or privileges of such city, town or village, or those of any 
person, as the same existed before such change of name ; 
and all proceedings pending in any court or place in favor 
of or against said city, town or village, may be continued 
to final consummation under the name in which the same 
was commenced. 

Ooaugevoid. § 8. If the name of any such city, town or village shall 
be changed contrary to, or without complying with the pro- 
visions of this act, such change shall be void ; and all pro- 



CITIES AND VILLAGES. 



269 



ceedirgs instituted or acts done in such name as changed, 
shall be void and held for naught in the courts of this state. 

§ 9. When the plat of any unincorporated town or vil- JTcmranot in- 
lage shall be placed upon record in any county of this state, 
the circuit court of said county shall have power, at any 
regular term of said court, to change the name of such un- 
incorporated town or village, upon the petition of a majority 
of the legal voters residing within the limits of such town 
or village : Provided, notice of the proposed change of name 
shall be filed in the office of the secretary of state, as pro- 
vided in section two of this act. 

Approved March 7, 1872. 



AN" ACT concerning the appointment and removal of city officers in all cities In force July 1, 
in this state, conferring additional powers and duties upon the mayors of such * 8T2, 

cities, and concerning appropriation bills or ordinances that may be passed in 
such cities. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That in Mayor to ap- 
all cities in this state, all city officers (whose election by the move. m **' 
qualified voters thereof is not provided fur by law,) and 
also all members of boards organized under the charter (or 
amendments thereto) of any such city, except those appointed 
by the governor of the state, shall be appointed by the 
mayor ot the city, by and with the consent of the legisla- 
tive authority thereof, a majority of all the members elect 
concurring by yeas and nays to be entered upon its journal. 
Any such city officer or member of any such board may be 
removed by the mayor of any such city, whenever, in his 
opinion, the interests of the city may require such remo- 
val ; but he shall report, in writing, his reasons for such re- 
moval to the said legislative authority at its next regular 
meeting. In case of a removal from or a vacancy in any 
such office or board, a successor may be appointed by the 
mayor, with the like consent of the legislative authority of 
any such city, 

§ 2. The mayor of any such city shall have power at spJcTbooksand 
any and all times to examine and inspect the records, books records. 
and papers of any board, officer, agent or servant of the 
city, and to require from him or them a detailed statement, 
in writing, of any transactions of such board, officer, agent 
or servant. It shall be the duty of any such mayor, when 
requested by resolution, to furnish to the legislative author- 
ity of any such city, or either branch thereof, any informa- 
tion in his possession or control, concerning any matter or 
transaction connected with the administration of the city 
government. The mayor of every such city shall be held 



210 CITIES AND VILLAGES. 



responsible for the good order and government of the city ; 
he shall have and exercise within the city limits the pow- 
ers conferred by law upon sheriffs of counties to suppress 
disorder and keep the peace, and in the exercise of such 
powers, he may direct and control the officers and members 
of the police and tire departments of the city. 

Mayor may § 3. That whenever by law the legislative authority of 
of ordtoancef 1 * an J 8Ucn C ^J * 8 required to provide for municipal expendi- 
tures by the passage of an annual appropriation bill (or or- 
dinance), it shall and may be lawful for the mayor thereof, 
when any such bill or ordinance is submitted to him for ap- 
proval or disapproval, to veto any one or more items or ap- 
propriations contained in such bill or ordinance, or to veto 
or approve the entire bill or ordinance. If he shall veto 
only a part of such bill or ordinance, and approve the re- 
mainder, the part approved shall be as valid as if the whole 
ordinance had been approved ; and he shall report to such 
legislative authority his reasons for vetoing the part of the 
ordinance vetoed, and the same proceedings shall be had 
as to the items or parts vetoed, as is by law provided to be 
had when there is a veto of the bill or ordinance as a whole. 

Mayortopre- § 4. Mayors shall be, ex-officio, presidents of the com- 
mon councils or boards of aldermen of all cities in this 
state, and shall preside, when present, at all the meetings, 
and appoint the standing committees. 

§ 5. This act shall only remain in force for the term of 
two years, from and after its passage. 
Approved March 9, 1872. 



In force Jan. 18, AN ACT to prevent the unjust collection, by incorporated cities aud towns, of 
18 T2 taxes levied upon property destroyed by fire, and to authorize the common 

council of such cities, or board of trustees of such towns, to change or 
amend appropriation bills, to pass new appropriation bills, to reduce taxes 
and special assessments in certain cases, and to discontinue special improve- 
ments. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That when- 
Prcperty de- ever, in any incorporated city or town in this state, any pro- 
stroyed, taxes. ^ ert y ijgted or assessed for municipal taxation, shall have 
been or shall hereafter be destroyed by fire, in whole or in 
part, before the levy of the municipal taxes of such city 
thereon, or before the municipal taxes levied thereon shall 
have been collected, it shall and may be lawful for the 
mayor of such city or town — if there be no mayor, then 
the president of the board of trustees, the city comptroller, 
if there should be one ; and if not, then the city clerk or 
town clerk, and the tax commissioner, if there should be 



CITIES AND VILLAGES. 271 



one ; if not, then the chairman of the finance committee of 
the city council, or board of trustees — to rebate or remit so 
much of such tax or taxes, so levied upon such property, as 
in their opinion should be rebated or remitted by reason of 
such property haviDg been, in whole or in part, destroyed, 
by fire. 

8 2. That whenever, in any incorporated city or town special im- 
in this state, any large portion of the taxable property ot 
such city shall have been or shall hereafter be destroyed by 
fire, so as to seriously impair or affect the ability of the pro- 
perty owners of such city or town to pay taxes or special 
assessments thereon, and an appropriation bill has been 
made or passed, or special improvements ordered before 
such fire, and the tax or assessment for the payment or 
raising of the same has not been levied or collected, it may 
be lawful for the city council or board of trustees of any 
such town to alter, revise, change, reduce, or vacate, or re- 
peal such appropriation bill, or any part of the same, and 
to order the discontinuance of said special improvements, 
or any of the same, or to reduce the amount of taxes or 
special assessments ordered to be levied, or assessed, or col- 
lected for any general or special purpose, and to pass a new 
appropriation bill ; which new appropriation bill shall have 
the same force and effect as if the same had been passed 
within the time prescribed by the charter of any such city 
or such corporate town. 

§ 3. Whereas a large amount of property listed for tax- Emergency, 
ation in the city of Chicago, and in other cities and towns 
of this state, has been destroyed by fire before the taxes 
thereon have been paid, which taxes it would be unjust to 
collect, it is declared that an emergency exists that this law 
go into force immediately, and therefore it is enacted that 
this law shall be in force from and after its passage. 

Approved January 18, 1872. 



AN ACT to enable cities and villages to contract for a supply of water for i n f orce j u ] y 
public use, and to levy and collect a tax to pay for water so supplied. 18T2. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That in all 
cities and villages where water works may hereafter be con- 
structed by an incorporated company, the city or village 
authorities in such cities and villages may contract with such 
incorporated company for a supply of water for public use, 
for a period not exceeding thirty years. 



272 CITIES AND VILLAGES. 



§ 2. Any such city or village, so contracting, may ]evj 
and collect a tax on all taxable property within such city or 
village, to pay for the water so supplied. 

Approved April 9, 1872. 



In force July 1, AN ACT to repeal an act entitled "An act to remove certain out-lots therein 
1872. mentioned, from within the jurisdiction of the town (now city) of Chester, in 

Kandolph county, and to vacate parts of certain alleys therein mentioned. 

Section 1. Be it enacted by the People of the St He of 
Illinois, represented in the General Assembly, That the 
"Act to remove certain out-lot6 therein mentioned from 
within the jurisdiction of the town (now city) of Chester, 
in Randolph county, and to vacate parts of certain alleys 
therein mentioned," approved April first, A.D. one'thousand 
eight hundred and sixty-nine (1869), be and the same is 
hereby repealed. 

Approved March 8, 1872, 



In force July 1, AN ACT to repeal an act incorporating the city of Nashville, in Washington 
l 872 - county. 

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 incorporate the city of Nashville, in 
Washington county," approved March thirty-one, in the 
year of our Lord one thousand eight hundred and sixty- 
nine, be and the same is hereby repealed. 

Approved January 22, 1872. 



In force July ), AN ACT to authorize the city of Quincy to create the indebtedness referred to 
in the twenty-fourth section of the schedule of the constitution, to provide 
for payment thereof, and validating acts of said oity relating thereto. 

Section 1. Be it enacted by the People of the State 

of Illinois, represented in the General Assembly, That the 

May subscribe city of Quincy may subscribe five hundred thousand dollars 

apiasoc . ^ ^ e ca pit a l stock of the Quincy, Missouri and Pacitic 

Railroad Company, upon such conditions as to the city 

council of said city shall seem best for the interests of said 



CITIES AND VILLAGES. £73 



city, subject however, to the conditions hereinafter con- 
tained, and, issue evidences of indebtedness in payment . Evidences of 
thereof, and raise money to pay the same, for which the 
people of said city voted and to which they, by such vote, 
give their assent prior to the thirteenth day of December, 
in the year of our Lord, one thousand eight hundred and 
sixty-nine : Provided, that no such indebtedness so created 
shall, in any part thereof, be paid by the stafe or from any 
state revenue ; but the same shall be paid by said city of 
Quincy. alone, and by taxes to be levied upon the taxable 
property thereof: And, provided, further, that the evidences 
of such indebtedness to be issued by said city shall be issued 
in conformity with the terms, conditions, requirements and 
provisions of the order or orders of the city council of said 
city submitting the proposition to subscribe to the capital 
stock of said railroad company to a vote of the people of 
said city, except as hereinafter expressly provided ; and the 
records and files of said city of an affirmative vote, therefor 
shall be prima facie evidence of such vote and of such as- 
sent. And any election held in said city prior to said day. 
for the purpose of such vote being taken, and any contract 
or subscription made or to be made by said city to the cap- 
ital stock of said railroad company, in pursuance thereof, 
and any bonds or other evidences of such indebtedness 
issued or to be issued by said city, are hereby declared 
valid. 

§ 2. Upon presentation of any bonds or evidences of Auditor to re- 
indebtedness authorized by the first section of this act for gl8er 
registration, under the provisions of the act of the general 
assembly, entitled "An act relating to county and city debts 
and to provide for the payment thereof by taxation in such 
counties and cities," approved February thirteenth, eighteen 
hundred and sixty-five, to the auditor of public accounts, he 
shall cause the same to be registered under said act. And 
said act shall in all respects apply to such bonds : Provided, interest, 
that said bonds may bear interest at any rate not exceeding 
eight per centum per annum, payable semi-annually. 

§ 3. This act shall take effect and be in force from and 
after July first, eighteen hundred and seventy-one. 

This bill having been vetoed by the governor, was, notwithstanding his ob- 
jections, passed over said veto by a two-thirds vote of each house of the general 
assembly, and deposited in this office by Senator James W. Eddy, chairman of 
the committee on enrolled and engrossed bills, this thirty-first day of March, 
A. D. 1871. 

EDWARD RUMMEL, 

Secretary of State. 



274r 



COMMISSIONERS. 



COMMISSIONERS. 



In force April AN ACT to appoint commissioners to construct the Southern Illinois Insane 
15, 1871. Asylum and the Southern Illinois Normal University, and to make an appro- 

priation therefor. 



Governor 
appoint. 



Powers 
dnties. 



and 



Term of office 
of trustees to 
terminate. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the gov- 
ernor shall nominate and appoint, by and with the advice 
to and consent of the senate, three citizens of the state — two 
of whom shall be practical builders — as commissioners to 
construct the Southern Illinois insane Asylum located at 
Anna, and the Southern Normal University located at Car- 
bondale. 

2. Said commissioners, when appointed, shall succeed 
the commissioners of said insane asylum, who were consti- 
tuted and appointed as such commissioners by virtue of an 
act approved April 16, 1869, and designated u An act to 
locate, erect and carry on an asylum for the insane," and 
shall also succeed the trustees appointed under "An act to 
establish and maintain the Southern Illinois Normal Uni- 
versity," approved March 9fch, 1869; and said commissioners, 
when appointed and confirmed, shall have all the rights, 
powers, duties and privileges, as a board of commissioners 
for the construction of said institution, that the commis- 
sioners and trustees aforesaid, created and appointed by the 
acts before referred to, have under and through said acts, 
and ma}', in their discretion, continue or discharge any in- 
structor heretofore engaged by said trustees of said South- 
ern Illinois Normal University. 

§ 3. Whenever the commissioners appointed by this act 
shall be confirmed by the senate, then the terms of office 
of the present commissioners and trustees of said institu- 
tions now in process of construction shall terminate, any- 
thing in said acts to establish and maintain said institutions 
to the contrary notwithstanding; and such c mmissioners 
and trustees shall immediately turn over and deliver to the 
commissioners appointed by this act, all books and papers, 
accounts or evidences of indebtedness for work, labor and 
material furnished to erect, construct and complete such in- 
stitutions, and also deliver to said commissioners all deeds 
of lands donated or purchased, all bonds, titles, papers, 
notes, accounts, subscription books, all plsns and specifica- 
tions made by architects, and in general, all papers relating 
to such institutions; and the treasurers respectively of said 
present boards of commissioners and trustees are hereby 
required to transfer and deliver to the treasurer of the board 
of commissioners which shall be appointed under this act, 
all moneys, vouchers, orders, books, and everything in 



COMMISSIONERS. 275 



their possession relating to said institutions, upon demand 
of such treasurer appointed to succeed them. 

S 4. The commissioners appointed under this act shall, Organization 

... i • i^ii mi and appoint- 

as SOOn as possible, meet and organize as tollows : luey ments. 

shall first elect one of their number president ; then, as two of 
them are practical builders, one of these shall be appointed 
superintendent of the insane asylum and the other superin- 
tendent of the normal university. The third member of 
this board shall act as secretary and treasurer of the same, 
and shall give bonds payable to the People of the State of 
Illinois, in the sum of one hundred thousand dollars, for 
the faithful performance of the duties of his office, and that 
he will strictly account for moneys received by him as 
treasurer to be paid in the construction of said institutions, 
which bond shall be approved by the governor. Said 
commissioners, before entering upon the discharge of their 
duties, shall each take and subscribe an oath, as required by 
constitution of this state, which shall be filed in the office 
of the secretary of state. 

§ 5. Said commissioners shall hold their offices respec- To hold office 
tively until the said institutions shall have been constructed onns C tnut P ions? n 
and completed, or until they or either of them may have 
been disharged or removed by the governor, who shall have 
the right to make such discharge or removal, and to appoint 
a successor or successors to hold until the meeting of the 
general assembly thereafter. 

§ 6. Said commissioners shall immediately after their ^Proceed to ex- 

.. , ,, j. , ,. ,, ■ . j ,. amine contract 

organization enter upon the discharge of their duties as f 0r construction 
herein prescribed. They shall proceed to examine the con- 
tract for the construction of said Southern Illinois Normal 
University, made with James M. Campbell, for the purpose 
of ascertaining whether the same is now in full force and 
not void, as is claimed by reason of the acts of said trustees, 
in order that they may act understanding^ ; also to exam- 
ine the plans and specifications of said building, that they 
may determine how much extra work has been done by 
said contractor, and how and in what manner, if deemed by 
them advisable, the said plans and specifications may be 
changed and abridged so that the expense of said building 
may be curtailed; and they may continue said contract, and Allowance to 
allow said contractor, out of the funds hereinafter appropri- contractor - 
ated, the amount actually due him for such extra work. 
And the amount that may be saved in construction by said 
modification of the plans and specifications may be accred- 
ited upon the bonds of Jackson county, or they shall make a 
full settlement with James M. Campbell, the contractor for 
the normal university building, as follows : Said contractor contractor to 
shall return to said commissioners .all the assets paid and reumasses - 
delivered to him by the former board of trustees, which re- 
main unexpended in his possession, including one hundred 
thousand dollars in bonds issued by the city of Carbondale; 



276 COMMISSIONERS. 



and he shall be charged with all assets so paid to, and re- 
ceived by him, which he shall fail to so return : Provided, 
that any assets converted and used by him shall be charged 
to him either at the cash value thereof, or the value obtained 
by him therefor, at the option of the commissioners ; and 
he shall be credited with a fair cash value of all materials 
furnished, work and labor done, and expenditures incurred 
value to be as- by him, in and about the erection of said building. Such 

certamed. value shall be estimated and ascertained by three disinter- 
ested persons who are competent judges of said values, who 
shall be selected by said commissioners and said contractor, 
and who shall be sworn on request of either party before 
entering on such appraisement. And when said value shall 
be ascertained the balance shall be struck between said 
charges and credits; and such balance shall be paid on de- 
mand, in cash, by the party against whom it shall be found, 
to the party in whose favor it shall be found. The commis- 
sioners shall deposit the said bonds of the city of Carbon- 
dale with the governor, to be held or disposed of by him as 
in his judgment the interests of the state and of said normal 
university may require. On the return of the assets as 
aforesaid, and the completion of said settlement, said com- 
missioners shall take possession of the normal building and 
grounds,-and all materials and other property belonging or 
appertaining thereto, and shall deliver up to the contractor 
his contract and bond for erecting said building; and they 
shall then proceed, under the directions of the governor, 
with the work on said building, and inclosing and improv- 
Finai conoin- ing the grounds belonging thereto : Provided, that before a 

ance. an accep " final conclusion and acceptance by said commissioners and 
contractors, shall have been determined, the propositions 
shall be submitted to the governor for his approval, aud 
that no contract or arrangement for the construction of said 
building shall be entered into or be valid, by or through 
which a greater sum shall be required of the state- to com- 
plete the same than the amount herein appropriated : And, 
provided, further, that nothing herein contained, nor any 
act of said commissioners, shall be construed against the 
state, either as indorsement or assumption of the bonds of, 
or donations to said institution, except by settlement as in- 
dicated. For the purpose of carrying out the propositions 
of this act the sum of fifty thousand dollars is hereby ap- 
propriated, out of any money in the treasury not otherwise 
appropriated, to be drawn and expended as directed in the 
next section of this act. Said commissioners shall also exam- 
ine the plans of said insane asylum with direct reference to 
the economy and general propriety of constructing and 
maintaining the heating apparatus and arrangements, and 
the ventilating process now contemplated, and shall embody 
their conclusions on both these subjects (and others apper- 
taining), in the irreport, which shall be made to this general 



CONTRACTS. 277 



assembly at its adjourned session, and thereafter to the gov- 
ernor one month previous to each meeting of the general 
assembly. 

§7. All payments by said commissioners shall be stip- Payments by 
ulated to be made out of funds as appropriated, and no other. commissloner6 - 
The accounts of expenditures of said commissioners shall 
be certified to by them, or a jnajority of them, and approved 
by the governor. The auditor shall thereupon draw his 
warrant upon the treasurer therefor, in favor of the party 
to whom the accounts shall be due. Accounts in detail 
shall be kept and furnished in their reports, by said com- 
missioners, of all those expenditures and other cash tran- 
sactions had by them in their official capacity. 

§ 8. Said commissioners shall receive as their cornpen- Compensation, 
eation the sum of six dollars ($6) per diem for actual time 
occupied in the discharge of their duties as herein descri- 
bed, to be paid out of the funds of the state, upon account 
of time rendered, certified to by the commissioners or a 
majority of them, and obtained in the manner indicated in 
the foregoing section. 

§ 9. Whereas said institutions are now being constructed, Emergency. 
and it is necessary that the same should be completed as 
soon as possible, and that said commissioners should be ap- 
pointed as soon as practicable, whereby an emergency has 
arisen : therefore this act shall take effect and be in force 
from and after its passage. 

Approved April 15, 1871. 



CONTBACTS. 



AN ACT in regard to contracts under seal, and relating to sales of real estate i n force July l, 
and the enforcement thereof. 1872. 

Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That any scrawl byway 
instrument of writing, to which the maker shall affix a 
scrawl by way of seal, shall be of the same effect and obli- 
gation, to all intents, as if the same were sealed. 

§ 2. When any person who has heretofore entered, or contracts for 
may hereafter enter, into any contract, bond or memoran- 
dum in writing, to make a deed or title to land in this state, 
for a valuable consideration, and shall have died, or become 
lunatic or insane, without having executed and delivered 
said deed, it shall and may be lawful for any county court, 



278 



CONTRACTS. 



Petition. 



having chancery jurisdiction, in the county where the land 
or some part thereof may be, to make an order compelling 
the executors or administrators of such deceased person, or 
conservator of such lunatic or insane person, to execute and 
deliver such deed to the party having such equitable right, 
as aforesaid, to the same, or his heirs, according to the true 
intent and meaning of said contract, bond or memorandum; 
and all such deeds shall be good and valid in law. 

§ 3. It shall not be lawful for any court to make such 
order, except upon the petition, in writing, of the person 
entitled to the benefit of the same, or his heirs, setting forth 
the said contract, bond or memorandum in writing, and 
fully describing the lands to be conveyed, nor until the per- 
son or persons so applying for such title shall have given 
reasonable notice of the time and place of such application 
to the executor, admininistrator and heirs of such person so 
deceased, or conservator of such lunatic or insane person, 
and shall have fully paid, discharged and fulfilled the con- 
sideration of such contract, bond or memorandum in writing, 
as to the premises sought to be convened to the petitioner, 
or the petitioner shall be entitled in equity to a conveyance, 
according to the true intent, tenor and effect thereof. 

§ 4. The executor, administrator or heirs of any de • 
ceased person who shall have made such contract, bond or 
memorandum in writing, in his life time, for the convey- 
ance of land, for a valuable consideration, or the conserva- 
tor of any lunatic or insane person who shall have made 
such contract, bond or memorandum in writing before his 
lunacy or insanity, when such consideration has been paid 
and fulfilled as aforesaid, or a conveyance ought to be made, 
may, upon application in writing, obtain such order, upon 
giving notice to the party to whom such deed is intended 
to be made, and under the same condition as is provided in 
this chapter. 

§ 5. In all cases where any minor heirs shall be inter- 
ested in such proceeding as aforesaid, reasonable notice of 
such application shall be given to the guardian of such 



Executors, ad- 
ministrators 01 
heirs. 



Minor heirs. 



Continuance. 



Record, costs. 



minors; and if there shall be no guardian, then the said 
court shall appoint a guardian to litigate and act in such 
case. 

§ 6. In all cases where application shall be made as 
aforesaid, the court shall have power to continue the same 
from term to term, to obtain such evidence as the nature of 
the case shall require ; and no decree for the conveyance of 
land, upon application as aforesaid, shall be made, unless 
the said courts shall be satisfied that decree can be made 
without injustice to any heir or creditor of the deceased, or 
the estate of such lunatic or insane person, and that the 
same is just and equitable. 

§ 7, A complete record of such petition and proceedings 
thereon shall be made, and the court shall order payment 
of costs as shall appear right and equitable. 



CONTRACTORS 279 



§ 8. Guardians and conservators of habitual drunkards Guardians and 
may sue or be sued under this act, in the same manner and conaervatorB - 
with like effect as in case of idiots or lunatics. 

§ 9. That section fifty -six, of chapter eighty-three, en- Acts repealed, 
titled "Practice," and sections thirty-one, thirty-two, thirty- 
three, thirty -four, thirty -five and thirty -six, of chapter 
twenty-four, of the Revised Statutes of 1845, entitled "Con- 
veyances," are hereby repealed ; but the repeal of said sec- 
tions shall not be construed to affect any suit pending, or 
to impair auy right existing, at the time this act takes effect. 

Approved March 19, lb 72. 



CONTRACTORS. 



AN ACT to protect contractors, sub-contractors and laborers in their claims In force July 1, 
against railroad companies, or corporations, contractors or sub-contractors. 1872. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all per- Materials fur- 
sons who may have furnished, or who shall hereafter fur- mshed - 
nish to any railroad corporation now existing, or hereafter 
to be organized under the laws of this state, any fuel, ties, 
material, supplies, or any other article or thing necessary 
for the construction, maintenance, operation or repair of 
such roads, by contract with said corporation, or who shall 
have done and performed, or shall hereafter do and perform 
any work or labor for such construction, maintenance, 
operation or repair by like contract, shall be entitled to be 
paid for the same as part of the current expenses of said 
road; and iu order to secure the same, shall have a lien L-en. 
upon all the property, real, personal and mixed, of said rail- 
road corporation as against such railroad, and as against all 
mortgages or other liens which shall accrue after the com- 
mencement of the delivery of said articles, or the commence- 
ment of said work or labor: Provided, suit shall be com- 
menced within six months alter such contractor or laborer 
shall have completed his contract with said railroad corpo- 
ration, or alter such labor shall have been performed or ma- 
terial furnished. 

§ 1. Every person who shall hereafter, as sub-contrac- sub-ccntract- 
tor, material man, or laborer, lurnish to any contractor with orsandlab " rers - 
any such railroad corporation any fuel, ties, materials, sup- 
plies, or any other article or thing, or who shall do and per- 
form any work or labor for such contractor in conformity 
with the terms of any contract, express or implied, which 



280 



CONTRACTORS. 



such contractor may have made with any such railroad cor- 
poration, shall have a lien upon all the property, real, per- 
sonal and mixed, of said railroad corporation : Provided, 
such sub-contractor, material man or laborer shall have com- 
plied with the provisions of this act. But the aggregate of 
all liens hereby authorized shall not, in any case, exceed 
the price agreed upon in the original contract to be paid by 
such corporation to the original contractor : And, provided, 
farther, that no such lien shall take priority over any exist- 
ing lien. 

§ 3. The person performing such labor, or furnishing 
' such material, shall cause a notice, in writing, to be served 
on the president or secretary of such railroad corporation, 
substantially as follows, viz : 



Notice to pree 
ident or secre 
tary. 



Notice to 
filed. 



be 



When suit may 
be commenced. 



To , president, (or secretary, as the case may be) of the : 

You are hereby notified that I am (or have been) employed by as a 

laborer (or have furnished supplies, as the case may be) on or for the , 

and that I shall hold all the property of said railroad (or railway, as the case 
may be) company to secure my pay. 

If there shall be a contract in writing between the origi- 
nal contractor and sub-contractor, material man or laborer, 
a copy of such contract, if the same can be obtained, shall 
be served with such notice and attached thereto, which no- 
tice shall be served at any time before or within twenty 
days after the completion of such sub-contract, or such labor: 
Provided, that no lien shall attach in favor of any person 
performing such labor or furnishing material until such no- 
tice shall have been served as above, or filed for record as 
hereinafter provided. 

§ 4. If neither the president or the secretary of such 
railroad corporation shall reside or can be found in the 
county in which the sub contract was made, or labor per- 
formed, the laborer, or person furnishing labor or material, 
shall file said notice in the office of the clerk of the circuit 
court ; and the clerk of the circuit court shall file and keep 
a record of said notice, and cause a copy of the same to be 
mailed to the president or secretary of said company, for 
which he shall receive the sum of twenty -five cents, and 
said clerk shall keep a list of the names of the persons so 
claiming lien, and the names of the corporations against 
which such liens are claimed. 

§ 5. If the money due the person having given notice 
as aforesaid, shall not be paid within ten days after the 
money shall become due and payable, then such person 
may commence suit therefor, in any court having jurisdic- 
tion of the amount claimed to be due, against the corpora- 
tion with which the original contract was made; or he may 
commence suit, as aforesaid, against such railroad, corpora- 
tion and original contractor jointly, and execution to issue 
as in other cases. If execution, issued on judgment ob- 
tained before a justice of the peace, shall be returned not 



CONTRACTORS. 



281 



satisfied, a transcript of such judgment may be taken to the 
circuit court, and spread upon the records thereof, and shall 
have all the force and effect of judgments obtained in the 
circuit court, and execution issued thereon as in other cases. 

§ 6. "Whenever any suit, so brought, shall be determined Attorney's fees, 
in favor of the plaintiff, the court shall allow, if before a 
justice, five dollars, if in a court of record, twenty dollars, 
attorney's fees to be taxed as costs. 

§ 7. Should the original contractor in any case fail to Failure to com- 
complete his contract, any person entitled to a lien, as afore- plete contract - 
said, may file his petition in any court of record, in any 
county through which the road may be constructed, against 
the railroad corporation and the contractors, setting forth the 
nature of his claim, and the amount due as near as may be, 
[and] the fact that the contractor has failed to complete his 
contract. The clerk of said court shall thereupon cause a 
notice to be published for four successive weeks in a news- 
paper printed in the county, setting forth that said petition 
has been filed, and the time when the writ issued on the 
same shall have been made returnable, and all persons en- 
titled to liens under this act may enter their appearance and 
interplead in said cause, and have their claims adjudicated ; 
and it shall be the duty of the court, in case the petitioner 
or claimants, or either of them, establish their claims, to 
enter a decree against the said corporation and original 
contractor, for the amount to which the persons so estab- 
lishing their claims are respectively entitled, and such de- 
crees shall have the same force and effect as decrees in other 
cases. 

§ 8. The lien herebv created shall continue for three Li <l n to cont t ^- 

i n i.'v.i n f-ii ue three months 

months from the time of the performance of the sub-con- 
tract, or doing of the work or furnishing the material as 
aforesaid, except when suit shall be commenced by petition 
as aforesaid, and in such cases all liens shall be barred by 
decree entered in such cause. 

§ 9. That an act entitled " An act in relation to the lien Repealed, 
of operatives and others on the property of railroad corpo- 
rations within this state," approved February 22d, 1861, is 
hereby repealed ; saving, however, all rights and causes of 
action existing under said statute hereby repealed. 

Approved April 3, 1872. 



—28 



282 



OONVETANGES. 



CONVEYANCES. 



In force July 1, AN ACT concerning conveyances. 

1872. 

Section 1 . Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That livery 

Livery of seizin, of seizin shall in no case be necessary for the conveyance 
of real property ; but every deed, mortgage or other con- 
veyance in writing, not procured by duress, and signed and 
sealed by the party making the same, the maker or makers 
being of fail age, sound mind, and dis-covert, shall be suf- 
ficient, without livery of seizin, for the giving, granting, 
selling, mortgaging, leasing or otherwise conveying or 
transferring any lands, tenements or hereditaments in this 
state; so as, to all intents and purposes, absolutely and fully 
to vest in every donee, grantee, bargainee, mortgagee, 
lessee or purchaser, all such estate or estates as shall be 
specified in any such deed, mortgage, lease or other convey- 
ance. Nothing herein contained shall be so construed as 
to divest or defeat the older or better estate or right of any 
person or persons, not party to any such deed, mortgage, 
lease, or other conveyance. 
Deeds, etc., to § 2. Every estate, feoffment, gift, grant, deed, mort- 

feotiML f " gage, lease, release, or confirmation of lands, tenements, 
rents, services or hereditaments made or had, or hereafter 
to be made or had, by any person or persons, being of full 
age, sound mind, dis-covert, and not procured by duress, to 
any person or persons, and all recoveries, judgments and 
executions had or made, or to be had or made, shall be good 
and effectual to him, her or them to whom it is or shall be 
so made, had or given, and to all others, to his, her or their 
use, against the judgment debtor, sellor, feoffor, donor, 
grantor, mortgagor, lessor, releasor, or confirmor, and 
against his, her or their heirs, claiming th.6 same only as 
heir or heirs, and every of them, and against all others 
having or claiming any title or interest in the same, only 
to the use of the same judgment debtor, sellor, feoffor, 
donor, grantor, mortgagor, lessor, releasor or confirmor, or 
his, her or their said heirs, at the time of the judgment, 
execution, bargain, sale, mortgage, covenant, lease, release, 
gift or grant made. 
Lands, etc., § 3. Where any person or persons 6tand or be seized, 
or at any time hereafter shall stand or be seized of and in 
any messuages, lands, tenements, rente, services, reversions, 
remainders, or other hereditaments, to the use, confidence 
or trust of any other person or persons, or of any body 
politic, by reason of any bargain, sale, feoffment, fine, re- 
covery, covenant, contract, agreement, will or otherwise, 



held in trust. 



CONVEYANCES. 283 



by any manner of means whatsoever, in every such case ^11 
and every such person or persons, and bodies politic, that 
have or hereafter shall have any such use, confidence or 
trust, in fee simple, for term of life or for years or other- 
wise, or any use, confidence or trust in remainder or rever- 
sion, shall from thenceforth stand and be seized, deemed 
and adjudged in lawful seizin, estate and possession of and 
in the same messuages, landg, tenements, rents, services, 
reversions, remainders and hereditaments, with their ap- 
purtenances, to all intents, constructions and purposes in 
law of and in such like estates, as they had or shall have 
in use, confidence or trust of or in the same ; and that the 
estate, right, title and possession that was or shall be in 
such person or persons that were or hereafter shall be seized 
of any lands, tenements or hereditaments, to the use, con- 
fidence or trust of any such person or persons, or of any 
body politic, be from henceforth clearly deemed and ad- 
judged to be in him, her or them that ha've or hereafter 
shall have such use, confidence or trust, after such quality, 
manner, form and condition as they had before, in or to the 
use, confidence or trust that was or shall be in them. 

§ *. Any person claiming right or title to lands, tene- claimants not 
ments or hereditaments, although he, she or they may be m P° S8es8,on - 
out of possession, and- notwithstanding there may be an 
adverse possession thereof, may sell, convey and transfer 
his or her interest in and to the same, in as full and com- 
plete a manner as if he or she were in the actual possession 
of the lands and premises intended to be conveyed ; and 
the grantee or grantees shall have the same right of action 
for the recovery thereof, and shall in all respects derive the 
same benefit and advantage therefrom, as if the grantor or 
grantors had been in the actual possession at the time of 
executing the conveyance. 

§ 5. JSfo estate in joint tenancy, in any lands, tenements Esiateinjoint 
[orj hereditaments, shall be held or claimed under any teaancy - 
grant, devise or conveyance whatsoever, heretofore or here- 
after made, other than to executors and trustees, unless the 
premises therein mentioned shall expressly be thereby de- 
clared to pass, not in tenancy in common, but in joint 
tenancy ; and every such estate, other than to executors 
and trustees, (unless otherwise expressly declared as afore- 
said) shall be deemed to be in tenancy in common. 

§ 6. In cases where, by the common law, any person or Fee taiI - 
persons might hereafter become seized, in fee tail, of any 
lands, tenements or hereditaments, by virtue of any devise, 
gift, grant or other conveyance, hereafter to be made, or 
by any other means whatsoever, such person or persons, 
instead of being or becoming seized thereof in fee tail, shall 
be deemed and adjudged to be, and become seized thereof, 
for his or her natural lite only, and the remainder shall pass 
in fee simple absolute, to the person or persons to whom 



284: CONVEYANCES. 



the estate tail would, on the death of the first grantee, de- 
visee or donee in tail, first pass, according to the course of 
the common law, by virtue of such devise, gift, grant or 
conveyance. 
Fee simple ab- § 7. If any person shall sell and convey to another, by 

solute. deed or conveyance, purporting to convey an estate in fee 

simple absolute, in any tract of land or real estate, lying 
and being in this state, not then being possessed of the legal 
estate or interest therein at the time of the sale and con- 
veyance, but after such sale and conveyance the vendor 
shall become possessed of and confirmed in the legal estate 
to the land or real estate so sold and conveyed, it shall be 
taken and held to be in trust and for the use of the grantee 
or vendee ; and the conveyance aforesaid shall be held and 
taken, and shall be as valid as if the grantor or vendor had 
the legal estate or interest, at the time of said sale or con- 
veyance. 
Estate of in- § 8. All deeds, whereby any estate of inheritance, in 

8hnpfe nce mfee lee simple, shall hereafter be limited to the grantee and his 
heirs, or other legal representatives, the words "grant," 
"bargain" and "sell," respectively, shall be adjudged an 
express covenant to the grantee, his heirs and other legal 
representatives, to-wit : That the grantor was seized of an 
indefeasible estate in fee simple, free from incumbrances 
done or suffered from the grantor, except the rents and ser- 
vices that may be reserved, as also for quiet enjoyment 
against the grantor, his heirs and assigns, unless limited by 
express words contained in such deed; and the grantee, 
his heirs, executors, administrators and assigns, may in any 
action assign breaches, as if such covenants were expressly 
inserted : Provided, always, that this law 6hall not extend 
to leases at rack-rent, or leases not exceeding one-and- 
twenty years, where the actual possession goes with the lease. 
§ 9. Deeds for the conveyance of land may be, sub- 
Deeds for cou- stantially, in the following form : 

The grantor [here insert name or names and place of residence], for and in 
consideration of [here insert consideration] in hand paid, conveys and war- 
rants to [here insert the grantee's name or names] the following described real 
estate [here insert description], situated in the county of . . ., in the state of 
Illinois. 

Dated this .... day of . . . ., A. D. 18 . . 

A. B. [l. s.] 

Every deed in substance iu the above form, when other- 
wise duly executed, shall be deemed and held a conveyance 
in fee simple, to the grantee, his heirs or assigns, with 
covenants on the part of the grantor, (1) that at the time 
of the making and delivery of such deed he was lawfully 
seized of an indefeasible estate in fee simple, in and to the 
premises therein described, and had good right and full 
power to convey the same : (2) that the same were then 
free from all incumbrances ; and (3) that he warrants to 
the grantee, his heirs and assigns, the quiet and peaceable 



CONVEYANCES. 28( 



possession of such premises, and will defend the title thereto 
against all persons who may lawfully claim the same. And 
such covenants shall be obligatory upon any grantor, his 
heirs and personal representatives, as fully and with like 
effect as if written at length in such deed. 

§ 10. Quit claim deeds may be, in substance, in the fol- Qmt-ciaim 
lowing form : 

The grantor [here insert grantor's name or names and place of residence], 
for the consideration of [here insert consideration], conyey and quit claim to 
[here insert grantee's name or names] all interest in the following described 
real estate [here insert description], situated in the county of. . . ., in the state 
of Illinois. 

Dated this day of , A. D. 18 . . 

A. B. [l. s.] " 

Every deed in substance in the form prescribed in this 
section, when otherwise duly executed, shall be deemed and 
held a good and sufficient conveyance, release and quit claim 
to the grantee, his heirs and assigns, in fee of all the then 
existing legal or equitable rights of the grantor, in the prem- 
ises therein described, but shall not extend to after-acquired 
title unless words are added expressing such intention. 

§ 11. Mortgages of lands may be in the following form, Mortgages of 
substantially : lands " 

The mortgagor [here insert name or names], mortgages and warrants to 
[here insert name or names of mortgagee or mortgagees], to secure the pay- 
ment of [here recite the nature and amount of indebtedness, showing when 
due and the rate of interest, and whether secured by note or otherwise], the 
following decribed real estate [here insert description thereof], situated in the 
county of . . . ., in the state of Illinois. 

Dated this .... day of . . . ., A. D. 18. . 

A. B. [l. s.] 

Every such mortgage, when otherwise properly executed, 
shall be deemed and held a good and sufficient mortgage 
in fee to secure the payment of the moneys therein specfied ; 
and if the same contains the words " and warrants," the 
same shall be construed the same as if full covenants of 
seizin, good right to convey against incumbrances, of quiet 
enjoyment and general warranty, as expressed in section 
nine (9) of this act, were fully written therein ; but if the 
words " and warrants" are omitted, no such covenants shall 
be implied. When the grantor or grantors in any such deed 
or mortgage for the conveyance of any real estate desiresto 
release or waive his, her or their homestead rights therein, 
they or either of them may release or waive the same by 
inserting in the form of deed or mortgage (as the case may 
be), provided in sections nine, ten and eleven, after the 
words "state of Illinois," in substance the following words, 
"hereby releasing and waiving all rights under and by 
virtue of the homestead exemption laws of this state." 

§ 12. In deeds made by masters in chancery, sheriffs, Deeds by virtue 
guardians, administrators, executors, trustees, commis- of J ud e me,nfe 
sioners, or other persons, under and by virtue of any judg- 
ment, order, proceeding or decree of any court, it shall be 
unnecessary to copy any such judgment, order, proceeding 



286 CONVEYANCES. 



or decree in such deed ; but it shall be sufficient to refer to 
the same by the title of the cause, the name of the court, 
the date or term of court at which such proceedings were 
had, or the judgment, order or decree obtained. 

eg Transfer of § 13. Every estate in lands which shall be granted, 
conveyed or devised, although other words heretofore 
necessary to transfer an estate of inheritance be not added, 
shall be deemed a fee simple estate of inheritance, if a less 
estate be not limited by express words, or do not appear to 
have been granted, conveyed or devised by construction or 
operation of law. 

5a E rlm e aindir. ed § ^ When an estate hath been, or shall be, by any 
'* conveyance limited in remainder to the son or daughter, or 
to the use of the son or daughter of any person to be be- 
gotten, such son or daughter, born after the decease of his 
or her father, shall take the estate in the same manner as if 
he or she had been born in the life-time of the father, al- 
though no estate shall have been conveyed to support the 
contingent remainder after his death. 
Purchasers of 8 15. Purchasers of school or canal lands or town lots 

school lands. i • j j. • •*.• ti_ • l-xi ±. x- 

may, by indorsement in writing on their certificates ot pur- 
chase, transfer and assign all right and title to the lands or 
lots purchased, or transfers or assignments of such certifi- 
cates may be made upon a separate paper, and transferees 
or assignees may in like manner transfer and assign all 
such certificates ; and in all cases where certificates have 
been or shall hereafter be transferred or assigned, patents 
shall issue in the name of the last transferee or assignee. 

m^o^coum 1 ^" § ^' ^e county board of any county may authorize 
any officer or member of its board to execute and deliver 
all deeds, grants, conveyances, and other instruments in 
writing, which may become necessary in selling, transferring 
or conveying any real estate belonging to its county, and 
such deeds, grants, conveyances, and other instruments, if 
made without fraud or collusion, shall be obligatory upon 
the county to all intents and purposes. 

Right of dower. g 17 j^ married woman may relinquish her right of 
dower in any of the real estate of her husband, or in any 
real estate, by joining with her husband in a deed, mort- 
gage, conveyance, power of attorney, release or other 
writing of or relating to the sale, conveyance, or other dis- 
position thereof. In all cases where the interest of the 
husband in any tract or parcel of land has been divested by 
process of law or otherwise, the wife may, by deed, duly 
executed and acknowledged, release and convey to the pur- 
chaser or purchasers, his or their grantee or grantees, all 
her interest in such tract or parcel of land, whether in pos- 
session or expectancy, in the same manner and with the like 
effect as though she were sole and unmarried ; and any deed 
by her so executed and acknowledged shall be a valid and 
sufficient bar, in law and in equity, J to any right or 



CONVEYANCES. 287 



choice of dower or other interest which she may thereafter 
assert in such premises. 

§ 18. Any married woman, being above the age of Married women 
eighteen years, joining with her husband in the execution 
of any deed, mortgage, conveyance, power of attorney, or 
other writing of or relating to the sale, conveyance or other 
disposition of her lands or real estate, or any interest 
therein, shall be bound and concluded by the same, in re- 
spect to her right, title, claim or interest in such estate, as 
if she were sole. 

§ 19. The acknowledgment or proof of any deed, mortgage, Acknowiedg- 
conveyance, release of dower, power of attorney, or other ment or proof " 
writing of or relating to the sale, conveyance, or other dis- 
position of lands or real estate, or any interest therein, by 
a married woman, may be made and certified the same as 
if she were a, feme sole, and shall have the same effect. 

§ *20. Deeds, mortgages, conveyances, releases, powers courts or om- 
of attorney, or other writings of or relating to the sale, ™™ om b d e e f eas 
conveyance or other disposition of real estate, or any inter- mav be proved, 
est therein, whereby the rights of any person may be 
affected in law or in equity, may be acknowledged or proved 
before some one of the following courts or officers, namely : 

First — When acknowledged or proved within this state, when proved 
before a master in chancery, notary public, circuit or county ^ i a t t ^ in thls 
clerk, justice of the peace, or any court of record having a 
seal, or any judge, justice or clerk of any such court. 
When taken before a notary public, the same shall be 
attested by his official seal ; when taken before a court or 
the clerk thereof, the same shall be attested by the seal of 
such court ; and when taken before a justice of the peace 
there shall be added the certificate of the county clerk, 
under his seal of office, that the person taking such acknow- 
ledgment or proof was a justice of the peace in said county 
at the time of taking the same. If the justice of the peace 
reside in the county where the lands mentioned in the in- 
strument are situated, no such certificate shall be required. 

Second — When acknowledged or proved without this state Withom this 
and within the United States or their territories, or the Dis- unitedstates. e 
trict of Columbia, before a justice of the peace, a notary pub- 
lic, commissioner to take acknowledgments of deeds, mayor 
of a city, clerk of a county, or before any judge, justice or 
clerk of the supreme or any circuit or district court of the 
United States, or any judge, justice or clerk of the supreme, 
circuit, superior, district, county or common pleas court 
of any of the United States or their territories. When 
such acknowledgment or proof is made before a notary 
public, commissioner of deeds, mayor of a city, or clerk, 
it shall be certified by such officer, under his seal of 
office. If before a mayor of the city, it shall be certified 
under the seal of such city ; if before a justice of the peace, 
there shall be added a certificate of the proper clerk, 



288 



CONVEYANCES. 



under the seal of his office, setting forth that the person 
before whom such proof or acknowledgment was made was 
a justice of the peace at the time of making the same. An 
acknowledgment or proof may be made in conformity with 
the laws of the state, territory or district where it is made : 
Provided, that if any clerk of a court of record, within 
such state, territory or district, shall, under his hand and the 
seal of such court, certify that such deed or instrument is 
executed and acknowledged or proved in conformity with 
the laws of such state, territory or district, or it shall so 
appear by the laws of such state, territory or district duly 
proved and certified, copies of the record of such deed, 
mortgages or other instruments relating to real estate, here- 
tofore or hereafter made and recorded in the proper county, 
may be read in evidence as in other cases of such certified 
copies, upon such a certificate of conformity to the laws of 
the state, territory or district where such deeds, mortgages 
or other instruments were made and acknowledged, being 
exhibited therewith or annexed thereto, 
when without Third — When acknowledged or proved without the Uni- 
states. ted States, then before any court of any republic, state, 

kingdom or empire, having a seal, or any mayor or chief 
officer of any city or town, having a seal, or before any min- 
ister or secretary of legation, or consul of the United States 
in any foreign country, attested by his official seal, or before 
any officer authorized by the laws of such foreign country 
to take acknowledgments of conveyances of real estate, if 
he have a seal, such deed to be attested by the official seal 
of such court or officer ; and. in case such acknowledgment 
or proof is taken other than before a court of record, or 
mayor, or chief officer of a town having a seal, proof that 
the officer taking such acknowledgment was duly authorized 
by the laws of his country to do so, shall accompany the 
certificate of such acknowledgment, 
when executed § <%\ m All deeds, mortgages and other instruments in 

in this state. \ . . ' £, n . , 

writing, relating to or affecting any lands, tenements or 
hereditaments, situated within this state, which have been 
or may hereafter be executed and acknowledged or proved 
before any justice of tne peace of any county in this state, 
other than the one in which such lands, tenements or 
hereditaments lie, and which have been or may be recorded 
in the county where such lands, tenements or hereditaments 
do actually lie, shall be adjudged and treated by all courts 
as legally executed and recorded, notwithstanding there is 
no certificate attached to said mortgage or other instru- 
ments, by the proper officer, that the justice of the peace 
before whom said deed, mortgage or other instrument was 
acknowledged or proved, was, at the time of said acknow- 
ledgement or proof, an acting justice of the peace of the 
county in which said deed, mortgage or other instrument 
purports to have been acknowledged or proved : Provided, 



CONVEYANCES. 289 



that the record or a certified transcript of such record shall 
not be read in evidence unless the certificate of the proper 
county clerk, under his official seal, is produced or other 
competent evidence introduced showing- that the person 
purporting to take such acknowledgment was a justice of 
the peace at the date such acknowledgment was taken, and 
for this purpose the certificate of the proper county clerk 
shall be prima facie evidence. 

§ 22. Where any deed, conveyance or power of attorney .When executed 
has been or may be acknowledged or proved in any foreign s?ate a oreigI1 
state, kingdom, empire or country, the certificate of any 
consul or minister of the United States in said country, 
under his official seal, that the said deed, conveyance, or 
power of attorney, is executed in conformity with such for- 
eign law. shall be deemed and taken as prima facie evi- 
dence thereof: Provided, that any other legal mode of prov- 
ing that the same is executed in conformity with such 
foreign law may be resorted to in any court in which the 
question of such execution or acknowledgment may arise. 

§ 23. All deeds, conveyances and powers of attorney, Good and valid, 
for the conveyance of lands lying in this state, which have 
been or may be acknowledged or proved and authenticated 
as aforesaid, or in conformity with the laws of any foreign 
state, kingdom, empire or country, shall be deemed as good 
and valid in law as though acknowledged or proved in con- 
formity with the existing laws of this state. 

§ 24. No iudge or other officer shall take the acknowledg- Acknowiedg- 

< *» r* • inputs of flepds 

ment of any person to any deed or instrument of writing, 
as aforesaid, unless the person offering to make such ac- 
knowledgment shall be personally known to him to be the 
real person who and in whose name such acknowledgment 
is proposed to be made, or shall be proved to be such by a 
credible witness, and the judge or officer taking -such ac- 
knowledgment shall, in his certificate thereof, state that 
such person was personally known to him to be the person 
whose name is subscribed to such deed or writing, as having 
executed the same, or that he was proved to be such by a 
credible witness (naming him), and on taking proof of any 
deed or instrument of writing, by the testimony of any sub- 
scribing witnesses, the judge or officer shall ascertain that 
the person who offers to prove the same is a subscribing 
witness, either from his own knowledge, or from the testi- 
mony of a credible witness ; and if it shall appear from the 
testimony of such subscribing witness that the person whose 
name appears subscribed to such deed or writing is the real 
person who executed the same, and that the witness sub- 
scribed his name as such, in his presence and at his request, 
the judge or officer shall grant a certificate, stating that the 
person testifying as subscribing- witness was personally 
known to him to be the person whose name appears sub- 
scribed to such deed, as a witness of the execution thereof, 
—2d 



290 CONVEYANCES. 



or that he was proved to be such by a credible witness 
(naming him), and stating the proof made by him ; and 
where any grantor or person executing such deed or writing, 
and the subscribing witnesses, are deceased or cannot be 
had, the judge or officer, as aforesaid, may take proof of the 
handwriting of such deceased party and subscribing witness 
or witnesses (if any) ; and the examination of a competent 
and credible witness, who shall state on oath or affirmation 
that he personally knew the person whose handwriting he 
is called to prove, and well knew his signature (stating his 
means of knowledge), and that he believes the name of such 
person subscribed to such deed or writing, as party or wit- 
ness (as the case may be), was thereto subscribed by such 
person; and when the handwriting of the grantor or per- 
son executing such deed or writing, and of one subscribing 
witness (if any there be), shall have been proved, as afore- 
said, or by proof of signature of grantor where there is no 
subscribing witness, the judge or officer shall grant a certi- 
ficate thereof stating the proof aforesaid. 
Evidence of § 25. If any grantor shall not have duly acknowledged 

hand-writing. ^ e execution of any deed or instrument entitled to be re- 
corded, and the subscribing witness or witnesses be dead, or 
not to be had, it may be proved by evidence of the hand- 
writing of the grantor, and of at least one of the subscribing 
witnesses, which evidence shall consist of the testimony of 
two or more disinterested persons swearing to each sig- 
nature. 
certificate of §26. A certificate of acknowledgment, substantially iu 

ment. = the following form, shall be sufficient : 



State of [name of state], ) 
County of [name of county]. \ 

I [here give name of officer and his official titlej do hereby certify that [name 
of grantor, and if acknowledged by wife, her name, and add "his wife"], per- 
sonally known to me to be the same person whose name is (or are) subscribed to 
the foregoing instrument, appeared before me this day in person, and acknow- 
ledged that -he- (she or they) signed, sealed and delivered the said 'nstrument as 
his (her or their) free and voluntary act, for the uses and purposes therein set forth. 

Given under my hand and (private or official, as the case may be) seal, this 
[day of the month] day of [month], A. D. [year]. 

[signature of officer], [seal.] 

sK. tofh0me " § -"--7. No deed or other instrument shall be construed as 
releasing or waiving the right of homestead, unless the same 
shall contain a clause expressly releasing or waiving such 
right. And in such case the certificate of acknowledgment 
shall contain a clause substantially as follows: "including 
the release and waiver of the right, of homestead,"*' or other 
words which shall expressly show that the parties executing 
the deed or other instrument intended to release such right. 
And no release or waiver of the right of homestead by the 
husband shall bind the wife unless she join in such release 
or waiver. 
to be recorded 8 28. Deeds, mortgages, powers of attorney, and other 

in connty. ° ' no ' r _ m i 

instruments relating to or affecting the title to real estate in 



CONVEYANCES. 



291 



this state, shall be recorded in the county in which such 
real estate is situated, but if such county is not organized, 
then in the county to which such unorganized county is at- 
tached for judicial purposes. Before any deed or other in- 
strument conveying any land (not including mortgages) 
shall be received for record in the recorder's office, the same 
shall be exhibited to the county clerk of the county in which 
the laud is situated, who shall take a minute thereof, show- 
ing the grantee and the description of the land conveyed, 
which shall be kept by such clerk for the purpose of refer- 
ence in making out the books for the assessment of taxes ; 
and the county clerk shall write upon the back of such deed 
or other instrument "entered," and sign his name thereto, 
and the recorder shall not receive said instrument for record 
until such indorsement is made thereon. 

§ 29. Where an original deed, mortgage or other instrn- certified copies 
ment relating to or affecting the title to real estate, having may 
tracts of land therein described lying in different counties, 
has been or may hereafter be recorded in any of such coun- 
ties, it shall be lawful to record a certified copy of such 
deed or other instrument in counties where the original 
has not been recorded ; and the recording of such certified 
copy heretofore or hereafter shall be notice in the same man- 
ner that the filing and recording of the original would be, 
and copies from such records shall be 'prima facie evidence 
to the same extent as if the original had been so recorded. 

§30. All deeds, mortgages and other instruments of in force from 
writing which are authorized to be recorded, shall take l,imeo 1Dg ' 
effect and be in force from and after the time of filing the 
same for record, and not before, as to all creditors and sub- 
sequent purchasers, without notice ; and all such deeds and 
title papers shall be adjudged void as to all such creditors 
and subsequent purchasers, without notice, until the same 
shall be filed for record. 

§ 3 1. Deeds, mortgages and other instruments of writing Notice to pur- 
relating to real estate shall be deemed, from the time of ^ e a d s . ers when 
being filed for record, notice to subsequent purchasers and 
creditors, though not acknowledged or proven according to 
law ; but the same shall not be read as evidence, unless 
their execution be proved in manner required by the rules 
of evidence applicable to such writings, so as to supply the 
defects of such acknowledgment or proof. 

§ 32. A.11 deeds which may be executed by any admiuis- Execution of 
trator, executor, guardian, conservator, commissioner, mas- 
ter in chancery, sheriff, or other officer, of any real estate 
sold in pursuance of any decree or on execution, upon being 
acknowledged or proved before any officer authorized to 
take acknowledgment or proof of deeds, and certified as 
other deeds, shall be admitted to record in the county where 
the real estate sold is situated. 



deeds. 



292 CONVEYANCES. 



title. 



original wu\s §33. All original wills duly proved, or copies thereof 
or copies. duly certified, according to law, and exemplifications of the 
record of foreign wills made in pursuance of the law of con- 
gress in relation to records in foreign states, may be recorded 
in the same office where deeds and other instruments con- 
cerning real estate may be required to be recorded ; and 
the same shall be notice from the date of filing the same for 
record as in other cases, and certified copies of the record 
thereof shall be evidence to the same extent as the certified 
copies of the record of deeds. 

Evidence of § 34. "Where deeds conveying lands in this state have 
heretofore been or may hereafter be executed by executors, 
duly qualified in pursuance of due power vested in them by 
will, executed and proved out of this state, the same shall 
be evidence of title in the vendee or grantee, to the same 
extent as was vested in the testator at the time of his death, 
whether such will has been proved in this state or not, un- 
less, at the time of executing such deed, letters testamentary 
or of administration upon the estate of the deceased shall 
have been granted within this state, and remain unrevoked. 

May be read § 35. Every deed, mortgage, power of attorney, con- 
in evidence, veyance, or other writing, of or concerning any lands, 
tenements or hereditaments, which, by virtue of this act, 
shall be required or entitled to be recorded as aforesaid, 
being acknowledged or proved according to the provisions 
of this act, whether the same be recorded or not, may be 
read in evidence without any further proof of the execu- 
tion thereof ; and if it shall appear to the satisfaction of the 
court that the original deed, so acknowledged or proved 
and recorded, is lost or not iu the power of the party wish- 
ing to use it, the record, or a transcript thereof, certified by 
the recorder in whose office the same may be recorded, may 
be read in evidence, in any court of this state, without 
further proof thereof. 

when originals § 36. Whenever, upon the trial of any cause in law or 
equity in this state, any party to said cause, or his agent or 
attorney in his behalt, shall, orally in court, or by affidavit 
to be filed in said cause, testify and state under oath that 
the original of any deed, conveyance or other writing, of or 
concerning lands, tenements and hereditaments, which shall 
have been or may hereafter be acknowledged or proved ac- 
cording to any of the laws of this state, and which, by vir- 
tue of any of the laws of this state, shall be required or be 
entitled to be recorded, is lost, or not in the power of the 
party wishing to use it on the trial of any such cause, and 
that to the best of his knowledge said original deed was 
not intentionally destroyed or in any manner disposed of 
for the purpose of introducing a copy thereof in place of the 
original, the record of such deed, conveyance or other wri- 
ting, or a transcript of the record thereof, certified by the 
recorder in whose office the same may have been or may 



are lost. 



CONVEYANCES. 



293 



hereafter be recorded, may be read in evidence in any court 
in this state, with like effect as though the original of such 
deed, conveyance or other writing was produced and read 
in evidence. 

§ 37. All affidavits required to be made and produced Affidavits. 
under the foregoing section, may be made in any county in 
this state, before any officer authorized by the laws of this 
state to administer oaths and affirmations, and may also be 
made, out of this state, before any judge of a court of re- 
cord, justice of the peace, clerk of a court of record, notary 
public, or commissioner appointed under the laws of the 
state of Illinois to take acknowledgments of deeds, and ad- 
minister oaths and affirmations, and certified to by the said 
officer, under his seal ot office, if such officer have an offi- 
cial seal ; but if taken and certified by any officer who does 
not require or use an official seal, the certificate of the 
proper clerk or other officer of the official character of the 
person certifying to such oath or affirmation shall also be 
produced with such affidavit and certificate. 

8 38. The term "real estate," as used in this act, shall The term "real 
be construed as co-extensive in meaning with "lands, tene- 
ments and hereditaments," and as embracing all chattels 
real. This act shall not be construed so as to embrace last 
wills and testaments, except as herein expressly provided. 

§ 39. The following acts and parts of acts are hereby Acts repealed, 
repealed : Chapter twenty-four of the Revised Statutes of 
1845, entitled ''Conveyances," except sections eight, nine, 
ten, twelve, thirty-one, thirty two and thirty three ; an act 
entitled "An act to amend the twenty fourth chapter of the 
Revised Laws, entitled 'Conveyances,' " approved February 
22, 1847; an act entitled "An act to amend the twenty- 
fourth chapter of the Revised Statutes, entitled 'Convey- 
ances,' " approved February 15, 1851; an act entitled "An 
act to amend the twenty-fourth chapter of the Revised 
Statutes, entitled 'Conveyances,' " approved February 11, 
1853 ; an act entitled "An act to amend chapter twenty-four 
of the Revised Statutes, entitled 'Conveyance^,'" approved 
March 27, 186j ; an act entitled "An act in relation to 'Con- 
veyances,' " approved February 14, 1857 ; an act entitled 
"An ace to amend chapter twenty-four of the Revised Code 
of 1815, entitled 'Conveyances,' " approved February 21, 
1861 ; an act entitled "An act to amend the twenty-fourth 
chapter of the Revised Laws, entitled 'Conveyances,' " ap- 
proved February 8, 1849, and all other acts and parts of 
acts inconsistent with the provisions of this act ; but the 
repeal of said acts and parts of acts shall nut affect any 
suits that may be pending or any rights that have accrued 
when this act shah take effect. 
Approved March 29, 1S7^. 



CONVICTS. 



CONVICTS. 



In force July 1, AN ACT to allow convicts in the penitentiary a credit in diminution of their 
1872, sentence, and for their being restored to citizenship upon certain conditions. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That every 
Entitled to di- convict who is now or who may hereafter be confined in the 
mmuion o j]jj no j g Penitentiary, and who shall have no infraction of 
the rules or regulations of the penitentiary or laws of the 
state recorded against him, and who performs in a faithful 
manner the duties assigned to him, in an orderly and peace- 
able manner, shall be entitled to the diminution of time 
from his sentence as appears in the following table, for the 
respective years of his sentence, andjprc* rata for any part 
of a year where the sentence is for more or less than a year : 



No. of years of sentence. 



1 st vear 


2d " 


3d " 


4th " 

5th " 


6th " 


7th " 


8th " 

9th " 


10th " 


11th " 

12th " 


1 3th " 


14th " 


15th " 


16th " 


17th " 


18th " 


19th " 

20th " 


21st " 


22d " 


23d " 


24th " 





Good time 
granted. 



1 


month. 


2 


u 


3 


ti 


4 


It 


5 


(( 


6 


u 


6 


(f 


6 


u 


6 


ti 


6 


11 


6 


" 


6 


" 


6 


" 


6 


" 


6 


ft 


6 


" 


6 


K 


6 


K 


6 


It 


6 


" 


6 


<l 


6 


" . 


6 


II 


6 


tt 


6 


" 



Total good time 
made. 



Time to be served 
if full time is made. 



1 month 

3 " 

6 " 

10 " 
1 year 

1 " 

2 " 

2 " 

3 " 

3 " 

4 " 

4 " 

5 " 

5 " 

6 " 

6 " 

7 " 
7 " 



and 3 mos. 
9 " 
3 " 
9 " 
3 " 
9 " 



11 months 

1 year and 9 mos. 

2 " 6 " 



5 " 


9 


6 " 


3 


6 " 


9 


7 " 


3 


7 " 


9 


8 " 


3 


8 " 


9 


9 " 


3 


9 " 


9 


10 " 


3 


10 " 


9 


11 " 


3 


11 " 


9 


12 " 


3 


12 " 


9 


13 " 


3 


13 " 


9 



§ 2. In case any convict shall be guilty of the violation of 
any of the rules or laws of the penitentiary or of the state, 
as above provided, and has .become entitled to any diminu- 
tion of his sentence by the provisions aforesaid, he shall for 
the first offense forfeit, if he has made so much, two (2) 
days ; for the second offense, four days ; for the third offense, 
eight days ; and for the fourth offense, sixteen days ; and 



CONVICTS. 



295 



in addition thereto whatever number of days more than 
one, that he is in punishment, shall also be forfeited ; for 
more than four offenses, the warden shall have power to 
deprive him, at his discretion, of any portion or all of the 
good time that the convict may have earned, but not less 
than as provided for the fourth offense. 

*J 3. That whenever anv convict is committed under commitments 
several convictions, with separate sentences, they shall not convictions. 
be construed as one continuous sentence under this law, in 
the granting or forfeiting of good time ; and when any con- 
vict is committed at the same time with separate sentences, 
and he should. made "good time" under any of those sen- 
tences, then the other sentences shall commence to run at 
the termination of the sentence, under this law, until the 
sentences are entirely fulfilled. 

§ 4. The warden, in computing the diminution of time . convicts now 
for those convicts now in the penitentiary, shall allow them mp 
the "good time granted," but not the "good time made," 
for the year or part of a year of their unexpired sentence, 
the same as if this law had been in effect at the commence- 
ment of their sentence. 

§ 5. The governor shall have the right to grant any Restoration to 
convict that has been, now is, or may be hereafter confined C1 lzeus p - 
in the penitentiary, whom he shall deem a proper person to 
enjoy that privilege, a certificate of restoration to all his 
rights of citizenship, as provided by law, although such 
convict may have been guilty of an infraction of the rules 
and regulations of the prison. The warden, upon request 
of the governor, shall, in cases of application for such 
restoration, furnish him a statement of the convict's de- 
portment during his imprisonment, and may at all times 
make such recommendation to the governor as he shall deem 
proper respecting the restoration to citizenship of any con- 
vict. 

§ 6. All acts and parts of acts in conflict with this act 
are hereby repealed. 

Approved March 19, 1872. 



AN ACT giving county boards control of county convicts, and to provide work in force July l, 
houses for, and the employment of such convicts. 18 ' 2 - 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the charge and 

it' control 

county board ot any county in this state may take charge 
and control of the convicts committed to the county jail. 

§ 2. The county board in such cases shall provide for Maintenance. 
the care and maintenance of said convicts. 



296 



CORPORATIONS. 



Workhouses. § 3. The county board may provide proper work houses 
for the employment of such convicts, and may employ them 
at any kind of labor that may be determined by said board, 
either in or without such work houses: Provided, that this 
section shall not apply to persons convicted of crimes com- 
mitted before this act shall go into effect. 

county board. § 4. The term "county board " or " said board," as used 
in this act, shall be held to mean and include the board of 
supervisors, or the board of county commissioners, or county 
court in counties not under township organization, until 
after the election and qualification of the board of county 
commissiouers, as the case may require. 
Approved April 9, 1872. 



COKPOKATIONS. 



In force July 1, 

1S72. 



AN" ACT concerning corporations. 



Mnniier of 
forming. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, Tlrat cor- 
Por what pur- porations may be formed in the manner provided by this 
pose- act, for any lawful purpose except banking, insurance, real 

estate brokerage, the operation of railroads, and the busi- 
ness of loaning money : Provided, that horse and dummy 
railroads may be organized and conducted under the provi- 
sions of this act: And, provided, further, that corporations 
formed for the purpose of constructing railroad bridges 
shall not be held to be railroad corporations. 

§ 2. Whenever any number of persons, not less than 
three nor more than seven, shall propose to form a corpo- 
ration under this act, they shall make a statement to that 
effect under their hands and duly acknowledged before 
borne officer, in the manner provided for the acknowledg- 
ment ot deeds, setting forth the name of the proposed cor- 
poration, the object for which it is to be formed, its capital 
stock, the number of shares of which such stock shali con- 
sist, the location of the principal office, and the duration of 
the corporation, not exceeding, however, ninety-nine years; 
which statement shall be filed in the office of the secretary 
of state. The secretary of state shall thereupon issue to 
such persons a license as commissioners to open books for 
subscription to the capital stock of said corporation at such 
times and places as they may determine; but no license 
shall be issued to two companies having the same name. 



CORPORATIONS. 29 1 



§ 3. As soon as may be after the capital stock shall be Meeting of 
fully subscribed, the commissioners shall convene a meeting 8Ubscnbers - 
of the subscribers for the purpose of electing directors or 
managers, and the transaction of such other business as 
shall come before them. Notice thereof shall be given by 
depositing in the post office, properly addressed to each sub- 
scriber, at least ten days before the time fixed, a written or 
printed notice, stating the object, time and place of such 
meeting. In all elections for directors or managers of cor- 
porations organized under this act, every subscriber or stock- 
holder shall have the right to vote in person or by proxy, 
for the number of shares owned or subscribed by him, for 
as many persons as there are directors or managers to be 
elected, or to cumulate such shares and give one candidate 
as many votes as the number of directors or managers mul- 
tiplied by the number of his shares of stock shall equal, or 
to distribute them on the same principle among as many 
candidates as he shall think fit; and such directors or man- 
agers shall not be elected in any other manner. It shall be 
lawful lor any such corporation, by resolution of the stock- 
holders, to divide its board of directors or managers into 
three classes, numbered consecutively, the term of office of 
the first class to expire on the day of the annual election of 
said company then next ensuing; the second class one year 
thereafter, and the third class two years thereafter. At each 
annual election after such classification, the stockholders of 
such company shall elect, for a term of three years, a num- 
ber of directors or managers equal to the number in the 
class whose term expires on the day of such election. All 
other vacancies to be rilled in accordance with the by-laws of 
the corporation. 

§ 4. The commissioners shall make a full report of their Report of pro- 
proceedings, including therein a copy of the notice provided cee ng8 ' 
for in the foregoing section, a copy of the subscription list, 
and the names of the directors or managers elected and 
their respective terms of office, which report shall be sworn 
to by at least a majority of the commissioners, and shall 
be tiled in the office of the secretary of state. The secretary 
of state shall thereupon issue a certificate of the complete 
organization of the corporation, making a part thereof a 
copy of all papers filed in his office in and about the organ- 
ization of the corporation, and duly authenticated under his 
hand and seal of state, and the same shall be recorded in a 
book for that purpose, in the office of the recorder of deeds 
of the county where the principal office of such company is 
located. Upon the recording of the said copy, the corpor- 
ation shall be deemed fully organized and may proceed to 
business-. Unless such company shall be organized and 
shall proceed to business as provided in this act, within two 
years after the date of such license, then such license shall 
be deemed revoked, and all proceedings thereunder void. 
—30 



298 CORPORATIONS. 



Bodies corpo- § 5. Corporations formed under this act shall be bodies 
raean po me. cor p 0ra t e an0 > politic for the period for which they are or- 
ganized ; may sue and be sued; may have a common 6eal, 
which they may alter or renew at pleasure ; may own, pos- 
sess and enjoy so much real and personal estate as shall be 
necessary for the transaction of their business, and may sell 
and dispose of the same when not required for the uses of 
the corporation. They may borrow money at legal rates of 
interest, and pledge their property, both real and personal, 
to secure the payment thereof ; and may have and exercise 
all the powers necessary and requisite to carry into effect 
the objects for which they may be formed : Provided, how- 
ever, that all real estate so acquired in satisfaction of any 
liability or indebtedness, unless the same may be necessary 
and suitable for the business of such corporation, shall be 
offered at public auction at least once every year, at the door 
of the court house of the county wherein the same may be 
situated, or on the premises so to be sold, after giving notice 
thereof for at least four consecutive weeks in some news- 
paper of general circulation published in said county ; and 
if there be no such newspaper published therein, tnen in 
the nearest adjacent county where such newspaper is pub- 
lished ; and said real estate shall be sold whenever the price 
offered for it is not less than the claim of such corporation, 
including all interest, costs and other expenses : And, pro- 
vided, further, that in case such corporation shall uot, with- 
in such period of five years, sell such lands either at public 
or private sale, as aforesaid, it shall be the duty of the state's 
attorney to proceed by information in the name of the Peo- 
ple of the State of Illinois, against such corporation, in the 
circuit court of the county within which such land, so neg- 
lected to be sold, shall be situated, and such court shall 
have jurisdiction to hear and determine the fact, and to 
order the sale of such land or real estate at such time and 
place, subject to such rules as the court shall establish. The 
court shall tax, as the fees of the state's attorney, such sum 
as shall be reasonable; and the proceeds of such sale, alter 
deducting the said fees and costs of proceedings, shall be 
paid over to such corporation. 

Board of di- 8 6. The corporate powers shall be exercised bv a board 
oi directors or managers : Provided, the number ot direc- 
tors or managers shall not be increased or diminished, or 
their term of office changed, without the consent of the 
owners of a majority of the shares of stock. The officers 
of the company shall consist of a president, secretary aud 
treasurer, aud such other officers and agents as shall be de- 
termined by the directors or managers, and the directors or 
managers may adopt by-laws for the government of the 
officers and affairs of the company : Provided, they are not 
inconsistent with the laws of this state. The directors or 
managers may require ot the officers and agents bonds, 



rectors 



CORPORATIONS. 



with such sureties aud conditions as they shall deem proper, 
and may remove any officers when' the interests of the cor- 
poration shall require. The officers shall hold their respec- 
tive offices for the period provided by the by-laws. 

§ '7. The shares of stocks shall be not less than ten nor shares of stock. 
more than one hundred dollars each, and shall be deemed 
personal property, and transferable as such in the manner 
provided by the by-laws, and subscriptions therefor shall be 
made payable to the corporation, and shall be payable in 
such installments and at such time or times as shall be de- 
termined by the directors or managers, and an action may 
be maintained in the name of the corporation to recover 
any installment which shall remain due and unpaid for the 
period of twenty days after personal demand therefor, or, 
in cases where personal demand is not made, within thirty 
days after a written or printed demand has been deposited 
in the post office, properly addressed to the post office ad- 
dress of the stockholder. The directors may, by by-law, 
prescribe other penalties for a failure to pay the installments 
that may from time to time become due, but no penalty 
working a forfeiture of stock, or of the amounts paid there- 
on, shall be declared as against any estate before distribu- 
tion shall have been made, or against any stockholder before 
demand shall have been made for the amount due thereon, 
either in person, or by a written or printed notice, duly 
mailed to the proper address of such stockholder at least 
thirty days prior to the time when such forfeiture is to take 
effect : Provided, that proceeds of said sale, over and above 
the amount due on said shares, shall be paid to the delin- 
quent stockholder. 

§ 8. Every assignment or transfer of stocks, on which Transfer! « f 

i • stocks 

there remains any portion unpaid, shall be recorded in the 
office of the recorder of deeds of the county within which 
the principal office is located, and each stockholder shall be 
liable for the debts of the corporation to the extent of the 
amount that may be unpaid upon the stock held by him, to 
be collected in the manner herein provided. JN'o assignor 
of stocks shall be relea-ed from any such indebtedness by 
reason of any assignment of his stock, but shall remain 
liable therefor jointly with the assignee until the said stock 
be fully paid. Whenever any action is brought to recover 
any indebtedness against the corporation, it shall be com- 
petent to proceed against any one or more stockholders 
at the same time to the extent of the balance unpaid by 
such stockholders upon the stock owned by them, respec- 
tively, whether called in or not, as in cases of garnishment. 
Every assignee or transferee of stock shall be liable to the 
company for the amount unpaid thereon, to the extent and 
in the same manner as if he had been the original subscriber. 

§ 9. The general assembly shall, at all times, have power Legislative re- 
to prescribe such regulations and provisions as it may deem suctions and 

■* or j Drovisions. 



300 CORPORATIONS. 



advisable, which regulations and provisions shall be bind- 
ing on any and all corporations formed under the provisions 
of this act : And, provided, further, that this act shall not 
be held to revive or extend any private charter or law here- 
tofore granted or passed concerning any corporation. 

Powers expired. § 10. All corporations organized under this law whose 
powers may have expired by limitation or otherwise, shall 
continue their corporate capacity during the term of two 
years, for the purpose only of collecting the debts due said 
corporation, and selling and conveying the property and 
effects thereof. 

Names, § 11. Such corporations shall use their respective names 

for the purposes aforesaid, and shall be capable of prosecu- 
ting and defending all suits in law or equity. 

Dissolution. § ^2. • The dissolution, for any cause whatever, of any 

corporation created as aforesaid, shall not take away or im- 
pair any remedy given against such corporation, its stock- 
holders or officers, for any liabilities incurred previous to 
its dissolution. 
Books of ac- § 13. It shall be the duty of the directors or trustees of 

count. every stock corporation to cause to be kept at its principal 

office or place of business in this state, correct books of ac- 
count of all its business, and every stockholder in such cor- 
poration shall have the right at all reasonable times, by him- 
self or by his attorney, to examine the records and books 
of account of the corporation. 

Failure to elect § 14. A failure to elect directors, trustees, or officers in 

directors. . \[ exi f trustees, on the day named aud designated in the 
by-laws, or on the day for which notice was given for elec- 
tion, shall not have the effect of dissolving the corporation; 
but such election may be held at any time after proper notice. 
. - t $ 15. All assessments or installments of the stock of any 

Assessments on «•> . . , . . f 

stock. stock corporation shall be levied by the directors m accord- 

ance with the provisions of the by-laws, but any assessment 
or installment required to be paid shall be levied pro rata 
upon all the shares of such stock. 

indebtedness. § It). If the indebtedness of any stock corporation shall 
exceed the amount of its capital stock, the directors and 
officers of such corporation, assenting thereto, shall be per- 
sonally and individually liable for such excess, to the credi- 
tors of such corporation. 
statement of § 1 ^- ^ e P re8 id ent > secretary or treasurer of every 

real estate. stock corporation shall annually, within twenty days from 
the first day of December, make a statement in writing, 
setting forth a description of all real estate to which title 
was acquired in securing any debt or liability due such cor- 
poration, together with the time of acquiring title thereto ; 
which statement shall be verified by the oath or affirmation 
of such president, secretary or treasurer, and be recorded 
in the office of the recorder of the county, and filed in the 
office of the secretary of state. 



CORPORATIONS. 301 



§ 18. If any person or persons being, or pretending to Liability for 
be, an officer or agent, or board of directors, of any stock debt8 ' etc ' 
corporation or pretended stock corporation, shall assume to 
exercise corporate powers, or use the name of any such cor- 
poration or pretended corporation, without complying with 
the provisions of this act, before all stock named in the ar- 
ticles of incorporation shall be subscribed in good faith, 
then they shall be jointly and severally liable for all debts 
and liabilities made by them and contracted in the name of 
such corporation or pretended corporation. 

§ 19. If the directors or other officers or agents of any Dividends, 
stock corporation shall declare and pay any dividend when 
such corporation is insolvent, or any dividend the payment 
of which would render it insolvent, or which would dimin- 
ish the amount of its capital stock, all directors, officers or 
agents assenting thereto, shall be jointly and severally lia- 
ble for all the debts of such corporation then existing, and 
for all that shall thereafter be contracted, while they shall 
respectively continue in office. 

§ 2u. The by-laws of every corporation shall provide Meetings of tu- 
tor the calling of meetings of the directors, trustees or other agers? ° r man " 
officers corresponding to trustees ; and when all such offi- 
cers shall be present at any meeting, however called or no- 
tified, or shall sign a written consent thereto on the record 
of such meeting, the acts of such meeting shall be as valid 
as if legally called and notified : Provided, that the action 
of any meeting held beyond the limits of this state shall be 
void, unless such meeting was authorized or its acts ratified 
by a vote of two-thirds of the directors, trustees or officers 
corresponding to trustees, at a regular meeting. 

§21. If any certified report or statement made, or pub- False state- 
lie notice given, by the officers of any corporation shall be ments ° 
false in any material representation, all tne officers who 
shall have signed the same, knowing it to be false, shall be 
jointly and severally liable for all damages arising there- 
from. 

§ 22. The stockholders of any stock corporation own- Meeting of 
ing two-thirds of the stock in such corporation, upon which 
all assessments have been fully paid up, may call a meeting 
of the stockholders of such corporation, by signing a call 
therefor, with their proper names, stating the number of 
shares held by each, and filing the same with the president 
or secretary of such corporation, and publishing the same 
in a newspaper in this state where the principal office of 
such corporation is kept, and at the seat of government, for 
three successive weeks prior to the time fixed for holding 
such meeting, and mailing a copy thereof to each of the 
directors of said corporation at his usual place of abode. 
And the secretary of such corporation shall enter such call 
upon the records thereof, and the fact of such publication, 
and mailing such notice, giving the name of such paper, 



302 CORPORATIONS. 



with the dates and places of publication, which shall be 
prima facie evidence thereof. 
; Executors and § 23. No person holding stock in any corporation as ex- 
Iabie. ans n ° ecutor, administrator, conservator, guardian or trustee, and 
no person holding such stock as collateral security, shall be 
personally subject to any liability as stockholder of such 
corporation ; but the person pledging such stock shall be 
considered as holding the same, and shall be liable as a 
stockholder accordingly, and the estate aud funds in the 
hands of such executor, administrator, conservator, guar- 
dian or trustee shall be liable in like manner and to the 
same extent as the testator or intestate, or the ward or per- 
son interested in such trust fund, would have been if he 
had been living and had been competent to act, and held 
the stock in his own name. 
Executors and § 24. Every executor, administrator, conservator, guar- 
guardians to ^[ Rn or trustee shall represent the stock in his hands at 

represent stock. , . . r . . 

all meetings 01 any stock corporation, and may vcte ac- 
cordingly as a stockholder, and every person who shall 
pledge his stock may, nevertheless, represent the same at 
all meetings, and may vote accordingly, as a stockholder, 
suits in equity § 25. If any corporation, or its authorized agents, shall 
holders. * stoc " do or refrain from doing any act which shall subject it to a 
forfeiture of its charter or corporate powers, or shall allow 
any execution or decree of any court of record for a pay- 
ment of money, after demand made by the officer, to be 
returned "no property found," or to remain unsatisfied for 
not less than ten days after such demand, or shall dissolve 
or cease doing business, leaving debts unpaid, suits in 
equity may be brought against all persons who were stock- 
holders at the time, or liable in any way for the debts of 
the corporation, by joining the corporation in such suit ; 
aud each stockholder may be required to pay his pro rata 
share of such debts or liabilities to the extent of the unpaid 
portion of his stock, after exhausting the assets of such cor- 
poration; and if any stockholder shall not have property 
enough to satisfy his portion of such debts or liabilities, 
then the amount shall be divided equally among all the re- 
maining insolvent stockholders ; and courts of equity shall 
have full power, on good cause shown, to dissolve or close 
up the business of any corporation ; to appoint a receiver 
therefor, who shall have autiiority by the name of the re- 
ceiver of such corporation (giving the name) to sue in all 
courts and do all things necessary to closing up its affairs as 
commanded by the decree of such court. 
Foreign corpo- § 26. Foreign corporations, and the officers and agents 
thereof doing business in this state, shall be subjected to all 
the liabilities, restrictions and duties that are or may be 
imposed upon corporations of like character organized under 
the general laws of this state, and shall have no other or 
greater powers. And no foreign or domestic corporation 



CORPORATIONS. 303 



established or maintained in any way for the pecuniary 
profit of its stockholders or members, shall purchase or hold 
real estate in this state, except as provided for in this act. 

§ 27. The certified copy of any articles of incorporation copy of articles 
and changes thereof, together with all indorsements thereon, of association - 
under the great seal of the state of Illinois, shall be taken 
and received in all courts and places as prima facie evi- 
dence of the facts therein stated. 

§ 28. Nothing in this act shall he construed to allow the street railroads, 
construction or operation of any street railroad in any city, 
town or incorporated village, without the consent of the 
local authorities thereof. 

§ 29. Societies, corporations and associations (not for corporations 
pecuniary profit) may be formed as hereinafter provided, ^profit?* ~ 
Any three or more persons, citizens of the United States, 
who shall desire to associate themselves for any lawful pur- 
pose, other than for pecuniary profit, may make, sign and 
acknowledge, before any officer authorized to take ac- 
knowledgments of deeds in this state, and file in the office 
of the secretary of state, a certificate in writing, in which 
shall be stated the name or title by which such corporation, 
society or association shall be known in law, the particular 
business and objects for which it is formed, the number of 
its trustees, directors or managers^ and the names of the 
trustees, directors or managers selected for the first year of 
its existence. 

§ 30. Upon filing a certificate as aforesaid, the secretary certificate of 
of state shall thereupon issue a certificate of the organiza- s amzaion - 
tion of the corporation, society or association, making a part 
thereof a copy of all papers filed in his office in and about 
the organization thereof, and duly authenticated under his 
hand and seal of state ; and the same shall be recorded in 
a book for that purpose, in the office of the recorder of 
deeds of the county in which the principal place of business 
of such corporation, society or association is located. Upon 
complying with the foregoing conditions, the corporation, 
society or association shall be deemed full} organized, and 
may proceed to business : Provided, the secretary of state 
shall not issue a certificate of organization to any corpora- 
tion, society or association under the name of any then 
existing. 

§31. Corporations, associations and societies not for Bodies corpo- 
pecuniary profit, formed under this act, shall be bodies cor- ratean P° lt!C - 
porate and politic, by the name stated in such certifi- 
cate; and by that name they and their successors shall and 
may have succession, and shall be persons in law, capa- 
ble of suing and being sued ; may have power to make 
and enforce contracts in relation to the legitimate business 
of their corporation, society or association ; may have and 
use a common seal, and may change or alter the same at 
pleasure. And they and their successors, by their corpo- 



304 



CORPORATIONS. 



Election of 
trusiees and 
directors. 



rate name, shall in law be capable of taking, purchasing, 
holding and disposing of real and personal estate, for pur- 
poses of their organization ; may make by-laws, not incon- 
sistent with the constitution and laws of this state or of the 
United States — in which by-laws shall be described the du- 
ties of all officers of the corporation, society or association, 
and the qualifications of members thereof. 

§ 32. Corporations, associations and societies (not for 
pecuniary profit) formed under the provisions of this act, 
shall elect trustees, directors or managers from the mem- 
bers thereof, at such time'! and places and for such period 
as may be provided for by the by-laws, who shall have the 
control and management of the affairs and funds of the cor- 
poration, society or association. Said trustees, managers 
or directors may, upon consent of the corporation, society 
or association, expressed by the vote of a majority of the 
members thereof, borrow money, to be used solely for 
purposes of their organization, and may pledge their pro- 
perty therefor. "Whenever trustees, managers or directors 
shall be elected, a certificate, under the seal of the corpora- 
tion, giving the names of those elected and the term of their 
office, shall be recorded in the office of the recorder of deeds 
where the certificate of organization is recorded. Vacan- 
cies in the board of trustees, directors or managers shall be 
filled in the manner provided by their by-laws, and upon 
filling any vacancy a like certificate shall be recorded. 

§ 33. JSo dividend or distribution of the property of 
such corporation, society or association shall be made until 
all debts are fully paid, and then only upon its final disso- 
lution and surrender of organization and name ; nor shall 
any distribution be made except by a vote of a majority of 
the members. "When a distribution of any of their property 
is contemplated, the trustees, directors or managers shall 
file a statement, under oath, in the office of the recorder of 
deeds in the county where the business office is located, 
that all debts of the corporation, society or association are 
paid. And in case a distribution shall be made before 
tiling such statement under oath, or if such statement shall 
be willfully false, said trustees, directors or managers shall 
be, jointly and severally, liable for the debts of such corpo- 
ration, society or association. When a final dissolution of 
any corporation, society or association, organized by virtue 
of this act, has been agreed upon, the trustees, directors or 
managers shall file, in the office of the secretary of state, a 
certificate thereof, under seal of the corporation ; and upon 
the filing of said certificate, such organization shall cease to 
exist. 

§ 34. Any such corporation, society or association may 
change its articles of association, in the manner prescribed 
by their own rules; but no such change shall be of legal 
effect, until a certificate thereof, under seal of such corpo- 



Dividend 
distribution 
property. 



of 



Change of ar 
tides of associ- 
ation. 



CORPORATIONS. 305 



ration, society or association, shall be filed in the office of 
the secretary of state, and recorded in the office of the re- 
corder of deeds in which the original certificate was re- 
corded. 

§ 3x The foregoing provisions shall not apply to any Religious cor- 
religious corporations ; but any church, congregation or so- pora lons- 
ciety formed for the purpose of religious worship, may be- 
come incorporated in the manner following, to-wit : By 
electing or appointing, according to its usages or customs, 
at any meeting held for that purpose, two or more of its 
members as trustees, wardens and vestrymen, (or such other 
officers whose powers and duties are similar to those of 
trustees, as shall be agreeable to the usages and customs, 
rules or regulations of such congregation, church or so- 
ciety,) and may adopt a corporate name; and upon the filing 
of the affidavit, as hereinafter provided, it shall be and re- 
main a body politic and corporate, by the name so adopted. 

§ 36. The chairman or secretary of such meeting shall, Affidavit to be 
as soon as may be after such meeting, make and file in the filed - 
office of the recorder of deeds in the county in which such 
congregation, church or society is organized (which shall 
be recorded by such recorder), an affidavit substantially in 
the following form : 

State of Illinois,^ 
.... County . \ 

I, , do solemnly swear (or affirm, as the case may be,) that at a 

meeting of the members of the (here insert the name of the church, society or 
congregation, as known before incorporation), held at (here insert place of 

meeting), in the county of , and state of Illinois, on the .... day of 

. . . ., A. D. 18 . ., for that purpose, the following persons were elected (or ap- 
pointed) (here insert their names) trustees, (or wardens, vestrymen or officers 
by whatever name they choose to adopt, with powers and duties similar to trus- 
tees), according to the rules and usages of such (church, society or congrega- 
tion). And said (church, society or congregation) adopted as its corporate 
name (here insert the name). And at said meeting this affiant acted as (chair- 
man or secretary, as the case may be). 

(Name of affiant.) 

Subscribed and sworn to before me this .... day of . . . ., A. D. 18. . 

Such affidavit, or a copy thereof duly certified by the re- 
corder, shall be received as evidence of the due incorpora- 
tion of such congregation, church or society. 

§ 37. The term of office of the trustees of any such cor- Term of office, 
poration may be determined by the rules or by-laws of the 
congregation, church or society. 

§ 38. A failure to elect trustees at any time shall not Failure to elect, 
work a dissolution of such corporation, but the trustees last 
elected shall be considered as in office until their successors 
are elected. 

§ 39. All elections of trustees after the first, and elec Elections of 
tions to fill vacancies, may be called and conducted upon trustees - 
such notice and in such manner as may be provided by the 
rules, usages or by-laws of the congregation, church or so- 
ciety, but the qualification and number of the trustees shall, 



306 CORPORATIONS. 



at ail times, be the same as required in the thirty-fifth sec- 
tion of this act. No certificate of election, after the first, 
need be filed for record. 

Removal from § 40. A trustee may be removed from office by an elec- 
tion, called and conducted in like n:anner as elections for 
trustees, or his office declared vacant for a failure to act, 
immoral conduct, or for an abandonment of the faith of the 
congregation, church or society. 

Real ana per- § 41. Upon the incorporation of any congregation, church 
sonai property. or goc i e f;y 5 a ]} rea ] anc ] personal property held by any per- 
son or trustees for the use of the members thereof, shall 
immediately vest in such corporation and be subject to its 
control, and may be used, mortgaged, sold and conveyed 
the same as if it had been conveyed to such corporation by 
deed; but no ssch conveyance or mortgage shall be made 
so as to affect or destroy the intent or effect of any grant, 
devise or donation that may be made to such person or trus- 
tee for the use of such congregation, church or society. 

Gifts arid pur- § 42. Any corporation that may be formed for religious 

cbases of land. ° J \ . . •> . . . p ,, 

purposes under this act, or under any law ot this state tor 
the incorporation of religions societies, may receive, by 
gift, devise or purchase, land, not exceeding in quantity 
(including that already held by such corporation) ten acres, 
and may erect or build thereon such houses, buildings or 
other improvements as it may deem necessary for the con- 
venience and comfort of such congregation, church or so- 
ciety, and may lay out and maintain thereon a burying 
ground ; but no such property shall be used except in the 
manner expressed in the gift, grant or devise, or, if no use 
or trust is so expressed, except for the benefit of the con- 
gregation, church or society for which it was intended. 
Trustees to § 43. The trustees shall have the care, custody and con- 
controi property trol of ^ real and persona i p rope rty of the corporation, 

subject to the direction of the congregation, church or soci- 
ety, and may, when directed by the congregation, church 
or society, erect houses or buildings and improvements, and 
repair and alter the same, and may, when so directed, mort- 
gage, incumber, sell and convey any real or personal estate 
of such corporation, and enter into all lawful contracts in 
the name of and in behalf of such corporation : Provided, 
that no mortgage, incumbrance, sale or conveyance shall 
be made of any such estate, so as to defeat or destroy the 
effect of any gift, grant, devise or bequest which may be 
made to such corporation; but all such gifts, grants, devises 
and bequests shall be appropriated and used as directed or 
intended by the person or persons making the same, 
societies here- § 44* Any congregation, church or society, heretofore 
rated 6 incorpo " incorporated under the provisions of any law for the incor- 
poration of religious societies, may become incorporated 
under the provisions of this act, relative to religious socie- 
ties, in the same manner as if it had not previously been in- 



CORPORATIONS. 307 



corporated, in which case the new corporation shall be en- 
titled to and invested with all the real and personal estate 
of the old corporation, in like manner and to the same ex- 
tent as the old corporation, subject to all the debts, contracts 
and liabilities. The word trustees, wherever used in this 
act, shall be construed to include wardens and vestrymen, 
or such other officers as perform the duties of trustees. 

§ 45. Any congregation, church or society, incorporated camp meetings. 
under this act, may receive, by grant, devise or bequest, 
real estate, not exceeding forty acres, for the purpose of 
holding camp meetings, and may put such improvements 
thereon as they may deem for their comfort and convenience. 
The title to such real estate shall be in such corporation, 
subject to like conditions as are provided in this act in regard 
to other real estate held by such corporation. 

§ 46. The trustees, or any other persons designated by a n| li t f a c ^g books 
any such congregation, church or society incorporated under 
this act, shall have power to publish, print, circulate, sell 
or give away such religious, Sabbath school and missionary 
tracts, periodicals or books as they may deem necessary to 
the promotion of religion and morality. 

§ 47. This act is subject to any limitation or modifica- Subject .to mod- 
tion which may be hereafter enacted by general law, as to 1 Ci " 
the amount of real estate and personal property to be held 
by the corporations respectively provided for herein for re- 
ligious purposes. 

§ 48. No corporation, association or society for any pur- 
pose authorized by this act shall be formed under any 
other act. 

§ 49. All acts or parts of acts in conflict with the provi- Acts repealed, 
sions of this act are hereby repealed : Provided, that the 
repeal of said acts shall not affect any corporations existing 
under any such acts, or any rights or liabilities that may 
have accrued when this act shall take effect ; but such rights 
and liabilities shall remain as though this act had not been 
passed. 

Approved April 18, 1872. 



308 



COUNTY COMMISSIONERS. 



COUNTY COMMISSIONERS. 



In force July 1, AN ACT to provide for the election of a Board of Commissioners in Cook 
1871- county and to prescribe their duties. 



Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That on the 

Election of fi rs t Tuesday after the first Monday of November, in the 

commissioners. _ -L 1 . : f. . ' 

year ot our Lord one thousand eight hundred and seventy- 
one, there shall be elected, by the legal voters of Cook 
county, fifteen commissioners, five of whom shall hold their 
office one year, five two years, and five three years, to be 
determined by lot : and annually thereafter there shall be 
elected five commissioners, for the term of three years. 
Any vacancy may be filled at the next annual election. Ten 
of said commissioners shall be elected from the city of Chi- 
cago, and five of said commissioners shall be elected from 
the towns outside of said city, as follows : one from the 
district composed of Lake View, Jefferson, Niles, Evanston, 
New Trier, and Northfield ; one from the district composed 
of the towns of Wheeling, Palatine, Barrington, Hanover, 
Schaumburg, Elk Grove, and Maine ; oue from the district 
composed of the towns of Leyden, Cicero, Proviso, River- 
side, Lyons, and Lake ; one from the district composed of 
the towns of Hyde Park, Worth, Calumet and Thornton, 
and one from the district composed of the towns of Bloom, 
General ticket. Rich, Bremen, Orland, Palos and Lemont. The commis- 
sioners elected under this act shall be elected upon a general 
ticket, and the votes shall be returned and canvassed the 
same as for other county officers. Their term of office shall 
begin on the first Monday of December, after their election, 
and they shall hold their office until their successors are 
elected and qualified. 

§ 2. The said commissioners shall take the oath of office 
prescribed by the constitution. They shall have regular 
meetings on the first Mondays of December, March, June 
and September of each year. They shall be known as ''The 
Board of Commissioners of Cook county," and as such board 
of commissioners shall supersede the board of supervisors 
in Cook county in the management of the county affairs of 
6aid county, and shall exercise the same powers, perform 
the same duties, be subject to the same rules, regulations 
and penalties, and receive the same compensation for their 
services as prescribed by law for the board of supervisors. 

Approved April 22, i87i. 



Term of office. 



To take oath 
of office. 



Style of board. 



Powers. 



COUNTY SEATS. 309 



COUNTY SEATS. 



AN ACT to provide for the removal of county seats. In force July 1, 

1872. 

Section 1. Beit enacted by the People of the State of 
Illinois, represented in the General Assembly, That all Elections for 
elections for the removal of county seats shall be held on 
the second Tuesday after the first Monday of November, at 
the usual places of holding elections; and the same persons 
who were judges and clerks of the next preceding general 
election, in their respective election precincts, shall act as 
judges and clerks of such county seat elections; and all 
vacancies in the respective boards of election shall be filled 
in the same manner as at general elections. 

§ 2. Public notice shall be given of the intention to cir- Notice of pe- 
culate a petition praying for an election for the removal ot 
the county seat of any county from its then present location 
to some other point within said county, and in said petition 
designated, at least ten days before the same is circu- 
lated, by publication in some newspaper printed in said 
county, and by posting three printed notices in three 
public places at the county seat, one of which shall be 
placed on the court house door, and a like number at the 
place to which the county seat is proposed to be removed, 
in which notices the intent of such petition shall be set 
forth; and all signers to such petition procured before such 
notice is given or procured, six months before the first day 
of the term of court at which the application is to be 
made, shall be void, and stricken from such petition; and 
whenever such petition or petitions, addressed to the county 
court of such euunty, and stating the time when such elec- 
tion shall be held, shall be signed by a number of legal 
voters of said county, at general elections, who are not resi- 
dents of the city, or township (if the county seat is not in a 
city) in which the county seat is located, equal in number 
to two-fifths of all the votes cast in said county at the last 
preceding presidential election therein, and shall be filed in 
the office of the clerk ot the county court of said county, 
Dot less than forty nor more than eighty days before the first 
day of the next September term of the county court in such 
county, such petition shall be deemed a proposal to remove 
the county seat of such county, and the point designated in 
said petition shall be deemed and taken as fixed by said 
petition, in pursuance of law, whenever the court shall order 
an election to such point as hereinafter provided, as the 
point to which it is proposed to remove the county seat of 
such county. There shall also be filed in the office of said Affidavit of io- 
clerk, with said petitions, an affidavit of three legal voters cal ty * 



310 COUNTY SEATS. 



of said county, stating whether or not the point named in 
said petition or petitions, to which it is proposed to remove 
the county seat of such county, is nearer to or further from 
the center of such county than the county seat; which affi- 
davit may be traversed by the affidavit of any other three 
legal voters of said county, within ten days from the filing 
thereof; and if so traversed the county court shall, at the 
next September term of said court, after hearing evidence 
in the case, decide whether or not the point to which it is 
proposed to remove the county seat, is nearer to or further 
from the center of said county than the county seat. 

Residence of § 3. Each petitioner signing such petition shall write or 
cause to be written opposite to his name on said petition, 
the name of the city and ward in which he then resides, if 
he resides in a city, or if he does not reside in a city, then 
the name of the precinct or township in which he resides at 
the time of signing such petition ; and no person shall sign 
such petition unless he shall be, at the time, a legal voter in 
said county at general elections. 

To be open to a 4. Said petition or petitions shall, after the same are 

inspection. _, °. . "; „ , *. , „ . ' 

filed in the office ot the clerk ot the county court, be open 
to the inspection of any and all citizens of the county, but 
shall not be removed therefrom, 
contest of pe- § 5. Any citizen and legal voter at general elections in 
said county, may contest the right of any person whose 
name is subscribed to said petition, to sign such petition 
under this act, and shall also have the right to contest said 
petition as to any names subscribed thereto that he shall 
have good reason to believe, and does believe, are fictitious, 
and no others: Provided, he shall, ten days before the first 
day of the next September term of the county court, file in 
the office of the clerk of the county court of such county, a 
list of the names of such persons whose right to sign such 
petition he is desirous of contesting, together with his affi- 
davit, indorsed thereon, that he has good reason to believe, 
and does verily believe, that such persons named in said list 
are not legal voters of such county, and had no right in law 
to sign said petition; and shall also file in the office of said 
clerk, ten days before said September term of the county court, 
a list of such names as he has reason to believe are fictitious, 
together with his affidavit, indorsed thereon, that he has good 
reason to believe, and does verily believe, that such names are 
fictitious ; and such persons shall have the right to contest 
such petitions only as to the names included in said lists, 
jwnen petition § 6. Whenever such petition or petitions and affidavit 
fiieaf avl are named in section two of this act shall be tiled in the office of 
the clerk of the county court of such county, it shall be the 
duty of the clerk, within ten days from the date of the filing 
of said petition or petitions and affidavit in his said office, to 
cause to be published in one or more newspapers published 
in such county, and if no newspaper shall be published in 



COUNTY SEATS. 311 



said county then in the newspaper published nearest to the 
county seat of said county, a notice that such petition or pe- 
titions and affidavit have been filed in his said office, stating 
the time when they were so filed, and setting forth therein 
the substance of such petition or petitions and affidavit, and 
giving notice that on the first day of the next September 
term of said court, said court will hear testimony for and 
against said petitions, as to the list or lists of names on such 
petition, as may be filed in his office under and in compliance 
with section five of this act, and for or against such affidavit 
if the same has been traversed as provided in section two of 
this act. It shall be the duty of said court, on the first day 
of and during the said September term, to hear all evidence 
for and against said petition or petitions, as to the list or 
lists of names, filed in said court under section five of this 
act, and to strike from such petition or petitions all such 
names proven by competent evidence to be fictitious, or the 
names of persons having no legal right to sign the same 
under this act ; and in case there shall be but one petition 
and no contest as to the same, or if there shall be a contest 
as to the same, and said petition shall, after striking there- 
from all fictitious and illegal names, still contain the number 
of names of legal voters required by the second section of 
this act, the court shall order said election, according to the 
prayer of said petition. But in case there shall be two pe- 
titions filed in 6aid court, praying for a vote to remove the 
county seat of such county to different points in said county, 
each, after striking therefrom all illegal and fictitious names, 
still being signed by two-filths of the legal voters ot the 
county, as required by section two of this act, then if the 
petition praying for a vote to remove the county seat nearer 
to the geographical centre of the county than the point 
named in the other petition shall be signed by a numoer of 
names equal to or greater than one-half of the sum of the 
names signed to the two petitions, the said court shall order 
the election for the removal of the county seat to that point 
nearest to the geographical centre of the county, according 
-to the prayer of said petuion ; but if the other, of said two 
petitions shall be signed by a number ot legal voters of said 
county, equal to three-fifths of the sum ot the names signed 
to the two petitions, then the court shall order the election 
for the removal of the county seat of such county to said 
last mentioned point, and not otherwise, in case of a con- 
test as to said petition or petitions, as provided for in this 
act, it shall be the duty of the clerk of said court, on re- 
quest of the person contesting any petition under the pro- 
visions of this act, to issue subpoenas for such witnesses as 
said person shall nauie ; and it snail be the duty of said 
clerk, on request or any legal voter of the county, for the 
purpose ot sustaining any petition, in like manner to issue 
subpoenas lor such witnesses as he shall name — said sub- 



312 



COUNTY SEATS. 



Cases ot con- 
test shall have 
precedence. 



poenas to be made returnable to the term of court at which 
such contest will be made. 

§ 7. All cases of contest arising upon said petitions or 
affidavit shall have precedence over all other cases at the 
September term of said court, and shall be heard and de- 
termined at said term, and the decision of the county court 
shall be final. And in case of the sickness or other inabil- 
ity of said county judge to preside, or in case of a vacancy 
in said office, then it shall be the duty of the circuit judge 



Judges of elec' 
tion. 



Challengers 



Ballots. 



of the circuit in which said county is located, to attend, 
hear and determine said contest. 

§ 8, Whenever the court shall order any county seat 
election under the provisions of this act, the court shall ap- 
point three resident legal voters of the point to which it is 
proposed to remove the county seat, for each and every 
voting place in the city, precinct or township in which the 
county seat is situated, also to appoint three resident legal 
voters of the county seat for each and every voting place 
in the city, precinct or township to which it is proposed to 
remove the county seat, to sit with the regular judges to act 
as challengers of election at the voting places to which they 
are respectively assigned, and it shall be their duty to act 
as such challengers and to challenge any and all persons 
whom they have good reason to believe are not legal voters 
at such county seat election, and they shall sit with such 
judges of election until the close of said election, and during 
the canvass of the votes at said election. The said chal- 
lengers, who are thus appointed to act with the regular 
juages of election, may, if they desire so to do, make an 
a'ffidavit before any person authorized to administer oaths, 
setting forth in such affidavit that they have been appointed, 
as above provided, out of the city, precinct, township or 
ward where they would otherwise be voters, and that they 
desire to vote at such county seat election ; which affidavit, 
together with the ballot, shall be sealed up in an envelope 
and left with one of the judges of election for the precinc:., 
and on the day of election shall be by him presented to the 
board of election and opened in their presence. The affida- 
vit shall be tiled, kept and returned with the ballots for that 
precinct as other affidavits are, and the ballot shall be num- 
bered and deposited in the ballot box, and the name entered 
on the poll books the same as other votes are. 

§ 9. The voting at any county seat elections shall be 
by ballot, and each ballot shall have printed or written 
thereon the words "For removal," or ''Against removal." 
The polls shall be opened at eight o'clock A. M., and remain 
open until six o'clock P. M., at which time the polls may be 
closed, unless a majority of the board shall determine to 
keep open later. But the polls shall not, in any event, be 
kept open later than eight o'clock P. M. of the day of said 
election. 



COUNTY SEATS. 



313 



§ 10. No registration of voters shall be made or re- No registration 

• -i n i i !• , i i« i j.i.- i. of voters requi- 

quired tor holding any county seat election under tnis act. red. 
The board of election shall, in each township, precinct or 
ward, keep two lists or poll books of the names of the per- 
sons whose votes are received ; each name shall be num- 
bered, and a corresponding number marked on each ballot 
before it is placed in the ballot box, which said poll books 
shall each be certified as correct by the judges and clerks 
of election. At the close of the polls in each precinct, 
township or ward, the board of election shall canvass the 
votes cast at such poll or voting district, and shall make two 
tally lists, one of which, together with one of the aforesaid 
poll books, and the ballots cast in such precinct, township 
or ward, properly strung, and the affidavits made at such 
election, and certificate of the result of said election made 
and certified by such board, shall be sealed up together and 
delivered by one of the board of election, to be selected by 
the said board at that time, to the county clerk, within four 
days thereafter. The other poll book and tally list shall be 
retained by one of the judges of election for that township, 
precinct or ward. 

§11. No person shall vote at said election who does when v ° te ia 
not possess the qualifications mentioned in the affidavit in 
this section. Any person offering to vote at any county 
seat election, whose right to vote shall be challenged by 
any challenger, member of the board of election, or by any 
voter of the county, shall answer under oath such questions 
as may be propounded to him touching his qualifications as 
a voter, and shall take and subscribe the following oath : 



challenged. 



State of Illinois, ) 
. . . County. y 
I do solemnly swear that I am a citizen of the United States, and of this Oath of voters. 
state, (or I was an elector in this state on the first of April, eighteen hundred 
and forty-eight, or obtained a certificate of naturalization before a court of re- 
cord in this state prior to the first of January, eighteen hundred and seventy, 
and); that I am above the age of twenty-one years; that I have resided in this 
state for one year immediately preceding this election ; that I am a bona fide 
resident of this county, and have permanently resided herein for the last six 
months immediately preceding this election; tint I am a legal voter of (here 
insert the name of the election precinct,) and have permanently resided therein 
for the last ninety days immediately preceding this election, and that I have not 
voted at this election. 

(Signed,)' A £.... 

He shall also procure two witnesses, who are at that time witnesses. 
legal voters of the township or precinct, who shall take and 
subscribe the following oath, namely : 

State of Illinois, ) 

n 4 >• ss 

.... County. \ 

We the undersigned do solemnly swear that we are voters, and legally enti- 
tled to vote at this election; that we have known A. ... B...., the person 
now offering to vote at this election, for six months ; that he has been a perma- 
nent resident of this county for sis months last past, and for the ninety days 
immediately preceding this election has permanently resided in (township or 
precinct. ) 

ft... Z>...., 
E.... F.... 

—31 



314 



COtmTY SEATS. 



Number of vo> 
ters in county. 



f Which oaths shall be subscribed and sworn before any 
officer authorized to administer oaths. The board of elec- 
tion shall receive and count the vote of any challenged per- 
son who shall present to them with his vote the oaths afore- 
said. The said oaths shall all be carefully preserved by 
the board of election, and returned and kept with the poll 
Fraudulent book, tally list and ballots, as provided by this act. Any 
person swearing falsely concerning his right to vote, or con- 
cerning the right of another to vote at any such election, or 
any person who shall cast a fraudulent vote at any such 
election, or who shall vote at such election not having a 
right to vote at such election, or who shall cast a vote at 
such election in any other name than his own, or who shall 
vote more than once at such election, shall be deemed 
guilty of a high misdemeanor, shall be liable to be in- 
dicted therefor, and shall, on conviction, be punished by 
confinement in the penitentiary to hard labor for a term of 
not less than one year nor more than five years. 

§ 12. The number of legal votes cast at any county 
seat election held under this act, shall be deemed and taken 
for the purposes of such an election as pri?na facie evidence 
of the number of legal voters of that county at that time 
entitled to vote on the question ; but in case it shall be- 
come necessary, in consequence of a contest of an election 
held under this act, to ascertain the number of voters of the 
county entitled to vote upon the question, the court in 
which the contest may be pending, may ascertain the num- 
ber of such voters by taking, or causing to be taken, legal 
evidence, tending to show the actual number of the legal 
voters of the county entitled to vote upon such question at 
the time of such election. Courts of equity shall have ju- 
risdiction of all cases of contested election arising under this 
act, and may investigate and determine all questions of 
fraud and fraudulent voting connected therewith, and purge 
the poll books and returns of all illegal or fraudulent votes ; 
and may investigate and ascertain the total number of legal 
voters of the county at the time of such election entitled to 
vote on the question, whether they voted or not, and ascer- 
tain and determine whether or not such election was fairly 
carried by three-fifths or a majority of all the legal voters 
of the county, as required by the constitution, and make 
such decree as the circumstances of the case may require. 
Any of the legal voters and taxpayers of the county who 
may desire so to do, as well as the town, city or village to 
or from which it is proposed to remove such county seat, 
may be made, or on their petition may become parties to 
such suits, either as complainant or defendant. 

§ 13. On or before the first Tuesday after said election, 
the clerk of the county court shall summon to his aid two 
justices of the peace, one of whom shall be a resident of the 
place to which it is proposed to remove the county seat, 



Canvass 
votes. 



COUNTIES. 



315 



and the other a resident of the county seat, if such there be, 
and if there be no justices of the peace resident in those ' 
places, then any two justices of the peace of said county, 
who shall, together with said clerk, open and canvass the 
votes and returns of said election, made and filed in his 
office, in the same manner as now provided by law in the 
case of elections for county officers ; the result of which 
canvass shall, by the clerk of the county court, be spread on 
the records of the county court in counties not under town- 
ship organization, and on the records of the board of super- 
visors in counties under township organization, and also by 
him be duly certified to the secretary of state. 

§ 14. When the attempt is made by such an election to Number of 
remove a county seat to a point nearer to the center of such votes necessaiy 
county than the county seat then is, and a majority of the 
legal voters of said county entitled to vote on the question 
of removal shall be " for removal," the county seat is 
thereby removed to the point named in the petition. When 
the attempt is made by such an election to remove a county . 
seat to a point not nearer to the center than the county 
seat then is, and three-fifths of the legal voters of such 
county entitled to vote on the question shall be "for re- 
moval," then said county seat of said county is thereby 
removed to the point named in the petition. 

§ 15. Any member of the board of election, county Failure to per= 
judge, associate justice, county clerk, sheriff, or any other 
officers or persons who may be charged with the perform- 
ance of any duty under this act, and who shall willfully fail 
therein, or shall perform such duty otherwise than is in 
this act prescribed, shall be deemed guilty of a misdemea- 
nor, shall be liable to be indicted therefor, and on convic- 
tion shall be fined not less than five hundred dollars nor 
more than five thousand dollars, or imprisoned in the 
county jail not less than six months nor more than one year, 
or both. 

Approved March 15, 18T2. 



form duties. 



COUNTIES. 



AN ACT to repeal part of section ten (10) of an act entitled "An act to create In force March 
and organize the counties therein named." 10 i 18 71. 

Whereas, by an act entitled " An act to create and or- Preamble, 
gauize the counties therein named," in force January 15, 
1831, it is provided by section ten (10), which reads as fol- 
lows : " The public buildings at Chicago shall be erected 



316 COUNTIES. 



on the public square, as laid off by the canal commissioners, 
on the south side of the Chicago river, and on the public 
square laid off at Ottawa, on the north side of the Illinois 
river; therefore, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That so much 
Part of act re- of said section ten (10) of the act above referred to as re- 
pealed, quires the jail of LaSalle county to be erected on the public 

square in Ottawa, be and the same is hereby repealed. 
Emergency. § 2. Inasmuch as the jail of the said county of LaSalle 

is in a bad condition, and the board of supervisors of said 
county desire to proceed immediately to erect a new jail, 
and have already appropriated money for that purpose, an 
emergency exists requiring that this act should take effect 
immediately : therefore, this act shall take effect and be in 
force from and after its passage. 
Approved March 10, 1871. 



In force July 1, AN ACT to attach the county of Tazewell to the central grand division. 
1872. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly^ That the 
county of Tazewell be detached from the northern grand 
division and be added to the central grand division ; and 
that hereafter the said county of Tazewell shall constitute 
and form a part of the central grand division, for all judi- 
cial purposes: Provided, that nothing herein contained 
shall in any manner interfere with any suit now pending in 
the supreme court for the northern grand division, either 
upon appeal from or on writs of error to the said county of 
Tazewell. But that all appeals heretofore prayed for from 
or writs of error sued out to said county of Tazewell, shall 
be heard and determined in the supreme court for the said 
northern grand division. 

Approved April 3, 1872. 



COURTS—CIRCUIT. 317 



COURTS— CIRCUIT. 



AN ACT to fix the times of holding courts in the first judicial circuit. in force March 

15, 1872. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That here- 
after the times of holding circuit courts in the several coun- 
ties composing the first judicial circuit, shall be, in each 
year, as follows, to -wit : 

Spring Term. — In the county of Greene, on the first 
Monday of March ; in the county of Jersey, on the third 
Monday of March ; in the county of Calhoun, on the second 
Monday of April ; in the county of Scott, on the fourth. 
Monday of April ; in the county of Morgan, on the second 
Monday of May. 

Summer Term. — In the county of Morgan, on the third 
Monday of August. This August term shall be devoted 
exclusively to the impanneling of a grand jury, the trial of 
criminal cases, and the transaction of any business in civil 
and chancery cases, not requiring a jury trial, or where a 
jury may be waived. 

Fall Term. — In the county of Greene, on the first Mon- 
day of September ; in the county of Jersey, on the third 
Monday of September ; in the county of Calhoun, on the 
second Monday of October ; in the county of Scott, on the 
fourth Monday of October ; in the county of Morgau, on 
the second Monday of November. 

§ 2. It is hereby declared that an emergency exists that Emergency. 
this act should take effect and be in force immediately on 
its passage, by reason of a necessity for the proj)osed change, 
in order to secure the prompt administration of justice in 
said counties, and therefore this act shall take effect and be 
in force from and after its passage. 

Approved March 15, 1872. 



AN ACT to fix the time of holding the circuit court in the several counties i n f orce j a n. 12 
composing the second judicial circuit. 1872. 

Seoiion 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Time of hold- 
time for holding the circuit court in the second judicial cir- k^ 001111, 
cuit of this state shall be as follows : 

In the county of Monroe, on the first Mondays in March 
and September. 



318 COURTS— CIRCUIT. 



In the county of Kandolph, on the second Mondays there- 
after. 

In the county of Washington, on the second Mondays 
thereafter. 

In the county of Marion, on the third Mondays there- 
after. 

In the county of Clinton, on the third Mondays there- 
after. 

And in the county of Marion, on the second Monday of 
January. 

cierks ify cbxllit § ^' ^ ie secretar y °f state 8na ll immediately transmit 
to the clerk of the circuit court of the said several counties 
a certified copy of this act. 

Emergency. § 3. An emergency having arisen, whereby it is neces- 

sary for the interests of the people of Washington county 
that an additional week should be added to their spring and 
fall terms of circuit court; and whereas it is necessary for 
the interest of the people of Marion county that the Febru- 
ary term of the circuit court of said Marion county, hereto- 
fore created, should be abolished : therefore this act shall 
be in force and take effect from and after its passage. 

§ 4. All laws in conflict with the provisions of this act 
are hereby repealed. 

Approved January 12, 1872. 



In force Jan. 31, £N ACT to create an additional term of the circuit court in Jackson county, 
and to fix the times of holding the circuit court in the several counties com- 
posing the third judicial circuit. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That here- 
Adaitionai term after there shall be held, annually, an additional term of 
the circuit court in Jackson county, with all the powers, 
duties, rights and privileges belonging, appertaining or inci- 
dent to the regular terms of the circuit court in said county. 
Times ot hold- § 2. The times for holding the regular terms of the cir- 
mg court. cu ^ t court j n tue sever al counties composing the third judi- 
cial circuit, shall hereafter be as follows : 

In Union county, on the second Monday in April and the 
fourth Monday in October. 

In Jackson county, on the fourth Monday in August, the 
third Monday in May, and the fourth Monday in Novem- 
ber. 

In Perry county, on the first Monday • in May and the 
second Monday in November. 
Repealed. § 3. All laws and parts of laws in conflict with the pro- 

visions of this act are hereby repealed. 
Emergency. § 4. Whereas the accumulation of suits, prosecutions 

and business in the circuit court of Jackson county renders 



C0TTRTS — CIRCUIT. 319 



it necessary that the first additional term of said court be 
held on the fourth Monday in August, in the year of 
our Lord eighteen hundred and seventy-two, an emergency 
exists, rendering it necessary that this act should take effect 
immediately : therefore this act shall take effect and be in 
force from and after its passage. 
Approved January 31, 1872. 



AN ACT to fix the times of holding courts in the fourth judicial circuit. In force July l, 

1872. 

Section 1. Be it enacted by the People of the State of 
Illinois* represented in the General Assembly, That the 
times of holding court in the fourth judicial circuit shall 
hereafter be as follows : 

In the county of Effingham, on the first Tuesdays of 
April and September of each year. 

In the county of Crawford, on the first Mondays of May 
and October of each year. 

In the county of Clark, on the fourth Mondays of May 
and October of each year. 

In the county of Jasper, on the third Mondays of June 
and November of each year. 

In the county of Cumberland, on the second Mondays of 
July and December of each year. 

Approved April 5, 1872. 



AN ACT to attach Mercer county to the sixth judicial circuit, and to provide In force Jan. 4, 
for the time of holding courts in said county. 1872. 

Whereas the business of the tenth judicial circuit for the Emergency. 
state of Illinois is so great that it is impossible for the pre- 
siding judge to transact the same, whereby great numbers 
of cases have accumulated in each county composing said 
judicial circuit, and by reason thereof an emergency exists 
making it necessary to take the county of Mercer from said 
tenth judicial circuit, and attach the same to the sixth judi- 
cial circuit, in order to equalize the business of said judi- 
cial circuits ; and whereas, also, the condition of said busi- 
ness in said tenth judicial circuit creates an emergency, 
demanding immediate change ; therefore. 

Section 1. Beit enacted by the People of the State of 
Illinois, represented in ttit General Assembly \ That the Mercer county, 
county of Mercer be detached from the tenth judicial circuit, 
and that the same be attached to the sixth judicial circuit ; 



320 



COURTS — CIRCUIT. 



and that the terms of court in said county shall commence 
on the fourth Mondays of March and November and the 
second Monday in August in each year : Provided, that no 
grand jury shall be summoned for the August term, unless, 
in the opinion of the judge of said circuit, it shall be neces- 
sary for the speedy administration of justice and the public 
good. 

§ 2. All laws in conflict with this act are hereby re- 
pealed. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved January 4, 1872. 






In force Jan. 12, AN ACT to regulate the time of holding courts in the eighth judicial 



18T2. 



circuit. 



ing courts. 



Processes 
turnable. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Time of told- regular terms of the circuit court in the eighth judicial cir- 
cuit shall be held as follows : In the county of McLean, on 
the third Monday in August, the first Monday in Novem- 
ber, the fourth Monday in January, and the first Monday in 
May. In the county of DeWitt, on the third Monday in 
September, the first Monday in December, and the first 
Monday in March. In the county of Logan, on the first 
Monday in October, the first Monday in January, and the 
first Monday in April. 

§ 2. All processes issued and made returnable to the 
terms of said circuit court, as heretofore provided by law, 
shall be deemed and taken as returnable to the terms of 
said circuit court, as provided for in this act. 

§ 3. The regular grand jury in each of the counties of 
said circuit shall be convened as follows : In the county of 
McLean, at the regular terms in August and January. In 
the county of DeWitt, at the regular terms in December 
and March. In the county of Logan, at the regular terms 
in October and April. 

§ 4. Whereas by the great increase of legal business in 
the counties of McLean and DeWitt, and the insufficient 
number of terms of said court in said counties, an emer- 
gency has arisen as a reason why this act shall take effect 
immediately : therefore this act shall take effect and be in 
force from and after its passage. 

Approved January 12, 1872. 



Emergency. 



COURTS — CIRCUIT. 321 



AN" ACT to define the ninth judicial circuit, and to fix the time of holding in force July 1, 
circuit court therein. 1872. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That here- 
after the counties of LaSalle and Bureau shall constitute 
and be the ninth judicial circuit of this state. 

§ 2. That there shall be three terms of the circuit court Terms of court, 
held in each year in each county : 

In the county of LaSalle, to commence as follows : On LaSaiie county 
the first Monday in February, on the second Monday in 
May, and on the second Monday in October : Provided, 
that the first two weeks of the said May term shall be set 
apart for chancery business only. 

In the county of Bureau, to commence as follows : On Bureau county . 
the third Monday in March, on the fourth Monday in Au- 
gust, and on the first Monday in December. 

§ 3. That all acts or parts of acts in conflict with this act 
are hereby repealed. 

Approved March 27, 1872. 



AN" ACT to regulate the time of holding court in the twelfth judicial circuit of In force Feb. 9, 

this state. 1872 . 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That here- 
after the circuit court in the twelfth judicial circuit sha)l be 
held as follows, viz : 

SPRING TERMS. 

In the county of Jefferson on the first Monday of March ; 
in the county of Hamilton on the second Mondays there- 
after ; in the county of "Wayne on the second Mondays 
thereafter; in the county of Edwards on the second Mon- 
day thereafter; in the county of Wabash on the first Mon- 
day thereafter; in the county of White on the second Mon- 
day thereafter. 

FA.LL TERMS. 

In the county of Jefferson on the second Monday in Au- 
gust ; in the county of Hamilton on the third Mondays 
thereafter ; in the county of Wayne on the second Mondays 
thereafter ; in the county of Edwards on the second Mon- 
day thereafter ; in the county of Wabash on the first 
Monday thereafter ; in the county of White on the second 
Monday thereafter. 
—32 



322 COURTS — CIRCUIT. 



secretary of § 2. The secretary of state shall immediately transmit 
to the clerks of the circuit court of each of said counties 
a certified copy of this act. 
Emergency. § 3. In consequence of the want of convenience to the 

inhabitants of said counties, and of parties litigant in said 
courts, and the time heretofore allotted to the court in 
White county, being insufficient for the transaction of the 
criminal and civil business in the circuit court of said White 
county, an emergency and necessity exists for this act to 
take effect and be in force before the first day of July next. 
This act shall, therefore, take effect and be in force from 
and after its passage. 

Approved February 9, 1872. 



In forre July 1, AN ACT to define the twentieth judicial circuit and to fix the time of holding 
1872 • court therein. 

Section 1. Be it enacted by the People of the State of 

Illinois^ represented in the General Assembly, That the 

counties com- twentieth judicial circuit shall be composed of the counties 

poung circuit. f Kankakee, Iroquois, Livingston and Ford, and the terms 

of court in said counties shall be begun and held as follows : 

In the county of Livingston, on the first Tuesdays of 
January and May and the second Tuesday of October ; 
Iroquois, on the first Tuesdays of March and November 
and the third Tuesday of June ; Kankakee, on the first 
Tuesdays of April and December and the third Tuesday of 
September; Ford, on the third Monday of February and 
third Tuesday of August. 

§ 2. All acts or parts of acts in conflict wiih this act 
are hereby repealed. 

Approved April 9, 1872. 



In force July 1, AN ACT to fix the time of holding the circuit court in the several counties 
"• composing the twenty-first judicial district. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
time for holding the circuit court in the twenty-first judicial 
circuit of this state shall be as follows : 

In the county of Tazewell on the first Mondays in Febru- 
ary, May, September and December; in the county of 
Mason on the first Monday in March, the second Monday 
in August, and four weeks after the first Monday in Octo- 



COURTS — CIRCUIT. 323 



ber; in the county of Menard on the fourth Monday in 
March, and first Monday in October ; in the county of Cass 
on the second Monday after the fourth Monday in March, 
and the third Monday in October. 

§ 2. All laws in conflict with the provisions of this act 
are hereby repealed. 

Approved April 15, 1871. 



AN ACT to fix the times of holding the courts in the twenty- second judicial In force July 1, 

circuit. 18 ^ - 

Section 1. Be it enacted by the Ptople of the State of 
Illinois, represented in the General Assembly, That here- 
after the times of holding circuit courts in the several coun- 
ties composing the twenty-second judicial circuit shall be as 
follows : In the county of Whiteside on the fourth Mon- 
day in August, the first Monday in December the second 
Monday in March and the second Monday in June ; in the 
county of Carroll on the third Monday in September, the 
first Monday in January and the second Monday in April ; 
in the county of Ogle, the first Monday in October, the 
third Monday in Jauuary, and the fourth Monday in April; 
in the county of Lee on the fourth Monday in October, the 
second Monday in February and the third Monday in May. 

Approved April 12, 1871. 



AN ACT to change the times of holding courts in the twenty-seventh judicial In force March 
circuit, and to repeal an act therein named. 22j I s72 - 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Times of noid- 
times for holding courts in the several counties composing iug court - 
the twenty-seventh judicial circuit of this state shall be as 
follows, to-wit; 

In the county of Douglas, on the first Tuesday in Febru- 
ary and the fourth Tuesday in August, in each year. 

In the county of Edgar, on the second Tuesdays there- 
after. 

In the county of Yermilion, on the third Tuesdays there- 
after. 

In the county of Coles, on the fourth Tuesdays there- 
after. 

§ 2. An act entitled "An act to fix the times of holding Repealed, 
circuit courts in the twenty -seventh judicial circuit, and for 
other purposes," approved January 30th, 1869, shall be and 
the same is hereby repealed. 



324 



COURTS CIRCUIT. 



Transmit 
to clerks. 



Emergency. 



act § 3. The secretary of state shall, immediately after the 
passage of this act, transmit to the clerks ot said courts a 
certified copy of this act. 

§ 4. And whereas an additional week is required to 
the time now limited by law, in order to the proper dispo- 
sition of business in said court in Vermilion county to be 
transacted at its next term, whereby an emergency has 
arisen, as a reason why this act should take effect forth- 
with : therefore, this act shall take effect and be in force 
from and after its passage. 

Approved March 22, 1872. 



In force July 1, AN ACT to define the twenty-eighth judicial circuit, and to fix the time of 
1872 - holding circuit court therein. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That here- 
counties. after the counties of Kane, DuPage and Kendall shall con- 

stitute and be the twenty-eighth judicial circuit in this 
state. 
Terms. § 2. That there shall be three terms of the circuit court 

held each year in the county of Kane, to commence as fol- 
lows : On the first Monday of February, on the first Mon- 
day of May, and on the first Monday of October, 

In the county of DuPage, as follows: Commencing on 
the third Monday of March, and on the third Monday in 
September. 

In the county of Kendall, to commence as follows : On 
the second Monday of January, and on the fourth Monday 
in May. 
Repealed. § 3. That all acts or parts of acts in conflict with this 

act are hereby repealed. 
Approved March 29, 1S72. 



In forcp July l, AN ACT to avoid inconveniencies arising from changing the times of hold- 
1871 - ing the terms of courts. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That when- 
ever the time for the holding of the term of any court has 
been or shall be changed by law, all summonses, subpoenas, 
writs, notices, bonds, recognizances, venires, papers and 
processes of any kind whatever, made and served for or 
returnable to the terms of court as existing prior to such 



COURTS — COUNTY. 325 



change, shall be deemed and taken and shall have the same 
force and effect as if the same had been made and served 
for and returnable to the terms of court as fixed by the law 
making such change. 

Approved April 12, 1871. 



AN ACT to provide for holding regular and special terms of the circuit court In force Dec. 9, 
in two or more counties in the same circuit, at the same time. 1S11. 

Section 1. Be it enacted by the People of the State of 
Illinois* represented in the General Assembly. That regular iu two or more 

*■ ^ counties. 

or special terms of the circuit court may be held in two or 
more counties in the same circuit at the same time; and it 
shall not be necessary to close any regular or special term 
of the circuit court in any county before the business of said 
term shah be disposed of, in order to begin a regular or 
special term in any other county in the same circuit, if any 
circuit judge of the state shall consent, at the request of the 
presiding judge of said circuit, to preside over the pending 
term, or open and hold such special or regular term in such 
other county. 

§ 2. Whereas the great press of business in some of the Emergency. 
circuit courts of this state requires that this act shall take 
effect immediately, this act shall take effect and be in force 
from and after its passage. 

Approved December 9,-4871. 



COURTS— COUNTY. 



AN ACT to increase the jurisdiction of county courts. Iu f orce j u ] y j 

1872. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That in jurisdiction, 
addition to the jurisdiction now conferred by law on the 
county courts of this state, they shall hereafter have juris- 
diction in the following cases : 

1. Concurrent jurisdiction with the circuit court in all concurrent, 
that class of cases wherein justices of the peace now or here- 
after may have jurisdiction, where the amount claimed or 
the value of the property in controversy shall not exceed 
five hundred dollars. 



326 COURTS — COUNTY. 



Appeals from 2. Concurrent jurisdiction in all cases of appeals from 

justices. justices of the peace and police magistrates : Provided, ap- 

peals from the county judge, when sitting as justice of the 
peace, shall be taken to the circuit court as now. 
Exclusive ju- 3. Exclusive jurisdiction in all criminal cases and misde- 

risdiction. meanors, where the punishment is not imprisonment in the 
penitentiary, or death: Provided, that when a defendant is 
indicted in the circuit court for a greater offense, and is 
found guilty of a lesser one, such as would have been pro- 
perly cognizable in the county court, the circuit court shall 
not be ousted of its jurisdiction, but may enter judgment 
and sentence as heretofore. The grand jury of the circuit 
court may indict for all offenses, as heretofore — which in- 
dictments, if for offenses cognizable in the county court, 
shall be certified to the county court for process and trial. 
Process and § 2. The process, practice and pleadings in the county 

practice. court, in the cases wherein jurisdiction is conferred by this 

act, shall be the same as is now or may hereafter be re- 
quired in similar cases in the circuit court ; and the process, 
orders and judgments of said court in such cases shall have 
the same form, force, lien and effect as in like cases in the 
circuit court. The clerk of the county court shall be allowed 
for his services in such cases the same fees as are or may be 
allowed the clerk of the circuit court for his services in simi- 
lar cases. 
Appeals and § 3. Appeals and writs of error shall be allowed from 
the final judgments of the county court, in cases under this 
act, to the circuit court, to be taken and tried in the same 
manner as is now or may hereafter be provided by law for 
appeals and writs of error from the circuit to the supreme 
court : Provided, it shall not be necessary to make out a 
copy of the record, but the clerk shall certify the original 
papers to the circuit court, nor shall it be necessary to print 
the abstracts and briefs : Provided, further, that this sec- 
tion shall not operate to deprive justices of the peace of any 
jurisdiction they now or may hereafter have : And, provi- 
ded, in all appeal in criminal cases the court shall iix the 
amount of the recognizance, and when the same is executed 
the defendant shall be discharged from imprisonment until 
otherwise ordered by the appellate court, on the dismissal 
or trial of the appeal ; and the securities may deliver their 
principal and be subject to liabilities, to be enforced as in 
other cases of recognizance. 

Jury. § 4. In all cases where a jury shall be demanded, the 

judge of said county court shall set all such cases down for 
trial at such times as shall be convenient, and shall order 
the sheriff to summon twenty-four jurymen to attend at such 
time, until such jury cases are disposed of, which jurors shall 
perform the same duties and receive the same pay as jurors 
in the circuit courts: Provided, that when such jury shall 
be summoned, jury cases shall have precedence of all busi- 



COURT COMMON PLEAS. 327 



ness in said court, until all such cases are disposed of. 
Said jurors shall be summoned, as nearly as may be, from 
the respective townships or precincts, in proportion to their 
population. 

§ 5. Criminal offenses shall be prosecuted in said court ei- criminal of- 
ther by affidavit of some competent witness or by information enses * 
of the state's attorney, setting forth the offense with reason- 
able certainty — upon which offenses the county court shall 
have the same jurisdiction, and the same proceedings shall 
be had as upon indictments in the circuit court. 

§ 6. The judge of the county court shall appoint a county county attor- 
attorney to prosecute criminal cases in said court, to hold 
his office until a county attorney is elected (in accordance 
with the constitution) and qualified, who shall receive as his 
compensation the fees now allowed to state's attorneys for 
similar services, except the salary paid by the state, and 
such other compensation as the county authorities may allow 
him out of the county treasury. 

§ 7. The provisions of this act shall not apply to coun- 
ties having, by the last state or federal census, one hundred 
thousand population. 

Approved April 5, 1872. 



COURT COMMON PLEAS. 



AN ACT to repeal an act entitled "An act to establish the court of common i n f orce April 
pleas in the city of Sparta, in Eandolph county." 6, 1871. 

Whereas, the court of common pleas in the city of Pl ' eamble - 
Sparta, in Randolph county, established by an act of the gen- 
eral assembly entitled "An act to establish the court of 
common pleas in the city of Sparta, in Randolph county," 
in force April twenty-sixth, in the year of our Lord eighteen 
hundred and sixty-nine, is unnecessary, and a source of great 
expense to the people of this state as well as the city of 
Sparta, wherefore it is deemed that an emergency exists Emergency. 
which requires this act to go into effect and be in force be- 
fore the first day of July next ; 

Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That the Act repealed. 
act establishing the court of common pleas in the city of 
Sparta, Randolph county, in force April twenty-sixth, in the 
year of our Lord eighteen hundred and sixty-nine, be and 
the same is hereby repealed. 



328 COURT COMMON PLEAS. 



cases trails- § 2. All causes now pending in said court of common 
cour e t d t0 clrcuit pleas shall be transferred to the circuit court of Randolph 
county, state of Illinois, and may be tried and disposed of 
in the same manner in said circuit court that they might 
have been in said court of common pleas. 
Books, papers § 3. AH books, papers, records and reports, of every 
kind and description whatsoever, belonging to the said court 
of common pleas, whether in thehands of the judge, clerk, 
marshal, deputy or commissioner of said court of common 
pleas, shall be transferred to the said circuit court, and shall 
have the same force and effect that they now have by law, 
and the records and papers aforesaid shall be taken charge 
of by the clerk of the circuit court of said county and re- 
tained in the said office of said circuit clerk. And after 
such records, books, reports and papers have been trans- 
ferred to said circuit court, fee bills and executions may 
issue from such circuit court on judgments rendered in said 
court of common pleas, which said fee bills and executions 
shall have the same effect and force as if issued from said 
court of common pleas before the passage of this act. 
copies or re- § 4. All copies of any such records, writs, judgments, 

ments. an JU s " executions, decrees and orders of said court of common pleas, 
and any return upon any such writ by an officer of said 
court, or other proceedings having been had in said com- 
mon pleas court, when property certified by the clerk of 
the said circuit court, may be read and used in evidence in 
any court of record in this state. 
Appeals and § 5. All appeals, writs of error, and all proceedings of 

wr.ts o! error an ^ ^[ Ql ^ whatsoever heretofore taken from or out of said 
court of common pleas to the supreme court of this state, 
shall, if remanded or returned for any cause, be remanded 
or returned to the said circuit court, and have the same 
force and effect in law as if originally began in said circuit 
court. 

writs of error § 6. Writs of error and appeals may be taken from the 

coim 6 supreme judgments and decrees of the said court of common pleas 
to the supreme court of this state, as is now provided by 
law, and the clerk of the said circuit court shall make up 
the records and certify to them in the same manner as now 
required of the clerk of the said court of common pleas. 

salaries. § 7. ISTo officer of said court of common pleas shall draw 

any salary or receive any pay or emoluments whatever for 
services performed after this act takes effect. 

§ 8. This act shall take effect and be in force from and 
after its passage. 

Appkoved April 6, 1871. 



COURTS OF CHANCERY. 329 



AN ACT to dispose of the dockets, books and papers, and settle the unfinished in foroe July 1, 
business of the late recorder's court of the city of Sparta, iu Randolph 1872. 

county, state of Illinois. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented im, the General Assembly, That all a n° c ^ a e p^ s b00ks 
dockets, books and papers belonging to the recorder's court 
of the city of Sparta, Randolph county, state of Illinois, 
shall be placed and remain in the custody and control of the 
police magistrate of the said city. 

§ 2. It shall be the duty of the said police magistrate, Jfaty of magi.*- 
when so required, to issne execution on any and all unexe- 
cuted judgments in the said recorder's court, and to make 
transcripts of judgments, as is required of justices of the 
peace, and as hereinafter required. 

§ '6. In all cases of judgment on the docket in said re- Transcript of 
corder's court, wherein the amount due shall exceed the sum r roceeam s s - 
of two hundred dollars, it shall be the duty of the said 
police magistrate, when so required, to make a transcript of 
all the proceedings in such case, and transmit the same to 
the clerk of the circuit court of Randolph county aforesaid, 
and the said clerk shall enter the same on the docket and 
proceed to issue any papers or writ thereon, and in the same 
manner as in transcript judgments from justices of the 
peace, and shall have the same force and effect. 

Approved April 9, 1872. 



COURTS OF CHANCERY. 



AN ACT to regulate the practice in courts of chancery. In force July 1, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the ce ^ u ° r d / of pro " 
several circuit courts of this state and superior court of 
Cook county, in all causes ot which they may have juris- 
diction as courts of chancery, shall, have power to proceed 
therein according to the mode hereinafter prescribed ; and 
where no provision is made by this act, according to the 
general usage and practice of courts of equity. 

§ 2. . The judges of the circuit courts and of the superior t J ?3f? s m , ay es ~ 
court of Cook county, in their respective circuits, may estab- 
lish rules of proceeding in chancery, and make all needful 
orders and regulations, consistent with the practice of courts 
of chancery, in cases not provided for by law. 

—33 



330 



COURTS OF CHANCERY. 



Suits commen- 
ced. 



Mode of com- 
mencing. 



Guardians and 
conservators. 



Court to ap- 
point guardian. 



Unknown own- 
ers as defend- 
ants, i 



Summons. 



Returnable. 



Process 



§ 3. Suits in chancery shall be commenced in the county 
where the defendants, or some one or more of them resides ; 
or if the defendants are all non-residents, then in any 
county ; or if the suit may aifect real estate, in the county 
where the same or some part thereof is situated. Bills tor 
injunctions to stay proceedings at law, shall be brought in 
the county in which the proceedings at law are had. 

§ 4. The mode of commencing suits in chancery shall 
be by filing a bill of complaint with the clerk of the proper 
court, setting forth the nature of the complaint. 

§ 5. Suits in chancery may be commenced and prose- 
cuted by infants, either by guardian or next friend, and by 
conservators on behalf of the persons they represent. 

§ ti. In any cause in equity it shall be lawful for the 
court in which the cause is pending to appoint a guardian, 
ad litem, to any infant or insane defendant in such cause, 
and to compel the person so appointed to act. By such ap- 
pointment, such person shall not be rendered liable to pay 
costs of suit ; and he shall, moreover, be allowed a reason- 
able sum for his charges as such guardian, to be fixed by 
the court, and taxed in the bill of costs. 

§ 7. In all suits in chancery, and suits to obtain title to 
lands, in any of the courts of this state, if there be persons 
interested in the same, whose names are unknown, it shall 
be lawful, to make such persons parties to such suits or pro- 
ceedings, by the name and description of unknown owners, 
or unknown heirs or devisees of any deceased person, who 
may have been interested in the subject matter of the suit 
previous to his or her death ; but in all such cases an affida- 
vit shall be filed by the party desiring to make any un- 
known person a party, stating that the names of such per- 
sons are unknown, and process shall be issued against all 
parties, by the name and description given as aforesaid ; 
and notices given by publication, as is required in this act, 
shall be sufficient to authorize the court to hear and deter- 
mine the suit, as though all parties had been sued by their 
proper names. 

§ 8. Upon the filing of every bill, the clerk of the court 
shall thereupon issue a summons, tested, dated and sealed 
as a summons in common law suits, directed to the sheriff 
of the county in which the defendant resides, if the defen- 
dant be a resident of this state, requiring him to appear and 
answer the bill on the return day of the summons ; and 
where there are several defendants residing in different 
counties, a separate summons shall be issued to each county, 
including all the defendants residing therein. 

§ 9. Every summons in chancery shall be made return- 
able to the next term of the court alter the date thereof, or 
the next succeeding term thereafter. 

§ 10. If, in any suit in chancery, the process shall not 
be returned executed on or before the return day thereof, 



COURTS OF CHANCERY, 



331 



the clerk, if required, shall issue an alias pluries, or other 
process, without an order of the court therefor. 

§ 11. Service of summons shall be made by aelivering service of sum- 
a copy thereof to the defendant, or leaving such copy at his 
usual place of abode, with some persoo of the family, of 
the age of ten years or upwards, and informing such per- 
son of the contents thereof. It service is not had at least 
ten days before the return day of such summons, the cause 
shall stand continued till the next term of the court. 

8 12. Whenever any complainant or his attorney shall Affidavit of 

i»i • (>-> r -i i i n i • i'i i • • complainant. 

file in the onice of the clerk of the court in which his suit 
is pending, an affidavit showing that any defendant resides 
or hath gone out of this state, or on due inquiry cannot be 
found, or is concealed within this state, so that process can 
not be served upon him, and stating the place of residence 
of such defendant if known, or that upon diligent inquiry 
his place of residence cannot be ascertained, the clerk shall 
cause publication to be made in some newspaper printed in 
his county, and if there be no newspaper published in his 
county, then in the nearest newspaper published in this 
state, containing notice of the pendency of such suit, the 
names of the parties thereto, the title of the court, and the 
time and place of the return of summons in the case; and 
he shall also, within ten days of the first publication of such 
notice, send a copy thereof by mail, addressed to such de- 
fendant whose place of residence is stated in such affidavit. 
The certificate of the clerk that he has sent such notice in 
pursuance of this section, shall be evidence. 

§ 13. The notice required in the preceding section may Notice - 
be given at any time after the commencement of the suit, 
and shall be published at least once in each week for four 
successive weeks, and no default or proceeding shall be 
taken against any defendant not served with summons, or a 
copy of the bill, and not appearing, unless forty days shall 
intervene between the first publication, as aforesaid, and the 
first day of the term at which such default or proceeding is 
proposed to be taken. 

§ 14. The complainant may cause a copy of the bill, tob^V/iivered 1 
together with a notice of the commencement of the suit, to 
be delivered to any defendant residing or being without 
this state, not less than thirty days previous to the com- 
mencement of the term at which such defendant is required 
to appear ; which service, when proved to the satisfaction 
of the court, shall be as effectual as if such service had 
been made in the usual form, within the limits of this state. 
The service by a copy of the bill may be proved by the 
affidavit of the person serving the same, made before any 
officer authorized to administer oaths in the place where the 
affidavit is made, or in case the service is made in any for- 
eign country, before any United States minister or consul 
residing in the country where the same is made. 



332 



COURTS OF CHANCERY. 



tinnanc e e.° r ° 011 " § 15. If, for want of due publication or service in time T 
the cause shall be continued, then the same proceedings 
may be had at a subsequent term of the court as might 
have been had at the term to which said summons is re- 
turnable. 

ant? 8 e 6immon- § ^" Every defendant who shall be summoned, served 

ed- with a copy of the bill or petition, or notified as required in 

this act, shall be held to except, demur, plead or answer on 
the return day of the summons ; or if the summons is not 
served ten days before the first day of the term at which it 
is returnable by the first day of the next term ; or in case of 
service by copy of the bill, or by notice, at the expiration 
of the time required to be given, or within such further 
time as may be granted by the court ; or, in default thereof,, 
the bill may be taken as confessed. 

biijf swer t0 the § ^- If tne defendant shall appear at the next term and 
offer to file his answer to the bill, the court may permit him 
to do so, upon his showing sufficient cause, and paying the 
costs of the preceding terms. In such case, the decree shall 
be vacated, and the cause may be proceeded in as in other 
cases, 
where bill is § 18. Where a bill is taken for confessed, the court, be- 

confessed. f orQ & ^ ugL \ d ecree j s ma de, if deemed requisite, may re- 
quire the complainant to produce documents and witnesses 
to prove the allegations of his bill, or may examine him on 
oath or affirmation touching the facts therein alleged. Such 
decree shall be made in either case as the court shall con- 
sider equitable and proper. 

Final decree. § 19. When any final decree shall be entered against 

any defendant who shall not have been summoned or been 
served with a copy of the bill, or received the notice required 
to be sent him by mail, and such person, his heirs, devisees, 
executor, administrator or other legal representatives, as 
the case may require, shall, within one year after notice 
in writing given him of such decree, or within three years 
alter such decree, if no such notice shall have been given 
as aforesaid, appear in open court and petition to be heard 
touching the matter of such decree, and shall pay such costs 
as the court shall deem reasonable in that behalf, the person 
so petitioning may appear and answer the complainant's 
bill, and thereupon such proceedings shall be had as if the 
defendants had appeared in due season and no decree had 
been made. And if it shall appear, upon the hearing, that 
such decree ought not to have been made against such de- 
fendant, the same may be set aside, altered or amended as 
shall appear just ; otherwise the same shall be ordered to 
stand'confirmed against said defendant. The decree shall, 
after three years from the making thereof, if not set aside 
in manner aforesaid, be deemed and adjudged confirmed 
against such defendant, and all persons ! claiming under 
him by virtue of any act done subsequent to the com- 



C0TJKT8 OF CHANCERY. 333 



mencement of such suit ; and at the end of the said three 
years, the court may make such further order in the prem- 
ises as shall be required to carry the same into effect. 

§ 20. When a bill, supplemental bill, bill of review, of Answer may 
reviewer, or cross bill, shall be filed in the court of chancery, oath. 
other than for discovery only, the complainant may waive 
the necessity of the answer being made on the oath of the 
defendant, defendants or any of them; and, in such cases, 
the answer may be made without oath, and shall have no 
other or greater force as evidence than the bill. 

§ 21. Every answer shall be verified by an oath or vermecibyoath. 
affirmation, except as provided in the foregoing section. 

§ 22. When a corporation, other than a municipal cor- whenacorpo- 
poration, is defendent to a bill or petition praying discovery a nt.° u5 
of any paper or matter alleged to be in the custody or with- 
in the knowledge of any officer or agent of the defendant, 
it shall not be necessary, for the purpose of procuring such 
discovery, to make such officer or agent a defendant, but 
the answer touching the paper or matter concerning which 
discovery is sought, shall be under the oath of such officer 
or agent the same as if he had been made defendant: 
Provided, no corporation shall be required to procure such 
answer under the oath of any person not under its control 
at the time when the bill is filed. 

§ 23. Every defendant shall answer fully all the allega- Defendant to 
tions and interrogatories of the complainant, whether an answerfull y- 
answer on oath is waived or not, except such as are not re- 
quired to be answered, by reason of exceptions, plea or 
demurrer thereto allowed. 

$ 24. When an answer shall be adiudged insufficient, . w he £. ^wer 
the defendant shall file a further answer within such time 
as the court shall direct, and on iailure thereof, the bill 
shall be taken as confessed ; if such further answer shall be 
likewise adjudged insufficient, the defendant shall file a 
supplemental answer, and pay all costs attendant thereon ; 
if that shall be adjudged insufficient, the defendant may be 
proceeded against for a contempt, and the like proceedings 
be had thereon, to enforce the order of the court, as in other 
cases of contempt. 

§ 25. When the complainant shall require a discovery Disclosure not 
respecting the matters charged in the bill, the disclosure conclU61ve> 
shall not be deemed conclusive, but if a replication be filed, 
may be disproved or contradicted, like any other testi- 
mony, according to the practice of courts of equity. 

§ 26. On the coming in of any answer, the complainant Further inter- 
may, by leave of court, exhibit and file further interroga- rogatones ' 
tories, to be answered by the defendant within such time as 
shall be fixed by the court. 

§ 27. All exceptions to answers or to interrogatories Exceptions. 
exhibited, shall be filed within such time as the court may 
direct, and be argued at such time as the court may appoint. 



33 i 



COUETS OF CHANCERY. 



Replications. 



Filing of repli- 
cation. 



Cross-bill. 



Complainant 
to plead. 



Failure to^an- 
swer. 



New party. 



Dismissal 
bill. 



of 



Court may ex- 
tend time. 



When bill of 
complaint is 
lost. 



§ 28. Replications shall be general, with the like ad- 
vantage to all parties as if special, and shall be filed in four 
days after the plaintiff or his attorney shall be served with 
notice of answer filed. 

§ 29. After replication is filed, the cause shall be deemed 
at issue and stand for hearing, or in default of filing such 
replication, the cause may be set for hearing upon the bill 
and answer ; in which case the answer shall be taken as 
true, and no evidence shall be received, unless it be matter 
of record to which the answer refers. 

§ 30. Any defendant may, after filirjg his answer, ex- 
hibit and file his crossbill, and call upon the complainant to 
file his answer thereto, in such time as may be prescribed 
by the court. 

§ 31. It shall not be necessary to recite in a cross-bill 
any of the pleadings or proceedings in the case in which it 
is filed ; and it shall not be necessary to pray process except 
against new parties. 

§ 32. The complainant shall be required to except, 
plead, demur or answer to such cross-bill in the same man- 
ner that a defendant is required to except, plead, demur or 
answer to an original bill, and his answer shall have the 
same effect as a defendant's answer to a bill. 

§ 33. If the complainant shall fail to answer such cross- 
bill, his bill shall be dismissed with costs, or the new matter 
set out in the defendant's cross-bill shall be taken as con- 
fessed, and a decree entered accordingly. 

§ 34. Where it is necessary for the defendant to bring a 
new party before the court, he shall state it in his cross-bill ; 
and a summons shall be issued, and other proceedings had, 
as in the case of other defendants. 

§ 35. The complainant shall not be compelled to file his 
answer to any cross-bill, until the defendant shall have filed 
a sufficient answer to the complainant's bill. 

§ 36. No complainant shall be allowed to dismiss his 
bill, after a cross-bill has been filed, without the consent of 
the defendant. 

§ 37. The court may extend the time for answering, re- 
plying, pleading, demurring, or joining in demurrer ; and 
may permit the parties to amend their bills, pleas, answers 
and replications, on such terms as the court may deem 
proper, so that neither party be surprised nor unreasonably 
delayed thereby; and no amendment shall be cause tor a 
continuance, unless the party to be affected thereby, or his 
agent or attorney, shall make affidavit that, in consequence 
thereof, he is unprepared to proceed to trial of the cause at 
that term, and that he verily believes that if the cause is 
continued such party will be able to make such preparation. 
§ 38. In all chancery proceedings where the bill of com- 
plaint, or any other paper filed in the cause, shall be lost or 
mislaid, the court in which said cause shall be pending may, 



COURTS OF CHANCERY, 335 



in its discretion, permit the files to be supplied by the filing 
of a copy, in substance, of the lost or mislaid bill of com- 
plaint, or other paper, on the party wishing to supply the 
files makiDg an affidavit, to the satisfaction of said court, 
that said bill of complaint, or other paper, is substantially a 
copy of the original, to the best of his knowledge, recollec- 
tion and belief. 

§ 39. The court may, upon default, or upon issue being court may refer: 
joined, refer the cause to a master in chancery, or special 
commissioner, to take and report evidence, with or without 
his conclusions thereupon. 

§ 40. The court may, in its discretion, direct an issue or issues tried by 
issues to be tried by a jury, whenever it shall be judged jnry ' 
necessary in any cause in equity, pending therein. In all 
other causes in equity, the mode of trial shall be the same 
as has been heretofore practiced in courts of chancery. 

§ 41. If a defendant in any proceeding in equity, hav- Defendant at^ 
ing been served with summons, or personally notified, as tncned - 
provided in this act, shall fail or refuse to appear or answer 
the bill of complaint, he may be attached and otherwise 
proceeded against according to the practice in equity in 
cases of contempt. 

§ 42. "When any bill is taken for confessed, or upon Co * n e ™7 en ~ 
hearing, the court may make such decree thereon as may be 
just, and may enforce such decree, either by sequestration 
of real and personal estate, by attachment against the per- 
son, by fine or imprisonment, or both, by causing possession 
of real and personal estate to be delivered to the party enti- 
tled thereto, or by ordering the demand of the complainant 
to be paid out of the effects or estate sequestered, or which 
are included in such decree; and by the exercise of such 
other powers as pertain to courts of chancery, and which 
may be necessary for the attainment of justice. 

§ 43. All decrees, orders, judgments and proceedings, unknown per- 
made or had with respect to unknown persons, shall have sous ' 
the same effect, and be as binding and conclusive upon 
them, as though such suit or proceeding had been instituted 
against them by their proper names. 

§ 4±. A decree for money shall be a lien on the lands Decree for 

■ ii • i • • i money. 

and tenements of the party against whom it is entered, to 
the same extent and under the same limitations as a judg- 
ment at law. 

§ 45. All decrees given in causes in equity in this state, Decrees to be 
shall be a lien on all real estate respecting which such de- 
crees shall be made ; and whenever, by any decree, any 
party to a suit in equity shall be required to perform any 
act other than the payment of money, or to refrain from 
performing any act, the court may, in such decree, order 
that the same shall be a lien upon the real or personal 
estate, or both, of such party until such decree shall be 
fully complied with ; and such lien shall have the same 



336 COURTS OF CHANCERY. 



force and effect, and be subject to the same limitations and 
restrictions as judgments at law. 
commissioner § 46. Whenever a decree shall bi made in any suit in 

chancery! er a " equity, directing the execution of any deed or other writing, 
it shall be lawful for the court to appoint a commissioner, 
or direct the master in chancery to execute the same, in 
case the parties under no disability fail to execute the same, 
in a time to be named in the decree, or on behalf of minors 
or persons having conservators ; and the execution thereof, 
by such commissioner or master in chancery, shall be valid 
in law to pass, release or extinguish the right, title and in- 
terest of the party in whose behalf it is executed, as if exe- 
cuted by the party in proper person, and he or she were 
under no disability ; and such deed or other writing, if it 
relates to land, shall, within six months after its execution 
by such commissioner or master, be recorded in the re- 
corder's office of the county wherein the land may lie. 

Execution. § 47. When there shall be no direction that a master in 

chancery or commissioner execute a decree, the same may 
be carried into effect by execution, or other final process, 
according to the nature of the case, directed to the sheriff or 
other officer of the proper county ; which, when issued, 
shall be executed and returned by the sheriff or other offi- 
cer to whom it may be directed, and shall have the same 
operation and force as similar writs issued upon a judgment 
at law. The sheriff or other officer to whom the same is 
directed, shall be subject to the like penalties and recoveries 
for misconduct or neglect in the execution or return thereof, 
as in cases at law ; or the court may, if necessary, direct an 
attachment to be issued against the party disobeying such 
decree, and fine or imprison him, or both, in the discretion 
of the court, and may also direct a sequestration for dis- 
obedience of any decree. 

sale of property §48. In all cases where a sale of property is decreed, 
the court may direct the same to be made for cash, or on 
such credit where no redemption is allowed, and on such 
terms as it may deem best and most equitable to the in- 
terests of the several parties, 
when execn- § 49. Whenever an execution shall have been issued 

uns n atfsfled urned against the property of a defendant, on a judgment at law 
or in equity, and shall have been returned unsatisfied, in 
whole or in part, the party suing out such execution may 
file a bill in chancery against such, defendant, and any other 
person, to compel the discovery of any property or thing in 
action, belonging to the defendant, and of any property, 
money, or thing in action due to him, or held in trust for 
him, and to prevent the transfer of any such property, 
money or thing in action, or the payment or delivery thereof 
to the defendant, except when such trust has, in good faith, 
been created by, or the fund so held in trust has proceeded 
from, some person other than the defendant himself. The 



COURTS OF CHANCERY. 337 



court shall have power to compel such discovery, and to 
prevent such transfer, payment or delivery, and to decree 
satisfaction of the sum remaining due on such judgments, 
out of any personal property, money or things in action, 
belonging to the defendant, or held in trust for him, with 
the exception above stated, which shall be discovered by 
the proceedings in chancery, whether the same were origi- 
nally liable to be taken in execution at law or not : Pro- 
vided, that no answer made to any bill filed under this and 
the preceding secticn, shall be read in evidence against the 
defendant on the trial of any indictment for fraud charged 
in the bill. 

§ 50. The court may hear and determine bills to quiet bois to quiet 

titles 

title, and to remove clouds from the title to real estate, 
whether the lands in controversy are improved or occupied, 
or unimproved or unoccupied ; and the taking possession of 
such lands, after the commencement of suit by the party 
claiming the title or the adverse title, or any one under or 
through such person or persons, shall not in anywise affect 
the complainant's right to a final decree upon his bill. 

§ 51. Nothing contained in this act shall be construed Articles ex. 
to authorize any lien upon or sale of those articles in pos- e^ion fr0m exe " 
session of the defendant, which are exempt from execution 
by law, and not released or waived by the party entitled to 
such exemption. 

§ 52. The following acts and parts of acts are hereby Acts repealed, 
repealed : Chapter twenty-one, of the Revised Statutes of 
1845, entitled "Chancery;" an act entitled "An act to 
amend chapter twenty-one, of the Revised Statutes of 1845," 
approved February 12, 1857 ; an act entitled "An act to 
extend the jurisdiction of courts of chancery in cases of fore- 
closure of mortgages," approved February 16, 1865 ; an 
act entitled "An act to amend the act entitled ' Evidence 
and Depositions,' Revised Statutes, chapter forty," approved 
February 12, 1849 ; an act entitled "An act to amend chap- 
ter twenty-one (21), of the Revised Statutes of 1845," ap- 
proved March 27, 1869 ; an act entitled "An act to amend 
section twelve, of chapter twenty-one (21), of the Revised 
Statutes of 1845, entitled ' Chancery,' " approved March 
31, 1869 ; an act entitled "An act to amend chapter twenty- 
one, of the Revised Statutes of 1815, entitled 'Chancery,' " 
approved March 12, 1869 ; and all other acts inconsistent 
with the provisions of this act. But this section shall not 
be construed so as to affect any rights that may have ac- 
crued, or any suits that may be pending, when this act shall 
take effect. 

Approved March 15, 1872. 



-34 



338 COURTS OF RECOitD. 



COURTS OF EECORD. 



^ f °i C 872 nJy 1 ' ^ ^^ ln re S ar( ^ to P ract i ce i Q courts of record. 

Section - 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
summoi£ roce88 ' ^ rs ^ P rocess i n a ^ actions to be hereafter commenced in any 
of the courts of record in this state shall be a summons, ex- 
cept actions where special bail may be required ; which 
summons shall be issued under the seal of the court, tested 
in the name of the clerk of such court, dated on the day it 
shall be issued, and signed with his name, and shall be di- 
rected to the sheriff, (or, if he be interested in the suit, to 
the coroner of the county,) and shall be made returnable on 
the first day of the next term of the court in which the 
action may be commenced. If ten days shall not intervene 
between the time of suing out the summons and the next 
term of court, it shall be made returnable to the succeeding 
term. The plaintiff may, in any case, have summons made 
returnable at any term of the court which may be held 
within three months after the date thereof. 
Suits, where to § 2. It shall not be lawful for any plaintiff to sue any 
defendant out of the county where the latter resides or may 
be found, except in local actions, and except that in every 
species of personal actions, in law, when there is more than 
one defendant, the plaintiff commencing his action where 
either of them resides may have a writ or writs issued, di- 
rected to any county or counties where the other defend- 
ants, or either of them, may be found: Provided, that if a 
verdict shall not be found, or judgment rendered against 
the defendant or defendants, resident in the county where 
the action is commenced, judgment shall not be rendered 
against those defendants who do not reside in the county, 
unless they appear and defend the action. Actions against 
a railroad company may be brought in the county where its 
principal office is located, or in the county where the cause 
of action accrued, and into or through which its road may 
run. 

§ 3. It shall be the duty of the sheriff or coroner to serve 
all process of summons, or capias, when it shall be practi- 
cable, ten days before the return day thereof, and to make 
return of such process to the clerk who issued the same, by 
or on the return day, with an indorsement of his service, 
the time of serving it, and the amount of his fees: Provi- 
ded, that when such process shall have been directed to a 
foreign county, the officer executing the same may make 
return thereof by mail ; and the clerk may charge the post- 
age, and tax the amount in his fee bill. 



COURTS OF RECORD. 339 



§ 4. An incorporated company may be served with pro- incorporate 
cess, by leaving a copy thereof with its president, if he can company - 
be found in the county in which the suit is brought ; if he 
shall not be found in the county, then by leaving a copy of 
the process with any clerk, secretary, superintendent, gen- 
eral agent, cashier, principal, director, engineer, conductor, 
station agent, or any agent of said company found in the 
county. 

§ 5. Process against a county may be served by leaving Process against 
a copy thereof with the clerk or chairman of the county acouny - 
board, or clerk of the county court in counties not under 
township organization, until a board of county commission- 
ers is elected, as provided in the constitution. 

§ 6. In suits against a city, village or town, process may suits against a 

, « , , , P J .{ p ... ,-, ' r ./ city, village or 

be served by leaving a copy thereof with the mayor or city town, 
clerk, in case of a city, and with the president of the board 
of trustees or clerk, in the case of a village, and with the 
supervisor or town clerk, in the case of a town. 

§ 7. If it shall not be in the power of the sheriff or coro- Ten days be- 
ner to serve a summons or capias ten days before the return 
day thereof, he may execute the same at any time before, 
or on the return day ; but if not served ten days before the 
return day thereof, the defendant shall be entitled to a con- 
tinuance, and shall not be compelled to plead before the 
next succeeding term. 

§ 8 Whenever it shall appear, by the return of the fo ^ endantnot 
sheriff or coroner, that the defendant is not found the clerk 
shall at the request of the plaintiff issue another summons 
or capias, as the case may be, and so on until service is had. 

§ D. It a summons or capias is served on one or more, when sum- 
but not on all of the defendants, the plaintiff may proceed ^one'Vnufre 
to trial and judgment against the defendant or defendants defendant. 
on whom the process is served, and the plaintiff may, at 
any time afterwards, have asummons,.in the nature of scire 
Jacias, against the defendant not served with the first pro- 
cess, to cause him to appear in said court, and show cause 
why he should not be made a party to such judgment; and 
upon such defendant being duly served with such process, 
the court shall hear and determine the matter in the same 
manner as if such defendant had been originally summoned 
or brought into court, and such defendant shall also be al- 
lowed tne benefit of any payment or satisfaction which may 
have been made on the judgment before recovered, and the 
judgment of the court against such defendant shall be that 
the plain? iff recover against such defendant, together with 
the defendant in the former judgment, the amount of his 
debt or damages, as the case may be. 

§ 10. It shall not be necessary hereafter, in any action Mandamus or 
of mandamus or quo warranto, to set out the cause of action « uo warranto. 
in the writ, but it shall be sufficient to summon the defendant 
in a summons in the usual form, commanding the defendan 



340 COURTS OF RECORD. 



to appear and answer the plaintiff in an action of mandamus 
or quo warranto, as the case may be, and the issues shall be 
made up bj answering, pleading or demurring to the peti- 
tion as in other cases. 

when joint § 11. When several joint debtors are sued and any one 
debtors are sued Qr more f them shall not be served with process, the pen- 
dency 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 as are not served, in 
any suit which may be brought against them in any other 
place than in the county where the first suit is brought. 
This section shall not be so construed as to allow more than 
one satisfaction. 

Refusal to § 12. If any sheriff or coroner to whom any summons, 
e nm ' capias or subpena shall be delivered, shall neglect or refuse 
to make return of the same before or on the return day of 
such process, the plaintiff may enter a rule requiring said 
sheriff or coroner to make reiurn of such process on a day 
to be fixed by the court, or to show cause on that day why 
he should not be attached for a contempt of the court ; and 
the plaintiff shall, thereupon, cause a written notice of such 
rule to be served on such sheriff or coroner; and if good and 
sufficient cause be not shown to excuse such officer, the 
court shall adjudge him guilty of a contempt, and shall pro- 
ceed to punisu such officer as in other cases of contempt. 

subpoenas for § 1«*. The clerk of any court in which a suit is pending 
witnesses. shall, from time to time, issue subpenas for such witnesses, 
and to such counties in the state, as may be required by 
either party ; and every clerk who shall refuse so to da, 
shall be fined, at the discretion of the court, in any sum not 
exceeding one hundred dollars. 

cierkstokeep § ^" The clerks of the courts 6hall keep a docket of all 
adocket. the causes pending in their respective courts, in which shall 

be entered the names of the parties, the cause of action, and 
the name of the plaintiff's attorney, and he shall furnish the 
judge and bar, at each term, with a copy of the same, in 
which all indictments and causes to which the people may be 
a party shall be first set down, after which shall be set down 
all cases in law, iu order, according to the date of their com- 
mencement, and lastly, the suits in chancery. "Where the 
business of the court shall be so large as to require it, sepa- 
rate dockets may be made of the criminal, law and chancery 
cases. 

causes to be § 15. The clerk shall set and apportion the causes for as 
many days of the term as he may think necessary, or be 
directed by the judge ; and all subpenas for witnesses shall 
be made returnable on the day on which the cause in which 
the witnesses are to be called is set for trial, or the first day 
of the term, when such day has not been fixed. 

to be tried in § 16. All the causes shall be tried or otherwise disposed 

order docketed. ,,f u , tne oraer { { Xii y are placed Ou LUe ducket, unless the 
court, tor good P*id sufficient canoe, shall otherwise direct. 



set. 



COURTS OF RECORD. 341 



§ 17. If the plaintiff shall not file his declaration, to- continuance at 
gether with a copy of the instrument of writing or account costof P lamtlffi - 
on which the action is brought, in case the same be brought 
on a written instrument or account, ten days before the 
court at which the summons or capias is made returnable, 
the court, on motion of the defendant, shall continue the 
cause at the cost of the plaintiff, unless it shall appear that 
the suit was commenced within ten days of the sitting of the 
court, in which case the cause shall be continued without 
costs, unless the parties shall agree to have a trial ; and if 
no declaration shall be filed ten days before the second 
term of the court, the defendant shall be entitled to a judg- 
ment, as in case of a non suit: Provided, that in all suits 
by capias, where the defendant shall have been arrested, 
and in replevin and attachment, the plaintiff may be re- 
quired to file his declaration at the first term, and the de- 
fendant may have a trial at such term, unless sufficient 
cause for a continuance is shown. 

§ 18. Any deed, bond, note, covenant or other instru- instruments 
ment under seal (except penal bonds)} may be sued and de- under sea1 ' 
clared upon or set-off as heretofore, or in any form of action 
in which such instrument might have been sued and de- 
clared upon or set off if it had not been under seal, and de- 
mands upon simple contracts may be set-off against demands 
upon sealed instruments, judgments or decrees. 

8 19. It shall not be necessary, in any pleading:, to make Profert of the 

» • ■ " lnstnmi6iit 

profert of the instrument alleged ; but in any action or de- 
fense upon an instrument in writing, whether under seal 
or not, if the same is not lost or destroyed, the opposite 
party may have oyer thereof, and proceed thereon in the 
same manner as if profert had been properly made accord- 
ing to the common law. 

§20. In actions brought on penal bonds, conditioned n ^ c b t ^ s s onpe " 
for the performance of covenant, the plaintiff shall set out 
the conditions thereof, and may assign in his declaration as 
many breaches as he may think fit ; and the jury, whether 
on trial of the issue or of inquiry, shall assess the damages 
for so many breaches as the plaintiff shall prove, and the 
judgment for the penalty shall stand as a security for such 
other breaches as may afterwards happen, and the plaintiff 
may, at any time afterwards, sue out a writ of inquiry to 
assess damages for the breach of any covenant or covenants 
contained in such bond, subsequent to the former trial or 
inquiry ; and whenever execution shall be issued on such 
judgment, the clerk shall indorse thereon the amount of 
damages assessed by the jury, with the costs of suit, and 
the sheriff or coroner shall only collect the amount so in- 
dorsed : Provided, that in all cases where a writ of inquiry 
of damages shall be issued for any such breaches subsequent 
to the first trial or inquiry, the defendant, or his agent or 



342 



COURTS OF RECORD. 



Trespass. 

Counts joined. 
Amendments. 



attorney, shall have at least ten days' notice, in writing, of 
the time of executing the same. 

§ 21. The distinctions between the actions of "trespass" 
and ''trespass on the case" are hereby abolished ; and in all 
cases where trespass or trespass on the case has been here- 
tofore the appropriate form of action, either of said forms 
may be used, as the party bringing the action may elect. 

§ 22. Counts in trover and replevin may be joined in 
the same action. 

§ 23. At any time before final judgment in a civil suit, 
amendments may be allowed on such terms as are just and 
reasonable, introducing any party necessary to be joined as 
plaintiff or defendant, discontinuing as to any joint plaintiff 
or joint defendant, changing the form of the action, and in 
any matter, either of form or substance, in any process, 
pleading or proceeding which may enable the plaintiff to 
sustain the action for the claim for which it was intended 
to be brought or the defendant to make a legal defense. 
The adjudication of the court allowing an amendment shall 
be conclusive evidence of the identity of the action. 

§ 24:. In case another defendant is added, summons may 
issue against such defendant, returnable to the next term of 
court, and he may be proceeded against in the same man- 
ner as if he had been made a defendant at the commence- 
ment of the suit. 

§ 25. No amendment shall be a cause for a continuance 
unless the party affected thereby, or his agent or attorney, 
shall make affidavit that in consequence thereof he is un- 
prepared to proceed to or with the trial of the cause at that 
term, and that he verily believes that if the cause is con- 
tinued, he will be able to make such preparation. 

§ 26. It shall not be necessary to file a declaration in 
any scire facias to revive a judgment or foreclose a mort- 
gage, in any court of record in this state. 

§ 27 On the appearance of the defendant or defend- 
ants, the court may allow such time to plead as may be 
deemed reasonable and necessary. 

§ 28. The defendant may plead as many matters of fact 
in several pleas as he may deem necessary for his defense, 
or may plead the general issue, and give notice, in writing, 
under the same, of the special matters intended to be relied 
on for a defense on the trial; under which notice, if ad- 
judged by the court to be sufficiently clear and explicit, the 
defendant shall be permitted to give evidence of the facts 
therein stated, as if the same had been specially pleaded 
and issue taken thereon. 

§ 29. The defendant in any action brought upon any 
contract or agreement, either expressed or implied, having 
claims or demands against the plaintiff in such action, may 
plead the same, or give notice thereof, under the general 
issue, or under the plea of payment ; and the same, or such 



When defend, 
ant is added. 



Amendment 
not cause for 
continuance. 



Scire facias. 



Time to plead. 



Pleadings. 



Claims against 
plaintiff. 



COURTS OF RECOKD. 343 



part thereof as the defendant shall prove on trial, shall be 
set off and allowed against the plaintiff's demand, and a 
verdict shall be given for the balance due. And if it shall 
appear that the plaintiff is indebted to the defendant, the 
jury shall find a verdict for the defendant, and certify to the 
court the amount so found; and the court shall give judg- 
ment in favor of such defendant, with the costs of his de- 
fense. If the cause is tried by the court, the finding and 
judgment shall be in like manner. 

§ 30. When such plea or notice of set-off shall have Dismissal of 
been interposed, the plaintiff shall not be permitted to dis- snit - 
miss his suit without the consent of the defendant, or leave 
of the court. 

§ 31. If the defendant shall plead or give notice of any Notioe of set-off. 
set-off, he shall tile with such plea or notice a copy of the 
instrument or account upon which he intends to rely. 

§ 32. Whenever it shall become necessary, for the at- when several 
tainment of justice, to allow a plaintiff to reply several Sredinpleaf" 
matters to the plea of a defendant, or to allow a defendant 
to rejoin several matters to the replication of a plaintiff, the 
court in which the action shall be pending, on the special 
application of the party desiring so to reply or rejoin, may 
allow the same to be done. 

§ 33. No person shall be permitted to deny, on trial, the Denial of in- 
execution or assignment of any instrument in writing, ^3^* t0 be 
whether sealed or not, upon which any action may have 
been brought, or which shall be pleaded or set up by way 
of defense or set off, or is admissible under the pleadings 
when a copy is filed, unless the person so denying the same 
shall, if defendant, verify his plea by affidavit ; and if plain- 
tiff, shall file his affidavit denying the execution or assign- 
ment of such instrument : Provided, if the party making 
such denial be not the party alleged to have executed or 
assigned such instrument, the denial may be made on the 
information and belief of such party. 

§ 34. In trials of actions upon contracts, expressed or Actions on con- 
implied, where the action is brought by partners, or by joint jjf^ 8 ^ P art " 
payees or obligees, it shall not be necessary for the plain- 
tiff, in order to maintain any such action, to prove the co- 
partnership of the individuals named in such action, or to 
prove the christian or surnames of such partners, or joint 
payees or obligees ; but the names of such co-partners, joint 
payees or obligees shall be presumed to be truly set forth 
in the declaration, petition or bill : Provided, that nothing 
herein contained shall prevent the defendant in any such 
action from pleading in abatement as heretofore, or of pro- 
ving, on the trial, either that more persons ought to have 
been plaintiffs, or that more persons have been made plain- 
tiffs than have a legal right to sue, or that the christian or 
surname is other and different from the one stated in the 
declaration, petition or bill. 



zu 



COURTS OF RECORD. 



Actionsoncon- 8 35. In actions upon contracts, expressed or implied, 

tracts apramst • , . i ^ i , r . . r , ,.' 

two defendant?, against two or more defendants, as partners or joint obli- 
gors or payors, whether so alleged or not, proof of the joint 
liability or partnership of the defendants, or their christian 
or surnames, shall not, in the first instance, be required to 
entitle the plaintiff to judgment, unless such proof shall be 
rendered necessary by pleading in abatement, or unless the 
defendant shall file a plea in bar denying the partnership 
or joint liability or the execution of the instrument sued 
upon verified by affidavit. 
Affidavit filed § 3f>. If the plaintiff in any suit upon a contract, ex- 

tion. ec ara " pressed or implied, for the payment of money, si all file with 
his declaration an affidavit showing the nature of his de- 
mand and the amount due him from the defendant after 
allowing to the defendant all his just credits deductions 
and set-offs, if any, he shall be entitled to judgment as 
in case of default, unless the defendant, or his agent or 
attorney, if the defendant is a resident of the county in 
which the suit is brought, shall file with his plea an affida- 
vit, stating that he verily believes he has a good defense to 
said suit upon the merits to the whole or a portion of the 
plaintiff's demand, aud if a portion, specifying the amount 
(according to the best of his judgment and belief). Upon 
good cause shown, the time for filing such affidavit may be 
extended for such reasonable time as the court shall order. 
No affidavit of merits need be filed with a demurrer, plea 
in abatement, or motion : Provided, that if the plaintiff, his 
agent or attorney, shall file an affidavit, stating that affiant 
is taken by surprise by such plea and affidavit of merits, 
and that he believes that plaintiff has testimony to support 
his claim against the defendant, which he cannot produce 
at that term of court, but expects to produce by the next 
term, the court shall continue such cause until the next 
term. 

Affidavitpnma § 37. When any part of the demand is upon an account, 
m ence. an « ^ e defendant shall suffer default for the want of an 
affidavit of merits, or for non-appearance, or for nil dicit, 
the affidavit so filed with the declaration may be taken as 
prima facie evidence of the amount due upon such account; 
but the court may require further evidence, 
judgment by § 38. For want of appearance the court may give judg- 
ment by default, except in cases where the process has not 
been served, or declaration filed, ten days before the term 
of the court, 
court may set 8 39. The court may, in its discretion, before final l'udg- 

aside O «* ' * u CD 

ment, set aside any default, and may, during the term, set 
aside any judgment upon good and sufficient cause, upon 
affidavit, upon such terms and conditions as shall be deemed 
reasonable. 
Jury. § 4-0. In all suits in the courts of record in this state, 

upon default, where damages are to be assessed, it shall be 



COURTS OF RECORD. 345 



lawful for the court to hear the evidence and assess the 
damages without a jury for that purpose : Provided, that 
either party may have the damages assessed by a jury. 

§ 41. In all cases, in any court of record of this state, if written propo- 
both parties shall agree, both matters of law and fact may ted. 
be tried by the court; and upon such trial either party may, 
within such time as the court may require, submit to the 
court written propositions to be held as law in the decision 
of the case, upon which the court shall write "refused" or 
"held,'' as he shall be of opinion is the law, or modify the 
same, to which either party may except as to other opinions 
of the court. 

§ 42. "When either party shall apply for a continuance Absence of tes- 
of a cause on account of the absence of testimony, the mo- imony- 
tion shall be grounded on the affidavit of the party so ap- 
plying, or his authorized agent, showing that due diligence 
has been used to obtain such testimony, or the want of time 
to obtain it, and what particular fact or facts the party ex- 
pects to prove by such evidence, and if the evidence is the 
testimony of a witness, his place of residence, or if his place 
of residence is not known, showing that due diligence has 
been used to ascertain the same, and that if further time is 
given his place of residence can be ascertained. 

§ 43. Should the court be satisfied that such evidence Affidavit in 
would not be material on the trial of the cause, or if the eTldence - 
other party will admit the affidavit in evidence, the cause 
shall not be continued. 

§ 44. When the affidavit is concerning the evidence of a when affidavit 
witness, the party admitting such affidavit shall be held to is admitted - 
admit only that if the absent witness was present he would 
testity as alleged in the affidavit, and such admission shall 
have no greater force or effect than if such absent witness 
were present and. testified as alleged in the affidavit, leav- 
ing it to the party admitting such affidavit to controvert the 
statements contained therein, or to impeach said witness, 
the same as if such witness were present and examined in 
open court. 

§45. It shall be a sufficient cause for a continuance of in time of war. 
any case, in time of war or insurrection, that the defendant 
is in the military service of the United States or of this 
state, if it shall be made to appear to the court by affidavit, 
and that the presence of the defendant is in any degree 
necessary for a full and fair defense of the suit. The costs 
of a continuance under this section shall abide the result of 
the suit. 

§ 46. In all suits at law or in equity, pending in any Members of 
court of this state at any time when the general assembly gembly? 6 ^ 1 a£ ~ 
is in session, it shall be a sufficient cause lor a continuance 
if it shall appear to the court, by affidavit, that any party 
applying for such continuance, or any attorney, solicitor or 
counsel of such party, is a member of either house of the 



346 



COURTS OF RECORD. 



Absence of at- 
torney. 



general assembly, and in actual attendance upon the ses- 
sions of the same, and that the attendance of such party, 
attorney, solicitor or counsel in court is necessary to 
a fair and proper trial of such suit ; and, on the filing of 
such affidavit, the court may continue such suit ; and when 
so continued, no trial or other proceedings shall he had 
therein until the adjournment of the general assembly, nor 
within ten days thereafter. Such affidavit shall be sufficient, 
if made at any time during the session of the general as- 
sembly, showing that, at \he time of making the same, such 
party, attorney, solicitor or counsel is in actual attendance 
upon such session of the general assembly. 

§ 47. The foregoing section shall not apply to cases of 
application for continuance by reason of the absence of any 
attorney, solicitor or counsel who shall not have been actu- 
ally employed in such suit prior to the commencement of 
such session of the general assembly, nor to the practice in 
the supreme court. 

§ 48. . In all civil actions, each party shall be entitled to 
a challenge of three jurors, without showing cause for such 
challenge. 

§ 49. Every person desirous of suffering a non-suit on 
trial, shall be barred therefrom unless he do so before the 
jury retire from the bar. 

§ 50. If one or more of the counts in a declaration be 
faulty, the defendant may apply to the court to instruct the 
jury to disregard such faulty count or counts. 

§ 51. The court, in charging the jury, shall only instruct 
as to the law of the case ; and the court may, at the request 
of either party, require the jury to render a special verdict 
upon any fact or facts in issue in the cause ; which verdict 
shall be entered of record and proceedings had thereon as 
in other cases. When the special finding of the fact is in- 
consistent with the general verdict, the former shall control 
the latter, and the court shall give judgment accordingly. 

§ 52. Hereafter no judge shall instruct the petit jury in 
any case, civil or criminal, unless such instructions are re- 
duced to writing. 

§ 53. And when instructions are asked which the judge 
cannot give, he shall, on the margin thereof, write the word 
"refused;" and such as he approves he shall write, on the 
margin thereof, the word "given ;" and he shall in no case, 
after instructions are given, qualify, modify, or in any man- 
ner explain the same to the jury otherwise than in writing. 
Exceptions to the giving or refusing any instruction may 
be entered at any time before the entry of final judgment 
in the case. 

§ 54. And such instructions, so given, shall be taken by 
the jury in their retirement, and returned by them, with 
their verdict, into court. 



Challenge. 



Non-suit. 



Faulty eounts. 



Instructions to 
jury. 



Reduced to 
writing. 



When instruc- 
tions are asked. 



Instructions. 



COURTS OF RECORD. 847 



§ 55. Papers read in evidence, other than depositions, Papers. 
may be carried from the bar by the jury. 

§ 56. It shall be sufficient for the jury to pronounce verdict. 
their verdict, by their foreman, in open court, without re- 
ducing the same to writing, and the clerk shall enter the 
same in form, under the direction of the court ; and if either 
party may wish to except to the verdict, or, for other causes, 
to move for a new trial or in arrest of judgment, he shall, 
before final judgment be entered, or during the term it is 
entered, by himself or counsel, file the points in writing, 
particularly specifying the grounds of such motion, and final 
judgment shall thereupon be staid until such motion can be 
heard by the court. But no more than two new trials upon 
the same grounds shall be granted to the same party in the 
same cause, nor shall any verdict or, judgment be set aside 
for irregularity only, unless cause be shown for the same, 
during the sitting of the court, at the term such judgment 
or verdict shall be given. In all cases where a new trial 
shall be granted on account of improper instructions having 
been given by the judge, or improper evidence admitted, 
or because the verdict of the jury is contrary to the weight 
of the evidence, or for any other cause not the fault of the 
party applying for such new trial, said new trial shall be 
granted without costs, and as of right. 

§ 57. "Whenever an entire verdict shall be given onsev- Defective 
eral counts, the same shall not be set aside or reversed on counts - 
the ground of any defective count, if one or more of the 
counts in the declaration be sufficient to sustain the verdict. 

§ 58. When judgment shall be arrested for any defect Arrest of judg- 
in the record of proceedings after the first process, the plain- 
tiff shall not be compelled to commence his action anew ; 
but the court shall order new pleadings to commence with 
the error that caused the arrest. 

§ 59. If, during the progress of any trial in any civil Exceptions. 
cause, either party shall allege an exception to the opinion 
of the court, and reduce the same to writing, it shall be the 
duty of the judge to allow said exception, and sign and seal 
the same, and the said exception shall thereupon become a 
part of the record of such cause. 

§ 60. Exceptions taken to decisions of the court, upon causes tried 
the trial of causes in which the parties agree that both mat- b y thecourt - 
ters of law and fact may be tried by the court, and in appeal 
cases, tried by the court without the intervention of a jury, 
shall be deemed and held to have been properly taken and 
allowed, and the party excepting may assign for error, be- 
fore the supreme court, any decision so excepted to, whether 
such exception relates to receiving improper, or rejecting 
proper testimony, or to the final judgment of the court upon 
the law and evidence. 

§ 61. Exceptions taken to decisions of the court, over- Exceptions to 
ruling motions in arrest of judgment, motions for new ea owe • 



348 COURTS OF RECORD. 



trials, motions to amend, and for continuances of causes, 
shall be allowed ; and the party excepting may assign for 
error any decision so excepted to. 
Exceptions in § 62. Exceptions taken to decisions of any court in this 

criminal cases. 8 t a t e , overruling motions in arrest of judgment for new 
trials, or for continuances, or change of venue, shall be 
allowed in criminal cases, and in penal and qui tarn actions; 
and the party excepting to such decisions may assign the 
same for error, in the same manner as in civil cases. 

Affidavits. § 63. All affidavits read in court during the progress of 

any cause, and relating thereto, shall be filed and preserved 
by the clerk. 
stay of pro- § 64. A party intending to move, out of term, to set 
aside or quash any execution, replevin bond or other pro- 
ceedings, may apply to the judge at his chamber, for a cer- 
tificate (and which the said judge may in his discretion 
grant), certifying that there is probable cause for staying 
further proceedings until the order of the court on the mo- 
tion ; and a service of a copy of the certificate at the time 
of, or after the service of the notice of the motion, shall 
thenceforth stay all further proceedings accordingly. But 
in no case shall the judge grant such certificate when the 
error complained of may, by the direction of the .judge to 
the clerk issuing the process, be corrected, but the judge 
shall order the correction, and the clerk shall make the cor- 
rection in the process as if ordered in term time ; nor unless 
the applicant shall have given notice of such motion to the 
opposite party, or his attorney of record, if they or either 
of them can be found in the county from which the writ 
issued, 
confession of § 65. Any person, for a debt bona fide due, may confess 

judgments. judgment by himself or attorney duly authorized, either in 
term time or vacation, without process. Judgments entered 
in vacation shall have like force and effect, and from the 
date thereof become liens, in like manner and extent as 
judgments entered in term. 

Errors. § 66. The writ of error coram nobis is hereby abolished, 

and all errors in fact committed in the proceedings of any 
court of record, and which by the common law could have 
been corrected by said writ, may be corrected by the court 
in which the error was committed, upon motion in writi