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Full text of "Laws of the State of Illinois"



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LAWS 



STATE OF ILLIN"OIS: 



PASSED BY THE 



TWENTY-EIGHTH GENERAL ASSEMBLY, 



FIRST SESSION. 



Printed in pursuance of. Joint Resolntion, Adopted lay 2, for Distribution 
to Members of General Assembly. 



isr 3. 



SPEINGFIELD: 

STATE JOURNAL STEAM PRINT. 
1873. 



TABLE OF CONTENTS. 



ADMIRISTRATION OF ESTATES : fAGE . 

An act to amend an act entitled "An act in regard to the administration of estates," ap- 
proved Aprill, 1872 1 

AGKICULTURE : 

An act concerning the re-organization of county agricultural societies, in conformity to "An 
act to create a department of agriculture in the state of Illinois," approved April 15, 1871. . 2 

AIHMALS : 

An act to amend section two of an act entitled " An act to prohibit domestic animals from 
running at large in this state," approved January 13, 1872 3 

An act to enable towns to prohibit domestic animals from running at large in counties 
where they are not prohibited by law 3 

An act to amend an act entitled "An act to prohibit domestic animals from running at large 
in this state," approved January 13, 1872 4 

APPEOPRIATIONS: 
Blind : 
An act to provide for the erection of buildings necessary for the education of the blind of 
the state of Illinois 5 

An act making appropriations for the Illinois Institution for the Education of the BUnd, 
for the years 1873 and 1874 6 

Dam and Lock: 
An act authorizing the board of canal commissioners to construct a dam and lock at or near 

Copperas creek, and to make an appropriation for such improvement 6 

Deaf and Dumb: 
An act for the erection of a chapel, dining room and school buildings for the Illiuois Institu- 
tion for the Education of the Deaf and Dumb 8 

An act for the support of the Ulinois Institution for the Education of the Deaf and Dumb.. 9 

Eve and Ear Infirmary: 
An act making an appropriation in aid of the erection and for the completion of a building 
for the Illinois Charitable Eye and Ear Infirmary 10 

An act making an appropriation for the ordinaiy expenses of the Illinois Charitable Eye and 
Ear Infirmary, and for furniture 12 

Executive Mansion: 
Aji act making an appropriation for repairing and refurnishing the executive mansion and 

grounds, and for fitting the same for use and occupation 13 

Eeebi.e-Mln'dkd Children : 
An act making appropriations for the support of the Illinois Institution for the Education of 
Feeble-minded Children 14 

Geological : 
An act providing for the publication and distribution of the sixth volume of the report of 
the state geologist, to fix the amount of his salary, and provide for removing the state 

collection of geological specimens into the new state house 14 

Industrial University: 
An act making an appropriation in aid of the Industrial University, and for payment of 
taxes on land held by the state for use of said institution 16 

An act to regulate the Illinois Industrial University, and to make appropriations therefor. . . 16 
Insane Asylum, Elgin : 
An act making appropriations for the erection of the south wing of the Northern Ulinoia 
Hospital and Asylum for the Insane, at Elgin 18 

An act to provide for the payment of a deficiency in the ordinary ex;penses of the Northern 
Hospital and Asylum for the Insane, at Elgin 19 



4 b 



IV CONTENTS. 



APPROPRIATIONS— Continued : page. 

An act making appropriations for the ordinary expenses of the Northern Hospital and 
Asylum for the Insane, at Elgin 20 

An act making appropriations for the Northern Illinois Hospital and Asylum for the Insane, 
at Elgin 20 

Insane Astluji, Jackson viLbE: 
An act appropriating money to defray the ordinary expenses of the Illinois State Hospital 
for the Insane, located at Jacksonville, Illinois, and for making needed repairs and im- 
provements to said hospital 21 

Insane Asylum, Anna: 
An act making an appropriation for the completion of the central building of the Southern 
Insane Asylum 23 

An act making an appropriation for the ordinary expenses of the Southern Insane Asylum. . 22 
Normal Univeesity, Noijmal: 

An act making an appropriation for the ordinary expenses of the Normal University, at 

Normal, and for the prevention of a deficiency 23 

Normal University— Southern : 

An act making an appropriation to the Southern Illinois Normal University 24 

Reform School: 

An act making an appropriation for the ordinary expenses of the State Reform School 24 

Soldiers' Orphans' Home : 
An act to make appropriations for the Soldiers' Orphans' Home, and to maintain said insti- 
tution for the next two years 25 

Soldiers' Monument: 
An act to provide for building a soldiers' monument at the national cemetery, near Mound 
City 25 

State House : 
An act making an appropriation to continue the work on the new state house 26 

State Government : 

An act making an appropriation for the payment of the oificers and members of the next 

general assembly, and for the salaiies of the olBcers of the state government 27 

An act to provide for the expenses of the state government prior to the 13th day of January, 
1873, and to cover deficiency in appropriations therefor 27 

An act to provide for the ordinary and contingent expenses of the state government here*- 
tofore incurred and unprovided for, and until the 30th day of June, 1873 28 

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 30 

Supreme Court : 

An act making an appropriation for the purpose of furnishing the court house for the 
supreme court at Mount Vernon, Illinois, and improving the grounds thereto adjoining. . . 34 

ARBITRATIONS AND AWARDS: 

An act to revise the law in relation to arbitrations and awards 35 

ASSESSMENTS : 

An act to provide for the assessment and taxation of bridges across navigable waters on the 
borders of this state .' 37 

An act in regard to the assessment and collection of taxes in incorporated cities, towns and 
villages for the year A. D. 1872, and prior years 38 

An act extending the time for the collection of the taxes on the assessments for the year 
A. D. 1872, and delinquent and omitted taxes on the assessment books for said year . 43 

An act to amend sections sixty-six (66), one hundred and twenty-two (122), one hundred 
and thirty-seven (1.37), one hundred and fifty-five (155), one hundred and sixty-four (164), 
one hundred and sixty-nine (169), one hundred and seventy-seven (177), one hundred aud 
seventy-eight (178), one hundred and eighty-two (182), one hundred and eighty-five (185), 
one hundred and ninety-one (191), one luiudred and ninety-two (192), one hundred and 
ninety-three (193), two hundred and twelve (212), two hundred and twenty (220), two hun- ■ 
dred and twenty-one (221), two hundred and thirty-nine (239), two hundred and forty-one 
(241), two hundred and forty-seven (247), two hundred and seventy-seven (277), of 'An 
act for the assessment of property, aud the levy and collection of taxes," approved March 
30, 1872 45 

An act in regard to the assessment of property aud the levy and collection of taxes by incor- 
porated cities in this state ' - 51 

An act to provide for the collection of revenue, and for the sale of real estate for non-pa v- 
ment of taxes for state, county, municipal or other purposes, for the year A. D. 1872, in 
cities situated in counties under township organization, in wliich no collector of taxes is 
now provided for by law 57 

An act to legalize the extension of taxes in certain cases 58 

An act in regard to assessors and collectors of city taxes in incorporated cities 59 

An act in relation to the coUeotion of taxes and special assessments 60 

AUDITOR : 

An act to revise the law in relation to the auditor of public accounts 61 



CONTENTS. 



CEMETERIES: PAGE. 
Au act to provide for the removal of cemeteries 64 

CHANCERY : 

An act to further define the duties of masters in chancery and to secure the xjrompt dis- 
charge of such duties 64 

CITIES AND VILLAGES: 

An act to enable incorporated towns to cure defects in their organization and to become 
organized as villages 65 

An act to repeal section twenty-five, and to amend sections twenty-seven and twenty-eight 
of article nine of an act entitled "An act to provide for the incorporation of cities and vil- 
lages," approved April 10, 1872 66 

An act to enable the corporate authorities of cities to establish and fix salaries of city of&cers 67 

An act authorizing towns and cities which have raised money for a specific purpose, to appro- 
priate the same for other purposes 68 

COPYING LAWS AND JOURNALS : 

An act to provide for copying the laws and journals of the general assembly 68 

CONTRACTS : 

An act to amend an act entitled "An act in regard to contracts under seal, and relating to 
sales of xeal estate and the enforcement thereof." 70 

COUNTIES : 

An act to amend sections one (1) and three (3) of an act entitled "An act to enable counties 
ha-sdng over one hundred thousand inhabitants to issue bonds and borrow money for 
county purposes," approved February 23, 1872 71 

An act to enable any county which has heretofore, in pursuance of law, contracted an indebt- 
edness by issuing and delivering bounty orders to persons who enlisted and were mus- 
tered into the military service of the United States, which remains impaid, to fund the 
same, by issuing to the lawful holders thereof bonds, payable in such time, not exceed- 
ing twenty years, as maj- be deemed expedient, and bearing a rate of interest not less 
than sis nor more than ten per centum per annum 73 

An act to consolidate the offices of county treasurer and county assessor in counties not 
under township organization 74 

An act to provide for transferring territory from one county to another 74 

An act to repeal an act entitled "An act to provide for the appointment of a clerk of the 
board of supervisors in "Winnebago county," approved February 9, 1855 76 

CRIMINAL JURISPRUDENCE : 

An act to amend an act entitled "An act to amend chapter thirty of the Revised Statutes, 
entitled ' Criminal Jurisprudence, ' ' ' approved February 13, 1863 76 

COURTS— CIRCUIT : 

An act concerning the jurisdiction of circuit courts, in cases instituted against life and 
fire insurance companies 77 

An act concerning circuit courts, and to fix the times for holding the same in the several 
counties in the judicial circuits in the state of Illinois, exclusive of the county of Cook 77 

An act authorizing circuit judges to hold branch or branches of coui'ts in other than their 
judicial districts 81 

An act to authorize the present judges of the circuit courts to hold terms of ccjfirt in the 
counties, and set the times as required by law, in force on the I8th day of March, A. D. 
1873, until the expiration of their tenns of office. 82 

An act to repeal an act entitled "An act to establish a common pleas court in the city of 
Mattoon," in force February 20, 1869 82 

CITY COURT OF ALTON : 

An act to repeal an act entitled "An act to establish a city court in the city of Alton," 
approved February 9, 1859 84 

RECORDER'S COURT— LaSALLE AND PERU : 

An act to repeal so much of an act entitled ' An act to establish recorders' courts in the 
cities of LaSalle and Peru." apx)roved February 19, A. D. 1859, as provides for the estab- 
lishment of siich court in the city of Peru, and the act amendatory thereof, approved 
February 18, A. D. 1861, so far as it applies to the recorder's court of the city of Peru, 
and for the disposal of cases pending in said court, and of the books, records and reports 
thereto belonging 85 

COURTS— COUNTY : 

An act to fix the terms of county courts 87 

An act to provide for transferring from county courts of special jurisdiction all causes 
pending in which the amount clafmed to be due, or upon which judgment shall have been 
rendered in a sum exceeding five hundred dollars, to the circuit court of their respective 
counties, and also to transfer to said circuit courts all causes pending, together witli the 
judgments, records, flies and deciees of all county courts, upon whom chancery jurisdic- 
tion has heretofore been conferred by special act 87 



VI CONTENTS. 



COURTS.— Continued. page. 
An act to dofiuo the terms "eonnty court" and "court,", as used in an act entitled "An 
act to provide for tlie removal of county seats," approved March. 15, A. 1). 1872, and in 
force July 1, 1872 89 

COURTS OF RECORD : 

An act to amend section eighty-six (86) of an act entitled "An act in regard to practice in 
courts of record," approved February 22, 1872 89 

COURT— SUPERIOR : 

An act concerning the clerks of the superior court of Cook county 90 

CONVEYANCES : 

An act to amend section twenty-eight (28) of an act entitled "An act concerning convey- 
ances," approved March 29, 1872 91 

DITCHES AND LEASEES : 

An act to amend "An act to provide for the construction and protection of drains, ditches, 
levees and other works," approved April 24, 1871 91 

ELECTIONS : 

An act to amend section thirteen of an act entitled "An act in regard to elections, and to 
provide for filling vacancies in elective oflices," approved April 3, A. D. 1872 92 

FEES AND SALARIES : 

An act to amend sections forty (40) and forty-one (41) of an act entitled "An act to fix the .salaries 
of 8iato officers; of the judges of the circuit courts and superior court of Cook county; of 
the state's attorneys ; of the .judges and prosecuting attorneys of infeiior courts in cities 
and towns; of thecounty oflicers of Cook county; to regulate the fees of the secretary of 
state and of the clerks of the supreme court ; to classify the counties according to popula- 
tion, 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, jus- 
tices 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." approved March 29, A. D. 
1872 93 

An act to amend section forty-four (44) of an act entitled "An act to fix the salaries of state 
officers: of the judges of the circuit courts and superior court of Cook county; of the 
state's attorneys; of the judges and prosecuting attorneys of inferior courts in cities ajid 
towns ; of the county oliicers of Cook county : to regulate the fees of the secretary of .state 
and of the clerks of the supreme 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 accoitnts, 
and to fix a penalty for exacting illegal fees, " approved March 29, 1872 .". 95 

GAME: 

An act to revise and consolidate the several acts relating to the protection of game, and for 
the protection of deer, wild fowl and birds, and to repeal certain laws 96 

GEOLOGICAL : 

An act to amend an act entitled "An act for a geological and mineralogical survey of the 
state of Illinois," approved February 17, 1851... '. ' 98 

HOMESTEAD EXEMPTION : 

An act to amend an act entitled "An act to exempt the homestead from forced sale, and to 
provide for setting ofl:' the same, and to exempt certain personal property from attachment 
and sale on execution, and from distress for rent." 99 

INCORPORATIONS : 

An act to repeal an act entitled "An act to change the name of the town of Rand to Des- 
plaincs, and iucoi-porate the same." 102 

INDICTMENTS : 

An act to provide for recording indictments 102 

INSANE ASYLUMS : 

An act to provide for the appointment of a board of trustoos and a steward for the Southern 
Illinois In.sane Asylum, and a board of trustees lor the vSouthern Illinois Normal School, 
and to prescribe the duties of such boards of trusLoes and steward 103 

JTDICIAL CIRCUITS: 

An aet to divide the state of Illinois, exclusive of the covmty of Cook, into judicial circuits. 105 

JUDGMENT AND EXECUTION: 

An act to amend section eighteen (18) of an act approved March the 22d, 1872, entitled "An 
act in regard to judgment.^ and decrees, and the manner of enforcing the same by execution, 
and to i)rovido for the redemption of real estate sold under execution or decree." 107 

JURORS: 

An act concerning jurors 108 

JUSTICES OF THE PEACE: 

An act to amend an act entitled "An act to provide for the election and qualificntion of 
justices of the peace and cimstables, and to provide for the jurisdiction and practice of 
justices of the i)eace in civil cases, and to fix tuo duties of constables, and to repeal certain 
acts therein named," approved April 1, 1872 113 



CONTENTS. VII 



LANDS: PAGE. 
An act to dispose of all [uns]old internal improvement lands or lots belonging to the state. 114 
An act to repeal an act entitled "An act in relation to a portion of the submerged lands and 
Lake Park grounds, lying on and adjacent to the shore of Lake Michigan, on the eastern 
frontage of the city of Chicago," in force AprillC, 1869 115 

An act to compel the trustees of the lands granted to the Illinois Central Eailroad Com- 
pany to execute their trust 115 

LANDLORD AND TENANT : 

An act to revise the law in relation to landlord and tenant 118 

LIMITATIONS : 

An act to amend an act entitled "An act in regard to limitations, " approved Aprils, 1872, 
in force July 1, 1872 123 

MANUFACTFEEKS : 

An act to protect manufacturers, bottlers and dealers in ale, porter, lager beer, soda, mineral 
water and other beverages, from the loss of their casks, barrels, kegs, bottles and boxes. . . 124 



MINEES: 



An act to amend section 6 of an act entitled ''An act providing for the health and safety of 
persons employed in coal mines," approved March 27, 1872 126 

MINOES: 

An act to amend an act entitled "An act to provide for the adoption of minors," approved 
February 22, 1867 126 

NOTARIES PUBLIC : 

An act to amend section seven of an act entitled "An act to provide for the appointment, 
qualification and duties of notaries public, and certifying their official acts," approved 
Aprils, 1872 127 

OBSCENE LITEEATUEE: 

An act for the suppression of the trade id and circulation of obscene literature, illustrations, 
advertisements and articles of indecent or immoral use, and obscene advertisements of 
patent medicines and articles for producing abortion 128 

PAEKS : 

An act in regard to the completion, improvement and management of public parks and 
boulevards, and to provide a more efficient remedy for the collection of delinquent assess- 
ments 129 

EAILEOADS: 

An act to prevent extortion and unjust discrimination in the rates charged for the trans- 
portation of passengers and freights on railroads in this state, and to punish the same, 
and prescribe a mode of procedure and rules of evidence in relation thereto, and to repeal 
an act entitled "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 freights on said 
roads," approved April 7, A. D. 1871 136 

An act to amend an act entitled "An act to provide for the incorporation of associations 
that may be organized for the purpose of constructing railways, maintaining and opera- 
ting the same, for prescribing and defining the duties and limiting the powers of such 
corporations, when so organized," approved March 1, 1872 140 

An act to enable railroad companies to borrow money and to mortgage their property and 
franchises therefor 141 

An act granting a right of way to the Chicago and Pacific Eailroad Company over lands 
of the Northern Illinois Hospital and Asylum for the Insane 142 

EECOEDEE OF DEEDS: 

An act to amend an act entitled "An act to 'provide for the election of a recorder of deeds 
in counties having sixty thousand and more inhabitants," in force July 1, 1872 144 

EEFOEM SCHOOL: 

An act in regard to the State Eeform School for Juvenile Offaaders 145 

EEVENUE : 

An act to authorize the United States to acquire certain property and to cede jurisdiction of 
the same to the United States, together with the right to tax and assess the samej or the 
property of the United States thereon, during the time that the United States shall be or 
remain the owner thereof -. 148 

An act to provide the necessary revenue for state purposes 149 

EOADS AND BEIDGES: 

An act in regard to gateways, roads and bridges, in counties not under township organization. 150' 
An act in regard to roads and bridges, in counties under township organization 165 

STATE TEBASUEEE: 

An act to revise the law in relation to state treasurer 186 



VIII CONTENTS. 



WAEEHOUSES: page. 
An act to amend an act entitled "An act to regulate public warehouses and the warehonsing 
and inspection of grain, and to give effect to article thirteen (13) of the constitution of the 
state," approved April 25, 1871, in force July 1, 1871, and to establish a committee of appeal, 
and prescribe their duties 189 

WATER WOKKS : 

An act authorizing cities, .incorporated towns and villages to construct and maintain water 
works .' 190 

WOMAN : 

An act to authorize the election of women to school oifices 192- 



% 



LAWS OF ILLINOIS. 



ADMINISTRATION OF ESTATES. 



§ 1. Amend act approved April 3, 1872; in force July 1, 1872. 
§ 2. In force March 19, 1873. 

AN ACT to amend an act entitled ''An act in regard to the administration of estates,'' approved 

April 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section eighty-one of an act enti- 
tled " An act in regard to the administration of estates," approved 
April 1, 1872, be and the same is hereby amended so that the same shall 
read as follows : "If any executor or administrator, or other person inte- 
rested in any estate, shall state upon oath, to any county court, that he 
believes that any person has in possession, or has concealed or embez- 
zled any goods, chattels, moneys or effects, books of account, papers, or 
any evidences of debt whatever, or titles to land belonging to any de- 
ceased person ; or that he believes that any person has any knowledge 
or information of or concerning any indebtedness or evidences of in- 
debtedness, or property titles or effects, belonging to any deceased 
person, which knowledge or information is necessary to the recovery of 
the same, by suit or otherwise, by the executor or administrator, of 
which the executor or administrator is ignorant, and that such person 
refuses to give to the executor or administrator such knowledge or in- 
formation, 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 evidence offered by either party, 
and make such order in the premises as the case may require." 

§ 2. Whereas there are estates of deceased persons which cannot be 
properly settled in consequence of a defect in the law in respect to com- 
pelling persons to give information in their possession, an emergency is 
deemed to exist : therefore this act shall be in force from and after its 
passage. 

Appkoyed March 19, 1873. 



AGRICULTURE. 



AQEICULTUBK 



§ 1. Me-organization of agricultural societies. 

§ 2. Property to vest in county hoard. 

§ 3. Borrow money on mortgage or deed of trust. 

§ 4. All acts heretofore done declared legal. 

§ 5. In force April 18, 1873. 

AN ACT concerning the re-organization of county agriciiltural societies, in conformity to "An act to 
create a department of agriculture intlie state of Illinois," approved April 15', 1871. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assemhly, That it shall be lawful for any agricultu- 
ral society now existing- in this state to change its name and alter its 
organization, so as to conform to and comply with the act to create a 
dei)artment of agriculture, approved Aj)ril 15, 1871 ; such change of 
name and organization to be made by the directors or other managers 
of such county society, upon the consent of a majority of the life or 
permanent members of the same, evidenced in writing or by a vote 
taken at a meeting, held after giving not less than ten days' notice of 
the time and place of such meeting, and of the business to be acted 
upon : Provided, that if such society shall be a stock company, the con- 
sent of the parties owning a majority of such stock shall be obtained 
before such change can be made : And, provided, further., that all re-or- 
ganizations under this act shall be in accordance with, and in con- 
formity to, the requirements of the by-laws of the state board of agri- 
culture, as provided by the act to create a department of agriculture in 
the state of Illinois. 

§ 2. Whenever any agricultural society, being the owner of lands, or 
holding a lease of any lands, shall change its title and organization to 
conform to the act to create a department of agriculture, approved 
April 15, 1871, and shall become a county agricultural board, the lands, 
leasehold and other property owned by the society making such change, 
shall vest in and become the property of the county agricultural board,, 
for its original uses and purposes, and for the benefit of the original 
owners or members thereof. 

§ 3. It shall be lawful for the directors of any county agricultural 
board, in order to pay or secure to be paid the indebtedness of such 
board or of its predecessor, an agricultural society, or for the purpose of 
purchasing real estate for the use of such board, or to procure means to 
be expended in the improvement of its fair grounds, to make and exe- 
cute notes or other legal contracts binding such board, and to secm-e 
such notes or contracts by mortgage or deed of trust on the real estate 
now or hereafter owned by said board ; such mortgage or deed of trust 
to be executed under the seal of the county agricultural board making 
the same, and signed by the president and secretary thereof. 

§ 4. All changes of name and organization of county agricultural 
societies heretofore made in conformity to "An act to create a depart- 
ment of agriculture," and of the by-laws of the state board of agricul- 
ture in pursuance thereof, and where such action has been reported to 
the secretary of said state board of agriculture, are hereby declared 
legal and effectual j and such county agricidtural boards heretofore 



ANIMALS. 



organized shall be entitled to all the benefits of this act as fully as if 
hereafter organized. 

§ 5. Whereas, it is necessary that certain agricultural societies in 
this state should make changes immediately in their organization, to 
conform to the act makiug appropriation for the benefit of county agri- 
cultural boards, approved January 5, 1872, and to bring themselves 
within reach of aid hereafter appropriated by the general assembly of 
the state ; therefore an emergency exists, and this act shall take effect 
from and after its passage. 

Approved April 18, 1873. 



ANIMALS. 



§ 1. Amend act approved January 13, 1872 / in force Oct. 1, 1872. 
In force July 1, 1873. 

AN ACT to amend section two of an act entitled "An act to prohibit domestic animals from running 
at large in this state," approved January 13, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois^ repre- 
sented in the General Assembly, That section two of "An act to prohibit 
domestic animals from running at large in this state," approved Janu- 
ary 13, 1872, be amended to read as follows : "Any owner or owners 
violating section one of this act shall, on conviction before any justice 
of the peace having 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. Any i^erson who is or may be the owner 
of land, or who has or may have control of the same, may take up any 
domestic animal or animals when found near to or upon such land, such 
animal or animals being at large in violation of section one of this act. 
The taker up of such animal or animals shall, within two days from the 
time of the taking up, make complaint and institute a suit under the 
provisions of this act against the owner or owners of such animals ; and 
if, upon the trial, judgment shall be for the people, execution shall is- 
sue immediately upon the judgment, and the animal or animals taken 
up shall be liable to levy and sale upon the execution, the same as in 
other cases, anytiiing in the exemption laws of this state to the contrary 
notwithstanding." 

Approved May 2, 1873. 



§ 1. Towns to prohibit domestic animals from running at large. 
§2. Establishing and maintaining pounds. 
In force July 1, 1873. 

AN ACT to enable towns to prohibit domestic animals from running at large in counties where they 

are not prohibited by law. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That in any county in this state which 
has adopted township organization, or which may hereafter adopt town- 



ANIMALS. 



ship organization, and where domestic animals are not prohibited from 
running at large by law, that, on petition of not less than twenty legal 
voters of any town to the town clerk, it shall be the duty of the town 
clerk to give notice, with the notice of the annual town meeting, that 
the question of votiug for and against domestic animals or any species 
of the same running at large, will be submitted to the legal voters of 
such town at such town meeting ; which vote shall be by ballot, whicli 
ballots shall be printed or written, or partly written and partly i)rinted, 
on the ballots voted for town officers ; and if a majority of the votes 
cast at such town meeting shall be against domestic animals or any 
species thereof from running at large, then it shall be imlawful for such 
animals to run at large in such town : Frovided., that if sufficient time 
does not elapse after this act takes effect to give the required notices for 
the question to be voted on at the annual town meeting in April, 1873, 
the town clerk of any such town shall, on a like petition, call a special 
town meeting for that purpose, notice of which special town meeting 
shall be given for the length of time and in the manner for the annual 
town meetings. 

§ 2. In case a majority of votes at such annual or special town meet- 
ing is against domestic animals running at large, the electors may pro- 
Adde by a vote of the majority at such meeting, to be ascertained in 
some convenient manner — 

First — To establish and maintain a pound or pounds at such places 
within the town as may be deemed necessary and convenient. When 
any pound is erected, it shall be under the care and direction of a poimd 
master. 

Becmid — To determine the number of pound masters and prescribe 
their duties, and choose the same in such manner as they may deter- 
mine. 

Third — To authorize the distraining, impounding and sale of cattle, 
horses, mules, asses, swine, sheep or goats, for penalties incurred and 
costs of proceedings : Frovided^ that the sale of animals distrained or 
impounded shall be conducted, as nearly as may be, according to the 
law regulating sales of property by constables under execution : Andy 
provided, also, the owners of such animals shall have the right to redeem 
the same from the purchaser thereof, at any time within three months 
from the date of the same, by i^ayiiig the ainouut of the purchaser's bid, 
with reasonable costs for their keeping, and interest on the amoiuit bid 
at the rate of ten i>er cent, per annum. 

Fourth — To apply all penalties, when collected, in such manner as 
may be deemed most to the interest of the town. 

Appeovbd April 11, 1873. 



§ 1. Amending act of Jan. 13, 1872, hy adding section five of this act. 
In force May 1, 1873 

AN ACT to amend an act entitled "An act to prohibit domestic animals from running at large in this 
state," approved January 13, 1S72. 

Section 1. Be it enacted hy the Feople of the State of Illinois, repre- 
sented in the General Assembly, That said act be and the same is hereby 
amended, by adding the following section thereto, riz: 



ANIMALS. 



"Section 5. It shall be unlawful for domestic animals, or any species 
thereof, to run at large in any tOAvn, city or precinct in this state, where 
such animals were lawfully restrained from running at large before or 
at the time the act to which this is an amendment took effect, until per- 
mitted to do so by the lawful authority of such town or city, or by a 
majority vote of such precinct." 

Whereas, in some coimties in this state, many towns, cities and pre- 
cincts had lawfully restrained domestic animals from running at large, 
previous to the passage of the act to which this is an amendment, and 
therefore abandoned fencing ; and whereas, under the provisions of said 
act, the majority vote in some of such counties was against restraining 
such animals from running at large, leaving many farms unprotected by 
fence, at the mercy of such animals, thereby creating an emergency : 
therefore, this act shall take effect and be in force from and after its 



passage. 
Approved May 1, 1873. 



AFPB OFBIA TIOJ^S. 



BLIND. 

§ 1. Erection of center or main building, $75,000. 
In force July 1, 1873. 

AN AC?) to provide for the erection of buUdinoja necessary for the education of the blind of the state 

of niinois. 

Whereas the institution for the education of the blind, located at 
Jacksonville, in the stat« of Illinois, was burned, and since its destruc- 
tion the trustees of said institution, without any appropriation therefor 
from the state treasury, did erect a small wing for a future edifice on 
the site of the old institution ; and whereas, said wing is not of capacity 
to receive and accommodate more than about one-third of the youthful 
blind of the state ; now, therefore, 

Section 1. Be it enacted by tJw People of the State of Illinois, repre- 
sented in the General Assembly, That the sum of seventy-five thousand 
dollars is hereby appropriated out of the state treasury to erect a center 
or main building for the education of the blind, on the premises owned 
by the state at Jacksonville, in Morgan county, and state of Illinois — 
said sum to be paid in quarterly payments, beginning on the first day 
of July, A. D, 1873, and to be paid by the auditor of public accounts 
drawing his warrants on the treasurer for said quarterly payments, up- 
on orders of the board of trustees of said institution, signed by the pre- 
sident and attested by the secretary of said board of trustees of said in- 
stitution. 

Approved May 3, 1873. 



APPROPRIATIONS. 



§ 1. Seventeen thousand Jive hundred dollars per annum. 
In force July 1, 1873. 

AN ACT making appropriations for the Illinois Institution for the Education of the Blind, for the 

years 1873 and 1874. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented m the Geiwral Assembly, That the sum of seventeen thousand 
five hundred dollars per annum is hereby appropriated, payable out of 
the treasury, in quarterly payments, in advance, from the first day of 
July, 1873, until the expiration of the first fiscal quarter after the 
adjournment of the next general assembly, to defray the ordinary ex- 
penses of the Illinois Institution for the Education of the Blind. 

§ 2. The auditor of public accounts is hereby authorized and required 
to draw his warrant on the treasui^er for said sums, upon orders of the 
board of trustees of said institution, signed by the president and at- 
tested by the secretary of said board of trustees with the seal of said 
institution, accompanied by satisfactory vouchers, approved by the gov- 
ernor, for the expenditure of the last quarterly or other installment of 
the appropriations herein or heretofore made, for ordinary expenses. 

Approved April 24, 1873. 



DAM AND LOCK, 

§ 1. Wet proceeds appropriated. 

§ 2. Treasurer to invest net earnings. 

§ 3. When commissioners may contract. 

§ 4. Advertise for proposals. 

§ 5. Estimates to be made and approved by the governor before construc- 
tion can commence. 

§ 6. Commissioners cannot obligate the state for any sum in excess of 
appropriation. 

§ 7. Commissioners to make monthly statements to governor. 

§ 8. Commissioners to receive no portion of this appropi^iation for services. 
In force July 1, 1873. 

AN ACT authorizins; the board of canal commissioners to construct a dam and lock at or near Coppe- 
ras creek, and to make an appropriation for such improvement. 

Whereas, in pursuance of an act approved February 25, A, D. 1889, 
entitled "An act to amend an act approved February 28, A. D. 1807," 
and an act additional thereto, approved March 7, A. D. 1872, under and 
by authority of which acts the improvement of the navigation of the 
Illinois river has been commenced, by the construction of a lock and 
dam in the town of Henry, in Marshall county, which has been com- 
pleted, and which is a part of a system of locks and dams, to the num- 
ber of five, projected by engineers for the complete improvement of the 
navigation of the Illinois river; and whereas no further i>rogress can 
be made in the imi)rovenient of the navigation of said river without 
further appropriation, such appropriation being now necessary for the 
building of a lock and dam at or near Copperas creek, which, when 
completed, will add fifty-nine miles of river transportation, and thus 



APPEOPRTATIONS. 



tend to the reduction of freights to the head waters of Lake Michigan, 
and to the Mississippi river ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois^ repre- 
sented in the General Assembly, That there be and is hereby appropriated 
the net proceeds of the revenue derived from the Illinois and Michigan 
canal, and the lock at Henry, on the Illinois river, until the exj)iration 
of the first fiscal quarter after the adjournment of the next regular ses- 
sion of the general assembly, to be expended by the canal commission- 
ers in the construction of a lock and dam across the Illinois river at 
or near Cdpperas creek, and necessary work in connection therewith ; 
■ said lock to be not less than three hundred and fifty feet in length and 
seventy-five feet in width. 

§ 2. It shall be the duty of the state treasurer to invest the net earn- 
ings received by the state from the Illinois and Michigan canal, and the 
lock at Henry, on the Illinois river, in United States or other interest 
bearing bonds, as may be designated by the governor, which interest 
shall be added to the principal, or re-invested, as aforesaid, until there 
shall be in the hands of such treasurer at least one himdred thousand 
dollars of such funds, which funds shall be designated as the "Illinois 
River Improvement Fund." 

§ 3. Said commissioners, as soon as there shall be in the hands of 
the state treasurer the sum of one hundred thousand dollars of the said 
Illinois River Improvement Fund, are hereby authorized to take efficient 
and proper measures for the commencement of the improvements named 
in this act, and shall put such parts of them as they may deem proper 
under contract, as herein provided, and shall have the management, 
care and su]3erintendence thereof. They may employ a general super- 
intendent, and may also employ such and as many engineers, draughts- 
men, and other persons as they may deem necessary to enable them to 
discharge their duties, and may pay such compensation as they may 
deem reasonable to each person so employed : Provided, that no contract 
shall be made until the necessary survey shall have been made, and 
plans adopted : And, provided^ further, that the cost of said improve- 
ments, when completed, including i:)lans and surveys and all incidental 
ex])enses, shall not exceed the sum of four hundred and thirty thousand 
dollars. The work may be divided, or let in sections, as may be deemed 
advisable, by said canal commissioners. 

§ 4. ISlo contract for the doing of said work shall be let until the 
same shall have been advertised in a daily paper, published in each of 
the cities of Chicago and Peoria, for at least four weeks prior to the 
time named for letting such contract; and all bidding shall be by sealed 
proi)osals, and those of the lowest responsible bidder shall be accepted. 
Said commissioners shall require all parties taking contracts to furnish 
bonds for the completion of the work undertaken by them, and shall 
name the amount to be inserted in such bonds at the time the contracts 
are awarded. 

§ 5. Said commissioners are hereby strictly forbidden to commence 
the construction of said lock and dam, by contract or otherwise, as pro- 
vided for in this act, unless they shall first ascertain, from the estimate 
of a competent engineer, that the same, including all incidental expenses, 
can be completed for a less sum of money than four hundred and thirty 
thousand dollars ; which estimate shall be approved by the governor 
and filed with the auditor, before the appropriation herein named can 
be drawn. 



8 APPROPRIATIONS. 



§ 6. Said commissioners shall not obligate the state for the payment 
of any sum of money in excess of the appropriation made for the pur- 
poses herein named. The account of the expenditures of said commis- 
sioners shall be certified by said commissioners, or a majority of them, 
approved by the governor, and audited by the auditor; the auditor 
shall, thereupon, draw his warrant upon the treasurer therefor, to be 
paid out of the fund hereinbefore provided. 

§ 7. The said commissioners, at the end of each month, shall make 
np a statement of all work done during such month, and the amount 
agreed to be paid for the same, together with all expenses pertaining 
to the prosecution of the work, and with the certificate of the engineer 
in charge ; which statement shall be sworn to by the commissioners, or 
a majority of them, and presented to the governor for his approval. 
Such statement, so approved, shall be authority for the auditor to draw 
his warrant upon the state treasurer for the sum so approved by the 
governor; said money to be paid to the contractors and others in charge 
of the work, by the treasurer of said board of canal commissioners, for 
which vouchers shall be taken, and sent to the auditor of state; and 
the auditor of state and treasurer shall, from time to time, as re- 
quested by the president of said board of canal commissioners, furnish 
him with a statement of the amount of money in the treasury which 
may be used in the construction of said improvements. 

§ 8. No portion of the moneys provided for in this appropriation 
shall be used in payment of the salaries of said canal commissioners; 
neither shall said commissioners be entitled to any additional compen- 
sation because of the extra labor required by the construction of the 
imi3rovements contemplated in this act. 

Approved April 17, 1873. 



DEAF AND DUMB. 

§ 1. Chapel, dining room, school huildings, $79,500. 
In force July 1, 1873. 

AN ACT for the erection of a cliapel, dining room and school buildings for the Illinois Institution for 
the Education of the Deaf and Dumb. 

Section 1. Be it enacted by the People of the State of lllhwis, repre- 
sented in the General Assembly, That for the purpose of the erection of a 
chapel, dining room and school buildings for the deaf and dumb, which 
the inadequate accommodation of the institution, and the law govern- 
ing the admission of pupils, and a true regard for the interests of the 
deaf and dumb imperatively demand, the sum of sixty thousand dollars 
($60,000) or so much thereof as may be necessary for the erection of 
said buildings, is hereby appropriated out of the treasury, ijayable to 
the contractor or person or persons to whom the same is due. And that 
there be and is ht^reby appropriated the sums of seventeen thousand dol- 
lars ($17,000) for warming and lighting the said buildings and the 
erection of a boiler house ; two thousand five hundred dollars ($2,500) for 
the erection and fitting up of a laundry, ]>ayable out of the levy of 1873. 

§ 2. The auditor of public accounts is hereby authorized and required 
to draw his warrant on the treasurer for the said sums, upon the order of 



APPROPRIATIONS. 



the board of directors of tlie Illinois Institution for the Education of the 
Deaf and Dumb, signed by the j) resident and attested by the secretary 
of said board with the seal of the institution ; but no warrant shall is- 
sue unless the orders of said board of directors shall be accompanied 
with satisfactory vouchers approved by the governor ; and the sum 
hereinabove appropriated shall be in full for the comi)letion of said 
buildings and improvements. 
Approved May 3, 1873. 



§ 1. Support of the institution^ $72,000 jjer annum ; and $9,750. 
In force July 1, 1873. 

AN ACT for the support of the Dliuois Institution for the Education of the Deaf and Dumb. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assemhly, That for the purpose of defraying the 
ordinary expenses of the Illinois Institution for the Education of the 
Deaf and Dumb, from the first day of July, 1873, until the expk-ation 
of the first fiscal quarter after the adjournment of the next regular ses- 
sion of the general assembly, the sum of seventy thousand dollars 
($70,000) j)er annum be and is hereby ajjpropriated, payable quarterly 
out of the treasury ; and that there be and is hereby appropriated the 
further sum of two thousand dollars ($2,000) per annum, for repairs 5 
three thousand seven hundred dollars ($3,700) for the renewal and fur- 
nishing of bedding ; three thousand eight hundred and fifty dollars 
($3,850) for the renewal of the roof of the main building and north 
wing ; eight hundred dollars ($800) for the renewal and repairs of floors; 
one thousand four hundred dollars ($1,400) for repainting the wood work 
of the main building and north wing of said institution : Provided, that 
after payment for one quarter has been made, no warrants shall be is- 
sued in favor of said institution until satisfactory vouchers shall have 
been filed with the auditor of public accounts by the superintendent of 
said institution, approved by the trustees and by the governor, showing 
in detail the amount and nature of each and every expenditure made 
out of the preceding quarterly installment of said appropriation, verified 
by the afUdavit of the i^rincipal. 

§ 2. The auditor of public accounts is hereby authorized and required 
to draw his warrant on the treasurer 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 secretary 
of said board with the seal of the institution. 

Approved April 29, 1873. 



10 APPEOPKIATIONS. 



EYE AKD EAE I]!^FIRMAET. 

§ 1. Payments to lie made out of the levy o/1872 and 1873. 

§ 2. Flans and specifications to he submitted to the governor. 

§ 3. Advertise for proposals. 

§ 4. Time and place of opening proposals. 

§ 5. Bond to he approved hy governor / hoio payments are to he made. 

§ 6. Contract to he signed hy president^ countersigned hy secretary^ and 
deposited in the office of the secretary of state. 

§ 7. Trustees may accept bids for particular portions of the ivorli. 

§ 8. Trustees authorized to receive gifts and donations of labor, ma- 
terial or service. 

§ 9. Unexpended halance to he used for other purposes. 

§ 10. Money to he paid to the party direct. 
In force July 1, 1873. 

AN ACT making an appropriation in aid of the erection and for the completion of a building for the 
Illinois Charitable Eye and Ear Infirmary. 

Whereas, in the disastrous Chicago fire which occurred on the ninth 
day of October, 1871, the building occupied by the Illinois Charitable 
Eye and Ear Infirmary was wholly consumed, with its contents, and 
the said institution has since that date occupied leased premii^es ; and 
whereas, the Chicago Eelief and Aid Society has made a donation to 
the said infirmary of the sum of twenty thousand dollars, for the pur- 
chase of a site and the erection of a building thereon ; and whereas, the 
said infirmary has now in possession land and cash accruing from this 
and other private gifts, valued at thirty-three thousand dollars, to be 
used for the purpose aforesaid, of which the state of Illinois will receive 
the entire benefit, as soon as the said building can be erected; there- 
fore. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assemhly, That for the purpose of erecting a build- 
ing for the use of the said Illinois Charitable Eye and Ear Infirmary, in 
the city of Chicago, and for plumbing, heating and ventilation of the 
same, and to fit the same for occupancy by one hundred patients, the 
sum of twenty-eight thousand dollars (of which ten thousand dollars 
shall be payalDle out of the levy of 1872, and eighteen thousand shall be 
payable out of the levy of 1873), is hereby appropriated, to be paid out 
of any moneys not otherwise appropriated, as hereinafter i)rovided. 

§2. The trustees of the said institution are hereby authorized and 
required to cause to be prepared suitable j)lans and specifications, in 
accordance with the first section of this act, by a competent architect, 
(for which the usual percentage shall be aUowed, payable in monthly 
installments, as the work upon the said building progresses,) which 
shall be submitted to the governor for his approval, before acceptance ; 
and the said plans and specifications shall in no case be accepted, un- 
less accompanied by a written and signed certificate of the architect, 
stating that in his professional judgment the said building can be com- 
pleted for a sum not exceeding forty-five thousand dollars. 

§ 3. Whenever the plans and specifications pro\aded for in this act 
shall have been approved by the governor and adopted by the trustees, 
the trustees shall cause to be inserted, in at least five of the daily news- 
papers published, in the city of Chicago, an advertisement for sealed 



APPROPEIATIONS. 11 



bids for the construction of tlie building herein authorized ; and they 
shall furnish a printed copy of this act and of the speciiications to all 
parlies interested who may apply therefor. And all parties interested, 
who may desire it, shall have free and full access to the plans, with the 
privilege of taking notes and making memoranda, and the trustees shall 
furnish answers to all inquiries addressed to them, on the subject of the 
proposed building, to the best of their ability and belief. 

§ 4. Not less than thirty days after the publication of the said pro- 
posals for bids, on a day and at an hour to be specified in the said ad- 
vertisement, in the city of Chicago, at the infirmary, in the presence of 
the trustees and of the bidders, or of so many of them as may be present, 
the bids received shall be opened for the first time, and the contract for 
building shall be let to the lowest and best bidder : Provided, that with 
the consent and approval of the governor, any and all bids may be re- 
jected, for sufficient cause : A7id, provided, further, that no bid shall be 
accepted which is not accompanied by a good and sufficient bond, in the 
penal sum of one thousand dollars, signed by at least three sureties of 
known ability and integrity, as a guaranty for the ability and good faith 
of the bidder. 

§ 5. The contract to be made with the successful bidder shall be ac- 
companied by a good and sufficient bond, to be approved by the gover- 
nor before acceptance ; and the said contract shall provide for the ap- 
pointment of a superintendent of construction, who shall carefully and 
accurately measure the work done and the materials upon the grounds, 
at least once in every month ; and for the payment of the contractor 
upon the aforesaid measurements; and for the withholding of fifteen 
per cent, of the value of the work done and materials on hand, until the 
completion of the building, as a guaranty of its completion 5 and for a 
forfeiture of a stipulated sum per diem for every day that the comple- 
tion of the work shall be delayed, after the time specified in the contract 
for its completion, unless such delay shall be due to the act of the trus- 
tees themselves; and for the full protection of sub-contractors, by with- 
holding j)ayment from the contractor, and by paying the sub-contract- 
ors directly for all work done by tliem, in case of failure or refusal on 
the part of the contractor to fulfill his engagement with them ; and for 
the settlement of all disputed questions as to the valuation of alterations 
and extras, or any other disputed questions which ma^^ arise under the 
contract, by arbitration, as follows: one arbitrator to be chosen by the 
trustees, one by the contractor, and one by the governor of the state — 
all three of the said arbitrators to be practical mechanics and builders ; 
and for the reservation by and to the trustees, of the right, under the 
contract, to order changes in the plans and detailed drawings, at their 
discretion, and the right to refuse to accept any work which may be 
done, and not be fully in accordance with the letter and spirit of the 
plans, specifications and detailed drawings, and all work not accepted 
shall be replaced at the expense of the contractor ; and for a deduction 
from the contract price of all alterations ordered by the trustees, which 
may and do diminish the cost of the building. 

§ 6. The said contract shall be signed by the presidenT of the board 
of trustees, in behalf of the board, after a vote authorizing him so to 
sign shall have been entered upon the minutes of the board ; and it shall 
be attested by the counter-signature of the secretary of the board and 
by the seal of the institution. It shall be drawn in duplicate, and one 
copy of the same shall be deposited in the office of the secretary of state. 



12 APPROPRIATIONS. 



§ 7. All bids shall sliow tlie estimated cost of the work to be done, 
of each description, in detail; and the trustees shall have the right and 
power, at their discretion, to accept bids for particular portions of the 
work, if for the advantage of the state ; and all measurements and ac- 
counts, as the work progresses, shall show, in detail, the amount and 
character of the work for which payment is made. 

§ 8. The trustees are authorized to receive gifts and donations of la- 
bor, materials or services in aid of the proposed building, and the value 
of the same, as agreed upon between the trustees and the contractor, 
shall be deducted from the amount due the contractor, upon final set- 
tlement. 

§ 9. In case the whole amount herein appropriated shall not be needed 
for the completion of the building herein i)roposed, in consequence of 
gifts from private persons, or for other cause, the surplus remaining 
after final settlement with the contractor may be applied to the purchase 
of furniture, fixtures, apijaratus or other appliances for the use and 
comfort of the patients in the said infirmary. 

§ 10. The moneys herein appropriated shall be paid to the parties to 
whom the}?^ may become due and jjayable, directly from the treasury of 
the state, on the warrant of the auditor of public accounts ; and the au- 
ditor is hereby authorized and directed to draw the said warrants for 
moneys due under this act, upon the order of the board of trustees, ac- 
companied by vouchers api^roved by the governor. 

Approved May 7, 1873. 



§ 1. Ordinary expenses, $12,000 per annum. 
§ 2. Satisfactory vouchers to he filed ivith auditor. 
§ 3. Annual report to shore exact receipts and expenditures. 
§ 4. Pauper patients to he received on certificate of their ahsolute 
inability. 
In force July 1, 1873. 

AJS ACT making an appropriation for the ordinary expenses of the niinois Charitable Eye and Ear In- 
firmary, and for furniture. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assemhly, That there be and hereby is appropria- 
ted to the Illinois Charitable Eye and Ear Infirmary, at Chicago, for the 
payment of the; board of pauper patients from the several counties of 
this state, the sum of nine thousand five hundred dollars per annum, one 
thousand five hundred dollars per annum to pay the rent of buildings tem- 
porarily occupied by the infirmary until a permanent building can be erec- 
ted, and one thousand dollars i)er annum for furniture ; all the foregoing- 
sums payable on or before the tenth day of July, A, D. 1873, and A. I). 
1874, respectively. 

§ 2. The auditor of public accounts is hereby authorized and required 
to draw his warrant upon the treasurer for the said sums, upou order of 
the board of trustees, signed by the president and attested by 
the secretary of said board with the corporate seal of the institution : 
Provided, that no part of the moneys herein appropriated shall be due 
and payable to the said institution until satisfactory vouchers, in detail, 



APPROPRIATIONS. 13 



approved by tlie governor, have been filed with the auditor for the ex- 
penditure of the last quarterly or other installment of appropriations 
herein or heretofore made. 

§ 3. An exact account of the manner in which this money drawn from 
the state treasury shall be expended, shall be printed in the annual re- 
ports of the infirmary, and that a statement of all the receipts and ex- 
penditures of the infirmary shall be made aimuallj^ to the governor. 

§ 4. The money herein appropriated for the board of i3auper patients 
shall be expended for the sujiport of needy patients from the state of 
Illinois suffering from diseases of the eye or ear, wlio shall present the 
superintendent of the infirmary written certificates of their place of res- 
idence, 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 
13hysician. 

Appro\^d April 29, 1873. 



EXECUTIVE mansio:n^. 

§ 1. Repairing and refurnishing executive mansion and grounds. 
§ 2. Expenditures to he reported to general assembly. 
In force July 1, 1873 

AN" ACT making an appropriation for repairing and refurnishing tlie executive mansion and grounds 
and for fitting the same for use and occupation. 

Section 1. Be it enacted hy the People of tlie State of 1 llinois, repre- 
sented in the General Assembly, That there be and hereby is appropria- 
ted out of any moneys in the treasury not otherwise appropriated, for 
the iDurpose of repairing and refurnishing the executive mansion and 
grounds, and for fitting the same for use and occupation, the following 
sums : 

First — For rex^airing the executive mansion, out-buildings, plumbing 
and gas fixtures, nine thousand five hundred dollars. 

Second — For furnishing the executive mansion, six thousand dollars. 

Third — For heating apparatus, and i^utting in the same for use, two 
thousand five hundred dollars. 

Fourth — For care of the grounds, one thousand dollars per annum^ 
for two years : Provided^ that should there be any excess of money for 
any of the specific objects named in any of the first three clauses, such 
excess may be used for any other of the specific objects mentioned in 
any of said first three clauses. 

§ 2. The governor shall keep an itemized account of all moneys ex- 
pended by him under this act, and shall report such expenditures at the 
next session of the general assembly, with vouchers, for all moneys paid 
out by him by virtue hereof. 

§ 3. Said money shall be subject to the order of the governor, and 
shall be used by him for the purposes aforesaid. The auditor of public 
accounts shall, on the presentation of such order of the governor, draw 
his warant on the treasurer therefor, and the treasurer is hereby directed 
to pay the same. 

Approved May 3, 1873. 



14 APPROPRIATIONS. 



FEEBLE-MINDED CHILDREN 

§ 1. Support of the institution^ $24,500 per annum. 
In force July 1, 1873. 

AN ACT making appropriations for the support of the Illinois Institution for the Education of Feeble- 
minded Children. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the sum of twenty -four thousand 
dollars ($24,000) per annum is hereby appropriated, from the first of 
July, eighteen hundred and seventy-three (1873), until the expiration of 
the first fiscal quarter after the adjournment of the next regular session 
of the general assembly, for ordinary expenses, for the Illinois Institution 
for the Education of Feeble-minded Children ; also, the sum of five hundred 
dollars ($500) per annum, for insurance and furniture, from the first of 
July, eighteen hundred and seventy -three (1873), until the expiration of 
the first fiscal quarter after the adjournment of the next regular session of 
the general assembly, for the same institution ; and said sums shall be paid 
in quarterly installments, in advance, from the state treasury : Provided, 
that after payment for one quarter has been made, no warrants shall be 
issued in favor of said institution, until satisfactory 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 preceding 
quarterly installment of said appropriation, verified by the affidavit of 
the superintendent. 

§ 2. The auditor of public accounts is hereby authorized and required 
to draw his warrants on the treasurer of state for the said sums, upon 
orders of the board of trustees of the Illinois Institution for the Educa- 
tion of Feeble-minded Children, signed by the president and attested by 
the secretary of said board with the seiil of the institution. 

Approved April 24, 1873. 



GEOLOGICAL. 

§ 1. N'umber of copies to be published ; engravings, $7,500. 
§ 2. Same style anA quality as former volumes. 
§ 3. Distribution of the same. 
§ 4. Removal of state collections, $125 
§ 5. Salary of state geologist, $2,600 per annum. 
In force July 1, 1873. 

AN ACT providing for the puhlication and distribution of the sixth volume of the report of the 
state geologist, to fix the amount of his salary, and provide for removing the state collection 
of geological specimens into the new state house. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the publication of three thousand 
copies of the sixth volume of the report of the state geologist is hereby 
authorized, and the sum of seven thousand five hundred dollars, to- 
gether with any unexpended balance of the appropriation to defray the 



APPROPRIATIONS. 15 



cost of engraving for the fifth volume that may remain after the said 
fifth vokime is published, is herebj'^ appropriated to defray the cost of 
engraving the necessary plates, maps and diagrams for the sixth vol- 
ume ; said engraving to be done under the direction of the state geolo- 
gist, who shall first obtain bids for doing the work from several differ- 
ent engravers, and shall submit such bids to the governor, who shall 
first ai)prove the bid most favorable to the state, and order the state 
geologist to make a contract on the terms of said bid, payment to be 
made on vouchers approved by the governor and the state geologist. 

§ 2- The secretary of state is hereby required to i)rocure the paper 
necessary for the said sixth volume, of a quality not inferior to that 
used in the volumes of the report already published, and to have the 
said sixth volume printed under the state contract for public printing, 
and bound by the public binder in the same style and quality as the 
former volumes of this report, at a rate to be fixed, before delivered to 
him, by the secretary of state, auditor and treasurer, with the aid of 
experts, as now provided by law ; and the amount necessary to defray 
the expenses of the same is hereby appropriated. 

§ 3. The secretary of state is hereby authorized to distribute the 
said sixth volume, when published, as follows : One coiiy to each col- 
lege, educational, historical and literary institution in the state, as now 
provided by law ; two hundred and fifty copies to the state geologist, 
for foreign distribution and exchange — a list of which shall be submit- 
ted to the governor for his approval — and the balance of said volumes 
to the members of the twenty-eighth general assembly, to be by them 
distributed in their respective counties and districts, as far as practica- 
ble, to those iiersons who have sets of the preceding voliunes. 

§ 4. The state geologist is hereby required to move the state collec- 
tion of geological specimens, now in the basement of the post oifice 
building in this city, into the room prepared for its recei^tion in the new 
state house, and the sum of one hundred and twenty-five dollars, or so 
much thereof as may be necessary, is hereby appropriated to defray the 
expense of removak 

§ 5. The salary of the state geologist shall be twenty -five hundred 
dollars per annum, for two years, from and after the first day of July, 
A. D. 1873, and his necessary of&ce and traveling expenses, not to ex- 
ceed six hundred dollars per annum; and he shall be allowed the fur- 
ther sum of five hundred dollars per annum, from said date, to defray 
the salary of an assistant, who shall be paid at that rate only for the 
time actually employed — all of which sums shall be i)ayable quarterly — 
and he shall be allowed the further sum of fifteen hundred dollars for 
drawings for the sixth and final volume of his report ; all of which 
sums are hereby appropriated. ^ 

APPEOY32D AjDril 23, 1873. 



16 APPEOPEIATIONS. 



nroUSTEIAL UNIYEllSITY. 

§ ±. For payment of taxes, $1,500. 
In force July 1, 1873. 

AK ACT maldng an appropriation in aid of the Industrial University, and for payment of taxes on 
land held by the state for use of said institution. 

Section 1. Be it enacted hy the People of tlie State of Illinois, repre- 
sented in the General Assembly, That there be and hereby is appropriated 
to the Industrial University, at Urbana, in aid of the experiments in 
progress upon the experimental farm, the sum of fifteen hundred dol- 
lars. For the payment of taxes accruing in the years 1872 and 1873 
on lands owned and held by the state for the use of said mstitution, in 
the county of Gage, in the state of Nebraska, and in the counties of 
Pope, Kandigoh and Een^dlle, in the state of Minnesota, the sum of 
^three thousand dollars per annum. 

§ 2. The auditor of state is hereby authorized and directed to draw 
his warrant upon the treasurer for the sum herein appropriated, upon 
the order of the board of trustees, signed by the president and attested 
by the secretary with the corporate seal of the institution : Provided, 
that no part of this money shall be due and jiayable to the said institu- 
tion, until satisfactory vouchers, in detail, approved by the governor, 
have been filed with the auditor for the expenditure of all sums previ- 
ously- dra^m. 

§ 3. This appropriation shall be and continue in force from the first 
day of July, 1873, until the ex]3iration of the first fiscal quarter after 
the adjournment of the next general assembly. 

Approved April 29, 1873. 



INDUSTEIAL UNIYEESITT. 

§ 1. Oovernor to appoint trustees. 

§ 2. Terms of office ; vacancies, how filed. 

§ 3. Who shall not hold office or be interested in contracts. 

§ 4. Termination of fiscal year ; annual reports to be made. 

§ 5. U lection of president. 

§ 6. What branches of education shall be taught. 

§ 7. Endoicment fund, hoiv invested. 

§ 8. Illinois Central Railroad Company — freights. 

§ 9. Appropriation. 

In force July 1, 1873. 

AN ACT to regulate the niinois Industrial University, and to make appropriations therefor. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the Oeneral Assembly, That it shall be the duty of the governor, 
within ten days after the taking effect of this act, to appoint nine trus- 
tees — three in each of the three grand divisions of this state — who, 
together witli the governor and the president of the state board of agri- 
culture for the time being, shall constitute the board of trustees of the 



APPR0PE,1ATI0NS; 17 



Ulinois Industrial University, and shall succeed to and exercise all the 
powers conferred by tke act entitled "An act to provide for the organi- 
zation and maintenance of the Illinois Industrial University," approved 
February 28, 1807, except as is herein or may be hereafter provided by 
law. The said appointments shall be subject to approval or rejection 
by the senate, at its present or next session thereafter, and the ap- 
pointees shall be and are hereby authorized to act as trustees of the 
said university from the time of such appointment, unless. in case of 
rejection by the senate, until their successors shall be appointed by the 
governor, and such appointment shall be approved by the senate. 

§ 2. The members of the board of trustees, and their successors, 
shall hold their office for the term of six years each : Provided, that at 
the first regular meeting of said board, after such appointment, the 
said members shall select by lot three of their number to hold office for 
two years, three to hold office for four years, and three to hold office for 
six years, from the time of convening of the present general assembly. 
The governor, by and with the advice and consent of the senate, sball 
fill all vacancies which may at any time occur by expiration of term of 
office, or otherwise, in said board, by appointment of suitable persons 
resident in the respective grand divisions in which such vacancies may 
occur. Said board of trustees may appoint an executive committee of 
three, chosen out of their own number, wbo, when said board is not in 
session, shall have the management and control of the said university 
and of its affairs, and for that purpose shall have and exercise all the 
powers hereby conferred on said board which are necessary and proper 
for such object, except in so far as the said board may and does reserve 
such powers to itself; and any powers granted at anytime, by said 
board, to said executive committee, may be by them at any time re- 
voked. 

§ 3. Ko member of said board shall hold or be employed in or ap- 
pointed to any office or place under the authority of the board of which 
he is a member, nor shall any member of said board be directly or indi- 
rectly interested in any contract to be made by said board for any pur- 
pose whatever. 

§ 4. The fiscal year of the said university is hereby declared and re- 
quired to terminate on the ihirty-first day of August in each year, and 
all reports of the university, except catalogues aud circulars, shall be 
addressed to the governor, and the annual reports shall contain a full 
account of the financial and other transactions of the university to the 
close of the fiscal year, as aforesaid, together with a full statement of 
the then condition of the endowment fund, and shall be presented to 
the governor on or before the fifteenth day of October in each year : 
Provided , that no less number of said reports be published annually 
than is now authorized by law. 

§ 5. The trustees of the said university shall elect, annually, from 
their own number, a president, who shall also be one of the executive 
committee of three authorized by this act, in case such committee should 
be chosen and appointed by the said board ; and no money shall be 
drawn from the treasury of the university, except by order of the board 
of trustees or of the executive committee aforesaid, on the warrant of 
the president of the said board, countersigned by the recording secre- 
tary. 

§ 6. All pupils attending the said university shall be taught, and 
shall study, such branches of learning as are related to agriculture and 
the mechanic arts, and as are adapted to promote the liberal and prac- 



18 APPEOPRIATIONS. 



tical education of the industrial classes in the several pursuits and pro- 
fessions of life, without excluding other scientiiic.and classical studies, 
and including, for all male students, military tactics. 

§ 7. The treasurer of the said university and the said board are 
hereby required in future to invest the principal of the funds arising 
from the endowment of the United States, in interest-bearing bonds of 
the United States, or of this state, or of other states which did not par- 
ticipate in the late rebellion. They are hereby prohibited from chang- 
ing the securities in which said fund may be invested, without the 
express permission of the general assembly, except that county bonds, 
in which some of said funds are now invested, may be sold, and the ])to- 
ceeds thereof invested in interest-bearing bonds of the class and char- 
acter specified above in this section. 

§ 8. All charges for freights heretofore or hereafter accruing over the 
Illinois Central raik-oad for the use or benefit, directly or indirectly, of 
the said university, shall be applied on the subscription of fifty thou- 
sand dollars to the funds of said university, until the said subscription 
shall be exhausted, and no such freights shall be paid in money by the 
trustees to any person or corporation, nor shall any money be drawn 
from the treasury of the state on account thereof, nor on account of such 
application. 

I 9. There is hereby ai)propriated, for the fidl payment of the archi- 
tect, sui^erintendent, and the entire completion of the main university 
building of the said industrial university, the sum of fifteen thousand 
dollars ; for heating apparatus for the same, eighteen thousand dollars ; 
for gas fixtures, including street main connection, one thousand two 
hundred dollars ; for fitting and furnishing said building, seven thousand 
three hundred and fifty dollars; for furniture and apparatus for the 
physical laboratory, three thousand dollars ; or so much of the sums 
specified for each of the above named purposes as may be necessary. 

§ 10. The auditor of public accounts is hereby authorized and di- 
rected to draw his warrant upon the treasurer for the moneys herein 
appropriated, in favor of the parties to whom the same may be and 
become due, upon proper vouchers, signed by the president of the board 
of trustees, and attested by the secretary, with the cor^jorate seal of the 
university attached, and approved by the governor. 

ApproVed May 7, 1873. 



mSANE ASYLUM, ELGIK. 

§ 1. Erection of south wing, etc. 
§ 2. Payments to he made out of the revenue of 1873. 
§ 3. When payments are to he made. 
In force July 1, 1873. 

AN ACT making appropriations for the erection of tlie south wing of the Northern Illinois Hospital 
and Asylum for the Insane, at Elgin. 

Section 1. Be it enacted hy the People of the State of IlU7iois, repre- 
sented in the General Assemhly, That for the erection of the south wing 
of the Northern Illinois Hosi)ital and Asylum for the Insane, at Elgin, 
according to the plan adopted by the board of trustees of said institu- 



APPROPRIATIONS. 19 



tion, in compliance with an act entitled "An act to establish, a Northern 
Illinois Hospital and Asylum for the Insane," approved April 16, 1869, 
the sum of one hundred and sixty thousand dollars, or so much thereof 
as may be necessary to construct the same, is hereby appropriated. For 
the purpose of furnishing heating apparatus, fixtures and furniture 
necessary to put the same into practical use, the further sums are here- 
by appropriated, to-wit : 

For plumbing, heating and ventilating $12,500 

For sewerage and rain-water conductors 1,000 

For lightning rods 400 

For gas fixtures 625 

For the necessary furniture 12,500 

§ 2. The appropriations named in this act are made payable from 
and out of the revenue received from taxes levied for the year A. T>. 
1873. 

§ 3. The auditor of public accounts is hereby authorized and requested 
to draw his warrant upon the treasurer, not exceeding the amount herein 
stated, after the first day of April, A. D. 1874, upon requisition of the 
board of trustees of the Northern Illinois Hospital and Asj lum for the 
Insane, attested by the secretary of said board, with the seal of said 
institution attached thereto : Frovided, said requisition is approved by 
the governor. 

§ 4. No requisition shall exceed the amount necessary to be expended 
for the two months next ensuing the date of such requisition ; and each 
requisition shall be accompanied by a statement showing the amount of 
money on hand, and the manner in which the sum last drawn was ex- 
pended, or so much thereof as has been expended. And any unexpended 
balance previously drawn shall be taken into account in providing for 
the amount required by the new requisition. 

Approved May 7, 1873. 



§ 1. Deficiency from January 1, to June 30, 1872. 
In force April 29, 1873. 

AN ACT to provide for the payment of a deficiency in the ordinary expenses of the Northern Hos- 
pital and Asylum for the Insane, at Elgin. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That there be and hereby is appropriated 
to the Northern Hospital and Asylum for the Insane, at Elgin, the sum 
of twenty-three thousand dollars, to provide for a deficiency in the ordi- 
nary expenses of said institution, from the 1st day of January to the 
30th day of June, 1873. 

§ 2. The auditor of public accounts is hereby authorized and re- 
quired to draw his warrant upon the treasurer for said sum, upon re- 
quisition of the trustees, signed by the president and attested by the 
secretary of said board, with the corporate seal of the institution at- 
tached : Provided, said requisition is accompanied with a full statement 
of expenditures, and is approved by the governor. 

Whereas it is necessary to provide for the ordinary expenses of said 
institution, this act is hereby declared an emergency act, and shall be in 
force from and after its passage. 

Approved April 29, 1873. 



20 APPROPRIATIONS. 



§ 1. Ordinary expenses and repairs, $103,250 ^er annum. 
In force July 1, 1873. 

AN ACT making appropriations for the ordinary expenses of tlie Nortliern Hospital and Asylum for 

the Insane, at Elgin. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That there be aiid hereby is appropriated 
to the Northern Hospital and Asylum for the Insane, at Elgin, for ordi- 
nary" expenses, the sum of forty-six thousand two hundred and fifty dol- 
lars per annum, from the 1st day of July, 1873, to the completion of the 
central building of said hospital, and its occupation by the institution ; 
and the sum of fifty-five thousand dollars per annum thereafter, and two 
thousand dollars per annum for necessary repairs, payable monthly in 
advance. 

§ 2, The auditor of public accounts is hereby authorized and re- 
quired to draw his warrants upon the treasurer for the said sums, upon 
order of the trustees, signed by the president and attested by the sec- 
retary of said board, with the corporate seal of the institution attached : 
Frovided, that no second or subsequent warrant shall be drawn until 
satisfactory vouchers, in detail, approved bj- the go^'erllor, have been 
filed with the auditor for the expenditures of the last preceding month, 
as other installments of appropriations herein or heretofore made. 

§ 3. Tliis appropriation shall be and continue in force until the ex- 
piration of the first fiscal quarter after the adjournment of the next 
general assembly. 

Approved April 29, 1873. 



§ 1. Superintending, constructing, furnishing and incidental expenses, 
$132,625. 
In force July 1, 1873. 

AK ACT making appropriations for the Northern Ulinois Hospital and Asylum for the Insane, at 

Elgin. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That the following sums, or so much 
thereof as may be necessary, be and the same are hereby apin'opriated 
to the ISrorthern Illinois Hospital and Asylum for the Insane, at Elgin, 
for the purx)oses herein specified, and for no other: 

First — For furnishing the rear building, erecting a brick co.al house, 
providing hose and fire apparatus for the rear building and north wing, 
the sum of seven thousand four hundred and fifty dollars ($7,450). 

Second — For construction of the central building, including steam 
heating, ventilating, plumbing, gas fixtures, lightning rods, sewerage 
and rain water conductors, the sum of eightv-one thousand two hundred 
and fifty dollars ($81,250). 

Third — For furnishing the central building, the sum of seven thou- 
sand dollars ($7,000). 

Fourth — For outside improvements, including cost of water works, 
carpenter's shop, with tools and fixtures, corn" barn, vegetable cellar 
and general store room, grading, shade trees, walks, earthen i)ipe for 



APPEOPRIATIONS. 21 



rain water and laying the same, and excess in the cost of barn built of 
brick instead of wood, the sum of thirteen thousand and ninety dollars 
(113,090). 

Fifth — For expense of superintending, architect's commisvsions on 
north wing, rear building and other work, office rent, published reports, 
books, papers, etc., together with trustees' per diem and expenses from 
1869 to January i , 1873, the sum of sixteen thousand one hundred and 
eighty-five dollars ($16,185). 

Sixth — For other incidental expenses, including additional furniture 
for thirty (30) extra patients not heretofore appropriated for, horses, 
carriages and sleighs, with equipments, for the use and benefit of pa- 
tients, library and musical instruments for patients, and other necessary 
furniture, 'including a safe for valuable pax)ers, the sum of seven thou- 
sand six hundred and fifty dollars ($7,650). Total, $132,625. 

§ 2. The auditor of public accounts is hereby authorized and required 
to draw his warrant upon the treasurer for the said sums, upon monthly 
requisitions of the board of trustees of the Northern Illinois Hospital 
and Asylum for the Insane, signed by the president, attested by the 
secretary of said board, with the seal of the institution attached, and 
ai)proved by the governor : Provided., said requisitions are accompanied 
by the certified vouchers for work performed, or material furnished by 
the contractors or other authorized persons, during the preceding month, 
and for which the requisition is made. 

Approved April 29, 1873. 



mSANE ASYLUM, JACKSONVILLE. 

§ 1. Ordinary expenses, $100,000 per anmim. 
§ 2. Ilepaim and improvements, $8,000 per annum. 
In force July 1, 1873. 

AN ACT appropriating money to defray the ordinary expenses of the niinois State Hospital for the 
Insane, located at Jacksonville, Ulinois, and for making needed repairs and improvements to said 
hospital. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That for the purpose of defraying the 
ordinary ex]3enses of the Illinois State Hospital for the Insane, located 
at Jacksonville, Illinois, the sum of one hundred thousand dollars 
($100,000) per annum be and is hereby appropriated to said hospital, 
from July 1, 1873, to July 1, 1875, payable monthl^^ in advance : Pro- 
vided, t\r3it\)eiov&\^>$.\\mg]i\'&'^\2i,vvimi fox such monthly payments, the 
auditor of public accounts shall require that there be filed in his office a 
statement, showing in detail the expenditures dm^ing the preceding 
month ; such statement to be verified by the affidavit of the superinten- 
dent, and approved by the governor. 

§ 2. That for the purpose of making needed repairs and improve- 
ments, the sum of eight thousand dollars ($8,000) per annum is hereby 
appropriated to said hospital, payable out of the state treasury as shall 
be required for use, certified by the superiu ten dent on bills of particulars, 
and approved by the governor. 



22 APPROPRIATIONS. 



§ .3. The auditor of public accounts is liereby autHorized and re- 
quired to draw his warrant upon the state treasurer for the said sums, 
upon order of the board of trustees of the Illinois State Hosiiital for the 
Insane, signed by the president and attested by the secretary of said 
board with the corporate seal of the institution. 

Approved April 29, 1873. 



INSAXE ASYLUM, AKt^A. 

§ 1. Completion of the center huilding, $99,000. 
In force July 1, 1873. 

AN ACT making an appropriation for the completion of tlie central building of the Southern Insane 

Asylum. 

Section 1. Be it enacted hy the People of tJie State of Illinois, repre- 
sented in the General Assembly, That there be and hereby is appropriated 
to the Southern Insane Asylum, at Anna, for the completion, heating, 
ventilation and furnishing of the centre building, the sum of ninety-nine 
thousand dollars, payable out of the levy of 1873, in amounts as re- 
quired for use. 

§ 2. The moneys herein approi)riated shall be paid to the parties to 
whom they may become due and payable, directly from the treasury of 
the state, on the T\^jirrant of the auditor of public accounts ] and the au- 
ditor is hereby authorized and directed to draw the said warrants for 
moneys due under this act, upon the order of the board of trustees, 
signed by the president and attested by the secretarj'^ with the corpo- 
rate seal of the institution, accompanied by vouchers approved by the 
governor. 

Approved May 3, 1873. 



§ 1. Ordinary expenses, $100,000 j?er annum. 
In force July 1, 1873. 

AlSr ACT maldng an appropriation for the ordinary expenses of the Southern Insane Asylum. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That there be and hereby is appropriated 
•to the Southern Insane Asylum, at Anna, for ordinaiy expenses, the 
sum of forty-live thousand dollars per annum, payable quarterly in ad- 
A^auce, from the date of the opening of the north wing for the recexition 
of patients, as determined by the proclamation of the governor an- 
nouncing the fact, until the completion and opening of the centre build- 
ing ; and of fifty -five thousand dollars thereafter, per annum, payable 
quarterly in advance ; and the farther sum of four thousand dollars, for 
the necessary opening expenses. 

§ 2. The auditor of ]niblic accounts is hereby authorized and requked 
to draw his warrant upon the treasurer for the said moneys, upon the 
order of the board of trustees, signed by the president and attested by 
the secretary of said board with the corporate seal of the institution : 



APPROPRIATIONS. 23 



Provided, that no part of the moneys herein approi^riated shall be due 
and payable to the said institution until satisfactory vouchers, in detail, 
approved by the governor, have been filed with the auditor for the ex- 
penditure of the last quarterly or other installment of appropriations 
herein or heretofore made. 

§ 3. This act shall be and contmue in force from the first day of July, 
1873, until the expiration of the first fiscal quarter after the adjourn- 
ment of the next general assembly. i 

Approved April 24, 1873. 



NOEMAL Ui^IVEESITY— NOEMAL. 

§ 1. Ordinary expenses $16,000 per annum. . 
§ 2. * Satisfactory vouchers to be filed with the auditor. 
§ 3. To pay indebtedness and to prevent deficiency, $6,915. 
In force July 1, 1873. 

AK ACT making an appropriation for tlie ordinary expenses of the Normal University, at Normal, 
and for the prevention of a deficiency. 

Se<:!tion 1. Be it enacted by the People of the State of I llinois, repre- 
sented in the General Assembly, That there be and hereby is appropriated 
to the Normal University, at Normal, for ordinary expenses, in addition 
to the whole of the interest on the college and seminary fund, which is 
hereby appropriated, the fiu^ther sum of sixteen thousand dollars per 
annum, payable quarterly in advance. 

§ 2. The auditor of public accounts is hereby authorized and re- 
quired to draw his warrant upon the treasurer for the aforesaid moneys, 
upon order of the State Board of Education, signed by the president 
and attested by the secretary of said board with the corporate seal of 
the institution : Provided, that no part of the moneys herein appropria- 
ted shall be due and payable to the said institution until satisfactory 
vouchers, in detail, approved by the governor, have been filed with the 
auditor for the expenditure of the last quarterly installment of appro- 
priations herein or heretofore made, for the defrayment of ordinary ex- 
penses. 

§ 3. There is also appropriated to the said institution, for the pur- 
pose of enabling it to pay its indebtedness as soon as the same becomes 
due, and to prevent a deficiency, the further specific sum of six thousand 
nine hundred and fifteen dollars, payable out of any moneys in the trea- 
sury not otherwise appropriated, on the warrant of the auditor of public 
accounts, who is hereby authorized and directed to issue the said war- 
rant on order of the State Board of Education, signed by the president 
of said board and attested by the secretary with the corporate seal of 
the institution: Provided, that this appropriation shall not be construed 
as authorizing any increase in the annual expense of the said university. 

§ 4. This act shall be and continue in force from the first day of July, 
1873, until the expiration of the first fiscal quarter after the adjourn- 
ment of the next general assembly. 

Approved April 25, 1873. 



24 APPEOPEIATIONS. 



NOEMAL UKIYEESITY— SOUTHEEN. 

§ 1. Gompletinfi and furnishing the same, $80,000. 
In force July 1, 1873. 

AN ACT making an appropriation to the Soutbern Illinois Xormal University. 
« 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That the sum of eighty thousand dollars 
is hereby appropriated out of any money in the treasury not otherwise 
appropriated, to the Southern Illinois Normal University, to be ex- 
I)euded by the commissioners of said university in completing and fur- 
nishing the same. 

§ 2. The appropriation hereby made shall be disbursed by the trea- 
surer, upon certified accounts of the expenditures incurred by the com- 
missioners of said university made by them, and approved by the gov- 
ernor, which said accounts, when made and approved as aforesaid, shall 
be filed with the auditor of public accounts, who shall thereupon draw 
his warrant upon the treasurer therefor, in favor of the jjarty to whom 
such accounts sliall be due. 

Appkoved April 29, 1873. 



EEFOEM SCHOOL. 

§ 1. Ordinary exp&nses. 

§ 2. Satisfactory vouchers to he filed icith auditor. 
In force July 1, 1873. 

AN ACT making an appropriation for tlie ordinary expenses of the State Reform School. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That there be and hereby is appropriated 
to tiie State Eeform School, at Pontiae, for ordinary expenses, the sum 
of twenty-five thousand dollars per annum, payable quarterly in ad- 
vance. 

§ 2. The auditor of public accounts is hereby authorized and required 
to draw his warrant upon the treasurer for the said sums, upon order of 
the board of trustees signed by the president and attested by the secre- 
tary of the said board with the corporate seal of the institution : Pra- 
vided, that no part of the moneys herein a]ipropriated shall be due and 
payable to the said institution until satisfactory voucliers, in detail, ap- 
proved by the governor, have been filed with the auditor for the expen- 
diture of the last quarterly or other installment of appropriations herein 
or heretofore made. 

§ 3. This act shall be and continue in force from the first day of July, 
1873, until the expiration of the first fiscal quarter after the adjourn- 
ment of the next general assembly. 

Approved May 3, 1873. 



APPEOPEIATIONS. 25 



SOLDIEES' OEPHANS' HOME. 

§ 1. Ordinary expenses, $50,000 per annum. 
§ 2. Improvements, repairs and library, $2,500 per annum. 
§ 3. Satisfactory vouchers to he filed tvith auditor. 
In force July 1, 1873. 

AN ACT to make appropriations for tlie Soldiers' Orphans' Home, and to maintain said institution for 

tlie next two years. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That from and after the first day of July, 
A. D. 1873, to the first day of July, A. B. 1875, there is hereby appro- 
priated to the Sokliers' Orphans' Home, the sum of fifty thousand dol- 
lars per annum, for the support, education, nurture and care of the 
children of deceased or disabled soldiers. 

§ 2. To pay for necessary improvements and repairs during said 
l^eriod, the sum of two thousand dollars per annum, and five hundred 
dollars per annum for increasing- the library, is hereby appropriated. 

§ 3. The auditor of public accounts is hereby authorized and directed 
to draw his warrant upon the state treasurer for the amount appropria- 
ted for current expenses, upon the request of the treasurer of the board 
of trustees, signed by the president and attested by the secretary with 
the seal of the institution : Frovided, that no sum for current expenses 
greater than ten thousand dollars shall be drawn at any one time : And, 
provided, further, that a second warrant for current exi^enses shall not 
be drawn until satisfactory^ vouchers shall have been approved by the 
governor and filed with the auditor, showing the amount previously 
drawn to have been projierly expended and for the purposes for which 
the same was appropriated. 

§ 4. The amounts ai)propriated for library, improvements and re- 
pairs shall be paid ui30u the order of the board of trustees, and vouch- 
ers for such expenditures shall be returned, the same as required for 
current expenses. 

Approved April 23, 1873. 



SOLDIERS' MONUMENT. 

§ 1. Commissioners to adopt suitable design; amount limited to $25,000. 
§ 2- Commissioners and government officers to locate. 
§ 3. Amount appropriated, $25,000. 
In force July 1, 1873. 

AN ACT to ijrovide for building a soldiers' monument at the national cemetery, near Mound City. 

Whereas the federal government has purchased a plat of ground 
near Mound City, and has caused to be buried there the remains of five 
thousand one hundred and sixty-three brave men, who fell in defending 
the princij)les of the constitution ; and whereas, in said cemetery many 
of the sons of Illinois sleep their last sleep; and whereas, it is but a 
^3 



20 APPROPRIATIONS. 



just and fitting tribute to their memory that the state of Illinois should 
erect upon said grounds a suitable monument; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly^ That the governor appoint three commis- 
sioners, whose duty it shall be to adopt a suitable design and plan for 
a monument to be erected upon the grounds of the national cemetery 
near Mound City, and such commissioners are, by this act, empowered 
to receive proposals and contract for the erection and completion thereof: 
Provided., the same shall not cost to exceed twenty-five thousand dol- 
lars. 

§ 2. The said commissioners are empowered, for and on behalf of the 
state of Illinois, to confer with the proper officers of the government, 
and agree upon the site for said monument. 

§ 3. For the purpose of meeting the cost of the construction of said 
monument, the sum of twenty-five thousand dollars is hereby appro- 
l)riated out of the state treasury, and the auditor of public accoimts is 
hereby authorized to draw his warrant on the state treasiu-er for said 
amount, out of any money not otherwise appropriated, upon the certifi- 
cate of the commissioners appointed under the j)rovisions of this act, 
from time to time, as maybe necessary, during theprogressof the work : 
Provided^ no money shall be drawn under the provisions hereof, prior to 
the first day of April, 1874. 

Approved April 11, 1873. 



STATE HOFSE. 

§ 1. Assessment o/'1872, $500,000 ; assessment o/"1873, $500,000. 
In force March 19, 1873. 

Ai>3" ACT making an appropriation to continue tiie work on the new state bouse. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assemhlyj That for the purpose of carrying on 
the work on the new state house, the sum of five hundred thousand dol- 
hirs be and the same is hereby appropriated, out of any moneys in the 
treasury not otherwise appropriated; also, that the further sum of five 
hundred thousand dollars be and the same is hereby appropriated, to be 
paid out of the revenue to be collected on the assessment of property 
lor the year 1873, for revenue purposes. 

§ 2. As the state has no suitable halls for the convening of the legis- 
lature, nor sufficient office room for the use of the severarstate depart- 
ments, and that there may be rio delay in providing the same, an emer- 
gency is hereby declared to exist, requiring this act to go into immediate 
efiect ; therefore this act sliall take effect and be in force from and 
after its passage. 

Approved March 19, 1873. 



APPROPRIATIONS. 



STATE GOYEEI^MENT. 

In force July 1, 1873. 

AN ACT makiug an appropriation for the payment of the officers and members of the nest general 
assembly, and for the salaries of the ofiicers of the state government. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly , That there be and is hereby appropriated 
a sum of money sufficient to pay the officers and members of the next 
general assembly, and the salaries of the officers of the state govern- 
ment, at such rates of comx)ensation as is now or hereafter maybe fixed 
by law, until the expiration of the first fiscal quarter after the adjourn- 
ment of the next regular session of the general assembly. 

Approved May 3, 1873. 



§ 1. Deficiency prior to January 13, 1873. 
I7i force April 29,1873. 

AN ACT to provide for the expenses of the state government prior to the 13th daj' of January, 1873, 
aud to cover deiiciency in appropriations therefor. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in tlie General Assembly, That the following sums be and the same 
ai-e hereby appropriated, out of any moneys in the treasury not otherwise 
appropriated, to be x)aid to the i^arties herein named, upon the Avarrants 
of the auditor, upon account of bills of particulars certified by the sec- 
retary of state, and approved by the governor, as follows, to-wit : 

To H. T. Ives, for wood delivered on contract, the sum of two hundred 
and ninety-two dollars and five cents. 

To H. T. Ives, for coal delivered on order of the secretary of state 
prior to January 13, 1873, the sum of ninety-two dollars and thirty-six 
cents. 

To the Springfield Gas Light Company, for gas furnished state house 
and I:^. Bateman's office, the sum of six hundied and eighty-five doUars 
aud sixty-three cents. 

To L. H. Coleman, for matting, cariDcts, etc., furnished, the sum of 
one thousand and ninety -nine dollars and seventy-six cents. 

To John Jackson, for services as ianitor in basement, and for white- 
washing done, the sum of two hundred and twenty-five dollars. 

To the Springfield Water "Works, for water furnished the state house, 
the sum of two hundred and seventy-five dollars. 

To the Tribune Company of Chicago, for advertising proposals for 
printing paper, the sum of one hundred and eighty-five dollars and sixty 
cents. 

To M. Halstead & Co., of Cincinnati, for advertising proposals for 
printing paper, one hundred and twenty-six dollars. 

To the Sentinel Company of Indianapolis, for advertising j)roposal8 
for printing paper, the sum of twenty-six dollars. 

To the Springfield Savings Bank, for note made by • state officers for 
money to pay contractors for furnishing printing paper, the sum of ten 



28 APPROPRIATIONS. 



thousaud eight himdred and twenty-six dollars, with ten per cent, inte- 
rest, from 1st of March, 1873. 

To P. W. Harts, for stationery furnished the attorney-general's office, 
the sum of fifty-six dollars. 

To P. W. Harts, for stationery and materials furnished the board of 
public charities, the sum of two hundred and seventeen dollars and ten 
cents. 

To David Doe, for services as engineer for lieating apparatus for 
house of representatives, for paint and j)ainting engineer's room and 
hauling coal into state house, the sum of tifty-nine dollars. 

To F. Gerhing, for translating Gov. Palmer's message into German, 
the sum of seventy-five dollars. 

To C. Sampson, for carpenter work and materials furnished in putting 
in supports to hall of the house of representatives, the sum of twenty 
dollars. 

To Fox & House, for hardware and tools furnished, the sum of forty- 
six dollars and ninety cents. 

To ]Sfutt & Barkley, for repairing chairs and furnishing mirrors, desks, 
etc., the sum of one hundred and nine dollars and fifty cents. 

To John Williams & Co., for towels, caudles, etc., furnished for use of 
secretary of state's office, the sum of twenty-nine dollars and forty-five 
cents. 

To Frank Carpenter, for labor running steam heating apparatus for 
house of representatives prior to letting the contract to A. L. Ide, the 
sum of tAvelve dollars. 

To Thomas J. Pickett, Jr., for services rendered as inspector of puljlic 
printing, the sum of one hundred and ten dollars. 

To Henry Bugg, for queensw^are, buckets andrepaii's, the sum of forty- 
three dollars and five cents. 

To 1^. Leroy, for repairing desk locks, furnishing keys, etc., the siun 
of seventy-fom^ dollars and thu'ty-five cents. 

To Val. B. Hummel, for services and expenses as committee clerk for 
the twenty-sixth general assembly, the sum of one hundred and seventy- 
five dollars. 

§ 2. Whereas the appropriations asked for herein are for exjienses 
of the state government under the previous administration, incurred by 
want of a sufficient appro j)riation ; and whereas, injustice to the parties 
above named, as creditors of the state, it is necessary that this law 
should take effect and be in force from and after its passage, therefore 
it is declared that an emergency exists, and this laAv shall take effect 
and be in force from and after its passage. 

Approved April 29, 1873. , 



§ 1. DeJicienGy until June 30, 1873. 
In force April 11, 1873. 

AN ACT to provide for the ordinary and contingent expenses of the state jjoverninent licrotofore in- 
curred and unprovided for, anil until tlio 30tli day of June, 1873. 

Section 1. Be it enacted hi/ the People of the State of Illi)ioiSj repre- 
sented in the General Assemhly, That the following appropriatiodis, or so 
much thereof as may be necessary, be and the same are hereby made, 



APPROPRIATIONS. 29 



to meet the ordinary and contingent expenses of the state government, 
until the thirtieth (30th) day of June, 1873 : 

First — The sum of three thousand dollars, subject to the order of the 
governor, for defraying all such expenses as are unforeseen by the gene- 
ral assembly, and not otherwise provided for by law ; payments to be 
made from time to time, u^ion bills of particulars, upon the order of the 
governor. 

Second — The sum of eight hundred dollars, for postage, stationery, 
telegrai)hing, furniture, repairs of olhce, and other incidental expenses, 
for the use and benefit of the governor's office ; payment to be made 
upon bills of particulars, certified by the governor. 

Third — The sum of five thousand dollars, for incidental expenses in- 
curred by the secretary of state in the discharge of his duties, viz: 
postage, stationery, expressage, furniture and repairs of office. Also, 
for pay of two extra clerks, and four extra janitors and one mes- 
senger, from the 13th day of January, 1873, so long as they may 
be necessarily employed during the present session of the general as- 
sembly, at a rate not exceeding five dollars per day for clerks, three 
dollars i^er day for janitors, and four dollars per day for messenger ; 
payment to be made upon bills of loarticulars, certified by the secretary 
of state and approved by the governor. 

Fourth — The sum of six hundred dollars to the state treasurer for 
postage, expressage, telegraphing, stationery, and other incidental ex- 
X)enses of his office 5 payment to be made upon bills of particulars, cer- 
tified by the state treasurer, and approved by the governor. 

Fiftli — The sum of five hundred dollars, for postage, stationery, tele- 
graphing, expressage, and other incidental expenses, in the office of the 
adjutant general ; payments to be made upon bills of particulars, certi- 
fied by the adjutant general, and approved by the governor. 

Sixtli — A sum not exceeding twenty-five thousand dollars, to pay ex- 
jienses of state printing and binding ; ijayment to be made from time to 
time upon weekly estimates, certified to be correct by the commission- 
ers of pubhc printing, and approved by the governor. 

Seventh — ^A sum not exceeding fifteen thousand dollars, to pay for the 
purchase of stationery, furniture and other articles, includmg payment of 
rent for committee rooms and janitors for both houses, heating appara- 
tus for senate chamber, and for labor performed, furnished or done ujaon 
the authority of either branch of the general assembly, by resolution or 
otherwise, and upon the order of the secretary of state, or other state 
officer, duly authorized ; payments to be made upon bills of particulars, 
certified by the secretary of state, and apx)roved by the governor. 

Fighth — A sum not exceeding ten thousand dollars, to pay the cost of 
printing paper furnished for the use of the twenty-eight general assem- 
bly ; payment to be made upon bills of ^particulars, certified by the sec- 
retary of state, and approved by the governor. 

Mnth — The sum of eight hundred and forty-one dollars for necessary 
incidental expenses incurred by the superintendent of public instruction 
in the discharge of his duties, viz : Special clerical services, rent of 
office, postage, stationery, expressage, books, blanks and other neces- 
sary office expenses, until July 1, 1873. 

§ 2. The auditor of public accounts is hereby directed to issue his 
warrant upon the state treasurer, upon bills of particulars, filed mth 
him in compliance with this act, and the state treasurer is hereby direc- 
ted to pay such warrants upon presentation by the proper i3arties. 



30 APPROPRIATIONS. 



Wliereas the appropriations heretofore made for incidental expenses 
of the state government have been exhausted ; and whereas, it is neces- 
sary that this law should take effect and be in force from and after its 
passage ; therefore, it is hereby declared that an emergency" exists, and 
that this law shall be in force from and after its passage. 

Approved April 11, 1873. 



§ 1. Ordinary and contingent expenses. 
In force July 1, 1873. 

AN ACT to provide for the ordinary and contingent expenses of the state government until the ex- 
piration of the first fiscal quarter after the adjournment of the next regular session of the general 
assembly. 

Section 1. Be it enaeted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That the following named sums be and 
they are hereby aiipropriated to meet the ordinary and contingent ex- 
l>enses of the state government 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 six thousand dollars per annum shall be 
subject to the order of the governor, for defraying all such exi)enses as 
are unforeseen by the general assembly, and not otherwise pro^ided for 
by law, payments to be made from time to time, upon bills of x^articu- 
lars, certified to by the governor. 

Second — The sum of twenty-five hundred dollars per annum for clerk 
liire in the governor's office, payable quarterly iipon the governor's 
order. 

Third — To the governor's office for i)ostage, express, telegraphing^ 
stationery, furnitiu'e and repairs of office, and other incidental office 
expenses, a sum not exceeding one -thousand dollars per annum, to be 
l)aid on bills of particidars, certified by the governor. 

Fourth — To the office of secretary of state for stationery, furnitme, 
repairs of office, postage, express, and other incidental office expenses, 
a sum not exceeding two thousand dollars per annum, payable upon bills 
of particulars, certified by the secretary of state, and approA'ed by the 
governor. To the secretary of state, for clerk hire in his office, the sum 
of eight thousand dollars per annum, payable quarterly. To the secre- 
tary of state for one porter, eight hundred dollars per annum, payable 
({uarterly on his order. 

Fifth — A sum not exceeding five thousand dollars per annum, for the 
purpose of defraying the cost of furnitiu-e and repairs for the general 
assembly, water rent, gas and fuel at state house, express, advertising 
contracts, and for all expenses necessarily incurred by the secretary of 
state in the discharge of the duties imposed on him by law, and for 
which no other ai)propriation is made, to be paid to the persons entitled 
to any portion thereof, upon bills of particulars, certified by snid secre- 
tary, and approved by the governor. 

Sixth — To the auditor of public accounts for clerk hire, the sum of 
seven thousand five hundred doHars per aununi, to be paid quarterly. 
To the office of the auditor of public accounts for furniture, repairs, 
]|)ostag'e, exjn-ess charges, telegrapliiug, and other necessary exi)enses 
incurred in the discharge of the duties of his office, a sum not exccediug 



APPEOPRIATIONS. 31 



twenty -five liundred dollars per annum, to be paid on bills on particu 
lars, certified by tlie auditor, and approved by the governor. To the 
auditor of public accounts the sum of eight hundred dollars per annum 
for one porter, payable quarterly on his order. 

Seventh — To the state treasurer, for clerk hire, the sum of two thou- 
sand dollars per annum, payable quarterly. To the office of the state 
treasurer, for furniture, repairs, postage, express and telegraphing, and 
other necessary office expenses, a sum not exceeding one thousand dol- 
lars per annum, payable on bills of particulars, certified by him, and ap- 
proved by the governor. To the state treasurer the sum of two thou- 
sand one hundred and ninety dollars per annum, for watchmen, and the 
sum of eight hundred dollars per annum for one porter, payable quar- 
terly on his order. 

Eighth — To the superintendent of public instruction, for clerk hire, the 
sum of fifteen hundred dollars per annum, payable quarterly. To the 
office of the superintendent of public instruction, for office rent, furni- 
ture, repairs, periodical and educational works, and other necessary ex- 
penses of said office, a sum not exceeding one thousand dollars per an- 
num, payable on bills of particulars, certified by him and approved by 
the governor. Appropriations made by the eighth clause to be paid out 
of the state school fund. 

Ninth — To the attorney-general, for clerk hire, the sum of fifteen hun- 
dred dollars per annum, from January 13, 1873, payable quarterly. To 
the oflice of the attorney-general, for furniture, repairs, telegraphing, 
and other expenses of the attorney-general incurred in the discharge of 
the duties of his office, a sum not exceeding twelve hundred and fifty 
dollars per annum, payable on bills of particulars, certified by him and 
approved by the governor. To the attorney-general, for office rent, the 
sum of three hundred and seventy-five dollars per annum, payable on 
his order. 

Tenth — To the office of the adjutant-general, for postage, furniture and 
repairs, and other necessary office expenses, the sum of one thousand 
dollars per annum ; for clerk's salary, the sum of eight hundred dollars 
per annimi ; for janitor care, armory, arms, accoutrements and stores, 
the sum of four hundred dollars per annum ; and three hundred dollars 
for the purpose of providing means to preserve the battle-flags of the 
state, payable upon biUs of particulars, to the persons entitled thereto, 
certified by the adjutant- general and approved by the governor. 

Eleventli — To the secretary of the fund commissioner, twelve hundred 
dollars per annum, payable quarterly on the order of the governor. 

Twelfth — To the custodian of field notes and surveys, for his office ex- 
penses, the sum of three hundred dollars per annum, payable upon bills 
of particulars, certified to by him and approved by the governor. For 
copying field notes as provided by law, at the rate of ten dollars per 
township, the sum of five thousand dollars, or so much thereof as may 
be necessary, to be paid on his certificate of work done, on the approval 
of the governor. 

Thirteenth — To the board of public charities, for expenses, including 
the salary of a clerk, a sum not exceeding fifty-five hundred dollars per 
annum, payable quarterly on bills of particulars, approved by the 
governor. 

Fourteenth — To the state board of equalization, for pay and expenses,. 
a sum not exceeding eight thousand dollars per annum, payable in the 
manner provided by law. 



32 APPROPRIATIONS. 



Fifteenth — A sum not exceeding two tliousand dollars per annum, for 
costs and expenses in state suits, to be paid on bills of i)articulars, cer- 
tified to by the auditor, and approved by the governor. 

Sixteenth — A sum not exceeding four thousand dollars per annum, 
for apprehending and delivery of fugitives from justice, to be paid on 
the evidence required by law, certified to and approved by the governor. 

Seventeenth — The sum of twenty thousand dollars per annum, or such 
sum as may be needed, for conveying con%dcts to the i^enitentiary, to be 
paid on the warden's certificate, at the compensation fixied by general 
law, the auditor to compute the distance by the nearest railroad route. 

Eighteenth — The sum of three thousand dollars per annum, or such 
sum as may be needed, for conveying juvenile offenders to the reform 
school at Pontiac, on the certificate of delivery, at the rate of comi^en- 
sation allowed by law, the auditor to compute the distance by the near- 
est railroad route. 

Wineteentli — For printing paper and for stationery, for the use of the 
general assembly and executive departments, purchased on contract, 
payable on dehvery thereof, on bills of particulars, certified to by the 
secretary of state, auditor and treasurer, and approved by the gover- 
nor, the sum of forty thousand dollars, or so much thereof as may be 
required. 

Twentieth — There is hereby appropriated to defray the incidental and 
contingent expenses of the supreme court, to-wit : for stationery, post- 
age, fuel, lights,- repairs, furniture, express, books and other expenses 
as may be deemed necessary by the court, the following sums : To the 
northern grand division, the sum of twenty-five hundred dollars per 
annum ; to the central grand division, the sum of two thousand dollars 
per annum ; to the southern grand division, the sum of fifteen hundiTd 
dollars i>er annum — the same to be paid upon bills of x^articulars, certi- 
fied to by at least two of the justices of said court. The sum of three 
hundred dollars per annum is hereby appropriated to the librarian of 
each of the divisions of the sux^reme coiu't, for taking care of the libra- 
ries, payable quarterly on the certifleate of at least two of the justices 
of said court. The sum of three hundred dollars per annum to each 
division of said court, for the pay of ianitors, to perform such duties as 
sliall be determined by said justices, to be paid quarterly, on the order 
of at least two of said justices. To the central grand division, for rent 
of rooms, the sum of seventeen hundred and fifty dollars per annum, 
payable quarterly, on the order of at least two of the justices of said 
court. 

Twenty-first — For public printing, thirty-five thousand five hundred 
dollars per annum, or so much thereof as may be required. For luiblic 
binding, ten thousand dollars, or so much thereof as may be re- 
quired. The public i^riuting and binding may be paid for as the 
work progi'esses, on the order of the secretary of state, auditor and 
treasiu-er, approved by the governor. 

Twenty-second — The sum of seventy thousand dollars annually, or so 
much thereof as may be necessary, to pay the interest on the school, 
college and seminary funds, distributed annually, under the laws in 
force — the amount appropriated imder this clause to be paid out of the 
Illinois Central Eailroad fiuid : Frovided, that the amount appropriated 
under this clause shall not be construed as appropriating an additional 
sum to the Nonnal University at Bloomingtou, than the amount else- 
Avhere apx)ropriated to said university by this general assembly. 



APPROPRIATIONS. 33 



Twenty-iMrd — The sum of one million dollars annually, out of the 
state school tuncl, to pay the amount of the auditor's orders issued for 
the distribution of said fund to the several counties. The auditor shall 
issue his warrant, on the proper evidence that the amount distributed 
has been paid to the county school superintendents. 

Twenty -fourth — Such sum as may be necessary to refund the taxes 
on real estate sold or paid in error, and for overpayments on collectors' 
accounts under laws governing such cases, to be paid out of the proper 
funds. 

Tioenty -fifth — To the secretary of the board of new state house com- 
missioners, the sum of fifteen hundred dollars per annum, payable 
quarterly, on a bill certified to by at least two of the commissioners, ap- 
proved by the governor. 

Twenty-sixth — To the commissioners to construct the Southern Illi- 
nois Insane Asylum and Southern Normal University, the sum of five 
dollars per day each, for time actually employed, to be paid quarterly, 
on the certificate of the commissioners, or a majority of them, approved 
by the governor. 

Twenty-seventh — For one janitor of the state house, who shall perform 
such duties as shall be assigned to him by the governor, secretary of 
state, auditor and treasurer, the sum of eight hundred dollars per an- 
num, payable quarterly, on the order of said officers. 

Twenty-eighth — The sum of one hundred and thirty thousand dollars 
per annum, or so much thereof as may be necessarj^, to pay interest on 
the bonded debt of the state, to be paid on the certified account of the 
state treasurer, approved by the governor — the amount appropriated by 
this clause to be paid out of the Illinois Central Railroad fund. 

Twenty-ninth — To the railroad and warehouse commissioners, for the 
incidental expenses of their office, including office rent and care, furni- 
ture, stationery, fuel, light and postage, telegraph charges ; for the sec- 
retary's salary, the same not to exceed fifteen hundred dollars per an- 
num 5 extra clerk hire, and the fees of experts employed, which amount 
shall be fixed by the board, and for all necessary expenditures other 
than those hereinafter provided for, a sum not to exceed five thousand 
five hundred ($5,500) dollars per annum. For expenses incurred in 
suits or investigations commenced by the authority of the state, under 
any laws now in force, or hereafter to be enacted, empowering or in- 
structing the board of commissioners, the sum of thirty thousand ($30,- 
000) dollars, or so much thereof as may be necessary for said piu?pose. 
The above amounts to be paid upon detailed statements, filed with the 
auditor, bearing the order of the board and the approval of the gov- 
errnor. 

Thirtieth — To the employees of the next general assembly, a sum 
sufficient to pay the compensation allowed them by law, to be paid on 
pay-rolls, certified to by the presiding officer of the respective houses. 

Thirty first — To" W. I. Allen, for copying resolutions of senate and 
house, in regard to deceased members, upon parchment, for presenta- 
tion to their families, twenty-five dollars. 

Thirty-second — Five thousand dollars, or so much thereof as may be 
necessary, to pay for copying the laws, journals and joint resolutions 
of the present general assembly, as provided by law. 

Thirty-third — To William Eeddick and Simon D. Phelps, each the 
sum of fifty dollars, and to Albert La^ndrum twenty-five dollars, which 
shall be in full for services in visiting and ascertaining upon what terms 
—4 



34 APPEOPETATTONS. 



tlie Perry Springs property could be purchased for, as authorized by 
joint resohition of the twenty-seventh general assembly. 

Thirty -fourth — A sum uot exceeding two thousand dollars, or so 
much thereof as is necessary, to pay the necessary expenses of the dif- 
ferent standing and special committees of the two houses of the twenty- 
eighth general assembly, when absent from the capital on extra duty, 
payable on pay-rolls certified by the chairman of the respective com- 
mittees, and approved by the presiding officer of the respective houses. 

§ 2. The auditor of public accounts is hereby authorized and direct- 
ed to draw his warrant on the state treasurer, for the sums herein speci- 
iied, upon presentation of the proper vouchers ; and the state treasurer 
shall pay the same out of the proper funds in the treasury uot other- 
wise approjiriated. 

Appeoved May 3, 1873. 



STJPEEME COUET. 

§ 1. Furnishing court house — imiiroving grounds. 
In force April 23, 1873. 

AN ACT making an appropriation for the purpose of furnisliing the court house for the supreme 
court at Mouut Vernon, Illinois, and improving tlie grounds thereto adjoining. 

Section 1. Be it enacted hy the People of the State of IlWiois, repre- 
sented in the General Assembly, That the sum of seven thousand five 
hundred dollars, or so much thereof as may be necessary, be and the 
same is hereby appropriated out of any moneys in the state treasury 
not otherwise api)roj)riated, for the purpose of furnishing the court 
house for the supreme court, at Mount Vernon, Illinois, and ilnpro^^Jlg 
the grounds thereto adjoining. 

§ 2. The said sum of money hereby appropriated, or so much thereof 

as may be necessary, shall be under the control and disposition of the 

judges of the supreme court; and the auditor of state shall draw his 

"warrant for said sum, or any part thereof, on the order of a majority of 

said judges, in favor of such person or persons as they shall designate. 

§ 3. The said judges shall tile with their order or orders aforesaid, 
in the office of ihe auditor, a written statement, showing the objects for 
which said sums were expended. 

§ 4. Whereas, the said sui)reme coiu't meets in the said court house 
at Mount Vernon, aforesaid, in June, A. D. 1873, and the same is now 
unfurnished, therefore an emergency exists : and this act shall be in 
force and take effect from and after its passage. 

Appeoved April 23, 1873. 



ARBITRATIONS AND AWARDS. " 35 



ARBITRATIONS AND AWARDS. 



8 1. Under order of court. 

§ 2. Hearing before arbitrators. 

§ 3. Arbitrators sworn. 

§ 4, Witnesses^ oaths, depositions. 

8 5. Award, signed. 

§ 6. Award not complied ivith. 

I 7. Judgment and execution. 

§ 8. Attachment for contempt. 

§ 9. Aivard set aside. 

§ 10. Modified or corrected. 

I 11. Application to set aside. 

I 12. TFrife of error and appeaJs. 

§ 13. i^ees o/ arbitrators and officers. 

§ 14. Compelled to act. 

§ 15. Cause continued. 

§ 16. Submitting co^itroversies not in suit. 

• In force July 1, 1873. 

AN ACT to revise the law In relation to arbitrations and awards. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the Gener^al Assembly, That whenever the parties to any suit 
pending in any court of record shall be desirous and willing to submit 
the matter involved in such suit to the decision of arbitrators, an order 
shall be entered directing such submission to three impartial and com- 
petent persons, to be named in such order- — such arbitrators to be agreed 
upon and named by the parties. But if the parties are unable to agree, 
each shall name one, and the court the third. 

§ 2. The arbitrators appointed in pursuance to the foregoing I)ro^i- 
sions, or a majority of them, shall proceed with diligence to hear and 
determine the matters in controversy. They shall appoint a place and 
time for hearing, and adjourn the same from time to time, as may be 
necessary. And on the application of either party, and for good cause, 
they may postpone such hearing from time to time, not extending be- 
yond the nest term of the court in which the suit is pending, if the sub- 
ject matter be in suit. 

§ 3. Before proceeding to hear any testimony in the cause, the arbi- 
trators shall be sworn faithfully and fairly to hear, examine and deter- 
mtue the cause, according to the principles of equity and justice; and 
to make a just and true award according to the best of their understand- 
ing 5 which oath may be administered by any officer authorized to ad- 
minister oaths. 

§ 4. The several clerks of the circuit courts, and the justices of the 
peace in their several counties, may issue subj)cenas for the attendance 
of witnesses before arbitrators ; if any witness, after being duly sum- 
moned, shall fail to attend, the arbitrators m.Sby issue an attachment to 
compel his attendance, and the said witness shall moreover be liable to 
the party for refusing to attend the same as in trials at law. Any one 
of the arbitrators may administer oaths and affirmations to witnesses ; 
they may punish contempts committed in their presence during the hear- 



36 ARBITRATIONS AND AWARDS. 

ing of a cause, tlie same as a court of record, and may admit depositions 
to be read in evidence, the same as in trials at law. 

§ 5. The award of the arbitrators, or a majority of them, shall be 
drawn uf> in writing, and signed by such arbitrators, or a majority of 
them, and a true copy of such award shall, without delay, be delivered 
to each of the parties thereto. 

§ 6. If either of the parties shall neglect to comi)ly with *the said 
award, the other party may, at any time within one year from the time 
of such failure, file such award, together with the submission or arbitra- 
tion bond, in the court named in the submission. 

§ 7. The i)arty filing such award may, at the next term after such 
filing, by giving four days' notice of his intention to the opposite party, 
and if no legal exceptions are taken to such award or other proceedings, 
have final judgment thereou, as on the verdict of a jury, for the sum 
specified in said award to be due, together with the costs of arbitration, 
and of the court 5 and execution may issue therefor as in other cases. 

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

§ 9. If any legal defects appear in the award or other proceedings, 
or if it shall be made to ai)pear, on oath or afiirmation, that said award 
was obtained by fraud, corruption, or other undue means, or that such 
arbitrators misbehaved, said court may set aside such award. 

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

§ 11. Application to set aside, modify or amend such award, as pro- 
vided in the two preceding sections, must be made before the entry of 
final judgment on such award : Frovided, nothing herein contained shaU 
be so construed as to deprive courts of chancery of their jurisdiction, as 
in other cases. 

§ 12. Writs of error and appeals may be taken from any decision of 
the court by the party deeming himself aggrieved, as in other cases ; 
and if the supreme court shall remand the case, such further proceed- 
ings shall be had as the nature of the case may require. 

§ 13. Each arbitrator shall be allowed, for every day's attendance to 
the business of his appointment, two dollars, to be paid in the first in- 
stance by the party in whose favor the award shall be made, but to be 
recovered of the other party with the other costs of suit, if the aAvard or 
final decision shall entitle the prevailing party to recover costs. Wit- 
nesses shall receive the same fees for attendance at arbitrations as shall 
be allowed them in the circuit courts. Sheriffs, constables, clerks and 
justices of the peace shall be entitled to the same fees for services per- 
formed, in relation to any arbitration, as shall be allowed by law for the 
like ser^'ices in their respective courts. 

§ 14. Arbitrators may be comi^elled, by order of the court in which 
any cause submitted to them shall be pending, to proceed to a hearing 
thereof, and to make report without unnecessary delay. 



ASSESSMENTS. 37 



§ 15. When any cause liencling in any court shall be referred, as 
herein x>rovided, an entry of such reference shall be made on the record, 
and day shall be given to the parties, from time to time, until the arbi- 
trators rejiort, or they may be thereof discharged, on filing such rei)ort. 

§ 16. AH persons having a requisite legal capacity may, by an instru- 
ment in writing, to be signed and sealed by them, submit to one or more 
arbitrators any controversy existing between them, not in suit ; and 
may, in such submission, agree that a judgment of any court of record, 
competent to have jurisdiction of the subject matter to be named in such 
instrument, shall be rendered upon the award made pursuant to such 
submission. 

§ 17. Upon a submission under the foregoing section, the arbitrators 
shall take the same oath, and may compel the attendance of witnesses, 
and shall proceed in the same manner as if the submission had been 
made in a cause of pleading. 

§ 18. The award and instrument of submission may be filed in a court 
of record of comijetent jurisdiction, within the same time and upon like 
conditions, and notice and proceedings had thereunder, and judgment 
entered, the same as if the award had been made in a suit pending in 
such court. 

§ 19. Chapter seven of the Revised Statutes of 1845, entitled "Arbi- 
trations and Awards," except as herein re-enacted, is hereby repealed ; 
but this section shall not be construed so as to aft'ect any rights, actions, 
or causes of action that may have accrued or be pending when this act 
shall take eflect. 

Approved April 29, 1873. 



ASSUSSMJEWW. 



§ 1. Bridges over navigable streams. 
§ 2. Sale autliorized. 

In force May 1, 1873, 

A!N" ACT to provide for the assessment and taxation of bridges across navigable waters on the borders 
_^ of this state. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented, in the General Assembly, That all bridge structures across anj^ 
navigable streams forming the boundary line between the state of Il- 
linois and any other state, sliall be assessed by the township or other 
assessor in the county or township where the same is located, as real 
estate ; and all iDrovisions of law relating to the assessment and taxa- 
tion of real estate, shall apply to the assessment and taxation of such 
bridges. Such assessor shall give in his description the quarter sec- 
tion, section, township and range in which such bridge is located or 
terminates in this state, together with the metes and bounds of the 
ground occupied by such bridge, and the approaches thereto from the 
end on the Illinois shore to the center of the main channel of the stream 



ASSESSMENTS. 



crossed by the same. For the purpose of obtaining such description 
the assessor may employ a competent siu-veyor, and the expense of mak- 
ing sncli survey and description shall be charged as a tax against such 
property by the county clerk, on the certificate of the siu'veyor : Fro- 
videcl, that one survey of any bridge and approaches, made under this 
act, shall be deemed sufficient for the puri:)ose of subsequent assess- 
ment of such bridge or approaches. 

§ 2. In default of the payment of the tax assessed against any such 
bridge company, as aforesaid, such bridge structure and approaches 
thereto, so far as the same are located within this state, together with 
the land on which the same is located, as described bj" the assessor, and 
the franchise belonging thereto, shall be sold for such tax at the same 
time and in the same manner as other real estate shall be sold in such 
county for delinguent taxes. 

§ 3. All acts and parts of acts inconsistent with this act are hereby 
repealed. 

§ 4. Whereas, by existing law such bridge structiu-es cannot be sold 
for delinquent taxes, so as to convey a good title thereto, wherefore an 
emergency exists why this act should take effect immediately : therefore 
this act shall take effect and be in force from and after its passage. 

Approved May 1, 1873. 



§ 1. Legalize assessments in cities, toiims or villages, for 1872. 

§ 2. GoUecfor to return warrants. 

§ 3. Collector to malce returns for prior years. 

§ 4. Powers of county officers. 

§ 5. Payment of delinquent taxes made to county treasurer or slier iff; 
notice of application for judgment and order of sale. 

§ 6. County collector shall male returns monthly, and after sale im- 
mediately malie final settlement ; act of 1872 as to sales, cer- 
tificates and, deeds. 

§ 7. Collection hy municipal corporation of taxes prior to 1873. 

§ 8. Personal action for the collection of taxes shall he cumulative. 

§ 9. Wo error not affecting the suhstantial justice of the tax itself 
shall mitigate or affect the tax or assessment. 

§ 10. Writs of error to he tal-en to the supreme court on judgments or 
order of the county court. 

§ 11. Pate per cent, legalized if in excess of the amount limited hy th e 
charter. 

§ 12. Applicahle to water assessments. 
In force March 28, 1873. 

AN ACT in regard, to the assessment and collection of taxes in incorporated cities, to^yu8 and villages 
for the year A. D. 187i, and prior years. 

Whereas, certain incorporated cities, town and villages within this 
state have proceeded, under the provisions of their respective charters, 
in the assessing, levying and collection of their respective municipal 
taxes for the year A. 1). 1872, for the reason that it was believed that 
the general re^'enue law Mas not applicable to said year, and other in- 
corporated cities, towns and villages have certified to the county clerk 



ASSESSMENTS. 39 



of their respective counties under the provisions of the said general 
revenue law, the same being entitled "An act for the assessment of 
property and for the levy and and collection of taxes," in force July 1, 
1871i ; and whereas, it is desirable to remove all doubt as to the validity 
of the tax levies of incorporated cities, towns and villages for said vear 
A. D. 1872; '' ^ 

' Section 1^ Be it enacted by the People of the State of IlUnois, repre- 
sented in the General Assembly, That the taxes assessed or levied by any 
incorporated cifcj'^, town or village in this state for or during the year 
A. D. 1872, under or in accordance with the provisions of the charter of 
such city, town or village, and all proceedings had by such city, town 
or village, and the oflicers of any sucn city, town or village, as to such 
assessment, levy or the collection of any such taxes, shall be and are 
hereby declared to be as legal and valid and of like effect as if said act 
for the assessment of property and for the levy and collection of taxes, 
in force July 1, A. D. 1872, had not been passed. 

§ 2. Any city collector, or other collector having the rolls or warrants 
for the collection of the taxes so assessed and levied by any such city, 
town or village, for or during said year A. J). 1872, shall, at such time 
as may be designated by the legislative authority of any such city, town 
or village, return to the sheriff in counties not under township organiza- 
tion, and to the treasurer in other counties as county collector, a list of 
the real estate on which the taxes so assessed or levied by the authority 
of such city, town or village shall remain unpaid at the time of such 
return, together ^vith the amount of municipal taxes assessed and levied 
thereon, as shown by such rolls or warrants. It shall be the duty of 
the sheriff or county treasurer, as county collector, to advertise, and at 
such term of the court as may be directed by the legislative authority 
of such city, town or village, to apply for judgment, and when judgment 
is obtained, to sell or offer for sale such delinquent real estate, in the 
manner that real estate delinquent for state and county taxes is dis- 
posed of under the laws of this state in force and then applicable to the 
county in which such real estate is situated, but it shall not be required 
that the dates fixed by such laws shall be observed, with respect to the 
returns required to^e made to the sheriff' or county treasurer as county 
collector, under this act. But the relative times fixed and determined 
by said laws for the advertisemeiit, judgment, sale and redemi>tion for 
state and county taxes shall be observed in all proceedings under this 
act, unless otherwise in this act provided. 

§ 3. The amount of any tax heretofore assessed or due on any real 
estate for any prior year or years, and remaining unpaid for any cause 
whatever, together v/ith a list of the real estate upon which the same 
shall have been levied, may be returned to the sheriff or county treas- 
urer by the collector making the return provided in section two hereof, 
at the same time that he makes such return ; and where any rolls or 
warrants for the collection of any such taxes for any prior year or years 
shall have been destroyed, by fire or otherwise, such collector shall 
make his return as to the said real estate upon which such taxes assessed 
for such prior year or years remain unijaid, and the taxes unpaid there- 
on, from the best information that he can obtain. And all the pro- 
visions of this act, relating to the taxes mentioned in said section two, 
the return and the collection thereof, shall apply to the taxes authorized 
to be returned by this section. 



40 ASSESSMENTS. 



§ 4. The county treasurers or sheriifs, as county collectors, upon any 
return being made to tliein under this act, shail have all the powers and 
perform all the duties in regard to the collection of the taxes so returned, 
the advertisement thereof, the ajjpiicatiou for judgment and order of 
sale on the delinquent proijerty so returned and making sale thereof, 
and in all other matters pertaining to such taxes, as such county col- 
lectors have as collectors of state and county taxes in their respective 
counties, and the county court shall have like jurisdiction as in case of 
state and county taxes. 

§ 5. All payments of delinquent taxes, after such returns, shall be 
made to the county treasiuer or sheriff at his ofiice ; and said county col- 
lectors shall collect and enforce the i)ayment of all taxes for municipal 
or other purposes, when a return thereof shall have been made by them 
as uupaid, in the same manner as such county collectors may be author- 
ized to collect and enforce the payment of state and county taxes ; and 
county courts shall have jurisdiction to hear any applicants for judg- 
ments and orders of sale made by any such treasurer or sheriff as county 
collector, to enable him to collect and enforce the payment of taxes 
which may have been returned to him in pursuance of this act; and such 
courts shall have like i)0wers and like proceedings may be had, as near 
as may be, as by then existing laws shall be provided to be had on ap- 
plication for judgment and order of sale for state and county taxes: 
Provided, hoicever^ that in the notices to be given of the intended appli- 
cation for judgment and order of sale, the time when the sale will com- 
mence shall be fixed for the second Monday of the month succeeding the 
month at which such intended application for judgment and order of 
sale is to be made. When the legislative authority of any such citj", 
town or village shall direct that the application for judgment and order 
of sale for such taxes shall be made at the same time that the next ap- 
plication shall be made in such county for the judgment and order of • 
sale for state and county taxes, the notices or advertisements, judgments 
and orders of sale and other proceedings may have separate headings 
indicating the lots or tracts of land taxed or assessed and the amount of 
the municipal taxes and costs against such lot or tract of land. If from 
any defect in the proceedings, or for any other cause, judgment and or- 
der of sale cannot be obtained for the whole or any part of the mimici- 
pal taxes so returned, new proceedings may be had under this act for so 
much as judgment and order of sale was not obtained for, to be collected 
with the next annual taxes of such city, town or ^'illage. The statement 
in writing (or return) made to any county treasurer or sheriff" as county 
collector, under this act, shall, on the application for judgment and or- 
der of sale, be ])rima facie evidence that all the requirements of the law 
have been complied with in the assessing and levying the taxes therein 
returned as unpaid, and in the making of such "return ;" and also shall, 
in such application for judgment and order of sale, he jmma facie evi- 
dence that the taxes and assessments therein returned as unpaid, are 
due and unpaid. 

§ G. The couiity treasiu-ers or sheriffs, as county collectors of the sev- 
eral counties, having received a "retmu" of any unpaid taxes under this 
act, shall keei> a true account of all moneys by them collected on account 
thereof; and shall, as often as once in each month, and as often as once 
a week, if demanded, pay over the amounts collected to -the municipality 
or other authorities or persons entitled to receive the same ; and upon 
sale having been made of such delinquent lands or lots, shall immediately 



ASSESSMENTS. 41 



make a final settlement, and pay over to the proper officers, authorities 
or persons, the full amount that shall then be in his hands, less his fees, 
which shall be the same as provided by law for the collection of state 
and county taxes by such officer. All the provisions of said act entitled 
"An act for the assessment of property, and for the levy and collection 
of taxes," in force July 1, 1872, as to the manner of conducting the sale, 
the issuance of certificates of purchase, the redemption from sale and the 
issuance of deeds upon sucli certificates, as to the state and county taxes, 
shall apply to and be in force as to the taxes retui-ned under the pro- 
visions of this act. 

§ 7. A personal action may be had, either in debt or assumpsit, by 
the municipal incorj)oration, either in its own name or by the county 
collector, to the use of such municipal incorporation, for any taxes on 
real or personal property, for the amount of the taxes levied thereon by 
such municipal incorporation, prior to the year A. D. 1873. And upon 
the trial of such action, a certified copy of so much of the warrant is- 
sued by authority of any such city, town or village, as describes the pro- 
perty upon which such tax was levied, and the amount of such tax and 
to whom assessed, together with the certificate of the ofiicer to whom 
such warrant was issued, or his successor in office, that such tax re- 
mains unpaid, or in case of the destruction of any such warrant, a cer- 
tified copy of so much of the assessment roll as describes the property 
assessed, and shows the valuation thereof and to whom assessed, to- 
gether with a certified copy of the ordinance levying such tax, shall be 
prima facie evidence that such tax is due from the person to whom it is 
assessed and unpaid, and shall be suffi(iieut to authorize judgment against 
the person or persons to whom the same was assessed, to be entered in 
favor of such municipal incorporation for the amount of such tax (and 
interest, if any there shalj appear to be due thereon), unless such prima 
facie evidence shall be rebutted. In case any such assessment roll, or 
any such warrant does not show to whom the said property was asses- 
sed, the court shall receive all such evidence as may have a bearing on 
the case, and as may enable the court to determine whether or not the 
defendant is liable for the taxes claimed in any such action. Upon the 
rendition of judgment, an execution may issue as in case of other per- 
sonal judgments, and may be collected in the same manner. 

§ 8. The personal action for the collection of such taxes shall be cu- 
mulative to the remedy hereby provided for their collection by a return 
to the county treasurer or sheriil'as county collector, and the lien of such 
tas'es on the property assessed shall continue until such taxes are paid 
by sale of the property assessed, or otherwise : Provided, hoivever, there 
shall be but one satisfaction of such taxes ; and upon payment of such 
taxes, all proceedings for the collection thereof shall be discontinued; 
but the court shall have power to adjudge the costs upon such discon- 
tinuance as it may deem just and equitable. 

§ 9. In all judicial proceedings of any kind had under this act, all 
amendments may be made which, by law, could be made in any personal 
action jiending in such court, and no assessment of property or charge 
for any of said taxes shall be considered illegal on account of any irreg- 
ularity in the tax list or assessment rolls, or on account of the assess- 
ment rolls or tax lists not having been made, completed or returned 
within the time required by law, or on account of the property having 
been charged or listed in the assessment or tax list without name, or in 
anv other name than that of the rightful owner; and no error or infor- 

" —5 



42 ASSESSiVIENTg. 



mality in the proceedings of any of the officers connected with the as- 
sessment, levying or collecting of the taxes, not affecting the substantial 
justice of the tax itself, shall vitiate or in any manner affect the tax, or 
the assessment thereof; and any irregularity or informality in the as- 
sessment rolls or tax lists, or in any of the proceedings connected with 
the assessment or levy of such taxes, or any omission or defective act of 
any officer or officers connected with the assessment or levying of such 
taxes, may he in the discretion of the court corrected, suiDplied and made 
to conform to law by the court, or by the person (in the jjresence of the 
court) from whose neglect or default the same was occasioned. 

§ 10. Writs of error may be prosecuted to the supreme court as now 
provided by law, on judgments or orders of county courts, in any such 
proceedings, subject to the conditions hereinafter contained, in case 
such writ of error is to operate as a supersedeas; and appeals shall also 
be allowed to the supreme court (and not elsewhere) as now provided 
by law, in like cases, to the circuit court, from any judgment or order of 
sale made by any county court respecting any property retiu'ned as de- 
linquent, under the provisions of this act ; but no appeal shall be 
allowed, nor shall a writ of error operate as a supersedeas to the defend- 
ant in any such proceedings, unless he shall, before taking such appeal, 
or suing out such writ of error, deposit with the county collector an 
amount of money equal to the amount of the judgment and costs, to be 
applied as hereinafter provided, and give bond with security conditioned 
for the payment of all costs and damages that may be sustained by 
reason of such appeal or writ of error, such bond to run to the People 
of the State of Illinois, fqr the use of such city, town or callage claim- 
ing such taxes ; but upon an aj)peal by such city, town or village, no 
bond shall be required. If the judgment of such county coiu-t shall be 
affirmed, in whole or in part, it shall be the duty of the supreme court, " 
upon such affirmance, to enter judgment for the amount of such taxes, 
with ten per cent, damages added thereto ; and the supreme court shall 
make order that the amount so deposited .with the collector, as afore- 
said, or so much tliereof as may be needed, shall be credited upon the 
judgment so rendered, and execution may issue for the balance of said 
judgment, damages and costs. The clerk of the supreme court shall 
transmit to said collector a certified copy of the order of affirmance ; 
and it shall be the duty of said collector, ux)on receiving such order, to 
apply so much of the amoimt deposited with him by the defendant as 
shall be necessary to satisfy the amount for which judgment shall have 
been rendered in the supreme court, and shall account for the same as 
though such taxes had been paid by the defendant in discharge of the 
judgment. If the judgment of such comity court shall be reversed, 
and the cause remanded, the county court shall have power to rehear 
such causes, and shall have all such powers upon such rehearing as is 
provided in section nine (9) of this act ; shoitld the judgment, upon 
such rehearing, be against the defendant for the amount of said taxes 
claimed to be due, or any i)art thereof, and the same be not appealed 
from, or a ^nit of error be not prosecuted with supersedeas thereon, as 
provided by this act, the court shall cause to be certified to said collector 
the amount of such judgment, and thereupon the county court shall 
order said judgment to be credited with the amount of such deposit in 
the hands of said collector, or «o much thereof as will satisfy said judg- 
ment, aud the collector shall charge himself with the amount so certi- 
fied to him as taxes collected under said judgment, out of the deposit 



ASSESSMENTS. 43 



aforesaid : Provided, that nothing herein shall be construed as requiring 
the defendant to make an additional deposit in case of more than one 
appeal or writ of error being prosecuted in such proceedings. If upon 
final hearing it shall be adjudged that said taxes, or any part thereof, 
are not due or owing from the defendant, it shall be the duty of the col- 
lector to pay over to the defendant the amount of money so deposited, 
or such part thereof as shall remain after satisfying the judgment to the 
extent it shall be found against the defendant. 

§ 11. When the proper authorities of any incorporated city, town or 
village shall have certified to the county clerk the several amounts, or 
the amount which such city, town or village required to be raised by 
taxation, in pursuance of section one hundred and twenty-two (122) of 
said '''Act for the assessment of property, and for the levy and collection 
of taxes," in force July 1, 1872, and the amounts or amount so certified, 
shall have required or shall require such county clerk, in pursuance of 
the provisions of said act, to extend upon the proper valuation of 
property in such city, town or village, a rate per cent, which is or will 
be in excess of the rate per cent, of taxation limited by the charter of 
any such city, town or village, such certificate of the amounts or amouijt 
required, so made, and the rate j)er cent, and tax so extended, or so to 
be extended by such county clerk, shall be as legal and valid to all in- 
tents and purposes as if the charter of such city, town or village con- 
tained no limitation or restriction as to the rate per cent, of taxation. 

§ 12. The provisious of this act shall be applicable to all taxes or 
water assessments levied under the provisions of the cliarter of any 
such incorporated city, town or village. 

§ 13. It being important that the incorporated cities, towns and 
villages in this state should receive their revenues, to be derived from 
taxation, at as early date as practicable, an emergency has arisen re- 
quiring this act to take effect immediately ; therefore, this act shall be 
in force from and after its passage. 

Approved March 28, 1873. 



§ 1. Extend twie for the collection of taxes of 1872. 
§ 2. Wlien it shall cease to be in force. 
In force January 22, 1873. 

AN ACT extending the time for tlie collection of the taxes on the assessments for the year A. D. 
1872, aiid delinquent and omitted taxes on the assessment books for said year. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assemhly, That sections one hundred and sixty-nine, 
two hundred and thirty-nine, and two hundred and forty-one, of "An 
act for the assessment of property, and for the levy and collection of 
taxes," approved March 30, 1872, which said numbered sections read as 
follows : 

"§ 169. Town and district collectors shall return the tax books and 
make final settlement for the amount of taxes placed in their hands for 
collection, on or before the first day of February next after receiving 
the tax book : Provided, that the county collector may first notify, in 
writing, the several town or district collectors upon what day within 



44 ASSESSMENTS. 



twenty days after the first day of February, they shall appear at his 
ofiflce to make final settlement." 

''§ 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 statement, showing the total amounts of 
each kind of tax received by him from town or district collectors, and 
the total amomit of each collected by himself, which statement shall be 
filed in the office of the county clerk." 

"§ 241. The county collector shall, on or before the fifth day of March 
following, pay over to the state treasurer the ta.xes in his hands payable 
to the state treasury, as shown by such settlement." 

Shall, to the extent and only so far as the same apply to taxes levied 
on the assessment of property for the year 1872, or to other taxes re- 
quired by law to be extended on the tax books with the taxes of said 
year 1872, be held and are hereby made to read as follows : 

"§ 169. Town and district collectors shall return the tax books, and 
make final settlement for the amount of taxes i3laced in their hands for 
collection, on or before the tenth day of March, A. D. 1873 : Provided, 
that the county collector may first notify, in writing, the several town 
or district collectors upon what day, within twenty days after the tenth 
day of March, they shall appear at his office to make final settlement." 

"§ 239. On or before the tenth day of Ai)ril, A. D. 1873, after he has 
made settlement with the town or district collectors, the county collec- 
tors shall make a sworn statement, showing the total amounts of each 
kind of tax received by him from town or district collectors, and the 
total amount of ^ach collected by himself — which statement shall be 
filed in the office of the county clerk." 

"§ 241. The county collector shall, on or before the fifteenth day of 
April, A. D. 1873, pay over to the state treasurer the taxes in his hands 
payable to the state treasury, as shown by such settlement." 

§ 2. On and after the sixteenth day of April, A. D. 1873, this act 
shall cease to be in force and effect, saving, however, all liabilities in- 
curred thereunder; and thereafter sections one hundred and sixty-nine 
(169), two hundred and thirty-nine (239), and two hundred and forty-one 
(241), as first recited in section one of this act, and as they appear and read 
in the act of March 30, 1872, the title of which is given in the title and 
section one of this act, shall remain in full force and effect, the same as 
if this act had never been i^assed. 

Whereas, the benefit of this act and the relief hereby intended to be 
afforded to tax payers will be lost unless it takes immediate effect, 
wherefore an emergency exists, requiring that it shall so take effect; 
therefore this act shall take effect and be in force from and after its pas- 
sage. 

Approved January 22, 1873. 



ASSESSMENTS. 45 



§ 1. Amend an act for the assessment of property and the levy and 
collection of taxes. Approved March 30,1873; in force 
July 1, 1872. 

§ 2. Amended sections to he incorporated in and printed therewith. 
In force July 1, 1873. 

AN ACT to amend sections sixty-six (66), one hundred and twenty-two (122), one hundred and thirty- 
seven (137), one hundred and fifty-flve (155), one hundred and sixty-four (164), one hundred and 
sixty-nine (169), one hundred and seventy-seven (177), one hundred and seventy-eight (178), one 
hundred and eighty-two (182), one hundred and eighty-five (185), one hundred and ninety-one (191), 
one hundred and ninety-two (192). one hundred and ninety-three (193), two hundred and twelve 
(212), two hundred and twenty (220), two hundred and twenty-one (221), two hundred and thirty- 
nine (239), two hundred and forty-one (241), two hundred and forty-seven (247), two hundred and 
seventy-seven (277), of "An act for the assessment of property, and the levy and collection of 
taxes," approved March 30, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That sections sixty-six (66), one liun- 
red and twenty-two (122), one hundred and thirty-seven (137), one hun- 
dred and fifty-tive (155), one hundred and sixty-four (164), one hun- 
dred and sixty-nine (169), one hundred and seventy-seven (177), one 
hundred and seventy-eight (178), one hundred and eighty-two (182), 
one hundred and eighty-five (185), one hundred and ninety-one (191), 
one Imndred and ninety-two (192), one hundred and ninety-three (193), 
two hundred and twelve (212), two hundred and twenty (220), two hun- 
dred and twenty-one (221), two hundred and thirty-nine (239), two 
hundred and forty-one (241), two hundred and forty-seven (247), and 
two hundred and seventy-seven (277), of the act aforesaid, be amended 
so as to read as follows : 

§ 66. The county clerk shall make up for the several towns or dis- 
tricts in his county, in books to be provided for 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, belongs to one owner, it 
shall, at the request of the owner or his agent, be listed as one tract, 
and when all lots in the same block belong to one owner, they shall, at 
the request of the owner or his agent, be listed as a block. When, 
several adjoining lots in the same block belong to the same owner, they 
shall at the request of the owner or his agent, be included in one des- 
ciiption: Frovided, that when any tract or parcel of real estate is situa- 
ted in more than one town, or in more than one school, road or other 
district, the portion thereof in each town or district shall be listed sepa- 
rately. Said clerk shall enter in the proper column, opposite the re- 
spective tracts or lots, the name of the owner 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 imi^roved, and the 
value thereof; the number of acres or lots not improved, and the value 
thereof ; the total value ; and such other columns as ma\^ be required. 

§ 122. The proper authorities of towns, townships, districts, and in- 
corporated cities, towns and villages, collecting taxes under the provi- 
sions of this act, shall annually, on or before the second Tuesday in 
August, certify to the county clerk the several amounts which they 
severally require to be raised by taxation, anything in their respective 
charters, or in acts heretofore passed by the general assembly of this 
state, to the contrary notwithstanding. 

§ 137. In all cases the warrant shall authorize the town or district 
collector, in case any person named in such collector's book shall neglect 
or refuse to pay his personal property tax, to levy the same by distress 



46 ASSESSMENTS. 



and sale of the goods and chattels of sncli person ; and it shall require 
all payments therein specified to be made by such town or district col- 
lector on or before the tenth day of March next ensuing. 

§ 155. Every town collector, upon receiving the tax book or books, 
shall proceed to collect the taxes therein mentioned, and for that pur- 
pose shall call at least once on the person taxed, or at his place of resi- 
dence or business, if in the town of such collector, and shall demand 
payment of the taxes charged to him on his property : Provided,, that 
in counties not under township organization, it shall be the duty of the 
collector to give notice, in a newspaper published in the county, if any 
such newspaper there be, stating when and where he will attend in each 
precinct, for the purpose of receiving taxes, and also by causing written 
or printed notices to be posted in three of the most public places in each 
precinct, stating the time when, and the place where, he will be in such 
precinct, for the purpose of collecting the taxes therein; which said 
notices shall be published or posted at least ten days before the time 
fixed for the collection of such taxes, and said notices shall be deemed 
a sufficient demand for said taxes. 

§ 164. Town and district collectors shall, every thirty days, when re- 
quired so to do by the proper authorities of incorporated towns, cities • 
and villages, road and school districts, for which any tax is collected, 
render to said authorities a 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. 

§ 169. Town and district collectors shall return the tax books, and 
make final settlement for the amount of taxes placed in their hands for 
collection, on or before the tenth day of March next after receiving the 
tax book : Provided, that the county collector may first notify, in writ- 
ing, the several towns or district collectors upon what day, within 
twenty days after the tenth day of March, they shall appear at his ofhce 
to make final settlement. 

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

§ 178. When any special assessment made by any city, town or vil- 
lage, pursuant to its charter, or by any corporate authorities, commis- 
sioners or persons, pursuant to law, remain unpaid in whole or in part, 
return thereof shall be made to the county collector on or before the 
tenth day of March next after the same shall have become payable, in 
like forms as returns are made for delinquent land tax. County collect- 
ors shall collect, account for, and pay over the same to the authorities 
or persons having authority to receive the same, in like manner as they 
are required to collect, account for and pay over taxes. The county col- 
lector may, upon return of delinquent special assessments to him, trans- 
fer the amounts thereof from such returns to the tax books in his hands, 
setting down therein, opposite the resi)ecti\ e tracts, or lots, in proper 
columns to be prepared for that purpose, the amounts assessed against 
such tract or lot. 

§ 182. At any time after the first day of April next after such delin- 
quent taxes and* special assessments on lands and lots shall become due, 
the collector shall publish an advertisement, giving notice of the inten- 
ded application for judgment for sale of such delinquent lands and lots, 
in a newspaper j)ublished in his county, if any such there be, and if 



ASSESSMENTS. 47 



there be no such paper printed in his county, then in the nearest news- 
paper in this state to the county seat of such county. Said advertise- 
ment 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 delinquent 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 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 
exposed to jjublic sale at the building where the county court is held in 
said county, for the amount of taxes, special assessments, interest and 
cost due thereon ; and the advertisement published according to the 
provisions of this section 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 collector shall select some other news- 
I)aper, having due regard to the circulation of such paper. 

§ 185. All applications for judgment and order of sale for taxes and 
special assessments on delinquent lands and lots, shall be made at the 
May term of the county court. If, from 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-advertise 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 
Monday specified in the notice, as provided in section one hundred and 
eighty-two — such Monday to be fixed by the county collector in the 
notice. If, for any cause, the collector is prevented from advertising 
and obtaining j adgment at said term, it shall be held to be legal to ob- 
tain judgment at any subsequent term of said court; but if the failure 
arises by the county collector's not complying with any of the require- 
ments of this act, he shall be held on his official bond, for the full amount 
of all taxes and special assessments charged against him : Provided^ that 
any such failure on the part of the county collector shall not be allowed 
as a valid objection to the collection of any tax or assessment, or to a 
rendition of judgment against any delinquent lands and lots, included 
in the apiilication of the county collector : And^ provided., further ., that 
on the application for judgment, at such subsequent term, it shall not be 
deemed necessary to set forth or establish the reasons of such failure. 

§ 191. The court shall examine said list, and if defense (specifying in 
writing, the particular cause of objection) be offered by any person in- 
terested in any of said lands or lots, to the entry of judgment against 
the same, the court shall hear and determine the matter in a summary 
manner, without pleadings, and shall pronounce judgment as the right 
of the case may be. The court shall give judgment for such taxes and 
special assessments and penalties 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 assess- 



48 ASSESSMENTS 

ment included therein; and the court shall direct the clerk to make out 
and enter an order for the sale of such real pro])erty against which judg- 
ment is given, which shall be substantially in the following form : 

Whereas, due notice lias been given of the intended application for a judcrment against said lands 
and lots, and no sutiicient defense having been made, or canse shown, why judgment .should not be 
entered against said lands and lots, for the taxes (special assessments, if any), interest, penalties and 
costs Awe 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 of tracts or 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, penalties 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, penalties and costs annexed to them severally, be sold as the law directs. 

Said order shall be signed by the Judge. In all judicial proceeding's 
of any kind, for the collection of taxes and special assessments, all 
amendments may be made which, by law, could be made in any per- 
sonal action pending in such court, and no assessment of property or 
charge for any of said taxes shall be con.sidered illegal on account of 
any irregularity in the tax lists or assessment rolls, or on account of the 
assessment rolls or tax lists not having been made, completed or re- 
turned within the time required by law, or on account of the projjerty 
having been cbarged or listed in the assessment or tax list without 
name, or in any other name than that of the rightful owner ; and no er- 
ror or informality in the proceedings of any of the officers connected 
with the assessment, levying or collecting of the taxes, not aifecting the 
substantial justice of the tax itself, shall vitiate or in any manner aifect 
the tax or the assessment thereoi ; and any irregulaiity or informality 
in the assessment rolls or tax lists, or in any of the proceedings con- 
nected with the assessment or levy of such taxes, or any omission or 
defective act of any officer or officers connected witli the assessment or 
levying of such taxes, may be in the dis(;retioii of the court corrected, 
supplied and made to conform to law by the court, or by the i)ersou (in 
the presence of the court) from whose neglect or default the same was 
occasioned. 

§ 192. Api^eals from the judgment of the court may be taken during 
the same term to the circuit court of the county, on the party praying 
the appeal executing a bond to the People of the State of Illinois, with 
two or more sureties, to be aj^proved by the court, in doul)le the amount 
of the judgment, conditioned that the appellant will prosecute his said 
appeal with effect, and will pay the amount of any tax, assessment ^and 
costs which the circuit court on the trial of the appeal may render 
against any real estate embraced in such appeal. The county board or 
proper authorities of any city, village or town, or other autboiity or per- 
son to whom any tax or assessments is payable, may, in like case, ap- 
peal to the circuit court Avithout giving bond. 

§ 193. If judgment shall be rendered against any particular lot, piece, 
parcel or tract of land embraced in such ap])eal, it shall be the duty of 
the clerk of said circuit court, in all cases of appeal, to make and deliver 
to the county clerk a record of the lands and lots against which judg- 
ment is rendered, substantially as is provided for county clerks, in sec- 
tion one hundred ai d ninety -four of this act; Avhich record, when filed 
in the office of said county clerk, shall be the process on which such real 
estate, or any interest therein, shall be sold for such taxes or assi ss- 
ments, as well as the record for the sale thereof, and it shall be the duty 
of the county collector, assisted by the county clerk, to proceed and sell 
the same, for the amount of such judgment and costs, in the manner 
proAided where judgment is rendered by the county court against de- 



ASSESSBIENTS. 49 



linquent real estate. The collector shall publish a general notice of such 
sale, in a newspaper published in his county, if any such there be, and 
if there be no such paper published in his county, then in the nearest 
newspaper published in the state to the county seat of such county — 
said notice to be so published once in such newspaper, at least three 
weeks previous to the day fixed for such sale. Upon the dismissal of 
any appeal, and upon filing in the office of the county clerk a certified 
copy of the order of such dismissal, the county clerk shall make a record 
of the lands and real estate embraced in the appeal, which shall be the 
process on which such real estate embraced in such appeal shall be sold; 
and it shall be the duty of the county collector to proceed to sell the 
same in the manner provided hereinbefore in cases of judgment being 
rendered against real estate by the circuit court on the trial of an ap- 
peal, and all the provisions of law shall apply to such sale, as in other 
cases. 

§ 220. When any person shall hold more than one certificate of pur- 
chase at the same sale, and for the same year's tax or special assessment, 
the clerk shall, on tlie request of the holder of such certificate, include 
as many tracts or lots described therein in the tleed of con\eyance as 
such person may desire, and for which deed the county clerk shall have 
a fee of fifty cents for each certificate embraced therein : Provided, that 
no greater fee than three dollars shall be charged upon any one deed. 

§ 221, The deed so made by the county clerk under the official seal 
of his office shall be recorded in the same manner as other conveyances 
of real estate, and shall vest in the grantee, his heirs and assigns, the 
title of the property therein described without further acknowledgment 
or evidence of such conveyance, and said convej^ance shall be substan- 
tially in the following form : 

State of Illinois, ? 

County. 3 

Whereas at a public sale of real estate for tte non-paynient of taxes made in the county aforesaid 

on. the day of A. D. 18.-, the following described real estate was sold, to-wit: (here place 

description of real estate conveyed); and whereas, the same not having been redeemed from said sale, and 
itappearing that the holder of the certiticate of purchase of said real estate has complied with the laws of 
the state of Blinois necessary to entitle (insert him, her or them) to a deed of said real estate. Now, 
therefore, know ye, that I, , county clerk of said county of , in consideration of the pre- 
mises and by virtue of the statutes of the state of niinois in such cases provided, do hereby grantand 

convey unto , his heirs and assigns fiirever, the said real estate liereinbefore described, subject, 

however, to any redemption provided by law. 

Given under my hand and the seal of our court this day of , A. D. 18. . 

, County Clerk. 

§ 212. The books and records belonging to the office of the county 
clerk, or copies thereof, certified by st id clerk, shall be deemed prima 
facie evidence to prove the sale of any land or lot for taxes or special as- 
sessments, the redemption of the same, or payment of taxes or special 
assessmeirts thereon. The county clerk shall, at expiration of his 
term of office, pay over to his successor in office all moneys in his hands 
received for redemption from sale for taxes on real estate. 

§ 239. On or before the tenth day of April, annually, after he has 
made settlement with town or district collectors, the county collector 
shall make a sworn statement, showing the total amounts of each kind 
of tax received by him from town or district collectors, and the total 
amount of each collected by himself — which statement shall be filed in 
the office of the county clerk. 

§ 241. The county collector shall, on or before the fifteenth day of 
April following, pay over to the state treasurer the taxes in his hands, 
payable to the state treasury, as shown by the statement required by- 
section 239, of this act. 



50 ASSESSMENTS. 



FINAL SETTLEMENT OF THE COUNTY COLLECTOR FOR STATE TAXES. 

§ 247. The county clerk shall make out and deliver to the county col- 
lector, as soon as adjustment is made with the county board or county 
clerk, annuallj^, the statements, certificates and lists appertaining to the 
settlement of the accounts of such collector; which statement, certifi- 
cates 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, for that purpose. The collector shall deliver the same at the 
office of the* auditor, and make a final 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: Provided^ that in all 
cases where the statements, certificates and lists api^ertaining to the 
final Settlement of a collector are on file with the auditor, on or before 
the first day of July, the auditor shall not charge interest on the balance 
found due on the account of such collector, for fifteen days after mailing 
said auditor's statement showing balance due the state on such collec- 
tor's account : Provided^ further^ that this section shall not be held to 
relieve any collector from tlie j)ayment of interest charged on his account 
by reason of failure ':o make payment to the state, at other time or times, 
as required by this or any other act of the general assembly of this state. 

§ 277. If the tax or assessment on property liable to taxation is pre- 
vented from being collected for any year or years, by reason of any 
erroneous proceeding or other cause, the amount of such tax or assessment 
which such property should have paid may be added to the tax on such 
Ijroperty for any subsequent year, in separate columns, designating the 
year or years. 

§ 2. The sections of the act entitled "An act for the assessment of 
property and for the le^^ and collection of taxes," approved March 30, 
1872, as amended in section one of this act, shall in all subsequent pub- 
lications of said act of March 30, 1872, be incorporated in and printed 
therewith, the same as if the sections amended in section one of this act 
were the original sections of said act of March 30, 1872. 

Approved May 3, 1873. 



§ 1. Incorporated cities may hy ordinance levy and collect city taxes on real 

and personal property. 
§ 2. Assessor and collector to be elected ; may appoint assistants ; city 

council to prescribe the duties and define thepoicers. 
§ 3. All property to be assessed at its real or true value having its actual 

situs with the city, for municipal purposes. 
§ 4. Perso7ial property on hand on the first of May to govern. 
§ 5. General revenue law appUcahle unless in conflict with this act. 
§ G. Time of hearing objections to the assessments. 
§ 7. Mayor, city clerk and assessor to constitute the board of equalization, 

hear objections, make corrections, and supply omissions. 
§ 8. City cleric shall enter in a book all taxahte real or personal estate as 

revised by board of equalization. 
§ 9. Limiting the rate per cent, on the aggregate assessed valuation. 
§ 10. City cleric to estimate, attach warrant and command the collector to 
collect the same. 



ASSESSMENTS. 51 



§ 11. City council may hy resolution order collector to returii any warrant 

at a time specified in resolution. 
§ 12. Collector to give ten days' imhlic notice that such ivarrant is in his 

hands^ and to nuike immediate payment al his office. 
§ 13. City collector may appoint deputies ; all tax-payers may examine 

hooks ; payments to be made weelcly to comptroller or city clerJc. 
§ 14. All taxes to be a lien upon real estate and personal property ; per- 
sonal property to be advertised and sold in the same way as by 

execution. 
§ 15. Unable to collect the same ; report shall be prima facie evidence that 

all the requirements of the law have been complied -with. 
§ 16. Officers shall proceed to obtain judgment and sell the same for taxes 

remaining due and unpaid. 
§ 17. City collector to receive taxes up to time of sale, andreport the same. 
§ 18. Treasurer to attend sale and receive all moneys. 
§ 19. Redemption. 
§ 20. General revenue laic to apply. 
§ 21. Collector liable for error in sales to the amount of certificate and 

fifty per cent, additional. 
§ 22. City council may by resolution abolish office of city assessor and 

collector. 
§ 23. Appointment of city tax commissioner. 
In force July 1, 1873. 

Aisr ACT in regard to the assessment of property and the le-vy and collection of taxes by incorporated 

cities in this state. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That in all incorporated cities in this 
state, the city council may, by ordinance, annually, levy and collect city 
taxes on real and personal property within the city : 

First. — For general and contingent expenses, or any other expenses 
not herein otherwise provided for, 

Second. — For supplying and maintaining schools and erecting and 
repairing school houses. 

Third. — For the erection of a city ml,rket,' bridewell or house of cor- 
rection or other public buildings, purchase of grounds therefor, the 
building of bridges, improvement of the river or harbor, for improving 
the sanitary condition of the river or harbor, or any other ]3ermauent 
improvement. 

Fourth. — A tax of sufficient amount to meet the interest accruing on 
the indebtedness of the city. 

Fifth. — To provide for a sinking fund or funds, for the payment of the 
general or special indebtedness of the city ; and no city shall hereafter 
contract any debt without at the same time providing for the annual 
levy and collection of a direct tax sufficient to pay the interest, and the 
principal when it falls due. All money raised for any sinking fund shall 
be invested in the purchase of bonds of said city — such purchase to be 
made from time to time, as directed by the mayor — and all bonds so 
purchased shall be immediately retired and canceled, in the presence of 
the city council, at some stated meeting thereof. IsTo sinking fund shall 
be used for any other purpose than the purchase of city bonds or the 
payment of the city indebtedness upon account of which such sinking 
fund was raised : Provided, that no tax shall be levied under this sec- 



52 • ASSESSMENTS. 



tiou, unless two-tliirds of all the aldermen elected shall vote in favor of 
the same. 

Sixth. — A tax of sufficient amount, when required, to provide for the 
expense incurred in making any jjublic improvement, caused by any 
casualty or accident hapi)ening' after the making of the annual appro- 
priations for such year, or to pay any judgment that may have been 
recovered against the city during such previous year. . 

/Seventh. — To levy taxes for the building, extension and maintenance 
of sewers ; for the laying and extension of water mains or pipes, and 
for establishing and maintaining of water works 5 for the hghting of the 
city, and to establish and maintain gas works. 

§ 2. There shall be one assessor and one collector, who shall be 
elected by the people at the time fixed by law for electing the mayor of 
the city, and the term of office of the collector shall be the same as that 
of the mayor, and the collector shall give bonds for the faithful perform- 
ance of the duties of his office, in such manner, form and amount as the 
common council may b}" ordinance provide. Tlie city council may 
authorize such assessor to appoint such number of assistant assessors 
as the city council may adjudge necessary. The city council may pre- 
scribe the duties and define the powers of such assessor (and of such 
assistant assessors, if ap])ointed,) by ordinance: Froinded, that such 
assessors shall have the same powers that assessors may possess under 
the general laws of the state for the assessment of state and county 
taxes, not inconsistent with this act ; and the city council may, hj ordi- 
nance, prescribe the form of all assessment books or rolls. 

§ 3. The assessor shall assess all taxable real and personal estate at 
its real or true value, as defined by the state revenue laws. All i)ersonal 
property, of every nature and kind, having its actual situs within the 
city, shall be assessed for municipal purposes, whether the owner resides 
in the city or not ; this provision to extend to and include the proi)erty 
of railroads and the proportion of rolling stock of all such railroads or 
railway companies as run cars or trains into the city, by lease of road 
bed or track, the same as though such comiianies owned the track or 
road-bed ; such railroad property to be assessed and such proportion to 
be ascertained and apportioned in accordance, as near as may be, with 
the statutes regulating the manner of listing and valuing the property 
of railroads for state and county taxation. 

§ 4. Personal property shall be listed for municipal purposes with 
reference to the quantity on hand and owned on the first day of JMay in 
the year for which the property is required to be listed, including the 
property i)urchased on that day. 

§ 5. All the provisions of the general revenue laws of this state, so 
far as the same are applicable, concerning the levy and assessment of 
taxes for state and county pur])oses, and the duties of assessors, shall 
be in force and apply to all cities in this state, unless in conflict with 
this act. 

§ 0. When the assessor shall have completed the assessment of the 
taxable real and personal estate of said city, he shall file the same in 
the city clerk's office ; and the mayor, city clerk and assessor shall fix 
upon a day, not less than seven nor more than thirty days from the 
date of the filing of said assessment, for the hearing of objections to the 
assessment; and they shall give notice of the time and place of such 
hearing by written or printed notices, one to be posted in each ward in 
such city at least one week before the day fixed for such hearing, and 



ASSESSMENTS. 53 



by one insertion in a newspaper published in the city (if any there shall 
be), at least one week before the clay fixed for such hearing. Any person 
aggrieved by the assessment of his property, may appear at the time 
specified and make his objections. 

§ 7. The said mayor, city clerk and assessor, constituting the board 
of equalization, shall meet at the time and place designated to revise and 
correct the said assessments. They shall hear and consider all objec- 
tions which may be made, and shall have power to make all proper cor- 
rections, and supply omissions in the assessment, and, for the purpose 
of equalizing the same, to alter, add to, take from, and otherwise cor- 
rect and revise the same. They shall continue in session during three 
business hours of each and every secular day, for not less than three 
nor more than ten successive days, as the city council may direct. 
Thereafter no change, amendment or alteration shall be made, nor shall 
any tax or portion thereof be refunded. A majority of said board shall 
constitute a quorum. 

§ 8. When such revision has been completed, the same shall be de- 
posited with the city clerk, who shall enter in a book or books, to be 
prepared for that purpose, a complete list of all the taxable real and 
personal estate in said city, according to the assessment as returned by 
said assessor, and revised by the board of equalization, showing, in a 
proper column ruled for that purpose, the names of the different owners 
so far as they appear in said revised lists, and in another column the 
amount of the valuation made in each case. Said book or books shall 
also have rided therein an appropriate column for extending or inserting 
the amount of taxes which may be levied upon said property. Said 
book or books shall constitute the tax list of real and i)ersonal estate for 
such year. The clerk shall also add up the valuations in such list, and 
the aggregate amount thei'eof shall be entered by him at the foot of the 
appropriate column in the last page. When the said tax list shall have 
been so completed, it shall be signed by the mayor, city clerk and as- 
sessor, or a majority of them, and left in the custody of the city clerk. 

§ 9. The city council shall thereupon, by ordinance or resolution, 
levy such sum or sums of money as may be necessary for the several 
purposes for which taxes are herein authorized to be levied, specifying 
the purpose for which the same are levied ; but the aggregate amount of 
taxes levied for any one year shall not exceed the rate of three per cent. 
upon the aggregate assessed valuation of all property assessed. 

§ 10. It shall be the duty of the city clerk to estimate the several 
taxes levied by the common council, comx)uting them together as one 
tax, and to insert tne total amount of such taxes in the appropriate col- 
umn of said tax list, opposite to the person or property chargeable there- 
with. When completed the city clerk shall attach to said tax list a 
warrant, under the corporate seal, signed by the mayor and city clerk, 
directed to the collector, coiumanding him to make, levy and collect as 
the taxes for such year the several sums of money set opposite to the 
real and personal estate, or persons in said tax list mentioned or descri- 
bed, of the goods and chattels of the respective owners of such real or 
personal estate, which warrant shall designate the names and rates of 
the several taxes therein, and shall specify the aggregate amount of 
taxes to be collected, and shall also command the collector to collect the 
same from the persons or property named in said list, according to law. 
Said tax list, with the warrant attached, shall be delivered to the col- 
lector by the city clerk, and shall constitute the only process necessary 



54 ASSESSMENTS; 



to be issued for the collection of the annual city taxes. The city clerk 
shall take a receipt from the collector for the said tax lists, specifying the 
aggregate amount of taxes levied, and the respective amounts levied 
upon real estate and personal property. 

§ 11. The city council may, by resolution or ordinance, order and di- 
rect that a return of any warrant issued to the city collector shall be 
made at a time to be specified in such ordinance or resolution. 

COLLECTION OF TAXES. 

§ 12. Upon the receipt of any warrant for the collection of the annual 
taxes, special taxes or any special assessment on real or personal proper- 
ty, the collector shall forthwith, give ten days' notice, by publication in 
any ncAvspaper published in said city, or if no newspaper is published in 
said city, by posting written or printed notices in four public places in 
the city, that such warrant is in his hands for collection, briefly descri- 
bing its natiu'e, and requesting all persons interested to make immedi- 
ate payment at his oiSce. In the notice so to be published or posted, he 
shall notify all parties interested that after the expiration of thirty days 
from the date of leceiving such warrant he will levy upon the personal 
property of all who shall have failed to pay ; and at the end of thirty 
days, or as soon thereafter as may be, he shall so levy if personal prop- 
erty belougi]ig to such delinquent i)ersou or persons can be found: and 
he shall be liable for their tax in case of neglect so to do. Said taxes 
shall be a lien upon any property, real or personal, that such delinquents 
may have or may thereafter acquire, until paid ; aud tlie collector or his 
successor in oftice may at any time thereafter levy and collect the same. 
But nothing in this section shall be so construed as to prevent the col- 
lector from levying at any time after the publication or posting of the 
ten days' notice above required. 

§ 13. The city collector may appoint such number of deputies as the 
city council may adjudge necessary. All the city collector's papers, 
books, warrants and vouchers may be examined at any time by the 
mayor or city clerk, or any member of the city comicil, or by any tax- 
payer of said city. The collector shall, weekly, or oftener if the city 
council so direct, pay over all the money collected by him from any per- 
son or persons or associations to the city treasurer, taking his receipt 
therefor in duplicate, one of which receipts he shall at once tile in the 
office of the city comptroller, if there be one, aud if there is no city 
comptroller, then in the oftice of the city clerk. 

§ 14. All taxes, general or special, and special assessments levied by 
the city council, shall be a lien upon the real estate on which the same 
may be imposed, aud said lien shall continue until said taxes, special 
taxes and assessments are paid. Every person owning real property on 
the first day of May, including all such property purchased on that day, 
shall be liable for the taxes thereon for that year. The city taxes shall 
also be a lien on the personal property of all i^ersons owing taxes from 
and after the delivery to the collector of the warrant ; and no sale or 
transfer of said property shall aftect the lien, but the said pioperty may 
be seized by the collector wherever found, and removed, if necessary, 
and sold, to discharge the taxes of the person owing the same ; and the 
same proceedings may be resorted to by the collector upon any warrant 
issued for the collection of a special assessment or special tax. Upon 
such seizure of personal property by such collector, he shall forthwith 
advertise and sell the same in the manner provided by law for sales by 



ASSESSMENTS. 55 



constables upon executions issued by justices of the peace, and the fees 
of the collector for making any levy and sale of property shall be the 
same as allowed to constables for levy and sale of property on execution, 
and the costs shall in all cases be collected out of the property of the 
I)erson against whom the le\^ is made. 

§ 15. It shall be the duty of the collector, within such time as the 
city council may, by ordinance, provide, to make a report (or return), 
in writing, to the general officer of the county authorized and designated 
by the general revenue law of this state to advertise and sell lands for 
taxes due the county and state, of all the lands, town lots and real pro- 
perty on which he shall have been unable to collect taxes, special taxes 
and special assessments, with the amount of such taxes, special taxes 
and special assessments due and unpaid, respectively, thereon, with a 
brief description of the nature of the warrant or warrants received hj 
him authorizing the collection thereof ; which report or return shall be 
accompanied with the oath of the collector that the list is a correct re- 
turn and report of the lands, town lots and real property on which the 
taxes, special taxes and special assessments, levied by authority of the 
city, remain due and unx)aid ; that he is unable to collect the same, or 
any part thereof, and that he has given the notice required by law, that 
said warrants had been received by him for collection. Said report or 
return, when so made, shall be prima facie evidence that all the forms 
and requirements of the law in relation to making said report or return 
have b<.;en complied with, and that the taxes, special taxes and special 
assessments mentioned in said report or return are due and unpaid. 

§ 16. When said general officer shall receive the report or return 
provided for in the preceding section, he shall proceed to obtain judg- 
ment against said lots, parcels of land and property for said general 
taxes, si^ecial taxes and special assessments remaiuing due and unpaid, 
in the same manner as may be by law provided for obtaining judgments 
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 general taxes, 
si^ecial taxes and si)ecial assessments remaining due and unpaid. In 
obtaining said judgment and making said sale, the said officer shall be 
governed by the general revenue laws of this state, except when other- 
wise provided herein. And the city council may, by ordinance or reso- 
lution, fix and determine the term of the county court at which the said 
general officer shall apply for judgment against the said lots, parcels of 
land and property : Provided, there shall be but one sale in any one 
year for any general taxes, special taxes or special assessments levied 
by authority of such city, which sale may be at the same or a different 
time from the sale for state and county taxes, as the city council may, 
by ordinance or resolution, provide. Upon any such application for 
judgmeiit, the county court shall have like jurisdiction and powers, and 
like proceedings shall be had, as near as may be, as upon application 
for judgment for state and county taxes; and upon an appeal from the 
judgment of the county court, the like proceedings shall be had and the 
like juT^isdH'tion and like powers shall be exercised by courts and officers, 
as in case of appeals from the county court upon applications for judg- 
ments for state and county taxes : Provided, however, that no appeal 
shall be allowed from any judgment of the county court against any 
property returned as delinquent under this act, unless the party ap- 
l)ealing from such judgment shall first give bond with two sureties, to 
be approved by the court, in a penalty at least double the amount of 



56 ASSESSMENTS. 



the judgment, interest and costs appealed from, conditioned that he will 
prosecute his appeal with effect, and in case of failure therein, pay and 
satisfy such city the amount of the judgment aj)pealed from, with all 
damages, interest and costs which such city may have sustained by rea- 
son of such appeal, and upon the affirming of such judgment of the 
county court the supreme court shall render judgment for twenty per 
cent, for damages. 

§ 17. The city collector shall have power to receive and collect any 
of the general taxes, special taxes or special assessments mentioned in 
said report up to the time of the actual sale of any such lot, parcel of 
land or property, and it shall be his duty forthwith to report the fact of 
such payment to the said general officer, who shall mark the same i)aid 
upon his books and upon said report (or return) : Provided^ however^ the 
city collector may close Jiis office for the payment of said taxes and as- 
sessment a sufficient length of time before the day fixed for the applica- 
tion for judgment to enable such general officer and city collector to 
compare and correct the reports of taxes and assessments paid, with the 
list of delinquent proj)erty returned to such general county officer. 

§ 18. It shall be the duty of the city treasurer to attend to such sale ; 
and all moneys bid and paid at such sale for any such city taxes, special 
taxes or special assessments, shall be paid to the treasurer of such city, 
and no other person 5 and it shall be the duty of the city treasurer, upon 
the close of such sale, to make a report to the city comptroller, (if there 
be one ; if none, to the city clerk,) specifying therein the lots, parcels of 
land and property upon the sale of which the same was received, and a 
description of the lots, parcels of land and j)roperty purchased by the 
city. The city council shall, by ordinance, i)rovide for the payment of 
the exi^enses of such sale, and shall fix the compensation to said officer 
for making the sale, which shall be in lieu of all fees therefor: Provided., 
however., there shall be paid such general officer the same fees for ad- 
vertising, making list for the printer and making out the delinquent 
list, and to the county clerk the like fees as provided to be paid for like 
services in regard to property delinquent for state and county taxes, 
which said fees or costs shall be extended and collected against the lots, 
land and real proj)erty, as in case of property delinquent for state and 
county taxes. 

§ I'J. After making said sales, the record and list of lots, parcels of 
laud and property sold thereat, siiall remain in the hands of the clerk 
of the county court, and redemption shall be made as provided for by 
the general revenue law of the state. 

§ liO. All the provisions of the general revenue law of this state re- 
lating to the redemi)tion or deeding of any property so sold, and the 
manner of obtaining a deed, and the effect of the same, shall be in full 
force and apply to all sales made in x>wi'suauce of this act. 

§ 21. If the collector shall receive any moneys for taxes or assess- 
ments, giving a receipt therefor, for any land or parcel of land, and 
afterwards return the same as unpaid, to the general county officer 
authorized to sell lands for taxes, or shall receise the same after making 
such return, and the same be sold for tax or assessment which has been 
so paid and receipted for by himself or his clerks, he and his bond shall 
be liable to the holder of the certificate given to the purchasers at the 
sale, for the amount of the face of the certificate, and fifty per cent, 
additional thereof, to be demanded within two years from the date of 
the sale, and recovered in any court having jurisdiction of the amount. 



ASSESSIVIENTS. 57 



GENERAL PROVISIONS. 

§ 22. TJie city council of any city shall have power at any time, in 
lien of the mode herein i)rovided for the assessmeiit and collection of 
general city taxes, to, by resolution or ordinance, elect to certify to the 
county clerk the amount or amounts required to be raised by taxation 
upon the assessment of propertj^ for state and county taxes, and to col- 
lect the taxes for said city, in the manner provided for in the general 
revenue laws of this state, and in such case to abolish the office of the 
city assessor and the city collector : Provided^ houwver, that nothing in 
this section contained shall be so construed as to prevent such corpora- 
tion at any time thereafter from providing for the assessment and col- 
lection of taxes by ordinance, and in the manner in this act herein- 
before set forth. 

§ 23. The city council may, in their discretion, provide, by ordinance, 
for the appointment of a city tax commissioner, lix his terin of office 
and salary, and confer upon him such powers, and provide for the per- 
formance of such duties by him as the city council may deem necessary 
and proper 5 and all the provisions of this act relating to the duties of 
the city clerk or the powers of the city clerk, in connection with the 
assessment of property, the equalization of such assessments, or the 
levy or collection of taxes, special taxes or special assessments, shall be 
exercised and performed by such city tax colnmissioner, if there be one 
appointed 5 and to that end and purjjose wherever in this act heretofore 
the words " city clerk " or " clerk " are used, they shall be held to mean 
"city tax commissioner," and wherever "the city clerk's office" or 
"clerk's office" is referred to, it shall be held to mean "city tax com- 
missioner's office," and the term " city council " shall be held to include 
the common council of anj^ city. 

Approved April 15, 1873. 



§ 1. City council authorized to appoint a collector of taxes. 
§ 2. Term of office one year. 
§ 3. May extend time for the collection of taxes. 
In force March 5, 1873. 

AN ACT to provide for the collection of revenue, and for the sale of real estate for non-payment of 
taxes for state, county, municipal or other purposes, for the year A. D. 1873, in cities situated in 
counties under township organization, in which no collector of taxes is now provided for by law. 

Section 1. Be it enacted hy the People of the State of Illinois^ repre- 
sented in the General Assembly^ That in all cities in this state, situated 
in counties under township organization, in which neither a township or 
city collector is now provided for by law, the city council of such city is 
hereby authorized and required to appoint a collector of taxes, within 
and for such city, and when apj)ointed and duly qualified, shall possess 
all the powers, and perform the same duties within such city, as are re- 
quired to be performed by town or district collectors, under the general 
revenue laws of this state, and shall be entitled to receive the same com- 
pensation as is now allowed town or district collectors. All the pro- 
visions of the general revenue laws of this state shall be applicable to 
—6 



58 ASSESSMENTS. 



such collector, witli like effects as to town or district collectors, excejit 
so far as is expressly provided in this act. Any collector so a^jpointed 
may be removed by the city council of the city making the appointinent. 

§ 2. Such collector so appointed shall hold his ofl&ce for one year, 
unless his successor is sooner appointed by said citj^ council under this 
act, or elected pursuant to law. Before such collector shall enter upon 
his duties, he shall take an oath of office, and ,;;ive bonds, as nearly as 
may be, as is now required of town and district collectors, in section one 
hundred and thirty-three of an act entitled " An act for the assessment 
of property, and for the levy and collection of taxes," approved March 
30, 1872. Such bonds shall be ai)proved by the city council api^ointing 
said collector, and shall be recorded in the office of the recorder of deeds 
of the county in which said city is situated, and said bond shall then be 
filed with the clerk of the county conrt, and such bond, when so re- 
corded, shall be a lien against the real estate of such collector, until he 
shall have complied with the conditions thereof. 

§ 3. In case of such appointment by any city council, such city 
council may, in its discreti(m, when deemed necessary to enable such 
collector to make such collection, extend the time for the collection of 
taxes in such city, for the year 1872, for a period not later than the 
tenth da}" of May, 1873, of which extension the coimty collector shall 
be promptly niotified by the city clerk. 

§ 4. Whereas there is no provision of law for the collection of state 
and other taxes in the city of Quincy, now extended upon the state tax 
books of said city, for the year A. 13. 1872, and until this law shall go 
into effect such taxes cannot be collected, w^hereby an emergency exists, 
that this law should take immediate effect ; therefore, this act shall take 
effect and be in force from and after its passage. 

Appkoved March, 5, 1873. 



§ 1. Legalize assessments made by cities and towns for the year 1872. 
In force March 28, 1873. 

AN ACT to localize the extension of taxes in certain cases. 

Whereas, the proper authorities of some of the cities and incorpo- 
rated towns in this state made their own assessment of property, and 
collected the tax thereon, for the year A. D. 1872, the same being com- 
pleted, in many instances, nearly a year prior to the time when the taxes 
on the state assessment are completed ; and, whereas, an act entitled 
" An act for the assessment of }>roperty and for the leyj and collection 
of taxes," approved March 30, 1872, requires all taxes to be extended on 
the assessment of property made imder said act, it therefore becomes 
necessary that the proper authorities of such cities and towns be per- 
mitted to obtain such revenue as they may require, in order to bring 
their revenue year to conform to the state revenue law ; therefore. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That, in any case, where the proper 
authorities of cities and incorporated towns have certified to the couutj^ 
clerk the amount or amounts of revenue by them required, under sec- 
tion (122) one hundred and twenty-two of the state revenue law, and said 



ASSESSMENTS. 59 



clerk lias computed a rate, to produce said amount or amounts, on the 
assessment of property made under the state revenue laws, for tlie year 
A. D. 1872, and extended the same on said assessment, as provided by the 
(127 and 128) one hundred and twenty-seventh and one hundred and 
twenty-eighth sections of said state revenue law, the action of said 
authorities and such county clerk is hereby declared legal and valid ; 
and the city and town taxes, so extended, shall be and remain a lien on 
the property against which they nre extended, to the same extent as now 
provided in sections (253 to 256; two hundred and fifty-three to two 
hundred and fifty-six, inclusive, of said act. 

§ 2. Whereas the state revenue law in force July 1, 1872, requires 
all taxes to be extended on the assessment of property made under said 
act, therefore an emergency exists that this law should take immediate 
effect ; therefore, this act shall take effect and be in force from and after 
its i^assage. 

Approved March 28, 1873. 



§ 1. Legislative autJwrity to a/ppoint assessor and collector. 
In force April 25, 1873. 

AN ACT in regard to assessors and collectors of city taxes in incorporated cities. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That in all incorporated cities in this 
state which now have or may hereafter be vested with i)ower to make 
an assessment of property for taxation for city purposes, and in which 
there is or may be no city assessor authorized to make such assessment, 
and no city collector authorized to collect city taxes levied by any such 
city, it shall and may be lawful for the mayor of any such city to 
appoint, by and with the consent of the legislative authority thereof, a 
city assessor and a city collector, who shall hold office until a city asses- 
sor and a city collector for such city may be elected and qualified in the 
manner provided by law ; and such city assessor and city collector so 
appointed shall perform like duties, have like powers and give like 
bonds, as provided by law in regard to such officers when elected by 
the people. 

§ 2. It being important that all incorporated cities in this state 
should have power to proceed with the assessment and collection of 
their taxes at as early a date as practicable, an emergency has arisen 
requiring this act to take effect immediately ; therefore, this act shall be 
in force from and after its passage. 

Appeoved April 25, 1873. 



60 ASSESSjMENTS. 



§ 1. County collector to advertise all real estate delinquent. 
§ 2. Issuance of certificates^ redemption of deed. 
§ 3. Incorporations may become purchasers. 
In force May 2, 1873. 

AN ACT in relation to the collection of taxes and special assessments. 

Wheeeas certain requirements of the general revenue la^v of tliis 
state, relating to the mode of advertising the list of delinquent taxes 
and special assessments, to making apiolication for judgment thereon, , 
and the manner of making the tax sale, are impracticable ; and whereas 
it is desirable to remove existing defects as to the manner of collecting 
the taxes and special assessments ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: When a return to the county collector has been 
made or shall hereafter be made of any real estate delinquent for any 
special assessment, or annual installment thereof, levied by any incor- 
porated city, town or village, or by any corporate authorities, commis- 
sioners or i)ersons, pursuant to law, which assessment or installment 
thereof is required by law to be included in the advertisement and 
notice of application for judgment for state and county taxes, and the 
description or sub-division of any real estate described in such return 
is difierent from the description or sub-division thereof as described in 
the town or district collectors' book returned to such county collector, it 
shall and may be lawful for the county collector to advertise all the real 
estate delinquent for any such assessment described in such return, 
according to the description thereof, as contained in such return 5 but 
such advertisement shall be made at the same time, and shall form part 
of his advertisement of real estate delinquent for state and county 
taxes. 

§ 2. The said real estate, so advertised, may be described in the 
county collectors' delinquent return, according to the description thereof, 
as contained in such return and advertisement ; and like proceedings 
shall be had to the application for judgment, and the judgment thereon, 
the sale and issuance of the certilicate of the sale thei'eof, redemption 
from such sales and issuance of deeds thereon, as may be required by 
law to be had in regard to lands delinquent for state and county taxes. 

§ 3. Any incorporated city, town or village, or corporate authorities, 
commissioners, or persons interested in any such special assessment or 
installment thereof, may become purchaser at any sale, and may desig- 
nate and appoint some officer or person to attend and bid at such sale 
on its behalf. 

§ 4. Whereas many special assessments are now in process of collec- 
tion, whereby an emergency exists why this act should take effect imme- 
diately ; therefore, this act shall take effect and be in force from and 
after its passage. 

Approved May 2, 1873. 



AUDITOR. 61 



A UDITOB. 



§ 1. Bond. 

§ 2, Oath or affirmation. 

§ 3. Governor may require additional hond. 

§ 4. When office shall he deemed vacant. 

§ 5. When suits may he instituted. 

§ 6. Official seal. 

§ 7. With tvhom to Tceep accounts. 

§ 8. Issue warrants. , 

§ 9. Kceij) a record of all warrants drawn. 

§ 10. Fersonally sign all inarrants. 

§ 11. Countersigned hy the treasurer. 

§ 12. Ascertain the amount due and payable. 

§ 13. No sale or transfer shall prevent the maMng of deduction or 

offsets. 
§ 14. Condition tipon which lie may issue duplicate ivarrants. 
§ 15. Proper officer to institute all suits. 
§ 16. How suits may he settled hefore execution. 
I 17. Shall keep record of all accounts, taxes or other moneys, and 

all amounts paid in the stale treasury. 
§ 18. Shall mahe a hiennial report to the governor. 
§ 19. Credit treasur&r''s account tcith amount of canceled icarrants 

returned, monthly. 
§ 20. Countersign all receipts issued hy the treasurer. , 

§ 21. Who shall not he employed. 
In force July 1, 1873. 

AN ACT to revise tlie law in relation to tlie auditor of public accounts. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That tlie auditor of public accounts of 
this state shall, before entering upon the duties of his office, give bond, 
with two or more sufficient sureties, to be approved by the governor and 
two justices of the supreme court, payable to the People of the State of 
Illinois, in the sum of fifty thousand dollars, conditioned for the faithful 
discharge of his duties, and to deliver up all papers, books, records and 
other property ai^pertaiuing to his office, whole, safe and nndefaced, to 
his successor in office ; and that he will give additional bonds, with suf- 
ficient sureties, when legally required — which bojid shall be filed in the 
office of the secretary of state. 

§ 2. He shall, before entering upon the duties of his office, take and 
subscribe the oath or affirmation prescribed by section twenty-five, arti- 
cle five, of the constitution, which shall be filed in the office of the sec- 
retary of state. 

§ 3. Whenever the governor shall deem any bond filed by the audi- 
tor insufficient, he may require additional bond, in any penalty not ex- 
ceeding that specified in section one hereof. 

§ 4. If any person elected to the office of auditor shall fail to give 
bond, or take the oath required of him, within ten days after he is de- 
clared elected, the office shall be deemed vacant ; and if the auditor, be- 
ing required to give additional bond, as provided in section three hereof, 



62 AUDITOR. 

fails to do so within twenty days after notice of such requirement, his 
office may, in the discretion of the governor, be declared vacant, and 
filled as provided by law. 

§ 5. Whenever the condition of any bond of the auditor is broken, it 
shall be the duty of the governor to order the same to be prosecuted. 
Suit may be instituted and i)rosecuted thereon to final judgment agaiust 
the auditor or his sureties, or one or more of them, jointly or severally, 
without first establishing the liability of the auditor, by obtaining judg- 
ment against him alone. 

§ 6. The auditor shall keep an official seal, which shall be used to 
authenticate all writings, papers and documents required by law to be 
certified from his office ; and copies of all records, writings, papers and 
documents, legally in his keeping, when certified by him and authenti- 
cated by his official seal, shall be received in evidence in the same man- 
ner and with like effect as the originals. 

§ 7. It shall be the duty of the auditor at all times to keep the ac- 
counts of the state with any state or territory, and with the United 
States, with all public officers, corporations and individuals, having ac- 
counts with this state ; he shall audit all accounts of public officers who 
are to be paid out of the state treasury ; of the members of the legisla- 
ture, and all persons authorized to receive money out of the treasury, by 
virtue of any appropriation made, or to be made by law, particularly 
authorizing such account. 

§ 8. On ascertaining the amount due any person from the treasury, 
the auditor shall grant his warrant on the treasury for the sum due. 

§ 9. He shall keep a fair record of all warrants by him drawn, num- 
bering the same, in a book to be kej)t for that piu-pose. 

§ 10. • The auditor shall, in all cases, personally sign all warrants for 
money on the treasury of the state, and all other paxoers necessary and 
proper for the auditor to sign. 

§ 11. In all cases where warrants for money are issued by the audi- 
tor upon the state treasurer, the said warrants, before they are delivered 
to the person for whose benefit the same are drawn, shall be presented 
by the auditor to the state treasurer, to be countersigned by the treas- 
urer. 

§ 12. Whenever any person shall be entitled to a warrant on the 
treasurer, on any account whatever, against whom there shall be any 
account or claim in favor of the state, then due and payable, the audi- 
tor of public accounts shall ascertain the amount due and payable to 
the state as aforesaid, and issue a warrant on the treasiu'er, stating the 
amount for which the party is entitled to a warrant, the amount de- 
ducted therefrom, and on what account, and directing the payment of 
the balance ; which warrant so issued shall be entered on the books of 
the treasurer, as for the amount the party "was entitled to, but the bal- 
ance only shall be paid. 

§ 13. JSTo sale, transfer or assignment of any claim or demand against 
the state, or right to a warrant on the treasurer, shall prevent or afi'ect 
the right of the auditor to make the deduction and offset provided in 
the foregoing section. 

§ 34. If any auditor's warrant shall be lost, mislaid or destroyed, so 
that the same cannot be presented for payment by the person entitled 
thereto, it shall be lawful for the auditor, at any time before such war- 
rant shall be paid at the treasury, to issue a duplicate warrant to the 
Xeson having so lost any warrant as aforesaid, on such person filing 



AUDITOR. 63 

witli the auditor an affidavit, in writing, sworn before some justice of 
the peace or judge, stating the loss or destruction of any such warrant, 
and the auditor sliall immediately certify the same to the treasurer, who 
shall thereby be authorized to pay any such duplicate warrant : Provi- 
ded^ if any such warrant shall be, at the time of such loss or destruction 
(which fact shall be ascertained by the oath of the party making such 
application, or otherwise,) negotiable, then, before such certificate shall 
be given by the auditor, such person shall give him a bond in double 
the amount of the warrant, with two or more sufficient sureties, to be 
api3roved by the auditor, payable to the People of the State of Illinois, 
for the refunding of the amount, together with all costs and charges, 
should the state afterwards be compelled to ijay the original warrant. 

§ 15. The auditor shall be deemed the proper officer to institute all 
suits, motions and other proceedings in law and equity, in which the 
state is plaintift", except in cases otherwise provided by law. 

§ 16. Any person who may desire to settle and pay over the amount 
due, after suit has been commenced, and before execution has been is- 
sued, shall pay the same into the state treasury, and the auditor shall 
notify the clerk of the court where judgment was obtained of the fact, 
and such clerk shall indorse the judgment '^satisfied." The sheriff or 
other officer who shall collect any funds due on execution in favor of the 
state, shall pay the same into the state treasury within one month after 
he has received said funds. Any such collection may be forwarded to 
the state treasurer, either by express or draft, as may be directed by the 
auditor. 

§ 17. The auditor shall keep a correct record of all accounts by him 
audited, in books to be kept for that purpose. He shall, also, keep an 
account of all taxes or other moneys which may be due by any person 
to the state ; and, also, an account of all amounts which may be paid 
into the state treasury. 

§ 18. The auditor shall make out and present to the governor, at 
least ten days before each regular session of the general assembly, a re- 
port, showing the amount of wariants drawn on the treasury, stating, 
particularly, on what account they were drawn, and if drawn on the 
contingent fund, to whom, and for what they Avere issued. He shall, 
also, at the same time, report to the governor the amount of money re- 
ceived into the treasury, stating, particularly, the source from which the 
same may be derived j and, also, a general account of all the business 
of his office. 

§ 19. The auditor shall credit the treasurer's account with the amount 
of canceled warrants retiu-ned to him, monthly, by the treasurer, and 
give him a receipt for the same, and shall enter the date of cancellation 
of such canceled warrants in his warrant book. 

§ 20. The auditor shall countersign all receipts for moneys issued by 
the treasurer, and charge the treasurer with the amount thereof. 

§ 21. ^o person shall be employed as clerk in the auditor's office, who 
is, at the same time, employed in any capacity in the treasurer's office. 

§ 22. So much of chapter thirteen of the Eevised Statutes of 1845, 
entitled "Auditor and Treasurer," as refers to the auditor of public ac- 
counts ; and an act entitled "An act to enable the auditor of public ac- 
counts to prosecute claims in favor of the State," approved l^ovember 6, 
1819 ; and an act entitled "An act to regulate the payment of money 
out of the treasury," approved February 17, 1851 j and an act entitled 
"An act to authorize the payment of certain scrip, coupons, certificates 



64 CEMETEKIEg — CHANCERY. 

and other evidence of state indebtedness," approved February 22, 1861; 
and an act entitled "An act providing for the sale of lands received by 
the state in satisfaction of judgments," etc., approved March 25, 1SG9, 
and all other acts and parts of acts in conflict with this act, are hereby 
rei^ealed, except as herein re-enacted : Provided, that this act shall not 
aft'ect any rights existing or actions j)ending at the time it takes effect. 
Approved April 25, 1873. 



CEMETERIES. 



§ 1. Corporate authorities, for good cause, may remove remains; by u-liom 
the expense to he paid. 
In force Julyl, 1873. 

AN ACT to provide for the removal of cemeteries. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That whenever any cemetery shall be 
embraced vvithin the hmits of any town or city, it shall be lawful for the 
corporate authorities thereof, if, in their opinion, any good cause exists 
why such cemetery should be removed, to cause the reraains of all per- 
sons interred therein to be removed to some other suitable place : Provi- 
ded, said corporate authorities shall have first obtained the assent of the 
trustees or other persons having the control or ownership of said ceme- 
tery, or a majority thereof: And, provided, further, that when such cem- 
etery is owned by one or more jirivate parties, or private corporation or 
chartered society, the corijorate authorities of such town or city may 
require the removal of such cemetery to be done at the expense of such 
I)rivate parties, or private cori>oration or chartered society, if such 
removal be based upon their application. 

Approved April 24, 1873. 



CHANCERY. 



§ 1. Report in writing, to court, all moneys.'' 
§ 2. What report shall contain. 
§ 3. Court to mahe final orders or decrees. 
§ 4. Cause for removal. 
In force July 1, 1873. 

AN ACT to further define the duties of masters in ch.ancery and to secnre the prompt discharge of 

sucli duties. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
senied in the General Assembly, That hereafter it shall be the duty of 
each master in chancery in this state, on or before the third day of any 



CITIES AND VILLAGES. 65 



regular term of the coiu^t by which he may have been appointed, to 
report in writing', verified by his affidavit, to such court all moneys 
which may have come to his hands by virtue of his office, from any 
source whatever, and which have not been xiaid out by the order or 
decree of said court. 

§ 2. Such report shall contain a statement in detail showing the title 
of each cause of proceeding in said cornet, in consequence of which such 
money has come to the hands of such master in chancery ; the amount 
derived from each cause or proceeding ; what reason, if any, exists why 
an order or decree may not be made at the term when such report is 
submitted without jeopardizing the rights of parties to such cause or' 
proceeding, for the payment of the whole or a part of such money to 
the party or parties entitled thereto ; and if a part only, how much and 
to whom ; and if at the same or auy term subsequent to the submission 
of such report, an order or decree shall be made as hereinafter provided 
for the payment or other disposition of said money or any part thereof, 
then and in that case the report to be submitted at the term of court 
next succeeding such order or decree shall show in what manner such 
order or decree has been executed, or if the same remains unexecuted 
in whole or in part, the reason therefor. 

§ 3. It shall be the duty of the court upon the submission of such 
report, or so soon thereafter as may be practicable, to make such inter- 
locutory or final orders or decrees in relation to the payment or other 
disposition of the moneys embraced therein, or any iDortion of the same, 
as may appear to be consistent with and not to jeopardize aay rights of 
any party or parties in interest. 

§ 4. The failure of any master in chancery to submit a report as 
herein required, or to comply with any order or decree of the court in 
relation to the whole or any part of the moneys embraced therein, with- 
out a sufficient reason for such failure, to be determined by the court, 
shall be deemed and taken as a good and sufficient cause for his removal 
from office ; and any person aggrieved, his agent or attorney, may sub- 
mit to such court a motion requiring such master in chancery to show 
cause why he should not be so removed ; which motion shall be heard 
and determined by said court, and such action taken thereon as in the 
judgment of said court may be deemed proper. 

Approved April 29, 1873. 



CITIES AND VILLAGES. 



§ 1. To cure defects in organization. 

In force April 18, 1873. _ • 

AN ACT to enable incorporated towns to cure defects in tlieir organization and to become organized 

as villages. 

Section 1. Be it enacted by the People of the State of Illiiiois, repre- 
sented in the General Assembly^ That it shall be lawful for any town which 
has at any time heretofore endeavored to become incori^orated under 

—7 



66 CITIES AND VILLAGES. 

any law of the state heretofore in force, and which now exists as an in- 
corporation de facto ^ and has or may have in oftice a board of trnstees 
elected by the people, to organize and become incorijorated as a Aillage 
under the act entitled "An act to provide for the incori)oration of cities 
and villages," approved April 10, 1872, in like manner as provided in 
section one of article eleven of said act, notwithstanding such former 
organization may have been defective and unauthorized by law and 
such town may have less than three hundred inhabitants; and after 
organizing as such village, no defect in such former organization shall in 
any manner impair the organization of such ^dllage. 

§ 2. Inasmuch as there are various towns in the state, whose pro- 
ceedings to become incorpor ated were defective, and not in comphance 
with law, but which have in good faith elected boards of trustees, and 
become corporations de facto; and whereas the public interest demands 
that the question as to the right of such corporation to continue in ex- 
istence should be speedily settled, 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. 

Appkoved April 18, 1^73. • 



§ 1. Repealing section. 
§ 2. Amending section. 

In force July 1, 1873. 

AN ACT to repeal section twenty-five, and to amend sections twenty seven and twenty-eight of ar- 
ticle nine of an act entitled "An act to provide for the incorporation of cities and villages," approved 
April 10, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois, reprc- 
sented in the General Assembly., That section twenty-live (25) of article 
nine of an act entitled "An act to pro\ide for the incorporation of cities 
and tillages," approved April 10, 1872, be and the same is hereby re- 
pealed. 

§ 2. That section tweuty-seveii (27) of article nine (9) of an act en- 
titled "An act to i^rovide for the incorporation of cities and tillages," 
approved April 10, 1872, be and the same is hereby amended so as to 
read as follows : 

" § 27. It shall also be the duty of such commissioners to give notice 
of such assessment, and of the term of court at which a final hear- 
ing thereon will be had, in the following manner : 

First — They shaU send by mail to each owner of premises assessed, 
whose name and place of residence is known to them, a notice substan- 
tially in the following form : 

Mr Your (here give a short description of the premises) is assessed | for public improve- 
ment. The assessment roll will be returned to the term of the county court of county. 



(Here give date.) 

Commissioners. 

Second — They shaU cause at least ten days' notice to be given, by 
posting notices' in at least four public places in such city or village, tAvo 
of which shall be in the neighborhood of such proposed improvement ; 
and when a daily newspaper is published in such city or -village, by pub- 
lishing the same at least five successive days in such daily newspaper, 



CITIES AND VILLAaES. G7 

or if no daily newspaper is published in such city or village, and a 
weekly newspaper is published therein, then at least once in each week, 
for two successive "^eeks, in such weekly newspaper ; or if no daily or 
weekly newspaper is published in such city or village, then in a news- 
paper pubhshed in the county in which such city or village is situated. 
The notice may be substantially as follows : 

SPECIAL ASSESSMENT NOTICE. 

Notice is hereby given to all persona 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 improvemeut.s 

substantially as in ordinance,) have 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 re- 
turned 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.) 

CoTtntnissioners. 

And that section twenty-eight (28) of article nine of said act be and 
the same is hereby amended, so as to read as follows : 

"On or before the final hearing, the^affidavit of one or more of the com- 
missioners shall be filed in said court stating that they have sent, or 
caused to be sent by mail, to the owners whose premises have been as- 
sessed, and whose name and i)lace of residence are known to them, the 
notice hereinbefore required to be sent by mail to owners of premises 
assessed. 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 manner the same were ijosted. Such 
affida^"its shall be received as prima facie evidence of a compliance with 
this act in regard to giving such notices. They shall also file a certifi- 
cate of publication of said notice in like manner as is required in other 
cases of publication of notices." 

Approved April 25, 1873. 



§ 1. Salaries of city officers — Hoiv provided for, and limitation on. 
In force April 23, 1873. 

AN ACT to enable the corporate authorities of cities to establish and fix salaries of city ofiicers. 

Section 1. Be it enacted hy the People of the State of Illinois^ repre- 
sented in the General Assembly : It shall and may be lawful for the com- 
mon council or legislative authority of any city in this state to establish 
and fix the amount of salary to be paid any and all city officers, as the 
case may be, except members of such legislative body, in the annual ap- 
propriation bill or ordinance made for the purpose of providing for the 
annual expenses of any such city, or by some ordinance prior to the pas- 
sage of such annual appropriation bill or ordinance ; and the salaries or 
compensation thus fixed or established, shall neither be increased nor 
diminished by the said common council or legislative authority of any 
such city, after the passage of said annual appropriation bill or ordi- 
nance, during the year for which such appropriation is made, and no 
extra compensation shall ever be allowed to any such officer or employee 
over and above that provided in manner aforesaid. 



68 OITIES AND VELLAGEg. 



§ 2. Whereas, the corporate authorities of certain cities in this state 
have uo power to estabhsh or fix the salaries of their city officers in cer- 
tain cases, whereby an emergency exists requiring this act to take im- 
mediate effect : therefore, this act shall take effect and be in force from 
and after its passage. 



Approved April 23, 1873. 



§ 1. Appropriations^ how transferred. 
In force July 1, 1873. 

AN ACT authorizing towns and. cities whicli have raised money for a specific purpose, to appropriate 

the same for other purposes. 

Whereas various towns and cities in this state have levied and col- 
lected taxes for specific x>urposes; and whereas, the necessity for ex- 
l>ending said money for said specific purposes has ceased to exist, or an 
insufficient amount has been raised; and ^ whereas, there is no statute 
authorizing the ai^propriation or use of such money for any other pur- 
X>ose than that for which the same was raised f therefore. 

Section 1. Be it enacted hy the People of the State of IlUnols, repre- 
sented in the General Assembly^ That the several towns and cities of this 
state which have raised money by taxation for a specific piirpose, or an 
insufficient amount has been raised, be and they are hereby authorized, 
by vote of the electors thereof, at any regular or special town meeting 
or election to be held therein, after due and legal notice of such town 
meeting or election shall have been given, to. appropriate such money 
to such objects or x)urposes as a majority of the voters, voting at such 
town meeting or election, may determine. 

Approved May 3, 1873. 



COFYIlsfG LAWS AND JOURNALS. 



Advertising — proposals — contract. 

L>uty of contractor ; priiiter to notify secretary of siate when copy 

is wanted. 
Where and hotc worTc to T)e done. 
Accurately and plainly written, 
lie-letting, limitation, exclusion of state officers. 
Rides and manner of account to he audited. 
Contractor to he prosecuted for failure to comply with contract. 
Original journals to he hound in hools. 
What to be copied and. for whom. 
When to advertise. 
In force April 29, 1873. 

AN ACT to provide for copying the lavrs and journals of the general assembly. 

Section 1. Be it enacted hy the People of the State of IllinoiSj repre- 
sented in the General Assembly, That at least four weeks'before the meet- 
ing of the general assembly the commissioners of public printing shall 



§ 


1. 


§ 


2. 


§ 


3. 


s 


4. 


s 


5. 


^ 


6. 


s 


7. 


s 


8. 


s 


9. 


§ 


10. 



COPYINa LAWS AND JOURNALS. 6D 

advertise in a daily newspaper printed in tlie cities of Chicago, Spring- 
field and Cairo, for sealed proposals for copying the laws, joint resolu- 
tions and journals of the then succeeding general assembly; which 
advertisement shall he published for two weeks. Such proposals shall 
be in triphcate and accompanied by a bond in the penal sum of five 
thousand dollars, signed by two sureties ,• which said bond must be sat- 
isfactory to the said commissioners, and approved by the governor and 
tiled in his office until the award shall be made, when the said bond shall 
be deposited in the office of the state treasurer, and placed in the vaults 
thereof for safe keeping. One of the aforesaid bids, made in trij)licate, 
shall be filed with each of the said commissioners, who shall indorse 
upon the envelope the date and hour when filed ; and it shall be the 
duty of said commissioners to ascertain that the bidder has tiled a pro- 
posal with each of the other of said commissioners ; and no proposal 
shall be withdrawn after it shall have been tiled or left with said com- 
missioners. At the time designated in said advertisement for the open- 
ing of proposals, the commissioners of X3ublic printing, or any two of 
them, shall open said i^roposals in the office of the governor, in his 
presence, and with his approval immediately award the contract to the 
lowest responsible bidder : Frovided, that said commissioners and the 
governor may reject any or all tids at their discretion; and no contract 
shall be made for a greater sum than five cents per one hundred words, 
actual count. 

§ 2. That it shall be the duty of the x>erson receiving the contract 
for copying the laws, journals and joint resolutions, to copy such laws, 
journals and joint resolutions as fast as the same shall be required by 
the public i)rinter ; and in case such contractor shall neglect or fail, 
from any cause, to copy the laws, joint resolutions or journals as fast 
as the same shall be required by the public printer, it shall be the duty 
of the public printer at once to notify the secretary of state, in writing,- 
of such neglect or failure ; and the want of copy shall be no excuse for 
the printer not ijerforming his contract, unless he shall give notice, in 
writing, as aforesaid, and then only for the length of time such printer, 
is actually delayed for want of copy. 

§ 3. That the copying of the laws, joint resolutions and journals 
shall be done in the state house, under the personal supervision of the 
secretary of state ; and such copies shall be carefully compared with the 
original in his office before being printed. 

§ 4. That it shall be the duty of the contractor to do such copying 
accurately, and in a plain, legible hand. ' 

§ 5. That if the governor shall refuse to approve the contracts made 
under section one (1) of this act, after advertising as therein mentioned, 
or if the contractor shall fail to comjDly with the pro\dsions of his con- 
tract, or of this act, it shall be the duty of the commissioners of public 
printing, with the approval of the governor, to re-let the contract in 
such manner as said commissioners and the governor shall think will 
be for the best interests of the state : Provided, hotcever, that such copy- 
ing shall, in no case, cost the state more than six cents per one hundred 
words, and that no officer of the state shall derive any profit therefrom. 

§ 6. The contractor shall, from time to time, under rules to be pre- 
scribed by the commissioners of pubhc printing, file with the secretary 
of state his account in detail, stating what copying has been done by 
him, and the number of words; and all accounts so filed shall be care- 
fully examined by the secretary of state and compared with the work 



^0 CONTRACTS. 



done; and if any errors be fonnd in such account, tlie secretary sliall 
immediately correct the same and return it to the contractor who ren- 
dered it; and when the account is finally corrected and adjusted, he 
shall certify the same to the commissioners of public printing, who shall 
carefully examine the same ; and when approved by said commissioners, 
or any two of them, the auditor of the state shall draw a warrant upon 
the treasurer therefor, payable out of any moneys appropriated for that 
purpose. 

§ 7. That if the contractor shall at any time neglect or fail to com- 
ply with his contract, it shall be the duty of the secretary of state, 
under the direction of said commissioners, to notify the attorney-general, 
and of the attorney-general to at once bring suit on the bond of such 
contractor, against him and his sureties, and prosecute the same to 
judgment. 

§ 8. The original journals, which may be prepared by the secretary 
of the senate and the clerk of the house of representatives, shall be 
securely bound in books and filed in the office of the secretary of state. 

§ 9. There shall be copied, for the use of the pubUc printer, one copy 
of all the laws and joint resolutions passed by the general assembly, 
and one copy of the journals of each house thereof; but no reports 
which are required to be made to the governor or to the general assem- 
bly, annually or biennially, shall be included in such journals. 

§ 10. Immediately after the passage of this act it shall be the duty 
of the commissioners of public printing to advertise for i^roposals to do 
the copying of the laws and journals of the twenty-eighth general as- 
sembly, and shall award the contract in the manner and form provided 
in section one of this act, as near as may be. 

§ 11. Whereas the constitution requires that the copying of the laws 
and journals shall be let by contract ; and whereas, there is now no law 
. providing for letting such contract, an emergency exists : therefore, this 
act shall take effect and be in force from and after its passage. 

Approved April 29, 1873. 



CONTRACTS. 



§ 1. Execution of deed dy executor or conservator, etc. 
In force April 24, 1874. 

AX ACT to amend an act entitled 'An act in regard to contracts nndor seal, and relating to sales 
of real estate and the euforcenient thereof." 

Section 1. Be it enacted dy tlie People of tlie State of Illinois, repre- 
sented in the General Assembly, That section two of an act entitled "An 
act in regard to contracts under seal, and relating to sales of renl estate, 
and the enforcement thereof," approved March 19, 1872, and in force 
July 1, 1872, be amended, so as to read as follows : 

"§ 2. When any person, who has heretofore entered, or may hereafter 
enter into any contract, bond or memorandum in writing, to make a 
deed oi^ title to land in this state, for a valuable consideration, and shall 



COUNTIES. 71 



have died, or become lunatic or insane, without having executed and 
delivered said deed, it shall and may be lawful for any court, having 
chancery jurisdiction, in the county where the land, or some part thereof, 
may be situated, to make an order compelling the executors or adminis- 
trators of such deceased person, or conservator of such lunatic or in- 
sane 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. Whereas county courts have not general chancery jurisdiction, 
and doubts exist as to whether the act to which this act is an amendment 
can be enforced, whereby an emergency exists for this act to take effect 
from and after its passage ; therefore this act shall take effect and be in 
force from and after its passage. 

Appboved April 24, 1873. 



COUNTIES. 



§ 1. Commissioners, by a Uvo-thirds vote, issue 'bonds for county purposes. 
§ 2. Increased appropriation by a vote of the people. 
In force July 1, 1873. 

AN ACT to amend sections one (1) and three (3) of an act entitled "An act to enable counties having 
over one hundred thousand iuliabitauts to issue bonds and borrow money for county xiurposes," 
approved Pobruary 23, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section one of an act entitled "An 
act to enable counties having over one hundred thousand inhabitants 
to issue bonds and borrow money for county purposes," approved Feb- 
ruary 23, 1872, be and the same is hereby amended so that the same 
shall read as follows : 'That the board of commissioners of counties con- 
taining 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 i^urpose, and a jail, and other necessary 
Ijublic 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 float- 
ing debt of said county, issue the bonds of said county from time to 
time, as the same may be required, to bear interest not exceeding seven 
per centum -per annum, payable semi-annually : Frovided, that the issu- 
ing of said bonds is hereby limited by the constitutional 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 pre\T[- 
ous to the inciuTing of such indebtedness, the prineij)al and interest of 
said bonds to be made payable at such time or times, Aot exceediug 
twenty years from the date thereof, and at such j)lace or i)laces as such 
board shall designate. And the said board may authorize said bonds 
to be sold fi"om time to time, at not less than their x)ar value, and by a 
two-thirds vote of said board they may be sold at less than par; the 



COUNTIES. 



proceeds thereof to be iiaid into the county treasury, to be used as re- 
quired for the purposes aforesaid : Provided,, no bonds shall be issued or 
sold under the provisions hereof, after six years from the time when this 
act shall take effect." 

§ 2. l?e it further enacted, That section three of an act entitled "An 
act to enable counties having over one hundred thousand inhabitants to 
issue bonds and borrow money for county purposes," approved February 
23, 1872, be and the same is hereby amended so that the same shall read 
as follows, to-wit: ''In case said board of commissioners shall issue and 
sell the bonds of said county, in pursuance thereof, they shall from 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 iiayment of 
the principal and interest of said bonds as the same shall Ijecome due 
and payable — which taxes shall be collected as other county taxes, and 
when collected shall be apijlied to the payment of said principal and 
interest. In case, however, the county board shall be of the opinion 
that the tax of seventy-five cents on the one hundred dollars' valuation 
authorized by the constitution is inadequate for county j^iu-poses, and to 
provide for the payment of the interest of said bonds and to discharge 
the principal within twenty years, or any portion of such bonds that 
may be issued, they shaU have power to provide for such interest and 
principal by assessing a greater tax upon the valuation when authorized 
by a vote of the people of the county. In such case the county board 
shall, prior to the issue of such bonds, adopt a resolution setting forth 
substantially the x^urpose for which said bonds are proposed to be issued, 
together with the fact that an additional rate of taxation is necessary, 
and the probable rate required per annum in excess of seventy- five cents 
on the one huntlred dollars' valuation, for a period of years not exceed- 
ing twenty, and that the question of assessing the additional rate shaU 
be submitted to a vote of the people of the county at the next election 
thereafter to be held for the election of county officers. Such question 
shall be submitted to such vote at the next election for county officers 
held after the adoption of such resolution, and it shall be the duty of 
the county clerk, in his election notice, to give notice of such submis- 
sion. The tickets shall be written or printed, on a separate ticket, "For 
additional tax," or "Against additional tax." And if a majority of the 
votes cast on the subject are "for additional tax," then the said board 
shall be authorized, in addition to the rate of seventy-five cents on the 
one hundred dollars' valuation, to levy a rate each year not exceeding 
that set forth in such resolution on the one hundred dollars' valuation, 
for a period not exceeding twenty years from and after the date of such 
bonds, or the last issue thereof, and the same shall be extended and col- 
lected as other county taxes ; and such tax wlien collected shall be set 
apart as a fund to pay such interest and principal. The judges of 
election shall deposit the ballots in a separate box, to be pro\ided by the 
county board for that purpose, and the same shall be counted and re- 
turns thereof made as in other cases of elections. The returns shall be 
canvassed in the same manner and by the same persons prescribed by 
law in case of county oflicers. 

Approved April 1, 1873. 



COUNTIES. 73 



§ 1. Bounties funded by county bonds. 
§ 2. Refunding taxes paid. 

§ 3. Payment of the interest and of the principal. 
§ 4. Bond receivable inpayment of county taxes. 
§ 5. Bond to show authority. 
In force July 1, 1873. 

AN ACT to enable any county whicti has heretofore, in pursuance of law, contracted an indebtedness 
by issuing and delivering bounty orders to persons who enlisted and were mustered into the 
militar,\ service of the United States, which remains unpaid, to fund the same, by issuing to the 
lawful "holders thereof bonds, payable in such time, not exceeding twenty years, as may be 
deemed expedient, and bearing a rate of interest not less than six nor more than ten per centum 
per annum. 

Section 1. Be it enacted by the People of the State of Illinois^ repre- 
sented in the General Assembly^ That any county which has heretofore, in 
pursuance of law, contracted an indebtedness, by issuing and delivering 
bounty orders to persons who enlisted and were mustered into the mili- 
tary service of the United States, which remains unpaid, may, by its 
corporate authority, fund the same, by issuing to the lawful holders of 
such indebtedness, whether now in the form of judgments or bounty 
orders, the bonds of such county for and in lieu thereof, payable in such. 
time, not exceeding twenty years, as may be deemed expedient by the 
corporate authority of auch county, and bearing a rate of interest not 
less than six nor more than ten per centum per annum, payable annually 
on coupons attached to such bonds. 

§ 2. When a tax has been heretofore levied by any such county for 
the purpose of paying any such indebtedness, and the same has been 
only collected in part, and the collection of the residue has been ren- 
dered impossible by lapse of time, negligence of officers, writ or writs of 
injunction, or from any other cause, such county shall, by its corporate 
authority, issue its bonds to the respective taxpayers, who have made 
payment on such levy for the amounts respectively paid; which bonds 
shall be payable and draw interest as provided in section one of this act. 

§ 3. The corporate authority of any such county shall annually levy 
and cause to be collected from the taxable property of such county a 
sum sufficient to pay the interest accruing on such bonds, and such sum 
in addition thereto as such corporate authority may deem expedient for 
tbe ijayment of the principal of sucli bonds. 

§ 4. Said bonds and coupons shall be receivable at their par value in 
discharge of all taxes that may hereafter be levied by the corporate au- 
thority of any such county for their x>ayment. 

§ 5. All bonds so issued by the corjjorate authority of any such 
county, shall show on their face that they are issued under the authority 
of this aat. 

Approved April 24, 1873. 






74 , COUNTIES. 



§ 1. Treasurer ex-officio assessor. 
§ 2. General repeal. 

In force July 1, 1873. 

AN ACT to consolidate the offices of county treasurer and county assessor in counties not under 

township organization. 

Section 1. Be it enacted hy the People of the State of I llinois, repre- 
sented in the General Assembly., In counties not under township organiza- 
tion there shall be elected on Tuesday next after the first Monday of 
November, in the year of our Lord eighteen hundred and seventy-three, 
and every two years thereafter, a county treasurer, who shall be ex- 
officio the county assessor, and who shall receive all fees as treasurer 
and assessor as is provided by law, and who shall hold his office for 
two years, and until his successor is elected and qualified. 

§ 2. AU laws and parts of laws in conflict with this act are hereby 
repealed. 

Approved May 2, 1873. 



§ 1. Sow boundaries to be changed. 

§ 2. Notices of election. 

§ 3. Manner and effect of election. 

§ 4. Limitation as to extent. 

§ 5. Proportionate indebtedness not released. 

§ 6. Howfav new territory liable for county indebtedness. 

§ 7. When supervisors or commissioners may order elections. 
In force July 1^ 1873 

AN ACT to provide for transferring territory from one county to another. 

Section 1. Be it enacted, by the People of the State of 1 llinois, repre- 
sented in the General Assembly, That when a majority of the legal voters 
residing upon any territory, not less than half of one congressional 
township, shall petition the board of supervisors or the board of county 
commissioners, of their own county, and the county to which they de- 
sire such territory to be transferred, for leave to have such territory 
transferred to such county, it shall be the duty of said board of super- 
visors or board of county commissioners to order an election for such 
purpose, in such counties, to be held within three months from the time 
of receiving such petition ; which election shaU be governed by the laws 
of the state of Illinois relating to general elections, and returns of said 
election shall be made to the secretary of state, as for county officers. 

§ 2. Notices of such election shall contain a description of the terri- 
tory i)roposed to be transferred, the name of the counties from and to 
which such territory is proposed to be transferred, and shall be posted 
as required for general elections. 

§ 3. The ballots used at said election may be in the following form, 
to- wit : " For transferring territory," and "Against transferring terri- 
tory," when, if a majority of the voters voting upon said question, in 
the county from which said territory is proposed to be taken, and a ma- 



COUNTIES. 75 



jority of the voters of the county to which the same is proposed to be 
transferred shall be '' For transferring territory," then the said territory 
shall be transferred to and become a part of the county to which it is 
proposed to transfer the same, on and after the lirst day of March suc- 
ceeding such elections, and shall be subject to all the laws, rales and 
regulations thereof: Provided, that all assessments and collections of 
taxes, and judicial or other official proceedings commenced prior to said 
first clay of March, shall be continued, prosecuted and completed, in the 
same manner as if no such transfer|had been made: And, provided, fur- 
ther, tliat all township or precinct officers within said transferred terri- 
tory, shall continue to hold their respective offices within the county to 
which they may be transferred, until their respective terms of office 
expire. 

§ 4. ]^o county shall be reduced, under the pro^isions of this act, to 
less contents than four hundred square miles 5 nor shall any county line 
be made to pass within less than ten miles of the county seat of the 
county from which territory is so transferred. 

§ 5. No territory transferred, under the provisions of this act, shall 
be released from the i^ayment of its proportion of the debts of the 
county from which such territory is transferred 5 and such proportion- 
ate indebtedness from such transferred territory shall be collected by 
the county to which such territory is transferred, at an equal or greater 
rate than is levied and collected in the county from which such territory 
was transferred — such rate to be ascertained by the certificate of the 
county clerk of said county, and when so collected to be paid over to 
the county entitled thereto. 

§ 6. When the county to which such territory is transferred shall 
also be indebted, the board of supervisors or board of county commis- 
sioners of such county shall release such transferred territory from the 
payment of such indebtedness, to an amount equal to that which said 
territory is required to pay to the county from which it Avas transferred. 

§ 7. When a majority of the legal voters of any territory, less than 
half of one congressional township, shall petition the boards of super- 
visors or boards of county commissioners, as provided in section one of 
this act, the said supervisors or county commissioners may, in their dis- 
cretion, order elections to be held as herein provided ; and in any case 
where elections have been held under this act, and the result has been 
adverse to the petitioners, it shall be in the discretion of the said super- 
visors or county commissioners to order another election, on a petition 
to transfer the same territory, within three years from the time of hold- 
ing such former election. 

§ 8. That so mucli of chapter eighty -two of the Eevised Statutes of 
1845, entitled " Petitions," as relates to the division of counties, or peti- 
tions for such division, approved March 3, 1845, and all other acts in 
conflict with the provisions of this act, are hereby repealed. 

Appkoybd May 1, 1873. 



76 CEDHrNAL JURISPRUDENCE. 



In force September 16, 1873. 

AN ACT to repeal an act entitled 'An act to provide for the appointment of a clerk of the board of 
* supervisors in Winnebago county," approved February 9, 1855. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That au act entitled "An act to provide 
for the appointment of a clerk of the board of supervisors in Winne- 
bago county," approved February 9, 1855, be and the same is hereby 
repealed. 

§ 2. This act shall not take effect until the 16th day of September, 
1873 ; and upon its taking effect, all general laws in relation to the 
powers and duties of county clerks shall have like force and effect in 
said Winnebago (bounty, as in other counties in this state. 

Approved May 1, 1873. 



CRIMINAL JURISFRUDENCK 



§1. Intimidation; combination; entering coal banlts after being prohib- 
ited ; entering coal banlcs to commit injury or intimidate icorhmen. 
In force July 1, 1873. 

AN ACT to amend an act entitled "An act to amend chapter thirty of the Revised Statutes, entitled 
'CriminalJurisprudence,' " approved February 13, 1863. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That au act entitled "An act to amend 
chapter thirty of the Revised Statutes, entitled 'Criminal Juiispru- 
dence,'" approved February 13, 1863, be and the same is hereby 
amended, so as to read as follows : 

" § 1. If any person shall, by threat, intimidation or unlawful inter- 
ference, seek to prevent any other person from working, or from obtain- 
ing work, at any lawful business on any terms that he or she may see 
fit, such i)erson so offending shall be deemed guilty of a misdemeanor, 
and on conviction thereof shall be fined in any sum not exceeding one 
hundred dollars. 

" § 2. If any two or inore persons shall combine for the purjiose of 
depriving the owner or possessor of property of its lawful use and man- 
agement, or of preventing by threats, suggestions of danger or any 
unlawful means, any person or persons from being employed by, or 
obtaining employment from any such owner or possessor of property, on 
such terms as tbe parties concerned may agree upon, such persons so 
offending shall be deemed guilty of a misdemeanor, and on conviction 
thereof shall be fined in any sum not exceeding five hundred dollars, or 
imprisonment in the county jail not exceeding six months. 

" § 3. If any person shall enter the coal-banks of another without 
the expressed or implied consent of the owner or manager thereof, after 
notice that such entry is prohibited, such person shall, on conviction 
thereof, be fined in any sum not exceeding five hundred dollars, or im- 
prisonment in the county jail not more than six months. 



COURTS — CIRCUIT. 77 



"§ 4. If any person shall enter the coal-banks of another with intent 
to commit injury thereto, or by threats, intimidations, or other unlawful 
proceedings, to cause any person employed therein to leave his employ- 
ment, such person shall be deemed guilty of a misdemeanor, and on 
conviction thereof be fined in any sum not exceeding five hundred dol- 
lars, or imprisoned in the county jail not exceeding six months, or both." 

Approved March 19, 1873. 



CO UBT 8— CIRCUIT. 



§ 1. Against fire or life insurance companies. 
In force July 1, 1873. 

AN ACT concerning tlie jurisdiction of circuit courts, in cases instituted against life and fire instt- 

rance companies. 

\ 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That the circuit court of the county 
wherein the plaintiff or complainant may reside, shall have jurisdiction 
of all actions hereafter to be commenced by any individual against any 
fire or lite insurance company, either incorporated by any law of this 
state or doing business in this state. And all process issued in any 
cause commenced in the county wherein the plaintiff may reside, wherein 
an individual may be plaintiff or complainant, and any such company 
defendant, may be directed to any county of this state for service and 
return. 

Approved AprU 3, 1873, 



§ 1. Fix time of holding court in the several counties, except CooTc. 

§ 2. Grand, or petit jury summoned at the discretion of the court. 

§ 3. All processes to he returnable to the term of court, in each county, 

held under this act. 
§ 4. What laws repealed. 

In force June 15, 1873. ^ 

AN. ACT concerning circuit courts, and to fix the times for holding the same in the several counties 
in the judicial circuits in the state of Illinois, exclusive of the county of Cook. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That hereafter the times of holding the 
circuit courts in the several counties composing the various judicial cir- 
cuits in the state of Illinois, exclusive of the county of Cook, as said 
circuits have been defined by a law of the general assembly, approved 
March 28, A. D. 1873, be as follows : 

First Circuit. — In the county of Jo Daviess, on the second Mondays 
of November and February, and the fourth Monday in May ; in the 
county of Stephenson, on the first Mondays of September and December, 
and the third Monday of March j and in the county of Winnebago, on 



78 ' COURTS — CIRCUIT. 



the first Monday in October, second Monday in January, and the fourth 
Monday of April. 

Second Circuit — In the county of Boone, on the second Mondays of 
September and February ; in the county of De Kalb, on the second Mon- 
day of June and foiulh Mondays of October and February ; in the 
county of McHenry, on the fourth Monday of September and second 
Mondays of January and May 5 in the county of Lake, on the second 
Monday of March and third Monday of November. 

Third Circuit. — In the county of Whiteside, on the fourth Monday of 
August and first Monday of December, second Monday of March and 
second Monday of June ; in the county of Carroll, on the third Monday 
of September, first Monday of January, and second Monday of April ; 
in the county of Ogle, on the first Monday of October, third Monday of 
January and fourth Monday of Aj^ril ; in the county of Lee, on the 
fourth Monday of October, second Monday of Februarj^, and third Mon- 
day of May. 

Fourth Circuit. — In the county of Kane, on the first Monday of Feb- 
ruary, first Monday of May and first Monday in October; in the county 
of Du Page, on the third Monday of March and third Monday of Sep- 
tember ; in the county of Kendall, on the fourth of Monday of May and 
second Monday in January. 

Fifth Circuit. — In the county of Eock Island, on the first Mondays of 
January, May and September ; in the county of Henry, on the second 
Mondays of February, June and October ; in the county of Mercer, on 
the third Monday of March, fourth Monday of ISTovember and second 
Monday of August. 

Sixth Circuit. — In the county of La Salle, on the third Monday of 
January, first Monday of June and second Monday of October ; in the 
county of Bureau, on the third Monday of March, and fourth Monday 
of August and first Monday of December. 

Seventh Circuit. — In the county of Grundy, on the third Monday of 
November and second Monday of March ; in the county of Will, on the 
first Monday of January, second Monday of May and first Monday of 
October. 

Eighth Circuit. — In the county of Knox, on the first IMondays of Feb- 
ruary and June, and the third Monday of October; in the county of 
Warren, on the first Mondays of January and May, and third Monday 
of September ; in the county of Henderson, on the second Moudaj^ of 
March and fourth Monday of August. 

Ninth Circuit. — In the county of Peoria, on the first Mondays in Feb- 
ruary, May, October and December; in the county of Stark, on the 
second Mondays of March and September. 

Tenth Circuit. — In the county of Adams, on the third IVIonday of Feb- 
ruary and fourth Monday of March, and on the third Monday of May, 
and on the third Monday of June, and third Monday of September, and 
on the fourth Monday of October and second Monday of December ; in 
the county of Hancock, on the first Mondays of March, June and Oc- 
tober. 

Eleventh Circuit. — In the county of Fulton, on the third Tuesday of 
April, fourth Tuesday of August, and second Tuesday of December ; iu 
the county of Schuyler, on the first Tuesday of May and fourth Tuesday 
of October; in the county of McDonough, on the third Tuesday of 
March and fourth Tuesday of September; in the county of BroAvn, on 
the first Tuesday of March and second Tuesday of September ; in the 



COUETS — CEEiCUIT. 79 



county of Pike, on the first Tuesday of April and second Tuesday of 
October, 

Twelfth Circuit. — In the county of Tazewell, on the first Mondays of 
May and February, and second Mondays of September and November ; 
in the county of Marshall, on the first Mondays in January, June and 
October ; in the county of Putnam, on the first Monday of March and 
fourth Monday of October ; in the county of Woodford, on the first 
Mondays of April, August and December. 

Thirteenth Circuit. — In the county of Livingston, on the first Tuesdays 
of January and May and second Tuesday of October; in the county of 
Iroquois, on the first Tuesdays of March and aSTovember, and third Tues- 
day of June ; in the county of Kankakee, on the first Tuesdays of April 
and December, and third Tuesday of September. 

Fourteenth Circuit. — In the county of McLean, on the second Monday 
of September, first Monday of ]Srovem])er, first Monday of February, 
and fourth Monday of May ; in the county of Ford, on the third Tuesday 
of August, and first Tuesdays of April and December. 

Fifteenth Circuit. — In the county of Coles, on the second Tuesday in 
January and first Tuesday in October ; in the county of Edgar, on the 
third Tuesday in February and second Tuesday in November ; in the 
county of Vermilion, on the second Tuesday in March and third Tues- 
day in August; in the county of Douglas, on the third Tuesday in 
April and fourth Tuesday in September ; in the county of Clark, on the 
second Tuesday after the third Tuesday in April, and the first Tuesday 
in December. 

Sixteenth Circuit. — In the county of Piatt, on the first Monday of Sep- 
tember and first Monday in February ; in the county of Champaign, on 
the thu-d Monday of September and first Monday in March; in the 
county of Moultrie, on the third Monday in November and third Monday 
of April ; in the county of Macon, on the first Mondays of December and 
the second Monday of May, and first Monday in August. 

Seventeenth Circuit. — In the county of DeWitt, on the third ^Monday 
of March and fourth Monday of August and first Monday of December ; 
in the county of Logan, on the third Mondays of January, May and 
September ; in the county of Menard, on the first Monday of March, 
and third Monday of July and October; in the county of Mason, on the 
second Monday of February and first Mondays of August and No- 
vember. 

Fighteenth Circuit. — In the county of Cass,* on the second Monday of 
February, and third Monday of August ; in the county of Greene, on 
the fourth Monday of February, and first Monday of September ; in the 
county of Jersey, on third Monday of March, and fourth Monday of Sep- 
tember ; in the county of Calhoun, on the second Mondays of April and 
October ; in the county of Scott, on the fourth Mondays of April and Oc- 
tober; in the county of Morgan, on the second Mondays of May and 
November. Summer Term. — In the county of Morgan, on the first Mon- 
day of August. This August term shall l3e devoted exclusively to the 
impanneling of a grand jury, the trial of criminal cases, and the trans- 
action of any business in civil and chancery cases not requiring a jury 
trial, or when a jury may be waived. 

Nineteenth Circuit. — In the county of Sangamon, on the third Monday 
of February, fir^^t Monday of May, and first Monday of October; in the 
county of Macoupin, on the third Monday of March, fourth Monday of 
August, and first Monday of December. 



80 COURTS — CIECUIT. 



Ticentieth Circuit. — In the county of Christian, on the first Tuesday of 
February, and third Tuesday of August ; in the county of Montgomery, 
on the seventh Tuesday after the first Tuesday of February, and on the 
twelfth Tuesday after the third Tuesday of August ; in the county of Fay- 
ette, on the third Tuesday after the first Tuesday in February, and the 
fourth Tuesday after the third Tuesday in August ; in the county of Shel- 
by, on the fourth Tuesday of May, and on the eighth Tuesday after the 
third Tuesday of August. 

Twenty-first Circuit. — In the county of Lawrence, on the first Mondays 
of February and August ; in the county of Cumberland, on the third 
Mondays of February and August ; in the county of Crawford, on the 
first Mondays of March and September ; in the county of Effingham, on 
the third Mondays of March and September ; in the county of Kichland, 
on the secoud Mondays of April and November ; in the county of Clay, 
on the fourth Monday of April, and third Monday of October ; in the 
county of Jasper, on the third Monday of May, and first Monday of De- 
cember. 

Tioenty -second Circuit. — In the county of St. Clair, on the first Monday 
of January, third Monday of April and third Monday of September ; in 
the county of Madison, on the third Monday of March and third ]\j^)nday 
of October; in the county of Bond, on the first Monday of March, and 
first Monday of September. 

Twenty-third Circuit. — In the county of Marion, on the third Monday 
of February and third Monday of August; in the county of Monroe, on 
the first Mondaj s of March and September ; in the county of Eandolph, 
on the second Mondays thereafter; in the county of Washington, on the 
third Mondays thereafter ; in the county of Perry, on the third Mondays 
thereafter; in the county of Clintou, on the second Mondays thereafter. 

Twenty -four til Circuit. — In the county of Jefferson, on the secoud Mon- 
day of February, and first Monday in September ; in the county of Ham- 
ilton, on the third Monday after the first Monday of February, and 
second Monday after the first Monday of September ; in the county of 
Wayne, tn the second Mo ;idays thereafter; in the county of Ed wcrds, 
on the third Monday thereafter for the spring term, and the second. 
Monday thereafter for the fall term ; in the county of Wabash, on the 
first Mondays thereafter ; in the county of White, on the second Mon- 
day thereafter for the spring term, and second Monday thereafter for 
the fall term ; in the county of Gallatin, on the fourth Mondays of May 
and November. 

Twenty-fifth Circuit. — In the county of Union, on the second Monday 
of March, and first Monday of September; in the county of Jackson, on 
the fourth Monday of March, and third Mondays of June and Septem- 
ber; in the county of Williamson, on the second Mondays of April and 
October ; in the county of Franklin, on the fourth Mondays of April 
and October ; in the county of Saline, on the secoud Mondays of May 
and November. 

Twenty-sixth Circuit. — In the county of Alexander, on the first INIon- 
day of January, third Monday of May, and first Monday of September ; 
in the county of Pulaski, on the third Monday of February, aiul first 
Monday of October ; in the county of Pope, on the third Monday of 
March, and first Monday of November ; in the county of Massac, on the 
third Monday of April, and third Monday of November ; in the county 
of Hardin, on the first Monday of April, and fourth Monday of October; 
in the county of Johnson, on the first Mondays of May and December. 



COUKTS — CIRCUIT. 81 



§ 2. When, in the opinion of the judge of any of the foregoing circuits, 
it shall not be necessary, for the speedy administration of justice, to 
summon a grand and petit jury, or either of them, he may, by an order 
to be made either in term time or vacation, and to be entered of record in 
the office of the clerk of the circuit court of the county affected thereby, dis- 
pense with either or both of such juries, for any term or part of term of 
such circuit court, and may designate what term or terms or part or 
parts thereof shall be devoted to criminal or chancery business, which 
order shall stand until rescinded by the couit in term time, or by the 
judge thereof in vacation. 

§ 3. All summons, subpoenas, writs, bonds, recognizances, venires, 
papers and processes of any kind whatever, made and served for or re- 
turnable to the several terms of court, at such times as said terms are 
required to be held by law, in force immediately prior to the time this 
^ct shall take effect, shall be deemed and taken, and shall have the 
same force and effect as if the same had been made and served for, or 
returnable to the first terms of court to be held in each county, as fixed 
by this act ; and no action, suit, case or proceeding now pending in any 
of the circuit courts, shall be abated by force of the provisions of this 
act. 

§ 4. All laws and i3arts of laws in conflict with this act are hereby 
repealed. 

Whereas an election takes place for circuit judges on the second day 
of next June, for the judicial circuits fixed in the act dividing the state, 
exclusive of the county of Cook, into twenty six judicial circuits ; and 
whereas the old judges hold courts in the old circuits until their succes- 
sors are elected and qualified ; and whereas several circuit courts in the 
state are held in the month of June ; therefore an emergency has arisen re- 
quiring this act to take effect during said month of June; therefore this 
act shall take effect and be in force from and after the 15th day of June, 
A. D. 1873. 

Appkoved May 2, 1873. 



§ 1. Judges to Jiold branch courts in other judicial districts. 
§ 2. Fay of judge for services rendered out of his circuit. 
In force May 3, 1873. 

AN ACT authorizing circuit judges to hold brancli or branches of courts in other than their judicial 

districts. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented' in the General Assembly, That whenever any judge or judges of 
any circuit court, or of the superior court of Cook county, shall request 
any judge or judges of any other court of record to come to the assist- 
ance of such judge or judges making such request, in the trial of causes, 
and in other matters pending in court, it shall be lawful for such judge 
or judges, so requested, to hold a branch or branches of the court to 
which he or they are so requested to come, with the same force and 
effect as if he was, or they were, the judge or judges of such court. 



82 COURTS — CIRCUIT. 



§ 1 J. For every day's time emi:)loyed by any judge out of his circuit, 
under the preceding section, the county board of the county in which 
such judge shall so hold court, may, out of the county treasury, order 
a sum, in the discretion of the county board, not exceeding ten dollars 
per day, to be paid : Provided, that this section shall not apply to any 
judge during the term for which said judge is elected. 

§ 2. Whereas there is an emergency, on account of the large amount 
and great press of business in the circuit and superior courts of Cook 
county, why this act should take effect immediately ; therefore this act 
shall take effect and be in force from and after its passage. 

Approved May 3, 1873. 



§ 1. Present judges to hold courts as heretofore until expiration of terms. 
In force March 28, 1873. 

AN ACT to authorize tlie present judges of the circuit courts to hold terms of court in the counties, 
and set the times as required by law, in force on the 18th day of March, A. D. 1873, until the expi- 
ration of their terms of office. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That the present judges of the circuit 
courts be and they are hereby authorized, until the exijiration of the 
present terms of office of said judges,' to hold terms of court in the 
several counties which constituted their respective circuits, on the ? 8th 
day of March, A. D. 1873, at such times as said terms were required to 
be held by law, in force on the day aforesaid. 

§ 2. Whereas by reason of the passage of an act changing the cir- 
cuits and reducing their number, and in order that the administering of 
justice may be freed from embarrassments occasioned thereby, an emer- 
gency exists ; therefore this act shall take effect and be in force from 
and after its passage. 

Approved March 28, 1873. 



§ 1. Repealing act of February 20, 1869. 

I 2. Causes transferred to circuit courts. 

§ 3, BooTcs, papers, etc., retained iyi circuit cleric's office. 

§ 4. Certified ivrits, records, etc., to he evidence. 

§ 5. Remanded causes to he returned to circuit court. 

§ 6. Cleric to certify records as now required hy laiv. 

§ 7. JSfo salary aUoived o-fficers after this act takes effect. 
In force April 29, 1873. 

AN ACT to repeal an act entitled "An act to establish a common pleas court in the city of Mattoon," 

in force February 20, 1869. 

Whereas, "the common pleas court in the city of Mattoon," in Coles 
county, established by an act of the general assembly, entitled ''An 
act to establish a common jileas court in the city of Mattoon," in force 
February 20, 1869, is unnecessary, and a source of great expense to the 



COURTS — CIRCUIT. 83 



people of said city of Mattoon, wherefore it is deemed that an emer- 
gency exists which requires this act to be in force before the first day of 
July next; 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That the act establishing the common 
pleas court of the city of Mattoon, in Coles county, in force February 
20, 18G9, be and the same is hereby repealed. 

§ 2. All causes now pending in said court shall be transferred to the 
circuit court of Coles 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. 

§ 3. All books, papers, records and reports of every kind and descrip- 
tion whatsoever, belonging to the said court of common pleas, whether 
in the hands 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 aforesaitl shall be taken charge of by the 
clerk of the circuit court of said county and retained in the said office 
of said circuit clerk ; and after such records, books, reports and papers 
have been transferred 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 jjleas before the 
passage of this act. 

§ 4. All copies of any such records, writs, judgments, 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 hav- 
ing been had in said common pleas court, when properly certified by the 
clerk of the said circuit court, may be read and used in evidence in any 
court of record in this state. 

§ 5. All appeals, writs of error, and all proceedings of any kind 
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. 

§ 6. Writs of error and appeals may be taken from the 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 
coiirt 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. 

§ 7. 1^0 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. 

§ S. This act shall take effect and be in force from and after its pas- 
sage. 

Approved April 29, 1873. 



84 CITY COURT OF ALTON. 



CITY COURT OF ALTON. 



§ 1. Act of February 9, 1859, repealed. 

§ 2. All causes transferred to circuit court. 

§ 3. Clerk to transfer all boolcs, papers, etc., to circuit court. 

§ 4. Record, tvrits, etc., to be evidence when certified to by cleric of circuit 
court. 

§ 5. Appeals and writs of error talcen to supreme court; to be returned to 
circuit court. 

§ 6. Clerk to certify records as now required by law. 

§ 7. Wo salary allowed officers afler this act taJces effect. 

§ 8. Submitted to a vote of the people in the city of Alton at general char- 
ter election. 

§ 9. Flection returns. 

In force July 1, 1873. 

AN ACT to repeal an act entitled "An act to establish a city court in the city of Alton," approved 

February 9, 1859. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That an act entitled "An act to establish, 
a city conrt in the city of Alton, approved February 9, 1859, be and the 
same is hereby repealed. 

§ 2. All causes now pending in said Alton city court shall be trans- 
ferred to the circuit court of Madison 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 Alton city court. 

§ 3. It shall be the duty of the clerk of said Alton city court, within 
thirty days after this act shall take effect, to transfer all books, i^apers, 
records and reports of every kind and description whatsoever, belong- 
ing to the said Alton city court, whether in the hands of the judge, 
clerk, sheriff, deputy sheriff, commissioner or master in chancery of said 
Alton city court, to the said circuit court, and shall have the same force 
and effect that they now have by law, and the records and papers afore- 
said shall be taken charge of by the clerk of the circuit court of said 
county, and retained in said office of said circuit clerk. And after such 
records, books, reports and papers have been transferred to said circuit 
court, fee bills and executions may issue from such circuit court on judg- 
ments rendered in said Alton city court; which said fee bills and exe- 
cutions shall have the same effect and force as if issued from said Alton 
city court before the passage of this act. 

§ 4. All copies of any such records, writs, judgments, executions, 
decrees and orders of said Alton city court, and any return upon any 
such writ by an officer of said court, or other proceeding having been 
had in said Alton city court, when properly certified by the clerk of the 
said circuit court, may be read and used in evidence in any court of 
record in this state. 

§ 5. All appeals, writs of error, and all proceedings of any kind 
whatsoever, heretofore taken from or out of said Alton city court to the 
supreme court of this state, shall, if remanded or returned from any 
cause, be remanded or returned to said circuit court, and have the same 
force and effect in law as if originally began in said circuit court. 



recorder's court — LA SALLE AND PERU. 85 

§ 6. Writs of error and appeals may be taken from the judgments 
and decrees of said Alton city court, to the supreme court of this state, 
as is now provided by law, and the clerk of said circuit court shall make 
up the records and certify to them in the same manner as now required 
of the clerk of said Alton city court. 

§ 7. ]N^o officer of said Alton city court shall draw any salary, or re- 
ceive any pay or emoluments whatever, for services performed after this 
act takes eifect. 

§ 8. It shall be the duty of the common council of the city of Alton, 
at the succeeding- general charter election after this act shall take effect, 
to cause to be submitted to the voters of said city of Alton, the ques- 
tion as to whether said Alton city court shall be abolished or not. The 
voting contemplated by this section shall be by ballot, to be written or 
printed, or party written and partly printed: "For abolishing the Alton 
city court;" or, "Against abolishing the Alton city court;" to be can- 
vassed and returned in like manner as votes for city officers. 

§ 9. If it shall appear, by the returns of said election, that a major- 
ity of the legal voters of said city of Alton voting at said city election 
are for abolishing said Alton city court, then the said act establishing 
said Alton city court shall be and the same is hereby repealed ; but if a 
majority of the legal voters of said city shall be against abolishing said 
court, then, and in such case, this act shall take effect. 

Approved April 29, 1873. 



REGOBBEWS COURT— LaSALLE AND PERU. 



§ 1. Certain acts repealed. 

§ 2. All causes transferred to circuit court. 

§ 3. Clerk to transfer all hoolis, paper s^ etc., to circuit court. 

§ 4. Records, writs ^ etc., to be evidence when certified to by clerJc of the 
circuit court. 

§ 5. Appeals and tvrits of error talcen to the supreme court to be return- 
ed to circuit court. 

§ 6. Clerks to certify records as now required by law. 

I 7. No salary alloived officers after this act takes effect. 
In force March 14, 1873. 

AN ACT to repeal so mucli of an act entitled ' An act to estalilish recorders' courts in the cities of 
LaSalle and Peru." approved February 19, A. B. 1859, as provides for the establishment of such 
court in the city of Peru, and the act amendatory thereof, approved Pebruary 18, A. D. 1861, so 
far as it applies to the recorder's court of the city of Peru, and for the disposal of cases pending in 
said court, and of the books, records and reports thereto belonging. 

Whereas the recorder's court of the city of Peru, in the county of 
LaSalle, established by an act of the general assembly, entitled "An 
act to establish recorders' courts in the cities of LaSalle and Peru," ap- 
proved February 19, A. 1). 1859, is unnecessary and a source of great 
expense to the people of said city of Peru, wherefore it is deemed that 
an emergency exists which requires this act to go into effect and be in 
force before the first day of July next : 



86 EECOEDER'S COURT — LA SAI.LE AND PERU. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That so much of au act entitled ''An act 
to estabUsh recorders' courts in the cities of LaSalle aud Peru," ap- 
proved February 19, A. D. 1859, as pro\4des for the establishment of 
said court in the city of Peru, and so much of the act amendatory there- 
of, approved February IS, A. 1). 1861, as applies to the recorder's court 
in the city of Peru, be and the same are hereby repealed. 

§ 2. All causes now pending in said recorder's court of the city of 
Peru shall be transferred to the circuit court of LaSalle county, state of 
Illinois, and be tried and disposed of in the same manner in said ciixuit 
court that they might have been in said recorder's court. 

§ 3. All books, papers, records and reports, of every kind and de- 
scription whatsoever, whether in the hands of the judge, clerk, marshal, 
sheriff, deputy or commissioner of said recorder's court, and belonging 
to said court, shall be transferred to the said circuit couit, and shall 
have the same force and effect that they now have by law 5 and the 
records, books, papers and reports aforesaid shall be taken charge of by 
the clerk of the circuit court of said county, and retained in the ofdce of 
the said circuit clerk. And after such records, books, reports aud pa- 
pers have been transferred to said circuit court, fee bills aud executions 
may issue from such circuit court, on judgments rendered in said re- 
corder's court, which said fee bills and executions shall have the same 
force and effect as if issued from said recorder's court before the passage 
of this act. 

§ 4. All copies of any such records, writs, judgments, executions, 
decrees and orders of said recorder's court, and any retium upon any 
such writ hj an officer of said court, or other proceedings having been 
had in said recorder's court, when properly certified by the clerk of the 
said circuit court, may be read and used in evidence in any court of re- 
cord in this state. 

§ 5. All appeals, writs of error, aud all proceedings of any kind what- 
soever heretofore taken from or out of said recorder's coiut to the su- 
preme court of this state shall, if remanded, or returned for auy cause, 
be remanded or returned to the circuit court of said county, and hare 
the same force and effect in law as if originally began in said circuit 
court. 

§ 6. Writs of error and appeals may be taken from the judgments 
and decrees of the said recorder's court to the supreme court of this 
state, as is now provided by law, aud the clerk of the said chcuit court 
shall make up the records and certify to them in the same manner as 
now required of the clerk of the said recorder's court. 

§ 7. jSTo officer of said recorder's court of the city of Peru shall draw 
any salary, or receive an}" pay or emoluments whatever for services per- 
formed after this act takes effect. 

§ 8. This act shall take effect and be in force fi'om and after its 
passage. 

Approyed March 14, 1873. 



COURTS — COUNTY. 87 



GO UBTS—GO UNTY. 



§ 1. Time of holding courts. 
§ 2. Repealing former acts. 
In force May 2, 1873. 

AN ACT to fix the terms of county couits. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the terms of the county courts of 
this state shall be held on the third Mondays of each and every month: 
Provided, nothing in this act contained shall i)revent the sessions of 
such courts from being held for the transaction of county business on 
the first Mondays of December, March, June and September, in every 
year, as heretofore. 

§ 2. That all acts and parts of acts in conflict with this act are here- 
by repealed. 

§ 3. Whereas, by reason of doubt whether there is any law now in 
force fixing- the terms of the county court of Cook county, an emergency 
exists requiring this act to take effect immediately ; therefore, this act 
shall take effect from and after its passage. 

Approved May 2, 1873. 



§ 1. Transfer records and, judgments to circuit court. 

§ 2. All chancery suits transferred to circuit court. 

§ 3. Transferred causes tried in the circuit court in the same manner. 

§ 4. Transfer of records filed, and papers, and the effect thereof. 

§ 5. Saving of rights accrued. 

§ 6. Gertified copies evidence. 

§ 7. Remanded causes to be returned to circuit court. 

§ 8. Gircuit clerk to make up records on appeal. 
In force April 25, 1873. 

AN ACT to provide for transferring from county courts of special jurisdiction all causes pending in 
"which the amount claimed to be due, or upon which judgment shall have been rendered in a sum 
exceeding five hundred dollars, to the circuit court of their respective counties, and also to trans- - 
fer to sai^ circuit courts all causes pending, together with the judgments, records, files and decrees 
of aU county courts, upon whom chancery jurisdiction has heretofore been conferred by special 
act. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That in all cases where special jurisdic- 
tion has been conferred upou county courts in this state prior to the 
adoption of the constitution of 1870, and where jurisdiction is reduced 
under the act entitled " An act to increase the jurisdiction of county 
courts,'' in force July 1, 1872, to the sum of five himdred dollars ($500) — 
all causes, pending wherein the amount claimed to be due is over five 
hundred dollars ($500), and all judgments that may have been rendered 
in said courts for a sum greater than five hundred dollars ($500), to- 
gether with the files, records and papers pertaining thereto, are hereby 
transferred to the circuit court of their respective counties. 



88 COURTS — COUNTY. 



§ 2. And ill all cases where chancery jurisdiction has been conferred 
upon countj" courts by special enactment, and such chancery jurisdic- 
tion has been repealed, or has ceased to exist, by virtue of said act, in 
force July 1, 1872, all causes pending, together with the records, files 
and papers pertaining to such chancery jurisdiction, without regard to 
the amount in controversy, are hereby transferred to the circuit court 
of the respective counties. 

§ 3. All causes transferred from said county courts to the circuit 
courts, as provided in the foregoing sections of this act, may be tried 
and disposed of in said circuit courts in the same manner that they 
might have been in said county courts had their jurisdiction not been 
reduced. 

§ 4. All the records, files and papers pertaining to the cases hereinbe- 
fore transferred, shall be transferred to the said circuit courts, and shall 
have the same force and effect that they had by law at the time said act 
of 1872 took effect. And after such records, books and papers have 
been transferred to said circuit courts, fee bills and executions may 
issue from such circuit courts on judgments rendered in said county 
courts, which said fee bills and executions shall have the same force 
and effect as if issued by said county courts before its jurisdiction was 
reduced. 

§ 5. All liens which may have been created, and all rights which 
may have accrued under and by virtue of any chancery proceedings in 
said courts, are hereby transferred to said circuit courts, to be there 
preserved and enforced in the same manner as if original jurisdiction 
thereof had been taken by said circuit courts. 

§ 6. Copies of the records of said county courts, writs, judgments, 
executions, decrees and orders thereof, and any return upon any such 
writ by an ofiicer of said courts, or other proceedings, having been had 
in said county courts, when properly certified by the clerk of said cir- 
cuit court, may be read and used in evidence in any court of record in 
this state. 

§ 7. All ai)]3eals, writs of error, and all proceedings of any kind 
whatsoever, heretofore taken from or out of said county courts to the 
supreme court of this state, shall, if remanded or retm^ned for any 
cause, be remanded or returned to said circuit courts (of the respective 
counties where said county court is situated), and have the same force 
and effect in law as if originally begun in said circuit court. 

§ 8. Writs of error and appeals may be taken from the judgments 
and decrees of said county courts to the supreme court as is now pro- 
vided by law ; and the clerks of the circuit coirrts to which such causes 
have been transferred, shall make up the records and certify them in 
the same manner as if they were commenced in the circuit court. 

§ 9. Whereas, under the decision of the supreme court, the act in 
force July 1, 1872, established a uniform jmisdiction in all the county 
courts of this state; and whereas, under special enactments many county 
courts were exercising jurisdiction in excess of that established under 
the act of 1872, and many suits were commenced and judgments ren- 
dered for a greater sum than five hundred dollars ($500) ; therefore, an 
emergency exists, and this act shall take effect and be in force from 
and after its passage. 

Approved April 25, 1873. 



COURTS OF RECORD. 89 



§ 1. To define the terms ^^ county court^^ and ^'- court.'''' 
In force July 1, 1873. 

AN ACT to define the terms " county court" and "court," as used in an act entitled "an act to 
provide for the removal of county seats," approved March 15, A. D. 1872, and in force July 1, 

1872. 

Section 1. Be it enacted by the People of the State of lUinois, repre- 
sented in the General Assembly^ That the Avords '' county court " or 
" court," as they appear in an act entitled " An act to provide for the 
removal of couiaty seats," approved March 15, A. D. 1872, except in 
sections twelve and thirteen thereof, shall be deemed, taken and held 
to mean the county court for the transaction of probate and other judi- 
cial business ; and the words " county court," as used in section thirteen 
of said act, shall be held to mean the county court for the transaction 
of county business. 

Approved May 3, 1873. 



COURT 8 OF RE GOBI). 



§ 1. Amend section eighty-six of an act approved Feh. 22, 1872 ; non- 
resident defendant. 
In force July 1, 1873. 

AN ACT to amend section eighty-six (86) of an act entitled "An act in regard to practice in courts of 
record," approved February 22, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That section eighty-six (86) of an act 
entitled "An act in regard to practice in courts of record," approved 
February 22, 1872, be amended so that said section eighty-six read as 
follows : 

" § 86. When any plaintiff in error shall file in the office of the clerk 
of the supreme court an affidavit, showing that any defendant resides, 
or hath gone out of this state, or on due inquiry cannofbe 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, and 
also the place of residence of the attorney who appeared in the cause 
in the court to which the writ is directed, or that upon diligent inquiry 
theu' places of residence cannot be ascertained, the clerk of the sui^reme 
court shall cause publication to be made in some newspaper published 
in the county in which the cause was originally instituted ; but if no 
newspaper shall be published in such county, then such notice shall be 
published in a newspaper published nearest to said county, 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 defend- 
ant and attorney, whose places of residence are stated in such affidavit. 
The certificate of the clerk that he has sent su.ch notice in pursuance of 
—9 



90 - COURT — SUPERIOR; 



this section, shall be eA^idence. Such notice shall be published for four 
successive weeks, the first insertion of which said notice shall be at 
least forty days before the first day of the term of court to which said 
writ is made returnable ; and unless said time has intervened, no pro- 
ceedings therein shall be had at said term, but the said cause shall 
stand continued to the next term of said court : Provided, that in case 
both parties appear and consent to a hearing, the said cause may then 
be heard." 
Approved April 24, 1873. 



CO URT—mPEBIOR. 



§ 1. Appointment of Alexander F. (Stevenson, cUrl'. 
§ 2. Bond, and delivery of hooJcs, etc. 
§ 3. Delivery of hoolcs^ etc., to his successor. 
In force July 1, 1873. 

AN ACT concerning the clerks of the superior court of Cook county. 

Whereas, under the constitution of this state, the clerks of the 
superior court of Chicago, now superior court of Cook county, shall con- 
tinue in oflice dimngthe terms for which they were respectively elected ; 
and whereas, the term of Augustus Jacobson, the present clerk of 
said court, expires on the nineteenth day of ifovember, A. D. 1873; 
therefore. 

Section 1. Be it enacted hy the People of the State of Illinois, 7'epre- 
sented in the General Assembly, That Alexander F. Stevenson, the re- 
maining deputy (jlerk, shall be the clerk of said superior court of Cook 
county, on and after the said nineteenth day of November, A. D. 1873, 
for and during the remaining portion of his unexpired term, and till his 
successor shall have been duly elected and qualified ; said Stevenson to 
have the same power and perform the same duties as are now j)ossessed 
or required by said Augustus Jacobson, the in^esent clerk of said 
superior court. 

§ 2. It shall be the duty of the said Alexander F. Stevenson to give 
a bond payable to the People of the State of nUnois, in the penal sum 
of twenty thousand dollars ($20,000), with security, to be approved by 
the superior court of Cook county, (Conditioned for the faithful perform- 
ance, by said Stevenson, of the duties of said oflice; and as soon as the 
term of said Augustus Jacobson shall expire, and bond shall have been 
given by said Stevenson, as aforesaid, it shall be the duty of said 
Augustus Jacobson to deliver to said Alexander F. Ste^'enson all the 
books, papers and proceedings of said superior coiu't of Cook coimtj^, 
and also all funds that may have been deposited with said Jacobson as 
clerk of said court. 

§ 3. The said Stevenson shall, at the expiration of his term of ofiice, 
deliver to his successor in office all the books, papers and moneys api)er- 
taining thereto. 

Approved March 20, 1873. 



CONVEYANCES— DITCHES AND LEVEES. 91 



GONYMYANGES. 



§ 1. Record of deeds, mortgages, etc. 
In force July 1, 1873. 

AN ACT to amend, section twenty-eight (28) of an act entitled "An act concerning conveyances," 

approved March 29, 1872. 

Section 1. Be it enacted by the People of tJie State of Illinois, repre- 
sented in the General Assembly, That section twenty-eight (28) of an act 
entitled ''An act concerning conveyances," approved March. 29, 1872, 
be amended so as to read as follows : 

" § 28, Deeds, mortgages, powers of attorney, and other instrnments 
relating to or affecting the title to real estate in this state, shall be re- 
corded 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 attached for judicial purposes." 

Approved April 3, 1873. * 



DIT GILES AND LEVEES. 



§ 1. Amend act approved April 24, 1871, to allow interest on installments. 
§ 2. Legalizing acts heretofore done. 

§ 3. Not to impair any assessment or bond heretofore ynade. 
In force April 29, 1873. 

AlSr ACT to amend "An act to provide for the construction and protection of drains, ditches, levees 
and other works. " approved April 24, 1871. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section thirty (30), of an act enti- 
tled " An act to jjrovide for the construction and protection of drains, 
ditches, levees, and other works," approved April 24, 1871, be amended, 
so as to read as follows : 

" § 30. In case the assessmenx for benefits shall be payable in install- 
ments, such installments shall draw interest at the rate of ten per 
centum per annum, payable annually, from the time of the confirmation 
of the assessment roll, or from such subsequent date as the court shall 
direct, until they are paid ; and such interest may be collected and 
enforced in the same manner as the assessment or any installment 
thereof." 

§ 2. That every order of confirmation heretofore made by any court 
of any assessment roll, in which interest is ordered or adjudged to be 
paid on installments from the time of su.ch confirmation or a date there 
named, or in the manner provided in the preceding section, is hereby 
ratified and confirmed, and the interest may be collected and enforced 
on the several sums in said order mentioned, fi:om the respective dates 



92 ELECTIONS. 



or times set forth for tlie payment thereof in such order of confirmation, 
as the same falls due, in like manner as the principal of the assessment. 

§ 3. This act shall not he construed to impair any assessment made 
or confirmed, or any bonds or other evidence of indebtedness issued 
under the act to which this is an amendment. 

§ 4. Whereas, work is in progress and debts have been contracted 
therefor, and an emergency has therefore arisen that this law should 
take effect from and after its passage, in order more effectually to pro- 
vide that interest may be paid on deferred assessments, under the pro- 
visions of this act, and the act to which this is an amendment; 
therefore, 

Be it e7iacfed, that this law shall be in force and take effect from and 
after its passage. 

Approved April 29, 1873. 



ELECTIONS. 



§ 1. Amend act approved April 3, 1872, to fix time for election of judges 
of the superior court. 
In force July 1, 1873. 

AN ACT to amend aection thirteen of an act entitled "An act in regard to elections, and to provide 
for filling vacancies in elective offices," approved April 3, A. D. 1872. 

Section 1. Be it enacted by the People of tlie State of Illinois^ repre- 
sented in the General Assembly , That section thirteen of the act entitled 
" An act in regard to elections, and to provide for filling vacancies in 
elective offices," approved April 3, A. D. 1872, be amended to read as 
follows : " The judges of the superior court of Cook county shall be 
elected as follows : One on Tuesday next after the first Monday of 
IsTovember, in the year of our Lord eighteen hundred and seventy-three, 
and every six years thereafter ; one on Tuesday next after the first 
Monday of November, in the year of our Lord eighteen hundred and 
seventy-five, and every six years thereafter ; and one on*Tuesday next 
after the first Monday of November, in the year of our Lord eighteen 
hundred and seventy- seven, and every six years thereafter." 

Appeo'\ied April 11, 1873. 



PEES AND SAI.ABIES. 93 



FEES AND SALARIES, 



§ 1. Amend section forty ^ act approved March 29, 1872. 
§ 2. Ame7id section forty-one. 
In force July 1, 1873. 

ANACTtoamend sections forty (40) and forty-one (41) of an act entitled "An act to iix the salaries of state 
otiicera ; of the judges of the circuit courts and superior court of Cook county ; of the state's attor- 
neys ; 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 supreme 
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 puhKc, commissioners, arbitra- 
tors, 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." approved March 29, 
A. D. 1872. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That section forty of the above entitled 
act be and the same is hereby amended, so as to read as follows, to- wit : 

For taking and certifying acknowledgment of a deed, mortgage, power 
of attorney, or other writing, twenty-five cents. 

For acknowledgment of chattel mortgage, thirty-five cents, and fifteen 
cents for each folio over one hundred words for docketing the same. 

For administering oath to affidavit, when drawn by justice, thirty-five 
cents. 

For administering oath to affidavit, when not drawn by justice, ten 
cents. 

For taking each bond, thirty-five cents. 

For taking bail, fifty'cents. 

For each certificate required to be made, when not part of any other 
act, thirty -five cents. 

For taking each complaint in writing, under oath, thirty -five cents. 

For docketing each suit, twenty-five cents. 

For taking deposition, tor each one hundred words, fifteen cents. 

For issuing dedimus to take deposition of witnesses, fifty cents. 

For entering verdict of jury, fifteen cents. 

For entering judgments, twenty-five cents. 

For issuing each execution, twenty-five cents. 

For entering continuance, or any other order in the case, fifteen cents. 

For entering each appeal, twenty-five cents. 

For entering satisfaction of judgment, ten cents. 

For entering the award of referees, fifty cents. 

For administering oaths and trial, making all entries in cases of 
estrays, and making and transmitting a certificate thereof to the county 
clerk, one dollar. 

For each marriage ceremony performed, and certificate thereof, two 
dollars. 

For each mitimus, thirty-five cents. 

For giving each notice, twenty-five cents. 

For administering oath, five cents. 

For each summons or warrant, twenty-five .-cents. 

For each subpena, twenty-five cents. 

For each venire, in all cases, twenty-five cents. 

For each scire facias^ thirty-five cents. 



94 FEES AND SAXrAHIES. 



For issuing each attaclinient or writ of possession, fifty cents. 

For taking recognizances, and returning tlie same, fifty cents. 

For transcript in change of venue, fifty cents. 

For transcript of judgment and proceedings in cases of appeal, fifty 
cents. 

For transcript of judgment to obtain lien on real estate, one dollar. 

For the trial of all contested cases, in counties of the first and second 
class, a per diem of two dollars, except in cases of judgment by confes- 
sion or default. In all counties of the first and second class the fees of 
justices of the peace, police magistrates, constables, jurors and witnesses 
in criminal cases, shall be the same as those allowed for similar services 
in civil cases ; and in all criminal cases, where the fees cannot be collec- 
ted of the party convicted, or where the prosecution fails, the county 
board may, in its discretion, direct that the cost of the prosecution, or 
so much thereof as shall seem just and equitable, shall be paid out of 
the county treasury : Provided, that the costs in criminal and quasi 
criminal prosecutions for the violation of an ordinance of an incorj)ora- 
ted city or town, where the provisions of the charters of such towns or 
cities clo not prohibit the payment of such costs, may be paid by such 
city or town, in the discretion of the city council or board of trustees of 
such incorporated cities or towns. 

FEES OF CONSTABLES IN COUNTIES OF FIRST AND SECOND CLASS. 

§ 2. That section forty- one (41) of the above entitled act be and the 
same is hereby amended, so as to read as follows, to- wit : 

For advertising property for sale, fifty cents. 

For attending trial and waiting on a jury, fifty cents. 

For each day's attendance ia the circuit coiu't when required, to be 
paid out of the county treasury, two dollars and fifty cents. 

For taking ani ax)proving replevhi bond, fifty cents. 

For taking and approving forthcoming bond or special bail, fiity 
cents. 

Commissions on sales not exceeding ten dollars, ten i^er cent., and on 
the excess of that amount, five i)er cent, ; and in cases when an execu- 
tion in the hands of any constable shall be settled by the parties, or 
paid, or when the property levied on shall not be sold, by reason of such 
settlement or paj^ment, the constable shall be allowed five per cent, on 
the first ten dollars, and two and one-half per cent, on the excess. 

For mileage, when serving a warrant, summons, subpena or other 
process, five cents per mile, each way, for actual distance traveled by 
liim in making such ser\ace, the distance to be computed from the office 
of the justice to the residence of each person served. 

For mileage in taking a person to jail, from the ofiice of the justice, 
ten cents per mile, and all actual and necessary expenses incurred, to be 
paid out of the county treasury. 

For serving and returning a summons, thirty-five cents ; warrant for 
each person served, fifty cents. 

For serving and returning a writ of replevin or attachment, for each 
person served, fifty cents. 

For serving a subpena, for each person served, twenty-five cents. 

For serving venire, fifty cents. 

For serving writ of restitution, in cases of forcible entry and de- 
tainer, one dollar, and necessary expenses of assistants, to be deter- 
mined by the justice. 



FEES AND SALARIES. 95 



For serving and returning each execution, fifty cents. 
For serving mittimus, fifty cents. 

For serving a warrant on appraisers, in cases of estrays, twenty-five 
cents. 
Approved, May 2, 1873. 



§ 1. Amend section forty-four of an act approved March 29, 1872. 
In force July 1, 1873. 

Al^ ACT to amend section forty-four (44) of an act entitled "An act to fix the salaries of state officers ; 
of the judges of the circuit couits and superior court of Cook county ; of the state's attorneys ; 
of the judges and prosecuting attorneys of inferior courts in cities and towns ; of the connty officers 
of Cook county ; to regulate the fees of the secretary of state and of the clerks of the supreme 
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, arbitra- 
tors, 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," approved March 29, 1872. 

Section 1. Be it enacted hy tlie People of the State of Illinois, repre- 
sented in tlie General Assembly, That section forty-four (14) of said act 
be and the same is hereby amended to read as follows : 

"§ 44. There shall be allowed and paid to grand and petit jurors, for 
their ser^^.ces in attending courts of record, the siim of one dollar and 
fifty cents per day for every day of necessary attendance at such courts 
as such jurors, and also five cents per mile each way for necessary travel, 
to be paid out of the county treasury. Whenever any person shall be 
summonecl as talesman to attend any court as a petit juror, and shall be 
detained as such longer than one day, such person so summoned shall be 
allowed mileage from the place of holding courts to the residence of 
such juror, in the same manner as though such person had been origi- 
nally selected and summoned. When a jury shall be called in any case 
in the county court sitting for i^robate business, and not being on the 
panel for the term, there shall be allowed to each juror the sum of fifty 
cents, to be taxed as costs in the case. The clerk of the court shall fur- 
nish to each of the jurors aforesaid (and without fee,) whenever he shall 
be discharged from further service by the court, at any term thereof, a 
certificate of the number of days he may have attended at such term ; 
and upon presentation thereof to the county treasurer, he shall pay to 
such j)erson the sum above provided for his serving. That jurors in 
courts of record, in counties of the third class, shall receive only for their 
services ten cenl3S per mile, actual travel, going and coming to place of 
holding court ; but no oftener than once coming and going to place of 
holding court shall be considered in computing the mileage of jurors du- 
ring the term for which they shall be summoned to serve as jurors." 

Approved May 3, 1873. " 



96 GAME. 



GAMK 



Time when unlawful to hunt or destroy ; penalty therefor. 
Time when it shall he unlawful to huy, sell, or have in possession. 
What prohibited for MlUng or destroying at any time. 
Prohibit the destroying or having in possession any nest or eggs. 
What shall be unlaiiful, except on their oion premises. 
Fix time after which it shall be unlaivful. 

Not applicable to express companies or common carriers in tran- 
sit through this state. 
All penalties to be paid to toicnship school treasurer. 
Limitations. 
In force July 1, 1873, 

AN ACT to revise and consolidate the several acts relating to tlie protection of game, and for the pro- 
tection of deer, wild fowl and birds, and to repeal certain laws. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That it shall be unlawful for any person 
or persons to hunt or pursue, kill or trap, net or ensnare, destroy or at- 
tempt to kill, trap, net, ensnare, or otherwise destroy any wild buck, 
doe, or fawn, wild turkey, prairie hen or chicken, ruffed grouse (com- 
monly called partridge), or pheasant, between the first day of January 
and the fifteenth day of August in each and every year ; or any quail, 
between the first day of January and the first day of October in each 
and every year ; or any woodcock, between the first day of January and 
the first day of July of each and every year; or any wild goose, duck, 
Wilson snipe, brant, or other water fowl, between the fifteenth day of 
April and the fifteentli day of August in each and every year. And 
every person so offending shall, for each and every offense, be deemed 
guilty of a misdemeanor, and on conviction shall be fined in any sum 
not less than ten dollars nor more than twenty-five dollars, and costs of 
suit, and shall stand committed to the county jail until such fine is paid, 
provided that such imprisonment shall not exceed ten days. 

§ 2. It shall be unlawful for any person or corporation to buy, sell, 
or have in possession any of the animals, wild fowls, or birds mentioned 
in section one, at any time when the killing, trapping, netting, ensnar- 
ing or destroying of such animals, wild fowls or bu-ds shall be unlawful, 
which shall be killed, entrapped, netted, ensnared or destroyed contrary 
to the provisions of this act ; and any person or corporation so offending 
shall, on conviction, be fined and dealt with as declared in section one 
(1) of this act. 

§ 3. ]^o person shall, at any time, within this state, kill or attempt 
to trap, net, ensnare, destroy or kill any robin, bluebird, swallow, mar- 
tin, mosquito hawk, whip-poor-will, cuckoo, wood-pecker, cat-bird, brown- 
thrasher, red bird, hanging bird, buzzard, sparrow, wren, humming- 
bird, dove, goldfinch, mocking-bird, blue jay, finch, thrush, lark, cherry 
bird, yellow bird, oriole or bobolink, nor rob or destroy the nests of such 
birds, or either or any of them. And any person so offending shall, on 
conviction, be fined the sum of five dollars for each and every bird so 
killed, and for each and every nest robbed or destroyed : Provided, that 
nothing in this section shaU be construed to prevent the owner or occu- 



. ' GAME. 97 

pant of lands from destroying any of tlie birds lierein named on the 
same, when deemed necessary for the protection of fruits or property. 

§ 4. It shall be unlawful for any person or persons to destroy or re- 
move from the nests of any prairie chicken, grouse or quail, wild turkey, 
goose or brant, any egg or eggs of such fowl or birds, or for any person 
to buy, sell, have in possession or traffic in such eggs, or willfully de- 
stroy the nest of such birds or fowls, or any or either of them. And any 
person so offending shall, on conviction, be fined and dealt with as spe- 
cified in section three (3) of this act. 

§ 5. No person or persons shall, at any time, with a trap, or snare, 
or net, take or attempt to trap, snare, or take any wild turkey, prairie 
chicken, Virginia partridge, pheasant, grouse or quail, except on his or 
their own premises. And every person so olfending shall, on conviction, 
be fined in a sum not less than fifteen dollars nor more than twenty-five 
dollars, and costs of suit, and shall stand committed to the county jail 
until such fine is paid, provided that such imprisonment shall not exceed 
fifteen days. 

§ 6. No person or persons shall sell or expose for sale, or have in his 
or their possession, for the purpose of selling or exposing for sale, any of 
the animals, wild fowls or birds mentioned in section one of this act, 
after the exj)iration of thirty days next succeeding the first day of the 
period in which it shall be unlawful to kiU, trap, or ensnare such animals, 
wild fowls or birds. And any person so offending shall, on conviction, 
be fined and dealt with as specified in section one of this act. 

§ 7. The provisions of this act shall not be construed as applicable 
to any express company or common carrier, into whose possession any 
of the animals, wild fowls or birds herein mentioned shall come, in the 
regular course of their business, for transportation, whilst they are in 
transit through this state from any place without this state where the 
killing of such animals, wild fowl or birds shall be lawful. But notwith- 
standing this pro^'lsion, the having or being in possession of any such 
animals, wild fowl or birds, as are mentioned in section one, upon any 
of the days upon which the killing, entrapping, ensnaring, netting, buy- 
ing, selling, or having in x^ossession any such animals, wild fowl or birds, 
shall be unlawful by the provisions of this act, shall be deemed and ta- 
ken as prima facie evidence that the same was ensnared, trapped, net- 
ted or killed in violation of this act. 

§ 8. All prosecutions under the provisions of this act shall be brought 
by any person, in the name of the People of the State of Illinois, against 
any person or persons violating any of the provisions of this act, before 
any justice of the peace of the county in which such violation is alleged to 
have taken place, or before any court of competent jurisdiction ; and it is 
hereby made the duty of the state's attorneys to see that the provisions of 
this act are enforced in their respective counties, and they shall prosecute 
all offenders on receiving information of the violation of any of the pro- 
visions of this act, and it is made the duty of sheriffs, deputy sheriffs, 
constables and police officers to inform against and prosecute all per- 
sons whom there is probable cause to believe are guilty of violating any 
of the provisions of this act. The amount recovered in any penal action 
shall go to the school treasurer of the township in which this act shall 
have been violated, to be added to the school fund of such township. 

§ 9. All i:)rosecutions under this act shall be commenced within one 
month from the time such offiense was committed, and not afterwards. 

§ 10. The following acts are hereby repealed, to-wit : "An act to pro- 
—10 



98 , GAME. 

hibit the killing of certain wild game in certain counties therein named 
at certain seasons of the year," approved February 12, 1853 ; an act en- 
titled " An act to preserve the game in the state of Illinois," ax)proved 
February 15, 1855 ; an act to amend an act entitled "An act to preserve 
the game in the state of Illinois," approved February 15, 1855, api)roved 
February 9, 1857 ; an act to amend an act entitled "An act to preserve 
the game in the state of Illinois," approved February 15, 1855, ap- 
13roved February 16, 1857 ; an act to amend an act entitled "An 
act to preserve the game in the state of IlHnois," approved Feb- 
ruary 15, 1855, approved 18, 1857 ; " An act to repeal so much of the 
game law as is applicable to Greene county," approved February 
24, 1859 ; an act to amend an act entitled "An act to preserve the 
game in the state of Illinois," approved February 15, 1855, approved 
February 21, 1861 5 an act to amend an act approved February 
21, 1861, entitled " An act to amend an act entitled 'An act to pre- 
serve the game in the state of Illinois,' " approved February 15, 1855, 
approved February 12, 1863 5 "An act for the protection of orchards, 
and to prevent the destruction of small bii'ds," approved February 24, 
1859 ; "An act for the preservation of game," approved February 16, 
1865 ; an act to amend an act entitled "An act for the preservation of 
game," approved February 16, 1865, approved February 19, 1867 ; an 
act to amend an act entitled "An act for the preservation of game," ap- 
proved February 16, 1865, approved March 5, 1867 ; "An act to exempt 
the county of Piatt from the operation of the game law," approved March 
5, 1867; "An act to extend the provisions of 'the game law to certain 
counties named, and to prevent non-residents from killing game for 
market," approved March 8, 1867 ; an act to amend an act entitled "An 
act for the preservation of game, approved February 16, 1865, approved 
April 13, 1869; "An act to extend the provisions of the game law to 
certain counties therein named," approved March 30, 1869 ; an act to 
amend an act entitled "An act for the preservation of game," approved 
February 16, 1865, approved March 2, 1869 ; "An act for the preserva- 
tion of game in Montgomery county, and to amend an act entitled 'An 
act for the preservation of game,' " approved February 16, 1865, ap- 
proved March 29, 1869 ; "An act to extend the provisions of the game 
law to the county of Moultrie," approved March 26, 1869 ; "An act for 
the preservation of game and fish in the counties of Adams and Han- 
cock," approved February 21, 1867 ; "An act for the preservation of 
game in Hancock county," approved February 23, 1867. 
Approved May 3, 1873. 



GEOLOGICAL. 



§ 1. Amend act approved February 17, 1851; duty of geologist and secre- 
tary of state. 
In force July 1, 1873. 

AN ACT to amend an not entitled "An act for a geological and niineralogical snrvev of the State of 
Illiuois," approved PebVnary 17, 1851. 

Section 1. Be it enacted hy the Feople of the State of Illinois, repre- 
sented in the General Assembly, That section foiu- (4) of " An act for a 



GEOLOGICAL. 99 



geological and mineralogical survey of the state of lUinois," approved 
February 17, 1851, be and the same is herebj^ amended, so as to read as 
follows : 

" § 4. It shall be the duty of said geologist to procure and preserve 
a fuU and entire suit of the different specimens found in the state, and 
cause them to be delivered to the secretary of state, who shall cause 
them to be properly arranged in a cabinet, and deposited in some apart- 
ment in or convenient to the capitol. Said suit shall be sufficiently 
large to furnish specimens to all institutions of learning within the state 
which are empowered to confer degrees in the arts or sciences, to the 
state normal schools, to the industrial university at Champaign, and to 
all chartered institutions of science located in this state which publish 
their proceedings, and which keep up a regular system of exchanges 
with other like institutions." 



Appkoyed April 29, 1873. 



HOMESTEAD EXEMPTIOK 



1. Homestead ivorth one thousand dollars. 

2. Exemption shall continue after death. 

3. Taxes; improvements; purchase money. 

4. Hoiv extinguished. 

5. In case of divorce. 

6. Exemption of the proceeds. 
§ 7. Insurance money exempt. 
§ 8. Homestead to be set off. 

I 9. Sale on execution. 

§ lO. Commissioners to appraise the premises. 

8 11. When premises cannot he divided. 

I 12. To be advertised mid sold. 

I 13. Articles of personal property exempt. 

I 14. Removal of residence. 

I 15. Family to receive benefits. 

I 16. Liability for seizure. 
In force July 1, 1873. 

AN ACT to amend an act entitled "An aot to exempt the homestead from forced sale, and to provide 
for setting off the same, and to exempt certain personal property irom attachment and sale on exe- 
cution, and from diatrese for rent." 

Section 1. Be it enacted by the People of the State of Illinois^ repre- 
ented in the General Assembly j That every householder haying a family, 
shall be entitled to an estate of homestead, to the extent in value of one 
thousand dollars, in the farm or Jot of land, and buildings thereon, 
owned or rightly possessed, by lease or otherwise, and occupied by him 
or her as a residence; and such homestead, and all right and title 
therein, shall be exempt from attachment, judgment, levy or execution, 
sale for the payment of his debts, or other purposes, and from the laws 
of conveyance, descent and devise, except as hereinafter provided. 



100 HOMESTEAD EXEMPTIONS. 

§ 2. Such exemption shall continue after the death 'of such house- 
holder, for the benefit of the husband or wife surviving, so long as he 
or she continues to occupy such homestead, and of the children until 
the youngest child becomes twenty-one years of age ; and in case the 
husband or wife shall desert his or her family, the exemption shall con- 
tinue in favor of the one occupying the premises as a resident. 

§ 3. But no property shall, by virtue of this act, be exempt from 
sale for non-payment of taxes or assessments, or for a debt or liability 
incurred for the purchase or improvement thereof. 

§ 4. Ko release, waiver or conveyance of the estate so exempted 
shall be valid, unless the same is in writing, subscribed by said house- 
holder and his or her wife or husband, if he or she have one, and ac- 
knowledged in the same manner as conveyances of real estate are 
required to be acknowledged, or jjossession is abandoned or given pur- 
suant to the conveyance ; or, if the exemption is continued to a child or 
children, without the order of the court directing a release thereof. 

§ 5. In case of a divorce, the court granting the divorce may dispose 
of the homestead estate according to the equities of the case. 

§ 6. When a homestead is conveyed by the owner thereof, such con- 
veyance shall not subject the premises to any lien or incumbrance to 
which it would not have been subject in the hands of such owner ; and 
the proceeds thereof, to the extent of the amount of one thousand dol- 
lars, shall be exempt from execution or other process, for one year after 
the receipt thereof, by the person entitled to the exemption, and if rein- 
vested in a homestead the same shall be entitled to the same exemption 
as the original homestead. 

§ 7. Whenever a building, exempted as a homestead, is insured in 
favor of the person entitled to the exemption, and a loss occurs, enti- 
tling such person to the insurance, such insurance money shall be 
exempt to the same extent as the building would have been had it not 
been destroyed. 

§ 8. In the enforcement of a lien in a court of equity upon premises 
including the homestead, if such right is not waived or released, as pro- 
vided in this act, the court may set off the homestead and decree the 
sale of the balance of the premises ; or, if the value of the premises 
exceeds the exemption, and the premises cannot be divided, may order 
the sale of the whole and the payment of the amount of the exemption 
to the person entitled thereto. 

§ 9. No sale shall be made of the premises on such decree or execu- 
tion unless a greater sum than one thousand dollars is bid therefor. If 
a greater sum is not so bid, the decree may be set aside or modified, or 
the execution released, as for want of property. 

§ 10. If, in the opinion of the creditors, or officer holding an execu- 
tion against such householder, the premises claimed by him or her as 
exempt, are worth more than one thousand dollars, such officer shall 
summon three householders as commissioners, who shall, ux)on oath, to 
be administered to them by the officer, appraise said premises f and if, 
in their opinion, the property may be divided without injury to the in- 
terest of the parties, they shall set off so much of said premises, inclu- 
ding the dwelling house, as in their opinion shall be worth one thousand 
dollars, and the residue of said premises may be advertised and sold by 
such officer. 

§ 11. In case the value of the premises shall, in the opinion of the 
said commissioners, be more than one thousand dollars, and cannot be 



HOMESTEAD EXEMPTIONS. 101 

divided as is provided for in this act, they shall make and sign an ap- 
praisal of the value thereof, and deliver the same to the officer, who 
shall deliver a copy thereoi^ to the execution debtor, or to some one of 
the family of suitable age to understand the nature thereof, with a 
notice thereto attached that unless the execution debtor shall pay to 
said officer the surplus over and above one thousand dollars on the 
amount due on said execution, within sixty days thereafter, that such 
premises will be sold. 

§ 12. In case such surplus, or the amount due on said execution, 
shall not be paid within the sixty days, the officer may advertise and 
sell the said premises, and out of the proceeds of such sale pay to such 
execution debtor the said sum of one thousand dollars, and apply the 
balance on said execution. 

§ 13. The following articles of personal property, owned by the 
debtor, shall be exempt from execution, writ of attachment, and distress 
for rent, viz : 

First. — The necessary wearing apparel of every j)erson. 

Second. — One sewing machine. 

Third. — The furniture, tools and implements of any x3erson necessary 
to carry on his or her trade or business, not exceeding in value one hun- 
dred dollars. 

Fourth. — Materials and stock designed and procured by him or her, 
and necessary for carrying on his or her trade and business, and in- 
tended to be used or wrought therein, not exceeding one hundred dol- 
lars in value. 

Fifth. — The implements or library of any professional person, not 
exceeding one hundred doUars in value. 

And in addition to the above property, when the debtor is the head 
of a family and resides with the same, the following : 

First. — Necessary beds, bedsteads and bedding, two stoves and pipe. 

Second. — Necessary household furni|:ure, not exceeding in value one 
hundred dollars. 

Third. — One cow and calf and two swine. 

Fourth. — One yoke of oxen, or two horses in lieu thereof, used by the 
debtor in obtaining the support of his family, not exceeding in value 
two hundred dollars, and the harness therefor, not exceeding in value 
forty doUars. 

Fifth. — Necessary provisions and fuel for the use of the family for 
three months, and necessary food for the stock hereinbefore exempted, 
for the same time. 

Sixth. — The bibles, school books and family pictures. 

Seventh. — The family library. . 

Eighth. — Cemetery lots or rights of burial, and tombs for repositories 
for the dead. 

Ninth. — One hundred dollars' worth of other property, suited to his 
or her condition in life, selected by the debtor. 

§ 14. Such personal property shall continue so exempt while the 
family of such person or any of them are removing from one place of 
residence to another, in this state. 

§ 15. When the head of a family shall die, desert or not reside with 
the same, the famUy shall be entitled to and receive all the benefits and 
privileges which are in this act conferred upon the head of a family 
residing with the same. 



102 INCORPORATIONS. 



§ 15^. ]Srone of tlie personal property named in this -act sliall be ex- 
empted irom levy of attachment or execution, when the debt or judg- 
ment is for the wages of any laborer or servant : Provided., the court 
rendering judgment shall hnd that the demand so sued for is for wages 
due such person as laborer or servant, which fmding shall be expressed 
in the record of said judgment, and indorsed ui)on- the execution when 
issued. 

§ 16. If any officer, by virtue of any execution or other process, or 
any other person by any right of distress, shall take or seize any of the 
articles of property hereinbefore exempted from levy and sale, such 
ofi&cer or person shall be liable, to the party injured, for double the value 
of the property so illegally taken or seized, to be recovered by action of 
trespass with costs of suit. 

§ 17. The following acts and parts of acts are hereby repealed : "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 execution, and from distress for rent," approved March 22, 
1872; and all other acts and parts of acts inconsistent with the provi- 
sions of this act. But this section shall not be construed eo as to affect 
any rights that may have accrued, or any suits or proceedings that may 
be pending when this act shall take effect. 

Approved April 30, 1873. 



mCOBFORA TIONB. 



§ 1. Repeal act in force April 16, 1869. 
In force July 1, 1873. 

AN ACT to repeal an act entitled "An act t6 change the nameof tlie town of Hand to Desplaines, and 

incorporate the same." 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That an act entitled "An act to change 
the name of the town of Eand to Desplaines, and incorporate the same," 
in force April 15th, 1869, be and the same is hereby repealed. 

Approved April 23, 1873. 



INBICTMENTS. 



§ 1. Judge may order indictments to be recorded at length. 
In force July 1, 1873. 

AN ACT to provide for recording indictments. 

Section 1. Be it enacted by tlie People of tlie State of Illinois, repre- 
sented in the General Assembly, That the judge of the court in which any 
indictment may be found or returned by a grand jury of the county, may 



INSANE ASYLUMS, 103 



order the clerk of Ms said court in which said indictment is found and 
returned to copy such indictments, together with all indorsements there- 
on, at length, upon the records of such court ; and in case of the loss or 
destruction of such original indictment, such copy of the lost or destroy- 
ed indictment shall be considered a^ prima facie evidence of the contents 
of such original indictment, and the party or parties who stand indicted 
may be tried upon a certiiied copy from the record of such lost or des- 
troyed indictment. 
Approved April 11, 1873. 



INSAWE ASYLUMS. 



§ 1. Governor to appoint five trustees, 

§ 2. Duties of superintendent. 

I 3. Duties of employees. 

§ 4. Who shall be admitted. 

§ 5. Duties of trustees. ^ 

§ 6. To make Mennial report to governor. 

§ 7. Executive committee to fix compensation. 

§ 8. Proclamation. 

§ 9. What laivs shall govern. 

§ 10. Stewards duties and term of office. 

1 11. Limitation of the office of commissioners. 

§ 12. • Trustees to be governed by the same laws that govern the normal 

school at Normal. 

§ 13. Commissioners duties to cease ichen building is completed. 
In force May 2, 1873. 

AN ACT to provide for the appointment of a board of trnstees and a steward for the Southern Illinoia 
Insane Asylum, and a board of trustees for the Southern niinois Normal School, and to prescribe 
the duties of such boards of trustees and steward. 

Section 1. Be it enacted by the People of the State of Illinois^ repre- 
sented in the General Assembly, That the governor of the state of Illinois 
be and he is hereby authorized and empowered, by and with the advice 
and consent of the senate, to appoint live trustees for the Southern Illi- 
nois Insane Asylum, and five trustees for the Southern Ilhnois Normal 
School. The trustees for said asylum shall serve for the same term and 
in the same manner as is provided by law for the trustees of the Illinois 
Hospital for the Insane, at Jacksonville. 

§ 2. It shall be the duty of said board of trustees for said asylum to 
appoint a steward and superintendent, who shall be a properly qualified 
physician, and shall reside in the asylum. Said superintendent shall 
have charge of the patients placed therein, and the entire control of all 
assistants, employees and inmates ; his term of appointment shall be 
two years : Provided, hoicever, that he shall be subject to removal for 
incompetency or for infidelity to his trust. His salary shaU be fixed by 
the board of trustees, and when so fixed, shall not be increased or re- 
duced during the period for which he shall have been appointed. 

§ 3. The said board of trustees shall also appoint all necessary as- 
sistant physicians, and employ or authorize to be employed aU attend- 
ants and other persons whose services may be necessary in the manage- 



104 INSANE ASYLUMS. 



ment of the asylum, and prescribe and regulate the duties of all persqns 
so appointed and employed, and provide for the medical treatment of 
all inmates. 

§ 4. Insane and distracted persons residing in this state will be com- 
mitted to and provided for in said asylum, whenever there shall be suf- 
licient room for their accommodation, in such order and under such re- 
strictions as said board of trustees may adopt, and as shall be provided 
by law. 

§ 5. The said board of trustees shall meet quarterly, on such days as 
they may designate, such meetings to be held at said asylum. They 
shall also appoint from their own body an executive committee, consist- 
ing of three persons, who shall meet monthly for the transaction of such 
business as they may, by said board of trustees, be empowered and au- 
thorized to transact. 

§ 6. The accounts of said asylum shall be stated and settled annually, 
with the auditor of public accounts ; and the board of trustees shall, 
fifteen days pre\dous to each regular session of the general assembly, 
submit to the governor a report of all their actioDS and i3roceedings in 
the execution of their trust, with a statement of all the accounts con- 
nected therewith, to be by the governor laid before the general assembly. 

§ 7. Insane persons whose estates are sufficient, shall be required to 
pay the expense of their transportation to and from said asylum, and a 
reasonable compensation, to be fixed by the executive committee or the 
board of trustees, for their care and board, while they are inmates of 
said asylum. 

§ 8. As soon as the said asj^lum shall be completed and ready for 
the reception of insane persons^ the governor shall make proclamation 
thereof. 

§ 9. The laws regulating the reception, care and treatment of patients 
in the Illinois State Hospital for the Insane, at Jacksonville, shall gov- 
ern the trustees and other officers in the Southern Illinois Insane Asy- 
lum, except as herein otherwise j)ro^ided. 

§ 10. The steward shall have charge of the boarding department of 
the asylum, and shall make a report of all his transactions in the dis- 
charge of his duties, to the executive committee, at their monthly meet- 
ings ; and shall perform such other duties as may be required of him by 
the board of trustees or executive committee. He shall be appointed 
for a term of two years, but shaU be subject to dismissal at any time 
within said term for neglect of duty or incompetency. He shaU receive 
as compensation for his services such salary, not exceeding the sum of 
twelve hundred doUars per annum, as the board of trustees may pre- 
scribe : Provided^ that such salary, when fixed, shall not be increased or 
reduced dui'ing the term for which he shall have been appointed. 

§ 11. As soon as said asylum shall be so far completed as to receive 
insane persons, the powers and authority of the commissioners for the 
construction of said asylum shaU cease and determine, as to the part 
so completed, and they shall have no fm^ther control over the part so 
completed, but the board of trustees shall thereupon and thereafter as- 
sume the control thereof: Froinded, that nothing herein shall be so con- 
strued as to authorize the appointment, or recognize the official exist- 
ence of said board of trustees, until said asylum shall be so fiir completed 
as to be ready for the reception of insane i)ersons. 

§ 12. The trustees to be appointed as herein pro\ided, for said nor- 
mal school, shall serve the same term, and in the same manner, shall 



JIJDICiaX CIECTJITS. 105 



have the same rights, privileges and powers, perform the same duties 
and be governed by the same laws as the trustees of the Normal School 
at Normal : Provided., Jioivever, that nothing herein contained shall be 
so construed as to abrogate, annul or set aside any of the rights, privi- 
leges, powers or duties of said board of trustees set forth in an act 
of the general assembly, entitled "An act to establish and maintain the 
Southern Illinois Normal University," approved March 9, A. D. 1869. 

§ 13. As soon as the said Normal School shall be completed, the 
power and authority of the commissioners for the erection thereof, shall 
cease and determine, and the said board of trustees shall thereupon 
proceed to furnish the same for the pur])oses for which it was erected, 
in accordance with the plans heretofore adopted. 

§ 14. So much of an act entitled "An act to locate, erect and carry 
on an asylum for the insane," approved April 16, A. D. 1869, and so 
much of an act entitled "An act to establish and maintain the Southern 
Illinois Normal University," approved March 9, A. D. 1869, and aU acts 
or parts of acts heretofore passed, whose provisions ase inconsistent 
with the provisions of this act, are hereby repealed. 

§ 15. Whereas the north wing and the east wing of the north wing 
of the said Southern Illinois Insane Asylum, are now completed ; and 
whereas it is expected that the work on the central building of said 
asylum will be sufficiently advanced to admit of the occupation of said 
building prior to the first day of July, A. D. 1873 ; therefore an emer- 
gency is declared to exist, and this act shall take effect and be in force 
from and after its passage. 

Approyed May 2, 1873. 



JUDICIAL GIBCUIT8. 



§ 1. Apportioning state into judicial circuits. 
In force. March 28, 1873. 

A.~S ACT to divide the state of niinois, excluaive of the county of Cook, into judicial circuits. 

Section 1. Be it enacted hy the People of the State of IlUnoit^, repre- 
sented in the General Assembly., That the state of Illinois, exclusive of 
the county of Cook, be and the same is hereby divided into judicial 
circuits, as follows, to- wit : 

First Circuit — The counties of Jo Daviess, Stephenson and Winne- 
bago. 

Second Circuit — -The counties of Boone, De Kalb, McHenry and 
Lake. 

Third Circuit — The counties of Carroll, Whiteside, Ogle and Lee. 

Fourth Circuit — The counties of Kane, DuPage and Kendall. 

Fifth Circuit — The counties of Eock Island, Mercer and Henry. 

Sixth Circuit — The counties of Bureau and LaSaUe, 

Seventh Circuit— The counties of Will and Grundy. 

—11 



106 CmCUIT COURTS. 



Eighth Circuit — The counties of Henderson, Warren and Knox. 

Ninth Circuit — Tlie counties of Peoria and Stark. 

Tenth Circuit — The counties of Hancock and Adams. 

Eleventh Circuit — The counties of Fulton, McDonough, Schuyler, 
Brown and Pike. 

Twelfth Circuit — The counties of Putnam, Marshall, Woodford and 
Tazewell. 

Thirteenth Circuit — ^The counties of Kankakee, Iroquois and Living- 
ston. 

Fourteenth Circuit — The counties of McLean and Ford. 

Fifteenth Circuit — The counties of Vermilion, Edgar, Clark, Coles and 
Douglas. 

Sixteenth Circuit — The counties of Champaign, Piatt, Moultrie and 
Macon. 

Seventeenth Circuit — The counties of DeWitt, Logan, Menard and 
Mason. 

Eighteenth Circuit — The counties of Cass, Morgan, Scott, Greene, Jer- 
sey and Calhoun. 

Nineteenth Circuit — The counties of Sangamon and Macoupin. 

Twentieth Circuit — The counties of Chiistian, Montgomery, Fayette 
and Shelby. 

Tioenty-first Circuit — The counties of Cumberland, Effingham, Clay, 
Jasper, Eichland, Lawrence and Crawford. 

Twenty-second Circuit — The counties of Bond, Madison and St. Clair. 

Twenty-third Circuit — The counties of Marion, Clinton, Washington, 
Eandolph, Monroe and Perry. 

Twenty-fourth Circuit — The counties of Jefferson, Wayne, Edwards, 
Wabash, White, Hamilton and Gallatin. 

Twenty-fifth Circuit — The counties of Franklin, Saline, Wilhamson, 
Jackson and Union. 

Twenty-sixth Circuit — The counties of Johnson, Pope, Hardin, Massac, 
Pulaski and Alexander. 

That all acts or parts of acts inconsistent with this act are hereby re- 
pealed. 

Whereas, by the constitution, the election for judges of the circuit 
courts shall be held on the first Monday in June, in the year of our Lord 
one thousand eight hundred and seventy-three, and every six years 
thereafter; and wher(3as, by the constitution it is further provided that 
new circuits may be formed and the boundaries of circuits changed by 
the general assembly at its session next preceding the election for cir- 
cuit judges, but at no other time 5 therefore an emergency exists, and 
this act shall take effect and be in force from and after its passage. 

Approved March 28, 1873. 



JUDGMENT AND EXECUTION — JURORS. 107 



JUDGMENT AND EXECUTION. 



§ 1, Amend act approved March 22, 1872 — redemption of real estate from 
sale. 
In force April 29, 1873. 

AN ACT to amend section eighteen (18) of an act approved March the 22d, 1872, entitled "An act in 
regard to judgments and decrees, and the manner of enforcing the same by execution, and to pro- 
vide for the redemption of real estate sold under execution or decree." 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That section eighteen of an act entitled 
"An act in regard to judgments and decrees and the manner of enforc- 
ing the same by execution, and to provide for the redemption of real 
estate sold under execution or decree," be so amended as lo read as fol- 
lows : 

"Section 18. Any defendant, his heirs, administrators, assigns, or 
any person interested in the premises through or under the defendant, 
may, within twelve months from said sale, redeem the real estate so 
sold, by paying to the purchaser thereof, his executors, administrators 
or assigns, or to the sheriif or master in chancery, or other officer who 
sold the same, or his successor in office, for the benefit of such purcha- 
ser, his executors, administrators or assigns, the sum of money for 
which the premises were sold or bid oif, with interest thereon at the rate 
of ten per centum per annum, from the time of such sale, whereupon 
such sale and certificate shall be null and void." 

§ 2. Whereas doubts exist as to whether, under existing laws, there 
is any limitation as to the right of judgment debtors to redeem real 
estate from sale under executions and decrees of courts, and for that 
reason 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 April 29, 1873. 



JURORS. 



§ 1. County hoard to maJcejury list. 

§ 2. Selection of jurors — when made. 

^ 3. If not selected at September meeting. 

§ 4. lAst of exemptions. 

§ 6. Future selections from list. 

§ 6. When list is exhausted ; new list made. 

§ 7. Names to be Ticpt in a box. 

§ 8. Manner of drawing. 

§ 9. Selection and summoning of grand jurors, 

§10. Summoning of petit jurors. 



108 JURORS, 

§ 11. Manner of service and return. 

§ 12. How deficient panel filled. 

§ 13. Filling exhausted panel — seeMng iJie position of a juror for- 

Mdden. 
§ 14. Causes of challenge. / 

§ 15. Failure to attend. 
§ 16. Number of grand jurors. 
§ 17. Foreman ; powers and duty of tliejury. 
§ 18. Oath of foreman ami grand jurors. 
§ 19. The evidence required. 
§ 19|^. Special venire. 
§ 20. Brawn hy chance. 
I 21. Impanjieling jury for trial. 
§ 22. County hoard and county court. 
§ 23. To what cases apply. 
In force July 1, 1873. 

AN ACT concerning jurors. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the county board of each county 
shall, at or before the time of its meeting, in September, in each year, 
or at any time thereafter, when necessary for the purposes of this act, 
make a list of a sufficient number, not less than one-tenth of the legal 
voters of each town or precinct in the coimty, giving the place of resi- 
dence of each name on the list, to be known as a jury list. 

§ 2. At the meeting of the county board in the respective counties 
in this state, in September, in the year 1873, and in each year thereafter, 
such board shall select from such list a number of persons equal to one 
hundred for each trial term of the circuit and other courts of records, 
and in the county of Cook two hundred for each term of the circuit and 
superior courts of Cook county, and one hundred for the criminal coui't 
of Cook county tor each trial term, which may be provided by law to be 
held during the succeeding year, to serve as petit jurors ; and in making 
such selection, shall choose a proportionate number from the residents 
of each town or precinct, and shall take the names of such only as are: 

First — Inhabitants of the town or precinct not exempt from serving 
on juries. 

Second — Of the age of twenty-one years or upwards, and under sixty 
years old. 

Third — In the possession of their natural faculties, and not injSrm or 
decrepid. 

Fourth — Free from all legal exceptions, of fair character, of apj)roved 
integrity, of sound judgment, well informed^ and who understand the 
English language. 

§ 3. If for any reason the list or the selection provided for in the fore- 
going sections of this act shall not be made at the meeting of the 
board held at the time specified, such list or selection shall be made at 
any meeting to be held as soon thereafter as may be. 

§ 4. The following persons shall be exempt from serving as jurors, 
to-wit : the governor, lieutenant-governor, secretary of state, auditen- of 
jniblic accounts, treasurer, superintendent of public instruction, attor- 
ney-general, members of the general assembly during their term of of- 



JURORS. 109 



fice, all judges of courts, all clerks of courts, sheriffs, coroners, post- 
masters, mail carriers, practicing attorneys, all officers of the IJnited 
States, officiating ministers of the gospel, school teachers during the terms 
of school, practicing physicians, constant ferrymen, mayors of cities, 
policemen and active members of the fire department. 

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

§ 6. As often as one list shall have been exhausted, another shall be 
furnished, as provided in section one of this cha]3ter, and the jurors shall 
be selected therefrom in the manner j)rovided in sections two (2) and 
three (3). The clerks of the circuit courts and other courts of record in 
the county, shall, at the end of each term of court, furnish the county 
clerk a list of all persons who have served as jurors during the term. 

§ 7. A list of jurors so selected shall be kept at the office of the 
county clerk, who shall write the name and residence of each person 
selected upon a separate ticket and put the whole into a box to be kept 
for that purpose. 

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

§ 9. If a grand jury shall be required by law or by the order of the 
judge for any term of court, it shall be the duty of the county board in 
each of the counties in this state wherein such court is directed to be 
holden, at least t\venty days before the sitting of such court, to select 
twenty-three persons, possessing the qualifications as provided in sec- 
tion three of this act, and as nearly as may be a proportionate number 
from each town or precinct in their respective counties, to serve as grand 
jurors at such term ; and to cause their clerk, within five days thereaf- 
ter, to certify the names of the persons so selected as grand jurors to 
the clerk of the court for which they are selected, who shall issue and 
deliver to the sheriff of the county wherein the court is to be held, at 



110 jimoES. 

least ten days before the term of the court for which they shall have 
been selected, or during term time if the court shall so order, a summons 
commanding him to summon the persons so selected as aforesaid, to ap- 
pear before such court at or before the hour of eleven o'clock A. M on the 
first day of the term, or upon such other day as the judge shall direct, 
to constitute a grand jury for such term. The sheriff shall serve such 
summons in the manner provided in section eleven (11) of this act, for 
service of summons on petit jurors, and for any refusal or neglect so to 
do, shall be deemed guilty of a contempt of court, and may be fined therefor 
as provided in section eleven (11) of this act, for default in summoning 
petit jurors. If for any reason the panel of grand jurors shall not be fall at 
the opening of any court of record, the court shall direct the sheriff to 
summon from the bystanders or from the body of the county, a suffi- 
cient number of persons, having the qualifications of jurors, as provi- 
ded by this act, to fill the panel. 

§ 10. The clerk of the court shall, within five days after such draw- 
ing, issue to the sheriff a summons commanding him to summons as 
petit jurors a sufficient number, not less than thirty, of the persons so 
drawn, giving their residence, to appear at the place of holding such 
court, at the hour of ten o'clock A. M, of the first day of the term, or 
upon such other day of the term as the judges shall direct, and a like 
number to appear at the same place and hour on the third Monday of 
the terra, and the same number for each two weeks the court will proba- 
bly be in session, which summons shall be served before the sitting of 
the court. 

§ 11. It shall be the duty of the sheriff to execute the summons by 
reading the same to, or leaving a copy thereof at the usual place of 
abode of each of th'e persons directed to be Summoned to constitute the 
jury as aforesaid, and to make return thereof on or before the return 
day, to the clerk of the court in which said jurors are to serve, with an 
indorsement thereon, certifying on whom it has been executed, and the 
time when ; and in default of so doing, such sheriff or other officer shall 
be considered as guilty of a contempt, and may be fined for the use of 
the proper county in any sum not less than ten dollars nor more than 
two hundred dollars ; and it shall be the duty of the coiu-t, upon the 
return of such summons, to inquire into the cause of any failure to serve 
any such juror, and unless he shall find that the sheriff has used proper 
diligence to serve such juror, he shall inflict the fine aforesaid. 

§ 12. If for any reason the panel of petit jurors shall not be full at 
the opening of any court of record, or at any time during the term of 
any such court, the clerk of such court may again repair to the office of 
the county clerk and draw in the same manner as at the first drawing 
such numbers of jurors as the court shall direct, to fill such panel, who 
shall be summoned in the same manner as the others, and, if necessary, 
jurors may continue to be so drawn and summoned from time to time 
until the panel shall be filled. In case a jury shall be required in any 
court of record for trial of any cause, before the panel shall be filled in 
the manner herein provided, the court shall direct the sheriff to sum- 
mon, from the bystanders, or from the body of the county, a sufiicient 
number of persons having the qualifications of jurors, as j)rovided in 
this act, to fill the panel, in order that a jury to try such cause may be 
drawn therefrom, and when such jury is drawn, the persons selected 
from the bystanders, or from the body of the county, to fill the panel, 
and not chosen on the jury, shaU be discharged from the panel, and 



JURORS. Ill 



those who shall be chosen to serve on such jury shall also be discharged 
from the panel at the conclusion of the trial : Provided^ that persons 
selected from the bystanders, as provided in this section, shall not 
thereby be disqualified or exempt from service as jurors, when regularly 
drawn by the clerk for that purpose, in the manner provided by this act. 

§ 13. When the panel has been filled by jurors drawn by the clerk, 
and summoned as provided in this act, and by reason of challenge, in 
the selection of a jury for the trial of any cause, or by reason of the 
the sudden sickness or absence of any juror, or for any cause, estcept 
when a juror shall be discharged from the panel, the panel shall be ex- 
hausted or incomplete, the court may direct the sheriff to summon from 
the bystanders, or from the body of the county, a sufficient number of 
persons, having the qualifications of jurors, to fill the panel- for the pend- 
ing trial. Any person who shall seek the position of a juror, or who 
shall ask any attorney or other officer of the court or other person to 
secure liis selection as a juryman, shall be deemed guilty of ^ contempt 
of court, and be fined not exceeding twenty dollars, and shall thereby 
be disqualified from serving as a juror for that term, and such fact shall 
be sufficient ground for challenge. Any attorney or party to a suit 
pending for trial at that term who shall request or solicit the placing of 
any person upon a jury, shall be deemed guilty of a contempt of the 
court and be fined not exceeding one hundred dollars, and the person 
so sou^^ht to be put upon the jury shall be disqualified to serve as a 
juror fi: that term of court. 

§ 14, It shall be a sufficient cause of challenge of a petit juror that 
he lacks any one of the qualifications mentioned in section two (2) of 
this act ; or that he has served as a juror on tie trial of a cause in any 
court of record in the county within one year previous to the time of 
his being offered as a juror, or that he is a party to a suit pending for 
trial in that court at that term. It shall be the duty of the court to dis- 
charge from the panel all jurors who do not possess the qualifications 
provided in this act, as soon as the fact is discovered : Provided, if a 
person has served on a jury in "a court of record within one year, he shall 
be exempt from again serving during such year, unless he waives such 
exemption: Provided, further, that it shall not be a cause of challenge 
that a juror has read in the newspapers an account of the commission 
of the crime with which the prisoner is charged, if such juror shall state 
on oath that he believes he can render an impartial verdict according to 
the law and the evidence, and that he has no fixed and definite opinion 
as to the guilt or innocence of the accused, which will require evidence 
to remove. 

§ 15. Everj" person who shall fail to attend when lawfully summoned 
to appear as a grand or petit juror as aforesaid, without having a rea- 
sonable excuse, shall be considered as guilty of a contempt, and shall 
be fined by the courts respectively, in any sum not less than five dollars 
nor more than one hundred dollars, for the use of the prox)er county, 
unless good cause be shown for such default ; and it shall be the duty 
of the court to order a writ of attachment, returnable forthwith, against 
all such delinquents, and upon the return thereof the court shall pro- 
ceed to assess said fine, unless the person or persons so attached shall 
show good cause for such delinquency : Provided, that the oath or affir-. 
mation of any such deUnquent shall at all times be received as com- 
petent e^ddence. 



112 JURORS. 



EMPANNELING- THE GRAND JURY. 

§ 16. A full panel of the grand jury shall consist of twenty-three 
persons, sixteen of whom shall be sufficient to constitute a grand jury. 

§ 17. After the grand jury is impanneled it shall be the duty cf the 
court to appoint a foreman, who shall have power to swear or affirm 
witnesses to testify before them, and whose duty it shall be, when the 
grand jury, or any twelve of them, find a bill of indictment to be sup- 
ported by good and sufficient evidence, to endorse thereon "a'true bill ;" 
where they do not find a bill to be supported hy sufficient evidence, to 
endorse thereon, "Not a true bill;" and shall in either case sign his 
name, as foreman, at the foot of said endorsement, and shall also, in 
each case in which a true bill shall be returned into court as aforesaid, 
note thereon the name or names of the witness or witnesses upon whose 
evidence the same shall have been found. 

§ 18. Before the grand jury shall enter upon the discharge of their 
duties, the following oath shall be administered to the foreman, to- wit : 
"You, as foreman of this inquest, do solemnly swear (or affirm, as the 
case may be), that you will diligently inquire into and true presentment 
make of all such matters and things as shall be given you in charge, or 
shall otherwise come to your knowledge, touching the present service ; 
you shall ijresent no person through malice, hatred or ill will ; nor shall 
you leave any unpresentecl, through fear, fa.vor or affection, or for any 
fee or reward, or for any hope or promise thereof; but in all of your 
presentments you shall present the truth, the whole truth, and nothing 
but the truth, according to the best of your skill and understaudng : so 
help you God." And the following oath or affirmation shall be adminis- 
tered to the other jurors, to- wit: "The same oath that A B, your fore- 
man, has just taken before you, on his part, you and each of yen shall 
well and truly keep and observe on your respective parts : so help you 
God." 

§ 19. ISTo grand jury shall make presentments of their own Iknowl- 
edge, upon the information of a less n amber than two of their own 
body, unless the juror giving the information is previously sworn as a 
witness, in which case, if the evidence shall be deemed sntticient, an in- 
dictment may be found thereon in like manner as upon the evidence of 
any other witness who may not be of the jury. 

§ 19 J. That the judge of any court of record of competent jurisdic- 
tion may order a special venire to be issued for a grand jury at any time 
when he shall be of opinion that jjublic justice requires it. The order 
for such venire shall be entered on the records of the court by the clerk 
thereof; and such clerk shall forthwith issue such venire under his hand 
and the seal of the court, and deliver the same to the sheriflt", who shall 
execute the summoning, in the manner now provided, or that may here- 
after be provided by law for summoning jurors, twenty-three persons, 
qualified by law, to constitute a grand jmy. Such venire shaU state the 
day on which such persops shall appear before the com-t. 

IMPANNBLING PETIT JURIES. ' 

§ 20. It shall be the duty of the clerk of the court, at the commence- 
ment of each week of the term, to write the name of each petit juror 
summoned and retained for that week on a separate ticket, and put the 
whole into a box or other place for safe keeping ; and as often as it shall 
be necessary to impannel a jury, the clerk, sheriff or coroner shall, in 



JUSTICES OF THE PEACE. 113 



the presence of the court, draw by chance twelve names out of such box 
or other place, which shall designate the twelve to be sworn on the jury, 
and in the same manner for the second jury, in their turn, as the court 
may order and direct. 

§ 21. Upon the impanneling of any jury in any civil cause now 
pending, or to be hereafter commenced in any court in this state, it shall 
be the duty of the court, upon request of either party to the suit, or 
upon its own motion, to order its full number of twelve jurors into the 
jurtf box, before either party shall be required to examine any of the 
said jurors touching their qualifications to try any such cause : Provided, 
that the plaintiff shall first be required to pass upon and accept four 
jurors, then the defendant shall pass upon and accept four jurors, and 
jmors shall continue to be selected in like manner until the panel is com- 
pleted. 

§ 22. So much of this act as applies to county boards shalt apply to 
the county court in counties not under township organization, until such 
county court shall be succeeded by the board of county commissioners. 

§ 23. The j)rovisions of this act shall apply to j)roceedings in both 
civil and criminal cases. 

§ 24. An act entitled "An act concerning jurors," approved April 10, 
1872, and all acts or parts of acts inconsistent herewith, are hereby re- 
pealed. , 

Approved May 7, 1873. 



JUSTICES OF THE PEACE. 



§ 1. Jurisdiction in counties. 

§ 2. Amend section 16, execution against security on bond. 
§ 3. Amend, section 46, jurors to he sworn; instructions. 
In force July 1, 1873. 

AN ACT to amend an act entitled "An act to provide for tlie election and qualification of justices 
of the peace and constables, and to provide for the jurisdiction and practice of justices of the 
peace in civil cases, and to ixs. the duties of constables, and to repeal certain acts therein named," 
approved April 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois^ repre- 
sented, in the General Assembly, That section thirteen (13) of said act be 
and the same is hereby amended to read as follows, to-wit : 

" § 13. Justices of the peace shall have jurisdiction in their respect- 
ive counties in the following cases, when the amount claimed does not 
exceed two hundred dollars : 

First — In actions arising on contracts, whether under seal or not, 
express or implied, for the recovery of money only. When the action 
is upon a bond, the amount to be recovered thereon, and not the penalty 
of the bond, shall determine the jurisdiction ; and when the payments 
are to be made by installments, an action maij be brought for any in- 
stallment as it shall become due. 



114 LANDS. 

Second — In actions for damages for injury to real property, or for 
taking, distraining, or injuring personal property. 

Third — In actions for rent, and distress for rent. 

Fourth — In actions against railroad companies, and any person or 
company controlling, operating or using any railroad in this state, for 
killing or injnring horses, cattle, sheep, hogs or other stock ; for loss of 
or injury to baggage or freight ; and for injury or damage to real or 
personal property caused by setting tire to the same by their engines, 
or otherwise. 

Fifth — In actions of replevin, when the value of the property claimed 
does not exceed two hundred dollars. 

Sixth — In actions for damages for fraud in the sale, purchase or ex- 
change of personal proj)erty, and in all cases where the action of debt 
or assumpsit will lie, if the damages claimed do not exceed two hundred 
dollars. This section shall apijly to claims originally exceeding two 
hundred dollars, if the same shall at the time of the rendition of the 
judgment be reduced by credits or deductions to an amount not exceed- 
ing two hundred dollars." 

§ 2. That section sixteen (16) of said act be amended to read as fol- 
lows, to-wit : " Such bond shall be signed by the securitj', and if the 
said plaintiff shall be cast in his suit, discontinue or make default, and 
shall. 'lot, within twenly days thereafter, pay to the justice all the costs 
that may have been occav ^oned to the defendant, to the justice and con- 
stable, jurors or witnesses, or perfect an appeal, the justice shall issue 
his execufi'op against the security for the amount thereof, accompanied 
"with a Di:i- c "^ costs, in which shall be set down every particular charged : 
Provided, that no bond for costs shall be required of any resident of this 
state, except in cmi tarn or other actions specially requiring bond by 
law." 

§ 3. That sectic'iii forty-six (46) of said act be and the same is hereby 
amended by striking out the proviso thereof, so as to read, as amended, 
as follows, to-wit : 

" § 46. Tbe juors ma;y be tried and sworn in the usual manner prac- 
ticed in courts of record, but they shall not be instructed as to tbe law 
by the justice, except as to the form of the verdict. Judgments shaU 
be entered by the justice in accordance with the verdict." 

Approved April 15, 1873. 



LANDS. 



§ 1. Auditor authorized to sell all internal improvement lands or lots. 
In force July 1, 1873. 

AN ACT to dispose of all [uns]old internal improvement lands or lots belonging to tbe state. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That it shall be aud is hereby made the 
duty of the auditor of public accounts to cause to be appraised by three 
disinterested freeholders, residing in the county where the lands or lots 
are situate, who shall report the value of the same to the auditor, veri- 



L,A]NfDg. 115 

fled by affidavit, all unsold internal improvement lands or lots, and offer 
the same at public sale, at the court house in the county seat of the 
county where the property is situated. Public notice of at least "three 
(3) weeks of any such public sale shall be published in at least one 
newspaper of the county in which the real estate is situated. Such real 
estate shall' be sold to the highest bidder, at not less than the appraised 
value. Any such real estate not sold at public sale, after being so of- 
fered, it shall be subject to private sale by the auditor at the appraised 
value. Deeds for such real estate shall be made by the governor, on 
the auditor's certificate of purchase, the same as deeds have heretofore 
been made for such real estate. 
Appeoved April 16, 1873. 



§ 1. Repeal act in force April 16, 1869 
In force July 1, 1873. 

AN" ACT to repeal an act entitled "An act in relation to a portion of tlie submerged lands and Lake 
Park grounds, lying on and adjacent to the shore of Lake Michigan, on the eastern frontage of the 
city of Chicago," in force April 16, 1869. 

Section 1. Be it enacted hy the People of tJie State of Illinois, repre- 
s&nfed in the General Assembly, That the act entitled " An act in rela- 
tion to a portion of the submerged lands and Lake Park grounds lying 
on and adjacent to the shore of Lake Michigan, on the eastern frontage 
of the city of Chicago," in force April 16, 1869, be and the same is here- 
by repealed. 

Approved April 15, 1873. 



§ 1. Duties of trustees. 
§ 2. Advertising sale of land. 

§ 3. Quantities offered not to exceed forty acres in one tract. 
§ 4. Trustees to convey hy deed. 

§ 5. Mandamus may issue where trustees fail or refuse to offer for sale. 
in force July 1, 1873. 

AlSr ACT to compel the trustees of the lands granted to the Illinois Central Kailroad Company to 

execute their trust. 

Whereas, by act of-congress, approved September 20, 1850, a grant 
of lands was made to this state for the purpose of aiding in the con- 
struction of a railroad from Chicago to Mobile, and between certain 
other points ; and whereas the general assembly of this state, by an act 
entitled "An act to incorporate the Illinois Central Eailroad Company," 
approved February 10th, 1851, incorporated the Illinois Central Eail- 
road Company, and granted to said company the said lands, with pro- 
vision that they should be conveyed to and held and sold by certain 
trustees provided for in said act; and it was provided among other 
things that the said lands should be exempt from all taxation under the 
laws of this state until sold and conveyed by the said corporation or 
trustees ; and whereas it was further expressly provided in said act, as 



116 LANDS. 

a part of the condition of said grant and said exemption from taxation, 
that all lands remaining unsold at the ex^jiration of ten years after the 
completion of the road of said company, and its branches as therein 
specified, should be offered at public sale annually until the whole should 
be disposed of, to the end that the same might become taxable at the 
earliest possible time after the expiration of that period ; and whereas 
the said road and branches have been completed for more than fourteen 
years, and large tracts of said lands remain unsold, and no proper effort 
is made by said company or said trustees to sell the same according to 
the true intent and meaning of said act, and thereby the state is de- 
prived of large Revenues which it ought to derive from the taxation of 
said lands, and the other owners of property in the vicinity of said lands 
are compelled to bear more than their proportion of the burden of tax- 
ation; therefore, 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That it shall be the duty of the trustees 
named in section fifteen of an act entitled "An act to incorporate the 
Illinois Central Eailroad Company," approved February 10th, 1851, or 
their successors in the trust in the said act mentioned, to offer at public 
sale annually aU the lands by the said act granted, and by the state con- 
veyed, or intended to be conveyed to the said Illinois Central Eailroad 
Company, and by said company conveyed, or intended to be conveyed, 
to the said trustees by deed, dated March 24th, 1851, and which remain 
unsold, until the whole are disposed of. And for the sake of securing 
the speedy and proper execution of their trust pursuant to said act, it is 
hereby made the duty of the said trustees and their successors, upon 
some day during the months of October and November, 1873, and dur- 
ing the months of April and May in each year thereafter, until all said 
lands are disposed of, to offer for sale at i)ublic vendue, at the court 
house in each county, all such lauds in such county then remaining un- 
sold : Provided, this act shall not be so construed as to prevent said 
trustees from selling any of said lands at private sale. 

§ 2. Before making any sale in any county under the provisions 
of this act, the trustees shall give public notice thereof, by advertise- 
ment in some newspaper published in the county where the land to be 
sold is situated, which advertisement shall contain a description of the 
land and notice of the time, terms and place of sale, and shall be pub- 
lished for at least four successive weeks prior to the first day of sale. 

§ 3. At every such sale in any county all the lands lying in such 
county shall be offered for sale in such quantities as will be most advan- 
tageous in promoting a fair sale thereof, and not exceeding forty acres 
in one tract, and shall be sold to the highest and best bidder or bidders 
therefor, and no such lands shall l)e withheld or withdrawn from sale so 
long as any one will bid therefor any sum not less than two dollars per 
acre. Said land shall be offered for sale in the order advertised, and 
when any tract is put up for sale the auctioneer or person selUng shall 
cry the same for at least five minutes. 

§ 4. Upon the making of any such sale the said trustees shall make 
and deliver to the purchaser or purchasers a deed of conveyance vesting 
the title to the land sold in such purchaser or purchasers so that the 
said land shall thereafter become immediately taxable : Provided, that 
when any such sale shall be made upon time, the said trustees may re- 
quire for the deferred payments note or notes, to be secured by mort- 
gage or deed of trust, in such form and upon such terms as may be 
deemed best. 



LANDLOKD AND TENANT. 117 

§ 5. In case the said trustees, or their successors, shall fail or refuse 
to offer the said lands for sale in good faith in the manner herein pro- 
vided, and sell the same to the highest and best bidder or bidders,wlien 
a sum not less than two dollars per acre shall be bid therefor, it shall 
be the duty of the attorney-general of this state to file in the supreme 
court of this state a petition praying the court for a mandamus to com- 
pel the said trustees and their successors in office to make sale pursuant 
to the terms of this act ; and the said trustees may be notified in the 
same manner as defendants m cases of mandamus are notified. And 
the said supreme court are hereby vested with jurisdiction to compel the 
said trustees to offer the said lands for sale, and sell and convey the 
same in the manner herein provided; or in case of neglect or refusal, to 
appoint one or more commissioners or masters in chancery to mak^ such 
sales and conveyances, and to fix the terms and times of sale, and gene- 
rally to make all orders in the premises which the court shall deem pro- 
per to insure the execution of their duties according to the true intent 
and meaning of said section seventeen of said act of incorporation, not 
inconsistent with the terms of this act. 

Approved March 28, 1873. 



LANDLORD AliD TENANT. 



§ 1. Action for rent. 

§ 2. Tenant or tenants holding over liable to double yearly value^ 

after demand is made. 

§ 3. Notice given by tenant; liable for double rent. 

§ 4. Rent six months in arrears^ plaintiff may he ejected. 

I 5. Notice to tenancy from year to year. 

§ 6. Notice to tenancy by the month. ■ 

§ 7. What notice to be given before suit. 

§ 8. Notice to terminate lease for failure to comply. 

§ 9. Form of notice when default is made. 

§ 10. What shall constitute service. 

§ 11. Notice shall be prima facie evidence. 

§ 12. No notice necessary. 

§ 13. Defining lease, as used in this act. 

1 14. Rights of assignees. 

§ 15. Rights of lessees of any lands. 

§ 16. Distress for rent; what property liable. 

§ 17. Where distress warrant to be filed. 

§ 18. Summons to issue. 

§ 19. Notice to he given as in cases of attachment 

§ 20. How suits shall he proceeded with. 

§21. Set-off. 

§ 22. Judgment shall be given. 

§ 23. Force and effect of judgment on summons. 

§ 24. Force and effect of judgment on notice. 

§ 25. Defendant may recover. 

§ 26. Property distrained may he released by giving bonds; when bond 

to he filed. 



118 LANDLORD AND TENANT. 

§ 27. Perishable property to he sold. 
§ 28. Mights limited. 
§ 29. Value of specific articles distrained. 
§ 30. Exemption from distress for rent. 
§ 31. Landlords^ lien upon crops. 
§ 32. Rights as against sub-lessee or assignee. 

§ 33. Duty of landlord when tenant abandons or removes from the 
premises. 
In force July 1, 1873. 

4 

. ' AN ACt to revise the law in relation to landlord and tenant. 

Section 1. Be it enacted by the People of the State of Illinois^ repre- 
sented in the General Assembly^ That the owner of lands, his executors 
or administrators, may sue for and recover rent therefor, or a fair and 
reasonable satisfaction for the use and occupation thereof, by action of 
debt or assumpsit, in any court of competent jurisdiction, in any of the 
following cases : 

First — When rent is due and in.arrear'on a lease for life or lives. 

Second — When lands are held and occupied by any x^erson without 
any special agreement for rent. 

Third — When possession is obtained under an agreement, written or 
verbal, for the purchase of the premises, and before deed given the right 
to possession is terminated by forfeiture or non-compliance with the 
agreement, and possession is wrongfully refused or neglected to be given 
upon demand, made in writing, by the party entitled thereto: Provided^ 
that all payments made by the vendee, or bis representatives or assigns, 
may be set off against such rent. 

Fourth — When land has been sold upon a judgment or a decree of 
court, when the j)arty to such judgment or decree, or person holding 
under him, wrongfully refuses or neglects to surrender possession of the 
same, after demand, in writing, by the person entitled to the possession. 

Fifth — When the lands have been sold upon a mortgage or trust deed, 
and the mortgager or grantor, or person holding under him, wrongfully 
refuses or neglects to surrender possession of the same, after demand, 
in writing, by the person entitled to the possession. 

§ 2. If any tenant or tenants for life, lives, or for a year, or any 
longer or shorter time, or any person or persons who are or shall come 
into possession of auy lands, tenements or hereditaments, by, from or 
under or by collusion with such tenant or tenants, shall willfully hold 
over any lands, tenements or hereditaments, after the expiration of such 
term or terms, and after demand made, in writing, for the j^ossession 
thereof, by his or their landlord or lessor, or the person to whom the re- 
mainder or reversion of such lands, tenements or hereditaments shall 
belong, such person or persons so holding over shall, for the time such 
landlord or rightful owner be so kept out of possession, pay to the per- 
son so kei)t out of possession, or his legal representatives, at the rate of 
double the yearly value of the lands, tenements or hereditaments s« de- 
tained, to be recovered by action of debt or otherwise, in auy court hav- 
ing cognizance of the same. 

§ 3. If any tenant shall give notice of his intention to quit the premi- 
ses by him holden, at a time mentioned in such notice, at which the ten- 
ant would have a right to quit by the lease, and shall not accordingly 
deliver up jiossession thereof, such tenant shall pay to the landlord or 
lessor double the rent or sum which would otherwise have been due, to 



LANDLORD AND TENANT. 119 

be collected in the same manner as the rent otherwise due should have 
been collected. 

§ 4. In all cases between landlord and tenant, where one-half year's 
rent shall be in arrear and unpaid, and the landlord or lessor to whom 
such rent is due has right by law to re-enter for non-payment thereof, 
such landlord or lessor may, without any formal demand or re-entry, 
commence an action of ejectment for the recovery of the demised premi- 
ses. And in case judgment be given for the plaintiff in such action of 
ejectment, and the writ of possession be executed thereon, before the 
rent in arrear and costs of suit be paid, then the lease of such lands shall 
cease and be determined, unless such lessee shall, by writ of error, re- 
verse the said judgment, or shall by bill, filed in chancery, within six 
months after the rendition of such judgment, obtain relief from the same : 
Provided, that any such tenant may, at any time before final judgpiuent 
on said ejectment, pay or tender to the landlord or lessor of the premi- 
ses the amount of rent in arrear, and costs of suit, and the proceedings 
on such ejectment shall thereupon be discontinued. 

^ 5. In all cases of tenancy from year to year, sixty days' notice, in 
writing, shall be sufficient to terminate the tenancy at the end of the 
year. The notice may be given at any time within four mouths prece- 
ding the last sixty days of the year. 

§ 6. In all cases of tenancy by the month, or for any other term less 
than one year, where the tenant holds over without special agreement, 
the landlord shall have the right to terminate the tenancy by thirty days' 
notice, in writing, and to maintain an action for forcible detainer or 
ejectment. 

§7. Where a tenancy is terminated by notice, under either of the 
two preceding sections, no further demand shall be necessary before 
bringing a suit under the statute in relation to forcible detainer or eject- 
ment. 

§ 8. The landlord or his agent may, at any time after rent is due, 
demand payment thereof, and notify the tenant, in writing, that unless 
payment is made within a time mentioned in such notice, not less than 
five days after the service thereof, the lease will be terminated. If the 
tenant shall not, within the time mentioned in such notice, pay the rent 
due, the landlord may consider the lease ended, and sue for the posses- 
sion under the statute in relation to forcible entrj^ and detainer, or main- 
tain ejectment without further notice or demand. 

§ 9. When default is made in any of the terms of a lease, it shall 
not be necessary to give more than ten days' notice to quit, or of the 
termination of such tenancy, and the same may be terminated on giving 
such notice to quit at any time after such default in any of the terms of 
such lease ; which notice may be substantially in the following form, viz : 

To A. B. : You are hereby uotified that in consequence of your default in (here insert the character 
of the default) of the premises now occupied by you, being, etc., (here describe the premises) I have 
elected to determine your lease, and you are herelsy notihed to quit and deliver up possession of the 
same to me within ten days of this date- (dated, etc.) 

To be signed by the lessor or his agent ; and no other notice or de- 
mand of possession or termination of such tenancy shall be necessary. 

§ 10. Any demand may be made or notice served by delivering a 
written or printed, or partly written and partly printed, copy thereof to 
the tenant, or by leaving the same with some person above the age of 
twelve years, residing on or in possession of the prendses ; and in case 
no one is in the actual possession of said premises, then by posting the 
same on the premises. 



120 LANDLORD AND TENANT. 

§ 11. WTieu any such demand is made or notice served by an officer 
authorized to serve process, his return shall be prima facie evidence of 
the facts therein stated, and if such demand is made or notice served by 
any iDerson, not an officer, the return may be sworn to by the person 
serving the same, and shall then be prima facie evidence of the facts 
therein stated. 

§ 12. When the tenancy is for a certain period, and the term expires 
by the terms of the lease, the tenant is then bound to surrender posses- 
sion, and no notice to quit or demand of possession is necessary. 

§ 13. The term " lease," as used in this act, shall include every let- 
ting, whether by verbal or written agreement. 

§ 14. The grantees of any demised lands, tenements, rents or other 
hereditaments, or of the reversion thereof, the assignees of the lessor of 
any demise, and the heirs and personal representatives of the lessor, 
grantee or assignee shall have the same remedies by entry action or 
otherwise, for the non-performance of any agreement in the lease, or 
for the recovery of any rent, or for the doing of any waste or other 
cause of forfeiture, as their grantor or lessor might have had if such re- 
version had remained in such lessor or grantor. 

§ 15. The lessees of any lands, their assigns or personal representa- 
tives, shall have the same remedy, by action or otherwise, against the 
lessor, his grantees, assignees, or his or their representatives, for the 
breach of any agreement in such lease, as such lessee might have had 
against his immediate lessor : Provided^ this section shall have no appli- 
cation to the covenants against incumbrances, or relating to the title or 
possession of the premises demised. 

DISTRESS FOR RENT. 

§ 16. In all cases of distress for rent, 'the landlord, by himself, his 
agent or attorney, may seize for rent any personal property of his tenant 
that may be found in the county where such tenant shall reside ; and in 
no case shall the property of any other person, although the same may 
be found on the premises, be liable to seizure for rent due from such 
tenant. 

§ 17. The person making such distress shall immediately file with 
some justice of the peace, if the amount of the claim is within his juris- 
diction, or with the clerk of a court of record of comj)etent jurisdiction, 
a copy of the distress warrant, together with an inventory of the property 
levied upon. 

§ 18. Upon the filing of such copy of distress warrant and inventory, 
the justice of the peace or clerk shall issue a summons against the 
party against whom the distress warrant shall have been issued, return- 
able as other summonses. 

§ 19. When it shall appear, by affidavit filed in the court where such 
proceeding is pending, that the defendant is a non-resident or has de- 
parted from this state, or on due inquiry cannot be found, or is concealed 
within this state, and the affiant shall state the place of residence of 
said defendant, if known, and if not known, that upon diligent inquiry 
he has not been able to ascertain the same, notice may be given, if the 
suit is before a justice of the peace, as in eases of attachment before 
justices, or if in a court of record, as in attachment cases in such courts. 

§ 20. The suit shall thereafter proceed in the same manner as in case 
of attachment before such coiu^t or justice of the peace : Provided^ that 
it shall not be necessary for the plaintiff in any case to file a declara- 



LANDLORD AND TENANT. 121 

tioii, but the distress warrant shall stand for a declaration and shall be 
amendable, as other declarations : Provided, that no such amendment 
shall in any way affect any liabilities that may have accrued in the exe- 
cution of such warrant. 

§ 21. The defendant may avail himself of any set off or other de- 
fense which would have been proi^er if the suit had been for the rent in 
any form of action and with like effect. 

§ 22. If the plaintiff" succeeds in his suit, judgment shall be given in 
his favor for the amount which shall appear to be due him, 

§ 23. When the defendant has been served with process or appears to 
the 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 property distrained, but also against the other pro])erty of 
the defendant. But the property distrained, if the same has not been 
replevined or released from seizure, shall be first sold. * 

§ 24, When publication of notice shall have been made, as provided 
in this act, but the defendant is not served with process and does not 
appear, judgment by default may be entered, ancl the x)laintiff may re- 
cover the amount due him for rent at the time of issuing the distress 
warrant, and a special execution shall issue against the property dis- 
trained, but no execution shall issue against any other proiDerty of the 
defendant. 

§ 25. If the judgment is in favor of the defendant, he shall recover 
costs and have judgment for the return of the jn'operty distrained, 
unless the same has been rej)levied or released from such distress. And 
if a set-off* is interposed and it appears that a balance is due from the 
plaintiff' to the defendant, judgment shall be rendered for the defendant 
for the amount thereof. 

§ 26. When any distress warrant has been levied, the person whose 
property is distrained may release the same by entering into bond in 
double the amount of the rent claimed, payable to the landlord, with 
sufficient sureties, to be ajjproved by the person making the levy, if the 
bond is tendered before the filing of a copy of the warrant, as provided 
in this act, or if after, by the clerk of the court in which, or justice of 
the peace before whom, the suit is pending, conditioned to pay whatever 
judgment the landlord may recover in the suit, with costs of suit. If 
the bond is taken before the filing of a copy of the distress warrant, 
such bond shall be filed therewith, and if taken after the filing of a 
copy of the distress warrant, it shall be filed in the court or with the 
justice where the suit is pending. 

§ 27. If any property distrained is of a perishable nature and in 
danger of immediate waste or decay, and the same is not replevied or 
bonded, the landlord or his agent or attorney may, upon giving notice 
to the defendant or his attorney, if either can be found in the county, 
or if neither can be found, without any notice, apply to the judge or a 
master in chancery of the court in which, or the justice of the peace 
before whom the suit is pending, describing the i)roperty, and sho wing- 
that the same is so in danger, and if such such judge, master or justice 
of the peace is satisfied that the ijroperty is of a perishable nature and 
in danger of immediate waste or decay, and if the defendant or his 
attorney is not served with notice, or does not appear, that he cannot 
be found in the county, he may issue an order to the person having pos- 
session of the property, directing the sale thereof ux)on such time and 
such notice, terms and conditions as the judge, master or justice of the 

—12 



122 LANDLORD AND TENANT. 

peace shall think for the best interests of the parties concerned. The 
money arising from such sale shall be deposited with the clerk of the 
court in which, or justice of the peace before whom the suit is pending, 
there to abide the event of the suit. 

§ 28. The right of the landlord to distrain the personal goods of the 
tenant, shall continue for the period of six months after the expiration 
of the term for which the premises were demised or the tenancy is ter- 
minated, 

§ 29. When the rent is payable wholly or in part in specific articles 
of property or products of the i)remises or labor, the landlord may dis- 
train for the value of such articles, products or labor. 

§ 30. The same articles of personal property which are, by law, 
exemx)t from execution, except the crops grown or gTOwing upon the 
demised premises, shall also be exempt from distress for rent. 

§ 31. Every landlord shall have a lien upon the crops grown or grow- 
ing upon the demised premises for the rent thereof, whether the same 
is i^ayable wholly or in part in money or specific articles of projierty or 
products of the premises or labor, and also for the faithful performance 
of the terms of the lease. Such lien shall continue for the period of six 
months after the expiration of the term for which the premises were 
demised. 

§ 32. In all cases when the demised premises shall be sub-let, or the 
lease is assigned, the landlord shall have the same right to enforce his 
lien against the sub-lessee or assignee, that he has against the tenant to 
whom the premises were demised. 

§ 33. When a tenant abandons or removes from the premises or any 
part thereof, the landlord or his agent or attorney may seize upon any 
grain or other crops grown or growing upon the premises or part 
thereof so abandoned, whether the rent is due or not. If such grain or 
other crops or any part thereof is not fully grown or matured, the land- 
lord or his agent or attorney shall cause the same to be properly cultiva- 
ted and harvested or gathered, and may seU and dispose of the same, 
and apx^ly the proceeds, so far as may be necessary, to compensate him 
for his labor and expenses, and to pay the rent : Frovided, the tenant 
may, at any time before sale of the property so seized, redeem the same 
by tendering the rent due and the reasonable compensation and expenses 
of the cultivation and harvesting or gathering the same, or he may re- 
plevy the property seized. 

§ 34. Chapter sixty of the Eevised Statutes of 1845, entitled " Land- 
■lord and Tenant," and chapter forty-three of the Eevised Statutes of 
1845, entitled " Forcible Entry and Detainer;" and an act entitled ''An 
act to extend the jimsdiction of justices of the peace and constables in 
actions of forcible entry and detainer or forcible detainer only," appro- 
ved February 25, 1845; and an act entitled "An act to amend an act 
entitled 'an act amendatory of the practice act,' appro veel February 16, 
1849," apj)roved February ]7, 1851; and an act entitled "An act to 
amend the sixtieth chapter of the Eevised Statutes entitled ' Landlord 
and Tenant,' " approved February 10, 1857; and an act entitled "An act 
to amend the statute in relation to forcible entry and detainer and land- 
lord and tenant," approved February 20, 1861 ; \ind an act entitled "An 
act in relation to landlord and tenant," approved February 21, 1861 ; 
and an act entitled "An act to amend chapter LX of the Eevised Stat- 
utes of 1845, entitled ' Landlords and Tenants,' " approved February 16, 
1865 ; and an act entitled "An act to amend chapter forty-three of the 



LIMITATIONS. 123 



Eevised Statutes entitled 'Forcible Entry and Detainer,'" approved 
February 16, 1865; and an act entitled "An act to amend an act entitled 
'an act to amend chapter forty-three of the Eevised Statutes entitled 
' Forcible Entry and Detainer,' ajiproved May 16, 1865," approved March 
5, 1867 ; and an act entitled "An act to amend the law of landlord and 
tenant," approved March 27, 1869 ; and all other acts and parts of acts 
inconsistent with the provisions of this act, or with the provisions of an 
act entitled '-An act in regard to forcible entry and detainer," approved 
April 10, 1872, are hereby repealed : Provided^ that this section shall 
not be so construed as to affect any rights existing or actions pending at 
the time this act shall take effect. 
Approved May 1, 1873. 

/ 



LIMITATIONS. 



§ 1. Amend section eighteen of an act ajjproved April 4, 1872. 
§ 2. When 7iew actions may be commenced. 
§ 3. Judgments may he revived 'hy scire facias. 
In force July 1, 1873. 

AN ACT to amend an act entitled "An act in regard to limitations," approved April 4, 1872, 

in force July 1, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, Section eighteen (18), of an act entitled 
"An act in regard to limitations," approved April 4, 1872, be and the 
same is hereby amended, so that it shall read as follows : 

"§ 18. If, when the cause of action accrues against a person, he is out 
of the state, the action may be commenced within the times herein 
limited, after his coming into or return to the state ; and if, after the 
cause of action accrues, he departs from and resides out of the state, 
the time of his absence is no part of the time limited for the commence- 
ment of the action. But the foregoing provisions of this section shall 
not apply to any case, when, at the time the cause of action accrued or 
shall accrue, neither the party against nor in favor of whom the same 
accrued or shall accrue, were or are residents of this state." 

§ 2. In any of the actions specified in any of the sections of said act, 
if judgment shall be given for the plaintiff, and the same be reversed 
by writ of error, or upon appeal ; or if a verdict pass for the plaintiff, 
and, upon matter alleged in arrest of judgment, the judgment be given 
against the j)laintiff ; or, if the plaintiff be non-suited, then, if the time 
limited for bringing such action shall have expired during the pendency 
of such suit, the said plaintiff, his or her heirs, executors, or adminis- 
trators, as the case shall require, may commence a new action within 
one year after such judgment reversed or given against the plaintiff, and 
not after. 

§ 3. Judgments in any court of record in this state may be revived 
by scire facias, or an action of debt may be brought thereon within 
twenty years next after the date of such judgment, and not after ; and 
the provisions of the foregoing section shall apply also to this section. 

Approved April 11, 1873. 



124 MANUFACTURERS. 



MANUFA C TUBERS. 



§ 1. To file in office of secretary of state and county cleric a description 

of the names and marlis used hy them. 
§ 2. Declared unlawful to refill^ traffic in or destroy any such. 
§ 3. Possession prima facie evidence. 
§ 4. Search warrant to issue on oath of oicner or agent. 
§ 5. How fines are disposed of. 
In force July 1, 1873. 

AN ACT to protect manufactiirers, bottlers and dealers in ale, porter, lager beer, soda, mineral water 
and other beverages, I'rom the loss of their casks, barrels, kegs, bottles and boxes. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That ail persons engaged in tlie manu- 
facture, bottling or selling of ale, porter, lager beer, socla, mineral water 
or other beverages, in casks, barrels, kegs, bottles or boses, with, 
their names or other marks of ownershii) stamped or marked thereon, 
may file in the office of the secretary of state, and also in the ofl&ce of 
the county clerk of the county in which such articles are manufactiu-ed, 
bottled or sold, a description of the names or marks so used by them, 
and cause the same to be x)rinted for six successive weeks in a weekly 
newspaper, printed in the English language, in counties where no daily 
newspaper is i^rinted or published ; and in counties where a daily news- 
paper is printed and published, the same shall also be published in a 
daily newspaper of general circulation, printed in the English language, 
six times a week, for six successive weeks, in counties where such articles 
are manufactured, bottled or sold. 

§ 2. It is hereby declared to be unlawful for any person or persons, 
hereafter, Avithout the written consent of the owner or owners thereof, 
to fill with ale, i3orter, lager beer, soda, mineral water or other beverage, 
or any other articles of merchandise, medicine, compound or prepara- 
tion, for sale or to be furnished to customers, any such casks, barrels, 
kegs, bottles or boxes so marked or stamped, or to sell, dispose of, buy 
or traffic in, or wantonly destroy any such cask, barrel, keg, bottle or 
box so marked or stamped by the owner or owners thereof, after such 
owner or owners shall have complied with the provisions of the hrst 
section of this act. Any person or persons who shall violate any of the 
provisions of this act shall be deemed guilty of a misdemeanor, aud 
upon conviction thereof before any justice of the peace or poUce magis- 
trate in this state, shall be fined five dollars for each and every cask, 
barrel, keg or box, and fifty cents for each and every bottle so by him, 
her or them filled, bought, sold, used, trafficked in or wantonly de- 
stroyed, or by him, her or them caused to be so filled, bought, sold, used, 
trafficked in or wantonly destroyed, together with the costs of suit for 
the first oflense, and ten dollars for each and every cask, barrel, keg aud 
box, aud one dollar for each and every bottle so filled, bought, sold, used, 
trafficked in or wantonly destroyed or caused to be so filled, bought, 
sold, used, trafficked in or wantonly destroyed, together with the costs 
of suit*for each subsequent offense. 

§ 3. The using by any other person than the rightful owner thereof, 
without such written permission, of any such cask, barrel, keg, bottle or 



MANUPACTUHERS. 125 



box, for the sale therein of ale, porter, lager beer, soda, mineral water 
or other beverage, or any other article of merchandise, medicine, com- 
pound or preparation, or to be furnished to customers, or the buying, 
selling or trafficking in any such barrel, cask, keg, bottle or box, by any 
person other than the owner, without such written permission, or the fact 
that any junk dealer or dealer in casks, barrels, kegs, bottles or boxes 
shall have in his or her possession any such cask, barrel, keg, bottle or 
box so marked or stamped and registered as aforesaid, without such 
written permission, shall and is hereby declared to be prima facie evi- 
dence that such use, buying, selling, trafficking in or possession is un- 
lawful, within the meaning of this act; and any person or persons found 
guilty of any such use, buying, selling, trafficking in or having in 
possession any such cask, barrel, keg, box or bottle, without si*ch writ- 
ten iDcrmission, shall be liable to be arrested and lined, as provided in 
the second section of this act ; and it is hereby declared to be the duty 
of any justice of the j)eace or police magistrate within this state, upon 
oath having been made in writing before him by any owner, or by the 
agent of any owner or owners, that any person has violated any of the 
provisions of this act, to immediately issue Ms warrant and cause such 
person or persons so accused to be brought before him, and proceed to 
try such accused party, as in cases of assault and battery ; and in case 
such accused party shall be found guilty of ha^dng 'violated any of the 
provisions of this act, shall assess the line as provided in the second 
section of this act ; such fine ^and costs to be collected as provided by 
law in other cases of misdemeanor. 

§ 4. In case the owner or owners of any cask, barrel, keg, bottle or 
box so marked, stamped and registered as aforesaid,. shall, in person or 
by agent, make oath in writing, before any justice of the peace or police 
magistrate, that he has reason to beheve and does believe that any manu- 
facturer or bottler of ale, j)orter, lager beer, soda, mineral water or other 
beverage, or any other ijerson, is using in any manner, by this act de- 
clared to be unlawful, any of the casks, barrels, kegs, bottles or boxes, 
of such person or his principal, or that any junk dealer or dealer in 
casks, barrels, kegs, bottles or boxes, or any other dealer, manufacturer 
or bottler has any such cask, barrel, keg, bottle or box secreted in, about 
or upon his or her or their premises, the said justice of the peace or 
police magistrate shall issue his search warrant and cause the premises 
designated to be searched, as in other cases where search warrants are 
issued, as is now provided by law ; and in case any such cask, barrel, 
keg, bottle or box, duly marked or stamped and registered as aforesaid, 
shall be found in, ui^on or about the j^remises so designated, the officer 
executing such search warrant shall thereupon arrest the person or per- 
sons named in such search warrant and bring him, her or them before 
the justice of the peace or police magistrate who issued such warrant, who 
shall thereupon hear and determine such case, and if the accused is 
found guilty, he, she or they shall be fined as provided in the second 
section of this act. 

§ 5. All costs incurred in the enforcement of the provisions of this 
act shall be assessed and collected in the same manner as in criminal 
cases, and all fines collected by virtue of this act shall be turned over 
by the justice of the peace or police magistrate collecting the same, in 
the same manner and for the same purpose as fines in cases of assault 
and battery are now by law disposed of. 

Approyed May 2, 1873. 



126 MINEES — MINOES. 



MINERS. 



§ 1. Amend section 6 of an act approved March 27, 1872, in regard to age 
and proof. 
In force July 1, 1873. 

AN ACT to amend section 6 of an act entitled 'An act providing for the health and safety of persons 
employed in coal mines," approved March 27, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That section six of said act be amended 
so as to read as follows : "Tlie owner or agent of every coal mine or col- 
liery, opened or operated by shaft or slope, shall provide a suitable 
means of signaling between the bottom and top thereof, and shall also 
provide a safe means of hoisting and lowering persons at the mines, 
with a sufficient cover over head, on every box or carriage used for hoist- 
ing purposes, for the iH'otection of persons so hoisted or lowered at the 
mines. And no young person, under twelve years of age, or woman, or 
girl of any age, shall be permitted to enter any mine to work therein. 
The neglect or refusal of any person or j^arty to perform the duties pro- 
vided for and required to be performed by sections four, five and six of 
this act, by the parties therein required to perform the same, shall be 
taken and deemed to be a misdemeanor committed by them, or any or 
either of them, and upon conviction thereof, they, or any or either of 
them, shall be punished by imprisonment or fine, at the discretion of 
the court trying the same ; subject, however, to the limitations as X)ro- 
vided by section ten of said act." 

Approved April 24, 1873. 



3n:N^OEs. 



§ 1. Amend an act approved February 22,' 1867. 
In force July 1, 1^1^. 

AN ACT to amend an act entitled 'An act to provide for the adoption of minors," approved Febniarv 

22, 1867. " 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That any minor child which may have 
been heretofore, or may hereafter be adopted by any person, in the 
manner prescribed by the act to which this is an amendment, or which 
may have been designated or declared to be the adopted child of such 
]XH^son in and by any deed, or last will and testament of the person so 
adopting, whci'eby any property may be or may ha^^e been given, be- 



NOTARIES PUBLIC. 127 



queathed or devised to such adopted child, shall, for all purposes of de- 
scent, inheritance and succession of property, be deemed and taken in 
law to be the child of the person so adopting, and all laws of descent 
and rules of inheritance shall apply to and govern the descent of any 
property which the child adopted may take or may have taken, by gift, 
devise, or descent, from the person so adopting, and the accumulations, 
income and x)rofits thereof; but the foregoing provisions of this act shall 
not apply to any property which the adopted person may take or may- 
have taken, by gift, devise, or descent, from the kindred by blood of 
such adopted person, nor to any property other than that which the 
adopted person may have taken, by gift, devise, or descent, from or 
through the person adopting, or his heirs or legal representatives, and 
the accumulations, income and profits thereof. * 

Approved April 25, 1873. 



N0TAEIE8 FUBLIG. 



§ 1. Amend section seven of an act approved April 5, 1872; official seal. 
§ 2. Legalise official acts heretofore done. 
In force July 1, 1873. 

AN ACT to amend, section seven of an act entitled "An act to provide for the appointment, qualili- 
cationand duties of notaries public, and certifying their oificial acts," approved April 5, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly , That section seven of an act entitled "An 
act to provide for the aj)pointment, qualification and duties of notaries 
public, and certifying their official acts," ajjproved April 5, 1872, be 
amended so as to read as follows, to-wit: . 

" Section 7. Each notary public shall, upon entering upon the duties 
of his 'office, provide hiniself with a proper official seal, with which he 
shall authenticate his official acts, upon which shall be engraved words 
descriptive of his office, and the name of the place or county in which 
he resides." 

§ 2. All notarial acts of notaries public in this state which may have 
been authenticated by a seal, as described in the first section of this 
act, prior to the time that this act shall take effect, shall be held good 
and vahd as if done and performed under this act. 

Approved May 1, 1873. 



128 OBSCENE LITERATUEE. 



OBSCENE LITERATURE. 



§ 1. Unlawful to have in possession or in any way to traffic in the same. 
§ 2. Express companies, common carriers, forhidden to carry or have in 

possession. 
§ 3. Duty of judge or justice of the peace. 
In force July 1, 1873. 

AN ACT for the suppression of the trade ir> and circulation of obscene literature, illustrations, adver- 
tisements and articles of indecent or immoral use, and obscene advertisements of patent medicines 
and articles for producing abortion. 

Section 1. Be it enacted hy the People of the State of I llinois, repre- 
sented in the General Assembly, If any i)erson shall sell, or offer to sell, 
or shall give away, or offer to give away, or have- iu his or her i^osses- 
siou, with or without intent to sell or give away, any obscene and inde- 
cent book, pamphlet, paper, drawing, lithograph, ^ngraving, dagueri-eo- 
type, photograph, stereoscopic picture, model, cast, instrument or article 
of indecent or immoral use, or medicine for procimng abortion, or shall 
advertise the same for sale, or write or cause to be written, or inint or 
cause to be printed, any circular, handbill, card, book, pamphlet, adver- 
tisement or notice of any kind, or shall give information orally, stating 
when, how or of wliom, or by what means any of the said indecent 
and obscene articles and things hereinbefore mentioned can be purchased 
or otherwise obtained, or shall manufacture, draw and expose, or di^aw 
with intent to sell, or to have sold, or print any such articles, every such 
person shall, on conviction thereof, be imprisoned in the county jail or 
city bridewell, not more than six mouths, or be fined not less than one 
hundred nor more than one thousand dollars for each offense. Said fine 
to be paid to the school fund of the county in which the said conviction 
is obtained. 

§ 2. If any person shall deposit or cause to be deposited in any post 
office within this Sjate, or place in charge of any express company, or 
pei'son connected therewith, or of an^^ common carrier, or other person, 
any of the obscene and indecent articles and things mentioned in the 
first section of this act, or any circular, hand-bill, card, advertisement, 
book, ])amphlet, or notice of any kind, or shall give oral information 
stating where, how or of whom such indecent and obscene articles or 
things" can be purchased or otherwise obtained in any manner, with the 
intent of having the same conveyed by mail or express, or in any other 
manner ; or if any person shall knowingly or mllfuUy receive the same 
with intent to carry or convey, or shall carry or convey the same by ex- 
press, or in any other manner (except in the United States mail); every 
person so offending shall, on conviction thereof, be subject, for each , 
offense, to the same fines and penalties as are prescribed in the said fii'st 
section of this act, for the offenses therein set forth, and said fine shall 
be divided and i>aid in the same manner as therein provided. 

§ 3. Any judge or justice of the peace is authorized, on complaint 
founded on "information and belief, supjiorted by oath or afiirmation, to 
issue a warrant, directed to the sheriff' of the county within which such 
complaint shall be made, or to any constable, marshal or police officer 
within said county, directing him, them, or any of them, to search for, 



PARKS. 129 

seize and take possession of sucli obscene and indecent books, papers, 
articles and things ; and said judge or justice of tbe peace shall trans- 
mit, inclosed and under seal, specimens thereof to the state's attorney of 
his county, and shall deposit within the county jail of his county, or such 
other secure place as to him shall seem meet, inclosed and under seal, 
the remainder thereof; and shall, upon the conviction of the person or 
persons offending under any of the provisions of this act, forthwith de- 
stroy, or cause to be destroyed, the remainder thereof so seized as afore- 
said, and shall cause to be entered upon the records of his court the fact 
of such destruction. 
Approved May 3, 1873. 



PARKS. 



§ 1. Authorised to levy and collect a three mill tax. 

§ 2. To he styled a '^ParTc TaxJ^ 

§ 3. Potvers and duties of commissioners and corporate authorities. 

§ 4. What officers shall constitute corporate authorities. 

§ 5. Commissioners to make separate estimates on sewers when within 

tico towns. 
§ 6. Owners of property permitted to connect private drains until servers. 
§ 7. Proceedings to acquire right of way for sewers. 
I 8. Collection of delinquent assessments. 
§ 9. Puties of county clerk and recorder of deeds. 
§ 10. Commissioners authorized to negotiate for extension of time in 

payments of contracts. 
§ 11. All improvements shall be tinder the immediate control of the com- 

sioners upon contracts. 
§ 12. Commissioners to connect pleasure ways, designate the lines and 

procure right of way hy condemnation or otherwise. 
§ 13. Commissioners shall make an annual report to hoard of auditors 

or legislative hody of toivn or city. 
§ 14. ]Sfo memher shall he interested in any sale or purchase of land^ 

contract for improvement^ or receive any competisation for 

personal services, ^xcept as provided in act creating such hoard. 
In force July 1, 1873. 

AN ACT in regard to the completion, improvement and management of public parks and boulevards, 
and to provide a more efficient remedy for the collection of delinqiient asaesaments. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That in any town which is now included 
within the limits of any city in this state, in which a board of park com- 
missioners shall now exist, having authority by law to acquire laud and 
the appurtenances in trust for the inhabitants of such town and of a 
division or part of such city, and for such parties or persons as may 
succeed to the rights of such inhabitants, and for the pubUc as public 
promenade and pleasure grounds and ways, but not for any other use 
or purpose, without the consent of a majority by frontage of the owners 

—13 



130 PARKS. 

of the property fronting tlie same, and without the power to sell, alien- 
ate, mortgage or incumber the same, the corporate authorities of such 
town shall have the power to levy and collect, annually, a tax not ex- 
ceeding three mills on the dollar of the taxable property' in such town, 
according to the valuation of the same as made for the purposes of state 
and coimty taxation, to be used and expended by such park commis- 
sioners in governing, maintaining and improving such parks and boule- 
vards or pleasure ways, and paying other necessary and incidental ex- 
penses incurred in and about the management of such i^arks and 
boulevards. 

§ 2. Such board of park commissioners shall, annually, on or before 
the first day of August in each year, transmit to the corjDorate authori- 
ties of such town an estimate, in writing, of the rate or i^ercentage of 
tax necessary to raise money sufl&cient to pay the cost of governing, 
maintaining and improving such parks and boulevards and the other 
necessary and incidental expenses to be incurred in and about the man- 
agement of such parks and boulevards during the next succeeding year ; 
and the corporate authorities of such town, if they, or a majority of 
them, decide to levy such tax, shall immediately certiiy to the county 
clerk of the county in which such town shall be located, the rate or per- 
centage of tax by them levied for the purposes herein provided, and it 
shall be and is hereby made the duty of the county clerk to whom such 
estimate shall be furnished, to set down in the general tax warrant of 
the year for the collection of state and county taxes, in a separate col- 
umn, to be styled a "park tax," a tax in amount equal to the sum re- 
sulting from the rate or percentage so le^ded by said town ofl&cers, upon 
the real and personal property within such town, according to the 
assessment roll as returned for the purposes of state and county tax- 
ation next preceding the estimate herein authorized, and shall set down 
in each column the amount of tax chargeable to the several persons, 
corporations, lots or parcels of land liable for taxes in such town accord- 
ing to such rate or i3ercentage, and the collector shall proceed to collect 
the same in such manner as is now or may hereafter be in'ovided by law 
for the collection of state and county taxes ; and provisions of law in 
respect to collection of state and county taxes, and jiroceedings to en- 
force the same, which are now in force, or which may be hereafter 
enacted, so far as applicable, shall apply to said taxes ; and as fast as 
such tax shall be collected by the collector or other officer receiving the 
same, it shall be paid over to such board of park commissioners, on the 
joint receipt of the president and treasurer of such commissioners, or 
such other officer of such board of commfcsioners as they may appoint to 
receive the same. 

§ 3. In case such board of j)ark commissioners shall desire to im- 
prove any boulevard or x)leasure way under their control, or any part 
thereof, or if such commissioners shall deem it necessary, for drainage 
purjioses, to construct a sewer or sewers through any lands or streets 
not under their control, to connect with any natural or artiiicial outlet, 
they shall make plans and sjjeciflcations for such contemplated im- 
provement. In case such contemplated improvement is the construction 
of a sewer, they shall carefully designate the line thereof, and shall pre- 
pare estimates of the cost of such contemplated improvemeut, and 
transmit such plans, specifications and estimates to the corporate au- 
thorities of the town where such improvement Avill be situated. Such 
corporate authorities may, upon the receipt of such plans, specifications 



PAUKS. 131 

and estimates at their next meeting, whether the same be a regular or 
special meeting, or at any succeeding meeting, or at a special meet- 
ing called for that purpose, determine by ordinance, to be entered 
upon the records of such town, whether such im^jrovement shall be 
made or not ; if they shall determine to make the same, they shall also 
prescribe that the same shall be made by special assessment or special 
taxation of contiguous property : Provided, that the tax authorized by 
section one of this act shall not exceed the sum of one hundred thou- 
sand dollars, annually. If such ordinance shall provide that such im- 
provement shall be wholly or in part made by special assessments, they 
shall direct the supervisor of such town to file a petition in the-name of 
the town, iu the county court of his county, for proceedings to assess 
the cost of such improvement 5 such petition shall recite the ordinance 
for the proposed improvement, and the plans, specifications and esti- 
mates of the cost thereof, and pray that the cost thereof may be assessed 
in the manner prescribed by law. The proceedings to levy and collect 
such assessment subsequent to the filing of such petition, shall in all 
things, as near as may be, conform to the provisions of article nine (9) 
of an act of the general assembly of this state, entitled " An act to pro- 
vide for the incorporation of cities and villages," approved April 10, 
1872, and all of the provisions of said article nine, so far as applicable, 
shall be in force and apply to any assessment made under this act. The 
clerk of such town shall perform the duties and possess the powers 
which are conferred upon the clerks of cities and villages under said 
article nine : Provided, that no improvement or sewer shall be made or 
constructed under the provisions of this section, except upon the petition 
of the owners of a majority of the land fronting on the proposed im- 
provement or sewer: Provided, further, that no sewer shall be con- 
structed under this act through any streets belonging to any incorporated 
city, or to connect with any sewers within any such city, unless the 
assent of the common council or board of public works of such city 
having control of the streets and sewers of such city shaU be first ob- 
tained thereto. 

§ 4. Be it further enacted, That the town supervisor, clerk and asses- 
sor of such town be and they are hereby designated and constituted the 
corporate authorities of such town, and they, or a majority of them, 
may levy the tax or any of the assessments herein authorized, in the 
manner and for the purposes herein provided, except in towns or villa- 
ges which may have, or which shall hereafter become organized as a 
town or village under any law of this state, in which case the board of 
trustees of such town, so organized as a village, may levy the tax, or 
any of the assessments herein authorized, in the manner and for the 
purposes herein authorized. 

§ 5. In case any sewer or sewers, located as designated in the fore- 
going section, shall be located in part in two or more towns, such com- 
missioners shall make estimate of the cost of the portion of such sewer 
or sewers lying within each town, separately, and shall transmit to the 
proper town the cost of such sewer or sewers lying and being in such 
town. 

§ 6. Such sewer or sewers shall be so constructed as to permit own- 
ers of j)roperty on the line of the same to connect private drains or 
sewers therewith, under such rules and regulations as the board of pub- 
lic works or other proper authority of the city or town may prescribe, 



132 PARKS. 

and the same shall be constructed, as near as can be, in conformity to 
any general plan of sewerage in use in such town. 

§ 7. In case of the construction of any sewer or sewers under the 
provisions of this act, over or through any lands not under the control 
of such board of park commissioners, if the consent of the owner of the 
same cannot be obtained, the proceedings to acquire the right of way 
and for making just compensation therefor shall be in accordance with 
the pro^T-sions of said article nine (9), referred to in section three (3) in 
this act. The petition therein provided for shaU be filed in the name of 
the town, and the proceedings shall, in all things, as near as may be, 
conform to the provisions of said article nine, and all of the provisions 
of said article, so far as applicable, shall apx)ly to and be in force in pro- 
ceedings under this act. 

§ 8. If any assessment or assessments made by assessors appointed 
by the circuit court upon the application of such board of i^ark commis- 
sioners, shall, for any cause, fail to be collected in whole or ui part, such 
commissioners may, at any time within five years after the confirmation 
of such assessment or assessments, file a petition in the county coiu^t of 
their county, setting forth briefly the nature of the improvement or pur- 
jjose for which such assessment or assessments were made, and the total 
cost of such imi)rovement, the gross amount of such assessment or as- 
sessments, a description of the real estate, lots or parcels of land upon 
which such assessment or assessments remain unpaid, the amount as 
assessed against each piece or i)arcel of land so remaining unpaid, the 
date of confirmation of such assessment or assessments, and the name 
or names of the person or persons filing objections for such lots or parcels 
of land at the time of such confirmation, or at any other time diu-ing the 
proceedings had to collect such assessment or assessments, if known to 
such commissioners, and the names of persons who are interested in such 
lots or parcels of land, as purchasers or otherwise, as shown by the records 
of the county or by an abstract of such records, prajdng the court to sum- 
mon such person or persons into court, to answer such petition, and 
to receive, stand by and abide such order as the court shall make in 
the premises : Provided^ that any failure to procure the names of all the 
persons interested in such lots shall not hinder or delay the proceeding 
hereby authorized against those who are made i:)arties. Upon filing 
such petition, the clerk shall issue a summons, directed to the sherift" of 
the county where such person or persons, or any or either of 
them, shall reside or be found, which shall be served in the same man- 
ner as writs in chancery ; and in case any such person or persons so named 
in such summons cannot be found, or reside out of this state, or shaU 
absent himself or herself from this state, so that summons cannot be 
served, it shall be lawful, upon filing an affidavit of such fact, to cause 
notice to such person or persons to be published and served as in chan- 
cery proceedings, which notice shall be held and construed in all coiu'ts 
and proceedings as sufficient service upon such person or persons. The 
hearing of such petition, and the determining of the matters therein al- 
leged, shall have and take precedence over all other cases upon the 
dockets of such court ; and such court shall at once (miless good cause 
for delay be shown) proceed to hear and determine the allegations in 
such petition contained. The said commissioners may introduce any 
evidence which shall tend to establish the allegations in such petition 
contained : Provided., that the original or certified copy of the original 
assessment roll, or so much thereof as refers to the special assessment 



PARKS. 133 

sought to be recovered, shall be prima facie evidence of the right of such 
petitioners to judgment according to the prayer of such petition. If 
either party shall demand that the matters in such petition shall be tried 
by a jury, the court shall order a jury to bo imijanneled as in cases at 
law; and such jury, under the direction of the court, (or, in case neither 
party shall demand a jury, the court) shall hear such proofs and witnesses 
as the respective parties may offer, and shall determine all questions of 
fact which shall be involved in the proceedings ; and may upon such trial 
ascertain and find the sum or amount which each piece or parcel of land 
upon which such assessment or assessments remain unpaid, ought fairly 
and equitably to be assessed, having regard to the proportion of special 
benefits resulting to each separate piece or parcel of land benefited, after 
deducting the payments, if any, which shall have been made upon several 
lots and parcels of land : Provided^ that in no assessment or proceeding 
under any of the provisioDS of this act shall the amount of any assessment 
upon any lot or piece of land exceed the amount of special benefits re- 
sulting to each piece or lot of land. Upon such finding, the court shall 
enter an order or decree declaring the amount so found to be a valid 
lien and assessment upon such lots or parcels of land. Such order or 
decree shall be prima facie evidence of the regularity of all previous pro- 
ceedings necessary to the validity thereof, and all matters therein reci- 
ted as having been heard and adjudged by said court. It shall be the 
duty of the clerk of such court to make a copy of such order or decree, 
properly certified, and tile the same in the ofilice of the county clerk of 
such county ; and it shall be the duty of the county clerk of such county, 
in the next warrant thereafter issued for the collection of state and 
county taxes in the town in which the pro]3erty against which such de- 
cree has been entered, or any part thereof, is situated, to set down in a 
column for that purpose provided, opposite the several pieces and par- 
cels of real estate included in such order or decree, the amount assessed 
upon the same by such order or decree ; and it shall thereui)on be the 
duty of the collectors of taxes to collect said assessments and enforce the 
payment thereof in the same manner, and with all the rights, powers 
and authority that they have to collect state and county taxes ; and all 
the provisions of law in respect to the collection of state and county 
taxes, and proceedings to enforce the same, which are now in force, or 
which may be hereafter enacted, so far as applicable, shall apply to such 
assessments. In proceedings under this section, either party, on leave of 
the court, may amend any of the proceedings, upon such terms as the 
court shall deem equitable ; and it shall be lawful for such commission- 
ers to include in such petition all of the lots, pieces or parcels of land in- 
cluded in any assessment or assessments which are delinquent, whether 
such lots are owned by one person or by several persons, or such com- 
missioners may proceed by separate petition against each owner, or 
against each separate lot or tract of land. And the property may be 
described as the same was described in the original assessment, or by 
any subdivision which may have been made of the same subsequent to 
the making of such assessment. The proceedings herein authorized for 
the collection of delinquent assessments shall be held and construed as 
additional to, and not in limitation of, any proceedings now authorized 5 
and such commissioners may proceed under any laws in force for the 
collection of such delinquent assessments ; and lands shall be held and 
considered as delinquent, within the meaning of this act, which have not 
actually paid the a.mount of the assessment or assessments made on 



134 PARKS. 

such lands, it being the intention hereby to authorize proceedings to as- 
certain and collect the amount or proportion which any lot, tract or 
parcel of land should fairly contribute or pay toward the actual cost of 
any improvement or jiurpose for which any such assessment or assess- 
ments shall have been or shall be made ; and to this end the county 
court of the proper county is hereby vested with the power and authori- 
ty to make all needful rules and orders iii any proceeding under this 
act, not herein provided, for the accomx)lisliment of the iDurposes 
aforesaid. 

§ 9. It shall be the duty of the clerk of the county court to which 
any lots, pieces or parcels of land shall be returned as delinquent for 
any assessment referred to in this act, after any sale shall have been 
made, and the warrant for such sale shall have been returned, to make 
a complete list of the lots, pieces or parcels of land against which any 
such assessment shall have been set aside, or the collection of which 
shall have been suspended by appeal or otherwise,. and shall certify the 
same under the seal of the court, and deliver the same to the recorder 
of deeds of his county, and the recorder of the county shall record the 
same, which record shall be held and construed as sufficient notice to 
all purchasers and encumbrances of the existence of such assessment, 
for the full period of five years from the confirmation of the original 
assessment. 

§ 10. In all cases in which such board of park commissioners shall 
have contracted with owners of x^roperty, taken or i)urchased for any 
l)ark or boulevard, for annual payments, and the tax or assessment 
levied to meet such payments shall not be collected or paid in time to 
meet such payments as they become due, it shall be lawful for such 
board of park commissioners to negotiate and procm-e an extension of 
the time of payment of such contracts for such x^eriod as may be agTeed 
ux>on by the parties, and may contract to pay interest from the time so 
extended, at a rate not exceeding eight per cent, x^er annum, payable 
annually, and may use and apply any funds under their control to pay 
such obligations when due, and the interest as the same accrues, except 
money raised by sx^ecial assessment to build or construct sewers or im- 
X>rove boulevards. 

§ 11. All imx^rovements made under the x>i"ovisions of this act shall 
be done under the immediate sux^erintendence and control of such board 
of x>ark commissioners, upon contracts to be made with them ; and all 
moneys collected under any proceedings authorized by this act shall be 
Xiaid to such commissioners by the person or officer collecting the same, 
on the joint receix^t of the treasurer and x>resident of such board of 
X)ark commissioners, or such other officer as they may designate, except 
in towns or villages organized as towns or \illages, in which case the 
money shall be x^aid by the treasiu-er of such town or village to the con- 
tractor or person entitled to receive the same, on the order of such x)ark 
commissioners. 

§ 13. Be it further enacted. That in cases where, by vktue of an act 
or acts heretofore x^assed, public parks or boidevards have been desig 
nated or established in two or more towns contiguous to each other, and 
where the commissioners, authorized by such act or acts to locate such 
X)arl^s or boulevard, shall desire to connect the same by a boulevard or 
X)leasure-way so as to form a contiguous improvement, or shall desire to 
connect such park, with other portions of the x^ark disti^ict in which 
such park is located by boulevard or x^lcasure-way, it shall and may bo 



RAILROADS. 135 



lawful for sucli commissioners to select and designate the line of such, 
boulevard or pleasure- way, and to acquire title to the lands which may 
may be necessary to make such connection, by purchase or otherwise ; 
and in case such commissioners cannot agree with the owner or owners, 
lessee or occupant of any of the real estate so selected, they may pro- 
ceed to procure the condemnation of the same in such manner as is now 
or may be prescribed by any general law for the condemnation of lands 
for public use ; and the cost and expense of acquiring title to such land 
shall be levied upon and collected by special assessment upon the prop- 
erty deemed specially benefited by the location of such boulevard or 
pleasure- way, in the same manner as the costs of other lan^s for parks 
and boulevards is assessed under the several acts creating such boards ; 
and such boulevard or pleasure-way shall be under the control and 
management of such park commissioners, the same as other pubhc 
grounds by them established. 

§ 13. The said park commissioners shall annually, on or before the 
15th day of March of each year, make a report to the board of auditors of 
their respective towns, and to the legislative body of the town or city 
in which said parks are located ; and shall particularly set forth, in such 
report, the amount of money by them received from all sources during 
the preceding year, and how the same has been expended. 

§ 14. ISTo member of such board of park commissioners shall be di- 
rectly or indirectly interested in the purchase or sale of any park lands, 
or in any contract for the improvement of any park, or shall receive 
any compensation for personal services, except, and only such as pro- 
vided by the act creating such board of park commissioners ; and for a 
violation of this section the commissioner offending shall forfeit his 
office, and the vacancy shall be filled in same manner as other vacan- 
cies. 

§ 15. Be it further enacted, That an act entitled " 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 comihissioners, and limiting the period 
within which they may be paid salaries," approved June 16, 1871, be 
and the same is hereby repealed : Provided, that any tax levied mider 
such act shall not be imi^aired by such repeal, but the same shall be 
and remain in full force and effect, as to such tax. 

Approved May 2, 1873. 



BAILBOABS. 



§ 1. More than a fair and reasonable rate declared, extortionate. 

§ 2. Unjust discrimination in rates declared a violation of this act. 

§ 3. Discriminating rates, charges, collections, or receipts, directly or by 
rebate, draicback or other shift or evasion, to be prima facie evi- 
dence of unjust discrimination. 

§ 4. Penalty for extortion or unjust discrimination, 

§ 5. Fines — hoic recovered. 



136 RAILEOADS. 



§ 6. Any person or corporation offended against may recover three times 

the amount of damages and attorney's fee. 
§ 7. Duties of railroad and icarehouse commissioners. 
I 8. Railroad and ivareliotise commissioners to maJce schedule for each 

railroad in this state. 
§ 10. Rules of evidence— fines recovered — remedies cumulative — suits shall 

have precede^ice. 
§ 11. Defining " railroad " as used in this act. 
In force July 1, 1873. 

AN ACT to prevent extortion and iinjust discrimination in the rates cliarged for the transportation 
of passengers and freights on railroads in this state, and to punish the same, and presciihe a 
mode of procedure and rules of evidence in relation thereto, and to repeal an act entitled "An act 
to prevent unjust discriminations and extortions in the rates to he charged by the ditferent railroads 
in this state for the transportation of freights on said roads," approved April 7, A. D. 1871. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : If any railroad corporation, organized 
or doing business in this state under any act of incorijoration, or gen- 
eral law of this state, now in force or which may hereafter be enacted, 
or any raih-oad corporation organized or which may hereafter ])e organ- 
ized under the laws of any other state, and doing Ibusiness in this state, 
shall charge, collect, demand or receive more than a fair and reasonable 
rate of toll or compensation, for the transportation of passengers or 
freight, of any description, or for the use and transportation of any 
raih^oad car upon its track, or any of the branches thereof, or upon any 
railroad within this state which it has the right, license, or i)ermission 
to use, operate, or control, the same shall be deemed guilty of extortion, 
and upon con\iction thereof shall be dealt with as hereinafter provided. 

§ 2. If any such railroad corporation aforesaid shall make any un- 
just discrimination in its rates or charges of toll, or compensation, for 
the transportation of passengers or freight of any description, or for the 
use and transportation of any railroad car upon its said road, or upon 
any of the branches thereof, or upon any railroads connected therewith, 
which it has the right, license, or permission to operate, control or use, 
within this state, the same shall be deemed guilty of having violated 
the iirovisions of this act, and upon conviction thereof shall be dealt 
with as hereinafter provided. 

§ 3. If any such railroad corporation shall charge, collect, or receive, 
for the transportation of any passenger, or freight of any description, 
upon its railroad, for any distance, within this state, the same, or a 
greater amount of toll or compensation than is at the same time charged, 
collected, or received for the transportation, in the same direction, of 
any i^assenger, or like quantity of fi'eight of the same class, over a 
greater distance of the same railroad 5 or if it shall charge, collect, or 
receive, at any point upon its railroad, a higher rate of toll or compen- 
sation for receiving, handling or dehvering freight of the same class 
and quantity, than it shall, at the same time, charge, collect, or receive 
at any other point upon the same railroad ; or if it shall charge, collect, 
or receive for the transportation of any xjassenger, or freight of any de- 
scrii)tion, over its radroad, a greater amount as toll or compensation 
than shall, at the same time, be charged, collected, or received by it for 
the transportation of any ]>assenger, or like quantity of freight of the 
same class, being transported in the same direction, over any portion of 
the same railroad, of equal distance; or it" it shall charge, collect, or re- 
ceive from any person or persons, ai higher or greater amount of toll or 



EAILROADS. 137 



compensation tlian it shall, at tlie same time, charge, collect, or receive 
from any other person or persons for receiving, handling, or delivering 
freight of the sauie class and like quantity, at the same point upon its 
railroad 5 or if it shall charge, collect, or receive from any person or 
persons, for the transportation of any freight ui^on its railroad, a higher 
or greater rate of toll or compensation than it shall, at the same time, 
charge, collect, or receive from any other person or persons, for the tran- 
sportation of the like quantity of freight of the same class, being tran- 
sported from the same point, in the same direction, over equal distances 
of the same raihoad ; or if it shall charge, collect, or receive from any 
person or i3ersons, for the use and transportation of any raiilroad car or 
cars upon its railroad, for any distance, the same or a greater amount 
of toll or comiDcnsation than is at the same time charged, collected, or 
received from any other person or persons, for the use and transporta- 
tion of any railroad car of the same class or number, for a like purpose, 
being transported in the same direction, over a greater distance of the 
same railroad ; or if it shall charge, collect, or receive from any person 
or persons, for the use and transportation of any railroad car or cars 
upon its raih'oad, a higher or greater rate of toll or compensation 
than it shall, at the same time, charge, collect, or receive from any 
other person or persons, for the use and transportation of any rail- 
road car or cars of the same class or number, for a like purpose, being 
transported from the same point, in the same direction, over an equal 
distance of the same railroad ; all such discriminatiag rates, charges, 
collections or receipts, whether made directly, or by means of any rebate, 
drawback, or other shift or evasion, shall be deemed and taken, against 
such railroad corporation, as prima facie evidence of the unjust dis- 
criminations prohibited by the provisions of this act, and it shall not be 
deemed a sufficient excuse or justification of such discriminations on the 
part of such railroad corporation, that the railway station or point at 
which it shall charge, collect, or receive the same or less rates of toll or 
compensation, for the transportation of such passenger or freight, or 
for the use and transportation of such railroad car the greater distance, 
than for the shorter distance, is a railway station or x^oint at which there 
exists competition with any other railroad or means of transportation. 
This section shall not be construed so as to exclude other evidence tend- 
ing to show any unjust discrimination in freight and j)assenger rates. 
The provisions of this section shall extend and apply to any railroad, 
the branches thereof, and any road or roads which any railroad corpo- 
ration has the right, license, or i^ermission to use, operate, or control, 
wholly or in part within this state : Provided, however, that nothing 
herein contaiaed shall be so construed as to prevent railroad corpora- 
tions from issuing commutation, excursion or thousand-mile tickets, as 
the same are now issued by such corporations. 

§ 4. Any such railroad corporation guilty of extortion, or of making 
any unjust discrimination as to passenger or freight rates, or the rates 
for the use and transportation of railroad cars, or in receiviag, handling 
or deUvering freights, shall, upon conviction thereof, be fined in any 
sum not less than one thousand dollars ($1,000), nor more than five 
thousand dollars (|5,000), for the first offense ; and for the second of-^ 
fense not less than five thousand dollars ($5,000), nor more than ten* 
thousand dollars ($10,000), and for the third offense not less than ten 
thousand dollars ($10,000) nor more than twenty thousand dollars 
($20,000); and for every subsequent offense and conviction thereof, 
—14 



138 EATLROADS. 



sliall be liable to a fine of twenty-five thousand dollars ($25,000) : Pro- 
mded, that in all cases under this act either party shall have the right 
of trial by jury. 

§ 5. The fines hereinbefore provided for may be recovered in an ac- 
tion of debt, in the name of the People of the State of Illinois, and 
there may be several counts joined in the same declaration as to extor- 
tion and unjust discrimination, and as to passenger and freight rates, 
and rates for the use and transportation of railroad cars, and for receiv- 
ing, handling or deUvering freights. If, upon the trial of any cause in- 
stituted under this act, the jury shall find for the people, they shall 
assess and return with their verdict the amount of the fine to be imposed 
upon the defendant, at any sum not less than one thousand dollars 
($1,000) nor more than five thousand dollars ($5,000), and the court shall 
render judgment accordingly ; and if the jury shall find for the people, 
and that the defendant has been once before convicted of a violation of 
the i^ro visions of this act, they shall return such finding with their ver- 
dict, and shall assess and return with their verdict the amoimt of the 
fine to be imposed upon the defendant, at any sum not less than five 
thousand dollars ($5,000) nor more than ten thousand dollars ($10,000), 
and the court shall render judgment accordingly; and if the jiuy shall 
find for the people, and that the defendant has been t^^ace before con- 
^icted of a violation of the provisions of this act, with respect to extor- 
tion or ujijust discrimination, they shall return such finding with their 
verdict, and shaU assess and return with their verdict the amoimt of 
the fine to be imposed upon the defendant, at any sum not less than ten 
thousand dollars ($10,000) nor more than twenty thousand dollars 
($20,000); and in like manner for every subsequent offense and convic- 
tion, such defendant shall be liable to a fine of twenty-five thousand 
dollars ($25,000) : Provided^ that in all cases under the provisions of 
this act, a preponderance of evidence in favor of the people shall be 
sufficient to authorize a verdict and judgment for the people. 

§ 6. If any such railroad corporation shall, in violation of any of 
the provisions of this act, ask, demand, charge or receive of any person 
or corporation any extortionate charge or charges for the transporta- 
tion of any passengers, goods, merchandise or property, or for receiving, 
handhng or dehvering freights, or shall make any unjust discrimination 
against any person or corporation in its charges therefor, the person or 
corporation so offended against may, for each oflense, recover of such 
railroad corporation, in any form of action, three times the amount of 
the damages sustained by the party aggrieved, together ^ith cost of 
suit and a reasonable attorney's fee, to be fixed by the court where the 
same is heard, on appeal or otherwise, and taxed as a part of the costs 
of the case. 

§ 7. It shall be the duty of the railroad and warehouse commission- 
ers to personally investigate and ascertain whether the provisions of 
this act are ^iiolated by any railroad corporation in this state, and to 
visit the various stations upon the line of each railroad for that purpose, 
as often as practicable: and whenever the facts, in any manner ascer- 
tained by said commissioners, shall in their judgment warrant such 
prosecution it shall be the duty of said commissioners to immediately 
cause suits to be commenced and prosecuted against any raikoad corpo- 
ration which may violate the provisions of this act. Such suits and 
l)rosecutions may be instituted in any county in this state, through or 
into which the line of the railroad corporation sued for violating this 



RAILROADS. 139 



act uiay extend. And such railroad and warehouse commissioners are 
hereby authorized, when the facts of the case presented to them shall, 
in their judgment, warrant the commencement of such action, to employ 
counsel to assist the attorney-general in conducting such suit on behalf 
of the state. jSTo such suits commenced by said commissioners shall be 
dismissed, excejit said railroad and warehouse commissioners and the 
attorney- general shall consent thereto. 

§ 8. The railroad and warehouse commissioners are hereby directed 
to make, for each of the railroad corporations doing business in this state, 
as soon as practicable, a schedule of reasonable maximum rates of 
charges for the transportation of passengers and freight and cars on 
each of said railroads; and said schedule shall, in all ^lits brought 
against any such railroad corporations, wherein is in any way involved 
the charges of any such raih^oad corporation for the transportation 
of any passenger or freight or cars, or unjust discrimination in rela- 
tion thereto, be deemed and taken, in all courts of this state, as prima 
facie evidence that the rates therein fixed are reasonable maximum 
rates of charges for the transportation of j)assengers and freights and 
cars upon the railroads for which said schedules may have been re- 
spectively prepared. Said commissioners shall, from time to time, and 
as often as circimistances may require, change and revise said sche- 
dules. When any schedules shall have been made or revised, as afore- 
said, it shall be the duty of said commissioners to cause publication 
thereof to be made for three successive weeks, in some public news- 
paper published in the city of Springfield, in this state : Provided, that 
the schedules thus prepared shall not be taken as prima facie evidence 
as herein provided until schedules shall have been prepared and pub- 
lished as aforesaid for all the railroad companies now organized under 
the laws of this state, and imtil the fifteenth day of January, A. D. 
1874, or until ten days after the meeting of the next session of this gen- 
eral assembly, provided a session of the general assembly shall be held 
previous to the fifteenth day of January aforesaid. All such schedules, 
purporting to be printed and published as aforesaid, shall be received 
and held, in all such suits, as prima facie the schedules of said commis- 
sioners, without further proof than the production of the paper in which 
they were pubhshed, together with the certificate of the publisher of 
said paper that the schedule therein contained is a true copy of the 
schedule furnished for publication by said commissioners, and that it 
has been published the above specified time ; and any such paper, pur- 
porting to have been published at said city, and to be a pubhc news- 
paper, shall be presumed to have been so ijublished at the date thereof, 
and to be a public newspaper. 

§ 10. In all cases under the provisions of this act, the rules of evi- 
dence shall be the same as in other civil actions, except as hereinbefore 
otherwise provided. AU fines recovered under the provisions of this act 
shall be paid into the county treasury of the county in which the suit is 
tried, by the person collecting the same, in the manner now provided by 
law, to be used for county purposes. The remedies hereby given shall 
be regarded as cumulative to the remedies now given by law against 
railroad corporations, and this act shall not be construed as repeahng 
any statute giving such remedies. Suits commenced under the provi- 
sions of this act shall have in-ecedence over all other business, except 
criminal business. 



140 RAILROADS. 



§ 11. The term "railroad corporation," contained ia tliis act, shall be 
deemed and taken to mean all corporations, companies or iadividuals 
now owniQg or operating, or which may hereafter own or operate any 
raOroad, in whole or in part, in this state ; and the provisions of this 
act shall apply to aU persons, firms and companies, and to all associa- 
tions of persons, whether iacorj)orated or otherwise, that shall do busi- 
ness as common carriers upon any of the lines of railways ia this state 
(street railways excepted) the same as to railroad corx)orations herein- 
before mentioned. 

§ 12. An act entitled "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," approved April 
7, A. D. 1871, is hereby repealed, but such repeal shall not affect nor 
repeal any penalty iucurred or right accrued under said act prior to the 
time this act takes effect, nor any proceedings or i)rosecutions to enforce 
such rights or j)enalties. 

Approyed May 2-, 1873. 



§ 1. Amend an act approved March 1, 1872 ; legalizinrj acts done 
under this act. 
In force July 1, 1873. 

AN ACT to amend an act entitled "An act to provide for the incorporation of associations that may 
be organized for the purpose of constructing railways, maintaining and operating the same, for 
prescribing and defining the duties and limiting the powers of such corporations, "when so organ- 
ized," approved March 1, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General AssemMy, That section number twenty-seven of 
an act entitled "An act to provide for the incorporation of associations 
that may be organized for the purpose of constructing railways, main- 
taining and operating the same ; for prescribing and defining the duties 
and limiting the powers ' of such corporations, when so organized," ap- 
proved March 1, 1872, be amended, so as to read as follows, viz : That 
an act entitled "An act to amend an act to provide for a general system 
of railroad incorporations," approved November 5, 1819, approved Feb- 
ruary 13, 1857, and also all of an act entitled "An act to provide for a 
general system of railroad incorporations," approved November 5, 1819, 
except the sections of the last named act numbered 31, 35, 36, 37, 38, 39, 
40, 41, 42 and 45, and all laws in conflict with the i^roAisions of this act, 
be and the same are hereby repealed: Provided, fiou-cvcr, that aU gen- 
eral laws of this state in relation to raih-oad corporations, and the 
powers and duties thereof, so far as the same are not inconsistent with 
the provisions of this act, shall remain in force and be applicable to 
railroad incorporations organized under this act. The repeal of the acts 
and parts of acts mentioned in this section shall not be construed so as 
to affect any rights acquired thereunder ', but all corporations formed or 
attempted to be formed under such acts or parts of acts, notwithstand- 
ing any defects or omissions in their articles of association, may, if they 
will adoi)t or have adopted this act, be entitled to proceed thereimder, 
and have all the benefits of this act ; and all such corporations that 
have adopted or that will adopt this act, are hereby declared legal and 
valid corporations, within the i^ro^isions of this act, fi'om the date of 



RAILROADS. 141 



the filing of their respective articles of association. And the fixing of 
the termini by any such corporation shall have the same effect as if fixed 
by the general assembly : Provided, that all corporations to which this 
act shall apply shall be held Uable for, and shall carry out and fulfill all 
contracts made by them, or for, or on their behalf, or of which they have 
received the benefit, whether such corporation, at the time of the ma- 
king of such contract or contracts, was organized, or had attemi)ted to 
organize, under the general laws of the state of Illinois, or not ; whether 
said contract was for right of way, work and labor done, or materials 
furnished, or for the running of trains, or carrying passengers or freight 
upon such road, or upon any other road in connection therewith. And 
if such corporation has or does take possession of or use such right of 
way, labor or material so furnished by other persons or corporations, it 
shall be evidence of its acceptance of such contract so entered into by 
such person or corporation with said persons or corporations for its 
benefit. And upon said corporation failing to pay said sum as it ought 
equitably to pay for such right of way, labor or materials, or fail to 
carry out such contracts as aforesaid, so made with persons or corpora- 
tions, it shall be held liable in an action at law or in chancery for the 
recovery of the value of said right of way, labor or materials, and for 
damages for non-fulfillment of such contract, in any court of comi)etent 
jurisdiction in any county through which the road of such corporation 
may be located : And, provided, further, that this act shall not in any 
manner legalize the subscription of any township, county or city to the 
cajjital stock of any railroad company, nor authorize the issuing of any 
bonds by any township, city or county in payment of any subscription 
or donation. 
Approved April 26, 1873. 



§ 1. Empowered to horroiv money, isstie bonds and mortgage property. 

§ 2, Requiring a two-tliirds vote in the creating of debts and execution 
of mortgages. 

§ 3. Form of notice ; how notified, mid time of notice. 

§ 4. Resolution and mortgage to be recorded in the office of the recor- 
der of deeds and secretary of state. 
In force July 1, 1873. 

AN ACT to enable railroad eompauies to borrow money and to mortgage their property and fiaueliises 

therefor. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That every railroad company organized 
under any law or laws of this state, in force before the first day of 
March, A. D. 1872, is hereby empowered from time to time to borrow 
such sums of money as may be necessary for completing, furnishing, 
improving or operating any such railroad, and to issue and dispose of 
its bonds for any amount so borrowed, and to mortgage its corporate pro- 
X)erty and franchises to secure the payment of any debt contracted by 
such coriJoration for the purposes aforesaid ; but the concurrence of the 
holders of two-thirds in amount of the stock of such corporation — to be 



142 RAILROADS. 



expressed in the manner liereinafter provided — shall be necessary to the 
validity of any such mortgage; and the order or resolution for such 
mortgage shall be recorded as provided in this act ; and the directors of 
such corporation shall be empowered, in pursuance of any such order or 
resolution, to confer on any holder of any bond, for money so borrowed 
as aforesaid, the right to convert the principal due or owing thereon into 
stock of such corporation at any time not exceeding ten years after 
the date of such bond, under such regulation as may be provided in the 
by-laws of such corporation. 

§ 2. The concurrence of the holders of at least two-thirds in amount 
of the capital stock of such corporation in the creation of any such 
'debt and the execution of any such mortgages, shall be made manifest 
by the votes cast by such stockholders, in person or by proxy, on the 
passage of appropriate orders or resolutions at a meeting of the stock- 
holders of such corporation, called by the directors thereof for such 
purpose. 

§ 3. The directors of such corporation shall give notice of such meet- 
ing by causing written or printed notices thereof to be either personally 
served ui3on or duly mailed (postage prepaid) to such stockholders 
whose names and address shall be known to said directors, such notice 
to be so mailed at least sixty days before the time fixed for such meet- 
ing. The said notices shall state the time and place of such meeting 
and the puri)ose thereof, as well as the amount of the proposed indebt- 
edness. The said directors shall also cause like notices to be inserted 
in some newspaper i^ublished in each county through which said road 
shall run, (if any newspaper shall be published therein) at least sixty 
days j)rior to the day appointed for such meeting. 

§ 4. When such meeting shall be held, the resolution or order author- 
izing the creation of such indebtedness, and the execution of the mort- 
gage to secure the same, together with the result of the vote thereon, 
shall be recorded in the office of the recorder of deeds of each county 
through which said road shall run, and shall also be recorded in the 
office of the secretary of state. 

Approved May 7, 1873. 



§ 1. Bight oftcay. 

In force July 1, 1873. 

AN A(JT granting a right of way to the Chicago and Pacific Railroad Cempauy over hinds of the 
Northern Dlinois Hospital and Asylum for the Insane. 

Section 1. Be it enacted hy the BeopJc of the State of IlUnois, repre- 
sented in the General Assembly, That a strip of land one hundred (100) 
feet Avide, extending across the northeast corner of the tract occupied 
by the Northern Illinois Hospital and Asylum for the Insane, situate in 
the county of Kane, and state of IlUnois, bounded and describeel as fol- 
lows, to-wit : Being a part of the north half (^) of section twenty-five 
(25), in township forty-one (41) north, range eight (8) east of the third 
principal meridian, commencing at a i)oint that is sixty-nine (09) feet 
east of a point on the half section line, one hundred and seventy-seven 
(L77) feet south of the northwest corner of the northeast quarter {^) of 
said section, and running a line thence north, fifty-four (54 ® ) degrees 



RAILROADS. 143 



west, three hundred and three (303) feet, and embracing- a strip of land 
fifty (50) feet wide on each side of and parallel with said line to a point 
on the section line that is one hundred and seventy-six (176) feet north, 
eighty-eight and one-half (88^ "^ ) degrees west of the northeast corner 
of the northwest quarter (^) of said section ; containing six hundred and 
ninety-five one-thousandths (695-1000) of an acre. Also, a part of the 
southwest quarter (|) of section twenty-four (24), in township and range 
aforesaid, to-wit : commencing at a point on the west line of the Chicago 
and Northwestern Eailroad Oomijany's land, that is, two hundred and 
ninety-four (294) feet north of a point on the section line, that is, six 
hundred and five (605) feet north, eighty-eight and one-half* (88 J ® ) de- 
grees west of the southeast corner of the southwest quarter (|) of said 
section ; thence running a line northwesterly on a three (3 '^ ) degree 
curve, and embracing a strip of land fifty (50) feet wide on each side of 
and parallel with said curved line, foiu" hundred and thirty-one (431) 
feet ; thence north thirty-one (31 '^ ) degrees west (true meridian), three 
hundred and sixty-five (365) feet, to a point on the east bank of Fox 
river, that is ten hundred and sixty (1060) feet north, thirty and one- 
half (30^"^ ) degrees east of a point on the section line, that is nine hmi- 
dred, twenty and one-half (920^) feet north, eighty-eight and one-half 
(88^ "^ ) degrees west from the west line of the Chicago and Northwes- 
tern Eailroad Company's lands, containing one and eighty-two one- 
hundredths (1 82-100) acres of ground. Also, extending or continuing 
said last mentioned line from the west banJi of Fox river, and embracing 
a strip of land fifty (50) feet wide, on each side of and parallel with sai(l 
line, fourteen hundred and seven (1407) feet, to a point on the north 
line of the said asylum grounds, that is seven hundred and one (701) 
feet south, eighty-eight and one-quarter (88J ® ) degrees east of a point 
that is on a line north one (1 ® ) degree east of the southwest corner of 
the southwest quarter (|) of said section twenty-four (24), two thousand 
five hundred and twenty-eight (2,528) feet, cont?iining three and twenty- 
three one-hundredths (3 23-100) acres of land, be and the same is hereby 
granted to the Chicago and Pacific Eailroad Company for a right of way 
for their raikoad ; and that said eompany are hereby authorized to enter 
into the immediate occui^ancy thereof, for the purpose of constructing 
their track thereupon : Provided, that when required by the trustees of 
said institution to do so, said raikoad company shall construct for the 
use of said institution a sufficient side track at such point as may be 
designated by said trustees, and forever after maintain the same in good 
condition: And, provided, further, said raikoad shall not collect for 
transporting freight over their road, delivered to them from the state, a 
greater amount than two-thirds of the present usual rates. 
Approved May 3, 1873. 



144 EECORDEE OP DEEDS. 



BEGOBDEB OF DEEDS. 



§ 1. Amend act .in force July 1, 1 872. 
In force July 1, 1873. 

AN ACT to ameccT an act entitled "An act to provide for tlie election of a recorder of deeds in coun- 
ties having sixty thousand and more inhabitants," in force July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section eight of said act be and the 
same is hereby amended, so as to read as follows, to- wit : 

" § 8. In counties ha^dng a population of more than sixty thousand 
and less than one hundred tliousand inhabitants, when a recorder of 
deeds shall be elected, under the provisions of this act, such recorders 
shall receive as their only compensation a salary, to be fixed by the 
county board of their respective (^ounties ; and the said county board 
shall also fix upon the amount to be paid for their necessary clerk hire, 
stationery, fuel and other expenses. And the said recorder of deeds 
shall charge for recording all such instruments as are x)resented to them 
for record, only such fees as are pro\dded by general law for recording 
the same in counties whose recorders of deeds are authorized by law to 
be elected. And they shall, semi-annually, under oath, make a report, 
in writing, to the county treasurer of their respective counties, of all tees 
and emoluments received by them. And they shall, at the time of 
making such rej)ort, pay over to the resi)ective county treasurers, for 
the use of the county, all moneys in excess of what they are entitled to 
retain as salary. The number of his deputies and assistants shall be 
determined by rule of the circuit court, to be entered of record ; and 
the compensation of such deputies and assistants shall be determined 
by the county board : Provided, said compensation shall be paid only 
out of, and shall in no instance exceed, the fees actually collected. And 
the recorder of deeds in Cook county shall charge, for recording all 
instruments in writing, only such fees as are allowed by general law for 
recording in said county of Cook. And he shall make a semi-annual 
report, under oath, to the county treasiu'er of said county, in writing, of 
all fees and emoluments received by him ; and shall, at the time of 
making such report, pay over to the said treasurer, for the use of the 
county of Cook, all fees and emoluments received from his said office 
above the amount which he is entitled to retain as salary : Provided, 
that in no case where a recorder of deeds shall be elected under the pro- 
visions of this act, shall the compensation allowed to him or his deputies 
and assistants, exceed the fees actually collected from said office." 

Approved April 11, 1873. 



REFORM SCHOOL. 145 



REFORM 8GE00L. 



§ 1. Recognized and continued. 

I 2. Management vested in a hoard of trustees. 

I 3. Oath of office. 

§ 4. Elect officers of their own number and treasurer not of their number. 

§ 5. Appoint superintendent and other officers needed. 

§ 6. Make needful rules and regulations, erect buildings, ^c. 

§ 7. Shall meet quarterly. 

§ 8. Report annually to the governor. 

I 9. Allowances while on necessary business. 

§ 10. Treasurer ; his duties. 

§ 11. Superintendent shall execute a bond ; his duties. 

^ 12. Court to order ivho shall be committed. 

§ 13. Said board shall be constituted a guardian. 

§ 14. Punishment for assisting convicts to escape. 

§ 15. Credited with good time. 

§ 16. Superintendent to supply discharged convicts with money and 
clothing. 
In force July 1, 1873. 

AN ACT in regard to the State Reform School for Juvenile Offenders. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the reform school, now located and 
established at Pontiac, in the county of Livingston, and state of Illinois, 
be and the same is hereby recognized and continued as a state reform 
school for the confinement, discipline, education, employment and re- 
formation of juvenile offenders in the state of Illinois, as herein provided. 

§ 2. The management of said reform school shall be vested in a board 
of trustees, consisting of five citizens of the state of Illinois, who shall be 
appointed by the governor, with the advice and consent of the sen- 
ate, for the term of five years, and until their successors are appointed 
and qualified, unless sooner removed by the governor, for good cause. 
If a vacancy shall occur in said board, by expiration of the term of any 
such trustee, or otherwise, when the senate is not in session, the gover- 
nor shall till such vacancy for the unexpired term, subject to the appro- 
val of tne senate at its next regular session : Provided, that of the mem- 
bers of the board first appointed under this act, one shall be appointed 
for the term of one year, one for two j^ears, one for three years, one for 
four years, and one for five years, whose term of service shall be deter- 
mined by lot ; which board shall be appointed within ten days from the 
time this act shall take effect ; and until they are appointed and quali- 
fied, the trustees heretofore appointed and acting at the time this act 
shall take effect, shall continue to act as trustees of said schocl. 

§ 3. The members of the board, before entering upon the duties of 
their office, shall take and subscribe to the oath of office required by the 
constitution, three of whom shall constitute a quorum to do business. 

§ 4. The board shall, annually, elect, of their own number, a presi- 
dent and vice-president, whose term of office shall be for one yea^r, and 
until their successors shall be duly elected and qualified. They shaU 
also elect a treasurer, not one of their own number, wbose term of office 
—15 



146 REFORM SCHOOL. 



shall be for two years, and until his successor shall be duly elected and 
qualified, and who shall, at all times, be subject to removal by the board 
for good cause. 

§ 5. The board shall appoint a superintendent of said reform school, 
whose salary shall not exceed two thousand dollars per annum, and shall 
also appoint such other officers and such assistants as the wants of the 
institution may from time to time require, and shall prescribe their 
duties, and fix their salaries as may be reasonable. 

§ 0. The board shall make all needfal rules and regTilations concern- 
ing their meetings and the mode of transacting their business ; they 
shall erect all necessary buildings, and make all necessary repairs and 
improvements, and shall take charge of said institution to see that its 
affairs are properly conducted 5 that strict discipline is maintained, and 
that employment and education are provided for its inmates ; they are 
authorized to malie contracts for the purchase of furnitui'e, apparatus, 
tools, stock, provisions, and anything necessary to equip the institution 
for the purposes herein specified, and to maintain and operate the same : 
Frovided, said board shall incur no expense, nor contract any debt, be- 
yond apx)ropriations made for said reform school. 

§ 7. There shall be quarterly meetings of the boai'd each year, at 
such times as the board shall appoint ; special meetings may be held 
when the exigencies of the institution demand the same, upon the call of 
the president, or otherwise, as the board may prescribe. 

§ 8. The board shall prepare an annual report of their proceedings, 
showing the condition and wants of the institution, with a tinancial 
statement of all moneys received and disbursed, which shall be forwar- 
ded to the governor, on or before the first day of December in each year, 
to be by him transmitted to the general assembly, 

§ 9. Bach member of the board shall be allowed his traveling expen- 
ses, while on necessary business of the institution. 

§ 10. The treasurer, before entering upon the duties of his office, 
shall execute a bond to the People of the State of Illinois, with sureties, 
to be apiJi'oved by the board, in at least double the sum of money for 
which he may be responsible as treasurer, conditioned for the faithful 
performance of all his duties as such treasurer. He shall take charge 
of all the funds of the institution, receiving the same and disbursing 
them on the written order of the secretary, countersigned by the presi- 
dent, and shall account to the board, in such manner as thoy may 
require, for all funds entrusted to him from whatever source. His books 
shall at all times be open to the inspection of the boaid, who shall, at 
least once in every six months, carefully examine the same, and all the 
accounts, vouchers and documents connected therewith, and make a 
record of the result of such examination. 

§ 11. The superintendent, before entering upon the duties of his of- 
fice, shall execute a bond to the People of the State of Illinois, with 
sureties, to be approved by the board, in a sum to be fixed by the board, 
conditioned for the faithful ijerformance of all his duties as such super- 
intendent. He shall be a resident at the institution, and shall be {ex-offi- 
cio) the secretary of the board, taking charge of all its books and papers. 
He shall have charge of the land, buildings, furniture, apparatus, tools, 
stock, i)rovisions, and every other species of property belonging to the 
institution, and shall account to the board in sucli manner as they may 
require ft)r all the property entrusted to him ; and all moneys received 
by him, from whatever source, shall be deposited with the treasurer. 



REFORM SCHOOL. 147 



His books shall at all times be open to the inspection of the board, who 
shall, at least once in every three nwnths, carefully examine the same, 
and all the accounts, vouchers and documents connected therewith, and 
make a record of the result of such examination in a book i)rovided for 
the purpose. He shall have char,s^e of the inmates of the institution ; 
shall discipline, govern, instruct, employ and use his best efforts to re- 
form the children and youth under his care, and shall, at all times, be 
subject to removal by the board for incapacity, cruelty, negligence, im- 
morality or other good cause. 

§ 12. Whenever any boy between the ages of ten an^ sixteen years 
is convicted, before any court of competent jurisdiction, of any crime 
which, if committed by an adult, would be i)unishable by imprisonment 
in the county jail or penitentiary, such juvenile offender shall be com- 
mitted by the order of such court to said state reform school for a term 
not less than one year nor more than five years : Provided^ that when 
the crime is punishable by imprisonment in the county jail the court 
may, in the exercise of its discretion, commit such offender to the county 
jail for the term authorized bylaw for the punishment of the offense of 
which the offender is convicted : And., provided^ further., that nothing in 
this act shall be construed to debar any court from punishing for any 
capital offense in such manner as is or may be provided by law. 

^ 13. When any such juvenile offender is committed to the said reform 
school, by order of any court of competent jurisdiction, said board shall 
be constituted the guardian of his person, and shall detain him during 
the term of his sentence, less such time as may be credited to him pur- 
suant to the provisions of this act. 

§ 14. If any officer or other person procure the escape of any person 
committed to the reform school, or advise or connive at, aid, conceal or 
assist in such escape, or conceal any such person so committed after 
such escape, he shall, upon conviction thereof in any court of competent 
jurisdiction, be sentenced to hard labor in the penitentiary, for any term 
net less than one year, nor more than five years, or, if under sixteen 
years of age, to the reform school, as in this act provided. 

§ 15. Ev^ery person committed to the reform school shall, by good be- 
havior, earn to himself and be credited with time as follows, to-wit : 
Each month in the first year, five days ; each month in the second year, 
six days; each month in the third 3'ear, seven days; each month 
in the fourth year, eight days; each month in the fifth year, nine days. 
When such person shall be degraded for misconduct or violation of the 
rules of the institution, then for every time so degraded such person 
shall lose five days of the good time that may stand placed to his credit; 
and the superintendent shall release every such person from the institu- 
tion as many days before the expiration of the term of his sentence as 
such person shall have balance of good days to his credit. 

§ 16. Upon the discharge of any person so committed to the reform 
school from the same, the superintendent shall provide him with suitable 
clothing, and five dollars in money, and procure transportation for him 
to his home, if resident in this state, or to the county in which he may 
have been convicted, at his option. 

§ 17. The following acts and parts of acts, [except] as herein re-en- 
acted, are hereby repealed, to-wit : 

First — An act entitled "An act for the reformation of juvenile offend- 
ers and vagrants," approved March 5, 1867. 



148 REVENUE. 



Second — An act approved March 11, 1869, entitled "An act to amend 
an act entitled 'an act for the reformation of juvenile offenders and va- 
grants," approved March 5, 1867. 

Third — An act approved April 19, 1869, entitled "An act to amend 
an act entitled 'an act for the reformation of juvenile offenders and va- 
grants,'" approved March 5, 1867, and also to amend an act amendatory 
thereto, passed at the regular session of the twenty- sixth general as- 
sembly : Provided, that this section shall not be construed to affect any 
subscription, contract or obligation existing at the time this act shall 
take effect, nor operate to discharge any person heretofore committed 
to said reform school from serving the full term of his commitment. 

APPKOYED May 3, 1873. 



EEYENUE. 



§ 1. State relinquishes its right to tax or assess the land herein described. 
In force April 4, 1873. 

AN ACT to authorize the United States to acquire certain property and to cede jurisdiction of the 
same to the United States, together with the right to tax and assess the same, or the property of 
the United States thereon, during the time that the United States shall be or remain the owner 
thereof. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That the United States of America may, 
pursuant to an act of congress entitled "An act to authorize the secre- 
tary of the treasury to dispose of the old post office property in Chicago," 
approved March 3, 1873, acquire the following described property, sit- 
uated in the city of Chicago, in the county of Cook and state of Illinois, 
at the corner of Polk street and Fifth avenue, fronting three hundred 
and eighty feet on Polk street, and one hundred and ninety-eight and 
one-half feet on Fifth avenue, and being the property of the school 
fund of the city of Chicago. And when the United States shall so ac- 
quire the same, the state of Illinois hereby cedes to the United States 
of America jurisdiction over the property thus acquired by the United 
States, together -wath the right to tax or in anywise assess said land or 
the property of the United States that may be thereon, during the time 
the United States shall be or so remain the owner thereof. 

§ 2. Whereas, owing to the burning of the public buildings in Chi- 
cago, and the need of public buildings, an emergency exists requiring 
this act to take effect immediately from and after its passage; therefore 
this act shall take effect from and after its passage. 

Appeoved April 4, 1873. 



ROADS AND BRIDGES. 149 



§ 1. Levy and collection of taxes for general state purposes. 
In force July 1, 1873. 

Air ACT to provide the necessary revenue for state purposes. 

Section 1. Be it enacted dy the People of the State of Illinois^ repre- 
sented in tJie General Assembly^ That there shall be raised, by levying a 
tax, by valuation, upon the taxable property in this state, the following 
sums for the purposes hereinafter set forth — , 

For general state purposes, to be designated " Eevenue Fund," two 
millions five hundred thousand dollars upon the assessed value of 
proj)erty for the year 1873, and one million five hundred thousand 
dollars annually thereafter ; for state school purposes, to be designated 
^' State School Fund" (in lieu of the two mill tax therefor) one million 
dollars annually. 

§ 2. The governor and auditor shall, annually, compute the separate 
rates per cent, required to produce not less than the above amounts, 
anything in any other act providing a different manner of ascertaining the 
amount of revenue required to be levied for state purposes, to the con- 
trary notwithstanding ; and when so ascertained, the auditor shall cer- 
tify to the county clerks the proper separate rates per cent, therefor, 
and also such definite rates for other purposes as are now or may here- 
after be provided by law to be levied and collected as state taxes. 

§ 3. AU laws or parts of laws in conflict with this act are hereby re- 
pealed. 

Approved May 3, 1873. 



MO ADS AND BRIDGES. 



Turn to the right. 

Drunlcen driver. 

Notice and discharge. 

Fast driving. 

Teams to he fastened. 

Liability of owners and drivers. 

The term '■^carriage.'" 

Hachney coaches and carriages. 

Public highways defined. 

Neiv roads; application therefor. 

Duty of the county court. . 

County court to appoint viewers to establish and locate. 

Duty of vieivers in locating. 

County court to appoint viewers to vacate. 

Commissioners to notify supervisors to open roads. 

Petitioji county court to appoint vieivers to locate carticays. 

Proceedings in re-location. 

Proceedings in altering^ re-locating or vacating at a county line. 

Petition and remonstrance to be considered. 

All surveys and plats to be recorded. 



150 ROADS AND BRIDaES. 



§ 21. Location and alteration to he as direct as circumstances allow. 

§ 22. County surveyors may act as viewers. 

§ 23. Proceedings to obtain right of way through lands. 

§ 24, Obstruct or injury to ptiblic or private roads, etc. 

§ 25. Form of proceedings in case of obstructing. 

§ 26. Penalty for plowing or turning a current of water. 

§ 27. Fast driving across bridges. 

§ 28. Powers of county courts. 

§ 29. Define districts by boundaries, and appoint surveyors. 

§ 30. Supervisors to be notified of their appointment, and their duties. 

§ 31. Penalty for refusing or failure to perform the duties thereof. 

§ 32. Duties of supervisors. 

§ 33. Shall call out persons bound to labor to remove obstructions. 

§ 34. Amount of road labor. 

§ 35. County court to assess road tax; counties may elect to work un- 
der the tax system in whole. 

§ 36. List of road tax to be furnished supervisor. 

§ 37. Time when supervisor is to call on persons liable to road labor. 

§ 38. Supervisor to notify each person amount of tax due. 

§ 39. Lncorporated cities and towns under special or general laic exempt. 

§ 40. Collection of unpaid taxes; how disbursed. 

§ 41. Before whom suits are to be brought. 

§ 42. Collection of road labor or taxes, and enforce contracts. 

§ 43. Time when supervisor is to malce return of list to county courty 
with affidavit attached. 

§ 44. Supervisors to report to county court, annually. 

§ 45. Authorized to enter upon lands; proceedings, 'if consent of owner 
cannot be had. 

§ 46. Authorized to hire teams, contract for material, etc. 

§ 47. Penalty for neglect of duty. 

§ 48. Grand jury to be furnished with list of supervisors. 

§ 49. Supervisors to take good care of all implements; forbidden to 
lend the same. 

§ 50. Time ivhen road labor shall be performed. 

§ 51. Who shall be paid areasonahle compensation for services. 

§ 52. Poiver and jurisdiction vested in county courts, regarding roads. 

§ 53. Comity courts to make such rules and regulations necessary to 
carry this act into efi'ect. 

§ 54. Additional notices to be served upon railroads. 

§ 55. Notice to be served on station agents of railroads. 

§ 56. Tax collected under act approved April 10, 1872, to be paid to 
supervisors. 
Ln force April 18, 1873. 

AlSr ACT in regard to gateways, roads and bridges, in counties not under township organization. 

Section 1. Be it enacted by the People of the State of Lllinois, repre- 
sented in the General Assembly, Whenever any persons, traveling with 
any carriages, shall meet on any turnpike, road or public highway in 
this state, the persons so meeting shall seasonably turn their carriages 
to the right of the center of the road so as to permit each carriage to 
pass without interfeiing or interrupting, under the penalty of five dol- 
lars for every neglect or otfense, to be recovered by the party injured : 
Provided, this section shall not be construed to apply to any case, un- 



ROADS AND BRIDGES. 151 



less some injury to persons or property shall occur by the driver of the 
carriage or wagon refusing to turn to the right of the beaten track ; nor 
shall it be construed to extend to a case where it is impracticable, from 
the nature of the ground, for the driver of the carriage or wagon to 
turn to the right of the beaten track. 

§ 2. No person owning any carriage running or traveling upon any 
road in this state, for the conveyance of passengers, shall employ, or con- 
tinue in emjiloyment, any person to drive such carriage, who is addicted 
to drunkenness, or the excessive use of spirituous liquors ; and if any 
such owner shall violate the provisions of this section, after he shall 
have had notice and reasonable proof that such driver is addicted to 
drunkenness, he shall forfeit at the rate of five dollars per day for all 
the time daring which he shall thereafter have kept any such driver in 
his employment, to be sued for by any person, and collected in any 
court having competent jurisdiction ; and the court may allow a i)ortion 
of said penalty, not exceeding twenty-five dollars, to be retained by 
such complainant, as a compensation for his services and expenses ; the 
balance to be paid in the county treasury. 

§ 3. If any driver, while actually employed in dri\ing any such car- 
riage, shall be guilty of intoxication, to such a degree as to endanger 
the safety of the passengers in the carriage, it shall be the duty of the 
owner of such carriage, on receiving written notice of the fact, signed 
by any one of said passengers, and certified by him on oath, forthwith 
to discharge such driver from his employment ; and every such owner 
who shall retain, or have in his employ, within thirty days after the re- 
ceipt of such notice, any driver who shall have been so intoxicated, 
shall forfeit at the rate of five dollars per day for the time during which 
he shall keep any such driver in his employment, after receiving such 
notice, to be sued for and applied as directed in section two (2) of this 
act. 

§ 4. No person driving any carriage upon any turnpike, road or 
public highway within this state, with or without i)assengers therein, 
shall run his horses or carriage, or permit the same to run, upon any 
occasion, or for any purpose whatever, except in case of necessity ; and 
every person who shall offend against the provisions of this section, 
shall be deemed guilty of a misdemeanor, and, on conviction thereof, 
shall be fined not exceeding one hundred dollars, or imprisoned not ex- 
ceeding sixty days, at the cliscretion of the court. 

§ 5. It shall not be lawful for the driver of any carriage, used for 
the purpose of convey ing passengers for hire, to leave the horses at- 
tached thereto, while passengers remain therein, without making such 
horses fast with a sufficient halter, rojje or chain, or by placing the lines 
in the hands of some other person, so as to prevent their rinming; and 
if any such driver shall oli'end against the provisions of this section, 
he shall forfeit the sum of twenty dollars, to be recovered by action, to 
be commenced within six months ; and unless the amount of such re- 
covery be paid forthwith, execution shall be immediately issued there- 
for. 

§ 6. I'he owner of every carriage running upon any turnpike, road 
or public highway for the conveyance of passeugeis, shall be liable, 
jointlj^ or severally, to the party injured, in all cases, for all injuries or 
damages done by any person in the employment of such owners as a 
driver, while driviug such carriage, to any person or to the property of 
any person, and that, whenever the act occasioning such injury, or 



152 ROADS AND BEIDGES. 



damage, be willful, negligent or otherwise, in the same manner as sucli 
driver would be liable. Any driver of any mail stage coach, or any 
other vehicle for the conveyance of passengers, willfully offending 
against the provisions of this act, shall be deemed guilty of a misde- 
meanor, and, on conviction thereof, shall be fined not exceeding three 
hundred dollars, or imj)risoned not exceeding four months. 

§ 7. The term " carriage," as used in this act, shall be construed to 
include stage coaches, wagons, carts, sleighs, sleds and every other car- 
riage or vehicle used for the transportation of passengers or goods, or 
either of them; 

§ 8. Nothing contained in this act shall interfere with or affect any 
law concerning hackney coaches or carriages in any of the cities of this 
state, nor interfere with nor affect the laws or ordinances of any such 
city, for the licensing or regulating such coaches or carriages. Justices 
of the peace shall have jurisdiction in all cases arising under this act, 
where the penalty does not exceed two hundred dollars. 

§ 9. All roads within this state, which have been laid out in pur- 
suance of any law of this state, or of the late territory of Illinois, and 
which have not been vacated in pursuance of law, are hereby declared 
to be public highways : Provided, tliat all roads that have not been used 
within five years shall be deemed vacated. 

§ 10. No new road shall be opened by order of the county court, 
unless the same shall be applied for by at least thirty -five voters resi- 
ding within five miles of the road proposed to be laid out or altered, 
except in counties which shall not have more than three hundred (300) 
voters, when only fifteen shall be required. Such applicants shall de- 
posit in the hands of the clerk of the county court a sufficient sum of 
money to pay the viewing. If the report of the persons appointed to 
view such road be in favor of establishing the road, the money so depos- 
ited shall be returned to the persons who deposited the same ; but if the 
report be unfavorable, the expense of the view shall be paid out of the 
money so deposited. 

§ 11. It shall be the duty of the county cornet, upon the presentation 
of the petition for the location or re-location of a road, to inquire into 
the manner in which the same was gotten up, if signed by individuals 
through whose lands the same may pass, as far as practicable, and re- 
quire proof, and be satisfied that the notices required by law of such 
intended application have been given, in view that the owners of lands 
which may be damaged shall have notice thereof. 

§ 12. When a new road shall be applied for, as aforesaid, the county 
court shall, if in their opinion the public good and convenience require 
it, appoint three disinterested persons to view the ground proposed for 
the same; and if, after such view, the viewers shall believe the road 
applied for to be necessary, taking into consideration the expense of 
constructing the same, and its utility to the public, they shall proceed 
to locate and establish the same, on the nearest and most eligible route, 
from point to point given. Inning due regard to private property, caus- 
ing the same to be surveyed, designating its course through prairies and 
improved land by fixing stakes in the ground, and through the timbered 
land by marking trees, and shall make report thereof to the next oounty 
court ; but after the view, if they deem such road unnecessary or im- 
proper to be made, they shall report their opinion to that etiect to the 
next term of said coiut. 



EOADS AND BRIDGES. 153 



§ 13. Viewers, in locating a road, shall ascertain, as far as practica- 
ble, where damages will be claimed, and report the names of the indi- 
viduals claiming to the county court at the time of making their report. 
It shall be incumbent on such owners of property, by themselves or 
agents, to inform the court, at the term at which the road viewers shall 
report, their claims for damages ; and no damages shall be allowed, 
unless claim be made to the court as aforesaid, or to the supervisor, 
commissioner, or superintendent, appointed to open the road, as provi- 
ded by law. After a road shall be opened, and no claim for damages 
being set up, the state or county shall not be liable foB, any damages 
whatever. 

§ 14. Whenever it shall be represented to the county court, by peti- 
tion of thirty-five voters, that a public road established by said court, 
or any part thereof, is useless or burdensome, the said court, upon a 
sufticient sum of money being deposited with the clerk to pay the ex- 
penses of a review (such money to be returned if the road shall be 
declared useless), shall appoint three suitable and disinterested persons 
to view the same, who shall report to the said court at the next term 
after such appointment, whether such road be useless and burdensome, 
together with their reasons for such opinion ; and the county commis- 
sioners may then order such road to be vacated, if, in their opinion and 
discretion, they shall deem such order proper : Provided, that no peti- 
tion praying for the establishment or vacation of a public road shall be 
received by the said court, unless the same petitioners, or some of them, 
shall have given twenty days' public notice of such application, by a 
written notice, posted up in the most public place in each road district 
through which the road or proposed road shall pass, and a like notice, 
particularizing the route and important points, on the door of the court 
house, and of the county clerk's office,, should it be kept in a separate 
building. 

§ 15. Whenever a new road shall be located, the county commission- 
ers shall immediately cause the supervisors of each district through 
which such road shall pass to be notified of such location ; and it shall 
be the duty of such supervisors to open such road within their respec- 
tive districts, and keej) the same in repair, so far as the labor of the per- 
sons bound to work on said road shall enable them ; and if such labor 
be iusutficient, Lhe county commissioners shall cause the same to be cut 
out and oi^eued at the expense of the county, whenever, in their opin^ 
ion, the funds of the county will justify such expense ; and after being 
so opened, the same shall be kept in repair by the super\'isors, as in 
other cases. 

§ 16. Any person or persons desirous of having a cart road laid out, 
for his or their convenience, from the dwelling or plantation of such 
person or persons to any public road, or from one public road to another, 
or from one lot of land to another, shall present a petition to the county 
court of the proper county, setting forth the reason for desiring such 
road, and describing the points from and to which said road or cartway 
is desired to pass; and the court shall, upon a sufficient sum of money 
being deposited to pay for viewing such road, appoint three freeholders 
to view the same : Provided, that twenty dayvs' notice shall be given of 
the intention to present such petition, to each person residing in the 
county through whose laud such cartway is desired to pass, and also by 
posting up a notice thereof on the door of the court house and clerk's 
office of the county, if not kept in the court house, for the same period 



154 ROADS AND BRIDGES. 



of twenty days ; and the viewers, when appointed, shall examine the 
route proposed for such road, and shall examine any other route which 
they may deem proper. And if they shall be of opinion that a cartway 
is necessary and proper, from and to the points named in the petition, 
they shall lay out the same in such manner as to produce the least in- 
convenience to the parties through whose land the same shall pass, and 
shall make a written report to the court, describing the route of the 
road, and the numbers of the lots of land through which the same shall 
pass, and naming the owners thereof, if known — which report shall be 
examined by the court. And on hearing the objections, if any, if the 
court shall be of opinion that the road is necessary and right, an order 
shall be made establishing the same not exceeding thirty feet Avide : 
And provided, also, that if any owner of land shall object to the opening 
of such road, the same shall not be opened by the person or persons de- 
siring the same, until the person or persons objecting shall be ])aid all 
the damages to be sustained by the opening thereof ; and in case the 
parties cannot agree on the amount of damages, the same shall be as- 
certained and assessed as hereinafter provided. And the damages being 
paid on final decision, or a sufficient sum deposited with the court for 
that purpose, the person or persons applying therefor, their heirs and 
assigns, shall have the right to opepi said road, and shall have the right 
of way upon the same forever thereafter : Frovided, further, the court 
may pay a portion of said damages. 

§ 17. Whenever any person or persons desire a change or re-location, 
of any state or county road now located, notice of such intended appli- 
cation shall be given by putting up advertisements, in w^riting, at least 
one in each road district through which said road shall pass, and on the 
court house door, twenty days previous to the sitting of the court to 
which application shall be made ; and on the petition of thirty-five quali- 
fied voters, living immediately in the vicinity of such road, the court 
shall appoint three viewers to examine and make the necessary re-loca- 
tion. They shall carefully view the road as located, and the ground for 
the proposed route, and being of the opinion that the public good re- 
quires an alteration, in view of obtaining a more suitable place to erect 
a bridge over a stream, wind a hill, avoid a swamp, expensive work, or 
where the present road greatly dauiages an individual, and can be va- 
ried without material damage to the public, in such cases alterations 
may be made ; and a majority of said viewers being of that opinion, they 
shall cause a survey and re-location to be made, returning to the county 
court a x>lat, with the courses and distances of the road as established.. 
But if they consider an alteration not necessary, they shall so report, 
and the court may confirm and accept the report or take such further 
action thereon as to them may seem right. In like manner, any state 
road now established, which may be considered useless or burdensome, 
on notice, petition, view and report to that effect, as required in this 
section in case of an alteration, the same may be annulled and vacated. 

§ 18. When it shall become necessary to have a state or county road 
now located and established, altered, re-located or vacated at a county 
line, or a new road laid out, the same being petitioned for and notice 
given as required in the preceding section, the same shall be agreed 
upon by reviewers from each county, to be appointed by the counties 
immediately interested ; and no road shall be altered at a county line, 
or elsewhere, unless a ma-jority of the viewers appointed agree on such 
change or alteration: Provided, that no application shall be acted upon 



EOADS AND BRIDGES. 155 



or viewers appointed, as contemplated in the preceding- sections, unless 
the petitioners deposit money sufficient to pay the reviewers in case an 
unfavorable report be made, to be refunded should the road be located, 
altered or vacated, as petitioned for. In case of a disagreement in the 
location or alteration of any road crossing a county line by the county 
authorities, either county may appeal to the circuit court, who shall hear 
and determine the case, grant a review, appoint reviewers, and make 
such order therein as shall seem right in the establishment of the road 
in dispute. 

§ 19. In all cases where a petition is presented to the county court, 
praying for a change, alteration, location or vacation of a bounty road, 
as provided for in this act, if there shall be remonstrances presented 
against granting the same, it shall be the duty of said court to give due 
consideration both to the petition and remonstrance, and grant or re- 
fuse the prayer of such petitioners, as in their discretion shall be just 
and proper. 

§ 20. All roads shall be survej^ed, and a plat, with the courses and 
distances thereof, returned with the report of the viewers to the county 
court, which shall be recorded and filed. The county court, on the re- 
tui^n of the report and plat, shall determine and establish on record the 
width of the road, making the main leading roads four rods wide and 
none less than fifty feet. 

§ 21. In the location and alteration of all roads, it shall be the duty 
of viewers to make the same as direct as the ground and circumstances 
will allow, particularly the main leading roads. Previous to entering 
upon their duties, they shall be sworn before some officer authorized to 
administer oaths, that they will faithfully, impartially, and to the best 
of their judgment, discharge the duties incumbent on them as road 
viewers, under the law and appointment of the court. 

§ 22. County surveyors may act as road viewers in their respective 
counties, without further qualification, and may administer the proper 
oath of office to other road viewers who may be associated with them, 
or otherwise. 

§ 23. In all cases where a public road shall have been or may be au- 
thorized by law to be laid out or constructed in this state, either by state 
or county authority, and the same is required to pass over the land be- 
longing to any company, corporation or individual, and the owner or 
owners shall object thereto, and cannot agree with the commissioner, 
superintendent or supervisor authorized to construct the same, on the 
amount of damage which such owner or owners may claim, it shall be 
lawful and shall be the duty of the countj^ court to cause a jury of six 
freeholders to appear before said court, at such time as may be fixed by 
said court ; and the said jury, after being duly sworn faithfully and 
impartially to examine the ground which shall be pointed out to them, 
shall assess the damages which the owner of the land will sustain by the 
said road, and make written report to the said court, at such time as the 
court may direct — a copy of which award shall be furnished to the party 
claiming damages ; and the money being paid or tendered to the party 
to whom the same is assessed, the said road may be opened by the pro- 
per authority of the county, and the right of way acquired by the pub- 
lic for a public road : Provided, that the corporation, company, owner or 
owners of the land shall have the right to appeal from the award of the 
jury to the circuit court, within twenty days from the approval of said 
award by said county court, upon executing bond, to be approved by 



156 EOADS AND BRIDGES. 



said court, and the case shall be acted upon in such manner as the cir- 
cuit court may determine, with a view to justice, and make such order 
thereon as may seem right and just, which decision shall be final. The 
provisions of this section shall extend to the right of way for a cartway 
or private road, as contemplated in section sixteen of this act. 

§ 24. If any person shall obstruct any public or private road by fell- 
ing a tree or trees across the same, by encroaching upon or fencing up 
the same (except for the purpose of raising a hedge, in which case not 
more than one-fourth of the width of the road shall be occuijied for such 
purpose), or by placing any other obstriiction therein, he shall forfeit 
for any such offense a sum not exceeding ten dollars, and a sum not ex- 
ceeding three dolhirs for every day he shall suffer such obstruction to 
remain, after he shall have been ordered to remove the same by any 
supervisor, county commissioner or justice of the peace; and if any 
person shall purposely destroy or injure any bridge or causeway, or re- 
move any of the timber or plank thereof, or destroy or deface any guide 
board, post or mile stone on a public or private road, or dig any drain 
or ditch across a public or private road, such person so offending shall 
be indicted or sued before a justice of the peace, and on conviction shall 
be fined in any sum not less than five dollars nor more than one hun- 
dred dollars, except bridges, which shall be double the value thereof, 
and for burning a bridge, to be punished agreeably to the criminal code: 
Provided, hoinever, that this section shall not be construed to extend to 
any person who shall lawfully cut down any timber for rails, firewood 
or other j^urposes, and who shall immediately remove the same out of 
the road, nor to any person through whose land a road shall run, who 
shall dig a ditch or drain across such road, and keep the same in good 
repair. 

§ 25. If any person or persons shall obstruct any public or private 
road, in the manner provided in sections twenty -four (24) and twenty- 
five (25) of this act, the penaltj^ provided for in said section may be re- 
covered either by an indictment, or in an action of debt, before any jus- 
tice of the peace of the county in which the offense was committed, 
which action may be brought upon the complaint, on information, of any 
person who may complain, for the use and benefit of the county. 

§ 26. If any person shall impair any public or private road, by 
plowing or turning a current of water so as to satiu-ate or wash the 
same, he shall forfeit and pay a fine, for the first offense five dollars j 
and for a second oifense ten dollars ; and at that rate for every addi- 
tional offense, which fines shall be collected either before a justice of the 
peace or by indictment in the circuit court, as now provided by law. 

§ 27. If any person shall ride, lead or drive any wagon, carriage, 
dray, cart or other vehicle or conveyance, or any horse, mare, mule or 
ox, or other animal, over, on or across any public bridge, or any bridge 
used by the public, within the limits of this state, faster than a walk, he 
shall forfeit and pay, for each offense, the sum of five dollars, which 
penalty shall be collected, either before a justice of the peace or by in- 
dictment in the circuit court of said county, as is provided by the last 
preceding section. 

§ 28. The county courts of the several counties in this state not 
under township organization, shall have and are hereby vested with 
g-eneral superintendence over the public roads within their respective 
counties, and are hereby authorized to cause new roads to be located 



ROADS AND BRIDGES. 157 



s^nd made, and to alter or vacate public roads within their respective 
counties, in the manner in this act provided and pointed out. 

§ 29. The county court, in counties not under township organization, 
of each county, shall, at their December term, or as soon thereafter as 
may be, in each and every year, lay out and divide their respective 
counties into such road districts as they may deem convenient and 
proper, defining accurately the boundaries of said districts ; and they 
shall api)oint one supervisor in each district, who shall serve one year, 
and continue in oi3ice until a successor shall be appointed : Provided^ 
that the county courts of all counties not under township organization 
shall, at their first meeting after the passage of this act, appoint super- 
visors, and divide their respective counties into districts, as contem- 
plated in this section. 

§ 30. It shall be the duty of the clerk of the county court in each 
county, to make out and deliver to the sheriff written notices to all the 
supervisors, as aforesaid, within ten days after such appointment has 
been made, informing them of their said appointment, describing the 
bounds of their respective districts, and the roads therein ; and the said 
sheriff shall immediately deliver the said notices to the persons to whom 
the same shall be directed, respectively ; and if any supervisor shall re- 
fuse to accept his said appointment, the sheriff" shall return the said 
notice to the clerk who issued the same, noting such refusaJL on 
the back thereof. But if the said supervisor shall agree to ac- 
cept the same, such supervisor shall, within fifteen days thereafter, re- 
turn to the clerk of the county court a list of the names of all persons re- 
siding within the road district liable to be taxed for road purposes 5 and 
the said sheriff shall notify the said clerk of such acceptance. And the 
said sheriff' shall, in all cases, make return of acceptance or refusal 
within twenty days after the delivery to him of the notice aforesaid. 
For any failure on the part of the clerk to make out and deliver to the 
sheriff any one of the notices required by this section, he shall be fined 
in the sum of ten dollars ; and the sheriff shall incur the same penalty 
for a failure to deliver any one of said notices in the manner and within 
the periods herein prescribed : Provided^ that supervisors shall not be 
required to make such return, unless the county court shall have levied 
a tax according to the provisions of this act : Provided, further, that 
any county court or board of county commissioners are hereby author- 
ized and empowered to open and keep in good repair all public highways 
in their respective counties, and to build and keep in rejiair all bridges, 
either by taxation in whole or in jjart, or by labor in part and taxation 
in part, as they may elect. 

§ 31. When any person shall refuse to accept the appointment as 
supervisor, or after having accepted the same, shall fail to perform the 
duties thereof, he shall be fined five dollars, to be appropriated to road 
purposes : Provided, that the county court may excuse any supervisor 
from the payment of said fine, upon being satisfied that such person 
ought not to have been appointed. The county court shall have power, 
at any time, to remove from office any supervisor who shall fail or re- 
fuse to perform liis duty, and all vacancies shall be filled at the term of 
court at which any removal shall be made or vacancy occur. 

§ 32. It shall be the duty of such supervisor to cause all the public 
roads within his district to be kept well cleared, smooth, and in good re- 
pair ; causing all stumps to be cut low, so as to afford at all times a free 
and safe passage to wagons and other carriages along such road ; to 



158 EOADS AND BRIDGES. 



cause bridges and causeways to be made wherever the same shall be 
necessary, and to keep the same in repair ; and to cause to be erected 
and kept in repair, at the forks or crossing place of every public road, a 
post and guide-boards, with plain inscriptions thereon in letters and 
figures, giving the direction and distance to the most noted places to 
which said roads may lead. 

§ 33. Whenever any public road shall be obstructed by falling tim- 
ber, or in any other manner, and when any bridge or causeway shall be 
destroj^ed, or become impassable or dangerous to travelers, it shaU be 
the duty of the super\dsor to cause such obstruction to be removed, and 
to have such bridges or causeways rebuilt or repaired ; and for that pur- 
pose he shall call out the persons bound to labor on the road in his dis- 
trict, or as many of them as may be necessary ; but if the persons bound 
to perform such labor in his district shall have prcAiously performed the 
number of days required by this act, or if the labor due from such per- 
sons shall not be sufficient, he shall then proceed to hire as many labor- 
ers or teams as may be necessary to remove such obstruction or repair 
such damages : Provided^ that in counties electing to keep up roads in 
their respective counties, hj taxation, then and in that case the super- 
visor shall proceed to hire as many laborers or teams as may be neces- 
sary to remove such obstructions and rex)air such damages : And, provi- 
ded, further, that the cost shall not exceed ten dollars ; and if the cost of 
such work shall be estimated by said supervisor to exceed ten dollars, 
then he shall report such obstruction or damage to any one or more of 
the county commissioners, whose duty it shall be immediately to cause 
such obstruction to be removed, or such bridge or causeway to be re- 
built or repaired, as the case may be, either by ordering the sujierNisor 
to hire laborers and teams for that purpose, or by making a contract 
with some tit person or persons, as they maj^ deem best ; and all moneys 
required to carry any of the j)rovisions of this section into effect, shall be 
paid out of the county treasury, on the order of the county court. 

§ 34. The county courts of the several counties m this state, who shall 
adopt the system of part tax and part labor, or all labor, at the December 
term, annually, shall tix and cause to be entered upon the records of their 
courts a certain number of days, not exceeding three nor less than two, 
that each and every able-bodied man between the ages of twenty-one 
and fifty years shall labor on some public road within the county dimng 
the year. And it shall be the duty of the clerk of said court to certify 
the number of days fixed as aforesaid in the notice to each supervisor 
appointed in said county. 

§ 35. The county court of each and every county, in addition to the 
work required in the foregoing section (34,) may, at the September term, 
annually', assess a road tax of not more tlian twenty cents on each one 
hundred dollars' worth of taxable property, real and personal, or either, 
in their counties ; and a column in the tax book shall designate the 
amount of such road tax due from each person from whom the same is 
to be collected ; which road tax, assessed on property owned by citizens 
living in incorporated towns of the county, and also owned by non res- 
idents of the county, shall be collected by the collector as other county 
revenue, and paid into the treasury in like manner; and the county 
court shall api)ropriate the same on roads and bridges as they may deem 
proper : Provided, that counties electing to work under the tax system 
in whole, for road purposes, may le^^ a road tax not exceeding forty 



ROADS AND BRIDGES. , 159 



cents on every one handred dollars' worth, of property, real or personal, 
as provided in section thirty of this act. 

§ 30. The clerk of the county court, in all counties adopting the labor 
system, in whole or in part, shall, by the first day of February in each 
year, make out a list of all persons owing road tax in each road district 
in the county, with the amount of tax due from each person ; which list 
shall be by said clerk delivered to the sheriff, and by him delivered to 
the proper supervisor within twenty days from the date such list is de- . 
livered to the sheriff; and any clerk or sheriff who shall neglect or fail 
to perform the duties required in this section within the time specified, 
shall be liable to the penalties stated in section thirty of tliis act. 

§ 37. It shall be the duty of each supervisor in counties not levying a 
tax exclusively for road purposes to call on all able bodied male persons 
over twenty-one and under fifty years of age in his district, to perform 
the number of aays' labor due for the year, giving such person at least 
three days' notice of the time when and place where the work is re- 
quired, and stating what description of tools to bring ; which notice 
shall be given by the supervisor in person verbally, or by written or 
printed notice, or by some person a]3pointed by hiin to warn in the 
hands ; in which latter case the notice shall be written or printed, and 
signed by the supervisor. The supervisor shall observe the hour ap- 
pointed to meet, that each individual do appear at the time with the tool 
directed to be brought, and when on the road, that each person shall 
work industriously and diligently, doing at least eight hours' faithful 
labor in each day at such work, and in such manner as shall be directed 
by the supervisor. Any person neglecting or failing to attend and do 
the work due on the roads, after being notified as above stated, by him- 
self or a substitute equally able as himself, shall pay for each day such 
sum as the county court shall fix at the time of fixing the number of 
days. Should any person be idle, not work diligently, be turbulent, in- 
terrupt other hands, or disobey the supervisor, power is hereby given, and 
it shall be the duty of the supervisor to discharge said hand from the 
road ; and for each day's labor which may then be due from such per- 
son, he shall be bound to pay one dollar and fifty cents. 

§ 38. The tax list being placed in the hands of tlie supervisor, he 
shall notify each person residing in said supervisor's district, of the 
amount due, and that the same may be discharged in labor on the road, 
and shall thereupon request payment in money or labor, first notifying 
such person of the time and place, to attend and work the same out at 
the rate of such sum per day as the county court may fix, bringing with 
him such tools as may be directed by the sui)ervisor — the labor to be 
performed by the principal or a substitute equally able, working at least 
eight hours each day ; and if such person shall spend the day in idle- 
ness, be turbulent, or disobey the supervisor, he shall be discharged 
from the road, and the balance due shall be collected with twenty-five 
per cent, advance : Provided, all money collected by supervisors for 
road purposes, shall be disbursed on some road within their district. 

§ 39. Where any city or town has or may become incorporated under 
a special law, or under a general law authorizing cities to become in- 
corporated, no requisition in labor or money from the citizens thereof, 
on property within said corporation, shall be required to improve roads 
in the county different from the grant in the charter, but they shall be 
required to work and pay a tax to improve the streets and roads, and 
such improvements as shall be specified in the charter, or within the 



160 ROADS AND BRTDGES. 



limits of the incorporation, so long as tlie charter or incorporation shall 
remain in full force. In all towns and villages not incorporated, the 
citizens thereof shall contribute in labor and by tax, when assessed by 
the county court of the county, in improving the streets of the town or 
village, and the public roads of the road district, including the same, 
under the supervisor. 

§ 40. It shall be the duty of the supervisors to sue in the name of the 
county, for all labor and taxes which shall be due from each person re- 
siding in their respective districts, and remain unpaid after notice shall 
have been given and a failure to settle the same, as provided in the 
foregoing sections 5 and having collected the same, shall, without de- 
lay, disburse the money to the best advantage on public roads in the 
district to which such labor or tax properly belongs. In all cases the 
supervisor shall be competent witness in such suits brought as above 
stated ; and an appeal may be taken to the circuit court by either party, 
as in other cases of appeal from justices of the peace. 

§ 41. Supervisors are hereby authorized to bring suits before any 
justice of the peace of the county, to recover any and all sums due for 
road labor, road tax, fines and forfeitures imposed by this act, which 
are intended to come into the hands of such supervisors for road pur- 
poses, and to collect, disburse and account for the same, suing in the 
name of the county. 

§ 42. All suits, actions and proceedings necessary to be had on any 
right or cause of action, for failures to perform road labor or pay road 
taxes, or to enforce any contract or promise in reference to the opening 
or repairing of public roads, shall be had in the corporate name of the 
countj" wherein the right of action accrued : Frovided, that no suits shall 
be dismissed on account of informality in the name of the plaintiff; but 
the court may, on application, permit the record to be so amended as 
to place the name of the proper plaintiff on the record. 

§ 43. * Everj^ supervisor shall endeavor to collect all road and labor 
tax, and close the work by the first Monday in December, annually ; 
and it shall be their duty, when such road and labor tax has been paid, 
either in money or labor, to write the word "paid" distinctly against 
each name or tract of land on his list on which the same has been paid, 
and such list shall be delivered to the county court, Avith an afiida^dt 
thereto, sworn to before some justice of the peace of the county, or other 
officer empowered by law to administer oaths, that on all tracts of land 
on such list opposite which the word "paid" is written, [such tax] is paid ; 
and that on all tracts of land on such list opposite which the word " paid" 
is not written, such tax is due and remains unpaid, according to the best 
of his knowledge and belief. , 

§ 44. At the December term of the county court, annually, each su- 
pervisor shall make a report, shoAving the whole number of days' work 
that has been done in his district during the year, by whom done, the 
amount of money by him received, from whom received, for road tax 
or otherwise, due on roads, the amount paid out by him in constructing 
roads, with the vouchers accompanying ; at which term he shall make a 
settlement with the court, and if a balance should appear in his hands, 
the same shall be disbursed in the district, or added to the general road 
fund, as the court shall order. SuperAisors may apx)oint one or more 
persons to warn in the hands, and make an allowance out of the labor 
tax due from such person. 



ROADS AND BRIDGES. 161 



§ 45. The supervisors of the several road districts are hereby au- 
thorized to enter. upon any land adjacent to any highway in their re- 
spective districts, for the piu-po^e of opening any ditch, drain, necessary 
sluice or water course, whenever it shall be necessary to open a water 
course from any higiiway to the natural water courses; and to dig, open 
and clean ditclies upon said land for the purpose of carrying off the wa- 
ter from said highways ; or to drain any slough or pond on said high- 
way : Provided, that unless the owner of such land, or his agent, shall 
first consent to the cutting of such ditches, the supervisors shall ax^ply 
to any justice of the peace of the county in which such road is situated, 
directed to any constable of said county, commanding; him to sum- 
mons the said owner to appear before the said justice, at a time and 
place si)ecified in such summons, not less than five nor more than fifteen 
days from the date thereof, for the pui'pose of having the damage as- 
sessed which such owner may sustain by reason of the digging or open- 
ing such ditches or drains. The said summons shall be under the hand 
of such justice, and be served in the same manner as summons is now 
served in civil actions before justices of the peace. On the return of 
such summons, a venire, if required by either party, shall be issued for a 
jury as in other cases, which jury shall assess such damages and render 
a verdict therefor, which shall be final and conclusive of the amount of 
damages sustained by such person 5 and the amount so awarded shall 
be paid out of the comity treasury on tiie order of the commissioners. 
And the supervisor shall be warranted and is hereby emijowered to 
enter such lands and dig, open and clean such drains, ditches and water 
courses as aforesaid, for the purposes contemplated in this act ; and is 
further authorized to use and employ the road labor and money of his 
district for such piu'poses : Provided, that in case the owner of said 
lands is a non-resident, service may be had by leaving a copy with the 
occupant or agent, or by notice in same manner as prescribed in pro- 
ceedings for opening roads. 

§ 46. SuiDcrvisors are hereby authorized to hire teams to do the 
necessary hauling, plowing and scraping ; to contract for materials for 
building bridges, causeways, erecting guide boards, for making and 
fui'uishing road scrapers, and repairing roads in discharge of labor and 
road tax due, and so far as funds shall come into their possession, pro- 
curing said teams, materials, implements and work, on the best possible 
terms ; but all contracts made under this section, exceeding in amount 
ten dollars, shall be first approved or ordered by the county coiu-t : 
Provided, that nothing contained herein shall prevent the supervisors 
from expending, within their road districts, the road labor or money 
collected by them in lieu thereof. 

§ 47. Any supervisor who neglects to keep the roads in his district 
in good repair, agreeably to the provisions of this act, or fails to j)er- 
form any other duty herein required, shall be liable to indictment, and 
on conviction thereof shall be fined in a sum not less than five dollars 
and not exceeding fifty dollars, to be expended on some road within the 
district of said supervisor. 

§ 48. The clerk of the county court in each county shall, at each 
term of the circuit court, make out and furnish the grand jury with the 
list of the names of all supervisors in the county, with the date at 
which they were appointed. 

§ 49. It shall be the duty of the supervisors to take good care of 
plows, road scrapers and other implements belonging to the county, in 
—16 



162 ROADS AND BRIDGES. 



their charge ; not to lend the same, unless to the supervisor, to aid him 
in constructing public roads. Any person who shall violate the provis- 
ions of this section, shall forfeit and pay a fine of not less than three 
dollars, or more than ten dollars. 

§ 50. Each and every supervisor shall call out his hands, and do a 
proportion, at least one-half, of the labor due, by the tenth day of June 
in each year, in putting the roads and bridges in good repair, and gTad- 
ing the same where most needed. 

§ 51. Sheriffs, and clerks of the county court, surveyors, viewers, 
and supervisors, shall be allowed a fair and reasonable compensation 
for discharging the duties required of them by this act, to be paid out of 
the county treasury on the allowance and order of the county courts. 

§ 52. All power, jurisdiction and control is hereby given to the 
county court of the several counties of and concerning state roads, 
located directly by the state, and all other roads, and the same shall be 
opened, improved and kept in repair as roads in the counties, subject to 
alteration, change and re-location, as hereinbefore pointed out. 

§ 53. The county courts of the several counties of this state shall 
have the supervision and control of all roads and public highways 
within their respective counties, and shall make such rules and reg\ila- 
tions as may be necessary to carry this act into proper effect : Provided^ 
that after the election of the commissioners provided in section six (6), 
article ten (10), constitution of this state, the duties herein provided to 
be discharged by county courts shall devolve upon and be discharged by 
the board of county commissioners. 

§ 54. In addition to the notices now required by law, in proceedings 
for locating, laying out and opening of public roads, similar notices 
shall be served upon any railroad company, across or alongside of 
whose railroad it may be proposed to locate a public road : Provided, 
that this act shall not apply to the proceedings for opening streets in 
towns and cities. 

§ 55. The notices, as required by this act,. shall be served upon the 
station agent of any such railroad company, nearest to the proposed 
location of such projected public road. 

§ 56. Any tax or moneys collected by the sheriff and county collec- 
tors of the various comities for road and bridge purposes, under the pro- 
visions of an act entitled "An act in regard to roads and bridges," ap- 
proved April 10, 1872, shall be distributed to the supervisors of the vari- 
ous road districts from which it was collected, as near as may be, to be 
by them expended in improving the roads in their respective road 
districts. 

§ 57. An act entitled "An act in regard to roads and bridges," ap- 
proved April 10, 1872, and in force August 15, 1872, and also aU other 
acts or j)arts of acts inconsistent herewith, be and the same are hereby 
repealed. 

§ 58. Whereas by the passage of the act in regard to roads and 
bridges, in force August. 15, 1872, hereby repealed, much confusion has 
arisen in carrying out and enforcing the law of this state in regard to 
roads and bridges, an emergency has arisen requiring this ^u't to take 
immediate eifect ; therefore, be it enacted that this act shall take effect 
and be in force from and after its passage. 
Approved April 18, 1873. 



EOADS AND BRIDGES. 163 



1. Public highways defined. 

2. Turn to the right. 

3. Drunken driver. 

4. Notice and discharge. 

5. Fast driving. 

6. Teams to he fastened. 

7. Liability of owners and drivers. 

8. The term ^^carriage.''^ 

9. Haclmey coaches or carriages. 

10. Duty of commissioners of highways, %. 

11. Election and duties of treasurer. 

12. Commissioners to report annually. 

13. Time and place of meetings. 

14. Town cleric to deliver list. 

15. WJio shall be required to labor on highways, 

16. Commissioners to assess road tax. 

17. To affix to each name the member of days, 

18. List to be delivered to overseers. 

19. Overseer to add names to list. 

20. Work on private roads to be credited, 

21. Duty of town clerk. 

22. Penalty for refusing or neglecting duties. 

23. Election 'of overseers. 

24. Duty of overseers to repair and keep in order highways, 

25. Appointment to fill vacancies. 

26. Totcn clerk to give notice of appointment. 
2,1, Penalty for refusing or neglecting duties. 

28. Notice to be given. 

29. How commutation money shall be expended. 

30. Time in which commutation money sliall be paid. 

31. Poivers of overseers. 

32. Labor in person or by substitute. 

33. Penalty for not working faithfully. 

34. Failure to appear ; penalty. 

35. Overseer to make complaint. 

36. Justice of the peace to issue summons. 

37. Judgment and execution. 

38. Constables'' duties. 

39. Fine collected, 

40. Not exempt. 

41. Overseers to warn all persons. 

42. Mark list ^^paid." 

43. Delivery of tax list and affidavit. 

44. Penalty for not delihering tax list with affidavit, 

45. Time when threefourths of road labor to be worked or ex- 

pended. 

46. Overseer to report under oath to commissioner. 

47. Moneys to be pg.id over to successor. 

48. Penalty for neglect or refusal to render account. 

49. Duty of town supervisors. 

50. Duties of the board of commissiotiers and county board. 

51. Per diem of overseers. 

52. Boad tax may be collected in money only by a vote of the people 



164 EOADS AND BRIDGES. 



§ 53. Boundary lines of towns. 

i^ 54. Tax hoolcs to shoiv to ivhat district the tax helongs. 

§ 55. County and township collectors to nuike abstracts. 

§ 56. Commissioners to pay over district road tax to overseers. 

§ 57. Penalty for defacing guideboard, etc. 

§ 58. Injuries and ohstructions to public roads. 

§ 59. Injury to bridges, etc. 

§ 60. Suits to be brought in the name of the toum. 

§ 61. Fines to be paid to commissioner of toion. 

§ 62. Shade trees. 

§ 63. Crossings under highicays. 

§ 64. Owners of land may connect road fence with pier or abutment. 

§ 65. Width of roads. 

§ 66. What notice may be placed on bridges. 

§ 67. Fast driving across bridges. 

§ 68. Drainage of wet lands ; damages to be assessed by jury. 

§ 69. Petition for altering or laying out roads. 

§ 70. Form of petition. 

§ 71. Fetition to be posted in public places. 

§ 72. Meeting of the commissioners. 

§ 73. Decision of the commissioners. 

§ 74. Order to be filed with the town cleric. 

§ 75. If prayer of petitioners be granted^ shall cause plat and survey 

to be made. 

§ 76. Damages ascertained — in case of appeal. 

§ 77. Agreements and releases shall be recorded, and a perpetual bar. 

§ 78. //■ damages are not agreed upon jury to assess. 

§ 79. Notify each and every oivner of land. 

§ 80. Manner of impanneling jury. 

§ 81 . Either party have right of challenge for cause. 

§ 82. Wotice to be posted ivhen oivner cannot be found. 

I 83. Upon tvhom notice shall be served or left with. 

§ 84. Jury to be stvorn. 

§ 85. Shall hear lawful evidence and, by request visit and examine. 

§ 86. Jury may award to one or more, or all, at the same time. 

§ 87. Meeting for final determination. 

§ 88. May revoke all proceedings if deemed too high. 

§ 89. In case proceedings are not revolted to malce an order. 

§ 90. Proceeding when amount of damages is agreed upon. 

§ 91. Inducements to commissioners. 

§ 92. Record or certified copy prima facie evidence. 

§ 93. Boads for private and public use may be laid out. 

§ 94. Order rescinded by limitation. 

§ 95. Reasonable time allotved to harvest crops. 

§ 96. Persons may worli. out tlieir road, tax on private roads.. 

§ 97. Public roads may be established on township or county lines. 

§ 98. How roads to be liept in repair on township lines. 

§ 99. Any person may appeal from commissioners' decision. 

§ 100. Trial of appeal before supervisors. 

§ 101. Decision to be final — compensation and limitation. 

§ 102. Any person talxing an appeal from award or verdict to pay costs. 

§ 103. Majority to male decision. 

§ 104, Disagreement — appeals from. 

§ 105. Boads on county or town lines. 



ROADS AND BRIDGES. 165 



§ 106. On state lines. 

§ 107. Beimir of bridges. 

§ 108. Joint contracts. 

§ 109! Failure to perform contracts. 

§ 110. Any judgment enforced. 

§ 111. Petition for huilding or repair of expensive bridges. 

§ 112. Special town meeting ; note for or against borrowing money to 

huild a bridge. 
§ 113. Re-surveys mid plats. 
§ 114. Estahlisliment of new roads. 
§ 115. Contracts for huilding bridges. * 

§ 116. Road and bridge tax orders. 
§117. Road through inclosed lands — removal of fences. 
§ 118. Compensation of commissioners. 
§ 119, Shall be declared vacant — limitation. 
§ 120. Ascertain annually amount of road and bridge tax needed^ and 

levy the same. . ' 

. § 121. County cleric to extend necessary tax in a separate column. 
§ 122. Certificate of county cleric to treasurer. 
§ 123. Tax to be paid to treasurer of commissioners. 
§ 124, Commissioners to furnish cleric list of taxpayers. 
§ 125. Taxes collected under act approved April 10th, 1872, to bepaid 

to treasurer of commissioners. 
In force April 11, 1873, 

AN ACT in regard to roads and bridges, in counties under township organization. 

Section 1, Be it enacted by the People of the State of Illinois, repre- 
sented, in the General Assembly, That all roads witMn this state, which 
have been laid out in pursuance of any law of this state, or of the late 
territory of Illinois, or which have been established by dedication or 
user for twenty years, and which have not been vacated in pursuance of 
law, are hereby declared to be public highways. 

§• 2. Whenever any persons, traveling with any carriages, shall meet 
on any turnpike road or public highway in this state, the persons so 
meeting shall seasonably turn their carriages to the right of the centre 
of the road, so as to permit each carriage to pass without interfering or 
interrupting, under the penalty of five dollars for every neglect or of- 
fense, to be recovered by the party injured : Provided, this section shall 
not be construed to a])piy to any case, unless some injury to persons or 
property shall occur by the driver of the carriage or wagon refusing to 
turn to the right of the beaten track ; nor shall it be construed to extend 
to a case where it is impracticable, from the nature of the ground, for the 
driver of the carriage or wagon to turn to the right of the beaten track. 

§ 3. No person owning any carriage, running or traveling upon any 
road in this state, for the conveyance of passengers, shall employ, or 
continue in employment, any person to drive such carriage who is ad- 
dicted to drunkenness, or the excessive use of spirituous liquors, and if 
any such owner shall violate the provisions of this section, after he shall 
have had notice and reasonable proof that such driver is addicted to 
drunkenness, he shall forfeit at the rate of five dollars per day for aU 
the time during which he shall thereafter have kept any such driver in 
his employment. 



1G6 ROADS AND BRIDGES. 



§ 4. If any driver, whilst actually employed in driving any sucli car- 
riage, shall be guilty of intoxication to such a degree as to endanger the 
safety of the passengers in the carriage, it shall be the duty of the 
owner of such carriage, on receiving written notice of the fact, signed 
by any one of said passengers, and certified by him, on oath, forthwith 
to discharge such driver from his employment ; and every such owner 
who shall retain or have in his employ, within three months after the re- 
ceipt of such notice, any driver who shall have been so intoxicated, shall 
forfeit at the rate of five doUars per day for the time during which he 
shall keep any such driver in his employment after receiving such notice. 

§ 5. No person driving any carriage upon any turnpike road or public 
highway within this state, with or without passengers therein, shall run 
his horses or carriage (or permit the same to run) uj^on any occasion, or 
for any purpose whatever ; and every i^erson who shall offend against 
the provisions of this section, shall be deemed guilty of a misdemeanor, 
and on conviction thereof, shaU be fined not exceeding ten dollars, or 
imprisoned not exceeding sixty days, at the discretion of the court. 

§ 6. It shall not be lawful for the driver of any carriage used for the 
purpose of conveying passengers for hire, to leave the horses attached 
thereto while passengers remain therein without first making such horses 
fast with a sufficient halter, rope or chain, or by placing the lines in the 
hands of some other j)erson, so as to prevent their running ; and if any 
such driver shall offend against the provisions of this section, he shall 
forfeit the sum of twenty dollars, to be recovered by action, to be com- 
menced within six months; and unless the amount of such recovery be 
paid forthwith, execution shall be immediately issued therefor. 

§ 7. The owners of every carriage running upon any turnpike road or 
public highway, for the conveyance of passengers, shall be liable, jointly 
and severally, to the party injured, in all cases, for all injuries and dam- 
ages done by any person in the emjoloyment of such owners as a driver, 
while driving such carriage, to any person, or to the proi^erty of any per- 
son; and that, whenever the act occasioning such injury or damage be 
willful, negligent or otherwise, in the same manner that such driver would 
be liable. Any driver of any mail stage coach, or any other vehicle for 
the conveyance of passengers, willfully offending against the provisions 
of this act, shall be deemed guilty of a misdemeanor, and on conviction 
thereof, shall be imprisoned not exceeding four months, or fined not ex- 
ceeding three hundred dollars. 

§ 8. The term "carriage," as used in this act, shall be construed to 
include stage coaches, wagons, carts, sleighs, sleds and every other car- 
riage or vehicle used for the transportation of passengers and goods, or 
either of them. 

§ 9. Nothing contained in this act shall interfere with or affect any 
law concerning hackney coaches or carriages in any of the cities of this 
state, nor interfere with nor affect the laws or ordinances of any such 
city for the licensing or regulating such coaches or carriages. Justices 
of the peace shall have jurisdiction in all cases arising under this act, 
where the penalty does not exceed their jurisdiction. 

§ 10. The commissioners of highways in the several towns in this 
state shall have the care and superintendence of highways and bridges 
therein, and it shall be their duty : 

First — To give directions for the repairing of roads and bridges in 
their respective towns, and to cause the building of bridges when the 
public interests or necessity require it. 



EOADS AND BRIDGEg. 167 



Second — To lay out and estajDlisli roads, to regulate the roads already 
laid out, and to alter or vacate such roads, as they or a majority of them 
shall deem proper, as hereinafter provided. 

Third — To cause such roads used as highways as have been laid out, 
or dedicated to xmhlic use, but not sufficiently described, and such as 
have been used for twenty years, but not recorded, to be ascertained, 
described and entered of record in the town clerk's office. 

Fourth — To cause the highways and bridges which are or may be 
erected over streams intersecting highways, to be kept in repair. 

Mfth — To divide their respective towns into so many road districts as 
they shall deem convenient, by writing, under their hands, to be lodged 
with the town clerk, and by him to be entered in the town book. Such 
di^dsion to be made annually, if they shall think it necessary ; and in 
all cases to be made at least ten days before the " annual town meeting. 

Sixth — To assign to each of the said road districts such of the in- 
habitants liable to work on highways as they shall think proper, having 
regard to proximity of residence as much as may be. 

Seventh — To require the overseers of highways, from time to time, and 
as often as they shall deem necessary, to warn all persons to work on 
highways to come and work thereon, with such implements, carriages, 
plows and teams as they may have ; and the said commissioners, or any 
of them, shall direct and see that persons working or repairing the high- 
ways leave undisturbed all stones or other monuments marking sectional 
and other corners, which may be in the public roads worked or repaired 
by them. 

Eighth — To take possession of and keep all scrapers, plows and other 
tools belonging to their town, wherever the same may be found, and not 
allow the same to go to waste, and not to lend the same, except to per- 
sons employed by them to work on the roads by contract or otherwise. 

Winth— To purchase for use upon highways such necessary tools, im- 
plements and machinery as may be necessary. 

Tenth — To cause to be erected and kept in repair, at the forks or 
crossing iDlace of the most important public roads, a post and guide 
boards, with ijlain inscriptions thereon in letters and figures, giving 
directions and distances to the most noted places to which such road 
may lead ; to prevent thistles, bm^dock, cockle-burs, mustard, yellow 
dock, Indian mallow and jimson weed from seeding, and to extirpate 
the same so far as practicable, and to prevent all rank growth of vegeta- 
tion in the public highway, so far as the same may obstruct public 
travel ; and the said highway commissioners may, in their discretion, 
sink and construct wells, with a suitable pump or other suitable fixture, 
and a water-trough attached thereto, and keep the same in repair, for 
public use for watering teams, at the intersection of the most important 
roads in their towns or road districts ; and they may also adopt any 
other suitable and convenient mode of supi^lyiug water in troughs 
conveniently situated on the i)ublic highways for public use, at other 
points than at such intersections ; and the cost of such improvements 
shall be paid out of the road and bridge funds of such town. 

§ 11. At the first meeting of the commissioners of highways, after 
they shall have been duly elected and qualified, they shall proceed to 
choose one of their number as treasurer. The treasurer so chosen shall 
receive and have charge of all moneys raised in the town for the sup- 
port and maintenance of roads and bridges. He shall hold such 
moneys, at all times, subject to the order of the commissioners of high- 



168 EOADS AT«D BRIDGES. 

ways, and shall pay them over upon tlieir order, or a majority of said 
commissioners, and not otherwise. He shall execute bond, with good 
and sufficient security, in such manner as the supervisor and town clerk 
shall determine,, conditioned for the faithful discharge of his duties as 
such treasurer, and that he will honestly and faithfully account for and 
pay over upon the order of the commissioners of highways, all moneys 
that shall come to his hands by virtue of his said office ; which bond 
shall be payable to the supervisor of the town and his successor in 
office, and be approved by the supervisor and town clerk, and filed in 
the town clerk's office. 

§ 12. The commissioners of highways of each town shall render to 
the board of town auditors, at their annual meeting for auditing the 
accounts of town officers, an account in writing, stating : 

Mrst — The labor assessed and performed in such towns. 

Second — The sums received by such commissioners for fines and com- 
mutations, and all other moneys received under this act. 

Third — A statement of the improvements necessary to be made on 
such roads and bridges, and an estimate of the probable expense of 
making such improvement, beyond what the labor to be assessed in that 
year and the road tax ^ill accomplish. 

Fourth — Also, a statement, in writing, of all exi^enses and damages 
in consequence of laying out, altering- or discontinuing roads. 

Fifth — Also, a statement of the amount received from the collector 
of the town, or from any other source, up to the time of such statement, 
and the manner in which the same, if any sum, has been paid out and 
expended, to whom, and on what account. 

§ 13. The commissioners of highways of each town shall meet, within 
ten days after they shall be chosen, at the town clerk's office, on such 
day as they shall agree upon, and afterwards at such other times and 
places as they shall think proper. 

§ 14. The town clerk shall deliver the lists filed by the overseers to 
the commissioners of highways of the town, who shall proc^eed to ascer- 
tain, estimate and assess the highway labor and road tax to be per- 
formed and paid in their town the next ensuing year. 

§ 15. Every able-bodied male inhabitant, being above the age of 
twenty-one years and under the age of fifty (excepting paupers, idiots, 
lunatics, and such others as are exempt by law), shall be required to la- 
bor on the highways, in their respective road districts, not less than one 
nor more than three days in each and every year. 

§ 16. The commissioners of highways shall assess a road tax on all 
real estate aud personal property liable to taxation of the town, to any 
amount they may deem necessarj", not exceeding forty cents on each 
one hundred dollars' worth, as valued on the assessment roll of the pre- 
vious yeai' : Provided, that the tax on property" lying within any incor- 
porated village, town or city, in which the streets and alleys are under 
the care of the corporation, shall be paid over to the treasiu'er of such 
village, town or city, to be appropriated to the im]n-ovement of roads, 
streets and bridges, under the direction of the corporate authorities. 

§ 17. The commissioners of highways shall affix to the name of each 
person named in the lists so furnished by the overseers the number of 
days assessed to each person for highway labor, personal property, and 
also a description of each tract of land, and the name of the owner, if 
known, with the valuation thereof, as taken from the assessment roll of 
the previous year, and the amount of road tax assessed thereon, in a 



EOADS AND BRIDGES. 169 

separate column. The lists so prepared shall be subscribed by the com- 
missioners, and deposited with the town clerk, to be filed in his office. 

§ 18. The commissioners shall direct the clerk of the town to make 
a copy of each hst, and shall subscribe such copies, after which they 
shall cause the several copies to be delivered to the respective overseers 
of highways of the several districts in which the highway labor is as- 
sessed. One copy for each overseer shall contain the name and number 
of days assessed to each person, the other the real and personal i^rop- 
erty road tax. 

§ 19. It shall be the duty of the overseers to add the names of per- 
sons left out of any such list, and of new inhabitants, and to rate the 
persons so added in the same x>roportion to work on the highways as 
others rated by the commissioners on such Ust, subject to an appeal to 
the commissioners. 

§ 20. It shall be the duty of commissioners of highways of each town 
to credit such persons as hve on private roads and work the same so 
much on account of their assessment as such commissioners shall deem 
necessary to work such private road, or to annex such private road to 
some of the highway districts. 

§ 21. The town clerk shall, within ten days after the commissioners 
of highwaj^s have filed in his office the amount of road tax assessed on the 
real and personal estate of the towns, post a notice on the outer door of 
the house where the town meeting was last held, stating the amount of 
road tax assessed on each one hundred dollars' worth of the real and 
I)ersonal estate of the town, and that aU persons interested can pay the 
same in labor on the highways, under the direction of the overseer of 
highways, in the district where the land or personal jjroperty is situated. 

§ 22. If the commissioners of highways shall refuse or neglect to 
perform any of the duties enjoined on them by this act, they shall sev- 
erally forfeit not less than ten dollars nor more than fifty dollars, and 
may be proceeded against, severally or jointly, for the recovery of such 
forfeiture before any justice of the peace in the proper county having 
jurisdiction. 

§ 23. There shall be chosen, at the annual town meeting in each 
town, as many overseers of highways as there are road districts in the 
town ; and each overseer of highways, so chosen, shall be a resident of 
the road district for which he is elected, and shall hold his office for one 
year : Providedj there shall be chosen at the annual town meeting in 
AprU, 1873, one overseer of highways for each road district, as consti- 
tuted previous to the passage of an act entitled ^' Roads and bridges," 
approved April 10, 1872. 

§ 24. It shall be the duty of overseers of highways in each town : 

First — To repair and keep in order the highways within their several 
districts for which they shall have been elected. 

Second — To warn all laersons from whom road labor is due to work on 
the highways, at such times and places, within their several districts, as 
they may think proper. The overseers of highways may contract with 
persons owing poll tax for road purposes, to perform a certain amomit 
of labor on any road or bridge in their town or road district for the 
amount of such tax ; and if the work is done within the time that the 
money should have been paid, the overseer shaU give such person a re- 
ceipt for such labor done or performed. 

Third — To cpllect all fines and commutation money, and to execute all 
lawful orders of the commissioners of highways. 
—17 



170 ROADS Al^D BEIDGES. 



Fourtli — To deliver to the clerk of the town, within sixteen days after 
their election or appointment, a list, subscribed by such overseers, of the 
names of all the inhabitants in his road district who are liable to work 
on highways. * 

§ 25. If any person chosen or appointed to the office of overseer of 
highways, shall refuse to serve, or if' his olhce shall become vacant, the 
commissioners of the highways of the town shall, by warrant, under 
their hands, appoint some other person in his stead ; and the overseer 
so appointed shall Have the same powers, be subject to the same orders 
and liable to the same penalties as overseers chosen at the town meeting-. 

§ 26. The commissioners making the appointment shall cause such 
warrant to be forthwith filed in the office of the town clerk, who shall 
give notice to the person appointed, as in other cases. 

§ 27. Every overseer of highways who shall refuse or neglect to per- 
form any of the duties hereinbefore enumerated, or which may be law- 
fully enjoined on him by the commissioners of highways of his town, 
shall, for every such refusal or neglect, forfeit the sum of ten dollars, to . 
be sued for by the commissioners of highways of the town, and when 
recovered, to be apphed by them in making and improving the roads 
and bridges therein. 

§ 28. It shall be the duty of overseers of highways to give at least 
three days' notice to all persons assessed to work on highways, and re- 
siding within the limits of their respective districts, of the time and 
place when and where they are to appear for that purpose, and with 
what implements; but no person, being a resident of the town, shall be 
required to work on any highway other than in the district in which he 
lesides, except he resides in a district on a town hne, which district be- 
longs to an opposite town, and unless he shall elect to work in some 
district where he has any land; and in such case he may, with the ap- 
probation of the commissioners of highways, apply the work assessed 
in respect to such land in the district in which the same is situated. 

§ 21). Every person liable to work on the highways shall work the 
whole number of days for which he shall have been assessed ; but every 
such person, other than an overseer of highways, may elect to commute 
for the same, or for any part thereof, at the rate of one dollar and fifty 
cents per day ; in which case such commutation money shall be paid to 
the overseer of highways of the district in which the person commuting 
shall reside, to be applied and expended by such overseer in the improve- 
ment of the roads and bridges in the same district. 

§ 30. Any person intending to commute for his assessment, or any 
pait thereof, shall, within three days after he shall be notified to appear 
and work on the highways, pay the commutation money for the work 
required of hiin by such notice ; and the commutation shall not be con- 
sidered as complete until such money be paid. 

§ 31. Every overseer of highways shall lla^'e power to require a team 
or a cart, wagon or plow, with a pair of horses or oxen, and a man to 
manage them, from any person having the same within his distinct, who 
shall have been assessed two days or more, and who shall not have 
commuted for his assessment ; and the person furnishing the same, upon 
such requisition, shall be entitled to a credit of two days for each day's 
service therewith. 

§ 32. Every person assessed to work on the highways, and named to 
woik, may appear in person, or by an able-bodied man as a substitute, 
and the person or substitute shall actually work eight hours in each 



ROADS AND BRIDGES. 171 



day, under a penalty of twenty-five cents for every hour such person or 
substitute shall be in default, to be imposed as a tine on the person 
assessed. 

§ 33. If any person, after appearing, remain idle, or not work faith- 
fully, or hinder others from working, such offender shall, for every 
otiense, forfeit to the town the sum of two dollars. 

§ 34. Every person so assessed and duly notified, who shall not com- 
mute, and who shall refuse or neglect to appear, as above provided, 
shall forfeit to the town, for every day's refusal or neglect, the sum of 
two dollars. If he was required to furnish a team, ca^friage, man or 
implement, and shall refuse or neglect to comply, he shall be fined as 
foUows : 

First — For wholly failing to comply with such requisition, four dollars 
for each day. 

Second — For omitting to furnish a pair of horses or oxen, one dollar 
and fifty cents for each day. 

Third — For omitting to furnish a man to manage the team, two dol- 
lars for each day. 

Fourth — For omitting to furnish a wagon, cart or plow, seventy-five 
cents for each day. 

§ 35. It shall be the duty of every overseer of highways, within six 
days after any person assessed and notified shall be guilty of any refu- 
sal or neglect, for which a penalty or fine is prescribed in this act, un- 
less a satisfactory excuse shall be rendered to him for such refusal or 
neglect, to make complaint, on oath, to any justice of the peace of the 
county. 

§ 36. The justice to whom such complaint shall be made shall forth- 
with issue a summons, directed to any constable of the county, requiring 
him to summons such delinquent to appear within five days before such 
justice, according to law, [to answer] for such refusal or neglect. 

§ 37. On the day of trial the justice shall proceed to hear and deter- 
mine the case according to law, for the offense complained of, and shall 
forthwith issue an execution under his hand and seal, directed to any 
constable of the county where such delinquent shaU reside, commanding 
him to levy such fine, with the costs of the proceeding, of the goods and 
chattels of such delinquent. 

§ 38. The constable to whom such execution shall be delivered, shall 
forthwith collect the moneys therein mentioned. He shall pay the fine, 
when collected, to the justice of the peace who issued the execution, 
who is hereby required to pay the same to the overseer who entered 
the complaint, to be by him expended in improving the roads and 
bridges in the district of which he is overseer. / 

§ 39. Every fine collected for refusal or neglect to appear and work 
on the highways, shaU be set off against his assessments or personal 
labor tax upon which it was founded, estimating every two dollars col- 
lected as a satisfaction for one day's work. 

§ 40. The acceptance by an overseer of any excuse for refusal or neg- 
lect shall not, in any case, exempt the person excused from commuting 
for or working the whole number of days for which he shall have been 
assessed during the year. 

§ 41. It shall be the duty of overseers of highways to warn all resi- 
dents of his district against whom a land or personal property road tax ' 
is assessed, giving them three days' notice, to work, out the same upon 
the highways ; and he shall receive such tax in labor from every able- 



173 ROADS AND BRIDGES. 



bodied man, or liis substitute, at the rate of one dollar and fifty cents 
per day. And any person or bis agent may pay such tax in road labor, 
at the rate of one dollar and fifty cents per day, and in i)roportion for a 
less amount : Provided, that any person may elect to pay such tax to 
the overseer in money. 

§ 42. It shall be the duty of the overseer of highways, when such 
land tax has been paid, either in money or labor, to write the word 
"paid" distinctly against each name or tract on his bst, on which the 
same has been paid, and give a receipt for the same, whether paid in 
labor or money, when demanded. 

§ 43. Every overseer of highways shall deliver to the supervisor of 
his town, and in Cook county to the county board, at least five dajs 
previous to the annual meeting of the board of supervisors, the lists fur- 
nished by the commissioners of highways, containing the land and per- 
sonal property road tax, with an afiidavit thereto, sworn to before the 
supervisor of the town, or some justice of the peace of the county, that 
on all tracts of land on such list opposite which the word "i^aid" is 
written, such tax is paid, and that on all tracts of land on such bst, oj)- 
posite which the word "paid" is not written, such tax is due and re- 
mains unpaid, according to the best of his knowledge and belief. 

§ 44. If any overseer shall refuse or neglect to deliver such list to the 
supervisor, as provided in the last preceding section, or shaU neglect 
or refuse to make the affidavit, as therein directed, he shall, for every 
such offense, forfeit the sum of five dollars, and also the amount of tax 
or taxes remaining unpaid, to be recovered by the commissioners of 
highways of the town, to be applied by them in improving the roads 
and bridges of such town. 

§ 45. It shall be the duty of every overseer of highways to have at 
least three-fourths of the road labor assessed in his district worked out 
or actually expended on the highways, previous to the first day of Oc- 
tober in every year. 

§ 46. Every overseer of highways shall, on the second Tuesday next 
preceding the time of holding the annual town meeting in his town, 
within the year for which he is elected or appointed, render, under oath, 
to one of the commissioners of highways of the town, an account, in 
writing, containing — 

First. — The names of all persons assessed to woi-k on the highways in 
the district of which he is overseer. 

Second. — The names of aU those who have actually worked on the 
highways, with the number of days they have actually worked. 

Third. — The names of all those who have been fined, and the sums in 
which they have been fined. 

• Fourth. — The names of aU those who have commuted, and the man- 
ner in which the moneys arising- from fines and commutations have 
been expended by him. 

Fifth. — The amount of uncollected road tax which he has returned to 
the supervisors of the town, as requii-ed in section forty-three of this act. 

§ 47. Every such overseer shall also, then and there, render an ac- 
count, in writing, of all moneys in his hands by virtue of liis office, and 
shall also pay over the same to his successor in office. 

§ 48. If any overseer shaU refuse or neglect to render such account, 
or if, having rendered the same, he shall refuse or neglect to pay any 
balance which may then be due from him, he shall, for every such of- 
fense, forfeit the suni of five dollars, to be recovered, with the balance 



EOABS AND BRIDGES. 173 



of the moneys remain ing in Ms hands, by the commissioners of high- 
ways of the town, and to be applied in making and improving the roads 
and bridges. It shall be the duty of the commissioners to prosecute for 
such penalty, in every instance in which no return is made. 

§ 49. It shall be the duty of the suj)ervisors of the several towns to 
receive the list of the overseers of highways when dehvered, pursuant 
to section forty-four of this act, and to lay the same before the board of 
supervisors of the county. 

§ 50. It shall be the duty of the board of supervisors, and in Cook 
county the county board, to cause the amount of arrearages of road tax 
returned by the overseer of highways to the supervisors, as provided in 
section forty-three of this act, to be levied on the lands returned, and to 
be collected in the same manner that other taxes of the county are levied 
and collected, and to order the same, when collected, to be x^aid over to 
the commissioners of highways of the town, to be by them applied to the 
construction of roads and bridges. 

§ 51. Each and every overseer of highways shall be entitled to one 
dollar and a half per day for everyday he is necessarily employed in the 
execution of the duties of overseer, exceeding the amount of his high- 
way labor and road tax, the number of da,js to be accounted to and 
audited by the commissioners of highways : Provided, that the number 
of days to be audited shall be left discretionary with the commissioners 
of highways. 

§ 52. The legal voters of any township in the state, in counties where 
township organization has been or may hereafter be adopted, may, by a 
majority vote at their annual town meeting, provide that thereafter the 
road tax assessed by the commissioners of highways, under the pro-^ 
Adsions of this act, be collected in money only, to be expended by the' 
commissioners of highways in such townships, on roads within their 
jurisdiction, by such agents or oflQcers as they shall direct, and in such 
manner as they shall direct. 

§ 53. The town clerk of each town shall, on or before the first day of 
September next, and annually thereafter, (if the boundary lines be 
changed), furnish to the county clerk a certified plat of the several road 
districts of his town. 

§ 51. In all counties acting under township organization, the county 
clerk, in extending district road tax upon the tax books, shall designate 
to what district said tax belongs. 

§ 55. It shall be the' duty of county and townsliip collectors to make 
out an abstract of the amount of district road tax due to each district 
of the respective townships, and deli^^er the ^same to the treasurer of 
the commissioners of highways. 

§ 56. The commissioners of highways shall pay over the distric# 
road tax according to the abstracts as furnished above, to the various 
overseers of roads in their respective districts, to be applied on the roads 
of said districts. 

§ 57. For destroying or defacing any guideboard, post or mile stone, 
or any notice or direction jiut up on any bridge or otherwise, the of- 
fender shall forfeit a sum not less than three dollars nor more than fifty 
dollars. 

§ 58. If any person shall injure or obstruct a public road by falling 
a tree or trees in, upon or across the same, or by placing or leaving any 
other obstruction thereon, or by encroaching upon the same vtdth any 
fence, or by plowing or digging any ditch or other opening thereon, or 



174 ROADS AND BRIDGES. 



by turning a current of water so as to saturate or wash the same, or 
^hall leave the cuttings of any hedge thereupon, for more than five days, 
shall forfeit for every such offense a sum not less than three dollars nor 
more than ten dollars, and in case of i)lacing any obstruction on the high- 
way, an additional sum of not exceeding three dollars per day for every 
day he shall suffer such obstruction to remain after he has been ordered 
to remove the same by any of the commissioners of highways, complaint 
to be made by any i3erson feeling himself aggrieved : Provided, this sec- 
tion shall not apply to any i)erson who shall lawfully fell any ti'ee for 
use, and will immediately remove the same out of the road, nor to any 
person through whose land a public road may pass, who shall desire to 
drain his land, and shall give due notice to the commissioners of such 
intention : And, provided, further, that any commissioners or overseers 
of highways, after ha^dng given reasonable notice (to the owners) of the 
obstruction, or person so obstructing or plowing or digging ditches upon 
such road, may remove any such fence or other obstruction, fill up any 
such diteh or excavation, and recover the necessary cost of such removal 
from such owner or other person obstructing such road aforesaid, to be 
collected by said commissioners before any justice of the peace having 
jurisdiction. 

§ 59. If any person shall purposely destroy or injure any public 
bridge, culvert or causeway, or remove any of the timber or plank thereof, 
or obstruct the same, he shall forfeit a sum not less than three dollars 
nor more than one hundred dollars, and shaU be liable for all damages 
occasioned thereby, and all necessary costs of rebuilding or repairing 
the same. 

§ 60. All suits for the recovery of any fine or penalty under this act, 
shall be brought in the name of the town in which the offense is com- 
mitted!; and it shall be the duty of commissioners and overseers of 
highways to seasonably prosecute for all fines and penalties under this 
act ; but in case of a failure of said officers to so prosecute, comi)laint 
may be made by any person whatever. 

§ 61. AU fines recovered under the provisions of this act, unless 
otherwise x>rovided, shall be j)aid over to the commissioners of highways 
of the town where the offense is committed, to be exj)ended upon the 
roads and bridges in the town. 

§ 62. It shall be lawful for the owners or occupants of land border- 
ing upon any pubhc road, to plant shade and ornamental trees along 
and in such road, at a distance not exceeding one-tenth of the legal 
width of the road from its margin ; and also to erect and maintain a 
fence, so long as shall be actually necessary for the purpose of raising 
a hedge on said margin, a distance of four feet from and within said 
marginal lines. 

§ 63. Any person owning, using, or occupying lands on both sides of 
any public highway, shall be entitled to the privilege of maldng a cross- 
ing under said highway for the purpose of letting his cattle and other 
domestic animals cross said road : Provided, said person shall erect, at 
his own expense, a good and substantial bridge, with secure railing on 
each side thereof, and build an embankment of easy grade, on either 
side of said bridge ; said bridge not to be less than sixteen feet wide, 
and to be approved by the commissioners of highways of the town in 
which the bridge is built, and the same to bo kept constantly in good re- 
pair by the owner or occupant of said land, subject to their discretion : 
And, provided, further, that in case such crossing is made on any water- 



ROADS AND BRIDGES. 175 



way or natural channel for water, and where a culvert or bridge is main- 
tained or required for road purposes, said owner or occupant shall not 
be required to pay for or construct any more of said crossing than the 
additional cost of such crossing over and above the necessary cost of a 
suitable culvert or bridge for road purposes at such i)lace. 

§ 64. And where any bridge on a public road is constructed over a 
stream or body of water, where the depth or ciu-rent of water or the na- 
ture of the bank or banks of such stream or body of water is such as to 
render a fence on the marginal line of the jjublic road impracticable or 
very expensive to construct and keep in repair, the owner of the land 
bordering on the public road shall have the right to connect the road 
fence on either or both banks of the stream or body of water, to said 
bridge or any pier or abutment thereof, or to any embankment or tim- 
ber approach to said bridge : Provided, that no necessary ford across 
said stream or body of water shall be permanently obstructed thereby : 
And, provided, further, that any such connecting fence shall be construc- 
ted by the consent and under the direction of the commissioners of 
highways of the town in which the bridge may be located. 

§ 65. All pubUc highways laid out by order of the commissioners of 
highways, or supervisors, on appeal, shall not be less than fifty feet, nor 
more than sixty-six feet wide. 

§ Q6. The commissioners of highways of each town may, when they 
shall deem it advisable, put u^j and maintain, in conspicuous places, at 
each end of any bridge in such town, maintained at the x)ubhc charge, a 
notice with the follo^ong words, in large characters: "Five dollars fine for 
riding or driving on this bridge, faster than a walk." 

§ 67. Whoever shall ride or drive faster than a walk, over any bridge 
upon which notice shall have been placed and shall then be, shall forfeit 
to the town, for every such often se, the sum of five dollars. 

§ 68. The overseers of highways of the several towns are hereby au- 
thorized to enter upon any land adjacent to any highway in their re- 
spective districts, for the purpose of opening any ditch, drain, necessary 
sluice or water course, whenever it shall be necessary to open a water 
course from any highway to the natural water courses, and to dig, 
open and clean ditches upon said land, for the purpose of carrying 
off the water from said highways, or to drain any slough or pond 
on said highway: Provided, that unless the owner of such land 
or his agent, shaU first consent to the cutting of such ditches, the over- 
seer of highways shall apply to any justice of the peace of the county 
in which such road is situated, for a summons, directed to any constable 
of said county, commanding him to summon the said owner to appear 
before the said justice, at a time and place specified in such summonS| 
not less than five nor more than fifteen days from the date thereof, for 
the purpose of ha\ing the damage assessed which such owner may sus- 
tain by reason of the digging or opening such ditches or drains. The 
said summons shall be under the hand of such justice and be served in 
the same manner as a smnmons is now served in ci^dl actions before jus- 
tices of the peace. On the return of such summons, a venire shall be 
issued for a jury as in other cases in the trial of civil actions before jus- 
tices of the peace, which jury shall assess such damages and render a 
verdict therefor, which shall be final and conclusive of the amount of 
damages sustained by such person ; and the amount so awarded shall 
be audited, levied and collected in the same manner provided in section 
fourteen, article seventeen, of the township organization law j and the 



17() EOADS AND BEIDGES. 



overseer of highways shall be warranted and is hereby empowered to 
enter such lands, and dig, open and clean such drains, ditches and water 
courses as aforesaid, for the purposes contemplated in this act, and is 
further authorized to use and employ the road labor and money of his 
district for such purposes : Frovided, that in case the owner of said 
lands is a non-resident, service may be had by leaving a copy with the 
occupant or agent, or by notice in same manner as i)rescribed in section 
eighty-two of this act. 

§ 69. The commissioners of highways may alter, widen or vacate 
any road, or lay out any new road in their respective town, when peti- 
tioned by any number of freeholders not less than twelve, residing 
within three miles of the road so to be altered, widened, vacated or 
laid out. 

§ 70. Said petition shall set forth, in writing, a description of the 
road, and what part thereof is to be altered, widened or vacated, and if 
for a new road, the names of the owners of lands, if kjiown, and if not 
known it shaU be so stated, over which the road is to j^ass, the points at 
which it is to commence, its general course, and the place at or near 
where it is to terminate. 

§ 71. Whenever any such number of freeholders determine to peti- 
tion the commissioners of highways for the alteration, widening or va- 
cation of any road, or laying out any new road, they shall cause a copy 
of this petition to be i^osted up ia three of the most pubhc places in the 
town, in the vicinity of the road to be laid out, altered, widened or va- 
cated, at least twenty days before any action shall be had in reference 
to such petition. The posting of any such notice required by this act, 
may be proved by the affidavit of the person posting the same, or by 
other legal evidence. 

§ 72. Whenever the commissioners of highways shall receive any 
such petition, with the iDroof of the posting of copies, as in the next 
preceding section specified, they shall fix upon a time when and where 
they will meet to examine the route of such road, and to hear reasons 
for or against the altering, widening, vacating or laying out the same — 
which meeting shaU be within twenty days after the exi^iration of the 
twenty days required for the posting of the copies of the petition in the 
next preceding (71) section, and they shall give at least ten days' notice 
of the time and place of such meeting, by posting up notices in three 
of the most public places in the township, in the vicinity of the road to 
be widened, altered or vacated. 

§ 73. The commissioners may, by public announcement, and by the 
posting of a notice at the time and place named for the first meeting, 
adjourn the meeting from time to time, but not for a longer period than 
twenty days in all 5 and shall, at the first, or such adj omened meeting, 
within said twenty days, decide and publicly announce whether they 
will grant or refuse the prayer of the petition, and shall indorse upon 
or annex to the petition a brief memorandum of such decision, to be 
signed by the commissioners. Such decision shall be subject to revoca- 
tion, in case the prayer of the petition is granted, in the manner here- 
inafter provided. In case the commissioners refuse to grant the prayer 
of the petition, they shall, within ten days thereafter, tile the same, so 
indorsed, or with such decision annexed thereto, in the oflice of the 
town clerk. 

§ 74. If the petition is simply for the vacation of a road, and the 
commissioners of highways, or a majority of them, shall, at such meet- 



ROADS AND BRIDGES. 177 



ing, decide that the prayer of the petitioners should be granted, they 
shall order such road to be vacated — a copy of which order, together 
with the petition, shall be by them filed with the town clerk ; such order 
to be so filed within ten days after the date of such decision. 

§ 75. If such petition is for the establishment of a new road, or the 
alteration or widening of an existing road, and the commissioners of 
highways, or a majority of them, shall be of the opinion that the prayer 
of the petitioners should be granted, they shall cause a survey and a 
plat of such road to be made by a competent surveyor, who shall report 
such survey and plat to said commissioners, giving the courses and dis- 
tances, and specifying the land over which said road is to pass — in 
which they may make such changes between the termini of the road de- 
scribed in the joetition, as the convenience and interest of the public, in 
their judgment, may require. 

§ 76. They shall also, before they order any road to be established, 
altered, widened or vacated, ascertain, as hereinafter provided, the 
aggregate amount of damages which the owner or owners of the land 
over which such road is to pass, shall be entitled to, by reason of the 
location, alteration or vacation of such road : Provided , however, that 
in case an appeal is taken from the assessment of damages before the 
justice of the peace, the commissioners may, in their discretion, make 
an order laying out, widening, altering or vacating such road, either 
before or after such appeal is determined, in the manner hereinafter 
provided. 

§ 77. The damages sustained by the owner or owners of the land, by 
reason of the establishment, alteration, widening or vacation of any 
road, may be agreed upon by the owners of such lands, if competent to 
contract, and the commissioners of highways, or they may be released 
by such owners — in which case the agreement or release shall be in wri- 
ting, and shall be filed and recorded with the copy of the order estab- 
lishing or altering such road, in the town clerk's office, and shall be a 
perpetual bar against such owners, their grantees and assigns, for all 
further claims for such damages. 

§ 78. In case such damages are not released or agreed upon, as in the 
preceding section specified, the commissioners of highways shall, within 
twenty (20) days from the date of the meeting at which it was decided 
to grant the prayer of the petition, make a certificate that they are about 
to establish, widen, vacate or alter a public road, describing such road, 
vacation, widening or alteration, and the land over or on which such 
road is to be established, altered, widened or vacated, and naming the 
owners of such land, if known, and if not known, stating the fact, and 
asking for a jury to assess the damages of such owners, and shall pre- 
sent such certificate to some justice of the peace of the county, who 
shall summon a jury of six persons in the manner hereinafter provided, 
having the qualifications of juror, to appear before such justice of the 
peace at a time to be fixed by him, within ten days from the time such 
certificate was presented to him, to assess such damages. 

§ 79. The commissioners of highways shall also notify each and 
every owner of land — if known, and a resident of the county — whose 
damages are to be assessed, that they will apply to some justice of the 
peace of the county (giving the time when and place where) to have a 
jury impanueled to assess such damages. 

§ 80. Upon the presentation of sucli certificate by the commissioners 
of highways, the justice of the peace shall forthwith name eighteen 
—18 



178 ROADS AND BRIDGEg. 

persons having the qualifications of jurors, two-thirds of whom shall 
not be residents of the town in which the proposed road is located. The 
commissioners of highways shall have the right to strike from such hst 
of names the names of six of such persons named, and the owners of 
the lands whose damages are to be assessed, or their authorized agent 
or agents, shall also have the right to strike from such list the names of 
six other persons. The striking from the list of said names shall be done 
alternately, one at a time, by the commissioners of highways and the 
claimants, the commissioners beginning first; and the six persons whose 
names still remain on said list, shall comprise the jiuy to assess such 
damages : Provided^ that if the commissioners of highways and the 
owners of lands shall fail to strike from such list the names of twelve 
persons, the justice of the peace shall select from the names still re- 
maining, the six persons to constitute said jury. 

§ 81. At the trial of the case, either party shall have the right of 
challenge for cause, and for that only ; and any deficiency in the num- 
ber of jurors, from whatever cause, shall be supplied by summoning 
other persons residing in the township, or in an adjoining township, in 
the same manner as in a civil case. Such justice of the peace shall 
notify the owners of such land mentioned in such certificate to appear 
at the same time before such justice to prove their damages. 

§ 82. In case it shall appear, either from the certificate of the com- 
missioners, the affidavit of any person, or the return of any officer to 
whom the notice may be delivered for service, that there is an unknoAvn 
owner or owners who cannot be found and served within the county, 
such justice shall also cause notice to be posted in three of the most 
public places in the vicinity of such proposed road or alteration, at least 
six days before the time fixed for the appearance of such jury, stating 
when such jury is to be impanneled by him, and describing the road to 
be established, altered, widened or vacated as petitioned for, and the 
lands for which damages are to be assessed. 

§ 83. The notice to such owners of lands may be served by any con- 
stable or one of the petitioners, or other person of lawful age, at least 
five days before the time of appearance. If ^ny of such owners is an 
infant, such summons shall be served by delivering a copy to the infant 
or its guardian, if any ; if no guardian, the person with whom he or she 
resides. If any owner is a lunatic, or habitual drunkard having a con- 
servator, or insane, by delivering a copy to his conservator, if any ; if 
any such owner is a married woman, by delivering a copy to her. 

§ 84. The jury shall appear before and be sworn or affirmed by such 
justice, faithfully and impartially to assess the damage of each of the 
owners specified in such certificate, or those of them whose claims are 
then to be adjusted, according to law to the best of theii* judgment and 
understanding ; and all parties in interest shall be entitled to subpenas 
and other writs and papers, and the trial shaU be conducted as in other 
civil cases. 

§ 85. The jury shall hear such lawful evidence touchina; the question 
of such damages as may be presented to them ; and shall also, on re- 
quest of a majority of the road commissioners or owners of lands whose 
damages are to be determined, in a body, ^dsit and examine the pro- 
posed location, alteration, widening or vacation of such road, and the 
lands to be taken and affected thereby, and make a written verdict 
specifying the amount of damages, if any, which each such owner shall 
recover, and return the same to such justice, to be by him entered on 
his docket in the nature of a judgment, to be paid by such commis- 



ROADS AND BRIDGES. 179 



sioners, together with the costs of such suit, in case they shall finally 
determine to establish, alter, widen or vacate such road ; and the money 
therefor shall be paid by the town, out of the funds in the hands of the 
treasurer of the commissioners of highways, raised for road and bridge 
purposes : Provided, that in estimating damages the jury may consider 
the benefits conferred, or may disregard such benefits ; but no benefits 
enjoyed in common by the owners of surrounding property shall be con- 
sidered in estimating damages. 

§ 86. Provided, that when there are several such owners the jury 
may assess the damages or one or more or all of them at the same time, 
or they may assess such damages at difierent times, or there may be 
different juries and trials at different times for different owners if any 
owner shall demand a separate trial; and any such assessment of 
damages may be continued from time to time for good cause, with the 
like effect as continuances in other cases before justices of the peace. 

§ 87. Within thirty days after the total amount of damages shall 
have been ascertained, either by release or agreement of the parties, or 
by assessment before a justice of the peace and a jury, in the manner 
hereinbefore provided, the commissioners shall hold a meeting to finally 
determine upon the laying out, altering, widening or vacation of such 
road, of which meeting said commissioners shall give public notice, by 
causing not less than three notices thereof to be posted in public places 
within the town, at least five days prior thereto. 

§ .88. In cases where the damages are not wholly released or agreed 
upon, and the commissioners shall be of the opinion that the damages 
assessed by the jury are manifestly too high, and that the jjayment of 
the same would be an unreasonable burden upon the tax pajxrs of the 
town, the commissioners may revoke all proceedings had upon the peti- 
tion by a written order to that effect. And such revocation shall have 
the effect to annul all such proceedings and assessments,' releases and 
agreements, in respect to damages growing out of the i)roceedings upon 
the petition. 

§ 89. In case the commissioners shall not revoke such prior proceed- 
ings they shall make an order, to be signed by them, declaring such 
road so altered, widened or laid out a public highway, and which order 
shall contain or have annexed thereto a definite description of the Line 
of such road, together with a plat thereof. The commissioners shall, 
within ten days from the date of such order, cause the same, together 
with the report of the surveyor, the petition and releases or agreements 
in respect to damages, to be deposited and filed in the office of the town 
clerk, who shall note upon such order the date of such filing. It shall 
be the duty of such clerk, after the time for appeal to supervisors has 
expired, and in the case of such appeal, after the same shall have been 
determined, in case the j)rayer of the petition is granted, to record such 
order, together with the plat of the sui'veyor, in a proper book to be 
kept for that purpose. 

§ 90. In cases where the damages claimed by the land owners for 
the right of way is released, or is agreed upon between the land owners 
and tiie commissioners, the commissioners may, at their first meeting, 
or at an adjourned meeting, examine the route of the road, and cause a 
survey thereof to be made, and make their order establishing, altering, 
widening or vacating the road, according to the prayer of the petition, 
and return the same within the time and in the manner specified in this 
act. 



180 ROADS AND BRIDGES. 



§ 91. Any person or persons interested in the establishment, altera- 
tion, widening or vacation of any road in this state, are hereby author- 
ized to offer inducements to the commissioners of highways, for the es- 
tablishment, alteration, widening or vacation of any such road, by en- 
tering into contract with said commissioners, conditioned upon such 
establishment, alteration, widening or vacation, to pay money or any 
other valuable thing to the town, for the benefit of the road and bridge 
funds of the same, or to perform any labor, or to construct any road, 
bridge or culvert on any road which said person or persons desire to 
have established, widened or altered. And such contracts, in writing, 
made with said commissioners, shall be deemed good and valid in law, 
and may be enforced by said commissioners or their successors in office, 
before any court having jurisdiction. 

§ 92. The record of the town clerk, or a certified copy of such record, 
and papers relating to the establishment, location, alteration, widening 
or vacation of any road, shall he prima faeie evidence in all cases that 
all the necessary antecedent provisions had been complied with, and 
that the action of the commissioners of highways,* or other ijersons and 
officers in regard thereto, were regular in all respects. 

§ 93. Eoads for private and public use, of the width of three rods or 
less, may be laid out from one dwelling or plantation of an individual 
to any public road, or from one public road to another, or from one lot 
of laud to another, or from a lot of land to the highway, on petition to 
the commissioners of highways, by any person directly interested. The 
commissioners, on receiving such petition, shall have power to lay out 
the road as asked for therein, to which end they shall proceed and ex- 
amine into the merits of the case, and shall be governed in their pro- 
ceedings by the rules and regulations prescribed in this act in relation 
to public roads. The jury shall consider the damages that may result 
to parties from said proposed road, and shall assess the damages to each 
individual owner of lands affected thereby. The amount of such dam- 
ages shall be paid by the persons benefited thereby, to the extent and 
in proportion that they are benefited, to be determined and declared by 
the jmy. The remainder of the amount of damages over and above that 
to be paid by the jjarties as aforesaid, shall be i^aid by the land as in 
other cases. The amount of damages to be paid by individuals, shall 
be paid to the persons entitled thereto before the road shall be opened 
for use. An appeal may be taken on the question of the propriety" and 
necessity of such road as in other cases. 

§ 94. K such private road or cartway shall not be opened by the pe- 
titioners or their assigns within two years from the time of making the 
order for the location of the same, such order shall be regarded as re- 
scinded. 

§ 95. When such private road or cartway is proposed to pass over 
inclosed lands, the owners of such lands shall have a reasonable time, 
not exceeding eight months, to be designated by the commissioners of 
highways, to harvest crops and remove fences which may be on such 
land before such road or cartway shall be opened. 

§ 90. The commissioners of highways may, in their discretion, pay 
persons who live on or have private roads which are used by the public, 
for work done on such roads ; but in no case shall they be alloAved more 
than the amount of their road tax for the year in which the work is 
done. 



ROADS AND BEIDGES. ' 181 

§ 97. Public roads may be established, altered, widened or vacated 
on townsliip or county lines, in the same manner as other public roads, 
except that in such case a copy of the petition shall be posted up in and 
presented to the commissioners of highways of each town interested ; 
whereupon it shall be the duty of the commissioners of highways of the 
several towns to meet and act as one body, in the same time and man- 
ner as in other cases, in considering the petition, \iewing the premises, 
adjusting damages, and making all orders in reference to such proposed 
road, alteration, widening or vacation, and a majority of all such com- 
missioners must concur in all such orders. And a copy of all hnal or- 
ders and plats and papers shall be filed and recorded in each of the 
counties and towns interested. 

§ 98. The commissioners of highways shall also, in case a new road 
is established, allot to each of such towns the part of such road which 
such town shall open and keep in rei)air, and the part so allotted shall be 
considered as wholly belonging to such town. They shall also divide the 
expenses and damages which may accrue from such location, widening 
or alteration, and if they cannot agree, they shall refer the matter to 
three disinterested freeholders, as arbitrators, whose decision shall be 
final, 

§ 99. Any person or persons interested in the decision of the com- 
missioners of highwaj^s, in determining to or in refusing to lay out, al- 
ter, widen or vacate any road, or revoking any previous order or deci- 
sion relative to any road, or from the verdict of any jury in-assessing 
damages in opening, altering or vacating any road, may appeal from 
such decision to three supervisors of the county, outside of the town in 
which such road or proposed road is located, by giving a written notice 
of such appeal to the said commissioners of highways, and to at least 
three of the petitioners, and also to the same parties a notice when and 
where such appeal will be tried, at least three days before such trial, 
within ten days after such decision has been filed in the office of the 
proper clerk ; and shall also present a written petition to some justice 
of the peace of the county, asking for an appeal, and stating on what 
grounds such appeal is taken. 

§ 100. It shall be the duty of the justice of the peace to cause to be 
summoned three supervisors of the county to hear such appeal ; and 
said supervisors shall fix upon a time and place when said appeal will 
be heard by them ; and upon such appeal the said supervisors shall 
have the same power and authority that is by this act conferred on the 
commissioners of highways, not only in regard to the laying out, alter- 
ing, widening or vacating any road, but shall have the same power to 
cause a jury to be called to assess damages, whenever the state of the 
proceedings require it, and the supervisors cannot agree with the own- 
ers of the land in regard to the same. 

§-.101. And they shall make a report of their proceedings and decis- 
ion in the case, and in like manner that is by this act required by the 
highway commissioners, and shall be entitled to the same compensa- 
tion ; and their decision shall be final in regard to laying out, altering 
widening or vacating such road, or in refusing to do the same, for one 
year after such decision. 

§ 102. Any parties taking an appeal from the award of the decision 
of the highway commissioners, or the verdict of the jury, shall pay the 
cost of such appeal, in case the award or the decision of 'tbe highway 
commissioners, or the verdict of a jury, is in all things sustained ; and 



182 ROADS AJnTD BREDaES. 



shall file a suflScient bond with the justice of the peace or town clerk, 
before taking such appeal, guaranteeing such payment in such case. 

§ 103. The decision of a majority of the supervisors in any appeal 
case shall be taken as the decision of said supervisors. 

§ 104. When the commissioners of highways of one town disagree 
with the commissioners of highways of an adjoining town in regard to 
the laying out of a new road, or the alteration, widening or vacation of 
an old road, on any county or town line, appeals may be taken from 
such decision in the same manner as set forth in section 99 of this act : 
Provided, that when such decision is in regard to a road on a county line, 
two supervisors and one commissioner of highways shall be selected 
from one county, and two commissioners of highways and one super^n- 
sor shall be selected from the other. The county from which the two 
supervisors shall be selected, shall be determined by the party or i)ar- 
ties taking the appeal, and the justice of the peace shall issue his sum- 
mons accordingly. 

§ 105. All roads heretofore laid out upon town or county lines, shall 
be divided, allotted and kept in repair in- the manner as hereinbefore 
directed. Any public road that is or shall hereafter be laid out on a 
county or town line, shall be held to be a road or a county or town line, 
although, owing to tlie topography of the ground along said county or 
town line, or at the crossing of any stream of water, the proper author- 
ities; in establishing or locating such road, may have located a i^ortion 
of the same to one side of such county or town line. 

§ 106, Roads may be laid out and opened upon the line between this 
and any adjoining state, as provided in the preceding sections, when- 
ever the laws of such adjoining state shall be applicable. 

§ 107. Bridges over streams which divide towns or counties, and 
bridges over streams on roads on county or town lines, shall be built 
and repaired at the equal expense of such towns or counties : Provided, 
that for tlie building and maintaining of bridges over streams near 
county or town lines, in which both are equally interested, the expense 
of building and maintaining any such bridges shall be borne equally by 
both counties or towns. 

§ 108. For the purpose of building or keeping in repair such bridge 
or bridges, it shall be lawful for the commissioners of highways of 
such adjoining towns or counties to enter into joint contracts, 
and such contracts may be enforced, in law or equity, against 
such commissioners jointly, the same as if entered into by individuals, 
and such commissioners may be proceeded against, jointly, by any par- 
ties interested in such bridge or bridges, for any neglect of duty in ref- 
erence to such bridge or bridges, or for any damages growing out of 
such neglect. 

§ 109. If the commissioners of highways of either of such towns, af- 
ter reasonable notice in writing from the commissioners of highways of 
any other such towns, shall neglect or refuse to build or repair any such 
bridge, when any contract or agreement has been made in regard to the 
same, it shall be lawful for the commissioners so giving notice to build 
or repair the same, and to recover, by suit, one-half (or such amount as 
shall have been agreed upon) of the expense of so building or repairing 
such bridge, with costs of siiit and interest from the time of the com- 
pletion thereof, from the commissioners so neglecting or refusing. 

§ 110. Any judgment so recovered against the commissiouers of 
highways of either of such towns, shall be a charge on such town, un- 



ROADS AND BRroaEg. 183 



less the court shall certify that the neglect of [or] refusal of such com- 
missioners was willful or malicious, in which case only such commis- 
sioners shall be personally liable for such judgment, and the same may 
be enforced against them in their personal and individual capacity. 

§ 111. When it shall be necessary to build, construct or repair any 
bridge or road in any town, which would be an unreasonable burden to 
the same, the cost of which will be more than can be raised in one year 
by ordinary road taxes in such town, the commissioners of highways 
shall present a petition to the county iDoard of the county in which such 
town is situated, praying for an appropriation from the county treasury 
to aid in the building, constructing or repairing of such bridge or road, 
and such county board may (a majority of all the members elect voting 
for the same) make an appropriation of so much for that purpose as, in 
their judgment, the nature of the case requires and the funds of the 
county will justify ; said appropriation to be expended under the super- 
vision of an authorized agent or agents of the county, if the county 
board shall so order. 

§ 112. When it shall be necessary to build a bridge in any town 
which would require a larger sum of money to complete than is au- 
thorized to be raised by taxation under the constitution upon a single 
year's assessment, the commissioners of highways shall petition the su- 
pervisor of the town to call a special town meeting to vote on the pro- 
position " to borrow money to build a bridge," which said petition shall 
be signed by said commissioners in their official capacity, and by at 
least twenty-five freeholders of such town ; and thereupon such petition 
shall be filed in the office of the town clerk of such town. Upon the 
filing of said petition, the supervisor shall order the town clerk, by an 
instrument in writing, to be signed by him, to post up in four of the 
most public places in said town, notices of such special town meeting ; 
which notice shall stale the object, time and place of meeting, and thie 
manner in which the voting is to be had, which shall be invariably by 
ballot, and shall be " to borrow money to build a bridge," when the 
voter desires to vote in favor of that proposition, and " against the pro- 
position to borrow money to build a bridge," when the voter desires to 
vote against said proposition. The special town meeting shall be held 
and returns thereof made in the same manner as other special town 
meetings are now or may hereafter be provided by law ; and if it shall 
appear that a majority of the legal voters voting at said election shall 
be in favor of said proi^osition, the supervisor and town clerk, acting 
under the direction of the commissioners of highways of said town, shall 
issue from time to time, as the work progresses, a sufficient amount in 
the aggregate of the bonds of said town for the purpose of building such 
bridge; such bonds to be of such denominations, bear such rate of in- 
terest, not exceeding ten per cent., upon such time, and be disposed of 
as the necessities and conveniences of said town officers require : Fro- 
vided, that said bonds shall not be sold or disposed of for less than their 
par value, and such town shall provide for the payment of such bonds 
and the interest thereon by appropriate taxation. 

§ 113. Upon the petition of twelve legal voters, it shall be the duty 
of the commissioners of highways of each town, within a reasonable 
time, to employ a competent surveyor, and have any road or roads desig- 
nated in such petition in their several towns re-surveyed, and plats there- 
of made, which plats and surveys shall be by them filed for record in 
the office of the town clerk : Provided, that this section shall not apply 



184 ROADS AND BRIDGES. 



where the same has been already done, unless the exact location of such 
road is uncertain. 

§ 114. The establishment of a new road on the route of a road al- 
ready established according to law, shall not vacate the road previously 
established, unless such vacation is prayed for in the petition, and so 
declared in the order establishing the new road. 

§ J 15. The commissioners of highways of the several towns are here- 
by authorized to contract for the building and repairing of bridges in 
their respective towns, and they may let such contracts by a public let- 
ting to the lowest responsible bidder, upon proper notice being given by 
posting copies of such notice in at least three public i>laces in their town, 
not less than ten days before the time of such public letting ; or if they 
deem it to be to the interest of their town, they may, to an amount not 
exceeding twenty-five dollars, privately contract with persons, as they 
shall deem best, for putting bridges in good repair ; but in no case shall 
such contracts exonerate such commissioners from liability for failure to 
keep such bridges in repair. 

§ 110. Provided, that the collector of taxes shall receive from any 
taxpayer, in ijayment of said taxpayer's road and bridge tax, any order 
of the commissioners of highways, on their treasurer, for work done on 
or material furnished for the construction or repairs of the highways or 
bridges, in any sum not to exceed the amount of such person's road and 
bridge tax then due. 

§ 117. Whenever a public road is ordered to be established or al- 
tered, according to the provisions of this act, which road shall pass 
through or on inclosed land, the commissioners of highways shall give 
the owner or occupant of such land sixty days' notice in writing, to re- 
move his fences. If such owner or occupant does not remove his fence 
within sixty days after such notice, the commissioners shall cause the 
same to be removed, and direct the road to be opened and worked ; and 
such owner shall forfeit to such commissioners the sum of one dMlar for 
every day he shall permit his fence to remain after the expiration of said 
sixty days, and shall pay all necessary cost of removal, to be collected 
by said commissioners before any justice of the peace having jurisdiction. 

§ 118. The commissioners of highways shall receive for their services 
the sum of one dollar and fifty cents per day for each day necessarily 
employed in the performance of their duties, the same to be audited by 
the town auditors and paid out of the town funds. 

§ 119. All highways laid out by order of the commissioners or super- 
visors, on appeal, shall be opened within five years from the time of 
laying out the same. If not opened within the time aforesaid, the same 
shall be deemed to be vacated. 

§ 120. The highway commissioners of each town shall, annually, as- 
certain, as near as practicable, how much money must be raised by tax 
on real and personal property for the making and repairing of bridges, 
the payment of damages by reason of the opening, altering and laying 
out of new roads, the purchase of necessary tools, implements and ma- 
chinery for working roads ; the purchase of the necessary material for 
building or , repairing roads and bridges, the pay of the overseers of 
highways during the ensuing year ; and shall levy a tax on all the real 
and personal property in said town, not exceeding forty cents on the 
one hundred dollars ; and they shall give to the super\'isor of the town- 
ship, and in Cook county to the county board, a statement of the amount 
necessary to be raised, and the rate per cent, of taxation, signed by said 



EOADS AND BRIDGES. 185 



commissioners, or a majority of them, on or before the Tuesday next 
preceding- the annual September meeting of the board of supervisors, 
or the county board in Cook county, who shall cause the same to be 
submitted to said board for their action at such September meeting of 
said board : Provided^ that if the commissionei's of highways, or any 
three legal voters, shall give notice, by posting notices in at least three 
of the most public places of the town at least ten days before the annual 
town meeting, that a larger amount of money will be required for the 
purpose of constructing or repairing roads or bridges in their town than 
can be I'ealized from the real and personal property tax authorized by 
law to be assessed by the commissioners, the legal voters present at 
such meeting may authorize an additional amount to be raised by tax, 
not exceeding sixty cents on each one hundred dollars' valuation, and 
said board shall cause the same to be extended on the tax books. 

§ 121. According to the amount certified as aforesaid, the county 
clerk, when making out the tax books for state and county taxes for the 
collector, shall extend the necessary tax in a separate column against 
each taxpayer's name, or taxable property, as other taxes are extended, 
which shall be collected the same as state and county taxes. 

§ 122. It shall be the duty of the county clerk to make out and de- 
liver, on demand, to the treasurer of the commissioners of highways, a 
certificate of the aggregate amount of tax so levied and placed upon 
the tax books. 

§ 123. The tax so collected shall be paid to the treasurer of the com- 
missioners of highways, except as provided in section sixteen (10) of 
this act, by the collector, as fast as the same is collected, except such 
rate per cent, as shall be allowed for collecting the same. 

§ 124. The commissioners of highwaj^s shall furnish to the clerk of 
the county court, previous to the first day of October in each year, a list 
of taxpayers (aljthabetically arranged) of each district. 

§ 125. Any tax or moneys collected by the township or county col- 
lectors of the various counties for road and bridge purposes under the 
provisions of an act entitled "An act in regard to roads and bridges," 
approved Ai)ril 10, 1872, shall be paid by said collectors to the trea- 
surer of commissioners of highways, and be by said commissioners, after 
reserving sufficient to pay for the i)urchase of implements and the pay- 
ment of damages, and the pay of the overseers, distributed to the over- 
seers of highways of the various road districts from which it was col- 
lected, as near as may be. Said moneys shall be used by said overseers 
in improving the roads and bridges in their respective towns. 

§ 126. That an act entitled "An act in regard to roads and bridges," 
approved April 10, 1872, and in force August 15, 1872, so far as the 
same relates to counties under township organization, and also all other 
acts or parts of acts inconsistent herewith, be and the same are hereby 
repealed : Provided^ that the repeal of said act shall not affect any suit 
or proceeding pending, or impair any rights existing at the time this act 
shall take effect. 

§ 127. Whereas an emergency exists : therefore, this act shall take 
effect and be in force from and after its passage. 

Approyed April 11, 1873, 



186 STATE TEEASUHER. 



§ 1. To appropriate surplus moneys in the payment of any indebtedness 
existing against towns or villages. 
In force May 3, 1873. 

AN ACT in relation to snrplns funds raised in towns and villages for town, road and bridge purposes. 

Whereas various towns and villages in this state, by a vote of the 
electors thereof, did, in pursuance of law, raise moneys for town, road 
and bridge purposes ; and whereas, in many towns and villages in this 
state, a surplus of such moneys remains on hand ; and whereas, there 
is no statute authorizing the appropriation or use of such surplus for 
any other purpose than that for which the same was raised; therefore, 

Section 1. Be it enacted by the People of the State of Illinois^ repre- 
sented in the General Assembly, That the several towns and villages of 
this state which may have a surplus of money raised for town, road and 
bridge purposes, as aforesaid, be and they are hereby authorized, by 
vote of a majority of the trustees or other proper officers of any such 
town or village, to approi)riate any such surj)lus moneys to the pajTnent 
of any indebtedness existing against any such town or village, and for 
no other purpose. 

§ 2. Whereas there is now no statute authorizing the transfer of such 
funds, wherefore an emergency exists for the immediate passage of this 
act; therefore, this act shall take effect and be in force from and after 
its passage. 

Approved May 3, 1873. 



STATU TREABUREE. 



§ 1. Amount^ security and approval of bond. 

§ 2. Oath prescribed and ichere to be filed. 

§ 3. Governor may require additional bond. 

§ 4. When office shall be declared vacant. 

§ 5. Oficial seal. 

§ 6. Suits may be instituted against treasurer or sureties. 

§ 7. Shall receive all revenues and other public moneys. 

§ 8. Auditor^s order directing treasurer to receive money. 

§ 9. Treasurer to receipt for moneys in duplicate. 

§ 10. Shall not pay out any money except on auditor'' s ivarrants. 

§ 11. To countersign and record all warrants. 

§ 12. Sluill licep regular and fair accounts of receipts and disbursements. 

§ 13. All ivarrants to be canceled when paid. 

§ 14. Report monthly to auditor amount received and paid out. 

§ 15. Biennial report to the governor. 

§ 16. Duty of governor in case of vacancy by death. 
In force July 1, 1873. 

AN ACT to revise the law in relation to the state treasurer. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the treasurer of this state shall, 
before entering upon the duties of his office, give bond, with two or 



STATE TEEASUREH. 187 



more sufficient sureties, to be approved by tbe governor and two justices 
of the supreme court, payable to the People of the State of Illinois, in 
the penal sum of five hundred thousand dollars, conditioned for the 
faithful discharge of his duties, and to deliver up all moneys, papers, 
books, records and other property appertaining to his office, whole, safe 
and undefaced, to his successor in office, and that he will give additional 
bonds, witli sufficient sureties, when legally required ; which bond shall 
be tiled in the office of the secretary of state. 

§ 2. He shall, before entering upon the duties of his office, take and 
subscribe the oath or affirmation prescribed by section twenty-five, ar- 
ticle five, of the constitution ; which shall be filed in the office of the 
secretary of state. 

§ 3. Whenever the governor shall deem any bond filed by the trea- 
surer insufficient, he may require additional bond, in any penalty not 
exceeding that specified in section one hereof. 

§ 4. If any person elected to the office of treasurer shall fail to give 
bond or take the oath required of him, witliin ten days after he is de- 
clared elected, the office shall be deemed vacant, and if the treasurer, 
being required to give additional bond, as provided in section three 
hereof, fails to do so within twenty days after notice of such require- 
ment, his office may, in the discretion of the governor, be declared va- 
cant, and tilled as provided by law. 

§ 5. The treasurer shall keep an official seal, which shall be used to 
authenticate all writings, papers and documents, required by law to be 
certitied from his office; and copies of all records, writings, papers and 
docimients legally in his keeping, when certified by him, and authenti- 
cated by his official seal, shall be received in evidence in the same man- 
ner and with like effect as the originals. 

§ 6. Whenever the condition of the bond of the treasurer is broken, 
it shall be the duty of the governor to order the same to be prosecuted. 
Suit may be instituted and prosecuted thereon to final judgment against 
the treasurer or his sureties, or one or more of them, jointly or severally, 
without first pstablishing the liability of the treasurer, by obtaining 
judgment against him alone. 

§ 7. The state treasurer shall receive the revenues and all other 
public moneys of the state, and all moneys authorized hj law to be paid 
to him, and safely keep the same. 

§ 8. All persons paying money into the state treasury shall first ob- 
tain from the auditor an order, directing the treasurer to receive the 
same; and if the treasurer shall receive and receipt for any money, 
without such order being presented to him, he shall be removed from 
office. When moneys are sent to the treasury, by express or otherwise, 
it shall be the treasurer's duty to obtain the auditor's order, hereinbefore 
required, before receii^ting therefor. 

§ 9. The treasurer shall, on the receipt of any money, give the per- 
son paying the same duplicate receipts therefor ; which shall be pre- 
sented to the auditor, who shall countersign and return one of them to 
the person presenting the same, and retain the other on file in his office, 
and charge the amount thereof against the treasurer. No receipt shall 
be of any validity unless the same is so countersigned. 

§ 10. The treasurer shall not pay out of the treasury any money, ex- 
cept upon the warrant of the auditor. 



188 STATE TREASURER. 



§ 11. When any warrant is presented to him to Be countersigned, or 
for payment, the treasurer shall personally countersign the same, and 
shall also enter in a book, to be kept for that purpose by him, the date, 
amount and name of the person to whom the same is made payable. 

§ 12. He shall keep regular and fair accounts of all moneys received 
and paid out by him, stating, particularly, on what account each amount 
is received or i^aid out. 

§ 13. On the payment of any warrant, the treasurer shall cancel the 
same with a canceling hammer, or some proper canceling instrument, 
which will cut or perforate the paper. 

§ 14. He shall, at the close of each month, report to the auditor the 
amount of money received and paid out by him during the month, 
stating on what account the same was received and paid ; and shall, at 
the same time, deposit with the auditor all warrants, x^roperly canceled, 
which he may have paid, and take the auditor's receipt for the same. 

§ 15. He shall also make out and jiresent to the governor, at least 
ten days before each regular session of the general assembly, a full re- 
port of all moneys by him received and paid out, and also a general 
account of all the business of his office. 

§ 16. In case of the death of the treasurer, it shall be the duty of the 
governor to take possession of the office of such treasurer, and cause 
the vaults thereof to be closed and securely locked, and so remain until 
a successor is appointed and qualified ; and at the time such successor 
takes possession of the office, he, together with the auditor of public 
accounts and any of the bondmen of the deceased treasurer who shall 
be present, shall proceed to take an account of all the moneys, papers, 
books, records and other property coming into his possession; and the 
auditor shall take of such succeeding treasurer his receipt therefor, and 
keep the same on file in his office. 

§ 17. So much of chapter thirteen of the Revised Statutes of 1845, 
entitled "Auditor and Treasurer," as refers to the state treasurer, and 
an act entitled "An act to x)rovide for canceling auditor's warrants," 
approved February 18, 1845, and an act entitled "An act concerning 
the public treasury," approved February 21, 1845, and all other acts and 
parts of acts in conflict with this act, are hereby repealed, except as 
herein re-enacted: Provided, that this act shall not afftect any rights 
existing or actions pending at the time it takes effect. 

Approved April. 23, 1873. 



WAHEHOUSES. 189 



WAREHOUSES. 



§ 1. Tlie hoard of railroad and. warehouse commissioners to establish 

grades for the inspection of grain. 
§ 2. To appoint committee of appeals. 
§ 3. Duties of committee of appeals. 
§ 4. Commissioners to fix fees in cases of appeals. 
§ 5. Warehouse receipts to he returned — fees for inspection of grain. 
§ 6. What to remain in force. 
In force July 1, 1873. 

AN ACT to amend an act entitled 'An act to regulate public warehouses and the warehousing and 
inspection of grain, and to give effect to article thirteen (13) of the constitution of the state," ap- 
proved April 25, 1871, in force July 1. 1871, and to establish a committee of appeal, and prescribe 
their duties. 

Section 1. Be it enacted hy the People of the State of Illinois^ repre- 
sented in the General Assembly^ That the board of railroad and ware- 
house commissioners shall establish a proper number and standard of 
grades for the inspection of grain, and may alter or change the same 
from time to time : Provided, no modification or change of grades shall 
be made, or any new ones established, without public notice being given 
of such contemplated change, for at least twenty days prior thereto, by 
publication in three daily newspapers printed in each city containing 
warehouses of class "A" : And, provided, further, that no mixture of old 
and new grades, even though designated by the same name or distinc- 
tion, shall be permitted while in store. 

§ 2. Within twenty days after this act takes effect, the board of 
railroad and warehouse commissioners shall appoint three discreet and 
competent persons to act as a committee of appeals, in every city where- 
in is located a warehouse of class A, who shall hold their office for one 
year aud until their successors are appointed. And every year there- 
after a like committee of appeals shall be ap]3ointed by said commis- 
sioners, who shall hold their office for one year and until their successors 
are appointed: Provided, said commissioners shall have power, in their 
discretion, to remove from office any member of said committee at any 
time, and fill vacancies thus created by the appointment of other dis- 
creet persons. 

§ 3. In all matters involving doubt on the part of the chief inspector, 
or any assistant insj)ector, as to the proper inspection of any lot of grain, or 
in case any owner, consignee or shipper of grain, or any warehouse mana- 
ger, shall be dissatisfied with the decision of the chief inspector or any 
assistant inspector, an apj)eal may be made to said committee of ap- 
peals, and the decision of a majority of said committee shall be final. 
Said board of commissioners are authorized to make all necessary rules 
governing the manner of aj)peals, as herein provided. And all com- 
plaints in regard to the inspection of grain, and all notices requiring the 
services of the committee of appeals, may be served on said committee, 
or may be filed with the warehouse registrar of said city, who shall im- 
mediately notify said committee of the fact, and who shall furnish said 
committee with such clerical assistance as may be necessary for the 
proper discharge of their duties. It shall be the duty of said commit- 



190 WATER WORKS. 



tee, on receiving such, notice, to immediately act on and render a decision 
in eacli case. 

§ 4. For every case decided by said committee of appeal, they shall 
be entitled to such fees as may be fixed by the board of railroad and 
warehouse commissioners, not to exceed three dollars for each member 
of said committee for each case submitted ; said fees to be paid either 
from the inspection fund or by the j^arty taking the appeal, as the com- 
missioners shall direct; and all necessary expenses incurred in carrying 
out the provisions of this act, except as herein otherwise provided, shall 
be paid out of the funds collected for the inspection service, on the order 
of the commissioners. 

§ 5. ISTo grain shall be delivered from store from any warehouse of 
class A, for which or representing which warehouse receipts shall have 
been issued, except upon the return of such receipts, stamped or other- 
wise plainly marked by the warehouse registrar with the words "regis- 
tered for collection," and the date thereof; and said board of commis- 
sioners shall, have power to fix the rates of charges for the inspection of 
grain, both into and out of warehouses ; which charges shall be a lien 
upon all grain so inspected, and may be collected of the owners, receiv- 
ers or shippers of such grain, in such manner as the said commissioners 
may prescribe. 

§ 6. Section thirteen (13) of the act to which this is an amendment, is 
hereby repealed : Provided, the i)ro visions contained in said section shall 
remain in force until the grades for the inspection of grain shall have 
been established by the commissioners, as provided in section one of 
this act. 

Approved April 15, 1873. 



WATUB WORKS. 



§ 1. Erection, construction and maintaining waterworls autJiorized. 

§ 2. May borrow money, levy and collect a tax therefor. 

§ 3. May go beyond its territorial limits, and procure riglit of way as 

provided: hy laio. 
§ 4. Potoers of common council. 

§ 5. Assessment and collection of taxes for special henefts. 
§ 6. Separate fund to pay costs, interest 07i bonds or money borrowed. 
§ 7. What cities, towns or villages this act shall not apply to. 
In force A^jril 15, 1873. 

AN ACT autliorizing cities, incorporated towns and villages to constmct and maintain water Tvorks. 

' Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That all cities, incorporated towns and 
villages in this state be and are hereby authorized, and shall have power 
to proA, ide for a supply of water for the purposes of fire protection, and 
for the use of the inhabitants of such cities, incorporated towns and vil- 
lages, by the erection, construction, maintaining of a system of water 
works : Provided, that all contracts for the erection or construction of 
such works, or any i)art thereof, shall be l£t to the lowest responsible 



WATER WORKS. 191 



bidder therefor, upon not less than three weeks' public notice of the 
terms and conditions upon which the contract is to be let having been 
given, by publication in a newspaper published in such city, town or 
tillage ; or if no newspaper is published therein, then in some news- 
paper published in the county : And, provided, further, that no member 
of the city council or board of trustees, or mayor, shaU be directly or 
indirectly interested in any such contract ; and in all cases the council 
or board of trustees, as the case may be, shall have the right to reject 
any and all bids that may not be satisfactory to them. 

§ 2. Such cities, incorporated towns and villages may borrow money 
and levy and collect a general tax in the same manner as other muni- 
cipal taxes may be levied and coEected for the erection, construction 
and maintaining of such water works, and appropriate money for the 
same. 

§ 3. For the purpose of erecting, constructing, locating, maintaining, 
or supplying such water works, any such city, incorporated town or vil- 
lage may go beyond its territorial limits and may take, hold and acquire 
property- and real estate by xjurchase or otherwise ; and shall also have 
the power to take, hold and acquire and condemn any and all necessary 
property and real estate for the location, erection, construction and 
maintaining of such water works, in the manner jn'ovided for the taking 
and condemning of private property for i)ublic use ; and may also ac- 
quire and hold real estate and other property and rights necessary for 
the location, erection, construction and maintenance of such water works, 
by purchase or otherwise; and the jurisdiction of such city, town or vil- 
lage to prevent or punish any pollution or injury to the stream or source 
of water for the supply of such water works, shall extend ten miles be- 
yond its corporate limits. 

§ 4. The common council of such cities, or trustees of such towns or 
^illages, shall have power to make and enforce all needful rules and 
regulations in the erection, construction and management of such water 
works, and for the use of water supplied by the same. And such cities, 
towns and villages shall have the right and power to tax, assess and 
collect irom the inhabitants thereof such tax, rent or rates for the use 
and benefit of water used or supplied to them by such water works, as 
the common council or board of trustees, as the case may be, shall deem 
just and expedient. And all such water taxes, rates or rents shall be a 
lien upon the premises and real estate, upon or for which the same is 
used or supplied. And such taxes, rents or rates shall be paid and col- 
lected, and such lien enforced, in such manner as the common council 
shall, by ordinance, direct and provide. 

§ 5. The expense of locating, erecting and constructing reservoirs 
and hydrants for the purpose of fire protection, and the expense of con- 
structing and laying water main pipes, or such part thereof as may be 
just and lawful, may be assessed ui)on and collected from the proi^erty 
and real estate specially benefited thereby, if any, in such manner as 
may be provided for the making of special assessments for other public 
improveiAeuts in such cities, towns or villages. 

§ 6. All the income received by such cities, towns or villages from 
such water works, from the payment and collection of water taxes, rents 
or rates, shall be kept in a separate fund, and shall first be applied in 
the payment and discharge of the costs, interest on bonds or money 
borrowed and used in the erection and construction of such water works 
and running expenses thereof. And any surplus may be applied in such 
manner as the common council or board of trustees may direct. 



192 WOMEN. 



§ 7. The provisions of this act shall not apply to cities, towns or vil- 
lages in which water works are now managed or controlled by a board 
of public works. 

§ 8. Whereas many of the cities embraced in this act are entirely 
without adequate protection from fires, and are without lawful authority 
to provide the necessary means of protection authorized by this act ; 
therefore an emergency exists, that this act should take effect immedi- 
ately: therefore, this act shall take effect and be in force from and after 
its passage. 

Approved April 15, 1873. 



WOMUI^. 



§ 1. A7iy woman J having the qualifications prescribed for men, eligible 

to any office under general or special school laics. 
§ 2. Shall qualify and give bond. 
In force July 1, 1873. 

AN ACT to authorize the election of women to school offices. 

Section 1. Be it enacted by the People of the State of Illinois^ repre- 
sented in the General Assembly, That any women, married or single, of 
the age of twenty-one years and upwards, and possessing the qualifica- 
tions prescribed for men, shall be eligible to any office under the general 
or special school laws of this state. 

§ 2. That any woman elected or appointed to any office under the 
provisions of this act, before she enters upon the discharge of the duties 
of the office, shall qualify and give bond as required by law, and such 
bond shall be binding upon her and her securities. 

Approved April 3, 1873. 



DEPARTMENT OF STATE, OFFICE OF SECKETAET, • 

Sprkgfield, Ilunois, May 20, 1873. 

I, George H. Haelow, Secretary of State of the State of niinois, do hereby certify that the fore 

going printed laws are true and perfect copies of the enrolled laws passed at the first session of the 

Twenty-eighth General Assembly, and on tile in this office, with the exception of the words printed in 

brackets, thus [ ]. 

GEO. H. HARLOW, 

Secretary of State, 



INDEX. 



PAGE. 

ADMINISTRATION OF ESTATES: 
Amend act of 1872 1 

AGEICirLTUKE: 
Ee-organize County societies 2 

ANIMALS AT LAEGE : 

Prohibit, amend act of 1872 3 

" towns may, by vote 3 

'' in certain towns, unconditionally.. 4 

APPEOPEIATIONS : 

Blind Asylum : 

Building fund 5 

Ordinary expenses 6 

Copperas Creek : 
Dam across 6 

Deaf and Dumb : 

Erection of chapel, etc 8 

Ordinary expenses 9 

Eye and Ear Infirmary : 

Building fiuid. 10 

, Ordinary expenses 12 

Executive Mansion : 
Eefumishing and repairing 13 

Feeble-minded Children : 
Ordinary expenses 14 

Geological Eeport : 

Printing and engraving 14 

Eemoval of specimens 15 

Salary of State Geologist 15 

Industrial University : 

Experimental farm — taxes 16 

Ordinary expenses 16 

Insane Asylum, Elgin : 

South wing, erection 18 

Deficiency 19 

Ordinary expenses 20 

Specific expenses 20 

Insane Asylum, Jacksonville: 

Ordinary expenses 21 

Eepairs, etc 21 

Insane Asylum, Anna : 

Centre biiilding, completion 22 

Ordinary expenses 22 

Youchers filed with Governor 23 

Normal University, Noiinal : 

Ordinary expenses .■ 23 

Prevent deficiency 23 

Normal University, Southern : 

Complete and furnish 24 

State Treasurer to disburse 24 

Eeform School, State : * 

Ordinary expenses 24 

Vouchers with Auditor 24 

Soldiers' Orphans' Home : 

Ordinary expenses 25 

Eepairs and Library 25 

Vouchers with Auditor 25 

Soldiers' Monviment : 
Building fund 25 

State House, new : 
Continue.work — appropriation 26 



APPEOPEIATIONS : page. 

State Government : 

General Assembly — next 27 

Officers State Government 27 

Deficiency prior to -Tan. 13, 1873 : 

Bugg, Henry 28 

Carpenter, Frank 28 

Coleman, L. H 27 

Doe, David 38 

Fox & House 28 

Gehring F 28 

Halsted & Co 27 

Harts, P. W 28 

Hummel, Val. B 28 

Ives. H. T 2r 

•Jackson, John 27 

Leroy. L ■ 28- 

Nutt & Barklev 28 

Pickett, Thos. J., Jr 28 

Sampson C , 28 

Sentinel Co., Indianapolis 27 

Springfield Gas Light Co 27 

Springfield Savings Bank 27 

Springfield Water Works 27' 

Tribune Co., Chicago 27' 

Wilhams & Co 28; 

Deficiency until June 30, 1873 29 

Ordinary and Contingent- 30) 

Adjutant-General, clerk hire, etc 30 

AU'en, W. I. (special) 33 

Attorney-General, clerk hire, etc 31 

Auditor P. A . , clerk hire, etc 30 

Charities, Board Public .*. . . 31 

Commissioners South. Insane Asylum. .. 33 

Committees General Assembly. .' 34 

Copying Laws and Journals 33 

Debt, bonded, of State, interest 33 

* Equalization, State Board of 31 

Field Notes and Surveys 31 

Fugitives fromjustiGe 32 

Fund Commissioner, Secretary of 31 

General Assembly, next, employees 33 

Governor's oflice, clerk hire 30 

Interest on S., C. and S. fund 32 

Janitor State House 33 

Penitentiary, conveying convicts .32 

Printing Paper — Stationery 32 

Printing (Public) and Binding 32 

Eailroaii and W. Commissioners 33 

Eeddick, Phelps, Landrum (special) 33 

Eeform School, conveying offenders 32 

Secretary State, clei-k hire, etc 30 

Secretary State House Commissioners... 33-' 

State School fund 33 

State suits 32 

Supt. Public Instruction, clerk hire, etc. 31 

Supreme Court, incidental expenses 32 

Taxes, certain, refund 33 

Supreme Court : 

Furnishing Court House, etc 34 

Incidentarexpenses 32 

AEBITEATIONS AND AWAEDS : 

Law concerning, revise. 35 



ENTDEX. 



PAGE. 

ASSESSMENTS— TAX ATIOIf : 

Act of 1872, amenil 45 

Assessor and Collector, Mayor appoint 59 

Assessments, certain, legalize 58 

Bridges 37 

Cities, Towns and Villages 38 

Collector, City, Council appoint 57 

Taxes, collection of CO 

Taxes of 1872, extend time 43 

AUDITOR PITBLIC ACCOUNTS : 

Appropriation to office 30 

Law concerning, revise 60 

Special duties imposed : 

Appraise lands. State 114 

Copying Laws and Journals 69 

ALTON CITY COURT : 
Act establishing, repeal 84 

BLIND ASYLUM: 
See 'Appropriations." 

BINDING, PUBLIC: 

See 'Appropriations." 

BOUNTY : 

Money raised for ; how disposed of 68 

Orders unpaid, how funded 73 

BRIDGES AND ROADS: 
In couuties not under Township Organiza'n .149 
In counties under Township Organization ...163 
Surplus funds raised for, in towns 186 

COUNTY AGRICULTURAL SOCIETIES : 
Re-organize 2 

COPPERAS CREEK: 
Dam across 6 

CEMETERIES : 
Removal of remains in 64 

CHAIS,'CERY, MASTERS IN: 
Define duties of 64 

•CITIES AND VILLAGES: 

Act approved April 10, 1872, amend 66 

City officers, salaries of 67 

Defects in charters, cure 66 

Money for specific purpose 68 

COPYING LAWS AND JOURXALS : 
Act concerning, genoi'al 68 

CONTRACTS : 
Under seal and otherwise 70 

COUNTIES : 

Bonds of, amend act of 1872 71 

Bounty orders, how funded 73 

County Treasurer and County Assessor 74 

'I'erritory, transfer of 74 

"Winnebago, amend act concerning 76 

COAL MINING : 
Intimidation of workmen 76 

COURT, ALTON CITY: 
Repeal act establishing 84 

COURT, CIRCUIT: 

Branch courts authorized 81 

Common Pleas Court of Mattoon 82 

Mx times for holding 77 

Jurisdiction extended — insurance suits 77 

Present judges may iix times to hold court.. 82 

COURT, COMMON PLEAS, MATTOON: 
Repeal act establishing 82 

COURT, RECORDER'S, LaSALLE &. PERU : 
Repeal act so far as applies to Peru 85 



PAGE- 

COURT, COUNTY: 

Causes, certain, transfer of 87 

Definition of * 89 

Terms of, fix 87 

COURTS OF RECORD : 
Practice in, act of 1872, amend 89 

COURT, SUPERIOR: 
Clerks of, in Cook county 90 

COURT, SUPREME: 

Furnishing Court House 34 

laciaeutal expenses 32 

CONVEYANCES: 
Act of 1872, sec. 28, amend *. . . 91 

CIRCUITS, JUDICIAL: 
State divided into 105 

DAM AND LOCK: 

Advertise for proposals 7 

Copperas Creek 6 

Commissioners, duty of 7 

Commissioners not to be paid 8 

DEAF AND DUMB : 
See • Apjjropriations." 

DITCHES ANT) LEVEES : 
Construction, act of 1871, amend 91 

DOMESTIC ANTMALS AT LARGE : 

Prohibit, amend act 1872 3 

Prohibit, towns may, by vote 3 

Prohibit, in certain towns, unconditionaUj-.. 4 

ELECTIVE OFFICES: 
Vacancies, provide for filling 92 

ESTATES, ADMINISTRATION OF : 
Amend act of 1872 1 

EXECUTIVE MANSION: 

Repair and refurnish 13 

Itemized account 13 

EYE AND EAR INFIR>1ARY : 

Appropriation to 10 

Advertise for proposals 10 

Contract 11 

Donations to 12 

Report to Governor 13 

FEEBLE-MINDED CHILDREN : 

See "Appropriations," 

FEES AND SALARIES : 

Act of 1872, sec. 40, amend 93 

" 41, " 94 

" 44, " 95 

GAME, PROTECTION OF : 
Consolidate acts concerning 96 

GENERAL ASSEMBLY, 29X11 : 
Employees of, pay 33 

GEOLOGICAL: 

Appropriation for printing report 14 

Distribution of report 15 

Removal of collection 15 

Salary of Geologist 15 

Preservation of specimens 98 

GOVERNOR : 
Special duties of: 

Soldiers' Monument, appoint Comniis'rs 25 

Contract for copying, approve 69 

S. Insane Asylum, appoint Commis'rs 103 

HOMESTEAD EXEMPTION: 
Act concerning, amend 99 



INDEX. 



Ill 



PAGE. 

HIGHWAYS, ROADS AND BRIDGES : 

In counties not under under Town. Org 149 

In counties under Townahip Organization. . .163 

IKDUSTRIAL UlSTIVERSITY : 

ExpBrimental Farm 16 

Regulate University 17 

Branches taught 18 

Appropriation 18 

INSANE ASYLUM: 

Anna: 

Centre building S2 

Ordinary expenses 22 

, Vouchers filed with Governor 23 

Trustees and Steward 103 

Elgin : 

Building authorized 18 

Deficiency provided for 19 

Ordinary expenses 20 

Specific expenses 90 

Jacksonville : 

Ordinary expenses 21 

Repairs, etc 21 

INCORPORATIONS : 
Rand, town of, change name 102 

INDICTMENTS: 
Recording, provide for 102 

JUDICIAL CIRCUITS : 
State divided into 105 

JUDGMENTS AND EXECUTIONS : " 
Real estate, redemption of 107 

JURORS, GRANT) AND PETIT : 
Impaneliug, etc. 108 

JUSTICES OF PEACE : 
Election, qLialiflcation, jurisdiction 113 

LAWS AND JOURNALS : 
Copying, provide for 68 

LANTDS : 

Belonging to State, sell 114 

Ceded toUnited States, certain 148 

lU. Cent. R. R. to seU 115 

Lake Park grounds, repeal act 115 

LANDLORD AND TENANT : 

Act concerning, revise 118 

Distress for rent 120 

LIMITATIONS : 
Act of 1872, amend 123 

MONUMENT, SOLDIERS': 

Design t«r, location of 25 

Expense of, limited 26 

MASTERS IN CHANCERY : 
Defljie duties of 64 

MINES, COAL: 
Intimidation of worknien in 76 

MINERS, COAL: 
Health and safety of, amend act 126 

MALT LIQUOR: 
Manufacturers of, protect 124 

MINORS : 
Adoption of, provide for, amend act 126 

NORMAL UNIVERSITY : 

Normal : 

Ordinary expenses 23 

Prevent deficiency 23 

Southern : 

Complete and furnish 24 

Trustees appointed 103 



PAGE. 
NAME, CHANGE: 
Town of Ra,nd 102 . 

NOTARIES PUBLIC : 
Appointment and duties of 127 

OBSCENE LITERATURE : 
Trade in, suppresss 128 

PRINTING PUBLIC : 
See "Appropriations." 

PARKS ANT) BOULEVARDS : 
Completion and management 129 

QUINCY, CITY OF: 
Assessment in, legalize 57 

RAILROADS : 

Act of 1871, repeal 14 

Associations for constructing 140 

Borrow money on mortgage 141 

Passenger and freight tariff, regulate 136 

Right of way to C. and P. R. R. Co 142 

RAILROAD COMMISSIONERS: 
Incidental expenses 33 

REAL ESTATE, REDEMPTION OF : 
From sale on execution 107 

RECORDER'S COURT IN PERU : 
Repeal act establishing 85 

RECORDER OF DEEDS : 
Salary of— duties 144 

REFORM SCHOOL, STATE : 

General act to govern 145 

Ordinary expenses 24 

Vouchers filed with Auditor 24 

REVENUE : 

Relinquishment of in certain cases 148 

State purposes, necessary 149 

ROADS AND BRIDGES 
In counties not under Town. Organization. . .149 
In covmties under Township Organization... 163 
Surplus funds raised for, in towiis 186 

SALARIES : 

City officers 67 

Janitor, State House 33 

Secretary, Fund Commissioner 31 

State Geologist 15 

State officers 27 

State House Commissioners, Secretary 33 

SECRETARY OF STATE : 

Appropriation to office 30 

Duties imposed on : 

Geological specimens 99 

Copying laws and journals 69 

SOLDIERS' MONUMENT: 

Appropriation to build 26 

Design for — cost limited 25 

Location of 26 

SOLDIERS' ORPHANS" HOME: 

Ordinary expenses 25 

Repairs and Ubrar j' 25 

Vouchers with Auditor 25 

STATE GOVERNMENT: 
See "Appropriations." 

STATE HOUSE, NEW: 
Continue work on 26 

STATE TREASURER : 

Appropriation to office 31 

Law concerning, revise 186 



TV 



INDEX. 



PAGE. 

steve:nson, alex. p.: 

Clerk Superior Court, Cook county 9© 

SUPEEME COURT : 

Eurcishing Court House 34 

Incidental expenses 32 

TAXATION : 

Of certain lands relin quished 148 

Act approved March 30, 1872, amend 45 

Bridges across navigable streams .37 

Cities, towns, villages 38 

Collection of 60 

Cities may levy, for wliat 51 

Certain cases, legalize extension of 58 

Park purposes, special 129 



PAGE. 
TITLE.S TO REAL ESTATE : 
Deeds to be recorded, where 91 

TEEASUEEE, STATE: 

Appropriation to office 31 

Law concerning, revise 186 

WAREHOUSES : 
Act of 1871, amend 189 

WATER WORKS : 
Construct and maintain 190 

WOMEN; 
Election of, to school offices 192