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Full text of "Laws of the State of Illinois"

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LAWS 



STATE OF ILLi:NrOIS 



PASSED BV THE 



TWENTY-NINTH GENERAL ASSEMBLY 



CONVENED JANUAEY 6, 1875. 



Printed by authority of Law. 



1875. 



SPEINGFIELD : 

STATE JOURNAI. STEAM PRINT. 
3875. 



TABLE OF CONTENTS. 



ADMINISTRATION OP ESTATES: page 
An act to amend an act entitled 'An act in regard to the administration of estates,'' ap- 
proved April 1, 1872, in force July 1, 1872 1 

AGRICULTURE AND HORTICULTURE: 

An act to amend sections 1, 6. 8, 10, 11 and 13 of an act entitled "An act to revise the law in 
relation to the department of agriculture, county agricultural boards and agriculturel fairs," 
approved March 27, 1874, in force July 1, 1874 . .- 2 

APPROPRIATIONS : 

Agricultural Boards: 
An act making an appropriation for the State Board of Agriculture, and the county and other 
subordinate boards of agriculture 3 

Blind : 

An act making appropriations for the increased ordinary expenses of the Dlinois Institution 

for the Educ'ation of the Blind, for the year A. D. 1875 4 

An act making appropriations for the ordinary expenses of the Illinois Institution for the 

Education of the Blind, for the years 1875 and 1876 5 

An act making appropriations for the Illinois Institution for the Education of the Blind 5 

Centennial Exposition : 
An act to appropriate money to defray the expenses of the State Board of Managers to rep- 
resent Illinois in the Centennial Exposition, at Philadelphia, in 1876, and facilitate a proper 
representation of the industries of this State in said Exposition 6 

Dam and Lock : 
An act to make further appropriations for the completion of the Copperas Creek Dam and 
Lock ou the Illinois river 6 

Deaf and Dumb: 
An act for the support of the Illinois Institution for the Education of the Deaf and Dumb. . . 7 

An act for the completion of the school building of the Illinois Institution for the Education 
of the Deaf and Dumb, and for heating, lighting and repairs 8 

Eyk and Ear Infirjiary : 
An act making appropriations for the Dlinois Charitable Eye and Bar Infirmary, at Chicago 9 

Feeble-Minded Children : 
An act making appropriations for the support of the Illinois Institution for the Education of 
Feeble-Minded Children 10 

An act making appropriations for land and for the construction of buildings for the Dlinois 
Institution for the Education of Feeble-Minded Children 10 

Horticultural : 
An act making an appropriation in aid of the Dlinois State Horticultural Society 13 

Industrial University : 
An act making appropriations for the Industrial University 13 

Ins.anb Asylum, Anna: 
An act in relation to the Southern Insane Asylum, at Anna, and making appropriations 
therefor , 14 

An act making appropriations for the ordinary and other expenses of the Southern Insane 
Asylum, at Anna 17 

Insane Asylum, Elgin : 

An act making appropriations for the support of patients in the south wing of the Northern 
Illinois Hospital and Asylum for the Insane, at Elgin, and for additional furniture 18 

An act making appropriations for the ordinary expenses of the Northern Hospital and Asylum 
for the Tfaeane, at Elgin; '. 19 



IV CONTENTS. 



APPROPRIATIONS— Continued. page 
Insane Asylum, Jacksonville: 
An act appropriating money to defray the ordinary expenses of the Illinois State Hospital 
for the Insane, located at JacksonTille, and for making repairs and improvements to said 
hospital 20 

Investigating Committee : 
An act to provide for the payment of the expenses of the House Penitentiary Investigating 

Committee, and the expenses of witnesses, and other necessary expenses incurred 21 

Normal University, Nokmal: 
An act making an appropriation for the ordinary expenses of the Normal University, at Nor- 
mal, and for new floors and a new roof 21 

Normal University — Southern : 

An act making appropriations to the Sonthern Normal University, at Carbondale 29 

Reform School: 

An act making appropriations for the State Reform School, at Pontiac : 23 

Soldiers' Orphans' Home : 
An act to make appropriations for the Soldiers' Orphans' Home, and to maintain said institu- 
tion for the next two years 24 

State Government : 
An act making an appropriation for the payment of the officers and members of the next 

General Assembly, and for the salaries of the officers of the State Government ?5 

An act to provide for the necessary expenses of the State Government and the General As- 
sembly, incurred or to be incurred and now unprovided for, until the 30th day of June. 

1875 25 

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 26 

State Indebtedness: 
An act making appropriations for the payment of the principal of State Indebtedness 31 

State House : 
An act to make an appropriation for carrying on the work on the new State House 32 

PeEDERICK WAGNKR: 

An act for the relief of Frederick Wagner 32 

ASSESSMENTS: 

An act to amend an act entitled "An act in regard to the assessment of property and the levy 

and collection of taxes by incorporated cities in this State," approved April 15, 1873 .". 33 

An act to amend section three (3) of an act entitled "An act for the assessment of property 

and for the levy and collection of taxes," approved March 3, 1872 35 

An act concerning the apportionment of special assessments payable in installments 36 

An act to amend sections one hundred and ninety-two (192) and one hundred and ninety-three 
(193) of an act entitled "An act for the assessment of property, and for the levy and col- 
lection of taxes," approved March 30,1872 37 

An act to legalize the extension, levy and collection of taxes in towns, townships, districts, 
and incorporated cities, towns and villages in the State of Illinois, and extended on the 
collector's books of the assessment of the year A. D. 1874 38 

AUDITOR OF PUBLIC ACCOUNTS : 

An act to amend section six: (6) of an act entitled "An act to revise the law in relation to the 
auditor of public accounts," approved April 25, 1873 39 

CEMETERIES : 

An act to enable the maj'or and aldermen of certain cities to lease or convey real estate 40 

An act to enable cemetery associations to sell and convey lands not required for burial pur- 
. poses 40 

CITIES : 

An act concerning the appointment and removal of city officers in all cities in this State, con- 
ferring additional powers and duties upon mayors, and concerning appropriation bills or 
ordinances that may be passed in such cities 41 

An act to amend section one of an act entitled "An act to provide a fund for the relief of 
members of police and fire departments in incorporated cities, wounded or disabled in the 
discharge of their duties, and for the relief of the surviving family of any member of said 
departments that may be killed while on duty," approved Marcli 24, 1874, in force July 1, 
1874 42 

An act to amend section two of an act entitled "An act to provide a fund for the relief of 
members of police and fire departments in incorporated cities, wounded or disabled in the 
discharge of their duties and for the relief of tlie surviving family of any member of said 
departments that may be killed while on duty," approved March 24, 1874 41! 

An act to provide for the re-organization of cities u 44 

CITIES AND VILLAGES: 

An act to amend section ten (10) of article five (5) of "An act to provide for the incorporation 

of cities and villages," approved April 10, 1872 ; f:2 

An act to provide additional means for the construction of sidewalks in cities, towns and 

yillagea 63 



CONTENTS. 



CORPORATIONS: 

An act to enable corporations in other states and countries to lend money in Iliinois, to en- 
force their securiiies and ac([nire title to real estate as security 65 

COUNTIES : 

An act entitled "An act concerning sites for county buildings" 66 

An act to amend an act entitled "An act to enable counties, cities, townships, school districts 
and other "rniinicipal corporations to take up and cancel outstanding iionds and other evi- 
dences of indebtedness, and fund the same," approved and in force March 26, 1872 68 

COUNTY COURT : 

An act providing for the trial of the right of property and claims of exemption in the county 
court 69 

COUNTY COURTS : 

Au act to amend an act entitled "An act to extend the Jurisdiction of county courts, and to 
provide for the practice thereof, to fix the time for holding the same, and to repeal an act 
therein named," approved March 2G, 187(, in force July 1, 1874 71 

An act to amend an act entitled "An act to extend the Jurisdiction of county courts, and to 
provide for the practice thereof, to fix the time for holding the same, and to repeal an act 
therein named" ■ 71 

An act to amend an act entitled "Au act to extend the Jurisdiction of county courts and to 
provide fer the practice thereof, to fix the time for holding the same, and to repeal an act 
therein named," approved March 2(i, 1874, in force July 1, 1874 71 

An act to amend sections seventy (70), eighty-six (86), and one hundred and nine (109) of a»- 
act entitled "An act to extend the Jurisdiction of county courts, and to provide for the 
practice thereof, to tix the time for holding the same, and to repeal an act therein named," 
approved March 26, 1874 72 

An act to amend section seventy-four of an act entitled "An act to extend the Jurisdiction of 
county courts, and to provide for the practice thereof, to iixa time for holding the same, 
and to repeal an act therein named," approved March 26, 1874, in force July 1, 1874 72 

An act to amend section 83 of an act entitled "An act to extend the Jurisdiction of county 
courts, and to provide for the practice thereof, to fix the time for holding the same, and to 
repeal an act therein named," approved March 26, 1874 73 

An act to amend section ninety-one of act entitled "An act to extend the Jurisdiction of 
county courts, and to provide for the practice thereof, to fix the time for holding the same, 
and to repeal an act therein named, " approved March 26, 1874, in force July 1, 1874 73 

An act to amend section ninety-one and one-half (911) of an act entitled "An act to extend 
the jurisdiction of county courts, and to provide for the practice thereof, to fix the time 
for holding the same, and'to repeal an act therein named," approved March 26, 1874 73 

COURTS OF RECORD : 

Ad act to amend section twenty-flve of an act entitled "An act In regard to practice in courts 
of record, ' ' approved February 22, 1872 74 

COURT— SUPERIOR : 

An act providing for an increase in the number of Judges of the Superior Court of Cook 
county 74 

CRIMINAL CODE : 

An act to amend division seven (7) of the act entitled "An act to revise the law in relation 

to criminal Jurisprudence," approved March 27, 1874 75 

DOWER: 

An act to amend section forty-four (44) of an act entitled "An act to revise the law in rela- 
tion to dower," approved March 4, 1874 75 

DRAINAGE: 

An act to amend sections one (1), two (2), three (3) and five (5) of an act entitled "An act to 
provide for the construction and protection of drains, ditches, levees and other works," ap- 
proved April 24, 1871 76 

ELEVATED WAYS AND CONVEYORS : 

An act in regard to Elevated Ways and Conveyors 77 

FEES AND SALARIES.: 

An act to amend section twelve (12) of an act entitled "An act concerning fees and salaries, 
and to classify the several counties of the State with reference thereto," approved March 
29, 1872, title as amended by act approved March 28, 1874 79 

FISCAL YEAR: 

An act to change the fiscal year of the State and designate the time reports shall be made to 
the Governor by the Secretary of State, Auditor of Public Accounts, State Treasurer, 
Adjutant General, State Entomoloi;ist. Commissioners of the Penitentiary, Trustees of the 
Industrial University, the Tru.stees of the Normal Universities, the State Board of Agri- 
culture, the Tru.stees of the Reform School, the Board of Public Charities, and the Trustees 
of the State Charitable Institutions 80 

FRAUDS UPON TRAVELERS: 

An act to prevent frauds upon travelers and owner or owners of any railroad, steamboat or 
other conveyance for the transportation of passengers 81 



VI CONTENTS. 



HOSPITAL rOE THE IM-SANE: page 
An act to secure equality among the ooiinties in the matter of the admission of patients into 
the State Hospitals for the Insane 83 

INTEREST: 

An aet to amend section eight (8) of an act entitled "An act to revise the law in relation to 
the rate of interest," approved March 25, A. D. 1874 85 

JUDGMENTS AND DECREES: 

An act to amend section 39 of an act entitled ''An act in regard to judgments and decrees, 
and the manner of enforcing the same by execution, and to provide for the redemption of 
real estate sold under execution or decree, " approved March 22, 1872 86 

JUSTICES OF THE PEACE : 

An act to amend section one (1) of an act entitled "An act relating to justices of the peace in 
the city of Chicago," approved and iu force March 30, 1871 , 87 

NOTARIES PUBLIC: 

An act to amend section one of an act entitled "An act to provide for the appointment, qual- 
ification and duties of notaries public, and certifying their official acts," approved April 
5,1872 88 

OHIO AND WABASH RIVERS : 

An aet granting to the government of the United States the right to enter upon and take 
possession of such small tracts or parcels of land lying within the State of Hlinois, and on 
the waters of the Ohio and Wabash rivers, as may be necessary to facilitate the improve- 
ment of said rivers 88 

PARKS : 

An act to amend section twelve (12) of an act entitled "Auact in regard to the completion of 
public parks and the management thereof," approved June 16, 1871 .. 89 

PAUPERS : 

An act to amend section (16) sixteen of an act entitled "An act to revise the law in relation 
to paupers." 90 

PENITENTIARY: 

An'act to amend section two of "An act to allow convicts in the penitentiary a credit in 
diminution of their sentence, and for their being restored to citizenship upon certain con- 
ditions," approved Mai'ch 19, 1872, in force July I, 1872 ■ 90 

POLICE MAGISTRATES: 

An act to authorize the election of police magistrates in towns, cities and villages where the 
same are not provided for by law 91 

REVEISrUE: 

An act to provide the necessary revenue for State purposes 92 

ROADS AND BRIDGES: 

An act to amend sections thirty-four (34), thirty-flve (35), thirty-eight (38), forty (46), forty- 
one (41), forty-two (42), forty-three (43), forty-four (44) and forty-six (46), and to repeal 
section thirty-six (36) of an act entitled "An act in regard to gateways, roads and bridges 

in counties not under township organization," approved and in force April 18, 1873 92 

An act to amend section 56 of an act entitled "An act in regard to roads and bridges in 
counties under township organization," approved and in force April 11, 1873 95 

An act to amend section 97 of an act entitled "An act in regard to roads and bridges in 
counties under township organization," approved April 11, 1873 95 

SCHOOL TRUSTEES : 

An act to empower township trustees to sell and convey right of way and depot grounds for 
the use of railroads crossing school lands 96 

RAILROADS : 

An act relating to lessees in this State of railroads in adjoining States 96 

An act authorizing the formation of union depots and stations for railroads in this State 97 

REFUNDING FUNDS : 

An act to declare and constitute the State of Illinois sole trustee of that portion of the State 
tax levied, assessed and collected for the year 1873 in excess of 29-36 thereof; an<l to pro- 
vide exclusive remedies for the complete refunding of the same to the tax payers of the 
State who have paid such excess, and for the protection of the tax payers entitled theieto, 
and of counties, and of all officers or persons connected with the collection, custody or 
payment thereof 99 

SNT CARTER RIVER: 

An act to repeal an act entitled "An act declaring the Sny Carter, in Pike and Adams 
counties, navigable," and all other laws now in force declaring the same navigable 103 

STATE INSTITUTIONS: 

An act to regulate the State Charitable Institutions and the State Reform School, and to im- 
prove their oi ganization and increase their efficiency 104 



CONTENTS. VII 



TOWNSHIP TORGANIZATION— (Art. XI) : page 

An act to ameufl section two of article (11) eleveu of an act entitled "An act to reviwe the 
law in relation to township organi/,ation, " approved March 4, 1874 Ill 

An act to provide for the election of conituissiouera of high waj's in counties under towiiHhip 
organization, and to legalize the election and official acts of such as were elected in the year 
1874 and 1875, and to fix the compensation of the treasurer of such commissioners Ill 

UNIVERSITIES, COLLEGES, ETC. : 

An act to enable non-re.sidents of this State to hold the ofBce of trustee in colleges, universi- 
ties and other in.stitutions of learning not under the control of officers of this State 112 

JOINT RESOLUTIONS : 

Adjournment 113 

Adjournment 113 

Agricultural 113 

Charitable Institutions, etc 113 

Election Returns 114 

Peeble-Mlnded 114 

Heating 115 

Hennepin Canal 115 

Mississippi River 1 15 

Mississippi River 115 

Patents 116 

Pensions 1812 116 

Pensions 1846-48 116 

Pensions in Late "War 116 

Refunding Act 117 

Rules : 117 

State Institutions 117 

Swamp Lands 118 



PUBLIC LAWS OF ILLINOIS. 



ADMINISTKATION OF ESTATES. 



§ 1. Amend section 109, act approved April 1, 1872, in force July Ist, 1872. Sale — time of— Notict, 
Penalty — Terms — Returns — Confirmation. 

An Act to amend mi act entitled '•^An act in regard to the Administration 
of Estates,'''' approved April 1, 1872, in force July 1, lb72. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That section (109) one hundred and nine 
of an act entitled "An act in regard to the administration of estates," 
be and is hereby amended so as to read as follows, to- wit : 

" § 109. No lands or tenements shall be sold by virtue of any such 
order of the county court, unless such sale is at public vendue, and be- 
tween the hours of ten o'clock in the forenoon and live o'clock of the 
afternoon of the same day, cor unless the time, place and terms of hold- 
ing such sale were previously published for the space of four weeks, by 
I)utting up notices thereof in at least four of the most public places in 
the county where such real estate shall be sold, and also by causing a 
similar notice thereof to be published four successive weeks prior to the 
sale, ia some newspaper published in such county ; or if there be no such 
newspaper, then in such other newspaper in this state as the court shall 
direct; nor unless such real estate shall be described with common cer- 
tainty in such notices. And if any executor or administrator, so ordered 
to make sale of any real estate, shall sell the same contrary to the pro- 
visions of this act, he shall forfeit and pay the sum of five hundred dol- 
lars, to be recovered by an action of debt, in the name of the People of 
the State of Illinois, for the use of any person interested, who may prose- 
cute for the same : Provided, that no such offense shall affect the va- 
lidity of such sale : And, provided, further, that such executor or admin- 
istrator may sell the same on a credit of not less than six, nor more 
than twelve months, by taking notes, with good personal security and 
a mortgage, or sale mortgage, on the premises sold, to secure the pay- 
ment of the purchase money. It shall be the duty of the executor or 
administrator making such sale, on or before the first day of the next 
term of the court thereafter, to file in the office of the clerk of said court 
a complete report of said sale, giving a description of the premises sold, 
to whom, where, and upon what terms sold, and a general statement of 
the manner in which the terms of the decree were executed. Any per- 
son interested in the premises sold, and any creditor of the estate, may 
file exceptions to such report, and upon the hearing thereof the court 
may approve such report and confirm the sale, or disapprove the same 
and order the premises to be re-sold." 

Approved April ?, 1875. 



AGKICULTTJRE. 



AGEICULTUEE AND HOETICULTDEE. 



Amend Sec. 10. Effecb of change, etc., on pro- 
perty. 

" "11. Power to gives notes and mort- 

gages . 

" "13. Appropriations — bow expended 

and divided. 

In force July 1, 1875. 



§ 1. Amend sections 1, 6. 8, 10, 11, 13, act approved 

March 27, 1874 ; in force July 1, 1874. 
Amend Sec. 1. State hoard of agriculture. 

" " 6. Powers of state, county and dis- 

trict boards. 
•' " 8. Organization of county and dis- 

trict boards — annual reports — 
premiums.- 

An Act to amend sections 1, 6, 8, 10, 11 and 13 of an act entitled '■'■An act 
to revise the law in relation to the Department of Agriculture, County 
Agricultural Boards and Agricultural Fairs,^' apjproved March 27, 1874, 
in force July 1, 1874. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That sectioiis one (1), six {(i), eight y8)j 
ten (10), eleven (11) aud thirteen (13) of au act entitled "An act to re- 
vise the law in reladou to the department of agricultare, county agri- 
cultural boards and agricultural fairs," approved March 27, 1874, aud 
in force July 1, 1874, be amended so as to read as follows : 

" § 1. The department of agriculture for the promotion of agriculture 
and horticulture, manufactures and the domestic arts, shall be contin- 
ued and shall be managed by a board to be styled 'The iState Board of 
Agriculture,' to consist of a president and one vice-president from each 
congressional district in this state, and of the last ex-i;)resident of the 
state board of agriculture; said president and vice-president to be 
elected oii the fair grounds on the hrst Wednesday of the annual state 
fair in 1876, and every two years thereafter on Wednesday of the week 
of the state fair, by delegates or alternates, chosen by the several coun- 
t'- , union or district agricultural boards, in counties where such boards 
i..ist, and by the board of sujjervisors, or the county board as the case 
may be, in counties where no agricultural board exists. Each county to 
be entitled to three delegates and no more : Provided, that whenever 
an agricultural board is liereinafter organized m pursuance of law and 
the by-laws of the state board of agriculture, then the delegates or 
alternates from such county shall thereafter be chosen by such agricul- 
tural board as is recognized by the state board of agriculture. The 
members of the state board of agriculture shall enter upon the duties of 
their ofllce on the second Tuesday of January succeeding their election, 
and shall hold their ofhce for two years and until their successors are 
elected and enter upon their duties." 

" § 6. The State Board of Agriculture, in that name, and the several 
county, union aud district agricidtural boards organized as herein pro- 
vided, in their respective names, may contract and be contracted with, 
may purchase, hold or sell property, and may sue and be sued in all 
courts or places ; but this state shall never be liable for any debt or con- 
tract of any of said boards." 

•'§ 8. The said board shall provide for the organization of county, 
union or district agricultural boards, which may be incorporated pursu- 
ant to the law for the formation of corporations and associations. Each 

county, union or district board shall be styled the county, 

union or district agricultural board, and shall make annual reports of 



APPBOPRIATIONS. 



its proceedings to the state board, on or before the 15tU day of ^sovem- 
ber, and shall pay as i^reniiums at its annual fairs not less than three 
hundred dollars ($300) before being entitled to the benefits accruing 
under section 13 of this act." 

" § 10. When any agricultural society or corporation has changed or 
shall change its name or organization so as to become a county, union 
or district agricultnral board, as authorized by law, the property, both 
real and personal, of the society or corporation making such change, 
shall be held, used, sold and conveyed by the new name so adopted, for 
the like uses and purposes and for the benefit of the original owners or 
uiferabers thereof, and to the same extent as it might have been by the 
original name if no such change had been made. This section shall 
also apply to the property of consolidating societies or corporations." 

"§ 11. It shall be lawful for the directors of any county, union or 
district agricultural board, in order to pay or secure to be paid the in- 
debtedness 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 to execute notes or other legal contracts binding 
such board, and to secure 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, 
union or district agricultural board making the same, and signed by the 
I)resident and secretary thereof." 

" § l'. Whatever money shall be appropriated to the department of 
agriculture shall be paid to said state board of agriculture, and may be 
expended by them as in the opinion of said board will best advance the 
interest of agriculture and horticulture, manufactures and domestic arts 
in this state: Frovided, when any appropriation is made for the benefit 
of county, uniou or district agricultural boards, the same shall be divi- 
ded equally between such county, union and district agricultural boards 
as shall be entitled to representation in said agricultural board, and 
shall have given satisfactory evidence to said state board of having held 
an annual fair, and made their annual report to said state board of 
agriculture." 

Approved April 9, 1875. 



APPEOPEIATIOKS. 



AGRICULTUKAL BOARDS. 



§ 1. For payment 01 prbtniums, $3, COO per annum. I § 3. Treasurer of board to report to Governor. 
S 2. Warrant of Auditor. I In force July 1, 1875. 

An Act inaMng an appropriation for ilie State Board of Agricidture, and 
the County and other subordinate Boards of Agriculture. 

Section 1. Be it enacted hy the People of the State of IUi)wis, repre- 
sented in the General Assembly, That there be and is hereby appropriated 



APPROPRIATIONS. 



to the State Board [of] Agriculture the sums following, to-wit : For the 
payment of premiums at the annual state fair, the sum of three thous- 
and dollars per annum for the years 1875 and 1876, and for the use of 
county or other subordinate agricultural boards, the sum of one hundred 
dollars per annum, each, for the years 1875 and 1876, 

§ 2. That on the order of the president, countersigned by the sec- 
retary of the State Board of Agriculture, and approved by the governor, 
the state auditor shall draw his warrant upon the treasurer, in favor of 
the treasurer of the State Board of Agriculture, for the sums herein 
appropriated : Provided, that each warrant shall show the agricultural 
board for whose benefit the same is drawn, and that no warrant shall be 
drawn in favor of any agricultural board unless the order aforesaid be 
accompanied by a certificate of the State Board of Agriculture, showing 
that such subordinate or county agricultural board have held an agri- 
cultural fair during the preceding year, in compliance with the rules 
and regulations, as provided for by law : Provided, further, that no 
part of the moneys herein provided for shall be drawn from the public 
treasury prior to the first day of July, A. D. 1875. 

§ 3. It shall be the duty of the treasurer of the State Board of Ag'ri- 
culture to pay over to the proper officer of the subordinate or county 
agricultural board the sum received for its use and benefit, as aforesaid, 
and to make a biennial report to the governor of all such appropria- 
tions received and disbursed by him. 

Approved April 15, 1875. 



BLIND. 

§ 1. For increased ordinary expenses, $5, 000. I §2. Auditor to dra-^r -warrantg. 

I Emergency, in force April 8, 1875. 

An Act making appropriations for the increased ordinary expenses of the 
Illinois Institution for the Education of the Blind, for the year A. D, 1875. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That the sum of five thousand dollars 
($5,000) is hereby appropriated, payable out of the state treasury, on 
the first day of April, in the year A. D. 1875, to defray the increased 
ordinary expenses of the Illinois Institution for the education of the 
Blind. 

§ 2. Inasmuch as the expenses of said institution for the year 1874 
were twenty-two thousand, two hundred and eighty-four ($22,284) dol- 
lars, and as the number of pupils has increased from seventy-two (72), 
the number in attendance during the past year, to one hundred and 
eleven (111) the number now in attendance, and as the appropriation of 
seventeen thousand and five hundred ($17,500) dollars made for the 
year A. D. 1875, is inadequate to meet the increased expenses of said 
institution ; therefore an emergency exists requiring that this act shall 
go into effect immediately, and this act shall take effect and be in force 
from and after its passage ; and the auditor of public accounts is hereby 
authorized and required to draw his warrant on the treasurer for said 



APPROPRIATIONS. 



sums, upon the orders of the board of trustees, signed by the president 
and attested by the secretary of the board of trustees, with the seal of 
the institution. 
Approved April 8, 1875. 



§ 1. For ordinary expenses. |5, 000 ; for improve- ] § 2. Auditor to draw -tvarrant. 
ments, 11, 000. | In force July 1, 1875. 

An Act maMng appropriations for the ordinary expenses of the Illinois 
Institution for the Eduoation of the Blind, for the years 1875 and 1876. 

Section 1. Be it enacted hy the People of the iState of Illinois, repre- 
sented in the General Assembly, That there be and are hereby appro- 
priated to the Institution for the education of the Blind, for ordinary ex- 
penses, the sum of twenty-five thousand dollars per annum, and for re- 
pairs and improvements the sum of one thousand dollars per annum ; 
both the foregoing amounts to be payable quarterly, in advance, from, 
the first of July, 1875, to the expiration of the first fiscal quarter after 
the adjournment of the next general assembly ; and for the purchase of 
books, maps and other aj)pliances, to be gratuitously distributed to such 
pupils leaving the institution as cannot afford to pay for the same, the 
sum of five hundred dollars per annum. 

§ 2. The auditor of public accounts is hereby authorized and re- 
quired to draw his warrant on the treasury for said sums upon orders of 
the board of trustees of said institution, signed by the president and 
attested by the secretary of said board of trustees, with the 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, approved by the governor, shall have been filed 
with the auditor for all expenditures of the preceding quarter. 

Approved April 8, 1875. 



§ 1. For engine and boiler house, $5,000. I § 2. Auditor to draw warrant. 

I In force July 1, 187.5. 

An Act maldng appropriations for the Illinois Institution for the educa- 
tion of the Blind. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That the sum of five thousand ($5,000) 
dollars be and is hereby appropriated, payable out of the state trea- 
sury, to the Illinois Institution for the Education of the Blind. For 
the erection of an engine and boiler house and its connection with the 
center building, and extension of steam heating to the wing of said 
building, the sum of five thousand ($5,000-) dollars 

2. The auditor of public accounts is hereby authorized and re- 
quired to draw his warrant upon the treasurer for said sums, upon 



APPKOP H lATIONS . 



requisition of the board of trustees of the Illinois Institution for the 
Education of the Blind, signed by the president and attested by the 
secretary of the board, with the seal of the institution : Provided, that 
the moneys herein appropriated shall be paid directly out of the state 
treasury to the parties to whom the same may become due and pay- 
able. 
Appkoved April 9, 1874. 



CENTENNIAL EXPOSITION. 

^ 1. For use of State Board of Managers, 810, 000. I §2. Anditor to draw warrant. 

I In force July 1, 1875. 

An Act to appropriate money to defray the expenses of the State Board of 
Managers to represent Illinois in the Centennial Exposition, at Phila- 
delphia, in 1876, and facilitate a proper representation of the industries 
of this State in said Exposition. 

Whereas, in accordance with a joint resolution of the 28th general 
assembly, a state board of managers, to represent the interests of Illi- 
nois in the Centennial Exposition, at Philadelphia, in 187G, have been 
appointed ; and whereas, it is necessary to a proper discharge of their 
duties, that the state should provide the necessary funds to defray the 
expenses thereof; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the sum of ten thousand dollars 
($10,000), or so much thereof as may be necessary, is hereby appro- 
priated to the use of the state board of managers, appointed to repre- 
sent Illinois in the international exhibition, to be held in Philadelphia, 
in 1876, under the auspices of the United States Centennial Commis- 
sion. 

§ 2. The auditor is hereby directed to draw his warrant upon the 
treasurer, upon vouchers approved by the gO\^ernor, for the expenses 
incurred by said state board of managers, and certified by the president 
and secretary of said board: Provided, that the members of said board 
of managers shall receive no compensation for their services. 

Appkoved April 8, 1875. 



DAM AND LOCK. 

§ 1. Net earnings appropriated. ] § 3. Commissioners to make uniform rates of 

§ 2. Commissioners to pay into state treasury ; I toll, -wlien lock and dam is completed. 

Auditor to draw warrant. In force July 1, 1875. 

An Act to malce further appropriations for the completion of the Cop- 
;peras Creek Bam and Loch on the I llinois river. 

Whereas, the legislature of this state, by an act approved April 15, 
1873, authorized the construction of a lock and dam on the Illinois river 



APPROPRIATIONS. 



at Copperas Creek, in the county of Fulton, and for that ])urf)oso ap- 
propriated the net revenue of the Illinois and Michiji^an canal and the 
lock at Henry, in the county of Marshall, until after the first fiscal 
quarter alter the adjournment of this legislature; and, whereas, the 
completion of said lock and dam will finish and complete one hundred 
miles Of river navigation, and will greatly add to the revenue of said 
Illinois and Michigan canal ; and, whereas, the appropriations made are 
not sufticient to complete said lock and dam; therefore, 

Section 1. Be it enacted hy the People of the State of I llinois, repre- 
sented in the General Assembly, That there be and is hereby appropriated 
the net earnings of the Illinois and Michigan canal, and the lock and 
dam at Henry, on the Illinois river, during and until after the first fiscal 
quarter after the adjournment of the next regular session of the general 
assembly ; and also the unexpended balance of the Illinois river im- 
provement fund that may be in the treasury after the first fiscal quarter 
after the adjournment of the present general assembly, or so much 
thereof as may be necessary to complete the lock and dam at Copperas 
Creek on the Illinois river, during the year A. D. 1875, to be paid out 
and expended in the manner provided by the act of A. D. 1873. 

§ 2. The canal commissioners are hereby directed to pay into the 
state treasury the net earnings of the Illinois and Michigan canal, and 
the lock ou the Illinois river at Henry, which fund shall be kept and 
denominated the " Illinois river improvement fund," and no warrant 
shall be drawn by the auditor upon the treasurer for any portion of the 
said sum hereby appropriated for said improvement except upon vouch- 
ers and estimates made for work actually done, certified to by the en- 
gineer superintending said improvement, and attested by at least two 
<of said commissioners, and approved by the governor, 

§ 3. Said canal commissioners, as soon as said lock and dam is com- 
pleted, shall make such uniform rates of toll as they may believe will 
best serve the public interest, and collect the same in the same manner 
as they superintend and collect toll from the loek at Henry on the Illi- 
iQois river. 

Approved April 8, 1875. 



DEAF AND DUMB. 

§ 1. For ordinary espeuses, ^5,600 ; for repairs, j & 2. Auditor to -draw warrant, 

etc., $2,000. I ' lu force July 1, 1875. 

An Act for tJie support of the Illinois Institution for the Ediication of 

the Deaf and Dumb. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That for the purpose of defraying the 
ordinary expenses of the Illinois Institution for the Education of the 
Deaf and Dumb, the sum of seventy-five thousand dollars per annum, 
be and the same is hereby appropriated out of the state treasury, pay- 
able quarterly, in advance, from the first day of July, 1875, until the 
expiration of the first fiscal quarter after the adjournment of the next 
general assembly; aud that there be and are hereby appropriated the 



APPROPRIATIONS. 



furtber sums of one thousand five hundred dollars per annum, for 
repairs and improvements, and five hundred dollars per annum, for 
the pupils' library, from the first day of July, 1875, till the expiration 
of the first fiscal quarter after the adjournment of the next regular 
session of the general assembly : Provided, that after payment for one 
quarter has been made, no warrant shall be issued in favor of said in- 
stitution until satisfactory vouchers shall have been filed with the au- 
ditor of public accounts by the principal of said institution, appro red 
by the directors and by the governor, showing in detail the amount and 
nature of each and every expenditure made out of the preceding quar- 
terly installment of said appropriation, verified by the afiidavit of the 
principal. 

§ 2. The auditor of public accounts is hereby authorized and re- 
quired to draw his warrant on the treasurer for the said sums, upon 
orders of the board of directors of the Illinois Institution for the Edu- 
cation of the Deaf and Dumb, signed by the president and attested bj 
the secretary of said board, with the seal of the institution. 

Approved April 8, 1875, 



§ 1. For compTeting- school bnilfJins:, §36,750; for I §2. Auditor to cTraTT TiraTTant. 

heating, ligMing, etc., 111,000. i In force July 1, 1875. 

An Act for the completion of the school Mdlding of the Illinois Institu- 
tion for the Education of the Deaf and Dumb, and for heating^ lighting 
and repairs. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly. That for the purpose of completing the 
school building of the Illinois Institution for the Education of the Deaf 
and Dumb, the sum of sixteen thousand seven hundred and fifty dollars^ 
and all unexpended balances in the hands of the treasurer on the first 
day of July, 1875, or so much thereof as may be necessary, is hereby 
appropriated out of the treasury, payable to the person or persons to 
whom the same is due. And that there be and is hereby appropriated 
the sum of five thousand dollars for heating and lighting said building^ 
and one thousand dollars for furnishing the same; and for the rebuild- 
ing of the rear wall of the main building of said institution, the further- 
sum of five thousand dollars (85,000) is appropriated, 

§ 2. The auditor of public accounts is hereby authorized and re- 
quired to draw his warrant on the treasurer for the said sums, up(»n the 
order of the board of directors of the Illinois Institution for the Educa- 
tion of the Deaf and Dumb, signed by the president and attested by 
the secretary of said board, with the seal of the institution j but no> 
warrant shall issue unless the orders of said board of directors shall 
be accomi)anied with satisfactory vouchers approved by the governor. 

Approved April 9, 1875. 



APPROPRIATIONS. 



EYE AND EAR INFIRMARY. 

§ 1. For ordinary expenses. $5,000; also, 810,500 I § 4. Conditions upon -which patieBts are admit- 
per annum. ted free. 

§2. For needed repairs and imx)rovemeuts, etc.,! §5. Auditor to draw warrant. 

|7,eoo. 

§ 3. Trustees authorized to use unexpended bal- 



In force July 1, 1875. 



An Act making appropriafions for the Illinois Charitahle Eye and Ear 

Infirmary^ at Chicago. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, Tliat iu addition to the unexpended bal- 
ance of appropriations for ordinary expenses, th<'re be and hereby is 
appropriated to the Illinois Charitable Eye and Ear Infirmary, at Chi- 
cago, for the year commencing July 1, A. D. 1875, the snin of five 
thousand dollars ($5,000), and the sum of ten thousand five hundred 
dolhirs ($10,500) per annum thereafter, until the expiration of the first 
fiscal quarter after the adjournment of the next regular session of the 
general assembly, payable quai^terly in advance: Provided, that no sec- 
ond or subsequent warrant shall be drawn until satisfactory vouchers, 
iu detail, approved by the governor, have been filed with the auditor 
for the expenditures of the last preceding quarter. 

§ 2. That for the i)urpose of making needed repairs and improve- 
ments, the sum of one thousand dollars ($1,000) per annum is hereby 
ap[)ropriated ; for furniture, three thousand dollars ($3,000) payable 
out of the levy of 1874, and one thousand dollars ($1,000) out of 
the levy of 1875 ; for surgical apparatus, the sum of three hundred 
dollars ($300); for a barn, to be erected on the grounds of said infirmary, 
twenty-five hundred dollars ($2,500). 

§ 3 Authority is hereby given to the trustees of said infirmary to 
use the unexpended balances of former appropriations, in such manner 
as may in their judgment best promote the interests of the institution 
and its beneficiaries. 

§ 4, Patients from the state of Illinois who present to the superin- 
tendent of the infirmary a written certificate, signed by the supervisor 
of the town, or by the county judge of the county in which they reside, 
of their absolute inability to pay charges for board or treatment, shall 
be admitted and treated free of charge. 

§ 5. The auditor of public accounts is hereby authorized and re- 
quired to draw his warrant on the treasurer for the moneys herein ap- 
propriated, on the order of the board of trustees, signed by the presi- 
dent and attested by the secretary, with the corporate seal of the insti- 
tution attached: Provided, that satisfactory vouchers, in detail, approved 
by the governor, shall be filed quarterly with the auditor, for the expen- 
diture of all moneys heretofore or now appropriated. 

Approved April 10, 1875. 



10 



APPROPKIATIONS. 



le'EEBLE -MINDED CHILDREN. 



§ 1. Tor ordinary expenses and insurance, |24,500. I § 2. 



Auditor to draw "vrarrants. 
In force July 1, 1875. 



An Act making appropriations for the support of the Illinois Institution 
for the Education of FeeMe Minded Children. 

Section 1. Be it enacted hy the People of the State of Illinois^ repre- 
sented, in the General Assembly, That the sum of tweuty-four thousand 
and five hundred dollars (|24,o00) per annum is hereby approiiriated, 
from the first day of July, eighteen hundred and seventy-five (1875), 
until the expiration of the first fiscal quarter after the adjournment of 
the next general assembly, for the support, including insurance, of the 
Illinois Institution for the Education of Feeble-minded Children ; and 
said sum shall be paid in quarterly installments, in advance, from the 
state treasury. 

§ 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 seal of the institution : Frovided, 
that no part of the moneys herein appropriated shall be due and pay- 
able to the said institution until satisfactory vouchers, in detail, ap- 
proved by the governor, shall have been filed with the auditor for all 
previous expenditures on account of ai:)j)ropriations herein or heretofore 
made. 

Approved April 8, 1875. 



§ 1. For erection of building, etc., |185,000. 

§ 2. Governor to appoint commissioners to select 
site for building. 

§ 3. Commissioners required to have plans and 

specifications prepared. 
§ 4. Trustees to advertise for bids to construct 

building. 
§ 5. Time for opening bids and letting contract. 
§ 6. Contractors to file bond: vrho to superintend. 



§ 7. Contract to be entered on minutes ; bow ex- 
ecuted. 

§ 8. All bids to be estimated; cost in detail. 

§ 9. Cost of location not to exceed $10,000. 

§, 10. Auditor to draw warrant. 

§ 11. No trustee or officer to be interested in any 
contract ; penalty. 
In force July 1, 1875. 



An Act maJcing appropriations for land and for the construction of build- 
ings for the Illinois Institution for the Education of Feebleminded 
Children. 

Whereas, the Institution for the Education of Feeble-minded Child- 
ren occupies at present leased premises; and whereas, the buildings in 
use by the said institution are unsuited to the purpose, being too small, 
inconveniently arranged, out of repair, and insecure against fire, thus 
exposing the lives of the inmates to constant peril ; and whereas, of 
nearly three thousand idiots in the state of Illinois, the state has made 
provision for the care of only eighty, although a large proportion are of 
an age to be benefited by special care and training; and whereas, there 
are now on file in the ofiice of the said institution six hundred and eighty- 
one applicants for admission, of which six hundred and twenty-one are 
from the state of Illinois ; therefore, 



APPROPRIA.TIONS. 11 



Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That lor the purpose of purchasing a site 
and farm for, and constructing- a inaiu building; with wings, and for 
plumbing, heating and ventilation of the same, and to fit the same for 
occupancy and use, by not less than two hundred and fifty ])upils, the 
sum of one hundred and eighty-five thousand dollars ($185,000) is here- 
by appropriated, to be jiaid out of any moneys not otherwise appropri- 
ated, as hereinafter provided: Provided, that in case the commissioners 
hereinafter provided for, deem it for the best interests of tbe state and 
the institution, that the same be located upon a tract of land upon which 
there is already erected a building or buildings suitable to be used by 
such institution, or suitable to be made a part of said main building and 
wings, and then such amount of the value of such building or buildings 
already erected, as said commissioners may determine, may be paid for 
out of the appropriation herein made, over and above the cost of the 
site, as hereinafter provided. 

§ 2. Within ten days after this act takes effect, the governor shall 
appoint seven commissioners, one from each of the districts in which a 
judge of the supreme court is required by law to be elected, who shall 
take and file in the office of the secretary of state an oath of office, in 
the form prescribed by law, and who, as soon as possible after their ap- 
pointment, shall proceed to select a site for the said buildings, which, 
together with a farm for the use of said institution (to be not more than 
one mile and one-half distant therefrom), shall contain not less than 
forty acres of land, and at such a place as shall be at the same time most 
economical to the state and best adapted to the wants of the institution, 
having regard in the selection to elevation, sewerage and drainage, an 
abundant and never failing supply- of water, facility of access and com- 
parative centrality of location, the quality of the soil and the price asked 
for the laud ; but the said commissioners shall neither ask nor accept, 
on their own account, any gift or gifts in money, freights, lauds or other 
valuable property, as a consideration for the location or choice of site. 
And a violation of this provision shall be deemed a high misdemeanor, 
punishable by fine or by imprisonment, or by both, at the discretion of 
any court in which conviction of the same may be obtained and had. 

§ 3. The said commissioner^^ are further directed and required to 
cause to be prepared suitable plans and specifications, in accordance 
with the first section of this act, by a competent architect, (for which 
not more than the usual percentage shall be allowed, payable in install- 
ments 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 acce{)ted by the said 
commissioners, unless accompanied by a written certificate of the archi- 
tect, attested upon oath before a notary public, or other officer author- 
ized to administer oaths, that in his professional judgment the said 
building can be completed in accordance with the plans and specifica- 
tions, for a sum not exceeding one hundred and seventy-five thousand 
dollars. 

§ 4. Whenever the plans and specifications provided for in thisact 
shall have been approved by the governor and adopted by the commis- 
sioners, the trustees of said institution shall cause to be inserted in at 
least two of the daily or weekly newspapers in each of the following 
cities, to- wit : in Chicago, St. Louis, Cincinnati, Si)ringtield, Peoria and 



12 APPROPRIATIONS. 



Qniiicy, and the city or town at or near which the said institution shall 
be permanently located, an advertisement for sealed bids for the con- 
struction of the buildings herein authorized ; and they shall furnish a 
printed copy of this act and of the specifications, to all parties applying 
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 mak- 
ing memoranda. And the said trustees shall answer all inquiries ad- 
dressed to them upon the subject of the proposed building, to the best 
of their ability and belief. 

§ 5. Not less than thirty days after the publication of the said pro- 
posals for bids, on a day and at au hour to be specified in the said ad- 
vertisement, at the place where the said institution shall be located, in 
the presence of the bidders, or so many of the bidders 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 : And provided, further, 
that no bid shall be accepted which is not accompanied by a good and 
sufficient bond, in the penal sum of five 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. 

§ G. 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 accepted ; and the said contract shall provide for the appoint 
ment of a superintendent of construction, who shall carefully and accu- 
rately measure the work done and the materials upon the ground, at 
least once in every month, and for the payment of the contractor upon 
the aforesaid measurement, and for the withholding of fifteen per cent, 
of the value of the work done and materials on hand until the comple- 
tion of the building, as a guaranty for its completion ; and for a forfeit- 
ure of a stipulated sum per diem for every day that the completion of 
the work shall be delayed al'ter the time specified for its completion in 
the contract ; and for the full protection of sub-contractors, by with- 
holding payment from the contractor, and by paying the sub-contractors 
directly for all work done by them, in case of failure or refusal on the 
part of the contractor to fulfill his engagements with them ; and for the 
settlement of all disputed questions as to the value of alterations and 
extras, 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 5 
and for the power and privilege of the trustees, under the contract, to 
order changes in the plans, at their discretion, and to refuse to accept 
any work which may be done and not be fully in accordance with the 
letter and spirit of the plans and specifications, 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. 

§ 7. The said contract shall be signed by the president of the board 
of trustees, on 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 ofiice of the secretary of state. 

§ 8. All bids shall show the estimated cost of the work to be done of 
each description, in detail ; and the trustees shall have the right and 



APPROPRIATIONS. 13 



power, at their discretion, to accept bids for particular portions of the 
work, if for the advantage of the state, and all uieasureiuents and ac- 
counts, as the work progresses, shall show in detail the amount and 
character of the work for which payment is made. 

§ 9. The cost of location, including the cost of a suitable site, may 
be paid out of the appropriation herein made, but shall not exceed teu 
thousand dollars. 

iN 10. The moneys herein appropriated shall be paid to the parties to 
whom they may become due and payable, directly from the treasury of 
the state, on the warrant of the auditor of public accounts ; and the au- 
ditor is hereby authorized and required to draw the said warrants for 
moneys due under this act, upon the order of the board of trustees, ac 
companied by vouchers approved by the governor. 

§ 11. No trustee or officer of the said institution shall be in any way 
interested in any contract for the erection of said buildings, or furnish- 
ing any material for said buildings; and if any such trustee or othcer 
shall be so interested, he shall be deemed guilty of a high misdemeanor, 
and on conviction thereof shall be timed in any sum not exceeding ten 
thousand dollars. 

Approved April 8, 1875. 



HORTICULTURAL. 

§ 1. Appropriation $2, 000 per annum. In force July 1, 1875. 

An Act making an ap;propriation in aid of the Illinois State horticultural 

Society. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That there be appropriated for the use 
of the Illinois State Horticultural Society, the sum of two thousand dol- 
lars per annum, for the years 1875 and 187G, to be expended by said 
society for the purpose and in the manner specified in "An act to reor- 
ganize the Illinois State Horticultural Society," approved March 24, 
1874. 

Approved April 8, 1875. 



INDUSTRIAL UNIVERSITY* 

1 1. Apptoptiation §4, 000 per annum and iJ3, 500. 1 § 2. Auditor to dt-a* -^vatfatitS. 

I In force July 1, 1875. 

An Act maldng appropriations for the Industrial University. 

Section 1. de it enacted hy the People of the State of Illinois, repre- 
se^ited in the General Assembly, That the following sums be and hereby 



14 APPEOPRIATIONS. 



are appropriated to the Industrial University, at Urban a, for the pur- 
poses hereinafter specified, and for no other: 

For tlie payment of taxes accruing in the years 1874 and 1875, on lands 
owned by the university in the states of ISTebraska and Minnesota, the 
sum of three thousand dollars per annum, or, so much thereof as may be 
necessary. 

For the purchase and manufacture of apparatus for the physical labo- 
ratory, one thousand dollars. 

For buildings, apparatus and books for the veterinary department, two 
thousand dollars. 

For additional material for the printing office, five hundred dollars! 

For repairs on university buildings and improvement of grounds, the 
sum of one thousand dollars per annum. 

§ 2. The auditor of public accounts is hereby authorized and directed 
to draw his warrant on the treasurer for the sums herein appropriated, 
payable out of any moneys in the treasury not otherwise appropriated, 
upon the order of the board of trustees, signed by the president of the 
board and attested by the secretary, with the corporate seal of the uni- 
versity : Provided, that no part of said sums shall be due and payable to 
the said institution until satisfactory vouchers, in detail, approved by 
the governor, shall have been filed with the auditor, for all previous ex- 
]3enditures incurred by the institution on account of appropriations here- 
tofore made: And, provided, further, that vouchers shall be taken in 
duplicate, ami original or duplicate vouchers shall be forwarded to the 
auditor of i)ublic accounts for the expenditure of the sums appropriated 
in this act. 

Approved April 8, 1875. 



INSANE ASYLUM, ANNA. 

§ 1. For completina: and heating centre bnikling, I § 7. Execution of contract. 

.$18,500; for construction and fumishiug U 8. Bids-measurement. 

soutli -wing, $140, 000. K n ri »• *• ■ j 

_„, , , § 9. Compensation or commissioners, 

5 2. Wlien payable. ' j -, n r^ • • ^ ■ i ^ 

^ ^ ' „ , . I V lO- Commissioners to give bond. 

§3. Plan and building of south wmg. | ^^ ^^_ Auditor to draw warrant. 

§4. Advertisement for bids. I In force July ], 1875. 

§ 5. Opening of bids— letting of contracts. } 

§ 6. The contract — superintendent of construe- I 

tion. I 

An Act in relation to tJie Soutliern Insane Asylum, at Anna, and mdldng 
appropriations therefor. 

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, the sum of one hundred and 
fifty-eight thousand five hundred dollars ($158,500), for the purposes 
herein specified and for no other: 

For the completion and heating by steam of the centre building, 
eighteen thousand five hundred dollars ($18,500). 

For the construction, plumbing, heating, ventilation and furnishing 
of the south wing, one hundred and forty thousand dollars ($140,000.) 



APPROPRIATIONS. 15 



§ 2. Of the amounts bereiri ai)propriated, the sum of eighty thou- 
sand five hundred dollars ($80,500) shall be payable out of ihe levy of 
eighteen hundred and seventy-four, and the sum of seventy-eight thou- 
sand dollars ($78,000) out of the levy of eighteen hundred and stventy- 
live. 

§ 3. The board of commissioners of the said institution are hereby 
authorized and required to cause to be prepared suitable plans and 
speciticatious for the heating of the centre building, and fur the erection, 
plumbing, heating and ventilation of the south wing, by a competent 
architect, at a stipulated price, not to exceed two thousand five hundred 
dollars ($2,500). Said plans for the south wing shall correspond, as 
nearly as may be, in exterior appearance, to the wing already erected; 
but such alterations shall be made, in the internal arrangement, as will 
secure a proper degree of light and ventilation in the wards, and afford 
facilities for better classitication of patients. But no plans shall be 
adopted by said board of commissioners which shall not first have been 
approved by the governor, and by at least two out of the three superin- 
tendents of state hospitals for the insane in this state, nor shall any plan 
be adopted which is not accompanied by a written and signed certificate 
of the architect, stating that in his ijrofessional judgment the erection, 
completion, plumbing, heating and ventilation ot the south wing afore- 
said, in accordance with the plan submitted by him, can be fully accom- 
plished for a sum not exceeding one hundred and twenty thousand dol- 
lars ($120,000), and that when completed, it will properly accommodate 
at least two hundred and twenty-five patients. Said plan shall be accom- 
panied by specifications, and by a detailed estimate of the amount, qual- 
ity and tlescriptiou of all materials and labor required for the erection of 
the wing herein provided for. 

§ 4. Whenever the plans and specifications provided for in this act 
shall have been approved by the governor and adopted by the board of 
commissioners, the board of commissioners shall cause to be inserted in 
at least five daily newspapers of wide circulation, viz : one at Cairo, one 
at St. Louis, one at Cincinnati, one at Chicago, and one at Spiingfield, 
an advertisement for sealed bids for the furnishing of the heating appa- 
ratus and the erection of the wing herein authorized ; and they shall 
furnish a printed copy of this act and of the specifications to all parties 
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 board of commis- 
sioners shall furnish answers to all inquiries addressed to them on the 
subject of the proposed building, to tne best of their ability and be- 
lief. 

§ 5. 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 adver- 
tisement, in the city of Springfield, in the office of the governor, in the 
presence of the board of commissioners 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 : I'rovided, that with the consent and approval of the gov- 
ernor, any one or all of the bids may be rejected, for sufficient cause : 
And^ provided, further, that no bid shall be accepted which is not accom- 
l)anied 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. 



16 APPROPEIATIONS. 



§ 6. The contract to be made with the successful bidder shall be ac- 
coinpauied by a good and sufficient bond, to be approved by the gov- 
ernor before acceptance, in the penal sum of two hundred thousand 
dollars ($200,000) ; and the said contract shall provide that one of the 
board of commissioners, to be elected by themselves, shall be a super- 
intendent of construction, and shall remain permanently in or about the 
building while work thereupon is in progress; 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 measarements ; and for the withholding of at least 
ten 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 ; 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 board 
of commissioners themselves 5 and for the full protection of sub-con- 
tractors, by withholding payment from the contractor, and by paying 
the sub-contractors directly for all work done by them, in case of failure 
or refusal on the part Ox the contractor to fulfill his engagement with 
them ; and for the settlement of all disputes as to the valuation of alter- 
ations and extras, or any other disputed questions which may arise 
under the contract, by arbitration, as follows: one arbitrator to be 
chosen by the board of commissioners, one by the contractor, and one 
by the governor, all three of said arbitrators to be practical mechanics 
and builders ; and for the reservation, by and to the board of commis- 
sioners, of the right, under the contract, to order changes in the plans 
and detailed drawings, at their discretion, and the right to order the 
cessation of work at any time when the funds appropriated for the car- 
rying on of the said work shall have been exhausted, and the right to 
refuse to accept any work which may be done, and not be fully in accord- 
ance with the letter and spirit of the i^lans, specifications and detailed 
drawings, and all work not accepted shall be rei)laced at the expense of 
the contractor; and for a deduction from the contract price of all altera- 
tions ordered by the board of commissioners, which may and do diminish 
the cost of the building. And it is hereby made the duty of the super- 
intendent to carefully inspect all materials used, and to see to it that no 
improper or bad material be used in the construction of said south wing, 
and that all work is properly and well done, in a substantial and good- 
workmanlike manner. 

§ 7. The said contract shall be signed by the president of the board 
of commissioners, in behalf of the board, after a vote authorizing him so 
to sign shall have been entered upon the minutes of said board; and it 
shall be attested by the counter signature of the secretary of the board ; 
and by the seal of the board. It shall also be signed by the con- 
tractor and by his sureties. It shall be drawn in triplicate, and one 
copy of the same shall be given to the contractor, one copy shall be re- 
tained by the board of commissioners, and one copy shall be tiled in the 
office of the board of public charities at Springfield. 

§ 8. All bids shall show the estimated cost of the materials to be fur- 
nished, and of the work to be done, of each description, in detail, as in 
the specifications; and the board of commissioners shall have the right 
and power, at their discretion, t^ accept separate bids for the plumbing 



APPROPRIATIONS. 17 



aud for the steam heating, if for the advantage of the state ; and all 
measurements and accounts, as the work progresses, shall show, in 
detail, the amount and character of the materials furnished or work 
done, for which payment is made, and the price allowed for the same. 

§ 9. The compensation of the board of commissioners shall be five 
dollars each per day for every day actually spent in such service, and 
their necessary traveling expenses in going to and returning from the 
meetings of the board : Provided, that no commissioners shall be allowed 
to charge or to receive pay for constructive service, that is to say, for 
any day or days other than those actually employed in the performance 
of the duties herein required, and the two non-resident commissioners 
shall only be required to meet with the acting superintendent on the 
grounds of the institution on each and every estimate day, and shall 
not be entitled to compensation for any other time. 

§ 10. The board of commissioners, and each of them, before entering 
upon the discharge of the duties imposed upon them by this act, shall 
give a bond, payable to the People of the State of Illinois, in such 
amounts and with such securities as may be required by the governor, 
for the faithful performance of their obligations and duties. 

§ 11. The moneys herein appropriated shall be paid to the parties to 
whom they may become due and payable, directly from the treasury of 
the state, on warrants of the auditor of public accounts; and the auditor 
is hereby authorized and directed to draw his warrant ±br said moneys 
upon the order of the board of commissioners, signed by the president 
and attested by the secretary with the corporate seal of the institution : 
Provided, that no warrant shall be issued unless the order of the board 
of commissioners is accompanied by satisfactory vouchers, approved by 
the governor, showing in detail the character, amount and price of work 
done or material furnished, for which payment is made as required by 
the eighth section of this act. 

Approved April 10, 1875. 



INSANE ASYLUM, ANNA. 

§ 1. For repairs, $2,000 per annum. For library, I § 2. Auditor to draw warrant. 
pump, coal and ice-house, etc., $20, 300. I In force Jnly 1, 1875. 

An Act making ajpinopriations for the ordinary and other expenses of the 
Southern Insane Asylum, at Anna. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General AssemMy, That the following amounts be and here- 
by are appropriated to the Southern Insane Asylum, at Anna, for the 
purposes herein named and for no other : 

For ordinary expenses, the sum of fifty thousand dollars ($50,000) 
per annum, payably quarterly, in advance, from the first day of July, 
1875, until the expiration of the first fiscal quarter after the adjourn- 
ment of the next general assembly. 

—2 



18 APPROPRIA.TIONS. 



For repairs, the sura of two thousand dollars ($2,000) per aunura, 
payable quarterly, in advance. 

For additional furniture for the first floor of the north wing, and for 
furniture for the entire building, four thousand dollars ($4,000). 

For furniture for the chapel, one thousand five hundred dollars 
($1,500). 

For library, musical instruments and amusements for patients, two 
thousand dollars ($2,000). 

For pump house, one thousand dollars ($1,000). 

For coal house, one thousand dollars ($1,000). 

For ice house and vegetable cellar, two thousand dollars ($2,000). 

For carpenter shop and purchase of tools, one thousand and five hun- 
dred dollars ($1,500). 

For tight board fence for patients, one thousand dollars ($1,000). 

For improving grouuds, two thousand dollars ($2,000). 

For stock for farm, and carriage, two thousand dollars ($2,000). 

For reservoir or water-tank, one thousand eight hundred dollars 
($1,800). 

For road from town of Anna, two thousand dollars ($2,000). 

§ 2. The auditor of public accounts is hereby authorized and required 
to draw his warrant on the treasurer for the moneys herein appropriated, 
upon order of the board of trustees, signed by the president and attested 
by the secretary, and verified by their affidavits, with the corporate seal 
of the institution : Provided, that no part of the moneys appropriated 
in this act shall be due and payable until proper vouchers, in detail, 
approved by the governor, shall have been filed with the auditor, for 
the current and other expenditures of the quarter last preceding. 

Approved April 13, 1875. 



INSANE ASYLUM, ELGIN. 

§ 1. For furniture, $2,000; for hose and fire ap- | § 2. Auditor to draw warrant. 

paratus, |1, 000 ; for ordinary expenses, j § 3. Emergency. In force Marcli 25, 1875. 
$3, 750 per month. | 

An Act making appropriations for the support of patients in the south 
wing of the Northern Illinois Hospital and Asylum for the Insane, at 
Elgin, and for additional furniture. 

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 appro- 
priated to the Northern Illinois Hospital and Asylum for the Insane, at 
Elgin, the sum of two thousand dollars ($2,000) to provide furniture for 
fifty additional patients in the north wing of said hospital, and on© 
h ©usand dollars ($1,000) for hose and fire apparatus. Also, the sum of 
three thousand seven hundred and fifty dollars ($3,750) per month, or 
so much thereof as shall be necessary, payable monthly in advance, for 
the ordinary expenses of patients to be admitted and provided for in the 
south wing of said hospital, from the date of occupancy, to be fixed by 
proclamation by the governor, to July 1, 1875. 



APPROPRIATIONS. 19 



§ 2. The auditor of public accounts is hereby authorized and re- 
quired to draw his warrants upon the treasurer for the sum of two thou- 
sand dollars ($2,000) for furnishing, and one thousand dollars ($1,000) 
for hose and fire apparatus, as aforesaid, when the trustees shall make 
requisition for the same, approved by the governor ; and also for the sum 
of thirty-seven hundred and fifty dollars ($3,750), or so much thereof as 
shall be necessary, to pay the ordinary expenses as aforesaid, upon the 
order of the trustees, signed by the president and attested by the secre- 
tary of said board, with the corporate seal of said institution attached: 
Frovided, that no part of the moneys herein appropriatedshall be due 
and payable to the said institution until satisfactory vouchers, in detail, 
approved by the governor, have Deen riled with the auditor, for the ex- 
penditure of the last monthly or other installment of appropriations 
herein or heretofore made. 

§ 3. Whereas the south wing of said hospital is ready for the recep- 
tion of patients, and can be used as soon as means are provided for 
their support, therefore an emergency exists, and this act shall be in 
force from and after its passage. 

Approved March 25, 1875. 



§ 1. For ordinary expenses, 190, 000 per annum, l §3. Auditor to draw -warrant 

§2. For barn, slieds, piggery, fencing, grading, I In force July 1, 1875. 

boiler, etc., 11-2,230. I 



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

Section 1. Be it enacted by the People of the State of Illinnis, repre- 
sented in the General Assembly j That there be and hereby is appropriated 
to the Northern Illinois Hospital aud Asylum for the Insane, at Elgin, 
for ordinary expenses, the sum of ninety thousand dollars ($00,000) per 
annum, payable quarterly in advance, from the first day of July, A. D. 
1875, to and until the expiration of the first fiscal quarter after the adjourn- 
ment of the next general assembly : Provided, that before issuing his 
warrant for such quarterly payments, there shall be filed in the office of 
the auditor, satisfactory vouchers in detail, approved by the governor, 
for the expenditures of the last preceding mouth. 

§ 2. That the following sums arc also appropriated to said institution, 
and for the purposes hereinafter named, out of any money not otherwise 
appropriated, to wit: 

For stock barn (40x100 feet, and basement), $3,000. 

For sheds for wagons (25x75 feet), 

For piggery and hennery, $300. 

For 1,000 rods of fencing, $1,000. 

For high board fence, $720. 

For grading and shrubbery, $1,000. 

For laundry extension, $3,500. 

For new boiler, $1,500. 

For pump, $350. 



20 APPROPRIATIONS. 



For washing macliiiie, |360. 

In all, the sum of $12,230. 

§ 3. The auditor of public accounts is hereby authorized and re- 
quired to draw his warrants upon the treasurer for the said sums, upon 
the order of the trustees, signed by the president and attested by the 
secretary of said board, with the corporate seal of the institution at- 
tached. 

Approved April 10, 1875. 



INSANE ASYLUM, JACKSONVILLE. 



§ 3. Auditor to draw warrant. 
In force July 1, 1875. 



§ 1. For ordinary expenses, |90, 000 per annum. 
§ 2. For repairs and improvements, 15,000 per 
annum; and boiler, |2, 500. 

An Act cqjpropriating money to defray the ordinary expenses of the 1 Hi- 
nois State Hospital for the Insane, located at Jacksonville, and for 
making repairs and improvements to said hospital. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That for the purpose of defraying the 
ordinary expenses of the Illinois State Hospital for the Insane, located 
at Jacksonville, the sum of ninety thousand dollars ($90,000) per an- 
num be and is hereby appropriated to said hospital, from July 1, 1875, 
until the expiration of the first fiscal quarter after the adjournment of 
the next regular session of the general assembly, payable quarterly in 
advance: Provided, that before issuing his warrant for such quarterly 
payments the auditor of public accounts shall require that there be filed 
in "his offlce a statement showing in detail the expenditures during the 
preceding quarter, with satisfactory vouchers in detail approved by the 
governor, such statements to be verified by the affidavits of the super- 
intendent, and approved by the governor. 

§ 2. That for the purpose of making needed repairs and improve- 
ments to said hospital, the sum of five thousand dollars ($5,000) per 
annum, [and] twenty-five hundred dollars ($2,500) for a boiler, is here- 
by appropriated for two years, commencing July 1, 1875, payable out of 
the state treasury, as shall be required for use, certified to by the super- 
intendent in bills of particulars, and approved by the governor. 

§ 3. The auditor of public accounts is hereby 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 Hospital for the 
Insane, signed by the president and attested by the secretary of said 
board, with the corporate seal of the institution. 

Approved April 19, 1875. 



APPROPRIATIONS. 21 



INVESTIGATINQ COMMITTEE. 

§ 1. To pay cxpeiiaca of Houae penitentiary in- In force July 1, ls75. 

vestigating committee, $249 44. Auditor 
to draw warrant. 

An Act to provide for the payment of the expenses of the House Peniten- 
tiary Investigating Committee^ and the expenses of tvitnesses, and other 
necessary expenses incurred. 

Section 1. Be it enacted by the People of the State of Illinois tep re- 
sented in the General Assembly, That for the purpose of i)aying the ex- 
penses of the members of the house committee ou peuiteutiary, and of 
witnesses and other necessary expenses incurred, when engaged in an 
investigation of the penitentiary, by order of the house of representa- 
tives, the following snms are hereby appropriated : 

Phillip Oolins and A. C. Neilson, the sum of eleven dollars and fifty 
cents each ($11 50), for traveling expenses to and from Joliet. 

To Thomas Dempsey, Frank Swan, Henry Benner, W. J. Deeming, 
and Gallus Miller, witnesses, for expenses incurred in visiting Spring- 
field, on order of the house committee^ the sum of fifteen dollars ($15) 
each. 

To F. E. Nevins, for services reporting testimony in short-hand, while 
the committee was at Joliet, and traveling expenses, the sum of one 
hundred and forty six dollars and forty cents ($146 40). 

To 0. V. Gorham, witness, for expenses incurred in visiting Joliet, on 
order of the committee, the sum of two dollars ($2 00). 

To ]Sr. L. Wickwire, door keeper of the house of representatives, for 
traveling expenses to and from Joliet, and serving papers by order of 
the committee, $14 54. 

The auditor of public accounts is hereby directed to draw his warrant 
on the state treasurer, for the sums herein specified, to each person 
above named ; and the state treasurer is hereby directed to pay the 
same out of any funds in the treasury not otherwise appropriated. 

Approved April 0, 1875. 



NORMAL university, NORMAL. 

^ 1. For ordinary expenses, interest, salaries, I § 3. For new floors and tin roof. Auditor to draw 

fuel, repairs, etc., $11,713 88. I warrant. 

§ a. Auditor to draw warrant. § 4. Act in force till, etc. 

I Inforce July 1, 1875. 

An Act mahing an appropriation for the ordinary expenses of the Normal 
University, at Normal, and for new floors and a neiv roof. 

t> 
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 the Normal University, at jSTormal, for ordinary expenses, in addition 
to the whole of the interest of the college and seminary fnud, which is 
hereby appropriated, the further sum of eleven thonsand seven hundred 



22 APPROPRIATIONS. 



and twelve dollars aod eighty-eight cents ($11,712 88) per annum, paya- 
ble quarterly, iu advance, for the payment of salaries, for the purchase 
of fuel, and for necessary repairs and incidental expenses : Provided, 
that the expenses of the model school shall be paid out of the receipts 
for tuition of pupils in said school. 

§ 2. The auditor of public accounts is hereby authorized and re- 
quired to draw his warrant upon the treasurer for the aforesaid moneys, 
upon the 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 appro- 
priated shall be due and payable to the said institution until satisfac- 
tory vouchers, in detail, approved by the governor, have been filed with 
the auditor, for the expenditure of the last quarterly installment of ap- 
propriations herein or heretofore made for the defraying of ordinary 
expenses. 

§ 3. There is also appropriated to said institution, for the laying of 
new floors, the further specific sum of two thousand dollars ($2, 000) ; 
and, also, the further specific sum of three thousand dollars ($3, 000), 
for a new tin roof to the building. And the sums appropriated in this 
section shall be payable out of any moneys in the treasury not other- 
wise appropriated, on the warrant of the auditor of public accounts, 
who is hereby authorized and directed to issue the said warrant 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 duplicate vouchers shall be taken and filed with the au- 
ditor of public accounts, for all expenditures on account of the appro- 
priation herein made. 

§ 4. This act shall be and continue in force from the first day of 
July, 1875, until the expiration of the first fiscal quarter after the ad- 
journment of the next general assembly. 

Approyed April 8, 1875. 



NORMAL UNIVERSITY — SOUTHERN. 

§ 1, Por salaries of principal, teachers and em- I § 2. Auditor to draw warrant, 
ployees, |14, 100 per annum ; for fuel and Tn fnrr-A TnW i ists 

repairs, |1, 500 ; fencing, SI, 250 ; library, I ^^ ^'^^^^ ''^^ ^' ^'*^^- 

etc., 11,500. I 

An Act maMng appropriatioiis to the Southern Normal University, 

at Carhondale. 

Section 1. Be it enacted hy the People of the State of Illinois repre- 
sented in the General Assembly, That there be and are hereby appropri- 
ated to the Southern Normal University, at Carbondale, the following 
sums for the j3urposes hereinafter specified, and for none other : 

For salaries, fourteen thousand one hundred dollars ($14,100) per 
annum, namely : for the salary of the principal, three thousand five 
hundred dollars ($3, 500) ; for three assistant teachers, one thousand 
eight hundred dollars ($1, 800) each; for three assistant teachers, one 
thousand dollars ($1,000) each; for two assistant teachers, eight hun- 
dred dollars ($800) each ; and for the janitor, six hundred dollars 



APPROPRIATIONS?. 23 



($600) ; and for fuel and repairs one tlionaand five hundred dollars 
($1,500) per annum; the foregoiug sums to be payable quarterly, in ad- 
vance, from the first of July, 1875, to the exj)iration of the first fiscal 
quarter after the adjournuieut of the next general assembly, out of any 
moneys in the treasury not otherwise appropriated. 

For fencing of the university grounds, the sum of one thousand two 
hundred and fifty dollars, and for grading, the sum of one thousand 
dollars ; and for the purchase of a library and chemical and philosophi- 
cal apparatus, the sum of one thousand five hundred dollars ($1, .500), 
both payable out of the levy of 1874. 

§ 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, with the corporate seal of the institution attached : Provided 
that satisfactory vouchers, in detail, approved by the governor, shall be 
filed quarterly with the auditor of public accounts, for all expenditures, 
ordinary" and extraordinary, of the preceding quarter, and that no part 
of the moneys herein appropriated shall be due and payable until after 
such vouchers shall have been so filed. 

Approved April 8, 1875. 



REFORM school. 

^ i. For orflinary expeuees, $'.iO, 000 per aunuiu ; I ^ 2. Auditor to draw ■warrant, 

for liaiu, coin cril), sewor, library, loof, [ In force July 1, 1875. 

heating boiler fixtui-es, school, additional I 

buildings, etc., and repairs, $27,000. | 

An Act malcing appropriations for the State Reform School, at Pontiac. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the following sums be and are 
hereby ap])ropriated to the State Eeform School, at Pontiac, for the 
purposes herein specified, and for no other : 

For ordinary expenses, thirty thousand dollars ($30, 000) i^er annum, 
payable quarterly in advance, from the first of July, 1875, to the expi- 
ration of the first fiscal quarter after the adjournment of the next gen- 
eral assembly. 

For the erection of a barn, corn cribs and wagon sheds, one thous- 
and five hundred dollars ($1,500) ; for the construction of a sewer, five, 
thousand dollars ($5.000) ; for the jmrchase of a library, five hundred 
dollars ($500j ; for the renewal of the roof, t wo thousand dollars ($2,000) ; 
for renewal of steam heating apparatus, one thousand dollars ($1,000) ; 
for a new boiler, two thousand dollars ($2,000) ; for apparatus and fix- 
tures for the kitchen and laundry, five hundred dollars ($500) ; and for 
the purchase of school furniture, five hundred dollars ($500) ; and nine 
thousand dollars ($9,000) for an additional building suitable to the pur- 
pose of keeping therein such boys as experience has shown should be 
sei)arated from the remainder of the inmates ; plans, specifications 
and estimates for which shall be submitted to and approved by the 
governor before any contract shall be entered into or any money 



24 



APPROPRIATIONS. 



sliall be paid out of the treasury thereon, and this appropriation shall 
be in full for the building and completing thereof. 

For general repairs and improvements from the first of July, 1875, to 
the first of July, 1876, the sum of two thousand dollars ; and from the 
first of July, 1876, to the first of July, 1877, the sum of three thous- 
and dollars, 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 moneys 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 : Frovided, that no portion of said moneys shall be due 
and payable to the said institution until satisfactory vouchers, in detail, 
approved by the governor, shall have been filed with the auditor, for all 
previous expenditures incurred by the institution on account of ajjpro- 
priations heretofore made : And, ])rovided, further, that vouchers shall 
be taken in duplicate, and original or duplicate vouchers shall be for- 
warded to the auditor of public accounts for the expenditure of the sums 
appropriated in this act. 

Approved April 10, 1875. 



SOLDIERS' orphans' HOME. 



§ 1. For orclinaiy expenses $50,000. 

§ 2. Por improvements, repairs and library |1, 250 
per auuum. 

§ 3. Auditor to draw warrant. 



§ 4. Appropriation for library, repairs and cis- 
tern — when and how drawn. 

In force Jiily 1, 1875. 



An Act to malie appropriations for the Soldiers^ Orphans' Home, and to 
maintain said institution for tlie next two years. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That from and after the first day of 
July, A. D. 1875, until the expiration of the first fiscal quarter after the 
adjournment of the next regular session of the general assembly, there 
is hereby appropriated to the Soldiers' Orphans' Home the sum of fifty 
thousand dollars ($50,000) per annum, payable quarterly in advance, for 
the support, education, nurture and care of the children of deceased or 
disabled soldiers. 

§ 2. And there is further appropriated, for the necessary improve- 
ments and repairs during said period, the sum of one thousand dollars 
($1,000) per annum, and for the ijurpose of increasing the library, and 
for school books and other reading matter, the sum of two hundred and 
fifty dollars ($250) per annum, and for the purpose of constructing cis- 
terns for the storing of water the sum of one thousand dollars ($1,000.) 

§ 3. The auditor of public accounts is hereby authorized and di- 
rected to draw his warrant upon the state treasurer for the amount ap- 
propriated 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 a second war- 
rent for current expenses shall not be drawn until satisfactory^ vouchers 
shall have been approved by the governor and filed with the auditor, 



APPROPRIATIONS. 25 



showing the ainoimt previously drawn to have been properly expended 
and for the purposes for which the same was appropriated. 

§ 4. The amounts appropriated for library, improvements and re- 
pairs and constructing of cisterns, shall be paid upon the order of the 
board of trustees, and vouchers for such expenditures shall be returned, 
the same as required for current expenses. 

Approved April 8, 1875. 



STATE GOVERNMENT. 

§ 1. A sum sulHcieut appropriated. In force July 1, 1875. 

An Act making an appropriation for the payment of the officers and mem- 
bers of the next General Assembly, and for the salaries of the officers of 
the State Government. 

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 
a sum of money sufficient to pay the oflicers and members of the next 
General Assembly, and the salaries of the' officers of the state govern- 
ment, at such rates of compensation as is now or hereafter may be 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 March 24, 1875. 



§ 1. For Board of Equalization— returu of fugi- 1 § 2. Auditor to draw warrants, 
fives — printing paper — stationory, print- 1 ^ 3 Emergency 
55! 60^'"'^'°^"'°''''^''"*''^ expen8es-|62,- 1 In force April 10, 1875. 

An Act to provide for the necessary expenses of the State Governme^it 
and the General Assembly, incurred or to be incurred and now unpro- 
vided for, until the 30th day of June, 1875. 

Section 1. Be it enacted, by the People of the State of Illinois, repre- 
sented in the General Assembly, That the following appropriations, or so 
much thereof as may be necessary, be and the same are hereby made, 
to meet the necessary expenses of the state government and the gen- 
eral assembly, incurred or to be incurred, and now unprovided for, until 
the 30th day of June, 1875 : 

First — The sum of three thousand five hundred and fifty-three dollars 
and sixty cents ($3,553 00) expenses of the state board of equalization, 
to be certified by the chairman of said board and approved by the gov- 
ernor. 

Second — The sum of three thousand dollars ($3,000) for the apprehen- 
sion and return of fugitives from justice, to be paid on the evidence re- 
quired by ]»\y, certified to and approved by the governor. 

Third — The sum of ten thousand dollars ($10,000) for printing paper, 
to be certified by the board of commissioners of state contracts and ap- 
proved by the governor. 



26 APPROPRIATIONS. 



Fourth — The sum of five thousaud ($5,000) for stationery, to be certi- 
fied by the board of commissioners of state contracts and approved by 
the governor. 

Fifth — The sum of twenty-four thousand dollars ($24,000) for public 
])rintiug, to be certified by the board of commissioners of state contracts 
and approved by the governor. 

Sixth — The sum of five thousand dollars ($5,000) for public binding, 
to be certified by the board of commissioners of state contracts and ap- 
])roved by the governor. 

iSeventh — The sum of twelve thousand ($12,000) for the payment of the 
incidental expenses attending this session of the general assembly, in- 
cluding repairs and fitting up both halls, for fuel, gas, ice, labor of en- 
gineer, firemen and extra janitors, rent of committee rooms, furniture, 
etc., and for such other incidental expenses as are not otherwise pro- 
vided for. All bills incurred by order of the general assembly to be 
paid on the certificate of the presiding officer of that branch for which 
the indebtedness was incurred, certified by the secretary of state and 
approved by the governor. All other bills incurred by the state and 
payable from this appropriation, shall be certified hy the secretary of 
state and approved by the governor. 

§ 2. The auditor of public accounts is hereby authorized and di- 
rected to draw his warrants on the state treasurer for the sums herein 
specified, upon presentation of the proxDer vouchers, and the state treas- 
urer shall pay the same out of any funds in the treasury not otherwise 
appropriated. 

§ 3. Whereas, the appropriations above recited are necessary for 
the transaction of ihe business of the state and general assembly, there- 
fore an emergency exists, and this act shall take efi'ect and be in force 
from and after its passage. 

Approved April 10, 1875. 



§ 1. Ordinary and contingent expenses until the I §2. Auditor to draw warrant, 

expiration of the first fiscal quarter after | In force July 1, 1875. 

the adjournment of the nest regular ses- I 

sion. I 

An Act to provide for the ordinary and contingent expenses of the State 
Government until the expirationof the first fiscal quarter after the ad- 
journment of the next regular session of the General Assembly. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the following named sums be and 
they are hereby appropriated to meet the ordinary and contingent ex- 
])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 three thousand dollars ($3,000) per an- 
num shall be subject to the order of the governor for defraying all such 
public expenses of the state government as are unforeseen l)y the gen- 
eral assembly, and not otherwise jirovided for by law, payments to be 
made from time to time upon bills of i)articulars, certified by the gov- 
ernor. 



APPROPRIA.TIONS. 



Second — The sum of two thousand five hundred dollars ($2,500) per 
annum for clerk hire, in the governor's office, payable quarterly upon 
the governor's order, and no more. 

Third — To the governor's office, for postage, express, telegraphing 
and other incidental office expenses, a sum not excee«ling seven bundrcil 
and fifty dollars ($750) per annum, to be paid on bills of particulars, 
certified by the goveruor. 

Fourth — To the governor's office, for porter, six hundred dollars ($600) 
per auuum, payable quarterly upon the order of the governor. To the 
governor, for repairs and care of executive mansion and grounds, and 
for no other puri)ose, one thousand dollars ($1,000) i^er annum, to be 
paid on bills of particulars, certified to by the governor. 

Fifth — To the secretar;\ of state, for clerk hire in his office, the sum 
of eight thousand dollars ($8,000) per annum, payable quarterly on his 
order. To the secretary of state, for repairs, postage, expressage, tele- 
graphing, and other incidental expenses of the office, a sum not excee<l- 
ing fifteen hundred dollars ($1,500) per annum, payable upon bills of 
particulars, certified by the secretary of state and approved by the gov- 
ernor. To the secretary of state, for two porters and messengers, the 
sum of twelve hundred dollars ($1,200) per annum, payable quarterly 
on his order; also, for necessary actual expenses attending the removal 
of said office from the old to the new state house, including the proper 
indexing, classification and arrangement of the files and records, the 
sum of four thousand dollars ($4,000), or so much thereof as maj^ be 
necessary, payable on bills of particulars, certified by the secretary of 
state and approved by the governor. To the secretary of state, for ad- 
vertising contracts, water rent for new state house, and for all expenses 
necessarily incurred by the secretary of state in the discharge of the 
duties imposed upon him by law, and for which no other approiiriations 
have been made, to be paid to the persons entitled to anj' portion 
thereof, the sum of one thousand dollars ($1,000) per annum, upon bills 
of particulars, ceitified by said secretary of state and approved by the 
governor. 

Sixth — To the auditor of public accounts, for clerk hire, the sum of 
seven thousand five hundred dollars ($7,500) per annum, to be paid 
quarterly. To the auditor of public accounts, for one porter, the sum 
of six hundred dollars ($600) per annum after removal to the new state 
house, and the sum of eight hundred dollars ($800) for same, while he 
remains in the old state house, payable quarterly on his order. To the 
office of the auditor of i^ublic accounts, for furniture, repairs, postage, 
express charges, telegraphing, and other necessary exj)enses incurred 
in thedischarge of the duties thereof, a sum not exceeding one thousand 
five hundred dollars ($1,500) per annum ; also, for necessary actual ex- 
penses attending the removal of said office from the old to the new 
state house, including the proper classification and arrangement of the 
records, the sum of five hundred dollars ($500), or so much thereof as 
may be necessary — the two sums last mentioned to be paid on bills of 
particulars, eertitied by the auditor and approved by the governor. 

Seventh — To the state treasurer, for clerk hire, the sum of twenty-five 
hundred dollars ($2,500) per annum, payable quarterly on his order. 
To the office of the state treasurer, for repairs, postage, telegraphing 
and other necessary office expense;*, a sum not exceeding five hundred 
dollars ($500) per annum, payable on bills of particulars, certified by 
him and approved by the governor. To the state treasurer, the sum of 



28 APPROPRIATIONS. 



twenty-seven hundred dollars ($2,700) per annum for two night and one 
day watchmen, and the sum of eight hundred dollars ($800) per annum 
for one porter, payable quarterly on his order. To the office of the 
state treasurer, a sum not exceeding five thousand dollars ($5,000) for 
the purchase of a proper burglar proof safe, to be paid to the person or 
persons entitled thereto, upon bills of particulars, certified by the trea- 
surer and apj)roved by the governor. The money appropriated in the 
above item to be paid out of the moneys appropriated by this general 
assembly for the carrying on the work on the new state house, anything 
in any other act of this general assembly to the contrary notwithstand 
ing. 

JEightli — To the superintendent of public instruction, for clerk hire, 
the sum of two thousand five hundred dollars ($2,500) per annum, pay- 
able quarterly on his order. To the office of the superintendent of pub- 
lic instruction, for rejjairs, periodical and educational works, and other 
necessarj^ expenses of said office, a sum not exceeding one thousand 
five hundred dollars ($1,500) per annum, payable on bills of particulars 
certified by him and approved by the governor. Appropriations made 
by this clause to be i^aid out of the state school fund. 

Ninth — To the attorney-general, for clerk hire, the sum of two thou- 
sand five hundred dollars ($3,500) per annum, payable quarterly on his 
order. To the office of the attornej^-geueral, for telegraphing, postage, 
and other necessary expenses of the attorney-general incurred in the 
discharge of the diities of his office, a sum not exceeding one thousand 
dollars ($1,000) per annum, payable on bills of i)articulars certified by 
him and approved by the governor. 

Tenth — To the office of the adjutant general, for clerk hire, the sum 
of eight hundred dollars ($800) per annum, payable quarterly on his 
order, and the further sum of five htindred dollars ($500) per annum, 
for janitor, to keep the state arms in order, payable on his order. Also 
for telegraphing, postage and office expenses, the further sum of seven 
hundred dollars ($700) per annum. 

Eleventh — To the secretary of the fund commissioner, twelve hundred 
dollars ($1,200) per annum, payable quarterly on the order of the gov- 
ernor. 

Twelfth — To the custodian of field notes and surveys, for his office 
expenses, the sum of three hundred dollars ($300) iier annum, payable 
on bills of j)articulars certified to by him and approved b3^ the gover- 
nor. For copying field notes, as provided by law, at tbe rate of ten 
dollars ($10) per township, the sum of five thousand dollars ($5,000), 
payable out of the levy of 1874, and three thousand dollars ($3,000), 
payable out of the levy of 1875, or so much thereof as may* be neces- 
sary — to be paid on his certificate of work done on the ai)proval of the 
governor. 

Thirteenth — To the board of public charities, for expenses, including 
the salary of a clerk, a sum not exceeding four thousand five hundred 
dollars ($4,500) per annum, payable quarterly on bills of particulars, 
approved by the governor. • 

Fourteenth — A sum not exceeding two thousand dollars ($2,000) per 
annum, for costs and expenses on state suits, to be x>aid on bills of par- 
ticulars, certified by the auditor and approved by the governor. • 

Fifteenth — A sum not exceeding five thousand dollars ($5,000) per 
annum, or such sum as may be needed for the apprehension and deliv- 



APPEOPRIATIONS. 29 

cry of fugitives from justice, to be paid on the evidence required by 
law, certified to and approved by the governor. 

Sixteenth — The sum of fifteen thousand dollars ($15,000) per annum, 
or so much thereof as may be needed, for conveying convicts to the 
penitentiary, to be paid on the warden's certificate at the compensation 
tixed by general law, the auditor to compute the distance by the near- 
est railroad route. 

SeventeentJi — The sum of three thousand dollars ($3,000) per annum, 
Or so much thereof as may be needed, for conveying juvenile offenders 
to the reform school at Pontiac, on the certificate of delivery, at the 
rate of compensation allowed by law, the auditor to compute the dis- 
tance by the nearest railroad route. 

Elgliteenth — For printing paper and for stationery for the use of the 
general assembly and executive departments, purchased on contracts 
as required by law, payable on delivery thereof, on bills of particulars 
certified to by the board of commissioners of state contracts, and ap- 
proved by the governor, the sum of ten thousand dollars ($10,000) or so 
much thereof as may be necessary, payable out of the levy of 1874, and 
twenty thousand dollars ($20,000) payable out of the levy of 1875. 

Nineteenth — There is hereby appropriated to defray the incidental and 
contingent expenses of the supreme court, to-wit : For stationery, fuel, 
repairs, lights, furniture, express, books and other expenses deemed ne 
cessary by the court, the following sums : To the Northern grand di- 
vision, the sum of three thousand dollars ($3,000) j)er annum ; to the 
Central grand division, tlie sum of two thousand dollars ($2,000) per 
annum ; to the Southern grand division, the sum of fifteen hundred 
dollars ($1,500) per annum — the same to be paid upon bills of particu- 
lars certified to by at least two of the justices of said court. The sum 
of three hundred dollars ($300) per annum to each grand division of 
said court, for salary of librarian and care of library, payable quarterly 
on the certificate of at least two of the justices of .said court. The sum 
of three hundred dollars ($300) per annum to each grand division of 
said court for the pay of janitors, to perform such duties as shall be de- 
termined by said justices, to be paid quarterly on the order of at least 
two of the justices of said court. To the Central grand division, for 
rent of rooms until said court shall be fully removed to the new state 
house, the sum of seventeen hundred and fifty dollars ($1,750) per an- 
num, or so much thereof as may be necessary, payable quarterly on the 
order of at least two of the justices of said court. To the Central 
grand division, the sum of two hundred dollars ($200), or such sum as 
may be needed, to defray the expenses of removing the records, fix- 
tures and property thereof, and arranging the records and books there- 
of in the new state house, to be paid on bills of particulars certified to 
by clerk of said grand division, and approved by at least two of the 
justices of said court. 

TicentietJi — For public printing, twenty thousand dollars ($20,000), or 
as much thereof as may be required. For public binding, five thousand 
dollars ($5,000) per annum, or as much thereof as may be required. 
The public printing and binding to be paid for according to the contract, 
upon the order of the board of state contracts, apjjroved by the gov- 
ernor. 

Ticenty-first — The sum of fifty-seven thousand dollars ($57,000), or so 
much thereof as may be necessary to pay the interest on the school 
fund distributed annually in pursuance of law, the amount appropri- 



30 APPROPRIATIONS. 



ated under this clause, to be paid out of the Illiuois Central lailroad 
fund. 

Twenty -second — The sum of one million dollars ($1,000,000) annually, 
out of the state school fund, to pay the amount of the auditor's orders, 
and for the distribution of said fund to the several counties. The audi- 
tor shall issue his warrants on the proper evidence that the amount dis- 
tributed has been paid to the county school superintendents. 

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

Tweyity -fourth — To the secretary of the board of new state house 
commissioners, the sum of fifteen hundred dollars ($1,500) per annum, 
payable quarterly on a bill certified to by at least two of the commis- 
sioners, and approved by the governor. 

Twenty fifth — That for four janitors and two watchmen of the new 
state house, who shall perform such duties as shall be assigned to them 
respectively, by the governor, secretary of state and auditor, the sum 
of eight hundred dollars ($800) per annum each, payable quarterly on 
the order of said state oflScers, to take effect upon the removal to the 
new state house. 

Twenty-sixth — The sum of eighty-eight thousand dollars ($88,000) per 
annum, or so much thereof as maybe needed, to pay the 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 -seventh — To the railroad and warehouse commissioners, for the 
incidental expenses of their office, including office rent and care, furni- 
ture, stationery, fuel, light, postage and telegraph expenses, extra clerk 
hire, the fees of experts employed, and for the secretary's salary, which 
shall be fix:ed by the board, and for all necessary expenditures except 
those hereinafter provided for, a sum not to exceed four thousand dol- 
lars ($4,000) per annum. For expenses incurred in suits or investiga- 
tions, commenced by the authority of the state under any laws now in 
force or hereafter to be enacted empowering or instructing the board of 
commissioners, the sum of ten thousand dollars ($10,000) per annum, 
or such amount as may be needed for such purpose — the appropriations 
made by this clause to be paid upon detailed statements filed with the 
auditor, bearing the order of the board and the approval of the gov- 
ernor. 

Twenty-sighth — 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. 

Twenty -ninth — The sum of three thousand dollars ($3,000) per annum 
for rewards for fugitives from justice, to be paid upon bills of particu- 
lars having the order of the governor endorsed thereon. 

Thirtieth — For copying the laws, journals and joint resolutions of the 
general assembly, as provided by law, one thousand dollars ($1,000). 
For distribution of the laws, journals and other state documents, and 
incidental expenses connected therewith, the sum of five hundred dol- 
lars ($500). 

Thirty first — For heating, fuel, engineers and firemen of the new 
state house, the sum of seven thousand dollars ($7,000) per annum, or 
so much thereof as may be necessary. For lighting the new state house 



APPROPRTATTONS. 31 



the sum of twenty-five hundred dollars ($2,500) per annum, or so much 
thereof an may be uecessary ; this appropriation to commence after the 
occupation of the new state house by the state officers, and to be paid 
upon bills of particulars, certified to by the secretary of state and ap- 
proved by the governor. 

T hirty-seoond — The sum of three thousand dollars ($3,000), or so much 
thereof as may be needed, to pay the necessary expenses oit" the differ- 
ent standing and special committees of the two houses, their experts 
and clerks, of the twenty-ninth (29th) general assembly, when absent 
from the capitol on official duty, payable on the pay rolls of the chair- 
men of the respective committees, and approved by the presiding offi- 
cer of the respective houses. 

T hirtythird — To state board of equalization, for pay and expenses, a 
sum not exceeding eight thousand dollars ($8,(>00) per annum, payable 
in the manner provided by law. 

§ 2. The auditor of public accounts is hereby authorized and directed 
to draw his warrant on the state treasurer for the sums herein specified, 
upon presentation of the proper vouchers, and the state treasurer shall 
pay the same out of the proper funds in the treasury not otherwise ap- 
propriated. The said warrants shall be drawn in favor of, and payable 
to the order of the persons entitled thereto. 

Approved April 10, 1875. 



STATE INDEBTEDNESS. 

§ 1. To pay revenue deficit bonds, $250, 000. . ^3. Emergency. 

§, 2- To pay state debt already due, §57.221 76. I In force April 8, 1875. 

An Act making appropriations for the payment of the principal of State 

Indebtedness. 

\ Whereas, two hundred and fifty revenue deficit bonds, issued under 
authority of an act approved October 20, 1871, of one thousand dollars 
each, amounting to two hundred and fifty thousand dollars, were, by 
proclamation of the governor, declared due and payable on the fourth 
day of January last ; and, whereas, thirty-five refunded e.tock coupon 
bonds of one thousand dollars each will become due and payable on the 
first day of January, 1877 ; and, whereas, there is outstanding twenty- 
two thousand two hundred and twenty one dollars and seventy-six cents 
of other state debt already past due and called in by proclamation of 
the governor ; and, whereas, there is no act in force making appropria- 
tions for the payment of the same, whereby an emergency has arisen 
rendering it necessary that this act should take effect immediately ; 
therefore. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That the sum of two hundred and fifty 
thousand dollars ($250,000) is hereby appropriated to pay the principal 
of said revenue deficit bonds, and upon requisition of the governor the 
auditor shall issue his warrant upon the treasury, payable from the Illi- 
nois Central railroad fund, to pay the principal of said bonds as they 
shall be presented. 



32 APPEOPRIATIONS. 



§ 2. The sum of iifty-seveu thousand two hundred and twenty-one 
dollars and seventy-six cents ($57,221 76), or so much thereof as maybe 
necessary, is hereby appropriated to pay the principal of the state debt 
already due, or which may fall due, or which may be presented by the 
holders thereof, payable as ijrovided in section one of this act. 

§ 3. This act shall take effect and be in force from and after its 
passage. 

Approved April 8, 1875. 



STATE HOUSE. 

§ 1. For carrying on the work of tbe new State I §2. Emergency. 

House, $800, 000. | In iorce March 24, 1875. 

An Act to make an appropriation for carryiny on the work on the new 

State House. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That for the purpose of carrying on the 
work on the new state house, the sum of five hundred thousand dollars 
be and the same is hereby appropriated out of any moneys in the treas- 
ury not otherwise appropriated ; also, that the further sum of three 
hundred thousand dollars be and the same is hereby appropriated, to 
be paid out of the revenue to be collected from the assessment of prop- 
erty for the year 1875 for revenue purposes. 

§ 2. As the state has no apartments adequate or convenient for the 
transaction of the public business, and that there may be no unneces- 
sary delay in providing for the same, an emergency is hereby declared 
to exist, requiring this act to go into immediate effect; therefore, this 
act shall take effect and be in force from and after its passage. 

Approved March 24, 1875. 



FREDERICK WAGNER. 

§ 1. Auditor to draw warrant on Treasurer for $500. In force July 1, 1875. 

An Act for the relief of Fredsrich Wagner. 

Whereas, Frederick Wagner, while on duty as a private, in a volun- 
teer company of militia from Springfield, called by and organized under 
the authority of the governor of the state of Illinois, to do duty in the 
burnt district of the city of Chicago, on the night of the 12th day of 
October, A. D. 1871, was entirely disabled for life by the involuntary 
discharge of a musket in the hands of another volunteer i and, whereas, 
the appropriation for the relief of the said Frederick Wagner, made by 
the twenty-eighth general assembly, runs out on the first day of 
April, 1875, leaving him entirely destitute of all means ; and, whereas. 



ASSESSMENTS. 33 



the said Wagner desires to return to his native country where he can 
enjoy the blessings of a home and the nursing and care by the hands of 
his parents ; therefore, 

Section 1. Be it enacted hy the People of the State of I llinois, repre- 
sented in the General Assembly, That the auditor of public accounts be 
and is hereby directed to draw his warrant on the state treasurer, in 
favor of the said Frederick Wagner, for the sum of live hundred dollars 
($500), to be paid out of any money in the state treasury not otherwise 
appropriated. 

Approved April 8, 1875. 



ASSESSME]!^TS. 



CITIES, VILLAGES AND TOWNS. 

§ 1. Amecd section 16, act 1873. Proceedings by general officer — Judgment — Appeal — Deposit — 
Damages. In force July 1, 1875. 

An Act to amend an act entitled '•'•An act in regard to the assessment of 
property and the levy and collection of taxes hy incorporated cities in this 
tState,^'' approved April 15, 1873. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That section 16 of an act entitled "An 
act in regard to the assessment of j)roperty and the levy and collection 
of taxes by incorporated cities in this state," approved April 15, 1873, 
be and the same is hereby amended so as to reail as follows : 

"§ 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, special taxes and special assessments remaining due and unpaid, 
in the same manner as may be by law ijrovided for obtaining judgments 
against lauds for taxes due and unpaid the county and state ; and sha'l, 
in the same manner, proceed to sell the same for said general taxes, 
special taxes and special assessments remaining due and unpaid : Provi- 
ded, that it shall not be required of said general officer to attach to said 
list of delinquent lots or lands any affidavit whatever in relation thereto ; 
nor shall it be necessary that his return to the county court, in relation 
to lots, lands or real estai:e, for such purpose, shall contain the valuation 
of such property ; but it shall be sufficient that he make an official return 
stating in substance that the list, in this regard, by him presented, is a 
correct list of the lands and lots delinquent for taxes, special taxes and 
special assessments for city purposes, with the amount due on each tract, 
respectively, for such purposes, according to the return of the city collec- 
tor of such city, duly made to such officer according to law. In obtaining 
said judgment and making said sale, the said officer shall be governed 
by the general revenue laws of this state, except when otherwise provi- 
ded herein. And the city council may, by ordinance or resolution, fix 
and determine the term of the county court at which the said general 
—3 



34 ASSESSMENTS. 



officer shall apply for judgment against the said lots, parcels of land and 
property : Frovided, there shall be but oue general sale in any one year 
for any general taxes, special taxes or special assessments, levied by au- 
thority of such city, which sale shall be at the same, or a different time 
from the sale for state and county taxes, as the city council may by ordi- 
nance or resolution provide. Upon any such application for judgment, 
the county court shall have like jurisdiction and powers, and lilie pro- 
ceedings shall be had, as near as may be, as upon application for judg- 
ment lor state and county taxes ; and upon an appeal from the judg- 
ment of the county court, the lilie proceedings shall be had, and the like 
jurisdiction and like powers shall be exercised by courts and officers, 
as in case of appeals from 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, except in cases of 
special assessments, unless the party appealing from such judg- 
ment shall first deposit with such general officer an amount of 
money equal to the amount of the judgment appealed from, embracing 
accrued costs, and shall also give bond, with security, to be approved 
by the county court, in an amount to be lixed by the court, within a 
time to be limited by the court, conditioned that he will prosecute his 
appeal with effect, and, in case of failure, will pay to said city all dam- 
ages, interest and costs the city may have sustained by such ai^peal. 
Upon the affirmance of said judgment in the supreme court, by dis- 
missal of such appeal (or by dismissal of a writ of error made a super- 
sedeasj, or otherwise, judgment shall be rendered in the supreme court 
against said appellant (for the use of the city) for the costs in the su- 
jjreme court, and for interest on the original amount of such judg- 
ment, and for twenty (20) per cent, upon said judgment as damages, 
and no writ of error shall be allowed to operate as a supersedeas until 
the party applying therefor shall first have complied, in substance, with 
the conditions, as above required in appeals, to be prescribed by the 
judge or court allowing such supersedeas. If such judgment, so stayed 
by appeal or supersedeas, be reversed and not remanded, then said offi- 
cer holding such deposit shall restore the same to the party making 
such deposit. If such judgment be wholly affirmed, or affirmed in part 
and reversed in part, and not remanded, then such officer holding such 
deposit shall first pay out of such deposit the amount necessary to 
satisfy such judgment as affirmed or modified by the supreme court, 
together with all costs and interest and damages for which such de- 
positer is liable by the said affirmed or modified judgment, and shall pay 
the balance, if any, to such depositer, and if not sufficient, execution 
may issue for the balance from the clerk of the supreme court, or of the 
county court, as the case may require. If such judgment be reversed 
and remanded, then such deposit shall await the final judgment of the 
county court, and be disposed of by the order of said county court, as 
justice may require: And it is further provided, that if, for any cause, 
by appeal or otherwise, the final judgment in the county court shall 
not be rendered until it is too late to sell on the day designated for sale 
in the general revenue laws, then, and in such case, the county court shall, 
on rendering final judgment agaiust such delinquent lots or parcels of 
land, by order, fix the time and place of sale under such judgment, and 
make such order as shall effect the proper collection of such delinquent 
taxes or assessments." 
j^ppROVED Ai)ril 7, 1875. 



ASSESSMENTS. ' 35 



RULES FOR VALUING PERSONAL PROPERTY. 

§ 1. Amend section 3, act 1872. Rules for valuing personal property. In force July 1, 1875. 

An Act to amend section three (3 J, of an act entitled "vl^i act for the 
assessment of i^o^perty and for the levy and collection of taxes ^'' ajpproved 
March 3, ISTli. 

Section 1. Be it enacted hy the People of the /^tate of Illinois, repre- 
sented in the General Assembly, That section three (3) be ameuded so as 
to read as follows : 

"^ 3. Personal property shall be valued as follows — 

J'irst — All personal ])roperty, except as herein otherwise directed, 
shall be valued at its fair cash value. 

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

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

Fourth — The capital stock of all companies and associations now or 
hereafter created under the laws of this state, shall be so valued by the 
state board of equalization as to ascertain and determine, respectively, 
the fair cash value of such cai)ital stock, including the franchise, over and 
above the assessed value of the tangible property of such company or 
association. Said board shall adopt such rules and principles for ascer- 
taining the fair cash value of such capital stock as to it may seem equita- 
ble and just; and such rules and principles, when so adopted, if not in- 
consistent with this act, shall be as binding and of the same effect as if 
contained in this act, subject, however to such change, alteration or 
amendment as may be found, from time to time, to be necessary by said 
board : Provided, that in all cases where the tangible property or capital 
stock of any company or association is assessed under this act, the 
shares of capital stock of any such company or association shall not be 
assessed or taxed in this state. This clause shall not ai)ply to the 
capital stock or shares of capital stock of banks organized under the 
general banking laws of this state: Provided, further, that in assessing 
companies and associations organized for purely manufacturing pur- 
poses, or for printing, or for publishing of newspapers, or for the improv- 
ing and breeding of stock, the assessment shall be so made that such 
companies and associations so organized shall only be assessed as indi- 
viduals under like circumstances would be assessed, and no more ; and 
such companies and associations shall be allowed the same deducto 
as are allowed to individuals." 

Approved April 10, 1875. 



36 ASSESSMENTS. 



APPORTIONMENT OF SPECIAL ASSESSMENTS PAYABLE IN INSTALL- 
MENTS. 

§ 1. Apportionment of special assessments payaWe in installments. In force July 1, 1875. 

An Act concerning the apportionment of special assessments payable in 

installments. 

Section 1. Be it enacted by tlie People of the State of Illinois^ repre- 
sented in the General Assembly^ That in all cases where any special as- 
sessment, payable in installments, has been, or hereafter shall be made 
by any corporate authority, for supplying water, or other corporate pur- 
pose, and the owner or owners of any lot, block or parcel of land so 
assessed, or some of them, shall desire to sub-divide the same, and to 
apportion such assessment and the several installments thereof in such 
manner that each parcel of such proposed sub-division shall bear its 
just and equitable proportion thereof, the same may be done in the 
manner following, to- wit : The owner or owners of such lot, block or 
parcel of land shall present to such corporate authority a petition, set- 
ting forth — 

First — The descriptive character of the assessment, and the date of 
the confirmation of the same. 

Second — The names of the owners. 

Third — A description of the land proposed to be sub-divided, together 
with the amount of each installment thereon, and the year or years for 
which the same are due. 

Fourth — A plat showing the proposed sub-division. 

Fifth — The proposed apportionment of the amount of each install- 
ment on each lot or parcel according to such proposed sub-division. 
Such petition shall be acknowledged in the manner provided for the 
acknowledgment of deeds, and if such corporate authority shall be sat- 
isfied therewith, they shall cause to be indorsed upon or attached to 
such petition their approval by their clerk or secretary, under their cor- 
porate seal, and the same, so approved, shall be filed and recorded in 
the office of the county clerk in which such land shall be situate, and 
such apportioned assessment shall stand in place of the original assess- 
ment, and the same and the several installments thereof shall be deemed 
duly apportioned, and the several amounts so apportioned shall be liens 
upon the several parcels charged, respectively 5 and for the purpose of 
collecting the same all proceedings shall be had and taken as if said 
assessment and installments had been made and apportioned in the .Irst 
instance according to such apportioned description and amounts, and 
the respective owners shall be held to have waived every and all objec- 
tions to such assessment and the apportionment aforesaid : Provided^ 
this act shall not apply to any lot, block, or parcel of land on which 
there shall remain due and unpaid any installment. In case the owners 
are unable to agree as to such apportionment, or any of them are under 
legal disability, one or more of them may file a petition with the circuit 
court of the county in which such land so assessed is situate, substan- 
tially in form as hereinbefore provided ; and in such case such corporate 
authority, together with all owners or persons interested, not joined as 
petitioners and unknown owners, if any, shall be made parties defend- 
ant, and all proceedings in relation thereto shall be had as in cases in 



ASSESSMENTS. 



37 



cbaucery. The court may hear and determine the case according to tlie 
right of the matter. A copy of the record of the proceedings of the 
court in tlie premises in case of an apportionment, duly certified, shall 
be filed and recorded in the ofBce of such county clerk, and the same 
shall thereupon, as to the land therein embraced, the owners thereof, 
the apportionment aforesaid, and the collection of the several amounts 
apportioned, have the same force and ettect as is hereinbefore provided 
in cases where such corporate authorities shall approve of a petition 
and file and record the same. 
Approyed April 13, 1875. 



AMEND SECTIONS 192 AND 193, GENERAL ACT. 



§ 1. 



Amend section 192, act of 1872 ; condition of 
bond. 



2. Amend section 193, act of 1872; proceed- 
inn'8 for sale iu appeal cases. 
In force July 1, 1875. 



An Act to amend sections one hundred and, ninety-two fl92J and one hun- 
dred and ninety-three <^193^, of an act entitled '■'■An act for the assess- 
ment of property^ arid for the levy and collection of taxes j^'' approved 
March 30, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section one hundred and ninety- 
two (192) of said act be and the same is hereby amended to read as fol- 
lows: 

"§ 192. Appeals from the judgment of the court may be taken du- 
ring the same term to the supreme court, on the party praying an appeal 
executing a bond to the People of the State of Illinois, with two or 
more sureties, to be approved by the court, in double the amount of the 
judgment, conditional that the appellant will prosecute his said appeal 
with effect, and will pay the amount of any tax, assessment and cost 
which may finally be adjudged against the real estate involved in the 
appeal by any court having jurisdiction of the cause." 

§ 2. Be it further enacted, That section one hundred and ninety- 
three (193) of said act be and the same is hereby amended to read as 
follows : 

" § 193. In all cases of appeal to the supreme court from the judg- 
ment of the county court for any taxes or assessments levied upon real 
estate, the supreme court may render judgment against all the lots and 
lands, or any particular lot or tract of land embraced in the appeal, for 
so much or such part of the taxes and assessments, or any particular 
tax or assessment it may find to be legally charged against the same; 
and in case it shall find any part of the taxes or assessments, or any 
particular tax or assessment charged against the same has not been 
legally charged, it may either remit said taxes or assessments, or par- 
ticular tax or assessment so found to be illegally charged, or may re- 
verse so much or such part of the judgment of the county court as re- 
lates to said taxes or assessments, or particular tax or assessment so 
illegally charged, and remand the same to said inferior court, that other 
proceedings may be had thereon. When judgment shall be rendered 



38 ASSESSMENTS. 



by the sux)reme court against any lot or tract of land embraced in such 
appeal, it shall be the duty of the clerk of the supreme court to make 
and deliver to the county clerk of the county from which such appeal 
is taken, a record of the lauds and lots against which judgment is ren- 
dered, which shall set forth the name of the owner, if known, the de- 
scription of the property, the total amount of the judgment on each 
tract or lot, and shall attach thereto a copy of the order of the su- 
preme court, and his certificate that such record is correct, which 
shall be filed in the office of said county clerk, and shall be the 
process on which such real estate or any interest therein shall be 
sold for such taxes or assessments, or particular tax or assessment, 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 pro- 
vided when judgment is rendered by the county court against delin- 
quent real estate. The collector shall i^ublish 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 newspajDer 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 of the 
county fri'm which the appeal is taken, a certified copy of the order of 
such dismissal, the county clerk shall make a record of the lands and 
real estate embraced in such appeal, which shall be the process on 
which the real estate embraced in such appeal shall be sold ; and it shall 
be the duty of the county collector to proceed and sell the same in the 
manner provided hereinbefore in cases of jmigment rendered against 
real estate by the supreme court on the hearing of an appeal, and all 
the provisions of law shall apply to such sale as in other cases." 
Approved April lo, 1875, 



EXTENDING TAXES — CEETIFICATE. 

§1. Certificate of rates legalized. In force July 1, 1875. 

An Act to leqalize the extendon, levy and collection of taxes in towns, 
toumships^ districts, and incorporated cities, totvns and villages in tlw 
state of Illinois, and extended on the collector's booTcs of the assessment 
of the year A. D. 1874. 

Whereas, section one hundred and twenty-two (122) of ''An act for 
the assessment of property and for the levy and collection of taxes," 
approved March 30, 1872, in force July 1, 1872, provides that the pro- 
per authorities of towns, townships, districts, and incorporated cities, 
towns and villages shall, annually, on or before the second Tuesday in 
August, certify to the county clerk the several amounts which they sev- 
erally require to be raised by taxation ; and, whereas, in certain towns, 
townships, districts, and incorporated cities, towns and villages, the 
amount of taxes so required to be certified was not certified on or before 



AUDITOR OF PUBLIC ACCOUNTS. 39 



the second Tuesday in August, but afterwards, and the county clerk of 
said counties have extended the amount of said taxes on the collector's 
book for the assessment of the year 1874 ; therefore, 

Section 1. Be it enacted by the People of the JState of Illinois, repre- 
sented in the General Assembly, That in any case where the proper 
authorities have certified to the county clerk, and said county clerk has 
computed a rate to produce said amount or amounts on the assessment 
of property, made under the state revenue laws for the year A. D. 1874, 
and extended the same on said assessment, the action of said authorities 
and said county clerk aforesaid is hereby declared legal and valid ; and 
the taxes so extended shall be and remain alien on the property against 
which they are extended, to the same extent as if said certificate had 
been filed as provided by section one hundred and twenty-two (122; of 
the act aforesaid. 

Approved April 15, 1875. 



AUDITOE OF PUBLIC ACCOUNTS. 



AMEND SECTION 6 OF GENERAL LAW. 

§ 1- Amend section 6, act 1873 — ^seai — copies of | § 2. Emergency. 

records — evidence. | In force April 10, 1875. 

An Act to amend section six f6J of an act entitled "^4w act to revise the 
law in relation to the auditor of public accounts,''^ approved A2)ril 25^ 
1873. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That section six (6) of an act entitled 
^*An act to revise the law in relation to the auditor of public accounts," 
approved Ai)ril 25, 1873, be and the same is hereby so amended as to 
read as follows : 

"§ Q. The auditor shall keep an ofScial seal, which shall be used to 
authenticate all writings, papers, documents and accounts required by 
law to be certified from his office; and copies of all records, writings, 
papers and documents legally in his keeping, when certified h\ him and 
authenticated by his official seal, shall be received in evidence in the 
same manner and with like effect as the originals ; and all books of ac- 
counts with collectors and other officers and persons with whom it is 
the duty of the auditor to keep accounts, and certified copies thereof, 
and statements therefrom, authenticated by the auditor under his offi- 
cial seal, shall be jjnma/rtcie evidence of the correctness of such accounts 
and statements, and of the amount due thereon to the state," 

§ 2. Inasmuch as the law now in force as to the mode of proving 
such accounts is defective, an emergency exists requiring this act to 
take effect immediately; therefore, this act shall take effect and be in 
force from and after its passage. 

Approved April 10, 1875. 



40 CEMETERIES. 



CEMETEEIES. 

MAYOR AND ALDERMEN TO DEMISE OR CONVEY. 

§ 1. When cemetery land may be leased or sold. In force July 1, 1875. 

An Act to enable the mayor and aldermen of certain cities to lease or 

convey real estate. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That in all cities of which the mayor and 
aldermen have heretolore been incorporated, by any special act, as a 
cemetery association or body politic, it shall be lawful, a majority of 
their number assenting thereto, for such association or body politic to 
demise for a term of years, or to convey in perpetuity, any real estate 
which it may have acquired by purchase or otherwise 5 and the real 
estate so conveyed shall be devoted exclusively for burial or cemetery 
purposes by the grantee or lessee thereof, 

Approyed April 15, 1875. 



SALE OF LAND AUTHORIZED WHEN NOT SUITABLE^ 

§ 1. When land may be sold. j § 4. Notice of sale. 

§2- Notice of meeting. §5. Use of proceeds - 

§3. Sale must be public. I In force July 1, 1875. 

An Act to enable cemetery associations to sell and convey lands not re- 
quired for burial purposes. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That cemetery associations incorporated 
by the laws of this state, and owning land in any cemetery located in 
any county of less than one hundred thousand inhabitants, shall have 
power to sell such lands so owned by said association, and not suitable 
or required for burial purposes, and in which no persons shall have been 
buried : Provided, that the trustees, or other officers having control of 
such cemetery, shall first call a meeting of the lot owners in such ceme- 
tery, at which a vote shall be taken in regard to such sale, and if a 
majority of the votes so cast shall be in favor of such sales, the trustees^ 
or other officers having control of such cemetery, shall have power to 
sell such lands, as hereinafter provided. 

§ 2. Notice of such meeting shall be given by publication in some 
newspaper published in such county of less than one hundred thousand 
inhabitants, where such cemetery is located, at least once in each week 
for three successive weeks previous to such meeting ^ if no newspaper 
is published in the county where such cemetery is located, than such 
notice shall be published in the newspaper nearest to such cemetery. 

§ 3. The trustees, or other officers having control of such cemetery, 
shall sell such lands at public sale, to the highest bidder, upon such 
terms as they may determine. 



CITIES. 41 



§ 4. j^otice of the sale of such lands shall be given in the same 
manner as provided in sectioii 2 of this act. 

§ 5. The proceeds of the sale of such lands may be nsed to pay in- 
debtedness of such association, or for purchasing other lands for burial 
purposes, or for ornamenting or improving such cemetery, as the trus- 
tees, or other officers having control of the same, may determine. 

Approved April 15, 1875. 



CITIES. 



APPOINTMENT AND REMOVAL, OF CITY OFFICERS. 

§ 1. Appointment and removal of city officers. I §4. Emersrency. 

§ 2. Approval and veto power of mayor. In force April 10, 167,1. 

§ 3. Passage over mayor's veto. | 

An Act concerning the ap2Jointment and removal of city officers in all cities 
in this State, conferring additional powers and duties upon mayors, and 
concerning appropriation hills or ordinances that may he passed in such 
cities. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Asseonhly, In all cities in this state, the mayors 
thereof shall have power to appoint all city officers (whose election by 
the voters of such city is not provided for by law), by and with the con- 
sent of the city council, (or in case the legislative anthority consists of 
two houses, then by and with the consent of the board of councilmen,) 
by a vote of a majority of all its members authorized by law to be 
elected, to be taken by yeas and nays, and entered upon its records. 
And the mayor shall also have power to remove any officer so appointed, 
whenever, in his opinion, the interests of the city requires such removal; 
he shall report such removal, with his reasons therefor, to the council, 
(or in case the legislative authority consists of two houses, then to the 
board of councilmen,) at its next regular meeting ; and if the council by 
a two-thirds vote shall, (or if the board of councilmen shall by a major- 
ity vote) of all its members authorized by law to be elected, by yeas and 
nays to be entered upon its record, disapprove of such removal, such 
officer shall thereby become restored to the office from which he was so 
removed ; but he shall give new bonds, and take a new oath of office. 
The mayor may appoint any suitable person to discharge the duties of 
the office from which he shall have removed any officer, until his suc- 
cessor is appointed and qualified, or such officer restored to office in the 
manner aforesaid. 

§ 2. All ordinances passed by the city council shall, before they take 
effect, be deposited in the office of the city clerk, and if the mayor ap- 
proves thereof he shall sign the same, and such as he shall not approv^e 
he shall return to the council, with his objections thereto, in wiiting, at 
the next regular meeting of the council, occurring not less than five days 
after the passage thereof. Such veto may extend to any one or more 



42 CITIES. 



items or appropriations contiiined in any ordinance, and in case the veto 
only extends to a part of such ordinance, the residue thereof shall fake 
effect and be in force ; but in case the mayor shall fail to return any or- 
dinance, with his objections thereto, by the time aforesaid, he shall be 
deemed to have approved such ordinance, and the same shall take effect 
accordingly. 

§ 3. Upon the return of any ordinance by the major, the vote by 
which the same was passed shall be reconsidered by the conucil ; and 
if, after such reconsideration, two-thirds of all the members elected to 
the city council shall agree, by yeas and nays, to pass the same, it shall 
go into effect, notwithstanding the mayor may refuse to approve thereof. 
The vote to pass the same over the mayor's veto shall be taken by yeas 
and nays, and entered on the journal. 

§ 4. Whereas, the legislative authorities in many cities pass their 
appropriation bills before the first day of July next, and mayors have 
no i^ower to veto a part ot such appropriation or ordinance, wherefore 
an emergency exists : therefore, this act shall take effect and be in force 
from and after its passage. 

Approved April 10, 1875. 



POLICE AND firemen's RELIEF FUND. 

§ 1. Amend section 1, act 1874 — how fund created. In force July 1, 1875. 

An Act to amend section one of an act entitled ^-An act to provide a fund 
for the relief of memhers of police and fire departments in incorporated 
■ cities, icounded or disabled in tJie discharge of their duties, and for the 
relief of the surviving family of any member of said departments that 
may be Mlled while on duty,''^ cvpproved March 24, 1874, in force July 1, 
1874. 

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 provide a fund for the relief of members of police and fire depart- 
ments in incorporated cities, wounded or disabled in the discharge of 
their duties, and for the relief of the surviving family of 'awj member of 
said departments killed while on duty," approved March 24, 1874, in 
force July 1, 1874, be and the same is hereby amended so that hereafter 
it shall read as follows: 

"The corporate authorities of all cities in this state may provide, by 
ordinance, that all moneys received from fines inflicted upon members 
of the police and fire departments for a violation of the rules or regula- 
tions of the service, and all fines recovered because of conviction for a 
violation of the fire ordinances, and all moneys accruing from the sale 
of un^claimed stolen property, shall be paid into the treasury of the city 
where collected, and kept apart as a fund, to be called the 'Police and 
Firemen's Eelief Fund,' for the benefit of the disabled members of the 
above mentioned departments of such cities." 

Approved April 13, 1875. 



CITIES. 



43 



1. Amend section 2 of act of 1874. 



To be appropiiated for disabled men. 
In force July 1, 1875. 



An Act to amend section two of an act entitled '•'■An act to provide a fund 
for the relief of members of police and fire departments in incorporated 
cities, tcounded or disabled in the discharge of their duties, and for the 
relief of the surviving family of any member of said departments that 
may be hilled while on duty,''^ approved March -J4, 1874 

Section 1. Be it enacted by the People of the State of lUinois, repre- 
sented in the General Assembly, That section 2 of an act entitled "An 
act to provide a iund for the relief of members of police and fire depart- 
ments in incorporated cities, wounded or disabled in the discharge of 
their duties, and for the relief of the surviving famil}- of any member of 
said departments killed while on duty," approved March 24, 1874, in 
force July 1, 1874, be and the same is hereby amended so that hereafter 
it shall read as follows ; 

"§ 2. Whenever anj^ member of either of said departments shall, 
while in the discharge of his duties as a member or officer of such ser- 
vice, suffer wounds, or in any other manner become disabled so as to be 
unfit for further service, the corporate authorities of such city shall ap- 
propriate, out of such fund for his benefit, such an amount or amounts 
of money as to them may seem just and reasonable : Provided, however, 
in all cities where there does now or may hereafter exist a chartered be- 
nevolent society, composed of police or firemen of such city, the corpo- 
rate authorities may annually appropriate to the treasurer of such soci- 
ety its equitable i)ortion of all moneys that may be in the treasury of 
such city to the credit of said fund, to be used for the benefit of its 
members. 

Approved April 15, 1875. 



RE-ORGANIZATION OF CITIES. 



ARTICLE I. 

OEGANIZATION. 
§ 1. How city may adopt this act — Notice of elec- 
tion. 

§ 2. Ballot. 

§ 3. Conducting election — canTassing vote — re- 
turns — result — wheu act may be again 

submitted. 

§ 4. City and wards — limits not changed by adop- 
tion of act. 

§ 5. Court to take notice of re-orjranization — all 
laws not inconsistent with this act to con- 
tinue in force. 

§ 6. Corporate name — powers — provisions of old 

charter saved. 
5 7. Prior ordinances to remain in force iintil, etc. 
§ 8. Eights of old corporation to vest in new. 
§ 9. Certificate of re-organization recorded, etc. 

ARTICLE II. 

THE MUNICIPAL GOVERNMENT. 
§ 1. Officers and agents. 
§ 2. Common council — how composed. 



§ 3. Board of councilors — board of aldermen — 

eligibility. 
§ 4. Eligibility to office. 
§ 5. Oath of office. 
§ 6. Bond of comptroller. 
§ 7. Penalty for not qualifying as councilor or 

alderman. 

§ 8. Mayor's cabinet. 

§ 9. Duties of members of cabinet. ' 

§ 10. Letting contracts. 

§ 11. Limitation oh making contracts, sales, etc- 

§ 12. Calling a cabinet meeting. 

ARTICLE III. 

OFFICERS— THEIR ELECTION 
POINTMENT. 
Elections. 



AND AP- 



Appointment of officers. 

General ticket — term of office — eligibility. 

Term of office of councilors. 

Aldermen elected by wards. 

Minority representation. 



44 



CITIES. 



§ 7. Vacancy in office of councilman or alderman. 

§ 8. Tie vote . 

§ 9. Qualiflcatiou of voters. 

§ 10. Notice of election — voting — canvass of votes 

— contesting election. 
§ 11. How election to fill vacancy conducted — 

city to pay expenses. 
§ 12. Elected for unexpired term. 

ARTICLE IV. 

COMMON COUNCIL. 

1. Two bouses. 

2. President — clerk. 

3. Kules — expulsion — quorum. 

4. Journal. 

5. Meetings. 

6. No compensation. 

7. Ordinance, etc. — how passed — veto. 

8. Where ordinance, etc. must originate— vote 
required. 

§ 9. General powers of council. 

§ 10. Open doors 

§ 11. Yeas and nays — record — vote required. 

§ 12. Keconsideration of vote. 

§ 13. Salaries of officers and employees— removal 
of employees, etc. 

§ 14. Council may prescribe other duties — re- 
quire bom is — police courts. 

§1 13. Limitation of taxing power. 

§ 16. Finance committee — powers transferred. 

ARTICLE V. 

OFFICEKS— MAYOK. 

§ 1. Mayor — term of office. 

§ 2. Who eligible to office of mayor. 

§ 3. Mayor to advise council — duties. 

§ 4. To approve ordinance, etc. — veto. 

§ 5. Special meetings of common council. 

§ 6. Vacancy in office of mayor. 

§ 7. Veto of whole or part of appropriation bill. 

§ 8. Appointment of officers. 

§ 9. Appointment of officers — filling vacancy. 

§ 10. Removal of officer. 

§ 11. Pardon by mayor. 

§ 12. Policemen to attend council meetings. 

CITY COMPTROLLER. 

§ 13. Annual report and estimate. 

§ 14 Monthly statements. 

§ 15. To examine reports, etc. 

§■ 16. To audit accounts. 

§ 17. May administer oaths— further duties in au- 
diting accounts. 



§ 18. To keep record. 

§ 19. To keep money — office— account book. 

§ 20. Warrants — how made. 

§ 21. Separate accounts. 

§ 22. Reports. 

§ 23. Monthly statements — settlements. 

§ 24. Treasurer to give bond. 

THE CITY CLERK. 
§ 25. Duties and powers. 
§ 26. Deputies. 
§ 27. Clerk to keep record, etc. 

THE COUNSEL TO THE CORPORATION AND 
CITY ATTORNEY. 



§28. 
§29. 



Duties of corporation. 
Further duties. 



THE COMMISSIONER OF PUBLIC WORKS. 

§ 30, Duties. 

§ 31. Deputies. 

§32. Bond of commissioners. 

THE COMMISSIONER OF HEALTH. 
Powers. 
Deputies. 
Oaths. 

COMMISSIONER OF POLICE. 
Duties and powers. 
To have control of police force — how police 



§33. 

§34. 
§35. 

§36. 
§37. 

§38. 
§39. 
§40. 
§41. 

§42. 
§ 43. 

§44. 
§45. 

§ 46. 
§47. 

§48. 



§ 1. 



force constituted — removals. 
Recommendations. 
Increase of police force. 
Deputy. 
Oath and bond of police commissioner. 

POLICE CLERKS. 
Mayor to appoint. 
Duties. 

Daily reports — pay over money. 
Penalty. 

FIRE COMMISSIONER. 
Duties and powers. 

Fire marshals — officers to obey commis- 
sioner. 
Commissioner may make rules — ^removals. 

ARTICLE VI. 
MISCELLANEOUS PROVISIONS. 

Duties of officers under old charter con- 
tinued, ets. 

Act of 1S72 rejected, election under this act. 

Act of 1872 not repealed. 
In force July 1, 1875. 



An Act to jyrovide for the re-organization of cities. 
AETICLE I. 

ORaANIZATION. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That any city in this state may re-organ- 
ize under this act, in manner following : Whenever one-eighth of the 
legal voters of any such city shall petition the mayor thereof to submit 



CITIES. 45 



the question as to whetlier sacli city shall become re-organized under 
this act to a vote of the electors in such city, it shall be the duty of 
such mayor to present such petition to the common council of such city, 
at its next regular meeting; and such petition shall contain, opposite 
the sigtiature of each and every signer thereto, his place of residence. 
And it shall be the duty of such common council, within twenty days 
after such petition shall have been presented to its body, to submit, by 
ordinance or resolution, the question as to whether such city shall be- 
come re organized under this act, to a vote of the electors of such city ; 
and said common council shall also, at the same meeting, appoint a 
time, not less than twenty nor more than thirty days after the passage 
of such ordinance or resolution, when such vote shall be taken 5 and it 
shall be the duty of the clerk of such city to forthwith certify and de- 
liver a copy of such ordinance or resolution to the county board of the 
county in which such city is situated, whereupon it shall be the duty of 
said county board to define the election precincts, to designate the place 
or i)laces at which such vote may be taken, and to appoint as many 
judges of such election for each voting place as they may deem neces- 
sary. And it shall be the duty of the county clerk of such county to 
give at least ten days' notice of such election, by publishing a notice 
thereof in one or more newspapers within such city ; but if no news- 
paper is published therein, then by posting at least five copies of such 
notice in each ward. The notices may be substantially as follows : 

"Notice is hereby given that on (here give the date), at (here give the 
place or places at which the vote will be taken), in the city of (give 
name of city), an election will be held, for the purpose of submitthig to 
the voters of said city the question as to whether said city shall become 
re-organized under an act of the general assembly, entitled (here give 
the title of the act), passed (give date of passage), and approved (give 
date of approval), and whether said city will or not adopt a minority 
rei»resentation in the common council, which said election will be opened 
at eight o'clock in the morning, and continue open until seven o'clock 
in the evening of that day." 

§ 2. The manner of voting at such election shall be by ballot, and 
the ballots to be used at such election shall be in the following form : 
"For re-organization under the general law of 1875," and "Against re- 
organization under the general law of 1875." And every such ballot 
shall be printed or written, or partly printed and partly written, upon 
plain white paper. 

§ 3. The manner of conducting and voting at elections held for the 
purpose of determining tlie question as to whether any city shall re- 
organize under this act, and of canvassing the votes, shall be the same 
as required in an election for county officers ; and also, that the judges 
of such election shall make a return of the votes to the common coun- 
cil, whose duty it shall be to canvass such returns, and cause the result 
of such canvass to be entered ui)on the record of such city. If a ma- 
jority of the votes cast at such election shall be for re-organization under 
this act, this act shall take effect and be in force in such city, so far as 
to authorize the election of officers hereunder, as provided for in sec- 
tion 1, article 3, of this act. But the city officers in office at the time 
of the adoption of this act, shall continue to exercise and discharge the 
duties of their respective offices under the charter of such city in force 
prior to such adopti<^'n ; and such charter shall remain in force, except 



46 CITIES. 

as above provided, until the newly elected ofiScers under this act shall 
have qualified and entered upon, their respective duties. If a majority 
of the votes cast at such election shall be against re-organization, then 
and in such cise the question may again be submitted, iu pursuance 
of the provisions of this act ; but such questions shall not be submitted 
oftener than once in two years. 

§ 4. That the corporate limits and jurisdiction of any city which 
shall be organized under this act, and the ward boundaries thereof, as 
established by law, at the time of the adoption of this act, shall not in 
anywise be affected or changed in consequence of such city re-organizing 
under this act; but such limits, jurisdiction and ward boundaries shall 
remain after such change of organization the same as at the time of 
such re-organization under this act, and until changed by lawful au- 
thority. 

§ 5. All courts in this state shall take judicial notice of the re-organi- 
zation of any city under this act, and from the time of such re-organiza- 
tion, the i^rovisions of this act shall govern such city ; but all laws or 
parts of laws not inconsistent with the provisions of this act, and which 
were operative in such city prior to the adoption of this act, shall con- 
tinue in force and be applicable to any such city, the same as if such 
change of organization had not taken place. 

§ 6. ^ny city re-organizing under this act shall be a body politic and 
corjjorate, under the name and style of " City of (name)," and under 
such name may sue and be sued, contract and be contracted with, 
acquire and hold real and personal property for corporate purposes, 
have a common seal and change the same at pleasure, and exercise all 
powers herein conferred 5 and shall not, by such re-organization, be de- 
prived of any of its former corporate powers, functions or rights, nor 
shall any provisions of its charter be thereby repealed or changed, ex- 
cepting so far as the same may be modified by or are inconsistent with 
the provisions of this act. 

§ 7. All ordinances, resolutions and by-laws, in force in any city re- 
organizing under this act, shall continue in full force and effect until 
repealed or amended, notwithstanding such changeof organization; and 
such re-organization shall not be construed to effect a change in the 
legal identity, as a corporation, of such city. 

§ 8. All rights and property of every kind and description which 
were vested in any city under its former organization, shall be deemed 
and held to be vested in such city upon its becoming reorganized under 
the provisions of this act; but no rights or liabilities, either in favor of 
or against such city, existing at the time of so becoming re organized 
under this act, and no suit or prosecution of any kind, shall be affected 
by such change, but the same shall stand and progress as if no change 
had been made: Frovided, that when a different remedy is given by this 
act, which may i)ropeiiy be made aj)plicable to any right existing at 
the time of such re-organization under this act, the same shall be deemed 
cumulative as to the remedies before provided, and used accordingly. 

§ 9. The mayor of any city which may re-organize under this act shall, 
within three months after the election of officers under this act, cause 
to be filed in the office of the recorder of deeds, in the county in which 
such city is located, a certified copy of the entry made upon the records 
of the city of the canvass of the votes, showing the result of such elec- 
tion, whereby such city became so organized, and such recorder of deeds 
shall record the same. And such mayor shall also cause a like certiti- 



CITIES. 47 

cate to be filed in the office of the secretary of state, who shall file the 
same, and keep a registry of cities re-orgauized uuder this act. 

AETICLE 11. 
THE MUNICIPAL GOVERNMENT. 

Section 1. Such city shall have a mayor and a common council, a 
comptroller, a council [counsel] to the corporation, a city attorney, a 
city treasurer, a city clerk, a commissioner of public woi'ks, a commis- 
sioner of police, a tire commissioner, a commissioner of health, onn or 
more police clerks, and such other officers or agents as may be provided 
for in Ibis act, or the common council of said city may, from time to 
time, by ordinance, provide for. 

§ 'Z. The common council shall consist of two separate and distinct 
branches, one of which shall be denomiuated " the board of councilors/' 
and the other " the board of alderman [aldermen.]" 

§ 3, The board of councilors shall consist of fifteen members, who 
shall be elected from the city at large, irrespective of their places of 
residence within said city. The board of aldermen shall consist of three 
members from each and every ward in the city. No person shall be 
eligible to the common council unless he shall be a qualified elector, nor 
if, at the time of his qualification, he shall hold any other city, county, 
state or uational oftice except that of notary public or commissioner of 
deeds 5 nor if he shall have been convicted of bribery or other corrupt 
practices or crimes ; and if, after his election, he shall be convicted of 
any crime, or be appointed or elected to any other city, county, state or 
national oftice, except that of notary ijublic or commissioner of deeds, 
his oftice shall be thereby vacated ; and no person shall be eligible to 
the board of alderman [aldermen] unless he shall have resided in the 
ward for which he is elected at least six months i)rior to his election. 

§ 4. jS^o person shall be elected or api)ointed to any office in suck 
city who is not a citizen of the United States and who shall not have 
resided in this state one year next preceding sucU election or ai)point- 
ment ; and no jjerson shall be ehgible to any oftice or place under this 
or any other act in relation to the city, who is now, or may hereafter be, 
a defaulter to the city, or to the state of Illinois, or any county thereof ; 
and any person shall be considered a defaulter who has refused or neg- 
lected, or who may hereafter refuse or neglect, for thirty days after 
demand made, to account for and pay over to the party authorized to 
receive the same, auj' public money which may have come into his pos- 
session. And if any person holding any such oftice or place shall become 
a defaulter as above defined, whilst in otfice, the olfice or place shall 
thereupon become vacant. 

§ 5. Every ofticer elected or appointed to any office under this act, 
or which may hereafter be created, by ordinance or otherwise, shall, be- 
fore he enters upon the discharge ot his duties, take and subscribe an 
oath or aflirmation that he will support the constitution of the United 
States and the state of Illinois, and will faithfully discharge the duties 
of his olfice according to the best of his abilities; which oath or affirma- 
tion shall be filed in the oftice of the city clerk, excepting the oath or 
affirmation taken by such clerk, which shall be filed in the oftice of the 
mayor. 

§ 6. The comptroller shall, before he enters on the duties of his 
oflice, execute a bond to the city, in such sum and with such sureties as 



4S CITIES. 

the board of councilors shall approve, conditio ued that he will faithfully 
execute the duties of his office, and account for and pay ov^er all moneys 
and other property received by him ; which bond, with the approval of 
said board certified thereon by the clerk, shall be filed with the clerk. 

§ 7. Any j^erson elected to the office of councilor or alderman who 
shall neglect or refuse to qualify within ten days after he shall have 
received notice of his election, shall forfeit and pay to the city where 
he is so elected the sum of one hundred dollars, to be recovered by a 
proper action against him in the name of such city, before any court 
having jurisdiction of such action : Frovided, hotcever, that physical 
disability, or the fact that such person, at the time of his election, shall 
be necessarily absent from the city, in consequence of sickness or busi- 
ness engagements, or shall hold a city, state or federal office, or is in- 
capacitated from holding such office, under section three (3) of article 
two (2) of this act, shall be a sufficient excuse for refusing to qaalify as 
such officer, 

§ 8. That the mayor, together with the following named officers : the 
comptroller, the counsel to the corporation, city attorney, the commis- 
sioner of public works, the commissioner of health, the tire commis- 
sioner and the commissioner of police, shall, for the purpose hereinafter 
named, meet once in each and every week, and shall be known and 
styled " the mayor's cabinet." 

§ 9. It shall be the duty of these officers, at such meetings, to con- 
sult and advise together concerning the affairs of the city, and to offer 
and suggest such measures as, in their opinion, will best promote and 
advance the interests of the city. 

§ 10. Whenever any city officer shall advertise for sealed proposals 
for any i^ublic work or contract of any kind whatsoever, it shall be the 
duty of such officer to take and lay the sealed proposals, as received 
by him, before the mayor's cabinet, for their consideration and approval ; 
and such proposals shall then and there be opened and a public record 
made thereof, and the award, if any be made, shall be made by such 
officer, and shall, in all cases, be made to the lowest responsible bidder, 
whose security for the performance of the contract, in the judgment of 
such officer and a majority of the mayor's cabinet, shall be sufficient to 
insure the perforuiance of the work or contract, according to the stipu- 
lation thereof, respectively : Frovided. that no award nor the letting 
of any public work or contract shall be valid unless such award shall 
be approved by a majority of the mayor's cabinet by a vote taken by 
yeas and nays, of which a public record shall be made : Frovided, that 
no bid shall be considered from any person who has heretofore failed in 
the performance or due execution of any contract he may have been en- 
gaged in with the city. 

§ 11. No officer shall make any contract or agreement of any kind 
whatsoever, in behalf of the city, exceeding the sum or value of five hun- 
dred dollars, without first having obtained the approval of a majority of 
the officers composing such cabinet ; and no sale, purchase, contract or 
agreement shall be made without public advertisement and letting, un- 
less specifically directed by the common council ; and the common council 
shall, by general ordinance, prescribe the mode of such advertisement. 

§ 12. The mayor, or any two members of said cabinet, shall have 
the power to call sessions of said cabinet as often as he or they may 
deem it necessary, at which said meetings the mayor shall preside. 



CITIES. 49 

AETICLE III. 

OFFICERS — THEIR ELECTION AND APPOINTMENT. 

Section 1. The election of city officers, under tliis act, shall beheld 
on the first Tuesday next after the first Monday in November succeed- 
ing the adoption of this act, and biennially thereafter, and the officers 
to be voted for and chosen at such election shall be as follows : a mayor, 
a city treasurer, city attorney, commissioner of health, fifteen members 
of the board of councilors, (except as herein provided), elected from the 
city at large, and three members of the board of aldermen from each 
ward in such city ; and the officers so chosen shall enter upon the duties 
of their respective offices on the first Monday of December succeeding 
their election. 

§ 2. All officers of the municipal government of the city, other than 
those named in the first section of this article, or who may hereafter be 
provided for by ordinance or otherwise, shall be appointed in the man- 
ner hereinafter directed. 

§ 3. The mayor, city treasurer, city attorney, commissioner of health 
and members of the board of councilors shall be elected by the qualified 
voters of the city, upon a general ticket, and the mayor, city attorney, 
commissioner of health and city treasurer shall hold their respective 
offices for the term of two years, beginning on the first Monday of De- 
cember next succeeding their election, and until their successors are 
elected and qualified : Provided, that no person shall be eligible to the 
office of mayor or city treasurer more thau once in four years : And, 
inovided, further, that no member of the mayor's cabinet shall be eligi- 
ble to the office of mayor until two years after he shall have ceased to 
be a member of such mayor's cabinet. 

§ 4. The members of the board of councilors shall, except as hereinafter 
provided, hold their office for the term of four years, beginning on the 
first Monday of December next succeeding their election, and until their 
successors are elected and qualified: Provided, however, that at the first 
meeting of said board its members shall be divided by lot in two classes, in 
such manner as shall be directed by said board, and the first class shall 
be composed of seven members, and the second class of eight members ; 
and those members elected at the first election under this act, composing 
the first class, shall hold their offices for a term of two years, beginning 
on said first Monday of December succeeding their election, and until 
their successors are elected and qualified ; and those members composing 
the second class, shall hold their offices for a term of four years, beginning 
as aforesaid, and until their successors are elected and qualified, and 
thereafter at each biennial election those members of the board of coun- 
cilors shall be elected whose terms of office in pursuance of the above 
classification exi)ire at the time of such election. 

g 5. The members of the board of alderman shall be elected by 
wards, and each of the several wards in the city shall be represented by 
three aldermen in such board, who shall hold their offics efor a term of 
two years, beginning on the first Monday of December, next succeeding 
their election, and until their successors are elected and qualified. 

§ 6. Whenever this act shall be submitted to the lawful electors of 

any city for adoption, there shall be separately submitted at the same 

time, for adoption or rejection, the question of minority representation 

in the common council or legislative authority of such city. At the 

—4 



50 CITIES. 



said election the ballots shall be iu the followiug form : " For minority 
representation," or "Against minority representation." The judges of 
such election shall make returns thereof to the common council, whose 
duty it shall be to canvass such returns, and cause the result of such 
election to be entered on the records of such city. If a majority of the 
votes cast at such election shall be "For minority representation in the 
common council," then, in all elections of members of the common 
council, such meml)ers shall be elected on the minority plan 5 that is, 
in voting for members of the board of councilors, each voter may cast 
as many votes as there ai-e members of such board to be elected at such 
election, and may cast such votes all for one candidate, or distribute 
such votes among the several candidates, as he may choose. And in 
voting for members of the board of aldermen, each voter may cast as 
many votes as there are members of the board of aldermen to be elected 
at that election from his ward, and may distribute such votes among the 
several candidates. And the intention of such voter, iu voting, may 
be expressed on the face of his ballot in the manner provided iu section 
54, chapter 46, entitled "Elections," of the Eevised Statutes of 1874, 
for the election of representatives to the general assembly, except that 
in voting for members of the board of councilors, no fractional votes 
shall be cast. But if at the election for the adoption of this act, a ma- 
jority of the votes cast on the subject shall be "Against minority repre- 
sentation in the common council," then said members of the board of 
councilors shall be elected upon a general ticket from the city at large, 
by a j)lurality vote. And the aldermen in each ward shall be elected in 
each ward by a plurality vote. 

§ 7. If any councilor shall remove from the city, or if any alderman 
shall remove from the ward represented by him, or if any member of 
the common council shall engage or continue in any service, business or 
employment causing a continuous absence from the city for more than 
four mouths, his ofilice shall thereby- become vacant, and whenever any 
vacancy from any cause shall occur in the common council, the common 
council shall, within ten days after such vacancy, order a new election : 
Provided, that more than six mouths of the term shall then remain 
unexpired. 

§ 8. Whenever there shall fail to be an election of any officer voted 
for by the people, in consequence of two or more candidates receiving 
an equal uutnber of votes for the same ofilice, the election shall be de- 
termined by the casting of lots under the direction of and in the pres- 
ence of the board of councilors, and the result shall be entered upon 
the records of said board. 

§ 9. The qualitication of all voters under this act shall be the same 
as now required by law at general elections. 

§ 10. At least live days before the county clerk is or may be required 
by law to give notice of election, the city elerk shall notify the county 
clerk of the county in which such city is situated, [of j the officers to be 
elected for such city at the ensuing election, and upon receiving such 
notice such county clerk shall include the same in the notice required to be 
given under the election laws of the state, and such city officers shall 
be voted for on the same ballots with the county officers then to be 
elected, and the returns of such election shall be made to the county 
clerk with other county officers, and the votes shall be canvassed as is 
provided by law for county elections : Provided, that before proceeding 
to canvass such votes, the county clerk shall notify tbe city clerk to be 



CTTFES. •'il 



present at siicli canvass ; tlie result of whicli eleiition, so far as the city 
officers are concerned, shall, within live days after such canvass, be 
certified to the city clerk, the form of such certificate to be, as nearly as 
may be, as required by law when such county clerk certifies the re- 
sult of elections for state officers. Any person so shown to be elected 
shall, on such certificate, receive from the city clerk a certificate of his 
election : Provided, that the election of any such person may be con- 
tested in the mode and manner provided by the general laws of the state 
for contesting elections, as nearly as may be. 

§ 11. In case of a vacancy in any office, to fill which, under this act, 
an election is to be held, the city clerk shall notify such vacancy to the 
county clerk, and the officer to be elected, and the time fixed for such 
special election, whereupon the county clerk shall call a special election 
to fill such vacancy, which such special election shall be held and the 
return made and the votes canvassed as nearly as may be, as in the 
case of an election to fill a vacancy in a county office, except that the 
city clerk shall be notified to be present at such canvass as provided in 
the next preceding section of this act. The result of such election 
shall be certified to the city clerk and the certificate issued, and the 
election contested (if contested) as provided in the next jirecediug sec- 
tion of this act. The expenses of such special election shall be paid by 
said city. 

§ 12. Every person elected or appointed to fill a vacancy, shall hold 
his office and discharge the duties thereof for the unexpired term, with 
the same right and subject to the same liabilities as the person whose 
office he may be elected or appointed to fill. 

ARTICLE lY. 

COMMON COUNCIL. 

Section 1. The legislative powers of any city reorganizing under 
this act shall be vested in a common council, consisting of a board of 
councilors and a board of aldermen. 

§ 2. Each branch of the common <;ouncil shall elect, annually, from 
among its members, a president of the board, who shall preside over 
their deliberations and appoint all stauding committees; and in the 
absence of the president, a president pro tern, shall preside. The city 
clerk shall act as clerk for each board, and shall have such assistance as 
shall be furnished. 

§ 3. Bach board may determine its own rules of proceeding, and 
prescribe the punishment of its members for non-attendance or disor- 
derly conduct, and enforce the same ; two-thirds of its members concur- 
ring may expel a member for improper conduct while in office. It shall 
require a majority of all the members elect to constitute a quorum for 
the transaction of business ; but a smaller number may adjourn, 
from time to time, and may compel the attendance of absent members. 

§ 4. Each board shall keep a correct journal of its proceedings, and 
publish the same as may be prescribed by ordinance; and all the city 
printing shall be done in conformity with such ordinances as the common 
council shall enact. 

§ 5. The two branches of the common council shall hold their meet- 
ings in separate rooms. They shall assemble on the first Monday in 



52 CITIEg. 



December next after their election, and shall meet regularly thereafter, 
at least once in each week, unless otherwise ordered by ordinance. 

§ 6. • IS"© member of either branch of the common council shall re- 
ceive any compensation whatsoever for his services as such officer. 

§ 7. All legislative powers of any such city shall be vested in the 
common council composed of the board of councilors and board of alder- 
men, to be exercised by concurrent action, each board as hereby consti- 
tuted having a negative vote upon the proceedings of the other, and the 
mayor having a veto power as herein provided ; but no ordinance, reso- 
lution or vote to which the concurrence of said boards is necessary, 
having passed one board, shall befioally acted upon by the other board 
until after a lapse of at least three days from such passage, uuless by 
the unanimous vote of the members of such other board, to be taken by 
yeas and nays and entered upon the record. 

§ 8. All appropriation bills or ordinances, and all ordinances or reso- 
lutions imposing taxes or certifying amounts to be raised by taxation, 
shall originate in the board of aldermen, but the board of councilors 
may propose or concur with amendments as on other bills or ordinances. 
All other ordinances, orders or resolutions may originate in either branch; 
and a majority of all the members in each branch, authorized by law to 
be elected, shall be necessary to pass such other ordinances, order or 
resolution, unless otherwise herein provided. 

§ 9. The common council shall have power to pass all ordinances, 
orders and resolutions necessary and proper to carry out the provisions 
of this act, or any law of the state, special or general, relating to such 
city. 

§ 10. Both branches of the common council shall at all their meetings 
sit with open doors. 

§ 11. The yeas and nays shall be taken upon the passage of all or- 
dinances, joint resolutions and propositions to create any liability against 
the city, or for the expenditure or appropriation of its money and for the 
sale of any city or school property, (and in all other cases at the request 
of any two members), and shall be entered on the record; and a majority 
of all the members elected in each branch shall be necessary to the pas- 
sage of any such ordinance or proposition. 

§ 12. No vote of either branch of the common council shall be recon- 
sidered after the adjournment of the session at which such vote was 
taken, except at the next regular meeting. 

§ 13. The common council shall have the power to fix and establish 
the amount of salary to be paid to any and all city officers, (except 
members of the common council,) and also to firemen and policemen, in 
the annual appropriation ordinance, or by some ordinance jiassed prior 
to the passage ot such annual appropriation ordinance; and the salaries 
or compensation thus fixed and established or allowed, and the payment 
of which is so provided for, shall neither be increased nor diminished 
during the term of such officer, except in the case of those firemen and 
policemen who are appointed during good behavior, and whose compen- 
sation having been at any time fixed, shall not, during the period of one 
year thereafter, be increased or diminished : Provided^ however^ that the 
salaries of the employees shall be fixed by the officers or commissioners 
by whom they are employed, except as herein otherwise provided : And, 
'provided, furtJier, that the aggregate salaries of the employees shall not 
exceed the aggregate amount appropriated by the common council for 



CITIES. 53 



such purpose : And, iirovided, further, that no officer elected or appointed 
shall receive, as salary or compensation, a greater sum than $o,000 per 
year. And such officers or coiumissiouers, excei)t where liercin other- 
wise specifically provided, shall have power to appoint and remove, at 
their pleasure, all the emploj'ees and appointees of their respective de- 
partments. 

§ 14. The common council shall have power by ordinance, from time 
to time, to require other and further duties to be performed by any offi- 
cer of the city than those herein prescribed, not inconsistent with this 
act; and to provide for the giving of a bond by any person appointed 
to any office in such city (whose bond is not herein si)ecitically provided 
for), for the faithful performance of the duties of such office : such bonds 
to be in such amount and to be apj)roved in such manner as such ordi- 
nance shall prescribe. The common council shall have power to pro- 
vide for and to fix places for the holding of one or more police courts in 
the city ; and the mayor may, with the approval of the board of coun- 
cilors, designate from among the justices of the peace in such city one 
or more to act as police justices to hold court at such designated places. 

§ 15. The common council of any city organized under this act shall 
not have power to levy a tax exceeding one and one-half (1^) per cent, 
per annum upon the assessed value of the property in said city, for all 
purposes : Provided, however, that this restriction shall not be construed 
to prevent the levying of special assessments, or to take away any pow- 
ers vested in such city, by its former charter, to provide for special and 
unforeseen emergencies. 

§ 16. That whenever, by the charter of any city which may be or- 
ganized under this act, in force at the time of such organization, any 
special powers are conferred ui^on the finance committee of the common 
council or city council of such city, or any duties are imposed upon such 
committee, in such case all such powers and duties shall devolve upon 
the finance committee of the board of aldermen under this act; and 
whenever by such former charter the examination of reports, the ad- 
justment of accounts and approval, sanction of or consent to loans, and 
the signing of certificates or other evidence of indebtedness, are pro- 
vided to be done by the finance committee of the common council, the 
same shall, under this act, be done by the finance committee of the board 
of aldermen. 

AETIOLB V. 

OFFICERS — MAYOE. 

Section 1. The chief executive officer of any city re-organizing un- 
der this act, shall be styled the mayor, who shall be elected for two 
years and until his successor has been elected and qualified, as herein- 
before provided. 

§ 2. No j)erson shall be eligible to the office of mayor who is not at 
least thirty years of age, and who has not been a bona fide resident of 
the city at least three years preceding his election, or who at the time 
of his qualification holds any other public office. 

§ 3. The mayor shall, at least once in each year, give to the common 
council information, in writing, of the state of the corporation, and such 
other information as the said council may need; and may recommend 
to the council such measures as he may deem expedient. He shall have 



54 CITIES. 

a general supervision of all the officers of the city, and see that the pro- 
visions of this act and all laws and ordinances relating to such city are 
enforced. 

§ 4. Every order, ordinance, or resolution, passed by the common 
council, shall be approved by the mayor before it shall take effect 5 and 
every vote for the payment of money or creating or affecting any lia- 
bility for or against such city before it shall take effect shall also be ap- 
proved by the mayor. If he disapprove it, he shall, with his objections 
in writing, return the ordinance, resolution, order or vote, vetoed, with- 
in five days after its passage, to the city clerk, who shall present it to 
the board in which it originated, at its next regular meeting, and if 
passed by that board over the mayor's veto, it shall be sent to the other 
board for its action thereon; but each board concurring, by a two- 
thirds majority vote of all its members authorized to be elected, shall 
be necessary to pass the same over the mayor's veto : Provided, however, 
if the mayor fails to return any order, ordinance or resolution, as afore- 
said, he shall be deemed to have approved the same, and it shall take 
efft^ct and become a law without further action of the council, 

§ 5. The mayor alone shall have power to call special sessions of the 
common council, whenever in his judgment he may deem it necessary ; 
and such meeting shall be called by a notice to each of the members of 
said council, served personally, or left at his usual place of abode, and 
when so called he shall state in the call the object for which they are to 
be convened, but no business shall be transacted at such sjiecial meet- 
ing other than that for which such meeting was called. 

§ 6. When any vacancy shall occur in the office of mayor, from any 
cause whatsoever, such vacancy shall be filled by a new election, to be 
called by order of the common council, within ten days after the hap- 
pening of such vacancy : Provided, six months or more of the term of 
office shall then remain unexpired ; if less than six months of the term 
shall remain unexpired, the i3resideut of the board of councilors shall 
thereui^on become acting mayor for the unexpired portion of said term. 

§ 7. In case the mayor shall be unable to perform the duties of his 
office by reason of absence or sickness, he may, by writing signed by 
him and filed with the city clerk, appoint the president of the board of 
councilors to discharge the duties of mayor, and upon such appoint- 
ment, the said president of the board of councilors shall be vested with 
all the powers and perform all the duties of mayor until the mayor 
shall resume his office, or until the vacancy shall be filled by anew elec- 
tion. 

§ 8. It shall and may be lawful for the mayor of the city, whenever 
an} annual appropriation bill or oidinance providing for the municipal 
expenditures is submitted to him for approval or disapproval, to veto 
any one or more items or appropriations contained in such bill or ordi- 
nance, or to veto or approve the entire bill or ordinance. If he shall 
veto only a part of such bill or ordinance and approve the remainder, 
the part approved shall be as valid as if the whole ordinance had been 
approved ; and he shall report to such legislative authority his reasons 
for vetoing the part of the ordinance vetoed, and the same proceedings 
shall be had, as to the items or parts vetoed, as is by law i)rovided to 
be had when there is a veto of the bill or ordinance as a whole. 

§ 9. All officers of the city who are not herein required to be elected 
by the people, or whose apj)ointment is not herein otherwise provided 



CITIES. •>•> 

for, sliall be noraiiiated, and by and with the consent of a majority of 
the board of councilors, appointed by the mayor at the first meeting' of 
said board succeeding each biennial election, or as soon thereafter as 
may be, and the officers so appointed! shall bold their offices for two 
years, unless sooner removed, and until their successors are appointed 
and qualified ; and in case of a vacancy occurring in any such office, 
then an appointment may, in like manner, be made by tlie mayor to fill 
such vacancy, and the person so appointed shall hold the office until the 
expiration of the original term. 

^ 10. The mayor shall have power to remove (subject to the disaj)- 
proval thereof by the board of councilors, as herein provided,) any offi- 
cer of the city appointed by himself, or by any prior mayor thereof, 
whenever he shall be of opinion that the interests of the city demand 
such removal; but when he shall so remove any such officer, he shall 
communicate in writing his reasons for such removal to the board of 
councilors at their next regular meeting following such removal ; and if 
two-thirds of all the members elected to said board shall, at that meet- 
ing or at the next regular meeting, by a vote taken by yeas and nays 
and entered on the record, disapprove of such removal, then such re- 
moval shall be of no force and effect; but it is heieby provided, that 
such removal, until disapproved by the said board of councilors, shall 
Avork a suspension from office of the officer so removed, and the mayor 
may appoint a suitable person to perform the duties of the officer re- 
moved, during such suspension, and may take bonds from said apj^ointee 
for the faithful performance of his duties while holding such office. 

§ 11. The mayor shall have power to release or pardon any person 
couA'icted of any violation of any city ordinance, and in cases where 
a fine is imposed ami has not been paid, he may remit the whole or any 
part thereof. 

§ 12. The mayor shall order a detail of one or more ])olicemen to at- 
tend upon each board of common council, when in session, and execute 
their lawful orders. 

CITY COMPTROLLER. 

§ 13. The city comptroller shall exercise all powers and perform all 
the duties conferred and prescribed in the charter of any city re-organ- 
ized under this act at the time of the adoption of this act by such city, 
and shall report annually, on or about the first day of April, to the com- 
mon council, a statement, in detail, of the expenses of the city during 
the preceding year, and likewise a detailed estimate of the revenue ne- 
cessary to be raised for the ensuing year ; and the fiscal year of the city 
shall commence on the first day of April. He shall, in said report, class 
the different objects and branches of said city expenditure, giving, as 
nearly as may be, the amount required for each ; and for this purpose 
he is authorized to require of all city officers and heads of de]iartments 
their statements of the condition and exi^enses of their resi)ective de- 
partments and offices, with any proposed improvement and the probable 
expense thereof, of contracts already made and unfinished, and the 
amount of any unexpended appropriations of the preceding year. He 
shall also, in such report, show the aggregate income of the preceding 
fiscal year from all sources; the amount of liabilities outstanding upon 
which interest is to be paid, and of bonds and city debts payable during 
the year, when due and where payable, so that the common council may 



56 CITIES. 



fully understand the money exigeacies and demands of the city for the 
current year. 

§ 14. In addition to the other duties of the comptroller of said city, 
it is hereby made his duty, on or before the tenth day of each and every 
month, to make out a monthly statement, giving a full and detailed 
statement of all moneys received and from what sources, and on what 
account received, and of all moneys ordered to be paid or drawn for by 
warrant by him, and on what account the same hsve been paid, for the 
month preceding that in which such statement is made; and the said 
comptroller shall cause the said monthly statement to be delivered to 
each branch of the common council at their next regular meeting, and 
to be printed and published in such manner as the common council shall 
direct. 

§ 15. He shall examine the reports, books, papers, vouchers and ac- 
counts of the treasurer, and shall perform such other duties as are pre- 
scribed in this act, and as the common council may, from time to time, 
direct. 

§ 16. All claims and demands against the city, before they are al- 
lowed by the common council, shall be audited and adjusted by the 
comptroller, and immediately after the allowance by the common coun- 
cil of any claim or account, it shall be the duty of the clerk to furnish 
to the comptroller a complete list of the same, and, before any warrants 
shall be issued therefor, it shall be the duty of the comptroller to coun- 
tersign the same. 

§ 17. The comptroller shall be authorized to administer oaths and 
affirmations in all matters arising under the laws and ordinances of the 
city ; and he may require all parties having claims or accounts against 
the city or either of the wards, to verify the same by affidavit. In all 
cases of doubt arising under any claim or contract against or with the 
city, he shall inquire into the same; and for this purpose he may exam- 
ine parties and others under oath. And if any person shall swear or 
affirm falsely, touching the expenditure of any of the money of the city, 
or in support of any claim against the said city, such person shall be 
subject to indictment on information, and on conviction thereof shall be 
punished as for willful and corrupt perjury. 

§ 18. The com])troller shall keep a record of all his acts and doings, 
which record shall be open to the inspection of all parties interested. 
He shall not be directly or indirectly interested in any contract or job 
to which the city is a party. 

THE CITY TEEASURER. 

§ 19. The city treasurer shall receive all moneys belonging to the 
city, and shall keep his office in some place, to be designated by the 
cou)mon council, appropriated to the keei)ing of such office, in the treas- 
ury department. He shall keep his books and accounts in such man- 
ner as the city comptroller or common council may prescribe, and such 
books and accounts shall be always subject to the inspection of said 
comptroller and the finance committee. 

§ 20. All warrants drawn upon the treasurer must be signed by the 
comptroller and countersigned by the mayor, stating there n the par- 
ticular fund or appioi)riation to which the same is chargeable and the 
person to whom payable ; and no money shall be otherwise paid than 
upon such warrants so drawn. 



CITIES. 57 



§ 21. He shall keep a separate account of each fund or approinia- 
tion, and the debts and credits belonjfing thereto. 

§ 22. Ue shall give every person paj'ing money into the city treasury 
a duplicate receipt therefor, specifying the date of payment, upon what 
account paid ; and he shall also tile co{)ie8 of such receii)ts with the 
city comptroller at the date of his monthly reports. 

§ 23. The treasurer shall, at the end of each and every month, and 
oftener if required, render an account to the comptroller, under oath, 
showing the state of the treasury at the date of such account, and the 
balance of moneys in the treasury, and where such moneys are kept. 
He shall also accompany such sworn account with a statement of all 
moneys received into the treasury and on what account, together with 
all warrants redeemed and paid by him, which said warrants, with any 
and all other vouchers held by him, shall be delivered over to the comp- 
troller and filed with his said account in the comptroller's office upon 
every day of such settlement. He shall return all warrants paid by him 
stamped or marked "paid," and shall give a list of said warrants, stat- 
ing the number and amount of each. 

§ 24. The treasurer, before entering upon the duties of such office, 
shall give bond with sureties to the amount of not less than two hun- 
dred thousand dollars, and the amount of his bond may be increased to 
such sum as may be fixed by the common council ; said bond to be ap- 
proved by the common council and filed in the clerk's office, and entered 
on record. He shall also be sworn the same as other officers, to the 
faithful discharge of the duties of his office. 

THE CITY CLERK. 

§ 25. The clerk shall keep the corporate seal, and make a record of 
the proceedings of the common council, at whose meetings it shall be 
his duty to attend ; and copies of all papers duly filed in his office, 
and transcripts from the records of the i^roceedings of the common 
council, certified by him under the corporate seal, shall be evidence in 
all courts, in like manner as if the originals were produced. He shall 
also have power to administer any oath authorized to be taken by the 
laws of this state. 

§ 26. The city clerk shall be authorized to appoint one or more dep- 
uties, subject, however, to the approval of the common council. Such 
deputies, after confirmation by the council, and after taking the oath 
required to be taken by the clerk, may, in case of the sickness or ab- 
sence of the clerk, perform all the duties imposed by law, or any ordi- 
nance of the city, on said clerk, and shall likewise be subject to the 
same liabilities and penalties. 

§ 27. The clerk shall record all orders and ordinances passed by the 
common council, in a proper book or books, with proper indexes ; and 
transcripts from such books, certified by him under the corporate seal, 
shall be evidence in all courts and places, in like manner as if the 
originals were produced. 

THE COUNSEL TO THE COEPOHATION, AND CITY ATTORNEY. 

§ 28. The counsel to the corporation, and the city attorney, shall 
devote themselves exclusively to the duties of their respective offices, 
and shall have their offices in such place as shall be i^rovided by the 
common council. l!f either of said officers shall be employed in any other 



58 CITIES. 



business than that which relates to the duties of their offices respec- 
tively, during the term for which they were chosen. 

§ 29. The counsel to the corporation shall be the chief officer of the 
law department of the city. He shall, with the city attorney, conduct 
all the law business of the corporation and of the departments thereof, 
and all other law business in which the city shall be interested, when 
so ordered by the corporation. Said officers shall hold their office in 
such place as the city shall provide, and, when required, shall furnish 
written opinions upon subjects submitted to them by the mayor or com- 
mon council, or any other department of the municipal government. 
They shall keep a docket of all the cases to which the city may be a 
party in any court of recorrl, in which shall be briefly entered all steps 
taken in each cause, and which shall, at all times, be open to the in- 
spection of the mayor, comptroller, or any committee of the common 
council. 

THE COMMISSIONER OF PUBLIC WORKS. 

§ 30. It shall be the duty of the commissioner of public works to take 
the special charge and su})erintendence, subject to such general ordi- 
nances as ma,y be lawfully established by the common council, of all 
streets, alleys, lanes or highways in the city, and of all walks and cross- 
walks in the same, and of all bi'idges, docks, wharves, public places, 
public landings and public grounds and j^arks in said city, and of all 
markets, market places and market houses, engine houses, hospitals 
armories and other public buihlings in the city, belonging to the city, 
except school houses, and of the erection of all public buildings ; to pro- 
cure the necessary plans and specifications for the same, and of all lamps 
and lights for the lighting of the streets, alleys, lanes, highways, bridges, 
parks, public i^laces and public buildings of the city, and of the erection 
and repair of such lamps and lights; of all works for the widening, 
deepening or dredging of any river in such city, or of its branches; of 
all sewers and the works pertaining thereto ; of the water works of said 
city ; of all public improvements hereafter to be commenced by the city ; 
and he shall perform all the duties by this act prescribed, and such other 
duties as the common council may prescribe by ordinance: Provided^ 
hoivever, that nothing herein contained shall be construed to confer any 
power or control upon such commissioner over any })ublic park or parks, 
the government and control whereof is vested by law in any board or 
boards of park commissioners. 

§ 31. The commissioner of public works may appoint one or more 
deputies, for whose acts he shall be responsible ; and such other assist- 
ants as may be provided bylaw. 

§ 32. Said commissioner shall, before entering upon the discharge of 
his duties, give bond to the city in such sum as the common couniiil 
shall prescribe, with sureties to the satisfaction of the mayor and boaid 
of councilors, which bond shall be conditioned for the faithful discharge 
of his duties as such commissioner, and that he will well and truly pay 
over any and all money, and surrender any and all property, books and 
papers which may come into his hands as such commissioner, on the 
expiration of his term of office, or when required to do so by the common 
council. , 



CITIES. 59 



THE COMMISSIONER OF HEALTH. 

§ 33. Said commissioner of health may, subject to all jjeneral ordi- 
nances of such city, make such rules and regulations as he may deem 
advisable, in harmony with the provisions and objects of this act, and 
all acts, (the object of which is to promote and preserve the health, 
safety and sanitary condition of the city,) now existing or that may 
hereafter be passed, not inconsistent with the constitution or laws of 
this state, and enforce the same. 

§ 34. Said commissioner may appoint one or more deputies, for 
whose acts he shall be responsible, and such other assistants as may be 
provided by law. 

§ 35. Said commissioner, before entering upon the duties of his office, 
shall take the oath prescribed herein, and shall also give a bond to the 
said city, in such sum as the common council shall prescribe, conditioned 
for the faithful performance of his <luties as such commissioner of health 
under the provisions of thiis act, said bond to be approved by the board 
of councilors, and filed with his oath of office in the office of the city 
clerk. 

COMMISSIONER OF POLICE. 

§ 36. It shall be the duty of the commissioner of police to assume 
and exercise the entire control of the police force of such city; and he 
is hereby invested with full power and authority over the police organi- 
zation, government, appointment and discipline within such city. 

§ 37. The duties of the police force shall be executed under the direc 
tion and control of said commissioner, and according to rules and regu- 
lations, which he is hereby authorized to make from time to time, for 
the more proi)er government and discipline of his subordinate officers 
and the police force of said city. The said force shall consist of said 
commissiuner of ])olice, one deputy commissioner of police, three or more 
captains of police, sergeants of police, and as many police patrolmen as 
may be authorized by the common council, on the ap]»licatiou of the po- 
lice commissioner, and each patrolman so appointed shall hold office 
only during such time as he shall faithfully observe and execute all the 
rules and regulations of said commissioner and the laws of the state, 
and the ordinances of the city : Provided, that the said commissioner 
may at any time remove said deputy, or any other member of the police 
force, and make the necessary appointments to fill such vacancy; but 
such commissioner shall not remove any such deputy or other member 
of such police force, except for incompetency, neglect of duty, or other 
cause affecting his fitness to discharge the duties of such office, and such 
commissioner shall, w ithin ten days after such removal, report in writing 
to the common council the name or names of the person or persons so 
removed, and the reason for such removal. 

§ 38. The commissioner of police, in his annual estimate of police 
expenses made to the city comptroller, shall, if in his judgment the 
public weal requires it, recommend to the common council such addi- 
tional police patrolmen, and also such additional sergeants as may be 
necessary. 

§ 39. The common council may, on such recommendation of said 
commissioner, provide by ordinance for such increase of patrol force : 
Provided, however, it shall require three-fourths of all the members 



60 CITIES. 



elect of each branch of the council authorized by law to be elected, to 
I)ass such ordinance. 

§ 40. Said commissioner of police may appoint a deputy, for whose 
acts he shall be responsible, and such other assistants as may be pro- 
vided by law. 

§ 41. Before entering upon the duties of his office, said commissioner 
shall take an oath as prescribed herein, shall also give a bond to said 
city in such sum as the common council shall i:)rescribe, with sureties to 
the satisfaction of the board of councilors, conditioned for the faithful 
discharge and performance of his duties as such commissioner, and that 
he will well and truly account for, and pay over, any and all moneys, 
and surrender any and all property, books and papei-s, which may come 
into his hands as such commissioner, on the expiration or other termina- 
tion of his term of office. 

POLICE CLERKS. 

§ 42. It shall be the duty of the mayor to appoint, as hereinbefore 
provided, one or more police clerks. 

§ 43. Such clerk shall attend the police court to which he is assigned 
by such appointment, and he shall keep a full, detailed and complete 
account, on hi-s docket, of all cases and persons arrested and brought 
before such police court ; how tried and disposed of; the number of cases 
disposed of; the cases in which moneys have been collected, and the 
cases in which money is to be collected ; the amount of all forfeitures, 
l^enalties and fines assessed, or the punishment fixed in each case, with 
the fees and costs accrued and accruing thereon ; and on behalf of said 
city to collect and receive from the justices of such police court all such 
fees, flues, penalties and forfeitures, and the proceeds of all judgments 
and executions, and all moneys whatever accruing, or to be paid in for 
the use of the city, from the enforcement of any of the laws thereof, and 
forthwith to pay over the same to the treasurer of the city. 

§ 44. The said police clerk shall, at the close of everv day, make a 
written report to the comptroller, containing the name and number of 
each case disposed of during the day, in which the city is a^ party, and 
its final disposition; the names of all witnesses in each case to whom 
certificates for witness fees have been issued, with the amount of each 
fee; and also the amount of all such fines, penalties and forfeitures as 
he may have collected during said day. He shall also specify in his said 
report the number of cases pending, the number of cases in which any 
fine, forfeiture or penalty has been inflicted, and the amount thereof, and 
also the amount of moneys outstanding to be collected in such cases, 
and the state of each case respectively, and, upon making each and every 
statement, he shall verify the same by oath taken before some competent 
officer, that such statement is a full, fair and complete statement of all 
the moneys received and collected by him during said day, and of all 
matter required by law to be embraced in said report. He shall also 
pay over to the city treasurer, at the close of every day, all moneys re- 
ceived and collected by him as such clerk, and shall file his receipt there- 
for with the said comptroller. 

§ 45. In case of the failure of such clerk to make such report and 
pay over said moneys daily, as herein required, a notice shall be served 
on him by the comptroller that within three days he is required to make 
such returns and pay over all moneys received, and in case of the failure 



CITIES. 61 



of said clerk to pay over said moneys and make such report to the sat- 
isfaction of said comptroller, he shall be suspended and removed from 
otlice by the mayor, with the concurrence of the board of councilors, as 
hereinbefore provided for the removal of officers. 

FIRE COMMISSIONER. 

§ 46. It shall be the duty of the fire commissioner, subject to all 
general ordinances of such city, to assume and exercise tbe entire con- 
trol of the fire department of the city, and be shall possess full power 
and authority over its property and equipments, organization, govern- 
ment, appointments and discipline within the city. 

§ 47. He shall have power to appoint one or more fire marshals and 
assistant fire marshals, and as many competent and respectable citizens, 
to be known as the fire police, as may be authorized by the common 
council. He shall promulgate all regulations and orders relating to the 
fire department, and it shall be the duty of all subordinate officers and 
the tire police to respect and obey said commissioner as the head and 
chief of the department. 

§ 48. Said commissioner shall have power to make all the rules and 
regulations necessary for the government and discipline of said fire de- 
department, and to remove or suspend at will any member of said depart- 
ment whenever in his judgment the interests of the department requires 
such suspension or removal, and every such order of suspension or re- 
moval shall be final and conclusive. But such commissioner shall not 
remove any member of said department except for incompetency, neglect 
of duty or other cause affecting his fitness to perform the duties of such 
office 5 and such commissioner shall, within ten days after such removal, 
report in writing to the common council the name or names of the per- 
son or persons so removed and the reasons for such removal. 

AETICLE YI. 

MISCELLANEOUS PROVISIONS. 

Section 1. Whenever any city in the state shall reorganize under 
this act, in the manner and form as herein provided, and whenever, by 
the former charter or ordinances of such city, or both, the duties of any 
officer named in this act shall have been prescribed and defined, every 
such officer shall do and perform all and singular the duties as prescribed 
and defined in such former charter and ordinances of such city except 
as otherwise i^rovided in this act, and subject to the limitations and re- 
strictions contained in such charterer ordinances; and whenever, under 
the old organization of such city, any duties were to be performed, or 
any powers were to be exercised by any board or officers of such city, 
not inconsistent with the provisions of this act, and provision is not 
fully made in this act for some officer or officers to discharge such duties 
and exercise such powers, the mayor may designate what officer or offi- 
cers respectively provided for in this act, shall perform such duties, or 
exercise such powers, until such duties and powers respectively shall be 
assigned by ordinance to some officer or officers under the new organi- 
zation. 

§ 2. When the legislative authority of any city, prior to the passage 
of this act, has appointed a time after April 1, 1875, and prior to the 



62 CITTES^AND YILLAGEg. 



taking effect of this act, for liolding au election to determine the ques- 
tion as to whether such city shall become organized under the act of the 
general assembly, entitled " An act for the incorporation of cities and 
villages," and approved April iO, 1872, and when at such election such 
question shall have been determined against such organization, there 
shall be held in such city on the tenth day of August, A. D. 1875, an 
election, at which shall be submitted to the voters of said city the ques- 
tion whether such city shall re organize under this act, and that without 
further petition from the voters. 

§ 3. JSTothing in this act contained shall repeal or in anywise modify 
the provisions of an act approved April 10, 1872, entitled "An act to 
provide for the incorporation of cities and villages," but this and that 
act shall each be in force as a general law, and any city may organize 
or re-organize, as provided in either, at the will of the voters. 

Approved April 8, 1875. 



CITIES a:n^d villages. 



§ 1. Amend section 10 articles, general act — Jurisdiction over waters — Street labor. In force 

July 1, 1875. 

An Act to amend section ten (^10^), of article Jive (5 J, of ^'■An axit to pro- 
vide for the incorporation of cities and villageSj''^ approved April 10, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section 10, of article 5, of said act, 
be amended so as to read as follows, viz : 

"§ 10. The city or village government shall have jurisfliction upon 
all waters within or bordering on the same, to the extent of three miles 
Ueyond the limits of the city or village, but not to exceed the limits of 
the state ; and may, by ordinance, require every able bodied male in- 
habitant of such city or village, abovp the age of twenty-one years and 
under the age of fifty years, (excepting paupers, idiots, lunatics, and 
such others as are exempt by law,) to labor on the streets and alleys of 
such city or village, not more than three days in each year, but such 
ordinance shall provide for commutation of such labor at not more than 
one dollar and fifty cents per day," 

Approved April 10, 1875. 



CITIES AND VILLAGES. 



63 



SIDEWALKS. 



§ 1. Sidewalks by taxatiou. 

§ 2. What ordinauce may provide. 

§ 3. In case of default to construct sidewalk. 

§ 4. Special tax — duty of clerk — report. 



§ 5. 



General officer to obtain Judgmeot — by 

what law governed. 
When constructed by owner, may obtain 

order. 

lu force July 1, 1875. 



An Act to provide additional means for the construction of sidewalks in 
cities^ towns and villages. 

Section 1. Be it enacted by the People of the State of Illinois^ repre- 
sented in the General Assembly, That in addition to the mode now au- 
thoiized by law, any city or incorporated town or village may by ordi- 
uance provide for the construction of sidewalks therein, or along' or 
upon any street or part of street therein, and may, by such ordinance, 
provide for the payment of the whole or any part of the cost thereof by 
special taxation of the lot, lots or parcels of land touching upon the 
line where any such sidewalk is ordered, and such special taxatiou may 
be either by a levy on any lot of the whole, or any part of the cost of 
making any such sidewalk in front of such lot or parcel of land, or by 
levying the whole or any part of the cost upon each of the lots or par- 
cels of land touching upon the line of such sidewalk, I'^'o rata, upon each 
of said lots or parcels, according to their respective values — the values 
to be determined by the last precerlirtg assessment thereof for the pur- 
pose of state and county taxation ; or the whole or any part of the cost 
thereof may be levied upon such lots or parcels of land in i^roportion to 
their frontage upon such sidewalks, or in proportion to their superficial 
area, as may be provided by the ordinance ordering the laying down of 
such sidewalk ; and iu cast^ such ordinauce «hall only require the pay- 
ment of a part of the cost of such sidewalk to be paid by a special tax 
as aforesaid, then the residue of such cost shall be paid out of any fund 
of such city, town or village raised by general taxatiou upon the prop- 
erty thereof, and not otherwise appropriated. 

§ 2. Said ordinance shall deiiue the location of such proposed side- 
walk with reasonable certainty, shall prescribe its width, the materials 
of which it shall be constructed, and the manner of its construction, 
and may provide that the materials and construction shall be under 
the supervision of, and subject to the approval of some officer or board 
of officers of such city, town or village, to be designated in said ordi- 
nance. Said ordinance shall be published as required by law for other or- 
dinances of said city, town or village, aud may require all owners of lots or 
parcels of land touching the line of said proposed sidewalk, to construct 
a sidewalk in front of their respective lots or parcels in accordance with 
the specifications of said ordinance, within thirty days after such publi- 
cation, and in default thereof, said materials to be furnished aud side- 
walk to be constructed by said city, town or village, and the cost, or 
such part thereof as may be fixed iu said ordinance, may be collected 
from the respective owners of said lots or parcels of laud as hereinafter 
provided. 

§ 3. In case of the default of any lot owner or owners to construct the 
sidewalks, as required by ordinance., and the same shall be constructed 
by the city, town or village, the cost thereof, or such part of the cost 
thereof as may have been fixed by said ordinance, may be recovered of 



64 CITIES AND VILLAGES. 



the owners so in default, by an action of debt in the name of the city, 
town or village, against sucli owners respectively, in any court of com- 
petent jurisdiction, or upon the completion of the work by such city, 
town or village. Such ordinance may provide that a bill of the cost of 
such sidewalk, showing in separate items the cost of grading, materials, 
laying down and supervision, shall be filed in the office of the clerk of 
such city, town or village, certified to by the officer or board designated 
by said ordinance to take charge of the construction of such sidewalk, 
together with a list of the lots or parcels of land touching upon the line 
of said sidewalk, the names of the owners thereof, and the frontage, 
superficial area, or assessed value as aforesaid, according as said ordi- 
nance may provide for the levy of said cost by frontage, superficial 
area or assessed value ; whereupon said clerk shall proceed to prepare 
a special tax list agaiust said lots or parcels, and the owners thereof, 
ascertaining by computation the amount of special tax to be charged 
against each of said lots or parcels and the owners thereof, on ac- 
count of the construction of said sidewalk, according to the rule 
fixed for the levy of such special tax by said ordinance, which special 
tax list shall be filed in the office of said clerk ; and said clerk shall 
thereupon issue warrants directed to such officer as may be designated 
in such ordinance, for the collection of the amount of special tax so as- 
certained and appearing from said special tax list to be due from the 
respective owners of the lots or jjarcels of land touching upon the line 
of said sidewalk ; and such officer shall proceed to collect such warrants 
in the same manner as constables are authorized to collect executions, 
and make return thereof, together with the moneys collected, to the 
clerk of such city, town or village, within sixty days from the date of 
their issue ; and in case any such warrant shall be returned, as to the 
whole or any x^art thereof, "no property found," other warrants may 
issue, and proceedings by garnishment may be resorted to as in cases 
of garnishment in aid of collection of judgments at law, and all moneys 
so collected and paid over to said clerk, shall be, by him, immediately 
paid over to the treasurer of said city, town or village. 

§ 4. Upon tue failure to collect such special tax as heretofore provi- 
ded in this act, it shall be the duty of said clerk, within such time as 
said ordinance may provide, to make report of all such special tax, in 
writing, to such general officer of the county as may be authorized by 
law to apply for judgment against, and sell lands for taxes due the 
county or state, of all the lots or parcels of land upon which such special 
tax shall be so unpaid, with the names of the respective owners thereof, 
so far as the same are known to said clerk, and the amount due and un- 
paid upon each tract, together with a copy of the ordinance ordering the 
construction of said sidewalk, which report shall be accompanied by the 
oath of the clerk that the list is a correct return of the lots and parcels 
of land on which the special tax levied by authority of said city, 
town or village, for the cost or partial cost (as the case may be) of 
the sidewalk in said ordinance specified, remains due and unpaid, and 
that the amounts therein stated as due and unpaid have not been col- 
lected, nor any part thereof. Said reports, when so made, shall be 
prima facie evidence that all the forms and requirements of the law in 
relation to making such return have been complied with, and that the 
special tax as mentioned in said report, is due and unpaid. 

§ 5. When said general officer shall receive the aforesaid report, he 
shall at once proceed to obtain judgaieut against said lots or parcels of 



CORPORATIONS. Go 



land for said special tax remaining due and unpaid, in the same manner 
as may be jjrovided by law for obtaining judgment agaiust lands for 
taxes due and unpaid the county and state, and shall in the same man- 
ner proceed to sell the same for the said special tax due and unpaid. In 
obtaining said judgment and making said sale, the said officer shall be 
governed by the general revenue laws of the state, except when other- 
wise provided herein, ajid said general laws shall also be applicable to 
the execution of certificates of sale, and deeds thereon, and the force 
and effect of such sales and deeds 5 and all other laws in relation 
to the enforcement and collection of taxes, and redemption from tax 
sales, shall be applicable to proceedings to collect such special tax, ex- 
cept as herein otherwise provided. 

§ 6. Whenever payment of the costs of any such sidewalk is required 
to be made in part by special tax, and in part out of the general fund 
of such city, town or village, and the owner of any such lot or parcel of 
land shall construct such sidewalk in accordance with the ordinance pro- 
viding fur its construction, such owner siiall file with the clerk of such 
city, town or village, an itemized statement of the cost of such sidewalk 
so constructed by him, verified by affidavit, together with a certificate 
of the officer or board directed by such ordinance to superintend the 
construction thereof, that such sidewalk has been constructed and fully 
completed by such owner in accordance with such ordinance, and the 
council of such city, town or village shall thereupon, at its first meeting 
thereafter, allow and order to be issued to such owner an order on the 
treasurer of such city, town or village, for the cost of the construction of 
such sidewalk, less the amount of special tax chargeable to the lot or 
parcel of land of such owner on the line of which such sidewalk has 
been so constructed. 

Approved April 15, 1875. 



corpoeatio:n^s. 



FOREIGN CORPORATIONS. 



5 1. May loan money — take security on real es- I In force July 1, 1875 

tate in Illinois, and acquire title thereto. | 

An Act to enable corporations in other states and countries to (end money 
in Illinois, to enforce their securities and acquire title to real estate as 
security. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That any corporation formed under the 
laws of any other state or country, and authorized by its charter to in- 
vest or loan money, may invest or loan money in this state. And any 
such corporation that may have invested or lent money, as aforesaid, 
may have the same rights and powers for the recovery thereof, subject 
to the same penalties for usury, as private persons, citizens of this state ; 

—5 



C^UUiNXiiiiO. 



and when a sale is made under any judgment, decree or power in a 
mortgage or deed, such corporation may purchase, in its corporate name, 
the property offered for sale, and become vested with the title wherever 
a natural person might do so in like cases : Provided, lioivever, that all 
real estate so purchased by any such corporation, in satisfaction of any 
such liability or indebtedness, shall be oiiered at public auction, at least 
once every year, at the door of the court house of the county wherein 
the same may be situated, or on the premises so to be sold, after giving 
notice thereof for at least four consecutive weeks, in some newspaper of 
general circulation, published in said county ; and if there be no such 
newspaper published therein, then iu the nearest adjacent county where 
such newspaper is published ; and said real estate shall be sold when- 
ever the price offered for it is not less than the claim of such corpora- 
tion, including all interest, cost and other expenses : And, jjrovided, fur- 
ther, that in case such corporation shall not, within such period of hve 
years, sell such lands, either at public or private sale, as aforesaid, it 
shall be the duty of the state's attorney to proceed by information iu 
the name of the People of the State of Illinois, against such cori)ora- 
tion, in the circuit court of the county within which such land, so neg- 
lected to be sold, shall be situated, and such court shall have jurisdic- 
tion to hear and determine the fact, and to order the sale of such land 
or real estate, at such time and place, subject to such rules as the court 
shall establish. The court shall tax, as the fees of the state's attorney, 
such sum as shall be reasonable j and the proceeds of such sale, after 
deducting the said fees and costs of proceedings, shall be paid over" to 
such corporation : And, provided, further, that nothing in this act con- 
tained shall be so construed as to confer banking powers or privileges 
upon any such corporation. 
Approved April 9, 1875. 



COUNTIES. 



SITES FOR COUNTY BUILDINGS. 

§ 1. Purchase a site for coiu't house. I § 3. Condemnation — damages, to wliom paid* 

§2. When land owned by board of education. I § 4. Emergency. In force Marcli 2, 1875. ' 

An Act entitled '•'-An act concerning sites for coimty buildings, ^^ 

Section 1. Be it enacted hy the People of the State of I llinois, repre- 
sented in the General Assembly, In all cases where property, sought by 
the county board of any county in this state to be appropriated for 
ground whereon to erect a court house or other county building or build- 
ings, or to be used in connection therewith, shall consist of land which 
has been conveyed hy the county to any city, and is owned or held by 
any city for the use of the inhabitants thereof for a public square, such 
city may, for such consideration as may be agreed upon between such city 
and county board, convey such land to such county in fee, and therebj^ 



COUNTIES. 67 



the entire interest of such city and the inhabitants thereof, in the prem- 
ises so conveyed, shall be divested out of sucli city and the inhabitants 
thereof, and shall become the absolute property of such county, and \he 
consideration therefor shall be paid by such county board to such city, 
to be used and applied by the city to the ]jurcliase or improvement, or 
both, of a i)ublic square or squares, or like public grounds for the use 
of the inhabitants of such city. 

§ 2, That in all cases where land, beiug a part of land granted by the 
United States to any county, for the establishment of a seat of ju.stice, 
is sought by the county board to be appropriated for any such county 
jjurposes as mentioned in the preceding section, and is owned by any 
board of education for public school purposes, such board of education 
may, for such consideration as may be agreed upon between such board 
of education and county board, convey such land to such county, and 
the consideration shall be paid by the county board to the board of edu- 
cation, and shall become a part of the public school funds thereof. 

§ 3. In all cases where any land held or owned by any city for the use 
of the inhabitants thereof, for a public square, sball be condemned, 
under the laws of this state relating to eminent domain, to be used for 
ground whereon to erect any court house or other county buihling or 
buildings, or to be used in connection therewith, the damages assessed 
therefor shall be paid to such city, to be used and a^jplied for the pur- 
chase or improvement, or both, of a ijublic square or squares, or like 
public grounds in such city for the use of the inhabitants thereof: and 
if land so condemned shall be the property of any board of education 
for public school purposes, the damages assessed therefor shall be paid 
to such board of education and become a part of the public school lund 
thereof: Provided, however, that none of the jDrovisions of this act shall 
apply to counties or cities having more than one hundred thousand in- 
habitants, or to counties of less than fifty thousand inhabitants: And, 
provided, further, that nothing in this act contained shall in any wise 
operate to affect or repeal an act entitled "An act to create and organ- 
ize the counties therein named," approved January 15, 1831 ; or author- 
ize a change of site or location of the public buildings as fixed or loca- 
ted by or under the last named act. 

§ 4. Whereas, the court house of Adams county has been recently 
destroyed by fire, and it is necessary that the county board of said 
county shall proceed without delay to procure a proper site for the erec- 
tion of a new court house; and whereas, the i^rovisious of this act are 
necessary to enable said county board to act to the best advantage in 
selecting and procuring a site for said new court house, whereby an 
emergency exists that this act shall take effect without delay, therefore 
this act shall take effect aud be in force from and after its iiassage. 

ApproV-ED March 2, 1875. 



68 COUNTIES. 



COUNTY, CITY, TOWNSHIP, ETC., EMPROYEMENT AID BONDS. 

§ 1. Amend sec. 1, act 1872 — new bonds for old indebtedness. In force July 1, 1875. 

An Act to amend an act entitled '•'•An act to enable counties, cities, town- 
ships, school districts and other municipal corporations to talce up and 
cancel outstanding bonds and other evidences of indebtedness^ and fund 
the same,^'' approved and in force March 26, 1872, 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section 1 of the aforesaid act be 
amended so as to read as follows : 

" § 1. That in all cases where any county, city, town, township school 
district, or other muuicipal corporation, have issued bonds or other evi- 
dences of indebtedness for money, on account of any subscription to 
the capital stock of any railroad company, or on account of, or in aid of 
any public buildings or other public improvement, or for any other pur- 
poses which are now binding or subsisting legal obligations against any 
county, city, town, township, school district or other municipal corpora- 
tions, and remaining outstanding, and which are properly authorized 
by law, the proper authorities of any such county, city, town, township, 
school district or other municipal corporations may, upon the surrender 
of any such bonds, or other evidences of indebtedness, or any number 
thereof, issue in place or in lieu thereof to the holders or owners of the 
same, new bonds or other evidences of indebtedness^ in such form, for 
such amount, upon such time, not exceeding the term of twenty years, 
and drawing such rate of interest, not exceeding ten per cent., as may be 
agreed upon with such holders or owners ; and such new bonds or other 
evidences of indebtedness, so issued, shall show on their face that they 
are issued under this act : Provided, that the issue of such new bonds 
in lieu of such indebtedness shall first be authorized by a vote of a ma- 
jority of the legal voters of such county, city, town, township, school 
district or other municipal corporation, voting either at some annual or 
special election of such municipal corporation : And, provided, further ^ 
that such bonds, or other evidences of indebtedness, shall not be issued 
so as to increase the aggregate indebtedness of such municipal corpora- 
tion beyond five per centum on the value of the taxable property there- 
in — to be ascertained by the last assessmenc for state and county taxes, 
prior to the issuing of such bonds or other evidences of indebtedness. 
Kothing contained in this act, or in the act to which this is an amend- 
ment, shall be held to repeal or in anywise aft'ect the power of the city 
of Chicago to issue new bonds to an amount sufficient to retire and sat- 
isfy maturing bonds of said city, conferred by section 38 of an act of 
the general assembly, approved February 13, 1863, amending the char- 
ter of said city." 

Approved April 14, 1875. 



COUNTY COURT. 



COUNTY COUET. 



TRIAL OF RIGHT OF PROPERTY. 



sM. 


Proceedings for. 


§ 8. 


Trial by jury. 


§2. 


Trial in county court. 


§ 9. 


Subpeuas for witnesses. 


§3. 


Notice. 


§10. 


Judgment— exempt property- 


?<■ 


Service of notice— continuance. 


§11. 


Appeal — bond — trial de novo. 


§5. 


Notice by publication. 


§ 13. 


Judgment —indemnity. 


§6. 


Entering appearance. 


§13. 


Apportionment of costs — fees. 


^7. 


Trial— pleadings— j ury. 




In force July 1, 1875. 



-costs. 



An Act providing for the trial of the right of property and claims of ex- 
emption in the county court. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That whenever an execution or writ of 
attachment, issued from any court of record, shall be levied by any 
sheriff or coroner upon any personal property, and such property shall be 
claimed by any person other than the defendant in such execution or 
attachment, or shall be claimed by the defendant in execution or attach- 
ment as exempt from execution or attachment by virtue of the exemp- 
tion laws of the state, by giving to the sheriff or coroner notice, in writ- 
ing, of his claim, and intention to prosecute the same, it shall be the 
duty of such sheriff or coroner to notify the judge of the county court of 
such claim. 

§ 2. The judge of the county court shall thereupon cause the proceed- 
ing to be entered on the docket of the county court, and the claimant 
shall be made plaintiff in the proceeding before the county court, and 
the plaintiff" in the execution or attachment shall be made defendant in 
such proceedings. 

§ 3- The clerk of the county court shall thereupon issue a notice, di- 
rected to the plaintiff in the execution or attachment, notifying him of 
such claim, and of the time and place of trial, which time shall be not 
more than ten days nor less than five days from the date of such notice. 

§ 4. Such notice shall be served by the sheriff or coroner of any 
county where the plaintiff" in execution or attachment may be found, in 
like manner as summonses in chancery are served, at least five days be- 
fore the day of trial; and if such notice shall be served less than five 
days before the day of trial, the trial shall, on demand of either party, 
be continued for a period not exceeding ten days. 

§ 5. In case the sheriff" or coroner shall make return on such notice 
that the plaintiff in the execution or attachment cannot be found, the 
proceeding shall be continued for a period not exceeding ninety daj's, 
and the plaintiff' in the execution or attachment shall be notified of such 
proceeding by publication, in like manner as non-resident defendants 
are notified in chancery cases. 

§ 6. If the plaintiff" in the execution or attachment, or his attorney, 
shall, at least five days before the day of trial, file with the clerk of the 
county court a paper, entering his appearance in such proceeding, then 
it shall not be necessary to notify such plaintiff' as above provided. 



70 COUNTY COURT. 



§ 7. The trial shall be had without written pleadiugs, before the 
county judge, in the same manner as other trials before the county court, 
and may be by a jury if either party demand one. 

§ 8. If a jury shall be demanded by either party, the judge shall di- 
rect the county clerk to issue a venire for twelve competent jurors, un- 
less the parties to such proceeding shall elect to have the same tried by 
six jurors, and deliver the same to the sheriff or coroner, who shall sum- 
mon such jurors from the body of the couuty, to be and appear before 
such court at the time set for the return of such venire ', and if, by rea- 
son of non-attendance, challenge or otherwise, said jury shall not be full, 
the panel may be filled by talesmen. Said court shall have the same 
power to compel the attendance of jurors and witnesses as the circuit 
court has, and shall be governed by the same rules in impaneling a 
jary. 

§ 9. The county clerk shall issue subpenas for witnesses on the de- 
mand of either party. 

§ 10, In case the property shall appear to belong to the claimant, 
when the claimant is any person other than the defendant in execution 
or attachment, or in case the property shall be found to be exempt from 
execution or attachment, when the claimant is the defendant in the 
execution or attachment, judgment shall be entered against the plaintiff 
in the execution or attachment for the costs, and the property levied on 
shall be released. If it shall appear that the property does not belong 
to the claimant, or is not exempt from execution or attachment, as the 
case may be, judgment shall be entered against the claimant for costs, 
and on jan] qpder shall be made that the sheriff or coroner proceed to 
sell the property levied on. 

§ 11, An appeal may be taken to the circuit court, as in other cases : 
Provided, the same is prayed on the day of the entering of judgment, 
and the bond shall be given within five days from the time of entering 
judgment, and the trial in the circuit court shall be de novo. 

§ 11^. The judgment in such cases shall be a complete indemnity to 
the sheriff or coroner in selling or restoring any such property, as the 
case may be. 

§ 13. If the judgment shall be for the claimant as to part of the pro- 
perry, and for the plaintiff in execution or attachment as to part, then 
the court shall apportion the costs in his discretion ; and the sheriff", 
coroner and county clerk shall have the same fees as are allowed by law 
for similar services. 

Approved April 9, 1875, 



COUNTY COURTS. 



71 



COUNTY COURTS. 

LAW TERMS. 

§ 1. Amend section 37, 39, 92, act of 1874. In force July 1, 1875. 

An Act to amend an act entitled "J.7t act to extend the jurisdiction of 
covnty courts^ and to provide for the practice thereof to fix the time for 
holding the same, and to repeal an act therein named,^^ approved March 
26, 1874, in force July 1, 1874. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, Tli.at sections 37, 39 and 92 of said act be 
amended so as to read as follows : 

§ 37. Falton in October. 

§ 39. Greene in December and June. 

§ 92. Schuyler in February. 

Approved March 25, 1875. 



§ 1. Amend section 38, act of 1874. In force July 1, 1875. 

An Act to amend an act entitled "Aii act to extend the jurisdiction of 
county courts, and. to provide for the practice thereof to fix the time for 
holding the same, and to repeal an act therein named." 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That section (38) thirty-eight of an act 
entitled "An act to extend the jurisdiction of county courts, and to pro- 
vide for the practice thereof, to fix the time for holding the same, and 
to repeal an act therein named," be and the same is hereby so amended 
as to read as follows : 

"§ 38. Gallatin in January, March and September." 

Approved April 15, 1875. 



§ 1. Amend section 63, act of 1874. | § 2. Emergency. In force March 27, 1875. 

AN Act to amend an act entitled '-'■An act to extend the jurisdiction of 
county courts and to provide for the practice thereof, to fix the time for 
holding the same, and to repeal an act therein named," approved March 
26, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section sixty-three (63) of "An act 
to extend the jurisdiction of county courts and to provide for the prac- 
tice thereof, to fix the time for holding the same, and to repeal an act 
therein named," be and the same is hereby amended so as to read as 
follows : 

"§ 63. McDonough, in June and December." 



73 COUNTY COURTS. 



§ 2. In consequence of the inconvenience to the inhabitants of said 
county, and the parties litigant in said court, in having the September 
term of said county court, as heretofore fixed by law, commencing only 
two weeks before the September term of the circuit court in said county, 
an emergency and necessity exists for this act to take effect and be in 
force before the first day of July next, therefore this act shall take effect 
and be in force from and after its passage. 

Approved March 27, 1875. 



§ 1. Amend sections 70, 86, 109, act of 1874. In force July 1, 1875. 

An Act to amend sections seventy flOJ, eighty-six fSGJ, and one hundred 
and nine flOdJ of an act entitled "Aw act to extend the jtirisdiction of 
county courts^ and to provide for the practice thereof to fix the time for 
holding the same, and to repeal an act therein named,^^ approved March 
26, 1874. 

Section 1. Be it enacted, hy the People of the State of Illinois, repre- 
sented in the General Assembly, That section seventy (70), eighty-six (86) 
and one hundred and nine (109) of an act entitled "An act to extend 
the jurisdiction of countj' courts, and to provide for the practice thereof, 
to fix the time of holding the same, and to appeal an act therein named," 
approved March 26, 1874, be amended so as to read as follows : 

"§ 70. Marshall, in January." 

"§ 86. Putnam, in October!" 

"§ 109. Woodford, in August." 
• Approved April 13, 1875. 



§ 1. Amend section 74, act of 1874. In force July 1, 1875. 

An Act to amend, section seventy four of an act entitled "Am act to eX' 
tend the jurisdiction of county courts, and to provide for the practice 
thereof to fix a time for holding the same, and to repeal an act therein 
named,''' approved March 26, 1874, in force July 1, 1874. 

Section 1. Be it enacted dy the People of the State of Illinois, repre- 
sented in the General Assembly, That section seventy -four of an act enti- 
tled "An act to extend the jurisdiction of county courts, and to provide 
for the j)ractice thereof, to fix the time for holding the same, and to re- 
peal an act therein named," approved March 26, 1874, in force July 1, 
1874, be and the same is amended so as to read as follows, to- wit : 

"§ 74. Mercer, in January and July." 

Approved March 25, 1875. 



COUNTY COURTS. 73 



§ 1. Amend section 83, act of 1874. In force July 1, 1675. 

An Act to amend section 83 of an act entitled '•'■An act to extend the 
jurisdiction of county courts^ and to ])fovide for the practice thereof to 
fix the time for holding the same, and to repeal an act therein named,^ 
approved March 2G, 1874. 

Section 1. Be it enacted hy the People of the State of Illinois^ repre- 
sented in the General Assembly, Tliat section 83 of "An act to extend the 
jurisdiction of county courts, and to provide for the practice thereof, to 
fix the time for holding the same, and to repeal an act therein named," 
approved March 20, 1874, be and the same is hereby amended so as to 
read as follows : 

"§ 83. Pike, in January and August." 

ApproVed March 29, 1875. 



§ 1. Amend section 91, act of 1874. In force July 1, 1875. 

An Act to amend section ninety-one of an act entitled '•'■An act to extend 
the jurisdiction of county courts, and provide to for the practice thereof 
to fix the time for holding the same, and to repeal an act therein named^'' 
approved March 26, 1874, in force July 1, 1874. 

Section 1. Be it enacted iy the People of the State of Illinois, repre- 
sented in the General Assembly, That section ninety-one of an act entitled 
"An act to extend the jurisdiction of county courts, and to provide 
for the practice thereof, to fix the time for holding the same, and to re- 
peal an act therein named," approved March 26, 1874, in force July 1, 
1874, be amended so as to read as follows, to- wit : 

"The law terms of the county court of Saline county shall commence 
on the second Mondays in the months of February and August." 

Approved March 29, 1875. 



§ 1. Amend section 91J, act of 1874. In force Jnly 1, 1875. 

An Act to amend section ninety one and one-half fdl^J, of an act entitled 
^'•An act to extend the jurisdiction of county courts, and to provide for 
the practice thereof, to fix the time for holding the same, and to repeal 
an act therein named,^'' approved March 26, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section ninety-one and one-half 
(01^), of an act entitled "An act to extend the jurisdiction of county 
courts, and to provide for the practice thereof, to fix the time for hold- 
ing the same, and to repeal an act therein named," approved March 26, 
1874, be amended so as to read as follows : 

" Sangamon in April, Jnly and December." 

Approved April 6, 1875. 



COURTS OF RECORD — SUPERIOR. 



COUETS OF EECOED. 

PRACTICE IN COURTS OF RECORD. 

§ 1. Amend section 25, act of 187-2 — Continuance or amendment. In force July 1, 1875. 

An Act to amend section tiventy-five of an act entitled '•^An act in regard 
to ])racticG in Gouy^ts 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 twenty-five of the above en- 
titled act be amended so as to read as follows, to-wit: 

'•ISTo amendment shall be cause for coutinnauce unless .the party 
affected thereby, or his agent or attorney, shall make aiSdavit that in 
consequence thereof he is unprepared to proceed to or with the trial of 
the cause at that term, stating in such affidavit what particular fact or 
facts the j^arty expects to prove by such evidence, and that he verily 
believes that if the cause is continued he will be able to procure the 
same by the next term of the court : Provided, that if the court is satis- 
fied that such evidence would not be material on the trial of the cause, 
or if the other party will admit the affidavit in evidence, subject to the 
effect given to affidavits for a continuance in this chapter, the cause 
shall not be continued." 

Approved April 15, 1875. 



COTJET— SUPEEIOE. 



SUPERIOR COURT OF COOK COUNTY. 

§ 1. Additional judges. I § 2. Election — when to 1)8 held. 

I In force July 1, 1875. 

An Act providing for an increase in the number of judges of the Superior 

Court of GooTt county. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That for every fifty thousand inhabitants 
over and above a population of four hundred thousand in the county of 
Cook, there shall be added one judge to the suj)erior court of Cook 
county, until said court shall be composed of nine judges. 

§ 2. It shall be the duty of the governor of this state, whenever he 
ascertains from the census of this state, or of the United States, that 
the conuty of Cook is entitled to one or more additional judges, as pro- 
vided in section twenty-three, article YI, of the constitution of this 
state, to issue a writ for the election of one judge for every fifty thou- 
sand inhabitants above a population of four hundred thousand in said 
county ; and such election shall take place on Tuesday next after the 
first Monday of ISTovember, A. D. 1875, unless the said writ of election 
is issued after that date, in which event the governor shall designate 
the day when such election shall be held. 

Approved April 15, 1875. 



CRIMINAL CODE — DOWER. 75 



CRIMINAL CODE. 

CHANGE OF VENUE. 

§ L Amend division 7, act of 1874, by adding section 12J. In force July 1, 1875. 

An Act to amend division seven (1) of the act entitled "Aw act to revise 
the laiv in relation to criminal jurisjyrudence,^'' approved March 157, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That division seven (7) of said act be 
ameuded, by iuserting in said division, after section 12, an additional 
section, to be numbered section 12^, as follows, to-wit: 

"§ 12^. Any person arrested on any criminal charge, and taken be- 
fore any justice of the peace for examination, may, previous to the com- 
meiicement of any such examination, make oath that it is his belief that 
said justice is so prejudiced against him that he cannot have a fair and 
impartial investigation before said justice, whereupon it shall be the 
duty of the justice immediately to transmit all the papers connected 
with or belonging to such examination to the nearest justice of the peace 
in the same county, Avho is not of kin to the defendant, sick, absent 
from town, or interested in the event of the investigation, as counsel or 
otherwise, who shall proceed as if the suit had been instituted before 
him: Provided, that the officer having the defendant in charge shall 
hold him in his custody until the complaint shall be heard and disposed 
of by the justice to whom the papers shall be sent as aforesaid : And, 
provided, further, that distance, as contemplated in this section, shall 
mean to be by the nearest traveled route." 

Approved April 2, 1875. 



DOWER. 

ASSIGNMENT OF AND HOMESTEAD. 

§ 1. Amend section 44, act of 1874, entitled Dower. In force July 1, 1875. 

An Act to amend section forty-four f4c4:J of an act entitled ^^An act to 
revise the laic in relation to doicer,''^ approved March 4, 1874. 

Section 1. Be it enacted by the People of the State of I llinois, repre- 
sented in the General Assembly, That section forty-four (44) of an act en- 
titled "An act to revise the law in relation to dower," approved March 
4, 1874, be amended to read as follows : 

"§ 44. Whenever application is made to a county court for leave to 
sell real estate of a deceased person for the payment of debts, or for the 
sale of real estate of any ward, as authorized by law, and it appears 
that there is a dower and homestead, or either, interest in the land 
sought to be sold, such court may in the same proceeding, on the peti- 



76 DRAINAGE. 



tion of the executor, administrator, guardian or conservator, or of the 
person entitled to dower and homestead, or either, therein, cause the 
dower and homestead, or either, to be assigned, and shall have the same 
power and may take like proceedings therefor as hereinbefore provided 
for assignment of dower." 
Appkoved March 29, 1875. 



DRAINAGE. 



DRAINS, DITCHES, LEVEES, ETC. 



1. Amend section 1, 2, 3, 5, act of 1871. 
Sec. 1. Petition. 
" 2. Notice of application. 
" 3. Proceedings on receipt of petition. 



Sec. 5. Contesting petition — Appointment of 
Commissioners — Costs . 
In force July 1, 1875. 



An Act to amend sections one flj, two f2J, three fSJ and Jive f5J of an 
act entitled '•'-An act to provide for the construction and protection of 
drains, ditches, levees and other worJcs,''^ approved April 24:th, 1 871. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That section one (1), two (2), three (3) 
and five (5) of an act entitled "An act to provide for the construction 
and protection of drains, ditches, levees and other works," approved 
April 24:th, 1871, be and hereby are amended to read as follows: 

"§ 1. That whenever one or more owners or occupants of lands shall 
desire to construct a drain or drains, ditch or ditches, across the lands 
of others, for agricultural or sanitary purposes, such person or persons, 
in counties under township organization, may file a petition with the clerk 
of the town board of auditors, or, in counties not under township organi- 
zation, with the clerk of the county court of the county in which such drain 
or drains, ditch or ditches, shall be proposed to be constructed, setting 
forth the necessity of the same, with a description of its or their i^ro- 
posed starting point, route and terminus ; and if it shall be deemed ne- 
cessary for the drainage of the land of such petitioners that a levee or 
other work be constructed, the petitioners shall so state, and set forth a 
general description of the same, as proposed, and may pray for a hear- 
ing by such board as to the utility and necessity of such work. 

"§ 2. When a petition has been filed, as provided in the preceding 
section, the petitioners shall cause at least two weeks' notice to be given, 
by posting notices in three of the most public places in such township 
or county through which the drain or drains, ditch or ditches, levee or 
or other work is or are proposed to be constructed, and by publishing 
a copy thereof in some newspaper published in the county in which the 
petition is filed, at least once in each week for two successive weeks, 
or if no newspaper is published in such county, then in the nearest 
newspaper published in the state. Such notice shall state when and 
before what board such petition is filed, the starting point, route and 
terminus of the proposed drain or drains, ditch or ditches or levees, and 



ELEVATED WAYS AND CONVEYORS. 77 



if a levee or other work is intended to be constructed in connection 
tlierewitli, shall so state. 

"§ 3. On the receipt of such petition by the clerk of the town board, 
or, in counties not under township organization, by the clerk of the 
county board, he shall forthwith give notice to the members of such 
board of the filing of such petition, and that a meeting will be held on 
a certain day, not later than sixty days after the filing of such petition, 
to consider the prayer of the petitioners; and such clerk shall publish in 
the three most public places in such township or county, a notice of the 
filing of such petition aud the day fixed for a hearing on the same before 
such board, aud the hearing maybe adjourned from time to time, or the 
case continued for want of sufficient notice, or other good cause, at the 
discretion of such town or county board." 

"§ 5. On the hearing of any petition filed under the provisions of 
this act, all parties through or upon whose land any of the proposed 
work may be constructed, or whose land may be damaged or bene- 
fited thereby, may appear and contest the necessity or utility of the pro- 
posed work, or any part thereof, and the contestants and petitioners 
may offer any competent evidence thereto. If it shall appear to the 
board that the proposed drain or drains, ditch or ditches, levee or other 
work is or are necessary, or will be useful for the drainage of the land 
proposed to be drained thereby for agricultural and sanitary purposes, 
the board shall so find, and shall file a petition in the name of the town 
board of auditors of such town, in counties under township organization, 
and in the name of the county board in counties not under township or- 
ganization, in the county court of the county in which such town is sit- 
uated, reciting the petition of said petitioners and their finding thereon, 
and pray that the cost of such improvement may be assessed as pre- 
scribed by law, and that three competent persons be appointed as com- 
missioners to lay out and construct such work ; and upon the filing of 
such petition the court shall appoint such commissioners. The petition- 
ers shall pay the costs of all hearings before the town board, such board 
to receive the same compensation as allowed by law for other town busi- 
ness." 

Approved April 15, 1875. 



ELEVATED WAYS AND 0ONVBYOES» 



FOE OPERATING ELEVATED WAYS AND CONVEYORS. 



§ 1. Articles of incorporation. 

§ 2. Eight of way — how obtained. 

^ 3. May take material — compensation. 



§ 4. Capital stock — increase of. 
§ 5. Powers of — restrictions. 
In force July 1, 1875. 



An Act in regard to elevated ways and conveyors. 

Section 1. Be it enacted 'by the People of the State of Illinois, repre- 
sented in the General Assembly, Any company which has been or shall be 
incorporated under the general laws of this state for the purpose of con- 



78 ELEVATED WAYS AND CONVBYOES. 



structing-, maintaining and operating any elevated way or conveyor, 
shall state in its articles of incorporation the places from and to which 
it is intended to construct the proposed elevated way or conveyor. And 
any such company may organize and become incorporated under the 
provisions of chapter (32) thirty-two of the Revised Statutes of 1674, 
concerniug corporations for pecuniary profit, and shall be subject to the 
provisions of the laws of this state applicable to such corporations. 

§ 2. If any such corporation shall be unable to agree with the owner 
for the i)urchase of any real estate required for the purposes of its incor- 
poration or tJie transaction of its business, or for its depots, station 
buildings, engine houses, or for right of way, or any other lawful pur- 
pose connected with or necessary to the construction, maintenance and 
operation of said elevated way or conveyor, such corporation may ac- 
quire such title in the manner that may be now or hereafter x>rovided 
for by any law of eminent domain. 

§ 3. Any such corporation may, by their agents and employees, en- 
ter upon and take from any land adjacent to its way, or road, or con- 
veyor, earth, gravel, stone or other material, except fuel and wood, ne- 
cessary for the construction of such elevated way, paying, if the owner 
of such land and the said corporation can agree thereto, the value of 
such material taken, and the amount of damage occasioned to any such 
land or its appurtenances ; and if such owner and corporation cannot 
agree, then the value of such material and the damage occasioned to 
such real estate shall be ascertained, determined and paid in the man- 
ner that may now or hereafter be provided by any law of eminent do- 
main ; but the value of such material, and the damages to such real es- 
tate, shall be ascertained, determined and paid for before such corpora- 
tion can enter upon and take the same. 

§ 4. In case the capital stock of any such corporation shall be found 
insufficient for constructing and operating its elevated way or conveyor, 
such corporation may, with the concurrence of two-thirds, in value, of 
all its stock, increase its capital stock, from time to time, to any amount 
required for the purpose aforesaid. 

§ 5. Every corporation formed under this act shall, in addition to 
the powers hereinbefore conferred have power — 

First — To cause such examination and survey for its proposed eleva- 
ted way to be made as may be necessary to the selection of the most ad- 
vantageous route ; and for this purpose, by its officers, agents or ser- 
vants, may enter upon the lands or waters of any person or corporation, 
but subject to responsibilitj' for all damages which shall be occasioned 
thereby. 

Second — To lay out a strip of land, not exceeding sixty-six feet in 
witltb, on which to construct, maiutain and operate said elevated way or 
conveyor ; and for the purpose of cuttings and embankments, to take as 
much more land as may be necessary for the proper coustructiou and 
security of the elevated way; to cut down any standing trees that may 
be in danger of falling upon and injuring such way, making compensa- 
tion therefor in manner provided by law. 

Third — To construct its way across, along or upon any stream of wa- 
ter, water-course, street, highway, plank road, turnpike, canal or rail- 
road, which the route of such elevated way shall intersect or touch ; but 
such corporation shall restore the stream, water- course, street, highway 



i'JjilUS AJNU iSAI^AKlKB. 



plank road, turnpike and railroad thus intersected or touched, to its for- 
mer state, or to such state as not unnecessarily to have impaired its 
usefulness, and keep such crossing in repair: Provided, that in no case 
shall any company construct its way without first constructing the ne- 
cessary culverts and sluices as the natural lay of the land recpiires for 
the necessary drainage thereof. 

Nothing in this act contained shall he construed to authorize the erec- 
tion of any bridge, or ixi\y other obstruction, across or over any stream 
navigated by steamboats, at the place where any bridge or otiier ob- 
structions may be proposed to be placed, so as to prevent the naviga- 
tion of such stream 5 nor to authorize the construction of any elevated 
way or conveyor upon or across any street in any city, or incorporated 
town or village, without the assen-t of the corporation of such city, town 
or village: Frovidid, that in case of the construction of said elevated 
w^aj' or conveyor along highways, plank roads, turnpikes, canals or 
railroads, such company shall either first obtain the consent of the law- 
ful authorities having control or jurisdiction of the same, or condemn 
the same under the provisions of any eminent domain law now or here- 
after in force in the state. 

Approved April 7, 1875. 



FEES AND SALAEIES. 

FEES OF CLERKS OF THE SUPREME COURT. 

§1. Amend section 12, act of 1872. 

An Act to amend section twelve (12) of an act entitled '-'•An act con- 
cerningfees and salaries, and to classify the several counties of the State, 
with reference thereto,''^ approved March 29, 1872, title as amended hi/ act 
approved March 28, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section twelve of an act entitled 
"•An act concerning fees and salaries, and to classify the several coun- 
ties of the state with reference thereto," approved March 29, 1872, title 
as amended by act approved March 28, 1874, be and hereby is so 
amended as to read as follows : 

"§ 12. Fees of Clerks of Supreme Court. — The fees of clerks of 
the supreme court, for any services to'be rendered by them, shall be as 
follows : 

For administering each affidavit, with certificate, fifteen cents. 

For entering an attorney on the roll, administering oath and certifying 
the same, with seal, one dollar. 

For eacli official certificate and seal, other than to process of court, 
filty cents. 

For each official certificate without seal, other than to affidavits or 
oaths, twenty cents. 

For talking and filing bonds, fifty cents. 

For coi>y of a record or other pai)er8 in his office, for each one hun- 
dred words, fifteen cents. 



»0 FISCAL YEAR. 



For copy of a bill of costs, when requested by either party, twenty- 
five cents. 

For making a complete record, when directed by either party, for each 
one hundred words, twenty cents. 

For putting any cause on the docket, fifteen cents. 

For entering each rule or order of the court, except an order of con- 
tinuance, twenty -five cents. 

For entering each continuance from one term to another, fifteen cents. 

For entering sheriff's return on any writ, execution, mandamus or 
other special process, for each one hundred words, twenty cents. 

For entering a judgment or decree, for each one hundred words, fif- 
teen cents. 

For entering a bill of costs in "cost book," thirty-five cents. 

For filing record and all other papers, five cents each. 

For administering each oath or affirmation, not otherwise provided 
for, ten cents. 

For each writ of error and seal, with supersedeas, one dollar. 

For each writ of error and seal, without supersedeas, seventy- five 
cents. 

For each subpena, fifty cents. 

For each scire facias^ mandarmis, and other special process, for each 
one hundred words, twenty cents. 

For bringing into court, on request, any record of a suit, matter or 
thing not in court, twenty-five cents. 

The clerks shall receive an advance fee of ten dollars when the re- 
cord is tiled, which shall be credited on the fees, and the clerks shall re- 
pay the same to the party entitled thereto when the costs are collected. 
The clerks shall not be required to issue a final order in any cause until 
all costs for which the party seeking such final order is liable, in such 
cause, have been paid. And in no event shall the said clerks charge or 
receive any other or different fees than those specified in this section.'^ 

Approved April 8, 1875. 



FISCAL YEAE. 



§ 4. Accounts to be kept — semi-aimual report to 
be made to the Governor. 

In force July 1, 1875. 



STATE OFFICERS, ETC., REPORT TO THE GOVERNOR. 

§ 

1. Fiscal year. 
§ 2. Olficers and trustees to report to the Governor 

biennially. * 

§ 3. When reports to be made. 1 

An Act to change the fiscal year of the State and designate the time reports 
shall he made to the Governor hy the Secretary of State, Auditor of Public 
Accounts, State Treasurer, Adjutant General, State Entomologist, Commis- 
sioners of the Penitentiary, Trustees of the Industrial University, the Trus- 
tees of the Normal Universities, the State Board of AgricuUtire, the Trus- 
tees of the Reform School, the Board of Public Charities, and the Trustees 
of the State Charitable Institutions, 

Section 1. Be it enacted hy the People of the State of I llinois, repre- 
sented in the General Assembly, That the fiscal year of this state shall 



FRAUDS UPON TRAVELERS. 81 



commence on the first day of October, and close on the thirtieth day of 
September. 

^ 2. The secretary of state, auditor of public accounts, state treas- 
urer, adjutant general, state entomologist, commissioners of the peni- 
tentiary, trustees of the industrial university, the trustees of the normal 
universities, the state board of agriculture, the trustees of the reform 
school, the board of public charities, and the trustees of the state char- 
itable institutions shall on or before the first day of November, in the 
year eighteen hundred and seventy-six, and biennially thereafter, make 
and deliver to the governor such re[)orts as they are now required by 
law or the constitution to make of their acts and doings, respectively, 
closing with the fiscal year preceding each regular session of the general 
assembly, and no other annual or biennial report shall be made by such 
officers. 

§ 3. The commissioners of the penitentiary, the trustees of the nor- 
mal universities, the trustees of the industrial university, the state 
board of agriculture, the trustees of the reform school, and the trustees 
of the state charitable institutions shall arrange their reports required 
by the second section of this act so as to show the acts and doings of 
each fiscal year separately. 

§ 4. An account shall be kept by the officers of the executive de- 
partment, and of all the public institutions of the state, of all moneys 
received or disbursed by them, severally, from all sources and for every 
service performed, and a semi-annual report thereof be made to the 
governor, under oath. 

Approved March 29, 1875. 



FEAUDSUPON TRAYELEES. 



TO PREVENT FRAUDS UPON TRAVELERS, ETC. 



§ 5. Duty of owners to provide for redemption of 

tickets. 
§ 6. Penalty— for a refusal to redeem ticket 

sold. 
In force July 1, 1675. 



§ 1. Duty of railroads, steamboats, etc — author- 
ity to sell tickets. 

§ 2. Evidence of authority to sell tickets. 

§ 3. Penaltj' for barteriog or transferring without 
authority. 

§ 4. Agent required to show authority — keep cer- 
tificate posted in his office. 

An Act to prevent frauds upon travelers and owner or owners of any rail- 
road^ steannboat or other conveyance for the transportation of passen- 
gers. 

Section 1. Be it enacted by the People of the State of Illinois^ repre- 
se^ited in the General Assembly, That it shall be the duty of owner or 
owners of any railroad or steamboat for the transportation of passen- 
gers to provide each agent, who may be authorized to sell tickets, or 
other certificates entitling the holder to travel upon any railroad or 
steamboat, with £t certificate setting forth the authority of such agent 



82 FRAUDS UPON TRAVELERS. 



to make such sales ; wMch certificate shall be duly attested by the cor- 
porate seal of the owner of such railroad or steamboat. 

§ 2. That it shall not be lawful for any person not possessed of such 
authority, so evidenced, to sell, barter or transfer, for any consideration 
whatever, the whole or any part of any ticket or tickets, passes, or other 
evidences of the holder's title to travel on any railroad or steamboat, 
whether the same be situated, operated or owned within or without the 
limits of this state. 

§ 3. That any person or persons violating the provisions of the second 
section of this act shall be deemed guilty of misdemeanor, and shall be 
liable to be punished by a fine not exceeding five hundred dollars, and 
by imprisonment not exceeding one year, or either, or both, in the 
discretion of the court in which such person or persons shall be con- 
victed, 

§ 4. That it shall be the duty of every agent who shall be author- 
ized to sell tickets, or parts of tickets, or other evidences of the holder's 
title to travel, to exhibit to any person desiring to purchase a ticket, 
or to any oiificer of the law who may request him, the certificate of his 
authority thus to sell, and to keep said certificate posted in a conspicuous 
place in his office for the information of travelers. 

§ 5, That it sh?Jl be the duty of the owner or owners of railroad or 
steamboat, by their agents or managers, to provide for the redemption 
of the whole, or any parts or coupons of any ticket or tickets, as they 
may have sold, as the purchaser, for any reason, has not used, and does 
not desire to use, at a rate which shall be equal to the difference between 
the price paid for the whole ticket and the cost of a ticket between the 
points for which the proportion of said ticket was actually used ; and 
the sale by any person of the unused portion of any ticket otherwise 
than by the jjresentation of the same for redemption, as provided for in 
this section, shall be deemed to be a violation of the provisions of this 
act, and shall be punished as is hereinbefore provided : Provided, that 
this act shall not prohibit any person who has purchased a ticket 
from any agent authorized by this act, with the bona fide intention of 
traveling upon the same, from selling any part of the same to any other 
person. 

§ 6. Any railroad or steamboat company that shall, by any of its 
ticket agents in this state, refuse to redeem any of its tickets or parts of 
tickets as prescribed in section five of this act, shall pay a fine of five 
hundred dollars for each offense, to the People of the State of Illinois, 
and it shall be unlawful for said company, subsequent to such refusal, 
to sell any ticket or tickets in this state until such fine is paid. 

Approved April 19, 1875. 



HOSPITALS FOR THE INSANE. 83 



HOSPITALS FOE THE INSANE. 



TO SECURE EQUALITY IN ADMISSION TO. 

§ 1. State divided into districts. I § 5. Discharge of patients. 

I 2. Admission of patients. 1 § 6. Transfer of patients. 

§ 3. Number of patients to each county. § 7. "When counties indebted. 

§ 4. When county quota not full. | § 8. Emergency. In force April 10th, 1875. 

An Act to secure equality among the counties in the matter of the admis- 
sion of patients into the State Hospitals for the Insane. 

Section 1. Be it enaxited by the People of the State of Illinois^ repre- 
sented in the General Assembly, That from and after the date of the open- 
ing of the south wing of the Northern Insane Hospital, at Elgin, the 
state shall be divided into three districts, for the purpose of regulating 
the admission of patients to the stat« hospitals for the insane, as fol- 
lows : 

The Northern Insane Hospital shall be set apart for the accommoda 
tion and care of the insane of the counties of Jo Daviess, Stephenson 
Winnebago, Boone, McHenry, Lake, Cook, DuPage, Kane, Kendall 
DeKalb, Ogle, Carroll, Whiteside, Lee, LaSalle, Grundy, Will, Kankakee 
Iroquois, Ford, Livingston, Putuam, Bureau, Stark, Henry and Knox 

The Central Insane Hospital, at Jacksonville, shall be set apart for 
the insane of the counties of Eock Island, Mercer, Henderson, Warren, 
Hancock, Adams, Pike, Calhoun, Brown, Schuyler, McDonough, Ful- 
ton, Peoria, Marshall, Woodford, McLean, Tazewell, Mason, Cass, 
Menard, Logan, DeWitt, Piatt, Champaign, Vermilion, Edgar, Clark, 
Cumberland, Coles, Douglas, Moultrie, Shelby, Macon, Sangamon, Mor- 
gan, Scott, Greene, Jersey, Macoupin, Madison, Bond, Montgomery, and 
Christian. 

The Southern Insane Hospital, at Anna, shall be set apart for the 
insane of the counties of Fayette, Effingham, Jasper, Crawford, Law- 
rence, Eichlaud, Clay, Marion, Clinton, St. Clair, Monroe, Eandolph, 
Perry, Washington, Jefferson, Wayne, Edwards, Wabash, White, Ham- 
ilton, Franklin, Jackson, Williamson, Saline, Gallatin, Hardin, Pope^ 
Massac, Johnson, Pulaski, Union, and Alexander. 

§ 2. The county officers of the several counties shall in all cases make 
application for the admission of patients who are a county charge, into 
the hospital of the district in which the said counties are respectively 
situated, as specified in the preceding section ; but patients who are not 
a county charge, may be admitted into either of the state hospitals, in 
accordance with the application of their friends, without limitation as 
to the district in which said patients may reside. 

§ 3. Each of the counties of this state shall hereafter be entitled to 
have and keep in the hospital at all times, except as hereinafter pro- 
vided, a number of patients proportioned to its population, in the ratio 
of one patient to every twenty-five hundred of the population of said 
county, as shown by the census of 1870, as per the following schedule : 



84 



HOSPITALS FOR THE INSANE. 



County. 



Adams 

Alexander... 

Bond 

Boone 

Brown 

Bureau 

Calboun 

Carroll 

Cass 

Champaign . 
Chriistian . . . 

Clark 

Clay 

Clinton 

Coles 

Cook 

Crawford.... 
Cumberland 

DeKalb 

DeWitt 

Douglas 

DuPage 

Edgar 

Edwards ... 
Effingham . . 

Eayeite 

Ford 

Eranklin 

Fulton 

Gallatin. ... 

Greene 

Grundy 

Hamilton... 

Hancock 

Hardin 

Henderson. 

Henry 

Iroquois 

Jaekson...., 

Jasper 

Jefferson . . . 

Jersey 

Jo Daviess 
Johnson.... 

Kane 

Kankakee. . 

KendaU 

Knox , 

Lake 

La Salle 

Lawrence... 



:Nro. 

Patients 



5 
5 

]2 
3 
7 
5 

13 
8 
7 
6 
6 

10 
140 
5 
5 
9 
6 
5 
7 
8 
3 
6 
8 
4 
5 

15 



County. 



Lee 

Livingston... 

Logan 

Macon 

Macoupin 

Madison 

Marion 

Marshall 

Mason 

Massac 

McUonough. 

McHenry 

McLean 

Menard , 

Mercer 

Monroe , 

Montgomery. 

Morgan 

Moultrie 

Ogle 

Peoria 

Perry , 

Piatt 

Pike 

Pope 

Pulaski 

Putnam 

Randolph . . . 

Richland 

Rock Island 

Saline 

Sangamon. . . 

Schuyler 

Scott 

Shelby 

Stark 

St. Clair 

Stephenson . . 

Tazewell 

Union 

Vermilion... 

"Wabash 

Warren 

Washington. 

Wavne 

White 

Whiteside .. 

Will 

Williamson . 
Winnebago. 
Woodford... 



No. 
Patients. 



11 

12 

9 

10 

13 

18 

8 

7 

6 

4 

11 

9 

21 

5 

7 

5 

10 

11 

4 

11 

19 

5 

4 

12 

4 

3 

2 

8 

5 

12 

5 

18 

7 

4 

10 

4 

20 

12 

11 

7 

12 

3 

9 

7 

8 

7 

11 

17 

7 

12 

7 



§ 4. In all cases where the quota of any county is not full, the super- 
intendent and trustees may admit patients from other counties to the 
extent of the capacity of the hospital ; and the superintendent and 
trustees shall receive all recent and curable cases from any county in 
the district, anything in this act to the contrary notwithstanding; and 
in the admission of patients, preference shall be given to patients who 
are indigent, rather than to those who have the ability to pay for their 
board and treatment; and to those who are dangerous, rather than to 
those who are harmless and inoffensive; and dangerous patients may 
be admitted even though such admission should reduce the- quotas of 
some or all of the counties, as stated in the foregoing schedule. 

§ 5. The superintendents and trustees of the several state hospitals 
for the insane are hereby directed and required, in making out lists of 
patients to be discharged from said hospitals, respectively, to discharge 
first those chronic cases who are from either of the other two districts 
whose limits are defined in the first section of the jDresent act ; and 
second, those chronic cases from within the districts in which said hos- 



INTEREST. 85 



pitals are severally situated, who are from coati ties which have a number 
of patients in said hospitals in excess of tlieir respective quotas, as 
prescribed in the third section of this act ; and in no event shall any 
person be discharged from any insane asylum because of having been 
X)ronounced incurably insane. 

§ G. For the purpose of avoiding unnecessary expense, the superin- 
tendent and trustees of the state hospitals may, instead of discharging 
the patients indicated in the previous section, transfer them directly to 
the hospitals to which they are herein assigned : Provided, that the con- 
sent of their friends, or the county oflicers, as the case may be, shall 
first be obtained : And, provided, further, that the cost of such transfer 
shall be defraj^ed by the friends or county othcers aforesaid, and shall be 
collected by the ofBcers of the hospital as other charges are collected; 
but no such transfer shall be made, in any case, until the superintend- 
ent of the hospital to which the patient is proposed to be transferred, 
shall have given notice authorizing the admission of said patient. 

§ 7. All counties which may be indebted to either of the state hos- 
pitals for the insane shall, upon the taking effect of this act, make set- 
tlement with the hospital and pay all arrearages in full to date ; and in 
case of failure or refusal to make such settlement, the officers of the 
hos[)ital are hereby authorized, at tLieir discretion, to refuse to admit 
any additional chronic cases from the county guilty of such refusal or 
neglect. 

§ 8. Whereas many counties of this state are unable, under the 
existing laws, to obtain admission for ])atients from said counties to the 
hospitals of this state to the extent indicated in the schedule contained 
in tlie third section of this act, therefore an emergency exists; there- 
fore, this act shall take effect from and after its passage. 

Approved April lO, 1875. 



UsTTEREST. 



RATE BETWEEN CITIZENS OR CORPORATIONS. 

§ 1. Amend section 8, act of 1874 — 10 per cent., I § 2. Emergency. 

per annum between cities and corpora- In force March 3, 1875. 

tiona. 

An Act to amend section eight fSJ of an act entitled "Aw act to revise 
the law in relation to the rate of interest,'" approved March 25th, A. D. 
1874. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section eight (8) of ''An act to revise 
the law in relation to the rate of interest," approved March 25th, A. D. 
1874, be ameniled to read as follows : 

"§ 8. When any written contract, whenever payable, shall have 
been or shall be made in this state, or between citizens or corporations 
of this state, or a citizen or corporation of this state and a citizen or 
corporation of any other state, territory or country, (or shall be secured 



86 JUDGMENTS AND DECREES. 



by mortgage or trust deed on lands in this state) such contract may 
bear any rate of interest allowed by law, to be taken or contracted for 
by persons or corporations in this state, or which is or may be allowed 
by law on any contract for money due or owing in this state : Provided^ 
however^ that such rate of interest shall not exceed ten per cent, per 
annum. And if any such person or corporation shall contract or has 
contracted to receive a greater rate of interest or discount than ten per 
cent, upon any such contract, such person or corporation shall forfeit 
the whole of said interest so contracted to be received, and shall be 
entitled only to recover the principal sum due to such person or cor- 
poration. 

§ 2. Emergency.) Whereas, by reason of an existing ambiguity 
in sections four (4) and eight (8) of the act approved March 25th, A. D. 
1874, above referred to, a necessity exists for this act to take effect im- 
mediately : therefore this act shall take effect and be in force from and 
after its passage. 

Approved March 3, 1875. 



JUDGMENTS AOT) DEOEEES. 

JUDGMENTS, DECREES AND EXECUTIONS. 

§ 1. Amend section 39, act of 1872. Death of defendant — proceedings on. In force July 1, 1875. 

An Act to amend section 39 of an act entitled '•'■An act in regard to judg- 
ments and decrees^ and the manner of enforcing the same hy execution, 
and to providS for the redemption of real estate sold under execution or 
decree,''^ approved March 22, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That section 39 of act entitled "An act 
in regard to judgments and decrees, and the manner of enforcing the 
same by execution, and to provide for the redemption of real estate sold 
under execution or decree," approved March 22,1872, be and the same is 
hereby amended so as to read as follows : 

"§ 39. When a person shall die, after the.rendition of a judgment 
or decree for the payment of money against him is obtained in a court 
of record, execution may issue against the real estate of such deceased 
person, or sale may be made under such decree, without reviving the 
judgment or decree against his heirs or legal representatives: Provided, 
that no execution shall issue or sale be made until after the expiration 
of twelve months from the death of such deceased person, nor shall any 
sale be had on any such execution or decree until the person in whose 
favor the judgment or decree is sought to be enforced shall give to the 
executor or administrator, or if there is neither, the heirs of the deceased 
at least three mouths' notice of the existence of such judgment or de- 
cree, before issuing execution or proceeding to sell, which notice shall be 
in writing when the parties required to be notified reside or may be 
found within the state, and their place of residence known, otherwise 



JUSTICES OF THE PEACE. 87 



publication notice shall be given in the manner directed for chancery 
proceeding in sections 12 and 13 of an act entitled "An act to regulate 
the practice in courts of chancery," approved March 15, 1872. 
Approved April 2, 1875. 



JUSTICES OF THE PEACE. 



NUMBER TO BE APPOINTED IN THE CITY OF CHICAGO. 

§ 1. Ameod section 1, act of 1871. Kecom- I § 2. Emergency. 

mendation — appointment. I In force March 25, 1875. 

An Act to amend section one (1) of an act entitled '■^An act relating to 
justices of the peace in the city of Chicago,^'' approved and in force March 
30, 1871. 

Section 1. Be it enacted by the People of the State of Illinois^ repre- 
sented in the General Assembly^ That section one (1) of an act entitled 
"An act relating to justices of the peace in the city of Chicago," ap- 
proved and in force March 30, 1871, be and the same is hereby amended 
so as to read as follows : 

^'■Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, That it shall be the duty of the judges of the circuit, 
superior and county courts of Cook county, a majority of the judges 
concurring therein, on or before the first day of April, in the year of 
our Lord 1875, and every four years thereafter, to recommend to the 
governor seven (7) fit and competent persons to fill the office of justice 
of the peace in the town of West Chicago ; also, seven (7) fit and com- 
petent persons to fill the office of justice of the peace in the town of South 
Chicago ; also, five (5) fit and competent persons to fill the office of jus- 
tice of the peace in the town of North Chicago, all in the city of Chicago 
and county of Cook ; and the persons thus recommended the governor 
shall nominate, and by and with the advice and consent of the senate, 
(a majority of senators elected concurring by yeas and nays,) appoint 
justices of the peace in and for each of said towns, respectively ; and in 
case the governor rejects any person recommended, or the senate refuse 
to confirm any person nominated, the governor shall give notice of such 
rejection or refusal to the said judges, who shall, within ten (10) days 
after the receiving of such notice, recommend some fit and competent 
person for such appointment : Provided, such person so recommended 
shall be elected to the town in and for which they are to be appointed 
such justices of the peace. 

§ 2. Whereas, there is now no law defining the number of justices of 
the peace to be appointed in the city of Chicago, and an emergency ex- 
ists ; therefore this act shall take effect and be in force from and after 
its passage. 

Approved March 25, 1875. 



88 NOTARIES PUBLIC— OHIO AND WABASH EIVERS. 



NOTAEIES PUBLIC. 

PROVIDE POE — APPOINTMENT — QUALIFICATION, ETC. 

§ 1. Amend section 1, act of 1872 — Who may be appointed. In force July 1, 1875. 

An Act to amend section one of an act entitled '■'■An act to provide for the 
appointment, qualification and duties of notaries public, and certifying 
tlieir official acts," approved April 5, 1872. 

Section 1. Be it enacted hy the People of tlie State of Illinois, repre- 
sented in the General Assembly, That sectiou one of the above entitled 
act be amended to read as follows : 

"That the governor may ay^point, by and with the advice and consent 
of the senate, and commission as notaries public as many persons resi- 
dent in the county in this state ibr which they are appointed as he may 
deem necessary, but no person shall be appointed a notary public who 
is under twenty-one years of age, is not a citizen of the United States 
and has not resided in this state one year preceding the appointment." 

Approved April 13, 1875. 



OHIO AND WABASH EIYEES. 



title ceded to the united states, etc. 

§ 1. Authority given United States Government. | § 3. Jurisdiction. 

§ 2. Damages. ' In force July 1, 1875. 

An Act granting to the government of the United States the right to enter 
upon and talie possession of such small tracts or parcels of land lying 
within the State of Illinois, and on the icaters of the Ohio and Wabash 
rivers, as may be necessary to facilitate the improvement of said rivers. 

Whereas, the government of the United States has begun, and will 
probably continue the improvement of the Ohio and Wabash rivers ; 
and whereas, it may be advisable, for the removal of all doubts as to the 
right of the general government to acquire real estate and establish. 
public works within the limits of any state without the consent of such 
state ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the consent of the state of Illinois 
be and is herebj' given to the government of the United States to enter 
upon such small parcels or tracts of land lying on the bank of the Ohio 
and Wabash rivers, within the state of Illinois, as may be necessary for 
the construction of locks, lock-keepers' dwellings, and abutments or 
other works, to be used to facilitate the improve[ment] of the channels 
of said rivers. 



PARKS. 



89 



§ 2. All cases of damages that may arise under the provisions of this 
act shall be settled as provided for in "An act to provide for the exer- 
cise of the right of eminent domain," approved April 10, 1872, in force 
July 1, 1872. 

§ 3. Exclusive jurisdiction is hereby ceded to the United States over 
all or any lands acquired under the provisions of this act. 

Approved April 15, 1875. 



PAEKS. 



COMPLETION AND MANAGEMENT. 



§ 1. Amend section 12, act of 1871 — Formofbo7i(l — 
Town proiierty pledged — Payment of prin- 
cipal and interest. 



§2. 



Emergency. 
lu force March 4, 1875. 



An Act to amend section twelve (12 J of an act entitled '■'■An act in regari 
to the completion of ])ubl!c paries and the management thereof,''^ approved 
June Hi, 1871. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assemblii, That section twelve (12) of an act entitled 
"An act in regard to the comi)letion of public parks and the manage- 
ment thereof," approved June 10, 1871, be amended so as to read as fol- 
lows, to-wit : 

"§ 12. Such bonds shall be issued, when authorized by the corpor- 
ate authorities of the towns, as aforesaid, in the names of said towns 
respectively, by the commissioners of any such park, to be signed by 
their i)resident and treasurer, and countersigned by their secretary, 
with his seal of office affixed ; and the special assessment herein anthor-- 
ized to be made the property of said towns respectively, and the lauds 
used for such parks, shall be pledged for the redemption of said bonds 
so issued by such towns. They shall bear interest at the rate of seven 
per cent, per annum, jjayable semi-annually, and the principal shall be 
payable at such time as may be determine<l, not exceeding twenty years ; 
and the time for the payment of the principal shall be so distributed as 
nearly as practicable as to retire each year an amount equal to the 
amount of the special assessment collected. The special assessment 
shall only be used for the purchase of lands and the redemption of the 
l)onds." 

§ 2. Whereas, the town of North Chicago, Cook county, has con- 
demned land under the provisions of an act to which this is an amend- 
ment, and it is important to negotiate bonds without delay, it is de- 
clared that an emergency has arisen, whereby this act should take eifect 
immediately; therefore, this act shall take eifect and be in force from 
and after its passage. 

Approved March 4, 1875. 



90 PAUPERS — PENITENTIARY. 



PACrPERS. 



REMOVAL AUTHORIZED. 

§ 1 . Amend section 16, act of 1874 — Removal of paupers not resident of county, etc. 
In force July 1, 1875. 

An Act to amend section fl6J sixteen of an act entitled '■'•An act to revise 
the law in relation to pauversJ^ 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in file General Assembly^ That section (16) sixteen of an act en- 
titled "An act to revise the law in relation to paupers," approved March 
23, 1874, be and the same is hereby amended so as to read as follows : 

"§ 16. If any person shall become chargeable as a pauper in any 
county or town, who did not reside therein at the commencement of six 
months immediately preceding his becoming so chargeable, but did, at 
that time, reside in some other county or town in this state, it shall be 
the duty of the county or town clerk, as the case may be, to send 
written notice, by mail or otherwise, to the county clerk of the county 
in which the pauper so resided, or if he then resided in a town support- 
ing its own poor, to the town clerk of such town, requesting the proper 
authorities of such county or town to remove said pauper forthwith, 
and to pay the expenses accrued and to accrue in taking care of the 
same; and such county or town, as the case maybe, where such pauper 
resided at the commencement of the six months immediately preceding 
such person becoming chargeable as a pauper, shall pay to the county 
or town so taking care of such pauper, all reasonable charges for the 
same, and such amount may be recovered by suit in any court of com- 
petent jurisdiction." 

Approved April 9, 1875. 



PENITENTIARY. 
credit in diminution of sentence. 

§ 1. Amend section 2 act of 1872— Forfeitures of good time. In force July 1, 1873. 

An Act to amend section tivo of^^An act to allow convicts in the penitentiary 
a credit in diminution of their sentence, and for their being restored to 
citizenship upon certain conditions,''^ approved March 19, 1872, 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 two of an act entitled "An 
act to allow convicts in the penitentiary a credit in diminution of their 
sentence, and for their being restored to citizenship upon certain con- 
ditions," approved March 19, 1872, in force July 1, 1872, [be and the 
same is so amended as to read as follows : ] 

"In case any convict shall be guilty of the violation of any of the 
rules or laws of the penitentiary or of the state, as above provided, and 



POLICE MAGISTRATES. 91 



has become entitled to any diminution of his sentence, by the provisions 
aforesaid, he shall for the first offense forfeit, if he has made so much, 
two days; for the second offense, four days; for the third offense, eight 
days; for the fourth offense, sixteen days; and in addition thereto, 
whatever number of days, more than one, that he is in punishment, shall 
also be forfeited ; for more than four offenses the warden shall have 
power to deprive him, at his discretion, of any portion or all of the good 
time that the convict may have earned, but not less than as provided 
for the fourth offense: Provided, that the penitentiary commissioners 
shall have the power to restore to any convict who has heretofore or 
may hereafter forfeit any good time by violating any law or part thereof 
now in force, of which this is an amendment, and as may seem proper 
in their good judgment." 
Approved April 15, 1875. 



POLICE MAGISTRATES. 



election of, in cities, villages and towns. 

§ 1. Election, jurisdiction and fees of police magis- I §2. Emergenoy. 

trates. I In force April 13, 1875. 

An Act to authorize the election of police magistrates in ' towns, cities and 
villages where the same are not provided for hy law. 

Section 1. Be it enacted by the People of the State of Illinois, repre 
sented in the General Assembly, That all towns, cities and villages in the 
state which have been incorporated under charters granted by special 
acts, or under a general act, when the law under which they are incor- 
porated does not authorize the election of a police magistrate, be and 
they are hereby authorized to elect one police magistrate at the first 
annual election of town, city or village officers that shall occur after the 
passage of this act, and quadrennially thereafter. Such police magis- 
trates shall hold their offices for the same term, be commissioned and 
qualified, and have the same jurisdiction and fees, as police magistrates 
of villages have under the general law for the incorporation of cities 
and villages. 

§ 2. As the first annual election of town, city and village officers in 
many of the towns, cities and villages in this state, by this act authorized 
to elect a police magistrate, will occur before the first day of July next, 
after the adjournmeiitof this general assembly, therefore 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 : Provided, 
that the election for police magistrates in cities that have one or more 
police magistrates, elected under a former organization as a town or 
city, shall not be held until the term for which said police magistrate or 
magistrates were elected has expired. 

Approved April 13, 1875. 



92 REVENUE — ROADS AND BRIDGES. 



EEVENUE. 



FOR STATE PURPOSES. 



§ 1. Tax l)y valuation. I In force July lat, 1875. 

§ 2. Kates per cent— repealing clause. | 

An Act to provide the necessary revenue for State purposes. 

Section 1. Be it enacted hy the People of the State of Illinois^ repre- 
sented in the General Assejnhly^ That there shall be raised, by levying 
a tax, by valuation, iii)ou the taxable property in this state, the follow- 
ing sums, for the purposes hereinafter set forth : For general state 
purposes, to be designated "revenue fund," one million eight hundred 
thousand dollars, ($1,800,000), upon the assessed value of property for 
the year 1875, and one million five hundred thousand dollars, ($1,500,- 
000), annually thereafter; for state school purposes, to be designated 
"state school fnnd," in lieu of the two mill tax therefor, one million of 
dollars, ($1,000,000), annually. 

§ 2. The govern* r and auditor shall, annually, compute the separate 
rates per cent, required to produce not less than the above amounts, 
anything iu any other act providing a different manner of ascertaining 
the amount of revenue required to be levied for state purposes to the 
contrary notwithstanding; and when so ascertained, the auditor shall 
certify to the county clerlis the proper rates per cent, therefor, and also 
such definite rates for other i)urposes as are now or may hereafter be 
provided by law, to be levied and collected as state taxes; and all laws 
and parts of laws in conflict with this act are hereby repealed. 

Approved April 10, 1875. 



EOADS AND BRIDGES. 



IN COUNTIES NOT UNDER TOWNSHIP ORGANIZATION. 



§ 41. Justices of the peace have jurisdiction. 

§ 4-2. Suits to be in the corporate name of the 



§ 1. Amend sections 34, 35, 38, 40, 41, 42, 43, 44, 46 

act of 1873. 

§ 34. "When labor system in whole or in part i county. 

adopted. § 43. Return by supervisors of delinquents. 

§ 35. Koad tax— how assessed and collected. | § 44. Annual report of supervisors. 

§ 38. Notice to labor or pay money — how labor 1 § 46. Supervisors to hire teams, etc. — Repealing 

performed. I clause. 

§ 40. Suits for labor and taxes. I In force July 1, 1875. 

An Act to amend sections thirty four (34), thirty -five {35), thirty-eight 
(38), forty {4:0), forty -one (41), forty-two {42), forty three (43 \ forty -four 
(44), and forty six (4G), and to repeal section thirty-six (36), of an act 
entitled "A% act in regard to gateways, roads and bridges in counties not 
under township organization,^'' approved and in force April ISth, 1873. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That sections thirty-four (34), thirty-five 



ROADS AND BRIDGES. 93 



(35), tliirty-eiglit (38), forty (40), forty-one (41), forty-two (42), forty- 
three (43), t'orty-four (44), and forty six (4G), and to repeal section tliirt^^- 
six (30), of an act entitled "An act in regard to j^ateways, roads and 
bridges in counties not under township oiganization, approved and iu 
force April 18, 1873, be so amended as to read as follows, to-wit: 

"§ 34. The county courts (county bomds) of the several counties of 
this state, which shall adopt the system of ])art tax and part labor, or 
all labor, at the ])ecember term, annually, shall fix and cause to be en- 
tered upon the records of their courts (boards) a certain number of days, 
not exceeding' five nor less than two, that each and every able-bodied 
man between the ages of twenty-one and fifty years shall labor upon 
some public road ^yithin the county during the year. And it shall be 
the duty of the clerk of said court (county clerk) to certify the number 
ot days fixed as afor> said iu the notice to each supervisor appointed in 
said county. 

"§ 3o. The county court (county board) 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 than twenty 
cents on each one hundred dollars' worth of taxable i)roperty, real and 
personal, or either, within their counties; and a column iu 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 shall be collected by 
the collector as other county revenue, and paid into the treasury iu like 
manner ; and the county board shall appropriate the same on roads and 
bridges within the road district from which such tax may be collected, 
or so much of it as the supervisor of said district shall deem necessary 
to keep the roads and bridges of such road district in good repair, and 
all overplus, if there be any, shall be paid into the county treasury, to 
be expended on roads and bridges within said county as the county 
board may deem proper: Provided, that counties electing to work under 
the tax system in whole, for road purposes, may levy a road tax not 
exceeding forty cents on every one hundred dollars' worth of property, 
real or personal, as provided in section thirty (3U) of this act. 

"§ 38. The number of days in which labor shall be performed being 
fixed upon and certified to the supervisor, he shall notify each person 
in his district subject to road labor of the time when and place where 
to attend and work as required, and the proper tools to bring — such labor 
to be performed by the principal or a substitute equally able as himself, 
working at least eight hours per day; and if such ])erson shall spend the 
day in idleness, be turbulent or disorderly, or disobey the supervisor, 
he may be discharged from the road, and the supervisor shall collect 
from him at the rate of two dollars per day for the balance of time for 
which labor is due : Provided^ that all money collected by supervisors 
shall be disbursed on some road within their district. 

"§ 40. The supervisors may sue in the name of the county for all labor 
or money that may be due under the provisions of this act, from each 
person residing within their respective districts, which labor or money 
remains unpaid after a notice shall have been given and a failure to 
settle the same, as provided in the foregoing sections ; and having col- 
lected the same, they shall, without unnecessary delay, disburse the 
money to the best advantage on public roads in the districts to which 
said labor or money proi)erly belongs. In all cases the sujiervisor shall 
be a competent witness iu suits brought as above stated ; an appeal 



94 EOADS AND BEIDaES. 



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, flues, forfeitures, or other penalties imposed by this act, 
which are intended to come in the hands of such supervisors for road 
purposes, 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 failure to jDerform road labor or pay fines, 
forfeitures or other penalties imposed by this act, or to enforce any con- 
tract or promise in reference to the opening or repairing of public 
roads, shall be had in the corporate name of the county wherein the 
right of action occurred [accrued] : Provided, that no suits shall be dis- 
missed 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. Every supervisor shall endeavor to collect all labor tax or 
other dues, and close the work by the first Monday in December, annu- 
ally ; and it shall be their duty, when such labor tax has been paid, in 
money or labor, to write the word " paid" against the name of the per- 
son from whom the same was due, and all persons opposite whose names 
the word "paid" is written have paid such labor tax; and all persons 
opposite whose names the word " paid" is not written have not paid 
such tax, and the same remains due and unpaid, according to the best 
of his knowledge and belief; and such list certified to under oath shall 
be included in and made a part of such supervisor's report. 

"§ 44. At the December term of the county court (county board), an- 
nually, each supervisor shall make, under oath, a report showing 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, on what account received, due on roads, the amount paid 
out by him in constructing roads, with the vouchers accompa^nying ; at 
which term he shall make a settlement with the court (board), 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 county board 
shall order. Supervisors may appoint one or more persons to warn in 
the hands, and make an allowance therefor out of the labor tax due 
from such person." 

"§ 46. Supervisors 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 
furnishing road scrapers, and repairing roads in discharge of labor 
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 board : 
Provided, that nothing herein contained shall prevent the supervisors 
from expending, within their road districts, the road labor or money 
collected in lieu thereof." 

Section thirty-six (36) of said act is hereby repealed. 

Appeoved April 15, 1876. 



ROADS AND BRIDGES. 95 



IN COUNTIES UNDER TOWNSHIP ORGANIZATION. 

§ 1 . Amend section 56, act of 1873 — Taxes to be paid to districts. In force July 1, 1875. 

An Act to amend section 56 of an act entitled ^'An act in regard to roads 
and bridges in counties under township organization,^^ approved and in 
force April 11, 1873. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section 56 be ameuded so as to read 
as follows, to-wit : 

"§ 56. The treasurer of the commissioners of highways shall pay 
over the district road tax according to the abstracts, as furnished above, 
upon the written orders of the various overseers of roads, for work done 
in their respective districts, when said orders are approved, in writing, 
by a majority of said commissioners." 

Approved April 13, 1875. 



§ 1 . Amend section 97, act of 1873 — Koads on county lines. In force July 1, 1875. 

An Act to amend section 97 of an act entitled "A« act in regard to roads 
and bridges in counties under township organization,^^ approved April 11, 
1873. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section 97, of the above entitled 
act, be amended to read as follows, to-wit: 

"§ 97. Public roads may be established, altered, widened or vacated 
on township 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 inter- 
ested ; said petition to be as in other cases, and signed by not less than 
twelve freeholders residing in either county, within three miles of the 
road so to be altered, widened, located or laid out • 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 manner as in other 
cases, in considering the petition, viewing the premises, adjusting dam- 
ages, and making all orders in reference to such proposed road, altera- 
tion widening or vacation, and a majority of all such commissioners 
must concur in such orders ; and a copy of all final orders and plates 
and papers shall be filed and recorded in each of the counties and towns 
interested." 

Approved April 15, 1875. 



yb SCHOOL TRUSTEES — RAILROADS. 



SOHOOL TEUSTEES. 



AUTHORIZED TO CONVEY LAND TO RAILROADS. 

§ 1. Trustees may convey to railroad company — Proceeds to be used for school parposes. In force 

July 1, 1875. 

An Act to empoicer toumship trustees to sell and convey riglit of way and 
depot grounds for the use of railroads crossing school lands. 

Section 1. Be it enacted hy the People of the State of Illinois^ repre- 
sented in the General Assembly, That tbe trustees of schools of auy town- 
ship concerned are hereby authorized and empowered, in their corporate 
capacity, to sell and convey to any railroad company which may con- 
struct a railroad across any of the public school lands of such town- 
ship, the right of way and necessary depot orounds. All money received 
by such trustees for any right of way or depot grounds so sold, to be 
turned over by such trustees to the treasurer of the township for school 
purposes. 

Approved April 13, 1875. 



EAILEOADS. 

RIGHT TO PURCHASE INTEREST IN ADJOINING STATES. 
§ 1. Purchase of lessors' interest in railroads in adjoining States. In force July 1, 1815. 

An Act relating to lessees in this State of 7'ailroads in adjoining States. 

Section 1. Be it enacted hy the People of the State of Tllinois, repre- 
sented in the General Assemhly, That all railroad companies incorporated 
or organized, or which may be incorporated or organized under the laws 
of this state, or of this and any adjoining state, which now are, or at 
any time hereafter may be, in possession of and operating connecting 
railroads in states adjoining this state under lease in perpetuity, or for 
a period of not less than twenty years, shall have power to purchase the 
remaining interests, property and franchises of the lessors of such rail- 
roads situated in such adjoining states, on such terms and conditions 
as may be agreed upon by the parties, or their assigns, to such lease: 
Provided, that nothing in this act shall be so construed as to authorize 
any corporation acting by, or organizing under the laws of any other 
state to purchase or otherwise become the owners of any railroad in this 
state. 

Approved March 30, 1875. 



RAILKOADS. 97 



UNION DEPOTS. 



§ 5. Term and election of directors. 
§ C. No discrimination. 

In force July 1, 1875. 



§ 1. "Who may form corporation. 
5> 2. Articles of association. 
§ 3. Certiflcate of incorporation. 
S 4. Corporate powers defined, provisos and limi- 
tations. 

An Act authorizing the formation of union depots and stations for rail- 
roads in this State. 

Section 1. Be it enacted, by the People of the State of Illinois, repre- 
sented in the General Assembly^ That iu order to facilitate the public cou- 
veiiieiice and safety in tlie transmission of goods and passengers from 
one railroad to another, and to prevent the unnecessary" exi)ense, incon- 
venience and loss attending the accumulation of a number of Ntatious, 
any number of persons, not less than five, are hereby antiiorized to form 
themselves, or any two or more railroad companies may themselves form 
or join individuals in forming a corporation for the purpose of construct- 
ing, establishing and maintaining a union station for passenger or freight 
depots, or for both, iu any city, town or place in this state, with the ne- 
cessary offices and rooms convenient for the same, and appurtenances 
thereto, and for that purpose may make and sign articles, in ^Yhich shall 
be stated the number of years the same is to continue, the city, town or 
place in which the same is to be located, the amount of the capital stock 
of said company, which shall not exceed three millions of dollars, the 
araonnt of each share of stock, the names and places of residence of its 
directors, which shall not be less than five nor exceed fifteen, who shall 
manage its affairs for the first year, and until others are chosen in their 
place, and shall also state the amount of stock taken by each subscriber, 

§ 2. Any association of persons or corporations, desiring to become 
incorporated under the provisions of this act, shall present tueir articles 
of association to the circuit court of the county in which such city or 
place is, or to the judge thereof in vacation, with the petition from such 
members for a certificate of incorporation under the provisions of this 
act, to which petition shall be added or appended a certificate of at least 
two railroad companies who have tracks leading into said city, town or 
place, stating its public utility, and that they expect to make arrange- 
ments for its use when it shall be constructed, signed by the presidents 
of their respective companies. 

§ 3. If the circuit court, or any judge thereof, in vacation, shall be 
satisfied that said certificate has been signed by such companies, then 
the said court or judge, upon filing the said petition, articles and certi- 
ficate aforesaid, with the clerk of the court, shall grant to the said asso- 
ciation a certificate, of incorporation, which may be in the lollowing 
form, to- wit : 

"Whereas, A. B. and C, etc. (stating the names), have filed in the ofiice of the clerk of the circnit 
court their articles of association, iu compliance with the provisions of an act entitled "An act author- 
izing the formation of union depots and stations for railroads iu this state," a^jproved (stating day of 

approval), with their petition of incorporation, under the name and style of : they' are 

therefore hereby declared a hody politic and corporate, by the name and style aforesaid, with all the 
powers, pri vileges and immunities granted in the act above named By order of circuit court (or j udge 
thereof.) ". . . , attest ; , clerk of circuit court of county f of J 

And thereupon, upon filing the same, or a certified copy thereof, in 
the office of the secretary of state, the said association, from the time of 
such filing, shall be a corporation under the laws of this state. 



98 KAILROADS. 



§ 4. Every corporation formed under this act, in addition to the gen- 
eral powers conferred by the laws of this state in relation to corpora- 
tions, shall have power — 

First — To take and hold such real estate as it may acquire either by 
conveyance to said corporation, or such as it may acquire under the 
provisions of this act by condemnation, and which shall be necessary 
for the transaction of its business. 

Second — To take, occupy and condemn any land and real estate, or 
any interest therein, needed for the establishment of such nuion station 
or depot and necessary approaches thereto, and the same proceedings 
shall be bad therefor as are now or may hereafter be provided by law, 
concerning the condemnation of lands for or by railroad companies in 
the state, so far as such laws are applicable to the purposes of this act ; 
and when so condemned, the said laud and any interest therein shall 
belong to such corporation for the purposes of this act: Frovided, that 
nothing in this act shall be construed to authorize the condemnation 
as depot grounds of any railroad which is not of the same gauge of 
those joining in the petition : Frovided, further, that uone of tiie provi- 
sions of this act relating to the condemnation of land shall extend to 
any land or lands to which any municipal corporation has a title. 

Third — ^With the consent of the corporate authorities of the city, town 
or place in which said station or depot is to be constructed, to have the 
right to lay the necessary track or tracks over, upon or under such 
street or roads of said city, town or place as may be necessary to make 
the necessary connections with railroads i)roi)osiug to use said union 
dej)ot, and may, with such consent, also construct such station or depot 
under, over or upon any such streets or roads : Frovided, that all injury, 
if any, that may be occasioned to the property fronting on any streets 
or roads by the laying of any railroad tracks or the location of any de- 
pot upon such streets or roads, under the provisions of this act, shall 
be assessed and the assessment paid into the city treasury, to the use of 
the owners of the i)roperty so injured by the corporation so appropriat- 
ing sucii streets or roads, before such corporation shall have the right 
to lay any track or locate any depot over, under or upon such streets or 
roads. 

Fourth — From time to time to borrow such sums of money as may be 
necessary for the construction, completion and furnishing or repairing 
of such station or depot, and to issue' or dispose of their bonds for such 
amounts, at such prices as they shall think proper, and to mortgage 
their corporate property and franchises for the purpose of securing the 
same. 

Fifth — To 0})en, from time to time, books of subscription to the re- 
mainder of the capital stock not taken by the subscribers to the articles 
of association. The general assembly shall have power to enact, from 
time to time, laws to prevent and correct abuses, and to prevent unjust 
discrimination and extortions in the management and ])rosecution of 
the business of any corporation formed under this act, and to enforce 
such laws by adequate penalties. 

§ 5. After the directors named in the articles of incorporation shall 
have served for one year, there shall be an annual election of directors, 
to be conducted in the manner prescribed in the constitution of this 
state. The directors so elected shall serve for the ensuing year, and 
notices of such election, appointing a time and place, shall be given by 



RAILROADS. 



99 



the directors as originally constituted for the first annual election, atid 
thereafter by tlieir successors in office, which notice shall be publisried 
not less than twenty days previous thereto, in some newspaper published 
in the English language, in the city, town or place in which said station 
or depot is located. 

§ 0. There shall be no discrimination against or in favor of any rail- 
road company using or desiring to use the said union depot, but the 
terms, conditions and regulations adopted for the use of the same, shall 
be, so far as practicable, uniform, and apply alike to all railroads using 
or desiring to use said union depot. 

Appkoved April 7, 1875. 



EEFUNDING FUNDS. 



STATE SOLE TRUSTEE of || OF TAX OF 1873. 



5 1. 

§2. 
§3. 
§4. 
§5. 
§6. 

§7. 



§9. 



State sole trustee of 29-36 of tax of 1873. 

Kemedy exclusive. 

Such funds in the treasury. 

Refunding. 

state treasurer to credit tax payers. 

When auditor to draw his warrant on state 

treasurer. 
Amount paid to county treasurers for use of 

tax-payers — notice to l)e given. 

When county collector not paid over to state 

trciisurer. 
When countv treasurer shall refund. 



§ 10. When corporation or person cannot produce 

tax receipt. 
§ 11. Collector's hooks exclusive evidence. 
§ ]2. Compensation for clerk hire — treasurer's 

hond. 
§ 13. Penalty for neglect or refusal to pay over. 

§ 14. Persons guaranteed from loss — defense — ap- 
peal. 

§ 15. Duty of attorney-general and state's attor- 
neys underact. 

§ IC. Emergency. 

In force March 26, 1875. 



An Act to declare and constitute the State of Illinois sole traUee of tkit 
portion of the state tax levied, assessed and collected ft r the yorir L873, 
in excess of -||- thereof; and to provide e.vclnsive remedies, for the com- 
plete refunding of the same to the tax-payers of the state ivho haoe paid 
such excess, and for the protection of the tax payers enHtled thereto, a>i'l 
of counties, and of all officers or persons connected with the collection, 
custody or payment thereof 

Section 1. Be it enacted by the People of the State of Illinois, repie- 
sented in the General Assembly, That the state of Illinois, in its sov- 
ereign and corporate capacity, is hereby declared to be and constituted 
the sole and exclusive trustee for the use of all the tax-payers of this 
state who have paid more than || of tiie state tax levied and assessed 
against them for the year 1873, on account of the operation of the act 
of the general assembly of this state, entitled "An act to furid and pro- 
vide for paying the railroad debts of counties, townships, cities and 
towns," in force April 16, 1869, of all of the excess over || of such tax 
which such tax-payers have respectively paid, and which was not, before 
so much of said act as authorized the levy of such excess was declared 
by the supreme court of this state to be abrogated by the present con- 
stitution of this state, carried to the credit of a local bond fund, and 
paid out of the state treasury for the redemption and payment of the 
bonded indebtedness of any such county. 



100 EEFTINDING FUNDS. 



§ 2. That the remedy hereinafter provided for the refunding to the 
said tax-payers the amount of such tax illegally levied^ assessed and 
collected by the authority of this state shall be deemed and held to be^ 
in all courts and places whatsoever, exclusive, and all other existing 
remedies whatsoever, whether at law or in equity, or otherwise, as to the 
same, are hereby expressly abolished. 

§ 3. All of such funds which have been ordered into the state treasury 
by the auditor, and receipted for by the state treasurer for the time 
being, and which are now actually in the state treasury, are hereby de- 
clared to be a trust fund for the uses aforesaid, subject to the limita- 
tions, however, in this act provided, to be termed the "refunding fund.'^ 
And all of such funds which have been ordered into the state treasury 
by the auditor, and receipted for by the state treasurer for the time 
being, which are not now actually in the state treasury, shall immedi- 
ately be paid over to the treasurer of the state by the person or persons 
or any of them retaining or holding or haviug control over the same,, 
and when so paid over to said treasurer shall be added to said "refund- 
iug fund." 

§ 4. That there be refunded in the manner hereinafter provided, to 
the tax-payers of the state who have paid more than |^ of the state tax 
levied and assessed against them for the year 1873, all of the excess 
over II of such tax which such tax-payers have respectively paid^ except 
as hereinafter provided. 

§ 5. When all of said funds ordered by the auditor into the state 
treasury shall have been actually paid therein, it shall be the duty of 
the state treasurer to credit the tax-payers of each county with the 
amount estimated and certified by the auditor as hereinafter provided, 
out of which amount so estimated, certitied and credited, the warrants 
of the auditor hereinafter provided for, shall be paid. 

§ G. The auditor of public accounts shall estimate and certify to the 
county clerk of each county which shall have paid into the state 
treasury more of the state taxes collected for the year 1873 than would 
have been produced by the rate of 29 cents on each one hundred dollars 
valuation of the assessment of 1873, (and also to the state treasurer,) 
the amount paid in excess of such rate. But if the amount paid into 
the state treasury by the collector or treasurer of such county is in ex- 
cees of If of the amount collected in such county, at thirty-six cents on 
each one hundred dollars valuation, and such excess has been in full or 
partially applied on the payment of the bonded indebtedness of such 
county, the amount so applied shall be deducted from such excess, and 
the amount remaining shall be certified. And the auditor, upon ascer- 
taining the amount due from the state to the tax-payers of any county, 
shall draw his warrant on the state treasurer, payable out of the amount 
credited to the tax-payers of such county of said "refunding fund," in 
favor of the county treasurer of such county, for said amount ; and the 
amount of said warrants, respectively, is hereby appropriated, payable 
in the manner aforesaid. 

§ 7. The amount so paid upon such warrants to said county treas- 
urers shall be received by them in their official capacity, and shall be 
credited to a trust fund for the use of the tax-payers entitled thereto, 
to be termed the "refunding fund" of such county, and upon payment 
of such money into the county treasury, the county treasurer shall im- 
mediately give four weeks' notice in some newspaper published in such 



REFimDING FUNDS. 101 



county, or if none be there published, then in the nearest newspaper 
thereto in the state, that he is ready to refund such tax so paid. 

§ 8. If the county collector of any county has not paid over to the 
state treasurer the amount of state tax collected of the levy of 1873, in 
excess of twenty-nine thirty-sixths thereof, or has paid ov^er a portion of 
such excess and retained a portion, such county collector shall pay such 
excess not paid over to the state treasurer into the county treasury of 
bis county, and the same shall be credited to the " refunding fund" of 
such county, and all of such funds which have been heretofore paid over 
to any such county treasurer shall also be held to be a part of and be 
credited to such "refunding fund." 

§ 9. Any person or corporation having paid any portion of the state 
tax assessed for the year 1873, in excess of twenty-nine thirty-sixths 
thereof, upon i)resenting his or its tax receipt for 1873, covering the 
same, to the county treasurer of the county where such tax was paid, 
the county treasurer of such county shall refund to such person or cor- 
poration the amount by him or it paid in excess of twenty-nine thirty- 
sixths of the state tax of 1873 contained in such receipt, indorsing the 
amount paid on such receipt, and shall also take from such tax payer a 
separate receipt for the amount paid, which shall be tiled in the office of 
the county clerk, and the amount reported in the monthly report of such 
county treasurer and credited to his account. And if said money or 
any part thereof is not called for, and such tax receipt presented to the 
county treasurer within two years from the taking effect of this act, the 
person or corporation having paid the same shall be forever barred from 
receiving or demanding the same, and the balance and residue remain- 
ing uncalled for, of such refunding fund, may be used as county reve- 
nue: Provided^ that this section shall not apply to counties where the 
excess over twenty-nine thirty-sixths of the state tax of 1873 has 
been in full or partially applied by the state treasurer upon the bonded 
indebtedness of such counties, as to the amount so applied, but in such 
counties the balance shall be paid upon tax receipts ^ro rata: And jrro- 
tuded, furtker^ that tlie county orders drawn in pursuance of an order 
of the county board of any county upon such fund in the manner here- 
inafter provided, shall be paid out of such fund, whether the same be 
drawn before or after the expiration of said two years; and no use of 
such funds, after the expiration of such two years, shall prevent the 
payment thereof by the county treasurer upon presentation. 

§ 10. If any )>erson or corporation shall, from any good and sufficient 
reason, be unable to produce the tax receipt for 1873, such person or 
corporation shall present their claim to the county board, verified by 
the affidavit of such person or the agent of such corporation, and such 
other evidence of payment as may be required by such county board, 
and sucli c aimaut, if the claim be for tax on realty, shall be required 
to give the description of the real estate on which said claimant desires 
to recover back the amount paid in excess of §| of the state tax of 1873, 
and if the amount claimed, or any portion thereof, shall be allowed by 
such county board, the clerk shall issue to such chximant an order on 
the county treasurer for the amount so allowed, which shall be paid by 
the county treasurer out of the "refunding fund" of such county. 

g 11. The county clerk, or person having in charge the collector's 
books for the year 1873, shall, upon the application of the county trea- 
surer, turn over to him the said books of that year. And the said col- 
lectors books shall be taken bv said countv treasurer as conclusive evi- 



102 REFUNDING FUNDS. 



dence of the amount of state tax paid by the person making application 
to such treasurer for the excess over |-| of the state tax of that year, 
and at the expiration of the time limited for refunding said tax the 
county treasurer shall return said books to the county cl.*rk. 

§ 12. It shall be the duty of the county boards in the several coun- 
ties in this state, having any of this fund in the county treasury, to 
provide such additional compensation for clerk hire as they may deem 
proper, and to provide all necessary books and blanks necessary for the 
keeping of the said accounts of said treasurer with said fund and the 
tax payers of said county. And the said board may, at any time io 
their discretion, require the said treasurer to iile a bond, with security, 
to be approved by the board, conditioned for the faithful performance 
of his duties under the provisions of this act, and that he will faithfully 
account for all moneys that have or may hereafter come to his hands, 
belonging to the "lefundiug fund," and that he will pay over the resi- 
due, if any, remaining in his hands at the expiration of two years from 
the taking effect of this act, or to his successor in office. 

§ 13. If any state, county, town, municipal or other officer or person^ 
who now is or hereafter may be authorized by this law to collect, receive, 
safely keep or disburse any of this "refunding fund,^ belonging to the 
tax payers of this state, or if any person or persons having any of said 
fund iu his or their possession or custody, shall fail or refuse to pay over 
or deliver the same when required by this act, ten days after den)and 
being made by the officer entitled to receive the same under the provis- 
ions of this act, he or they shall be imprisoned in the penitentiary not 
less than one nor more than ten years: Proi7if7e(7, such demand need 
not be made when, from absence or fault of the offender, the same can- 
not conveniently be made, and any person convicted under the provis- 
ions of this section shall forever thereafter be ineligible and disqualified 
from holding any office of honor or benefit in this state. 

§ 14. Any state, county, town or other officer, or any person who was 
such, who may have collected any portion of such state tax, or who has 
had or may now or hereafter have the same in his possession or control, 
and who has heretofore, or who shall hereafter pay the same into the 
proper treasury, or to the officer entitled to the custody of the same, 
under this act, or in accordance with the i)rovisions of the same, or in 
accordance with the laws of this state with relation to state taxes, is 
hereby guaranteed from loss on account of such collection, possession 
or payment. And any suits or other legal proceedings against any such 
officer or person who has been or may be such, or against any county, 
on account of such "refunding fund"' being in its treasury, shall be de- 
feuded at the expense of sucli county, by the stater's attorney thereof, 
ami the attorney general of the state, with full powers to appeal and to 
prosecute writs of error from all courts of record in this state or of the 
United States, to the highest judicial tribunal, and with full power to 
execute, file and deliver a bond in the name of the People of the State 
of Illinois, in all such courts, either as principal or as surety. And in all 
of the courts of this state any judgment or decree rendered on account 
of any such taxes may be appealed from, or, in any proper case, a writ 
of error prosecuted therefor, and a supersedeas obtained upon a bond 
executed as provided in this section, iu the name and by the People of 
the State of Illinois, without other principal or surety : and all or any 
of the bonds provided for by tliis section are hereby expressly ratified. 
And any such final judgment or decree against any such officer or per- 



KEFIJNDING FUNDS. 103 



son whicli shall not be reversed, shall be satisfied out of the treasury of 
the proper county. 

§ 15. In case any money of such excess of such state tax is not paid 
over or into the proi)er treasury, as provided for in this act, it is hereby 
expressly made the duty of the state's attorney of the i>roi)er county, 
and of the attorney-general, to take prompt legal steps to enforce obe- 
dience hereto, with the same rights of appeal, of prosecuting writs of 
error, and of giving bond as are i)rovided in the i)recediug section. And 
in all cases arising under this act, or contemplated herein, the attorney- 
general shall have all the powers now given hiui in other cases by gen- 
eral law, 

§ W. Whereas a large amount of money remains in the custody and 
control of state and county officers, which rightfully belongs to the tax 
payers of the state who have paid the same, therefore an emergency is 
hereby declared to exist, and this act shall take effect and be in force 
from and after its passage. 

Appeoved March 26, 1875. 



SNY CAKTY EIYER. 



§ 1. Eepeal act of 1859, declaring Sny Carty I § 2. Emergency. In force llarcli 29, 1875. 
navigable. ' j 

An Act to repeal an act entitled '■'■An act declaring the Sny Carty^inPi'ke 
and Adams counties^ navigable," and all other laws noio in force declar- 
ing the same navigahle. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That an act entitled "An act declaring 
the Sny Carty, in Pike and Adams counties, navigable," approved Feb- 
ruary 24, 1859, and all other laws now in force declaring the same navi- 
gable, be and the same are hereby repealed. 

§ 2. By reason of the progress of work on the Sny Island levee, now 
being constructed in said counties, an emergency exists, and therefore 
this law shall take effect and be in force from and after its passage. 

Appeoved March 29, 1875. 



104 



STATE INSTITUTIONS. 



STATE INSTITUTIONS. 



STATE CHARITABLE INSTITUTIONS AND KEFORM SCHOOL. 



§ 1. Charitable and correctional institutions 

named and continued. 
§ 2. The powers of the trustees defined. 
§ 3. The object of the hospitals for the insane. 

§ 4. The ol'.ject of the institutions for the deaf 
and dumb the blind and feeble-minded. 

§ 5. The object of the Soldiers' Orphans' Home. 

§ 6. The object of the Eye and Ear Intirmary. 

§ 7. Management by board of three trustees — 

appointment of. 

§ 8. Goveruormayiemoveaud appoint trustees. 

§ 9. Trustee to take an oath. 

§ 10. Powers of board of trustees. 

§ 11. Compensation of trustees. 

§ li. Powers and duty of superintendent. 

§ 13. Officers of board of trustees. 

§ 14. Treasurer and superintendent to give a 
bond. 

§ 15. Books and papers liable to inspection. 

§ 16. Duty of treasurer. 

§ 17. Meetings of trustees — inspection of insti- 
tutiou. 



§ 18. 

§ 19. 
§ 20. 
§ 21. 

§ 22. 
§ 23. 
§ 24. 
§ 25. 
§ 26. 

§. 27. 

§ 28. 
§ 29. 
§ 30. 

§ 31. 

§ 32. 



When treasurer and superintendent to 
report — appropriaiion — when payable. 

Appropriations for ordinary e.xpenses. 

"When special ajipropiiations to be drawn. 

"When money not required for use, etc., to 
be paid into state treasury. 

No officer to be interested in contract. 

Purchasing sup])lie8. 

Eegister to be kept. 

Record of stores. 

Who may be admitted, and upon ■what 
terms. 

"When clothing and transportation fur- 
nished at expense of county. 

Eeports of trustees. 
Printing reports. 

Commissioners of public charities — ^powers 
of extended. 

Superintendent of public instruction to 
visit certain institutions. 

Eepealiug clause. 

In force July 1, 1875. 



An Act to regulate the State charitable institutions and the State Beform 
School, and to improve their organization and increase their efficiency. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the state institutioos hereinafter 
named, are hereb}^ recognized and coutinued, and that they shall here- 
after be known and designated by their respective titles, as expressed 
in this section, namely : 

charitable. 

The Illinois Central Hospital for the Insane, at Jacksonville. 

The Illinois Northern Hospital for the Insan<?, at Elgiti. 

The Illinois Southern Hospital for the Insane, at Anna. 

The Illinois Institution for the Education of the Deaf and Dumb, 
at Jacksonville. 

The Illinois Institution for the Education of the Blind, at Jack- 
sonville. 

The Illinois Asylum for Feeble-minded Children. 

The Illinois Soldiers' Orphans' Home, at Normal. 

The Illinois Charitable Eye and Ear Infirmary, at Chicago. • 



CORRECTIONAL. 



The Illinois State Reform School, at Pontiac. 

§ 2. The trustees of each of the said state institutions shall be a 
body corporate and politic, for certain purposes, namely : To receive, 
hold, use and convey or disburse moneys and other jjropert}^, real 



STATE INSTITUTIONS. 105 



persoual, in the name of said corporations, but in trust and for tlie use 
and by tlie authority of the state of Illinois, and to control, manage 
and direct the several trusts committed to them respectively, including 
the organization, government and discipline of all officers, emi)loyees 
and other inmates of said institutions, with power to make contracts, to 
sue and be sued, i)lead and be impleaded, to have and to use a common. 
seal and to alter the same at pleasure, and to exercise all other ])Owers 
usually belonging and incident to such corporations and necessary for 
the successful discharge of the obligations devolving by law upon said 
boards of trust: ProtHcled, that they shall not have i)Ower to bind the 
state by any contract beyond the amount of the ai)proi)riations which 
may at the time have been made for the purposes expressed in the con- 
tract, nor to sell or convey any i)artof the real estate belonging to their 
respective institutions without the consent of the legislature, except 
that they may release any mortgage or convey any real estate which 
may be held by them as security for any money or upon any trust the 
terms of which authorize such conveyance : And., ])rovided. further, that 
the general assembly shall have power, at any time, to amend, alter, 
revoke or annul the grant of corporate powers herein contained or here- 
tofore expressed in any and all charters previously granted to any of 
said institutions. 

§ 3. The object of the hospitals for the insane shall be to receive and 
care for all insane or distracted persons residing in the state of Illinois, 
who may be committed to their care in accordance with law, and to fur- 
nish all needed medical treatment, seclusion, rest, restiaint, attendance, 
amusement, occupation and support which may tend to restore their 
health and recover them from insanity, or to alleviate their suffering : 
Provided, that the trustees shall have power to discharge patients and 
to refuse additional applications for admission to the hospitals under 
their care, wdienever, in their judgment, the interests of the insane de- 
mand such discharge or refusal, and that in the admission and retention 
of patients, curable and recent cases shall have the preference over 
cases of long standing, and that violent, dangerous or otherwise trou- 
blesome cases shall have the preference over those of an opposite de- 
scription. 

§ 4. The object of the institutions for the education of the deaf and 
dumb, and of the asylum for feeble-minded, shall be to promote the intel- 
lectual, moral and physical culture of the classes of persons indicated 
in their titles, respectively, and to tit them, as far as possible, for earn- 
ing their own livelihood and for future usefulness in society. 

§ 5. The object of the soldiers' orphans' home shall be to provide a 
home for the nurture and intellectual, moral and physical culture of all 
indigent children below the age of fouiteeu years, whose fathers served 
in the armies of the Union during the late rebellion, and have died or 
been disabled by reason of wounds or disease received therein, or have 
since died : Provided, that in special cases of peculiar inability of a pu- 
pil to support himself, or herself, the trustees may retain such pujul, al- 
though above the age of fourteen years, and until such pupil has 
reached the age of sixteen, beyond which no pu|)il shall be retained. 

§ 6. The object of the charitable eye and ear infirmary shall be to 
provide gratuitous board and medical and surgical treatment for all in- 
<ligent residents of Illinois, who are afdicted with diseases of the eye 
or ear. 



106 STATE INSTITUTIONS. 



§ 7. The management of each of the state charitable institutious and 
of the state reforoi school shall be vested in a board of three trustees, 
to be appointed by the governor, by and with the advice and consent of 
the senate, and to be divided into three classes, and one class appointed 
every two years, to serve for six years from tlie first of March in each 
year bearing an odd number, as follows: Upon the taking effect of this 
act three trustees shall be appointed for each charitable institution, and 
for the state reform school, of whom one-third shall serve until the first 
of March, A. D. 1877, one-third shall serve until the first of March, 
1879, and one-third shall serve until the first of March, 1881, as may be 
determined by lot ; and their successors, respectively, shall serve for 
six years each, and in every case a trustee shall hohl his office until his 
successor is appointed and qualified: Provided., that not more than one 
trustee for the same institution shall be ajjpointed from or reside in any 
one county, and that no person shall be appointed or serve as trustee of 
more than one institution at one and the same time : And, provided, 
further, that no superintendent or emjiloyee of any of said institutions 
shall be trustee thereof. 

§ 8. The governor shall have power to remove any trustee for ineffi- 
ciency or other good and sufficient cause; and every vacancy occurring 
from death, removal, or otherwise, shall be filled for the remainder of 
the unexpired term in the same manner as prescribed in the seventh 
section of this act, but if the senate be not in session when such vacancy 
occurs, the governor shall fill such vacancy, subject, however, to the ap- 
proval of the senate at its next regular session. 

§ 9. Every person appointed as trustee of any state institution shall, 
before entering upon the duties of his office, take and subscribe the oath 
prescribed in the twenty-fifth section of the fifth article of the coustitu- 
tiou of the state of Illinois, which oath shall be filed in the office of the 
secretary of state. 

§ 10. Each of the boards of trust appointed in accordance with the 
provisions of this act shall have charge of the general interests of the in- 
stitution committed to its care, and shall have the power to appoint such, 
officers and other agents, not herein otherwise provided for, as may be 
needed for the successful management thereof, to define their duties, to 
fix their compensation, to remove and discharge them whenever, in their 
judgment, the welfare of the institution demands, and to make all ne- 
cessary by-laws, rules and regulations for the government of the institu- 
tion and its inmates : Provided, that no person shall be appointed su- 
perintendent of either of the hospitals for the insane, nor j;or the insti- 
tution for the education of the feeble-minded children, who is not an 
educated and competent physician. 

§ 11. The trustees shall receive no compensation for their services ; 
but the actual expenses of each of them, while engaged in the perform- 
ance of the duties of his office, shall be audited by the board and j)aid 
out of the funds of the institution. 

§ 12. The principal executive officer of each of the state charitable 
institutions shall be officially known and designated as the superinten- 
dent of said institution. He shall be the financial agent of the trustees, 
and shall have charge of the premises, property and inmates, subject to 
their direction. He shall, with the consent of the trustees, appoint all 
subordinate officers and employees, and assign them their respective 
duties, and may at any time discharge them from service. He shall see 
that all offiuars, agents and employees of the institution faithfully dis- 



STATE INSTITUTIONS 107 



charge tlieir duties, and sluill be directly responsible to the trustees for 
the economy, el'liciency and success of the internal nianagen»ent. In all 
institutions which furnish board to the inmates, the suj)erintendent 
shall reside in the institution. 

§ 13. The trustees of eacii of the state institutions shall nppoint one 
of tht'ir own number to be president of the board and shall apjtointsoine 
person not a member of the board to be treasurer of the institution. 
They shall also appoint such person as they may select to be their sec- 
retary. 

§ 14. The treasurer and superintendent, before entering upon the 
duties of their oflHce, shall each give bond payable to the People of the 
State of Illinois, in such amount and with such sureties, not less thau 
two, as sliall be approved by the trustees and by the governor, condi- 
tioned for the faithful performance of the duties of their ofitice, which 
bond shall be fiied in the office of the state commissioners of public 
charities, at Springfield. 

i; 15. The books and papers of the treasurer shall be open at all 
times to the inspection of any of the trustees of his institution, officers 
of state, members of the general assembly, or state commissioners of 
public charities. 

§ 16. The treasurer shall receive and be custodian of all moneys due 
or belonging to the institution, whether derived from the state treasury 
or I'rom other sonnies, and the superintendent, or any other officer into 
whose hands any moneys rightfully belonging to the institution may 
chance to come, shall pay over all such moneys in full to the treasurer, 
at least once in every month. The treasurer shall not pay out any of 
the funds of the institution except on proper vouchers, namely, on the 
order of the board of trustees by such agent as the board may appoint, 
and the original orders u()on which said funds are paid out shall be re- 
turned from tiuie to time to the trustees, to be filed in the ofhce of the 
institution and there permanently preserved, and the president of the 
board shall give his receipt to the treasurer for said orders when re- 
turned, showing in detail their numbers and amounts, which receipt 
shall be a final clearance of the treasurer from all further responsibility 
for said moneys so paid. The treasurer shall keep an itemized account 
in a substantially bound book, showing, under appropriate heads, all 
the receipts and disbursements, in detail, with the date when and the 
parties from or to whom the same were received or paid, and also the 
current number of the order of the trustees upon which each cash pay- 
ment is made. 

§ 17. The trustees shall hold regular stated meetings of the board, 
at the institution, at least as often as once in every three months, at 
such times as they may appoint, and called meetings at the request of 
any owe of their number. A majority of the board shall constitute a 
quorum to do business. At each regular meeting they shall inspect the 
institution under their charge, and they, or any one of them, may visit 
and insi)ect the same at any time. 

§ 18. At each stated meeting of the board, the treasurer shall make 
a full report of all moneys received and paid out by him, accompanying 
the same with a copy of his itemized account, which account shall be 
verified by affidavit, and make settlement with, the trustees. The 
superintendent shall present to the trustees an itemized statement of 
the kind, quality and cost of all articles purchased for the institution 
during the interval since the last regular meet ng of the board, and a 



108 STATE INSTITUTIONS. 



classified summary of expenses incurred, with which the report of the 
treasurer shall be compared. The trustees having examined said reports 
and accounts of the superintendent and treasurer, and the balance in 
the treasurer's hand, together with the amount of outstanding unpaid 
liabilities, shall indorse their approval thereon and transmit the same, 
with duplicate vouchers accompanying, to the state commissioners of 
public charities, at Springfield, to be filed in their office for inspection 
at any time by the governor and by the members of the general assem- 
bly. And no installment of any appropriation heretofore or hereafter 
made by the general assembly shall be due or payable to any of the state 
institutions until the state commissioners of j)ublic charities shall have 
certified to the governor the accuracy of the said statements and accom- 
panying vouchers, which certificates shall be approved by the governor, 
and delivered to the auditor of public accounts. 

§ 19. All appropriations for the ordinary expenses of a state insti- 
tution shall be due and payable from the state treasury quarterly, in 
advance, unless otherwise specified in the act making said ai)propria- 
tions. But no appropriation, ordinary or special, nor any installment 
thereof, sljall be paid to or for the benefit of any institution, by the treas- 
urer of state, except upon the warrant of the auditor of public accounts, 
nor shall the auditor draw his warrant therefor except upon the order of 
the board of trustees signed by the president and attested by the secre- 
tary, with the corporate seal of the institution, accompanied by the 
certificate of the commissioners of public charities, api^roved by the 
governor, as specified in the eighteenth section of this act. 

§ 20. iSTo portion of any special appro])riation for the erection of any 
building or for the doing of any work, or for any purpose other than ordi 
nary expenses, shall be drawn from the state treasury in advance of the 
work done or materials furnished, and then only upon proper estimates 
thereof, approved bj' the trustees, which estimates shall be filed in the 
office of the commissioners of public charities -, and no portion of any 
appropriation for any purpose shall be drawn from the state treasury 
before it shall be required for the purpose for which it is made; and no 
appropriation which is or may be made for one purpose sliall be drawn 
or used for any other purpose ; and if at any time hereafter the sum 
appropriated by the general assembly for any specific purpose shall be 
found iusutficient to complete and accomplish the i)urpose for wbich 
said appropriation is made, then no part of said sum so appropriated 
sliall be expended or drawn from the state treasury, nor shall any lia- 
bility on the part of the state be created on account of said appropria- 
tion. 

§ 21. All moneys which have been heretofore, or which may be here- 
after appropriated to any state institution for any purpose, other than 
for ordinary expenses, and which remain in the hands of the trustees of 
such institution, and are not required for the uses for which the same 
were appropriated, shall be paid into the state treasury immediately on 
the taking effect of this act. 

§ 22. No trustee, treasurer, superintendent or other officer or ageut 
appointed by virtue and under the provisions of this act, shall be 
directly or indirectly interested in any contract or other agreement for 
building, repairing, furnishing or supplying said institutions. Any vio- 
lation of this section shall subject the offender, on conviction, to be pun- 
ished by a fine of not more than double the amount of said contract or 



STATE INSTITUTIONS. 109 



agreeineiit, or by iiii prison nietit in the penitentiary for a term of not less 
than one nor more than three years. 

§ 23. In the matter of the purchase of supplies for an institution, 
the trustees sliall cause such i)urchase to be made ^vherever the best 
grade of articles of suitable quantity can be bought at the lowest price, 
and, so far as practicable, in large rather thau in small quantities, and 
they shall, if in their judgment it can be done to advantage, adv^ertise 
for proposals for staple supplies, such as meat, flour, sugar, colfee, tea, 
fuel, and other staple articles, and make contracts for the furnishing of 
the same in bulk or in quantities as may be needed for use: I'rovided, 
that the trustees shall have power, by themselves or by their financial 
agent, to terminate and annul such contract whenever the sup})lies fur- 
nished do not fully correspond in quality and quantity to the samples 
previously furnished by the contractors, and to the letter and spirit of 
the proposals made by them : And, pro7)ided, further, that no draw- 
backs, presents, or secret discaunts shall be given to or received by any 
person whatever on account of any articles or materials furnished to or 
labor done for any state institution, and a violation of this proviso shall 
subject the offender, on conviction thereof in any court of record, to a 
fine of not more than one thousand dollars or imprisonment in the pen- 
itentiary for a term of not less than one nor more than three years. 

§ 24. Every state institution shall keep a register of the number of 
ofbcers, employees and inmates present each day in the year, in such 
form as to admit of a calculation of the average number present each 
mouth. 

§ 25. Every state institution shall, so far as may be practicable^ 
keep a record of stores and supplies, showing the amount of stores, etc., 
received and issued, with the dates and the names of the jjarties from or 
to whom tlie same were received or issued. 

§ 2(3. All residents of the state of Illinois who are or may become in- 
mates of any of the state charitable institutions, shall receive their board, 
tuition and treatment free of charge during their stay. The residents 
of other states may be admitted to said institutions upon the payment 
of the just costs of said board, tuition and treatment: Frovided, that 
no resident of another state shall be received or retained, to the exclu- 
sion of any resident of the state of Illinois : And, provided, further, that 
should any inmate be unwilling to accept gratuitous board , treatment 
or tuition, then any superintendent of a state charitable institution is 
hereby authorized to receive pay therefor, and is required to account 
for the same in an itemized monthly or quarterly statement to the trus- 
tees, as donations, duly credited to the persons from whom they were 
received ; and if any superintendent shall receive any moneys for the 
purpose of furnishing extra attention and comforts to any inmates of 
the institution under his charge, he shall account for the same, and for 
the expenditures, in like manner, to the trustees : And provided, further, 
that until July 1, 1877, superintendents of state institutions are hereby 
authorized to charge for board to inmates as heretofore authorized by law. 

§ 27. In all cases where persons sent to the institution for the 
blind, the institution for the deaf and dumb, or the institution for feeble- 
minded children, are too poor to furnish themselves with sufficient cloth- 
ing and pay the expenses of transportation to and from the institution, 
the judge of the county court of the county where any such person re- 
sides, upon the application of any relative or friend of such peison, or of 
any officer of his town or county (ten days' notice of which ai)plication 
shall be given to the county clerk), may, if he shall deem such person a 



110 STATE INSTITUTIONS. 



proper subject for the care of either of said institutions, make an order 
to that etfect, which shall be certified by the clerk of the court to the 
principal or superintendent of such institution, who shall provide the 
necess;ary clothing and transportation at the expense of the county, and 
upon his rendering his proper accounts therefor semi-annually, the 
county board shall allow and pay the same out of the county treasury. 

§ 28. On or before tlie first day of November j)receding each regular 
session of the general assembly, the trustees of each of the state institu- 
tions named in this act shall make out and transmit to the state com- 
missioners of public charities, and they, if they find the same to be cor- 
rect, shall deliver the same to the governor, a full and detailed report 
of all their transactions and doings for the two years ending on the 
thirtieth day of September immediately j)receding, showing, for the two 
years, and for each of them, separately, the number of inmates admitted 
and discharged since their last report, the number then remaining in 
the institution, the average annual attendance, the receipts, disburse- 
ments and expenditures of moneys or other funds, the valuation of 
property in the hands of the trustees, the amount of each appropriation 
or fund under their control, and the balance thereof remaining unex- 
pended in their hands or in the treasury of the state. The reports re- 
quired by this section shall be accompanied with a cash statement made 
by the treasurer of the institution, and with such other information, 
financial, statistical or otherwise, in such tabulated forni as the com- 
missioners of public charities may prescribe and require: Frovided, 
that the said commissioners shall prescribe forms of statements as 
nearly uniform as may be practicable for all the institutions, to the end 
that their accounts may be compared and consolidated for the informa- 
tion of the general assembly : And^ provided^ further^ that the said com- 
missioners may call for arid require special reports when, in their judg- 
ment, the ])ublic interest shall demand the same. 

§ 29. The number of copies of the several reports of the state insti- 
tutions named in this act, now or hereafter prescribed by law, shall be 
printed and published under the supervision of the state commissioners 
of public charities, who shall have said rei)orts printed, bound and 
leady for distiibution to the members of the general assembly, within 
ten days after the meeting thereof. 

§ 30. The board of state comniissioners of public charities, created 
by an act approved April 9, 1869, is hereby recognized and continued, 
and the powers heretofore granted to said board, of visitation, investi- 
gation, inquiry, counsel, recommendation and report, with respect to 
the management and affairs of the state and county charitable and cor- 
rectional institutions, are hereby confirmed, and the same jurisdiction 
now exercised -by said board over a portion of the state institutions is 
extended so as to apply to all penal institutions, all of which shall here- 
after be subject to visitation and investigation by said board. 

§ 31. It shall be the duty of the superintendent of public instruction 
to visit such of the charitable institutions of the state as are educational 
in their character, anil to examine their facilities for instruction j and 
the several su[)erintendents of these institutions shall make to him re- 
ports, at such times, on matters educational relating to their institu- 
tions, and in such forms as he may prescribe. 

§ 32, All acts and parts of acts inconsistent with the provisions of 
this act are hereby repealed. 

Approved April 15, 1875. 



TOWNSHIP ORGANIZATION. Ill 



TOWNSHIP OKGANIZATION— (AiiT. XI.) 

§ 1. Anieiul section 2, article 11, act of 1874 — Supervisors to receive and pay out all money, except, 
etc. — To mako statement. — Duty of town clerk. In foice July 1, 1875. 

An Act to amend section two of article fllj eleven, of an act entitled 
'^An act to rein.se the law in relation to township organization^^'' approved 
March 'ith, 1874. 

Section 1. Be it enacted hy the People of the State of Illiiiois, repre- 
sented in the General A.smemhly, That section (2) two, of article (II) eleven 
of ail act entitled "An act to rexise the law iu relation to town.sbip or- 
ganization," approved March 4, 1874, be amended to read as follows : 

ARTICLE ELEVEN (11). 

"§ 2. The supervisor of each town shall receive and pay out all 
moneys raised therein for defraying- town charges, except those raised 
for the support of highways and bridges, and he shall, on or before the 
Tuesday next preceding the annual town meeting, prepare and tile with 
the town clerk a fnll statement of the fiuancial affairs of the town, show- 
ing, first, the balance (if any) received b^' him from his predecessor in 
office, or from any other source; second, the amount of tax levied the 
preceding year lor the payment of town indebtedness and charges; third, 
the amount collected and paid over to him as supervisor ; fourth, the 
amount paid out by him, and on what account, including any amount 
paid out on town indebtedness, specifying the nature and amount of such 
indebtedness, and the amount paid thereon, how much on [)rincipal, and 
how much on interest account; fifth, the amount and kind of all 'out- 
standing indebtedness due and unpaid, and the amount and kind of in- 
debtedness not yet due, and when the same will mature. It shall be 
the duty of the town clerk to record the same in the record book of the 
town as soon as tiled, and post up a copy of the same at the place of 
holding the annual town meeting, two days before the meeting is held ; 
and he shall also read aloud such statement to the electors at such 
meeting. Any supervisor or town clerk who shall willfully neglect to 
comi)ly with the [»iovisions of this section shall forfeit and pay to the 
town the sum of not less than fifty nor more than two hundred dollars, 
to be sued for and recovered by said town in its corporate name, autl 
appropiiated to repairs of highways and bridges therein. 

Approved March 29, 1875. 



COMMISSIONERS OF HIOHWAYS. 

§> 1. Election of commissioners. i § 4. Emergency. 

§2. LeL;alizin^- acts heretofore done. | In force April 15, 1873. 

§3. Coinponsation of treasurer. | 

An Act to provide for the election of commissioners of highways in coun- 
ties under township organization, and to legalize the election and official 
acts of sHch as were elected in the year 1874 and 1875, and to jix the 
compenaation of the treasurer of such commissioners. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That in counties under township organ- 



112 UNIYERSITIES, COLLEGES, ETC. 

ization there shall be elected in each town, at the annual town meeting 
each year, one commissioner of highways, who shall hold his o£Sce 
three years, and until his successor is elected and qualiled. 

§ 2. In all cases where, during the year A. D. 1874 or 1875, commis- 
sioners of highways were elected and have qualified and entered, or 
may hereafter quality and enter, upon the discharge of their official 
duties, such election and official acts shall be considered as lawful and 
be of full legal force and effect. 

§ 3. The treasurer of the board of highway commissioners shall re- 
ceive for his services as such treasurer two per cent, on all moneys he 
may receive and pay out, except such moneys as he may pay over to his 
successor in office. 

§ 4. Whereas, no law is now in force providing for the election of 
commissioners of highways, therefore an emergency exists, and this law 
shall be in force from and after its passage. 

Approved April 15, 1875. 



UmVEESITIES, COLLEGES, ETC. 

TRUSTEES. 

§1. K"on-resi(ients eligible to the office of trustee. In force July 1, 1875. 

An Act to enable non-residents of this State to hold the office of trustee in 
colleges, universities and other institutions of learning not under the con- 
trol of officers of this State. 

Section 1. Be it enacted by the Feople of the State of Illinois, repre- 
sented in the General Assembly That, in all colleges, universities and 
other institutions of learning in the state of Illinois, not placed under 
the control of the officers of this state, whether organized under any 
general or special law, non-residents of this state shall be eligible to the 
office of trustee : Provided, that in no case shall more than one-third of 
the members of the board of trustees of any such institution of learn- 
ing be non-residents of this state. 

Approved April 2, 1875. 



» DEPAKTMEXT OF STATE, 

Spkisgfiel]), iLLliVols, April 28, 1875. 
I, George H. Haulow, Secretary of State of the State of Illinois, do hereby certify that the fore 
going priiiteit laws are true antl perfect copies of the enrol ed laws passed b.^ the Twenty-ninth Gen- 
eral Assembly of the State of Illinois, now on tile in this office, with the exception of the words 
printed in brackets, thus f J. 

GEO. H. HARLOW, 
[Seal.] iiecretary of State, 



JOINT RESOLUTIONS. 



ADJOURNMENT. 



Resolved hy the House of Representatives^ the Senate concurring herein^ 
That when the two houses of this G-eneral Assembly shall adjourn, on 
Thursday, April 15th, they shall respectively stand adjourned sine die. 



Resolved hy the House of Representatives, the Senate concurring herein, 
That this General Assembly adjourn si^ie die at 11:30 o'clock, of this 
15th day of April, A. D. 1875. 



AGRICULTURAL COLLEGE. 

Resolved by the House of Representatives, the Senate concurring herein, 
That the attorney-general be and is hereby instructed to proceed at 
once to secure and enforce, by law or otherwise, the rights of the state 
to the lands, buildings and other property of the "Irvington Agricul- 
tural College," and that he be required to report his proceedings at the 
first meeting of the Thirtieth G-eneral Assembly. 



CHARITABLE INSTITUTIONS AND NORMAL SCHOOLS. 

Resolved hy the House of Representatives, the Senate concurring herein, 
That the superintendents of the asylums for the insane, blind, deaf 
mutes and feeble minded, and the principals of normal schools and 
other public charitable institutions of this state, be and they are hereby 
required to report immediately, under oath, to this General Assembly, 
in detail : 

1st. The number of inmates of their respective institutions. 

—8 



114 JOINT RESOLIJTIONS. 



2d. The number and name of persons in their respective institutions 
paid for by themselves or by any other person for them, and the amount 
received from each. 

3d. A detailed statement of amount received for labor of inmates 
and from the sale of articles manufactured by inmates of respective in- 
stitutions. 

4th. The number of ofl&cers and employees in any manner connected 
with such institution, and the salaries received respectively by each. 

Resolved further, that a copy of these resolutions be at once furnished 
to the superintendent and priucipals of the institutions aforesaid. 



ELECTION BETURNS. 

Resolved hy the Souse of Representatives, the Senate concurring herein, 
That the tvro houses meet in joint session in the Hall of Representa- 
tives, on Monday. 11th inst., at 11 o'clock A. M., for the purpose of can- 
vassing the returns of the election for superintendent of public instruc- 
tion and treasurer of state in obedience to article five (5), section four 
(4), of the constitution. 



FEEBLE-MINDED CHILDREN. 

Whereas, the governor has in his message recommended the per- 
manent establishment and location of an institution for the education 
of feeble-minded children ; and, whereas, several places for the location 
of such an institution have been named in bills introduced in this House ; 
be it therefore 

Resolved hy the Senate of the State of Illinois, the House of Representa- 
tives concurring herein. That a committee of five be appointed, consist- 
ing of two senators to be named by the president of the Senate, and 
three members of the House, to be named by the speaker of the said 
House, to visit the residences of Ex- Governor John Wood, at Quincy, 
Illinois, and of Harvey B. Durfee, at Decatur, Illinois, to ascertain 
whether said residences are proper sites and buildings for said institution, 
and the price at which each of the same can be obtained by this state, 
and to report the result of such inquiry to the General Assembly, with 
convenient speed : Provided, that the committee, before examining any 
locality, shall visit the institution now in operation to ascertain the 
needs of such institution, before visiting Quincy. 



JOINT WESOLTJTIONS. 115 



HEATING. 



Resolved by the House, the Senate concurring herein, That a committee 
of two on the part of the House, and one on the Senate, be appointed 
to contract with some competent person to take charge of the heating 
apparatus of both houses. 



HENNEPIN CANAL. 

Whereas a bill is now pending in Congress, providing for construct- 
ing a canal from the Illinois river, near Hennepin, to the Mississippi, at 
or above Rock Island, therefore, 

Resolved by the Sejiate, the House concurring, T\\?it our senators in Con- 
gress be and are hereby instructed, and our representatives requested 
to vote for and use their influence to procure the passage of said bill, 
known as the Hennepin Canal Bill. 

Resolved, That the governor is hereby requested to telegraph the 
same to Hon. John B. Hawley, representative in Congress from the 
sixth district of this state. 



MISSISSIPPI river. 

Be it resolved by the House of Representatives of the State of Illinois, 
the Senate concurring herein, That our senators be instructed and our 
representatives in Congress be requested to solicit an appropriation 
from the government of the United States for surveying the Mississippi 
river, from the Gulf of Mexico to Cairo in the State of Illinois, for the 
purpose of ascertaining whether said river can be made navigable for 
the largest class of sea-going vessels. 



Whereas a bill has passed the House of Eepresentatives in the Con- 
gress of the United States for removing the obstructions at the mouth 
of the Mississippi ; therefore. 

Resolved by the Senate of the State of Illinois, the House conctirring 
herein, That the opening of the mouth of the Mississippi to the fiee and 
unobstructed commerce of the world is an object of great national con- 
cern, and th.'it our senators in Congress are hereby instructed to sup- 
port this bill or some other which shall speedily and eft'ectually accom- 
plish the work. 

Resolved, That the governor is hereby requested to telegraph the 
above preamble and resolution to our senators in Congress. 



116 JOINT EESOLTJTIONS. 



PATENTS. 

Resolved hy the House of Representatives^ the Senate concurring herein^ 
That our representatives in Congress be requested and our senators be 
instructed to use their influence to prevent the extension of i:)atents that 
may have expired ; and 

Resolved, further, That the secretary of state be instructed to forward 
a copy of these resolutions to each of our senators and representatives 
in Congress. 



PENSIONS, 1812. 

Resolved iy the House of Representatives, the Senate concurring therein. 
That our senators in Congress be instructed and our representatives be 
requested to favor the passage of an act of Congress granting pensions 
to all of the surviving soldiers of the war of 1812, and to their surviving 
widows, without any regard to the time said soldiers served or to the 
date of the marriage of the surviving widow of soldiers who have 
died. 

Resolved, That the secretary of state transmit a copy of the foregoing 
resolution to each of the senators and representatives in Congress from 
the State of Illinois. 



PENSIONS, 1846, 1847, 1848. 

Resolved hy the Senate of the State of Illinois, the House of Representa- 
tives concurring therein. That the United States senators from this state 
be instructed and the representatives in Congress from this state be re- 
quested to use all means in their power to secure the speedy passage of 
a bill now pending in the Congress of the United States, entitled "An 
act granting pensions to certain soldiers and sailors of the war of 1846, 
1847 and 1848, with Mexico, and the widows of deceased soldiers and 
sailors." 



PENSIONS — LATE WAR. 



Whereas, a bill is now before the federal Congress providing that 
pensions on account of death, wounds received or disease contracted in 
the service of the United States since March 4, 1861, which have been 
granted, or which shall hereafter be granted on application filed j)!"©- 



JOINT RESOLUTIONS. 117 



vious to January 1, 1875, shall commence from the date of death or dis- 
charge ; also, providing for the payment of arrears of i)ensions ; there- 
fore, 

Ixesolved by the House of Hejrresentatives, the Senate concurring herein, 
TLiat onr senators be instructed and our representatives in Congress be 
requested to vote for and use their influence to secure the passage of 
said bill as a just recognition of the services of the soldiers of the late 
war. 

Resolved, That the secretary of state be instructed to transmit a copy 
of this preamble and resolutions to our senators and representatives. 



REFUNDING ACT. 

Resolved by the Senate, the House of Representatives concurring herein, 
That the secretary of state is hereby directed to have 1,000 copies 
printed of an act entitled "An act to declare and constitute the state of 
Illinois sole trustee of that portion of the state tax, levied, assesse«l 
and collected for the year 1873, in excess of || thereof, and to provide 
exclusive remedies for the complete refunding of the same to the tax- 
payers of the state who have paid such excess, and for the protection of 
the tax-payers entitled thereto, and of counties, and of all officers or 
persons connected with the collection, custody or payment thereof," and 
that he send a printed copy thereof to all county clerks, county treasu- 
rers and county collectors in this state, and distribute the remainder to 
the executive officers of the state and members of the General Assem- 
bly. 



RULES. 



Resolved by the Senate, the House of Representatives concurring herein. 
That a joint committee on rules be appointed, to consist of three on the 
l^art of the Senate and five on the part of the House. 



STATE INSTITUTIONS. 

Resolved, by the Senate, the House of Representatives concurring herein. 
That all reports of state institutions made by virtue of joint resolutions 
of Senate and House be printed for the use of House and Senate. 



118 JOINT RESOLUTIONS. 



SWAMP LANDS. 

Whereas in section 2, of the act of Congress, approved March 2, 
1855, (see vol. 10 U. S. Statutes at large, p. 634); which act was amenda- 
tory to the act approved September 28, 1850, entitled "An act to enable 
the state of Arkansas and other states to reclaim the swamp lands 
within their limits," it was provided that upon due proof of the agent of 
the state or states, before the commissioner of the general land office, 
that any lands purchased subsequent to the 28th of September, 1850, 
were swamp lands, within the meaning of the swamp laud act of Sep- 
tember 28, 1850, the purchase money should be paid over to the state or 
states, and where the lands have been located by warrants or scrip the 
said state or states should be authorized to lo(!ate a quantity of like 
amount upon any portion of the public lands subject to entry at $1 25 
per acre or less, and patents shall issue therefor and upon the terms 
and conditions enumerated in the act aforesaid ; and whereas by act of 
the legislature of the state of Illinois, approved June 22, 1852, section 1, 
it was provided "That all the swamp aud overflowed lauds granted to 
the state of Illinois by the act of Congress entitled 'An act to enable 
the state of Arkausas aud other states to reclaim the swamp lauds 
within their limits,' approved September 28, 1850, be and the same are 
hereby granted to the counties respectively in which the same may lie or be 
situated, etc.;" and whereas the said grant of the state of Illinois to the 
several counties is to a large extent inoperative on account of the rules 
and decisions of the commissioner of the general land office under 
which none of the counties have been thus far able to locate the scrip 
to which they are entitled ; therefore, 

Be it resolved, {the Senate and the House concurring therein), That the 
Congress of the United States be requested, by resolution or otherwise, 
to instruct the commissioner of the general land office to authorize the 
location of said scrip issued and to be issued under said act of March 2, 
1855, upon any government land subject to entry at $L 25 per acre, ly- 
ing in any of the states or territories of the United States. 

Eesolved, That the governor of this state be authorized to appoint a 
state agent, whose duties it shall be to look after the general interests of 
the state of Illinois growing out of the swamp land act of September 28, 
1850, aud the amendments thereto: Provided, this state agent so ap- 
pointed, shall not in any manner interfere with or annul any bargain, 
contract or agency made by any county in said state with any i)erson 
or persons for the purpose of protecting the interests of the said county 
under the said swamp land act: And, provided, that said state agent 
so appointed shall make no charge against the state of Illinois for any 
services he may render under this resolution. 



INDEX 



PAGE. 

ADMINISTRATION OF ESTATES : 
Amend section 109, act of 187-2 1 

AGRICULTURE : 

Amend act of 1874 2 

Appropriation for county and subordinate 

boards 3 

Appropriation for state board 3 

APPROPRIATIONS : 
Agriculture : 

County and subordinate boards 3 

State board 3 

Blind Institution : 

Erection of engine and boiler house 5 

Increased ordinary expenses 4 

Ordinary expenses 5 

Centennial Exposition : 

Expenses board of managers 6 

Dam and Lock : 

Illinois river at Copperas Creek 6 

Deaf and Dumb Institution : 

Completion of school building 8 

Ordinary expenses 7 

Eye and Ear Infirmary : 

Ordinary expenses 9 

Feeble-minded Children : 

Constructing of buildings 10 

Ordinary expenses 10 

Horticulture ; 

State society 13 

Industrial University : 

For taxes, apparatus, repairs, etc 14 

Insane Asylum, 
Anna: 

For purposes specified 14 

Ordinary and other expenses 17 

Elgin : 

Additional furniture and expenses 18 

Ordinary expenses 19 

Jacksonville : 
Ordinary expenses and improvements. . . 20 
Investigating Committee : 

Expenses of witnesses, etc 21 

Normal University, 
Normal : 

Ordinary expenses and repairs 21 

Southern : 

For purposes specified 22 

Reform School : 

Ordinary expenses, repairs, etc 23 

Soldiers' Orphans' Home: 

Ordinary expenses, repairs, etc 24 

State Government: 

General Assembly — next 25 

Otficers State Government 25 

Deficiency until June :ill, 1875 25 

Fugitives from justice 25 

Incidental expenses General Assembly.. 2fi 

Printing paper 25 

Public binding 26 

Public printing 26 

State Board of Equalization 25 

Stationery 26 

Ordinary and Contingent 26 

Adjutant-General, clerk hire, etc 26 

Attorney-General, clerk hire, etc .... 28 



PAOB. 

APPROPRIATIONS— Continued. 

Auditor Public Accounts, clerk hire, etc. 28 

Conveying convicts to Penitentiary 29 

Conveying juvenile offenders to Reform 

School 29 

Copying laws, journals and joint resol'ns 30 
Custodian Field Notes, expenses, copy- 
ing, etc 28 

Fugitives from justice, apprehension ... 28 

" " " reward 30 

General Assembly, employees, etc 30 

General Assembly, expenses of comm's. . 31 

Governor, contingent fund 26 

Governor, clerk hire, etc 27 

Interest on bonded debt 30 

New State House, janitors, watchmen... 30 

New State House, heating, fuel, etc 30 

Printing paper and stationery 29 

Public binding 29 

Public charities, expenses 28 

Public printing 29 

School fund. Interest 29 

Shool fund. Auditor's orders 30 

Secretary Fund Commissioner's salary.. 30 

Secretary of State, clerk hire, etc 27 

State Board of Equalization, pay and ex- 
penses 31 

State suits, costs and expenses 28 

State Treasurer, clerk hire, etc 27 

Supt. Pub. Ins., clerk hire, etc 28 

Supreme Court, expenses 29 

Taxes refunded 30 

State Indebtedness : 
Payment of principal due 31 

State House, new ; 
To carry on work 32 

Miscellaneous : 
Relief of Frederick Wagner 32 

ASSESSMENTS : 

Amend section 3, act of 1872 35 

Amend section 16, act of 1873 33 

Amend sections 192 and 193, act of 1872 37 

Apportionment special assessments 36 

Certificate of rates legalized 38 

AUDITOR OF PUBLIC ACCOUNTS : 
Amend section 6, act of 1873 39 

COURTS OF RECORD : 
Practice, act of 1872, amended 74 

COURT— SUPERIOR : 
Judges, increase in number provided for 74 

CRIMINAL CODE: 
Change of venue 75 



CEMETERIES : 

Association to demise or convey 40 

Proceeds, how applied 41 

Sale of land when not suitable 40 

CITIES : 

Amend section 1, act of 1874 43 

" 2, " " 42 

Appointment and removal of officers 41 



II 



INDEX. 



PAGE. 

CITIES— Continued. 

Mayor may veto 41 

Police and flremen's relief fund 42, 43 

He-organization 43 

CITIES AND VILLAGES: 
Amend act of 1872 62 

Sidewalks, means for construction 63 

CORPORATIONS : 

Foreign corporations, may loan money 65 

" " title to property, how 
acquired 66 

COUNTIES : 
Amend act of 18T2 concerning indebtedness.. 68 
Sites for county buildings 66 

COUNTY COURT : 
Trial of right of property 69 

COUNTY COURTS : 
Time for holding changed — 

Fulton - 71 

Gallatin 71 

Greene 71 

Marshall 72 

McDonough 72 

Mercer 72 

Pike 73 

Putnam 72 

Saline 73 

Sangamon 73 

Schuyler „ 71 

DOWER : 
Amend section 44, act of 1874 75 

Assignment of dower and homestead 75 

DRAINAGE : 

Amend act of 1871 76 

ELEVATED WAYS AND CONVEYORS : 

Articles of incorporation 77 

Powers conferred 78 

FEES AND SALARIES : 

j3..mend section 12, act of 1872 79 

Fees of clerks of supreme court 79 

FISCAL YEAR : 

Officers and trustees to report .80 

When reports to be made 81 

FRAUDS UPON TRAVELERS : 
Ticket agents to have certificate of authority 81 
Penalty for bartering without authority. . . .'. . 82 

HORTICULTURE : 

Amend act of 1874 2 

Appropriation for State society 13 

HOSPITALS FOR THE INSANE : 

(See appropriations) 14, 17, 18, 19, 20 

State divided into districts 83 

Number of patients each county entitled to ... 84 

INTEREST : 

Amend section 8. act of 1874 85 

Rate between citizens or corporations 85 

JOINT RESOLUTIONS 113 



PAGE. 

JUDGMENT AND DECREES: 

Amend section 39, act of 1872 86 

Proceedtags on death of defendant 86 

JUSTICES OF THE PEACE : 
Amend act of 1871 relating to justices in Chi- 
cago 87 

Number to be appointed 87 

NOTARIES PUBLIC : 

Amend section 1, act of 1872 88 

Who may be appointed 88 

OHIO AND WABASH RIVERS : 
Title of land ceded to United States 88 

PARKS: 

Amend section 12, act oi 1871 89 

Bonds issued — form prescribed. 89 

PAUPERS : 

Amend section 16, act of 1874 90 

Removal authorized 90 

PENITENTIARY : 

Amend section 2, act of 1872 90 

Good time, how forfeited and how restored- -.91 

POLICE MAGISTRATES : 
Election authorized 91 

RAILROADS : 
Right to purchase interest in adjoining ' 

States 96 

Formation of Union Depots 97 

REFUNDING FUNDS : 
State sole trustee 99 

REVENUE : 

For State purposes 92 

Governor and Auditor to compute rates 92 

ROADS AND BRIDGES : 

Amend act of 1873, not under township organ- 
ization 92 

Amend act of 1873, irnder township organiza- 
tion 95 

SCHOOL TRUSTEES : 
Authorized to convey land to railroads 96 

SNY CARTY RIVER : 
Act repealed declaring navigable 103 

STATE INSTITUTIONS : 

Management regulated 106 

Objects set forth 105 

Titles changed 104 

TOWNSHIP ORGANIZATION— (ART XI) : 

Amend act of 1874 Ill 

Supervisor, duties prescribed Ill 

Commissioners of highways — acts legalized- 112 
Treasurer, compensation fixed 112 

UNIVERSITIES, COLLEGES, ETC. : 
Non-residents eligible to office of trustee 112