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Full text of "Laws of the State of Illinois"

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LAWS 



State of Illinois, 



ENACTED BY THE 



THIRTY-SECOND GENERAL ASSEMBLY. 



Convened January 5, and Adjourned May 30) 1881. 



Printed by authority of the General Assembly 
of the State of Illinois. 



SPRINGFIELD, ILL. : 
H W. KoKKEE, State Pkintee AND Binder. 

1881. 



TABLE OF CONTENTS. 



ADMINISTRATION OF ESTATES: page. 

An act to amend sections 7 and 23 of an act entitled "An act in regard to the admin- 
istration of estates, " approved April 1, 1872. in force July 1, 1872 1 

An act to amend sections 44 and 47 of an act entitled "An act in regard to the admin- 
istration of estates," approved April 1, 1872, in force July 1, 1872 3 

ANIMALS: 

An act to amend an act entitled "An act to indemnify the owners of sheep in case 
of damage by dogs," appi'oved May 29, 1979, inforee July 1, 1879 4 

An act to amend section 3 of an act entitled "An act to indemnify the owners of 
sheep in case of damage committed by dogs," approved May 29, 1879, in force 
July 1,1879 5 

An act to suppress and prevent the spread of pleuro-pneumonia among cattle 6 

APPROPRIATIONS: 

An act to provide for the incidental expenses of the 32d Geni^ral Assembly, and for 
the care and custody of the State House and grounds, incurred or to be incurred 
and now unprovided for, until July 1, 1881 8 

An act to make an appropriation for the payment of the expenses incurred hereto- 
fore for the appellate court in the 4th disti'ict 9 

An act to allow A. A. Glenn $1, 118.09 as salary of office, while acting governor of the 
State of Illinois, in 1875 and 1876 10 

An act to provide for heating the State House, for the state printing and binding, 
for the expenses of the office of secretary of state, incurred or to be incurred 
and now unprovided for until June 30, 1881 11 

An act making an additional appropriation for the payment of the officers and 
members of the 32d General As.-,embly, and for the salaries of the officers of the 
state government 12 

An act appropriating the sum of five thousand dollars to the National Lincoln Mon- 
ument Association 12 

An act to re-appropriate $4, 798 to complete the Douglas Monument, at Chicago 13 

An act making an appropriation to pay the necessary expenses of the committees 
of the 32d General Assembly 13 

An act making appropriations for the Charitable Eye and Ear Infirmary, at Chi- 
c ago 14 

An act making an appropriation to meet the emergency created by the burning of 
the north wing of the Southern Hospital for the Insane, at Anna 15 

An act to make an appropriation for rebuilding and refurnishing the north wing of 
the Southern Hospital for the Insane, at Anna 15 

An act to provide for the payment to Atherton Clark of certain damages to lands. . 16 
An act to provide for the preparation and publication of the Illinois Geological 
Reports 17 

An act making appropriations for the necessary repairs and running expenses of 
the Illinois and Michigan Canal 18 

An act to compensate William R. Archer for professional services on behalf of the 
state before the Commission of Claims 19 

An act making appropriations for the State Reform School, at Pontiac 20 

An act making appropriations for making repairs and improvements in the Illinois 
Penitentiary, at Joliet 21 

An act making appropriation in aid of the Illinois Horticultural Society , 21 



IV CONTENTS. 



APPROPRIA.TIONS— 6'on«?ii(ecL page. 

An act for the support of the Illinois Institution for the Education of the Deaf and 

Dumb, and for the general repairs thereon, and for the pupils' library 22 

An act making appropriations for the ordinary and other expenses of the Soldiers' 

Orphans' Home 22 

An act making appropriations for the Illinois Institutian for the Education of the 

Blind : 23 

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 govei-nment 24 
An act making an appropriation to erect a monument at Chester, Illinois, over the 

grave of Shadrach Bond, the first governor of Illinois 24 

An act to make the tax on gross earnings of the Illinois Central Kailroad available 

for payment of the ordinary expenses ol the state government, etc 25- 

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

Deaf and Dumb 26- 

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

Education of the Blind 2ft 

An act to authorize the commissioners of the Illinois State Penitentiary, at Joliet, 

to purchase land for use of the penitentiary, and to make an appropriation there- 
for 27 

An act to appropriate money for the support of a school for deaf and dumb children 

in Chicago 28 

An act making an appropriation for the ordinary expenses of the State Laboratory 

of Natural History, at Normal, and for the improvement of the library thereof 28 

An act making an appropriation to pay the claim of Gulian Cornells Crommelin 

and others, allowed by the commission of claims 29^ 

An act making appropriations for the Illinois Industrial University 30 

An act making appropriations for the Illinois Asylum for Feeble Minded Children. 32' 
An act making an appropriation for the State Board of Agriculture, and the county 

and other subordinate boards of agriculture 33 

An act making an appropriation for the ordinary expenses of the State Normal 
University at Normal, and for additions to the library 34 

An act to provide for the ordinary expenses of the penitentiaries of the State of 
Illinois 35 

An act making appropriations for the Illinois Southern Hospital for the Insane at 
Anna 36 

An act to provide for the ordinary and contingent expenses of the State govern- 
ment 37 

An act to make appropriations for the Illinois Central Hospital for the Insane, at 
Jacksonville 45 

An act making an appropriation for the ordinary expenses of the Southern Illinois 
Normal University at Carbondale 4ft 

An act making an appropriation for the erection of certain buildings at the South- 
ern Iliinois Penitentiary, and for the purchase of machinery for said prison 47 

An act making appropriations for the ordinary and other expenses of the Illinois 
Eastern Hospital for the insane at Kankakee 48 

An act to provide for the payment of the 6th regiment and a detachment of the 1st 
regiment Illinois National Guard — 49 

An act to provide for the payment of tne Illinois National Guard for the years 1881 
and 1882 50 

An act for an appropriation for repairs and refurnishing of the supreme court 
house at Mt. Vernon 50 

An act to authorize the payment of the sum of $248.13 and interest, in full payment 
of the last oiitstanding so-called McAllister and Stebbins bond. No. 363 51 

An act making appropriations for the ordinary and other expenses of the Illinois 
Northern Hospital for the Insane 52 

An act making appropriation for repairs upon the court house of the Supreme 
and appellate courts at Ottawa 53- 

An act to appropriate the sum of $250 to the Arab Fire Company at Cairo, Illinois 54 

An act making appropriation for the relief of the widow and children of John 
Stelgebower 54 

An act to provide means for the completion and furnishing of the State House, etc. 55 

CITIES AND VILLAGES: 

An act to amend section 1 of an act entitled "An act to enable cities and villages to 

build, acquire and maintain bridges and ferries outside of their corporate limits. 57 
An act to amend section 1 of article 1 of "An act to provide for the incorporation of 

cities and villages," approv d April 10, 1872 58 

An act to amend section 13 of article 11 of an act entitled "An act to provide for the 
incorporation of cities and villages," approved April 10, 1872 59 

An act in relation to the rate of taxation in cities and villages and incorporated 
towns 59 



CONTENTS 



CLAIMS COMMISSION: page. 
An act in regard to the jurisdiction of the commission of claims 60 

CONVEYANCES: 

An act to amend section 8 of an act entitled "An act concerning conveyances," 
approved March 9, 1872 61 

COUNTY TREASURERS: 

An act to amend section 1 of an act entitled "An act to consolidate the office of 
county treasurer and county assessor in counties not under township organiz- 
ation" 

COUNTY OFFICERS' BONDS: 

An act requiring county officers who may oontiniie in office after the time for the 
qualification of their successors, to give additional bonds 

CORONERS: 

An act allowing coroners to appoint deputies, and to prescribe their duties 63 

COURTS: 

An act to amend section 1 of an act entitled "An act to establish appellate courts," 
approved June 2, 1877 64 

An act to amend an act entitU^d "An act to establish appellate courts," approved 
June 2. 1877, as amended February 28, 1879 64 

An act to amend sec ion 11 of an act entitled "An act to establish appellate courts," 
approved June 2, 1877 65 

An act to amend section 123 of an act entitled "An act to extend the jurisdiction of 
county courts," etc., approved March 26, 1874, amended May 21, 1874 66 

An act in relation to remanding causes on appeal or writs of error 67 

An act to provide two additional terms of the circuit court in Williamson county. . . 67 

An act to amend secti n 2 of an act entitled "An act concerning circuit courts, and 
to fix the time of holding the same," etc., approved May 24, 1879 68 

An act to amend section 3 of an act entitled "An act concerning circuit courts and 
to fix the time of holding the same," etc., approved May 29, 1879 69 

An act to ext^'nd the jurisdiction of county courts in counties in which probate 
courts are or may be established 70 

An act to amend section 3 of an act entitled "An act to extend the jurisdiction of 
coimty courts, and to provide for the practice thereof," etc., approved March 26, 
1874 70 

An act to amend sections 15, 23, 37, 41, 52, 58, 78. 84, 99, 103 and 108 of an act entitled 
"An act to extend the jurisdiction of county courts, and to provide for the practice 
thereof," etc., approved March 26, 1874 71 

An act to amend the title and section 1 of an act entitled "An act to establish pro- 
bate courts in all counties having a population of 100,000 or more, to define the 
jurisdiction thereof and regulate the practice therein, and to fix the time of hold- 
ing the same," approved April 27, 1877 72 

An act in regard to the criminal court of Cook county 72 

CRIMINAL CODE: ~ 

An act to regulate the traffic in deadly weapons, and to prevent the sale of them to 
minors 73 

An act to prevent the adulteration of butter and cheese, or the sale or disposal of 
the same, or the manufacture or sale of any article as a substitute for butter or 
cheese, or any article to be used as butter or cheese 74 

An act to prevent and punish the adulteration of articles of food, drink and medi- 
cine, and the sale thereof when adulterated 75 

DENTAL SURGERY: 

An act to insure the better education of prac'itioners of dental surgery, and to 
regulate the practice of dentistry in the state of Illinois 77 

DRAINAGE: 

An act to amend sections 3, 5, 12, 33, 34, 37 and 38 of an act entitled "An act to provide 
for the construction, reparation and protection of drains, ditches and levees 
across the land of others," etc., approved May 29, and to add a section to said act. 79.80 



VI CONTENTS. 



BHAI'N AGB— Continued. page. 

An act to legalize drainage districts organized in pursuance of the act therein 
named, and to legalize the assessments of benefits in such districts 86 

An act to amend sections 3, 9, 12, 13, 16, 33, 34, 35, 51, 53, 54, 55, 57, and to repeal section 
69 of the act of 1879 (Farm Drainage), and to add three new sections 8 

ELECTIONS: 

An act to amend sections 16, 17, 19, 21. 22, 23, 24, of an act entitled "An act in regard 
to elections, and to provide for filling vacancies in elective oiiices," approved 
April 3, 1872 94 

FEES: 

An act in relation to costs and fees remaining in the hands of clerks of courts of 
record and sherilTs at the expiration of their terms of office .". . 95 

FORCIBLE ENTRiT AND DETAINER: 

An act to amend section 2 of an act entitled "An act in regard to forcible entry and 
detainer," approved and in force February 16, 1874 96 

GARNISHMENTS: 

An act to amend section 4 of an act entitle I "An act in regard to garnishment," ap- 
proved March 9, 1872 97 

GUARDIANS AND WARDS: 

An act to amend section 18 of an act entitled "An act in regard to guardians and 
wards," approved April 10, 1872 98 

INSURANCE: 

An act to amend sections 1 and 2 of an act entitled "An act to incorporate and to 
govern fire, marine and inland navigation insurance companies doing business 
in the state of Illinois," approved March 11, 1869, as amended May 31, 1879 99 

An act to amend section 13 of "An act to incorporate and to govern fire, marine and 
inland navigation insurance companies doing business in the state of Illinois," 
approved March 11, 1869 100 

An act to tdve contiguous territory the right to become incorporated with town- 
ship insurance companies 101 

JUSTICES AND CONSTABLES: 

An act to amend certain sections of the act of 1872 103 

An act to enable justices of the peace to order a return of property taken under a 
writ of replevin, wlien it appears that tlie value of the property exceeds the juris- 
diction of tlie justice 110 

LIBRARIES-PUBLIC : 

An act to amend section 1 of "An act to authorize cities, incorporated towns and 
townships to establish and maintain free public libraries and reading rooms," 
approved March 7, 1872 Ill 

MARRIAGES: 

An act to amend section 4 of an act entitled "An act to revise the law in relation to 
marriages," approved February 27, 1874 112 

MORTGAGES: 

An act to amend sections 2 and 3 of an act entitled "An act to revise the law in rela- 
tion to mortgages of real and personal property," approved March 26, 1874 113 

MUNICIPAL INDEBTEDNESS: 

An act to provide a sinking fund for local indebtedness.. 113 



CONTENTS. VII 



NEGOTIABLE INSTRUMENTS: page. 

An act to amend section 17, chapter 98 of the Revised Statutes, being "An act to 
revise the law in relation to promissory notes, bonds, bills and other instruments 
in writing," approved March 18, 1874 115 

PARKS: 

An act to prohibit the appointment of park commissioners by judges of the circuit 
court, and to provide for their appointment by the governor of the state 115, 116 

An act to amend section 1 of an act entitled "An act to authorize park commission- 
ers to take by grant, devise, bequest or conveyance, property for park, driveway 
and other purposes therewith connected," approved and in force May 31, 1879 116 

An act to amend section 20 of an act in regard to the completion of public parks 
and the management thereof," approved June 16, 1871; amended February 18, 
1874 117 

PENAL INSTITUTIONS: 

An act to give the authorities of penitentiaries in the state of Illinois police powers 
on grounds owned or leased by the state in connection with said penitentiaries.. 119 

PHARMACY: 

An act to regulate the practice of pharmacy in the state of Illinois 119, 120 

PUBLIC FUNDS: 

An act to require officers having in their custody public funds to prepare and pub- 
lish an annual statement of the receipts and disbursements of sucli funds 124 

QUO WARRANTO:. 

An act to ameiid section 1 of an act entitled "An act to revise the law in relation to 
quo loarranto," approved March 23, 1874 126 

RAILROADS: 

An act to render valid leases, bailments and conditional sales of railway rolling 
stock 126 

REVENUE: 

An act to provide the necessary revenue for state purposes 128 

An act to amend section 230 of an act for the assessment of property and for the 
collection of taxes," approved March 30, 1872; amended May 29, 187? 129 

An act to amend section 135 of an act entitled "An act for the assessment of prop- 
erty, and for the levy and collection of taxes," approved March 30, 1872 130 

An act to amend section 253 of an act entitled "An act for the assessment of prop- 
erty, and for the levy and collection of taxes," approved March 30, 1872 130 

An act to amend section 169 of an act entitled "An act for the assessment of prop- 
erty, and for the levy and collection of taxes," approved March 30, 1872 131 

An act to amend an act entitled "An act to amend section 58 and other sections, as 
heretofore amended, and to add a section to the act, " approved March 30, 1862 ... 132 

An act to amend section 203 of an act entitled "An act for the assessment of prop- 
erty, and for the levy and collection of taxes, " approved March 30, 1872 137 

An act to amend section 229 of an act entitled "An act for the assessment of prop- 
erty, and for the levy and collection of taxes, " approved March 30, 1872 137 

SCHOOLS: 

An act to amend section 11 and other sections of an act entitled ' 'An act to estab- 
lish and maintain a system of free schools," approved April 1, 1872, amended 
Junes, 1879 138 

An act to amend section 2 of an act entitled "An act to provide for the appointment 
of school directors and members of boards of education in certain cases, " ap- 
proved May29,1879 150 

An act to regulate the payment of moneys into the hands of township school treas- 
urers 150 

STATE CHARITABLE INSTITUTIONS: 

An act to secure equality among the counties in the matter of the admission of 
patients into the state hospitals for the insane; and to provide for the transfer of 
patients from one hospital to another; and for settlements with such hospitals 
by the counties; and to repeal former acts upon the same subject 151 



Vin CONTENTS. 



SURVEYS: page- 

An act relating to the operations of the United States coast and geodetic sur- 
vey 154 

TENEMENT HOUSES: 

An act for the regulation and inspection of tenement and lodging houses, and 
other places of habitation 155 

YENUE: 

An act to amend section 21 of an act entitled "An act to revise the law in relation to 
change of venue" 156 

WATER WORKS: 

An act to aid cities owning or operating water works to secure an additional or 
better supply of pure water 157 

WILLS: 

An act to amend section 4 of an act entitled "An act in regard to wills," approved 
March 29, 1872 158 

RESOLUTIONS: 

Senate 159-164 

House 165-174 



PUBLIC LAWS OF ILLINOIS, 



ADMINISTRATION OF ESTATES. 



ADMINISTKATOES AND EXECUTORS. 

§ 1, Administrators' and executors' bonds. In force July 1, 1881. 

An Act to amend sections seven {?) and twenty-three {23) of an act 
entitled "An act in regard to the administration of estates,'' ap- 
proved April 1, 1872, in force Jidy 1, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly, That sections seven (7) and twenty- 
three (23) of an act entitled "An act in regard to the administra- 
tion of estates," in force July 1, 1872, be and the same are hereby 
amended so as to read as follows, to-wit : 

"§ 7. All executors hereafter appointed, unless the testator shall 
otherwise direct in the will, and all administrators with the will an- 
nexed, shall, before entering upon their duties, enter into bond with 
good and sufficient security, to be approved by the county court, 
and in counties having a probate court, by the probate court, in a 
sum double the value of the personal estate, and payable to the 
People of the State of Illinois, for the use of the parties interested, 
in the following form, to-wit : 

"Know all men by these presents, that ^ve, A, B, C, D, and E, F, of the county of , 

and state of Illinois, are held and tlrmly bound unto the People of the State of Illinois, in 

the penal sum of dollars, current money of the United States, which payment, well 

and truly to be made and performed, we and each of us bind ourselves, our heirs, execu- 
tors and administrators, jointly, severally and firmly by these presents. 

Witness our hands and seals this day of A. D. 18... 

"The condition of the above obligation is such, that if the above bounden A B, executor 
of the last will and testament of GH, deceased, (or administrator with the will annexed 
of G H. deceased, as the case may be) do make, or cause to be made, a true and perfect in- 
ventory of all and singular the goods and chattels, rights and credits, lands, tenements 
and hereditaments, and the rents and profits issuing out of the same, of the said de- 
ceased, which have or shall come to the hands, possession or knowledge of the said 
A B, or into the possession of any other person for him, and the same so made do exhibit 

in the county court (or probate court) for said county of as required by law, and 

also make and render a fair and just account of his actings and doings as such executor 
(or administrator) to said court, when thereunto lawfully ro(ir,ired. and do well and truly 
fulfill the duties enjoined on him in and by the said will, and shall, moreover, pay and de- 
liver to the persons entitled thereto, all the legacies and bequests contained in said will, so 
far as the estate of the said testator will thereunto extend, according to the value thereof, and 
as the law shall charge him, and shall, n general, do all other acts which may, from time 
to time, be required of him by law, then this obligation to be void ; otherwise to remain in 
full force and virtue. 



ADMINISTRATION OF ESTATES. 



"Which said bond shall be signed and sealed by the said execu- 
tor (or administrator) and his securities, and filed in the office of 
the clerk of the county court, or office of the clerk of the probate 
court in counties having a probate court, and spread upon the 
records ; and that where it becomes necessary to sell the real estate 
of any intestate, for the payment of debts against his estate under 
the provisions of this act, or in case real estate is to be sold under 
any provisions of a will, the court shall require the executor (or ad- 
ministrator) to give further and additional bond, with good and 
sufficient security to be approved by the court, in a sum double 
the value of the real estate of the decedent sought to be sold, and 
payable to the -People of the State of Illinois, for the use of the 
parties interested, in the form above prescribed." 

"§ 23. Every administrator, except as is hereinbefore in section 
eight (8) provided, shall, before entering upon the duties of his 
office, enter into bond, with good and sufficient security, to be ap- 
proved by the county court, and in counties having a probate court 
by the probate court, in a sum double the value of the personal 
estate, and payable to the People of the State of Illinois, for the 
use of parties interested, substantially in the following form, to-wit : 

"Know all men by these presents, that we, A B, C D and E F, of the county of , 

and stare of Illinois, are held and firmly bound unto the People of the State of Illinois, 

in the penal sum of dollars, current money of the United states, which payment, 

well and truly to be made and performe i. we and each of us bind ourselves, our heirs, ex- 
ecutors and administrators, jointly, severally and firmly by these presents. 

"Witness our hands and seals, this day of 18.. 

"The condition of the above obligation is such, tha' if the said A B, administrator of all 
and singular the goods and chattels, rights and credits of J K, deceased, do make, or 
cause to be made, a true and perfect inventory of all and singular the goods and chattels, 
rights and credits of the said deceased which shallcome to the hands, possession or knowl- 
edge of him, the said A B, as administrator, or to the hands of any person or persons for 
him. aid the same so mad ■ do exhibit, or cau-;e to be exhibited, in the county court (or 
probate court) of the said county of agreeably to law, and such goods and chat- 
tels, rights and credits do well and truly administer according to law, and all ihe rest of 
the said goo is and chattels, rights and credits which shall be found remainin ' upon the 
account oi the said administrator, the same being at first examined and allowed by the 
court, shall deliver and pay unto such person or persons, respectively, as may be legally 
entitled thereto: and.furth r,do make a just and true account of all his actings and doings 
therein, wlien thereunto reqxiired by the said court, and if it shall appear that any last will 
and testament was made by the deceased, and the same be proved m court, and letters 
testamentary or of administration be obtained thereon, and the said A B do, in such case, 
on being required there o, render and deliver up the letters of administration granted to 
him a ■; aforesaid, and shall in general do and perform all other acts which may at any 
time Vje required of him by law, then this obligation to be void; otherwise to remain in 
full force and virtue. 

"Which said bond shall be signed and sealed by the said admin- 
istrator and his securities, attested by the clerk of the county court, or 
probate court, and tiled in his office ; and that where it becomes neces- 
sary to sell the real estate of any intestate for the payment of debts 
against his estate, under the provisions of this act, the court shall 
require the administrator to give further and additional bond, with 
good and sufficient security, to be approved by the court, in a sum 
double the value of the real estate of the decedent, sought to be 
sold, and payable to the People of the State of Illinois, for the use 
of the parties interested, in the form above prescribed. And in all 
cases where bonds shall be taken from any administrator de bonis 
noil, or in any other case where a form shall not be prescribed in 
this act, the same shall be made, as nearly as may be, in conformity 
with the form, above prescribed, with corresponding variations to 
suit each particular case." 

Approved May 30, 1881. 



ADMINISTRATION OF ESTATES. 



PUBLIC ADMINISTRATORS r*« 

§1. Appointment— Term of office -Bond. In force July 1, 1881. 

An Act to amend sections forty -four {4-i) and forty-seven {47) of an act 
entitled "An act in regard to the administration of estates,'" ap- 
proved AjJril 1, 1872, in force July 1, 1872. 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the Genercd Assembly, That sections forty-four (44) and 
forty-seven (47) of an act entitled "An act in regard to the admin- 
istration of estates," approved April 1, 1872, in force July 1, 1872, 
be and the same is hereby amended so as to read as follows : 

"§ 44. The governor of this state, by and with the advice and 
consent of the senate, shall, before the first Monday of December, 
1881, and every four years thereafter, appoint in each county in 
this state, and as often as any vacancies may occur, a suitable 
person to be known as public administrator of such county, who 
shall hold his office for the term of four years from the first 
Monday of December, 1881, or until his successor is appointed 
and qualified ; and the public administrators in office at the time of 
the first appointment under the provisions of this section shall, 
immediately upon the qualification of the persons appointed under 
the provisions hereof, turn over all moneys, books and papers 
appertaining to their offices, respectively, to the persons so ap- 
pointed ; and such public administrators so appointed shall proceed 
to settle up all unsettled estates in accordance with law." 

"§ 47. It shall be the duty of the county court to require of a 
public administrator, before entering upon the duties of his office, 
to enter into a bond, payable to the People of the State of Illinois, 
in a sum of not less ihan five thousand dollars, with two or more 
securities, approved by the court, and conditioned that he will faith- 
fully discharge all of the duties of his office, and the court may, 
from time to time, as occasion shall require, demand additional 
security of such administrator, and may require him to give the 
usual bond required of administrators in other cases, touching any 
particular estate in his charge ; and in default of giving such bond 
within sixty days after receiving his commission, or in default of 
giving additional security within sixty days after being duly ordered 
by said court so to do, his office shall be deemed vacant, and, upon 
certificate of the county judge of such fact, the governor shall fill 
the vacancy aforesaid." 

Approved May 30, 1881. 



ANIMALS. 



ANIMALS. 



INDEMNITY TO OWNERS OF SHEEP IN CASE OP DAMAGES BY DOGS. 

§ 1, Application within three days— Justices' fees, In force July 1, 1881. 

An Act to amend an act entitled ''An act to indemnifi/ the oivners 
of sheep in cases of damage committed by dogs,'' approved May 29, 
1879, in force July 1, 1879. 

Section 1. Be it enacted by the Peop)le of the State of Illinois, 
represented in the Genei-al Assembly, That an act entitled "An act 
to indemnify tiie owners of sheep in cases of damage committed 
by dogs," approved May 29, 1879, in force July 1, 1879, be amended 
as follows : That sections five (5) and seven (7) be and the same 
are repealed. That section six (6) be numbered section five (5), and 
shall .be so amended as to read as follows : 

"§ 5. No person having sheep killed or injured, as aforesaid, shall 
be entitled to receive any portion of the funds herein provided 
for, unless he shall appear before the nearest justice of the peace 
who can be found, within three days from the time when such 
injury or damage is discovered, and make affidavit stating the num- 
ber of sheep killed or injured, that the name of the owner or keeper 
of the dog or dogs which destroyed or injured the applicant's sheep 
is or are unknown, or if known, then stating the name, and that 
such owner or keeper is insolvent, and that the applicant has 
received no compensation from the owner or keeper, or any other 
person, for the damage sustained ; and thereupon the said justice of 
the peace shall enter the same on his docket in the same manner 
as other suits are docketed, and shall proceed to hear testimony of 
one or more freeholders as to the number and value of the sheep 
killed or injured, and from such evidence shall find the damages 
sustained, and shall make a record of his finding as of judgments 
in other cases. He shall, upon the request of the applicant in such 
proceeding, make a certified copy from his docket of said proceed- 
ing, and the same, with the original affidavit of the applicant, shall 
be filed with the county treasurer in counties not under township 
organization, and in counties under township organization with the 
supervisor of the town in which such sheep were injured or 
destroyed, within ten (10) days thereafter, and, when so filed, shall 
be sufficient evidence of loss or damage by dogs as aforesaid, and 
the license fund as aforesaid shall be paid out thereupon on the 
first Monday of March in each year, as hereinbefore provided." 

That section eight (8) be numbered section six (6), and be amended 
as follows, to-wit : 

" § 6. The justice of the peace before whom such applica- 
tion is made shall receive, for hearing and certifying the same, the 
sum of one dollar, and the witnesses, not exceeding three, shall 
be allowed fifty cents each. All fees given for services under this 
act shall be paid out of the fund created by this act, prior to its 
disposition, as provided in the third section of this act." 

Approved May 28, 1881. 



ANIMALS. 



§ 1. Disposition of funds collected as license fees— Emergency. In force May 30, 1881. 

An Act to amend section three {3) of an act entitled "An act to indem- 
nify .the owners of sheep in cases oj damage committed by dogs," 
approved May 29, 1879, in force Jidy 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section three (3). of an act 
entitled "An act to indemnify owners of sheep in cases of damage 
committed by dogs," approved May 29, 1879, in force July 1, 1879, 
be and the same is hereby amended so as to read as follows : 

"§ 3. It shall be the duty of the county treasurers and super- 
visors having the custody of the funds collected as license fees, as 
aforesaid, to pay the same out in the manner following : 

"First — By such county treasurers to the owners of sheep in their 
respective counties, and by the supervisors to the owners of sheep 
in their respective towns, who shall make proof to them, before the 
first Monday of March in each year, of loss or injury to sheep by 
dogs other than their own, the full amount of the loss or injury so 
proved, if there are funds sufficient to pay the same ; if there be 
not sufficient funds to pay such loss or injury in full, then the 
owners of sheep so sustaining loss or injury, as aforesaid, and 
making proof thereof as in this act provided, shall be paid out of 
such fund in proportion to his or her loss or injury, or his or her 
pro rata share thereof. 

"Second — If there be a balance of such license fund left in the 
hands of the county treasurer or town supervisor, after paying the 
losses and injuries sustained as aforesaid, such balance shall be turned 
into the current county funds, in counties not under township or- 
ganization, and be appropriated as the county board may direct, 
and by the supervisor of the town, in counties under township or- 
ganization, into the general fund of the town, to be disposed of as 
such town shall see proper." 

Whereas, the moneys arising from the above tax is [are], under the 
law, disbursed on the first Monday of March, therefore an emer- 
gency exists, and this act shall take effect from and after its pass- 
age. 

Appkoved May 30, 1881. 



ANIMALS. 



PLEURO-PNEUMONIA AMONG CATTLE. 

§ 1. Appointment of veterinary surgeon. | ' § 6. Eeport of state veterinarian. 

§2. Quarantine and slaugliter of animals , §7. Payment of claims for slaughtered 

in case of epidemic. ■ i animals. 

§ 3. Appraisement of slaughtered ani- § 8. State veterinarian— compensation— 

mals. and appraisers' and physicians' 

§ 4. Prohibition of imported cattle dur- ! fees. 

ing epidemic. i § 9. Appropriates $8,000 as a contingent 

§ 5. Penalty for neglecting to report dis- ! fund. 

ease. j In force July 1, 188L 

An Act to suppress and prevent the spread of pleuro-pneumonia 

among cattle. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the governor of this state 
is hereby authorized and instructed to appoint a competent veterin- 
ary surgeon, who shall be known as State Veterinarian or Inspector, 
and whose duty it shall be to investigate any and all cases of con- 
tagious or infectious disease among domestic animals of the bovine 
species in this state, which may be brought to his notice by a com- 
petent veterinary surgeon or practicing physician in the locality 
where such infectious or contagious disease may exist, and it shall 
be his duty to make visits of inspection to any locality where he 
may have reason to suspect that contagious or infectious disease 
may exist. 

§ 2. In all cases of pleuro-pneumonia among cattle in this state, 
the state veterinarian shall have authority to order the quarantine of 
infected premises ; and in case such disease shall become epidemic in 
any locality in this state, the state veterinarian shall immediately notify 
the governor of the state, who shall thereupon issue his proclama- 
tion forbidding any animals of the kind among which said epidemic 
exists from being transported from said locality, without a certifi- 
cate from the state veterinarian showing such animals to be healthy. 
In case of epidemic, as aforesaid, the state veterinarian shall order 
the quarantine of infected premises, and shall order the slaughter 
of diseased animals thereon, and in cases of pleuro-pneumonia among 
cattle, he shall, as hereinafter provided, order the slaughter of all 
cattle upon the premises which may have been exposed to conta- 
gion, but before doing so he shall call in consultation with him two 
(2) reputable veterinarians or practicing physicians residing within 
ten (10) miles of the infected premises, and shall not order the 
slaughter of any animals not actually diseased without a written 
order signed by one (1) or both of said veterinarians or practicing 
physicians. 

§ 3. Whenever it becomes necessary, as herein provided, to order 
the slaughter of animals, the state veterinarian shall notify the near- 
est justice of the peace, who shall thereupon summons three (3) 
disinterested freeholders of the neighborhood, as appraisers of the 
value of such animals. Said appraisers, before entering upon the 
discharge of their duty, shall be sworn to make a true and faithful 
.^appraisement, without prejudice or favor. They shall, after making 



ANIMALS. 7 

their appraisement, return a certified copy of their vakiation to the 
justice of the peace by whom they were summoned, who shall, after 
entering the same upon his record, and making an endorsement 
thereon, showing the same to have been properly recorded, return 
it, together with the order of the state veterinarian, to the per- 
son or persons owning live stock ordered slaughtered. 

§ 4. Whenever the governor of the state shall have good reason 
to believe that such disease has become epidemic in certain locali- 
ties in other states, or that there are conditions which render such 
domestic animals liable to convey disease, he shall thereupon, by 
proclamation, schedule such localities, and prohibit the importation 
of any live stock of the kind diseased into this state, unless accom- 
panied by a certificate of health, properly signed by a duly author- 
ized veterinary inspector. Any corporation or individual who shall 
transport, receive or convey such prohibited stock, shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined 
not less than one thousand dollars ($1,000) nor more than ten 
thousand dollars ($10,000) for each and every offense, and shall 
become liable for any and all damage or loss that may be sustained 
by any party or parties, by reason of the imj)ortation or transpor- 
tation of such prohibited stock. 

§ 5. If any person or persons shall have upon his premises any 
case of pleuro-pneumonia among cattle, and shall fail to immedi- 
ately report the same to the state veterinarian, or if any person or 
persons shall willfully and maliciously obstruct or resist the state 
veterinarian in the discharge of his duty, as hereinbefore set forth, 
shall be deemed guilty of a misdemeanor, and upon conviction 
of either charge shall be fined not less than fifty (50) nor more 
than five hundred dollars ($500) for each and every such offense, 
and upon conviction a second time shall, in addition to the above 
named fine, be liable to not less than thirty (30) days, nor more 
than six (6) months imprisonment. 

§ 6. The state veterinarian shall annually make a report to the 
governor of all matters connected with his work, and the governor 
shall transmit to the department of agriculture such parts of said 
report as may be of general interest to breeders of live stock, to be 
published with the proceedings of the State Board of Agriculture. 

§ 7. All claims against the state arising from the slaughter of 
animals, as herein provided for, shall, together with the order of 
the state veterinarian and the award of the appraisers in each case, 
be submitted to the governor, and he shall, after having examined 
each case, if satisfied of the justness of the same, endorse thereon 
his order to the state auditor, who shall thereupon issue his warrant 
on the state treasurer for the same so ordered paid by the governor. 

§ 8. The state veterinarian shall be entitled to receive for his 
services the sum of eight dollars ($8) per day for every day actually 
employed under the provisions of this act, together with his neces- 
sary traveling expenses. He shall make an itemized account to the 
governor, properly signed and sworn to, of the number of days he 
has served, and of the expenses which he has paid, and the gov- 
ernor shall, if satisfied that the same is right and proper, endorse 
thereon his order on the state auditor for the amount. The 



ANIMALS. 



appraisers heretofore provided for shall be entitled to receive the 
sum of one dollar ($1) each for their services, to be paid out of the 
treasury of their respective counties, upon certificate of the justice 
of the peace summoning them. The justice of the peace shall be 
entitled to receive the ordinary fee for issuing summons, to be 
paid out of the town fund in counties under township organization, 
and out of the county fund in counties not under township organiza- 
tion. The physicians called in consultation shall be entitled to receive 
for their services the sum of two dollars ($2) per day, and mileage at 
the rate of ten (10) cents per mile one way ; such compensation and 
mileage to be paid out of the veterinarian contingent fund. The 
state veterinarian shall have at his disposition the sum of two 
thousand dollars ($2,000), to be expended in disinfecting infected prem- 
ises and other incidental expenses connected with his work, for which 
he shall, before entering upon the discharge of his duties, give 
bond, with good and sufficient securities, in the sum of five thous 
and dollars ($5,000), and shall make a sworn statement to the 
governor of the amounts he disburses. Any part of said two 
thousand dollars ($2,000) not used shall lapse into the state 
treasury. 

§ 9. For the purpose of carrying out the provisions of this act, 
the sum of eight thousand dollars ($8,000), or so much thereof as 
is necessary, is hereby appropriated out of the state treasury, to be 
paid, as hereby provided, out of any funds not otherwise appro- 
priated. 

Approved May 31, 1881. 



APPEOPKIATIONS. 



§ 1. Appriates $15, 000. I §3. Emergency clause. 

§ 2. How drawn. I In force January 28, 1881. 

An Act to provide jor the incidental expenses of the Thirty-second General 
Assembly, and for the care and custody of the state house and 
grounds, incurred or to be incurred and now unprovided for, until 
Jtdy 1, 1881. 

Whereas, no appropriation has been made for the incidental ex- 
penses of the Thirty-second General Assembly, and no provision 
has been made to enable the secretary of state to comply with orders 
drawn upon him by the general assembly, or either branch thereof, 
for furniture for committee rooms and the rooms of the presiding 
officers, carpets and matting for halls, brooms, dusters, maps, buckets, 
soap, towels, combs and brushes, water pitchers and bowls, locks 
and keys, postage for committees, water rents, repairs of water 
pipes and closets, the necessary repairs and improvements in the 



APPROPEIATIONS. 



halls, committee and clerks' rooms, repairs of chairs and desks, 
the care and custody of the state house and grounds, and pay of 
janitors for the state house after the adjournment of the general 
assembly and prior to July 1, 1881, and such other unforeseen and 
unenumerated incidental expenses of the general assembly necessary 
to the use, comfort and convenience of the members thereof ; there- 
fore, 

Section 1. Be it enacted In/ tlie People of the State of Illinois, rep- 
resented in the General Assembly, That the sum of fifteen thousand 
dollars ($15,000), or so much thereof as may be required, is hereby 
appropriated to pay for the incidental expenses of the Thirty-second 
General Assembly, or either branch thereof, or by the secretary of 
state in the discharge of the duties imposed on him by law or by 
the direction of the general assembly, or either branch thereof, and 
which are not otherwise provided for. All bills of expense incurred 
by either branch of the general assembly to be paid upon the cer- 
tificate of the presiding officer of that branch of the general assembly 
for which the indebtedness was incurred, and also certified by the 
secretary of state and approved by the governor. All other expendi- 
tures to be certified by the secretary of state and approved by the 
governor. 

§ 2. The auditor of public accounts is hereby authorized and 
directed to draw his warrants opon the state treasurer for the sums 
herein specified, upon presentation of the proper vouchers, and the 
state treasurer shall pay the same out , of any funds in the state 
treasury not otherwise appropriated. 

§ 3. Whereas, the appropriations above recited are necessary for 
the expenses incurred, or to be incurred, for the transaction of the 
business of the state and the general assembly prior to the first 
day of July, therefore an emergency exists, and this act shall take 
effect from and after its passage. 

Approved January 28, 1881. 



APPELLATE COURT OF FOURTH DISTRICT, 

§ 1. Appropriates $1,800— How drawn. In force February 1, 1881. 

§ 2. Emergency clause. 

An Act to make an appropi'iation for the payment of the expenses 
incurred heretofore for the Appellate Court of the Fourth District. 

Whereas, by section eighteen (18) of an act entitled "An act to 
establish appellate courts," approved June 2, 1877, it was provided 
that there should be held an appellate court in the fourth district, 
held at Mount Vernon; and 



10 APPKOPEIATIONS. 



Whekeas, said court has been held in accordance with law, and 
expense incurred in that behalf; and 

Whep.eas, no appropriation was made by the last General As- 
sembly for the payment of the expenditures so directed to be made 
by and for said court ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That for the purpose of paying the 
liabilities and expenses incurred, appertaining to the holding of said 
court since the adjournment of the last general assembly to the 
first day of July, A. D. 1881, the sum of eighteen hundred dollars 
($1,800), or so much thereof as may be necessary to liquidate said 
indebtedness, be appropriated out of the state treasury, and that 
upon presentation of proper vouchers, duly certified by the clerk of 
said court, and upon an order signed by a majority of the judges 
of said court, to the auditor of public accounts, the said auditor 
shall draw his warrants on the state treasurer for the amount of 
the same, payable to the holder of such vouchers out of the appro- 
priation hereby made. 

§ 2. Whereas, it is desirable that said liabilities be paid without 
further delay, therefore an emergency exists, and this act shall go 
into effect within ten (10) days after its passage. 

Appkoved February 26, 1881. 



A. A. GLENN. 

I 1. Appropriates $1,118.09, balance of salary due while acting governor in 1875 and 1876. 
In force July 1,1881. 

An Act to allow A. A. Glenn one thousand one hundred and eighteen 
dollars and nine cents as salary of office, while acting governor of the 
State of Illinois in 1875 and 1876. 

Section 1. Be it enacted by the People of the State of Illinois, rej)- 
resented in the General Assembly, That there is hereby appropriated, 
out of any moneys in the state treasury not otherwise appropriated, 
the sum of one thousand one hundred and eighteen dollars and nine 
cents ($1,118.09), to pay the salary of office of A. A. Glenn, as acting 
governor of the state of Illinois for sixty-eight clays, during the years 
1875 and 1876 ; and on the presentation of properly receipted bills 
to the auditor of public accounts, he shall draw his warrant on the 
state treasurer, in favor of said A. A. Glenn, for said amount. 

Approved March 9, 1881. 



APPROPRIATIONS. 11 



FOR HEATING STATE HOUSE, STATE PRINTING AND BINDING, AND OFFICE 
EXPENSES OF SECRETARY OF STATE. 

§1. Appropriates $18, 250. |[ IT 4. $ii50 for office expenses of secre- 

U 1. $7,000 for pay of laborers in heat- | tary of state, 

ing of state house. l| §2. How drawn. 

3f|- i'll"}!^0P^y|"^^H®^K'^'"f-''^- I §3. Emergency, in force March 17, 1881. 

113. $3, 000 to pay for state binding. I e, j. . , 

An Act to jJf'ovide for the expenses of heating the state house, for the 
state printing, for the state binding, and also for the office expenses 
of the secretary of state, incurred or to be incurred, and noiv unpro- 
vided for, until June 30, 1881. 

Section 1. Be it enacted by the People of the State of Illinois, rejyre- 
sented in the General Assembly, That the fohowing appropriations, or 
SO much thereof as may be necessary, be and the same are hereby 
made to meet the expenses of heating the state house, state print- 
ing, state binding, and of the office of secretary of state, incurred, 
or to be incurred, and now unprovided for, until June 80, 1881 : 

First— The sum of seven thousand dollars (^7,000), or so much 
thereof as may be necessary, for fuel, engineers, firemen and la- 
borers in and about the heating department of the state house, and 
the necessary repairs and incidental expenses in said department of 
the state house, to be paid by the state treasurer as now required 
by law. 

Second — The sum of eight thousand dollars ($8,000), or so much 
thereof as may be required, for state printing, to be paid in ac- 
cordance with the contract, and upon the certificate of the commis- 
sioners of state contracts, approved by the governor. 

Third — The sum of three thousand dollars ($3,000), or so much 
thereof as may be required, for state binding, to be paid in accord- 
ance with the contract and upon the certificate of the commissioners 
of state contracts, approved by the governor. 

Fourth —The sum of two hundred and fifty dollars ($250), or so 
much thereof as may be required, for repairs, postage, telegraphing 
and other incidental expenses of the office of the secretary of state, 
to be paid by the state treasurer as now provided by law. 

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

§ 3. Whereas, the appropriations above recited are necessary for 
the transaction of the business of the state, therefore an emergency 
exists, and this act shall take effect and be in force from and after 
its passage. 

Approved March 17, 1881. 



12 APPROPRIATIONS. 



THIRTY-SECOND GENERAL ASSEMBLY AND OFFICERS OF STATE GOVERNMENT. 

§ 1. Appropriates $200, 000. I In force March 22, 1881. 

§ 2. Emergency clause. I 

An Act making an additional appropriation for the p)ayment of the offi- 
cers and members of the Thirty -second 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, rep- 
resented in the General Assembly, That there be and is hereby 
appropriated an additional sum of two hundred thousand dollars 
($'200,000), or so much thereof as may be necessary, to pay the 
of&cers and members of the Thirty-second General Assembly, and 
the salaries of the ofiicers of the state government, at such rate of 
compensation as is now, or hereafter may be, fixed by law, until 
the expiration of the first fiscal quarter after the adjournment of the 
Thirty-second General Assembly. 

§ 2. Whereas, there does now exist a deficiency in the appropria- 
tion heretofore made for the above purpose, therefore an emergency 
exists, and this act shall take effect and be in force from and after 
its passage. 

Approved March 22, 1881. 



LINCOLN MONUMENT ASSOCIATION. 

§ 1. Appropriates $5, 000-How drawn. I ^^ force April 13. 1881. 

§ 2. Emergency clause. | 

An act appropriating the sum of fir e thousand dollars {$5,000) to the 
National Lincoln Monument Association. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That the sum of five thousand dollars 
($5,000) be and the same is hereby appropriated to the "National 
Lincoln Monument Association," of Springfield, Illinois, out of any 
money in the treasury not otherwise appropriated, to be drawn on 
the order of the vice-president and secretary of said association, 
and to be used, under the direction of said association, in finishing 
the Lincoln Monument, and improving the grounds belonging to 
and surrounding it. 

§ 2. Whereas, the sum above appropriated will be needed prior 
to the first day of July, 1881, therefore an emergency exists, and 
this act shall take effect and be in force from and after its passage. 

Approved April 13, 1881. 



APPROPRIATIONS. 13 



DOUGLAS MONUMENT AT CHICAGO. 



§ 1. Ee-appropriates $4, 798— Invests old 
commissioners with authority to 
use— How drawn. 



§ 2. Emergency clause. 
In force April 13, 1881. 



An Act to re-appropriate four thousand seven hundred and ninety-eight 
dollars {$4,798) to complete the Douglas monument at Chicago, the 
said amount having lapsed into the state treasury from the appropri- 
ation of May 21, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in tlie Genercd Assembly, That the commissioners named 
in an act entitled "An act to appropriate fifty thousand dollars 
($50,000) to complete the Douglas monument at Chicago, approved 
May 21, 1877, be and the same are hereby continued as such com- 
missioners of the said Douglas monument at Chicago, with all the 
authority, rights, privileges and restrictions named in said act. For 
the purpose of defraying the cost of the final completion of the said 
Douglas monument at Chicago, the sum of four thousand seven 
hundred and ninety-eight dollars ($4,798) is hereby appropriated out 
of the state treasury, and the auditor of public accounts is hereby 
authorized to draw his warrant on the state treasurer for the said 
amount, out of any money not otherwise appropriated, upon the 
certificate of a majority of said commissioners, as specified in said 
act. 

§ 2. Whereas, the completion of the said monument, by the 
commissioners aforesaid, had been contracted for at the time the 
above said amount lapsed into the state treasury, and that most, if 
not all, of the work to complete said monument is completed, and 
the commissioners are owing for the same, therefore an emergency 
exists, and this act shall be in force from and after its passage. 

Approved April 13, 1881. 



THIRTY-SECOND GENERAL ASSEMBLY. 

§ 1. Appropriates $5,000. I In force May 4, 1881. 

§ 2. Emergency clause. I 

An Act to make an appropriation to pay the necessary expenses of the 
different standing and special committees of the two houses of the 
Thirty-second General Assembly. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sum of five thousand 
dollars ($5,000) is hereby appropriated from the state treasury, or 



14 



APPKOPRIATIONS. 



as much thereof as may be needed, to pay the necessary expense 
of the different standing and special committees of the two houses, 
their clerks, short-hand reporters, experts and witnesses of the Thirty- 
second (32d) General Assembly, payable on the certificate of the chair- 
men of the respective committees, approved by the presiding officers 
of the respective houses. 

§ 2. [Emergency.] Whereas, the appropriation above recited is 
necessary for the transaction of the business of the state and this 
general assembly, therefore an emergency exists, and this act 
shall take effect and be in force from and after its passage. 

Approved May 4, 1831. 



EYE AND EAR INFIRMARY. 



1. Appropriated $32,000 for ordinary ex- 

penses. 

2. Appropriates $6,912 as follows: 

IT 1. $l,<too per annum for repairs and 

improvements. 
U 2. $1,0(10 per annum for furniture. 
H 3. $S00 for stone sidewalk. 
H 4. $500 for iron fence. 



U 5. $200 for ice house. 

H 6. $300 for ventilating apparatus. 

IT 7. $200 for laundry machinery. 

H 8. $600 for smoke stack and painting' 

buildings. 
IT 9. $312 for paving Adams street. 
§ 3. How drawn. 



An Act making apiwopriations for the Illinois Charitable Eye and 
Ear Infirmary, at Chicago. 

Section 1. Be it enacted by the Peojjle of the State of Illinois, 
represented in the General Assembly, That there is hereby appropri- 
ated to the Illinois Charitable Eye and Ear Infirmary, at Chicago, 
for ordinary expenses, the sum of fifteen thousand dollars ($15,000), 
for one (1) year from July 1, 1881, and at the rate of seventeen 
thousand dollars ($17,000) per annum from the first day of July, 
1882, payable quarterly in advance, until the expiration of the first 
fiscal quarter after the adjournment of the next general assembly. 

§ 2. That for the purpose of making needed repairs and im- 
provements, the sum of one thousand dollars ($1,000) per annum is 
hereby appropriated ; for the purchase of additional furniture, the 
sum of one thousand dollars ($1,000) per annum; for stone side- 
walk, eight hundred dollars ($800) ; for iron fence and stone coping, 
five hundred dollars ($500) ; for ice house, two hundred dollars 
($200) ; for steam heating apparatus for ventilation, three hundred 
dollars ($300) ; for machinery for laundry, tAVO hundred dollars. 
($200) ; for raising smoke stack, tuck-pointing same and painting- 
buildings, six hundred dollars ($600) ; for paving Adams street, 
three hundred and twelve dollars ($312). 

§ 3. The moneys herein appropriated shall be drawn from the 
state treasury in the manner and subject to the limitations and 
conditions now provided by law. 

Approved May 25, 1881. 



APPROPEIATIONS. 



15 



SOUTHERN HOSPITAL FOR INSANE. 



1. Appropriate $12,000 for barracks and 

furniture for same. 

2. How drawn. 



§ 3. Emergency. 

In force May 25, 18.81. 



An Act to make an appropriation to meet the emergency created by the 
burning of the north 7ving of the Southern HosjAtal for the Insane, 
at Anjia. 

Section 1. Be it enacted by the People oj the State of Illinois, repre- 
sented in the General Assembly, That there be and is hereby appro- 
priated the sum of twelve thousand dollars (^12,01)0,) payable out 
of any moneys in the state treasury not otherwise appropriated, to 
enable the trustees of the Southern Hospital for the Insane, at 
Anna, to build temporary wooden barracks and j)urchase the neces- 
sary furniture for the same, for the accommodation, during the 
summer, of the male patients who were burned out in consequence 
of the destruction of the north wing of the said hospital by fire, on 
the night of the eighteenth of April. 

§ 2. The moneys herein appropriated shall be due and payable 
to the trustees or their order, only on the terms and in the man- 
ner now provided by law. 

§ 3,- Whereas, the crowding of the male patients into the female 
wing of the hospital, occasioned by said fire, is the cause of much 
inconvenience and injury to patients of both sexes, therefore an 
emergency exists ; therefore, this act shall be in force from and 
after its passage. 

Approved May 25, 1881. 



1. Appropriates $94, 000. 
H 1. $90, 000 for rebuilding north wing. 
IT 2. $3, 000 for furniture. 
H 3. $1, 000 for repairs in centre build- 
ing. 



How drawn. 
Emergency. 
In force May 25, 1881. 



An Act to make an appropriation for rebuilding and refurnishing the 
north -wing of the Southern HosjAtal for the Insane, at Anna. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That there be and are hereby 
a'ppropriated to the Southern Hospital for the Insane, at Anna, the 
following amounts, for the purposes herein specified, and for no 
other : 

For rebuilding the north wing of the said hospital, including cost 
of the improvements recommended by the commission appointed by 
the governor to inquire into the amount of the damage done by fire, 
and the cost of repairing the same, the sum of ninety thousand 
dollars ($90,000). 



16 APPROPRIATIONS. 



For new furniture to replace the furniture destroyed, the sum of 
three thousand dollars ($3,000.) 

For repairing damages done by water in the center building, one 
thousand dollars ($1,000.) 

§ 2. The moneys herein appropriated shall be due and payable 
to the trustees or their order, only on the terms and in the manner 
now provided by law. 

§ 3. Whereas, it is necessary to complete the repairs to the 
burned wing of the said southern hospital for the insane before the 
winter sets in, in order to avoid the suffering which would other- 
wise result, therefore an emergency exists ; therefore, this act shall 
take effect and be in force from and after its passage. 

Approved May 25, 1881. * 



ATHERTON CLARK. 

§ 1. Appropriates $600 for damages to lands— How drawn— Bar to further claims. 

In force July 1, 1881. 

An Act to j^rovide for the payment to Atherton Clark of certain damages 
to lands and other i^foperty, sustained by the construction and main- 
tenance of the dam on the Illinois river, near Henry, in Marshall 
county, Illinois. 

Section 1. Be it enacted^ by the People of the State of Illinois, 
represented, in the General Assembly, That the sum of six hundred 
dollars ($600), which was appropriated by an act of the general 
assembly of the state of Illinois entitled "An act to provide for the 
payment of damages to lands and other property, sustained by 
the owners thereof, by the construction of the dam on the Little 
Wabash river, at New Haven, in Gallatin county, Illinois, and 
by the construction of the dam on the Illinois river, near Henry, 
in Marshall county, Illinois," approved May 31, A. D. 1879, in force 
July 1, A. D. 1879, for the payment to Atherton Clark of the dam- 
ages to the southwest quarter of section number thirty-one (31), 
in township number fifteen (15) north, range number ten (10) east, 
of the fourth (4th) principal meridian, in the county of Bureau, and 
the state of Illinois, occasioned and sustained by the construction 
and maintenance of the lock and dam on the Illinois river, near 
Henry, in Marshall county, Illinois, by the authority of the state of 
Illinois, according to the recommendation contained in the report of 
the joint select committee of the two houses of the Thirtieth Gen- 
eral Assembly, shall be paid to the said Atherton Clark, or his heirs 
or legal representatives, in the manner specified and provided by the 
above mentioned act of the general assembly of the state of Illinois, 
upon his, or their, filing with the auditor of public accounts of the 
state of Illinois his, or their, own release, and none other, in the 
form specified by the aforesaid act of the general assembly of the 



APPEOPEIATIONS. 



17 



state of Illinois ; and upon such payment and release being made, 
executed and tiled, as aforesaid, the same is hereby declared to be, 
and shall be, a complete and perpetual bar to any further claims 
for damages to said lands above described, occasioned or sustained, 
or to be hereafter occasioned or sustained, by the construction, main- 
tenance or repair of said dam, by any person or persons whomso- 
ever. 
Approved May 25, 1881. 



GEOLOGICAL REPORTS. 



§ 1. Publication of 7th volume of geo- 
logical survey— Republication of 
three volume. 

§ 2. Distribution of volumes provided by 
this act. 



§ 3. Appropriates $5,000 for preparing vol. 

7, and $5,000 for publication of the 

volume. 
§ 4. Warrants on fund— how drawn. 

In force July 1, 1881. 



An Act to provide for the iireparation and j)uhlication of the Illinois 

Geological Reports, 

Whereas, the mineral resources of this state are of great value 
and importance, and their full development is deemed a matter of 
paramount interest to its future prosperity, and to this end it is 
necessary to collect and prepare for publication in some permanent 
form all such facts and information as can be obtained, from year 
to year, by the personal examination of important localities by a 
competent geologist, and from experiments made by private parties 
with a drill, and by shafts for coal and other mineral products; 
and 

Whereas, there is a great and increasing demand for the volumes 
of the geological reports already published ; and. 

Whereas, the economical portion of said reports, relating espe- 
cially to the mining and agricultural interests of this state, can be 
reproduced in three (3) royal octavo volumes of about five hundred 
and fifty (550) pages each, at a cost not exceeding seventy-five 
(75) cents per copy for each volume ; therefore. 

Section 1, Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That the curator of [thej state histori- 
cal library and natural history museum, who is also required to per- 
form such duties as "may by law be required of the state geologist, 
shall, during the ensuing two years, collect and prepare for publi- 
cation in a style conformable with the volumes of the geological 
survey already published, a volume with such maps, sections and 
plates as he may deem necessary to properly illustrate the same ; 
this volume to be entitled Vol. 7 of the geological survey of Illi- 
nois. Five thousand (5,000) copies of said seventh volume, together 
with three thousand (3,000) copies of each of the three (3) volumes 
—2 



18 APPROPEIATIONS. 



comprising the economical portion of the six (6) volumes already pub- 
lished, to be printed by state authority under the law authorizing 
state printing and binding. 

§ 2, These volumes shall be distributed as follows : Of volume 
7, five (5) copies to each member and one (1) copy to each officer 
of the Thirty-second General Assembly, one (1) copy to each state 
officer, one (1) copy to each college, high school and public library 
in the state, one (1) copy to each state library in the United 
States, three hundred (300) copies to the director of the work, for 
foreign distribution and exchange, and the remainder to be distrib- 
uted by the secretary of state. The three (3) other volumes of 
reprint shall be distributed as follows : Five (5) copies to each 
member, and one (1) copy to each officer of the Thirty-second Gen- 
eral Assembly, and the remainder to be distributed by the secre- 
tary of state. 

§ 3. For carrying out the provisions of this act, the sum of five 
thousand dollars ($5,000) per annum is hereby appropriated, or so 
much thereof as may be required, to prepare the said volumes for 
publication, and to pay the salaries of such assistants as may be 
required, for traveling and incidental expenses, and for drawing, 
engraving and printing such sections and plates as may be required 
for said seventh volume ; and the further sum of five thousand dol- 
lars ($5,000) is hereby appropriated to defray the cost of printing 
and binding the said volumes, the paper to be furnished by the 
secretary of state under the contract for printing paper and sta- 
tionery. 

§ 4. The auditor of public accounts is hereby authorized and 
required to draw his warrant on the state treasurer for the sums 
above named, on vouchers duly certified by the director of the 
work, and approved by the governor, and the state treasurer shall 
pay said amounts out of the funds hereby appropriated. 

Approved May 26, 1881. 



ILLINOIS AND MICHIGAN CANAL. 

§1. Appropriates $60, 000 and earnings. I §3. Canal commissioners to file state- 

§ 2. How drawn. m-^i^ts with auditor. 

I Inforce July 1, 1881. 

An Act making appropyiations for the necessary repairs and running 
expenses of the Illinois and Michigan Caned until the expiration of 
the first fiscal quarter after the adjourmnent of the next General 
Assembly. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That, for the purpose of making 
necessary repairs and providing means to put and keep the Illinois 
and Michigan Canal in navigable condition, until after the adjourn- 
ment of the next general assembly, there is hereby appropriated 



APPROPRIATIONS. 19 



from the state treasury, for the first year, the sum of thirty thousand 
dollars ($30,000), and for the second year the sum of thirty thousand 
dollars ($30,000), or so much of each as may be absolutely neces- 
sary for that purpose : Provided, that no portion of the money 
hereby appropriated shall be used for the purpose above specified 
until all the surplus earnings of the canal have been fully exhausted 
in making needed repairs and defraying necessary expenses of opera- 
ting the said canal. 

§ 2. The appropriations made by this act shall only be paid upon 
detailed] statements made by the canal commissioners, filed with the 
auditor, bearing the order of the canal commissioners and the approval 
of the governor. 

§ 3. Said board of canal commissioners shall keep an accurate 
and detailed account of all moneys received by them from every 
source, together with their disbursements and expenditures of every 
kind and nature, and at the end of each quarter transmit to the 
auditor of public accounts a full and complete statement, showing 
in detail the amount of money received during said preceding quarter, 
from every source, and how and to whom the same has been dis- 
bursed. 

Approved May 27, 1881. 



WILLIAM R. ARCHER. 

§ 1. Appropriates $1,000. I In force July 1, 1881. 

§ 2. How dra-svn. I 

An Act to compensate William R. Archer for j^rofessiojial services on 
behalf of the state, before the commission of claims. 

Whereas, it appears, from the report of the attorney-general, that 
claims amounting in the aggregate to the sum of $2,739,783.62, 
were filed against the state before the commission of claims at the 
August term, 1878 ; and 

Whereas, at the instance and request of the attorney-general, 
William E. Archer assisted in the argument, on behalf of the state, 
against the allowance of said claims, of which only the sum of 
$980.98 was allowed; therefore. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That there be, and is hereby, ap- 
propriated to the said Wilham R. Archer the sum of $1,000.00, for 
professional services in assisting the attorney-general in defending 
the state against_ claims recited in the preamble to this act ; said 
amount to be paid on the warrant of the auditor, out of any money 
in the treasury not otherwise appropriated. 

§ 2. The auditor is hereby authorized and required to draw his 
warrant on the treasury, payable to the said William E. Archer.. 
for the said sum of one thousand dollars ($1,000.00). 

Approved May 27, 1881. 



20 



APPEOPBIATIONS . 



FOR THE STATE EEFORM SCHOOL, AT PONTIAC. 



1. ApiJropriates $71,090, as folloAvs: 

IT 1. $28,000 per annum for ordinory ex- 
penses. 
1: 2. $200 for boys" library. 
IT 3. $500 for washing maeliines. 
1i 4. $800 for painting roofs of buildings. 
IT 5. $200 for improvement of ground. 



IT 6. .$600 for improvement of buildings. 
IT 7. For lining wash troughs, $200. 
IT 8. $590 for painting buildings. 
IT 9. $1,000 per annum for improvements. 
IT 10. .$10,000 for improvements of venti- 
lation, privy vaults, etc. 
§ 2. How paid. 

In force July 1, 1881. 

An Act making cqjj^rojjriations for the State Reforin School, at Pontiac. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the following sums be, 
and are hereby, appropriated to the State Eeform School, at Pon- 
tiac, for the purposes herein specified : 

For ordinary exp'enses, twenty-eight thousand dollars (^28,000) 
per annum, payable quarterly in advance, from the first day of 
July, 1881, to the expiration of the first fiscal quarter after the 
adjournment of the next general assembly. 

For replenishing boys' library and furnishing papers, two hundred 
dollars ($200) per annum. 

For two (2) washing machines, two hundred and fifty dollars 
(|250) each. 

For painting tin roof on main and engine buildings, cornices, 
windows and doors in main, engine and family buildings, eight 
hundred dollars ($800). 

For improvement of grounds, two hundred dollars ($200). 

For renewing stairs m work shops, wings of main building, and 
new floor in chapel, six hundred dollars ($600). 

For lining wash troughs in dormitories and water tank, two hun- 
dred dollars ($200). 

For painting brick work, main and family buildings, five hundred 
and ninety dollars ($590). 

For repairs and improvements, one thousand dollars ($1,000) per 
annum, from the first day of July, 1882, to the expiration of the 
first fiscal quarter after the adjournment of the next general 
assembly. 

To provide privy vaults for dormitories, and to remedy the venti- 
lation of the buildings, the sum of sixteen thousand dollars, or so 
much thereof as may be necessary. 

§ 2. The moneys herein appropriated shall be paid to the insti- 
tution in the manner and upon the conditions now provided by law. 

Approved May 27, 1881. 



APPKOPRIATIONS. 



21 



PENITENTIARY AT JOLIET. 



How drawn. 

In force July 1, 1881. 



§ 1. Appropriates $32,000, as follows: 
IT 1. $20,000 for roof, floor, painting and 

other repairs. 
IT 2. $5,000 for new barn. 
H 3. $7,000 for gas works. 

An Act making appropriations for making repairs and improvements in 
the Illinois State Penitentiary, at Joliet; repairing roofs, relaying 
floors, kalsomining and jjainting huildings, for rebuilding the stone 
portico, for hiiilding a neiv barn, purchasing the gas ivorks and intro- 
ducing gas into the cells. 

Section 1. Be it enacted, by the People of the State of Illinois, 
represented in the General Assembly, That the following sums be, and 
the same are hereby, appropriated for the Illinois State Penitentiary, 
at Joliet, for the purposes hereinafter named, and for no other : 

For renewing roofs, for relaying floors, for kalsomining and paint- 
ing, for rebuilding the portico in "front of the warden's house, and 
other smaller necessary repairs, the sum of twenty thousand dollars 
($20,000.) 

For building a new barn of stone, with cellar underneath, the sum 
of five thousand dollars (S5,000.) 

For purchasing the gas works, now located and in use in the prison, 
and introducing gas into the cells, the sum of seven thousand dol- 
lars ($7,000). 

§ 2. The auditor of public accounts is hereby authorized to draw 
his warrant upon the state treasurer for the moneys herein appro- 
priated, upon the order of the board of commissioners of said pen- 
itentiary, signed by the president and attested by the secretary, with 
the seal of said institution thereto affixed. 

Approved May 27, 1881. ' 



HORTICULTURAL SOCIETY. 

§ 1. Appropi'iates $2,000 per annum. In force July 1, 1881. 

An Act making appropriation in aid of the Illinois Horticultural Society. 

Section 1. Be it enacted by the Peojjle of the State of Illinois, 
represented in the General Assembly, That there be appropriated for 
the use of the Illinois State Horticultural Society the sum of two 
thousand dollars ($2,000) per annum, for the years 1881 and 1882, 
to be expended by said society for the purpose, and in the manner, 
specified in "An act to reorganize the Illinois Horticultural Society," 
approved March 24, 1874. 

Approved May 27, 1S81. 



22 



APPROPKIATIONS. 



INSTITUTION FOR THE DEAF AND DUMB. 



1. Appropriates $177, 000, as follows: 
11 1. $85,000 per annum for ordinary ex- 
penses. 
H 2. $3,000 per annum for repairs and 
improvements. 



IT 3. 



$500 per annum for pupils' library. 
In force July 1, 1881. 



An Act for the support of the Illinois Institution for the Education of 
the Deaf and Dumb, and for general repairs thereon, and for the 
jnipils' library. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly That, for the purpose of defray- 
ing the orclmary expenses of the Illinois Institution for the Educa- 
tion of the Deaf and Dumb, the sum of eighty-five thousand dollars 
($85,000) per annum is hereby appropriated out of the state treasury, 
payable quarterly in advance, from the first day of July, 1881, until 
the expiration of the first fiscal quarter after the adjournment of 
the next general assembly. 

And that there be and are hereby appropriated the further sums 
of three thousand dollars ($3,000) per annum for repairs and im- 
provements ; 

And five hundred dollars ($500) per annum for the pupils' library, 
from the first day of July, 1881, until the expiration of the first 
fiscal quarter after the adjournment of the next general assembly. 

§ 2. The moneys herein appropriated shall be due and payable 
to the trustees, or their order, only on the terms and in the manner 
now provided by law. 

Approved May 27, 1881. 



soldiers' orphans' home. 



H 3. $500 for library. 

1i 4. $5, 000 for hospital. 

H 5. $4,300 for boiler-house, etc. 

In force July 1, 1881. 



§ 1. Appropriates $97,800, as follows: 

H 1. $38, 500 for the year 1881, $46, 500 for 
the year 1882, for ordinary ex- 
penses. 

U 2. $3,000 for improvements and repairs. 

An Act making ap)prop)riations for the ordinary and other expenses of 
the Soldiers' Orphans'' Home, at Normal, Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That there is hereby appropriated 
to the Soldiers' Orphans' Home, at Normal, for ordinary and inci- 
dental expenses, for the year commencing July 1, 18S1, in addition 
to the unexpended balance, the sum of thirty-eight thousand five 
hundred dollars ($38,500) ; and the sum of forty-six thousand five 
hundred dollars ($46,500) per annum, thereafter, until the expiration 



APPEOPRIATIONS. 



23 



of the first fiscal quarter after the adjournment of the next regular 
session of the general assembly ; the sums herein appropriated to 
be paid quarterly in advance. 

And there is further appropriated to said institution, for the fol- 
lowing purposes, viz : 

For necessary improvements and repairs, three thousand dollars 
(13,000). 

For library (new books), five hundred dollars ($500). 

For the erection and furnishing a suitable hospital building, five 
thousand dollars (|5,000). 

For new boiler-house and a new steam boiler, with necessary 
heating apparatus, four thousand three hundred dollars ($4,800). 

§ 2. The auditor of public accounts is hereby authorized and 
directed to draw his warrant upon the state treasurer for the amounts 
herein appropriated, upon the order of the board of trustees, signed 
by the president and attested by the secretary, with the seal of the 
institution, subject to the provisions of sections eighteen (18), nine- 
teen (19) and twenty (20) of "An act to regulate state institutions, 
etc.," approved April 15, 1875. 

Approved May 27, 1881. , . " 



INSTITUTION FOR THE BLIND. 



i 1. 

i: 



Appropriates $47,500 as follows: 



1. $33,000 for completion of east wing. 

2. $2,500 for apparatus, musical in- 

struments and furniture. 
IT 3. $12,000 for barn, coal house and 
shops. 



Trustees may make contracts for 

building. 
How drawn. 

In force July 1, 1881. 



An Act making appropriations for the Illinois Institution for the Edu- 
cation of the Blind. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That the following amounts be, and 
are hereby, appropriated to the Illinois Institution for the Education 
of the Blind : 

For the construction and completion of the east wing of the main 
building; the sum of thirty-three thousand dollars ($33,000). 

For school apparatus, musical instruments and furniture, the 
sum of twenty-five hundred dollars ($2,500). 

For the construction of a barn, coal house and shops, the sum 
of twelve thousand dollars ($12,000). 

§ 2. The trustees are limited in their contracts for building by 
the amount herein appropriated for such building, and no portion 
of any sum herein appropriated shall be used for any other purpose 
than that for which the appropriation is made. 

§ 3. All moneys hereby appropriated shall be due and payable 
to the board of trustees upon their order, signed by the president 
and attested by the secretary of the board, subject to the limita- 
tions and restrictions prescribed by law. 

Approved May 27, 1881. 



24 APPEOPRIATIQNS. 



NEXT GENERAL ASSEMBLY AND SALARIES OF STATE OFFICERS. 

§ 1. Appropriates $900,000. In force July 1, 1881. 

An Act making an appropriation jor the payment of the officers and 
members 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^ 
represented in the General Assembly, That there be, and is hereby, 
appropriated the sum of nme hundred thousand ($900,000) dollars, 
or such sum as may be necessary, to pay the officers and members 
of the next general assembly, and the salaries of the officers of the 
state government, at such rate of compensation as is now or here- 
after may be fixed by law, until the expiration of the first fiscal 
quarter after the adjournment of the next regular session of the 
general assembly. , • 

Approved May 27, 1881. 



monument to shadrach bond. 

§ 1. Appropriates $1,500 for the erection I §2. Appointment of commissioners, 
of a monument at Chester, Illinois. | § 3. How appropriation drawn. 

An Act to make an apjjropriation to erect a monumient at Chester, Illi- 
nois, over the grave of Shadrach Bond, the first governor of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
rejyresented in the General Assembly, That the sum of fifteen hundred 
dollars be, and the same is hereby, appropriated, for the purpose of 
erecting a monument at Chester, Illinois, over the grave of Shadrach 
Bond, the first governor of the state, and for the purpose of erect- 
ing a suitable enclosure therefor. 

§ 2. The governor shall appoint two commissioners, who shall 
serve without compensation, under whose direction the work provided 
for in section one of this act shall be performed. 

§ 3. The auditor of public accounts shall draw his warrant for 
all, or any part, -of the sum hereby appropriated, upon the certifi- 
cate of the said commissioners, approved by the governor. 

Approved May 27, 1881. 



APPEOPRIATIONS, 



25 



ILLINOIS CENTRAL RAILEOAD FUND — STATE DEBT. 



§ 2. Appropriates $25,000 for payment of 

state debt. 
§ 3. Emergency. 



§ 1. Transfers $134,708.71 from Illinois 
Central Railroad fund to revenue 
fund, and directs all payments 
hereafter made by said railroad to 
be credited to revenue fund. 

An Act to make the tax on gross earnings of the Illinois Central Rail- 
road available for payment of the ordinary expenses of tlic State 
government, and to make an appropriation for paying the balance of 
the state debt from the general revenue fund. 

Whereas, the constitution of this state provides that all moneys 
derived from the lUinois Central Eailroad Company, after the pay- 
ment of the state debt, shall be appropriated and set apart for the 
payment of the ordinary expenses of the state government, and for 
no other purpose whatever ; and, 

Whereas, the bonded debt of the state has been called in for 
payment and has been paid, except the principal and accrued 
interest on twenty-three thousand six hundred dollars ($23,600) of 
bonds, which have ceased to draw interest, but which have not been 
presented for payment ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the Genercd Assembly, That the sum of one hundred 
and thirty-four thousand seven hundred and eight dollars and 
seventy-one cents ($134,708.71,) being the balance of the Illinois 
Central Railroad fund now in the treasury, be transferred on the 
warrant of the auditor of public accounts " to the general revenue 
fund, and hereafter all payments to the state of tax on gross earn- 
ings of the Illinois Central Railroad shall be credited to the general 
revenue fund. 

§ 2. The sum of twenty-five thousand dollars ($25,000), or so 
much thereof as may be necessary, is hereby appropriated from the 
general revenue fund, for the payment of the principal of and 
interest on the outstanding state debt, and the auditor shall issue 
his warrant therefor upon the proper evidence of the payment of 
the bonds and interest, approved by the governor. 

§ 3. Whereas, the Illinois Central Railroad fund, now in the 
treasury, is needed in the general revenue fund to pay appropria- 
tions made by this general assembly, therefore an emergency exists, 
and this act shall take effect and be in force from and after its 
passage. 

Approved May 27, 1881. 



26 - APPROPEIATIONS. 



INSTITUTION FOR THE DEAF AND DUMB. 

§ 1. Appropriates $15, 000 for improve- I § 2. How drawn. 

ments. I In force July 1, 1881. 

An Act making ai^propriations for the Illinois Institution for the Edu- 
cation of the Deaf and Dumb. 

Section 1. Be it enacted by the Peojjle of the State of Illinois, 
represented in the General Assembly, That there be and are hereby 
appropriated to the Illinois Institution for Education of the 
Deaf and Dumb, the sums of three thousand dollars ($3,000) for 
the erection of a barn ; three thousand dollars ($3,000) for the erec- 
tion of a bakery; one thousand three hundred dollars ($1,300) for 
the erection of veranda fire escapes ; five thousand dollars ($5,000,) 
for the erection of a store-house, and three thousand dollars 
($3,000) for the erection of a filter and hlter-house. 

§ 2. The auditor of public accounts is hereby authorized and 
required to draw his warrant on the treasurer for the said sums, 
upon orders of the board of trustees of the Illinois Institution for 
the Education of the Deaf and Dumb, signed by the president and 
attested by the secretary of said board, with the seal of the insti- 
tution, accompanied by such vouchers and certificates as are 
required by law for the drawing of funds from the treasury by said 
institution. 

Approved May 27, 1881. 



institution for the blind, at JACKSONVILLE. 



114. $1,440 for engine and machinery. 
2. How drawn. 

Inforce July 1,1881. 



§ 1. Appropriates $52,215. 
1i 1. .$47, 000 for expenses. 
IT 2. $1, 500 for improvements. 
U 3. $775 for sewer. 

An Act making appropriations for the expenses of the Illinois Institu- 
tion for the Education of the Blind, at Jacksonville. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That there be, and are hereby, 
appropriated to the Illinois Institution for the Education of the Blind, 
at Jacksonville : 

For ordinary expenses, payable quarterly in advance, the sum of 
twenty-two thousand dollars ($22,000) for one year, from the first 
of July, 1881, and at the rate of twenty-five thousand dollars ($25,000) 
per annum thereafter, until the expiration of the first fiscal quarter 
after the adjournment of the next general assembly. 

For repairs and improvements, fifteen hundred dollars ($1,500) 
per annum. ' 



APPROPEIATIONS. 27 



For a sewer, seven hundred and seventy-five dollars ($775). 

For an engine and laundry machinery, fourteen hundred and forty 
dollars ($1,440). 

§ 2. The moneys herein appropriated shall he due and payable 
to. the trustees, or their order, only on the terms and in manner now 
provided by law. 

Appeo^-ed May 27, 1881. 



ILLINOIS STATE PENITENTIAKY, AT JOLIET. 

§ 1. Authorizes purchase of land. I § 3. How drawn. 

§2. Appropriates $10,500 therefor. I In force July 1, 1881. 

An Act to authorize the commissioners of the Illinois State Peniten- 
tiary, at Joliet, to purchase land for use of the penitentiarij , and to 
make appropriation therefor. 

Section 1. Be it enacted hij the People of the State of Illinois, 
represented^ in the General Assemhly, That the commissioners of the 
Illinois State Penitentiary, at Joliet, are authorized to purchase, for 
the use of said penitentiary, the tracts of land known as lots two 
(2) and three (3), assessor's sub-division of section No. three (3), in 
township thirty-five (35) north, range ten (10) east, of the third prin- 
cipal meridian, in the county of Will, containing eighty-three 91-100 
acres, more or less : Provided, a good and valid title can be made 
for said land to the state by the present owners thereof. 

§ 2. The sum of ten thousand five hundred dollars, or so much 
thereof as may be necessary, is hereby appropriated, payable from 
the levy of 1881, for the purchase of the real estate described in this 
act, and for no other purpose. 

§ 3. The commissioners of the Illinois State Penitentiary shall 
present to the governor the abstracts of title and aU other papers 
connected with the purchase of said real estate, and upon his certi- 
fying his approval of said transaction, said penitentiary commis- 
sioners are authorized to make requisition upon the auditor, who 
shall draw his warrant upon the treasurer of state for the amount 
necessary to pay for said real estate, not to exceed the amount ap- 
propriated by this act. 

Appkoved May 27, 1881. 



28 APPEOPKIATIONS. 



SCHOOL FOR DEAF AND DUMB CHILDREN AT CHICAGO. 

§ 1. Appropriates $5, 000 for expenses. I In force July 1, 1881. 

§ 2. How drawn. i 

An Act to appropriate money for the siqjport of a school for Deaf and 
Dumb Children in Chicago. 

Section 1. Be it enacted by the People oj the State of Illinois, rep- 
resented in the General Assembly, That there be, and is hereby, ap- 
propriated, out of any money in the state treasury not otherwise 
appropriated, the sum of five thousand dollars ($5,000) as a dona- 
tion for the benefit of, and to be used in the support and mainte- 
nance of, the school for the education of deaf and dumb children, 
located in Chicago, and under the management and control of the 
board of education of the city of Chicago, said money to be used 
in the educatioil of deaf and dumb children in said school; and 
said school shall, so far as its accommodations will permit, receive 
deaf and dumb children of school age from any portion of the 
state. 

§ 2. The auditor of public accounts is hereby authorized and 
directed to draw his warrant on the state treasurer for the sum of 
money hereby appropriated, in favor of the treasurer of the city of 
Chicago, upon the order of the board of education of the city of Chi- 
cago, signed by the president and attested by the secretary of said 
board, and filed in the office of the auditor, and said money shall 
only be drawn from the treasury of said city upon orders of said 
board of education for the expenses incurred in the education of 
deaf and dumb children in said school. 

Approved May 27, 1881. 



state laboratory of natural history, at normal. 

§ 1. Appropriates $9, 100. I §3. Continuance of act. 

§ 2. How drawn. | In force July 1, 1881. 

An Act maldng an appropriation for the ordinary expenses of the State 
Laboratory of Natural History, at Normal, and for the improvement 
of the library thereof. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That there be, and hereby is, 
appropriated to the State Laboratory of Natural History, at Normal, 
for the expenses of field work on the zoology of the State, the sum 
of seven hundred dollars per annum ; for the expenses of field work 
on the botany of the State, the sum of five hundred dollars per an- 



APPKOPRIATIONS. 29 



num ; for the supply of the State Historical Library and Natural 
History Museum, at Springfield, the sum of four hundred dollars 
per annum ; for the supply of the state educational institutions, 
the sum of one hundred dollars per annum ; for the supply of the 
public high schools, the sum of one hundred dollars per annum ; 
for the investigation of the food of birds, the sum of one hundred 
dollars per annum ; for the investigation of the food of fishes, the 
sum of fifty dollars per annum ; for the investigation of the parasitic 
plants and animals of the state, the sum of two hundred dollars 
per annum ; for the improvement of the library, the sum of eight 
hundred dollars jDer annum ; for the pay of an assistant, the sum of 
eight hundred dollars per annum ; for the publication of bulletins, 
the sum of four hundred dollars per annum ; for office and inciden- 
tal expenses of the laboratory, the sum of three hundred and fifty 
dollars per annum. 

§ 2. The auditor of public accounts is hereby authorized and 
required 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 : 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, have been filed with the auditor for the 
expenditure of the last quarterly installment of appropriations herein 
or heretofore made. 

§ 3. This act shall be and continue in force from the first day 
of July, A. D. 1881, until the expiration of the first fiscal quarter 
after the adjournment of the next general assembly. 

Appro\t3d May 27, 1881. 



CLAIMS — AWARD OF COMMISSIONERS. * ' 
§1. Appropriates$4,691.17— How drawn. In force July 1, 1881. 

An Act making an appropriation to pay the claim of Gidian Cornelis 
Crommelin, Julius Hendrik Tutein Nolthenius and Abraham de Haan 
Antson, allowed by the commission of claims. 

Whereas, the commission of claims at its session in August, 
1880, did examine claim No. 101, of Gulian Cornelis Crommelin, 
Julius Hendrik Tutein Nolthenius and Abraham de Haan Antson, 
for interest and principal of the new internal improvement interest 
stock bonds numbered 2612, 2613 and 2614, issued under the act 
approved February 28, 1847, and did allow to said claimants the 
sum of four thousand six hundred and ninety-one dollars and seven- 
teen cents, which award was made on the 12th day of August, 
1880; and 



30 APPEOPEIATIONS. 



Whereas, the auditor has reported said award in his report to 
the governor of Illinois, dated November 1, 1880, on page VIII; 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sum of four thousand 
six hundred and ninety-one dollars and seventeen cents ($4,691.17), 
and interest thereon from the I'ith day of August, 1880, at the rate 
of six (6) per cent, per annum, be, and the same is hereby, appropri- 
ated out of any moneys in the treasury not otherwise appropriated, 
to be paid to said claimants, or their solicitors of record, upon the 
warrant of the auditor approved by the governor. . 

Approved May 28, 1881. 



ILLINOIS INDUSTRIAL UNIVERSITY. 



§ 1. Appropriates $43, 100. 
H 1. $5, 000 for taxes. 
H 2. $5, 000 for improvements. 
H 3. $1, 600 for laboratories. 
IT 4. $3, 000 for meclianical sliops. 
H 5. $(i.G00for library and natural his- 
tory. 
116. $11, 400 for instruction. 



If 7. $2,000 for civil engineering. 
H 8. $1, 000 for furniture. 
IT 9. $5, 000 for boiler house and fixtures. 
IT 10. $2, 500 for steam pipes and ventila- 
tion. 
IT 11. $1,000 for cottage and dairy. 
§ 2. How drawn. 

In foree July 1, 1881. 



An Act making appropriations for the Illinois Industrial University. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented' in the General Assembly, That there be, and hereby is, 
appropriated to the Industrial University, at Urbana, for the pay- 
ment of taxes accruing in the years 1880 and 1881, on lands owned 
and held by the state for the use of said institution, in the county of 
Gage, in the state of Nebraska, and in the counties of Pope, Kandi- 
yohi and Renville, in the state of Minnesota, the sum of two thousand 
five hundred dollars (|2,500) per annum. 

For current repairs and improvements on buildings and grounds 
for the said university, during the years 1881 and 1882, the sum of 
two thousand five hundred dollars ($2,500) per annum. 

For current expenses of the chemical, physical and botanical 
laboratories of the said university, for the years 1881 and 1882, the 
sum of eight hundred dollars (|800) per annum. 

For current expenses of educational work and the practical instruc- 
tion of students in the mechanical shops of said university, for the 
years 1881 and 1882, the sum of one thousand five hundred dollars. 
(|1,500) per annum. 



APPROPKIATIONS. 31 



For the university library and museums, for the years 1881 and 
1882, to-wit : For the purchase of books and publications, and for 
binding the same, one thousand five hundred dollars ($1,500) per 
annum ; for additional library cases, eight hundred dollars ($800) ; 
for collecting, preparing and mounting specimens for the cabinets 
of geology, mineralogy and natural history, one thousand dollars 
($1,000). 

For current expenses of instruction in the several departments of 
the university, for the years 1881 and 1882, five thousand seven 
hundred dollars ($5,700) per annum. 

For additional instruments for instruction in civil engineering, the 
sum of one thousand dollars ($1,000). 

For additional furniture for the public rooms of the main build- 
ing, the sum of one thousand dollars ($1,000). 

For the erection of a new boiler-house to receive the boilers of the 
main and the chemical buildings, for the necessary chimney, smoke 
and air flues connected therewith, and for the removal of the boilers 
thereto, from the said buildings, as per plans and estimates, the 
sum of five thousand dollars ($5,000.) 

For the purchase of a boiler and steam pipes, for additional 
steam coils and service pipes, and for continuing the improvements 
in the ventilation of the main building and the general rej^air of 
the heating apparatus, the sum of twenty-five hundred dollars 
($2,500). 

For the erection of a farm cottage and a dairy house, the sum 
of one thousand dollars ($1,000). 

§ 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 money in the treasury not other- 
wise appropriated, upon the order of the president of the board of 
trustees of the said university, attested by its secretary, and with 
the corporate seal of the university : Provided, that no part of the 
said sums shall be due and payable to said institution until satis- 
factory vouchers in detail, approved by the governor, shall be filed 
with the auditor for all previous expenditures incurred by the insti- 
tution on account of appropriations heretofore made : And, provided, 
further, that vouchers shall be taken in duplicate, and original or 
duplicate vouchers shall be forwarded to the auditor of public 
accounts for the expenditure of the sums appropriated in this act. 

Approved. May 28, 1881. 



32 



APPEOPKIATIONS. 



ASYLUM FOE FEEBLE-MINDED CHILDREN. 



1. Appropriates $116,275. 

^ 1. $102,000 for expenses and $3,000 for 

finishing bftsemeut. 
IT 2. $3,000 tor laundry. 
IT 3. $1,775 for fire alarm. 



II 4. $4,000 for repairs. 
II 5. $1,000 for improvement of grounds. 
H 6. $2,500 for fire escapes. 
§ 2. How drawn. 

In force. July 1,1881. 



An Act making appropriations for the Illinois Asylum for Feehle- 

Minded Children. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That for the purpose of defray- 
ing the ordinary expenses of the Illinois Asylum for Feeble-Minded 
Children, the sum of forty-six thousand dollars (|46,0C0) for the 
first year, and fifty-six thousand dollars ($56,000) for the second 
year, be, and the same is hereby, appropriated out of the state 
treasury, payable quarterly in advance, from the fii"st day of July, 
1881, until the expiration of the first fiscal quarter after the ad- 
journment of the next general assembly; and that there be, and 
are hereby, appropriated the further sums of three thousand dol- 
lars ($"J,000) for finishing, steam heating, plumbing and furnishing 
the basement under the main building and wings. 

Three thousand dollars ($3,000) for the construction of a laundry 
building, to contain a wash house, drying room and ironing room. 

Seventeen hundred and seventy-five dollars ($1,775) for the intro- 
duction and construction of the mercurial fire alarm to the main 
building, wings, rear buildings and out-buildmgs. 

Two thousand dollars ($2,000) per annum for repairs. 

For improvement of grounds, five hundred dollars ($500) per 
annum. 

For construction of veranda fire escapes, two thousand five hun- 
dred dollars ($2,500). 

§ 2. The auditor of public accounts is hereby authorized and 
required to draw his warrant on the state treasurer for said sums, 
upon the orders of the board of trustees of the Illinois Asylum for 
Feeble-Minded Children, signed by the president and attested by 
the secretary of said board, with the seal of the asylum. 

Approved May 28, 1881. 



APPROPRIATIONS. 



33 



STATE BOARD OF AGRICULTURE. 



1. Appropriates— 

f> 1. $3,000 per annum for state fair pre- 
miums, and $fOO per annum to 
eacli county agricultural board. 

^1 2. $2, 400 per annum for salary of sec- 
retary. 

*' 3. $1, 500 per annum for clerk hire. 

^ 4. $(ioo per annum for potter. 

1 5. $600 per annum for curator. 



r (i. $500 per annum for museum. 
17 7, $1,000 per annum for crop statistics, 
r 8. $500 per annum for books, etc. 
17 9. $1,000 per annum for postage, ex- 
pressuge, etc. 
§ 2. How drawn. 
§ 3, Duties of treasurer of board. 
In force July 1. 1881. 



An Act making an aijproprlation for the State Board of Agriculture, 
and the county and other subordinate hoards of agriculture. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly, That there be and is hereby appro- 
priated to the state board of agriculture the following sums, to-wit : 

For the payment of premiums at the annual state fair, the sum 
of three thousand dollars per annum, for the years 1881 and 1882 ; 
and for the use of county, district or other subordinate agricultural 
boards, the sum of one hundred dollars per annum to each county, 
to be paid to the treasurer of the county agricultural board for the 
years 1881 and 1882. 

For the salary of the secretary, the sum of two thousand four 
hundred dollars per annum, for the years 1881 and 1882. 

For clerk hire, the sum of fifteen hundred dollars per annum, for 
the years 1881 and 1882. 

For porter, the sum of six hundred dollars per annum, for the 
years 1881 and 1882. 

For curator, the sum of six hundred dollars per annum, for the 
years 1881 and 1882. 

For the museum, the sum of five hundred dollars per annum, for 
the years 1881 and 1882. 

For the expense of collecting and publishing crop statistics, the 
sum of one thousand dollars per annum, for the years 1881 and 
1882. 

For the purchase of books, maps and charts, the sum of five hun- 
dred dollars per annum, for the years 1881 and 1882. 

For repairs, postage, expressage and other incidental office ex- 
penses, the sum of one thousand dollars i^er annum, for the years 
1881 and 1882. 

§ 2. That on the order of the president, countersigned by the 
secretary 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, district or 
county agricultural board have held an agricultural fair during the 
XDreceding year, in compliance with the rules and regulations as pro- 
vided by law : Provided, further, that no part of the moneys herein 
provided for shall be drawn from the public treasury prior to the 
tirst day of July, A. D. 1881. 
—3 



34 APPROPKIATIONS. 



§ 3. It shall be the duty of the treasurer of the state board of 
agriculture to pay over to the proper officer of the subordinate, 
district or county agricultural board the sum received for its use 
and benefit, as aforesaid, and to make a biennial report to the gov- 
ernor of all such appropriations received and disbursed by him. 

Approved May 28, 1881. 



NORMAL UNIVERSITY, AT NORMAL. 

§ 1. Appropriates $17,500 per annum for I § 3. Defines the limit of the act. 

ordinary expenses. 
§ 2. How drawn. I In force July 1, 1881. 

An Act making an ajjjjropriation for the ordinary expenses of the State 
Normal University at Normal, and jor additions to the library. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That there be and is hereby 
appropriated to the State Normal University, seventeen thousand 
five hundred dollars ($17,500) per annum, payable quarterly, in ad- 
vance, for the payment of salaries, for the purchase of fuel, for 
additions to library and museum, for school apparatus, and for 
incidental expenses : Provided, that the expenses of the model school 
shall be paid from the receipts for tuition of the pupils of said 
school. 

§ 2. The auditor of public accounts is hereby authorized and 
required to draw his warrant upon the treasurer for the aforesaid 
sums of money, 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 satisfac- 
tory vouchers in detail, approved by the governor, shall be filed 
quarterly with the auditor of public accounts for the expenditures, 
ordinary and extraordinary, of the preceding quarter, and that no 
part of the moneys herein appropriated shall be due and payable 
until such vouchers shall have been filed. 

§ 3. This act shall be and continue in force from the first day 
of July, A. D. 1881, until the expiration of the first fiscal quarter 
after the adjournment of the next general assembly. 

Approved May 28, 1881. 



APPKOPRIATIONS. 



PEXITENTIARIES. 



1. Appropriates $250.000— $2nn, 000 to the 
Southern, $50,000 to the Illinois 
State at Joliet. 



§2. How drawn— vouchers. 



An Act to provide for the ordinary expenses of the Penitentiaries of 

the state of Illinois. 

Section 1. Be it enacted hi/ the People of the State of Illinois, 
represented in the General Assembly, That the sum of two hundred 
and fifty thousand dollars ($250.000), or so much thereof as may 
be necessary, be and the same is hereby appropriated as a peni- 
tentiary fund, to defray such portion of the current expenses of the 
penitentiaries of the state of Illinois, until the expiration of the 
first fiscal quarter after the adjournment of the next regular session 
of the general assembly, as the earnings of convict labor in said 
penitentiaries may be insufficient to defray, which fund shall be 
paid out upon the warrant of the auditor of public accounts, in 
sums not exceeding ten thousand dollars at any one time. Said 
moneys shall be divided between said penitentiaries in the following 
manner: The sum of two hundred thousand dollars ($200,00J) to 
the Southern Penitentiary, at Chester, and the sum of fifty thousand 
dollars (|50,000) to the Illinois State Penitentiary, at Joliet. And 
the auditor of public accounts is hereby authorized to draw his 
warrant upon the state treasurer for the money herein appropriated, 
to the order of the commissioners of the Illinois State Penitentiary, 
and the commissioners of the Southern Illinois Penitentiary, re- 
spectively, in sums not exceeding ten thousand dollars at any one 
time, on receiving the certificate of either of said boards of com- 
missioners, approved by the governor, that such money is neces- 
sary for the purposes contemplated by this act. 

§ 2. After either of said boards of commissioners shall have 
drawn any of the money herein appropriated, they shall not draw 
or receive any more thereof so long as there shall remain in their 
hands an amount unexpended exceeding the sum of one thousand 
dollars. Each of said boards of commissioners shall file with the 
auditor monthly statements, accompanied by proper vouchers, show- 
ing all receipts and disbursements of money during the preceding 
month on account of current expenses, from what sources received, 
and for what purpose expended, which statements shall be attested 
by the wardens of the respective penitentiaries, certified by the 
commissioners and approved by the governor ; and no warrant for 
money herein appropriated shall be drawn by the auditor to the 
order of either board of commissioners, so long as the statements 
of said board shall show an unexpended balance in its hands of 
more than one thousand dollars. 

Approved May 28, 1881. 



36 APPROPKIATIONS. 



SOUTHERN HOSPITAL FOR INSANE. 



? 1. Appropriates $171,185, as follows: 

1" ]. $156,000 for ordinary expenses. 

5" 2. $4,000 per annum for repairs and 

improvements. 
1" 3. $1,0(10 per annum for improvement 

of grounds. 
IT 4. $2,035 for new engine. 



H 5. $2,500 for refrigerator. 
H r>. $100 for basin and filter. 
IT 7. .$250 for fence. 

H 8. $1.20(1 for additionallieating appa- 
ratus. 
U 9. $1,000 for storeliouse. 

2. How paid. 



An Act making apjwopriations for the Illinois Southern Hospital for 

the Insane, at Anna. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly, That the t'ollowing amounts be and 
are hereby appropriated to the Southern Hospital for the Insane, at 
Anna, for the purposes herein named, and for no other : 

For ordinary expenses for one year, from July 1, 1881, the sum 
of sixty-eight thousand dollars (^68,000), and at the rate of eighty- 
eight thousand dollars (|588,OO0) per annum thereafter until the ex- 
piration of the first fiscal quarter after the adjournment of the next 
general assembly. 

For repairs and improvements, four thousand dollars ($J,000) per 
annum. 

For improvement of grounds, one thousand dollars (|.1,000) per 
^nnum. 

For a new engine, to replace the present one, Avhich is of insuf- 
ficient capacity, two thousand six hundred and thirty-five dollars 
($2,635). 

For construction of refrigerating house, for storage of perishable 
supplies, two thousand five hundred dollars ($2,500). 

For settling basin and filter, one hundred dollars ($100.) 

For one-half mile of fence along the public highway, with posts^ 
two hundred and fifty dollars ($250). 

For additional heating apparatus, twelve hundred dollars ($1,200.) 

For the erection of a detached building, for the receipt, preserva- 
tion and issue of stores of all kinds, for general use of the hospital, 
one thousand dollars ($1,000). 

§ 2. The moneys herein appropriated shall be due and payable 
to the trustees, or their order, only on the terms and in the manner 
now provided by law. 

Approved May 30, 1881. 



APPEOPRIATIONS, 



37 



ORDINARY EXPENSES OF THE STATE GOVERNMENT. 



i 1. Appropriates $2,703,209 as follows: 

IT 1. $3, 000 per annum governor's con- 
tingent fund. 

H 2. $3,500 per annum clerk hire for 
' governor's office. 

H 3. $750 per annum incidental ex- 
penses governor's office. 

H 4. $700 per annum porter for gov- 
ernor's office. 

IT 5. $2,000 per annum for care of man- 
sion and grounds. 

IT 6. $9, 000 for refurnishing the execu- 
tive mansion. 

%i 7. To the secretary of state: $10, .500 
per annum for clerk hire; $3, 000 
per annum for incidental ex- 
penses; $1,400 per annum for 
porter and messengers; $3,000 
for indexing the state archives; 
$10,000 for care of state house 
and grounds. 

^ 8. To the auditor: $7,500 per annum 
for clerk hire; $1,400 per annum 
for porters and messeu'Crs: 
$1,500 per annum for incidental 
expenses; $2, 0(i0 for indexing 
papers i-eceived from U. S. land 
office. 

^ 9. To the state treasurer: $4, 000 per 
annum for clerk hire; $1,000 per 
annum for incidental expenses; 
$3, 200 per annum for watchmen; 
$800 per annum for messenger 
and clerk. 

^ 10. To the superintendent of public 
instruction: $2,400 per annum 
for clerk hire; $S00 per annum 
for porter and messenger; $1,500 
per annum for office expenses, 
periodicals and books. 

^ 11. To tne attorney-general: $1,800 
per annum for clerk hire; $600 
per annum for porter and mes- 
senger; $2,000 per annum for 
office expenses. 

IT 12. To the adjutant-general: $2,000 
per annum for clerk hire, ord- 
nance sergeant and jau'tor; $700 
per annum for incidental ex- 
penses. 

^ 13. $C0O per annum to the custodian 
of field notes and surveys, for 
office expenses. 

^ 14. $3,000 per annum to board of pub- 
lic charities, for secretary's sal- 
ary; also, $4,000 per annum for 
clerk hire. 

fT 15. $50 to the lieutenant-governor for 
office expenses. 

IT 16. $2,000 per annum for costs and 
expenses state suits. 

^ 17. $25,000 per annum for conveying 
convicts to the penitentiary; 
also, $3,000 for transfer of pa- 
tients from one hospital for the 
insane to another. 

IT 18. $20, 0(tO for 1881, and $15, 000 for 1882, 
fugitives from justice. 

IT 19. $3,000 per annum for conveying 
offenders to reform school. 

IT 20. $2(1. 000 for 1881 and $15, 000 for 1882, 
for paper and stationery. 

fl 21. To the supreme court as follows: 
For incidental expenses, north- 
ern grand division, $3,000 per 
annum; central grand division. 
$2,000 per annum; southern 
grand division, $1, 500 per annum. 
For librarians of grand divi- 
sions; northern, $400 per annum; 



southern, $300 per annum; cen- 
tral, $750 per annum; for jani- 
tors, northern and southern 
grand divisions, $;W0 per an- 
num each; central. $400 per 
annum; also, to the appel- 
late courts as follows: For rent 
and other expenses, 1st district, 
$45, 000 per annum; 2nd district, 
.$2,000 per annum: 3rd district, 
$1,500 per annum; 4th district, 
$S00 per annum: for janitors, 
2nd and 3d districts, $400 per an- 
num; 4th district, $300 per an- 
num; tor the purchase of books, 
$10,000 as follows: 1st district, 
$6, 000; law library at the capital, 
$4, 000. 

IT 22. $50 for bailiff of claims commission. 

1123. $30,000for public printing; .$15,000 
per annum for public binding. 

IT 24. $5 ',000 per annum for payment of 
interest on school fund. 

II 25. A sum sufficient to refund taxes 
paid in error and over-i^ayments 
on collectors' accounts. 

% 26. $6, 000 for janitors and watchmen 
at the state house. 

IT 27. $2,000 per annum for curator, and 
$600 per annum for assistant- 
curator of historical library and 
natural history museum; also, 
for contingent expenses $300 per 
annum; for new cases and fur- 
niture .$2,500. 

IT 28. To the railroad and warehouse 
commission as follows: $4,000 
per annum for secretary's sal- 
ary, clerk hire and incidental 
expenses; $10,000 per annum for 
suits and investigations: $10, ooo 
for publication of schedules of 
rates. 

IT 29. .$50,000 to pay the employes of the 
next general assembly. 

IT 30. $3, 000 for rewards for arrest of 
fugitives from justice. 

IT ;^1. $1,200 for copying the laws and 
journals of the general assem- 
bly; $500 for distributing same. 

II 32. $10.(1011 per annum for heating 
state house; $4,000 per annum 
for lighting same. 

IT 33. $10,(100 per annum for expenses of 
state boar t of equalization. 

11 34. $250 for books for southern peni- 
tentiary. 

IT 35. $250 for books for penitentiary ar 
Joliet- 

II 36. A sum necessary to purchase 
supreme court reports. 

IT 37. $800 for purchase of portrait of 
Governor CuUom. 

IT 38. $2,5()0 for repairs and improve- 
ments in heating department of 
state house. 

1 39. To the state board of health as 
follows: $2,500 per annum for 
salary of secretary; $1,500 for 
office expenses per annum; 
$l,50(t per annum for assistant 
secretary and clerk hire; $5,000 
for contingent fund in case of 
epidemic. 

IT 40. To the state library: .$2,500 per 
annum for books and expenses; 
$800 per annum for salary of as- 
sistant librarian. 

f. 41. $1,000,000 per annum school fund, 
for distribution. 



38 



APPROPRIATIONS . 



U 42. $3, 000 commissioners labor statis- 
tics, salaries and expenses. 

U 43. $2,500 to flsh commissioners. 

H 44. $5,000 to pay expenses of commit- 
tees Thirty-third General As- 
sembly. 



IT 45. $1,500 for publishing the records 
of the soldiers of the Mexican 
and Black Hawk wars. 
§ 2. How appropriations drawn. 



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 assemhly. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the followang namtid sums 
be and are hereby appropriated to meet the ordinary and contin- 
gent 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 : 

First — A sum not exceeding three thousand dollars (s?3,000) per 
annum shall be subject to the order of the governor, for defraying 
all such public expenses of the state government as are unforeseen 
by the general assembly, and not otherwise provided for by law, 
payment to be made from time to time upon bills of particulars, 
certified to by the governor. 

Second — The sum of three thousand five hundred dollars ($3,500) 
per annum, for clerk hire in the governor's ofiice, payable quarterly, 
upon the governor's order. 

Third — A sum not to exceed seven hundred and fifty dollars 
($750) per annum, for postage, expressage, telegraphing and other 
incidental expenses connected with the governor's office, to be paio! 
on bills of particulars, certified to by the governor. 

Fourth — To the governor, for one porter, the sum of seven hun- 
dred dollars ($700) per annum, payable quarterly, upon the order 
of the governor. 

Fifth — To the governor, for repairs and care of the executive 
mansion and grounds, and for heating and lighting the executive 
mansion, two thousand dollars ($2,000) per annum, to be paid upon 
bills of particulars, certified to by the governor. 

SixtJi — To the governor, for refurnishing the executive mansion, 
the sum of nine thousand dollars ($9,000), or so much thereof as 
may be necessary, to bo paid upon bills of particulars, certified to 
by the governor. 

Seventh — To the secretary of state, for clerk hire in his office, the 
sum of ten thousand five hundred dollars ($10, SCO) per annum, pay- 
able quarterly, upon his order. To the secretary of state, for re- 
pairs, postage, expressage, telegraphing and other incidental expenses 
of the office, a sum not exceeding three thousand dollars ($3,000) per 
annum, payable quarterly upon bills of particulars, certified by the sec- 
retary of state and approved by the governor. To the secretary of 
state, for two porters and messengers, the sum of seven hundred 
dollars ($700) each per annum, payable quarterly upon his order; 
also, for continuing the work of indexing, classifying and arranging 
the files and records of the office of the state department, the sum 
of three thousand dollars ($3,000) per annum, payable upon his 
order, and approved by the governor. To the secretary of state, for 
the payment of all necessary incidental expenses incurred by him 



APPROPRIATIONS. 39 



in the care and custody of the state house and grounds and other 
state property and in repah's and improvements of the same, and 
for the performance of such other duties as may be imposed upon 
him by law, and for which no other appropriation has been made, the 
sum of ten thousand dollars ($10,000) per annum, payable upon 
bills of particulars, certified to by the secretary of state and ap- 
proved by the governor. 

Elc/hth — 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, upon his order. To the auditor of public accounts, 
for two porters and messengers, the sum of seven hundred dollars 
each per annum, payable quarterly, upon his order. To the auditor 
of public accounts, for repairs, postage, express charges, telegraph- 
ing and other incidental expenses incurred in the discharge of his 
duties, a sum not exceeding one thousand five hundi'ed dollars ($1,500) 
per annum. To the auditor of public accounts, for completing the 
classification, arrangement and care of books, papers and corres- 
pondence received from the United States land office, and for the 
proper indexing thereof, the sum of two thousand dollars ($2,000), 
payable upon his order. 

N"mth—To the state treasurer, for clerk hire, the sum of four 
thousand dollars ($4,000) per annum, payable quarterly, upon his 
order. To the state treasurer, for repairs, express charges, postage, 
telegraphing and other necessary incidental expenses connected with 
his office, a sum not to exceed one thousand dollars ($1,000) per 
annum, payable upon bills of particulars, certified to by him and 
approved by the governor. To the state treasurer, the sum of three 
thousand two hundred dollars ($3,200) per annum, for two night and 
two day watchmen, payable quarterly, upon his order. To the state 
treasurer, the sum of eight hundred dollars ($800) per annum, for 
messenger and clerk, payable quarterly, upon his order. 

Tentli — To the superintendent of public instruction, for clerk hire, 
the sum of two thousand four hundred dollars ($2,400) per annum ; 
and for a janitor, porter and messenger, who shall also perform the 
duties of clerk when not otherwise employed, the sum of eight hun- 
dred dollars ($800) per annum, payable quarterly, upon his order. 
To the superintendent of public instruction, for repairs, periodicals 
and educational works, and other necessary expenses of said office, 
a sum not exceeding one thousand five hundred dollars ($1,500) per 
annum, payable on bills of particulars certified to by him and ap- 
proved by the governor. Appropriations made by this clause to be 
paid out of the state school fund. 

Eleventh — To the attorney-general, for clerk hire, the sum of eighteen 
hundred dollars ($1,800) per annum, payable quarterly, upon his 
order, and for a porter and messenger, wdio shall also act as porter 
and messenger for the custodian of field-notes, the sum of six hun- 
dred dollars ($600) per annum, payable quarterly, upon his order. 
To the attorney-general, for telegraphing, postage, and other neces- 
sary expenses incurred in the discharge of his duties, a sum not 
to exceed two thousand dollars ($2,000) per annum, payable on bills 
of jjarticulars certified to by him and approved by the governor. 



40 APPROPRIATIONS. 



Twelfth — To the adjutant-general, for a clerk, ordnance sergeant, 
and janitor, to aid and assist him in the discharge of his duties, 
the sum of two thousand dollars ($2,000) per annum, payable quar- 
terly, upon his order. ^ To the adjutant-general, for telegraphing, 
postage, and other necessary office expenses, a sum not to exceed 
seven hundred dollars ($700) per annum, payable on bills of par- 
ticulars, certified to by him and approved by the governor : Pro- 
vided, that the amount appropriated under this clause shall be paid 
out of the military fund. 

Thirteenth— To the custodian of field notes and surveys, for his 
office expenses, the sum of six hundred dollars ($600) per annum, 
payable on bills of particulars, certified to by him and approved by 
the governor. 

Fourteenth — To the board of public charities, for salary of secre- 
tary, a sum not to exceed three thousand dollars ($3,000) per 
annum ; and for clerk hire and necessary incidental expenses of the 
board, a sum not to exceed four thousand dollars ($4,000) per 
annum, payable quarterly, on bills of particulars, approved by the 
governor. 

Fifteenth — To the lieutenant governor, for postage, telegraphing, 
stationery, and other incidental expenses, the sum of fifty dollars 
($50) payable upon his order. 

Sixteenth — A sum not exceeding two thousand dollars ($2,000) per 
annum, for costs and expenses of state suits, to be paid upon bills 
of particulars, certified to by the auditor and approved by the gov- 
ernor. 

Seventeenth — A sum not exceeding twenty-five thousand dollars 
($25,000) per annum, or so much thereof as may be necessary, for 
conveying convicts to the penitentiary, to be paid on the warden's 
certificate, at the compensation fixed by the general laws, the 
auditor to compute the distance by the nearest railroad route ; a 
sum not exceeding three thousand dollars ($3,000), or so much 
thereof as may be required, for the payment of the cost of trans- 
ferring insane patients, rendered necessary by the passage of an 
act to secure equality among the counties in the matter of the ad- 
mission of patients into the state hospitals for the insane, the ex- 
penses incurred to be repaid to the several hospitals on receipted 
bills showing the moneys actually paid on account of such transfer, 
as provided by law. 

Eighteenth— F OY the payment of the expenses provided for by law 
for the apprehension and delivery of fugitives from justice, twenty 
thousand dollars ($20,000), or so much thereof as may be necessary, 
payable out of the levy of 1880, and fifteen thousand dollars ($15,000) 
payable out of the levy of 1881, to be paid on the evidence required 
by law, certified to and approved by the governor. 

Nineteenth — The sum of three thousand dollars ($3,000) per annum, 
or so much thereof as may be needed, for conveying juvenile offenders 
to the Eeform School, at Pontiac, payable on the superintendent's 
certificate of delivery, at the rate of compensation allowed by law, 
the auditor to compute the distance by the nearest railroad route. 

Twentieth — For printing paper and stationery, for the use of the 
general assembly and executive departments, purchased on contracts 



APPROPRIATIONS. 41 



as required by law, payable on delivery thereof, on bills of particu- 
lars certified to by the board of commissioners of state contracts, 
and approved by the governor, the sum of twenty thousand dollars 
(^20,000), or so much thereof as may be needed, payable out of the 
levy of 1880, and fifteen thousand dollars (!i^l5,000) payable out of 
the levy of 1881. 

Tiventy-first — There is hereby appropriated to defray the incidental 
and contingent expenses of the supreme court, to-wit : for stationery, 
repairs, furniture, express, books, and other expenses deemed neces- 
sary by the court, the following sums : To the northern grand 
division, the sum of three thousand dollars ($3,000) per annum : to 
the central grand division, the sum of two thousand dollars ($"2,000) 
per annum ; to the southern grand division, the sum of fifteen 
hundred dollars (t'^1,500) per annum ; the same to be payable upon 
bills of particulars, certified to by at least two of the justices of 
said coui-t. There is also appropriated for the pay of the librarians 
of the several grand divisions of said court, who shall also act as 
librarians for the ajjpellate courts, when in session in their respective 
grand divisions, the following sums : To the northern grand divi- 
sion, the sum of four hundred dollars ($400) per annum ; to the 
southern grand division, the sum of three hundred dollars (S300) 
per annum ; to the central grand division, the sum of seven hundred 
and fifty dollars ($750) per annum ; payable quarterly, upon the cer- 
tificate of at least two justices of said court. There is also appro- 
priated the sum of three hundred dollars ($300) per annum, each, 
to the northern and southern grand divisions of said court, and to 
the central grand division of said court the sum of four hundred 
dollars ($400) per annum, for the pay of janitors, to perform such 
duties as shall be determined by said justices, to be paid quarterly, 
upon the order of at least two of the justices of said court. There 
is also hereby appropriated to defray the incidental and contingent 
expenses of the appellate courts of this state, to-wit : for rents of 
court rooms, stationery, fuel, lights, postage, expressage, repairs, 
furniture, and other expenses deemed necessary by the respective 
courts, the following sums: To the first district, the sum of forty- 
five hundred dollars ($4,500) per annum ; to the second district, the 
sum of two thousand dollars ($2,000) per annum; to the third dis- 
trict, the sum of fifteen hundred dollars ($1,500) per annum ; to 
the fourth district, the sum of eight hundred dollars ($800) per an- 
num ; these sums to be paid upon bills of particulars, certified to 
by the clerks of the respective courts, and upon the order of at 
least two of the judges of the respective court for which the ex- 
pense was incurred. Also, the sum of four hundred dollars ($4', 0) 
per annum, to each of the second and third districts, and the sum 
of three hundred dollars ($300) per annum to the fourth district, 
for the pay of janitors, to perform such duties as shall be deter- 
mined by the judges of the respective courts, to be paid quarterly, 
upon the order of at least two of the judges of said courts for their 
district. And there is hereby appropriated the sum of ten thousand 
dollars ($10,000)_, to be used as follows : Six thousand dollars ($6,000) 
to be expended in the purchase of law books for the exclusive use of 



42 APPKOPRIATIONS. 



the appellate court for the first district, and four thousand dollars 
($4,000) to be expended in the purchase of law books for the law 
library at the capitol ; that the judges of the appellate court are 
hereby authorized and directed, as soon as they think proper after 
this act shall be in force, to select and purchase for the use of said 
libraries, respectively, such law books as in their judgment are most 
useful and necessary, the total cost of said books not to exceed the 
sums hereby appropriated. And on the presentation of the account 
of the purchase of such books by said judges, or a majority of them, 
the auditor shall draw a warrant on the state treasurer for the 
amount or amounts thereof, payable to the holder of such certificate 
or certificates out of the money hereby appropriated. 

Twenty-second — The sum of fifty dollars ($50), or so much thereof 
as may be necessary, for the payment of bailiff at the next session 
of the commission of claims, payable upon the order of the judges 
thereof. 

Twentji-thlrd — For public printing, thirty thousand dollars ($30,000), 
or so much thereof as may be required. For public binding, fifteen 
thousand dollars ($15,000) per annum, or so much thereof as may 
be required. The public printing and binding to be paid for accord- 
ing to the contract, upon the certificate of the board of commis- 
sioners of state contracts, and approved by the governor. 

Ticcnty-fonrtli — The sum of fifty-seven thousand dollars ($57,000) 
per annum, or so much thereof as may be necessary, to pay the 
interest on the school fund, distributed annually in pursuance of 
law ; the amount appropriated under this clause to be paid out of 
the state school fund. 

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

Ticcnty-sixth — For laborers, janitors and watchmen of the state 
house, who shall perform such duties as shall be assigned to them 
by the secretary of state, the sum, of six thousand dollars ($6,000) 
per annum, payable quarterly, upon the order of said secretary of 
state. 

Twenty-seventh — For the salary of the curator of the Illinois State 
Historical Library and Natural History Museum, the sum of two 
thousand dollars ($2,000) per annum, and for the salary of one 
assistant, the sum of six hundred dollars ($600) per annum. For 
the contingent and necessary expenses of the curator, including 
traveling on business connected with his office, the sum of three 
hundred dollars ($300) per annum. For additional cases, furniture, 
and other necessary articles for the curator's office and the museum, 
the sum of two thousand five hundred dollars ($2,500), to be paid 
upon the order of the board of trustees of the Illinois State Historical 
Library and Natural. History Museum, and approved by the gov- 
ernor. 

Twenty-eighth — To the railroad and warehouse commissioners, for 
the incidental expenses of their office, including care, stationery, 
postage and telegraphing expenses, extra clerk hire, and for the 
secretary's salary, and for all necessary expenditures except those 



APPROPEIATIOXS. 43 



hereinafter provided for, a sum not to exceed four thousand dollars 
(§:t,000) per annum. For expenses incurred in suits or investiga- 
tions commenced by authority of the state, under any law now in 
force, or hereafter to be enacted, empowering or instructing the 
board of commissioners, the sum of ten thousand dollars (S10,000) 
per annum, or such part thereof as may be needed for such pur- 
poses. For the printing and publication of schedules of reason- 
able maximum rates of charges for the transportation of passengers 
and freights and cars, made or revised for any or all of the rail- 
roads of this state, as provided by law, the sum of ten thousand 
dollars ($10,000), or so much thereof as may be needed for such 
purpose. 

Twenty -ninth — A sum not to exceed fifty thousand dollars ($50,000) 
for the pay of the employes of the next general assembly, as allowed 
them by law, to be paid on pay-rolls certified to by the presiding 
officers of the respective houses, or as otherwise provided for by 
law. 

Thirtieth — The sum of three thousand dollars ($3,000) for rewards 
for arrests of fugitives from justice, to be paid upon bills of par- 
ticulars having the order of the governor endorsed thereon. 

Thirty-first — For copying the laws, journals and joint resolutions 
of the general assembly, as provided by law, one thousand two 
hundred dollars ($1,200). For distribution of the laws, journals and 
other state documents, and incidental expenses connected thereAvith, 
the sum of five hundred dollars ($500), or so much thereof as may 
be necessary. 

Thirty -second — For heating, fuel and pay of engineers and firemen 
of the state house, and other incidental expenses thereof, the sum 
of ten thousand dollars ($10,000) per annum, or so much thereof as 
may be needed. For lighting the state house and other incidental 
expenses thereof, the sum of four thousand dollars ($4,000) per 
annum, or so much thereof as may be necessary, to be paid upon 
bills of particulars, certified to by the secretary of state and ap- 
proved by the governor. 

TJdrty-tJdrd — To the state board of equalization, for paying ex- 
penses, a sum not to exceed ten thousand dollars ($10,000) per 
annum, payable in the manner provided by law. 

Thirty-fourth — The sum of two hundred and fifty dollars ($250) 
per annum, for the purchase of books for the library of the Southern 
Illinois Penitentiary, at Chester, to be paid upon bills of particulars 
having the order of the governor endorsed thereon. 

Thirty-fifth — The sum of two hundred and fifty dollars ($250) per 
annum, for the purchase of books for the library of the Illinois State 
Penitentiary, at Joliet, to be paid upon bills of particulars, having 
the order of the governor endorsed thereon. 

Thirty-sixth — Such sum as may be necessary to enable the secre- 
tary of state to purchase such volumes of the reports of the deci- 
sions of the supreme court as he is, or may be, required by law 
to purchase, to be paid on bills of particulars, certified to by the 
secretary of state and approved by the governor. 



44 APPKOPKIATIONS. 



Thirty-seventh — The sum of eight hundred dollars (^800), to pur- 
chase a portrait of Governor Shelby M. Cullom, painted by G. A. E. 
Healy, to be hung in the executive mansion. 

Thirty-eighth — The sum of twenty-five hundred dollars ($2,£00), or 
so much thereof as may be required, for the lepairs and necessary 
improvements in the heating department of the state house, to be 
paid upon bills of particulars, certified to by the secretary of state 
and approved by the governor. 

Thirty-ninth — To the state board of health, for salary of secreta- 
ry, a sum not to exceed twenty-five hundred dollars ($2, 500) per 
annum ; for necessary office expenses, including expenses incurred in 
attending meetings of the board, and in making sanitary inspec- 
tions, fifteen hundred dollars (^1,500) per annum. For salary of 
assistant secretary and additional clerk hire that may be needed, 
fifteen hundred dollars ($1,500) per annum. Also, the sum 
of five thousand dollars ($5,000) as a contingent fund, to be used 
only with the consent and concurrence of the governor, in case of 
the outbreak of any epidemic or malignant disease, such as yellow 
fever, cholera, etc., to defray the expenses of the board of health in 
investigating the causes of such diseases, and in aiding to prevent 
their spread, to be paid upon the order of the state board of health, 
approved by the governor. 

Fortieth — To the state library (secretary of state) for the purchase 
of books and expenses of the state library, two thousand five hun- 
dred dollars ($2,500) per annum, payable on bills certified by the 
board of commissioners of the state library. Also, eight hundred 
[dollars] per annum, for salary of assistant librarian, payable quar- 
terly, on the order of the secretary of state, approved by the governor. 

Forty-first — The sum of one million dollars ($1,000,000) annually, 
out of the state school fund, to pay the amount oJE the auditor's 
orders for the distribution of said land to the several counties. The 
auditor shall issue his warrants, on the j)roper evidence that the 
amount distributed has been paid to the county school superintendents. 

Forty-second — To the commissioners of labor statistics, to pay the 
salary of said commissioners and their secretary, and also their 
ofiice and incidental expenses, the sum of three thousand dollars 
($3,000) per annum, or so much thereof as may be necessary; the 
same to be paid under the conditions of an act creating said com- 
missioners. 

Forty-third — The sum of two thousand five hundred dollars ($2,- 
500) per annum, or so much thereof as may be necessary, to the 
fish commissioners of this state, to be used by them in pursuance 
of law ; all expenditures to be upon bills of particulars certified to 
by a majority of the commissioners and approved by the governor. 

Forty-fourth — A sum not exceeding five thousand dollars ($5,000), 
to pay the expenses of committees of the thirty-third general as- 
sembly ; such expenses to be certified as may be provided by reso- 
lution of either house. 

Forty-fifth — To the adjutant-general, the additional sum of fifteen 
hundred dollars, for the preparation and printing and binding of 
the records of the services of the Illinois soldiers in the Mexican 
and Black Hawk wars, to be paid out of any money in the state 
treasury not otherwise appropriated, on the warrant of the auditor 



APPROPEIATIONS. 



45 



of public accounts, drawn on vouchers of the adjutant-general ap- 
proved by the governor : Provided, that no part of this appropria- 
tion shall be paid for paper, which shall be furnished by the secre- 
tary of state out of paper obtained for the state under contract, of 
quality to be selected by the governor. 

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

Approved May 30, 1881. 



CENTRAL HOSPITAL FOR INSANE. 



§ 1. Appropriates $2n, 000 as follows: 
1i 1. $90,000 ordinary expenses for 1881; 

$104, 000 for 1882. 
IT 2. $2,500 per annum for improve- 
ments and repairs. 
1i 3. $1,000 per annum for improving 
grounds. 



i: 4. $2, 000 for filter. 

115. $5,000 for refrigerator. 

1i (J. $3, 000 for rebuilding walls. 

2. How drawn. 

In force July 1, 1881. 



An Act to make appropriations for the Illinois Central Hospital for 
the Insane, at Jacksonville. 

Section 1. Be it enacted by the People of the State of Illinois, 
repjresented in the General Assembly, That the following amounts be 
and are hereby appropriated to the Illinois Central Hospital for the 
Insane, at Jacksonville, for the purposes hereinafter named, and for 
no other : 

For defraying the ordinary expenses of the said hospital, for one 
year, from the first of July, 1881, the sum of ninety thousand dol- 
lars ($90,000), and at the rate of one hundred and four thousand 
dollars ($104,000) thereafter, until the expiration of the first fiscal 
quarter after the adjournment of the next general assembly ; this 
appropriation to be payable quarterly in advance. 

For improvements and repairs, two thousand five hundred dollars 
($2,500) per annum. 

For improving the grounds, one thousand dollars ($1,000) per 
annum. 

For building an additional filter, two thousand dollars ($2,000). 

For building a refrigerating house, five thousand dollars ($5,000). 

For rebuilding two end walls adjoining the center building, three 
thousand dollars ($3,000). 

§ 2. The moneys herein appropriated shall be due and payable 
to the trustees, or their order, only on the terms and in the manner 
now provided by law. 

Approved May 30, 1881. 



46 



APPEOPEIATIONS. 



SOUTHERN NOEMAL UNIVEESITY. 



§ 1. Appropriates one-half of seminary §2. How drawn, 

fund and $32,012.8«. as follows: one- 
half of seminary fund and $12,050.44 In force July 1, 1881. 
per annum for salaries; .^TSO per 
annum for fuel; $1,250 per annum 
for library; $1,000 per annum for re- 
pairs; $300 per annum for chemical 
apparatus; $400 for museum; and 
$250 per annum for trustees' ex- 
penses. 

An Act making an appropriation for the ordinary expenses of the 
Southern Illinois Normal University, at Carhondale. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That there be and is hereby 
appropriated to the Southern Illinois Normal University, at Carbon- 
dale, in addition to the one-half of the interest of the college and 
seminary fund, which is hereby appropriated, the further sum of 
twelve thousand and fifty-six dollars and forty-four cents per annum 
for the payment of salaries ; the sum of seven hundred and fifty 
dollars per annum for fuel ; the sum of twelve hundred and fifty 
dollars per annum for library, books and shelves ; the sum of one 
thousand dollars ($1,000) per annum for repairs ; the sum of three 
hundred dollars ($300) per annum for additions to apparatus and 
improvements of the chemical laboratory; the sum of four hundred 
dollars ($400) per annum for the use of the museum, the increase 
of cases and preservation of specimens ; and the sum of two hun- 
dred and fifty dollars per annum for trustees' expenses ; and these 
several sums shall be payable quarterly in advance, from the first 
day of July, 1881, to the expiration of the first fiscal quarter after 
the adjournment of the next general assembly : Provided, that the 
expenses of the model and high schools be paid from the receipts of 
the said schools. 

§ 2. The auditor of public accounts is hereby authorized and 
required to draw his warrants upon the treasurer for said sums, 
upon the order of the trustees of said Southern Illinois Normal 
University, signed by their president and attested by the secretary, 
with the corporate seal of the university attached : Provided, that 
satisfactory vouchers in detail, approved by the governor, shall be 
filed quarterly with the auditor of public accounts, for all the ex- 
penditures, ordinary and extraordinary, of the preceding quarter, 
and no part of the moneys herein appropriated shall be due and 
payable until such vouchers have been filed. 

Appeoved May 30, 1881. 



APPROPRIATIONS. 



47 



SOUTHERN PENITENTIARY. 



1. Appropriates $69,800, as follows: 

U 1. $10,000 for convicts' kitchen, store 

room, etc. 
IT 2. $15,000 for convicts' laundry and 

female prison. 
IT 3. $3,000 for barn, carriage and was on 

house. 
IT 4. $3,000 for pump and boiler house. 
If 5. .$4,000 lor wharf. 



§ 2. 

§ 3. 



). .$2,500 for cementing walls. 
". .$8,000 for gas works and fixtures. 
i. $1,3')0 for machinery. 
). $1,500 for water works and fire ap- 
paratus. 
9. $(i,5<io for contingent fund. 
How drawn. 
File vouchers. 

In force July 1, 1881. 



An Act making an appropriation for the erection of certain buildings 
at the Southern Illinois Penitentiary, and for the purchase of ma- 
chinery for said prison. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the following sums, or so 
much thereof as may be necessary, be and the same are hereby 
appropriated for the purchase of the necessary material and the 
employment of such skilled labor as may be found absolutely neces- 
sary, with convict labor, for the erection and completion of the 
following enumerated buildings and improvements of the Southern 
Illinois Penitentiary, in accordance with the plans and specifications 
adopted for said prison : 

For a convicts' kitchen, store room and repair shop, oven and fix- 
tures, the sum of ten thousand dollars. 

For a convicts' laundry and prison for female convicts, the sum 
of fifteen thousand dollars ($15,000). 

For one barn, carriage and wagon house, the sum of three thou- 
sand dollars ($3,000). 

For a pump house and boiler room, the sum of three thousand 
dollars. 

For building wharf, the sum of four thousand dollars. 

For cementing cells, the sum of two thousand five hundred dol- 
lars ($2,500). 

For gas works and gas fixtures, or electric light and fixtures, eight 
thousand dollars ($8,000). 

For machinery, one iron planer, one engine lathe, and one screw 
cutter, the sum of one thousand three hundred dollars. 

For water works and fire extinguishers, fifteen hundred dollars 
($1,500). 

For contingent fund, six thousand five hundred dollars ($6,500), 
for the expenditure of which the commissioners shall make a detailed 
report, accompanied by proper vouchers, as provided in section three 
(3) of this act. 

For the construction of a solitary, fifteen thousand dollars ($15,000). 

§ 2. The money hereby appropriated shall be paid out of any 
money in the treasury not otherwise appropriated, on the warrant 
of the auditor of public accounts, in sums not exceeding ten thou- 
sand dollars at any one time ; and the auditor is hereby authorized 
to draw his warrant on the treasurer, in said sums of not exceed- 
ing ten thousand dollars each, for the sum of money herein appro- 
priated, on receiving a certificate of said commissioners, or a major- 
ity of them, approved by the governor, that said sum is necessary 
for the purposes contemplated by this act : Provided, that after said 



48 



APPKOPKIATIONS. 



commissioners shall have drawn any amount of money, by virtue of 
this act, they shall not be authorized to draw or receive any more 
so long as there shall remain in their hands the amount ' of one 
thousand dollars. 

§ 3. Whenever said commissioners shall present to the auditor 
the certificate mentioned in section two of this act, they shall file 
therewith an abstract, to be signed by said commissioners, or a 
majority of them, accompanied by vouchers showing the expendi- 
ture of the money previously drawn, how expended, to whom and 
for what the same has been paid. 

Appeoved May 30, 1881. 



ILLINOIS EASTEKN HOSPITAL FOR INSANE. 



§ 1. Arpropriated $335,600: 

"' 1. $6,S00 for d ning-room and em- 
ployes quarters. 

^ 2. $12,000 for amusement hall. 

^ 3. $5,000 for bath-house. 

•^ 4. $2, 50(1 for refrigerator. 

^ 5. $3,000 for farm buildings. 

" C. .$5,000 for boilers and pumps. 

•" 7. $1,000 f<jr drain. 

T «. .$4,800 for branch railroad. 

^ !>. $73,0110 for completion of wing. 

T 10. $38,000 for detached wards. 

' n. $12,000 for furniture. 



t 12. $1,000 for covering: steam pipes. 
113. $1,000 per annum for improv ment 
of grounds. 

$2.5fHi for library and apparatus. 
$750 per annum for stock and farm 
implements. 

$1,500 for musical implements and 
magic lantern. 
$2,(100 per annum for improvem'ts. 
$160,000 for expenses. 
2. How drawn. 
In force July 1, 1881. 



1 14. 
t 15. 



1 16. 



1 17, 

H 18, 



An Act making appropriations for the ordinary and other eocpenses of 
tlte Illinois Eastern Hospital for the Insane, at Kankakee. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the following amounts be 
and are hereby appropriated to the Illinois Eastern Hospital for the 
Insane, at Kankakee, for the purposes hereinafter named, and for 
no other, viz : 

Dining-room and employes' quarters, six thousand eight hundred 
dollars ($6,800). 

Amusement hall, twelve thousand dollars ($12,000). 

Bath house, five thousand dollars ($5,000). 

Eefrigerator, two thousand five hundred dollars ($2,500). 

Farm buildings, three thousand dollars ($3,000). 

Boilers and pumps, five thousand dollars ($5,000). 

Land drain, one thousand dollars ($1,000). 

Branch railroad, four thousand eight hundred dollars ($4,800). 

For the completion of the south wing, seventy-three thousand 
dollars ($73,000). 

Detached wards, thirty-eight thousand dollars ($38,000). 

Furniture for four hundred and twenty (420) patients, twelve 
thousand dohars ($12,000). 



APPEOPKIATIONS. 49 



Covering steam pipes, one thousand dollars ($1,000), 

Improvement of gromids and farm, one thousand dollars per 
annum for two years. 

Patients' library, medical library and apparatus for laboratory, 
two thousand five hundred dollars ($2,500). 

Additional stock and farm implements, seven hundred and fifty 
dollars ($750) per annum for two years. 

Musical instruments, magic lantern, etc., one thousand five hun- 
dred dollars ($1,500). 

Kepairs and improvements, two thousand dollars per annum for 
two years. 

For ordinary expenses, payable quarterly in advance, for the year 
commencing July 1, 1881, the sum of seventy thousand dollars 
($70,000), and the sum of ninety thousand dollars ($90,000) per 
annum thereafter until the expiration of the first fiscal quarter after 
the adjournment of the next general assembly. 

§ 2. The moneys herein appropriated shall be due and payable 
to the trustees, or their order, only on the terms and in the man- 
ner now provided by laW' : And, provided, further, that the sums 
hereby appropriated for the improvements herein, be the full amounts 
for the objects specified, and the trustees shall not make any con- 
tract for any portion of the building, or expend any portion of the 
appropriation hereby made, unless the said appropriation is sufficient 
to complete all of said improvements and finish the same. 

Appko^^d May 30, 1881. 



ILLINOIS NATIONAL GUARD. 

§ 1. Appropriates $1,075.32 to pay 6th Reg- j §2. How drawn— Pav rolls. 

iment. and detachmeat of 1st Reg- In force July 1, 188L ■ 

iment, for services m 18<7 and 18/8. I 

An Act to 'provide for the payment of the Sixth Regiment and a de- 
tachment of the First Regiment, Illinois National Guard, for ser- 
vices performed during the years 1877 and 1878. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the sum of one thousand and 
seventy-five dollars and thirty- two cents ($1,075.32) be and the 
same is hereby appropriated and set apart out of any moneys in 
the state treasury not otherwise appropriated, for the purpose of 
paying the sixth regiment and a detachment of the first regiment, 
Illinois National Guard, for services during the years A. D. 1877 
and 1878. 

§ 2. That, for the payment of oflicers and soldiers, a pay roll 

• for each separate company shall be made out, which shall contain 

the names of each officer or soldier, the number of days of actual 

service rendered, and the amounts due each person named for such 

—4 



50 APPKOPKIATIONS. 



service. The pay rolls shall be certified, respectively, by the com 
manding officers to be correct, and shall be approved by the gov- 
ernor and filed in the office of the adjutant-general. The adjutant- 
general shall forthwith certify the amounts due each person, as 
shall appear by such pay rolls, to the auditor, who shall thereupon 
draw his warrant upon the treasurer, payable to the order of such 
persons, for the amount due, and forward the same by mail to him 
or his commanding officer. 

Approved May 30, 1881. 



§ 1. Appropriates the tax levy made by I § 2. How drawn. 

la'w. I iji force July 1, 1881. 

An Act to provide for paiiment of the IlUiwis National Guard for 
the year ending Jidy 1, 1882, and for the year ending Jidy 1, 1883. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly, That there be and is hereby appro- 
priated, to pay the expenses of the Illinois National Guard, for the 
years ending July 1, 1882, and July 1, 1883, the proceeds of the 
levies now authorized by the "Military Code" to be made annually 
for state military purposes. 

§ 2. The auditor of public accounts is hereby authorized and 
directed to draw his warrant on the state treasurer for the amount 
above set forth, upon presentation of the proper vouchers, and the 
state treasurer shall pay the same out of the proper funds in the 
treasury not otherwise appropriated, to the order of the persons 
entitled thereto. 

Approved May 30, 1881. 



SUPREME COURT HOUSE AT MT. VERNON. 

§ 1. Appropriates $3,000 for repainting. I § 2. How drawn— Vouchers, 
repairs, furnishing, and books of -^ ^ t i •. ,oo-. 

Supreme Court, at Mt. Vernon. I Ii force July 1, 1881. 

An Act for an appropriation for repairs and refurnishing of the 
Supreme Court house, at Mt. Vernon, Illinois. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly, That there shall be appropriated 
out of the state treasury, for the purpose of repainting the supreme 



APPEOPRIATIONS. 51 



court house and fence enclosing the same, and for necessary re- 
pairs and refurnishing, and for the purchase of books for the h- 
brary of the supreme court for the southern grand division, the 
sum of two thousand dollars (^2,000), or so much thereof as shall 
be deemed necessary by a majority of the judges of the supreme 
court of the state. 

§ 2. The said sum, or so much thereof as shall be deemed ne- 
cessary, shall be expended under the direction of the judges of the 
supreme court, and shall be paid in warrants to be issued by the 
auditor of state upon the state treasurer, upon the order of said 
judges, in such sums as they may from time to time require. The 
vouchers for such expenditures shall be filed with the auditor of 
state. 

Approved May 30, 1881. ' ..V 



m'allister and stebbins bond no. 363. ' 

§ 1. Appropriates $248.13 to pay state I In force July 1, 1881. • .' 

bonfl No. 363, issued under act 1841. | 

An Act to authorize the payment of the sum of .tivo hundred and forty - 
eight dollars and thirteen cents {$248.18) and interest, in full set- 
tlement of the last outstanding so-called Macallister and Stebbins 
bond, number 363. 

Whereas, under the provisions of the law of the state of Illinois, 
approved February 16, 1865, all except one (1) of the then out- 
standing one hundred and twenty-one (121) of the so-called Macal- 
lister and Stebbins bonds have been paid and canceled, leaving now 
outstanding but one (1) of said bonds, numbered 363, dated May 1, 
1841, and for the face value of one thousand dollars (§1,000), and 
on which no interest has been paid since July 1, 1841 ; and 

Whereas, the amount of principal equitably due on said bond 
was the sum of two hundred and forty-eight dollars and thirteen 
cents (i^248.13) ; and the state of Illinois has paid on the rest of 
said bonds a like sum, with accrued interest to date of jDayment or 
to January 1, 1866, at the rate of six (6) per cent, per annum, and 
it appears that this said bond, No. 363, was not presented for pay- 
ment, as required by the law of February 16, 1865, because of the 
decease of the original holder and the subsequent overlooking of the 
same by his heirs and holders of the bond, and without actual 
notice on their part of the laws relating to the presentation thereof 
for payment ; therefore. 

Section 1. Be it enacted bg the Peojjle of the State of Illinois, 
represented in the General Assembly, That the sum of two hundred 



52 



APPROPRIATIONS. 



and forty-eight dollars and thirteen cents ($248.13) together with 
interest thereon at the rate of six (6) per cent, per annum from the 
first day of July, 1841, to the first day of January, 1866, be and is 
hereby appropriated, to be paid to the holder of said bond, in full 
settlement of the same, and the auditor is directed to draw his warrant 
therefor upon the delivery to him of the said bond, provided the 
same is presented within sixty (60) days from the date when this 
act shall take effect. 
■ Approved May 30, 1881. 



NORTHERN HOSPITAL FOR INSANE. 



§ 1. 



Appropriates $249,985, as follows: 



1. $98,000 for ordinary expenses 1881; 
$102,000, year 1882. 

IT 2. $5,000 per annum repairs and con- 
tingent fund. 

IT 3. $1,000 per annum for improvement 
of grounds. 

IT 4. $1,000 for new ice house. 

IT 5. $10,000 for new boilers. 

IT 6. $3,500 for new smoke stack. 

H 7. $1,100 for new heater and purifier. 



H 8. $2,500 for additional power. 
H 9. $1,250 for new fan, etc. 
H 10. $800 for drop flues. 
IT 11. $500 for sewer and air ducts. 
IT 12. $1,000 for new pumps. 
IT 13. $4,000 for new radiators. 
IT 14. $5,00Ofor artesian well. 
IT 15. $4,450 for engine and pump house. 
H 16. $2,885 for covering steam pipes. 
§ 2. How drawn. 

In foi'ce July 1, 1881. 



An Act making appropriations for the ordinary and other expenses of. 
the Illinois Northern Hosjntal for the Insane, at Elgin. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the following amounts be 
and are hereby appropriated to the Illinois Northern Hospital for 
the Insane, at Elgin, for the purposes hereinafter named, and for 
none other : 

For ordinary expenses, payable quarterly in advance, for the year 
commencing July 1, 1881, the sum of ninety-eight thousand dollars 
($98,000), and the sum of one hundred and two thousand dollars 
(.$102,000) per annum thereafter until after the expiration of the first 
fiscal quarter after the adjournment of the next general assembly. 

For repairs and contingent fund, the sum of five thousand dol- 
lars ($5,000) per annum. 

' For improvement of grounds, one thousand dollars ($1,000) per 
annum. 

For new ice house, the sum of one thousand dollars ($1,000). 

For four new boilers and steam drum, setting and making con- 
nections, etc., ten thousand dollars ($10,000). 

For new smoke stack, three thousand five hundred dollars ($3,500). 

For one heater and purifier to cleanse the water, one thousand 
one hundred dollars ($1,100). 

For adding to the power of engine now provided for, and making 
new shafting, moving old fan, etc., two thousand five hundred dol- 
lars ($2,500). 

For one new fan and shafting, with brick work,, one thousand 
two hundred and fifty dollars ($1,250). 



APPKOPRIATIONS. 53 



For drop flues from boilers to chimney, eight hundred dohars 
($800). 

For connecting sewer with ventilating shaft and completing air 
ducts, five hundred dollars ($500). 

For new pump of sufficient capacity for fire purposes, one thous- 
and dollars (|1,000). 

For new cast-iron radiators to replace coils now worn out, four 
thousand dollars ($4,000). 

For constructing an artesian well of sufficient depth and capacity 
as will furnish a necessary supply of pure water, the sum of five 
thousand dollars ($5,000), or so much thereof as may be necessary. 

For new engine and pump house, four thousand four hundred and 
fifty dollars ; for covering steam pipes with asbestos or other non- 
conducting material, two thousand eight hundred and eighty-five dol- 
lars ($2,885). 

§ 2. The moneys herein appropriated shall be due and payable 
to the trustees of said Illinois Northern Hospital, for the Insane, at 
Elgin, or their order, only on the terms and in the manner now 
provided by law. ■ - 

Approved May 30, 1881. - ' • ■ " 



SUPREME COURT HOUSE AT OTTAWA. 

§ 1. Appropriates $1,000 for repainting I § 2. How drawn, 

and repairs upon building. ju force July 1, 1881. 

An Act making appropriation for repairs upon the court house of the 
Supreme and Appiellate Courts, at Ottawa, Illinois. 

Section 1, Be it enacted by the People of the State of _ Illinois, rep- 
resented in the General Assembly, That there be appropriated, for the 
purpose of repainting the woodwork of the court house of the su- 
preme and appellate courts, at Ottawa, Illinois, and for kalcimining 
or otherwise renovating the walls and ceilings , of the several rooms 
thereof, the sum of one thousand dollars ($1,000). 

§ 2. That said sum, or so much thereof as may be required, 
shall be expended under the direction of the justices of the appellate 
court of said district, who shall draw orders for all sums so ex- 
pended, and file the same, together with vouchers certified by them 
as correct, with the auditor of state, who shall thereupon issue war- 
rants upon the state treasurer for payment of such bills. 

Approved May 30, 1881. 



54 APPROPRIATIONS. 



ARAB FIRE COMPANY OF CAIRO. 

§ 1. Appropriates $250 for repairs of engine. I In force July 1, 1881. 
§ 2. How drawn. I 

An Act to appropriate the sum of two hundred and fifty dollars ($i50) 
to the Arab Fire Company of Cairo, lllmois, for repairing their 
engine, damaged at the fire of the Southern Hospital for the Insane, 
at Anna. 

Whereas, the Arab Fire Company of Cairo, a volunteer company 
of said city, were called to assist in extinguishing the fire of the 
insane hospital, at Anna, and said company did proceed with dis- 
patch and assist in extinguishing said fire ; and. 

Whereas, on their return to Cairo, while removing their steamer 
from the cars, it was accidentally overturned, and damaged so that 
it will require at least an expenditure of the sum of two hundred 
and fifty dollars (^'250) to repair the injury received and put it in 
as good condition as it was before ; therefore, to reimburse said 
company for said expenditure. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That there be and is hereby 
appropriated the sum of two hundred and fifty dollars ($250), pay- 
able out of any moneys in the state treasury not otherwise appro- 
priated, to the said Arab Fire Company of Cairo, Illinois, for the 
purpose of repairing the fire steamer of said company, which was 
injured and damaged while in use at the lire of the insane hospital 
at Anna, Illinois. 

§ 2. The auditor of public accounts is hereby authorized and 
directed to draw his warrant on the state treasurer, payable to said 
Arab Fire Company of Cairo, Illinois, for said sum of two hundred 
and fifty dollars ($250), on receipt from said company of vouchers of 
expenditure for repairs of damage and injury on their engine, 
received at the fire of the Southern Insane Hospital at Anna, Illinois. 

Approved May 30, 1881. 



MARY STELGEBOWER. 

§ 1. Appropriates $2, 000 for relief of Mary I § 2. How drawn. 

StelgeJDOwer, widow of John In force July 1,1881. 

Stelgebower. I 

An Act making an appropriation for the relief of the widow and 
children of John Stelgebower, who volunteered and was mustered 
into the State service in May, 1861, and on the 18th day of May, 
1861, at Jacksonville, Illinois, ivhile obeying orders, lost both his 
arms by a p)remature discharge of a cannon belonging to the State. 

Whereas, John Stelgebower did volunteer and was mustered into 
the service of the state of Illinois, in Company B, 14th Eegiment 



APPROPEIATIONS. 



55 



Illinois Volunteers, and at Jacksonville, Illinois, on the 18tli day of 
May, 1861, while in the performance of a duty for which he was 
detailed, he lost both his arms by the premature discharge of a 
cannon owned by the state ; and 

Wheeeas, said Stelgebower was not mustered into the service of 
the United States, and under the laws of congress was not entitled 
to and never did receive either bounty or pension ; and 

Whereas, said Stelgebower has departed this life and left Mary 
Stelgebower, his widow, and Barbara Wilson and Louisa Stelge- 
bower, his children ; and 

Whereas, his said widow is now getting old and feeble, and she 
has, unaided and without property, raised this soldier's children ; 
therefore, 

"Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sum of two thousand 
dollars (S^2,000), which amount shall be paid to Uie widow and no 
other person, be appropriated out of the treasury, out of any funds 
not otherwise appropriated, for the .purpose of relieving the said 
Mary Stelgebower and her two children aforesaid and as a recogni- 
tion of the meritorious and unfortunate service of said John Stelge- 
bower, and as a full settlement of any claim arising therefrom. 

§ 2. The auditor of public accounts is hereby authorized and 
directed to draw his warrant upon the state treasurer for the sum 
of two thousand dollars ($2,000) to the order of said Mary Stelge- 
bower, and the said state treasurer shall pay the same out of any 
funds in the state treasury not otherwise appropriated. 

Approved May 30, 1881. ■ 



COMPLETION OF STATE HOUSE. 



§ 1. Appropriates $531,712.18 to complete 
and finish state liouse. 

§ 2. Submitted to vote of people, Nov. 

1882. 
§ 3. Canvass and retui'n of the votes by 

judges of election. 



§ 4. Canvass by state board— Proclama- 
tion of result by governor— Appro- 
priation, how drawn. 

§ 5. In ease of failure, question may be 
again submitted. 
In force July 1, 1881. 



An Act to provide means for the completion and furnishing of the 
State House, and for the improvement of the grounds, and to pro- 
vide for the appointment of three (5) commissioners. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That the sum of five hundred and 
thirty-one thousand seven hundred and twelve dollars and eighteen 
cents ($581,712.18) be and the same is hereby appropriated, for the 
completion and furnishing of the state house, and for the improve- 
ment of the grounds, payable as hereinafter provided, out of any 



56 APPEOPRIATIONS. 



moneys in the treasury not otherwise appropriated : Provided, that 
a majority of all the votes cast at any general election, as herein- 
after provided, shall be in favor of such appropriation. 

§ 2. At the next general election to be held in this state, on the 
first Tuesday after the first Monday in November, A. D. 1882, the 
question shall be submitted to the legal voters of this state, whether 
or not they are in favor of the appropriation, as provided in sec- 
tion one (1) of this act. In the notices for election required to be 
furnished by the county clerk, in section forty-six (46), chapter 
forty-six (46), Elections, of the Revised Statutes of 1874, in addi- 
tion to the several offices to be filled, he will also insert the words^ 
"Also, to vote for the appropriation for the state house, or against 
the appropriation for the state house." Those in favor of such ap- 
propriation shall have written or printed, or partly written and 
partly printed on their ballots, "For the $531,712.18 appropriation;" 
those opposed, "A.gainst the $531,712.18 appropriation." 

§ 3. It shall be the duties of the judges of election, in niaking a 
canvass and return of the votes cast at such election to the county 
clerk, in addition to the returns for the several offices voted for, to 
certify to the wdiole number of votes cast in such election precinct 
or district at said election ; also, to certify to the whole number of 
votes cast in favor of such appropriation ; which returns, when so 
made to the county clerk, shall be abstracted by the proper officers 
and forwarded, directed to the secretary of state, within the time 
and in the manner as now required by law in the case of votes cast 
for representatives to the general assembly. 

§ 4. The secretary of state, auditor, treasurer and attorney-gen- 
eral, or any two of them, in the presence of the governor, shall, as 
required by section seventy-eight (78), chapter forty- six (46), afore- 
said, proceed to canvass the votes cast for such appropriation, and 
shall certify the result of such canvass to the governor, who shall, 
within five (5) days thereafter, cause proclamation of such result to 
be made, and if it shall appear, from such proclamation, that a 
majority of all the votes cast at such election were in favor of such 
appropriation, the same shall take immediate effect, and be in force 
from and after the date of such proclamation, and payable as fol- 
lows : Two hundred thousand dollars ($200,000) thereof immediately 
thereafter, out of any unexpended balances in the treasury, and the 
remaining three hundred and thirty-one thousand seven hundred 
and twelve dollars and eighteen cents ($331,712.18), or so much 
thereof as may be necessary, shall be payable at such time or times 
as may hereafter be provided by the general assembly ; and the 
auditor of public accounts will thereupon draw his warrants on the 
treasury, payable out of such appropriation or the accounts of ex- 
penditure, as heretofore, when duly certified to by the state house 
commissioners, or a majority of them, and approved by the governor. 

§ 5. In case that a majority of all the voters voting at such 
election do not vote in favor of the appropriation, the same question 
may again be submitted to the legal voters at any subsequent gen- 
eral election, on the proclamation of the governor, or the notices to 
be given, and result obtained in the same manner as hereinbefore 
provided. 



CITIES AND VILLAGES. 57 



§ 6. When [this] appropriation shall take effect and be in force, as 
in the act provided, the governor shall, by and with the consent of the 
senate, appoint three (3) discreet and skillful persons to act as com- 
missioners to superintend the completion of the state house, who, 
before they enter upon the discharge of their duties, shall enter into 
a bond to the People of the State of Illinois, with sureties to be 
approved by the governor, in penal sum of twenty-five thousand dol- 
lars ($25,000) each, within thirty (30) days after their appointment, 
conditioned for the faithful performance of their duties, and shall 
severally take an oath that they will well and truly discharge all of 
their duties as such commissioner in superintending the completion 
of said state house. The governor of the state is hereby authorized 
to fill all vacancies by appointing commissioners, who shall continue 
to act until the next session of the general assembly, when the 
senate may ratify or reject said appointment. The governor is also 
authorized to remove any commissioner for cause, and fill the vacancy 
occasioned thereby. The compensation of each of said commis- 
sioners shall be at the rate of five dollars ($5) per diem for the time 
actually employed, and shall be paid out of this appropriation. 

Approved May 31, 1881. 



CITIES AND VILLAGES. 



BRIDGES AND FERRIES OUTSIDE OF LIMITS. 

§ 1. Amends section 1, act 1879, In force July 1, 1881. 

An Act to amend section one (1) of an act entitled "An act to enable 
cities and villages to build, acquire and maintain bridges and fer- 
ries outside of their corporate li-mits, and to control the same,'" ap- 
proved and in force May 5, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section one (1) of an act 
entitled "An act to enable cities and villages to build, acquire and 
maintain bridges and ferries outside of their corporate limits, and 
control the same," approved May 5, 1879, be and is hereby 
amended so as to read as follows : 

"Section 1. That it shall be lawful for any city or village within this 
state to build, or acquire by purchase, lease or gift, and to maintain fer- 
ries and bridges, and the approaches thereto, for each ferry or bridge 
within the corporate limits, or at any point within five (5) miles of the 
corporate limits, of such city or village. That all such ferries and 
bridges shall be free to the public, and no toll shall ever be col- 
lected by any such city or village authority : Provided, that where 
any city or village has become or is the owner of any toll bridges 



58 CITIES AND VILLAGES. 



or ferries, and is keeping up and maintaining the same by authority 
of law, all ownership and rights vested in such city or village shall 
continue in, and be held and exercised by them, and they may from 
time to time fix the rates of toll on such bridges and ferries : And, 
pi'ovided, further, that in all cases where a bridge shall hereafter be 
built or a ferry acquired across a navigable stream by any city or 
village, in whole or in part, where the population of such city or 
village furnishing the principal part of the expenses thereof shall 
not exceed five thousand (5,000) inhabitants, and where it is neces: 
sary to maintain a draw and lights, and a debt shall be incurred 
by such city or village for such purpose, then a reasonable toll may 
be collected by the city or village contracting such indebtedness, to 
be set apart and appropriated to the payment of such indebted- 
ness, interest thereon and the expenses of keeping such bridge in 
repair, and of maintaining, opening and closing the proper draws 
therefor, and lights ; or in case of a ferry, of keeping the ap- 
proaches and boat in repair and operating the same. 

Approved May 25, 1881. 



INCORPORATION UNDER GENERAL LAW. 

§ 1. Petition to incorporate— Submission I § 2. Emergency clause. 

of question at next ensuing munici- ! In force February 26 1881 

pal election. i ^ . • 

An Act to amend section one (1) of article one (i) of "An act to pro- 
vide for the incorporation of cities and villages," approved April 
10, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section one (1) of article 
one (1) of an act entitled "An act to provide for the incorporation 
of cities and villages," approved April 10, 1872, in force July 1, lh72, 
be and the same is hereby amended so as to read as follows : 

"Section 1. That any city now existing in this state may become 
incorporated under this act in the manner following : Whenever one- 
eighth of the legal voters of such city, voting at the last preceding 
municipal election, shall petition the mayor and council thereof to 
submit the question, as to whether such city shall become incor- 
porated under this act, to a vote of the electors in such city, it 
shall be the duty of such mayor and council to submit such question 
at the next ensuing ruunicipal election of such city, or on the third 
Tuesday of April, as provided for in article four (4) of said act, for 
holding municipal elections : Provided, there shall be sufficient time 
intervening to give the notice required by law." 

§ 2. Whereas, an emergency exists, that this act shall take effect 
without delay; therefore, this act shall take effect and be in force 
from and after its passage. 

Approved February 26, 1881. 



CITIES AND VILLAGES. 



59 



ANNUAL ELECTIONS. 



§ 1. Time of annual election for village 
officers. 



§ 2. Emergency clause. 
In force March 11, 1881. 



An Act to amend section. thirtee)i {13) of article eleven {11) of an 
act entitled "An act to j^i'oiide for the incorjjoration of cities and 
villages," ajjjJroved April 10, 1872, in force Jidy 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section thirteen (13) of 
article 11 of an act entitled "An act to provide for the incorpora- 
tion of cities and villages," approved April 10, 1872, in force July 
1, 1872, be amended so as to read as follows : 

"Section 13. [Annual elections.] An annual election for three 
trustees and a clerk of villages shall be held on the third Tues- 
day of April in each year : Provided, that in villages, the terri- 
torial limits of which coincide with the territorial limits of any 
township, an election for trustees, and a clerk of villages, shall be 
held at the same time, and at the same polling places as the annual 
township election, to-wit : on the first Tuesday of April in each 
year. Special elections may be held, under such regulations as may 
be provided by ordinance, to fill vacancies, and for other pur- 
poses." 

§ 2. [Emergency.] Whereas, the inhabitants of certain villages 
in this state are now subject to the expense of an unnecessary 
election in each year, whereby an emergency exists that this act 
shall take effect without delay, therefore this act shall take effect 
and be in force from and after its passage. 

Appeoved ]\iarch 11, 1881. 



KATE OF taxation. 



§ 1. Eemit-i additional levy of 1 per cent, 
for school purposes— How collected. 
§ 2. Former levies confirmed and legal- 
ized. 



§ 3. Emergency. 

In force May 30, 1881. 



An Act in relation to the rate of taxation in cities, villages and 

incorporated, towns. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That all cities, villages and in- 
corporated towns in this state not now having, by their respective 
charters, the power to levy and collect as high a rate of taxation 
as is herein authorized and provided for, shall hereafter have power 
to assess, levy and collect annually upon the taxable property within 



60 



CLAIMS COMMISSIONS. 



their respective limits, for all corporate purposes, in addition to all 
taxes which any such city, town or village may now or hereafter be 
authorized by law to levy and collect to support and maintain schools, 
erect school buildings and for all other school purposes, and to pay 
interest on its registered bonded indebtedness, such an amount as 
their respective corporate authorities may prescribe, not exceeding 
in any year the rate of one per cent, of the assessed valuation of 
such taxable property as equalized by the state board of equaliza- 
tion for the preceding year. And the said rate authorized by this 
act shall be in lieu of all rates and items of taxation now provided 
and authorized in such charters, for all purposes other than for 
schools, the erection of school buildings, and all other school 
purposes, and for paying interest on the registered bonded indebted- 
ness of such city, town or village. 

§ 2. Every tax levy made for lawful corporate purpose by any 
city, village or incorporated town, within this state, in the year 
1880, up to the rate of taxation above authorized, is hereby 
ratified, authorized, legalized and confirmed to' the same effect in 
all respects as though such levy had been made subsequent to the 
going into effect of this act. 

§ '6. Whereas an emergency exists, by reason of certain cities in this 
state being now without necessary power to levy taxes, therefore this 
act shall take effect and be in force from and after its passage. 

Appkoved May 30, 1881. 



CLAIMS COMMISSION. 



JUKISDICTION AS TO CONDEMNATION PKOCEEDINGS FOE STATE IMPKOVE- 

MENTS. 



S 1. 



Jurisdiction as to claims for dam- 
aged property. 



§ 2. Autliority to make estimates or ap- 
point surveyor to do so. 
In force July 1, 1881. 

An Act in regard to the jurisdiction of the Commission of Claims. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the commission of claims 
is hereby given jurisdiction in all cases of claims against the state 
for the taking or damaging of private property by the state, for 
public purposes, in the construction or for the use of any state 
institution, river, canal, or other public improvement. Nothing in 
this act shall be so construed as to remove or repeal the bar of any 
statute of limitations against any such claim, nor shall the same be 
so construed as to give the commission jurisdiction of any claim 
growing out of the construction of the dam across the Illinois river, 



CONVEYANCES. 61 



at Henry, Illinois, or the dam across the Little Wabash river, at 
New Haven, Illinois, nor to any claim heretofore passed upon by 
said commission or the general assembly. 

§ 2. Said commission may go upon the premises alleged to have 
been taken or damaged, or may appoint a competent surveyor to go 
upon such lands and report such notes and profiles to said commis- 
sion as the commission may direct. Said commission may award 
such surveyor a reasonable compensation for such services. 

Appeoved May 30, 1881. 



CONVEYANCES. 



COVENANTS OF WARRANTY. 

§ 1. The words "grant," "bargain" and j 

"sell," express covenants from In force July 1, 1881. 

grantor to grantee. 1 

An Act to amend section eight (8) of an act entitled ''An act concern- 
ing conveyances," approved March 29, 1872, in force July 1, 

1872.- 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section eight (8) of an act 
entitled "An act concerning conveyances," approved March 29, 1872, 
in force -July 1, 1872, be and the same is hereby so amended as to 
read as follows : 

"Section 8. In all deeds whereby any estate of inheritance in fee 
simple shall hereafter be limited to the grantee and his heirs, or 
other legal representatives, the words "grant," "bargain" and "sell," 
shall be adjudged an express covenant to the grantee, his heirs, 
and other legal representatives, to-wit : that the grantor was seized 
of an indefeasible estate in fee simple, free from encumbrances done 
or suffered from the grantor, except the rents and services that may 
be reserved, as also for quiet enjoyment against the grantor, his 
heirs* and assigns, unless limited by express words contained in such 
deed; and the grantee, his heirs, executors, administrators and as- 
signs, may, in any action, assign breaches, as if such covenants 
were expressly inserted : Provided, ' always, that this law shall not 
extend to leases at rack-rent, or leases not exceeding one and twenty 
years, where the actual possession goes with the lease. 

Approved April 27, 1881. 



62 COUNTY TKEASUKEKS — COUNTY OFFICERS' BONDS. 



COUNTY TEEASUEEES. 



TERM OF OFFICE. 

§ 1. Fixes term of office in counties not I In force July 1, 1881. 
under township organization. | 

An Act to amend section one (i) of an act entitled "An act to con- 
solidate the offices of county treasurer and county assessor in conn- 
ties not under toivnskip organization," apjj'i'oved. May 3, 1873, in 
force Jidy 1, 1878. 

Section 1. [Elections — time of holding for certain officers.] 
Be it enacted by the Peojjle of the State of Illinois, represented in the 
General Assembly, That section one (1) of an act entitled "An act 
to consolidate the offices of county treasurer and county assessor, 
in counties not under township organization," approved May 2,. 
1873, in force July 1, 1873, be amended so as to read as follows : 

"Section 1. In counties not under tow'iiship organization, there 
shall be elected on Tuesday next after the first Monday of Novem- 
ber, 1882, and every four years thereafter, a county treasurer, who 
shall be ex-officio the county assessor, and who shall receive all fees 
as treasurer and assessor, as is provided by law, and who shall 
hold his office for four years, and until his successor is elected and 
qualified : Provided, that no person having once been elected county 
treasurer under this act, shall be eligible to reelection to said office 
for four years after the expiration of the term for which he shall 
have been elected." 

Approved May 10, 1881. 



COUNTY OFFICEES' BONDS. 



TO GIVE ADDITIONAL BONDS. 

§ 1. Officers holding over give new bonds. In force July 1, 1881. 

An Act requiring county officers who may continue in office after the 
time for the qualification of tlieir successors, to give additiona' 
bonds. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented' in the General Assembly, That whenever any county offi- 
cer, who has been heretofore elected to any office in any county in 
this state, shall, for any cause, continue in office after the time for 
which he was elected, such officer so continuing in office shall exe- 



CORONEKS. 63 



cute a new official bond in the same manner, of the same charac- 
ter, with the same conditions and penalties and like securities as 
now required by law of such officer before entering upon the duties 
of his office. Should any county officer fail, neglect or refuse to 
execute such new bond, as above provided, within thirty days after 
the expiration of the time for which he was elected, the county board 
of such county may declare such office vacant. The liabilities of the 
principal and securities of any such bond shall continue during the 
continuance of such officer in office ; but neither the execution of such 
bond nor the failure to execute the same shall be held to in anywise 
release or extinguish the liabilities of such officer or his securities 
on any bond executed by them before the execution of such new 
bond. 
Approved May 28, 1881. 



COKONEES. 



appointment of deputies. 



§ 1. Coroners may appoint deputies- 
How made. 
§ 2. Deputies to take oath of office. 



§ 3. Deputy coroners to have same au- 
thority as principal officers. 
In force July 1, 1881. 



An Act alloiving coroners to appoint deputies, and to prescribe their 

duties. . 

Section 1. Be it enacted by the People of the State of Illinois, 
represented i)i the General Assembh/, That each coroner may appoint 
one or more deputies, not exceeding the number allowed by rule of 
the circuit court of his county, and take bond or security from the 
same for his indemnity. Such appointment shall be in writing, and 
signed by the coroner, and their compensation shall be determined 
by the county board. 

§ 2. Each deputy shall, before entering upon the duties of his 
office, take and subscribe an oath, or affirmation, in like form as 
required of coroners, which shall be filed in the office of the county 
clerk. 

§ 3. Deputy coroners, duly appointed and qualified, may perform 
any and all the duties of the coroner in the name of the coroner, 
and the acts of such deputies shall be held to be acts of the 
coroner. 

Approved May 26, 1881. 



64 COURTS. 



COURTS. 



APPELLATE. 



§ 1. Amends section 1 of act of 1877 by creating four appellate courts, and defines district 
of each— Jurisdiction. In force July 1, 1881. 

An Act to amend section one (1) of an act entitled "An act to estab- 
lish appellate courts,'' approved June 2, 1877-. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the' General Assembly, That section one (1) of an act 
entitled "An act to establish appellate courts," approved June 2, 
1877, be and the same is hereby so amended as to read as follows : 

"Section 1. There are hereby created four appellate courts in 
this state, to be called the appellate courts in and for the districts 
hereby created : The first district to consist of the .county of Cook ; 
the second district to include all the counties which now are or hereafter 
may be embraced within the northern grand division of the supreme 
court, except the county of Cook ; the third district to include all 
the counties which now are or hereafter may be embraced within 
the central grand division of the supreme court ; and the fourth 
district to include all the counties which now are or hereafter may be 
embraced within the southern grand division of the supreme court. 
Said appellate courts shall be courts of record, with seals and clerks 
for each, respectively; and each shall be held by three of the judges 
of the circuit court, to be assigned in the manner hereinafter pro- 
vided." 
• Approved May 18, 1881. 



§ 1. Terms of court— Time and places. i In force July 1, 1881. 

§ 2. Emergency clause. I 

An Act to amend, an act entitled "An act to establish appellate courts,''^ 
approved June 2, 1877, and as amended, approved and in force 
February 28, 1879. 

Section 1. [Terms.] Be it enacted by the Peojjle of the State of 
Illinois, represe7ited in the Genercd Assembly, That section two of an act 
entitled "An act to establish appellate courts," approved June 2, 1877, 
as amended, approved and in force February 28, 1879, be amended 
so as to read as follows : 

"Section 2. The terms of said appellate courts shall be held in the. 
several districts as follows : In the first district, at the city of Chi- 
cago, on the first Tuesdays in March and October of each year. 



COURTS. 65 



In the second district, at Ottawa, in LaSalle county, on the third 
Tuesday in May and the first Tuesday in December of each year. 
In the third district, at Springfield, on the third Tuesdays of May 
and November in each year. In the fourth district, at Mt. Vernon, on 
the fourtli Tuesdays in February and August in each year. All cases 
now or hereafter taken to said appellate courts, and all processes of 
every nature and kind that would stand for hearing or be returna- 
ble to any of said terms as now fixed by law, shall stand for hear- 
ing and be returnable to the first term of said court in each district, 
respectively, as fixed by this act." 

§ 2. [Emergency.] Whereas, the June term of said court for the 
second district would be held before this act takes effect ; and where- 
as, it is desirable that the change in the time of holding said terms 
should apply to the first term of said court to be holden after the 
passage of this act ; therefore an emergency exists and this act 
shall take effect and be in force from and after its passage. 

Approved January 28, 1881. 



APPELLATE COURTS MAY ISSUE WRITS. 

§ L Appellate courts granted authority to issue writs necessary to administration of 
justice. How issued. In force July 1, 18SL 

An Act to amend section eleven {11) of cm act entitled "An act to 
cstcdilish appellate courts,'' approved June 2, 1877, in force Jvly 
1, 1877. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assemhly, That section eleven (11) of an 
act entitled "An act to establish appellate courts," approved June 
2, 1877, in force July 1, 1877, be amended so as to read as fol- 
lows : 

"Section 11. The said appellate courts, respectively, may issue 
the writ of mandamus to cause a proper record to be duly certified or 
made and certified, or to cause any other act to be done which may 
be necessary to enforce the due administration of justice in all mat- 
ters, suits or proceedings which could or might by appeal or writ 
of error, or in any other lawful manner, be brought within their 
respective jurisdictions ;' upon petition filed, the clerk of the proper 
court shall issue summons, and like proceedings shall be had as in 
other cases of mandamus. And the said appellate courts, respect- 
ively, may also issue writs of certiorari, error, supersedeas, and all 
other writs not prohibited by law, which may be necessary to enforce 
the due administration of justice in all matters within their juris- 
diction. Such writs or process shall run in the name of the People 

—5 



66 COURTS. 



of the State of Illinois, and bear test in the name of the presiding 
justice of the court from which it may issue, be signed by the clerk, 
dated when issued, sealed with the seal of the court, and made re- 
turnable according to law." 
Approved May 81, 1881. 



APPEALS AND WRITS OF ERROR TO SUPREME OR APPELLATE COURTS. 

§ 1. Appeals and wi'its of error— How | In force July 1, 1881. 
taken and prosecuted. I 

A\ Act to amend section one hundred and twenty-three {123) of an act 
entitled "An act to extend the jurisdiction of county courts, and to 
l^rovide for the practice thereof, and to fix the time for holding the 
same, and to repeal an act therein named,'' approved March 26, 
1874, in force Jidy 1, 1874, as amended by act approved May 21, 
1877, in force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section one hundred and 
twenty-three of an act entitled "An act to extend the jurisdiction 
of county courts, and to provide for the practice thereof, and to 
fix the time for holding the same, and to repeal an act therein 
named," approved March 26, 1874, in force July 1, 1874, as amended 
by act approved May 21, 1877, in force July 1, 1877, be and the 
same is hereby amended so as to read as follows : 

"Section 123. Appeals and writs of error may be taken and prose- 
cuted from the final orders, judgments and decrees of the county 
court to the supreme court, or appellate court, in proceedings for 
the confirmation of special assessments, in proceedings for the sale 
of lands for taxes and special assessments, and in all common law 
and attachment cases, and cases of forcible detainer and forcible 
entry and detainer. Such appeals and writs of error shall, when 
not otherwise provided, be taken and prosecuted in the same man- 
ner as appeals from and writs of error to circuit courts." 

Approved May 30, 1881. 



COUETS. 67 



CAUSES EEMANDED BY SUPREME OR APPELLATE COURTS. 

S L Transcripts of order to either party [ § 2. Applies to causes heretofore as well 
by payment of fees. as hereafter. 

I In force July 1, 1881. 

An Act in relation to remanding causes on appeal or icrit of error. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That when any cause is remanded 
Ijy the supreme court or appellate court, any person shall be entitled to 
have a transcript of such order duly certified by the clerk of such 
court, upon paying to such clerk the costs in such cause made by 
such party in said supreme or appellate courts, and the fees for 
making such transcript. 

§ 2. This act shall apply to causes now in the supreme and 
appellate courts in which such order has been made, as well as to 
causes in which such order shall be hereafter made. 

Approved May 19, 1S81. 



CIRCUIT. 



§ 1. Williamson county— Additional terms. In force April 21, 1881. 

S 2. Emergency clause. 

An Act to provide two additional terms of the circuit court in Wil- 
liamson county. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That hereafter there shall be 
held, m the county of Williamson, two additional terms of the cir- 
cuit court, to commence on the second Mondays in the months of 
Maj' and November, in each and every year. 

§ 2. Whereas, in consequence of the extremely cold weather in 
the month of January, and extreme hot weather in the month oi 
July, the terms now fixed by law for holding terms of court in said 
county, no regular term of said court has been held for more than 
one year, therefore an emergency is hereby declared to exist, and 
therefore this act shall take effect and be in force from and after 
its passage. 

Approved April 21, 1881. 



68 



COURTS, 



FIRST CIRCUIT. 



Fixes time for holding court in the 
counties of Union, Jackson, Wil- 
liamson, Franklin, Saline. Alexan- 
der, Pulaski, Pope, Massac, Hardin 
and Johnson. 



Emergency clause. 
In force April 16, 1881. 



An Act to amend section two {2) of an act entitled "An act concerninci 
circuit courts, and to fix the time for holding the same in the sev- 
eral counties in the judicial circuits in the state of Illinois, exclu- 
sive of the county of Cook,'' approved May 24, 1879, in force Jidij 
1, 1879, and to create an additional term of the circuit court in 
Alexander county. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Asscnddy, That section two (2) of an act 
entitled "An act concerning circuit courts, and to fix the time for 
holding the same in the several counties in the judicial circuits in 
the state of Illinois, exclusive of the county of Cook," approved 
May 24, 1879, in force July 1, 1879, he amended so as to read as 
follows : 

"Section 2. First circuit: In the county of Union, on the first 
' Monday of March and first Monday of September ; in the county of 
Jackson, on the fourth Monday of March and second Monday of 
August, and second Monday of December ; in the county of AVilliam- 
son, on the second Mondays of January and July; in the county of 
Franklin, on the fourth Mondays of April and October ; in the county 
of Saline, on the second Mondays of March and September ; in the 
the county of Alexander, on the second Monday of February, and 
second Monday of May, and third Monday of September, and second 
Monday of July : Provided, the term to be held on the second Mon- 
day of July in Alexander county shall be held exclusively for criminal 
business ; in the county of Pulaski, on the third Monday of February 
and first Monday of October ; in the county of Pope, on the third 
Monday of February and second Monday of October ; in the county 
of Massac, on the third Monday of April and third Monday of No- 
vember ; in the county of Hardin, on the first Monday of April and 
fourth Monday of October ; in the county of Johnson, on the first 
Mondays of April and November : Provided, that no grand jury shall 
be summoned to attend at said May term in Alexander county, except 
by the special order of the judge holding such term of court." 

§ 3 [2]. Whereas, a large amount of business has accumulated 
in the Alexander county circuit court, and it will be necessary to 
hold the May term there for its relief : and whereas, an emergency 
has arisen, it is provided that this act shall take effect and be in 
force from and after its passage. 

Approved April 16, 1881. 



COURTS. 



69 



SECOND CIRCUIT. 



2. Emergency clause. 
In force April 19, 1881. 



§ 1. Fixes time for holding court in the 
counties of Lawrence. Cumberland, 
Crawford, Clay, Richland, Effing- 
ham. Jasper, Jefferson, Hamilton, 
Wayne, Edwards, Wabash, White 
and Gallatin. 

An Act to amend section three (5) of an act entitled "An act concerning 
circuit courts, and to fix the time for holding the same in the several 
counties in the judicial circuits in the state of Illinois, exclusive of the 
county of Cook," appiwed May 24, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented hi the General Assembly, That section three (3) of an 
act entitled "An act concerning circuit courts, and to fix the time 
for holding the same in the several counties in the judicial circuits 
in the state of Illinois, exclusive of Cook county," approved May 24, 
1879, and in force July 1, 1879, be amended to read as follows : 

" Section 3. Second circuit : In the county of Lawrence, on the 
first Mondays of February and August ; in the county of Cumber- 
land, on the third Mondays of February and August ; in the county 
of Crawford, on the first Mondays of March and September; in the 
county of Clay, on the third Monday of March and on the second 
Monday of September ; in the county of Kichland, on the second 
Mondays of April and November ; in the county of Eftingham, on 
the fourth Monday of April and the third Monday of October ; in 
the county of Jasper, on the third Monday of May and first Mon- 
day of December ; in the county of Jefferson, on the second Monday 
of May and second Monday of December ; in the county of Hamil- 
ton, on the fourth Mondays of February and September ; in the 
county of Wayne, on the third Mondays of March and October ; in 
the county of Edwards, on the second Mondays of April and No- 
vember; in the county of Wabash, on the third Mondays of April 
and November ; in the county of White, on the first Monday of 
January, the second Monday of March, the first Monday of June, 
and the first Monday of October ; in the county of Gallatin, on the 
first Mondays of February and September : Provided, that the Jan- 
uary and June terms of the court to be held in the county of AVhite 
shall be devoted exclusively to the transaction of any business in 
criminal, civil and chancery cases not requiring a jury, or where a 
trial by jury is waived, and for these terms of court no grand or 
petit jury shall be summoned or empaneled." 

§ 2. Whereas, the June term of the circuit court of White county 
is very oppressive to the people of said county by reason of the 
people being called from their farms in the busiest season of the 
year for jurors and witnesses in contested cases, therefore an 
emergency has arisen, and this act shall take effect and be in force 
from and after its passage. 

Approved April 19, 1881. 



70 COUETS. 



COUNTY. 

§ 1. County courts to have concurrent I § 3. Fees of clerks. 

jurisdiction with circuit courts in j^ fo^ce July 1, 1881. 

counties having probate courts. 
S 2. Process, practice and pleadings. ' 

An Act to extend the jurisdiction of county courts in counties in 
which 2^1'ohate courts are or may he established. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That in all counties in which 
probate courts are or may hereafter be established, in addition to 
the jurisdiction now conferred upon them by law, county courts 
shall have concurrent jurisdiction with the circuit courts in all cases 
at law and in equity, except criminal cases, where the punishment 
may be death or confinement in the penitentiary. 

§ 2. The process, practice and pleadings in said county courts 
in the cases in which jurisdiction is conferred upon them by this 
act, shall be the same as in the circuit courts in similar cases, and 
the process, orders, judgments and decrees of said courts shall have 
the same forms, force, lien and effect as in like cases in the cir- 
cuit court ; and all final orders, judgments and decrees of said 
courts in such cases may be reviewed by appeal or writ of erior in 
the same manner and upon the same terms and conditions as is 
provided by law for like cases in the circuit courts, 

§ 3, The clerks of said county courts shall charge and collect 
like fees as the clerks of circuit courts for similar services. 

Appeoved April 29, 1881. 



§1. Election of judges. In force July 1, 1881. 

An Act to amend section three (3) 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, in force Jidy 1, 1874. 

Section 1. [County judges — their election.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That section three (3) of an act entitled "An act to extend the ju- 
risdiction 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, be amended 
so as to read as follows : 

"Section 3. The county judge, in each county, shall be elected on the 
Tuesday after the first Monday in November in the year 1882, and 
on Tuesday after the first Monday in November every fourth year 
thereafter, and shall enter upon the duties of his office on the first 
Monday in December after his election, and shall hold his office for 
four years, and until his successor is elected and qualified." 

Approved May 10, 1881. 






COURTS. 71 



§ 1. Fixes terms in certain counties. I § 3. Emergency. 

§ 2. Writs returnable. I In force May 22, 1881. 

An Act to amend sections fifteen {15), twenty-three {23), thirty-seven 
{37), forty-one {41), fifty-two {52), fifty-eight {58), seventy-eight 
{78), eighty-four {84), ninety-nine {99), one hundred and three 
{103), and one hundred and eight {108) of an act entitled "An act 
to extend the jurisdiction of count]/ 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, rep- 
resented in the General Assembly, That sections fifteen (15), twenty- 
three (23), thirty-seven (37), forty-one (41), fifty-two (52), fifty-eight 
(58), seventy-eight {78), eighty-four (81), ninety-nine (99), one hun- 
dred and three (103) and one hundred and eight (108) 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, be amended so as to read as follows : 

"Section 15. Calhoun, in January and August." 
"Section 23. Coles, in March and September." 
"Section 37. Fulton, in March and August." 
"Section 41. Hamilton, in January and August." 
"Section 52. Johnson, in March and September." 
"Section 58. LaSalle, on the first Mondays of January, March, 
May, September and November." 

"Section 78. Moultrie, in January and August." 
"Section 84. Pope, in July and December." 
"Section 99. Vermilion, in April, August and December." 
"Section 103. Wayne, in January and August." 
"Section 108. Winnebago, in March, June and November." 
§ 2. All summons, subpoenas, writs, bonds, recognizances, venires, 
papers and processes of any kind whatever, made and served for 
or returnable to the several terms of court, at such times as said 
terms are required to be held by the law in force immediately prior 
to the time this act shall take effect, shall be deemed and taken, 
and shall have the same force and effect, as if the same had been 
made and served for or returnable to the first term of court to be 
held in each county as fixed by this act, and no action, suit, cause 
or proceeding now pending in any of the county courts shall be abated 
by force of the provisions of this act. 

§ 3. Whereas, in consequence of the condition of the legal busi- 
ness of said county of Winnebago, a term of said county court is 
required in the month of June, A. D. 1881, and an emergency ex- 
ists, therefore this act shall take effect and be in force from and 
after its passage. 

Approved May 27, 1881. 



72 



COURTS. 



PROBATE. 



§ 2. How organized— Name and seal. 
In force July 1, 1881. 



§ 1. Amends act of 1877, so as to allow 
counties having a population of 
70,000 or more to establish probate 
courts. 

An Act to amend the title and section one (1) of an act entitled "An 
act to establish probate courts in all counties having a population of 
one hundred thousand (100,000) or more, to define the jurisdiction 
thereof, and regidate the practice therein, and to fix the time for 
holding the same," ap)proved April 27, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the title of the act entitled 
"An act to establish probate courts in all couiities having a popula- 
tion of one hundred thousand or more, to define the jurisdiction 
thereof, and regulate the practice therein, and to fix the time for 
holding the same," approved April 27, 1877, be amended, so as to 
read as follows : An act to establish probate courts in all counties 
having a population of seventy thousand or more, to define the juris- 
diction thereof, and regulate the practice therein, and to fix the 
time for holding the same. 

§ 2. That section one (1) of said act be amended so as to read 
as follows : 

"Section 1. That there shall be established in each county of 
this state, now created and organized, or which may be hereafter 
created and organized, and which has a population of seventy 
thousand or more, a court of record, to be styled 'The Probate 
Court of (name of) County.' Such court shall have a seal, and may, 
from time to time, as may be necessary, renew or alter the same. 
The expense of such seal, and of renewing and altering the same, 
shall be paid by the county." 

Approved May 21, 1881. 



CRIMINAL COURT OF COOK COUNTY. 



Judges to hold different branches at 
same time. 



Emergency clause. 
In force April 21, ISSl. 



An Act in relation to the criminal court of Cook county. 

Section 1. Beit enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That two or more of the judges' of 
the criminal court of Cook county may each hold a different branch 
of said court at the same time. 

§ 2. Inasmuch as there is now pending in said court more 
causes than can be disposed of promptly by one judge of the court, 
it is hereby declared that an emergency exists therefor ; and there- 
fore this act shall be in force from and after its passage. 

Approved, April 21 1881. 



CRIMINAL CODE. 



73 



CEIMINAL CODE. 



DEADLY WEAPONS. 



REGULATES TRAFFIC AXD PREVENTS SALE TO IVnNORS. 



§ 1. 
§ 2. 



§ 4. 



Forbids possession or sale of shiii'::- 
shots or knuckles— penalty. 

Forbids sale, loan or gift to minors, 
of fire-arms or other deadly weap- 
ons—penalty. 

Provides for registry of sales by 
dealers in deadly weapons— Form 
of register— penalty for failure to 
keep ame. 

Penalty for carrying deadly weap- 
ons or display of same. 



§ 5. Fines itnd penalties- how recovered 
- Increased penalty for second of- 
fense. 

§ 6. Exempts sheriffs, coroners, consta- 
bles, policemen or p.eace officers 
from provisions of thi^ act. 

§ 7. Piepealing clause for acts in con- 
flict. 

In force July 1, 1881. 



An Act to regulate the traffic in deadly iceapons, and to prevent the 
sale of them to minors. 

Section 1. Be it enacted by the People of the State of Illinois, rep)- 
resented in the General Assembly, That whoever shall have in his 
possession, or sell, give or loan, hire or barter, or whoever shall 
offer to sell, give, loan, hire or barter, to any person within this 
state, any slung-shot or metallic knuckles, or other deadly weapon 
of like character, or any person in whose possession such weapons 
shall be found, shall be guilty of a misdemeanor, and upon convic- 
tion shall be fined in any sum not less than ten dollars ($10) nor 
more than two hundred dollars ($200). 

§ 2. Whoever, not being the father, guardian or employer of the 
minor herein named, by himself or agent, shall sell, give, loan, 
hire or barter, or shall offer to sell, give, loan, hire or barter to 
any minor within this state, any pistol, revolver, derringer, bowie 
knife, dirk or other deadly weapon of like character, capable of 
being secreted upon the person, shall be guilty of a misdemeanor, 
and shall be fined in any sum not less than twenty-five dollars 
($25) nor more than two hundred dollars ($200). 

§ 8. All persons dealing in deadly weapons, hereinbefore men- 
tioned, at retail within this state shall keep a register of all such 
weapons sold or given away by them. Such register shall contain 
the date of the sale or gift, the name and age of the person to 
whom the weapon is sold or given, the price of the said weapon, and 
the purpose for which it is purchased or obtained. The said 
register shall be in the following form : 



No. of 
weapon. 



To whom 

sold 
or given. 



Age of 
purchaser. 



Kind and 
description 
of weapon. 



For what pur- Price 

pose purchased of 

or obtained. weapon. 



Said register shall be kept open for the inspection of the public, 
and all persons who may wish to examine the same may do so at 
all reasonable times during business hours. A failure to keep such 
register, or to allow an examination of the same, or to record 



74 CEIMINAL CODE, 



therein any sale or gift of a deadly weapon, or the keeping of a 
false register, shall be a misdemeanor, and shall subject the offender 
to a fine of not less than twenty-five dollars ($25) nor more than 
two hundred dollars ($200). 

§ 4. Whoever shall carry a concealed weapon upon or about his 
person of the character in this act specified, or razor as a weapon, 
or whoever, in a threatening or boisterous manner, shall display or 
flourish any deadly weapon, shall be guilty of a misdemeanor, and 
shall be fined in any sum not less than twenty-five dollars ($25) nor 
more than two hundred dollars ($200). 

§ 5. All fines and penalties specified in this act may be recov- 
ered by information, complaint or indictment, or other appropriate 
remedy, in any court of competent jurisdiction; and, when recovered, 
shall be paid into the county treasury of the county where the con- 
viction is had, and become a part of the current revenue of the 
county; or the said fines and penalties may be recovered by qui 
fain action, one-half to be paid to the informer, and the other half 
to be paid into the county treasury, as aforesaid. 'For a second 
violation of any of the provisions of this act the offender shall be 
fined in double the amount herein specified, or may be committed 
to the county jail for any term not exceeding twenty days, in the 
discretion of the court. 

§ 6. Section four (4) of this act shall not apply to sheriffs, coro- 
ners, constables, policemen or other peace officers, while engaged in 
the discharge of their official duties, or to any person summoned by 
any of such officers to assist in making arrest, or preserving the 
peace, while such person so summoned is engaged in assisting such 
officer. 

§ 7. All acts and parts of acts in conflict with this act are here- 
by repealed. 

Appeoved April 16, 1881. 



PENALTY FOR ADULTERATION OF BUTTER AND CHEESE. 

§ 1. Manufacture of imitations or adul- I § 2. Repealing clause, 
teration of butter and cheese pro- j^ force July 1 1881 

hibited— Penalty. I 

An Act to 'prevent the adulteration of butter and cheese, or the sale or 
disposal of the same, or the mannfactitre or sale of any article as a 
suhstitnte for butter or cheese, or any article to he used as butter 
and cheese. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That whoever manufactures out of 
any oleaginous substances, or any compound of the same other than 
that produced from unadulterated milk, or cream from the same, 



CRIMINAL CODE. 75 



any article designed to take the place of butter or cheese produced 
from pure, unadulterated milk, or cream of the same, and shall sell, 
or offer for sale, the same as butter or cheese, or give to any person 
the same as. an article of food, as butter or cheese, shall, on con- 
viction thereof, be fined not less than twenty-five dollars ($25) nor 
more than two hundred dollars (^200). 

§ 2. All acts or parts of acts inconsistent with this act are hereby 
repealed. 



Approved June 1, 1881. 



ADULTERATION OF ARTICLES OF FOOD, DRINK OR MEDICINE. 



§ 5. Prescribes penalty for violation of 

this act. 
§ 6. Convictions not to be had if persons 

can show a lack of knowledge of 

the law. 
§ 7. State's attorney's charged with the 

execution of law. 



§ 1. Prohibits adulteration of food, and 
forbids sale of. 

§ 2. Prohibits mixing drugs and medi- 
cine. 

§ 3. Requires notice of adulterated arti- 
cles, and stamping of same when 
offered tor sale. 

§ 4. Prohibits adulteration of butter and I § 8. Repeals conflicting acts, 
cheese with oleomargarine, unless 1 Jq force July 1 1881 

stamped. I ' ■ 

An Act to prevent and i^uniah the adulteration of articles of food, 
drink and medicine, and the sale thereof ichen adulterated. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That no person shall mix, color, 
stain or powder, or order or permit any other person in his or her 
employ to mix, color, stain or powder any article of food with any 
ingredient or material, so as to render the article injurious to 
health, or depreciate the value thereof, with intent that the same 
may be sold ; and no person shall sell or offer for sale any such 
article so mixed, colored, stained or powdered. 

§ 2. No person shall, except for the purpose of compounding in 
the necessary preparation of medicine, mix, color, stain or powder, 
or order or permit any other person to mix, color, stain or powder, 
any drug or medicine with any ingredient or material, so as to 
affect injuriously the quality or potency of such drug or medicine, 
with intent to sell the same, or shall sell or offer for sale any such 
drug or medicine so mixed, colored, stained or powdered. 

§ 3. No person shall mix, color, stain or poAvder any article of 
food, drink or medicine, or any article which enters into the com- 
position of food, drink or medicine, with any other ingredient or 
material, whether injurious to health or not, for the purpose of 
gain or profit, or sell, or offer the same for sale, or order or per- 
mit any other person to sell or offer for sale any article so mixed, 
colored, stained or powdered, unless the same be so manufactured, 
used or sold, or offered for sale under its true and appropriate 



76 CKIMINAL CODE. 



name, and notice that the same is mixed or impure is marked, 
printed or stamped upon each package, roll, parcel or vessel con- 
taining the same, so as to be and remain at all times readily visi- 
ble, or unless the person purchasing the same is fully informed by 
the seller of the true name and ingredients (if other than such as 
are known by the common name thereof) of such article of food, 
drink or medicine, at the time of making sale thereof or offering to 
sell the same. 

§ 4. No person shall mix oleomargarine, suine, butterine, beef- 
fat, lard, or any other foreign substance, with any butter or cheese 
intended for human food, without distinctly marking, stamping or 
labeling the article, or the package containing the same, with the 
true and appropriate name of such article, and the percentage in 
which such oleomargarine or suine enters into its composition ; nor 
shall any person sell or offer for sale, or order or permit to be sold 
or offered for sale, any such article of food into the composition of 
which oleomargarine or suine has entered, without at the same time 
informing the buyer of the fact and the proportions in which such 
oleomargarine, suine, or butterine, beef-fat, lard, or any other for- 
eign substance has entered into its composition : Provided, that 
nothing in this act shall be so construed as to prevent the use of 
harmless coloring matter in butter and cheese, or other articles of 
food. 

§ 5. Any person convicted of violating any provision of any of 
the foregoing sections of this act shall, for the first offense, be lined 
not less than twenty-iive dollars ($25), nor more than two hundred 
dollars ($200) ; for the second offense he shall be fined not less than 
one hundred dollars ($100), nor more than two hundred dollars 
($200), or confined in the county jail not less than one month nor 
more than six months, or both, at the discretion of the court ; and 
for the third and all subsequent offenses he shall be fined not less 
than five hundred dollars ($500) nor more than two thousand dol- 
lars ($2,000), and imprisoned in the penitentiary not less than one 
year nor more than five years. 

§ 6. No person shall be convicted under any of the foregoing 
sections of this act, if he shows to the satisfaction of the court or 
jury that he did not know that he was violating any of the provis- 
ions of this act, and that he could not, with reasonable diligence, 
have obtained the knowledge. 

§ 7. The state's attorneys of this state are charged with the en- 
forcement of this act, and it is hereby made their duty to appear 
for the people and to attend to the prosecution of all complaints 
under this act, in their respective counties, in all courts. 

§ 8. All acts and parts of acts inconsistent with the provisions 
of this act are hereby repealed. 

Approved June 1, 1831. ' 



DENTAL SURGERY. 77 



DENTAL SUEGERY. 



§ 1. Qualifleation to practice— Diploma. I § 6. Examination to practice— License. 

§ 2. Board of exp.miners— Appointment— ! § 7. Temporary license. 

lerm. , ,, . i § 8. Penalties for violation of this act. 

§3. Orffanization of board -Meetmg- : ^ ^ Fees- Compensation to board- 

yuoium. _ Surplus-Keportof boardto gov- 

§ 4. Registration of dental practition- i ernor. 



ers. 
§ 5. Prohibited to practice unless regis- i ' clerk 

tered 



Register of license with county 



An Act to insure the better education of practitioners of dental sur- 
gery, and to regulate the j9?Y(cfice of dentistry in the State of Illi- 
nois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That it shall be unlawful for 
any person, who is not at the time of the passage of this act en- 
gaged in the practice of dentistry in this state, to commence such 
practice unless such person shall have received a diploma from the 
faculty of some reputable dental college duly authorized by the laws 
of this state, or of some other of the United States, or by the laws 
of some foreign country, in which college or colleges there was at 
the time of the issue of such diploma, annually delivered a full 
course of lectures and instruction in dental surgery : Provided, that 
any person removing into this state who shall have been for a pe- 
riod of ten years prior to such removal a practicing dentist, and, 
provided, also, that any person holding the diploma of doctor of 
medicine from any reputable medical college, shall be entitled to 
practice dentistry in this state, upon obtaining a license for that 
purpose as hereinafter provided ; and nothing in this act shall be con- 
strued to prohibit any physician or surgeon from extracting teeth. 

§ 2. A board of examiners, to consist of five practicing dentists, 
is hereby created, whose duty it shall be to carry out the purposes 
and enforce the provisions of this act. The members of said board 
shall be appointed by the governor. The term for which the mem- 
bers of said board shall hold their offices shall be five years, except 
that the members of the board first to be appointed under this act 
shall hold their offices for the term of one, two, three, four and five 
years, respectively, and until their successors shall be duly ap- 
pointed. In case of a vacancy occurring in said board, sucli va- 
cancy shall be filled by the governor. 

§ 3. Said board shall choose one of its members president and 
one the secretary thereof, and it shall meet at least once in e.^ch 
year, and as much oftener and at such times and places as it may 
deem necessary. A majority of said board shall at all times con- 
stitute a quorum, and the proceedings thereof shall at all reason- 
able times be open to public inspection. 

§ 4.- It shall be the duty of every person who is engaged in the 
practice of dentistry in this state, within six months from the date 
of the passage of this act, to cause his or her name and residence 
or place of business to be registered with said board of examiners, 



DENTAL SURGERY. 



who shall keep a book for that purpose ; and every person who 
shall so register with said board as a practitioner of dentistry, may 
continue to practice the same as such without incurring any of the 
liabilities or penalties provided in this act. 

§ 5. No person, whose name is not registered on the books of 
said board as a regular practitioner of dentistry, within the time 
prescribed in the preceding section, shall be permitted to practice 
dentistry in this state until such person shall have been duly 
examined by said board and regularly licensed in accordance with 
the provisions of this act. 

§ 6. Any and all persons, who shall so desire, may appear 
before said board at any of its regular meetings and be examined 
with reference to their knowledge and skill in dental surgery, and 
if the examination of any such person or persons shall prove satis- 
factory to said board, the board of examiners shall issue to such 
persons as they shall find from such examination to possess the 
requisite qualifications, a license to practice dentistry in accordance 
with the provisions of this act. But said board shall, at all times, 
issue a license to any regular graduate of any reputable dental col- 
lege wirhout examination, upon the payment by such graduate, to 
the said board, of a fee of one dollar. All licenses issued by said 
board shall be signed by the members thereof, and be attested by 
its president and secretary ; and such license shall be prima facie 
evidence of the right of the holder to practice dentistry in the state 
of Illinois. 

§ 7. Any member of said board may issue a temporary license 
to any applicant, upon the presentation by such applicant of the 
evidence of the necessary qualifications to i3ractice dentistry, and 
such temporary license shall remain in force until the next regular 
meeting of said board occurring after the date of such temporary 
license, and no longer. 

§ 8. Any person who shall violate any of the provisions of this 
act shall be liable to prosecution before any court of competent 
jurisdiction, upon information or by indictment, and upon convic- 
tion may be fined not less than twenty-five dollars nor more than 
fifty dollars for each and every offense. All fines recovered under 
this act shall be paid into the common school fund of the county 
in which such conviction takes place. 

§ 9. In order to provide the means for carrying out and main- 
taining the provisions of this act, the said board of examiners may 
charge each person applying to or appearing before them for exam- 
ination for license to practice dentistry, a fee of two dollars, and 
out of the funds coming into the possession of the board from the 
fees so charged, the members of said board may receive as com- 
pensation the sum of five dollars for each day actually engaged in 
the duties of their office, and all legitimate and necessary expenses 
incurred in attending the meetings of said board. Said expenses 
shall be paid from the fees and penalties received by the board 
under the provisions of this act. And no part of the salary or 
other expenses of the board, shall ever be paid out of the state 
treasury. All moneys received in excess of said per diem allowance 
and other expenses above provided for, shall be held by the secre- 



DRAINAGE. 



79 



tary of said board as a special fund for meeting the expenses of 
said board, by giving such bond as the board shall, from time to 
time, direct. And said board shall make an annual report of its 
proceedings to the governor, by the fifteenth of December of each 
year, together with an account of all moneys received and dis- 
bursed by them pursuant to this act. 

§ 10. Any person who shall be licensed by said board to practice 
dentistry, shall cause his or her license to be registered with the 
county clerk of any county or counties in which such person may 
desire to engage in the practice of dentistry, and the county clerks 
of the several counties in this state shall charge, for registering such 
license, a fee of twenty-five cents for each registration. Any failure, 
neglect or refusal, on the part of any person holding such license, 
to register the same with the county clerk, as above directed, for a 
period of six months, shall work a forfeiture of the license, and no 
license, when once forfeited, shall be restored, except upon the pay- 
ment to the said board of examiners of the sum of twenty-five 
dollars, as a penalty for such neglect, failure or refusal. 

Approved May 30, 1881. 



DEAINAGE. 



CONSTRUCTIO^' OF LEVEES. 



M, 



Petltion—how drawn and fded— juris- 
diction of same— Certified copy to 
be mailed to non-residents— Certi- 
ficate of cleric. 
Hearing of petition as to damages of 
proposed work— Deeds made to de- 
feat this act held to be fraudulent— 
Finding of court as to necessity of 
work—When lands comprising 
proposed district are in dilTerent 
counties, not more than two com- 
missioners to be chosen from any 
one covmty. 
Commissioners not to be confined to 
route or plan of drainage course 
laid down by petition— County 
court to declare district estab- 
lished, upon application of com- 
missioners—Court may change 
name of district- 
Commissioners to publish notice of 
drainage assessment— form of 
notice— Commissioners to give 
notice of installments as they be- 
come due. 



§ 5, Commissioners, or their eoUeetor, to 
make certified list of delinquent 
lands when installments are not 
paid when due— Sale for non-pay- 
ment, and redemption of lands. 

5 (i. Commissioners may use funds for 
compromising suits, under direc- 
tion of court. 

i 7. Commissioners may borrow money 
—Limitation of power- Notes and 
bonds not to run longer than one 
year after falling due of last in- 
stallment—Authority of court to 
make orders. 

§ 8. Abandonment of drain or levee— 
Petition— Court may order discon- 
tinuance of work and diminish 
cost— Abatement of assessments- 
Refunding of assessments in case 
of abolishment of district. 

§ 9. Emergency. 

In force May 19, 1881. 



80 DRAINAGE. 



An Act to amend sections three (5), five {5), tioelve {12), thirty -three 
{S3), thirty-four {34), thirty-seven {37) and thirty-eight {38) of an 
act entitled "An act to j^rovide for the construction, reparation and 
protection of drains, ditches and levees across the lands of others 
for agricidtural, sanitary and mining purposes, and to provide for 
the organization of drainage districts,'" approved and in force May 
29, 1879, and to add to said act an additional section, to he known 
a-i section forty -three ci'id om-hcdf {13\). 

Section 1. Be it enacted by the People of the State of Illinois, 
represented hi the Genercd Assembly, That section three (3) of an act 
entitled "An act to provide for the construction, reparation and 
protection of drains, ditches and levees across the lands of others 
for agricultural, sanitary and mining purposes, and to provide for 
the organization of drainage districts," approved and in force May 
29, 1879, be and the same is hereby so amended as to read as fol- 
lows : 

"Section 3. Such petition being filed, the clerk of said county 
court shall cause three (3) weeks' notice of the presentation and 
filing of such petition to be given, by posting notices thereof in at 
least five (5) of the most public places in said proposed district in 
which said work is to be done, and also by publishing a copy thereof 
at least once a week, for three successive weeks, in some newspaper 
or newspapers published in each county from which any part of 
said district is proposed to be formed. Such notice shall state when 
and in what court said petition was and is filed ; the starting point, 
route, termini, and general description of the proposed route ; the 
boundaries and name of the proposed drainage district, and at what 
term of the said court the petitioners will ask a hearing of such 
petition. If any of the land owners of said district are non-residents 
of the county or counties in which the proposed district will lie, the 
petition shall be accompanied by an affidavit, giving the names and 
places of residence of such non-residents, if known, and if unknown, 
stating that, upon diligent inquiry, their places of residence cannot 
be ascertained : and the clerk shall send a copy of the notice afore- 
said to each of said non-residents whose residence is known, within 
three (;-3) days after the first publication of the same. The certifi- 
cate of the clerk, or the af&davit of any other credible person, affixed 
to a copy of said notice, shall be sufficient evidence of the posting, 
mailing and publication of said notices." 

§ 2. That section five (5) of the act aforesaid, to which this act 
is an amendment, be and the same is hereby so amended as to read 
as follows : 

"Section 5. On the hearing of any petition filed under the pro- 
visions of this chapter, all parties through or upon whose land any 
of the proposed work may be constructed, or whose lands may be 
damaged or benefited thereby, may appear and contest the neces- 
sity or utility of the proposed work, or any part thereof, and the 
contestants and petitioners may offer any competent evidence in 
regard thereto. It shall be the duty of the court to hear and deter- 
mine whether or not the said petition contains the signatures of a 
majority of the owners of lands within said proposed district who 
are of lawful age, and who represent one-third in area of the lands 



DRAINAGE. 81 



proposed to be affected by such work, and the affidavit of any three 
(3) or more of the signers of said petition, that they have examined 
said petition, and are acquainted with the locality of said district, 
and that the said petition is signed by a majority of such owners, 
who are of lawful age, who represent at least one-third in area of 
the lands proposed to be affected by such work, may be taken by 
the court as lyrima facie evidence of the facts therein stated ; or the 
oath or affirmation before said court, or the affidavit of any per- 
son, properly taken and certified by any person or court author- 
ized to take acknowledgments of deed to real estate in this state, 
giving the age of such party, and his or her ownership of lands, to 
be named in such oath, affirmation or affidavit, by proper descrip- 
tion, shall be sufficient evidence to the court of such facts : Pro- 
vided, that all deeds made for the purpose of establishing or defeat- 
ing -the prayer of said petition, not made in good faith and for a 
valuable consideration, shall be taken and held to be in fraud of 
the provisions of this act, and the holders thereof shall not be con- 
sidered as owners thereof. If the court, after hearing any and all 
competent evidence that may be offered before it, for and against 
the said petition, shall find that the same has not been signed by 
a majority of the land owners, as hereinbefore required, the said 
petition shall be dismissed at the cost of the petitioners ; but if the 
court shall find that the petition has been signed by land owners 
constituting such majorities, the court shall so find, and such find- 
ing shall be conclusive upon the land owners of such district that 
they have assented to and accepted the provisions of this act ; and 
if it shall further appear to the court that the proposed drain or 
drains, ditch or ditches, levee or other works, is or are necessary, 
or will be useful for the drainage of the lands proposed to be drained 
thereby, for agricultural, sanitary, or mining purposes, the court 
shall so find, and appoint three (3) competent persons as commis- 
sioners to lay out and construct such proposed work. In case the 
lands to be drained or leveed shall be situated in different counties, 
not more tha,n two (2) of the commissioners shall be chosen from 
any one of such counties. If the court shall find against the peti- 
tioners, the petition shall be dismissed at the cost of the peti- 
tioners." 

§ 3. That section twelve (12) of the act aforesaid, to which this 
act is an amendment, be and the same is hereby so amended as to 
read as follows : 

"Section 12. The commissioners shall not be confined to the point of 
commencetnent, route or termini of the drains or ditches, or the 
number, extent or size of the same, or the location, plan or extent 
of any levee, ditch or other work to that proposed by the petition- 
ers, but shall locate, design, lay out, plan the same, in such man- 
ner as they shall think will drain or protect the petitioners' lands 
with the least damage and greatest benefit to all lands to be af- 
fected thereby ; and any plans proposed by the commissioners may, 
on the application of any person interested, or of the commission- 
ers, be altered by order of the court, in such manner as shall ap- 
pear to the court to be just. If the commissioners find that the 
proposed district, as described in the petition filed, will not embrace 
—6 



82' DRAINAGE. 



all the lands that will be benefited by the proposed works, or that 
it will include lands that will not be benefited, and not necessary 
to be included in said districts for any purpose, they may extend 
or contract the boundaries of the proposed district, so as to include 
or exclude all such lands, as the case may be, and the boundaries 
adopted and reported by said commissioners may at any time be- 
fore the court declares the district established, upon the application 
of the commissioners, or of any person interested, be altered by the 
court, in such manner as shall appear to the court to be just. And 
the court may change the name of a district, or jDroposed district, 
•at the same time and in the same order establishing a drainage 
district the boundaries of which shall have been changed as afore- 
said : Provided, the alteration of boundaries as aforesaid shall not 
have the effect of so far enlarging or contracting the proposed district 
that the petitioners will no longer constitute a majority of the adult 
land owners of the lands therein situated, nor represent less than 
one-third of its area." 

§ 4. That section thirty-three (33) of the act aforesaid, to which 
this act is an amendment, be and the same is hereby so amended 
as to read as follows : 

"Section 33. The commissioners, upon receiving such certified 
copy of such assessment roll, shall immediately cause a notice to 
be published for three (3) weeks, in the manner required in 
section three (3) of the act to which this is an amendment, in sub- 
stance as follows : 

"Notice of drainage a.'<sessme7it.— 'Notice is hereby given to all persons interested, that 

an assessment (or installment of per cent, of the . ssessment, as the case may be,) is 

now due, for drainage purposes for tlie year A.. D. 18 upon lands lying within the 

drainage district, in the county of and state of Illinois, and that tlie same must be 

paid to the undersigned, commissioners of said drainage district, ou or before the 

day of , 18 ; and in default of such payment, the several tracts of land upon which 

said assessment (or installmen ) remains unpaid will be sold, according to law, to pay 
the amount of such assessment (or installment) and costs. 

"Dated this day of , 18 

" , Commissioners." 

"And in case the assessments made are ordered by the county 
court to be paid in installments, said commissioners shall give a 
like notice, as near as may be, of any installment or installments, 
immetliately after such installment or installments become due and 
payable." 

§ 5. And that section thirty-four (34) of the act aforesaid, to 
which this act is an amendment, be and the same is hereby so 
amended as to read as follows : 

"Section 34. If the assessment or any installment or install- 
ments thereof, due upon said lands, shall not be paid on or before 
the day named in the notice given as in section thirty-three (33) 
of this act, it shall be the duty of said commissioners, if they have 
not appointed a collector as aforesaid, and if so, then of said col- 
lector, to make out a certified list of such delinquent lands upon 
which the assessment or any installment remains unpaid, and the 
same shall be by him or them, on or before the tenth day of March 
next after the same have become payable, returned to the county 
collector of the county or counties in which said lands shall lie, and 
when the same shall lie in different counties, a separate return 
shall be made for each county of the delinquent lands therein ; and 



DKAINAGE. '83 



it shall be the duty of the collector to whom any such returns have 
been made, to transfer such returns to the tax books in his hands, 
setting down therein, in proper order, the several tracts or lots so 
returned, and setting opposite to the respective tracts or lots, in 
proper columns prepared for that purpose, the amount of assess- 
ment, installment or installments against each lot or tract, and the 
like proceeding shall be had, and with the like force and effect, in 
the collection of such delinquent assessments or assessment or 
installment unpaid, with interest, and the sale of said land for non- 
payment thereof, as in ordinary collections of state and county 
taxes by county collectors and of sales of real estate by them for 
such non-payment, and of redemption from such sales. Nothing 
in this act contained shall be construed to affect or impair any 
assessment or return of lands delinquent for assessment heretofore 
made under any law of this state." 

§ 6. That section thirty-seven (37), of the act aforesaid, to which 
this act is an amendment, be and the same is hereby so amended 
as to read as follows : 

'■ Section 37. Said commissioners may use money arising from 
the collection of assessments, or coming into their hands as such 
commissioners, for the purpose of compromising suits and contro- 
versies arising under this act, and in the employment of all neces- 
sary agents and attorneys in the prosecution or defense of said 
operations, and for the purpose of constructing or repairing, or aid- 
ing in the construction or reparation of any work, whether inside 
or outside of the district, necessary to the protection of the lands 
within such district : Provided, that the commissioners shall use 
such money under the direction and approval of the court ; and an 
additional or second assessment may be levied on the lands within 
any district, whenever it shall become necessary, for the construc- 
tion of any additional work or the completion of any work already 
commenced, to insure the protection of the lands in said district, 
under the order and direction of the county court, or justice of the 
peace if the original proceedings shall be before a justice of the 
peace, on the petition of a majority of the owners of lands within 
said district who are of lawful age and represent at least one-third 
in area of such lands, or on the petition of the commissioners, and 
with like notice and proceedings, as near as may be, as in cases of 
original assessments of damages and benefits under the act to which 
this is an amendment, and such additional assessments, when made, 
shall have the same force and effect and be collected in the same 
manner as original assessments." 

§ 7. That section thirty-eight (38) of the act aforesaid, to which 
this act is an amendment, be and the same is hereby so amended 
as to read as follows : 

"Section 38. The commissioners may borrow money, not exceeding 
in amount the amount of assessment unpaid at the time of borrow- 
ing, for the construction of any work which they shall be authorized 
to construct, or for the payment of any indebtedness they may have 
lawfully incurred under the provisions of this act, or the act to 
which this is an amendment, and may secure the same by notes 
or bonds, bearing interest at the rate of not exceeding six per cent. 



84 DEAINAGE. 



per annum, and not running beyond one year after the last assess- 
ment on account of which the money is borrowed shall fall due, 
which notes or bonds shall not be held to make the commissioners 
personally liable for money borrowed, but shall constitute a lion 
upon the assessment for the repayjnent of the principal and interest 
thereof, and the county court may, on the petition of the commis- 
sioners, authorize them to refund any lawful indebtedness of the 
district authorized by and created under this act, or the act to 
which this is an amendment, by taking up and canceling all out- 
standing notes and bonds of such district, issued under this act or 
the act to which this act is an amendment, as fast as they become 
due, or before they shall become due, if the holders thereof will 
surrender the same, and to issue, in lieu thereof, new notes or bonds 
of such district, payable on such longer time as the commissioners 
shall think proper, not to exceed in the aggregate the amount of all 
notes and bonds of such district then outstanding, and the unpaid 
accrued interest thereon ; and the court shall have power, on the 
petition of the commissioners, to order that the collection of any 
one or more or all of the installments of the assessments for benefits 
on account of which the money was borrowed, be postponed to such 
time as the court may consider proper and reasonable, when the 
same shall become due and payable ; and such installment or install^ 
ments, so postponed, shall bear interest, until they shall become due, 
at the rat^of eight (8) per cent, per annum, unless otherwise ordered 
by the court, but after they become due, they shall bear interest at 
the rate of eight per cent, per annum, as provided in the act to 
which this act is an amendment : Provided, that such bonds and 
notes shall be made due and payable within one year after the last 
installment of the assessment postponed as aforesaid shall become 
due. The court shall have power to make all needful orders to 
carry into effect the provisions of this act." 

§ 8. That said act to which this act is an amendment be and 
the same is hereby further amended by adding to the said act, to 
which this act is an amendment, another section, to be numbered 
section forty-three and one-half (43 j), as follows : 

"Section 43^. At any time before the contract shall have been 
made for the construction of any drain, ditch, levee or other work 
provided for in the report of the commissioners, or the order of the 
court made in pursuance thereof, which is sought to be abandoned 
as hereinafter provided, upon petition of the majority of the adult 
land owners of the district representing one-third of its area, the 
county court may, if upon due inquiry it shall be satisfied that 
justice towards all the land owners of said district require it, direct 
the commissioners to abandon any drain, ditch, levee or other 
work, or any part thereof, mentioned in such report or order. 
Upon the filing of any such petition, it shall be set down for 
hearing by the court, and notice of the filing of such petition, 
and of the nature of the relief sought by the petitioners, shall 
be given for the length of time and in the manner (so far as ap- 
plicable to the nature of the proceeding) required by section three 
(3) of the act to which this is an amendment. The court may, 
for good cause, after proof of notice as aforesaid, continue' the 



DEAINAGE. 85 



hearing of such application from time to time, and any person or 
persons interested may appear and resist such appHcation ; and 
the court, after full hearing of all material facts pertaining thereto, 
may make such order in the premises as shall appear to the 
court to be just. If the court shall determine that any portion 
of the proposed work shall be abandoned, it shall ascertain to what 
extent the cost of said proposed works will be diminished thereby, 
and if the assessments for benefits shall have been made, such por- 
tion of said assessments shall be abated in such uniform proportion 
as such change of plans shall render unnecessary for the completion of 
such works according to such modified or altered plans ; and if any 
lands shall have been assessed by the commissioners which, on ac- 
count of such change of plans, will be wholly deprived of the benefits 
contemplated in the original plans, the court shall order that the 
entire assessments against such lands be abated. If such order shall 
be made after the assessment shall have been collected, the court 
shall order such proportion of said assessments as may be abated 
to be refunded to the persons who may have paid the same, or their 
lawful representatives, and for non-compliance with such order the 
collector or collectors, and the treasurer of said district, respectively, 
and their sureties, shall be liable upon their respective bonds. And 
the court may make any other or further order in pursuance of the 
objects of this section of this act, as justice to all persons whose in- 
terest may be affected by it may require. And at any time before the 
contract for the construction of the proposed works shall have been 
made, upon presentation to the county court of a petition, signed 
by owners, not less than two-thirds in number, and owning more 
than one-half in area of lands assessed for benefits in the district 
to which the petitioners belong, whose aggregate assessments amount 
to not less than one-half the cost of the proposed works, and aU 
debts and expenses incurred up to the time of filing such petition, 
praying that the whole system of proposed works may be abandoned 
and the district abolished, the court shall enter upon its records an 
order granting the prayer of such petition, upon condition that the 
petitioners pay all costs, and the debts and expenses aforesaid, 
within ten (10) days from the rendition of such order, the amount 
of such costs, debts and expenses to be fixed and determined by 
the court, and made a part of said order. If such petitioners fail 
to comply with such order, it shall be considered, after the expira- 
tion of said ten (10) days, as of no force or effect whatever. If a 
district be abolished under this section, assessments collected shall 
be refunded to the persons who have paid the same, or their repre- 
sentatives. All of the provisions of this act shall apply, so far as 
the same can be applied, to all drainage districts heretofore organ- 
ized under the jurisdiction of justices of the peace, in pursuance of 
the provisions of the act to which this act is an amendment." 

§ 9. Whereas, districts heretofore organized are unable fully to 
reclaim their lands under the present laws, therefore an emergency 
exists, and this act shall take effect and be in force from and after 
its passage. 

Appkoved May 19, 1881. 



86 " DRAINAGE. 



LEGALIZATION OP DRAINAGE DISTRICTS WHERE BOUNDARIES HAVE BEEN 

CHANGED. 

§1. Districts legalized where boundaries I §2. Assessments confirmed in case o 
have been changed. above. 

I In force July 1, 1881. 

An Act to legalize drainage districts organized in jmrsuance of the 
act therein named, and to legcdize the assessment of benefits in such 
districts. 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That in all cases of the organ- 
ization of drainage districts under the provisions of an act entitled 
"An act to provide for the construction, reparation and protection 
of drains, ditches and levees across the lands of others for agricul- 
tural, sanitary and mining purposes, and to provide for the organi- 
zation of drainage districts," approved and in force May 29, 1879, 
whei-p, by order of the court to whom the petition for such organi- 
zation was presented, the boundaries of such districts have been 
changed so as to deviate from the description set forth in said 
petition, such districts shall be held to have been and to be legally 
organized and to be drainage districts, with boundaries as defined 
in said orders, for all purposes -contemplated in said act and the 
act of the Thirty-second (3id) General Assembly amendatory 
thereof. 

§ 2. That in any drainage district organized as aforesaid, wherein 
the jury have assessed the full amount of benefits against each 
tract of land of such district found by them to be liable to assess- 
ment for benefits, instead of assessing against each tract its propor- 
tionate share of the estimated cost of the work, and expenses of 
the proceeding, as provided in section eighteen (18) of said act, so 
much of such assessment as exceeds the estimated cost of the work 
and expenses of the proceeding is hereby remitted, and the said 
assessment is hereby legalized as to the proportion thereof not re- 
mitted as aforesaid, and to that extent shall be deemed and held 
to be a valid assessment to all intents and purposes, and each tract 
of land subject thereto to the extent of its proportion thereof: 
Provided, in any case of appeal from any such assessment now 
pending, the persons prosecuting the same shall not be precluded 
from procuring such reduction of the amount assessed against him 
or her, as they might have procured if such assessment had been 
made upon a correct basis. 

Approved May 24, 1881. 



DEAINAGE. 



87 



DEAINAGE. 



§ 1. 



§ 3 



§ 1 



§ 13 



16, 



§ 33, 



§ 34. 

§ 35. 



Amends certain sections of the act 

of 1-879, as follows: 

Districts, how organized— Peti- 
tion. 

Completion of organization of 
district— Boundaries. 

Eight of way— Damages— Jury- 
notice to owners— Form— Ser- 
vice. 

Trial— Verdict— Transcript of pro- 
ceedings. 

Objections heard— Notice— Non- 
residents. 

Bridges and culverts— Eailroads— 
Notice. 

Sui -districts— Organization. 

Drainage outside of district, con- 
necting lateral drains. 



i 51. Special districts— Petition for or- 
ganizing. 

53. Election of commissioners in 

special districts. 

54. Judges of election— Eligibility— 

Canvass— Term. 

55. Oath— Treasurer— Bond— Term ot 

office— Duties. 
57. Appeals. 

69. Ditches used by others— Compen- 

sation. 

70. Joint ownership. 

71. Saving clause— Sec. 69 repealed. 
. Emergency. 

In force May 24, 1881. 



An Act to amend section three (5), nine (9), twelve {12), thirteen {13), six- 
teen {16), thirty -tJtree {33), thirty- four {34), thirty-five {35), fifty -one 
{51), fifty-three (53) fifty-four {54) fifty-five {55)\md fijty-seven {57), 
and to o'epeal section sixty-nine {69) of an act entitled "An act for the 
organization of drainage districts, and to provide for the construction, 
maintenance and rejKiir of drains and ditches by special assessments on 
the property benefited thereby," approved May 29, 1879. in force Jidy 
1, 1879, and to add three (5) new sections, amendatory of last said act, 
to enable lands to be drained cmd protected from overflow, to be known 
as sections sixty-nine {69), seventy {70) and seventy-one {71). 

Section 1. Be it enacted by the People of the State of Illinois, 
represented' in the General Assembly, That sections three (3), nine (9), 
twelve (12), thirteen (13), sixteen (16), thirty-three (33), thirty-four 
(34), thirty-five (35), fifty-one (51), fifty-three (53), fifty-four (54), fifty- 
five (55) and fifty-seven (./7) of an act entitled "An act for the organiza- 
tion of drainage districts, and to provide for the construction, mainte- 
nance and repair of drains and ditches by special assessments on the 
property benefited thereby," approved May 29, 1879, in force July 
1, 1879, be and the same is hereby amended so as to read as fol- 
lows, and that there be added to said act sections sixty-nine (69), 
seventy (70) and seventy-one (71) : 

"Section 3. The following proceedings shall be taken for the pur- 
pose of organizing a drainage district : A petition shall be presented 
to the town clerk, signed by a majority in number of the adult own- 
ers of lands lying in said proposed district, and they shall be the 
owners in the aggregate of more than toe-third of the lands lying 
in said district, setting forth the boundaries of said district, giving 
the numbers of sections or fractional parts thereof. Said petition 
shall state that the lands lying within the boundaries of said pro- 
posed district require a combined system of drainage or protection 
from wash or overflow ; that the petitioners desire that a drainage 
district may be organized, embracing the lands therein mentioned, 
for the purpose of constructing, repairing or maintaining a drain or 
drains, ditch or ditches, embankment or embankments, grade or grades, 
or all or either, within said district, for agricultural, sanitary or mining 
purposes, by special assessments upon the property benefited thereby. 



88 DKAINAGE. 



Said petition shall be accompanied by a bond to the drainage commis- 
sioners signed by at least two (2) responsible persons, conditioned for the 
payment of all costs occasioned by said proceedings in case said 
district shall not be organized." 

"Section 9. At the time appointed for the adjourned meeting, the 
commissioners shall meet and examine the map and report of the 
engineer, if any engineer shall have been employed, and said com- 
missioners shall have power to change the boundaries of such pro- 
posed district from the boundaries given in the petition, so as to 
take in land not embraced or exclude lands taken into said pro- 
posed district, and shall permit additional signatures to be made 
to the petition by any adult person or persons owning land in, or 
owning land desired to be taken into such proposed district, to the 
end that a majority of the adult owners of land in the district as 
finally to be organized, and who shall be the owners in the aggre- 
gate of more than one-third (^) of such land, shall have signed the 
petition, which facts said commissioners shall find and put such find- 
ing in writing, and the same shall be filed and the clerk shall en- 
ter the same in his record, which finding shall be conclusive. And 
said commissioners may adjourn the meeting provided for in this 
section, not less than five (5) days at a time, and not more than fif- 
teen (15) days in all, for the purpose of making the necessary ex- 
aminations and findings, and the clerk shall give notice of any such 
adjournment ; and if, from their own examination, and said map and 
report, if any there be, it shall appear that the lands included in 
the proposed district will be benefited for agricultural, sanitary or 
mining purposes by the construction of a drain, or a combined sys- 
tem of drainage, they shall so find, unless they shall find, from the 
evidence of witnesses then introduced, that the cost of the proposed 
work will exceed the benefits to be derived therefrom. And should 
they find in favor of the petitioners, or should a two-thirds (f ) major- 
ity of the owners of land owning more than one-half {h) of the lands 
lying in said proposed district still desire the formation of said dis- 
trict, and such desire shall be evidence by a failure to withdraw 
their signatures from the petition, the commissioners shall enter on 
their record an order in writing organizing said drainage district, 
and such district shall thereupon be declared fully organized. Each 
district shall be designated by a number, as drainage district No. 

. . . . , in township, county, and state of Illinois. And 

when the commissioners shall have organized said district, they 
shall cause a map thereof, showing the boundaries thereof, to be 
made, and the same shall be filed with the other papers in the case ; 
and at any time prior to the making of assessments for benefits, 
the commissioners may alter the boundaries of any district 
proposed or organized, or hereafter proposed or organized, 
in the manner and subject to the conditions provided in 
this act and the act to which this is an amendment, and shall 
make orders and findings accordingly ; and this section shall apply 
to drainage districts organized under this law, of which this act is 
an amendment, as far as the same can be made applicable. And 
in case it is proposed to change the boundaries of any district after 
the same is organized, and before the asessments are made in the 
same, it shall be done on the petition of a majority of the number 



DRAINAGE. 89 



of the adult owners of the land, and who own m the aggregate more 
than one-thh'd (^) thereof in the district as finally changed, and 
the signing of any petition referred to in this act shall be taken as 
conclusive against the person so signing that they have accepted 
the provisions of this act and of the act to which this is an amend- 
ment, as to their assessments of benefits and damages thereunder." 
"Section 12. Should the commissioners be unable to procure the 
right of way by agreement with the owner or owners of any lands over 
which the work may be located, they shall file a statement in writ- 
ing with some justice of the peace in the vicinity, requesting him 
to issue a venire for a jury, to assess the damages in such case or 
cases ; and it shall thereupon be the duty of the justice to issue a 
venire for a jury of six (6) disinterested freeholders, to appear at 
his I office at a day and hour therein named, not less than five (5) 
norj more than fifteen (15) days from the filing of such statement 
with the justice, for the purpose of assessing the damages in the 
caa3 or cases mentioned. The justice shall cause a notice a notices 
in u\Titing to be served upon the owner or owners of the lands in 
qujjstion, informing him or them of the time and place when the 
said case or cases will be tried. Said notices may be substantially 
in the following form : 

'iTo A. B.: You are hereby notified that a jury has been called to meet at my office, in 

..J... township county, on the day of A. D. 18 , at o'clock M., for 

thf purpose of assessing damages in tlie matter of the drainage commissioners of 

toj^nship, county, against you; -when and where you can appear and assert your 

ri^.hts in the premises, if you desire. 

1 "C. S , J. P. 

I " Said notice shall be served by a constable, not less than three 
(|l) days nor more than fifteen (15) days before the time fixed for 
tj.ial, in the same manner and with like effect as process in civil 
oases, and his return thereon shall show the manner such service 
^'.ras made, and for such service he shall be allowed the same fees 
k^ for service of process in civil cases : Provided, that where it 
Hhall be made to appear that any of such owners are non-resident, 
/or unknown, notice of such proceeding shall be given by publication 
fin some newspaper published in said county, two (2) successive 
weeks prior to the time of such hearing, which notice shall be sub- 
stantially in the form given above ; and if any such owner shall be 
a minor, such notice shall be served upon him and also upon his 
guardian, if he shall have one who is a resident of this county : 
Provided, fiurther, that in any case where the commissioners certify 
that the damages will probably exceed two hundred dollars ($200), 
the proceedings shall be begun in the county court." 

"Section 13. When the jury shall appear, as provided in the 
foregoing section, the trial shall be conducted as other cases before a 
justice of the peace or county court, as the case may be. Either 
party may have the same number of challenges, and for the same 
causes, as in other cases before justices of the peace or the county 
court, as the case may be, and if notice shall not have been given 
according to law, or for any other good cause, the court may con- 
tinue the case from time to time, till proper notice shall have been 
given, or the case is ready for trial. The jury shall hear the evi- 
dence offered in the case as to the value of the land proposed to 
be taken, and all damages consequent upon the construction of the 
proposed work, and may go upon the premises for the purpose of 



90 DRAINAGE. 



viewing them ; and they shall return as their verdict the amount of 
damages found, if any, in favor of the owner or owners and against 
the commissioners, and the justice of the peace or county judge 
shall enter judgment for the amount of such verdict, which judg- 
ment shall be final and conclusive. Vacancies in the panel of jurors, 
from whatever cause, shall be filled the same as vacancies in other 
cases, but vacancies shall, in all cases, be filled by freeholders, and 
the same jury shall hear and determine all cases for which the 
venire was issued, and shall return separate verdicts as to each 
owner or joint owners; and the justice or judge shall thereupon file, 
in the office of the clerk of the drainage commissioners, a certified 
transcript of the proceedings before him in each case." 

''Section 16. The commissioners shall cause to be personally 
served upon all parties owning land to be affected by the proposed 
work, and residing in the county, a written or printed notice of the 
time when, and place where, they will meet to hear any and all 
objections that may be made to their special assessments for benefits, 
which notice shall be served, in case of residents in the county, not 
less than three (3) days before the time set for hearing, by deliver- 
ing a copy thereof to the party to be served ; and the commission- 
ers shall cause to be sent, by mail, such notice to all owners who 
do not reside in the county, whose land is to be affected, in case 
their postoffice address is known to commissioners, or any of them, 
or can be ascertained by use of reasonable diligence ; and in case 
the land of any non-resident is to be affected, then publication shall 
be made in some newspaper published in said county for three (3) 
successive weeks prior to the time of such hearing, and such meet- 
ing to hear objections may be adjourned from day to day by public 
announcement of the commissioners, made at the meeting, until all 
objections are heard; and all persons duly notified of the first day 
of meeting, as hereinbefore provided in this section, shall take 
cognizance of all such adjournments without further notification." 

"Section 33. The commissioners shall have power and are hereby 
required to make all necessary bridges and culverts in any public 
highway for the protection of ditches made hereunder, which bridges 
and culverts, and the cost of such portion of the drain or ditch 
lying in such highway, shall be paid for out of the road and bridge 
tax. Whenever, in the construction of any drain or ditch, it shall 
be necessary that the same shall be constructed across the right of 
way of any railroad company, such portion of such drain or ditch 
lying on such right of way shall be constructed by such railroad 
company. And should any such railroad company refuse or neglect 
to construct such drain or ditch for a period of thirty (30) days, 
after notice given in writing by the commissioners, then the com- 
missioners shall be authorized to construct such drain or ditch 
across such right of way, and may collect the necessary cost thereof 
by suit against said company, in any court of competent jurisdiction." 

"Section 34. During the progress of the work, or at any subse- 
quent time, the commissioners, when petitioned to create a sub- 
district (within any district organized as aforesaid) for the purpose 
of constructing any drain or drains, grade or grades, embankment 
or embankments, lateral drain or drains, for the further reclamation 



DRAINAGE. 91 



of lands within such sub-district, by special assessment of the pro- 
perty benefited thereby, shall be governed by the provisions of this 
act and the act to which this is an amendment, which are appli- 
cable thereto ; but this section shall not be construed as preventing 
the commissioners from causing to be constructed, from time to 
time, proper ditches and embankments anywhere in the main dis- 
trict, until all the land thereof is properly drained and protected, 
"which they may do by special assessments on all the land in the 
main district benefited by such improvement, which additional im- 
provements they shall always undertake on a petition of a majority 
of the adult owners of land in such district, and shall always be 
governed by the general provisions of this act and the act to which 
this act is an amendment, in respect to damages, right of way, and 
assessments for benefits, and in all other respects wherein the same 
is applicable. And in case of drainage districts organized or peti- 
tioned for, lying adjacent to each other, the commissioners and 
authorities of the respective districts shall have power to adjust, by 
agreement together, any question of right and justice, with respect 
to either district, or any owner of land in either, satisfactory to the 
parties concerned, and not inconsistent with this act or the act to 
which this act is an amendment." 

"Section 35. Nothing in this act shall be construed to forbid or 
prevent the drainage of any lands, the drainage of which would re- 
quire to be conducted to the same outlet through which the waters 
of any ditch constructed under this act shall flow; and the owner 
of such lands shall have the right to construct and maintain all 
such lateral ditches over and across any land intervening between 
such tract to be drained and the main ditch or outlet : But, pro- 
vided, further, that any land lying outside of the drainage district 
as organized, the owner or owners of which shall thereafter make 
connection with the main ditch or drain, or any ditch or drain 
within the district as organized, shall be deemed to have made 
voluntary application to be included in such drainage district, 
and such land shall be included in such drainage district, and 
assessed with its fair proportion of the costs of the ditches or drains 
or other works, to be determined by said commissioners under the 
provisions of this act and the act to which this is an amendment." 

"Section 51. Should the court find against the petitioners, it 
shall enter an order to that effect, and the petition shall thereupon 
be dismissed at the cost of the petitioners. Should the court find 
in favor of the petitioners, it shall enter an order to that effect, 
and it shall thereupon be the duty of the court to appoint three 
drainage commissioners for said district, who shall at once proceed 
to the examination, survey and organization of said district in all 
matters, as provided in sections eight (8) and nine (9) of the act to 
which this is an amendment ; and the clerk shall give notice of the 
time when and place where the commissioners will meet to com- 
plete the organization of such district, which time shall not be 
more than thirty (30) days subsequent to the date of the appoint- 
ment of such commissioners. At the meeting for completing the 
organization of such district, the proceedings shall in all respects, 
so far as the same are applicable and not otherwise provided for 
in this act, conform to the requirements of the act to which this is 



92 DRAINAGE. 



an amendment, as set forth in the matter of the formation of 
districts lying wholly within a township. Upon the filing of the 
order of the commissioners declaring such district organized, the 
clerk shall enter the same of record, and said district shall there- 
upon be deemed fully organized." 

"Section 53. So soon as a special drainage district has been 
organized, it shall be the duty of the county clerk, who shall be the 
clerk of the commissioners thereof, to give notice, by posting written 
or printed notices in at least six (6) iDublic places in said district, 
that on a day therein named, and at an hour not later than two 
(2) o'clock P. M., not less than ten (10) days from the date of 
notice, at a place in said notice designated, an election will be held 
for the purpose of electing three (3) drainage commissioners for said 
district. 

"Section 54. In all elections held for the election of drainage 
commissioners, the drainage commissioners then in office shall be 
the judges of election ; and, in the absence of any of them, the 
electors present may choose a person or persons to fill the vacancy 
or vacancies. The judges shall choose one of their number to act 
as clerk. Every adult owner of land in the district, whether residing 
within or without the district, shall be a voter and eligible to the 
office of drainage commissioner. The election shall close at four (4) 
o'clock P. M., unless the judges of election shall determine that it 
is proper to hold the polls open until six (6) o'clock P. M., to accom- 
modate the voters. The judges of election shall canvass the votes 
at the close of the election, and the three (3) persons, or so many 
persons as there are vacancies to be filled, having the highest number 
of votes shall be declared elected. In case of a tie, the judges shall 
determine by lot who is elected, and they shall also determine by 
lot their respective terms of office, one of whom shall serve for one 
(1) year, one for two (2) years, and one for three (3) years, or such 
parts thereof as may expire upon the election of their successors, 
respectively, at the annual meeting, w4iich shall be held each year 
on the first Saturday of September, when there shall be elected one 
(1) drainage commissioner, to hold his office for three (3) years and 
until his successor is chosen and qualified. In case of a vacancy in 
the office from resignation, death, removal or refusal to serve, the 
commissioners in office shall fill the vacancy, by appointment, until 
his successor shall be chosen at an annual meeting and qualified. 
Within ten (10) days after every election of drainage commissioners, 
the judges of election shall cause the poll book to be delivered to 
the county clerk, with a certificate thereon showing the names of 
those elected drainage commissioners, and the terms of each. The 
poll book shall be filed by the county clerk, and be evidence of such 
election. Each commissioner shall, within ten (10) days after his 
election or appointment, take an oath to faithfully discharge the 
duty of his office as drainage commissioner, which oath shall be 
signed by him and filed in the office of the clerk. 

"Section 55. Said commissioners shall thereupon each take an 
oath to faithfully discharge the duties of his office as drainage com- 
missioner, which oath shall be signed by him and filed in the office 
of the clerk. They shall then appoint some person, who shall be 



DEAINAGE. 93 



an owner of real estate in such district and a resident of the county 
in which the drainage district or a part thereof shall be located, as 
treasurer, who shall give bond to the commissioners in such sum as 
shall be fixed by them, not less than double the amount likely to 
come into his hands in any one (1) year, which bond shall be signed 
by at least two responsible securities, and approved by the commis- 
sioners, and filed in the office of the clerk. He shall hold his office 
for two (2) years, but may be removed by the commissioners at any 
time for cause. He shall have like powers and perform the same 
duties herein provided for other treasurers of drainage districts. He 
shall pay out moneys only on orders signed by the commissioners 
or a majority of them." 

"Section 57. Appeals from the orders of the commissioners of 
special drainage districts confirming special assessments, shall be 
filed with the clerk of the county in which the proceedings originated ; 
and if the county is under township organization, the clerk shall 
summon any three (3) supervisors of the county to hear the appeal. 
If the county is not under township organization, then the board of 
appeal provided for such counties by the act to which this is an 
amendment, shall constitute the board of appeal, and be notified by 
the clerk. The time, manner, trial and effect of the appeal, and the 
decision of the appeal board, shall, except as provided in this act, 
conform, as near as possible, to the provisions relating to appeals 
in township districts in the act to which this is an amendment." 

"Section 69. Whoever has opened or may hereafter open, or shall 
allow to remain open, any drain or ditch into the drain or ditch of 
another, shall be liable to pay to the owner or owners of such 
original drain or ditch a just and reasonable sum for such privi- 
' lege, to be recovered in an action at law in any court of competent 
jurisdiction in this state ; and in determining the amount of dam- 
ages to be recovered, the court shall take into consideration the 
cost of such original drain or ditch, together with the cost of the 
drain or ditch of defendant, and the benefits which accrue to the 
defendant in such action by reason of the opening or connecting of 
his drain or ditch into or with such original drain or ditch, as 
aforesaid, the same as though all of said drains or ditches formed 
a combined system of drainage within a drainage district duly 
organized. 

"Section 70. Two (2) or more owners of any drain or drains, 
ditch or ditches, which have been opened or constructed, or may 
hereafter be opened or constructed, through or upon their respective 
tracts of land, so as to form a continuous outlet for water, may 
jointly maintain an action against any person or persons who shall 
open or allow to remain open any drain or ditch into such original 
drain or drains, ditch or ditches, belonging to such owners as afore- 
said, in the same manner that one (1) person may maintain such 
action, as provided in section two (2) of this act, 

"Section 71. This act shall not be construed to repeal or inter- 
fere with the execution and enforcement of other laws on the subject 
of drainage or levees and drains passed by this general assembly. 
The provisions of this act shall not be construed as afi'ecting any rights 
that have accrued, or any cause of action pending or existing at the 
time of going into effect of this act. And all drainage districts 



94 ELECTIONS. 



organized or partly organized under the act of which this act is an 
amendment, and all persons interested in any such district as 
owners of land therein or adjacent thereto, or as officers thereof, or 
in any way, shall have all the benefits, rights and powers conferred 
by this act, the same as any district hereafter organized or peti- 
tioned for. Section sixty-nine (69) of the act to which this act is 
an amendment is hereby repealed." 

§ 2. Whereas, an emergency exists, by reason of the inadequacy 
of existing laws for drainage purposes, this act shall be in force 
from and after its passage. 

Approved May 24, 1881. 



ELECTIONS. 



COUNTY OFFICERS. 



§ 1. Fixes times of elections for judges, clerks, sheriffs, treasu' ers, surveyors, superin- 
tendents of schools, and state's attorneys. 

In force July 1, 1881. 

An Act to amend sections sixteen (16), seventeen {17), nineteen (19), 
twenty-one (21), ttoenty-two (22) twenty-three (28) and twenty-four 
(24) of an act entitled "An act in regard to elections, and to provide 
for fili'mg vacancies in elective offices,'' approved April 3, 1872, in 
Jorce July 1, 1872. 

Section 1. Be it enacted by the Peop)le of the State of Illinois, repre- 
sented in the General Assembly, That sections sixteen (16), seventeen 
(17), nineteen (19), twenty-one (21), twenty-two (:i2). twenty-three (23) 
and twenty-four (24) of ah act entitled "An act in regard to elections, 
and to provide for filling vacancies in elective offices," approved 
April 3, 1872, in force July 1, 1872, be amended so as to read as 
follows : 

"Section 16. The county judges and county clerks shall be elected 
on Tuesday next after the first Monday of November, 1882, and 
every four years thereafter, and shall enter upon the duties of their 
offices on the first Monday of December after their election. 

"Section 17. The sheriffs shall be elected on Tuesday next after the 
first Monday of November, 1882, and every four years thereafter, and 
shall enter upon the duties of their offices on the first Monday of Decem- 
ber after their election ; and coroners shall be elected on Tuesday next 
after the first Monday of November, 1882, who shall hold their offi"ces 
two years, and on Tuesday next after the first Monday of November, 
1884, and every four years thereafter, there shall be elected a cor- 
oner in each of the counties of this state, and they shall enter upon 
their offices on the first Monday of December after their election." 



ELECTIONS. 



95 



"Section 19. The clerk of the superior court of Cook county shall 
be elected on Tuesday next after the first Monday in November, 
A. D. 1884, and every four years (4) thereafter, and shall enter 
upon his office on the first Monday of December after his election." 

"Section '21. The county treasurers shall be elected on Tuesday 
next after the first Monday of November, 1882, and every four (4) 
years thereafter ; they shall enter upon their offices on the first 
Monday of December after their election. 

"Section 22. A county surveyor shall be elected in and for each 
county on Tuesday next after the first Monday of November, in the 
year 1884, and every four (4) years thereafter, and shall enter upon 
his office on the first Monday in December after his election. 

"Section 23. The county superintendents of schools shall be 
elected on Tuesday next after the first Monday of November, 1882, 
and every four years thereafter ; they shall enter upon their offices 
on the first Monday of December after their election. 

"Section 24. A state's attorney shall be elected in each county 
on Tuesday next after the first Monday of November, 1884, and every 
four years thereafter, and shall enter upon his office on the first 
Monday in December after his election." .. , - 

Appkoved May 10, 1881. 



FEES IN HANDS OF OFFICERS. 



§ 1. Clerk of courts and sheriff required § 4. Fees not called for forfeited to 
to turn over to county treasu er all county, 

fees at expiration of term of offlce. § g. Penalty for refusing to pay over 

§ 2. County treasurer receipi for same, fees. 

and keep register thereof. I^ fo^cg j„iy i iggi. 

§ 3. Clerks shall give certificate to par- 
ties entitled to fees. 

An Act in relation to costs and fees remaining in the hands of clerks 
of courts of record and sheriffs at the expiration of their terms q/ 
office. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the clerk of any court of 
record or sheriff of any county in this state shall, at the expiration 
of his term of office, pay to the treasurer of the county in which 
his court is held all costs and fees collected and remaining in his 
hands, together with a statement of names of persons and amount 
due to each : Provided, however, that nothing in this section shall 
apply to any costs and fees of such clerk or sheriff, and belonging 
to him. 



96 



FORCIBLE ENTRY AND DETAINER. 



§ 2. The county treasurer shall receive said fees and costs, and 
shall keep in a book for that purpose a record of the time of the 
receipt thereof, the amounts paid in, and the names of the persons 
to whom the same are due ; and the treasurer shall pay to the 
persons legally entitled thereto all such costs and fees upon appli- 
cation therefor. He shall cause to be made in said books an entry 
of the time and the person to whom all such costs and fees are 
paid, and shall take and preserve receipt therefor. 

§ 3. It shall be the duty of all clerks of courts of record, upon 
application, to give to any person a certificate showing the amount 
of costs and fees due such person, and the names of the parties to 
any suit or proceeding in which the same are taxed. 

§ 4. In case any such costs and fees shall not be claimed by the 
person entitled thereto within five (5) years from the time the same 
are deposited with the county treasurer, the same shall be returned 
to the party paying the same ; and in case the party so paying 
shall not claim said costs and fees within ten (10) years from the time 
they shall be so deposited with the county treasurer, the same shall be 
deemed forfeited to the county : Provided, however, that if any per- 
son so entitled shall be under legal disability, the time herein 
limited shall not begin until such disability ceases. 

§ 5. Any clerk or sheriff, as aforesaid, who shall refuse or 
neglect to pay over and make statement of the fees enumerated in 
section one (1) of this act, shall be held to be guilty of a misde- 
meanor, and, upon conviction, shall be fined in a sum of twice the 
amount of the fees so retained and not reported, to be recovered in 
any court of competent jurisdiction: Provided, nothing contained 
in this section shall be construed to release such clerk or sheriff, or 
his sureties, from any civil action on his official bond. 

Approved May 28, 1881. 



FOECIBLE ENTEY AND DETAINEE. 



POSSESSION RESTORED — WHEN. 



S 1. 



H 1. 
IT 2. 
U 3. 



Defines how lands and tenements 
may be restored to persons en- 
titled to possession, as follows: 

When forcible entry is made. 

When peaceable entry is made. 

When entry is made into unoccu- 
pied property. 



IT 4. When lessee holds possession. 
IT 5. When vendee holds possession. 
IT 6. When conveyed by grantor, or sold 
under judgment or decree. 

In force July 1, 1881. 



An Act to amend section two (2) of an act entitled "An act in regard 
to forcible entry and detainer," approved and in force February 
16, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section two (2) of an act 



GAENISHMENT. 97 



entitled "An act in regard to forcible entry and detainer," approved 
and in force February 16, 1874, be and the same is hereby amended 
so as to read as follows : 

"Section 2. The person entitled to the possession of lands or 
tenements may be restored thereto in the manner hereafter pro- 
Tided : 

"First — When a forcible entry is made thereon. 

"Second — When a peaceable entry is made, and the possession 
unlawfully withheld. 

"Third — When entry is made into vacant or unoccupied lands or 
"tenements without right or title. 

"Fourth — When any lessee of the lands or tenements, or any per- 
son holding under him, holds possession without right, after the de- 
termination of the lease or tenancy by its own limitation, condition 
or terms, or by notice to quit, or otherwise. 

"Fifth — When a vendee, having obtained possession under a writ- 
ten or verbal agreement to purchase lands or tenements, and having 
failed to comply with his agreement, withholds possession thereof 
after demand in writing by the person entitled to such possession. 

"Sixth — When lands or tenements have been conveyed by any 
grantor in possession, or sold under the judgment or decree of any 
€Ourt in this state, or by virtue of any sale in any mortgage or deed 
of trust contained, and the grantor in possession, or party to such 
judgment or decree ox to such mortgage or deed of trust, after the 
expiration of the time of redemption, wdien redemption is allowed 
by law, refuses or neglects to surrender possession thereof after de- 
mand in writing by the person entitled thereto, or his agent." 

Approved May 18, 1881. . . . 



GAENISHMENT. 



AMENDS ACT IN REGARD TO RETURNS OF WRIT. 

S 1. Amends section 4 of act of 1872— Process: how issued and returned— Fees of offleer 
serving. In force July 1, 1881. 

An Act to amend section four (4) of an act entitled "An act in re- 
gard to garnishment," approved March 9, IS 72, in force July 
1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section four of an act 
entitled "An act in regard to garnishment," be amended so as to 
read as follows : 

"Section 4. If such process is issued by a justice of the peace, it 
shall be made returnable within the same time and served in the 
same manner as other summonses issued by justices of the peace : 
Provided, that in all cases, the person or persons for whose use 
such garnishee summons is issued shall advance through the con- 
—7 



98 GUAEDIANS AND WARDS. 



stable, or other officer serving the same, to the person or persons 
so summoned as garnishee or garnishees, the sum of one dollar for 
each person so summoned, and, in addition, live cents per mile for 
each and every mile of necessary travel to and from the office of 
such justice of the peace, and the constable, or other officer making 
such service, shall show by his return the fact of the payment of 
such fee and mileage, and such fee and mileage shall be taxed as 
other costs in the case : Provided, that in all cases where the per- 
son or persons so summoned shall refuse or fail to appear at the time 
and place specified in such summons, the justice before whom sacli 
process is returnable shall render a judgment against the person or 
persons so summoned, for the amount of fees and traveling expenses 
which have been tendered and received under the provisions of this 
section, in addition to the amount found to be due from the person 
or persons so garnisheed." 

Approved May 31, 1881. 



GUAEDIANS AND WAEDS. 



LEGAL PROCEEDINGS IN BEHALF OF WARDS. 

§ 1. Amends section 18, act 1872, by ; In force July 1, 1881. 

adding proviso, permitting next 
friend to commence suil for 
minor, on entering into bonds for 
costs. 

An Act to amend section eighteen (18) of mi act entitled "An act in 
7'egard to guardians and wards," approved April 10, 1872, in force 
July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section eighteen (18) of 
an act entitled "An act in regard to guardians and wards," 
approved April 10, 1872, in force July 1, 1872, be and the same is 
hereby so amended as to read as follows : 

"Section 18. He shall appear for and represent his ward in all 
legal suits and proceedings, unless another person is appointed for 
that purpose, as guardian or next friend ; but nothing contained in 
this act shall impair or affect the power of any court or justice of 
the peace to appoint a guardian to defend the interest of a minor 
impleaded in such court, or interested in a suit or matter therein 
pending, nor their power to appoint or allow any person as next 
fri«nd for a minor to commence, prosecute or defend any suit in 
his behalf : Provided, that any suit or proceeding may be com- 
menced and prosecuted by any minor by his next friend, without 
any previous authority or appointment by the court, on such next 
friend entering into bond for costs, and filing the same in the court 
in which, or with the justice of the peace before whom, such suit 
or proceeding is instituted." 

Approved April 27, 1881. 



INSUKANCE. 99 



INSUKANCE. 



§ 1. Who may incorporate and for what | § 2. Applies to companies heretofore or - 
purpose. I ganized. 

An Act to amend sectiovs one (1) and tico (2) of "An act to amend 
section (1) of an act entitled 'An act to incorjjorate and to govern 
fire, marine and inland navigation insurance companies doing busi- 
ness in the state of Illinois/ approved March 11, 1869, and to fix 
the liability of certain insurance companies organized under said 
act,'' approved May 31, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That sections one (1) and (i:), of 
an act entitled "An act to amend section one (1) of an act entitled 
'An act to incorporate and to govern fire, marine and inland navi- 
gation insurance companies doing business in the state of Illinois,' 
approved March 11, 1869, and to fix the liability of certain insurance 
companies organized under said act," approved May 31, 1879, be 
amended so as to read as follows : 

"Section 1. That any number of persons, not less than thirteen 
(13), may associate and form an incorporated company for the fol- 
lowing purposes, to-wit : To make insurance on dwelling houses, 
stores, and all kinds of buildings, and upon household furniture and 
other property, against loss or damage by fire, lightning and torna- 
does, or either or any of said causes, and the risks of inland navi- 
gation and transportation. Any and all insurance companies hereafter 
incorporated under the provisions of this act, which shall, in the 
declaration and charter provided to be filed, have expressed an 
intention to make insurance, or shall have power to make insurance 
against loss or damage by the risks of inland navigation or trans- 
portation, shall have power to make insurance upon vessels, boats, 
cargoes, goods, merchandise, freights, and other property, against 
loss and damage by all or any of the risks of lake, river, canal and 
inland navigation and transportation. 

"Section 2. Any company heretofore incorporated under the 
provisions of said act, or the act of which said act was an amend- 
ment, which shall in the declaration and charter, filed in accordance 
with the provisions of said act approved March 11, 1869, or said 
act approved May 31, 1879, have expressed an intention to make 
insurance against loss or damage by fire, or by fire and lightning, is 
hereby authorized to insure against loss by fire, lightning, and tor- 
nadoes, or either or any of said causes ; and in all cases wherein any 
such company has heretofore insured against loss or damage from 
either, any, or all of said causes, such insurance shall be binding on 
such company." 

Approved May 25, 1881. 



100 INSURANCE. 



MANAGEMENT OF FUNDS OF MUTUAL COMPANIES. 

§ 1. Notes deposited with mutual com- In force July 1, 1881. 

panies as security— Directors or 
trustees to determine amount of 
note to be given— Liability of 
persons efCecting insurance. 

An Act to amend section thirteen {13) of "An act to incorporate and 
to govern fire, marine and inland navigation insurance companies 
doing business in the state of Illinois,'' approved March 11, 1869. 
in force Jidy 1, 1869. 

Section 1. Be it enacted, by the People of the State of Illinois, 
represented in the General Assembly, That section thirteen of "An act 
to incorporate and to govern fire, marine and inland navigation in- 
surance companies doing business in the state of IHinois," approved 
March 11, 1869, in force July 1, 1869, be so amended as to read 
as follows : 

"Section 13. All notes deposited with any mutual insurance 
company at the time of its organization, as provided in section six 
(6), shall remain as security for all losses and claims, until the 
accumulation of premium notes and assets, invested as required by 
the eighth (8) section of this act, shall equal the amount of cash 
capital required to be possessed by stock companies organized under 
this act, the liability of each note decreasing porportionately as the- 
profits are accumulated ; but any note which may have been deposi- 
ted with any such mutual insurance company subsequent to its 
organization, in addition to the cash premium, or any insurance 
effected with such company, may, at the expiration of the time of 
such insurance, be relinquished and given up to the maker thereof, 
or his representative, upon his paying his proportion of all losses 
and expenses which may have accrued thereon during such term. 
The directors or trustees of any such company shall have the right 
to determine the amount of the note to be given, in addition to the 
cash premium, by any person insured in such company ; but in no 
case shall the note be more than five times the annual rate charged 
such persons by such companies. And every person effecting insur- 
ance in any mutual company organized under this act, and also 
their heirs, executors, administrators and assigns, continuing to be 
so insured, shall thereby become members of said corporation dur- 
ing the period of insurance, and shall be bound to pay for losses 
and such necessary expenses as aforesaid, accruing m and to said 
company, in proportion to the amount of his deposit note or notes. 
The directors shall, as often as they deem necessary, after receiving 
notice of any loss or damage by fire sustained by any member, and 
ascertaining the same, or after the rendition of any judgment against 
such company for loss or damage, settle and determine the sums to 
be paid by the several members thereof as their respective portion 
of such loss, and publish the same in such manner as they shall 
see fit, or as the by-laws shall have prescribed, and the sum to be 
paid by each member shall always be in proportion to the original 
amount of his deposit note or notes, and shall be paid to the offi- 
cers of the company within thirty (30) days next after the publica- 



INSURANCE. 



101 



tion of said notice. And if any member shall, for the space of 
thirty (30) days after the publication of said notice and service of 
such notice upon such member by mail, directed to him at his post- 
office, addressed as written in or upon his application for insurance, 
neglect or refuse to pay the sum assessed upon him as his propor- 
tion of any loss as aforesaid, in such case the directors may sue 
for and recover the whole amount of his deposit note, or notes, with 
costs of suit, but execution shall only issue for assessments and costs 
as they accrue. If the whole amount of the deposit notes shall be 
insufficient to pay the loss occasioned by any fire or fires, in such 
case the sufferers insured by the said company shall receive towards 
making good their respective losses a proportional share of the whole 
amount of said notes, according to the sums by them respectively 
insured, but no member shall ever be required to pay, for any loss 
occasioned by fire or inland navigation, more than the whole amount 
of his deposit note. 

Approa^d May 31, 1881. " . ' - 



EXTENSION OF TERRITORY OF TOWNSHIP COMPANIES. 



§ 1. Contiguous congressional or polit- § 3. Obligations ol companies not im- 

ical townships may be added— Not paired by additions of territory. 

Sifo^'^-^il.'t.'l^l'' ^° ^^ embraced in § 4, Townships added to have all benefits 

one company. ^f original organization. 

§ 2. Community of freeholders may pe- in force July 1, 1881. 
tition for admission— Secretary to 
notify auditor of petition granted. 

An Act to give contiguous territory the right to become incorporated 
ivith township insurance compcmies. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That it shall be lawful for any 
township insurance company, already organized or hereafter to be 
organized, having less than six political townships in its organiza- 
tion, to accept or receive into its said organization one or more 
adjoining congressional or political townships: Provided, however, 
that such organization shall not, in any event, embrace more than 
six such townships. 

§ 2. Any number of persons, not less than ten, who, collectively, 
shall own property of not less than $15,000 in value, which they 
desire to have insured, residing in any congressional or political 
township which shall not already be in some township insurance 
company, may petition any township insurance company, already 
organized (to which said township may be contiguous), praying to 
have said township added to and embraced in said township insur- 
ance company. Said petition shall be accompanied by the written 



102 



JUSTICES AND CONSTABLES. 



consent of a full majority of the then policyholders in said com- 
pany, owning not less than two-thirds of the insurance represented 
by the policies of said company, consenting to the prayer of said 
petition. Upon the receipt of such petition, accompanied by such 
consent, the board of directors of said company may, by vote, accept 
and receive into said organization such township so petitioning. If 
such township so petitioning shall be so received and accepted by such 
township insurance organization, the secretary of such township in- 
surance company shall at once so notify the auditor of public ac- 
counts, stating the name of the township so added and the date the 
acceptance was so made. 

§ 3. The accepting or receiving of any such township, as afore- 
said, shall in no way impair the obligations of said township insur- 
ance company, or that of the policyholders or members thereof. 

§ 4. From and after the date of such acceptance by such town- 
ship insurance company, said township so received shall, to all 
intents and purposes, be a part and parcel of such township insur- 
ance company, the same as though embraced therein in its original 
organization. 

Approved May 31, 1881. 



JUSTICES AND CONSTABLES. 



AMENDS' CERTAIN SECTIONS OF THE ACT OF 1872. 



I 1 of this act amends the following 
sections: 

§ 1. State divided into districts— Elec- 
tion and term of office— Limits 
number. 

§ 13. Jurisdiction defined. 

§ 15. Non-resident reauired to give 
bond— Fine. 

§ 17. Commencement of suit— Force of 
summons— Service. 

§ 21. Corporations— Service. 

§ 22. Affidavit— Capias— Form. 

§ 23. Plaintiff give bond before capias 
issue— Force-Service. 

§ 30. Change of venue. 

§ 42. Scn^e facias— Form. 

§ 45. Jury trials -Force of writ. 

§ 52. Justice unable to attend suit on 
account of sickness may request 
another justice to attend in his 
stead. 

§ 53. Witnesses— Force of subpoena- 
Service. 



§ 62. Appeals— Force of bond. 

§ 85. Execution against property- 
Force. 

§ 86. Execution against body— Force. 

§ 91. Execution to another county. 

§ 93. Arrest — Commitment— Notice to 
plaintiff. 

§ 95. Transcript — Certified to circuit 
court- Effect. 

§ 99. Trial of right of property, before 
whom. 

§ 105. Failure to turn over money eol- 
1 ected— D amages. 

§ 107. Resignation— Death— Successor- 
Unfinished business. 

§ 112. Constables— Unfinished business. 

§ 122. Record— Contempt— Fine. 

§ 2. Emergency. 

In force May 30, 1881. 



JUSTICES AND CONSTABLES. 103 



An Act to amend sections one (1), thirteen (IS), fifteen {15), seventeen 
{17), tiveiity-one {21), twenty-tico {22), twenty-three {23), twenty- 
seven {27), thirty {30), forty-two {42), forty-five {43), fifty-tivo {52), 
fifty-three {53), sixty-two {62), eighty -five {85), eighty-six {86), 
ninety-one {91), ninety-two {92), ninety-three {93), ninety-five {95), 
ninety-nine {99), one hundred and five {105), one hundred and 
seven {107), one hundred^ and twelve {112), and one hundred and 
twenty-two {122) of an act entitled "An act to jjrovide for the elec- 
tion and qualification of justices of the jDeace and constables, and 
to provide for the jurisdiction and practice of justices of the peace 
in civil cases, and to fix the duties of constables, and to repeal cer- 
tain acts therein named,'' approved Ajwil 1, 1872, in force Jidy 1, 
1872. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That sections one (1), thirteen (13), 
fifteen (15), seventeen (17), twenty-one (21), twenty-two (22), twenty- 
three (23), twenty-seven (27), thirty (30), forty-two (42), forty-five 
(45), fifty-two (52), fifty-three (53), sixty-two (62), eighty-five (85), 
eighty-six (86), ninety-one (91), ninety-two (92), ninety-three (; 3), 
ninety-five (95), ninety-nine (99), one hundred and five (105), one 
hundred and seven (107), one hundred and twelve (112), one hundred 
and twenty- two (122) of an act entitled 'An act to provide for the 
election and qualification of justices of the peace and constables, 
and to provide for the jurisdiction and practice of justices of the 
peace in civil cases, and to fix the duties of constables, and to 
repeal certain acts therein named," approved April 1, 1872, in force 
July 1, 1872, be and the same are hereby amended, so as to here- 
after read as follows : 

"Section 1. The several counties in this state, except the county 
of Cook and all that part of Cook county not included within the 
limits of the city of Chicago, and the city of Chicago, are hereby 
respectively constituted districts, to the limits of which the juris- 
diction of all justices of the peace is hereby limited. Wherever the 
limits of any justice of the peace district are co-extensive with the 
limits of a county, the term 'county' may be used in the place of 
the term 'district' in any bond, writ, process, judgment or other pro- 
ceeding. All that part of Cook county not included Avithin the limits 
of the city of Chicago, shall be styled 'Cook district,' and the city 
of Chicago shall be styled 'Chicago district,' for the purposes of this 
act. On the first Tuesday in April, A. D. one thousand eight 
hundred and eighty-five (1885), and at each quadrennial election for 
town officers thereafter, there shall be elected in each town in the 
aforesaid districts, in counties under township organization (except 
as to justices of the peace in the city of Chicago, in Cook county), 
and on Tuesday next after the first Monday in November, A. D. 
one thousand eight hundred and eighty-one (1881), and on the same 
day quadrennially thereafter, there shall be elected in each election 
precinct in the aforesaid districts, in counties not under township 
organization, two (2) justices of the peace and two (2) constables, 
and one (1) justice of the peace and one (1) constable, for every 
one thousand (1,000) inhabitants exceeding two thousand (2,0(10) 
inhabitants of such town or precinct ; but each fractional township 



104 .JUSTICES AND CONSTABLES. 



in counties under township organization, consolidated with or attached 
to another township, shah be entitled to one (1) justice of the peace 
and one (1) constable : Provided, no more than five (5) justices of 
the peace and five (5) constables shall be elected in any town or 
precinct. Their term of office shall commence on the first Monday 
of December after their election, and continue for four (4) years, or 
until their successors are elected and qualified, except in counties 
under township organization, when the term shall commence on the 
first Monday in May ; but no justice of the peace shall hold the 
office of police magistrate : Prvvided, that there shall be elected in 
each of the towns in which is contained the city of Chicago, or any 
part thereof, one (1) constable, and no more, for each ten thousand 
(10,000) inhabitants of such towns, at the same time and in the 
same manner provided in this section." 

"Section 13. Justices of the peace shall have jurisdiction in their 
respective districts in the following cases, when the amount claimed 
does not exceed two hundred dollars ($200): 

"First — In actions arising on contracts, whether under seal or not, 
express or implied, for the recovery of money only. When the 
action is upon a bond, the amount to be recovered thereon, and not 
the penalty of the bond, shall determine the jurisdiction ; and when 
the payments are to be made by installments, an action may be 
brought for any installment as it shall become due. 

Second— In actions for damages for injury to real property, or for 
taking, detaining or injuring personal property. 

Third — In actions for rent and distress for rent. 

Fourth — In actions against railroad companies and any person or 
company controlling, operating or using any railroad in this state, 
for killing or injuring horses, cattle, sheep, hogs or other stock ; 
for loss of or injury to baggage or freight ; and for injury or dam- 
age to real or personal property, caused by setting fire to the same 
by their engines or otherwise. 

Fifth — In actions of replevin, when the value of the property 
claimed does not exceed two hundred dollars ($200). 

Slxtli — In actions for damages for fraud in the sale, purchase or 
exchange of personal property, and in all cases where the action of 
debt or assumpsit will lie, if the damages claimed do not exceed 
two hundred dollars ($200). This section shall apply to claims 
originally exceeding two hundred dollars ($200), if the same shall 
at the time of rendition of the judgment be reduced by credits or 
deductions to an amount not exceeding two hundred dollars ($200)." 

"Section 15. No person, who is not a resident of this state, shall 
commence any action before a justice of the peace until such non- 
resident shall file with the justice before whom such action may 
be brought, a bond, with sufficient security, for the payment of all 
costs which may be awarded against the plaintiff, should he fail in 
his suit ; which bond shall be in the following form, as near as may 
be, inserting the names of the parties, the district and state : 

"STATE OF ILLINOIS, ( „^ 

District. ( 

A B ) 

YS. > Before Justice of the Peace. 

C D ) 

"I, E F do enter myself security for all costs that may accrue in :he above cause. 

Dated this day of 

"E F " 



JUSTICES AND CONSTABLES. 105 



"Section 17. Every suit before a justice, except as otherwise 
provided, shall be comnienced by summons, which shall be in the 
following form, as nearly as the case will admit, viz : 

"STATE OF ILLINOIS, ( ,„ 
District. f 

"The People of the State of Illinois, to any constahle of said district— Greeting: 
"You are hereby commaaded to summon A B to appear before me at on 

the day of at o'clock .. m., to answer the complaint of C D for a 

failure to pay him a certain demand, not exceeding two hundred dollars ($200), and hereof 

make due return as the law directs. 

"Given under my hand this day of 18... 

John Doe, J. F. 

"In which summons the justice shall specify a certain place, day 
and hour for the trial, not less than five (5) nor more than fifteen 
(15) days from the date of such summons, at which time and place 
the defendant is to appear. Every summons shall be served at 
least three (3) days before the time of trial mentioned therein, by 
reading the same to the defendant." 

"Section 21. An incorporated company may be served by leaving 
a copy of the summons with its president, secretary, superintendent, 
general agent, cashier or principal clerk, if either can be found in 
the district in which the suit is brought ; if neither shall be found 
in the district, then by leaving a copy of the summons with any 
director, clerk, engineer, conductor, station agent, or any agent of 
such company found in the district." 

"Section 22. When any person shall be about to commence a 
suit upon any contract, whether under seal or not, expressed or 
implied, if the plaintiff, or some person on his behalf, shall 
make, subscribe and file with the justice an affidavit, setting forth 
the cause of action and the amount due the plaintiff, and facts 
tending to show that the defendant fraudulently contracted the debt 
or incurred the obligation respecting which the suit is about to be 
brought, or that he has concealed, removed, assigned or disposed of 
any of his property with intent to defraud his creditors, or if the 
action is for a tort, setting forth the principal facts, showing the 
cause of action and the amount the plaintiff expects to be able to 
recover, and in either case, that the benefit of whatever judgment 
may be obtained will be in danger of being lost unless the defend- 
ant is held to bail, and setting forth the reasons of such danger, 
it shall be the duty of the justice, if he shall be satisfied from the 
facts stated in such affidavit either that the defendant fraudulently 
contracted such debt, or incurred such obligation, or has concealed, 
removed, assigned or disposed of any of his property with intent to 
defraud his creditors, or has committed such tort, and that what- 
ever judgment may be obtained will be in danger of being lost 
unless the defendant be held to bail, to issue a cajnas for the arrest 
of such defendant, which may be in the following form : 

"STATE OF ILLINOIS, )„„ 
District. f 

"The People of the State of Illinois, to any constable of said district — Greeting: 

" You are hereby commanded to take the body of and bring him forth- 
with before me, unless special bail be entered; and if such bail be entered, you will then 

command him to appear before me at on the day of , at 

o'clock M., toanswerthe complaint of A B for failure to pay him a certain 

demand, not exceeding two hundred dollars ($200), and hereof make due return as the law 
directs. 

"Given under my hand this day of A. D. 18.. 

"John Doe, J. P." 



106 JUSTICES AND CONSTABLES. 



"Section '23. Before issuing a capias the justice shall take from 
the plaintiff or his agent a bond, with approved security, and file 
the same with the papers in the case, in substance as follows : 

"STATE OF ILLINOIS, I „„ 

DiSTEICT. f^" 

"A B ) 

vs. /-Before Justice of the Peace. 

^C D ) 

"We hereby bind ourselves to pay all damages and costs, if any, which may be wrong- 
fully occasioned by a capias in this case. 

"Dated this day of , A. D 

" [Seal.] 

" [Seal.]" 

" Section 27. In all cases in which the defendant shall give special 
bail under the provisions of this act, and shall not be surrendered 
on or before the return day of the execution against his body, and 
sufficient property is not found to pay the judgment and costs, 
within the same time, it shall be the duty of the justice of the 
peace, upon the application of the plaintiff or his agent, to issue 
a summons against the special bail, substantially in the following 
form, to- wit : 

"STATE OF ILLINOIS, i ,, 
District. f^^- 

"The People of the State of Illinois, to any constable of said district— Greeting : 

"You are hereby commanded to summon to appear before me at , on the 

day of , at o'clock ]M.. to show cause, if any he have, why judgment 

should not be rendered against him, as the special bail of upon a capias issued by 

me against him, in favor of , for the sum of dollars and cents, the amount 

of the judgment rendered against the said , in favor of the said And hereof 

make due return. 

"Given under my hand, this day of 18 

".John Doe, J. P. 

"In which summons the justice shall specify a certain day, place 
and hour for the trial, not less than five (5) nor more than fifteen 
(15) days from the date thereof, at which time and place the de- 
fendant is to appear; which process shall be served and return made 
as in other cases." 

"Section 30. Previous to the commencement of any trial before 
a justice of the peace, the defendant, or his or her agent, may 
make oath that it is the belief of such deponent that the defendant 
cannot have an impartial trial before such justice ; whereupon, it 
shall be the duty of the justice immediately to transmit all the 
papers and documents belonging to the suit to the nearest justice 
of the peace in the same district who is not of kin to either party, 
sick, absent from town, or interested in the event of the suit as 
counsel, or otherwise, who shall proceed as if the suit had been in- 
stituted before him : Provided, that distance, as contemplated in 
this section, shall mean to be by the nearest traveled route." 

"Section 42. The scire facias shall be substantially in the fol- 
lowing form : 

"STATE or ILLINOIS. ) „„ 

DiSTEICT. ! 

"The People of the State of Illinois, to any constable of said district— Greeting: 

"Whereas, A B did, on the day of ,18.. , recover a judgment before the 

undersigned, one of the justices of the peace of, in and for the district aforesaid, against 

C D, impleaded with E F, for the sum of as well as costs of suit: you are therefore 

hereby commanded to summon the said E F to be and appear before the undersigned, at 

his office, , in said district, on the day of 18 , at o'clock M., to 

show cause, if any he have, why he shall not be made a party to said judgment. And 
make due return hereof, as the law directs. 

"Given under my hand, this day of , 18 

J.P." 



JUSTICES AND CONSTABLES. 107 



" Section 45. The writ for summoning jurors may be in the fol- 
lowing form : 

"STATE OF ILLINOIS, I ^, 
District. f^^- 

-The People r>f the State of Illinois, to any constable of said district — Greeting: 

"We command you to s'^mmon lawful men of your district to appear before me, 

at on the day of ,18 , at o'clock M., who are not of kin to , 

plaintiff, or to defendant, to make a jury between said parties in a certain cause 

pending before me. And have you then and there the names o, the jury and this writ. 

"Witness my hand, this day of 18 

"John Doe, J. P." 

"Section 52. When a justice of the peace before whom a suit or 
proceeding is pending is unable, on account of sickness, or other 
cause, to attend at the time and place fixed for the trial, any other 
justice of the peace in his district may, at his request, attend at 
the time and place fixed for the trial, and continue the cause to 
some other day, or, if the parties shall agree, may hear the cause 
instead and in behalf of the justice calling him; and the judgment 
so entered shall have the same force and effect as if rendered by 
the justice before whom the suit or proceeding is pending. 

"Section 53. When either party shall require the attendance of a 
witness, in any suit pending before a justice, it shall be the duty 
of the justice to issue a subpoena in the form, as nearly as the case 
will admit, viz : 



ss. 



"STATE OF ILLINOIS, i 
District, j 

"The Peop le of the Sta te of Illinois to A.... B....: 

"You are hereby commanded to appear before me at on the day 

of , a" o'clock M., then and there to testify the truth in a matter in suit, 

wherein C D is plaintiff and E F defendant; and this you are not to omit, under the pen- 
alty of the law. 

"Given under my hand this day of 18 

"John Doe, .J. P." 

"Which subpcena may be served by a constable or any other per- 
son, by reading the same to the witness ; but no mileage or fees shall 
be allowed to the person other than a constable or other officer 
serving the same." 

"Section 62. Appeals from judgments of justices of the peace to 
the circuit or county court, if such jurisdiction shall be conferred 
upon the county court by law, shall h& granted in all cases, except 
on judgment confessed ; and in the county of Cook appeals may also 
be granted to the superior court of said county : Provided, the party 
praying for an appeal shall, within twenty (20) days from the ren- 
dering of the judgment from which he desires to take an appeal, 
enter into bond, with security, to be approved and conditioned as 
hereinafter provided, in substance as follows : 

Know all men by these presents, that we, A B and C D, are held and firmly bound unto 
E F in the penal sum of (here insert double the amount of judgment and costs) dollars, 
lawful money of the United States, for the payment of which, well and truly to be made, 
we bind ourselves, our heirs and administrators, jointly, severally and firmly by these 
presents. 

Witness our hands and seals this day of , 18 

"The condition of the above obligation is such that, whereas, the said E F did, on the .. 

day of A. D. 18.., be ore , justice of the peace for district, recover a 

judgment against the above bounden A B for the sum of dollars (or for costs, as 

the case may be), from which judgment the said E F has taken an appeal to the 

court of the county of : Now, if the said A B shall prosecute his appeal with effect. 

and pay whatever judgment may be rendered against him by said court, upon the trial of 
said appeal, or by consent, or. in case the appeal is dismissed, will pay the judgment ren- 



108 JUSTICES AND CONSTABLES. 



dered against him by said justice, and all costs occasioned by said appeal (or if the judg- 
ment appealed from is in favor of the appellant, omit the words "the judgment rendered 
against him by said ju tice, and ') then the above obligation to be void; otherwise to re- 
main in full force and effect. 

"A B [SEAL.] 
"C D [SEAL.] 

"Approved by me this day of 18.. 

"John Doe, J. P." 

"Section 85. All executions issued by a justice of the peace, ex- 
cept executions against the body, shall be directed to any constable 
of the proper district, and made returnable to the justice issuing 
the same within seventy (70) days from the date. Such executions 
shall be levied only on personal property, and shall be in the fol- 
lowing form, as nearly as may be, viz : 

"STATE OF ILLINOIS, I „„ 
District ) 

"The People of the State of Illinois, to any constable of said district — Greeting: 

"We command you that of the goods and chattels of A B, in your district, you make the 

sum of dollars and cents judgment, and dollars and cents costs, which 

C D lately recovered before me in a certain plea against the said A B; and hereof make 
return to me within seventy (70) days from this date. 

"Given under my hand this day of 18.. 

"John Doe, J. P." 

"Section 86. Executions against the body shall be directed in 
the same manner and made returnable in the same time, and may 
be substantially in the following form : 

"state of ILLINOIS, U^ 

DiSTKICT. ( 

"The People of the State of Illinois, to any constable of said district — Greeti^ig: 

"We command you that of the goods and chattels of A B, in your district, you make the 

sum of dollars and cents judgment, and dollars and cents costs, 

which C D lately recovered before me against the said A B, and for want of such goods 
and chattels, that you take the body of the said A B and him convey and deliver unto the 

keeper of the jail of the county of who is hereby commanded to receive and 

keep the said A B in safe custody until the said sum and all legal expenses be paid and 
satisfied, or until he is di-charged by due course of law; and hereof make return to me 
within seventy (70) days from this date. 

"Given under my hand this day of , 18 

"John Doe, J. P." 

"Section 91. When it shall appear, by the return of any execu- 
tion issued as aforesaid, that the defendant has not personal prop- 
erty within the district sufficient to satisfy the debt, and it is 
desired by the plaintiff to have execution issued to som.e other dis- 
trict, in which it is alleged that the defendant has personal prop- 
erty, the justice shall issue execution, directed to any constable of 
the district where such property shall be said to be, to which exe- 
cution shall be attached an official certificate of the county clerk of 
the district in which the same shall be issued, setting forth that 
such justice was, at the time of issuing of said execution, a justice 
of the peace in and for said district. 

"Section 92. When an execution shall be issued to another dis- 
trict, as provided in the preceding section, it shall be the duty ofi 
the constable receiving the same to proceed to the collection of the 
same, and make return as in other cases. 

"Section 93. When a debtor shall be arrested by virtue of an 
execution against his body, he shall be conveyed to the county jail 
of the county in which the district of the constable who made the 
arrest is located, and delivered to the jailer, who shall keep him in 
safe custody until he shall satisfy the execution or be discharged 



JUSTICES AND CONSTABLES. 109 



according to law. Immediately upon the arrest of the defendant 
the officer making the same shall give notice thereof to the plaintiff, 
his agent or attorney, if in the district." 

"Section 95. When it shall appear, by the return of an execution 
first issued as aforesaid, that the defendant has not personal prop- 
erty sufficient to satisfy the judgment and costs within the district 
in which judgment was rendered, and it is desired by the plaintiff 
to have the same levied on real property in that or any other dis- 
trict, it shall be lawful for the justice to certify to the clerk of the 
circuit court of the county in which such judgment was rendered, 
a transcript, which shall be filed by said clerk, and the judgment 
shall thenceforward have all the effect of a judgment of the said 
court, and execution shall issue thereon out of that court, as in 
other cases." 

"Section i 9. The trial of the right of property in such cases shall 
be before the justice of the peace who issued such writ, if he reside 
in the district, or if he should be unable to attend to such trial, 
before some other justice of the peace in such district, or before 
some justice of the peace in the district where the levy is made, in 
case the writ was issued from another district." 

"Section 105. Upon the failure of a justice of the peace or con- 
stable to pay over any money by him collected or received, as here- 
in provided, to any person entitled to receive the same, his or her 
agent or attorney, on demand being made, such person may proceed 
against such justice or constable in a summary way, either before 
a court of record having common law jurisdiction, or some justice 
of the peace of the proper district, by motion, upon giving to such 
justice or constable five (5) days' notice of the application, and re- 
cover the amount so neglected or refused to be paid, with twenty 
(20) per cent, damages thereon for such detention, and shall have 
execution therefor, but such proceeding shall not affect the right of 
action on the bond." 

"Section 107. When any justice of the peace shall resign his 
office, or remove from the town or precinct in which he was elected, 
it shall be his duty to deliver over his docket and papers relating 
to the business transacted before him, to the nearest justice of the 
peace of his district, and to return to the office of the county clerk 
all copies of the sta.tutes which he may have received from that 
office ; and in case of the death of any justice of the peace, it shall 
be the duty of the person having possession of said docket, papers 
and statutes, to deliver them over, as aforesaid. Upon the election 
and qualification of the successor of such justice of the peace, the 
docket, papers and statutes of such justice of the peace shall be 
handed over to his successor in office, and which successor in office 
shall proceed to the completion of unfinished business, as though 
the term of office of such justice of the peace who may die, resign 
or remove, had expired." 

Section 112. An constable to whom an execution shall have been 
delivered, and whose term of office shall expire before the expira- 
tion of the time within which the return of such execution is re- 
quired by law, shall be authorized to proceed in all matters relating 
to said execution, and in the same manner to collect the same that 
he might have done had the term of office of such constable not 



110 WRITS OF REPLEVIN. 



have expired ; and the constable and sureties shah be hable for any 
neglect of duty, and for all moneys collected upon such execution, 
in the same manner and to the same extent they would have been 
if the term of office of such constable had not expired ; and any 
process in the hands of a constable, which shall not be completely 
executed when he may die, resign or be removed from office, may 
be completed by any other constable of the district," 

"Section 122. It shall be the duty of every justice, whenever a 
suit shall be commenced before him, to record, in a well bound 
book kept for that purpose, the names of the parties, the amount 
and nature of the debt sued for, the date and description of the 
process issued, and the name of the officer to whom such process 
shall be delivered, and throughout the whole of the proceedings in 
any suit, it shall be his duty, whenever any process shall be issued 
or returned, or any order made, or judgment rendered, to make a 
written memorandum of the same, in the same book, and to file 
and safely keep all papers given him in charge. In all cases where 
a witness shall be duly served with a suopoena, and shall fail to- 
attend at the trial, conformably thereto, and in all cases where a 
person shall be summoned as a juror, to try any cause before a 
justice of the peace, and shall fail to attend at the time and place 
appointed in such summons, the justice shall have power to issue 
an attachment, directed to any constable of the district, command- 
ing him forthwith to bring before such justice the body of such 
juror or witness so failing to attend, as aforesaid, to show cause 
why he should not be fined for such contempt ; and on the appear- 
ance of such juror or witness on such attachment, it shall be law- 
ful for the justice of the peace to fine him in any sum not less 
than one dollar ($1) nor more than ten dollars ($10), or wholly 
discharge him, if satisfactory excuse be made." 

§ 2. Whereas, the business people of parts of this state are 
being harassed and annoyed by the perversion of the present law, 
therefore an emergency exists, and this act shall take effect and 
be in force from and after its passage. 

Approved May 30, 1881. 



WRITS OF REPLEVIN. 

§ 1 Property taken under writs of replevin may be ordered returned if value exceeds- 
jurisdiction of juhtices. In force July 1, 188L 

An Act to enable justices of the peace to order a return of property 
taken under a lorit of replevin, ivhere it apj)ears that the value of 
the property exceeds the jurisdiction of the justice. 

Section 1. Be it enacted, by the People of the State of Illinois, 
represented in the General Assembly, That where any property has 
been taken under a writ of replevin issued by a justice of the 



LIBEARIES. Ill 



peace, and it shall appear on the trial that the property so taken 
exceeds in value the jurisdiction of the justice of the peace, he 
shall have power to order a return of the property so taken to the 
defendant. 



Approved May 28, 1881. 



LIBRAEIES. 



PUBLIC LIBP.ARIES IN CITIES. . • ' ' 

§ 1. Authorizes levy of tax to support I § 2. Emergency clause. 

libraries. I In force March 24, 1881. 

An Act to amend section one (1) of "An act to authorize cities, incor- 
porated towns and toivnships to establish and maintain free public 
libraries and reading rooms," ajjproved and in force March 7, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section 1 of "An act to 
authorize cities, incorporated towns and townships to establish and 
maintain free public libraries and reading rooms," approved and in 
force March 7, 1872, he amended so that the same shall read as 
follows : 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the city council of each 
incorporated city shall have power to establish and maintain a pub- 
lic library and reading room for the use and benefit of the inhabi- 
tants of such city, and may levy a tax of not to exceed one mill on 
the dollar, annually, and in cities of over one hundred thousand 
inhabitants, not to exceed one-fifth of a mill on the dollar, annually, 
on all the taxable property in the city, except for the years A. D. 
1881 and 1882, respectively, in cities of over one hundred thousand 
inhabitants, the said tax may be one-half of a mill on the dollar, 
such tax to be levied and collected in like manner with the general 
taxes of said city, and to be known as the 'library fund;' and the 
said annual library tax in cities of over one hundred thousand in- 
habitants for the years A. D. 1881 and 1882 shall not be included 
in the aggregate amount of taxes as limited by section 1, of article 
8, of "An act for the incorporation of cities and villages," approved 
April 10, 1872 ; but for years other than the years A. D. 1881 and 
18^2, the said library tax shall be included in the said aggregate 
amount of taxes so limited by said section one. 



112 MAERIAGES. 



§ 2. Whereas, it is desirable to enable the city council of Chi- 
cago to make an adequate appropriation in the current tax levy for 
the support of the public library of Chicago, an emergency there- 
fore exists, and this act shall take effect and be in force from and 
after its passage. 

Approved March 24, 1881. 



MAERIAGES. 



CELEBRATION OF. 

§ 1. Amends section 4, act 1874— Who may celebrate. 

An Act to amend section four (4) of an act entitled "An act to revise 
the law in relation to marriages,'" approved Fehruary 27, 1874, in 
force Jidy 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section four (4) of an act 
entitled "An act to revise the law in relation to marriages," 
approved February 27, 1874, in force July 1, 1874, be and the same 
is hereby amended so as to read as follows : 

" Section 4. Marriages may be celebrated, either by a minister 
of the gospel in regular standing in the church or society to which 
he belongs, by a judge of any court of record, by a justice of the 
peace, by any superintendent of any public institution for the edu- 
cation of the deaf and dumb in this state, or. if the parties or 
either of them are members of the religious society known as 
Friends or Quakers, they may be lawfully married by making known 
their intentions to marry to a standing committee of an official 
meeting, at least one (1) week before said marriage is consummated, 
and by appearing in a public meeting or private gathering, before 
official witnesses of said body, with a certificate duly setting forth 
the names and residence of each contracting party, and of the 
parents of each, if living, which said certificate shall be signed by 
the "contracting parties and the official witnesses, and shall be pub- 
licly read by one (1) of the witnessing parties, and afterwards duly 
recorded upon the records of an organized meeting of said society." 

Approved May 30, 1881. '^, 



1. 



MOKTGAGES — MUNICIPAL INDEBTEDNESS. 113 



MOKTGAGES. 



ACKNOWLEDGMENT. 

§ L Amends sections 2 and 3 act 1874— Chattels— Acknowledgment— Form of certificate. 
§ 3. Eecord of acknowledgment— Form. 

An Act to amend sections {2) and three (5) of an act entitled "An act 
to revise the laiv in relation to mortgages of real and personal 
property," approved March 26, 1874, in force Jidy 1, 1874:. 

Section 1. Be it enacted by the People of the State of Illinois,, 
represented in the General Assembly, That sections two (2) and three 
(3) of an act entitled "An act to revise the law in relation to mort- 
gages of real and personal property," in force July 1, 1874, be and 
are hereby so amended as to read as follows, to-wit : 

"Section 2. Such instrument shall be acknowledged before a jus- 
tice of the peace of the town or precinct where the mortgagor resides, 
or, if there be no acting justice of the peace in the town or pre- 
cinct where the mortgagor resides, then such instrument may 
be acknowledged before the county judge of the county in which 
the mortgagor resides ; or, if the mortgagor is not a resident of 
this state at the time of making the acknowledgment, then before 
any officer authorized by law to take acknowledgment of deeds. The 
certificate of acknowledgment may be in the following form : 

This (name of instrument) was acknowledged before me by (name of grantor) (when the 

acknowledgment is made by a resident, insert the words "and entered by me") this 

-•^ay of 18.. 

Witness my Hand and seal. 

(Name of officer.) I seal.] 

"Section 3. If the acknowledgment is by a resident of this state, 
the justice of the peace, or county judge, shall enter in his docket 
a memorandum thereof, substantially as follows : 

"A B (nameof mortgagor) to C D (name of mortgagee;) mortgage of (here insert descrip- 
tion of the property as in the mortgage.) 
Acknowl dged this day of 18.." 

Appkoved May 30, 1881. . ' 



MUNICIPAL INDEBTEDNESS. 



CKEATES SINKING FUNDS. 

§ 1. Municipalities may establish sinking ! §3. Treasurer to invest proceeds of tax- 
fund for registered indebtedness— ation for sinking fund. 

Certificate to auditor. j j^ force July 1, 1881. 

§ 2. Auditor to certify for sinking fund. ' 

An Act to jDrovide a sinking fund for local indebtedness. 
Section 1. Be it enacted by the Peojile of the State of Illinois, repre- 
sented in the General Assembly, That whenever any county, town- 
ship, city, town or school district shall owe any bonded debt not 



114 MUNICIPAL INDEBTEDNESS. 



due, which is registered in the office of the auditor of this state, 
the board of supervisors, or board of county commissioners, town 
auditors, city council, town trustees, or school directors of such 
county, township, city, town or school district, as the case may be, 
may, by resolution spread upon their records, and certified to the 
auditor, request said auditor to create a sinking fund to meet any 
such debt, or any installment thereof, by the time the same shall 
become , due and payable. Said resolution shall specify the prin- 
cipal amount to be so provided for, the time when the same shall 
become due and the amount they desire raised annually to meet 
the same. 

§ 2. Upon the receipt of such resolution, the auditor shall file 
in his office the same, and thereafter it shall be his duty, in certi- 
fying the amount of taxes to be raised within said district, to fix 
and certify a rate, to be denominated "sinking fund tax," sufficient 
to produce the amount apanually required in said resolution, and the 
same shall be levied, extended and collected, and paid into the 
state treasury the same as other state taxes. 

§ 3. The state treasurer shall receive said taxes so collected, and 
shall invest the same in U. S. government bonds, or in the bonds 
of the county, township, city, village or school district to which 
such fund belongs, and for which it is created, at the lowest price 
for which such bonds can be purchased, not, however, to exceed 
the par value and accrued interest ; and such county commissioners, 
supervisors, town auditors, city council, town or village trustees, ov 
school directors, shall have the right to determine the kind of bonds 
they will authorize to be purchased and to fix the maximum price 
that may be paid for the same, and in case of the purchase of 
government bonds, then the treasurer shall receive the interest as 
it accrues on said bonds and reinvest it in the same kind of securi- 
ties, and in case of the purchase of the bonds for which the sink- 
ing fund is raised, then such purchased bonds shall be returned to 
the county, township, city, village or school district and be canceled 
or destroyed by the proper authorities. 

Appkoved May 28, 1881. 



NEGOTIABLE INSTRUMENTS — PARKS, 115 



NEGOTIABLE INSTKUMENTS. 



LEGAL HOLIDAYS, 
§ 1. What constitutes legal holidays.— Maturity of negotiable paper. In force July 1, 1881. 

An Act to amend section seventeen {17) chapter ninety-eight (98) of 
the Revised Statutes, being "An act to revise the law in relation to 
2)romissory notes, bonds, due bills, and other instruments in tvriting,'' 
approved March 18, 1871, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section seventeen (17) of 
chapter ninety-eight (98) of the Ee vised Statutes, being "An act to 
revise the law in relation to promissory notes, bonds, due bills and 
other instruments in writing," be and the same is hereby amended 
so as to read as follows : 

"Section 17. The following days, to-wit : the first day of Jan- 
uary, commonly called New Year's day; the twenty-second day of 
February ; the thirtieth day of May ; the fourth day of July ; the 
twenty-fifth day of December, commonly called Christmas day, and 
any day appointed or recommended by the governor of this state, or 
by the president of the United States, as a day of fast or thanks- 
giving, are hereby declared to be legal holidays, and shall, for all 
purposes whatsoever, as regards the presenting for payment or ac- 
ceptance, the maturity and protesting, and giving notice of the dis- 
honor of bills of exchange, bank checks and promissory notes, or 
other negotiable or commercial paper or instruments, be treated and 
considered as is the first day of the week, commonly called Sunday. 
When any of such holidays fall upon Sunday, the Monday next 
following shall be held and considered such holiday. All notes, 
bills, drafts, checks or other evidence of indebtedness, falling due or 
maturing on either of said days, shall be deemed as due or matur- 
ing on the day previous, and when two (2) or more of these days 
come together, or immediately succeeding each other, then such 
instruments, paper or indebtedness shall be deemed as due or having 
matured on the day previous to the first of such days." 

Approved May 30, 1881. 



PAEKS. 



governor to appoint commissioners. 

§ 1. Not la^vful for circuit judges to ap- I § 3. Vacancies— Remaining members to 

point commissioners. notify governor, 

f 2. Governor to appoint. I In force July 1, 1881. 



116 , PAKKS. 



An Act to prohibit the appointment of Park Commissioners by judges 
of the circuit court, and to provide for their a])pointment by the 
Governor oj the State. 

Section 1. Be it enacted, by the People of the State of Illinois^ 
represented in the Genercd Assembly, That hereafter it shall not be 
lawful for any judge or judges of any circuit court in this state to 
appoint any park commissioner, or fill any vacancy in any such 
office of park commissioner. 

§ 2. The governor of the state of Illinois shall appoint all park 
commissioners hereafter to be appointed under and by virtue of any 
act or acts providing for the location and maintenance of any pub- 
lic park or parks (not under the control of any city, village or other 
municipal corporation,) and shall fill all vacancies which may here- 
after occur in any such office of park commissioner or board of 
park commissioners by like appointment, anything in any such act 
or acts to the contrary notwithstanding. 

§ 3. Whenever any vacancy or vacancies shall occur in any such 
board of park commissioners, it shall be the duty of the remaining 
member or members of such board to certify the fact of such va- 
cancy or vacancies to the governor of the state of Illinois. 

Appeoved May 30, 1881. 



AUTHORIZES PARK COMMISSIONERS TO RECEIVE BEQUESTS OF REAL ESTATE 
OR PERSONAL PROPERTY AND AUTHORIZES IMPROVEMENT OF SAME. 

§ 1. Amends act by adding proviso to section 1 of act of 1879, authorizing improvement 
of bequests of property for driveways. In force July 1, 1881. 

An Act to amend section {1) of an act entitled ''An act to authorize park 
commissioners to take by grant, devise, bequest or conveyance, 
projjerty for park, driveivay and, other purposes thereivith connected,^'' 
approved and in force May 31, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section one (1) of an act 
entitled "An act to authorize park commissioners to take by grant, 
devise, bequest or conveyance, property for park, driveway and 
other purposes therewith connected," approved and in force May 
31, 18/9, be and the same is hereby amended so as to read as 
follows : 

"Section 1. That in all cases where the commissioners of any 
park have been named in the act establishing the same, and their 
successors have since been appointed by the governor of this state, 
real and personal property may be granted, bequeathed, devised or 
conveyed to such commissioners for the purposes of the establish- 
ment of any driveway, connected or proposed to be connected either 



PARKS. 117 



directly or by means of a public highway or street, with such park, 
or for the extension, improvement or ornamentation of such park 
or driveway, or for the establishment and maintenance, within the 
limits of such park, of museums, zoological, botanical, or other 
gardens of like nature, collections of natural history, observatories 
or works of art, upon such trusts and subject to such conditions 
a,s may be prescribed by the grantors or donors thereof, and agreed 
to by the said board of park commissioners ; and all property so 
devised, granted, bequeathed or conveyed, and the rents, issues, 
profits and income thereof, shall be subject to the exclusive man- 
agement, direction and control of the commissioners of the park ; 
and when any real property shall be so acquired, it shall form a 
part of such park, and be managed and governed as a part 
thereof : Provided, that in all cases where any real property is so 
•devised, granted or conveyed to such, park commissioners for a 
driveway, such park commissioners are hereby authorized to pay 
for the improvement thereof, and for that purpose such board of 
commissioners may make application to the board of trustees of 
the town, or towns, in which it is proposed to make such improve- 
ment, if there be a board of trustees, and to the supervisor and 
assessor in case there is no such board (the said board of trustees 
and supervisor and assessor being hereby declared corporate authori- 
ties for the purpose of this section), for leave to make such im- 
provement, describing, in detail, the location and character thereof, 
by a special assessment on the property benefited thereby, and if 
the board of trustees, or supervisor and assessor, as the case may 
be, shall approve of the proposed improvement, authority in writ- 
ing shall be given therefor, in accordance with the ninth article of 
an act entitled 'An act to provide for the incorporation of cities 
and villages,' approved April 10, 18 7"2, and the said commissioners 
shall, in behalf of such town or towns, cause the proceedings to be 
commenced and prosecuted in accordance with the provisions of 
that article. Proceedings for the making and collection of such 
special assessment shall be commenced and prosecuted in accord- 
ance with the provisions of said article." . • . ^. . 

Approved April 29, 1881. , 



COMPLETION AND MANAGEMENT. 

§ 1. Amend section 20, act 1874— Driveways— Eight of way. 

An Act to amend section tiventy {20) of an act in regard to the com- 
Ijletion of public parks and the management thereof,'' approved 
June 16, 1871, as amended by an act approved and in force Feb- 
ruary 18, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section twenty (20) of an 



118 PARKS. 

act entitled "An act in regard to the completion of public parks 
and the management thereof," approved June 16, 1871, as amend- 
ed by an act approved and in force February 18, 1874, be further 
amended so as to read as follows, to-wit : 

"Section 20. If the commissioners of any such park shall wish 
to establish, open and construct any driveway from the park, they 
shall make application to the board of trustees of the town in which 
it is proposed to make the same, if their be a board of trustees, 
and to the supervisor and assessor in case there is no such board 
(the said board of trustees and supervisor and assessor being here- 
by declared corporate authorities for the purpose of this section), 
for leave to establish, open and construct such driveway, describing 
the proposed location in detail, and if the board of trustees, or 
supervisor and assessor as the case may be, shall approve of the 
proposed improvement, authority in writing shall be given for the 
establishing, opening and construction of the same, in accordance 
with the ninth article of an act entitled "An act to provide for the 
incorporation of cities and villages," approved April 10, 1872; and 
the commissioners shall, in behalf of such town, cause the proceed- 
ings to be commenced and prosecuted in accordance with the pro- 
visions of that article. When any such driveway shall be established, 
it shall form a part of said park and be managed and governed as 
a part thereof. When any driveway has been heretofore or shall be 
hereafter constructed and opened as aforesaid, it shall be lawful to 
extend the same in the manner aforesaid. If the commissioners of 
any such park shall think it proper to use any public street or road, 
or part thereof, for such driveway, or ]3art thereof, it shall be law- 
ful to take and use such street or part thereof, in the discretion of 
the commissioners, provided the consent of the owners of a majority 
of the lineal front feet abutting on such street or road or part 
thereof, proposed to be used by the commissioners, be first obtained 
in writing, and also the consent of the city council in case the street 
is within a city, of the trustees in case it is within an incorporated 
village or town, or of the commissioner of highways in case the 
street or road is within a township, and the territory is not em- 
braced within an incorporated city, village or town. When the 
commissioners shall determine to use any street or road or part 
thereof, and the consent of the authorities having control thereof 
shall be given as aforesaid, it shall form a part of said park and 
may be improved, managed and governed as a part thereof." 

Appeoved May 28, 1881. 



PENAL INSTITUTIONS — PHARMACY. 



119 



PENAL INSTITUTIONS. 



PENITENTIARY AUTHORITIES GIVEN POLICE POWER ON GROUNDS OWNED BY 

STATE. 

§ 1. Prison authorities, guards and keepers clothed Tvith police power— May arrest dis- 
turbers of peace, with or without warrant, on penitentiary groiinds. 
In force July 1, 1881. 

An Act to give to the authorities of penitentiaries in the State of Illi- 
nois police poiccrs on grounds owned or leased by the state in con- 
nection with said j)enitentiaries. 

Section 1. Be it enacted hy the People of the State of Illinois, rep 
resented hy [in] the General Assembly, That the wardens and their assist- 
ants, the guards and keepers of the penitentiaries of the state of 
ininois, shah be conservators of the peace ; and all officers created 
conservators of the peace by this act shall have power to arrest or 
cause to be arrested, with or without process, upon any grounds 
owned or leased by the state of Illinois, and used by either of said 
penitentiaries, all persons who shall break the peace or be found 
upon said grounds violating any criminal law of this state, and take 
such persons before a magistrate for trial. , 

Approved May 30, 1881. 



PHAEMACY. 



BOARD OF PHARMACY. 



§ 1. Forbids compounding or sale of 
drugs, medicines or poisons, ex- 
cept by registered pharmacists. 

§ 2. Who shall register. 

§ 3. Wlio shall be graduates in phar- 
macy. 

§ 4. Who shall be licentiates in phar- 
macy. 

§ 5. Board of pharmacy— Governor to 
appoint— Illinois Pharmaceutical 
Association to nominate candi- 
dates for appointment as mem- 
bers. 

§ 6. Organization of board— Duties of 
members and officers- Examina- 
tion of applicants for registry— 
Meetings— Quorum. 

§ 7. Requirements of persons claiming 
registry. 

§ 8. "Assistant pharmacists" to be regis- 
tered—Fees. 

§ 9. Certificates for pharmacists, and 
fees for same. 



§ 10. Annualfees— Certificates to be open 
for public inspection. 

§ 11. Duties of secretary of board, and 
salary— To be treasurer of the 
board— Bond— Disposition of funds 

§ 12. Requires compliance Avith the pro- 
visions of this act within sixty 
days— Penalty for failure to com- 
ply—Exemptions. 

§ 13. Forbids adulteration of drugs- 
penalty for same — Board of phar- 
macy may appoint analyst— Board 
to prosecute violations of provi- 
sions of this act. 

§ 14. All poisons to be labeled— Not to be 
sold to any persons under 15 years 
of age. 

§ 15. Prosecution of suits— Duty of state's 
attorneys— Disposition of penal- 
ties collected. 
In force July 1, 1881. 



120 PHARMACY. 



An Act to regulate the practice of pharmacy in the State of Illinois. 

Section 1. Be it enacted hij the People 0/ the State of Illinois, rep- 
resented in the General Assembly, That it shall not be lawful for any 
person, other than a registered pharmacist, to retail, compound or 
dispense drugs, medicines or poisons, or to open or conduct any 
pharmacy or store for retailing, compounding or dispensing drugs, 
medicines or poisons, unless such person shall be, or shall employ 
and place in charge of said pharmacy or store, a registered phar- 
macist, within the meaning of this act, except as hereinafter pro- 
vided. 

§ 2. Any person, in order to be registered within the meaning of 
this act, must be either a graduate in pharmacy, a graduate in medi- 
cine, or shall, at the time this act takes effect, be engaged in the 
business of a dispensing pharmacist on his own account, in the state 
of Illinois, in the preparation of physicians' prescriptions and in the 
vending and compounding of drugs, medicines and poisons, or shall 
be a licentiate in pharmacy. 

§ 3. Graduates in pharmacy must be such persons as have had 
four years' practical experience in drug stores where the prescrip- 
tions of medical practitioners are compounded, and have obtained 
a satisfactory diploma or credentials of their attainments from a 
regularly incorporated college or school of pharmacy. 

§ 4. Licentiates in pharmacy must be such persons as have had 
two years' practical experience in drug stores where the prescrip- 
tions of medical practitioners are compounded, and have passed a 
satisfactory examination before the state board of pharmacy, here- 
inafter mentioned. The said board may grant certificates of regis- 
tration, without further examination, to the licentiates of such other 
boards of pharmacy as it may deem proper. 

§ 5. The governor, with the advice and consent of the senate, 
shall appoint five persons from among such competent pharmacists 
in the state as have had ten years practical experience in the dis- 
pensing of physicians' prescriptions, who shall constitute the board 
of pharmacy. The persons so appointed shall hold their offices for 
five years : Provided, that the term of office of the five first ap- 
pointed shall be so arranged that the term of one shall expire on 
the thirtieth day of December of each year ; and the vacancies so 
created, as well as all vacancies otherwise occurring, shall be filled 
by the governor, with the advice and consent of the senate: And, 
provided, also, that appointments made when the senate is not in 
session, may be confirmed at its next ensuing session. The Illinois 
Pharmaceutical Association shall annually report directly to the 
governor, recommending the first year the names of at least ten persons, 
whom said association shall deem best qualified to serve as members of 
the board of pharmacy, and the names of at least three persons each 
year thereafter, to fill any vacancies which shall occur in said board. 

§ 6. The said board shall, within thirty days after its appoint- 
ment, meet and organize by the election of a piesident and secre- 
tary from its own members, who shall be elected for the term of 
one year, and shall perform the duties prescribed by the board. It 
shall be the duty of the board to examine all applications for 
registration submitted in proper form ; to grant certificates of regis- 



PHARMACY. 121 



tration to such persons as may be entitled to the same under the 
provisions of this act ; to cause the prosecution of all persons 
violating its provisions ; to report annually to the governor and to 
the Illinois Pharmaceutical Association upon the condition of phar- 
macy in the state, which said report shall also furnish a record of 
the proceedings of the said board for the year, and also the names 
of all pharmacists duly registered under this act. The board shall 
hold meetings for the examination of applicants for registration, 
and the transaction of such other business as shall pertain to its 
duties, at least once in three months : Provided, that said board 
shall hold meetings once in every year in the city of Chicago and 
in the city of Springfield, and it shall give thirty days' public 
notice of the time and place of such meetings ; shall have power to 
make by-laws for the proper fulfillment of its duties under this act, 
and shall keep a book of registration, in which shall be entered the 
names and places of business of all persons registered under this 
act, which book shall also specify such facts as said persons shall 
claim to justify their registration. Three members of said board 
shall constitute a quorum. 

§ 7. Every person claiming the right of registration under this 
act who shall, within three months after this act shall take effect, 
forward to the board of pharmacy satisfactory proof, supported by 
his aflidavit, that he was engaged in the business of a dispensing 
pharmacist on his own account in this state at the time this act 
takes effect, as provided in section two, shall, upon the payment of 
the fee hereinafter mentioned, be granted a certificate of registra- 
tion : Provided, that in case of failure or neglect to register as 
herein provided, then such person shall, in order to be registered, 
comply with the requirements provided for registration as a graduate 
in j)harmacy or a licentiate in pharmacy within the meaning of 
this act. 

§ 8. Any assistant or clerk in pharmacy, who shall not have 
the qualification of a registered pharmacist within the meaning of 
this act, not less than eighteen years of age, w^ho, at the time this 
act takes effect, shall have been employed or engaged two years or 
more in drug stores where the prescriptions of medical practitioners 
are compounded, and shall furnish satisfactory evidence to that 
effect to the state board of pharmacy, shall, upon making applica- 
tion for registration, and upon the payment to the secretary of the 
said board of a fee of one dollar, within sixty days after this act 
takes effect, be entitled to a certificate as a ''registered assistant," 
which said certificate shall entitle him to continue in such duties as 
clerk or assistant ; but such certificate shall not entitle him to 
engage in business on his own account unless he shall have had at 
least five years' experience in pharmacy at the time of the passage 
of this act. Annually thereafter, during the time he shall continue 
in such duties, he shall pay to the said secretary a sum not exceed- 
ing fifty cents, for which he shall receive a renewal of his certificats. 

§ 9. Every person applying for registration as a registered phar- 
macist, under section seven of this act, shall, before a certificate is 
granted, pay to the secretary of the board the sum of two dollars, 
and a like sum shall be paid to said secj'etary by graduates in 



122 PHARMACY. 



pharmacy, [by] graduates of medicine, and by licentiates of other 
boards wiio shall apply for registration ; and by every applicant for 
registration by examination shall be paid the sum of five dollars : 
Provided, that in case of the failure of any applicant to pass a sat- 
isfactory examination, his money shall be refunded. 

§ 10. Every registered pharmacist who desires to continue the 
practice of his profession, shall annually thereafter, during the time 
he shall continue in such practice, on such date as the board of 
pharmacy may determine, pay to the secretary of the said board a regis- 
tration fee, to be fixed by the board, but which shall in no case exceed 
two dollars, for which he shall receive a renewal of said registra- 
tion. Every certificate of registration granted under this act shall 
be conspicuously exposed in the pharmacy to which it applies. 

§ 11. The secretary of the board shall receive a salary, which 
shall be fixed by the board ; he shall also receive his traveling and 
other expenses incurred in the performance of his official duties. 
The other members of the board shall receive the sum of five dol- 
lars for each day actually engaged in this service, and all legitimate 
and necessary expenses incurred in attending the meetings of said 
board. Said expenses shall be paid from the fees and penalties 
received by the board, under the provisions of this act, and no part 
of the salary or other expenses of the board shall be paid out of 
the state treasuary. All moneys received in excess of said per 
diem allowance and other expenses above provided for, shall be 
held by the secretary as a special fund for meeting the expenses of 
said board, he giving such bonds as the board shall from time to 
time direct. The board shall, in its annual report to the governor 
and to the Illinois Pharmaceutical Association, render an account 
of all moneys received and disbursed by them pursuant to this act. 

§ 12. Any person not being, or having in his employ a registered 
pharmacist, within the meaning of this act, who shall, sixty days 
after this act takes effect, keep a pharmacy, or store for retailing 
or compounding medicines, or who shall take, use or exhibit the 
title of a registered pharmacist, shall, for each and every such of- 
fense, be liable to a penalty of fifty dollars. Any registered phar- 
macist who shall permit the compounding and dispensing of pre- 
scriptions, or the vending of drugs, medicines or poisons in his 
store or place of business, except under the supervision of a regis- 
tered pharmacist, or except by a "registered assistant" pharmacist, 
or any pharmacist or "registered assistant" who, while continuing 
in business, shall fail or neglect to procure his annual registration, 
or any person who shall wilfully make any false representation to 
procure registration for himself or any other person, shall, for every 
such offense, be liable to a penalty of fifty dollars : Provided, that 
nothing in this act shall apply to nor in any manner interfere with 
the business of any physician, or prevent him from supplying to 
his patients such articles as may seem to him proper, nor with the 
making or vending of patent or proprietary medicines, or medicines 
placed in sealed packages, with the name of the contents and of 
the pharmacist or physician by whom prepared or compounded, nor 
with the sale of the usual domestic remedies by retail dealers, nor 
with the exclusively wholesale business of any dealers except as 
hereinafter provided : A7id provided, further, that no part of this 



PHAKMACY. 123 



section shall be so construed as to give the right to any physician 
to furnish any intoxicating liquor as a beverage, on prescription or 
otherwise. 

§ 13. No person shall add to or remove from any drug, medicine, 
chemical or pharmaceutical preparation, any ingredient or material 
for the purpose of adulteration or substitution, or which shall de- 
teriorate the quality, commercial value or medicinal effect, or which 
shall alter the nature or composition of such drug, medicine, chem- 
ical or pharmaceutical preparation, so that it will not correspond to 
.the recognized tests of identity or purity. Any person who shall 
thus wilfully adulterate or alter, or cause to be adulterated or 
altered, or shall sell or offer for sale any such adulterated or altered 
drug, medicine, chemical or pharmaceutical preparation, or any 
person who shall substitute, or cause to be substituted, one material 
for another, with the intention to defraud or deceive the purchaser, 
shall be guilty of a misdemeanor, and be liable to prosecution under 
this act. If convicted, he shall be liable to all the costs of the action 
and all expenses incurred by the board of pharmacy in connection 
therewith, and for the first offense be liable to a fine of not less 
than fifty dollars nor more than one hundred dollars, and for each 
subsequent offense a fine of not less than seventy-five nor more 
than one hundred and fifty dollars. On complaint being entered, 
the board of pharmacy is hereby empowered to employ an analyst 
or chemist expert, whose duty it shall be to examine into the so- 
claimed adulteration, substitution or alteration, and report upon the 
result of his investigation ; and if said report justify such action, 
the board shall duly cause the prosecution of the offender, as pro- 
vided in this law. 

§ 14. No person shall sell at retail any poisons commonly recog- 
nized as such, and especially aconite, arsenic, belladonna, biniodide 
of mercury, carbolic acid, chloral hydrate, chloroform, conium, cor- 
rosive sublimate, creosote, croton oil, cyanide of potassium, digitalis, 
hydrocyanic acid, laudanum, morphine, nux vomica, oil of bitter 
almonds, opium, oxalic acid, strychnine, sugar of lead, sulphate of 
zinc, white precipitate, red precipitate, without affixing to the box, 
bottle, vessel or package containing the same, and to the wrapper 
or cover thereof, a label bearing the name of the article, and the 
w^ord "poison" distinctly shown, with the name and place of business 
of the seller ; who shall not deliver any of said poisons to any per- 
son under the age of fifteen years, nor shall he deliver any of said 
poisons to any j)erson, without satisfying himself that such poison 
is to be used for a legitimate purpose : Provided, that nothing herein 
contained shall apply to the dispensing of physicians' prescriptions 
of any of the poisons or articles aforesaid. Any person failing to 
comply with the requirements of this section shall be liable to a 
penalty of five dollars for each and every such offense. 

§ 15. All suits for the recovery of the several penalties prescribed 
in this act, shall be prosecuted in the name of the "People of the 
State of Illinois," in any court having jurisdiction; and it shall be 
the duty of the state's attorney of the county where such offense is 
committed, to prosecute all persons violating the provisions of this 
act, upon proper complaint being made. All penalties collected 



124 PUBLIC FUNDS. 



under the provisions of this act shall inure, one-half to the board 
of pharmacy, and the remainder to the school fund of the county 
in which the suit was prosecuted and judgment obtained. 

Approved May 30, 1881. 



PUBLIC FUNDS. 



CUSTODIANS TO PUBLISH ANNUAL STATEMENT. 

§L Officers publish statement of re- [ §2. Penalty for neglect or refusal, 
ceipts and disbursements— Ex- \ 
emptions— Cost— Payment. ! 

An Act to require officers having in their custody public funds io pre- 
pare and publish an annual statement of the receipt and disburse- 
ment of such funds. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That each and every public 
officer, elected or appointed, of each and every county and town- 
ship in this state, who shall, by virtue of his or her office, have the 
custody of public funds, shall, at the expiration of each fiscal year, 
prepare a statement of the amount of public funds received and 
expended by him or her during the fiscal year just closed ; which 
statement shall show the amount of public funds, if any, on hand 
at the commencement of said fiscal year, the amount of public 
funds received, and from what sources received, the amount of 
public funds expended, and for what purposes expended ; and the 
officer making such statement shall subscribe and swear to the same 
before some person authorized to administer oaths ; and such officer 
shall cause such statement to be published in some newspaper pub- 
lished in the county in which such officer holds his or her office, 
for one week ; and, if no newspaper be published in such county, 
then such officer shall make three (3) written copies of such state- 
ment, and post them in three (3) of the most public places nearest 
to the location of his or her office : Provided, that the provisions 
of this act shall not apply to sheriffs, circuit clerks, county clerks, 
county recorders, county superintendents of schools, county treas- 
urers, county collectors and township collectors, in counties under 
township organization : And, provided, further, that the cost for the 
publication of said statement shall not exceed the sum of one dollar 
($1) per one hundred words, to be paid out of the funds in the 
hands of the officer making such statement : And, provided, further, 
that said public officer shall not be required to have said statement 
published if he shall be unable to procure such publication at the 
price allowed by this act. 



QUO WAKEANTO. 125 



§ 2. Any public officer of any county or township in this state, 
who, by virtue of his or her office, shall have the custody of public 
funds, and who shall refuse or neglect to comply with the provi- 
sions of the first section of this act, shall be deemed guilty of a 
misdemeanor, and, upon conviction thereof, shall be fined not less 
than fifty dollars ($50), nor more than five hundred dollars ($500), 
at the discretion of the court, which fine shall be paid into the 
treasury of the county or to\^^lship in which the officer convicted of 
said misdemeanor shall hold his or her office ; and it shall be the 
duty of the state's attorney for the county in which said misde- 
meanor is committed to bring suit against any public officer charged 
with the violation of the provisions of this act in any court having 
jurisdiction. 

Appeoved May 30, 1881. 



QUO WARRANTO. 



§ 1. When and at whose instance writ may issue. 

An Act to amend section one (1) of an act entitled "An act to revise 
the law in relation to quo warranto,'''' app7'oved March 28, 1874. 
in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section one (1) of an act 
entitled "An act to revise the law in relation to quo warranto,''^ 
approved March 23, 1874, in force July 1, 1874, be so amended that 
"it read as follows : 

"Section 1. Be it enacted by the People of the State of Illinois, 
represented in the Genercd Assembly, That in case any person shall 
usurp, intrude into, or unlawfully hold or execute any office or 
franchise, or any office in any corporation created by authority of 
this state, (or any person shall hold or claim to hold or exercise 
any privilege, exemption or license, which has been improperly or 
without warrant of law issued or granted by any officer, board, 
commissioner, court, or other person or persons authorized or 
empowered by law to grant or issue such privilege, exemption or 
license), or any public officer shall have done or sufi'ered any act 
which, by the provisions of law, works a forfeiture of his office, or 
any association or number of persons shall act within this state as 
a corporation without being legally incorporated, or any corporation 
does or omits any act which amounts to a surrender or forfeiture 
of its rights and privileges as a corporation, or exercises powers not 
conferred by law, or if any railroad company doing business in this 



126 



RAILKOADS. 



state shall charge an extortionate rate for the transportation of any 
freight or passenger, or shall make any unjust discrimination in the 
rate of freight or passenger tariff over or upon its railroad, the 
attorney-general or state's attorney of the proper county, either of 
his own accord or at the instance of any individual relator, may 
present a petition to any court of record of competent juris- 
diction, or any judge thereof in vacation, for leave to file an 
information in the nature of a quo warranto in the name of the 
People of the State of Illinois ; and if such court or judge shall be 
satisfied that there is probable ground for the proceeding, the court 
Or judge may grant the petition and order the information to be 
filed and process to issue. When it appears to the court or judge 
that the several rights of divers parties to the same office or fran- 
chise, privilege, exemption or license, may properly be determined 
on one (1) information, the court or judge may give leave to join 
all of such persons in the same information, in order to try their 
respective rights to such office, franchise, privilege, exemption or 
license." 

Approved May 27, 1881. 



EAILEOADS. 



ESTABLISHES VALIDITY OF CONDITIONAL SALES AND LEASES OF ROLLING 

STOCK. 



§1. 



Contracts for lease or conditional 
sale of rolling stock valid between 
manufacturers and purchasers- 
Contracts limited to four years.* 

Instruments to be acknowledged. 

Instruments to be recorded. 

Certified copies of contracts admit- 
ted as evidence. 



§ 5. Act not to apply to ordinary leases. 

§ 6. Contracts to be notice to creditors— 

When expire — Sworn statements 

to be filed annually with recorder. 

In force July 1, 1881. 



An Act to render valid leases, hdihnents and conditional sales of rail- 

tvay rolling stock. 

Section 1. Be it enacted by the People of the State of Illinois, 
repi-esented^ in the General Assembly, In all cases where any cars, 
carriages, locomotives or vehicles used upon railways shall be deliv- 
ered to any person or persons, or corporation, by the manufacturer 
or builder thereof, under lease, bailment, conditional sale, or other 
contract providing that the title to the same shall remain in, or not 
pass from, the lessor, bailor or conditional vendor, until conditions 
fulfilled according to the terms of such contract, such contract shall 
be held and considered to be good, valid and effectual, according 
to the terms, tenor and effect thereof, both in law and in equity, 



EAILEOADS. 127 



as against all persons whatsoeyer, when the same shall be reduced 
to writmg, acknowledged, and filed for record, as hereinafter pro- 
vided. The provisions of this act shall apply only to sales made 
by manufacturers to purchasers, and no contract made in pursu- 
ance hereof shall be good for a longer period than four (4) years, 
nor shall any such contract be renewed. And it shall be the duty 
of the managers of all such corporations to list and return such 
property for taxation the same as is done by all other railroads 
owning their own rolling stock in this state. 

§ 2. The instrument of writing evidencing such contract shall be 
signed by the lessor, bailor or conditional vendor, and by the lessee, 
bailee or conditional vendee, or their agents, and acknowledged by one 
or other of them or their agents, in the same manner as provided by 
law for the acknowledgment of conveyances of real estate, and shall 
be filed for record in the recorder's office of each county through or 
into which the railroad availing itself of such additional purchase is 
operated. 

§ 3. Such instruments, when properly acknowledged, shall be 
admitted to record at the request of any ]Derson interested, upon the 
payment of the legal fees, without regard to the residence of the 
parties. 

§ 4. Every such instrument executed, acknowledged and recorded 
in pursuance of this act, may be read in evidence without any fur- 
ther proof of the execution thereof; and when it shall appear, by 
affidavit or otherwise, that the original thereof is lost or cannot be 
produced, a copy of the record thereof, certified by the recorder, 
may be read in evidence in the like manner and to the same effect 
as the original thereof. 

§ 5. This act shall not apply to railway rolling stock leased in 
the ordinary way without condition regarding purchase and sale, 
nor shall it affect the legality of any instrument of sale or lease 
existing at the time of the passing of this act. 

§ 6. Any and all contracts mentioned in section one (1) of this 
act, which shall be executed, acknowledged and recorded in pursu- 
ance of the provisions hereof, shall be held and considered to be 
full and sufficient notice to all persons whatsoever, but shall cease 
to be notice as against third persons after the expiration of the day 
the last payment thereunder, or other conditions thereof, shall be- 
come due or to be performed by the terms thereof : Provided, that 
the lessor, bailor or conditional vendor shall, within ten (10) days 
from the first of January in each year, file a sworn statement with 
the recorder of each county where the lease or sale bill provided for 
in section (1) of this act is recorded, and pay the recorder for put- 
ting the same on record, which statement shall show the names and 
dates and description of the said contract, and the amount due and 
unpaid thereon ; and upon failure to make such statement, or if 
such statement is false, or made with the intent to deceive and mis- 
lead any creditor of said railroad, in any way, then such lessor, 
bailor or conditional vendor shall thereby lose all benefits which he 
or they would otherwise have under the provisions of this act, and 
any other person or creditor may treat the property described in 
such conditional contract for sale as though the sale had been 



128 REVENUE. 



unconditional, and not subject to any lien for purchase money what- 
ever, and may levy execution or attachment theTeon, or purchase 
the same, freed from any lien of such lessor, bailor or conditional 
vendor. 



Approved May 30, 1881. 



REVENUE. 



general levy. 

§ 1. Taxes for revenue fund — School I § 2. Computation of rate, 
fund. 1 

An Act to jJrovide the necessary revenue fm' state purposes. 

Srction 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That there shall be raised by levying 
a tax, by valuation, upon the assessed taxable property in this state, 
the following sums for the purposes hereinafter set forth : For gen- 
eral purposes, to be designated "revenue fund," twenty-five hundred 
thousand dollars ($2,500,000) upon the assessed value of property 
for the year 1881, and fifteen hundred thousand dollars ($1,500,000) 
upon the assessed value of property for the year 1882 ; there shall 
also be raised by levying a tax by valuation upon the assessed tax- 
able property for the years A. D. 1881 and 1882, in this state, for 
state school purposes, to be designated "state school fund," the 
following sums, to-wit : The sum of eight hundred and fifty thousand 
dollars ($850,000) for the year 1881, upon the assessed taxable prop- 
erty, and the sum of one million dollars ($1,000,000) for the year 
1882 upon the assessed taxable property for the year 1882, in lieu 
of the two mill tax. 

§ 2. The governor and auditor shall annually compute the sepa- 
rate rates per cent, required to produce not less than the above 
amounts, anything in any other act providing a different manner of 
ascertaining the amount of revenue required to be levied for state 
purposes to the contrary notwithstanding ; and when so ascertained, 
the auditor shall certify to the county clerks the proper rates per 
cent, therefor, and also such definite rates for other purposes as 
are now or may hereafter be provided by law, to be levied and col- 
lected as state taxes ; and all laws and parts of laws in conflict 
with this act are hereby repealed. 

Approved May 30, 1881. 



EE VENUE. 129 



ACTION OF DEBT FOR RECOVERY OF TAX ON FORFEITED PROPERTY. 

§ 1. Amends sec. 230, act 1872, as amended 1879. Suit may be commenced— by whom. 

An Act to amend section 230 of an act entitled "An act for the 
assessment of property, and. for the levy and collection of taxes,'' 
approved March 30, 1S72, in force July 1, 1872; approved May 
29, 1879, in force Jidy 1, 1879, as amended by an act approved May 
29, 1879, in "^ force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section 230 of an act 
entitled "An act for the assessment of property, and for the levy 
and collection of taxes," approved March 30, 1872, in force July 1, 
1872 : approved May 29, 1879, in force July 1, 1879, as amended by 
an act approved May 29, 1879, in force July 1, 1879, be and the 
same is hereby amended so as to read as follows : 

"Section 230. The county board may, at any time, institute suit 
in an action of debt, in the name of the People of the State of 
Illinois, in any court of competent jurisdiction, for the whole amount 
due on forfeited property : or any county, city, town, school district, 
or other municipal corporation, to which any such tax may be due, 
may, at any time, institute suit in an action of debt in its own 
name, before any court of competent jurisdiction, for the amount 
of such tax due any such corporation on forfeited property, and 
prosecute the same to final judgment. The county board may also, 
at any time, institute suit in an action of debt in the name of the 
People of the State of Illinois, in any court of competent jurisdic- 
tion, against any person, firm or corporation, for the recovery of 
any personal property tax due from such person, firm or corpora- 
tion, and, in any such suit for the recovery of personal property tax, 
the return of the county collector that such taxes are delinquent, 
shall be prima facie evidence that such taxes are due and unpaid, 
but the fact that sufh taxes are due and unpaid may be proven by 
other competent testimony. This act shall apply to all taxes here- 
tofore levied against any person, firm or corporation, and now upon 
any assessment book or roll, and on the sale of any property fol- 
lowing such judgment, on execution or otherwise, any such county, 
city, town, school district, or other municipal corporation, interested 
in the collection of said tax, may become purchaser at such sale of 
either real or personal property, and if the property so sold is not 
redeemed (in case of real estate) may acquire, hold, sell and dispose 
of the title thereto, the same as individuals may do under the laws 
of this state ; and, in any such suit or trial for forfeited taxes, the 
fact that real estate or personal property is assessed to a person, 
firm or corporation, shall be prima facie evidence that such person, 
firm or corporation was the owner thereof, and liable for the taxes 
for the year or years for which the assessment was made, and such 
fact may be proved by the introduction in evidence of the proper 
assessment book or roll, or other competent proof." 

Approved May 30, 1881. 
—9 



130 REVENUE. 



COLLECTORS BOOKS — WHEN DELIVERED. 

S L Amends section 135, act 1872— County clerks deliver to collectors the books before 

Dec. 20, annually. 

An Act to amend section one hundred and thirty-Jive {135) of an act 
entitled ''An act for the assessment of j^'t'op^^'^V' <^^^^(^^ for the levy 
and collection of taxes,'" apiwoved March 30, 1872, in force 
July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section one hundred and thirty- 
five (135) of an act entitled "An act for the assessment of property, 
and for the levy and collection of taxes," approved March 30, 1872, 
in force July 1, 1872, be amended so as to hereafter read as follows : 

"Section 185. The respective comity clerks shall, on or before 
the twentieth day after the first day of December, annually, or as 
soon thereafter as the collectors are duly qualified, deliver to them 
the books for the collection of taxes ; and it shall be the duty of 
the collectors, within such time, or as soon thereafter as they are 
qualified, to call at the clerk's office and receive said books. The 
tax book, provided for collecting all taxes charged against railroad 
property and the capital stock of telegraph companies, shall be 
delivered to the county collector within the same time, annually, or 
as soon thereafter as he is qualified." 

Approved May 31, 1881. 



LIENS ON REAL PROPERTY. 

§ 1. Amends section 253, act 1872— First lien on real property— Foreclosure and sale in 

equity. 

An Act to amend section two hundred and fifty-three {253) of an act 
entitled "An act for the assessment of property, and for the levy 
and collection of taxes,'' approved March 30, 1872. 

Section 1. Be it enacted by the People of the State of Illinoh, 
represented in the General Assembly, That section two hundred and 
fifty- three (253) of an act entitled "An act for the assessment of 
property, and for the levy and collection of taxes," approved March 
30, 1872, be and the same is hereby amended so as to read as 
follows : 

"Section 253. The taxes upon real property, together with all 
penalties, interests and costs that may accrue thereon, shall be a 
prior and first lien on such real property, superior to all other liens 
and incumbrances, from and including the first day of May in tne 
year in which the taxes are levied until the same are paid ; which 
lien may be foreclosed in equity, in any court of competent juris- 



EE VENUE. 131 



diction, in the name of the People of the btate of Ilhnois, whenever 
taxes for two or more years, upon the same description of property, 
shall have been forfeited to the state, and may_ be sold under the 
order of the court by the person having authority to receive state 
and county taxes, with the same notice to interested parties and 
right of redemption from said sale as is noAV provided by law, and 
in conformity with sections four (4) and five (5) of article IX, 
of the constitution of thi« state. In proceedings to foreclose the 
tax lien on any real property, the amount due on the collector's 
books against the said property shall be prima facie evidence of the 
amount of taxes against the real property. When any taxes are col- 
lected in any such foreclosure proceedings, they shall be paid to the 
county collector, to be distributed by him to the respective authori- 
ties entitled thereto." 



Appkoved May 30, 1881. 



COLLECTOKS KETUKN OF BOOKS. " • ' 

§ 1. Amends section 169. act of 1872, as In force May 31, 1881.' 

amended 1873— Return of books by , 

collectors— Delinquent list. 

An Act to amend section one hundred and sixty-nine {169) of an act 
entitled "An act for the assessment of 2^'>"oj)erty, and for the levy 
and collection of taxes," ajyproved March 30, 1872, in force Jidy 
1, 1872, as amended by an act ajiproved May 3, 1873. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That section one hundred and 
sixty-nine (169) of an act entitled "An act for the assessment of 
property, and for the levy and collection of taxes," approved March 
30, 1872, in force July 1, 1872, as amended by an act approved 
May 3, 1873, be and the same is hereby amended to read as fol- 
follows : 

" Section 169. Town and district collectors shall return the tax 
books and make final settlement for the amount of taxes placed in 
their hands for collection, on or before the tenth day of March next 
after receiving the tax books : Provided, that the county collector 
may first notify, in writing, the several town or district collectors 
upon what day, within twenty days after the tenth day of March, 
they shall appear at his office to make final settlement ; and at the 
time of making return to the county collector, each town or district 
collector in counties under township organization shall make out 
and deliver to the county collector a detailed statement, in writing, 
of the amount of taxes he has been unable to collect on real estate 
and from persons charged with personal property taxes, which state- 



132 



KE VENUE. 



ment shall show each kind of tax, the same as in the tax book de- 
livered to him by the count^^' clerk, and shall show the number of 
the page of the tax book and the number of the line of the page 
on which the item appears to be delinquent ; and in case where no 
taxes have been paid, on any one page on the collector's book, the 
page footings of the taxes on such page may be copied into such 
statement. It shall not be necessary to give in the statement the 
description of the real property delinquent, nor the names of the 
■owners thereof, nor the names of the persons delinquent for per- 
sonal property taxes. The town or district collector shall add up 
ihe delinquent taxes in said statement and make a summary thereof, 
setting forth the aggregate amount of each kind of tax, and the 
total delinquent, in the same manner as in his warrant, and shall 
make oath that said statement is true and correct." 

§ 2. Whereas, there is no provision in the revenue law requiring 
the town or district collector to make a statement whereby a cor- 
rect and satisfactory settlement can be made with the county col- 
lector, therefore an emergency exists, and this act shall take effect 
and be in force from and after its passage. 

Approved May 31, 1881. 



Amends certain sections of the gen- 
eral revenue law, as follows: 
58. Listing real estate annually May 1 
66. Books prepared by county clerks. 

69. Books ready for delivery May 1. 

70. Assessors to call for books. 
76. Assessment of real estate. 

86. Review of assessments— Notice. 
89. Returns by assessors— Footings 
of columns. 
Verify return by affidavit— Form. 
Assessment books filed with 

county clerks. 
County clerks return to auditor 
July 10— Itemized abstract. 



90. 
92. 



98. 



125. 



§ 126. 
§ 128. 



§ 132. 
§ 103. 



123. Collectors' books made out by 
county clerks. 
Books properly ruled in columns, 
showing valuation and equal- 
ized valuations. 
Extension of taxes by county 

clerks. 
State and county extension- 
Town, district, city and village. 
Collectors' warrants. 
Payment of taxes— Entry on book 
— Receipt. 
§ 180. Receipt for taxes. 
§ 2. Amends the act of 1872 by adding 

section 124, as follows: 
§ 124. Collectors' books— How made up 

An Act to amend an act entitled "An act to amend sections fifty- 
eight {58), sixty-six {66) as hei^etofore amended, sixty-nine {69), 
seventy {70), seventy-six {76), eighty-six {86), eighty-nine {89), 
ninety {90), ninety-two {92) as heretofore amended, ninety-eight 
{98), one hundred and twenty-three {123), one hundred and twenty- 
five {125), one hundred and twenty-six {126), one hundred and 
twenty-eight {128), one hundred and thirty-ttvo {132, one hundred 
and sixty-one {161), one hundred and sixty-three {163), one hun- 
dred and seventy {170), one hundred and s'eventy-one {171), one 
hundred and seventy-two {172), one hundred and eighty {180), one 
hundred and eighty-one {181) as heretofore amended, one hundred 
and eighty-eight {188), one hundred and eighty-nine {189), one 
hundred and ninety {190), one hundred: and ninety-three {193) as 
heretofore amended, one hundred and ninety-four {194), two hun-, 
dred {200) and two hundred and eleven {211), of an act entitled 
'An act for the assessment of property and for the levy and collec- 
tion of taxes,' approved March 30, 1872," and to add to said act 
an actditional section, to he known as section one hundred and twenty- 
four {124). 



REVENUE. 133 



Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That sections fifty-eight (58), 
sixty-six (66), sixty-nine (69), seventy (70^, seventy-six (76), eighty- 
six (86), eighty-nine (89), ninety (90), ninety-two (92), ninety-eight (98) 
one hundred and twenty-three (123), one hundred and twenty-five 
(125), one hundred and twenty-six (126), one hundred and twenty- 
eight (128), one hundred and thirty-two (132), one hundred and six- 
ty-three (163), one hundred and eighty (180), as heretofore amended 
by an act in force July 1, 1879, be and the same are hereby amended 
so as to read as fohows : 

"Section 58. All real property in this state, subject to taxation 
under this act, including real estate becoming taxable for the first 
time, shall be listed to the owners thereof, by such owners, their 
agents, county clerks, or assessors, or the county board, and assessed 
for the year one thousand eight hundred and eighty-one, and yearly 
thereafter, with reference to the amount owned on the first day of 
May in each year, including all property purchased on that day : 
Provided, that no assessment of real property shall be considered as 
illegal by reason of the same not being listed or assessed in the 
name of the owners thereof." 

"Section (S6. The county clerk shall make up for the several towns 
or districts in his county, in books to be provided for that purpose, 
the lists of lands and lots to be assessed for taxes. When a whole 
section, half section, quarter section, or half-quarter section, belongs 
to one owner, it shall, at the request of the owner or his agent, be 
listed as one tract, and when all lots in the same block belong to 
one owner, they shall, at the request of the owner or his agent, be 
listed as a block. When several adjoining lots in the same block 
belong to the same owner, they shall, at the request of the owner 
or his agent, be included in one description : Provided, that when 
any tract or parcel of real estate is situated in more than one town, 
or in more than one school, road or other district, the portion 
thereof in each town or district shall be listed separately. Said 
clerk shall enter in the proper column, opposite the respective tracts 
or lots, the name of the owner thereof, so far as he shall be able 
to ascertain the same. Said books shall contain columns in which 
may be shown the number of acres or lots imjjroved, and the value 
thereof; the number of acres or lots not improved, and the value 
thereof ; the total value ; and such other columns as may be re- 
quired." 

"Section 69. The county clerk shall cause such assessment books, 
and all blanks necessary to be used by the assessor in the assess- 
ment of real and personal property, to be in readiness for delivery 
to the assessor on or before the first day of May in each year. 

"Section 70. It shall be the duty of each county, town or district 
assessor to call on the county clerk on or before the first day of 
May in each year, and receive the necessary books and blanks for 
the assessment of property, and the failure of any assessor so to 
do, shall be deemed sufficient cause to declare his office vacant, and 
for the appointment of a successor." 



134 KEVENUE. 



"Section 76. Assessors shall, between the first day of May and 
the first day of July of each year, actually view and determine, as 
nearly as practicable, the fair cash value of each tract or lot of 
land listed for taxation, and set down in proper columns, in the 
book furnished him, the value of each tract or lot improved, the 
value of each tract or lot not improved, and the total value. He 
shall also set down, in separate columns, the number of acres in 
wheat, corn, oats, meadow, and other field products, in inclosed 
pastures, orchards and wcodlands, whether inclosed or not, in that 

"Section 86. In counties under township organization, the 
assessor, clerk and supervisor of the town shall meet on the fourth 
Monday of June, for the purpose of reviewing the assessment of 
property in such town. And on the application of any person con- 
sidering himself aggrieved, or who shall complain that the property 
of another is assessed too low, they shall review the assessment, 
and correct the same, as shall appear to them just. No complaint 
that another is assessed too low shall be acted upon until the 
person so assessed, or his agent, shall be notified in writing of such 
complaint, if a resident of the county. Any two of said officers 
meeting are authorized to act, and they may adjourn from day to 
day, till they shall have finished the hearing of all cases presented 
on said day. Property assessed after the fourth Monday of June 
shall be subject to complaint to the county board, subject to the 
rules specified in this section." 

"Section 89. The assessor shall add up and note the aggregate 
of each column in his assessment books of real and personal prop- 
erty ; and shall also add in each book, under proper headings, a 
tabular statement, showing the footings of the several columns upon 
each page ; and shall add up and set down under the respective 
headings the totals of the several columns. When an assessor 
returns several assessment books of real or personal property, he 
shall, in addition to the tabular statements herein required, return 
a statement in like form, showing the totals of all the books. 

"Section 90. The assessor shall, on or before the first day of 
July of the year for which the assessment is made, return his 
assessment books to the county clerk, verified by his affidavit, sub- 
stantially in the following form : 

STATE OF ILLINOIS, I „„ 

, County, j -• 

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

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

"Section 92. The several assessment books shall be filed in the 
office of the county clerk, and there remain open to the inspection 
of all persons : Provided, that the county clerk shall, in the month 
of April, deliver to the town clerks of the several towns in the 
county tbe assessment books of their respective towns for the pre- 
vious year, such books to be returned by the town clerks to the 
county clerk's office before the first of July of the same year." 



KEVENUE. 135 



"Section 98. On or before the tenth day of July, annually, it 
shall be the duty of the county clerks, upon the receipt of the 
assessment books, to make out and transmit to the auditor an 
abstract of the assessment of property, showing the number, value 
and average value of each kind of enumerated property, as shown 
by the assessment ; the value of each item of unenumerated pro- 
23erty, and total value of personal property ; the length of main 
track, the length of side track, and the numbers, values and aver- 
age values of each separate item of railroad property ; the number 
of acres, value and average value of improved lands ; the Jiumber 
of acres, value and average value of unimproved lands ; the total 
number of acres, total value and average value, per acre, of all 
lands ; the number, value and average value of improved town 
and city lots ; the number, value and average value of unimproved 
town or city lots ; the total number of lots, total value and average 
value of all lots, and the total value of all property; the number 
of acres in cultivation of wheat, corn, oats, meadow, and other field 
products in inclosed pasture, orchards and woodland, whether in- 
closed or not in that year. Said abstracts shall be made out on 
blanks, which it shall be the duty of the auditor to furnish the 
county clerks for that purpose. The values to be given in said 
abstract shall be the assessed valuations, except in the case of rail- 
road property denominated "railroad track" and "rolling stock," the 
value of which shall be given as returned by the railroad company 
to the county clerk. The county clerk shall, at the same time, and 
accompanying said abstract, furnish a detailed statement of the 
railroad property denominated "railroad track" and "rolling stock," 
reported by each road located in or through their counties. If there 
are any roads so located that have not made their reports as re- 
quired by this act, the clerk shall report the fact, giving the name 
of such railroad." 

"Section 123. The county clerk shall, annually, make out for the 
use of collectors, in books to be furnished by the county, correct 
lists of taxable property, as assessed and equalized." 

"Section 125. The respective county clerks shall cause the col- 
lectors' books to be properly ruled for the several classes of pro- 
perty, providing for each class three columns for values — the first 
to show the assessed valuation ; the second to show the valuation 
as corrected and equalized by the county board ; and the third to 
show the valuation as equalized or assessed by the state board of 
equalization. Said books to contain proper columns for the exten- 
sion of the several kinds of taxes, and other purposes. 

"Section 1'26. Said clerks shall extend the rates of addition or 
deduction ordered by the county board and state board of equaliza- 
tion, in the several columns provided for that purpose. The rates 
per cent, ordered by the state board of equalization shall be ex- 
tended on the assessed valuation of property, as corrected and 
equalized by the county board — except, that in case of railroad 
property denominated "railroad track" and "rolling stock," said 
rates shall be extended on the listed valuations of such designated 
property. In all cases of extension of valuations, where the equal- 
ized valuation sliall happen to be fractional, the clerk shall reject 



136 REVENUE. 



all such fractions as may fall below fifty cents ; fractions of fifty 
cents or more shall be extended as one dollar." 

"Section 128. All state and county taxes shall be extended by 
the respective county clerks upon the property in their counties, 
upon the valuation produced by the equalization and assessment of 
property by the state board of equalization. Town, district, village, 
city and other taxes shall also be extended against such assessed 
and equalized valuation of property within their respective jurisdic- 
tions. In the extension of taxes, the fraction of a cent shall be- 
extended as one cent." 

"Section 132. To each collector's book a warrant, under the 
hand and official seal of the county clerk, shall be annexed, com- 
manding the collector to collect from the several persons named in 
said book the several sums entered in the column of totals opposite 
their respective names. The warrant shall direct the collector to 
pay over the several kinds of taxes that may be collected by him 
to the respective officers entitled thereto, less the compensation for 
collection allow^ed him by law." 

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

"Section 180. On the application of any person to pay any tax 
or special assessment upon any real property, it shall be the duty 
of the county collector to make out to such person a receipt, in 
which shall be noted all taxes and assessments upon such property 
returned to such collector and not previously paid." 

§ 2. Such act is hereby amended by adding thereto the follow- 
ing, to be known as section one hundred and twenty-four (124) : 

"Section 124. In counties not under township organization, such 
book shall be made up by congressional townships ; but parts of 
fractional townships, less than full townships, may be added to full 
townships, at the discretion of the county board. In counties under 
township organization, said books shall be made to correspond with 
the organized townships. Separate books may be made for the 
collection of all taxes within the corporate limits of cities, towns 
and villages. This section shall not be construed to interfere with 
the tax book provided for i]i this act, for the use of county col- 
lectors, for collecting all taxes charged against railroad property and 
the capital stock of telegraph companies." 

Approved June 2, 1881. 



REVENUE. 137 



LANDS FORFEITED TO STATE. 

§ 1. Amends section 203, act of 1874— Lands forfeited to state— When taxes exceed value of 

land, may be again sold. 

An Act to amend section two hundred and three of an act entitled 
"An act for the assessment of property, and for the levy and col- 
lection of taxes,'' approved March 30, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section two hundred and 
three of an act entitled "An act for the assessment of property, and 
for the levy and collection of taxes," approved March 30, 1872, be 
and the same is hereby amended to read as follows : 

"Section 203. Every tract or lot so offered at public sale, and 
not sold for want of bidders, shall be forfeited to the state of Illi- 
nois : Provided, however, that whenever the county judge, county 
clerk and county treasurer shall certify that the taxes on forfeited 
lands equals or exceeds the actual value of such lands, the officer 
directed by law to expose for sale lands for delinquent taxes, shall, 
on the receipt of such certificate, offer for sale to the highest bid- 
der the tract or lands, in such certificate described, after first 
giving ten days' notice of the time and place of sale, together with 
a description of the tract or lands so to be offered. And a certifi- 
cate of purchase shall be issued to the purchaser at such sale as 
in other cases in this act provided ; and the county collector shall 
receive credit, in his settlement with the custodian of the several 
funds for which such tax was le\-ied, for the amount not realized 
by such sale. And the amount received from any such sale shall 
be paid by such collector, pro rata, to the custodian of the several 
funds entitled thereto." 

Approved June 2, 1881. • ' 



SALE OF FORFEITED PROPERTY. 

§ 1. Amends act of 1872, by requiring tax— In force July 1, 18-81. 

Amount for which delinquent prop- 
erty has been forfeited, to be added 
to tax each year— County collector 
to list and sell— Counties, cities, 
towns and school districts may 
purchase property sold for tax- 
ation—Additions and sales to be 
continued from year to year. 

An Act to amend section two hundred and twenty-nine (329) of an a<it 
entitled "An act for the assessment of property, and for the levy 
and collection of taxes,'' approved March 30, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section two hundred and twenty- 



138 



SCHOOLS. 



nine (229) of an act entitled "An act for the levy and collection of 
taxes," approved March 30, 1872, in force July 1, 1872, be and is 
hereby amended to read as follows : 

"Section 229. The amount due on lands and lots previously for- 
feited to the state, and remaining unpaid on the first day of November, 
shall be added to the tax of the current year, and the amount 
thereof shall be reported against the county collector, with the 
amount of taxes for said year ; and the amount so charged shall be 
placed ' n the tax books, collected and paid over in like manner as 
other taxes. The county collector is hereby authorized to advertise 
and sell said property, in the manner hereinbefore required by this 
act, as if said property had never been forfeited to the state ; and 
the county, city, town or school district may, by their agent, attend 
such sale for taxes, and buy said lands and acquire the same rights 
that individuals now have under the law ; and acquire, hold, sell and 
dispose of said title thereto the same as and in the same manner 
as individuals may do under the laws of this state, in case of sale 
for taxes. Said additions and sales shall be continued from year to 
year until the taxes on said property are paid, by sale or other- 
wise." 

Approved May 31, 1881. 



SCHOOLS. 



§ 53. Teachers kei'P daily registers- 
Form— Schedules— Form— Direc- 
tors' certifleate— Form. 

§ 54. Eeturn of schedule to township 
treasurer— School month— Holi- 
days. 

§ 57. Township treasurers— Loan funds- 
Security— Statement ot fund made 
annually to county superintend- 
ent. 
In force July 1, 1881. 



§ 1. Amends certain sections of the act 
of 1872, as amended 1879, as fol- 
lows: 

§ 11. County superintendent— Election— 
Qualification— Duties. 

§ 27. Elections for trustees- -Maiiner of 
conducting. 

? 33. Districts -Organization, etc. 

^ 34. Distribution of funds. 

§ 48. Directors -Body corporate— Duties 
and powers. 

An Act to amend sections eleven (11), twenti/seren {27), thirty-three 
{83), thirty -four {34), forty-eight {48), fifty -three {53), fifty -four 
{54) and fifty-seven {57) of an act entitled ''An act to establish 
and maintain a system of free schools," approved April 1, 1873, 
and in force Jidy 1, 1872, and amended by an act approved June 
3, 1879, and in force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That sections eleven (11), twenty- 
seven (27), thirty-four (34), thirty-three (33), forty-eight (48), fifty- 
three (53), fifty-four (54) and fifty-seven (57), as amended, of the 
aforesaid act, be amended so as to read as follows : 



SCHOOLS. 139 



"Section 11. On the Tuesday next after the first Monday in 
November, 1882, and every four (4) years thereafter, there shall be 
elected by the qualified voters of every county in this state, a 
county superintendent of schools, who shall perform the duties re- 
quired by law, and shall enter upon the duties of his office on the 
first Monday of December after his election. He shall, before en- 
tering upon his duties, take the oath prescribed by the constitution, 
and execute a bond payable to the state of Illinois, with two (2) or 
more responsible freeholders as security, to be approved by the 
county board, or judge and clerk of the county court, in penalty of not 
less than $12,000, to be increased at the discretion of said board, con- 
ditioned that he will faithfully perform all the duties of his office 
accordmg to the laws which are or may be in force, by which bond 
the obligors shall be bound jointly and severally, and upon which 
an action or actions may be maintained by the board of trustees 
of the proper township, for the benefit of any township or fund in- 
jured by any breach ; and the county board of each of the counties 
of this state shall, in the month of December, A. D. 1881, appoint 
a county superintendent of schools, who shall be the successors in 
office, respectively, of the county superintendents of schools then in 
office, and the term of office of the then officers so appointed shall 
be one (1) year and until the election and qualification of their 
successors." 

"Section 27. The time and manner of opening, conducting and 
closing said election, and the several liabilities appertaining to the 
judges and clerks, and to the voters separately and collectively, and 
the manner of contesting said election, shall be the same as pre- 
scribed by the general election laws of this state defining the 
manner of electing magistrates and constables, so far as applicable, 
subject to the provisions of this act : Provided, that said election 
may commence, if so specified in the notice, at any hour between 
the hours of eight (8) A. M. and one (1) P. M., and the judges may 
close such election at four (4) P. M. : And, provided, furtlter, that 
in townships where, for general elections, there is more than one (1) 
polling place, the trustees shall give notice that at each of said 
polling places a poll will be opened for such election, in which case 
at least one (1) of said trustees shall attend at each of said places, 
and additional judges shall be chosen as provided in section twenty- 
six (26) of the act to which this is an amendment ; should the 
polling places be in excess of the number of trustees, then the 
voters at such polling places so in excess shall select from their 
number the requisite number of voters, who shall act as judges of 
said election, in the manner provided by said section twenty-six (26). 
And in counties adopting township organization, in each and every 
township whose boundaries coincide and are identical with those of 
the town, as established under the township organization laws, the 
trustee or trustees shall be elected at the same time and in the 
same manner as the town officers ; and all elections heretofore held 
at such time and in such manner in such townships are hereby 
legalized. And in all such townships, if no trustees are elected at 
the stated town meeting, and when vacancies occur in the board. 



140 SCHOOLS. 



an election of trustee/ or trustees shall be ordered by the trustees of 
schools, through the township treasurer, as provided in the twenty- 
fifth (25th) section of this act." 

"Section 33. Trustees of schools in newly organized townships 
shall lay off the township into one or more districts, to suit the 
wishes and convenience of a majority of the inhabitants of the 
township, and shall prepare or cause to be prepared a map of the 
township, on wdiich map shall be designated the district or districts, 
to be styled, when there are more than one (1) district, ' District 
No , in township No , range .... of the .... P. M. (ac- 
cording to the proper numbers, county of , and state of 

Illinois,' And when- petitioned so to do, as hereinafter provided, 
they may, having discretion in the matter, at the regular meeting 
in April, change such districts as lie wholly within their townships, 
so as to divide or consolidate districts, to organize a new district 
out of territory belonging to two (2) or more districts, or to detach 
territory from one (1) district and add the same to another district ad- 
jacent thereto. And at the same meeting, by the concurrent action 
of the several boards of trustees of the townships in which the dis- 
trict or districts affected lie, each board being petitioned as herein- 
after provided, the same changes may be made in the boundaries, 
both of districts which lie in separate townships but adjacent to 
each other, and of districts formed of parts of two (2) or more 
townships : Provided, that none of these changes shall be made 
unless petitioned for — (1) by a majority of the legal voters of each 
of the districts affected by the proposed change ; or, (2) by two- 
thirds (f ) of the legal voters living within certain territory, described 
in the petition, asking that said territory be detached from one 
district and added to another ; or, (3) by two-thirds (f ) of all the 
legal voters living within certain territory, containing not less than 
ten (10) families, asking that said territory be made a new district- 
But in case any territory be set off from any district that has a 
bonded debt, the change not being petitioned for by a majority of 
the legal voters of said district, such distiict shall remain liable for 
the payment of such bonded debt, as if not divided. The directors 
of the original district having such bonded debt, and of the district 
into which the territory taken from such original district has been 
incorporated or formed, shall constitute a joint board for the pur- 
pose of determining and certifying, and they shall determine and 
certify to the county clerk the amount of tax required yearly for 
the purpose of paying the interest and principal of such bonded 
debt, which tax shall be extended by the county clerk against all 
the property embraced within such original district, as if it had not 
been divided : Provided, also, that in school districts having a popu- 
lation of not less than one thousand (1.000) inhabitants, any de- 
sired change of boundaries may be submitted to the trustees by a 
vote of the people, instead of by petition, as hereinbefore set forth ; 
and when petitioned so to do by twenty-five legal voters of the 
district, the school board of the district shall submit the question 
of change desired to the voters of said district, at a special election 
called for that purpose, and held at least thirty (30) days prior to 
the regular meeting of the trustees at which they consider change 



SCHOOLS. 141 



of district boundaries. If a majority of the votes cast at any such 
election shall be in favor of the change proposed, then, due return 
of the election having been made to the township treasurer, the 
township trustees shall consider and take action, the same as if 
petitioned therefor by a majority of the legal voters of such district; 
but no question of change of boundaries shall be submitted to a 
vote of the school district more than once in any one (1) year : Pro- 
vided, further, that no petition shall be acted upon by any board of 
trustees unless it shall have been filed with the clerk of said board 
of trustees twenty (20) days before the regular meeting in April, 
nor unless a copy of said petition, together with a notice, in writing, 
which notice may be in the following form, to- wit : 

"The directors of district No , in township No range of the prin- 
cipal meridian, will take notice that the undersigned have made and filed with the clerk 
of the board of trustees of said township their petition, a copy of which is herewith 
handed to you. 

shall be delivered by the petitioners, or some one of them, at 
least ten (10) days before the date at which the petition is to be 
considered, to the president or clerk of the board of directors of 
each district whose boundaries will be changed if the petition is 
granted. When, at the regular meeting of the trustees in April, 
any such petition shall come before the trustees, it shall be the 
duty of the trustees to ascertain, first, whether the foregoing pro- 
visions have been strictly complied with ; and if it shall appear 
that they, or either of them, have not been complied with, in such 
case the board shall adjourn the hearing for not longer than four (4) 
weeks, in order that the foregoing provisions may be complied with ; 
but there shall be but one (1) adjournment for such purpose. If, 
on the day of the regular meeting, or at the adjourned meeting, it 
shall appear' that such provisions have been complied with, then 
the trustees shall consider the petition, and shall also hear any 
legal voters living in the district or districts that will be affected by 
the change if made, who may appear before them to oppose the 
petition ; and they shall grant or refuse the prayer of the petition- 
ers without unreasonable delay. But the petitioners or the legal 
voters, who have appeared before the trustees at the meeling when the 
petition was considered, and opposed the same, shall have the right 
of appeal to the county superintendent of schools : Provided, the 
party appealing files with the clerk of the trustees a written notice 
of appeal within ten (10) days after final action upon the petition 
by the trustees. Whenever any changes, as provided in this sec- 
tion, are made by the trustees of schools, if no appeal is taken to 
the county superintendent, the clerk of the trustees shall make a 
complete copy of the record of the action of the trustees, which 
copy shall be certified by the president of the trustees and the clerk, 
who shall file the same, together with a map of the township show- 
ing the districts, and an accurate list of the tax-payers of the newly 
arranged districts, with the county clerk within twenty (20) days of 
the action of the trustees. When the trustees of schools shall or- 
ganize a new district under the provisions of this section, it shall 
be the duty of the clerk of the trustees, if no appeal is taken to 
the county superintendent, to order, within fifteen (15) days after 
the action of the trustees, an election, to be held at some convenient 



142 SCHOOLS. 



time and place, within the boundaries of such newly organized dis- 
trict, for the election of three (3) school directors, notice being given 
by the township treasurer, who shall post up three (3) notices of 
such election in three (3) prominent places in said district, at least 
ten (10) days prior to the time appointed for holding such election, 
which notices shall specify the place where such election is to be 
held, the time for opening and closing the polls, and the object of 
said election. It shall be the duty of the legal voters present, five 
(5) of whom shall constitute a quorum, to appoint three (3) of their 
number, two (2) of whom shall act as judges, and one (1) as clerk, 
of said election. Within ten (10) days after the election, it shall be 
the duty of the directors elected at said election, to meet at some con- 
venient time and place, previously agreed upon by said directors, and 
organize as a district board, by appointing one (1) of their number pres- 
ident, and also some suitable person clerk of the board, who shall, 
by virtue of his office, be cleriv of the district. At this first meeting 
of the directors, they shall draw lots for their respective terms of 
office for one (1), two (2) and three (3) years, each of which shall 
be considered a fractional term, ending at each annual meeting, 
according to the length of term drawn. When an appeal is taken 
from the action of the trustees to the county superintendent, the 
clerk of the trustees shall, within five (5) days after the written no- 
tice of the appeal has been filed with him by the appellants, trans- 
mit all the papers in the case, with a transcript of the records of 
the trustees, showing their action thereon, to the county superin- 
tendent, and in case of an appeal the township treasurer shall be 
required to take no further action in the matter, except upon the 
order of the county superintendent, whose duty it shall be to inves- 
tigate the case upon such appeal ; and if, in his opinion, the change 
asked is for the best interests of the district or districts concerned, he 
shall make such change or changes, but if he considers the proposed 
change unadvisable, he shall refuse to make it, and shall reverse, if 
need be, the action of the trustees, and shall give the clerk from 
whom he received the papers immediate notice of such refusal, and 
his action shall be final and binding. If the changes asked by the 
petitioners shall be made by the county superintendent, he shall 
notify in writing the clerk by whom the papers in the case were 
transmitted to him, of his action, and the clerk shall thereupon make 
a record of the same, and shall, within ten days thereafter, make a 
copy of the same and the map and list of taxpayers, and deliver 
them to the county clerk for filing and record by him, the same as 
if the change had been ordered by the trustees. A.nd in case a 
new district is organized by the action of the county superintendent, 
the clerk shall, within five (5) days thereafter, order an election of 
directors in the new district the same as if the change had been 
made by the board of trustees. Whenever a new district has been 
formed by the trustees or by the county superintendent, from a part 
of a district or from parts of two (2) or more districts, the trustees 
of the township or townships concerned shall proceed forthwith to 
make a distribution of any tax funds or other funds which are in 
the hands of the treasurer, or to which the district may, at the 



SCHOOLS. 143 



time of such division, be entitled, so that both theold anci .ic ,v' dis- 
tricts shall receive parts of such funds in proportion to the amount 
of taxes collected, next preceding such division, from the taxable 
property in the territory composing the several districts. If the new 
district be composed of parts of two (2) or more districts, the trustees 
shall make distribution of said funds between the new district and 
the old districts respectively, so that the new district shall receive 
a distribution of the funds of each of the old districts in the pro- 
portion which the amount of taxes collected from the property in 
the territory of the new district bears to the whole taxes collected, next 
before the division, in the old district ; and the town treasurer shall 
forthwith place the sum so distributed to the credit of the respective 
districts, and shall immediately place the proportion of the said 
funds to which said new district may be entitled to its credit on his 
books, and the funds on hand shall be subject at once to the order 
of the directors of the new district, and those not on hand, as soon 
as collected. The trustees of the township or townships concerned, 
shall, at the time of the creation of a new district, or with- 
in the period of thirty (30) days thereafter, proceed to the 
appointment of three appraisers, who shall not be citizens 
of the township or townships interested. It shall be the duty 
of said appraisers, within thirty days after their appointment, 
to appraise the school property, both real and personal, of the 
district or districts interested, at their [its] fair cash value. Within 
thirty (30) days after such appraisement, the trustees of the town- 
ship or townships concerned shall proceed to charge the property to 
the district in which it may be found, and to credit the other dis- 
trict interested therein with its proportion of such valuation : Pro- 
vided, that the bona fide debts, if any, of the old district, shall first 
be deducted and the balance charged and credited as aforesaid, and 
of the funds then on hand, or subsequently to accrue, belonging to 
such district to which such property is charged, the trustees shall 
direct the treasurer to place to the credit of the district not retain- 
ing said property its proportion of the value of said . property. If 
trustees shall fail to observe the provisions of this section in refer- 
ence to distribution of funds and property, they shall be individually 
and jointly liable to the district interested, in an action on the case, 
to the full amount of the damages sustained by the district aggrieved. 
Where trustees have heretofore failed to make distribution of prop- 
erty to districts, as provided in this section, any district interested 
in the making of such distribution may, by its directors, request the 
trustees, in writing, to proceed to make such distribution ; and said 
trustees shall proceed to make distribution in the manner herein 
prescribed, and shall be liable in like manner for neglect or failure. 
The clerk of any board of trustees who shall fail, neglect or refuse 
to perform the duties imposed upon him by this section, or any of 
them, within the time and in the manner prescribed, shall, for each 
offense, forfeit not less than ten dollars ($10) nor more than twenty- 
five dollars ($25) of his pay as clerk of the board of trustees and 
township treasurer, which forfeiture shall be enforced by the trus- 
tees. If any school district shall, for two (2) consecutive years, fail 
to maintain a public school, as required by law to do, it shall be 



144 SCHOOLS. 



the duty of the trustees of schools of the township or townships in 
which such district hes, to attach the territory of such district to 
one (1) or more adjoining school districts ; and, in case said terri- 
tory is added to two (2) or more districts, to divide the property of 
said district between the districts to which its territory is added, in 
the manner hereinbefore provided for the division of property in case 
a new district is orga'hized from part of another district, and the 
action of the trustees in such a case shall be final and binding ; 
and the clerk of the trustees in such cases shall flle a copy of the 
record of the same, together with the map and list of taxpayers, 
with the county clerk, as in other cases of change of district bounda- 
ries. The majority of the legal voters of a district lying in two (2) 
or more townships may secure the dissolution of said district by 
petitioning the several boards of trustees of said townships, at their 
regular meeting in April, that each will add the territory belonging 
to said district in its township to one (1) or more adjoining districts. 
Upon receipt of such petition, or returns of such election, the several 
boards of trustees shall each make such disposition of the territory 
of said district as lies in its township, and they shall jointly make 
such division of the property of said district between the districts to 
which its territory is attached, as is hereinbefore provided in the 
case of the organization of a new district from a part of another 
district ; and the action of the trustees, in accordance with such 
petition or election, shall be final and binding, and the clerks of the 
several boards of trustees in such case shall file a copy of the record 
of the same, together with the map and list of taxpayers, with the 
county clerk, as in other cases of change of district boundaries. 

"Section 34. At the regular semi-annual meetings, on the first 
Mondays of April and October, the trustees shall ascertain the 
amount of state, county and township funds on hand and subject 
to distribution, and shall apportion the same as follows : 

First — Whatever may be due for the compensation and the books 
of the treasurer, and such sum as may be deemed reasonable for 
dividing school lands, making plats, etc. 

Second — The remainder shall be divided among the districts or 
fractions of districts in which schools have been kept in accordance 
with the provisions of this act, and the instructions of the state and 
county superintendents, during the preceding year ending June 30, 
in proportion to the number of children under twenty-one (21) years 
of age in each : Provided, that no district which shall show by 
schedules filed on or before the meeting of the trustees in October, 
1881, that it has had a legal school for one hundred and ten (110) 
days during the year preceding, shall be deprived of a share of the 
funds distributed at that and the next regular meeting of the trustees. 
The funds thus apportioned shall be placed on the books of the treasu- 
rer to the credit of the respective districts, and the same shall be paid 
out by the treasurer on the legal orders of the directors of the proper 
districts." 

"Section 48. The directors of each district are hereby declared a 
body politic and corporate, by the name of 'school directors of dis- 
trict No , township No , range . . . . , county of , and 

the state of Illinois,' and by that name may sue and be sued in all 



SCHOOLS. 145 



courts and places whatever. Two (2) directors shall be a qnornm 
for busmess. The directors shall be liable as directors for the 
balance due teachers, and for all debts legally contracted. They 
shall establish and keep in operation for at least one hundred and 
ten (110) days of actual teaching in each year, without reduction by 
reason of closing schools upon legal holidays, or for any other cause, 
and longer if practicable, a sufficient number of free schools for the 
accommodation of all children in the district over the age of six (6) 
and under twenty-one (21) years, and shall secure to all such 
children the right and opportunity to an equal education in such 
free schools. They shall adopt and enforce all necessary rules and 
regulations for the management and government of the schools, and 
shall visit and inspect the same, from time to time, as the good of 
the schools may require. They shall apj)oint all teachers, fix the 
amount of their salaries, and may dismiss them for incompetency, 
cruelty, negligence, immorality, or other suflicient cause. They 
shall have power to assign pupils to the several schools. They 
shall direct what branches of study shall be taught, and what text 
books and apparatus shall be used in the several schools, and 
strictly enforce uniformity of text books therein, but shall not per- 
mit text books to be changed oftener than once in four (4) years. 
They shall have power to purchase, at the expense of the district, 
a sufficient number of the text books used to supply children whose 
parents are not able to buy them. The text books bought for such 
purpose shall be loaned only; and the directors shall require the 
teacher to see that they are properly cared for and returned at the 
end of each term of school. They may suspend or expel pupils 
who may be guilty of gross disobedience or misconduct, and no 
action shall lie against them for such expulsion or suspension; and 
may provide that children under twelve (12) years of age shall not 
be confined in school more than four (4) hours daily. It shall not 
be lawful for a board of directors to purchase or locate a school 
house site, or to purchase, build, or move a school house, or to 
levy a tax to extend schools beyond nine (9) months, without a 
vote of the people at an election called and conducted as required 
in the forty-second (42d) section of this act ; a majority of the votes 
cast shall be necessary to authorize the directors to act : Provided, 
that if no one locality shall receive a majority of all the votes cast 
at such election, the directors may, if in their judgment the public 
interests require it, proceed to select a suitable school house site ; 
and the site so chosen by them shall, in such case, be legal and 
valid, the same as if it had been determined by a majority of the 
votes cast ; and the site so selected by either of the methods above 
proAuded shall be the school house site for such district ; and said 
district shall have the right to take the same for the purpose of a 
school house site, either with or without the owner's consent ; and 
in case the compensation to be paid for such site cannot, for any 
reason, be agreed upon or determined between the school directors 
and the parties interested in the land taken for such site, then it shall 
be the duty of the directors of such district to proceed to have such 
compensation determined in the manner which may be at the time 
provided by law for the exercise of the right of eminent domain : 

—10 



146 



SCHOOLS. 



Provided, that no tract of land lying outside the limits of any incor- 
porated city or village, and lying within forty [40] rods of the 
dwelling house of the owner of the land, shall be taken for a school 
site without the owner's consent." 

"Section 53. Teachers shall keep correct daily registers of their 
schools, which shall exhibit the name, age and attendance of each 
pupil, the day of the week, the month and the year. Said registers 
shall be as nearly as may be in the following form, the absence of 
each scholar being signified by a mark, the presence by a blank, 
viz : 

Eegistbe of a common school kept by A B at in district number , in 

township number range , of the principal meridian, in the connty of , 

in the state of Illinois: 



Names and ages of scholaks 
attending school. 



Names. 



Ages. 



ji- *^ >t- 



^ t4^ I t^ tfi. hj^ »;^ 



g! 1^' :g 1^ '^^ a >^ si H '^ 

^ ^ d j ^ , h^- O , - : CT> ^ ^ J. 



o.'< 



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Oi O =^i ►-^l 



John Smith 

Isaac Meisler 

Sarah Danforth., 
Mary Newman.. 



Grand total number of days. 



1 1 



' 


Males. 


Females. 


Total. 


Number of scholar s 


2 


n 


4 












.S 2 





Said registers shall be furnished to the teachers by the school 
directors, and each teacher shall, at the end of his term of school, 
return his register to the clerk of the school board of the district. 
Teachers shall make schedules of the names of all scholars mider 
twenty-one (21) years of age attending their schools, in the form 
prescribed by this act ; and when scholars reside in two (2) or more 
districts, townships or counties, separate schedules shall be kept for 
each district, township or county. The schedule to be made and 
returned by the teacher shall be, as near as circumstances will per- 
mit, in the following form, viz: 



SCHOOLS. 



147 



Schedule of a common, school kept by at in district number in township 

number , range number , of the principal meridian, in tlie county of in 

the State of Illinois. Names and ages of scholars residing in district number , in 

township number north, range west, county, who have attended my school 

during the time beginning the day of ,18.. and ending the day of 

18 . . , during which time the school was in session school days. 



Names. 



Ages. 



Days 
attended. 



John Smith 

Isaac Meisler 

Sarah IJanforth . 
Mary Newman... 




Grand total number of days' attendance . 



64 







Males. 


Females. 


Total. 


Number of scholars 


2 


2 


4 


Average daily attendance 


3 2 











And said teacher shall add up the whole number of days' attend- 
ance of each scholar, and make out the grand total number of days' 
attendance. He shall also note the whole number of scholars, giv- 
mg the males and females separately, the average daily attendance, 
and shall set the age of each pupil opposite the name of said pupil, 
as in form above prescribed, and shall attach thereto his certificate, 
which shall be in the following form, viz : 

I certify that the foregoing schedule of scholars attending my school, as therein 
named, and residing as specified in said schedule, to the best of my knowledge and be- 
lief, is correct. 

A B , Teacher. 

When the teacher shall have completed his or her schedule or 
schedules, as above required, he or she shall deliver it to some one 
(1) of the directors, who shall give the teacher a receipt for the 
same, and it shall be the duty of said director, in connection with 
one (1) other director of the board, to carefully examine such 
schedule or schedules, and after correcting all errors, if they shall 
find such schedule to have been kept according to law, they shall 
certify to the same, as near as practicable, in the following form, 
viz : 

STATE OF ILLINOIS, I „„ 
County. f^" 

We, the undersigned, directors of (or members of boards of education) ,in 

township number , range number , in the county aforesaid, certify 

that we have examined the foregoing schedule and And the same to be correct, and that 

the school was conducted accordingto law; thatthe teacher is paid as per contract 

dollars per ; that the said teacher has a legal certiiicate of grade, and that 

the property of the district in charge of such teacher has been satisfactorily accounted 
for. 

Witness our hands this day of 18... 



iyirectors. 



148 SCHOOLS. 



Teachers' wages are hereby declared due and payable monthly; 
and upon certifying to the schedule as aforesaid, the directors may 
at once make out and deliver to the teacher an order upon the 
township treasurer for the amount named in the schedule ; which 
order shall state the rate at which the teacher is paid according to 
his contract, the limits of the time for Avhich the order pays, and that 
the directors have duly certified a schedule covering this time. But 
it shall not be lawful for the directors to draw an order until they 
have duly certified to the schedule ; nor shall it be lawful for the 
directors after the date for filing schedules, as fixed by law, to 
certify any schedule not delivered to them before that date by the 
teacher, when such schedule is for time taught before the first 
of July preceding, nor to give an order in payment of the teacher's 
wages for the time covered by such delinquent schedule. If any 
order drawn for the payment of a teacher is presented to the township 
treasurer for payment, and is not paid for want of funds, the treas- 
urer shall make a written statement over his signature by an en- 
dorsement upon such order, with date, showing such presentation 
and non-payment, and shall make and keep a record of such en- 
dorsement. Such order shall thereafter draw interest at the rate of 
eight (8) per cent, per annum, until paid, or until the treasurer 
shall in writing notify the clerk of the board of directors that he 
has funds to pay such order, and of said notice the treasurer shall 
make and keep a record ; and after giving such notice he shall hold 
the funds necessary to pay such order until it is presented for 
payment, and such orders shall draw no interest after tlie giving 
of said notice to said clerk of the board. 

"Section 54. Schedules made and certified as aforesaid, and cov- 
ering all time taught during the school year ending June 30, shall, 
on or before the seventh day of July, annually, be delivered by the 
directors to the township treasurer ; and the directors shall be per- 
sonally liable to the district for any loss sustained by it through 
their failure to examine and deliver to the township treasurer all 
schedules within the time fixed by law. The school month shall be 
the same as the calendar month ; but teachers shall not be required 
to teach upon Saturdays, legal holidays — these being new year's, 
fourth of July, and christmas, and thanksgiving and fast days ap- 
pointed by the national or state authority ; nor shall they be re- 
quired to make up the time lost by closing school upon such days 
or upon such special holidays as may be granted the schools by 
the board of directors." 

"Section 57. ToAvnship treasurers shall loan, upon the following 
conditions, all moneys which shall come to their hands by virtue 
of their office, except such as may be subject to distribution. The 
rate of interest shall not be less than six (6) per cent, nor more 
than eight (8) per cent, per annum, payable half yearly in advance, 
the rate of interest to be determined by a majority of the township 
trustees, at any regular or special meeting of their board. No loans 
shall be made for less than six (6) months, or more than five (5) 
years. For all sums not exceeding one hundred dollars (S^lOO), 
loaned for not more than one (1) year, tAvo (2) responsible sureties 
shall be given ; for all sums over one hundred dollars (^100,) and 
for all loans for more than one (1) year, security shall be given by 



SCHOOLS. 



149 



mortgage on real estate, nnincumbered, in value double the amount 
loaned, with a condition that in case additional security shall at 
any time be required, the same shall be given to the satisfaction of 
the board of trustees for the time being : Provided, that nothing 
herein shall prevent the loaning of township funds to boards of 
school directors, taking bonds therefor, as provided in section forty- 
seven (47) of this act. Notes, bonds, mortgages and other securities 
taken for money or other property, due or to become due to the 
board of trustees for the township, shall be payable to the said 
board by their corporate name ; and in such name suits, actions 
and complaints, and every description of legal proceedings, may be 
had for the recovery of money, the breach of contracts, and for 
every legal liability which may at any time arise or exist, or upon 
which a right of action shall accrue to the use of this corporation : 
Provided, however, that notes, bonds, mortgages and other securities 
in which the name of the county superintendent or of the trustees 
of schools are inserted, shall be valid to all intents and purposes : 
and suit shall be brought in the name of the board of trustees as 
aforesaid. The wife of the mortgagor (if he has one) shall join in 
the mortgage given to secure the payment of money loaned by 
virtue of the provisions of this act. Where there is a surplus of 
funds in the treasurer's hands belonging to any school district, he 
may loan the same for the use and benefit of eaid district, upon 
the written request of the directors of such district, and not other- 
wise ; and all such loans shall be on the same conditions as are 
prescribed in this section for the loaning of township funds. The 
township treasurer shall, on or before the thirtieth (30th) day of 
September, annually, prepare and deliver to the county superin- 
tendent of his county a statement, verified by affidavit, showing the 
exact condition of the township funds. Said statement shall con- 
tain a description of the securities, bonds, mortgages and notes be- 
longing to the township, giving names of securities, dates, amounts 
of loan, rate of interest, when due, and all data by which a full 
understanding of the condition or the funds may be obtained. The 
county superintendent shall preserve said statement for the use of 
the township. 

Appeoved May 31, 1S81. 



APPOINTMENT OF DIRECTOES AND MEMBERS OF BOARDS OF EDUCATION IN 

CITIES. 



1. Amends act of 1879, making it the 
duty of mayors to nominate— 
Council to confirm— Failure to con- 
firm—Vacancies. 



§ 2. Emergency. 

In force May 30, 1881. 



150 SCHOOLS. 



An Act to amend an act to amend section (2) of an act entitled "An act 
to provide for the appointment of school directors and members of 
hoards of education in certain cases," approved May 29, 1879, in 
force Jilhj 1, 1879. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly, That section two (2) of the afore- 
said act be amended so as to read as follows : 

"Section 2. It shall be the duty of the mayor of such city, at 
the first regular meeting of the city council in the month of June, 
1881, to nominate and place before the council for confirmation as 
school directors or members of the board of education, as the case 
may be, two (2) persons from each ward of said city, one (1) from, 
each ward to serve for two (2) years, and one (1) for one (1) year, 
and annually thereafter he shall nominate one (1) from each ward 
to serve for two (2) years, and if the person so appointed shall be 
confirmed by a majority vote of the city council, to be entered of record, 
the persons so appointed shall constitute the board of education, or 
school directors for such school district. Should the council fail to 
confirm any person or persons nominated by the mayor at such 
meeting, he may, at the next, or any subsequent meeting, nominate 
other persons for confirmation, as hereinbefore provided ; and should 
a vacancy or vacancies occur in any board of education or school 
directors, the mayor may, at any regular meeting of the city 
council, fill such vacancy or vacancies in the manner above set 
forth." 

§ 2. Whereas, owing to the necessity for this act to take effect 
in time for the appointment of the officers therein named for the 
present year, an emergency exists, therefore this act shall be 
in force from and after its passage. 

Appeoved May 30, 1881, 



EEGULATBS PAYMENT OF FUNDS TO SCHOOL TEEASUEEES„ 

§ 1. Requires notice to be given to In force July 1, 188L 

presidents of boards and clerks 
of districts, of payment of funds 
to treasurers. 

An Act to regulate the p)ayment of moneys into the hands of township 

school treasurers. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That it shall be the duty of county 
treasurers, county superintendents of schools, towushii) collectors, 
and all other persons paying money into the hands of township 
school treasurers, for school purposes, on or before the thirtieth 
day of September of each year, to notify, in writing, the presidents 
of boards of school trustees and the clerks of the school districts, the 
amount paid into the township treasurer's hands, and the date of 
payment. 

Approved May 30, 1881. 



STATE CHAEITABLE INSTITUTIONS. 



151 



STATE CHAEITABLE INSTITUTIONS. 



ADMISSION OF PATIENTS. 



§ 1. Districts the state for admission of 
patients. 

§ 2. Quota of patients in each eouniy. 

§ 3. Counties required to make settle- 
ments for pauper patients. 

§ 4. In ease of neglect of counties to 
make settlement, mandamus may 
issue. 



§ 5. Beds not assigned to counties may 
be used without regard to coun- 
ties. 

§ 6. Transfer of patients to proper dis- 
trict. 

§ 7. Repeals of new laws. 
In force July 1, 1881. 



An Act to secure equality among the counties in the matter of the ad- 
mission of jjatients into the state hosjntals for the insane; and to 
provide for the transfer of jiatients from one hospital to another; 
and for settlement with such hospitals by the counties; and to repeal 
former acts iipon the same subject. 

Section 1. Be it enacted by the People of the State of Illinois, 
•represented in the Genercd Assembly, That from' and after the first 
of July, 1881, the state shall be divided into four (4) districts, tor 
the purpose of regulating the admission of patients into the state 
hospitals for the insane, as follows : 

The Illinois Northern Hospital for the Insane, at Elgin, shall he 
set apart for the accommodation and care of the insane of the 
counties of Boone, Carroll, DeKalb, DuPage, JoDaviess, Kane, Kendall, 
Lake, LaSalle, Lee, McHenry, Ogle, Stephenson, Whiteside, Winne- 
bago, and a portion of the insane of Cook county. 

The Illinois Eastern Hospital for the Insane, at Kankakee, shall 
be set apart for the insane of the counties of Ford, Grundy, Iroquois, 
Kankakee, Livingston, Vermilion, Will, Champaign, and a portion 
of the insane of Cook county. 

The Illinois Central Hospital for the Insane, at Jacksonville, 
shall be set apart for the insane of the counties of Adams, Brown, 
Bureau, Calhoun, Cass, Christian, DeWitt, Fulton, Greene, Hancock, 
Henderson, Henry, Jersey, Knox, Logan, Macon, Macoupin, Marshall, 
Mason, McDonough, McLean, Menard, Mercer, Montgomery, Morgan, 
Peoria, Piatt, Pike, Putnam, Kock Island, Sangamon, Schuyler, Scott, 
Stark, Tazewell, Warren and Woodford. 

The Illinois Southern Hospital for the Insane, at Anna, shall be 
set apart for the insane of the counties of Alexander, Bond, Clark, 
Clay, Clinton, Coles, Crawford, Cumberland, Douglas, Edgar, Ed- 
wards, Efdngham, Fayette, Franklin, Gallatin, Hamilton, Hardin, 
Jackson, Jasper, Jefferson, Johnson, LawTence, Madison, Marion, 
IMassac, Monroe, Moultrie, Perry, Pope, Pulaski, Piandolph, Pdch- 
land. Saline, Shelby, St. Clair, Union, Wabash, Washington, Wayne, 
White and Williamson. 

§ 2. Each of the counties of this state shall hereafter be entitled 
to have and keep in the hospital,' at all times, a number of patients 
proportioned to its population, in the ratio of one (1) patient to every 
two thousand (2000) of the population of said county, as shown by 
the census of 1880, as per the following schedule : 



152 



STATE CHARITABLE INSTITLTIONS. 



Counties. 


Number 

of 
patients. 


Counties. 


Number 

of 
patients. 


Adams.. 


30 

7 

7 

6 

7 
17 

4 

8 

7 
20 
14 
11 

8 

9 

14 

304 

8 

13 

9 

8 

10 
13 

4 

9 

12 

8 

8 
21 

6 
12 

8 1 

8 i 
18 

3 1 

•^ 1 
18 

18 

11 

10 

8 
14 

7 
22 
12 

7 
20 
]1 
35 

7 


Lee. 


14 


Alexander 




19 


Bond 


Logan 


13 


Boone 


Macon. 


15 


Brown, 


Macoupin 


19 


Bureau. 


Madison 


25 


Calhoun 


Marion. 


12 


Carroll... 


Marshall. 


8 




Mason. . 


8 


Champaign. 


Massac 


5 






14 


Clark 


i McHenry 


12 


Clay, . . 


McLean 


30 


Clinton 


Menard 




Coles 


Mercer 


10 


Cook 


i Monroe 


7 




Montgomery 


14 


Cumberland, 


Morgan 


16 


DeKalb 


Moultrie 


7 


DeWitt 


Ogle 


15 




Peoria. 


28 


Dul'age 


Perry.. 


8 




Piatt. 


8 


Edwards 


Pike.. 


17 




Pope 


7 


Fayette. 


Pulaski. . . 


5 


Ford 


- Putnam 


3 


Franklin 


Randolph 


13 


Fulton 


Richland 


8 


Gallatin 


Rook Island 


19 




Saline 


8 


Grundy 


Sangamon 


26 


TTaiTtilton 


Schuyler. 


9 


Hancock 


Scott. . 


5 




Shelby 


15 


Henderson . 


Stark. 


6 


Henry 


St. Clair 


31 


Iroquois 


Stephenson 


16 




Tazewell.. 


14 


Jasper 


Union. 

Vermilion 

Wabash 

Warren 


9 




"1 


Jersey 


5 


Jo Daviess 


12 


Johnson . .. . 


Washington 

Wavne 

White 


11 


Kane 


11 


Kankakee 


12 




Whiteside 


15 


Knox 


Will, 


27 


Lake 


Williamson 


10 


LaSalle 


Winnebago ... 


15 


Lawrence 


Woodford 


11 









Of the three hundred and four (304) beds assigned to the county 
of Cook, seventy-five (75) shall be in the hospital at Kankakee, and 
two hundred and twenty-nine (229) at Elgin, and the county court 
of said county shall have the right to send smj mdividual patient to 
one or the other of the said hospitals, at the discretion of the court, 
in accordance with the circumstances in each case, but not exceed- 
ing the quota herein named. 

§ 3. The county board, or board of supervisors, as the case may 
be, of all counties from which there are or hereafter may be patients 
committed as paupers to either of the state hospitals for the insane, 
is hereby directed and required to make settlement in full, as often 
as once in every six (6) months, for all just charges for clothing 
and other proper incidental expenses, and to pay the amount due 
said hospitals in money, or negotiable paper worth its face without 
discount. 



STATE CHARITABLE INSTITUTIONS. 153 



§ 4. In case any county shall fail and refuse to pay any just 
and reasonable account presented by any of the state hospitals for 
the insane, and the same shall remain unpaid for one (1) year after 
it is due, then the trustees of the said hospital shall apply to the 
circuit court in and for the said delinquent coimty, for a writ of 
mandamus upon the county treasurer of said county, requiring him 
to pay the said over-due account ; and, upon proof made of the jus- 
tice of the claim, the circuit court shall issue such writ. 

§ 5. Ail beds not assigned to the several counties, as per schedule 
in section two (2) of this act, shall be reserved for the reception and 
care of recent cases of insanity, or other cases having special claim 
to relief, without respect to the counties from which such cases are 
sent ; and in case the hospital at Kankakee shall be completed or 
partially completed before the next session of the general assembly, 
the trustees may admit patients, at discretion, from outside the dis- 
trict in which said hospital is situated ; but they shall give the 
preference to applications for the admission of such patients as are 
capable of labor on and about the grounds of the hospital, in order 
that the state may receive the benefit of such labor. 

§ 6. Any patients who may be in any state hospital for the 
insane from outside the limits of the district for which said hospital 
is designed, as expressed in the first section of this act, shall, as 
soon after this act takes effect as may be convenient, be transferred 
to the hospital in and for the district to which they belong ; and the 
expenses of such transfer shall be defrayed from the state treasury, 
in the same manner as the cost of conveying convicts to the peni- 
tentiary is defrayed : Pi'ovided, that the bills rendered for this ser- 
vice shall show all the items of expense actually incurred, and be 
accompanied by sub-vouchers for each item, and no amount shall be 
allowed or paid by the auditor of public accounts in excess of such 
actual expense. 

§ 7. An act entitled "An act to secure equality among the coun- 
ties in the matter of the admission of patients into the state hospitals 
for the insane," approved April 10, 1875, and an act entitled "An 
act to secure equality among the counties in the matter of the admis- 
sion of patients into the state hospitals for the insane, and to pro- 
vide for settlement with such hospitals by the counties,"' approved 
May 25, 1877, are hereby repealed, 

Appeoved May 28, 1881. 



154 



SURVEY. 



SUEVEY. 



UNITED STATES COAST AND GEODETIC SURVEY. 



§ 1. Authorizes entrance upon lands and 
erection of necessary works there- 
on. 

§ 2. Failure to agree as to amount of 
damages— May condemn land. 



3. Penalty for destruction of land- 
marks or signals. 

In force July 1, 1881. 



An Act relating to the operations of the United States coast and 

geodetic survey. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That any person employed under 
and by virtue of an act of congress of the United States, approved 
the tenth day of February, one thousand eight hundred and seven, 
and of the supplements thereto, for the survey of the coasts of the 
United States, or, under the direction of congress, to form a geo- 
detic connection between the Atlantic and Pacific coasts, and to 
furnish triangulation points for state surveys, may enter upon lands 
within this state, for the purpose of exploring, triangulating, level- 
ing, surveying, and of doing any other act which may be necessary 
to carry out the object of said laws, and may erect any works, sta- 
tions, buildings and appendages requisite for that purpose, doing no 
unnecessary injury thereby. 

§ 2. If the parties interested cannot agree upon the amount to 
be paid for damages caused thereby the United States of America 
may proceed to condemn said land, as provided by "An act to pro- 
vide for the exercise of the right of eminent domain," approved 
April 10, 1872, in force July 1, 1872. 

§ 3. If any person shall willfully deface, injure or remove any 
signal, monument, building, or other property of the United States 
coast and geodetic survey, constructed or used under or by virtue 
of the acts of congress aforesaid, he shall forfeit a sum not exceed- 
ing fifty dollars for each offense, and shall be liable for damages 
sustained by the United States, in an action on the case in any 
court of competent jurisdiction. 

Approved April 21, 1881. 



TENEMENT HOUSES. 155 



TENEMENT HOUSES. 



INSPECTION EEQUIEED IN CITIES OF 50,000 INHABITANTS. 



§ 4. Penalty for violation by architects 
§ 5. Penalty for violation Ijy plumbers. 
§ 6. Emergency. 

In force July 1, 1881. 



§ 1. Architects and builders to file plans 
of buildings with health commis- 
sioners—Approval of same as to 
ventilation, etc. 

§ 2. Plumbers to receive written instruc- 
tions from health^commissioners. 

§ 3. Plumbers to notify health commis- 
sioners on completion of work- 
Inspection of same. 

An Act for the regulation and inspection of tenement and lodging 
houses, or other places of habitation. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That it shall be the duty of 
any architect or architects, builder or builders of, or other person 
or persons interested in any projected tenement, lodging house, or 
other places of habitation, in any incorporated city of fifty thousand 
(50,000) inhabitants, to submit plans and specifications of any such 
building or buildings to the health commissioner or commissioners 
of such incorporated city ; that the said health commissioner or 
commissioners may examine the said plans and specifications, for 
his or their approval or rejection, as to the proposed plans for the 
ventilation of rooms, light and air shafts, windows, ventilation of 
water closets, drainage and plumbing. 

§ 2. It shall be the duty of any plumber or other person or 
persons interested in the contract for the plumbing w^ork of such 
building or buildings, to receive a written certificate of instruction 
from the health commissioner or commissioners before commencing 
work on the said building or buildings, and to proceed according to 
the plans, specifications and instructions, as approved by the health 
commissioner or commissioners of said city. 

§ 3, It shall be the duty of any plumber or other person or persons 
interested in the plumbing work, after the completion of said plumb- 
ing work, and before any of the said plumbing work is covered up 
in any building or buildings, or on the premises connected with said 
building or buildings, to notify, in writing, the health commissioner 
or commissioners that said building or buildings, or other premises, 
are now ready for inspection, and it shall be unlawful for any 
plumber or other person or persons to cover up or in any way con- 
ceal such plumbing work in or about such building or buildings 
until the health commissioner or commissioners approve of the same. 

§ 4. If any architect or architects, builder or builders, violate 
the provisions of this act, he or they shall be fined in a sum not 
less than one hundred (100) nor more than two hundred (200) 
dollars for each offense. 

§ 5. If any plumber or other person or persons interested in the 
plumbing work violate any of the provisions of this act, he or they 
shall be fined in the sum not less than one hundred (100) nor more 
than two hundred (200) dollars for the first ofl^ense, and the further 



156 A^NUE. 



penalty of ten dollars ($10) for each and every day such plumbers or 
other interested person or persons shall, after first conviction, neg- 
lect or refuse to comply with any provisions of this act, or the 
written instructions of the health commissioner or commissioners, 
and for the second offense a like penalty and a forfeiture of his or 
their license to do business in said city for one (1) year after con- 
viction. 

§ 6. [Emergency.] Inasmuch as the health of the people is en- 
dangered, an emergency exists, requiring this act to take effect im- 
mediately, therefore this act shall take effect and be in force from 
and after its passage. 

Appeoved May 30, 1881. 



VENUE. 



CAUSE OF CHANGE. 

§ 1. Amends section 21, act 1879. I Affidavit of two persons, to remove 

I prejudice to judge. 

An Act to amend section twenty-one (21) of an act entitled "An act 
to revise the law in relation to change of venue.'' 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section twenty-one of an 
act entitled "An act to revise the law in relation to change of 
venue," in force July 1, 1874, as amended by an act in force July 
1, 1879, be and the same is hereby amended so as to read as fol- 
lows : 

"Section 21. When the cause for a change of venue is the pre- 
judice of the judge, or any two of them, the petition shall be 
accompanied by the affidavits of at least two reputable persons, 
residents of the county, and not of kin or counsel to the applicant, 
stating that they believe the judge, or any two of them, as the case 
may be, are so prejudiced against the applicant that he can not have 
a fair and impartial trial; and thereupon the case may be tried by 
any other of the circuit judges of the circuit in which the case is 
pending, and the venue shall not be changed from the county in 
which the indictment is found in such case." 

Approved May 31, 1881. 



WATER "WORKS. 157 



WATEE WOEKS. 



PERMITS CHANGE OF SOURCE OF SUPPLY. 

,*! 3. Emergency. 



In force May 27, 1881. 



§ 1. Cities owning or operating water 
works permitted lo change source 
of supply. 

§ 2. Board ot water commissioners or 
city council may construct, lease 
and maintain wells, witli the ap- 
proval of a majority ot legal voters 
—Surplus earnings only to be ex- 
pended for such purpose. 

An Act to aid cities oivning or operating ivater works to secure an ad- 
ditional or better supply of pure water. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented^ in the General Assembly, That all cities owning or op- 
erating water works under any charter granted by act of any gen- 
eral assembly of this state, or under the general incorporation 
laws of this state, whether by boards of water commissioners or by 
of!icers appointed for that purpose, are hereby granted the following 
powers and privileges, for the purpose of increasing or bettering the 
source of supply from which such water is obtained. 

§ 2. Whenever, in the judgment of a majority of any board 
of water commissioners, or, if there be no such board, then in the 
judgment of a majority of the city council of any city owning or 
operating such water works, it shall be necessary for the public health, 
or for any other cause, to increase the source of water supply, or 
to substitute for it such better source as, in their judgment, the in- 
terests of such city may demand, such board of water commission- 
ers or city council may, in addition to the powers already con- 
ferred upon them by act of any general assembly of this state, con- 
struct wells, either by boring or excavation, and protect and equip 
the same after construction, or may lease water privileges from 
private parties or corporations owning wells already or hereafter to 
be constructed, and may pay for such construction or lease, and 
for the expenses maintained in operating the same, out of any 
earnings of such water works under their control which 
may be in their hands at the time of the taking effect 
of this act, or which may accrue to them hereafter: Provided, 
that no money shall be expended under the provisions of this act, 
for the purposes herein specified, until the question of the expendi- 
ture of such money for the purposes aforesaid shall have been sub- 
mitted to a vote of the people of the city in which such water works 
may be situated, at any election for city officers or special election 
called for that purpose by the city council of said city, and shall 
have received a majority of the votes cast at such election : Pro- 
vided, further, that no money shall be expended under the provisions 
of this act, for the purposes aforesaid, other than the surplus earn- 
ings of such water works. 

§ 3. Whereas an emergency exists, this act shall be in force 
from and after its passage. 

Approved May 27, 1881. 



158 WILLS. 



WILLS. 



§1. Probate of wills— Evidence and depositions. 

An Act to amend section four (4) of an act entitled "An act in regard 
to ivills," approved March 20, 1872, in force Jidy 1, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That section four (4) of an act 
entitled "An act in regard to wills," approved March 20, 1872, in 
force July 1, 1872, be amended so as to read as follows : 

"Section 4. When any will, testament or codicil shall be produced 
to the county or probate courts for probate of the same, and any wit- 
ness attesting such will, testament or codicil shall reside without the 
limits of this state, or the county in which such will, testament or 
codicil is produced for probate, or shall be unable to attend said 
court, it shall be lawful for such county or probate court, upon the 
application of any person asking for probate thereof, and upon such 
notice to persons interested as such county or probate court may, 
by special order, direct, to issue a dedimus potestatem, or commis- 
sion, under the seal of the court annexed to such will, testament or 
codicil, together with such interrogatories in chief and cross-inter- 
rogatories as may be filed in said court, or as said court may direct 
to be propounded to such witness or witnesses, touching the execu- 
tion of such will, testament or codicil, which commission shall 
be directed to any judge, master in chancery, notary public, 
justice of the peace, mayor or other chief magistrate of a city, 
United States consul or vice-consul, consular agent or sec- 
retary of legation, authorizing and requiring him to cause 
such witness or witnesses to come before him at such time and 
place as , he may designate and appoint, and faithfully to take his, 
her or their depositions, on oath or affirmation, upon all such interrog- 
atories as may be enclosed with or attached to such commission, 
and none other, and certify the same when thus taken, together 
with the said commission and interrogatories, into the court out of 
which such commission issued, with the least possible delay. When 
so taken and returned unto the court, such deposition or deposi- 
tions shall have the same operation, force and effect, and such will, 
testament or codicil shall be admitted to probate in like manner, 
as if such oath or affirmation had been made in the court from 
whence such commission issued. Whenever a commission shall 
issue to any officer above mentioned, not by name but simply by 
his official title, then the seal of his office attached to his certificate 
shall be sufficient evidence of his identity and official character." 

Approved May 27, 1881. 



JOINT RESOLUTIONS. 159 



JOINT KESOLUTIONS. 



SENATE. 



CONCERNING PRESENTATION OF PORTRAIT OF HON. STEPHEN T. LOGAN. 

Whereas, the late Stephen T. Logan was alike distmgiiished as a 
lawyer and legislator of this state, and his family have signified 
their intention to present to the state, as a fixture of the supreme 
court room in this capitol, his life-size portrait by the artist Healy ; 
therefore. 

Resolved by the Senate, the House of Piepresentatives concurring herein. 
That the judges of the supreme court be requested to receive, on 
behalf of the state, the portrait aforesaid, and that they make such 
order as to its disposition as they deem proper, and consistent with 
the object of the donation. 



CONCERNING CHICAGO SEWAGE IN ILLINOIS AND MICHIGAN CANAL. 

Whereas, the state of Illinois, in general assembly, did, on the 
sixteenth day of February, 1865, grant and authorize the city of 
Chicago, in the state of Illinois, to deepen the Illinois and Michigan 
canal for the purpose of, and with the intent to better the system 
of sewerage of the said city of Chicago by permitting a free flow of 
water from Lake Michigan through the Chicago river and said ca- 
nal to the DesPlaines and Illinois rivers ; and the city of Chicago 
did perfect said improvement in conformity with said permission ; 
and 

Whereas, the great fire in the said city of Chicago on the eighth and 
ninth days of October, A. D. 1871, did so greatly damage the assess- 
able property of a very large number of its citizens and taxpayers, 
and the People of the State of Illinois did, by its general assembly, 
refund to the said city of Chicago the amount of the cost of 
deepening the Illinois and Michigan canal, said sum refunded being 
in gross two millions nine hundred and fifty-five thousand three 
hundred and forty dollars ; and 

Whereas, the deepening of the canal as aforesaid has proved to 
be totally inadequate for the purposes intended, and the large 
amount of sewage of the city of Chicago being far greater than the 



160 JOINT RESOLUTIONS. 



capacity of the canal and the water now passing through it to 
deodorize and render innocuous ; and 

Whereas, the foulness of the water annually causes the death of 
millions of fish in the DesPlaines and Illinois rivers, that float to 
the shores and decay; and 

Whereas, said sewage, in an entirely undecomposed and putrid 
mass, is carried by the current of the canal into the DesPlaines 
river, and thence into the Illinois river, and in its foulest conditions 
is thus transported to and below the city of Peoria, in said state, 
rendering the air, at all points along its passage, so impure and 
foul as to be exceedingly offensive, and taking with it germs of dis- 
ease of all kinds prevalent in the city of Chicago, and thus spreading 
them broadcast through the entire DesPlaines and Illinois river valleys, 
causing thereby much illness as well as poisoning of the blood, and 
debilitating the systems of 200,000 people ; and 

AVhereas, careful investigation leads our people to fear that an 
epidemic may spread over said section of the state of Illinois from 
the causes above stated; and 

Whereas, in addition to the above distress, there has been a great 
loss to property, business industries, and to the communities in said 
region, by reason of the causes herein mentioned ; and 

Whereas, prior to the deepening of said Illinois and Michigan 
canal, the water necessary for all purposes of navigating said canal 
and propelling of machinery was obtained from the DesPlaines river 
and the Calumet feeder, through Lane's lake ; and 

Whereas, the bed of the DesPlaines river, at the Summit and 
thence westward along the line of and adjacent to the canal, is, at 
a low stage of water, eight (8) feet above the surface level of the 
canal, and will average a supply of water sufficient for all canal 
and power purposes during the seasons of navigation ; and 

Whereas, the supplying of the canal from these sources will so 
dilute and weaken the sewage of the city of Chicago, as to greatly 
relieve it of its foulness and stench, to the great delight, relief and 
health of the people near to and bordering upon the line of the 
canal, the DesPlaines and Illinois rivers ; therefore, be it 

Resolved by the Senate, the House of Representatives concurring 
herein, That the Board of Canal Commissioners of the Illinois and 
Michigan canal be, and they are hereby, directed to cause sluice- 
ways of sufficient capacity, with the proper guard-gates, to be opened 
from the DesPlaines river to the canal, at or near the Summit, in 
Cook county, and at or near Lemont, in Cook county, and also to con- 
struct a dam across the former Calumet feeder at such suitable point 
as will cause the waters from Lane's lake to fiow into the canal; 
that said canal commissioners shall immediately commence, construct 
and improve said sluices and feeders in the order named, and pay 
for the same out of any moneys in their hands or control as canal 
commissioners, resulting from the earnings of the canal. The 
amount to be expended as above designated in the prosecution of 
said improvement shall not, however, exceed the sum of ten thous- 
and dollars : Provided, that the canal commissioners shall first 
confer with the mayor or other proper authorities of the city of 
Chicago, and if said city shall proceed without delay to cause a 



JOINT RESOLUTIONS. 161 



flow into the canal from the Chicago river sufficient to dilute and 
purify the waters, and thus remedy the evils complained of, said 
flow to be not less than 60,000 cubic feet per minute, including the 
ordinary flow into the canal from the Chicago river, or so much 
thereof as in their judgment said canal can carry, and if this shall 
be accomplished by the first day of September, 1881, the commission- 
ers shall accept it in lieu of obtaining a supply of water from the other 
sources named : Provided, further, that said commissioners are 
hereby directed to take care of the 60,000 cubic feet per minute, 
above contemplated, if so furnished by the city of Chicago : Pro- 
vided, further, that the adoption of this resolution shall not commit 
the state to a system of permanent drainage of Chicago sewage 
through either the canal or DesPlaines or Illinois rivers, but that 
the state reserves the right to require the city of Chicago, in future 
years, to take care of its sewage through other channels : And, pro- 
vided, further, that if the said city of Chicago shall erect pumping 
works for the purpose of causing such flow as aforesaid, the canal 
commissioners shall allow the said city to erect said pumping works 
upon the canal lands in Bridgeport ; and said city shall support, 
control and manage said pumping works, subject to the direction of 
the canal commissioners, relative to the amount of water to be 
received into the canal, from time to time, as the exigencies of the 
canal may require, but at the expense of the said city of Chicago : 
Provided, further, that the city of Chicago, its officers, agents or em- 
ployes, shall derive from this resolution no right to control or 
exercise any authority over any of the gates, locks or dams of said 
canal. 



CONCERNING THE SPREAD OF PLEURO-PNEUMONIA AMONG CATTLE. 

Whereas, the interests of this state have already sustained serious 
injury by reason of the restrictions thrown around the exportation 
of _ cattle from this country into Great Britain, such restrictions 
being based upon the supposed prevalence of the disease known as 
"pleuro-pneumonia" among cattle in parts of the eastern states of 
this Union, and are exposed to still further injury from the possible 
dissemination of said disease among the cattle of this state ; there- 
fore, be it 

Resolved by the Senate, the House of Representatives concurring herein, 
That our representatives in congress be requested, and our senators 
be instructed, to use their influence and endeavors to have the 
congress of the United States enact such laws as shall tend to ter- 
minate and bring to an end, in the United States, the disease 
known as pleuro-pneumonia among cattle, and estabhsh, by national 
authority, a rigid system of inspection of all cattle for the export 
trade. 

—11 



162 JOINT RESOLUTIONS. 



CONCERNING PRINTING FOR THE GENERAL ASSEMBLY. 

Resolved by the Senate, the House of Representatives concurring herein, 
That there be printed once each week, for the use of the general 
assembly, 200 copies of the Senate synopsis of bills and House bills 
in Senate, and ciOO copies of House synopsis of bills and Senate 
bills in House ; that the said synopsis show the number of the bill, 
by whom introduced, abstract of title, and condition of the bill ; 
that the secretary of state be instructed to have the order to print 
issued- as of class 2, and that the work be set, each bill, in a para- 
graph, without rules, and with one lead between each paragraph. 



CONCERNING THE APPOINTMENT OF A JUSTICE TO SUCCEED JUSTICE SWAYNE 
IN THE UNITED STATES SUPREME COURT. 

Whereas, it is currently reported that a vacancy will soon occur 
in the Supreme Court of the United States occasioned by the resig- 
nation of Mr. Justice Swayne ; and 

Whereas, the seventh judicial circuit has now no representative 
in said court; therefore, be it 

Resolved by the Senate of the State of Illinois, the House of Repre- 
sentatives concurring herein, That the president of the United States 
be and he is hereby respectfully asked, in case such vacancy occurs, 
to nominate to fill the same some qualified person from the seventh 
judicial circuit. 

Resolved, That the secretary of state be instructed to at once for- 
ward a copy of this resolution to the president of the United States. 



CONCERNING MICHAEL DAVITT. 

Be it resolved by the Senate of the State of Illinois, the House of 
Representatives concurring herein. That we regard the arbitrary action 
of the British government in re-arresting Michael Davitt and sus- 
pending the Irish representatives in Parliament, as a flagrant viola- 
tion of popular rights, a menace to constitutional liberty, and cal- 
culated to intensify the spirit of just opposition it was intended to 
crush. 

Resolved, That our heartiest sympathy is extended to the Irish 
people in their struggle for their natural and inherent rights, and 



JOINT RESOLUTIONS. 163 



that we hope to see their love of hberty soon crowned with the 
blessing of national independence. 

Resolved, That we approve and admire the able and untiring efforts 
of that noble patriot, Hon. C. S. Parnell, to secure an equitable 
arrangement of the Irish land question, and obtain a just recogni- 
tion of the rights of the tillers of the soil. 



INSTRUCTING THE ATTORNEY-GENERAL TO INSTITUTE LEGAL PROCEEDINGS 
AGAINST THE KANIvAKEE RIVER IMPROVEMENT COMPANY. 

Whereas, the attorney-general did, on the 4th day of February, 
A. D. 1881, in answer to a resolution of the senate, submit his 
opinion as to the rights of "The Kankakee Eiver Improvement 
Company," claiming to be the successors of "The Kankakee and 
Iroquois Navigation and Manufacturing Company," that said com- 
pany had forfeited every right to exist longer, by reason of its con- 
tinued and persistent violation of every promise it had made, and 
that by an application to the courts, by quo warranto or scire facias, it 
would be declared to have forfeited all its rights, and the state 
would be reinstated in all its natural and supreme control of those 
waters ; therefore, be it 

Resolved by the Senate, the House of Representatives concurring 
herein, That the attorney-general be and is hereby instructed to 
immediately institute such legal proceedings as he may deem most 
expedient in behalf of the state, to judicially determine the rights 
of the state in such waters, in accordance with the views expressed 
in said opinion. 



asking an APPROPRIATION FROM CONGRESS TO IMPROVE THE KANKAKEE 

AND IROQUOIS RIVERS. 

Whereas, the Kankakee river, in the state of Illinois, can be 
made navigable through the counties of Will and Kankakee to the 
Indiana state line, a distance of nearly fifty miles ; and 

Whereas, the Iroquois river can be made navigable from the 
place where it empties into the Kankakee river to the Indiana state 
line, a distance of forty-five miles ; and 

Whereas, the United States surveys show that such improvement 
is perfectly feasible ; and 



164 JOINT RESOLUTIONS. 



Whereas, the legislature of the state of Indiana has passed a 
joint resolution, asking congress to appropriate one hundred thou- 
sand dollars to improve said rivers in the state of Indiana ; there- 
fore, be it 

Resolved by the Senate of the State of Illinois, the House of Repre- 
sentaiives concurring herein, That our senators in congress be in- 
structed and our representatives requested to urge and favor an 
appropriation of one hundred thousand dollars by the general gov- 
ernment, to improve said Kankakee and Iroquois rivers. 

Resolved, That the secretary of state forward a copy of this reso- 
lution to each member of congress from the state of Illinois. 



CONCERNING JOINT COMMISSION TO REPORT ON CONDITION OF CHRONIC 

INSANE. 

Whereas, the county boards of twenty-eight counties of this state 
have memorialized the present general assembly, praying that this 
body would make such additional provision for the chronic insane 
as may be found necessary, either by enlarging the present institu- 
tions, or by establishing new ones, or by aiding and assisting the 
counties properly to care for their insane ; and, 

Whereas, it is believed that there are nearly or quite four thousand 
insane persons in the state, of whom about two thousand only are 
provided for in the state institutions ; and, 

Whereas, there are probably not less than twelve hundred insane 
persons upon the county farms and county poor farms ; therefore, 
l3e it 

Resolved by the Senate, the House of Representatives concurring 
herein. That a joint commission of the general assembly, to consist 
of three members of the house and two members of the senate, 
be appointed by the president of the senate and speaker of the 
house of representatives, to consider the whole subject of the con- 
dition and necessities of the insane of Illinois, and to report to the 
next general assembly, by bill or otherwise. 

Resolved, That the commissioners herein provided for shall not 
receive, for the services required of them, a sum in excess of five 
dollars each per day, for so many days as may be necessary for 
their investigations, and for the preparation of their report, not ex- 
ceeding thirty days in all, but their actual reasonable traveling ex- 
penses shall be paid. 



JOINT KESOLUTIONS. 165 



HOaSE. 



CONCEENING CANVASS OF VOTES FOR STATE OFFICERS. 

Resolved by the House of Represeiitatives, the Senate concurrifig 
thereiyi, That the two houses meet in joint session in the hall of 
representatives, on Friday, the 7th day of January, A. D. 1881, at 
the hour of ten o'clock A. M., for the purpose of canvassing the re- 
turns of election held on the 2d day of November, A. D. 1880, for 
state officers, as required by law. 



CONCERNING OFFICIAL NOTIFICATION TO STATE OFFICERS OF THEIR 

ELECTION. 

Resolved by the House of Representatives, the Senate coHcurring 
therein, That a joint committee of three on the part of the house, 
and two on the part of the senate, be appointed to wait on the 
Hon. Shelby M. Callom and inform him of his election to the office 
of governor of this state ; that they also inform the Hon. John M. 
Hamilton of his election to the office of lieutenant-governor ; that 
they also inform the Hon. H. D. Dement of his election to the 
office of secretary of state ; that they also inform the Hon. Charles 
P. Swigert of his election to the office of auditor of public accounts 
•of the state of Illinois ; that they also inform the Hon. Edward 
Kutz of his election to the office of state treasurer of the state of 
Illinois ; that they also inform the Hon. James McCartney of his 
election to the office of attorney-general, and inquire of them at 
what hour on the second Monday of January, 1881, they will meet 
ihe two houses for the purpose of taking the oath of office. 



CONCERNING INAUGURAL CEREMONIES. 



Resolved by the House of Representatives, the Senate concurring 
therein, That the two houses meet in joint session at the hour of "2 
o'clock P. M., on the 10th day of January, 1881, for the purpose of 
witnessing the inauguration ceremonies of the governor and other 
state officers elect. 



166 JOINT RESOLUTIONS. 



CONCERNING GRANTING OF PENSIONS TO SURVIVORS OP BLACK HAWK, 
MEXICAN AND FLORIDA WARS. 

Whereas, it has been the pohcy of the United States govern- 
ment to grant pensions to the patriotic soldiers who upheld and 
maintained the hour and perpetuity of the Union, from the organ- 
ization of the government ; therefore, 

Resolved by the House of Representatives of the State of Illinois, the 
Senate concurring herein, That our senators be instructed and our 
representatives be requested to advocate the passage of laws pro- 
viding for the granting of pensions to all living soldiers of the gov- 
ernment who were in the service of the government in the Black 
Hawk, Florida and Mexican wars, and to all widows of such 
soldiers, excluding therefrom all persons who took up arms against 
the government in the rebellion, or who held office under the con- 
federate government during such rebellion. 



CONCERNING EMPLOYES OF GENERAL ASSEMBLY APPOINTED BY THE SECRE- 
TARY OF STATE. 

Resolved by the House of Representatives, the Senate concurring' 
herein, That the secretary of state is hereby directed and author- 
ized to appoint the following employes, who shall serve during the 
session of this general assembly, who shall be paid from the moneys 
appropriated by 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, approved May 29, 
1879, in force July 1, 1879 : Provided, that no preference shall be 
given to any one by said secretary on account of race, color, reli- 
gion or politics, but fitness for the duties to be performed shall 
alone govern the secretary : 

Section 1. A practical printer at the office of the contractor for 
first class of public printing, to read proof of bills, at two dollars 
and a half per day. 

Section 2. A practical book-binder, to estimate the amount of 
paper in each book returned from printer, and to pass on all work 
done by the binder, at two dollars and a half per day. 

Section 3. One messenger to carry manuscript bills to printer, at 
two dollars per day. 

Section 4. One superintendent of janitors, at two dollars and a. 
half per day. 

Section 5. One janitor to act as assistant superintendent, at two 
dollars per day. 1 



JOINT RESOLUTIONS. 167 



Section 6. One janitor for private office and clerk's room of 
secretary of state, at two dollars per day. 

Section 7. One janitor for the library and indexing department, 
at two dollars per day. 

Section 8. And the following employes, who shall each receive 
two dollars per day • To attend to the gates, walks and approaches 
to the building, and to keep the north and east front steps free from 
snow, ice, mud, etc., two men — these two men, when not otherwise 
engaged, to assist in loading and unloading heavy packages received 
and shipped by the package department, and to do other necessary 
work in the basement. 

Section 9. For supplying the house and senate tanks with ice 
and well water, and attending to the various other tanks in the 
rotunda and corridors, one man. 

Section 10. . For the north, east and south grand corridors, one 
man each. 

Section 11. For grand stairway and marble tiling from the law 
library, below, to the geological museum above, including water- 
closet No. 14, two men. 

Section 12. For the south stairway from the first floor, including 
entrance to the house of representatives and the space fronting art 
gallery, to fly-door of the east lobby corridor, one man. 

Section 13. For the north stairway from first floor, embracing 
entrance to senate chamber, and the space fronting art gallery, 
telegi'uph room, and hall leading thereto, to the east lobby corridor 
of senate, one man. 

Section. 14. For the rotunda gallery and halls, including four 
stairways g^nd two water-closets, two men. 

Section lo. For cleaning spittoons and cuspidors of the house 
and senate committee rooms, corridors, etc. (which work will have 
to be performed principally at night), three men. 

Section 16. Tor raising flag on top of the dome during sessions 
of the general as^^embly, and keeping the flag-hoisting apparatus 
and machinery in the lantern in order, etc., and who shall also 
assist m any generaV work assigned them, two men. 

Section 17. For ationding to the shipping and packing rooms, and 
for the proper dispatch of the work of that department, three men. 

Section 18. To preven*-, idle and mischievous persons from loiter- 
ing in the basement and tther corridors, and purloining coats, hats, 
etc., three men, who shall -act as police, one to be assigned to each 
floor. 

Section 19. To attend to lighting gas in house and senate ro- 
tunda corridors, water-closets hvA other rooms, and to see that no 
gas is wasted or left burning 1-4 any of the rooms or closets, to 
keep the globes in a cleanly condition, and to repair all defective 
burners, one man. 

Section 20. Two carpenters, each \,wo dollars per day. 



168 JOINT RESOLUTIONS. 



CONCERNING THE CONSTRUCTION OF AN ELEVATOR. 

Resolved by the House of Representatives, the Senate concurring therein, 
That the secretary of state be authorized, and is hereby required, 
to procure the construction of an elevator in the capitol building, 
for the use of the senate and house of representatives, and that the 
same be completed and ready for use as soon as possible. 



CONCERNING LEGISLATION BY CONGRESS AGAINST POOLING OF EARNINGS BY 

RAILROADS. 

Whereas, 'by the consolidating of the great railroad corporations 
and interests of this and other states, great influences and power 
are obtained and exercised by them, which threatens to interfere 
with and discriminate against the inter-state commerce of our coun- 
try, and 

Whereas, the protection of shippers against unjust discrimination 
by railroads is absolutely essential to the life of commerce, and is 
a matter of material concern, and 

Whereas, there are several bills now pending in the congress 
of the United States, for the regulation and protection of our inter- 
state commerce, and they are now being considered ; therefore, 

Resolved by the House of Representatives, the Senate herein concur- 
ring, That our representatives in congress be requested, and our 
senators instructed, to use their best efforts to secure the passage 
of such measure or measures as will relieve on^" commerce from 
unjust discrimination by railroad corporations, a^id protect the inter- 
state commerce of our common country by law. 

Resolved, That a copy of these resolutions be furnished to each 
of our United States senators and members of congress. 



concerning THE PLACING OF ULY&SFS S. GRANT ON THE RETIRED LIST OF 

TZIH ARMY. 

Whereas, the people of tus state of Ihinois feel a just pi'ide in 
the illustrious career of the most distinguished citizen of this state, 
General Ulysses S. Grant, and regard with pleasure the meed of 
honor and admiration wh^ch has been bestowed upon him through- 
out the civilized world ; and 



JOINT RESOLUTIONS. 169 



Whereas, his civil and military services have conspicuously 
tended to add to the lustre and renown of this Nation, and will 
illumine the pages of history ; and 

Whereas, services so marked and distinguished have been by all 
nations, and in all ages, accorded a special recognition by the na- 
tional authority; therefore be it 

Resolved by the House of Representatives, the Senate concurring 
herein, in behalf of the People of the State of Illinois, That our sen- 
ators in congress be instructed, and our representatives be requested, 
to use all honorable means to secure the passage of a suitable law 
for the retirement of Ulysses S. Grant, with the rank of general, 
and we commend the action of our senators and representatives 
who have favored the passage of such a law. 

Resolved, That the secretary of state be and is hereby instructed 
to forward copies of these resolutions to our senators and represen- 
tatives in congress. 



CONCERNING THE PRINTING OF THE DAILY JOURNAL, CALENDAR, AND 

MANUAL. 

Resolved by the House of Representatives, the Senate concurring herein, 
That the secretary of state order printed for the use of this general 
assembly, the daily journal, the daily calendar, and manual, when 
ordered by either house ; said orders for printing to be made upon 
requisition of the proper officer of the respective houses. 



CONCERNING THE IMPROVEMENT OF STURGEON BAY BY THE GENERAL 

GOVERNMENT. 

Whereas, for the want of sufficient and well improved harbors on 
the Upper Mississippi river, there is great annual destruction of 
steamboats and other water-craft, as well as timber and lumber 
rafts, by the breaking up of ice and by storms on said river, in- 
volving losses of great magnitude to the shipping interests of the 
entire Mississippi valley ; and 

Whereas, Sturgeon Bay, on the Upper Mississippi river, opposite 
to the city of New Boston, in Mercer county, considering its locality, 
is the best natural harbor on the upper division of said river, em- 
bracing, as it does, a body of still water one and a half miles in 
length, three-fourths of a mile wide, and fifteen feet deep, and 
about half way between the cities of St. Louis and St. Paul; that 



170 JOINT RESOLUTIONS. 



said harbor will afford a safe and convenient shelter and protection 
for vessels,, timber and lumber rafts, being in a latitude where safe 
harborage is absolutely necessary during the severe and rigorous 
winters that are usual in that latitude ; that the bay has two or 
three bars that it is necessary 'to remove in order to make it safe 
and commodious for a harbor, which can be done with compara- 
tively small expense, considering the great advantage it will be to 
the shipping interest of the Upper Mississippi river; 

Resolved, therefore, by the House of Representatives, the Senate con- 
curring herein. That our representatives in congress from the state 
of Illinois be and they are hereby requested to use all honorable 
means to secure the permanent improvement of Sturgeon Bay by 
the government of the United States, in such a manner as to make 
it a safe and permanent harbor on said river ; and, be it further 

Resolved, That the secretary of state be and he is hereby requested 
to transmit a copy of these resolutions to each of the representa- 
tives and senators in congress from the state of Illinois. 



CONCERNING THE EXPORTATION OF TOBACCO. 

Whereas, under date of February 6, 1880, a memorial was ad- 
dressed by the tobacco board of trade of Nashville, Tennessee, to 
the congress of the United States, setting forth the fact that a 
great injury and manifest injustice is being done to one of the 
largest agricultural interests in this country, and to every one 
interested in the purchase or sale of one of [the] great staples pro- 
duced in thirteen different states of this Union, viz : leaf tobacco ; 
and. 

Whereas, this great injury and manifest injustice is caused by 
the fact, as further set forth in said memorial, that in the countries 
of France, Spain, Italy and Austria, in Europe, the importation 
and sale of this great staple is made a government monopoly, and 
that in no other way than through this government monopoly is 
tobacco allowed to be imported into their dominions, and this to the 
great detriment of the thousands of this country interested as pro- 
ducers or dealers therein, by depriving them of competition in the 
sale thereof; and. 

Whereas, the Hon. John F. House, member of congress from 
Tennessee, in pursuance of said memorial of the Nashville board of 
trade, and a letter previously addressed by him to the secretary of 

state of the United States, did, on the day of February, 1880, 

introduce in the congress of the United States a joint resolution, 
requesting the president of the United States to open negotiations 
with the four great governments before mentioned, viz : France, 



JOINT RESOLUTIONS. 171 



Spain, Italy and Austria, with a view to securing the relief asked 
in the aforementioned memorials and resolutions, which joint reso- 
tion was passed by both houses of congress ; and, 

Whereas, his excellency, the president of the United States, has 
as yet taken no action, as requested by said joint resolution of 
congress, to relieve this great staple of the oppressive burden and 
the unjust discrimination to which it is subjected by the operation 
of the great monopolies of the four governments of Europe, before 
mentioned, viz : France, Spain, Italy and Austria, and 

Whereas, the people of the state are largely engaged in the pro- 
duction, purchase and sale of leaf tobacco, [and] consequently suffer 
great damage and loss by the operation of these great monopolies 
of European governments ; therefore, be it 

Resolved hij the House of Representatives, the Senate concurring herein, 
That his excellency, the president of the United States, be and he 
is hereby most urgently requested to take immediate action in this 
matter, in accordance with the aforementioned joint resolution of 
congress of the United States, and to the great relief of the citizens 
of this and many other states of this Union; therefore, belt further 

Resolved, That our senators in congress be and they are hereby 
instructed, and our representatives requested, to exert themselves to 
the utmost of their influence and ability to secure the relief prayed 
for in the aforementioned memorials, as of the greatest importance 
to the agricultural and commercial interests of this state. 

Resolved, That copies of this preamble and these resolutions be 
forwarded to his excellency, the president of the United States, and 
to the honorable secretary of state of the United States, and to 
each of our senators and representatives in congress. 



concerning the construction of fishways by the canal commis- 
sioners. 

Whereas, it appears, from statements made by the fish commis- 
sioners of the state of Illinois, that the dams constructed by the 
state of Illinois are not sufficient to meet the requirements of the 
present law in regard to fishways ; therefore, be it 

Resolved by the House of Representatives, the Senate concurring 
herein. That the canal commissioners of the state of Illinois be and 
are hereby instructed to complete or reconstruct said dams, so that 
they may afford easy and ample opportunity for fish to pass over 
said dams. 



172 JOINT RESOLUTIONS. 



CONCERNING THE REVISION OF RAILROAD SCHEDULES BY THE RAILROAD AND 
WAREHOUSE COMMISSION. 

Whereas, the period of nearly eight years has elapsed since the 
schedule of the freight and passenger rates on railroads in the state of 
Illinois was fixed by the railroad and warehouse commissioners ; and 

Whereas, the rapid growth of the country, and the large increase 
of business and earnings of the leading roads in the state, as shown 
by the reports, make it manifest that freight and passengers may 
be transported on said roads at a much lower rate than is fixed by 
the schedule now in force, and thereby the producing and commer- 
cial interests of the state be greatly benefited, and no wrong done to 
the railroads ; therefore, be it 

Resolved by the House of Representatives, the Senate concurring 
herein, That the railroad and warehouse commissioners be and they 
are hereby requested to revise the schedule of rates of freight and 
passengers for the railroads of the state of Illinois, as' soon as 
practicable, and make such reduction in rates as, in their judgment, 
would be just and fair between the railroad companies and the pro- 
ducing interests in the state of Illinois. 



CONCERNING THE APPOINTMENT OF EMORY COBB AS COMMISSIONER OF 

AGRICULTURE. 

Resolved by the House of Representatives, the Senate concurring 
herein, That the representatives and senators in congress from the 
state of Illinois be and they are hereby requested to use all hon- 
orable means to secure the appointment of Hon. Emory Cobb, of 
Kankakee, Illinois, as United States commissioner of agriculture. 



CONCERNING REGISTRATION OF PATENTS. 

Whereas, there are now existing and in use in this state an in- 
numerable multitude of devices, attachments, combinations and ma- 
chines, which have been patented under the laws of the United 
States ; and 

Whereas, there is no system of record to show to whom the 
same belong, and in the nature of the case it would be impractica- 
ble to record in every county in the United States the original 



JOINT RESOLUTIONS. 173 



patent, and the numerous sub-divided rights — such as state, district, 
county, township, manufacturing, farm and other rights ; and 

Whereas, manufacturers of nearly every kind, and the owners of 
machinery of every character, including rubber used by druggists [den- 
tists], shuttles of sewing machines, mould boards of a plow, farm gates, 
pumps, churns, hay presses, scales, and particularly some parts of ma- 
chinery used in manufacturing flour, have been made again and again to 
pay royalty for using said patents, even though the party then using 
said patent had bought the property with the machinery already 
in use by prior owner, and paid full value therefor, without know- 
ledge of any latent claim existing, and no way of finding out the 
existence thereof; and 

Whereas, many of our citizens have been threatened with suits, 
and sued in the United States courts, and blackmailed rather than 
to be taken far from home, and subjected to heavy expenses; there- 
fore, be it 

Resolved by the House of Representatives , the Senate concurring, 
That our members of congress and United States senators be 
requested to use their best endeavors to procure the enactment 
of such laws as will protect innocent purchasers of patent ma- 
chinery, and to have the claim of royalty so restricted, that in- 
justice shall not be perpetrated upon our citizens, by threats of 
suits, or suits remote from their homes, upon patents or claims of 
royalty, without innocent purchasers first having, without expense 
to themselves, an easy [avenue of] knowledge to learn the title of 
the claimant. 



concerning the death of THOMAS MATTHEW HALPIN. 

Whereas, Hon. Thomas ]\Iatthew Halpin, of Chicago, Cook county, 
Illinois, an esteemed and eminent member of the house of represen- 
tatives of the state of Illinois, in the 28th and 29th general assem- 
blies, has recently died in Chicago ; therefore, be it 

Resolved, that the House of Representatives, the Senate concurring 
therein, on behalf of the people of the state of Illinois, express sincere 
regret at the loss of so useful a citizen and so honorable a member 
of the community. 

Resolved, That these resolutions be spread upon the records of 
this general assembly, and a copy thereof, properly attested, be for- 
warded to the sorrowing widow of the deceased. 



CONCERNING DESTRUCTION OF MINNESOTA STATE CAPITOL, AND OF ILLINOIS 
DOCUMENTS DESTROYED — DONATION. 

Whereas, the state capitol of the state of ]\Iinnesota, located at 
St. Paul, was destroyed on the night of IVTarch 1, 1881, by fire, 
causing the destruction and loss of their state library, including 



174 JOIKT RESOLUTIONS. 



five or six thousand volumes of law books and complete sets of re- 
ports of the federal and state courts ; and 

Whereas, by comity between the states, it is customary for each 
to exchange with one another copies of their public documents and 
reports, and decisions of their state courts ; therefore, be it 

Resolved by the House of Representatives, the Senate concurring 
herein, That the secretary of the state be and he is hereby in- 
structed to furnish and forward to the governor of the state of 
Minnesota, for its state library, one copy each of such public docu- 
ments, reports, digests and reports of the decisions of the supreme 
court of this state, or such as he may deem can be spared from 
the reserve numbers of such volumes as he has on hand in the 
public library. 



CONCERNING SUBMISSION OF ESTIMATES IN DETAIL BY OFFICERS OF STATE 
INSTITUTIONS WHEN ASKING FOR APPROPRIATIONS. 

Resolved by the House of Representatives, the Senate concurring herein, 
That the trustees and officers of state institutions making application 
to the general assembly for appropriations for building or other 
improvements, be and they are hereby directed, in their next printed 
biennial reports, to submit drawings and estimates showing the 
character and probable cost of every such proposed improvement, 
with the amount of labor and material, and the price of the same, 
in sufficient detail to enable the legislature readily to comprehend, 
judge and determine as to the propriety of making the appropria- 
tions asked. 



CERTIFICATE. 175 



Executive Depaetment, 
Office of Seceetaex of State. 

United States of Ameeica, I 
State of Illinois. ) 

I, Heney D. Dement, Secretary of State of the State of Illinois, do hereby certify that 
the foregoing published acts and resolutions of the Thirty-second General Assembly of 
the State of Illinois, are true and correct copies of said acts and resolutions, filed in the 
office of the Secretary of State, with the exception of words or letters printed in brackets, 
thus [ ]. 

In witness wheeeof I have hereto set my hand and affixed the great seal of State, 
at the city of Springfield, this fifteenth day of June, A. D. 1881. 

HENEY D. DEMENT, 
[L. S.] Secretary of State. 



INDEX TO LAWS. 



PAGE. 

ADJUTANT-GENERAL. 

Appropriation: 

Office expenses 40 

Publication of War records 44 

ADMINISTRATION OF ESTATES: 

Bonds of executors and adminis- 
trators 1 

Public administrators appointed.. 3 

ACKNOWLEDGMENTS: 

Chattel mortgages, before whom 
taken 113 

AGRICULTURE: 

Appropriations for state and coun- 
ty boards 33 

ANIMALS: 

Dogs, license fund, distribution ... 5 
Pleuro-pneumonia among cattle.. 6 
Sheep, damage by dogs, applica- 
tion 4 

APPEALS: 

County court, amend sec. 123, act 
1874 66 

APPROPRIATIONS. 

Adjutant-General: 

Office expenses 40 

Publishing war records 44 

AGEICULTUEAIi BOARDS: 

state and county boards 33 

Arab Fire Company, of Cairo, re- 
pair of engine 54 

Archer, Wm. R.: 

Legal services 59 

Attornet-Geneeal: 

Clerk hire and office expenses 39 

Auditor of Public Accounts: 

Clerk hire and office expenses 39 

Binding: 

Deficiency 11 

For the years 1881 and 1882 42 

Board of State Contracts: 

Appropriations 41, 42, 43 

Bond, Shadrach:! 

Monument at Chester 24 



PAGE. 

APPROPRIATIONS— C'on^/n^ted. 

Charitable Institutions: 

Blind, institution for 23,26 

Central Hospital for Insane 45 

Deaf and Dumb, institution for ...22, 26 

Eastern Hospital for Insane 48 

Eye and Ear Infirmary 14 

Feeble-Minded Children, Asylum 

for 32 

Northern Hospital for the Insane. . 52 

Reform School 20 

Southern Hospital for the Insane. 15, 36 

Claims : 

Crommelin, G., and others 29 

Bailiff tor commission of 42 

Clark, Athekton: 

Damages to lands 16 

Convicts: 

Conveying to penitentiary 40 

Courts: 

Appellate: 

Deficiency in 4th Dist 9 

Incidental and other expenses 41 

Repairs and improvements, court 
house, Ottawa 53 

Supreme: 

Incidental and other expenses 41 

Repairs and improvements at Mt. 
Vernon 50 

Repairs and improvements at Ot- 
tawa 53 

Reports, purchase of 43 

Custodian of Field Notes and Surveys : 
Office expenses 40 

Deaf and Dumb School: 

Donation to, at Chicago 28 

Douglas Monument: 

Completion of 13 

Fish Commissioners: 

Propagation of fish in this state ... 44 

Fugitives from justice: 

Apprehension and delivery of 40 

Awards for arrest of 43- 



II 



INDEX. 



PAGE. 


page. 


APPEOPKIATIONS— C'oniwiMPd. 




APPROPRIATIONS-Co?i«mMec?. 


General Assembly; 




Pleuro-Pneumonia: 


Incideuial expenses 


... 8 


To suppress disease 8 


Deficiency, officers and members 


...12 




Committee expenses 


...13 


Portrait: 


Officers and members of next 


...24 


Governor S. M, CuUom 44 


Salaries of employes, next 


...43 




Traveling and other expenses 


of 




committees, next 


...44 


Deficiency 11 

. or the years 1881 and 1882 42 


Geological Eepoets: 






Publication 


...17 


Printing Paper and Stationery: 

For the years 1881 and 1882 40 


Glenn, A. A.: 






Salary as acting governor 


...10 


Eailroad and Warehouse Commission: 
Clerk hire, office expenses and 


Goveknok: 




schedules 42, 43 


Clerk hire and office expenses 


...38 


School Fund: 


HiSTOEiCAL Library: 




For distribution 44 

To pay interest on 42 


Salaries and expenses 


...42 


Secretary of State: 


Horticultural Society: 




Deficiency, office expenses.... 11 


In aid of 


...21 


Clerk hire, office expenses, state 
house, etc 38, 3& 


Illinois and Michigan Canal: 




Janitors and watchmen for state 


Eepairs and expenses 


...18 


house 42 

Purchase supreme court reports 43 


Illinois Cent. R, E. Fund: 




State Library 44 


Transfer to revenue fund 


...25 


State Board or Chaijities: 


Illinois National Guard: 




Salaries, clerk hire and expenses ...40 


Pay of 6th and part of 1st reg'ts 49 

To provide for the years 1881 and 1882.50 


State Board of Equalization: 






Expenses of 43 


Industrial University: 






Taxes, repairs and improvements 


. . .30 


State Board of Health: 

Salaries and expenses 44 


Juvenile Offenders: 






Conveying to reform school 


-.40 


To pay balance of principal .25 


Laws, Journals and Eepoets: 




State Government: 


Copying and distributing 


..43 


Heating state house, printing, bind- 
ing— deficienc V 11 


Library, State: 




General assembly and state officers 


Purchase of books and salary 


of 


—deficiency 12 


Ass't Librarian 


..44 


General assembly and state officers 
1881 and 1882 24 


Lieut. -Governor: 




Ordinary aud contingent expenses.. 37 


Office expenses 


..40 


State House: 


Lincoln Monument: 




Heating— deficiency 11 

Heating, 1881 and 1882 43 


Completion of 




Janitors and watchmen 42 

Eepairs in heating department 44 






McAllister and Stebbins bonds: 




Completion of, submitted to vote 55 


To pay number 363 


..51 


State Laboratory op Natural History: 


Normal Universities: 




At Normal, expenses 28 


Annual at Normal, ordinary ex- 




penses 


..34 


State Suits: 


Southern, ordinary expenses and 


To defray expenses of 40 


improvements 


..40 


State Treasurer: 


Penitentiaries: 




Clerk hire and office expenses 39 


JoUet: 




Stelgebower, John: 


Eepairs and impiovements 

Purchase of land 


..21 

..27 


Widow and children of .54 


Current expense fund 

Library 


..35 
..43 


Superintendent of Public Instruc- 
tion: 


Southern: 




Clerk hire and office expenses 39 


Current expense fund 

Library 


..35 
..43 


Taxes: 


To furnish materials and labor... 


..47 


To refund overpaid and errors 42 



INDEX. 



Ill 



PAGE. 

APPROPRIATIONS— Confrnwef?. 

Akchee, Wm. R.: 

App. legal services 19 

AK.SB FiEE Company or Caieo: 

Appropriation, repairs of engine 54 

Attoeney- General: 

Clerk hire and office expenses 39 

Auditor of Public Accounts: 

Clerk hire, office expenses, etc' 39 

BINDING, PUBLIC. 

Appeopeiations: 

Deficiency n 

For the years 1881 and 1882 42 

BOND, SHADRACH: 

Monument at Chester, appropria- 
tion 24 

BRIDGES: 

Cities and villages, outside of 
limits 57 

BUTTER: 

Adulteration of, penalties 74 

CANAL, ILLINOIS AND MICHIGAN.: 

Appropriation, repairs and expenses 18 

CHARITABLE INSTITUTIONS, STATE: 

Admission of patients into hospitals 
for the Insane 151 

Appeopeiations: 

Blind asylum 26 

Central hospital for the insane 45 

Deaf and dumb institution 22, 26 

Eastern hospital for the insane 48 

Eye and ear infirmary 14 

Feeble-minded asylum 32 

Northern hospital for the insane 52 

Reform school 20 

Soldiers' orphans' home 22 

Southern hospital 15, 36 

CHEESE: 

Adulteration of, penalties 74 

CITIES.AND VILIAGES: 

Boards of education, appointment 

in c ities 150 

Bridges and ferries, outside of limits 57 

Elections, annual, in villages 59 

Incorporation under general law, 

petition 58 

Tax rate •. 59 

Water works in cities, concerning.. 157 

CLAIMS: 

Appropriation to pay C. Crommelin 
and others 29 



CLAIMS COMMISSION: 

Appropriation for bailiff 42 

Jurisdiction, exclusive in state 
claims for damages 60 



CLARK, ATHERTON: 

Appropriation, damages to lands 16 



CLERKS OF COURTS: 

Fees and costs, disposition at close 
of term 95 

CONVEYANCES: 

Covenants of warranty, terms de- 
fined 61 

CONVICTS: 

Appropriation, for conveying to pen- 
itentiaries 40 



CORONERS: 

Deputies, appointment authorized .63 

COUNTIES. 

Calhoun, county court, terms 71 

Coles, county court, terms 71 

Cook, criminal court, holding dif- 
ferent branches 72 

Election of officers 94 

Fulton, county court, terms 71 

Hamilton, county court, terms 71 

•Johnson, county court, terms 71 

LaSalle, county courts, terms 71 

Moultrie, county court, terms 71 

Officers, publish statement of f unds.124 
Probate courts, established in, hav- 
ing 70,000 population 72 

Pope, county court, terms 71 

Vermilion, county court, terms 71 

Wayne, county court, terras 71 

Williamson, circuit court, two ad- 
ditional terms 67 

Winnebago, county court, terms — 71 

COUNTY CLERKS: 

Election 94 

COUNTY .JUDGES: 

Election ,-M 

COUNTY OFFICERS: 

Election 94 

Official bonds, when holding over... 62 

COUNTY SUPERINTENDENTS: 

Election 94 

COUNTY SURVEYOR: 

Election 94 

COUNTY TREASURER: 

Election, in counties not under town- 
ship organization 62 



IV 



INDEX. 



PAGE. 

COUNTY TREASUREBS— ConiHiwed. 

Election, in counties under town- 
ship organiz ation 94 

Fees and costs paid to clerks of 
courts and sheriffs 95 

COURTS. 

Appellate: 

Appropriation : 9, 41 

Districts established 64 

Mandamus, may issue writs 65 

Practice, causes remanded, trans- 
cript 67 

Terms fixed 64 

Circuit: 

1st circuit, terms fixed 68 

2d " " " 69 

Williamson county, two new terms.. 67 

Cook County Ceiminal: 

TsYO branches held at same time 72 

County: 

Appeals, to supreme and appellate 

courts 66 

Clerks, election of 94 

Judges, " " 70,94 

Jurisdiction in counties having pro- 
bate 70 

Term fixed in certain counties 71 

PiiOBATE: 

Established in counties of 70,000 
population .72 

Supeeoe: 

Cook county, election of clerk 94 

S-UPEEME : 

Appropriations 41, 43, 50, 53 

Practice, causes remanded 67 

COVENANT OF WARRANTY: 

Conveyancing, terms defined 61 

CRIMINAL CODE: 

Adulteration of butter and cheese.. 74 
Adulteration of food, drink and med- 
icine 75 

Deadly weapons, sale of regulated.. 73 

CROMMELIN,G., AND OTHERS: 

Appropriation 29 

CUSTODIAN OF FIELD NOTES AND 
SURVi^YS: 

Appropriation 40 

CULLOM, S.M: 

Governor, appr. for portrait 44 

DAMAGES: 

Sheep, injured by dogs, application 
for 4 

DEAF AND DUMB SCHOOL AT CHI- 
CAGO: 

Appropriation for 28 

DENTAL SURGERY: 

Practice regulated 77 



PAGE. 

DOGS: 

License fees, distrib tion 5 

DOUGLAS MONUMENT: 

Appropriation for completion. ......13 

DRAINAGE: 

Districts organized under act of 1879 

legalized 86 

Farm drainage, act of 1879 amende i.87 
Levees, construction, act of 1879 
amended 79, 80 

DRINK: 

Adulteration, penalties 75 

EDUCATIONAL INSTITUTIONS: 

ApPEOPEI ATIONS : 

Normal University at Normal 34 

Southern Normal 46 

ELECTIONS: 

Cities and villages, annual 59 

Clerks, superior court Cook county. 94 

County officees: 

Clerks 94 

Coroners 94 

Judges : 70,94 

Sheriff 94 

Supt. of schools 94 

Surveyors 94 

Treasurers 62, 94 

State's attorneys 94 

EVIDENCE AND DEPOSITIONS: 

Wills, pr -bate of 158 

FEES AND COSTS: 

Clerks of courts and sheriff's, pay 
over to Co. treasurers 95 

FEBEIES: 

Cities and villages, outside of limits.57 

FISH COMMISSIONEBS: 

Appropriation 44 

FOOD: 

Adulteration of, penalties 75 

FOBCIBLE ENTBY AND DETAI^EB: 

Act of 1874, sec. 2, amended 96 

FUGITIVES FROM JUSTICE. 
Appeopeiations : 

Apprehension of 40 

Rewards for arrests 43 

GABNISHMENT: 

Return of wi'its issued by justices... 97 

GENERAL ASSEMBLY: 

Appropriations 8, 12, 13, 24, 43, 44 

GEOLOGICAL REPORTS: 

Appropriation for publication 17 

GLENN, A. A.: 

Appropriation, salary as acting Gov- 



.10 



INDEX. 



PAGE. 

GOVERNOR: 

Appropriations, clerk hire, office ex- 
penses, etc 38 

Park commissioners, appoint.. 115, 116 

GUARDIANS AND WARDS: 

Wards, suits in behalf of by next 
" friend 98 

HORTICULTURAL SOCIETY: 

Appropriation in aid of 21 

INDUSTRIAL UNIVERSITY: 

Appropriations, taxes, repairs, im- 
provements, etc 30 

INSANE: 

Admission of patients into hospitals 
for 151 

INSURANCE: 

Premium notes, act 1869, sec. 13, 

amended 100 

Tornadoes, risks against 99 

Township companies, may annex 
new territory 101 

JUDGES, COUNTY: 

Election 70 

JUSTICES AND CONSTABLES: 

Fees in case of damages to sheep .. . 4 

Garnishment, return of \vrit 97 

Districts and election, act of 1872 
amended 103 

JUVENILE OFFENDERS: 

Appropriation for conveying to 
reform school 40 

LAWS. JOURNALS AND DOCUMENTS: 
Appropriation for copying and dis- 
tributing 43 

Legal holidays, designation of il5 

LIEUT. GOVERNOR; 

Appropriation for office expenses... 40 

LINCOLN MONUMENT: 

Appropriation for completion 12 

MANDAMUS: 

Appellate court issue_ writs 65 

MARRIAGES: 

Celebration of 112 

McAllister and stebbins bonds: 

Appropriation to pay No. 363 51 

MEDICINE: 

Adulteration of— penalties 75 

MILITIA: 

Appropriations, Illinois National 
Guard 49 

MORTGAGES: 

Chattel, acknowledgments 113 

MUNICIPAL INDEBTEDNESS: 

- Sinking fund, creation of 113 

NEGOTIABLE INSTRUMENTS: 

Legal holidays 115 



PAGE. 

NORMAL UNIVERSITIES. 

Appeopeiations : 

Normal, at Normal 34 

Southern 46 

OFFICIAL BONDS: 

County officers holding over 62 

PAPER AND STATIONERY: 

Appropriation, contracts 1881 and 
1882 40 

PARKS: * 

Commissioners appointed bv gov- 
ernor ". .115, 116 

Driveways, improvement of, when 
donated 116 

Driveways, opening and improv- 
ing 117 

PENITENTIARIES. 

Appeopeiations : 

Joliet: 

Improvements and repairs 21 

Purchase of land 27 

Current expense fund 35 

Library 43 

Southern: 

Current expense fund 35 

Library 43 

Buildings and improvements 47 

Police powers to officers of 119 

PHARMACY: 

Practice regulated 119, 120 

PLEURO-PNEUMONIA: 

To siippress and prevent disease 
among cattle 6 

PRACTICE: 

Appeals in county courts 66 

Causes remanded in supreme and 
appellate courts 67 

PRINTING, PUBLIC: 

Appropriations 11, 42 

PUBLIC FUNDS: 

Custodians publish statements 124 

QUO WARRANTO: 

When writs may issue 125 

RAILROADS: 

Illinois Central fund transferred to 

Revenue fund 25 

Rolling stock, leases, etc 126 

Raileoad and Waeehouse Commis- 

SIONEES: 

Appropriations 42, 43 

REVENUE: 

Act of 1872 as amended 1879, 

amended 132 

Acreage of crops, retiirn by asses- 
sors 134 

Assessors' books 133, 134 

Assessors shall view real estate 134 

Assessors' returns— crop acreage.. 134 

Collectors' books 130, 135, 136 

Collectors' retui ns 131 

Collectors' warrants 136 

County clerks' return to auditor 135 



VI 



INDEX. 



PAGE. 

EEVENUE— CoJi^mwed. 

Extension of taxes by clerks... 135, 136 

Forfeited property 129, 137 

Levy of taxes for state purposes... 128 
Payment of taxes, entry on books 

and receipts 136 

Real estate listed annually 133 

Eeal estate forfeited to state, sale 

of 137 

Real estate, forfeited— municipali- 
ties may purchase 136, 137 

Receipts for special assessments... 136 
Return of acreage of crops by asses- 
sors 134 

Review of assessment in counties 

under township organization 134 

Tax liens, foreclosure and sale 130 

SCHOOLS: 

Boards of education and directors 
in cities 149,150 

County superintendents, election, 
etc 139 

Districts, how organized 140 

Distribution of funds, how made... 144 
Directors, body corporate, powers 

and duties 144 

Funds, loaned by township treasur- 
ers, securities 148, 149 

Payment of money to township 

treasurers 150 

Schedules 146, 147, 148 

Trustees, election, how conducted. 139 

SCHOOL FUND: 
Appeopkiations : 

Interest on 42 

For distribution 44 

SECRETARY OF STATE. 

Appkopeiations : 

Deficiency, office expenses 11 

Clerk hire, office expenses, index- 
ing, state house, etc 38,39 

Janitors and watchmen 42 

Heating and lighting state house ...43 

Repairs in heating department 44 

State library 44 

SHEEP: 

Damages by dogs, application for.. 4 

SHERIFFS: 

Election 94 

Fees and costs at expiration of 
term 95 

SINKING FUNDS: 

Municipalities, creation of 113 

STATE'S ATTORNEYS: 

Election 94 

STATE BOARD OF PUBLIC CHARITIES: 
Appropriation 40 

STATE BOARD OF EQUALIZATION: 

Appropriation for expenses of 43 

STATE BOARD OF HEALTH: 

Appropriation 44 



PAGE. 

STATE CHARITABLE INSTITUTIONS: 

Admission of patients 151 

STATE GOVERNMENT. 

Appeopeiations : 

General Assembly and state officers. 24 
Ordinary and contingent expenses.. 37 

STATE HOUSE. 
Appeopeiations : 

Heating department 11, 43, 44 

Janitors and watchmen 42 

Lighting 43 

Submitting to vote for completion.. 55 

STATE HISTORICAL LIBRARY AND 
MUSEUM: 

Appropriation 42 

STATE LABORATORY OF NATURAL 
HISTORY: 

Appropriation 28 

STATE LIBRARY: 

Appropriation 44 

STATE SUITS: 

Appropriation 40 

STATE SUPERINTENDENT OF PUBLIC 
INSTRUCTION: 

Appropriation 39 

STATE TREASURER: 

Appropriation. 39 

STELGEBOWER, JOHN: 

Appropriat'nfor widow and children.54 

SURVEYS: 

United States coast 154 

TAXES AND TAX RATES: 

Appropriafn to refund paid in error.42 

Cities anil villages 59 

General levy for state purposes 128 

TENEMENT HOUSES: 

Regulation and inspection of, iu 
cities 155 

TOWNSHIPS: 

Insurance companies ; ■ -1^' 

Officers publish statement of funds.124 

VENUE: 

Change of, prejudice of judge 156 

VETERINARIAN, STATE: 

Appointment 6 

WATERWORKS: 

Source of supply in cities 157 

WEAPONS, DEADLY: 

Sale of, regulated "3 

WILLS: 

Probate, evidence and depositions. 158 



INDEX TO JOINT RESOLUTIONS. 



SENATE. 



PAGE. 

Portrait of Stephen T. Logan 159 

Chicago sewerage and Illinois and Mich. 

Canal 159 

Pleuro-pneumonia among cattle Itil 

Printing synopsis of bills 162 

Justice Supreme Court U. S., appoint- 
ment 162 



PAGE. 

Arrest of Michael Davitt by British Gov- 
ernment 162 

Kaukakce River Improvement Company. Ib3 

Appropriation for improvement of Kan- 
kakee and Iroquois rivers 163 

Appointment of committee to report on 
condition of chronic insane 164 



HOUSE. 



Canvass of votes of state officers 165 

Inauguration of state officers elect 165 

Joint session for inaugural ceremonies. 165 
Pensioning soldiers. Black Hawk, Mex 

ican and Florida wars 

Janitors and employes of general assem 
bly, appointed by seci etary of state .. 

Elevator in the state house 

National legislation against railroad dis 

crimination 168 

General U. S. Grant on the retired list... 168 
Printing daily calendar, journal and leg- 
islative manual 169 



.166 



166 
168 



Improvement of Sturgeon Bay 169 

Exportation of tobacco 170 

Construction of ttshwaysby canal com- 
missioners .171 

Revision of railroad schedules 172 

For the appointment < >f Emory Cobb 

■U. S. commissioner of agriculture 172 

Registration of patents 172 

Death of Thomas M. Halpin 173 

Duplicate copies of laws, documents and 

reports to Minnesota state library 174 

Detailed estimates of state institutions 
of appropriations asked for 174 



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