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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.'< 


s-lSHCHS-ls-ie-it^eH 


«.!  1^1  >(^  >r^ 


"^1  ~J  1-^ 


S'  S  ^'  S'  I?  ^ !:?'  ^  S  !?  Ei 


r-  ^    --    ~    V. 


p  13 


I,  >t)  ^TJ,  trj  tr) 

(E    CD  lO  IcB 


ZT   I-;    «.    (-^ 


CD    CD 


to    OJ'  >^ 


ro  CO  Oil"' 


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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