(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Laws of the State of Illinois"

i QtatiiRhatitiesGoinmissionr. 



-of the 



/rf-tto&uMfre 



— . >■ 
rctiry. 









J *^** 



^tftfc 



se 



^£% 



S/rK ^/» 




ft 



SHELVED !N LAW COLLECTION 



aov. 



LttJRA*flY 

APR 29 w97 



FEDERAL 



LAWS 



STATE OF ILLINOIS, 



ENACTED BY THE 



THIRTY-THIRD GENERAL ASSEMBLY, 



AT THE SESSION WHICH 



Commenced January 3> 1883, and Adjourned June 18,1883 



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



SrRINGFIELD: 

H. w. eokkek's feinting house. 

1883. 



667 



Digitized by the Internet Archive 

in 2011 with funding from 

CARLI: Consortium of Academic and Research Libraries in Illinois 



http://www.archive.org/details/lawsofstateofill1883illi 



TABLE OF CONTENTS. 



AGRICULTURE : page. 

Act to revise the law in relation to the Department of Agriculture 1 

ANIMALS : 

Act to amend an act to suppress and prevent the spread of pleuro-pneumonia 

among cattle 4 

APPROPRIATIONS : 

Agricultural boards 5 

Alton city court 7,8 

Battle flags 9 

Braidwood and Coulterville mine sufferers 9 

Canal, Illinois and Michigan 10 

Chance. Jacob O 11 

Chicago Deaf and Dumb School 12 

Dairyman's association 12 

Franklin county 13 

Horticultural society 13 

Industrial university 14 

Lucinger, Jacob and Nicholas 15 

Law library at the Capitol l(i 

Mound City lfi 

Monument, Soldiers Black Hawk war 17 

Mulligan monument 17 

National Guard 18 

Normal universities 19, 20 

Penitentiaries 21,22,23,25 

Rose Clare floo d sufferers 25 

Shawneetown flood sufferers 26 

State Charitable Institutions : 

Blind 27 

Deaf and Dumb 28 

Eye and Ear Infirmary 29 

Feeble-minded Children 29 

Hospitals for Insane : 

Eastern 30,32 

Central 33 

Northern 34 

Southern 35,3(5 

Soldiers' Orphans' Home 36 

Reform School 37 

Shinnick, Richard 38 

Spink. Alfred, estate 39 

State House, completion 39 

State House, paving and curbing streets 41 

State Government : 

General Assembly 42,43 

Ordinary and contingent expenses 43 

State Laboratory of Natural History and Entomologist 51 

Wilson, Robert 52 

ASSIGNMENTS : 

Voluntary, preferred claims 53 

BRIDGES : 

Pier-booms, Illinois river '. 54 

BUTTER AND CHEESE : m m ^ 

Cooperative factories required to make reports and give bond 54 



IV CONTENTS. 



CEMETERIES : page. 
Cities and villages may establish, jointly 55 

CITIES AND VILLAGES : 

Minority representation— act 1872 amended 56 

Conservators of the peace— policemen serve warrants 58 

Delinquent special assessments 58 

Police and firemen's relief funds 59 

Protection against inundation and overflow GO, 63 

Sewerage and water taxes 68 

CLERKS OF COURTS : 

Appelate and Supreme may make motions in behalf of attorneys 69 

CONVEYANCES : 

Proof of deeds and other instruments in writing 70 

COUNTY TREASURER : 

Vacancies— how filled 70 

COURTS, COUNTY : 

Adjournments of regular terms 71 

Terms changed 72, v 73 

COURTS. PROBATE : 

County Judges may hold in certain cases 74 

CORPORATIONS : 

Cooperative benevolent insurance associations may pay benefits for permanent 
disability 74 

CRIBIINAL CODE : 

Malicious mischief— section 197 amended 75 

Maliciou s mischief— in juring ice ponds 76 

Punishment for second and third offenses 76 

DRAINAGE : 

Districts legalized 77 

Drains constructed by land owners , 78 

County ditches ■ 80 

Levees— assessment notices 84, 86 

DRAMSHOPS: 
. License for sale of liquors 92 

ELECTIONS: 

Voting precincts 94 

FEES AND SALARIES: 

Classification of counties 95 

County clerks, 3d clafis 96 

State's attorneys 97 

FENCES; 

Hedges along highways 99 

GUARDIANS AND WARDS: 

Act of 1872 amended .' 100 

INSURANCE: 
Fire: 

Foreign companies 101 

Township 104 

Life: 
Association on assessment plan 104 

JUDGMENTS AND EXECUTIONS: 

Shares of stock held as collateral 110 



CONTENTS. 



Page. 
JURORS: 

Service of summons Ill 

LIBRARIES: 

Cities, towns and villages, tax levy 112 

MINES AND MINING: 

Weighing coal at mines 113 

Protection of miners, act 1879 amended 114-110 

MUNICIPAL CORPORATIONS: 

Bond funds, surplus in State treasury 121 

Railroad aid bonds 122 

NAVIGABLE STREAMS: 

Saline river, act repealed 123 

PENITENTIARIES: 

Commissioners of Joliet authorized to sell lot in Nebraska City 123 

RAILROADS: 

Consolidation 124 

Depots opened for passenger trains 125 

Elevated railways and conveyers 126 

Southeast and St. Louis, tract of land 127 

Stock transfer offices 128 

REVENUE: 

General levy for State purposes :... 129 

ROADS, HIGHWAYS AND BRIDGES: 

Act to amend section 107, act of 1879 130 

Hard roads, construction 132 

Act in regard to. in counties under township organization, and to repeal acts 
therein named 136 

SCHOOLS; 

Bourbon district, act creating repealed 164 

Loaning funds 164 

New districts 165 

Teachers' institutes 166 

Compulsory education 167 

Training schools for boys 168 

STATE WEIGH-MASTERS: 

Appointment provided for 172 

TELEGRAPHS AND TELEPHONES; 

Private lines .173 

TOWNSHIPS: 

Mew towns 174 

UNCLAIMED PROPERTY: 

Sale of 175 

VINEGAR: 

Adulteration 176 

WASHINGTONIAN HOME: 

Act incorporating, amended .' 176 

JOINT RESOLUTIONS: 

Senate 178-186 

House ; 187-192 



LAWS OF ILLINOIS. 



AGEICULTUEE. 



STATE DEPARTMENT. 



§ 1. Department of agriculture— organi- 
zation and management. 

§ 2. Secretary of State board— appoint- 
ment— term— salary. 

§ 3. Treasurer of board— bond— term of 
office. 

§ 4. Office of board at Springfield at the 
State house. 

§ 5. State board a corporate body- 
powers. 

§ 6. State board have sole control and 
management of dep't of agriculture 

§ 7. Appropriations— county boards. 



Annual reports by State board. 

Contents of report. 

Appointment of special policemen 
during fairs. 

Trespass upon fair grounds— penal- 
ties. 

Sale of spirituous liquors prohibit'd. 
§ 13. Penalties for violating provisions 
of sec. 12 of this act. 

"Fair"— term defined. 

Repeals all acts in conflict with this 
act. 



§ 9. 
§ 10. 

§ 11. 

§ 12. 



§ 14 
§ 15 



An Act to revise the law in relation to the department of agriculture, 
agricultural societies and agricultural fairs, and to provide for re- 
ports of the same. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the department of agri- 
culture, for the promotion of agriculture and horticulture, manufac- 
tures and the domestic arts, shall be continued, and shall be 
managed by a board to be styled the "State Board of Agriculture," 
to consist of a president, and one vice-president from each con- 
gressional district in the State, and of the last ex-president of the 
State Board of Agriculture, said president and vice-presidents to be 
elected on the fair grounds on Wednesday of the annual State fair 
in 1884, and every two years thereafter on Wednesday of the week 
of the State fair, by delegates or alternates or their written proxies, 
chosen by the several agricultural societies in counties where such 
societies exist, in the following manner, to- wit : In counties having 
one agricultural society, such society may appoint three delegates ; 
in counties having two agricultural societies, each society may ap- 
point one delegate, who shall be entitled to one and one-half votes ; 
in counties having three agricultural societies, each society may ap- 
point one delegate, and if either society shall neglect or refuse to 
appoint such delegate, the delegate or delegates appointed shall be 
entitled to cast the full vote of the county ; and in counties where 
no agricultural society exists, the delegates may be appointed by 



AGRICULTURE. 



the board of supervisors or county board, as the case may be ; each 
county to be entitled to three votes, and no more, and each union, 
or district, agricultural society shall be accredited to that county in 
which its fair grounds, or the greater part thereof, shall be located. 
The members of the State Board of Agriculture shall enter upon 
the duties of their office on the second Tuesday of January succeed- 
ing their election, and hold their office for two years, and until 
their successors are elected and enter upon their duties. The State 
Board of Agriculture may fill any vacancy, arising from any cause, 
by appointment from the district in which the vacancy occurs. 

§ 2. The State board shall appoint some person, not a member 
of the board, secretary, and fix his compensation, who shall hold 
his office during the term for which the members of the board ap- 
pointing him are elected, unless for good cause he shall sooner be 
removed by the board, and who shall perform such duties as usually 
pertain to the office of secretary, or as shall be required of him by 
the board. 

§ 3. They shall also appoint some person, not a member of the 
board, as treasurer, and fix his compensation and prescribe his 
duties, who shall give bond in such sum and with such security as 
the board shall direct, conditioned for the faithful discharge of the 
duties of his office. He shall hold his office during the term for 
which the members of the board appointing him are elected, unless 
for good cause he shall be sooner removed by the board. He shall 
keep an accurate itemized account of all money received by him 
and paid out, and make an annual report thereof to the State board 
and make full settlement with the board. 

§ 4, The State Board of Agriculture shall keep an office for the 
transaction of business, at Springfield, in the rooms assigned to the 
department of agriculture in the State house, to be under the con- 
trol of said board. 

§ 5. The State Board of Agriculture, in that name, may contract 
and be contracted with, may purchase, hold or sell property, may 
sue and be sued in all courts or places ; may hold State fairs and 
fat stock shows at such times and places as the board may deter- 
mine, but this State shall never be liable for any debt or contract 
of said board. 

§ 6. The State Board of Agriculture shall have the sole control 
of the affairs of the department of agriculture, of all State fairs and 
iV.t stock shows, and may make such by-laws, rules and regulations 
in relation to the department of agriculture and the management of 
the business of such department and State fairs and fat stock shows, 
and offering of premiums, as a majority of said board shall, from 
time to time, determine, not inconsistent with the constitution and 
laws of this State or of the United States. 

§ 7. Whatever money shall be appropriated to the department 
of agriculture, shall be paid to the State Board of Agriculture, and 
may be expended by them as in the opinion of said board will best 
advance the interests of agriculture and horticulture, manufactures 
and domestic arts in this State : Provided, when any appropriation 



AGRICULTURE. 



is made for the benefit of county or other agricultural societies, the 
same shall be equally divided between such agricultural societies 
as shall have given satisfactory evidence to said State board of hav- 
ing held an annual fair and paid as premiums not less than three 
hundred dollars ($3l0), and made their annual report on or before 
the 15th day of November, to the State Board of Agriculture. 

§ 8. The State Board of Agriculture shall, after their annual 
meeting in January, in each year, make and deliver to the Governor 
a report of their acts and doings, as required by law, and no other 
annual reports shall be made by said board. 

§ 9. Said State Board of Agriculture may append to, and pub- 
lish with their said report, the annual report of the State Ento- 
mologist and such other reports, or essays connected with agricul- 
ture, horticulture, manufacture or the domestic arts, as, in the 
judgment of said board, the interests of the State require. Said 
annual report and appended essays not to exceed seven hundred 
printed pages. 

§ 10. It shall be lawful for the State Board of Agriculture or 
other agricultural society, at or before the time for holding its an- 
nual fair, to select and appoint as many persons to act in the 
capacity of special police as are by said society deemed requisite to 
insure peace and good order on or about the grounds, or place of 
holding such fair, for and during the holding of the same : Pro- 
vided, that such person, before entering upon the duties of special 
police, shall receive his authority from, and take the oath of office 
by any judge or justice of the peace, or other officer authorized to 
administer oaths, residing or holding his office in the town or 
municipal corporation most contiguous to the fair ground, or place 
of holding such fair, and shall receive from such judge or justice 
of the peace a certificate, under seal, of his appointment and au- 
thority to act as such special police, which shall be indicated by 
some appropriate badge of office, and when so authorized, he shall 
be clothed with full ^police powers. 

§ 11. Whoever trespasses upon any fair grounds, or commits any 
depredations upon the property of any agricultural society, by cut- 
ting or destroying any timber or trees, breaking or carrying away 
any box, trough, stall, bench, fence, lock, door, gate, lumber or other 
appurtenance to any fair ground, whether within or without the en- 
closure thereof, shall be fined not less than five nor exceeding two 
hundred dollars, and shall be liable, civilly, for all damages sus- 
tained by such wrongful act. 

§ 12. Whoever shall keep any shop, booth, tent, wagon, vessel, 
boat or other place for the sale of spirituous liquors, or expose for 
sale, or sell, give away or otherwise dispose of any spirituous liquors, 
or engages in gaming at or within two miles of the place where any 
agricultural, horticultural or mechanical fair is being held, shall, 
for each offense, be fined not less than five nor more than one hun- 
dred dollars : Provided, this section shall not affect tavern-keepers, 
distillers or others exercising their calling at their usual place of 
business. 



ANIMALS. 



§ 13. Any person violating the provisions of the preceding sec- 
tion may be arrested upon view or upon warrant, by any sheriff, 
coroner, constable or other officer authorized to make arrest ; and 
such officer may also seize the booth, tent, wagon, vessel or 
boat and articles to be sold, and convey the same before a justice 
of the peace, with the offender, and upon a judgment being rendered 
against the offender, the same may be sold upon the execution 
issued upon such judgment ; and if sufficient property is not found 
to satisfy such fine, the offender may be committed to the county 
jail until the fine and costs are paid, or the prisoner discharged 
according to law. 

§ 14. Wherever the word "fair" occurs in this act, it shall be 
held to mean a bona fide exhibition of the four principal classes of 
live stock, together with general agricultural and horticultural pro- 
ducts and mechanical arts. 

§ 15. All acts and parts of acts, inconsistent with the provisions 
of this act, are hereby repealed. 

Approved June 23, 1883. 



ANIMALS. 



PLEURO-PNEUMONIA. 



1. Amend the the title of the act of 1881. 

2. Amend the act of 1881 by adding sec- 

tions 10, 11 and 12, making it apply 
to contagious or infectious glan- 



ders among horses. Appropriates 
$10,000 for the purposes of this act. 

§ 3. Emergency. 



An Act to amend the title of an act entitled "An act to suppress and 
prevent the spread of pleuropneumonia among cattle," approved May 
3", 1881, and to add to said act three additional sections. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Asse?nbly: That the title of an act entitled "An 
act to suppress and prevent the spread of pleuro-pneumonia among 
cattle," approved May 31, 1881, be and the same is hereby amended 
so as to read as follows : An act to suppress and prevent the spread 
of contagious pleuro-pneumonia among cattle, and contagious and 
infectious glanders among horses, mules and asses. 

§ 2. And be it further enacted, That there is hereby added to said 
act three additional sections, to be known as sections 10, 11 and 12, 
which shall read as follows : 



APPROPRIATIONS. 



Section 10. And be it further enacted, That all rales, regulations, 
requirements, fees, salaries and penalties that attach to, or are em- 
braced in the act aforesaid, shall apply and be enforced in like 
manner in the suppression of and prevention of the spread of the 
disease known as contagious or infectious glanders among horses, 
mules and asses ; and that all officers, agents or employees named 
in said act, shall have all the authority to and shall be required to 
enforce all laws laid down in said act for the suppression and pre- 
vention of pleuro-pneumonia among cattle, for the suppression of 
and the prevention of the spread of contagious and infectious glan- 
ders among horses, mules and asses, and for said purpose may use 
and exercise all the powers mentioned in said act. 

Section 11. And be it further enacted, That the sum of ten thou- 
sand dollars ($10,000) is hereby appropriated for said purposes, or 
so much as is necessary, $3,000 of which shall be used as a con- 
tingent fund, for which said veterinary surgeon shall give bond with 
approved security, and a sworn statement to the Governor of the 
manner and necessity for such expenditure, out of any moneys in 
the State treasury not otherwise appropriated. 

[§ 3.] Section 12. Whereas, the disease, known as contagious and 
infectious glanders, is now prevailing in many parts of the State, en- 
tailing great loss in property of the State and endangering human life, 
therefore an emergency exists, and this act shall be in force from 
and after its passage. 

Approved June 13, 1883. 



APPROPRIATIONS. 



AGRICULTURE — STATE AND COUNTY BOARDS. 



1, Appropriations for state and county 
boards— premiums, salaries, 
museum, porter, crop reports. 



§ 2. How drawn, 

§ 3. Payments to county boards. 



An Act making an appropriation for the State Board of Agriculture, 
and the county and other agricultural societies. 

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 Board of Agriculture the following sums, 
to-wit : For the payment of premiums at the annual State Fair 
and Fat Stock Show, the sum of five thousand dollars per annum, 
for the years 1883 and 1881; and for the use of each county or 
other agricultural society, the sum of one hundred dollars per an- 
num, to be paid to the treasurer of the society, for the years 1883 
and 1881. 



APPKOPRIATIONS. 



For the salary of the secretary, the sum of two thousand four 
hundred dollars per annum, for the years 1883 and 1884. 

For clerk hire, the sum of fifteen hundred dollars per annum, 
for the years 1883 and 1:84. 

For curator, the sum of six hundred dollars per annum, for the 
years 1883 and 1884. 

For porter, the sum of six hundred dollars per annum, for the 
years 1883 and 1884. 

For the museum, the sum of three hundred dollars per annum, 
for the years 1883 and 1884. 

For the expense of collecting and publishing crop statistics, the 
sum of twelve hundred dollars per annum, for the years 18S3 and 
1884. 

For the purchase of books, maps and charts, and for binding 
periodicals and papers, the sum of four hundred dollars per annum, 
for the years 1883 and 1884. 

For repairs, postage, expressage and other incidental office ex- 
penses, the sum of twelve hundred dollars per annum, for the years 
1883 and U84. 

§ 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 Treas- 
urer, in favor of the treasurer of the State Board of Agriculture, 
for the sums herein appropriated : Provided, that each warrant 
shall show the agricultural society for whose benefit the same is 
drawn, and that no warrant shall be drawn in favor of any agri- 
cultural society unless the order aforesaid be accompanied by a 
certificate of the State Board of Agriculture, showing that such 
agricultural society held an agricultural fair during the preceding 
year, in compliance with the rules and regulations, as provided by 
law : Provided, further, that no part of the moneys herein provided 
for shall be drawn from the public treasury prior to the first day 
of July, A. D. 18S3 : And, provided, that no warrant shall be drawn 
in favor of any agricultural society until the president and treasurer 
of such society have filed an affidavit with the State Board of Agri- 
culture that no wheel of fortune or any other gambling device were 
licensed or allowed upon their fair grounds. 

§ 3. It shall be the duty of the treasurer of the State Board of 
Agriculture to pay over to the proper officer of each agricultural 
society the sum received for its use and benefit, as aforesaid, and 
make a biennial report to the Governor of all such appropriations 
received and disbursed by him. 

Approved June 25, 1883. 



APPROPRIATIONS. 



ALTON CITY COURT. 

§ 1. Appropriates $133.70, balance of salary, 1869, of A. H. Gambrill, Prosecuting Attorney. 

An Act to appropriate the balance of salary due the Prosecuting Attor- 
ney of the Alton City Court for the six months and twenty 'days 
ending September 20, 1869. 

Whereas, the prosecuting attorney of the Alton city court was by 
law entitled to an annual salary of five hundred dollars ($500), for 
the term of office of said prosecuting attorney, and the General As- 
sembly at its session A. D. 1869, appropriated only the sum of two 
hundred and fifty dollars ($250) per annum, for the payment of 
said salary ; and 

Whereas, A. H. Gambrill was the prosecuting attorney of said 
Alton city court for the six months and twenty days ending Sep- 
tember twentieth, A. D. 1869, and received in part payment therefor 
only the sum of one hundred and thirty-eight dollars and seventy- 
three cents ($138.73), being at the rate of two hundred and fifty 
($250) dollars per annum, leaving due and unpaid to the said A. 
H. Gambrill the sum of one hundred and thirty-eight dollars and 
seventy cents ($138.70) ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of one hundred and 
thirty-eight dollars and seventy cents ($138.70) be and the same is 
hereby allowed and appropriated to pay the balance of salary due 
said A. H. Gambrill, as prosecuting attorney of the Alton city court, 
for the quarters ending May 31st and August 31st, 1869, and for the 
twenty days ending September 20th, 1869, and that the Auditor of 
Public Accounts draw his warrant on the State Treasurer in favor 
of said A. H. Gambrill for said sum of one hundred and thirty-eight 
dollars and seventy cents ($138.70), -to be paid out of any moneys in 
the treasury not otherwise appropriated. 



This bill having remained with the Governor ten days after the adjournment of the 
General Assembly, and he having failed to approve it or to file it with his objections in 
my office before the expiration of said ten days, it has thereby become a law. 

Witness my hand, this 29th day of June, A. D. 1883. 

HENRY D. DEMENT, Secretary of State. 



APPROPRIATIONS. 



ALTON CITY COURT. 

§ 1. Appropriates $19G.19, balance salary 1872, of Alex. W. Hope, ^Prosecuting Attorney. 

An Act to appropriate the balance of salary due the Prosecuting Attor- 
ney of the Alton City Court for nine months and twelve days, 
ending July \, 1872. 

Whereas, the prosecuting attorney of the Alton [city] court was, by 
law, entitled to an annual salary of five hundred dollars ($500), for 
the term, of office of said prosecuting attorney, and the General As- 
sembly at its sessions in 1869 and 1872, appropriated only the sum 
of two hundred and fifty dollars ($250) per annum for the payment 
of said salary ; and 

Whereas, Alex. W. Hope was the prosecuting attorney of said 
Alton city court for nine months and twelve days ending July 
1, 1872, and received in payment therefor only the sum of one hun- 
dred and ninety-six dollars and nineteen cents ($196.19), being at 
the rate of two hundred and fifty dollars ($250) per annum, leav- 
ing due and unpaid to the said Alex. W. Hope the sum of one 
hundred and ninety-six dollars and nineteen cents ($196.19) ; there- 
fore, 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of one hundred and 
ninety-six dollars and nineteen cents ($196.19) be and the same is 
hereby appropriated and allowed to pay the balance due as salary to 
said Alex. W. Hope as prosecuting attorney of the Alton city court, 
for the quarters ending November 30, 1871, February 29, 1872, May 
3], 1872, and for thirty days ending June 80, 1872, and that the 
Auditor of Public Accounts draw his warrant on the State Treasurer 
in favor of said Alex W. Hope, for the said sum of one hundred 
and ninety-six dollars and nineteen cents ($196.19), to be paid out 
of any moneys in the treasury not otherwise appropriated. 



This bill having remained with the Governor ten days after the adjournment of the 
General Assembly, and he having failed to approve it or file it with his objections in my 
office before the expiration of said ten days, it has thereby become a law. 

Witness my hand, this 29th day of June, A. D. 1883. 

HENRY D. DEMENT, Secretary of State. 



APPROPRIATIONS. 



BATTLE FLAGS. 



§ 1. 



Appropriates $10,000 for cases, for 
preservation of flags. 



§ 2. How drawn. 



An Act to appropriate a sum sufficient to purchase cases in ivhich to 
place for preservation the flags, and to properly care for said flags, 
in the Adjutant-General 's office. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of ten thousand dol- 
lars, or so much thereof as may be necessary, be, and the same is, 
hereby appropriated for the purpose of restoring, repairing, and of 
procuring cases in which to place for preservation the flags now in 
the office of the Adjutant-General of this State. 

§ 2. The money appropriated by the foregoing section shall be 
expended by the Governor and Adjutant-General, in the most ju- 
dicious manner practicable, and the Auditor of Public Accounts is 
hereby authorized to draw his warrants therefor, upon the certificate 
of the Adjutant-General, approved by the Governor. 

Approved June 25, 1883. 



BRAIDWOOD AND COULTERVILLE MINE-SUFFERERS. 



§ 1. Appropriates $10,000 for destitute 
families at Braidwood, and $2,000 
for families at Coulterville. 



§ 2. Names committees to distribute 
money, and requires report of 
acts to Governor. 

§ 3. Emergency. 



An Act for the relief of the surviving families of coal miners destroyed 
by the disaster to Diamond Mine No. 2, near Braidwood, February 
16, lfe83, and for the relief of the surviving families of those killed 
at Coulterville by an explosion in a coal mine, January 8, 188 1. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of ten thousand dol- 
lars (§10,000) is hereby appropriated out of any money in the State 
treasury not otherwise appropriated, for the relief of the surviving 
families of those persons killed by the flooding of Diamond Mine 
No. 2, located near Braidwood, Illinois, on February 16, 1883 ; and 
the further sum of two thousand dollars ($2,000) be and is hereby 
appropriated out of any money in the State treasury not otherwise 
appropriated, for the relief of the surviving families of miners killed 
by an explosion in a coal mine at Coulterville, Illinois, January 8, 
1883. 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrant for the sum of ten thousand dollars in behalf of Eob- 
ert Houston, E. W. Felton and William H. Odell, who are hereby 
constituted a committee to distribute said money to the surviving 



10 APPROPRIATIONS. 



families of thoce who lost their lives at Diamond Mine No. 2, near 
Braidwood. And said Auditor of Public Accounts is also further 
authorized to draw his warrant for the sum of two thousand dol- 
lars ($2,000) in behalf of Rev. J. H. Gibson, S. M. East and Na- 
thaniel Childs, who are hereby constituted a committee to distribute 
said money to the surviving families of those who lost their lives 
by an explosion in a coal mine at Coulterville, Illinois. Said sev- 
eral committees shall distribute said several sums for the benefit of 
said several families. And they shall take into account the con- 
dition and necessities of the several families ; and said several com- 
mittees shall report in detail a full account of the distribution of 
said several sums of money to the Governor of the State of Illinois. 
Said several committees, and each member thereof, shall serve, in 
the distribution of said several funds, without compensation or re- 
ward. 

§ 3. Whereas, the surviving families of those killed in said dis- 
asters are suffering and in want of immediate pecuniary relief, 
therefore an emergency exists, and this act shall be in force and 
effect from and after its passage. 

Approved March 20, 1883. 



ILLINOIS AND MICHIGAN CANAL. 

I 1. Appropriates $20,000 per annum for § 3. Quarterly reporis to Auditor, of re- 

repairs and expenses. ceiptsand disbursements. 

§ 2. How drawn. 

An Act making appropriation for the necessary repairs and running 
expenses of the Illinois and Michigan canal until the expiration of 
the first fiscal quarter after the adjournment of the next General As- 
sembly. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented 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 
from the State treasury, for the first year, the sum of twenty thou- 
sand dollars ($20,000), and for the second year, the sum of twenty 
thousand dollars ($:i0,000), or so much of each as may be absolutely 
necessary 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 op- 
erating 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 ap- 
proval of the Governor. 



APPROPRIATIONS. - 11 



§ 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 quar- 
ter, from every source, and how and to whom the same has been 
disbursed. 

Approved June 25, 1883. 



JACOB O. CHANOE. 

§ 1. Appropriates $75 salary as librarian §2. How drawn, 

of Supreme Court, Southern Grand §3. Emergency. 

Division. 

An Act to allow Jacob 0. Chance the sum of seventy-Jive dollars, due 
him as librarian of the Southern Grand Division of the Supreme 
Court of the State of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there is hereby allowed to 
Jacob 0. Chance, librarian for the Southern Grand Division of the 
Supreme Court of said State, the sum of seventy-five dollars. The 
said sum being due to the said Chance because of his services 
as such librarian from the 31st day of March, A. D. 1881, to the 
30th day of June, A. D. 1881. 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrant, payable out of any moneys in the State treasury, not 
otherwise appropriated, in favor of the said Jacob 0. Chance, for 
the amount herein allowed, whenever he, the said Chance, shall pre- 
sent his said claim, and the same is certified to be correct by any two 
of the judges of the Supreme Court of the State of Illinois. 

§ 3. Whereas, the above sum of money, herein appropriated, has 
long since been due and payable, therefore an emergency exists, 
and this act shall take effect and be in force from and after its 
passage. 

This bill having remained with the Governor ten days after the adjournment of the 
General Assembly, and he having failed to approve it or to file it with his objections in 
my office before the expiration of said ten days, it has thereby become a law. 

Witness my hand, this 29th day of June, A. D. 1883. 

HENRY D. DEMENT, Secretary of State. 



12 APPROPRIATIONS. 



CHICAGO DEAF AND DUMB SCHOOL. 

§ 1. Appropriates $5, 000— donation for § 2. How drawn. • 

support. 

An Act to appropriate money for the support of a School for Deaf and 
Dumb Children in the city of Chicago. 

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 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 the city of Chicago, and under the management and con- 
trol of the board of education of the city of Chicago : said money 
to be used in the education of deaf and dumb children in said 
school, and said school shall, so far as its accommodations will per- 
mit, 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 
Chicago, 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 the orders 
of the said board of education for the expenses incurred in the edu- 
cation of deaf and dumb children in said school. 

Approved June 25, 1883. 



DAIRYMAN S ASSOCIATION. 

§ 1. Appropriates $500 per annum to aid § 2. How drawn, 

in publishing reports. 

An Act to aid the Illinois Dairyman s Association in compiling, pub- 
lishing and distributing their reports. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: Tbat the sum of five hundred 
dollars ($500) per annum be, and the same is hereby appropriated 
to aid the Illinois Dairyman's Association in compiJing, publishing 
and distributing their reports. 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrant on the State Treasurer for the sum in this act specified, 
to the order of the president of said association ; and the State 
Treasurer shall pay the same out of any funds in the State treasury 
not otherwise appropriated. 

Approved April 24, 1883. 



APPROPRIATIONS. 



FRANKLIN COUNTY. 

§ 1. Appropriates $1,780.56 for expenses § 2. How drawn, 

in suppressing ku-klux. 

An Act to reimburse Franklin county for amounts expended by said 
county in suppressing an insurrection against the laivs of the State of 
Illinois, by bodies of armed men known as the "Ku-Klux-Klan." 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of seventeen 
hundred and eighty dollars and fifty-six cents be and the same is 
hereby appropriated to reimburse the county of Franklin for that 
amount of money advanced and paid by said county as expenses in 
enlisting militia, transporting arms and furnishing horses, together 
with supplies and subsistence for the same, also for furnishing medical 
assistance for wounded prisoners and guards, and subsistence for 
the same, and also attorneys' fees, together with court expenses in 
prosecuting said offenders, which said expenses were incurred in 
suppressing an insurrection against the laws of the State of Illinois 
by an armed organization known as the "Ku-Klux-Klan." 

§ 2. That the Auditor of Public Accounts is hereby authorized 
and required to draw his warrant payable to the treasurer of Frank- 
lin county, for the aforesaid sum mentioned in section one (1) of 
this act, amounting to seventeen hundred and eighty dollars and 
fifty-six cents ($1,780.56.) 

Approved June 25, 1833. 



HORTICULTURAL society. 
§ 1. Appropriates $2,000 per annum. 

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

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That tnere be appropriated for 
the use of the Illinois State Horticultural Society the sum of two 
thousand dollars ($2,000) per annum for the years 1883 and 1884, 
to be expended by said societv for the purpose and in the manner 
specified in "An act to reorganize the Illinois Horticultural Society/' 
approved March 24, 1874. 

Approved June 25, 1883. 



14 APPROPRIATIONS. 



INDUSTRIAL UNIVERSITY. 




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 of Urbana, for the pay- 
ment of taxes accruing in the years 1882 and 1883, on lands owned 
by the State and held for the use of said institution, in the county 
of Gage, in the State of Nebraska, and in the counties of Pope, 
Kandiyohi 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 1883 and 1884, the sum of 
three thousand dollars ($3,000), per annum. 

For current expenses of the chemical, physical and botanical lab- 
oratories of the said university, and for the purchase of new and 
improved apparatus for the same, for the years 1883 and 1884, the 
sum of one thousand five hundred dollars ($1,500), per annum. 

For current expenses of educational work and the practical in- 
struction of students in the mechanical shops of the said university, 
for the years 1883 and 1884, the sum of one thousand five hundred 
dollars ($1,500), per annum. 

For the university library and museums, for the years 1883 and 
1884, to-wit : for the purchase of books and publications and for 
binding the same, one thousand five hundred dollars ($1,500), per 
annum; for collecting, preparing and mounting specimens for the 
cabinets of geology, mineralogy and natural history, one thousand 
dollars ($1,000), per annum. 

For current expenses of instruction in the several departments of 
the university, for the years 1883 and 1884, fourteen thousand dol- 
lars ($14,000), per annum. 

For erecting an addition to the machine shop, to provide for the 
instruction of mechanical students in blacksmithing and foundry 
work, and for the necessary fittings and tools for the same, as per 
plans and estimates, two thousand five hundred dollars ($2,500). 

For the purchase of additional machines and tools for the machine 
and carpenters' shops, two thousand dollars ($2,000). 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the Treasurer for the sums hereby 
appropriated, upon the order of the president of the board of trus- 
tees of the said university, attested by its secretary, and with the 
corporate seal of the university : Provided, that no part of said sums 
shall be due and payable to said institution until satisfactory vouch- 
ers in detail, approved by the Governor, shall be filed with the 



APPROPRIATIONS. 15 



Auditor for all previous expenditures incurred by the institution 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 June 18, 1883. 



JACOB AND NICHOLAS LUCINGER. 

§ 1. Appropriates $290 for damages to § 2. Ho^v drawn, 

lands. [ 

An Act for the relief of Jacob and Nicholas Lucinger, of Bureau 
county, Illinois, and making an appropriation in their favor. 

Whereas, the General Assembly, by an act 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, 1879, appropriated 
(among other appropriations for the benefit of many such owners) 
to the said Jacob and Nicholas Lucinger, the sum of two hundred 
and ninety dollars, for damages sustained by them to their lands, 
by reason of the construction of the said dam across the Illinois 
river near Henry, Illinois ; and, 

Whereas, the said two hundred and ninety dollars remains wholly 
unpaid, and the same is lapsed into the State treasury without their 
fault ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the said sum of two hun- 
dred and ninety dollars be, and the same is hereby appropriated to 
the use and benefit of the said Jacob and Nicholas Lucinger, in 
payment of the damages allowed to them in the above act, and the 
same shall be in full of all claim or demand for damages against 
the State, sustained by said Jacob and Nicholas Lucinger by reason 
of the construction of said dam. 

§ 2. Upon a release being filed with the Auditor of Public Ac- 
counts, of all such damages which have accrued or may hereafter 
accrue, by the said Jacob and Nicholas Lucinger, and the present 
owner or owners of all land formerly owned by said Lucinger and 
damaged by the construction of the dam on the Illinois river near 
Henry, the Auditor of Public Accounts shall draw his warrant on 
the State Treasurer for the said sum of two hundred and ninety 
dollars, in favor of the said Jacob and Nicholas Lucinger, payable 
out of any funds in the State treasury not otherwise appropriated. 

Approved June 25, 18:3. 



16 APPROPRIATIONS. 



LAW LIBRARY AT THE CAPITOL. 

§1. Appropriates $4, 000. I §2. How drawn. 

An Act making an appropriation for the purchase of books for the 
State law library, at the Capitol. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there is hereby appro- 
priated for the purchase of books for the State law library, at the 
Capitol, the sum of four thousand dollars ($1,003). 

§ 2. The judges of the Appellate Court for the Third District 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 
library, such books as in their judgment are most useful and neces- 
sary, the total cost of said books not to exceed the sum hereby ap- 
propriated, 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 certifi- 
cates, out of the rtloney hereby appropriated. 

Approved June 25, 1883. 



mound city. 

§ 1. Appropriates $8,000 for levees. j § 3. How drawn. 

§2. The appropriation hereby made to be I §4. The money hereby appropriated not 

in lieu of any and all claims against to be used for any other pur- 

the State. pose. 

An Act making an appropriation to the city of Mound City, Pulaski 
County, Illinois, jor the purpose of strengthening and improving 
the levees along the Ohio river at that place. 

Whereas, the recent floods in the Ohio river have demonstrated 
the fact that property at many points on said river is constantly in 
danger of being swept away; and 

Whereas, the corporate authorities of Mound City, in Pulaski 
county, are unable to raise by taxation [a sum sufficient] to prevent 
the flooding of said town at any unusual rise in the Ohio river, and 
thus prevent the destruction of large amounts of property thereby ; 
therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the sum of eight thous- 
and dollars ($8,000) be, and the same is hereby appropriated out 
of any money now in the State treasury, not otherwise appropria- 
ted, for the purpose of strengthening and improving the levees at 
said city of Mound City. 



APPROPRIATIONS. 



17 



§ 2. The above amount shall be in lieu of all claims of Mound 
City against the State of Illinois by virtue of any law of said State 
appropriating or allowing said city to appropriate to itself moneys 
for the purpose of building levees. 

§ 3. The Auditor of Public Accounts is hereby authorized to 
draw his warrant on the State treasury for the sum of money 
hereby appropriated, payable to the treasurer of Mound City. 

§ 4. The moneys hereby appropriated shall be used for the pur- 
poses hereinbefore set forth, and for no other purpose whatever. 



This bill having remained with the Governor ten days, Sundays excepted, the 
General Assembly being in session, it has thereby become a law. 



Witness my hand this 13th day of April, A.\D. 1883. 



HENRY D. DEMENT, 

Secretary of State. 



MONUMENT TO JAMES A. MULLIGAN AND VOLUNTEERS OF THE BLACK 

HAWK WAR. 



§ 3. 



Appropriates $2,500 to the Mulligan 
Monument Board. 

The money hereby appropriated shall 
not be drawn until a like sum has 
been raised by private subscrip- 
tion, and deposited with said 
board. 

How drawn after certain conditions 
have been complied with. 



§ 4. Advertisement for proposal for con- 
tracts by said board. 

§ 5. Payment on contract. 

§ 6. Appropriates $500 for a monument 
to the soldiers who fell at "Still- 
man's Run" — Appointment of com- 
mission to erect. 



An Act to make an appropriation to erect a monument over the grave 

of Col. James A. Mulligan, at Calvary Cemetery, Cook County, 

Illinois, and certain Illinois Volunteers who fell in the Black 
Hawk tear. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly; That the sum of two thousand 
five hundred dollars ($2,500) be, and the same is hereby appropria- 
ted by the General Assembly, subject to the order of the board of 
trustees, to consist of three (3) members, to be known as the "Mul- 
ligan Monument Board," who shall be appointed by the Governor, 
upon "the passage of this law. 

§ 2. This amount shall not be drawn by the said board until 
such time as the People of the State of Illinois shall have raised 
alike amount, viz: two thousand five hundred ($2,500) dollars, and 
shall have deposited it with the said board, subject to their order. 

§ 3. When the said "Mulligan Monument Board" shall have re- 
ceived from the People of the State of Illinois this sum of money, 
they shall issue an order upon the State Auditor, who shall draw 
his warrant upon the State Treasurer, for the sum appropriated by 
the General Assembly, said money to be paid out of any money in 
the State Treasury not otherwise appropriated. 

—2 



18 APPROPRIATIONS. 



§ 4. When this board shall have this sum of five thousand dol- 
lars ($5,000) in their possession, it shall be their duty to advertise 
for bids for the erection of a monument over the grave of Colonel 
James A. Mulligan, at Calvary Cemetery, in Cook county, Illinois, 
and they shall let said contract to the lowest responsible bidder, 
the contract price not to exceed five thousand dollars ($5,000). 

§ 5. Upon the completion of said monument and its receptance 
by the board, they shall pay to the contractor for said work the sum 
designated in his contract. 

§ 6. And the farther sum of five hundred dollars ($500) be, and 
the same is hereby appropriated to erect a monument over the 
common grave of those Illinois volunteers who fell at the battle of 
"Stillman's Run," so called, which is now Ogle county, in the Black 
Hawk War of 18B2, and that the same be expended under the direc- 
tion of Albert F. Brown and Joshua White of said county, and 
Starkey B. Powell of Scott county, any two of whom may act in 
case of the absence, or neglect of the other to act ; said sum to be 
paid to said persons last aforesaid, or any two of them, on their 
application therefor, who shall within a reasonable time report to 
the Governor, with proper vouchers showing the manner of expend- 
ing said sum : Provided, that the sum of twenty-five dollars ($25) 
of the amount last aforesaid may be expended in acquiring title to 
the land in the name of the State of Illinois, upon which said 
grave is situated, with the privilege to all persons of ingress and 
egress thereto. 

Approved June 25, 1883. 



NATIONAL GUARD. 

5 1. Appropriates $75,000 per annum for I § 3. Repeals sec. 1 of the military code. 

expenses. | § 4. Transfer balances from "Military" 

§2. How drawn. I to "Revenue" fund. 

An Act to provide for payment of the Illinois National Guard for 
the year ending July 1, 1884, and, for the year ending July 1, 
1885, and to transfer balance of military fund to the general reve- 
nue fund. 

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 pay the expenses of the Illinois National Guard, 
for the years ending July 1, 1881, and July 1, 1885, the sum of 
$75,000 per annum. 

§ 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. 



APPROPRIATIONS. 19 



§ B. That all that part of section 1, article 10, of an act to 
provide for the organization of the State Militia, and entitled "The 
Military Code of Illinois," now in force, providing for the levy and 
collection of one-tenth of a mill for military purposes, is hereby 
repealed. 

§ 4. That any unexpended balance that may be in State treasury 
to the credit of military fund on the first day of July, 1883, shall 
be transferred on the warrant of the Auditor of Public Accounts to 
the general revenue fund ; and that any military tax collected from 
the levy of 1882, and paid into State Treasury after July 1, 1883, 
shall also be placed to the credit of general revenue fund. 

Approved June 25, 1883. 



NORMAL UNIVERSITIES. 

Normal. 

§ 1. Appropriation for support of. I § 2. How drawn. 

An Act making an appropriation for the ordinary expenses of the State 
Normal University, at Normal, and for 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 hereby is 
appropriated to the State Normal University, in addition to one-half 
of the interest of the college and seminary fund, which is hereby 
appropriated, the further sum of seventeen thousand five hundred 
dollars per annum, payable quarterly in advance, for the payment 
of salaries, for the purchase of fuel, for additions to the library, for 
school apparatus, and for incidental expenses : Provided, that the 
expenses of the model school connected with and forming a part of 
the said State Normal University, shall be paid out of the receipts 
for tuition of pupils in said school, and not from the above appro- 
priation or any part thereof. 

§ 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 Board of Education of the 
State of Illinois, signed by the president and attested by the sec- 
retary of said board with the corporate seal of said institution : 
Provided, that satisfactory vouchers in detail, approved by the Gov- 
ernor, 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 money herein appropriated shall 
be due and payable until such vouchers shall have been filed. 

Approved June 25, 1883. 



20 APPKOPRIATIONS. 



Southern. 

§ 1. Appropriations for support of. | § 2. How drawn. 

An Act making an appropriation for the ordinary expenses of the 
Southern Illinois Normal University, at Carbondale, in Jackson 
county. 

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 ($12,056.44), 
per annum, for the payment of salaries ; the sum of one thousand 
dollars ($1,000), per annum, for fuel ; the sum of seven hundred and 
fifty dollars (750), per annum, for repairs; the sum of seven hundred 
and fifty dollars ($750), per annum, for library ; the sum of four 
hundred dollars ($400), per annum, for apparatus; the sum of five 
hundred dollars ($500), per annum, for the use of the museum ; the 
sum of three hundred and fifty dollars ($350), per annum, for trus- 
tees' expenses, and the sum of three hundred dollars ($300), per 
annum, for care of grounds ; for the necessary excavation and 
erection of a brick coal house, the sum of four hundred dollars 
($400) ; and these several sums shall be payable quarterly in advance 
from the first day of July, 1883, to the expiration of the first fiscal 
quarter after the adjournment of the next General Assembly : Pro- 
vided, 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 the said Southern Illinois Normal 
University, signed by their president and attested by the secretary, 
with the corporate seal attached : Provided, that satisfactory vouch- 
ers in detail, approved by the Governor, shall be filed quarterly 
with the Auditor of Public Accounts, for all the expenses, 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 June 25, 1883. 



APPROPRIATIONS. 21 



PENITENTIARIES. 

Joliet. 

§ 1. Appropriations for repairs and im- § 2. How drawn, 

provements. 

An Act making appropriations for repairs and improvements in the Illi- 
nois State Penitentiary, at Joliet, for constructing an artesian well, 
providing new ovens, enlarging gas works, introducing gas into west 
cell house, and reconstructing the sewers connected tvith said peniten- 
tiary. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented 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 painting, relaying floors, repairing and repointing walls, re- 
pairing roofs, sidewalks, steam and water pipes, boilers and machin- 
ery, and making such other repairs as may be required to keep the 
machinery and fixtures, buildings, walls, grounds, and appurtenances 
of said penitentiary in as good condition as they now are, the sum 
of three thousand five hundred dollars per annum, or so much 
thereof as may be necessary, from the first day of July, 1883, to the 
expiration of the first fiscal quarter after the adjournment of the 
next General Assembly. 

For introducing gas into the west cell house, the sum of one thou- 
sand five hundred dollars. 

For enlarging the gas works and providing new gas holder, the 
sum of two thousand dollars. 

For providing two improved rotary ovens for the convict kitchen, 
the sum of two thousand three hundred dollars. 

For securing an increase in the supply of water for said peniten- 
tiary, either by sinking an artesian well, or making connection with 
the Joliet city water works, as may, upon investigation by the com- 
missioners, be deemed best for the State, the sum of six thousand 
five hundred dollars, or so much thereof as may be necessary. 

For reconstructing the sewers connected with said penitentiary, 
and replacing the present stone drains with sewer pipe, the sum of 
six thousand dollars, or so much thereof as may be necessary. 

§ 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 peni- 
tentiary, signed by the president and attested by the secretary, with 
the seal of said institution thereto affixed. 

Approved June 25, 1883. 



22 APPROPEIATIONS. 



Joliet. 

§ 1. Appropriates $50,000 for ordinary ex- § 2. Vouchers and statements, 

penses. 

An Act to provide for the ordinary expenses of the Illinois State Pen- 
itentiary, at Joliet. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of fifty thousand 
dollars, or so much thereof as may be necessary, be, and the same 
its hereby appropriated as a penitentiary fund, to defray such por- 
tions of the current expenses of the Illinois State Penitentiary, at 
Joliet, until the expiration of the first fiscal quarter after the ad- 
journment of the next regular session of the General Assembly, as 
the earnings of convict labor in said penitentiary may be insufficient 
to defray ; which sum shall be paid out upon the warrant of the 
Auditor of Public Accounts, in sums not exceeding ten thousand 
dollars at any one time. 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 warden of the Illinois 
State Penitentiary, in sums not exceeding ten thousand dollars at any 
one time, on receiving the statements of the warden and board of com- 
missioners of said penitentiary, approved by the Governor as here- 
inafter provided, showing that such money is necessary for the 
purposes contemplated by this act. 

§ 2. Said commissioners shall file with the Auditor of Public 
Accounts, monthly statements, accompanied by proper vouchers, 
showing all receipts and disbursements of money during the pre- 
ceding month on account of current expenses, from what sources 
received and for what purposes expended, which statements shall be 
sworn to by the warden, certified to be correct by at least two com- 
missioners, and approved by the Governor. If a necessity exists for 
drawing money under the provisions of this act, said commissioners 
shall file with the Auditor an additional statement, sworn to, cer- 
tified and approved as herein required for their monthly statements, 
which shall show the balance of cash on hand and all sums, in de- 
tail, due to and from said penitentiary, and shall also show that 
the available resources of said penitentiary, outside of the money 
herein appropriated, are insufficient to meet its liabilities; and no 
warrant for money herein appropriated shall be drawn by the 
Auditor, unless the provisions of this section are complied with. 

Appeoved June 25, 1883. 



APPROPRIATIONS. 



Southern. 

§ 1. Appropriates $150, QUO for ordinary §2. Statements filed with the Auditor, 

expenses— how drawn. 

An Act making an appropriation to meet the ordinary expenses of the 
Southern Illinois Penitentiary. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of one hundred 
and fifty thousand dollars, or so much thereof as may be necessary, 
be, and the same is hereby appropriated out of any money in the 
treasury not otherwise appropriated, for the purpose of defraying 
the ordinary expenses of the Southern Illinois Penitentiary, and the 
Auditor of Public Accounts is hereby authorized and required to 
draw his warrant on the State Treasurer for the money herein ap- 
propriated, payable to the order of the commissioners of said peni- 
tentiary, in sums not exceeding ten thousand dollars ($10,000), at 
any one time, on receiving the certificate of said board of commis- 
sioners, approved by the Governor, that such money is necessary 
for the purposes of this act. 

§ 2. After said board 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 ($1,000), 
and after having drawn any sum, they shall file proper vouchers, 
accompanied by an abstract of the same, properly certified by said 
commissioners and approved by the Governor, showing in what 
manner the sum previously drawn has been expended. 

Approved June 25, 1883. 



Southern. 



§ 1. Authorizes purchase of land. , § 4. Appropriations for repairs and im- 

§ 2. Appropriations for purchase of land. i provements. 

§ 3. How drawn-title deeds. ' § 5 - How drawn. 

An Act to authorize the Commissioners of the Southern Illinois Peni- 
tentiary, at Chester, to purchase land for the use of the peniten- 
tiary, and for the erection of certain buildings and improvements, 
and to make appropriation therefor. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Commissioners of the 
Southern Illinois Penitentiary at Chester, be, and are hereby au- 
thorized to purchase for the use of said penitentiary, the following 
tracts of land, to-wit : That portion of the fractional southwest quar- 
ter of section fourteen (14), township seven (7) south, range seven 



24 APPROPRIATIONS. 



(7) west, not contained in survey No. 540, claim No. 292, contain- 
ing one hundred and three and seventy-two one hundredths (103 ^fa) 
acres, more or less. Also that portion of the fractional southeast 
quarter of said section lying between said survey and the ground 
belonging to the Southern Illinois Penitentiary, containing thirty- 
two and two one-hundredths (32 y|- (T ) acres, more or less. Also, 
that part of the northwest quarter of the northeast quarter of sec- 
tion twenty-three (23), containing five and sixty-five one-hundredths 
(5 T Vo) acres, more or less ; and that portion of the northeast quar- 
ter of the northwest quarter of said section twenty-three (23), con- 
taining six and sixty-five one-hundredths (6 /v^) acres, lying north 
of the Mississippi river and adjoining said penitentiary grounds on 
the west, all in Randolph county, Stale of Illinois, for the sum of 
three thousand dollars ($3,000). Also the lot on which is situated 
the sandstone quarry, from which the present buildings of said pen- 
itentiary are constructed, containing five (5) acres, more or less, for 
the sum of one thousand dollars ($1,000) : Provided, a good and 
valid title, to be approved by the Attorney-General, can be made 
for said tracts of land to the State by the present owners thereof. 

§ 2. The sum of four thousand dollars ($4,000) is hereby appro" 
priated out of any money in the State treasury not otherwise ap- 
propriated, for the purchase of the, real estate described in this act 
and for no other purpose. 

§ 3. The commissioners of the Southern Illinois Penitentiary 
shall present to the Governor the abstracts of title and all other 
papers connected with the purchase of said real estate, and upon 
his certifying his approval of the title thereto, said penitentiary 
commissioners are authorized to make requisition upon the Auditor, 
who shall draw his warrant upon the State Treasurer for the 
amount necessary to pay for said real estate, not to exceed the 
amount appropriated by this act. 

§ 4. For the erection of that portion of the wall of said prison, 
extending north from the north end of the present cell house, fifteen 
hundred dollars ($1,500). 

For building a sewer on the north side of the prison yard, four 
thousand five hundred dollars ($4,500). 

For the erection of an ice house 80x40x20, having a capacity to 
store 1,650 tons, building to be of stone and brick and truss roof, 
covered with shingles, three thousand dollars ($3,000). 

§ 5. The Auditor of Public Accounts is hereby authorized and 
instructed to draw his warrant on the Treasurer for said sums, only 
[on] the filing of vouchers therefor, payable to the order of the com- 
missioners, upon receiving the certificate of the commissioners of 
said penitentiary, approved by the Governor, that said money is 
necessary for the purposes contemplated by this act. 

Approved June 21, 1883. 



APPROPRIATIONS. 25 



Southern. 

§ 1. Appropriates $30,000 for current ex- i §3. Vouchers for money expended. 

penses. § 4_ Emergency. 

§ 2. How drawn. I 

An Act making an appropriation to meet the current expenses of the 
Southern Illinois Penitentiary, for the months of April, May and 
June, A. D. 1883. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That the sum of thirty thous- 
and dollars ($30,000) be, and the same is hereby appropriated out 
of any money in the treasury not otherwise appropriated, to defray 
the current expenses of the Southern Illinois Penitentiary, for the 
months of April, May and June, A. D. 1883. 

§ .2. The Auditor of Public Accounts is hereby authorized and 
instructed to draw his warrant on the Treasurer for said sum, pay- 
able to the order of the commissioners, upon receiving the certifi- 
cate of the commissioners of said penitentiary, approved by the 
Governor, that said money is necessary for the purposes contemp- 
lated in this act. 

§ 3. Said commissioners shall file with the Auditor proper 
vouchers, accompanied by a certified abstract of the same, showing 
to whom, and for what, said money has been expended. 

§ 4. Whereas an emergency exists, this act shall take effect 
from and after its passage. 

Approved June 25, 1883. 



ROSE CLARE FLOOD' SUFFERERS. 

§ 1. Appropriates $5,000 for destitute in- | § 2. Names commissioners to disburse 
habitants— caused by floods. the fund. 

§ 3. Emergency. 

An Act to appropriate ($5,000) five thousand dollars for the relief 
of the destitute inhabitants of the town of Rose Clare, who hare 
been and are rendered destitute by the present floods in the Ohio 
river. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly.- That the sum of ($5,000) five 
thousand dollars be, and the same is hereby appropriated out of 
any money in the treasury not otherwise appropriated, for the re- 
lief of the destitute inhabitants of the town of Rose Clare, in Hardin 
county, who have been rendered and who are now destitute in con- 
sequence of the present floods in the Ohio river. The Auditor of the 
State is hereby required to draw his warrant for said sum of money, 
payable to W. S. Morris, of the Senate, and James M. Gregg, of 



26 APPROPRIATIONS. 



the House of Representatives, to be by them distributed as herein- 
before directed : Provided, that no part of the money hereby ap- 
propriated shall be used to compensate any person for property 
destroyed or damaged by said floods. 

§ 2. The money appropriated by this act shall be disbursed by 
and through a committee, consisting of W. S. Morris, of the Sen- 
ate, and James M. Gregg, of the House of Eepresentatives. Said 
committee shall, within one month after disbursing said sum of 
money, render to the Governor a detailed account of the disburse- 
ments, together with the names of persons to whom relief may 
have been afforded under this act. 

§ 3. Whereas, an emergency exists by reason of the present 
suffering and destitution of persons to be relieved under this act, 
therefore this act shall be in force from and after its passage. 

Approved March 9, 1883. 



SHAWNEETOWN FLOOD SUFFERERS. 

§ 1. Appropriates $30,000 for the relief of § 2. Names commissioners to distribute 

destitute people in Shawneetown the money appropriated, and re- 

and Gallatin county, caused by quires report of acts, 

floods. I § 3. Emergency. 

An Act to appropriate thirty thousand dollars ($30,000) out of any 
moneys in the State Treasury not otherwise appropriated, for the re- 
lief of the destitute of Shawneetown and Gallatin county, who have 
been rendered destitute by the present floods in the Ohio and Wabash 
rivers. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of thirty thousand 
dollars ($30, COO) be, and the same is hereby appropriated out of 
any funds in the State treasury not otherwise appropriated, for 
the relief of the destitute inhabitants of the city of Shawneetown 
and Gallatin county who have been and are rendered destitute by 
the floods of the Ohio and Wabash rivers, and the Auditor of Pub- 
lic Accounts is hereby required to draw his warrant on the State 
Treasurer for said sum of money, payable to the commissioners 
hereinafter named, to be by them disbursed under this act. 

§ 2. The money appropriated by this act shall be disbursed by 
and through the following named persons : Alexander K. Lowe, 
Thomas S. Ridgway and Charles Carroll, who are hereby appointed 
commissioners to execute 'the provisions of this act : Provided, that 
no part of the money hereby appropriated shall be used to com- 
pensate any person for property destroved or damaged by said 
flood. The commissioners hereinbefore named, or a majority of 
them, shall make a report of their expenditures of the money herein 



APPROPRIATIONS. 



27 



appropriated, to the Governor of this State. Said report shall show 
in detail the manner of, and to whom, said money shall have been 
paid. 

§ 3. Whereas, an emergency exists, by reason of the present 
suffering and destitution of persons to be relieved under this act, 
therefore this act shall take effect and be in force from and after 
its passage. 

Approved March 16, 1883. 



STATE CHARITABLE INSTITUTIONS. 



Blind. 



1. Appropriations for ordinary ex- 
penses, repairs and improve- 
ments. 



§ 2. Appropriations for fences, purchase 
of lands, mangle. 



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

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That, for the ordinary expenses of 
the Illinois Institution for the Education of the Blind, the sum of 
thirty-two thousand dollars ($32,000) per annum is hereby appro- 
priated, to be paid quarterly in advance, from the first clay of July, 
1883, until the expiration of the first fiscal quarter after the adjourn- 
ment of the next General Assembly ; and for repairs and improve- 
ments, the sum of fifteen hundred dollars ($1,500) per annum, pay- 
able to the trustees or their order in the manner now provided by 
law. 

§ 2. For the construction of a fence on the east, north and west 
sides of the grounds thereof, the sum of twelve hundred dollars 
($1,200). For the purchase of twenty-two acres of land for pastur- 
age, the sum of twenty-five hundred ($2,500). For a steam or gas 
heated mangle, the sum of five hundred and fifty dollars ($550). 

§ 3. 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 en- 
titled thereto. 

Approved June 21, 1833. 



28 APPROPRIATIONS. 



Deaf and Dumb. 

§ 1. Appropriations for kitchen and re- § 2. How drawn, 

frigerator house. 

An Act making appropriations for the Illinois Institution for the Ed- 
ucation of the Deaf and Dumb. 

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 ap- 
propriated to the Illinois Institution for the Education of the Deaf 
and Dumb, the sums of six thousand dollars ($6,000), for the erec- 
tion of kitchen building and employes' quarters ; five thousand dol- 
lars ($0,000), for the erection of a refrigerator house. 

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

Approved June 21, 188S. 



Deaf and Dumb. 

§ 1. Appropriations for ordinary expenses, repairs and improvements. 

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 
pupils' library. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That, for the purpose of defraying 
the ordinary expenses of the Illinois Institution for the Education 
of the Deaf and Dumb, the sum of ninety-seven thousand dollars 
($97,000), per annum, is hereby appropriated out of the State treas- 
ury, payable quarterly in advance, from the first day of July, 18S3, 
until the expiration of the first fiscal quarter after the adjournment 
of the next General Assembly. And that there be, and is hereby 
appropriated, the further sums of two thousand dollars ($2,000), per 
annum, for repairs and improvements ; and five hundred dollars 
($500),. per annum, for the pupils' library, from the first day of 
July, 1883, 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 of the aforesaid institution, or their order, on the 
terms and in the manner now provided by law. 

Approved June 21, 1883. 



APPROPRIATIONS. 29 



EYE AND EAR INFIRMARY. 

§ 1. Appropriations for ordinary expen- I § 2 - ^P™^* 4 *?? 8 for repairs and im " 
bes - I § 3. How drawn. 

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

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there is hereby 
appropriated to the Illinois Charitable Eye and Ear Infirmary, at 
Chicago, for ordinary expenses, the sum of seventeen thousand dol- 
lars ($17,000), per annum, from the first day of July, 1883, 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 per annum is hereby 
appropriated ; for the purchase of additional furniture, the sum of 
one thousand dollars per annum is hereby appropriated ; for remov- 
ing old wood stable and building brick stable and shed, the sum of 
nineteen hundred and fifty dollars ($1,950) is hereby appropria- 
ted. 

§ 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 June £5, 1833. 



FEEBLE-MINDED CHILDREN. 
§ 1. Appropriations for ordinary expenses, repairs and improvements. 

An Act making appropriations for the Illinois Asylum for Feeble- 
Minded Children. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That, for the purpose of de- 
fraying the ordinary expenses of the Illinois Asylum for Feeble- 
Minded Children, the sum of fifty-six thousand dollars ($56,000) per 
annum be, and the same is hereby appropriated out of the State 
treasury, payable quarterly in advance, from the first day of July, 
1883, 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 two thousand dollars 
($2,0C0) for the construction of a laundry building, in addition to 
the three thousand dollars which was appropriated by the last 



APPROPRIATIONS. 



General Assembly; which, being insufficient for the purpose, re- 
mains in the State Treasury, and which sum is hereby re-appro- 
priated for the same purpose. 

Also the sum of five thousand dollars ($5,000) for finishing, fur- 
nishing, steam heating, plumbing and ventilating the basement, 
main building and wings. 

One thousand' dollars ($1,000) for constructing a reservoir or cis- 
tern for soft water. 

Two thousand dollars ($2,000) per annum for repairs, and five 
hundred dollars ($500) per annum for improvement of grounds. 

§ 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 June 21, 1883. 



HOSPITAL FOR THE INSANE. 



Eastern. 



§ 1. Appropriates $400, 000 for additional 
buildings. 

§ 2. Specifies the character of the build- 
ings. 

§ 3. Plans and specifications must be sub- 
mitted to the Governor and Board 
of Public Charities for approval. 



§ 4. How the money appropriated by- 
section 1 shall be drawn. 

§ 5. Appropriates $li5, 000 per annum for 
the support of patients in new 
building. 



An Act making an appropriation to the Illinois Eastern Hospital for 
the Insane, at Kankakee, .for the erection, completion and fur- 
nishing of additional buildings, to be used as dormitories and 
living rooms, and for the sustenance of the patients who may 
occupy the same. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of four hundred 
thousand dollars ($400,000), or so much thereof as may be 
necessary, be, and the same is hereby appropriated to the Illinois 
Eastern Hospital for the Insane at Kankakee, for the erection, 
completion and furnishing of additional j buildings, to be used as 
dormitories and living rooms. 

§ 2. Said building shall be of a plain, substantial character, of 
brick or stone, or brick and stone, not more than two stories in 
height, corresponding in general plan and design to the detached 
wards heretofore erected at said Illinois Eastern Hospital for the 
Insane, and shall be sufficient to accommodate not less than one 



APPROPRIATIONS. 31 



thousand inmates, to be received from all portions of the State in 
the proportion as now, or may be hereafter provided by law from 
counties. 

§ 3. Detailed plans, specifications, and estimates of expense, 
showing that said additional buildings, sufficient to accommodate 
not less than one thousand inmates, can be erected, completed and 
furnished at a total cost of not to exceed said sum of four hundred 
thousand dollars ($400 ; 000), shall be prepared and submitted to the 
Governor and the State Board of Charities, and approved by them, 
before any of said buildings shall be begun or contracted for ; and 
no contract for any building shall be made for a greater cost than 
four hundred dollars per capita. 

§ 4. The Auditor of Public Accounts is hereby authorized to 
draw his warrants on the treasury for the money hereby appropria- 
ted, upon the orders of the board of trustees of said Illinois Eastern 
Hospital for the Insane, signed by the president and attested by 
the secretary, with the seal of said institution thereto attached, 
subject to the limitations and conditions contained and expressed 
in section 18, 19 and 20 of an act entitled "An act to regulate the 
State charitable institutions, and the State Eeforrn School, and to 
improve their organization and increase their efficiency," approved 
April 15, 1874. 

§ 5. For the additional expense of maintenance of one thousand 
patients, when the buildings herein provided for shall have been 
completed, or of maintenance pro rata of a smaller number, in case 
any part of the said buildings shall be completed and made ready 
for occupancy before the whole shall have been completed, the 
sum of one hundred and twenty-five thousand dollars per annum is 
appropriated, which is at the rate of one hundred and twenty-five 
dollars per annum for each patient maintained ; and the said 
appropriation shall be due and payable as follows, to-wit : When- 
ever any portion of the said additional buildings have been erected, 
constructed, furnished and provided with all necessary conveniences 
for the reception of patients, the trustees of the hospital shall cer- 
tify that fact to the Governor, and shall state the number of 
patients who can be accommodated in the additions then com- 
pleted ; and the Governor shall, after satisfying himself of the truth 
of said certificate, deliver the same to the Auditor of Public' 
Accounts, who shall thereupon draw his warrant upon the Treasurer 
in. favor of the trustees of the hospital for a pro rata allowance for 
each additional patient provided for, at the rate of thirty-five cents 
a day from the filing of the certificate until the end of the current 
fiscal quarter year, and thirty-one dollars and twenty-five cents per 
quarter year thereafter, until the expiration of the first fiscal quarter 
after the adjournment of the next General Assembly. 

Approved June 18, 1883. 



32 APPROPRIATIONS. 



Eastern. 

§ 1. Appropriations for ordinary ex- § 2. How drawn, 

penses, repairs, and improve- . 
ments. < 

An Act making appropriations for the Illinois Eastern Hospital for 
the Insane, at Kankakee. 

Section 1. Be it enacted by the Veople 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. 

For additional boiler and pump for water-works, six thousand 
dollars ($6,000). 

For fire hydrants and hose required to protect detached wards 
and rear buildings against fire, one thousand dollars ($1,000). 

For the construction of filter bed, pure water basin, and settling 
basin, twelve thousand dollars ($12,000). 

For the construction and completion of refrigerating house, three 
thousand dollars ($3,000). 

For purchase of not less than one hundred and fifty acres of ad- 
ditional land, ten thousand dollars ($10,000) ; the title to be 
examined and approved by the Attorney General before warrant 
drawn for the amount. 

For furniture for fifty (50) patients now present in excess of 
number provided for, also, for additional furniture for kitchen and 
laundry, for amusement hall and bath-house, three thousand five 
hundred dollars ($3,500). 

For library, five hundred dollars ($500). 

For musical instruments, means of recreation for patients, one 
thousand dollars ($1,000). 

For improvement of grounds and * farm, one thousand dollars 
($1,000), per annum, for two years. 

For additional stock and farm implements, two thousand dollars 
($2,000), per annum, for two years. 

For pipe covering in new buildings, one thousand dollars ($1,000). 

For repairs and improvements, four thousand dollars ($4,000), per 
annum, for two years. 

For ordinary expenses, payable quarterly in advance, for the year 
commencing July 1, 1883, the sum of one hundred and four thous- 
and dollars ($101,000), and the sum of one hundred and four thous- 
and dollars ($104,003) 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 manner now pro- 
vided by law : And, provided further, that the sums hereby appro- 
priated for the improvements herein, be the full amounts for the 
objects specified, and the trustees shall not make any contract for 
any portion of the building, or expend any portion of the ap- 
propriation hereby made, unless the said appropriation is suf- 
ficient to complete all of the said improvements and finish the same. 

Approved June 21, 188S. 



APPROPKIATIONS. 



33 



Central. 



1. Appropriations for ordinary expenses 
repairs and improvements. 



2. How drawn. 



An Act making appropriations for the ordinary expenses of the Illinois 
Central Hospital for the Insane, at Jacksonville, and for general re- 
pairs and improvements thereon. 

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 Central Hospital for the 
Insane, at Jacksonville, for the purposes hereinafter named : 

For defraying the ordinary expenses of the said hospital, from July 
1, 1883, the sum of one hundred and ten thousand dollars ($110,000) 
per annum, payable quarterly in advance, until the expiration of the 
first fiscal quarter after the adjournment of the next General As- 
sembly. 

For repairs and improvements, five thousand dollars ($5,000) per 
annum. 

For additional appropriation for end walls and improvements in 
connection with rebuilding the same, five thousand dollars ($5,000.) 

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

For renewing heating surfaces in two sections of the main build- 
ing, two thousand dollars ($2,000) per annum. 

For one fire pump, 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 June 21, 1883. 



Central. 



§ 1. Appropriates $135,000 for additional §3. How appropriation drawn. 

buildings. 
§ 2. Superintendent and trustees have 

charge of work. 

An Act making an appropriation for erecting a detached building to the 
Central Hospital for the Insane, at Jacksonville, and for heating, fur- 
nishing and completing the same. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That for the purpose of erecting an 
additioaal building to the Central Hospital for the Insane, the sum 
of one hundred and thirty-five thousand dollars ($135,000) is hereby 
appropriated, out of any money in the State treasury not otherwise 
appropriated. The amount herein named shall be for the erection 
—3 



34 APPROPRIATIONS. 



of a good and substantial brick building for the proper accommo- 
dation of three hundred patients, with the necessary officers, atten- 
dants and employes for their care, piping the same for gas, water 
and steam, erecting a suitable boiler house and procuring boilers, 
providing kitchen and cooking fixtures, together with all necessary 
furniture for completing the building for occupancy by patients. 

§ 2. The superintendent of said hospital, under the direction of 
the board of trustees, shall procure plans, and shall have general 
charge and supervision of the work of constructing and finishing 
this addition. 

§ 3. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant upon the Treasurer, upon the order of 
the board of trustees, signed by the president of said board, and 
attested by the secretary, with the corporate seal of the institution 
thereto affixed, subject to the limitations contained in sections 
eighteen, nineteen and twenty of an act entitled '"'An act to regu- 
late the state charitable institutions and the reform school, and to im- 
prove their organization and increase their efficiency," approved 
April 15, 1875. 

Approved June 21, 1883. 



Northern. 

§ 1. Appropriations for ordinary expen- § 2. How drawn, 

ses, repairs and improvements. 

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

Section 1. Be it enacted by 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 Northern Hospital for the 
Insane, at Elgin, for the purposes hereinafter named, and for no 
other, viz : 

For ordinary expenses, the sum of one hundred and six thousand 
dollars ($106,000) per annum, payable quarterly, in advance, from 
the first day of July, A. D. 1883, 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 six thousand dollars 
($6,000) per annum; total, $12,000. 

For improvement of grounds, the sum of one thousand dollars 
($1,000) per annum ; total, $2,000. 

For front fence and gateways, the sum of fifteen hundred dollars 

($1,500.) 

For increase of patients' library, the sum of five hundred dollars 
($500) per annum; total, $1,0C0.) 



APPROPRIATIONS. 35 



For changing high pressure system of heating in south wing and 
central building to low pressure, completing air ducts, etc., to con- 
form to changes in north wing, the sum of eighteen thousand eight 
hundred and eighty-one dollars and seventy-seven cents ($18,881.77.) 

For two new boilers and boiler fronts, setting and making con- 
nections, etc., the sum of four thousand three hundred and forty 
dollars ($4,340.) 

For new washing machines, steam mangle and elevator for hoist- 
ing wet clothes from wash room to dry room, the sum of two thou- 
sand dollars ($2,000.) 

For the purchase of electrical apparatus to be used in the treat- 
ment of patients, the sum of one thousand dollars ($1,000.) 

§ 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 June 21, 1883. 



Southern. 



1. Appropriations for ordinary ex- 
penses, repairs and improve- 
ments. 



2. How drawn. 



An Act making appropriations for the Illinois Southern Hospital 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 the following amounts be, and 
are hereby appropriated to the Southern Hospital for the Insane at 
Anna, for the purposes herein named : 

For ordinary expenses from July 1, 1883, the sum of ninety-eight 
thousand dollars per annum, thereafter, until the expiration of the 
first fiscal quarter after the adjournment of the next General As- 
sembly. 

For repairs and improvements, three thousand dollars per annum. 

For care and improvements of grounds, one thousand dollars per 
annum. 

For a new main sewer, three thousand dollars. 

For settling basin and filter, pure water reservoir and pipes, ten 
thousand dollars. 

For an additional fire pump, discharge pipes and fire plugs, out- 
side of the building, two thousand five hundred dollars. 

For five-eighths mile of fence, two hundred and fifty dollars. 

For converting barracks into a permanent cottage, four thousand 
dollars. 



30 APPROPRIATIONS. 



For famishing same, two thousand dollars. 

For the purchase of one hundred and sixty acres of land, sixty- 
four hundred dollars ; the title to be examined and approved in 
writing by the Attorney-General before warrant drawn for the 
amount. 

§ 2. The money 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 June 21, 1883. 



Southern, 

§-1. Appropriation for building. | §2. How drawn. 

An Act making special appropriations for an addition to the north wing 
of the Hospital 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 the following amount be, and 
the same is hereby appropriated to the Illinois Southern Hospital 
for the Insane, at Anna : For building an addition to the north 
wing, for the accommodation of thirty-two patients of the more ex- 
cited and dangerous class, twenty-two thousand dollars ($22,000) 
together with the unexpended balance of the appropriation made for 
the rebuilding of the north wing, after the fire of April 19th, 1881, 
which is hereby reappropriated. 

§ 2. The money hereby 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 June 21, 1883. 



SOLDIERS ORPHANS HOME. 

§ 1. Appropriations for ordinary ex- § 3. How drawn, 

penses. 

§ 2. Appropriations for repairs and im- 
provements. 

An Act entitled. "An act to make appropriations for the Illinois Soldiers' 
Orphans' Home, and to maintain said institution for the next two 
years. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That from and after the first day 
of July, A. D. 1883, until the expiration of the first fiscal quarter 
after the adjournment of the next regular session of the General 



APPROPRIATIONS. 37 



Assembly, there is hereby appropriated to the Illinois Soldiers' 
Orphans' Home the sum of fifty-five thousand dollars ($55,000), per 
annum, payable quarterly in advance, for the ordinary and inci- 
dental expenses of said institution. 

§ 2. There is further appropriated to said Illinois Soldiers' Or- 
phans' Home the following amounts, to-wit : 

For improvements and repairs, five thousand dollars ($5,000). 
For a new hospital building, the additional sum of two thousand 
five hundred dollars ($2,500). 
For library books, the sum of five hundred dollars ($500). 
For furniture, the sum of five hundred dollars ($500). 

§ 3. 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 trus- 
tees signed by the president and attested by the secretary, with the 
seal of the institution, subject to the provisions of sections eighteen 
(18), nineteen (19) and twenty (20) of an act to regulate State in- 
stitutions, approved April 15, 1875. 

Approved June 25, 1883. 



REFORM SCHOOL. 

§ 1. Appropriations for ordinary ex- ! § 2. How drawn, 
penses, repairs and improvements. I 

An Act making appropriations for the Illinois State Reform School, at 

Pontiac. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That the following amounts be, and 
are hereby appropriated to the Illinois State Eeform School, at Pon- 
tiac, for the purposes herein named, and for none other: 

For ordinary expenses, the sum of forty-two thousand dollars per 
annum. 

For repairs and improvements of the west wing of said Eeform 
School, the sum of nine thousand dollars. 

For the erection of a new family building, the sum of thirty 
thousand dollars. 

For a new boiler, two thousand five hundred dollars. 

For a heater and purifier, one thousand dollars. 

For three cisterns, five hundred dollars. 

For stand-pipe and hose for protection against fires, three hun- 
dred and seventy-five dollars. 

For fire-pump, pipe and connections, seven hundred dollars. 



38 APPROPRIATIONS. 



For the purchase of books for library, two hundred dollars per 
annum. 

For painting wood-work inside of buildings, five hundred dollars. 

For extraordinary and incidental expenses, one thousand dollars 
per annum. 

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

Approved June 21, 1883. 



RICHARD SHINNICK. 

§ 1. Appropriates $5,765 for extra work on Southern Hospital for the Insane. 

An Act to pay Richard Shinnick damages suffered by a failure of the 
State of Illinois to perform its contract with him for ivork and mate- 
rial on the Southern Insane Asylum, and for extra ivork. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That there shall be and hereby is 
appropriated to Richard Shinnick the sum of five thousand seven 
hundred and sixty-five dollars ($5,765.00), on account of extra work 
done by said Shinnick on the Southern Insane Asylum, under orders 
from the superintendent, on account of failure of the State to per- 
form its part of a contract made with said Shinnick for work in 
the erection of said asylum, as detailed below : 

For dumb waiters $460 

Extra cost of hauling stone, 3^ miles .... 2,700 

Additional cost of procuring stone 1,000 

Moving derricks 75 

Paying for use of quarry 550 

Milwaukee pressed brick 580 

Excavation not measured 400 

To be paid out of any money in the treasury not otherwise ap- 
propriated, and charged to the account of said asylum. 



This bill having remained with the Governor ten days after the adjournment of the 
General Assembly, and he having failed to approve it, or to file it with his objections in 
my office before the expiration of said ten days, it has thereby become a law. 

Witness my hand this 29th day of June, A. D. 1883. 

HENRY D. DEMENT, Secretary of State. 



APPROPEIATIONS. 



39 



ESTATE ALFRED SPINK. 
§ 1. Appropriates $150 for services in examining books and accounts of Joliet Penitentiary. 

An Act to allow the estate of Alfred Spink one hundred and fifty dol- 
lars for an examination and report on the condition of the books 
and accounts of the penitentiary, made by Alfred S}rink in his 
lifetime. 

Whereas, an appropriation was made by the General Assembly 
by an act approved May 27, A. D. 1874, for the payment of one 
hundred and fifty dollars to Alfred Spink for an examination and 
report on the condition of the books and accounts of the peniten- 
tiary made by him, and which said appropriation of one hundred 
and fifty dollars has never been withdrawn from, but has lapsed to 
the treasury of the State of Illinois, and the said Alfred Spink has 
since died ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there is hereby appropri- 
ated out of any moneys in the State treasury not otherwise appro- 
priated, the sum of one hundred and fifty dollars, to pay for the 
services rendered by Alfred Spink, deceased, in his lifetime, making 
an examination and report on the condition of the books and 
accounts of the Illinois Penitentiary, and on the presentation o 
properly receipted bills by the administrator of his estate, to the 
Auditor of Public Accounts, he shall draw his warrant on the State 
Treasurer in favor of said estate for said amount. 



This bill having remained with the G-overnor ten days after the adjournment of the 
General Assembly, and he having failed to approve it, or to tile it with his objections in my 
office before the expiration of said ten days, it has thereby become a law. 

Witness my hand this 29th day of June, A. D. 1883. 

HENRY D. DEMENT, Secretary of State. 



COMPLETION OF STATE HOUSE. 



§ 1. Appropriates $531,712. 

§ 2. Appointment of three commissioners 
by the Governor to superintend 
the work, prescribes their duties, 
and fixes their compensation. 



§ 3. Provides for submitting the appro- 
priation hei-eby made to a vote 
of the people for ratification, and 
prescribes the manner of draw- 
ing the money from the State 
Treasury. 



An Act to provide means for the completion and furnishing the State 
House and for the improvement of the grounds, and to provide for 
the appointment of three commissioners. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of five hundred 
and thirty-one thousand, seven hundred and twelve dollars ($531,71"2) 
be., and the same is hereby appropriated for the completion and 



40 APPKOPKIATIONS. 



furnishing of the State House, and for the improvement of the 
grounds, payable, as hereinafter provided, out of any moneys in 
the State treasury not otherwise appropriated. 

§ 2. The Governor shall, by and with the consent of the Senate, 
appoint three discreet and skillful persons to act as commissioners 
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 thonsand dollars each, 
within thirty 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 commissioners 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 
commissioners shall be at the rate of five hundred dollars per an- 
num, and shall be paid out of this appropriation. 

§ 3, This act shall not take effect until it shall first have been 
submitted to a vote of the people of the State of Illinois, at the 
general election to be held on the first Tuesday after the first Mon- 
day in November, 1884, and shall have been approved by a majority 
of all the votes polled at such election. At the said election, the 
ballots, in so far as they relate to this act, shall be in the following 
form: ''For the $531,712 appropriation;" and when so voted, it 
shall count in favor of this act ; but if canceled with ink or pencil, 
it shall be counted against this act. The returns of the whole vote 
cast at the said election, and the votes for the adoption or rejection 
of this act, shall be made and canvassed by the same officers and 
in the same manner as are the votes for presidential electors ; and 
if it shall appear that a majority of the votes polled are "for the 
$531,712 appropriation," the Governor shall make proclamation 
thereof, and this act shall take effect from and after the date of 
such proclamation, and the amount hereby appropriated shall be 
payable as follows : Two hundred thousand dollars ($200,000) shall 
be payable immediately thereafter out of any money in the State 
treasury not otherwise appropriated, and the remaining three hun- 
dred and thirty-one thousand seven hundred and twelve dollars 
($331,712), or so much thereof as may be necessary, shall be pay- 
able at such time or times as may hereafter be provided by the 
General Assembly ; and the Auditor of Public Accounts will there- 
upon draw his warrants on the Treasurer, payable out of such 
appropriation, on the accounts of expenditure, as heretofore, when 
duly certified to by the State House Commissioners, or a majority 
of them, and approved by the Governor; but if a majority of the 
votes cast are "against the $531,712 appropriation," then this act 
shall be null and void. 

Appeoved June 14, 1883. 



APPROPRIATIONS. 



41 



PAVING AND CURBING STREETS IN FRONT OF STATE HOUSE. 



§ 1. 



Secretary of State authorized to 
make contracts. 



Appropriates $25,000 for the purpose, 
and providing that this act shall 
not take effect until the city of 
Springfield shall have completed 
the paving of the remaining por- 
tion of the streets named, and 
provided for paving Capital ave- 
nue from Second to Tenth streets. 



An Act to provide for the construction of curb and flag stones on the 
east, north and ivest sides of the capitol grounds, and for the 
paving of one-half the streets adjacent thereto. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Secretary of State is 
hereby authorized and instructed to procure the construction of 
stone curbing and a sidewalk of stone nagging along the east side 
of the capitol grounds on Second street from the south line of said 
capitol grounds to Monroe street ; and along the north line of said 
capitol grounds on Monroe street from Second street to Spring 
street ; and along the west side of said capitol grounds on Spring 
street from Monroe street to the south line of said capitol grounds ; 
and also to procure the construction of a good and substantial pave- 
ment of wood, stone or brick, extending from said stone curbing to 
the middle of said streets hereinbefore described, and the entire 
width of that portion of Monroe street where the State owns the 
property on both sides thereof ; the said curbing, flagging and pave- 
ment to be of good and substantial material, and the labor to be 
performed in a workmanlike manner upon plans and specifications 
furnished by the Secretary of State, and under contracts let by him 
to the lowest responsible bidder. 

§ 2. The sum of twenty-five thousand dollars ($25,000), or so 
much thereof as may be necessary, is hereby appropriated for the 
expenditures authorized in this act, and the Auditor of Public 
Accounts is hereby required to draw his warrants upon the Treasurer, 
payable out of such appropriation, for the accounts of such expen- 
diture, upon the presentation of vouchers approved by the Secretary 
of State : Provided, that this act shall be of no force or effect until 
the city of Springfield shall have completed the construction, in a 
like manner, of the curbing and paving of the like remaining portion 
of the said streets hereinbefore described ; and shall also provide 
for the curbing and paving of Capitol avenue, in a good and sub- 
stantial manner, from Second street to Tenth street, and for the 
construction of a good and substantial sidewalk on the north side 
of Capitol avenue from Second street to Sixth street. 

Approved June }5, 1883. 



42 APPROPRIATIONS. 



STATE GOVERNMENT — GENERAL ASSEMBLY. 

§ 1. Appropriates $5,000 for incidental : § 3. Emergency. 

expenses. j 

§ 2. How drawn. I 

An Act to provide for the incidental expenses of the Thirty-third 
General Assembly, and for the care and custody of the State House 
and grounds, incurred, or to be incurred, and now unprovided for. 

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), or so much thereof as may be required, is hereby- 
appropriated to pay for the incidental expenses of the Thirty-third 
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. 
All expenditures 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 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 expenses incurred, or to be incurred, for the transaction of the 
business of the State and the General Assembly, therefore an 
emergency exists, and this act shall take effect from and after its 
passage. 

Approved January 31, 1883. 



GENERAL ASSEMBLY. 

§ l Appropriates $10,000 additional for § 2. Emergency, 

the payment of employes of the 33d 
General Assembly. I 

An Act making an additional appropriation for the payment of the 
employes of the Thirty-third General Assembly. 

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 appro- 
priated an additional sum of ten thousand dollars ($10,000), or so 
much thereof as may be necessary, to pay the employes of the 



APPROPRIATIONS. 



43 



Thirty-third General Assembly, at the rate of compensation allowed 
by law ; said employes to be paid upon rolls certified to by the 
presiding officers of the respective houses, or as otherwise provided 
ty law. 

§ 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 June 18, 1883. 



NEXT GENERAL ASSEMBLY, AND SALARIES OF OFFICERS. 

§ 1, Appropriates $800,000, or so much thereof as may be necessary. 

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. 

Section 1. Be it enacted by the People of the State qf Illinois, repre- 
sented in the General Assembly : That there be and is hereby ap- 
propriated the sum of eight hundred thousand dollars (§800,000), 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 June 25, 1883. 



ORDINARY AND CONTINGENT EXPENSES. 



1. Appropriates as follows: 

Clause 1-6. To the Governor: for con- 
tingent fund, clerk hire, 
office expenses, porter, 
care of mansion and 
grounds, and repairs. 
7. To the Secretary of State: 
for clerk hire, office ex- 
penses, porters^and mes- 
sengers, indexing, care 
of state house and 
grounds, restoring and 
cleansing paintings in 
state house and execu- 
tive mansion. 
8-9. To the Auditor; for clerk 
hire, porters and mes- 
sengers, office expenses, 
indexing fieldinotesfand 
surveys. 



Clause 10. To the Treasurer of State: 
for clerk hire, office ex- 
penses, watchmen, mes- 
senger and clerk. 

11. To the Superintendent of 

Public Instruction: for 
clerk hire, janitor and 
messenger, office ex- 

DC11S6S 

12. To the Attorney General: 

for clerk hire, porter 
and messenger, office 
expenses. 

13. To the Adjutant General: 

for clerks, ordnance ser- 
geant and janitor, in- 
dexing war records, re- 
pairs of arsenal, and 
office expenses. 



44 



APPROPRIATIONS, 



Clause 14. 



16. 



17. 



21. 



25. 



26. 



To the State Board of Char- 
ities: secretary's salary, 
clerk hire, and inci- 
dental expenses of the 
board. 

To the Auditor: for State 
suits. 

For conveying convicts to 
the penitentiary. 

For the apprehension and 
delivery of fugitives 
from justice. 

For conveying juvenile of- 
fenders to the reform 
school. 

Printing paper and sta- 
tionery. 

Incidental and contingent 
expenses of Supreme 
Court. 

Bailiff for tb.e Court of 
Claims. 

Public printing. 

Interest on school fund. 

Taxes paid in error, and 
over-payments on col- 
lectors' accounts. 

Janitors, watchmen and la- 
borers at the state house. 

Historical library and mu- 
seum: for salary of cu- 
rator, assistant curator, 
janitor, traveling expen- 
ses curator, new cases. 



Clause 27. Railroad and Warehouse 
Commissioners: for of- 
fice expenses, clerk 
hire, secretary's salary, 
incidental expenses, le- 
gal expenses, printing 
and publishing sched- 
ules. 

Employes of next General 
Assembly. 

Copying and distributing 
laws, etc. 

Heating and lighting state 
house. 

State Board of Equaliza- 
tion. 

Library Southern Peniten- 
tiary. 

Library Joliet penitentiary. 

Supreme Court reports. 

Heating department of the 
state house: for repairs. 

State Board of Health: for 
salary of secretary, of- 
fice expenses, salary of 
assistant secretary and 
clerk hire; contingent 
fund. 

State library: for books, 
and salary of assistant 
librarian. 

School fund. 

Bureau of Labor Statistics : 
for expenses, salary of 
secretary. 

Fish Commissioners. 

Committee expenses 34th 
General Assembly. 



28. 
29. 
30. 
31. 

32. 

33. 
34. 
35. 

36. 



37. 



:;!>. 



40. 
41. 



An Act to provide for the ordinary and contingent expenses of the 
State government until the expiration of the first fiscal quarter 
after the adjournment of the next regular session of the General 
Assembly. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented, in the General Assembly: That the following named sums be, 
and are hereby appropriated to meet the ordinary and contingent 
expenses of the State government until the expiration of the first 
fiscal quarter 'after the adjournment of the next regular session 
of the General Assembly: 

First — A sum not exceeding two thousand dollars ($2,000), 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 office, payable quar- 
terly, 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 inci- 
dental expenses connected with the Governor's office ; to be paid on 
bills of particulars, certified to by the Governor. 

Fourth — To the Governor, for one porter, the sum of seven hundred 
dollars ($700), per annum ; payable quarterly, upon the order of the 
Governor. 



APPEOPKIATIONS. 45 



Fifth — To the Governor, for repairs and care of executive 
mansion and grounds, and for heating and lighting the executive 
mansion, three thousand dollars ($3,000), per annum; to be paid on 
bills of particulars, certified to by the Governor. 

Sixth — To the Governor, for new roof for the executive mansion, 
and for repairing chimneys and fence, the sum of one thousand 
dollars ($1,000), or so much thereof as may be necessary; to be 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,c00) per annum; 
payable quarterly, upon his order. To the Secretary of State, for 
repairs, postage, expressage, telegraphing and other incidental ex- 
penses of the office, a sum not exceeding three thousand dollars 
($3,010), per annum ; payable upon bills of particulars, certified by the 
Secretary of State and approved by the Governor. To the Secretary 
of State, for two porters or messengers, the sum of seven hundred 
dollars ($700) each, per annum, payable monthly 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 in the 
care and custody of the State House and grounds and other State 
property, and in repairs 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 ($10,003) per annum, payable upon 
bills of particular, certified to by the Secretary of State and approved 
by the Governor ; also, to the Secretary of State, the further sum of 
five hundred and eighty dollars ($580), or so much thereof as may 
be necessary, to be used to pay for cleansing and restoring the pic- 
tures and regilding the frames of the five pictures now in the State 
House, and portraits of Governors now in the Executive Mansion. 

Eighth — To the Auditor of Public Accounts, for necessary 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 or messengers, the sum of seven 
hundred dollars ($700) each, per annum, payable quarterly, upon his 
order. To the Auditor of Public Accounts, for repairs, postage, 
express charges, telegraphing and other incidental expenses incurred 
in the discharge of his duties, a sum not exceeding one thousand 
five hundred dollars ($1,500) per annum: Provided, no part of the 
amount hereby appropriated shall be used to pay the expenses of 
the insurance department of said office of Auditor of Public Accounts, 
and he shall report the annual expenses of said insurance depart- 
ment to each General Assembly hereafter. 

Ninth — To the Auditor of Public Accounts, for the arrangement 
and proper indexing of the field notes and plats of the United States 
surveys recently received from the office of the late custodian, the 
sum of five hundred dollars ($500), payable upon his order. 



46 APPROPRIATIONS. 



Tenth — 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 _ 

Eleventh — 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 
perforin the duties of clerk when not otherwise employed, the sum 
of eight hundred 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 
($1,5C0), per annum; payable on bills of particulars, certified to by 
him and approved by the Governor. Appropriations made by this 
clause to be paid out of the State school fund. 

Twelfth — To the Attorney- General, for clerk hire, the sum of one 
thousand eight hundred dollars ($1,800), per annum, payable quar- 
terly, upon his order; and for a porter and messenger, who shall 
also act as porter and messenger for the Supreme Court reporter, 
the sum of six hundred dollars ($600), per annum; payable quarterly 
upon his order. To the Attorney-General for telegraphing, postage 
and other necessary expenses incurred in the discharge of his 
duties, a sum not to exceed two thousand dollars ($2,000), per an- 
num ; payable on bills of particular certified to him and approved 
by the Governor. 

Thirteenth — To the Adjutant-General, for clerks, ordnance sergeant 
and janitor to aid and assist him in the discharge of his duties, 
the sum of two thousand five hundred dollars ($2,500), per annum, 
payable quarterly, upon his order. To the Adjutant-General, fifteen 
hundred dollars ($1,500), for additional clerk hire for indexing the 
war records in his office concerning the late war of 1861 : Provided, 
that in the employment of clerks and assistants to carry on the 
business of the Adjutant-General's office, preference shall be given 
to only ex-Union soldiers, their widows, sons and daughters. For 
repairs on the arsenal and storehouse belonging to the State, the 
sum of four hundred dollars ($100). To the Adjutant-General, for 
telegraphing, postage aad other necessary office expenses, a sum not 
to exceed seven hundred dollars ($700), per annum : Provided, no 
part of the money hereby appropriated shall be drawn from the 
treasury except upon vouchers 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 



APPROPRIATIONS. 47 



annum, payable quarterly on bills of particulars, certified by them 
and approved by the Governor. 

Fifteenth — 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. 

Sixteenth — 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 Aud- 
itor to compute the distance by the nearest railroad route. 

Seventeenth — For the payment of the expenses provided for by 
law for the apprehension and delivery of fugitives from justice, 
twenty thousand dollars ($20, COO), or so much thereof as may be 
necessary, payable out of the levy of 1882, and fifteen ihousand 
dollars ($15,000) payable out of the levy of 1883, to be paid on the 
evidence required by law, certified and approved by the Governor; 
and the sum of three thousand dollars ($3,000) for rewards for 
arrests of fugitives from justice, to be paid upon bills of particulars, 
having the order of the Governor indorsed thereon. 

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

Nineteenth — For printing paper and stationery, for the use of the 
General Assembly and Executive departments, purchased on con- 
tracts as required by law, payable on delivery thereof, on bills of 
particulars, certified to by the Board of Commissioners of State 
Contracts, and approved by the Governor, the sum of fifteen thou- 
sand dollars ($15,000), or so much thereof as may be needed, pay- 
able out of the levy of 1882; and fifteen thousand dollars ($15,000), 
payable out of the levy of 1883. 

Twentieth — There is hereby appropriated to defray the incidental 
and contingent expenses of the Supreme Court, to- wit : For sta- 
tionery, repairs, furniture, expressage, books, and other expenses 
deemed necessary by the court, the following sums : To the Northern 
Grand Division, the sum of two thousand five hundred dollars 
($2,500) 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 ($1,500) per annum; 
the same to be payable upon bills of particulars, certified to by at 
least two of the justices of said court. 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 Appellate Courts when 
in session in their respective grand divisions, the following sums : 
To the Northern and Southern Grand Divisions, each, the sum of four 
hundred dollars ($400) per annum ; to the Central Grand Division, 
the sum of one thousand dollars ($1,000) per annum, payable quar- 



48 APPROPRIATIONS. 



terly, upon the certificate of at least two justices of said court. There 
is also appropriated 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, express- 
age, repairs, furniture, and other expenses deemed necessary by the 
respective courts, the following sums : To the First District, the 
sum of sixty-two hundred dollars ($6,200), per annum; to the Sec- 
ond District, the sum of two thousand dollars ($2,000), per annum; 
to the Third District, the sum of fifteen hundred dollars ($1,500), 
per annum ; to the Fourth District, the sum of one thousand dol- 
lars ($1,000), per annum; these sums to be paid upon bills of par- 
ticulars certified to by the clerks of the respective courts, and upon 
the order of at least two of the judges of the respective courts for 
which the expense was incurred. Also the sum of four hundred 
dollars ($400), per annum, to each of the Second and Third dis- 
tricts, 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 determined 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; also the sum of six thousand dollars 
($6,000), to be expended in purchasing law books for the library of 
the Appellate Court of the First District ; and the sum of six hun- 
dred dollars ($600), per annum, for the payment of the salary of a 
librarian, to be paid quarterly, upon the order of at least two of the 
judges of said court. 

Twenty-first — 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 court of claims, payable upon the order of the judges thereof. 

Twenty -second — For public printing, thirty thousand dollars ($30,- 
000), or so much thereof as may be required. For public binding, 
ten thousand dollars ($10,000) per annum, or so much thereof as 
may be required. The public printing and binding to be paid for 
according to the contract, upon the certificate of the Board of Com- 
missioners of State Contracts, and approved by the Governor. 

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

Twenty -fifth — 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 monthly upon the order of said Secretary of State. 



APPROPRIATIONS. 49 



Twenty -sixth — .For the salary of the curator of the Illinois State His- 
torical Library and Natural History Museum, the sum of two 
thousand dollars (§2,000) per annum, and for the salary of one as- 
sistant, the sum of six hundred dollars (§600) per annum, and for 
•a janitor, the sum of six hundred dollars (§600) per annum, pay- 
able monthly. For the contingent and necessary expenses of the 
curator, including traveling on business connected with his office, 
the sum of three hundred dollars ($800), per annum ; and for new 
cases for the museum, the sum of one thousand dollars ($1,000), 
payable on bills for work done, and approved by the Board of 
Trustees of the State Historical Library and Natural History 
Museum. 

Twenty-seventh — 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 sec- 
retary's salary, and for all necessary expenditures, except those 
hereinafter provided for, a sum not to exceed four thousand dollars 
($4,000) 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, including the fees of experts employed, the 
sum of five thousand dollars ($5,000) per annum, or such part 
thereof as may be needed for such purposes. For the printing and 
publication of schedules of reasonable maximum rates of charges for 
the transportation of passengers and freights and cars, made or re- 
vised for any or all of the railroads of this State, as provided by 
law, the sum of two thousand five hundred dollars ($2,500), or so 
much thereof as may be needed for such purpose. 

Twenty-eighth — 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 
jby law. 

Twenty-ninth — For copying the laws, journals and joint resolu- 
tions of the General Assembly, as provided by law, rive hundred 
dollars ($500). For distribution of the laws, journals, and other 
State documents, and incidental expenses connected therewith, the 
sum of five hundred dollars ($500), and for expressage and postage 
on same, five hundred dollars ($;00). 

Thirtieth — For heating, fuel and pay of engineers and firemen of 
the State House, and other incidental expenses thereof, the sum of 
ten thousand dollars ($10,003) 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 an- 
num, 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. 

Thirty-first — To the State Board of Equalization, for paying ex- 
penses, a sum not to exceed eight thousand dollars ($8,000), per 
annum, payable in the manner provided by law. 
—4 



50 APPROPRIATIONS. 



Thirty -second — The sum of two hundred and fifty dollars ($250), 
per annum, for the purchase of books for the library of the South- 
ern Illinois Penitentiary, at Chester, to be paid upon bills of par- 
ticulars having the order of the Governor endorsed thereon. 

Thirty-third — 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-fourth — Such sum as may be necessary to enable the Sec- 
retary of State to purchase such volumes of the reports of the de- 
cisions 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. 

Thirty-fifth — The sum of twenty-five hundred dollars ($2,500), or 
so much thereof as may be required, for repairs and necessary im- 
provements 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-sixth — To the State Board of Health, for salary of secre- 
tary, a sum not to exceed three thousand dollars ($3,0C0), per an- 
num ; for necessary office expense, including expenses incurred in 
attending meetings of the Board, and in making sanitary inspections, 
two thousand dollars ($2,000), per annum; for salary of assistant 
secretary, and additional clerk hire that may be needed, four thous- 
and dollars ($4,000), 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 
or threatened 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 aid- 
ing to prevent their spread, to be paid upon the order of the State 
Board of Health, signed by the president of the Board, and attested 
by the secretary. 

Thirty-seventh— Ho the State Library (Secretary of State), for the 
purchase of books and expenses of the State Library, two thousand 
five hundred dollars ($2,500), per annum, payable on bills certified 
by the Board of Commissioners of the State Library. Also, eight 
hundred dollars ($800), per annum, for salary of assistant librarian 
payable monthly, on the order of the Secretary of State, approved 
by the Governor. 

Thirty-eighth— -The sum of one million dollars ($1,000,000) annually, 
out of the State school fund, to pay the amount of the Auditor's 
orders for the distribution of said fund to the several counties. The 
Auditor shall issue his warrants on the proper evidence that the 
amount distributed has been paid to the county school superinten- 
dents. 

Thirty-ninth — To the Commissioners of Labor Statistics, the sum 
of three thousand dollars ($3,0C0), per annum, or so much thereof 
as may be necessary, for the current expenses of the Board in pro- 
curing statistics ; and the sum of two thousand dollars ($2,000), per 
annum, for the salary of their secretary. 



APPROPRIATIONS. 51 



Fortieth — The sum of five thousand dollars ($5,000), per annum, 
or as much thereof as may be necessary, to the Fish Commissioners 
of this State, to be used by them in pursuance of law; all expend- 
itures to be upon bills of particulars, certified to by a majority of 
the commissioners, and approved by the Governor. 

Forty-first — A sum not exceeding three thousand dollars, ($8,000), 
to pay the expenses of committees of the Thirth-fourth General As- 
sembly; such expenses to be certified as may be provided by reso- 
lution of either house. 

[§ 2.1 The Auditor of Public Accounts is hereby authorized and 
directed 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 June 22, 1883. 



STATE LABORATORY OF NATURAL HISTORY, AND ENTOMOLOGIST. 



1. Appropriations for field work, ex- 
pense of laboratory, traveling ex- 
penses of State Entomologist, im- 
provement of library, assistant's 
salary, and publications. 



| 2. How drawn. 

§ 3. Limitation of act. 



An Act making an appropriation for the ordinary expenses of the State 
Laboratory of Natural History, at Normal, for the improvement of 
the library thereof, and for the expenses of the State E?ito?nologist's 
office. 

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 ap- 
propriated to the State Laboratory of Natural History, at Normal: 
For the field work, office and incidental expenses of the laboratory, 
the sum of six hundred dollars per annum ; for the traveling, office 
and incidental expenses of the State Entomologist, the sum of five 
hundred dollars per annum ; for the improvement of the library, the 
sum of eight hundred dollars per annum ; for the pay of assistants, 
the sum of sixteen hundred dollars per annum ; for the publication 
of bulletins, the sum of three hundred dollars per annum ; for the 
expenses of preparing and publishing one volume of a report on the 
zoology and botany of the State, the sum of twelve hundred dollars 
per annum : Provided, that no part of the above appropriations 
shall be used in any way to increase the salary or emoluments of 
the director of the laboratory, or of the State Entomologist. 

§ 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 



52 APPKOPKIATIONS. 



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. 1883, until the expiration of the first fiscal quarter 
after the adjournment of the next General Assembly. 

Approved June 25, 1883. 



ROBERT WILSON. 

§ 1. Appropriates $2,545.19 for services and expenses in surveying damaged lands on 

Illinois river. 

An Act making an appropriation to pay the claim of Robert Wilson, 
for his services and expenses as surveyor, appointed by the Com- 
mission of Claims of the State of Illinois, allowed by said cam- 
mission. 

Whereas, the 'Commission of Claims, at its session in August, 
1882, did, in pursuance of act approved May 30, 1881, appoint 
Robert Wilson, of Ottawa, Illinois, as surveyor to go upon lands 
claimed to have been damaged by overflow of Illinois river, oc- 
casioned by the dam at Copperas Creek, and to report notes and 
profiles for the information of said commission ; and 

Whereas, said Robert Wilson did act under said appointment 
and furnish said commission with the desired notes and profiles ; 
and 

V/hereas, the sum of twenty-five hundred and forty-five dollars 
and nineteen cents ($2,545.19) has been awarded to said Robert 
Wilson, by the Commission of Claims, for services of self and as- 
sistants, and expenses incurred as such surveyor ; therefore, 

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 ap- 
propriated to the said Robert Wilson, the sum of twenty-five hun- 
dred and forty-five dollars and nineteen cents ($2,545.19), for ser- 
vices and expenses of self and assistants, as surveyor, appointed by 
the Commission of Claims ; said amount to be paid to said Robert 
Wilson, on warrant of the Auditor, out of any money in the Treas- 
ury not otherwise appropriated. Before the Auditor shall deliver to 
said Wilson his warrant for the moneys hereby appropriated, the 
said Wilson shall file with the Auditor an itemized statement of the 
amounts constituting said account, together with receipts from said 
Wilson's assistants. 

Approved June 25, 18S3. 



ASSIGNMENTS. 53 



ASSIGNMENTS. 



VOLUNTARY — PREFERRED CLAIMS. 

§ I. Amends Section 6 of the Act of 1877 by making the wages of laborers or servants 
preferred claims. 

An Act to amend section six (6) of an act entitled "An act concern- 
ing voluntary assignments, and conferring jurisdiction therein upon 
county courts," approved May 22, 1877, in force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That section six (6) of an act en- 
titled "An act concerning voluntary assignments, and conferring 
jurisdiction therein upon county courts," approved May 22, 1877, in 
force July 1, 1877, be, and the same is, hereby so amended as to 
read as follows : 

"Section 6. That at the first term of the said county court, after 
the expiration of the three months, as aforesaid, should no exception 
be made to the claim of any creditor, or, if exceptions have been 
made, and the same have been adjudicated and settled by the court, 
the said court shall order the assignee or assignees to make from 
time to time, fair and equal dividends (among the creditors), of the 
assets in his or their hands, in proportion to their claims, and as 
soon as may be, and within one year thereafter, to render a final 
account of said trust to said county court, and said court may allow 
such commissions and allowances to said assignee or assignees in 
the final settlement, as may be considered by the court to be just 
and right : Provided, however, that all claims for the wages of any 
laborer or servant, which have been earned within the term of three 
months next preceding the making of such assignment, and which 
have been filed within said term of three months after such assign- 
ment, and to which no exception has been made, or to which ex- 
ceptions have been made, and the same have been adjudicated and 
settled by the court, shall, after the payment of the costs, commis- 
sions and expenses of assignment, be preferred, and first paid to 
the exclusion of all other demands and claims : Provided, further, 
that such claims for wages of any laborer or servant, shall recite 
upon their face that they are for such wages, and when exceptions 
are taken to such claims, the said court, in adjudicating and set- 
tling the same, shall find that the claim so adjudicated and settled 
is for wages of such laborer or servant." 

Approved June 18, 1883. 



54 



BRIDGES — BUTTER AND CHEESE. 



BRIDGES. 



PIER BOOMS. 

§ 1. Bridges across the navigable portion of the Illinois river to be protected by pier 

booms. 

An Act to compel the construction of bridge pier booms on all bridges 
over the navigable portion of the Illinois river. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That [on] all bridges now constructed 
or hereafter to be constructed over the navigable portion of the 
Illinois river, there shall be built and kept in good repair bridge 
pier booms, by the company or corporation owning and managing 
the said bridges, and within a reasonable time after the passage of 
this act or the construction of any bridge over said river as afore- 
said; and said pier boom shall be constructed above the upper side 
of each pier contiguous to the channel of the river and shall com- 
mence at the point of said pier and be at least three hundred feet 
in length each ; the piling used for said work shall be sufficient in 
length to be at least, when used, three feet above high-water mark, 
and be set sufficiently close together so that the current of water 
cannot pass through, under or between them, and be made solid so 
that a steamboat or other water-craft cannot bear against them in 
passing through without moving the same ; and that said piling 
shall be weather-boarded with plank at least one and one-quarter 
inch in thickness, from the top to low-water mark, thus forming 
a solid wall. That the said work shall be constructed under the 
supervision of a competent engineer. 

Approved June 16, 1883. 



BUTTER AND CHEESE. 



CO-OPERATIVE FACTORIES. 



§ 1. Factories doing business on the co- 
operative or dividend plan shall 
give bond to make report of busi- 
ness. 

§ 2. Suits on bond for damages sustained. 



§ 3. Bond filed and recorded by the cir- 
cuit clerk. 
§ 4. Penalties for violation of this act. 



An Act to require operators of butter and cheese factories on the co-opera- 
tive plan to give bonds, and to prescribe penalties for the violation 
thereof. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That it shall be unlawful for any 
person or persons, company or corporation, within this State, to 



CEMETEEIES. 55 



operate, carry on, or conduct the business of manufacturing butter 
or cheese, on the co-operative or dividend plan, until such person 
or persons, company or corporation, shall have filed with the circuit 
clerk, or recorder of deeds of the county in which it is proposed to 
carry on such business, a good and sufficient bond, to be approved 
by such circuit clerk, or recorder of deeds, in the penal sum of six 
thousand dollars ($6,000), with one or more good sureties, condi- 
tioned that such person or persons, company or corporation, pro- 
posing to carry on such business, will, on or before the first day of 
each month, make, acknowledge, subscribe and swear to a report in 
writing, showing the amount of products manufactured, the amount 
sold, the prices received therefor, and the dividends earned and 
declared for the third month preceding the month in which such 
report is made ; and will file a copy of such report with the clerk 
of the town or precinct in which such factory is located ; and will 
also keep publicly posted in a conspicuous place in such factory a 
copy of such report for the inspection of the patrons thereof, and 
that such dividends shall be promptly paid to the persons entitled 
thereto. 

§ 2. Such bond shall run to the People of the State of Illinois, 
and shall be for the benefit and protection of all patrons of such 
factory; and suit may be had thereon by any person or persons 
injured by a breach of the conditions thereof, by an action of debt 
for the use of the person or persons interested, for all damages 
sustained by them. 

§ 3. Such bond shall be recorded by the circuit clerk, or recorder, 
with whom the same is filed; and all such reports so filed with any 
town or precinct clerk, shall be preserved by him and held subject 
to the inspection of any person or persons interested. 

§ 4. Any person who shall willfully violate any provisions of this 
act, shall be liable to a fine of not less than two hundred dollars 
($200), nor more than five hundred dollars ($500), or imprisonment 
in the county jail for not less than thirty days, nor more than six 
months, or both, in the discretion of the court. 

Appkoved June IS, 1883. 



CEMETERIES. 



CITIES AND VILLAGES MAY ESTABLISH JOINTLY. 

§ 1. Amends section 1, act 1877,by striking i § 2. Adds a new section authorizing cities, 
out the word '"purchase." villages and townships to establish 

jointly. 

An Act to amend an act entitled "An act to enable cities and villages 
to establish and regulate cemeteries," approved March 24, 1874, 
amended by an act approved May 25, 1877, in force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That an act entitled "An act to 



56 CITIES AND VILLAGES. 



enable cities and villages to establish and regulate cemeteries," ap- 
proved March 24, 1874, amended by an act approved May 25, 1877, 
be, and the same is so amended, as to read as follows : 

" Sec. 1. [Power of city or village to establish.] That any city, 
village or township in this State may establish and maintain cem- 
eteries, within and without its corporate limits, and acquire lands 
therefor, by condemnation or otherwise, and may lay out lots of 
convenient size for families ; and may sell lots for family burying 
ground, or to individuals for burial purposes. 

" Sec. 2. [Power of two or more cities or villages to establish 
jointly.] That any two or more cities, villages or townships in 
this State may jointly unite in establishing and maintaining ceme- 
teries within and without the corporate limits of either, and acquire 
lands therefor in common, by purchase, condemnation or otherwise, 
and may lay out lots of convenient size for families, and may sell 
lots for family burying ground or to individuals for burial pur- 
poses." 

[§ 2.] Sec. 3. [Emergency.] Whereas the legislative authorities 
of certain cities in this State are desirous of uniting together im- 
mediately in establishing burial grounds or cemeteries under the 
provisions of the second section of this act, whereby an emergency 
exists, that this act should take effect without delay, therefore this 
act shall take effect and be in force from and after its passage. 



Approved June 14, 1883. 



CITIES AND VILLAGES. 

MINORITY REPRESENTATION. 

§ 1. Amends sec. 6, art. 4, act 1872, by add- aldermen under the minority rep- 

ing the last proviso. resentation plan. 

§2. Amends sec. 7, art. 4. act 1872, by pre- §3. Emergency, 

viding for the manner of electing | 

An Act to amend sections six (6) and seven (7) of article four (4) of 
an act entitled "An act to provide for the incorporation of cities 
and villages,'" approved April 10, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That sections six (6) and seven 
(7) of article four (4) of an act entitled "An act to provide for the 
incorporation of cities and villages," approved April 10, 1872, be 
amended so as to read as follows : 

"Section 6. Whenever this act shall be submitted to the quali- 
fied electors of any city for adoption, there shall be submitted at 
the same time for adoption or rejection the question of minority 
representation in the city council or legislative authority of such 
city. At the said election the ballot shall be in the following form : 
'For minority representation in the city council,' or 'against minor- 
ity representation in the city council;' and at any subsequent time, 
on petition of the legal voters equal in number to one-eighth the 



CITIES AND VILLAGES. 



number of legal votes cast at the next preceding general city elec- 
tion, the city council shall cause the question of minority repre- 
sentation to be submitted to the legal voters of said city, and the bal- 
lots shall be in form as provided in this section : Provided, that no 
such question of representation shall be submitted more than once in 
every two years. The judges of such election shall make returns 
thereof to the city council, whose duty it shall be to canvass such 
returns, and to cause the result of such canvass to be entered on 
the records of such city. If a majority of the votes cast at such elec- 
tion shall be for equal representation in the city council, then the 
members of the city council, or legislative authority of such city, 
shall be thereafter elected in the following manner : The council, 
or legislative authority of such city, at least one month before the 
general election in the year in which this act shall take effect in 
such city, shall apportion such city by dividing the population 
thereof, as ascertained by the last federal census, by any number 
not less than two, nor more than six, and the quotient shall be the 
ratio of representation in the city council. Districts shall be formed 
of contiguous and compact territory, and contain as near as prac- 
ticable an equal number of inhabitants. And 'provided, further, that 
where said council or legislative authority of such city have not 
fixed a ratio of representation and formed the districts or wards, 
at the time above specified, the same may be done by any subse- 
quent board of aldermen; but all official acts heretofore done, and 
ordinances heretofore passed by any board of aldermen elected at 
Jarge by the legal electors of any such city on the minority repre- 
sentation plan, shall be held and taken by all courts in this State 
to be of as much validity and binding force as if they had been 
elected from wards or districts. 

"Section 7. Every such district shall be entitled to three alder- 
men, who shall hold their office for two years, and until their suc- 
cessors shall be elected and qualified. At the first general election 
for mayor, after the passage of this act, and every two years there- 
after, there shall be elected in each ward as many aldermen as such 
ward shall be entitled to : Provided, that aldermen elected under this 
act, in wards wherein aldermen were elected for two years at the last 
previous annual election, shall not take their seats as such until 
the terms of the aldermen last aforesaid shall expire. Vacan- 
cies shall be filled at an election to be held by the voters of the 
district in which such vacancies shall occur, at the time to be des- 
ignated by the city council. In all elections for aldermen aforesaid, 
each qualified voter may cast as many votes as there are aldermen 
to be elected in his district, or may distribute the same or equal 
parts thereof among the candidates, as he shall see fit, and the can- 
didate highest in votes shall be declared elected." 

§ 2. Whereas, the election for mayor, aldermen and other city 
officers, in cities organized under the general law, will take place 
before the first day of July ; therefore an emergency exists, which 
makes it necessary that this act shall take effect on or before the 
third Tuesday of April, A. D. 1883, therefore this act shall .take 
effect and be in force from and after its passage. 

Approved April 11, 1883. 



58 CITIES AND VILLAGES. 



CONSERVATOES OF THE PEACE. 

§ 1. Amends section 12. act of 1872, by conferring power upon policemen to serve warrants 
the same as constables, for violation of ordinances aud all criminal warrants. 

An Act to amend section 12 of article six (6) of an act entitled "An 
act 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 12 of article six 
(6) of an act entitled "An act to provide for the incorporation of 
cities and villages," approved April 10, 1872, be and is hereby 
amended so as to read as follows : 

"Section 12. The trustees in villages, the mayor, aldermen, and 
the marshal and his deputies, policemen and watchmen in cities, if 
any such be appointed, shall be conservators of the peace, and all 
officers created conservators of the peace by this act, or authorized 
by any ordinance, shall have power to arrest or cause to be arrested, 
with or without process, all persons who shall break the peace, or 
be found violating any ordinance of the city or village, or any 
criminal law of the State, commit for examination, and, if neces- 
sary, detain such persons in custody over night or Sunday in the 
watch house or any other safe place, or until they can be brought 
before the proper magistrate, and shall have and exercise such 
other powers as conservators of the peace as the city council or 
board of trustees may prescribe. All warrants for the violation of 
ordinances, and all criminal warrants to whomsoever directed, may 
be served and executed within the corporate limits of any such city 
or village by any policeman of such city or village ; such policemen 
being hereby clothed with all the common law and statutory power 
of constables for such purposes." 

Approved June 14, 1883. 



DELINQUENT SPECIAL ASSESSMENTS. 

§ 1. Amends section 40 of the act of 1872, by providing that application for judgment upon 
lands for unpaid special assessments shall be made at the time the annual applica- 
tion for judgment against lands for general taxes is made. Application for judg- 
ment shall be made only on lands returned delinquent April 1 in each year. 

An Act to amend section 40 of article 9 of an act entitled "An act to 
provide for the incorporation of cities and villages," 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 40, of article 9, of 
an act entitled "An act to provide for the incorporation of cities 
and villages," approved April 10, 18 T2, in force July 1, 1872, be 
and the same is hereby amended so as to read as follows : 

"Section 40. When said general officer shall receive the report 
provided for in the preceding section, he shall proceed to obtain 



CITIES AND TILLAGES. 59 



judgment against said lots, parcels of land, and property, for said 
special assessments remaining due and unpaid, at the same time 
and in the same manner as is or may be by law provided for ob- 
taining judgment against lands for taxes due and unpaid the county 
and State ; and shall in the same manner proceed to sell the same 
for the said special assessments remaining due and unpaid. In ob- 
taining said judgment and making said sale, the said officer shall 
be governed by the general revenue laws of this State, except when 
otherwise provided herein. No application for judgment against 
lands for unpaid special assessments shall be made at a time dif- 
ferent from the annual application for judgment against lands, upon 
which general taxes remain due and unpaid. The application for 
judgment upon delinquent special assessments in each year, shall 
include only such special assessments as shall have been returned 
as delinquent to the county collector, on or before the first day of 
April, in the year in which such application is made." 

Appkoved June 18, 1883. 



POLICE AND FIKEMEN S BELIEF FUNDS. 

§ 1. Amends section 1, act of 1877, by increasing the percentage of taxes to be paid in the 

fund. 

An Act to amend section one of an act entitled "An act for the relief 
of disabled members of the police and fire departments in cities and 
villages," approved May 21, 1877, in force July 1, 1877, as 
amended by act approved May 10, 1879, in force July 1, 1879. 

Section 1. Be it enacted by the People oj the State of Illinois, 
represented in the General Assembly: That section one of an act en- 
titled "An act for the relief of disabled members of the police and 
fire departments in cities and villages," approved May 21, 1«77, in 
force July 1, 1877, as amended by act approved May 10, 1879, in 
force July 1, 1879, be, and the same is hereby amended so as to 
read as follows : 

"Section 1. That one-half of all the rates, taxes and license fees 
which are or may be hereafter required by law to be paid by cor- 
porations, companies or associations not incorporated under the laws 
of this State, engaged in any village or city in this State effecting 
fire insurance, and one-fourth of all moneys collected as a tax on 
dogs, where such city or village contains a population of 10,000 or 
more, has a regularly organized fire department by such city or 
village, and all moneys received from fines inflicted upon members 
of the police and fire departments for a violation of the rules and 
regulations of the service, and all fines recovered for violation of the 
tire ordinances, and all moneys accruing from the sale of unclaimed 
stolen property, shall be set apart by the treasurer of the city or 
village to whom the same shall be paid, as a fund for the relief of 
disabled members of the police and fire departments of such city or 
village." 

Approved June 23, 1883. 



CO 



CITIES AND VILLAGES. 



PROTECTION AGAINST INUNDATION AND OVERFLOW — IMPROVEMENT DISTRICTS. 



§ 1. Authorizes the formation of im- 
provement districts, the estab- 
lishing of grades therein, and the 
levy of taxes for the improvement 
thereof. 

§ 2. Requires surveys and plats of con- 
templated improvements and esti- 
mates of cost and benefits arising 
therefrom against each lot or 
block. 

§ 3. Bonds may be issued in payment of 
improvements. 



§ 4. Assessments levied to create a fund 
for payment of principal and in- 
terest of bonds issued. 

§ 5. Railroad corporations shall be liable 
for improvements when tracks 
cross or occupy streets. 

§ 6. Property of minors and defective 
• persons. 

§ 7. Powers hereby conferred may be 
put in force by ordinance. 

§ 8. Bondholders' remedy upon in- 
dorsers. 

§ 9. Emergency. 



An Act to divide cities and villages subject to overflow and inundation 
into improvement districts, and to provide ways and means to raise 
the streets, lots and blocks above the line of overflow. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: Any city or village of this 
State incorporated under the general law for the incorporation of 
cities and villages, or under any special charter, the site of which 
is wholly or partially subject to overflow, and which site is or may 
be surrounded in whole or in part by levees, dykes or embankments 
to prevent overflow, may lay off such city or village, or any part 
thereof, into what shall be known or called improvement districts, 
and may fix the grade of the streets, avenues, alleys or public 
grounds within .such improvement district or districts, at a height 
above the natural surface of the earth to correspond with the height 
of the levees, dykes or embankments surrounding or partially sur- 
rounding such city or village, or above if deemed necessary, in such 
manner and to such height as will give a surface drainage from 
such improvement district to the river or rivers which cause such 
overflow, and may require low lots, blocks, or parts of blocks or 
lots, within such improvement district, to be filled in such manner, 
as to prevent water from standing thereon, and so as to prevent the 
same from becoming a nuisance or injurious to the public health, 
in the judgment of the corporate authorities of such city or village. 
The work hereby authorized shall be done by special assessment or 
special taxation, and all the power in relation to special assess- 
ments or special taxation heretofore granted to any city or village 
in this State, or to any drainage or improvement district in this 
State, is hereby granted to such cities and villages under this act. 

§ 2. When any such improvement district shall be created by 
ordinance under this act, it shall be the duty of the corporate 
authorities to cause an accurate survey of the work contemplated to 
be done or made, to be made by a competent civil engineer, and 
cause plats, profiles, and estimates of the work to be done, including 
the cost of all walls or other structures necessary to be built or 
constructed to hold the earth to its proper place, and the cost of 
the work opposite to, or adjacent to each lot in such district and 
the cost of the fill upon each and every lot within such district 
necessary to be filled to be used in estimating the benefits to be 
charged against the lot or block, or parts thereof, within such 



CITIES AND VILLAGES. 61 



improvement district ; and in estimating such benefits it shall be 
proper to take into consideration the benefit any such lot, block or 
parts thereof will receive by reason of being secured from overflow, 
or sipe water. 

§ 3. When any such improvement district or districts has or 
have been laid out and defined by any such city or village, and the 
cost of the improvement estimated and ascertained by a competent 
engineer, and the benefits to the lots, blocks or parts thereof have 
been assessed, then such city or village may cause a series of bonds 
to be issued, sufficient to pay the special assessments, or special 
tax, so ascertained for such district, and which bonds when so 
issued and endorsed as hereinafter provided for, shall be a lien 
upon the lots, blocks or parts thereof which shall be designated in 
such bond or bonds, such bond or bonds to bear interest at a rate 
not exceeding six per cent., and may run for any term not exceed- 
ing twenty years, the style of the bond to be fixed and designated 
by ordinance ; but before any bond shall issue, or be put in circula- 
tion, the owner or owners of any such lot or lots to be charged 
with such special assessment or assessments, or special tax, shall 
indorse upon the back of such bond or bonds his or her consent 
thereto, in words in substance as follows: 

"I hereby indorse the within bond, and consent that the lot or lots, or parts thereof 
therein designated, shall become liable for the interest and principal therein named, 
and the same shall be a lien upon said property from this date until paid off and 
discharged. 

This day of 188.. 

[SEAL.T 

Said bond, when prepared and executed by such city or village, 
and endorsed by the owner or owners of the property to be charged 
with the special assessment or special tax, shall be recorded in the 
recorder's office of the county in which such city or village is located, 
and when so recorded such record shall be notice of the lien thereby 
created, to the same extent that records of mortgages are notices of 
ihe mortgage lien, and shall have the same force and effect. No 
coupon need be recorded ; the face of the bond and indorsement 
shall be sufficient. 

§ 4. It shall be the duty of any city or village, issuing bonds 
under this act, to provide by ordinance for the collection of the 
interest and principal of such bonds from the property so charged 
with the special assessment or special tax, and shall be placed upon 
the tax books in the same manner that special assessments or special 
taxes now are, for collection, and shall be treated in the same man- 
ner, and have the same effect as special assessments or special tax 
now have under the statute, and such city or village shall not be 
liable for the interest or principal of any such bond or bonds, out 
of any fund except the special fund of the improvement district to 
which the bond or bonds apply, and for the faithful enforcement of 
the ordinances providing for the collection of the interest and princi- 
pal thereof. 

§ 5. If any steam or horse railroad shall be located upon or across 
any street in any such improvement district, then, in estimating the 
cost of the work, such railroad shall be charged with the fill upon 
such street or crossing in the proportion or amount that it would 



62 CITIES AND VILLAGES. 



require or cost such railroad to make an independent embankment 
of the same height to receive its track or tracks upon such street or 
crossing : Provided, that any such railroad shall have the same 
right to build its embankment, or make its proportion of the improve- 
ment, as is allowed to individuals. If any such steam or horse 
railroad shall fail or refuse to comply with the ordinances of any 
such city or village, in this regard, the track or tracks of any such 
delinquent railroad shall be taken and deemed to be a nuisance, and 
all rights of any such railroad upon any such street or crossing 
shall be forfeited, and the rails and ties removed as the work 
progresses. 

§ 6. If any property within any improvement district created 
under this act, shall belong to minor heirs, idiots, lunatics, or any 
person otherwise incapacitated to contract, the guardian, conserva- 
tor, or other person in charge of any such estate, may apply to the 
circuit court of the county in which such city or village is located, 
by petition, for leave to indorse such bond or bonds, and when 
indorsed by order of the court, such indorsement shall have full force 
and effect in law. 

§ 7. All the powers hereby granted to the corporate authorities 
of such cities and villages, may be put into full force and effect by 
proper ordinances, and the powers hereby granted shall be liberally 
construed by all courts in this State, in order that full force and 
effect shall be given to this act. 

§ 8. The owner or holder of any such bond may, in addition to 
the powers hereby given to the cities or villages, under this act, to 
collect the interest and principal, have his or her personal remedy 
in any court upon the indorser upon his indorsement, for failure to 
pay interest or principal, and in case of two successive failures by 
any person liable to pay the interest on any such bond, such bond 
shall be held to be due, and the holder may enforce his lien for 
interest and principal by foreclosure in any court of this State of 
competent jurisdiction. 

§ 9. Whereas there are cities and villages in this State that are 
subject to overflow, and have suffered severely by the recent floods 
and inundations, and the best time for successful work in filling is 
in the spring months, therefore an emergency exists, and this act 
shall take effect and be in force, from and after its passage. 

Approved May 29, 1883. 



CITIES AND VILLAGES. 



68 



PROTECTION OF SITES AGAINST INUNDATION AND OVERFLOW AND TO CONTROL 

PRIVATE LEVEES. 



§ 1. Authorize the construction of levees, 
dykes and embankments. 

§ 2. May enter upon and take possession 
of lands by condemnation. 

§ 3. Authorities may order private levees 
to be repaired or improved. 

§ 4. In case owners neglent or refuse to 
repair private levees, may be im- 
proved by municipal authorities. 

§ 5. Materials for improvement may be 
taken from adjacent lands. 

§ 6. Cost of repairs and improvements 
may be charged to owners and be- 
come a lien. 

§ 7. How lien may be enforced by sale of 
levee. 

§ 8. Municipal authorities may purchase 
at sale. 



§ 9. Expenses by municipal authorities 
heretofore incurred— how recov- 
ered. 

§ 10. Wharfage charges by owners of pri- 
vate levees on navigable streams. 

§ 11. Filling in the low places and stag- 
nant pools. 

§ 12. Owners or their assigns, of levees, 
liable for damages arising from 
neglect to keep in repair such 
levees. 

§ 13. The grade of all lots and blocks 
liable to overflow may be estab- 
lished by municipal authorities, 
and such lots and blocks must be 
filled up to grade. 

§ 14. Emergency. 



An Act to authorize cities, towns and villages to protect the site thereof 
from overflow and inundation, and to regulate and control private 
levees, private ivharves and landing places, or embankments, and to 
compel the repairs and improvement of such levees or embankments, 
and to cause low lots, blocks or parcels of land within the corpor- 
ate limits to be filled so as to prevent standing water thereon, and 
to authorize cities, towns and villages to purchase or condemn lands, 
sand banks, gravel pits, and rock quarries, for any of the purposes 
above named. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That all cities, towns and villages 
in this State, whether incorporated under the general incorporation 
act for cities, towns and villages, or under any special charter, that 
are subject to overflow or inundation, shall have power to protect 
the site of such city, town or village from overflow or inundation by 
levees, dykes, or embankments of such heighth and dimensions as 
the corporate authorities of such city, town or village may deem 
proper. 

§ 2. Such city, town or village may purchase or enter upon and 
condemn lands for the location and construction of any such levee, 
or for the repairs of any levee, or dyke now built, or surrounding 
any such city, town or village, in the same manner that lands and 
right of way is now condemned for railroad purposes. 

§ 3. In all instances where any city, town or village in this 
State is now, or shall hereafter be surrounded in whole or in part 
by any levee, dyke, embankment or other structure, which is used 
or permitted to be used as a protection to any such city, town or 
village from overflow and inundation, and which is owned or 
claimed, in whole or in part, by any individual, private corporation 
or trust company, and whose duty it is in law or equity to keep up 
and maintain such levee, dyke, embankment or other structure, and 
the same shall be found to be insufficient in width or heighth, or 
too steep of grade, or which shall become impaired by wash or 
abrasion of the rivers, by caving banks, by impairment of the base 
or surface of the slope, or any other injury that may happen to 
any such levee, dyke, embankment or other structure, that, in the 



64 CITIES AND VILLAGES. 



judgment of the city council, or board of trustees, or other munici- 
pal authorities of any such city, town or village, shall become unsafe 
or insecure for the purpose for which it was erected or used, and 
the party whose duty it is in law or equity to protect, maintain, 
and keep in repair such levees, embankments or dykes, shall not 
repair, enlarge, or heighten the same, as the case shall demand, it 
shall be the duty of the city council, or board of trustees of any 
such city, town or village, to cause notice to be served upon the 
owner or person in charge of any such levee, dyke, embankment or 
structure, or any agent of any such owner or person in charge 
thereof, of the condition, impairment or insufficiency of any such 
levee, dyke, embankment or other structure, and that the same 
must be repaired or improved as directed in said notice. 

§ 4. If the owner, or agent or person in possession of any levee, 
dyke, embankment or other structure, shall not, within ten days 
from the date of service of any such notice, in good faith commence 
the work so to be done, and continue the same with all reasonable 
diligence until it is completed, any such city, town or village may 
declare such levee a nuisance, and proceed to repair or improve the 
same so as to make such levee, dyke or embankment secure and 
sufficient for the purposes for which it was intended or used. 

§ 5. For the purpose of making any such repairs or improve- 
ment, any such city, town or village may enter upon any of the 
adjacent lands of the owner of any such levee, dyke or embank- 
ment and take therefrom any earth, sand, stone or other material 
for the purpose of making such improvement or repairs, without 
being liable for trespass or the value thereof. 

§ 6. All such work done upon any such levee, dyke or embank- 
ment, by any city, town or village, shall be charged up to the party 
liable therefor, and shall be a lien upon any such levee, dyke or 
embankment, and any connecting levee, dyke or embankment which 
forms a part of the system of levee protection intended for such 
city, town or village, belonging to the party so liable, notwithstand- 
ing the lines of levees may be disconnected by intervening owner- 
ships. 

§ 7. If the expense incurred by any such city, town or village is 
not paid by such owner or person liable, within twenty days of the 
presentation of the bill therefor by the city, town or village clerk, 
when directed by the city council or board of trustees, then such 
city, town or village may enforce the lien hereby created in any 
court of competent jurisdiction, in the same manner as mechanics' 
liens are now enforced under the statute of this State, provided the 
sales under the decree for sale of any such levee, dyke or embank- 
ment shall be absolute and without redemption. 

§ 8. Any such city, town or village may become purchaser at 
any such sale, and when so purchased, the city, town or village 
may take immediate possession thereof, and use, own and contract 
as to the same in the same manner as if it had been originally 
built by the city, but if purchased by any other person or corpora- 
tion, then such levee or embankment shall be subject to this statute 
in the same manner as it was in the hands of the original owner. 



CITIES AND VILLAGES. 65 



§ 9. Where any city, town or village has heretofore built or re- 
paired any part of any levee, dyke or embankment, when the 
original levee or embankment had been destroyed, . or become 
insecure by the wash or abrasion of the rivers or the caving 
in of the banks, and the part so built or repaired formed a part of 
a system of levees surrounding any such city, town or village for 
ihe purposes mentioned in this act, and the same is, or was, owned 
and controlled by any person, or corporation or trustee, and such 
system of levees, dykes or embankments w r as originally intended by 
the builder or builders, and was necessary, as a protection to the 
site of any such city, town or village, and it was, at the time of 
the making of the improvements mentioned in this section, the duty 
of any such owner, either in law or equity, to maintain and keep in 
repair such system of levees or embankments, and that at the time 
of making such improvement or repairs there appeared to be an 
emergency for the performance of such work, then any such city, 
town or village may have its action to recover back what it has ex- 
pended in that regard, and may file its bill or petition as in case 
of mechanics' lien, and the amount so expended shall be a lien 
upon the whole of such levee system belonging to the party so de- 
faulting at the time of the filing of such bill, from the date of the 
filing of any such bill or petition, and it shall be no answer or de- 
fense that any such city, town or village made such expenditure, or 
did such work as was done, without authority of law, or the owners 
of the original levee. 

§ 10. Whenever the site of any city, town or village in this State 
is or has been located upon any of the navigable waters of this 
State or any of the navigable waters bordering this State, and the 
site thereof has been surrounded by levees or embankments to pre- 
vent overflow or inundation, and such levees are owned or controlled 
b>y private persons, corporations or trustees, and any part of such 
levee or embankment lias been by the owner or owners thereof set 
apart for a landing place for vessels and water craft, and the place 
so set apart for a landing place has been used by the public free 
•of charge, by footmen, or for wagons, drays and other vehicles con- 
veying persons or property to and from said landing for a term of 
twenty years or more, and the owner thereof claims the right to 
collect wharfage, tolls or a reasonable compensation for the landing 
of steamboats or other water craft at any such landing place, then 
any such city, town or village may, by ordinance, determine the 
slope or grade of any such levee so used for public landing pur- 
poses, and the pavement thereof, and the rate of toll or compensa- 
tion to be charged at such landing. It shall be the duty of the 
owner thereof to grade, pave and keep such slope in repair as di- 
rected by ordinance, and may enforce the same by proper penalties, 
or forfeitures of any right to collect wharfage at any such landing 
until the ordinances in that regard have been complied with, and 
may enforce the powers herein granted, by proper ordinances. 

§ 11. Any city, town or village in this State wherein there are 
lots, blocks, or places wherein stagnant water is liable to stand, 
from surface water, or sipe water, or overflow, so that the same 
—5 



66 CITIES AND VILLAGES. 



becomes a nuisance, or is dangerous to the public health of any 
such city, town or village, the corporate authorities thereof may de- 
clare such lots, blocks or places of land to be nuisances, and order 
the same filled to grade, or to such height as will prevent such 
standing water ; and for the purpose of filling any such lots, blocks 
or places, such city, town or village may purchase or condemn 
lands, sand banks, or gravel, in the same manner as in other cases 
under this act. 

§ 12. In all cases where any person or persons, trustees, company 
or corporation, has heretofore, or shall hereafter lay out any city, 
town or village within this State, the site whereof is liable to over- 
flow, and is surrounded in whole, or in part, by a levee or embank- 
ment, and the owner or proprietors of the site of such city, town or 
village shall, or shall have, in laying out and platting the same, 
reserve or reserved, retain or retained, as private property, a strip 
or strips of land surrounding the site thereof, for the purpose of 
building such levees or embankments thereon, and shall actually 
build such levees or embankments ; and such persons or owners so 
laying out such city, town or village as aforesaid, shall, after the 
building of such levees or embankments to protect the site of any 
such city, tow r n or village from overflow, sell, lease or convey by quit 
claim or deed in fee, or otherwise, any lots, blocks or lands within 
the district or territory surrounded by such levees or embankments, 
it shall, from thenceforward, become the duty of any such owner or 
person and their agents, representatives or assigns, to keep and 
maintain in good repair such levees and embankments, and upon 
their failure so to do such persons, owners or assigns shall be liable 
to the owner or owners of any lots, blocks or lands lying within 
such levees, whether held by the original purchaser or his assigns, 
and such persons or owners of such levees or embankments shall be 
liable in damages to the owners of any personal property that may 
be injured by the giving away or insufficiency of any such levees or 
embankments, and may have their action on the case for any damage 
they may suffer by reason of the insufficiency, impairment or giving 
away of any such levees or embankment ; or any number of such 
owners of lots, blocks or land, and owners of personal property 
damaged as aforesaid, may join in a petition to any court of record 
of competent jurisdiction in this State for redress of grievances under 
this section, setting forth the claims of each, and the aggregate of 
such claims ; and such claims shall be a lien upon such levees or 
embankments, and all the unsold lands or lots of the proprietors of 
such city, town or village within such levee inclosure, from the date 
of the filing of such petition ; and the proceeding shall be the same 
as in mechanics' lien. 

§ 13. In any city, village or town in this State wherein there 
are lots, blocks or parcels of land within the district or districts 
where the grade shall have been established and fixed as provided 
for in section 11, below such grade whereon water is liable to drain 
or accumulate from such drainage, or from rains or sipe water, and 
stand thereon, thereby endangering the public health, it shall be 
lawful for the city council in cities, and the board of trustees in 
towns and villages, by ordinance, to declare all such lots, blocks or 



CITIES AND VILLAGES. 67 



parcels of land, a public nuisance, and order notice to be served on 
the owner or owners of such lots, blocks or parcels of land so de- 
clared to be a public nuisance, to fill the same to the grade estab- 
lished for such streets under the provisions of section 11, within 
ten days. In case the owner or owners reside without this State, 
such notice may be served on their agent or agents, if such reside 
in this State, and if neither the agent nor owner resides in this 
State, then such notice may be given by publication for twenty 
days in a newspaper published in the city, town or village ; and 
the specified time for the performance of such work shall begin to 
run from the date of the last publication. In case the owner or 
owners of any such lot, block or parcel of land shall fail to comply 
with the said order, and fill the same within the time allowed for the 
doing thereof, it shall be lawful for the city, town or village to do 
said filling at the least possible cost, and the expense thereof shall 
be a first lien in favor of such city, town or village upon the entire 
interest of the owner or owners in said lot, block or parcel of land ; 
and for the purpose of enforcing said lien, any city, town or village 
may file its petition in the circuit court of the county where such 
city, town or village is situated, which court is hereby given ex- 
clusive jurisdiction thereof, stating the passage of the ordinance de- 
claring such lot a nuisance, the giving of the notice aforesaid, the 
failure of the owner or owners to comply therewith, the expense in- 
curred by the city, town or village in filling the same, and on proof 
thereof, and that the owner has been notified of the pendency of 
the proceedings, in the same manner as now provided by law for 
notifying defendants of the pendency of chancery causes, the court 
shall decree the payment of such sum with interest and costs within 
twenty days, and that such city, town or village have a lien on the 
lot, etc., therefor, and also that said lot, etc., be sold in the man- 
ner and by the officer designated by the court, on failure to pay 
said sum found due with interest and costs, without redemption, 
and the court shall direct a deed to be made to the purchaser by 
the officer so making the sale, which shall vest in the purchaser all 
the right, title and interest of the owner or owners of any such lot, 
block or parcel of land. Any mortgagee of any such lot, block or 
parcel of land shall be taken and considered an owner thereof within 
the meaning of this act. 

§ 14. Whereas, the unprecedented high waters of the Ohio river 
and its tributaries has occasioned great injury to many levees and 
embankments, and the work of repairs and improvements should 
commence as soon as the high water recedes : therefore, an emer- 
gency exists, and this act shall take effect, and be in force, from 
and after its passage. 

Appeoved May 19, 1883. 



63 



CITIES AND VILLAGES. 



SEWEEAGE AND WATER TAXES. 



Authorizes a "Sewerage tax fund"— 
rate of tax. 

Authorizes a ''Water tax fund"— rate 
of tax. Authorizes taxes to be 
levied for lighting cities; taxes in 
the aggregate not to be increased. 



§ 3. Repeals act 1871 in relation to levy of 
taxes for sewerage and water pur- 
poses. 



An Act in relation to the levy and collection of taxes for sewerage and 
ivater- works in cities of this State, that may have established a 
system of sewerage and water-ivorks for such city, and to repeal an 
act therein named, and to authorize the cities, villages and incor- 
porated towns of this State to levy and collect taxes to pay for 
ivater and light. 

Section 1. Be it enacted 'by the People of the State of Illinois, 
represented in the General Assembly: That the legislative authority 
of any city which now has, or may hereafter have established a 
system of sewerage for such city, shall have power, annually, to 
levy and collect a tax upon the taxable real and personal estate of 
such city, not to exceed one mill on a dollar, for the extension and 
laying of sewers therein, and the maintenance of such sewers, which 
tax shall be known as "The Sewerage Fund Tax," and shall be 
levied and collected in the same manner that other general taxes of 
any such city are levied and collected : Provided, however, that the 
board of public works of such city, if any, or the head of the sewer 
department of such city, shall first certify to such legislative 
authority the amount that will be necessary for such purpose : 
Provided, further, that a two- thirds majority of all the members 
elect of the legislative authority of such city may levy a tax for such 
purposes, not to exceed three mills on each dollar of the taxable 
property of such city. 

§ 2. The legislative authority of any city which now has, or which 
may hereafter have, established or hired water-works for the supply 
of water to the inhabitants thereof, shall have power to annually 
levy and collect a tax upon the taxable real and personal estate of 
any such city, whether organized under a special charter or the 
general law T , not to exceed one mill on the dollar, for the extension 
of water mains or pipes therein, and the maintenance of such water- 
works, or to the creation of a sinking fund to be applied to the 
establishment of water-works, which tax shall be known as the 
"Water Fund Tax," and shall be levied and collected in the same 
manner that other general taxes of any such city are levied and 
collected : Provided, that the board of public works of such city, if 
any, or the head of the water department of such city, shall first 
certify to such legislative authority the amount that will be neces- 
sary for such purposes, and shall further certify that the revenue or 
income from such water-works will be insufficient therefor : Provided, 
further, that two-thirds majority of all the members elect of the 
legislative authority of such city may levy a tax for such purposes, 
not to exceed three mills on each dollar of the taxable property of 
such city : And, provided, further, that the legislative authority of 
each of the cities, villages and incorporated towns in this State, with 



CLERKS OF COURTS. 69 



the concurrence of two-thirds- of the members thereof, shall be 
authorized to levy and collect, annually, upon the taxable property 
within its limits, in addition to all other taxes now authorized by 
law, a tax of not exceeding three mills on the dollar of such taxable 
property, to be used exclusively for the purpose of lighting streets, 
and .a further tax of not exceeding two mills on the dollar of such 
taxable property, to be used exclusively for the purpose of supplying 
water to such city, village or incorporated town : Provided, also, 
that nothing in this act shall be so construed as to increase the 
amount of aggregate taxes that may be levied in any one year by 
any city or village as provided in section one (1) of article VIII of 
an act entitled "An act to provide for the incorporation of cities and 
villages," approved April 10, 1872. 

§ 3. An act entitled "An act in relation to the levy and collection 
of taxes for sewerage and water-works in the cities of this State, that 
may have established a system of sewerage and water-works for such 
city," approved and in force April 22, 1871, is hereby repealed. 

Approved June 21, 18S3. 



CLEEKS OF COURTS. 



APPELLATE AND SUPREME. 

§ 1. Clerks of Supreme and Appellate Courts authorized to enter motions at request of 

attorneys. 

An Act to authorize the clerks of the Supreme and Appellate Courts to 
enter motions in said courts in behalf of attorneys. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That the clerks of the Supreme 
and Appellate Courts are hereby authorized to enter in any cause 
pending in either of said courts, any motion that either or any at- 
torney of record in such cause is authorized by law to enter in the 
absence of any such attorney, when requested to do so by said at- 
torney, or for the admission of any attorney to practice in either of 
said courts : Provided, said clerks shall receive no fee for making 
said motions. 

Approved June 18, 1883. 



70 CONVEYANCES — COUNTY TREASURER. 



CONVEYANCES. 



PROOF OP DEEDS AND OTHER INSTRUMENTS IN WRITING. 

§ 1. Provides for proving deeds and other instruments in writing attested by subscrib- 
ing witnesses, by secondary evidence, in the absence of such subscribing wit- 
nesses. 

An Act in regard to proof of deeds and other instruments in writing 
tvhen attested, by subscribing witnesses. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That whenever any deed, mortgage) 
conveyance, release, power of attorney, or other writing of, or relat- 
ing to the sale, conveyance or other disposition of real estate, or 
any interest therein, or any other instrument in writing not required 
by law to be attested by a subscribing witness, may be offered in 
evidence in any civil cause pending in any court of law or equity 
in this State, and the same shall appear to have been so attested, 
and it shall become necessary to prove the execution of any such 
deed or other writing otherwise than as now provided by law, it 
shall not be necessary to prove the execution of the same by a sub- 
scribing witness to the exclusion of other evidence, but the execu- 
tion of such instrument may be proved by secondary evidence 
without producing or accounting for the absence of the subscribing 
witness or witnesses. 

Approved June 18, 1883. 



COUNTY TEEASUREE. 

VACANCIES, HOW FILLED. 

§ l. Amends section 15 of an act in rela- § 2. Emergency, 

tion to county treasurers,— filling 
vacancies caused by death or re- 
signation. 

An Act to amend section fifteen (15) of an act entitled "An act to revise 
the law in relation to county treasurer," approved February 25, 1874, 
in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That section fifteen (15) of an act 
entitled "An act to revise the law in relation to county treasurer," 
approved February 25, 1874, in force July 1, 1874, be and the same 
is hereby amended so as to read as follows : 

"Sec. 15. If any county treasurer shall neglect or refuse to ren- 
der an account, or make settlement at any time when required by 
law, or by the county board, or refuse to answer any question pro- 
pounded to him by the county board, or is a defaulter, and in 
arrears with the county, or is guilty of any other misconduct in his 



COURTS. 71 



office, the county board may remove him from office, and may ap- 
point some suitable person to perform the duties of treasurer until 
his successor is elected, or appointed and qualified ; or if, by reason 
of the death or resignation of the county treasurer, or other cause, 
the said office shall become vacant, then the county hjjarcl may ap- 
point some suitable person to perform the duties of treasurer, until 
a county treasurer is elected, or appointed and qualified. The per- 
son so appointed shall give bond and security, as required by law of 
the county treasurer." 

§ 2. Whereas, there is no provision in the law concerning the 
office of county treasurer, authorizing the filling of a vacancy in said 
office on the death or resignation of said officer, until the election 
or qualification of his successor, therefore an emergency exists, and 
this act shall take effect and be in force from and after its pas- 
sage. 

Approved March 9, 1883. 



COUETS. 



COUNTY. 



§ 1. Amends section 109^6 by permitting adjournment of regular terms when the business 
of the term has been disposed of, until the first day of the next probate term. 

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

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That section one hundred and nine 
and a half (1094) of an act entitled "An act to extend the juris- 
diction 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 and is 
hereby amended to read as follows : 

"Section 109^. The court shall continue open from day to day 
until all the business before it is disposed of ; but whenever the dis- 
position of business before it requires its adjournment for a longer 
period than one day at a time, it may adjourn its regular term to 
any day not beyond the first day of the next probate term of said 
court." 

Approved June 18, 1883. 



72 COUNTY COURTS. 



§ 1. Amends certain sections of the act of 1874, changing the terms in certain counties. 

An Act to amend sections twenty, twenty-six, forty-four, forty-seven, 
fifty-eight, sixty-seven, seventy and eighty -seven, of an act entitled 
" An act to extend the jurisdiction of county courts and to regulate 
the "practice thereof, to fix the time for holding the same, and to repeal 
an act therein named," approved March%6, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That sections twenty, twenty-six, 
forty-seven, fifty-eight, sixty-seven, seventy and eighty-seven, of an 
act entitled "An act to extend the jurisdiction of county courts 
and to regulate 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, 1S74, be, and the same is hereby amended so 
as to read as follows : 

"Sec. 20. Clark, in January, June and October. 

"Sec. 26. Cumberland, in November and May. 

"Sec. 44. Henderson, in February and October. 

"Sec. 47. Jackson, in February, May and November. 

"Sec. 58. LaSalle on the first Monday of January, first Monday 
of March, second Monday of May, first Monday of September and 
first Monday of November. 

"Sec. 67. Macoupin, in April and December. 

"Sec. 70. Marshall, on the third Mondays in April, August and 
November. 

"Sec. 87. Randolph, in May and December." 

Approved June 23, 1883. 



§ 1. Amends act 1874 changing terms in Fulton, Mercer and Warren counties. 

An Act to amend sections thirty-seven, seventy-four and one hundred and 
one of an act entitled "An act to extend the jurisdiction of county 
courts, and to provide for the practice thereof, to fix the time for hold- 
ing the same, and to repeal an act therein named," approved March 
2:, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That' sections thirty-seven (37), 
seventy-four (74) and one hundred and one (101) 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 to read as follows : 

"Sec. 37. Fulton, second Mondays in May and October. 

"Sec. 74. Mercer, in January, May and October. 

"Sec. 101. Warren, in February and October." 

Approved May 23, 1883. 



COURTS. 73 



§ 1. Amends the act of 1874, changing terms in Hancock county. 

An Act to amend section forty-two (42) of "An act to extend the juris- 
diction of county courts, and to provide for the practice thereof, to 
fix the time for holding the same, and to repeal an act therein 
named," approved March 26, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section forty-two (42) of 
"An act to extend the jurisdiction of county courts, and to provide 
for the practice thereof, to fix the time for holding the same, and 
to repeal an act therein named," approved March 26, 1874, m force 
July 1, 1874, be amended so as to read as follows : 

"Section 42. Hancock in April, August, and December." 

Approved May 23, 1883. 



§ 1. Amends section 50, act 1874— Terms in I § 2. Emergency. 
Jersey county. 

An Act to amend section fifty (50) of an act entitled "An act to extend 
the jurisdiction of county courts, and to provide for the practice 
thereof, to fix the time for holding the same, and to repeal an act 
therein named," approved March 26, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly ; That section fifty (50) 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, 
1S74, be amended so as to read as follows : 

"Section 50. Jersey, in May and December." 

§ 2. All summonses, subpoenas, writs, bonds, recognizances, ve- 
nires, 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 said 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 Jersey, a term of said county court is required 
in the month of May, A. D. 1883, and an emergency exists, there- 
fore this act shall take effect and be in force from and after its 
passage. 

Approved March 30, 1883. 



74 CORPORATIONS. 



PROBATE. 

§ 1. Authorizes county judges, in the absence, vacancy or disability of probate judges, to 

hold probate court. 

An Act to authorize county judges to perform the duties of judges of 
probate courts in certain cases. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in case of the absence, 
death, resignation, or inability to act, of the judge of the probate 
court of any county, any county judge may hold such probate court, 
and perform all the duties of the judge thereof, until the return of 
such judge, the appointment or election of his successor, or until 
the disability to act ceases. 

Approved May 23, 1883. 



CORPOKATIONS. 



NOT FOR PECUNIARY PROFIT. 

§ 1. Amends section 31 by permitting co-operative Benevolent Insurance Associations 
to pay benefits for permanent disability of members. 

An Act to amend section thirty-one (31) of an act entitled "An act con- 
cerning corporations," approved April 18, 1872, in force July 1, 
1872," as amended by act approved and in force March 28, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section thirty-one (31) of 
an act entitled "An act concerning corporations," approved April 
18, 1872, in force July 1, 1872, as amended by act approved and in 
force March 28, 1874, be amended so as to read as follows, to-wit : 

"Sec. 31. Corporations, associations and societies not for pecu- 
niary profit, formed under this act, shall be bodies corporate and 
politic, by the name stated in such certificate ; and by that name 
they and their successors shall and may have succession, and shall 
be persons in law capable of suing and being sued ; may have power 
to make and enforce contracts in relation to the legitimate business 
of their corporation, society or association ; may have and use a 
common seal, and may change or alter the same at pleasure, and 
they and their successors, by their corporate name, shall, in law, 
be capable of taking, purchasing, holding and disposing of real and 
personal estate for purposes of their organization ; may make by- 
laws not inconsistent with the constitution and laws of this State, 
or of the United States, in which by-laws shall be described the 
duties of all officers of the corporation, society or association, and 
the qualification of members thereof. Associations and societies 



CRIMINAL CODE. 75 



which are intended to benefit, the widows, orphans, heirs and de- 
visees of deceased members thereof, and members who have re- 
ceived a permanent disability, and where no annual dues or prem- 
iums are required, and where the members shall receive no money 
as profit or otherwise, except for permanent disability, shall not be 
deemed insurance companies." 

Approved May 22, 1883. 



CRIMINAL CODE. 



MALICIOUS MISCHIEF. 



§ L Amends Sec. 197 of the criminal code by increasing the penalty under this section 
from $300 to $500, and make it the same offense to "incite" the drawing off of the 
water in any canal, pond or reservoir as the act itself. 

An Act to amend section 197 of an act entitled "An act to revise the 
law in relation to criminal jurisprudence," approved March 27, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section one hundred and 
ninety-seven (§ 197) of Division I of an act entitled "An act to revise 
the law in relation to criminal jurisprudence," approved March 27, 
lb74, be so amended as to read as follows : 

"§ 197. Whoever willfully and maliciously injures, removes or 
destroys any canal, levee, dam, reservoir, trench or their appurte- 
nances, or the gear or machinery of any manufactory or mill ; draws 
off, or incites or procures to be drawn off the water from any mill 
pond, reservoir, canal or trench, whereby any water power is in- 
jured or the use thereof is restricted or impaired, or so as to injure, 
damage or destroy any ice upon any waters in this State, or dimin- 
ish the value or prevent or hinder the taking and removal thereof 
as an article of merchandise ; destroys or injures any engine or its 
apparatus for the extinguishment of fires, or any posts, glass caps, 
wires or other materials used in the construction or operation of 
any telegraph; removes, injures or destroys any public or toll bridge, 
or places any obstruction on such bridge or on any public road, 
with intent to injure any persons or property passing thereon, shall 
be fined not exceeding five hundred dollars, or confined in the county 
jail not exceeding one year, or both." 

Approved June 23, 1883. 



76 



CRIMINAL, CODE. 



§ 1. Amends the act of 1874, by adding another section providing penalties for damaging 
or destroying ice forming or formed, rendering unfit for merchandise. 

An Act to amend an act entitled "An act to revise the law in relation 
to criminal jurisprudence,''' approved March 27, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That an act entitled "An act to 
revise the law in relation to criminal jurisprudence," approved 
March 27, 1874, be, and the same is hereby amended by adding 
the following section : 

"§ 273. Whoever willfully and maliciously injures, mars, 
floods or otherwise damages or destroys any ice forming, formed or 
being upon any waters within this State from which ice is or may be 
taken as an article of merchandise, whereby the taking thereof is 
hindered or the value thereof diminished for that purpose, or who- 
ever willfully and maliciously incites or procures another so to do, 
shall be fined not exceeding $500, or confined in the county jail not 
exceeding one year, or both, according to the nature and aggrava- 
tion of the offense." 

Approved June 18, 1883. 



CONVICTION UPON SECOND AND THIRD OFFENSES. 



§ 1. Penalties for conviction of crime 
upon the second and third of- 
fenses, for the same offense. 



§ 2. 



Copy of record of former convic- 
tion evidence in such trials. 



An Act in relation to the punishment of criminals. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That whenever any person having 
been convicted of either of the crimes of burglary, grand larceny, 
horse-stealing, robbery, forgery, or counterfeiting, shall thereafter be 
convicted of any one of such crimes, committed after such first con- 
viction, the punishment shall be imprisonment in the penitentiary 
for the full term provided by law for such crime at the time of such 
last conviction therefor ; and whenever any such person, having 
been so convicted the second time as above provided, shall be again 
convicted of any of said crimes, committed after said second con- 
viction, the punishment shall be imprisonment in the penitentiary 
for a period not less than fifteen years : Provided, that such former 
conviction or convictions, and judgment or judgments, shall be set 
forth in apt words in the indictment. 

§ 2. On any trial for any of said offenses, a duly authenticated 
copy of the record of a former conviction and judgment of any 
court of record, for either of said crimes against the party indicted, 
shall be prima facie evidence of such former conviction, and may be 
used in evidence against such party. 

Approved June 23, 1883. 



DRAINAGE. 



77 



DRAINAGE. 



DISTRICTS- LEGALIZED. 



§ 1. Legalizes drainage districts organ- 
ized under the act of 1879. 

§ 2. Legalizes assessments in said dis- 
tricts. 



§ 4. 



Provides for sale of delinquent 
lands and authorizes districts to 
become purchasers of lands at 
such sales. 

Emergency. 



An Act to legalize drainage districts, organized in pursuance of the act 
hereinafter mentioned, and to legalize the assessments of benefits in 
such districts and certain sales made in pursuance thereof, and to au- 
thorize drainage districts to purchase lands at certain sales for delin- 
quent special assessments. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That all drainage districts organ- 
ized under the provisions of an act of the General Assembly, 
entitled "An act to provide for the construction, reparation and pro- 
tection 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, for the repair and maintenance of any levee or levees con- 
structed under any law of the State of Illinois, passed prior to the 
first day of January, 1879, be and the same are hereby legalized, 
and all such districts shall be held to have been and to be legally 
organized under the laws of the State. 

§ 2. That all special assessments made in any drainage district 
organized as aforesaid, and under the act of the General Assembly 
aforesaid, for the repair and maintenance of any levee or levees 
constructed as aforesaid, be and the same are hereby in all things 
legalized ; and all such assessments, whether made to repair any 
such levee or levees, or to keep the same in repair and meet the 
annual expenses of keeping said levee or levees in repair, shall be 
held and construed to have been legally and regularly made and 
assessed. 

§ 3. When a return to the county collector has been made, or 
shall hereafter be made, of any real estate located in any drainage 
district established under the act of the General Assembly named in 
the first section of this act, delinquent for any special assessment or 
annual installment thereof, or any annual assessment levied by any 
drainage district pursuant to law, which assessment or installment 
thereof or annual assessment is required by law to be included in 
the advertisement and notice of application for judgment for State 
and county taxes, and when any such return, advertisement and 
notice shall be followed by a sale of such delinquent real estate for 
the collection in whole or in part of any such assessment, install- 
ment thereof or annual assessment returned as aforesaid, the drain- 
age district in which such real estate is situate may become the 
purchaser at such sale, and may designate and appoint some officer 
or person to attend and bid at such sale in its behalf: Provided, 
the county collector shall not be required to make demand for the 



78 



DRAINAGE. 



payment of any such special assessment, installment thereof or an- 
nual assessment after the same has been returned to him : And, pro- 
vided, also, it shall not be necessary for any drainage district which 
has become the purchaser at any such sale to protect the same 
from subsequent forfeiture and sale as required of purchasers in 
section 211 of the revenue laws of the State ; and all such sales of 
delinquent lands heretofore made under the act aforesaid, where any 
drainage district has become the purchaser, are hereby legalized and 
declared valid sales. 

§ 4. Whereas, some question exists as to the regularity and legal- 
ity of the organization of certain drainage districts, and certain 
assessments made under the act of the General Assembly aforesaid, 
therefore an emergency exists, and this act shall be in force from 
and after its passage. 

Approved May 29, 1883. 



DRAINS BY LAND OWNERS. 



§ 1. Land owners may construct drains 
for agricultural purposes. 

§ 2. Open or covered drain. 

§ 3. Agreement of owners as to con- 
struction, repair and vacation. 

§ 4. Tile drains upon lands of others. 

§ 5. Proceedings when land owners will 
not give consent. 

§ 6. Damages allowed— judgment— costs. 



§ 11. 



Construction or abandonment of 
drain after judgment. 

Bond for costs. 

Plat of land filed before commenc- 
ing suit. 

Obstructing or injuring ditch or 
drain. 

This act shall not operate to repeal 
any law. 



An Act to permit owners of land to construct drains for agricultural 

purposes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the owner or owners of 
land in this State shall be permitted to construct drains for agri- 
cultural purposes, only, into any natural water-course, or any 
natural depression whereby the water will be carried into any 
natural water-course, or any drain on a public highway, if the road 
commissioners consent thereto, for the purpose of securing proper 
drainage to such land, without being liable in damages therefor to 
any other person or persons or corporation. 

§ 2. If the drain constructed is wholly upon the land owned by 
the person or persons constructing the same, it may be either an 
open or covered drain, as they desire. 

§ 3. If the drain to be constructed shall lead across, or upon, 
the land of any other person or persons, and the owners of all the 
land upon which it is to be constructed can agree, it may be con- 
structed in - such manner as they may decide; when constructed, 
such drain shall forever thereafter be kept open and in proper 
repair, by the owner or owners of the land upon which the same, 
or any part thereof, is located, unless the owners of all the land 
upon which the drain is located shall agree to vacate or close the 
same. 



DRAINAGE. 79 



§ 4. If the drain shall be constructed on, or over the land of 
any other person or persons, without the consent of the owner or 
owners thereof, it shall consist of tile, or some other material 
equally as good, and placed at a sufficient depth to secure from the 
action of frost thereon, and the surface of the land left, as near as 
possible, in the same condition as before the entry thereon to con- 
struct such drain. 

§ 5. If the owner or owners of land, over which any other per- 
son or persons desire to drain, shall not consent thereto, the person 
or persons desiring to drain may cause a summons to issue from 
any justice of the peace in the county, in the same form, and 
returnable in the same manner, as other summons in civil suits, 
and proceedings shall be had thereon as in other civil causes before 
justices of the peace : Provided, if the owner or owners of such 
land do not reside in said county, or cannot be found therein, 
summons may be served by leaving a copy with the person or per- 
sons in possession or control of such premises. 

§ 6. The justice, or jury if a jury is impanneled, shall hear the 
evidence, and if they find such drain, if constructed in the manner 
proposed, would not empty into a natural water-course or natural 
depression, whereby the water would be carried into any natural 
water-course or any drain on a public highway, by consent of the 
road commissioners, they shall find for the defendant ; if they find 
such drain, if constructed, would empty into a natural water-course 
or natural depression, whereby the water would be carried into any 
natural water-course or any drain on a public highway, by consent 
of the road commissioners, they shall find for the plaintiff or plain- 
tiffs, and shall allow the defendant or defendants such actual 
damages, only, as will be sustained by entering upon the land and 
constructing such drain. The judgment shall be final and conclusive 
between the parties. 

§ 7. If, after judgment, the plaintiff or plaintiffs in such suit 
shall deem it best not to construct such drain, they may so state 
upon the docket of the justice, at the foot of such judgment, and 
pay all costs of such trial ; but shall not again be permitted to 
commence a suit for the same purpose. If they desire to construct 
such drain, they shall first pay to the justice the judgment and 
costs taxed against them, and may thereupon enter upon such 
premises and construct such drain, and may thereafter, at all 
times, in proper season, enter upon said land for the purpose of 
repairing such drain ; this right shall pass to the heirs or assigns 
of such land : Provided, that if the person or persons constructing 
such drain, or repairing the same, shall unnecessarily cause any 
damage to the owner or owners of such land, they shall forfeit and 
pay to such owner or owners three times the amount of such 
damage, to be recovered in any form of action. 

§ 8. Before any person or persons shall be permitted to com- 
mence an action as provided for herein, they shall file a bond in a 
sum not less than fifty dollars, with security to be approved by the 
justice, conditioned that they will pay all costs legally accruing in 
said cause, and all damages, if damages are awarded therein, with- 



80 



DRAINAGE. 



in sixty days after the rendition of judgment, or pay all costs and 
abandon the construction of such drain in the manner provided by 
this act, within the same time. If the defendant or defendants 
procure the attendance of any witnesses not necessary to a proper 
defense, all the costs of such witnesses and of subpoenaing the same 
shall be taxed to the defendant or defendants. 

§ 9. Prior to issuing the summons in commencing any suit un- 
der this act, the plaintiff or plaintiffs shall file with the justice a 
rough sketch, or plat, of the land to be drained, and that of all 
other persons across, or upon which such drain is to be construct- 
ed, showing the starting point of such drain and its proposed 
course across, or upon, the land of others, and the point of its dis- 
charge ; and such plat shall be kept by the justice with the other 
papers in said cause. A failure to comply with the provisions of 
this section shall be sufficient cause for the dismissal of the suit 
at any time before the trial is entered upon. 

§ 10, If any person or persons shall willfully fill up, injure or 
destroy any drain constructed as herein required, or willfully pre- 
vent or delay the construction of any drain in the manner provided 
by this act, or shall neglect or refuse to keep the same open, as 
required by this act, such person or persons shall be deemed guilty 
of a misdemeanor, and, upon conviction thereof, for the first of- 
fense shall be fined in the sum of not less than twenty-five dollars 
nor more than one hundred dollars ; and for the second offense shall 
be fined in a sum of not less than fifty dollars nor more than two 
hundred dollars ; and for each subsequent offense shall be confined 
in the county jail for not less than thirty days nor more than one 
year. 

§ 11. Nothing herein contained shall be construed to repeal any 
act or part of an act now in force in this State, upon the subject 
of drainage or levying. 

Approved June 23, 1883. 



COUNTY DITCHES. 



§ 1. Drains or ditches heretofore con- 
structed declared public. 

§ 2. County board may designate ditches 
to be improved or repaired— ap- 
pointment of district commis- 
sioners. 

§ 3. Commissioners shall form districts. 

§ 4. Districts shall be designated by 
name and classified. 

§ 5. Districts with classification shall be 
published— meetings of commis- 
sioners to review districts. 

§ 6. Objections to districts |may be filed 
at such meetings. 

s 7. If objections are sustained district 
shall be annulled— other com- 
missioners may be appointed- 
decision filed with clerk. 

§ 8. Appeal from decision of commis- 
sioners—bond for costs. 



§ 9. Appeal addressed to county clerk, 
who shall summon three super- 
visors to hear the appeal— coun- 
ties not under tp. org.— judge, 
assessor and clerk shall hear— 
notice. 

§ 10. Powers of appeal board— decision 
filed with county clerk. 

§ 11. When district is fully established 
map shall be made— copies of 
map filed — record of district 
made in recorder's office— report 
of commissioners to Co. board. 

§ 12. Drainage commissioners appointed 
to supervise districts. 

§ 13. County board may levy special 
taxes for benefit of districts. 

§14. Extension of taxes. 

§ 15. Contracts for connecting ditches 
with other districts. 

§ 16. Objects of this act— use of public 
ditches. 



DRAINAGE. 81 



An Act to maintain and improve county ditches heretofore constructed 
to drain certain swamp and overflowed lands. 

Section 1. Be it enacted by the People of the State oj Illinois, 
represented in the General Assembly. That the ditches or drains 
heretofore made by any county, or by any county contracting with 
an incorporated company, to drain the swamp and overflowed lands 
donated to such county by the State, are hereby declared public 
ditches or drains, and may be preserved and improved by the several 
county boards in the counties where these ditches lie, in the manner 
as provided in this act. 

§ 2. The county board may designate what ditch or ditches shall 
be repaired or improved to secure the purposes for which it was 
•constructed ; and when any one or more has been so designated, the 
board shall appoint three suitable persons to be styled district com- 
missioners, neither of whom shall have any personal interest in the 
prop >st d work, and within ten days after being notified of their 
app (inttnenr, they shall meet at the office of the county clerk, file 
their acceptance and take the oath required of officers by the con- 
stimtion. 

§ 3. They shall proceed, soon as practicable, to form drainage 
districts, to include in each, all such tracts, divisions and subdivi- 
sions of land, being near or more remote from the line of the drain, 
but which, for a thorough system of drainage, will be benefited in 
the way of securing! an outlet by the preservation and improvement 
of the di;ch or ditches which drain its surplus waters. Separate 
districts shall be formed where the ditches discharge independently ; 
also on branches of the same water system, where the maintenance 
and improvement of its ditches are clearly independent of others ; 
and separate districts may be formed on the upper level of a water 
system where its outlet will secure drainage independent of the 
ditches on the lower level. 

§ 4. When the commissioners have laid out a district, they shall 
give it a name, subject to alteration by the county board, and pro- 
ceed to classify the lands within the district on a graduated scale 
according to the supposed benefits it will receive. The tracts ad- 
judged to receive most and about equal benefits, shall each be- 
marked one hundred (100) on the scale of benefits ; and such as 
will be less benefited, shall be marked some number less than one 
hundred, denoting its per cent, of benefits. This classification, when 
made and established, shall remain as a basis for taxation, so that 
-each tract shall bear its just burdens in raising funds for main- 
taining and improving the ditches within such district. 

§ 5. When this classification is completed, they shall publish for 
three weeks in some one or more newspapers in their county, a 
notice showing what tracts of land are included- in the district, how 
classified on the scale of benefits, with owner's name if known ; and 
they shall also post up at least ten notices containing the same 
items, in or contiguous to the district, and these publications and 
notices shall state when and where the commissioners will meet to 
review their doings, and hear such objections as may be made by 
any aggrieved party. 
—6 



DRAINAGE . 



§ 6. At this meeting, which may be adjourned if necessary, any 
person, his agent or attorney, owning lands within the district, may 
object and show cause: 

1. That the district should not be formed on the ground of im- 
practicability of drainage, or that the cost will be greater than the 
benefits. 

2. To the boundaries of the district as including or excluding 
certain tracts of land improperly. 

3. To the classification of lands on the scale of benefits, specify- 
ing such as are too high or too low. 

§ 7. If the commissioners find either count in the first paragraph 
established, they shall annul the district and so report to the county 
board, and all further proceedings shall end : Provided, the county 
board may, in their discretion, appoint other commissioners at some 
subsequent time. But if they find for the district, they shall con- 
sider the objections under the other heads of boundaries and classi- 
fications of lands ; and they shall make such changes as shall seem 
to them just. They shall publicly announce their decision, and file 
their statement of the same within three days, with the county 
clerk. 

§ 8. Any one person or persons .owning lands within the district, 
as established, may, within five days after the commissioners have 
reported to the county clerk, appeal from the decision of the com- 
missioners, on any point objected to at the time of review, by giving 
a bond, with security, to be approved by the county clerk, con- 
ditioned to pay all costs of the proceedings under the appeal, if the 
decision of the commissioners be in all things sustained. If more 
than one person appeals, they shall all join in the same appeal, 
though their objections may be on different matters. 

§ 9. The appeal shall be addressed to the county clerk, stating 
the cause of the appeal. In counties under the township organiza- 
tion, the county clerk shall summon three supervisors, who shall 
not be owners of land in the proposed district, nor otherwise inter- 
ested, to try the appeal. In counties not under township organiza- 
tion, the appeal board shall consist of the county judge, assessor 
and county clerk, who shall be duly notified by the county clerk ; 
and he shall give at least three dayV notice to one or more of the 
appellants when and where the appeal will be heard. If any of the 
last named board are excluded by reason of interest, it shall pass 
successively to the sheriff and coroner. 

§ 10. The board of appeal shall have the same power and juris- 
diction as the commissioners on the questions involved in the appeal. 
They may annul the district, change the boundaries, or alter the 
numbers placed on the scale of benefits, if these or any of them 
were the subjects named in the appeal. They shall hear proofs and 
allegations, may themselves go upon the ground and investigate, and 
when they shall have concluded, they shall file their decision with 
the clerk of the county. If it be to annul the district, no further pro- 
ceedings shall be had, except it shall be again instituted by the county 
board. If the district be not annulled, and the proceedings of the 



DRAINAGE. £3 



commissioners be reversed or approved, wholly or in part, they shall 
so report to the county clerk, and their decision on the matters sub- 
mitted shall be final and conclusive. 

§ 11. After the district shall have been fully established, by 
reason of no appeal from the decision of the commissioners, or by 
the action of the board of appeal, the commissioner shall cause to 
be made a map of the district, showing each tract of land included, 
with the figures showing the classification on the scale of benefits, 
and the owner's name, if known, marked on each tract. A copy of 
this map shall be filed in the office of the county clerk, and in the 
office of each town clerk, whose town is wholly or in part included 
in the drainage district. They shall also cause to be recorded in 
the recorder's office an instrument of writing, setting forth all the 
material facts of the case, including a description of the tracts of 
land composing the district, the number on the scale of benefits, 
and the owners' names so far as known, belonging to each tract. 
The commissioners shall also make a full and detailed report of the 
case to the county board, who shall spread the same upon their 
records. 

§ "2. Whenever one or more drainage districts have been estab- 
lished, as herein provided, the county board shall appoint some 
suitable person drainage commissioner, who shall have such charge, 
perform such duties and execute such lawful orders, as the board 
may from time to time devolve upon him; and he shall hold his 
office two years, unless sooner removed by the board, in which case 
the board shall appoint his successor. 

§ 13. The county board shall be the corporate authority of the 
several drainage districts of their respective counties organized 
under this act, and may, in its discretion, levy special assessments 
to procure funds for the use of such districts, but no levy for any 
one year shall exceed a sum which will produce a tax of more than 
one dollar on each acre of the several tracts marked one hundred 
on the scale of benefits, and such other proportional amount less 
than one dollar an acre on the several tracts as graduated on that 
scale. 

§ 14. The tax shall be computed for each tract according to its 
acreage and .classification on the scale of benefits, and the tax shall 
be set down in a separate column on the tax books against each 
tract composing a part of the district to be taxed, and the money 
shall be collected by the collector of taxes in like manner of other 
taxes, and, if not paid, it shall be treated as other delinquent taxes, 
and remain a lien upon the land until paid. The money, when 
collected, shall be paid into the county treasury and kept as a 
separate fund for the use of its proper district, to be drawn upon 
by order of the county board. 

§ 15. The county board, by itself or through such agencies as it 
may institute, may contract with other counties, or with the cor- 
porate authorities of other drainage districts, organized under this 
act, or under other laws of this State, to connect ditches, or act 
otherwise, in concert or jointly, where a combined system of drain- 
age shall be found to be necessary or expedient. 



84 DRAINAGE. 



§ 16. The purpose of this act is to secure ample and permanent 
main channels of drainage for their respective districts, so that all 
owners of land within the district shall have the facilities of thorough 
drainage of their lands, and therefore each shall have free connec- 
tion with the public ditches for that purpose, and, by consent of 
parties, drain over the land of others to reach the outlet ; and where 
more perfect drainage is desired than is provided for by this act, 
owners of land in any part of a district may organize under other 
drainage laws as freely and completely as though not included in a 
county district, and such district or sub-district shall have free use 
of the public or county ditches for outlets to their drains. 

Approved June 23, 1833. 



LEVEES. 



ASSESSMENT NOTICES. 

§ 1. Amends see. 33, act 1879, as amended § 2. Amends sec. 31, act 1879, as amended 

1881, by requiring notices for as- 1881, by providing for the collection 

sessments and "annual amount of of delinquent "annual amount of 

benefits" to be served separately. I benefits." 

An Act to amend sections thirty-three (33) aud thirty-four (34) 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, as amended by an act entitled "An act to amend sec- 
tions three (I), five (5), twelve (12), thirty-three (33), thirty-four 
(34), thirty-seven (37) and thirty-eight (38) 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 agricidtu- 
ral, sanitary and mining p>wp oses > cm< ^ t° provide for the organi- 
zation of drainage districts, ' apj^oved and in force May 29, 1879, 
and to add to said act an additional section, to be known as sec- 
tion forty-three and one-half (43^)," approved and in force May 
19, 1881. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly .• That section thirty-three (33) of 
an act entitled "An act to provide for the construction, reparation 
and protection of drains, ditches and le\ees across the lands of 
others, for agricultural, sanitary and mining purposes, and to pro- 
vide for the organization of drainage districts," approved and in 
force May 29, 1879, as amended by an act entitled "An act to 
amend sections three (3), five (5). twelve ( 2), thirty-three (3c), 
thirty-four (34), thirty-seven (37) and thirty-eight (38) of an act en- 
titled 'An act to provide for the construction, reparation and pro- 
tection 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, and to add to said act an additional section, to be known as 



DRAINAGE. S5 



section forty-three and one-half (43^)," approved and in force May 
19, 1881, be, and the same is hereby so amended, as to read as fol- 
lows : 

"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 this act, in substance as follows : 

Notice of Drainage and Levee Assessment.— Notice is hereby given to all persons 

interested, that an assessment (or installment of per cent, of tne assessment, as the 

case may be.) is now due for drainage and levee purposes, for the year A. U. 18.., upon lands 

lying within the ... drainage and levee district, in the couuty of and State 

of Illinois, and that the same must be paid to the undersigned, commissioners of said 

drainage and levee district (or to ., collectorof said district, as the case may be,) 

on or before the day of 18 ...; and in default of such payment, the sev- 
eral tracts of land upon which said assessment (or installment, as the case may be,) re- 
mains 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 or justice of the peace to be paid in installments, said com- 
missioners shall give a like notice, as near as may be, of any in- 
stallment or installments, immediately after such installment or 
installments become due and payable. And in .case of "annual 
amount of benefits," the- commissioners shall give notice in a sim- 
ilar manner immediately after the first day of September of each 
year, stating what part of the "annual amount of benefits" will be 
collected for that year, which n,otice may be in substance as follows : 

Nottce of Annual Drainage Assessment.— Notice is hereby given to all perse ns in- 
terested, that the "aunual amou.t < f benefits." (or per cent, of the "annual amount of 

benefits," as the case may be,) is now due for drainage and levee purposes for the year 

A. D. 18 upon land lying within the drainage and levee district, in the county 

of , and State of Illinois, and that the same must be paid to the undersigned, 

commissioners of said, district, (or to collector of said district, as the case may 

be,) on or before the day of ,18 ; and in default of such payment, the sev- 
eral tracts of land iron which said "annual amount of benefits" (or per c^nt. of the 

"annual amount of benefits," as the case may be,) remains unpaid, will be sold according 
to law, to pay the amount of the same and costs. 

Dated this day of 18 Commissioners." 

§ 2. 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 installments 
thereof, or annual amount of benefits, due upon said lands, shall 
not be paid on or before the day named in the notice given as in 
section thirty-three (38) of this act, it shall be the duty of said com- 
missioners, if they have not appointed a collector as aforesaid, and 
if so, then of said collector, to make out a certified list of such 
delinquent lands upon which the assessment, or any installment or 
annual amount of benefits 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 del.nquent lands therein; and it shall be the 
duty of the collector to whom any such returns have been made, to 



86 



DRAINAGE. 



transfer such returns to the tax books in his hands, setting down 
therein in proper order the several tracts of the real estate, town lots 
and blocks so returned, and setting opposite to the respective tracts of 
real estate, lots and blocks, in proper columns prepared for that pur- 
pose, the amount of assessment, installment or installments or annual 
amount of benefits against each tract of real estate, lots and blocks, 
and the like proceedings shall, be had, and with the like force and 
effect in the collection of such delinquent assessment or assess- 
ments, or installment or annual amount of benefits unpaid, with 
interest, and the sale of said real estate, lots, blocks and lands for 
non-payment thereof, as in ordinary collections of State and county 
taxes by county collectors, and of sale 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 assess- 
ment or return of lands delinquent for assessment heretofore made 
under any law of this State." 

Approved June 23, 1883. 



LEVEES. 



§ 1. Amends sec. 17 by adding the provi- 
so, allowing ''annual amount of 
benefits" assessed tor repairs to be 
applied to the completion of a 
drain or ditch. 

§ 2. Amends section 26 by providing that 
the "annual amount of benefits" 
shall be due instead of assess- 
ments— Providing for amount nec- 
essary to improve or construct 
new ditches, to prevent overflow. 

§ 3. Amends sec. 42, act of 1879, by allow- 
ing the commissioners traveling 
expenses —Reports of Commis- 
sioners. 

§ 4. Amends sec. 43, concerning errone- 
ous assessments. 



§ 5. Petitions may be filed before justice 
of the peace, who shall have the 
same jurisdiction as the county 
court. 

§ 6. Amends sec. 49, that in cases of dis- 
agreement between the corporate 
authorities of the county, state, or 
free turnpike roads, or railroads, 
as to the amount to be contributed 
towards the construction or re- 
pair, the matter shall be referred 
to a jury to assess the damages. 

§ 7. Amends said act of 1879 by adding 
sections 17% and 44%. Sec. 17)4 
provides for compensation of ju- 
rors. Sec. 44% provides for con- 
structing additional drains in 
drainage districts, and for enlarg- 
ing, strengthening or extending 
those already constructed. 



An Act to amend sections seventeen (17), twenty-six (26), forty-two (-12), 
forty -three (13), forty -six (16), and, forty -nine (49), of an act en- 
titled "An act to provide for the construction, reparation and pro- 
tection of drains, ditches and levees across the lands of others, for 
agricultural, sanitary and mineral purposes, and to provide for the 
organization of drainage districts,'' approved and in force May 29, 
1879, and to add to said act two additional sections, known as sec- 
tions seventeen and one-half {11 \) and forty -four and one-half (44^). 



Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Asseiuhly : That section seventeen (17), of an 



DRAINAGE. 87 



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 amended, so as to read as 
follows : 

"Section 17. The jurors, empanneled as aforesaid, shall elect one 
-of their number foreman when the proceeding is for the construc- 
tion of ditches, drains or levees, and shall proceed to examine the 
lands to be affected by the proposed work, and ascertain, to the 
hest of their ability and judgment, the damages and benefits which 
will be sustained by, or will accrue to the lands to be affected by 
said proposed work, and shall make out an assessment roll, in which 
shall be set down, in proper columns, the names of owners, when 
known, a description of the premises affected, in the words or fig- 
ures, or both, as shall be most convenient, the number of acres in 
each tract, and if damages are allowed, the amount of the same; 
and if benefits are assessed, the amount of the same ; and in case 
damages are allowed to, and benefits assessed against the same 
tract of land, the balance, if any, shall be carried forward to a 
separate column for damages or benefits, as the case may be. But 
the amount assessed for keeping said levee or ditch in repair, shall 
not in the aggregate amount to a sum, in any one year, greater 
than would be produced by thirty cents per acre on all the lands 
within said district. In case the petition shall set out that a levee 
or ditch has been made under any law of this State and prays for 
an assessment to repair and keep in repair said levee or ditch, the 
jury shall assess the benefits which said lands will sustain by repair- 
ing said levee or ditches, and also the annual amoiiDt of benefits 
"which said lands will sustain by keeping said levee or ditch in re- 
pair thereafter; and in such case no other or different assessment 
shall be made by the jury, but in all other respects the jury shall 
comply with the provisions of this act, so far as the same may be 
applicable thereto : Provided, that in all cases where the amount 
of benefits assessed, and the assessment of benefits to repair said 
levees or ditches heretofore constructed under any law of this State, 
are insufficient to complete the ditches, drains or levees, embraced 
in the proceedings, the "annual amount of benefits" assessed by 
the jury to keep said levee or ditch in repair after making all neces- 
sary repairs for any year, may be applied to complete the ditches, 
drains or levees, embraced in the proceedings, and to raising, 
strengthening and protecting said ditches, drains or levees when 
•completed, and in constructing additional ditches, drains or levees, 
when required to protect the lands embraced in the drainage and 
levee districts organized under this act from inundation and over- 
flow, and in paying interest on any notes or bonds issued under 
this act." 

§ 2. That section 26, 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 26. At the time of confirming such assessment it shall 
ibe competent for the court to order the assessment of benefits to be 



88 DRAINAGE. 



paid in installments of such amounts, and at such times, as will 
be convenient for the accomplishment of the proposed work ; other- 
wise the whole amount of such assessment shall be payable imme- 
diately upon such confirmation, and shall be a lien upon the lands 
assessed until paid. Bat in case where a levee or ditch has been 
heretofore built under any law of this State, or may hereafter be 
built under the provisions of this act, the annual amount of bene- 
fits for keeping the same in repair shall be due and payable on the 
1st day of September annually, and shall be a lien on the lands 
upon which said assessments are made from and after the con- 
firmation of the report. The court in which such proceedings are 
had shall require from said commissioners a report of the condi- 
tion of the levee or ditch, at its July term of each year, together 
with their estimate of the amount necessary to keep the levee or 
ditch in repair, pay all incidental and necessary expenses for the- 
ensuing year, and the amount necessary to complete the ditches, 
drains or levees embraced in the proceedings, and to raise, 
strengthen or protect said ditches, drains or levees when completed, 
and in constructing additional ditches, drains or levees when re- 
quired to protect the lands embraced in the drainage and levee dis- 
tricts organized under this act, from inundation and overflow ; and 
if the court shall find that a less amount will be required for such 
ensuing year than the whole amount of the assessment for that 
year, then the court shall by an order fix the amount to be paid 
for such year, and only that amount shall be collected, and the ex- 
cess of such assessment over and above the amount so fixed by said 
order for said year shall be remitted by law, and shall not there- 
after be collected : Provided, that the amount to be collected under 
the order of said court shall not, in the aggregate, amount in any 
one year to a sum greater than would be produced by a levy of 
thirty cents per acre on all the lands within said district : Pro- 
vided, further, that in all cases where the ditches, drains or levees 
constructed or repaired under this act are in danger of being im- 
paired, injured, broken or destroved by overflow or otherwise, and a 
part of the annual amount of benefits for protection and keeping 
the same in repair for the year in which said ditches, drains or 
levees are so threatened has been remitted by order of court as 
herein provided, or when the annual amount of benefits for pro- 
tecting and keeping the same in repair for any year is insufficient, 
the commissioners of drainage and levee districts, organized under 
this act, may borrow money on the annual amount of benefits be- 
coming due the 1st day of September, following the time when said 
ditches, drains or levees are so threatened, to the extent of two- 
thirds of said annual amount of benefits, and may secure the same 
by notes or bonds of the drainage and levee districts, bearing in- 
terest at the rate of six per cent, per annum, and not running be- 
yond one year from the date of issue, which notes or bonds shall 
not be held to make the commissioners personally liable for the 
money borrowed, but shall constitute a lien upon the annual amount 
of benefits falling due thereafter for the repayment of the principal 
and interest thereof: Provided, that the report of the commission- 
ers as to the condition of the levee or ditch, and their estimate of 
the amount necessary to keep the levee or ditch in repair, pay all 



DRAINAGE. 89 



incidental and necessary expenses for the ensuing year, and the 
amount necessary to complete the ditches, drains or levees em- 
braced in the proceedings, and to raise, strengthen or protect said 
ditches, drains or levees when completed, and in constructing ad- 
ditional ditches, drains or levees when required to protect the lands 
embraced in the drainage districts, when. the proceeding is before a 
justice of the peace, shall be made on the first Monday in July, in 
each year." 

§ 3. That section forty-two (42), 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 42. The commissioners shall receive for their services 
the sum of two dollars per day and their necessary traveling ex- 
penses, for each day they shall be actually engaged in the bu&iness 
of their appointment. The commissioners shall present an itemized 
account, under oath, to the county court or justice of the peace 
when the proceeding is before a justice of the peace, of the 
amounts due them respectively, which amounts shall be audited 
at least once a year by said county court or justice of the 
peace, and certified to by said court or justice of the peace to 
their treasurer, to be paid by him on said certificate. The com- 
missioners shall fix the compensation of said treasurer, collector, 
and all other servants and agents, and the clerk of the county court 
and justice of the peace shall receive for their services, hereunder, 
such fees as are by law allowed for similar services in said county 
court and before justices of the peace: Provided, tbat when the pro- 
ceedings are before the justice of the peace, the commissioners shall 
make all reports required of them by law to the justice of the peace 
before whom the drainage and levee district was organized, or his- 
successor in office, when not otherwise specifically provided for." 

§ 4. That section forty-three (4i), 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 43. Whenever a petition shall be presented to said court 
by the owner of any tract of land within said district, setting forth 
that the same, or any part thereof, has been erroneously assessed 
for benefits, for the reason that the same is not subject to over- 
flow, or has never been overflowed by the highest waters known, 
and praying that the said lands, in whole or in part, may be re- 
leased from the assessment made or to be made in future, the court 
may, after ten days' notice of the filing of such petition being given 
to the commissioners, at any term of said court, proceed to hear 
said application, granting such continuances as may be right and 
proper; and if the court shall find, upon issue joined, that any part 
of the land named in said petition has never been overflowed by 
the highest water known from the stream against which the levee 
in question has been constructed, may, by order, to be entered of 
record, unless it appears to the court that the assessment on the 
whole tract is no more than the proportion that the land subject to 
overflow in said tract is benefited, and should pay toward constructing 
and maintaining the levee, or that the assessment on the tract is no 
more than the proportion of sanitary benefits received by the whole 



90 DRAINAGE. 



tract, and no more than the whole tract should pay for sanitary 
benefits toward constructing and maintaining the levee, amend the 
assessment roll returned by the jury in conformity to the facts 
found, and such part shall thereafter be discharged from all other 
assessments, and the clerk shall immediately cause a copy of such 
order to be delivered to the commissioners that the copy of the 
assessment roll in their hands may be made to conform to such 
order : Provided, that said petition shall be filed within one year 
after the confirmation ot the assessment, and not thereafter." 

§ 5. That section forty-six (43), of the act aforesaid, to which this 
act is an amendment, be, and the same is hereby so amended as 
to read as follows : r 

"Section 46. When the cost of any proposed drain, ditch, levee 
or other work authorized by this act to be done, will not exceed the 
sum of six thousand dollars, the petition may, if the petitioners shall 
so elect, be filed with a justice of the peace in the county where the 
land to be affected, or the major part thereof, is situated; and all 
the proceedings authorized by this act to be had in the county court, 
in cases where the petition is filed in such court, may be had be- 
fore such justice of the peace, the justice of the peace performing all 
the services and duties required of the clerk of the county court by this act 
in proceedings commenced in that court ; and the assessment of dama- 
ges and benefits shall be conducted before such justice in the same man- 
ner, as near as may be, as cases commenced by petition before such 
county court. In proceedings before a justice of the peace under this 
act, the petition, report of commissioner or commissioners, assessment 
roll and all other papers may be filed and a hearing had thereon 
at any time, notice having first been given for the length of time 
and in the manner required by this act ; and appeals may be taken 
from the final judgment of the justice of the peace to the county 
court within the same time and in the same manner as appeals 
may be taken from the findings of the jury in cases commenced in 
the county court, and the assessment of benefits may be collected 
and enforced as in such cases before the county court." 

§ 6. That section!forty-nine (49), of the act aforesaid, to which 
this act is an amendment, be and the same is hereby amended so 
as to read as follows : 

"Section 49. When a ditch or drain has been located under the 
provisions of this act, of sufficient capacity to carry off the water 
that flows to it, and also to properly drain the land taxed for the 
construction of the same, such lands shall not be again taxed or 
assessed for the benefit of improving any lands lying above the 
lands taxed for the construction thereof ; and in all cases where 
any such ditch empties into any lower ditch above described, for 
the benefit of lands lying above the lower ditch, the commissioners, 
under the direction of the court, shall levy a sufficient tax on such 
land benefited by the new ditch to enlarge such lower ditch, so as 
to confine the water to the same level that it originally had before 
an additional amount of water emptied into such lower ditch, for 
the benefit of lands lying above the lower ditch. Whenever it shall 
appear to the jury that a drain, ditch, levee or other work has been 
in whole or in part constructed by voluntary effort of the owners 



DRAINAGE. 91 



thereof, for the purpose of draining or protecting any land to be 
affected by the work proposed under this act, and said work shall 
be found to be a benefit to such lands, and that any of the lands 
to be benefited by the said work have borne any part of the expense 
of such work so voluntarily done, the jury may allow the owners of 
such land, and deduct from the assessment which they may make 
against the same, the amount of the expenses of such work so borne 
by such lands, or such part thereof, as will make an equality of 
burdens and benefits as between the several owners of lands bene- 
fited. When a ditch, drain or levee established or repaired under 
this act, drains or levees, either in whole or in part, any public or 
corporate road or railroad so as to benefit any of such roads, so 
that the road-bed or traveled track of such road will be improved 
by the construction of said ditch, drain or levee, the commissioners 
shall apportion to the county, State, or free turnpike road, to the 
township, if a township road, to the company, if a corporate Toad 
or railroad, such portions of the cost and expenses thereof as to 
private individuals, and require them to pay such cost and perform 
such labor in like manner as individuals ; and in case there is a 
disagreement between the commissioners and the corporate authority 
of the county, State, or free turnpike road or railroad as to the 
amount that they should contribute, then the commissioners shall 
refer the matter to the jury empanneled to assess damages and 
benefits, when they meet to correct their assessment of damages and 
benefits, and the jury shall then proceed to assess the damages and 
benefits in like manner as the lands of individuals, and no other or 
different notice shall be given than that required in section 19 of 
this act : Provided, that when the commissioners and the corporate 
authorities of the county, State, or free turnpike, township road, 
corporate road, or railroad, or any of them, agree as to the amount 
that they or any of them should contribute, that the amount so 
agreed on shall be reported to the said jury when they meet to 
correct their assessment roll, and the amounts so agreed on shall 
be incorporated in said assessment roll when amended by said jury." 

§ 7. That said act to which this act is an amendment be and 
the same is hereby amended by adding to the said act to which 
this act is an amendment, two other sections, to be numbered sec- 
tions seventeen and one-half (17^), and forty-four and one-half (44^-), 
as follows : 

"Section Vlh Jurors summoned or empanneled to assess dam- 
ages and benefits under this act, shall receive the same compensa- 
tion as petit jurors in courts of record, which shall be taxed as a 
part of the costs of the proceedings, and paid out of the assess- 
ments when collected by the commissioners, in the same manner as 
other costs and expenses " 

"Section 44^. Drainage and levee districts heretofore organized 
under this act, and drainage and levee districts hereafter organized 
under said act, when it shall become necessary to construct addi- 
tional drains, ditches or levees in order to protect the lands em- 
braced in said drainage and levee districts from inundation and 
overflow, or repair, enlarge, raise, strengthen or protect drains, 
ditches or levees already constructed or in process of construction, 



92 



DRAM-SHOPS. 



may, by their agents and employees, enter upon and take posses- 
sion of such lands as may be necessary to construct such additional 
drains, ditches or levees, or repair, enlarge, raise, strengthen or 
protect drains, ditches or levees already constructed or in process 
of construction, paying, if the owner of such lands and the com- 
missioners of said drainage and levee districts can agree, the value 
of such lands taken and the amount of damages occasioned thereby, 
to any such lands or its appurtenances, and if such owners and 
commissioners of said drainage and levee districts cannot agree, 
then the value of such land and the damages occasioned thereto 
may be ascertained, determined and paid in the manner that may 
now or hereafter be provided by any law of eminent domain. And 
the commissioners of said drainage and levee districts, when neces- 
sary to protect the drains, ditches or levees thereof, may put in 
such works in and along rivers, creeks or lakes, as will protect the 
banks of the same from caving, and they may go beyond the bounds 
of the said district for that purpose." 

Approved June 1:3, 1883. 



DRAM-SHOPS. 



LICENSE. 



§ 1. Fixes the minimum license fee at 
$500 for dram shops, aud $150 for 
malt liquors only, in cities, towns 
and villages. 



§ 2. Authorizes county boards to grant 
licenses on like terms, upon peti- 
tion of a majority of the legal 
voters of any town or election pre- 
cinct. 

§3. Prescribes penalties for violation of 
this act. 

An Act to restrict the powers of counties, cities, towns and villages in 
licensing dram shops, to provide for granting a license to retail 
malt liquors separately, aud for -punishing persons holding such- 
separate license for unlawful sale and gifts. 

Section 1. Be it enacted bg the People of the State of Illinois, rep- 
resented in the General Assembly : That hereafter it shall not be law- 
ful for the corporate authorities of any city, town or village in this 
State, to grant a license for the keeping of a dram-shop, except 
upon the payment, in advance, into the treasury of the city, town 
or village granting the license, such sum as may be determined by 
the respective authorities of such city, town or village, not less 
than at the rate of five hundred dollars ($500) per annum : Pro- 
vided, that in all cases when a license for the sale of malt liquors 
only is granted, the city, town or village granting such license, may 
grant the same on the payment, in advance, of the sum of not less 
than at the rate of one hundred and fifty dollars ($> 150) per annum : 
And provided, further, that the city councils in cities, the board of 
trustees in towns, and president and board of trustees in villages, 



DKAM-SHOPS. 93 



may grant permits to pharmacists for the sale of liquors for medi- 
cinal, mechanical, sacramental and chemical purposes only, under 
such restrictions and regulations as may be provided by ordinance. 

§ 2. The county boards of each county may grant licenses to 
keep so many dram-shops in their county as they may think the 
public good requires, upon the application, by petition, of a majority 
of the legal voters of the town, if the county is under township 
organization, and if not under township organization, then of a ma- 
jority of the legal voters of the election precinct or district where 
the same is proposed to be located, and upon the payment into the 
county treasury of such sum as the board may require, not less 
than five hundred dollars (S500) per annum for each license ; and 
upon compliance with the provisions of an act entitled "An act to 
provide for the licensing of, and against the evils arising from the 
sale of intoxicating liquors," approved March 3, 1874, in force July 
1, 187^: Provided, that in all cases where a license is granted for 
the sale of malt liquors only, such board may grant the same, 
upon payment into the county treasury, of a sum not less than one 
hundred and fifty dollars ($150) per annum for each license : Pro- 
vided, further, such board shall not have power to issue any license 
to keep a dram-shop in any incorporated city, town or village, or 
within two miles of the same, in which the corporate authorities 
have authority to licen-e, regulate, restrain or prohibit the sale of 
liquors, or in any place w ? here the sale of liquors is prohibited by 
law. 

§ 3. Any person having a license to sell malt liquors only, w r ho 
shall by himself or another, either is [as] principal, clerk or servant, 
directly or indirectly, sell or give any intoxicating liquors, other than 
malt liquors, in a less quantity than one gallon, or in any quantity 
to be drank upon the premises, or in or upon any adjacent room, 
building, yard or place of public resort, shall for each offense be 
fined not less than twenty dollars, nor more than one hundred dol- 
lars, or confined in the county jail not less than ten nor more than 
thirty days, or both, in the discretion of the court. The penalties 
provided for in this section may be enforced by indictment or infor- 
mation in any court of competent jurisdiction, or the fine only may 
be sued for and recovered before any justice of the peace of the 
proper county, and in case of conviction, the offender shall stand 
committed to the county jail until the fine and costs are fully paid. 
A conviction under this section shall forfeit the license held by the 
defendant, and the court rendering judgment upon such conviction 
shall in such judgment declare a forfeiture of such license. 



Approved June 15, It 83. 



94 ELECTIONS. 



ELECTIONS. 



NEW PKECINCTS. 

§ 1. Amends Sec. 30, Act 1872, by requir- § 2. Amends Sec. 32, same act, by re- 

ing precincts to be divided when quiring county boards to appoint 

too large, and limiting the number judges at the annual meeting pre- 

of voters to 700. ceding each general election. 

An Act to amend sections thirty (SO) and thirty-two (£2) of an act entitled 
"An act in regard to elections, and to provide for filling vacancies 
in elective offices, 1 ' approved April 3, 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 sections thirty (-3-) and 
thirty-two (32) of an 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 30. The county board of such counties may, from time 
to time, change the boundaries of election precincts, and may erect 
and establish one or more new election precincts, and may designate 
and change the places of holding elections, and whenever it shall 
appear that for the convenience of the voters, and by reason of such 
precinct being too large, and too numerously populated, the county 
board shall divide such precincts into election districts, numbering 
the same, and establishing one election poll only, in such district : 
Provided, however, that such districts be so formed, as nearly as 
can be practically ascertained, to poll not more than seven hun- 
dred (700) votes. The voters of such precinct shall not be per- 
mitted to cast their vote at any other district of the precinct, 
excepting in the election district in which they reside. All general 
and special elections shall be held at the places so designated and 
established. 

"Section 32. In counties not under township organization, the county 
board shall annually, at its regular session preceding the general 
election, appoint three capable and discreet electors to act as judges 
of election in each election precinct or district, and may at any 
time fill vacancies." 

Approved June 18, 1833. 



FEES AND SALAEIES. 95 



FEES AND SALARIES. 



CLASSIFICATION OF COUNTIES. 

§ 1. Classifies the counties in the State under the census of 1830.— Counties not exceeding 
25,000, first class; over 25,000 and not exceeding 100,000, second class; exceeding 
100, 000. third class. 

An Act to amend section IS of "An act concerning fees and salaries, 
and to classify the several counties of this State with reference 
thereto ," approved March 29, 1872, in force July 1, 1872, title 
as amended by an act approved March 28, 1874, in force July l y 
1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 13 of an act en- 
titled "An act concerning fees and salaries, and to classify the 
several counties of this State with reference thereto," approved 
March 29, 1872, in force July 1, 1872, title as amended by act ap- 
proved March 28, 1874, in force July 1, 1874, be and the same is 
hereby amended so as to read as follows : 

"Sec 13. That for the purpose of fixing the fees and compen- 
sation of county and township officers in this State, the several 
counties therein are hereby divided into three classes, according to 
population, as ascertained by the Feberal census of the year 1880, 
which classes shall be known as the first, second and third, as fol- 
lows : 

Counties containing a population of not exceeding twenty-five 
thousand inhabitants, to-wit : Alexander, Bond, Boone, Brown, 
Calhoun, Carroll, Cass, Clark, Clay, Clinton, Crawford, Cumberland, 
DeWitt, Douglas, DuPage, Edwards, Effingham, Fayette, Ford, 
Franklin, Gallatin, Greene, Grundy, Hamilton, Hardin, Henderson, 
Jackson, Jasper, Jefferson, Jersey, Johnson, Kankakee, Kendall, 
Lake, Lawrence, Marion, Marshall, Mason, Massac, McHenry, 
Menard, Mercer, Monroe, Moultrie, Perry, Piatt, Pope, Pulaski, 
Putnam, Richland, Saline, Schuyler, Scott, Stark, Union, Wabash, 
Warren, Washington, Wayne, White, Williamson and Woodford, 
shall belong to, and be known as counties of the first class. 

Counties containing a population over twenty-five thousand and 
not exceeding one hundred thousand, to-wit : Adams, Bureau, 
Champaign, Christian, Coles, DeKalb, Edgar, Fulton, Hancock, 
Henry, Iroquois. Jo Daviess, Kane, Knox, LaSalle, Lee, Livingston, 
Logan, Macon, Macoupin, Madison, McDonough, McLean, Mont- 
gomery, Morgan, Ogle, Peoria, Pike, Randolph, Rock Island, San- 
gamon, Shelby, St. Clair, Slephenson, Tazewell, Vermilion, White- 
side, Will and Winnebago, shall belong to, and be known as coun- 
ties of the second class. 



96 FEES AND SALARIES. 



Counties containing a population exceeding one hundred thousand, 
to-wit, the county of Cook, shall belong to, and be known as 
counties of the third class. 

The fees and compensation of the several officers hereinafter 
named shall be as follows, in the respective classes of the counties 
to which they belong:" 

Approved June 23. 18S3. 



COUNTY CLEP.KS — THIRD CLASS. 

S 1. Amend section 4. act 1874, by increasing fees, copies of paper from. "8" to 10 cents 
per ldO words, filing papers from "8" to 10 cents, extending taxes from "1" to 2 
cents, for entering judgment from "1" to 2 cents, for issuing tax sale certificates 
from "15" to 20 cents, for cancelling certificates of sale from "15" to 20 cents, for cer- 
tificates of redemption from "25" to 50 cents. 

An Act to amend section four (4) of an act entitled "An act to pro- 
vide for jees of certain officers therein named, in counties of the 
third class f approved March 2, 1874, in force March 2, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section four of an act 
entitled "An act to provide for fees of certain officers therein 
named, in counties of the third class," approved March 2, lb74, in 
force March 2, 1874, be amended so as to read as follows : 

" Sec. 4. For each license and taking bond for ferry, toll-bridge, 
turn-pike, road, tavern, saloon, grocerv or peddler, one dol- 
lar ($1.00). 

For issuing each marriage license, sealing, filing and recording the 
same, and the certificate thereto (one charge), one dollar and fifty cents 

($1.50). 

For each copy of rates for ferry, toll-bridge or turnpike road, twenty- 
five cents (2c c). 

For taking and certifying to tbe acknowledgment of a deed, power 
of attorney, or other writing and sealing the same, twenty-five cents 
(25c). 

For filing certificate in case of estrays, entering the same and 
furnishing notices for publication thereof (one charge), seventy- 
five cents (75c). 

For recording all papers and documents required by law to be 
recorded in the office of the county clerk, for every one hundred 
words, ten cents (10c). 

For swearing any person to an affidavit, not to be used in a case 
in the court of which he is a clerk, with certificate and seal, twenty- 
five cents (25c). 



FEES AND SALAKIES. 97 



For certificate and seal, not in a case in a court whereof lie is 
clerk, twenty-five cents (25c). 

For making and certifying a copy of any paper or record in his 
office, for every one hundred words, ten cents (10c). 

For filing patters in his office, for each paper filed, ten cents 
(10c). 

For making transcript of taxable property for the assessors two 
cents (2c) for each tract of land or town lot, and for extending 
other than State and county taxes, two cents (2c) for each tax on 
each tract or lot, and each person's personal tax, to be paid by 
the authority for whose benefit the transcript is made and the 
"taxes extended, and it shall be the duty of the county clerk to 
certify to the county collector, the amount due from each authority, 
and the collector in his settlement with such authority shall reserve 
such amount from the amount due and payable by him to such 
authority. The following fees shall be allowed for services in mat- 
ters of taxes and assessments, and shall be charged as costs 
against the delinquent property and collected with the taxes 
thereon : 

For entering judgment for each tract or lot, two cents (2c). 

For services in attending the tax sales, and issuing certificates 
of sales and sealing the same, for each tract or lot, twenty cents 
(20c). 

For canceling certificates of sale for each tract or lot, twenty 
cents (£0c). 

For certificates of redemption, fifty cents (50c)." 

. Approved June 18, 1683. 



STATE S ATTORNEYS. 
§ 1. Amends section 8, act 1872, by increasing the fees of State's attorneys. 

An Act to amend section eight (8), of an act entitled "An act con- 
cerning fees and salaries, and to classify the several counties of 
this State ivith reference thereto" approved March 29, 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 eight (8) of an act 
entitled "An act concerning fees and salaries, and to classify the 
several counties of this State with reference thereto," approved March 
29, 3872, in force July 1, 1872, be and the same is hereby amended 
so as to read as follows : 
—7 



98 FEES AND SALARIES. 



"Sec. 8. The State's attorneys shall also be allowed the following 
fees : For each conviction in a felony case, twenty dollars ($20) ; 
for each conviction in other cases, including cases where justices of the 
peace have original jurisdiction, five dollars ($5) : Provided, no fees shall 
be charged on the excess of counts above twenty in any one indictment 
or information, nor on more than twenty counts against anyone defend- 
ant on pleas of guilty at the same term of court ; for attending prelimi- 
nary examinations, for each defendant recognized or held to answer on 
a charge of felony, five dollars ($5) ; for each trial in a court of record 
of a charge of bastardy, ten dollars ($10) ; for each examination in a 
court of record of a party bound over to keep the peace, five dollars 
($5) ; for each case of appeal or writ of error taken from his county to 
the supreme or appellate court, when prosecuted or defended by him, 
thirty dollars ($30), and all the foregoing fees shall be taxed as costs 
to be collected from the defendant if possible. If each case of forfeited 
recognizance, where the forfeiture is set aside at the instance of the 
defense, in addition to the ordinary costs, five dollars ($5) shall be col- 
lected from each defendant as a State's attorney's fee, for each day 
actually employed in the trial of every case of felony arising in their 
respective counties ; when take a by a change of venue to another 
county, ten dollars ($10) per diem, and the judge before whom the case 
is tried shall make an order specifying the number of days for which 
said per diem shall be allowed, and it is hereby made the duty of each 
State's attorney to prepare and try every case of felony arising in his 
county, when so taken away by chan ge of venue. And it shall be the 
duty of the State's attorney of the county in which such case is tried 
to assist in the trial of such case, and for such assistance he shall have 
the same fee he would be entitled to if the case had arisen in his own 
county. Ten per cent, upon all moneys (except revenue) collected by 
them, and paid over to the authorities entitled thereto, which per cent., 
together with the fees provided for herein, that are not collected from 
the parties tried or examined, shall be paid out of any fines and for- 
feited recognizances collected by them. State's a torneys shall have a 
lien for their iees, on judgments for fines or forfeitures procured by 
them for their fees and earnings, until they are fully paid, and such 
payment shall operate as a release of the lien created by this act." 

Approved June 15, 1883. 



FENCES. 



99 



FENCES. 



HEDGES ALONG HIGHWAYS. 



Hedge fences along highways not to 
exceed Ave feet in height— wind- 
brakes for stock. 

Penalties for violation of this act— 
fines paid into district road fund. 



3. Hedges of non-resident owners of 
land to be trimmed by the Com- 
missioners of Highways and the 
expenses charged and collected as 
delinquent taxes. 



An Act concerning hedge fences along the public highways in this State. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That the owner or owners of any 
hedge fence along the line of any public highway in this State, shall 
during the year next after such hedge shall have attained the age 
of seven years, cut back or trim such hedge fence, to a height not 
to exceed five feet, and shall, at least once in every two years there- 
after, cut back or trim such hedge fence, so that the same shall not 
exceed the height of five feet, so that such public highways shall 
not be obstructed or impaired in usefulness or convenience, nor the 
public health be injured or jeopardized by such hedge fence : 
Provided, that the provisions of this section shall not apply to any 
hedge protecting either an orchard or building : Provided further, 
that upon application by the owner of any hedge fence along any 
highway, to the commissioners of highways of the town where sit- 
uated, in counties under township organization, or to the supervisors 
of highways in the road district where situated in counties not under 
township organization, said commissioners of highways, or super- 
visors of highways, as the case may be, shall permit said owner to 
grow a hedge fence, not to exceed one-fourth of the total length of 
hedge fence along the highway, on each farm of said owner, to any 
height desired by said owner as a windbreak for stock. 

§ 2. If the owner or owners of any such hedge fence shall fail 
or refuse to comply with the provisions of this act, on or before the 
fifteenth day of May in the year that said hedge should be cut, the 
said owner or owners shall be subject to a fine not less than ten 
dollars ($10) nor more than fifty dollars ($50) in each and every 
year failing to comply with the provisions of this act. Said fine may 
be recovered, with cost of suit, against the owner or owners of such 
hedge fence, before any justice of the peace, or other court of com- 
petent jurisdiction, of the county in which such hedge is situated, 
by suit in the name of the commissioners of highways of the town- 
ship in the counties under township organization, or supervisors of 
highways of the road district in counties not under township organ- 
ization, in which such hedge fence may be situated ; said fine to be 
applied for the use of the road district in which such hedge fence 
may be situated. 

§ 3. That w r hen the owner or owners of such hedge fence do not 
reside in the county where such hedge fence is situated, and refuse 
or neglect to cut, or cause the same to be cut, it shall be the duty 



100 GUARDIAN AND WARD. 



of such commissioners, or supervisors of highways, to cut or cause 
such hedge fence to be cut or trimmed, at any time after the fifteenth 
day of May ha each and every year, as is required by this act. The 
cost of cutting or trimming, and all costs that may accrue by cut- 
ting or trimming such hedge fence, may be returned by the com- 
missioners or supervisors of highways as delinquent road tax against 
the land on which such hedge fence may be situated, to be collected 
the same as other tax. 

Approved June 21, 1883. 



GUARDIAN AND WARD. 



VISITATION OF MINORS IN CERTAIN CASES. 

§ 1. Amend section 4, act 187?, by adding the proviso concerning visitation of minors by 

certain persons. 

An Act to amend section four of an act entitled "An act in regard 
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, rep- 
resented in the General Assembly: That section four of an act entitled 
"An act in regard to guardians and wards," approved April 10, 
1872, in force July 1, 1872, be amended so as to read as follows : 

"Section 4. The guardian of a minor shall have, under the direc- 
tion of the court, the custody, nurture and tuition of his ward, and 
the care and management of his estate. But the father of the 
minor, if living, and in case of his death, the mother, they being 
respectively competent to transact their own business, and fit per- 
sons, shall be entitled to the custody of the person of the minor 
and the care of his education. In case the father and mother shall 
live apart, the court may, for good reason, award the custody and 
education of the minor to the mother or other proper person : 
Provided, that whenever any person or persons shall make any 
settlement upon or provision for the support and education of any 
minor child, it shall be competent for the court, in case either the 
father or mother of such child be dead, to make such order in 
relation to the visitation of such minor child by such person or 
persons so making such settlement or provision, as shall to the 
court seem meet and proper." 

Approved June 25, 1883. 



INSURANCE — FIRE. 101 



INSURANCE— FIRE. 



FOREIGN COMPANIES. 

§ 1. Depo-its for protection of policy holders— appointment of attorney upon whom 
service of process may be had— withdrawal of company from this State— state- 
ments of condition of company to be filed with Auditor— certificates of authority 
to do business in this State given by Auditor— penalties for violation of this act. 

An Act to govern foreign fire, marine and inland navigation insurance 
companies, doing business in the State of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: It shall not be lawful for any 
insurance company, association, partnership or organization, incor- 
porated by, or organized, or doing business under the laws of any 
foreign government, directly or indirectly, to take risks or transact any 
business of insurance in this State, unless the sum of at least two hun- 
dred thousand dollars ($200,000), in stocks of the United States or of 
the State of Illinois, reckoned at par, or in bonds and mortgages 
on improved unincumbered real estate in the State of Illinois worth 
fifty per cent, more than the amount loaned thereon, shall be de- 
posited with the insurance department of one of the States of the 
United States, for the benefit and security of all policyholders in 
the United States, which said deposit shall, for the purposes of this 
act, be known as the capital of said company for the United States ; 
and any such company desiring to transact any such business as 
aforesaid, by any agent or agents, in this State, shall first appoint 
an agent in this State, on whom process of law can be served, and 
file in the office of the Auditor of Public Accounts a written instru- 
ment, duly signed and sealed, certifying such appointment, which 
shall continue until another attorney be substituted ; and any pro- 
cess issued by any court of record in this State, and served upon 
such attorney by the proper officer of the county in which such 
attorney may reside or may be found, shall be deemed a sufficient 
service of process upon such company, but service of process upon 
such company may also be made in any other manner now pro- 
vided by law. In case any such insurance company or association 
shall cease to transact business in this State according to the laws 
thereof, the agents last designated or acting as such for such corpora- 
tion, shall be deemed to continue agents for such corporation for the 
purpose of serving process for commencing actions upon any 
policy or liability issued or contracted while such corporation trans- 
acted business in this State, and service of such process for the 
causes aforesaid, upon any such agent, shall be deemed a valid 
personal service upon such corporation. And every such company, 
association or partnership shall file a copy of their charter, deed of 
settlement or article of association, together with a statement, under 
oath, of its president or vice-president, or other chief officer or 
resident manager, stating the name of the company, association or 
partnership, and place where located, the amount of its capital and 
assets in detail deposited and held in the United States, including 



102 INSUEANCE — FIRE. 



the amount of cash on hand, in bank or in the hands of agents, 
the amount of real estate and how much the same is incumbered, 
the number of shares of stock of every kind owned by it, the par 
and market value of the same, amount loaned on bond and mort- 
gage, the amount loaned on other security, stating the kind and 
amount loaned on each, and the estimated value of the whole 
amount of such securities and assets ; such statement shall not, 
however, include any deposits in any of the United States not made 
for the benefit and protection of all policyholders throughout the 
United States, nor shall any special deposits for the exclusive pro- 
tection and benefit of policyholders in any one State, be treated as 
assets of said company under this act ; said statement shall also 
state the indebtedness of the company, the amount of its losses 
adjusted and unpaid, the amount incurred and in process of ad- 
justment, the amount resisted by it as illegal and fraudulent, 
and all other claims existing against it in the United States. 
And no agent shall be allowed to transact business for any 
such company, association or partnership whose capital, deposited 
as aforesaid, is impaired to the extent of twenty per cent, 
thereof, while such deficiency shall continue, and every such 
company, association or partnership may, if it desires, also file 
a statement, under the oath of its president or vice-president, 
or other chief officer, of the amount of its capital and assets in 
detail held or deposited in any country other than the United States, 
showing the amount of cash on hand, in bank or in the hands of 
agents, the amount of real estate and how much the same is 
encumbered by mortgage, the number of shares of stock of every 
kind owned by the company, the par and market value of the same, 
amount loaned on bond or mortgage, the amount loaned on other 
securities, stating the kind and amount loaned on each, and the 
estimated value of the whole amount of such securities and other 
assets, together with its indebtedness, the amount of losses adjusted 
and unpaid, the amount incurred and in process of adjustment, the 
amount resisted by it as illegal and fraudulent, and all other claims 
existing against it in the United States or elsewhere. And when any 
such company or association shall file with the Auditor of Public 
Accounts a certificate of the superintendent of the insurance depart- 
ment of any other State, stating that a deposit of two hundred 
thousand dollars ($200,000), or more, or its equivalent, for the pro- 
tection of the policyholders in the United States, has been made by 
said company or association in that State in accordance with the 
existing laws of said State, said company or association shall not 
be required to make any deposit in this State, so long as said 
deposit shall remain intact with the insurance department or 
treasurer of said State, a certificate of which, from the superintendent 
of the insurance department of that State, shall be annually filed 
with the Auditor of Public Accounts of this State, and so long as 
such company, association or partnership shall continue solvent 
and continue possessed of such capital in the United States and 
comply with the laws of this State, it may make insurance on 
dwelling houses, stores, and all kinds of buildings, and upon house- 
hold furniture and other property, against loss or damage by fire 
and the risks of inland navigation and transportation, and transact 



INSURANCE — FIRE. 103 



a general insurance business. It shall not be lawful for any agent 
or agents to act for any company, or association or partnership 
referred to in this section, directly or indirectly, in taking risks or 
transacting the business of fire and inland insurance in this State, 
without procuring from the Auditor of Public Accounts a certificate 
of authority, stating that such company has complied with all the 
requisitions of this act ; and the name of the attorney appointed to 
act for the company, association or partnership. The statement 
and evidences of capital required by this section shall be renewed 
from year to year, in such manner and form as may be required 
by said Auditor, with an additional statement of the amount of 
premiums received and losses incurred in this State during the pre- 
ceding year, so long as such agency continues ; and the said 
Auditor, on being satisfied that such capital, securities and invest- 
ments remain secure, as hereinbefore provided, shall furnish a 
renewal of the certificates as aforesaid. Any violation of any of the 
provisions of this act, shall subject the person violating the same 
to a penalty of five hundred dollars for each violation, and the 
additional sum of one hundred dollars for each month during which 
any such agent shall neglect to file such affidavits and statements 
as are herein required. Every agent of any insurance company, 
association or partnership, herein referred to, shall, in all advertise- 
ments of such agency, publish its location, giving the name of the 
city, town or village where its principal or home office is located, 
and the government under the laws of which it is organized or does 
business. The term "agent" or "agents" used in this section, shall 
include any acknowledged agent, surveyor, broker, or any other per- 
son or persons who shall in any manner aid in transacting the 
business of any insurance company not incorporated by the laws of 
one of the United States. The provisions of this section shall apply 
to all foreign companies, partnerships, associations, and individuals, 
whether incorporated or not. The statement and evidences of invest- 
ment required by this act shall be renewed annually, in the month 
of January of each year, the statement of capital and business in 
the United States to be verified by the resident manager, and to be 
made out for the year ending December 31st, immediately preceding ; 
and in case a statement of the business affairs and property of the 
home office is filed, such statement shall also be for the year ending 
December -3J st, next preceding ; and the Auditor of State, on being 
satisfied that the capital, securities and investments remain secure, 
shall furnish a renewal of such certificate. Unless a home office 
statement of the capital and affairs of any company or association 
is filed with the Auditor of Public Accounts as herein provided, 
neither it nor any agent shall be permitted to advertise any capital 
or assets not held or deposited in the United States ; nor shall such 
company or association, or its agent or agents, be permitted to 
advertise as capital deposited in the United States a greater sum 
than the actual value thereof. 

All acts or parts of acts in conflict herewith are hereby repealed. 

Approved June 18, 1883. 



104 



INSURANCE — FIEE LIFE . 



TOWNSHIP. 

§ 1. Amends section 7, act 1874, by permitting non-residents to insure and become mem- 
bers of such companies, even though they may not be residents of the county in 
which the company is situated. 

An Act to amend section seven of an act entitled "An act to revise 
the law in relation to township insurance companies," approved 
March 24, 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 seven of an act 
entitled "An act to revise the law in relation to township insurance 
companies," approved March 24, 1874, and in force July 1, 1874, 
be amended to read as follows : 

"Section 7. Any person owning property in the district for which 
any such company is formed, may become a member of such com- 
pany by insuring therein, and shall be entitled to all the rights 
and privileges appertaining thereto ; but a person not residing within 
the district for which the company is formed shall not become a 
director of such company." 

Approved June 18, 1883. 



INSURANCE— LIFE. 



assessment plan for benefit of representatives of deceased- 
members. 



§ 1. 



§3. 



§ 7. 



Authorizes associations or societies 
to incorporate. 

Application|submitted to Auditor for 
approval. 

Upon filing application paoers in the 
office of Secretary of State he 
shall issue certificate of incor- 
poration, which shall be filed in 
the recorder's office in the coun- 
ty in which the principal office is 
located. 

Powers. 

Management. 

Assessment notices — benefit fund 
shall not be used for other pur- 
poses. 

Procuring certificates of member- 
ship by fraud or misrepresenta- 
tion—penalties. 

Surplus fund. 

Annual reports to Auditor— exemp- 
tions. 
Auditor may examine books and 
papers to verify report. 



§ 11. Associations may request examina- 
ination of affairs by Auditor. 

§ 12. Failure to make annual reports, or 
making fraudulent statements, 
shall be cause for action in the 
courts for removal of officers or 
dissolution of the corporation. 

§ 13. Penalties for refusal or neglect to 
comply with the provisions of 
this act, or for inducing any per- 
son to become a member of any 
such corporation not complying. 

§14. First statement or report of condi- 
tion to the Auditor to be made 
Sept. 1, 1883. 

§ 16. Corporations of similar character 
and similar purpose organized 
in other States— license -service. 

§ 16. Annual fees— in default of payment 
license shall be revoked -penal- 
ties for failure to comply with 
the law— Auditor authorized to 
inquire into solvency. 

§ 17. Repeals all laws in conflict. 



INSUBANCE — LIFE. 105 



An Act to provide for the organization and management of corpora- 
tions, associations or societies for the purpose of furnishing life 
indemnity or pecuniary benefits to widows, orphans, heirs, relatives 
and devisees of deceased members, or accident or permanent disability 
indemnity to members thereof. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General* Assembly : That corporations, associations or 
societies for the purpose of furnishing life indemnity or pecuniary 
benefits to the widows, orphans, heirs or relatives by consanguinity 
or affinity, devisees or legatees of deceased members, or accident or 
permanent disability indemnity to members thereof, and where 
members shall receive no money as profit, and where the funds for 
the payment of such benefits shall be secured, in whole or in part, 
by assessment upon the surviving members, may be organized, sub- 
ject to the conditions hereinafter provided. 

§ 2. Any five or more persons, citizens of the United States, a 
majority of whom shall be bona fide citizens and voters of this State, 
may associate themselves together as a body corporate, for which 
purpose they shall make, sign and acknowledge, before any officer 
authorized to take acknowledgments of deeds in this State, a cer- 
tificate of association, in which shall be stated the name or title by 
which such corporation, association or society shall be known in law; 
the location of its principal business office (which office must be located 
in this State) ; the name and residence of the incorporators ; the 
object of the corporation, with its plan of doing business, clearly and 
fully defined ; the number of its directors, trustees or managers, and 
the names of those selected to serve until its first annual meeting ; 
the limits as to age of applicants for membership, and whether 
medical examinations are required ; and that bona fide applications 
have been secured for at least $200,000, by not less than two hun- 
dred persons, which certificate of association shall be submitted to 
the Auditor of Public Accounts, who shall carefully examine the 
same ; and, if he shall find that the objects and purposes are fully 
and definitely set forth, and are clearly within the provisions of this 
act, and that the name or title is not the same or does not so closely 
resemble a title in use as to have a tendency to mislead the public, 
shall approve the same. If for either of the aforesaid, or other good 
and sufficient reasons, the said Auditor shall be unwilling to ap- 
prove the certificate of association, he shall immediately inform the 
incorporators of the fact, stating his objections fully in writing. If 
the certificate is sufficient and satisfactory, the said Auditor shall 
indicate his approval thereof under his hand and official seal, and 
shall forthwith file the same, together with the certificate of asso- 
ciation, and other papers accompanying it, in the office of the Sec- 
retary of State. 

§ 3. Upon the filing of the papers as aforesaid, the Secretary of 
State shall issue a certificate of organization of the corporation, as- 
sociation or society, making as a part thereof a copy of all papers 
filed in his office in and about the organization thereof, and duly 
authenticated under his hand and seal of State ; and the same shall 
be recorded in a book kept for that purpose in the office of the re- 



106 INSURANCE — LIFE. 



corder of deeds of the county in which the principal place of busi- 
ness of such corporation, association or society is located. 

§ 4. A corporation, association or society organized under the 
provisions of this act shall be a body corporate and politic, by the 
name stated in the certificate of organization, and by that name 
they and their successors may have succession, and shall be persons 
in law capable of suing and being sued ; and may have power to 
make and enforce contracts in relation to the legitimate business of 
their corporation, association or society ; may have and use a com- 
mon seal and may change or alter the same at pleasure, and they 
and their successors in their corporate name shall in law be capable 
of taking, purchasing, holding and disposing of real and personal 
estate for the purposes of their association or society ; may make 
by-laws not inconsistent with the constitution and laws of this State 
or of the United States, which by-laws shall define the manner and 
form of electing directors, trustees or managers and officers of the 
corporation, association or society, and the qualifications and duties of 
the same, with terms of office, [not exceeding three years ; and, also, 
the qualifications and privileges of the members thereof. 

§ 5. The affairs of all corporations, associations or societies or- 
ganized or doing business under the provisions of this act, shall be 
managed by not less than five directors, trustees or managers, a 
majority of whom shall be residents of the State of Illinois, who 
shall be elected from and by the members, at such time and place, and 
for such period not exceeding three years, as may be provided for in the 
by-laws, and may be eligible for re-election : Provided, that as near as 
practicable an equal number shall be elected each year. Whenever 
directors, trustees or managers shall be elected, a certificate under 
the seal of the corporation, giving the name and residence of those 
elected and the term of their office, shall be recorded in the office 
of the recorder of deeds where the certificate of organization is re- 
corded. Vacancies in the board of directors, trustees or managers 
shall be filled in the manner provided in the by-laws, and upon fill- 
ing any vacancy a like certificate shall be recorded. 

§ 6^ Assessment notices sent to members by any association or 
corporation doing business under the provisions of this act, shall 
state the object or objects for which the money to be collected is 
intended ; and no part of the funds collected for the payment of 
death benefits shall be applied for any other purpose. 

§ 7. Any agent, physician or other person, who shall knowingly 
secure, or cause to be secured, a certificate of membership on any 
person, without his knowledge ; or consent, or by means of misrepre- 
sentations, false, fraudulent or untrue statements, be instrumental in 
securing a certificate of membership on any aged or infirm person, 
or in restoring to membership any person not in an insurable con- 
dition, shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined in a sum not less than $100, nor more 
than $1,C00, or [be] imprisoned in the county jail not less than thirty 
days nor more than one year, or both, in the discretion of the 
court ; and said certificate or renewal, so secured, shall be absolutely 
void . 



INSURANCE — LIFE. 107 



§ 8. All corporations, associations or societies transacting busi- 
ness under the provisions of this act, may provide by by-laws for 
the accumulation of a surplus, general or guarantee fund, which 
may be invested only in the corporate name of the association or 
society, in United States, State, county, city or other first-class 
convertible bonds or stocks, upon which interest has not been in 
default. Such funds, when so set apart and so invested, shall, with 
the increase thereof, belong to such corporation, association or so- 
ciety, and not to the directors, trustees, managers or officers thereof; 
and shall be used only for mortuary benefits, without assessment, 
or applied in payment of future assessments, or otherwise used for 
the promotion of the object or objects for which said funds are 
specially provided and set apart, and such use shall not be deemed 
or construed to mean a profit received by members within the mean- 
ing of the statutes of this State. 

§ 9. All corporations, associations or societies organized under 
the provisions of this act, or that have heretofore been organized 
within this State, under any charter, compact or agreement or 
statute of this State, for the purpose of furnishing life, accident or 
permanent disability indemnity or mortuary benefit on the assess- 
ment plan, in accordance with the provisions of the first section of 
this act, shah not be deemed insurance companies, nor subject to 
the laws of this State relating thereto, but shall comply with, and 
conform to all the requirements and provisions of this act ; and shall, 
by their president and secretary, or like officers, make to the Audi- 
tor of Public Accounts, annually, on or before the first day of March 
in each and every year, a statement, under oath, for the year end- 
ing on the thirty-first day of December next preceding, upon blanks 
furnished by the said Auditor, vvhich blanks shall be such as will 
show its financial condition, assets, liabilities, total amount of in- 
demnity in force, number of members, number whose memberships 
have terminated during the year, and cause thereof, total receipts 
and sources thereof, total expenditures and objects thereof, and the 
average amount paid on each certificate, and shall pay to the said 
Auditor, upon filing said certificate, a fee of $5, and the said Audi- 
tor shall publish said statement in his annual report : Provided, 
that nothing herein contained shall be held to apply to any organ- 
ization of a purely social, religious or benevolent character, where 
no commissions are paid and no salaried officers or agents em- 
ployed ; nor to any local association or society organized under, or 
subject to the control of a grand or supreme body, nor to any secret 
organization having subordinate lodges or councils which has been 
organized under the laws of this or any other State, and which is 
now permitted to do business in this State. 

§ 10. The Auditor of Public Accounts shall have authority, in 
person or by an expert for that purpose appointed, to verify the 
statements aforesaid, by examination of the books and papers of 
the corporation, and make such other examination as he may deem 
necessary. The expense of such examination shall be paid by the 
corporation, association or society having its books examined, and 
shall not exceed the necessary traveling and hotel expenses of said 
Auditor or expert. 



108 INSURANCE — LIFE. 



§ 11. The Auditor of Public Accounts shall, at the request of 
any corporation, association or society doing business under the 
provisions of this act in this State on the assessment plan, make 
an examination of such corporation, and shall furnish a certificate 
of the results of such examination, showing all its assets, and how 
invested, and such other particulars as may be deemed necessary 
to show the character and condition of said corporation, and the 
necessary expense of the said examination shall be paid by the cor- 
poration requesting the same. 

§ 12. Whenever any corporation, association or society organized 
or having transacted business under the provisions of this act, shall 
neglect or refuse to make its annual statements as required by this 
act, or whenever the said Auditor shall find, upon examination as 
provided in section 10 of this act, that any willfully, false or untrue 
statements in any material respect have been made, or that the 
business of the corporation, association or society has been con- 
ducted fraudulently, or in willful violation of any of the provisions 
of this act, or that the corporation has transacted business different 
from that authorized by its certificate of incorporation, he shall 
communicate the fact to the Attorney General, whose duty it shall 
be to apply to the Circuit Court where its principal office is located, 
for an order requiring the officers, or directors, trustees or mana- 
gers of such corporation, to show cause why they should not be re- 
moved from office, or its business closed; and the court shall there- 
upon hear the allegations and proofs of the respective parties, and 
if it shall appear to the satisfaction of the said court that any one 
or more of them have been guilty of fraud or any material irregu- 
larity or violation of law to the injury of the said corporation, asso- 
ciation or society, or of non-compliance with any of the provisions 
of this act, the court shall decree a removal from office of the guilty 
party or parties, which decree shall forever debar him or them from 
holding a similar office, and shall substitute a suitable person or 
persons to serve until the regular annual meeting, or until a suc- 
cessor or successors are regularly chosen or elected ; or if it shall 
appear to the said court that the interests of its members or the 
general public so require, the court may decree a dissolution of such 
corporation, association or society, and a distribution of its effects. 

§ 13. Any officer, director, trustee or manager, or any other per- 
son having charge of the books and papers of any corporation con- 
ducting business under the provisions of this act, who shall will- 
fully neglect or refuse to comply with the provisions of this act, 
shall be subject to a fine of not less than $10 nor more than $100 
for each offense. Any person who shall act as agent, or be instru- 
mental in securing or inducing any person to become a member of 
any assessment plan corporation, association or society that has 
not complied with the provisions of this act, shall be deemed guilty 
of a misdemeanor and shall be subject to a fine of not less than 
$10 nor more than $50 for each offense, and shall be imprisoned 
in the county jail located in the county where the conviction is 
secured, until such fine is paid, not exceeding thirty days for each 
conviction. 



INSURANCE — LIFE. 109 



§ 14. The first statement to the Auditor of Public Accounts, as 
required under the provisions of section 9 of this act, shall be made 
on or before the first day of September, A. D. 1883, and shall em- 
brace all the facts required by the provisions of this act, from the date 
of organization up to the thirty-first day of December, A. D. 1882. 
Any corporation, association or society failing or refusing to make 
the statement, required by this section, within the time specified, 
shall be proceeded against in the same manner and shall be sub- 
ject to the same penalty as provided in section 12 of this act. 

§ 15. Any corporation, association or society organized under the 
laws of any other State or government, except secret societies having 
subordinate lodges or councils, and which are now permitted to do 
business in this State for the purpose of furnishing life, accident 
or permanent disability indemnity upon the assessment plan, where 
benefits are paid to such as have an insurable interest only, or that 
is carrying on the business of life or accident insurance on the 
assessment plan, as provided in section 1, complying with the pro- 
visions of this act, shall be licensed by the Auditor of Public Ac- 
counts, upon the payment to him of a fee of $25, to do business 
in this State : Provided, such corporation, association or society shall 
first deposit with the said Auditor a certified copy of its charter, or 
articles of incorporation, a copy of its statement of business for the 
preceding year, sworn to by its president and secretary, or like 
officers, showing a detailed account of expenses and income, the 
amount of life indemnity in force, its assets and liabilities in 
detail, number of members, and a certificate sworn to by the presi- 
dent and secretary, or like officers, setting forth that an ordinary 
assessment upon its members is sufficient to pay its maximum cer- 
tificate of membership to the full limit named therein ; a certificate 
from the State official charged with the enforcement of the insur- 
ance laws, or, if there be no such official, a certificate from the 
Attorney General of its home State, certifying that corporations, 
associations or societies furnishing life indemnity on the assessment 
plan, and whose ordinary assessments are sufficient to pay its max- 
imum certificate in full, and are chartered under the laws of this 
State, are legally entitled to do business in its home State, a copy 
of its policy, or certificate of membership, application, and by-laws, 
which must show that death losses are in the main provided for by 
assessments upon the surviving members ; and it shall legally 
designate a person or agent residing in this State, to receive service 
of process for said corporation, or in default of such designation, 
service of process may be made upon the Auditor of Public Ac- 
counts of Illinois, who shall be deemed its agent for that purpose, 
and he shall immediately notify any corporation thus served. 

§ 16. Such corporations, associations or societies shall pay to 
the said Auditor, upon filing each annual statement, a fee of $10, 
and in the event of its failure to make such statement on or be- 
fore the first day of March of each year, the Auditor shall revoke 
its license, and thereafter, or until such statement is made, it shall 
be deemed to be doing business unlawfully in this State. When the 
Auditor of Public Accounts shall have reason to doubt the solvency 
of any foreign corporation, association or society, acting under the 



110 JUDGMENT AND EXECUTION. 



provisions of this act, and when he is not fully satisfied with the 
certificate of the Insurance Commissioner, or other like officer, he 
may proceed to make an examination, as provided in this act, for 
the examination of corporations organized in this State ; and should 
he find that it has made fraudulent or untrue statements, or that it 
is conducting its business in an irregular and illegal manner, or if 
he shall be of the opinion that any such corporation is, in this State, 
conducting its business fraudulently, or is not in good faith carry- 
ing out its contracts with its members in this State, he shall report 
the same to the Attorney-General, who shall thereupon commence 
proceedings by writ of quo warranto against such corporation or as- 
sociation, requiring it to show cause why its license to do business 
in this State should not be revoked. And any such foreign corpor- 
ation or association now doing business in this State, that shall re- 
fuse or neglect to comply with the provisions of this act, within the 
space of ninety days after passage thereof, shall be deemed to be 
doing business unlawfully; and if any officer, agent or employe of 
any such corporation or association shall do business in this State, 
or assist in, or knowingly permit the same, unless such corporation 
or association has complied with the provisions of the laws of this 
State applicable to the same, he shall be deemed guilty of a mis- 
demeanor, and, upon conviction thereof, shall be fined not less than 
$50 nor more than $1,000, or [be | imprisoned in the county jail not 
less than thirty days nor more than one year, or both, in the dis- 
cretion of the court. 

§ 17. All laws or part of laws in conflict with this act are here- 
by repealed. 

Appeoved June 18, 1883. 



JUDGMENT AND EXECUTION. 



SHARES OF STOCK. 

§ 1. Amends section 52, act 1572, by making shares of stock held as collateral liable to- 
execution in excess of the amount for which they may be pledged. 

An Act to amend section fifty-two (52) of an net entitled "An act in 
regard to judgments and decrees, and the manner of enforcing the 
same by execution, and to p>rovide for the redemption of real estate 
sold under execution or decree," approved March 22, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section fifty-two of an act 
entitled "An act in regard to judgments and decrees, and the man- 
ner of enforcing the same by execution, and to provide for the re- 



JURORS. Ill 



demption of real estate sold under execution or decree," approved 
March 22, 1872, be, and the same is hereby amended to read as 
follows : 

"Sec. 52. The share or interest of a stockholder in any corporation 
may be taken on execution, and sold as hereinafter provided ; but 
in all cases, where such share or interest has been sold or pledged 
in good faith for a valuable consideration, and the certificate thereof 
has been delivered upon such sale or pledge, such share or interest 
shall not be liable to be taken on execution against the vendor or 
pledgor, except for the excess of the value thereof over and above 
the sum for which the same may have been pledged and the cer- 
tificate thereof delivered." 

Approved June 22, 1883. 



JURORS. 



SERVICE OF SUMMONS. 

§ 1. In serving jurors by copy of summons, it is only necessary to insert in the summons- 
the name of the juror served. Amends section 11, act 1874. 

An Act to amend section eleven (11) of an act entitled "An act con- 
cerning jurors, and the repeal of certain acts therein named," ap- 
proved and in force February 11, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section eleven (11) of an 
act entitled "An act concerning jurors, and the repeal of certain 
acts therein named," approved and in force February 11, 1874, he 
and it is hereby amended so as to read as follows : 

"Sec. 11. It shall be the duty of the sheriff to execute the sum- 
mons by reading the same or delivering a copy thereof to, or at the 
usual place of abode of, each of the persons directed to be sum- 
moned to constitute the jury as aforesaicl, and to make return thereof 
on or before the return clay, to the clerk of the court in which said 
jurors are to serve, with an endorsement thereon, certifying on whom 
it has been executed, and the time when ; and in default of so doing, 
such sheriff or other officer shall be considered as guilty of a con- 
tempt, and may be fined, for the use of the proper county, in any 
sum not less than $10 nor more than $2„0; and it shall be the 
duty of the court, upon the return of such summons, to inquire 
into the cause of any failure to serve any such juror, and unless 
he shall find that the sheriff has used proper diligence to serve 
such juror, he shall inflict the fine aforesaid. In a copy of said 
summons it shall not be necessary to enter the names and res- 



112 LIBKAE1BS. 



idences of all the jurors, but shall be sufficient to recite the name 
and residence of the person to be served by such copy, and adding 
thereto : 'among others, as set forth in the original summons.' ' : 

Approved June 23, 1883. 



LIBRABIES. 



1. Amends section 1 of act 1872, by in- 
creasing annual tax in cities of 
over 100, 000 inhabitants to one-half 
mill on the dollar. 



§ 2. Emergency. 



An Act to amend section one (1) of "An act to authorize cities, in- 
corporated towns and toivnships to establish and maintain free pub- 
lic libraries and reading rooms,'" approved 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 one (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, be amended so that the same shall read as 
follows : 

"Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That the city council of each in- 
corporated city shall have the power to establish and maintain a 
public library and reading room for the use and benefit of the in- 
habitants 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-half of a mill on a dollar 
annually, on all the taxable property in the city ; 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 taxes in cities of over one hundred thousand inhabitants, 
shall not be included in the aggregate amount of taxes as limited 
by section one (1) of article eight (8) of 'An act for the incorpora- 
tion of cities and villages,' approved April 10, 1882." 

§ 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 20, 1883. 



MINES AND MINING. 



113 



MINES AND MINING. 



WEIGHING COAL AT MINES. 



§ 1. Mine owners and operators requir- 
ed to provide track scales, when 
practicable, and platform scales 
in other cases. 



§ 2. All coal produced shall be we'ghed 
in such scales, and the weislit 
shall determine the basis for 
wages of miners. 



An Act to provide for the weighing of coal at the mines. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the owner, agent or operator 
of each and every coal mine or colliery in this State shall furnish, 
or cause to be furnished, and placed upon the switch or railroad 
track adjacent to said coal mine or colliery, a "track scale" of 
standard manufacture, and shall weigh all coal hoisted from said 
mine or colliery before or at the time of being loaded on cars, wa- 
gons, or other vehicle of transportation : Provided, that in cases 
where track scales cannot be used, or the product of such mine or 
colliery will not justify the expense of a track scale, the owner, 
agenl; or operator of same shall be permitted to furnish (in lieu of 
a track scale) a platform scale of sufficient capacity to weigh each 
box as it is hoisted from such mine or colliery. 

§ 2. All coal produced in this State shall be weighed on the 
scales as above provided ; and the weight so determined shall be 
considered the basis upon which the wages of persons mining said 
coal shall be computed. 

§ 3. It shall be lawful for the miners employed in any coal mine 
or colliery in this State, to furnish a check weigher at their own 
expense, whose duty it shall be to balance said scales and see that 
the coal is properly weighed, and keep a correct account of same, and 
for this purpose he shall have access at all times to the "beam box" 
of said scale while such weighing is being performed. That the agent 
employed by persons mining coal, to act as check weighman, shall 
be an employe in the mines where the coal to be weighed was pro- 
duced, [and] a citizen of the State and county wherein the mine is 
situated. He shall, on application to the owner, agent or operator 
of the mine producing the coal to be weighed, be furnished with a 
written permit, that Jjshall entitle him to enter and remain in the 
room or place where the accounting by him of the weights of coal 
is to be done, and the said permit shall not be transferable : Pro- 
vided, that the provisions of this act shall apply only to coal miners 
doing business on and shipping coal by railroad or by water. 

§ 4. Any person, owner or agent, operating a coal mine or col- 
liery in this State, who shall fail to comply with the provisions of 
this act, or any person who shall obstruct or hinder the carrying 
out of its requirements, shall be deemed guilty of a misdemeanor, 
and punished accordingly. 

Approved June 14, 1883. 



114 



MINES AND MINING. 



HEALTH AND SAFETY OF MINERS. 



§ 1. Amends section 1, act 1879, by adding 
the proviso concerning emitting of 
smoke from furnace into slopn or 
shaft, and adds sections 18 and 19. 

§ .18. Fire-proof buildings and hoisting 
apparatus at mouth of shaft— pen- 
alties for violation. 



§ 19. Miners shall use copper needles and 
copper-tipped tamping bars for 
preparing blasts — penalties for 
violation. 



An Act to amend section four (4) of "An act providing for the health 
and safety of persons employed in coal mines," and to further 
amend said act by adding thereto sections to he numbered eighteen 
(18) and nineteen (19), approved May 28, 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 four (4) of an act 
entitled "An act providing for the health and safety of persons em- 
ployed in coal mines," be and is hereby amended to read as follows, 
and that said act be and is hereby amended by adding thereto the 
following sections, numbered eighteen (18) and nineteen (19) : 

"Sec. 4. The owner, agent or operator of every coal mine, whether 
operated by shaft, slope or drift, shall provide and maintain for 
every such mine a sufficient amount of ventilation, to be determined 
by the inspector, at the rate of one hundred cubic feet of air per 
man per minute, measured at the foot of the down cast, which 
shall be forced and circulated to the face of every working place 
throughout the mine, so that said mine shall be free from standing 
gas of whatsoever kind ; and in all mines where fire-damp is gene- 
rated, every working place where such fire-damp is known to exist 
shall be examined every morning with a safety lamp, by a compe- 
tent person, before any other persons are allowed to enter. The 
ventilation required by this section may be produced by any suitable 
appliances, but in case a furnace shall be used for ventilating 
purposes, it shall be built in such a manner as to prevent the com- 
munication of fire to any part of the works, by lining the up-cast 
with incombustible material for a sufficient distance up from said 
furnace : Provided, it shall not be lawful to use a furnace for ven- 
tilating purposes, or for any other purpose, that shall emit smoke 
into any compartment constructed in or adjoining any coal hoist- 
ing shaft or slope, where the hoisting shaft or slope is the only 
means provided for the ingress or egress of persons employed in 
said coal mines. That it shall be unlawful where there is but one 
means of ingress and egress provided at a coal shaft or slope, to 
construct and use a ventilating furnace that shall emit smoke into 
a shaft as an up-cast, where the shaft or slope used as a means 
of ingress and egress by persons employed in said coal mines is the 
only means provided for furnishing air to persons employed therein." 

Sec. 18. (Buildings to be sided and covered with fire-proof materials.) 
That all mines hoisting coal by steam power from shaft or slope, having 
no other means of ingress or egress than that afforded to persons 
employed therein than by said shaft or slope, shall, within ninety 



MINES AND MINING. 115 



days after July the first, A. D. 1883, have all engine and boiler- 
houses roofed and sided with fire-proof materials, and they shall 
be situated not less than fifty feet from the mouth of the said 
shaft or slope ; that the hoisting derricks erected over said hoisting 
shaft or near said slope, if inclosed, and all the coal chutes, build- 
ings and constructions within a radius of fifty feet of the mouth of 
the said hoisting shaft or slope, shall be covered and sided with fire- 
proof materials, and the person in charge, the owners or operators 
thereof, shall provide a steam pump and have the same conveni- 
ently situated, and a sufficient supply of water and hose, always 
ready for use in any part of the buildings, chutes or constructions 
within a radius of fifty feet of said coal-hoisting shaft or slope ; and 
if the person in charge of any such coal shaft or slope shall refuse 
or neglect to comply with the provisions of this act, then the in- 
spector of coal mines for the county in which the said shafts or 
slope are situated shall proceed, through the State's attorney of his 
county, or any attorney, in case of his refusal to act, acting in 
the name and on behalf of the State, against the owner, agent or 
operator of said shaft or slope, by information without bond, after 
giving at least two days' notice to such owner, agent or operator ; i 
and the said owner, agent or operator shall have the right to ap- 
pear before the judge or master to whom the application is made, 
who shall hear the same on affidavits, and such other testimony as 
may be offered, in support as well as in opposition thereto; and if 
it be found that the owner, agent or operator of said shaft or slope 
has refused or neglected to comply with the provisions of this act, 
the court, or judge in vacation, by order, shall prohibit the further 
working of any such coal shaft or slope until the owner, agent or 
operator shall have complied with the terms of this act. 

Sec. 19. That all miners and employes engaged in mining coal shall 
use copper needles, in preparing [blasts in coal, and not less than 
five (5) inches of copper on the end of all iron bars used for tamp- 
ing blasts of powder in coal, and the use of iron needles, and iron 
tamping bars, not tipped with five inches of copper, is hereby declared 
to be unlawful. Any failure on the part of a coal miner, or an em- 
ploye in any coal mine, to conform to the terms and requirements 
of this act shall subject such miner or employe to a flue of not less 
than five dollars, nor more than twenty-five dollars with costs of 
prosecution, for each offense, to be recovered by civil suit, before 
any justice of the peace, said fines, when collected, to be paid into 
the treasury of the county where the offense was committed, to 
the credit of the fund provided for the payment of the county in- 
spector of mines. 

Appeoved June 21, 1883. 



11G 



MINES AND MINING. 



HEALTH AND SAFETY OF MINERS. 



§ 1. Amends See. 1 act 1879 by requiring 
all mine owners or operators to 
make maps of mine— inspectors 
required to furnish copy of maps 
or plans of mines, to be filed with 
the Bureau of Labor Statistics. 

Amends Sec. 3 by making it apply 
to all mines, and|further prescrib- 
ing the manner of constructing 
roadways and escapement 
shafts. 

Amends Sec. 6 by changing the 
minimum age of children em- 
ployed in mines to 14 years. 

Amends Sec. 9 by making it apply 
to district instead of county in- 
spectors. 



Amends Sec. 11 by substituting a 
new section dividing the State 
into inspection districts, provid- 
ing for the appointment of a 
board of examiners and the ap- 
pointment of inspectors, fixing 
their salaries and for the ap- 
pointment of assistant inspec- 
tors. 
Amends Sec. 12 by providing that 
reports of inspectors shall be 
made to the Bureau of Labor 
Statistics— empowering said Bu- 
reau '.o investigate charges of 
incompetency and misdemean- 
ors on the part of inspectors, and 
upon conviction to vacate the 
office — provides for the compen- 
sation of examining boards. 



An Act to amend sections one (1), three (3), six (6), nine (c), eleven 
(11), and twelve (12), of an act entitled "An act providing for the 
health and safety of persons employed in coal mines, " approved 
May 28f/i, 1879, in force July 1st, 1879, and making the necessary 
appropriations for ^carrying out the provisions of the same. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections one (1), three 
(3), six (6), nine (9), eleven (11), and twelve (12) of an act entitled 
"An act providing for the health and safety of persons employed in 
coal mines," approved May 26th, 1879, in force July 1st, 187;?, tie 
amended so as to read as follows : 

"Section 1. That the owner, or agent, or operator of each and 
every coal mine in this State, shall make, or cause to be made, at 
the discretion of the inspector, or person acting in that capacity, an 
accurate map or plan of the workings of such coal mine, and of 
each and every vein thereof, showing the general inclination of the 
strata, together with any material deflections in said workings, 
and the boundary lines of said coal mines, and deposit a true copy 
of said map or plan with the inspector of coal mines, to be tiled in 
his office, and another true copy of said map or plan with the re- 
corder of the county in which said coal mine is situated, to be filed 
in his office, both of which said copies shall be deposited as afore- 
said within three (3) months from the day when this act shall go 
into effect : and the original, or a copy of such map or plan, shall 
also be kept for inspection at the office of such coal mine ; and 
during the month of January, of each and every year after this act 
shall go into effect, the said owner, agent or operator shall furnish 
the inspector and recorder, as aforesaid, with a statement and further 
map or plan of the progress of the workings of such coal mine, con- 
tinued from the last report to the end of the December month just 
preceding; and the inspector shall correct his map or plan of said 
workings in accordance with the statement and map or plan thus 
furnished ; and when any coal mine is worked out or abandoned, that 
fact shall be reported to the inspector, and the map or plan of such 
coal mine in the office of said inspector shall be carefully corrected 
and verified. The several coal mine inspectors in this State shall 



MINES AND MINING. 117 



furnish copies of all maps or plans of mines to be filed with the 
Bureau of Labor Statistics. 

"Sec. 3. In all coal mines that are or have been in operation prior 
to the first day of July, in the year of our Lord 1879, and which are 
worked by or through a shaft, slope or drift, if there is not already 
an escapement shaft to each and every said coal mine, or communi- 
cation between each and every coal mine, and some other contig- 
uous mine, then there shall be an escapement shaft or other com- 
munication, such as shall be approved by the mine inspector, 
making at least two distinct means of ingress and egress for all 
persons employed or permitted to work in such coal mine. Such 
escapement shaft or other communication with a contiguous mine as 
aforesaid, shall be constructed in connection with every vein or 
stratum of coal worked in such coal mine, which shall be at least 
three and' one-half feet high and at least five feet wide, and in no 
instance shall the heighth of said roadway be less than the thick- 
ness of the vein or stratum of coal through which it is driven ; and 
the time to be allowed for such construction shall be one year when 
such mine is under one hundred (100) feet in depth; two years when 
such mine is over one hundred (100) feet in depth and under three 
hundred (3C0) feet, and three years when it is over three hundred 
(300) feet and under four hundred (400) feet, and four years when 
it is over four hundred (400) feet in depth, and five years for all 
mines over five hundred (500) feet, from the first day of July, A. D. 
1879; and in all cases where the working force of one mine has been 
driven up to or into the workings of another mine, the respective 
owners of such mine, while operating the same, shall keep open a 
roadway at least five feet high and five feet wide, thereby forming 
a communication as contemplated in this act ; and for a failure to 
do so shall be subject to the penalty provided for in section 10 of 
this act, for each and every day such roadway is unnecessarily closed ; 
each and every such escapement shaft shall be separated from the 
main shaft by such extent of natural strata as shall secure safety to 
the men employed in such mines, such distance to be left to the 
discretion of the mine inspector or person acting in that capacity, 
and in all coal mines that shall go into operation for the first time 
after the first day of January, A. D. 1880. And in all cases where 
such mine or mines shall hereafter be put in operation in this State, 
the owner thereof or the lessee or occupant of the same shall con- 
struct such an escapement shaft as is now required by law in this 
State, at the rate of two hundred feet per annum, until such escape- 
ment shaft shall have been fully completed: And provided, further, 
that nothing in this section shall be construed to extend the time 
heretofore allowed by law for constructing escapement shafts in 
mines going into operation for the first time before said first day of 
January, A. D. 18S0. 

"Sec. 6. The owner, agent or operator of every coal mine operated 
by shaft shall provide suitable means of signaling between the bot- 
tom and top thereof, and shall also provide safe means of hoisting 
and lowering persons in a cage covered with boiler iron, so as to 
keep safe, as far as possible, persons descending into and ascending- 
out of such shaft ; and such cage shall be furnished with guides to 



118 M NES AND MINING. 



conduct it on slides through such shaft, with a sufficient brake on 
every drum to prevent accident in case of the giving out or breaking 
of the machinery; and such cage shall be furnished with spring 
catches intended and provided, as far as possible, to prevent the 
consequences of cable- breaking or the loosening or disconnecting of 
the machinery; and no props or rails shall be lowered in a cage 
while men are descending into or ascending out of said mine : Pro- 
vided, that the provisions of this section in relating to covering cages 
with boiler iron, shall not apply to coal mines less than one hun- 
dred (110) feet in depth, where the coal is raised by horse-power. 
No person under the age of fourteen years, or females of any age, 
shall be permitted to enter any mine to work therein. Any party 
or person neglecting or refusing to perform the duties required to 
be performed by sections three (3), four (-1), five (-:), six (6), seven 
(7) and eight (8), shall be deemed guilty of a misdemeanor, and 
punished by fine in the discretion of the court trying the same, 
subject, however, to the limitations as provided by section ten of 
this act. 

"Sec. 9. Whenever loss of life, or serious personal injury, shall occur 
by reason of any explosion, or of any accident whatsoever, in or 
about any coal mine, it shall be the duty of the person having 
charge of such coal mine, to report the facts thereof, without delay, 
to the mine inspector of the district in which said coal mine is situ- 
ated ; and if any person is killed thereby, to notify the coroner of 
the county also, or, in his absence or inability to act, any justice of 
the peace of said county ; and the said inspector shall, if he deem 
it necessary from the facts reported, immediately go to the scene of 
said accident, and make such suggestions and render such assistance 
as he may deem necessary for the safety of the men. And the 
inspector shall investigate and ascertain the cause of such explosion 
or accident, and make a report thereof, which he shall preserve with 
the other records of his office ; and to enable him to make such in- 
vestigations he shall have the power to compel the attendance of 
witnesses, and administer oaths or affirmations to them, and the 
cost of such investigations shall he paid by the county in which 
such accident has occurred, in the same manner as costs of coroners' 
inquests are now paid. And the failure of the person in charge of 
the coal mine in which ^any such accident may have occurred, to 
give notice to the inspector or coroner, as provided for in this sec- 
tion, shall subject such person to a fine of not less than twenty- 
five dollars ($_f ), nor more than one hundred dollars ($100), to be 
recovered in the name of the People of the State of Illinois, before 
any justice of the peace of such county, and such fine, when col- 
lected, shall be paid into the county treasury for the use of the county 
in which any such accident may have occurred. 

"Sec. 11. This State shall be divided into five inspection districts, 
as follows, viz : The first district shall be composed of the counties 
of Boone, McHenry, Lake, DeKalb, Kane, DuPage, Cook, LaSalle, 
Kendall, Grundy, Will, Livingston, Kankakee and Iroquois. Second 
district, the counties of JoDaviess, Stephenson, Winnebago, Carroll, 
Ogle, Whiteside, Lee, Eock Island, Henry, Bureau, Mercer, Stark, 
Putnam, Marshall, Henderson, Warren, Knox^Hancock, McDonough, 



MINES AND MINING. 119 



Schuyler, Adams and Brown. The third district, the counties of 
Fulton, Peoria, Woodford, Tazewell, McLean, Ford, Mason, Cass, 
Menard, Logan, DeWitt, Piatt, Champaign and Vermilion. The 
fourth district, the counties of Pike, Scott, Morgan, Sangamon, 
Calhoun, Greene, Jersey, Madison, Bond, Macoupin, Montgom- 
ery, Christian, Fayette, Macon, Moultrie, Shelby, Effingham, Doug- 
las, Coles, Cumberland, Jasper, Edgar, Clark, Crawford, Clay, 
Bichland and Lawrence. The fifth district, the counties of St. 
Clair, Clinton, Washington, Marion, Jefferson, Wayne, Edwards, 
Wabash, Hamilton, White, Monroe, Bandolph, Perry, Jackson, 
Franklin, Williamson, Saline, Gallatin, Union, Johnson, Pope, 
Hardin, Alexander, Pulaski and Massac. The Governor shall, 
upon the recommendation of a board of examiners selected for 
that purpose, composed of two practical coal miners, two coal oper- 
ators, and one mining engineer, to be appointed by the Bureau of 
Labor Statistics of this State, all of whom shall be sworn to a 
faithful discharge of their duties, appoint five properly qualified 
persons to fill the offices of inspectors of coal mines of this State, 
(being one inspector for each district provided for in this act,) 
whose commissions shall be for the term of one year, but they 
shall at all times be subject to removal from office for neglect 
of duty, or malfeasance in the discharge of duty, as hereinafter 
provided for ; and the inspectors so appointed shall have attained 
the age of thirty years, be citizens of this State, and have a knowl- 
edge of mining engineering sufficient to conduct the development of 
coal mines, and a practical knowledge of the methods of conducting 
mining for coal in the presence of explosive gases, and of the pro- 
per ventilation of coal mines. They shall have had a practical 
mining experience of ten years, and shall not be interested as 
owner, operator, stockholder, superintendent or mining engineer of 
any coal mine during their term of office, and shall be of good 
moral character and temperate habits, and shall not be guilty of 
any act tending to the injury of miners or operators of mines 
during their term of office. They shall be provided by the State 
with the most approved modern instruments for carrying out the 
intentions of this act. The inspectors, before assaming the duties 
of their several offices, shall take an oath of office as provided 
for by the constitution, and shall be required to enter into a bond 
to the State in the sum of five thousand dollars ($5,000), with sureties 
to be approved by the Governor, conditioned upon the faithful per- 
formance of their duties in every particular, as required by this 
act ; said bond, with the approval of the Governor endorsed thereon, 
together with the oath of office, shall be deposited with the Sec- 
retary of State. The salaries of the inspectors provided for by 
this act shall be eighteen hundred dollars ($1,800) per annum, 
each, and the Auditor of Public Accounts is hereby authorized to 
draw his warrant on the treasury in their favor, quarterly, for 
the amount specified in this section for the salary of each inspector : 
Provided, that the county board of any county may appoint an 
assistant inspector for such county, who shall act under the direc- 
tion of the district inspector in the performance of his duties, and 
shall receive not less than three dollars ($3) nor more than five 



120 MINES AND MINING. 



dollars ($5) per day, for the time actually employed, to be paid 
out of the county treasury; and he may be removed by such 
county board at any time. 

"Sec. 12. The inspectors provided for by this act shall devote their 
whole time and attention to the duties of their office, and make 
personal examination of every mine within their respective districts, 
and shall see that every necessary precaution is taken to insure 
the health and safety of the workmen employed in such mines, and 
that the provisions and requirements of the mining laws of this 
State are faithfully observed and obeyed, and the penalties of 
same enforced. They shall also make annual reports to the Bureau 
of Labor Statistics of their acts during the year in the discharge of 
their duties, with the recommendations as to legislation necessary 
on the subject of mining, and shall collect and tabulate upon 
blanks furnished by said Bureau all desired statistics of the mines 
and miners within their districts, to accompany said annual report ; 
they shall also furnish such information as they may have ob- 
tained on this subject, when called for, to the State Geologist. Upon 
a petition signed by not less than three reputable coal operators, 
or ten coal miners, setting forth that any inspector of coal mines 
neglects his duties, or that he is incompetent, or that he is guilty 
of malfeasance in office, or guilty of any act tending to the injury of 
miners or operators of mines, it may be lawful for the Bureau of 
Labor Statistics of this State to issue a citation to the said in- 
spector to^ appear at no less than fifteen days' notice, on a day fixed, 
before them, when the said Bureau shall proceed to inquiie into and 
investigate the allegations of the petitioners ; and if the said Bureau 
find that the said inspector is neglectful of his duty, or that he is 
by reason of causes that existed before his appoint ment, or that 
have arisen since his appointment, incompetent to perform the 
duties of said office, or that he is guilty of malfeasance in office, 
or guilty of any act tending to the injury of miners or operators 
of mines, the said Bureau shall declare the office of inspector of the 
said district vacant, and a properly qualified person shall be ap- 
pointed to fill the office in compliance with the provisions of this 
act ; and the cost of said investigation by the said Bureau shall be 
borne by the removed inspector; but if the allegations of the 
petitioners are not sustained by the final decision of said Bureau, 
the costs shall be paid by the petitioners. The board of examin- 
ers provided for in section eleven of this act, shall be appointed at 
the annual meeting of the Bureau of Labor Statistics, and shall 
hold their offices one year. They shall meet annually at the 
State capital on the first Monday in September, in each year, and 
special meetings may be called at anytime by the Bureau of Labor 
Statistics when the office of coal mine inspector becomes from any 
cause vacant. They shall receive as compensation the sum of three 
dollars ($3) per day, each, for time actually employed in the duties 
of their office, and actual traveling expenses, to be verified by affi- 
davit : Provided, that in no case shall the per diem received by any 
member of said board exceed the sum of thirty dollars ($30) per 
annum. The Auditor of Public Accounts is hereby authorized to 
draw his warrant in favor of each member of the board of exam- 



MUNICIPAL COKPORATIONS. 121 



iners at the close of their annual session, for the full amount 
due them for attending annual and special sessions, and expenses, 
upon vouchers sworn to by them and approved by the Secretary 
of the Bureau of Labor Statistics, and the Governor." 

Approved June 18, 1883. 



MUNICIPAL COKPOKATIONS. 



BOND FUND. 

§ 1. Surplus in State Treasury to credit § 3. Emergency. 

of fifnds authorized to be drawn. 
§ 2-. Prescribes the manner in which 

balance shall be refunded. 

An Act making provision for the refunding of surplus funds that are 
now or hereafter may be in State treasury, to the credit of the 
bond funds of counties, townships, cities, toivns, school districts and 
other municipal corporations, having bonds registered in the office 
of the Auditor of Public Accounts, when such bonds have been 
paid and cancelled. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever all the bonds 
of any county, township, city, town, school district or other muni- 
cipal corporation, that may have been registered, in pursuance of 
law, in the office of the Auditor of Public Accounts, have been paid, 
and cancelled upon the records of said Auditor, and there remains 
in State treasury after said payment, any balance to the credit of 
the bond fund of such county, township, city, town, school district 
or other municipal corporation, it shall be the duty of the Auditor 
of Public Accounts, on receipt of certified copy of resolution as pro- 
vided for in section two (2) of this act, to draw his warrant upon 
the State Treasurer for the amount of said balance, who is hereby 
authorized to pay same out of the proper fund. 

§ 2. Before any warrant can be drawn for balance in State 
treasury to the credit of the bond fund of any county, township, 
city, town, school district or other municipal corporation, it will be 
necessary for the corporate authorities of such county, township, 
city, town, school district or other municipal corporation, to pass a 
resolution requesting the Auditor of Public Accounts to issue his 
warrant upon State Treasurer for the amount of said balance, pay- 
able to the order of the proper custodian of funds of said county, 
township, city, town, school district or other municipal corporation, 
who shall be named in said resolution, and to have a certified copy 
of same furnished said Auditor. 



122 MUNICIPAL CORPORATIONS. 



§ 3. Whereas, large sums of money are now idle in the State 
treasury which ought to be paid back to the municipalities to whose 
credit the same stand, and there is at present no provision of law 
for such payment, therefore an emergency exists, and this act shall 
take effect and be in force from and after its passage. 

Approved June 14, 1883. 



RAILROAD AID BONDS. 

§ 1. Amends the act of 1877 by extending the time until 1883, and by adding the last pro- 
viso concerning the revival of aid voted. 

An Act to amend an act entitled "An act to limit and determine the 
time for which counties, cities, townships, towns and precincts in 
this State shall he liable and holden to issue aid for the building 
of any railroad in pursuance of any vote taken in conformity to the 
laws of this State," approved May 29, 1877, in force July I, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That an act entitled ''An act to 
amend an act entitled 'An act to limit and determine the time for 
which counties, cities, townships, towns and precincts in this State 
shall be liable and holden to issue aid for the building of any rail- 
road in pursuance of any vote taken in conformity to the laws of 
this State,' approved May 29, 1877, in force July 1, 1877," be 
amended, so as to read as follows : 

"That the liability of all counties, cities, townships, towns or pre- 
cincts which have voted aid or donations to or subscriptions to the 
capital stock of any railroad company in conformity to the laws of 
this State, for the building, or in aid of the building of any rail- 
road to, into, through or near such county, city, township, town or 
precinct, to issue such voted aid, shall cease and determine upon 
and after the first day of September, A. D. 1883 ; and no bonds 
shall be issued or stock subscribed to any such railroad company 
after that date upon account of, or upon the authority of such vote : 
Provided, this act shall not apply in any case where the express 
conditions of the vote for such aid shall extend the time for the 
building of such railroad beyond the said date : And, it is further 
provided, that this act shall not apply in any case where any rail- 
road shall have been built, or shall, before said date, be built in 
accordance with the conditions of the vote for aid to such railroad : 
And, it is further provided, that this act shall not apply to any case 
where such aid shall have been deposited, or shall, before said date, 
be deposited with any trustee or trustees, upon written or printed 
conditions, to be delivered to said railroad company at some future 
time : Provided, further, that this act shall not be construed so as 
to require any county, city, township, town or precinct to issue, pay, 
or deliver any such aid or bonds where the same may. have been 
voted and subscribed upon any condition or conditions which shall 



NAVIGABLE STREAMS — PENITENTIARIES. 123 



not be complied with within the time expressed in the notice of 
election, proceedings or vote authorizing such aid to be paid or 
given : Provided, further, this act shall not be construed to revive 
the right of any railroad company to have any subscription for stock 
made, or bonds issued, where such subscription has not been actu- 
ally and formally made and entered on the subscription books of 
the company by the proper municipal officer before the passage of 
this act, but shall revive only such aid as may have been voted by 
w r ay of donation." 

§ 2. Each and every act contrary to the provisions of section 1 
of this act, is hereby repealed. 

Approved June 22, 1883. 



NAVIGABLE STREAMS. 

SALINE RIVER. 

§ 1. Act 1849, declaring navigable, repealed. 

An Act to repeal an act entitled "An act declaring the Saline river 
navigable in Saline county," approved January 25, 1849, and in 
force from and after its passage. 

Section 1. Be it enacted by the People of the State of Illinois; 
represented in the General Assembly: That an act entitled "An act 
declaring the Saline river navigable in Saline county," approved 
January 25, 1849, and in force from and after its passage, be and 
the same is hereby repealed. 

Approved June 18, 18S3. 



PENITENTIARIES. 

JOLIET. 
§ 1. Commissioners authorized to sell lot in Nebraska City, Nebraska. 

An Act to authorize the commissioners of Joliet Penitentiary to sell and 
convey certain real estate. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the commissioners of the 
Joliet Penitentiary are authorized and empowered to sell and con- 
vey lot number four (4), in block number one hundred and four 
(101), in the original survey and recorded plat of Nebraska City, 
Otoe county, State of Nebraska. 

Approved June 21, 1833. 



124 



RAILROADS. 



EAILEOADS. 



CONSOLIDATION. 



Railroads owned partly in this State 
and partly in adjoining States by 
the same corporation may consol- 
idate upon sixty days' notice being 
given stockholders — companies 
owning parallel or competing lines 
prohibited. 



§ 2. Certificate of consolidation to be 
filed in the office of the Secretary 
of State, and in the Recorder's 
offices in counties. 

§ 3. General offices of consolidated com- 
panies to be kept in this State- 
rights reserved. 

An Act to provide for the consolidation of certain railroad corporations. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: Whenever any railroad which 
is situated partly in this State, and partly in one or more other 
States, and heretofore owned by a corporation formed by consolida- 
tion of railroad corporations of this and other States, has been sold 
pursuant to the decree of any court or courts of competent juris- 
diction, and the same has been purchased as an entirety, and is 
now, or hereafter may be, held in the name or as the property of 
two or more corporations incorporated respectively under the laws 
of two or more of the States in which said railroad is situated, it 
shall be lawful for the corporation so created in this State to con- 
solidate its property, franchises and capital stock with the property, 
franchises and capital stock of the corporation or corporations of 
such other State or States in which the remainder of such railroad 
is situated, and upon such terms as may be agreed upon between 
the directors, and approved by the stockholders owning not less 
than two-thirds in amount of the capital stock of cuch corporations. 
Such approval may be given by the stockholders of such corporation 
of this State at any time, in writing or by vote, at any aunual or 
special meeting, upon sixty days' notice given by publication in any 
newspaper published in the county where the general office of such 
company is situated, and such meeting is to be held: Provided, 
that no consolidation shall take place with any railroad owning a 
parallel or competing line; and a majority of the directors of such 
consolidated company shall be citizens and residents of this State; 
and where the line of the road of the original company has been 
located in this State, and aid in the construction thereof voted by 
any municipality by way of subscription or donation, and received 
by the company, and the road as so located not yet completed, then 
ttie consolidated company shall have no power or right to change 
such line as so located so as to make the same substantially dif- 
ferent from the line so located at the time the aid was voted. 

§ 2. Such consolidation shall take effect upon the filing and 
recording of such articles of consolidation in the office of the Secre- 
tary of State of the State of Illinois, and a certified copy thereof 
in the office of the recorder of the various counties in which said 
railroad is situated. A certified copy of such articles of consolida- 
tion, under seal of the Secretary of State, shall be deemed and 
taken to be prima facie evidence of the existence of such consoli- 
dated corporation. 



RAILROADS. 125 



§ 3. Such consolidated corporation shall, at all times, keep a 
general office within this State, at which shall be kept a complete 
list of all stockholders of such corporation, their places of residence, 
the amount of stock owned by each, and where the stock of such 
corporation may be registered and transferred : Provided, that 
nothing contained in this bill shall be construed to impair or affect 
the rights of any party holding unsettled claims against any of the 
corporations to be consolidated. 

Approved June 14, 1883. 



PASSENGER DEPOTS OPENED. 

§ 1. Amends section 22, act 1874, relating to fencing and operating railroads, by requiring 
railroad companies to keep depots open, lighted and warmed one-half hour before 
and after departure of passenger trains. 

Amends section 23 by prescribing penalties for violation of this provision of law. 

An Act to amend sections twenty-two (22) and twenty-three (23) of an 
act entitled "An act in relation to fencing and operating railroads," 
approved March 31, 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 twenty-two (22) 
and twenty-three (23) of an act entitled "An act in relation to 
fencing and operating railroads," approved March 31, 1874, in force 
July 1, 1874, be amended so as to read as follows : 

"Sec. 22. Every railroad corporation in the State shall furnish, 
start and run cars for the transportation of such passengers and 
property as shall, within a reasonable time previous thereto, be 
ready or be offered for transportation at the several stations on its 
railroads and at the junctions of other railroads, and at such stop- 
ping places as may be established for receiving and discharging 
way passengers and freights ; and shall take, receive, transport and 
discharge such passengers and property, at, from and to such sta- 
tions, junctions and places, on and from all trains advertised to 
stop at the same for passengers and freight, respectively, upon the 
due payment, or tender of payment of tolls, freight or fare legally 
authorized therefor, if payment shall be demanded, and such rail- 
road companies shall at all junctions with other railroads, and at 
all depots where said railroad companies stop their trains regularly 
to receive and discharge passengers in cities and villages, for at 
least one-half hour before the arrival of, and one-half hour after 
the arrival of any passenger train, cause their respective depots to 
be open for the reception of passengers ; said depots to be kept well 
lighted and warmed for the space of time aforesaid. 

"Sec. 23. In case of the refusal of such corporation or railroad 
company, or its agents, to take, receive and transport any person 
or property, or to deliver the same within a reasonable time, at 
their regular or appointed time and place, or to keep their said 
depots open, lighted and warmed according to the provisions of the 



126 RAILROADS. 



preceding section of this act, such corporation or railroad company 
shall pay to the party aggrieved, treble the amount of damages 
sustained thereby, with costs of suit ; and in addition thereto, said 
corporation or railroad company shall forfeit a sum of not less than 
twenty-five dollars, nor more than one thousand dollars for each 
offense, to be recovered in an action of debt, in the name of the 
People of the State of Illinois — the trehle damages for the use of 
the party aggrieved, and the forfeiture for the use of the school 
fund of the county in which the offense is committed." 

Approved June 25, 1883. 



ELEVATED RAILWAYS OR CONVEYORS. 



1. Prohibits the use of any street or alley 
for the purpose of constructing an 
elevated railroad, except upon peti- 
tion of property owners, owning 
more than one-half of the frontage 
proposed to be used. 



§ 2. When more than one mile in extent 
is proposed to be used the petition 
must represent more than one half 
the frontage land-owners or for frac- 
tional parts of a mile. 

§ 3. Repeals conflicting laws. 



An Act in regard to the use of streets and alleys in incorporated cities 
and villages by elevated railroads and elevated ways and con- 
veyors. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That no person or persons, cor- 
poration or corporations, shall construct or maintain any elevated 
railroad or any elevated way or conveyor to be operated by steam 
power, or animal power or any other motive power, along any 
street or alley in any incorporated city or village, except by the 
permission of the city council or board of trustees of such city or 
village, granted upon a petition of the owners of the lands repre- 
senting more than one half of the frontage of the street or alley, or 
of so much thereof as is sought to be used for such elevated rail- 
road or elevated way or conveyor ; and the city council, or board 
of trustees, shall have no power to grant permission to use any 
street or alley, or part thereof, for any of the purposes aforesaid, 
except upon such petition of land-owners as is herein provided 
for. 

§ 2. When the street or alley, or part thereof, sought to be used 
for any of the purposes aforesaid, shall be more than one mile in 
extent, no petition of land-owners shall be -valid for the purposes 
of this act, unless the same shall be signed by the owners of the 
land representing more than one-half of the frontage of each mile 
and fractional part of a mile, of such street or alley, or of the part 
thereof sought to be used for any of the purposes aforesaid. 

§ 3. All acts and parts of acts inconsistent herewith are hereby 
repealed. 

Approved June 18, 1883. 



EAILEOADS. 127 



SOUTH EAST AND ST. LOUIS. 



Governor authorized to convey tract | § 2. Emergency, 
of land. 



An Act to authorize the Governor of the State of Illinois to convey to 
the South East and St. Louis Railway Company a fraction of 
land conveyed to the State of Illinois by John Crenshaiv, for 
railroad purposes, in the year 18S8. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Governor is hereby 
authorized and required to convey to the South East and St. Louis 
Eailway Company a certain fraction of land conveyed to the State of 
Illinois by John Crenshaw for railroad purposes, in Gallatin county, 
Illinois, described as follows : All those parts of the north fractional 
part of the northeast quarter of the northeast quarter of section 
number twenty (20), and the fractional part of the south 
half of the east half of the southeast quarter of section seven- 
teen, in township nine (9), range eight (8) east, as established 
by the Surveyor General of the United States, as contained in the 
following described boundaries, to-wit : Commencing at a stake 
corner, at low water mark, on the north side of Saline Creek 
thirty (30) feet easterly, or clown the creek, from center of William 
Hick's bridge; thence down Saline Creek along the low water mark 
one hundred and thirty-five (135) feet to a corner stone ; thence 
north twenty (20) degrees west to a stake corner, seventy-five (75) 
feet beyond and past the corner of the Alton and Shawneetown 
Eailroad line, at right angles with said line ; thence south seventy 
(70) degrees ; west, parallel with the railroad track, one hundred 
and thirty-five (135) feet to the east side ol the public highway 
leading from said bridge to Equality; thence down along the border 
of said tract or highway to low water mark, the place of beginning. 
Forty-five (45) feet of the northeast side of said lots are to be ap- 
propriated as a public highway forever, containing one acre more 
or less of ground. And that said South East and St. Louis Eail- 
way Company shall use said lands for the purposes of a passenger 
and freight depot, and stock yards, and none other : Provided, this 
section shall not be construed to deprive said company of such 
right of eminent domain, as now exists by law. 

§ 2. Whereas, it is desirable that the South East and St. Louis 
Eailway Company should have possession to build a depot and stock 
yards on said fraction of land, therefore an emergency exists, and 
this act shall take effect and be in force from and after its pas- 
sage. 

Appkoved June 21, 1S83. 



L28 



RAILROADS. 



STOCK TRANSFER OFFICES. 



§ 1. Transfer offices and books for trans- 
fer and list of stockholders shall 
be kspt in this State. 

§ 2. Penalties for failure to comply with 
this law. 

§ 3. Actions for recovery of fines. 



§ 4. Railroad and Warehouse Commis- 
sioners charged with the execu- 
tion of this act, and to prosecute 
for violation. 

§ 5. Fines paid into county treasury for 
county purposes. 



An Act to require railroad corporations to have and maintain a public 
office or place in the State of Illinois where transfers of stock may 
be made, and to enforce the provisions of section nine (9), article 
eleven (11), of the Constitution of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented, in the General Assembly : Each and every railroad cor- 
poration, organized or doing business in this State, under the laws 
or authority thereof, shall have and maintain a public office, or place 
in this State for the transaction of its business, where transfers of 
shares of its stock shall be made by such railroad corporation, upon 
the request of the owner of shares thereof, presenting the certificate 
thereof. Every such railroad corporation shall keep a book in which 
the transfers of shares of its stock shall be registered, and another 
book containing the names of its stockholders, which book shall be 
open to the examination of the stockholders. 

§ 2. Any railroad corporation, organized or doing business in this 
State under the laws or authority thereof, failing to comply with the 
provisions of section one (1), of this act, within ninety (;0) days 
after the taking effect of this act, shall, upon conviction thereof, be 
fined in any sum not less than one thousand dollars ($1,000), nor 
more than two thousand dollars (§2,000). In case any such railroad 
corporation shall fail to comply with the provisions of said section 
one (1), within six months after the taking effect of this act, it shall, 
upon conviction thereof, be fined in any sum not ]ess than two 
thousand dollars ($2,000), nor more than four thousand dollars 
($4,000) ; and for every year after the taking effect of this act, any 
such railroad corporation shall fail to comply with the provisions of 
said section one (1), it shall, upon conviction, be fined not less than 
four thousand dollars ($4,000) : Provided, that in all cases under 
this act either party shall have the right of trial by jury. 

§ 3. The fines hereinbefore provided for, may be recovered in an 
action of debt in the name of the People of the State of Illinois. 

§ 4. It shall be the duty of the Railroad and Warehouse Com- 
missioners to personally investigate and ascertain whether the pro- 
visions of this act are violated by any railroad corporation in this 
State ; and whenever the facts in any manner ascertained by said 
commissioners shall, in their judgment, warrant such prosecution, 
it shall be the duty of said commissioners to immediately cause 
suits to be commenced and prosecuted against any railroad corpor- 
ation which may violate the provisions of this act. Said suits and 
prosecutions may be instituted in any county in this State, through 
or into which the line of the railroad corporation sued for violating 
this act may extend. And such Railroad and Warehouse Commis- 



REVENUE. 129 



sioners are hereby authorized to employ counsel to assist the Attor- 
ney-General in conducting such suit on behalf of the State. No 
such suits commenced by said commissioners shall be dismissed, 
except said Railroad and Warehouse Commissioners and the Attor- 
ney-General shall consent thereto. 

§ 5. All fines recovered under the provisions of this act shall be 
paid into the county treasury of the county in which the suit is 
tried, by the person collecting the same, in the manner now pro- 
vided by law, to be used for county purposes. 



Approved June 18, 1883. 



REVENUE. 



GENERAL levy for state purposes. 



I 1. Levy for revenue fund. § 3. Computation and certificate of rate 

I 2. Levy for school fund. per cent. 

An Act to provide the necessary revenue jor State purposes. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That there shall be raised by levy- 
ing a tax by valuation upon the assessed taxable property in this 
State, for the years A. D. 188 J and 1884, for general State pur- 
poses, to be designated "revenue fund," the following sums, to-wit: 

The sum of one million five hundred thousand dollars ($1;500,G30) 
for the year eighteen hundred and eighty-three, to be levied on the 
assessed taxable property in this State, for the year eighteen hun- 
dred and eighty-three. 

And one million five hunded thousand dollars ($1,500,000) for the 
year eighteen hundred and eighty-four, to be levied on the assessed 
taxable property in this State, for the year eighteen hundred and 
eighty-four. 

§ 2. That there shall also be raised by levying a tax by valua- 
tion upon the assessed taxable property in this State, for the year 
eighteen hundred and eighty-three, to be designated as "State school 
fund," the sum of nine hundred thousand dollars ($900,000). 

And there shall be raised by levying a tax on the assessed taxable 
property of this State, for the year eighteen hundred and eighty- 
four, to be designated as "State school fund," the sum of one mil- 
lion dollars ($l,l00/_00). 

There shall be also placed to the credit of said "State school fund," 
to be used for the year eighteen hundred and eighty-three, the sum 
of one hundred thousand dollars ($100,000) of the balance now re- 
maining in "the State treasury, to the credit of said fund ; said sum 
to be apportioned among the several counties, as provided for by law. 
—9 



130 ROADS, HIGHWAYS AND BRIDGES. 



§ 3. The Governor and Auditor shall annually compute the sepa- 
rate rates per cent, required to produce the above amount, 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 several county clerks the proper rate per cent, 
therefor, and also such different rates for other purposes as are now 
or may hereafter be provided by law to be levied and collected as 
State taxes. And all laws and parts of laws in conflict with this 
act are hereby repealed. 

Approved June 25, 1883. 



ROADS, HIGHWAYS AND BRIDGES. 



COUNTIES UNDER TOWNSHIP ORGANIZATION. 

§ 1. Amends section 107, act 1879, in re- § 2. Emergency, 

gard to contracts between adjoin- 
ing towns, 

An Act to amend section 107 of an act entitled "An act in regard to 
roads and bridges in counties under township o?'ganization, ,, ap- 
proved May 28, 1879, in force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly; That section 107 of an act en- 
titled "An act in regard to roads and bridges in counties under 
township organization," approved May 28, 1879, in force July 1, 18/9, 
is hereby amended so as to read as follows : 

"§ 107. For the purpose of building or keeping in repair such 
bridge or bridges, it shall be lawful for the commissioners of high- 
ways of such adjoining towns, whether they be in the same or dif- 
ferent counties, to enter into joint contracts, and such contracts 
may be enforced in law or equity against such commissioners 
jointly, the same as if entered into by individuals; and such com- 
missioners may be proceeded against jointly by any parties inter- 
ested in such bridge or bridges, for any neglect of duty in reference 
to such bridge or bridges, or for any damages growing out of such 
neglect. Whenever the commissioners of highways of either of such 
adjoining towns shall refuse to enter into such joint contract to 
build and maintain such bridge or bridges, the commissioners of 
the other town shall petition the supervisor of such town to call a 
special town meeting to vote upon the proposition as to whether 
such town shall proceed to build and maintain such bridge or bridges 
at its own expense. Such petition shall be signed by the commission- 
ers in their official capacity, and by at least twenty-five freeholders of 
such town, and shall be filed in the office of the town clerk of such 
town. If such proposed bridge shall require a larger sum of money 
to complete it than is equal to 20 cents on each of one hundred 



ROADS, HIGHWAYS AND BRIDGES. 131 



dollars of a single year's assessment, the proposition to borrow 
money to build such bridge may also be included in the proposition 
to build such bridge. Upon the riling of said petition, the super- 
visor shall order the town clerk, by an instrument in writing to be 
signed by him, to post up in four of the most public phices in said 
town, notices of such special town meeting, which notices shall state 
the object, time and place of meeting, which time shall be not less 
than fifteen days from the time of posting said notices. The voting 
shall be by ballot, and if simply the question as to the building of 
the bridge is submitted, if the voter desires to vote for building the 
bridge, his ballot shall state, "To build a bridge," and if he desires 
to vote against the proposition, his ballot shall state, "Against the 
proposition to build bridge." If the proposition to borrow money to 
build such bridge shall be included in the notice, the maximum 
amount to be borrowed shall be stated in the same, and the voter 
desiring to vote affirmatively shall state on his ballot, "To build 
bridge, and to borrow money to construct the same;" and if he 
desires to vote negatively, his ballot shall state, "Against the prop- 
osition to build bridge, and to borrow money to construct the same." 
Such special town meeting shall be held, and the returns thereof 
made, in the same manner which now is, or hereafter may be pro- 
vided by law, for the holding of other special town meetings. If 
the proposition to build such bridge shall receive a majority of all 
the votes cast at such election, the commissioners shall then have 
the power to contract for the building of such bridge and approaches 
thereto, the same as if the bridge was entirely located in such town, 
and shall have the power to acquire by purchase, lease or gift, any 
bridge already built, suited to their purpose, or any land upon 
which to build the approaches', or may use for the purpose of such 
approaches, any public highway that may lead to the bank of the 
stream where said bridge is to be built, on either side of said stream, 
whether such highway may be within the limits of said town or 
county or not. If a proposition to build such bridge and borrow 
money to build the same shall receive a majority of the votes cast 
at such special town meeting, the supervisor and town clerk, under 
the direction of the commissioners of highways, shall issue from 
time to time, as the work progresses, a sufficient amount in the 
aggregate of the bonds of said town for the purpose of building- 
such bridge and the approaches thereto, or to purchase any bridge 
already built, as the case may be ; said bonds to be of such denom- 
inations, bear such rate of interest, not exceeding eight per cent., 
upon such time, and be disposed of, as the necessities and conven- 
iences of said commissioners may require. Such bonds shall not 
be sold for less than their par value, and such town shall provide' 
for the payment of such bonds and interest by appropriate taxa- 
tion." 

§ 2. As there are now towns in this State in great need of the 
authority to build such bridges, and the people of which desire to 
vote upon the same at the coming April town meeting, therefore 
an emergency exists, and this act shall take effect from and after 
its passage. 

Approved March 29, 1883. 



132 



EOADS, HIGHWAYS AND BRIDGES. 



HARD ROADS. 



§ 2. 
§ 3. 
§ 4. 
5. 



§ I. Provides for special election to vote 
on levying taxes for constructing 
hard roads. 
Form of ballot. 
How taxes shall be levied. 
Extension of tax by clerks. 
Treasurer's bond. 
§ 6. Tax paid to Treasurer — commis- 
sions of Treasurer. 
§ 7. Highway commissioners may em- 
ploy surveyor. 
§ 8. Advertising for proposals. 
§ 9. Specifications. 

§ 10. Letting contracts by commission- 
ers. 



§ 11. Proposals may be rejected— con- 
tractor's bonds. 

§ 12. Estimates on completed work. 

§ 13. Records and report of commission- 
ers. 

§ 14. District roads. 

§ 15. Materials, how procured— condemn 
land— damages. 

§ 16. "Compensation of commissioners 
and surveyors. 

§ 17-18. Proceedings in counties not un- 
der township organization. 

§ 19. All roads constructed under this act 
declared public. 

§ 20. Surplus funds. 



An Act to authorize the construction and maintenance of gravel, rock, 
macadam or other hard roads. 

Section I. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That on the petition of fifty land 
owners, who are legal voters, of any township to the town clerk 
thereof, in counties under township organization, or road districts 
in counties not under township organization, to the county clerk, he 
shall, when giving notice of the time and place for holding the next 
annual town meeting or road district meeting, also give notice that 
a vote will be taken at said election for or against levying a tax 
not to exceed one dollar on each one hundred dollars assessed valu- 
ation of all the taxable property, including railroads, in the town- 
ship or road districts, for the purpose of constructing and maintain- 
ing gravel, rock, macadam or other hard roads ; said petition shall 
state the location and route of the proposed road or roads, not ex- 
ceeding two; and shall also state the rate per cent., not exceeding 
one dollar on each one hundred dollars, and the number of years, 
not exceeding five, for which said tax shall be levied. 

§ 2. The ballots at said election shall contain the following form : 
"For special tax for gravel, rock, macadam or other hard roads," 
"Against special tax for gravel, rock, macadam or other hard 
roads." 

§ 3. If a majority of all the ballots cast at said election shall be 
in favor of said special tax, then it shall be the duty of the com- 
missioners of highways of the township or road district to levy a 
tax in accordance with said vote, and certify the same to the town 
clerk in counties under township _ organization, or to the district 
clerk in counties not under township organization, as the case may 
be, who shall certify the amount voted to the county clerk, who 
shall cause the same to be extended on the tax books for the cur- 
rent year : Provided, that the length of time for which the special 
tax levy shall continue shall not exceed five years, and also the 
road or roads to be improved must be designated in the petition. 
The commissioners may also receive donations in money, labor, 
materials or other valuable things, to aid in the construction of 
said road. 

§ 4. The county clerk, when making out the tax books for the 
State and county tax for the collector, shall extend the special tax 



ROADS, HIGHWAYS AND BRIDGES. l£3 



in separate columns against the tax payer's name or taxable prop- 
erty, as other taxes are extended, which shall be collected the same 
as State and county taxes, and known as the permanent road fund. 

§ 5. The treasurer of said commissioners of highways, before 
receiving any of said fund, shall execute a good and sufficient bond, 
with two or more sureties, to be filed with the town clerk, or board 
of highway commissioners in counties not under township organiza- 
tion, for the benefit of the township, or board of highway commis- 
sioners in counties not under township organization, in double the 
amount that will probably come into his hands. 

§ 6. The tax, when collected, shall be paid to said treasurer as 
fast as collected, except such rate per cent, as shall be allowed for 
collecting the same, and said tax shall be known and kept as the 
permanent road fund. The treasurer shall be allowed one per cent. 
on all of said funds that comes into his hands. 

§ 7. The commissioners of highways shall have power to employ 
a competent surveyer or civil engineer and their necessary assist- 
ants, for "the purpose of surveying the route of the road to be im- 
proved, and make plans, specifications and estimates of said work. 
The commissioners shall cause the same to be divided into con- 
venient sections, and each section numbered. 

§ S. When the plans and specifications are completed, the com- 
missioners shall advertise for sealed bids for said work, by publish- 
ing a notice thereof, for at least three weeks, in some newspaper 
published in said township. If there is no newspaper published 
therein, then in the newspaper published nearest said township, and 
also by posting notices in at least ten of the most public places in 
said town. 

§ 9. The plans and specifications shall provide for the grading 
of a road-bed of not less than twenty feet in width on the surface, 
and so constructed as to drain freely to the sides, and with all 
necessary side and lateral ditches and tile drains, bridges and cul- 
verts, and a track laid with gravel, rock, macadam, or other hard 
and durable substance, not less than seven nor more than sixteen 
feet in width, and if constructed of gravel or broken stone, not less 
than ten inches thick in the center and eight inches thick on the 
edges : Provided, however, this section shall be considered as direc- 
tory only, and shall not prohibit the making of roads of different 
width or thickness, in the discretion of the commissioners. 

§ 10. The commissioners shall meet at the time and place ap- 
pointed, for the purpose of opening the bids, and shall proceed to 
let the contracts publicly to th.3 lowest responsible bidder or bidders 
by sections, with proper specifications of the various kinds of labor 
or material on each section ; and bidders shall be required to sepa- 
rately state their bids for each class of work in such manner as the 
commissioners may provide, and each contractor shall be required 
to give bond, with good and sufficient sureties, for the performance 
of his contract, payable to the commissioners for the use and bene- 
fit of the township, with the necessary specifications and stipulations 
on the part of the contractor entered therein. But no commissioner 
shall be interested, either directly or indirectly, in any contract 
relating in any manner to said road. 



184 ROADS, HIGHWAYS AND BRIDGES. 



§ 11. If the commissioners shall be of the opinion that the bids 
are too high, they may reject the same. No contract shall be deemed 
as let unless the contractor shall, within ten days after letting, enter 
into contract and file a bond, with two good and sufficient sureties, 
with the commissioners, in the penal sum of double the amount of 
the contract, payable to the commissioners upon the failure to com- 
ply with the conditions of his or their contract. 

§ 12. The commissioners shall cause their surveyor or engineer 
to make estimates of the work done, and certify to the same, not 
oftener than once in thirty days, as may have been provided in the 
contracts, and shall then issue an order on their treasurer in favor 
of the contractor, reserving not less than twenty per cent, of said 
estimates, to guarantee the completion of the contract. Upon the 
completion of the contract the commissioners and engineer shall' 
make a thorough and complete examination and estimate of said 
work, and, if found in accordance with the specifications of the 
contract, the commissioners shall issue their order on the treasurer 
for the full amount due the contractor. 

§ 18. The commissioners shall keep a full and accurate record 
of all their proceedings under this act, and shall, upon the com- 
pletion of the road, file with the town clerk all records, papers, 
plans, plats, estimates, specifications and contracts, and shall make 
a full report to, and settlement with the board of town auditors at 
all regular meetings of the same. If the commissioners fail to 
make such settlement, the supervisor shall cause an action to be 
instituted against them, in the corporate name of the township, to 
enforce such settlement. 

§ 14. The commissioners may, in their discretion, cause the road 
to be constructed wholly of earth, and by a thorough system of tile 
and other drainage, when gravel, stone and other suitable hard 
materials cannot be obtained at a cost within the means in the 
hands of the commissioners. 

§ 15. The commissioners, for the purpose of constructing, main- 
taining or repairing gravel, rock, macadam or other hard roads, as 
provided in this act, and for procuring materials therefor, may enter 
upon lands of others, doing no more damage than the necessity of 
the case may require, and take therefrom such material as is neces- 
sary for the construction and repairing of said roads : Provided, 
that the commissioners of highways, their employees or teams, shall 
not enter upon such lands for the purpose in this section stated, 
without having paid or tendered the amount of damage allowed or 
agreed upon: Provided,' that the commissioners and the party or 
parties owning or controlling the lands to be entered upon, or from 
which material is to be taken, cannot agree as to the amount of 
damage or value of material, that the amount of damage shall be 
determined as provided for in the law for exercising the right of 
eminent domain. 

§ 16. The commissioners shall receive the same compensation 
for their service under this act as for service under the common 
road law. Provided, they shall not receive pay for both kinds of 
service on the same day. The surveyor or engineer shall receive a 



ROADS, HIGHWAYS AND BRIDGES. 135 



compensation not to exceed that allowed by law to county survey- 
ors. The assistants or employees shall receive such reasonable 
compensation as may be agreed upon. The commissioners shall be 
paid by the supervisor out of the town fund. The surveyors and 
other employees shall be paid by the commisioner out of the per- 
manent road fund. 

§ 17. The several county boards of counties not under township 
organization are hereby vested with the same powers for construct- 
ing, repairing and maintaining gravel, rock, macadam or other hard 
roads, in their respective counties, as the commissioners of high- 
ways in their respective townships, by the provisions of this act : 
Provided, however, that the question of raising a special permanent 
road tax for the purpose set forth in this act shall first be sub- 
mitted to the legal voters of the county, at any regular election for 
county officers, on the petition of one hundred land owners, who 
are legal voters residing in said county, to the county clerk, pre- 
vious to the time of posting the notices for said county election, 
said petition and notices to designate the road or roads to be im- 
proved, and number of years, not to exceed five, for which the tax 
shall be continued, 

§ 18. The ballots shall be in the form prescribed in section 2 of 
this act. If a majority of all the ballots cast at said election shall 
be in favor of the special permanent road tax, it shall then be the 
duty of the county board to direct the county clerk to extend such 
tax against all the taxable property, including railroads, in said 
county, and proceed in the construction of the road or roads voted 
for, in the same manner as provided for the guidance of commis- 
sioners of highways in their respective townships. 

§ 19. All roads constructed under the provisions of this act, 
either by townships under township organization, or by counties in 
counties not under township organization, shall be free for public 
travel, and kept in repair by the proper authorities. 

§ 20. Ail surplus funds remaining in the hands of the treasurer, 
after the completion of such roads, shall be turned over to the 
common road fund of said township or road district, as the case 
may be, except so much thereof as the commissioners may order 
retained for the purpose of repairing said permanent roads. 

Approved June 18. 1883. 



136 



ROADS, HIGHWAYS AND BRIDGES. 



ROADS, HIGHWAYS AND BRIDGES. 



§ 7. 
§ 8. 
§ 9. 
§ 10. 

§ ii. 

§ 12. 
§ 13. 

§ 14. 

§ 15. 

§ 16. 

§ 17. 
§ 18. 

§ 10. 
§ 20. 

§ 21. 

§ 22. 

§ 23. 

§ 24. 
§ 25. 
§ 26. 
§ 27. 
§ 28. 
§ 29. 
§ 30. 
§ 31. 
§ 32. 
§ 33. 
§ 34. 
§ 35. 
§ 36. 



Public highways. § 37. 

Commissioners of highways have 

charge— permanent roads. §38. 

General superintendent— contracts. 

etc. 
Commissioners prohibited from be- § 39. 

ing interested in contracts or 

purchases. § 40. 

Duties of commissioners. § 41. 

Drainage— joining with the adjoin- § 42. 

ing landowners. 
Willow hedge destroyed — tree § 43. 

planting. 
Ditches and drains— entering upon § 44. 

adjoining land. 
Grading— sidewalks— corner stones 

— culverts. § 45. 

Organization of board of commis- § 46. 

sioners— officers — meetings. 
Poll-tax— collection in money. § 47. 

Collection on execution. 
Semi-annual meetings of commis- § 48. 

sioners to fix tax rate— limit of 

rate. § 49. 

Additional tax rate in case of emer- 
gency. § 50. 
Assessments to pay damages. 
Levy certified to county clerk- 
taxes in cities, towns and vil- § 51. 

lages. 
Payment of damages. § 52. 

Report of commissioners to town 

auditors. § 53. 

Bridges— county aid. 
Special elections to vote on borrow- § 54. 

ing money— bonds. 
Bridges over streams which idivide § 55. 

towns and counties. 
Joint contracts between towns and § 56. 

counties. 
Refusal of either adjoining town to § 57. 

enter into contract— special elec- 
tion. 
Repairs on bridges built by joint § 58. 

contract. 
Contracts for repairs or construe- § 59. 

tion— notice of lettings. 
Contracts for on town lines— adver- § 60. 

tise for bids. 
Rejection of bids— contract and § 61. 

bond of successful bidders. 
Contracts payable upon completion 

of work. § 62. 

Penalties for driving faster than a § G3. 

walk. 
Laying out roads— width— opening 

—vacated. § 64. 

Altering, widening, vacating and 

laying out roads— petition. § 65. 

Petition shall set forth description § 66. 

of road, etc. § 67. 

Hearing upon petition— notice of 

meeting. § 68. 

Adjourned meeting— announcement § 69. 

of decision filed with town clerk. 
Petition for vacation— hearing— de- 
cision filed with town clerk. § 70. 
Survy and plat of new roads or 

alterations. § 71. 



Re-survey of roads made upon pe- 
tition. 

Locating new road on line of old 
one, shall not vacate old unless 
so declared. 

Commissioners shall ascertain 
damages before locating. 

Damages by agreement— release. 

Damages assessed by jury— service. ■ 

Service upon minors and defective 
persons. 

Service ui on non-resident or un- 
known owners by notices. 

Venire for jury— one-half residents 
of town assessed— change of 
venue. 

Conduct of trial before justice. 

Title of suit— evidence— visit pro- 
posed location— benefits. 

Final meeting of commissioners be- 
fore locating -notice. 

Revocation of damages assessed — 
new trials. 

Order locating survey, etc., filed 
with and recorded by town clerk. 

Location of roads where claims for 
damages have been released or 
agreed upon. 

Inducements by donations for loca- 
ting roads authorized. 

Records of town clerk evidence of 
fact. 

Removal of fences — notice — remov- 
al by commissioners— expenses. 

Private roads — width —location- 
damages— appeals. 

Private roads opened within two 
years. 

Private roads over inclosed lands — 
time for harvesting crops. 

Location of public roads on town- 
ship or county lines and into other 
townships. 

Roads between towns — expenses of 
opening and repairs. 

Appeals to supervisors— Petition 
filed with justice. 

Justice summon supervisors to hear 
appeals— proceedings. 

Decision on appeals shall be final — 
report— compensation of super- 
visors. 

Appeal bonds-costs. 

Disagreements b tween commis- 
sioners of different towns— ap- 
peals. 

County and town line roads defined 
—repair. 

Roads on State lines— location. 

Compensation of commissioners. 

Refusal or neglect of duty by com- 
missioners—penalties. 

"Carriages" — terra defined. 

This act not to interfere with ordi- 
nances regulating licenses in 
cities and towns. 

Destroy ing or defacing guide boards 
or mile stones— penalties. 

Obstructing highways— penalties. 



ROADS, HIGHWAYS AND BRTDGES. 



137 



§ 72. Depositing garbage in roads— pen- 
alties. 

§ 73. Destroying or injuring sidewalks, 
bridges, culverts, etc.— pens lties. 

§ 74. Suits for recovery of fines and pen- 
alties, and on contracts. 

§ 75. Fines paid into treasury of town 
commissioners. 

§ 76. Cattle crossings under roads. 

§ 77. "Right of the road"— penalties for 
neglect. 

§ 78. "Drunken drivers"— penalties. 

§ 79. Repeal of act 1879— saving clause. 

§ 80. Petition to adopt the labor system- 
elections— effect if adopted. 

§ 81. Lists filed by overseer— delivered 
by town clerk to commissioners 
—assessments. 

§ 82. Labor to be performed— who are 
liable. 

§ 83 Taxation— rate— cities and villages. 

§ 84. Assessment rolls prepared by com- 
missioner and filed with town 
clerk. 

§ 85. Town clerk shall deliver copies to 
overseers. 

§ 86. Overseers shall add omitted names 
to lists. 

§ 87. Labor on private roads. 

§ 88. Town clerk shall post notices of 
assessments— payment in labor. 

§ 89. Refusal or neglect of duty by com- 
missioners—penalties. 

I 90. Appointment of overseers. 

§ 91. Duties of overseers. 

§ 92. Refusal of overseer to serve— va- 
cancy— appointments. 

§ 93. Appointments filed with town clerk. 

§ 94. Penalty for refusing to act as over- 
seer. 

§ 95. Notice to persons to work upon the 
highways. 

§ 96. Commutation of labor in money. 

§ 97. Persons commuting shall pay with- 
in three days after notice to work. 

§ 98. Overseer may require teams. 

§ 99. Labor may be performed by a sub- 
stitute. 

§ 100. Penalties for idling or interfering 
with others. 

§ 101. Penalties for refusal or neglect to 
work or commute. 



§ 102. Complaint to be made of persons 
in default. 

§ 103. Justice shall summons to appear 
in five days. 

§ 104. Trial — judgment — costs — execu- 
tion. 

§105. Collection of judgment. 

§ 106. Fines collected set off against tax. 

§ 107. Acceptance of excuse by overseer 
no exemption. 

§ 108. Notice to persons liable to appear 
and work out tax. 

§ 109. Reeeipr for taxes paid and credited 
on books. 

§ 110. Overseer deliver to supervisors as- 
sessment lists. 

§ 111. Penalties for refusal or neglect to 
deliver lists. 

§ 112. Three-fourthsofroadlaborworked 
out or expended before Septem- 
ber. 

§ 113. Report of overseer to commission- 
ers before annualtown meeting. 

§ 114. Overseer shall render account of 
moneys and pay over to succes- 
sor. 

§ 115. Penalties for failure to render ac- 
count and pay over balances. 

§ 116. Supervisors shall receive list from 
overseers and lay before board 
of supervisors. 

§ 117. Delinquent taxes to be levied on 
lands and collected. 

§ 118. Compensation of overseers. 

§ 119. Commissioners shall certify to 
county board annual taxes nec- 
essnry for repairs, etc. 

§ 120. Town clerk shall furnish to county 
clerk plats of road districts. 

§ 121. Taxes extended shall designate 
district. 

§ 122. County and township collectors 
shall furnish treasurer of com- 
missioners abstract of road tax 
due each district. 

§ 123. Treasurer shall pay to overseer 
taxes according to the abstracts 
furnished, upon order properly 
approved. 

§ 124. Repealof act of 1879— saving clause. 



An Act in regard to roads and bridges in counties under township 
organization, and to repeal an act and parts of acts therein named. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That all roads in this State which 
have been laid out in pursuance of any law of this State, or of the 
territory of Illinois, or which have been established by dedication 
or used by the public as a highway for twenty years, and which 
have not been vacated in pursuance of law, are hereby declared to 
be public highways. 

§ 2. The commissioners of highways shall have charge of the 
roads and bridges of their respective towns, and it shall be their 
duty to keep the same in repair, and to improve them so far as 
practicable. Whenever the available means at their disposal will 
permit, they shall construct permanent roads, beginning where most 
needed. The work on roads shall be done timely, and in accord- 
ance with the best known methods of road making, by proper 
grading and thorough drainage by tile or otherwise, as may be 
expedient, or by the application of gravel, rock or other material. 



138 ROADS, HIGHWAYS AND BRIDGES. 



§ 3. In order to insure efficiency, tbey may employ a general 
superintendent outside their own body to work and to execute their 
orders ; or they may divide the work, let contracts, appoint over- 
seers, employ laborers or such other agencies as they may deem 
expedient and most to the interest of the town. 

§ 4. In letting contracts, employing labor, or- in purchasing tools, 
machinery or materials, the commissioners shall not have, directly 
or indirectly, any personal pecuniary interest in connection there- 
with. The commissioners shall not have power to let any contract, 
purchase tools, machinery or materials, except as ordered by the 
board at an authorized meeting. 

§ 5. Their duties shall include : 

1. To lay out, alter, widen or vacate roads as hereinafter pro- 
vided, and to exercise such care and superintendence over roads 
and bridges as the public good may require. 

2. To cause such roads used as highways as have been laid out 
or dedicated to public use, but not sufficiently described, and such 
as have been used for twenty years, but not recorded, to be ascer- 
tained, described and entered of record in the town clerk's office. 

3. To purchase, for use upon highways, such necessary tools, 
implements and machinery as they may think proper. 

4. To take possession of and keep under shelter, when not in 
use, all scrapers, plows and . other tools belonging to their towns 
wherever the same may be found, and not allow the same to go to 
waste, and not lend the same except to persons employed by them 
to work the roads by contract or otherwise. 

5. To cause to be erected and kept in repair, at the forks or 
crossing place of the most important public roads, a post and guide 
board, with plain inscription thereon, in letters and figures, giving 
directions and distances to the most noted places to which such 
road may lead ; to prevent thistles, burdock, cockle-burs, mustard, 
yellow dock, Indian mallow and gympson weed from seeding, and 
to extirpate the same so far as practicable ; and to prevent all 
rank growth of vegetation in the public highway by causing the 
same to be cut and destroyed prior to the seeding of the same, and 
at the farthest prior to September 1st in each and every year; and 
the said commissioners may, at their discretion, adopt any suitable 
and convenient mode of supplying water in troughs conveniently 
situated on the public highway for public use. 

6. It is hereby made unlawful, and the commissioners are re- 
quired to prevent any one, at any time, from plowing in the public 
highways for any purpose, unless by the consent of at least two of 
the commissioners. 

§ 6. Whenever the commissioners are about to lay a tile drain 
along a public road, they shall have power to contract with the own- 
ers or occupants of adjoining lands to lay larger tile than would be 
necessary to drain the road, and to permit connection therewith by 
such contracting parties to drain their lands. 

§ 7. Where willow hedges, or a line of willow or cottonwood trees 
have been planted along the margin of the road, so as to render 
tiling impracticable, the commissioners may contract with the owner 



ROADS, HIGHWAYS AND BRIDGES. 139 



for their destruction, and they shall be destroyed before tiling. The 
planting of these trees hereafter on the margin of roads, is hereby 
declared a public nuisance, unless the same are planted by the con- 
sent of the commissioners. 

§ 8. The commissioners of highways of the several towns are 
hereby authorized to enter upon any land adjacent to any highway 
iu their town for the purpose of opening any ditch, drain necessary 
sluice or water-course, whenever it shall be necessary to open a 
water-course from any highway to the natural water-courses, and to 
dig, open and clean ditches upon said land for the purpose of car- 
rying off the water from said highways, or to drain any slough or 
pond on said highway : Provided, that unless the owner of such 
land, or his agent, shall first consent to the cutting of such ditches, 
the commissioners shall apply to any justice of the peace in the 
county in which such road is situated, for a summons directed to 
any constable of said county, commanding him to summon the said 
owner to appear before the said justice, at a time and place speci- 
fied in such summons, not less than five nor more than fifteen days 
from the date thereof, for the purpose of having the damage as- 
sessed which such owner may sustain by reason of the digging or 
opening of such ditches or drains. The said summons shall be 
under the hand of the said justice, and be served in the same man- 
ner as a summons is now served in civil actions before justices of 
the peace. On the return of such summons, venire shall be issued 
for a jury of twelve persons, who shall be summoned, and whose 
competency shall be determined as in other cases in the trial of 
civil actions before justices of the peace ; which jury shall assess 
such damages and render a verdict therefor, which shall be final and 
conclusive of the amount of damages sustained by such person, and 
the amounts so awarded shall be paid, before the commissioners of 
highways shall be warranted and empowered to enter such lands, 
and dig, open and clean such drains, ditches and water-courses, as 
aforesaid, for the purposes contemplated in this act ; and the com- 
missioners of highways are further authorized to use and employ the 
road and bridge money of their town for such, purposes : Provided, 
that in case the owner of said lands is a non-resident, service may 
be had by leaving a copy with the occupant or agent, or by notice, 
in the same manner as prescribed in section 43 of this act. 

§ 9. In grading roads, wherever practicable, it shall be done so 
as to leave not less than one-tenth of the width of the road on each 
side for a sidewalk ; and the space between these points shall be 
made a regular oval grade, so that the entire space can be used for 
traveling purposes, and it shall be unlawful to ride or drive on such 
walk; and any person so offending shall be subject to a fine of one 
dollar for each offense. Grading shall be done before the first of 
September in each year. Corner stones marking sectional or other 
corners, shall not be disturbed, except to so grade the road that 
these, if in the line of travel, shall not rise above tlae surface, and cor- 
ner stakes shall be replaced by good and substantial stones. In 
grading public roads, if a ditch is made at the junction of roads, or 
at the entrance of gates, or other openings of adjoining premises, 
the road authorities shall construct good and sufficient culverts, or 
other convenient crossings. 



140 ROADS, HIGHWAYS AND BRIDGES. 



§ 10. TI13 commissioners of each town shall meet, on the second 
Tuesday after the annual town meeting in each year, at the town 
clerk's office, and shall organize as a board by electing one of their 
number president and one of their number treasurer, and the town 
clerk shall be ex-officio clerk of said board, and shall keep a record 
of all the official acts and proceedings of the board in a well-bound 
book, to be provided for that purpose, which record shall be signed 
by the president and clerk. Said board shall hold regular meetings 
at such times as they shall designate, and special meetings as oc- 
casion may require, at the call of the president, or any two of the 
commissioners, and no official business shall be transacted by the 
board, except at a regular or special meeting. If the president or 
town clerk be absent from a meeting, or refuse to perform his of- 
ficial duties, a president or clerk pro tempore shall be appointed 
from their own number. The treasurer so chosen shall receive and 
have charge of all moneys raised in the town for the support and 
maintenance of roads and bridges, excepting such portions of the 
moneys as are hereinafter directed to be paid to the authorities of 
incorporated villages, towns and cities. He shall hold such moneys 
at all times subject to the order of the commissioners of highways, 
and shall pay them over upon their order, or a majority of said 
commissioners, and not otherwise. Before the person so chosen as 
treasurer shall be entitled to act as such, and within ten days after 
his appointment, he shall execute a good and sufficient bond, in 
double the amount liable to come into his hands, with two or more 
landholders as sureties, in such amount and in such manner as the 
supervisor and town clerk shall determine, conditioned for the faith- 
ful discharge of his duties as such treasurer, and that he will hon- 
estly and faithfully account for and pay over, upon the order of the 
commissioners, all moneys that shall come into his hands by virtue 
of his said office ; which bond shall be payable to the supervisor of 
the town, and his successor in office, ancl be approved by the su- 
pervisor and town clerk, and filed in the town clerk's office. Such 
treasurer shall receive such compensation for such services as treas- 
urer, as may be fixed by the commissioners, not to exceed two per 
cent, of the amount of money that comes into his hands, excepting 
such amount as he receives from his predecessor, or such amount 
as may be borrowed for the use of the town ; and he shall keep an 
account, in a book provided by the commissioners, of all moneys 
received and all moneys paid out, showing in detail to whom and 
on what account the same is so paid. The town clerk shall, im- 
mediately, upon the filing of said bond, notify the county treasurer 
thereof, by a certificate under his hand and seal. 

§ 11. At this meeting they shall make out a list of able-bodied 
men in their town, between the ages of twenty-one and fifty years, 
and deliver the same to their treasurer on or before the first day 
of May in each year, and assess at such meeting against each per- 
son upon such list, a sum of not less than one, nor more than two 
dollars as a poll-tax, for highway purposes, to be paid to such 
treasurer by the first Monday in June of each year : Provided, that 
paupers, idiots, lunatics, and such others as are exempt by law, 
shall not be compelled to pay a poll-tax for highway purposes : Pro- 
vided, also, that this list shall not include persons within the limits 



KOADS, HIGHWAYS AND BRIDGES. 141 



of cities or incorporated villages. They shall, within ten days after 
such list is delivered to their treasurer, cause written or printed notices 
to be given to each person so assessed, notifying him of the time 
when and place where such tax must be paid ; and if this poll-tax 
shall not be paid by the first Monday of June in such year, it shall 
be the duty of the commissioners, in the name of the town, to bring 
suit therefor against such person, before some justice of the peace 
having jurisdiction thereof. Summons shall be issued and returned 
in the same manner as provided by law in other cases. If judg- 
ment is rendered against defendant, the court shall find, in such 
judgment, that the same is for poll-tax unpaid, and shall endorse 
the same on the execution, if one is issued. No property belonging 
to the defendant shall be exempt from levy to satisfy such execu- 
tion. 

§ 12. The constable to whom such execution shall be delivered 
shall forthwith collect the moneys therein mentioned. He shall pay 
the money so collected, when collected, to the ju-.tice of the peace 
who issued the execution, who is hereby required to pay the same 
to the treasurer of the road and bridge fund. 

§ 23. The commissioners shall also meet semi-annually, on the 
same day and at the same place of meeting of the board of town audi- 
tors. At the meeting immediately preceding the annual meeting of 
the county board, the commissioners shall determine what per cent, 
of tax shall be levied on the property of the town for road and 
bridge purposes, and for the payment of any outstanding orders 
drawn by them on their treasurer, which levy shall not exceed sixty 
cents on each one hundred dollars. 

§ 14. If, in the opinion of the commissioners, a greater levy is 
needed in view of some contingency, they may certify the same to 
the board of town auditors and the assessor, a majority of whom 
shall be a quorum, and with the consent of a majority of this entire 
board given in writing, an additional levy may be made of any sum 
not exceeding forty cents on the one hundred dollars of the taxable 
property of the town. 

§ 15. When damages have been agreed upon, allowed or awarded 
for laying out, widening, altering or vacating roads, or for ditching 
to drain roads, the amounts of such damages, not to exceed, for 
any one year, twenty cents on each one hundred dollars of the tax- 
able property of the town, shall be included in the first succeeding 
tax levy, provided for in section thirteen of this act, and be in ad- 
dition to the levy for road and bridge purposes ; and when collected, 
shall constitute and be held by the treasurer of the commissioners 
as a separate fund, to be paid out to the, parties entitled to receive 
the same. 

§ 16. The commissioners, at said semi-annual meeting, shall 
make a certificate of the rate per centum finally agreed upon, by 
virtue of sections thirteen and fourteen of this act, also, the amount 
to liquidate road and ditch damages, and shall cause such certifi- 
cate to be delivered to the town clerk, to be kept by him on file for 
the inspection of the inhabitants of said town ; and the town clerk 
shall at once certify these two items of levy to the county clerk, to 
be by him extended as one tax upon the collector's book of said 



142 ROADS, HIGHWAYS AND BRIDGES. 



town, to be collected as other taxes, and when collected, shall be 
paid to the treasurer of the commissioners by the collector as fast 
as the same is collected, except such rate per cent, as shall be 
allowed for collecting the same : Provided, that one-half the tax 
provided to be levied in section thirteen of this act, and collected 
for road and bridge purposes on the property lying within an in- 
corporated village, town or city in which the streets and alleys are 
under the care of the corporation, shall be paid over to the treas- 
urer of such village, town or city, to be appropriated to the im- 
provement of roads, streets and bridges, either within or without 
said village, town or city, and within the township, under the 
direction of the corporate authorities of such village, town or city : 
Provided, further, that when any of said tax is expended beyond 
the limits of said village, town or city, it shall be with the consent 
of the road commissioners of the town. 

§ 17. t Whenever damages have been allowed for roads or ditches, 
the commissioners may draw orders on their treasurer, payable 
only out of the tax to be levied for such roads or ditches, when the 
money shall be collected or received, to be given to persons damaged. 

§ 18. At the semi-annual meeting immediately preceding the 
annual town meeting, the commissioners shall meet and report to 
the board of town auditors, in writing : 

1. The amount of poll-tax assessed, how much paid, and how 
much delinquent. 

2. The amount of road and bridge money received by the town, 
and a full and detailed statement as to how and where expended, 
and the balance, if any, unexpended. 

3. The amount raised for damages in laying out, altering, widen- 
ing, or vacating roads, and right of way for ditches. 

4. The amount of liabilities incurred and not paid ; and if such 
liabilities are undetermined, they shall be estimated. 

5. Any additional matter concerning the roads ■ and bridges of 
the town they may think expedient and proper to make. 

§ 19. When it is necessary to construct or repair any bridge 
over a stream, or any approach or approaches thereto, by means 
of an embankment or trestle-work, on a public road in any town, 
or on, or near to, or across a town line, in which work the town 
is wholly or in part responsible, and the cost of which will be more 
than twenty cents on the one hundred dollars on the latest assess- 
ment roll, and the levy of the road and bridge tax for that year 
in said town was for the full amount of sixty cents on each one 
hundred dollars allowed by law for the commissioners to raise, the 
major part of which is needed for the ordinary repair of roads and 
bridges, the commissioners may petition the county board for aid ; 
and if the foregoing facts shall appear, the county board shall ap- 
propriate from the county treasury a sum sufficient to meet one- 
half the expenses of the said bridge or other work, on condition 
that the town asking aid shall furnish the other half of the required 
amount. The expenditure of these joint funds shall be made by 
the commissioners and two persons appointed by the board of 
supervisors, and any surplus funds appropriated by the county 
board, after the completion of the work, shall be paid into or lapse- 



ROADS, HIGHWAYS AND BRIDGES. 143 



into the county treasury : Provided, however, that before any bridge 
or approaches as contemplated as above shall be constructed or 
repaired under the provisions of this section, the commissioners 
shall make a careful estimate of the probable cost of the same and 
attach thereto their affidavits that the same is necessary, and will 
not be made more expensive than is needed for the purpose desired ; 
and such estimate and affidavit shall be filed with the petition : 
Provided, that in case of some emergency arising from the sudden 
destruction or serious damage to a bridge or its approaches, when 
delay in repairing or rebuilding would be detrimental to the public 
interest, such petition to the county board may be presented during 
the progress of the work or after its completion, and if the facts 
appear as contemplated by this section, then the county board 
shall appropriate one half of such cost, with like conditions that 
the town pay the other half. 

§ 20. When the commissioners desire to expend on any bridge 
or other distinct and expensive work on the road, a greater sum of 
money than Is available to them by other means, the said com- 
missioners may petition the supervisor of the town to call a 
special town meeting to vote on the proposition, which shall be 
clearly stated in the petition substantially as follows; "To borrow 
$.... to construct or repair, [describe the bridge or other workj." 
which said petition shall be signed by said commissioners in their 
official capacity and by at least twenty-five freeholders of such town ; 
and thereupon such petition shall be filed in the office of the town clerk 
of such town. Upon the filing of said petition, the supervisor shall or- 
der the town clerk, by an instrument in writing to be signed by him, 
to post up in ten of the most public places in said town, notices of 
such special town meeting; which notice shall state the object, time 
and place of meeting, the maximum sum to be borrowed, and the 
manner in which the voting is to be had, which shall invariably be 
by ballot, and shall be "For borrowing money to [here define the 
purpose J,' r or "Against borrowing money [here define the purpose]." 
The special town meeting shall be held at the place of the last 
annual town meeting, by giving at least ten days' notice, and 
returns thereof made in the same manner as other special town 
meetings are now, or may hereafter be provided by law; and if it 
shall appear that a majority of the legal voters voting at said elec- 
tion shall be in favor of said proposition, the supervisor and town 
clerk, acting under the direction of the commissioners of said town, 
shall issue from time to time, as the work progresses, a sufficient 
amount in the aggregate of the bonds of said town for the pur- 
pose of building such bridge, or other distinct and expensive work ; 
said bonds to be of such denominations, bear such rate of interest, 
not exceeding six per cent., upon such time, and be disposed of as 
the necessities and conveniences of said town officers require : 
Provided, that said bonds shall not be sold or disposed of for less 
than their par value, and such town shall provide for the payment 
of such bonds and the interest thereon by appropriate taxation. 

§ 21. Bridges over streams which divide towns or counties, and 
bridges over streams on roads on county or town lines, shall be 
built and repaired at the expense of such towns or counties : Pro- 
vided, that for the building and maintaining of bridges over 



144 ROADS, HIGHWAYS, AND BRIDGES. 



streams near county or town lines, in which both are interested, 
the expense of building and maintaining any such bridges shall be 
borne by both counties or towns in such portion as shall be just 
and equitable between said towns or counties, taking into consider- 
ation the taxable property in each, the location of the bridge, and 
the advantage of each, to be determined by the commissioners in 
making contracts for the same as provided for in section 22 of this act. 

§ 22. For the purpose of building or keeping in repair such bridge 
or bridges, it shall be lawful for the commissioners of such adjoin- 
ing towns, whether they be in the same or different counties, or 
county boards of such adjoining counties, to enter into joint contracts, 
and such contracts may be enforced in law or equity against such 
commissioners jointly, the same as if entered into by individuals, 
and such commissioners or county boards may be proceeded against 
jointly, by any parties interested in such bridge or bridges, for any 
neglect of duty in reference to such bridge or bridges, or for any 
damage growing out of such neglect. 

§ 23. Whenever the commissioners of either of such adjoining 
towns shall refuse to enter into such joint contracts to build and 
maintain such bridge or bridges, the commissioners of the other 
town may call a special town meeting to vote upon the proposition 
as to whether such town shall proceed to build and maintain such 
bridge or bridges at its own expense. If such proposed bridge shall 
require a greater sum of money to complete it than is available to the 
commissioners by other means, they may also submit the proposi- 
tion to such special town meeting to borrow money to build such 
bridge. The voting shall be by ballot, and if simply the question 
as to the building of the bridge is submitted, if the voter desires to 
vote for building the bridge, his ballot shall state "to build bridge," 
and if he desires to vote against the proposition, his ballot shall 
state "against the proposition to build bridge." If the proposition 
to borrow money to build such bridge shall be included in the notice, 
the maximum amount to be borrowed shall be stated in the same, 
and the voter desiring to vote affirmatively shall state on his ballot 
"to build bridge and to borrow money to construct the same," and 
if he desires to vote negatively, his ballot shall state "against the 
proposition to build bridge and to borrow money to construct the 
same." Such special town meeting shall be called and held in the 
same manner which is provided for special town meetings in section 
20 of this act. If the proposition to build such bridge shall receive 
a majority of all the votes cast at such election, the commissioners 
shall then have the power to contract for the building of such bridge 
and approaches thereto, the same as if the bridge was entirely located 
in such town, and shall have the power to acquire, by purchase, 
lease or gift, any private bridge already built, suited to their pur- 
pose, or any land upon which to build the approaches, or may use 
for the purpose of such approaches any public highway that may 
lead to the bank of the stream where said bridge is to be built, on 
either side of said stream, whether such highway be within the 
limits of said town or county or not. If the proposition to build 
such bridge and borrow money to build the same shall receive a 
majority of the votes cast at such special town meeting, the super- 
visor and town clerk, under the direction of the commissioners, 



ROADS, HIGHWAYS AND BRIDGES. 145 



shall issue from time to time, as the work progresses, a sufficient 
amount hi the aggregate of the bonds of said town, for the purpose 
of building such bridge and the approaches thereto, or to purchase 
any private bridge already built, as the case may be, said bonds to 
be of such denominations, bear such rate of interest, not exceeding- 
eight per cent., upon such time, and be disposed of as the neces- 
sities and conveniences of said commissioners may require. Such 
bonds shall not be sold for less than their par value, and such 
town shall provide for the payment of such bonds and interest by 
appropriate taxation. 

§ 21. If the commissioners of either of such towns, or county 
boards of such counties, after reasonable notice in writing from the 
commissioners of any other such towns or county boards of such 
counties, shall neglect or refuse to build or repair any such bridge 
when any contract or agreement has been made in regard to the 
same, it shall be lawful for the commissioners or county board, so 
giving notice" to build or repair the same, to recover, by suit, one- 
half (or such amount as shall have been agreed upon) of the expense 
of so building or repairing such bridge, with costs of suit and inter- 
est from the time of the completion thereof, from the commissioners 
or county board so neglecting or refusing. 

§ 25. The commissioners are hereby authorized to contract for 
the construction and repairing of roads and bridges, but when such 
contracts are for a sum exceeding $75.00, they shall give at least 
ten days notice of time and place of letting such contract, by post- 
ing notices in at least ten public places in and contiguous to the 
town, describing the work and time of completion : Provided, in 
case where bridges have been suddenly destroyed on any important 
highway, then such commissioners may privately contract for replacing 
such bridge to an amount not exceeding $150. 

§ £6. Contracts for constructing and repairing roads and bridges 
on town lines, or across streams on town lines, shall be let by the 
commissioners of the two towns, who shall meet and act as one 
body when taking action upon the letting of such contracts for the 
construction or repair of' such roads and bridges, or acceptance of 
the work. When such contracts are for the expenditure of a sum 
exceeding $1C0 they shall advertise for bids in the same manner as 
provided in the preceding section, except that the notices shall be 
posted in and contiguous to the two towns. 

§ 27. At such public letting, as provided for in the two preceding 
sections, the commissioners shall have the right to reject any and 
all bids if they deem it to the best interests of the town, and no 
contract shall be considered as let unless the contractor shall, within 
ten days after the letting, enter into contract and file a bond, with 
two good and sufficient sureties, v/ith the commissioners, in the 
penal sum of double the amount of the contract, payable to the 
commissioners of the town, upon failure to comply with the condi- 
tions of his or their contract. 

§ 28. All contracts for the construction or repair of roads, or 
building or repairing bridges, shall be made payable as soon as the 
work on said contract is completed and accepted by the commissioners. 
—10 



146 ROADS, HIGHWAYS AND BRIDGES. 



§ 29. The commissioners of highways may, when they deem 
it advisable, put up and maintain in conspicuous places, at each 
end of any bridge, a notice with the following words in large charac- 
ters : "Five dollars fine for riding or driving on this bridge faster 
than a walk." If any person shall ride or drive faster than a walk 
over any bridge upon which such notice has been placed, he shall 
forfeit to the town in which such bridge is located, five dollars for 
each offense. 

Laying Out Roads. 

§ 80. All public roads established under the provisions of this 
act shall be of the width of sixty feet : Provided, short roads, not 
exceeding two miles in length, may be of a width not less than 
forty feet, nor more than sixty feet; and roads called public and 
private may be of the width as in this act provided. All public 
roads, laid out as herein provided, shall be opened within two years 
from the time of laying out the same. If not opened within the 
time aforesaid, the same shall be deemed to be vacated. 

§ 31. The commissioners may alter, widen or vacate any road, 
or lay out any new road in their respective towns, when petitioned 
by any number of land owners, not less than twelve, or two-thirds 
of the land owners residing in such town within two miles of the 
road so to be altered, widened, vacated or laid out : Provided, said 
commissioners may also narrow or reduce the width of the streets 
in town plats not incorporated, so as to leave the same not less 
than sixty feet in width, on petition and under like proceedings as 
herein provided in case of laying out, altering, widening or vacating 
roads. 

§ 32. Said petition shall set forth, in writing, a description of 
the road and what part thereof is to be~ altered, widened or vacated ; 
and if for a new road, the names of the owners of lands, if known, 
and if not known it shall be so stated, over which the road is to 
pass, the points at or near which it is to commence, its general 
course, and the place at or near which it is to terminate. 

§ 33. Whenever the commissioners shall receive any such petition, 
they shall fix upon a time when and place where they will meet to 
examine the route of said road, and to hear reasons for or against 
the altering, widening, vacating or laying out the same ; and they 
shall give at least ten days' notice of the. time and place of such 
meeting by posting up notices in five of the most public places in 
the township, in the vicinity of the road to be widened, altered, va- 
cated or laid out. 

§ 34. The commissioners may, by public announcement, and^ by 
the posting of a notice at the time and place named for the first 
meeting, adjourn the meeting from time to time, but not for a longer 
period than ten days in all ; and shall, at the first or such adjourned 
meeting, within said ten days, decide and publicly announce whether 
they will grant or refuse the prayer of the petition, and shall en- 
dorse upon or annex to the petition a brief memorandum of such 
decision, to be signed by the commissioners. Such decision shall be 
subject to revocation, in case the prayer of the petition is granted, 
in the manner hereinafter provided. In case the commissioners^ re- 
fuse to grant the prayer of the petition, they shall, within five days 



ROADS, HIGHWAYS AND BRIDGES. 147 



thereafter, file the same so endorsed, or with such decision annexed 
thereto, in the office of the town clerk. 

§ 35. If the petition is simply for the vacation of the road, and 
the commissioners, or a majority of them, shall, at such meeting, 
decide that the prayer of the petitioners should be granted, they 
shall order such road to be vacated ; a copy of which order, to- 
gether with the petition, shall be by them filed with the town clerk ; 
such order to be so filed within five days after the date of such 
decision. 

§ 36. If such petition is for the establishment of a new road, or 
the alteration or widening of an existing road, and the commission- 
ers, or a majority of them, shall be of the opinion that the prayer 
of the petitioners should be granted, they shall cause a survey and 
plat of such road to be made by a competent surveyor, who shall 
report such survey and plat to said commissioners, giving the courses 
and distances, and specifying the land over which said road is to 
pass ; in which they may make such changes between the termini of 
the road described in the petition as the convenience and interest 
of the public, in their judgment, may require. 

§ 3/\ Upon the petition of twelve land owners residing in the 
tow r n where the road is situated, it shall be the duty of the com- 
missioners, within a reasonable time, to employ a competent surveyor 
and have any road designated in such petition in their several 
towms re-surveyed and plats thereof made, which plats and surveys 
shall be by them filed for record in the office of the town clerk : 
Provided, that this section shall not apply where the same has been 
already done, unless the exact location of such road is uncertain. 

§ 38. The establishment of a new road on the route of a road 
already established according to law, shall not vacate the road pre- 
viously established, unless such vacation is prayed for in the petition, 
and so declared in the order establishing a new road. 

§ 39. They shall also, before they order any road to be estab- 
lished, altered, widened or vacated, ascertain, as hereinafter provided, 
the aggregate amount of damages which the owner or owners of 
land over which the road is to pass shall be entitled to, by reason 
of the location, alteration or vacation of such road : Provided, hoiv- 
ever, that in case an appeal is taken from the assessment of dam- 
ages before the justice of the peace, the commissioners may, in their 
discretion, make an order laying out, widening, altering or vacating 
such road, either before or after such appeal is determined, in the 
manner hereinafter provided. 

§ 40. The damages sustained by the owner or owners of the 
land, by reason of the establishment, alteration, widening or vaca- 
tion of any road, may be agreed upon by the owners of such lands, 
if competent to contract, and the commissioners, or they may be 
released by such owners, in which case the agreement or release 
shall be in writing, and shall be filed and recorded with the copy 
of the order establishing, altering, widening or vacating such road, 
in the town clerk's office, and shall be a perpetual bar against 
such owners, their grantees and assigns, for all further claims for 
such damages. 



148 EOADS, HIGHWAYS AND BRIDGES. 



§ 41. In case such damages are not released or agreed upon 
as in the preceding section specified, the commissioners shall, 
within ten days from the date of the meeting at which it was 
decided to grant the prayer of the petition, make a certificate that 
they are about to establish, widen, vacate or alter a public road, 
describing such road, vacation, widening or alteration, and the 
land over or on which such road is to be established, altered, 
widened or vacated, and naming the owners of such lands, if 
known, and if not known, stating the fact and asking for a jury to 
assess the damages of such owners, and shall present such certifi- 
cate to some justice of the peace of the county, who, on receipt of 
the same, shall, within five days, issue a summons against the 
land owners concerned ; which summons shall be in the following 
form as nearly as the case will admit, viz : 

STATE OF ILLINOIS, > 

County.) ' 

The People of the State of Illinois, to any constable of said county, greeting : 

You are hereby commanded to summon and to appear before me 

at , on the day of at o'clock, and prove to a jury then and 

there lobe empanelled, such damages as Ihe or they I may sustain on account of the 
establishing, altering, widening or vacating the road described in a certificate of the 

commissioners of the town of .,in said county, which certificate is now on tile in 

my office. 

Given under my hand and seal this day of 18.. 

Justice of the Peace. 

in which summons the justice shall specify a certain place, day 
and hour for the trial, not less than six nor more than fifteen 
days from the date of such summons, at which time and place 
such land owners are to appear. Such summons shall be served 
at least three days before the time of trial mentioned therein, by 
reading the same to the land owners therein named. 

§ 42. If any such owner is an infant, such summons shall be 
served by delivering a copy to the infant and its guardian, if any, 
if no guardian, the person with whom he or she resides. If any 
owner is a lunatic or habitual drunkard, having a conservator, by 
delivering a copy to his conservator. 

§ 43. In case it shall appear, either from the certificate of com- 
missioners, the affidavit of any person, or the return of any officer 
to whom the notice may be delivered for service, that there are 
non-resident or unknown owner or owners, who cannot be found and 
served within the county, such justice shall also cause notice to be 
delivered to the occupant of such lands and the contents and 
nature thereof to be made known to such occupant and also to he 
posted in three of the most public places in the vicinity of such 
proposed road or alteration, at least ten days before the time fixed 
in the summons for hearing proof of damages, stating the time and 
place, as stated in said summons, and describing the road to be 
established or altered and the lands for which damages are to be 
assessed; and in case service is made upon any owner by posting 
notices as above provided, the justice shall continue said hearing 
for a period not exceeding twelve days. 

§ 44. Such justice shall, also, forthwith issue a venire, directed 
to any constable of the county, to summon six persons having the 
qualifications of jurors to appenr at such time and place as may 
be designated, for the proving of such damages, whose competency 



ROADS, HIGHWAYS AND BRIDGES. 149 



shall be determined the same as in other civil cases before justices 
df the peace. Either party to the case shall have the same right 
of challenge as in other civil cases; and any deficiency in the num- 
ber of jurors, from whatever cause, shall be supplied by summoning 
other persons residing in said county: Provided, that not more 
than one-half of such jury shall be residents of the town liable to 
pay the damages assessed in the case : Provided, farther, that 
changes of venue may be granted, if applied for before the com- 
mencement of the trial, in the same manner as in other civil 
causes before justices of the peace. 

§ 45. The jury shall appear before, and be sworn by such jus- 
tice faithfully and impartially to assess the damage of each of the 
owners specified in such certificate, or those of them whose claims 
are then to be adjusted, according to law. to the best of their 
judgment and understanding; and. all parties in interest shall be 
entitled to subpoenas and other writs and papers, and the trial 
shall be conducted as in other civil cases. 

§ 46. The case shall be entitled "Commissioners of highways of 

the town of vs " [whoever may be summoned as 

land owners] and the jury shall hear such lawful evidence touch- 
ing the question of such damages as may be presented to them, 
the claimants having the right to open and close the case ; and 
shall, also, on a request of a majority of the commissioners or 
owners of lands whose damages are to be determined, in a body 
visit and examine the proposed location, alteration, widening or 
vacation of such road, and the lands to be taken and affected 
thereby, and make a written verdict specifying the amount of dam- 
ages, if any, which every such owner shall recover, and return the 
same to such justice, to be by him entered upon his docket in the 
nature of a judgment: Provided, that in estimating the damages, 
except damages to property actually taken for a road, the jury 
may consider the benefits conferred; but no benefits enjoyed in 
common by the owners of surrounding property shall be considered 
in estimating damages. 

§ 47. Within ten days after the total amount of damages shall 
have been ascertained, either by release or agreement of the par- 
ties, or by assessment before a justice of the peace and a jury, in 
the manner hereinbefore provided, the commissioners shall hold a 
meeting to finally determine upon the laying out, altering, widen- 
ing or vacation of such road, of which meeting said commissioners 
shall give public notice, by causing not less than three notices 
thereof to be posted in public places within the town, at least five 
days prior thereto. 

§ 48. In cases where the damages are not wholly released or 
agreed upon, and the commissioners in case no appeal has been 
taken, and the supervisors hearing the appeal in case an appeal is 
taken, shall be of the opinion that the damages assessed by the jury 
are manifestly too high, and that the payment of the same would 
be an unreasonable burden upon the tax-payers of the town, the 
commissioners, or the supervisors who heard the appeal, as the case 
may be, may revoke all proceedings had upon the petition by a 
written order to that effect ; and such revocation shall have the 
effect to annul all such proceedings and assessments, releases and 



150 ROADS, HIGHWAYS AND BEIDGES. 



agreements, in respect to damages growing out of the proceedings 
upon the petition : Provided, upon the final determination of the 
commissioners of highways, or the supervisors upon appeal being 
determined, and a copy of all such proceedings being filed in the 
town clerk's office, no other proceedings shall be had by the com- 
missioners of highways, nor any petition entertained in regard to 
the same road or petition for two years from the date of filing such 
copies of proceedings. And after two trials as aforesaid, if the de- 
cision be the same, no other petition shall be entertained for the 
same until the expiration of three years from the filing of the last 
proceedings. 

§ 49. In case the commissioners shall not revoke such prior pro- 
ceedings, they shall make an order, to be signed by them, declaring 
such road so altered, widened or laid out, a public highway, and 
which order shall contain or have annexed thereto a definite descrip- 
tion of the line of such road, together with a plat thereof. The 
commissioners shall, within five days from the date of such order, 
cause the same, together with the report of the surveyor, the peti- 
tion and the releases, agreements or assessments in respect to dam- 
ages, to be deposited and filed in the office of the town clerk, who 
shall note upon such order the date of such filing. It shall be the 
duty of such clerk, after the time for appeal to supervisors has ex- 
pired, and in the case of such appeal, after the same shall have 
been determined, in case the prayer of the petition is granted, to 
record such order, together with the plat of the surveyor, in a proper 
book to be kept for that purpose. 

§ 50. In cases where the damages claimed by the land owners 
for the right of way are released, or are agreed upon between the 
land owners and commissioners, the commissioners may, at their 
first meeting, or at any adjourned meeting, examine the route of 
the road, and cause a survey thereof to be made, and make their 
order establishing, altering, widening or vacating the road, according 
to the prayer of the petition, and return the same within the time 
and in the manner specified in this act. 

§ 51. Any person or persons interested in the establishment, 
alteration, widening or vacation of any road in this State, are hereby 
authorized to offer inducements to the commissioners for the estab- 
lishment, alteration, widening or vacation of any such road, by en- 
tering into contract with said commissioners, conditioned upon such 
establishment, alteration, widening or vacating, to pay money or 
other valuable thing to the town, for the benefit of the road and 
bridge funds of the same ; or to perform any labor, or to construct 
any road, bridge or culvert on any road which said person or per- 
sons desire to have established, widened or altered. And such con- 
tracts in writing, made with said commissioners, shall be deemed 
good and valid in law, and may be enforced by said commissioners 
or their successors in office, before any court having jurisdiction. 

§ 52. The records of the town clerk, or a certified copy of such 
record and papers relating to the establishment, location, alteration, 
widening or vacation of any road, shall be prima facie evidence in 
all cases that all the necessary antecedent provisions had been 
complied with, and that the action of the commissioners or other 
persons and officers, in regard thereto, was regular in all resj^ects. 



EOADS, HIGHWAYS AND BRIDGES. 351 



§ 53. Whenever a public road is ordered to be established or 
altered, according to the provisions of this act, which road shall 
pass through or on enclosed land, the commissioners of highways 
shall give the owner or occupant of such land sixty days' notice in 
writing to remove the fences. If such owner or occupant does not 
remove the fence or fences within sixty days after such notice, the 
commissioners shall have the same removed and direct the road to 
be opened and worked ; the owner of such premises shall pay all 
necessary costs of removal, and the same may be recovered by the 
commissioners before any justice of the peace of the county. 

§ 54. Roads for private and public use, of the width of three 
rods or less, may be laid out from one dwelling or plantation of an 
individual to any public road, or from one public road to another, 
or from a lot of land to a public road, on petition to the commis- 
sioners by any person directly interested. The commissioners, on 
receiving such petition, shall have power to lay out the road as 
asked for therein, to which end they shall proceed and examine 
into the merits of the case, and shall be governed in their proceed- 
ings by the rules and regulations prescribed in this act in relation 
to public roads. The jury shall consider the damages that may 
result to parties from said proposed road, and shall assess the 
damages to each individual owner of lands affected thereby. The 
amount of such damages shall be paid by the persons benefited 
thereby, to the extent and in proportion that they are benefited, to 
to be determined and declared by the jury. The remainder of the 
amount of damages over and above that to be paid by the parties 
as aforesaid, shall be paid by the town as in other cases. The 
amount of damages to be paid by individuals shall be paid to the 
parties entitled thereto, before the road shall be opened for use. 
An appeal may be taken on the question of the propriety and ne- 
cessity of such road as in other cases. 

§ 55. If such road or cartway shall not be opened by the pe- 
titioners within two years from the time of making the order for 
the location of the same, such order shall be regarded as rescinded. 

§ 56. When such road or cartway is proposed to pass over in- 
closed lands, the owners of such lands f hall have a reasonable 
time, not exceeding eight months, to be designated by the commis- 
sioners, to harvest crops and remove fences which may be on such 
lands before such road or cartway shall be opened. 

§ 57. Public roads may be established, altered, widened or va- 
cated on township or county lines, or from one township into an- 
other, in the same manner as other public roads, except that in 
such case a copy of the petition shall be posted up in, and pre- 
sented to the commissioners of each town interested, said petition 
to be as in other cases, and signed by not less than twelve land- 
owners residing in either county within three miles of the road so 
to be altered, widened, located or laid out ; whereupon it shall be 
the duty of the commissioners of the several towns to meet and 
act as one body, in the same time and manner as in other cases, 
in considering the petition, viewing the premises, adjusting dam- 
ages, and making all orders in reference to such proposed road, al- 
teration, widening or vacation, and a majority of all such commis- 



152 ROADS, HIGHWAYS AND BRIDGES. 



sioners must concur in all such orders ; and a copy of all final orders 
and plats and papers shall be filed and recorded in each of the 
counties and towns interested. 

§ 58. The commissioners shall also, in case a new road is estab- 
lished, allot to ea*ch of such towns the part of such road which each 
of. such towns shall open and keep in repair, and the part so al- 
lotted shall be considered as wholly belonging to such town. They 
shall also divide the expenses and damages which may accrue from 
such location, widening or alteration, and if they cannot agree, they 
shall refer the matter to three disinterested land owners, as arbitra- 
tors, whose decision shall be final. 

§ 59. Any person or persons interested in the decision of the 
commissioners in determining to, or in refusing to lay out, alter, 
widen or vacate any road, or revoking any previous order or de- 
cision relative to any road, or in the verdict of any jury in assess- 
ing damages in opening, altering or vacating any road, may appeal 
from such decision to three supervisors of the county, outside of the 
town or towns in which such road or proposed road is located, 
within ten days after such decision has been filed in the office of 
the town clerk, by filing a written petition with some justice of the 
peace of the county, asking for an appeal, and stating on what 
ground such appeal is taken. 

§ 60. It shall be the duty of the justice of the peace to cause 
to be summoned three supervisors of the county, to hear such ap- 
peal ; and he shall fix in such summons upon a time and place, 
near the road in question, when such appeal will be heard by them; 
and, at least three days before such trial, shall give a written notice 
to the said commissioners, and to at least three of the petitioners, 
of the time and place of said trial ; and upon such appeal the said 
supervisors shall have the same power and authority that is by this 
act conferred on the commissioners, not only in regard to the lay- 
ing out, altering, widening or vacating any road, but shall have the 
same power to cause a jury to be called to assess damages, when- 
ever the state of the proceedings require it, and the supervisors 
cannot agree with the owners of the land in regard to the same. 

§ 61. The decision of a majority of the supervisors in any appeal 
case shall be taken as the decision of said supervisors ; and they 
shall make a report of their proceedings and decision in the case, 
and in like manner that is by this act required of the commission- 
ers, and shall be entitled to two dollars and fifty cents per day. 
Their decision shall be final in regard to laying out, altering, widen- 
ing or vacating such road, or in refusing to do the same. 

§ 62. Any parties taking an appeal from the award of the de- 
cision of the commissioners, or the verdict of the jury, shall file a 
sufficient bond with the justice of the peace or town clerk before 
taking such appeal, conditioned for the payment of the cost of such 
appeal, in case the decision of the commissioners or the verdict of 
the jury is in all things sustained, or the appeal dismissed; if the 
award of the highway commissioners, or verdict of the jury, shall 
not be sustained, the town shall pay the cost of such appeal. 

§ 63. When the commissioners of one town disagree with the 
commissioners of an adjoining town in regard to the laying out of 



ROADS, HIGHWAYS AND BRIDGES. 153 



a new road, or the alteration, widening or vacation of an old road 
on any county or town line, appeals may be taken from such de- 
cision, in the same manner as where the road is wholly in one 
town. When such decision is in regard to a road on a county line, 
two supervisors shall be selected from one county and one super- 
visor shall be selected from the other, by the justice of the peace, 
who shall issue his summons accordingly. 

§ 61. All roads heretofore laid out upon town or county lines, 
shall be divided, allotted and kept in repair in the manner as here- 
inbefore directed. Any public road that is. or shall hereafter be 
laid out on a county or town line, shall be held to be a road on a 
county or town line, although owing to the topography of the ground 
along said county or town line, or at the crossing of any stream of 
water, the proper, authorities, in establishing or locating such road, 
may have located a portion of the same to one side of such county 
or town line'. 

§ 65. Roads may be laid out and opened upon the line between 
this and any adjoining State, as provided in the preceding sections, 
whenever the laws of such adjoining State shall be applicable. 

§ 66. The commissioners shall each receive for their services the 
sum of one dollar and fifty cents per day for each day necessarily 
employed in the performance of their duties, upon a sworn state- 
ment to be filed by each commissioner in the town clerk's office, 
showing the number of days he was employed, and the kind of em- 
ployment, and giving the dates thereof. 

§ 67. If the commissioners shall willfully refuse or neglect to 
perform any of the duties enjoined on them by this act, they shall 
severally forfeit not less than ten dollars nor more than fifty dol- 
lars, and may be proceeded against in the name of the town, sever- 
ally or jointly, for the recovery of such forfeiture before any justice 
of the peace in the proper county having jurisdiction. 

Laws of the Road. 

§ 68. The term "carriage," 'as used in this act, shall be con- 
strued to include stage coaches, wagons, carts, sleighs, sleds and 
every other carriage or vehicle used for the transportation of pas- 
sengers and goods, or either of them. 

§ 69. Nothing contained in this act shall interfere with or affect 
any law concerning hackney coaches or carriages in any of the 
cities of this State, nor interfere with nor affect the laws or ordi- 
nances of any such city for the licensing or regulating such coaches 
or carriages. Justices of the peace shall have jurisdiction in all 
cases arising under this act, where the penalty does not exceed their 
jurisdiction. 

§ 70. For destroying or defacing any guide-board, post, or mile- 
stone, or any notice or direction put up on any bridge or otherwise, 
by or with the authority of the commissioners, the offender shall 
forfeit a sum not less than three dollars nor more than fifty dollars. 

§ 71. If any person shall injure or obstruct a public road by 
felling a tree or trees in, upon or across the same, or by placing 
or leaving any other obstruction thereon, or encroaching upon the 
same with any fence, or by plowing or digging any ditch or other 
opening thereon, or by turning a current of water so as to saturate 



154 ROSDS, HIGHWAYS AND BE:DGES. 



or wash the same, or shall leave the cuttings of any hedge thereon 
for more than ten days, they shall forfeit for every such offense a 
sum not less than three dollars nor more than ten dollars, and in 
case of placing any obstr action on the highway, an additional sum 
of not exceeding three dollars per day for every day he shall suffer 
such obstruction to remain after he has been ordered to remove the 
same by any of the commissioners ; complaint to be made by any 
person feeling himself aggrieved : Provided, this section shall not 
apply to any person who shall lawfully fell any tree for use, and 
will immediately remove the same out of the road, nor to any per- 
son through whose land a public road may pass, who shall desire 
to drain his land, and shall give due notice to the commissioners 
of such intention : And, provided, further, that the commissioners, 
after having given reasonable notice to the owners, or person so 
obstructing or plowing or digging ditches upon such road, of the 
obstruction, may remove any such fence or other obstruction, fill 
up any such ditch or excavation, except ditches necessary to the 
drainage of an adjoining farm emptying into a ditch upon the 
highway, and recover the necessary cost of such removal from such 
owner or other person obstructing such road aforesaid, to be col- 
lected by said commissioners before any justice of the peace having 
jurisdiction. 

§ 72. It is hereby declared unlawful for any land owner, renter 
or other person, to deposit in a public road, weeds, trash, garbage 
or any offensive matter, and any person so offending shall be liable 
to a penalty of not less than three dollars nor more than ten dol- 
lars ; but this shall not apply where proper deposits may be made 
in good faith and in a proper manner to repair the roads. 

§ 73. If any person shall purposely destroy or injure any side- 
walk, public bridge, culvert or causeway, or remove any of the 
timber or plank thereof, or obstruct the same, he shall forfeit a 
sum not less than three nor more than one hundred dollars, and 
shall be liable for all damages occasioned thereby, and all neces- 
sary costs for rebuilding or repairing the same. 

§ 74. All suits for the recovery of any fine or penalty under this 
act, shall be brought in the name of the town in which the offense 
is committed, before any justice of the peace or police magistrate 
within the town, who shall have jurisdiction in such cases to the 
extent of their jurisdiction in other cases ; and it shall be the duty 
of the commissioners to seasonably prosecute for all fines and pen- 
alties under this act ; but in case of a failure of said officers to so 
prosecute, complaint may be made by any person : Provided, said 
person shall, before bringing suit in the name of the town, give a 
bond for costs, as is provided for in the case of non-residents. But 
whenever any person shall enter complaint to any commissioner, it 
shall be the duty of such commissioner to at once proceed to inves- 
tigate as to the reasons of such complaint, and if such complaint 
is found to be just, he shall at once proceed to prosecution : Pro- 
vided, further, that the commissioners may sue and be sued on all 
contracts entered into by them for the construction and repairing 
of roads and bridges, and the judgment in any such case against 
the commissioners shall be a town charge. 



EOADS, HIGHWAYS AND BRIDGES. 155 



§ 75. All fines recovered under the provisions of this act, unless 
otherwise provided, shall be paid over to the treasurer of the com- 
missioners of the town where the offense is committed, to be 
expended upon the roads and bridges in the town. 

§ 76. Any person owning, using or occupying lands on both 
sides of any public highway, shall be entitled to the privilege of 
making a crossing under said highway for the purpose of letting 
his cattle and other domestic animals cross said road : Provided, 
said person shall erect, at his own expense, a good and substantial 
bridge, with good railings on each side thereof, and build an em- 
bankment, of easy grade, on either side of said bridge ; said bridge 
to be not less than sixteen feet wide, and to be approved by the 
commissioners of the town in which said bridge is built, and the 
same to be kept constantly in good repair by the owner or occupant 
of said land, the construction subject always to the consent and 
approval of the commissioners of said town: And, provided, further, 
that in case such crossing is made on any water-way or natural 
channel for water, and where a culvert or bridge is maintained as 
required for road purposes, said owners or occupants shall not be 
required to pay for or construct any more of said crossing than the 
additional cost of such crossing over and above the necessary cost 
of a suitable culvert or bridge for road purposes at such place. 

§ 77. Whenever any persons, traveling with any carriages, shall 
meet on any turnpike, road or public highway, in this State, the 
persons so meeting shall seasonably turn their carriages to the right of 
the beaten track, so as to permit each carriage to pass without interfer- 
ing or interrupting, under the penalty of five dollars for every neglect or 
offense, to be recovered by the party aggrieved : Provided, this sec- 
tion shall not be construed to apply to a case where it is impracti- 
cable from the nature of the ground for the driver of the carriage 
or wagon to turn to the right of the beaten track. 

§ 78. No person owning any carriage, running or traveling upon 
any road in this State for the conveyance of passengers, shall 
knowingly employ, or continue in employment, any person to drive 
such carriage who is addicted to drunkenness or the excessive use of 
spirituous liquors ; and if any such owner shall violate the provisions of 
this section, he shall forfeit at the rate of five dollars per day for 
all the time he shall keep such driver in his employment. Any 
person driving his own team, or the team of another, on the pub- 
lic highway, when intoxicated, shall be subject to a fine of not less 
than three dollars, nor more than twenty-five dollars, for each' 
offense. 

§ 79. That an act entitled "An act in regard to roads and bridges 
in counties under township organization," approved May 28, 1879, 
in force July 1, 1879, and all other acts or parts of acts inconsistent 
herewith, be and the same are hereby repealed: Provided, that the 
repeal of said act shall not affect any suit or proceedings pending, 
or impair any right existing at the time this act shall take effect : 
And, provided, also, that the overseers of highways in office, when 
this act takes effect, shall continue in office till the expiration of 
their terms, and the road tax and road labor then due shall not be 
released from its obligations, and the delinquent list shall be duly 



156 ROADS, HIGHWAYS AND BRIDGES. 



returned, and collected as now provided, the avails of which shall 
be paid to the treasurer of the commissioners. 

Labor System. 

§ 80. On petition of not less than twenty-five legal voters of any 
town in this State, in counties where township organization has 
been or may be hereafter adopted, asking to have the proposition to 
pay in labor the district labor and property road tax submitted to 
the legal voters of said town and filed with the town clerk not less 
than fifteen days before the last Tuesday in August, when it is de- 
sired to vote thereon at a special town meeting to be held on the 
last Tuesday in August, or not less than fifteen days before the an- 
nual town meeting, when it is desired to vote thereon at said 
annual town meeting, the town clerk shall thereupon call a special 
town meeting on said last Tuesday in August, or state in the notice 
of the annual town meeting, as the case may be, that the legal voters 
of such town may vote by ballot for or against the payment in labor 
of the district labor and property road tax ; and if a majority of all 
the ballots cast are for the payment in labor of the district labor 
and property road tax, then all the following sections of this act shall 
be in force in such town, otherwise they shall not be in force in 
any town in this State : Provided, the vote which may be taken 
under this section shall not effect the last section of this act, but 
the same shall be and remain in force. 

§ 81. The town clerk shall deliver the lists filed by the overseers 
to the commissioners of highways of the town, who shall proceed to 
ascertain, estimate and assess the highway labor and road tax to be 
performed, and paid in their town the next ensuing year. 

§ 82. Every able-bodied male inhabitant being above the age of 
twenty-one years and under the age of fifty, (excepting paupers, 
idiots, lunatics and such others as are exempt by law,) shall be re- 
quired to labor on the highways in their respective road districts 
not less than one nor more than three days in each and every year. 

§ 83. The commissioners of highways of each town shall annually 
ascertain, as near as practicable, how much money must be raised 
by tax on real and personal property, and railroad property known 
as "railroad track" and "rolling stock," for the making and repair- 
ing of roads only, to any amount they may deem necessary, not ex- 
ceeding forty cents on each one hundred dollars' worth, as equalized 
and. assessed by the State Board of Equalization, for the purposes of 
taxation for the previous year, and shall levy and assess the same as 
a road tax against said property : Provided, that the tax on the 
property levied for road purposes only, lying within an incorporated 
village, town or city in which the streets and alleys are under the 
care of the corporation, shall be paid over to the treasurer of such 
village, town or city, to be appropriated to the improvement of roads, 
streets and bridges, either within or without said village, town or 
city, and within the township, under the direction of the corporate 
authorities of such village, town or city: Provided, further, that 
when any of said tax is expended beyond the .limits of said village, 
town or city, it shall be with the consent of the road commissioners 
of the town : And, provided, further, that the authorities of such 



ROADS, HIGHWAYS AND BRIDGES. 157 



incorporated town, city or village may, at any time, direct the col- 
lector not to collect the tax so levied within the limits of buch 
incorporated town, city or village. 

§ 84. The commissioners of highways shall affix to the name of 
each person named in the lists furnished by the overseers, the num- 
ber of days assessed to each person for highway labor, and they 
shall make a list for each district, containing a description of each 
tract of land in the district, and the name of the owner, if known, 
and the name of the owner of any railroad property known as "rail- 
road track" and "rolling stock," and also a list of the names, in 
alphabetical order, of the personal property tax-payers, and shaJl 
set opposite each tract of land the valuation thereof, as taken from 
the assessment roll of the previous year as equalized by the State 
Board of Equalization, and opposite each tax-payer's name the 
amount of iris personal assessment on personal property as taken 
from said roll, and opposite the name of each owner of railroad 
property known as "railroad track" and "rolling stock," the valua- 
tion thereof, as assessed by the State Board of Equalization for the 
purposes of taxation for the previous year, and distributed by the 
county clerk, and opposite each valuation and assessment they shall 
extend the road tax assessed thereon in a separate column. The 
lists so prepared shall be subscribed by the commissioners, and 
deposited with the town clerk, to he filed in his office. 

§ 85. The commissioners shall direct the clerk of the town to 
make a copy of each list, and shall subscribe such copies, after 
which they shall cause the several copies to be delivered to the 
respective overseers of highways of the several districts in which the 
highw T ay labor is assessed. One copy for each overseer shall contain 
the name and number of days assessed to each person, the other, 
the real and personal property road tax. 

§ 86. It shall be the duty of the overseers to add the names of 
persons left out of any such list, and of new r inhabitants, and to 
rate the persons so added in the same proportion to work on the 
highways as others rated by the commissioners on such list, subject 
to an appeal to the commissioners. 

§ 87. It shall be the duty of the commissioners of highways of 
each town to credit such persons as live on private roads and work 
the same, so much on account of their assessment as such com- 
missioner shall deem necessary to work such private road, or to 
annex such private road to some of the highway districts. 

§ 88. The town clerk shall, within ten days after the commis- 
sioners of highways have filed in his office the amount of road tax 
assessed on the real and personal estate of the towns, post a notice 
on the outer door of the house where the town meeting was last 
held, and two other public places in said town, stating the amount 
of road tax assessed on each one hundred dollars' worth of real and 
personal estate of the town, and that persons interested can pay 
the same in labor on the highways under the direction of the over- 
seer of highways in the district where the land or personal prop- 
erty is situated. , 

§ 89. If the commissioners of highways shall refuse or neglect 
to perform any of the duties enjoined on them by this act, they 



158 ROADS, HIGHWAYS AND BRIDGES. 



shall severally forfeit not less than ten dollars, nor more than fifty 
dollars, and may be proceeded against, severally or jointly, for the 
recovery of such forfeiture before any justice of the peace in the 
proper county having jurisdiction. 

§ 90. The commissioners of highways in each town shall appoint 
as many overseers of highways as there are road districts in the 
town ; and each overseer of highways so chosen shall be a resident 
of the road district for which he is appointed, and shall hold his 
office for one year. 

§ 91. It shall be the duty of overseers of highways in each town : 

First — To repair and keep in order the highways within their 
several districts for which they shall have been appointed. 

Second — To warn all persons from whom road labor is due, to 
work on the highways at such times and places within their several 
districts as they may think proper. The overseers of highways may 
contract with persons owing poll tax for road purposes, to perform 
a certain amount of labor on any road or bridge in their town or 
road district for the amount of such tax; and if the work is done 
within the time that the money should have been paid, the over- 
seer shall give such person a receipt for such labor done or per- 
formed. 

Third — To collect all fines and commutation money, and to exe- 
cute all lawful orders of the commissioners of highways. 

Fourth — To deliver to the clerk of the town, within ten days after 
their appointment, a list subscribed by such overseers, of the names 
of all the inhabitants in his road district w r ho are liable to work on 
highways. 

§ 92. If any person chosen or appointed to the office of overseer 
of highways shall refuse to serve, or if his office shall become va- 
cant, the commissioners of highways of the town shall, by warrant 
under their hands, appoint some other person in his stead ; and the 
overseer so appointed shall have the same powers, be subject to the 
same orders and liable to the same penalties as overseers originally 
appointed. 

§ 93. The commissioners making appointment shall cause such 
warrant to be forthwith filed in the office of the town clerk, who 
shall give. notice to the person appointed as in other cases. 

§ 94. Every overseer of highways who shall refuse or neglect to 
perform any of the duties hereinbefore enumerated, or wdiich may 
be lawfully enjoined on him by the commissioners of highways of 
his town, shall, for every such refusal or neglect, forfeit tlie sum of 
ten dollars, to be sued for by the commissioners of highways of the 
town, and when recovered, to be applied by them in making and 
improving the roads and bridges therein. 

§ 95. It shall be the duty of overseers of highways to give at 
least three days' notice, either verbally or by leaving a written no- 
tice at their place of residence, to all persons assessed to work on 
the highways, and residing within limits of their respective districts, 
of the time and place when and where they are to appear for that 
purpose, and with what implements ; but no person being a resident 



ROADS, HIGHWAYS AND BRIDGES. 159 



of the town shall be required to work on any highways other than 
in the district in which he resides, except he resides in a district 
on a town line, which district belongs to an opposite town, and un- 
less he shall elect to work in same district where he has land ; and 
in said case he may, with the approbation of the commissioners of 
highways, apply the work assessed, in respect to such land in the 
district in whicii the same is situated : Provided, if the overseers of 
highways fail to perform their duty, the commissioners of highways 
shall have power to perform such duties, or cause the same to be 
performed, under such rules as they may prescribe. 

§ 96. Every person able to work on the highways, shall work the 
whole number of days for which he shall have been assessed ; but 
every such person other than an overseer of highways, may elect 
to commute for the same or for any part thereof, at the rate of one 
dollar per day; in which case such commutation money shall be 
paid to the overseer of highways of the district in which the person 
commuting shall reside, to be applied and expended by such over- 
seer in the improvement of the roads and bridges in the same 
district. 

§ 97. Any person intending to commute for his assessment or 
any part thereof, shall, within three days after he shall be notified 
to appear and work on the highways, pay the commutation money 
for the work required of him by such notice ; and the commutation 
shall not be considered as complete until such money be paid. 

§ 98. Every overseer of highways shall have power to require a 
team or a cart, wagon or plow, with a pair of horses or oxen, and 
a man to manage them, for any person having the same within his 
district, who shall have been assessed two days or more, and who 
shall not have commuted for his assessment ; and the person fur- 
nishing the same upon such requisition, shall be entitled to a credit 
of two clays for each clay's service therewith. 

§ 99. Every person assessed to work on the highways, and named 
to work, may appear in person, or by an able-bodied man as a sub- 
stitute, and the person or substiute shall actually work eight hours 
in each day, under a penalty of twenty-five cents for every hour 
such person or substitute shall be in default, to be imposed as a 
fine on the person assessed. 

§ 103. If any person, after appearing, remain idle, or not work 
faithfully, or hinder others from working, such offender shall, for 
every offense, forfeit to the town the sum of two dollars. 

§ 101. Every person so assessed and duly notified, who shall 
noc commute, and who shall refuse or neglect to appear as above 
provided, shall forfeit to the town, for every day's refusal or neg- 
lect, the sum of two dollars ($2.00). If he was required to furnish 
a team, carriage, man or implement, and shall refuse or neglect to 
comply, he shall be fined as follows : 

First — For wholly failing to comply with such requisition, four 
dollars ($4.00) for each day. 

Second — For omitting to furnish a pair of horses or oxen, one 
dollar and fifty cents ($1.50) for each day. 



130 ROADS, HIGHWAYS AND BRIDGES. 

Third— For omitting to furnish a man to manage the team, two 
dollars ($2.00) for each day. 

Fourth — For omitting to furnish a wagon, cart or plow, seventy- 
five cents (75c) for each day. 

§ 102. It shall be the duty of every overseer of highways, within 
six clays after any person assessed and notified shall be guilty of 
any refusal or neglect, for which a penalty or fine is prescribed' in 
this act, unless a satisfactory excuse shall be rendered to him for 
such refusal or neglect, to make complaint on oath, to any justice 
of the peace of the county : Provided, if the overseers of highways 
fail to perform their duty, as prescribed in this section, the com- 
missioners of highways shall have power to perform such duties. 

§ 103. The justice to whom such complaint shall be made, shall 
forthwith issue a summons, directed to any constable of the county, 
requiring him to summon such delinquent to appear within five 
days before such justice, according to law, for such refusal or neg- 
lect. 

§ 104. On the day of trial, the justice shall proceed to hear and 
determine the case according to law for the offense complained of, 
and shall forthwith issue an execution under his hand and seal, 
directed to any constable of the county where such delinquent shall 
reside, commanding him to levy such fine, with the costs of the 
proceeding, of the goods and chattels of such delinquent. No per- 
sonal property shall be exempt from levy of attachment or execu- 
tion when the judgment is for commutation of road or street labor: 
Provided, the court rendering the judgment shall find that the same 
is for road or street labor, which finding shall be expressed on the 
record of said judgment and indorsed upon the execution when is- 
sued. 

§ 105. The constable to whom such execution shall be delivered, 
shall forthwith collect the moneys therein mentioned. He shall pay 
the fine, when collected, to the justice of the peace who issued the 
execution, who is hereby required to pay the same to the oversee v 
who entered the complaint, to be by him expended in improving 
the roads and bridges in the district of which he is overseer. 

§ 108. Every fine collected for refusal or neglect to appear and 
work on the highways, shall be set off against his assessments or 
personal labor tax, upon which it was founded, estimating every two 
dollars collected as a satisfaction for one day's work. 

§ 107. The acceptance by an overseer of any excuse for refusal 
or neglect, shall not, in any case, exempt the person excused from 
commuting for or working the whole number of days for which he 
shall have been assessed during the year. 

§ 108. Every overseer of highways shall give at least three days' 
notice to each person residing in his district against whom a land, 
railroad property or personal property road tax is assessed, either 
personal or in writing, left at his usual place of abode, of the time 
when and the place where he may appear and pay his road taxes 
in labor, and with what implements ; and he may require of all 
persons appearing to pay their taxes in labor to furnish a spade, 
shovel, axe or hoe, and if any such person be tbe owner of a team, 



ROADS, HIGHWAYS AND BRIDGES. 161 



plow, wagon, cart or other implement useful for working the high- 
ways, he may require such person to furnish any of them if his 
road taxes are not less than three dollars.- And every such person 
may appear at the time and place and with such implements and 
teams as the overseer in his notice shall have required, and work 
in person or by an able-bodied substitute ; and every such person 
who shall so appear and work agreeable to the directions of such 
overseer of the highways in his district, shall be credited on his 
road tax one dollar and twenty-five cents for every day he shall 
actually work eight hours, and at that rate for less time, and 
twenty-five cents a day for every wagon or plow, and one dollar a 
day for each yoke of oxen, and one dollar and twenty-five cents a 
day for each span of horses or mules he shall furnish agreeably to 
the requirements of said overseer : Provided, that any person may 
elect to pay such tax to the overseer in money : Provided, further, 
if the overseers of highways fail to perform their duty, the commis- 
sioners of highways shall have power to perform such duties, or 
cause the same to be performed under such rules as they may pre- 
scribe. 

§ 109. It shall be the duty of the overseer of highways, when 
such land or railroad property tax has been paid either in money 
or labor, to write the word '"paid" distinctly against each name or 
tract on his list on which the same has been paid, and give a re- 
ceipt for the same, whether paid in labor or money, when demanded. 

§ 110. Every overseer of highways shall deliver to the supervisor 
of his town, and in Cook county to the county board, at least five 
days previous to the annual meeting of the board of supervisors, 
the lists furnished by the commissioners of highways, containing 
the land and personal property road tax, with an affidavit thereto, 
sworn to before the supervisor of the town, or some justice of the 
peace of the county, that on all tracts of land or railroad property 
on such list opposite which the word "paid" is written, such tax is 
paid, and that on all tracts of land or railroad property on such 
list opposite which the word "paid" is not written, such tax is due 
and remains unpaid, according to the best of his knowledge and 
belief. 

§ 111. If any overseer shall refuse or neglect to deliver such list 
to the supervisors as provided in the last preceding section, or shall 
neglect or refuse to make the affidavit as therein directed, he shall, 
for every such offense, forfeit the sum of five dollars, and also the 
amount of taxes remaining unpaid, to be recovered by the commis- 
sioners of highways of the town, to be applied by them in improv- 
ing the roads and bridges of such town. 

§ 112. It shall be the duty of every overseer of highways to have 
at least three-fourths of the road labor assessed in his district, 
worked out or actually expended on the highways, previous to the 
first day of September in every year. 

§ 113. Every overseer of highways shall, on the second Tuesday 
next preceding the time of holding the annual town meeting in his 
town, within the year for which he is elected or appointed, render, 
under oath, to one of the commissioners of highways of the tow r n,- 
an account in writing, containing : 
—11 



162 ROADS, HIGHWAYS AND BRIDGES. 



First — The names of all persons assessed to work on the highways 
in the district to which he is overseer. 

Second — The names of all those who have actually worked on the 
highways, with the number of days they have actually worked. 

Third — The names of all those who have been fined, and the sums 
in which they have been fined. 

Fourth — The names of all those who have commuted, and the 
manner in which the moneys arising from fines and commutations 
have been expended by him. 

Fifth — The amount of uncollected road tax which he has returned 
to the supervisors of the town, as required in section one hundred 
and ten of this act. 

§ 114. Every such overseer shall also, then and there, render an 
account, in writing, of all moneys in his hands by virtue of his 
office, and shall also pay over the same to his successor in office. 

§ 115. If any overseer shall refuse or neglect to render such 
account, or if, having rendered the same, he shall refuse or neglect 
to pay any balance which may then be due from him, he shall, 
for every such offense, forfeit the sum of five dollars, to be recov- 
ered with the balance of the moneys remaining in his hands, by 
the commissioners of highways of the town, and to be applied in 
making and improving the roads and bridges. It shall be the duty 
of the commissioners to prosecute for such penalty in every in- 
stance of such refusal or neglect. 

§ 116. It shall be the duty of the supervisors of the several 
towns to receive the list of the overseers of highways when deliv- 
ered, pursuant to section one hundred and ten of this act, and to 
lay the same before the board of supervisors of the county. 

§ 117. It shall be the duty of the board of supervisors, and in 
Cook county, the county board, to cause the amount of arrearages 
of the road tax returned by the overseer of highways, to the super- 
visors, as provided in section one hundred and ten of this act, to be 
levied on the lands returned, and to be collected in the same man- 
ner that other taxes of the county are levied and collected, and to 
order the same, when collected, to be paid over to the commissioners 
of highways of the town, except such portion of such tax as is 
hereinbefore directed to be paid to the authorities of incorporated 
villages, towns and cities, to be by them applied to the construction 
of roads and bridges. 

§ 118. Each and every overseer of highways shall be entitled to 
one dollar and twenty-five cents ($1.25) per day for every day he 
is necessarily employed in the execution of the duties of overseer, 
exceeding the amount of his highway labor and road tax, the num- 
ber of days to be accounted to and audited by the commissioners 
of highways : Provided, that the number of days to be audited 
shall be left discretionary with the commissioners of highways. 



KOADS. HIGHWAYS AND BRIDGES. 163 



§ 119. The highway commissioners of each town shall, annually, 
ascertain as near as practicable, how much money must be raised 
by tax on real, personal and railroad property, for the making and 
repairing of bridges, the payment of damages by reason of the 
opening, altering and laying out of new roads and ditches, the pur- 
chase of the necessary tools, implements and machinery for working 
roads, the purchase of the necessary material for building or repair- 
ing or draining roads and bridges, the pay of the overseer of high- 
ways during the ensuing year, and for the payment of all outstanding 
orders drawn by the commissioners on their treasurer, commencing 
on Tuesday next preceding the annual meeting of the county board 
in September, which tax shall be extended on the tax books, accord- 
ing to the assessment of the current year ; and shall levy a tax on 
all the real, personal and railroad property in said town, not 
exceeding forty cents on the one hundred dollars ; and they shall 
give to the supervisor of the township, and in Cook county to the 
county board, a statement of the amount necessary to be raised, 
and the rate per cent, of taxation, signed by said commissioners, 
or a majority of them, on or before the Tuesday next preceding the 
annual September meeting of the board of supervisors, or the county 
board of Cook county, who shall cause the same to be submitted to 
said board for their action at such September meeting of said board : 
Provided, that if the commissioners of highways, or any three legal 
voters, shall give notice by posting notices in at least three of the 
most public places of the town, at least ten days before the annual 
town meeting, that a larger amount of money will be required for 
the purpose of constructing or repairing roads or bridges in their 
town than can be realized from the real, personal and railroad 
property tax authorized by law to be assessed by the commissioners, 
the legal voters present at such meeting may authorize an additional 
amount to be raised by tax, not exceeding forty cents on each one 
hundred dollars' valuation, and said board shall cause the same to 
be extended on the tax books. 

§ 120. The town clerk of each town shall, on or before the first 
day of September next, and annually, thereafter, (if the boundary 
line be changed,) furnish to the county clerk a certified plat of the 
several road districts of his town. ' 

§ 121. In all counties acting under township organization, the 
county clerk, in extending district road tax upon the tax books, 
shall designate to what district said tax belongs. 

§ 122. It shall be the duty of county and township collectors to 
make out an abstract of the amount of district road tax due to each 
district of the respective townships, and deliver the same to the 
treasurer of the commissioners of highways. 

§ 123. The treasurer of the commissioners of highways shall pay 
over the district road tax according to the abstracts as furnished 
above, upon the written orders of the various overseers of roads for 
work done in their respective districts, when said orders are approved 
in writing by a majority of said commissioners. 

§ 124. That an act entitled "An act in regard to roads and bridges 
in counties under township organization," approved May 28, 1879, 
in force July 1, 1879, and all other acts or parts of acts inconsistent 



164 SCHOOLS. 



herewith, be and the same are hereby repealed : Provided, that the 
repeal of said act shall not affect any suit or proceedings pending, 
or impair any right existing at the time this act shall take effect : 
And, provided, also, that the overseers of highways in office when 
this act takes effect, shall continue in office until the expiration of 
their terms, and the road tax and road labor then due shall not be 
released from its obligations, and the delinquent list shall be duly 
returned and collected as now provided, the avails of which shall be 
paid to the treasurer of the commissioners. 

Approved June 23, 1633. 



SCHOOLS. 



BOURBON DISTRICT. 

§ 1. Repeals the act of 1869 creating the Bourbon School District. 

An Act to repeal an act entitled "An act to create a school district for 
the township of Bourbon, Douglas county, Illinois, to be known as 'The 
Bourbon School District,'' " in Jorce March 26, 1869. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That an act entitled "An act to 
create a school district for the township of Bourbon, Douglas county, 
Illinois, known as the 'Bourbon School District,' " be and the same 
js hereby repealed. 

Approved May 22, 1883. 



LOANING funds. 

§ 1. Requires that the loaning of all § 2. Emergency, 

funds be regulated by the school 
laws. 

An Act to regulate the loaning oj school funds. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cases where school 
funds are held by any person or persons in an official capacity, 
by virtue of any special charter denning the manner of loaning 
the same, such moneys may be loaned upon the same terms and 
conditions as are now provided, or may hereafter be provided, by 
the school laws of this State. 

§ 2. Whereas, a large portion of the funds of certain school 
districts are now lying idle in the treasuries of said districts, because 



SCHOOLS. . 165 



of the inability to loan said funds under certain special school laws, 
therefore an emergency exists, and this act shall take effect and be> 
in force from and after its passage. 

Approved March 20, 1833. 



DISTRICTS. 
§ 1. Providing for forming districts containing less than 400 inhabitants. 

An Act to provide a way by ivhich the people of any territory lying 
within three or more school districts and in three or more townships, 
containing not less than four hundred inhabitants, may be organized 
into a school district. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That when the people in any ter- 
ritory lying in three or more school districts and in three or more 
townships, which territory has not less than four hundred inhabi- 
tants, shall petition the trustees of the township or townships in 
which the districts affected lie, to organize said territory into a school 
district, the trustees shall grant the petition, and shall organize 
said territory into a school district, provided the petition shall be 
signed by not less than two-thirds of the legal voters living in said 
territory: Provided, also, that the petition or petitions for such 
new district shall be presented to the trustees, and notice of them 
given to the directors of the districts affected, in the manner fixed 
by section thirty-three of the general school law, for presenting and 
giving notice of petitions for changes of district boundaries ; and 
that a division of property, and adjustment of existing debts, be- 
tween the new district and the district or districts, a part of whose 
territory is taken, shall be made in the way provided in said sec- 
tion thirty- three for the division of property and adjustment of 
debts when a new district is formed : Provided, farther, that in the 
formation of a new district under this act, territory shall not be 
taken from any existing district so as to leave it with less than 
twenty families residing within that part of the district not taken, 
nor with taxable property of an assessed value of less than fifty thou- 
sand dollars ($50,000), as ascertained by the last assessment for 
State and county taxes, previous to the presentation of the petitions 
for the new district. When a district is organized under this act, 
it shall be the duty of the trustees to order an election of a school 
board in the newly constituted district, in the manner provided in 
the general school law for calling elections in new districts ; and it 
shall be the duty of the clerk or clerks of the trustees to file a 
map or maps, and records, as provided in section thirty-three of 
the school law in case of changes of district lines. 

Approved June 18, 1833. 



166 SCHOOLS. 



TEACHERS INSTITUTES. 

§ 1. Amend section 51 of the School law, authorizing county superintendents to charge 
one dollar tee for each teacher's certificate issued.— The money received to 
provide a fund for holding teachers' institutes.— The county superintendent is 
required to hold such institutes annually. 

An Act to amend section fifty-one (51) of an act entitled "An act to 
establish and maintain a system of free schools," approved April 1, 
1872, in force July 1, 1872, and amended by an act approved 
June 3, 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 fifty-one (51) of 
an act entitled "An act to establish and maintain a system of free 
schools," approved April 1, 1872, in force July 1, 1872, and amended 
by an act approved June 8, 1879, in force July 1, 1879, be amended 
to read as follows : 

"Sec. 51. It shall be the duty of the county superintendents to hold 
meetings at least quarterly, and oftener if necessary, for the exam- 
ination of teachers, on such days and at such places in the respec- 
tive counties as will, in their opinion, accommodate the greatest 
number of persons desiring such examination. Notice of such meet- 
ings shall be published a sufficient length of time, in at least one 
newspaper of general circulation, the expense of such publication 
to be paid out of the school fund. The county superintendent shall, 
in all cases, require the payment of a fee of one dollar from every 
applicant for examination for a teacher's certificate, and for each re- 
newal of such a certificate, he shall require the payment of a fee of one 
dollar. All moneys so received, and the registration fees hereinafter 
provided for, he shall transmit monthly to the county treasurer, to be 
by him held and designated as the institute fund, and with the same, 
the county superintendent shall give the treasurer a list of the names 
of the persons paying such fees. Said fund shall be paid out by the 
county treasurer, only upon the order of the county superintendent, 
and only to defray the expenses of the teachers' institutes, which the 
county superintendent is by this section authorized to hold. The 
county superintendent shall take vouchers for all payments made out 
of the institute fund, and he shall render an account of such dis- 
bursements with vouchers for the same to the county board at their 
regular meeting in September, annually. The county superintendent 
shall hold, annually, a teachers' institute, continuing in session not 
less than five days, for the instruction of teachers and those who may 
desire to teach, and with the concurrence of the State Superintendent 
of Public Instruction, procure such assistance as may be necessary 
to conduct the same at such time as the schools in the county 
are generally closed : Provided, that two or more adjoining counties 
may hold an institute together. At every such institute instruction 
shall be free to such as hold certificates good in the county (or 
counties, where two or more join to hold an institute) in which the 
institute is held ; but the county superintendent shall require all 
others attending, to pay to him a registration fee of one dollar, ex- 
cept those who have paid an examination fee as required by this 
act, and failed to receive a certificate." 

Approved June 23, 18S3. 



SCHOOLS. 



167 



COMPULSORY EDUCATION. 



§ 1. Children between the ages of 8 and 
14 years required to be sent to 
school not less than 12 weeks in 
each year unless excused. 

§ 2. Exemptions under this act. 



§ 3. Penalties for violation of this act. 

§ 4. School directors and boards of edu- 
cation charged with the execution 
of this act— penalties for neglect. 



An Act to secure to all children the \benefit of an elementary education. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That every person having the 
control and charge of any child or children, between the ages of 
eight and fourteen years, shall send such child or children to a 
public or private school for a period of not less than twelve weeks 
in each school year, unless such child or children are excused from 
attending school by the board of education, or school directors of the 
city, town or school district in which such child or children reside. 
Such excuse may be given by said board of education or school 
directors for any good cause shown why said child or children shall 
not be required to attend school in conformity with this act. 

§ 2. It shall be a good defense to any suit brought under this 
act, if the person under whose control such child or children are, 
can show that the mental or bodily condition of such child or child- 
ren is such as to prevent its attendance at school or application 
to study for the period required by this act, or, that such child or 
children has been taught in a private school, or at home for the time 
specified in this act, in such branches as are ordinarily taught in 
primary or other schools, or has acquired the branches of learning 
ordinarily taught in public schools, or that no public school has 
been taught within two miles, by the nearest traveled road, of the 
residence of such child or children, within the school district in 
which said child or children reside, for twelve weeks during the 
year. 

§ 3. If any person having the control and charge of any child or 
children shall fail or neglect to comply with the provisions of this 
act, said person shall pay a fine of not less than five nor more than 
twenty dollars. Suit for the recovery of the fine and costs shall be 
brought by any director, or member of any board of education, of 
the district in which such person resided at the time of the com- 
mittal of the offense, before any justice of the peace of said town- 
ship Jurisdiction is hereby conferred on all justices of the peace 
in this State for the enforcing of this act. Such fine shall be paid, 
when collected, to the school treasurer of said township, to be ac- 
counted for by him as other school money raised for school purposes. 

§ 4. It is hereby made the duty of school directors and mem- 
bers of the boards of education to prosecute offenses occurring under 
this act. The neglect so to prosecute by any school director, or 
member of any board of education, within twenty days after writ- 
ten notice has been served on such director, or member of such 
board of education, by any tax payer residing in such district, that 
any person has violated this act, shall subject him or them to a 
fine of ten dollars, to be sued for by any tax payer residing in the 



168 



SCHOOLS. 



school district where the violation of this act occurred, before any 
justice of the peace in the township where the said school district 
may be located ; and when such tine is collected it shall be reported 
by said treasurer, and accounted for as other money raised for school 
purposes, and become a part of the school fund of said township. 
Approved June 23, 1883. 



B05S TRAINING SCHOOLS. 



§ 1. Incorporation authorized. 

§ 2. Object— how maintained. 

§ 3. Petition to inquire into dependency 
— description of dependents. 

§ 4. Hearing by court and jury upon peti- 
tion—commitment. 

§ 5. Appointment of guardians. 

§ 6. Warrants for commitment. 

§ 7. Superintendent of schools shall 
receipt for boys committed. 

§ 8. Fees for conveying dependent boys 
to school. 



§ 9. 

§ 10. 

§ 11. 

§ 12. 

§ 13. 



Expenses of support paid by coun- 
ties. 

Officers and managers of school 
shall receive boys committed and 
have control and custody. 

Boys may be placed in homes or 
apprenticed to trades. 

"Discharge of inmates. 

Visitation and supervision of Board 
of Public Charities— State appro- 
priations prohibited. 



An Act to provide for and aid training schools for boys. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That any seven or more per- 
sons, residents of this State, who may organize, or have organized, 
under the general laws of the State relating to corporations, for the 
purpose of establishing, maintaining and carrying on a training 
school for boys, shall have, under the corporate name assumed, all 
the powers, rights and privileges of corporations of this State, not 
for pecuniary profit : Provided, however, that any persons organized, 
or who may hereafter organize as above set forth, desiring to avail 
themselves of the provisions of this act, shall first obtain the con- 
sent of the Governor thereto, in writing, which consent must be 
tiled in the office of the Secretary of State. 

§ 2. The object of training schools for boys shall be to provide 
a home and proper training school for such boys as may be com- 
mitted to their charge ; and they shall be maintained by voluntary 
contributions, excepting as hereinafter provided. 

§ 3. Any responsible person a resident of any county in this 
State, may petition the county court, or any court of record of said 
county, to inquire into the alleged dependency of any boy then 
within the county, and every boy who shall come within the follow- 
ing descriptions shall be considered a dependent boy, viz : Every 
boy who frequents any street, alley or other place for the purpose 
of begging or receiving alms ; or who shall have no permanent place 
of abode, proper parental care or guardianship, or sufficient means 
of subsistence ; or who from other cause shall be a wanderer 
through streets and alleys, or other public places ; or who shall live 



SCHOOLS. 169 



with, or frequent the company of, or consort with reputed thieves 
or other vicious persons. The petition shall also state the name of 
the father and mother of the boy, if living and if known, or if 
either be dead, the name of the survivor, if known ; and if neither 
the father nor mother of the boy be living, or to be found in the 
county, or their names to be ascertained, then the name of the 
guardian, if there be one. If there be a parent living, whose name 
can be ascertained, or a guardian, the petition shall set forth not 
only the dependency of the boy, but shall also show that the 
parents or parent or guardian are or is not fit persons or person to 
have the custody of such boy. Such petition shall be verified by 
oath upon the belief of the petitioner, and upon being filed the 
judge of the court shall have the boy named in the petition brought 
before him for the purpose of determining the application in said 
petition contained, and for the hearing of such petitions the county 
court shall be considered always open. 

§ 4. Upon the filing of such petition, the clerk of the court shnll 
issue a writ to the sheriff of the county, directing him to bring 
such boy before the court, to order a jury to be summoned to 
ascertain whether such boy is a dependent as alleged in said peti- 
tion, and also to find if the other allegations are true, and if found 
to be such, they shall also find his age in their verdict ; and when 
such boy shall be without counsel, it shall be the duty of the court 
to assign counsel for him ; and if the jury shall find that the boy 
named in the petition is a dependent boy, and that the other 
material facts set forth in the petition are true, and if in the 
opinion of the judge he is a fit person to be sent to a training- 
school for boys, the judge shall enter an order that such boy be 
committed to a training school for boys in the county, if there be 
such in the county; but if there be no such school in the county, 
then to any training school for boys elsewhere in the State, to be 
in such school kept and maintained, until he shall arrive at 
the age of 21 years, unless sooner discharged therefrom in the 
manner hereinafter provided. Before the hearing aforesaid, notice 
shall be given to the parents or parent or guardian of the boy, if 
to be found in the county, and also to the chairman of the county 
board of the county, of the proceedings about to be instituted, and 
they may appear and resist the same. 

§ 5. If the court finds as in the preceding section, it shall fur- 
ther order of record that such boy has no guardian, or that his 
guardian or parents or parent is or are not fit person or persons to 
have the custody of such boy, as the case may be, and the court 
shall thereupon appoint a guardian of the custody and tuition of 
such boy, and no bond shall be required of such guardian, and 
such guardian shall permit such boy to be placed under the care 
and in the custody of such training school for boys as herein pro- 
vided. 

§ 6. A warrant shall thereupon be issued in duplicate by the 
clerk to some suitable person, a resident of the State, to be desig- 
nated by the judge, authorizing him or her to take in charge and 
care the dependent boy named in said order, and convey him to 



170 SCHOOLS. 



the training school for boys to which he is to be committed, and 
said warrant shall be substantially as follows : 

STATE OF ILLINOIS, ! CQ 
County. f ss ' 

The People of the State of Illinois to : 



You are hereby authorized to take forthwith into your charge and care 

aged years, who has been declared a dependent boy, and convey him to the 

(as the case may be) training school for boys, and of this warrant you are commanded to 
make due return to this court after its execution. 

Witness my hand and the seal of the court of county, this day of 

A. 

(Seal of Court.) Clerk of court of county. 

This warrant, with the receipt thereon, shall be returned to the 
clerk to be hied by him with the other papers relating to the case, 
and this warrant shall be a sufficient and competent authority for 
the proper officers and agents of the training school for boys to 
which it is directed, to receive, keep and detain the person therein 
named, and a duplicate copy thereof shall be delivered to the super- 
intendent or other proper officer of such school, to be kept by him 
at the school, which duplicate shall have thereon a full copy of all 
indorsements made upon the one returned to court, and to be re- 
corded by him in a book kept for that purpose, and said book shall 
always be open to the inspection of any person. 

§ 7. Upon receiving the dependent boy the superintendent of the 
school shall indorse upon the warrant referred to in the preceding 
section a receipt as follows : 

(As the case may be) Training School for Boys. 

Received this day of A. D. 18... the boy named in this warrant. 

(Seal of School.) , Superintendent. 

§ 8. The fees for conveying a dependent boy to a training school 
for boys shall be the same as for conveying a juvenile offender to 
the reform school for juvenile offenders at Pontiac, in this State, 
and they shall be paid by the counties from which such dependent 
boys are sent, unless they are paid by the parent or guardian. 

§ 9. For the clothing, tuition, maintenance and care of depen- 
dent boys, the county from which they are sent shall pay to the 
training school for boys to which they may be committed as fol- 
lows : For each dependent boy under the age of ten years, eight 
dollars ($8) per month; for each dependent boy over ten and un- 
der fourteen years of age, seven dollars ($7) per month; for each 
crippled and disabled boy of any age, nine dollars ($9) per month. 
And upon the proper officer rendering proper accounts therefor, 
quarterly, the county board shall allow and order the same paid 
out of the county treasury : Provided, that no charge shall be made 
against any county by any training school for boys on account of 
any dependent boy in the care thereof who shall have been by said 
school put out to a trade or employment or for adoption after he 
shall have been and as long as he shall remain so put out : Pro- 
vided, that no charge shall be made against any county for the 
support and maintenance of such boy or boys, unless the county 
from which said boy or boys shall come, shall first have contracted 
with said "training school for boys" for the support and mainten- 
ance of said boy or boys. 



SCHOOLS. 171 



§ 10. The officers and managers of any training school for boys 
in this State shall receive into such school all boys not idiotic and 
not afflicted with a contagious disease committed thereto under the 
provisions of this act, shall have the exclusive custody, care and 
guardianship of such boys, shall provide for their support and com- 
fort, instruct them in such branches of useful knowledge as may be 
suited to their years and capacities, and shall cause them to be 
taught or trained, in some trade or industrial pursuit ; and for the 
purpose of tbeir education and training, and that they may assist 
in their own support, they shall be required to perform such tasks 
suitable to their years and sex as may be prescribed by such officers 
and managers, and as may be reasonable and proper. 

§ 11. Any boy committed under the provisions of this act to a 
training school .for boys, may, by the officers and managers of said 
school, be placed in the home of any good citizen, upon such terms 
and for such purpose and time as may be agreed upon, or he may 
be given to any suitable person of good character who will adopt 
him, or he may be bound to any reputable citizen as an apprentice 
to learn any trade, or as servant to follow any employment which, 
in the judgment of said officers and managers, will be for his advan- 
tage ; and all and singular of the provisions of the act entitled "An act 
to revise the law in relation to apprentices," approved February 25, 
1874, in force July 1, 1874, in so far as they are applicable, shall apply 
to and be binding upon such officers and managers, and upon such 
boy and upon the person to whom such boy may be bound : Pro- 
vided, that any disposition made of any boy under this act shall not 
bind him beyond his majority: And, provided, further, that such 
officers and managers shall have a supervising care over such boy 
after he shall be so put out, to see that he is properly treated and 
cared for ; and, in case such boy is cruelly treated, or is neglected, 
or the terms upon which he shall have been put out to any person 
be not observed, then it shall be the duty of such officers and man- 
agers to take and receive such boy again into the custody, care and 
protection of said training school. And said officers and managers 
shall have power to reclaim any boy put out to any person under 
the terms of this act without the consent of the person to whom 
the boy may be so put out, whenever, in the judgment of the said 
officers and managers, the boy shall be cruelly treated, neglected in 
training, proper instruction or otherwise, or not properly cared for. 

§ 12. Any boy committed to a training school for boys, under 
the provisions of this act, may be discharged thereform at any time 
in accordance with the rules thereof when, in the judgment of the 
officers and managers, the good of the boy or the good of the school 
would be promoted by such discharge, and the Governor may at any- 
time order the discharge of any boy committed to a training school 
under the provisions of this act. 

§ 13. All training schools for boys in this State, organized under 
this act, shall be subject to the same visitation, inspection and su- 
pervision of the Board of State Commissioners of Public Charities 
as the charitable institutions of the State. But no such training school 
shall receive an appropriation from the State for any purpose, and 



172 



STATE WEIGH-MASTERS. 



any school receiving an appropriation from the State shall not have 
the benefit of the provisions of this act. 

Approved June IS, 1883. 



STATE WEIGH-MASTERS. 



§ 1. 



Provides for the appointment of State 
weigh-masters and assistants by the 
Railroad and Warehouse Commis- 
sioners. 

Duties of weigh-master and assist- 
ants. 

Fees for weighing. 

Weigh-masters shall not be members 
of boards of trade — Shall give bond 
—Compensation. 



§ 5. Rules and regulations for weighing 
grain, etc. 

§ 6. Penalties for warehousemen or rail- 
road corporation for refusing access 
to scales. 



An Act to provide for the appointment of State Weigh-masters. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That there shall be appointed 
by the Railroad and Warehouse Commissioners in all cities where 
there is State inspection of grain, a State weigh-master and such 
assistants as shall be necessary. 

§ 2. Said State weigh-master and assistants shall, at the places 
aforesaid, supervise and have exclusive control of the weighing of 
grain and other property which may be subject to inspection, and 
the inspection of scales and the action and certificate of such 
weigh-master and assistants in the discharge of their aforesaid 
duties shall be conclusive upon all parties in interest. 

§ 8. The Board of Railroad and Warehouse Commissioners shall 
fix the fees to be paid for the weighing of grain or other property, 
which fees shall be paid equally by all parties interested in the 
purchase and sale of the property weighed, or scales inspected and 
tested. 

§ 4. Said State weigh-master and assistants shall not be a mem- 
ber of any board of trade or association of like character ; they 
shall give bonds in the sum of five thousand dollars ($5,000), con- 
ditioned for the faithful discharge of their duties, and shall receive 
such compensation as the Board of Railroad and Warehouse Com- 
missioners shall determine. 

§ 5. The Railroad and Warehouse Commissioners shall adopt 
such rules and regulations for the weighing of grain and other 
property as they shall deem proper. 

§ 6. In case any person, warehouseman or railroad corporation, 
or any of their agents or employees, shall refuse or prevent the 
aforesaid State weigh-master or either of his assistants from having 
access to their scales, in the regular performance of their duties in 



TELEGRAPHS AND TELEPHONE. 



173 



supervising the weighing of any grain or other property in accord- 
ance with the tenor and meaning of this act, they shall forfeit ihe 
sum of one hundred dollars ($100) for each offense, to be recovered 
in an action of debt before any justice of the peace, in the name 
of the People of the State of Illinois; such penalty or forfeiture to 
be paid to the county in which the suit is brought, and shall also 
be required to pay all costs of prosecution. 

Approved June 23, 1883. 



TELEGEAPHS AND TELEPHONE. 



PRIVATE LINES. 



§ 1. Private line of telegraph and tele- § 3. Penalties for damage or destruc- 

phone may be constructed. ticn. 

§ 2. Highways, streets or alleys outside 
of incorporated towns may be 
occupied for the purpose of con- 
structing private lines. 

An Act to permit the use of public highways, streets and alleys and 
private roads leading to such highways, streets and alleys outside 
of incorporated cities, villages and towns, for the purpose of con- 
structing, operating and maintaining private lines of telegraph or 
telephone, and to prescribe penalties for the injury or obstruction 
of such lines. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That it shall be lawful for any 
person or persons living on the line of any public highway, street 
or alley outside of any incorporated city, village or town in this 
State, or on any private road leading to such highway, street or 
alley, to construct, operate and maintain a line or lines of tele- 
graph or telephone, extending from house to house, as the parties 
interested in the construction of such lines may desire. 

§ 2. For the purpose of constructing and maintaining such lines 
of telegraph or telephone, the parties in interest may set the neces- 
sary poles or posts on which to place the wires and insulators of 
such lines, in any of the public streets, highways or alleys, or in 
any private road leading to such highways, streets or alleys outside 
of the incorporated cities, villages or towns in this State along which 
such lines may pass : Provided, such poles or posts shall be placed 
along the boundaries of such highway's, streets, or alleys, at such 
distances therefrom as the authorities having control thereof may 
direct : And provided, further, that the wires necessary for such lines 
shall not be less than fifteen feet above the ground along such 
boundaries, and not less than twenty feet at any public or private 
crossing, and shall be so placed as not in any manner to interfere 
with such crossing. 



174 TOWNSHIP. 



§ 3. Any person who shall unlawfully and intentionally injure, 
molest or destroy any of said lines or the material or property 
belonging thereto, or shall in any manner interfere with the proper 
working of such lines, shall on conviction thereof, be deemed guilty 
of a misdemeanor and be punished by a fine not exceeding one 
hundred dollars; said fine to be recoverable in any court having 
jurisdiction of the same : Provided, that prosecution under the fore- 
going provision of this section shall not in any manner prevent a 
recovery by the person or persons entitled thereto, of the amount of 
damages done to such lines. 

Approved June 18, 1883. 



TOWNSHIP. 



ORGANIZATION OF NEW TOWNS. 

§ 1. Amends section 5 of the act of 1877, by permitting the consolidation of the offices of 

treasurer and town clerK. 

An Act to amend section Jive (5) of an act entitled (: An act to authorize 
county boards in counties under township organization, to organize 
certain territory situated therein as a town," approved May 23, 
1877, in force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section five (5) of an act 
entitled "An act to authorize county boards in counties under town- 
ship organization to organize certain territory situated therein as a 
town," approved May 23, 1877, in force July 1, 1877, be amended 
so that the same shall read as follows : 

"Section 5. The city council in such city and town, may by 
ordinance, provide that the officers of city and town clerk shall be 
united in the same person ; that the officers of treasurer and town 
collector shall be united in the same person ; that the election of 
highway commissioners shall be discontinued, and that the offices 
of supervisor and poormaster shall be separated, and the poormaster 
appointed by the city council." 

Approved June 18, 1883. 



UNCLAIMED PROPERTY. 175 



UNCLAIMED PKOPERTY. 



SALE OF. 

§ 1. Amends section 1, act of 1874, by authorizing innkeepers and warehousemen to sell 
unclaimed property the same as common carriers. 

An*Act to amend section one of an act entitled "An act to provide for 
the sale of unclaimed property by common carriers, warehousemen 
and innkeepers," approved March 28, 1874, as heretofore amended 
by an act entitled "An act to amend section three (3) of an act 
entitled "An act to provide for the sale of unclaimed property by 
common carriers, warehousemen and innkeepers," approved March 
28, 1874, and to amend the title thereof, approved May 13, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section one of an 
act entitled "An act to provide for the sale of unclaimed property 
by common carriers, warehousemen and innkeepers," approved March 
28, 1874, as heretofore amended by an act entitled "An act to amend 
section three (3) of an act entitled 'An act to provide for the sale 
of unclaimed property by common carriers, warehousemen and inn- 
keepers,' approved March 28, 1874, and to amend the title thereof, 
approved May 13, 1879," be and the same is hereby amended, so 
as to read as follows : 



"Q. 



; Sec. 1. That whenever any trunk, carpet-bag, valise, bundle, pack- 
age, or article of property, transported, or coming into the possession 
ot any railroad or express company, or any other common carrier, 
or innkeeper or warehouseman, or private warehouse-keeper, in the 
course of its or his business as common carrier, innkeeper, ware- 
houseman, or private warehouse-keeper, shall remain unclaimed, and 
the legal charges thereon unpaid during the space of six months 
after its arrival at the point to which it shall have been directed, 
and the owner or person to whom the same is consigned cannot be 
found upon diligent inquiry, or, being found and notified of the ar- 
rival of such article, shall refuse or neglect to receive the same and 
pay the legal charges thereon for the space of three months, it 
shall be lawful for such common carrier, innkeeper, warehouseman 
or private warehouse-keeper to sell such article at public auction, 
after giving the owner or consignee fifteen days' notice of the time 
and place of sale, through the postoffice, and by advertising in a 
newspaper published in the county where such sale is made, and 
out of the proceeds of such sale to pay all legal charges on such 
articles, and the overplus, if any, shall be paid to the owner or the 
consignee upon demand." 

Approved June 18, 1883. 



176 VIlSlEGAK — WASHINGTONIAN HOME. 



VINEGAR. 



ADULTEKATION. 

§ I. Prescribes penalties for the man- § 2. Provides penalties for manufacture 

ufacture and sale of impure cider ! and sale of vinegar containing 

vinegar. ! acids injurious to health. 

An Act to prevent the adulteration of vinegar, and to prevent fr % iud 
and imposition in the manufacture and sale of vinegar, and to pro- 
tect the purchasers thereof. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That every person who shall man- 
ufacture for sale, or shall offer or expose for sale, as cider vinegar, 
any vinegar not the legitimate product of pure apple juice, known 
as apple cider, and not made exclusively of said apple cider, shall, 
for each such offense, be punished by a fine of not less than 
twenty-five [dollars] ($25) nor more than fifty dollars ($50). 

§ 2. Every person who shall manufacture for sale, or who shall 
offer or expose for sale, any vinegar found upon test to contain any 
preparation of lead, copper, sulphuric acid or other ingredients in- 
jurious to health, shall, for each such offense, be punished by a fine 
of not less than one hundred dollars ($100). 

•Appiioted June 14, 1883. 



WASHINGTONIAN HOME. 



§ 1. Amends section 7, act of 1867 incorporating, by limiting the amount paid by the city 
of Chicago under this act to $20,000. 

An Act to amend an act entitled "An act to incorporate the 'Wasli- 
ingtonian Home of Chicago,'' " approved February 16, 1867. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section seven (7) of an act 
entitled "An act to incorporate the ' Washingtonian Home of Chi- 
cago,' " approved February 16. 1867, be and the same is hereby 
amended to read as follows : 

"Section 7. It shall be the duty of the treasurer of the county of 
Cook and the treasurer of the city of Chicago, or of the officers of 
either, into whose hands the same may come, or be paid, to pay 
over to said corporation, in quarterly installments, for the support 
and maintenance of said institution, ten per cent, of all moneys 
received for all licenses granted by authority of said county or city, 
for the right or privilege to vend or sell spirituous liquors, vinous 
or fermented liquors, within the said county of Cook and city of 



WASHINGTONIAN HOME. 177 



Chicago : Provided, that in no case shall the sum so paid out of 
the treasury of the city of Chicago for or during any year exceed 
ihe sum of twenty thousand dollars ($20,000), and the treasurer of 
the city of Chicago shall not, during or for any year, pay out of 
the moneys so received by him for licenses as aforesaid, to said 
corporation, a sum exceeding twenty thousand dollars ($20,000). 

This bill having remained with the Governor ten days after the adjournment of the 
Oeneral Assembly, and he having failed to approve it, or to file it with his objections in 
any office before the expiration of said ten days, it has thereby become a law. 

Witness my hand this 29th day of June, A."D. 1883. 

HENRY D. DEMENT, 

Secretary of State. 



—12 



178 JOINT RESOLUTIONS. 



JOINT RESOLUTIONS. 



SENATE. 



JOINT RULES. 



Resolved by the Senate, the House of Representatives concurring herein r 
That a committee be constituted, consisting of three Senators to be 
appointed by the President of the Senate, and three members of 
the House of Kepresentatives, to be appointed by the Speaker of 
the House, which committee shall prepare and report to the two 
houses, joint rules for this General Assembly. 



SYNOPSIS OF BILLS. 

Resolved by the Senate, the House of Representatives concurring, That 
there be printed once each week, for the use of the General Assem- 
bly, 250 copies of the Senate synopsis of bills and House bills in 
Senate, and 350 copies of House synopsis of bills and Senate bills 
in House ; that the said synopsis v show the number of the bill, by 
whom introduced, abstract of title and condition of the bill. 



T. W. ECKERT, COMMITTEE CLERK. 

Resolved by the Senate, the House of Representatives concurring therein, 
That T. W. Eckert, who has acted as clerk of the joint committee 
appointed to investigate complaints against the St. Louis Bridge 
Company, is entitled to two hundred dollars for said services, and 
for expenses incurred while making investigations under the direc- 



JOINT RESOLUTIONS. 179 



tion of the committee, said services to be certified to by the chair- 
man of the joint committee and approved by the President of the 
Senate and the Speaker of the House of representatives. 



PENSIONS FOR SOLDIERS WHO LOST A LEG OR ARM. 

Whereas, a bill is now pending before the Senate of the United 
States, having for its .object an increase of the pensions of all loyal 
soldiers, who lost a leg or an arm in the military service of the 
United States, to the sum of $40 per month ; therefore, be it 

Resolved by the Senate, the House of Representatives concurring herein. 
That our Senators and Eepresentatives in Congress be requested to 
use their influence to secure the passage of said bill ; and that the 
Secretary of the State of Illinois be requested to have printed and 
mailed to each member in Congress, and each Senator from Illinois, 
a copy of this resolution. 



shawneetown flood sufferers. 

Whereas, the people of Shawneetown are suffering from destitu- 
tion caused by the floods of the Ohio and Wabash rivers to an ex- 
tent hitherto unparalleled in the history of that city; and 

W'hereas, there is great suffering throughout the flooded districts 
of the State on the Ohio river; therefore, 

Resolved by the Senate, the House of Representatives concurring herein, 
That a committee of three from the Senate and five from 'the House 
of Eepresentatives be appointed by the presiding officers of the two 
houses to report the condition of the inhabitants thereof to this 
General Assembly without unnecessary delay, and said committee 
may, in their discretion, visit the inundated districts if they deem 
it necessary. 



PRINTING AND BINDING EXTRA COPIES OF BILLS AND DOCUMENTS. 

Resolved by the Senate, the House of Representatives concurring therein, 
That the Secretary of State is hereby authorized to have printed, in 



180 JOINT RESOLUTIONS. 



addition to the number printed for the use of either House, 300 copies 
of each bill, resolution, report or other document printed by order 
of either house, and that he shall have the same numerically 
arranged and bound at the end of each session, and deliver one copy 
to each member of the General Assembly, one copy to the Secretary 
of the Senate, and one to each of his assistants, one copy to the 
Clerk of the House, and one to each of his assistants, three copies 
to the State Library, and keep the remainder for judicious distri- 
bution. 



NATIONAL YELLOWSTONE PARK. 

Whereas, the people of the State of Illinois, having a common 
interest in our National Park, and the maintaining of the same free 
to all the people of the earth, visiting this region of matchless won- 
ders and grandeurs, and learning that a company of capitalists are 
trying to secure a lease of said park with exclusive rights therein; 
and 

Whereas, the attention of Congress being called to said trans- 
action by the report of Lieutenant-General Sheridan, made to the 
War Department, November 1st, 1882, and Senator Vest having 
reported a bill from committee to the Senate of the United States, 
making rules and regulations for the better government of said park; 
therefore, be it 

Resolved by the Senate, the House of Representatives concurring 
herein, That this General Assembly, acting on behalf of the people 
of this State, respectfully request that our Senators and Eepresent- 
atives in Congress use all honorable means to secure the passage 
of a law that will give to the people visiting said park the right of 
viewing the wonders therein contained, free from the extortion of 
monopolists, or hindrance from any source whatever, so far as may 
be consistent with the necessary protection of the scenery and 
objects of curiosity, and the protection of the game and fish 
therein contained. 

Resolved, That we hereby tender to Lieutenant-General Sheridan 
and Senator Vest, the thanks of the people of this State for their 
timely and earnest efforts in the preventing of said park from pass- 
ing into the exclusive possession of said company, to be used by 
them as a cattle ranch, and for the extorting of money from tour- 
ists visiting said park. 

Resolved, That the Secretary of State be and he is hereby re- 
quested to forward copies of these resolutions to our Senators and 
^Representatives in Congress, and a copy of each to Lieutenant-Gen- 
eral Sheridan and Senator Vest. 



JOINT RESOLUTIONS. 181 



CLAIM OF ALEXANDER BRUCE. 

Whereas, it is alleged by Alexander Bruce that, according to 
contract with the United States Government and the State of Illi- 
nois, he has completed the foundation to the lock at Copperas Creek 
dam, on the Illinois river, and has failed to receive payment in full 
thereof from the State of Illinois ; therefore, 

Resolved by the Senate, the House of Representatives concurring 
herein, That the Canal Commissioners are hereby instructed to 
fully investigate the claim of the said Bruce in connection with the 
construction of said dam, and in said investigation shall employ, if 
practicable, D. C. Jenne to make such estimates as may be neces- 
sary; and the then Canal Commissioners shall be heard in such 
investigation. When the investigation shall be completed, the said 
commissioners shall make full report of the same with their con- 
clusion to the Governor. 



CHICAGO 'LAKE FRONT — EMPLOYMENT OF COUNSEL. 

Whereas, a suit is now pending in the Circuit Court of Cook 
county, entitled "The People of the State of Illinois v. The Illinois 
Central Railroad, the United States of America, The City of Chi- 
cago, "which suit involves and is to determine the ownership of the 
property in Chicago commonly known as "Lake Front;" and 

Whereas, a part of this property is the frontage of one mile in 
extent of what was originally canal land, and eminent counsel have 
advised that the Illinois and Michigan Canal has now a legal and 
equitable interest to a large amount in the matters involved in said 
suit ; therefore, 

Resolved by the Senate, the House concurring herein, That the 
Canal Commissioners are hereby instructed to employ competent 
counsel to appear in said suit in behalf of the interests of the Illi- 
nois and Michigan Canal, and to protect the same so far as they 
may be involved in this suit. 



MISSISSIPPI RIVER BRIDGE AT EAST ST. LOUIS. 

Whereas, a charter was granted by the General Assembly of the 
State of Illinois for the construction of a bridge across the Missis- 
sippi river at East St. Louis, and that, under said charter, a bridge 
was constructed and is now used and operated by said bridge com- 



182 JOINT RESOLUTIONS. 



pany for the transportation of passengers and freight cars of the va- 
rious railroad companies across said bridge for hire ; and, 

Whereas, complaints have been made by shippers of stock, grain 
and merchandise, and by corporations operating railroads, whose cars 
are transported over said bridge by the said bridge company, that 
extortionate charges and unjust discriminations are made by said 
company for said services : therefore, 

Resolved by the Senate of the State of Illinois, the House of Repre- 
sentatives concurring herein, That a committee, consisting of five 
Senators, to be appointed by the President of the Senate, and sev- 
en Bepresentatives, to be appointed by the Speaker of the House of 
Eepresentatives, to inquire into said complaints, and report to this 
body all such facts as may be ascertained by them relating to said 
complaints ; and in order to fully carry out the spirit and intent of 
this resolution, that said committee may employ a clerk, and take 
testimony at such times and places as they may deem best, to ac- 
complish said object ; and that said committee have power to send 
for and compel the attendance of witnesses, with all necessary rec- 
ords and papers. 



CONVEYANCE OF LAND TO JULIA A. BAKEWELL. 

Whereas, in the year 1858, E. W. Bakewell and wife, of Normal, 
Illinois, did, upon certain conditions to be fulfilled by the Board of 
Education of the State of Illinois, make and execute a deed to said 
Board of Education for the forty acres of land off of the south side 
of so much of the north half of the northwest quarter of section 
twenty-eight, town twenty-four north, range two east of the third 
principal meridian, as lies west of the State road, which is an ex- 
tension of Main street in Bloomington north, said forty acres to in- 
clude said State road ; and, 

Whereas, said conveyance was a conditional donation, dependent 
for its validity upon the performance of certain conditions, which 
conditions have never been fulfilled or complied with ; and, 

Whereas, the said Board of Education has since been changed 
from a private corporation to a board of State officers and posses- 
sion and title to said land have been vested in the present State 
Board of Education, acting in behalf of the State, by reason of 
which change no proceedings in law or equity can be brought against 
them ; and, 

Whereas, the statute of limitations bars the claim of said Bake- 
well before the Commission of Claims, leaving his only remedy or 
chance for justice in the hands of the General Assembly : there- 
fore, be it 

Resolved by the Senate, the House of Representatives concurring 
herein, That the State Board of Education, or its president, be and is 
hereby directed to execute a conveyance in fee simple of the above 
described forty acres of land to Julia A. Bakewell. 



JOINT RESOLUTIONS. 183 



SHEER BOOMS AT BRIDGES IN MISSISSIPPI RIVER. - 

Whereas, the piers of many of the railway bridges crossing the 
Mississippi river are a very serious hindrance to navigation ; that 
steamers frequently collide with them, and sometimes great loss of 
life is thereby occasioned, and that there is annually a great loss 
of property, and that they are constantly a great source of danger 
and dread to those who have business, or who travel upon the river ; 
and, 

Whereas, in accordance with the act of Congress approved March 
3, 1875, a board of United States engineers was convened in St. 
Xiouis, and after an exhaustive examination of the subject they sub- 
mitted a report to the Honorable the Secretary of War, February 
19, 1877, in which they recognized the great necessity for sheer 
•booms and recommended plans for the same at the various bridges ; 
and, 

Whereas, in 1882, Major A. McKinzie, United States engineer in 
■charge of the river improvements between St. Anthony's Falls and 
the mouth of the Illinois river, constantly witnessing the great danger 
to live and property at the bridge piers, and the consequent neces- 
sity for protection thereat, submitted a report to the Chief of En- 
gineers, United States army, in which much important information 
was given upon the subject, and the sheer booms urgently recom- 
mended ; therefore, your memorialists would respectfully but ur- 
gently suggest that the interests Of commerce, the security of prop- 
erty and the safety of life imperatively demand that, at the earliest 
possible moment, sheer booms be placed at the various bridges, in 
substantial accordance with the plans and recommendations above 
alluded to : therefore, be it 

Resolved by the Senate of the State of Illinois, the House of Repre- 
sentatives concurring therein, That our Senators in Congress be in- 
structed and our Representatives requested to use their best efforts 
"to secure the placing of sheer booms at the various bridges crossing 
"the Mississippi river. 

Resolved, That a copy of these resolutions, duly signed by the 
President of the Senate, the Speaker of the House, and attested by 
"the Secretary of this body, be forwarded to each of the Illinois 
-Senators and Representatives in Congress. 



CARBONDALE BONDS. 

Whereas, the Twenty-seventh General Assembly of this State 
did pass a resolution in the words and figures, to-wit : 

"Resolved by the Senate, the House concurring herein, That the 
'Governor be, and he is hereby, instructed to sell to the city of 
•Carbondale all the bonds of said city now in his possession, issued 



18 i JOINT RESOLUTIONS. 



by the said city for the use and benefit of the Illinois Normal 
University at Carbondale, in accordance with the provisions of 'An 
act to appoint commissioners to construct the Southern Illinois- 
Insane Asylum and the Southern Illinois Normal University, and 
to make appropriations therefor,' approved April 13, 1871, for no 
less than thirty thousand dollars, in full of said bonds and the- 
interest that may have accrued thereon ; which amount, when so 
paid, shall be transferred to the commissioners of the said South- 
ern Illinois Normal University, located at Carbondale, to be used 
by them in »the construction and completion of the same : Provided, 
that said sum of thirty thousand dollars be paid on or before the 
1st day of July, 1872;" and 

Whereas, in pursuance of said resolution, the said city of Car- 
bondale did issue bonds amounting in the aggregate to forty 
thousand dollars, which said bonds were sold in the city of New 
York for twenty-eight thousand dollars, and the proceeds thereof 
applied by said city in the purchase of ninety-two thousand dollars 
of its bonds as contemplated by said resolution herein recited, thus 
leaving in the hands of the State eight thousand dollars of the one 
hundred thousand dollars series of said bonds, which said eight 
thousand dollars of bonds are now held by the State to secure the 
payment of the two thousand dollars still due the State under and 
by virtue of said resolution; and 

Whereas, the city of Carbondale, with a population of less than 
twenty-five hundred people, has now an outstanding municipal debt 
of seventy thousand dollars, of the character of seven per cent., 
interest-bearing bonds, which said bonds were issued in aid of the 
Southern Illinois Normal University, and the proceeds arising 
therefrom applied by the State in the construction of said University ; 
therefore, be it 

Resolved by the Senate, the House concurring herein, That the 
Governor be, and he is hereby directed to surrender to the city of 
Carbondale, for cancellation, the eight thousand dollars in bonds 
now in the possession of the State, and issued by said city in aid 
of the Southern Illinois Normal University." 



water power at joliet. 

Whereas, from the relative location of the Illinois and Michigan 
canal and the Des Plaines river, in the city of Joliet, Will county, 
the State of Illinois became, and is the proprietor and possessor of 
the west bank of said river, opposite lots one (1), two (2) and three 
(3), block fifty-seven (57), School Section addition to Joliet, situated 
on the east bank thereof ; and 



JOINT RESOLUTIONS. 185 



Whereas, the owners of said lots, being riparian owners on the 
east bank only, as determined by the Supreme Court in the case 
of "Canal Trustees v. Havens," 11th 111., p. 554, have converted 
their said property into a mill site, and constructed and maintained, 
and do now maintain a mill dam across the entire bed of said river,, 
extending west from or near the northwest corner of said lot one 
(1), above mentioned, thereby creating a water power of great value ; 
and 

Whereas, the State of Illinois, in respect to its rights as ripar- 
ian owner upon the west bank of said river, is legally entitled to 
use and appropriate one-half the water power thus created, and is 
enabled at the present time to utilize the same as an important 
and permanent source of revenue, by means of structures of simple 
form, small extent and inconsiderable expense, and, with proper 
joint arrangements with the owner or owners of the other half, 
usual in such cases ; therefore, be it 

He solved by the Senate, the House of Representatives concurring 
herein, (1.) That the Canal Commissioners be and they are hereby 
directed and empowered to assume possession and control of said 
water power, so belonging to the State of Illinois, and forthwith to 
take such measures as they shall deem proper and expedient to 
secure for the use of the practical enjoyment and benefit thereof; 
and to this end to cause to be erected all needful structures upon 
said west bank for developing and transferring said power ; and 
thereupon to lease the same as they are now authorized by law to 
lease the water-power of the Illinois and Michigan Canal. 

(2.) That the cost of such structures and all the expenses of 
said work, or incident thereto, shall be defrayed from the canal 
revenues, and shall in no event become a charge against the 
State. 

(3.) That said commissioners shall be and hereby are empowered 
in their discretion to make with the riparian proprietor or proprie- 
tors on the east or opposite bank, just and proper arrangements 
for the joint regulation of said water-power, and for the equitable 
division thereof, and for the future maintenance and repair or re- 
construction of said dam : Provided, however, that in prosecuting 
the objects contemplated by this joint resolution, and in entering 
into needful stipulations with the riparian owner or owners on the 
east bank of the Des Plaines river, the said Canal Commissioners 
shall in nowise surrender, compromise or impair any legal rights 
of the State in and to the use of the water upon the Channahon 
level of the canal, for hydraulic purposes, below said dam, com- 
monly called "Adam's dam," if any such legal right shall here- 
after be established by judicial proceedings thereto had. 



186 JOINT KESOLTJTIONS. 



VETO POWER OF THE GOVERNOR — TO AMEND SECTION SIXTEEN, ARTICLE 
FIVE OF THE CONSTITUTION. 

Resolved by the Senate, the House of Representatives concurring herein, 
That there shall be submitted to the electors of this State at the 
next election for members of the General Assembly, a proposition 
to amend section sixteen (16) of article five (5) of the Constitution 
of this State, so that the same may read as follows : 

Sec. 16. Every bill passed by the General Assembly shall, before 
it becomes a law, be presented to the Governor. 

If he approve, he shall sign it, and thereupon it shall become a 
law; but if he do not approve, he shall return it, with his objec- 
tions, to the house in which it shall have originated, which house 
shall enter the objections at large upon its journal and proceed to 
reconsider the bill. If then two-thirds of the members elected agree 
to pass the same, it shall be sent, together with the objections, to 
the other house, by which it shall likewise be reconsidered ; and if 
approved by two-thirds of the members elected to that house, it 
shall become a law notwithstanding the objections of the Governor; 
but in all such cases the vote of each house shall be determined 
by yeas and nays, to be entered upon the journal. 

Bills making appropriations of money out of the treasury shall 
specify the objects and purposes for which the same are made, and 
appropriate to them respectively their several amounts in distinct 
items and sections, and if the Governor shall not approve any one 
or more of the items or sections contained in any bill, but shall 
approve the residue thereof, it shall become a law as to the residue 
in like manner as if he had signed it. 

The Governor shall then return the bill, with his objections to 
the items or sections of the same not approved by him, to the 
house in which the bill shall have originated, which house shall 
enter the objections at large upon its journal, and proceed to recon- 
sider so much of said bill as is not approved by the Governor. 

The same proceedings shall be had in both houses in reconsider- 
ing the same as is hereinbefore provided in case of an entire bill 
returned by the Governor with his objections ; and if any item or 
section of said bill not approved by the Governor shall be passed 
by two-thirds of the members elected to each of the two houses of 
the General Assembly, it shall become part of saidv law, notwith- 
standing the objections of the Governor. 

Any bill which shall not be returned by the Governor within ten 
days (Sundays excepted) after it shall have been presented to him, 
shall become a law in like manner as if he had signed it ; unless 
the General Assembly shall, by their adjournment, prevent its re- 
turn, in which case it shall be filed with his objections in the office 
of the Secretary of State, within ten days after such adjournment, 
or become a law. 



JOINT KESOLUTIONS. 187 



HOUSE. 



CANVASS ELECTION EETURNS, 

Resolved by the House of Representatives, the Senate concurring herein, 
That the two houses meet in joint assembly in the Hall of Bepre- 
sentatives, on Friday, the 5th clay of January, A. D. 1883, at the 
hour of 12 o'clock M,, for the purpose of canvassing the returns of 
election held on the 7th day of November, A. D. 1882, for State 
officers, as by law required. 



THANKS TENDERED THE BOARD OF TRADE OF INDIANAPOLIS FOR RELIEF 
TO SHAWNEETOWN FLOOD SUFFERERS. 

Resolved by the House of Representatives, the Senate concurring, That 
the thanks of the General Assembly of this State are due and are 
hereby tendered the Board of Trade of Indianapolis, for the liberal 
charity bestowed upon the unfortunate people of Shawneetown, Illi- 
nois, and vicinity, who have suffered so much on account of the 
recent floods. 

Resolved, That the Secretary of State be and is hereby requested 
to transmit a copy of this resolution to the president of said board. 



PRINTING DAILY JOURNAL. 

Whereas, this House has ordered its journals printed ; and, 

Whereas, the law provides that the printing of either house, 
other than bills or reports of committees, must be by joint resolu- 
tion ; therefore, 

Resolved by the House of Representatives, the Senate concurring herein, 
That two hundred copies of the journal of each day be printed and 
laid upon the desks of the members before the hour of meeting of 
the next day; and after the same shall have been corrected and 
approved, that five hundred copies of the same be printed for the 
use of the House. 



188 JOINT RESOLUTIONS. 



COMMITTEE EXPENSES. 

Resolved by the House of Representatives, the Senate concurring herein, 
That all claims of members of the various standing and special 
committees of the House and Senate for reimbursement for expenses 
incurred while in discharge of such committee service, and all claims 
for services and expenses of extra clerks, experts, witnesses, etc., 
incurred under direction of said committees, shall be submitteed to 
the "Committee on Contingent Expenses" of the House and the 
"Committee on Expenses of the General Assemblv" of the Senate, 
to be approved by the said committees ; and such allowances shall 
be paid only upon recommendation of said committees, and the 
recommendation of the Senate or the House, as the case may be ; 
all bills to be certified to by the Speaker of the House and. the 
President of the Senate respectively. 



ADJOURNMENT ON ACCOUNT OF APRIL ELECTIONS. 

Whereas, there are to be held throughout the State of Illinois on 
April 3, 1;83, the annual town meetings, and many cities hold cor- 
porate elections on the same day ; and, 

Whereas, many members of this General Assembly desire to par- 
ticipate in said elections ; therefore, be it 

Resolved hy the House of Representatives, the Senate concurring herein, 
That when the two houses adjourn on Friday, the 30th day of March, 
1883, they stand adjourned until Wednesday, the 4th day of April, 
1883, at 5 o'clock P. M. 



PURCHASE OF LINCOLN S HOME. 

Whereas, Mr. 0. H. Oldroyd, a citizen and resident of Spring- 
field, and the author of the "Lincoln Memorial Album," and the 
collector during the last twenty years of nearly two thousand books, 
medals, pictures, badges, sermons, eulogies and mementoes of Abra- 
ham Lincoln, is desirous of putting [them] into some permanent 
place for preservation, where the people can see and know what the 
nations have done for the honor of Illinois' great statesman, and 
being desirous, upon suitable conditions, to contribute the same to 
the State of Illinois ; be it therefore 

Resolved by the House of Representatives, the Senate concurring herein, 
That His Excellency, John M. Hamilton, be requested to correspond 
with Hon. Kobert T. Lincoln, and ascertain for what price the State 
of Illinois can purchase the old homestead of Abraham Lincoln for 
that purpose, and report the same to this House. 



JOINT RESOLUTIONS. 189 



JOINT COMMITTEE ON REVENUE. 

Whereas, there is great complaint throughout this State of the 
injustice and inequality of our revenue law, and especially as to the 
inequality of assessments of both real and personal property; and, 

Whereas, there is almost universal demand throughout the State 
for State reform ; therefore, be it 

Resolved by the House of Representatives, the Senate concurring herein, 
That a joint committee of the House and Senate be appointed, to 
consist of the revenue committee of the House and the revenue 
committee of the Senate, which joint committee shall take into con- 
sideration the subject of revenue reform for the State; and that 
they report to this General Assembly by bill or otherwise. 



PLEURO-PNEUMONIA AMONG CATTLE. 

Whereas, large and increasing annual losses are sustained by 
the cattle feeders of this State on account of the expensive restric- 
tions placed upon exported cattle by Great Britain, owing to the 
existence in some of the Eastern States of pleuro-pneumonia, or lang 
plague ; and, 

Whereas, the cattle interests of this and other Western States 
are seriously threatened by the introduction of this contagious 
disease ; therefore, be it 

Resolved by the House of Representatives, the Senate concurring herein, 
That our Senators in Congress be instructed, and our Kepresenta- 
tives be requested, to use all honorable means to secure the passage 
of a suitable law, that will speedily stamp out and permanently ex- 
clude from the_ United States the contagious disease known as 
pleuro-pneumonia, or lung plague of cattle. 



ELECTION OF UNITED STATES SENATOR. 

Resolved by the House of Representatives, the Senate concurring herein, 
That on Tuesday, the 16th day of January, instant, at 11 o'clock 
A.' M., each house shall by itself, and in the manner prescribed by 
sections 14 and 15 of Eevised Statutes of the United States of 3873 
and 1874, name a person for Senator in Congress from the State of 
Illinois for the term of six years from the 4th day of March, A. D. 
1883 ; _ and on Wednesday, the 17th day of January, at 12 o'clock 
meridian, the members of the two houses shall convene in joint 



130 JOINT RESOLUTIONS. 



assembly in the hall of the House of Representatives, and in the 
manner prescribed by said law, declare the person who has received 
the majority of votes in each house, if any person has received 
such majority, duly elected Senator to represent the State of Illinois 
in the Congress of the United States for the term aforesaid ; 'and if 
no one person has received such majority, then proceed as pre- 
scribed in said law, in joint assembly, to choose a person for the 
purpose aforesaid. 



DEATH OF LEON GAMBETTA. 

Whereas, the sad intelligence comes from our sister Republic, 
France, that her distinguished son and author, orator and states- 
man, 

Leon Gambetta, 

has departed this life ; therefore, be it 

Resolved by the House of Representatives, the Senate concurring herein, 
That this General Assembly deeply sympathises with the people of 
France in this, their great loss. 

Resolved, As a further token of its respect for the memory of so 
great a citizen, this joint resolution be ordered spread on the jour- 
nals of each House, and a copy thereof forwarded to the President 
of the Republic of France. 



SALE OF STATE ARMS AND ACCOUTREMENTS. 

Resolved by the House of Representatives, the Senate concurring herein, 
That the Adjutant-General be and is hereby authorized to dispose 
of by sale, in such manner as may be deemed best for the interest 
of the State, after advertising the sale in three newspapers in this 
State, all unserviceable cannon, small arms, accoutrements and 
other property now stored in the State Arsenal and belonging to the 
State of Illinois. He is also hereby required to make a report, in 
detail, of the sale or sales of such property to the Auditor of Public 
Accounts, which report shall be filed in said office, and all moneys 
accruing from the sale of such State property shall be covered into 
the State treasury and credited to the military fund. 



JOINT RESOLUTIONS. 191 



HENNEPIN CANAL BILL. 

Whereas, a bill is now pending in Congress providing for con- 
structing a canal from the Illinois river, at or near Hennepin, to the 
Mississippi river at, or above, Eock Island; and, 

Whereas, the people of the State of Illinois have voted to cede 
the Illinois and Michigan canal to the United States therefore, 

Resolved by the House of Representatives, the Senate concurring, 
That our Senators in Congress be, and are hereby instructed, and 
our Eepresentatives requested, to vote for and use their influence to 
procure the passage of said bill, known as the "Hennepin Canal 
Bill," and to secure the acceptance by the United States of the said 
Illinois and Michigan canal. 

jResolved, That the Governor be, and is hereby requested to for- 
ward a copy of these resolutions to each of our Senators and Eep- 
resentatives in Congress. 



DOCUMENTS FURNISHED CHICAGO HISTORICAL SOCIETY. 

Resolved by the House of Representatives, the Senate concurring herein, 
That the Secretary of State is hereby instructed to hereafter send 
to the Chicago Historical Society two copies each of all publi- 
cations made by the State ; and that, as soon as said historical 
society has sufficient fire-proof vaults, to which the president and 
secretary of said society shall certify, the Secretary of State shall 
furnish said society with one copy of every public document, "State 
or National:" Provided, the State has duplicate copies of the same 
and the historical society does not have a copy ; and, furthermore, 
when the State has four or more copies of the same documents, the 
Secretary of State shall furnish the society with duplicate copies of 
the same if wanted, and the books there deposited in the library of 
the society shall be for the use of any citizen of the State ; and 
furthermore, that the Secretary of State shall take a receipt in be- 
half of the State for all books thus deposited with the said historical 
society, and to said receipt shall be appended a condition, signed 
by the president and secretary of said society, that in case the State 
Library is ever burned, the said historical society shall return to 
the State Library one copy of each duplicate copy received from 
the State, under the provisions of this joint resolution. 



192 JOINT RESOLUTIONS. 



ADJOURNMENT SINE DIE. 



Resolved by the House of Representatives, [the Senate concurring herein,'] 
That when the two houses of the Thirty-third General Assembly ad- 
journ on Monday, the 18th day of June, they stand adjourned with- 
out day. 



Executive Depaetment, 

Office of Secretary of State. 

United States of America, I 
State of Illinois. I 

I. Henry D. Dement, Secretary of State of the State of Illinois, do hereby certify that 
the foregoing published Acts and Resolutions of the Thirty-third General Assembly of the 
State of Illinois, are true and correct copies of said Acts andResolutions.filed in the office 
of the Secretary of State, with the exception of words or letters printed in brackets, 
thus [I. 

In witness whereof I have hereto set my hand and affixed the great seal of State 
at the city of Springfield, this sixteenth day of July A. D. 1883. 

HENRY D. DEMENT, 
IL. S.] Secretary of State. 



INDEX TO LAWS. 



Page. 
ADJUTANT-GENERAL : 

Appropriations 46 

AGRICULTURE : 

Act to revise the law in relation to 

department of 1 

Appropriations state and county 

boards 5 

ANIMALS : 

Glanders in horses.: 4 

APPROPRIATIONS: 

Adjutant- General 46 

Agricultural boards 5 

Alton city court 7,8 

Attorney- General • 46 

Auditor of State 45,47 

Battle flags, preservation 9 

Board of health 50 

Braidwood mine sufferers 9 

Bureau of Labor Statistics 50 

Canal, Illinois and Michigan 10 

Chance, Jacob 11 

CHARITABLE INSTITUTIONS: 

Blind 27 

Deaf and Dumb 28 

Eye and Ear Infirmary 29 

Feeble-Minded Children 29 

Hospitals for Insane: 

Central 33 

Eastern 30,33 

Northern 34 

Southern 35, 36 

Soldiers' Orphans' Home 36 

Conveying convicts to penitentiary. 47 
Conveying juvenile offenders to Re- 
form School 47 

Copying and distributing contracts... 48 

Coulterville mine sufferers 9 

Courts : 

Appellate 47,48 

Claims for bailiff... 47 

Supreme 47 

Dairyman's Association 12 

Deaf and Dumb school at Chicago 12 

Entomologist. State 51 

Fish commissioners 51 

Franklin county 13 

Fugitives from justice, return of 47 

General Assembly : 

Employes 42, 49 

Expenses of committees next 51 

Incidental expenses 42 

Salaries of next and state officers. 42 

Governor's office 44, 45 

Historical Library and Museum 49 

Horticultural Society 13 

Industrial University 15 

Library of Natural History at Normal. 51 



Page. 
APPROPRIATIONS— Conttnwed. 

Law library at the capitol ; 16 

Lucinger, Jacob and Nicholas.. 15 

Monument to soldiers of Black Hawk 

war 17 

Mound City 16 

Mulligan monument 17 

National Guard 18 

Normal Universities : 

Normal 19 

Southern 20 

Paper and stationery 47 

Paving and curbing streets at state 

house 41 

Penitentiaries : 

Joliet 21,22,50 

Southern 23,35,50 

Printing and binding 48 

Public Charities, board of ; 46 

Railroad and Warehouse Commis- 
sioner's office 49 

Reform School 37 

Rose Clare flood sufferers 25 

School fund 48,50 

Secretary of State : 

Clerk hire and office expenses 45 

Janitors and watchmen 48 

Heating and lighting state house. 49 

Repairs of heating department 50 

Supreme Court Reports 50 

Shawneetown flood sufferers 26 

Shinnick. Richard 38 

Spink.^Alfred, estate of 39 

State Board of Equalization 49 

State Government : 

General Assembly 42,43,49,51 

Ordinary and contingent expenses 43 

State House : 

Completion 39 

Heating and lighting 49 

Repairs of heating department... 50 
Superintendent of Public Instruction, 

office 46 

Taxes paid in error, for refunding 48 

Treasurer's office 46 

Wilson Robert 52 

ASSIGNMENTS : 

Voluntary, preferred claims, act 

1877 amended 53 

ATTORNEY-GENERAL : 

Appropriations 47 

AUDITOR OF STATE: 

Appropriations 45, 47 



II 



INDEX. 



BLACK HAWK WAR: Page. 
Appropriation for monument to 
soldiers of 17 

BONDS-AID: 

Railroad, issue of, limit of time 122 

BONDS-INDEMNITY: 

Butter and cheese factories 54 

BONDS-MUNICIPAL: 

Surplus funds in State Treasury... 121 

BRIDGES: 

Pier booms in Illinois river 54 

BUREAU OF LABOR STATISTICS: 

A ppropriations 50 

Mine inspectors 116 

BUTTER AND CHEESE: 

Factories, cooperative, give bonds 54 

CANALS-ILL. AND MICH.: 

Appropri ations 10 

CEMETERIES: 

Cities and villages act 1877 amend- 
ed 55 

CHANCE, JACOB 0.: 

Appropriation 11 

CHARITABLE INSTITUTIONS-STATE: 

Appropriations : 

Blind 27 

Deaf and Dumb 28 

Eye and Ear Infirmary 20 

Feeble-Minded Children 20 

Hospitals for the Insane: 

Central 33 

Eastern 30,32 

Northern 34 

Southern 35,30 

Soldiers' Orphans' Home 36 

CITIES AND VILLAGES: 

Alderman, election on minority 

plan 50 

Braidwood, appropriation for mine 

sufferers 9 

Cemeteries, act of 1877 amended ... 55 
Coulterville, ^appropriation for 

mine sufferers 

Delinquent taxes on special as- 
sessments 58 

Elevated railways, right of way ... 120 
Inundation and overflow, protec- 
tion against 60, 03 

Moun I City, appropriation 10 

Police and Firemen's relief fund, 

act 1877 amended 59 

Policemen may serve warrants 58 

Rose Clare, appropriation 25 

Sewerage and water taxes 08 

Shawneetown, appropriation 20 

CLAIMS COMMISSION: 

Appropriation for bailiff 48 

CLERKS OF COURTS: 

. Appellate, motions for attorneys.. 09 
Supreme, motions for attorneys. . . 09 

CONVEYANCES: 

Froof of deeds 70 

CONVICTS: 

Appropriation for conveying to 
penitentiaries 47 

COPYING AND DISTRIBUTING: 

Appropriation for contracts 49 



CORPORATIONS: Page. 

Act 1872, Sec. 3, amended. Cooper- 
ative Ins. ('os 74 

insurance, iife associations on as- 
sessment plan 104 

Railroads, consolidation 124 

Railroads, depots, act 1874 amend- 
ed 125 

Stock shares, sale of, held as col- 
lateral 110 

Training schools for boys 108 

Washingtonian Home, act Incp. 
amended 170 

COUNTIES: 

Franklin, appropriation 13 

COUNTY CLERKS: 

Fees and salaries in 3d class 96 

COURTS-APPELLATE: 

Appropriations 47, 48 

Clerks may enter motions 69 

COURTS-CITY: 

Alton, appropriation 7,8 

COURTS-COUNTY: 

Adjournment of regular terms 71 

Clark, term changed 72 

Cumberland, terms changed 72 

Fulton, terms changed 72 

Hancock, terms changed 73 

Henderson, terms changed 72 

Jackson, terms changed 72 

Jersey, terms changed 73 

LaSalle, terms changed 72 

Macoupin, terms changed 72 

Marshall, terms changed 72 

Mercer, terms changed 72 

Randolph, terms changed 72 

Warren, terms changed 72 

COURTS-PROBATE: 

County judges hold in case of va- 
cancy 74 

COURTS-SUPREME: 

Appropriation s 47 

Clerks may enter motions GO 

CRIMINAL CODE : 

Adulteration of vinegar 170 

Ice ponds, injuring or destroying. 70 
Malicious mischief sec. 197 

amended 75 

Punishment of criminal on second 

and third offenses 70 

DAIRYMAN'S ASSOCIATION: 

Appropriation 12 

DRAINAGE : 

Act of 1879 amended 84, 80 

County ditches, repairs and im- 
provements 81 

Districts organized under laws of 
1879 legalized 77 

Land owners, construction of 
drains ■. 78 

DRAM SHOPS : 

License fee 92 

ELECTIONS : 

County treasurers, filling vacan- 
cies 70 

Precincts, act 1872, sec. 30 amended 94 

ENTOMOLOGIST-STATE : 

Appropriations 51 

EVIDENCE AND DEPOSITIONS : 

Proof of deeds and other instru- 
ments in writing 70 



INDEX. 



Ill 



PAGE. 

FEES AND SALARIES : 

Classification of counties 95 

State's Attorneys, act 1872 amended 97 

FENCES : 

Hedges, height of 99 

FISH COMMISSION : 

Appropriation 51 

FLAGS AND TROPHIES : 

Appropriation for preservation 9 

FUGITIVES FROM JUSTICE : 

Appropriation for apprehension.. 47 

GAMBRILL, A. H. : 

Appropriation 7 

GENERAL ASSEMBLY : 
Appropriations : 

Committee Ex. 34th 51 

Employes 42 

Employes of next 49 

Incidental expenses 42 

Next 43 

GLANDERS ; 

Contagious and infectious dis- 
eases among horses 4 

GOVERNOR : 

Appropriations 44, 45 

Conveyance of land to Southeast 
& St. L. Ry 127 

GUARDIANS AND WARDS ; 

Act 1872, sec. 4 amended 100 

HEDGES : 

Fences, height regulated 99 

HISTORICAL LIBRARY AND MUSEUM : 
Appropriation 49 

HOPE. ALEX. W. : 

Appropriation 8 

HORTICULTURE : 

Appropriation, State society 13 

ICE PONDS : 

Injury or destruction, penalties... 76 

INDUSTRIAL UNIVERSITY : 

Appropriation 15 

INNKEEPERS : 

Sale of unclaimed property 175 

INSOLVENT DEBTORS : 

Preferred claims, act of 1877 
amended 53 

INSURANCE : 
FlEE : 

Foreign companies, business reg- 
ulated 101 

Township, act 1874, sec. 7, amended 104 
Life : 

Associations, on the assessment 

plan 104 

Co-operative associations 74 

INTOXICATING LIQUORS ; 

Dram shop license 92 

JUDGES : 

County, may hold probate court. . . 74 

JUDGMENTS AND EXECUTIONS : 

Shares of stock held as collaterals 110 



PAGE. 

JURORS : 

Service of summons, act 1874, sec. 
11. amended m 

JUVENILE OFFENDERS : 

Appropriation for conveying to 
Reform School 47 

LABORATORY OF NATURAL HISTORY, 
AT NORMAL : 
Appropriation 51 

LAW LIBRARY : 

Appropriation 16 

LEVERS : 

Cities and villages, control of 68 

LIBRARIES-PUBLIC ; 

Cities, act 1872, sec. 1, amended 112 

LIBRARY-STATE : 
Appropriations : 

Books 50 

Salary of Assistant Librarian 50 

LICENSES : 

Dram shops 92 

LUCINGER, JACOB AND NICHOLAS : 

Appropriation 15 

MILITIA : 

Appropriation, National Guard ... 18 
Military Code, sec. 1, art. 10, 
amended 18 

PIER BOOMS: 

Illinois river bridges 54 

POLICEMEN: 

Warrants, served by 58 

POLICE AND FIREMEN: 

Relief funds in cities, act 1877 
amended 59 

PRACTICE: 

Motions by Clerks of Appelate and 
Supreme Courts 09 

PRINTING AND BINDING: 

Appropriation 48 

RAILROADS: 

Aid bonds, limitof liability to issue 122 

Consolidation 124 

Depots opened for passenger 

trains 125 

Elevated, right of way in cities and 

towns 126 

South East and St. Louis convey- 
ance of land 127 

Stock transfer offices 128 

RAILROAD AND WAREHOUSE COM- 
MISSIONERS: 

Appointment of State Weigh-mas- 
ter 172 

Appropriations 49 

Railroad Stock transfer offices 128 

REFORM SCHOOL: 

Appropriation 37 

REVENUE: 

Cities and villages, delinquent tax 

on special assessment 58 

General levy for State purposes. . . 129 
Taxes paid in error, appropriation 

to refund 48 



IV 



INDEX. 



Page. 
RIVERS: 

Illinois, bridge pier booms 54 

Saline, act 1849 declaring navigable 
repealed 123 

ROADS, HIGHWAYS and BRIDGES: 
Counties under township organiz- 
ation, act 1879, sec. 107, amended. 130 
Counties under township organiz- 
ation, act 1879 revised, act 1879 

repealed 136 

Hard road act for construction of 
gravel, rock, or Macadam 132 

SALARIES: 

Appropriation for officers of State 
government 43 

SCHOOLS; 

Bourbon district, act 1869, creating, 

repealed 164 

Compulsory education 167 

Districts, forming new 165 

Loaning funds regulated 164 

Teachers institutes, act 1872, sec. 

51. amended 166 

Training schools for boys 168 

SCHOOL FUND: 

Appropriation for distribution 50 

for State interest. . . 48 

SECRETARY OF STATE- 

Appropriations : 

Clerk hire, office, State House, etc. 45 

Heating and lighting State House. 49 

Janitors and watchmen 48 

Repairs heating department, State 

House 50 

Supreme Court reports 50 



SEWERAGE: 

Cities, tax levy. 



SHINNICK, RICHARD: 
Appropriation 



SPINK, ALFRED: 

Estate of, appropriation. 

STATE BOARDS— 



68 



38 



39 



Appropriations : 

Equalization 49 

Health 50 

Public Charities 46 



Page. 
STATE GOVERNMENT- 
Appropriations: 
Ordinary and contingent expen- 
ses 43 

Salaries of officers 43 

STATE House- 
Appropriations : 

For completion 39 

Heating and lighting 49 

Heating department, repairs 50 

Paving and curbing streets 41 

STREET RAILWAYS: 

Elevated ways and conveyors, 
right of way 126 

SUP'T. PUB. INSTRUCTION: 

Appropriation: clerk hire and of- 
fice expenses 46 

TAXES: 

General levy for State purposes... 129 

TELEGRAPHS AND TELEPHONES: 

Private lines, right of way 173 

TOWNSHIPS: 

New towns, organiz ation .... 1 74 

TREASURERS-COUNTY: 

Vacancies, how filled 70 

TREASURER OF STATE: 

Appropriation: clerk hire, office, 
watchmen 46 

Surplus bond funds, refunding 121 

UNCLAIMED PROPERTY: 

Sale of, act of 1874, sec. 1, amended. 175 

VINEGAR: 

Adulteration, penalties 176 

WAREHOUSEMEN: 

Sale of unclaimed property 175 

WASHINGTONIAN HOME: 

Act incorporating, amended 176 

WATER WORKS: 

Cities, tax levy 68 

WEIGH-MA STERS-STATE : 

Appointment and duties 172 

WILSON, ROBERT: 

Appropriation 52 



INDEX TO JOINT RESOLUTIONS. 



SENATE. 



Page. 
Bakewell, Julia A., conveyance of land. 182 

Bills, printing and binding 179 

Bills, synopsis of 178 

Bridges, sheer booms in Miss, river 183 

Bruce, Alex., claims 181 

Carbondale bonds. 183 

Eckert, T. W., committee clerk 178 

Lake Front suits, employment of coun- 
sel 181 



Page. 
Mississippi river bridge at East St. 

Louis, investigation 181 

Pensions for soldiers 179 

Rules. joint 178 

Shawneetown flood sufferers 179 

Veto power of Governor, to amend con- 
stitution 18(i 

Water-power at Joliet 184 

Yellowstone Park 180 



HOUSE. 



Adjournment for April elections 188 

Adjournment sine die 192 

Arms and accoutrements, sale of 190 

Chicago Historical Society, documents. 191 

Committee expenses, auditing •. ... 188 

Election returns, canvass 187 

Gambetta, death of 190 

Hennepin canal bill 191 



Indianapolis Board of Trade, thanks 

tendered 187 

Journal of House, printing daily 187 

Lincoln's home, purchase of 188 

Pieuro pneumonia among cattle 189 

Revenue, joint committee 189 

Senator, U. S., election 189