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LAWS 



STATE OF ILLINOIS, 



ENACTED BY THE 



THIRTY-FOURTH GENERAL ASSEMBLY, 



AT THE SESSION WHICH 



Commenced January 7, 1885, and Adjourned June 26, 1885. 



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



Springfield, III.: 
Journal Co., State Printers. 

1885. 



TABLE OF CONTENTS. 



LAWS. 

ANIMALS: PAGE. 

Act to revise the law in relation to contagious diseases 1 

Act to amend the act to prevent cruelty to 4 

APPROPRIATIONS : 

Agricultural boards 4 

Allen, William, heirs of 6 

Burrill and Gardner 6 

Canals— Illinois and Michigan. .. . 7 

Charitable Institutions : 

Asylum for Feeble Minded Children 8 

Blind 9 

Central Hospital for the Insane % 9,10 

Deaf and Dumb r 10,11 

Eastern Insane 12,13 

Eye and Ear Infirmary 14 

Northern Insane 15 

Soldiers' Orphans' Home 15 

Soldiers' and Sailors' Home 16 

. Southern Hospital for the Insane 20 

Woman's Hospital. ..: 20 

Dairyman's Association 21 

Executive mansion 21 

Educational Institutions: 

Normal University 22 

State Laboratory of Natural History 23 

Southern Normal 24,26 

University of Illinois 27 

General Assembly 29 

Geological Survey 30 

Hardin county 30 

HiU, William G 31 

Horticultural Society 32 

MeKee, George .' 32 

National Guard 33 

New Orleans Exhibit 33,34 

Paving streets, sidewalks and curbing . 36 



IV CONTENTS. 



Penal and Reformatory Institutions: page. 

Joliet Penitentiary 36,37 

Southern Penitentiary 38,39 

Reform School 39 

Ragsdale, Thomas A 40 

Ralph, William J 41 

Shawneetown 41 

Snow, Richard A ' 43 

State Government: 

General Assembly and State officers 43 

Ordinary and contingent expense, deficiency 43 

Ordinary and contingent, general ... 44 

State House, completion of 53 

White, Hiram W 54 

CANADA THISTLES: 

Act of 1872 concerning, amended 55 

CEMETERIES: 

Act to protect and to provide for .regulation and management 57 

CITIES TOWNS AND VILLAGES: 

Act to limit the compensation of officers, agents or employes 58 

Act to authorize cities and villages to convey real estate held by them for school pur- 
poses to the proper school officer 59 

Act to authorize drainage by special assessments. 60 

Act to legalize elections held for the purpose of organizing under the general cor- 
poration law 61 

Act to refund illegal taxes 61 

Act to amend section 27, article 9, of law for incorporation, concerning special 

assessments 62 

Act to amend sections 35 and 37, article 9, of law for incorporation, concerning special 

assessmen ts 63 

Act to amend the act of 1872 to enable cities to contract for water supply 64 

CIVIL RIGHTS: 

Act to protect all citizens in their rights. 64 

COURTS: 

Appellate: 

Written opinions *. 65 

Circuit: 
Terms changed 66, 67, 68, 69 

County: 

Bail in criminal cases 70 

Terms changed 71, 72 

Vacancies 72 

CRIMINAL CODE: 

Burglary 73 

Continuances , 73 

DRAINAGE: 

Assessments, extension of time ; 74 

Farm drainage, acts revised 77 

Levees, drains and ditches, act amended. 108 



CONTENTS. 



ELECTIONS: page. 

Clerk Criminal Court, Cook county 138 

Cities, towns and villages 139 

County board, neglect of duty . 187 

Primary 187,188 

Precincts , 193 

FERTILIZERS: 

Frauds in manufacture and sale 197 

FEES AND SALARIES: 

Jurors 198 

State's Attorney, reports 199 

FINES AND PENALTIES: 

Payment to Humane Societies 200 

FIRE ESCAPES: 

For buildings... 201 

FISH AND GAME : 

Fish 202 

Game 205 

FOOD: 

Canned goods ; 207 

GUARDIAN AND WARD: 

Final settlement 208 

INSURANCE: 

Tornado, etc., authorized 209 

JURORS: 

Special panels , 210 

MEDICINE AND SURGERY: 

Act to promote science of 211 

MILITARY CODE: 

National Guard, concerning 212 

MINES AND MINING: 

Health and safety, act amended 217 

Weighing coal at mine , 221 

MUNICIPAL BONDS: 

Surplus funds, refunding .-. 223 

PARKS: 

Commissioners may control in cities, towns and villages 224 

Streets leading to, control and improvement 225 

Tax levy for improvement, increase 226 

PENITENTIARIES: 

Joliet, act 1871 amended 227 

Southern, act 1877 amended 228 

PRACTICE: 

Fee bills in Appellate Court 229 



VI CONTENTS. 



RAILROADS: page. 

t 

Consolidation and extension of lines 229 

Crossings, act 1874 amended 231 

Publication of schedules in newspaper abolished :.. 232 

REVENUE: 

Levy for general State purposes 233 

Listing land for assessment 233 

Tax deeds 234 

ROADS, HIGHWAYS AND BRIDGES: 

In counties under townships organization, act amended 236 

In counties not under township organization, act amended 236 

SCHOOLS: 

Boys' Training, act 1883 amended 238 

County superintendents 240 

Elections under special charters f. 242 

Girls' Industrial, act amended 243 

Loaning funds 244 

Renting or leasing lands 246 

Surplus bond funds ."". , 247 

STEAM ENGINES: 

On public highway ■. 247 

SURVEYORS, COUNTY: 

Records, how kept - 248 

TOWNSHIP ORGANIZATION: 

Elections in certain cases 249 

New towns, limits 251 

UNITED STATES: 

Jurisdiction to lands ceded 252 

UNIVERSITIES: 

Illinois Industrial, name changed " 252 

WAREHOUSES: 

Committee of appeals 253 



JOINT RESOLUTIONS. 



Senate 254-260 

House 260-267 



LAWS OF ILLINOIS. 



animals: 



CONTAGIOUS DISEASES. 



§ 5. Damages against the State for animals 
slaughtered . 

§ 6. Powers of the board and Veterinarian 
in discharge of duties. 



7. Record and report of board. 



§ 1. Appointment of Live Stock Commis- 
sioners; term of office; oath of office. 

8 2. Investigation and extirpation of con- 
tagion among domestic animals. 

§ 3. Appointment of State Veterinarian; 

assistants; salaries and expenses. j § g Expenses of board paid. 

§4. Epidemic diseases: schedule of districts „ Q !„„,.„„■(„«„„„ 
and proclamation by the Governor; s ": Appropriations, 
violation; penalties. I S 10. Acts repealed. 

An Act to revise the law in relation to the suppression and prevention of the 
spread of contagious and infectious diseases among domestic animals. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That the Governor shall, with the 
advice and consent of the Senate, appoint three practical stock breeders, 
who shall constitute a board of live stock commissioners, who shall hold 
their office in the order in which they are named, the first for one year, 
the second for two years, and the third for three years; and their suc- 
cessors in office shall be appointed for three years each. Before entering 
on the duties of their office, they shall take and subscribe to an oath of 
office for the faithful performance of their duties as such commissioners, 
and shall file the same with the Governor. 

§ 2. It shall be the duty of said board of commissioners to cause to 
be investigated .any and all cases, or alleged cases, coming to their 
knowledge, of contagious or infectious diseases among domestic animals, 
and to use all proper means to prevent the spi'ead of such diseases, and 
to provide for the extirpation thereof; and in the event of reasonable 
ground for belief that any such contagious or infectious disease has 
broken out in this State, it shall be the duty of the person owning or 
having in charge animals infected with disease, or any other person hav- 
ing knowledge or reason to suspect the existence of such disease, to 
immediately notify said board of commissioners, or some member 
thereof, by communication to said board, of the existence of such disease, 
and thereupon it shall be the duty of said board, immediately to cause 



ANIMALS. 



proper examination thereof to be made, and if said disease shall be found 
to be a dangerously contagious or infectious malady, said board shall 
order said diseased animals, and such as have been exposed to contagion, 
to be strictly quarantined in charge of such person as the board, , or any 
authorized member thereof, shall designate, and they shall have power to 
order any premises or farms, where the disease exists or has recently existed, 
as well as exposed premises or farms, to be put in quarantine, so that no 
domestic animal which has been or is so diseased, or has been exposed 
to such contagious or infectious disease, be removed from or brought to 
the premises or places so quarantined; and said board shall prescribe 
such regulations as they may deem necessary to prevent such disease 
from being communicated in any way from the premises quarantined. 
The said board sha 1 have power to order the slaughter of diseased ani- 
mals, and in cases of contagious and infectious diseases, they shall 
have power to order the appraisement and slaughter of all such animals 
as have been exposed to such contagion. 

§ 3. The Governor shall appoint a competent veterinary surgeon, who 
shall be known as the State Veterinarian, who, together with his assis- 
tants, shall act under the direction of said board in carrying out the pro- 
visions of this act. In the event of the inability of the said State 
Veterinarian to perform allthe work which he may be directed to do by 
said board of commissioners, he may,by and with the advice and consent 
of said board, appoint necessary assistants, upon terms not exceeding 
that paid the State Veterinarian. The State Veterinarian shall receive 
for his services the sum of $8 per day for each day- actually employed 
under the provisions of this act, together with his necessary traveling 
expenses, to be certified to by said board of commissioners. 

§ 4. Whenever said board of commissioners shall report to the 
Governor that such diseases have become epidemic in certain localities in 
other States, or that their condition would render such domestic animals 
liable to convey diseases, he may, by proclamation, schedule such locali- 
ties, and prohibit the importation of any live stock, of the kind diseased, 
into the State, except under such regulations as may be prescribed by 
the said board and approved by the Governor. Any corporation which 
shall knowingly transport, receive, or convey such prohibited stocky shall 
be deemed guilty of a misdemeanor, and, upon conviction thereof, shall 
be fined not less than $1,000 nor more than $10,000 for each and every 
offense, and shall become liable for any and all damage or loss that may 
be sustained by any party or parties, by reason of the importation or 
transportation of such prohibited stock. Any individual who shall 
knowingly sell, buy, receive, convey, or engage in the traffic of diseased 
or exposed stock, shall be guilty of a felony, and upon conviction thereof, 
shall be imprisoned not less than one, nor more than ten years in*the 
penitentiary, and fined not less than $500 nor more than $5,000 for each 
and every offense, and shall become liable for any and all damage or loss 
that may be sustained by any party or parties, resulting from exposure 
to said diseases. Any veterinary practitioner having information of any 
such contagious or infectious disease in this State, and who shall fail to 
promptly report such knowledge to the board of live stock commission- 
ers, shall be fined not less than $100 nor more than $500, or be imprisoned 
in the county jail not more than one year for each offense. 

§ 5. All cases against the State arising from the slaughter of animals, 
as herein provided for, shall be made to said board of commissioners, 



ANIMALS. 



under such rules and regulations as they may prescribe, and it shall be 
the duty of said board of commissioners to determine the amount which 
shall be paid in each case on account of animals so slaughtered, which 
shall be based on the fair cash market value thereof for beef, or for use 
for dairy purposes, not to exceed seventy-tive dollars per head, and re- 
port the same to the Governor; but in no case shall there be anything 
allowed, or paid, for such animals as are already diseased at the time of 
their slaughter, and the Governor shall endorse thereon his order to the 
State Auditor, who shall thereupon issue his warrant on the State Treas- 
urer for the same. 

§ 6. Said board of commissioners, and the State Veterinarian and his 
assistants in the performance of their duties under this act, shall have 
power to call on sheriffs, constables and peace officers to assist them in 
carrying out its provisions, and it is hereby made the duty of sheriffs, 
constables and peace officers in this State to assist in carrying out the 
provisions of this act when ordered so to [do] by said board of commission- 
ers; and said commissioners, and the State Veterinarian and his assist- 
ants, shall have, while engaged in carrying out the provisions of this act, 
the same powers and protection that other peace officers have, 

§ 7. It shall be the duty of said board of commissioners to keep a 
record of all their acts and proceedings, and report the same to the 
Governor, annually, or oftener, if required, for publication. The annual 
report shall include an itemized statement of all sums expended by them 
under this act, including a statement of all damages recommended by 
them to be paid for all animals slaughtered and the amounts paid 
therefor. 

§ 8. The members of said board shall receive their necessary traveling 
expenses, and other incidental expenses, necessarily incurred in the per- 
formance of their duties under this act, to be paid on certified and 
itemized vouchers to be approved by the Governor. 

§ 9. The sum of ten thousand dollars, or so much thereof as may be 
necessary, is hereby appropriated out of the State treasury, out of any 
money not otherwise appropriated, for the purpose of carrying out the 
provisions of this act: Provided, that no part of this sum shall be used 
for the payment of damages for animals slaughtered under the provis- 
ions of this act. 

§ 10. All acts and parts of acts inconsistent herewith are hereby re 
pealed. 

Approved June 27, 18S5. 



APPROPRIATIONS. 



TO PREVENT CRUELTY. 



§1. 



Amends section 1, act 1877, by provid- 
ing 1 for the appointment of an officer 
in the city of Peoria. 



Amends section 4, by providing that ani- 
imals fed at distilleries, etc., he prop- 
erly cared for. 



An Act to amend 'sections one (1) and four (4) of an act entitled "An 
act to secure the enforcement of the law for the prevention of cruelty 
to animals,'''' approved May 25, 1877, in force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That section 1 and section 4 of an act 
entitled " An act to secure the enforcement of the law for the preven- 
tion of cruelty to animals," approved May 25, 1877, in force July 1, 1877, 
be amended so as to read as follows: 

" Section 1. That it is hereby made the duty of the Governor to ap- 
point, by and with the consent of the Senate, one officer for the town of 
Lake, Cook Co. ; one officer for East St. Louis, St. Clair Co., and one 
officer for the city of Peoria, Peoria Co., whose term of office shall be two 
years respectively, or until a successor to such officer shall be appointed 
and qualified, and the duty of each officer so appointed shall be to 
cause the enforcement of the law for the prevention of cruelty to ani- 
mals." 

" Section 4. It shall be the further duty of the officer so appointed 
to see that all stock in the stock yard or stock yards in his respective 
county, or at any distillery, brewery, factory, or other place where stock 
are confined, housed or fed, are properly fed and cared for, and that 
stock receive the full amount of feed for which the owner or shipper is 
charged." 

Approved June 30, 1885. 



APPROPRIATIONS. 



AGRICULTURAL BOARDS. 



Appropriates as follows: 

$5,000 per annum for State Fair and 
Fat Stock Show; county societies. 

.$2,400 per annum for salary of secre- 
tary. 

$1,500 per annum for clerk hire. 

$600 per annum for salary of curator. 

$600 per annum for porter. 



§ 3. 



$300 per annum for the museum. 

$1,200 per annum for collecting- crop 
statistics. 

$400 per annum for the library. 

$1,200 for office expenses. 
How drawn. 
Payment to county societies. 



An Act making an appropriation for the State Board of Agricidture 
and the county and other agricultural fairs. 

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 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 1885 



APPROPRIATIONS. 



and 1886; and for the use of each county or other agricultural society, 
the sum of one hundred dollars per annum, to be paid to the treasurer 
for the society, for fairs held in the years 1884 and 1885. 

For the salary of the secretary, the sum of two thousand four hun- 
dred dollars per annum, for the years 1885 and 1886. 

For clerk hire, the sum of fifteen hundred dollars per annum, for the 
years 1885 and 1886. 

For curator, the sum of six hundred dollars per annum for the years 
1885 and 1886. 

For porter, the sum of six hundred dollars per annum for the years 
1885 and 1886. 

For the agricultural museum, the sum of three hundred dollars per 
annum, for the years 1885 and 1886 

For the expense of collecting and publishing crop statistics, the sum 
of twelve hundred dollars per annum for the years 1885 and 1886. 

For the agricultural library, the sum of four hundred dollars per an- 
num, for the years 1885 and 1886. 

For office expenses, repairs, postage, expressage, the sum of twelve 
hundred dollars per annum, for the years 1885 and 1886. 

§ 2. That on the order of the president, countersigned by the secre- 
tary of the State Board of Agriculture and approved by the Governor, 
the State Auditor shall draw his warrant upon the Treasurer, in favor of 
the treasurer of the State Board of Agriculture, for the sums herein ap- 
propriated: 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 agricultural society, unless the order aforesaid 
be accompanied by a certificate of the State Board of Agriculture, show- 
ing that such agricultural society held an agricultural fair during the 
preceding year, in compliance with the rules and regulations, as provi- 
ded by law: Provided, further, that no part of the moneys herein pro- 
vided for shall be drawn from the public treasury, prior to the first day 
of July, A. D. 1885: And, provided, further, 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 
Agriculture 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 Ag- 
riculture, on the order of the president, countersigned by the secretary 
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 appro- 
priations received and disbursed by him. . 

Approved June 27, 1885. 



APPROPRIATIONS. 



HEIRS OF WILLIAM ALLEN, DECEASED. 

§ 1. Appropriates $1,900 to Mary F. Allen I S 3. How drawn. 
ft al. for damages to lands. 

An Act for the relief of the widow and heirs at law of William Allen, 
of Putnam county, Illinois, and making an appropriation for their 
benefit. 

Whereas, the General Assembly, by an act entitled "An act to pro- 
vide 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 count)*, Illi- 
nois," approved May, 31, 1879, appropriated (among other appropriations, 
for the benefit of many of such owners) to the said William Aden, the 
sum of one thousand nine hundred dollars, for damages sustained by 
him to his lands by reason of the construction of said dam across the 
Illinois river near Henry, Illinois ; and, whereas, the said one thousand 
nine hundred dollars remains wholly unpaid, said William Allen is 
dead, his administratrix discharged, and the said appropriation has lapsed 
into the State treasury ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That the said sum of one thousand nine 
hundred dollars be and the same is hereby appropriated to the use 
and benefit of the widow and heirs-at-law of the said William Allen, 
deceased, to-wit: Mary F. Allen widow, and John E. Allen, Mary Marten- 
bower, Annie J. Denning, Mattie A. Brumh'eld and William A. Stouffer, 
children, in payment of the damages allowed to him in the above act, and 
the same shall be in full of all c'aim or on demand for damages against 
the State sustained by said William Allen or his heirs at law, by reason 
of the construction of said dam. 

§ 2. Upon a release being filed with the Auditor of Public Accounts 
of all such damages which have or may hereafter accrue by the said 
widow and heirs at laws of -the said William Allen, the Auditor of Pub- 
lic Accounts shall draw his warrant for the sum of one thousand nine 
hundred dollars, on the State Treasurer, payable out of any funds not 
otherwise appropriated, in the State treasury, in favor of the said widow 
and heirs of the said William Allen, and the said State Treasurer shall 
pay the same out of any funds in the State treasury not otherwise appro- 
priated. 

Approved May 12, 1885. 



HENRY BURRILL AND WILLIAM H. GARDNER. 
§ 1. Appropriates $340.05 to pay certain claims. 

An Act to direct the Canal Commissioners to pay certain parties herein 
named the sum of 1340.95, due them out of the revenues of the Illi- 
nois and Michigan Caned. 

Whereas, from the "report of the Canal Commissioners, it appears 
that there is now due from said Canal Commissioners to Henry Bun-ill 



APPROPRIATIONS. 



and William H. Gardner, the sum of $340.95, on account of damages ac- 
cruing to the canal boat Belle France; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That the Canal Commissioners be, and 
are hereby, authorized and directed to pay to the said Henry Burrill 
and William H. Gardner, the said sum of $340.95, out of the revenues 
of the Illinois and Michigan Canal, upon said Burrill and Gardner, or 
their legal representatives, giving to said commissioners their receipt 
therefor in full satisfaction and release of all claim for damages on ac- 
count of loss to said canal boat and cargo. 

Approved June 30, 1885. 



CANAL-ILLINOIS AND MICHIGAN. 

§ 1. Appropriates $20, 000 per annum for re- I § 2. How drawn. 

pairs and running- expenses. | §3. Financial statements filed quarterly. 

An Act making- appropriations for the necessary repairs and running ex- 
penses of the Illinois and Michigan Canal until the expiration of the 
first fiscal quarter after the adjournment of the next General Assembly. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
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 adjournment of 
the next General Assembly, there is hereby appropriated from the 
State treasury, for the first year the sum of twenty thousand dollars 
($20,000), and for the second year the sum of twenty thousand dollars 
($20,000), 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 earn- 
ings of the canal have been fully exhausted in making needed repairs 
and defraying necessary expenses of operating the said canal. 

§ y. The appropriations made by this act shall only be paid upon 
detailed statements made by the Canal Commissioners, filed with the Audi- 
tor, bearing the order of the Canal Commissioners and the approval of the 
Governor. 

§ 3. Said Board of Canal Commissioners shall keep an accurate and 
detailed account of all moneys received by them from every source, to- 
gether with their disbursements and expenditui-es of every kind and 
nature, and at the end of each quarter transmit to the Auditor of Public 
Accounts a full and complete statement, showing, in detail, the amount of 
money received during said preceding quarter, from every source, and 
how and to whom the same has been disbursed. 

Approved June 27, 1885. 



APPROPRIATIONS. 



CHARITABLE INSTITUTIONS, STATE. 



ASYLUM FOR FEEBLE MINDED CHILDREN. 

§ 1. Appropriates $6,000 for purchase of land; $5, 000 for hospital building. 

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

Section 1. Beit enacted by the People of the State of Illinois, rep- 
resented in the General Assembly. That the following sums be, and are 
hereby, appropriated to the Illinois Asylum of Feeble Minded Children 
at Lincoln, for the purposes hereinafter named: 

For the purchase of thirty-eight acres of land lying west of and ad- 
joining the lands now owned by the State and occupied by the asylum, 
six thousand dollars ($6,000): Provided, that the Attorney-General shall 
examine and approve in writing the title to said land before warrant is 
drawn for the amount. 

For the erection of a detached hospital building and for furnishing 
and heating same, the sum of five thousand dollars ($5,000) . 

§ 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 pi'ovided by law. 

Approved June 27, 1885. 



ASYLUM FOR FEEBLE MINDED CHILDREN. 

§ 1. Appropriates as follows: 

|o6,500 per annum for ordinary ex- | -$500 per annum for improvement of 

penses. grounds. 

$3,000 per annum for repairs and im- I §2. How drawn. 

provements . | 

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

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That the following sums be and are 
hereby appropriated to the Illinois Asylum for Feeble Minded Children 
at Lincoln, for the purposes hereinafter named: 

For ordinary expenses, the sum of fifty-six thousand five hundred 
dollars ($56,500) per annum, payable quarterly in advance, from the first 
day of July, 1885, to the expiration of the first fiscal quarter after the 
adjournment of the next General Assembly. 

For repairs and improvements, three thousand dollai's per annum. 

For improvement of grounds, five hundred dollars per annum. 

§ 2. The money 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 2 7, 1885. 



APPROPRIATIONS . 



INSTITUTION FOR THE BLIND. 

§ 1. Appropriates as follows : $4,000 for storehouse and refrigerator. 

$30,000 per annum for ordinary ex- I $500 for sewer. 

penses. I $3,000 for pipe organ. 

$1,500 per annum for repairs. §2. How drawn. 

An Act making appropriations for the Illinois Institution for the Educa- 
tion of the Blind. 

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

For ordinary expenses, thirty thousand dollars per annum, payable 
quarterly in advance from July 1, 1885, until the expiration of the first 
fiscal quarter after the adjournment of the next General Assembly ; 

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

For the construction of a refrigerator and storehouse, four thousand 
dollars ($4,000) ; 

For the extension of sewer, five hundred dollars ($500) ; 

For the construction of a pipe organ, the sum of three thousand 
dollars. 

§ 2. The moneys herein appi'opriated 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 29, 1885. 



CENTRAL HOSPITAL FOR THE INSANE. 

§ 1. Appropriates as follows : $1,000 per annum for care of grounds. 

$144,000 per annum for ordinary ex- ! $16, 000 for purchase of lands. 

pen8es - Re-appropriates balance. 

$5,000 per annum for repairs and im- I . a H ri ,. flwn 
provements. | s 6 ' ±low mawn - 

An Act making appropriations for the Illinois Central Hospital for the 

Insane at Jacksonville. 

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 
hereby are, appropriated to the Illinois Central Hospital for the Insane 
at Jacksonville: 

For defraying the ordinary expenses of said hospital from July 1, 
1885, until the expiration of the first fiscal quarter after the adjournment 
of the next General Assembly, the sum of one hundred and forty-four 
thousand dollars ($144,000) per annum, payable quarterly, in advance. 

For improvements and repairs, five thousand dollars ($5,000) per an- 
num. 

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

For the purchase of lands, sixteen thousand dollars ($16,000), the title 
to such land to be examined and approved by the Attorney-General, be- 
fore the warrant shall be drawn for the amount. 



10 APPROPRIATIONS. 



Any balance remaining of the appropriation of one hundred and thirty- 
five thousand dollars ($135,000), or so much of such balance as may be 
needed, foran additional building made by the last General Assembly, 
after the same is fully completed in accordance with the act making the 
appropriation, is hereby re-appropriated for the purpose of constructing 
an additional reservoir, extending water pipes, and in increasing the 
water supply of the hospital. 

§ 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 pro- 
vided by law. 

Approved June 27, 1885. 



CENTRAL HOSPITAL FOR THE INSANE. 

§ 1. Appropriates $15,000 for fire-proof I §2. How drawn, 
doors, finishing' attics and fire walls. | 

An Act making appropriation to the Illinois Central Hospital for the 
Insane at Jacksonville, for additional protection against fire. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That the sum of fifteen thousand (15,000) 
dollars, or so much thereof as may be necessary, is hereby appro- 
priated out of the State treasury, out of any money not otherwise ap- 
propriated, to the Illinois Central Hospital for the Insane at Jackson- 
ville, for the purpose of putting in thirty-six iron fire-proof doors be- 
tween the different sections of the building; flooring, lighting and plast- 
ering all the attics, carrying out ventilating flues and extending fire 
walls above the roof between the different sections of the building. 

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

Approved June 27, 1885. 



institution for the deaf and dumb. 



$1, 800 for new boiler. 
$1,000 for sewerage. 
$8,000 for gymnasium. 
How drawn. 



§ 1. Appropriates as follows : 

$08,000 per annum for ordinary ex- 
penses. 
$5,000 per annum for repairs. 
$500 per annum for pupils' library. 
$4,000 for dairy barn. I 

An Act making appropriations for the support of the Illinois Institution 
for the Education of the Deaf and Dumb, and for other expenses 
thereof. 

Section 1. He it enacted by the People of the State of Illinois, rep- 
resented in the Genercd Assembly : That for the purpose of defraying 
the ordinary expenses of the Illiruois Institution for the Education of 



APPROPRIATIONS. II 



the Deaf and Dumb, and for the extension of its articulation depart- 
ment and the establishment of an aural department therein, the sum of 
ninety-eight thousand (98,000) dollars per annum is hereby appropria- 
ated out of the State treasury, payable quarterly in advance, from the 
first day of July, 1885, until the expiration of the first fiscal quarter 
after the adjournment of the next General Assembly. And that there 
be and are hereby appropriated the further sums of five thousand dol- 
lars ($5,000) per annum for repairs and improvements ; five hundred 
dollars ($500) per annum for the pupils' library; four thousand dollars 
($4,000) for the erection of a dairy barn ; one thousand eight hun- 
dred dollars ($1,800) for the purchase and setting of a new boiler, with 
'necessary attachments thereto ; one thousand dollars for the construc- 
tion of sewer to connect with sewer of the city of Jacksonville ; eight 
thousand dollars for the erection of a gymnasium and amusement hall. 

§ 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 29, 1885. 



* DEAF AND DUMB SCHOOL, CHICAGO. 

§ 1. Appropriate $5,000 in aid of school. | § 2. How drawn. 

An Act to appropriate money for the support of day schools for the edu- 
cation of deaf and dumb children, located in the city of Chicago. 

Section 1. Be it enacted by the Peojrfe of the State of Illinois, repre- 
sented in the General ^Assembly : That there be and is hereby appropria- 
ted, out of any money in the State ti'easury not otherwise appropriated, 
the sum of five thousand ($5,000) dollars, as a donation for the benefit of, 
and to be used in the support and maintenance of day schoo's in the city 
of Chicago for the education of deaf and dumb children, under the 
management of the board of education of said city, said money to be 
used in the education of deaf and dumb children in said schools, and 
said schools shall, so far as their accommodations will permit, receive 
deaf and dumb children of school age from any portion of the State. 

§ 2. The Auditor of Public Accounts is hereby authorized and direc- 
ted to draw his warrant on the State Treasurer for the sums 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 
treasurer of said city upon the orders of the said board for the expenses 
incurred in the education of deaf and dumb children in said day schools. 

Approved June, 27 1885. 



12 



APPROPRIATIONS. 



EASTERN HOSPITAL FOR THE INSANE . 



§ 1. Appropriates as follows: 

$2,000 for improvement of grounds 
per annum. 

$2, 000 for stock and farm implements 
per annum. 

.$17,000 for kitchen fixtures, laundry 
and shops, pipe covering - , furniture, 
hath house and morgue. 

$2,000 for library, musical instruments 
and pictures. 



$15,000 for repairs and improvements. 
$7,500 for painting. 
$18, 600 for lands. 
$500 for farm drainage. 
$230, 000 for ordinary expenses per an- 
num. 



§ 2. How drawn. 



An Act making an appropriation for the ordinary and other expenses of 
the Illinois Eastern -Hospital for the Insane at Kankakee . 

Section 1. Beit 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 Eastern Hospital for the Insane at 
Kankakee, for the purposes hereinafter named and for no other: 

For improvement of grounds, two thousand dollars ($2,000) per an- 
num for two years. 

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

For fixtures for the kitchen, laundry and shops, and pipe covering and 
furniture for south wing and other new buildings, bath house and morgue, 
seventeen thousand dollars ($17,000). 

For library, musical instruments, and pictures for wards, two thous- 
and dollars ($2,000). 

For repairs and improvements, fifteen thousand dollars ($15,000). 

For inside and outside painting, seven thousand five hundred dollars 
($7,500). 

For seventeen acres of land, three thousand six hundred dollars 
($3,600). 

For farm land, fifteen thousand dollars ($15,000); and the lands pur- 
chased shall join other lands owned by the State. 

For farm drainage, five hundred dollars ($500). 

For ordinary expenses for one year from July 1, 1885, the sum of two 
hundred and thirty thousand dollars ($230,000), and from the 1st of 
July, 1886, at the rate of two hundred and thirty thousand dollars 
($230,000) per annum 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 now provided by law: And, 
provided, further, that the sums hereby appropriated for the improve- 
ments herein, to be the full amounts for the objects specified, and the 
trustees shall not make any contract for any portion of the above pur- 
poses, or expend any portion of the appropriation hereby made, unless 
the said appropriation is sufficient to complete all of the said improve- 
ments and finish the same. 

Approved June 26, 1885. 



APPROPRIATIONS. 13 



EASTERN HOSPITAL FOR THE INSANE. 

§ 1. Appropriates as follows : $7, 500 for electric lights. 

$73,000 for completion of main build- $6,000 for bath house and conserva- 

ing. tory. 



$35,000 for completion of north wing. 
$2,000 for gallery in amusement hall. 
$8,000 for ice, slaughter and packing 

house. 
$12,000 for kitchen and boiler house 

and shop and feed mill. 



§ 2. Contracts must fall within the amount 
appropriated for specific purposes; 
unexpended balances of former ap- 
propriations. 



An Act making appropriations for the Illinois Eastern Hospital for the 

Insane at Kankakee. 

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 Eastern Hospital for the Insane 
at Kankakee, for purposes hereinafter named, and for no other: 

For the construction and completion of the main building, to- wit: 
Main wards B and C south, to accommodate 75 patients, seventy-three 
thousand dollars ($73,000). 

For the construction and completion of the north wing of the employes 
quarters, and for sewing, tailor and upholstering shop, thirty-five thousand 
dollars ($35,000). 

For gallery in amusement hall, two thousand dollars ($2,000). 

For ice, slaughter and packing house, eight thousand dollars ($8,000). 

For detached kitchen and boiler house, and shop and feed mill, twelve 
thousand dollars ($12,000). 

For the electric lights, seven thousand five hundred dollars ($7,500). 

For bath house for males, and house for plants, six thousand dollars 
($6,000). 

§ 2. The trustees shall not contract for, nor begin the erection of any 
building or buildings which cannot be fully completed within the amount 
of the present appropriations; but they may use any unexpended balances 
of the appropriations heretofore made or herein specified, for the better 
accomplishment of the purposes of this act, namely: to make the earliest 
and fullest provision for the insane of this State which may be expe- 
dient and possible: Provided, no portion of any sum herein appropriated 
shall be- diverted from the specific purpose for which it is appropriated. 

§ 3. 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 27, 1885. 



eastern hospital for the insane. 

§ 1. Appropriates as follows: $5, 000 for fire escapes. 

$17, 000 for re-building south infirmary. $7, 000 for fire apparatus. 

$6, 000 for fire-proof floors and walls. | §2. How drawn. 

An Act making an appropriation for re-building and re-furnishing the 
South Infirmary of the Illinois Eastern Hospital for the Insane at 
Kankakee, and for providing fire protection, fire apparatus and fire 
escapes for said hospital. 

Section 1 . Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: That there be and are hereby appropriated 



14 



APPROPRIATIONS. 



to the Illinois Eastern Hospital for the Insane at Kankakee, the follow- 
ing amounts for the purpose herein specified, and for no other: 

For re-building and refurnishing the south infirmary of said hospital, 
seventeen thousand dollars ($17,000). 

For constructing fire-proof floors and walls around and above all 
furnaces in detached wards of said hospital, six thousand dollars ($6,000). 

For constructing fire escapes on outer walls of the building of said hos- 
pital, five thousand dollars ($5,000). 

For hose-house, hose-cart, hose, ladders, reels, hydrants about rear 
buildings, electric alarms and signals, and other fire apparatus for said 
hospital, seven thousand dollars ($7,000). 

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

Approved June 27, 1885. 



EYE AND EAR INFIRMARY. 



Appropriates as follows : 

$18,000 per annum for ordinary ex- 
penses. 

$1,000 for repairs, per annum. 

$3,500 for furniture. 



$800 for new floors. 

$225 for new range. 

$200 for library. 

$2,000 foir heating- apparatus. 

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, repre- 
sented 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 eighteen thousand dollars ($18,000) per annum 
from the 1st day of July, 1885, payable quarterly in advance, until the 
expiration of the first fiscal quarter after the adjournment of the next 
General Assembly. 

§ 2. For the purpose making needed repairs and improvements, the 
sum of one thousand dollars per annum; for furniture, the sum of two 
thousand five hundred dollars ($2,500) for the first year, and one thou- 
sand dollars ($1,000) for the second year; for new floors, eight hundred 
dollars ($800); for new range, two hundred and twenty-five dollars, 
($225); for enlarging kitchen, six hundred dollars ($600); for library, 
two hundred dollars ($200); for steam heating apparatus, the sum of 
two thousand dollars ($2,000). 

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

Approved June 27, 1885. 



APPROPRIATIONS. 



15 



NORTHERN HOSPITAL FOR THE INSANE. 



§ 1. Appropriates as follows: 

$100,000 per annum for ordinary ex- 
penses. 

$10. 000 per annum for repairs and con- 
tingencies. 

$1,000 per annum for care of grounds. 

$1,500 for fences. 



.$5,000 for reservoir for water for fire 
purposes. 

$4,289.53 for outside fire-line and 
hydrants. 

$1,360 for fire escapes and apparatus. 

$1,400 for fire pump. 

How drawn. 



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 tfie purposes .hereinafter named, and for no other : 

For ordinary expenses, payable quarterly in advance, for the year 
commencing July 1, 1885, the sum of one hundred thousand dollars 
(-$100,000), and the sum of one hundred thousand dollars (-$100,000) 
per annum thereafter, until after the expiration of the first 
fiscal quarter a'fter the adjournment of the next General Assembly, — 
1200,000. 

For repairs and contingent fund, the sum of five thousand dollars 
($5,000) per annum, — $10,000. 

For care and improvement of grounds, the sum of one thousand dol- 
lars ($1,000) per annum,— $2,000. 

Additional appropriation for front fence, the sum of one thousand 
five hundred dollars ($1,500). 

For artificial lake or reservoir for storage of water for fire purposes, 
the sum of five thousand dollars ($5,000). 

For outside fire-line, including hydrants, the sum of four thousand 
two hundred and eighty-nine dollars and fifty- three cents ($4,289 53). 

For fire escapes, fire extinguishers, hose-cart and hose (2,000 feet), 
extension ladders and other appliances, the sum of four thousand three 
hundred and sixty-six dollars ($4,366). 

For one fire pump with foundation, stand pipe, valves, piping, etc., 
the sum of one thousand four hundred dollars ($1,400). 

§ 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 26, 1885. 



SOLDIERS' ORPHANS' HOME. 



Appropriates $50,000 per annum for or- 
dinary expenses; $5,000 for repairs 
and improvements; $400 for pupils' 
library. 



How drawn. 



An Act making appropriations to the Soldiers' Orphans'' Home. 

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 



16 



APPROPRIATIONS. 



hereby are, appropriated to the Soldiers' Orphans' Home, at Normal, for 
the purposes named: 

For ordinary expenses, fifty thousand dollars per annum, payable 
quarterly in advance, from July 1, 1885, until the expiration of the first 
fiscal quarter after the adjournment of the next General Assembly. 

For repairs and improvements, five thousand dollars. 

For books and papers for pupils' library, four hundred dollars. 

§ 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 27, 1885. 



SOLDIERS' AND SAILORS' HOME. 



§ 1. Establishes a Soldiers' and Sailors' 
Home. 

§ 2. Appropriates $200,000 for the purchase 
of site and grounds and erection of 
buildings. 

§ 3. Object of the institution. 

§ 4. Appointment of commissioners to lo- 
cate; oath of commissioners; selec- 
tion of site. 

§ 5. Expenses of location. 

§ 6. Donations in aid of said home; no do- 
nation shall be received in considera- 
tion of the location. 

§ 1. Trustees; appointment, qualification 
and duties. 

§ 8. Plans Slid specifications for building; 
approval by the Governor. 

§ 9. Proposals for construction ; advertise- 
ment. 



§ 10. Opening of bids ; letting contract ;bonds 
of bidders. 

§ 11. Contract; terms; bond for perform- 
ance, superintendentof construction; 
payment of contractor on estimates; 
arbitration of disputes; changes, etc. 

§ 12. Contract, how executed. 

§ 13. Bids in detail; estimates for payment 
in detail. 

§ 14. Cost of location and grounds; limita- 
tion. 

§ 15. Appropriations, how drawn. 

§ 16. Trustees or officers shall not be inter- 
ested in contracts. 

§ 17. Abstract of title to lands purchased. 

§ 18. Rules and regulations for governing 
the home. 



An Act to establish and maintain a Soldiers'' and Sailors'' Home in the 
State of Illinois, and making an appropriation for the purchase of 
land and the construction of the necessary buildings. 

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 created 
and established a Soldiers' and Sailors' Home in the State of Illinois, 
which shall possess all the corporate and other powers, and be subject to 
all the rules, regulations and conditions expressed in an act entitled "An 
act to regulate the State Charitable Institutions, and State Reform 
School, and to improve their organization and increase their efficiency," 
approved April 15, 1875. 

§ 2. For the purchase of the site and the necessary land, which shall 
include not less than forty acres, nor more than three hundred and 
twenty acres, and for constructing buildings thereon for the "Soldiers' 
and Sailors' Home," and fit the said buildings for occupancy and use, 
there is hereby appropriated the sum of two hundred thousand dollars 
($200,000), to be paid out of any moneys in the State treasury not other- 
wise appropriated as hereinafter provided. 



APPROPRIATIONS. 17 



§ 3. The object of the Soldiers' and Sailors' Home shall be to provide 
a home and subsistence for honorably discharged ex-soldiers and sailors 
who enlisted from Illinois in the United States army or navy, during: 
the war of the rebellion and the Mexican war, or who have since become 
and now are residents of the State of Illinois, who may have become 
disabled through the exigencies of such service, or who by reason of old 
age, or other disabilities, are disqualified from earning a livelihood, and 
who, under existing rules, are unable to procure admission to National 
Homes. 

§ 4. That within ten days after taking effect of this act, the Governor 
shall appoint seven commissioners, not more than four of whom shall 
belong to the same political party and no two of whom shall be from the 
same congressional district. Said commissioners shall take and file irt< 
the office of the Secretary of State the following oath: "I do solemnly 
swear that I will support the constitution of the United States and of 
this State, and will faithfully discharge the duties of commissioner to 
locate the Soldiers' and Sailors' Home for the State of Illinois, accord- 
ing to the best of my ability, and that I have not received and will not 
knowingly or intentionally, directly or indirectly, receive any money or 
other consideration from any source whatever, for any vote or influence 
I may give or withhold, or for any other official act I may perform' as* 
such commissioner." And as soon as possible after their appointment and! 
qualification, shall proceed to select a site for the said Soldiers' and: 
Sailors' Home at such place as shall be at the same time most economi- 
cal to the State and best adapted to the' wants of the institution, haviiag- 
regard, in the selection, to elevation, sewerage and drainage, and abund- 
ant supply of living water, facilities of access, the quality of the soil and 
the price asked for the land. 

§ 5. The said commissioners shall perform the duties imposed on 
them by the provisions of this act, without any compensation for their 
services, except their actual necessary expenses, incident to the location 
of sai 1 home, shall be paid from said appropriation. 

§ 6. The said commissioners are empowered and authorized to re- 
ceive, in behalf and for the benefit of the State, any donations of money, 
personal property, or real estate, offered for the purpose of aiding in the 
establishment of such home and for the future maintenance and comfort 
of disabled and indigent soldiers, sailors and mariners; but such dona- 
tions shall not be received as consideration for the location of such home 
at any particular place. 

§ 1. Within ten days after the selection of the site, the Governor 
shall appoint three trustees for the said Soldiers' and Sailors' Home, not 
more than two of whom shall belong to the same political party and who 
shall be a body corporate and politic, and shall be subject to the same 
rules, regulations, conditions and purposes as trustees of other State 
charitable institutions as now provided by law. 

§ 8. The said trustees are directed and required to cause to be pre- 
pared suitable plans and specifications by a competent architect, (for 
which not more than one per cent, shall be allowed, payable in install- 
ments as the work progresses, which shall be submitted to the Governor 
for his approval), but no plans shall be adopted by the trustees which 
shall not first have been approved by the Governor. Said plans shall 
be accompanied by specifications and by a detailed estimate of the 
—2 



APPROPRIATIONS. 



amount, quality and description of all material and labor required for 
the erection and full completion of the buildings according to said plans. 

§ 9. Whenever the said plans and specifications shall have been 
approved and adopted, the trustees shall cause to be inserted in at least 
two of the daily or weekly newspapers, in the cities of Chicago, Spring- 
field and the city or town at or near which the said home shall be perma- 
nently located, an advertisement for sealed bids for the construction of 
the buildings herein authorized; and they shall furnish a printed cojjy of 
the act and of the specifications to all parties applying therefor; and all 
parties interested who may desire it shall have iree and full access to the 
plans, with the privilege of taking notes and making memoranda. 

§ 10. Not less than thirty days after the publication of said proposals 
for bids, on the day and hour te> be named in said advertisement, at the 
place where the said institution shall be located, in the presence of the 
bidders, or so many of them as may be present, the bids received shall 
be opened for the first time, and the contract for building shall be let to 
the lowest and best bidder: Provided, that no contract shall be made and 
no expense incurred for any building or buildings requiring for the com- 
pletion of the same a greater expense than is provided for in the appro- 
priation made in this act: And provided, further, that no bid shall be 
accepted which is not accompanied by a good and sufficient bond in the 
penal sum of ten thousand dollars, signed by at least three good and 
sufficient sureties, conditioned as a guarantee for the responsibility and 
good faith of the bidder, and that he will enter into contract and give 
bond as provided in this act in case his bid is accepted. 

§ 11. The contract, to be made with the successful bidder, shall be 
accompanied by a good and sufficient bond, to be approved by the Governor 
before accepted, conditioned for the faithful performance of his contract, 
shall provide for the appointment of a superintendent of construction 
who shall receive not more than five dollars per day for his services, and 
who shall carefully and accurately measure the work done and the 
materials upon the grounds at least once a month, and for the payment 
of the contractor upon the aforesaid measurement and for the withhold- 
ing of fifteen per cent, of the value of the work done and materials on 
hand until the completion of the building, and for a forfeiture of a stip- 
ulated sum per diem for every day that the completion of the work 
shall be delayed after the time specified for the completion in the contract, 
and for the full protection of all persons who may furnish labor or 
materials, by withholding payment from the contractor, and by paying 
the parties to whom any moneys are due for service or materials as 
aforesaid directly for all work done or materials furnished by them in 
case of notice given to 'the trustees that any such party apprehends or 
fears that he will not receive all money due, and for the settlement of 
all disputed questions as to the value of alterations and extras, by arbi- 
tration at the time of final settlement, as follows: one arbitrator to be 
chosen by the trustees, one by the contractor and one by the Governor 
of the State, all three of said arbitrators to be practical mechanics and 
builders; and for the power and privilege of the trustees under the con- 
tract to order changes in the plans at their discretion and to refuse to 
accept any work which may be done, not fully in accordance with the 
letter and spirit of the plans and specifications; and all work not accepted 
shall be replaced at the expense of the contractor; and for a deduction 



APPROPRIATIONS. 19 



from the current price of all alterations ordered by the trustees, which 
may and do diminish the cost of all buildings. They may also make 
such other provisions and conditions in the said contract, not herein 
above specified, as may seem to them necessary or expedient: Provided, 
that no conditions shall be inserted contrary to the letter and spirit of 
this act, and that in no event shall the State be liable for a greater 
amount ot money than is appropriated for said building and its 
appurtenances. 

§ 12. The said contract shall be signed by the president of the board 
of trustees on behalf of the board after a vote authorizing him so to 
sign shall have been entered upon the minutes of the board, and it shall 
be attested b'y the signature of the secretary of the board and by the 
seal of the institution. It shall be drawn in triplicate and one copy of the 
same shall be deposited in the office of the Board of Public Charities of 
this State. 

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

§ 14. The cost of location, including the cost of suitable grounds, 
may be paid out of the appropriations herein made, but shall not exceed 
the sum of ten thousand dollars. 

§ 15. The moneys herein appropriated shall be paid to the parties 
to whom they may become due and payable directly from the treasury 
of the State, on the warrant of the Auditor of Public Accounts; and the 
Auditor is hereby authorized and required to draw the said warrants for 
money due under this act, upon the order of the board'j'of trustees accom- 
panied by vouchers approved by the Governor as now provide! by law. 

§ 16. No trustee or officer of the said institution shall be in any way 
interested in any contracts for the erection of said buildings or furnish- 
ing any materials for said buildings; and if any such trustee or officer 
shall be so interested he shall be deemed guilty of a misdemeanor, and, 
on conviction, be fined in any sum not exceeding five thousand dollars. 

§ 17. Before making payment for the lands, for the purchase of 
which provision is herein made, the seller shall furnish to the trustees an 
abstract of title, which shall be submitted by the trustees to the Attorney- 
General for examination, and to the Governor for his approval, and no 
money shall be paid for the said lands without a perfect conveyance of 
title in fee simple to the State by a warrantee deed 

§ 18. Said trustees shall have the power and it shall be their duty to 
make such reasonable rules and regulations, governing the admission, 
maintenance and discharge of inmates of said home, as shall not be 
inconsistent with the spirit and provisions of this act, and of the act 
herein referred to. 

Approved June 26, 18S5. 



20 



APPROPRIATIONS. 



SOUTHERN HOSPITAL FOR THE INSANE. 



§ 1. Appropriates as follows: 

$100,000 per annum for ordinary ex- 
penses. 

$5,000 per annum for repairs and im- 
provements. 

$1,000 per annum for care of grounds. 

$3,258 for culvert and filling-. 



$2, 920 for slaughter house and cooling- 
room. 

$3, 550 for conservatory and gate house. 

$2,500 for settling basin. 

$6,500 for new boilers. 

$3, 100 for carpenter and paint shop. 
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, repre- 
sented 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, the sum of one hundred thousand dollars per 
annum, payable quarterly in advance, from July 1, 18S5, until the expi- 
ration of the first fiscal quarter after the adjournment of the next Gen- 
eral Assembly. 

For improvements and repairs, the sum of five thousand dollars per 
annum. 

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

For a stone culvert and earth fill, three thousand two hundred and 
fifty-eight dollars. 

For renewing fences on the farm, five hundred dollars. 

For slaughter house, with cooling room, two thousand nine hundred 
and twenty dollars. 

For conservatory and gate house, three thousand five hundred and 
fifty dollars. 

For additional settling basin, two thousand five hundred dollars. 

For new boilers, six thousand five hundred dollars. 

For a carpenter and paint shop and machinery, thirty-one hundred 
dollars. 

§ 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 pro- 
vided by law. 

Approved June 27, 1885. 



WOMAN'S HOSPITAL, CHICAGO. 



§1. 



Appropriates $10,000 in aid of the 
Woman's Hospital of Chicago. 



How drawn. 



An Act making an appropriation to the Woman's Hospital of Chicago, 

Illinois. 

Whereas, there is no hospital in the State, adequate to the wants 
of the community, exclusively devoted to the treatment of the diseases 
and accidents peculiar to women, irrespective of creed, color or condition 
in life; and 



APPROPRIATIONS. 21 



Whereas, the Womxn's Hospital, of C ucago, is striving to erect 
and maintain such an institution for the afflicted women of the State; 
therefore, 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That the sum of ten thousand do'lars be 
and the same is hereby appropriated, out of any money in the treasury 
not otherwise appropriated, for the benefit of the Woman's Hospital, 
of Chicago. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer for the sum of ten 
thousand dollars, payable to the order of Julia Daggjr, president of the 
board of managers, and the State Treasurer is hereby authorized to pay 
said warrant out of any money 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 1113' 
office before the Expiration of said ten days, it has thereby become a law. 

Witness my hand this 7th day of July, A. D. 1885. 

HENRY D. DEMENT, 

• Secretary of State. 



DAIRYMEN'S ASSOCIATION. 

§ 1. Appropriates $500 in aid of the Illinois I § 2. How drawn. 
Dairymen'^ Association. 

An Act to aid the Illinois Dairymerfs 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: That the sum of five hundred dollars ($500), 
per annum, be and the same is hereby appropriated to aid the Illinois 
Dairymen's Association in compiling, 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 May 29, 1885. 



EXECUTIVE MANSION. 

•§ 1. Appropriates as follows: $3,000 for fence around the grounds. 

$4, 000 for building- a kitchen. | §2. Itemized account of expenditures made 

to the legislature. 



$1,000 for repairing- drives and walks 

•$3,000 for repainting- and repairing 
mansion and coal house. 



3. How drawn. 



An Act making an appropriation for repairing the executive mansion 
and grounds, and building a kitchen for the mansion. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That there be and hereby is appropri- 
ated, out of any moneys in the treasury not otherwise appropriated, for 



22 



APPROPRIATIONS. 



the purpose of repairing the executive mansion and grounds and build- 
ing a kitchen for the mansion, the following sums: 

First — For constructing an addition to the executive mansion for 
kitchen, four thousand dollars. 

/Second — For repairing driveways and sideways within the executive 
mansion grounds, one thousand dollars. 

Third— For repainting and repairing the executive mansion and re- 
pairing stable and coal house, three thousand dollars. 

Fourth — For constructing a fence around the executive mansion 
grounds, three thousand dollars. 

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

§ 3. Said money shall be subject to the order of the Governor, and 
shall be used by him for the purpose aforesaid. The Auditor of Public 
Accounts shall, on the presentation of such order of the Governor, 
draw his warrant on the Treasurer therefor and the Treasurer is hereby 
directed to pay the same. 

Approved June 27, 1885. 



EDUCATIONAL INSTITUTIONS. 



NORMAL UNIVERSITY AT NORMAL. 



§ 1. Appropriates as follows: 

One-half of the interest on the col- 
lege and seminary funds. 

$18,500 additional for salaries and ex- 
penses. 



$3,.000 for repairs and improvements. 
I 2. How drawn. 



An Act to make an appropriation for the ordinary and other expenses of 
the Illinois State Normal University, at Normal. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That there be and hereby is appro- 
priated to the State Normal University, in addition to one-half of the 
interest of the college and seminary funds, which is hereby appropriated, 
the further sum of eighteen thousand five hundred dollars per annum, 
payable quarterly in advance, for the payment of salaries, for the pur- 
chase of fuel, for additions to the library, for school apparatus, and for 
incidental expenses; for the building of outhouses and making repairs, 
the sum of three thousand dollars: Provided, that the expenses of the 
model school connected with and forming a part of the said State Nor- 
mal University, shall be paid out of the receipts for tuition of pupils in 
said school, and not from the above appropriation or any part thereof. 



APPROPRIATIONS. 23 



§ 2. The Auditor of Public Accounts is hereby authorized and re- 
quired to draw his warraatupon the Treasurer for the aforesaid sums of 
money, upon the order of the Board of E location of the State of Illi- 
nois, signed by the president and attested by the secretary of said board, 
with the corporate seal of said institution: Provided, that satisfactory 
vouchers in detail, approved by the Governor, shall be riled 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 tiied. 



Approved June 26, 1885, 



STATE LABORATORY OF NATURAL HISTORY. 



§ 4. Director of the Laboratory may lie State 
Entomologist ; salary. 

§ 5. Appropriations for salaries, etc. 

§ 6. How drawn, 

§ 7. Expiration of this act. 



§ 1. Transfer of the State Laboratory of 
Natural History, at Normal Univer- 
sity, to the University of Illinois. 

§ 2. Care of the University. 

§ 3. Supply of specimens to the State mu- 
seum and the educational institutions 
in the State ; State natural history 
survey; publication of reports ; size 
of reports. 

An Act respecting the State Lriora'ory of Natural History and the 
State Entomologist 's Office. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That the -Board of Education of the 
State of Illinois is hereby authorized and directed to transfer to the 
Board of Trustees of the Illinois Industrial University all the property 
now under their charge, belonging to the establishment known as the 
State Laboratory of Natural History, excepting that needed to illustrate 
the natura' history work of the State Normal University, and further 
excepting a full series of the objects prepared and mounted for exhibi- 
tion as museum specimens. 

§ 2. The trustees of the Illinois Industrial University are hereby 
authorized and directed to receive from the State Board of Education 
the property mentioned in the preceding section, and to hold the same 
for the benefit of the State of Illinois. They shall also have power to 
appoint a director of the laboratory and such assistants as the work of 
the establishment may require, the latter upon the nomination of the 
director. 

§ 3. The State Laboratory of Natural History is hereby especially 
charged with the supply of natural history specimens to the State 
museum, to the State educational institutions, and to the public schools. 
It shall be a further duty of the director of said laboratory to conduct 
a natural history survey of the State, giving preference to subjects of 
educational and economic importance ; and he sha'l present for publica- 
tion, from time to time, a series of systematic reports covering the en- 
tire field of the zoology and the cryptogamic botany of Illinois. These 



24 APPROPRIATIONS. 



reports* shall not exceed six volumes in number, of 500 pages each, (not 
including plates) and shall be of the geneial form and typography of 
those of the State Geological Survey. 

§ 4. The director of the laboratory may also be State Entomologist, 
in which case his salary as director shall cease and an amount equal to 
the quarterly installments thereof shall be deducted, each quarter, from 
the sum due the laboratory under legislative appropriations then current. 

§ 5. There is hereby appropriated to the State Laboratory of Nat- 
ural History, for the field work and office and incidental expenses of 
the laboratory, the sum of six hundred dollars per annum ; for the travel- 
ing, office and incidental expenses of the State Entomologist, the sum 
of six hundred dollars per annum ; for the improvement of the library, 
the sum of one thousand dollars per annum ; for the salary of the di- 
rector, the sum of two thousand dollars per annum ; for the pay of the 
entomological assistant, the sum of one thousand dollars per annum-; 
for the pay of the botanical assistant, the sura of one thousand dollars 
per annum ; for miscellaneous assistance, the sum of one thousand dol- 
lars per annum ; for the publication of bul etins, the sum of three hun- 
dred dollars pe'r annum, and for the preparation and publication of the 
second volume of the report upon the zoology of the State, the sum of 
fifteen hundred dollars per annum. 

§ 6. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrant on the Treasurer for the suras hereby ap- 
propriated, upon the order of the president of the board of trustees of 
the Illinois Industrial 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 
vouchers in detail, approved by the Governor, shall be filed with the 
Auditor for the expenditure of the last quarter'y instal ment of appro- 
priations herein or heretofore made. 

§ 7. This act shall be and continue in force from the first day of 
July, A.D. 1S85, until the expiration of the first fiscal quarter after the 
adjournment of the next General Assembly. 

Approved June 27, 1S85. 



SOUTHERN NORMAL UNIVERSITY. 



Appropriates as follows: 

One-half of the interest on the college 
and seminary lunds. 

•$13,216.14 per annum for salaries. 

$1,000 per annum for fuel. 

$:j00 per annum for repairs. 

$200 per annum for library. 



$150 per annum for apparatus. 

$200 per annum for museum. 

$500 per annum for expenses of 
trustees. 

$300 per annum for care of grounds. 

How drawn. 



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

Section 1. Beit enacted by the People of the StaU of Illinois, repre- 
sented in the General Assembly: That there be, and is hereby appropri- 
ated to the Southern Illinois Normal University, at Carbondale, in Jack- 
son county, in addition to the one-half of tlie interest on the college 



APPROPRIATIONS. 



25 



and. seminary fund, which is hereby appropriated, the further sura of 
thirteen thousand two hundred and sixteen dollars and forty-four cents 
($13,216.44) per annum, for the payment of salaries; the sum of one 
thousand dollars ($1,000) per annum, for fuel; the sum of three hundred 
dollars (-$300) per annum, for repairs; the sum of two hundred dollars 
'($200) per annum, for library; the sum of one hundred and fifty dol'ars 
($150) per annum, for apparatus; the sum of two hundred dollars ($200) 
per annum, for the museum; the sum of five hundred dollars ($500) per 
annum, for the expenses of the trustees; and the sum of three hundred 
dollars ($300) per annum, for the care of the grounds; and these several 
sums shall be payable quarterly in advance, from the first day of July, 
1885, to the expiration of the first fiscal quarter after the adjournment 
of the next General Assembly. 

§ 2 The Auditor of Public Accounts is hereby authorized and re- 
quired to draw his warrants upon the State Treasurer for said sums, 
upon the order of the trustees of the said Southern Illinois Normal 
University, signed by their president a' d attested by their secretary, 
with the corporate seal attached: Provided, that satisfactory vouchers 
in detail, approved by the Governor, shall be filed quarterly with the 
Auditor of Public Accounts for all expenses, ordinary and extraordinary, 
of the preceding quarter, and no part of the money hereby appropri- 
ated shall be due and payable until such vouchers have been filed. 

Approved June 27, 1885. 



SOUTHERN NORMAL UNIVERSITY. 



§ 1. Appropriates $15?, 065 for rebuilding- the 
Southern Normal University. 

§2. Plans and specifications. 
§ 3. Advertising- for bids for construction. 
§ 4. Opening- bids and letting contract 
§5. Contract and bond; terms of the con- 
tract. 



§ 8. 
§ 9. 



Execution of the contract. 

Bids shall be in detail; payment as the 

work prog-resses. 
How appropriations shall be drawn. 

Trustees or officers of the institution 
shall not be interested in c jntract. 



An Act to make an appropriation for rebuilding the Southern Illinois 
Normal University at Carbondale, Illinois. 

Section 1. Be it enact' d by the People of the State of Illinois, repre- 
sented in the General Assembly : That there be and is hereby appro- - 
priated the sum of one hundred and fifty-two thousand and sixty-five 
dollars, payable out of any moneys in the State treasury not otherwise 
appropriated, for rebuilding the Southern Illinois Normal University at 
Carbondale, Illinois. 

§ 2. The said trustees are directed and required to cause to be pre- 
pared suitable plans and specifications by a competent architect (for 
which not more than one per cent, sha'l be allowed, payable in install- 
ments as the work progresses, which shall be submitted to the Governor- 
for his approval), but no plans shall be adopted by the trustees which 
shall not first have been approved by the Governor. Said plans shall be 



26 APPROPRIATIONS. 



accompanied by specifications and by a detailed estimate of the amount, 
quality and description of all material and labor required for the erec- 
tion and full completion of the buildings according to said plans. 

§ 3. Whenever the said plans and specifications shall have been 
approved and adopted, the trustees shall cause to be inserted in at least 
two of the daily or weekly newspapers in the cities of Chicago, Spring- 
field and the city or town at or near which the said university shad be 
permanently located, an advertisement for sea'ed bids for the construc- 
tion of the buildings herein authorized, and they shall furnish a 
printed copy of this act and of the specifications to all parties applying 
therefor; and a 1 parties interested, who may desire it, shall have free 
and full access to the p'ans with the privilege of taking notes and mak- 
ing memoranda. 

§ 4. Not less than thirty days after the publication of said proposals 
for bids, on a day and hour to be named in said advertisement, at the 
place where the said university shall be located, in the presence of the 
bidders, or so many of them as may be present, the bids received shall 
be opened for the first time, and the contract for building shall be let to 
the lowest and best bidder: Provided, that no contract shall be made 
and no expense incurred for any building or buildings, requiring for the 
completion of the same a greater expense than is provided for in the 
appropriation made in this act: And, provided, farther, that no bid shall 
be accepted which is not accompanied by a good and sufficient bond in 
the penal sum of ten thousand dol'ars, signed by at least three good and 
sufficient sureties, conditioned as a guarantee for the responsibility and 
good faith of the bidder, and that he will enter into contract and give 
bond as provided in this act, in case his bid is accepted. 

§ 5. The contract to be made with the successful bidder shall be ac- 
companied by a good and sufficient bond, to be approved by the Gov- 
ernor, before accepted, conditioned for the faithful performance of his 
contract; shall provide for the appointment of a superintendent of con- 
struction who shall receive not more than five dollars per day for his 
services, and who shall carefully and accurately measure the work done 
and the materials upon the grounds at least once in every month, and 
for the payment of the contractor upon the aforesaid measurement, and 
for the withholding of fifteen per cent, of the value of the work done 
and materials on hand until the completion of the building, and for a 
forfeiture of a stipulated sum per diem for every day that the com- 
pletion of the work shall be delayed after the time specified for its com- 
pletion in the contract, and for the full protection of all persons who 
may furnish labor or materia s, by withholding payment from the con- 
tractor, and by paying the parties to whom any moneys are due for 
service or materia's as aforesaid, direct'y for all work done or materials 
furnished by them, in case of notice given to the trustees that any such 
party apprehends or fears that he will not receive all money due; and for 
the settlement of all disputed questions as to the value of aUerations 
and extras, by arbitration at the time of final settlement, as follows: 
one arbitrator to be chosen by the trustees, one by the contractor and 
one by the Governor of the State, all three of said arbitrators. to be 
practical mechanics and builders, and for the power and privilege of the 
trustees under the contract to order changes in the plans at their dis- 
cretion, and to refuse to accept any work which may be done, not fully 



APPROPRIATIONS. 2*7 



in accordance with the letter and spirit of the plans and specifications;, 
and all work not accepted shall be replaced at the expense of the con- 
tractor; and for a deduction from the current price of all a'terations 
ordered by the trustees which may and do diminish the cost of all 
buildings. They may also make such other provisions and conditions in 
the said contract, not herein above specified, as may seem to them 
necessary or expedient: Provided, that no conditions shall be inserted 
contrary to the letter and spirit of this act, and that, in no event, shall 
the State be liable for a greater amount of money than is appropriated 
for said building and its appurtenances. 

§ 6. The said contract shall be signed by the president of the board 
of trustees, on behalf of the board, after a vote, authorizing him so to 
sign, shall have been entered upon the minutes of the board, and it shall 
be attested by the signature of the secretary of the board and by the seal 
of the university. It shall be drawn in triplicate, and one copy of the 
same shall be deposited in the office of the board of education of 
this State. 

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

§ 8. The moneys herein appropriated shall be paid to the parties to 
whom they may become due and pavab'e directly from the treasury of 
the State, on the warrant of the Auditor of Pubic Accounts; and the 
Auditor is hereby authorized and required to draw the said warrants for 
money due under this act, upon the order of the board of trustees,, 
accompanied by vouchers approved by the Governor as now provided 
by law. 

§ 9. No trustee or officer of the said institution shall be in any way 
interested in any contracts for the erection of said building or furnishing 
any materials for said buildings; and if any such trustee or officer shall 
be so interested he shall be deemed guilty of a misdemeanor, and, on 
conviction, be fined in any sum not exceeding five thousand dollars. 

1 Approved June 27, 1885. 



UNIVERSITY OF ILLINOIS. 

§ 1. Appropriates as follows: $1,500 per annum for the library. 

$1,000 per annum for the museum. 



$2, 000 per annum for payment of 
taxes on lands. 

$3, 000 per annum for repairs. 

$1,500 per annum for laboratories. 

$1,500 per annum for mechanical in- 



$12,000 per annum for salaries. 

$2,000 per annum for tools and ma- 
chinery. 
$4, 500 for fire walls and ventilation. 
How drawn. 



An Act making appropriations for the Illinois Industrial University. 

Section 1. Be it enacted by the PeopU of the State of Illinois, repre- 
sented in the General Assembly : That there be and hereby is appropria- 
ted to the Industrial University, at Urbana, for the payment of taxes- 



■28 APPROPRIATIONS. 



accruing in the years 1884 and 1885, on lands owned and held by the 
State for the use of said institution, in the county of Gage, in the State 
of Nebraska, and in the counties of Pope, Kandiyohi and Renville, in 
the State of Minnesota, the sum of two thousand dollars ($2,000) per 
annum. 

For current repairs and improvements on buildings and grounds for 
the said university, during the years 1885 and 1886, the sum of three 
thousand dollars ($3,000) per annum. 

For current expenses of the chemica 1 , physical and botanical laborato- 
ries of the said university, for the years 18 35 and 18S6, the sum of one 
thousand five hundred dollars ($1,500) per annum. 

For current expenses of educational work and the practical instruc- 
tion of students in the mechanical shops of the said university, for the 
years 1885 and 1886, the sum of one thousand five hundred dollars 
($1,500) per annum. 

For the university library and museums, for the years 1885 and 1886, 
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 preserving 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 1885 and 1886, twelve thousand dollars 
($12,000) per annum. 

For additional tools and machines for the mechanical shops for the 
years 1885 and 1886, two thousand dollars ($2,000) per annum. 

For building fire walls in the mansard roof of the main building and 
for additional ventilation of the same, four thousand five hundred dol- 
lars ($4,500). 

§ 2. The Auditor of Public Accounts is hereby authorized and directed 
to draw his warrant on the Treasurer for the sums herein appropriated, 
payable out of any money in the treasury and not otherwise appropri- 
ated, upon the order of the president of the board of trustees of the said 
university, attested by its secretary, and with the corporate seal of the 
university : Provided, that no part of the said sums shall be due and 
payable to the said institution until satisfactory vouchers in detail, ap- 
proved by the Governor, shall be filed with the Auditor for all previous 
expenditures incurred by the institution on account of appropriations 
heretofore made : And, provided, further, that vouchers shall betaken 
in duplicate, and original or duplicate vouchers shall be forwarded to 
the Auditor of Public Accounts for the expenditures of the sums appro- 
priated in this act. 

Approved June 27, 1885. 



APPROPRIATIONS 29" 



GENERAL ASSEMBLY. 



1. Appropriates $5,000 for the incidental 
expenses of the 34th General Assem- 
bly. 



§ 2. How drawn. 
§ 3. Emergency. 



An Act to provide for the incidental expenses of the Thirty -fourth Gen- 
eral Assembly, and for the care and custody of the State house and 
grounds, incurred or to be incurred, and note unprovided for. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented 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-fourth General Assem- 
bly, or eitlrer branch thereof, or by the Secretary of State in the dis- 
charge 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 to 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 a>d the General Assembly, therefore an emergency exists, 
and this act shall take effect from and after its passage. 

Approved February 14, 1885. 



GENERAL ASSEMBLY. 

§ 1. Appropriates$30,000fordeficiency in the I § 2. Emergency, 
fund for the payment of employes of 
the 34th General Assembly. 

An Act making an additional appropriation for the payment of the 
emp>loyes of the Thirty-fourth 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 appropri- 
ated an additional sum of thirty thousand dollars ($30,000), or so much 
as may be necessary to pay the employes of the Thirty-fourth 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 by law. 

§ 2. Whereas, there does now exist a deficiency in the appropriation 
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 April 29, 1885. 



UO APPROPRIATIONS. 



GEOLOGICAL SURVEY. 

§ 1. Preparation of Vol 8 of Slate survey; | § 3. Appropriates $5, 000 for the purpose. 

5,000 copies printed; style of work. § 4. How drawn. 
§ 2 How volume shall be distributed. 

.An Act to provide for the preparation and publication of volume 8, of 
the Geological Survey of Illinois. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
-sentedinthe General Assembly: That the Curator- of the State Historical 
Library and Natural History Museum, who is required to perform such 
duties as may by law be required of the State Geologist, shall, during 
the ensuing two years, collect and prepare for pub'ication, in a style con- 
formable with the volumes of the geological survey already published, a 
volume with such maps, sections and plates as he may deem necessary 
■to properly illustrate the same; this volume to be entitled "Volume 8, of 
the Geological Survey of Illinois;" five thousand copies of said volume to 
be printed and bound by State authority, under the law authorizing State 
printing and binding, the paper for the same to be furnished by the 
Secretary of State, under the contract for printing paper and stationery, 
and the printing to be done in style of type and press work conformable 
with that of the preceding volumes, and acceptable to the said director. 

§ 2. This volume, when published, sha'l be distributed as follows: 
Five copies to each member and one copy to each officer of the Thirty- 
fourth General Assembly; one copy to each State officer; one copy to 
each college, high school and public library in the State; one copy to 
each State library in the United States; three hundred copies to the 
director of the work, for foreign distribution and exchange, and the re- 
mainder to be distributed by the Secretary of State. 

§ 3. For carrying out the provisions of this act, the sum of five 
thousand dollars ($5,000) per annum, is hereby appropriated, or so much 
thereof as may be required \,o prepare the said volume for publication, 
to pay the salaries of such assistants as may be required, for traveling 
and incidental expenses, and for drawing, engraving and printing such 
plates and sections as may be required to properly illustrate the volume. 

§ 4. The Auditor of Public Accounts is hereby authorized and re- 
quired to draw his warrant on the State Treasurer for the sum above 
named, on vouchers du'y certified by the director of the work, and ap- 
proved by the Governor; and the State Treasurer shall pay said amount 
out of the funds hereby appropriated. 

Approved June 27, 1885. 



HARDIN COUNTY. 

§ 1. Appi-opriates $1,500 for purchase of I § 2. How drawn, 
books and records. 

An Act to reimburse the county of Hardin for loss and damage of 
boohs, library and public records by fire. 

Whereas, on the nineteenth day of May, A. D. 1884, the, court house 
of the county of Hardin, together with a large amount of public prop- 
erty, including all the books and library, public and official records in 
said county, were consumed by fire ; and, 



APPROPRIATIONS. 31 



Whereas, the financial condition of said county is such as to make 
it extremely difficult and burdensome to county authorities and tax- 
payers to rebuild a court house in and for said county, and supply the 
necessary books, library and records for the use of said county ; there- 
fore, 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in Hie General Assembly : That the sum of fifteen hundred 
($1,500) dollars be, and the same is, hereby appropriated to reimburse 
the county of Hardin for the losses sustained in the total destruction of 
the books, library and public records of said county by fire, as aforesaid. 

8 2. The appropriation hereby made shall be used exclusively in pur- 
chasing one set of Illinois Reports for each of the offices of the county 
clerk and circuit clerk of said county, and in supp'ying the necessary 
public records far said county ; and the Auditor of Public Accounts is 
hereby authorized to draw his warrants upon the Treasurer for the 
aforesaid sum of fifteen hundred dollars, payable to the person or 
persons furnishing the Illinois Reports, books and necessary public 
records for said county as aforesaid, payment for the articles and sup- 
p'ies so furnished to be made, from time to time, by the Auditor of 
Public Accounts, in such sum or sums as the county board of said 
county, by order made when in session and entered of record, may des- 
ignate. 

Approved June 27, 1885. 



WILLIAM G. HILL. 

§ 1, Appropriates $2,500 for damages, for ] § 2. How drawn, 
personal injury. 

An Act to make an appropriation for the relief of William G. Hill, to ho was 
disabled by the premature discharge of a cannon belonging to the State 
of Illinois. 

Whereas, William G Hill was, on the 24th day of October, 1879, 
permanently injured by the premature discharge of a cannon belonging to 
the State of Illinois, at a soldiers' re-union, near Belleville, Illinois; and 
Whereas, said cannon was honey-combed and unfit for use; and 
Whereas, said Hill, by said premature discharge, lost his right arm 
and his left eye; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That the sum of two thousand and 
five-hundred dollars be and the same is hereby appropriated^ out of any 
money in the treasury not otherwise appropriated, for the re ief of said 
William G. Hill, which sum shall be in full for all damages he sus- 
tained through the premature discbarge of said cannon. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer for the sum of two 
thousand and five hundred dollars, to the order of the said William G. 
Hill, and the State Treasurer is hereby authorized to pay the same out of 
any money in the State treasury not otherwise appropriated. 

Approved June 26, 1885. 



32 APPROPRIATIONS. 



HORTICULTURAL SOCIETY. 
§ 1. Appropriates ^2, 000 in aid of the society. 

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

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That there be appropriated for the use 
of the Illinois State Horticultural Society the sum of two thousand dol- 
lars ($2,000) per anoum for the years 1885 and 1886, to be expended by 
said society for the purpose and in the manner specified in "An act to 
reorganize the II inois Horticultural Society," approved March 24, 18 74. 

Approved June 27, 1885. 



GEORGE MCKEE. 
§ 1. Appropriates .$2, 500 for injuries received by the explosion of State cannon. 

An Act making appropriation for the relief of George McKee, who 
was disabled through the premature discharge of a piece of ordnance 
belonging to the State of Illinois. 

Whereas, George McKee, a private of company "B," First Artillery, 
of the Second Brigade Illinois National Guard, was detailed to fire a 
salute on the occasion of the burial of James A. Garfield, late President 
of the United States ; and 

Whereas, while firing said salute in obedience to the command of 
his superior officer, the said George McKee was injured by a premature 
discharge of the piece of ordnance he was required to use on that occa- 
sion, having his left hand blown off, right hand seriously injured, and a 
piece of the ramrod blown through his right shoulder ; and also, 

Whereas, said piece of ordnance was defective, honey-combed and 
unsafe to handle by reason of its holding fire ; therefore, 

Section 1. JBe it enacted. by the People of the State of Illinois, rep- 
resented in, the General Assembly : That the sum of two thousand five 
hundred do lars be appropriated out of the treasury, out of any fin ds 
not otherwise appropriated, for the purpose of compensating the said 
George McKee in full, for all the damages he sustained through the 
premature discharge of said piece of ordnance. 

§ 2. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrant on the State Treasurer for the sum herein 
specified, to the order of the said George McKee, and the State Treasurer 
shall pay the same out of any funds in the State treasury not otherwise 
appropriated. > 

Approved June 23, 1885. 



APPROPRIATIONS. 33 



NATIONAL GUARD. 

§ 1. Appropriates $2, 190.75, received by the Adjutant General for the sale of unserviceable 

arms, to the military fund. 

An Act to appropriate the ptroceeds of the sale of unserviceable cannon, 
small arms, accoutreynents and other property belonging to the State of 
Illinois, gold under joint resolution of the 33d General Assembly. 

Whereas, the Thirty-third General Assembly by joint resolution 
authorized the Adjutant General to dispose of, by sale, all unserviceable 
cannon, small arms, accoutrements and other property stored in the State 
arsenal and belonsrino; to the State of Illinois, and directed that all 
moneys accruing from such sale be covered into the State treasury and 
credited to'the military fund; and 

Whereas, the said military fund was abolished by law prior to such 
sale, the money accruing therefrom consequently lapsing; and 

Whereas, it was the evident intention of the 33d General Assembly 
that the proceeds of such sale be placed to the credit and for the advan- 
tage of the military department of the State; therefore, 

[Section 1.] Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That the sum of two thousand owe 1 ' 
hundred and ninety ($2,190) dollars and seventy-five (75) cents, the- 
amount of the proceeds of said sale, be and the same is hereby appropri- 
ated to be placed to the credit of that part of the military fund known 
as the "one-quarter fund" to pay the expenses of the Illinois National 
Guard for the year ending June 30, 1884, aud June 30, 1885. 

Approved June 23, 1885. 



NEW ORLEANS EXHIBIT. 

§1. Appropriates $5,000 to properly display §3. Emergency, 
the Illinois Exhibit at the World's Ex- 
position, New Orleans . 

§ 2. Appoints commissioners to expend the 
the sum appropriated and requires an 
itemized report of their transactions. 

An Act to make an appropriation for the purpose of completing and 
properly displaying the Illinois exhibit at the World 's Exposition at 
New Orleans. 

Whereas, by reason of the lack of sufficient means to place it in 
proper condition for exhibition, the Illinois exhibit at the New Orleans 
Exposition is incomplete and unsatisfactory in many respects, and places 
our State at a humiliating disadvantage in comparison with others less 
favored; and 

Whereas, it seems that it is not too late to amplify and complete 
the exhibit and properly arrange those already on hand at comparatively 
small cost, and thereby place our State and thus make the exhibit some- 
thing like a fair expression of the resources, wealth, commercial im- 
portance, position, and prestige of Illinois, among her sister States; 
therefore, 

—3 



34 APPROPRIATIONS. 



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 the sum of live thousand dollars to procure such materials as can 
be easily and promptly obtained to complete the Illinois exhibit at the 
New Orleans Exposition, and to make such suitable decorations and 
other arrangements as are necessary to properly exhibit what has a'ready 
been procured and delivered. 

§ 2. The Auditor is hereby authorized and required to draw his 
warrant on the Treasurer of the State for the said sum of five thousand 
dollars^ ($5,000), payable to 0. A. Kellar, of Mt. Vernon, and T. J. Glenn, 
of Chicago, who, in conjunction with the United States Commissioner 
for Illinois, are hereby appointed special commissioners for the State, 
and authorized to expend the same or such part thereof as may be 
necessary for the purpose above named, and whose duty it is hereby 
made to render to the Governor of this State, within thirty days after 
the close of said Exposition, a full and true account, in itemized detail, 
of the money so expended, and to return any unexpended balance to the 
State Treasurer. 

§ 3. Whereas a necessity exists for said appropriation, therefore 
an emergency exists for said act, and said act shall take effect and be in 
force from and after its passage. 

Approved February 24, 1885. 



NEW ORLEANS EXHIBIT. 

II. Appropriates $5, 000 for continuing - and I §3. Appoints commissioners to expend the 
completing'. appropriation. 

An Act to make an appropriation for the purpose of completing, con- 
tinuing and properly dispjlaying the Illinois exhibit at the World's 
Exposition at New Orleans. 

Section 1. JBe it enacted by the People of the State of Illinois, rep>re- 
■sented in the General Assembly: That there be and is hereby appro- 
priated the sum of five thousand dollars to continue and complete the 
Illinois exhibit at the World's Exposition at New Orleans, and to make 
such suitable decorations, improvements and other arrangements as 
may be necessary to properly exhibit what has already been procured 
and delivered. 

§ 2. That the Auditor of Public Accounts is authorized and re- 
quired, upon properly certified vouchers, to draw his warrant on the 
Treasurer of the State for the said sum of five thousand dollars, pay- 
able to T. J. Glenn, of Chicago, James C. Robinson, of Springfield, 
who, in conjunction with the United States Commissioner for Illinois, 
are authorized to expend the same, or such part of it as may be neces- 
sary, for the purpose of making such decorations, improvements and 
arrangements, and whose duty it is hereby made to render to the Gov- 
ernor of this State, within thirty days after the close of said exposi- 
tion, a full and true account, in itemized detail, of the money so ex- 
pended, and to return any unexpended balance to the State Treas- 
urer : Provided, that none of the said sum of five thousand dollars is 



APPROPRIATIONS. 35 



to be expended until it is assured to the satisfaction of the Governor 
of the State that said exposition will be continued for another season: 
And, provided, further, that all material collected by the State shall be 
returned to the museum of the State at Springfield. 



Approved June 27, 1885. 



PAVING STREETS AND FOR SIDEWALKS AND CURBING, 

§ 1. Requires the Secretary of State to have j § 2. Appropriates 623,600 for the purposes 
sidewalks, curbing- and coping on j specified in section 1, of this act. 

the four sides of the executive 
• mansion grounds, constructed, and 
to procure the paving of the streets 
abutting thereon to the center of 
said streets; also abutting State 
property on First street* 

An Act to provide for the construction of curb and flag stones on the four 

. sides of the executive mansion grounds, and for the paving of one-half 

the streets on the four sides thereof, and also for the curbing and paving 

of one half of First street in front of certain property owned and 

occupied by the State of Illinois. 

Section 1 . Be it enacted by the People of the State of Illinois, rep- 
resented 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 flagging with stone coping on the four sides of 
the executive mansion grounds in the city of Springfield, and a stone 
curbing on First street along the west side of the property owned and 
occupied by the State, and also to procure the construction of a good 
and substantial pavement of wood, stone or brick, to the centre of the 
several streets on the four sides of said executive mansion grounds, and 
to the center of First street in front of the property owned and occupied 
by the State: Provided, that the center of the street on the east side of 
said executive mansion grounds shall be held to extend to within one 
foot of the west rail of the horse railway ti*ack situated on said street; 
the said curbing, flagging, coping and paving to be of good and substan- 
tial material, and the labor to be performed in a good and workmanlike 
manner upon plans and specifications to be furnished by the Secretary 
of State, and under contracts let by him upon public notice to the lowest 
responsible bidder. 

, § 2. The sum of twenty-three thousand six hundred dollars, or so 
much thereof as may be necessary, is hereby appropriated for the expen- 
ditures authorized in this act, and the Auditor of Public Accounts is 
hereby required to draw his warrants on the Treasurer, payable out of 
such appropriation for the payment of such expenditures, upon the presen- 
tation 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 said streets hereinbefore 
described. 

Approved June 23, 1885. 



36 APPROPRIATIONS. 



PENAL AND REFORMATORY INSTITUTIONS. 



JOLIET PENITENTIARY. 
§ 1. Appropriates f 5, 000 for completing- the artesian well. 

An Act making an appropriation for completing the new artesian well at 
the Illinois State Penitentiary at Joliet. 

Section 1. JBe it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That the sura of tive thousand dollars, 
or so much thereof as may be necessary, be and the same is hereby ap- 
propriated to the II inois State Penitentiary at Joliet, for the purpose of 
completing the artesian well lately sunk inside the walls of said peniten- 
tiary, and for tubing the same with iron pipe in such manner as to secure 
separation of the different qualities of water which flow from the differ- 
ent depths of said well. 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrant upon the State Treasurer for the money herein appropriated, 
upon the order of the board of commissioners of said penitentiary, signed 
by the president and attested by the secretary, with the seal of said 
institution thereto affixed. 

Approved June 27, 1885. 



JOLIET PENITENTIARY. 

§ 1. Appropriates as follows: $5,000 per annum for repairs. 

|l, 300 for ceilings in shops. $15,000 for disposing of the sewage. 

An Act making appropriations for repairs and improvements in the 
Illinois State Penitentiary at Joliet. 

Section 1. Be it enacted by t lie People of the State of Illinois, repre- 
sented 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 putting ceilings in shops numbered one, two, three, eleven, twelve 
and thirteen, in block D, in said penitentiary, the sum of thirteen hun- 
dred dollars, or so much thereof as may be necessary. 

For painting, relaying floors, repairing and repoiriting* walls, repairing 
roofs, sidewalks, steam and water pipes, engines, boilers and machinery, 
and making such other repairs as may be required to keep the machin- 
ery and fixtures, buildings, walls, grounds and appurtenances of said pen- 
itentiary in as good condition as they now are, the sum of tive thou- 
sand dollars ($5,000) per annum, or so much thereof as may be neces- 
sary, from the first day of July, 1S85, to the expiration of the first 
fiscal quarter after the adjournme'it of the next General Assembly. 

For disposing of the sewerage [sewage] of the Illinois State Peni- 
tentiary in such sanitary manner as the penitentiary commissioners may 
determine to be best, the sum of fifteen thousand dollars (-$15,000), or so 
much thereof as may be necessary. 



APPROPRIATIONS. 37 



§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrant upon the State Treasurer for the moneys herein appro- 
priated, upon the order of the board of commissioners of said pen- 
itentiary signed by the president and attested by the secretary, with 
the seal of said institution thereto attached. 



Approved June 27, 1885. 



JOLIET PENITENTIARY. 

§ 1. Appropriates $50,000 for ordinary ex- I § 2. Vouchers and statements filed; how 
penses. drawn. 

An Act to provide for ttie ordinary expenses of the Illinois State Peni- 
tentiary at Joliet. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That the sum of fifty thousand dollars, 
or so much thereof as may be necessary, be, and the same is, hereby 
appropriated as a penitentiary fund, to defray such portions of the cur- 
rent expenses of the Illinois State Penitentiary at Joliet, until the expi- 
ration of the first fiscal quarter after the adjournment of the next regular 
session of the General Assembly, as the earnings of convict labor in 
said 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 tne 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 commissioners of said penitentiary, approved by the Governor, 
as hereinafter 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 preceding 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 commissioners, and approved by 
the Governor. If a necessity exists for drawing money under the pro- 
visions of this act, said commissioners shall file with the Auditor an 
additional statement, sworn to, certified and approved as herein required 
for their month'y statements, which shall show the balance of cash on 
hand, and all sums, in detail, due to and from said penitentiary and shall 
also show that the availab'e 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. 

Approved June 26, 1885. 



38 



APPROPRIATIONS. 



SOUTHERN PENITENTIARY. 

§ 1. Appropriates as follows: $2S,300.44- for work shops, reservoir, foundation south cell 

house . 

An Act making an appropriation for the erection of certain . buildings 
at the Southern Illinois Penitentiary. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That the sum of twenty-eight thou- 
sand three hundred dollars and forty-four cents ($28,300.44), 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, to be 
expended by the commissioners of the Southern Illinois Penitentiary, as 
follows : 

For the erection of a work shop, $12,976.75. 
For a reservoir, $1,711.75. 
For a house over reservoir, $854.96. 
For foundation of south cell house, $7,209.00. 
For a State workshop, $5,547.98. 

Said commissioners shall contract only such portions of said work as 
cannot be done by convict labor. 

§ 2. Said commissioners are hereby authorized to draw the money, 
necessary for either of said buildings, upon presenting to the State 
Auditor a requisition approved by the Governor ; and the Auditor is 
hereby authorized and instructed to draw his warrant on the Treasurer 
for such amount, upon the presentation of such requisition. After hav- 
ing drawn such sum, said commissioners shall only have authority to 
draw the money necessary for one building at a time, and then only on 
presenting to the Auditor a requisition as above required, with an ab- 
stract of all expenditures under the appropriation last drawn, approved 
by the Governor and accompanied with the vouchers for the same. 

§ 3. Said commissioners shall make full report to the Auditor of 
all receipts and expenditures made by them as now required by law. 

Approved June 27, 1885. 



SOUTHERN PENITENTIARY. 



1. Approp riates as follows : 

2. $160 000 for ordinary expenses. 
$600 for iron planer. 

$450 for boiler. 

$600 for steam drill. 

$600 for washing machine. 



$250 for wringer. 
$75 for mangle. 
$1,300 for rotary oven. 
$1,000 for furniture. 
How drawn. 
Statement of account. 



An Act making appropriation to meet the ordinary expenses of the 
Southern Illinois Penitentiary and for the pmrchase of machinery 
and furniture. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That the following sums, or so much 
thereof as may be necessary, be, and the same are, hereby appropriated 
~"t of any money in the State treasury not otherwise appropriated, for 

fi following purposes: 



APPROPRIATIONS. 39 



§ 2. For the purpose of meeting the ordinary expenses of said peni- 
tentiary for the two years ending June 30, 1887, the sum of one hundred 
and sixty thousand do'lars ($160,000). 

For one iron planer, six hundred dollars ($600). 
For one boiler, four hundred and fifty dollars ($450). 
For one steam drill, six hundred do lars ($600). 
For one washing machine, six hundred dollars ($600). 
For one wringer, two hundred and fifty dollars ($250). 
I For one mangle, seventy-five dollars ($75). 

For one rotary oven, thirteen hundred dollars ($1,300). 
For furniture, one thousand dollars ($1,000). 

§ 3. The Auditor of Public Accounts is hereby authorized and re- 
quired to draw his warrant on the State Treasui'er for the money herein 
appropriated, payable to the order of the commissioners of said peniten- 
tiary, in sums not exceeding ten thousand dollars ($10,000), at any one 
time, on receiving the certificate of said board of commissioners, approved 
by the Governor, that' such money is necessary for the purposes of 
this act 

§ 4. After said board of commissioners shall have drawn any of the 
money hereby appropriated, they shall not draw, or receive any more 
thereof, so long as there shall remain in their hands an amount, unex- 
pended, 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 29, 1885. 



REFORM SCHOOL. 



Appropriates as follows: 
$50, 000 per annum for ordinary expen- 
ses. 

$1,000 per annum for repairs and im- 
provements. 

§200 per annum for pupils library. 
$55,000 for kitchen, bakery, dining- 
room and chapel. 



$4, 000 for repairs to workshop. 
$850 for new carburetter and fan. 
$1,000 for grading-. 
$2, 100 for new sing-le beds. 
How drawn. 



An Act making appropriations for the State Reform School. 

Section 1. Be it enacted by the Peopjle of the State of Illinois, rep- 
resented in the General Assembly: That the following amounts be, and 
are hereby, appropriated to the Illinois State Reform School at Pontiac: 

For ordinaiy expenses, the sum of fifty thousand dollars per annum, 
payable quarterly in advance, from July 1, 18S5, until the expiration of 
the first fiscal quarter after the adjournment of the next General As- 
sembly. 

For repairs and improvements, one thousand dollars per annum. 

For pupils' library, two hundred dollars per annum. 



40 APPROPRIATIONS. 



For tbe erection, completion and furnishing of a new kitchen, bakery, 
dining room and chapel, fifty-five thousand dollars. 

For repairs to workshop, four thousand dollars. 

For a new carburetter and fan, eight hundred and fifty dollars. 

For grading, one thousand dollars. 

For three hundred and fifty single beds, two thousand one hundred 
dollars. 

§ 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 27, 1885. 



THOMAS A. RAGSDALE. 
§ 1. Appropriates 13,903 and interest to pay claim of Thomas A. Ragsdale, 

An Act making an appropriation for the relief of Thomas A. Ragsdale. 

Whereas, there is justly due the said Thomas A. Ragsda'e, from the 
State of Illinois, the sum of eight thousand nine hundred and three 
dollars, with interest thereon at the rate of six per centum per annum 
from the tenth day of March. A. D. 1859, on a contract entered into 
between the said Thomas A Ragsdale and the board of .trustees of the 
Hospital for the Insane at Jacksonville, Illinois, in the month of July, 
A. D. 1857, as shown by the report of John M. VanOsdel, architect of 
said board of trustees, made to them on the tenth day of March, A. D. 
1859; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That the sum of eight thousand nine 
hundred and three dollars ($3,903) and interest thereon from the tenth 
day of March, A. D. 1859, at the rate of six (6) per centum per annum, 
be and the same is hereby appropriated out of any moneys in the treasury 
not otherwise appropriated, for the purpose of paying the said Thomas 
A. Ragsdale the amount due him as aforesaid. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant upon the State Treasurer for said amount, in 
favor of, and pa}-able to the order of the said Thomas A. Ragsdale. 

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

Witness my hand this 7th day of July, A. D. 1885. 

HENRY D. DEMENT, 

Secretary of State 



APPROPRIATIONS. 41 



WILLIAM J. RALPH. 

§ 1. Appropriates .H.oOO for damages for I § 2. Howdravn. 
personal injuries. 

An Act making an appropriation for the relief of William J. Ralph, 
wJio was disabled in the service of the State, by being knocked 
down by a horse, and then run over by the wheel of a cannon, 
belonging to the State of Illinois. 

Whereas, the said William J. Ralph, a member of Battery B, of the 
Illinois National Guard, while on duty at a parade of the Second Brigade 
of the Illinois National Guard, held under the orders of Shelby M. 
Cullom, commander-in-chief of the Illinois National Guard, at Bloom- 
ington, Illinois, on or about the 7th day of September, 1881, during a 
sham battle, was knocked down by a horse, ridden by an officer, and with- 
out any negligence of his own, and by the breaking of the trail spike of 
the gun the persons in charge of the gun were unable to control its 
movements, and in consequence the gun ran over the said Ralph, break- 
ing some of his ribs, and otherwise severely bruising and permanently 
injuring him; the said Ralph being then on duty under orders of his 
superior officers; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That the sum of fifteen hundred dol- 
lars (11,500) be appropriated out of the treasury, out of any funds not 
otherwise appropriated, for the purpose of compensating the said Wil- 
liam J. Ralph, in full, for all damages that may have accrued to him, by 
reason of the injuries aforesaid, received while in the service of the 
State, as aforesaid. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant upon the State Treasurer for the sum herein 
specified, and the State Treasurer shall pay the same out of any funds in 
the State Treasury not otherwise appropriated. 

Approved June 29, 1885. 



SHAWNEETOWN. 

§ 1. Appropriates $26.075 .07 for completing- I S 2. How drawn, 
levees. 

An Act making an appropriation to reimburse and aid the city of 
Shawneetown in completing its levees. 

Whereas, by the act of 1861, to incorporate the city of Shawneetown, 
the taxes to inure from the property therein to the State for a period 
of twenty years, were appropriated to aid in the construction of levees 
around said city ; and, 

Whereas, said city, relying upon the good faith of the State in this 
behalf, concluded contracts for building such levees, and in consequence, 
thereof incurred a large bonded indebtedness and imposed burdensome 
taxation on the property owners therein ; and, 



42 APPROPRIATIONS. 



Whereas, the aid guaranteed, as aforesaid, was withheld by the State 
in the year 1871, and subsequent years, and the city thereby deprived of 
the means relied on for the completion of the levees, and by reason 
thereof the work was left in an unfinished condition, and was greatly 
damaged by the floods of 1875 and subsequent years ; and, 

Whereas, the said aid so withheld by t he State as aforesaid, amounts 
to the sum of twenty-six thousand seventy-five and 7-100 dollars 
($26,075.07), as found and determined by House committee of the 33d 
General Assembly; and, * 

Whereas, the indebtedness of said city, incurred as aforesaid, exQeeds 
the constitutional limitation, and it will require fifty-five thousand dol- 
lars ($55,000) to fully complete the levees, after existing contracts are 
carried out; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That the said sum of twenty-six 
thousand and seventy-five dollars and seven cents ($-26,075.07) be, and 
the same is hereby, appropriated, to aid in comp eting the levees around 
the city of Shawneetown, so as to fully protect said city from inundation. 

§ 2. The appropriation hereby made shall be used exc'usively in 
completing said levees, and the Auditor of Public Accounts is hereby 
authorized and directed to draw his warrants upon the State Treasurer 
for the aforesaid sum of twenty-six thousand and seventy-five and 7-100 
dollars ($ 26,075.07), payable to the treasurer of the city of Shawneetown, 
at such time and in such sum or sums as the city council of said city may 
designate. 

Approved June 27, 1885. 



RICHARD A- SNOW. 
§ 1. Appropriates $140 for taxes illegally collected by the State. 

An Act to appropriate one hundred and forty dollars to Richard A. 
Snow for taxes illegally paid the State. 

Whereas, one Richard A. Snow, an oVl citizen of Shelby county, 
Illinois, has been paying tax on the west half of the southwest quarter (^) 
of section eleven (1 i), town (9) nine north of range two (2) east of third 
(3d) P. M. ever since the year 185u, under the belief that it had been 
bought from the General Government by one John C. Barnes in the year 
1852, and sold to the said Snow, when, in fact, the records show at the 
United States Land Office at Washington, District of Columbia, that said 
land had not been so'd; but through a clerical error, the State Auditor 
has certified said tract of land to the county clerk of Shelby county as 
being taxable when it was not; and 

Whereas, in the month of April, 1881, the Secretary of the Interior 
ordered the United States Land Commissioner at Washington, District 
of Columbia, to advertise said land together with other lands for sale 
and sell them to the highest bidder for cash; and, 



APPROPRIATIONS. 4S 



Whereas, to-wit, on the twentieth (20th) day of April, 1881, said tract 
of land was offered for sale at Washington, District of Columbia, and 
was bid off by one Edward K. Ware and received a patent from the 
United States; and 

Whereas, said Ware did commence a suit of ejectment versus said 
Snow in the United States Court at Springfield, and did oust the said 
Snow and take possession from him; now, therefore, 

[Sectiox 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 ap- 
propriated to the said Richard A. Snow the amount of State tax paid 
on s'aid land from the year 1856 to 1883, together with interest at the 
rate of eight (8) per cent, per annum, making a total amount of one hun- 
dred and'forty dollars ($140.00), to be paid out of any money in the 
treasury not otherwise appropriated. 

Approved June* 23, 1885. 



STATE GOVERNMENT— SALARIES. 

§ 1. Appropriates $800,000 to pay the officers and members of the next General Assembly 
and the officers of the State government. 

An Act making an appropriation for the payment of the officers and 
members of the next General Assembly, and for the salaries of the- 
officers of the State government. 

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 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 hereafter 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 30, 1885. 



STATE GOVERNMENT— DEFICIENCY. 



§ 1. Appropriates as follows: 

$1,800 for conveying- offenders to the 
Reform School. 

$1,100 for the State Board of Equaliza- 
tion. 



.$400 for the office expenses of the- 
Attorney General. 



An Act to provide for the necessary expenses of the State government, 
incurred or to be incurred, and now w 'provided for, until the firai day 
of July, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the Genercd Assembly : That the following appropriations,. 



44 



APPROPRIATIONS. 



or so much thereof as may be necessary, be and the same are hereby 
made, to meet the necessary expenses of the State government, incurred 
or to be incurred, and now unprovided. for, until the first day of July, 

1885. 

First. The sum of eighteen hundred dollars ($1,800), for conveying 
juvenile offenders to the Reform School at Pontiac, payable on the super- 
intendent's certificate of de ivery, at the rate of compensation al'owed 
bylaw; the Auditor to compute the distance by the nearest railroad 
route. 

Second. The sum of eleven hundred dollars (§1,100), for expenses of 
the State Board of Equalization, to be certified by the chairman of said 
board. 

Third. The sum of four hundred dollars ($400) to the Attorney-Gen- 
eral, for telegraphing, postage and other necessary expenses of his office, 
payable on bills of particulars, certified to by him and approved by the 
■Governor. 

§ 2. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrants on the State Treasurer for the sums herein 
specified, upon presentation of proper vouchers, and the State Treasurer 
shall pay the same out of any funds in the treasury not otherwise appro- 
priated. 

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

Approved June 27, 1885. 



STATE GOVERNMENT-ORDINARY AND CONTINGENT EXPENSES. 



§ 1. Appropriates for the ordinary and con- 
tingent expenses of the State govern- 
ment, as follows: 

1. $3, 000 Governor's contingent ex- 

pense fund. 

2. $4,000 clerk hire for the Governor's 

office. 

3. .+800 postage and other incidental ex- 

penses Governor's office. 

4. $700 porter for Governor's office. 

5. #3,500 are of executive mansion 

and grounds. 

6. $10,500 per annum to the Secretary 

of State for cWk hire; $3,000 per 
annum for office expenses; $700 
each per annum for two porters 
and messengers; $10,000 per an- 
num for care of State hous^ and 
ground"; $3,000 per annum for the 
Indexing department: $23,000 for 
repairs upon the State house. 

7. $7,500 per annum to the Auditor for 

clerk hire; $700 each per annum 
for two p' rters; $1,500 for postage 
and other office expenses— Insur- 
ance department. 



8. $-1, 000 per annum to the state Treas- 

urer for clerk hire; $1,000 for office 
expanse*; $3,200 per annum for 
watchmen; $809 per annum for 
clerk and messenger. 

9. $2,400 per annum to the Superinten- 

dent of Public Instruction, for 
cleik hire; $S00 per annum for 
clerk and messenger; $1,500 per 
annum for repairs and educational 
works; $400 for refurnishing of- 
" flee; $500 forlibrary— out of School 
fund. 

10. $1,800 per annum to the Attorney 

General for clerk hire; $700 per 
annum for porter and messenger; 
- $2, 000 per annum for office ex- 
penses. 

11. $3,000 per annum to the Adjutant 

General for clerk hire: $1,000 per 
ann m for arranging flies; $800 
perannum for ordnance sergeant; 
$700 per annum for janitor and 
messenger ; ©700 per annum for the 
custodian of Memoiial Hall: ^800 
perannum foroffieeexpenses; $200 
per annum for repair of flags. 



APPROPRIATIONS. 



45 



12. $3,000 per annum to the Board of 

Public Charities i'or salary of sec- 
retary; $4, 000 per annum for clerk 
hire and office expenses. 

13. $2,000 per annum for costs and ex" 

penses in State suits. 

14. $20,000 per annum for conveying 

convicts to the penitentiary. 

15. $15,000 per annum for returning 
' fugitives from justice; $3, 000 for 

rewards for criminals. 

16. $5,000 per annum for conveying 

offenders to the Reform School. 

17. 115,000 per annivm for paper and 

stationery. 

18. To the Supreme Court: $1,700 per 

annum to the N.G. I>. for repairs, 
stationery etc.; $1,700 per annum 
to the C. G. D.; $1,700 per annum 
to tbe S. G. D.; $500 p r annum 
each, to rhe librarians of theN. 
and S. G. D's.; $1,000 per annum 
to tbe librarian of the C. G. D.; 
$500 per annum each to the N . and 
S. G. D. for janitors; $400 per an- 
num to the C. G. D. for janitor; 
$1,000 for repairs of building ar.d 
grounds S. G. D. To the Appellate 
courts: 1st district for rent and 
incidental expenses $6,000 per an- 
num ; 2d district ^1,000 per annum ; 
3d district $1,000 per annum; 4th 
district $1,000 per annum; 2d, 3d, 
and 4th disriicts for janitors $400 
per .annum ; 1st district for boo us 
$1,500; for librarian $600— per 
annum. 

19. $35,000 for public printing-; $10,000 

per annum for public binding; 
$9,000 for reprinring the Adjutant 
General's report. 

20. $57, 000 per annum interest on school 

fund. 

21. A fund sufficient to refund taxes 

paid in error. 

22. $6,000 per annum for laborers, jani- 

t rs and watchmen of the State 
house. 

23. $2, 000 per annum salary of the cura- 

tor of the museum; $700 per an- 
num for salary for assistant: $900 
per annum for janitor: $300 per 
annum for expens s: $3,000 per 
aunum for archaeological speci- 
mens. 

24. $4,000 per annum to the K. R. and 

W. Commissioners for salary of 
secretary and office expenses: 
$5,000 per annum for expenses of 
suits; $3,000 for printing and- pub- 
lishing- schedules of rates. 

25. $50,000 for the emploeys of the next 

General Assembly. 



26. 



$600 for contract for copying laws 
etc.; $500 for distributing- State 
documents; $S00 for postage and 
express on documents. 

$10,000 per annum for heating- State 
house; $4, 000 per annum for light- 
ing-State house. 

$10, ('00 per annum for State Board 
of Equalization. 

$350 per annum for the library at 
the Southern Penitentiary. 



30. $300 per annum for the library at the 

Joliet Penitentiary. 

30 L 2 $12, 000 for the per diem and expenses 
of the Revenue Commission. 

31. A sum sufficient to purchase the Re- 

pot ts of the Supreme Court as 
provided by law. 

32 $5, 743 f ■ >r vf pairs and improvements 
in the- beating department of the 
State bouse. 

33. $3,000 per annum to the State Bonrd 

of Hea tb for sahiry of secretary; 
S3, 000 per annum for office ex- 
penses^, 000 per annum forsalary 
of assistant secretary and clerk 
hire; $40. 000 for contingent fund 
in case of epidemics 

34. $2,500 per annum for books for the 

State library; $900 per annum for 
salary of assistant librarian. 

35. $1,000,000 per annum State school 

fund. 

36. $5,000 per annum to the Bureau of 

Labor Statistics for collecting- sta- 
tistics; $2,500 'per- annum for salary 
of secretary: $500 expenses aid 
per diem State board of examiners 
for coal mine inspectors. 

37. $6,000 per annum to the Fish Com- 

mission. 

38. $500 for port ait of Gov. Hamilton. 

39. $50 for postage etc., Lieut. Governor. 

40. $3,000 to pay theexpenses of commit- 

tees of the 35th General Assembly. 

4054. -1 6, 000 to the Adjutant General for 
clerk hire and oti er expenses in 
preparing- copy for reprint of the 
Adjutant General's Report. 

41. $50,000 for damages for slaughtered 

animals in suppressing- contagious 

disease.' 

42. $331.79 i'or paving in frontof arsenal 

property oh 5th street, Springfield. 

43. $5,000 additional to pay expenses of 

committees of the 34th General 
. Assembly, 

!. How drawn. 



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

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That the following named sums be, 
and are hereby, appropriated to meet tbe ordinary and contingent ex- 
penses of the State government until the expiration of the first fiscal 
quarter after the adjournment of the next regu'ar session of the General 
Assembly: 



4*6 APPROPRIATIONS. 



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 four thousand dollars ($4,000), per annum, for 
-clerk hire in the Governor's office, payable quarterly, upon the Governor's 
order. 

Third — A sum not to exceed eight hundred dollars per annum, for 
postage, expressage, telegraphing, and other incidental expenses con- 
nected with the Governor's office, to be paid on bills of particulars, cer- 
tified to by the Governor. 

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

Fifth — To the Governor, for repairs and care of executive mansion 
and grounds, and for heating and lighting the executive mansion, three 
thousand five hundred dollars ($3,500), per annum, to be paid on bills of 
particulars, certified to by the Governor. 

Sixth — To the Secretary of State, for clerk hire in his office, the sum 
of ten thousand five hundred dollars ($10,500) per annum, payable quar- 
terly, upon his order. To the Secretary of State, for repairs, postage, 
expressage, telegraphing and other incidental expenses of the office, a 
sum not exceeding three thousand dollars ($3,000), per annum, payable 
upon bills of particulars, certified by the Secretary of State and ap- 
proved bv 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. To the Secretary of State, for the pay- 
ment 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 
($10,000), per annum. For comparing copy for the public printer, of the 
laws and joint resolutions, editing the same,' preparing head notes there- 
to, and for indexing the volume of laws, and making a table of contents 
when printed; for comparing the copy for the printer for the printed 
volumes of the journals of the House and Senate, making indexes thereto 
when printed, and for superintending the printing thereof; for prepar- 
ing a table of contents to the volumes of reports, and for making and 
keeping proper indexes to the executive records and all public files and 
documents in his office, as required by law, the sum of three thousand 
dollars ($3,000) per annum; for a new stylobate, new. gutters, down-fall 
pipes, repairing terra cotta work and work on entablature, the sum of 
twenty-three thousand dollars ($23,000) or so much thereof as may be 
necessary, to be paid upon bills of particulars payable on his order, ap- 
proved by the Governor. 

Seventh — 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) 



APPROPRIATIONS. 47 



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 in- 
surance department to each General Assembly hereafter. 

Eighth— To the State Treasurer, for clerk hire, the sum of four thou- 
sand 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, payaVe 
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. 

Ninth — To the Superintendent of Public Instruction, for clerk hire, 
the sum of two thousand four hundred dollars ($2,400), per annum ; and 
for a janitor, porter and messenger, who shall also perform the duties of 
clerk when not otherwise employed, the sum of eight hundred dollars 
($800), per annum, payable quarterly, upon his order. To the Superin- 
tendent of Public Instruction, for repairs, periodicals and educational 
works, and other necessary expenses of said office, a sum not exceeding 
one thousand five hundred dollars ($1,500), per annum ; for refurnishing 
office, four hundred dollars ($400), and for increase of professional li- 
brary, five hundred dollars ($500), payable on bills of particulars, certi- 
fied to by him and approved by the Governor. Appropriations made 
by this clause to be paid out of the State school fund. 

Tenth — To the Attorney-General, for clerk hire, the sum of one thous- 
and eight hundred dollars ($1,800), per annum, payable quarterly, 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 seven hun- 
dred dollars ($700), 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 annum, payable on bills of particulars, 
certified to by him and approved by the Governor. 

Eleventh — To the Adjutant General, for clerk hire in his office, the 
sum of two thousand dollars ($2,000), per annum, payable quarterly on 
his order. For completing the work of classifying and arranging the 
files and records of the late war, the sum of one thousand dollars ($1,000), 
per annum, payable quarter y on his order: Provided, that in the em- 
ployment of clerks and assistants in the Adjutant General's office, pref- 
erence shall be given to Union soldiers, their widows and orphans. For 
'the ordnance sergeant, employed in the care of the State property at 
the State arsenal, the sum of eight hundred dollars ($800), per annum, 
payable quarterly on his order. The sum of seven hundred dollars, 
($700), per annum, for janitor and messenger for the office, payable 
quarterly, on his order. The sum of seven hundred dollars ($700), per 



48 APPROPRIATIONS. 



annum, for the custodian emp'oyed in the care of the battle flags and 
trophies deposited in Memorial Hall, payable quarterly on his order. 
The sum of eight hundred dollars ($800), per annum, for telegraphing, 
postage, express, repairs, and other necessary incidental expenses, to be 
paid upon vouchers, approved by the Governor. The sum of two hun- 
dred do lars (fL'OO), per annum, or so much of it as may be necessary, for 
the repair, preservation and safe keeping of such additional flags and 
trophies as may be deposited in Memorial Hal', to be paid upon vouchers, 
approved by the Governor. 

Twelfth —To the Board of Public Charities, for salary of secretary, a 
sum not to exceed three thousand dollars ($3,000), per annum; and for 
clerk hire and necessary incidental expenses of the board, a sum not to 
exceed four thousand dollars (§4,000), per annum, payable quarterly on 
bills of particulars, certified by them, and approved by the Governor. 

Thirteenth — A sum not exceeding two thousand dollars ($2,000), per 
annum, for costs and expenses of State suits, to be paid upon bills of par- 
ticulars, certified to by the Auditor and approved by the Governor. 

Fourteenth — A sum not exceeding twenty thousand dollars ($20,000), 
per annum, or so much thereof as may be necessary, for conveying con- 
victs to the penitentiary, and from and to the penitentiary in cases of 
new trial, or when used as witnesses in criminal trials, to be paid on the 
warden's certificate, at the compensation fixed by the general laws; the 
Auditor to compute the distance by the nearest railroad route. 

Fifteenth — For the payment of the expenses provided for by law for 
the apprehension and delivery of fugitives from justice, fifteen thousand 
dollars ($15,0(J0), per annum, or so much thereof as may be necessary, to 
be paid on the evidence required by law, certified and approved by the 
Governor; and the sum of three thousand dollars (f 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. 

Sixteenth — The sum of five thousand dollars ($5,000), per annum, or so 
much there of asmay be needed, for conveying juvenile offenders to 
the Reform School, at Pontiac, payable on the superintendent's cer- 
tificate of delivery, at the rate of compensation allowed by law; the 
Auditor to compute the distance by the nearest railroad route. 

Seventeenth — For printing paper and stationery, for the use of the 
General Assembly and executive departments, purchased -on contracts, 
as required by law, payable on delivery thereof, on bills of particulars, 
certified to by the Board of Commissioners of State Contracts, and 
approved by the Governor, the sum of fifteen thousand dollars ($15,000) 
per annum. 

Eighteenth — There is hereby appropriated to defray the incidental and 
contingent expenses of the Supreme Court, to-wit: For stationery, re- 
pairs, furniture, expressage, books, and other expenses deemed necessary 
by the court, the following sums: To the Northern Grand Division, the 
sum of seventeen hundred an.d fifty dollars ($1,750), per annum; to the 
Central Grand Division, the sum of seventeen hundred and fifty dollars 
($1,750), per annum; to the Southern Grand Division, the sum of seven- 
teen hundred and fifty dollars ($1,750), per annum; the same to be pay- 
ab'e 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 



APPROPRIATIONS. 49 



the several grand divisions of said court, who shall also act as librarians 
for the Appellate Courts when in session in their respective grand divis- 
ions, the following sums : To the Northern and Southern Grand Divis- 
ions, each, the sum of five hundred dollars ($500), per annum; to the 
Central Grand Division, the sum of ten hundred dollars (-11,000), per 
annum, payable quarterly upon the certificate of at least two justices of 
said court. There is also appropriated the sum of five hundred dol'ars 
($500), 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 hereby appropriated the sum of one thousand dollars for the 
repair of the Supreme Court building, fences and grounds of the South- 
ern Grand Division, at Mt. Vernon, to be paid upon bills of particulars 
certified to by fhe clerk of the Supreme Court of the Southern Grand 
Division and two of the judges of the Appellate Court of the Fourth 
District. 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, Cue 1 , lights, postage, expressage, 
repairs, furniture, and other expenses deemed necessary by the respec- 
tive courts, the fol'owing sums: To the Firtt Dis'. rict, the sum of six: 
thousand dollars ($6,000), per annum; to the Second District, the sum of 
one thousand dollars ($1,000), per annum; to the Third District, the sum* 
of one thousand dollars ($1,000), per annum; to the Fourth District, the* 

- sum of one thousand dollars ($1,000), per annum; these sums to be pawl 
upon bills of particulars, certified to by the clerks of the respective courts, 
and upon the order of at least two of the judges of the respective courts 
for which the expense was incurred. A'so the sum of four hundred dol- 
lars ($400), per annum, to each of the Second and Third districts, and 
the sum of four hundred dollars ($400), per annum, to the Fourth. Dis- 
trict, for the pay of janitors, to perform such duties as shall be deter- 
mined by the judges of the respective courts, to be paid quarterly, upon 
the order of at least two of the judges of said courts, for their district; 
also, the sum of fifteen hundred dollars ($1,500), to be expended in pur- 
chasing law books for the library of the Appellate Court for the First 
District; and the sum of six hundred 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. 

Nineteenth— For public printing, thirty five thousand dollars ($35,000), 
or so much thereof as may be required. For public binding, ten thou- 
sand dollars ($10,000), per annum, or so much thereof as may be required; 
and nine thousand dollars, or so much thereof as mav be necessary, for 
reprinting the Adjutant-General's Report of 186] to 1866. The public 
printing and binding to be paid for, according to the contract, upon the 
certificate of the Board of Commissioners of State Contracts, and ap- 
proved by the Governor. 

Twentieth — The sum of fifty-seven thousand dollars ($57,000), per an- 
num, or so much thereof as may be necessary, to pay the intenston 
school fund, distributed annually in pursuance of law; the amount ap- 
propriated under this clause to be paid out of the State school fund. 
—4 



50 APPROPRIATIONS. 



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

Twenty -second — 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 an- 
num, payable monthly upon the order of said Secretary of State. 

Twenty-third — For the salary of the Curator of the Illinois State 
Museum of Natural History, the sum of two thousand dollars, per an- 
num, payable quarterly; for the salary of one assistant, the sum of seven 
hundred dollars, per annum, payable monthly; for the salary of one jani- 
itor, nine hundred dollars, per annum, payable monthly. For the con- 
tingent and necessary expenses of the Curator, including traveling ex- 
penses on business connected with his office, the sum of three hundred 
dollars, per annum; for the purchase and mounting of additional speci- 
mens of birds and mammals, to complete the collection in those depart- 
ments, and for the purchase of such specimens in archaeology as are neces- 
sary to perpetuate the former history, the languages and tribal rela- 
tions of the former inhabitants of that portion of country included in 
the State of Illinois, the sum of three thousand dollars per annum is 
hereby appropriated, the same to be expended under the direction of 
the Curator, with the approval of the Board of Trustees of the State His- 
torical Library and Natural History Museum. 

Twenty-fourth — To the Railroad and Warehouse Commissioners, for 
the incidental expenses of their office, including care, stationery, post- 
age and telegraphing, extra clerk hire, and for the secretary's salary, and 
for all necessary expenditures, except those hereinafter provided for, a 
sum not to exceed four thousand dollars ($4,000), per aunnm. For ex- 
penses incurred in suits or investigations commenced by authority of the 
State, under any law now in force or hereafter to be enacted, empower- 
ing 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 revised for any or all of the railroads of this State, as pro- 
vided by law, the sum of three thousand dollars ($3,000), or so much 
thereof as may be needed for such purpose. 

Twenty-fifth — 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 by law. 

Twenty-sixth — For copying the laws, journals and joint resolutions of 
the General Assemb'y, as provided by law, six hundred dollars ($600). 
For distribution of laws, journals, and other State documents, and inci- 
dental expenses connected therewith, the sum of five hundred dollars 
($500), and for expressage and postage on same, eight hundred dollars 
($800). 

Twenty-seventh — For heating, fuel and pay of engineers and firemen 
of the State House, and other incidental expenses thereof, the sum of 
ten thousand dollars ($10,000), per annum, or so much thereof as may 



APPROPRIATIONS. 51 



be needed. For lighting the State House, and other incidental expenses 
thereof, the sum of four thousand dollars ($4,000), per annum, or so 
much thereof as may be necessary, to be paid upon bills of particulars, 
certified to by the Secretary of State and approved by the Governor. 

Twenty-eighth— To the State Board of Equalization, for paying ex- 
penses, a sum not to exceed ten thousand dollars ($10,000), per annum, 
payable in the maimer provided by law. 

Twenty-ninth — The sum of three hundred and fifty dollars ($350), per 
annum, for the purchase of books for the library of the Southern 'Illi- 
nois Penitentiary, at Chester, to be paid upon bills of particulars having 
the order of the Governor endorsed thereon. 

Thirtieth — The sum of three hundred dollars ($300), 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 Gov- 
ernor endorsed thereon. 

Thirty and one-half— The sum of twelve thousand dollars ($12,000), 
or so much thereof as may be necessary, is hereby appropriated for the 
purpose of paying the per diem of members of the Revenue Commission 
and the expenses incurred by said commission (in case said commission 
isformed),to be paid out upon bills of particulars certified to by the chair- 
man of said commission and approved by the Governor. 

Thirty-first— Such sum as may be necessary to enable the Secretary of 
State to purchase such volumes of the reports of the decisions 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 -second— For making improvements and repairs in heating de- 
partment of the State House, the following sums: For two boilers of 
best charcoal iron, or steel, length of boilers sixteen feet, shell 54 
inches in diameter with connections and appliances, three thousand six 
hundred and eighty dollars ($3,680). One steam pump with appliances, . 
four hundred and twenty-six dollars ($426). For repairing roof on 
boiler-house, six hundred and twenty-eight dollars ($628). For iron 
plates for boiler house floor, six hundred and twenty-nine dollars ($629). 
For cast-iron plates for smoke arch, three hundred and eighty dollars 
($380); to be paid upon bills of particulars, certified to by the Secretary 
of State and approved by the Governor. 

Thirty-third— To the State Board of Health,' for salary of secretary, a 
sum not to exceed three thousand dollars ($3,000), per annum ; for neces- 
sary office expenses, including expenses incurred in attending meetings 
if the board, and in making sanitary inspections, three thousand dollars 
$3,000), per annum ; for salary of assistant secretary and additional 
slerk hire that may be needed, six thousand dollars ($6,000), per annum. 
A-lso, the sum of forty thousand dollars ($40,000), as a contingent fund, 
Lobe used only- with the consent and concurrence of the "Governor, 
Attorney-General and Secretary of State, upon the recommendation and 
idvice of the board, in case of the outbreak or threatened outbreak of 
my epidemic or malignant disease, such as Asiatic cholera, small-pox, 
rel ow-fever, or to defray the expense of preventing the introduction of 
iuch diseases, or their spread from place to place within the State, and 



52 APPROPRIATIONS. 



in suppressing outbreaks which may occur, and in investigating their 
causes ; and any necessary expenditures from this sum shall be paid on 
the order of the president of the board, attested by the secretary, and 
approved by the Governor. 

Thirty-fourth — To the State Library (Secretary of State), for the pur- 
chase of 'books, and expenses of the State Library, two thousand five 
hundred dollars ($2,500), per annum, payable on bills ceriitied by the 
Board of Commissioners of the State Library. Also, nine hundred 
dollars (8900), per annum, for salary of assistant librarian, payable 
monthly, on the order of the Secretary of State, approved by the 
Governor 

Thirty-fifth— The sum of one million dollars (#1,000,000), annually, out 
of the Staie 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 superintendents. 

Thirty-sixth — To the Commissioners of Labor Statistics, the sum of 
five thousand dollars ($5,000), per annum, or so much thereof as maybe 
necessary, to be expended upon vouchers approved by the Governor, 
for the purpose of procuring, tabulating and publishing industrial statis- 
tics as contemplated by law ; for the incidental and office expenses of 
the board ; for defraying the expenses of the mine inspection service ; 
and for the per diem and traveling expenses of the commissioners.: 
Also, the sum of two thousand five hundred dollars ($2,500), per annum, 
for the salary of their secretary. The sum of five hundred dollars- 
($500), or so much thereof as may be necessary, to defray the per diem 
and expenses of the members of the State board for the examination of 
candidates for appointment as State inspectors of coal mines, and for 
the incidental expenses of such examinations. 

Thirty-seventh— -The sum of six thousand dollars ($6,000), per annumJ 
or so much thereof as may be necessary, to the Fish Commissioners of 
this State, to be used by them in pursuance of law ; all expenditures tx> 
be upon bills of particulars, certified to by a majority of the Commis- 
sioners, and approved by the Governor. 

Thirty-eighth — A sum sufficient to have painted and framed a portrait 
of ex-Governor John M. Hamilton, to be hung in the executive mansion j 
Provided, said amount shall not exceed five hundred dollars, to be paid 
on order of Secretary of State, and approved by the Governor. 

Thirty -ninth— To the Lieutenant Governor, for postage, telegraphing) 
stationery a' d other incidental expenses, the sum of fifty dollars ($50), 
payable upon his order. 

Fortieth — A sum not exceeding three thousand dollars ($3,000) toi 
pay the expenses of committees of the Thirty-fifth General Assembly ; 
such expenses to be certified as may be provided by resolution of either 
house. 

Forty and one-half —The Adjutant-General, the sum of six thousand 
dollars ($6,000), or 'so much thereof as may be necessary, with which 
to obtain information to correct errors in report of Adjutant-General for 
years from 1861 to 1866 inclusive, and to do clerical work in preparing 
copy for reprint of said report, to be paid on vouchers, certified to by 
the xidjutant General and approved by the Governor. 



APPROPRIATIONS. 53 



Forty-first— For paying damages for animals exposed to contagion 
slaughtered under the provisions of any law of this State for the sup- 
pression and prevention of the spread of ontagious and infectious dis- 
eases among domestic animals, the sum of fifty thousand dollars ($50,000) 
or so much thereof as may be needed, to be paid only in the manner and 
on the conditions provided in said laws: Provided, that in no case shall 
there be any ,sum paid out of this fund for such animals as are already 
diseased at the time of their slaughter: And, provided, further, that the 
amount paid lor animals slaughtered, shall, in no case, exceed their actual 
-cash value for beef or dairy purposes, and not to exceed the sum of 
seventy-five dollars for any one animal. This shall also apply to dam- 
ages for animals heretofore slaughtered under the law of this State that 
nave not been paid for. 

i Forty-second-'-To the Adjutant-General, to pay the cost for paving north 
Sixth street, in front of and abutting the property of the State, in the 
eity of Springfield, known as the "Arsenal property," the sum of three 
hundred and thirty one dollars and seventy-nine cents, or so much as may 
be necessary, to be paid upon vouchers approved by the Governor. 

Forty-third— The sum of five thousand dollars to pay the expenses of 
committees of the 34th General Assembly, such expenses to be certified 
as may be provided by resolution of either house. 

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

Approved June 26, 1885. 



COMPLETING STATE HOUSE. 
« 1. Appropriates the sum of .+531, 712 for completing- the State House. 

An Act to render effective an act to provide means for the completing 
aval furnishing the State House and for the improving the grounds 
and to provide for the appointment of three commissioners, approved 
June 14, 1883. 

' Whereas, said act appropriated the sum of five hundred thirty-one 
housand seven hundred and twelve (531,712) dollars for completing 
md furnishing the State House, and for improving the grounds, contin- 
ent upon the ratification at the polls on the first Tuesday after the first 
Honday m November, 1884, as provided in said act; and 

Wiierkas, it is further provided, that on proc'amation of the Governor 
>i such affirmative vote, which proclamation having been made two 
mndred thousand dollars shall be payable immediately thereafter 'out of 
my money in the State treasury not otherwise appropriated, and the re- 
naming three hundred thirty-one thousand seven hundred and twelve 



5-1 APPROPRIATIONS. 



(331, 712) dollars, or so much thereof as may be necessary, shall be pay- 
able at such time or times as may thereafter be provided by the General 
Assembly; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That for the purpose of carrying on 
the work of completing and furnishing the State House and for improving 
the grounds, the sum of five hundred thirty-one thousand seven hundred 
and twelve (531,712) dollars be appropriated, and the Auditor of Pub- 
lic Accounts is hereby authorized to draw his warrant on the treasury for 
any portion of the two hundred thousand (200,000) dollars unexpended 
October 1, 1885; also three hundred thirty-one thousand seven hundred 
and twelve (331,712) dollars, or so much thereof as may be necessary, 
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. 

Approved June 29, 1885. 



HIRAM W. WHITE. 
§ 1. Appropriates +565 for damages to lands. 

An Act to provide for the payment to Hiram W. White of certain dam- 
ayes to lands and other property sustained by the construction and 
maintenance of the dam on the Illinois river, near Henry, in Mark 
shall county, Illinois. 

Section 1. Beit enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That the sum of live hundred and sixty- 
five dollars, which was appropriated by an act of the General Assembly 
of the State of Illinois, entitled "An act to provide for the payment of 
damages to lands and other property, sustained by the owners thereof, 
by the construction of the dam on the Little Wabash river, at New 
Haven, in Gallatin county, Illinois, and by the construction of the clam 
on the Illinois river, near Henry, in Marshall county, Illinois," approved 
May 31, A. D. 1879, in force July 1 , A. D. 1 879, for the payment to Hiram W. 
White of the damages to the southeast quarter of the'Southwest fractional 
quarter of section number four (4); thirty (30) acres off the south side 
of the southeast quarter of the southwest quarter of section number eight 
(8); the northeast quarter of the southeast quarter of section number 
eight (8); the southeast quarter of the northeast quarter of section num- 
ber eight (8); the northwest quarter of the northwest quarter of sec- 
tion number eight (8); the southwest quarter of section number nine 
(9); the south side of the northwest quarter of the northwest quarter 
of section number seventeen (17), and the south half of the northwest 
quarter of section number seventeen (17), all in township number four- 
teen (14) north, in range (10) ten east of the fourth (4th) principal 
meridian, in Putnam county, Illinois, occasioned and sustained by the 
construction and maintenance of the lock and dam on the Illinois river, 
near Henry, in Marshall county, Illinois, by the authority of the State of 



CANADA THISTLES. 55 



Illinois, according to the recommendation contained in the report of the 
joint select committee of the two houses of the Thirtieth General As- 
sembly, shall be paid to the said Hiram W. White, or his heirs or legal 
representatives, in the manner specified and provided by the above 
mentioned act of the General Assembly of the State of Illinci*, upon his 
or their filing with th'e Auditor of Public Accounts of the State of 
Illinois his or their own release, and none other, hi the form specified by 
the aforesaid act of the General Assembly, of the State of Illinois; and 
upon such payment and release being made, executed and filed as afore- 
said, the same is hereby declared to be and shall be a complete and per- 
petual bar to any further claims for damages to said lands above described, 
occasioned or sustained or to hereafter be occasioned or sustained by th e 
construction, maintenance or repair of said dam by any person or per- 
sons whomsoever. 



Approved June 23, 1885. 



CANADA THISTLES. 



EXTERMINATION'. 

§ 1. Amends Sec. 3, by providing' for the | Amends Sec. 2, by providing - for the ap- 
costs of exterminating-, and makes pointment of commissioners by county 

the same a lien upon the land. boards and prescribes their duties. 

An Act to amend section three (3) of an act entitled "An act concerning 
Canada thistles,'''' approved and in force March 15, 1872, and to 
amend said act by providing for the appointment of a commissioner by 
county boards where the town authorities fail or refuse to do the 
same; and section two -of this act to be numbered section eight and 
one-half (8-^) of the original act. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That section three (3) of an act enti- 
tled "An act concerning Canada thistles," approved and in force March 
15, 1872, be amended to read as follows : 

"Section 3. In case said thistles are found growing on inclosed lands, 
the commissioner shall advise with the owner, agent or occupant on their 
treatment, and if the said commissioner shall deem it necessary and ex- 
pedient for him to fully control the same, he shall agree with the owner, 
agent or occupant on the boundaries of the tract so infected, which it is 
expedient for him to control, and he shall mark the same by stakes, or 
by fence if thought best ; and thereafter such infected tract, or so 
much as from time to time remains infected, shall be managed and con- 
trolled by the said commissioner, for the purpose of destroying said 
thistles, and so long as it may be necessary to complete the work. In 
case the commissioner and the owner, agent or occupant of said land 
cannot agree as regards the propriety of the commissioner controlling 



56 CANADA THISTLES. 



such tract or the boundaries of the same, then the commissioner shall 
proceed to stake out or mark such boundaries as he deems proper, and 
tile a copy of hie decision with the town clerk, or, in counties not under 
township organization, with the county clerk. The owner, agent or 
occupant of the land may, if he feels aggrieved, appeal from such 
decision of the commissioner, without bonds, within twenty days, to the 
commissioners of highways of the town, or to the county commissioners, 
as the case may be, who shall proceed to view the same, and to hear the 
reasons for and against the decision of the commissioner, and a majority 
of such board of appeal shall decide as to the propriety of taking pos- 
session of the tract alleged to be infected, and if they decide to take 
such possession, what shall constitute the boundaries of the same, and 
shall direct said commissioner to exterminate said thistles, (which are 
hereby declared a public nuisance) without unnecessarily depriving the 
owner of the land of any legitimate use and enjoyment of the same; 
and the owner or occupant of said land shall pay all cost and expense of 
labor for said extermination, which shall not exceed the sum of one 
hundred dollars for each infected tract in one year, without the consent 
of the supervisor of said town, or county commissioners, as the case 
may be, and that the sum so expended shall be a lien upon said tract so 
infected; and if the owner or occupant shaH not pay the same to said 
commissioner on or before the first Monday of September of the year 
the work was performed by the commissioner on said tract, the com- 
missioner shall report the same to the board of town auditors, in towns 
under township organization, or county commissioners, as the case may 
be, and certify to the same, and that said board of town auditors or 
county commissioners shall certify to the county clerk the amount so 
due on each tract; and it shall be the duty of the county clerk to cause 
the amount so returned to be levied on the lands as certified by said 
board of auditors or commissioners, as the case may be, and that said 
amount so certified shall be collected in the same manner that taxes of 
the county are levied and collected, and the same, when co lected, to 
be paid over to the supervisor of the town or towns under township 
organization, and to the county commissioner, as the case may be, who 
shall pay the same out on the order of the commissioner to the parties 
entitled to the same, for the labor employed in destroying the thistles 
on each tract for which the money was collected." 

§ 2. And it is hereby made the duty of county boards in 
•counties under township organization, where town auditors hare failed 
or refused to appoint a commissioner of Canada this^es, upon the 
petition of twenty-five land owners of said town or adjoining town or 
towns, stating the fai'ure of said board of auditors to appoint a com- 
missioner for said town, and of the necessity for the same, to appoint a 
•commissioner for said town (who shall be a resident of said town), who 
shall hold his office for the same length of time as if appointed by the 
board of auditors, and shall receive the same compensation, and said 
■compensation shall be audited and allowed, and paid by the township 
for which he was appointed, the same as if he had been appointed by 
the board of auditors of said town ; and his duties shall be the same. 
And the board of town auditors, or county board, may appoint so many 
■assistant commissioners as they may deem necessary to thoroughly per- 
forin the duties in any town ; which assistants shall receive the same 
-compensation for like services as the commissioner, and whose duties 



CEMETERIES. 57 



shall be the same; and the commissioner of Canada thistles, or assist- 
ants, refusing or neglecting to perform their respective duties, shall be 
lined in a sum not less than ten dollars nor more than one hundred dol- 
lars for each offense, such fiue to be sued for in any court of competent 
jurisdiction, in the name of the town, on complaint of any land owner of 
the town ; said fine, when collected, to be paid to the supervisor or 
county commissioner and become a part of the town or precinct fund. 

Approved June 27, 1885. 



CEMETERIES. 



PROTECTION AND MANAGEMENT. 

^ 1. Enumerates offenses under this act; [ § 3. Police protection. 

P enalties I M- Trust funds. 

§ 2. Rules for the government of cemeter- 
ies; penalties for violating, 

An Act to protect cemeteries, and to provide for their regulation and 

management. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That any person who shall wilfully 
destroy, mutilate, or injure any tomb, monument, stone, vault, tree, 
shrub, or ornament, or any object whatever, in any cemetery, or in any 
avenue, lot or part thereof, or shall hunt, shoot or discharge any gun, 
pisto', or other missile within the limits of any cemetery, or shall cause 
any shot or missile to be discharged into or over any portion thereof, 
or shall violate any of the rules made and established by the board of 
directors of such cemetery, for the protection or government thereof, 
shall be deemed guilty of a misdemeanor, and shall, upon conviction 
thereof, be punished by a fine of not less than five dollars nor more than 
one hundred dollars for each offense. All such fines, when recovered, 
shall be paid over by the court or officer, receiving the same, to the 
cemetery association and be applied, as far as possible, in repairing the 
injury, if any, caused by such offense: Provided, nothing contained in 
this act shall deprive such cemetery association, or the owner of any lot 
or monument, from maintaining an action for the recovery of damages 
caused by any injury caused by a violation of the provisions of this act, 
or of the rules estab'ished by the board of directors of such cemetery 
association. 

§ 2. The board of directors of such society or association is hereby 
authorized to make by-laws for the government thereof, and to make 
rules regarding the driving of carriages, processions, teams, and the 
speed thereof, the use of avenues, lots, walks, ponds, water-courses, 
vaults, buildings, or other places within such cemetery, and for the main- 
tenance of good order and quiet in, such cemetery, all such rules to be 



58 CITIES, TOWNS AND VILLAGES. 



subject to the rights of lot owners, or others, owning any interest in 
such cemetery; and all persons found guilty of a violation of such rules 
shall be punished by a tine of not less than five dollars nor more than 
one hundred dollars for each offense. No justice of the 'peace shall be 
disqualified from hearing any cause that may be brought before him un- 
der the provisions of this act, nor shall any person be disqualified from 
acting as a juror in such cause, by reason of any interest or ownership 
they, or either of them, may have in the lots of such cemetery. 

§ 3. The directors of any cemetery society or cemetery association 
may appoint policemen to protect such cemetery and preserve order 
therein, and such policemen shall have the same power in respect to any 
offenses committed in such cemetery, or any violation of this act, that 
city marshals or policemen in cities have in respect to maintaining order 
in such cities or arresting for offenses committed therein. 

§ 4. The board of directors of such cemetery society or cemetery 
association may set apart such portion as they see fit of the moneys re- 
ceived from the sale of lots in such cemetery, which sums shall be kept 
separate from all other assets of the association or society as an especial 
trust fund, and they shall keep the same invested in safe interest or income 
paying securities for the purpose of keeping said cemetery, and the lots 
therein, permanently in good order and repair, and the interest or income 
derived from such trust fund shall be applied only to that purpose, and 
shall not be diverted from such use. Such trust fund sha'l be exempt 
from taxation when held by any cemetery society or cemetery association 
organized not for pecuniary profit. Every such society or association may 
also take and hold, in trust, money or other property, for the purpose of 
expending the income arising therefrom, or the proceeds thereof, in em- 
bellishing and keeping in repair such lot or lots and the surroundings 
thereto in its cemetery as the donor may designate. 

Approved June 29, 1885. 



CITIES, TOWNS AND VILLAGES. 



COMPENSATION OF OFFICERS IN TOWNS OR VILLAGES. 

§ 1. Fixes the compensation of oilicers, agents, or employes allowed a commission for 

services . 

An Act to limit the compensation of officers, agents or employes of incor- 
porated towns or villages. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That, whenever any officer, agent or 
employe of any incorporated town or village, hereafter to be elected or 
appointed, is paid by a commission or percentage on the moneys col- 
lected, handled or paid over by him, it shall be unlawful for said officer, 
agent or employe to receive or retain, for his compensation for collecting, 



CITIES, TOWNS AND VILLAGES. 59- 



handling or paying over such moneys, any greater sum than that pro- 
duced by such percentage or commission, and in no case shall such com- 
pensation exceed the sum of five thousand dollars (15,000) per annum. 

Approved June 27, 1885. 



CONVEYING REAL ESTATE TO SCHOOL OFFICERS. 

§ 1. School property held by cities or vil- I § 3. Report of trustees under tbis act. 

lag-es shall be conveyed to schools. . 4 Repeals other aot8< 

§ 2. Re-conveyance for non-user. 

An Act to authorize cities and villages to convey real estate held by them? 
for school or academy pwposes to the proper school officers. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That any city or village incorporated 
under any general or special law of this State, which shall hold any real 
or personal estate which shall have been conveyed to such city or village, 
by virtue of any general or special law of this State, or otherwise, for 
school or academy purposes, is hereby authorized and empowered, by 
ordinance or resolution of the city council of any such city, and of the 
president and board of trustees of any such village, to cause such real 
or personal estate to be conveyed and transferred to the proper school 
officers authorized to hold the same, for the use of the district in which 
such real or personal estate shall be situated, by proper deed or deeds of 
conveyance executed by the proper officers of such city or village, under 
the common seal thereof. 

§ 2. That if any real estate, conveyed by virtue of this act, shall, at 
any time, cease to be used for school purposes for a period of three years, 
then it shall be the duty of the school officers, holding the title to such 
real estate, to convey the same back to said city or village, to be by it 
thereafterwards held, enjoyed and disposed of as other corporate 
property, which condition shall be inserted in any deed made by any 
such city or village by virtue of this act. Said reconveyance, in case of 
the non-use of such real estate for the period aforesaid, may be compelled 
and enforced by any tax payer of said city or village, by proper proceed- 
ings, to be instituted by him for that purpose. 

§ 3. That in all cases where any such real or personal estate shall 
have been under the control of any trustees, appointed or elected by 
virtue of any general or special law of this State, that whenever such 
estate shall be conveyed, as aforesaid, that the duties of such trustees, in 
relation thereto, shall cease and determine, and it shall be their duty to 
immediately settle and adjust all matters relating to such trust or estate 
and make report to the proper authority of their acts and doings, upon 
the approval of which said trustees will be released and discharged 
from the further performance of duty in that behalf. All moneys which 
may remain in the treasury of such city or village, to the credit of any 



80 



CITIES, TOWNS AND VILLAGES. 



fund connected with the use of such real or personal estate, while so held 
by such city or village, shall be used by such city or village for any law- 
ful corporate purpose. 

§ 4. That all acts or parts of acts inconsistent with the provisions of 
this act are hereby repealed. 

Approved June 27, 1885. 



DRAINAGE. 



§ 1. 



§ 3. 



Corporate authorities vested with power 
to construct drains, ditches, levees, 
etc., and to erect pumping works. 

Authorizes special assessments upon 
property benefited. 



§3. Proceeding's under this act confined to 
art. 9; for the incorporation of cities 
and villages. 



An Act to vest the corporate authorities of cities and villages with power 
to construct, maintain and keep in repair drains, ditches, levees, dykes 
and pumping works for drainage purposes, by special assessment upon 
the property benefited thereby* 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That the corporate authorities of cities 
and villages are hereby vested with power to construct drains, ditches, 
levees and dykes, to erect pumping works, and to acquire the necessary 
land and machinery for such purposes, and otherwise to provide for 
draining any portion of the lands within their corporate limits, by special 
assessment upon the property benefited thereby. 

§ 2. That the corporate authorities of cities and villages are hereby 
vested with the power to maintain and keep in repair such drains, ditches, 
levees, dykes, pumping works and machinery and such drainage im- 
provement, by special assessment upon the property benefited thereby: 
Provided, that no lot, block, tract or parcel of land shall be assessed 
more than once in any one year for such maintenance and repair. 

§ 3. All the proceedings for the making of the improvements in this 
act mentioned, and for the maintenance and repair thereof, and for the 
levy and collection of the special assessments to defray the cost of the 
same, shall be in accordance with the provisions of article nine of the 
general act for the incorporation of cities and villages, approved April 
10, 1872. 

Approved June 22, 1885. 



CITIES, TOWNS AND VILLAGES. 61 

INCORPORATION UNDER GENERAL LAW. 

J 1. Provides remedy for failure to record § 2. Emergency, 
or return result of election or in or- 
poration; elections declared valid; 
acts of such cities declared valid. 

An Act to legalize certain elections held under "An act to provide for 
the incorporation of cities and villages^ approved April 10, 1872, in 
force Jidy 1, 1872.' 

Section 1. P 'e it enacted by the Peop>le of the State of Illinois, repre- 
sented in the General Assembly : That whenever any city, town or 
village, since the amendment of section 1, article 1, of chapter 24 of the 
Revised Statutes, approved February 26, 1SS1, has held an election to in- 
corporate as a village or city under the general law, and such election 
has been held on some other day than the days in said section 1, of said 
statute, provided, or if the returns of any election heretofore held to in- 
corporate any city or village under the general law, have not been 
entered upon the records of such city or village or the county court, 
showing the canvass of votes and the result of such election, and a cer- 
tified copy of such records filed and recorded in the office of recorder 
of deeds, in the county in which such city or village is situated, and 
filed in the office of the Secretary of State., such elections so held by any 
such vi lage, city or town, if in other respects in compliance with the 
law, are hereby declared legal and valid: Provided, such returns of such 
elections are i ow or shall be made within three months from the date 
upon which this act becomes effective and certified copies of the same 
filed and recorded as required in section 13 of the act to which this 
bill [act] refers; and all elections of officers and organizations of any cities 
or villages in the State under and by virtue of an}? - such elections, if 
otherwise according to law, are hereby legalized and made effective, and 
all the acts of any such cities or villages, if otherwise legal, are also 
hereby made valid and binding. 

§ 2. Whereas the election for city and village officers, under said 
statute, will occur on the third Tuesday of April, wherefore an emer- 
gency exists, therefore- this act shall be in force from and after its pas- 
sage. 

Approved June 22, 1885. 



refunding illegal taxes. 

§ 1. Cities shall refund taxes illegally collected -when certificates therefor have been issued 
by the city councils ; certificates shall be exchanged for warrants within two years. 

An Act to refund illegcd taxes. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the Genercd Assembly : That, whenever, in any of the cities 
of this State, any taxes for city purposes have been collected and paid 
into the city treasury without authority of law, and the city council of 
such cities have caused certificates to be issued to the persons or corpo- 
rations who have paid such illegal taxes, certifying that such taxes were 



-62 CITIES, TOWNS AND VILLAGES. 



illegally assessed and collected, the city council of such cities are hereby 
authorized to make an appropriation as soon as possible after this act 
shall take effect, for- the purpose of refunding such illegal taxes, with 
six per cent, interest per annum from the date of such certificates; and 
warrants shall be drawn for the payment of such sums and interest, out 
of the fund so appropriated, to the persons or corporations who ob- 
tained such certificates, or their assignees or legal representatives, in the 
usual manner prescribed by the charter of said cities, or by the general 
law : Provided, such- certificates are presented to the comptroller of 
such cities for exchange for warrants within two years after this act 
shall go into effect. And the treasurers of any such cities shall pay 
said warrants out of said appropriations. 
Approved June 27, 1885. 



SPECIAL ASSESSMENTS. 
§ 1. Amends sec. 27, art. 9, by changing form of notice for publication. 

..An Act to amend section twenty-seven (27) of article nine (9) of an act en- 
titled ''An act for the incorporation of cities and villages" approved 
April 10, 1872.' 

Skction 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That section twenty-seven (27), of 
article nine (9), of an act entitled "An act for the incorporation of cities 
and villages," approved April 10, 1872, be and is hereby amended so as 
to read as follows: 

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

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

I4 r Your (here given a short dBScription of the premises) is assessed $ 

for public improvement. The assessment roll will be returned to the term 

of the court of county (here give date). 

Commissioners . 

Second— -They shall cause at least ten days' notice to be given, by post- 
ing notices in at least four public places in such city or village, two of 
which shall be in the neighborhood of such proposed improvement; and 
when a daily newspaper is published in such city or village, by publish- 
ing the same at least five successive days in such daily newspaper, or if 
EuTdaily newspaper is published in such city or village, and a weekly 
newspaper is published therein, then at least once in each week, for two 
successive weeks, in such weekly newspaper, or if no daily or weekly 
newspaper is published in such city or village, then at least once in each 



CITIES, TOWN'S AND TILLAGES. 



63 



week for two successive weeks in a newspaper published in the county in 
which such city or village is situated. The notice may be substantially 
as follows: 

Special Assessment Notice. 

Notice is hereby given to all person interested, that the city council (or board of trustees, 

as the case may be), of.." ..having' ordered that (here insert a brief description of the 

nature of the' improvement), the ordinance for the same being on file in the office of 

the clerk, have applied to the court of 

county for an assessment of the cost of said improvements, according to bpnefits. and an 
assessment thereof having been made and returned to said court, the final heating thereon 

will te had at the term of sai J. court, commencing on the day 

of A.D. 18 All persons desiring, may then and there appear and make their 

defense. 

(Here give 1 date.) :.... 

Commissioners." 

Approved June 26, 1885. 



SPECIAL ASSESSMENTS. 



§ 1. Amends section 35 by providing for the 
issue of a warrant for collection of 
assessment. 



Amends section 37 by providing for 
change of form of notice for col- 
lection. 



An Act to amend sections thirty-fite (35) and thirty-seven (37) of article 
nine (9) 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, repre- 
sented in the General Assembly ■: That sections thirty-five (35) and thirty- 
seven (37) of article nine (9) of an act entitled "An act for the incorpor- 
ation of cities and villages," approved April 10, 1872, be and they are 
hereby amended so as to read as follows: 

"Section 35. The clerk of the court in which such judgment is 
rendered shall certify the assessment roll and judgment to the officer of 
such city or village authorized to collect such special assessments, or if 
there has been an appeal or writ of error taken on any part of such 
judgment then he shall certify such part of the judgment as is not in- 
cluded in such appeal or writ of error, and such certificate shall be filed 
in his office by the officer receiving the same. With such assessment 
roll and judgment the clerk of such court shall also issue a warrant for 
the collection of such assessment." 

"Section 37. The collector receiving such warrant shall immediately 
give notice thereof by publishing such notice in one or more news- 
papers in such city or village, if such newspaper is there ; and if there 
is no such newspaper, than by posting four copies thereof in public places 
along the line of the proposed improvements. Such notices may be, 
substantially, in the following form: 



Special Assessment Notice. Special Warrant No. 



Public notice is hereby given, that the (here insert title of court) has rendered judgment for 
a special assessment upon property benefited by the fol'owing improvement (here insert the 
-character and location of the improvement in general terms), as will more fully appear from 
the certified copy of the judgment on file in my office; that a warrant for the collection of such 
assessments is in the hands o" the undersigned. All persons interested are hereby notified to 
call and pay the amounts assessed, at the collector's office, (here insert location of office) with- 
in thirty days from the date hereof. 

Dated this day of A. D. 18.... 

.-...'. , Collector." 

Approved June 26 1885. 



04 



CITIES, TOAYNS, AlsD TILLAGES— CIVIL RIGHTS. 



WATER SUPPLY 



§ 1. Amends Sec. 1, act J8'2, by authorize g I § 2. Amends the title of the act. 
cities, incorporated towns and vil- 
lages to contract for water supply | 

An Act to amend section one of an act entitled "An act to enable cities 
and villages to contract for a supply of water for public use, and to 
levy and collect a tax to pay for the vmier so supplied?' approved 
April 9, 18V 2, and to amend the title of said act. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That section one (1) of an act en-ti- 
tled "An act to enable cities and villages to contract for a supply of 
water for public use, and to levy and collect a tax to pay for the water 
so supplied," approved April 9, 1872, be amended so as to read as 
follows : 

"Section 1. That in all cities, incorporated towns and villages where 
water-works have been, or may hereafter be constructed by any person 
or incorporated company, the city, town or village authorities in such 
cities, incorporated towns and villages, may contract with such 
person or incorporated company for a supply of water for public use 
for a period not exceeding thirty years." 

§ 2. That the title of said act be amended so as to read as follows : 
"An act to enable cities, incorporated towns and villages to contract for 
a supply of water for public use, and to levy and collect a tax to pay 
for the water so supplied." 

Approved June 26, 1885. 



CIVIL RIGHTS. 



PROTECTION TO CITIZEN'S. 



§ 1. All citizens shall be entitled to full and 
equal enjoyment, in this State, of 
enumerated rights. 



2. Penalties for violation of this act by 
denying- enumerated rights, on ac- 
count of race or color. 



An Act to protect all citizens in their civil and legal rights and fixing a 
penalty for violation of the same. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That all persons within the juris- 
diction of said State shall be entitled to the full and equal enjoyment of 
the accommodations, advantages, facilities and privileges of inns, res- 
taurants, eating houses, barber shops, public conveyances on land or 
water, theaters, and all other places of public accommodation and amuse- 
ment, subject onljf to the conditions and limitations established by law, 
and applicable alike to all citizens. 



COURTS 65 



§ 2. That any person who shall violate any of the provisions of the 
foregoing section by denying to any citizen, except for reasons applica- 
ble alike to all citizens of every race and color, and regardless of color 
or race, the full enjoyment of any of the accommodations, advantages, 
facilities, or privileges in said section enumerated, or by aiding or in- 
citing such denial, shall, for every such offense, forfeit and pay a sum 
not less than twenty-five (25) dollars nor more than five hundred (500) dol- 
lars to the person aggrieved thereby, to be recovered in any court of 
competent jurisdiction, in the county where said offense was committed; 
and shall also, for every such offense, be deemed guilty of a misde- 
meanor, and upon conviction thereof, shall be fined not to exceed five 
hundred (500) dollars, or shall be imprisoned not more than one year, or 
both: And, provided, further, that a judgment in favor of the party 
aggrieved, or punishment upon an indictment, shall be a bar to either 
prosecution respectively. 



Approved June 10, 1885. 



COURTS. 



APPELLATE COURTS. 



WRITTEN OPINIONS. 



§ 1. Amends section 17, act 1877, by requiring judges to file written [opinions in all cases 

upon final hearing. 

An Act to amend section seventeen (17) of an act entitled "An act to 
establish appellate courts" approved June 2, 1877. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That section seventeen (17) of an 
act entitled "An act to establish appellate courts," approved June 2, 
1877, be and the same is hereby amended so as to read as follows, to- wit: 

"Section IV. All opinions or decisions of said court upon a final hear- 
ing of any cause, shall be reduced to writing by the court, briefly giving 
therein the reasons for such opinion or decision, and be filed in the cause 
in which rendered : Provided, that such opinion shall not be of binding 
authority in any cause or proceeding, other than in that in which they may 
be filed." 

Approved June 27, 1885. 



5— 



66 COURTS. 



CIRCUIT COURTS. 



FIRST, SECOND AND NINTH CIRCUITS. 

§ 1. Amends sec. 2 by changing- the terms of court in the counties of Williamson, Pulaski 
and Pope. Amends sec. 3. by changing- the terms in White county. Amends sec. 10 
by changing the terms in G-rundy county. 

An Act to amend sections two (2), three (3) and ten (10) of an act entitled 
"An act concerning circuit courts, and to fix the time for holding the 
same in the several counties in the judicud circuits in the State of Illi- 
nois, exclusive of the county of Cook,' 1 ' 1 approved May 24, 1879, as 
amended by act app>rove& and in force April 19, 1881 . 

Section 1. Be it enacted by the People of the State of Illi?iois, repre- 
sented in the General Assembly: That sections two (2), three (3) and 
ten (10) of an act entitled "An act concerning circuit courts, and to fix 
the time for holding the same in the several counties in the judicial cir- 
cuits in the State of Illinois, exclusive of the county of Cook," approved 
May 24, 1879, as amended by act approved and in force April 19, 188], 
be amended to read as follows: 

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

"Section 3. In the county of Lawrence, on the first Mondays of Feb- 
ruary and August ; in the county of Cumberland, on the third Mondays 
of February and August ; in the county of Crawford, on the first Mon- 
days of March and September ; in the county of Clay, on the third Mon- 
day of March and on the second Monday of September ; in the county 
of Richland, on the second Mondays of April and November ; in the 
county of Effingham, on the fourth Monday of April and the third Mon- 
day of October ; in the county of Jasper, on the third Monday of May 
and the first Monday of December ; in the county of Jefferson, on the 
second Monday of May and second Monday of December; in the county of 
Hamilton, on the fourth Mondays of Februaryand September; in the county 
Wayne, on the third Mondays of March and October ; in the county of 
Wabash, on the third Mondays of April and November ; in the county 
of Edwards, on the second Mondays of April and November; in the 



COURTS. 67 



county of White, on the first Mondays of January, June and August ; 
in the county of Gallatin, on the first Mondays of February and Septem- 
ber : Provided, that the June term of the court to be held in the county 
•of White shall be devoted exclusively to the transaction of any business 
in criminal, civil and chancery cases not requiring a jury, or where a 
trial by jury is waived ; and for this term of court, no grand or petit 
jury shall be summoned or empaneled." 

"Section 10. In the county of LaSalle, on the second Monday of Oc- 
tober, second Monday of January, second Monday of March and the 
second Monday of June ; in the county of Bureau, on the third Monday 
of March and fourth Monday of August, and the first 4 Monday in Decem- 
ber ; in the county of Grundy, on the first Mondays in September and 
March ; in the county of Will, on the first Monday of January, and the 
third Monday of May ; which term shall close on the last Saturday in 
June, and the third Monday of September." 

Approved June 29, 1885. 



SECOND CIRCUIT. 

§ 1. Amends section 3, act of 1879, by changing terms in Clay, Effing-ham and White counties. 
Fixes terms in Sangamon and Montgomery counties. 

An Act to amend section three (3) of an act entitled "An act concerning 
<■ circuit courts, and to fix the time for holding the same in, the several 
counties in the judicial circuits in the State of Illinois, exclusive of 
Cook county," approved May 24, 1879, in force July 1, 1879. 

Section 1. JBe it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That section three (3) of an act en-' 
titled "An act concerning circuit courts, and to fix the time for holding 
the same in the several counties in the judicial circuits in the State of 
Illinois, exclusive of Gook county," approved May 24, 1879, in force July 
1, 1879, be and the same is amended so as to read as follows: 

"Section 3. In the county of Lawrence, on the first Mondays of 
February and August ; in the county of Cumberland, on the third Mon- 
days of February and August ; in the county of Crawford, on the first 
Mondays of March and September ; in the county of Clay, on the second 
Mondays of March and September; in the county of Richland, on the 
second Mondays of April and November ; in the county of Effingham, 
on the thii'd Monday of March and the third Monday of October; in the 
county of Jasper, on the third Monday of May and first Monday of 
December ; in the county of Jefferson, on the second Mondays of May 
and December ; in the county of Hamilton, on the fourth Mondays of 
February and September; in the county of Wayne, on the third Mon- 
days of March and October; in the county of Edwards, on the second 
Mondays of April and November; in the county of Wabash, on the third 
Mondays of April and November ; in the county of White, on the first 
Monday of January, the second Monday of March, the first Monday of 
June and the first Monday of October ; in the county of Gallatin, on the 



68 COURTS. 



first Mondays of February and September ; in the county of Sangamon,. 
on the first Mondays of September, November, January, March and May \ 
in the county of Montgomery, on the first Monday of November and 
third Monday of January and April: Provided, that the January and 
June terms of the court to be held in the county of White, shall be 
devoted exclusively to the transaction of any business in criminal, civil 
and chancery cases not requiring a jury, or where a trial by jury is 
waived; and for these terms of court no grand or petit jury shall be 
summoned or empaneled : Provided, that the January term in Mont- 
gomery county and the May term in Sangamon county shall have no 
jury summoned, unless the same is done on the written order of the 
judge." 

Approved June 30, 1885. 



SECOND, FOURTH, SEVENTH, TENTH AND THIRTEENTH CIRCUITS. 

§ 1. Amends sec. 3, act 1879, by changing- the terms in Clay, Effingham and White. Amends 
sec. 5, by changing the terms in Clark and Macon. Amends sec. 8, by changing the 
terms in DeWitt and Cass. Amendssec.il, by changing the terms in Henderson. 
Amends sec. .14, by changing the terms in Lee, Whiteside, Carroll and Ogle. 

An Act to amend sections three, Jive, eight, eleven and fourteen of an act 
entitled "An act concerning circuit courts and to fix the time for hold- 
ing the same in the several coxmties in the judicial circuits in the State 
of Illinois, exclusive of the county of Cook," approved May 24, 18V 9. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That sections three, five, eight, eleven 
and fourteen of an act entitled "An act concerning circuit courts, and to 
fix the time for holding the same in the several counties in the judicial 
circuits in the State of Illinois, exclusive of the county of Cook," 
approved May 24, 1879, and in force July 1, 1879, be and the same are 
hereby amended to read as follows: 

"Section 3. Second Circuit — In the county of Lawrence, on the first 
Mondays of February and August; in the county of Cumberland on the 
third Mondays of February and August; in the county of Crawford, on 
the first Mondays of March and September; in the county of Clay, on the 
second Monday of March, and on the second Monday of September; in 
the county of Richland, on the second Mondays of April and November; 
in the county of Effingham, on the third Monday of March, and the third 
Monday of October; in the county of Jasper, on the third Monday of 
May, and first Monday of December; in the county of Jefferson, on the 
second Monday of May, and second Monday of December; in the county 
of Hamilton, on the fourth Mondays of February and September; in the 
county of Wayne, on the third Mondays of March and October; in the 
county of Edwards, on the second Mondays of April and November; in 
the county of Wabash, on the third Mondays of April and November; in 
the county of White, on the first Monday of January, the second Monday 
of March, the first Monday of June and the first Monday of October; in 
the county of Gallatin, on the first Mondays of February and September: 
Provided, that the January and June terms of the court, to be held in 



COURTS. 69 



the county of White, shall be devoted exclusively to the transaction of 
any business in criminal, civil and chancery cases not requiring a jury, 
or where a trial by jury is waived, and, for these terms of court, no 
grand or petit jury shall be summoned or empaneled." 

"Section 5. Fourth Circuit — In the county of Vermilion, on the first 
Monday in February, third Monday of May, and first Monday of October; 
in the county of Edgar, on the second Monday of March, and the second 
Monday of September; in the county of Douglas, on the second Monday 
of April, and the second Monday of October; in the county of Clark, on 
the third Monday in April, and the third Monday in October; in the 
county of Coles, on the second Monday of April, and the second Mon- 
day of November; in the county of Piatt, on the first Monday of Sep- 
tember, and first Monday of February; in the county of Champaign, on 
the fourth Monday of September, and first Monday in March; in the 
county of Moultrie, on the third Monday in November, and third Mon- 
day of April; in the county of Macon, on the second Monday of January, 
the first Monday of June, and the fourth Monday of September." 

" Section 8. Seventh Circuit — In the county of De Witt, on the third 
Monday of March, fourth Monday of August, and first Monday of 
December; in the county of Logan, on the third Mondays of January, 
May and September; in the county of Menard, on the first Monday in 
March, and third Mondays of July and October; in the county of Mason, 
on the second Monday of February, and first Mondays of August and 
November; in the county of Cass, on the first Monday of April, third 
Monday of August, and first Monday of October; said August term in 
said county of Cass, to be devoted to the trial of chancery causes, and 
such other business as may be transacted without the intervention of a 
petit jury; in the county of Greene, on the fourth Monday of February 
and the first Monday of September; in the county of Jersey, on the third 
Monday of March and fourth Monday of September; in the county of 
Calhoun, on the second Mondays of April and October; in the county of 
Scott, on the fourth Mondays of April and October; in the county of 
Morgan, on the second Mondays of May and November." 

"Section 11. Tenth Circuit — In the county of Rock Island, on the 
first Mondays of January, May and September; in the county of Henry, 
on the second Mondays of February, June and October; in the county 
of Mercer, on the third Monday of March, fourth Monday of November 
and second Monday of August; in the county of Knox, on the first Mon- 
days of February and June, and the third Monday in October; in the 
county of Warren, on the first Monday of January and May, and third 
Monday of September; in the county of Henderson, on the first Monday 
of March and fourth Monday of August." 

"Section 14. Thirteenth Circuit — In the county of Jo Daviess, on the 
second Mondays of November and February, and the fourth Monday 
in May; in the county of Stephenson, on the first Mondays of 
September and December, and the third Monday of March ; and in the 
county of Winnebago, on the first Monday in October, second Monday 
in January, and the fourth Monday of April ; in the county of Lee, on 
the first Monday of January, second Monday of April, and the third 
Monday of September; in the county of Whiteside, on the first Monday 
of February, second Monday of May, and the third Monday of October; 
in the county of Carroll, on the first Monday of March, on the third 



70 COURTS. 



Monday of June, and the third Monday of November ; in the county of 
Ogle, on the third Monday of March, on the fourth Monday of August, 
and the first Monday of December : Provided, that all suits commenced 
for, and all process made returnable to any term of court under the law 
to which this act is ameudatory, shall be treated and held to be com- 
menced for and returnable to the first succeeding term of court under 
this act, and all such suits and process shall stand as though the same 
had been made returnable to such succeeding term of court." 
Approved June 26, 1885. 



COUNTY COURTS. 



BAIL IN CRIMINAL CASES. 



§ 1. Amends section 120, by providing for fixing- bail in term time or in vacation; Sheriffs- 
mar take bail in vacation; judgment in vacation upon plea of guilty. 

An Act to amend section one hundred and twenty (120) of an act entitled 
"An act to extend the jurisdiction of county courts, 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. JBe it enacted, by the People of the State of Illinois, repre- 
sented in the General Assembly : That section one hundred and twenty 
(120) of an act entitled "An act to extend the jurisdiction of county 
courts, 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 the same is hereby amended so as to read as- 
follows: 

"Section 120. When the grand jury of the circuit court shall indict 
for offenses cognizable in the county court, such indictments may, in the 
discretion of said circuit court, be certified under the seal thereof to the 
county court for process and trial, which process shall be the same as like 
process in the circuit court ; and the said county court in term time, or 
the judge thereof in vacation, shall fix the amount of bail to be required 
of the accused, and shall forthwith, on the receipt of such certified in- 
dictment, order a capias in each case, which capias the clerk shall issue, 
either in term time or vacation, endorsing upon the same the amount of 
bail required of each defendant by the court or judge. When such 
capias is executed in term time, and the court being in session, the 
sheriff shall bring the defendant into court forthwith ; but if the court 
shall have temporarily adjourned, the sheriff shall, if sufficient bail be 
offered, take bond in the amount named in the capias, conditioned for 
his appearance in said court on the day and hour to which it stands ad- 
journed, and when the capias is executed in vacation, the sheriff shall, 
/in like manner, take bond conditioned for his appearance in county 
court as the law directs in cases of recognizances in the circuit court ; 
and in default of such bond shall commit the defendant to jail, there to 
await trial. The judge of the county court shall have power to receive a- 



COURTS. 71 



plea of guilty to an indictment and to pass judgment thereon, as well in 
vacation as in term time ; and the said county court, or the judge thereof 
in vacation, shall have like power to order the clerk to issue capias on 
informations filed, as is by this section given in cases of certified indict- 
ments: Provided, such indictments may be certified to said county court, 
as above provided, at any time before trial, and in case of capias issued, 
arrest made, or bail taken, in the circuit court before such indictments 
are so certified, such facts shall, in like manner, be certified to said county 
court, and the same proceedings shall thereafter be had thereon in the 
county court in all respects as could be had in said circuit court, or as if 
capias were issued, arrest made, or bail taken as above provided." 

Approved June 30, 1885. 



CARROLL AND WHITESIDE COUNTIES. 

§ 1. Amends Sees. 16 and 105, by changing- the terms of the county court in Carroll and 

in Whiteside counties. 

An Act to amend sections sixteen (16) and one hundred and five (105) of 
an act entitled "An act to extend the jurisdiction of comity courts 
and to provide for the practice thereof, to fix the time for holding 
the same, and to repeal an act therein named,' 1 '' 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 sixteen (16) and one hun- 
dred and five (105) of an act entitled "An act to exteiid 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, be so amended as to read as 
follows : 

"Section 16. Carroll, in September, January and May." 

"Section 105. . Whiteside, in April, September and December." 

Approved June 30, 1885. 



CASS county. 
§ 1. Changes the time of holding court in Cass county. 

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. Beit enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That section seventeen (17) of "An 



72 



COURTS. 



act to extend the jurisdiction of county courts, and to provide for the 
practice thereof, to fix the time for holding the same, and to repeal an 
act therein named," approved March 26, 1874, be amended so as to read 
as follows: 

"Section 17. Cass, on the third Mondays of January and July." 

[§ 2.] All acts or parts of acts in conflict herewith be, and the same 
are, hereby repealed. 

Approved June 29, 18S5. 



WHITE COUNT Y. 
§ 1. Changes terms in White. 

An Act to amend section one hundred and four (104) of an act entitled 
"An act to extend the jursidict ion of county courts, and to provide for 
the practice thereof, to fix the time of 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, rep- 
resented in the General Assembly : That section one hundred and four 
of an act entitled "An act to extend the jurisdiction of county courts and 
to provide for the practice thereof, to fix the time for holding the same, 
and to repeal an act therein named," approved March 26, 1874, in force 
July 1, 1874, be amended to read as follows: 

"Section 104. White, in April and November." 

Approved June 26, 1885. 



JUDGES MAY HOLD OTHER COURTS. 



§ 1. Judges may hold courts in any county 
in case of vacancy, absence or disa- 
bility. 



Repeals the act of 18S3. 
Emergency. 



An Act to authorize county and probate judges to perform the duties 
of the office of one another in certain cases. 

S ection 1 . Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly. That in case of the absence, death, 
resignation, or inability of the judge of a county or probate court of 
any county, any county or probate judge may hold such county or pro- 
bate 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. 

§ 2. The act entitled "An act to authorize county judges to per- 
form the duties of judges of probate courts in certain cases," approved 
May 23, 1883, is hereby repea'ed. 



COURTS CRIMINAL CODE. 73 



§ 3. Whereas, there has been a recent death of "a county judge, and 
a necessity thereby created to authorize a county or probate judge to 
perform the duties of the office of such deceased judge; therefore an 
emei'gency exists, and this act shall be in force from and after its 
passage. 

Approved April 10, 1885. 



CRIMINAL CODE. 



CONTINUANCES. 

§ 1. Affidavits for continuances; alleged testimony of absent witnesses maybe aJmitted 

and trial had. 

An Act to regulate the granting of continuances in criminal cases. 

Section 1. Be it enacted by tlie People of the State of Illinois, repre- 
sented in the General Assembly : That when affidavit is made for a con- 
tinuance in behalf of the people or any defendant in a criminal case, on 
the ground of the absence of a material witness, the State's Attorney, or 
the defendant, as the case may be, shall not be required to admit the 
abso'ute truth of the matter set up. in the affidavit for continuance, but 
only that such absent witness, if present, would testify as alleged in the 
affidavit; and if it is so admitted, no continuance shall be granted, but 
the case shall go to trial, and the party admitting the same shall be per- 
mitted to controvert the statements contained in such affidavit by other 
evidence, or to impeach such absent witness the same as if he had testi- 
fied in person: Provided, that the court may, in its discretion, require 
the opposite party to admit the truth, absolutely, of any such affidavit 
when from the nature of the case, he may be of opinion that the ends of 
justice require it: Provided, further, that this act shall not apply to ap- 
plications for continuances at the same term of the court at which the in- 
dictment is found or information filed. 

Approved' June 26, 1885. 



BURGLARY. 

1. Amends section 36 of the Criminal Code by adding- the provisos presenting penalties for 
entering- dwelling- houses in the night time. 

An Act to amend section thirty-six (36), of division one, of an act en- 
titled "An act to revise the law in relation to criminal jurispru- 
dence" approved March 27, 16 74, in force July 1, 187 4, as amended 
by an act approved April 10, 1877, in force July 1, 1877. 

Section 1 . Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: That section thirty-six (36), of division one, 



74 



DRAINAGE. 



of an act entitled "An act to revise the law in relation to criminal juris- 
prudence," approved March 27, 1874, in force July 1, 1874, as amended 
by an act approved April 10, 1877, in force July 1, 1877, be amended 
so as to read as follows: 

" Section 36. Whoever wilfully and maliciously and forcibly breaks 
and enters, or wilfully and maliciously, without force (the doors or win- 
dows being open), enters into any dwelling-house, kitchen, office, shop, 
store-house, warehouse, malt-house, stilling-houses, mill, pottery, factory, 
wharf-boat, steamboat, or other water craft, freight or passenger rail- 
road car, church, meeting-house, school house, or other building, with 
intent to commit murder, robbery, rape, mayhem, or other felony or 
larceny, shall be deemed guilty of burglary, and be imprisoned in the 
penitentiary for a term not less than one year nor more than twenty years: 
Provided, however, that whoever wilfully and maliciously and forcibly 
breaks and enters, or wilfully and maliciously, without force (the doors or 
windows being open)., enters into any dwelling-house in the night time, 
with intent to commit murder, robbery, rape, mayhem or other felony or 
larceny, shall, on conviction, be imprisoned in the penitentiary for a 
term of not less than five years nor more than twenty years: Provided 
further, that if at the time of committing the offense mentioned in the 
proviso, such person shall be found with any deadly weapon, deadly 
drug, or anaesthetic upon his person or in his possession, he shall, on 
conviction, be punished by imprisonment in the penitentiary for 
any term of years not less than five." 

Approved June 19, 1885. 



DRAINAGE. 



ASSESSMENTS-EXTENSION OF- TIME FOR PAYMENT. 



§ 1. Petition for extension of time for pay- 
ment of assessments, and hearing of 
petition by the courts. 

§ 2. Notice of filing- and hearing said peti- 
tion. 

§ 3. Proof of facts alleged in the petition. 

§ 4. Hearing the petition upon evidence, 
and judgment thereon. Enforcing 
the decree of the court. 



§ 5. Drainage commissioners may borrow 
money and issue bonds as herein pro- 
vided . 

§ 6. Assessment roll of any district recorded 
in the recorder's office, shall consti- 
tute a lien upon the lands assessed. 
Discharge of lien upon payment of 
assessment. 

§ 7. Emergency. 



An Act to extend the time and provide for the payment of assessments 
of benefits in drainage districts. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That whenever a petition signed by 
a majority in number of the adult owners of lands lying in any drain- 
age district, or drainage and levee district, organized under any law of 






DEAINAGE. 15- 



this State, shall be filed with the clerk of the county court, or any jus- 
tice of the peace, or town clerk, having custody of the records of such 
district, representing that an assessment of benefits has been made 
against the. lands in such district for the construction of the proposed 
drains and works of such district, and confirmed as required by law 
and is unpaid in whole or in part, and that it would promote the interest 
of the land owners in such district to extend the time for the payment 
of such assessments to a time named in the petition, or have the same 
made payable in installments at such time or times and amounts men- 
tioned in the petition, or to issue bonds not exceeding, in principal and 
interest, the amount of said assessments or any installment thereof, it 
shall be the duty of the clerk of the county court, justice of the peace, 
or town clerk, to fix the time and place for the hearing of said petition,, 
which shall be not less than fifteen days from the filing thereof, and 
the time fixed by the clerk of the county court may be on any day of a 
probate or common law term of said court. 

§ 2. Upon the presentation of such petition the clerk of the county 
court, justice of the peace, or town clerk, shall give at least two weeks 
notice, addressed "To all persons interested," of the filing of such peti- 
tion, and that the same is in relation to the time and manner of paying 
the assessments in said district, and when and where said petition will be 
heard, by posting notices in six of the most public places in such district, 
and by publishing a like notice in some newspaper published in the 
county in which said district or a greater part of the land thereof is- 
situated. Affidavit of such posting and publication, or the certificate of 
the clerk, justice of the peace, or town clerk, that such notice was given, 
shall be sufficient evidence thereof. 

§ 3. The affidavit of two or more persons who are signers of such 
petiti'on, or any two commissioners of said district, stating that they 
have examined the same, and that they believe that said petition is signed 
by a majority of the adult owners of the land in such district, and that 
the matters and things alleged in said petition are true, shall be prima 
facie evidence of such facts, or other evidence may be heard by the 
court in support of the petition, at which time any other adult owner 
of land in said district may sign said petition. 

§ 4. On the day fixed in said notice, the court, justice of the peace, 
or drainage commissioners, if the proceedings of the district are with 
the town clerk, shall examine said petition, and if it is determined, from 
the evidence, that the same is signed by a majority of the adult owners 
of the lands assessed in such district, the court, justice of the peace, or 
commissioners, shall make a written record of such findings, and if the 
holder or holders of all bonds, if any, issued by said district, which are a 
lien upon such asssessment, appear and enter their consent in writing 
thereto, the court, justice of the peace or commissioners shall also enter 
of record an order granting the prayer of said petition according to the 
allegations thereof, and the owners of lands assessed in such district 
shall pay their respective assessments according to such order, together 
with interest thereon at the rate of six per cent, per annum, from the 
time the same became due under the prior order. And such findings 
shall stand in lieu of any other prior order of the court, justice of the 
peace or commissioners in relation to the time of payment of such assess- 
ments, and all proceedings to enforce the collection of such assessment 



76 DRAINAGE. 



of benefits under any such prior order shall be stayed. Upon a certified 
copy of the findings under such petition being presented to the county 
collector, treasurer or collector of such district, he shall stay all pro- 
ceedings to collect any assessments under said prior order, and the col- 
lection of said assessments under the order made in pursuance of said 
petition, shall be enforced in the manner now provided by the law under 
which such district was organized, or other laws in force. 

§ 5. The commissioners of such district may borrow money to an 
amount of principal and interest not exceeding ninety per cent, of the 
amount of assessments unpaid at the time of borrowing, for the con- 
struction of the proposed work in said district, and for the payment 
of any indebtedness they may have lawfully incurred, and may secure 
the same by bonds bearing interest at the rate of not exceeding six per 
per cent, per annum, and not running beyond one year after the last 
assessment, or installment of assessment, on account of which the money 
is borrowed shall fall due, which bond shall constitute a lien upon the 
assessment for the payment of the principal and interest thereof, or such 
bonds may be issued to the amount of any one installment, not exceed- 
ing ninety (90) per cent, thereof, and constitute a lien on such install- 
ment alone, falling due in one year after such installment becomes due, 
but such installment shall be particularly designated in such bonds. No 
irregularity in the proceedings, either before or after the organization 
of the district, or in the assessments of benefits, or in the extension of 
the time for the payment of the same, shall in any manner affect the 
validity of the bonds or coupons issued in pursuance of this act. 

§ 6. The assessment roll of any district, when recorded in the 
Recorder's office of the county in which the lands are situated, shall 
constitute a lien on the lands assessed, from the time of filing until paid. 
The proceedings of the county court shall be a sufficient notice of such 
lien upon the lands situated in the county in which the proceedings are 
had, and such proceedings shallbe a lien until such assessments are paid. 
When an assessment against any tract of land has been fully paid, it 
shall be the duty of the treasurer of such district to sign and deliver to 
the owner of such land, a release in full, which shall discharge such 
owner from all further liability to pay the same. The release may be 
recorded in the recorder's office of the county where such lands are 
situated. 

§ 7. Whereas, the corporate authorities of many drainage districts 
organized under the laws of this State have ordered the assessments of 
such districts to be paid in such manner as to become unnecessarily bur- 
densome to the owners of lands therein; therefore, an emergency exists, 
and this act shall take effect and be in force from and after its passage. 

ArriovED May 23, 1885. 



DRAINAGE. 



77 



FARM DRAINAGE. 



§ 1. 

§ 2. 

§ 3. 

§ 4. 

§ 5. 

§ 6. 

§ 7. 



§ 8. 
§ 9. 
§ 10. 

§11. 
§ 12. 
§ 13. 
§ 14. 

§ 15. 

§ 16. 

§ 17. 

§ 18. 
§ 19. 

§ 20. 
§ 21. 

§ 22. 
§ 23. 
§ 24. 

§ 25. 

§ 26. 

§ 27. 



Commissioners of highways in each 
town named as drainage commission- 
ers; bodies corporate. 

Town clerks, clerks of drainage com- 
missioners; drainage record kept. 
Treasurers of drainage districts. 

Rights of land owners constructing 
drains leading into natural water 
courses. 

Right of way across the lands of 
others, without consent of owners; 
service of summons. 

Hearing in justice's court; finding of 
court or jury; damages; eflect of 
judgment. 

Construction of drain after judgment 
is obtained; costs of suit; keeping in 
repair; right to enter upon lands for 
that purpose; such right shall pass 
to others; recovery for unnecessary 



Bond for costs before action is com- 
menced; defendant's witne ses. 

Plat of lands to be drained; filed as 
part of the record in suits. 

Penalties for injury to drain or for 
obstructing the construction of 
drains. 

Formation of districts for combined 

drainage; petition. 
Petition for proposed district filed 

with town clerk; notice to parties. 

Meeting of drainage commissioners; 
hearing upon petition; decision. 

Commissioners shall personally ex- 
amine the lands in the proposed dis- 
trict, and may have plat and survey 
made. 

Organization of districts; map of 
district; effect of signature to peti- 
tion. 

Organization of districts embracing 
lands of two owners only. 

Outlets of drains in organized dis- 
tricts. 

Right of way ; releases recorded. 

Right of way; proceedings before 
jury; notice; proceedings may com- 
mence in county court. 

Assessment of damages for right of 
way. 

Special assessments for benefits; 
classification of lands on a graduated 
scale; district already formed ; classi- 
fication filed with clerk. 

Former ditches or drains; how util- 
ized. 

Notice of classification; objections 
heard. 

Re% T iew of classification; corrections 
may be made ; appeal to three super- 
visors; bond for costs. 

Hearing of appeals by supervisors; 
decision conclusive. 

Special assessment tax list. 

Appeal to county court to correct ex- 
cessive assessment; taxing costs. 



§ 28. Appeals shall not delay collection of 
tax against other lands; shall not 
delay progress of work. 

§ 29. Taxes may be ordered paid in install- 
ments; taxes a lien on lands; inter- 
est on delinquent tax. 

§ 30. Bond of treasurer. 

§ 31. Treasurer's accounts; how kept. 

§ 32. Delinquent tax list; returned to 
county collector; commissioners may 
become purchasers at tax sale. 

§ 33. Bond of county collector; payment of 
taxes after return of delinquent tax 

list. 

§ 34. Work on ditches may be let in sec- 
tions. 

§ 35. Notice of lettings, places of work; 
commissioners shall not be interest- 
ed in contracts; payment of con- 
tractors; reletting contracts when 
contractor has failed to perform the 
work. 

§ 36. Taxes paid by contractor. 

§ 37. Excess of damaees for right of way 
over taxes tendered to owners be- 
fore entry upon lands; unknown 
owners; deposit in county court. 

§ 38. Use of moneys by commissioners 
belonging to the district. 

§ 39. Entry upon lands for construction 
and repairs of drains; penalties for 
hindering. 

§ 40. Use of public highways, for right of 
way; assessment of benefits against 
highways and railroads. 

§ 40*4 Bridges and culverts along and across 
highways and railroads. 

§ 41. Repairs; relocating or reconstructing 
drains; outlets beyond district bound- 
ary; right of way for that purpose 
procured by condemnation. 

§ 42. Lateral drains; connections with, out- 
side of district; enlargement of 
ditches in consequence of lateral 
connections; individual connections; 
enlargement of boundaries of dis- 
trict; proceedings. 

§ 43. Sub-districts. 

§ 44. Penalties for injuring or destroying 
drain. 

§ 45. Repairs of open ditches in pastures. 

§ 46. Penalties upon commissioners for 
failure of duty. 

§ 47. Reports of commissioners and treas- 
urers; publication by clerk. 

§ 48. Union districts; formation. 

§ 49. Special districts; formation. 

§50. Notice of hearing petition by county 
court. 

§51. Hearing by the court. 

§ 52. Decision of the court; appointment 
of commissioners; examination of 
district and report of commissioners; 
hearing upon report of commission- 
ers; organization of such special 
district. 



•78 



DRAINAGE. 



§ 53. Notice of election of commissioners 

in special districts. 
§ 54. Election, how conducted; term of 

ollice; vacancies, how filled; returns 

of election to county clerk; oath of 

ollice. 

5 55. Special districts containing less than 
15 land owners; appointment of com- 
missioners; term of office; succes- 
sors in office. 

§ 56. Commissioners shall determine sys- 
tem of drainage; outlets; report of 
engineer; maps, proliles and esti- 
mates; numbering drains; m-tps filed 
and recorded. 

§ 57. Right of way for special districts; 
notice to owner of lauds. 

§ 58. Hearing; damages allowed; new trials. 

J 59. Classification of lands and assessment 
of benefits as in Sees. 21 and 22. 

§ 60. Report of classification; objections; 

hearing; decision; appeals. 
£ 61 Hearing of appeals, and by whom. 

§ 62. Special assessments in special dis- 
trict; tax lists; proceed as in Sees. 
26 and 27. 

§ 63. Additional levies to meet deficiencies; 
paid in installments; issua of bonds; 
collection of tax. 

§ 64. Refunding bonds. 



§ 65. Petition for extension of assessment 
and issue of bonds; bonds sold at not 
less than par. 

§ 66. Record of bonds issued. 

§ 67. Registration of bonds by the Auditor 
of State. 

§ 68. Tax levy for payment of interest and 
principal when due. 

§ 69. State the custodian of tax; payment of 
interest by State Treasurer. 

§ 70. Commissioners' statement of bonds 
and estimated amount of interest 
and expenses of ensuing year; ex- 
tension by county clerk of assess- 
ments; collection of taxes; interest 
fund; unregistered bonds. 

§ 71. County treasurers to be collector and 
and treasurer of special districts. 

§ 72. Assessments liens on lands; delin- 
quent assessments. 

£ 73. Compensation of commissioners, en- 
gineers, clerks and treasurers. 

§ 71. Bridges over drains. 

§ 75. River districts; organization for the 
improvement of the channels of 
streams. 

§ 76. District by user, - formation. 

§ 77. Districts formed by mutual agreement. 

§78. Repeals former acts. 



An Act to provide for drainage for agricultural and sanitary purposes, 
and to repeal certain acts therein named. 

Section 1. He it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That the commissioners of highways 
in each town in the several counties under township organization in this 
State shall be the drainage commissioners in and for all drainage dis- 
tricts in their respective town, and shall be known by the corporate 

name of Drainage Commissioners of District No , of the town 

of , county of , State of Illinois, and by that name shall 

be a body politic, and may sue and be sued, plead and be impleaded, 
contract and be contracted with, and all other drainage commissioners 
provided for in this act shall be alike the corporate authorities of their 
respective districts. 

§ 2. The town clerk shall be the clerk, of the drainage commis- 
sioners of his town ; he shall be the custodian of all papers and records 
pertaining to drainage matters in his town, and shall keep in a well- 
bound book, to be known as the "Drainage Record," a record of the 
proceedings of the commissioners, and shall enter at length therein all 
the findings and orders of the commissioners pertaining to the subject 
of drainage. 

§ 3. In all districts, in counties under township organization, the 
supervisor of the town in which the district is situated shall be the 
treasurer of the district. When the district lies, in two towns, the 
supervisor of one of the towns, to be designated by the commissioners, 
shall be the treasurer. In all special drainage districts the county treas- 
urer shall be the treasurer of the district In all cases the treasurer 
shall give bonds to the commissioners, not less than double the amount 



DRAINAGE. 79 



of money likely to come into bis hands in any one year, as such treas- 
urer : Provided, that this shall not apply to the county treasurer when 
his official bonds are deemed sufficient. 



EIGHTS OP DRAINAGE. 

§ 4. Owners of land may drain the same in the general course of 
natural drainage, by constructing open or covered drains, discharging 
the same into any natural water course, or into any natural depression, 
whereby the water will be carried into some natural water course, or into 
some drain on the public highway with the consent of the commissioners 
thereto ; and when such drainage is wholly upon the owner's land, he 
shall not be liable in damages therefor to any person or persons or 
corporation. 

§ 5. When it is necessary to extend drains on or through the land of 
others to obtain a proper outlet, and the person desiring to drain pro- 
poses to construct such extension at his own expense, by means of an 
ample and properly made tile ditch, and the owners of the land refuse 
to 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 proceeding 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 persons in possession or con- 
trol of such premises. 

§ 6. The justice, or jury if a jury is empaneled, shall hear the evi- 
dence, and if they find such drain, if constructed in the manner pro- 
posed, would not empty into a natural water course or natural depres- 
sion, 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 plaintiffs, 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 until after the expiration of two years from the find- 
ing in the former case. 

§ 7. If, after judgment, the plaintiff or plaintiffs in such suit shall 
deem it best not to construct such drain, the3 r 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, until after the expiration of one year from the rendition 
of the judgment ; 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 pur- 
pose of repairing such drain; and it shall be his or their duty to keep it 
in good repair, and this right and duty shall pass to the heirs or assigns 



80 DRAINAGE. 



of the lands for the benefit of which the drain is constructed : 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 ai.d 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 commence 
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 dam- 
ages, if damages are awarded therein, within sixty days after the rendi- 
tion 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 sub- 
poenaing the same shall be taxed to the defendant or defendants. 

§ 9. Prior to issuing the summons in commencing any suit under 
this act, the plaintiff or plaintiffs shall file with the justice a sketch, or 
plat, of the land to be drained, and that of all other persons across or 
upon which such drain is to be constructed, showing the starting point 
of such drain and its proposed course, across or upon the land of others, 
and the point of its discharge; and such plat shall be kept by the justice 
with the other papers in said cause. A failure to comply with the pro- 
visions of this section shall be sufficient cause for the dismissal of the 
suit at any time before the trial is entered upon. If the judgment is for 
the plaintiff the justice shall file papers and map with the town clerk, to 
be recorded on the drainage record. 

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

COMBINED DRAINAGE. 

§ 11. When the case involves a system of combined drainage in one 
town, and it is proposed that the cost shall be borne proportionately by 
the several parties benefited, a petition addressed to the drainage com- 
missioners shall be presented to the town clerk, signed by a majority in 
number of the adult owners of land lying in a proposed district, and 
they shall be the owners in the aggregate of more than one-third of the 
lands lying in the proposed district, or by the owners of the major part 
of the land and who constitute one-third or more of the owners of the 
land in the proposed district, setting forth the boundaries, or a descrip- 
tion of the several tracts of land thereof or fractions as usually desig- 
nated: Provided, that where two land owners only are concerned, the 
petition may be signed by one, or both of these, and the amount of land 
owned by the parties shall not be a condition. Said petition shall state 



DKAINAGB. 81 



that the lands lying within the boundaries of said proposed district re- 
quire a combined system of drainage or protection from wash or over- 
flow; that the petitioners desire that a drainage district may be organ- 
ized, embracing the lands therein mentioned, for the purpose of construct- 
ing, repairing or maintaining a drain or drains, ditch or ditches, em- 
bankment or embankments, grade or grades, or all or either, within said 
district, for agricultural and sanitary purposes, by special assessments 
upon the property benefited thereby. The names of the owners of the 
several tracts of land together with their postoffice address shall be given 
so far as known. 

§ 12. It shall be the duty of the town clerk to file said petition in 
his office, and he shall, within five days after the filing of said petition, 
give notice in writing to each of the commissioners of highways of such 
town, of the filing of such petition, and shall give notice, if there be 
two parties only interested in the drainage, to each of the two parties 
concerned, or if the petition is signed by two or more and more than 
two parties are involved, then the notice shall be given by posting writ- 
ten or printed notices, in at least three public places in or near the pro- 
posed drainage district, that a meeting of the drainage commissioners 
will be held at such place and time as the commissioners may decide 
upon, not less than eight days nor more than fifteen days from the date 
of" said notice, for the purpose of organizing said drainage district. He. 
shall also file a copy of said notice in his office. 

§ 13. It shall be the duty of the drainage commissioners to meet at 
the time and place mentioned in said public notice, and the c'erk shall 
lay before them the said petition and all other papers in the case, and 
they shall thereupon proceed to ascertain whether the said petition con- 
tains the signatures of a majority of the adult persons owning land in 
said district, and if they are the owners of more than one-third of the 
land situate in said district, or by the owners of the major part of the 
land who constitute one-third or more of the owners of the land; and 
the affidavits of two or more credible signers of said petition that they 
have examined the same, are acquainted with the locality of the district, 
and that they believe that said petition is signed by a majority of the 
adult owners of land in said district, and that said signers are the own- 
ers of more than one-third of the lands in said district, or by the owners 
of the major part of the land, and who constitute one-third or more of 
the owners of land in the proposed district, may be taken as prima facie 
evidence of the facts set forth in said petition as against the owners of 
lands in said district, and as conclusive evidence against all persons sign- 
ing said petition, that they have accepted the necessity for the organiza- 
tion of such district hereunder. At such meeting, any other owners of 
land within said district shall be permitted to place their names on said 
petition, if they so desire. Any person owning land in said district, 
whose name does not appear on said petition, may, at said time and 
place, appear and controvert any material statement in said petition; and 
for the purposes of such hearing, the said officers shall have full power 
to administer oaths to, and examine all witnesses produced, and shall 
decide all such controverted questions at such time and place, and make 
a written statement of their finding, to be filed with the papers in the 
case. If they find that the petition has not been signed as herein re- 
quired, they shall dismiss the case. For cause shown they may adjourn, 
but not for more than three days at any one time. 



82 DRAINAGE. 



§ 14. If the commissioners shall find in favor of the petitioners, as 
set forth in the last preceding section, they shall then adjourn their 
meeting to a time not less than eight days nor more than fifteen days, 
and publicly announce the same. The commissioners shall, in the mean- 
time, go upon the lands included in the proposed district, and personally 
examine the same; and they shall have power to employ a competent 
civil engineer, if in their opinion the services of an engineer be neces- 
sary, who shall thereupon proceed to make such survey and estimates as 
the said commissioners may direct, and shall make and return to the said 
commissioners a map or plat of his survey, and a full report of all esti- 
mates so required of him. 

§ 15. At the time appointed for the adjourned meeting, the com- 
missioners shall meet and examine the map and report of the engineer, 
if any engineer sha'l have been employed, and said commissioners shall 
have power to change the boundaries of such proposed district from the 
boundaries given in petition, so as to take in land not embraced, or ex- 
clude lands taken into said proposed district, and shall permit additional 
signatures to be made to the petition by any adult person or persons 
owning land in, or owning land desired to be taken into such proposed 
district, to the end that a majority of the adult owners of land in the 
district as finally to be organized, and who shall be the owners in the 
aggregate of more than one-third (^) of such land, or by the owners of 
the major part of the land, and who constitute one-third or more of the 
owners of land in the proposed district, shall have signed the petition, 
which facts said commissioners shall find and put such finding in writing, 
and the same shall be filed and the clerk shall enter the same in 
his record, which finding shall be conclusive. And said commission- 
ers may adjourn the meeting provided for in this section, not 
less than five (5) days at a time, and not more than fifteen (15) days 
in all, for the purpose of making the necessary examinations and find- 
ings, and shall publicly announce the time and place they so adjourned ; 
and if, from their own examination, and said map and report, if any 
there be, it shall appear that the lands included in the proposed district 
will be benefited for agricultural and sanitary purposes by the construc- 
tion of a drain, or a combined system of drainage, they shall so find, 
unless they shall find, from the evidence of witnesses then introduced, 
that the cost of the proposed work will exceed the benefits to be derived 
therefrom. And should they find in favor of the petitioners, or should 
a two-thirds (§) majority of the owners of land owning more than one- 
half (-J) of the lands Jying in said proposed district still desire the form- 
ation of said district, and such desire shall be evinced by a failure to 
withdraw their signatures from the petition, the commissioners shall 
enter on record an order in writing organizing said drainage district, 
and such district shall thereupon be declared fully organized. Each 
district shall be designated by a number, as Drainage district 

No , in township, county, and 

State of Illinois. And when the commissioners shall have organized 
said district, they shall cause a map thereof, showing the boundaries 
thereof, to be made, and the same shall be filed with the other papers in 
the case. The signing of any petition referred to in this act shall be 
taken as conclusive against the person so signing that they have accepted 
the provisions of this act as to their assessments of benefits and damages 
thereunder. 



DRAINAGE. S3 



§ 16. In case the drainage prayed for embraces tbe lands of two 
parties only, the commissioners shall hold their first meeting on or near 
the lands in question, and they shall proceed to view the same, hearing 
the proofs and allegations of the parties on the merits of the case. If an 
-adjournment be necessary to employ an engineer, or for other good 
cause, the adjournments shall not in all exceed ten days. If the com- 
missioners shall decide in favor of drainage, they shall fix the bound- 
aries of the drainage district to embrace such divisions or subdivisions 
•of land of each party as will be benefited by the proposed drainage. 

§ 17. Upon tbe organization of a drainage district, the commission- 
ers shaH go upon the land and determine upon a system of drainage, 
which shall provide main outlets of ample capacity for the waters of the 
district, having in view the future contingencies, as well as the present. 
Preference shall be given to tile drains whenever these will accomplish 
the purpose, and when open drains are deemed necessary, if it be prac- 
tical)' e, these shall follow boundary lines, and parallels or right angles as 
the case may be, provided the drainage shall not be impaired thereby. 
Unless the district is small, and the plans are manifestly of easy deter- 
mination, a competent engineer shall be employed to locate and advise 
upon the character of the work to be done, and report in writing, with 
maps, profiles and estimates of cost, and in a general way, the benefits to 
-accrue to the lands in the several localities of the district. The maps and 
papers showing the final determination, as to the system of drainage, 
shall be filed in the clerk's office and be recorded in the drainage record. 

§ 18. The commissioners shall then proceed to procure the right of 
way for said work from the owners of the land upon which the same may 
pass, so far as they can do so by agreement with said owners, which re- 
lease or releases of right of way shall be in writing, and shall be a per- 
petual bar to all claims for damages by the grantor or grantors, or their 
assigns, on account of the construction- of such work. Such release or 
releases shall be filed in the town clerk's office, and recorded in the 
-drainage record : Provided, that should the commissioners be compelled 
to pay damages for the right of way in any lands over which any work 
may run, by virtue of the finding of a jury ca'led to assess damages, as 
hereinafter provided, that then and in that case they shall allow damages 
equitably to other owners of lands through which such work may be 
located, notwithstanding such owners may have released such right of 
way without adequate compensation. 

§ 19. Should the commissioners be unaVe to procure the right 
of way by agreement with the owner or owners of any lands over 
which the work may be located, they shall file a statement in writing 
with some justice of the peace in the vicinity, requesting him to issue a 
■venire for a jury, to assess the damages in such case or cases ; and it shall 
thereupon be the duty of the justice to issue a venire for a jury of six 
(6) disinterested land owners to appear at his office at a day and hour 
therein named, not less than five (5) nor more than fifteen (15) days from 
the filing of such statement with the justice, for the purpose of assess- 
ing the damages in the case or cases mentioned. The justice shall cause 
a notice or notices in writing to be served upon the owner or owners of 
the lands in question, informing him or them of the time and place when 



84 DRAINAGE. 



the said case or cases will be tried. Said notices may be substantially in 
the following form : 

To A. B. : 

You are hereby notified that a jury has been called to meet at my office in 

township, - county, on the day of A. D. 18 — , at o'clock 

M., for the purpose of assessing' damages in t~ie matter of the drainag-e commissioners 

of township, — county, against yon ; when and where youcanappear 

and assert your rights in the premises, if you desire. 

C. S J.P. 

Said notice shall be served by a constable, not less than three (3) days 
before the time fixed for trial, in the same manner and with like effect 
as process in civil cases, and his return thereon shall show the manner 
such service was made, and for such service he shall be allowed the same 
fees as for service of process in civil cases : Provided, that where it 
shall be made to appear that any of such owners are non-resident, or 
unknown, notice of such proceedings shall be given by publication in 
some newspaper published in said county, two (2) successive weeks prior 
to the time of such hearing, which notice shall be substantially in the 
form given above ; and if any such owner shall be a minor, such notice 
shall be served upon him and also upon his guardian, if he shall have 
one who is a resident of said county : Provided, farther, that the com- 
missioners may commence the proceedings in the county Court at any 
term thereof, either of common law or probate. 

§ 20. When the jury shall appear, as provided in the foregoing sec- 
tion, the trial shall be conducted as other cases before a justice of the- 
peace or county court, as the case may be. Either party may have the 
same number of challenges, and for the same causes as in other cases r 
before justices of the peace or the county court, as the case may be, and 
if notice shall not have been given according to law, or for any other 
good cause, the court may continue the case from time to time, till 
proper notice shall have been given, or the case is ready for trial. 
The jury shall hear the evidence offered in the case as to the value 
of the land proposed to be taken, and all damages consequent upon the 
construction of the proposed work, and may go upon the premises for 
the purpose of viewing them ; and they shall return as their verdict the 
amount of damages found, if any, in favor of the owner or owners and 
against the commissioners, and the justice of the peace or county judge 
shall enter judgment for the amount of such verdict, which judgment 
shall be final and conclusive. Vacancies in the panel of jurors, from 
whatever cause, shall be rilled the same as vacancies in other cases, but 
vacancies shall, in all cases, be filled by freeholders, and the same jury 
shall hear and determine all cases for which the venire was issued and 
shall return separate verdicts as to each owner or joint owner ; and the 
justice or judge sha'l thereupon file in the office of the clerk of the 
drainage commissioners a certified transcript of the proceedings before 
him in each case, which shall be recorded in the drainage record. 

SPECIAL ASSESSMENTS. 

§ 21. As soon as the plans for the work have been determined, the 
commissioners shall proceed to make special assessments for benefits by 
classifying the lands in the district in tracts of forty acres, more or less, 
according to the legal or recognized subdivisions on a graduated scale, to \ 
be numbered according to the benefits to be received by the contem- 
plated drainage. The tracts of land which will receive most and about 



DRAINAGE. 85 



equal benefits shall be marked one hundred (100), and such as are ad- 
judged to receive less benefits shall be marked with a less number, 
denoting its per cent, of benefit. This classification, when established, 
as hereinafter provided, shall remain as a basis for such levy of taxes as 
may be needed for the lawful and proper purposes of.tbe drainage district. 
In districts heretofore formed, which have made one or more levy of taxes, 
and a new levy is required, the classification of lands on the graduated 
scale shall be made to conform as near as may be to the former propor- 
tionate assessment; but if the commissioners believe, from experience and 
results, that the former assessment was no" fairly adjusted on the several 
tracts of land according to benefits, then the commissioners shall disre- 
gard the proportions of the former assessment and make the new classi- 
fication in accordance with such proportions as should have been made 
originally. When the classification is completed it shall be properly 
tabulated, or shown by a map, or both, and filed in the clerk's office for 
inspection. 

§ 22. When-it shall appear to the commissioners that a drain or ditch 
has been, in whole or in part, previously constructed for the purpose of 
draining or protecting from overflow any land to be affected by the work 
proposed under this act, and such original work can be advantageously 
utilized, they may estimate the value of such old ditch, and allow the 
owner proper credit for the same: Provided, no allowance shall be made 
for any ditch which was constructed out of the swamp and overflowed 
land funds, or other public funds. 

§ 23. The commissioners shall cause to be personally served upon all 
parties owning land to be affected by the projjosed work, or other pro- 
perty liable to be taxed under this act, and residing in the county, a 
written or printed notice of the time when, and place where they will 
meet to hear any and all objections that may be made to the classification 
of lands on the graduated scale, which notice shall be served, in case of 
residents in the county, not less than three (3) days before the time set 
for hearing, by delivering a copy thereof to the party to be served; and 
the commissioners shall cause to be sent by mail such notice to all own- 
ers who do not reside in the county, whose land is to be affected, in case 
their postoffice address is known to the commissioners, or any of them, 
or can be ascertained by use of reasonable diligence; and in case the land 
•of any non-resident is to be affected, then publication shall be made in 
some newspaper published in said county, for three (3) successive weeks 
prior to the time of such hearing, and such meeting to hear objections 
may be adjourned from day to day by public announcement of the com- 
missioners, made at the meeting, until all objections are heard; and all 
persons duly notified of the first day of meeting, as hereinbefore pro- 
vided in this section, shall take cognizance of all such adjournments 
without further notification. The affidavit of any credible person or 
persons, that he has or they have posted such notices hereinbefore re- 
quired, and the certificate of the publishers of such newspaper as to such 
publication, shall be sufficient evidence of such facts. 

§ 24. At the time of meeting for review the commissioners shall hear 
whatever objections may be urged by any person interested, and if satis- 
fied that any injustice has been done in the classification of the several 
tracts of land or any of them, they shall correct the same in accordance 



86 DRAINAGE. 



with what is right; but if not so satisfied, they shall leave the classifica- 
tion as first made, and enter an order to that effect. Any person ap- 
pearing and urging objections, who is not satisfied with the decision of 
the commissioners, may appeal from their decision to three supervisors 
of the county, within ten days after the decision of the commissioners 
was rendered, by filing with the town clerk a bond with security condi- 
tioned to pay such tax as may finally be levied upon the land in ques- 
tion, and the costs occasioned by the appeal, in case the commissioners 
shall be sustained by the board of appeal. 

§ 25. It shall be the duty of the town clerk to summon three super- 
visors of the county living nearest the office of the town clerk, but out- 
side his town, and who are not interested in any lands or work in said 
district, or of kin to any of the parties interested, to meet at his office at 
a time not more than ten days from the filing of the appeal bond, for the 
purpose of hearing any appeal or appeals that may be taken from the 
decision of the commissioners. Should any of said supervisors fail to 
appear at the time named, the clerk may adjourn said meeting for a 
period not exceeding five days, and summon another supervisor or super- 
visors to fill the vacancy or vacancies. Whenever the supervisors sum- 
moned to hear appeals shall all appear as herein provided, it shall be the 
duty of the town clerk to lay before them the classification as deter- 
mined by the drainage commissioners, and they shall examine the same, 
and hear allegations and testimony in opposition and support of the same, 
and may, if they deem it necessary, visit the district and view the lands. 
If they find the tracts of lands in question are marked too high or too 
low in the classification, they shall correct the errors; but if no injustice 
has been done, they shall confirm the classification as made by the com- 
missioners. Their final determination shall be made in writing, and filed 
with the town clerk. The classification, when established as herein j)ro- 
vided, shall be recorded with other papers on the drainage record, and 
shall be conclusive. 

§ 26. The commissioners by resolution shall order such amount of 
money to be raised by special assessment upon the lands of the 
district as may be necessary, and such amount shall be apportioned 
among the several tracts in the name of the owner when known, 
according to acreage of each and its figure of classification on the 
graduated scale, so that each tract may bear its equal burden in propor- 
tion to benefits. They shall make out a special assessment roll, herein- 
after designated tax list, setting down in separate columns the owners' 
names, when known, and when unknown, stating unknown, a description 
of the land, the number denoting the classification, the tax, the damages 
allowed, if any, or any other credit to be given to the owner. The 
balance of tax over credits or of damages or other credits over the tax, 
showing the amount due to the district by each land owner on the 
separate tracts, or, due to the land owner by the district, shall be set 
down in final columns. When completed the list shall be filed with the- 
town clerk. The tax list may be substantially as follows : 



DRAINAGE. 



" Special Assessment Tax List of— (here insert name of District.) 



Owners' 
Name. 


Description of 
Land. 


^3 
5 ° 

(3D 

a 
so a 

5 - 

gq 

■ 03 

5 




p 

X 
» 




1-3 
o 

p 
o 
cd 
& 

rt- 

CO 


t 
e-r 
O 


C3 

5. 
p 

o 

05 


c 

o 

03 


W 

p 
p 

3 
O 

CD 


Remarks. 




Sec. Tp. 


R. 


Acs. 


; 9=1 

'• 2 i 


: 


': 


















Dol. 


Cts. 


Dol. 


Cts. 


Dol 


Cts. 


Dol 


Cts. 
















































1 

















APPEAL TO COUNTY COURT. 



• § 27. Any party against whose land a tax has been thus levied, may, 
within ten days after the list has been deposited with the town clerk, 
appeal to the county court by filing a bond in double the amount of tax 
appealed from in the county clerk's office, but the appeal shall be upon 
the ground only that such tax is a greater amount than the benefits to 
accrue to the land in question by the proposed drainage. Appeals taken 
to the county court, under the provisions of this act, may be heard at 
any term thereof: Provided, ten days has intervened from the time of 
taking such appeal and the first day of the term, and if not ten days, 
then such appeal shall be heard at the next term, and trial shall be con- 
ducted as in other cases of appeals. If the court finds that the tax ex- 
ceeds the benefits to accrue, the court shall modify the same, so as to 
make it equal to the benefits, and the costs may be appoi*tioned by the 
court in its discretion: Provided, that in any proceedings under this 
act, where the costs have been unnecessarily or improperly made, such 
costs may be adjudged against the party making the same, but the tak- 
ing of any appeal by any person or persons, as herein provided, shall 
not operate to delay the collection of any tax from which no appeal has 
been taken, nor delay the progress of the work. 

§ 28. The taking of any appeal by any person or persons, as herein 
provided, shall not operate to delay the collection of any tax from which 
no appeal has been taken, nor delay the progress of the work. 

§ 29. It shall be competent for the commissioners to order the tax to 
be paid in installments of such amounts and at such times as will be con- 
venient for the accomplishment of the proposed work ; otherwise, the 
whole amount of such tax shall be payable immediately upon such con- 
firmation, and shall be a lien upon the lands assessed until paid ; and 
such taxes shall draw interest at the rate of eight (8) per cent, per 
annum from the time they shall become payable till they are paid, and 
such interest may be collected and enforced as part of the taxes. 

§ 30. Immediately after the commissioners shall have filed their 
tax list, the clerk shall make out and certify to the treasurer a copy of 
said tax list ; and the said treasurer shall execute bond to the People of 
the State of Illinois for the use of all persons interested, in a sum not 
less than twice the amount of taxes levied, conditioned for the faithful 
performance of his duties as treasurer of said drainage district, and that 



88 DRAINAGE. 



he will faithfully account for all money that, hy virtue of said office, 
shall come to his hands. Such bond shall be with such sureties as may 
be approved by the commissioners, and said bond shall be kept and pre- 
served in the town clerk's office. In case the supervisor shall fail to 
give such bond, as treasurer, the commissioner may appoint a treasurer 
until the supervisor or his successor shall give such bond. 

§ 31. It shall be the duty of the treasurer of every drainage district 
to keep, in proper books to be furnished him by the commissioners, an 
accurate account of all moneys received by him and all disbursements of 
the same. He shall pay out no money except upon the order of a major- 
ity of the commissioners, and he shall carefully preserve on file all 
orders for the payment of money, and as often as required by a major- 
ity of the commissioners, shall render a correct account to them of all 
matters pertaining to his office, with the vouchers and other papers and 
records in his possession as such treasurer, verifying the same, and he 
shall turn over all books, papers, vouchers, money and property belong- 
ing to and in his hands or under his control as such treasurer, to his 
successor in office, and the commissioners shall have the right to examine 
the same at all times. 

§ 32. It shall be the duty of the treasurer of each and every drainage 
district, heretofore or hereafter organized, to make out a certified list 
of all delinquent lands upon which the tax or any installment or any 
part thereof remains unpaid, and the same shall be by him, on or before 
the 10th day of March next after the same has become due, returned to 
the county collector of the county or counties in which such land shall 
lie. And it shall be the duty of the collector to whom such return is 
made, to transfer the amount thereof, from such return, to the tax books 
in his hands, setting down therein, opposite the respective tracts or lots, 
in proper columns prepared for that purpose, the amount thereof against 
each tract or lot, and the like proceedings shall be had, and with like 
force and effect, in the collection of such delinquent tax or installment, 
and the sale of said lands for the non-payment thereof, as in ordinary 
collections of State and county taxes and the sales of real estate by them, 
for such non-payment and of redemption from such sales. At the sale 
of lands for any delinquent drainage assessment or tax, the commis- 
sioners may become the purchasers or may designate or appoint some 
person to attend and bid at such sale on behalf of said district. 

§ 33. When the certified list of such delinquent lands has come into 
the hands of the county collector, the said collector, unless he is the 
treasurer of the district, shall execute to the drainage commissioners for 
the use of said district a bond in a sum not less than double the amount 
of the delinquency as shown by said list, conditioned for the faithful 
performance of his duties as collector of said delinquency, and that he 
will faithfully account for all moneys that shall come into his hands by 
reason of the delinquent tax or installments, which bond shall be, with 
such securities as- may be approved by the commissioners, filed in the 
clerk's office, and recorded in the drainage record. Notwithstanding the 
return of such delinquent list the treasurer of the drainage district may 
receive payment of any such delinquent assessment or tax, interest and 
costs, and receipt for the same, but shall keep a memorandum thereof, 
and on or before the day of sale fixed by the county collector for sale of 
lands for non-payment of taxes, shall present said memorandum or list 



DRAINAGE. 89 



to the county collector, for the purpose of having the same checked or 
marked paid on the delinquent list in his hands; and all amounts col- 
lected by the county collector by sale or otherwise, after deducting his 
fees, shall be paid over tp the treasurer of said drainage district, except 
as otherwise provided herein. 

§ 34. The said commissioners, when they have procured the right of 
way for the proposed work, may divide the ditch or ditches into sections 
a quarter of a mile in length, except the remainder or remainders, 
after taking out as many full sections as the work contains, which re- 
mainder or remainders may be let with the adjoining section, or separ- 
ately, as the commissioners may think best ; or they may let the entire 
work in one or more contract : Provided, that in case the work is on the 
farms or lands of two parties only, the amount on each shall be let separ- 
ately, and the owners of the land shall have the preference, where the 
bids are equal, to construct that part belonging to his own land, and this 
rule may be applied to a larger number, if the commissioners shall 
unanimously agree to the same. 

§ 35. As soon as practicable the commissioners shall cause notice 
to be given of the time and place of the letting, and of the kind 
and amount of work to be done, and where plans of the same may 
be seen, by publication for twenty days in some newspaper printed 
or published in said county. Said bids shall be under seal, and the 
commissioners may reject- any and all bids, and may continue the 
letting from time to time, if, in their judgment, the same be neces- 
sary. If the cost of the entire work • will not exceed five hundred 
dollars ($500), the commissioners shall let the same at such time 
' and in such manner as they may think best. Said commissioners 
shall not, during their term of office, be interested, directly or indi- 
rectly, in any contract for the construction, repair or maintenance of any 
work in such drainage district, nor in the wages nor supplies to men or 
teams employed on any work under their jurisdiction. Any person or 
persons taking any work under contract shall, on the completion thereof, 
according to contract, be paid for such work by the treasurer, upon the 
order of the commissioners. If any person or persons to whom any 
portion of said work shall be let as aforesaid, shall fail to perform such 
work, the same shall be re-let in such manner as the commissioners may 
think best. 

§ 36. In case any person from whom taxes are due contract-? to do 
any work, and said work is done according to contract, the comnission- 
ers shall give said person a receipt for so much of said tax as said work 
amounts to, and said receipt may be received by the treasurer as pay- 
ment of so much of said tax. 

§ 37. All excess, if any, of allowances for right of way and damages 
over the amount of tax against the same person, shall be paid or ten- 
dered to the owners thereof, before the commissioners shall be author- 
ized to enter upon said lands for the construction of any work thereon; 
in case the owner is unknown, or there shall be a contest in regard to the 
ownership of the land, or the commissioners cannot, for any reason, 
safely pay the same to the owner, they may deposit the same with the 
clerk of the county court, and the court may order the payment thereof 
to such party as shall appear to be entitled to the same. 



90 DRAINAGE. 



§ 38. The commissioners may use money belonging to the district 
for the purpose of compromising suits and controversies arising under 
this act, and in employment of all necessary agents and attorneys in the 
prosecution or defense of said operations, and to pay all necessary em- 
ployes: Provided, the acts of the commissioners shall be uniform as to- 
the rights of all persons and property. 

§ 39. The commissioners may authorize any employes to go upon 
the lands lying within said district, for the purpose of examining the 
sime and making surveys; and after payment or tender of compensation 
allowed, may authorize all contractors, with their servants, teams, tools, 
instruments, or other equipments, to enter for the purpose of construct- 
ing such proposed work, and may ever thereafter enter upon -said lands 
as aforesaid, for the purpose of maintaining or repairing such work, 
doing no more damage than the necessity of the occasion may require; 
and any person who shall willfully prohibit or prevent any of the afore- 
said persons from entering such lands for the purpose aforesaid, shall be 
fined in a sum not to exceed twenty-five dollars ($25) per day, for such 
hindrance, to be collected as other fines. 

§ 40. The commissioners shall have the right to use any part of the 
right of way of any public highway for the purposes of the work to be 
done, provided such use will not permanently destroy or materially im- 
pair such public highway for public use; and if in the construction of 
said work any public highway or railroad or any part of the same will 
be benefited, the commissioners may assess to such public road or 
railroad s-uch sum or sums as will be just and equitable for such public 
road or railroad to pay in proportion to the benefits received; which 
shall be determined by estimating the amount of benefits to the entire 
district, including the benefits to such railroad or public road, and also 
the benefit to the railroad or the public road; then the fractional figures 
expressing the ratio between the sum of the benefits for the whole dis- 
trict, and the sum found to be the benefit to the railroad or public road, 
shall express the proportional part of the corporate taxes of the district 
to be paid by such railroad or public road, as the case may be. Such 
proportional classification shall be subject to like review and appeals as 
is provided for individual land owners. The amount of such road tax 
shall be paid out of the road and bridge tax of the town or district in 
which the public highway or part benefited lies. 

§ 40-J. The commissioners shall have the power and are required to 
make all necessary bridges and culverts along or across any public 
highway or railroad which may be deemed necessary for the use or pro- 
tection of the work, and the cost of the same shall be paid out of the 
road and bridge tax, or by the railroad company as the case may be: 
Provided, however, notice shall first be given to the road or railroad 
authorities to build or construct such bridge or culvert, and they shall 
have thirty days in which to build or construct the same; such bridges 
or culverts shall in all cases be constructed so as not to interfere with 
the free flow of water through the drains of the district. Should any 
railroad company refuse or neglect to build or construct any bridge or 
culvert as herein required, the commissioners constructing the same may 
recover the cost and expenses therefor in a suit against said company be- 
fore any justice of the peace or any court having jurisdiction, and rea- 
sonable attorney's fees may be recovered as part of the costs. The proper 



DRAINAGE, 91 



authorities of any public road or railroad shall have the right of appeal 
the same as provided for individual land owners. 

§ 41. After the completion of the work the commissioners shall 
thereafter keep the same in repair; and if they find by reason of error 
in locating or constructing the ditches, or any of them, or from other 
causes, the lands of the district are not drained or protected as contem- 
plated, or some of them receive but partial or no benefit, they shall use 
the corporate funds of the district to carry out the original purpose, to 
the end that all lands so far as practicable shall receive their proper and 
equal benefits as contemplated when the lands were classified. If it be 
necessary to clear and enlarge natural or artificial channels lying be- 
yond the boundaries of the district to obtain a proper outlet, the com- 
missioners shall use the corporate funds for this purpose, and if the 
necessary privileges cannot be obtained for this by agreement, the com- 
missioners may acquire the same by condemnation under the act for 
exercising the right of eminent domain: Provided, in all such cases if 
sufficient funds are not on hand the commissioners shall make a new tax 
levy. 

§ 42. Nothing in this act shall be construed to forbid land owners 
within the district to more completely drain their lands by using the 
common drains as outlets to lateral drains; and the owners of laud 
outside the drainage district, or another drainage district, may con- 
nect with the ditches of the district already made, by the payment 
of such amount as they would have been assessed if originally included 
in the district ; or if such connection shall by increase of water require 
an enlargement of the district ditches, then the outside owners of land 
so connecting, or other drainage district as may be, shall pay the cost of 
such enlargement. If individual land owners outside the district have 
or shall so connect, they shall be deemed to have voluntarily applied to 
be included in the district, and their lands benefited by such drainage 
shall be treated, classified and taxed like other lands within the district. 
Drainage contmissioners may at any time enlarge the boundaries of their 
district by attaching new areas of land which are involved in the same 
system of drainage, and require for outlets the drains of the district 
made or proposed to be made, as the case may be, on the petition of as 
great a proportion of the land owners of the district so enlai'ged as is re- 
quired for an original district. All changes thus made in the district 
shall be duly noted and shown upon the map and recorded in the drain- 
age record. The commissioners shall proceed to classify the lands thus 
added to the district, and such lands shall be classified and assessed or 
taxed with their fair proportion of the costs of the work done or to be 
done in like manner and upon the same basis as it would have been 
made had the new area been included in the district at its organization. 

§ 43. Sub-districts may be formed by owners of land in main dis- 
tricts for the purpose of local or more minute drainage, in the manner 
provided in this act for the organization of main districts. Such sub- 
districts shall have the right to use the ditches of the main district for 
outlets, or, in drainage districts organized or proposed to be organized 
which have one or more lateral drains or proposed drains which are in- 
dependent of each other, except as to the main drain or outlet, and which 
do now or will drain separate areas within said district, it shall and may 
be lawful for the commissioners, at their option, to divide the district 



92 DRAINAGE. 



into as many sub-districts as there are separate areas, for the purpose of 
making assessments of benefits for the work to be done in said sub- 
district. The commissioners shall, on making such division, proceed to 
classify the lands therein and make assessments as in original districts, 
and the funds arising therefrom shall be kept as a separate and distinct 
fund to be used in the sub-district from which it was collected : Provided, 
the formation of sub-districts on either method as above provided shall 
not operate to release the lands in such sub-district from the payment of 
any assessment or levy made prior to such division, nor from any assess- 
ment or tax levy which may thereafter be made for the completion, main- 
tenance or repair of the main work, or for payment of the principal and 
interest on any indebtedness incurred by the main district, nor shall it 
give such sub-district any claim upon the funds of the main district for 
its local use. 

§ 44. Any person who shall wrongfully and purposely fill up, cut, in- 
jure, destroy, or in any manner impair the usefulness of any drain, ditch, 
or other work constructed, established, or belonging to any drainage 
district for the purpose of drainage or protection against overflow, may 
be fined in any sum not exceeding two hundred dollars, to be re- 
covered before a justice of the peace in the proper county. All com- 
plaints under this section shall be in the name of the People of 
the State of Illinois, and all fines, when collected, shall be paid over to 
the proper commissioners, to be used for the work so injured, and in 
addition to these penalties, the person so wrongfully or purposely 
filling, or in any manner impairing the usefulness of any such drain or 
drains, or other work, shall be liable to the commissioners having charge 
thereof for all damages occasioned to such work, and to the owners and 
occupants of land for all damages that may result to them by such 
wrongful act, which may be recovered before a justice of the peace, if 
within his jurisdiction, or before any court of competent jurisdiction. 

§ 45. Whenever an owner or occupant of land in a drainage district 
shall permit animals to pasture in an enclosed field through which runs 
an open ditch, which ditch is a part of a combined system of drainage, 
said owner or occupant shall repair such damage to the ditch as may be 
made by the animals, .and if he neglects to do so, the commissioners shall 
make such repairs and require the said owner or occupant to pay the 
amount of the expense of such repairs to the treasurer of the district, 
and in case such owner or occupant shall neglect or refuse to pay such 
amount for ten days after such requirement is made in writing, then said 
commissioners shall proceed to collect the same by a suit in law in the 
name of such district before any court having jurisdiction. 

§ 46. For a failure to perform any of the duties imposed upon them 
by the provisions of this act, the commissioners so failing shall individ- 
ually, upon comj)]aint made under oath by any person who has paid a 
tax for the construction, maintenance or repair of such work, be liable 
to a fine not exceeding one hundred dollars ($100), to be recovered in an 
action in the name of the People of the State of Illinois, for the use of 
the district interested, before any justice of the peace of the county, and 
all fines, when collected, shall be paid to the treasurer of the district, 
and be liable to the person injured by such neg'ect of duty, for all 
damages resulting to the person complaining. 



DRAIXAGE. 93 



§ 47. The drainage commissioners shall make annual reports of their 
acts and doings as such commissioners, and tile the same with the clerk 
of their respective districts on or before the first day of November of 
each year, which report shall contain a statement of the kind, character 
and amount of work performed in the district, the cost of the same, the 
amount of orders issued, the amount of orders outstanding and unpaid, 
and such facts as may be of general or special interest or benefit to the 
land owners in the district. It shall also be the duty of the treasurer to 
make annual reports and present the same to the commissioners on or 
before the 30th day of October of each year, which report shall contain 
a statement of all moneys received and from what source, and of all 
moneys paid out, on what account paid, and the date, number and amount 
of all orders paid, and such other facts as the commissioners may require, 
which report shall be by the commissioners filed with their report in 
the clerk's office, and thereupon the clerk shall record said reports in the 
drainage record, and shall also cause the same to be published in some 
newspaper or newspapers in the county or counties in which the district 
or any part thereof lies. 

UNION DISTRICTS. 

§ 48. When the lands proposed to be organized into a drainage dis- 
trict lie in two towns in the same or in different counties, both under 

township organization, such district shall be designated as 

Union District No , of the towns of , county 

of , State of Illinois. The petition shall be filed with the 

clerk of the town in which the greater part of the district lies, and such 
clerk shall select three commissioners for said district from the commis- 
sioners of highways of the two towns, taking a part from each town, to 
constitute the drainage commissioners for the union district and the 
clerk shall notify each of them of their selection and of the time when 
they shall meet at his office as provided in section twelve (12) of this 
act, or to meet as provided in section sixteen, as the case may be.' The 
clerk and commissioners shall have like powers and duties as provided 
for such officers in districts wholly in one town: Provided, hoioever, if 
such district lies partly in two counties, the delinquent tax shall be made 
separately for such parts as lie in each, and be returned to the collector 
of the proper county. 

SPECIAL DRAINAGE DISTRICTS. 

§ 49. When the proposed district lies in three or more towns in the 
"same or different counties, or in a county not under township organiza- 
tion, or partly in a county under township organization, and partly in a 
county not under township organization, the petition as provided in sec- 
tion 11 shall be presented to the county court of that county in which the 
greater part of the lands of the district shall lie, and be accompanied by 
a bond signed by at least three responsible persons, conditioned for the 
payment of all costs to the officers of the court or accruing to other par- 
ties by virtue of the proceedings in case such district be not established, 
the bond to be approved by the clerk or county judge. Such districts 

when formed shall be known as special drainage district 

in county (or counties) and State of Illinois. 

§ 50. It shall be the duty of the clerk of said court to give notice by 
posting notices in at least five public places in each township in which 



94 DRAIXAGE. 



said proposed district or any part thereof shall lie, also by publishing 
for three successive weeks a like notice in some weekly newspaper in 
said county or counties, which said notice shall contain a copy of the 
petition, and state the day of the term of court when such petition and 
all parties interested will be heard. The petition may be heard on any 
day of a probate or common law term of court, not less than twenty days 
from the filing of said petition. The posting and first publication of said 
notices shall be at least twenty days before the hearing of said petition, 
and it shall be the duty of the clerk of said court to mail, at least ten 
days before the time fixed for the hearing of said petition, a copy of 
suoh notice to each person owning lands in said district, whose name, 
or postoffice address, or place of residence is given, and whose name 
•does not appear signed to said petition; and the clerk shall, on or 
before the time fixed for such hearing, file the publisher's certificate 
of publication, together with his certificate of the mailing of such 
notices, giving the name of each person to whom notice was sent, also 
of the posting of the notices in each township, if the same, or any part 
•of said notices, are posted by him, and the affidavit of all persons posting 
such notices, or any of them, which certificates and affidavits shall be 
evidence of the facts therein stated. 

§ 51. It shall be the duty of the said court, at the time set for such 
hearing, to examine said petition, and if the court shall find, upon ex- 
amination, that it is signed and that notice has been given as required 
herein, the court shall so find. The affidavits of three (3) credible 
signers of such petition, that they are acquainted with the locality, and 
that they verily believe that such petition is signed as required, shall be 
taken as prima facie evidence of such facts against all persons owning 
lands therein, and as conclusive evidence against all signers of such 
petition, of the facts therein stated, and that they admit the necessity of 
organization under the provisions of this act, and for the assessment of 
benefits and damages hereunder. At such meetings, any other owner or 
owners of land within said district shall be permitted to place his, her or 
their names on said petition, if they so desire. Any person owning 
land in said district, whose name is not on said petition, may, at said 
time and place, appear and controvert any material statements in said 
petition. And for the purpose of such hearing, and of publishing, 
posting and mailing of notices, the court shall have power to examine 
witnesses produced before it, and may continue the hearing from time 
to time, until all matters are heard and determined by the court. 

§ 52. Should the court find against the petitioners, it shall enter an 
order to that effect, and the petition shall thereupon be dismissed at the 
cost of the petitioners; should the court find in favor of the petitioners, it 
shall enter an order to that effect, and it shall thereupon be the duty of the 
court to appoint three drainage commissionei*s for said district, who shall 
at once proceed to the examination of the lands in said proposed district; 
said commissioners shall go upon the land included in said proposed dis- 
trict, and personally examine the same; they shall have power to employ a 
competent civil engineer, if, in their opinion, the services of an engineer 
be necessary, who shall make such surveys and estimates as said com- 
missioners may direct, and shall, if required by said commissioners, 
make and return to them a map, or plat, of his surveys, and a full 
report of all estimates required of him. Said commissioners shall make 
out and file with the c^rk of the court a full report of their acts and 



DRAINAGE. 95 



doings as such commissioners, together with all maps, plats, surveys and 
estimates made, or caused to be made by them, or the engineer employed 
by them, and may put into said report any recommendation they may 
deem advisable, which report shall be signed by the commissioners, and 
filed as aforesaid, on or before the time fixed by the court for the hearing 
to complete the organization of said district or such further time as the 
court may give for the filing of the same. It shall be the duty of the 
<3ourt at the time of the appointment of said commissioners to fix the 
time for the hearing of said commissioners' report as aforesaid, and to 
complete the organization of said district, and no further notice thereof 
shall be required, and said commissioners shall then appear before 
said court and file their report, with all maps, plats, surveys and esti- 
mates, if the same has not been previously filed in said court. The time 
fixed by the court for such hearing shall not be more than thirty days 
subsequent to the date of the appointment of said commissioners. At 
the time fixed for the said hearing, if the commissioners have not com- 
pleted their estimates, or for other cause have not their report completed, 
the court may continue the hearing to such further time as will enable 
the commissioners to complete their work and file their report and 
other papers as herein required. At the time fixed by the court for the 
hearing on the report of the commissioners, and to complete the organi- 
zation of said district, or at the time to which such hearing was con- 
tinued, any. owner of lands in said proposed district may appear in per- 
son or by attorney, and persons under guardianship by their guardians, 
and the court shall appoint a guardian ad litem, as in other civil pro- 
ceedings, and be heard upon any and all questions, matters and things 
touching said report, and the organization of said district, and the court 
shall hear the testimony of all witnesses then introduced ; and if it shall 
appear to the court that the lands included in the proposed district will 
be benefited for agricultural and sanitary purposes, the court shall so 
find and enter an order declaring such district organized, unless the court 
shall find, from the evidence introduced on such hearing, that the cost of 
the proposed work will exceed the benefits to be derived therefrom. In 
which case the court shall so find, and enter an order to that effect, and 
dismiss the petition : Provided, hoviever, if the owners of lands lying 
in said district, who own in the aggregate more than one-half of the land 
lying therein, still desire the formation of said district and such desire 
shall be evidenced by a failure to withdraw their signatures from the 
petition, the court shall enter an order declaring said district organized, 
and the clerk shall enter the same of record, and the district shall there- 
upon be deemed fully organized, and shall be known and designated as 

"The special drainage district in the county (or counties) of 

and State of Illinois." The commissioners shall be the corporate 
authorities thereof, and shall be a body politic and corporate, with like 
powers as herein conferred upon other drainage commissioners either by 
this act or other laws of this State ; may sue and be sued, plead and be 
impleaded in their corporate name and capacity, which shall be : "The 

commissioners of the special drainage district in the county (or 

counties) of , and State of Illinois." 

§ 53. As soon as a special drainage district has been organized, con- 
taining fifteen (15) or more land owners, it shall be the duty of the 
-county clerk of the county in which the proceedings are instituted, who 
shall be ex-officio clerk of the commissioners of said district, to give notice 



96 DRAINAGE. 



by posting written or printed notices in at least five public places in or 
near said district, that on a day and place therein named, and at an hour 
not later than two (2) o'clock P. M., and not less than ten (10) days from 
the date of notice, an election will be held, for the purpose of electing 
three (3) drainage commissioners for said district. 

§ 54. In all elections held for the election of drainage commissioners, 
the drainage commissioners then in office shall be the judges of election, 
and in the absence or refusal of any of them to act, the voters present 
may choose a person or persons to fill the vacancy or vacancies. The 
judges shall choose one of their number to act as clerk. Every adult 
owner of land in the said district, whether residing within or without 
said district, shall be a voter, and if a resident of the county in which 
such district, or any part thereof, lies, eligible to the office of drainage 
commissioner. The election shall close at four o'clock P. M., unless the 
judges of election shall determine to hold the polls open longer, but not 
later than six (6) o'clock P. M., to accommodate the voters. At the c'ose 
of the election, the judges of election shall canvass the votes, and the 
three persons, or so many as there are vacancies to be filled, having the 
highest number of votes, shall be declared elected. In case of a tie, the 
judges shall determine, by lot, who is elected, and they shall also deter- 
mine, by lot, at the first election, their respective terms of office, one of 
whom shall serve for one year, one for two years and one for three years, 
or such parts thereof as may expire upon the election of their successors, 
respective'y, at the annual meeting, which shall be held each year on the 
third Tuesday of November, when there shall be elected one drainage 
commissioner, to hold his office for three years, and until his successor is 
chosen and qualified. In case of a vacancy in the office, from resigna- 
tion, death, removal or refusal to serve, the commissioners in office shall 
fill the vacancy by appointment, until such vacancy shall be filled at an 
annual election. Within five (5) days after every election of drainage 
commissioners, the judges of election shall cause the poll book to be de- 
livered to the county clerk aforesaid, with a certificate therein showing 
the names of those elected drainage commissioners, and the terms of 
each, which poll book shall be filed by the clerk, and be evidence of 
such election; each commissioner shall, within ten (10) days after his 
election or appointment, take an oath to faithfully discharge the duties 
of his office as such commissioner, which oath shall be signed by him 
and filed in the office ff said clerk. 

§ 55. In all special drainage districts containing less than fifteen (15) 
land owners the court, on the organization of the district, shall appoint 
three drainage commissioners, who shall not be interested in the lands 
or work to be accomplished, nor of kin to any of the parties interested 
therein, one of whom shall hold his office for one year, one for two 
years and one for three years, or such parts thereof as may expire upon 
the appointment of his successor; the term of each to be determined by 
the court by lot, at the time of such appointment; and annually there- 
after, on the first day of the December term of the county court, the 
court shall appoint one commissioner for such district, who shall hold 
his office for three years and until his successor is appointed and quali- 
fied, and the court shall fill by appointment all vacancies in the office of 
commissioner from any cause. 

§ 56. The commissioners, as soon as they are elected or appointed 
and qualified, shall go upon the land included in said drainage district 



DRAINAGE. 



97 



and determine upon a system of drainage, which shall provide 
main out'ets of ample capacity for the waters of the district, having 
in view the future contingencies, as well as the present. A competent 
engineer shall be employed to locate and advise upon the character of 
the work to be done, and report in writing, with maps, profiles and 
estimates of cost, and in a general way, the benefits to accrue to the 
lands in the several localities of the district. They shall make, or cause 
to be made, a map or plat of the district and of the work to be done 
therein, which map shall show with reasonable certainty, the location of 
the proposed work, and they shall give a name or number to each ditch 
or drain. The maps and papers showing the final determination, as to 
the system of drainage, shall be 61ed in the clerk's office and be recorded 
in the drainage record. 

§ 57. The commissioners shall then proceed to procure the right of 
way, where they can do so by agreement, as provided in section 18 of this 
act, which releases shall be filed and recorded in the drainage record, 
Should the commissioners be unable to procure the right of way by 
agreement with the owner or owners of any land on which the work may 
be located, they shall file a petition or statement, in writing, with the 
clerk of the court in which the proceedings are had, requesting the court 
to issue a venire for a jury to assess damages for right of way, and which 
petition or statement shall contain a general description of the lands of 
premises over or through which the right of way is sought, and the name 
of the owner or owners thereof, if known, the general course and direction 
of the right of way sought, and the amount of land proposed to be occu- 
pied by the same. On such petition or statement being filed, the court 
shall fix the time for the hearing not less than fifteen days from the date 
the same is filed, and the clerk shall issue a venire for a jury of tweTve 
disinterested land-owners to appear at the time fixed by the court, which 
venire shall be delivered to the sheriff to execute the same as venires 
from courts of record. It shall also be the duty of the clerk to issue a 
notice or notices to be served upon the owner or owners of the lands 
over which the right of way is thus sought, informing him or them of 
the time and place when said case or cases will be tried, which notice may- 
be substantially in the following form: 

' 'To : You are hereby notified that a jury has been called to meet before the 

county judge of the , county of State of Illinois, at the court 

house in said countv, on the day of A. D. 18...., at... o'clock ... M., 

for the purpose of assessing- damages in the matter of the special drainage district. 

in the county (or counties) of and State of Illinois, when and 

where you can appear and assert your rights, if you desire." 

Which notice shall be signed by the clerk, and attested by his seal of 
office, and may be served by any constable, sheriff or other person, by 
reading the same to the perspn to whom it is addressed, or by delivering 
a copy thereof to such person, or by leaving such copy at his usual place 
of abode, with some person of the family of the age of ten years or up- 
wards, and informing such person of the contents thereof. The services 
of said notices shall be made at least five days before said hearing. If 
the service be made by an officer, the return shall be made as in other 
cases, but if made by any person not an officer, the return shall 
be made under oath, stating when and in what manner served; and 
for all services there shall be allowed the same fees as for services 
of process in civil cases: Provided, that if any of the owner or 
owners are non-residents or unknown, notice of such proceeding shall 

—7 



98 DRAINAGE. 



be given by publication, in some newspaper published in said county, 
two successive weeks prior to the time of such hearing, which notice 
shall be substantially in the form as above given. Minors and their 
guardians shall be notified the same as other owners. 

§ 58. When the jury shall appear, the trial shall be conducted as other 
cases before said court ; either party may have the same number of 
challenges, and for the same causes, as in other civil cases before said 
court. And if notice shall not have been given as herein provided, or 
for any other good cause, the court may continue the case from time to 
time, until proper notice has been given, or the case is ready for trial. 
The jury shall hear the evidence offered as to the value of the land 
proposed to be taken, and all damages consequent upon the construction 
of the proposed work, and may go upon the premises at the request of 
either party, for the purpose of viewing them, and they shall return, as 
their verdict, the amount found, if any, in favor of the owner or owners, 
and against said district, and the court shall enter judgment upon the 
verdict, unless, for good cause shown, the court~~grants a new trial, in 
which case a time for such new hearing shall be fixed by court, and a 
new jury shall be empaneled ; the judgment shall be final and conclu- 
sive. Vacancies in the panel of jurors, from whatever cause, shall be 
filled the same as other vacancies in other cases, but such vacancies shall 
be filled by land-owners. The owners of different tracts of land, 
whether they be joint or several owners, may be joined in the same 
petition or statement, and the jury shall hear and determine all cases for 
which the venire was issued, except when some one or more of the same 
have been settled, or the proceedings in reference thereto are deter- 
mined. They shall return in their verdicts the amount allowed, if any, 
to each owner or joint owner, and in case they are unable to agree as to 
any one or more of the cases submitted to them, the court shall receive 
their verdict in the case or cases in which they do agree, upon which 
judgment shall be rendered as hereinbefore provided, and a new jury 
shall be called to hear and determine the case or cases in which the 
former jury failed to agree, and the court shall fix the time for such 
hearing by an order entered of record, which shall be conducted and 
tried as new trials in other cases, but may be heard at the same, or a 
subsequent term of the court. The court shall allow amendments to the 
petition, or other papers or records in the proceedings, at anytime 
before rendering judgment. 

§ 59. At the earliest practicable day the commissioners shall proceed 
to make a special assessment of benefits, as provided in sections 21 and 
22 of this act, so that each tract benefited shall bear its proportionate 
share of the entire costs and expenses of such work and proceedings. 

§ 60. They shall without delay make out and file in the office of the 
clerk of said court the table or map, either or both, showing the classi- 
fication of the lands and premises in said district, the names of the 
owners thereof if known, and when unknown stating "unknown," and 
they may attach to the same a statement of damages allowed, to- 
gether with any statement or explanation they may think proper or 
necessary to a full understanding thereof by all persons. Said commis- 
sioners shall fix the time, not less than fifteen (15) days from the filing 
thereof, when they will meet to hear any and all objections that may be 



DRAINAGE. 99 



made to their classification, which meeting shall be at the court house of 
the county in which the district was organized, unless the commissioners 
shal 1 , for the convenience of persons interested, designate some other 
place ; and it shall thereupon be the duty of said clerk to issue notice or 
notices of the time and place of such meeting, which notice or notices 
may be in substance as follows: 

"To whom it may concern: You are hereby notified that the commissioners of the 

special drainage district, in the county (or counties, as the case may be) of 

and State of Illinois, have filed theif classification of lands benefited in said district, and that 

'they will, on the day of . A. D. 18 . .., at the hour of o'clock .. M., 

meet at to hear any and all objections that maybe made to the same, when and 

where you can appear and be heard if you see fit. • 

"Dated at county of , State of Illinois, this day of 

18.." 

Which notice shall be signed by said clerk, and shall be published in 
some newspaper or newspapers printed or published in the county or 
-counties in which the district or any part thereof is located, for two 
successive weeks, the first publication to be at least fifteen (15) days 
prior to the time for such hearing. The commissioners or a majority of 
them shall meet at the time and place fixed for the hearing, and shall 
hear all objections that may be^urged, by any person interested, to their 
classification. They may adjourn from day to day, or from time to time, 
as deemed necessary, by public announcement, until all objections are 
•heard. All persons shall take cognizance of all adjournments without 
further notice. After hearing all objections that may be offered to their 
■classification the commissioners shall, if satisfied that any injustice has 
been done, correct the same in accordance with the rights and justice of 
the matter, which corrections or changes, if any, may be made on the 
table or map, and the commissioners shall thereupon confirm their classi- 
fication ;' but if not so satisfied, they shall confirm their classifications as 
originally made and shall make an order to that effect. All orders made 
by "the commissioners, either of correction or confirmation, shall be filed 
in said clerk's office within five days from the completion of the hearing, 
and any person appearing and urging objections who is not satisfied with 
the decision of the commissioners in confirming the classification of his 
lands, may appeal therefrom, within ten (10) days after the order of the 
•commissioners is filed in said court aforesaid, by filing with the clerk of 
said court an appeal bond with good and sufficient security, to be ap- 
proved by the clerk or judge thereof, payable to said drainage district, 
conditioned for the payment of such tax as may be levied upon the land 
in question and all costs occasioned by said appeal in case said order of 
said commissioners shall be affirmed. 

§ 61. Where the district lies wholly in one county under township 
organization, the appeal shall be taken to three supervisors, as pro- 
vided in sections 24 and 25 of this act; where it lies wholly in a county > 
not under township organization, the appeal shall be taken to the county 
-commissioners ; where it lies in two counties under township organiza- 
tion, all of the supervisors shall not be selected from the same county; 
where it lies in more than two counties under township organization, 
the board of appeal shall consist of one supervisor from each county in 
which any part of the district lies, to be selected by the clerk of the 
commissioners. Where it lies wholly in two counties not under town- 
ship organization, the appeal board shall consist of three of the county 
■commissioners, but not more than two members of such board shall be 
•selected from the same county; where it lies in more than two counties 



100 DRAINAGK. 



not under township organization, one member of the board of appeal 
shall be selected from each county in which the district or any part 
thereof lies, and where it lies partly in a county or counties under town- 
ship organization and partly in a county or counties not under township 
organization, at least one member of the board of appeal shall be selected ' 
by the clerk from each county in which any part of the district lies, and 
shall be a supervisor or one of the officers hereinafter mentioned, as the 
case may be, and the clerk shall summons the members constituting the 
appeal board in the same manner; and the clerk, as also the board of 
appeal, shall have like power, and perform like duties, as near as may 
be, as is provided by section '25 of this act, and the classification, when 
made and confirmed, shall be conclusive, and shall be recorded in the 
drainage record. 

§ 62. As soon as the classification has been corrected and confirmed 
by the commissioners, or board of appeal, as provided in the preceding 
section, it shall be competent for the commissioners to order such 
amount of money to be raised by special assessment upon the lands of 
the district which are benefited as may be necessary, according to the 
best judgment of the commissioners, which amount shall be certified and 
returned by the commissioners to the clerk of said court, who shall re- 
cord the same in the drainage record. The certificate may be substan- 
tially as follows: 

"We hereby certify that we require the sum of dollars tote levied as a 

special assessment or tax for drainag-e purposes on the lands and property benefited in 

the special drainage district, in the county (or counties) of and 

State of Illinois. ,, 

"Given under our hand this day of , 18 

Which certificate shall be signed by the commissioners in their corporate 
name. It shall thereupon be the duty of said clerk to compute and ap- 
portion the amount thus levied among the several tracts, in the name of 
the owners when known, according to acreage of each and its figure of 
classification on the graduated scale, so that each tract may bear its equal 
burden in proportion to benefits. The commissioners shall make out a 
tax list, which shall conform, as near as the facts will admit, to the list 
provided for in section 26 of this act, which list shall be signed by the 
commissioners and filed by the clerk, and any party against whose land 
a tax has been thus ievied may appeal therefrom to the county court in 
the same time and manner and upon the same grounds as provided in 
section 27 of this act. 

§ 63. If at any time the commissioners shall find that the amount of 
such assessment or tax levied will be inadequate to complete the proposed 
work, they shall make such additional levy or levies as may be necessary 
to complete the proposed work, which additional levy or levies shall be 
made on the original classification as herein provided for the first assess- 
ment or tax levy and computed and extended by the c'erk in the same 
manner. Upon any levy being made as herein provided, it shall be com- 
petent for the commissioners to order the tax to be paid in installments 
of such amounts and at such times as will be convenient for the accom- 
plishment of the proposed work; otherwise, the whole amount of such 
tax shall be payable immediately upon such confirmation, and shall be a 
lien upon the lands assessed until paid; and such taxes shall draw interest 
at the rate of eight (S) per cent, per annum from the time they shall 
become payable till they are paid, and such interest may be collected and 



DRAINAGE. 101 



•enforced as part of the taxes: Provided, however, if, in the judgment of 
the commissioners, the payment of said tax, or any installment or install- 
ments thereof, for the speedy completion of the proposed work would be 
too heavy a burden upon the owners and persons interested to pay in 
time to be used for said work, the commissioners may at any time after 
the levy has been made postpone the payment of such tax. or any one or 
more installment or installments, or any part thereof, to such time or 
times as they may think proper and advisable, but not longer than fifteen 
(15) years from the time of the levy thereof. For the construction of the 
proposed work or for the continuation and completion of the same where 
it has been commenced, the commissioners may borrow money not ex- 
ceeding in amount ninety per cent, of any assessment or levy unpaid at 
the time of borrowing, and may secure the payment of the same by notes 
or bonds of said district, bearing interest not to exceed seven (7) per 
cent, per annum. The interest may v be made payable annua 1 ! y or semi- 
annually, which notes or bonds may be made due and payable at the 
same or different times, but shall not run beyond one year after the last 
assessment or levy, on account of which the money is borrowed, fa'lsdue, 
which notes or bonds shall not be held to make the commissioners per- 
sonally liable for the money borrowed, but shall constitute a lien upon 
the assessment or assessments, levy or levies on account of which they 
are issued, for the repayment of the principal and interest thereon. On 
the correction and confirmation of said assessment or levy it shall be the 
duty of the c'erk of said court to record the same, together with all 
orders of the commissioners or court, in the drainage record, and he 
shall make a certified copy of such tax list, the order of the commission- 
ers and court, either or both, correcting and confirming the same, and of 
the order of the commissioners showing how or w s hen the assessment or 
tax for benefits is payable, and deliver the same to the treasurer of said 
district, who shall proceed to collect the taxes or installments as they 
come due. 

§ 64. In any case or cases where the drainage commissioners of any 
special drainage district heretofore organized, or that may be hereafter 
organized under the laws of this State, have, or may, for the purpose of 
constructing or completing the work to such district, issued notes or 
bonds on any assessment or assessments, installment or installments, 
the payment of which, at maturity, would, in the judgment of the com- 
missioners, be an unreasonable burden on the owners of lands assessed, 
said commissioners shall have the right and power to fund such notes or 
bonds, as the case may be, or any part thereof, and issue new notes or 
bonds to the amount of the unpaid assessment or assessments, install- 
ment or installments, upon which such notes or bonds thus outstanding 
were issued, which new notes or bonds may bear interest not to exceed seven 
(7) per cent, per annum. Said commissioners may extend the time for 
the payment of any such assessment or assessments, installment or in- 
stallments, as the case may be, by an order signed by them and filed 
with the clerk thereof, to be by him recorded in the drainage record, and 
a certified copy thereof to be by said clerk delivered to the treasurer of 
said district, which order shall operate to suspend the time for, collection 
until the time fixed in said order of the assessment or assessments, in- 
stallment or installments, named in said order. Such new notes or bonds 
shall run not to exceed one year beyond the time thus fixed for the pay- 
ment of the assessment or assessments, installment or installments upon 



102 DKAIXAGE. 



which the same is, or are, issued. And the old notes or bonds shall be 
taken up and canceled by said commissioners immediately upon issuing 
the new notes or bonds on the same assessment or installment or any 
part thereof. The payment of interest on all notes or bonds shall be 
provided for, collected and paid, as herein provided for the payment of 
interest in other cases. 

§ 65. Whenever a petition signed by a majority in number of the 
adult owners of lands assessed for benefits in any special drainage dis- 
trict heretofore or hereafter organized under any law of this State, and 
who own, in the aggregate, at least one-third of such land, shall be pre- 
sented to the drainage commissioners of such district, representing that 
any assessment or tax has been made against the lands assessed for ben- 
efits for the purpose of constructing the work therein, and that the same 
has been confirmed and is unpaid in whole or in part, and that it would 
promote the interest of the land owners in such district to extend the 
time of the payment thereof or any part of the same, stating what part,, 
and the time or times to which they desire such extension made, but uot 
to exceed ten (10) years from the time the assessment or levy was con- 
firmed, and asking that such extension be made and that bonds of the 
district be issued, not exceeding in amount the amount of the assessment 
levy or part thereof thus sought to be extended, it shall be the duty of 
the commissioners of such district to enter an order extending the time 
of the payment thereof as asked for in said petition, and thereupon it 
shall be competent for said commissioner to issue the bonds of said dis- 
trict to the amount thus extended, which bonds shall bear interest not 
to exceed seven (7) percent, per annum, payable annually or semi-an- 
Eually, and shall be a lien on the assessment levy or part thus extended, 
and shall run not longer than one year beyond the time the same be- 
comes due by said extension. The petition and order of the commision- 
ers shall be filed and recorded in the drainage record, and shall operate 
to stay the collection of the assessment, levy or part thus extended to the 
time fixed by said commissioners, and shall be sufficient authority for 
the issuing of such bonds by the commissioners of such district. No- 
bonds issued under the provisions of this act shall be sold for less than 
their par value. 

§ 66. Before issuing any bonds under the provisions of this act the 
corporate authorities of any district desiring to issue bonds shall pro- 
vide a well bound book, in which a record of all bonds issued, with 
their number, amount, rate of interest, date of issue, when due, where 
payable, amount received for the same and the assessment, tax levy, in- 
stallment or part thereof on account of which the bonds are issued shall 
be made, and said book shall at all times be open to the inspection of 
all parties interested in said district, either as taxpayers or bondho'ders, 
and on the payment of any bond an entry thereof shall be made in said 
book in proper column for that purpose. 

§ 67. On the presentation of any bond, issued under the provisions- 
of this act, at the office of the Auditor of Public Accounts for registra- 
tion, the said Auditor shall cause the same to be registered in his office 
in a book to be kept for that purpose. Such registration shall show the 
date, amount, number, date of maturity, rate of interest, time when 
such interest is payable, and place of payment of the principal and in- 
terest of such bond; under what act, and by what district issued, and the 



DRAINAGE. 103 



name of the person or persons presenting the same for registration; and 
for such registration the Auditor shall be entitled to a fee of twenty-five 
cents. And the Auditor shall, under the seal of his office, certify upon 
such bond the fact of such registration, for which the Auditor shall be 
entitled to a fee of twenty- five cents, such fees to be paid by the person 
or persons desiring such registration and certificate; but no bonds issued 
under this act shall be entitled to registration in the office of the State 
Auditor until a sworn statement by the corporate authorities of the dis- 
trict issuing the bond shall have been filed with him, showing the date of 
the organization of the district, in what county organized, the time when 
the assessment levy or part thereof on account of which the bonds are 
issued will become due, and the date, number, amount, rate of interest, 
and the date of maturity of the bonds, together with any other informa- 
tion in relation thereto which may be demanded by the Auditor of Pub- 
lic Accounts. ) 

§ 68. When any bonds issued under the provisions of this act shall 
be so registered, the Auditor of Public Accounts shall annually ascer- 
tain the amount of interest or interest and principal due and accrued, or 
to accrue for the current year, on all such bonds so registered in his office, 
together with the ordinary cost to the State of the collection and dis- 
bursement of the same, to be estimated by the Auditor and State 
Treasurer, and shall make out and transmit to the county clerk of the 
county in which said district is organized, a certificate setting forth such 
estimated amount of such particular district for such purposes, to be filed 
in his office and recorded in the drainage record, and the amount thereof 
shall thereupon be deemed added to and a part of the amount which may 
be levied or provided by law within the limits of said district for the 
purposes of State revenue; and thereupon it shall be the duty of the 
clerk of said district to compute and apportion the amount so certified 
among the several tracts and property assessed for benefits in such dis- 
trict, in the manner as original levies are computed under this act, and 
thereupon he shall make out a tax list of the lands and property in the 
district, and extend opposite each tract and property its pro rata share 
of the amount so certified by the Auditor, and deliver the same to the 
treasurer of the district. Where the district lies in more than one county, 
the clerk shall make out a separate tax list of the lands and property 
assessed for benefits in each county, showing the pro rata share levied 
against the same separately, and deliver the same to the county clerk of 
the respective counties, and the clerk or clerks of the respective counties 
at the time of making up the tax books and extending State taxes shall 
extend on the tax books, for collection, the pro rata share thus levied,, 
and the same shall be collected with the State taxes, and all laws of this 
State relating to the State revenue shall apply thereto. 

§ 69. The State shall be deemed the custodian, only, of the tax so 
collected, and shall not be deemed in any manner liable on account of 
such bonds, but the tax and funds so collected shall be deemed pledged 
and appropriated to the payment of the principal and interest of the reg- 
istered bonds to satisfy which the same is hereinbefore provided to be 
collected as aforesaid, and such bonds issued under the authority hereof 
shall be deemed secured and provided for in virtue thereof until fully 
satisfied. The State shall annually collect and apply the said fund to 
the satisfaction of the interest or interest and principal, as the case may 



104 DRAINAGE. 



be, of such registered bonds of any such district, and the interest coupons 
or bonds so paid shall be canceled by the State Treasurer and returned 
to the corporate authorities of the district which issued them. 

§ 70. It shall be the duty of the commissioners of every special 
drainage district heretofore organized under any law of this State, as 
• also the commissioners of every such district hereafter organized, to file 
on or before the first day of December of each year, with the county 
clerk of the county in which the district was or may be organized, a 
statement of the date, number and amount of all notes or bonds issued 
by them as such commissioners, and which remain unpaid, the time the 
same will mature, the rate of interest such notes or bonds bsar and the 
time the interest falls due, the amount necessary to be levied on the 
lands assessed for benefits in order to meet the payment of the interest 
for the ensuing year; also the amount, if any, necessary to be levied to 
keep the work, or any part thereof, in repair for the year next ensuing; 
also the amount of any deficiency in the payment of interest before 
accrued, or in the payment for repairs made; and the clerk shall compute 
the pro rata share which each tract or parcel of land or properly in said 
district, assessed for benefits, will have to pay to raise said respective 
amounts, which jyro rata share shall be in the same proportion as the 
assessment for the construction of said work, and it shall be the duty of 
the county clerk of the county in which the lands are located to extend 
the same on the collector's books, the same as State, county, municipal 
or other taxes are extended, in appropriate column or columns, 
and in case the lands or property assessed lie in more than one county, 
the county clerk of the county in which the district is organized shall 
certify to the clerk, or clerks, of such other county or counties, a des- 
cription of the lands or property assessed in such other county, and the 
amount to be extended against the same for interest, as also for repairs, 
either or both, and on receiving such certificate the c'erk of the proper 
county shall extend the same on the proper collector's book, in proper 
columns, the same as though the whole proceedings and district were in 
his county. And the amounts so extended shall be collected at the same 
time and in the same m inner as other taxes on like property, and shall 
be paid over by the party collecting, to the treasurer of the drainage dis- 
trict, in the same time and manner as taxes collected are required to be 
paid to treasurers of municipal corporations. No levy or assessment 
made by the commissioners to meet the payment of interest on the notes 
or bonds of the district unpaid shall be used for any other purpose, but 
shall be faithfully applied to the payment of such interest as it becomes 
due: Provided, where the whole or any part of the bonds of the district 
are registered, and the Auditor of Public Accounts has levied, as herein- 
before provided, an amount sufficient to meet the payment of the interest 
on such registered bonds as it becomes due, then the commissioners shall 
make their levy so as to meet the payment of the interest on the bonds 
that are not registered. 

§ 71. The county treasurer of the county in which the proceedings 
for the organization of a special drainage district are commenced and dis- 
trict organized, shall be the collector and treasurer of such district. He 
shall give bond to the commissioners in such sum as they may fix, not 
less than double the amount likely to come into his hands in any one 
year, which bond shall be signed by two responsible securities, approved 
by the commissioners and filed and recorded in the office of the clerk : 



DKATNAGK. 105 



Provided, where the district lies in two or more counties, the commission- 
ers may appoint the county treasurer of either county as treasurer for 
the district. 

§ 72. Any and all assessments made under any law of this State 
heretofore in force for the organization of special drainage districts, as 
also all assessments or levies hereafter made under the provisions of this 
act, shall be taken, held and considered to be a lien upon each and every 
tract of land or property assessed in such district to the extent and 
amount of the proportionate share assessed or levied against the same, 
but such land, or owner thereof, shall not be liable for more than such 
proportionate share and the subsequent levy or levies for construction 
and for the payment of interest or repairs, which lien may be discharged 
on the paj^ment of the amount thereof to the treasurer of said district 
at any times before notes or bonds of the district are^ issued on the 
assessment. In case the owner or owners of any lands lying in said 
district, and which are assessed, fails or neglects to pay any assessment 
or assessments, installment or installments, tax levy or levies, when due, 
and the same be not collected on or before the annual sale of lands for 
non-payment of taxes, the commissioners of such drainage district may file 
a petition in the circuit court of the county in which the land or property 
upon which such assessment, installment or levy has not been paid, 
for a foreclosure of such lien ; and the commissioners may proceed in 
their corporate name and capacity to fore^ose such lien as provided by 
law. They may also commence and maintain suits at law for the re- 
covery of judgment against the person or party whose lands or property 
is assessed for benefits for any assessment or tax, or any part thereof, 
which remains due and unpaid on the lands and property of such person 
or party. Any judgment so recovered may be enforced and collected 
as other judgments in the same court. The remedy provided in this 
section for the collection of delinquent special assessments or taxes 
shall not be construed to abridge or in any manner interfere with the 
right and power to enforce collection of any delinquent assessment or 
tax in the manner provided by the revenue laws of this State, or other 
provisions of this act, but the remedy herein provided shall betaken and 
held as an additional means to enforce payment of such delinquent 
assessment or tax. 

§ 73. The commissioners provided for in this act shall receive two 
dollars and fifty cents per day for the time actually employed in the 
discharge of the duties of their office. They shall make out their 
account under oath, and in all districts, except special drainage districts, 
their account shall be audited and allowed by the board of auditors of 
the town in which the district is organized ; and in special drainage 
districts their account shall be presented to and allowed by the judge of 
the court in which the district is organized; and the amount allowed by 
the board of auditors, or court, as the case may be, shall be paid out of 
the funds of the district for which the services were rendered. The 
clerk of the commissioners shall receive the same fees as is allowed for 
like services in other matters connected with his office. If a civil engi- 
neer shall be employed he shaH receive not to exceed five (5) dollars 
per day, for the time actually employed. The treasurer shall receive for 
his services such sum as may be fixed by the commissioners, not to ex- 
ceed two per cent, of moneys collected by him, and not to exceed one 



106 DRAINAGE. 



per cent, on moneys paid him by other collectors or treasurers, and in no- 
case shall the treasurer receive to exceed five hundred dollars for his 
services in any one year from any one district. All fees and allowances 
shall be paid out of the funds of the district for which the services were 
or may be rendered. 

§ 74. There shall be, constructed at least one bridge or proper passage 
way over each open drain where the same crosses any enclosed field or 
parcel of land, and the cost of construction thereof shall be charged as 
part of the cost of construction of such drain, and such bridge or passage 
way shall be maintained by the commissioners from the district funds : 
Provided, the commissioners may contract with owners of land crossed by 
such drain to maintain such bridges or crossing. 

RIVER DISTRICTS. 

§ 75. River districts may be organized in the manner and with like 
powers provided in this act for forming and conducting the business of 
drainage districts, and the commissioners as the corporate authorities 
shall have power to levy special assessments on the land and property 
benefited, for the purpose of straightening, enlarging, embanking or 
otherwise improving the channels of rivers or lesser streams for a more 
free flow of water and protection from overflow, including the clearing 
of driftwood from the stream and removing drift material from the bank 
when liable to become drift, and railroads and public roads which receive 
benefits may be included in the assessment for benefits ; or the highway 
commissioners of towns interested therein may appropriate from the 
road fund, and the county board may appropriate from the county treas- 
ury in aid of or wholly to accomplish such work, in consideration of the 
benefits to roads, bridges and the public health. The town or county 
authorities named may order surveys and reports with maps, plans 
and estimates of cost and benefits to accrue from the proposed im- 
provement. When such works or any of them are a necessary part to 
the system of drainage of any organized drainage district, such works 
sha'l be deemed as belonging to drainage. 

DISTRICTS BY USER. 

§ 76. Where two or more parties owning adjoining lands which re- 
quire a system of combined drainage, have by voluntary action con- 
structed ditches which form a continuous line, or line and branches, the 
several parties shall be liable for their just proportion for such repairs 
and improvements as may be needed therefor, the amount to be deter- 
mined as near as may be on the same principle as if these ditches were 
in an organized district. Whenever such repairs and improvements are 
not made by voluntary agreement, any one or more owning parts of such 
ditch shall be competent to petition for the formation of a drainage district 
to include the lands interested in maintaining these ditches. The form 
and conditions heretofore prescribed shall be observed as near as prac- 
ticable, but the ditches shall be taken as a dedication of the right of way, 
and their construction and joining as the consent of the several parties 
to be united in a drainage district. These ditches, if open, shall be made 
tile drains when practicable. 



DRAINAGE. 107" 



DISTRICT BY MUTUAL AGREEMENT. 

§ 77. Owners of land which requires combined drainage may form 
drainage districts, by mutual agreement, to include lands of their own 
only, by an instrument of writing duly signed and acknowledged, and 
recorded in the drainage record. This agreement may include the loca- 
tion and character of the work to be done ; the adjustment of damages ; 
the classification, amount of taxes to be levied; how the work shall be 
done, or so much of these or more as may be agreed upon, and to this 
extent shall be as valid as though formed in the mode hereinbefore pro- 
vided, and the powers and duties of the commissioners thereafter shall 
be the same as prescribed for other districts, and they shall commence 
acting at the point reached by the aforesaid agreement: Provided, that 
this agreement may inc'ude the selection of three drainage commission- 
ers from their own number, or from others, and their terms of office 
shall be until the third Tuesday of the following November, or for this 
term and for one year in addition, as may be agreed at the time of their 
appointment; and at the annual meetings thereafter, a majority of the 
land owners may choose three commissioners to serve one year by sign- 
ing a certificate to that effect, or a majority may, in writing, discontinue 
the voluntary district, and thereafter it shall be under such commission- 
ers as is herein provided for other districts of this class. Such writings 
shall be recorded on the drainage record. The powers and duties of the 
commissioners of a district by mutual agreement, and the mode and 
effect of special assessments, shall be the same as provided for other 
districts. 

REPEALING SECTION. 

§ 78. This act is an amendatory revision and consolidation of the 
three following acts, which are hereby repealed: 

1. — "An act to provide for the organization of drainage districts, and 
to provide for the construction, maintenance and repair of drains and 
ditches by special assessments on the property benefited thereby," ap- 
proved May 29, 1879, in force July 1, 1879. 

2. — "An act to amend sections three, nine, twelve, thirteen, sixteen, 
thirty-three, thirty-four, thirty-five, fifty-one, fifty-three, fifty-four, fifty- 
five and fifty-seven, and to repeal section sixty-nine of an act entitled 
'An act for the organization of drainage districts and to provide for the 
construction, maintenance and repair of drains and ditches by special 
assessments on the property benefited thereby,' approved May 29, 1879, 
in force July 1, 1879, and to add three new sections amendatory of last 
said act, to enable lands to be drained and protected from overflow, to 
be known as sections sixty-nine, seventy and seventy-one," approved 
May 24, 1881, in force July 1, 1881. 

3. — "An act to permit owners of land to construct drains for agricul- 
tural purposes," approved June 23, 1883, in force July 1, 1883. 

The acts and proceedings done, and rights acquired under either of 
the foregoing acts, if in substantial conformity to law, shall not be held 
to be void from merely technical informality' of proceedings where no 
substantial rights of persons or property are adversely affected; and the 
same principles shall apply to this act. All drainage districts heretofore 
organized under any one or more of the acts hereby repealed shall be 



108 



DRAINAGE. 



held, and they are hereby declared to be legiUy organized, and the 
assessments made therein shall be he'd to be legally made. This act, as 
well as the acts repealed, shall be liberally construed to promote drain- 
age, and the reclaiming of wet and overflowed lands, and in the making 
and collection of assessments and taxes therefor. The officers, under the 
repea'ed act, and proceedings begun, shall be continued under this act, 
and shall have and possess all the rights, powers and privileges the same 
and to the same extent as though the whole proceedings were commenced 
and carried on under the provisions of this act, and only affected as to 
the future as herein provided. The following acts are hereby also re- 
pealed, saving rights as in this section provided: "An act to amend sec- 
tions one, two, three and five of an act entitled 'An act to provide for 
the construction and protection of drains, ditches, levees and other 
works,' approved April 24, 1871," approved April 15, 1875, in force July 
1, 1875. "An act to protect, by levees, lands subject to overflow, and for 
draining wet or swamp lands and coal mines," approved May 16, 1877, in 
force July 1, 1877. This act and this repealing section sha'l not affect 
other independent laws for drainage and levees not herein mentioned, 
but shall be construed as an independent act, not affecting other inde- 
pendent drainage laws except as it is a codification and amended suc- 
cessor to the first three acts mentioned in the repealing section, and the 
special provisions of this act for their own class of districts shall apply 
only to such districts, but the general provisions app'icable to all dis- 
tricts shall apply to all districts provided for in this act. 

Approved June 27, 1885. 



LEVEES. 



1. Am^nd? certain sections of the levee 
and drainage law, as follows: 

§ 2. Petition to establish drainage and 
levee or farm drainage districts. 

§ 3 Notice of filing petition. 

§ 4. County court has jurisdiction at any 
probate or common law term. 

§ 5. Hearing; fiudings of court; com- 
missioners. 

§ 6. Oath of commissioners. (See Sec- 
tion 63 .) 

§ 7. Chairman; secretary. 

§ 8. Quorum. 

§ 9. Commissioners to examine land and 
report. 

§10. Dismissal of proceedings. 
§ 11. Survey, plat, etc. 

§ 12. Alteration of plans; other lands may 
be included. 

§ 13 Filing report; notice of confirma- 
tion. 

§ 14. Confirmation; review; modification; 
report may be referred back. 

§ 15. Time fixed for he iriag report. 



5 16. Order of confirmation; district de- 
clared organized; plat to be re- 
corded; jury; oath. 

§ IV. Assessment of damages and benefits. 

§ lV/z. Drainage and levee work; assess- 
ment for repair in any one year, 
etc. 

§ ',8. Benelits; duty of jury; jury to con- 
sider void assessments, etc. 

§ 10. Correction of assessments; notice. 

§ 20. Hearing objections. 

§ 21. Proceedings by jury in hearing ob- 
jections; court may continue the 
hearing. 

§ 2.'. Confirmation by jury; roll tc be 
filed in county court within ten 
days from such confirmation, etc. 

§ 23. Appeal; bond. 

§ 21. Trial on appeal; cases consolidated; 
jury to be recalled to correct cleri- 
cal errors, etc. 

§ 25. Appeal, etc., from county court; 
court to confirm assessments not 
appealed from. 

§ 26. Payment of benefits in installments; 
installments to draw 6 per cent. 



DHAINAGE. 



109 



interest; release executed and re- 
corded; lien of assessments. 

§ 2, Amends the law by adding- a section, as 
fellows: 
§ 26%. Annual benefits due 1st September. 
This section not applied to drain- 
age independent of levees. 

§ 3. Amends the following sections— 27 to 
34: 
Assessment roll to be recorded in 

other counties. 
Power of commissioners to con- 
tract. 
Treasurer; bond. 

Duties; term of office; compensa- 
tion. 

Interest on installments. 

Bond of commissioners. 

assessments ; sufficient 



34 



Notice of 
demand. 



sale. 



§4 

§ 

§5. 



Delinquent assessment; return 
Amends by adding - section 34^ : 

34%. Act liberally construed; judgment 
of confirmation conclusive. 

Amends sections 35 to 43: 

of assessments before 



for 



35. Payment 

sale. 

36. Letting contracts; advertising 

bids. 

37. Suits, etc.; payment of expenses; 

additional levy may be made upon 
petition and notice, etc.; commis- 
sioners may make ass ssments in 
lieu of jury. 

38. Commissioners may borrow money; 

not exceeding 90 per cent, of as- 
sessment-', etc.; lien of bonds is- 
sued ; interest. 

39. Payment of damages; right of com- 

missioners to enter lands, etc. 

40. Court may remove commissioners; 

filling vacancies. 

41. Commissioners must report to court, 

notice of report, and hearing; fail- 
ing to report may be removed. 

42. Pay of commissioners ; itemized ac- 

count of their fees must be ap- 
proved by the court. 

43. Petition to be relieved of assessment. 

This section applies to drainage 
and levee districts. 

. Amends and re-numbers sections 43% 
to 49: 

44. Before contract let, court may order 

commissioners to abandon the 
work. 



§ 45. Commissioners may enter upon 
land? ; penalty for preventing. 

§ 46. Drainage and levee districts may 
take possession, etc. 

§ 47. Assessment book ; commissioners to 
keep drainage record ; time of 
meetings ; what shall be entered 
upon their record. 

§ 48. Jurisdiction of justices of the peace; 
shall not confirm assessment roll. 

§ 49. Proceedings before justice. 

§ 50. Commissioners refusing to act ; pen- 
alty. 

§ 51. Upper district liable to pay lower 
district for outlets. 

§ 7. Ame;.ds sections 52 to 65 and 71 to 73: 

§ 52. Proceedings by lower district 
against upper district; petition; 
assessments against upper district 
in favor of lower district. 

§ 54. Owners to be credited for ditches 
utilized by the district. 

§ 55. Proceedings bv district against rail- 
road companies, public roads and 
private corporations to enforce 
payment of benefits. 

§ 56. Railroad company required to con- 
struct or enlarge bridges, culverts 
and openings upon its grade. 

§> 57. The word "ditch" defined 

§ 58. Lands lying outside can be made a 
part of district; proceedings. 

§ 59. Additional ditches to be constructed 
to give outlets over lands of others ; 
special assessment roll. 

§ 60. Void assessments not lost to dis 
trict ; lands omitted may be as- 
sessed, etc. 

§ 61. Proceedings to make valid void as- 
sessments ; to assess lanes omitted 
by mistake and to cure errors. 

§ 62. Commissioners, when appointed. 

§ 63. Oath of commissioners. 

§ 64. Clerk to attest each bond issued; his 
certified statement thereon, etc. 

§ 65. Districts organized under other laws 
may, if they elect, accept all the 
provisions of this act; proceedings. 

§ 71. All districts organized under this 
act declared valid . 

§ 72. Owner may pay his assessments in 
labor. 

§ 73. This act, except, etc., shall apply to 
drainage and levee and farm drain- 
age districts. 

§ 8. Sections repealed. 



An Act to revise and amend an act, and certain sections thereof, entitled 
11 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 prcrposes, aiid to provide for the organization of 
drainage districts,'''' approved and in force May 29, 18*79, as amended 
by certain acts herein entitled, and to repeal certain laws therein named. 



Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That the sections herein named of an 



110 DRAINAGE. 



act entitled "An act to provide for the construction, reparation and pro- 
tection of drains, ditches and levees across the lands of others for agri- 
•cultural, sanitary and mining purposes, and to provide for the organiza- 
tion of drainage districts," approved and in force May 29, 1879, as 
amended by the following acts, viz: "An act to amend sections three, 
five, twelve, thirty-three, thirty-four, thirty-seven and thirty-eight of an 
act entitled 'An act to provide for the construction, reparation and pro- 
tection of drains, ditches and levees across the lands of others, for agri- 
cultural, sanitary and mining purposes, and to provide for the organi- 
zation of drainage district^,' approved and in force May 29, 1879, and to 
add to said act an additional section to be known as section forty- 
three and one-half," approved May 19, 1881 ; "An act to amend sections 
seventeen, twenty-six, forty-two, forty-three, forty-six and forty-nine 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 mineral purposes, and to provide for the organ- 
ization of drainage districts,' approved and in force May 29, 1879, and to 
add to said act two additional sections, known as sections seventeen and 
one-half and forty-four and one-half," approved June 23, 1883 ; and "An 
act to amend sections thirty-three and thirty-four 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 sections three, five, twelve, thirty-three, thirty- 
four, thirty-seven and thirty-eight 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,' ap- 
proved and in force May 29,1879, and to add to said act an additional section 
to be known as section forty-three and one-half," approved and in force 
May 19, 1881, be and the same are hereby revised and amended, that is 
to say, that sections 2, 3, 4,5, 6, 7,8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 17|, 
18, 19, 20, 21, 22, 23, 24, 25 and 26, of said act, to which this act is an 
amendment, be and each of them is hereby so amended, as to read in their 
numerical order as follows: 

"Section 2. Whenever a majority of the owners of lands within a 
district proposed to be organized, who shall have arrived at lawful age 
and who represent one-third (^) in area of the lands to be reclaimed or 
benefited, desire to construct a drain or drains, ditch or ditches, levee or 
levees, or other work to be known in this act as a 'drainage and levee 
district,' or 'drainage and levee work,' across the lands of others, for 
agricultural, sanitary and mining purposes, or to maintain and keep in 
repair any such drain or drains, ditch or ditches, levee or levees, hereto- 
fore constructed under any law of this State, or to establish in said dis- 
trict a combined system of drainage or protection from overflow, inde- 
pendent of levees, for agricultural, sanitary or mining purposes, and 
maintain the same by special assessments upon the property benefited 
thereby, such owners may file, in the county court of any county in which 
the greater part of the lands to be affected by said drain or drains, ditch 
or ditches, levee or levees, or other work proposed to be constructed, 
maintained or repaired shall lie, a petition signed by a majority of the . 
owners of said lands, within said district proposed to be organized as 



DRAINAGE. Ill 



aforesaid, setting forth the proposed name of said drainage district, the 
necessity of the same, with a description of proposed starting points, 
route and terminus of the work and a general description of the lands 
proposed to be affected, with the names of the owners when known, and, 
if the purpose of said owners is the repair and maintenance of a ditch or 
ditches, levee or levees, or other work, heretofore constructed under any 
law of this State, said petition shall give a general description of the 
same, with such particulars as may be deemed important, and may pray 
for the organization of a drainage district, by the name and boundaries 
proposed, and for the appointment of commissioners for the execution of 
such proposed w^ork according to the provisions of this act: Provided, 
that in case the proposed work shall consist of a combined system of 
drainage independent of levees, no description of such drains and ditches 
in the petition shall be required. But that nothing in this section shall 
operate to prevent the organization of any drainage district entirely 
within one county, nor to deprive the county court of such county of its 
jurisdiction of the subject matter of any petition filed in accordance with 
the provisions of this act: Provided, that the lands embraced in such 
drainage district shall be liable for any and all damages which may be 
sustained by any lands lying above such drainage district by the 
construction of any levee, ditch or drain in such district under this act, 
and the commissioners of any drainage district, composed of lands 
lying next below another drainage district organized entirely in one 
county as aforesaid, shall have power to cause the lands lying in such 
district to be assessed in the manner prescribed by this act for the 
assessment of benefits to pay all such damages to the lands lying in such 
lower district, and to pay any and all increased costs and expenses of 
constructing any levee, ditch or drain in such lower district which may 
be necessary to carry off waters flowing from the higher district, and 
such lower district shall have power to connect its levees, ditches or drains 
with the levees, ditches or drains of such higher district, and said higher 
district shall have the power to connect its levees, ditches or drains with 
levees, ditches or drains of such lower district. 

"Section 3. Such petition being filed, the clerk of slid county court 
shall cause three (3) weeks' notice of the presentation and filing of such 
petition to be given, addressed 'to all persons interested,' by posting- 
notices thereof at the door of the court house of the county or counties 
in which the district is situated, and in at least ten (10) of the most pub- 
lic places in such proposed district, and also by publishing a copy thereof 
at least once a week, for three successive weeks, in some newspaper or 
newspapers published in the county from which the larger part of said 
district is proposed to be formed. Such notice shall state when and in 
what court said petition was and is filed; the starting point, route, termini 
and general description of the proposed work; the boundaries and name 
of the proposed drainage district, and at what term of the said court the 
petitioners will ask a hearing of said petition: Provided, that it shall 
not invalidate said notice if no description of drains or ditches is given 
therein. If any of the land owners of said district are non-residents of 
the county or counties in which the proposed districts will lie, the peti- 
tion shall be accompanied by an affidavit, giving the names and places of 
residence of such non-residents if known, and if unknown, stating that, 
upon diligent inquiry, their places of residence cannot be ascertained; 
•and the clerk shall send a copy of the notice aforesaid to each of said 



112 DRAINAGE. 



non-residents, whose residence is known, within (3) days after the first 
publication of the same. The certificate of the clerk, or the affidavit of 
any other credible person, affixed to a copy of said notice, shall be suffi- 
cient evidence of the posting, mailing and publication of said notices. 

"Section 4. The county court in which such petition shall be filed 
may hear the petition at any probate or common law term, and may de- 
termine all matters pertaining thereto, and all subsequent proceedings of 
the district when organized under this act, and may adjourn the hearing 
from time to time or continue the case, for the want of sufficient notice 
or other good cause. 

"Section 5. On the hearing of any petition filed under the provisions 
of this chapter, all parties through or upon whose land any of the pro- 
posed work may be constructed, or whose lands may be damaged or 
benefited thereby, may appear and contest the necessity or utility of the 
proposed work, or any part thereof, and the contestants and petitioners 
may offer any competent evidence in regard thereto. It shall be the duty 
of the court to hear and determine whether or not the said petition 
contains the signatures of a majority of the owners of lands 
within said proposed district who are of lawful age, and who 
represent one-third in area of the lands proposed to be affected by such 
wcri- ; and the affidavit of any three (3) or more of the signers of said 
petition, that they have examined said petition, and are acquainted with 
the locality of said district, and that the said petition is signed by a 
majority of such owners, who are of lawful age, who represent at least 
one-third in area of the lands proposed to be affected by such work, 
may be taken by the court as prima facie evidence of the facts therein 
stated; or the oath or affirmation before said court, or the affidavit of 
any person, properly taken and certified by any person or court author- 
ized to take acknowledgments of deeds to real estate in this State, 
giving the age of such party, and his or her ownership of lands, to be 
named in such oath, affirmation or affidavit, by proper description, shall 
be sufficient evidence to the court of such facts: Provided, that all 
deeds made for the purpose of establishing or defeating the prayer of 
said petition, not made in good faith and for a valuable consideration, 
shall be taken and held to be in fraud of the provisions of this act, and 
the holders thereof shall not be considered as owners thereof. If the 
court, after hearing any and all competent evidence that may be offered 
before it for and against the said petition, shall find the same has not 
been signed by a majority of the land owners, as hereinbefore required, 
the said petition shall be dismissed at the cost of the petitioners; but if 
the court shall find that the petition has been signed by land owners con- 
stituting such majorities, the court shall so find, and such finding shall 
be conclusive upon the land owners of such district that they have as- 
sented to and accepted the provisions of this act; and if it shall further 
appear to the court that the proposed drain or drains, ditch or ditches, 
levee or other works, is or are necessary, or will be useful for the drain- 
age of the lands proposed to be drained thereby, for agricultural, sani- 
tary or mining purposes, the court shall so find, and appoint three (3) 
competent persons as commissioners, each of whom shall hold his office 
until his successor is appointed as hereinafter provided, to lay out and 
construct such proposed work. In case the lands to be drained or leveed 
shall be situated in different counties, not more than two (2) of the com- 
missioners shall be chosen from any one of such counties. If the court 



DRAINAGE. 113 



shall find against the petitioners, the petition shall be dismissed at the 
cost of the petitioners. 

"Section 6. Before entering upon the duties of their office, such 
commissioners shall take and subscribe to an oath to faithfully dis- 
charge the duties of their office, without favor or partiality, and to ren- 
der a true account of their doings to the court by which they are ap- 
pointed, whenever required by law or order of the court, which oath 
shall be filed with the clerk. 

" Section 7. They shall elect one of their number chairman, and may 
elect one of their number as secretary. 

" Section 8. A majority of the commissioners shall constitute a 
quorum, and a concurrence of a majority of their number in any matter 
within their duties shall be sufficient. 

" Section 9. As soon as may be after their appointment, or within 
such time as the court may direct, the commissioners shall examine the 
land of the petitioners proposed to be drained or protected, and the 
lands over or upon which the work is proposed to be constructed, and 
determine: 

First— If drainage and levee work is proposed in the petition, whether 
the starting point, route and terminus of the proposed work and the' 
proposed location thereof, is or are in all respects proper and feasible, 
and if not, what is or are so. 

Second — The probable cost of the work mentioned in the petition, 
including all incidental expenses, and the cost of the proceedings there- 
for. 

Third — The probable annual cost of keeping the same in repair after 
the work is, completed. 

Fourth — What lands will be injured by the proposed work, and the 
probable aggregate amount of all damages such lands will sustain by 
reason of the laying out and construction of such work. 

Fifth — What lands will be benefited by the construction of the pro- 
posed work, and whether the aggregate amount of benefits will equal or 
exceed the cost of constructing such work, including all incidental ex- 
penses, costs of proceedings aad damages. 

Sixth — 'Whether the proposed district, as set out in the petition filed, 
will embrace all the lands that may be damaged or benefited by the 
proposed work, and if not, to report what additional lands will be so 
affected. 

Seventh — In case the prayer of the petition is for the purpose of 
repairing and maintaining a levee or levees, ditch or ditches, heretofore 
constructed under any law of this State, it shall be the duty of the com- 
missioners to examine the said levee or levees, ditch or ditches, and the 
lands intended to be reclaimed thereby, and to report to the court : 

First — Whether, in their opinion, said levee or levees, ditch or ditches, 
san, with proper repairs, be made sufficient to protect permanently said 
lands from overflow from high water, or to drain the same. 

Second — The probable annual expense of keeping the same in such 
repair. 



114 DRAINAGE. 



Third — What lands will be benefited thereby, and the probable 
aggregate amount of such benefits. 

Fourth — Whether the aggregate annual amount of benefits will equal 
or exceed the annual costs of such repairs, inc'uding all incidental ex- 
pense and costs of proceeding, and 

Fifth — Whether the proposed district will embrace all the lands that 
may be benefited by the maintenance of such levee or ditch, or combined 
system of drainage, and if not, to report what additional lands will be so 
affected, giving a description and the names of the owners thereof, 
which report shall be filed with the clerk of said court. 

"Section 10. If the commissioners shall find that such costs, expenses 
and damages are more than equal to the benefits which may inure to 
the lands in general of said district, by reason of the proposed work, 
they shall so report, and the proceedings shall be dismissed at the cost 
of the petitioners. 

"Section 11. If the commissioners shall find that the proposed work' 
or such portion of the same as will be satisfactory to the petitioners? 
and work of. a like nature on lands they propose to annex to said district) 
can be done at a cost and expense not exceeding such benefits, they 
shall proceed to have the proper surveys, profiles, plats, plans and speci- 
fications thereof made, and they shall report the starting point, route and 
termini of the levee, ditch, ditches or drains, or other work, and the 
dimensions of the same, and what ditches or parts thereof should be 
opened or tiled, and the size of tile, if any is required, and shall report 
their conclusions and a copy of such surveys, profiles, plats, plans and 
specifications, to the court which appointed them. 

"Section 12. The commissioners shall not be confined to the point of 
commencement, route or termini of the ditches, or to the number, extent 
or the size, or to the manner of constructing of the same, or the location, 
plan or extent of any levee, ditch or other work to that proposed by the 
petitioners, but shall locate, design, lay out, plan the same in such man- 
ner as they shall think will drain or protect the petitioners' lands with 
the least damage and the greatest benefit to all lands to be affected there- 
by; and any plans, ditches, drains or other work proposed by the com- 
missioners may, on the application of any person interested, or the com- 
missioners, be altered, or additional drains or other work shall be estab- 
lished by order of the court in such manner as shall appear to the court 
to be just. If the commissioners find that the proposed district, as 
described in the petition filed, will not embrace all the lands that will 
be benefited by the proposed work, or that it will include lands that will 
not be benefited, and not necessary to be included in said district for any 
purpose, they may extend or contract the boundaries of the proposed dis- 
trict, so as to include or exclude all such lands, as the case may be, and 
the boundaries adopted and reported by said commissioners may, at any 
time before the court declares the district established, upon the applica- 
tion of the commissioners, or of any person interested, be altered by the 
court in such manner as shall appear to the court to be just; and the 
court may change the name of the district or proposed district, at the 
same time in the same order establishing a drainage district, the bound- 
aries of which shall have been changed as aforesaid : Provided, the 
alteration of boundaries as aforesaid shall not have the effect of so 
far enlarging or contracting the proposed district that the petitioners 



DRAINAGE. 115 



will no longer constitute a majority of the adult land owners of the lands 
therein situated, nor represent less than one-third of its area. And any 
person or persons owning lands adjoining or contiguous to said proposed 
district may, at any time, by application in writing to said court, rea- 
sonable notice thereof having been previously given to the commission- 
ers, annex his lands to said district ; and if such application be made after 
the latest general assessment of benefits against the lands in said district 
as herein provided, the court, if the owners agree thereto in writing, or 
the commissioners, or a jury of said court, shall, on such application to 
annex, hear evidence and make the assessment of benefits against or 
damages in favor of, the lands so annexed, and the court may order said 
assessments of benefits payable in installments corresponding as near as 
may be to the time of payments of general assessments and add the same 
to the general assessment roll of the district, and the collection of such 
additional assessments may be enforced as in other cases ; such additional 
assessment roll shall also be recorded in the county court, and the same 
shall be a lien upon such lands from the filing thereof for record until 
paid. 

"Section 13. Upon the report of the commissioners being filed with 
the c'erk. of the court appointing such commissioners, he shall cause 
three weeks' notice to be given, addressed 'to all persons interested, '^in 
. the same manner as is provided in section three of this chapter, which 
notice shall state the time of filing such report, that a plat and descrip- 
tion of the work laid off and proposed to be constructed is on file in the 
office of the clerk of said court ; a description of the additional lands, if 
any, recommended by the commissioners to be embraced in the proposed 
district, and upon what day application will be made for the confirmation 
of such report, at which time all persons interested may appear and con- 
test the confirmation thereof, or show that additional drains, ditches or 
other work should be constructed or that the report ought to be modified 
in any particular, and may offer any competent evidence in support 
thereof. 

"Section 14. If, upon the hearing, the court shall be of the opinion 
that the objections are not well taken, or if no objections shall be made, - 
it shall order the confirmation thereof. If it shall appear that additional 
ditches, drains and outlets, not named in the report, are necessary, or 
that the report ought to be modified in any particular, and the court shall 
be sufficiently informed in the premises, it shall modify the same to con- 
form to the equities in the premises; or if not sufficiently informed, it 
shall order the commissioners to review and correct their report; and 
may make specific directions in what respect they shall reform their 
report; and the court may make all necessary orders in the premises, 
either for the continuance of the hearing or other lawful purposes. 

"Section 15. If the report be referred back to the commissioners for 
amendment, the court may fix a day when the commissioners shall again 
present their report, in which case the hearing shall stand adjourned to 
that day, and no further notice shall be required thereof. If no day shall 
be fixed for such report, the cause shall be continued to the next term of 
court, when it sha'l stand for hearing. 

"Section 16. If after hearing all objections, if any, to the report of 
the commissioners, and all applications, if any, to annex other lands to 
the proposed district, the court finds that a .drainage district should 



116 DRAINAGE. 



be organized, the plat of the same shall be recorded and an order may be 
made according to the findings of the court, substantially as follows: 

County court of county, term, A. D. 18 In the matter of 

the petition of (here insert names of the petitioners) this day the report of , 

commissioners heretofore appointed by this court to examine the lands of the petitioners 
for the purposes specified in the petition filed in-this cause, having- been filed, and it ap- 
pearing- to the court that due notice has been given to all persons interested-, for the 
length of time and in the manner required by law, of the application to this court for the 
confirmation of said report, and the court having duly examined said report and con- 
sidered all objections to the same, it is ordered by the court that the report of said com- 
missioners (or if said report has been modified by the court, say "as modified by the 
court,") be and the same is hereby confirmed; and the court further finds that the work 
proposed in said petition to be done, will be useful for agricultural, sanitary or miniDg- 
pui poses to the owners of lands within said proposed district, and the court also finds 
that the persons who have signed said petition are of lawful age, and are a majority of 
the land owners, and who represent one-third in area of the land to be affected by such 
proposed work. And the court further finds that said drainage district of the corporate 

name mentioned in said petition, viz: , bounded as follows: 

, is duly established as provided by law. 

County Judge. 

And upon entering such order of record, said district is hereby 
declared by law to be organized as a drainage district by the name men- 
tioned in said petition, and with the boundaries fixed by the order con- 
firming the report of the said commissioners, and said district is hereby 
declared to be a body politic and corporate, by the named mentioned in 
said order of court, with the right to sue and be sued and to have per- 
petual succession, and may adopt and use a corporate seal ; and the com- 
missioners appointed as aforesaid and their successors in office shall, 
from the entry of such order of confirmation, constitute the corporate 
authorities of such drainage district, and shall exercise the functions con- 
ferred upon them by law. And thereupon the court shall empanel a jury 
of twelve men, having the qualifications of jurors in courts of record ; 
or may, as provided by section 37 of this act, direct that the assessment 
of benefits herein named shall be made by the commissioners of said 
district. The jury shall be sworn to faithfully and impartially perform 
the duties required of them to the best of their understanding and judg- 
ment, and to make their assessments of damages, or damages and bene- 
fits as the case may be, according to law, or the court may direct that a 
jury be empaneled before a justice of the peace for the assessment of 
damages and benefits, in which case the commissioners may apply to any 
justice of the peace in the county, who shall immediately, without the 
formality of any written application, proceed to summons and empanel 
a jury of twelve men, having the qualifications of jurors as aforesaid, 
who shall be sworn in the same manner as is above provided in case of a 
jury empaneled by the court in which the proceeding is pending, and the 
justice shad enter upon his docket a minute of such proceeding before 
him, and the names of the jurors. 

"Section IV. The jury when empaneled as aforesaid, shall elect one ( 
of their number foreman, and shall proceed to examine the lands to be 
affected by the proposed work, and ascertain, to the best 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 sha'l be set down, in proper 
columns, the names of owners when known, a description of the premi- 
ses affected, in the words or figures, 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 



DRAINAGE. 117 



of land, the balance, if any, shall be carried forward to a separate colnmn 
for damages or benefits, as the case may be. 

" Section 17-j. But in case ' drainage and levee work' is proposed by 
the petition, the amount assessed for keeping said levee or ditch in re- 
pair shall not in the aggregate amount to a sum, in any one year, greater 
than would be produced by thirty cents per acre on aU 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 repairing said levee or ditches, 
and also the ' annual amount' of benefits which said lands will sustain 
by keeping said levee or ditch in repair 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 re- 
pair said levees or ditches heretofore constructed under any laws of 
this State, are insufficient to complete the ditches, drains or levees em- 
braced in the proceedings, the 'annual amount of benefits ' assessed by 
the jury to keep said levee or ditoh in repair after making all necessary 
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 con- 
structing 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 overflow, and in paying interest on any 
notes or bonds issued under this act. Jurors summoned or empaneled 
to assess damages and benefits under this act shall receive the same 
compensation as petit jurors and be paid as in other cases in courts of 
record. 

"Section 18. In making such assessment the jury shall award and 
assess the damages and benefits in favor of and against each tract sepa- 
rately, in the proportion in which such tract of land will be damaged or 
benefited; and in no case shall any tract of land be assessed for bene- 
fits in a greater amount than its proportionate share of the estimated 
cost of the work and expenses of the proceeding, nor in a greater 
amount than it will be benefited by the proposed work, according to 
the best judgment of the jury; and when directed, by the commission- 
ers, or the court empaneling a jury for making any addditional assess- 
ment of damages and benefits, or benefits, or for the purpose of making 
assessment in favor of or against any one or more tracts as the case may be, 
in any district, such jury may consider any prior assessment or assess- 
ments, against any lands, which are void and unpaid, by reason of some 
omission, clerical error, mistake or for want of proper notice to the 
owner thereof, or on account of other irregularity of proceedings hot 
affecting the merits of such prior assessments, and may include the same 
or any part thereof with such other assessments. 

"Section 19. When the juiy shall have completed their assessment 
of damages and benefits, they shall fix a time and place when and where 
they will attend, in case the jury was empaneled by the court in which 
the petition was filed, before the same court at a time fixed within any 
term, or if the jury was empaneled by some justice of the peace, or if 



US DRAINAGE. 



the district was organized before a justice of the peace, then before the 
same justice if still in office, and if not, before his successor, or any 
other justice they may select, for the correction of their assessment, and 
the jury shall give at least ten days' previous notice of such time and 
place, and object of such meeting, by posting and publishing notices in 
the manner required in section three of the act to which this act is an 
amendment; the affidavit of any credible person or persons that he or 
they has or have posted such notices as herein required, and the certifi- 
cate of the publishers of such newspaper, as to such publication, shall be 
sufficient evidence of such facts. 

"Section 20. The jury shall appear at the time and place appointed,. 
and shall hear all objections that may be there and then made by the 
owners of any lands which may be allowed damages or assessed for ben- 
efits, or by the commissioners, to the allowance of damages to or assess- 
ments of benefits against any tract of land, and shall make such correc- 
tions as shall seem to them just, and shall adjust such assessment so as 
to make the same just and equitable. 

"Section 21. At such hearing by the jury, if in the county court, the 
court may compel the attendance of witnesses, and in case any juror 
empaneled shall fail to appear, may attach him for contempt or may 
empanel another in his stead, and may at any time during the proceed- 
ings, in considering or making their assessment, empanel one or more- 
jurors in the place of any juror who may fail from any cause or refusal 
to act, and administer to such jurors the oath required by section six- 
teen (16) of this act, and with the consent of such jury, may, on the 
day fixed, continue the hearing of objections to another time more con- 
venient without further notice. And if such hearing shall be before the 
justice of the peace, he shall preside and enforce order as in other cases- 
before justices of the peace, and shall have like power as in this sec- 
tion conferred upon the county courts. 

"Section 22. If no objection shall be made to the assessment at the 
time and place appointed to hear objections, or when found correct, or 
when corrected upon hearing, the jury shall Confirm such assessment, 
which shall be certified by the foreman of the jury and delivered to the 
commissioners, who shall return the same to the court before whom the 
said petition was filed, within ten days from such confirmation, and 
the same shall stand for hearing at the next term thereafter, if the 
same has been filed ten days before such term ; or, for good cause, may 
be continued ; but if not filed ten days before such term, shall stand 
continued to the next term. 

"Section 23. The commissioners, in case they did not make such 
assessments, or any person who shall have made objections to such as- 
sessment, may appeal from such finding and confirmation of the jury 
to the county court within ten days after the assessment roll shall be 
filed in said court, by filing with the clerk of said court his or their 
bond, payable to the opposite party, with such security and in such 
amount as shall be approved by the clerk, conditioned to pay all costs 
that may accrue by reason of such appeal, and if the appeal is by an 
owner of the land assessed for benefits, to pay such an amount as may 
be found against him on account of benefits to his land by reason of 
such work, and all costs that may be adjudged against him. 



DRA.INAGE. 119 



"Section 24. Appeals taken to the county court under the provisions 
of this act, may be heard at any probate or common law term thereof : 
Provided, ten days have intervened from the time of taking such appeal, 
and the first day of the term ; if not ten days, then such appeal shall be 
heard at the next term ; and the trial shall be conducted as in other 
cases of appeals from justices of the peace, except that if more than 
one party appeals, the judge shall order the cases to be consolidated 
and tried together ; and the rights of each party shall be separately de- 
termined by the jury, and in case the assessment of damages or benefits 
shall be changed from that made by the jury or commissioners, the court 
shall cause the assessment roll to be amended to conform thereto ; and 
in case clerical errors appear upon the roll, the court shall also have 
power to reconvene the jury who made the assessment in general for 
the purpose of amending such assessment roll to conform to the facts. 

"Section 25. When the assessment roll shall have been corrected as 
aforesaid, or in case no correction shall be required to be made, the court 
shall confirm the same and cause it to be spread upon the records, and 
appeals or writs of error shall be allowed therefrom as in cases of appeals 
from and writs of error to the county courts in proceedings for the sale 
of lands for taxes or special assessments: And provided, that the grant- 
ing of an appeal in one or more cases or to one or more persons shall not 
operate to defer the confirmation of said assessment roll in other cases, 
but the court may proceed to confirm said assessment roll as to all lands 
where no appeal is taken, and in all appeals taken from the confirmation 
made by the county court, if the judgment of the county court shall be 
affirmed, or if, upon such cause being remanded for a new trial, the 
judgment of said court shall be in favor of said district, the ^county court 
shall order the judgment so rendered to be made a part of said confirmed 
roll, and the assessment of benefits or damages so found shall be extended 
on said roll, and the same shall become a part thereof. 

"Section 26. At the time of confirming such assessments it small be 
competent for the court to order the assessment of benefits to be paid in 
installments of such amounts, and at such times, as will be convenient for 
the accomplishment of the proposed work or payment of bonds that may 
be issued; otherwise the whole amount of such assessment shall be pay- 
able immediately upon such confirmation. The assessments or install- 
ments thereof shall draw interest at the rate of six per cent, per annum 
from the time of confirmation until paid; but if any owner elects, he may 
pay the whole amount of the assessments, and interest, if any, accrued 
against his land, before it becomes due: Provided, such payment is made 
before any bonds are issued by the district. Said assessments shall be a 
lien upon the lands assessed as other taxes, and such lien shall continue 
until said assessments are paid; and the proceedings of the county court 
of the county in which said lands are situated, shall'be sufficient notice 
of such lien. When an assessment against any tract of land has been 
fully paid, it shall be the duty of the treasurer of such district to execute 
and deliver to the owner of such land a release in full, which shall dis- 
charge such owner from all further liability to pay the same. The re- 
lease may be recorded in the recorder's office of the county where such 
lands are situated." 

§ 2. That said act to which this act is an amendment be, and the same 
is hereby, amended by adding to said act another section, to be numbered 
section 26^-, as follows: 



120 DRAINAGE. 



"Section 264-. 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 benefits 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 confirmation of the report. The court in 
which such proceedings are had shall require from said commissioners a 
report of the condition 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 addi- 
tional ditches, drains or levees when required to protect the lands em- 
braced in the drainage and levee districts 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 excess 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 col'ected : 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 : Provided, further, that in all cases 
where the ditches, drains or levees constructed or repaired under this 
act, are in danger of being impaired, injured, broken or destroyed 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, drain or levees are so threatened has been remitted by order 
of court as herein provided, or when the annual amount of benefits 
for protecting 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 becoming 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 interest at the rate of six per cent, 
per annum, and not running beyond one year from the date of issue, 
which notes or bonds shall not be held to make the commissioners per- 
sonal y 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 
commissioners as to the condition of the levee or ditch, and their esti- 
mate 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 com]}lete the ditches, drains or levees embraced in 
the proceedings, and to raise, strengthen or protect said ditches, drains 
or levees wheu completed, and in constructing additional 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, shaH be 
made on the first Monday in July, in each year. But this section shall 



DRAINAGE. 121 



not apply to districts organized for the purpose of establishing a com- 
bined system of drainage independent of levees." 

§ 3. That sections 27, 28, 29, 30, 31, 32, 33, 34, of the act aforesaid, 
to which this act is an amendment, and each of them, be and the same 
is hereby amended so as to read, in their numerical order, as follows: 

"Section 27. Immediately after the entry of such confirmation by the 
court, the clerk shall make out and certify to the commissioners a copy 
of such assessment roll, and shall also make out and deliver to the com- 
missioners separate copies of such parts thereof, pertaining to the lands 
situated in the other counties, which shall be recorded in the recorder's 
office of the respective counties in which the lands are situated, and shall 
be notice of the lien thereof to all persons. 

"Section 28. Upon the organization of said drainage district it shall in 
its corporate name, by its commissioners from thenceforth, have power 
to contract and be contracted with, sue ard be sued, plead and be im- 
pleaded, and to do and perform, in the corporate name of said district, 
all such acts and things as may be necessary for the accomplishment of 
the purposes of this act. 

"Section 29. The commissioners shall, after the confirmation of said 
assessment roll, and before any collections shall have been made by them, 
appoint a treasurer, who shall not be one of their number, who shall exe- 
cute a bond to the People of the State of Illinois for the use of all per- 
sons interested, in a sum of not less than twice the amount of assess- 
ments that may be in his hands during his term of office, with such sure- 
ties as may be approved of by the judge of said court, conditioned for 
the faithful performance of his duties as treasurer of said drainage dis- 
trict, and that he will safely and faithfully account for all money that by 
virtue of his said office shall come to his hands. Which said bond when 
approved by the court shall be kept and preserved by said commission- 
ers, and suits may be maintained upon the same by them upon any 
breach of its conditions. 

" Section 30. It shall be the duty of said treasurer to keep proper 
books to be furnished him by the commissioners, in which he shall keep 
an accurate account of all moneys received by him, and of all disburse- 
ments of the same; he shall pay out no money, except upon the order of 
a majority of the commissioners, and shall- carefully preserve on file all 
orders for the payment of money given him by the commissioners, and 
shall turn over all books, papers, vouchers, moneys, and other property 
belonging to and in his hands, as ";such treasurer, to his successor in 
office. His term of office shall be two years, but he may be at any time 
removed by the court upon petition of a majority of the commissioners, 
or for good cause shown. He shall receive, as a compensation for his 
services, a sum fixed by the commissioners before his appointment. 

"Section 31. In case the assessments for benefits shall be payable in 
installments, such installments shall draw interest at the rate of 6 per 
cent, per annum, from the time of confirmation of the assessment roll un- 
til they are paid, and such interest may be collected and enforced as part 
of the assessment. 

"Section 32. The commissioners appointed by virtue of this chapter, 
shall not collect or receive any money for the purposes therein specified, 
until they shall have given bond, payable to the People of the State of 



122 DRAINAGE. 



Illinois, for the use of all persons interested, in a sum not less than twice 
the amount of the assessment for benefits payable in any one year, or 
may come into their hands or under their control during such year, with 
such security as shall be approved by the judge of the court, conditioned 
for the faithful application of all moneys that may be received by them, 
as such commissioners, and to make due account thereof to the court 
whenever required by law or order of court, which bond shall be filed in 
the court in which the proceedings are had. Such commissioners are 
hereby required to renew such bond, on or before the 15th day of Sep- 
tember, each year, after the appointment of them, or either of them. 

"Section 33. The commissioners, upon receiving such certified copy 
of such^ssessnient roll, or the treasurer of such district, shall immedi- 
ately cause a notice to be published for three weeks, in the manner re- 
quired in section 3 of this act, in substance as fo lows: 

Notice is hereby given to all persons interested, that an assessment (or installment of 
per cent, of the assessment, as the esse may be,) is now due tor drainage pur- 
poses for the 5'ear A. D. 18 , upon lands lying within the drainage dis- 
trict, in the county of , and State of Illinois, and the same must be 

paid to the undersigned commissioners of said drainage district (or to 

treasurer of said district, at his office in as the case may be,) on or 

before the day of , 18 ; and in default of such pay- 
ment, the several tracts of land upon which said assessment (or installment, as the case may 
be, ) remains unpaid, will be sold according to law, to pay the amount of such assessment, 
(or installment,) and costs. 

Dated this of , 18.... 

Commissioners (or Treasurer) . 

In case the assessments made are ordered by the county court to be 
paid in installments, said commissioners or treasurer shall give a like 
notice, as near as may be, of any installment or installments immediately 
after such installment or installments become due and payable, and in 
case of 'annual amount of benefits,' in drainage and levee districts, as is 
required by section twenty-six and one-half of this act, the commission- 
ers shall give notice in a similar 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 notice may be in sub- 
stance as follows: 

Notice is hereby given to all persons interested, that the ' annual amount of benefits' 

(or percent, of the 'annual amount of benefits,' as the case may be,) is now 

due for drainage and levee work 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 Vie paid to the undersigned commissioners of said 

district, (or to l , treasurer of said district, at his office in 

as the case may be, ) on or before the day of - 18 ; and in default 

of such payment, the several tracts of land upon which said ' annual amount of benefits, ' 
(or per cent, 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 (or Treasurer). 

Which notice shall be a sufficient demand for any assessment or in- 
stallment that may be due. 

"Section 3-t. If the assessment or any installment or installments 
thereof, or annual amounts of benefits, due upon said lands, > shall not 
be paid on or before the day named in the notice given in section thirty- 
three (33), of this act, it shall be the duty of said commissioners; if they 
have not appointed a treasurer as aforesaid, and if so, then of said 
treasurer, 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 



DRAINAGE. 12& 



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 iie in' different counties, a separate re- 
turn shall be made for each county of the delinquent lands therein; and 
it shall be the duty of the county collector to whom any such returns 
have been made, to transfer such returns to the tax books in his hands r 
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 
purpose, the amount of assessments 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 col- 
lection of such delinquent assessment or assessments, 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 im- 
pair any assessment or return of lands delinquent for assessment here- 
tofore made under any law of this State." 

§ 4. That said act to which this act is an amendment be, and the 
same is hereby further amended, by adding to said act another section, 
to be numbered section 34^-, as follows: 

" Section 34-^-. This act shall be liberally construed to promote the 
ditching, drainage and reclamation of wet or overflowed lands; and col- 
lection of assessments shall not be defeated by reason of any omission, 
imperfection or defect in the organization of any district, or in any pro- 
ceedings occurring prior to the judgment of the court, confirming the 
assessments of benefits and damages; but said judgment shall be conclu- 
sive that all prior proceedings were regular and according to law." 

§ 5. That sections 35, 36, 37, 38, 39, 40, 41, 42, 43 of the act afore- 
said to which this act is an amendment, be and each of them respectively 
so amended as to read, in their numerical order, as follows: 

"Section 35. Notwithstanding the returns of such delinquent list, the 
said commissioners, or their treasurer, shall be authorized to receive pay- 
ment of any such delinquent assessments and costs, and may give receipts 
for the same, but shall keep a memorandum of the same, and on or before 
the day of sale fixed by said county collector for the sale of such lands, 
shall present said memorandum or list to said county collector or col- 
lectors, for the purpose of having the same checked or marked paid on 
the delinquent list in his hands, and all amounts collected by the said 
county collector, by sales or otherwise, after deduction of his fees, shall 
be paid to the commissioners on demand. 

''Section 36. The commissioners, when qualified in pursuance of this 
act, may do any and all acts that may be necessary in and about the sur- 
veying, laying, constructing, repairing, altering, enlarging, cleaning, pro- 
tecting and maintaining any drain, ditch, levee or other work for which 
they have been appointed, including all necessary embankments, pro- 
tections, dams and side drains, clearing out and removing of obstructions 
from natural or artificial channels or streams within or beyond the limits 
of the drainage district, procuring or purchasing riparian rights by agree- 
ment with the owners thereof, and may use any money in their hands 



124 DEAIXAGE. 



arising from assessments for that purpose: Provided, that in all cases 
where the work to be done is the construction of the principal work, the 
cost of which will exceed five hundred dollars, the same shall be let to 
the lowest responsible bidder, and the said commissioners shall advertise 
for sealed bids by notice pub ished in some newspaper issued in the county 
in which the petition is filed, and if there be no newspaper issued or pub- 
lished in said county, then in the next nearest newspaper; which said notice 
shall particularly set out the time and place, when and where, the sealed 
bids will be opened; the kind of work to be let, and the terms of payment. 
Said commissioners may continue the letting from time to time, if in 
their judgment the same shall be necessary and may reserve the right to 
reject any and all bids. And said commissioners shall not, during their 
term of office, be interested directly or indirectly in any contract for the 
construction of any ditch, drain or levee, in such drainage district, nor in 
the wages of or supplies to men or teams employed on any such work in 
said district: Provided, further, that no levee, drain, ditch, or other 
work authorized to be constructed or made under this act, shall be con- 
structed or made in such a manner as to destroy or impair the usefulness 
or prevent the public use of any bay or harbor, or body of water used as 
a harbor, connected with any navigable stream. 

"Section 37. Said commissioners may use money arising from the 
collection of assessments, or coming into their hands as such commis- 
sioners, for the purpose of compromising suits and controversies arising 
under this act, and in the employment of all necessary agents and attor- 
neys in organizing said district, and for conducting other proceedings in 
law or equity for the same, and for the purpose of constructing or re- 
pairing or maintaining any ditch, ditches, drains, levee or levees within 
said district, or outside of said district, necessary for the protection of 
the lands and complete drainage of the same within such district: Pro- 
vided, that the commissioners shall use such money under the direction 
and approval of the court; and assessments from time to time may be 
levied on the land within any district when it shall appear to the court 
that the previous assessment or assessments have been expended or are 
inadequate to complete such work, or are necessary for maintenance and 
repair, or when it shall become necessary for the construction of any 
additional work, or the completion of any work already commenced 
within any drainage district to insure the protection or drainage of the 
lands in said district, under the order and directions of the court or 
justice of the peace, if the original proceeding shall be before a justice 
of the peace, on the petition of the majority of the owners of lands 
within said district who are of lawful age and represent at least one- 
third in area of such lands; or on the petition of the commissioners, ac- 
companied by an itemized statement of accounts made by the commis- 
sioners, under oath, showing the moneys received by the district and the 
manner in which they have been expended, together with plats, profiles 
of such additional work and estimated cost of the same; two weeks' 
previous notice of the time set for the hearing of said petition in the 
manner required by section three of this act, having been given. Upon 
the hearing of such petition the court may grant the prayer of the same, 
and with like proceedings and notice, as near as may be, as in cases of 
original assessments of damages and benefits under this act; and such 
additional assessment or assessments, when made, shall have the 



DRAINAGE. 125 



same force and effect and be collected in the same manner as origi- 
nal assessments: Provided, that when the right of way of the proposed 
ditches, drains or other work within any district has been released by 
the owners of the lands over which the same is located, or when the 
owners of the lands in such district, about to be assessed, agree thereto, 
or in case the court so orders, the commissioners of said district may 
make any assessments of benefits, or damages and benefits, in lieu of a 
jury; and all the proceedings required of a jury in such cases by this act, 
shall be required of and observed by the commissioners as near as may 
be in making such assessments. 

"Section 38. The commissioners may borrow money, not exceeding 
ninety per cent, of the amount of assessment unpaid at the time of bor- 
rowing, for the construction of any work which they shall be authorized 
to construct, or for the payment of any indebtedness they may have law- 
fully incurred under the provisions of this act, or to the act to which 
this is an amendment, and may secure the same by notes or bonds, bear- 
ing interest at the rate of not exceeding six percent, per annum, and not 
running beyond one year after the last assessment or installment of 
assessment on account of which the money is borrowed shall fall due, 
which notes or bonds shall not be held to make the commissioi ers per- 
sonally liable for money borrowed, but shall constitute a lien upon the 
assessment for the re-payment of the principal and interest thereof; or 
such bonds may be issued to the amount of ninety per cent, of any one 
installment, and constitute a lien on such installment alone, falling due 
within one year after such installment becomes due; such installment 
shall be particularly designated in such bonds. And the county court 
may, on the petition of the commissioners, authorize them to refund any 
lawful indebtedness of the district authorized by and created under this 
act, or the act to which this is an amendment, by taking up and cancel- 
ing all outstanding notes and bonds of such district, issued under this 
act or the act to which this act is an amendment, as fast as they become 
due, or before they shall become due, if the holders thereof will surren- 
der the same, and to issue in lieu thereof new notes or bonds of such 
district, payable on such longer time as the commissioners shall think 
proper, not to exceed in the aggregate the amount of all notes and bonds 
of such district then outstanding, and the unpaid accrued interest there- 
on; and the court shall have power, on the petition of the commissioners, 
to order that the collection of any one or more, or all of the installments 
of the assessments for benefits on account of which the money was 
borrowed, be postponed to such time as the court may consider proper 
and reasonable, when the same shall become due and payable; and such 
installment, or installments, so postponed, shall bear interest, until they 
shall become due, at the rate of eight (8) per cent, per annum, unless 
otherwise ordered by the court, but after they become due, they shall 
bear interest at the rate of eight (8) per cent, per annum: Provided, 
that such bonds and notes shall be made due and payable within one 
year after the last installment of the assessment postponed as aforesaid 
shall become due. The court shall have the power to make all needful 
orders to carry into effect the provisions of this act, and no irregularity 
in the proceedings, either before or after the organization of the district, 
or in the assessment of benefits, or in the extension of time for the pay- 
ment of the same, shall in any manner affect the validity of the bonds or 
coupons issued in pursuance of this act. 



126 DRAINAGE. 



"Section 39. All damages over and above benefits to any tract of 
land, shall be payable out of the amount assessed against other lands 
assessed for benefits, and shall be paid or tendered to the owners thereof 
before the commissioners shall be authorized to enter upon his land for 
the construction of any work thereon. In case the owner is unknown, or 
there shall be a contest in regard to the ownership of the land, or the 
commissioners cannot, for any reason, safely pay the same to the owner, 
they may deposit the same with the clerk of the court, and the court 
may order the payment thereof to such party as shall appear to be enti- 
tled to the same. The damages assessed under this act, in favor of any 
tract or tracts of land in such district, shall be in full compensation to 
the owner thereof, their heirs or assigns, for the perpetual right of way, 
as located by the commissioners over such lands, of any ditch or ditches, 
open or covered, levee or other work, including the right of the commis- 
sioners, their employes or contractors, with teams, tools or machinery 
to enter upon such lands and construct such work, and, if necessary, to 
repair or enlarge the same; and any person who shall wilfully prohibit 
or prevent any of the aforesaid persons from entering such lands for the 
purpose aforesaid, shall be fined in a sum not to exceed twenty-five 
dollars ($25) per day, for such hindrance, to be collected as other fines. 

"Section 40. The court may, for good cause, at any time remove any 
-commissioner appointed by it, and appoint another in his place, and may 
fill all vacancies caused by death, resignation, removal or otherwise. 

"Section 41. The commissioners shall, as often as once in each year 
after their appointment, and as much oftener as the court shall require 3 
make a report to the court, showing the amount of money by them col- 
lected, and the manner in which the same has been expended; and upon 
the filing of such report, the court shall set a time not exceeding three 
weeks from such filing when such report shall be heard; and the com- 
missioners shall give at least ten days' notice thereof, by posting written 
or printed notices in not less than four of the most public places in the 
district, and one at the door of the court house of the county in which 
said district was organized. Upon the time fixed the court shall hear 
said report and all objections thereto, or may continue such hearing to 
another time fixed; and upon hearing such report, may require evidence, 
to be produced by the commissioners, in support thereof, and if found 
correct may approve such report. Upon the failure of the commissioners, 
or either of them, to make such report, to the satisfaction of the court, 
as required by this section, such commissioner or commissioners on the 
application of any person interested, or the court without such applica- 
tion, shall remove such commissioner or commissioners from office'. 

"Section 42. The commissioners shall receive for their services the 
sum of two dollars per day and their necessary traveling expenses, for 
each day they shall be actually engaged in the business of their office. 
The commissioners shall present an itemized account, under oath, to the 
county court, or justice of the peace when the proceedings are 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 jus- 
tice 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. But such itemized 
account or accounts shall be subject to the approval of the court as pro- 
vided by section 41 of this act. The clerk of the county court and [the] 



DRAINAGE. 127 

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, that when the proceedings 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 other- 
wise specially provided for. 

"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 overflow, or has never been 
overflowed by the highest water known, or that the assessment is too 
high, and that no bonds have been issued by the district which are a lien 
on said assessments, and praying that the said lands, in whole or in part, 
may be released from the assessment made or to be made in the future, 
the court may, after ten days' notice of the filing of such petition being 
given to the commissioners, at any term of court, probate or common 
law, proceed to hear said application, granting such continuance 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 is not subject to overflow, or 
has never been overflowed by the highest water known from the stream 
against which the levee in question has been constructed, or that the 
assessment is too high, 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 (if said land or any 
part' thereof is 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 bene- 
fits received by the whole tract, and no more than the whole tract should 
pay for sanitary benefits towards constructing and maintaining the levee, 
[approve] the assessment roll returned by the jury in conformity to the facts 
found, and such part shall thereafter be discharged from all other assess- 
ments, 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 a pe- 
tition for the correction of any assessments heretofore made, shall be 
filed within a year after this act shall take effect, and as to assessments 
thereafter made, such petition shaU be filed within one year after the 
confirmation of the assessment: And, provided, that where such peti- 
tion shall be for the correction of an assessment heretofore made, the 
proceedings had thereon shall be at the cost of the petitioner : And, 
provided, further, that this section shall not apply to districts organized 
for the purpose of establishing a combined system of drainage independ- 
ent of levees." 

§ 6. That sections 43£ 44, 44J-, 45, 46, 4V, 48, 49, of the act aforesaid 
to which this act is an amendment, be and the same are hereby revised 
by changing the numbers thereof, that is to say, section 43^- shall be 
known as section 44 ; section 44 of said act as section 45 ; section 44-^ 
as section 46 ; section 45 as section 47; section 46 as section 48 ; sections 
47, 48, 49, as sections 49, 50, 51 ; and that each of said sections be so 
amended as to read as follows : 

"Section 44. At any time before the contract shall have been made 
for the construction of any drain, ditch, levee or other work provided for 



128 drainage. 



in the report of the commissioners, or the order of the court made in 
pursuance thereof, which is sought to be abandoned as hereinafter pro- 
vided, upon petition of the majority of the adult land owners of the 
district, representing one-third the area, the county court may, if upon 
due inquiry it shall be satisfied that justice towards all the land owners 
of said district require it, direct the commissioners to abandon any 
drain, ditch, levee or other work, or any part thereof, mentioned in such 
report or order. Upon the filing of any such petition, it shall be set 
down for hearing by the court, and notice of the filing of such petition, 
and of the nature of the relief sought by the petitioners, shall be given 
for the length of time and in the manner (so far as applicable to the 
nature of the proceeding) required by section three (3) of the act to 
which this is an amendment. The court may, for good cause, after the 
proof of notice as aforesaid, continue the hearing of such application 
from time to time, and any person or persons interested may 
appear and resist such app ication ; and the court, after full hearing of 
all material facts pertaining thereto, may make such order in the prem- 
ises as shall appear to the court to be just. If the court shall determine 
that any portion of the proposed work shall be abandoned, it shall ascer- 
tain to what extent the cost of said proposed works will be diminished 
thereby, and if the assessments for benefits shall have been made, such 
portion of said assessments shall be abated in such uniform proportion 
as such change of plans shall render unnecessary for the completion of 
such works according to such modified or altered plans; and if any lands 
shall have been assessed by the commissioners which, on account of such 
change of plans, will be wholly 1 deprived of the benefits contemp'ated 
in the original plans, the court shall order that the entire assessments 
against such lands be abated. If such order shall be made after the 
assessment shall have been collected, the court shall order such propor- 
tion of said assessments as may be abated to be refunded to the persons 
who may have paid the same, or their lawful representatives, and for 
non-compliance with such order the commissioners, and the treasurer of 
said district, respectively, and their sureties, shall be liable upon their 
respective bonds. And the court may make any other or further order 
in pursuance of the objects of this section of this act, as justice to ail 
persons whose interest may be affected by it may require. And at any 
time before the contract for the construction of the proposed works shall 
have been made, upon presentation to the county court of a petition 
signed by owners, not less than two-thirds in number of all the land 
owners of such district, and owning more than one-half in area of lands 
assessed for benefits in the district to which the petitioners belong, 
whose aggregate assessments amount to not less than one-half the cost of 
the proposed works, and all debts and expenses incurred up to the time 
of filing such petition, praying that the whole system of proposed works 
maybe abandoned and the district abolished, the court shall enter upon 
its records an order granting the prayer of such petition, upon condi- 
tion that the petitioners pay all costs, and the debts and expenses afore- 
said, within ten (10) days from the rendition of such order, the amount 
of such costs, debts and expenses to be fixed and determined by the court 
and made a part of said order. If such petitioners fail to comply with 
such order, it shall be considered, after the expiration of said ten (10) 
days, as of no force or effect whatever. If the district be abolished un- 
der this sectiou, assessments collected shall be refunded to the persons 



DRAINAGE. 



129 



who have paid the same, or their representatives. All of the provisions 
of this act shall apply, so far as the same can be applied, to all drainage 
districts heretofore organized under the jurisdiction of justices of the 
peace, in pursuance of the provisions of the act to which this act is an 
amendment. 

" Section 45. The commissioners from the time of their appointment 
may go upon the lands lying within said district, for the purpose of 
examining the same, and making plans, plats and surveys, and after the 
organization of said district, and payment or tender of compensation al- 
lowed, may go upon said lands, with their servants, teams, tools, instru- 
ments or other equipments, for the purpose of constructing such pro- 
posed work, and may forever thereafter enter upon said lands as afore- 
said, for the purpose of maintaining or repairing such proposed work, 
doing no more damage than the necessity of the occasion may require; 
and any person or persons, who shall wilfully prevent or prohibit any 
of such persons from entering such lands for the purposes aforesaid, shall 
be fined any sums not exceeding $25 per day for each day's hindrance, 
to be recovered in an action of debt in favor of such drainage district, 
before any justice of the peace, or court of competent jurisdiction, which 
sum shall be paid into the treasury for the use of said district. 

" Section 46. 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 additional drains, 
ditches or levees in order to protect the lands embraced 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, may, by their agents and employes, enter 
upon and take possession of such lands as may be necessary to con- 
struct 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 owners of such lands and the 
commissioners 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 commis- 
sioners 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 pro- 
vided by any law of eminent domain. And the commissioners of said 
drainage and levee districts, when .necessary 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. 

"Section 47. When an assessment has been made as provided in the 
preceding sections, and annually hereafter, it shall'be the duty of the 
commissioners to provide suitable books, with proper headings and 
columns, in which shall be inserted, according to township and range, 
the several tracts of lands against which assessments are to be carried 
out, the names of the owners if known, the number of acres to be as- 
sessed, the total amounts of assessments and for what year, and a column 
for payments, and if any assessments shall remain due and unpaid after 
the time mentioned in the notices to be given as provided in section 33 
of this act, it shall be the duty of said commissioners or treasurer to 

—9 



130 DRAINAGE. 



make a list of the lands upon which such assessment has not been paid, 
and deliver such list or lists to the county collector of each county in 
which such lands may respectively lie, to be by him collected as hereto- 
fore provided. And the commissioners shall also, at the expense of the 
district, keep a well bound book, to be known as the 'drainage record,' 
which shall at all times be open for inspection to parties interested, in 
which one of their number, as secretary, shall record the proceedings of 
every meeting thereof. They shall hold such meetings on the first Tues- 
days of March, May, July and September of each year, or oftener, if 
necessary. They shall make a brief memoranda, in such record, of all 
their transactions concerning the district. If bonds have been issued, 
and sold as a lien on any particular installment of assessments, or a gen- 
eral lien on all; or contracts have been let on any section or division of 
work; or orders issued on the treasurer; or materials or tools purchased; 
or warrants for service of a commissioner issued by the clerk; or sums 
paid, by order, for work done; all such proceedings and any other par- 
ticular matter or transaction of such commissioners shall be carefu ly 
entered upon such record, and the dates, amounts, and proper descrip- 
tions of such doings shall at all times be observed in making such memo- 
randa. Said commissioners shall also take and preserve proper vouchers 
for all orders given by them on the treasurer. 

"Section 48. When the costs of any proposed drain, ditch, levee or 
other work authorized by this act to be done, will not exceed the sum of 
two 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 if the drainage dis- 
trict is situated in two or more townships or precincts, the petition shall 
be filed with the justice of the peace in the township or precinct where 
a 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 before 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 assessments of damages and benefits shall be conducted 
before such justice in the same manner, as near as may be, as cases com- 
menced by petition before such county court. In proceedings before a 
justice of the peace under this act, the petition, report of 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: Provided, that such justice, 
of the peace shall not have jurisdiction to hear objections to the assess- 
ment roll confirmed by the jury; but immediately after such confirma- 
tion he shall file the same in his office and make a brief memorandum of 
such filing on his docket, and he or the commissioners shall, within ten 
days from such confirmation, present and file said assessment roll for con- 
firmation in the office of the clerk of the county court of the county in 
which the greater part of the lands in such district are situated; and like 
proceedings shall be had with the same by the county court as in cases 
of assessments made by a jury in districts organized in said court. 

"Section 49. When the proceedings for organization shall be had 
before a justice of the peace, the justice of the peace shall appoint three 
commissioners, residents of the township or precinct in which the district 
is situated, to lay out and construct such work, and perform the duties 



DBAINAGE. 131 



required of commissioners appointed under this act; and such commis- 
sioners, appointed as aforesaid as provided in this act, shall have all the 
power and authority and may perform all acts, and shall discharge all 
the duties imposed upon or required of commissioners appointed by the 
county courts as herein jDrovided; and the said commissioners so appoint- 
ed by the justice of the peace as aforesaid, as provided by this act, shall 
receive for their services the same compensation as herein provided to be 
paid to commissioners appointed by the county court, and before enter- 
ing upon their duties shall be duly sworn as required by section six of 
this act. 

"Section 50. If any commissioners shall refuse or neglect to discharge 
any of the duties imposed upon him, by virtue of this act, he shall, for 
every such refusal or neglect, be liable to the party aggrieved for all 
damages sustained by him, and upon conviction, may be fined in any 
sum not exceeding one hundred dollars ($100), and be removed from his 
office. 

"Section 51. When a ditch or drain of a district has been located 
under the provisions of this act, of sufficient capacity to carry off the 
water that flows into it, and also to properly drain the land taxed for the 
construction of the same, such land shall not again be taxed or assessed 
for the benefit of improving any lands of any drainage district lying 
above the lands assessed for the construction thereof; and in all cases 
where any such ditch of such upper district empties into any lower ditch 
above described of such lower district, for the benefit of lands lying 
above the v d itch of such lower district, the commissioners of such upper 
district, or other commissioners appointed by and iinder the direction of 
the court, shall levy a sufficient tax on such land of the upper district 
benefited by the lower ditch to enlarge such lower ditch or ditches, so as 
to confine the water to the same level that it originally had before an ad- 
ditional amount of water emptied into such lower ditch for the benefit 
of lands lying above the lower ditch." 

§ 1. That said act to which this act is an amendment, be and the 
same is hereby further amended by adding to the same, additional sec- 
tions, to be numbered as sections 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 
63, 64, 65, 71, 12 and 73, as to read as follows: 

"Section 52. Whenever any district empties its waters into the ditch 
or ditches of such lower district in the manner described by the pre- 
ceding section, or floods the lands of such lower district, it shall be the 
duty of the commissioners of such lower district, in case the matters in 
difference between such districts, respectively, cannot be adjusted with- 
out suit, to file a petition for relief in the county court in which such 
district was organized, against such upper district, setting forth such 
facts and other matters under which the petition claims relief under this 
and the preceding section, alleging the probable cost of enlarging such 
lower ditch or ditches in such lower district, and the excavations neces- 
sary to enlarge such ditch or ditches, or construct additional ditches so 
as to accommodate the ditch or ditches of such upper district, which 
estimate shall be sworn to by at least two of the commissioners of such 
lower district. Upon the filing of such petition, the usual common law 
summons will issue thereon out of said court, against such upper dis- 
trict, which shall be served upon the defendants therein, as in common 



132 DRAINAGE. 



law cases, and the same rules of practice now in force in common law 
cases as to the service and return of such summons, or the continu- 
ance of such cause, shall apply in this case. 

"Section 53. Upon the hearing of said cause the court or jury shall 
determine from the evidence what sum, if any, the petitioners should 
recover from the defendants ; and should the verdict he in favor of the 
petitioners the court shall give judgment on the verdict for the amount 
of such verdict and costs of suit, and shall thereupon appoint three dis- 
interested freeholders as special commissioners, who shall, for the pur- 
poses named in this section, act as the corporate authorities of such 
upper district, who, heing sworn as required by section 63 of this act, 
shall go upon the lands of such upper district and make special assess- 
ments of benefits necessary to raise the amount of such judgment against 
the lands benefited by the proposed enlargement of the ditch or ditches 
and the construction of such additional work therein named in such lower 
district. Said commissioners shall make such assessments of benefits 
and hear objections thereto after notice thereof in the manner provided 
by this act for assessments of benefits by a jury in drainage districts; and 
shall report such assessments to the county court for confirmation within 
ten days from the time such commissioners shall have confirmed the 
same; and all practice and proceedings in confirming the same by the 
court, and enforcing the collection thereof, shal 1 take place thereon as 
herein before provided in like cases, and when said assessments are col- 
lected they shall be paid to the commissioners of such lower district. 

"Section 54. Whenever it shall appear to the jury or commissioners, 
in case they make the assessments, that a drain, ditch, levee, or other 
work has been in whole or part constructed by voluntary effort of the 
owners thereof, for the purpose of draining or protecting any lands 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 or commissioners, if the commissioners 
make the assessment, may allow the owners of such lands, 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 benefited: Provided, that no memorandum of 
the amounts so deducted shall be required on the assessment roll. 

"Section 55. When a ditch, drain, or levee, or other work established 
or repaired, or a combined system of drainage, is located by the report 
of the commissioners, confirmed by the court or justice of the peace, 
under this act, drains or levees, or proposes to drain or levee, 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 or other property 
of such road will be improved by the construction of said ditch, drain or 
levee, the commissioners shall apportion to the county, State, or [if a] 
free turnpike road to the township, if a township road, to a company, if 
a corporate road or railroad, such portions of the cost and expenses 
thereof as to private individuals, and give to the corporate authorities so 
benefited or proposed to be benefited, or their agents, at least ten days' 
written notice thereof prior to the time fixed by the jury or commission- 
ers for hearing objections to the assessment roll, and in case there is a 
disagreement between the commissioners and the corporate authorities of 



DRAINAGE. 133 



the county, State or free turnpike road or railroad as to the amount they 
should contribute, then the commissioners shall refer the matter to the 
jury empaneled to assess damages and benefits, when they meet to cor- 
rect their assessments 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 by this section and by section nineteen 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 contri- 
bute, that the amount so agreed on shall be reported to the said jury, or 
commissioners, as the case may be, when they meet to correct their 
assessment roll, and the amount so agreed on shall be incorporated into 
said assessment roll when amended by said jury or commissioners: And, 
provided, further, that the amount so assessed against any railroad com- 
pany or private corporation shall, upon the confirmation of the assess- 
ment roll by the county court, become a lien upon the real property of 
such railroad company or private corporation, and have the same force 
and effect as a judgment at law in favor of such district against such 
railroad company or private corporation, and execution may issue thereon 
as upon judgments in courts of record in other cases, and shall have a 
like lien upon personal estate. Appeals from such findings shall be 
allowed as in other cases of assessments under this act. The ten days' 
notice in writing required by this section shall be served by the sheriff 
in the manner provided by law for the service of process issued from 
courts of record against an incorporated company, county, town, or com- 
missioners of highways. In case such assessment is made against any 
township in this State, the commissioners of highways of such town shall 
cause the same to be levied and paid to said district in the manner provi- 
ded by sections thirteen, fourteen, fifteen and sixteen of an act entitled 
'An act in regard to roads and bridges in counties under township organ- 
ization, and to repeal an act and parts of acts therein named,' approved 
June 23, 1883, or in such manner as may now or hereafter be provided by 
law: And, provided, further, that the sum assessed against either of 
said corporations sha'l not include the expense of constructing, erecting 
or repairing any bridge, embankment or grade, culvert or other work of 
the roads of such corporations, crossing any ditch or drain, constructed 
on the line of any natural depression, channel or watercourse; but the 
corporate authorities of such road or railroad are hereby required, at 
their own expense, to construct such bridge, culvert, or other work, or 
to replace any bridge or culvert temporarily removed by the commission- 
ers in doing the work of such district. Full power and authority is 
hereby given the drainage commissioners to remove such bridges or cul- 
verts for the purposes aforesaid, if they, in their judgment, find it 
necessary. 

"Section 56. When any ditch or drain or other work of enlarging 
any channel or water course is located by the commissioners on the line 
of any natural depression or water course, crossing the road of any rail- 
road company where no bridge or culvert or opening of sufficient 
capacity to allow the natural flow of water of such ditch or water 
course is constructed, it shall be the duty of the commissioners to give 
notice to such railroad company to construct or enlarge such bridge or 
culvert or opening in the grade of such road, for such ditch or ditches 



134 DRAINAGE. 



or other work, of the dimensions named in such notice, within twenty 
days from the service thereof; and any railroad company neglecting, fail- 
ing, or refusing so to do, shall be liable to any owner of land in such 
district, for all damages to such land sustained by such neglect or re- 
fusal; and shall be liable to such district in the sum of twenty-five dol 
lars ($25) for each day said company shall have neglected or refused to 
construct such work, after the time fixed in such notice for constructing 
the same shall have expired, which damages or penalty may be recov- 
ered before a justice of the peace, if within his jurisdiction, or before 
any court of competent jurisdiction. 

"Section 57. The word ' ditch,' when used in this act, shall be held 
to include a drain or watercourse, and the petition for any drainage dis- 
trict shall be held to mean and include any side, lateral, spur or branch, 
ditch, drain, open or covered, or tiled or watercourse to be constructed to 
secure the object of such petition, whether the same is mentioned therein 
or not; and this act shall extend to and include the widening, straight- 
ening, or deepening of streams and natural watercourses, or removing 
drift-wood and rubbish therefrom. 

"Section 58. Any land lying outside the drainage district as organ- 
ized, the owner or owners of which shall thereafter make connection 
with the main ditch or drain, or with any ditch or drain within the dis- 
trict as organized, or whose lands are or will be benefited by the work of 
such district, shall be deemed to have made voluntary application to be 
included in such drainage district: and thereupon the commissioners 
shall make complaint in writing, setting forth a description of such land or 
lands benefited, and amount of benefits; the name of the owner or owners 
thereof, also a description of the drain or ditch making connection with 
the ditches of such district, as near as may be; and file said complaint in 
the county c^urt or before a justice of the peace. The court or justice 
of the peace shall fix a day, not less than fifteen days from such filing, 
when he shall hear such complaint; and thereupon the commissioners shall 
give ten days' notice thereof in writing; said notice shall embrace a copy 
of such complaint, and service thereof shall be by reading or delivering 
a copy thereof to such owner or owners; and affidavit of such service shall 
be evidence thereof. At the time fixed, or at a time continued from such 
time fixed, the court or justice of the peace shall hear said cause, and if 
the complaint is before a justice of the peace, and judgment is rendered 
in favor of said district, he shall record, a copy of said complaint, and 
service of notice thereof, together with his judgment thereon, upon bis 
docket, and if the district was organized before the county court, he shall 
transmit a certified copy of such complaint and judgment to the clerk 
of such court, who shall file and record the same, or if the complaint was 
heard by the county court in which such district was organized, and judg- 
ment given in favor of said district, a record of such judgment giving a 
discription of such lands annexed shall be made, and such lands, described 
in the complaint in either case, shall be deemed a part of such dis- 
trict and shall be assessed as other lands therein. The assessment of 
benefits against such lands so added to said district, maybe made at any 
time the commissioners may deem proper; and the assessment roll there- 
of shall be filed and recorded and proceedings thereon had as in other 
cases; or such lands may be assessed when all lands throughout the dis- 
trict are assessed. 



DRAINAGE. 135 



"Section 59. If, after an assessment of lands throughout the district 
has been made for the purpose of constructing the work laid off accord- 
ing to the profiles, plats and specifications of the commissioners, as re- 
ported and confirmed, it shall appear to the commissioners, on applica- 
tion of some owner or owners of land in the district, that additional 
ditches, drains, outlets, or other work over other lands, are needed in 
order to afford complete drainage by outlets, or protection to some par- 
ticular tract or tracts of land of such owner, it shall be the duty of the 
commissioners to examine such lands, and lay off and make plans, 
profiles and specifications of such additional work and costs of the same, 
and make a special report thereof, and file the same in the county court. 
Such report being filed, the commissioners shall give the owner who 
made such application, and other persons interested in such tracts of land 
over which the proposed ditches or drains are sought to be constructed, 
ten days' notice of the filing of such report, stating that the commis- 
sioners will appear at a day mentioned in said notice and ask said court 
for a confirmation of such special report, and upon confirmation thereof 
by the court a special assessment of benefits and damages shall be made 
upon the particular lands benefited by the proposed work, by the com- 
missioners or a jury; and like proceedings shall be had therein as in other 
cases of assessments of benefits and damages provided by this act, which 
special assessment of damages and benefits shall be recorded and made a 
part of the general assessment roll. 

"Section 60. Whenever it shall appear to the court that any pro- 
ceedings for the organization of a drainage district, or any assessment 
of damages or benefits under this act, or any law of this State, is inva- 
lid as to one or more tracts of land, jointly or severally owned, situated 
in such district, or any tract of land has been omitted from such assess- 
ment by reason of cLerical]error or other mistake, or want of the proper 
notice or notices, as required by the act to which this act is an amend- 
ment, such want of notice shall not invalidate such organization, neither 
shall such assessment of benefits be lost to the district; but the com- 
missioners of such district may file a petition against the owner or own- 
ers, his heirs or assigns, of such lands irregularly assessed or omitted, in 
said court, describing in such petition the boundaries and name of the 
district, the land owned by defendants, the amount of damages and bene- 
fits assessed in favor of and against such lands, reciting such irregularity 
of notice and omissions and praying the defects and omissions may be 
cured, and such assessment be made valid, and that the lands omitted, 
if any, may be assessed, or made a part of the district as the case 
may be. 

"Section 61. Upon the filing of such petition, process of summons 
shall be issued thereon, made returnable to said court, and served ten 
days before the next succeeding term thereof, or continued, as the case 
may be, for service, in the manner now provided by law for issuing and 
service of summons in chancery cases; and in case the defendants, or 
either of them, are non-residents of this State, a like proceeding and 
practice shall be had, and notice by publication shall be given as pro- 
vided by such law in chancery cases. In case any defendants are ' 
minors, the court shall appoint a guardian ad litem, who shall appear 
and defend in behalf of such minors; and every defendant served or 
notified as required by this act shall by his answer show cause why the 



136 DRAINAGE. 



prayer of the petition should not be granted; and in default of such 
answer the court shall give judgment according to the prayer of such 
petition. In case the defendants file such answer, the court, on the trial 
of said cause, shall hear oral or written evidence, and give judgment 
therein, as in cases of equity, and may grant the prayer of such peti- 
tion: Provided, in case the petition asks to make valid an assessment of 
damages or benefits, or to make assessments in favor of or against lands 
omitted, the defendant, if he demands it, shall be entitled to a jury to 
view the premises, and make assessments de novo, or make assessments 
omitted, as to the lands named in the petition, and the jury shall be 
sworn and shall proceed in the manner provided by this act, as near as 
may be, for making assessments, and make a special assessment roll as 
to the lands named in the petition, and file the same in the county 
court within the time now provided by this act for such return and fil- 
ing, and such further proceedings and confirmation shall be had therein 
as provided in this act in cases of other assessments; and the defend- 
ants may appeal from the confirmation of the jury or judgment of the 
county court, upon the same conditions provided by this act for appeals 
from judgment in other cases of assessment of damages and benefits. 

"Section 62. On the first .Monday of September, 1885, in each dis- 
trict heretofore organized under this act, and on the first Monday of 
September, after any district may be hereafter organized under this act, 
the county court shall appoint three commissioners for each respective 
district; one to serve one year, one for two years, and one for three 
years from the date of the first appointments under this section; and on 
the first Monday of September of each year thereafter, the court shall 
appoint one commissioner of said district, who shall hold his office for 
three years and until his successor is chosen and qualified. 

" Section 63. Each commissioner shall within ten days after his ap- 
pointment take and subscribe the oath required by section six of this 
act, and file the same with the clerk of the county court. And before 
making assessments as herein provided, the commissioners shall take and 
subscribe an oath substantially as follows, viz: 

We commissioners of district, do solemnly swear 

(or affirm) that we will faithfully and impartially pei-fo rm the duties required of us, to the 
best of our understanding 1 and judgment, and make assessments of damages and benefits, 
(or benefits, as the case may be) in favor of or against the lands in said district, according 
to law. 

Which oath or affirmation, so subscribed, shall be filed with the clerk 
of the county court. 

"Section 64. Each bond issued as provided for by section 38 of the 
act to which this act is an amendment, shall be attested by the clerk of 
the county court, and said clerk shall also make a certified statement 
thereon, affixing his seal of office thereto, of the total amount of assess- 
ments and rate of interest it bears, pledged for the payment of said bond 
and other bonds, if any issued; the date, number, denomination and time 
due of all bonds issued which are a lien upon the assessments or install- 
ments of assessments of the district; when the assessments were confirmed 
by the county court, and the number of acres of land in the district 
against which said assessments were made. 

"Section 65. Whenever a petition, signed by the owners of lands 
situated in any drainage district organized under any law of this State, 
other than the act to which this is an amendment, equal in number to 



DRAINAGE. 137 



one-fifth of the adult owners of lands in such district, shall be presented 
to the town clerk of the township in which the lands of such district, or 
a major part thereof, lie, or the commissioners of any drainage district 
not under township organization, praying to submit the question whether 
such district will become organized as a drainage district under this act, 
to the decision of the adult owners of lands in such district, it shall be 
the duty of the town clerk, or such commissioners, to submit the same 
accordingly; and to fix the time and place within such district for hold- 
ing such election, and make a record thereof; and to appoint the three 
judges to hold such election; and to give notice of the time and place 
and purpose of such election, by causing at least five notices thereof to 
be posted in public places in such district, for at least fifteen days prior 
to holding such election. Each owner residing within or out of such 
district, shall have the right to cast a ballot at such election, with the 
words thereon, 'for organization under the drainage and levee act,' or 
'against organization under the drainage and levee act.' The judges of 
such election shall be sworn as required bylaw in force concerning State 
and municipal elections, and shall make returns of the poll-books of such 
election, as soon as practicable after the election is held, to the clerk of 
the county court of the county in which such district or the greater part 
of the lands thereof are situated; or, to the justice of the peace of the 
precinct in which such drainage district is situated, if the first assessment 
of such district did not exceed the sum of one thousand dollars. The 
clerk of the county court or justice of the peace, to whom such returns 
have been made, shall canvass such returns and cause a statement of the 
result of such election to be entered of record, and if a majority of the 
votes are 'for organization under the drainage and levee act,' the officer 
canvassing such returns, shall send a certified copy of such record to the 
town clerk, or other officer having in his custody the records of such dis- 
trict, whose duty it shall be to file and record such certified copy of the 
result of such election, in the drainage record of such district; and such 
district shall, from henceforth, be deemed to be duly incorporated as a 
drainage district, under this act, and all further proceedings and work of 
such district shall, thereafter, be in the manner provided by this act, but 
the officers of such district, then in office, shall continue as like officers of 
such district, until their successors shall be appointed and qualified, 
under the provisions of this act. It shall be the duty of the drainage 
commissioners, treasurer and other officers of any drainage district, 
whose terms of office expire by reason of adopting the organization under 
this act, or whenever a successor or successors to any or either of the 
officers provided by this act shall have been appointed and qualified, to 
transfer and deliver all moneys, books and papers appertaining to his 
office, to such successor or successors in office." 

"Section 71. All drainage districts heretofore organized under the 
act to which this act is an amendment, for drainage and levee purposes, 
or to establish a combined system of drainage in such district, or for 
either of such purposes, in whole or part, be and the same are hereby de- 
clared legally organized, and all such districts shall be held to have 
been and to be legally organized, under the laws of this State. 

"Section 72. In case any person assessed for benefits, contracts to do 
any work, and said work is done according to contract, the commission- 
ers shall give said person a receipt for so much of said assessment as 
said work amounts to, and said receipt may be received by the treasurer 



138 ELECTIONS. 



as payment of so much of said assessment: Provided, that when bonds 
have been issued by said district, such contractor shall have an order on 
the funds in the hands of the treasurer for said amount. 

''Section 73. The act to which this act is an amendment, except as 
herein expressly provided, shall app'y to 'drainage and levee districts' 
and districts organized for the purpose of establishing a combined sys- 
tem of drainage independent of levees." 

§ 8. That sections numbered from 50 to 65, both inclusive, of the act 
to which this act is an amendment, be and the same is [are] hereby re- 
pealed; but the repeal of said sections shall not affect any suits that may 
be pending or any rights that may have accrued at the time this act shall 
have taken effect; and this section shall not be construed to repeal sec- 
tions forty-eight and forty-nine of said act, known in this act as sections 
fifty and fifty-one, and above recited as amended in full; nor shaU this 
section be construed to repeal sections numbered from fifty-two to sixty- 
five, both inclusive, which are above recited at large, as additional sec- 
tions of the act to which this act is an amendment. This act shall not be 
construed to interfere with the execution and enforcement of other laws 
on the subject of drainage passed by this General Assembly. 

Approved June 30, 1885. 



ELECTIONS. 



CLERK CRIMINAL COURT OF COOK COUNTY. 
§ 1. Amends see. 20, act 1872, by changing time of election to November, 1886. 

An Act to amend section 20, of an act entitled "An act in regard to elec- 
tions, and to provide for filling vacancies in elective offices,'''' approved 
April 3, 1872, in force Jidy 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That section 20, of an act entitled 
"An act to provide for the filling of vacancies in elective offices," ap- 
proved April 3, 1872, and in force July 1, 1872, be and the same is hereby 
amended so as to read as follows: 

"Section 20. The clerk of the criminal court of Cook county shall be 
elected on Tuesday next after the 1st Monday of November, 1886, and 
every four years thereafter. 

Approved June 30, 1885. 



ELECTIONS. 



139 



CITIES, TOWNS AND VILLAGES. 



Article 1.— Adoption. 

1. Petition to county court to submit to 
vote the proposition for adoption, in 
cities. 

2 Notice by court for an election by pub- 
lication; returns of such election: 
blanks furnished by the county clerk ; 
canvass of votes; penalties for neg- 
lect of duty Dy county clerk; expenses 
of election paid by county. 

3. Form of ballot. 

4. Ballots printed upon tickets of can- 

didates for office; separate ballot may 
be voted; counting ballots for or 
against proposition. 

5. Canvass of ballots by election judges. 

6. Canvass of ballots by election judges; 

manner of procedure. 

7. Tally sheets used by judges and clerks 

of election. 

8. Returns of election made in triplicate; 

to whom made; tally sheets returned; 
delivery of returns and tally sheets by 
the judges of election to the persons 
addressed; receipts and safe keeping. 

9. Watchers of the canvass. 

LO. Canvass of the returns by the county 
judge and two electors who shall con- 
stitute the canvassing board ; declara- 
tion of the result; copy of order for 
the adoption of this act filed in the 
office of the Secretary of State. 

11. Penalties imposed for neglect of duty 
or for interfering in any unlawful 
manner with the returns, by judges 
or clerks of election. 

L2. Officer in charge of returns guilty of 
theft thereof , when; penalties. 

13. Other offenses in the conduct of elec- 
tions under this article, regulated by 
the laws of the State. 

L4. Adoption of this act by any incorpo- 
rated town or village in this State; 
petition. 

L5. After adoption of this act by any city, 
town or village; laws applicable. 

Art. 2.— Election Commissioners. 

L6. Appointment of election commission- 
ers by the county court ; term of office ; 
vacancies. 

IT. Selection of commissioners from lead- 
ing political parties. 

L8. Removal of commissioner by the 
county court. 

L9. Organization of the board of commis- 
s'oners; oath of office and bond ; office 
opened ; business hours ; county clerk 
shall turn over to the board all elec- 
tion books, papers, etc., in his hands 
relating to elections. 

50. Registry books, ballot boxes, poll 
books, tally sheets, blanks and sta- 
tionery provided by the board of com- 
missioners. 

21. Chief clerk of the board and other 

clerical assistance. 

22. Election precincts organized; number 

of voters in each precinct. 

23. Registry of voters. 



§ 24. Appointment of judges and clerks of 
election in each precinct. 

§ 25. Notice to judges and clerks of selec- 
tion and examination ; term of office ; 
record of names of judges and clerks; 
exemption from jury duty; penalty 
for refusing to serve if qualified. 

§ 26. Judges and clerks selected from each 
of the two leading political parties in 
each precinct; veto power of the com- 
missioners; in disagreements in regard 
to appointments, how selected; re- 
fusal to serve as judge or clerk; prose- 
cution by commissioners; in default 
of which, liable to removal. 

§ 27. Representation of leading political 
parties in the selection of judges and 
clerks of election in each precinct. 

§ 28. Confirmation of appointment of judges 
and clerks by the county court; notice 
of application for confirmation by 
publication; objections to be filed; 
filling vacancies if any exist; com- 
mission shall issue upon confirmation ; 
judges and clerks officers of the court; 
appointments when too late for con- 
firmation by the court; removal of 
judges or clerks by the commissioners 
for neglect of duty; appointments 
and confirmation must be made 30 
days before the election; appoint- 
ments or removals within five days 
of an election. 

§ 29. Oath of office by judges and clerks; 
form of oath. 

§ 30. Polling places and places of registry 
fixed by the commissioners; places 
where intoxicating liquors are sold 
prohibited. 

§ 31. Clei-ks of court shall furnish to com- 
missioners monthly the names of 
persons convicted of penitentiary 
offenses; the Governor shall furnish 
October 1, annually, names of per- 
sons pardoned. 

§ 32. Officers in charge of vital statistics 
shall furnish monthly the names of 
males over 21 years who have died. 

§ 33. Alphabetical lists of criminals and 
deceased persons furnished to judges 
of election. 

§ 34. Notice of time and place by publica- 
tion of registration. 

§ 35. Rules and regulations for registration 
and the conduct of all elections, by 
the board of commissioners. 

§ 36. Election days declared legal holidays 
under this act. 

§ 37. Appointments of judges and clerks of 
election at the expiration of their 
term of office. 

Article 3.— General Registration. 



§ 38. 



§ 39. 
§ 40. 



Judges of election constitute boards 
of registry for each precinct. 

Qualification of voters. 

Boards of registry shall meet four 
weeks before the day of election, for 
registration of voters; three books 
shall be furnished ; form of registry 
books; proceeding's of the board of 
registry; (1) sessions of the board; 
oath of applicants for registry; (2) 
entry of names by clerks; (3) form of 



140 



ELECTIONS. 



entry; (4) qualification; (5) alphabeti- 
cal list, ruling- and headings of reg- 
ister. 
§'41. Certificate of each day's registration 
made by judges. 

§ 42. "Public register" exposed to public 
inspection; challenge of voter; oath 
of voter as to qualification. 

§ 43 Boards of registry shall meet three 
weeks before the day of election for 
the purpose of adding to, revising 
and correcting registry lists; list of 
"suspects;" "public register" hung 
up at place of registration for public 
examination, and the other two reg- 
isters returned to the office of com- 
missioners. 

§ 44 Clerks of election constituted canvas- 
sers of the precinct; house-to-house 
canvass; police protection; refusal 
to answer questions of canvassers — 
penalties ; correction of ' 'suspect" list 
by canvassers. 

§ 45. Comparison of list of canvassers with 
register; notice to "suspects" to ap- 
pear and show cause why name should 
not be erased from register. 

§ 46. Boards of registry shall meet 2 weeks 
before election to revise registry; no 
new names added; examination of 
"suspects" under oath; erasure of 
names; restoration of names: further 
examination and inquiry by canvas- 
sers ; neglect of duty by clerks— pen- 
alties; disability of clerk to serve- 
substitute. 

§ 47. At the close of last session of boards 
of registry after comparison and cor- 
rection, judges shall sign and add cer- 
tificate; "public register" hung up 
for public examination ; copies of reg- 
isters; printed lists for distribution to 
voters; publication in newspapers. 

§ 48. Application to have names erased; 
affidavit ; notice to person whose name 
is desired erased. 

§ 49 Docket of applications for registration 
or erasure; hearing of such applica- 
tions by commissioners; precinct? 
taken up for hearing in numerical 
order; notice of hearing given news- 
paper; applications received too late 
tor entry on docket, heard on last day 
of session; decisionof commissioners. 

§ 50. County court shall sit on Monday or 
Tuesday before election to hear appli- 
cations for registry; affidavit of appli- 
cant; applications filed and docketed; 
hearing; order of court for registra- 
tion; closing and delivery of registry 
books to judges on the day prior to 
election ; registration by order of the 
court shall not protect against false 
registration or voting. 



51. Appeals from county 
Court. 



to Supreme 



§ 52. Lists of persons added to registry or 
erased, printed and posted at polls 
on election day with original regis- 
ter and delivered to voters on de- 
mand . 

§ 53 Registration for general presidential 
elections: at each general registration 
application for registration in person ; 
previous registers used at subse- 
quent registrations; same proceed- 
ings had at each registration. 



Intermediate Registration. 

§ 54. At elections held between the general 
registration provided for in sec. 53, 
the last general registration shall be 
revised and used; meetings of boards 
for revision, 3 weeks before election; 
names added; transfer of names 
from one precinct registry to another; 
certificates of removal; form of cer- 
tificate; application for certificates; 
change of residence in the same pre- 
cinct; correction of register accord- 
ingly. 

§ 55. Board shall erase all names of persons 
dead, convicted criminals not pard- 
oned and removed from precinct; list 
of erasures; classification of "sus- 
pects;" clerks shall make lists. 

I '56. Registers compared and made to agi'ee 
at close of session ; judges shall sign 
each page of the registers and add 
certificate; two registers returned 
and "public register" hung up at 
place of registration; list of names 
for canvassers. 

§57. House-to-house canvass and examina- 
tion of list as in general registrations ; 
notice to "suspects;" correction of 
registry; police protection of can- 
vassers. 

§ 58. Boards of registry meet to revise lists 
2 weeks before election clay; report 
of canvassers; no new names added. 

§59. At each meeting all the registry lists 
shall be revised and corrected; evi- 
dence shall be heard as to qualifica- 
tion; names of personson "suspect" 
list erased unless an appearance is 
entered, 

§ 60. Registers compared and made to agree 
and signed by judges at bottom of 
each page; registry closed; certificate 
of number of voters attached; public 
register hung up, and return made of 
the other two. 

§ 61. Board of commissioners shall copy im- 
mediately upon their return the reg- 
isters for printing and distribution of 
the same as for the general registra- 
tion, asset out in sec. 47; also sup- 
plemental lists, as set out in sec. 52. 

§ 62. Application to commissioners to have 
name refused by judges, entered on 
register; application by any voter to 
have names erased; proceedings as 
in general registration; decision of 
commissioners; application for re- 
view by the county court; persons 
whose names are not on register 
shall not be allowed to vote ; registers 
shall be delivered to judges the day 
before election; one to judge or 
judges of opposite political parties. 

§ 63. Pub'ic register taken possession of by 
judges on election day, and the three 
registers returned by judges to the 
commissioners the day after election; 
in case of mutilation of public regis- 
ter, copy shall be made, and corrected, 
so that three registers may be had for 
use at next meeting of board in each 
precinct. 

§ 64. Special and judicial elections no re- 
vision shall be made of registry; 
affidavits of voter accepted at such 
elections; no person not on register 
allowed to vote except upon affidavit 
of change of residence. 



ELECTIONS. 



141 



65. Registers in commissioners' office 

always open to public inspection. 

66. Judges of precincts, the day before 

election, shall call for registers ; bal- 
lot box delivered to one of the judges, 
containing poll books, blanks and 
stationery. 

67. Penalties for removing-, mutilating ox- 

destroying "public register" hang- 
ing at place of registry. 

68. Vacancies on boards of registry on day 

of election, how filled. 

Article 4— Election. 

69. Time of opening and closing polls; 

attendance of judges and clerks. 

70. Absentee judges or clerks; substi- 

tutes; oath of office; upon appear- 
ance of regular judge or clerk, sub- 
stitute shall cease to act; penalties 
for willful absence or detention of 
poll book or register. 

71. Ballot box shall be shown to be empty 

before voting begins; shall be kept 
constantly in view until the close of 
the polls; penalties for obstructing 
view or for not removing obstruc- 
tions. 

72. Poll books kept by clerks. 

73. Voter may write his name on the 

back of his ballot. 

74. One judge shall receive the ballot and 

the other two check the name of 
voter on the registers;' challenge; 
cause of challenge to be stated by 
challenger; examination under oath; 
challenged party, if his vote is re- 
jected, may by affidavit of himself 
and a registered voter in the same 
precinct, establish his right to vote, 
if his name is on register 

75. No one shall vote whose name is not 

registered. 

76. Challengers -appointment, duties and 

privileges; rights and privileges of 
political parties to be represented at 
the polls by challengers and watch- 
ers of the canvass. 

77. Judges of elections preservers of the 

peace, andmay cause arrests. 

78. Judicial elections; appointment of 

ticket holders— duties, and liability 
for neglect. 

79. Canvass of the vote by judges; police 

protection; who may be present. 

80. The ballots shall be counted and made 

to agree in number with the names on 
poll books ; excess, if any, how dis- 
posed of; the count, how made; tally 
lists; straight tickets; '"split" and 
"scratched" tickets; result to be an- 
nounced. 

81. Ballots when counted shall be strung. 

82. Propositions submited to vote; how 

canvassed and result declared. 

83. Tally sheets and returns of proposi- 

tions submitted to vote; penalties for 
neglect. 

84. Proclamation of the result of canvass 

made by all the judges in succession. 

85. Keturns of election precincts by the 

j udges ; ho w m ade, to whom delivered, 
and how; endorsements on outside 
of envelopes. 



§ 86. Ballots voted attached to returns; re- 
jected ballots attached. 

§ 87. Poll books placed in ballot box; ballot 
box locked; how sealed up. 

§ 88. One judge shall take charge of ballot 
box and another the key; the two 
judges not in possession of ballot box 
shall take envelopes containing state- 
ment of votes cast; clerks shall take 
tally sheets; delivery to board of 
election commissioners and officers, 
addressed. 

§ 89. Ballot box received and opened by 
the board of election commissioners. 

Article 5— General Canvass. 

§ 90. Canvass of returns by city canvass- 
ing board; tabulation by sheets. 

§ 91. Result of canvass; abstract entered of 
record by county court; copy filed 
with county clerk; returns made to 
Secretary of State; effect of return. 

Certificates of election to county and 
town offices. 



§ 92. 

§ 93. 
S 94. 



Certificates of election to city offices. 
Canvassing board shall declare the 

election of city or town offices; tie 

vote, how decided. 

§ 95. Canvassing board authorized to in- 
vestigate changes in returns or sus- 
pected fraud; witnesses may be ex- 
amined. 

§ 96. County judge shall be president of 
canvassing board; majority may de- 
clare result. 

Article 6— Offences. 
§ 97 Registration— personating an elector ; 
fictitious name; double registration; 
false registration or erasure of quali- 
fied voter by fraudulent means; in- 
timidation; deception; interference; 
inducing others to violate the law; 
punishment. 

§ 98. Voting— personating an elector; ficti- 
tious name; repeating; voting ille- 
gally; intimidation; interference; vio- 
lation of law or inducing or compell- 
ing others to violation — punishment. 

§ 99. Judges or clerks— false lists or entries 
— punishment. 

§ 100. Judges— refusing legal ballot; accept- 
ing illegal ballot; omitting to chal- 
lenge—punishment. 

§ 101. Officer of election making false can- 
vass, false return, or who shall de- 
face, destroy or conceal any return — 
punishment. 

■ § 102. "Stuffing" the ballot box— punish- 
ment. 

§ 103. Officers of election under this act or 
general laws of the State, violating 
law — punishment . 

§ 104. Officer in custody of any records or 
papers guilty of theft, destroying, 
mutilating, erasing or falsifying, or 
permitting to be done— punishment. 

§ 105. Any person not an officer, so offend- 
ing —punishment . 

§ 106. False swearing— punishment. 

§ 107. Inducing others to swear falsely. 

§ 108. Fraudulently changing or substitut- 
ing a ballot. 



142 



ELECTIONS. 



§ 109. Unpardoned convicts voting - or offer- 
ing to vote. 

§ 110. Wilful disobedience of any lawful 
command of a judge of election or 
board of registry. 

§ 111. Breach of the peace or disorderly con- 
duct at the registration of voters or 
on election days. 

§ 112. Interfering with or hindering judges 
or clerks of election in the perform- 
ance of their duty; molesting the 
canvass or interfering with challen- 
gers or watchers. 

§ 113. Destruction of ballot box, ballot, poll 
list, report, returns or certificate. 

§ 114. Judges or clerks of election admitting 
persons to registration or receiving 
any vote or proceeding witb canvass 
without the concurrence of a majori- 
ty of judges. 

§ 115. Judge of election absenting himself 
without urgent cause. 

§ 116. Ballots within the polling places pro- 
hibited. 

§ 117. Intoxicating liquors prohibited in any 
place of registration or election. 

§ 118. Irregularities in conducting elections. 

§ 119. Offenses further defined; the term 
"election" defined; the word "house- 
holder" defined. 

§ 120. Payment of fines. 

§ 121. Forfeitm-es under this act, how re- 
covered. 

§ 122. Prosecutions of offenses under this act 
by the election commissioners. 



Article 7.— Compensation. 

§ 123. Compensation paid by counties; classi- 
fication of counties; salaries of com- 
missioners and chief clerk in counties 
of 1st class; in counties of 2d class: 
in counties of 3d class, (Cook county); 
expenses of board paid by city; 
salaries and expenses audited by 
county judge and paid by county and 
city treasurer. 

§ 124. Per diem of judges and clerks and 
official ticket holders. 

§ 125. Number of days compensation allowed 
judges and clerks. 

§ 126. Cities pay expenses of elections at 
which city officers are elected. 

§ 127. General State and county elections, 
counties shall pay expenses. 

§ 128. Claims of judges and clerks and ticket 
holders for services, audited by com- 
missioners. 

Article 8.— Miscellaneous Provisions. 

§ 129. Adoption of this act by villages and 
towns, effect. 

§ 130. Election commissioners in cities shall 
be ex-officio commissioners of villages 
and towns in the same county. 

§ 131. Returns of elections for villages and 
towns; can vass of returns. 

§ 132. Returns of villages and towns for 

officers other than town officers. 
§133. Oaths administered under this act. 



An Act regulating the holding of election?, and declaring the residt 
thereof in cities, villages and incorporated towns in this /State. 

J3e it enacted by the People of the State of Illinois, represented in 
the General Assembly, as follows: 

Article I. — Adoption. 

1. Section 1. That the electors of any city now existing in this State 
may adopt and become entitled to the benefit of this act in the manner 
following: 

Whenever one thousand of the legal voters of such city, voting at the 
last preceding election, shall petition the judge of the county court of 
the county in which said city is located to submit to a vote of the elec- 
tors of such city the proposition as to whether such city and the electors 
thereof shall adopt and become entitled to the benefit of this act, it 
shall be the duty of such county court to submit such proposition accord- 
ingly at the next succeeding general State or county election, and if 
such proposition is not adopted at such election, the same shall in like 
manner be submitted to a vote of the electors of such city by such county 
court upon like application at any general State or county election there- 
after, and an order shall be entered of record in such county court sub- 
mitting such proposition as aforesaid. If one thousand shall exceed one- 
eighth of the legal voters of any such city voting at the last preceding 
election, then such petition or application need not be signed or made 
by more than one-eighth of the legal voters of such city voting at the 
last preceding election. 



ELECTIONS. 143 



3. § 2. The judge of such county court shall give at least sixty days' 
notice of such election by publishing such notice in one or more news- 
papers published within such city, for at least five times, the first publica- 
tion to be at least sixty days before the day of election, and if no news- 
paper is published in such city, then by posting at least five copies of 
such notice in each ward sixty days before such election; and such court 
shall enter an order directing the county clerk to prepare the necessary 
blank returns for the use of the judges of election, substantially in the 
following form: 

"At an election held in the precinct of the ward 

in the city of , in the State of Illinois, on the day of 

in the year A. D , the following vote was cast for and against 

city election law, to-wit : 

For city election law votes. 

Against city election law votes. 

Certified by us: 

A .B, | 

CD, > Judges of Election. 

E F, ) 

Attest : 

f j 1 ' j- Clerks of Election." 

Also to prepare separate tally sheets with appropriate headings. 

And it shall be the duty of such county clerk to deliver to the judges 
of all the precincts in such city at such election proper tally sheets and 
blank statements of returns of votes cast for and against such proposition 
at such election. And it shall be the duty of the said judge of the county 
court to supervise and direct such matters and see that they are properly 
done. Said judge of the county court shall also prepare directions to the 
judges and clerks of election as to the manner of canvassing the votes 
for and against such proposition, keeping tally thereof and making re- 
turns of the votes as to such proposition, in accordance with the provis- 
ions of this article; also informing them therein of the penalties of the 
law imposed upon the judges and clerks for any refusal or neglect per- 
taining to their duties, and such judge of the county court shall deliver 
such directions to the county clerk directing him to have them printed 
and sent out to such judges and clerks. And it shall be the duty of such 
county clerk to obey such instructions. And it shall be the duty of the 
county clerk to do, and cause to be done, all things required of him by 
this article, and for a failure to perform such duties he shall, on convic- 
tion, be sentenced to the county jail for not less than six months nor 
more than twelve months, and shall also be removed from his office by 
the court in which such conviction shall be had. The county shall pay 
all expenses connected with such election. 

3. § 3. At such election the ballots, so far as they relate to this act, 
shall be written or printed in the following form: "For city election 
law;" or "against city election law." 

4. § 4. The ballot upon such proposition in the form aforesaid must 
be printed or written at the bottom of the ticket containing the names 
of candidates for public offices at such election who are voted for by 
any elector. But if any elector desires to vote upon such proposi- 
tion and does not desire to vote for any candidate for any public office, 
he may vote a ballot prepared as aforesaid, without the name of any can- 
didate being thereon; but he cannot by one ballot vote for Or against 
such proposition, and then by another ballot vote for any candidate 
for any office at that election. If any one shall vote a ballot which shall 



144 ELECTIONS. 



contain no reference to such proposition, or if both forms of ballot, viz: 
"for city election law," and "against city election law," be upon the 
same ticket unerased, such ballot shall not be counted for or against such 
proposition . 

5. § 5. The judges of such election shall canvass the ballots so 
cast for or against such proposition. They shall count in favor of 
said proposition all ballots "for city election law," and they shall count 
against such proposition all ballots "against city election law." 

O. § 6. Such canvass shall be made by such judges in the following 
manner: Before the name or names of any candidate on any ballot shall 
be canvassed, one of said judges, the other two sitting on either side of 
him and observing the canvass, shall separate all of the ballots cast 
in such precinct into three piles or files, putting together in the first pile 
all those containing the phrase, "for city election law," and putting to- 
gether in the second pile all the ballots containing the phrase, "against 
city election law," and putting together in the third pile all the other 
ballots of every description. One of said three judges shall then count 
the first pile of ballots in batches of ten, and when one batch is counted, 
shall pass the same to the next judge, who shall count the same and 
pass it to the third judge who shall also count it, and when the three 
shall have finished the count of the ten ballots, the last judge shall an- 
nounce in a loud voice the result, "ten votes for city election law," when 
the tally clerks shall tally ten votes accordingly on each tally sheet for 
city election law, and so the whole pile shall be counted, and before 
counting the second pile the clerks shall announce the result or number 
so entered and credited "for city election law," and then the second pile 
shall be counted in the same way in batches of ten, and the result tallied 
and announced in the same way "against city election law." And there- 
upon it shall be the duty of each of said judges in turn to announce in a 
loud voice the result of the election in that precinct upon that proposi- 
tion. No ballot shall be counted for or against such proposition, unless 
it be in the form herein prescribed; no account is to be kept of the third 
pile of ballots as to such proposition . 

7. § 7. If no tally sheets shall be furnished to the judges and clerks 
of any precinct relating to such proposition, such clerks shall use any 
piece of paper containing the headings written out by either of them: 
"For city election law," and "Against city election law," and tally the 
vote thereon opposite the respective headings as announced to them; 
and if no blank statements of returns relating to such proposition be 
provided or furnished to them, then it shall be the duty of said judges 
and clerks to write out a return in triplicate, in substance in accordance 
with the form found in section two of this article. 

8. § 8. After ascertaining and announcing the result as aforesaid, 
such judges shall make, fill up and sign triplicate returns or statements 
of the votes cast for and against such proposition as aforesaid, in the 
form found in section two of this article. Each of which shall be attested 
by the election clerks, and each of which shall then be enclosed and 
sealed in an envelope, one of which shall be on the outside addressed to 
the judge of the county court, one to the clerk of the county court, and 
one to the comptroller of such city, or to the offioer whose duties corres- 
pond with those of the comptroller. Upon each of which state- 
ments shall be endorsed, "City election law returns." In the same man- 



ELECTIONS. ' 145 



ner the tally sheets shall he signed by said judges and clerks and shall 
he enclosed and sealed in separate envelopes, one of which shall be ad- 
dressed to the county judge and one to the city clerk; upon both of said 
envelopes shall be endorsed, "City election law tallies." On the outside 
•of each envelope shall be endorsed whether it contains a statement of 
the votes cast or the tallies, and for what precinct and ward. After 
the envelopes respectively containing such returns and tallies are closed 
and sealed, the judges of election shall each write across the folds of such 
envelopes their names, and thereupon each of said judges of election 
shall take one of said returns, and each of said election clerks shall take 
•one of said tallies and shall deliver, each one respectively, to the per- 
son or officer to whom addressed, by noon of the next day, and when de- 
livered he shall receive a receipt therefor from the officer to whom deliv- 
ered. And it shall be the duty of such officers to give such receipts, 
and to safely keep such envelopes unopened until called for by the can- 
vassing board herein provided. 

O. § 9. At the canvass of the ballots in any precinct in any city 
where such proposition has been submitted, it shall be the duty of said 
judges of election, on request, to admit to the room two electors of the 
ward who voted in favor of such proposition, and two who voted against 
it, as special watchers of such canvass; and said judges and the police 
officer or other officer of the law present shall protect such watchers and 
see that they are not excluded, and at the time of such canvass of the 
•ballots cast for or against such proposition, such watchers shall be en- 
titled to a position where they can plainly see and read each ballot, and 
it shall be the duty of such judges to grant and pi'otect them in such 
position. 

10. § 10. On the sixth day after such election the judge of the 
county court shall call to his assistance two well known electors of in- 
tegrity and character, one of whom voted for and one of whom voted 
against such proposition, who shall constitute the canvassing board, to 
•canvass the returns and votes so cast for and against such proposition. 
Such canvass shall be conducted in public in the room usually occupied 
by such county court. The envelopes containing all the returns and all 
the tally sheets shall, upon the demand of the judge of the county court, 
be delivered to said board by the officers so having either of them in 
his possession. Thereupon the same shall be opened in order and the 
vote on such proposition ascertained and announced. All of such re- 
turns and tallies may be used in ascertaining the result, and when, in the 
opinion of said board, any doubt exists as to what the actual vote was 
which was cast for or against such proposition in any precinct, or upon 
the written application of two persons who were at such canvass and who 
shall make oath that they believe that the returns of the said judges of 
election as to such proposition are not correct, said county judge shall 
demand of and receive possession from such county clerk the ballots so 
cast in such precinct at such election, and it shall then be the duty of 
said board to open the envelope containing said ballots and to recount 
the same, and to hear evidence of any person present at such precinct 
canvass touching the same; and thereupon said board shall announce and 
■declare the vote cast for and against such proposition in such precinct, 
which shall be conclusive as to the ballots so cast; and thereupon the 
■said judge of the county court so having received possession of such ballots, 
*hall again place them upon a string or twine and place them in the 

—10 



146 ELECTIONS. 



same envelope, or another with like endorsements, and seal the same, and 
shall write across the face thereof, "Opened by the county judge," and 
sign his name thereunder, and shall then return such ballots to the posses- 
sion of the county clerk. Said returns and tallies shall also be returned 
to the officers from whom received, who shall safely keep the same for 
six months, and then destroy the same if there be no contest. At the 
completion of the canvass of all the precincts in such city, the total num- 
ber of votes cast for and against such proposition in the various precincts, 
ascertained as aforesaid, shall be added together by said board, who shall 
then declare the total result: thereupon said county court shall enter an 
order declaring the number of votes so ascertained, cast for, and the num- 
ber of votes cast against such proposition, and if such proposition shall 
have received a majority of the votes cast for and against the same at 
such election, the court shall, by its order, declare this act adopted; and 
it shall be the duty of such county judge to file a copy of such order in 
the office of the Secretary of State, and thereupon this act shall become 
operative and binding, and the law for all elections in such city, and for 
the electors thereof, and all courts and other persons shall take notice 
thereof. 

11. § 11. Any judge of election or clerk of election, who shall wil- 
fully neglect to perform any duty imposed upon him by this article, shall 
be deemed guilty of a felony, and, upon conviction, be imprisoned in a 
penitentiary for not less than one year and not more than three years. 
Any judge of election or clerk of election, who shall wilfully open, 
change, tear, mutilate, lose or conceal, or wilfully cause or permit to be 
opened, changed, torn, mutilated, lost or concealed, any return of votes 
cast for or against this act, or any tally sheet of votes so cast for or 
against such proposition after the same has been sealed up and delivered 
to him to be carried and delivered to the officer of law required by 
this act to receive the same, shall be deemed guilty of a felony, and, 
upon conviction, shall be imprisoned in a penitentiary for not less than 
three nor more than five years. 

IS. § 12. Any officer having possession of such returns, tallies or 
ballots, who shall steal, counsel or assist in stealing, or who shall change 
or mutilate any return or tally sheet relating to such election, shall be 
deemed guilty of felony, and, upon conviction, shall be imprisoned in 
the penitentiary not less than five, nor more than ten years. And any 
other person who shall steal, counsel or assist in stealing, or who shall 
change or mutilate or counsel or assist in changing or mutilating any re- 
turn, ballot or tally sheet relating to such election, shall be deemed 
guilty of a felony, and on conviction shall be imprisoned in the peniten- 
tiary not less than five years nor more than ten years. 

13. § 13. All other offenses pertaining to the conduct of any elec- 
tion under this article shall be governed by the laws of the State not in- 
consistent herewith. 

14. § 14. Any village or incorporated town in this State may adopt 
this act in like manner, and the same shall be submitted to a vote of the 
people of the said village or town upon written application to said county 
court of 500 electors in such village or town. 

\£$» §15. After and from the time of the adoption of this act as afore- 
said, the provisions of the same shall be applicable to such cities,villages 



ELECTIONS. '147 



or towns, and all laws in conflict therewith shall no longer be appli- 
cable to such cities, villages or towns. But all laws or parts of laws 
not inconsistent with the provisions of this act shall continue in force 
and be applicable to any such city, village or town, the same as if this 
act had not been adopted. 

Article II. — Election -Commissioners and their Duties. 

1©. Section 1. In every city, village and' incorporated town so adopt- 
ing this act, there shall be created a board of election commissioners, 
which shall be composed of three members, each of whom shall be desig- 
nated as an election commissioner, and shall be appointed by the county 
court in the county in which such city, village or incorporated town shall 
be located. And such appointment shall be entered of record in such 
court, and, when qualified, such commissioner shall be an officer of such 
court. The first appointment of such commissioners shall be within sixty 
days after the adoption of this act, and those first appointed shall hold 
their offices for the period of one, two and three years respectively, and 
the judge appointing them shall designate the term for which each one 
shall hold his office, whether for one, two or three years. If the office 
of either commissioner shall become vacant, it shall thereupon be the 
duty of such county court to appoint a successor for such unexpired term; 
after the expiration of the term for which each commissioner is ap- 
pointed, such court shall, in the same way, nominate and appoint a suc- 
cessor, who shall hold his office for the period of three years, and until 
his successor is appointed. 

17. § 2. Two of such commissioners, at least, shall always be select-' 
ed from the two leading political parties of the State, one from each of 
such parties, and all shall be legal voters and householders, residing 
in such city, village or incorporated town, and be men of well known po- 
litical convictions and of approved integrity and capacity. No commis- 
sioner can hold any other public office. Whenever it shall come to the 
knowledge of such judge of the county court that one of the leading 
political parties of the State is not represented upon such commission by 
a person of the same political faith, he shall at once remove one of such, 
commissioners and fill the vacancy with a member of the leading politi- 
cal party not so represented. 

IS. § 3. Such judge of the county court may, at any time, upon 
complaint made and cause shown, satisfactory to him, after notice to such 
commissioner, and an opportunity to be heard, remove any such com- 
missioner and enter of record in the court such order of removal, and 
there shall be no appeal from such order. Such complaint must be 
signed and sworn to by at least twenty-five legal voters of such city, vil- 
lage or incorporated town, and must state the grounds of such complaint. 

10. § 4. Within twenty days after such first appointment shall be 
made, such commissioners shall organize as a board by electing one of 
their number as chairman, and one as secretary; and they shall perform 
the duties incident to such offices. And upon every new appointment of 
a commissioner, such board shall reorganize in like manner. Each com- 
missioner, before taking his seat in such board, shall take an oath of office 



148 ELECTIONS. 



before such county judge, which in substance shall be in the following 
form : 

"I , do solemnly swear (or affirm) that Tama citizen of the U nited 

States, and have resided in the city ot in the State of Illinois, for a 

period of ten years last past, and that I am a legal voter and householder in said city and 
State. That I will support the constitution of the United States and of the State of Illinois, 
and the laws passed in pursuance thereof, to the best of my ability, and will faithfully and 
houestly discharge the duties of the office of election commissioner for said city." 

Which oath, when subscribed and sworn to before such judge, shall be 
filed in the office of the county clerk of said county, and be there pre- 
served. Such commissioner shall also, before taking such oath, give an 
official bond in the sum of $10,000, with two securities, -to be approved by 
said judge, conditioned for the faithful and honest performance of his 
duties and the preservation of the property of his office. Such board of 
commissioners shall at once secure and open an office sufficient for the 
purposes of such board, which shall always be kept open during busi- 
ness hours of every day, Sundays and legal holidays excepted. Upon 
the opening of such office, the county clerk of the county in which such 
city, village or incorporated town is situated, shall, upon demand, turn 
over to such board, all registry books, poll books, tally sheets and ballot 
boxes heretofore used, and all other books, forms, blanks and stationery 
of every description in his hands in any way relating to elections or the 
holding of elections within such city, village or incorporated town. 

20. § 5. Such board shall provide all necessary ballot boxes and 
all registry books, poll books, tally sheets, blanks and stationery of every 
description with printed headings and certificates, necessary and proper 
for the registry of voters and the conduct of such election, and for every 
incidental purpose connected therewith. 

SI. § 6. Said board shall have the right to employ a chief clerk, 
who shall have charge of the office of said board, and who shall be pres- 
ent and in attendance at ail proper business hours. Such chief clerk 
shall take an oath of office before such county judge, to the effect that 
he will honestly and faithfully perform all the duties of such office, under 
the direction of said board, which shall be preserved in the same way, 
and shall be under the direction of said board, and he shall have the 
right to administer all oaths required under this act to be administered 
by either of said commissioners. Such additional assistance may be 
employed by said board from time to time, as may be necessary, with 
the consent and approval, previously entered of record, by said county 
court, or which may afterwards be approved by such court. 

22. § 1. It shall be the duty of said board of commissioners, 
within two months after its first organization, to divide such city, village 
or incorporated town into election precincts, which shall contain as nearly 
as practicable three hundred actual voters, and in making such division, and 
establishing, such precincts, such board shall take as a basis the poll 
books, or the number of votes cast at the last pi'evious presidential elec- 
tion. Within ninety days after each presidential election, such board 
shall revise and rearrange such precincts on the basis of the votes cast 
at such election, making such precincts to contain, as near as practicable, 
three hundred actual voters, measured by the vote of such election, but at 
any time and in all instances where the vote cast at any precinct, at any 
election, equals four hundred and fifty, there must be a rearrangement, 



ELECTIONS. 149 



so as to reduce the vote to the standard of three hundred, as near as 
may be. The precincts in each ward, village or incorporated town shall 
be numbered from one upwards consecutively. 

23. § 8. After the first organization of such board of commissioners 
it shall prepare for a new and general registration of voters for the 
next general city or village election, or general state or county election, 
as the case may be, and when made, such registry shall be continued 
and revised in the manner hereinafter provided. 

24. § 9. Said board of commissioners shall, at least sixty days prior 
to such election, select and choose three electors, who shall be household- 
ers, as judges of election for each precinct in such city, village or incor- 
porated town. They must be citizens of the United States, and entitled 
to vote in the ward, village or incorporated town in which such pre- 
cinct is located, at the next election, and they must be men of good re- 
pute and character, who can speak, read and write the English lan- 
guage, and be skilled in the four fundamental rules of arithmetic, and 
they must be of good understanding and capable; they must reside in 
the precinct of the village, city or incorporated town, at which they are 
selected to act, and they must not hold any office or employment under 
the United States, the State of Illinois, or under the county, city, village 
or town in which such election is to be held, and they must not be 
candidates for any office at the next ensuing election. Two clerks of 
election shall be selected within the same time by said board, who shall 
possess the same qualifications as the judges, except that they need not 
be householders. Being a notary public shall be no disqualification for 
judge or clerk. 

25. § 10. Each and every person so selected by the board of elec- 
tion commissioners shall be notified of the fact of his selection, with 
direction to appear, within the time fixed in the notice, before such board 
for the purpose of examination, and if, upon examination, he is found 
qualified, he shall, unless excused by such commissioners, by reason of ill 
health, or old age, be bound to serve as such officer for the term of one 
year, if his appointment shall be confirmed by the county court. Said 
commissioners shall keep books in which shall be written down the 
names of all such judges and clerks agreed upon before such notifica- 
tion, to appear before them, and if, when they appear, they shall be re- 
jected for want of qualification, such fact shall be noted on said books 
opposite their names, and if excused on the ground of ill health or old 
age, such fact shall be noted, and in like manner also, if they do not 
appear for examination, such fact shall be noted. No person shall be 
compelled to serve as judge or clerk, for three yeai'8 after the expira- 
tion of his term of service. The judges and clerks of election shall be 
exempt from jury duty during the term of their service, and for two 
years thereafter. In case such person, so selected and notified to appear 
for examination, shall not appear before such board as required, or if 
he does appear, and shall refuse to serve, he shall forfeit not less than 
one hundred dollars nor more than three hundred dollars, unless it shall 
appear that he was not qualified for such service for any reason herein 
stated. 

26. § 11. In the selection of judges of election, at least one judge 
shall be selected from each of the two leading political parties or organi- 
zations of the State, to serve in each precinct, and one clerk of election 



150 ELECTIONS. 



shall be selected from each of the two leading political parties of the 
State, to serve in each precinct. Each of the commissioners shall have 
a veto upon the proposed selection or nomination of any judge or clerk, 
and if, in any instance, in consequence of such veto, the board cannot 
agree upon such appointments, then the names of six persons who are 
eligible shall be selected, for judge or clerk, as the case may be, by the 
commissioner or commissioners belonging to the leading political party 
entitled to be represented by such judge or clerk, and out of said six 
names the other commissioner or commissioners representing the other 
leading political party of the State, shall select the name of such judge 
or clerk, who, when so selected, shall be the judge or clerk, if other- 
wise eligible, if he will serve or shall be not excused for cause, and if 
he shall be confirmed by the county court. In case, the persons so select- 
ed for judges or clerks do not appear for examination on notification, 
then some other persons shall be selected and notified as aforesaid, until 
some eligible person is found who will serve. In all cases where the 
parties aforesaid do not appear and be examined, or if they do appear 
and refuse to serve, it shall be the duty of the commissioners, by the 
corporate name of the board of commissioners of election, to prosecute 
such persons for such forfeiture above provided, and collect and pay over 
the same into the county treasury, and the failure of such board of com- 
missioners of election, or either of them, to prosecute such persons 
shall be sufficient cause for removal from office, and when established, 
the county court shall so remove such commissioner or commissioners 
from office. 

ST. § 12. The leading political party represented by a minority 
of all the commissioners in said board, shall be entitled to one of the 
judges and one of the clerks in each precinct with an even number, and 
to two of the judges and one of the clerks in each precinct with an odd 
number, and the other leading political party shall be entitled to two 
judges in the even, and one judge in the odd numbered precincts, and 
also shall be entitled to one clerk in each precinct, and it shall be the 
duty of such commissioners to observe this division in all respects in 
making such appointments. If there should be three political parties 
represented in said board of commissioners, then each of such parties 
shall have one representative as judge in each precinct, as far as prac- 
ticable, to be selected under some rule to be adopted by such board. 
And if there be not three political parties represented upon such board, 
yet if there be a third political party in such city, respectable in num- 
bers, said commissioners may, in their discretion, select a judge from 
said party for each precinct, if a proper person for such position can be 
found, in such manner as said board may agree upon. 

38. § 13. After the judges and clerks are selected and have agreed 
to serve, then a report of such selections shall be made and filed in the 
county court, and application shall then be made by said board to said 
court for their confirmation and appointment, whereupon the county 
court shall enter an order that cause be shown, if any exist, against the 
confirmation and appointment of such persons so named, on or before 
the opening of the court, on a day to be fixed by the court. And said 
board of commissioners shall immediately give notice of such order, and 
the names of all of such judges and clerks so reported to such county court 
for confirmation, and their residence, and the precinct for which they are 
selected, by causing the same to be published in one or more newspapers 



ELECTIONS. 151 



in such city, village or incorporated town, and if no newspaper be pub- 
lished in such city, village or incorporated town, then by posting such 
notice in three of the most public places in such city, village or town, 
and if no cause to the contrary be shown prior to the day fixed, such ap- 
pointments shall be confirmed by order entered by that court. If objections 
to the appointment of any such judge or clerk be filed within the time 
aforesaid, the court shall hear such objections and the evidence introduced 
in support thereof, and shall confirm or refuse to confirm such nomina- 
tions; as the interests of the public may require. No reasons need be given 
for a refusal to confirm. If any vacancies shall exist by reason of the 
action of such board or otherwise, at any time, the said board of com- 
missioners shall further report and nominate persons to fill such vacan- 
cies so existing in the manner aforesaid, and the court in the same way 
shall consider such nominations, and shall confirm or refuse to confirm 
the same in the manner aforesaid. Upon the confirmation of such 
judges and clerks, at any time, a commission shall issue to each of such 
judges and clerks, under the seal of such court, and appropriate forms shall 
be prepared by said board of commissioners for such purpose. After 
such confirmation and acceptance of such commission, such judges and 
clerks shall thereupon become officers of such court, and shall be liable 
in a proceeding for contempt for any misbehavior in their office, to be 
tried in open court on oral testimony, in a summary way, without for- 
mal pleadings, but such trial or punishment for contempt of court shall 
not be any bar to any proceedings against such officers, criminally, for 
any violation of this act. Where a vacancy shall occur so late that ap- 
plication to and confirmation by the court cannot be had before the 
election, then said board of commissioners shall make an appointment 
and issue a commission to such officer or officers, and when thus ap- 
pointed, such officer shall be considered an officer of the county court, 
and subject to the same rules and punishment, in case of misbehavior, as 
if confirmed by said court, and any judge or clerk, however appointed, 
and at whatever time, shall be considered an officer of court, and be sub- 
ject to the same control and punishment in case of misbehavior. Said 
board of commissioners shall have the right at any time, in case of misbe- 
havior, or neglect of duty, to remove any judge of election or clerk of 
election, and cause such vacancy to be filled in accordance with this act. 
The judges and clerks of election must be appointed and confirmed at 
least thirty-five days prior to the next election. If any vacancy shall 
occur or exist more than five days, before election, the judges or clerks 
appointed to such places must be confirmed by such court. Such com- 
missioners shall not voluntarily remove any judge or clerk within five 
days of such election, except for flagrant misbehavior, incapacity or dis- 
honesty. And the reasons therefor must afterwards be reported in 
writing to such court, and if such removal be wilful and without cause, 
said commissioners shall be guilty of a misdemeanor under this act, and 
'be subject to removal. 

529. § 14. After the issue of a commission to such judges and 
clerks, they shall again be notified to appear at the office of said board, 
and shall then and there, after taking the oath of office before one of 
said commissioners or said chief clerk, receive their commissions, and 
the oath of office shall be in writing and subscribed by each one, and 
shall be in substance as follows: 



152 ELECTIONS. 



"I, , residing- at in the city (village or town)> 

of , in the State of Illinois, do solemnly swear (or affirm) that I am a 

legal voter (and a householder in case of a judge), in the ward of the crty (village 

or town) of , in the State of Illinois; that I will support the laws and 

constitution of the United States, and of the State of Illinois, and that I will faithfully and 
honestly discharge the duties of the office of judge (or clerk) of elections and of registra- 
tion, for the precinct of the ward of the city (village or town) 

cf , in the county of , in the State of Illinois, according to the 

best of my ability." 

3©. § 15. It sli all be the duty of said board of commissioners to 
appoint the place of registry, and also the polling place, in each precinct 
in such city, village or town, and to give public notice thereof, and shall 
cause the same to be fitted up, warmed, lighted and cleaned, but in 
each election precinct, such place or places shall be in the most public, 
orderly and convenient portions thereof, and no building or part of 
building shall be designated or used as a place of registry, or revision of 
registration, or as a polling place, in which spirituous or intoxicating 
liquor is sold. 

31. § 16. It shall be the duty of the clerk of any court where- 
parties are tried or convicted of penitentiary offenses in the county 
where such city, v. II age or incorporated town is located, to furnish monthly,. 
to such board of commissioners, the names of all parties convicted or 
sentenced for any crimes, the punishment of which is confinement in 
the penitentiary, and their place of residence, if such fact be in the pos- 
session of such clerk. It shall be the duty of the Governor of the State, 
on or before the first day of October in each year, to furnish to such com- 
missioners of election the names of all persons pardoned by him out of 
the penitentiary for any crime of which such party was convicted in a 
court in a county where said city, village or incorporated town is 
located. 

3*2. § 11. It shall be the duty of the person or officer, having charge 
of the vital statistics of any such city, village or incorporated town, to 
furnish to such board of election commissioners, monthly, a report of the 
names and the previous residences of all male persons over twenty-one 
years of age that have died during the preceding month. 

33. § 18. It shall be the duty of the board of election commissioners 
to cause to be arranged, as nearly as possible according to wards in cities, 
and election precincts in villages or incorporated towns, the names and 
the residences, or the former residences of all such criminals, and of all 
such deceased parties, and to have the same printed by wards in cities,, 
and election precincts in villages or incorporated towns, and furnish a 
printed list of the names of such persons whose residence was formerly 
in such wards or precincts, to all the judges of election of such wards 
or precincts when acting as a board of registry, for their guidance, 
and when they shall be advised that a person convicted of a crime has 
been pardoned, such fact shall be noted opposite his name. Such list 
shall be arranged alphabetically. 

34. § 19. It shall be the duty of such board to give timely notice 
through the press of the time and place of registration and election in 
each precinct of such city,village or incorporated town; and they shall also 
cause the printed list and supplement of the registration for the previous 
election to be posted up at the place of registration, two days before such 



ELECTIONS. 15; 



registration, with a printed notice of the time and place of the next reg- 
istration. This to be obligatory only after the first registration under 
this act. 

35. § 20. Said board of commissioners shall make all necessary 
rules and regulations, not inconsistent with tbis act, with reference to 
the registration of voters and the conduct of elections; and they shall 
have charge of, and make provision for, all elections, general, special, 
local, municipal, State and county, and of all others of every descrip- 
tion, to be held in such city or any part thereof, at any time, or iu such 
village or incorporated town, as the case may be. 

36. § 21. The days upon which the general State or county or city 
elections shall hereafter be held in such city, village or incorporated 
town, shall be holidays, and shall, for all purposes whatever as regards- 
the presenting for payment or acceptance, and of the protesting and giv- 
ing notice of the dishonor of bills of exchange, bank checks and promis- 
sory notes, and as regards days of grace upon commercial paper, be 
treated and considered as is the first day of the week, commonly called 
Sunday. 

37. § 22. At least sixty days prior to the next election occurring 
immediately after the expiration of the term of office of said judges 
and clerks, said election commissioners shall cause judges and clerks- 
of election again to be selected, who shall be selected, appointed and 
commissioned in the same way, according to the same forms and subject 
to the same qualifications and limitations as required for the selection 
and appointment of such officers in the first instance hereunder. 

Article III. — General Registration. 

38. Section 1. The judges of election shall constitute the board of 
registry in the precinct for which they shall be appointed. 

39. § 2. Every person having resided in the State one year, in the 
county ninety days, and in the election precinct thirty days next preced- 
ing any election therein, who was an elector in this. State on the first clay 
of April, in the year A. D. 1848, or obtained a certificate of naturalization 
before any court of record in this State prior to the first day of January, 
1870, or who shall be a male citizen of the United States above the age 
of twenty-one years, shall be entitled to vote at such election. 

40. § 3. Such board of registry and the election clerks shall meet 
in the precinct on Tuesday, four weeks preceding the first general city, 
village or town election, or the first general State or county election 
which may occur after the first appointment of such board of election 
commissioners at the place designated by such board of commissioners, 
and they shall then proceed to make a general registration of all the voters- 
in such precinct. A new general registration shall be made by the board 
of registry, prior to and for each presidential election, in the same way as 
required hereby for the first registration hereunder. Three registry 
books shall be furnished to such board by the board of election commis- 
sioners for the purpose of such registration, and such books of registry 
shall be prepared substantially in the following form: 



154 



ELECTIONS. 





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Oct. 5, '85 
Oct. 5, '85 
Oct.13, '85 
Oct.13 '85 




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Ames, William J. JMass. 
Allen, John JEngland 
Austin, George Georgia. 
Anschuler, Christian Germ'uy 






Address. 








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ELECTIONS. 155 



One of said books shall be denominated "Public Register" on the 
outside or on the first page. 

Said board of registry shall then proceed as follows: 

I. They shall open the registry at eight o'clock A. M. and continue 
in session until nine o'clock P. M. on the first day. One of the judges 
shall administer to all persons who shall personally apply to register, 
the following oath or affirmation: 

"You do solemnly swear Cor affirm) that you will fully and truly answer all such ques- 
tions as shall be put to you touching your place of residence, name, place of birth, your 
qualifications as an elector, and your right, as such, to register and vote under the laws of 
this State." 

II. Each of said clerks of election, and one of said judges of election, 
shall have charge of the registry books, and shall make the entries there- 
in required by this act, and one of the judges shall ask the questions as 
to qualification, and after he is through, either of the judges may ask 
questions. One of the judges of election may, when necessary, relieve 
one of the clerks from time to time, as necessity may seem to demand, 
in making entries in said book. 

III. The name of every applicant shall be entered in such registry 
books, and all the facts shall be therein stated, as hereinafter provided, 
whether he be entitled to vote or not. If it shall be determined by the 
board that he is not a qualified voter in such precinct, then an entry shall 
be made in the appropriate column "no," and if qualified, an entry shall 
be made in the same column "yes." 

IV. Only such male persons of the age of twenty-one years, residing 
in such precinct, as apply personally for registration, shall be entered in 
such registers, but every applicant who would be twenty-one years of 
age on the day of the next election, if otherwise qualified, shall be en- 
tered on such registers. Every applicant who has commenced to reside 
in such precinct at least thirty days before such election, shall be entered 
in such registry, and shall be marked "qualified" or "disqualified," as 
the case may be, but unless, on the day of election, he shall have resided 
for thirty full days in such election precinct, he cannot vote therein, 
although otherwise qualified. 

V. The headings to the registry books shall be so prepared that the 
registry shall be made alphabetically, according to the surname of each 
person applying, but it shall be arranged so that the residence of such 
persons shall appear in the first column. The register shall be ruled, 
and one name shall be written on each line, but no name shall be 
written between the lines. The entries shall be as follows: 

1. Under the column "Residence," the name and number of the 
street, avenue, or other location of the dwelling, if there be a definite 
number, and if there shall not be a number, such clear and definite des- 
cription of the place of such dwelling as shall enable it to be readily as- 
certained. If there shall be more than one house at the number given 
by the applicant as his place of residence, state in which house he re- 
sides. And if there be more than one family residing in said house, 
either the floor on which he resides or the number, or location of the 
room or rooms occupied by him, whether front or rear; every floor below 
the level of the street or ground being designated as the basement; the 
first floor above such level being designated as the first floor, and each 
floor above that as the second or such other floor as it may be. 



156 ELECTIONS. 



2. Under the column "Address," the name of the applicant, writ- 
ing the surname first and given or Christian name after. 

3. Under the column "Nativity," the State, county, kingdom, em- 
pire or dominion as the facts stated by applicant shall be. 

4. Under the column "Color," the words "white" or "colored." 

5. Under the subdivisions of the general column "Term of Resi- 
dence," the periods by day, month or year stated by the applicant. 

6. Under the column "Naturalized," the word "yes" or "no" or 
"native," as the fact stated. 

7. Under the column "Date of Papers" the date of naturalization, if 
naturalized, or about the date. 

8. Under the column "Court" the designation of the court in which, 
if naturalized, such naturalization was had, and if the name of the court 
cannot be had with certainty, then the name of the place in which such 
court was located. 

9. Under column "By Act of Congress," the word "yes," in case 
such person, though foreign born, has been made a citizen by act of Con- 
gress without taking out his naturalization papers. 

10. Under the column "Qualified Voter," the word "yes" or "no,'* 
as the fact shall appear or be determined by a majority of the board of 
registry, it being, however, required of thera, to designate, as a quali- 
fied voter, any male person, who, if otherwise qualified, shall not, at the 
time of making application, be of age, provided the time when such appli- 
cant shall be of the age of twenty-one shall be subsequent to the date of 
his application, and not later than the day of election immediately fol- 
lowing such time of applying. 

11. Under the column "Date of Application," the month, day and 
year when the applicant presented himself, and was adjudged a qualified 
voter in election precinct. 

41. § 4. At the end of each day's registry, or revision of registra- 
tion, said judges shall each sign his name at the end of the list on each 
page, so that no new name can be added without discovery, and shall 
also sign a certificate, as hereinafter provided, but before doing so, the 
said judges and clerks shall compare the three registers so kept, and 
cause any differences to be corrected, and to make the same agree in all 
respects, and said judges shall then attach at the end of each register, 
in substance in the words and figures following: 

"We, the undersigned, judges of election in precinct of the ward of 

the city of m the State of Illinois, do jointly and severally certify that at 

the general registration of electors in said election precinct, on the day of 

, there were registered by us in said election precinct the names which in 

this book are entered, and that the number of registered and qualified voters was and is the 
number of 

Dated 

43. § 5. Said board of registry shall, on or before noon of the day 
following such registry, hang up the register, which shall be known as 
the public register, at the place of registration, which shall be accessible 
to the public during all business hours, and the other two registers shall 
be returned to the board of election commissioners, within the time afore- 
said. Any voter of the ward, village or town shall be permitted to be 
present at the place of registration in said ward, and shall have the right 



ELECTIONS. 157 



to challenge any applicant who applies to be registered. And when chal- 
lenged, such applicant must make an affidavit in writing, setting out 
the facts which constitute him a voter in such precinct, and leave it with 
said board of registry, and if it shall be deemed sufficient and if the 
board is convinced that such person is a qualified voter, then he must be 
admitted to such registry as qualified. And any person claiming to be 
an elector of any election precinct in such city and who, upon applica- 
tion, is denied the right to be registered as a qualified voter in such pre- 
cinct, may, within two days after such denial of registry, make and sign 
an application in writing, under oath, to said board of election com- 
missioners, in substance in the following form: 

' 'I do solemnly swear that I, , did on 

make application to the board of registry of the precinct of 

ward of the city of and that said board refused to register me as a qualified 

voter in said precinct; that I reside in said precinct, am a duly qualified voter and entitled 
to vote in said pi-ecinct in the next election." 

43. § 6. On Tuesday, three weeks preceding such city, village or 
town or state or county election, said board of registry shall again meet 
at the place designated, and said clerks of election shall meet with them, 
and they shall remain in session from eight o'clock A. M. until nine 
o'clock P. M. for the purpose of registering all qualified voters not before 
registered, and who shall apply in person to be registered, and also for 
the purpose of noting the names of any persons on such registry whom 
they suspect not to be qualified voters. The same forms shall be ob- 
served as to applications made on the second day as were required on 
the first day of registration. If any voter of the ward, village or town, 
during such session, sha'l come before the board of registry and make oath 
that he believes any particular person upon such registry is not a quali- 
fied voter, such fact shall be noted. At the end of such day's registration 
the said registers shall be examined, compared and made to agree, and 
they shall then be signed by the judges in the same way as at the end of 
the first day's registry, and similar certificates shall be attached thereto. 
Before separating, said judges shall make out and deliver to such clerks 
a list, with the address upon the registry, of all those who have been 
registered as qualified voters, whom either one of said judges suspects 
may not be a qualified voter, which list shall include the names and ad- 
dress of all those as to whom any voter of the ward, village or town may 
have made complaint as to their qualification as above provided. If said 
judges shall, however, know that any person so complained of is a quali- 
fied voter, and shall believe that such complaint was only made to vex and 
harass such qualified voter, then such name shall not be put upon such 
list of suspected persons; but it shall go upon such >ist in case any one of 
the judges desire it. It shall be the duty of said clerks during the ses- 
sion of that day, and before said board adjourns or separates, to make 
a copy of all the names upon such registers, marked qualified, together 
with the addresses as indicated on such registers. Said judges sha'l, 
before noon of the next day, hang up such public register at the place of 
registration, and, within the same period of time, return the other two 
registers to the office of said election commissioners. 

4:4. § 1. The clerks of emotion are hereby constituted canvassers 
of the precinct for which they are appointed, and upon the Wednesday, 
Thursday and Friday following the second day of registration, if so 
much time shall be required, said two clerks shall go together and can- 
vass such precinct, calling at each dwelling p^ce or each house where 



158 ELECTIONS. 



any one may reside in such precinct, and ascertain the name of every 
male inhabitant over twenty-one years of age residing in such precinct, 
and write the same down in a canvassing book furnished for that purpose 
by said commissioners, and such canvass lists shall be arranged by streets 
and street numbers. Said canvassers shall also note what information 
can be obtained as to whether the persons upon their canvass list are 
qua'ified voters, and if either of them shall be of the opinion that he is 
not, to make a minute briefly stating his reasons. Whenever deemed 
necessary by said canvassers, or either of them, he, or they, may demand 
of the superintendent, captain or lieutenant of police, having command of 
such portion of the city, village or town, to furnish a policeman to accom- 
pany them and protect them in their duties when necessary ; and it shall 
be the duty of such superintendent, captain or lieutenant having au- 
thority over such police, in such locality, to furnish a policeman for 
such a purpose, and in default thereof, such captain, superintendent or 
lieutenant shall be deemed guilty of a misdemeanor under this act, and 
shall be liable to a penalty not exceeding $100 nor less than $25. If, in 
making such canvass, any person shall refuse to answer questions and 
to give the information asked for and known to him or her, such person 
shall be deemed guilty of a misdemeanor under this act, and shall be 
liable to a penalty not to exceed $50. In making such canvass said can- 
vassers shall make special inquiry at the residence, as designated in the 
registry, of all the persons so registered as qualified voters. And if 
they, or either of them, suspect any person so registered not to be quali- 
fied, though he is not upon their suspected list, they shall add his name 
to such suspected list, or if they find or believe that one so registered 
does not reside at the place indicated on such registry list, they shall 
also add his name to the suspected list. 

45. § 8. After such canvass is finished, said canvassers shall com" 
pare the same with the list of qualified voters so registered, and in their 
possession, and if any one shall appear upon said registry not found 
by them in their canvass, or who may, if found, be suspected as to his 
qualifications by either or both of said canvassers, if such name shall not 
already have been added to their suspected list, it shall then be added, 
whereupon said canvassers, or one of them, shall sign a notice and send 
the same through the mail, duly stamped, to the address given of all 
persons who are upon such suspected list, requiring such person to ap- 
pear before the board of registry upon the Tuesday following, giving 
the time of such session, and show cause why his name should not be 
erased from such register. Proper blanks and postage stamps shall be 
furnished for this purpose to said canvassers by the board of commis- 
sioners. A similar notice shall be also served by one of said canvassers 
upon such party, personally, before the following Tuesday, and if he can- 
not be found at the place designated upon said registry, the same may 
be left at the place of residence designated, if there be such a place. 
Such notice, sent through the mail, must be mailed not later than Saturday 
of the week of such canvass. 

46. § 9. On the Tuesday, two weeks preceding such general county, 
city, village, town or State election, said hoard of registry shall again 
meet at the place designated, and said clerks of election shall meet with 
them, and they shall remain in session from six o'clock P. M. to ten o'clock 
P. M. for the sole purpose of revising their registry, and no new names 



ELECTIONS. 159 



shall be added. Said canvassers, or one of them, at the beginning of the 
session, shall make affidavit as to the mailing of the notices sent by him 
or them, and to whom directed, and where, and as to the personal service 
upon such party, or as to the leaving of the same at his place of resi- 
dence so designated, if there is any such place; and if any person to 
whom such notice was sent, shall appear before the board of registry 
during that session, he shall make and sign an. affidavit, in substance, as 
follows : 

' 'I do solemnly swear that I am a citizen of the United States, and that I have resided 

in the precinct of the ward, in the city of and the 

county of and the State of Illinois, since the day of ; 

that I have never been convicted of any crime (or if convicted, state the time, and when 
pardoned by the Governor of any State.)" 

Which affidavit shall be signed and sworn to before one of such board 
of registry, and it shall be preserved and filed in the office of said 
election commissioners. Thereupon said board of registry shall further 
examine him, and shall also swear such canvassers, and hear them upon 
the question, and they shall also have the power to send one or both of 
said canvassers to make further examination, and inquire at the place 
claimed by such person to be his residence ; and again examine such 
canvassers touching the same, and if, after such further examination and 
hearing, the majority of said board are of the opinion that such person 
is not a qualified voter in such precinct, they shall mark the word "yes" 
under the column of the registry marked "erased," and shall also draw 
a line in ink under his name, which memorandum, in case of any regis- 
tration, shall indicate that the name of such person is erased from the 
register, and such person shall not be entitled to vote unless his name 
be restored as hereinafter provided. During the last hour of said ses- 
sion, if any person so notified to appear at such session has not yet ap- 
peared and shown cause why his name should not be erased from such 
register, the same shall be erased in the manner aforesaid. Persons 
whose names have been so erased, may make application in writing to 
said board of election commissioners within two days thereafter to be 
restored to such register, as in the cases before provided for. Either 
of said clerks shall have the power and rights of both in the matter 
pertaining to such canvass, except that both are required to go to-, 
gether and make such canvass, but in case either refuses to go or neg- 
lects to go and make such canvass, as aforesaid, then the other may 
make such canvass alone. But a clerk who wilfully neglects to perform 
his duty in making such canvass, shall be deemed guilty of a misde- 
meanor, and, on conviction, shall be imprisoned in the county jail not 
exceeding sixty days nor less than thirty days. In case of temporary 
disability on the part of either canvasser or clerk, the judge, who belongs 
to the same party, may appoint a temporary clerfc or canvasser, who 
shall belong to the same party, and administer to him the usual oath 
of office, and he shall perform all the duties of the office until the dis- 
ability of the regular clerk or canvasser is removed. 

47. § 10. At the end of the last session above provided for, the 
said board of registry and said clerks shall compare and correct the 
three registers aforesaid and make them correspond and agree, and said 
judges shall then, immediately following the last name on each page 
of the register, sign their names, so that no other names can be added 
without discovery, and shall add the certificate as provided at former 



160 ELECTIONS. 



sessions. And thereupon and during the forenoon of the next day, 
said judges shall hang up the registry, known as the public register, 
in the place of registration for the use of the public, and shall return the 
other two registers to the possession of the board of election commis- 
sioners; and thereupon the said board of commissioners shall at once 
cause copies to be made of such registers of all names upon the same 
with the address not marked erased, and shall have the same arranged 
according to the streets, avenues, courts or alleys, commencing with the 
lowest number, and arranging the same in order according to the street 
numbers, and shall then cause such precinct register, under such 
arrangement, to be printed in plain large type, in sufficient numbers to 
meet all demands, and, upon application, a copy of the same shall be 
given to any person in such precinct. Said commissioners may, in their 
discretion, cause such precinct register to be published in one or more 
newspapers published in said city. 

48. § 11. Any voter or voters in the ward, viHage or town con- 
taining such precinct, may make application in writing, before such board 
of election commissioners, to have any name upon such register of any 
precinct in the ward erased, which application shall be, in substance, in 
the words and figures following: 

' 'I (or we) do hereby solemnly swear (or affirm) that I (or we) believe that 

is not a qualified voter in precinct of ward of the 

city (village or town; of , and hence I (or we) ask that his name be erased from 

the register of such precinct." 

Such application shall be signed and sworn to by the applicant and 
filed with said board. Thereupon notice of such application with a 
demand to appear and show cause why his name shall not be erased 
from said registry, shall be personally served upon such person, or left 
at his place of residence, named in such registry, by a messenger of said 
board of commissioners, and, as to the manner and time of serving such 
notice, such messenger shall make affidavit; said messenger shall also 
make affidavit of the fact, in case he cannot find such person or his place 
of residence, and that he went to the place named on such register as 
his place of residence. Such notice shall be served at least one day 
before the time fixed for such party to show cause. Said commissioners 
shall also cause a like notice, or demand, to be sent by mail, duly stamped 
and directed, to such person to the address upon said registry, at 
least two days before the day fixed in said notice to show cause. 

49. § 12. A docket of all applications to said commissioners, 
whether said applications shall be made for the purpose of being regis- 
tered, or for the purpose of erasing a name on the register, shall be made 
out in the order of the wards and precincts. The commissioners shall sit 
to hear such applications on the Thursday following the Tuesday two 
weeks before said election, and shall continue such session the remainder 
of that week, if necessary. They shall take up the wards or precincts 
in their numerical order and shall divide the business, fixing various wards 
for various days of such session, if necessary, and shall give public notice 
in one or more of the newspapers of said city, village or town, if there be 
any such newspaper, of the day when they will hear the applications from 
the various wards or precincts. If application by any voter to erase a 
name from the register, or an application to be registered, shall be filed 
too late to go upon such docket, such application shall be heard on the last 
day of that session. The decision on each application shall be announced 



ELECTIONS. 161 



at once after hearing and a minute made thereof, and when an appli- 
cation to be registered or to be restored to such register shall be allowed, 
the said board shall cause the same to be made upon the two registers of 
said precinct so in its possession. And where an application to erase 
a name shall be allowed, said board shall cause the same to be erased 
forthwith. 

50. § 13. The county court of the county in which such city, village 
or incorporated town shall be located, shall, on the Monday or Tuesday 
of the week prior to the week in which such election is to be held, 
specially sit to hear such applications as shall be made to it to be 
placed upon the register in any particular precinct. Such applications 
shall be sworn to, and shall state that the party making the same has 
applied to the board of registry of the precinct and to the board of 
election commissioners, and that one or both boards refused to place 
him upon such register, or has stricken his name from such register, as* 
the case may be. Applications shall be made on or before the opening 
of the court, on the Monday last aforesaid, and the court shall make 
out a docket of such applications, arranged by wards and precincts, and 
the same shall be heard summarily, and evidence may be introduced for 
and against such application. Each case shall be decided at once on/ 
hearing, and the clerk of the court shall make a minute of the disposi- 
tion of each application, and on the Wednesday following, or as soon 
thereafter as possible, an order shall be entered of record, granting all 
such applications as are allowed by the court, indicating each name and 
the precinct and ward where he is entitled to vote, a certified copy 
of which shall at once be given to said commissioners, who shall forth- 
with cause such names to be placed upon the appropriate register, and 
indicate that it was so entered by order of court. After the entry of 
the applications so allowed by said court, no further change shall be per- 
mitted, and the appropriate stamp prepared shall be fixed at the end of 
each page of names in each precinct register by said board of commis- 
sioners. Said books of registry so prepared, shall, on the day prior 
to the election, be delivered to the judges of election, one only, 
however, to be delivered to the judge or judges representing the same 
political party. No person admitted to the registry by order of such 
court or such board, shall be protected by such order in case he should 
be indicted for false registration or false voting. 

51. § 14. In case said county court shall refuse any such applica- 
tions, an order shall be entered accordingly on the Wednesday following 
the session of the court held for the purpose aforesaid, and any person 
desiring to appeal from the said order may appeal to the Supreme 
Court of the State, if application be made therefor within five days after 
the entry of said order, and such appeal shall be allowed on the giving 
of an appeal bond in the penalty of $250, conditioned to pay the 
expenses of such appeal. The time for filing such appeal bond and 
certificate of evidence shall be fixed by the court, and upon presentation 
to the court of a certificate containing the evidence heard at such hear- 
ing, within- the time fixed by the court, the court shall sign the same, 
and thereupon the same shall become part of the record in said cause. 

53. § 15. A. supplemental list of all persons who shall have been 
registered by order of said board, or by order of such county court, and 
a supplemental list of all persons erased from such registry by order of 

—11 



162 ELECTIONS. 



said board of commissioners or of said county court, of sufficient quantity 
to accommodate each precinct, shall be printed by such board, and 
thereupon on the day of election, said board shall cause to be posted 
up at each precinct where such election is to be held, the original printed 
registry and the supplemental lists aforesaid, and shall also cause a copy 
thereof to be delivered to each judge and clerk, and to all other persons 
of the ward, village or town demanding the same. 

«>3. § 16. If the first general registration under this law shall be made 
for au election held prior to a presidential election, then the next new 
and general registration shall be for the general election held the same 
time with the presidential election, and a new general registration shall 
be made and had every four years thereafter for the general election 
held at the same time with the presidential election. Every general 
registration shall be made in the same manner and in conformity with 
the directions above given for the first registration. At every general 
registration every person desiring registration must appear in person 
and make application, under oath, as in the first instance. At every sub- 
sequent general registration after the first, the board of registry shall be 
entitled to the previous registry from the board of election commis- 
sioners, for the purpose of comparison and assistance in identification, 
and if any one shall apply for registration who appears upon such prior 
registry as disqualified for any reason, his name shill be entered upon 
such registration, but he shall be marked disqualified, unless such grounds 
of disqualification have been removed. The same forms and blanks, and 
methods and proceedings shall be had before and by the board of regis- 
try, and by the canvassers, and by and before the judges of election and 
election clerks, and by the board of election commissioners and county 
court in every subsequent general registration, as is directed herein 
for the first registration and election following same. 

INTERMEDIATE REGISTRATION. 

54L. § 17. At every election held in such city, village or incorpo- 
rated town, between the general registrations above provided for, (except 
in case of a special election in or for such city, village or town, or in some 
part of said city, village or town, and except at any judicial election held 
between such general registrations, at which election no other officers 
than judicial officers are to be voted for,) the last general registration 
shall be used, but the same shall be revised by the board of registry of 
each precinct where such election is to be held; and for that purpose the 
board of registry shall meet on Tuesday, three weeks preceding such 
election, and shall hold a session from eight o'clock A. M. to nine o'clock 
P. M. on that day, and names may be added on the registers in the 
same way, upon sworn application, as in case of a general registration, 
and all the same forms and requirements are to be observed. If it shall 
appear that such applicant had, before that time, been upon the registry 
in any other precinct in such city, village or town, his name shall not be 
added to the registry where application is made, until he produces a cer- 
tificate of removal given him by the board of registry in such other pre- 
cinct, which certificate shall be, in substance, as follows : 



ELECTIONS. 163 



" Precinct, Ward 

This is to certify that the name of , heretofore residing 1 at 

in this election precinct, has been by us, the board of registry of this precinct, stricken 
from the registration of the precinct, and the proper erasure made, upon his oath of re- 
moval, and at his request, and that upon the register of this election precinct the follow- 
ing entries appear with reference to him : 

Name Residence 

Nativity Color 

Time of residence in precinct. 

" " " county 

" " " State 

Naturalized Date of papers 

Court Qualified voter 

Date of application 



Board of Registry." 

The above certificate shall be granted by the board of registry when 
in session, or by the board of election commissioners prior to said ses- 
sion of the board of registry, upon such applicant making and subscrib- 
ing in substance the following oath: 

"I, ,do solemnly swear (or affirm) that I now reside at 

No — , street (or avenue), in the cityivillage or town) of ; 

that I am duly entered as a qualified voter in the registers of the precinct 

of the ward of said city (village or town), as residing- at No , 

street (or avenue); that I have removed from the said last mentioned residence, and I do 
hereby request that the proper entries and records be made, and that my name be erased 
from the registers of said last mentioned precinct and that a certificate of removal be fur- 
nished me at this time." 

The foregoing affidavit shall be written or printed on the back of such 
certificate of removal, and when presented to such board of registry in 
which such applicant resides, it shall be taken by said board and returned 
to the office of such commissioners of election. When such certificate 
shall be granted, either by such board of registry or by said board of 
commissioners of election, as the case may be, the name of such appli- 
cant shall be ei'ased from the registers of the precinct from which such 
removal took place. If a voter remove from one place in a precinct to 
another place in the same precinct, such party must appear before such 
board of registry, when in session, and make oath as to such removal, 
and the registers shall be corrected accordingly, and if not corrected 
such person cannot vote until it is corrected. 

55. § 18 It shall be the duty of the board of registry, after the 
close of the last mentioned session, to note for erasure from such reg- 
istry the names of all persons known or supposed to be dead, and the 
names of all persons who are suspected of having been convicted of a 
penitentiary offense and have not been pardoned, and the names of all 
persons who are supposed to have removed from such precinct and have 
not taken out removal papers, and the names of all persons who are 
suspected-to be not qualified as voters, and they shall,' before separating, 
make out a list of all persons noted for erasure, with the address, as the 
same appears upon the registers. In making out such list said board of 
registry shall treat as persons suspected of not being qualified voters, all 
persons against whom complaint is filed by any voter in the ward, 
village or town. Such complaint shall be in substance as follows: 

''I, , a voter of the wai-d, (village or town), do 

•solemnly swear that I believe , who purports to reside at 

, is not a qualified voter in the ward, (village or town), 

•of the precinct of the city (village or town,) of ". 

If such board knows or honestly believes, having a basis of fact for 
such conviction, that such complaint is untrue and is made for vexa- 
tious purposes, they shall pay no attention to such complaint and need 



164 ELECTIONS. 



not note such name for erasure, unless demanded by one of said judges. 
All suspected persons shall be arranged under the following headings : 

"Disqualified voters," under which shall be placed the names of sus- 
pected criminals or other persons suspected to be disqualified. 

Under the heading " Deceased voters," shall be placed all who are 
known to be, or suspected of being dead. 

Under the heading "Removed," shall be placed all who are sus- 
pected of having removed from their last address. 

The clerks of election shall make out such lists under the direction of 
such board. 

5G. § 19. At the end of such session such registers shall be made 
to agree, and where there is any difference a majority of said board 
shall decide the same, and then each of said judges shall sign each 
page of each register made, below the last name on each page, so that 
no name can be added thereto without discovery; and the usual certifi- 
cate shall be added. Two of such registers shall be returned to said 
board of election commissioners by noon of the next day, and the one 
called the public register shall be hung up in the place of registration. 
The clerks, during that session, shall make a copy of all the names and 
addresses upon the registry for the purpose of their canvass on the next 
day, and they shall compare their copy with such registers and know 
they are correct. 

57, § 20. Said clerks as canvassers shall, on Wednesday and 
Thursday following, if so much time is required, call at each address 
upon such registry, and in their canvassing books note the facts ascer- 
tained touching such persons. If the party indicated in the registry be 
dead, to note that fact; if he be removed, note such fact. If no trace 
can be found of him, note such fact. If he is suspected by either as 
being disqualified, to note it, and if marked in the list as dead and he 
be found still living at such address, note the fact and erase him from 
the " suspected list." Such canvassers after such canvass shall add to 
their "suspected list" all names which are not already upon it, with 
the address as found in the register, and whom they, in their canvass, 
found to be dead, or to have removed, or who cannot be found, or whom 
he or they suspect not to be a qualified voter. Thereupon said canvassers, 
or one of them, shall sign a notice and send the same through the mail 
duly stamped to the address given of all persons who are upon the "sus- 
pected list," requiring such persons to appear before the board of regis- 
try upon Tuesday following, giving the time of such session, and show 
cause why his name should not be erased from said registry. A similar 
notice shall also be served by one of said canvassers upon such party 
personally before the following Tuesday, and if he cannot be found 
at the place designated upon said registry, the same may be left at 
the place of residence designated, if there be such a place. Said notices 
sent through the mail must be mailed not later than Saturday of the 
week of such canvass. When demanded by said canvassers, a police- 
man shall be ordered to accompany them, as hereinbefore provided in 
case of general registration, and the persons or officers upon whom such 
demand is made, if the demand shall not be complied with, shall be sub- 
ject to the same penalties as in case of refusal when making a canvass 
for said general registration. 



ELECTIONS. 165 



58. § 21. The next meeting of such board of registry for revision 
shall take place on the evening of Tuesday, two weeks before such 
election, and a session shall then be held from six o'clock P. M. to ten 
•o'clock P. M. At such meeting said canvassers, or one of them, shall 
file with said board an affidavit of the facts noted by him or them as 
aforesaid, giving the names and address of those not found who were 
upon such registers, and also the names and address of those actually 
served with such notice, or served by leaving such notice at the 
designated place of residence, stating in which manner service was 
made, and also stating the names and address of all those to whom such 
notice was mailed, and when mailed. No new names shall be added at 
such meeting. 

59. § 22. At such meeting all of said registers shall again be pro- 
duced, and said board shall hear every person. that appears before them, 
to whom such notice, to show cause why his name should not be erased 
from such registers, was sent, in the same manner provided for in case of 
the first registration, and if a majority of said board shall decide that 
such person is not a qualified voter, his name shall be erased from such 
register. Evidence on either side may be heard, and all witnesses or 
parties shall be sworn. If qualified voters so noted as dead or removed 
are not dead and have not removed, their names shall stand, but if any 
persons, upon such registers, who have been so notified, do not appear at 
such session, the said board shall, during the last hour of such session, 
cause all such names to be erased and marked as dead, or removed, or dis- 
qualified, as the case may be. The fact of such erasures should be 
noted on the register as nearly as can be ascertained. Under all cir- 
cumstances, the name of the party so notified to appear to show cause, 
shall be erased if he does not appear, whether the cause of erasure can 
be ascertained or not. Non-appearance, when so notified, shall be 
evidence of disqualification. 

GO. § 23. The three registers shall then be compared and be made 
to agree where there is any difference, and all three shall be signed at 
the bottom of each page by all of said judges immediately under the 
last name on that page, so that no new name could be added with- 
out discovery. Such revision of the registry by said board of registry, 
shall then be considered closed, and no other names can be added by 
said board, and a certificate of the number of qualified voters shall 
then be attached, and one of said registers designated, as the public regis- 
ter,, shall then be hung up at the place of registration for public inspec- 
tion at all times prior to the election; and the other two books of regis- 
try shall, by noon of the next day, be returned to the said board of elec- 
tion commissioners. 

©1. § 24. Said board of election commissioners shall immediately, 
upon the return of said registers, cause the registry of each precinct to be 
copied and arranged according to street numbers, as in case of the first 
registration, and shall cause a suitable number of each precinct to be 
printed for distribution; and shall cause a copy thereof to be posted, 
and copies given to the judges and clerks, as provided in case of first 
registration; and also to furnish printed supplemental lists, as before 
directed as to the first registration. 

62. § 25. Any person whose application to register was made 
at the proper time and was refused, and any person whose name was 



166 ELECTIONS. 



erased from the registry at the last session of the said board of regis- 
try, shall have the right, within two days after the said last day's ses- 
sion, to file a written application, with said election commissioners to 
have his name inserted in such registry as a qualified voter. And 
any voter of a ward, village or town may file before said board of elec- 
tion commissioners his application to have any name erased from said 
register, and thereupon the same proceedings shall be had with reference 
to such applications in the san.e way as in the case of the first registration 
under this act, and as above provided, except as to the length of time of 
the session of said board for the purpose of hearing applications, which 
session may be fixed by said board to suit its convenience, so as to give 
an opportunity for such applicants to be heard; said board of election 
commissioners shall cause such name to be added or erased from said 
registers in the same way as provided in the case of general registration. 
In case of denial of registration or of erasure by the said board of elec- 
tion commissioners, application for a review may be had and taken be- 
fore the county court, as in case of the first registration under this act, 
and said county court shall sit on Monday and Tuesday of the week 
prior to the week in which such election takes place, and hear and dis- 
pose of such applications in the same way, and make orders with refer- 
ence thereto in the same way, and in the same way grant appeals and 
sign certificates of evidence. The same forms and methods shall be 
used and adopted with reference to such applications for review, as in 
such first general registration; and said board of election commission- 
ers shall enter in such registers, so in their possession, the names as 
allowed by themselves to be registered as qualified voters, and also 
those ordered by said county court to be entered as qualified voters, and 
thereupon said board shall stamp each register as above provided, and 
no person can vote at the next election whose name is not upon said 
register unerased. The day before such election, said two registers 
shall be returned to the judges of election for use on election daj^, one 
being given to the judge or judges of the opposite leading political 
parties. 

©3. § 26. On election day said judges shall take possession of 
said third, or public register and after such election, and on the 
next day, all three of said registers shall be returned to said board 
of election commissioners, and said third public register shall, imme- 
diately after such election, be corrected by said board of commission- 
ers, so as to correspond with the other two registers, or in case it shall 
be mutilated, or in case any register of any precinct shall be lost, said 
board of commissioners shall cause a true copy to be made from the 
other register or registers, so that prior to the next meeting of the 
board of registry there shall be three registers for each precinct. This 
section is made applicable, and it shall be the duty of the judges of 
election to observe it, after each and every election. 

G<4. § 27. At any special election occurring in a portion of such 
city, village or town only, or which is to fill a vacancy occurring in a single 
office, and at all judicial elections, at which no other than judicial officers 
are to be elected, there shall not be a previous revision of the registry. 
But at such special or judicial election any legal voter of a precinct 
shall be entitled to vote, in case he shall hie with the judges of elec- 
tion an affidavit stating the time when he removed into such precinct 



ELECTIONS. 167 



and the length of his legal residence in such precinct, county and State, 
and that he has removed into that precinct since the last registration 
of electors at the last election, and that he is a legal voter of such 
precinct, supported by an affidavit of a registered voter and house- 
holder of the precinct that he knows such person, and that his state- 
ments as to his time of residence, as aforesaid, are correct, and that 
such person is a legal voter in such precinct. But it shall be the duty 
of such judges of election to examine him on oath as to his qualifica- 
tions, and, if they are of the opinion that he is not a legal voter, or did 
not remove into such precinct since the last general or intermediate 
registration, they shall not accept of his vote. The books of registry 
shall be used at such elections, and no one can vote unless upon such 
registry, except under the circumstances and through the method 
aforesaid. All affidavits shall be returned to the office of such election 
commissioners by the judges of election after every registration and 
after every election. 

©«5. § 28. The registers in the office of the election commissioners 
shall, at all times, be open to public inspection without charge. 

66. § 29. Said judges of election of any precinct shall, on the day 
preceding any election, call at the office of said commissioners, and re- 
ceive two registers of such precinct, one being received by the represen- 
tative of one leading political party, and the other by the representative 
of the other leading political party. The ballot box of such precinct 
shall be delivered to one of said judges with the key, and it shall con- 
tain the poll books and all the blanks and stationery required for such 
election. 

©7. § 30. If any person shall wilfully remove, mutilate or destroy 
the public register, hanging up at the place of registry, he shall be guilty 
of a misdemeanor, and, upon conviction, .shall be imprisoned in the 
county jail not less than three months nor more than twelve months. 

68. § 31. Any vacancy upon such board of registry, on the day of 
registration, shall be filled by the judge or judges present, always select- 
ing a person of the same political party as the party absent, and the 
same oath shall be administered by one of the judges present to such 
temporary judge, as provided for regular judges. Whenever any regu- 
lar judge shall return or be present, such temporary incumbent shall 
vacate his office. 

Article IV. — Elections. 

69. Section 1. The election polls shall be opened at six o'clock 
in the morning, and continued open until four o'clock in the afternoon, 
of the same day, at which time the polls shall be closed, and if any 
judge or clerk shall be behind time for fifteen minutes after the time 
for opening such polls, he shall be guilty of a misdemeanor under this 
act and punished accordingly. No judge or clerk shall absent himself 
to exceed five minutes at any time, until the ballots are all cast and 
counted and returns made, except one at a time of such judges or clerks 
may absent himself for sufficient time to cast his vote in the precinct 
where he belongs. And when absent for any cause, said judge or clerk 
shall authorize some one of the same political party with himself to act 
for him until his return. 



ELECTIONS. 



TO. § 2. If any judge or clerk shall not be present after the expi- 
rat on of fifteen minutes from the time to open the polls, the judge or 
judges present shall fill the place of such absent judge or clerk, always 
selecting a person of the same political party as the party absent. And 
one of the judges shall administer to such substitute the oath as required 
of the judge or clerk originally appointed, and blank forms shall be sent 
out by the commissioners for such purpose. Which oath shall be pre- 
served and returned to the commissioners, and such appointee shall be 
considered an officer of the county court, and subject to the same punish- 
ment and penalties as any other judge or clerk. Whenever such regu- 
lar judge or clerk shall be present, such substitute shall cease to act. 
Any judge or clerk who shall wilfully absent himself from the polls 
on election day, without good cause, shall be guilty of a misdemeanor, 
and be subject to a fine or penalty of five hundred dollars. And if such 
judge or clerk shall wilfully detain any register or poll book, and not 
cause it to be produced at the polling place, at the opening of the 
polls, or for fifteen minutes thereafter, he shall be guilty of a misde- 
meanor, and, on conviction, shall be imprisoned not less than three 
months nor more than one year in the county jail, or be fined not less 
than two hundred dollars nor more than one thousand dollars. 

71. § 3. Before voting begins, the ballot box shall be empty and 
shall be opened and shown to those present to be empty; and it shall 
not be removed from the public view from the time when it is shown 
to be empty until after the close of the polls. It shall be locked and the 
key delivered to one of the judges, and shall not be again opened until 
the close of the polls. The judges of election shall each be held guilty 
of a misdemeanor, and, on conviction, shall be fined a thousand dollars, if 
such ballot box shall not be kept constantly in public view during 
the progress of the election; unless it shall be shown by such judge that 
he protested against such obstruction of the view of the ballot box, and 
was overruled by the majority of the judges. If any barricade or 
other obstruction of any kind shall be, prior to or during such election, 
interposed, so that all who desire carinot constantly see such ballot box, 
it shall be the duty of such judges to remove such obstruction on request 
or on their own motion, and if such obstruction shall not be removed 
on request, it shall be the duty of any sheriff, constable or police officer 
to remove the same on request. And such judges shall be guilty of a 
misdemeanor and liable to a penalty of a thousand dollars, on conviction, 
for not removing the same on demand, and shall be imprisoned in the 
county jail not less than six months nor more than two years. Any 
judge or justice of the peace shall have jurisdiction, on complaint, to is- 
sue a warrant to any constable, or the sheriff of the county, to remove 
such obstruction as a nuisance; and in executing such warrant he may 
•call any person to his assistarce, and no other officer of the law or pri- 
vate individual shall interpose or interfere with such removal; and if he 
does he shall be guilty of a misdemeanor, and, on conviction, shall be 
imprisoned in the county jail not less than sixty nor more than ninety 
days. 

¥%» § 4. Each of the clerks of election shall keep a poll book 
which contains a column headed ''Number;" another headed "Resi- 
dence," and another "Names of Voters." The name of such elector 
voting shall be entered upon each of the poll books by the clerks, in reg- 



ELECTIONS. 169 



ular succession, under the proper headings, and the number of such voter 
placed opposite the name in the column headed "Number." 

73. § 5. Each voter may write his name upon the back of his ballot 
with ink or in pencil. 

74. § 6. One of said judges of said election shall receive the ballot 
from the voter, and shall announce the residence and name of such 
voter in a loud voice. And the other two judges shall use and handle 
the two registers delivered to the judges by said commissioners, each 
using one. And when the name is found by both upon the registers, 
and the residence, as given by such voter, corresponds with the resi- 
dence on such registry, and he is marked as a qualified voter therein, 
and not erased, then such judge shall receive such ballot unless such 
voter is challenged, and shall fold the same if it be not folded, and shall 
mark the number of such vote thereon, which shall correspond with the 
number, as then and there entered by said poll clerks upon the poll 
books. Said judge shall then put said vote into the ballot box in the 
presence of the voter and of the judges and clerks of election, and in 
plain view of the public. The judges having charge of such registers shall 
then, in a column prepared thereon in the same line of the name of the 
voter, mark "voted" or the letter "V." If such person so registered 
shall be challenged as disqualified, the party challenging shall assign 
his reasons therefor, and thereupon one of said judges shall administer 
to him an oath to answer questions; and if he shall take said oath he shall 
then be questioned by said judge or judges touching such cause of chal- 
lenge, and touching any other cause of disqualification. And he may 
also be questioned by the person challenging him in regard to his 
qualifications a* d identity. But if a majority of the judges are of the 
opinion that he is the person so registered and a qualified voter, his vote 
shall then be received accordingly. But if his vote be rejected by such 
judges, such person may afterwards produce and deliver an affidavit to 
such judges, subscribed and sworn to by him before one of said judges, 
in which it shall be stated how long he has resided in such precinct, 
county and State, that he is a citizen of the United States, and is a duly 
qualified voter in such precinct, and that he is the identical person so 
registered. Also supported by an affidavit by a registered voter who is a 
householder residing in such precinct, stating his own residence, and that 
he knows such person; and that he does reside at the place mentioned 
and has resided in such precinct, county and State for the length of 
time as stated by such person; which shall be subscribed and sworn to in 
the same way. Whereupon the vote of such person shall be received, 
numbered and entered as other votes. But such clerks and the judges, 
having charge of such registers, shall state in their respective books 
the facts in such case, and the affidavits, so delivered to said judges, shall 
be preserved and returned to the office of the commissioners of elec- 
tion. Blank affidavits of the character aforesaid shall be sent out to the 
judges of all the precincts and the judges of election shall furnish the 
same on demand and administer the oaths without criticism. Such oaths, 
if administered by any other officer than such judge of election, shall not 
be received. 

75. § 7. The vote of no one shall be received by said judges whose 
name does not appear upon said registers as a qualified voter. 



1 *70 ELECTIONS. 



76. § 8. At every election each of the political parties shall have 
the right to designate and keep a challenger at each place of registra- 
tion, revision of registration and voting, who shall he assigned such 
position immediately adjoining the judges of election, inside the poll- 
ing or registration booth, as will enable him to see each person as he 
offers to register or vote, and who shall be protected in the discharge of 
his duty by the judges of election and the police. And authority, signed 
by the recognized chairman, or presiding officer of the chief managing 
committee of a party in any such citj^, village or incorporated town, shall 
be sufficient evidence of the right of such challenger to be present in- 
side the room where the ballot box is kept. But in case any chal 
lenger cannot or does not produce the authority of such chairman, it 
shall be the duty of said judges of election to recognize a challenger 

. that shall be vouched for and presented to them by the persons present 
belonging to such political party, or who shall be vouched for by the 
judge representing such party. The chairman of the managing committee 
of each political party for such city, village or town may remove any 
challenger appointed by him. The challenger, so appointed and admitted 
to the room where such ballot box is kept, shall have the right and privilege 
of remaining during the canvass of the votes, and until the returns are 
duly signed and made. Each political party shall also have the right to j 
a challenger, placed conveniently outside of the polling booth, but not 
in the way of the voters. In addition to such challenger, each of the 
political parties casting votes at such poll, at the close of the polls, 
shall have the right to the admission of two persons of their political 
faith into the room where such ballots are to be canvassed, to watch 
such canvass, which watchers may be selected by the captain of the ward 
or precinct, or other persons managing the political interests for such 
party in such ward or precinct, and, in the absence of such selection, it 
shall be duty of the judges of such election to admit into such room two 
persons of each political party so voting at such election, and who 
shall be vouched for by the judge or judges representing such political 
party, to be present during the canvass of such votes and the making of 
such returns. That such persons shall be of good character, and sober, - 
and shall in nowise interfere with such canvass. The police shall in 
no manner interfere with the entrance of such watchers into such room, 
but they shall keep order, and in case of any disorderly conduct on the 
part of any bystanders or watchers, it shall be the duty of the police to^ 
exclude such persons from such room. It shall also be the duty of such 
judges of election to admit one or more policemen to be present in such 
room at the time of such canvass. 

77. § 9. Said judges of election shall have authority to keep the] 
peace and to cause any person to be arrested for any breach of the 
peace or for any breach of election laws, or any interference with the pro- 
gress of such election or of the canvass of the ballots ; and it shall be 
the duty of all officers of the law present to obey the order of such 
judges of election, and an officer making an arrest by direction of any 
judge, shall be protected in making such arrest the same as if a warrant 
had been issued to him to make such arrest. 

78. § 10. It shall be the duty of the board of election commission- 
ers, at any judicial election, at which no other officers are to be elected 
than a judge or judges, to appoint two competent and discreet persons 



ELECTIONS. 171 



residing in any ward, village or town, to act as official ticket holders for 
each precinct on the day of election, one from, each of the leading political 
parties of the State, and who shall wear a badge indicating that they are 
such official ticket holders. Such commissioners shall furnish them 
with a box conveniently arranged to contain such tickets or ballots. 
And it shall be the duty of both such official ticket holders to keep on 
hand, if furnished to them, tickets of each candidate at such election in 
such precinct, and to furnish the ticket asked for by any person, irre- 
spective of party. It shall be the duty of such official ticket holders to 
preserve and protect such tickets, and not to destroy the same, and to 
prevent their needless destruction. Such official ticket holders shall be 
present at such polls from the opening to the close. Any such official 
ticket holder neglecting to perform his duty or who shall desert his 
place, or who shall corruptly use his position, or who shall, in any way, 
interfere in such election, or who shall canvass for voters for either 
party or for any person, shall be guilty <f a misdemeanor under this 
act, and shall forfeit his fee or salary for such service, and, on convic- 
tion, shall be imprisoned in the county jail not less than thirty nor 
more than sixty days. Such ticket holder shall be protected by the po- 
lice, and a majority of said judges of election at such precinct may, 
for misconduct, remove any- such official ticket holder and appoint an- 
other in his place of the same political party, and such removal shall 
be enforced by any police officer. 

79. § 11. As soon as the poll of an election shall have been finally 
closed, the judges of election, in their several precincts, shall immedi- 
ately, and at the place of the poll, proceed to canvass the votes so cast. 
Such canvass shall not be adjourned or postponed until it shall have 
been fully completed, nor until the several statements hereinafter re- 
quired to be made by the judges and clerks, shall have been made out 
and signed by them. The judges of election shall have the right to 
station one or more police officers, or officers of the peace, at such en- 
trance to the room where such canvass is begun, or about to take place, 
to exclude disorderly persons, and to keep the peace. The challengers 
present, and the watchers of such canvass, shall be allovved to be pres- 
ent, and so near that they can see that the judges and clerks of said 
election are faithfully performing theiu duties. Each candidate for an 
office to be filled at such election, by certificate in writing, signed by 
him, may designate one person for each election precinct in which he is 
a candidate, to be present at such canvass of the ballots, and such per- 
sons shall be admitted to a position in said room as a watcher of 
such canvass. And the judges of election shall permit him to be pres- 
ent, and be so near to them that he can see that such canvass and the 
statements required by them of the votes are correctly made, and no 
judge of election or police or other officer shall allow such person to 
be molested or removed during the canvass of such ballots, nor until 
such statements have been made, completed and signed, unless he shall 
be personally guilty of fraudulent'or disorderly conduct. 

. 80. § 12. The judges of election shall first count the whole num- 
ber of ballots in the box. If the ballots shall be found to exceed the 
number of names entered on each of the poll lists, they shall reject 
the ballots, if any, found folded inside of a ballot that is marked, and 
upon which there is no mark. And if the ballot and the poll lists 



172 ELECTIONS. 



still do not agree after such rejection, they shall reject as many of the 
ballots upon which no number is marked as may be necessary to make 
the ballots agree in number with the names entered on each of the 
poll lists. And if, after rejecting all of the ballots upon which there 
is no number marked, the number of ballots in the box still exceeds 
the number of names entered on each of the poll lists, the ballots 
shall be replaced in the box, and the box closed and well shaken, and 
again opened; and one of the judges shall publicly draw out and destroy 
so many ballots unopened as shall be equal to such excess. And the 
ballots or poll lists agreeing, or being made to agree in this way, the 
board shall proceed to count the votes in the following manner : Said 
judges shall open the ballots and place those which contain the same 
names together, so that the several kinds shall be in separate piles, or- 
on separate files. Each of the judges shall examine the separate files 
which are, or are supposed to be, alike, and exclude from such files any 
which may have a name or an erasure, or in any manner shall be differ- 
ent from the others of such file. One of said judges shall then take 
one file of the kind of ballots which contain the same names, and count 
them by tens, carefully examining each name on each of said ballots. 
Such judge shall then pass the ten ballots aforesaid to the judge sitting 
next to him, who shall count them in the same manner, who shall then 
pass them to the third judge who shall also count them in the same 
manner. The third judge shall then call the names of the persons 
named in the ten ballots, and the offices for which they are designated, 
and the poll clerks shall tally ten votes for each of such persons. When 
said judges shall have gone through such file of ballots, containing 
the same names, by tens in that way, and when the poll clerks shall 
have tallied all the votes by tens for each of such persons, they shall 
then take up the next file of ballots containing the same names, and 
shall count them by tens in the same way ; and shall call the names of 
the persons named in said ballots and the offices for which they are 
designated ; and the tally clerks shall tally the votes by tens for each of 
such persons in the same manner as in the first instat ce. When the 
counting of each file of ballots, which contain the same names, shall be 
completed, the poll clerks shall compare their tallies together and ascer- 
tain the total number of ballots of that kind so canvassed. And when 
they agree upon the number, one of them shall announce it in a loud 
voice to the judges. The said judges shall then canvass the other kinds 
of ballots which do not correspond, those containing names partly 
from one kind of ballots and partly from another, being those usually 
called "split tickets," and those from which the name of the person 
proper to be voted for on such ballots has been omitted or erased, 
usually called "scratched tickets." They shall be canvassed separately 
by one of the judges sitting between the two other judges, which 
judge shall call each name to the poll clerks, and the office for which it 
is designated ; and the other judges looking at the ballot at the same 
time, and the poll clerks making tally of the same. When all the bal- 
lots have been canvassed in this manner, the poll clerks shall compare 
their tallies together, and ascertain the total number of votes received 
by each candidate, and when they agree upon the numbers, one of 
them shall announce, in a loud voice, to the judges, the number of votes 
received by each candidate on each of the kinds of ballots containing 



ELECTIONS. 173 



his name, the number received by him on the split and scratched tickets, 
and the total number of votes received by him. 

81. § 13. Each batch of ten ballots counted by the judges of elec- 
tion shall, as soon as counted, read and tallied, be strung upon a strong 
string, thread or twine, in the order in which they have been read; 
and each batch shall be thus disposed of before the commencement of 
the count as to the next batch. 

85$. §14. Whenever any proposition is submitted to a vote of the 
people, and is printed or written upon the same ticket, with the names 
of candidates for an office, the names, together with such proposition, 
shall be canvassed in the following manner: All the ballots shall be 
first separated into three piles. The first pile containing all the ballots 
in favor of - such proposition; the second pile containing all the ballots 
against such proposition, and the third pile containing all the ballots 
not mentioning such proposition, or being neither for nor against such 
proposition. Each of the judges shall then examine each pile, and see 
that the separation has been properly made. Then the first pile shall 
be counted by tens, and the result announced to the clerk, who shall 
tally the same by tens. And so the second pile shall be counted, 
announced and tallied, and likewise the third pile, if necessary. 
Whereupon the clerks shall announce to the judges the number of votes 
for and the number of votes against such proposition. The ballots for 
or against any proposition submitted shall always be canvassed, counted 
and tallied before the names of candidates for any office are canvassed, 
counted or tallied. 

83. § 15. If the tally sheets and returns should contain no heading 
for any proposition submitted, it shall be the duty of the clerks to write 
into such tally sheets and returns the headings necessary in order to 
keep a correct tally, and to make a correct and accurate return, and it 
shall be the legal duty of the clerks and judges of election to make a 
true count and correct return of all votes upon any such proposition, 
and any wilful failure or neglect of any judge or clerk to do so shall con- 
stitute a felony, and, on conviction, such judge or clerk shall be sent to 
the penitentiary for not less than three years nor more than five years. 

84. § 16. When the canvass of the ballots shall have been com- 
pleted, and the poll clerks shall have announced to the judges the total 
number of votes received by each candidate, each of the judges of elec- 
tion in turn shall then proclaim, in a loud voice, the total number of votes 
received by each of the persons voted for in such precinct, and the office 
for which he is designated; and the number of votes for and the number 
of votes against any proposition which shall have been submitted to a 
vote of the people. Such proclamation shall be prima facie evidence 
of the result of the canvass of such ballots. 

85. § 17. The said judges of election shall make quadruple state- 
ments of the result of the canvass, one of which shall be written, or partly 
written and partly printed, in each of the poll books used at such elec- 
tion. Each of the statements shall contain a caption stating the day on 
which, and the number of the election precinct and the ward, city and 
county, in relation to which such statements shall ba made; and the time 
of opening and closing of the polls of such election precinct. It shall 
also contain a statement showing the whole number of votes given for 
each person, designating the office for which they were given, which 



1*74 ELECTIONS. 



statements shall be written, or partly written and partly printed, in words 
at length; and in case a proposition of any kind has been submitted to a 
vote at such election, such statements shall also show the whole num- 
ber of votes cast for or against such proposition, written out or partly 
written and partly printed in words at length. And at the end thereof 
■a certificate that such statement is correct in all respects. Which certi- 
ficate, and each sheet of paper forming part of the statement, shall be 
subscribed by the said judges and election clerks. If any judge or 
•election clerk shall decline to sign such return, he shall state his reasons 
therefor in writing, and a copy thereof signed by himself shall be en- 
closed with each return. Each of the statements, except the one con- 
tained in each of the poll books, shall be enclosed in an envelope, 
which shall then be securely sealed with sealing wax or other adhesive 
material; and each of the judges and each of the election clerks shall 
write his name across every fold at which the envelope, if unfastened, 
could be opened. One of the envelopes shall be directed to the county 
clerk, and one to the comptroller of the city, or to the officer of such 
city whose duties correspond with those of comptroller. Each set of 
tallies shall also be signed by the election clerks and the judges of the 
election. And each shall be enclosed in an envelope, securely sealed 
and signed in like manner; and one of the envelopes shall be directed on 
the outside to the election commissioners, and the other to the city, 
village or town clerk. On the outside of every envelope shall be en- 
dorsed whether it contains the statement of the votes cast or the tallies, 
and for what precinct and ward, village or town. 

8©. § 18. Before enclosing in an envelope the statements or re- 
turns aforesaid, and after signing the same, said judges shall securely 
paste or attach to each return one ballot of each kind found to have 
been given for the oncers to be chosen at such election, and they shall 
state in words, at full length, immediately opposite such ballot, and 
written partly on such ballot and partly on the paper to which it shall be 
pasted or attached, so that one of each kind of ballots, received at such 
•election for the officers then to be chosen, shall be pasted or attached 
to such statement of such canvass. If only one ballot of any kind shall 
be found in the ballot box, it shall be pasted or attached to the state- 
ment to be delivered to the board of election commissioners, and if 
only two ballots of any kind are found in the box, one shaU be pasted or 
attached to the statement to be delivered to the board of election com- 
missioners, and the other statement to be delivered to the county clerk. 
They shall also paste or attach all the ballots rejected by them as being 
deficient, in whole or in part, to the statement to be delivered to the 
board of election commissioners. 

ST. § 19. The poll-books, which contain two of the several state- 
ments or returns, shall be placed in the ballot box, and the ballot box 
shall then be locked and the key removed, whereupon said judges of 
■election shall all write their names upon a strip of paper of sufficient 
length for the following purpose: Said strip of paper, after the signing 
of their names thereon by said judges, shall then be pasted over the key- 
hole in said ballot box, and extending upward to the upper lid of the 
box, and carried for some distance over the top, and it shall be placed 
in such a way that the signatures of said judges shall extend across the 
place of the opening of the lid of the box, so that when the box is 



ELECTIONS. 1*75 



opened it shall tear such paper and destroy the signatures written there- 
on, and so that when the key shall he inserted in the key-hole it will 
tear the paper so pasted over the key-hole. Such paper shall be fastened 
with sealing wax, or by some other adhesive material, which will not 
permit the removal of such slip of paper without defacing the same. 

88. § 20. Thereupon one of the judges of election shall take 
charge of said ballot box and its contents so enclosed, and one of the 
judges, who shall represent the opposite political par y from the one 
taking the ballot box, shall receive and hold the key thereto. The two 
judges, who do not have charge of the ballot box, shall each take one of 
the statements of the votes cast into his possession, sealed up in the 
envelopes as aforesaid; and each of the clerks shall take one of the 
tally sheets sealed up in the envelope as aforesaid. Thereupon, and 
before separating, the remaining ballots, not pasted or attached to said 
statements, as hereinbefore provided, shall be destroyed, and the meet- 
ing of said judges and clerks shall then be dissolved. Thereupon, and 
before twelve o'clock of the day after such election, the judge having 
possession of such ballot box shall deliver the same, with the contents 
aforesaid, to the board of election commissioners, with the seal unbroken, 
and shall receive a receipt therefor; and within the same period of time 
the judge, having possession of such key, shall deliver the same to said 
board of commissioners and receive a receipt therefor, and the two 
judges, not having possession of the ballot box, and the two clerks, shall 
each, before twelve o'clock of the next day after such election, deliver 
the statements and tallies so in their possession, respectively, to the re- 
spective officers to whom addressed, as aforesaid, and who, by this act, 
are entitled to receive the same, and, when delivered, each one shad take 
a receipt from the officer to whom delivered. And none of them shall re- 
ceive pay for their services, as such judges or clerks, without the produc- 
tion of the receipts so given them by the officers aforesaid. It shall be 
the duty of the respective officers so designated, to whom such statements 
and tallies are ordered to be delivered, to receive the same, and to safely 
keep under lock and key until ordered to be surrendered as hereinafter 
provided. 

89. § 21. The said board of election commissioners, upon the re- 
ceipt of said ballot box, and the key thereto, shall note the condition of 
the seal or stamp on said box, and enter the fact touching the same upon 
a book to be kept by them, together with the name of the officer who re- 
turned such ballot box. They shall thereupon open said ballot box and 
remove the poll books contfduing the returns of the votes cast, and note 
upon the same memorandum book their condition, and shall put them in 
a secure place under lock and key, to which the public, in no event, shall 
have access. 

Article V. — General Canvass. 

00. Section 1. Within seven days after the close of such election, 
the county judge, with the assistance of the city attorney and the board 
of election commissioners, who are hereby declared a canvassing board 
for such city, shall open all the returns left respectively with the election 
commissioners, the county clerk and city comptroller, and shall make 
abstracts or statements of the votes in the following manner, as the case 
may require, viz: All votes for Governor and Lieutenant-Governor on 



176 ELECTIONS. 



one sheet; all votes for other State officers on another sheet; all votes 
for presidential electors on another sheet; all votes for representatives 
to Congress on another sheet; all votes for judges of the Supreme Court 
on another sheet; all votes for clerks of the Supreme Court on another 
sheet; all votes for clerk of the Appellate Court on another sheet; all 
votes forjudges of the Circuit Court on another sheet; all votes for Sen- 
ators and Representatives to the General Assembly on another sheet; 
all votes for members of the State Board of Equalization on another 
sheet; all votes for county officers on another sheet; all votes for city 
officers on another sheet; all votes for town officers on another sheet, 
and a'l votes for any other office on a separate and appropriate sheet; 
all votes for any proposition, which may be submitted to a vote of the 
people, on another sheet, and all votes against any proposition, sub- 
mitted to a vote of the people, on another sheet. 

01. § 2. It shall be the duty of such board of canvassers to can- 
vass, add up and declare the result of every election hereafter held 
within the boundaries of such city, village or incorporated town, ana 
the county court shall thereupon enter of record such abstract and result, 
and a certified copy of such record shall thereupon be filed with the 
county clerk of said county. And such abstracts or results shall be 
treated, by said county clerk, in all respects, as if made by the canvass- 
ing board, now provided by law, and he shall transmit the same to the 
Secretai'y of State, or other proper officer, as required by law. And 
such abstracts or results, so entered, and declared by such county court, 
and a certified copy thereof, shall be treated everywhere within the 
State, and by all public officers, with the same binding force and effect 
as the abstract of votes now authorized by the general law of the State. 

03. § 3. The county clerk shall make out a certificate of election 
to each person having the highest number of votes for the several 
county and town offices, and deliver such certificate of election to the 
person entitled to it, on his application. 

03. § 4. The county clerk shall make out a certificate of election 
to each of the persons having the highest number of votes, as declared 
by the order of said court, for the several city or town offices within 
such city, including aldermen, and deliver such certificate of election to 
the person entitled to it, on his application. 

04. § 5. In the canvass of such votes by the canvassing board, 
provided in said act, said board shall declare who is elected to any city 
or town office. In the case of a tie in the election to any city office or 
to any office voted for only within the territory of such city, it shall be 
determined by lot, in such a manner as such canvassers shall direct, 
which candidate or candidates shall hold the office, and thereupon the 
person, in whose 'favor it shall result, shall be declared elected by the 
order entered in said county court as aforesaid. 

05. § 6. If, upon opening the various returns so made by the 
board of canvassers as aforesaid, there shall be anything to indicate 
that a change has been made in such returns since signing the same 
by the judges or clerks, or of any fraud in any respect touching such 
returns, it shall then be the duty of said canvassing board to have all 
the tallies opened and examined. If there shall then be any doubt as 
to the genuineness of such returns for any precinct, and as to the actual 



ELECTIONS. 177 



vote as originally returned, and the truth respecting the same remains 
uncertain, it shall be the duty of such canvassers to examine any person 
or persons, who were present at the time of the proclamation so made 
by the judges of election, in such precinct, about which any doubt arises, 
and the board shall be permitted to place such parties or witnesses on 
oath, and examine them touching the same, and it shall be their duty 
to call such parties who were present at the time of such proclamation 
to come before them, and a subpoena may be issued by the county court, 
under the direction of said board, compelling any such witnesses to come 
before said board and give their evidence touching the matter in con- 
troversy; and thereupon it shall be the duty of said board to declare 
the result of the vote in any such precinct, in regard to which any 
question arises, as it was proclaimed by the judges of election after 
the canvass by them in such precinct, which result, when so declared, 
shall be binding and conclusive. 

96. § 1. The county judge shall be the presiding officer of such 
canvassing board, and a majority of such canvassing board shall have 
the right to declare the result, and the result when so declared the 
said county judge shall cause to be entered of record in his court as 
aforesaid, which shall be conclusive as to the votes cast at such election 
in all the precincts of such city. 

Article VI. — Offenses. 

07. Section 1. If at any general registration of voters, or at any 
meeting of the judges of election, held for such purpose, or for revision 
thereof, as provided in this act, any person shall falsely personate 
an elector or other person, and register or attempt or oner to regis- 
ter in the name of such elector or other person; 

Or if any person shall knowingly or fraudulently register or offer, 
or attempt to make application to register, in, or under the name of, 
any other person, or in, or under any false, assumed or fictitious name, or 
in, or under any name not his own; 

Or shall knowingly or fraudulently register in two election precincts;. 
Or, having registered in one precinct, shall fraudulently attempt or 
or offer to register in another; 

Or shall fraudulently register or attempt, or offer to register in any 
election precinct, not having a lawful right to register therein ; 

Or shall knowingly or wilfully do any unlawful act to secure registra- 
tion for himself or any other person ; or shall knowingly, wilfully or 
fraudulently by false personation or otherwise, or by any unlawful 
means cause or procure, or attempt to cause or procure, the name of any 
qualified voter, in any election precinct, to be erased or stricken from 
any registry of the voters of such district, made in pursuance of this 
act or otherwise, as in this act provided ; 

Or by force, threat, menace, intimidation, bribery, reward or offer or 
promise thereof, or other unlawful means, prevent, hinder or delay any 
person having a lawful right to register or be registered, from duly ex- 
ercising such right ; 

Or shall knowingly, wilfully or fraudulently compel or induce, or at- 
tempt, or offer to compel or induce, by such means, or any unlawful 

—12 



178 ELECTIONS. 



means, any judge of election or other officer of registration in any elec- 
tion precinct to register or admit to registration any person not law- 
fully entitled to registration in such precinct ; 

Or to register any false, assumed or fictitious name, or any name of 
any person except as provided in this act ; 

Or shall knowingly or wilfully or fraudulently interfere with, hinder 
or delay any judge of election, or other officer of registration, in the 
discharge of his duties, or counsel, advise or induce, or attempt to in- 
duce, any such judge or other officer to refuse or neglect to comply with, 
or to perform his duties, or to violate any law prescribed for regulating 
the same ; 

Or shall aid, counsel, procure or advise any voter, person, judge of 
election, or other officer of registration, to do any act by law forbidden, 
or in this act constituted an. offense, or to omit to do any act by law 
directed to be done ; 

Every such person, upon conviction thereof, shall be adjudged guilty 
of a felony, and shall be punished by imprisonment in the penitentiary 
for not less than one nor more than five years. 






'08. § 2. If, at any election hereafter held in any such city, village or 
incorporated to»vn, any person shall falsely personate any elector or 
•other person, and vote or attempt, or offer to vote, in or upon the 
name of such elector or other person ; 

Or shall vote, or attempt to vote in, or upon the name of any other 
person, whether li ring or dead, or in, or upon any false, assumed or ficti 
iious name, or in, or upon any name not his own ; 

Or shall knowingly, wilfully or fraudulently vote more than once for 
for any candidate for the same office, except as authorized by law ; 

Or shall vote, or attempt, or offer to vote in any election precinct 
without having a lawful right to vote therein ; 

Or vote more than once, or vote in more than one election district ; 

Or, having once voted, shall vote or attempt or offer to vote again 

Or shall knowingly, wilfully or fraudulently do any unlawful act to 
secure a right or an opportunity to vote for himself or for any other 
person ; 

Or shall by force, threat, menace, intimidation, bribery or reward or 
offer or promise thereof, or otherwise unlawfully, either directly or 
indirectly influence or attempt to influence any elector in giving his 
vote; 

Or prevent or hinder, or attempt to prevent or hinder any qualified 
voter from freely exercising the right of suffrage; 

Or, fey any such means, induce or attempt to induce any such vpter 
to exercise any such right; 

Or shall, by any such means, or otherwise, compel or induce or at- 
tempt to compel or induce any judge of election or other officer of 
election, in any election precinct, to receive the vote of any person not 
legally qualified or entitled to vote at the said election, in such district; 



ELECTIONS. 179 



Or shall knowingly, wilfully or fraudulently interfere with, delay or 
binder in any manner any judge of election, poll clerk, or other officer 
of election in the discharge of his duties ; 

Or by any of such means, or other unlawful means, knowingly, wil- 
fully or fraudulently counsel, advise, induce or attempt to induce any 
judge of election, poll clerk, or other officer of election whose duty it 
is to ascertain, proclaim, announce or declare the result of any such 
election, to give or to make any false certificate, document, report, 
return or other false evidence in relation thereto ; 

Or to refuse or neglect to comply with his duty, or to violate any 
law regulating the same, or to receive the vote of any person in any 
■election district not entitled to vote therein ; 

Or to refuse to receive the vote of any person entitled to vote therein; 

Or shall aid, counsel, advise, procure or assist any voter, person, or 
judge of election, or other officer of election, to do any act by law for- 
bidden, or in this act constituted an offense ; 

Or to omit to do any act by law directed to be done ; 

Every such person shall, upon conviction thereof, be adjudged guilty 
of a felony, and shall be punished for each and every such offense by 
imprisonment in the penitentiary for not less than one nor more than 

five years. 

99. § 3. If any election clerk, or poll clerk, or any judge of elec- 
tion, performing the duties of poll clerk, or other person performing 
such duties, shall wilfully keep a false poll list ; 

Or shall knowingly insert in his poll list any false statement, or any 
name or statement, or any check, alteration or mark, except as in this 
act provided ; 

He shall, upon conviction thereof, be adjudged guilty of a felony, 
and shall be punished by imprisonment in the penitentiary for not less 
than one nor more than five years. 

10®. § 4. Every judge of election who shall wilfully exclude any 
vote duly tendered, knowing that the person offering the same is law- 
fully entitled to vote at such election ; 

Or shall wilfully receive a vote from any person who has been duly 
challenged in relation to his right to vote at such election, without ex- 
acting from such person such oath or other proof of qualification as may 
be required by law ; 

Or shall wilfully omit to challenge any person offering to vote, whom 
he knows or suspects not to be entitled to vote, and who has not been 
challenged by any other person ; 

He shall, upon conviction thereof, be adjudged guilty of a felony, 
and shall be punished by imprisonment in the penitentiary for not less 
than one nor more than two years. 

101. § 5. Every judge of election, member of any board of can- 
vassers, messenger, poll clerk or other officer authorized to take part in, 
or perform any duty in relation to any canvass or official statement of 
the votes cast at any election in any precinct, or in any city, village or 
incorporated town, who shall wilfully make any false canvass of such 
votes : 



180 ELECTIONS. 



Or shall make, sign, publish or deliver any false return of such elec-i 
tion, or any false certificate or statement of the result of such election,.! 
knowing the same to be false ; 

Or who shall wilfully deface, destroy or conceal any statement, tally j 
or certificate entrusted to his care or custody ; 

Shall, on conviction thereof , be adjudged guilty of a felony, and shall! 
be punished by imprisonment in the penitentiary for not less than five-j 
nor more than ten years. 

1©^. § 6. If any person, other than a judge of election, shall, ati 
any such election, knowingly and wilfully put, or cause to be put, anyj 
ballot or ballots, or other "paper having the semblance thereof, into-j 
any box used at such election for the reception of votes ; 

Or if any such judge of election shall knowingly and wilfully causa 
or permit any ballot or ballots to be in said box at the opening of the 
polls and before the voting shall have commenced ; 

Or shall knowingly, wilfully or fraudulently put any ballot or otherj 
paper having the semblance thereof, into any such box at any such! 
election, unless the same shall be offered by an elector, and his name 
shall have been found and kept upon the registry, as hereinbefore pro- 
vided, or who shall be entitled to vote under this act ; 

Or if any such judge of election or other officer or person shall fraudul 
lently, during the canvass of ballots, in any manner change, substitute on 
alter any ballot taken from the ballot box then being canvassed, or from' 
any ballot box which has not been canvassed ; 

Or shall remove any ballot or semblance thereof, from, or add any ball 
lot or semblance thereof, to the ballots taken from the ballot box then, 
being canvassed, or from any ballot box which has not b^en canvassed ; 

Every such person shall, upon conviction thereof , be adjudged guilty 
of a felony, and shall be punished by imprisonment in the penitentiary 
for not less than one nor more than five years. 

103. § V. If any such judge of election, poll clerk, or other officer] 
of registration, revision, election or canvass, of whom any duty is re^j 
quired in this act, or by the general election laws of this State, so far 
as the same are consistent with the provisions of this act, shall be 
guilty of any wilful neglect of such duty ; 

Or of any corrupt or fraudulent conduct or practice in the execution* 
of the same ; 

He shall, on conviction thereof, be adjudged guilty of a felony, and 
shall be punished by imprisonment in the penitentiary for not less than 
one nor more than five years. 

104. § 8. Every judge of election, poll clerk, or other officer or 
person, having the custody of any record, registry of voters, _ or copy 
thereof, oath, return or statement of votes, certificate, poll list, or of 
any paper, document or vote of any description, in this act directed to be 
made, filed or preserved, who is guilty of stealing, wilfully destroy- 
ing} mutilating, defacing, falsifying or fraudulently removing or se- 
creting the whole or any part thereof ; 

Or who shall fraudulently make any entry, erasure or alteration 
therein, except as allowed and directed by the provisions of this act ; 



ELECTIONS. 181 



Or who permits any other person so to do ; 

Shall, upon conviction thereof, be adjudged guilty of a felony, and 
shall be punished for each and every such offense by imprisonment in 
the penitentiary for not less than five nor more than ten years. 

105. § 9. Every person not an officer, such as is mentioned in 
the last preceding section, who is guilty of any of the acts specified in 
said last section, or who advises, procures or abets the commission of 
the same or any of them, shall, upon conviction thereof, be adjudged 
guilty of a felony, and for each and every such offense shall be pun- 
ished by imprisonment in the penitentiary for not Jess than five nor 
more than ten years. And such offense shall be deemed to have been 
■committed whether such person has or had any custody or control, right- 
ful or otherwise, over, or is charged with any duty in relation to said 
records, register, ballots or other documents. 

106. § 10. Any person who shall be convicted of wilfully and cor- 
rupt'y swearing or affirming in taking any oath or affirmation prescribed 
by, or upon any examination provided for in this act, shall be adjudged 
guilty of a wilful and corrupt perjury, and shall be punished accord- 
ing to the laws of the State. 

107. § 11. Every person who shall wilfully and corruptly insti- 
gate, advise, induce or procure any person to swear or affirm falsely, 
as aforesaid, or attempt or offer so to do, shall be adjudged as guilty of 
subornation of perjury, and shall, upon conviction thereof, suffer the 
punishment directed by law in cases of wilful and corrupt perjury. 

108. § 12. If any person shall fraudulently change or alter the 
ballot of an elector, or substitute one ballot for another; 

Or fraudulently furnish any elector with a ballot containing more 
than the proper number of names; 

Or shall intentionally practice any fraud upon any elector to induce 
him to deposit a ballot as his vote, and to have the same thrown out 
and not counted, or to have the same counted for a person or candidate 
other than the person or candidate for whom such elector intended to 
vote; 

Or otherwise defraud him of his vote; 

Every such person shall, upon conviction thereof, be adjudged guilty 
of a felony, and shall, if a judge of election, poll clei-k or other officer of 
■election, be punished with imprisonment in the penitentiary for not less 
than two nor more than five years. 

And if not such judge, poll clerk, or other officer of election, shall 
be punished by imprisonment in the penitentiary for not less than one 
nor more than five years. 

100. § 13. If any person shall have been convicted of bribery, 
felony or other infamous crime, under the laws of any State, and who 
has never received the pardon for such offense from the officer entitled 
to grant such pardon, shall thereafter vote, or offer to vote, at any 
election in such city or incorporated town; 

He shall, upon conviction thereof, be adjudged guilty of a felony, 
and, for each and every such offense, shall be punished by imprison- 
ment in the penitentiary for not less than two nor more than five years. 



182 ELECTIONS. 



110. § 14. If any person shall wilfully disobey any lawful com- 
mand of any judge of election, or of any board of registry, given in the 
execution of his or their duty as such, at any election or registration, he 
shall, upon conviction thereof, be adjudged guilty of a misdemeanor, 
and shall be punished by imprisonment in the county jail for not less 
than thirty days nor more than one year; or by a fine of not less than 
two hundred and fifty (250) nor more than one thousand (1,000) 
dollars, or by both such fine and imprisonment. Any misdemeanor un- 
der this act, for which no penalty is specifically provided, shall be pun- 
ished as provided in this section. 

111. § 15. If at any general registration of voters or revision 
thereof, or on any day of election, or during the canvass of the votes cast 
thereat, any person shall cause any breach of the peace, or be guilty of 
any disorderly violence, or threats of violence, whereby any such reg- 
istration, revision, election or canvass shall be impeded or hindered; 

Or whereby the lawful proceedings of any judge of election, or board j 

of registration, or poll clerk, or other officer of such election, or challen- ] 

ger, or person designated to be present at the canvass of any ballots, ^ 
as hereinbefore provided, are interfered with; 

Every such person shall, upon conviction thereof, be adjudged guilty j 
of the [a] misdemeanor, and shall be punished by imprisonment in the 
county jail for not less than thirty days nor more than one year; or 
by a fine of not less than two hundred and fifty (250) dollars nor \ 
more than one thousand (1,000) dollars; or by both such fine and 
imprisonment. 

112. § 16. If any person knowingly or wilfully shall obstruct, 
binder or assault, or by bribery, solicitation or otherwise interfere 
with any judge of election, poll clerk, challenger, or person designated, 
as provided in this act to be present at the canvass of any ba'lots, 
in the performance of any duty required of him, or which he may by 
law be authorized or permitted to perform; 

Or if any person, by any of the means before mentioned or other- 
wise unlawfully, shall, on the day of registration, revision of registra- 
tion, or of election, hinder or prevent any judge of election, poll clerk, 
challenger, or person designated, as provided in this act, to be present 
at the canvass of ballots, in his free attendance and presence, at the 
place of registration or revision of registration, or of election, in the 
election precinct in and for which he is appointed or designated to 
serve; 

Or in his full and free access and egress to and from any such place of 
registration, revision of registration, or of election; 

Or to and from any room where such registration, revision of regis- 
tration, or e'ection, or canvass of votes, or making of any return or cer- 
tificates thereof, may be had; 

Or shall molest, interfere with, remove or eject from any such place of 
registration or poll of election, or of canvassing ballots cast thereat, or 
of making of returns or certificates thereof, any such judge of election, 
poll clerk, challenger, or person designated as provided in this act to 
watch the canvass of any ballots, except as otherwise provided in tins' 
act, or shall unlawfully threaten or attempt or offer so to do; 



ELECTIONS. ] 83 



Every such person shall be guilty of a misdemeanor, and, on con- 
viction thereof, shall be punished by imprisonment in the county jail 
for not less than six months nor more than one year; 

Or shall be fined not less than five hundred (500) nor more than 
two thousand (2,000) dollars, or both. 

113. § 11. If any person, upon the day of such election, or 
before the canvass of votes is completed, shall conceal or wilfully 
break or destroy any ballot box, used or intended to be used at such 
election ; 

Or shall wilfully or fraudulently conceal, secrete or remove any such 
box from the custody of judges of election ; 

Or shall alter, deface, injure, destroy or conceal any ballot which has 
been deposited in any ballot box at such election, which has not been 
counted and canvassed ; 

Or poll list used at such election ; 

Or any report, return, certificate, or other evidence in this act re- 
quired, as provided for ; 

[He] shall, on conviction thereof, be adjudged guilty of a felony, and 
shall, for each and every such offense, be punished by imprisonment in 
a State penitentiary for not less than two nor more than five years. 

11 J;. § 18. If at any election precinct, at any registration of 
voters or revision thereof, or at any election hereafter held in such 
city, any judge of election or poll clerk shall knowingly or wilfully 
admit any person to registration, or make any entry upon any regis- 
ter or poll book ; 

Or receive any vote, or proceed with the canvass of ballots, or shall 
consent thereto, unless a majority of all the judges of election in said 
election precinct are present and concur; 

He shall, upon conviction thereof, be adjudged guilty of a misde- 
meanor, and shall be punished by imprisonment in the county jail for 
not less than thirty nor more than sixty days ; or by a fine of not less 
than one hundred (100) nor more than one thousand (1,000) dol- 
lars ; or by both such fine and imprisonment. 

11*5. § 19. If any judge of election, in any election precinct, 
shall, without urgent necessity, absent himself from the place Of regis- 
tration, or the polls in said district, upon any day of election, whereby 
less than a majority of all the judges in such election district shall 
be present during such hours of registration, election or canvass of 
ballots ; 

He shall, upon conviction, be adjudged guilty of a misdemeanor, and 
shall be punished by imprisonment in the county jail for not less than 
sixty days nor more than six months ; or shall be fined not less than 
five hundred (500) nor more than one thousand (1,000) dollars, or both. 

116. § 20. It shall be unlawful for any judge of election, poll 
clerk, challenger, or peson designated, as provided in this act, to be 
present at the canvass of any ballots in any precinct, during the elec- 
tion or canvass of ballots, to have or keep any ballots behind the boxes^ 
or within the polling place ; 



184 ELECTIONS. 



Or for them, or any person or persons within the polling place, to 
electioneer, distribute tickets or ballots, or engage in any political 
discussion. 

Any violation of this section shall be a misdemeanor, and shall be 
punished by imprisonment in the county jail for not less than ten nor 
more than ninety days. Or by a fine of not less than one hundred 
(100) nor more than five hundred (500) do'lars, or both. 

117. § 21. Whoever, during the hours of election in any election 
precinct in such city ; 

Or during the hours of registration, revision of registration, or can- 
vass of votes, or of making return thereof, shall bring, take, order 
or send into; or shall attempt to bring, take, or send into any 
place of registration, or revision of registration or of election, any dis- 
tilled or spirituous liquors whatever; or shall, at any such time and 
place, drink or partake of such liquor, shall be deemed and held to be 
guilty of a misdemeanor, and shall be punished according to law. 

118. § 22. Irregularities or defects in the mode of noticing, con- 
vening, holding or conducting an election authorized by law, shall con- 
stitute no defense to a prosecution for a violation of the provisions of 
this act. 

119. § 23 Every act which, by the provisions of this act or the 
general election laws, is made a crime when committed with reference 
to the election of a candidate, is equally criminal when committed 
with a reference to the determination of the question submitted to 
electors, to be decided by votes cast at an election. 

The word "election," as used in this act, shall be construed to 
designate elections had within any city. village or incorporated town adopt- 
ing this act, for the purpose of enabling electors to choose some pub ic 
officer or officers under the laws of this State or the United States ; 

Or to pass upon any amendment, law or other public act or proposi- 
tion submitted to vote by law. 

The word "householder," as used in this act, shall mean the chief or 
head of a family, who resides with the family as a family, and who sup- 
ports and provides for such family as an independent family. 

120. § 24. In case of misdemeanors committed, where a matter 
of tine shall be imposed instead of imprisonment, such party shall be 
discharged from imprisonment only on condition of payment of the 
fine ; 

And, unless paid, his imprisonment shall continue until such fine shall 
be cancelled by an allowance of three (3) dollars per day for each day of 
Imprisonment. 

121. § 25. All forfeitures, provided for in this act, shall be recov- 
ered in the name of the board of election commissioners, and shall be 
paid, when collected, into the county treasury. 

122. § 26. It shall be the duty of such election commissioners to 
aid in the prosecution of all crimes and offenses against this act ; 

And they shall keep a book in which shall be entered all complaints 
against persons claimed to be guilty of the violation of this law ; 






ELECTIONS. 185 



And when, in the judgment of snob election commissioners, such offense 
has probably been committed, it sball be their duty to cause a prosecu- 
tion to be instituted in accordance with the provisions of this act, and 
cause the parties to be jjunished accordingly. 

Article VII. — Compensation. 

123. Section 1. Such e^ction commissioners and the chief clerk 
of the board of election commissioners shall be paid by the county. And 
for the purpose of fixing their fees and compensation the several coun- 
ties of this State are divided into three classes, as they are now classified 
by law, as to fees and salaries. 

la counties of the first class said election commissioners shaH each re- 
ceive a salary of $500, and said chief clerk a salary of $400 per annum. 

In counties of the second class such election commissioners shall each 
receive a salary of $700, and such chief clerk a salary of $600 per annum. 

In counties of the third c'ass, to-wit : in Cook county, such election 
commissioners shall each receive a salary of $1,500, and such chief clerk 
a salary of $2,000 per annum. 

All expenses, incurred by said board of election commissioners, shall be 
paid by such city. Such salaries and expenditures are to be audited by the 
county judge, and such salaries shall be paid by the county treasurer 
upon the warrant of such county judge, out of any money in the county 
treasury not otherwise appropriated, and such expenditures shall be 
paid by the city treasurer, upon the warrant of such county judge, out 
of any money in the city treasury not otherwise appropriated. It shall 
also be the duty of the governing authority of such counties and cities 
respectively to make provision for the prompt payment of such salaries 
and expenses, as the case may be. 

124:. § 2. All judges and clerks of election and official ticket 
holders, under this act, shall be allowed and paid at the rate of $3 per 
day. 

12«>. § 3. Each judge of election who has performed all the duties 
and services required of him by this act, at the general registration and 
at the election following, shall be credited with four full days' services 
and no more, but at any election prior to which there is only an addi- 
tional registration and revision, being a registration between the general 
registrations, he shall be credited with three full days' service and no 
more, in case he performs all the duties required of him by this act. 

At the elections held under this act, where there is no additional regis" 
tration or revision of registration, each judge .or clerk of election shall 
only be credited with one day's service each. 

When any judge or clerk does not perform all the services required by 
this act, then such board of election commissioners will audit his time, 
and shall allow him^ro rata compensation. 

Each clerk of election, if he has performed all the services required of 
him by this act, at the general registration and at the election following, 
shall be credited with five days' service, and no more, but at any election 
prior to which there was only an additional registration and revision, 



186 ELECTIONS. 



being a registration between the general registrations, he shall be credited 
with four full days' service and no more, in case he performs all the 
duties required of him by this act. 

126. § 4. At all.city elections, general or special, though other 
than city officers may be elected at the same time with such city officers, 
and at all special elections in any part of such city, at which a city officer 
is elected, such city shall pay such judges and clerks of election for their 
services under this act. 

127. § 5. At all general county and State emotions, which include 
officers elected through the whole county, though other than State and 
county officers are also elected, and at all exclusively judicial elections, 
and at all special elections for a county or State officer, or member of 
congress or member of the legislature, such county shall pay such judges 
and clerks of election and official ticket holders for their services under 
this act. 

128. § 6. Said board of election commissioners shall audit all the 
claims of judges and clerks of election, and official ticket holders, and 
shall draw a warrant therefor upon such city or county treasury, as 
the case may be. ' 

Article VIII. — Miscellaneous Provisions. 

1215. Section 1. Whenever this act is adopted by any village or 
incorporated town all its provisions shall be applicable and operative, 
except as hereinafter modified. 

130. § 2. Whenever any village or incorporated town, which lies 
within any county in which a city exists, which may adopt this act, then 
in such case the commissioners of election appointed, or which may be 
appointed for said city, shall also be ex-officio commisioners of election 
for such village or incorporated town, and shall have and exercise the 
same powers as if specially appointed for such village or town. 

131. § 3. The quadruple returns of the judges and clerks of election 
of such village or incorporated town, mentioned in the last section, in 
case of a vHage or town election for any officer of such village or town, 
shall be made to the same officer as now required by law, who shall re- 
ceipt therefor, and all such returns shall be canvassed by the canvassing 
board of such village or town, as established by law, with the same 
powers of investigation and examination by such board as is authorized 
by this act to the canvassing board of any such city. 

132. § 4. The returns of the judges and clerks of election of such 
village or incorporated towns, mentioned in the second section of this 
article, in case of all other elections therein, shall be made to the same 
officers, as required by thisact, of returns of elections held in a city, and 
such returns shall be canvassed and the result declared by the same can- 
vassing board. 

133. § 5. All oaths in writing, provided for in this act, must have 
a jurat, or certificate of the officer taking the same, attached and signed 
by him, and said election commissioners, and said judges of election, are 
hereby empowered to administer all oaths and affirmations, required in 
the administration of the affairs of their several offices. 

Approved June 19, 1885. 



ELECTIONS. 1ST 



COUNTY BOARDS, NEGLECT OF DUTY. 

Amends the general election law by adding- Section 93J4; neglect of duty by supervisor, 
county commissioner, or member of county board, under the election laws; 
penalties. 

An Act to amend an act entitled "An act in regard to elections and to pro- 
vide for filling vacancies in elective offices,'''' approved April 3, 1872, in 
force July 1, 1872. 

Section 1. Be it enacted by the PeopAe of the State of Illinois, repre- 
sented in the General Assembly: That an act entitled "An act in regard 
to elections and to provide for filling vacancies in elective offices," ap- 
proved April 3, 1872, and in force July 1, 1872, be, and the same is, here- 
by amended by adding a new section thereto to be known as section 
number ninety-three and one-half, and to read as follows: 

"Section 93^-. If any supervisor, county commissioner or member of 
any county board shall wilfully refuse, neglect or fail to do any act or 
perform any duty required of him by the election laws of this State r 
be shall be deemed guilty of a misdemeanor, and, upon conviction, fined, 
not exceeding five hundred dollars, or imprisoned in the county jail not 
exceeding six months, or both, in the discretion of the court." 

Approved June 22, 1885. 



PRIMARY. 

§ 1. Qualifications of voters . at primary I § 2. Penalties for violation of this act. 
elections. 

An Act to prevent and punish illegal voting at primary elections. 

Section I. Be it enacted by the People of the /Steele of Illinois, repre- 
sented in the General Assembly : That it shall be unlawful for any per- 
son to vote at any 'primary election, or at any election called to select 
delegates to any convention, called either for the purpose of nominating 
a candidate or candidates for any elective office, or for the purpose of 
selecting other delegates to such convention, unless such person so voting, 
or offering to vote, would be a qualified elector in the district embraced 
within the call of said primary election, if the same was a general or 
special election, held under and in conformity with the general election 
laws of this State. 

§ 2. Any person violating the provisions of this act, shall, on con- 
viction thereof, be fined in any sum not less than one hundred nor more 
than five hundred dollars, or imprisoned in the county jail not less than 
three nor more than six months, or both, in the discretion of the court. 

Approved June 29, 1885. 



ELECTIONS. 



PRIMARY. 



§ 1. Elections held under this act. 

§ 2. Adoption of this act. 

§ 3. Action taken by committees and how 
declared. 

§ 4. Notice of election; judges of election; 
qualification of voters. 

§ 5. Qualification of judges; vacancies, 
how filled; clerks; violation of this 
act; penalties. 

§ 6. Qualification of voters; challenge; 
vote rejected for cause; affidavit of 
voter; penaities. 

§ 7. Offenses under this act; penalties. 

§ 8. Poll list kept by clerks ; 

§ 9. List of persons challenged. 

§ 10. Form of poll list and tally sheet. 

§11. Oaths; by whom administered. 

§ 12. Ballot box; count of ballots. 



§ 13. 


§ 


14. 


§ 


15. 


§ 


16. 


§ 


17. 


§ 


18. 


§ 


19. 


I 


20. 


§ 


21. 


§ 


22. 


§ 


23. 



Proclamation by judges of opening 
polls. 

Proclamation by judges of closing 
polls. 

Canvass of votes; declaration of re- 
sult 

How canvass shall be made; rejection 
of surplus ballots. 

Poll lists signed by judges. 

Counting the ballots. 

Tally sheets. 

Result of ballot; names of candidates. 

Return of poll lists and canvass; de- 
struction of ballots and lists. 

Certificates of election. 

Penalties for violation of this act. 



An .Act to regulate primary elections of voluntary political associations , 
and to punish frauds therein. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sentedinthe General Assembly: That all elections hereafter to be holden 
by any volunteer political association or party, for any delegates, or 
managing committee, or for the nomination of candidates for public 
office, shall be held under the provisions of this act, whenever any com- 
mittee or body, authorized by the rules or customs of such political asso- 
ciation, shall elect to accept arid act under such provisions. 

§ 2. Whenever it shall be the desire of any such committee or body, 
that such election shall be held under the provisions of this act, such 
•desire and acceptance shall be expressed by a resolution duly passed by 
such committee or body. 

§ 3. The resolution must declare: 

1. The time and place of holding the election, and the hours between 
which the polls are to be kept open; and the polls shall, in all cases, be 
kept open from 12 o'clock noon, to 7 o'clock P. M., of the day on which 
the election is held. 

2. The names of three reputable persons to act as judges. 

3. The object of the election. 

4. That such election will be held under the provisions of the primary 
election law. 

5. The qualifications required for voters, in addition to those pre- 
scribed by law. 

§ 4. At least five days prior to any such election, a notice of such 
election shall be published in some newspaper or newspapers of general 
circulation, in the district, ward, precinct, township, city or county, in, 
and for which the election is called, and shall be posted in at least three 
public places in each polling precinct or district, for which such election 
is to held. Such notice must be signed by the secretary of the commit- 
tee or body calling such election, and must state the purpose, time, man- 
ner and conditions, together with the place or places of holding such 
•election; also, the authority by which the call or notice is published, and 



ELECTIONS. 189 



the three persons shall be named therein who are appointed for each poll- 
ing place to act as judges of said election, and who shall supervise or pre- 
side at such election in the polling precinct or district for which they are 
respectively appointed, and such judges shall be legal voters of, and 
householders in, the township, precinct, ward or election district for 
which they are named. And said notice shall likewise declare the quali- 
fications of the persons to vote at such election: Provided, that such 
prescribed qualifications shall not be inconsistent with those expressed 
in this act. Such notice shall also declare that such election therein 
called will be held in pursuance of, and subject to, the provisions of this 
act, under the title of "Primary Ejection Law;'' and any election held in 
pursuance of any notice calling for an election under the "Primary 
Election Law," shall be taken and deemed to be an election under this 
law. 

§ 5. The persons named as judges of election in the notice required by 
section four of this act, or any persons assuming or chosen to be such 
judges, in the absence, refusal or failure to act, of any of the judges 
named in such notice, shall first make oath or affirmation that they are 
legal voters of, and householders in, the precinct, ward, or e'ection dis- 
trict for which they are appointed to serve; that they will faithfully and 
correctly conduct such election, protect it against all frauds and unfair- 
ness, carefully and truly canvass all votes cast thereat, and in every way 
conform to the provisions of this act, and of the notice or call for the 
election; which oath may be administered by anyone of the judges, or by 
any person authorized under the laws of this State to administer oaths. 
And if one, or all of the judges, appointed to serve at the election be ab- 
sent or refuse or fail to serve at the hour appointed for the election to 
begin, then the electors preseut, to the number of not less than five, 
possessing the qualifications of persons entitled to vote at said e'ection, 
shall choose a person or persons to fill any vacancy that may exist; and 
the judges, before proceeding with the election, shall appoint two clerks 
to assist them in receiving and counting the votes cast, to each of whom 
shall be administered, by one of the judges, an oath similar to that taken 
by the judges of election, omitting the statement that affiant is a house- 
holder. Any violation of the provisions of this section shall be deemed 
a misdemeanor, and shall subject the offender, on conviction, to punish- 
ment by a fine of not less than fifty dollars, nor more than two hundred 
dollars, or by imprisonment in the connty jail not less than one nor more 
than six months, or by both such fine and imprisonment, in the discretion 
of the court. 

§ 6. It shall be the duty of the judges of said election, to entertain 
objections made by any qualified elector under said published call or- 
notice, to any vote which may be offered, on the ground that the person 
offering it is not entitled to vote under the terms of said call for said 
election, or that he is not a citizen of the United States, or a legal resi- 
dent and voter, under the general election laws of the State, of the elec- 
tion precinct, ward, township or district for which the election is held; 
or that he has received or been promised, directly or indirectly, any 
money, fee or reward for his vote for any candidate, or that he has 
voted before at that place, or some other place on that day, or at the 
same election; and it shall be the duty of one of the judges of the elec- 
tion, if such .objection be not withdrawn, to administer to the person so 
offering to vote, an oath or affirmation, to the general effect that he will 



190 ELECTIONS. 



truly testify to all matters relating to his qualifications, under said pub- 
lished call or notice, and under the general election laws of the State, to 
his residence, citizenship, receiving or being promised, directly or indi- 
rectly, any money, fee or reward for his vote, from any candidate or any 
other person, or whether he had voted at that or any other place on 
that day at such election, either in his own name or that of another, or 
under an assumed name. It shall then be the duty of the judges to in- 
terrogate the person, so objected to, as to all matters in particular upon 
which said objection was made, and generally as to all of his qualifica- 
tions as an elector at such election. If the person so objected to shall re- 
fuse to answer any questions asked, after said oath or affirmation shall 
have been administered, or shall refuse to take such oath, it shall be the 
duty of the judges to reject such vote, and they shall also reject such 
vote unless such person shall file with them a written or printed, or 
partly written and partly printed statement, by him signed, that he is a 
qua'fied voter of the election district in which such election is held, and 
entitled to vote at such election; and unless such statement shall be ac- 
companied by a similar statement of some person, known to at least one 
of the judges to be a qualified voter in that district, to the effect that he 
knows the person so challenged, and that his statement is true; which 
said last statement must a'so be subscribed by the party making it. If 
such statements shall be filed, and such oath be taken, and such ques- 
tions answered in such a manner as to show that the applicant is quali- 
fied to vote at such election, it shall be the duty of the judges of the 
election to receive such vote, and the word "sworn" shall be noted oppo- 
site the person's name on the poll lists, to be kept as hereinafter pro- 
vided. Any violation of the provisions of this section by the judges of 
clerks of the election, or either of them, shall be deemed a misdemeanor, 
and, upon conviction, shall subject the party so offending to punishment 
by a fine or not less than one hundred dollars, nor more than three 
hundred dollars, or by imprisonment in the county jail for not less than 
two nor more than six months, or by both such fine and imprisonment, • 
in the discretion of the court; and any person who sha'l, upon taking 
such oath or affirmation, and under the examination herein authorized, 
wilfully make a false statement as to a matter pertinent and material in 
such examination, shall be deemed guilty of perjury, and, upon convic- 
tion thereof, be punished as prescribed by law for such offense. 

§ V, Whoever fraudulently votes more than once at any primary , 
election, or offers to vote after having once voted at such election, or, 
knowing that he is not a qualified voter at s^ich election, wilfully votes 
or offers to vote at, such election; or 

2. Wilfully aids or abets any one not qualified to vote at such pri- 
mary election, in voting or attempting to vote at such election, or 

3. By offering a reward or bribe, or by treating or giving to him any 
spirituous, malt, or other liquors, either directly or indirectly, influences 
or attempts to influence any voter in giving or withholding his vote at 
such election, or 

4. Furnishes a voter with a ticket or ballot, informing him that it 
contains a name or names different from those which appeir thereon, 
with intent to induce him to vote contrary to his intention, or 



ELECTIONS. 191 



5. Fraudulently or deceitfully changes a ballot of a voter with in- 
tent to prevent such voter from voting for such person as he intended, 
or 

6. Endeavors to prevent the voting of any voter, or the exercise of 
lawful influence by any person over a voter at any such election, for 
himself or for or against any person, by means of violence or threats of 
violence, or threats of withdrawing custom or dealing in business or 
trade, or enforcing the payment of a debt, or bringing a suit or criminal 
prosecution, or any other threat of injury to be inflicted by him or by 
such means, or 

7. By bribery, or by corrupt or unlawful means, prevents or attempts 
to prevent any voter from attending or voting at such election, or 

8. Gives or offers to give any valuable thing or bribe to any judge 
or clerk of such election, as a consideration for some act to be done, 
or omitted to be done, contrary to his duty in relation to such election, 
or shall interfere with or disturb, in any manner, any election held under 
the provisions of this act, shall be deemed guilty of a misdemeanor, and 
on conviction thereof, shall be punished by a fine not exceeding five 
hundred dollars, or by imprisonment in the county jail not less than two 
nor more than six months, or by both such fine and imprisonment in the 
discretion of the court. 

§ 8. Each clerk must keep a list of persons voting, and the name and 
residence of each person who votes must be entered thereon and num- 
bered in the order of voting, and each ballot as received by the judge 
shall be numbered consecutively. 

§ 9. The judges must cause one of the clerks to keep a list show- 
ing: 

First — The names and residences of all persons challenged. 

Second — The grounds of such challenge. 

Third — The determination of the board upon the challenge. 

§ 10. The following is substantially the form of the poll lists and 
tally lists to be kept by the clerks of election: 

POLL LIST 

Of the primary election beld in the.. ......... precinct of the ward of in the 

county of on the day of in the year 

A B, CDandEF, judges, and G H and J K, clerks, of said election, 

were respectively sworn ior affirmed; as the law directs, previous to their entering on the 
dtities of their respective offices. 

Numbers and name of electors voting: 

No. Name and Residence. I No. Name and Residence. 

1 A B. 3 E F. 

3 C D. I 4 GH. 

We hereby certify that the number of electors voting at this election is 



Attest: G H, / 
J K, f 



A B, } 

C D, > Judges of Election. 
B F, ) 



ClerTis. 



TALLY LIST. 



Names of persons voted for, and for what position, and number of votes given for each 
candidate. 

We hereby certify that A B had votes for and that C D had 

votes for ; that E F had votes for etc. 

A B, ) 

O D, > Judges of Election. 

E F, ) 
G H, 
J K, 



CUrJiS. 



192 ELECTIONS. 



§ 11. Any one of the judges, or either clerk, may administer and cer- 
tify oaths required to be administered during the progress of an election 
held under this act. 

§ 12. Before receiving any ballots, the board must, in the presence of 
the persons assembled at the polling place, open and exhibit, and then 
close the ballot box; and thereafter it must not be removed from the 
polling place, nor the view of the bystanders, until all the ballots are j 
counted, nor must it be opened until after the polls are finally closed. 

§ 13. Before the judges receive any ba'lots they must cause it to be 
proclaimed aloud, at the place of election, that the polls are open. 

§ 14. Fifteen minutes before the time when the polls are to be closed 
that fact must be proclaimed aloud at the place of election; and after 
the polls are closed no ballots must be received. 

§ 15. As soon as the polls are finally closed, the judges must immedi- 
ately proceed to canvass the votes given at such election. The canvass j 
must be* public, in the presence of the bystanders, and must be continued 
without adjournment until completed, and the result thereof is dec'ared; 
and must also be conducted at the polling place where the election is 1 
held; where, also, the result as to each candidate voted for must be, im- 
mediately on the completion of such canvass, publicly proclaimed by each 
one of the judges successively, in a loud voice, and such proclamation 
shall he prima facie evidence of the result. 

§ 16. In conducting the canvass the judges shall first count the whole 
number of ballots in the box, and if the number of such ballots shall be 
found to exceed the number of names entered on the polling list, they 
shall reject the ballots, if any be found, upon which no number is marked, 
or so many thereof, without opening the same or examining or looking 
at the names thereon, as may be necessary to make the number of ballots 
correspond to the number of names entered on the polling list; but if 
the number of ballots, after rejecting all the unnumbered ballots, still 
exceeds the number of names entered on the polling lists, they shall be 
replaced in the box and one of the judges shall publicly draw out and 
destroy so many ballots, unopened and without examining them, as shall 
be equal to such excess. 

§ 17. The number of ballots agreeing, or being thus made to agree, 
with the number of names on the list, the lists must be signed by the 
judges of election and attested by the clerks, and the number of names 
thereon must be set down in words and figures at the foot of each list, 
and over the -signatures of the judges and the attestation of the clerks, j 
substantially in the form prescribed in section ten. 

§ 18. After the lists are thus signed the judges must proceed to count 
and ascertain the number of votes cast for each person voted for. The 
ballots must be taken out and opened by one of the judges, and by him 
distinctly read aloud, and inspected by the other two judges. 

§ 19. Each clerk must write down each office or position to be filled, 
and the name of each person voted for to fill such office, and keep the 
number of votes for each person for each office by tallies as they are j 
read aloud. 

§ 20. As soon as all the votes are counted there must be attached to 
the tally lists, lists containing the names of persons voted for and for j 



ELECTIONS. 



193 



what office, and the number of votes given for each candidate, the num- 
ber being written at full length, and such lists must be signed by the 
judges, and attested by the clerks, substantially in the form in section 
ten given. 

§ 21. After counting the votes, proclaiming the result, and signing 
the lists as above provided, the judges must publicly destroy the ballots 
and cause the statements provided for in section six, and one copy of the 
lists, to be delivered to the secretary signing the notice of election, and 
one of the judges must retain the other lists for twenty days after the 
election, and such statements and lists returned to the said secretary 
shall be by him, after the expiration of twenty days, delivered to the 
county clerk of the county in which such election was held, and by that 
officer kept with the other books and papers of his office, open like other 
public records to public inspection, for the space of three months, at the 
end of which time, if no legal proceedings have been instituted, in which 
such lists or statements may be useful as evidence, said county clerk may 
then destroy the same. 

§ 22. The board of election must issue certificates of election to all 
persons who are chosen to fill any position by the vote of their election 
district. 

§ 23. If any person shall be guilty of any violation of this act, for 
which no punishment is herein especially provided, he shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined not 
less than fifty dollars, nor more than two hundred dollars, or imprisoned 
in the county jail not less than one month nor more than six months; or 
punished by both such fine and imprisonment, in the discretion of the 
court. 

Approved June 22, 1885. 



PRECINCTS. 



§ 1. Amends Sec. 29 of general election 
law by defining the authority of 
county boards; townships constitute 
a precinct. 

1. Amends Sec. 30 by providing that in 

July, 1885, county boards shall es- 
tablish precincts containing not 
over 450 votes; division of pre- 
cincts thereafter to conform; loca- 
tion of polling places. 

2. Amends Sec. 31 by prescribing quali- 

fication of judges. 

3. Amends Sec. 32 by requiring judges 

in counties not under Tp. Org. to 
be appointed in July annually ; no 
more than two to be of the same 
political party. 

4. Amends Sec. 33 by appointing cer- 

tain town officers judges of elec- 
tion in towns not divided into pre- 
cincts; in towns divided, county 
board shall appoint judges in July 
annually; town officers shall be 

i 5 



judges in the district where they 
reside; vacancies, how filled; no 
more than two of the same political 
party shall be appointed judges in 
same district. 

Amends Sec. 37 by providing that no 
more than two clerks shall be of 
the same political party in each 
precinct. 

Amends Sec. 38 by changing the 
form of oath of judges and clerks, 
as to residence in precinct. 

Amends Sec. 57 by changing the rule 
for rejecting ballots in excess of the 
number of names on poll books; 
provides that the canvass shall be 
made in the same room in which 
election is held, and no papers to 
be removed therefrom until the 
returns are sealed. 

Amends Sec. 62 by how, and to whom, 
returns shall be made by judges of 
election. 



194 ELECTIONS. 



An Act to amend section twenty-nine, section thirty, as amended June, 
18, 1883, in force July 1, 1883; section thirty -one, section thirty-two, as 
amended June 18, 1883, in force Julyl, 1883; section thirty-three, 
section thirty-seven, section thirty-eight, section fifty-seven and section 
sixty-two of "A.n act in regard to elections, and to provide for filing 
vacancies in elective offices,'''' approved Apjril 3, 1872, and in force 
July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the (jfeneral Assembly. That section twenty-nine (29), section 
thirty (30), as amended June 18, 1883, in force July 1, 1883; section 
thirty-one (31), section thirty-two (32), as amended June 18, 1883, in force 
July 1, 1883; section thirty-three (33), section thirty-seven (37), section 
thirty-eight (3S), section fifty-seven (57) and section sixty-two (62), of 
"An act in regard to elections, and to provide for filling vacancies in 
elective offices," approved April 3, 1872, and in force July 1, 1872, be 
and are hereby severally amended so as to read as follows: 

"Section 29. In counties not under township organization the election 
precincts shall remain as now established until changed by the board of 
county commissioners, but said county board may, from time to time, 
change the boundaries of election precincts and establish new ones. In 
counties under township organization each town shall constitute an 
election precinct. 

"Section 30. The county board in each county shall, at its regular (or 
at a special) meeting, in the month of July, 1885, respectively, divide its 
election precincts, which contain more than four hundred and fifty 
voters, into election districts so that each district shall contain, as near 
as may be practicable, four hundred voters, and not more, in any case, 
than four hundred and fifty voters. Said districts shall be composed of con- 
tiguous territory and in as compact a form as can be for the convenience 
of the electors voting therein. The several county boards, in establish- 
ing said districts, shall describe them by metes and bounds and number 
them. And so often thereafter as it shall appear, by the number of votes 
cast at the general election held in November of any year, that any 
election district, or undivided election precinct, contains more than four 
hundred and fifty voters, the county board of the county in which such 
district or precinct may be, shall, at its regular (or at a special) meeting 
in the month of July next after such November election, redivide or re- 
adjust the election districts, or divide such election precincts, so that no 
district, or undivided election precinct, shall contain more than the 
number of voters above specified. If said division or readjustment is not 
made at such July meeting, it may be made at an adjourned or special 
meeting of said county board, to be held in the month of August next 
thereafter. The county board in every case shall fix and establish the 
places for holding elections in its respective county, and all general and 
special elections shall be held at the places so fixed. The said polling 
places shall, in all cases, be upon the ground floor, in the front room, the 
entrance to which is from a highway or public street which is at least 
forty feet wide, and as near the center of the voting population of the 
district as is practicable and for the convenience of the greatest number 
of electors to vote thereat, and in no case shall an election be held in any 
room used or occupied as a saloon, dramshop, billiard hall, bowling alley 
or as a place of resort for idlers and disreputable persons, or any room 



ELECTIONS. 195 



connecting therewith by open doors or hallways. No person shall be 
permitted to vote at any election except in the district in which he 
resides. 

"Section 31. That every person elected or chosen judge of elections 
shall be of fair character, approved integrity, well informed, who can 
read, write and speak the English language, and has resided in the 
election district, in which he is to serve, for one year next preceding 
the election, and is entitled to vote therein at such election. 

''Section 32. In counties not under township organization, the county 
board shall, at its regular (or at a special) meeting in the month of July 
in each year, appoint in each election precinct or district, as the case may 
require (where judges have not been elected therein), three capable and 
discreet electors to be judges of elections, and who shall possess the 
qualifications required by this act for such judges. They shall hold their 
office for one year from their appointment and until their successors are 
duly appointed or elected. The said county board may, at any time, fill 
vacancies in said office. No more than two persons of the same political 
party shall be appointed judges of the same election district or undivided 
precinct. 

"Section 33. In counties under township organization, when a town 
is not divided into election districts, the supervisor, assessor and collector 
thereof shall be judges of elections in such town. When the township 
is divided into several election districts the county board shall, at its 
regular (or at a special) meeting in the month of July in each year, 
appoint in each election district (when judges have not been elected 
therein) three capable and discreet electors to be judges of elections, and 
who shall possess the qualifications required by this act for such judges. 
They shall hold their office one year from their appointment, and until 
their successors are duly appointed or elected. The town supervisor,, 
assessor and collector shall be appointed as such judges in the districts 
in which they respectively reside. The said county board may fill 
vacancies in said office at any time. No more than two persons of the 
same political party shall be appointed judges of the same election dis- 
trict, except when it shall happen that the said supervisor, assessor and 
collector all reside in the same district." 

"Section 37. The judges of election shall choose three persons having 
similar qualifications with themselves, to act as clerks of election, who 
may continue to act as such during the pleasure of the judges. But no 
more than two persons, of the same political party, shall be so chosen as 
such clerks of election for the same election district or precinct. 

"Section 38. Previous to any vote being taken, the judges and clerks 
of the election shall severally subscribe and. take an oath or affh'mation, 
in the following form, to-wit: I do solemnly swear (or affirm, as the 
case may be.) that I will support the constitution of the United States 
and the constitution of the State of Illinois, and that I will faithfully 
discharge the duties of the office of judge of election (or clerk, as the 
case may be,) according to the best of my ability, and that I have resided 
in this election district for one year next preceding this election, and 
am entitled to vote at this election." 

"Section 57. Immediately upon closing the polls, the judges shall pro- 
ceed to canvass the votes polled. They shall first count the wholi number 



196 ELTCTIONS. 



of ballots in the box. If two or more ballots are folded together so< 
as to appear to have been cast by the same person, all of the ballots so 
folded together shall be marked and returned with the other ballots in 
the same condition, as near as may be, in which they were found when 
first opened, but shall not be counted. If the remaining ballots shall be 
found to exceed the number of names entered on each of the poll lists, 
they shall reject the ballots, if any be found upon which no number is 
marked ; if the number of ballots still exceeds the number of names en-' 
tered on each of the poll lists, said ballots shall be replaced in the box, 
and the box closed and well shaken and again opened, and one of the 
judges shall publicly draw out and destroy so many ballots unopened 
as shall be equal to such excess ; and the number of the ballots agree- 
ing with the poll lists, or being made to agree, the board shall then 
proceed to count and estimate and publish the votes ; and when the 
judges of election shall open and read the tickets, each clerk shall care- j 
fully and correctly mark down upon the tally lists the votes each candidate 
has received, in a separate column prepared for that purpose, with the] 
name of such candidate at the head of such column, and the office desig- 
nated by the votes such candidate shall fill. The votes shall be can- 
vassed in the room or place where the election is held, and the judges 
shall not allow the ballot box, or any of the ballots, or either of the poll 
lists, or either of the tally papers, to be removed or carried away from 
such room or place, until the canvass of the votes is completed, and the 
returns carefully enveloped and sealed up as provided by law." 

"Section 62. One of the lists of voters with such certificate written 
thereon, and one of the tally papers footed up so as to show the correct 
number of votes cast for each person voted for, shall be carefully envel- 
oped and sealed up and put into the hands of one of the judges of elec- 
tion, who shall, within two days thereafter, deliver the same to the 
county clerk, or his deputy, at the office of said county clerk, who shall 
safely keep the same. Another of the lists of voters, with such certifi- 
cate written thereon, and another of the tally papers footed up as afore- 
said, shall be carefully enveloped and sealed up and duly directed to the 
Secretary of State, and, by another of the judges of election, deposited 
in the postoffice, within twelve hours after the close of the polls, which 
poll book and tally list shall be filed and kept by the Secretary of State 
for one year, and certified copies thereof shall be evidence in all courts, 
proceedings and election contests. Another of the lists of voters, with 
such certificate^written thereon, and another of the tally papers footed 
up as aforesaid, shall be carefully enveloped and sealed up and delivered 
by the third one of the judges, without delay, in counties under town- 
ship organization, to the town clerk of the town in which the district 
may be ; and in counties not under township organization they shall be 
retained by one of the judges of election and safely kept by said town 
clerk and judge, for the use and inspection of the voters of such district, 
until the next general election. Before said returns are sealed up, as 
aforesaid, the judges shall compare said tally papers, footings and certifi- 
cates, and see that they are correct and duplicates of each other, and 
certify to the correctness of the same." 

Approved June 22, 1885. 



FERTILIZERS. 19V 



FERTILIZERS. 



TO PREVENT FRAUD. " 



J 1. Packages shall be marked with certifi- 
cate. 

5 2. Certificate filed in office of State Board 
of Agriculture. 

5 3. License fees. 

5 4. Analyses of fertilizers sold in this State. 

J 5. Penalties for violating this act. 



§ 6. Suits, how brought; report of fines. 

§ 7. Report of analyses, fines and license 
fees. 

§ 8. Samples selected from fertilizers on 
sale, for analysis. 

§ 9. Suits, how brought. 



An Act to prevent fraud in the manufacture and sale of commercial 

fertilizers. 

Section 1. Be it enactedby the People of the State of Illinois, represented 
in the General Assembly: That any person or company who shall offer, 
sell, or expose for sale, in this State, any commercial fertilizer, the price 
of which exceeds ten dollars a ton, shall affix to every package, in a con- 
spicuous place on the outside thereof, a plainly printed certificate, stating 
the number of net pounds in the package sold or offered for sale, the name 
or trade-mark under which the article is sold, the name of the manufacturer, 
and the place of manufacture, and a chemical analysis, stating the per- 
centage of nitrogen or its equivalent in ammonia, in an available form, 
of potash, soluble in water, and of phosphoric acid, in an available form 
(soluble or reverted), as well as the total phosphoric acid. 

§ 2. Before any commercial fertilizer is sold, or offered for sale, the 
manufacturer, importer or party who causes it to be sold, or offered for 
sale, within the State of Illinois, shall file in the office of the Illinois 
State Board of Agriculture, a certified copy of the certificate referred to 
in section one of this act, and shall deposit with the secretary of said 
board of agriculture, a sealed glass jar, containing not less than one 
pound of the fertilizer, accompanied with an affidavit that it is a fair 
average sample. 

§ 3. The manufacturer, importer or agent of any commercial fertilizer, 
exceeding ten dollars per ton in price, shall pay, annually, on or before 
the first day of May, a license fee of twenty dollars for the privilege of 
selling or offering for sale within the State, said fee to be paid to the 
treasurer of the Illinois State Board of Agriculture : Provided, that 
whenever the manufacturer or importer shall have paid the license fee 
herein required, for any person acting as agent for such manufacturer or 
importer, such agent shall not be required to pay the fee named in this 
section. 

§ 4. All analyses of commercial fertilizers, sold within the State, 
3hall be made under the direction of the Illinois State Board of Agri- 
culture, and paid for out of the funds arising from license fees, as provi- 
ded for in section three. At least one analysis of each fertilizer sold 
shall be made annually. 

§ 5. Any person or party, who shall offer, or expose for sale, any 
commercial fertilizer, without complying with the provisions of sections 



198 FEES AND SALARIES. 



one, two and three, of this act, or shall permit an analysis to be attached 
to any package of such fertilizer, stating that it contains a larger per- 
centage of any one or more of the constituents, named in section one of 
this act, than it really does contain, shall be fined not less than two 
hundred dollars for the first offense, and not less than five hundred dol- 
lars for every subsequent offense ; and the offender, in all cases, shall 
also be liable for damages sustained by the purchaser of such fertilizer : 
Provided, however, that a deficiency of one per cent, of the nitrogen, 
potash or phosphoric acid claimed to be contained, shall not be consid- 
ered as evidence of frandulent intent. 

§ 6. Suit may be brought for the recovery of fines or damages, under 
the provisions of this act, in the county where the fertilizer was offered 
for sale, or where it was manufactured, and all fines, so recovered, shall 
be paid into the treasury of the State Board of Agriculture by the court 
collecting the same. The treasurer of the State Board of Agriculture, 
after the payment of the expenses for analysis, and the publication of 
the annual report relating to the analysis, use and results obtained from 
fertilizers, shall pay into the treasury of the State any surplus remaining 
in his hands, on account of license fees and fines received through the 
provisions of this act. 

§ 7. The Illinois State Board of Agriculture shall publish, annually, 
a correct report of all analyses made and certificates filed, together with 
a statement of moneys received on account of license fees and fines, and 
expended for analyses and publication of the report i*elating to fertilizers. 

§ 8. The officers and members of the Illinois State Board of Agri- 
culture, or any person authorized by said board, are hereby empowered to 
select from any package of commercial fertilizers, exposed for sale in 
any county in Illinois, a quantity not exceeding two pounds, which quan- 
tity shall be for analysis to compare with sample deposited with the 
secretary of said board of agriculture, as provided for in section two of 
this act, and with the printed certificate found on the given package 
found on sale. 

§ 9. All suits for the recovery of fines, under the provisions of this 
act, shall be brought by the Attorney-General of the State, in the name 
of the People of the State of Illinois. 



Approved June 29, 1885. 



FEES AND SALARIES. 



JURORS. 
§ 1. Amends section 44 by increasing ;'urors' fees to $2 per day. 

An Act to amend section forty-four of an act entitled "An act concerning 
fees and salaiHes, and to classify the several counties of this State with 
reference thereto" approved March 29, 1S72, in force July 1, 1872, title 
as amended by act approved March 28, 1874, in force Jidy 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That section forty- four of an act entitled 



PEES ASTD SALARIES. 199 



"An act concerning fees and salaries, and to classify the several counties 
of this State with reference thereto," approved March 29, 18*72, in force 
July 1, 1872, title as amended by act approved March 28, 1874, in force 
July 1, 1874, be amended so as to read as follows, viz : 

"Section 44. There shall be allowed and paid to grand and petit 
jurors for their services in attending courts of record, including the 
county court, when sitting for or doing probate business, each the sum of 
two dollars per day of necessary attendance at such courts as such jurors, 
and also five cents per mile each way for necessary travel in going to and 
returning from the same, to be paid out of the county treasury, except 
that in cases for the trial of insane persons before the courts jurors shall 
only receive, for their services as jurors for such trials, the sum of one 
dollar per day each. The clerk of the court shall furnish to each of the 
jurors aforesaid, without fee, whenever he shall be discharged from 
further service by the court, a certificate of the number of days' attend- 
ance at the term, or of the number of days' attendance at the trial of an 
insane person, as the case may be, and upon presentation thereof to the 
county treasurer, he shall pay to such juror the sum as above provided 
for his said service. The jurors in courts of record, including county 
courts when sitting for and doing probate business, in counties of the 
third class, shall receive only for their services the sum of two dollars 
per day, and five cents per mile, actual travel going and coming to place 
of holding court, but no oftener than once coming and going to place of 
holding court shall be considered in computing the mileage of jurors, 
during the term for which they shall be summoned to serve as jurors." 

Approved June 27, 1885. 



STATE'S ATTORNEYS. 

§ 1. Amends section 9 by requiring reports to be made in counties of the third class 

semi-annually. 

An Act to amend section nine 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, 1872, in force Jidy 1, 1872, 
title as amended by act approved March 28, 1874, in force July 1, 1874. 

Section 1 . Be it enacted by the People of the State of Illinois, rep- 
resented in the Genercd Assembly: That section -nine 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, 1872, in force 
July 1, 1872, title as amended by act approved March 28, 1874, in force 
July 1, 1874, be and the same is hereby amended so as to read as follows, 
to wit: 

"Section 9. It shall be the duty of each State's attorney of this 
State to make report in writing to the circuit court of their respective 
counties, on the first day of every term thereof, of all fees, fines and 
forfeitures by him collected, which report shall be verified by the affida- 
vit of the party making it, and shall be filed by the clerk and recorded 



200 



FINES AND PENALTIES. 



in a book by him to be kept for that purpose. Any State's attorney 
failing or refusing to make such report shall be suspended by the court, 
until such report be made, and it shall be the duty of the court making 
such suspension to appoint some suitable person to fill the vacancy 
caused thereby ; and any State's attorney failing to make such report for 
two successive terms shall be removed from office by the court, and the 
vacancy caused thereby shall be filled as is now or may be hereafter 
provided by law: Provided, that in counties of the third class it shall 
be the duty of each State's attorney to make said report only on the 
first day of the June and December terms of said court." 
Approved June 26, 1885. 



FINES AND PENALTIES. 



PAYMENT TO HUMANE SOCIETIES. 



$ 1, Directs that all fines collected under the 
laws of the State for cruelty to ani- 
mals or children be paid into the 
treasury of such humane society. 



Directs that all fines collected under 
ordinances of cities, towns aid vil- 
lages be paid into the treasury of socie- 
ties organized in such cities, towns 
or villages. 



An Act to provide for the payment of fines, paid in money , upon all prose- 
cutions for cruelty to animals or children, to the support of societies for 
the prevention of cruelty to animals and children or humane societies. 

Section 1 . Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That all the fines, paid in money, 
imposed through the agency of any humane society (or society for the 
prevention of cruelty to animals and children) under the laws of the State 
of Illinois, shall, when collected, be paid into the treasury of such society, 
to be applied towards its support. 

§ 2. That all the fines paid in money imposed through the agency of 
any humane society (or society for the prevention of cruelty to animals 
and children) under the laws or ordinances of any city, town or village 
within the State of Illinois, may, when collected, be paid into the treasury 
of such society: Provided, such society named in this act shall be incor- 
porated under and by virtue of the laws of the State of Illinois. 

Approved June 23, 1885. 



EIRE ESCAPES. 201 



FIRE ESCAPES. 



FOR BUILDINGS. 

§ 1. Buildings, other than dwellings, four or I §3. Notice by corporate authorities; in- 
more stories high must he supplied ] quiry by grand juries; notice, 
within six months. I §4 Penalties for neglect. 

§ fr. Buildings hereafter erected. . | § 5. Fines paid to school fund. 

An Act relating to fire escapes for buildings. 

Section 1 . Be it enacted bg the People of the State of Illinois, represented 
in the General Assembly: That within six (6) months next after the 
passage of this act, all buildings in this State which are four or more 
stories in height, excepting such as are used for private residences exclu- 
sively, but including flats and apartment buildings, shall be provided 
with one or more metallic ladder or stair fire-escapes attached to the 
outer walls thereof and extending from or suitably near the ground to 
the uppermost story thereof, and provided with platforms of such form 
and dimensions and in such proximity to one or more windows of each 
story above the first, as to render access to such ladder or stairs from 
each such story, easy and safe; the number, location, material and con- 
struction of such escapes to be subject to the approval of the board of 
supervisors in counties under township organization, and the board of 
county commissioners in counties not under township organization, except 
in villages, towDs and cities organized under any general or special law 
of this State, such approval shall be had by the corporate authorities of 
such villages, towns and cities: Provided, however, that all buildings, 
more than two stories in height, used for manufacturing purposes or for 
hotels, dormitories, schools, seminaries, hospitals or asylums, shall have 
at least one such fire-escape for every fifty (50) persons for which working, 
sleeping or living accommodations are provided above the second stories 
of said buildings; and that all public halls, which provide seating room 
above the first or ground story, shall be provided with such numbers of 
said ladder or stair fire-escapes as the board of supervisors or commis- 
sioners or corporate authorities aforesaid may direct. 

§ 2. All buildings of the numbers of stories and used for the purposes 
set forth in section one (1) of this act, which shall be hereafter erected 
within this State, shall, upon or before their completion, each be provided 
with fire escapes of the kind and number, and in the manner set forth in 
said section one (1) of this act. 

§ 3. After the expiration of six (6) months next after the passage of 
this act, the boards of supervisors and commissioners, and in villages, 
towns and cities, the corporate authorities thereof, as aforesaid, may, 
at any time, direct the sheriff of their respective counties to serve a 
written notice, in behalf of the People of the State of Illinois, upon the 
owner or owners, trustees, lessee, or occupant of any building within 
their county, not provided with fire-escapes in accordance with the 
requirements of this act, commanding such owners, trustees, lessee or 
occupant, or either of them, to place or cause to be placed upon such 
building, such fire-escape or escapes, within thirty (30) days after the 
service of such notice. And the grand juries of the several counties of 
this State may, also, during any term, visit, or hear testimony relating to 



202 FISH AND GAME. 



any building or buildings within their respective counties, for the pur- 
pose of ascertaining whether it or they are provided with fire-escapes in 
accordance with the requirements of this act, and submit the result of 
their inquiry, together with any recommendations they may desire to 
make, to the circuit court, except in Cook county, and to the criminal 
court of Cook county, and said court may thereupon, if it find from the 
report of said grand jury that said building or buildings is or are not 
provided with a fire-escape or escapes in accordance with this act, cause 
the sheriff to serve a notice or notices upon the owner, trustees, lessee, 
or occupant of such building or buildings. 

§ 4. Any such owner or owners, trustees, lessee, or occupant, or either 
of them, so served with notice as aforesaid, who shall not within thirty 
(30) days after the service of such notice upon him or them, place or 
cause to be placed such fire-escape or escapes upon such building as re- 
quired by this act and the terms of such notice, shall be subject to a fine 
of not less than twenty-five (25) or more than two hundred (200) dollars, 
and to a further fine of fifty (50) dollars for each additional week of 
neglect to comply with such notice. . 

§ 5. All the money or moneys, collected as fines under and by virtue 
of this act, shall be paid into or placed to the credit of the common 
school fund of the counties in which they are collected. 

Approved June 29, 1885. 



FISH AND GAME. 



FISH. 



§ 1. Prohibits seining- except between the I § 8, How suits may be brought. 

1st of September and 1st of March. | § g Complaints upon streams be tween 
§ 2. Nets, seines and dams across streams counties. 

prohibited; taking- fish except by hook <• 1fl Warrar , tq i <,<,,, P(i hv in srioes 

and line within one half mile of dam * 1U - warrants issued Dy justices. 

prohibited. §11. Hearing before justices. 

§3. Fish ways over dams. I §12. Judgment and execution. 

§4. Taking fish by acids or explosive com- $18. Commitment for non-payment of fine, 
pounds prohibited. | § u Appeals . 

§5. Brooktrout. I ^, 15 Duty of officers to make complaints. 

§6. Penalties for violation of this act. < 16 Acts repealed. 

§ 7. Penalties for trespass. 

An Act to encourage the propagation and cultivation, and to secure the 
protection of fishes in all the maters of this State, and to appoint a 
board of fish commissioners and to prescribe their duties, and to provide 
for the enforcement of the provisions of this act. 

Section 1 . JBe it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That it shall be unlawful for any per- 
son to catch or kill any fish with any seine or any other device used 



FISH AND GAME. 203 



as a seine, in, or upon any of the rivers, creeks, streams, ponds, lakes, 
sloughs, bayous, or other water courses, wholly within or running 
through the State of Illinois, nor shall the meshes of any set net, 
weir, basket or trap, or any device used for catching fish in such waters 
not above prohibited, except for catching minnows foi-bait, be less than 
two inches square: Provided, however, that seining shall be a'lowed 
between the first day of September and the first day of March of the 
following year, with seines whose meshes shall not be less than two 
inches square. 

§ 2. That no person shall place, cause to be placed or erected, any 
seine, net, weir, fish dam or other obstruction in, or across any of the 
rivers, creeks, streams, ponds, lakes, sloughs, bayous, or other water 
courses wholly within this State, or in that part of such stream or water 
course wholly within this State, in such manner as shall obstruct the 
free passage of fish up or down or through such water courses, and that 
it shall be unlawful for any person to catch or take fish, except min- 
nows for bait, with any device other than a hook and line or spear, 
within one-half mile of any dam constructed across any of the rivers 
or creeks of this State. 

§ 3 . That it shall be the duty of any person or persons who now, 
own or hereafter may erect any dam or other obstruction across any of 
the rivers, creeks, streams, bayous, or other water courses within this 
State, to place therein suitable fish ways in order that the free passage 
of fish up and down through such waters may not be obstructed. A 
failure to perform this duty for thirty days after the passage of this act 
sha 1 be deemed a violation of this section, and a failure to perform 
such duty for each 15 days thereafter, shall constitute a separate offense. 

§ 4. That it shall be unlawful for any person or persons, at any time, 
to catch or kill any fish in any of the rivers, creeks, ponds, lakes, 
sloughs, bayous, or other water courses within the jurisdiction of this 
State, by the use of lime, acid, medicinal or chemical compound or ex- 
plosive. 

§ 5, It shall be unlawful for any person or persons to take, by any 
device or means whatsoever, brook trout from any of the streams, lakes 
or other water courses within this State, between the fifteenth day of 
July and the first day of April following, in each year, and at no time 
with any device whatever except a hook and line. 

§ 6. Any person or persons violating any of the provisions of the 
preceding sections of this act shall be deemed guilty of a misdemeanor, 
and, upon conviction, shall be fined not less than ten nor more than two 
hundred dollars (8200) and costs of suit. 

§ 7. Any person or persons who shall, for the purposes of fishings 
without the consent of the owner, trespass upon the lands of another, 
containing any fish pond or lake, whether natural or artificial, when and 
where the waters of such pond or lake are not directly connected with 
any of the water courses of this State, shall be deemed guilty of a mis- 
demeanor, and, on conviction, shall be fined in any sum not less than 
ten nor more than one hundred dollars, and costs of suit, for the first 
offense, and not less than thirty nor more than two hundred dollars for 
the second offense, and the same for each subsequent offense as for the 
second offense. 



204 FISH AND GAME. 



§ 8. To enforce the provisions of this act all suits brought under the 
same shall be in the name of the People of the State of Illinois, and shall 
be brought on the complaint of any person or persons showing by affi- 
davit that some section of this act has been violated, giving the names 
of the person or persons violating if known, if not known, such affidavit 
shall state by some persoa or persons whose name or names are un- 
known, and such complaint shall be made before any justice of the 
peace of the county in which such violation has been made. 

§ 9. Where such violation is alleged to have been committed upon 
that portion of a stream or water course which may be the dividing line 
between two counties, then the complaint may be made to any justice of 
the peace of either of such counties. 

§ 10. If the justice, before whom such complaint shall be made, shall 
be satisfied that there is reasonable cause to justify the making of such 
complaint, he shall issue his warrant directed to the sheriff or constable 
of such county, commanding him forthwith' to arrest and bring before 
him, or, in his absence, before some other justice of the peace within 
su/m county, the person or persons alleged to have been guilty of violat- 
ing any of the sections of this act. 

§ 11. Whenever any person or persons shall be brought before any 
justice of the peace, in the manner provided for in this act, it shall be 
the duty of such justice to hear and determine the complaint. The per- 
son or persons so charged may demand a jury at any time before the 
commencement of the trial, and the case shall be tried as in cases before 
justices in civil cases, and judgment shall be for acquittal or conviction 
of the defendant or defendants in the case. In case a jury is called, the 
form of the verdict shall be, if for conviction, "we, the jury, find the 

defendant guilty and assess the fine at dollars;" and if for 

acquittal, "we, the jury, find the defendant not guilty." The justice 
shall pronounce judgment in accordance with the verdict. 

§ 12. Whenever any judgment of conviction shall be rendered 
against any defendant or defendants, as above provided, execution shall 
issue forthwith on such judgment, and the sheriff or constable, to whom 
the same shall be directed, shall pay one-half of all penalties collected on 
such execution in payment of such judgment, to the person or persons 
who shall have made the complaint, and the remaining one-half to the" 
superintendent of schools of the county wherein such trial shall be had. 

§ 13. Whenever any execution, issued as above provided, shall be 
returned "no property found," the justice issuing the same, or in case of 
his death or absence, any other justice having possession of the docket 
in which such judgment was entered, shall issue his warrant to the 
sheriff or any constable of such county, commanding him to take and 
deliver the defendant or defendants in the execution to the jailor of such 
county, who shall receive such defendant or defendants into his custody, 
and commit him or them to the common jail of such county, or work- 
house of such county whenever one exists, for a period of not less than 
ten nor more than sixty days, as the justice shall decide and direct in his 
warrant, but such defendant or defendants so arrested or committed 
shall be discharged at any time on payment of such fine and costs. 

§ 14. Any defendant or defendants against whom such judgment of 
conviction shall be rendered, and, in case of acquittal, the party making 






FISH AND GAME. » 205 



the complaint, or any person who will give the necessary bond, shall 
have the right of appeal, on the same terms as in civil cases before jus- 
tices, but no proceedings herein provided for shall be stayed until such 
appeal shall be fully perfected. 

§ 15. It shall be the duty of all sheriffs, deputy sheriffs and consta- 
bles of this State to look after the violations of any of the sections of this 
act, to make complaints where such violations come to their knowledge, 
and they shall have power to arrest any person or persons they may find in 
the act of violating any of the provisions of this act, without a warrant, 
and keep him or them in custody until complaint can be made and pro- 
ceedings had against him or them, as hereinbefore provided. 

§ 16. That an act entitled "An act to prevent the destruction of fish 
in the State of Illinois, and to secure the unobstructed passage of fish in 
all the waters of this State, wherein they were once accustomed to be 
found," approved March 22, 1872; an act entitled "An act to secure the 
free passage of fish in all the waters of this State," approved March 25,1874; 
an act entitled "An act to encourage the cultivation of fishes within the 
State of Illinois," approved and in force May 13, 1879, and an act entitled 
"An act to protect brook trout," approved May 29, 1879, are hereby re- 
pealed, but such repeal shall not disturb the status of the present board 
of fish commissioners. 

Approved June 29, 1885. 



GAME. 



J 1. Game wardens; term of office; com- 
pensation for services. 

§ 2. Duties of wardens. 

§3. Search warrants. 

§ 4. Hearing- on warrant. 



^5. Judgment and sale. 

§ 6. Proceeds of sale. 

§ 7. Report of wardens. 

§ 8. Liability of wardens for wrongful 
seizure. 



An Act to provide for an additional remedy for the p>rotection of game, 
and for the protection of deer, wild fowl and birds, and for the ap- 
pointment of game wardens and defining the powers and duties of the 
same. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That the Governor of the State shall 
appoint three game wardens, one for each of the three largest cities in 
the State, whose term of office shall be for two years from the time of 
taking effect of this act or until their successor or successors are ap- 
pointed; said game wardens shall receive no salary from the State for 
their services, but shall receive a portion of the fines and proceeds of 
sale as hereinafter provided. 

§ 2. It shall be the duty of such game wardens to prosecute persons 
and corporations having in their possession game, deer, wild fowl and 
birds contrary to law, as hereinafter provided, and also to enforce the 
game laws of this State. 



206 FISH AND GAME. 



§ 3. If said game wardens or either of them has reason to believe or does 
believe that any person or corporation has in his or their possession, con- 
trary to law, any game, deer, wild fowl or bird, it shall be the duty of such 
game wardens to go before any justice of the peace in the county and make 
affidavit of that fact; said justice shall thereupon issue a search warrant 
against the person or corporation so complained of, directed to any con- 
stable of the county, commanding him to proceed at once and search for 
said game, deer, wild fowl or bird, and upon finding the same to seize 
and take possession of the same and keep it until further ordered by the 
justice; said constable shall also read said warrant to the owner or per- 
son in whose possession said game, deer, wild fowl or bird is found. 

Said warrant shall be substantially as follows: 

STATE OF ILLINOIS, ) 

Vss. 
County, ) 

To any Constable of said cmmty — Greeting: You are hereby commanded to search (here 
describe place), and seize and take possession of and hold any g-ame, deer, wild fowl or bird 
found there; and you (here name owner or person or corporation, in whose possession game 
is found) are hereby notified to appear before me at my office in (here locate office), on (here 
state time of trial), and show cause why the game, deer, wild fowl or birds, should not be 
sold and the proceeds thereof distributed as required by law. 

(Date of warrant). (Signature of Justice), 

Justice of the Peace. 

Which said warrant shall be returnable within not less than twelve nor 
more than twenty -four hours from the date thereof. 

§ 4. At the time mentioned in said warrant said justice shall proceed 
to hear and determine whether said game, deer, wild fowl or bird, was 
in the possession of the person or corporation contrary to law; and if said 
justice finds that said game, deer, wild fowl or bird was in the possession 
of the defendant contrary to law, then said justice shall enter judgment 
against the defendant and order a sale of the game, deer, wild fowl or 
bird seized ; but if said justice shall find that the possession of said 
game, deer, wild fowl or bird was not contrary to law, then the judg- 
ment of the court shall be that the same be returned to the person or 
corporation from whom the same was taken. 

§ 5. In case of a judgment and order of sale as specified in section 
four, then said constable shall at once post two notices, one at the justice's 
office and one at the place of sale, specifying in each notice the time 
and place of sale, not less than five hours from the date of judgment, 
also a description of the game, deer, or wild fowl to be sold ; said place 
of sale shall be upon the principal produce street or market of the city ; 
said constable shall at the time and place mentioned in said notices sell 
said game, deer, wild [fowl] or bird at public auction to the highest 
bidder for cash, and at once pay the proceeds of such sale into the 
justice's court ; said constable shall give to the purchaser a certificate of 
purchase, in which shall be a particular description of the game sold, 
together with date of sale. 

§ 6. Said justice shall, as soon as the proceeds of sale are paid into 
his court, deduct the amount of his costs, together with the constable's 
costs, and distribute the balance as follows : One-half shall be paid to 
the game warden, which shall be kept by him for his services, and one- 
half paid into the county treasury for the benefit of the school fund. 

§ 7. Said game wardens shall each make an annual report to the Gov- 
ernor, showing the number and kind of game, deer, wild fowl and birds, 



FOOD. 207 



seized, and what disposition was made of them, and the amount of the 
proceeds of sale. 

§ 8. Game wardens shall not be liable for any damage or cost sus- 
tained by any person or corporation by reason of the wrongful seizure of 
game, deer, wild fowl or birds under this act : Provided, however, that 
the enforcement of this act shall in nowise prevent prosecutions of per- 
sons or corporations for violations of the game laws of this State. 

Approved June 27, 1885. 



FOOD. 



CANNED, LABELING. 

§ 1. Goods must be labeled after Jan'y, 1886 I §3. Penalties for false labeling. ' 
§2. "Soaked" goods marked. ' 

An Act to protect the public from imposition in relation to canned or 

preserved food. 

Section 1. Tie it enacted by the People of the State of Illinois, repre- 
sented in the Genercd Assembly: That it shall hereafter be unlawful in 
this State for any packer or dealer in preserved or canned fruits and veg- 
etables or other articles of food to offer such canned articles for sale 
after January 1, 1886, with the exception of goods brought from foreign 
countries, or packed prior to the passage of this act, unless such articles 
bear a mark to indicate the grade or quality together with the name and 
address of such firm, person or corporation that pack the same or dealer 
who sells the same. The firm, person or corporation labeling such goods 
shall be considered the packer or packers. 

§ 2. That all soaked goods put up from products dried before can- 
ning, shall be plainly branded on the face of the label, in letters not 
less than one-half inch high and three-eighths inch wide, of solid and 
legible type, the word "soaked." 

§ 3. Any person, firm or corporation, who shall falsely stamp or label 
such cans or jars containing preserved fruit or food of any kind, or 
knowingly permit such false stamping or labeling, and any person, firm 
or corporation who shall violate any of the provisions of this act, shall 
be deemed guilty of a misdemeanor, and punished with a fine of not 
less than fifty dollars ($50) in the case of vendors, and in the case of 
manufacturers and those falsely or fraudulently stamping or labeling 
such cans or jars a fine of not less than five hundred dollars ($500) nor 
more than one thousand dollars ($1,000); and it shall be the duty of any 
board of health in this State cognizant of any violation of this act to 
prosecute any person, firm or corporation, which it has reason to believe 



208 GUARDIANS AND WARDS HORSE THIEF ASSOCIATION. 



has violated any of the provisions of this act, and after deducting the 
costs of trial and conviction to retain for the use of such board the 
balance of the fine or fines recovered. 



Approved June 27, 1885. 



GUARDIANS AND WARDS. 



FINAL SETTLEMENTS. 

$ 1. Amends act 1872, Sec. 16, by requiring- guardians to file itemized accounts of assets 

on hand. 

An Act to amend section 16 of "An act in regard to guardians and 
wards," approved April 10, 1872, in force July 1, 1872. 

Section 1. Beit enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That section 16 of "An act in regard 
to guardians and wards," approved April 10, 1872, in force July 1, 1872, 
be and the same is hereby amended so as to read as follows : 

"Section 16. On any accounting and final settlement of guardian, he 
shall exhibit and file his account as such guardian, setting forth specific- 
ally, in separate items, on what account expenditures were made by him, 
and all sums received and paid out since his last accounting, and of all 
money on hand, and an - itemized account of all notes, bonds, accounts, 
i and evidences of indebtedness composing the personal estate of his 
ward, and said guardian shall produce and exhibit to the court the notes, 
bonds, accounts, and evidences of indebtedness, so itemized, and held 
by him, and it is hereby made the duty of the court to inspect the 
assets so exhibited. Which account shall be accompanied by proper 
vouchers and [be] signed by him and verified by his affidavit." 

Approved June 27, 1885. 



HORSE THIEF ASSOCIATIONS. 



INCORPORATION. 

§ 1. Organization. i §3. Powers of the corporation. 

§ 2. Articles of association; limitation; re- J §4. Constitution and by-laws. 
den d ce d *" the recorder ' s office; evi- | § 5- Police powers. 

An Act to authorize the formation of companies for the detection and 
apprehension of horse thieves and other felons. 

Section 1. Be it enacted by the Peopjle of the State of Illinois, repre- 
sented in the General Assembly : That any number of citizens of this 



INSURANCE. 209 



State, not less than one hundred, who are freeholders, residing in the 
contiguous townships or precincts, are hereby authorized to form them- 
selves into a company for the purpose of detecting and apprehending 
horse thieves and other felons, as hereinafter provided. 

§ 2. Persons desirous of forming any such company, shall each sub- 
scribe to articles of association, in which shall be set forth the name of 
the said company, the residence of each member, the number of mem- 
bers and the length of time for which such company shall be organized, 
which shall not exceed ten years. Said articles of association shall be 
filed and recorded in the office of the recorder of deeds of the county in 
which the majority of the members of such company may reside, and a cer- 
tified copy of such record shall be received as evidence, in any court of 
the State, of the existence of such company, and of the membership of 
any person belonging thereto. 

§ 3. Whenever said articles of association shall be filed, as above 
provided, the said company, under the name and style which they may 
designate, shall be a body politic and corporate, and by such name* may 
sue and be sued, plead and be impleaded in any court of competent juris- 
diction in this State, and shall have succession during any time not ex- 
ceeding ten years, as provided in the second section of this act; may 
have and use a common seal and alter the same at pleasure. 

§ 4. Said company shall have the power to adopt a constitution and 
by-laws for their government, and enforce obedience to the same; which 
constitution and by-laws shall be consistent with the constitution and 
laws of this State and the United States. 

§ 5. Such company shall have power to call to their aid the peace 
officers of this State, in accordance with law, in the pursuit and appre- 
hension of felons and reclaiming stolen property; and each and every 
one of the members of such company, when engaged in arresting offend- 
ers against the criminal laws of this State, shall be entitled to all the 
rights and privileges of constables. 

This bill having' remained with the Governor ten days after the adjournment of the 
General Assembly, and he havina - 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 7th day of July, A. D. 1885. 

HENRY D. DEMENT, 

Secretary of State. 



INSURANCE. 



TORNADOES, ETC. 

§ 1. Authorizes companies organized under the laws of th"s State to insure against wind- and 

hail-storms and tornadoes. 

An Act authorizing fire insurance companies to insure against loss or 
damage by lightning, wind-storms, hail-storms, tornadoes, and cyclones. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That all insurance companies hereto- 
fore organized under any law or laws of the State of Illinois, having power 

—14 



210 JURORS. 



to make insurance against loss by fire, are hereby authorized to insure 
houses, buildings, gi-owing crops, live stock, and other property against 
loss or damage by lightning, wind-storms, hail-storms, tornadoes and 
cyclones, or either or all of them : Provided, the same shall be clearly 
expressed in the policies. 

Approved June 30, 1885. 



JURORS. 



SPECIAL PANEL. 

§ 1. Amends Sec. 8, act 1874, by providing for special panels in the discretion of the 

court. 

An Act to amend section eight (8) of an act entitled" An act concerning 
jurors and to repeal certain acts therein named" approved and in 
force February 11, 1874. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That section eight (8) of an act 
entitled "An act concerning jurors and to repeal certain acts therein 
named," approved and in force February 11, 1874, be and the same is 
hereby amended so as to read as follows, to-wit: 

"Section 8. At least twenty days before the first day of any trial term 
,of any of said courts the clerk of such court shall repair to the office of 
the county clerk, and, in the presence of such county clerk, after the box. 
containing said names has been well shaken by the county clerk, and 
without partiality, draw from said box the names of a sufficient number 
of said persons then residents of said county, not less than thirty for 
each two weeks that such court will probably be in session for the trial 
of common law cases, to constitute the petit jurors for that term, and 
where there is an additional judge in such court, a like number for each 
additional judge requiring a jury, unless such court shall otherwise order: 
Provided, that should the clerk draw from said box the name of a person 
whom he may know to be dead, to have been selected as a grand juror, a 
non-resident, absent from the State, unable to attend in consequence of 
illness or that he is legally disqualified to serve as a juror, it shall be the 
duty of said clerk to report the name of such person to the county clerk; 
and said clerk of such court shall draw other names until the required 
number shall have been selected: Provided, also, that whenever there 
shall be pending for trial in any of said courts any criminal cause where- 
in the defendant is charged with a felony, and the judge holding said 
court shall be convinced from the circumstances of the case that a jury 
cannot be obtained from the regular panel to try said cause, said judge 
may in his discretion, prior to the day fixed for the trial of said cause, 
direct the clerk to draw (in the same manner as the regular panel is 
drawn) not exceeding one hundred names as a special panel from which 
a jury may be selected to try said cause." 

Approved June 26, 1885. 



MEDICINE AND SURGERY. 211 



MEDICINE AND SURGERY. 



DEAD BODIES FOR DISSECTION. 



§ 3. Penalties for refusing to deliver such 
dead bodies. 

§ 4. Burial or cremation of such bodies 
after use. 

§ 5. Repeals the act of 1874. 



§ 1. Dead bodies requiring burial at the 
public expense, to be delivered by 
superintendents of State and county 
institutions, county officers and un- 
dertakers, to the medical profession, 
for the advancement of medical 
science. 

§2. Proper use of such bodies; traffic pro- 
hibited. 

An Act to promote the science of medicine and surgery in the State of 

Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That superintendents of penitentia- 
ries, houses of correction and bridewells, wardens of hospitals, insane 
asylums and poor houses, coroners, sheriffs, jailors, city and county un- 
dertakers, and all other State, county, town and city officers in whose 
custody the body of any deceased person required to be buried at public 
expense shall be, shall give permission to any physician or surgeon (a 
licentiate. of the State Board of Health), or to any medical college or 
school, public or private, of any city, town or county, upon his or their 
request therefor, to receive and remove free of charge or expense, after 
having given proper notice to relatives or guardians of the deceased, the 
bodies of such deceased persons to be buried at public expense, to be by 
him or them used within the State, for advancement of medical science, 
preference being given to medical colleges or schools, public or private; 
said bodies to be distributed to and among the same, equitably; the num- 
ber assigned to each, being in proportion to the students of each college 
or school: Provided, however, that if any person claiming to be, and 
satisfying the proper authorities that he is of kindred of the deceased, 
shall ask to have the body for burial, it shall be surrendered for inter- 
ment: And, provided, further, that any medical college or school, public 
or private, or any officers of the same, that shall receive the bodies of 
deceased persons for the purposes of scientific study, under the provis- 
ions of this act, shall furnish the same to students of medicine and sur- 
gery, who may be under their instruction, at a price not exceeding the 
sum of five dollars for each and every such deceased body so furnished. 

§ 2. Any physician or surgeon (a licentiate of the Illinois State 
Board of Health), or any medical college or school, public or private, 
before receiving any dead body or bodies, shall give to the proper au- 
thority, surrendering the same to him or them, a sufficient bond that said 
body or bodies shall be used only for the promotion of medical science 
within this State ; and whoever shall use said body or bodies for any 
other purpose, or shall remove the same beyond the limits of this State, 
and whosoever shall sell or buy any such body or bodies or shall traffic 
in the same, shall be deemed guilty of a misdemeanor, and shall, on 
conviction, be fined in a sum of not less than one hundred dollars and 
be imprisoned in the county jail for a term of not less than thirty days 
nor more than one year; the fine accruing from such conviction, to be 
paid into the school fund of the county where the offense shall have 
been committed. 



212 



MILITABY CODE. 



§ 3. Any officer refusing to deliver the remains or body of any de- 
ceased person when demanded in accordance with the provisions of this 
act, shall pay a penalty of not less than fifty dollars, nor more than one 
hundred dollars for the Srst offense, and for the second offense, a penalty 
of not less than one hundred dollars, nor more than five hundred dollars, 
and for a third offense, or any offense thereafter, the penalty of not less 
than five hundred dollars, or be imprisoned in the county jail not less 
than six nor more than twelve months, or both, at the discretion of the 
court ; such penalties to be sued for by the health department, as the 
case may be. 

§ 4. It shall be the duty of preceptors, professors and teachers, and 
all officers of medical colleges or schools, public or private, who shall 
receive any dead body or bodies, in pursuance of the provisions of this 
act, decently to bury in some public cemetery, or to cremate the same 
in a furnace properly constructed for that purpose, the remains of all 
bodies, after they shall have answered the purposes of study aforesaid, 
and for any neglect or violation of the provisions of this act. the party 
or parties so neglecting shall, on conviction, forfeit or pay a penalty 
of not less than fifty dollars, nor more than one hundred dollars, or be 
imprisoned in the county jail not less than six nor more than twelve 
months, or both, at the discretion of the court; sucH penalties to be 
sued for by school officers, or any person interested therein, for the 
benefit of the school fund of the county in which the offense shall have 
been committed. 

§ 5. An act entitled "An act. to promote the science of medicine and 
surgery in the State of Illinois," approved February 16, 1874, in force 
July 1, 18*74,18 hereby repealed. 

Approved June 26, 1885. 



MILITARY CODE. 



NATIONAL GUARD. 



§ 1. Amends certain sections of the act of 
1879, as follows : 

Art. 1. § 3. By reducing 1 the Illinois Na- 
tional Guard to 4,000 men and 
officers, and reducing- the term of 
enlistment to 3 years 

§ 4. Adds one Assistant Adjutant 
General with the rank of Colonel, 
to the staff of the Commander-in- 
Chief; increases the pay of the 
Adjutant General to .$3,000 per 
annum. 

§ 5. Designates the staff and rank 
of brigade officers. 

§ 6. Designates the number of 
companies which shall constitute 
a regiment and battalion of infan- 
try, and their officers. 

§ 8. Non-commissioned officers of 
a company of cavalry or artillery. 

Art. 2. § 2. Meeting-s for the election of 
officers to be ordered by the Com- 
mander-in-Chief. 



§ 5. Term of enlistment; how dis- 
charged. 

Art. 4. §1. Orders for drills. 

§ 2. Annual camp duty. 

Art. 5. § 2. Inspections ordered by the 
Commander-in-Chief. 

Art. 6. § 1. Rifle practice. 

§ 3. Pay of inspector of rifle 
practice and expenses of depart- 
ment. 

Art. 7. § 1. Courts martial. 
Art .8. § 1. Pay of officers and men, when 
called into active service. 

§ 2. Pay of officers and men when 
ordered into camp. 



Art. 10. § 1. Appropriations. 

§ 2. Repeals certain sections 
the act of 1879. 



of 



5 3. Repeals all acts and parts of 
acts in conflict with this act. 



MILITARY CODE. 213 



An Act to amend sections 3, 4, 5, 6 and 8 of article 1, and sections 2 «?k? 
5 q/" article 2, and sections 1 a?ic? 2 q/" article 4, «>w? section 2 o/ article 
5, and sections 1, 2 cm<:7 3 q/ 1 article 6, and section 1 of article 7, and sec- 
tions 1 awe? 2 q/" articles, and section 1 of article 10, and changing the 
numbers of sections 5, 7 and' 9 q/ article 7, and section 3, article 10, I 
and to repeal sections 1, 2, 3, 4, 6 and 8 of article 1, and section 2 q/" 
article 10, o/" cm «c£ entitled "An act to provide for the organization of 
the State militia, and entitled the military code of Illinois,'''' approved \ 
May 28, 1879, and making an appropriation to pay \the expenses of i 
£Ae Illinois National Guard. 

Section 1. J5e «7 enacted by the People of the State of Illinois, repre' j 
sent ed in the General Assembly. That sections three, four, five, six and 
eight of article one, and sections two and five of article two, and sec- 
tions one and two of article four, and section two of article five, and 
sections one, two and three of article six, and section one of article 
seven, and sections one and two of article eight and section one of arti- 
cle ten, of "An act to provide for the organization of the State militia, 
and entitled the military code of the State of Illinois," approved May 
28, 1879, be, and are hereby amended so as to read as follows, to wit: 

"Article I. 

"Sec. 3. The active militia shall be designated as the 'Illinois National 
Guard,' which shall consist of not more than four thousand officers and 
enlisted men, to be divided into not more than three (3) brigades, each 
to be commanded by a Brigadier-General, and shall be recruited by vol- 
unteer enlistments. The Commander-in-Chief shall assign all regiments, 
battalio s and companies to such brigades as be shall think proper. 
All enlistments therein shall be for three years, and made by signing en- 
listment papers prescribed by the Adjutant General, and taking the 
following oath or affirmation, which may be administered by the enlist- 
ing officer, to wit: ' You do solemnly swear (or affirm) that you will 
bear true allegiance to the United States and the State of Illinois, and 
that you will support the constitution thereof; that you will serve the 
State of Illinois faithfully, in its military service, for the term of three 
yeai*s, unless sooner discharged, or you cease to be a citizen thereof; that 
you will obey the orders of the Commander-in Chief, and such officers 
as may be placed over you, and the laws governing the military forces 
of Illinois, so help you God.' This oath may be administered by any 
commissioned officer, or, in his absence, by any officer authorized by law 
to administer oaths. 

" Sec. 4. The staff of the Commander-in-Chief shall consist of an 
Adjutant General with the rank of Brigadier-General, who shall be, 
ex-officio, chief of the staff, Commissary General and Quartermaster 
General, an Inspector General, a Surgeon General, a Judge Advocate 
General and Inspector of Rifle Practice, each with rank of Colonel; one 
Aid from each Congressional district, each with rank of Colonel; and one 
Assistant Adjutant General with rank of Colonel: Provided, that no em- 
ploye of the State or a county, while drawing his salary as such, shall 
receive any pay by reason of any service in the militia of the State. 
The Adjutant General shall issue and transmit all orders of the Com- 
mander-in-Chief, with reference to the militia or military organizations 
of the State, and shall keep a record of all officers commissioned by the 
Governor, and of all general and special orders and regulations, and of 



214 MILITARY CODE. 



all such matters as pertain to the organization of the State militia and 
the Illinois National Guard, and perform the duties of an Adjutant, 
Commissary and Quartermaster General. Pie. shall have charge of the 
State Arsenal and grounds, and shall receive and issue all ordnance and 
ordnance stores, and camp and garrison equipage on the order of the 
Commander-in-Chief. He may appoint, with the approval or the Gov- 
ernor, an Ordnance Sergeant, at a salary of not more than eight hun- 
dred dollars per annum, who shall, under the direction of the Adjutant 
General, aid and assist him in the discharge of his duties. The Adju- 
tant General shall receive for his services the sum of three thousand 
dollars per annum. He shall have charge of and carefully preserve the 
colors, flags, guidons and military trophies of war belonging to the 
State, and shall not allow the same to be loaned out or removed from 
their proper place of deposit. He shall furnish, at the expense of the 
State, all proper blank books, blanks and forms, and such military in- 
struction books as shall be approved by the Commander-in-Chief. He 
shall also, on or before the first day of October next preceding the regu- 
lar session of the General Assembly, make out a full and detailed ac- 
count of all the transactions of his office, with the expenses of the 
same for the preceding two years, and such other matters as shall be 
required by the Governor; and shall also report such other times as the 
Governor may require. He sha'l reside at the State capital and shall 
hold his office during the pleasure of the Governor. 

"Sec. 5. The generals of brigades shall be appointed by the Governor, 
and shall hold their offices until removed by court martial or resigna- 
tion. On recommendation of the general of brigades, the Governor 
may appoint and commission the brigade staff as follows: Assistant 
Adjutant General, with rank of Lieutenant Colonel; Judge Advocate, 
with rank of Lieutenant Colonel; Assistant Inspector General, with rank 
of Lieutenant Colonel; Inspector of Rifle Practice, with rank of Lieu- 
tenant Colonel; Surgeon, with rank of Major; Quartermaster with rank 
of Captain; Commissary of Subsistence, with rank of Captain, and two 
(2) Aids de Camp, each with rank of First Lieutenant. 

"Sec. 6. A regiment of infantry shall consist of not less than eight (8) 
and not more than twelve (12) companies. A battalion shall consist of 
not less than two and not more than four companies. Each battalion 
shall be entitled to a Major, and two battalions, in addition, to a Lieuten- 
ant Colonel. The officers of a regiment shall consist of one Colonel, 
one Lieutenant Colonel, and one Major for each battalion; these 
officers to be elected by the line officers of the regiment. The regimen- 
tal staff shall consist of a Surgeon, with the rank of Major; Assistant 
Surgeon, with the rank of Captain; Inspector of Rifle Practice, with the 
rank of Captain; Chaplain, with the rank of Captain; Adjutant, with the 
rank of Captain; Quartermaster, with the rank of First Lieutenant, who 
may be appointed and commissioned by the Governor on recommenda- 
tion of the regimental commander. The staff of an independent 
battalion shall consist of the same officers, except Surgeon, and may be ap« 
pointed and commissioned on the recommendation of the battalion com- 
mander. The commander of a regiment or battalion shall appoint, by 
warrant, a Sergeant Major, Quartermaster Sergeant, Commissary Ser- 
geant, Hospital Steward, Color Sergeant, Ordnance Sergeant, Drum 
Major and two principal musicians, who shall constitute a non-commis- 
sioned staff. All field officers shall hold their offices for five years. The 



MILITARY CODE. 215 



commissions of all staff officers shall expire when the officer nominating 
them, or his successor, shall make new nominations to their respective 
office, and such nominations shall be confirmed by the Commander-in- 
Chief. A battalion of cavalry shall consist of not more than four and 
not less than two companies, of not less than fifty enlisted men in each 
company; and such battalion shall be entitled to a Major, and if over 
four companies should, at any time, be deemed necessary by the Gov- 
ernor, it shall be called a regiment and be entitled, also, to a Lieutenant 
Colonel, with the same staff officers as a battalion of infantry, with the 
addition of a Commissary, with the rank as First Lieutenant. The non- 
commissioned staff of a battalion of cavalry shall consist of a Sergeant 
Major, Quartermaster Sergeant, Commissary Sergeant, Hospital Steward, 
Color Sergeant, Chief Bugler, Farrier Sergeant and Saddler Sergeant, 
who shall be appointed in the same manner as provided for a battalion 
of infantry." 

"Sec. 8. A company of cavalry or artillery shall have, in addition to 
these non-commissioned officers, a Commissary Sergeant, a Quartermas- 
ter Sergeant, Farrier, Saddler, Blacksmith and Bugler: Provided, that 
a company of artillery, having more than two guns, shall be entitled to 
an additional Second Lieutenant." 

Article II. 

"Sec. 2. All meetings for the election of officers shall be ordered by the 
Commander-in-Chief. The orders therefor shall be addressed to an 
officer of his command to preside at such meeting, who shall, at leastone 
week previous thereto, send a notice thereof, by mail, to each person 
entitled to vote thereat. The voting shall be by ballot, and a majority 
of all votes cast shall be necessary to elect, and the result thereof shall 
be forthwith returned by the officer presiding, through the regimental or 
battalion commander, to the Adjutant General. If there shall be a 
failure to elect any officer at two meetings ordered therefor, the Com- 
mander-in-Chief may fill the vacancy by direct appointment. If the 
officer designated to preside at such meeting shall not appear thereat, the 
senior officer shall preside." 

"Sec. 5. Every officer, non-commissioned officer, musician and private, 
of the Illinois National Guard, shall be held to duty for the full term of 
three (3) years, unless regularly discharged by order of the Commander- 
in-Chief, or for expiration of term of service." 

Article IV. 

"Sec. ] . The commanding officer of each regiment, battalion, company, 
troop or battery, may order weekly evening drills. 

"Sec. 2. The Commander-in-Chief shall order a tour of camp duty of not 
less than six nor more than eight days annually." 

^ Article V. 

"Sec. 2. The Inspector General shall critically inspect, whenever di- 
rected by the Commander-in-Chief, every branch connected with the 
military service, including armories, arsenals and military storehouses ; 
and he shall report to general headquarters the improvement in disci- 
pline and tactical instruction of the Illinois National Guard." 



216 MILITARY CODE. 



Article VI. 

"Sec. 1. The General Inspector of Rifle Practice shall have charge of 
rifle practice throughout the State ; shall direct the manner in which 
the same shall be conducted. 

"Sec. 2. The brigade, regimental and battalion inspectors of rifle prac- 
tice shall perform such duties as may, from time to time, be prescribed 
by the General Inspector of Rifle Practice. 

"Sec. 3. Such inspectors of rifle practice shall be paid as hereinafter pre- 
scribed, the same as for camp duty, subject to the approval of the Com- 
mander-in-Chief. The expense of procuring and maintaining proper 
rifle ranges, procuring ammunition, the necessary printing, and all other 
things deemed proper for the promotion of rifle practice by the Illinois 
National Guard, shall be paid for from the military fund on bills of 
particulars approved by the Commander-in-Chief." 

Article VII. 

"Sec. 1. Courts martial for the trial of officers and enlisted men for 
offenses against the Military Code, breaches of discip'ine or any infringe- 
ments of the rules or customs of the service, will be ordered by the 
Commander-in-Chief whenever, and in such manner and form as may be 
deemed expedient or necessary, and all proceedings of courts martial 
must be forwarded to, and receive his approval before the sentences can 
go into effect." 

Article VIII. 

"Sec. 1. All officers and enlisted men of the Illinois National Guard 
shall receive, when in actual service for the suppression of riot and the 
enforcement of the laws, and when on duty under orders from the Com- 
mander-in-Chief, when it is so specified in said orders, the same pay pro- 
vided by law for officers and enlisted men of the United States army of 
like grade, for each day's service actually so performed; said payments to 
be made on rolls prescribed by the Adjutant General. 

" Sec. 2. The officers and enlisted men of the Illinois National Guard 
shall receive one dollar ($1) for each day's service, with transportation 
and necessary subsistence, at any encampment authorized by law, and in 
going to and returning from the same, and while under any orders of the 
Commander-in-Chief, or other proper authority, for the purposes and in 
the manner herein provided: Provided, nothing in this act shall be con- 
strued as to allow pay to officers or men for more than seven days during 
any one year, except during a time of riot, insurrection or invasion, or 
while on duty under orders from the Commander-in-Chief." 

Article X . 

"Sec. 1. That there be and is hereby appropriated, to pay the expenses 
of the Illinois National Guard, for the years ending July 1, 1886, and 
July 1. 1887, the sum of eighty thousand dollars ($80,000) per annum, 
and the further sum of eighty-five thousand dollars ($85,000) for uni- 
forms, equipments, permanent camp and rifle range. The Auditor of 
Public Accounts is hereby authorized and directed to draw his warrant 



MINES AND MINING. 



217 



on the State treasury for the amounts above set forth, upon the presen- 
tation of proper vouchers, certified to by the Adjutant General and ap- 
proved by the Governor." 

§ 2. That sections five (5), seven (7) and nine (9), of article seven 
(7), of said act, be numbered sections two (2), three (3) and four (4), of 
said article, respectively; and that section three (3) of article ten (10), 
of said act, be numbered section two (2), of said article; and that sec- 
tions one, two, three, four, six and eight, of article seven, acd section 
two of article ten, of said act, be, and the same are, hereby repealed. 

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

Approved June 26, 1885. 



MINES AND MINING. 



HEALTH AND SAFETY OF MINERS. 



§ 1. Amends the act of 1SV9 as amended 
1883, as follows: 

§ 3 By providing- for ladders or stair- 
ways and landing- places or hoisting' 
apparatus for escape, in case of 
danger. 

§ 4. By providing- additional ventilation. 



§ 11. By increasing term of inspectors 
from "one" to "two" years. 

§ 12. By making term of examiners "two" 
years and changes the date of 
annual meeting, and provides for 
acquiring right of way. 



An Act to amend sectio?is three, four, eleven and twelve of an act entitled 
"An act providing for the health and safety of persons employed in 
coed mines" approved May 28, 1879, in force July 1, 1879, as 
amended by acts approved June 18, 1883, and June 21, 1883, in force 
July I, 1883. 

Section 1. He it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That sections three, four, eleven and 
twelve of an act entitled "An act providing for the health and safety of 
persons employed in coal mines," approved May 28,1879, in force July 1, 
1879, as amended by acts approved June ]8. 1883, and June 21, 1883, in 
force July 1, 1883, be amended so as to read as follows : 

"Section 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 communication 
between each and every coal mine, and some other contiguous mine, then 
there shall be an escapement shaft or other communication, 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 



218 MINES AND MINING. 



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 rive feet wide, and in 
no instance shall the height of said roadway be less than the thickness 
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 (300) 
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 mines, 
while operating the same, shall keep open a roadway, at least .five 
feet high and five feet wide, thereby forming a communication, as con- 
templated 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 shall be equipped with stairways or ladders 
having landing places or platforms at least every twenty feet from the 
bottom to the top, or in lieu thereof such hoisting apparatus as will en- 
able trie employes in the mine to make safe and speedy exit in case of 
danger. 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 construct 
such an escapement shaft as is now required by law in this State, at the 
rate of two hundred feet per annum until such escapement shaft shall 
have been fully completed: And, provided, farther, 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. 1880. 

"Section 4. The owner, agent or operator of every coal mine, whether 
operated by shaft, slope or drift, shall provide and maintain in every 
such mine a good and sufficient amount of ventilation for such men and 
animals as may be employed therein, the amount of air in circulation to 
be in no case less than one hundred cubic feet for each man and six 
hundred cubic feet for each animal per minute, measured at the foot of 
the down-cast, and the same to be increased at the discretion of the in- 
spector, according to the character and extent of the workings, or the 
amount of powder used in blasting ; and said volume of air shall be forced 
and circulated to the face of every working place throughout the mine, 
so that said mine shall be free from standing powder smoke, and gases 
of every kind. In all mines where fire-damp is generated, every working 
place, where the same is known or thought to exist, shall be examined 
every morning with a safety lamp, by a competent person, before any 
other persons are a'lowed to enter, and wherever the inspector shall find 
men working without sufficient air, or under any unsafe condition, he 
may remove the same to other parts of the mine or from the mine 



mines asd mining. 219 



altogether. The ventilation required by this section may be produced by 
any suitable appliances, but in case a furnace shall be used for venti- 
lating 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 ventilatit g pur- 
poses, or for any other purpose, that shall emit smoke into any compart- 
ment constructed in, or adjoining any coal-hoisting 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 unlaw- 
ful, 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." 

"Section 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, Og'e, White- 
side, Lee, Rock Island, Henry, Bureau, Mercer, Stark, Putnam, Marshall, 
Henderson, Warren, Knox, Hancock, McDonough, 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, Montgomery, Christian, Fayette, Macon, Moultrie, Shelby, 
Effingham, Douglas, Coles, Cumberland, Jasper, Edgar, Clark, Crawford, 
Clay, Richland and Lawrence. The fifth district, the counties of St. 
Clair, Clinton, Washington, Marion, Jefferson, Wayne, Edwards, Wabash, 
Hamilton, White, Monroe, Randolph, Perry, Jackson, Franklin, William- 
son, 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 operators, 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 commis- 
sions shall be for the term of two years, 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 knowledge 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 proper 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 



220 MINES AND MINING. 



shall be provided by the State with the most approved modern instrv. 
merits for carrying out the intention of this act. The inspectors, befor 
assuming 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 ; 
bond to the State in the sum of five thousand dollars ($5,000), witl 
sureties to be approved by the Governor, conditioned upon the faithfu 
performance of their duties in every particular, as required by this act 
said bond, with the approval of the Governor endorsed thereon, togethe 
with the oath of office, shall be deposited with the Secretary of State 
The salaries of the inspectors, provided for by this act, shall be eighteei 
hundred dollars ($1,800) per annum, each, and the Auditor of Publi 
Accounts is hereby authorized to draw his warrant on the treasury ii 
their favor, quarterly, for the amount specified in this section for th< 
salary of each inspector: Provided, that the county board of any count] 
may appoint an assistant inspector for such county, who shall act unde: 
the direction .of the district inspector in the performance of his duties 
and shall receive not less than three dollai's ($3), nor more than fiv< 
dollars ($5) per day for the time actually employed, to be paid out of th< 
county treasury; and he may be removed by such county board at anj 
time. 

"Section 12. The inspectors provided for by this act shall devot( 
their whole time and attention to the duties of their office, and mak< 
personal examination of every mine within their respective districts, anc 
shall see that every necessary precaution is taken to insure the healtl 
and safety of the workmen employed in such mines, and that the pro 
visions and requirements of the mining laws of this State are faithfully 
observed and obeyed and the pena'ties of the same enforced. The] 
shall also make annual reports to the Bureau of Labor Statistics of thei: 
acts during the year in the discharge of their duties, with their recom 
mendations as to legislation necessary on the subject of mining, anc 
shall collect and tabulate upon blanks furnished by said Bureau all de 
sired statistics of the mines and miners within their districts, to aceom 
pany said annual report; they shall also furnish such information as thej 
may have obtained on this subject, when called for, to the State Geolo 
gist. Upon a petition signed by not less than three reputable coal op 
erators, or ten coal miners, setting forth that any inspector of coa 
mines neglects his duties, or that he is incompetent, or that he is guilt] 
of malfeasance in office, or guilty of any act tending to the injury o 
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 inspector to appear 
at no less than fifteen days' notice, on a day fixed, before them, whei 
the said Bureau shall proceed to inquire into and investigate the allega 
tions of the petitioners; and if the said Bureau find that the said in 
spector is neglectful of his duly, or that he is, by reason of causes tha 
existed before his appointment, or that have arisen since his appoint 
rnent, 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 in 
jury of miners or operators of mines, the said Bureau shall declare the 
office of inspector of the said district vacant, and a properly qualifiec 
person shall be appointed to fill the office in compliance with the pro 
visions of this act; and the cost of said investigation by the saic 
Bureau shall be borne by the removed inspector; but if the allegations 
of the petitioners are not sustained by the final decision of the said 



MIKES AND MINING. 221 



Sureau, the costs shall be paid by the petitioners. The board of ex- 
miners provided for in section eleven of this act shall be ap- 
ointed by the Bureau of Labor Statistics, and shall hold their 
ffices for two years. They shall meet annually at the State capi- 
al on the second Monday in September, and special meetings may be 
ailed at any time by the Bureau of Labor Statistics when the office of 
oal mine inspector becomes, from any cause, vacant. They shall re- 
eive as compensation the sum of three dollars (-$3) per day, each, for 
ime actually employed in the duties of their office, and actual travel- 
og expenses to be verified by affidavit: Provided, that io. no case shall 
he per diem received by any member of said board exceed the sum of 
hirty dollars ($30) per annum. The Auditor of Public Accounts is 
iereby authorized to draw his warrant in favor of each member of the 
>oard of examiners, at the close of their annual session, for the full 
.mount due them for attending annual and special sessions and expenses, 
:pon vouchers sworn to by them and approved by the secretary of the 
Jureau of Labor Statistics and the Governor: And, provided, further, 
hat when two or more coal mines are so located as to allow the said 
nines to be connected by permanent entries between, and the land or 
nining rights lying between such mines is owned by any person or per- 
ons with whom the owner or owners of said mine or mines are unable 
o agree for the purchase of the right of way for the connecting entry 
>r entries between such mines, and the right to maintain and use such 
sntry as a connecting entry, such owner or owners of any such coal 
nine or mines, or either of them, may acquire such right or title in the 
nanner that may be now or hereafter provided for by any law of eminent 
lomain." 

Approved June 30, 1885. 



WEIGHING COAL AT MINES. 



§ 4. Fixes penalties anl exempts certain 
mines. 

§ 2. Voidr contracts unless this act is 
complied with. 



1. Amends the act of act 1883 as follows: 

§ 2. Record of weights shall be kept; 
record open to inspection; affidavit 
of keeper of record. 

§ 3. Check weigher shall make affidavit; 
applies to all mines. 

A.N Act to amend sections two, three and four of an act entitled "An act 
to provide for the weighing of coal at the mines,'''' approved June 
14, 1883, in force July 1, 1883. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That sections two, three and four of 
m act entitled "An act to provide for the weighingof coal at the mines," 
ipproved June 14, 1883, in force July 1, 1883, be amended so as to read 
is follows: 

"Section 2. All coal produced in this S ate shall be weighed on the 
scales as above provided, and a correct record kept of same in a well 
bound book furnished by the owner, agent or operator of "such mine for 



222 MINES AND MIXING. 






that purpose, by a competent person, at the expense of such owner, agent 
or operator, said record to be subject to the inspection (at all reasonable 
busi ess hours) of the miner, operator, carrier, landowner, adjacent land 
owner, members of the Bureau of Labor Statistics, mine inspectors and- 
all others interested. The party weighing the coal and keeping such 
record shall be required, before entering upon his duties, to make and 
subscribe to an affidavit before some magistrate, or other officer author- 
ized to administer oaths under the statute, to accurately weigh and faith- 
fully keep a true record of all coal hoisted from such shaft; such affida- 
vit to be placed on file with the mine inspector of his county or district, 
and any one knowingly or wilfully disregarding such oath or affidavit 
shall be regarded as a perjurer and punished accordingly. 

"Section 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 ex-' 
pense, whose duty it shall be to balance said sca'es 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 such check-weigher shall be a citizen of 
the State and county wherein the mine is situated, and shall, before 
entering upon his duties, make and subscribe to an affidavit, same as set 
forth in section 2 of this act, and shall be subject to the same penalty. 
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 shall 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. 

" Section 4. Any person, owner or agent operating a coal mine or 
colliery 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 fined for the first offense not less than fifty 
(50) dollars; for the second offense not less than two hundred (200) 
dollars, and for the third offense not less than five hundred (500) dol- 
lars, or be imprisoned in the county jail not less than six months : 
Provided, that the provisions of this act shall apply only to coal mines 
doing business on, and shipping coal by railroad or by water." 

§ 2. That all contracts for the mining of coal, in which the weigh- 
ing of the coal as provided for in this act shall be dispensed with, 
shall be null and void. 

Approved June 29, 1885. 



MUNICIPAL BONDS. 



223 



MUNICIPAL BONDS. 



REFUNDING SURPLUS. 



5 1. 



§3. 



Bonds paid and canceled; balances re- 
funded. 

Bonds declared void by the courts; 
balances refunded. 

Balances refunded only upon authority 
of resolutions adopted by the proper 
authorities requesting- the Auditor to 
issue warrants therefor. 



M, 



Mandamus proceedings against 
Auditor in case of refusal to act. 



the 



§ 5. Emergency. 



An Act making provision for the refunding of surplus funds that are 
now, or hereafter may be, in the State treasury to the credit of the 
bond ftnds of counties, tovmships, cities, towns, ^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 can- 
celed, or when bonds purporting to have been issued by any county t 
township., city, toicn, school district, or other municipal corporation, 
and registered in the office of the Auditor aforesaid, shall be held void, 
or the law under which such bonds purport to have been issued shall be 
held void by the Supreme Court of this State or the Supreme Court 
of the United States. 

Section 1. He it-e?iacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That whenever all the bonds of any 
county, township, city, town, school district, or other municipal corpora- 
tion, that may have been registered in pursuance of law, in the office of 
the Auditor of Public Accounts, have been paid, and canceled upon the 
records of said Auditor, and there remains in the 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 copy 
of resolution as provided for in section three of this act, to draw his war- 
rant upon the State Treasurer for the amount of said balance, who is 
hereby authorized to pay the same out of the proper fund. 

§ 2. Whenever the Supreme Court of this State or the Supreme 
■Court of the United States shall hold any bonds void purporting to be 
issued by any county, township, city, town, school district or other 
municipal corporation, registered in pursuance of law in the office of the 
Auditor of Public Accounts, or whenever the act under which such 
bonds purport to have been issued shall be held to be void by the 
Supreme Court of this State or the Supreme Court of the United States, 
and there remains in the State treasury a balance of funds to the credit 
of the bond fund of such county, township, city, town, school district, or 
other municipal corporation purporting to have issued said bonds, and 
there are no other valid bonds issued by such county, township, city, 
town, school district or other municipal corporation, registered in the 
office of the Auditor of Public Accounts, in pursuance of law, to which 
said balance of funds may be applied, it shall be the duty of the Audi- 
tor, on receipt of a certified copy of resolution provided for in section 
three of this act, to draw his warrant upon the State Treasurer for the 
amount of said balance, who is hereby authorized pay the same out of the 
proper fund. 



224 PARKS. 



§ 3. Before any warrant shall be drawn on the State Treasurer, as 
provided in sections one and two of this act, for any balance to the 
credit of the bond fund of any county, township, city, town, school dis- 
trict or other municipal corporation to which such balance is due, such 
county, township, city, town, school district or other municipal corpora- 
tion shall, by its proper corporate authorities, pass a resolution request- 
ing the Auditor of Public Accounts to issue his warrant upon the State 
Treasurer for the amount of such balance, payable to the proper custo- 
dian of the funds of such count} r , township, city, town, school district, 
or other municipal corporation, which said resolution shall contain the 
name of such proper custodian, and a certified copy of the same shall be 
furnished said Auditor : Provided, that in towns under township organ- 
ization the board of town auditors is hereby authorized to pass the reso- 
lution herein provided for, and the Auditor of Public Accounts, upon 
receipt of a certified copy of such resolution, may draw his warrant on 
the State Treasurer for such balance in favor of the proper custodian of 
such fund. 

§ 4. In all cases where the Auditor of Public Accounts shall refuse 
to draw his warrant on the State Treasurer as provided in sections one 
and two of this act, the county, township, city, town, school district, or 
other municipal corporation, having funds to the credit of its bond fund 
in the State treasury, may, after serving said Auditor with a certified 
copy of resolution provided for in section three of this act, file its peti- 
tion in any court of competent jurisdiction for mandamus to compel said 
Auditor to draw his warrant on the State Treasurer for such balance, and 
such proceedings may thereupon be had and taken on such petition as is 
now provided or may hereafter be provided to be had and taken in pro- 
ceedings on petitions for mandamus under the laws of this State. 

§ 5. 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 stands, 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 10, 1885. 



PARKS. 



CONTROL OF BY COMMISSIONERS IIST CITIES, TJWNS AND VILLAGES. 



§ i. Cities, towns and villages may vest 
authority to control parks under this 
act. 

§ 5. Emergency. 



§ 1. Commissioners may take control of 
parks • in cities, towns and villages, 
under certain restrictions. 

§ 2. Defines the power of commissioners. 
§ 3. Reversion of parks to control of muni- 
cipal authorities. 

An Act entitled "An act to enable park commissioners having control of 
parks to take, regulate, control and improve parks now under the con- 
trol of incorporated cities, villages or toions." 

Section 1 . JBe it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That every board of public park com- 
missioners shall have the power to take under its control, and to regu- 
late, control and govern, in the same manner as it may govern other 



PARKS. 225 . 



parks or boulevards under its control, any public park now under the 
control or jurisdiction of any incorporated city, town or village: Pro- 
vided, that the park so taken sliall lie within the district or territory, 
the property of which shall be taxable for the maintenance of the parks 
or boulevards under the control of any such board of park commissioners: 
And, provided, further, that the consent of „the authorities of any city, 
town or village having control of the park so to be taken, and also the 
consent in writing of the owners of a majority of the frontage of the 
lots and lands abutting on the park so to be taken, shall be first obtained. 

§ 2. Such boards of park commissioners shall have the same power 
and control over the parks taken under this act as are, or may be, by 
law vested in them, of and concerning the parks, boulevards or drive- 
ways now under their control. 

§ 3. In case any such parks so to be taken shall pass from the control 
of any such park board, the power and authority over the same, granted 
or authorized by this act, shall revert to the proper authorities of such 
city, town or village, as the case may be, as aforesaid. 

§ 4. Any city, town or village in this State shall have full power and 
authority to vest an}*- such board of pubjic park commissioners with the 
right to control, improve and maintain any such park within the district 
over which such board of park commissioners has jurisdiction, for the 
purposes of carrying out" the provisions of this act, in accordance with 
its intent. 

§ 5. Whereas, public policy requires that, so far as practicable, there 
should be, within the jurisdiction of such park boards, but a single 
authority over the parks lying within such districts respectively ; there- 
fore, an emergency exists for the passage of this act, and the same shall 
take effect and be in force from and after its passage. 

Approved April 11, 1885. 



STREETS LEADING TO PARKS. 

§ 1. Amends section 1, act 1879, by omitting the proviso that streets only shall he taken 
forminar one continuous improvement. Amends section 2 by providing- for future 
maintenance and repairs. 

An Act to amend sections one (1) and two (2) of an act entitled "An act 
to enable park commissioners or corporate authorities to take, regulate, 
control and improve public streets leading to public parks, to pay for 
the improvement thereof, and in that behalf to make and collect a 
special assessment or special tax on contiguous property,"'' approved 
and in force April 9, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the G-eneral Assembly: That sections one (1) and two (2) of 
an act_ entitled "An act to enable park commissioners or corporate 
authorities to take, regulate, control and improve public streets leading 
to public parks, to pay for the improvement thereof, and in that behalf 
—15 



226 PARKS. 



to make and collect a special assessment or special tax on contiguous 
property," approved and in force April 9, 1879, be amended so as to 
read as follows, to wit: 

"Section 1. That every board of park commissioners sliall have power 
to connect any public park, boulevard or driveway under its control, 
with any part of any incorporated city, town or village, by selecting and 
taking any connecting street or streets or part thereof, leading to such 
park, and shall also have power to accept and add to any such park any 
street or part thereof which adjoins and runs parallel with any boundary 
line of 'the same: Provided, that the streets so selected and taken, so 
far as taken shall lie witbin the district or territory the property of 
which shall be taxable for the maintenance of such parks: And, provi- 
ded, further, that the consent of the corporate authorities having control 
of any such street or streets so far as selected and taken, and also the 
consent in writing of the owners of a majority of the frontage of the 
lots and lands abutting on such street or streets so far as taken, shall be 
first obtained. 

"Section 2. That such board of park commissioners or such corpor- 
ate authorities as are by law authorized to levy taxes or assessments for 
the maintenance of such parks, shall have power to improve, maintain 
and repair such street or streets in such manner as they may deem best ; 
and for that purpose they are hereby authorized to pay for the improve- 
ment thereof, and from time to time to levy or cause to be levied and 
collected a special tax or assessment on contiguous property abutting upon 
such street so improved, for a sum of money not exceeding the esti- 
mated cost of such improvement or improvements and for the future 
maintenance and repair thereof, as shall be ordered and estimated by 
such board of park commissioners. And to that end such board or cor- 
porate authorities shall have all the power and authority now or hereafter 
granted to them respectively relative to the levy, assessment and collec- 
tion of taxes or assessment for corporate purposes, and such special 
taxes or assessments as are hereby authorized may be divided into not 
exceeding four annual installments, bearing interest at the rate of six 
per cent, per annum from the date of confirmation until paid ; and the 
assessment or installments thereof shall be collected and enforced in the 
same manner as is provided by law for the collection and enforcement of 
other taxes or assessments, for or on account of such corporate bodies, 
or boards, as aforesaid, so far as the same are applicable." 

Approved June 27, 1885. 



TAXATION. 
§ 1. Park commissioners may levy one mill tax in addition to taxes now authorized. 

An Act to enable park commissioners to improve, govern and maintain 
the parks and boidevards under their control. 

Section 1 . JBe it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That every board of park commissioners, 



PENITENTIARIES. 227 



having a bonded indebtedness incurred by virtue of the laws of this 
State, which is unable, after paying the interest and yearly maturing 
bonds, to properly improve, govern and maintain the parks and boule- 
vards under its control, with the amount of money now authorized by 
law to be raised and set apart for that purpose, shall, in addition to the 
amount of money now authorized to be raised by taxation on the property 
embraced in its park district, be allowed a sum not exceeding one mill 
on each dollar of taxable property embraced in such park district, ac- 
cording to valuation of the same as made for the purpose of State and 
county taxation by the last assessment. And the officers authorized by law 
to assess taxes for park purposes, respectively, shall, on receiving a certifi- 
cate from such board of park commissioners that the amount mentioned 
in such certificate, not exceeding the amount aforesaid, is necessary for 
the proper improvement, government and maintenance of the park 
property under its control, assess the same upon the taxable property, 
embraced in said park district, the same as other park taxes are by law 
assessed, and the same shall be collected and paid over the same as 
other park taxes are now required by law to be collected and paid. 

Approved June 26, "1885. 



PENITENTIARIES. 



JOLIET PENITENTIARY. 



§ 1. Amends section 39, act 1871, by provid- I § 2. Emergency. 
ing that fees in suits for prosecution | 
shall be paid by the State. | 

An Act to amend section thirty-nine (39) of an act entitled "An act to 
provide for the management of the Illinois State Penitentiary at 
Joliet" approved June 16, 18*71, in force July 1, 1871. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That section thirty-nine (39) of an act 
entitled "An act to provide for the management of the Illinois State 
Penitentiary at Joliet," approved June 16, 1871, in force July 1, 1871, 
be amended to read as follows: 

"Section 39. The several courts of Will county having criminal juris- 
diction, shall take cognizance of all crimes committed within said peni- 
tentiary by the convicts therein confined, and said courts shall try and 
punish all such convicts charged with such crimes in the same manner 
and subject to the same rules and limitations as are now established by 
law in relation to other persons charged with crimes in said county; but 
in case of conviction, the sentence of said convict shall not commence to 
run until the expiration of the sentence under which he is then held in 
confinement in said penitentiary:^ Provided, that in case such convict 
shall be sentenced to punishment by death, such sentence shall be execu- 
ted at such time as the court shall fix, without regard to the sentence 
under which sueh convict may be held in the penitentiary: Provided, 



228 PENITENTIARIES. 



further, that all fees and costs arising from the prosecution of convicts 
for crimes committed in the penitentiary, which the county is now 
required to pay in like cases, shall be paid by the State. 

§ 2. Whereas an emergency exists, the bill shall take effect and be 
in force on and after it's passage. 

Approved June 29, 1885. 



SOUTHERN PENITENTIARY. 

§ 1. Adds section 15 to the act of 1877, concerning jurisdiction of crimes committed in the 

penitentiary. 

An Act to amend an act entitled " An act to locate, construct and carry 
on the Southern Illinois Penitentiary,'''' approved May 24, 1877, in 
force July 1, 1877. 

Section 1. He it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That "An act to locate, construct and 
carry on the Southern Illinois Penitentiaiy," approved May 24, 1877, in 
force July 1, 1877, be amended by the addition of a section, to be num- 
bered section 15, said section to read as follows: 

"Section 15. The several courts of Randolph county, having criminal 
jurisdiction, shall take cognizance of all crimes committed within the 
Southern Illinois Penitentiary by the convicts therein confined, and said 
courts shall try and punish all such convicts charged with such crimes, 
in the same manner and subject to the same rules and limitations as are 
now established by law in relation to other persons charged with crimes 
in said county, but, in case of conviction, the sentence of said convict 
shall not commence to run until the expiration of the sentence under 
which he is then held in confinement in said penitentiary: Provided, 
that in case such convict shall be sentenced to punishment by death, 
such sentence shall be executed at such time as the court shall fix, with- 
out regard to the sentence under which such convict may be held in said 
penitentiary: Provided, further, that all fees and costs arising from the 
prosecution of convicts for crimes committed in said penitentiary, which 
the county is now required to pay in like cases, shall be paid by the 
State." 

Approved June 29, 1885. 



PRACTICE — RAILROADS. 229 



PRACTICE. 



PEE BILL IN APPELLATE COURT. 



§ 1. Amends section 83, act 1872, by authorizing- the clerk of the Appellate Court to issu 
fee bills, in cases taken to Supreme Court and by that court reversed and remanded.. 

An Act to amend section eighty-three (83) of an act entitled u An act in 
regard to practice in courts of record" approved February 22, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That section eighty-three (83) of an act 
entitled "An act in regard to practice in courts of record," approved 
February 22, 1872, be amended so as to read as folows : 

"Section 83. When any cause or proceeding either at law or in chan- 
cery is remanded by the Supreme Court or Appellate Court, as the case 
may be, for a new trial or hearing by the court in which such cause was 
originally tried, the Supreme Court, or Appellate Court, as the case may 
be, shall issue its mandate reversing and remanding such cause directly 
to such trial court; and upon a transcript of the order of the Supreme 
Court, or Appellate Court, as the case may be, remanding the same, being 
filed in the court in which such cause was originally tried, and not less 
than ten days notice thereof being given to the adverse party or his 
attorney, the cause or proceeding shall be reinstated therein. In case of 
non-resident parties, or parties who cannot be found, so that personal 
notice cannot be served upon them, the notice may be given as in cases in 
chancery or as maybe directed by the court. In case of reversal and re- 
mandment by the Supreme Court of any cause removed thereto from 
the Appellate Court, upOn the filing in such Appellate Court of a cer- 
tificate of such reversal and remandment, the clerk of the Appellate 
Court shall have the right to issue a fee bill for all such costs as ac- 
crued in said Appellate Court and did not abide the final action in 
the Supreme Court." 

Approved June 27, 1885. 



RAILROADS. 



consolidation. 

§ 1. Extension of lines beyond the limits of I § 2. May borrow money, issue bonds, mort 
this State. g'ape property, increase capital stock; 

restrictions under this act; Illinois 
I Central charter. 

An Act to increase the powers of railroad corporations. 

Section 1. JBe it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That all railroad companies now organ- 
ized, or hereafter to be organized, under the laws of this State, which 



230 RAILROADS. 



now are, or hereafter may be, in possession of and operating in connec- 
tion with or extension of their own railway lines, any other railroad or 
railroads in this State, or in any other State or States, or owning and 
operating a railroad which connects at the boundary line of this State 
with a railroad in another State, are hereby authorized and empower d 
to purchase and hold in fee simple or otherwise, and to use and enjoy, 
the railway property, corporate rights and franchises of the company or 
companies owning such other road or roads, upon such terms and condi- 
tions 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 the respective corporations becoming parties to such purchase 
and sale; such approval may be given at any annual or special meeting, 
upon sixty days' notice being given to all shareholders, of the question 
to be acted on, by publication in some newspaper published in the 
county where the principal business office of the corporation is situated: 
.Provided, that notice of any special meeting called to act upon such 
question, shall be given to each shareholder whose postoffice address is 
known, by depositing in the postoffice, at least thirty days before the 
time appointed for such meeting, a notice properly addressed and 
stamped, signed by the secretary* of the company, stating the time, place 
and object of such meeting: And, provided, further, that no railroad 
corporation shall be permitted to purchase any railroad which is a paral- 
lel or competing line with any line owned or operated by such corpora- 
tion. 

§ 2. Any railroad company now organized or hereafter to be organized 
under the laws of this State, shall have power from time to time to bor- 
row such sums of money as may be necessary for the funding of its in- 
debtedness, paying for constructing, completing, improving or maintain- 
ing its lines of railroad, and to issue bonds therefor, and to mortgage its 
corporate property, rights, powers, privileges and franchises, including 
the right to be a corporation, to secure the payment of any debt con- 
tracted for such purposes; and to increase its capital stock to any amount 
required for the purposes aforesaid, not exceeding the cost of the roads 
and works owned or constructed and equipped by it, such increase of capi- 
tal stock to be made in such manner and in accordance with and subject 
to such regulations, preferences, privileges and conditions as the company 
at any general or special meeting of its shareholders, held at the time 
such creation of new shares may be authorized, shall think fit: Provided, 
that no stock or bonds shall be issued, except for money, labor or pro- 
perty actually received and applied to the purposes for which such cor- 
poration was created; nor shall the capital stock be increased for any 
purpose except upon giving sixty days' public notice in the manner pro- 
vided in the first section of this act: And, provided, further, that noth- 
ing contained in this act shall be held or construed to alter, modify, re- 
lease or impair the rights of this State as now reserved to it in any rail- 
road charter heretofore granted, or to affect in any way the rights or 
obligations of any railroad company derived from, or imposed by such 
charter: And, provided, further, that nothing herein contained shall be 
so construed as to authorize or permit the Illinois Central Railroad Com- 
pany to sell the railway constructed under its charter, approved Febru- 
ary 10th, 1851, or to mortgage the same, except subject to the rights of 
the State under its contract with said company, contained in its said char- 
ter, or to dissolve its corporate existence, or to relieve itself or its corporate 



RAILROADS. 231, 



property from its obligations to this State, under the provisions of 
said charter; nor shall anything herein contained be so construed, as to, 
in any manner, relieve or discharge any railroad company, organized 
under the laws of this State, from the duties or obligations imposed by 
virtue of any statute now in force or hereafter enacted: And, provided, 
further, that nothing in this act shall be so construed as to authorize any 
corporation, other than those organized in and under the laws of this 
State, to purchase or otherwise become the owner, owners, lessee or 
lessees of any railroad within this State. 

Approved June 30 s 1885. 



STOPS AT CROSSINGS AND BRIDGES. 

§ 1. Amends section 12 of the act of 1874 by requiring- trains approaching- crossing-s or draw- 
bridges to come to a fuli stop within 800 feet therefrom. Amends section 13 by providing- 
penalties for violation of the law, and fixing- the time when suits shall be brought; 
defines the scope of this act. 

An Act to amend sections twelve (12) and thirteen (13) of an act entitled 
"An act in relation to fencing and operating railroads" approved 
March SI, 1874. 

Section 1. Be it enacted by tJie People of the State of Illinois, repre- 
sented in the General Assembly : That sections twelve (12) and thirteen 
'(13) of an act entitled "An act in relation to fencing and operating rail- 
roads," approved March 31, 1874, be amended so as to read as follows: 

"Section 12. All trains running on any railroad in this State, when 
approaching a crossing with another railroad upon the same level, or 
when approaching a swing- or draw-bridge, in use as such, shall be 
brought to a full stop before reaching the same, and within eight hun- 
dred (800) feet therefrom, and the engineer or other person in charge of 
the engine attached to the train shall positively ascertain that the way 
is clear and that the train can safely resume its course before proceed- 
ing to pass the bridge or crossing. 

"Section 13. Every engineer or other person having charge of such 
engine, violating the provisions of the preceding section, shall be liable 
to a penalty of two hundred dollars for each offense, to be recovered in 
an action of debt in the name of the People of the State of Illinois, 
and the corporation on whose road such offense is committed shall be 
liable to a penalty of not exceeding two hundred dollars, to be recov- 
ered in like manner, the amount so recovered to be paid into the treasury 
of the county in which the offense occurs, but no recovery shall be had. 
in any case for any offense committed more than sixty days prior to the 
commencement of the action. The provisions of this and of the pre- 
ceding section shall extend to and govern all cases of neglect or failure 
to stop the train as required by law before passing any bridge or railroad 
crossing, whether occurring before or after the said provisions shall take 
effect, and no act or part of an act inconsistent with such operation and 
effect being given to this law shall in any way apply hereto." 

Approved June 19, 1885. 



232 RAILROADS. 



PUBLICATION OF SCHEDULES OF RATES. 

§ 1. Amends sections, act 1871, by abolishing the provision requiring schedules to be 
published in a newspaper in the city of Springfield. 

An Act to amend section 8 of an act entitled "An act to prevent extortion 
and unjust discrimination in the rates charged for the transportation 
of passengers and freights on railroads in this State, and to punish 
the same, and prescribe a mode of procedure and rules of evidence 
in relation thereto," and to repeal an act entitled "An act to prevent 
unjust discrimination and extortion in the rates to be charged by the 
different railroads in this State, for the transportation of freights on 
said roads," approved April 7,1871, approved May 2, 1873, in force 
July 1, 1873. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That section eight (8), of the above 
named act, be and the same is hereby amended, to read as follows : 

"Section 8. The Railroad and Warehouse Commissioners are hereby 
directed to make, for each of the railroad corporations doing business 
in this State, as soon as practicable, a schedule of reasonable maximum 
rates of charges for the transportation of passengers and freights and 
cars of each of said railroads ; and said schedule shall, in all suits 
brought against such railroad corporations wherein is in any way in- 
volved the charges of any such railroad corporation for the transporta- 
tion of any passenger or freight, or cars, or unjust discrimination in 
relation thereto, be deemed and taken in all courts of this State as 
prima facie evidence that the rates therein fixed are reasonable max- 
imum rates of charges for the transportation of passengers and freights 
and cars upon the railroads for which said schedules may have been 
respectively prepared. Said commissioners shall, from time to time, as 
often as circumstances may require, change and revise said schedules. 
When any schedule shall have been made or revised, as aforesaid, it 
shall be the duty of said commissioners to have the same printed by the 
State printer, under the contract governing the State printing, and said 
commissioners shall furnish two copies of such printed schedule to the 
president, general superintendent or receiver of each railroad company 
or corporation doing business in this State. All such schedules hereto- 
fore or hereafter made shall be received and held in all such suits as 
prima facie the schedules of said commissioners, without further proof 
than the production of the schedule desired to be used as ev dence, with 
a certificate of the Railroad and Warehouse Commissioners that the 
same is a true copy of a schedule prepared by them for the railroad 
company or corporation therein named." 

Approved June 30, 1885. 



REVENUE. 



233 



REVENUE. 



GENERAL LEVY FOR STATE PURPOSES. 



Computation of rates per cent; 
cei-tified to county clerks. 



rates 



§ 1. Revenue fund 1885, $2,000,000; school I § 3 
fund $1,000,000; revenue fund 1886, 
$1,500,000; school fund $1,000,000. | 

An Act to provide the necessary revenue for State purposes. < 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That there shall be raised by levying a 
tax, by valuation, upon the assessed taxable property of this State, the 
following sums for the purposes hereinafter set forth: For general 
State purposes, to be designated "Revenue Fund," the sum of two mil- 
lion dollars ($2,000,000) upon the assessed va'ue of property for the year 
1885, and the sum of one million five hundred thousand dollars ($1,500,- 
000) upon the assessed value of property for the year 1886. There shall 
also be raised, by levying a tax by valuation upon the assessed taxable 
property for the years A. D. 1885 and 1886, in this State, for State school 
purposes, to be designated "State School Fund," the following sums, to- 
wit: The sum of one million dollars ($1,000,000) for the year 1885, upon 
the assessed taxable property for the year 1885, and the sum of one 
million dollars ($1,000,000) for the year 1886, upon the assessed taxable 
property for the year 1886, in lieu of the two-mill tax. 

§ 2. The Governor and Auditor shall annually compute the separate 
rates per cent, required to produce not less than the above amounts, any- 
thing in any other act providing a different manner of ascertaining the 
amount of revenue required to be levied for State purposes to the contrary 
notwithstanding; and, when so ascertained, the Auditor shall certify to 
•the county clerks the proper rates per cent, therefor, and also such 
definite rates for other purposes as are now or may hereafter be provided 
by law, to be levied and collected as State taxes; and all laws and parts 
of laws in conflict with this act are hereby repealed. 

Approved June 27, 1885. 



LISTING LANDS AND LOTS. 



§1. 



Amends section 66, by providing- for 
listing- for drainage assessments. 



!. Amends section 77 by providing- for 
special assessments upon lands not 
listed by the assessor. 

An Act to amend section sixty-six (66), as heretofore amended, and section 
seventy-seven (77), of an act entitled "An act for the assessment of 
property, and for the levy and collection of taxes" approved March 
. 30, 18*72. 

Section 1. Beit enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That section sixty-six (66), as here- 
tofore amended, of an act entitled " An act for the assessment of prop- 
erty, and for the levy and collection of taxes," approved March 30, 1872, 
be and the same is hereby amended so as to read as follows: 



234 REVENUE. 



" Section 66. The county clerk shall make up for the several towns 
or districts in his county, in books to be provided for that purpose, the 
lists of lands and lots to be assessed for taxes. When a whole section,, 
half section, quarter section, or half-quarter section, belongs to one 
owner, it shall, at the request of the owner or his agent, be listed as one 
tract, and when all lots in the same block belong to one owner, they 
shall, at the request of the owner or his agent, be listed as a block. 
When several adjoining lots in the same block belong to the same owner 
they shall, at the request of the owner or his agent, be included in one 
description: Provided, that when any tract or parcel of real estate is 
situated in more than one town, or in more than one school, road or other 
district, or is situated and assessed in any drainage district, for drain- 
age purposes, the portion thereof in each town or district shall be listed 
separately; and the lands in any drainage district shall be listed, corres-. 
ponding, as near as may be, to the respective sub-divisions and descrip- 
tions in the latest assessment roll of such drainage district. Said clerk 
shall enter in the proper column, opposite the respective tracts or lots, 
the name of the owner thereof, so far as he shall be able to ascertain 
the same. Said books shall contain columns in which may be shown 
the number of acres or lots improved, and the value thereof; the num- 
ber of acres or lots not improved, and the value thereof; the total 
value; and such other columns as may be required." 

§ 2. That section seventy-seven (77) of an act to which this act is 
an amendment, be and the same is hereby amended so as to read as fol- 
lows: 

"Section 77. If the assessor finds that any real estate subject to tax- 
ation, or special assessment, has not been returned to him by the clerk, 
or if returned, has not been described in the sub-divisions, or manner 
required by section sixty-six of this act, he shall correct the return of 
the clerk; and shall list and assess such property in the manner re- 
quired by law." 

§ 3. Whereas an emergency exists, and this act shall take effect and 
be in force from and after its passage. 

Approved June 26, 1885. 



TAX DEEDS. 

§ 1. Amends section 224, act of 1872, as amended in 1879, by adding the proviso at the end 

of the section. 

An Act to amend section 224 of "An act concerning revenue" approved 
March 30, 1872, in force, July 1, 1872, as amended by act ap- 
proved May 31, 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 224 of an act entitled "An 
act concerning revenue," approved March 30, 1872, in force July 1, 1872, 
as amended by act approved May 31, 1879, in force July 1, 1879, be and 
the same is hereby amended so as to read as follows : 



REVENUE. 235' 



" Section 224. Deeds executed by the county o^rk, as aforesaid, shall 
be prima facie evidence, in all controversies and suits, in relation to the 
right of the purchaser, his heirs or assigns, to the real estate thereby 
conveyed, of the following facts : 

First — That the real estate conveyed was subject to taxation at the 
time the same was assessed, and had been listed and assessed in the time 
and manner required by law. 

Second — That the taxes or special assessments were not paid at any 
time before sale. 

Third — That the real estate conveyed had not been redeemed from 
the sale at the date of the deed. 

Fourth — That the real estate was advertised for sale in the manner 
and for the length of time required by law. 

Fifth — That the real estate was sold for taxes or specikl assessments, as 
stated in the deed. 

Sixth — That the grantee in the deed was the purchaser or assignee of 
the purchaser. 

Seventh — That the sale was conducted in the manner required by 
law. 

And any judgment for the sale of real estate for delinquent taxes, 
rendered after the passage of this act, except as otherwise provided in 
this section, shall estop all parties from raising any objections thereto, or 
to a tax title based thereon, which existed at or before the rendition of 
such judgment or decree, and could have been presented as a defense to- 
the application for such judgment in the court wherein the same was 
rendered; and as to all such questions, the judgment itself shall be con- 
clusive evidence of its regularity and validity in all collateral proceed- 
ings, except in cases where the tax or special assessments have been paid, 
or the real estate was not liable to the tax or assessment: Provided^ 
that any judgment or decree of court, setting aside any tax deed pro- 
cured under this act, shall provide that the claimant shall pay to the party 
holding such tax deed all taxes and legal costs, together with all penal- 
ties, as provided by law, as it shall appear the holder of such deed, or his 
assignors, shall have properly paid or be entitled to in procuring such 
deed, before such claimant shall have the benefits of such judgment or 
decree." 

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 7th day of July, A. D. 1885. 

HENRY D. DEMENT, 

Secretary of State. 



236 ROADS, HIGHWAYS AND BRIDGES. 



ROADS, HIGHWAYS AND BRIDGES. 



ROAD LABOR IN COUNTIES UNDER TOWNSHIP ORGANIZATION. 

§ 1. Amends section 80, act of 1883, by authorizing a vote to abolish the labor system in the 
same manner in which it was adopted. 

An Act to amend section eighty of an act entitled "An act in regard to 
roads, highways and bridges, [in counties'] under township organiza- 
tion, and to repeal parts of act therein named,' 1 '' approved June 23, 
1883, in force July 1, 1883. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That section eighty (80) of an act in re- 
lation to l'oads, highways and bridges, in counties under township organ- 
ization, in force July 1, 1883, be amended to read as follows: 

"Section 80. On petition of not less than twenty-five (25) 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 desired 
to vote thereon at a special town meeting, to be held on the last Tues- 
day in August, or not less than fifteen days before the annual town 
meeting, the town clerk shall thereupon call a special town meeting on 
the last Tuesday in August, or state in the notice of the annual town 
meeting, as the case may be, that 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 tax, then all the fol- 
lowing 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 affect the last section of 
this act, but the same shall remain in force : Provided, further, any 
town having adopted the labor system may abo'ish the same by petition 
and vote in the same manner as provided for its adoption in this section." 

Approved June 30, 1885. 



ROAD LABOR IN COUNTIES NOT UNDER TOWNSHIP ORGANIZATION. 
§ 1. Amends section 35 by providing- for making contracts ; commutation of labor. 

An Act to amend section 35 of an act entitled "An act in regard to 
gateways, roads and bridges, in counties not under township organiza- 
tion, 1 '' approved and in force April 18, 18*73, as amended by act ap- 
proved April 15, 1875, in force July 1, 1875. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That section 35 of an act entitled "An 



ROADS, HIGHWAYS AND BRIDGES. 237 



act in regard to gateways, roads and bridges, in counties not under town- 
ship organization," approved and in force April 18, 1873, as amended by 
an act approved April 15, 1875, in force July 1, 1875, be further amended 
to read as follows : 

"Section 35. The county court, county board of each and every county, 
in addition to the work required in the foregoing section (34), may, at 
the September term annually, assess a road tax of not more than twenty 
cents on each one hundred dollars' worth of taxable property, real and 
personal, or either, within their counties ; and a column in the tax book 
shall designate the amount of such road tax due from each person, from 
whom the same is to be collected, which road tax shall be collected by 
the collector, as other county revenue, and paid into the treasury in like 
manner ; and the county board shall appropriate the same on the roads 
and bridges within the road district from which such tax may be collected, 
or so much of it as the supervisors of such districts shall deem necessary 
to keep the roads and bridges of such road district in good repair ; and 
all overplus, if there be any, shall be paid into the county treasury, to 
be expended on roads and bridges within said county, as the county 
board may deem proper : Provided, that counties electing to work under 
the tax system in whole for road purposes, may levy a road tax not ex- 
ceeding forty cents on every one hundred dollars' worth of property, 
real or personal, as provided in section 30 of this act ; and in all such 
counties as may elect to work under the tax system in whole for road 
purposes, as aforesaid, it shall be lawful for the county board to let out 
all the work necessary to keep the roads and bridges of their respective 
counties in good repair in all, or a part of the road districts therein, as to 
the said county boards may seem proper and necessary; and the contracts 
for such work shall be let to the lowest responsible bidder or bidders, 
under sealed proposals, to be advertised for by the county boards, for 
four weeks successively, in some newspaper printed in the county, or if 
there be no newspaper printed in the county, then in the nearest news- 
paper to said county ; in which advertisements shall be set forth the 
location of the road or roads to be worked, the number of miles, kind of 
work to be done, and the bridges, if any, to built or repaired, and how 
constructed or repaired, and all other matters necessary to a correct 
judgment of the work to be done, the materials necessary for the same, 
and what it would be reasonably worth by the mile, or the whole 
distance; and which contracts may extend to the repair and construc- 
tion of said roads for not less than one nor more than three years. Said 
co'ntracts, when agreed upon, shall be reduced to writing and signed by 
the party or parties contracting, and the said county board, and the party 
or parties contracting to do said work, shall give bond for the faithful 
performance of their contract, and said contracts, when agreed upon, 
shall be good and available in law and spread at large upon the records 
of the county court. The road tax levied and collected in said counties, 
as aforesaid, shall be set apart as a road and bridge fund for the pay- 
ment of work and labor done and materials furnished under said con- 
tracts, for the construction and repair of all necessary roads and bridges 
in said counties : Provided, however, that the cost and expenses of all 
such work on roads and bridges, in any one year, shall not exceed the 
road tax levied in the county for that year : And, provided, also, that 
nothing herein contained shall be construed to repeal or in any manner 
affect section 34 of an act entitled "An act in regard to roads and 



23S 



SCHOOLS. 



bridges in counties not under township organization," approved April 
15, 1875, in force July 1, 18*75: Provided, that parties obliged to work 
out their poll tax according to said section 34, shall be compelled to do 
so during the months of May and June of each year : And, provided 
further, that a 1 ! persons residing in said counties, through whose lands 
said roads or any portion thereof may pass, may commute for their 
road tax in labor, upon so much of said roads as maybe laid out through 
their premises, in lieu of said tax, provided the same be kept propor- 
tionately in the same repair as other parts of said roads under contract: 
Provided, cdso, that the county board shall have the exclusive right to 
determine and adjust all commutation labor. 

Approved June 26, 1885. 



SCHOOLS. 



BOYS' TRAINING. 



§ 1. Anends sec. 3, act 1S83, by more fully Adds sec. 14— Courts committing boys may 

defining' what shall constitute a "de- order their discharge; may make or- 

pendent boy," within the meaning of ders g-enerally to ensure the benefits 

this act. of this act, and may send writs to any 

Amends sec. 5, by enabling thecourtto county in State; appeals, 
enter of record "consent" of parents 
or guardian. 

Amends sec. 9, by adding the words: "For 
each dependent hoy over 11 and under 
18 years, $6 per month," and pro- 
hibits commitment of any boy over 17 
years of age . 

An Act to amend sections three (3), five (5) and nine (9) of '" An act to 
provide for and aid training schools for boys,'''' approved June 18, 
1883, in force July 1, 1883, and to further amend said act by 
adding thereto a section to be numbered fourteen (14). 

Section 1 . Be it enacted by the Peoi^le of the State of Illinois, repre- 
sented in the General Assembly : That sections three (3), five (5) and nine 
(9) of an act entitled "An act to provide for and aid training schools for 
boys," be and are hereby amended to read as fo'lows; and that said act 
be and is hereby amended, by adding thereto the following section num- 
bered fourteen (14): 

"Section 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 following descrip- 
tions shall be considered a dependent boy, viz: Every boy who fre- 
quents any street, alley or other place for the purpose of begging or re- 
ceiving alms; every boy who shall have no permanent place of 
abode, proper parental care or guardianship; every boy who 
shall not have sufficient means of subsistence, or who from 
•other cause shall be a wanderer through streets and alleys, or other 



SCHOOLS. 239 



public places; and every boy who shall live with, or frequent the com- 
pany of, or consort with reputed thieves or other vicious persons. The 
petitioner 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 either that the parents or 
parent or guardian are or is not fit persons or person to have the custody 
of such boy, or that if fit, the father, mother or guardian consents or con- 
sent to the boy being found dependent. 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 contain- 
ed, and for the hearing of such petitions the county court shall be con- 
sidered always open." 

"Section 5. If the court finds as in the preceding section, it shall 
further order of record that such boy has no guardian, or that his guar- 
dian or parents or parent is or are not fit person or persons to have the 
custody of such boy, or that the parent, parents or guardian consent, 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 scoool for boys as herein 
provided." 

"Section 9. For the clothing, tuition, maintenance and care of de- 
pendent boys, the county from which they are sent shall pay to the train- 
ing school for boys to which they may be committed as follows: For 
each dependent boy under the age of ten yeai's, eight (8) dollars per 
month; for each dependent boy over ten and under fourteen years of 
age, seven (7) dollars per month; for each dependent boy over fourteen 
and under eighteen years of age, six (6) dollars per month; for each 
crippled and disabled boy of any age, nine (9) dollars per month: Pro- 
vided, that no boy shall be committed whose age shall be over seventeen 
years, 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: Provided, 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 
maintenance of said boy or boys." 

"Section 14. Thecourt committing any boy to a training school under 
the provisions of this act, shall have power, at any time after making such 
■commitment, upon proper showing, to order the discharge of the boy 
or his restoration to his parents. And shall also have power gen- 
erally to make all orders relative to boys committed by such court, in 
order to apply the benefits of this act to such boys; and for the purpose 



240 SCHOOLS. 



of reclaiming such boys, the court may send its writ to any county in this 
State. Appeals as in other cases shall be allowed from all final orders 
made by such court under this act." 

Approved June 23, 1885. 



COUNTY SUPERINTENDENTS. 

$L Amends sec 13, act 1873, by requiring | Amends sec. 71, by fixing salary and corn- 
county boards to furnish county missions, 
superintendents with an office, and ! 
supplies. I 
Amends sec. 20, by requiring county j 
superintendents to viiit schools in his 
county, and limiting the number of 
days charged for. 

An Act to amend sections thirteen (13), twenty (20) and seventy-one (71) 
of an act entitled "An act to establish and maintain a system of 
free schools" approved April 1, 1872, and in force July 1, 1872, 
and amended by an act approved June 3, 1879, in force July 1, 1879. 

Section 1. Beit enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections thirteen (13), twenty (20) 
and seventy-one (71) of an act entitled "An act to establish and maintain a 
system of free schools," approved April 1, J 872, and in force July 1, 
1872, and amended by an act approved June 3, 1879, in force July 1, 1879, 
be amended to read as follows: 

"Section 13. The said superintendent shall be liable to removal by 
the county board for any palpable violation of law or omission of duty; 
and if a majority of said board shall at any time be satisfied that his 
bond is insufficient, it sball be his duty, on notice, to execute a new bond, 
to be payable, conditioned and approved as the first bond, the execution 
of which shall not affect the old bond, or the liability of the security 
thereof; and when the office of county superintendent shall become 
vacant by death, resignation or otherwise, the county board shall fill the 
same by appointment, and the person so appointed shall hold his office 
until the next election of county officers, at which election the county 
board shall order the election of a successor. The county board shall 
provide for the county superintendent a suitable office with necessary 
furniture, and shall provide him with office supplies, as is done in the 
case of other county officers." 

"Section 20. The county superintendent shall visit each school in the 
county, at least once a year; and in the performance of this duty he shall 
spend at least half the time given to his office, and more if practicable, 
in visiting ungraded schools. In counties having not more than one 
hundred (100) schools the county board may limit the time of the county 
superintendent: Provided, that in counties having not more than fifty 
(50) schools the limit of time shall not be made less than one hundred 
and fifty (150) days a year; in counties having from fifty-one (51) to 
seventy-five (75) schools, not less than two hundred (200) days a year, 



SCHOOLS. 241 



and in counties having from seventy-six (76) to one hundred (100) 
schools, not less than two hundred and fifty (250) days a year. The 
county superintendent may, with the approval of the county board, em- 
ploy such assistant or assistants as he needs for the full discharge of his 
duties; such assistants shall be persons of good attainments, versed in the 
principles and methods of education, familiar with public school work 
and competent to visit schools. In visiting schools he shall note the 
methods of instruction, the branches taught, the text books used, and the 
discipline, government and general condition of the schools. He shall 
give such directions in the science, art and method of teaching as he 
may deem expedient and necessary, and shall be the official adviser and 
constant assistant of the school officers and teachers of his county, and 
shall faithfully carry out the advice and instruction of the State Superin- 
tendent. He shall encourage the formation and assist in the manage- 
ment of county teachers' institutes, and labor in every practicable way to 
elevate the standard of teaching and improve the condition of the com- 
mon schools of his county. In all controversies arising under the school 
law, the opinion and advice of the county superintendent shall first be 
sought, whence appeal may be taken to the State Superintendent upon 
a written statement of facts, certified by the county superintendent. He 
shall, at l«ast once each year, examine all books, accounts and vouchers of 
each township treasurer in his county; and if he find any irregularities 
in them, he shall at once report the same in writing to the board of 
trustees, whose duty it shall be to take, immediately, such action as the 
case demands. He shall also examine all notes, bonds and mortgages, 
and other evidences of indebtedness which the township treasurer holds 
officially; and if he find that the papers are not in proper form or that 
the securities are insufficient, he shall so state in writing to the board of 
trustees, whose duty it shall be to take at once such action as is neces- 
sary to save and protect the property of the districts and the township; 
and for a failure or refusal to take such action within twenty (20) days 
after such notice, the members of the board, each in his individual 
capacity, shall be liable to a fine of not less than twenty-five dollars ($25), 
nor more than one hundred dollars ($100), to be recovered before any 
justice of the peace on information in the name of the People of the 
State of Illinois, provided such insufficiency be proved, and when collec- 
ted, to be paid to the county superintendent of the proper county, for 
the use of the schools; and the payment of this fine shall not relieve the 
board of trustees from their liability under the seventy-third (73) section 
of this act." 

"Section 71. County superintendents elected hereafter shall receive, 
in full for all services rendered by them, commissions as follows: 
Three per cent, commissions upon the amount of sales of school lands, 
or of sa'es of land upon mortgage, or sales of real estate taken for 
debt, including all services therewith. Two per cent, commission upon 
all sums distributed, paid, or loaned out by them for the support of 
schools. For all other duties required by law to be performed by them, 
four dollars ($4.00) a day for such number of days as shall be spent in 
the actual performance of their duties, not exceeding the number fixed 
by the county boards in counties in which the boards are given power to 
fix the number of days by section (20) of this act, and one dollar ($1.00) 
a day for expenses for the number of days actually spent in school visita- 
tion. The assistants of the county superintendents shall receive such 
—10 



242 SCHOOLS. 



compensation as may be fixed by the county boards. The county super- 
intendents shall presenf, under oath or affirmation, their itemized bills 
for their per diem compensation and for the expenses allowed by this act 
when visiting schools, together with a report of all their acts and doings 
as such superintendent or assistant, including a list of such schools 
visited, with the dates of visitation, to the county board at their annual 
meeting in September, and as near quarterly thereafter as said board 
may have regular or special meetings, and after the bills have been 
audited by the county board, the county clerk shall certify to this upon 
the bills and transmit them to the Auditor of Public Accounts, who 
shall, upon receipt of them, remit in payment thereof to each superin- 
tendent his warrant upon the State Treasurer for the amount certified to 
be due him. And the Auditor, in making his warrant to any county for 
the amount due it from the State school fund, shall deduct from it the 
several amounts for which warrants have been issued to the county 
superintendent of said county since the next preceding apportionment of 
the State school fund." 



Approved June 26, 1885. 



ELECTING DIRECTORS AND BOARDS OF EDUCATION. 

<> 1. Provides that elections now fixed under special charters may be held at the time fixed in 

the general school law. 

An Act enabling school districts acting under special charters, to hold 
elections for the election of school directors, and members of boards 
of education, at the time provided for the election of school directors 
under the school laws of this State. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That, in all cases, where the time for 
the election of members of boards of directors and boards of education 
is fixed by virtue of any special charter, such election may be held at the 
time now provided, or which may hereafter be provided, for the election 
of school directors under the school laws of this State, and that such elec- 
tion may be held at such place in the school district as may be designated 
by the board of directors or board of education of such school district. 

Approved June 29, 1885. 



SCHOOLS. 243 



GIRLS' INDUSTRIAL. 



§ 1. Amends section 3, act 1S79, by more clearly denning the term "dependent" girl. 
Amends section 5 by providing for " consent " of parent or guardian in giving judg- 



ment. 



Amends section 9 by changing the item of expense to be paid for tuition, etc. 

An Act to amend sections three (3), Jive (5) and nine (9) of an act 
entitled "An act to aid industrial schools for girls" approved 
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 sections three (3), five (5), and 
nine (9), of an act entitled "An act to aid industrial schools for girls," 
be and is hereby amended to read as follows : 

"Section 3. Any responsible person, who is 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 female infant 
then within the county; and every female infant, who comes within any 
or either of the following descriptions, shall be considered a dependent girl, 
viz: Every female infant who begs or receives alms while actually selling 
or pretending to sell any article in public; or who frequents any street, 
alley or other place for the purpose of begging or receiving alms ; every 
female infant who shall have no permanent place of abode; or who shall 
not have proper parental care or guardianship; or who shall not have 
sufficient means of subsistence; or who from any cause shall be a wan- 
derer through streets and alleys or other public places; or who shall 
live with, or frequent the company of, or consort with, reputed thieves or 
other vicious persons; or who shall be found in a house of ill-fame, or in 
any prison or in a poor house. The petition shall also state the names, 
if known, of the father and mother of the infant, or the survivor; and 
if neither the father nor mother of the infant be living, or cannot be found 
in the county, or if their names cannot 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 girl, but shall also show, either 
that the parents or parent or guardian are or is not fit persons or person 
to have the custody of such girl, or that if fit the father, mother or 
guardian consents to the girl being found dependent. 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 girl named in the 
petition brought before him for the purpose of determining the applica- 
tion in said petition contained, and for the hearing of such petition the 
court having jurisdiction shall be considered always open." 

" Section 5. If the court finds as in the preceding section, it shall 
further order of record that such female infant has no guardian, or 
that her guardian or parents or parent is or are not fit to have the 
custody of such girl, or that the parents, parent or guardian consent to 
such finding, as the case maybe; and the court may thereupon appoint 
the president or any one of the vice-presidents of such industrial school 
the lawful guardian of such infant, and no bond shall be required of 
such guardian, and such guardian shall permit such infant to be placed 
under the care and in the custody of such industrial school for girls, 
as hereinafter provided." 



244 schools. 



" Section 9. It shall be the duty of the judge having jurisdiction 
to see that every dependent girl committed by him to an industrial 
school for girls, shall, at the time she is conveyed to the school, be fur- 
nished with three chemises, three pairs of woolen stockings, oue (l) 
pair of shoes, two woolen petticoats or skirts, three (3) good dresses, a. 
cloak or shawl and a suitable bonnet. The expense of said clothing 
shall be paid out of the count}' treasury upon the certificate of such 
judge. But if the dependent girl have a parent or guardian, the court 
shall render judgment against him for the amount to be paid the county 
for such clothing, together with the cost of collection; and if such ex- 
penses and cost of collection are recovered, the money shall be paid into 
the county treasury. For the tuition, maintenance and care of depend- 
ent girls, the county from which they are sent shall pay to the indus- 
trial school for girls, to which they may be committed, for each 
dependent girl under eighteen (18) years of age, the sum of ten 
dollars ($10) 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 industrial school for 
girls, on account of any dependent girl in the care thereof, who has 
been, by said school, put out to a trade or employment in the manner 
hereinafter provided." 

Approved June 26, 1885. 



LOANING FUNDS. 

§ 1. Amends section 57, by providing for I Amends section 58 to conform to sec- 

payment of interest "annually," in- tion 57. 

stead of ' 'half yearly in advance." | 

An Act to amend sections jiffy-seven and fifty-eight of an act entitled 
"An act to establish and maintain a system of free schools ," ap- 
proved April 1, 1872, and in force July 1, 1872, and amended by 
an act approved June 3, 1879, and in force Jidy 1, 1879, and further 
amended, by an act approved May 31, 1881, and in force July 1, 1881. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That sections fifty-seven and fifty-eight 
of an act entitled "An act to establish and maintain a system of free 
schools," approved April 1, 1872, and in force July 1, 1872, and amended 
by an act approved June 3, 1879, and in force July 1, 1879, and further 
amended by an act approved May 1, 1881, and in force July 1, 1881, be 
amended to read as follows : 

"Section 57. Township treasurers shall loan, upon the following con- 
ditions, all moneys which shall come to their hands by virtue of their 
office, except such as may be subject to distribution. The rate of in- 
terest shall not be less than six (6) per cent., nor more than eight (8) per 
cent, per annum, payable annually, the rate of interest to be determined 
by a majority of township trustees at any regular or special meeting of 
their board. No loans shall be made for less than six (6) months, or 
more than five (5) years. For all sums not exceeding one hundred 



SCHOOLS. 245 



{100) dollars loaned for not more than one (1) year, two (2) responsible 
sureties shall be given ; for all sums over one hundred (100) dollars, 
and for all loans for more than one (l) year, security shall be given by 
mortgage on real estate unincumbered, in value double the amount 
loaned, with a condition that in case additional security shall at any time 
be required, the same shall be given to the satisfaction of the board of 
trustees for the time being : Provided, that nothing herein shall pre- 
vent the loaning of township funds to boards of school directors, taking 
bonds therefor as provided in section forty-seven (47) of this act. 
Notes, bonds, mortgages and other securities taken for money or other 
property due or to become due to the board of trustees for the township, 
shall be payable to the said board by their corporate name, and in such 
name suits, actions and complaints and every description of legal pro- 
ceedings may be had for the recovery of money, the breach of contracts 
and for every legal liability which may at any time arise or exist, or 
upon which a right of action shall accrue to the use of this corporation : 
Provided, however, that notes, bonds, mortgages and other securities in 
which the name of the county superintendent or trustees of schools are in- 
serted, shall be valid to all intents and purposes ; and suit shall be 
brought in the name of the board of trustees as aforesaid. The wife 
of the mortgagor (if he has one) shall join in the mortgage given to 
secure the payment of money loaned by virtue of the provisions of this act. 
Where there is a surplus of funds in the treasurer's hands belonging to any 
school district, he may loan the same for the use and benefit of said dis- 
trict, upon the written request of the directors of said district, and not 
■otherwise ; and all such loans shall be on the same conditions as are pre- 
scribed in this section for loaning township funds. The township treas- 
urer shall, on or before the thirtieth day of September, annually, pre- 
pare and deliver to the county superintendent of his county a statement, 
verified by affidavit, showing the exact condition of the township funds. 
Said statement shall contain a description of the securities, bonds, 
mortgages and notes belonging to the township, giving names of securi- 
ties, dates, amounts of loans, rate of interest, when due, and all data by 
which a full understanding of the condition of the funds may be 
obtained. The county superintendent shall preserve said statement for 
the use of the township. 

"Section 58. Mortgages to secure the payment of money loaned under 
the provisions of this act may be in the following form, viz: 

I, A. B., of the county of and State of , do hereby grant, 

convey and transfer to the board of trustees of township , range , in tbe county 

of and State of Illinois, for the use of the inhabitants of said township, 

the following described real estate, to wit: (Here insert [description of] premises). Which 

real estate I declare to be in mortgage for the payment of dollars loaned to me 

and for the payment of all interest that may accrue thereon, to be computed at the rate of ... 
per cent, per annum until paid. And 1 do hereby covenant to pay the said sum of money 

in years from the date hereof and to pay the interest on the same annually at the 

rate aforesaid. I further covenant that I have a good and valid title to said estate and that 
the same is free from all incumbrance; and that I will pay all taxes and assessments which 
may be levied on said estate; and that I will give any additional security that may at any 
time be required in writing by said board of trustees, and if said estate be sold to pay said 
■debt, or any part thereof, or for any failure or refusal to comply with or perform the condi- 
tions or covenants herein contained, I will deliver immediate possession of the premises; 
and we A. B., andC, wife of A. B., hereby release all right to the said premises which we 
may have by virtue of any homestead laws of this State; and in consideration of the premi- 
ses, C, wife of A. B., doth hereby release to said board all her right and title of dower in the 
aforegranted premises for the purposes aforesaid. 

In testimony whereof we have hereunto set our hands and seals this day of 

, 18 

A. B. [SEAL,.] 

C. B. [SEAL.] 



246 schools. 



Which mortgage shall be acknowledged and recorded as required by- 
law for other conveyances of real estate, the mortgagor paying expenses 
of acknowledgment and recording." 

Approved June 30, 1885. 



RENTING LANDS. 

$ 1. Amends section 1, act 1877, by extending the time, for leasing from "two "to "five" 

years. 

An Act to amend section, one (1) of an act entitled "An act regulating 
the renting and scde of school lands" approved May 25, 1877, in 
force July 1, 1877. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That section one (l) of an act entitled 
"An act regulating the renting and sale of school lands," approved May 
25, 1877, in force July 1, 1S77, be and the same is hereby amended so as 
to read as follows : 

"Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: That it shall be lawful for the trustees of 
schools in townships in which section number sixteen (16), or any other 
lands in lieu thereof, remain unsold, or which has title to any other 
school lands whatsoever, to rent or lease the same for an annual rent, 
to be paid in money to the treasurer, by a written contract made by the 
president and secretary, under the directions of the board, with the 
lessee or lessees, which contract shall be filed with the records of the 
board, and a copy of the same transmitted to the county superintendent; 
and in case of any default in the payment of rent, the said board of 
trustees shall at once proceed to collect the same by distress or other- 
wise, as may be provided by law for the collection of rents by landlords. 
No lease taken under the provisions of this act shall be for a longer 
period than five years, except where such lands are leased for the pur- 
pose of having permanent improvements made thereon, as may be the 
case in cities and villages: Provided, that the provisions of this act shall 
not apply to cities having a population of over one hundred thousand 
(100,000) inhabitants." 

Approved June 29, 1885. 



STEAM ENGINES. 24*7 



SURPLUS FUNDS TO THE CREDIT OF TOWNSHIP BOND FUND. 

§ 1. Balance in hands of county collectors ! §2. Distribution of surplus after being paid 

and treasurers after payment of | into hands of treasurer, 

bonds, to be paid to school township I 
treasurers. 

An Act making provision for the refunding of surplus funds that are 
now, or hereafter may be in the hands of county collectors of taxes, or 
county treasurers, or ex-collectors, or ex-treasurers, to the credit of the 
bond fund of school townships when such bonds have been paid and 
canceled. 

Section 1 . Be it enacted by the Peop>le of the State of Illinois, repre- 
sented in the General Assembly: That whenever all the bonds of any 
school township have been paid and canceled upon the records of the 
school township treasurer, and there remains in the hands of the county 
collector of taxes, or any ex-county collector, or in the hands of the 
county treasurer, or ex-county treasurer, after said payment, any balance 
to the credit of the bond fund of such school township, it shall be the 
duty of, and such county collector or ex-county collector, county treas- 
urer, or ex-county treasurer, is hereby authorized to pay to the school 
township treasurer the balance of such funds in his hands, and the said 
school township treasurer shall give his receipt for the same. 

§ 2. At the first regular semi-annual meeting of the trustees of such 
township after the collection of such funds as mentioned in section one 
of this act, the said trustees shall distribute and apportion the same 
among the districts or fractions of districts of such township, and the 
school board or boards of incorporated cities or towns in such township, 
in proportion to the number of children under twenty-one (21) years of 
age in each. The funds thus apportioned shall be placed on the books 
of the treasurer to the credit of the respective districts, and the same 
shall be paid out by the treasurer on the legal orders of the directors of 
the proper districts, except such part of such fund as may be payable to 
the board or boards of education of incorporated cities or towns having a 
treasurer other than the township treasurer, which portion of such fund 
shall be paid by the township treasurer to the treasurer of such board of 
education. 

Approved June 23, 1885. 



STEAM ENGINES. 



ON PUBLIC HIGHWAYS. 



§ 1. Regulates the manner in which such 
engines shall be propelled upon the 
public highways and for the protec- 
tion of persons and property. 

§ 2. Prohibits the blowing of whistles on 
highways. 



§ 3. Protection of bridges and culverts in 
crossing. 

§ 4. Penalties for violation of this act, 



An Act to protect persons and property from danger from steam engines 

on public highways. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That it shall be the duty of persons 



248 SURVEYORS — COUNTY. 



in charge of any steam engine being propelled over the highways of 
this State wholly or in part by steam power, to stop said engine when- 
ever they meet any person or persons going in the opposite direction on 
said highway with horses or other animals, until said horses or other 
animals shall have passed by; and said engine shall be stopped when it 
is one hundred (100) yards distant from said horses or other animals, 
and sooner in case said horses or other animals become frightened at 
said engine before arriving at said distance. The owner or driver of 
said engine shall also keep a good, trusty man, not less than fifty (50) 
nor more than two hundred (200) yards in advance of said engine, to 
assist in controlling any horses or other animals being driven or used on 
said highway, until said horses or other animals sha'l have passedby said 
engine; and it shall be the duty of the man thus sent in advance to use 
all reasonable care and diligence to prevent the occurrence of any acci- 
dents which might result in case said horses or other animals become 
frightened at said steam engine. 

§ 2. It shall be unlawful for any person to blow the whistle of said 
engine, while on the public highway. 

§ 3. It shall be unlawful for any person to drive a steam engine over 
any bridge or culvert, on any public highway in this State, without using 
four sound, strong planks, each to be not less than twelve feet long, one 
foot wide and two inches thick; two of said planks to be kept continu- 
ously under the wheels of said engine while crossing said bridge or 
culvert. 

§ 4. Any owner of a steam engine, who by himself, agent or employe, 
violates the provisions of sections "one" or "two" of this act, shall be 
deemed guilty of a misdemeanor, and upon conviction thereof, shall, for 
each offense, be fined not less than ten dollars nor more than fifty dol- 
lars, to be recovered before any court of competent jurisdiction, and 
shall also be liable for all damages that may be sustained by persons or 
pre perty by reason of his failing to comp y with the provisions of this 
act; and for a violation of section three (3), of this act, the owner of 
said engine shall be liable for all damages resulting to said bridge or 
culvert by reason of his failure to comply with the requirements of said 
section, together with the costs of prosecution. 

ArrROVED June 26, 1885. 



SURVEYORS— COUNTY. 



RECORD OF SURVEYS. 

§ 1. Amends section 7, of the act of 1874, by prescribing the penalty for refusal or neglect 

to record surveys. 

An Act to amend section seven (7) of an act entitled "An act to revise the 
law in relation to county surveyors, and the custody of the United 
States field notes," approved March 2, 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 seven (7) of an act 



TOWNSHIP ORGANIZATION. 249 



entitled "An act to revise the law in relation to county surveyors, and 
the custody of the United States field notes," approved March 2, 1874, 
in force July 1, 1874, be and the same is hereby amended so as to read 
as follows: 

" Section 7. Every county surveyor shall be furnished by the county 
with a well bound book, in which he shall carefully and legibly record 
and note down every survey made by him, giving the date of the sur- 
vey, the name of the person whose land is surveyed, the metes aud 
bounds of the land as near as practicable, and the date [data] on which 
the survey was made. Such record shall be the property of the county, 
and shall be kept in the office of the recorder of the county, and shall 
be subject to the inspection of any person who may think himself in- 
terested; and a certified copy thereof under the hand of the recorder or 
sur.veyor, or successor in office, shall be prima facie evidence of the 
facts therein stated. Every county surveyor who shall refuse or neg- 
lect to record any survey made by him, within sixty days after such sur- 
vey is made as herein provided, shall forfeit and pay a penalty of one 
hundred dollars for each and every survey not thus recorded, to be re- 
covered by any person who will sue for the same; one-half to the use 
of the person suing, and one-half for the use of the county in which 
the failure so to record occurred; or the surveyor, for every such refusal 
or neglect to record a survey within sixty days after the same is made, 
shall be fined not less than fifty nor more than one hundred dollars, to 
be recovered as other fines by complaint, information or indictment, and 
when collected to be paid into the county treasury of the county in 
which the refusal or neglect occurred, to become part of the current 
revenue of the county." 

Approved June 4, 1885. 



TOWNSHIP ORGANIZATION. 



ELECTIONS. 

§ 1. Amends section 7, as amended by the act of 1877, by authorizing boards of trustees of 
incorporated towns and villages, to do what city councils may do in towns whose cor- 
porate limits are co-extensive with such incorporated towns or villages. 

An Act to amend an act approved and in force March 9, 1877, and 
which is entitled "An act to amend section seven of article seven of an 
act entitled 'An act to revise the law in relation to township organiza- 
tion] approved and in force March 4, 1874." 

Section i . He it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That the act approved and in force 
March 9, 1877, entitled "An act to amend section seven of article seven 
of an act entitled 'An act to revise the law in relation to township organiza- 
tion,' approved and in force March 4, 1874," be and the same is hereby 
amended so that the portion of said act, designated therein as section 7, 
shall be further so amended as to read as follows, to-wit : 



250 TOWNSHIP ORGANIZATION. 



" Section 7. The town shall supply a suitable ballot box or boxes, to 
be kept and used in like manner as ballot boxes in other elections. In 
incorporated towns, or incorporated villages whose limits are co-exten- 
sive with the limits of a town, or in any organized town where the 
number of voters at the last preceding general election exceeded three 
hundred, the county board may require one or more additional ballot 
boxes and places for the reception of votes to be provided, which places 
shall be selected with reference to the convenience of the electors of the 
town, and shall designate at which of said polling places the town clerk 
shall act as clerk of the election; and such polling place, when so desig- 
nated, shall be the place for transacting the miscellaneous business of 
the town. And when several places are so provided, the electors pres- 
ent shall choose from their number one assistant moderator and one 
assistant clerk for each additional baUotbox, to receive the votes therein, 
who shall take the same oath and be subject to the same penalties as the 
moderator and clerk, and shall be under the direction of the moderator. 
At the closing of the polls all the said ballot boxes shall be brought to- 
gether at the polling place where the town clerk acts as clerk of the elec- 
tion, and the votes sha 1 be canvassed at the same time and in the same 
manner, and return thereof made the same as if all the votes had been 
cast in the same ballot box. When there shall be more than one polling 
place designated in such towns, the general meeting for the transaction 
of business shall be held at the time hereafter mentioned, at the polling 
place where the town clerk acts as clerk of the election; or, if there be 
no town clerk, then at such place as shall be designated by the county 
clerk. And it shall be the duty of the town clerk, or, if there be no town 
clerk, it shall be the duty of the county .clerk to post up in three of the 
most public places in the town, a notice of each of the places in the 
town where the county board have directed and required the election to 
be held: Provided, however, that in towns which lie wholly within the 
limits of an incorporated city, and in any town whose territorial limits 
are co-extensive with the territorial limits of any incorporated city, vil- 
lage or incorporated town, the common council of such city, or the board 
of trustees of such village or incorporated town, shall divide such towns 
into election precincts, and designate the voting places in each precinct; 
and any elector in such towns shall be entitled to vote for town officers 
only in the precinct in which he may reside. The common council of 
such city, or the board of trustees of such village or incorporated town, 
shall also appoint three judges of election for each of such precincts, who 
may be the same persons as are appointed as judges for an election for 
city or village officers held on the same day. Such judges of election 
may choose two clerks of election for each precinct, and such judges and 
clerks shall take the oath of office now prescribed by the general election 
law of the State. The ballots cast at such election for town officers shall 
be deposited in a separate ballot box, and shall be counted and canvassed 
by the judges of election separately from any other ballots that may be 
cast at any other election that may be held on the same day. Said 
judges of election shall cause to be kept a separate poll list, which shall 
contain the names of all persons voting at such election for town officers, 
together with their residence. And immediately upon closing the polls 
they shall canvass the votes polled, in the manner provided by the gen- 
eral election law of the State, and make a written statement or certifi- 
cate of the number of votes cast at such election for each person voted 



TOWNSHIP ORGANIZATION. 251 



for, and the office for which such person received such votes; and shall, 
within forty-eight hours thereafter, cause such certificate and the poll 
list, together with the ballots cast at such election, to be separately 
sealed up and transmitted to the clerk of the town. The supervisor, to- 
gether with the assessor and collector, shall, within five days thereafter, 
meet and canvass said returns, and declare the result of said election. 
The town meetings to be held in such towns for the transaction of town 
business, as now provided by law, shall be held at two o'clock in the af- 
ternoon of said day, at such voting place in such town as the common 
council of s\ich city, or the board of trustees of such village or incorpo- 
rated town, may designate, at which meeting a moderator shall be chosen 
to preside by the electors present, and the town clerk shall act as clerk of 
said meeting, and keep a record of the proceedings thereof." 

Approved June 27, 1885. 



NEW TOWNS. 

§ 1. Amends section 26, act of 1874, by permitting towns to be formed of not less than ten 

miles square. 

An Act to amend section twenty-six of "An act to revise the law in rela- 
tion to township organization,''' approved and in force March 4, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That section twenty-six (26) of "An 
act to revise the law in relation to township organization," be amended 
to read as follows : 

"[Section 26.] The county board of each county shall have full and 
complete power and jurisdiction to alter the boundaries of towns, to 
change town lines, and to divide, enlarge, and to create new towns in their 
respective counties, to suit the convenience of the inhabitants residing 
therein, but no new town shall be created, under the provisions of this 
act, of less territory than ten square miles, nor unless there shall be at 
least fifty (50) legal voters residing in such new town, nor unless at least 
twenty (20) of the legal voters of such town shall petition for such alter- 
ation ; nor shall any new town be made, or any town divided, or the 
boundaries of any town chariged by the county board, without notice 
thereof having been given by posting up notices in not less than five 
(5) of the most public places of the town interested, or if several 
towns are interested, in each of them, at least sixty (60) days before the 
final action of the board, and ako by publishing such notice at least 
three times in some newspaper published in the county wherein said 
towns are situated, if any shall be published therein : Provided, that 
no incorporated town shall be divided, except consent thereto is given 
by a majority of all the electors voting at a general annual election in 
said town — notice that the question of dividing said town will be submit- 
ted to the legal voters thereof, having been given by the county clerk at 
the same time and in the same manner as the notice of said general 
annual election." 

Approved June 27, 1885. 



252 UNITED STATES — UNIVERSITIES. 



UNITED STATES. 



CEDING JURISDICTION TO LANDS. 

§ 1. Cedes jurisdition to lands in Spring- I § 2. Exempts such lands from taxation, 
field. I 

An Act in relation to the purchase of additional grounds by the United 
States, in the city of Springfield, and to cede jurisdiction over, and 
exempt the same from taxation. 

Whereas, the United States of America are about to purchase 
additional grounds for its public buildings, in the city of Springfield; 
therefore, 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That there be, and hereby is ceded and 
granted to the United States of America, jurisdiction upon and over all 
such grounds so pm*chased by and conveyed to the United States. 

§ 2. All such grounds from and after such purchase and conveyance 
shall be exempt from taxation under any law of this State, while the 
same remains the property of the United States. 

Approved May 12, 1885. 



UNIVERSITIES. 



. i 

ILLINOIS INDUSTRIAL-CHANGE OF NAME. 
§ I. Changes the name of the Illinois Industrial University to the "University of Illinois." 

An Act to change the name of the Illinois Industrial University. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That the Illinois Industrial University, 
located at Urbana, in Champaign county, shal 1 , after the passage of this 
act, be known as the University of Illinois, and under that name and title 
shall have, possess, be seized of, and exercise, all rights, privileges, 
franchises and estates which have hitherto belonged to, or may hereafter 
inure to the said Illinois Industrial University. 

Approved June 19, 1885. 



WAREHOUSES. 253 



WAREHOUSES. 



COMMITTEE OF APPEALS. 

§ 1. Amends see. 4, act of 1871, as amended, by providing- that said committee of appeals 
shall take an oath and give bond as grain inspectors; salaries shall be fixed by the 
Board of Railroad and Warehouse Commissioners. 

An Act to amend section four (4) of an act entitled "An act to amend 
an act entitled 'An act to regulate public warehotcses, and the icare- 
housing and inspection of grain, and to give effect to article thirteen 
(13) of the Constitution of the State,'' approved April 25, 1871, and 
in force July 1, 1871, and to establish a committee of appeals and 
prescribe their duties,'''' approved April 15, 1873, and in force Jxdy 
1, 1873; approved May 31, 1879, in force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That section four (4) of an act entitled 
'•'An act to amend an act entitled l An act to regulate public warehouses, 
and the warehousing and inspection of grain, and to give effect to arti- 
cle thirteen (13) of the Constitution of the State,' approved April 25, 
1871, and in force July 1, 1871, and to establish acomniittee of appeals 
and prescribe their duties," approved April 15, 1873, and in force July 1, 
1873; approved May 31, 1879, in force July 1, 1879, be amended so as 
to read as follows: 

"Section 4. The said committee of appeals shall, before entering up- 
on the duties of their office, take an oath, as in case of other inspectors 
of grain, and shall execute a bond in the penal sum of five thousand dol- 
lars, with like conditions as is provided in the case of other inspectors of 
grain, which said bonds shall be subject to the approval of the Board of 
Railroad and Warehouse Commissioners: It is further provided, that 
the salaries of said committee of appeals shall be fixed by the Board of 
Railroad and Warehouse Commissioners, and be paid from the inspec- 
tion fund, or by the party taking the appeal, under such rules as the com- 
mission shall prescribe; and all necessary expenses incurred in carrying 
out the provisions of this act, except as herein otherwise provided, shall 
be paid out of the funds collected for the inspection service, upon the 
order of the commissioners: Provided, that no person shall be appointed 
to serve on the committee of appeals who is a purchaser of, or a receiver 
of grain, or other articles to be passed upon by said committee." 

Approved June 26, 1885. 



254 JOINT RESOLUTIONS. 



JOINT RESOLUTIONS. 



SENATE. 



ADJOURNMENT-SINE DIE. 



Resolved by the Senate, the House of Representatives concurring herein, 
That when the two houses of the Thirty-fourth General Assembly ad- 
journ on Friday, the 26th day of June, 1885, they stand adjourned with- 
out day. 



ADJUTANT GENERAL'S REPORT— REPRINTING. 

Whereas, the edition of the report of the Adjutant General of the 
State of Illinois, published in 1867, containing a roster of the officers and 
men of the volunteer soldiers who served in the Illinois Regiments dur- 
ing the war of the Rebellion, has been exhausted for a number of years, 
and the volumes are now out of print and inaccessible by purchase or 
otherwise; and 

Whereas, the Department of Illinois, Grand Army of the Republic, 
an organization numbering over twenty thousand members, composed 
wholly of honorably discharged soldiers of the late war, at the annual 
encampment of the order, held at Peoria, in February last, adopted a 
resolution praying the General Assembly to have this report reprinted 
for the benefit of the old soldiers and their friends, at the expense of 
the State, and to make an appropriation for the proper preparation of 
said report for the press and the publication thereof ; and 

Whereas, it has been ascertained by inquiry of the custodian of the 
proper funds, that no increase in the regular appropriations heretofore 
made for binding and for paper and stationery will be necessary if the 
order for reprint be given; therefore 

Resolved by the Senate, the House of Representatives concurring herein, 
That the Adjutant General of the State be, and he is hereby, authorized and 
directed to properly prepare and furnish to the public printer, with as little 
delay as possible, the copy for printing, using slips from the present printed 
volumes, and making such corrections as may be necessary, incorporating 
therein such information as he may have received or be able to obtain 



JOINT RESOLUTIONS. 255 



from the War Department at Washington and from other sources of in 
formation, in order that the report so published shall present as true 
and correct history of each soldier's record as maybe possible to procure ; 
he shall also include the names of any individual soldier or bodies of 
troops called into the service of the State or National Government and 
not heretofore published, including sailors and marines ; he shall also 
correct and complete the regimental histories contained in the present 
report from such data as he may be able to procure from official or other 
reliable sources. If in his judgment matter now in the report can be 
omitted without detriment in any way, or doing any injustice to any 
one, and the omission of which will in no way diminish the value of the 
report, such matter may be omitted. 

Resolved, That upon notice from the Adjutant General that he is 
ready to furnish the copy as aforesaid, the Board of State Contracts shall 
order printed by the contractor for the State printing, and bound by the 
oontractor for the State binding, five thousand copies of said report, in set 
of volumes, in the same style of printing and binding as the edition 
of 1867. The printing shall be done at the contract price for the class 
to which such printing belongs. The binding shall be done by the 
public binder in the manner before prescribed, but the price per volume 
shall not exceed 25 cents. 

Resolved, That said report, when published, shall be distributed in 
the manner prescribed by law^ as follows : Two copies to the Head- 
quarters of the National Encampment of the Grand Army of the Re- 
public of the United States, for the use of the Commander-in-Chief and 
Adjutant General respectively ; two copies to each Department Head- 
quarters, for the use of the Department Commander and Assistant Ad- 
jutant General respectively ; one copy to each Post in the Department 
of Illinois Grand Army of the Republic, upon application of the Com- 
mander or Adjutant of the Post ; one copy to each State officer re- 
quired by law to reside at the capital ; five copies to each member of 
the 34th General Assembly and one copy to each elective officer 
thereof ; one copy to each library in the State ; one copy to the office 
of each County Clerk in this State ; one copy to the Adjutant General 
of the Army of the United States ; one copy to the library of Congress ; 
one copy to each of the offices of the Adjutants General of each State 
and Territory ; ten copies to the State Library of this State ; the remain- 
ing copies to be deposited in the office of the Adjutant General of 
Illinois for preservation and such judicious distribution as the demands 



of the future may develop. 



AGRICULTURAL STATISTICS. 

Whereas, it is important to secure the early publication of the infor- 
mation called for in an act entitled "An act to secure the collection and 
publication of agricultural and other statistics," approved and in force 
May 25, 1877 ; therefore, be it 

Resolved by the Senate, the House of Representatives concurring herein, 
That the Secretary of the State Board of Agriculture shall cause an 



256 JOINT RESOLUTIONS. 



abstract of the information called for in the above specified act, and 
such other statistical data as may be of special interest to the farmers 
of the State, to be presented to the Governor for publication, on the 
first day of January of each year, or as soon thereafter as practicable. 

Resolved, That the Commissioners of State Contracts have a suffi- 
cient number of the reports provided for in the foregoing resolution printed, 
in lieu of any other publication of the same matter, and bound in third 
class binding ; that each member of the General Assembly be supplied 
with ten copies (10 copies) thereof, and that one copy be sent to each of 
the following officers in the State : county judge, clerk, supervisor, town 
clerk, assessor, each agricultural and horticultural society and crop cor- 
respondent, and each college, seminary, or public library in the State, and 
that one (1) thousand copies be furnished the State Board of Agricul- 
ture for distribution. 

JResolved, That it shall be the duty of each assessor or deputy assessor 
to forward direct to the Secretary of the State Board of Agriculture, on 
or before the first day of July of each year, a duplicate of the abstract 
of their respective towns returned to the county clerk and provided for 
in an act entitled "An act to secure the collection and publication of 
agricultural and other statistics," approved and in force May 25, 1877. 



AMENDMENT TO THE CONSTITUTION. 

Resolved by the Senate, the House of Representatives concurring 
herein, That there be submitted to the people of the State of Illinois 
for their ratification, or rejection, at the next general election for mem- 
bers of the General Assembly, the following additional amendment to 
the Constitution: 

Resolved, That hereafter it shall be unlawful for the commissioners of 
any penitentiary, or other reformatory institution in the State of Illinois, 
to let by contract to any person, or persons, or corporations, the labor of 
any convict confined within said institution. 



BAKEWELL CLAIM. 

Whereas, the Thirty-third General Assembly of this State did 
adopt, June 18, 1883, a preamble and a resolution in the words and 
figures, to-wit: 

" 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 



JOINT RESOLUTIONS. 257 



meridian, as lies west of the State road, which is an extension of Main 
street in Bloomington, north; said forty acres to include said State road; 
and, 

Whereas, said conveyance was a conditional donation, dependent for 
its validity upon the performance of certain conditions, which condi- 
tions 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 possession and 
title to said land have been vested in the present State Board of Educa- 
tion, acting in behalf of the State, by reason of which change no pro- 
ceedings in law or equity can be brought against them; and 

Whereas, the statute of limitations bars the claim of said Bakewell 
before the Commission of Claims, leaving his only remedy or chance for 
justice in the hands of the General Assembly; therefore, be it 

Resolved by the Senate, the Souse 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;" and, 

Whereas, said State Board of Education and its president, at a reg- 
ular meeting of the Board held at Normal,, June 18, 1884, refused to 
execute said conveyance of said land as directed by the aforesaid reso- 
lution; therefore, be it 

Resolved by the Senate, the House of Representatives concurring herein, 
That the title to said forty acres of land above described, be and the 
same is hereby declared vested in Julia A. Bakewell, and said vesture 
of title to relate back to the date of the passage of the aforesaid resolu- 
tion. 



HENNEPIN CANAL. 

Whereas, the construction of the Hennepin Canal is now pending 
in Congress; therefore, 

Resolved by the Senate, tlie Mouse of Representatives concurring herein, 
That the General Assembly of the State of Illinois hereby again ex- 
presses its approval of this measure, and requests our Senators and 
Representatives to use their earnest efforts to secure its success. 

Resolved, That the Secretary of State is requested to forward a copy 
of the foregoing to each Senator and Representative in Congress from 
Illinois. 



lake superior ship canal. 



Whereas, the Senate of the United States did pass a resolution of the 
date of April 22d, A. D. 1884, instructing the Honorable Secretary of 
War to cause an inquiry to be made as to the cost of construction of the 
—17 



258 JOINT RESOLUTION?. 



Lake Superior Ship Canal and the Portage Lake Improvement Company 
Canal, and also inquire upon what terms said canals might he purchased 
by the United States, and made free water-ways to the commerce of the 
great Jakes; and 

Whereas, the Honorable Secretary of War designated Col. O. M. Poe, 
of the United States Army, to make such examination and report, in con- 
formity with said resolution; and 

Whereas, the Honorable Secretary of War did report, on or about 
January 5th, A. D. 18S5, that Col. Poe had made such examination, and, 
on whose report, did recommend that Congress take steps to purchase 
the same and make them free water-ways to the commerce of the 
lakes; and 

Whereas, the tolls collected by these canals are a serious burden to a 
numerous people and a very large industry embraced inside the limits of 
the territory supplied by these canals; and 

Whereas, these water-ways should be made free channels to the great 
traffic that is now springing up with Minnesota, Iowa, and the country 
along the Northern Pacific Railroad, that passes through Lake Superior, 
finding an outlet to the east and seaboard; and 

Whereas, the dangers of the navigation of Lake Superior may be 
greatly lessened by the improvement of this water-way, and make a safe 
shelter at a point were the dangers of this lake are the greatest, and 
most serious disasters have occurred; therefore, be it 

Resolved by the Senate of the State of Illinois, the House of Represen- 
tatives concurring, That our Senators and Representatives in Congress 
are hereby requested to use their best endeavors to secure such legisla- 
tion by Congress as will result in the United States acquiring the title to, 
and the ownership of the ship cana's connecting the waters of Keweenaw 
Bay, by way of Portage Lake, with the waters of Lake Superior, in the 
upper pennisula of Michigan, in accordance with the reportof the Honor- 
able Secretary of War, presented to the United States Senate on or 
about January 5th, A. D. 18S5, in reply to its resolution of April 22d, 
A. D. 1884, and making them free for the navigation and commerce of 
the great lakes. 

Resolved, That the Honorable Secretary of State is hereby requested to 
forward a copy of the foregoing preamble and resolutions to each of the 
Senators and Representatives in Congress from the State of Illinois. 



COMMISSIONER OF AGRICULTURE OF THE UNITED STATES. 

Resolved by the Senate, the House of Representatives concurring 
herein, That the Representatives and Senators in Congress from the 
State of Illinois be and they are hereby requested to use all honor- 
able means to secure the appointment of Hon. DeWitt Smith, of Bates, 
Illinois, as United States Commissioner of Agriculture. 



JOINT RESOLUTIONS. 259 



DRAINAGE LAWS— PRINTING IN PAMPHLET. 

Whereas, the levee law and the farm-drainage acts have been vitally- 
changed by the two laws on these subjects passed this session as House 
Bill No. 38b, and Senate Bill No. 343, and parties interested should have 
the means Of prompt information; therefore, 

Resolved by the Senate, the House concurring, That the. Secretary of 
State have printed two thousand copies of each of these acts, bound to- 
gether, and that he distribute them to the parties applying for the same. 



ELECTION LAWS— PRINTING IN PAMPHLET. 

Whereas, at the present session of this General Assembly several 
laws have been enacted which materially and radically change and add 
to the existing laws; and whereas, for the proper and intelligent enforce- 
ment of, and compliance with, such laws, it is necessary that the people 
should be supplied with copies thereof to the' end that they may at once 
be advised of such changes and additions to such laws ; therefore, be. it 

Hesolved by the Senate, the House of Representatives concurring herein, 
That the Secretary of State cause to be printed in pamphlet form, for 
general distribution, ten thousand copies of all election laws passed at 
this session, and that when so printed, said Secretary of State shall cause 
to be sent to the several county clerks of this State, such numbers of said 
pamphlets as said counties respectively are entitled to upon the basis of 
population; also, he shall send twenty copies to each member and officer 
of the present General Assembly. 



GOVERNOR'S MESSAGE-PRINTING. 



Resolved by the Senate, the House of Representatives concurring herein, 
That five thousand copies of the biennial message of ex-Governor John 
M. Hamilton, and the inaugural address of Governor Richard J. Oglesby, 
in one pamphlet, be printed for the use of the General Assembly. 



HAINES' TOWNSHIP ORGANIZATION LAWS, 

Resolved by the Senate, the House of Representatives concurring 
herein, That the Commissioners of State Contracts be and they are 
hereby authorized and directed to contract for and obtain such number 
of copies of a book commonly known as "Haines' Township Organiza- 
tion Laws," as shall be sufficient to supply seven copies to each organ- 
ized township in this State, in counties under township organization, for 



260 JOINT RESOLUTIONS. 



the use of the town officers thereof, and one copy for each justice of the 
peace in counties not under township organization, at the price of one 
dollar per copy; said book to contain the laws of Illinois on the subject 
embraced therein, in force July 1, 1885, the same to be of good paper, 
equal in quality to the best editions of said book heretofore published, 
and to be properly bound in a style satisfactory to said commissioners; 
said books to be distributed by the Secretary of State to the various 
counties in the State in the same manner as the session laws are distribu- 
ted, and furnished to the organized townships and justices of the peace 
as hereinbefore contemplated; the amount of the cost thereof to be paid 
out of the appropriation for printing and binding, or any other appro- 
priation made for that purpose: Provided, the amount shall not exceed 
ten thousand dollars (810,000.) 



OKLAHOMA LANDS. 

Whereas, there is a strife and a bitter feeling that is liable to result 
in a conflict of arms between the cattle-men and the people in that part of 
the Indian Nation, known as Oklahoma ; the cattle-men now having the 
possession of that country, and having fenced the same into large tracts 
for grazing purposes on the one hand, and the people who are seeking 
it for settlement and homes on the other ; and 

Whereas, the Creeks and other Indians did, by the treaty of 
1866, cede the Oklahoma country to the United States in trust; there- 
fore, be it 

Resolved by the Senate, the House of Representatives concurring herein, 
That our Senators and Representatives in Congress be requested to use 
their influence for such legislation as will open that country to settle- 
ment under the Homestead laws of Congress ; 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 reso- 
lution. 



HOUSE. 



AGRICULTURAL EXPERIMENT STATIONS. 

Whereas, the agricultural interests of our State, involving annual 
productions valued at over three hundred millions of dollars, demand the 
support of all means looking to the investigation of the laws of nature 
in their relation to agricultural production in its various branches; and, 

Whereas, the experience of other States and countries has proven 
that this can be done through the establishment of well equipped agri- 
cultural experiment stations; and 



JOINT RESOLUTIONS. 261 



Whereas, there exists within our borders a well equipped university 
under the direction of a corps of scientists, able and willing, with proper 
support, to prosecute such inquiry tending to the advancement of scien- 
tific and practical agriculture; and 

Whereas, a bill now pending in the National Congress, providing for 
the establishment of agricultural experiment stations in connection with 
the colleges established under the provisions of an act approved July 
second, eighteen hundred and sixty-two (1862), and of tbe acts supple- 
mentary thereto, has been favorably reported to the National House of 
Representatives; and 

Whereas, the provisions of the said act in no way conflict with the 
authority of the several States, and offer invaluable benefits to the 
agricultural interests of all the States; therefore, be it 

Resolved by the House of Representatives, the Senate concurring herein, 
That in order to secure the said benefits to the agriculturists of Illinois 
and stimulate and support the inquiries now in progress and projected 
under the care of the great University of the State, we hereby heartily 
approve the provisions of the said bill and earnestly urge upon our 
Representatives in Congress that they use every honorable means to 
effect its passage at the earliest possible date. 



ANIMAL INDUSTRY LAW OF UNITED STATES. 

Whereas, the Legislative Committee of the National Cattle Growers' 
Association of America have presented to Congress proposed amend- 
ments to the present Animal Industry Law, which amendments provide : 
First, for regulating expenditures under said law, and second, author- 
izing the President of the United States to quarantine certain States in 
which contagious pleuro-pneumonia among cattle now exists, and which 
said States have failed or refused to take the proper steps for suppressing 
said contagious disease ; and 

Whereas, the State of Illinois is peculiarly exposed to contagion by 
reason of the great traffic in cattle between the East and West, which 
passes through the Chicago Stock Yards ; therefore, be it 

Resolved by the' House of Representatives of the State of Illinois, the Senate 
concurring herein, That we freely and heartily approve the objects sought to 
be attained by said amendments, and that we urge upon our Representatives 
and Senators in Congress the importance of such legislation, and request 
that they will vote for said amendments and will use all honorable means 
to secure their passage. 

Resolved, That a copy of these resolutions be sent to each Representa- 
tive and Senator in Congress from the State of Illinois. 



ALIEN LAND OWNERS. 



Whereas, it is the first duty of governments to adopt such policies as 
will best promote the growth of national power and insure prosperity to 
the nation and its citizens; and, \ 



262 JOINT RESOLUTIONS. 



Whereas, one of the means necessary to secure these results perma- 
nently, is, that the lands of a nation should be owned and possessed by 
its citizens exclusively, that the income therefrom may be added to the 
aggregate wealth of the nation, and the comfort of its citizens; and 

Whereas, large amounts of the lands of the nation are now owned 
and controlled by the citizens of foreign nations, who owe no allegiance 
to our government, the incomes from such lands increasing the wealth 
of citizens of other nations, and the aggregate wealth of such foreign 
nations resulting in an equal loss to our citizens and nation; and. 

Whereas, the continuance of this evil will result in the introduction 
of foreign systems of landlordism, thereby oppressing the labor interests 
of our nation, and making the acquisition of homes by the poor more 
difficult, if not impossible; therefore, be it 

Resolved by the House of Representatives, the Senate concurring 
herein, That the ownership of lands within the limits of any State 
or Territory of the nation by aliens is an evil threatening the prosperity 
of the nation and vitally affecting the interests of the citizens, especially 
those who seek to secure homes on the public domain. 

Resolved, That our Senators and Representatives in Congress be and 
are hereby instructed to endeavor to have submitted to the States for 
their action thereon an amendment to the National Constitution pro- 
viding: That aliens shall not own, possess or control, either individu- 
ally or as a member of any company or corporation, any land or real 
estate, within the limits of any State or Territory of the nation; and 
for the equitable extinguishment of all title now held by aliens who 
shall continue to be such after the expiration of ten years after the 
adoption of such amendment: Providing that the stock of any transpor- 
tation or mining companies, where the amount of land owned and con- 
trolled by said company does not exceed the amount necessary for carry- 
ing on their legitimate business, shall be exempt from the provisions of 
such amendment. 

Resolved, That the Secretary of State be instructed to transmit a cer- 
tified copy of this preamble and resolution to each of our Senators and 
Representatives in Congress. 



APPELLATE COURT— RENTING ROOMS. 

Preamble and joint resolution providing for the appointment of a 
committee of five (5) to procure suitable rooms or apartments in the city 
of Chicago for the use of the judges of the Appellate Court of the First 
District of Illinois, in which to hold the sessions of their court. 

Whereas, the judges of the Appellate Court of the First District of 
Illinois need suitable rooms or apartments in the city of Chicago, Cook 
county, in which to hold the sessions of their court, library, and clerk's 
office, for the use of said court ; therefore 

Resolved by the House of Representatives, the Senate concurring herein, 
That a committee of five (5) be appointed, three (3) by the Speaker on 
the part of the House, and two (2) by the President of the Senate, on the 
part of the Senate, whose duty it shall be to procure, for the uses of the 



JOINT RESOLUTIONS. 263 



judges of the Appellate Court of the First District of Illinois, in the 
•city of Chicago, suitable rooms or apartments in which to hold the ses- 
sions of their court, library and clerk's office for said Appellate Court, 
and to provide and furnish the same with all necessary furniture, carpets, 
et cetera, for the use, convenience and accommodation of the judges 
thereof, and the people of the district, in the transaction of the business 
of said court. 



CANAL SCRIP-Dr.SPOSITION OF. 

Whereas, the vault room in the office of the Secretary of State is 
limited, and is being rapidly filled up with official files and records; and. 

Whereas, there is now stored in said vaults a large quantity of can- 
celed State bank notes, Canal scrip and bonds utterly worthless, ex- 
cept, perhaps, as relics of the o d Internal Improvement System and. 
State finpncial ventures; therefore, 

Resolved by the House, the Senate concurring herein, That there 
shall be appointed by the presiding officers, respectively, two members 
of the House and two members of the Senate, who, together with the 
Secretary of State, shall constitute a committee to examine said State 
papers and to make such disposition of them to relieve the sj^ace in the 
vaults, either by burning or otherwise, as the committee may deem 
best. The committee shall report its action to this General Assembly, 
which shall be made part of the record. 

The Senate adopted the following recommendation, which was con- 
curred in by the House: 

That a committee of five members be appointed, two from the Senate 
and two from the House, and the Secretary of State, which committee 
shall be instructed to cancel all such documents referred to in such res- 
olution as shall represent indebtedness, after which such documents 
shall be delivered to the " Chicago Historical Society, of the city of 
Chicago," or its representatives, taking the receipt of said society there- 
for, which receipt shall be filed in the office of the Secretary of State, 
and shall recite that such documents shall be subject to the order of the 
State of Illinois at any time. 



ELECTION RETURNS-CANVASS. 

Resolved by the House of Representatives, the Senate concurring herein, 
That the two houses meet in joint assembly in the hall of the House 
of Representatives, on Friday, the 30th day of January, 1885, at the 
hour of half past one o'clock P. M., for the purpose of canvassing the 
returns of election held on the 4th day of November, A. D. 1884, for 
State officers, as required by law. 



264 JOINT RESOLUTIONS. 



GENERAL U. S. GRANT ON RETIRED LIST. 

Whereas, the members of this General Assembly hail with supreme 
delight and satisfaction the just and noble action by the Congress of the 
United States, in the closing hours of the session, which did with such 
signal unanimity restore to and place upon the retired list of the Army, 
with the full rank and pay of General, that eminent citizen, splendid 
chieftain and distinguished patriot, Ulysses S. Grant; therefore, 

Resolved by the- House of Representatives of the State of Illinois, the 
Senate concurring herein, That the thanks and congratulations of this 
General Assembly are hereby tendered to the Senators and members of 
the 48th Congress and to President Arthur in according what the people 
of the -United States and the civilized nations of the world will recognize 
and esteem as an eminently just and fitting tribute to the military genius 
and worth of the greatest captain of ancient or modern times. 



VICTOR HUGO— DEATH. 

Whereas, we have learned with sincere regret of the loss sustained 
by our sister Republic of France, in the death of her illustrious son, 
Victor Hugo, alike eminent as poet, novelist, orator and patriot; there- 
fore, be it 

Resolved by the House of Representatives, the Senate concurring 
herein, That this General Assembly of the State of Illinois express 
sincere regret and deep sympathy with the people of France, in this their 
sad bereavement. 

Resolved, That as a further token of respect and esteem for the mem- 
ory of the deceased, this joint resolution be ordered spread upon the journal 
of each house and a copy thereof be forwarded to the President of the- 
Republic of France. 



LINCOLN MEMORIAL DAY. 

Whereas, Abraham Lincoln, by his life and work, has earned the 
gratitude of all men, and made a name for himself which all true Ameri- 
cans delight to honor; and 

Whereas, it is desired to, in an especial manner, fittingly observe the 
15th of April, the 20th anniversary of the death of the lamented presi- 
dent; and 

Whereas, the State of Illinois is desirous of assisting in those memo- 
rial services; therefore be it 

Resolved by the House of Representatives, the Senate concurring 
herein, That the Secretary of State be hereby authorized to procure suita- 
ble floral tributes, not to exceed in value $250, to appropriately deco- 
rate Memorial Hall and the statue and portrait of Lincoln in the State 
House, and also to assist in the decoration at the Lincoln Monument at 
Oak Ridge Cemetery. 



JOINT RESOLUTIONS. 265 



ROBERT E. LOGAN— DEATH. 

Whereas, the General Assembly has learned with great regret of the 
very sudden death of the Hon. Robert E. Logan, a member of the House 
of Representatives ; therefore, be it 

Resolved by the House of Representatives, the Senate concurring 
herein, That a joint committee consisting of two (2) Senators and three 
(3) Representatives, accompanied by the Doorkeeper of the House, be 
appointed to attend the funeral of the deceased. 



PLEURO-PNEUMONIA BILLS. 



Resolved by the House of Representatives, the Senate concurring 
herein, That a joint committee consisting of seven members, four to be 
appointed by the Speaker of the House, and three by the President of the 
Senate, be appointed to consider the Pleuro-pneumonia bills before the 
Senate and House. 



REVENUE LAW— REVISION. 

Whereas, there have been numerous petitions sent to this General 
Assembly from all parts of the State praying for the appointment of 
a commission to revise the "Revenue Law" of this State; and 

Whereas, there have been introduced into the Senate and this House, 
joint resolutions in accordance with the prayer of said petitions, which 
petitions and resolutions are now under consideration by the Senate and 
House committees on "Revenue;" therefore, be it 

Resolved by the House of Representatives, the Senate concurring 
herein, That the Revenue committees of the House and Senate be 
directed to consider said petitions and resolutions in joint session and 
make report thereon to each house of this General Assembly at as 
early a day as practicable. 



REVENUE— COMMISSION TO REVISE LAW. 

Whereas, the revenue laws of the State of Illinois have become 
wholly inadequate to guarantee equal and just taxition upon all the 
property of the State as required by the constitution, as the decrease of 
the assessed value of property year after year will show; and 

Whereas, great complaints are coming from the people that real 
estate is bearing its undue proportion of taxation, while other property 
and great interests, largely enjoying the protection of State and munici- 
pal government, unjustly escape their share of the burdens of such gov- 
ernment ; and 



■266 JOINT RESOLUTIONS. 



Whereas, the many attempts during the sessions of the General As- 
sembly to so amend and revise the revenue laws of the State as to secure a 
just assessment and collection of taxes, have signally failed ; therefore, 
be it 

Resolved by the House of Representatives of the State of Illinois, the 
Senate concurring herein, , That the Governor is hereby authorized 
and directed to appoint a committee of twelve men, an equal number of 
which shall be of the two leading political parties of the State, with 
authority to propose and frame a revenue code, which in their opinion 
and best judgment shall be of practical execution, and shall be just to 
all classes of property and in keeping with our complicated system of 
business, commerce, and individual or corporate avocations, and report 
the same to the next General Assembly of the State of Illinois. That 
«aid committee shall meet on the first Wednesday of September, A. D. 
1885, in the law library of the State Capitol at Springfield, and shall or- 
ganize by electing one of their number chairman, and one competent 
person as stenographer clerk, and the adoption of such rules and modes 
of procedure as the committee shall determine. 

That on or before the first day of March, A. D. 1886, said committee 
shall furnish to the Secretary of State a true copy of their report, which 
the Secretary shad at once cause to be printed and formulated in pursu- 
ance of the law in such case provided ;one hundred (100) copies to be fur- 
nished each Senator and Representative of the Thirty-fourth General 
Assemb y, to be by themcircu ated throughout their respective districts, 
and a sufficient number to each of the county clerks of the State to 
furnish One copy to each county officer and to each revenue officer within 
their respective counties, one copy to every newspaper in the State, and 
one hundred (100) copies to each member of said committee, and one 
copy to each member and officer of the Thirty-fifth General Assembly. 
Each member of said committee shall receive for his services and en- 
tire expenses, ten dollars ($10) per day for every day employed, not to 
•exceed ninety (90), and the said clerk shall receive six dollars ($6) per 
day for every day employed by said committee. 

The Auditor shall draw his warrants upon the Treasurer, upon the 
order of the chairman of said committee, for the payment of all moneys 
herein provided for, which shall be paid out of any money appropriated 
by law for such purposes. 

Said commission shall have power to send for persons and papers and 
take such testimony as they may deem proper, and the Secretary of 
State shall furnish said committee with all necessary stationery. 



J. HENRY SHAW-DEATH. 

Whereas, it has come to the knowledge of this House that death has 
again invaded its ranks, and removed on yesterday from our midst one 
of its members, Hon. J. Henry Shaw; therefore, be it 

Resolved by the House of Representatives, the Senate concurring therein, 
That a committee of five, consisting of three members of the House and 



JOINT KESOLUTIONS. 267 



two from the Senate, be appointed to accompany the remains of the de- 
ceased to their last resting place. 

-Resolved, That the Doorkeeper of the House be authorized to accom- 
pany said committee. 



STATE TKEASURY— EXAMINATION. 

Whereas, many appropriation bills are now being considered by this 
General Assembly, upon which members cannot act advisedly without 
further information; therefore, be it 

Resolved by the House of Representatives, the Senate concurring herein, 
That the finance committees of the House and Senate be and they are 
hereby instructed to ascertain and report as soon as practicable: 

1. The amount of money in the State treasury, and the condition, as 
to security of the vaults and safes of the treasury. 

2. The unexpended balances of existing appropriations. 

3. An estimate of the probable amount of money required for all State 
purposes during the two years commencing July 1, 1885. 

4. 1 he estimated amount of State revenue to come into the treasury 
before the end of the current fiscal year. 



EX-GSOVERNOR JOHN WOOD-STATUE. 

Whereas, a committee of the citizens of the city of Quincy offer to 
donate to the State a plaster cast statue of the late Governor John Wood; 
be it 

Resolved by the House of Rejyresentcttives, the Senate concurring herein, 
That the Secretary of State be and is hereby authorized to accept the 
same, and to expend such sum, not to exceed two hundred and fifty dollars, 
as may be required to put it in perfect order, and place it upon a suitable 
pedestal in the hall of the capitol. 



268 CERTIFICATE. 



United States of America, I 
State of Illinois. f 

Executive Department, 

Office of Secretary of State. 

1, He sry D. Dement, Secretary of State of the State of Illinois, do hereby certify that 

the foregoing- Acts and Joint Resolutions of the Thirty-fourth General Assembly of the State 

of Illinois, are true and correct copies of said acts and resolutions filed in the office of the 

Secretary of State, with the exception of words or letters printed in brackets, thus [ ] . 

In witness whereof, I have hereto set my hand and affixed the great seal of State, at 
the city of Spring-field, this first day of August, A. D. 1885. 

HENRY D. DEMENT, 
[L. S.] Secretary of State. 



INDEX TO LAWS. 



PAGE. 

ADJUTANT-GENERAL . 

Appropriations : 

Clerk hire, office expenses, memor- 
ial hall, etc (11) 47 

Paving arsenal property, (42) 53 

Preparing 1 , copy tor reprint ot re- 
port (4054) 53 

Reprinting- report (19) 49 

Duties defined, salary (54) 213 

AGRICULTURE: 

Appropriation, State and county boards 4 
Fertilizers, State board investigate 
frauds in manufacturing 197 

ALLEN, WILLIAM: 

Appropriation to the heirs of 6 

AMIMALS. 

COWTAGION : 

Act revised and amended... 1 

Appropriations to prevent (41) 53 

Cruelty to, act to prevent, amended 4 

APPROPRIATIONS. 

Adjutant-General : 

Clerk hire, office expenses, memor- 
ial hall, etc. (11) 47 

Preparing copy for reprint of re- 

port(40V») 52 

Reprinting report (19) 49 

Agricultural Boards 4 

Allen, William, to toe heirs of 6 

Animals slaughtered to prevent con- 
tagion (41) 53 

Attorney-General : 

Clerk hire, office expenses, etc. (10). 47 

Office expenses, deficiency 43 

Auditor, clerk hire, office expen's etc. (7) 46 

Binding, public (19) 49 

Boards— State : 

Equalization (28) 43, 51 

Fish Commissioners (37) 52 

Health (33) 51 

Labor Statistics (36) 52 

Public Charities (12) 48 

Burred, Henry 6 

Canal, Illinois and Michigan 7 

Charitable Institutions, State; 

Blind 9 

Deaf and Dumb 10 

Eye and Ear Infirmary 14 

Feeble Minded Children 8 

Hospitals for the Insane. 

Central 9,10 

Eastern . 12, 13 



page. 
APPROPRTATIONS-Ccmtimied 

Northern 15 

Southern 20 

Soldiers' and Sailors' Home...... 16 

Soldiers' Orphans' Home 15 

Conveying convicts to penitentiary (14). 48 

Copying contracts (26) 50 

Courts : 

Appellate (10) 48 

Supreme (18) ' 48 

Dairymen's association 21 

Deaf and Dumb school, Chicago 10 

Documents, distribution (26; 50 

Educational Institutions: 

Normal University at Normal 22 

Southern Normal University.. 24,25 

State Laboratory of Natural History 23 

University of Illinois 27 

Entomologist, State. 23 

Executive mansion, repairs and im- 
provements 31 

Fugitives from justice (15) 48 

Gardner, William H 6 

General Assembly: 

Committee expenses 34th (43) 53 

Committee expenses 35th (40) 52 

Employes, deficiency 29 

Employes 35th (25) 51 

Incidental expenses 29 

Geological Survey, 8th Vol 30 

Governor, clerk hire, office, mansion, 

etc. (1,5) 46 

Hamilton, John M., portrait (38) 52 

Hardin county 30 

Heating department of the State House 

(27,32) 50,51 

Hill, WilliamG 31 

Horticultural Society 32 

Interest on school fund (20) 49 

Janitors and watchmen of the State 

House (22) 50 

Juvenile offenders, conveying to Re- 
form School (16) 48 

Labor Statistics, Bureau of (36) 53 

Library, State (34) 52 

Lieutenant Governor, postage and sta- 
tionery (39) 52 

Lighting State House (27). 50 

Live Stock Commissioners (§9) 3 

McKee, George 32 

Museum of Natural History (23) 50 

National Guard, article 10, (§1) 216 

National Guard, sale of arms, etc 33 

New Orleans exhibit 33,34 

Paving arsenal property (42) 53 

Paving, 'sidewalks and curbing Execu- 
tive mansion 35 

Penal and Reformatory Institutions: 

Penitentiaries, Joliet 36, 37, 51 

' Penitentiaries, Southern 38,39,51 

Reform School 39 



II 



INDEX. 



PAGE. 
APPROPRIATIONS— Continued. 

Paper and stationery (17) - - - -18 

Printing, pub, ic (19) , 49 

Ragsdale, Thomas A 40 

Raih-O'Kl and Warehouse Commission- 
ers (24) 50 

Ralph, William J 41 

Reports of Supreme Court (81) .• 31 

Revenue Commission (30 l A) 51 

Rewards for fugitives (15) 48 

School fund (35). 52 

Secretary of State, clerk hire, office, 

etc. (6) 46 

Shawneetown 41 

Snow, Kictiard A .- 42 

State LJoai d of Equalization (28) 43, 51 

State Government: 

General Assembly, 35th 43 

Ordinary and contingent expense. .43,44 
State officers 43 

State House: 

Care of and for repairs (6) 46 

Completion 53 

State suits (13) 48 

Superintendent of Public Instruction, 

clerk hire, office, etc. (9) 47 

Taxes pud in error, to refund (21) 50 

Treasurer of State, clerk hire, office, 

watchmen, etc . (8) 47 

White, Hiram W 54 

Woman's Hospital, Chicago 20 

ATTORNEY-GENERAL: 

Appropriations, clerk hire, office 
expenses, etc (10) 43, 47 

AUDITOR : 

Appropriations, clerk hire, office 
expenses, etc. (7). 46 

Insurance Department, report of 
expenses (7) 47 

Municipal bonds, refunding surplus 
funds j 223 

BINDING— PUBLIC : 

Appropriations (19) 49 

BOARDS— STATE. 

Appropriations : 

Agriculture 4 

Equalization (28) 51 

Fish Commissioners (39) 52 

Health (33) , 51 

Labor Statistics (36) 52 

Public Char. ties, salaries and clerk 

hire (12) 48 

Live Stock Commissioners, appoint- 
ment 1 

BONDS-MUNICIPAL : 

Surplus in State Treasury, refund- 
ing 223 

BUILDINGS: 

Eire escapes 201 

BURGLARY: 

Act of 1874, section 36 amended 73 

CANADA THISTLES: 

Act concerning, amended 55 



PAGE. 

CANAL— Illinois and Michigan : 

Appropriations 7 

CANNED GOODS: 

Food, labeling 207 

CEMETERIES: 

Protection, regulation and manage- 
ment ;. .. 57 

CHARITABLE INSTITUTIONS-STATE. 
Appropriations : 

Blind 9 

Deaf and Dumb 10 

Eye and Ear Infirmary 14 

Feeble minded Children. 8 

Hospitals for the Insane : 

Central ' 910 

Eastern 13 

Northern 15 

Southern 20 

Soldiers' Orphans'Home 15 

Soldiers' and Sailors' Home 16 

CITIES TOWNS AND VILLAGES: 

Appropriations : 

Chicago Woman's Hospital 20 

Shawneetown 41 

Drainage by special assessments 60 

Election, regulation 139. 

Election of town officers in certain 
cases 249 

Incorporating under general law, 
filing returns 61 

Officers of towns or villages, com- 
pensation 58 

Real estate held for school pur- 
poses 59 

Special assessments, section 27, 
article 9, amended 62 

Special assessments, sections 35, 
and 37, article 9, amended 63 

Springfield, jurisdiction to land 
ceded to U. S 252 

Taxes illegally collected, refund- 
ing : 6i 

Water supply, act 1872, amended.... 64 

CIVIL RIGHTS: 

Protection. 64 

CLERKS OF COURTS: 

Criminal court of Cook county, 
election 138 

CONTAGION: 

Animals, act to prevent revised ... I 
Animals, appropriation to prevent, 
(41)... 53 

CONTINUANCES: 

Criminal cases 73 

CONVICTS: 

Appropriation for conveying to 
penitentiary, (14) 48 



COPYING : 

Appropriation for contracts (26) — 50 

CORPORATIONS: 

Horse thief associations 208 

Transportation of diseased stock, 
penalties § 2 2 

COUNTIES: 

Boards, neglect of duty under the 

election laws 187 

Cook, election clerk, criminal court. 138 
Hardin, appropriation 30 

COURTS— APPELLATE : 

Appropriations, incidental expenses, 
libraries, etc , (18) 48 

See bills in cases remanded by 
Supreme Court 227 

Judges required to file written 
opinions 65 

COURTS— CIRCUIT : 

Jurors, special panels 20 

Terms Changed : 

First Circuit - 66 

Second Circuit 66, 67, 68 

Fourth Circuit 68 

Seventh Circuit 68 

Ninth Circuit 66 

Tenth Circuit 68 

Thirteenth Circuit 68 



70 



COURTS-COUNTY : 

Bail in criminal cases 

Judges may hold courts in other 
counties 

Terms Changed: 

Carroll county. , 

Cass co unty 

White county 

Whiteside county 

COURTS-CRIMINAL : 



Cook county, election of clerk 138 



COURTS— SUPREME : 

Appropriations, incidental expenses, 
libraries, etc., (18) 48 

CRIMINAL CODE: 

Burglary, sec. 36, act 1873, amended 73 
Continuances 73 



DAIRYMEN'S ASSOCIATION: 
Appropriation 

DEAD BODIES: 



21 



Delivery to medical colleges for 
study 211 

DEAF AND DUMB : 

Chicago school, appropriation 10 

DOCUMENTS: 

Appropriation for distribution (26). 50 



PAGE. 
DRAINAGE: 

Assessments; extension of time for 
collection : 74- 

Cities and villages, by special assess- 
ment 60* 

Farm, acts revised 77 

Levees, acts amended 108- 

EDUCATIONAL INSTITUTIONS. 

Appropriations : 

Normal University at Normal 22' 

Southern Normal University 24 

" " " rebuilding 25 

State Laboratory of Natural History 23 

University of Illinois 27 

ELECTIONS: 

Cities, towns and villages, regula- 
tion of 139- 

Clerk Criminal Court Cook Co 138 

County boards, neglect of duty. . . . 187 
Precincts, act 1872, amended 193 

Primary— 

Qualification of voters.., 187" 

Regulation 188 

Returns for incorporated cities or 
villages under general law 61 

ENTOMOLOGIST— STATE . 

Appropriations 23 

EXECUTIVE MANSION. 

Appropriations : 

Care of (5) 46 

Paving, sidewalks and curbing 35 

Repairs and improvements 21 

FEE BILLS: 

Appellate Court 229 

FEES AND SALARIES: 

Adjutant General, §4 213 

Jurors, act 1874, amended 198 

Officers of incorporated towns or 

villages 58- 

State's Attorney— reports in coun- 
ties of third ciass 199 

Veterinarian, State, §2 21 

•FERTILIZERS: 

Frauds in manufacture and sale of. 19T 
FINES AND PENALTIES ; 

Humane societies, collection. 209- 

FIRE ESCAPES: 

Act relating to 201 

FISH AND GAME. 

Fish: 

Commissioners, appropriation (37). . . 52" 

Protection of, act amended 202 

Game, protection of; wardens, ap- 
pointment of 205 

FOOD: 

Canned, labeling goods 2GX 



IV 



INDEX. 



PAGE. 

FRUITS AND VEGETABLES : 

Canned, labeling goods 207 

FUGITIVES FROM JUSTICE: 

Approp iation for apprehension. (15) 48 
GARDNER, Wm. H. 

Appropriation , 6 

GENERAL ASSEMBLY. 
Appropriations : 



Committee expenses, 34th (43). 
35th (40). 

Employes, deficiency 

" of the 35th (25). 

Incidental expenses 



30 



GEOLOGICAL SURVEY: 

Appropriation, publication geologi- 
cal re port 

GOVERNOR. 

Appropriations . 

Hamilton, John M., for portrait (38) 52 
Office of, clerk hire, etc., 1-5 46 

GRAIN: 

Inspection of , committee of appeals 252 

GUARDIANS AND WARDS: 

Final settlements, itemized list of 
asset9 i 208 

HAMILTON, JOHNM. 

Appropriation for portrait (38) 52 

HEATING DEPARTMENT. 

Appropriations : 

Fuel and labor, (27) 50 

Repairs, (32) 51 

HILL, Wm. G. 

Appropriation 31 

HORSE THIEF ASSOCIATION: 

Incorporation 208 

HORTICULTURAL SOCIETY: 

Appropriation 32 

HUMANE SOCIETIES: 

Fines and penalties; collection 200 

INDUSTRIAL UNIVERSITY: 

Name changed 253 

INSPECTION OF GRAIN: 

Committee of appeals 253 

INSURANCE: 

Tornadoes, etc., authorized 207 

JANITORS AND WATCHMEN: 

_ State House appropriation (22) 50 



PAGE. 

JURORS: 

Fees, act 1874, amended 198 

Special panel authorized 210 

JUVENILE OFFENDERS: 

Appropriation for conveying to Re- 
form School, (10) 48 

LABOR STATISTICS : 

Appropriation to Bureau. (36) 53 

LEVEES AND DRAINAGE: 

Act amended 108 

LIBRARY-STATE: 

Appropriation for books and salary 
of assistant, (34) 52 

LIEUT. GOVERNOR: 

Appropriation for postage and sta- 
tionery, (39) 52 

LIGHTING STATE HOUSE: 

Appropriation (27) , 50 

McKEE, GEORGE: 

Appropriation 32 

MEDICINE AND SURGERY: 

Science of promoted; dead bodies 
forstudy 211 

MILITARY CODE: 

National Guard, act 1879, revised and 
amended 212 

MINES AND MINING: 

Board of examiners; term of office, 
I 12 220 

Health and safety of miners, act of 
1879, amended 217 

Ins sectors: term of office, §11 319 

Weighing coal at mines, act 1883, 
amended 331 

MUNICIPAL BONDS: 

Surplus in State Treasury, refund- 
ing.. 223 

MUSEUM OF NATURAL HISTORY: 

Appropriation (23) 50 

NATIONAL GUARD: 

Act concerning 212 

Appropriations : 

Article 10, §1..' 216 

Sale of arms, etc. fund... . 33 

NEW ORLEANS EXHIBITION: 

Appropriation for exhibit 33,34 

PARKS: 

Cities, towns and villages, control 
of by commissioners 234 

Streets leading thereto, control and 
improvement 225 

Tax levy for improvem't increased. 226 

PAVING SIDEWALKS AND CURBING. 
Appropriations : 

Arsenal property (42).. .: 53 

Executive mansion gronnds 35 



PENITENTIARIES. 
Appropriations : 

PAGE. 

Joliet. 

Ordinary expenses and improve- 
ments 36, 37 

Library(30) 51 

Management, act 1871, §39, amended. 227 
Southern. 
Ordinary expenses, repairs and- im- 
provements 38,39 

Library(29) 51 

Management, act 1877, amended 228 

PRACTICE: 

Courts Appellate, fee bills 229 

PRINTING— PUBLIC : 

Appropriation (19) 49 

PRINTING AND STATIONERY: 

Appropriations (17). . 48 

RAGSDALE, THOMAS A.: 

Appropriation 40 

RAILROADS: 

Consolidation and extension of lines 229 
Crossings, act 1874, sections 12 and 

13 amended 231 

Publication of schedule of rates, 

abolished 232 

RALPH, WILLIAM J.: 

• Appropriation , 41 

REFORM SCHOOL: 

Appropriations 39 

REPORTS: 

Adjutant-General, appropriation for 
printing (19.41V6) 49,52 

Live Stock Commissioners, §7 3 

State's Attorneys in counties of 

third class 199 

Supreme Court, appropriation for 

purchase, (31) 51 

REVENUE: 

Commission, appropriation for ex- 
penses, (30 l /£) . . . 51 

Levy for State purposes 233 

Listing lands for assessment, act 

amended 233 

Parks, tax levy increased 226 

Tax deeds, act amended 234 

REWARDS: 

i Appropriation for fugitives, (15) 48 

ROADS, HIGHWAYS AND BRIDGES: 

Commutation of labor, act 1873 in 
counties not under township or- 
ganization, amended 236 

Road labor, act 1883, § 80 in counties 
under township organization, 
amended 236 

Steam engines on highways 247 



PAGE. 

RAILROAD AND WAREHOUSE COM- 
MISSION: 

Appropriations (24) 50 

SCHOOLS: 

Boys' Training, act 1883, amended ... 238 
County Superintendents, act 1872, 

amended 238 

Deaf and Dumb, Chicago, appro- 
priation 10 

Elections under special charters 242 

Girls' Industrial, act 1879, amended. 243 
Loaning- funds, act 1873, amended.. 244 
Real estate held by cities and 

villages 59' 

Renting or leasing lands 246 

Surplus bond fund, refunding. 247 

SCHOOL FUND. 

Appropriations (20, 35) , 49, 52 

Loaning 244 

SECRETARY OF STATE : 

Appropriations : 

Clerk hire, office, State House, and 

index department (6) 46 

Janitors and watchmen, State House 

(22) 50 

Library, State, (34) 52 

Paving, etc 35 

Purchase of Supreme Court Reports, 
(31) 51 

SNOW, RICHARD A.: 

Appropriation 42 

SOLDIERS' AND SAILORS' HOME : 

Establishment and location 16 

STATE'S ATTORNEYS: 

Fees and salaries, reports in counties 
of third class 199 

STATE HOUSE: 

Appropriations : 

Care of and repairs, (6) 46 

Completion 53 

Heating department (27) 50 

Heating department and repairs, (32) 51 

Janitors and watchmen, (22) 50' 

Lighting, (27) 50 

STATE GOVERNMENT: 

Appropriation : 

Deficiency 43 

General Assembly, next 43 

Ordinary and contingent expenses.. 44 

State officers 43 

STATE LABORATORY OF NATURAL 
HISTORY: 

Appropriations 25 

Transfer to University of Illinois . . 23 

STATE SUITS: 

Appropriations for expenses (13) 45 



VI 



INI/EX. 



PAGE. 

STEAM ENGINES: 

On public highways 247 

STREETS AND ALLEYS: 

Leading- to parks, controlled by 
Park Commissioners 325 

SUPERINTENDENT PUBLIC INSTRUC- 
TION: 

Appropriations, clerk hire, office, 
etc. (9) 47 

SURVEYORS-COUNTY : 

Records, how kept 248 

TAX DEEDS: 

Act 1872 amended 234 

TAXES: 

Illegally collected in cities, refund- 
ing 61 

Paid in error, appropriation to re- 
fund (21) 50 

TOWNSHIP ORGANIZATION: 

Elections in certain cases 249 

New towns, limit of territory 251 

TREASURER— STATE : 

Appropriations, clerk hire, office, 
watchmen, etc. (8) 37 



PAGE. 

TREASURER— STATE— Continued. 

Municipal bonds, refunding surplus 
funds 223 

UNITED STATES: 

Jurisdiction to lands in Springfield. 252 

UNIVERSITIES: 

Appropriations : 

Illinois. 27 

Normal at Normal 22 

Southern Normal 24,25 

Illinois : 

Formerly Illinois Industrial 253 

Industrial, name changed 253 

Transfer of State Laboratory of Nat- 
ural History 23 

VETERINARIAN— STATE : 

Appointment, duties and salary, §2. 2 

WAREHOUSES: 

Committee of appeals, actamended. 252 

WATERWORKS: 

Cities, towns and villages, act 1872, 
amended 64 

WHITE, HIRAM W. 

Appropriation 54 

WOMAN'S HOSPITAL: 

Chicago, appropriation 20 



INDEX TO JOINT RESOLUTIONS. 



SENATE. 



PAGE. 

Adjournment sine die 254 

Aojutant-General's Report, reprinting... 254 

Agricultural Statistics, publication 255 

Amendment to the Constitution, convict 

labor 256 

Bakewell claim, title to lands 256 

Canals: 

Hennepin 257 

Lake Sup erior 25' 



page. 
Commissioner of Agriculture of United 

States . . 257 

Drainage Laws, pamphlet edition 259 

Election Laws, pamphlet ediction 259 

Governor's Messages, pamphlet edition . . 259 
Haines' Township Organization Laws, 

purchase 259 

Oklahoma lands, settlement 260 



HOUSE. 



Agricultural Experiment stations 260 

Animal Industry Law in Congress 261 

Alien land owners 261 

Appellate Court rooms, 1st district 262 

Land script, disposition of 263 

Election returns for State officers, can- 
vass 263 

Grant, General U.S., retired list 264 

Hugo, Victor, eulogy 264 



Lincoln Memorial Day 264 

Logan, Robert E 265 

Pluero pneumonia bills ...'. 265 

Revenue Laws, revision 265 

Revenue Commission, appointment 265 

Shaw, J . Henry, death of 266 

State Treasury, examination.... 267 

Wood, John, statue 267 








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