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Full text of "Laws of the State of Illinois"

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http://www.archive.Org/d.etails/lawsofstateofill1887illi 



LAWS 



H 







H 



OIS, 



ENACTED BY THE 



THIRTY-FIFTH GENERAL ASSEMBLY, 



AT THE SESSION WHICH 



aOMMENGED JANUARY 5, 1887 AND ABJOUENEB JUNE 15, 1887. 

^ - ■ 



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



SPEINGFIELD, ILL.: 
H. W. BOKKEB, Pkinteb and Bindee, 

1887. 



TABLE. OF CONTENTS. 



PAGE. 

ADMINISTEATION OF ESTATES: 

r5onclbmen of deceased executors and administrators, liability 1 

■ (.Maasification of claims, , 2 

Sale of real estate , 3 

/ . 

ALIENS: ■ 

Landlords including taxes as part of rent •. 4 

Eight to hold real estate i 5 

ANIMALS: ■ ^ 

Act in relation to-contagious diseases revised and amended 8 

Act of 1887 amended 13 

Act to -co-operate with the U. S. in suppressing pleuro -pneumonia 10 

Liens on get of sires 17 

False pedigrees 18 

■ Eunning at large : 19 

APPEOPEIATIONS: . 

Agriculture, State Board 20 

Blackburn, Emily J , 21 

Blackburn, John E 22 

Boals, Manuel H 1 22 

Burlington Manufacturing Co 2;i 

Canal ■ : 23 

. Chaeitable Institwtions— 

■Blind : 24,25 

D e at and Dumb . : 28 

Eye and Ear Infirmary ^ 28 

• Feeble-Minded Children :....: 29 

Eastern Hospital lor the Insane : ,30. 31 

■Central Hospital for the Insane 31 

Northern Hospital lor the Insane 32 

Southern Hospital for the Insane 33 

Soldiers' and Sailors' Home 'S4 

Soldiers' Orphans' Home : 35 

■ Dairymen's Association 36 

Davis and Logan Memorial JExercises 36 

• General Assembly ;W, 38 

■ Horticultural Society , • .38 

LeMay, J, C '. : 38 

Lincoln Homestead 39, 40 

Lincoln Monument 41 

Live Stock Commissioners .' 41, 42 

Logan Monument 43, 44 



IV CONTENTS. , 

FAGE. 

APPROPRIATIONS— Con<im<ed 

Lyie. John A 45 

MeGee, Peter 40 

Mooney, Michael, costs of trial l 46 

National Guard and Memorial Hall 47 

National Guard 48 

Peniten1:iaeies— 

JoUet 48,49,50 

Southern 51 

Purdie, Mrs. R. A 52 

Owners of slaughteired cattle and quarantined cows 53,54,55 

Reform School 66, 57 

School exhibit at Chicago, 1887 57 

State debt 58 

State H ouse. repairs of • 58 

State House, losses by fire 59 

State Goveenment— 

Paper and stationery 60 

Printing, binding and heating 61 

Printing 61 

Ordinary and contingent expenses 62 

State Laboratory of Natural History, and State Entomologist 71 

Stewart, Samuel 72 

Superintendent of Public Instruction 73 

State Normal University 73 

Tucker, JohnB 74 

Southern Normal University 75 

IJniversity of Illinois 76 

BANKS AND BANKING : 

Savings Institutions ; 77 

State banking system 89 

BETS, WAGERS AND POOLS: 

Book-making and pool selling prohibited 95 

BUCKET SHOPS: 

Gambling in grain, stocks and produce prohibited 96 

CEMETERIES : 

County, care and management ." „ 97 

CHARITABLE INSTITUTIONS, STATE: 

Central Hospital for the Insane ; trustees authorized to sell a certain tract of land.. . 99 

Superintendents of Hospitals for the Insane reauired to report to the county clerks 
the number of patients in the hospital from such county 100 

Trustees of Charitable Institutions and Reform School reauired to make biennial re- 
ports September 1st preceding the regular meetings of the General Assembly 100 

Admission of applicants to the Soldiers' and Sailors' Home 101 

CHILDREN: 

Abandonment, penalties , 102 

CITIES, TOWNS AND VILLAGES: 

Aldermen, fixing the number to be elected in cities not adopting the minority plan . . 102 

Incorporation under the general law for cities 103 

Police districts, limits defined 104 

Special assessments for local improvements may be paid in installments 104 

Ordinances for local improvements by special assessments must set out the same 

by maps and plats 107 

Street railways; use of streets ' 108 

Wards, dividing cities into 116 

Presidents of boards of trustees 116 

Itinerant merchants, licensing and regulating 117 

Firemen's Pension Fund 117 



CONTENTS. V 

CITIES, TOWNS, Etc.— Continued. page. 

Police Pension Fund 122 

Chicago Drainage District '. ' .'. 126 

Autliorities of, incorporated by special, charter, may convey real estate for school 

purposes 127 

Loekport, repeal of section of charter : 128 

Trenton, charter repealed ; , 128 

CLEEKS OF COURTS: . . 

See section 16, act 1874, amended 128 

COEPORATIONS : 

An act to amend section 11, act of 1879. for incorporiating building, loan and home- 
stead associations 131 

An act to amend sections 8 and 10, act of 1879, for incorporating building, loan and 

homestead associations 131 

An act to amend section 1, act of 1872, to provide for changing names, places of busi- 
ness, etc 132 

An act to provide for incon)orating co-operative associations for profit 134 

An act for the apprehension of horse thieves and other felons 140 

An act in regard to the serving of process on receivers of corporations 142 

An act to amend the act concerning corporations. 142 

An act to enable surety companies to do business in this State 143 

. An act to provide for and regulate trust companies 144 

COUNTIES: 

Cook county commissioners, election ....149 

Cook county affairs ; duties of commissioners ; finances and public service 150 

Approval of offlcial bonds in counties under township organization 156 

COURTS : 

Appellate— 
Jurisdiction, section 8, acrt 1877, amended 156 

ClECUIT— 

Cook county, increase of judges 157 

Judges may hear cases by agreement between parties ..158 

Short-liand reporters, appointment 159 

Terms — 

Fifth circuit 160 

Sixth circuit 161 

County— 

Act changing the terms of probate coprt in all counties in the State 162 

Alexander county, terms changed 162 

Bureau county . terms changed 162 

Crawford county, terms ^hanged 163 

' Hardin county, terms changed 162 

Piatt county, terms changed : 168 

Sangamon county, terms changed. 164 

Scott county, terms changed 164 

Yermilion county, terms changed 162 

Wabash county, terms changed 165 

Will county, terms changed 165 

Woodford county, terms changed 166 

CRIMINAL CODE: 

Bail in vacation 166 

Conspiracy; amends section 46, division 1, act of 1874, "boycott" 167 

Conspiracy further defined 168 

Prostitution of females 170 

Rape; amends section 237 171 



VI CONTENTS. 

ELECTIONS: paue. 

An act to ainoud scctioa 2, articlo 8, act of 1885, regulating oloctious in cities, towns 
and villages 171 

An act to enable inmates of soldiers' home to vote 172 

An act to aniciid tlie act of 1S72, defining offenses and iionalties at elections IT.i 

An act to n.'giilatn holding <3li'c.tions for town and school of'lices in cities, towns ami 
villages which have or may adopt the city election law of 1885 175 

EVIDENCE AND DEPOSITIONS: - 

Copies of the entries of lands, evidence of title, in the absence of the patent 170 

EXEMPTIONS : 

Homesteads 178 

Personal property, schedule 179 

EXPLOSIVES: 

Manufacture, transportation and sale 180 

FEES AND SALARIES : 

Appeal cases, copies of papers 182 

Clerks of probate, counties third class ; 183 

Cook county officers and clerks of courts 185 

Witness fees and mileage 187 

FENCES: 

Legal fences defined 188 

FISH AND GAME: 
Fish— 

An act to encourage the propagation and cultivation . .- 180 

Game— 

An act for the protection of , 192 

GUARDIANS AND WARDS : 

Investment of ward's money : 193 

INSOLVENT DEBTORS : 

Imprisonment for debt . ' 194 

INTOXICATING LIQUORS: 

An act to regulate the sale outside of cities, towns and vil lages 194 

INSURANCE, FIRE: 

County Companies— 
An act to amend sections 3 and 8 of the act of 1877 195 

Live Stock Companies— 
An act to organize fai'mers' county mutual companies . ; 197 

Township Companies— 
An act to amend sections 3, 8 and 11, act of 1877 201 

INSURANCE, LIFE: 

An act to amend the act of .1809 202 

Assessment societies, act revised 204 

JUDGMENTS AND EXECUTIONS: 

Imprisonment for debt i 213 

Personal property taken on execution 213 

JURY COMMISSIONERS : 

An act to authorize judges of courts of record to appoint 214 

JUSTICES AND CONSTABLES: 

Appeals from police magistrates 217 



CONTENTS. VII 

LEBRAEIES: ' page. 
Tax rate in cities , 218 

LIENS: . 

Mechanics', act amended. \ 219, 220 

LOCKS AND DAMS: 

In Illinois Eiver ceded to the United States. .-., : 222 

LUNATICS: 

Appointment of conservators 223 

MARRIAGES : 

An act to amend section 4, act of 1874 225 

MEDICINE AND SURGERY: ' . 

An act to regulate the practice of :;25 

MILITARY CODE : 

Pay of enlisted men while on duty and In camp 229 

MILLS AND DAMS : ' 

An act to remove the dam on the Little Wabash River at New Haven 2:30 

MINES AND MINERS: 

Health and safety of miners, act of 1879 amended 230 

Weighing coal at mines ' ' 235 

MOBS AND RIOTS : ' 

Damages for property destroyed 237 

Preservation of the peace and quelling riots, etc 239 

MORTGAGES: . 

Chattel, extension 241 

OILS : 

Inspection, appointment of inspectors .- 242 

PARKS: 

Indebtedness, issue of bonds to cancel 243 

Lands, sale of unused .^ 245 

Protection against the action of water , 246 

Streets leading to ..., 247,248 

Superintendents appointed ": 249 

Commissioners of Lincoln Park, Chicago, may permit the erection of buildings for 
the use of the Newberry Library 249 

PHARMACY: 

Registration of pharmacists 1 250 

PRACTICE: 

Appeals from interlocutory orders , 250 

Verdicts of juries j - 251 

RAILROADS: 

, Automatic signals at crossings 252 

Transportation of grain in bulk, weighing 253 

Railroad accidents. Railroad and Warehouse Commissioners investigate cause 254 

RECORDERS : 

Authorized to keep abstract books - - . - 256 

Records and flies open to public inspection 258 

RECORDS : 

Destroyed by Are, act amended 258 



VIII CONTENTS. 

REVENUE: page. 
General levy for State purposes 262 

ROADS AND BRIDGES: 

Counties undee Township Okganization— 

Public highway defined 2(}3 

Bridges, county aid 263 

Counties not under Township Organization— 
Act concerning 265 

SCHOOLS: 

An act to provide for auditing for payments the bills of county superintendents 

quart erl y 289 

Election and organization of boards of directors and boards of education 290 

Districts, organization, etc ^ 291 

Presidents of boards of education, election 296 

Streets and highways, trustees may lay out and dedicate school lands for that pur- 

liose 297 

Teachers institutes, attendance of teachers 297 

TELEGRAPHS AND TELEPHONES : 

"Wires, poles and cables, act coticerning 298 

TOBACCO: 

Sale of, to minors, prohibited " 298 

TOWNSHIP ORGANIZATION: 

Representation in county boards, town auditors may have census taken 299 

Uniting and dividing towns 300 

TREE PLANTING; 

Arbor day, to encourage tree planting 304 

UNITED STATES : 

Jurisdiction ceded to certain lands in Lake county . 304 

UNIVERSITIES: 

Illinois, election of trustees : 306 

VEAL: 

Sale of, regulated 307 

VENUE : 

Fees and costs in trial cases in foreign county 307 

WAGES : 

Preferred claims 308 

WEIGHTS AND MEASURES: 

Standard 309 

JOINT RESOLUTIONS: ^ 

- House and Senate 311-328 



LAWS OF ILLINOIS. 



ADMINISTEATION OF ESTATES. 



LIABILITY OF BONDSMEN. 

§ 1. Amends Sec. 37, act of 1872, by making the sureties on bond liable to any subse- 
quent executor or administrator for any noismanagement on the part of deceased executor 
or administrator. 

An Act to amend section thirty -seven (37) of an act entitled "An act 
in regard to the administration of estates,'" approved April 1, 1872, 
■^n force July 1, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That section thirty-seven (37) 
of an act entitled - "An act in regard to the administration of 
estates," approved April 1, 1872, in force July 1, 1872, be amended 
so as to read as follows : 

"Section 37. When a sole or surviving executor or administrator 
dies without having fully administered the estate, if there is per- 
sonal property not administered or are debts due from the estate, 
or is anything remaining to be performed in the execution of the 
will, the county court shall grant letters of administration with the 
will annexed, or otherwise, as the case may require, to some suitable 
person to administer the estate of the deceased not already admin- 
istered, and the securities on the bond of such deceased adminis- 
trator shall be liable on the same to such subsequent administrator, 
or to any other person aggrieved, for any mismanagement of the estate 
committed to his care ; and such subsequent administrator may 
have and maintain all necessary and proper actions against the 
securities of such former executor or administrator for all such 
goods, chattels, debts and credits as shall have come "to his posses- 
sion and are withheld or may have been wasted, embezzled or mis- 
applied, and no satisfaction made for the same : Provided, that 
where there is still a surviving executor or administrator, he may 
proceed to administer the estate unless otherwise provided." 

Approved June 10, 1887. 



ADMINISTRATION OF ESTATES. 



CLASSIFICATION OF CLAIMS. 

§ 1. Amends section 70 of the act of 1872 by making the wages of a servant or laborer for 
labor performed within six months prior to death, claims of the 6th class. 

An Act to amend section 70 of an act entitled "An act in regard to 
the administration of estates,'' approved April 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 70 of an act enti- 
tled "An act in regard to the administration of estates," approved 
April 1, 1872, be amended so as to read as follows : 

" Section 70. All demands against the estate of any testator or 
intestate shall be divided into classes, in manner following, to-wit : 

First — Funeral expenses. 

Second — Widow's award, if there is a widow ; or children, if there 
are children, and no widow. 

Third — Expenses attending the last illness, not including physi- 
cian's bill. 

Fourth — Debts due the common school or township fund. 

Fifth — All expenses of proving the will, and taking out letters 
testamentary or of administration, and settlement of the estate, and 
the physician's bill, in the last illness of the deceased. 

Sixth — Where the decedent has received money in, trust for any 
purpose, his executor or administrator shall pay out of his estate 
the amount thus received and not accounted for ; the wages due a 
servant or laborer for labor performed for decedent within six months 
previous to death. 

Seventh — All other debts and demands, of whatsoever kind, with- 
out regard to quality or dignity, which shall be exhibited to the 
court within two years from the granting of letters, as aforesaid, 
and all demands not exhibited within two years, as aforesaid, shall 
be forever barred, unless the creditors shall find other estates of the 
deceased, not inventoried or accounted for by the executor or admin- 
istrator, in which case their claims shall be paid pro rata out of 
such subsequently discovered estate, saving, however, to femes covert,. 
infants, persons of unsound mind, or imprisoned, or without the 
United States in the employment of the United States, or of their 
State, the term of two years after their respective disabilities are 
removed, to exhibit their claims." 

Approved June 17, 1887. 



ADMINISTRA.TION OF ESTATES. 



SALE OF REAL ESTATE. 

§ 1. Amends section 99 act of 1872, by providing that proceedings may be commenced iri 
the Circuit and County courts. 

Amends section 100 by requiring a particular description of tlie real estate, with liens 
theron. 

Amends section 101 by authorizing the court to order the real estate sold and to adjust 
all matters relating to title, liens, dower, etc. 

An Act to amend sections ninety-nine (99), one hundred (100), and 
one hundred and one (101), of an act entitled "An act in regard to 
the administration of estates,'' approved April 1, 1872. 

Section 1- Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That; sections ninety-nine (99), 
one hundred (100), and one hundred and one (101) of an act en- 
titled "An act in regard to the administration of estates," approved 
April 1, 1872, be and the same are hereby amended so as to read 
as follows : 

"Section 99. The mode of commencing the proceedings for the 
sale of real estate in such cases shall be by the filing of a petition 
by the executor or administrator in the circuit or county court of 
the county where letters testamentary or of administration were 
issued. The widow, heirs and devisees of the testator or intestate, 
and the guardians of any such as are minors, and the conservator 
of such as have conservators, and all persons holding liens against 
the real estate described in the petition, or any part thereof, or 
having or claiming any interest therein, in possession or otherwise, 
shall be made parties. If there are persons interested in the prem- 
ises whose names are not known, then they shall be made parties 
by the name of unknown owners. 

"Section 100. The petition shall set forth the facts and circum- 
stances on which the petition is founded, in which shall be stated 
the amount of claims allowed, with an estimate of the amount of 
just claims to be presented, and it shall also contain a statement 
of the amount of personal estate which has come to the hands of 
the petitioner, and the manner in which he has disposed of the 
same, with a statement of the amount of claims paid, a particular 
description of the real estate sought to be sold, and the nature and 
extent of all liens upon said real estate, so far as the same may 
be known to the petitioner. The petition shall be signed by the 
executor or administrator and verified by his affidavit, and shall be 
filed at least ten days before the commencement of the term of 
court at which the application shall be made. 

"Section 101, Such application shall be docketed as other causes, 
and the petition may be amended, heard or continued for notice or 
other cause, and the practice in such cases shall be the same as 
in cases in chancery. The court may direct the sale of such real 
estate, disincumbered of all mortgage, judgment or other money 
liens that are due, and may provide for the satisfaction of all such 
liens out of the proceeds of the sale, and may also settle and adjust 



ALIENS. 



all equities, and all questions of priority, between. all parties inter- 
ested therein, and may also investigate and determine all questions 
of conflicting or controverted titles arising between any of the parties 
to such proceeding, and may remove clouds from the title to any 
real estate sought to be sold and invest purchasers with a good 
and indefeasible title to the premises sold. The court may, with 
the assent of any mortgagee of the whole or any part of such real 
estate, whose debt is not due, sell such real estate disincumbered 
of such mortgage, and provide for the payment of such mortgage 
out of the proceeds of such sale ; and may also, with the assent of 
the person entitled to an estate in dower, or by the courtesy, or for 
life or for years or of homestead to the whole or in part of the 
premises, who is a party to the suit, sell such real estate with the 
rest. But such assent shall be in writing and signed by such per- 
son and filed in the court wherein the said proceedings are pend- 
ing. When any such estate is sold the value thereof shall be as- 
certained and paid over in gross, or the proper proportion of the 
funds invested, and the income paid over to the party entitled 
thereto during the continuance 'of "the estate." 

Approved June 15, 1887. 



ALIENS. 



landlords including taxes in leases. 

§ 1. Leases shall not contain provision requiring tenants to pay taxes. 

An Act to prevent alien landlords from including the payment of taxes 
in the rent of farm lands as a part of the rental thereof. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That no contract, agreement or 
lease in writing or by parol by which any lands or tenements 
therein are devised or leased by any alien or his agents for the 
purpose of farming, cultivation or the raising of crops thereon, shall 
contain any provision requiring the tenant, or other person for him, 
to pay taxes on said lands or tenements, or any part thereof, and 
all such provisions, agreements and leases so made are declared 
void as to the taxes aforesaid. If any alien landlord or his agents 
shall receive in advance, or at any other time, any sum of money 
or article of value from any tenant in lieu of such taxes, directly 
or indirectly, the same may be recovered back by such tenant be- 
fore any court having jurisdiction of the amount thereof, and all 
provisions or agreements in writing, or otherwise, to pay such taxes 
shall be held in all courts of this State to be void. 

Approved June 16, 1887. 



ALIENS. 



RIGHT TO HOLD REAL ESTATE RESTRICTED, 



§ 5. Special commissioners shall give bond_ 

§ 6. Possession given under judgment. 

§ 7. Bights of parties not made defendant . 

§ 8. Non-resident aliens may dispose of 
real estate. 

§ 9. Liens upon real estate held by aliens. 

§ 10. Repeals all acts in conflict. 



§ 1. Non-resident aliens prohibited from 

acquiring title to real estate; lands 

now held or acquired to be disposed 

of; minor resident aliens; lands 

escheat to the State. 
§ 2. Personal estate of aliens. 
§ 3. Resident aliens who declare their m- 

tention to become citizens. 
§ 4. Aliens who declare intention to be- 
come citizens and who do not become 

naturalized within six years, forfeit 

their lands ; proceedings. 

An Act in regard to aliens and to restrict their right to acquire and 
hold real and personal estate, and to provide for the disjjosition of 
the lands now owned by non-resident aliens. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That a non-resident alien, firm 
of aliens, or corporation incorporated under the laws of any foreign 
country, shall not be capable of acquiring title to or taking or 
holding any Jands or real estate in this State by descent, devise, 
purchase or otherwise, except that the heirs of aliens who have 
heretofore acquired lands in this State under the laws thereof, and 
the heirs of aliens who may acquire lands under the provisions of 
this act, may take such Jiands by devise or descent and hold the 
same for the space of three years and no longer, if such alien at 
the time of so acquiring such lands is of the age of twenty-one 
years, and if not twenty-one years of age, then for the term of five 
years from the time of so acquiring such lands, and if, at the end 
of the time herein limited, such lands so acquired by such alien 
heirs have not been sold to bona fide purchasers for value, or such 
alien heirs have not ^become actual residents of this State, the 
same shall revert and escheat to the State of Illinois the same as 
the lands of other aliens under the provisions of this act : Pro- 
vided, that minor aliens actually residing in the United States may 
acquire title to lands in this State by purchase, and hold the same 
for a term of six years-after they might, under the naturalization 
laws of the United States, have declared their intentions to be- 
come citizens of the United States, and if, at the expiration of 
said term of six years, said aliens have not become citizens of the 
United States, the lands so acquired by them by purchase shall 
revert and escheat to the State, under the provisions of this act ; 
and it shall be the duty of the State's attorney of the county in 
which said lands are situated to enforce forfeitures of all lands 
mentioned in this section in the same manner as pointed out in 
this act for other forfeitures. 

§ 2. All aliens may acquire and hold personal property in the 
same manner and to the same extent as natural born citizens of 
the United States, and the personal estate of an alien dying in- 
testate shall be distributed in the same manner as the estates of 
natural born citizens, and all persons interested in such estate 
shall be entitled to proper distributive shares thereof under the 
laws of this State, whether they are aliens or not. 



ALIENS. 



§ 3. Any alien resident of the United States who shall declare 
his intention of becoming a citizen of the United States in accord- 
ance with the naturalization laws thereof, and every alien female 
who shall, in good faith, become an actual resident of the United 
States, shall thereupon be authorized and enabled to take and hold 
lands and real estate of any kind whatsoever to him or her and 
his or her heirs and assigns forever, and may, during six years 
thereafter, sell, assign, mortgage, devise and dispose of the same in 
any manner as he or she might or could do if he or she were a 
natural born citizen of the United States : Provided, that in case 
of an alien male, he shall at the time of acquiring such lands 
cause to be recorded in the office of the recorder of deeds of the 
county in which such lands are situated, a certified copy of his 
said declaration of intention to become such citizen; and in case 
of an alien female, her affidavit of the fact that she is, in good 
faith, an actual resident of the United States shall be so filed ; 
but no such alien, unless he or she be an actual resident of this 
State, shall have power to lease or devise any real estate which he 
or she may take or. hold by virtue of this provision. 

§ 4. If any alien who has declared his intention of becoming a 
citizen shall not become a naturalized citizen of the United States 
within six years after the declaration of his intention, and be liv- 
ing, shall not have sold said real estate to purchasers thereof for 
value, and in good faith, such real estate acquired by him under 
the authority of this act, shall revert to, escheat, and become the 
property of the State of Illinois, and it shall then be the duty of 
the State's Attorney of the county in which said lands are situated, 
to proceed by information, in the name of the people of the State 
of Illinois, against such alien in the circuit court of such county, 
and summons may issue or service be had upon such alien by pub- 
lication in the same manner as in chancery cases, and such court 
shall have jurisdiction to hear and determine such information and 
to order the sale of such lands by a special commissioner, to be 
appointed by the court at such time and place and upon such con- 
ditions and terms as the court may direct, and the court shall tax 
as costs such fees for the State's attorney as shall be reasonable, 
and allow to such special commissioner the same fees as are al- 
lowed by law to masters in chancery for the sale of lands under 
decree of foreclosure ; and all fees and costs are to be taken out of 
the proceeds of the sale of such real estate. 

§ 5. The special commissioner shall give bond for the perform- 
ance of his duty, with security, to be approved by the court, and 
after the approval by the court of the sale of such real estate, shall 
deposit all money and securities, arising from such sale, with the 
State Treasurer, and it shall be the duty of the State Treasurer to 
collect the money due, or to become due, upon such securities : 
Provided, all securities for unpaid balances of the purchase money 
of such lands shall be made payable to the people of the State of 
Illinois. 

§ 6. All persons, defendant in said information, and in posses- 
sion of such lands at the time of the rendition of judgment of sale, 



ALTENS. 



shall, on or before the first day of March next, after the rendition 
of said judgment, deliver possession of said lands to the special 
commissioner herein provided for. 

§ 7. Within ten years after judgment, in any proceeding had 
under this title, a person, not a party or privy to such proceeding, 
may file a petition before the Commission of Claims, if there be 
such commission, and if not, then m the circuit court of Sanga- 
mon county, showing his claim or right to the property, or the pro- 
ceeds thereof. A copy of such petition shall be served on the 
Attorney General, at least twenty days before the hearing of the 
petition, who shall answer the same, and the Commission of 
Claims or said circuit court shall thereupon try the issue according 
to the rules of practice of such commission or court, and if it be 
determined that such person is entitled to the property or the pro- 
ceeds thereof, the property, if it has not been sold, shall be returned 
and delivered to him, or if it has been sold and the proceeds there- 
of paid into the State Treasury, then the State shall repay to the 
petitioner such proceeds in the manner provided by law, but with- 
out interest or cost to the State. All persons who fail to appear 
and file their petitions within the time limited, are forever barred, 
saving, however, to infants and persons of unsound mind, or per- 
sons beyond the limits of the United States, the right to appear 
and file their petitions at any time within five years after their 
respective disabilities cease or have been removed. 

§ 8. Any alien, non-resident of the United States, who owns 
land in this State at the time this act takes effect, shall have the 
right and power to dispose of the same during his lifetime to bona 
Jide purchasers for value, and to take security for the purchase 
money, with the same right as to such securities as a citizen of the 
United States, except that if he or his non-resident heirs again 
obtain title to the said iands on any sale thereof made by virtue of 
any judgment or decree of any court of law or equity, rendered in 
order to enforce the payment of any part of such purchase money, 
he, or his said non-resident heirs, shall only hold the title to said lands 
for three years after obtaining the same ; and if said lands so 
acquired are not sold in'^ good faith to bona Jide purchasers for value 
within said time, then the said lands shall be forfeited to and 
escheat to the people of the State of Illinois, in the same manner 
as provided in this act. 

§ 9. Nothing herein contained shall prevent the holder of any 
lien upon or interest in real estate heretofore acquired from hold- 
ing or taking a valid title to the real estate in which he has such 
interest or upon which he has such lien, or prevent any alien from 
enforcing any lien or judgment for any debt or liability which may 
hereafter be created, or which he may hereafter acquire, or which 
may hereafter be adjudged in his favor, or from becoming a pur- 
chaser at any sale by virtue of such lien or judgment : Provided, 
however, that all lands so acquired shall be sold within three years 
after title shall be perfected in him under such sale, or, in default 
thereof, that the same shall escheat as provided in this act. 



ANIMALS. 



§ 10, An act to amend chapter four, Kevised Laws, entitled 
"Aliens," approved February 17, 1851, in force February 17, 1851, 
and all other acts and parts of acts in conflict with this act, are 
hereby repealed. 

Approved June 16, 1887. 



ANIMALS. 



contagious diseases. 



§ 1. Board of Live Stock Commissioners; 
appointment, term of office and 
duties. 

S 2. Investigation by the board of disease, 
and tlie duties of the board in the 
suppression and extirpation delined ; 
slaughter of animals and destruction 
of property. 

§ 3. Veterinary surgeon, appointment and 
duties; salary. 

§ 4. Epidemic; proclamation by the Gov- 
ernor quarantining infected districts 
outside of the State ; transportation 
companies transporting prohibited 
animals; penalties for failure to 
report disease in this State. 

$ 5. Disease in this State ; infected locali- 
ties quarantined by the Governor. 

§ 6. Kemoval or shipment of diseased ani- 
mals under orders of the board. 



§ 7. Notice of quarantine, to owner or 

occupant. 
§ 8. Fines collected under this act paid 

into county treasury. 
§ 9. Claims against State for slaughtered 

animals ; how audited and paid. 
§ 10. State veterinarian and assistants 

authorized to call upon the officers 

of the law to enforce the provisions 

of this act. 
§ 11. Board shall co-operate with the 

authorities of the United States. 
§ 12. Board shall keep a record of its pro- 
ceedings and report annually to the 

Governor. 
§ 13. Per diem and expenses of the board. 
§ 14. Repeals all acts and parts of acts in 

conflict with this act. 
§ 15. Emergency. 



An Act to amend an act entitled "An act to revise the law in relation 
to the suppression and prevention of the spread of contagious and 
infectious diseases among domestic animals," approved June 27, 1885, 
in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That "An act to revise the law 
in relation to the suppression and prevention of the spread of con- 
tagious and infectious diseases among domestic animals," be 
amended so as to read as follows : 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the Governor shall, with the 
advice and consent of the Senate, appoint three practical stock 
breeders, not more than two of whom shall be members of the 
same political party, 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 successors 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. 



ANIMALS. 



§ 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 spread 
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 any animal or ani- 
mals infected with any such disease, or any other person having 
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, or some 
member thereof, or authorized agent of the board, immediately to 
cause proper examination thereof to be made, and if said disease 
shall be found to be a dangerously contagious or dangerously infec- 
tious malady, said board or any member thereof, or the State 
Veterinarian or any assistant veterinarian, shall order said diseased 
animals, and such as have been exposed to contagion, and the 
premises in which they are, to be strictly quarantined for such time 
as the board, or any member thereof, or such veterinarian may 
deem necessary, not to exceed thirty days, in charge of such person 
as the board, or any member thereof, or such veterinarian shall 
designate, and they shall have power to order any premises and 
farms, where the disease exists, or has recently existed, as well as 
exposed premises and 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, shall be removed 
from the places so quarantined, nor allow any healthy animal to be 
brought therein, except under such rule or regulation as the said 
board may prescribe ; and said board shall prescribe such regula- 
tions as they may deem necessary to prevent such disease from 
being communicated in any way from the places quarantined. In 
all such cares of contagious and infectious diseases, the said board 
or, in case the number of animals shall not exceed five, any mem- 
ber thereof, shall have power to order the slaughter of all such 
diseased and exposed animals. The said board shall have power to 
cause to be destroyed* all barns, stables, premises, fixtures, furni- 
ture and personal property infected with any such contagious or 
infectious disease, so far as in their judgment may be necessary to 
prevent the spread of such disease, and where the same cannot be 
properly disinfected. When the board, upon the written report of 
the State Veterinarian, or any of his assistants, determine that any 
animal is affected with, or has been exposed to, any dangerously 
contagious or infectious disease, the board, or any member thereof, 
may agree with the owner upon the value of such animals or pro- 
perty, and in case such agreement cannot be made, said board, or 
the member acting in behalf of the board, may appoint three dis- 
interested citizens of the State to appraise such diseased animal or 
exposed animals or property. Such appraisers shall subscribe to an 
oath in writing to fairly value such animal in accordance with the 
requirements of this act, which oath, together with the valuation 



10 ANIMALS. 



fixed by said appraisers, shall be filed with the board and be pre- 
served by them. Upon such appraisement being made, it shall be- 
come the duty of the owner to immediately destroy such animal or 
property and dispose of the same in accordance with the order of 
said board, or member thereof, and, upon failure to do so, said 
board, or member thereof, shall cause such animal or animals or 
property to be destroyed and disposed of, and thereupon the said 
owner shall forfeit all right to receive the compensation allowed by 
said appraisers and provided for by this act. When the board, upon 
■the written opinion of the State Veterinarian, determines that any 
barns, stables, out-buildings or premises are so infected that the 
same cannot be disinfected, they may quarantine such barns, stables, 
out-buildings or premises from use for the animals that may be 
infected by such use, and such quarantine shall continue until re- 
moved by the board, and a violation of such quarantine shall be 
punished as is provided for violations of other quarantine by this 
act. 

§ 3. The Governor shall appoint a competent veterinary surgeon 
who shall be known as the State Veterinarian, who, together with 
his assistants, shall act under the direction of said board in carry- 
ing out the provisions of this act. In the event of the inability of 
the said State Veterinarian to perform all the 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 such other neces- 
sary assistant veterinarians upon terms not exceeding that paid 
the State Veterinarian. The State Veterinarian shall receive for 
iis services the sum of $8 per day for each day actually employed 
under the provisions of this act, together with his necessary travel- 
ing 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 local- 
ities in other states, or that their condition would render such 
•domestic animals liable ^to convey such diseases, he may, by pro- 
clamation, schedule such localities 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 ap- 
proved by the Governor. Any corporation which shall knowingly 
"transport, receive or convey such prohibited stock 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 
such importation or transportation of such prohibited stock. Such 
penalty shall be recovered in any county in this State into, or 
through which such stock is brought, upon information filed in the 
<3ircuit or county court of any such county or the superior court of 
■Cook county. Any person who, knowing that any such contagious 
or infectious disease exists among his domestic animals, shall con- 
ceal such fact, or, knowing of the existence of such disease, shall 
sell the animal or animals so diseased, or any exposed animal, or 
knowing the same, shall remove such diseased or infected animals 
from his premises to the premises of another, or knowing of the 



ANIMALS. 11 



■existence of such disease or exposure shall drive or lead or ship 
the same by any car or steamboat to any other place in or out of 
this State, and any person or persons who shall bring any such 
diseased, or, knowingly, shall bring any such exposed animal or 
animals into this State from another State ; and any person or per- 
sons who shall knowingly buy, receive, sell, convey or engage in 
the traffic of such diseased or exposed stock, and any person who 
shall violate any quarantine regulations established under the pro- 
visions of this act, shall, for each, either, any and all acts above 
mentioned in this section, be guilty of a misdemeanor, and, on con- 
viction thereof, or of any one of said acts, shall be fined in any 
sum not less than $25 nor more than $2C0, and imprisoned in the 
county jail until the fine and costs are paid, and shall forfeit all 
right to the compensation for any animal or property destroyed 
under the provisions of this act. 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 Commissioners, shall be fined not exceeding 
five hundred dollars, or be imprisoned in the county jail not more 
than one year for each offense. 

§ 5. Whenever said board shall become satisfied that any dan- 
gerously contagious or infectious disease among domestic animals 
exists throughout any municipality or geographical district in this 
State, and, in their judgment, it is necessary to quarantine such 
municipality or geographical district in order to prevent the spread 
of such disease into contiguous territory, they shall report the same 
to the Grovernor, who may thereupon bv proclamation schedule and 
quarantine such district, prohibiting all domestic animals of the 
kind diseased from being brought into or taken from such infected 
district, and such proclamation shall, from the time of its publica- 
tion, bind all persons, and any violation of such quarantine regu- 
lations so established shall be visited with like penalties, which may 
be recovered in like manner as is provided for the violation of other 
quarantine as provided in section 4 of this act : Provided, that noth- 
ing contained in this section shall be so construed as to prevent 
the movement of any animals of the kind diseased through such 
territory under such regulations as the Board of Live Stock Com- 
missioners may prescribe, and the Governor approve. 

§ 6. Nothing' contained in this act, or any section thereof, shall 
be interpreted so as to prevent the removal or shipment of diseased 
or exposed animals, under the orders of the board created by this 
act, from one place to another by said board or its agents, by driv- 
ing along the public highway or shipment on cars or steamboats, 
when, in the opinion of said board, such removal is necessary for 
the suppression of such contagious and infectious disease. 

§ 7. Whenever quarantine is established in accordance with the 
provisions of section 2 of this act, valid notice of the same may be 
given by leaving with the owner or occupant of any premises in 
person, or delivering to any member of his family, or any employe 
over the age of ten years found on the premises so quarantined, 
notice thereof, written or printed, or partly written and partly 
printed, and, at the same time, explaining the contents thereof. 



12 ANIMALS. 



Such quarantine shall be sufficiently proven in any court by the 
production of a true copy of such notice of quarantine with a re- 
turn thereon of the service of the same in the manner above re- 
quired. Any person violating said quarantine shall be guilty of a 
misdemeanor and punished as is provided fqr in section 4 of this 
act, and, on conviction, shall be liable for all damage that may 
result to other persons in consequence of such violation : Provided, 
that any one feeling himself aggrieved by such quarantine may ap- 
peal to the full Board of Commissioners, who shall thereupon sus- 
tain, modify or annul said quarantine, as they deem proper. 

§ 8. All fines recovered under the provisions of this act shall be 
paid into the county treasury of the county in which the suit is 
tried, by the person collecting the same, in the manner now pro- 
vided by law, to be used for county purposes ; and it shall be the 
duty of State's attorneys, in their respective counties, to prosecute 
for all violations of this act. 

§ 9. All claims against the State arising from the slaughter of 
animals, as herein provided for, shall be made to said Board of 
Commissioners, under such rules and regulations as they may pre- 
scribe, 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, in cases of animals of the bovine 
species, shall be based on the fair cash market value thereof for 
beef, or for use for dairy purposes, not to exceed $75 per head; 
and, in cases of animals of the equine species, on their fair cash 
market value, not to exceed $100 per head, and report the same 
to the Governor; and the Governor shall endorse thereon his order 
to the State Auditor, who shall thereupon issue his warrant on the 
State Treasurer for the same. 

§ 10. Said Board of Commissioners, or any member thereof, and 
the State Veterinarian and his assistants, in the performance of 
their duties under this act shall have power to call on sherijffs and 
their deputies, constables and peace officers, mayors of cities, city 
and town marshals and policemen to assist them in carrying out 
its provisions, and it is hereby made the duty of all such officers 
to assist in carrying out the provisions of this act when ordered so 
to do ; and said Commissioners and the State Veterinarian and his 
assistants, shall have, while engaged in carrying out the provisions 
of this act, the same powers and protection that other peace officers 
have, and any such officer who fails or refuses to enforce the law- 
ful orders and quarantine of said board, or any member thereof, 
or any veterinarian acting under them, in the proper execution of 
the powers conferred by this act, shall be deemed guilty of a mis- 
demeanor and punished as provided in section 4 of this act. 

§ 11. The said board 'shall co-operate with any commissioner, 
or other officer, appointed by the United States for the suppression 
of contagious diseases among domestic animals, so far as the pro- 
visions of this act and the appropriations made in accordance there- 
with will allow, in suppressing and preventing the spread of con- 
tagious and infectious diseases among domestic animals in this 
State. 



ANIMALS. 13 



§ 12. It shall be the duly 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 publica- 
tion. The annual report sh9,ll 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, 

§ 13. The members of said board shall ench receive the sum of 
$5 per day for each day necessarily employed in the discharge of 
their duties, their necessary traveling expenses, and other inciden- 
tal expenses necessarily incurred in the performance of their duties 
under this act, to be paid on certified and itemized vouchers to be 
approved by the Governor. 

§ 14. All acts and parts of acts inconsistent herewith are here- 
by repealed. 

§ 15. Whereas, the Live Stock Commissioners are without power 
to suppress contagious and infectious diseases now existing among 
live stock in the State of Illinois under the present law, therefore 
an emergency exists and this act shall take effect from and after 
its passage. 

Approved April 20, 1887. 



CONTAGIOUS DISEASES. 

§ 1 amends section 2, act of 1887, by author- 1 § 2 amends section 5 by enlarging the powers 

izing the Board of Live Stock Com- ' of Governor in quarantine, 

missioners to quarantine diseased i 

animals as long as maybe necessary. 1 

An Act to amend sections 2 and 5 of an act entitled "An act to amend 
an act entitled 'An act to revise the law in relation to the suppres- 
sion and prevention of the spread of contagious and infectious diseases 
among domestic animals,'' approved June 27, 1885, in force July 1, 
1885, as amended by an act approved April 20, 1887, in force April 
20, 1887." 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections 2 and 5 of an act 
entitled "An act to amend an act entitled 'An act to revise the law 
in relation to the suppression and prevention of the spread of con- 
tagious and infectious diseases among domestic animals,' approved 
June 27, 1885, in force July 1, 1885," as amended by an act approved 
April 20, 1887, in force April 20, 1887, be amended so as to read as 
follows : 

"Section 2. It shall be the duty of said Board of Commissioners 
to cause to be investigated any and all cases or alleged cases com- 
ing to their knowledge, of contagious or infectious diseases among 
domestic animals, and to use all proper means to prevent the spread 
of such diseases, and to provide for the extirpation thereof; and in 



14 ' ANIMALS. 



the event of reasonable grounds for belief that any such contagious 
or infectious disease has broken out in this State, it shall be th& 
duty of the person owning or having in charge any animal or ani- 
mals infected with disease, or any other person having 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, or some member 
thereof, or authorized agent of the board, immediately to cause 
proper examination thereof to be made, and if said disease shall be 
found to be a dangerously contagious or dangerously infectious 
malady, said board, or any member thereof, or the State Veterin- 
arian, on any assistant veterinarian, shall order said diseased ani- 
mals, and such as have been exposed to contagion, and the premises- 
in wiiich they are, to be strictly quarantined for such time as the 
board, or any member thereof, or such veterinarian may deem 
necessary, in charge of such person as the board, or any 
member thereof, or such veterinarian shall designate, and they shall 
have power to order any premises and farms, where the disease ex- 
ists, or has recently existed, as well as exposed premises and farms,, 
to be put in quarantine, so that no domestic animal wbich has been 
or is so diseased, or has been exposed to such contagious or infec- 
tious disease, be removed from the places so quarantined, nor allow 
any healthy animal to be brought therein, except under such rule 
or regulation as the said board may prescribe ; and said board 
shall prescribe such regulations as they may deem necessary to 
prevent such disease from being communicated in any way from the 
places quarantined. In all such cases of contagious and infectious 
diseases the said board, or, in case the number of animals shall 
not exceed five, any member thereof, shall have power to order the 
slaughter of all such diseased and exposed animals. The said board 
shall have power to cause to be destroyed all barns, stables, prem- 
ises, fixtures, furniture and personal property infected with any such 
contagious or infectious disease, so far as in their judgment may h& 
necessary to prevent the spread of such disease, and where the same 
cannot be properly disinfected. When the board, upon the written 
report of the State Veterinarian, or any of his assistants, determine 
that any animal is affected with, or has been exposed to, any 
dangerously contagious or infectious disease, the board, or any mem- 
ber thereof, may agree with the owner upon the value of such ani- 
mal or property, and in case such agreement cannot be made, said 
board, or the member acting in behalf of the board, may appoint 
three disinterested citizens of the State to appraise such diseased 
animal or exposed animals or property. Such appraisers shall sub- 
scribe to an oath in writing to fairly value such animal in accord- 
ance with the requirements of this act; which oath, together with 
the valuation fixed by said appraisers, shall be filed with the board 
and be preserved by them. Upon such appraisement being made it 
shall become the duty of the owner to immediately destroy such 
animals and dispose of the same in accordance with the order 
of said board, or member thereof, and upon failure to so do 
said board or member thereof shall cause such animal or animals 



ANIMALS. 15 



or property to be destroyed and disposed of, and thereupon the said 
owner shall forfeit all right to receive the compensation allowed by 
said appraisers and provided for by this act. When the board, 
upon the written opinion of the State Veterinarian, determines that 
any barns, stables, out-buildings or premises are so infected that 
the same can not be disinfected, they may quarantine such barns, 
stables, out-buildings or premises from use for the animals that may 
be infected by such use, and such quarantine shall continue until 
removed by the board, and a violation of such quarantine shall be 
punished as is provided for violations of other quarantine by this 
act." 

" Section 5. Whenever said board shall become satisfied that any 
dangerously contagious or infectious disease among domestic animals 
exists throughout any municipality or geographical district within 
this State, and in their judgment it is necessary to quarantine such 
municipality or geographical district, in order to prevent the spread 
of such disease into contiguous territory, they shall report the same 
to the Governor, who may thereupon, by proclamation, schedule 
and quarantine such district, prohibiting all domestic animals of 
the kind diseased within such district from being moved from one 
premises to another, or over any public highway or any unfenced 
lot or piece of ground, or from being brought into, or laken from 
such infected district, except upon obtaining a special permit, signed 
by the Board of Live Stock Commissioners, or member thereof, or 
agent or officer of the board duly authorized by it to issue such 
permits ; and such proclamation shall, from the time of its publica- 
tion, bind all persons. After the publication of the aforesaid proc- 
lamation it shall be the duty of every person who owns, or is in 
charge of animals of the kind diseased, within the scheduled dis- 
trict, to report to said board within one week the number and des- 
cription of such animals, location, and the name and address of the 
owner, and during the continuance of such quarantine to report to 
said board all cases of sickness, deaths or births among such ani- 
mals. It shall also be the duty of any and all persons within 
the scheduled district receiving, having and purchasing cattle for 
slaughter to delay the killing of such animals until a veterinary 
surgeon, with authority from said board, is present to make a post- 
mortem examination of the carcasses. Any violation of the aforesaid 
quarantine regulations and prescribed duties shall be visited with 
like penalties, which may be recovered in like manner as is provided 
for the violation of other quarantine as provided in section 4 of 
this act: Provided, that nothing contained in this section shall be 
so construed as to prevent the movement of any animals of the 
kind diseased through such territory under such regulations as the 
Board of Live Stock Commissioners may prescribe and the Governor 
approve : Ajid, provided, further, that all cattle within the scheduled 
district slaughtered by orrler of the board shall not be taken from 
said district for slaughter." 

Approved June 15, 1887. 



16 



ANIMALS. 



CONTAGIOUS DISEASES. 



§ 1. Grovernor authorized to accept the rules 
and regulations of the United States, 
and to co-operate with the authorities 
of the United .states in suppressing 
diseases. 

§ 2. Inspectors of tlie United States shall 
have the right of inspection, quaran- 
tine and condemnation of animals, 
and to enforce the rules adopted 
under the act of Congress. 



3. Expenses of quarantine and damages 

for slaughter to be paid by the United 
States. 

4. Penalties for violating quarantine. 



An Act to co-operate ivith the United States in the suppression and 
extirpation of pleuro-pneumonia. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Governor is hereby 
authorized to accept on behalf of the State the rules and regula- 
tions prepared by the Commissioner of Agriculture, under and in 
pursuance of section three of an act of Congress, approved May 29, 
1884, entitled "An act for the establishment of a bureau of animal 
industry, to prevent the exportation of diseased cattle, and to pro- 
vide means for the suppression and extirpation of pleuro-pneumonia 
and other contagious diseases among domestic animals," and to co- 
operate with the authorities of the United States in the enforcement 
of the provisions of said act. 

§ 2. The inspectors of the bureau of animal industry of the 
United States shall have the right of inspection, quarantine and 
condemnation of animals affected with any contagious, infectious or 
communicable disease, or suspected to be so affected, or that have 
been exposed to any such disease, and for these purposes are here- 
by authorized and empowered to enter upon any ground or premises. 
Said inspectors shall have the power to call on sheriffs, constables 
and peace officers to assist them in the discharge of their duties in 
carrying but the provisions of the act of Congress, approved May 
twenty-nine, eighteen hundred and eighty-four, establishing a bureau 
of animal industry; and it is hereby made the duty of sheriffs, 
constables and peace officers to assist said inspectors when so re- 
quested; and said inspectors shall have the same powers and pro- 
tection as peace officers while engaged in the discharge of their 
duties. 

§ 3. All expenses of quarantine, condemnation of animals exposed 
to disease, and the expenses of any and all measures that may be 
used to suppress and extirpate pleuro-pneumonia, shall be paid by 
the United States, and in no case shall this State be liable for any 
damages or expenses of any kind under the provisions of this act. 

§ 4. Any person violating any order of quarantine made under 
this act, or any regulation prescribed by the Commissioner of Agri- 
culture for the suppression of pleuro-pneumonia, shall be guilty of 
a misdemeanor, and, upon conviction, shall be punished by a fine 



ANIMALS. 



17 



of not less than $100 nor more than $1,000, or by imprisonment 
for not more than six months, or by both such fine and imprison- 
ment. 

This bill having remained with the Governor ten days after the adjournment of the Gen- 
eral 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 28th day of Jime, 1887. 



HENRY D. DEMENT, 

Secretary of State. 



LIENS ON GET OF SIRES. 



§ 1. Owners of sires in order to have a lien 
upon get must file statement, with 
Secretary of State Board of Agricul- 
ture, giving age, description, and 
pedigree of sire, and terms and con- 
ditions of service. 

§ 2. Secretary of board shall issue certifi- 
cate. 



§ 3. 

§4. 

§ 5. 
§ 6. 
§ 7. 



Owners of sire upon receipt of certifi- 
cate shall have lien on get. 

Get of such sire shall not be exempt 
from execution and sale. 

Fees of recorder. 

Fees of State Board of Agriculture. 

Reports printed. 



An Act to protect stockbreeders withi7i the State of Illinois. 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in order to protect farm- 
ers in this State against damage resulting from breeding to sires 
advertised with bogus or fraudulent pedigrees, and to secure to the 
owners of sires payment for service, the following provisions are 
enacted : That every owner of a sire charging a service fee, in 
order to have a lien upon the'get of any such sire under the pro- 
visions of this act for said service, shall file a statement, verified 
by oath or affirmation to the best of his knowledge and belief, with 
the secretary of the State Board of Agriculture, giving the name, 
age, description and pedigree, as well as the terms and conditions 
upon which such sire is advertised for service. 

§ 2. The secretary of the State Board of Agriculture, upon the 
receipt of the statement as specified in section one (1) of this act, 
duly verified by affidavit, shall issue a certificate to the owner of 
said sire, a copy of which certificate shall be forwarded to the clerk 
of the county court in which said sire is stationed or located, and 
another copy furnished the applicant, which shall be posted by the 
owner in a conspicuous place where said sire may be stationed, 
which certificate shall state the name, age, description, pedigree 
and ownership of said sire, the terms and conditions upon which 
the sire is advertised for service, and that the provisions of this act, 
so far as relates to the filing of the statement aforesaid, have been 
complied with. 

§ 3. The owner or owners of any sire receiving such certificate 
by complying with section one (1) of this act, shall obtain and have 
a lien upon the get of any such sire for the period of four months 
from date of birth of get : Provided, said owner or owners shall, 
within six months of the time of the rendition of such service by 
such certified sire, file for record a statement of account, verified 
—2 



18 ANIMALS. 



by affidavit or affirmation, with the recorder of the county wherein 
the service has been rendered, of the amount due such owner or 
owners for said service, together with a description of the female 
served. 

§ 4. No get of any such sire shall be exempt from levy and sale 
under execution issued upon a judgment obtained in any court of 
competent jurisdiction for said service : Provided, that the court ren- 
dering such judgment shall find and certify in the record of the 
same that the plaintiff or plaintiffs have complied with the provis- 
ions of this act, and that the progeny sought to be levied upon is 
subject to the lien herein created : And, provided further, that said 
finding, together with a description of the dam of the progeny so 
liable to such lien, shall be endorsed upon the execution. 

§ 5. For filing certificate, making copy of such affidavit or affirm- 
ation, the certificate of the date of such filing, the clerk or recorder 
shall be entitled to the same fees as are provided by law for like 
service in regard to chattel mortgage. 

§ 6. The Illinois State Board of Agriculture shall have the power 
to make such charge for certificates as may be necessary to cover 
the expense of executing the law, and the treasurer of the State 
Board of Agriculture, after paying the office expenses, printing, etc., 
incident to executing the provisions of this act, shall pay into the 
treasury of the State any surplus remaining in his hands on ac- 
count of fees received through the provisions of this act. 

§ 7. The Commissioners of State Contracts shall have such a 
number of the annual reports printed and bound in third class bind- 
ing as may be deemed advisable by the State Board of Agriculture 
to obtain the greatest benefits to the breeders of improved stock in 
this State, under the provisions of this act, said reports to contain 
copies of certificates issued, and such other data of especial interest 
to live stock breeders as said Board of Agriculture may designate 
for publication therein. 

Approved June 10, 18tt7. 



PEDIGREES. 

§ 1. Provides penalties for obtaining certificate of registration upon false pretenses. 

An Act to punish false pretenses in obtaining certificates of registration 
of cattle and other animals, and to punish giving false pedigrees. 

Section 1. B'. it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That any person, who by any 
false pretense, shall obtain from any club, association, society or 
company for improving the breed of cattle, horses, sheep, swine or 
other domestic animals, a certificate of registration of any animal 
in the herd register, or other register of any such club, association, 
society or company, or a transfer of any such registration, and 



ANIMALS. 19 



every person who shall knowingly give a false pedigree of any 
animal, upon conviction thereof shall be fined not exceeding $1,0U0, 
nor less than $25, or imprisonment in the county jail for a period 
not exceeding one year, or both, in the discretion of the court. 

Approved May 13, 1837. 



RUNNING AT LARGE. 

§ 1. Amends the act of 1874 by adding three I Sec. 9. Penalties for pound masters failing 

sections. to enforce the law. 

See. 8. Pounds and pound masters. ' Sec. 10. Contested elections. 

An Act to amend "An act to revise the law in f elation to permitting 
animals to run at large," approved March 30, 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 an act entitled "An act to 
revise the law in relation to permitting animals to run at large," 
approved March 30, 1874, in force July 1, 1874, be and the same 
is hereby amended by adding thereto the following sections to be 
numbered eight (8), nine (9) and ten (10) : 

"Section 8. Where, in any county, township, town or precinct 
domestic animals or any of them shall have been restrained from 
running at large by a vote therein had, or shall hereafter be restrained 
from running at large by any vote had under the provisions of this 
act, it shall be the duty of the board of supervisors in counties under 
township organization where the vote has been held in the county, 
the supervisor where the vote has been held in the township, and 
the county commissioners in counties not under township organiza- 
tion, or in precincts where the vote has been held in such county 
or precinct, as soon as ,this law takes effect, where the vote has 
already been had but ho action taken, or as soon as a vote is 
declared in the elections to be hereafter held, to select and prepare 
a suitable pound, appoint a poundmaster and fix the amount of his 
fees and charges, which shall remain as fixed until the next annual 
election, at which time the same may be altered, changed or 
amended by a majority vote of the electors present, who shall at 
the same time elect a poundmaster for the ensuing year. 

"Section 9. It shall be the duty of the poundmaster to enforce 
the provisions of this act, and for any failure so to do, he shall be 
liable to a fine of not less than $5 nor more than $20. 

"Section 10. Any vote, held under this act, may be contested as 
other township or county elections." 

Approved June 17, 1887. 



^0 



APPROPRIATIONS. 



APPEOPEIATIONS. 



STATE BOARD OF AGRICOLTURE. 



1. Appropriates for premiums at State 
Fair and for office expenses per an- 
num 514, 800; for county and district 
about $7, 500. 



2. How drawn. 

3. Payments to county and district socie- 

ties. 



An Act making appropriations for the State Board of Agriculture and 
county and other agricultural fairs. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby 
appropriated to the State Board of Agriculture, the following sums, 
to-wit : 

For the payment of premiums at the annual State Fair and Fat 
Stock Show, the sum of five thousand dollars per annum for the 
years 1887 and 1888 ; and for the use of each county or other agri- 
•cultural society the sum of one hundred dollars per annum, to be 
paid to the treasurer of the society, for fairs held in the years 
1886 and 1887. 

For the salary of the secretary, the sum of twenty-five hundred 
dollars per annum, for the years 1837 and 1888. . 

For chief clerk, the sum of sixteen hundred dollars per annum, 
for the years 1887 and 1888. 

For clerk hire, the sum of one thousand dollars per annum for 
the years 1887 and 1888. 

For curator, the sum of eight hundred dollars per annum, for 
the years 1887 and 1888. 

For porter, the sum of eight hundred dollars per annum, for the 
years 1887 and 1888. 

For the agricultural museum, the sum of three hundred dollars 
per annum for the years 1887 and 1888. 

For the expense of collecting and compiling crop and meteoro- 
logical statistics, and proceedings of institute meetings, the sum of 
tiwelve hundred dollars per annum, for the years 1887 and 1888. 

For the agricultural library the sum of four hundred dollars per 
annum, for the years 1887 and 1888. 

For office expenses, furniture, repairs, postage, expressage, the 
sum of twelve hundred dollars per annum, for the years 1887 and 



§ "2, That on the order of the president, countersigned by the 
secretary of the State Board of Agriculture and approved by the 
Governor, the State Auditor sluill draw his warrant upon the Treas- 
urer, in favor of the treasurer of the State Board of Agriculture, 
for the sums herein appropriated : Provided, that each warrant shall 



APPROPRIATIONS. 21 



show the agricultural society for whose benefit the same is drawn, 
and that no warrant shall be drawn in favor of any agricultural so- 
ciety, unless the order aforesaid be accompanied by a certificate of 
the State Board of Agriculture, showing that such agricultural so- 
ciety held an agricultural fair during the preceding year, in com- 
pliance with the rules. and regulations, as provided by law : Provided^ 
farther, that no part of the moneys herein provided for shall be 
drawn from the public treasury prior to the first day of July, A. D. 
1887: And, provided, fartlier,. th^t no wavra-nt shall be drawn in favor 
of any agricultural society until the president and treasurer of such 
society file 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 
Agriculture, 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 appropriations received and disbursed by him. 

Approved June 13, 1887. 



EMILY J. BLACKBUiN. 

§ 1. Appropriates §2,500. 

An Act to pay to Mrs. Emily J. Blackhurn two thousand Jive hundred 
dollars on account of the death of her son, Francis J. Blackburn, 
from disease contracted while in the discharge of his duty as a private 
in Company B, First Regimejit Illinois National Guard, when in 
active service. 

Whereas, Francis J. Blackburn, on the 15th day of November, 
1886, at Chicago, after nearly five years' service as a private in 
Company B, First Kegiment Illinois National Guard, died from 
exposure and disease resulting therefrom, while in the discharge of 
his duty as a member of said regiment, when in active service, 
pursuant to the order of the Governor of the State of Illinois ; and 

Whereas, the said Francis J. Blackburn left him surviving a 
widowed mother and an unmarried, sister dependent upon him in his 
lifetime for their support ; therefore, 

Sectfon 1. Be it enacted by the People of the State of Illinois, 
represented in the General Asse^nbly: That two thousand five hundred 
dollars be and the same is hereby appropriated out of the treasury 
as compensation and relief of the said Mrs. Emily J. Blackburn, 
mother of said Francis J. Blackburn, and that the Auditor of Public 
Accounts issue his warrant on the treasury therefor. 

Approved June 16, 1887. 



22 APPEOPRIATIONS. 



JOHN R. BLACKBURN, 

§ 1. Appropriates SI, 500. I §2. How drawn. 

An Act viaking an appropriation for the relief of John R. Blackburn, 
tvho was disabled by the premature discharge of a cannon while in 
the service of the State and acting under orders as a private in 
Company F, ISth Battalion, Illinois National Guard. 

Whereas, the said John E. Blackburn, a private in Company F, 
13th [Battalion,] Illinois National Guard, while on duty and acting 
under the orders of his superior officers, at Flora, Illinois, on or 
about the 28th day of October, A, D. 1880, was seriously and per- 
manently injured and disabled by the premature discharge of a 
defective cannon, owned and furnished by the State for use on the 
occasion, and without any fault or negligence on his part, or knowl- 
edge of the defect ; therefore. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of fifteen hundred 
dollars ($1500) be and the same is hereby appropriated out of any 
money in the treasury not otherwise appropriated, as compensation 
to the said John E. Blackburn, in full for all damages sustained by 
him by reason of the injuries aforesaid while so in the service of 
the State. 

§ 2, The Auditor of Pablic 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 14, 1887. 



MANUAL H. BOALS. 
§1. Appropriates $5,493.53; how drawn. 

An Act for the relief of Manual 11. Boals, of Alton, Illinois. 

Whereas, Manual H. Boals did furnish materials which were 
actually used in the construction of the Asylum for Feeble-Minded 
Children, at Lincoln, Illinois, to the amount of three thousand four 
hundred and thirty-three dollars and forty-six cents ($3,433.46), 
which sum has been due and owing said Boals since the 10th day 
of April, 1877 ; 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of five thousand 
four hundred and ninety-three dollars and fifty-three cents be ap- 
propriated for the purpose of paying said claim with interest at 
the rate of six per cent, per annum, out of any money in the 
treasury not otherwise appropriated, and that the Auditor of Pub- 
lic Accounts be and he is hereby directed to draw his warrant on 



APPROPRIATIONS. 



23 



the State Treasurer, in favor of said Manual H. Boals, for said 
sum, and take said Boals' receipt in full for all claims against the 
State for said materials so furnished. 

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 28th day of June, 1887. 



HENRY D. DEMENT, 

Secretary of State. 



BURLINGTON MANUFACTURING COMPANY. 



§ 1. Appropriates $7,278. 



§ 2. How drawn. 



An Act to pay the Burlington Manufacturing Company for the marble 
tiling to complete the rotunda or first floor of the State House. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the sum of seven thou- 
sand two hundred and seventy- eight dollars ($7,278) be and the 
same is hereby appropriated to pay the Burlington Manufacturing 
Company for the marble tiling furnished by order of the State 
House Commissioners to complete the tiling of the first story 
rotunda of the State House, payable as hereinafter provided out of 
any moneys in the treasury not otherwise appropriated. 

§ 2. The Auditor of Public Accounts is hereby directed to draw 
his warrant on the State Treasurer for said amount out of the 
moneys of the treasury not otherwise appropriated, payable to the 
Burlington Manufacturing Company. 

Approved June 16, 1887. 



CANAL. 



1. Appropriates $20,(»00 per annum for run- 

ning expenses. 

2. How drawn. 



§ 3. Commissioners shall make auarterly 
statements to the Auditor. 



An Act making appropriations for the necessary repairs and running 
expenses of the Illinois and Michigan canal until the expiration 
of the first fiscal quarter after the adjournment of tlie next Gen- 
eral Assembly, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That for the purpose of making 
necessary repairs, and providing means to put and keep the Illi- 
nois and Michigan canal in navigable condition until after the 



24 APPROPEIATIONS. 



adjournment of the next General Assembly, there is hereby appro- 
priated from the State treasury, for the first year, the sum of 
twenty thousand dollars ($20,000) : Provided, that the Canal Com- 
missioners may use not to exceed five thousand dollars of the 
money appropriated in this item for the purpose of paying the 
expenses of the litigation now pending relating to the lake front 
adjacent to the city of Chicago. All funds used for the purposes 
of such litigation shall be expended as directed by the Attorney 
General of Illinois. And for the second year the sum of twenty 
thousand dollars ($20,000), or so much of each as may be abso- 
lutely necessary for that purpose : Provided, that no portion of the 
money hereby appropriated shall be used for the purpose above 
specilied until all the surplus earnings of the canal have been fully 
exhausted in making needed repairs and defraying necessary ex- 
penses of operating said canal. 

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

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

Appkoved May 31, 1887. 



State Charitable Institutions. 



BLIND. 



§ 1. Appropriates $32,000 per annum for or- §2. How drawn, 
dinary expenses. *l,50ii per annum 
for repairs, and SI, 200 for fire escapes. 

An Act making appropriations for the Illinois Institution for the 
Education of the Blind. 

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

For ordinary expenses, thirty-two thousand dollars ($32,000) per 
annum, payable quarterly in advance, from July 1, 1887, 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 fire escapes, twelve hundred dollars ($1,200). 



APPROPRIATIONS. 



25 



§ 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 8, 1887. 



BLIND. 



§ 1. Appropriates $8, 400 for paving and I §2. How drawn, 
laundry. I 

An Act making appropriatio7is for the Illmois Institation for the 
Education of the Blind. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That the following sums be and 
are hereby appropriated to the Illinois Institution for the Education 
of the Blind, for the purposes hereinafter named : 

For paving one-half the width of the street and connections, thirty- 
four hundred dollars ($3,4100). 

For laundry and furnishing the same, five thousand dollars- 
($5,000). 

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

Approved June 17, 1887. 



INDUSTRIAL HOME FOR THE BLIND. 



§ 1. 

§ 2. 
§3. 

§ 4. 



§ 6, 

§ 7. 



Corporation created ; powers. 

Objects of the Home.i 

Trustees ; term of office. 

Expenses of trustees paid. 

Trustees shall not be interested in con- 
tract. 

Duties of trustees, superintendent, 
officers of the board of trustees. 

Duties of superintendent. 



§ 8. Apprentices in the Home shall conform 
to the rules. 

§ 9. Report of trustees. 

§ 10. Meetings of trustees. 

§ 11. Appropriations to the Home ; how 
drawru 

§ 12. Appropriates »100,000 for land, build- 
ings and support. 



An Act to incorporate the Illinois Industrial Home for the Blind, and 
to make an appropriation therefor. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That for the manual training 
and furnishing of employment to the blind, a corporation is hereby 
created to be known and designated as the Illinois Industrial 
Home for the Blind, and to have perpetual succession, with power 
to contract and be contracted with, to sue and be sued, to plead 



26 APPROPKIATIONS. 



and be impleaded, to receive by any legal mode of transfer or 
conveyance, and to have, hold, and use property of every de- 
scription, but not to sell or convey any such property except the 
goods, wares, merchandise and other personal property prepared by 
said Home for sale, and such property shall be held in trust as 
the property of the State ; also to have and use a common seal, 
with the power to change the same, also to adopt by-laws, rules 
and regulations for the government of its members, officers, agents, 
employes and inmates : Provided, such by-laws shall not be con- 
trary to the letter or spirit of the constitution of the State of Illi- 
nois, or of the United States. 

§ 2. The object of said corporation shall be to promote the wel- 
fare of the blind by teaching them trades and affording them a 
home and such employment as shall best tend to make them self- 
supporting and consequently independent, using therefor the best 
known means and appliances. 

§ 3. The trustees shall not exceed five in number ; said trustees 
shall be appointed by the Governor of the State of Illinois, with 
ihe advice and consent of the Senate, shall serve without compen- 
sation ; their term of service shall be two years respectively, and 
until their successors are appointed and qualified : Provided, that 
three of said trustees shall be selected from members of the ma- 
jority political party of this State, and the remainder from the 
minority political party or parties. 

§ 4. Each of said trustees shall be paid his or her traveling ex- 
penses while in the service of the Home, out of the funds appro- 
priated for its use, upon filing in the office of the Auditor of Public 
Accounts the voucher of said trustees stating in detail the items of 
all such expenses, and the Auditor shall thereupon issue his war- 
rant upon the State Treasurer in favor of such trustee for the 
amount thereof and charge the same to the fund appropriated to 
said institution. 

§ 5. No trustee shall be directly or indirectly interested in any 
contract to be made by said trustees, nor shall any of them be 
appointed to, or employed in any office or position under their 
control or authority, to which a salary is attached. 

§ 6. The said trustees shall have charge of the general interests 
of the Home, and shall annually by ballot elect a superintendent 
to serve during the will and pleasure of said trustees, who shall 
fix his salary which shall not exceed fifteen hundred dollars a year, 
and he, with their consent, shall employ all necessary assistants, 
instructors and other employes. The said trustees, or a majority 
of them, when regularly convened, shall constitute a board, which 
shall possess and exert all the powers of said trustees, and shall 
have power by ballot to elect a president, secretary, and treasurer, 
the president and secretary to be selected from their own number, 
and said board shall prescribe the duties and fix the terms of ser- 
vice of said officers of said board, 

§ 7. The superintendent shall exercise official control over all 
subordinate officers, instructors, assistants and employes, and shall 
be held responsible for their fidelity. 



APPEOPR'ATIONS. 27 



§ 8. Apprentices placed by their parents or guardians in the 
Home shall be required to conform to its rules and regulations. 

§ 9. The board shall, annually, before December 15, report to 
the Governor of the State the number of applications received, per- 
sons admitted, instructed and discharged ; also the progress made 
and work accomplished, and all other matters of general interest to 
the people of the State of Illinois in regard thereto, together with 
Sb full, explicit, and detailed statement of all money received and 
disbursed during the year. 

§ 10. The said trustees shall meet monthly during the first year, 
and at least quarterly thereafter, to examine and audit all the ac- 
counts of the Home, and make requisitions on the Auditor of Public 
Accounts for funds required for use during the succeeding month or 
■quarter, from funds which have been appropriated ior the establish- 
ment and maintenance of the institution. 

§ 11. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrants on the Treasurer of the State for all 
sums which shall or may be appropriated and remain undrawn or 
unexpended, for the use of said institution, by the General Assem- 
bly, upon the order of the Board of Trustees of the Illinois Indus- 
irial Home for the Blind, when signed by the president and attested 
by the secretary of said board with the seal of said institution. 

§ 12. The sum of one hundred thousand dollars is hereby appro- 
priated for the purchase of lands, grounds, or real estate in the 
county of Cook and State of Illinois, and for the purpose of erecting 
thereon suitable buildings, and fitting and furnishing the same ap- 
propriately for the Illinois Industrial Home for the Blind, and also 
for the purpose of conducting therein workshops for the manual 
training and employment of the blind, defraying the expenses of 
"boarding the inmates while necessary, and the payment of its super- 
intendent, instructors, assistants, and employes, which sum of money 
is to be expended under the safeguards hereinbefore provided : Provided, 
at least the sum of sixty thousand dollars (|60,00U) shall be expended 
in the purchase of real estate and buildings for the use of said In- 
dustrial Home for the Blind, and no more than one thousand dol- 
lars ($1,000) shall be expended in constructing and furnishing 
I'ooms for officers : Provided, further, no real estate shall be pur- 
chased until the title to the same shall have been examined by the 
Attorney General of the State. 

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

Witness my hand this 13th day of June. A. D. 1887. 

HENEY D. DEMENT, 

Secretary of State. 



28 APPROPRIATIONS. 



DEAF AND DUMB. 



§ 1. Appropriates as follows : 

For ordinary expenses per annum, 

$10(1,000. 
For repairs and improvements per an- 
num, S4,000. 



For library per annum, S500. 
For cottage for little girls, «8,000. 



An Act making appropriations for the support of the Illinois Institu- 
tion jor the Education of the Deaf and Dumb, and for other ex- 
penses thereof. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That for the purpose of defraying 
the ordinary expenses of the Illinois Institution for the Education 
of the Deaf and Dumb, the sum of one hundred thousand dollars 
($100,000) per annum is hereby appropriated out of the State 
Treasury, payable quarterly in advance, from the first day of July, 
1887, 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 four thousand dollars 
($4,000) per annum for repairs and improvements ; five hundred 
dollars ($500) per annum for pupils' library ; eight thousand dollars 
(|8,000) for the erection of a cottage for little girls. 

§ 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 10, 1887. 



EYE AND EAR INFIRMARY. 

§ 1. Appropriates $25,000 per annum for §3. How drawn, 
ordinary expenses. 

§ 2. Appropriates $1, 000 per annum for re- 
pairs and improvements, and for 
furniture and boilers $5,000. 

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

Section 1. Be in enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there is hereby appropriated 
to the Illinois Charitable Eye and Ear Infirmary, at Chicago, the 
sum of twenty-five thousand dollars per annum for ordinary ex- 
penses, payable quarterly in advance, from the 1st day of July, 
1887, until the expiration of the first fiscal quarter after the adjourn- 
ment of the next General Assembly. 

§ 2. For the purpose of making needed repairs and improve- 
ments the sum of one thousand dollars per annum ; for additional, 
furniture the sum of three thousand dollars ; for two sixteen feet, 
tubular boilers, the sum of two thousand dollars. 



APPROPKIATIONS. 29 



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

Appeoved June 13, 1887. 



FEEBLE-MINDED CHILDREN. 

!§ 1. Appropriates for ordinary expenses, I § 2. How drawn, 

per annum, $62,000; repairs per an- | 

num, $2, 000 ; improvement of grounds, I 

«500; new boilers, $2,000. I 

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

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

For ordinary expenses, the sum of sixty-two thousand dollars 
($62,000) per annum, payable quarterly in advance from the first 
day of July, 1887, to the expiration of the first fiscal quarter after 
the adjournment of the next General Assembly. 

For repairs and improvements, two thousand dollars ($2,000) per 
annum. 

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

For the purchase of two new boilers, two thousand dollars ($2,000). 

§ 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 provided by law. 

Approved June 8, 1887. 



feeble-minded children. 

• § 1. Appropriates %, 000 for sewer. 

An Act making an appropriation to the Illinois Asylum for Feeble- 
Minded Children at Lincoln. 

Section 1. Be in enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of five thousand 
dollars ($5,000), or so much thereof as may be necessary, be and 
is hereby appropriated to the Illinois Asylum for Feeble-Minded 
Children at Lincoln, for sewer construction. 



30 



APPROPRIATIONS. 



§ 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 8, 1887. 



EASTERN HOSPITAL FOR THE INSANE. 



For improvement of grounds, per annum, 

$1,000. 
For special, $28,000. 
. How drawn. 



§ 1. Appropriates as follows : 

For ordinary expenses, per annum, 
$240,000. 

For repairs and improvements, per an- 
num, $10,000. 

For stock and farm implements, per an- 
num, $1,500. 

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

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

Painting, inside and outside, $5,000. 

Furniture and fixtures, $10,000. 

Mortuary building, $3,000. 

Land, $10,000. 

Kepairs and improvements, per annum for two years, $10,000. 

Library for patients, per annum for two years, $500. 

Additional' stock and farrn implements, per annum for two years, 
$1,500. 

Improvement of grounds, per annum for two years, $1,000. 

For ordinary expenses for one year from July 1, 1887, the sum 
of two hundred and forty thousand ($240,000) dollars, and from 
July 1, 1888, at the rate of two hundred and forty thousand 
($240,000) dollars 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 improvements herein shall be the full amounts for the objects 
specified, and the trustees shall not contract for any portion of the 
above improvements or expend any portion of the appropriations 
hereby made, unless the said appropriations are sufficient to complete 
all the said improvements and finish the same. 

Approved June 10, 1887. 



APPROPRIATIONS. 31 



EASTERN HOSPITAL FOR THE INSANE. 

§ 1. Appropriates as follows : For improve- I § 2. How expended, 
ments, $14, 500. I § 3. How drawn. 

An Act making appropriations for the Eastern Hospital for the Insane, 

at Kankakee. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the following amounts be 
and are hereby appropriated to the Illinois Eastern Hospital for the 
Insane, at Kankakee, for the purpose of providing the said hospital 
with necessary means to take care of 1,600 patients : 

For construction of bakery and store-room for flour, $6,000. 

For additional boilers, chimney-stack and coal-house, $7,000. 

For additional stock barn, $1,500. 

§ 2, The trustees shall not contract for, nor begin the erection 
of, any buildings or other improvements which cannot be fully com- 
pleted 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 pur- 
poses of this act, namely: To make the earliest and fullest pro- 
vision for the insane of this State which may be expedient and 
possible : Provided, no portion of any sum herein appropriated 
shall be diverted from the specific purpose for which it is appro- 
priated. 

§ 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 13, 1887. 



CENTRAL hospital FOR THE INSANE. 

§ 1. Appropriates $157,250 per annum, and I § 2. How drawn. 
$10,000 special. I 

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

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the following amounts be 
and are hereby appropriated to the Illinois Central Hospital for the 
Insane, at Jacksonville : 

For defraying the ordinary expenses of said hospital from July 1, 
1887, until the expiration of the first fiscal quarter after the ad- 
journment of the next General Assembly, the sum of one hundred 
and fifty thousand ($150,000) dollars per annum, payable quarterly 
in advance. 

For repairs and contingent fund, the sum of seven thousand 
($7,000) dollars per annum. 



32 



APPROPRIATIONS. 



For improvement of grounds, two hundred and fifty (|250) dollars 
per annum. 

For extending eighteen (18) dining-rooms, five thousand ($5,000) 
dollars. 

For removing and rebuilding piggery, one thousand ($1,000) dol- 
lars. 

For procuring steam boilers and putting the same in place, con- 
nected up ready for use, four thousand ($4,000) dollars : Provided, 
in case the amount herein appropriated for boilers and extension of 
dining-rooms prove insujfficient, the work may be completed from 
the amount appropriated for repairs and contingent fund. 

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

Approved June 13, 1887. 



NORTHERN HOSPITAL FOR THE INSANE. 



]. Appropriates a.s follows : 
For ordinary expenses per annum, 598,000 
For repairs and improvements per an- 
num, S5, 000. 



For care of grounds per annum, $1, 000. 
Special, $17,345. 



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, 
represented in the General Assembly: That the following amounts be, 
and are hereby appropriated to the Illinois Northern Hospital for 
the Insane, at Elgin, for the purposes hereinafter named and for no 
other : 

1. For defraying the ordinary expenses of said hospital from , 
July 1, 1887, until the expiration of the first fiscal quarter after 
the adjournment of the next General Assembly, the sum of ninety- 
eight thousand dollars ($98,000) per annum, payable quarterly in 
advance ($196,000). 

2. For repairs and improvements, the sum of five thousand dol- 
lars ($6,000) per annum ($10,000). 

3. For care and improvement of grounds, one thousand dollars 
($1,000) per annum ($2,000). 

4. For additions to present buildings, enlargement of bakery, 
dining-room, etc., the sum of three thousand three hundred and 
forty-five dollars ($3,345). 

5. For placing iron fire-proof doors between the different sections 
of the building; constructing fire-proof walls and extending same 
through the attics to the roof, the sum of eight thousand dollars 
($8,000). 



APPROPRIATIONS. 



6. For hose-house, with tower and building for the manufacture 
of soap, blacksmithing and other purposes, including fireman's out- 
fit of rubber clothing and soap fixtures, six thousand dollars ($6,000). 

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

Approved June 13, 1887. 



SOUTHERN HOSPITAL FOR THE INSANE. 

§ 1. Appropriates $109,000 per annum and i § 2. How drawn. 
$2, 477 special. I 

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, 
represented in the General Assembly: That the following amounts be 
and are hereby appropriated to the Southern Hospital for the In- 
sane, at Anna, for the purpose herein named : 

For ordinary expenses, the sum of one hundred and three thou- 
sand and five hundred dollars per annum, payable quarterly in ad- 
vance, from July 1, 1887, until the expiration of the first fiscal 
quarter after the adjournment of the next General Assembly. 

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

For care and improvement of grounds, five hundred dollars per 
annum. 

For a new pump at Big Spring, nine hundred and seventy-seven 
dollars. 

For moving and refitting house for engineer, five hundred dollars. 

For fire escapes, one thousand 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 
provided by law. 

Approved June 14, 1887. 



34 APPROPKIATIONS. 



SOLDIERS AND SAILORS HOME. 

§ 1. Appropriates $45,000 for the ordinary and contingent expenses of the Home until 

June 30. 1887. 

An Act making appropriations for the ordinary and other expenses 
of the Illinois Soldiers' and Sailors' Home, at Quincy, until the 
thirtieth day of June, A. D. 1887. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the following amounts be 
and are hereby appropriated to the Illinois Soldiers' and Sailors' 
Home, at Quincy, for the purposes hereinafter named, and for no 
other : 

For ordinary expenses, the sum of forty thousand dollars (|40,000). 

' For contingent expenses, the sum of five thousand dollars ($5,000). 

§ 2. The money herein appropriated shall be due and payable to 
the trustees of the said Illinois Soldiers' and Sailors' Home, at 
Quincy, or their order, only on the terms and in the manner now 
provided by law. 

§ 3. Whereas, the sum above appropriated will be needed to 
sustain said Home prior to the first day of July, 1887, therefore an 
emergency exists, and this act shall take effect from and after its 
passage. 

Approved March 1, 1887. 



SOLDIERS AND SAILORS HOME. 

5 1, Appropriates for the year 1887, $100,000, I §2. How drawn, 
and for the year 1888, 1124, 500, and 
$137, 000 for bunding purposes. 1 

An Act making appropriatio)is for the ordinary and other expenses of 
the Soldiers' and Sailors' Home, at Quincy. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the Genercd Assembly: That the following amounts be 
and are hereby appropriated to the Illinois Soldiers' and Sailors' 
Home, at Quincy, for the purposes hereinafter named, and for no 
other : 

For ordinary expenses from July first, A. D. 1887, until the first 
day of July, A. D. 1888, the sum of one hundred thousand dollars 
($100,000), and from the first day of July, A. D. 1888, until the 
expiration of the first fiscal quarter after the adjournment of the 
next General Assembly, the sum of one hundred and twenty-four 
thousand five hundred dollars ($124,500), payable quarterly in 
advance. 

For hospital building, twenty-five thousand dollars ($25,000). 

For furnishing and equipping hospital, three thousand five hun- 
dred dollars ($3,500). 



APPROPRIATIONS. 85 



For fencing boundary line and railroad, bridging railroad, making 
roadways and walks and improvement of grounds, six thousand 
dollars (|6,000). 

For farm buildings and necessary outbuildings, five thousand 
dollars ($5,000). 

For additional boilers, three thousand dollars ($3,000). 

For additional cottages, complete and furnished, eighty-seven 
thousand six hundred dollars ($87,600) : Provided, that the total 
cost of each cottage, completed and furnished, shall not exceed 
seven thousand three hundred dollars ($7,300). 

For services of architect, superintendent of construction and con- 
tingent fund, six thousand dollars ($6,000). 

For the purchase of additional land, nine hundred dollars ($900). 

§ 2. The moneys herein appropriated shall be due and payable 
to the trustees of the said Illinois Soldiers' and Sailors' Home, at 
Quincy, or their order, only on the terms and in the manner now 
provided by law. 

Approved June 14, 1887. . 



SOLDIERS ORPHANS HOME. 

§ 1. Appropriates $55,000 per annum and $3,500 special. 

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

Normal. 

Section 1. Be it enacted by the People of .the State of Illinois, 
represented in the General Assembly: That the following sums be and 
are hereby appropriated to the Soldiers' Orphans' Home at Normal, 
for the purposes hereinafter named: 

For ordinary expenses, the sum of fifty-five thousand (55,000) 
dollars per annum, payable quarterly in advance, from the first 
day of July, 1887, to the expiration of the first fiscal quarter after 
the adjournment of the next General Assembly. 

For repairs and improvements, three thousand (3,000) dollars. 

For books and paper for pupils' library, five hundred (500) 
dollars. 

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

Approved June 14, 1887. 



APPROPRIATIONS. 



DAIRYMEN S ASSOCIATION. 

§ 1. Appropriates $500 to aid in publishing I S 2. How drawn, 
report. I 

An Act to aid the Illinois Dairymen s Association in compiling, 
puhlishinri and distributing its 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 its 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 June 10, 1887. 



DAVIS AND LOGAN MEMORIAL SERVICES. 

§ 1. Appropriates S300 to pay the expenses I § 2. How drawn, 
of a memorial service by the 35th | § 3 Emergency 
General Assembly in honor of David 
Davis and John A. Logan, United 
States Senators from Illinois. ! 

An Act to appropriate the sum of three hundred dollars to pay the 
necessary expenses of holding joint memorial services, to be held in 
the hall of the House of Representatives, on the 22d day of Feb- 
ruary, 1887. ■ 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of three hundred 
dollars, or so much thereof as may be necessary, be and is hereby 
appropriated, out of any moneys now in the State treasury, not 
otherwise appropriated, to defray the necessary expense of holding- 
memorial service, to be held in the hall of the House of Eepresen- 
tatives, on the 22d day of February, 1887, on the life, character 
and public services of Hon. David Davis and Hon. John A. Logan. 

§ 2. That said sum, or so much thereof as may be necessary, 
be paid upon vouchers duly attested by the chairman of the Senate 
and House joint committee on joint memorial exercises, and ap- 
proved by the President of the Senate and Speaker of the House 
of Eepresentatives. 

§ 3. Whereas an emergency exists, therefore this act shall be 
in force and take effect from and after its passage. 

Approved February 22, 1837. 



APPKOPKIATIONS. 37 



GENERAL ASSEMBLY — INCIDENTAL EXPENSES. 

§ 1. Appropriates $15,000 for the incidental I § 2. How drawn, 
expenses of the 35th General As- s 3 Emergencv 
sembly. I " 

An Act to provide for the incidental expenses of the Thirty-fifth Gen- 
eral Assembly, and for the care and custody of the iState House and 
grounds, incurred or to he incurred, and now unprovided for. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of fifteen thou- 
sand dollars ($15,000), or so much thereof as may be required, is 
hereby appropriated to pay the incidental expenses of the Thirty- 
fifth General Assembly, or either branch thereof, or by the Secre- 
tary of State in the discharge of the duties imposed on him by 
law, or by the direction of the General Assembly, or either branch 
thereof, all expenditures to be certified 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 and the General Assembly, therefore an 
emergency exists, and this act shall take effect from and after its 
passage. 

Approved February 17, 1887. 



general assembly — EMPLOYES. 

§ 1. Appropriates S50, 000 for the payment of 1 §2. Emergency, 
the employes of the 30th General As- 
sembly. I 

An Act making additional appropriation for the payment of the em- 
ployes of the Thirty fifth General Assembly. 

Section 1. Be it enacted by the People of the Stute of Illinois, rep- 
resented in the General Assembly: That there be and is hereby ap- 
propriated an additional sum of fifty thousand dollars (|50,000), or 
so much as may be necessary to pay the employes of the Thirty- 
fifth General Assembly, at the rate of compensation allowed by 
law; said employes to be paid upon rolls certified to by the presid- 
ing officers of the respective houses, or as otherwise provided by 
law. • 

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

Approved April 14, 1887. 



38 APPPtOI-iJIATIONS. 



NEXT GENERAL ASSEMBLY AND STATE OFFICERS. 

§ 1. Appropriates 5800,000 for the pay of officers and members of the next General Assem- 
bly and tlie salaries of State officers. 

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

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there be and hereby is ap- 
propriated the sum of eight hundred thousand dollars (|800,000), 
or such sum as may be necessary to pay the officers and members 
of the next General Assembly, and the salaries of the officers of 
the State government, at such rate of compensation as is now, or 
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 10, 1887. 



HORTICULTURAL SOCIETY. 

§ 1. Appropriates $2, 000 per annum. 

An Act making an appropriation in aid of the Illinois Horticultural 

Society. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there be and hereby is ap- 
propriated for the use of the Illinois State Horticultural Society, 
the sum of two thousand dollars (|2,000) per annum for the years 
1887 and 1888, to be expended by said society for the purpose and 
in the manner specified in "An act to reorganize the Illinois State 
Horticultural Society," approved March 24, 1874. 

Approved June 10, 1887. 



J. C. LE MAY. 

§ 1. Appropriates S300. I § 2. How drawn'. 

An Act for the relief J. C. LeMay, of Macoupin county, Illinois, 
, and making an appropriation for his benefit. 

Whereas, the said J. G. LeMay was in the month of May, 1885, 
the owner of four (4) mares, of the value of eight hundred dollars 
($800), which said mares were then infected incurably with con- 
tagious and infectious glanders ; and, 



APPROPRIATIONS. 39 



Whereas, the said J. C. LeMay, in the early part of May, 1885, 
notified N. H. Paaren, then State Veterinarian, of the fact that he 
believed his said mares were so glandered, and requested the said 
Paaren to, at once, examine them for the purpose of ascertaining 
whether or not they were so glandered, as was the legal duty of 
the said Veterinarian, being so notified ; and. 

Whereas, said Veterinarian failed to promptly examine said 
mares, or cause the same to be examined by some person legally 
authorized so to do, as was his legal duty, and did not examine 
them until the 13th day of August, 1885, when he did examine said 
mares, and did decide that they were incurably infected with con- 
tagious and infectious glanders, and did direct that they be 
destroyed within three days from the said 13th day of August, 1885, 
which was done in pursuance of said order; and, 

Whereas, for more than a month from and after the time said 
Veterinarian was notified of the condition of said animals, the law 
allowing the owner of animals slaughtered under like circumstances, 
compensation for the same, remained in full force, and the prem- 
ises considered, said animals should have been examined and 
slaughtered within said period ; and. 

Whereas, the said J. C. LeMay is, under the circumstances, 
justly entitled to compensation for his said mares ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of three hundred 
dollars be, and the same is hereby, appropriated to the use and 
benefit of the said J. C. LeMay, in full payment for his said four 
(4) mares so destroyed by order of said State Veterinarian. 

§ 2. Upon a release being filed by the said J. C. LeMay with 
the Auditor of Public Accounts, of all damages sustained by him 
by reason of the destruction of said mares by said order of said 
Veterinarian, the Auditor of Public Accounts shall draw his war- 
rant for the sum of three hundred dollars on the State Treasurer, 
payable to the said J. C. LeMay out of any funds not otherwise 
appropriated in the State treasury, and the State Treasurer shall 
pay the same out of any money in the State treasury not otherwise 
appropriated. 

Approved June 17, 1887. _ 



LINCOLN homestead. 



§ 1. Appoints a board of trustees to receive 
tlie property in trust for the State. 

§ 2. Care and custody. 



§ 3. Expenditure of moneys for keeping in 
repair; to keep it open and employ a 
custodian. 

§ 4. Appropriates $3, 800. 

§ 5. Report of board. 



40 APPROPKIATIONS. 



An Act to create a hoard 0/ trustees to take and hold the title to 
the homestead of Abraham Lincoln, in the city of Springfield, in 
the State of Illinois, in trust for the State of Illinois, and to 
provide for the care and custody thereof, and to appropriate money 
for paying the custodian to keep and exhibit said homestead arid 
the relics and curiosities there collected. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Governor, Secretary 
of State, Auditor, Treasurer, and Superintendent of Public Instruc- 
tion, of the State of Illinois, and their successors in office, shall 
constitute a board of trustees, and, by the name and style of the 
Lincoln Homestead Trustees, shall have power to receive a convey- 
ance from Eobert T. Lincoln and his wife, of Chicago, Illinois, of 
the homestead of the late Abraham Lincoln, and situate at the 
corner of Eighth and Jackson streets, in the city of Springfield, in 
the State of Illinois, and to hold the same in perpetuity, but in 
trust for the State of Illinois ; to execute in said name and style, 
and deliver to the said Eobert T. Lincoln, a contract covenanting 
with the said Eobert T. Lincoln and his heirs, that said homestead 
shall be forever kept in good repair and free of access to the public, 
under such regulations as they may deem wise, for the proper pre- 
servation of the property and relics and curiosities there collected. 

§ 2. Said board shall have full authority over and control of 
said homestead : shall have power to contract with reference to the 
proper care and custody thereof, and of the relics and curiosities 
there collected, and with reference to repairs of the said homestead, to 
the employment of persons to exhibit the same to the public, and in 
said name and style may sue and be sued in reference to any 
matters appertaining to the powers and trusts hereby created. 

§ 3. It shall be the duty of said trustees to use the moneys that 
may from time to time be appropriated by the General Assembly, 
so far as can be done with such moneys, to keep said premises in 
good repairs-; to keep the same open and free of access to the pub- 
lic at all seasonable hours on week days, and to employ a custodian 
to care for said premises, and exhibit the same and the relics and 
curiosities there collected to the public. 

§ 4. There is hereby appropriated the sum of three thousand 
eight hundred dollars to defray the expenses of repairing said 
premises and employing custodians and carrying out the purposes 
of this act, for the period of two years after the approval of this 
act, and to be paid out of any moneys in the treasury of the State 
not otherwise appropriated, on warrants of the Auditor upon the 
Treasurer, on the direction of a majority of said board, from time 
to time as the same may be required for the purposes of this act. 

§ 5. Said board shall report to each General Assembly before 
the twentieth day of the session, a detailed account of all their 
transactions, and of all expenditures made by them, and also such 
recommendations as they may deem proper for the consideration of 
the General Assembly. 

Approved June 16, 1887. 



APPE0PRIATI0NS4 



LINCOLN MONUMENT. 



§ 1. Appropriates $10, 000 for repairs. 



§ 2. How drawn. 



An Act making an appropriation for the repairs of the Lincoln Mon- 
ument, near Springfield, Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of ten thousand 
dollars, or as much thereof as may be required, be and the same 
is hereby appropriated out of any money in the treasury not other- 
wise appropriated, for the purpose of repairing the Lincoln Monu- 
ment at Oak Eidge Cemetery near Springfield, Illinois. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant upon the^State Treasurer for said sum, 
in favor of and payable to the order of the treasurer of the Lincoln 
Monument Association, having the care of and control of said 
monument, upon bills of particulars certified to by the Executive 
Committee of the Lincoln Monument Association, approved by the 
Governor. 

Approved June 13, 1887. 



LIVE stock commissioners. 

§ 1. Appropriates the sum of $35, 398.78 for I § 2. Emergency, 
the payment of damages for animals 
slaughtered by order of the board. | 

An Act to appropriate the money turned into the State treasury by 
the Board of Live Stock Commissioners, the proceeds of the sale of 
the lf,ealthy carcasses of cattle slaughtered in Chicago, -by order of the 
board, on account of exposure to pleuro -pneumonia, for the payment 
of damages for animals slaughtered tinder the provision of law. 

Whereas, the Board of Live Stock Commissioners of the State 
of Illinois, in the discharge of their dirties as provided by law, 
have slaughtered a large number of cattle in the city of Chicago, 
on account of the existence of pleuro-pneumonia therein, and the 
exposure of cattle thereto, and have received in addition to the 
expense incurred in said slaughter, the sum of $35,398.78, as the 
net proceeds of the sales of the carcasses and hides of such of^ said 
animals as were pronounced healthy on post-mortem examination, 
which amount has been paid by the board into the State treas- 
ury ; and 

Whereas, the balance remaining of the fund appropriated by 
the Thirty-fourth General Assembly for the payment of such slaugh- 
tered animals is insufficient to pay all claims arising out of the 
aforesaid slaughter, and that will arise before another appropria- 
tion is available, and said claims have accrued to the owners and 
have been certified to the Governor by the board ; therefore. 



42 APPROPKIATIONS. 



Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be and is hereby 
appropriated the sum of $35,898.78 (being the amount paid into 
the State treasury by the said Board of Live Stock Commissioners 
as above) for the payment of damages awarded for animals slaugh- 
tered on order of the Board of Live Stock Commissioners, under 
existing laws. 

§ 2. Whereas, as set forth in the preamble of this act, an emer- 
gency now exists, this act shall be in force from and after its pass- 
age. 

Approved March 30, 1887. 



LIVE STOCK COMMISSIONERS. 

§ 1. Appropriates $15,000 for the expenses of the board until June 30, 1887. 

An Act making appropriation to enable the Board of Live Stock Com- 
missioners to carry out the provisions of law until July 1, 1887. 

Whereas, the appropriation of ten thousand dollars made by the 
Thirty-fourth General Assembly to pay the expenses of the Board 
of Live Stock Commissioners for two years would have been barely 
sufficient for that purpose under ordinary circumstances ; and 

Whereas, the recent outbreak of pleuro-pneumonia in Chicago 
and Cook county necessitated the constant attendance of the said 
board at Chicago since the 18th day of September, I880, and the 
constant employment of several veterinarians in investigating and 
eradicating the dread disease, thus entailing a heavy expense ; and 

Whereas,^ that appropriation of ten thousand dollars is now ex- 
hausted, and the Board of Live Stock Commissioners have no funds 
to pay the expenses of further prosecuting the investigation and 
eradication of the said disease, and other contagious diseases among 
domestic animals in the State, until another appropriation is avail- 
able; and 

Whereas, a suspension of this work would cause a. great loss and 
damage to the live stock interests of the State and render useless 
all that has been hitherto done in this regard; therefore. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of fifteen thousand 
dollars ($15,000), or so much thereof as shall be necessary, be and 
the same is hereby appropriated out of any moneys in the State 
treasury not otherwise appropriated, for the purpose of carrying 
out the provisions of "An act to revise the law in relation to the 
suppression and prevention of the spread of contagious and infec- 
tious diseases among domestic animals," approved June 27, 1885, 
in force July 1, 1885, or any amendments thereto, till July 1, 1887 : 



APPKOPEIATIONS. 43 



Provided, that no part of this sum shall be used for the payment 
of damages for animals slaughtered under the provisions of that 
act. 

§ 2. Whereas, as shown in the foregoing preamble, an emergency 
now exists, this act shall be in force from and after its passage. 

Approved February 4, 1887. 



LOGAN MONUMENT. 

§1. Names a board of commissioners , to I §2. Provides that the commissioners shall 
erect a monument to the memory of receive no compensation for services. 

Gen. John A. Logan. I §3. Appropriates 150,000 for a monument. 

An Act to appropriate fifty thousand dollars ($50,000) to erect a monu- 
ment to John A. Logan, and for the appointment of commissioners 
therefor. 

Section ]. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That Henry W. Blodgett, 
William C. Goudy, Kobert T. Lincoln, John M. Palmer, Milton 
Hay, Eichard S. Tuthill, WiUiam H. Harper, Melville W. Fuller, 
John E. Walsh, Oliver A. Harker, William S. Morris and George 
W. Smith be, and they are hereby, constituted commissioners to 
erect a monument in honor of John A. Logan, deceased, at such 
point in the city of Chicago, or elsewhere in the State of Illinois, 
as ' may be selected by his widow, and they are hereby authorized 
and empowered to receive proposals and to contract for the com- 
pletion of such monument, and to receive subscriptions therefor: 
Provided, that such commissioners shall not obligate the State of 
Illinois to exceed the sum named in section three of this act. 

§ 2. Such commissioners shall receive no compensation for their 
services. 

§ 3. For the purpose of defraying the cost of such monument, 
beyond such amounts as may be received by voluntary contribution, 
the sum of fifty thousand dollars ($50,000) is hereby appropriated 
out of the State treasury, and the Auditor of Public Accounts is 
hereby authorized to draw his warrant on the State treasury for 
such amount, out of the moneys in {he treasury not otherwise ap- 
propriated, upon the certificate of a majority of such commissioners 
from time to time during the progress of the work. 

Approved February 10, 1837. 



44 



APPROPRIATIONS. 



LOGAN MONUMENT. 



1. Amends section 1 of the original act by 
authorizing park commissioners to 
grant permission to erect said monu- 
ment in a public park. 



° 2. Adds section 4 to the original act, an 

"emergency" clause. 
§ 3. Amends the title ot the original act. 
§ 4. Emei'gency. 



An Act to amend section 1, to add section 4 and to amend the title 
of an act entitled "A71 act to appropriate fifty thousand dollars 
{$50,000) to erect a monument to John A. Logan, and for the 
appointment of commissioners therefor,'' approved February 10, 
1887, and to add the emergeyicy clause to said act as section 4. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 1 of an act en- 
titled "An act to appropriate fifty thousand dollars ($50,000) to 
erect a monument to John A. Logan and for the appointment of 
commissioners therefor," approved February 10, 1887, 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 Henry W. Blodgett, 
WiUiam C. Goudy, Eobert T. Lincoln, John M. Palmer, Milton 
Hay, Kichard S. Tuthill, William H. Harper, Melville W. Fuller, 
John E. Walsh, Oliver A. Harker, William S. Morris and Greorge 
W. Smith be and they are hereby constituted commissioners to 
erect a monument in honor of John A. Logan, deceased, at such 
point in the city of Chicago, or elsewhere in the State of Illinois, 
as may be selected by his widow, and they are hereby authorized 
and empowered to receive proposals and to contract for the com- 
pletion of such monument, and to receive subscriptions therefor: 
Provided, that such commissioners shall not obligate the State of 
Illinois to exceed the sum named in flection three of this act : 
And, provided, further, that if the place selected by the widow of 
said John A. Logan for the site of such monument shall be located 
in or upon any public park or boulevard under the government and 
control of any iDoard of park commissioners, such board of park 
commissioners shall be and they are hereby authorized, empowered 
and directed to allow such monument; to be placed upon the site 
so selected by said widow, and to provide that such monument 
shall be made the permanent resting place of the remains of said 
John A. Logan, and of his said widow after her death," 

§ 2. That said act named in the caption hereto be and the same 
is hereby further amended by adding the emergency clause thereto 
as section 4, so as to read as follows : 

"Section 4. Whereas, an emergency exists, this act shall take 
effect and be in force from and after its passage." 

§ 3. That the title of said act be so amended as to read as 
follows : 

"An act to appropriate fifty thousand dollars ($50,000) to erect a 
monument to John A. Logan, for the appointment of commissioners 
therefor, and to provide for the location of the same in or upon a 



APPROPRIATIONS. 45 



public park or boulevard under the government and control of a 
board of park commissioners, and to provide for making the same 
the permanent resting place of the said John A. Logan and of his 
widow after her decease." 

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

Approved May 31, 1887. 



JOHN A. LYLE. 

§ 1. Appropriates $3,000. I §2. How drawn. 

An Act making an appropriation for the relief of John A. Lyle, who 
was disabled through the premature discharge of a piece of ordnance 
belonging ta the State Arsenal. 

Whereas, at a soldiers' re-union, held at Sterling, Illinois, on the 
20th day of February, A. D. 1874, John A. Lyle, who served three 
years in Company "E," 92d Regiment Illinois Mounted Infantry, 
was deprived of both arms, through the premature discharge of a 
piece of ordnance belonging to the State of Illinois, and furnished 
for said occasion by proper requisition ; and 

Whereas, said piece of ordnance was unsafe to handle, for reason 
of being honeycombed so that it held fire, thereby causing a pre- 
mature discharge, and the loss to the said John A. Lyle of both of 
his arms, as aforesaid ; therefore. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of three thousand 
dollars ($3,000) be appropriated out of the treasury out of any 
funds not otherwise appropriated, for the purpose of compensating 
the said John A. Lyle, in full, for all damages that may have 
accrued to him through the premature discharge of said piece of 
ordnance. 

§ 2. The Auditor of Public Account^ is hereby authorized and 
directed to draw his warrant upon the State Treasurer for the sum 
in this act specified, to the order of said John A. Lyle, and the 
State Treasurer shall pay the same out of any funds in the State' 
treasury not otherwise appropriated. 

Approved June 6, 1887. 



46 APPROPKIATIONS. 



PETER MC GEE. 

§ 1. Appropriates $1,500. | §2. How drawn. 

An Act to make an appropriation for the relief of Peter McGee, who 
was disabled by the premature discharge of a cannon belonging to 
the State of Illinois, at a re-union of the Army of the Tennessee. 

Whereas, said cannon was honeycombed and unfit for use ; and 

Whereas, said Peter McGee by said premature discharge lost his 
right hand and use of arm, and was otherwise disabled ; therefore. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Asseinbly: That the sum of fifteen hundred 
dollars be and the same is hereby appropriated out of any money 
in the treasury not otherwise appropriated, for the relief of said 
Peter McGee, which sum shall be in full for all damages he sus- 
tained through the premature discharge 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 
fifteen hundred dollars to the order of the said Peter McGee, and 
the State Treasurer is hereby authorized to pay the same out of 
any money in the State 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 flle it with his objections in my 
office before the expiration of said ten days, it has thereby become a law. 

Witness my hand this 28th day of June, 1887. 

HENEY D. DEMENT, 

Secretary of State. 



COSTS IN TRIAL OF MICHAEL MOONEY. 

SI. Appropriate'^ $8, 705.63 to reimburse Lake county. 

An Act making an appropriation to pay certain expenses incurred in the 
trial of Michael Mooney for a crime committed in the Penitentiary at 
Joliet. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That eight thousand seven hundred 
and five dollars and sixty-three cents be, and fhe same is hereby 
appropriated out of the State treasury to pay to the county of Lake 
costs arising from the prosecution of Michael Mooney for a crime 
committed in the Penitentiary at Joliet. 

§ 2. The Auditor of Public Accounts is hereby directed to draw 
his warrant on the State treasury for said amount, out of the 
moneys of the treasury, not otherwise appropriated, payable to the 
treasurer of the county of Lake. 

Approved June 2, 1887. 



APPROPRIATIONS. 47 



NATIONAL GUARD, MEMORIAL HALL. 



^ 3. $10,000 to pay the expenses of the 
National Guard until June 30, 1887. 



I 1. Appropriates $72, 404.07, as follows: 

^1. SI, 700 for removing flags to me- 
morial hall and for enlarging cases. 

1 2. $60,704.07 to pay for services and con- 
tingent expenses of tne National 
Guard in 1886. 

An Act to provide for the expenses of moving flags and trophies to the 
new Memorial Hall, and to pay for the alterations and extension of 
cases and for the furniture and fixtures of said Memorial Hall; to 
pay the Illinois National Guard for services in St. Clair and Cook 
counties during the year 1886 ; to pay for blankets; and to pay the inci- 
dental expenses of such services, including a clothing allowance to each 
enlisted man; and to pay the expenses of the Illinois National Guard for 
the year ending June 30, 1887. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the following sums, or so 
much thereof as may be required, are hereby appropriated to the 
Adjutant General, to be expended by him, for the purposes herein- 
after named, to- wit : 

First — To pay the expenses of moving the flags and trophies to 
the new Memorial Hall, and to pay for the alteration and extension 
of cases, and for the furniture and fixtures of said Memorial Hall, 
the sum of seventeen hundred dollars ($1,700.00). 

Second — To pay the Illinois National Guard for services in St. 
Clair and Cook counties during the year 1886 ; to pay for blankets ; 
and to pay the contingent expenses incurred by,, said service, 
including a clothing allowance of five dollars to each enlisted man 
performing said service, the sum of sixty thousand seven hundred 
and four dollars and seven cents (|60,704.07). 

Third — To pay the expenses of the Illinois National Guard for the 
year ending June 30, 1887, the sum of ten thousand dollars ($10,- 
000.00). 

§ 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 proper vouchers duly 
certified to by the Adjutant General, and approved by the Gover- 
nor, and the State Treasurer shall pay the same out of any funds 
in the State treasujfy not otherwise appropriated. 

§ 3. Whereas, the appropriations above recited are necessary for 
the expenses incurred in quelling riots, and by the use of the Illi- 
nois National Guard in aiding the civil power to execute the law; 
and, whereas, no appropriation has been made for the payment of the 
sums aforesaid, therefore an emergency exists, and this act shall 
take effect and be in force from and after its passage. 

Approved February 16, 1887. 



48 APPROPEIATIONS. 



NATIONAL GUARD. 

§ 1. Appropriates $140,000 per annum and I S 2. How drawn. 
$5, 000 special. I 

An Act to provide for the ordinary avd' contingent expenses of the 
Illinois National Guard. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the following named sums 
be, and the same are hereby appropriated to meet the ordinary and 
contingent expenses of the Illinois National Guard from July 1, 1887, 
until the expiration of the first fiscal quarter after the adjournment 
of the next regular session of the General' Assembly : For the ex- 
penses of the Illinois National Guard, one hundred and thirty-five 
thousand dollars ($135,000) per annum ; for fencing, improvement, 
repair and extension of the State camp grounds, five thousand 
dollars ($5,000) per annum; for the repairs of State Arsenal 
(unless the General Assembly should consider it in the interest of 
economy to sell the Arsenal and grounds and erect a new one), five 
thousand dollars ($5,000). 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the Treasurer for the sums herein 
specified, upon the presentation of proper vouchers, certified to by 
the Adjutant General and approved by the Governor, and the Treas- 
urer shall pay the same out of the proper funds. 

Approved June 17, 1887. 



joliet penitentiary. 

§ 1. Appropriates $136, 000 for current ex- I § 2. How drawn, 

penses, and to enable the commis- | 

sioners to keep the convicts em- I 

ployed. I 

An Act to provide for the expenses of the Illinois State Penitentiary 
at Joliet, and to keep the prisoners therein employed. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of one hundred 
and thirty-six thousand dollars ($136,000), or so much thereof as 
may be necessary, be and the same is hereby appropriated as a 
fund to defray such portion of the current expenses of the Ilhnois 
State Penitentiary at Joliet, until the expiration of the first fiscal 
quarter after the adjournment of the next General Assembly, as the 
earnings of convict labor in said penitentiary may be insufficient to 
defray ; also to enable the commissioners of said penitentiary to 
keep employed all prisoners who may be left without employment 
by the expiration of any contracts now in force ; and the commis- 
sioners of said penitentiary are hereby authorized to expend so 



APPROPRIATIONS. 



49 



much of the amount hereby appropriated as may be necessary for 
tools, machinery, fixtures and raw material, sufficient to keep em- 
ployed all prisoners in said penitentiary who may become idle as 
herein stated, and to provide for sale of goods therein manu- 
factured ; and said commissioners shall employ said prisoners at 
such occupation or occupations as are best adapted to secure their 
health, discipline and reformation. 

§ 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 the said 
penitentiary, signed by the president and attested by the secretary, 
with the seal of the said institution thereto attached. 

Approved June 15, 1887. 



JOLIET PENITENTIARY. 

§ 1. Appropriates for repairs and improvements, per annum, f7,500 and $30,000 special. 

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

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

§ 2. For painting, relaying floors, repairing walls, roofs, buildings, 
steam and water pipes, engines, boilers and machinery, and making 
such other repairs as may b5 required to keep the buildings, walls, 
grounds and appurtenances of the said penitentiary in as good 
condition as they now are, the sum of seven thousand five hundred 
($7,500) dollars per annum, or so much thereof as may be neces- 
sary, from the first day of July, 1887, to the expiration of the first 
fiscal quarter after the adjournment of the next General Assembly. 

§ 3. For putting in steam pumps and such pipes and hydrants 
throughout the yard as may be necessary to protect the property 
and buildings of said penitentiary from fire, the sum of six thousand 
{$6,C00) dollars, or so much thereof as may be necessary. 

§ 4. For constructing, completing and furnishing one school 
building at the end of the east cell house of the said penitentiary, 
and a similar school building at the end of the west cell house of 
said penitentiary, according to the plans and specifications sub- 
mitted by the commissioners, the sum of fourteen thousand ($14,000) 
dollars or so much thereof as may be necessary. 

§ 5. For purchasing, fitting up and setting five (5) new steel 
tubular boilers, to replace the same number of condemned boilers 
now in use for furnishing necessary steam for cooking, heating, 
ventilation and motive power in said penitentiary the sum of ten 
thousand ($10,000) dollars, or so much thereof as may be necessary. 
— 4 



50 APPROPRIATIONS. 



§ 6. The Auditor of Public Accounts is hereby authorized to 
draw his warrant upon the State Treasurer for the moneys herein 
appropriated, upon the order of the commissioners of said peniten- 
tiary, signed by the president and attested by the secretary, with 
the seal of the said penitentiary thereto attached. 

Approved June 15, 1887. 



JOLTET PENITENTIARY— PURCHASE OF LAND. 

§ 1. Authorizes the commissioners to pur- I § 2. Appropriates S8,000. 
chase a certain tract of land. I § 3. How drawn. 

An Act authorizing the Commissioners of the Illinois State Penitentiary 
at Joliet to purchase land for the use of the said penitentiary, and to 
make appropriations therefor. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Commissioners of the 
Illinois State Penitentiary at Joliet be and they are hereby author- 
ized to purchase for the use of said penitentiary the following des- 
cribed tracts or lots of land adjoining the grounds of said peniten- 
tiary, to-wit: The southeast quarter of the northeast quarter of 
section three (3), township thirty-five (35) north of range ten (10) 
east of the third principal meridian, containing forty (40) acres 
more or less, with all the improvements and appurtenances thereto 
belonging ; also, one (1) acre more or less, in the southwest corner 
of lot three (3), assessor's subdivision of section three (8), township 
thirty-five (35) north of range ten (10) east of the third principal 
meridiafi, described as follows : Commencing at a point in the 
middle of the highway, being the southwest corner of said lot 
three (3), thence north along middle of said highway two hundred 
and three (203) feet, thence east thirteen (13) rods, thence south 
two hundred and three (203) feet, thence west thirteen (13) rods 
to place of beginning ; both of said tracts or lots of land being sit- 
uated in the county of Will, State of Illinois. 

§ 2 The sum of eight thousand ($8,000) dollars, or so much 
thereof as may be necessary, is hereby appropriated for the pur- 
chase of the real estate described in this act, and for no other pur- 
pose. 

§ 3. The Commissioners of the Illinois State Penitentiary at 
Joliet shall present to the Governor the abstracts of title, and all other 
papers necessary to show that the present owner or owners of said 
lands can make good and valid title to the same, and upon his certify- 
ing his approval of said purchase, said commissioners are author- 
ized to make requisition upon the Auditor, who shall draw his war- 
rant upon the Treasurer of State for the amount necessary to pay 
for the said real estate, not to exceed the amount appropriated by 
this act. 

Approved June 15, 1887. 



APPROPRIATIONS. 51 



SOUTHERN PENITENTIARY. 

§ 1. Appropriates S77, 500 per annum and S6, 200 special. 

An Act making an appropriation for the ordinary and other expenses 
of the Southern Illinois Penitentiary . 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly: That the following amounts, or 
so much thereof as may be necessary, be and the same are hereby 
appropriated to the Southern Illinois Penitentiary, for the purposes, 
hereinafter named, and no other : 

For ordinary expenses for the two years ending June 30, 1889 — 
and to enable the commissioners of said penitentiary to keep em- 
ployed all prisoners who may be left without employment by the- 
expiration or forfeiture of any contracts now in force ; and the com- 
missioners of said penitentiary are hereby authorized to expend sO' 
much of the amount hereby appropriated as may be necessary for 
tools, machinery, fixtures and raw material, sufficient to keep em- 
ployed all prisoners in said penitentiary who may become idle, as- 
herein stated, and to provide for the sale of goods therein manu- 
factured ; and said commissioners shall employ said prisoners at 
such occupation or occupations as are best adapted to secure their 
health, discipline, and reformation — seventy-five thousand dollars 
($75,000) per annum. 

For one steam boiler, one thousand two hundred dollars ($1,200). 

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

For contingent fund, five thousand dollars ($5,000). 

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

Approved June 15, 1887. 



SOUTHERN penitentiary. 

§ 1. Appropriates for building purposes 1 § 2. How drawn. 
179,397.54. I 

An Act making appropriations for continuing the work of constructing 
the Southern Illinois Penitentiary. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the following amounts, or 
so much thereof as may be necessary, be and are hereby appro- 
propriated to the Southern Illinois Penitentiary for the purposes 
hereinafter mentioned, and for no other: 

For building south cell-house, seventy-five thousand dollars 
($75,000). 



52 APPROPRIA.TIONS. 



For vegetable house and refrigerator, four thousand fifteen dol- 
lars and twenty- four cents ($4,015.24). 

For completing sewer, three hundred eighty-two dollars and 
thirty cents ($382.30). 

§ 2. The moneys herein appropriated shall be due and payable 
"to the commissioners of said penitentiary, in sums not to exceed 
ten thousand dollars ($10,000) at one time : Provided, that after the 
sum of ten thousand dollars ($10,OOJ) shall have been drawn, no 
further sum shall be drawn until said commissioners shall have 
filed with the Auditor proper vouchers, accompanied by abstracts 
approved by the Governor of the State, showing in what manner 
the money previously drawn has been expended. 

Approved June 15, 1887. 



MRS. R. A. PURDIE. 

i 1. Appropriates $2,500. I §2. How drawn. 

An Act to make an appropriation for the relief of Mrs. R. A. Purdie, 
whose husband, private in Co. I, 4ih Regiment Illinois National 
Guards, was ivonnded ivhile in sha.m battle by order of his superior officers, 
and died in consequence thereof fifteen days thereafter. 

Whereas, K. A. Purdie, private in Co. I, 4th Eegiment Illinois 
National Guard, was wounded, while in sham battle by order of his 
superior officers, at Buffalo Rock, near Ottawa, LaSalle county, on 
the 12^th day of August, 188-3, and died from the effects of such 
wound on the 27th day of the same month, and left a widow and 
four minor children without any means of support ; therefore. 

Section 1. Be it enacted by. the People of the State of Illinois, 
represented in the General Assembly: That the sum of two thousand 
and five hundred dollars be and the same is hereby appropriated 
out of any money in the treasury not otherwise appropriated, for 
the relief of said Mrs. R. A. Purdie. 

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

Approved June 14, 1887. 



APPKOPKIATIONS. 53 



OWNEES OF SLAUGHTEEED ANIMALS. 

§ 1. Appropriates $6,411. I § 2, To whom payable. 

An Act to appropriate the amounts due to the oivners of animals that 
were slaughtered prior to July 1, 1885, and ivhose claims were duly 
approved, in accordance ivith the provisions of law. 

Wheeeas, there are several unpaid claims that were approved in 
accordance with the provisions of law, enacted by the 33d General 
Assembly; and 

Wheeeas, the appropriation made to meet the anticipated claims 
was not sufficient, and was exhausted in paying like claims before 
these claims were presented; and 

Wheeeas, the 34th General Assembly reiaealed the said law, and 
enacted another providing; in a different manner for the adjustment 
of such claims, so that appropriations made therefor could not be 
applied to pay claims under the former act ; and 

Wheeeas, the claimants fully complied with the requirements of 
law, and the claims were duly approved as therein provided, and 
would have been paid as all similar claims were paid, had said ap- 
propriation not been exhausted ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of six thousand 
four hundred and eleven dollars ($6,411) be and the same is hereby 
appropriated out of any money in the State treasury not otherwise 
appropriated, to pay said claims. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants on the State Treasurer as follows, 
to-wit : To the order of John Boyed the sum of three thousand dol- 
lars ; to the order of W. F. Whitson and son the sum of one hundred 
and twenty-five dollars ; to the order of Mrs. M. G. Clark the sum 
of one thousand one hundred and twenty dollars ; to the order of D. 
B. Moore the sum of seventy dollars ; to the order of C. A. Keifer 
the sum of ninety dollars; to the order of D. H. and S. S. Tripp 
the sum of six hundred dollars; to the order of F. H. Bowran the 
sum of twenty-five dollars ; to the order of 0. J. Bailey the sum of 
one thousand and seventy dollars; to the order of J. L. Barrick the 
sum of one hundred and fifty-five dollars, and to the order of J. S. 
O'Neal the sum of one hundred and fifty-six dollars, and the above 
sums shall be in full satisfaction of said claims. And the State 
Treasurer is hereby authorized to pay the same out of any money 
in the State treasury not otherwise appropriated. 

Appeoved June 10, 1887. 



54 APPROPRIATIONS. 



OWNERS OF QUARANTINED COWS. 

§ 1. Appropriates$26 607.79 for damages sus- I §2. In full of all claims ; how drawn, 
tained by sundry parties named. I 

An Act to reimburse the owners of coivs that were quarantined by the 
State Board of Live Stock Commissioners in September, 1S86, for 
the cost thereby incurred. 

Whereas, the State Board of Live Stock Commissioners, on or 
about the 19fch day of September, A. D. 188), quarantined certain 
milch cows in distillery sheds in the city of Chicago, Cook county, 
in this State, as exposed to contagious pleuro-pneumonia ; and 

Whereas, the said board, for reasons sufficient to them, did not 
then appraise or slaughter said cattle, but continued them in quar- 
antine from that time until December, when said board had them 
appraised and slaughtered; and 

Whereas, during said period of time the owners were required to 
feed and care for said cattle at their, the owner's expense, and to 
continue to do so after all control and use of said cattle was denied 
them by said board ; and 

Whereas, the owners were prohibited from disposing of the milk 
of said cows, from and after the 12th day of October, A. D. 1886, 
Whereby all proceeds or profits of the business was cut off, and ex- 
penses amounting to about twenty cents per diem for each cow, 
besides the time of the owners was continued; and having ascer- 
tained that the following sums are equitable allowances which should 
be paid by the State to the following parties who have suffered as 
aforesaid; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of |"2,624.40 be 
and the same is hereby appropriated to pay Michael Killeen for his 
damages suffered as aforesaid. 

§ 2. That the sum of $1,153.60 be and the same is hereby ap' 
propriated to pay John J, Clancy for his damages suffered as at ore" 
said. 

§ 3. That the sum of $1,083 be and the same is hereby ap- 
propriated to pay John H. Prehler for his damages suffered as afore- 
said. 

§ 4. That the sum of $1,026 be and the same is hereby ap- 
propriated to pay George Prehler for his damages suffered as afore- 
said. 

§ 5. That the sum of $1,000 be and the same is hereby ap- 
propriated to pay Edward Fitzgerald for his damages suffered as 
aforesaid. 

§ 6. That the sum of $1,242.60 be and the same is hereby ap- 
propriated to pay D. G. Brown for his damages suffered as afore- 
said. 

§ 7. That the sum of $830 be and the same is hereby ap- 
propriated to pay Michael Bowler for his damages suffered as afore- 
said. 



APPROPRIATIONS. 55 



§ 8. That the sum of $1,520.00 be and the same is hereby ap- 
propriated to pay Annie V. Flynn for her damages suffered as afore- 
said. 

§ 9. That the sum of $1,766.05 be and the same is hereby 
appropriated to pay John Burns for his damages suffered as afore- 
said. 

§ 10. That the sum of $700.00 be and the same is hereby ap- 
propriated to pay Edward Kiley for his damages suffered as afore- 
said. 

§ 11. That the sum of $781.20 be and the same is hereby ap- 
propriated to pay Daniel Shay for his damages suffered as afore- 
said. 

§ 12. That the sum of $434.60 be and the same is hereby ap- 
propriated to pay Lawrence Archibald for his damages suffered as 
aforesaid. 

§ 13. That the sum of $416.00 be and the same is hereby appro- 
priated to pay August Bucchholtz for his damages suffered as afore- 
said. 

§ 14. That the sum of $240.30 be and the same is hereby ap- 
propriated to pay Adolph Abel for his damages suffered as afore- 
said. 

§ 15. That the sum of $479.40 be and the same is hereby ap- 
propriated to pay Tobias Schnegg for his damages suffered as afore- 
said. 

§ 16. That the sum of $707.60 be and the same is hereby ap- 
propriated to pay Charles Niles for his damages suffered as afore- 
said. 

§ 17. That the sum of $1,216.00 be and the same is hereby ap- 
propriated to pay James Qaigley for his damages suffered as afore- 
said. 

§ 18. That the sum of $4,445.72 be and the same is hereby ap- 
propriated to pay Simon Eyan for his damages suffered as afore- 
said. 

§ 19. That the sum of $907.20 be and the same is hereby 
appropriated to pay P. Kennedy for his damages suffered as afore- 
said. 

§ 20. That the sum of $2,418.66 be and the same is hereby 
appropriated to pay Morris Eyan for his damages suffered as afore- 
said. 

§ 21. That the sum of $700.00 be and the same is hereby 
appropriated to pay Denis Foley for his damages suffered as afore- 
said. 

§ 22. That the sum of $336.60 be and the same is hereby appro- 
priated to pay Timothy Fitzpatrick for his damages suffered as afore- 
said. 

§ 23. That the sum of $124.50 be and the same is hereby ap- 
propriated to pay Michael Keller for his damages suffered as afore- 
said. 



56 APPROPEIATIONS. 



§ 24. That the sum of $470,20 be and the same is hereby appro- 
priated to the estate of George Keller, deceased, for his damages suf- 
fered as aforesaid. 

§ 25. The sums herein appropriated shall be in full satisfaction 
of all claims for damages by said parties, in respect to said cattle, 
and the Auditor of Public Accounts shall issue warrants on the tState 
Treasurer for the amounts herein appropriated to the respective par- 
ties or their legal representatives, and the State Treasurer is hereby 
authorized to pay the same out of any money in the State treasury 
not otherwise appropriated. 

Approved June 14, 1887. 



REFORM school. 



§ 1. Appropriates as follows : 

For ordinary expenses, per annum, 
$50,000. 



For repairs, per annum, $1, 000. 
For library, per annum, $300. 
For rebuilding front steps, 81, 000. 



An Act making appropriations to the State Reform School. 

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

For ordinary expenses, fifty thousand dollars per annum, payable 
quarterly in advance, from the first of July, 18S7, to the expiration 
of the first fiscal quarter after the adjournment of the next General 
Assembly. 

For an artesian well, three thousand dollars. 

For rebuilding the front steps of the main building, one thousand 
dollars. 

For repairs and improvements, one thousand dollars per annum. 

For boys' library, three hundred dollars per annum. 

§ 2. The moneys herein appropriated shall be paid to the trustees 
in the manner provided by law. 

Approved June 8, 1887. 



APPKOPRIATIONS. 57' 



REFORM SCHOOL. 

§ 1. Ajipropriates 330,000 for keeping the I § 2. How drawn, 
inmates employed. i 

An Act making an appropriation to the State Reform Sdiool. 

Section 1. Be it enacted by the People of the State of Illinois,. 
rep7'esented in the General Assembly: That there be, and is hereby, 
appropriated to the State . Eeform School, at Pontiac, the sum of 
thirty thousand dollars, to purchase machinery and materials, and 
as a working capital, to enable the trustees of said school to employ 
the inmates at productive labor on State account: Provided, that 
not to exceed seven thousand dollars shall be used to purchase 
machinery. 

§ 2. The money herein appropriated shall be paid to the trustees 
on their order in the manner provided by law. 

Approved June 13, 1837. 



SCHOOL EXHIBIT AT NATIONAL EXPOSITION 1887. 

§ 1. Appropriates f2,500 to the Illinois Teachers' Association to aid the schools of the State 
to present an exhibit of their work, at the National Exposition, at Chicago, in 1887. 

An Act maldng an appropriation to enable the schools of the State to 
exhibit properly specimens of their ivork at the National Educational 
Exposition, to be held in Chicago Jidy 7 to 16, 1887. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated the sum of two thousand five hundred dollars, to aid 
the schools of the State to present a proper exhibit of their work 
at the National Educational Exposition to be held in Chicago 
July 7 to 16, .837. 

§ 2. The Auditor is hereby authorized and required to draw his 
warrant on the Treasurer of the State for the said sum of two 
thousand five hundred dollars, payable to Eichard Edwards, S. H. 
Peabody, A. E. Sabin, W. L. Steele, (]. J. Kinnie, Charles W. pufts 
and John Hull, or to such person as they may designate, a com- 
mittee representing the Illinois Teachers' Association, who are 
authorised 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 the State, within sixty days after 
the close of such exposition, a full and true account, in itemized 
detail, of the money so expended, and to return any__iUnexpended_ 
balance to the State Treasurer. 

Approved June 9, 1887. 



58 APPROPRIATIONS. 



STATE DEBT. 

§ 1. Appropriates$l,145for the payment of 1 §2. How drawn, 
a State bond. I § 3. Emergency. 

An Act to make an appropriation to pay the amount due upon a cer- 
tain five hundred dollar State bond, of class known as "New Internal 
Improvement hiterest Stock, p)ayable after 1877." 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of eleven hundred 
and forty-five dollars ($1,145) be, and the same is hereby, appro- 
priated out of any funds in the State treasury not otherwise appro- 
priated, for the purpose of paying a State bond of the denomination 
of five hundred dollars ($500), and of the class of State bonds 
known as "New Internal Improvement Interest Stock, payable after 
1877," and interest on the same from July 1, 1857, to January 1, 
18'79. 

§ 2. That the Auditor of Public Accounts be, and hereby is, 
authorized and directed to draw his warrant upon the State Treas- 
urer for said sum of eleven hundred and forty-five dollars ($1,145), 
payable to the legal holder of said bond upon presentation of the 
same for payment and cancellation. 

' § 3. That, whereas there is no appropriation with which to pay 
said bond, and as said bond has been presented for payment, there- 
fore an emergency exists, and this act shall take effect and be in 
force from and after its passage. 

Approved April 29, 1887. 



EEPAIRS UPON THE STATE HOUSE. 



§ 3. How drawn. 
§ 4. Emergency. 



:§ 1. Appropriates 320,500, to be expended 
by the Secretary of State. 

;§ 2. How the appropriation shall be ex- 
pended. 

An Act making an appropriation for repairs upon the State. House. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: Tha-t the sum of twenty thousand 
five hundred dollars ($20,500), or so much thereof as may be neces- 
sary, is hereby appropriated out of any moneys in the State treas- 
ury not otherwise appropriated, for making the necessary repairs 
upon the State House. The sum hereby appropriated to be expended 
by the Secretary of State, upon estimates furnished him by the 
architect, as follows : 

For repairing the dome, $7,500. 

For repairing cornice at base of dome, $3,000. 

For repairing roof outside of dome, $1,000. 



APPBOPKTATIONS. 59 



For regrading and repairing sub-basement, $7,500. 

For relaying sewers and connecting down-spouts, $2,500. 

For repairing outside wall, damaged by fire, $1,000. 

Said Secretary of State shall not be bound absolutely by the 
estimates furnished, and when the appropriation exceeds the esti- 
mate in any item, the excess may be used in supplying any defi- 
ciencies that may occur in the estimates in other items ; but the 
total cost of the repairs herein authorized shall not be greater in 
the aggregate than the appropriation hereby made, nor shall any 
expense or liability be incurred by said Secretary of State beyond 
said sum. 

§ 2. The said Secretary of State is hereby authorized to draw 
the money hereby appropriated from time to time, as may be neces- 
sary, by presenting to the Auditor a requisition signed by said Sec- 
retary of State, and approved by the Governor ; and the Auditor is 
hereby authorized and directed to draw his warrant upon the Treas- 
urer for the amouAt named in the requisition. 

§ 3. Whereas, by reason of the necessity for a portion of the 
repairs hereby authorized being made without delay, in order that 
further damage may not result, an emergency exists, and this act 
shall be in force from and after its passage. 

Approved June 14, 1887. 



LOSSES IN STATE HOUSE CAUSED BY FIRE. 

§ 1. Appropriates $2,482. I §2. Designates tbe parties to whom payable* 

An Act to reimburse certain contractors on the State House for losses 
sustained by them in repairing the damage caused by fire therein on 
December 25, 1886. 

Whereas, on December 25, 1833, a fire occurred in room twelve 
(12) of the first floor of the State House,, the origin of which is 
unknown; and. 

Whereas, the several contractors hereinafter named had com- 
pleted their work, and were waiting to have it accepted by the 
State House Commissioners at the time of said fire ; and, 

Whereas, in order to repair the damage caused by said fire, the 
following amounts were expended by the firms having the contract 
for said work, to-wit : P. M.Almini $220, The Phillipson Decora- 
tive Company $815, Davidson & Sons $397, George Warren $145, 
Cadell & Lehmann $905 ; therefore. 

Section 1. Be it enacted by the People of the State o/ Illinois, 
represented in the General Assembly: That the sum of two thousand 
four hundred and eighty-two dollars be and the same is hereby 
appropriated out of any money in the State treasury not otherwise 



60 APPROPRIA.TIONS. 



appropriated, to pay said contractors and reimburse them for their 
said respective losses aforesaid sustained by them by reason of said 
fire. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer as follows, viz : 
To the order of P. M. Almini for the sum of - two hundred and 
twenty dollars, to the order of The Phillipson Decorative Company 
for the sum of eight hundred and fifteen dollars, to the order of 
Davidson & Sons for the sum of three hundred and ninety-seven 
dollars, to the order of George Warren for the sum of one hundred 
and forty-live dollars, and to the order of Cudell & Lehmann for 
the sum of nine hundred and five dollars. And the State Treasurer 
is hereby authorized to pay the same out of any money in the State 
treasury not otherwise appropriated. 

Approved June 15, 1887. 



STATE GOVERNMENT — PAPER AND STATIONERY. 

§ 1. Appropriates 910, WO for printing paper 1 §2. How drawn, 
and stationery until June 30, 1887. | § 3. Emergency. 

An Act to provide for the necessary expenses of the State government, 
incurred or to he incurred, and now unjnovided for, until the first 
day of July, 1887. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the following sum, or so 
much "thereof as may be necessary, be and the same is hereby ap- 
propriated for the purposes herein specified, to meet the necessary 
expenses of the State government, incurred or to be incurred, and 
now unprovided for, until the first day of July, 1^87: For the pur- 
chase on contract as required by law, and other necessary expenses 
connected therewith, of printing paper and stationery, for the use 
of the General Assembly, and the executive departments, the sum 
of ten thousand dollars ($10,000), payable on bills of particulars 
certified to by the Board of Commissioners of State Contracts, ap- 
proved by the Governor. 

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

§ 3. Whereas, the above appropriation is necessary for the trans- 
action of the business of the State, therefore an emergency exists, 
and this act shall take effect from and after its passage. 

Approved February 17, 1887. 



APPROPRIATIONS. 61 



STATE GOVERNMENT — PRINTING, BINDING, AND HEATING STATE HOUSE. 

§ 1. Appropriates $40,000 for deficiency in I 13. $5,000for heating department, 
printing?, binding and heating funds. §2. How drawn. 
1 1. 825, 000 for public printing. § 3. Emergency. 

t 2. $10, 000 for public binding. I 

An Act to provide for the necessary expenses of the State government, 
incurred or to he incurred, and noiv unprovided for, until the first 
day of July, 1887. 

Section 1. Be it enacted by the People oj the State of Illinois, rep- 
resented in the General Assembly: That the following sums, or so 
much thereof as may be necessary, be and the same are hereby 
appropriated for the purposes herein specified, to meet the necessary 
expenses of the State government, incurred or to be incurred, and 
now unprovided for, until the first day of July, 1887 : 

First — The sum of twenty-five thousand dollars ($25,000) for pub- 
lic printing, to be paid according to the contract for public print- 
ing, upon the certificate of the Board of Commissioners of State 
Contracts, and approved by the Governor. 

Second — The sum of ten thousand dollars ($10,000) for public 
binding, to be paid according to the contract for public binding, 
upon the certificate of the Board of Commissioners of State Con- 
tracts, and approved by the Governor. 

Third — The sum of five thousand dollars ($5,000) for heating, fuel, 
pay of engineers and firemen of the State House, and other inci- 
dental expenses thereof, to be paid upon bills of particulars, 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 warrant on the Treasurer for the sums herein 
appropriated, upon presentation of proper vouchers, and the State 
Treasurer shall pay the same out of any funds in the treasury not 
otherwise appropriated. 

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

Approved March 8, 1857. 



STATE GOVERNMENT — PRINTING. 

§ ]. Appropriates SIO.OOO for public printing. | §3. Emergency. 
§ 2. How drawn. I 

An Act to provide for the necessary expenses of the State government 
incurred or to be incurred, and now unprovided for, until the first 
day of July, 1887. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the following sum, or so 
much thereof as may be necessary, be and the same is hereby 



62 



APPEOPRIA.TIONS. 



appropriated for the purpose hereinafter specified, to meet the 
necessary expenses of the State government, incurred or to be 
incurred, and now unprovided for, until the first day of July, 1887, 
to-wit : the sum of ten thousand dollars ($10,000) for public printing, 
upon the certificate of the Board of Commissioners of State Con- 
tracts, and approved by the Governor. 

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

§ 3. Whereas, the above appropriation is necessary for the 
transaction of the business of the State, tht-refore an emergency 
exists, and this act shall take effect from and after its passage. 

Appeoved May 18, 1887. 



STATE GOVERNMENT, ORDINARY AND CONTINGENT EXPENSES. 



§ 1. Appropriates for the ordinary and con- 
tingent expenses of tiae State govern- 
ment, 81,402,700.00 per annum, and 
8100, 890.22 special, as follows : 

1-5. 110,500.00 to the Governor, per an- 
num. 

6-7. $37,200.00 per annum, to the Secre- 
tary of State, for clerk hire, office ex- 
penses, index department, janitors 
and watchmen, care of the State 
House and grounds, etc., and $2,500 
special for vault furniture. 

8. Heating department of State House, 
$15, 000 per annum, and 110, 000 special. 

9. Lighting the State House, $6,000 per 
annum. 

10. Library , per annum, %2, 400. 

11. Paper and stationery, per annum, 
$15, 000. 

12. Printing, $15, 000 ; binding, 810, 000 per 
annum. 

13. Copying and distributing laws, $2,300. 

14. Supreme court reports, estimated at 
$6, 000. 

15. $10, 000 per annum to the Auditor, for 
clerk hire, porters and messengers, 
office expenses; $3,500 special for 
vault furniture and printing. 

16. State suits, per annum, $2, 000. 

17. Conveying convicts to penitentiary, 
per annum, $20, 000. 

18. Fugitives from justice, per annum, 
$15, 000, and for rewards for arrests, 

$3, 000. 

19. Conveying offenders to the Reform 
School, per annum, $5, 000. 

20. State Board of Equalization, per an- 
num, $10, 000. 

21. $9, 000 per annum, to the State treas- 
urer for clerk hire, messenger and 
watchmen and office expenses. 



25. 
26. 

27. 

28. 
29. 
30. 
31. 

32. 
33. 
34. 
35. 
36. 
37. 
38. 
39. 
40. 



Refunding taxes, etc., 
mated. 



,500, esti- 



$5, 300 to the Superintendent of Pub- 
lic Instruction for clerk hire, office 
expenses, etc., and $500 special. 
Interest on school fund, per annum, 
$57. 000. 

State school fund, per annum,$l,000,000 
$6,000 per annum, to the Attorney 
General for clerk hire, stenographer, 
janitor, and office expenses. 
$7, 100 per annum to the Adjutant Gen- 
eral for clerk hire, office expenses, 
janitors, watchmen, etc. 
Board of Public Charities, per annum. 
$7, 500. 

Appellate and Supreme courts, per 
annum, $21. 850 ; special, «7, 700. 
Museum of Natural History, per an- 
num, $4, 000. 

Railroad and Warehouse Commis- 
sioners, per annum, $9,800; special, 
$3,000. 

Southern Penitentiary, for library, 
per annum, $.350. 

Joliet Penitentiary, for library, per 
annum, $300. 

Bureau of Labor Statistics, per an- 
num, $7, 500 ; special, $300, 
Live Stock Commissioners, per an- 
num, $90. 000. 

Fish Commissioners, per annum, 
$9,500; special, $1,000. 
State Board of Health, per annum, 
$9,000; special contingent. 140. 000. 

Lieutenant Governor, for postage, 

$50. 

Committees 36th General Assembly, 

$3, 000. 

Electric light plant in the State House, 
$3,943.22. 



APPROPRIATIONS. 63 



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, 
represented in the General Assembly: That the following named 
sums, or so much thereof as may be necessary respectively for the 
purposes hereinafter named, be and are hereby appropriated 
to meet the ordinary and contingent expenses of the State 
government until the expiration of the first fiscal quarter after the 
adjournment of the next regular session of the General Assembly : 

First — A sum not exceeding two thousand dollars ($2,000) per 
annum shall be subject to the order of the Governor for defraymg 
of 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 private secretary to the Governor, for the performance of such 
official duties of the Governor as may be required of him, and for 
clerk hire in the executive office, payable monthly as hereinafter 
provided. 

Third — A sum not to exceed eight hundred dollars ($800) per 
annum for postage, expressage, telegraphing, and other incidental 
expenses connected with the Governor's office, to be paid on bills of 
particulars certified to by the Governor. 

Fourth — To the Governor, for one porter, the sum of seven hun- 
dred dollars ($700) per annum, payable monthly. 

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

Sixth — To the Secretary of State, for clerk hire in his office, the 
sum of ten thousand five hundred dollars ($10,500) per annum ; for 
two porters or messengers, the sum of seven hundred dollars ($700) 
each per annum ; for stenographer and type-writer, the sum of eight 
hundred dollars ($800) per annum; and for laborers, janitors, 
policemen and watchmen of the State House, who shall perform 
such duties as shall be assigned to them by the Secretary of State, 
the sum of six thousand dollars ($6,000) per annum — all payable 
upon monthly pay-rolls, duly certified to by the Secretary of State. 
To the Secretary of State, for repairs, postage, expressage, tele- 
graphing and other incidental expenses of his office, a sum not 
exceeding three thousand dollars ($3,000) per annum ; and for the 
payment of all necessary incidental expenses incurred by the Secre- 
tary of State 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 twelve thousand five hundred dollars 
($12,500) per annum — all payable upon the bills of particulars certi- 
fied to by the Secretary of State and approved by the Governor. 



^64 APPROPRIATIONS. 



For comparing copy for the public printer of the laws and joint 
resolutions, editing the same, preparing head notes thereto, 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 Senate and House, making indexes 
thereto when printed, and for superintending the printing thereof; 
for preparing 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 the office of the Secretary of State 
as required by law, the sum of three thousand dollars (13,000) per 
■annum — payable to the Secretary of State on his order. 

Seventh — To the Secretary of State, for the purpose of fitting up 
the vaults in his office with fire-proof iron boxes and book racks, 
the sum of twenty- live hundred dollars ($2,500), 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. 

Eighth — For heating, fuel and pay of engineers and firemen of 
the State House, and other incidental expenses thereof, the sum of 
fifteen thousand dollars ($15,000) per annum, or so much thereof 
as may be needed. For repairs to heating department, including 
raising of boilers, overhauling and resetting same, ten thousand 
dollars ($10,000), or so much thereof as may be necessary, payable 
on bills of particulars certified to by the Secretary of State and 
approved by the Governor. 

Ninth — For lighting the State House and other incidental expenses 
thereof, the sum of six thousand dollars ($6,000) per annum, or so 
much thereof as may be necessary, to be paid on bills of particu- 
lars certified to by the Secretary of State and approved by the 
"Governor. 

Tenth — To the Secretary of State, for the purchase of books and 
for the incidental expenses of the State Library, the sum of fifteen 
hundred dollars ($1,500) per annum, payable on bills of particulars 
certified to by the Board of Commissioners of the State Library. 
For salary of assistant librarian the sum of nine hundred dollars 
($900) per annum, payable monthly. 

Eleventh— For the purchase on contract, as required by law, 
and other necessary expenses connected therewith, of printing paper 
and stationery, for the use of the General Assembly and the execu- 
tive departments, the sum of fifteen thousand dollars ($15,000) 
per annum, payable on bills of particulars certified to by the Board 
of Commissioners of State Contracts, and approved by the Governor. 

Twelfth — For public printing, the sum of fifteen thousand dollars 
{$15,000), or so much thereof as may be required, but that no por- 
tion of said sum shall be paid for printing done under the present 
contract of H. W. Rokker & Co. For public binding ten thousand 
dollars ($10,000) per annum, or so much thereof as may be re- 
quired. The public printing and binding to be paid for according 
to contract, upon the certificate of the Board of Commissioners of 
State Contracts, and approved by the Governor. 



APPROPRIATIONS. 65 



Thirteenth — For copying the laws, journals and joint resolutions 
of the General Assembly, as provided by law, six hundred dollars 
($600). For distribution of laws, journals and other IState docu- 
ments, and incidental expenses connected therewith, the sum of 
five hundred dollars ($500), and for expressage and postage on 
same, twelve hundred dollars ($1,200), payable as provided by law. 

Fourteenth — Such sum as may be necessary to enable the Secre- 
tary of State to purchase such volumes of the reports of the deci- 
sions of the Supreme Court as he is, or may be, required by law 
to purchase, to be paid on bills of particulars, certified to by the 
Secretary of State and approved by the Governor. 

Fifteenth — To the Auditor of Public Accounts, for necessary clerk 
hire, the sum of seven thousand five hundred dollars ($7,500) per 
annum, and for two porters or messengers the sum of seven hun- 
dred dollars ($700) each, per annum, all payable upon monthly 
pay-rolls duly certified to by the Auditor of Public Accounts. 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 dol- , 
lars ($1,500) per annum, and for fitting up vaults with fire proof 
iron boxes and book racks the sum of twenty-five hundred dollars 
($;2,500) or so much thereof as may be necessary, and the sum of 
one thousand dollars per annum, or so much thereof as may be 
necessary, to pay for the printing of the tax blanks, circulars and 
other miscellaneous printing, if needed in connection with the busi- 
ness of the Auditor's office, payable upon bills of particulars certi- 
fied to by the Auditor and approved by the Governor : Provided, no 
part of the amount hereby appropriated shall be used to pay the 
expenses of the insurance department of said Auditor of Pub- 
lic Accounts, and he shall report the annual expenses of said in- 
surance department to each General Assembly hereafter. 

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

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

Eighteenth — For the payment of the expenses provided for by law 
for the apprehension and delivery of fugitives from " justice, fifteen 
thousand dollars ($15, COO) 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 ($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. 



66 APPROPRIATIONS. 



Nineteenth — The sum of five thousand dollars ($5,000) per annum, 
or so much thereof as may be needed, for conveying juvenile of- 
fenders to the Eeform School at Pontiac, payable on the superin- 
tendent's certificate of delivery at the rate of compensation allowed 
by law; the Auditor to compute the distance by the nearest rail- 
road route. 

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

Twenty-first— To the State Treasurer, for clerk hire, the sum of 
four thousand dollars ($4,000) per annum; and the sum of three 
thousand two hundred dollars ($3,200) per annum, for two night 
and two day watchmen; and the snm of eight hundred dollars 
($800) per annum, for messenger and clerk; all payable upon 
monthly pay rolls, duly certified to by the Treasurer. 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. 

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

Twenty-third — To the Superintendent of Public Instruction the 
sum of three thousand one hundred dollars ($3,100) per annum for 
clerk hire; and for a janitor, porter and messenger, who shall also 
perform the duties of clerk, when not otherwise employed, the sum 
of seven hundred dollars ($700) per annum ; all payable upon 
monthly pay rolls duly certified to by the Superintendent of Public 
Instruction. To the Superintendent of Public Instruction, for 
periodicals and educational works, and other necessary expenses of 
said office, a sum not exceeding fifteen hundred dollars ($1,500) 
per annum, and for refurnishing office, and for increase of profes- 
sional library, five hundred dollars ($500), payable on bills of par- 
ticulars, certified to by him and approved by the Governor. Ap- 
propriations made by this clause to be paid out of the State school 
fund. 

Tiventy-foiirth — The sum of fifty-seven thousand dollars ($57,000) 
per annum, or so much thereof as may be necessary, to pay the 
interest on school fund distributed annually in pursuance of law. 

Tioentyfifth — The sum of one million dollars ($1,000,000) an- 
nually, out of the State school fund, to pay the amount of the 
Auditor's orders for the distribution of said fund to the several 
counties, and for the payment of the salaries and expenses of 
county superintendents of schools, as now provided by law. The 
Auditor shall issue his warrants to the State Treasurer, on the 
proper evidence that the amount distributed has been paid to the 
county school superintendents. 

Twenty-sixth — To the Attorney-General, for clerk hire, the sum of 
two thousand five hundred dollars ($2,500) per annum ; and steno- 



APPROPEIATIONS. ' 67 



grapher, who shall also act as clerk, eight hundred dollars ($800) 
per annum ; and for a porter and messenger, who shall also act as 
porter and messenger for the Supreme Court Reporter, the sum of 
seven hundred dollars (|700) per annum ; payable upon monthly 
pay-rolls, duly certified to by the Attorney-General. To the At- 
torney-General, for telegraphing, postage and other necessary ex- 
penses incurred in the discharge of his duties, including furniture 
for, and repairs to office, 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. 

Tioenty- seventh — To the Adjutant General, for clerk hire in his 
office, the sum of three thousand dollars ($3,000) per annum : Pro- 
vided, that in the employment of clerks and assistants in the Adju- 
tant General's office, preference shall be given to Union soldiers, 
their widows and orphans ; and 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 ; also the sum of seven 
hundred dollars ($700) per annum, for janitor and messenger for 
the Adjutant General's office ; also the sum of seven hundred dollars 
($700) per annum, for the custodian employed in the care of the 
battle flags and trophies deposited in Memorial Hall; also the sum 
of seven hundred dollars ($700) per annum, for a watchman and 
laborer at Camp Lincoln, all payable upon monthly pay-rolls duly 
certified to by the Adjutant General. To the Adjutant General the 
sum of one thousand dollars ($1,000) per annum, for telegraphing, 
postage, express, repairs, and making new cases in vault, and other 
necessary incidental expenses of his office ; and the sum of two 
hundred dollars ($200) 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 Hall, 
to be paid upon proper vouchers approved by the Governor. 

Twenty -eighth — 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 five hundred dollars 
($4,500) per annum, payable on bills of particulars certified to by 
them and approved by the Governor. 

Tivcnty-ninth — There is hereby appropriated to defray the inci- 
dental and contingent expenses of the Supreme Court, to-wit : For 
stationery, repairs, furniture, expressage, printing and law books to 
be purchased under the direction of the Justices of the Supreme Court, 
and other expenses deemed necessary by the court, the following 
sums: To the Northern Grand Division, the sum of seventeen 
hundred and fifty dollars ($1750) per annum, and in addition the 
sum of two hundred dollars ($200) for building necessary outhouses ; 
to the Central Grand Division, the sum of seventeen hundred and 
fifty dollars ($1750) per annum; to the Southern Grand Division, 
seventeen hundred and fifty dollars ($1750) per annum ; and for 
refurnishing, carpeting and fitting up the court and conference 
rooms used by the court, in the Capitol building, the sum of one 
thousand dollars ($1,000) ; there is also appropriated to the Southern 
Grand Division, the sum of one thousand dollars ($1,000) for the 



68 APPROPRIATIONS. 



purchase of law books ; all payable upon bills of particulars, certified 
to by at least two of the justices of said court. There is also 
appropriated for the pay of the librarians of the several grand 
divisions of said court, who shall also act as librarians for the 
Appellate Courts when in session in their respective grand divisions, 
the following sums : To the Northern and Southern Grand Divisions, 
each, the sum of five hundred dollars (|500) per annum ; and to 
the Central Grand Division, the sum of one thousand dollars ($1,000) 
per annum, payable upon the certificate of at least two of the 
justices of said court. There is also appropriated the sum of four 
hundred dollars (|400) per annum, each, to the Northern, Southern 
and Central Grand Divisions of said court for the pay of janitors 
to perform such duties as shall be determined by said justices, and 
to be paid upon the order of at least two of the justices of said 
court. There is also hereby appropriated to defray the incidental 
and contingent expenses of the Appellate Courts of this State, to-wit : 
To the First District, for rent of court rooms, including fuel and 
light, the sum of five thousand dollars ($5,000) per annum, and to 
the First District for stationery, postage, expressage, repairs, furni- 
ture, and other expenses deemed necessary by said court, the sum 
of twelve hundred dollars ($1200) per annum ; to the Second Dis- 
trict, to the Third District, and to the Fourth District, each, the 
sum of one thousand dollars ($1,000) per annum, for stationery, 
fuel, lights, ]DOstage, expressage, repairs, furniture and other expenses 
deemed necessary by the respective courts ; these sums to be paid 
upon bills of particulars certified to by the clerks of the respective 
courts and upon the order of at least two of the judges of the 
respective court for which the expense was incurred. Also the sum 
oi four hundred dollars ($400) per annum to each of the Second, 
Third and Fourth Districts, for the pay of janitors lo perform such 
duties as shall be determined by the judges of the respective courts, 
to be paid upon the order of at least two of the judges of said 
courts for their district ; also the sum of five thousand and five 
hundred dollars ($5,500), to be expended in purchasing law books 
for the library of the Appellate Court of the First District, said 
books to be purchased under the direction of the judges of said 
court, and the sum of five hundred dollars ($500) per annum, for 
the salary of the librarian of said court, to be paid upon the order 
of at least two of the judges of said court ; also the sum of one 
thousand dollars ($1,000) per annum, for the purchase and rebinding 
of law books for the law library in the Capitol building, under the 
direction of the judges of the Appellate Court for the Third District. 

Thirtieth — For the salary of the curator of the Illinois State 
Museum, of Natural History, the sum of two thousand dollars ($2,000) 
per annum ; for salary of one assistant, the sum of eight hundred 
dollars ($800) per annum ; and for the salary of one janitor nine 
hundred dollars ($9C0) per annum, payable monthly. For the con- 
tingent and necessary expenses of the curator, including traveling 
expenses on business connected with his office, the sum of three 
hundred dollars ($300) per annum, payable on bills of particulars 
duly certified to and approved by tlje Governor. 



APPROPRIATIONS. 69 



Thirty-first — To the Eailroad and Warehouse Commissioners, for 
the incidental expenses of their of&ce, including care, stationery, 
postage and telegraphing, extra clerk hire and for secretary's salary, 
and lor all necessary expenditures, except those hereinafter provided 
for, a sum not to exceed four thousand dollars (f 4,000) per annum. 
For expenses incurred in suits or investigations commenced by 
authority of the State under any law now in force, or hereafter to 
be enacted, empowering or instructing the Board of Commissioners, 
including the fees of experts employed, the sum of five thousand 
dollars (!$5,000) per annum, or such part thereof as may be needed 
for such purposes. For the printing and publication of schedules 
of reasonable maximum rates of charges for the transportation of 
passengers and freights and cars, made or revised for any or all of 
the railroads of the State, as provided by law, the sum of three 
thousand dollars ($3,000), or so much thereof as may be needed for 
such purpose. For the printing and publication of railroad maps 
of Illinois to be bound with annual reports, and for distribution of 
the same, the sum of eight hundred dollars ($800) per annum, to 
be paid upon bills of particulars, certified to by the commissioners 
and approved by the Governor. 

Thirty-second — The sum of three hundred and fifty dollars ($350) 
per annum for the purchase of books for the library of the South- 
ern Illinois Penitentiary at Chester, to be paid upon bills of par- 
ticulars having the order of the Governor endorsed thereon. 

Thirty-third — The sum of three hundred dollars ($300) per annum 
for the purchase of books for the library of the Illinois State Peni- 
tentiary at Joliet, to be paid upon bills of particulars having the 
order of the Governor endorsed thereon. 

Thirty -fourth — To the Commissioners of Labor Statistics, for the 
purpose of procuring, tabulating and publishing industrial statistics, 
as contemplated by law, for clerical services, the employment of 
canvassers and 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, the sum of 
live thousand dollars ($6,000) per annum, or so much thereof as 
may be necessary; also the sum of three hundred dollars ($300) to 
defray the expenses of the biennial examination for mine inspectors ; 
and the sum of twenty-five hundred dollars ($2,500) per annum for 
the salary of the secretary of the board, the whole to be expended 
in the manner defined by law. 

Thirty-fifth — For paying damages for animals diseased or exposed 
to contagion slaughtered and for property necessarily destroyed, and 
for expenses of disinfection of premises, when such disinfection is 
practicable under the provisions of any law of this State for the 
suppression and prevention of the spread of contagious and infec- 
tious diseases among domestic animals, the sum of seventy-five 
thousand dollars ($75,000) per annum, or so much thereof as may 
be necessary; also, any sums of money that may be received by 
the Board of Live Stock Commissioners as the net proceeds of the 
sales of the healthy carcasses of animals slaughtered under the pro- 
visions of the law and paid by them into the State treasury, to be 



70 APPROPEIATIONS. 



paid only in the manner and on the conditions provided in said 
law : Provided, that the amount paid for animals slaughtered shall 
not exceed their actual cash value, and in no case shall the sum 
paid for any one animal exceed seventy-five dollars ($75) for cattle, 
and one hundred dollars ($100) for animals of the equine species. 
Also to the Board of Live Stock Commissioners the sum of 
fifteen thousand dollars ($15,000) per annum, or as much thereof 
as may be necessary, for the payment of the necessary expenses 
incurred in the discharge of their duties as prescribed by law, in- 
cluding the per diem and expenses of the State and Assistant State 
Veterinarians, the salary of secretary, and the sum of five dollars 
($5) per day to each member of the board appointed and acting 
under the law approved June 27, 1885, in force July 1, 1885, for 
the actual number of days heretofore employed by them in such 
duties, and for which they have not heretofore received compen- 
sation. 

Thirty-sixth — The sum of seven thousand five hundred dollars 
($7,500) per annum, or so much of it as may be necessary, to the 
Fish Commissioners of the State, to be used by them in pursuance 
of law. The sum of two thousand dollars ($2,000) per annum, or 
as much thereof as may be necessary, for the personal and travel- 
ing expenses of the Fish Commission, or such persons as may be 
authorized by them, in enforcing the laws relative to fishways over 
dams and for the protection of fish. The sum of one thousand dol- 
lars ($1,000) to build and equip an office and storage boat for the 
use of the commission ; all expenditures to be upon bills of particu- 
lars certified to by a majority of the Commissioners and approved 
by the Governor. 

Thirty-seventh — To the State Board of Health, for salary of secre- 
tary three thousand dollars ($3,000) per annum ; for necessary office 
expenses, including expenses incurred in attending meetings of the 
board, and in making sanitary inspections, two thousand dollars 
($2,000) per annum, six hundred dollars ($600) of which per annum 
shall be applied as the salary of a messenger and janitor of the 
board ; for salary of assistant secretary, and additional clerk hire, 
four thousand dollars ($4,000) per annum. Also the sum of forty 
thousand dollars ($40,000) as a contingent fund to be used only 
with the consent and concurrence of the Governor, upon the recom- 
mendation and advice of the board, in case of the outbreak, or 
threatened outbreak of any epidemic or malignant disease such as 
Asiatic cholera, small-pox, yellow fever, or to defray the expense of 
preventing the introduction of such diseases, or their spread from 
place to place within the State, and in suppressing outbreaks which 
may occur, and in investigating their causes and methods of pre- 
vention, also special investigations, when required by the sanitary 
necessities of the State ; 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. 



APPROPRIATIONS. 



71 



Thirty-eighth — To the Lieutenant Governor, for postage, telegraph- 
ing, stationery and other incidental expenses, the sum of fifty [dol- 
lars (|50) payable upon his order. 

Thirty-ninth — The sum of three thousand dollars ($3,000) or so 
much thereof as may be necessary, to pay the expenses of commit- 
tees of the Thirty-sixth General Assembly, such expenses to be cer- 
tified as may be provided by resolution of either house. 

Fortieth — To pay for electric light plant, which shall include 
lamps, wire fixtures and labor, as per estimate filed with the Secre- 
tary of State, the sum of three thousand nine hundred and forty- 
three dollars and twenty-two cents, vouchers therefor 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 on the State Treasurer for the sums 
herein specified, upon the presentation of proper vouchers; and all 
sums herein appropriated for the pay of clerks, secretaries, porters, 
messengers, janitors, watchmen, policemen, laborers, engineers, fire- 
men, stenographers, curators and librarians, shall, when not other- 
wise provided by law, be paid upon monthly pay-rolls duly certified 
to respectively by the heads of departments, bureaus or boards of 
commissioners requiring the services of such employes ; 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 person entitled thereto. 

Approved June 15, 1887. 



STATE LABORATORY OF NATURAL HISTORY AND STATE ENTOMOLOGIST. 



1. Appropriates as follows : 
Office and incidental expenses, per an- 
num, 11, 000. 
Library per annum, $2, 000. 
Salary of Director, per annum, $2, 000. 



Salary of Assistants, per annum, $3, 000. 
Publication of Bulletins, 1300. 
Illustration of biennial report, $500. 
. How drawn. 



An Act making an appropriation for the ordinary expenses of the State 
Laboratory of Natural History, for the improvement of the library 
thereof, and for the expenses of the State Entomologist's office. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there is hereby appropri- 
ated to the State Laboratory of Natural History, for the field work 
and the office and incidental expenses, the sum of one thousand 
dollars ($1,C00.00) per annum. 

For the improvement of the library, the sum of one thousand 
dollars ($1,000.00; per annum. 

For the salary of the director, the sum of two thousand dollars 
($2,000.00) per annum. 



72 APPROPRIATIONS. 



For the pay of the assistants, the sum of three thousand dollars 
($3,000.00) per annum. 

For the publication of bulletins, the sum of three hundred dollars 
($300.00) per annum. 

For the illustration of the biennial report of the State Entomolo- 
gist, the sum of five hundred dollars ($500.00). 

§ 2. The Auditor of Public Accunts is hereby authorized and 
directed to draw his warrant on the Treasurer for the sums hereby 
appropriated, upon the order of the president of the board of trus- 
tees of the University of Illinois, 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 satis- 
factory vouchers in detail, approved by the Governor, shall be filed 
with the Auditor for all previous expenditures incurred by the in- 
stitution on account of appropriations heretofore made : And, pro- 
vided, furthe7\ that vouchers shall be taken in duplicate, and origi- 
nal or duplicate vouchers shall be forwarded to the Auditor of 
Public Accounts for the expenditures of the sums appropriated 
under this act. 

§ 3. This act shall be, and continue, in force from the first day 
of July, A. D. 1887, until the expiration of the first fiscal quarter 
after the adjournment of the next General Assembly. 

Approved June 10, 1887. 



SAMUEL STEWART. 



§ 1. Appropriates $136.50. 



An Act for the imyment to Samuel Stewart for services rendered by 
himself and teams, in the organization of the 56th Regiment of the 
Illinois Volunteers, in the years 1861 and 1862. 

Whereas, Eobert Kirk ham, Colonel of the 56th Eegiment Illinois 
Volunteers, did employ Samuel Stewart and team, at the rate of 
two dollars per day, to haul commissaries while said regiment was 
being organized at Shawneetown, Illinois, and to do such other work 
as was required of him, the said Samuel Stewart, in and about the 
organization of the said regiment ; and, 

Whereas, the said Samuel Stewart did perform said services under 
said contract from the 6th day of December, 1861, to the 21st day 
of February, A. D. 1862, for which service said Samuel Stewart has 
not been paid ; and, 

Whereap, there is now justly due the said Samuel Stewart the 
sum of one hundred and hfty-four dollars for said service, together 
with six per cent, per annum thereon, from the 2l8t day of Febru- 
ary, A. D. 1862; therefore. 



APPROPRIATIONS. 73 



Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of one hundred 
and thirty-six dollars and fifty cents ($136.50) be, and the same is, 
hereby appropriated out of any moneys now in the treasury not 
otherwise appropriated, for the purpose of paying said Samuel 
Stewart the sum 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 sum, 
in favor of and payable to the order of the said Samuel Stewart. 

Appkoved June 16, 1887. 



superintendent of public instruction. 

§ 1. Appropriates $500 for deficiency in office I §2. How drawn, 
expenses. I § 3. Emergency. 

An Act to provide for a deficiency in the ordinary and contingent ex- 
penses of the Department of Public Instruction. 

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, or so much thereof as may be necessary, be and is hereby 
appropriated to meet a deficiency in the ordinary and contingent 
expenses of the Department of Public Instruction; said appropria- 
tion to be paid out of the school funds to the Superintendent of 
Public Instruction on bills of particulars certified by him and ap- 
proved by the Governor. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrant upon the Treasurer for the said sum 
in favor of the oQicer aforesaid. 

§ 3. Whereas, an emergency exists on account of a deficiency in 
the appropriation heretofore made for the above purposes, therefore 
this act shall take effect and be in force from and after its passage. 

Approved June 14, 1887. 



state normal university. 

I 1. Appropriates one-half of the interest 1 § 2. How drawn, 
on the college and seminary fund, 
and $21, 000 annually. I 

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, rep- 
resented in the General Assembly: That there be, and hereby is, 
appropriated to the State Normal University, in addition to one- 



74 APPROPRIATIONS. 



half of the interest of the college and seminary funds, which is 
hereby appropriated, the further sum of twenty-one thousand dol- 
lars per annum, payable quarterly in advance, for the payment of 
salaries, for the purchase of fuel, for additions to the library, for 
school apparatus, for furniture, for expenses of the Board of Educa- 
tion, and for incidental expenses : Provided, that the expenses of 
model school connected with and forming a part of the said State 
Normal University, shall be paid out of the receipts for tuition of 
pupils in said school, and not from the above appropriation or any 
part thereof. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrant upon the Treasurer for the aforesaid 
sums of money, upon the order of the Board of Education of the 
State of Illinois, signed by the president and attested by the secre- 
tary of said board, with corporate seal of said institution : Provided, 
that satisfactory vouchers in detail, approved by the Governor, shall 
be filed quarterly with the Auditor of Public Accounts for the ex- 
penditures, ordinary and extraordinary, of the preceding quarter, 
and that no part of the money herein appropriated shall be due 
and payable until such vouchers shall have been filed. 

Approved June 3, 1887. 



JOHN B. TUCKER. 

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

An Act to appropriate two thousand dollars ($2,000) for the relief of 
John B. Tucker, of Hardin county, Illinois, a gallant Union soldier 
who lost both arms while in the service of his country, in the acci- 
dental discharge of a cannon. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of two thousand 
dollars ($2,000) be and the same is hereby appropriated out of the 
State treasury to John B. Tucker, of Hardin county, Illinois, late 
a private soldier in the 15th regiment of Kentucky cavalry, in the 
late civil war, and afterwards by re-enlistment in Company B, of 
the 1st Green Kiver Battalion of Kentucky Volunteers, m the ser- 
vice of the United States, [who] while in the line of duty, in obedience 
to the orders of his superior officers, accidentally had both arms 
shot off by the accidental firing of a cannon. 

§ 2. The Auditor of Public Accounts shall draw his warrant on 
the treasury of the State of Illinois for two thousand dollars 



APPROPEIATIONS. 



75 



(12,000), hereby appropriated, in favor of said John B. Tucker. 
The Treasurer shall pay said sum of money on presentation of said 
warrant. 

This bill liavinR remained with the Governor ten days after the adjournment of the Gen- 
eral 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 28th day of June, 1887. 

HENRY D. DEMENT, 

Secretm-y of State. 



SOUTHERN NORMAL UNITERSnT. 



1. Appropriates as follows : 
One half of the interest on the college 

and seminary fund, per annum. 
For salaries, 114,506.44 per annum. 
For repairs, per annum, $1,000. 
For fuel, per annum, $1, 000. 



For apparatus, per annum, $500. 
For museum, per annum, ?500. 
For care of grounds, per annum, S600. 
For engineer and janitor, per annum, 896 
For trustees expenses, per annum, $500. 
§ 2. How drawn. 



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

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly.- That there be and is hereby 
appropriated to the Southern Illinois Normal University, at Car- 
hondale, Jackson county, in addition to the one-half of the interest 
on college and seminary fund, which is hereby appropriated, the 
further sum of fourteen thousand five hundred and six dollars and 
forty-four cents (|14,506.44) per annum for the payment of salaries ; 
the sum of one thousand dollars ($1,000) per annum for repairs; 
the sum of one thousand dollars ($1,000) per annum for fuel; the 
sum of one thousand dollars ($1,000) per annum for library; the 
sum of five hundred dollars ($500) per annum for apparatus ; the 
sum of five hundred dollars ($500) per annum for museum; the 
sum of six hundred dollars ($600) per annum for care of grounds"; 
the sum of nine hundred and sixty dollars ($960) per annum for 
engineer and janitor; the sum of five hundred dollars ($500) per 
annum for trustees' expenses ; and these several sums shall be 
payable quarterly in advance, from the first day of July, 1887, 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 
required to draw his warrants upon the State Treasurer for said 
sums upon the order of the trustees of said Southern Illinois 
Normal University signed by their president and attested by their 
secretary with the corporate seal attached: Provided, that satisfac- 
tory vouchers in detail, approved by the Governor, shall be filed 
quarterly with the Auditor of Public Accounts for all expenses, 



76 APPROPRIATIONS. 



ordinary and extraordinary, of the preceding quarter, and no part 
of the money hereby appropriated shall be due and payable until 
such vouchers have been filed. 

Appboved June 10, 1887. 



UNIVERSITY op ILLINOIS. 

§1. Appropriates$9,250 to the University of I §2. How drawn. 
Illinois for taxes, repairs, instruction, 
library, etc. I 

An Act making appropriations for the University of Illinois. 

Section 1. Be it enacted by the Peojjle of the State of Illinois, 
represented in the General -Assembly: That there be, and hereby is, 
appropriated to the University of Illinois, at Urbana, for the pay- 
ment of taxes accruing in the years 1886 and 1887 on lands owned 
and held by the State for the use of the said institution, in the 
county of Gage, in the State of Nebraska, and in the counties of 
Pope, Kandiyohi and Eenville, in the State of Minnesota, the sum 
of one thousand seven hundred and fifty dollars ($1,750) per annum. 

For current repairs and improvements in buildings and grounds 
of the said university, during the years 1887 and 1888, the sum of 
two thousand dollars ($2,000) per annum. 

For the purchase of apparatus and materials for the several 
scientific departments of the university for the years 1887 and 1888, 
one thousand five hundred dollars ($1,500) per annum. 

For the current expenses of the practical education of students in 
the mechanical shops of the said university for the years 1887 and 
1888, one thousand five hundred dollars ($1,500) per annum. 

For the university library and museum for the years 1887 and 
1888, to- wit: For the purchase of books and publications, and for 
binding the same, one thousand five hundred dollars ($1,500) per 
annum ; for collecting, preparing and mounting specimens for the 
cabinets of geology, mineralogy and natural history, one thousand 
dollars ($1,000) per annum. 

For the current expenses of instruction in the several departments 
of the university for the years 1887 and 1888, sixteen thousand dol- 
lars ($16,000) per annum. 

For the purchase of machinery for the equipment of a laboratory 
of mining, engineering and metallurgy, two thousand dollars ($2,000) 
per annum. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the Treasurer for the sums hereby 
appropriated, payable out of any money in the treasury, and not 
otherwise appropriated, upon the order of the president of the board 
of trustees of the said University of Illinois, attested by its secre- 
tary, and with the corporate seal of the university: Provided, that 
no part of the said sums shall be due and payable to the said 



BANKS AND BANKING. 



77 



institution until satisfactory vouchers in detail, approved by the 
Governor, shall be filed with the Auditor for all previous expendi- 
tures incurred by the institution on account of appropriations here- 
tofore made: And, provided, further, that vouchers shall be taken 
in duplicate, and original or duplicate vouchers shall be forwarded 
to the Auditor of Public Accounts for the expenditures of the sums 
appropriated under this act. 

Approved June 8, 1887. 



BANKS AND BANKING. 



SAVINGS INSTITUTIONS. 



§ 1. Articles of association ; how executed. 

§ 2. Articles of association executed in 
duplicate, and forwarded to the su- 
perintendent of the banking depart- 
ment; notice of intention to organize 
published; endorsement of the su- 
perintendent ; filing articles in the of- 
fice of the superintendent of banking. 
and the office of the Secretary of 
State ; Secretary of State shall issue 
certificate of incorporation; certifi- 
cates of incorporation shall not be 
issued to two associations of the 
same name ; certificate shall be re- 
corded in the recorder's office of the 
county in which the corporation is 
located. 

§ 3. Defines the powers of the corporation. 

§ 14. First board of trustees. 

§ 5. Board of trustees, officers and agents, 
compensation and salaries of the two 
latter. 

§ 6. Compensation of trustees; trustees 
prohibited from borrowing funds of 
the association or becoming endorser 
for others. 

§ 7. By-laws, rules and regulations— Of- 
ficers, agents and employes shall 
give bond. 

§ 8. Meetings of the board of trustees; 
quorum. 

§ 9. Vacancies in the board for cause. 

§ 10. Deposits of money for investment. 

§ 11. Investments and loans. 

§ 12. Resei^e funds; banks of deposit for 
the funds; loans on pledge of se- 
curities. 

§ 13. Eeal estate; conditions upon which 
may piarchase, hold, sell and convey. 

§ 14. Loans upon real estate ; expenses of 
examination of title ; insurance, etc., 
paid by borrower. 

An Act to provide for the organization of Savings Societies or Institu- 
tions for Savings, for their supervision and for the administration of 
their affairs. 

Section 1. Be it enacted by the Peojjle of the State of Illinois, 
represented in the General Assembly: That any thirteen or more 
persons, citizens of this State, two-thirds of whom shall reside in 



§ 15. Banking powers prohibited ; penalties 
for making investments not author- 
ized by this act. 

§ 16. WitMrawal of funds by depositors; 
Umit of amount of funds received 
from any one person or corporation. 

§ 17. Rate of interest or dividends to de- 
positors, 

§18, Compensation to trustees, 

§19. Annual reports, 

§ 20. Verification of reports; penalties for 
failure to report. 

§ 21. Report of superintendent of banking 
department to the General Assembly. 

§ 22. Supervision and examination by the 
superintendent of the banking de- 
partment of associations organized 
under this act. 

§ 23. Associations shall be I'equired to con- 
form to the requirements of this law 
in the conduct of their affairs, and 
any refusal or neglect shall be re- 
ported by the superintendent to the 
Attorney-General; proceedings in 
case of violation of law or accident, 

§ 24. Savings banks and other corpora- 
tions, incorporated under the laws of 
this State, and receiving saving 
funds, may avail themselves of the 
provisions of this act, 

§ 25. The Governor shall appoint a super- 
intendent of the banking department ; 
term of office ; the Auditor shall act 
until superintendent shall be ap- 
pointed; oath and bond ; salary; how 
paid: vacancy, for cause. 

§ 26. Seal of office, clerks and examiners of 
the office of superintendent. 

§ 27. Savings fund for the payment of the 
expenses of the execution of this act; 
how constituted. 



78 BANKS AND BANKING. 



the county where the proposed society shall be located, associating 
themselves together for the purpose of organizing a savings society 
or institution for savings, in accordance with the provisions of this 
act, shall, under their hands and seals, execute, articles of associa- 
tion, setting forth : 

First — The name assumed. 

Second — The location, designating the city, village or town. 

Third — The name, residence, occupation and postoffice address of 
each member. 

Fourth — A declaration that each member will accept the responsi- 
bilities and faithfully discharge the duties of a trustee thereof, ac- 
cording to the provisions of this act. 

Fifth — That said trustees' are in the aggregate the owners of at 
least one hundred thousand dollars worth of real estate, in fee sim- 
ple, and unincumbered, situated in the county where such society is 
to be established, and that the title to such real estate has not been 
acquired for the purpose of making this application. 

§ 2. Such articles shall be executed in duplicate, and duly ac- 
knowledged before an officer, in the manner provided for the ac- 
knowledgment of deeds, and verified by the affidavit of at least two 
of the persons executing the same, and sent to the superintendent 
of the banking department. A notice of intention to organize such 
corporation shall be published at least once a week for four con- 
secutive weeks previous to filing such articles, in some newspaper 
of largest circulation published in the city, town or village where 
such corporation is- proposed to be located, or nearest thereto, which 
notice shall specify the matter set forth in the articles under the 
first, second and third clauses of section one of this act ; and if 
there be any corporation doing business as a savings bank in such 
county a copy of such notice shall be sent to each of them at least 
fifteen days before filing said articles with the superintendent. If 
the superintendent shall be satisfied that proper publication and ser- 
vice in good faith of tbe notice aforesaid has been made, that the 
incorporators, or a portion of them, are responsible as to character, 
financial ability and general fitness for the discharge of the duties 
appertaining to such a trust, and that the organization proposed 
will be a public benefit, he shall endorse his recommendation thereon, 
retaining one copy to be filed iu his office, and shall file one copy 
in the office of the Secretary of ' State, who shall issue, under his 
hand and seal of state, to the persons recommended by the super- 
intendent, a certificate incorporating such persons under this act by 
the name assumed, making a part thereof a copy of all papers filed 
in his office in and about the organization thereof ; but no certificate 
shall be issued to two associations bearing the same name, and no 
person shall be named therein who shall not have duly made and 
acknowledged the declaration prescribed by sub-division four of sec- 
tion one of this act, which certificate so issued shall be recorded in 
a book for that purpose in the office of the recorder of deeds of the 
county where such corporation is located. Any such corporation 
that shall not begin business within one year after authorization 
shall forfeit its rights and privileges under this act. 



BA.NKS AND BANKING. 79 



§ 3. Upon the filing of such certificate for record as aforesaid, 
the persons named therein, and their successors, shall thereupon and 
thereby be duly and lawfully constituted a body corporate and 
politic, by the name in such certificate mentioned, and by that name 
shall have perpetual succession, may sue and be sued, complain and 
defend in any court of law or equity, and shall be vested with all 
the powers and charged with all the liabilities conferred and imposed 
by this act, and may make and use a common seal, and alter or 



renew the same at pleasure. 



TRUSTEES. 



§ 4. The persons named in the certificate issued as aforesaid 
shall be the first trustees of such corporation, and all vacancies in 
the office of trustee shall be filled by the board, by ballot, without 
unnecessary delay, and the vote of the majority of the remaining 
members of the board shall be necessary to elect a trustee. 

§ 5. The business of every such corporation shall be managed 
and directed by a board of trustees of not less than thirteen, who 
shall select from their number a president and two vice-presidents, 
and may elect from their number, or otherwise, such other officers 
and agents as they may deem expedient; and a vote of a majority 
of the full board shall be requisite for the appointment of any officer 
receiving a salary therefrom, or to fix or to increase the salary of any 
officer, but such majority shall be composed exclusive of any trustee 
receiving any salary or compensation for services as an officer of 
said corporation. 

§ 6. No trustee shall, as such, directly or indirectly, receive any 
pay or emolument for his services, except as provided in section 
eighteen, and no trustee, officer or servant of such corporation shall, 
directly or indirectly, for himself or as the agent or partner of others, 
borrow any of the funds of the said corporation or in its custody, 
or in any manner use the same, except to make necessary current 
payments, or to make investments, or to deposit for safety under 
the direction and by authority of the board of trustees ; nor shall 
any trustee, officer or servant of such corporation be an endorser or 
surety, or in any manner be an obligor, for moneys loaned by or 
borrowed of such corporation. 

§ 7. The board of trustees of any such corporation shall have 
power, from time to time, to make such by-laws, rules and regula- 
tions as they may think proper for the election of officers, for pre- 
scribing their respective powers and duties, and the manner of dis- 
charging the same; for the appointment and duties of committees, 
and generally for transacting, managmg and directing the affairs of 
the corporation : Provided, such by-laws, rules and regulations be 
not repugnant to nor inconsistent with the provisions of this act, 
to the constitution and laws of this State or of the United States. 
The trustees of any such society shall have the power, and it shall 
be their duty, to require of the officers, clerks and agents of the 
society such bond for their fidelity and the faithful performance of 
their duties as they shall deem necessary, or as shall be required 
by the superintendent of the banking department ; such bonds shall 



80 BANKS AND BANKING. 



be made payable to the people of the State of Illinois for the use 
of any person interested, and shall be filed with and approved by 
such superintendent. 

MEETINGS. 

§ 8. Eegular meetings of the board of trustees shall be held as 
often as once in each month, for the purpose of receiving the reports 
of their officers and committees, and for the transaction of other 
business. A quorum at any regular, special or adjourned meeting 
shall consist of not less than seven trustees, of whom the president 
or presiding vice-president shall be one, but less than a quorum 
may adjourn from time to time, or until the next regular meeting. 

VACANCY IN OFFICE. 

§ 9. Whenever a trustee of such corporation shall remove from 
the State, or shall borrow, directly or indirectly, any of the funds 
of the association of which he is trustee, or become a surety or 
guarantor for any money borrowed of or loan made by such corpor- 
ation, or upon his failure to attend regular meetings of the board, 
or to perform any of the duties devolved upon him as such trustee, 
for six successive months, without having been excused by the board 
for such failure, the office of such trustee shall thereupon become 
vacant ; but the trustee vacating his office for failure to attend 
meetings or to discharge his duties, may, in the discretion of the 
board, be eligible to re-election. 

MONEY EECEIVED FOR INVESTMENT. 

§ 10. It shall be lawful for any such corporation to receive any 
sums of money for accumulation and safe keeping that may be 
offered for that purpose by any person, corporation or society, and 
to invest, hold and repay the same, and declare, credit and pay 
dividends thereon as herein authorized and provided, and not other- 
wise. 

INVESTMENTS AND LOANS. 

§ 11. All sums so received and the income derived therefrom, 
and all moneys intrusted to any such corporation by order of court 
or other lawful authority, shall be invested only as follows : 

First — In stocks or bonds or interest-bearing notes or obligations 
of the United States, or securities for the payment of which the 
faith of the United States is pledged. 

Second — In stocks or bonds of this State bearing interest. 

Third — In stocks or bonds of any State in the Union which has 
not, within three years previous to making such investment by such 
corporation, defaulted in the payment of any part of either princi- 
pal or interest thereof. 

Fourth — In the municipal obligations of any city, county, town or 
village of this State. 

Fifth — In the stock or bonds of any city or county in the New 
England States or States of New York, New Jersey, Pennsylvania, 



BANKS AND BANKING. 81 



Ohio, Indiana, Michigan, Iowa, Missouri, Kansas, Nebraska, Wis- 
consin or Minnesota, issued pursuant to the authority of any law 
of such State: Provided, the entire bonded indebtedness of such 
city or county shall not exceed j&ve per cent, of the assessed value 
of the taxable property therein, as shown by the last assessment 
preceding the investment. 

Sixth — In the stocks of any bank, banking association or trust 
company in the State, organized under any law or laws of this 
State or of the United States : Provided, no such corporation shall 
hold more than ten per cent, of the stock of any such bank or trust 
company, nor more than twenty-five per cent, of its funds shall be 
invested in such securities. 

Seventh — In the mortgage bonds of any railroad company of ap- 
proved credit, located in any of the States aforesaid, which has paid 
dividends of not less than five per centum per annum regularly on 
its entire capital stock for not less than five consecutive years next 
preceding such investment, and which are first lien upon the rail- 
road pledged to secure the same, or in the consolidated mortgage 
bonds of any railroad company chartered by this State, authorized 
to be issued to retire the entire bonded debt of such company, or 
in the collateral trust bonds of any railroad company chartered in 
this State where the underlying bonds pledged to secure them are 
a first lien upon the property mortgaged : Provided, said company 
has paid dividends as aforesaid : And provided, jurther, that no 
savings corporation shall hold more than ten per cent, of its funds 
in the bonds of any one railroad company, nor more than twenty- 
five per cent, of its funds shall be invested in railroad securities. 

Eighth — In bonds or notes and mortgages on unincumbered real 
estate located in any of the States aforesaid, worth at least twice 
the Amount loaned thereon, but not to exceed sixty per cent, of the 
whole amount of its funds shall be so loaned or invested ; nor shall 
more than thirty per cent, of the whole amount of its funds be so 
invested on real estate located outside of the State of Illinois, but 
in case the loan is on unimproved or unproductive real estate, the 
amount loaned thereon shall not be more than one-third of its 
actual value ; and no investment in any bond and mortgage shall 
be made except upon the report of a committee charged with the 
duty of investigating the same, who shall certify to the value of the 
premises mortgaged or to be mortgaged, according to their best 
judgment, and such report shall be filed and preserved among the 
records of the institution. 

Ninth — In real estate, subject to the provisions of section thirteen 
of this act. 

§ 12. It shall be the duty of the trustees of any such corpora- 
tion, as soon as practicable, to invest such fund of money, by pur- 
chase or otherwise, in the securities named in section eleven of this 
act, except that for the purpose of meeting current payments and 
expenses in excess of the receipts, any of the securities may be sold 
or pledged ; and there may be kept an available fund of not exceed- 
ing twenty per cent, of the whole amount of its assets, and the 
same, or any part thereof, together with the current receipts over 
—6 



82 BANKS AND BANKING. 



the payments, may be kept on hand or on deposit in any bank or 
banking association in the State of Uhnois, organized under any 
law or laws of this State or of the United States, or with any trust 
company incorporated by any law of this State ; but the sum so 
deposited in any one bank or trust company shall not exceed twenty- 
five per cent, of the paid up capital and surplus ; or such available 
fund, or any part thereof, may be loaned upon pledge of any of the 
securities named in the last preceding section of this act, but not 
exceeding ninety per cent, of the cash market value of such securi- 
ties so pledged, nor in excess of the par value thereof. And should 
any of the securities so held in pledge depreciate in value after 
making any loan thereon, it shall be the duty of the trustees to 
require the immediate payment of such loan, or of a part thereof, 
or additional security therefor, so that the amount loaned shall at 
no time exceed ninety per cent, of the market value of the securi- 
ties pledged therefor. 

§ 13. It shall be lawful for such corporation to purchase, hold, 
sell and convey real estate, only as follows : 

First — A plat whereon is erected or to be erected a building or 
buildings requisite for the convenient transaction of its business, and 
from portions of which, not required for its own use, a revenue may 
be derived, the cost not to exceed five per cent, of the whole fund 
of such corporation, except by written permission of the superin- 
tendent of the banking department. 

Second — Such as shall be purchased by it at sales upon the fore- 
closure of mortgages held by such corporation, or upon judgments 
or decrees rendered for debts due to it, or in settlements to secure 
such debts, or for tax-liens ; and all such real estate mentioned in 
this clause shall be sold by such corporation within five years after 
the same shall be vested in it, unless the superintendent shall 
extend the time in writing within which such sale shall be made. 
And such corporation may, with the approval of the superintendent 
had in writing, change its location within the limits of the city or 
town wherein it may be established, and in effecting such change 
may purchase such additional plat, under the provisions of sub- 
division one of this section, as it may require, and its former site 
shall be sold, as provided in subdivision two of this section. 

§ 14. In making loans upon real estate, the expenses of searches, 
examinations and certificates of title or appraisals of value, and of 
drawing, perfecting and recording papers, shall be paid by the bor- 
rower, and whenever buildings are included in the valuation of any 
real estate upon which a loan shall be made, they shall be insured 
by the mortgagor for the benefit of the mortgagee or his assigns 
during the continuance of the loan, and it shall be lawful for such 
corporation to renew such insurance in the same or any other com- 
panies, from year to year, or otherwise, as the trustees may elect. 
The necessary charges and expenses paid therefor shall be paid by 
such borrower, and until so paid shall be an additional lien upon 
the mortgaged premises, recoverable, with interest from the time of 
payment, as part of the moneys secured to be paid by such mort- 
gage. 



BANKS AND BANKING. 83 



BANKING PROHIBITED. 

§ 15. It shall be unlawful for any such corporation to deal or 
trade in real estate except as provided in section eleven of this act, 
or to deal or trade in any goods, wares, merchandise or commodi- 
ties whatever, except as authorized by the terms of this act, and 
except such personal property as may be necessary in the transac- 
tion of its business as by this act authorized ; or to loan money 
upon or to discount or deal in notes, bills of exchange or other per- 
sonal security, or to transact any banking business, whether of 
issue, deposit or discount, and no such corporation shall be deemed a 
bank or company having or exercising banking powers. And the 
investment in any securities not named in this act, or amendments 
thereto, shall be deemed a misdemeanor on the part of the trustees 
authorizing or officers making the same, who shall be subject to fiine 
in any sum not more than five hundred dollars for each offense. 

WITHDRAWALS. 

§ 16. The sum entrusted to the care of any such corporation 
may be withdrawn at such time or times after demand, and after 
such previous notice and under such regulations as the board of 
trustees shall from time to time provide, on production of and 
proper entry in the pass-book at the time of such payment; which 
regulations shall be put up in some conspicuous place in the room 
where the business of such corporation shall be transacted, and 
may be printed in the pass-books. The trustees may provide for 
making payments in case of loss of pass-book or other exceptional 
case, where its production may produce loss or serious inconvenience 
to the parties, such right to cease, however, whenever so directed 
by the superintendent. Money standing in the name of a minor 
may, at the discretion of the trustees, be paid to such minor, and 
the same shall be a valid payment. And every such corporation 
shall have the right to limit the aggregate amount which they will 
receive from any one person or society to such sum as they may deem 
expedient, and may, in their discretion, refuse to receive any sum 
offered, and may also at any time return all or any part of any 
sum received : Provided, that the aggregate amount that may be 
received from any one individual or corporation shall not exceed 
three thousand dollars, exclusive of dividends ; but this limitation 
shall not apply to moneys arising from judicial sales or trust funds, 
or to moneys of administrators, executors, guardians, religious or 
charitable institutions, or if received pursuant to the order of a 
court of record. 

DIVIDENDS AND SURPLUS. 

§ 17. It shall be the duty of the trustees of every such corpora- 
tion to regulate the rate of interest or dividends, not to exceed four 
per cent, per annum upon the amounts received from and to the 
credit of the persons or parties entrusting money to their care and 
management, in such manner that such persons shall receive, as 
nearly as may be, all the profits of such corporation, after deduct- 
ing the necessary expenses, and reserving such amount as the 



84 BANKS A.ND BANKING. 



trustees may deem expedient as a surplus, which, to the amount 
of fifteen per cent, of the entire fund in their charge, the trustees 
may gradually accumulate and hold to meet any contingency or 
loss from depreciation of securities or otherwise : Provided, however, 
that the trustees of any such corporation may classify their 
depositors according to the character, amount and duration of their 
dealings with the corporation, and regulate the interest or dividends 
allowed in such manner that each depositor shall receive the 
same ratable portion of interest or dividends as all others of his 
class. No dividend shall be declared until the trustees of such 
corporation cause an examination to be made, and find that the 
amount thereof has actually accrued, and no dividend or interest 
shall be paid or credited except semi-annually nor unless authorized 
by a vote, duly entered on the minutes by ayes and nays, after 
such examination. And whenever the surplus amounts to fifteen 
per cent, of the entire fund, as aforesaid, the trustees shall, at 
least once in three years, divide equitably the accumulation be- 
yond such authorized surplus as an extra dividend, in excess of the 
regular dividends herein authorized. Notices posted conspicuously 
in the room where the business of such corporation is transacted 
shall be equivalent to personal notice to each person or other 
party interested. In determining the per cent, of surplus so held, 
the interest- bearing stocks and bonds shall not be estimated above 
their par value, or above the market value, if below par ; its bonds, 
loans and mortgages not in airears of interest for a longer period 
than two years, at their face ; its real estate and tax liens at not 
above cost ; and all other investments at such valuation as. the 
superintendent shall determine. 

compj}nsat:on of trustees. 

§ 18. It sball be lawful for trustees acting as officers or com- 
mittees of such corporation, whose duties require and receive their 
regular and faithful attendance at or for the institution, to receive 
such compensation as in the opinion of a majority of the board of 
trustees shall be just and reasonable ; but such majority shall be 
exclusive of any trustee to whom such compensation shall be voted. 
But it shall not be lawful to pay trustees, as such, for their at- 
tendance at meetings of the board more than five dollars each for 
any regular monthly meeting at which they are personally present. 

REPORTS. 

§ 19. Every such corporation shall, on or before the first day of 
November in each year, make a report in writing to the superin- 
tendent of the banking department, and in such form as he shall 
prescribe, of its condition on the morning of the first day of July 
preceding. Such report shall state the amount loaned upon bond 
and mortgage, together with a list thereof; the par value and esti- 
mated market value of all stock or bond investments, designating 
each particular kind and amount invested in each; the amount 
loaned upon tae pledge of securities, with a statement of the 
securities held as collateral for such loans; the amount invested in 



BANKS AND BANKING. 85 



real estate, giving cost of same; the amount of cash on hand and 
on deposit in banks or trust companies, with their names and the 
amount deposited in each ; the amount of all other assets, includ- 
ing accrued interest not enumerated above, and such other infor- 
mation as the superintendent may require. Such report shall also 
state all the liabilities on the morning of the said first day of July; 
the amount due to depositors, which shall include any dividend to 
be credited to them for the six months ending on that day, and 
any other claims against such corporation which are or may be a 
charge upon its assets. Such report shall also state the amount 
deposited during the fiscal year ending that day, and the amount 
withdrawn during the same period; the whole amount of interest 
received or earned and the amount of dividends credited to depos- 
itors, together with the amount of each semi-annual credit of in- 
terest ; the number of accounts opened or re-opened, the number 
closed during such year, and the number of open accounts at the 
end of such year, and also a statement like that provided for in 
paragraphs third and fifth in section one of this act, and such other 
information as the superintendent may require. 



EXAMINAIION. 

§ 20, The report shall be verified by oath of the two principal 
officers of the institution, and the statement of assets shall be 
verified by the oath of a majority of the trustees who examine the 
same pursuant to the requirements of this section. And any wilful 
false swearing in regard to such report, or any report made to the 
superintendent pursuant to the provisions of this act, shall be 
deemed perjury, and be subject to the prosecutions and punishments 
prescribed by law for that offense. It shall be the duty of the 
trustees, by a committee of not less than three of such trustees, on 
or about the first day of July in each year, to thoroughly examine 
the books, vouchers and assets of such institution, and its affairs 
generally ; and the statement of assets and liabilities reported to the 
superintendent for the first day of July in such year shall be based 
upon such examination ; but nothing herein contained shall be con- 
strued as prohibiting the trustees from requiring such examinations 
at such other times as they shall prescribe. Any such corporation 
failing to furnish to the superintendent any report or statement 
required by this act, shall forfeit the sum of one hundred dollars 
per day for every day such report or statement shall be so withheld ; 
and the said superintendent may maintain an action, m his name 
of office, to recover such penalty, and when collected the same 
shall be paid into the treasury of the State, and be applied to the 
expenses of the banking department ; but the superintendent may, 
for sufficient cause, extend the time for making such report, not 
exceeding thirty days. 

§ 21. It shall be the duty of superintendent of banking depart- 
ment, on or before the first day of February in each assembly year, 
to communicate to the Legislature a statement of the condition of 
every such corporation from which a report has been received for 



86 BA.NKS AND BANKING. 



the two preceding years ; also, the name and location of savings 
corporations authorized by him during the two previous years, with 
the date of their incorporation. 

SDPERVISION. 

§ 22. It shall be the duty of the said superintendent, once in 
two years, either personally or by one or more competent persons 
to be appointed by him, to visit and examine every such corporation 
in this State. The superintendent shall also have power, in like 
manner, to examine any such corporation whenever, in his judg- 
ment, it may be deemed necessary or expedient. The said superin- 
tendent and every such examiner shall have power to administer an 
oath to any person whose testimony may be required on any such 
examination, and to compel the appearance and attendance of any 
such person for the purpose of such examination, by summons, 
subpcena or attachment, in the manner now authorized in respect 
to the attendance of persons as witnesses in the courts of record of 
this State ; and all books and papers which it may be deemed neces- 
sary to examine by the superintendent or examiner so appointed 
shall be produced, and their production may be compelled in like 
manner. The expense of every such special examination, if any, shall 
be paid by the corporation examined, in such amount as the superin- 
tendent shall certify to be just and reasonable; but whenever such 
special examination shall be made by the superintendent in person, 
or by one or more of the regalar clerks in his department, no charge 
shall be made except for necessary traveling and other actual ex- 
penses. The result of any such exammation shall be certified by 
the examiner, or one of them, upon the records of the corporation 
examined, and the results of all the regular examinations during the 
previous two years shall be embodied in the biennial reports of the 
superintendent required by this act to be submitted to the Legisla- 
ture. 

§ 23. Whenever it shall appear to the said superintendent, from 
any such examination or report, that any such corporation has 
committed any violation of law, or is conducting its business in an 
unsafe or unauthorized manner, he shall, by an order under his 
hand and seal, direct the discontinuance of such illegal and unsafe 
or unauthorized practices, and strict conformity with the require- 
ments of the law, and with safety find security in its transactions ; and 
whenever any such corporation shall refuse or neglect to make any 
such report as is hereinbefore required, or to comply with any such 
order as aforesaid, or whenever it shall appear to the superintendent 
that it is unsafe or inexpedient for any such corporation to continue 
to transact business, or that extraordinary withdrawals of money 
are jeopardizir:g the interests of remaining depositors, or that any 
trustee or officer has abused his trust or been guilty of misconduct 
or malversation in his official position injurious to the institution, 
or that it has suffered a serious loss by fire, burglary, repudiation 
or otherwise, he shall communicate the facts to the Attorney Gen- 
eral, who shall thereupon institute such proceedings as the nature 
of the case may require. Such proceedings may be for an order 
restraining such institution from paying out more than ten per cent. 



BANKS AND BANKING. 87 



of its funds in any six months, or until the further order of the 
court, or for the removal of one or more of the trustees, or for the 
transfer of the corporate powers to other persons, or the consolida- 
tion and merger of the corporation with any other savings corpora- 
tion that may be willing to accept of the trust, or for a j)'t'o rata 
per cent, apportionment among the depositors of the loss suffered 
by debiting their accounts therewith, or for such other or further 
relief or correction as the particular facts communicated to him 
shall seem to require. And the court before which such proceedings 
shall be instituted shall have power to grant such orders, and in its 
discretion, from time to time, to modify or revoke the same and to 
grant such relief as the evidence, situation of the parties and the 
interests involved shall seem to require ; and whenever in such pro- 
ceedings an order shall be granted restraining such corporation from 
paying out or disposing of any moneys or property of or held by such 
corporation, the superintendent may, and if directed by the court, 
shall take temporary possession of all the assets, property and rights 
of or held by such corporation, and hold such possession until re- 
stored to the trustees, or until further order of the court. 

§ 24. All savings banks or institutions for savings or other cor- 
porations incorporated under the authority of this State, and doing 
business in receiving or investing savings deposits, availing them- 
selves of this act, may exercise the powers, be governed by the rules 
and be subject to the duties, liabilities and provisions contained in 
this act, so far as the same are consistent with the provisions of 
their respective charters, although they have a capital stock or bond 
for the additional security of their depositors, and pay dividends 
thereon; and any such corporation may, by vote, at its annual 
meeting, or at a meeting called for the purpose, become reorganized 
and incorporated under this act, or may accept any provision of 
this act which is inconsistent with any provision of its charter in 
lieu of such inconsistent provision : Provided, that nothing herein 
contained shall require any such corporation to change any of its 
investments theretofore made. Any corporation availing itself of 
the provisions of this act. may provide for the return of the whole 
or any part of its capital stock and surplus to the stockholders : 
Provided, such repayment shall be no greater in amount at any 
time than the net surplus thereafter accumulated. The charter and 
corporate powers and rights of any such corporation reorganizing 
under this act may, if so desired and voted at the meeting, be held 
in suspense and may be resumed by the corporators thereof or their 
successors and assigns, at pleasure. All the acts and proceedings 
of the intention to avail themselves of any provisions of this act 
shall be certified in writing, under the hand of the president and 
the corporate seal of such corporation, attested by the treasurer or 
secretary thereof, and upon the filing of such certificate in the office 
of the superintendent of the banking department, the powers and 
provisions hereby conferred and thereby accepted shall immediately 
take effect. 



BANKS AND BANKING. 



MISCELLANEOUS PROVISIONS. 

§ 25. It shall be the duty of the Governor, by and with the ad- 
vice and consent of the Senate, to appoint a superintendent of the 
banking department, to hold office for four years, and he shall also 
fill any vacancy for any unexpired term. Until such superintendent 
shall be appointed and qualified the Auditor shall act as superin- 
tendent. Before entering upon his duties the superintendent shall 
take an oath, as in cases of other civil officers, and shall execute a 
bond to the People of the State of Illinois, in the penal sum of ten 
thousand dollars, with sureties to be approved by the Governor and 
Auditor, conditioned to the strict and faithful discharge of the 
duties of his office, according to law. His compensation shall be 
two thousand dollars per annum, payable out of the treasury, from 
the savings fund, which is hereby appropriated therefor ; and the 
Auditor shall draw his warrant on the State treasury therefor, at 
the written request of such superintendent. No officer of any bank, 
trust company or savings institution shall be eligible to said office. 
And if said superintendent, at any time, shall become indebted or.i 
obligated to any bank, trust company or savings institution, or 
shall engage or be interested in the sale of securities as a business, 
or in the negotiation of loans for others, his office shall become 
vacant. 

§ 26. The superintendent is hereby authorized to have a seal of 
office, and from time to time to employ so many clerks and 
examiners as may be necessary to discharge in a proper manner 
the duties imposed upon him by this act ; and their salary shall 
be paid to them monthly, out of the treasury of the State, from 
the savings fund, upon the certificate of the superintendent and 
warrant of the Auditor. The superintendent shall, in his annual 
report to the Legislature, state the names of the clerks and ex- 
aminers so employed, and the compensation allowed to them 
severally. 

§ 27. For the purpose of defraying the expenses incurred in the 
performance by the superintendent of the general duties, including 
regular examinations, imposed upon him by this act, each savings 
corporation organized under this act shall pay five dollars, and the 
residue of such expenses shall be paid by savings corporations whose 
funds exceeds one hundred thousand dollars, in proportion to the 
amount of assets severally held and reported by them, and the 
sums so contributed shall be paid into the treasury of the State 
and constitute the savings fund. If any such savings corporation 
shall, after due notice, refuse or neglect for thirty days to pay its 
allotted share of such charges, the said superintendent may main- 
tain an action, in his name of office, against such corporation for 
the recovery of such charges. 

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



Witness my hand this 23d day of May, A. D. 1887. 



HENEY D. DEMENT, 

Secretary of State. 



BANKS AND BANKING. 



89 



STATE BANKING SYSTEM. 



§1. 



S2. 



§3. 
§4. 



§5. 



¥6. 



§8. 
§9. 



After the ratification of this act by a 
vote of the people, corporations with 
banking powers may be formed. 

Application to organize made to the 
Auditor. 

Directors or managers, election. 

Officers and employes; list of stock- 
holders : annual election of directors ; 
vacancies. 

Examination by the Auditor ; certificate 
to do business ; record of certificate in 
county recorder's office ; organization 
completed. 

Liability of stockholders ; list of stock- 
holders filed in recorder's office; 
transfer of stock. 

Eeports to the Auditor ; publication of 
reports. 

Annual examinations. 

Corporate powers. 



§ 10. Limitation of loans. 

§11. Capital stock; impairment of capital 
stock. 

§ 12. Change of name, place of business, 
increase or decrease of directors or 
capital stock, and consolidation; 
special meetings called for tliat pur- 
pose; changes may be made at regu- 
lar meeting ; banks heretofore organ- 
ized subject to the provisions of this 
act; publication of changes. 

§ 13. Eeport of proceedings for consolidation 
forwarded to the Auditor. 

§ 14. Changes of name, etc., heretofore 
made, confirmed. 

§ 15. Dissolution and surrender of chart.er ; 
publication of certificate of dissolu- 
tion . 

§ 16. Secretary of State shall submit this 
act to vote according to law. 



An Act concerning corporations with banking poicers. 



Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That on a ratification of this 
act by a vote of the people in accordance with the constitution of 
this State, it shall be lawful to form banks and banking associa- 
tions for the purpose of discount and deposit, and to buy and sell 
exchange and do a general banking business, excepting only issuing 
bills to circulate as money, and shall have power to loan money on- 
personal and real security and accept and execute trusts. 

§ 2. When any association of persons desire to avail themselves 
of the provisions of this act, they may apply to the Auditor for per- 
mission to organize, stating their place of business, the amount of 
capital and name under which they desire to organize and the time 
for which such association shall continue, which statement shall be 
under their hands and seals and acknowledged before some officer 
authorized by law to acknowledge deeds; and the Auditor shall 
issue to them a permit to organize. But no permit shall be 
issued to more than one association of the same name ; and all per- 
sons or associations formed under this act shall have their capital 
stock divided into shares of one hundred dollars each. 

§ 3. As soon as may be after receipt of authorization, books of 
subscription to the capital stock may be opened, and when the cap- 
ital stock shall have been fully subscribed for, a meeting of the sub- 
scribers to the stock of such association shall be called (each sub- 
scriber having had at least three days' notice) for determination of 
the number and election of directors to serve as managers for one 
year, and until their successors are elected. And no director shall 
be elected unle s he shall have received votes representing at least 
a majority of the shares of the association; and the voting may be 
done by person or by proxy, and at such election the subscribers 
or stockholders shall have the right to vote for the number of shares 



90 BANKS AND BANKING. 



owned or subscribed by him for as many persons as there are di- 
rectors to be elected, or to cumulate such shares and give one can- 
didate as many votes as the number of directors multiplied by the 
number of his shares of stock shall equal, or to distribute them on 
the same principle among as many candidates as he shall deem 
proper. 

§ 4. The directors so elected may proceed to organize by the 
election of one of their number as president, and may appoint the 
necessary officers and employes and fix their salaries ; to carry on 
the business of the association and make by-laws (not inconsistent 
with this act) for the government of the association ; and they shall 
take and subscribe to an oath, such as the Auditor shall prescribe, 
of fealty to the association of which they are directors, and that 
they will not knowingly violate the provisions of this act. And 
they will cause to be kept suitable books of record of all the trans- 
actions of the association, and shall furnish to the Auditor lists of 
the stockholders and copies of any other records the Auditor may 
require. And there shall be an annual meeting of the stockholders 
for the election of directors each year on the first Monday in Jan- 
uary, unless some other date shall be fixed in the by-laws of the 
association. Any omission to elect directors shall not impair any 
of the rights and privileges of the association or of any person in 
any way interested, but the existing directors shall hold office until 
their successors are elected and qualified, as in such castas may be 
by by-law provided. Vacancies may be filled by a two-thirds vote 
of the remaining directors. 

§ 5. When the directors have organized, as in section 4 of this 
act, and the capital stock of such association shall have been all 
fully paid in and record of the same laid before the Auditor, he 
shall by himself or some competent person of his appointment 
make a thorough examination into the affairs of such association, 
and if satisfied the authorized capital has been paid in, and that 
the association has the full amount dedicated to the business, and 
when they pay into the Auditor's office the reasonable expenses of 
such examination, he shall give them a written or printed certifi- 
cate, under seal, authorizing them to commence the business 
designated in section one of this act. And said certificate, and the 
permit issued in accordance herewith, duly certified by said Auditor, 
shall be filed and recorded in the office for the recording of deeds 
in the county where such bank is organized, and the original, or a 
certified copy thereof, shall be evidence in all courts of the exis- 
tence and authority of said corporation to do business. Upon the 
recording of said certificate and permit said bank shall be deemed 
fully organized and may proceed to business. 

§ 6. The shareholders of each association formed under the pro- 
visions of this act shall be held individually responsible equally and 
ratably, and not one for the other, for all contracts, debts and en- 
gagements of such person or association to the extent of the amount 
of their stock therein at the par value thereof, in addition to the 
amount invested in such shares, and it is hereby made the duty of 
the president and cashier within thirty days after organization to 
file in the office of the recorder of deeds of the county in which 



BANKS AND BANKING. 91 



such bank is located, a certified list of all the stockholders, giving 
the number of shares of stock held by each, and thereafter a certi- 
ficate of all transfers of stock not later than ten days after such 
transfer. No transfer of stock shall operate as a release of liability 
provided in this section until the transfer is so recorded and even 
such action shall not release his liability on his unpaid stock. 

§ 7. Any and all persons and associations, organizing under the 
provisions of this act, shall make to the Auditor a report according 
to the form which may be prescribed by him, verified by oath or 
affirmation of the president or cashier of such association, which 
report shall exhibit in detail, and under appropriate heads, the re- 
sources and liabilities of such bank or association before the com- 
mencement of business on the morning of any day he may choose ; 
and he shall call for such reports at least once every three months 
of each year, and the officers of said bank shall transmit the same 
to the Auditor within five days after receiving call for the same; 
and any bank failing to make and transmit such report or to com- 
ply with any provisions of this act, shall be subject to a penalty 
of one hundred dollars for each day, after five days, that such re- 
port is delayed beyond that time. And he shall cause such report 
to be published at the expense of such bank in some newspaper 
published in the city or town where such bank is located ; or if no 
newspaper is published in such town, then in the nearest news- 
paper to such town. Every such quarterly report shall be accom- 
panied with a fee of five dollars to defray the expenses of examin- 
ing the same and preparing it for publication. 

§ 8. The Auditor, as often as he shall deem necessary or proper, 
and at least once in each year, shall appoint a suitable person or 
persons to make an examination of the affairs of every bank, estab- 
lished under the provisions of this act, which person shall not be a 
stockholder or officer or employe of any bank which he may be 
directed to examine, and who shall have power to make a thorough 
examination into all the affairs of the bank, and in so domg to 
examine any of the officers or agents or employes thereof on oath, 
and shall make a full and detailed report of the condition of the 
bank to the Auditor; and the bank shall not be subject to any 
other visitorial power than such as may be authorized by this act, 
except such as are vested in the several courts of law and chancery. 
And every person appointed to make such examination shall receive 
for his services at the rate of ten dollars for each day by him 
employed in such examination, and two dollars for each twenty-five 
miles he shall necessarily travel in the performance of his duty, 
which shall be paid to them by the bank examined. 

§ 9. Associations organized under this act shall be bodies cor- 
porate and politic for the period for which they may be organized, 
may sue and be sued, may have a common seal which they may 
alter or renew at pleasure, may own, possess and may carry as 
assets the real estate necessary in which to do its banking busi- 
ness, and such other real estate to which it may obtain title in the 
collection of its debts, but shall not carry in its assets any real 
estate except its banking house for a period of more than five years 
after acquiring title to the same. 



92 BAKES AND BANKING. 



§ 10, The total liabilities to any association, of any person, or of 
any company or firm, for money borrowed, including in the liabili- 
ties oi' a company or firm the liabilities of the several members 
thereof, shall at no time exceed one-tenth part of the amount of 
capital of such association actually paid in. But the discount of 
bills of exchange drawn in good faith, against actually existing 
values, and the discount of commercial or business paper actually 
owned by the person negotiating the same, shall not be considered 
as money borrowed. 

§ 11. Associations may be organized under this act in incorpor- 
ated towns, villages, or cities of not to exceed five thousand population, 
with a capital stock of not less than twenty-five thousand dollars, 
and in all cities, villages or incorporated towns of not to exceed ten 
thousand population with a capital stock of not less than fifty 
thousand dollars ; and should the capital of any bank organized 
under this act become impaired, the Auditor shall give notice to 
the president to have the impairment made good by assessment of 
the stockholders, or a reduction of the capital stock of such bank, 
if the reduction should not bring the capital below the provision of 
this section ; and if the capital stock of said bank shall remain 
impaired for thirty days after notice by the Auditor, he shall have 
power, and it is hereby made his duty, to enter suit against each 
stockholder in the name of the People of the State of Illinois, for 
the use of said bank, for his or her pro rata proportion of such im- 
pairment, and when collected shall pay over the amount thereof to 
said bank, and the judgment in such case shall be for the amount 
claimed, with all costs and reasonable attorney's fees, which fees 
shall be fixed by the court; or he may in his discretion file a bill 
in the circuit court of the county in which said bank is located, in 
the name of the People of the State of Illinois, against said bank 
and its stockholders, for the appointment of a receiver for the wind- 
ing up of the affairs of said bank. And said court, upon the pre- 
sentation of said bill, and upon being made satisfied that the capi- 
tal of said bank has become impaired, shall immediately appoint a 
competent and disinterested person as such receiver, and shall 
determine and fix his bonds, and shall prescribe his duties. And 
said cause shall proceed as other cases in equity. 

§ 12. Whenever the board of directors, managers or trustees of 
any corporation having any banking powers existing by virtue of any 
general or special law of this State, or any corporation with bank- 
ing powers hereafter organized under the provisions of this act, may 
desire to change the name, to change the place of business, to 
increase or decrease the capital stock, to increase or decrease the 
number of directors, managers or trustees or to consolidate such 
corporation with any other corporation having banking powers which 
may hereafter exist, they may call a special meeting of the stock- 
holders of such corporation for the purpose of submitting to a vote 
of such stockholders the question of such change of name, change 
of place of business, increase or decrease of number of directors, 
managers or trustees, increase or decrease of capital stock, or con- 
solidation with some other corporation', as the case may be : Pro- 
vided, that in changing the name of any corporation under the 



BANKS AND BANKING. 93 



provisions hereof, no name shall be assumed or adopted by any 
corporation orpfanized under the laws of this State without the con- 
sent of such other corporation, and that in no case shall the capital 
stock be diminished to the prejudice of the creditors of such corpora- 
tion,- or the number of directors, managers or trustees be reduced 
to less than five or increased to more than eleven. Such special 
meeting shall be called by delivering personally, or by depositing 
in the postofflce, at least thirty days beloie the time fixed for such 
meeting, a notice properly addressed to each stockholder, signed by 
a majority of said directors, managers or trustees, stating the time, 
place and object of such meeting. A general notice of the time, 
place and object of such meeting shall also be published for three 
successive weeks in some newspaper printed in or nearest to the 
county in which the principal business office of said corporation is 
located. At any such meeting stockholders may vote in person or 
by proxy, each stockholder being entitled to one vote for each share 
of stock held by him, and votes representing two-thirds of all the 
stock of the corporation shall be necessary for the adoption of the 
proposed change of name, place of business, number of directors, 
managers or trustees, amount of capital stock, or consolidation with 
some other company. At any regular meeting, or at the time and 
place specified in said notice of a special meeting called for that 
purpose, said propositions or any of them may be submitted to a 
vote, and if it shall appear that two-thirds of all the votes repre- 
sented by the whole stock of such corporation are in favor of the 
propositions, or any of them, so submitted, a certificate thereof, 
verified by the affidavit of the president, and under seal of the 
corporation, shall be filed in the office of the Auditor, and a like 
certificate filed for record in the office of the recorder of deeds of 
the county where the principal business office of such corporation 
is located, and upon the filing of such certificate the changes pro- 
posed and voted for at such meeting, as to name, place of business, 
increase or decrease of capital stock, or number of directors, man- 
agers or trustees, or consolidation with some other company, shall 
be and is hereby declared accomplished in accordance with the said 
vote of the stockholders : And, provided, further, that any corpora- 
tion with banking powers availing itself of or accepting the benefits 
of, or formed under, this ■ act, and all corporations with banking 
powers existing by virtue of any special charter or general law of 
this State, shall be subject to the provisions and requirements of 
this act in every particular, as if organized under this act. Such 
corporation shall, upon the filing of said certificate, cause to be 
published in some newspaper in or nearest the county in which 
their principal office is located a notice of such changes of organiza- 
tion for three successive weeks. Such change of name, place of 
business, increase or decrease of capital stock, increase or decrease 
of number of directors, managers or trustees, or consolidation of 
one corporation with another, shall not affect suits pending in which 
such corporations or corporation shall be parties, nor shall such 
changes affect causes of action, nor the rights of persons in any 
particular; nor shall suits brought against such corporation by its 
former name be abated for that cause. 



94 ' BANKS AND BANKING. 



§ 13. All corporations with banking powers consolidating as pro- 
vided in section 12, shall forward to the Auditor the complete pro- 
ceeding of their consolidation, a list of the stockholders, and such 
other records as the Auditor may require, when the Auditor shall 
proceed as provided in section 5 of this act in regard to the organi- 
zation of new banks, and until he shall so proceed, and such con- 
solidated corporation shall comply with all the provisions of such 
section, it cannot begin business. 

§ 14. In all cases where any corporation having any banking 
powers existing under and by virtue of any general or special laws 
of this State, has, prior to the passage of this act, changed its name 
or its place of business, or increased or decreased its capital stock, 
or the number of its directors, managers or trustees in the manner 
provided by an act of the General Assembly of this State, entitled 
"An act to provide for changing the names, for changing the places 
of business, for increasing or decreasing the capital stock, for in- 
creasing or decreasing the number of directors, and for the consoli- 
dation of incorporated companies," approved and in force March 26, 
1872, such change or changes are hereby ratified and confirmed and 
made valid and legal in all respects as if made in pursuance of the 
provisions of this act. 

§ 15. Any association organized under this act, or any corpor- 
ation with banking powers organized in jDursuanee of any general 
or special law of this State, or any consolidated corporation with 
banking powers as provided for by this act, on depositing with the 
Auditor an amount of money equal to the whole amount of debts 
and demands against it, including the expenses of this proceeding, 
may determine its affairs, distribute its assets among its stockhold- 
ers, resign its charter or certificate of incorporation, and close up 
its business, by a resolution passed at a meeting of its stockholders 
called for such purpose. The Auditor shall cause a copy of such 
resolution to be published in some newspaper published in the city 
or village where such bank or corporation is located, or if no news- 
paper shall there be published, then in the newspaper nearest to 
such city or village, and the Auditor shall in such publication also 
give notice that the notes and demands against such bank or cor- 
poration will be redeemed by him, and if any outstanding notes or 
other demands are not presented in one year, such bank may de- 
posit with the Auditor or elsewhere under his direction and subject 
to his order, on interest, a sum sufficient to meet such outstanding 
demands, which, when presented to the Auditor, shall be paid by 
him out of such sum, and after six years from the day on which 
the publication of the dissolution was first made, the Auditor shall 
return to the stockholders, to be among them distributed, the re- 
mainder of any sum so deposited. The Auditor shall be entitled to 
two per cent, of all money paid out by him, under the provisions 
of this section, where the amount so paid on account of any one 
bank or corporation shall not exceed five thousand dollars, and one 
per cent, after that, 

§ 16. It shall be the duty of the Secretary of State for this State 
to submit this act to a vote of the people for their ratification, ac- 
cording to article XI, section 5, of the Constitution of this State, 



BETS, WAGERS AND POOLS. 95 



at the next general election, and the question shall be "For the 
general banking law," or "Against the general banking law." And 
if approved by a majority of the votes cast at such election for or 
against such law, the Governor shall thereupon issue his proclama- 
tion that this act is then in force. 

Appkoved June 16, 1887. 



BETS, WAGEES AND POOLS. 



BOOK-MAKING AND POOL-SELLING PROHIBITED. 

§ 1. Prohibits the keeping of pool rooms, and fixes penalties therefor. Fair and racing 
grounds during the meeting of associations exempt. 

An Act to prohibit book-making and pool-selling. 

Section 1. Be it enacted by the People of [the] State of Illinois, 
repi'esented in the General Assembly: That any person who keeps 
any room, shed, tenement, tent, booth or building, or any part 
thereof, or who occupies any place upon , any public or private 
grounds within this State with any book, instrument or device for 
the purpose of recording or registering bets or wagers, or of selling 
pools, or any person who records or registers bets or wagers, or 
sells pools upon the result of any trial or contest of skill, speed or 
power of endurance of man or beast, or upon the result of any 
political nomination, appointment or election ; or being the owner, 
lessee or occupant of any room, shed, tenement, tent, booth or 
building, or part thereof, knowingly permits the same to be used or 
occupied for any of these purposes, or therein keeps, exhibits or 
employs any device or apparatus for the purpose of recording or 
registering such bets or wagers, or selling of such pools, or becomes 
the custodian or depository for hire, or privilege, of any money, 
property, or thing of value staked, wagered, or pledged upon any 
such result, shall be punishable by imprisonment in the county jail 
for a period not longer than one year, or by fine not exceeding 
$2,000, or both : Provided, however, that the provisions of this act 
shall not apply to the actual enclosure of fair or race track asso- 
ciations that are incorporated under the laws of this State, during 
the actual time of the meetings of said associations, or within 
twenty- lour hours before any such meetings. 

Approved May 31, 1887. 



96 BUCKET-SHOPS. 



BUCKET-SHOPS. 



PROHIBITS GAMBLING IN GRAIN, PKODUCE, ETC. 

S 1. Makes it unlawful for any person, firm i § 2. Defines this act. 

or corporation, to keep a '/bucket- i § 3. Requires contracts to be made, 

shop or place for dealing ingrain, o,T,;ri fi,-ij- tt-i 

stocks, produce, etc.. on mat-gins; §4. Makes owner of building liable, 
penalties. I 

An Act to suppress bucket-shops and gambling in stocks, bonds, 
petrolemn, cotton, grain, provisions or other produce. 

Section 1- Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be unlawful for 
any corporatien, association, co-partnership or person to keep or 
cause to be kept within this State any bucket-shop, office, store or 
other place wherein is conducted or permitted the pretended buying 
or selling of the shares of stocks or bonds of any corporation, or 
petroleum, cotton, grain, provisions or other produce, either on 
margins or otherwise, without any intention of receiving and pay- 
ing for the property so bought, or of delivering the property so 
solil ; or wherein is conducted or permitted the pretended buying or 
selling of such property on margins ; or when the party buying 
any of such property, or offering to buy the same, does not intend 
actually to receive the same if purchased, or to deliver the same if 
sold ; and the keeping of all such places is hereby prohibited. 
And any corporation or person, whether acting individually or as a 
member or as an officer, agent or employe of any corporation, 
association or co-partnership, who shall be guilty of violating this 
section, shall, upon conviction thereof, be fined in any sum not 
less than $'200 and not more than $500 ; and any person or persons 
who shall be guilty of a second offense under this statute, in 
addition to the penalty above prescribed, shall, upon conviction, 
be imprisoned in the county jail for the period of six months, and 
if a corporation, shall be liable to forfeiture of its charter. And 
the continuance of such establishment after first conviction shall be 
deemed a second offense. 

§ 2. It shall not be necessary, in order to commit the offense 
defined in section 1 of this act, that both the buyer and the seller 
shall agree to do any of the acts therein prohibited, but the said 
crime shall be complete against any corporation, association, co- 
partnership or person thus pretending or offering to sell, or thus 
pretending or offering to buy, whether the offer to sell or buy is 
accepted or not ; and any corporation, association, co-partnership 
or person who shall communicate, receive, exhibit or display, in 
any manner, any such offer to so buy or sell, or any statements or 
quotations of the prices of any such property, with a view to any 
such transaction as' aforesaid, shall be deemed an accessory, and, 
upon conviction thereof, shall be lined and punished the same as 
the principal and as provided in section one of this act. 



CEMETERIES. 97 



§ 3. It shall be the duty of every commission merchant, co- 
partnership, association, corporation or broker doing business as 
such to furnish, upon demand, to any customer or principal for 
whom such commission merchant, broker, co-partnership, corpora- 
tion or association has executed any order for the actual purchase 
or sale of any of the commodities hereinbefore mentioned, either 
for immediate or future delivery, a written statement containing the 
names of the parties from whom such property was bought, or to 
whom it shall have been sold, as the case may be, the time when, 
the place where and the price at which the same was either bought 
or sold ; and in case such commission merchant, broker, co-part- 
nership, corporation or association shall refuse promptly to furnish 
such statement upon reasonable demand, the fact of such refusal 
shall be prima facie evidence that such property was not sold or 
bought in a legitimate manner. 

§ 4. Whoever knowingly permits any of the illegal acts aforesaid 
in his building, house, or in any outhouse, booth, arbor or erection 
of which he has the care or possession, shall be fined not less than 
$500 nor more than $1,000; and any penalty so adjudged shall be 
a lien upon the premises on or in which such unlawful acts are 
carried on or permitted. It is the intention of this act to prevent, 
punish and prohibit, within this State, the business now engaged 
in and conducted in places commonly known and designated as 
bucket-shops, and also to include the practice now commonly known 
as bucket-shopping by persons, corporations, associations or co- 
partnerships, who ostensibly carry on the business or occupation of 
commission merchants or brokers in grain, provisions, petroleum, 
stocks and bonds. And it shall be the duty, under this act, of all 
the judges of the several circuit courts in this State, and of the 
judges of the criminal court of Cook county, at every regular term 
thereof, to charge all regularly impaneled grand juries to made due 
investigation and report upon all violations of the provisions of 
this act. 

Approved June 6, 1887. 



CEMETEEIES. 



COUNTY. 



§ 1. Trustees, appointed by county boards. 
§ 2. Organization and officers. 
§ 3. Duties of the treasurer. 
§ 4. Surveys and plat ; sale of lots ; manage- 
ment. 



§ 5. Former trustees. 
§ 6. Removal of trustees. 
§ 7. Compensation. 



An Act to provide for the proper care and management of county 

cemetery grounds. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That where any grounds have 
heretofore or may hereafter be conveyed to any county in this State 

—7 . 



98 CEMETERIES. 



for burial places, it shall be lawful for the board of supervisors in 
counties under township organization, and the county commissioners 
in counties not under township organization, to appoint three 
trustees to take charge and control of such grounds. 

§ 2. It shall be the duty of such trustees, as soon as may be, 
after their appointment, to hold a meeting and organize, by ap- 
pointing one of their number president, and another one of their 
number clerk, whose duty it shall be to keep a record of their offi- 
cial acts in a book to be provided for that purpose, and the trus- 
tees shall also appoint a treasurer, who may or may not be one of 
their number, who, before entering upon the duties of his office, 
shall give bond, with security, payable to the People of the State of 
Illinois, for the use and benefit of the county in which the grounds 
are situated, in such sum as the judge of the county court may re- 
quire for his approval, for the safe care and management of all 
the moneys which may come into his possession, as such treasurer. 

§ 3. It shall be the duty of the treasurer to keep a correct ac- 
count of all moneys received and paid out by him, in a book to be 
provided for that purpose, and to loan, at interest, on notes with 
approved security, all amounts not necessary to be reserved for ex- 
penses, to keep the grounds in good repair, under the direction of 
the trustees, and shall make settlement with the trustees in Janu- 
ary of each year, and the trustees or county board of supervisors, or 
commissioners in counties not under township organization, may, at 
any other time, require the treasurer, as often as they may deem 
best, to make full report, and for a failure to make satisfactory re- 
port may be discharged and some other shall be appointed in his 
place, and suit shall be commenced on his bond, whenever deemed 
necessary for the safety of the funds that shall have been received 
by him in his official capacity. 

§ 4. The trustees provided for in this act may cause any such 
grounds to be surveyed into lots, streets and alleys of such size and 
shape as they think best for proper management thereof, and cause 
a plat of the survey to be made and recorded in the recorder's office 
of the proper county, and may also sell and make deeds of convey- 
ance of any lots, or parts of lots, for family or individual use for 
burials, at such price, and such terms, as they may think best, to 
create a fund to keep the grounds in good repair, and purchase, 
where necessary, additional grounds thereto, and any sale so made 
shall vest the purchaser, or his legal representatives, with the right 
to make any improvements on the part so purchased as he may 
desire, subject to any general rules or regulations of the trustees. 
The trustees shall also have the right to decide and direct the depth 
all graves shall be dug, and to set apart any portion of the grounds 
for the burial of paupers. 

§ 5. Where any county board has heretofore appointed trustees to 
take charge of county cemetery grounds, and such trustees have 
performed any acts by virtue of their appointment, which would not 
be inconsistent with the provisions of this law, such acts are hereby 
legalized, and the treasurer and trustees so appointed shall be here- 
after subject and governed by the provisions of this act. 



CHAKITABLE INSTITUTIONS, STATE. 99 



§ 6. The county board shall have the power to remove from 
office any trustee appointed by it, and to fill all vacancies which 
may in any way occur. 

§ 7. The compensation of the trustees and treasurer mentioned 
in the foregoing sections of this act, shall be fixed by the board of 
supervisors in counties under township organization, and by the 
county commissioners in counties not under township organization, 
of the respective counties. 

Approved June 17, 1887. 



CHARITABLE INSTITUTIONS, STATE. 



CENTRAL HOSPITAL FOR THE INSANE. 

§ 1. Trustees authorized to sell a certain ] § 2. Appraisement, 
tract of land; expending proceeds. | 

An Act authorizing the Board of Trustees of the Illinois Central Hos- 
pital for the Insane, located at Jacksonville, to sell and convey cer- 
tain lands to the city of Jacksonville. 

Section 1. Be it enacted, by the People of the State of Illinois, rep- 
resented in the General Assembly: That the Board of Trustees of 
the Illinois Central Hospital for the Insane, located at Jacksonville, 
Illinois, shall have power, and the same is hereby given them, to 
sell and convey to the city of Jacksonville, in the State of Illinois, 
for use by said city in connection with said city's pumping works and 
water works, a certain tract of four acres of land, more or less, situated 
near the present pumping works of said city, located on Superior ave- 
nue in said city, and now held and controlled by said board of trustees 
for the use of said hospital. The said board of trustees shall 
further have power to expend in the purchase of other lands, for 
the use of said hospital, all sums of money that may be realized 
from the sale to said city of the four acres of land above men- 
tioned. 

§ 2. The Governor shall appoint three discreet and competent 
persons, residents of the city of Jacksonville, who shall make, under 
oath, a fair and impartial jippraisement of the value of the lands 
in question, and the board of trustees are hereby authorized to 
sell and convey said lands to said city, upon the payment by said 
city to said board of the amount or sum at which the said lands 
shall be by said persons valued and appraised. 

Approved June 16, 1887. 



100 



CHARITABLE INSTITUTIONS, STATE. 



HOSPITALS FOR THE INSANE. 



§ 1. Requires superintendents of hospitals § 2. Penalties for failure to comply with 
for the insane to make semi-annual this act. 

reports to county clerks of the num- 
ber of patients confined in the hos- 
pital from such county. 

An Act to require superintendents of hospitals for the insane to make 
reports to the county clerks of the various counties in this State. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That each superintendent of any 
hospital for the insane in this State shall, hereafter, on the first 
day of January and July, of each year, furnish the clerk of the 
county court of the proper county thereof, with a full and complete 
list of all insane patients confined in said hospital from said county, 
stating the date of admission of each, whether said patients be 
paupers, the present physical and mental condition' of each; also 
giving the names of such as may have died or been discharged 
since last report, with date of such death or discharge. 

§ 2. Any such superintendent failing to comply with the forego- 
ing section shall be liable to a fine of one hundred dollars for each 
failure, to be collected by suit before a justice of the peace of the 
county wherein such hospital is situate, on complaint of such clerk 
of the county . court, or other person having relatives or friends 
confined in said hospital. 

Approved June 8, 1887. 



REPORT OF trustees. 

§ 1. Amends section 28 of the act of 1875 by requiring reports to be made September 1 
biennially up to Tune 30 preceding. 

An Act to amend section 28 of an act entitled "An act to regulate the 
State charitable institutions and the State Reform School, and to im- 
prove their organization and increase their efficiency," approved April 
15, 1875. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 28 of an act 
entitled "An act to regulate the State charitable institutions and the 
State Reform School, and to improve their organization and increase 
their efficiency," approved April 15, 1875, be and the same is here- 
by amended to read as follows : 

"Section 28. On or before the first day of September preceding 
each regular session of the General Assembly, the trustees of each 
of the State institutions named in this act shall make out and 
transmit to the State Commissioners of Public Charities, and they 
if they find the same to be correct, shall deliver the same to the 



CHARITABLE INSTITUTIONS, STATE. 101 



Governor, a full and detailed report of all their transactions and 
doings for the two years ending on the thirtieth day of June imme- 
diately preceding, showing for the two years, and for each of them 
separately, the number of inmates admitted and discharged since 
their last report, the number then remaining in the institution, the 
average annual attendance, the receipts, disbursements and expendi- 
tures of moneys and other funds, the valuation of property in the 
hands of the trustees, the amount of each appropriation or fund 
under their control, and the balance thereof remaining unexpended 
in their hands or in the treasury of the State. The reports required 
by this section shall be accompanied with a cash statement made 
by the treasurer of the institution, and with such other informa- 
tion, liDancial, statistical or otherwise, in such tabulated form as 
the commissioners of public charities may prescribe and require : 
Provided, that the said commissioners shall prescribe forms of state- 
ments as nearly uniform as may be practicable for all the institu- 
tions, to the end that their accounts, may be compared and consoli- 
dated for the information of the General x\ssembly : And, provided, 
further, that the said commissioners may call for and require special 
reports when, in their judgment, the public interest shall demand 
the same." 



Approved June 16, 1887. 



SOLDIERS AND SAILORS HOME. 

§ 1. Amends section 3, act of 1885, by making a two years' residence in tlie State necessary 
before admission to the Honie. 

An Act to amend section three of an act entitled "An act to establish 
and maintain a Soldiers and Sailors' Home in the State of Illinois,^' 
and provide for the maintenance thereof. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section three of "An act 
to establish a Soldiers and Sailors' Home," approved June 26, 1885, 
in force July 1, 1885, be amended to read as follows : 

"Section 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 served in the war of the rebellion and the 
Mexican war, who are now and shall be prior to the time they may 
apply, bona fide residents of the State for two years, and who are 
not now inmates of National Soldiers and Sailors' Homes claiming 
residence in this State, who may have become disabled through the 
exigencies of such service, or who by reason of old age or other dis- 
abilities are disqualified from earning a livelihood : Provided, that 
soldiers who are in the poorhouses of this State shall be admitted 
to the Home in the first instance." 

Therefore an emergency exists, and this act shall take effect from 
and after its passage. 
Approved June 15, 1887. 



102 CHILDREN — CITIES, TOWNS AND VILLAGES. 



CHILDEEN. 



ABANDONMENT. 
§ 1. Children under 1 year old, penalty for abandonment. 

An Act to prevent the abandonment of children and to provide a 

penalty therefor. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That when any child under 
the age of one year shall be abandoned by its parents, guardian or 
any other person having legal control or custody thereof, such per- 
son or persons shall be deemed guilty of a felony, and, upon con- 
viction thereof, shall be punished by a fine of not less than three 
hundred dollars, or more than one thousand dollars, or by imprison- 
ment in the penitentiary not exceeding three years, or by both fine 
and imprisonment, in the discretion of the court. 

Approved June 16, 1887. 



CITIES, TOWNS AND VILLAGES. 



ALDERMEN. 

§ 1. Amends section 2, article 3, of the act of 1872, for the incorporation of cities and villages 
by fixing the number of aldermen to be elected, when not elected on the minority 
plan. 

An Act to amend section two (2), of article three (3), of an act en- 
titled "An Act to provide for the incorporation of cities and 
villages,'' approved April 10, 1872, in force July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section two (2), of article 
three (3), of an act entitled "An act to provide for the incorpora- 
tion of cities and villages," approved xipril 10, 1872, in force July 
1, 1872, be and the same is hereby amended so as to read as fol- 
lows: 

"Section 2. The number of aldermen, when not elected by the 
minority representation plan, shall be as follows : In cities not ex- 
ceeding three thousand inhabitants, six aldermen ; exceeding three 
thousand but not exceeding five thousand, eight aldermen; exceed- 
ing five thousand and not exceeding ten thousand, ten aldermen ; 
exceeding ten thousand and not exceeding thirty thousand, fourteen 
aldermen; and two additional aldermen for every twenty thousand 
inhabitants over thirty thousand : Provided, however, that in cities 
of over 350,000 inhabitants, there shall be elected forty-eight alder- 
men and no more, unless additional territory shall be annexed to 



CITIES, TOWNS AND VILLAGES. 103 



such city after such city shall have been divided into wards on the 
basis of forty-eight aldermen ; in which case, and as often as new 
territory shall be annexed to such city as aforesaid, containing, or 
which shall afterwards contain, fifteen thousand inhabitants or 
more, the city council of such city may authorize the legal voters 
of such newly annexed territory to elect two aldermen, who shall 
be additional to said forty-eight aldermen, and who shall possess 
all the qualifications of and be elected at the time and in the 
manner provided in the said act of which this is an amendment, 
and may designate said new territory as a ward of said city, and 
if any such annexed territory has less than ten thousand inhabi- 
tants, then the common council shall annex it to any ward or 
wards which it adjoins : Provided, further, that whenever, after 
such new territory shall have been annexed as aforesaid, said city 
shall be re-districted, the number of wards at the time said city is 
re-districted shall be preserved and the city council thereof may, in 
its discretion, change the boundary between such new ward and 
the original territory of the city, and make said new ward larger 
or smaller to comply with the requirements of said act as to 
compactness and equality of inhabitants : Atid provided, further, if 
it shall appear, from any census heretofore or hereafter taken, that 
any city has the requisite number of inhabitants to authorize it to 
increase the number of aldermen, it shall be the duty of the city 
council thereof to proceed without delay and re-district such city in 
accordance with the provisions hereof and to call and hold its next 
city election in accordance with such new re-districting: Provided, 
that at such election, the aldermen who hold over shall be con- 
sidered aldermen for the new wards respectively in which their 
residence shall be." 

Approved May 20, 18S7. 



PETITION to INCORPOEATE. 

5 1. Amends section 1 of the act of 1872, by providing that the question of incorporation 
upon proper petition may be submitted at the next municipal election, or at a special 
election. 

An Act to amend section one (1) of an act entitled "An act to revise 
the law in relation to the incorporation of cities and villages,'^ ap- 
proved April 10, 1872, in force July 1, 1872. 

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

"Section 1. That any city now existing in this State may become 
incorporated under this act in the manner following: Whenever 
one-eighth of the legal voters of such city, voting at the last pre- 



104 



CITIES, TOWNS AND VILLAGES. 



ceding municipal election, shall petition the mayor and council 
thereof to submit the question, as to whether such city shiall become 
incorporated under this act, to a vote of the electors in such city, 
it shall be the duty of such mayor and council to submit such 
question to a" vote of the electors of said city at the next ensuing 
municipal election of said city or at a special election, and to give 
the notice required by law." 

Approved June 17, 1887. 



POLICE DISTEICTS. 



S 1. 



Provides thaLthe territory embraced 
witliinthe limits of adjoining cities, 
towns and villages in the same county 
shall constitute a police district. 



§ 2. Authorizes the police force to operate 

in any part of the district. 
§ 3. Emergency. 



An Act to define police districts, and the powers and the duties of 

the police therein. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the territory which is em- 
braced within the limits of adjoining cities, villages and incorporated 
towns, within any county in this State, shall be a police district. 

§ 2. It shall be lawful for the police of any city, village or 
incorporated town in such district, to go into any part of such 
district to suppress riot, to preserve the peace and protect the lives, 
rights and property of citizens, and for such purposes it shall be 
the duty of the mayor of any city, the president or the president 
and board of trustees of any village, or incorporated town in such 
district, and the chiefs of police therein, to use the police forces 
under their control anywhere in such district. 

§ 3. Whereas an emergency exists, this act shall be in force 
from and after its passage. 

Approved May 13, 1887. 



SPECIAL assessments. 

5 1. Amends article 9 of the act of 1872, for the incorporation of cities and villages by 
authorizing that the payment of special assessments for local improvements maybe 
paid in installments. 

An Act to amend article nine of an act entitled "An act to provide for 
the incorporation of cities and villag'es,'" approved April 10, 1872, 
in force July 1, 1872, by adding thereto the following sections: 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That article nine of an act 
entitled "An act to provide for the incorporation of cities and vil- 



CITIES, TOWNS AND VILLAGES. 105 



lages," approved April 10, 1872, in force July 1, 1872, be and the 
same is hereby amended by adding thereto the following sections, 
viz. : 

"Section 55. That the amount of any special assessment for any 
local improvement in any city, incorporated town or village may be 
divided into installments, when so provided by the ordinance pro- 
viding for the said improvement, the first of which shall not exceed 
the sum of twenty-five per cent, of the total of said assessment, 
and which shall be due and payable from and after confirmation of 
said assessment. The remaining portion of said assessment, after 
deducting the said first installment, shall be divided into four equal 
annual installments, which said installments shall be payable an- 
nually thereafter, and collected in the same manner that other 
assessments are now collected. Each of said four last named in- 
stallments shall bear interest at the rate of six per cent, per annum 
from and after the first day of July next succeeding the confirma- 
tion of said assessment : Provided, that when said confirmation 
shall not be had before the first day of March in any year, that 
said four last named installments shall not bear interest until the 
first day of July in the following year after the said confirmation : 
Provided, that in cities containing a population of fifty thousand or 
more, this and the following sections shall not apply except in cases 
where any such special assessments shall exceed in the aggregate 
the sum of fifteen thousand dollars. 

"Section 56. That any installment or installments which may be 
assessed against any tract, lot, block or piece of land may be paid 
at any time before maturity, in which case interest shall be charged 
only to the time of payment, and upon such payment the property 
for which said payment is made shall be discharged from the lien 
to the extent of such payment. 

"Section 57. Whenever any city, incorporated town or village 
desires to make the collection of any special assessment, as afore- 
said, by installments, under the provision of this act, the ordinance 
providing for said improvement shall also state that the same shall 
be collected by installments, and fix the amount of the first install- 
ment. 

"Section 58. Upon the assessment roll to be returned by the 
commissioners shall be designated, in appropriate columns, first the 
amount of each installment, second the total amount of the assess- 
ment, which said items shall be carried out and set opposite each 
tract, lot or piece of property so assessed. 

"Section 59. The notice to be given by the collector as now pro- 
vided for by law when the assessment is under the provisions of 
this act, in addition to what is now required shall contain the 
amount of each installment, the rate of interest deferred install- 
ments bear, the date of payment, and that the whole of said assess- 
ment, or any installment thereof, may be paid at any time at the 
option of the owner or owners of said lot, block, piece or tract. 

"Section 60. The order of confirmation that shall be entered 
upoii the return of any such assessment roll shall apply to all of 
the installmeiits thereof, and may be entered in one order. 



106 CITIES, TOWNS AND VILLAGES. 



"Section 61. The warrant for the collection of .any such special 
assessment to be made hereunder shall contain a copy of such cer- 
tificate of the judgment, describing the lots, blocks, tracts or parcels 
of lands assessed and the respective amounts assessed upon each 
lot, tract, piece or parcel of land and the year in which each in- 
stallment is payable. 

"Section 62. Proceedings for judgment and sale against lots, 
tracts, pieces and parcels of land for which the assessment has not 
been paid shall be had in the same manner as now provided upon 
each mstallment in the respective years in which they become due 
and payable, and the laws now in force in so far as they are appli- 
cable shall apply. 

" Section 63. Payment for any improvement done or performed 
under the provisions of this act shall be made in the following man- 
ner: From the amount of the first payment, when it shall be 
collected, shall first be paid all the costs of making th« said assess- 
ment, including court costs. The remainder of said payment shall 
then be paid to the person or persons entitled thereto on the con- 
tract for said work. The amount remaining due upon the contract 
for said improvement shall then be divided into four equal parts, 
and the authorities of any city, incorporated town, or village, shall 
issue a voucher to the person or persons entitled thereto for each 
part, payable in same order and manner that the installments are 
payable, and said vouchers shall bear the same rate of interest per 
annum that the said installments bear. Said vouchers shall be 
made payable to the order of the person or persons entitled thereto, 
and state the improvement and the installment for which they are 
issued. They shall also contain the following: In consideration of 

the issuing of this voucher, I hereby for sel , heirs, 

executors, administrators and assigns, accept the same in full pay- 
ment of the amount herein stated, and relinquish any and all claims 
or liens I may have against the (city, incorporated town, or village) 

of for the work mentioned herein, or for the payment of this 

voucher, except from the collection of the installment herein named. 
(Signature of person receiving the same.) 

" Section 64. Any person or persons accepting the vouchers, as 
provided herein, for work done or performed upon any local or 
public improvement, shall have no claim or lien upon the city, 
incorporated town, or village, in any event, for the payment of said 
vouchers or the interest, except from the collection of the install- 
ments for which said vouchers are issued : And, provided, that this 
section shall apply to all holders of any of said vouchers, whether 
the original contractor or their assigns. 

" Section 65. If upon the payment of the money and issuance of 
the vouchers, as provided for in the last section hereof, there shall 
be any surplus remaining of said special assessment over and above 
the payment aforesaid, it shall be the duty of the proper authorities 
of said city, incorporated town, or village, to at once cause the 
respective installments to be credited with their respective proportion 
of said surplus, and in case any person or persons have, before said 
credit has been entered, paid his assessment or any part thereof. 



CITIES, TOWNS AND VILLAGES. 107 



without having received the benefit of said credit, the proper authori- 
ties shall at once cause notice of such over-payment to be sent by 
mail to the person by whom such over-payment was made, and 
upon proper proofs the same shall be repaid. 

" Section 66. In case said special assessment shall be made for 
the purpose of paying the compensation awarded for the taking or 
damaging of private property for public use, payments may be made 
as provided herein in the case of contracts let, and the acceptance 
by the owner of any lot, piece or tract taken or damaged of the 
vouchers issued shall be deemed payment to said owner or owners 
of said compensation, and upon proof thereof, an order of possession 
may be entered as is now provided : Provided, that after a special 
assessment has been confirmed to pay for property taken or damaged 
for public use, the city council in cities and the president and board 
of trustees in villages may appropriate and advance a sufiQcient 
amount to pay the compensation awarded, or so much of the same 
as shall not have been paid by acceptance of vouchers as herein 
provided : Provided, however, that such appropriation and advance- 
ment shall in no way affect the collection of said assessment, but 
the same shall be collected in the same manner as though said 
appropriation had not been made : And, provided, further, that when 
such assessment shall have been collected, that the same, together 
with the interest thereon, shall be paid into the general fund of said 
city, incorporated town, or village, in liquidation of the amount so 
advanced. 

"Section 67. In all cases where special assessments shall have 
been made, but not confirmed, it shall be lawful for any city, 
incorporated town, or village, through its legislative body, to provide 
by ordinance that said assessment may be collected by installments, 
under the provisions of this act. 

" Section 68. It is hereby declared that an emergency exists, and 
therefore this act shall be in force from and after its passage." 

Approved April 29, 1887. 



LOCAL IMPROVEMENTS. 

§ 1. Amends section 19, article 9, act of 1872, by requiring the improvements to be set out in 
the ordinance or by reference to maps or plats on file. 

An Act to amend section 19 of article 9 of an act entitled "An act to 
provide for the incorporation of cities and villages," approved April 
10, 1872, in force July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section nineteen (19) of 
article nine (9) of an act entitled "An act to provide for the incorr 
poration of cities and villages," approved April 10, 1872, in force 
July 1, 1872, be and the same is hereby amended so as to read as 
follows : 



108 CITIES, TOWNS AND VILLAGES. 



"Section 19. Whenever such local improvements are to be made 
wholly or in part by special assessment, the said council in cities, 
or board of trustees in villages, shall pass an ordinance to that 
eflPect, specifying therein the nature, character, locality and descrip- 
tion of such improvement, either by setting forth the same in the 
ordinance itself or by reference to maps, plats, plans, profiles or 
specifications thereof on file in the office of the proper clerk, or 
both: Provided, that whenever any such ordinance shall provide 
only for the building or renewing of any sidewalk, the owner of any 
lot or piece of land fronting on such sidewalk shall be allowed 
fifteen days after the time at which such ordinance shall take effect 
in which to build or renew such sidewalk opposite his land, and 
thereby relieve the same from ['assessment : Provided, that the 
work so to be done shall in all respects conform to the requirements 
of such ordinance. 

Appkoved June 17, 1887. 



USE OF STREETS BY STKEET RAILWAY COMPANIES. 

§1. Amends 190 of section 1, article 5. of the §2. Emergency. 
act of 1872, for the incorporation of 
cities and villages, in relation to the 
petition for the use of the streets for 
street railways. 

An Act to amend section one of article jive of "An act to provide for 
the incorporation of cities and villages,'" approved April 10, 1872, and 
in force July 1, 1872. 

Be it enacted by the People of the State of Illinois, represented in 
the General Assembly, as follows : That section one of article five 
of an act entitled "An act to provide for the incorporation of cities 
and villages," be amended so as to read as follows, viz: 

Section 1. The city council in cities, and president and the 
board of trustees in villages, shall have the following powers : 

First — To control the finances and property of the corporation. 
Second — To appropriate money for corporate purposes only, and 
provide for payment of debts and expenses of the corporation. 

Third — To levy and collect taxes for general and special purposes 
on real and personal property. 

Fourth — To fix the amount, terms and manner of issuing and re- 
voking licenses. 

Fifth— To borrow money on the credit of the corporation for cor- 
porate purposes, and issue bonds therefor, in such amounts and 
form and on such conditions as it shall prescribe, but shall not be- 
come indebted in any manner or for any purpose to an amount, 
including existing indebtedness, in the aggregate to exceed- five (5) 



CITIES, TOWNS AND VILLAGES. 109 

per centum on the value of the taxable property therein, to be ascer- 
tained by the last assessment for the State and county taxes pre- 
vious to the incurring of such indebtedness ; and before or at the 
time of incurring any indebtedness, shall provide for the collection 
of a direct annual tax sufiQcient to pay the interest on such debt as 
it falls due, and also to pay and discharge the principal thereof 
within twenty years after contracting the same. 

Sixth — To issue bonds in place of or to supply means to meet 
maturing bonds, or for the consolidation or funding of the same. 

Seventh— To lay out, to establish, open, alter, widen, extend, grade, 
pave or otherwise improve streets, alleys, avenues, sidewalks, wharves, 
parks and public grounds, and vacate the same. 

Eighth — To plant trees upon the same. 

Ninth — To regulate the use of the same. 

Tenth — To prevent and remove enroachments or obstructions 
upon the same. 

Eleventh — To provide for the lighting of the same. 

Twelfth — To provide for the cleansing of the same. 

Thirteenth — To regulate the openings therein for the laying of gas 
or water mains and pipes, and the building and repairing of sewers, 
tunnels and drains, and erecting gas lights : Provided, however, that 
any company heretofore organized under the general laws of this 
State, or any association of persons organized, or which may be 
hereafter organized for the purpose of manufacturing illuminating 
gas to supply cities or villages, or the inhabitants thereof, with the 
same, shall have the right, by consent of the common council (sub- 
ject to existing rights), to erect gas factories, and lay down pipes 
in the streets or alleys of any city or village in this State, subject 
to such regulations as any such city or village may by ordinance 
impose. 

Fourteenth — To regulate the use of sidewalks and all structures 
thereunder; and to require the owner or occupant of any premises 
to keep the sidewalks in front of, or along the same, free from snow 
and other obstructions. 

Fifteenth — To regulate and prevent the throwing or depositing of 
ashes, offal, dirt, garbage or any offensive matter in, and to pre- 
vent injury to any street, avenue, alley or public ground. 

Sixteenth — To provide for and regulate crosswalks, curbs and 

gutters. 

Seventeenth — To regulate and prevent the use of streets, sidewalks 
and public grounds for signs, sign posts, awnings, awning posts, 
telegraph poles, horse troughs, racks, posting hand bills and ad- 
vertisements. 

Eighteenth — To regulate and prohibit the exhibition or carrying 
of banners, placards, advertisements or hand bills in the streets or 
public grounds, or upon the sidewalks. 

Nineteenth — To regulate and prevent the flying of flags, banners 
or signs across the streets or from houses. 



110 CITIES, TOWNS AND VILLAGES. 



Twentieth — To regulate traffic and sales upon the streets, side- 
walks and public places. 

Twenty-first — To regulate the speed of horses and other animals, 
vehicles, cars and locomotives within the limits of the corporation. 

Twenty-second — To regulate the numbering of houses and lots. 

Twenty-third — To name and change the name of any street, avenue, 
alley or other public place. 

Twenty-fourth — To permit, regulate or prohibit the locating, con- 
structing or laying a track of any horse railroad in any street, 
alley or public place ; but such permission shall not be for a longer 
time than twenty years. 

Tiventy-fifth — To provide for and change the location, grade and 
crossings of any railroad. 

Twenty-sixth — To require railroad companies to fence their re- 
spective railroads, or any portion of the same, and to construct 
cattle guards, crossings of streets and public roads, and keep the 
same in repair, within the limits of the corporation. In case any 
railroad company shall fail to comply with any such ordinance, it 
shall be liable for all damages the owner of any cattle or horses 
or other domestic animal, may sustain by reason of injuries thereto 
while on the track of such railroad, in like manner and extent as 
under the general laws of this State relative to the fencing of 
railroads ; and actions to recover such damages may be instituted 
before any justice of the peace or other court of competent juris- 
diction. 

Twenty-seventh — To require railroad companies to keep flagmen at 
railroad crossings of streets, and provide protection against injury 
to persons and property in the use of such railroads. To compel 
such railroads to raise or lower their railroad tracks to conform to 
any grade which may, at any time, be established by such city, 
and where such tracks run lengthwise of any such street, alley or 
highway, to keep their railroad tracks on a level with the street 
surface, and so that such tracks may be crossed at any place on 
such street, alley or highway. To compel and require railroad com- 
panies to make and keep open, and to keep in repair, ditches, drains, 
sewers and culverts along and under their railroad tracks, so that 
filty or stagnant pools of water cannot stand on their grounds or 
right of way, and so that the natural drainage of adjacent property 
shall not be impeded. 

Twenty-eighth — To construct and keep in repair bridges, viaducts 
and tunnels, and to regulate the use thereof. 

Twenty-ninth — To construct and keep in repair culverts, drains, 
sewers, and cess pools, and to regulate the use thereof. 

Thirtieth — To deepen, widen, dock, cover, wall, alter or change 
channel of water-courses. 

Thirty-first — To construct and keep in repair canals and slips for 
the accommodation of commerce. 

Thirty-second — To erect and keep in repair public landing places, 
wharves, docks and levees. 



CITIES, TOWNS AND VILLAGES. Ill 



Thirty-third — To regulate and control the use of public and private 
landing places, wharves, docks and levees. 

Thirty -fourth — To control and regulate the anchorage, moorage 
and landing of all water craft and their cargoes within the juris- 
diction of the corporation. 

Thirty-fifth — To license, regulate and prohibit wharf-boats, tugs 
and other boats used about the harbor, or within such iurisdiction. 

Thirty-sixth — To fix the rate of wharfage and dockage. 

Thirty-seventh — To collect wharfage and dockage from all boats, 
rafts or other craft landing at or using any public landing place, 
wharf, dock or levee within the limits of the corporation. 

Thirty -eighth— To make regulations in regard to use of harbors, 
towing of vessels, opening and passing of bridges. 

Thirty-ninth — To appoint harbor masters, and define their duties. 

Fortieth — To provide for the cleansing and purification of waters, 
water-courses and canals, and the draining or filling of ponds on 
private property, whenever necessary to prevent or abate nuisances. 

Forty-first — To license, tax, regulate, suppress and prohibit hawk- 
ers, peddlers, pawnbrokers, keepers of ordinaries, theatricals and 
other exhibitions, shows and amusements, and to revoke such license 
at pleasure. 

Forty-second — To license, tax and regulate hackmen, draymen, 
omnibus drivers, carters, cabmen, porters, expressmen, and all 
others pursuing like occupations, and to prescribe their compensa- 
tion. 

Forty-third — To license, regulate, tax and restrain runners for 
stages, cars, public houses, or other things or persons. 

Forty-fourth — To license, regulate, tax or prohibit and suppress 
billiard, bagatelle, pigeon-hole or any other tables or implements 
kept or used for a similar purpose in any place of public resort, 
pin alleys and ball alleys. 

Forty-fifth — To suppress bawdy and disorderly houses, houses of 
ill-fame or assignation, within the limits of the city, and within 
three miles of the outer boundaries of the city ; and also to sup- 
press gaming and gambling houses, lotteries, and all fraudulent 
devices and practices, for the purpose of gaming or obtaining money 
or property ; and to prohibit the sale or exhibition of obscene or 
immoral publications, prints, pictures or illustrations. 

Forty-sixth — To license, regulate and prohibit the selling or giving 
away of any intoxicating, malt, vinous, mixed or fermented liquor, 
the license not to extend beyond the municipal year in which it 
shall be granted, and to determine the amount to be paid for such 
license : Provided, that the city council in cities, or president and 
board of trustees in villages, may grant permits to druggists for the 
sale of liquors for medicinal, mechanical, sacramental and chemical 
purposes only, subject to forfeiture, and under such restrictions and 
regulations as may be provided by ordinance : Provided, further, 



112 CITIES, TOWNS AND VILLAGES. 

that in granting licenses, such corporate authorities shall comply 
with whatever general law of the State may be in force relative to 
the granting of licenses. 

Forty-seventh — The foregoing shall not be construed to affect the 
provisions of the charter of any literary institution heretofore 
granted. 

Forty-eighth — And the city council in cities, and president and 
board of trustees in villages, shall also have the power to forbid 
and punish the selling or giving away of any intoxicating, malt, 
vinous, mixed or fermented liquor to any minor, apprentice or ser- 
vant, or insane, idiotic or distracted person, habitual drunkard, or 
person intoxicated. 

Forty-ninth — To establish markets and market-houses, and provide 
for the regulation and use thereof. 

Fiftieth — To regulate the sale of meats, poultry, fish, butter, cheese, 
lard, vegetables, and all other provisions, and to provide for place 
and manner of selling the same. 

Fifty-first — To prevent and punish forestalling and regrating. 

Fifty-second — To regulate the sale of bread in the city or village ; 
prescribe the weight and quality of the bread in the loaf. 

Fifty-third — To provide for and regulate the inspection of meats, 
poultry, fish, butter, cheese, lard, vegetables, cotton, tobacco, flour, 
meal and other provisions. 

Fifty-fourth — To regulate the inspection, weighing and measuring 
of brick, lumber, fire- wood, coal, hay, and any article of mer- 
chandise. 

Fifty-fifth — To provide for the inspection and sealing of weights 
and measures. 

Fifty- sixth — To enforce the keeping and use of proper weights and 
measures by vendors. 

Fifty-seventh — To regulate the construction, repairs and use of 
vaults, cisterns, areas, hydrants, pumps, sewers and gutters. 

Fifty-eighth — ^To regulate places of amusement. 

Fifty-ninth — To prevent intoxication, fighting, quarreling, dog fights, 
cock fights, and all disorderly conduct. 

Sixtieth — To regulate partition fences and party walls. 

Sixty -first — To prescribe the thickness, strength and manner of 
constructing stone, brick and other buildings, and construction of 
fire escapes therein. 

Sixty-second — The city council, and the president and trustees in 
villages, for the purpose of guarding against the calamities of fire, 
shall have power to prescribe the limits within which wooden build- 
ings shall not be erected or placed or repaired, without permission, 
and to direct that all and any buildings within the fire limits, when 
the same shall have been damaged by fire, decay or otherwise, to 
the extent of fifty per cent, of the value, shall be torn down or re- 
moved, and to prescribe the manner of ascertaining such damage. 



CITIES, TOWNS AND VILLAGES. 113 



Sixty-third — To prevent the dangerous construction and condition 
of chimneys, fire places, hearths, stoves, stove-pipes, ovens, boilers 
and apparatus used in and about any building and manufactory, 
and to cause the same to be removed or placed in a safe condition, 
when considered dangerous ; to regulate and prevent the carrying on 
of manufactories dangerous in causing and promoting fires ; to pre- 
vent the deposit of ashes in unsafe places, and to cause all such 
buildings and inclosures as may be in a dangerous state to be put 
in a safe condition. 

Sixty-fourth — To erect engine houses, and provide fire engines,, 
hose carts, hooks and ladders, and other implements for prevention, 
and extinguishment of fires, and provide for the use and manage- 
ment of the same by voluntary fire companies or otherwise. 

Sixty-fifth — To regulate and prevent storage of gunpowder, tar, 
pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro- 
glycerine, petroleum, or any of the products thereof, and other com- 
bustible or explosive material, and the use of lights in stables, 
shops and other places, and the building of bonfires ; also to regulate 
and restrain the use of fire-works, fire-crackers, torpedoes, Koman 
candles, sky-rockets and other pyrotechnic displays. 

Sixty-sixth — To regulate the police of the city or village, and pass 
and enforce all necessary police ordinances. 

Sixty-seventh — To provide for the inspection of steam boilers. 

Sixty-eighth— To prescribe the duties and powers of a superinten- 
dent of police, policemen and watchmen. 

Sixty-ninth — To establish and erect calabooses, bridewells, houses 
of correction and workhouses for the reformation and confinement 
of vagrants, idle and disorderly persons, and persons convicted of 
violating any city or village ordinance, and make rules and regula- 
tions for the government of the same, and appoint necessary keepers 
and assistants. 

Seventieth — To use the county jail for the confinement or punish- 
ment of offenders, subject to such conditions as are imposed by law, 
and with the consent of the county board. 

Seventy-first — To provide by ordinance in regard to the relation 
between all the officers and employes of the corporation in respect 
to each other, the corporation and the people. 

Seventy-second — To prevent and suppress riots, routs, affrays, 
noises, disturbances, disorderly assemblies in any public or private 
place. 

Seventy-third — To prohibit and punish cruelty to animals. 

Seventy-fourth — To restrain and punish vagrants, mendicants and 
prostitutes. 

Seventy-fifth — To declare what shall be a nuisance, and to abate 
the same ; and to impose fines upon parties who may create, con- 
tinue or suffer nuisances to exist. 

Seventy-sixth — To appoint a board of health, and prescribe its. 
powers and duties. 



114 CITIES, TOWNS AND VILLAGES. 

Seventy-seventh — To erect and establish hospitals and medical dis- 
pensaries, and control and regulate the same. 

Seventy-eighth — To do all acts, make all regulations which may be 
necessary or expedient for the promotion of health or the suppres- 
sion of disease. 

Seventy-ninth — To establish and regulate cemeteries, within or 
without the corporation, and acquire lands therefor, by purchase or 
otherwise, and cause cemeteries to be removed, and prohibit their 
establishment within one mile of the corporation. 

Eightieth — To regulate, restrain and prohibit the running at large 
of horses, cattle, swine, sheep, goats, geese and dogs, and to im- 
pose a tax on dogs. 

Eighty-first — To direct the location and regulate the management 
and construction of packing houses, renderies, tallow chandleries, 
bone factories, soap factories and tanneries, within the limits of the 
city or village, and within the distance of one mile without the 
city or village limits. 

Eighty-second — To direct the location and regulate the use and 
construction of brewerie.-^, distilleries, livery stables, blacksmith 
shops and foundries within the limits of the city or village. 

Eighty-third — To prohibit any offensive or unwholesome business 
or establishment within, or within one mile, of the limits of the 
corporation. 

Eighty -fourth — To compel the owner of any grocery, cellar, soap 
or tallow chandlery, tannery, stable, pig- sty, privy, sewer, or other 
unwholesome or nauseous house or place, to cleanse, abate, or re- 
move the same, and to regulate the location thereof. 

Eighty-fifth — The city council, or trustees of a village, shall have 
power to provide for the taking of the city or village census ; but 
no city or village census shall be taken by authority of the council 
or trustees oftener than once in three years. 

Eighty-sixth — To provide for the erection and care of all public 
buildings necessary for the use of the citj' or village. 

Eighty-seventh — To establish ferries, toll bridges, and license and 
regulate the same, and from time to time fix tolls thereon. 

Eighty-eighth — To authorize the construction of mills, mill-races 
and feeders on, through or across the streets of the city or village, 
at such places and under such restrictions as they shall deem 
proper. 

Eighty-ninth — The city council shall have power, by condemna- 
tion or otherwise, to extend any street, alley or highway over or 
across, or to construct any sewer under or through any railroad 
track, right of way, or land of any railroad company (within the 
corporate limits) ; but where no compensation is made to such rail- 
road company the city shall restore such railroad track, right of 
way or land to its former state, or in a sufficient manner not to 
have impaired its usefulness. 

Ninetieth — The city council or board of trustees shall have no 
power to grant the use of or ti?e right to lay down any railroad tracks 



CITIES, TOWNS AND VILLAGES. 115 



in any street of the city to any steam, dummy, electric, cable, horse 
or other railroad company, whether the same shall be incorporated 
under any general or special law of the State now or hereafter in 
force, except upon the petition of the owners of the land represent- 
ing more than one -half of the frontage of the street, or so much 
thereof as is sought to be used for raih'oad purposes ; and when the 
street or part thereof sought to be used shall be more than one mile 
in extent, no petition of land owners shall be valid unless the same 
shall be signed by the owners of the land representing more than 
one-half of the frontage of eacii mile and of the fraction of a mile 
if any in excess of the whole miles measuring from the initial point 
named in such petition, of such street or of the part thereof sought 
to be used for railroad purposes. 

Ninety-first — To tax, license and regulate auctioneers, distillers, 
brewers, lumber yards, livery stables, public scales, money changers 
and brokers. 

Ninety -second — To prevent and regulate the rolling of hoops, play- 
ing of ball. Hying of kites, or any other amusement or practice 
having a tendency to annoy persons passing in the streets or on the 
sidewalks, or to frighten teams and horses. 

Ninety-third — To regulate and prohibit, the keeping of any lumber 
yard, and the placing or piling or selling any lumber, timber, wood 
or other combustible material, within the fire limits of the city. 

Ninety-fourth — To provide, by ordinance, that all the paper, print- 
ing, stationery, blanks, fuel, and all the supplies needed for the use 
of the city, shall be furnished by contract, let to the lowest bidder. 

Ninety-fifth — To tax, license and regulate second-hand and junk 
stores, and to forbid their purchasing or receiving from minors, 
without the written consent of their parents or guardians, any article 
whatsoever. 

Ninety-sixth — To pass all ordinances, rules, and make all regula- 
tions proper or necessary to carry into effect the powers granted 
to cities or villages, with such fines or penalties as the city council 
or board of trustees shall deem proper : Provided, no fine or pen- 
alty shall exceed |200.00, and no imprisonment shall exceed six 
months for one offense. 

§ 2. Whereas, some question exists as to the necessity of a 
petition signed by the property owners to authorize the granting to 
companies organized under what is known as the Horse and Dummy 
Act the right to use streets ; therefore an emergency exists, and 
this act shall take effect and be in force from and after its passage. 

Approved March 30, 1887. 



116 



CITIES, TOWNS AND VILLAGES. 



WAEDS. 

§ 1. Amends section 4, article 4, act of 1872, by authorlzine cities under special charters to- 
divide the city into wards the same as under the general law. 

An Act to amend section four (4) of article four (4) of chapter twenty- 
four (2i) of the Revised Statutes of Illinois, entitled ''An act to 
provide for the incorporation of cities and villages,''' approved April 
10, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section four (4) of article 
four (4) of an act entitled "An act to provide for the incorporation 
of cities and villages," approved April 10, 1872, be and the same is 
hereby amended so as to read as follows : 

" Section 4. [Wards.] The city council of any city in this State, 
whether organized under this act or under any special law of this 
State, may, from time to time, divide the city into one-half as many 
wards as the total number of aldermen to which the city is entitled ; 
and one alderman shall annually be elected in and for each ward, 
to hold his office for two years, and until his successor is elected 
and qualified. In the formation of wards, the population of each 
shall be as nearly equal and the ward shall be of as compact and 
contiguous territory as practicable." 

Approved June 17, 1887. 



ELECTION OP THE PRESIDENT OP THE BOARD OP TRUSTEES. 

§ 1. Creates the office of president of the § 2. Repeals acts in conflict, 
board of trustees of villages and 
towns, and provides for an election 
annually . 

An Act concerning villages and incorporated towns. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in addition to the trustees 
and officers required by law, a president of each and every village 
and incorporated town shall hereafter be elected annually by the 
voters of such village or town, at the regular election of such village 
or town, commencing with the election of such village or town held 
in the year A. D. 18^8, and such president of any village or incorpo- 
rated town shall hold his office for the term of one year and until 
his successor is elected and qualified. The president of any village 
or incorporated town shall be president of the board of trustees 
thereof, and shall preside at all meetings of said board, and shall 
have the same powers and perform the same duties as are or may 
be given by law to the president of boards of trustees in villages, 
but he shall not vote except in case of a tie, when he shall give 
the casting vote. 

§ 2. All acts and parts of acts in conflict with the provisions of 
this act are hereby repealed. 
Approved June 9, 1887. 



CITIES, TOWNS AN® VILLAGES. 



117 



ITINERANT MERCHANTS. 

§ 1. Councils in cities and Boards of Trustees in villages may tax, regulate and suppress. 

An Act to extend the powers of the city council in cities, and the 
president and board of trustees in villages and incorporated towns. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the city council in cities, 
and the president and board of trustees in villages and incorpo- 
rated towns, shall have power to license, tax, regulate, suppress or 
prohibit itinerant merchants and transient venders of merchandise. 

Approved June 16, 1887. 



FIREMEN S pension FUND. 



§ 1. Cities, villages and incorporated towns 
of 50,000 inhabitants or over, may 
create a Firemen's Pension Fund; 
treasurers of such cities, towns and 
villages, ex-officio treasurers of such 
fund. 

? 2. Board of trustees ; organization. 

§ 3. Control of fund; assessment of mem- 
bers of lire department; record of 
proceedings. 

§ 4. Rewards, gifts and bequests shall con- 
stitute part of the fund; permanent 
fund. 

§ 5. Investment of fund. 

§ 6. Interest on fund applicable for the 
payment of pensions. 

§ 7. Eligibility to pension on account of 
disability ; limit of amount. 

§18. Eligibility to pension on account of 
dependence. 



§ 9. Beneficiaries under the act of 1877. for 

relief of disabled members, entitled 

to the benefits oflhis act. 
§ 10. Eligibility to pension on account of 

long service. 
§ 11. Application of this act. 
§ 12. Treasurer of board custodian of fund ; 

bond. 
§ 13. Funds paid over by cities, villages 

and towns. 

§ 14. Warrants drawn upon the pension 
fund. 

§ 15. Report of board to cities, villages and 
towns of the condition of fund an- 
nually. 

§ 16. Pension moneys exempt from levy 

and execution. 
§ 17. Repeals all acts in conflict. 



An Act to create a board of trustees of the firemen s pension fund; 
to provide and distribute such fund for the pensioning of disabled 

firemen, and the widows and minor children of deceased firemen; to 
authorize the retirement from service and the pensioning of members 
of the fire department, and for other purposes connected theretvith, 
in cities, villages or incorporated towns, whose popidation exceeds 

fifty thousand inhabitants, having a paid fire department. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That in all cities, villages or in- 
corporated towns, whose population exceeds fifty thousand, having 
a paid fire department, one (1) per centum of all revenues collected 
or received by such cities, villages or incorporated towns from 
licenses issued by such cities, villages or incorporated towns, shall 
be set apart by the treasurer of such cities, villages or incorporated 
towns, to whom the same shall be paid, as a fund for the pen- 
sioning of disabled and superannuated members of the fire depart- 



118 CITIES, TOWNS AND VILLAGES. 



merits, and of the widows and orphans of deceased members of the 
fire departments of such cities, villages or incorporated towns. 
The treasurers of such cities, villages or incorporated towns shall 
be, ex-qfficio, treasurers of such fund. 

§ 2. The treasurer, clerk, attorney, marshal, or chief ofhcer of 
the fire department, and the comptroller of such city, village or 
incorporated town, shall constitute and be a board by the name of 
the "Board of Trustees of the Firemen's Pension Fund." The said 
board shall select from their number a president and secretary : 
Provided, that in villages and incorporated towns the "Board of 
Trustees of the Firemen's Pension Fund" shall consist of the pres- 
ident of the board of trustees, the town or village clerk, the town 
or village attorney, and the chief officer of the fire department. 

§ 3. The said board shall have the exclusive control and man- 
agement of the fund mentioned in the first section of this act, and 
of all money donated, paid or assessed for the relief or pensioning 
of disabled or superannuated firemen, their widows or orphans, and 
shall assess each member of the fire dapartment not to exceed one 
per centum of the salary of such member: Provided said one per 
centum shall not exceed twenty dollars per annum, to be deducted 
and withheld from the monthly pay of each member so assessed, 
the same to be placed by the treasurer of such city, village or in- 
corporated town, who shall be ex-ojjicio treasurer of such board, to 
the credit of such fund, subject to the orders of such board. The 
said board shall make all needful rules and regulations for its gov- 
ernment in the discharge of its duties, and shall hear and decide 
all applications for relief or pensions under this act, and its deci- 
sions on such applications shall be final and conclusive, and not 
subject to review or reversal except by the board: Provided, that 
nothing herein contained shall render the payment of any sum of 
money or annuity, which may be awarded by tbe board, obligatory 
on the board or chargeable against it as a legal right. The board 
shall cause to be kept a record of all its meetings and proceedings. 

§ 4. All rewards in moneys, fees, gifts and emoluments that may 
be paid or given for or on account of extraordinary services by said 
fire department, or any member thereof (except when allowed to be 
retained by said member, or given to endow a medal or other per- 
manent or competitive award), shall be paid into said pension fund. 
And the said board of trustees may take by gift, grant, devise or 
bequest, any money, real estate, personal property, right of prop- 
erty, or other valuable thing, the annual income of which shall 
not exceed one hundred thousand dollars in the whole ; and such 
money, real estate, personal property, right of property, or other 
valuable thing so obtained shall, in like manner, be paid into said 
pension fund and treated as a part thereof : Provided, that the sum 
of two hundred thousand dollars, which may be received and accu- 
mulated under the provisions of this act (aside from such gifts, 
grants, devices or bequests), shall be, when so received and accumu- 
lated, retained as a permanent fund, the annual income of which 
may be made available for the uses and purposes of such pension 
fund. 



CITIES, TOWNS AND VILLAGES. 119 



§ 5. The said board of trustees shall have power to draw such 
pension fund from the treasury of such city, village or incorporated 
town, and may invest such fund, or any part thereof, in the name 
of the "Board of Trustees of the Firemen's Pension Fund," in in- 
terest-bearing bonds of the United States, of the State of Illinois, 
of any county of this State, or of any township or any municipal 
corporation of the State of Illinois. And all such securities shall 
be deposited with the treasurer of said city, village or incorporated 
town as ex-officio treasurer of said board, and shall be subject to 
the order of said board. 

§ 6. The interest received from any such investment of said 
fund, after said fund shall have reached the sum of two hundred 
thousand dollars, shall be applicable to the payment of pensions 
under this act. And when such interest shall become so applicable, 
it shall be in the power of the council of said city, village or in- 
corporated town to diminish such annual rate of one (1) per centum 
from licenses, so that said income from interest and from licenses 
shall meet the requirements of the pension lists as provided by this 
act. 

§ 7. If any member of the fire department of any such city, 
village or incorporated town shall, while in the performance of his 
duty, become and be found, upon an examination by a medical 
officer ordered by said board of trustees, to be physically or 
mentally permanently disabled so as to render necessary his re- 
tirement from all service in said fire department, such board of 
trustees shall have the power to retire such permanently disabled 
member from all service in such fire department : Provided, no 
such retirement on account of disability shall occur unless said 
member has contracted said disability while in the service of said 
department, or unless he shall have, at the time of said retirement 
on account of such disability, have served for ten years con- 
tinuously, and upon such retirement, the said board of trustees 
may order the payment to such permanently disabled member, 
monthly, from said pension fund, of a sum equal to one-half of the 
monthly compensation allowed such member as salary at the date 
of his retirement : Provided, that no pension paid under this act 
shall exceed the sum of one thousand dollars per annum. 

§ 8. If any member of such fire department shall, while in the 
performance of his duty, be killed, or die from the effects of any 
injury thus received, or of any disease thus contracted; or if any 
member of such fire department shall, after ten years continuous 
service therein, die from any cause contracted in the service, and 
such member so killed or dying from said injuries or disease, or 
after said term of continuous service or during retirement, as here- 
tofore provided, shall leave a widow or minor child or children 
under sixteen years of age, said board of trustees may authorize 
and direct the payment from said pension fund of the following 
sums, monthly, to- wit : To such widow, while unmarried, thirty 
dollars ; to the guardian of such minor child or children, six dollars 
for each of said children while under the age of sixteen years : 
Provided, that there shall not be paid into the family of any de- 
ceased member more than one-half of the amount of the monthly 



120 . CITIES, TOWliS AND VILLAGt:S. 



salary of cucli deceased member at the time of his decease, or, if 
retired, at the time of his retirement : Provided, the total pay- 
ments to any one family shall not exceed an amount equal to one- 
half of the amount attached to the rank the deceased member 
held ; and in no case shall exceed the amount of one thousand 
dollars per annum : And, provided further, that if at any time 
there shall not be sufficient money to the credit of said pension 
fund to pay to each person entitled to the benefit thereof, the full 
amount per month as hereinbefore stated, then, and in that event, 
an equal percentage of said monthly payment shall be made to 
each beneficiary thereof, until said fund shall be so replenished as 
to warrant the renewal of payments in full to each of said 
beneficiaries. 

§ 9. The widows and orphans of deceased firemen and retired 
members of the fire department, who are now entitled to pension or 
annuity under the provisions of an act entitled "An act for the relief 
of disabled members of the police and fire departments in cities and 
villages," approved May 9A, 1877, as amended, shall be entitled to 
the benefits, pensions and annuities provided for by this act : Pro- 
vided, such persons shall thereupon cease to receive pensions, relief 
or benefits under said act of May 24, 1877. 

§ 10. Any member of the fire department of any such city, village 
or incorporated town, after having served twenty-five years of con- 
secutive service in such fire department, and having arrived at the 
age of fifty years, may make application to said board of trustees 
to be retired from active service in said fire department ; and it shall 
be the duty of said board of trustees, upon an examination and 
recommendation of a medical officer appointed by said board, and 
their finding that such member is disqualified, physically or men- 
tally, for further active service, to order said member to be retired ; 
and upon such retirement said board of trustees may authorize the 
payment to such retired member, monthly, from said pension fund, 
of a sum equal to one-half of the monthly compensation allowed 
such member as salary at the date of his retirement: Provided, no 
such payment shall exceed the sum of one Ihousand dollars pet- 
annum, or such less sum in proportion to the number of memb(rs 
80 retired as the condition of said fund will warrant. And Sriid 
board shall have the power to assign such applicants for retirement 
to the performance of light duty upon full pay, in lieu of such re- 
tirement upon half pay. And after the death of such member, his 
'A^idow and children under sixteen years of age, if any surviving him, 
shall be entitled to the pensions provided in this act ; but nothing 
in this or any other section of this act shall warrant the payment 
of any annuity to any widow of a deceased member of said depart- 
ment after she shall have remarried. 

§ 11. This act shall apply to all persons who are now, or shall 
hereafter become, members of such fire departments, and all such 
persons shall be eligible to the benefits secured by this act. 

§ 12. The treasurer of the board shall be the custodian of said 
pension fund, and shall secure and safely keep the same, subject to 
the control and direction of the board ; and shall keep his books 



CITIES, TOWNS AND VILLAGES. 121 



and accounts concerning said fund in such manner as may be pre- 
scribed by the board ; and the said books and accounts shall always 
be subject to the inspection of the board or any member thereof. 
The treasurer shall, within ten days after his election or appoint- 
ment, execute a bond to the city, village or incorporated town, with 
:good and sufficient securities, in such penal sum as the board shall 
direct, to be approved by the board, conditioned for the faithful 
performance of the duties of his office, and that he will safely keep, 
and well and truly account for, all moneys and property which may 
■come into his hands as such treasurer; and that on the expiration 
of his term of office, he will surrender and deliver over to his suc- 
cessor all unexpended moneys and all property which may have 
come to his hands as treasuier of such fund. Such bond shall be 
filed in the office of the clerk of such city, village or incorporated 
town, and in case of a breach of the same, or the conditions there- 
of, suit may be brought on the same in the name of such city, 
village or incorporated town, for the use of said board, or of any 
person or persons injured by such breach. 

§ 13. It shall be the duty of the mayor or the president of the 
board of trustees and clerk, or the comptroller, if there be one, and 
the officer or officers of such city, village or incorporated town, who 
are or may be authorized by law to draw warrants upon the treas- 
urer of such city, village or incorporated town, upon request made 
in writing by said board, to draw warrants upon the treasurer of 
such city, village or incorporated town, payable to the treasurer of 
said board, for all funds in the hands of the treasurer of such city, 
village or incorporated town, belonging to said pension fund. 

§ 14. All moneys ordered to be paid from said pension fund to any 
person or persons, shall be paid by the treasurer of said board only upon 
w^arrants signed by the president of the board and countersigned by 
"the secretary thereof ; and no warrant shall be drawn except by order 
■of the board duly entered in the records of the proceedings of the 
board. In case the said pension fund, or any part thereof, shall, 
by order of said board or otherwise, be deposited in any bank, or 
loaned, all interest or money which may be paid or agreed to be 
[paid on account of any such loan or deposit, shall belong to and 
•constitute a part of said fund : Provided, that nothing herein con- 
tained shall be construed as authorizing said treasurer to loan or 
deposit said fund, or any part thereof, unless so authorized by the 
board. 

§ 15. The board of trustees shall make report to the council of 
said city, village or incorporated town of the conditions of said pen- 
sion fund, on the first day of January in each and every year. 

§ 16. No portion of said pension fund shall, either before or 
after its order of distribution by said board to such disabled mem- 
bers of said fire department, or to the widow or guardian of such 
minor child or children, or a deceased or retired member of such 
department, be held, seized, taken, subjected to or detained or 
levied on by virtue of any attachment, execution, injunction, writ, 
interlocutory or other order or decree, or any process or proceeding 
whatever issued out of or by any court of this State for the pay- 
ment or satisfaction, in whole or in part, of any debt, damages. 



122 



CITIES, TOWNS AND VILLAGES. 



claim, demand or judgment against such member, or his said! 
widow, or the guardian of said minor child or children of any de- 
ceased member ; but the said fund shall be sacredly held, kept, secured 
and distributed for the purpose of pensioning the persons named in 
this act, and for no other purpose whatever, 

§ 19 [17]. All acts or parts of acts inconsistent with this act are 
hereby repealed. 

Approved May 13, 1887. 



POLICE PENSION FUND. 



§ 1. 



§ 3. 



S -i. 
§ 6. 



§ 7. 



Sets apart certain moneys to constitute 

a Police Pension Fund. 
Board of commissioners to disburse 

tlie fund. 

Eligibility to pension on account of 
service. 

Eligibility to pension on account of 
disability. 

Evidence of disability. 

Dependent family of policemen killed 
in service entitled to pension; pen- 
sion to families of deceased members 
after ten years service. 

Kemoval of disability. 



§ 8. 
§ 9. 



§ 10. 
§ 11. 



§ 12. 



Forfeiture of pension for cause. 

Board shall hold quarterly meetings;: 
officers of the board ; duties of offi- 
cers; certificates, record and list of 
persons entitled to pension. 
Powers of the board defined. 
Annual report of treasurer of cities 
and villages of the amount of moneys 
received and paid out under the pro- 
visions of this act ; bond of treasurer 
Beneficiaries of the act of 1877, for the 
relief of disabled members of the 
Police and Eire Departments in cities 
and villages, shall be beneficiaries 
under this act. 



An Act to provide for the setting apart, formation and disbursement of 
a police pension fund, in cities, villages and incorporated toivns. 

Section ]. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in each city, village, 
or incorporated town in this State having a population of fifty 
thousand inhabitants or more, there shall be paid to the treasurer 
thereof, and by him and the comptroller (if there be one) set apart, 
the followiug moneys, to constitute a police pension fund, viz : 

1. Two per centum of all moneys received from licenses for the 
keeping of saloons or dram shops. 

2- Three-fourths of all moneys received for taxes, or from licenses, 
upon clogs. 

3. All moneys received from fines imposed upon members of the 
police force of said city, village or town, for violations of the rules 
and regulations of the police department. 

4. All proceeds of sales of unclaimed stolen property. 

5. One-fourth of all moneys received from licenses granted to 
pawnbrokers, second-hand dealers and junk stores. 

6. All moneys received as fees and from fines for carrying con- 
cealed weapons. 

7. One-half of all costs collected in money for violations of city 
ordinances. 

8. All rewards given or paid to members of such police force »• 
except such as shall be excepted by the chief officer of police. 



CITIES, TOWNS AND VILLAGES. 123^ 



9. One per centum per month, which shall be paid by, or de- 
ducted from the salary of, each and every member of the police 
force of such city, village or town: Provided, no such member shall 
be compelled to pay more than two dollars per month from his 
salary. 

§ 2. The president of the board of trustees, the comptroller, the 
city, village or town clerk, the superintendent or chief officer, or in 
his absence or inability to act, then the officer next in authority to 
him of the police department, the city, village or town treasurer,, 
and the city, village or town attorney of any such city, village or 
town, shall ex-offieio be and constitute a board of commissioners, to 
provide for the disbursement of said fund or funds, and designate 
the beneficiaries thereof as herein directed, which board shall be 
known as the board of police pension fund commissioners of such 
city, village or town. 

§ 3. Whenever any person, at the time of the taking effect of 
this act, or thereafter, shall have been duly appointed and sworn, 
and have served for the period of twenty years or more upon the 
regularly constituted police force of any such city, village or town 
of this State, which now is, or hereafter may be, subject to the 
provisions of this act, said board shall order and direct that such 
person shall, after becoming fifty years of age and his service upon 
such police force shall have ceased, be paid from such fund a yearly 
pension equal to one-half the amount of the salary attached to the 
rank which he may have held on said police force for one year next 
preceding the expiration of said term of twenty years. 

§ 4. Whenever any person, while serving as a policeman in any 
such city, village or town, shall become physically disabled while 
in, and in consequence of, the performance of his duty as such 
policeman, said board shall, upon his written request, or without 
such request if it deem it for the good of said police force, retire 
such person from active service and order and direct that he be 
paid from said fund a yearly pension, not exceeding one-half the 
amount of the salary attached to the rank which he may have held 
on said police force for one year next preceding such retirement :. 
Provided, that whenever such disability shall cease such pension 
shall cease. 

§ 5. No person shall be retired as provided in the neit pre- 
ceding section, or receive any benefit from said fund, unless there 
shall be filed with said board certificates of his disability, which 
certificates shall be subscribed and sworn to by said person, and 
by the police surgeon (if there be one), and two practicing phy- 
sicians of such city, village or town, and such board may require 
other evidence of disability before ordering such retirement and 
payment as aforesaid. 

§ 6. Whenever any member of the police force of such city, vil- 
lage or town shall lose his life while in the performance of his 
duty, or receive injuries from which he shall thereafter die, leaving 
a widow or child or children under the age of sixteen years, then 
upon satisfactory proof of such facts made to it, such board shall 
order and direct that a yearly pension equal to one-half the amount. 



124 CITIES, TOWNS AND VILLAGES. 



of the salary attached to the rank which such member held on 
said police force at the time of his death, shall be paid to such 
widow during her life, or if no widow, then to such child or 
children, until they shall be sixteen years of age : Provided, if such 
widow or child, or children, shall marry, then such persons so mar- 
rying shall thereafter receive no further pension from such fund. 
Whenever any member of the police force shall die, after ten years' 
service therein, and while still m the service of such city, village or 
town, as such policeman, leaving a widow, or child or children 
under the age of sixteen years, then upon satisfactory proof of such 
facts made to it, said board may order and direct that such pension 
as said board may deem proper, not exceeding one-half the amount 
of the salary attached to the rank which he held at the time of 
his death, shall be paid to such widow, or if there be no widow, 
then to such child or children, until they shall be sixteen years of 
age, said pension to cease upon marriage, as provided above. 

§ 7. Any person retired for disability under this act, may be 
summoned to appear before the board herein provided for, at any 
time thereafter, and shall submit himself thereto for examination as 
to his fitness for duty, and shall abide the decision and order of 
such board with reference thereto. And all members of the police 
force who may be retired under the provisions of this act, except 
those who voluntarily retire after twenty years' service, shall report 
to the chief of police of the city, village or town where so retired, 
on the second Tuesday of each and every month, and in cases of 
emergency may be assigned to, and shall perform, such duty as 
said chief of police may direct, and such persons shall have no 
claim against the city, village or town for payment for such duty 
so performed. 

§ 8. Whenever any person who shall have received any benefit 
from said fund shall be convicted of any crime or misdemeanor, or 
shall become an habitual drunkard, or shall become a non-resident 
of this State, or shall fail to report himself for examination for 
duty as required herein, unless excused by the board, or shall dis- 
obey the requirements of said board under this act, in respect to 
said examination or duty, then such board shall order that such 
pension allowance as may have been granted to such person shall 
immediately cease and determine, and such person shall receive no 
further pension, allowance or benefit, under this act. 

§ 9. The board herein provided for shall hold quarterly meetings 
•on 'the second Tuesdays of April, July, October and January of 
each year, and upon the call of its president; it shall select from 
its members a president and secretary, who shall hold such re- 
spective positions until their successors are elected ; it shall issue 
certificates, signed by its president and secretary, to the persons 
entitled thereto, of the amount of money ordered paid to such per- 
sons from such fund by said board, which certificates shall state 
for what purpose such payment is to be made ; it shall keep a 
record of all its proceedings, which record shall be a public record ; 
it shall, on the Tuesday named above, or at each quarterly meet- 
ing, send to the treasurer of its city, village or town, and to the 
•comptroller or city, village or town clerk, a written or printed list 



CITIES, TOWNS AND VILLAGES. 125 



of all persons entitled to payments from the fund herein provided 
for, stating the amount of such payments and for what granted, as 
ordered by such board, which list shall be certified and signed by 
the president and secretary of such board, and by the secretary 
thereof attested under oath. A majority of all the members of said 
board shall constitute a quorum, and have power to transact busi- 
ness : Provided, that no resolution shall be passed, or order made, 
by such board for the payment of money, unless by the affirmative 
vote of a majority of ail the members thereof. 

§ 10. The board herein provided for shall, in addition to other 
powers herein granted, have power — 

1 — To compel witnesses to attend and testify before it upon all 
matters connected with the operation of this act, in the same man- 
ner as is or may be provided by law for the taking of testimony 
before masters in chancery, and its president, or any member of 
said board, may administer oaths to such witnesses. 

2 — To appoint a clerk and define his duties. 

3 — To provide for the payment from said fund of all its necessary 
expenses, including clerk hire, printing, and witness fees : Provided, 
that no compensation or emolument shall be paid to any member 
of said board for any duty required or performed under this act. 

4 — To make all needful rules and regulations for its guidance in 
conformity with the provisions of this act. 

§ 11. On the third Tuesday of April of each year, the treasurer 
of every such city, village or town shall make a sworn report to the 
board herein provided for, and to the mayor and city council of 
such city, or the president of, and the board of trustees of, such 
city, village or town, of all moneys received and paid out by him 
on account of said fund during the previous year, and of the amount 
of said fund then in his hands ; and all surplus of said fund then 
remaining in his hands, exceeding the average amount per year 
paid out by him on account of said fund during the three years 
next preceding, shall be by him transferred to and become a part 
of the funds of every such city, village or town, and no longer 
under the control of said board or subject to its order; and when- 
ever this act shall take efifect in any such city, village or town, the 
treasurer thereof shall give a new bond the same as now is or here- 
after may be required by law, which new bond, when so given and the 
sureties thereon, shall be for the security of such fund, the same 
as other funds belonging to any such city, village or town. Pay- 
ments provided for in this act shall be made by such treasurer 
quarterly, upon proper vouchers. 

§ 12. All members of the police force, and any widow or child 
or children of such members of any such city, village or town, who, 
upon the taking effect of this act, shall be entitled to receive any 
benefit under an act entitled "An act to amend an act for the 
relief of disabled members of the police and fire departments in 
cities and villages," approved May 24, 1877, in force July 1, 1877, 
as amended by act approved May 10, 1879, in force July 1, 1879, 
shall receive no payments or benefits under said act, but shall in 
lieu thereof be entitled to the benefits provided for in this act. But 



126 



CITIES, TOWNS AND VILLAGES. 



if at any time there shall not be sufficient moneys belonging to such 
fund to pay the allowances of such board to its beneficiaries, then 
they shall be paid pro rata from such fund, but no allowance or 
order of such board shall be held to create any liability against any 
such city, village or town, except upon the fund so set apart as 
aforesaid for the payment thereof. 

Approved April 29, 1887. 



CHICAGO DRAINAGE DISTRICT. 



\§ 1. Organizes the city of Chicago into a 
drainage district, under the act of 
1885. 

■§ 2. Cut-off drain or ditch to toe constructed 
nortli of Chicago as part of drainage 
system, from Desplaines River to 
Lalce Michigan. 



§3. 

§4. 



§5. 
§6. 



Water diverted by cut-off. 

Dam may be constructed across Mud 

Lalve Valley. 
Eight of way. 
Compensation for damages and cost of 

improvements, how provided for. 



An Act to organize the city of Chicago into a drainage district, and 
to define the powers and duties of the corporate authorities thereof. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the city of Chicago is 
hereby organized as a drainage district, and the corporate authori- 
ties of such city may exercise the powers conferred by an act en- 
titled "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," approved June 22, 
18S5, and are hereby vested with the further powers hereinafter 
granted. 

§ 2. Such corporate authorities may lay out, construct and main- 
tain a cut-off drain or ditch for the diversion of the flood waters of 
the Desplaines River into Lake Michigan, at some point north of 
the city of Chicago, for the relief and in aid of the drainage system 
established or to be established within said district, the location and 
route, dimensions and capacity of such cut-off to be determined by 
said corporate authorities. If the location of such cut-off shall oc- 
cupy a portion of the North Branch of the Chicago River, said 
North Branch may be widened and deepened as shall be required. 
Such cut-off or diversion may be so constructed and maintained as 
to answer the purpose of a drain for the lands through which it 
shall pass, and such corporate authorities may allow said lands to 
be drained into the same upon such terms and conditions as they 
may determine : Provided, such corporate authorities shall not be 
allowed to interfere with any right of drainage which the owners of 
land have or would have, if such cut-off had not been made. 

§ 3. No more of the water of the Desplaines River shall be di- 
verted by any such cut-off than the excess above the ordinary 
water mark in said stream. At the point of diversion there shall 
be constructed and maintained such dams and sluices as shall con- 
trol and regulate the amount of such diversion at all times. During 
dry weather no water ishall be diverted in Lake Michigan, and during 



CITIES, TOWNS AND VILLAGES. 127 



floods no more water shall be allowed to pass said point of diver- 
sion down the river than three thousand (3,000) cubic feet per 
second. 

§ 4. Such corporate authorities may construct and maintain, if 
ihe same shall be found desirable and expedient, a dam across what 
is known as the Mud Lake Valley on or near the west line of sec- 
tions six and seven, township thirty-eight north, range thirteen 
€ast of the third principal meridian, of such dimensions and eleva- 
tion as may be determined upon. 

§ 5. Such corporate authorities may acquire by purchase, gift, 
condemnation or otherwise all the real and personal property, rights 
of way and easements within or without the district necessary for 
the construction and maintenance of the works hereby authorized, 
and shall have the same control and jurisdiction of the property 
without as of that within the district. They shall have the right to 
construct the cut-off herein authorized^ across, under, over, along or 
upon any water- course, street, highway, public ground, railroad or 
turnpike, which the route of the same may intersect or touch ; but 
shall not interrupt the use thereof longer, nor to a greater extent, 
than shall be necessary for the purpose. 

§ 6. Whenever it shall be necessary to take or damage private 
property, for any purpose contemplated by this act, whether within 
or without said drainage district, the compensation therefor may be 
ascertained and the proceedings for the condemnation thereof may 
)be had in the manner provided in article nine of an act entitled 
"An act to provide ibr the incorporation of cities and villages," 
approved April 10, 1872, and the cost of constructing and maintain- 
ing the improvements herein provided for may be defrayed by 
special assessment upon the property benefited thereby, within such 
district only, said assessments to he levied and collected as pro- 
vided in said article nine. 

Approved June 6, 1887. 



CONVEYING REAL ESTATE FOR SCHOOL PURPOSES. 

§ 1 Authorizes corporate authorities of cities, towns and villages under special charters to 
convey real estate for school sites, to school trustees ol the township. 

An Act to permit towns, cities and villages incorporated hy special 
charter to convey real estate for school purposes. 
Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That any town, city or village 
incorporated by a special charter granted by the General Assembly 
of the State of Illinois, holding title to or having an interest in 
any real estate, may, by proper deed of conveyance, executed by 
the corporate authorities of said town, city or village, when author- 
ized by ordinance, sell and convey the same to the trustees of 
schools of the township in which such real estate is situated, to be 
used as a school site for the school district in which such real 
estate is situated. 

Approved May 21, 1887. 



128 ' CLEBKS OF COUETg. 



LOCKPORT. 

§ 1. Repeals section 4, act 1869, amending the charter. 

An Act to repeal section number four (4) of ''An act to amend the 
charter of the village of Lockport," passed February 12, 1853', 
amended and in force February 26, 1869. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly; That section number four of 
"An act to amend the charter of the village of Lockport," in force 
February 26, 1869, be and the same is hereby repealed. 

Approved June 15, 1887. 



TRENTON. 



§ 1. Repeals the charter of the town of Trenton. 

An Acr to repeal an act to incorporate the town of Trenton, in the 
county of Clinton and State of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly: That an act entitled "An act 
to incorporate the town of Trenton, in the county of Clinton and 
State of Illinois," approved February 16, 1865, be and the same is 
hereby repealed. 

Approved June 15, 1887. 



CLERKS OF COUETS. 



BOOKS OF RECORD, DOCKETS AND INDICES, OPEN TO THE lUBLIC. 

§ 1. Amends section 16 act 1874, bv providing that all persons shall have free access to such 
records, dockets and papers, and to make memoranda and abstracts thereof. 

An Act to amend section sixteen (16) of an act entitled "An act to 
revise the law in relation to clerks of courts,'' approved March 25, 
1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section sixteen (16) of an 
act entitled "An act to revise the law in relation to clerks of 
courts," approved March 25, 1874, in force July 1, 1874, be and the 
same is hereby amended so as to read as follows : 



CLERKS OF COURTS. 



129 



"Section 16. The respective clerks of the circuit courts, the 
superior court of Cook county, and the county court, shall keep in 
their offices the following books, to-wit : 

First — A general docket upon which shall be entered all suits in 
the order in which they are commenced. 

Second — Two well-bound books to be denominated, " Plaintiff's 
Index to Court Records," and "Defendant's Index to Court Eecords,"^ 
to be ruled and printed substantially in the following manner : 



Plaintiff^s. 


Defendant's. 


Kind of Action. 


Term Com- 
menced. 


Record Book. 


Pages. 














Term Disposed 
of. 


Date of 
Judgment. 


Judgment 
Docket. 


Execution 
Docket /Z /a. 


Execution 
Docket Alias. 


Execution 
Docket 
Pluries. 




Book. 


Page 


Book. 


Page. 


Book. 


Page. 


Book. 


Page. 


Fee Book. 


Certificate of Certificate of 
Levy. Sale. 


Certificate of 
Redemption. 


Satisfied or 
not Satisfied. 


Number of 
Case. 


Book. 


Page. 


Book. 


Page. 


Book. 


Page. 


Book. 


Page. 







In which all cases shall be entered in alphabetical order, by the 
name of each plaintiff and defendant. Said books shall set forth 
the names of the parties, kind of action, term commenced, the record 
books and pages on which said cases are recorded, the term disposed of, 
date of judgment, books and pages of the judgment dockets, execu- 
tion dockets, fee books, certificates of levy, sale and redemption, 
records on which they are entered, satisfied or not satisfied, and 
number of case. The defendant's index shall be ruled and printed 
in the same manner as the plaintiff's, except the parties shall be 
reversed. 

Third — Proper books of record, with indices, showing the names 
of all the parties to any suit or judgment therein recorded, with a 
reference to the page where it is recorded. 

Fourth — A judgment and execution docket, in which all final judg- 
ments and decrees shall be minuted at the time they are entered, 
or within sixty days thereafter, in alphabetical order, by the name 
of every person against whom the judgment or decree is entered, 
showing, in the proper columns ruled for that purpose, the names 
of the parties, the date, nature of the judgment or decree, amount 
of debt, damages and costs in separate items, for which it is issued, 
to whom issued, when returned, and the manner of its execution ; 
a blank column shall be kept, in which may be entered a note of 
the satisfaction or other disposition of the judgment or decree, and 
when satisfied by execution or otherwise, or set, aside or enjoined, 
the clerk shall enter a minute thereof in such cjluma, showing how 
-9 



130 CLERKS OF COURTS. 



disposed of, the date, and the book and page where the evidence 
thereof is to be found. Such dockets may be searched by persons 
at all reasonable times, without fee. 

Fifth — A fee book, in which shall be distinctly set down, in items, 
the proper title of the cause, and heads, the cost of each suit, 
including clerk's, sheriff's and witness fees, stating the name of each 
witness having claimed his attendance during the term, with the 
number of days he attended at each term. It shall not be necessary 
to insert the costs in the judgment or decree; but whenever a suit 
is determined and final judgment entered, the costs of each party 
litigant shall be made up and entered in such fee book, which shall 
be considered a part of the record and judgment, subject, however, 
at all times to be corrected by the court ; and the prevailing party 
shall be considered as having recovered judgment for the amount of 
the costs so taxed in his favor, and the same shall be included in 
the execution issued upon such judgment or decree, and a bill thereof 
accompanying each execution. If any clerk shall issue a fee bill, or 
a bill of costs, with the execution, without first entering the same 
in his fee book, or if any such bill of costs or fee bill shall be issued 
which shall not be in substance a copy of the recorded bill, the 
same shall be void. Any person having paid such bill of costs or 
fee bill, may recover from the clerk the amount thereof, with costs 
of suit, in any court of competent jurisdiction. 

Sixth — The clerk's, judge's and bar docket, as provided by section 
fourteen of the act in relation to practice in courts of record, with 
the alphabetical indices thereto, by the name of each plaintiff and 
defendant. 

Seventh — Such other books of record and entry as are provided by 
law, or may be required in the proper performance of their duties. 
All records, dockets and books required by law to be kept by such 
clerks shall be deemed public records, and shall at all times be open 
to inspection without fee or reward. And all persons shall have free 
access for inspection and examination to such records, dockets and 
books, and also to all papers on file in the different clerk's of&ces, 
and shall have the right to take memoranda and abstracts thereof." 

Approved June 16, 1887. 



COP.POKATIONS. 131 



CORPOKATIONS. 



BUILDING, LOAN AND HOMESTEAD ASSOCIATIONS. 

§ 1. Amends section 11, act of 1879, by exempting stocks and notes of such corporations 

from taxation. 

An Act to amend section 11 of an act entitled "An act to enable asso- 
ciations of persons to become a body corporate, to raise funds to be 
loaned only amona the members oj such association,''^ in force July 1, 
1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 11 of an act en- 
titled "An act to enable associations of persons to become a body 
corporate, to raise funds to be loaned only among the members of 
such association," be amended so as to read as follows: 

"Section 11. Corporations organized under this act being of the 
nature of co-operative associations, therefore no premiums, fines, 
nor interest on such premiums that may accrue to said corporation 
according to the provisions of this act, shall be deemed usurious, 
and the same may be collected as other debts of like amount may 
be collected bylaw in this State; and all money paid to such cor- 
poration being at once loaned out and placed into taxable property, 
and the shares of stock and notes provided for in this act being 
simply evidence as to where such money has been placed, therefore 
such stock and notes shall not be subject to taxation." 

Approved June 16, 1887. 



building, loan and homestead associations. 

S 1. Amends sections 8 and 10 of the act of 1879. § 8— Amended so as to permit the premiums 
bid for a loan to be paid in installments. § 10— Amended by adding the proviso. 

An Act to amend sections eight (8) and ten (10) of an act entitled 
"An act to enable associations of persons to become a body corporate, 
to raise funds to be loaned only among the members of such associa- 
tions," in force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections eight (8) and ten 
(10) of an act entitled "An act to enable associations of persons to 
become a body corporate, to raise funds to be loaned only among 
the members of such associations," in force July 1, 1879, be and 
the same are hereby so amended as to read as follows : 

"Section 8. The board of directors shall hold such stated meet- 
ings, not less frequently than once a month, as may be provided by 



132 CORPORATIONS. 



the by-laws, at which the money in the treasury, if one hundred 
dollars or more, shall be offered for loan in open meeting; and the 
stockholders who shall bid the highest premium for the preference 
or priority of the loan, shall be entitled to receive a loan of one 
hundred dollars for each share of stock held by said stockholder ; 
the said premium bid may be deducted from the loan in one amount, 
or may be paid in such proportionate amounts or installments, and 
at such times daring the existence of the shares of stock borrowed 
upon, as may be designated by the by-laws of the respective asso- 
ciations : Provided, that no loan shall be made by said corporation 
except to its own members, nor in any sum in excess of the amount 
of stock held by such members borrowing: And, provided, that 
such stockholder may borrow such fractional part of one hundred 
dollars as the by-laws may provide. Good and ample real estate 
security, unincumbered, except by prior loans of such associa- 
tion, shall be given by the borrower to secure the repayment of the 
loan : Provided, hoivever, that the stock of such association may be 
received as security to the amount of the withdrawal value of such 
stock." 

"Section 10. A borrower may repay a loan at any time, and in 
the event of the repayment thereof before the expiration of the eighth 
year after the organization of the association, or the date of issue 
of the series of stock in such association on which the loan may 
have been made, there shall be refunded to such borrower one- 
eighth of the premium paid for every year of the said eight years 
then unexpired : Provided, that where the said premium has not 
been deducted from the loan, but paid in installments, there shall 
be no premium refunded ; and any mutual building, loan and home- 
stead association which may have heretofore been incorporated 
under the laws of the State of Illinois, may avail itself of all the 
powers conferred by this act." 

Approved June 17, 1887. 



CHANGING NAMES, PLACES OF BUSINESS, ETC. 

§ 1. Amends section 1, act of 1872, by authorizing eleemosynary or religious corporations 
to change the manner of electing trustees, and to permit the alumni to vote for 
trustees. 

An Act to amend section 1 of an act entitled "An act to provide for 
changing tJie names, for changing the places of business, for increas- 
ing or decreasing the capital stock, for increasing or decreasing the 
number of directors, and for the consolidation of incorporated com- 
panies, so as to enable eleemosynary or religious corporations to change 
the time and manner of electing directors, and to allow the alumni 
to vote in the election of the trustees, or a part thereof," approved 
and in force March 26, 1872. 



CORPORATIONS. 133 



Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assevibly: That section 1 of an act entitled 
"An act to provide for changing the names, for changing the places 
of business, for increasing or decreasing the capital stock, for in- 
creasing or decreasing the number of directors, and for the consoli- 
dation of incorporated companies, so as to enable eleemosynary or 
religious corporations to change the time and manner of electing 
directors, and to allow the alumni to vote in the election of the 
trustees, or a part thereof," approved and in force March 26, 1872, 
be and the same is hereby amended so as to read as follows : 

"Section 1. That whenever the board of directors, managers or 
trustees of any corporation existing by virtue of any genernl or 
special law of this State, or any corporation hereafter organized ly 
the virtue of any law of this State, may desire to change the name, 
to change the place of business, to increase or decrease the capital 
stock, to increase or decrease the number of directors, managers or 
trustees, or to consolidate said corporation with any other corpora- 
tion now existing, or which may hereafter be organized, they may 
call a special meeting of the stockholders of such corporation, for 
the purpose of submitting to a vote of such stockholders the ques- 
tion of such change of name, change of place of business, increase 
or decrease of number of directors, managers or trustees, increase 
or decrease of capital stock, or consolidation with some other cor- 
poration, as the case may be, and further, that eleemosynary or 
religious corporations, for educational purposes, acting under the 
general law, or by virtue of special charter, are authorized to change 
the time and manner of electing the trustees, and to allow the 
alumni of said corporations to vote in the election of the trustees, 
or a part thereof : Provided, that in changing the name of any other 
corporation under the provisions hereof, no name shall be assumed 
or adopted by any corporation similar to, or liable to be mistaken 
for, the name of any other corporation organized under the laws of 
this State, without the consent of such other corporation ; and that 
in no case shall the capital stock be diminished to the prejudice of 
the creditors of such corporation, or the number of directors, man- 
agers or trustees be reduced to less than five, or increased to more 
than eleven : And provided, further, that no corporation shall, by 
virtue hereof, change its place of business from any town, county 
or municipality, or any of the inhabitants thereof, or any person 
or persons interested therein, shall have donated or in any manner 
contributed any money, or other valuable thing, to induce such 
corporation to locate in such town, county or municipality: And 
provided, further, that the provisions of this act in reference to the 
consolidation of corporations shall only apply to corporations of the 
same kind and engaged m the same general business, and carrying 
on their business in the same vicinity ; and that no more than two 
corporations now existing shall be consolidated into one under the 
provisions hereof." 

Approved June 14, 1887. 



134 



C0RP0EA.TI0N8. 



CO-OPERATIVE ASSOCIATIONS FOE PROFIT. 



§ 1. 



§ 4. 



§ 5, 
§ 6. 

§ 7. 

§ 8, 



§ 9. 
§ 10. 



§ II. 
§ 12. 



Corporations may be organized as co- 
operative associations in any branch 
of industry; statement filed with 
Secretary of State ; license ; name. 

Subscription to capital stock. 

Organization may be completed when 
ten shares have been subscribed. 

Report of commissioners ; final certi- 
ficate of organization ; record of cer- 
tificate; limitation. 

Corporate powers. 

Directors ; officers ; by-laws. 

Compensation of directors and officers j 

duties of the secretary. 
Value of shares of stock; payable in 
installments ; forfeiture by non-pay- 
ment; reissue of forfeited shares. 
Assignment of stock ; liability ; vote of 

shares. 
Dividends based on product of share- 
holder ; piece and hour work ; appeals 
Employment of labor other than share- 
holders prohibited; substitutes. 
Estate of shareholder; substitute. 



§ 13. Increase of membership. 

§ 14. Power reserved to the State. 

§ 15. Corporate existence continued after 

expiration of charter to close affairs ; 

dissolution shall not effect liability. 
§ 16. Books of account open to share- 
holders. 
§ 17. Failure to elect directors, effect. 
§ 18, Assessments for unpaid stock. 
§ 19. Indebtedness in excess of capital 

stock. 
§ 20. Payment of dividend by insolvent 

company. 
§ 21. Monthly meetings of directors. 
§ 22. Monthly meetings of shareholders; 

quorum. 
§ 23. By-laws— adoption, amendment and 

repeal- 
§ 24. Forfeiture of charter; liability of 

members for indebtedness. 
§ 25. Courts shall have power to dissolve 

associations; receivers. 
§26. Record evidence. 



An Act to proinde for the incorporation of co-operative associations for 

pecuniary profit. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That whenever any numbsr of 
persons, not less than three nor more than seven, may desire to 
become incorporated as a co-operative association for the purpose of 
prosecuting any branch of industry, they shall make a statement to 
that effect under their hands and seals, duly acknowledged, before 
some officer in the manner provided for the acknowledgment! of 
deeds, setting forth the name of the proposed corporation, its capital 
stock, its location, and duration of the association, and the particu- 
lar branch of industry which they intend to prosecute, which state- 
ment shall be filed in the office of the Secretary of State. The 
Secretary of State shall thereupon issue to such persons a license 
as commissioners to open books for subscription to the capital stock 
of such association, at such time and place as they may determine. 
No license shall be issued to two associations of the same name. 
The name of the city, village or town, in which the association may 
be located, shall form no part of the name. 

§ 2. No person shall be permitted to subscribe more nor less 
than one share to the capital stock of such association, nor shall 
any person be permitted in any manner to own or control more or 
less than one share in such association. 

§ 3. As soon as ten shares or more of the capital stock shall be 
subscribed, the commissioners shall convene a meeting of the sub- 
scribers for the purpose of electing directors, adopting by-laws and 
transacting such other business as shall properly come before them. 
Notice thereof shall be given by depositing in the postoffice, properly 
addressed to each subscriber, at least ten days before the time hxed^ 
a- written or printed notice, stating the object, time and place of 
such meeting. Directors of associations, organized under this act 



CORPORATIONS. 135 



shall be elected, classified and hold their office for such period of 
time as is provided by general law governing the election and classifi- 
cation of directors, trustees or managers of corporations. 

§ 4. The commissioners shall make a full report of their proceedings, 
including therein a copy of the notice provided for in the foregoing sec- 
tion, a copy of the subscription list, a^copy of the by-laws adopted by the 
association, and the names of the directors elected and their respective 
terms of office, which report shall be sworn to by at least a majority of 
the commissioners, and shall be filed in the office of the Secretary of 
State. The Secretary shall thereupon issue a certificate of the com- 
plete organization of the association, making a part thereof a copy 
of all papers filed in his office in and about the organization of the 
corporation, and duly authenticated under his hand and seal of State ; 
and the same shall be recorded in the office of the recorder of deeds 
in the county in which the principal office of such association is 
located. Upon the recording of said copy the association shall be 
deemed fully organized and may proceed to business. Unless such 
association shall be organized and shall proceed to business within 
three years after the date of such license, the license to form such 
association shall be deemed revoked, and all proceedings thereunder 
shall be void. 

§ 5. Associations formed under this act shall be bodies corporate 
and politic for the period for which they are organized ; may sue 
and be sued; may have a common seal, which they may alter or 
renew at pleasure; may own, possess and enjoy so much real and 
personal estate as shall be necessary for the transaction of their 
business, and may sell and dispose of the same when, in the opinion 
of the shareholders, it is not required for the uses of the association. 
They may borrow money at legal rates of interest and pledge their 
property, both real and personal, to secure payment thereof, and 
may have and exercise all powers necessary and requisite to carry 
into effect the objects for which they may be formed. 

§ 6. The corporate powers shall be exercised by a board of 
directors, the number of which shall be fixed by the by-laws of the 
association, but the number may be increased or diminished by a 
majority of the shareholders at any properly called meeting. The 
officers of the association shall consist of a president, vice-president, 
secretary and treasurer, to be elected by the shareholders at their 
annual meeting, as may be provided for in the by-laws of the 
association, who shall be elected at some regular meeting of the 
shareholders, as may be by by-laws provided. All by-laws of the 
association shall be adopted by the shareholders of the association. 

§ 7. No officer or director shall receive any compensation for 
his services, except such as may be provided for in the by-laws of 
the association. It shall be the duty of the secretary to be present 
at all meetings of the directors, and meetings of the shareholders, 
and faithfully make and preserve a record of all the proceedings of 
such meetings, which record shall be kept in a suitable place 
accessible to the inspection of any shareholder. He shall be the 
book-keeper of the association ; shall keep the accounts between the 
association and the individual shareholders, officers and agents 



136 CORFOEiTIONS. 



thereof, iiad between the association and all parties with whom it 
may transact business, and such other duties as may be imposed 
Ui:on him by the by-laws of the association. 

§ 8. The shares of stock shall not be less than $50, nor more 
than $2,000 per share, and subscriptions therefor shall be made 
payable to the association and in installments, and at such time or 
times as shall be determined by the shareholders, and an action 
may be maintained in the name of the association to recover any 
installment which shall remain due and unpaid for the period of 
thirty days after personal demand therefor; or, in cases where 
personal demand is not made, within thirty days after a written or 
printed notice has been deposited in the postoffice, properly directed 
to the postoffice address of the shareholder. The association may, 
by by-laws, prescribe other penalties for a failure to pay the in- 
stallments that may from time to time become due, but no penalty 
working forfeiture of stock, or the amount paid thereon, shall be 
declared against any shareholder until the personal demand or 
written or printed notice, above provided for, shall have been made. 
Whenever a share of stock shall be forfeited, such share shall then 
become the property of the association, and may be re-issued to 
any person not already holding a share. But any proceeds received 
from such re-issue, over and above the amount due on said share, 
by the association, shall be paid to the delinquent shareholder. 

§ 9. Every assignment or transfer of stock, on which there re- 
mains any portion unpaid, shall be recorded in the books of the 
association, and each shareholder shall be liable, jointly with the 
association as well as severally, for the debts of the association, to 
the extent of the amount that may be unpaid upon the share held 
by him. No assignor of a share shall be released from any such 
indebtedness by reason of any assignment of his share, but shall 
remain liable therefor jointly with the assignee and the association 
or severally, until the stock is fully paid up. Every assignee of a 
share shall be liable for the amount unpaid thereon, the same as if 
he had been an original shareholder. No assignment shall be made 
to any person who already holds a share. No assignee or transferee 
of stock shall have any equitable or lecral title in Ihe same, or have 
the right to vote at any shareholders' meeting until such assignment 
or transfer shall be recorded as above provided for. On no ques- 
tion shall any shareholder have more than one vote. 

§ 10. All dividends of profits made by any association, incor- 
porated under this act, shall be made in proportion to the amount 
of work performed, or product produced by each shareholder, and 
the association shall decide by by-law whether each shareholder's 
work or product shall be measured by the piece or by the day or 
hour, or may classify the work and measure some by the piece, 
some by the day and some by the hour, as the exigencies of the 
case may demand. The association shall also provide by by-law 
how different kinds of piece-work shall be rated, and how piece- 
work shall be rated with day or hour work; shall provide how and 
by whom all kinds of work shall be received as properly executed 
from the shareholders for the association ; shall provide the manner 
of giving out material to the different shareholders with which to 



CORPORATIONS. 137 



work, and as to what position or location shall be assigned to each 
shareholder and by whom. Should any shareholder be dissatisfied 
with the decision upon his work, or with the material given him, 
■or the position or location assigned him, he may appeal to the 
association at some regular meeting of the shareholders, whose de- 
•cision shall be final. The association may provide by by-law how 
isuch appeal may be conducted. If, in any kind of industry, it 
should be impossible to assign all shareholders to equally advan- 
tageous positions or locations in work, the association may provide 
that shareholders shall periodically change places, or provide any 
other method of equalizing such matters in accordance with justice 
and equity. 

§ 11. It shall be unlawful for the association to hire any person 
to engage in the principal business for which the association was 
organized to prosecute, it being the intent of this act that such 
labor shall be performed by the shareholders of the association to 
preserve the co-operative feature. It shall be lawful for any share- 
holderj in case he shall be detained from work by sickness of self 
or family, or very urgent business, to employ and furnish a com- 
petent substitute to perform such labor as would be assigned to the 
absent shareholder ; and in such case the dividends shall' be made 
to such shareholder the same as if he was present performing his 
labor himself. The association shall not be liable in any manner 
for the pay of such substitute. 

§ 12. Whenever any shareholder may die, his share shall become 
a personal asset of his estate, and may be sold by his legal 
representative to any person, or may be awarded as a dividend of 
the estate to any person competent to work the share, or to any 
devisee or legatee competent to work the share, not already a share- 
holder, and the same may be assigned or transferred in the same 
manner and subject to the same regulations prescribed in section 9 
of this act Such legal representative shall have the right to fur- 
nish a competent substitute to work the share of such deceased 
person for the space of two years after the death of the deceased, 
unless the same shall have been sooner sold or awarded as an 
estate dividend, or devise or legacy, as in this section provided, and 
during the time such substitute may be furnished, such legal 
representative, for the use of the estate, shall be entitled to vote, 
receive dividends and shall inure to all the benefits to which the 
deceased, if living and working his share, would have been entitled. 
Whenever such share shall become a part of the widow's allow^mce 
in the course of the administration of the estate of any deceased 
shareholder, she may furnish a competent substitute to work such 
share, and shall be entitled to all privileges, dividends, etc., to 
which her husband would have been entitled, so long as she may 
desire to hold such share. She shall also have tile privilege to sell 
the same whenever she may desire under the provisions of section 
9, of this act. 

§ 13. Any association, licensed to operate under this act, may 
increase its membership of shareholders in such manner as it may 
by by-law provide, not inconsistent with any of the provisions of 
this act. 



138 CORPOBA.TIONS. 



§ 14. The General Assembly hereby reserves the power to prescribe 
such regulations and provisions governing any and all associations 
incorporated under this act, as it may deem advisable, such reg- 
ulations and provisions to be binding on associations incorporated 
at the time such regulations may be made, as well as those there- 
after incorporated. 

§ 15. All associations organized under this act, whose powers 
may have expired by limitation or otherwise, shall continue their 
corporate capacity during the term of two years, for the purpose 
only of collecting debts due the association, and selling and convey- 
ing the property and effects thereof, and during such time shall be 
capable of prosecuting and defending suits in law or equity. The 
dissolution, for any cause whatever, of any association incorporated 
under this act shall not take away or impair any remedy given 
against such association, its shareholders, officers or agents, for any 
liabilities incurred previous to dissolution. 

§ 16. It shall be the duty of the directors of any association to 
cause to be kept at its principal office or place of business in this 
State, correct books of account of all its business, and every share- 
holder of such association shall have the right at all reasonable 
times, by himself or his attorney, to examine the records and books 
of account of the association. 

§ 17. A failure to elect directors or officers, or both, on the day 
designated in the by-laws, or on the day for which notice was given 
for election, shall not have the effect of dissolving the association, 
but such election may be held at any time after proper notice. 

§ 18. All assessments or installments of the unpaid or partly 

,unpaid shares of stock of any association shall be levied by the 

directors in accordance with the provisions of the by-laws, but any 

assessment or installment required to be paid shall be levied pro 

rata upon all the shares of stock. 

§ 19. If the indebtedness of any association shall exceed the 
amount of its capital stock, the directors and officers of such asso- 
ciation, assenting thereto, shall be individually liable for such excess 
to the creditors of such association. 

§ 20. If the directors or other officers or agents of any association 
shall declare and pay any dividend, when such association is insol- 
vent, or any dividend the • payment of which would diminish the 
amount of the capital stock, all directors, officers and agents assent- 
ing thereto shall be jointly and severally liable for all debts of such 
association then in existence, and for all which shall thereafter be 
contracted while they shall respectively continue in office. 

§ 21. The board of directors shall hold stated meetings not less 
frequent than once each month, as may be provided by the by-laws, 
and when such officers shall be present at any meeting, however 
called or notified, or shall sign a written consent on the record of 
such meeting, the acts of such meeting shall be as valid as if 
legally called and notified. All directors' meetings must be held 
within the limits of this State. 



CORPOEATIONS. 139- 



§ 22. The shareholders of every association shall hold regular 
meetings not less frequently than once each month, as may be pro- 
vided by the by-laws, and shall be presided over by the president of 
the association, or, in his absence, the vice-president shall preside, 
and in his ab ence the meeting may elect a president pro tempore, 
who shall preside during that meeting. It shall require a majority 
of all the shareholders entitled to vote to be present, either in per- 
son or by written proxy, to constitute a quorum to transact business, 
but a smaller number may adjourn from time to time if they 
desire, or until the next regular meeting. 

§ 23. No by-law shall be adopted, amended or repealed except by 
an af&rmative vote of a majority of all the shareholders entitled to 
vote. Such vote shall be taken by a call of the roll of shareholders, 
by the secretary of the meeting, noting the responses, whether aye 
or no, opposite their respective names, and which vote shall be 
spread upon the records of the proceedings. Votes upon other ques- 
tions may be viva voce, showing of hands or a division of the house, 
unless three shareholders, by themselves or proxy, shall call for the 
ayes and noes, when, in such case, the roll shall be called and the 
aye and no vote taken. If, in calling the roll upon any question, 
less than a quorum votes, the pending question shall still remain 
as undecided until a quorum shall vote upon the question. Any 
proposition to amend, repeal or enact any by-law must set forth the 
by-law as amended, or the one repealed or the new one proposed, 
and be read at large in open meeting, and its consideration post-^ 
poned until the next meeting, unless a majority of all the share- 
holders of the association shall, on an aye and no vote, be in favor 
of considering the question at once. 

§ 24. If any association, or its authorized agents, shall do or 
refrain from doing any act which shall subject it to a forfeiture of 
its charter or corporate powers, or shall allow any execution or- 
decree of any court of record for a payment of money after demand 
made by the officer, to be returned "no property found," or to re- 
main unsatisfied thirty days after such demand, or shall dissolve or 
cease doing business, leaving debts unpaid, suits in equity may be 
brought against all persons who are shareholders at the time, and 
liable in any way for the debts of the association, by joining the 
corporation in such suit ; and after the assets of the corporation 
shall have been exhausted, each shareholder may be required to pay 
his pro rata share of such debts to the amount of his unpaid stock, 
or to any extent to which he may by law have become individually 
liable. 

§ 25. Courts of equity shall have full power, on good cause 
shown, to dissolve or close up, or take charge of the business of any 
association for the benefit of the creditors, to appoint a receiver 
therefor, who shall have authority, by the name of the receiver of 
such association (giving the name), to sue in all courts, and do all 
things necessary to close up its affairs, or to make the money" 
charged against it and restore it back to the shareholders of the 
association, as may be commanded by the decree of court. Said 
receiver shall be a citizen of- the State of Illinois, and shall enter 



140 



CORPOEATIONS. 



into bonds payable to the people of the State of Illinois for the use 
of all parties interested, in such penalty and with such sureties as 
the court may, in the decree or order appointing the same, require. 

§ 26. The certified copy of any articles of incorporation and 
changes thereon, under the great seal of the State of Illinois, shall 
be taken and received in all courts and places as prima facie evi- 
dence of the facts themselves. 

Approved May 31, 1887. 



FOR THE APPREHENSION OF HORSE THIEVES AND OTHER CRIMINALS. 



§ 6. Articles of association shall be re- 
corded and a record of the names of 
members kept. 

§ 7. Companies heretofore organized. 

§ 8. Repeals all acts in conflict. 



i 1. Corporations may be formed. 

■§ 2. Articles of incorporation filed with the 

county recorder of deeds. 
^ 3. Corporate powers. 
S 4. Constitution and by-laws. 
§ 5. May call upon the peace oJficers ; may 

elect special constables ; names to be 

recorded. 

An Act to amend an act entitled "An act to authorize the formation 
of companies for the detection and apprehension of horse thieves 
and other felons," returned by the Governor July 7, 1885, to the 
Secretary of State, without his approval or veto, and is therefore now 
in force. 

- Section 1. Be it enacted by the People oj the State of Illinois, 
represented in the General Assembly: That " An act to authorize the 
formation of companies for the detection and apprehension of horse 
thieves and other felons," be, and the same is hereby, amended to 
read as follows : 

" Section 1. That any number of citizens, not less than ten (10), 
are hereby authorized to form themselves into a company for the 
purpose of detecting and apprehending of horse thieves, incendiaries 
and all other criminals against the laws of the State of Illinois, as 
hereinafter provided. Such number of citizens forming articles of 
association shall be charter members and may add to their number, 
or expel members according to the provision of their constitution 
and by-laws, 

" Section 2. Persons forming any such company, shall each sub- 
scribe to articles of association in which shall be set forth the name 
of said company and their place of meeting. Said articles of asso- 
ciation shall be filed and recorded with the recorder of deeds in the 
county in which the meeting of such company is fixed by said arti- 
cles of association, and a certified copy of such record shall be 
received as evidence in any court of this State of the existence of 
such company. 

"Section 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, 



COBPOEATIONS. 141 



and by such name may sue and be sued, plead and be impleaded 
in any court of competent jurisdiction in this State, and shall have 
succession during any time, may have and use a common seal and 
alter the same at pleasure. 

"Section 4. Such companies shall have power to adopt a con- 
stitution 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. 

"Section 5. Such companies shall have power to call to their 
aid the peace officers of this State in accordance with law in the 
pursuit and apprehension of criminals and the recoverv of stolen 
property, and at any regular meeting may elect any number of their 
members as they deem best to act as special constables, and shall 
hold their office for one year, and shall have all the rights and 
privileges of constables when engaged in the pursuit of criminals 
and the recovery of stolen property. Each company so electing 
special constables shall, by their president and secretary, make a 
lisc of such persons so elected, which list shall state the names and 
residence of each person so elected as special constables, which list 
shall be filed and recorded in the office of the recorder of deeds 
in the county in which said company exists. A certified copy of 
such record shall be evidence in any court in this State of the ex- 
istence of such special constables. In case of vacancies occurring 
by death, or otherwise, of any of the special constables in any com- 
pany, said company can fill the vacancies by election, and having 
the same recorded as herein provided for the election of special 
constables. 

"Section 6. It shall be the duty of any company so forming 
articles of association to provide a suitable book for the recording 
of its articles of association and the name of each member as sub- 
scribed to the articles of association, and the names of all new 
members, the date the same were taken in, the names of all mem- 
bers withdrawn or expelled, the date of the same, and in a separate 
place the names of the members elected as special constables, with 
the date of their election and the date of the filing of the list of 
their election, which book, when sworn to by their secretary to be a 
correct record for the purpose it is kept, shall be evidence in any 
court of the legal members belonging thereto. 

"Section 7. Such companies heretofore organized under an act 
of the General Assembly of this State in 1874, authorizing the 
formation of corporations for other than profit, or any act amenda- 
tory thereof, or by an act entitled "An act for the formation of 
companies for the detection and apprehension of horse thieves and 
other felons," in force July 7, 1885, shall have all the rights and 
benefits of this act during their existence, provided such companies 
heretofore organized shall comply with the provisions of the fifth 
section of this act in relation to the election of special constables, 
and having the same recorded as therein provided, and of the pro- 
visions of the sixth section of this act, in relation to providing and 
keeping a book of record of the names of members and the articles 
of association, charter or permit. 



142 ■ CORPORATIONS. 



"Section 8. All acts and parts of acts in conflict with this act 
are hereby repealed." 

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 flle it with his objections in my 
ofBce before the expiration of said ten days, it has thereby become a law. 

Witness my hand this 28th day of June, A. D. 1887. 

HENRY D. DEMENT, 

Secretary of State. 



RECEIVERS. 

§ 1. Provides how service of process may be had on the receivers of corporations. 
An Act in regard to the serving of process on receivers of corporations. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the receiver or receivers 
of any incorporated company may be served with process by leav- 
ing a copy of such process with such receiver or receivers, if he or 
they can be found in the county in which the suit is brought ; if 
he or they shall not be found in the county, then by leaving a copy 
of such process with any clerk, secretary, superintendent, general 
agent, engineer, conductor, station agent, or any agent in the em- 
ploy of such receiver or receivers. 

Approved June 3, 1887. 



reincorporation. 

§ 1. Corporations organized under general law entitled to re-incorporate under same 

name. 

An Act to amend on act entitled "An act concerning corporations,'^ 
approved April 18, 1872, in force July 1, 1872, by adding thereto a 
section to be numbered twenty-eight and one-half (28|^.) 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Asse^nbly: That an act entitled "An act 
concerning corporations," approved April 18, 1872, in force July 1, 
1872, be and is hereby amended by adding thereto the following 
section to be numbered twenty-eight and one-half (282-.) 

Section 28^. It shall be unlawful for the Secretary of State to 
issue a license for any person or persons to incorporate under the 
name of any heretofore existing corporation organized under any 
general law of this State, until the expiration of thirty days from 
and after the expiration of the existence of such corporation : Pro- 
vided, that the corporation enjoying such name shall have the ex- 
clusive privilege of becoming incorporated under the same name at 
any time within the said thirty days, according to the provisions of 
the act to which this is an amendment. 

Approved June 16, 1887. 



CORPORA.TIONS. 



143 



SURETY COMPANIES. 



§ 2. Companies liable for the acts of their 

agents. 
§ 3. "Where action shall be brought. 



§ 1. Authorizes companies organized under 
the laws of this or any other State, 
for that purpose, to become surety 
for any person or corporation, re- 
quired by law to give bond, upon ap- 
proval of the officer charged with 
that duty. 

An Act to enable corporations created for that purpose, to transact a 
surety business in this State and to become the surety on bonds re- 
quired by law. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That any company with a paid 
Tip capital of not less than two hundred and fifty thoilsand dollars, 
incorporated and organized under the laws of this or any State of 
the United States, for the purpose of transacting business as surety 
on obligations of persons or corporations, and which has complied 
with all the requirements of the law regulating the admission of 
insurance companies to transact business in this State, may transact 
such surety business in this State, and may also, upon production 
of evidence of solvency and credit, satisfactory to the judge, head 
of department, or other of&cer authorized to approve such bond, be 
accepted as surety upon the bond of any person or corporation 
required by the laws of this State to execute a bond, and if such 
surety company shall furnish satisfactory evidence of its ability to 
provide all the surety required by law, no additional surety may be 
exacted, but other surety may, in the discretion of the official 
authorized to approve such bond, be required, and such surety may 
be released from its liability on the same terms and conditions as 
are by law prescribed for the release of individuals, it being the 
true intent and meaning of this act to enable corporations, created 
for that purpose, to become the surety on all bonds required by law, 
subject to all the rights, conditions and liabilities of private parties : 
Provided, that the licensing of any company authorized to transact 
a surety business in this State, shall cease and determine, who 
shall remove or make application to remove into any United States 
court, any action or proceedings commenced in any of the State 
courts of this State upon any claim or cause of action arising out 
of any business transaction in fact done in this State, any permis- 
sion, consent, agreement, condition or provision incorporated in any 
contract, mortgage, note, bond, obligation or policy of surety author- 
izing or consenting to such removal, to the contrary notwithstanding. 

§ 2. Any company which shall execute any bond as surety under 
the provisions of this act, shall be estopped in any proceedings to 
enforce the liability, from denying the authority of the agent or 
officer executing such bond and undertaking such liability by and 
on behalf of such company. 

§ 3. All actions brought against any company or corporation 
organized or doing business under this act, may be brought in any 
county where the cause of action occurred, or where the plaintiff or 



144 



CORPOEATIONS. 



complainant resides, or in any county where the company or cor- 
poration does business, and process may be directed to any county 
in this State for service and return. 

Approved May 13, 1887. 



TRUST COMPANIES. 



§ 1. 



§3. 
§ 4. 
§5. 
§ 6. 

§ 7. 



§ 9. 



Trust companies may be appointed 
trustees the same as natural per- 
sons. 

Courts may appoint as receivers 
assignees, etc. 

Liability on investments. 

Interest on deposits. 

Compensation. 

Deposit with the Auditor to secure 
creditors. 

Abstracts of title securing mortgages ; 
fees for examining. 

Certificate of the Auditor as to deposit. 

Annual statement filed with Auditor; 
items. 



§ 10. Report verified by affidavit. 

§ n. Inaulries may be made by Auditor, 
concerning company's affairs ; addi- 
tional reports. 

§ 12. Annual examination by the Auditor. 

§ 13. Violations of law or doing an unsafe 
business; duties of the Auditor. 

§ 14. False statement; revocation of 
authority to do business. 

§ 15. Penalties for violation of this act. 

§ 16. Publication of annual statement. 

§ 17. Fees to be paid the State, 

§ 18. Dissolution. 

§ 19. Repeals laws in conflict. 



An Act to prot 



'ide for and regulate the administration of trusts hy 
trust companies. 



Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That any corporation which has 
been or shall be incorporated under the general incorporation laws 
of this State, being an act entitled " An act concerning corporations," 
and all amendments thereof, for the purpose of accepting and exe- 
cuting trusts, and any corporation now or hereafter authorized by law 
to accept and execute trusts, may be appointed assignee or trustee by 
deed, and executor, or trustee by will, and such appointment shall 
be of like force as in case of appointment of a natural person. 

§ 2. Whenever application shall be made to any court in this 
State for the appointment of any receiver, assignee, executor, or 
trustee, it shall be lawful for such court to appoint any such 
corporation as such trustee, receiver, assignee or executor. 

§ 3. Such corporations shall not be required to give any bond 
or security in case of any appointment hereinbefore provided for, 
except as hereinafter provided, but shall be responsible for all 
investments which shall be made by it, of the funds which may be 
entrusted to it for investment by such court, and shall be further 
liable as natural persons in like positions now are, and as herein- 
after provided. The amount of money which any such corporation 
shall have on deposit at any time shall not exceed ten times the 
amount of its paid up capital and surplus, and its outstanding 
loans shall not at any time exceed said amount. 



CORPORATIONS. 145 



§ 4. Such compauy shall pay interest upon all moneys held by 
it by virtue of this act, at such rate as may be agreed upon at the 
time of its acceptance of any such appointment, or as shall be pro- 
vided by the order of the court. 

§ 5. Such corporations shall be entitled to, and shall be allowed 
proper compensation for all the services performed by them under 
the provisions of this act, but such compensation shall not exceed 
that allowed to natural persons for like services, 

§ 6. Each company, before accepting any such appointment or 
depositj shall deposit with the Auditor of Public Accounts, for the 
benefit of the creditors of said company, the sum of $200,000 in 
stocks of the United States, or of this State, or in mortgages on 
improved and productive real estate in this State, being first liens 
thereon, and the real estate being worth at least twice the amount 
loaned thereon. The stocks and securities so disposited, may be ex- 
changed from time to time for other securities receivable as afore- 
said. Said stocks of the United States or of this State to be regis- 
tered in the name of said Auditor, officially, and all said securities 
to be subject to sale and transfer, . and to the disposal of the pro- 
ceeds by said Auditor only on the order of a court of competent 
jurisdiction, and as heremafter provided in section 18. So long as 
the company so depositing shall continue solvent, such company 
shall be permitted to receive from the said Auditor the interest or 
dividends on said deposits. 

§ 7. When any part of such deposit is made in bonds and mort- 
gages, it shall be accompanied by full abstracts of titles and searches 
and shall be examined and approved by or under the direction of 
the Auditor. The fees for an examination of title by counsel, to be 
paid by the company making the deposit, shall not exceed $20 for 
each mortgage, and the fee for each appraiser, not exceeding two, 
besides expenses, shall be $5 for each mortgage. 

§ 8. It shall not be lawful for any such company to accept any 
trust or deposit as hereinbefore provided, after the passage of this 
act, without first procuring from the Auditor of Public Accounts a 
certificate of authority stating that such company has complied with 
the requirements of this act in respect to such deposit. 

§ 9. Such companies shall file with the said Auditor, during the 
month of January of each year, as tatement, under oath, of the con- 
dition of such company on the thirty-first day of December next 
preceding, exhibiting the following items in the following form: 

(a). The assets of said company, specifying: 

First — The description and market value, or as nearly as may be, 
of the real estate owned by such company. 

Second — The amount of cash on hand and deposited in banks to 
the credit of said company, specifying in what banks such deposits 
are. 

Third — The amount of cash in the hands of agents and in course 
of transmission. 



—10 



146 ■ CORPORATIONS. 



Fourth — The amount of loans secured by mortgages and bonds 
constituting a first lien on real estate, on which there shall be less 
than one year's interest due or owing and the amount of such in- 
terest. 

Fifth — The amount of such loans on which there shall be more 
than one year's interest due or owing, and the amount of such in- 
terest. 

Sixth — The amount due the company on which judgments have 
been obtained. 

Seventh — The amount of stocks and bonds of this State and of 
the United States, of any incorporated city of this State, and of 
any other stocks and bonds owned by such company, specifying the 
amount, number of shares, and the par and market value of each 
kind of stock or bonds. 

Eighth — The amount loaned upon the pledges of securities, with 
a statement of the securities so held by such company, and the 
par and market value of such securities. 

Ninth — The amount of all other assets of such company, includ- 
ing accrued interest not enumerated above. 

(b.) The liabilities of such company, specifying: 

First — The capital stock paid in. 

Second — The surplus on hand. 

Third — The undivided profits. 

Fourth — The deposits held by such company. 

(c.) A list and brief description of the trusts held by such com- 
pany, the source of the appointment thereto, and the amount of 
real and personal estate held by such company by virtue thereof, 
except that mere mortgage trusts wherein no action has been taken 
by such company, shall not be included in such statement. The said 
report shall also be in such form and contain such statements, re- 
turns and information, as to the affairs, business condition and 
resources of the corporation, as the said Auditor of State may, from 
time to time, prescribe or require. 

§ 10. Such report shall be verified by the af&davit of one of the 
managing officers, and two of the directors or trustees of said 
company, who shall also state in such affidavit that they have ex- 
amined the assets and books of said company for the purpose of 
making said report. Any false swearing in regard to such report 
shall be deemed perjury, and shall be subject to the punishments 
prescribed by law for such offense. 

§ 11. The Auditor of Public Accounts is hereby authorized and 
empowered to address any inquiries to tiny such company, or the 
officers thereof, in relation to its doings and condition, or any other 
matter connected with it's affairs, and it shall be the duty of any 
company or person so addressed, to promptly reply in writing to 
such inquiries. The Auditor may also require reports from any' 
such corporation at any time he may deem desirable. 



CORPOEATIONS. 147 



§ 12. It shall be the duty of said Auditor annually, either per- 
sonally or^by one or more competent persons to be appointed by 
him, to visit and examine every such corporation in this State. 
The Auditor shall also have power, in like manner, to examine any 
such corporation, whenever, m his judgment, it may be deemed 
necessary or expec^ient. Tlie said Auditor and every such examiner 
shall have power to administer an oath to any person whose testi- 
mony may be required on any such examination, and to compel the 
appearance and attendance of any such person for the purpose of 
examination, by summons, subpoena or attachment, in the manner 
now authorized in respect to the attendance of persons as witnesses 
in the courts ot record in this State ; and all books and papers 
which may be deemed necessary to examine by the Auditor or ex- 
aminer so appointed shall be produced, and their production may 
be compelled in like manner. The expense of every examination, if 
any, shall be paid by the corporation examined, in such amount as 
the Auditor shall certify to be just and reasonable ; but whenever 
such special examination shall be made by the Auditor in person, 
or by one or more of the regular clerks in his department, no 
charge shall be made except for necessary traveling and other ac<-ual 
expenses. On every examination, inquiry shall be made as to the 
condition and resources of the corporation generally, the mode of 
conducting and managing its affairs, the action of its directors or 
trustees, the investment of its funds, the safety and prudence of 
its management, the security afforded to those by whom its engage- 
ments are held, and whether the requirements of its charter and of 
the laws have been complied with in the administration of its 
affairs. The result of any such examination shall be certified by 
the examiner, or one of them, upon the records of the corporation 
examined, and the result of all the examinations during the 
preceding two years shall be embodied in the report of the Auditor 
required by this act to be submitted to the Legislature. Such report 
shall give the date to which such report refers, the amount of cap- 
ital returned by each of said corporations, the whole amount of its 
debts and liabilities, the total sum of its resources, and such other 
information as such Auditor may deem useful. 

§ 13, Whenever it shall appear to the said Auditor, from any 
such examination or report, that any such corporation has com- 
mitted any violation of law, or is conducting its business in an 
unsafe or unauthorized manner, he shall, by an order under his 
hand and seal, direct the discontinuance of such illegal and unsafe 
or unauthorized practices, and strict conformity with the require- 
ments of the law and with safety and security in its transactions ; 
and whenever any such corporation shall refuse or neglect to make 
any such report as is hereinbefore required, or to comply with any 
such order as aforesaid, or whenever it shall appear to the Auditor 
that it is unsafe or inexpedient for any such corporation to continue 
to transact business, or that extraordinary withdrawals of money 
are jeopardizing the interests of remaining depositors, or that any 
trustee or officer has abused his trust or been guilty of misconduct 
or malversation in his ofi&cial position, injurious to the institution, 
or that it has suffered a serious loss by fire, burglary, repudiation 



148 ' CORPORATIONS. 



or otherwise, he shall communicate the facts to the Attorney Gen- 
eral, who shall thereupon institute such proceedings against the 
corporation as the nature of the case may require. 

§ 14. If the Auditor shall at any time have satisfactory evidence 
that any annual statement or other report required or authorized 
by this act, made or to be made by any officer or officers of such 
corporation, is false, it shall be the duty of the said Auditor to imme- 
diately revoke the certificate of authority granted on behalf of such 
corporation, and mail a copy of such revocation to said corporation 
and the clerk of every court of record in this State. Such revoca- 
tion shall not be set aside until satisfactory evidence shall be given 
to said Auditor that such corporation is, in substance and in fact, 
in the condition set forth in such statement or report, and that all 
the requirements of this act have been complied with. Such revoca- 
tion shall be sufficient cause for the removal of such company from 
any appointment held by it under the provisions of this act. 

§ 15, Any violation of any of the provisions of this act shall 
subject the party violating the same to a penalty of |500 for 
each offense, and the additional sum of $100 per day during which 
any such company shall fail to file its said report after the last 
day of January in each year. 

§ 16. The said Auditor shall cause a proper abstract of the 
statements of assets and liabilities reported under section eleven 
[nine] of this act, to be published once in each week for three suc- 
cessive weeks in two newspapers of general circulation, the one 
printed in the city of Springfield, and the other in the county seat 
of the county wherein the principal office of the respective company 
is located, such publication to be paid for by said company. 

§ 17. There shall be paid by every company to whom this act 
shall apply, the following fees: For filing the original application 
and receiving the deposit required by section eight [six] of this act, 
the sum of $30; for filing the annual statement required, $10; for 
the certificate of authority, $2; for every copy of a paper filed in 
the Auditor's office, the sum of 20 cents per folio ; for affixing the 
seal of said office to said copy and certifying the same, $1. 

§ 18. Any company which desires to retire from business under 
this act shall furnish to the Auditor satisfactory evidence of its re- 
lease and discharge from all the obligations and trusts hereinbefore 
provided for, whereupon he shall revoke his certificate to such com- 
pany and return its securities. 

§ 19. All laws and parts of laws in conflict with the provisions 
of this act are hereby repealed. 

Approved June 15, 1887. 



COUNTIES. 149 



COUNTIES. 



COOK COUNTY COMMISSIONERS. 

§ 1. Amends section 59, by providing for the election of 15 commissioners on a general 
ticket annually. Adds section 59^2 providing that the voter may designate one com- 
missioner as president. Amends secton dO by providing that the term of office shall 
begin in December annually after election. 

An Act to amend sections 59 and 60 of the act entitled "An act to 
revise the laiv in relation to counties,'' approved MarjJi 31, 1874, 
as amended by the act of May 20, 1879, and to amend said act by 
adding a section in relation thereto to be known as section 592. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections 59 and 60 of the 
act entitled "An act to revise the law in relation to counties," ap- 
proved March 31, 1874, as amended by the act of May 20, 1879, in 
force July 1, 1879, be and the same is hereby so amended as to 
read as follows : 

"Section 59. On Tuesday after the first Monday of November 
A. D. 1887, there shall be elected by the legal voters of Cook 
county, fifteen commissioners who shall hold their office for the 
term of one year. And on Tuesday after the first Monday in No- 
vember, A. D. 1888, and every year thereafter, the legal voters of 
Cook county shall elect fifteen commissioners who shall hold their 
office for the term of one year. Ten of said commissioners shall be 
elected from the city of Chicago by the legal voters of said city, 
and five of said commissioners shall be elected from the towns out- 
side of said city by the legal voters of said towns. 

"Section 59^. Every legal voter in said county may vote for and 
designate (upon his ballot cast for county commissioners) one of 
the candidates for commissioner to be president of the county 
board, and the person who shall receive the highest number of such 
votes shall be declared elected president of said board. 

"Section 60. The terms of office of said commissioners shall 
begin on the first Monday of December after their election, and 
they shall hold their office respectively until their successors are 
elected and qualified. Each of the commissioners shall have been 
a resident of said county for five years next preceding his election." 

Approved June 10, 1887. 



150 



COUNTIES. 



COOK COUNTY COMMISSIONERS. 



§ 1. Ameiids peetioii Gl and ()2 of the act of 
1874. Section 61. Commissioners 
shall take the constitutional oath. 
Duties defined : 

1. Meetings; President. 

2. President may not vote as commis- 
sioner, 

3. Appropriations ; resolution or motion 
making appropriations must be made 
in writing: veto power of the presi- 
dent ; passage over veto ; shall take 
effect if not approved or vetoed in six 
days. 

4. Powers and restrictions of the board. 

5. Power of committees; appropriations 
• of over if500 shall be by % vote. 



6. Annual appropriation bill: publica- 
tion: special appropriations prohib- 
ited, except in certain cases; fixed 
charges against county. 

7. Committees on Finance and Public 
Service, and Superintendent of Pub- 
lic Service, who shall purchase all 
supplies. 

8. Contracts for materials, supplies and 
work. 

9. Appointment of officers and employes 
and their compensation. 

Section 62. County clerk shall be clerk 
of the board: ex-officio comptroller 
of financial affairs; duties as comp- 
troller defined; report; fiscal year. 



An Act to amend sections sixty-one (61) and sixlij-two (32) of an act 
entitled "An act to revise the law in relation to counties,'" approved 
March 31, 1874, as amended by the act of May 20, 1879, relative to 
Cook county. 

Sec HON 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections sixty-one (61) and 
sixty-two (62) of an act entitled "An act to revise the law in relation 
to counties," approved and in force March 31, 1874, as subsequently 
amended by the act of May 20, 1879, be and the same are each 
hereby so amended as to read, respectively, as follows : 

"Section cl. The said commissioners shall, severally, before they 
enter upon the discharge of their duties, take the oath of office pre- 
scribed by the constitution, and they shall be known as the Board 
of Commissioners of Cook County, and as such board shall possess 
the powers, perform the duties and be subject to the rules, regula- 
tions and restrictions hereinafter specified, that is to say: 

First — Said board of commissioners shall hold regular meetings 
on the first Monday of December, January, February, March, June 
and September in each year, and (unless the election or designation 
of a president shall be otherwise provided for by law) said commis- 
sioners shall, at their first meeting in December, organize said board 
of commissioners by the election of one of their number as president, 
who shall hold his office until the day next preceding the first Mon- 
day in December next after his election. It shall be the duty of 
the president of the board of commissioners to call special meetings 
of the board whenever in his opinion the same may be necessary; 
and he shall preside at all of the meetings of said board, and gener- 
ally perform the duties usually performed by a presiding officer: 
Provided, that in the absence of the president, or of his inability to 
act, a president pro tempore may be elected, who shall during such 
absence or inability possess all the powers and xjerform all the duties 
by law vested in and required of the president. 

Second — The president of the board of commissioners shall have 
the same privilege of voting as any other commissioner; but he shall 
not have a casting vote upon any question upon which lie h:^^ voted 
as commissioner. 



COUNTIES. ■ 151 



TJdrd — All resolutions or motions whereby any money shall be 
appropriated, or by virtue of which any contract shall be made, or 
any act done which may, directly or indirectly, or in any manner 
whatever, create any pecuniary liability on the part of said county, 
shall be submitted to said board of commissioners in writing, or 
reduced to writing, before any vote shall be taken thereon ; and if 
adopted by the board the same shall not take effect until after the 
same shall have been approved in writing by the president of said 
board, except as hereinafter provided. It shall be the duty of the 
clerk of said board to deliver to the piesident thereof, upon his 
request, the original (or a copy) of each resolution or motion so 
passed or adopted by said board as aforesaid, within one day after 
its passage or adoption; and in case the president approves thereof 
he shall sign the same and it shall thereupon be in full force and 
effect. In case the president shall not approve any such resolution 
or motion, he shall, within five days after the receipt of the same, 
as aforesaid, return it to the clerk of said board, with his objections 
thereto in writing. Such veto by the president may extend to any 
one or more items or appropriations contained in any resolution 
making an appropriation, or to the entire resolution ; and in case 
the veto only extends to a part of such resolution making an appro- 
priation, the residue thereof, not embraced within the veto, shall 
take effect and be in force from the time of the receipt by said 
clerk of such veto of such part. Upon the return of any such reso- 
lution or motion by the president, with his objections thereto, as 
aforesaid, the vote by which the same was passed shall be recon- 
sidered by the board of commissioners as to so much thereof as may 
have been vetoed ; and if, after such reconsideration, four-fifths of 
all the members elected to the board shall agree to pass the same 
by yeas and nays, to be entered on the journal, the same shall take 
effect, notwithstanding the president may have refused to approve 
thereof. In case the president shall fail or omit to either sign and 
approve, or return with his objections as aforesaid, any such motion 
or resolution, which shall have been passed or adopted by the board 
within six days after it shall have been so passed or adopted, the 
same shall take effect without the approval of the^ president. 

Fourth — Said board of commissioners shall have the management 
of the affairs of said Cook county in the manner provided by law, and 
may exercise the same powers, perform the same duties, and shall 
be subject to the same rules, regulations and penalties prescribed 
by law for the board of supervisors in other counties, except as 
herein otherwise provided ; and shall also be subject to the rules, 
regulations and restrictions herein provided. 

Fifth — The said board of commissioners shall have no power or 
authority to delegate to any committee or other person or persons 
the "power to act" when such "power to act" shall involve the 
letting of any contract or the expenditure of public money exceed- 
ing the sum of five hundred dollars ($500), and any action of said 
board, or of any committee thereof, or of any other person or per- 
sons in violation of this section, shall be null and void. No money 
shall be appropriated, or ordered paid by said county commission- 



152 > COUNTIES. 



ers, beyond the sum of five hundred dollars ($500), unless such ap- 
propriation shall have been authorized by a vote of at least two- 
thirds of the members elected to the said county board. 

Sixth — Said board of commissioners shall, "within the first quarter 
of each fiscal year, adopt a resolution, to be termed the annual ap- 
propriation bill, in and by which resolution said board shall appro- 
priate such sums of money as may be necessary to defray all neces- 
sary expenses and liabilities of said Cook county, to be by said 
county paid or incurred during and until the time of the adoption 
of the next annual appropriation bill under this section : Provided, 
that said board shall not expend any money or incur any indebted- 
ness or liability on behalf of said county in excess of the percent- 
age and several amounts now limited by law, and based on the 
limit prescribed in the constitution, when applied to the last previous 
assessment. Said appropriation bill shall specify the several ob- 
jects and purposes for which such appropriations are made, and the 
amount appropriated for each object or purpose. The vote of said 
board of commissioners upon said appropriation bill shall be taken 
by yeas and nays, and the same shall be entered upon the journal. 
Said appropriation bill shall not take effect until after it shall have 
been once published in a newspaper published in Chicago, and said 
board shall provide for and cause said appropriation bill to be so pub- 
lished as aforesaid. After the adoption of such appropriation bill 
or resolution, said board of commissioners shall not make any 
further or other appropriation prior to the adoption or passage of 
the next succeeding annual appropriation bill ; and the said board 
of commissioners shall have no power, either directly or indirectly, 
to make any contract or do any act which shall add to the county 
expenditures or liabilities in any year, any thing or sum over and 
above the amount provided for in the annual appropriation bill for 
that fiscal year. No contract shall hereafter be made, or expense or 
liability incurred by the said board of commissioners, or any mem- 
ber or committee thereof, or by any person or persons for or on its 
behalf, notwithstan fling the expenditure may have been ordered by 
said board of commissioners, unless an appropriation therefor shall 
have been previously made by said board in manner aforesaid : 
Provided, however, that nothing herein contained shall prevent the 
board of commissioners, by a concurring vote of four-fifths of all the 
commissioners (said vote to be taken by yeas and nays and entered 
upon the journal) from making any expenditures or incurring any 
liability rendered necessary by any unforeseen casualty by fire, flood 
or otherwise, happening after the annual appropriation bill shall 
have been passed or adopted. Nor shall anything herein contained 
be construed to deprive the board of power to provide for and cause 
to be paid from the county funds, any charge upon said county im- 
posed by law, without the action of the board of commissioners, in- 
cluding fixed salaries of ofiicers required by law to be paid from the 
county treasury, and to pay jurors' fees and other charges fixed by 
law. 

Seventh — The board of commissioners shall establish and provide 
for the appointment of a committee on finance and a committee on 
public service. There shall be a superintendent of public service to 



COUNTIES. 153 



be appointed by the president, by and with the advice and consent 
of the board of commissioners, who shall hold his office for one year 
and until his successor is appointed ; he may be suspended or re- 
moved by the president; he shall give a sufficient bond for the 
faithful performance of his duties, and be subject to the oversight 
and supervision of the committee on public service ; he shall employ 
such assistants as may be authorized by the board of commission- 
ers, and they shall be subject to suspension or removal by the pres- 
ident. It shall be the duty of the superintendent, under authority 
of the board of commissioners, to purchase, receive and distribute' 
all supplies necessary for the use and service of Cook county and 
its various institutions, of whatever nature, except those which are 
by law otherwise expressly provided for ; and to keep accurate ac- 
counts of and vouchers for the same, which shall be open to the 
inspection of the president and the committee on public service, and 
to the public ; he shall also perform all other duties relative to the 
public service which may be assigned to him by the board of com- 
missioners, who shall make and maintain regulations for the con- 
duct and government of the department of public service, not incon- 
sistent with this act. 

Eighth — All contracts for supplies, material and work for the 
county of Cook shall be let to the lowest responsible bidder, after 
due advertisement; but if, in case of any emergency, it is necessary 
to purchase supplies not exceeding in amount ^500, such purchase 
may be made by the superintendent in the open market, on author- 
ity given to him by the board of commissioners or the committee 
on public service. All contracts for supplies, material or work for 
Cook county, shall be approved by the board of commissioners and 
signed by the president of the board, the superintendent of public 
service and the comptroller. Supplies shall be issued only on the 
requisitions of the responsible officers of the county institutions, now 
or hereafter established by law, approved by the committee of public 
service. 

Ninth — -All regular and permanent officers and employes of the 
county of Cook, except those whose election or appointment is other- 
wise provided for by law, shall be appointed at the December meet- 
ing of each year, or subsequently, if necessary, and their term shall 
not exceed one year, ending on December 31st, and until their suc- 
cessors are appointed and qualified, and they may be removed by 
the board at any time. Vacancies may be filled in like manner. 
Their salaries or rate of compensation shall be fixed by the board 
of commissioners prior to their appointment, and shall not be 
changed during their term of office ; the board cf commissioners 
shall also determine whether any and what amount of bond they 
shall give. 

"Section 62. The county clerk of Cook county shall be clerk of 
the board of county commissioners ; avjd all laws applicable to the 
county clerks of other counties under township orgnnization, shall 
be applicable to him. He shall, also, ex-offi,cio, be the comptroller 
of the county financial affairs, and as such shall have charge of all 
deeds, mortgages, contracts, judgments, notes, bonrls, debts and 
choses in action belonging to the said county, except such as are 



154 • COUNTIES. 



directed by law to be deposited elsewhere, and shall carefully pre- 
serve the same ; he shall, subject to the approval of the board of 
commissioners, revise, audit and settle all accounts in which the 
county is concerned, either as debtor or creditor, or where provision 
for the settlement thereof is not otherwise provided for by law, and 
the settlement of which is not especially committed to some other 
authority : Provided, that no payment of any account so settled or 
adjusted shall be made except by the order of the county board, 
after approval by the finance committee. He shall have the power, 
in making such settlements and adjustments, and for the purpose 
of ascertaining the true state of any balance or balances so due, to 
require any claimant or claimants to deposit and file with him, as 
such comptroller, a statement in writing, under oath, as to any 
fact, matter or thing concerning the correctness of any account, 
claim or demand presented. He shall open and keep, in a clear, 
methodical manner, a complete set of books, under the direction of 
the president of the board and the finance committee thereof, 
wherein shall be stated, among other things, the appropriations for 
the fiscal year for each distinct object and branch of expenditure, 
and also the estimated receipts from each and every source of 
revenue, so far as he can ascertain tijie same. Said books, and all 
papers, vouchers, contracts, bonds, receipts and other things kept 
in said office, shall be subject to the examination of the president 
of the board and of the finance committee. It shall be his duty, 
at the close of each fiscal year, to place to the credit of a general 
fund all unexpended appropriations for such year, but which shall 
not include the amount required to liquidate contracts or liabilities 
entered into by virtue or authority of such appropriation, and which 
remain unpaid at the close of the fiscal year: Provided, that no 
such disposition shall be made of any trust fund or funds that by 
law are specific and under the direct control of officers specially 
appointed for their disbursement. He shall make out an annual 
statement for publication, on or before the first day of February in 
each year, giving a full and detailed statement of all the receipts 
and expenditures during the fiscal year. Such statements shall also 
detail all the liabilities and resources of said county, the condition 
of all unexpended appropriations and contracts unfulfilled, and the 
balance of money then remaining in the treasury, with all sums 
due and outstanding, and the amounts unaccounted for, and all 
other things necessary to exhibit the true financial condition of the 
county, which statement, when examined and approved by the 
finance committed, shall be published by him as aforesaid. He 
shall, also, on or before the first Monday of February, in each 
year, before the annual appropriations are made by the county 
board, submit to the board a report of the estimates necessary, as 
nearly as may be, to defray the expenses of the county government 
during the current fiscal year ; he shall in said report classify the 
different objects and branches of said county expenditure, giving, as 
nearly as possible, the amount required for each class, and for this 
purpose it shall be the duty of all county officers and heads of 
departments to make and furnish the comptroller, on bis request, 
statements of the condition and expenditure of their respective de- 
partments and offices, with any desired alterations or improvements 



COUNTIES. 155 



and the probable expense thereof. It shall be the duty of any com- 
mittee of the board charged with the expenditure of money for 
buildings or improvements to make and furnish him a similar state- 
ment, and of all contracts already made and unfinished, and the 
amount of any unexpended appropriations of the preceding year. 
The comptroller shall, in such report, also show the aggregate 
income of the preceding fiscal year from all sources ; the amount of 
liabilities outstanding upon which interest is to be paid, and of 
bonds and county debts payable during the fiscal year, and when 
and where payable. He shall also make and publish monthly state- 
ments, giving full and detailed accounts of all moneys received and 
expended for the public service of the county. He shall sign all 
warrants drawn upon the treasurer, which shall be countersigned by 
the president of the board, and the same shall state therein the 
particular fund or appropriation to which the same is chargeable. 
No money shall be paid out of the county treasury except upon 
such warrants so drawn; nor shall any warrant be issued except 
against an appropriation theretofore made by the county board in 
accordance Avith section 61 of this act. The president of the board 
of commissioners, the county clerk, as comptroller, the treasurer 
and the finance committee shall meet in the month of January to 
compare and revise all statements made by the comptroller, treas- 
urer and the other accounting officers and committees, and the 
comptroller shall embody the result of such action in his. report to 
the board of commissioners. The fiscal year of said county of 
Cook shall commence on the first day of January and end on the 
thirty first day of December of each year, so long as the law 
requires the board of commissioners to be elected in the month of 
November: Provided, Jtoivever. that if at the time this amendatory 
act takes effect there is in force, or may thereafter be in force, a 
law requiring or authorizing said commissioners to be elected in 
the month of April instead of November, then and in that case the 
fiscal year of said county shall begin on the first day of June in 
each year and end on the thirty-first day of May next thereafter; 
and also, in that event the regular meetings of said board of com- 
missioners shall be held on the first Mondays of May, June, July, 
August, September and February instead of the months specified 
for such meetings in the preceding section 61 ; and corresponding 
changes shall be made in the other dates or months specified in 
said section 61, as well as in the provisions of this section preced- 
ing this proviso, thus : January shall be changed to June, Febru- 
ary to July, and December to May; and all acts or things so 
required to be done or performed, or begin or terminate, in said 
months of January, February and December, respectively, shall be 
done and performed, or begin or terminate, in the months of June, 
July and May, respectively." 

Approved June 14, 1887. 



156 APPELLATE COURTS. 



APPROVAL OF OFFICIAL BONDS. 

§ 1. County boards in counties under township organization may appoint committees to 

act for the board. 

An Act to autliorize hoards of supervisors in counties under town- 
ship organization to appoint a committee to approve official bonds. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cases where official 
bonds are required by law to be approved by the board of super- 
visors in counties under township organization, such board may 
select a committee for that purpose, which committee shall have 
full power and authority to act, and its acts have the same force 
and effect as if done by the board in session. 

Approved June 17, 1887. 



APPELLATE COUETS. 



JORISDICTION. 

§ 1. Amends section 8 by adding the last proviso. 

An Act to amend section eight (8) of an act entitled "An act to 
establish Appellate courts," apjjroved June 2, 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 eight (8) of an 
act entitled "An act to establish Appellate courts," approved June 
2, 1877, in force July 1, 1877, be and the same is hereby amended 
so as to read as follows : 

"Section 8. The said Appellate courts created by this act shall 
exercise appellate jurisdiction only, and have jurisdiction of all 
matters of appeal or writs of error from the final judgments, orders 
or decrees of any of the circuit courts, or the Superior Court of 
Cook county, or county courts, or from the city courts in any suit 
or proceeding at law, or in chancery other than criminal cases, not 
misdemeanors, and cases involving a franchise or freehold or the 
validity of a statute. Appeals and writs of error shall lie from the 
final orders, judgments or decrees of the circuit and city courts, 
and from the Superior Court of Cook county, directly to the Supreme 
Court, in all criminal cases and in cases involving a franchise or 
freehold or the validity of a statute. In all cases determined in 
said Appellate courts, in actions ex-contractu wherein the amount 
involved is less than one thousand dollars ($1,000), exclusive of 
costs, and in all cases sounding in damages, wherein the judgment 



CIECUIT OOLRTS. 



157 



of the court below is less than one thousand dollars ($1,C00), exclu- 
sive of costs, and the judgment is affirmed or otherwise finally dis- 
posed of in the Appellate Court, the judgment, order or decree of 
the Appellate Court shall be final, and no appeal shall lie or writ 
of error be prosecuted therefrom : Provided, the term ex-contractu 
as used in this section shall not be construed to include actions 
involving a penalty. In allother cases appeals shall lie and writs of 
error may be prosecuted from the final judgments, orders or decrees 
of the Appellate courts to the Supreme Court : Provided, also, that 
in any case a majority of the judges of the Appellate Court shall 
be of opinion that a case decided by them involviug a less sum 
than one thousand dollars ($1,000), exclusive of costs, also involves 
questions of law of such importance, either on account of principal 
or collateral interests, as that it should be passed upon by the 
Supreme Court, they may in such cases grant appeals and writs of 
error to the Supreme Court on petition of parties to the cause, in 
which case the said Appellate Court shall certify to the Supreme 
Court the grounds of granting said appeal: And provided, farther, 
that in all actions where there was no trial on an issue of fact in 
the lower court, appeals and writs of error shall lie from the Appel- 
late courts to the Supreme Court where the amount claimed in the 
pleadings exceeds one thousand dollars ($1,000)." 

Approved June 6, 1887. 



CIRCUIT COURTS. 



JUDGES COOK COUNIY. 



§ 1. Provides for the election of six addi- 
tional judges of the circuit court of 
Cook county. 



2. Fixes time of election and term of of- 

fice, after first election under this act. 

3. Emergency. 



An Act to provide for an increase of the number of judges of the 
Circuit Court of Cook county. 

Whereas, it appears by a canvass of this State, commonly known 
as the school census, taken in the year 1886, pursuant to law, that 
the number of inhabitants of the said county of Cook was over 
nine hundred and sixteen thousand (916,000), and that thereby said 
county is entitled by section 23, article 6, of the constitution of 
this State to six additional judges ; therefore 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an election be held by 
the qualified electors of said county of Cook on the first Mon- 
day of June, next after this act shall take effect, for six additional 
judges of the circuit court, whose term of office shall expire upon 
the first Monday in June, 1891, upon the election and qualification 
of their successors in office. 



158 • CIKCUiT COURTS. 



§ 2. Upon said first Monday of June, 1891, and every six years 
thereafter, there shall be elected at the same time and in the same 
manner as the other judges of said circuit court, six judges succes- 
sors in ofdce of the judges by this act authorized to be elected. 

§ 3. All acts in conflict herewith are hereby repealed ; and whereas 
the docket of said court being much overcrowded, an emergency 
exists. This act shall go into effect upon its passage. 

Approved May 4, 1887. 



JUDGES MAY HEAR AND DECIDE CASES BY AGREEMENT BETWEEN PARTIES. 

§ 1. Controversies between parties by I §2. Judge shallliear without delay; appeals 
agreement ; terms of agreement. | not allowed. 

An Act to enable parties to avoid delay in the administration of 

justice. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That any two or more persons or 
corporations may appear in person or by attorney in any circuit court 
(or in the Superior Court of Cook County) and submit to any judge 
thereof, orally, and without formal pleadings, any matter in contro- 
versy, having first entered into a written agreement (to be entered 
of record) and substantially in the following form, to-wit : 

"In the circuit [court] of county. 

First — We (here insert names) do hereby mutually agree to sub- 
mit to Judge (here insert name), of said court, certain matters in 
controversy between us for his determination, without a jury, he to 
hear the same forthwith and to enter the judgment or decree of 
the court therein wit bin (here insert number of days or "forthwith") 
days after such hearing is concluded. 

Second — That said judgment or decree shall contain a statement 
as to what matters in controversy were so submitted, and such 
statement thereof shall be conclusive. 

Third — That no record except of this agreement and of such 
judgment or decree shall be made as to the matters in controversy 
so submitted, or as to the proceedings had on the hearing thereof. 

Fourth — That such judgment or decree may be enforced in like 
manner as other judgments and decrees of such court. 

Fifth — That we each to the other hereby waive all right of appeal 
from such judgment or decree and release all errors that may in- 
tervene in the hearing of the matter so submitted, and in the en- 
tering up of the judgment or decree therein, and agree that this 
release of errors may be plead in bar of any writ of error that may 
be sued out as to such judgment or decree. 



CIECUIT COURTS. 



159 



Witness oar hands and seals, this day of , A. D . . . . 

[seal., 

[i-EAL.] 

Such agreement shall be signed by the parties in person or by 
duly authorized attorney in fact, and when so executed sbaU be of 
binding force upon the parties thereto in all the courts of this 
State. 

§ 2. 'It shall be the duty of such judge to proceed and in a sum- 
mary manner to hear and determine the matters so submitted, and 
he shall enter a judgment or decree therein, within the time fixed 
in said agreement, which said judgment or decree shall be final 
and conclusive, and may be enforced in like manner as other judg- 
ments or decrees of such court, but no appeal shall be allowed 
therefrom. 

Approyed June 17, 1887. 



SHORT-HAND REPORTERS. 

§ 1. Judges may appoint reporters. § 3. Oath of ofifice. 

§ 2. Duties of reporters; compensation; 
transcript charged as costs. 

An Act to authorize the judqes of the circuit courts to appoint short- 
hand reporters for the taking and preservation of evidence and to 
provide for their compensation. 

Section 1- Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the several judges of the 
circuit courts in this State be and they are hereby authorized to 
appoint a short-hand reporter for their respective courts, whose 
duty shall be as hereinafter specified. The reporter so appointed 
shall hold his position during the pleasure of the judges appointing 
him; not, however, to extend beyond the time the judges making 
such appointment shall be elected for : Provided, hoivever, that in 
case of the absence or disability of the reporter so appointed, the 
presiding judge may appoint any other reporter to act in his place 
during such absence or disability. 

§ 2, The said reporter shall cause full phonographic notes of the 
evidence in all trials in the court for which he is so appointed to 
be taken down, and one transcript of the same, if desired by either 
party to the suit or by their attorney or by the judge of the court, 
to be forthwith correctly made and furnished to the party so desir- 
ing it. The compensation of the reporter for taking such phono- 
graphic notes shall be iixed by the judges appointing him at any 
sum not exceeding five dollars per day. The presiding judge of the 
court shall furnish to said reporter at the close of each term of 
court a certificate showing the amount per diem due him, and upon 
presentation to the county treasurer of such county he shall pay 
the same out of any funds of such county in his hands. Said 



160 ' CIRCUIT COURTS. 



reporters shall be allowed to charge not to exceed fifteen cents per 
one hundred words for making transcripts of said short-hand notes, 
to be paid in the first instance by the party on whose behalf such 
transcript is ordered, and allowed and taxed as costs in the suit, 
and the transcript when so paid for by the party ordering it and 
the charges for the same is taxed as costs, the same shall be filed 
and remain with the papers in the case : Provided, however, that 
when the judge trying the cause shall, of his own motion, order a 
transcript of Sciid short-hand notes as hereinbefore provided, he may 
direct the payment of the charges therefor and the taxation of the 
same as costs in such manner as to him may seem just : Provided, 
always, that the charges for making but one transcript may be 
taxed as costs ; the party first ordering the transcript shall have the 
preference, unless it shall be otherwise ordered by the court. 

§ 3. Said reporter shall, before entering upon the duties of his 
ofiice. take and subscribe the official oath to faithfully discharge the 
duties of his office to the best of his knowledge and ability. 

Approved May 31, 1887. 



TERMS FII'ED — FIFTH CIRCUIT. 

§ 1. Amends section 6 of the act of 1879, fixing the terms of coui't in tlie fifth circuit. 

An Act to amend section six (6) of an act entitled "An act con- 
cerning 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, as amended by act approved June 30, 1885, 
in force July 1, 1885. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That section six (6) 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, as amended by act approved June 30, 
18 5, in force July 1, 1885, be and the same is amended so as to 
read as follows : 

"Section 6. la 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 term in Mont- 
gomery county and May term in Sangamon county shall have no 
jury summoned, unless the same is done on the written order of 
the judge. In the county of Macoupin on the third Monday in 
February and first Monday in June and third Monday in Septem- 
ber. In the county of Christian on the first Monday in March, last 
Monday in June, first Monday in August and third Monday in 



CIRCUIT COUETS. 161 



November: Provided, that the said June term shall be devoted ex- 
clusively to the trial of chancery causes, and the trial or transac- 
tion of any business in criminal and civil cases not requiring a jury, 
and no jury shall be impaneled for said June term. In the county 
of Fayette on the third Tuesday after the first Tuesday in February, 
and the fourth Tuesday after the third Tuesday in August. In the 
county of Shelby on the first Tuesday of April, and on the eighth 
Tuesday after the third Tuesday of August." 

Approved May 7, 1887. 



TERMS FIXED, 6tH CIRCUIT. 

§ ]. Amends section 7, act of 1879, by changing the terms in the 6th circuit. 

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

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section seven of an act 
entitled "An act concerning circuit courts, and to fix the time of 
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, 1S79, in force July 1, 1879, be, and the same is, hereby amended 
so as to read as follows : 

" Section 7. [Sixth Circuit.] In the county of Adams on the 
third Monday in January and fourth Monday of March, and on the 
third Monday of May, and on the third Monday of June and third 
Monday of September, and on the fourth Monday of October. In 
the county of Hancock on the first Mondays of March, June and 
October. In the county of McDonough on the first Tuesday of 
February, the second Tuesday of May and the second Tuesday of 
September : Provided, that the May term shall be devoted exclusively 
to the trial of chancery causes, and to the trial or transaction of 
any business in civil and criminal cases not requiring a jury, and 
no jury shall be impaneled for said May term. In the county of 
Brown on the fourth Tuesday in February and the first Tuesday in 
October. In the county of Fulton on the second Tuesday of March, 
the third Tuesday of August and the first Tuesday of December : 
Provided, that the March term shall be devoted exclusively to the 
trial of chancery causes, and the trial or transaction of any business 
in civil and criminal cases not requiring a jury, and no grand or 
petit jury shall be impaneled for said March term. In the county 
of Pike on the first Tuesday of April and the first Tuesday of 
November. In the county of Schuyler on the fourth Tuesday in 
April and the third Tuesday in October." 

Approved June 3, 1887. 
—11 



162 



COUNTY COURTS. 



COUNTY COUETS. 



PROBATE TERMS FIXED, IN ALL COUNTIES — LAW TERMS IN ALEXANDER, 
BUREAU, HARDIN, VERMILION. 



§ 1. Amends section 6, act 1874, by fixing the 
terms of county courts for all probate 
business on the first Monday of the 
month. 

Amends section 10, by fixing the terms 
in Alexander county. 

Amends section 14, by fixing the terms 
in Bureau county. 



Amends section 43, by fixing the terms 

in Hardin county. 
Amends section 99, by fixing the terms 

in Vermilion county. 
Amends section 109i2 in regard to the 

adjournment of law terms. 



An Act to amend sections six (6), ten (10), and fourteen (14), forty- 
three (43), ninety-nine (99), and one hundred and nine and one-half 
(1091^) 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 srme, and to repeal an act therein named,''' approved 
March 26, 1874, in force July 1, 1874, and as amended May 22, 
1877 and June 18, 1883. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections six (6), ten (10), 
fourteen (14), forty-three (43), ninety-nine (99) and one hundred nine 
and one-half (109|-) of an act entitled "An act to extend the juris- 
diction of county courts and to provide for the practice thereof, to 
fix the time for holding the same and to repeal an act therein 
named," approved March 26, 1874, in force July 1, 1874, and 
as amended May 22, 1877, and June 18, 1883, be, and the same is, 
hereby amended to read as follows, to-wit : 

"Section 6. The terms of county courts for all probate business 
shall commence on the first Monday of each month, and shall be 
always open for the transaction of all probate business, ard for 
hearing applications for the discharge of insolvent debtors from 
arrest or imprisonment, and all matters cognizable at such probate 
terms shall also be cognizable at the law terms of such courts." 

"Section 14. Bureau on the first Mondays of January, June and 
October in each year." 

"Section 10. Alexander on the first Monday of March, July and 
November," 

"Section 43. Hardin on the first Monday of February, June and 
October." 

"Section 99. Vermilion on the first Mondays of January, April 
and September." 

"Section 109|^. The court shall continue open from day to day 
until the business before it is disposed of, but may, when required 
for the proper disposition of business, adjourn its regular law term 
to any day prior to the first day of the next regular law term 
thereof." 

Approved June 15, 1887. 



COUNTY COURTS, 1613 



TERMS — CRAWFORD COUNTY. 

§ 1. Amends section 25, act 1874, by changing the terms in Crawford county. 

An Act to amend section twenty-Jive of an act entitled "Ati act to ex- 
tend the jurisdiction of county courts and provide for the practice 
thereof, to fix the time for holding same, and to rejJeal an act therein 
named," approved March 26, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section twenty-five 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 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 25. Crawford, June and December." 

Approved June 3, 1887. 



TERMS — PIATT COUNTY. 
§ 1. Amends section 82 of the act of 1874, changing the terms in Piatt county. 

An Act to amend section eighty-two (82) 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. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section eighty-two (82) of 
"An act to entend 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 82. Piatt in November, April and July." 

Whereas, an emergency exists, therefore this act shall take effect 
and be in force from and after its passage. 

Approved March 16, 1887. 



134 ' COUNTY COTJR'IS. 



TERMS — SANGAMON. 

§ 1. Changes the time of holding the county I §2. Emergency, 
court in Sangamon county. I 

An Act to amend an act entitled "An act to amend section ninety-one 
and one-half (91^) of an act entitled 'An act to entend the jurisdic- 
tion oj county courts and to provide for the practice thereof, and to 
fix the time for holding the same, and to repeal an act therein- 
named,'' '' approved March 23, 1874; approved April 6, 1875. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly.- That an act entitled "An act 
to amend section ninety-one and one-half (91^) of an act entitled 
'An act to entend the jurisdiction of county courts and to pro"vide 
for the practice thereof, and to fix the time of holding the same, 
and to repeal an act therein named,'" approved March 26, 1874; 
approved April 6, 1875, be and the same is hereby amended so as 
to read as follows : 

"Sangamon, on the third Monday in January, May and Sep- 
tember." 

§ 2. For the reason that a term of said court intervenes between 
this time and the first day of July next, an emergency exists, and 
that this bill shall be in force from and after its passage. 

Approved March 25, 1887. 



TERMS — SCOTT COUNTY. 
§ 1. Amends section 94, act of 1874, by changing the terms in Scott county. 

An Act to amend section 94 of an act entitled "An act to extend the 
jarisdictio)i 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, 
represented in the General Assembly: That section 94 of an act 
entitled "An act to extend the jurisdiction 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 28, 1874, in 
force July 1, 1874, be so amended as to read as follows : 

"Section 94. Scott in January and July." 

■ Approved June 10, 1887. 



COUNTY CCUKTS. ' 165 



TEEMS — WABASH COUNTY. 

§ 1. Amends section 100, act 1874. changing the terms in Wabash county. 

An Act to amend section one hundred {100) of an act entitled "An 
act to extend the jiirisdictioii of county courts, and to prm'ide 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; as amended by an act approved May 22, 1877, in force July 
1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section one hundrtd (100) 
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, as amended by an act 
approved May 22, 1877, in force July 1, 1877, be and the same is 
hereby amended so as to read as follows : 

"Section 100. Wabash, in January and July." 

Approved March 31, 1837. 



TERMS — WILL COUNTY. 

1 1. Amends section 106 of the act of 1874, fixing the terms of court in Will county. 

An Act to amend section 106 of an act entitled "An act to entend the 
jurisdiction of county courts and to jnovide for the practice thereof, 
to fix the time for holding the same, and to repeal an act therein 
named,'' approved March 23, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section one hundred and 
six (106) 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 and the same 
is hereby amended so as to read as follows : 

"Section 106. Will, in March, July and November." 

Approved April 15, 1887, 



166 ' CRIMINAL CODE. 



TERMS — WOODFORD COUNTY. 

§ 1. Changes time of holding in Woodford county. 

An Act to amend section one hundred and nine (109) of an act entitled 
"An act to extend the jurisdiction of county courts and to provide 
Jor the practice thereof, to fix the time for holding the same, and to 
repeal an act therein named,'' approved March 26, 1874, in force 
July 1, 1874. * 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly: That section one hundred and 
nine (109) 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 so amended as 
to read as follows : 

"Section 109. Woodford, October, February and June." 

Approved May 4, 1887. 



CEIMINAL CODE. 



ARREST ON INDICTMENT — BAIL. 

§ 1. Amends sections 1, 3 and 4, Division 12, so as to authorize the officers making an arrest 
upon a capias, may admit the person arrested, if bailable, to bail in vacation. 

An Act to amend sections one (1), three (3) and (4), of division XII 
of an act entitled "An act to revise the law in relation to criminal 
jurisprudence," approved March 27, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the Stute of Illinois, rep- 
resented in the General Assembly: That sections one (1), three (3) 
and (4), of division xii, of an act entitled "An act to revise the law 
in relation to criminal jurisprudence," approved March 27, 1874, in 
force July 1, 1874, be, and the same are, hereby amended so as to 
read as follows : 

"Section 1. When an indictment is found as a true bill, if the 
offense is bailable, the court shall make an order fixing the amount 
of bail to be required of the accused." 

"Section 3. When the offense is bailable the clerk shall endorse 
on the process the amount of bail required by the order of the 
court, and if the court orders the process returnable forthwith, the 
capias shall require the accused to be arrented and brought imm'e- 
diately into court. 



CRIMINAL CODE. 167 



"Section 4. The sheriff, or in case of his absence or inability, 
the coroner or some one of the constables of the county to which 
the capias is directed, shall arrest the person named m the war- 
rant, and, if the offense is bailable and the writ is not returnable 
forthwith, let him to bail if sui3&cient bail is offered, or if the offense 
is not bailable or sufficient bail not offered, take his body to the 
jail of the county where the capias is returnable, and deliver him, 
together with the capias, to the keeper of the jail, there to remain 
until discharged in due course of law. If the process is returnable 
forthwith, the accused shall be immediately brought into court, 
when he shall either be committed, bailed or tried, as the court 
may direct ; but if the court shall not be in session when the offi- 
cer makes the arrest, so that the accused may be let to bail in 
open court, such officer may let him to bail conditional for his ap- 
pearance on the day to which the court stands adjourned, if suffi- 
cient bail is offered. The sheriff or other officer, taking such bail, 
shall be authorized and required to administer oaths for the pur- 
pose of ascertaining the sufficiency of the bail offered." 

Approved June 14, 1897. 



CONSPIRACY. 

§ 1. Amends section 46, act of 1874, by making what is commonly known as the '"boycott" 

conspiracy under the law. 

An Act to amend section 46 of division 1, of "An act to revise the law 
in rehAion to criminal jurisprudence,'' approved March 27, 1874, in 
force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 46 of division 1, 
of "An act to revise the law in relation to criminal jurisprudence," 
approved March 27, 1874, in force July 1, 1874, be and the same 
is hereby amended so as to read as follows : 

"Section 46. [To do illegal act.] If any two or more persons 
conspire or agree together, or the officers or executive committee of 
any society or organization or corporation shall issue or utter any 
circular or edict as the action of or instruction to its members, or 
any other persons, societies, organizations or corporations for the 
purpose of establishing a so-called boycott or black list, or shall post 
or distribute any written or printed notice in any place, with the 
fraudulent or malicious intent wrongfully and wickedly to injure the 
person, character, business or employment or property of another, 
or to obtain money or other property by false pretenses, or to do 
any illegal act injurious to the public trade, health, morals, police, 
or administration of public justice, or to prevent competition in the 
letting of any contract by the State or the authorities of any counties, 
city, town or village, or to induce any person not to enter into such 



168 



CRIMINAL CODE. 



competition, or to commit any felony, they shall be deemed guilty 
of a conspiracy; and every such offender, whether as individuals or 
as the officers of any society or organization, and every person con- 
victed of conspiracy at common law, shall be imprisoned in the 
penitentiary not exceeding five years, or fined not exceeding $2,0C0, 
or both." 

Approved June 16, 1887. 



CONSPIEACY. 



§ 1. Liability of all parties to a conspiracy. 

§ 2. Public speaking, writing or publishing 
in aiding and abetting or inciting to 
revolution, riot, violence or resist- 
ance to law, shall be deemed con- 
spiracy. 



§ 3. All parties connected with a conspi- 
racy guilty of the crime committed 
by either or any of them. 

§ 4. Proof of conspiracy. 

§ 5. Construction of tliis act. 



An Act entitled "An act to farther define conspiracy and to punish the 
same, and crimes committed in pursuance thereof, and relating to the 
rule of evidence therein.'' 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That if two or more persons 
shall conspire to do an unlawful act, dangerous in its character to 
human life or to person or property, or if its accomplishment will 
necessarily or probably require the use of force and violence, which 
may result in the taking of human life or injury to person or 
property, every party to such conspiracy shall be held criminally 
liable for whatever offense any one or more of his co-conspirators 
shall commit in furtherance of the common design. 

§ 2. If any person shall, by speaking to any public or private 
assemblage of people, or in any public place, or shall by writing, 
priDting or publishing, or by causing to be written, printed, pub- 
lished or circulated, any written or printed matter, advise, encourage, 
aid, abet, or incite a local revolution, or the overthrowing or des- 
truction of the existing order of society by force or violence, or the 
resistance to and destruction of the lawful power and authority of 
the legal authorities of this State or of any of the towns, cities or 
counties of this State, or resistance to the same, by force and vio- 
lence, or by any of the means aforesaid shall advise, abet, encour- 
age or incite the disturbance of the public peace, and by such 
disturbance attempt at revolution or destruction of public order or 
resistance to such authorities shall thereafter ensue, and human life 
is taken or any person is injured, or property is destroyed by any 
person or by any of the means employed to carry into effect the 
purpose so advised, encouraged, aided, abetted or incited as afore- 
said ; every person so aiding, advising, encouraging, abetting or 
inciting the same shall be deemed as having conspired with the 
person or persons who actually commit the crime, and shall be 



CEIMINAL CODE. 169 



deemed a principal in the perpetration of the same and be punished 
;accordingly, and it shall not be necessary for the prosecution to 
show that the speaking was heard or the written or printed matter 
aforesaid was read or communicated to the person or persons actually 
committing the crime, if such speaking, writing, printing or pub- 
lishing is shown to have been done in a public manner within this 
State. 

§ 3. If two or more persons conspire to overthrow the existing 
■order of society by force or violence, or to bring about a local revo- 
lution by force, or to destroy or resist and overcome the legal 
authorities of the State or of any county, city or town thereof, and 
a human being is killed, or person injured, or property destroyed, 
by any of the persons engaged in such conspiracy, or by any one 
who may participate with them in the unlawful design and pur- 
pose, in furtherance of the object of such conspiracy, then all per- 
sons who may have conspired together as aforesaid, together with 
all persons who may actively participate in carrying into effect 
their common design, shall be deemed guilty of the crime committed 
by any one or more of such persons so conspiring or acting with 
such conspirators in the common design, and shall be punished 
accordingly; notwithstanding the time and place for the bringing 
about such revolution or overthrowing of public order, or the 
destruction or overcoming of such authorities had not been definitely 
agreed upon by such conspirators, but was left to the exigencies of 
the time, or the judgment of co-conspirators or some one or more 
of them. 

§ 4. Hereafter it shall not be necessary in order to establish a 
conspiracy, as aforesaid, to prove that the parties charged ever 
■came together and entered into any agreement, combination or 
arrangement to accomplish a criminal or unlawful purpose, but it 
shall be sufficient if it appears that the parties charged were 
actually pursuing, in concert, the unlawful purpose, whether acting 
separately or together, at the same or different times, by the same 
■or different means, providing that the acts of each were knowingly 
tending to the same unlawful result. 

§ 5. Nothing in this act contained shall be construed as repeal- 
ing by implication or otherwise any law now in force in this State. 

Approved June 16, 1887. 



170 



CRIMINAL CODE. 



PROSTITUTION OF FEMALES. 



§ 3. 



Inducing females to enter houses of 
prostitution. 

Unlawfully detaining for prostitution. 

Keepers of houses of prostitution pro- 
hibited from permitting females 
under 18 from remaining. 



4. Enticing or inducing to- come to thiS' 

State for purposes of prostitution. 

5. This act shall not interfere with any- 

other act. 



An Act to prevent the prostitution of females. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: Whoever within this State shall!, 
by, or under any false pretense, entice, induce or procure any 
unmarried female of a chaste life, and conversation, residing or 
being in this State, to enter a house of prostitution or any dance 
house, garden or premises where prostitution, fornication or concu-- 
binage is practiced or allowed in this State, or shall entice, induce- 
or procure such unmarried female to leave this State and go to any 
other State pr Territory of the United States, or any foreign State 
or Territory, for the purpose of prostitution or fornication, or to 
enter any house, garden or premises where prostitution or fornicationi 
is practiced or allowed, and whoever aids, assists or abets any per- 
son or persons in committing aforesaid offenses or either of them, 
on conviction, shall be imprisoned in the penitentiary not less than^ 
one nor more than ten years. 

§ 2. Whoever shall unlawfully detain or confine any female, by 
force, false pretense or intimidation, in any room, house, building; 
or premises in this State, against the will of such female, for pur- 
poses of prostitution or with intent to cause such female to become 
a prostitute, and be guilty of fornication or concubinage therein, or 
shall by force, false pretense, confinement or intimidation attempt 
to prevent any female so as aforesaid detained, from leaving such 
room, house, building or premises, and whoever aids, assists or 
abets by force, false pretense, confinement or intimidation, in keep- 
ing, confining or unlawfully detaining any female in any room, 
house, building or premises in this State, against the will of suchi 
female, for the purposes of prostitution, fornication or concubinage, 
shall on conviction, be imprisoned in the penitentiary not less than 
one nor moire than ten years. 

§ 3. Whoever, being the keeper of a house of prostitution, or 
assignation house, building or premises in this State where prosti- 
tution, fornication or concubinage is allowed or practiced, shall 
suffer or permit any unmarried female under the age of eighteen 
years, of chaste life and conversation, to live, board, stop or room 
in such house, building or premises, shall, on conviction, be imprisoned 
in the penitentiary not less than one nor more than five years. 

§ 4. Whoever shall entice, induce or procure to come into this 
State, any unmarried female under the age of eighteen years, for 
the purpose of prostitution, fornication or concubinage, or to enter 
any house of prostitution in this State, shall, on conviction, be- 
imprisoned in the penitentiary not less than one nor more than five- 
years. 



CEIMINAL CODE. 171 



§ 5. The passage of this act shall not affect section one of 
division one of the Criminal Code, entitled "Abduction of Females," 
or any indictment heretofore, or that may hereafter be found under 
said act. 



Appeoved June 17, 1887, 



KAPB. 



§1. Ameuds section 237, act of 1874, by fixing the age of "consent" in females at 14 years; 
and criminal liability in males at 16 years with and 14 years without consent of the 
female. 

An Act to amend section two hundred and thirty-seven of division one 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. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section two hundred and 
thirty- seven of division one of an act entitled "An act to revise the 
law in relation to criminal jurisprudence," approved March 27, 1874, 
in force July 1, 1874, be, and the same is amended so as to read as 
follows : 

"Section 237. Eape is the carnal knowledge of a female, forcibly 
and agg^inst her will. Every male person of the age of sixteen years 
and upwards, who shall have carnal knowledge of any female person 
under the age of fourteen years, either with or without her consent, 
shall be adjudged to be guilty of the crime of rape : Provided, that 
every male person of the age of fourteen years and upwards, who 
shall have carnal knowledge of a female forcibly and against her 
will, shall be guilty of the crime of rape. Every person convicted 
of the crime of rape shall be imprisoned in the penitentiary for a 
term not less than one year, and may extend to life." 

Approved June 9, 1887. 



ELECTIONS. 



§ 1. Amends sections 2. article 8, act of 1885, by authorizing election commissioners to act 
as commissioners ex-officio in any other city, town or village in the same county^ 
adopting the election law of 1885. 

An Act to amend section 2 of article VIII of an act entitled "An act reg- 
ulating the holding of elections and declaring the result thereof, in cities, 
villages and incorporated toicns in this State," approved June 19, 1885, 
in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section 2 of article VIII 
of an act entitled "An act regulating the holding of elections and 



172 ELECTIONS. 



declaring the result thereof, in cities, villages and incorporated towns 
in, this State," approved June 19, 18 -'5, in force July 1, 1885, be 
amended to read as follows : 

"Section 2. Whenever any city, village or incorporated town may 
adopt this act, and which city, village or incorporated town shall 
lie within any county in which another city shall have previously 
thereto adopted this act, then in such case the commissioners of 
elections appointed, or which may be appointed for such last men- 
tioned city, shall also be ex-qfficio commissioners of election for such 
first mentioned city, village or incorporated town, and shall have 
and exercise the same powers as if specially appointed for such city, 
village or town." 

Approved June 17, 1887. 



INMATES op soldiers AND SAILORS HOMES. 

§ 1. Inmates of homes shall vote In the district in which the home is located. 

An Act to enable inmaUs of soldiers' artd sailors' homes within the 
State of Illinois to vote at elections. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That every honorably dis- 
-charged soldier or sailor, who shall have been an inmate of any 
soldiers' and sailors' home within the State of Illinois for ninety 
days or longer, and who shall have been a citizen of the United 
States and resided in this State one year, in the county where any such 
home is located ninety days, and in the election district thirty days 
Jiext preceding any election, shall be entitled to vote in the election 
district in which any such soldiers' and sailors' home, in which he is 
an inmate thereof as aforesaid, is located, for all officers that now 
are or hereafter may be elected by the people, and upon all ques- 
tions that may be submitted to the vote of the people : Provided, 
that he shall declare upon oath, if required so to do by any officer 
-of election in said district, that it was his bona fide intention at the 
time he entered said home to become a resident thereof. 

Approved June 16, 1887. 



ELECTIONS. ' 17S 



QUALIFICATION — OFFENSES AND PENALTIES. 

§ 1. Amends section 70 by making it conform to section 83 as amended by this act. Amends 
section 82 by defining the offenses and penalties for interfering with or bribing voters.. 
Amends section 83 by providing for disfranchisement of voters who accept or solicit 
bribes, and prescribing furtlier penalties ; offering to vote before term of disfran- 
chisement has expired. 

An Act to amend sections seventy (70), eighty-two (82) and eighty-three 
(83) of "An act in regard to elections, and to provide for filling 
vacancies hi elective offices," in force Jidy 1, 1872, the same being 
chapter forty-six (46) of the Revised Statutes of the State of Illinois, 
A. D. 1874. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That sections seventy, eighty- 
two and eighty-three of "An act in regard to elections, and to pro- 
vide for filling vacancies in elective offices," in force July 1, 1872, 
the same being chapter forty-six of the Eevised Statutes of the State 
of Illinois, A. D. 1874, be and the same are hereby amended so as 
to read as follows : 

"Section 70. No person who has been legally convicted of any 
crime, the punishment of which is confinement in the penitentiary, 
or who shall be convicted and sentenced under section eighty-three 
of this act, shall be permitted to vote at any election, unless he 
shall be restored to the right to vote by pardon, or by the expira- 
tion of the term of his disfranchisement under section eighty-three 
of this act. 

"Section 82. Whoever wilfully aids or abets any one not legally 
qualified to vote at an election in voting or attempting to vote at 
such election; or 

Second — Furnishes an elector with a ticket or ballot informing 
him that it contains a name different from that which appears 
thereon, with intent to induce him to vote contrary to his inclina- 
tions ; or 

Third — Changes a ballot of an elector, with intent to deprive such 
elector of voting for such person as he intended ; or 

Fourth— Bj unlawful means prevents or attempts to prevent any 
voter from attending or voting at an election ; or 

Fifth — Gives, or offers to give, any valuable thing or bribe to any 
judge or clerk of an election, as a consideration for some act to be 
done or omitted to be done contrary to his ofiicial duty in relation 
to such election, shall, on conviction thereof, be fined in a sum not 
exceeding |1,000, or imprisoned in the county jail not exceeding one 
year, or both, in the discretion of the court. And any judge or 
clerk who shall receive, request or demand any bribe or reward for- 
bidden by this act, shall upon conviction, be liable to the same 
penalties as are prescribed in this act for the giving or offering to 
give such bribe or reward. 

"Section 63. Any person who shall solicit, request, demand or 
receive, directly or indirectly, any money, intoxicating liquor or 
other thing of value, or the promise thereof, either to influence his 



174 ELECTIONS. 



vote, or to be used, or under the pretense of being used to procure 
the vote of any other person or persons, or to be used at any poll 
or other place prior to or on the day of an election for or 
against any candidate for office, or for or against any measure 
or question to be voted upon at such election, shall be deemed 
guilty of the infamous crime of bribery in elections, and upon 
conviction thereof, in any court of record, shall be sentenced to 
disfranchisement by the judge of such court for a term of not 
less than live nor more than fifteen years, and to the county jail 
not less than three months nor more than one year, and to pay 
the cost of prosecution and stand committed to the county jail 
until such costs shall be fully paid. That for a conviction of a 
second offense under this section, the first being alleged and proven, 
such second offender shall be, by the sentence of the court, forever 
thereafter disfranchised and deprived of the right to vote at an 
election in this State, and be imprisoned in the county jail not 
less than one year, and be comtnitted to jail in default of payment 
of costs of prosecution until such costs are fully paid. Prosecutions 
may be had under this section by indictment in the circuit court, 
or by information in the county courts, and the effect of a sentence 
of disfranchisement in either of said courts, both having jurisdiction 
of offenses hereunder, shall be to deprive such persons sentenced of 
the right to vote at any general or special election, or town meet- 
ing within this State for the period of time fixed by the court where 
such person shall be convicted under this section. Any candidate 
or other person paying, furnishing or promising to pay or furnish 
or bribing such person, with money, intoxicating liquor or other 
thing of value, or the promise thereof, shall not be liable to punish- 
ment therefor, but shall be a competent witness and compelled to 
testify in prosecutions under this section. Solicitation by any per- 
son of a loan of money, or the purchase of anything of value, or 
of liquor by the drink or treat to influence or affect his vote, or any 
other subterfuge, shall be deemed a violation hereof. 

Second — Any person who shall have been legally convicted and 
disfranchised by a court of competent jurisdiction, who shall, before 
the expiration of his term of disfranchisement, vote or offer to vote 
at any general or special election, or town meeting within this State, 
shall, upon indictment and conviction thereof in a court of compe- 
tent jurisdiction, be confined in the penitentiary for a term of years 
not less than one, nor more than ten years." 

§ 2. All acts or parts of acts inconsistent herewith are hereby 
repealed. 

Approved June 17, 1887. 



ELECTIONS. " 175 



TOWN AND SCHOOL OFFICEBS. 



IS 1. Elections for town and school officers in 
cities, towns and villages which have 
adopted the city election law of 1885, 
in those portions of the school dis- 
trict without the city, town or village ; 
how conducted. 



! 2. Elections within such city, town or vil- 
lage ; liow conducted. 
I 3. Penalties for refusing or neglecting to 

act. 
3>2. Repeal. ' 

4. Emergency. 



An Act to regulate the holding of elections and declaring the result 
thereof for toivn, school toumship and school district purposes, where 
such town, school toivnship or school district lies wholly within or 
partly within and i^artly without any city, village or incorporated 
toiva tvhich has adopted or may adopt an act entitled "An act regu- 
lating the holding of elections and declaring the result thereof in cities, 
villages and incorporated towns in this State," approved June 19, 1885, 
in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all elections hereafter 
held for town, school township or school district purposes in any 
town, school township or school district lying wholly within or partly 
within and partly without any city, village or incorporated town 
which has or may adopt an act entitled 'An act regulating the 
holding of elections and declaring the result thereof in cities, vil- 
lages and incorporated towns in this State," approved June 19, 1885, 
in force July 1, 1885, the legal authorities of such town, school 
township or school district shall locate the polling place or places, 
appoint the judges and clerks, and otherwise conduct the election 
in that portion or part of the town, school township or school dis- 
trict that lies without such city, village or incorporated town, in the 
manner now provided by law, except as hereinafter provided, but no 
one residing without such city, village or incorporated town shall 
vote at any polling place within, nor shall any one residing within 
vote at any polling place without, and the votes cast at the polling 
place or places without such city, village or incorporated town, 
shall be canvassed, certified and returned as is now provided by law 
in such cases, and in addition thereto a complete abstract of the 
votes cast shall be made, certified and returned to the election com- 
missioners of such city, village or incorporated town. 

§ 2. In all that part or portion of such town, school township or 
school district that lies within such city, village or incorporated 
town, or where the same lies wholly within any such city, village or 
incorporated town, the election shall be conducted by the election 
commissioners of such city, village or incorporated town in strict 
conformity with the said act approved June 19, 1885, mentioned in 
section one of this act, and when partly within and partly without 
any such city, village or incorporated town the election commission- 
ers shall certify the returns received by them from the polling place 
or places without such city, village or incorporated town, to the 
proper ofiicer or officers; and all the returns so certified and re- 
turned by the election commissioners shall be canvassed, together 
with the returns certified from polling places within, by the same 



176 EVIDENCE AND DEPOSITIONS. 



canvassing board, the results thereof declared, and certificates of 
election shall be issued thereon, the same as if all such votes had 
been cast in, certified and returned from such city, village or incor- 
porated town : Provided, it shall not be necessary under this act 
for the election commissioners to make or cause to be made a re- 
vision of the registry for special elections, or elections to fill a vacancy 
in a single office. 

§ 3. An officer who shall willfully refuse to perform any duty re- 
quired by this act shall be guilty of a misdemeanor, and shall be 
liable to a tine of not less than one hundred dollars nor more than 
five hundred dollars, and on conviction shall be removed from office, 
by the order of court wherein such fine is assessed, and any per- 
son or combination of persons who shall under any pretense what- 
ever attempt to establish a rival polhng place, or otherwise attempt 
to obstruct or interfere with any election held or to be held under 
this act, shall be guilty of a felony, and on conviction shall be im- 
prisoned in the penitentiary not less than one nor more than three 
years. 

§ 3|. All acts or parts of acts in conflict with this act are 
hereby repealed. 

§ 4. Whereas an emergency exists, therefore this act shall be in 
force from and after its passage. 

Approved March 23, 1887. 



EVIDENCE AND DEPOSITIONS. 



COPIES OF ENTRIES. - 

§ 1. Amends section 23, act of 1872, by making it apply to swamp and overflowed lands 

sold by counties. 

An Act to amend section 23 of an act entitled "An act in regard to 
evidence and depositions in civil cases," approved March 29, 1872, 
in force Jidy 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section twenty-three (23) 
of an act entitled "An act in regard to evidence and depositions in 
civil cases," approved March 29, 1872, in force July 1, 1872, be 
and the same is hereby amended so as to read as follows : 

"Section 23. Copies of the books and entries of the sale of all 
lands or lots heretofore or that hereafter may be sold by this State 
or any of the officers thereof under any law of this State, certified 
to be true and correct copies of such books and entries by the 
proper person or officer in whose custody said books and entries 



EVIDENCE AND DEPOSITIONS. 177 



may properly be, shall be prima facie evidence of the facts stated 
in said books and entries The certificate of such officer of the 
purchase of or issuing of a patent for any tract of land sold by 
this State or any agent of the same, shall be deemed and taken 
as evidence of title in the party certified to have made such pur- 
chase or obtained such patent, his heirs or assigns, unless a 
better and paramount title is exhibited for the same. The patent 
for land shall be deemed a better and paramount title in the patentee, 
his heirs and assigns, than such certificate, and when any swamp 
and overflowed lands and lots heretofore have been or hereafter 
may be sold under any law of this . State by any proper person or 
officer of the county in which said lands lie, copies of the books 
and entries of the sales of such swamp and overflowed lands and 
lots certified to be true and correct copies of such books and entries 
by the proper person or officer in whose custody such books and 
entries may properly be, shall be prima facie evidence of the facts 
stated in such books and entries. The certificate of such officer of 
the sale or entry of any tract or tracts of such swamp and over- 
flowed land or lots and of the execution of a deed for the same, 
giving the date of such sale or entry, the date of the execution of 
the deed, the name of the purchaser and description of the land, 
under the seal of his office, may, if the original deed be lost, or it 
be out of the power of the party wishing to use the same to pro- 
duce it in evidence, and such original deed has never been recorded, 
be read in evidence in place of said original deed and shall be 
prima facie exidence of the execution and delivery of a proper deed 
for such land, and shall be deemed and taken as evidence of title 
in the person certified to have made such entry or purchase, his 
heirs and assigns, until a better and paramount title is exhibited 
for the same. And whenever it shall appear that the original deed 
npon any entry or sale of such swamp and overflowed lands is lost, 
or not in the power of the party wishing to use the same to pro- 
duce in evidence, and the same had never been recorded as afore- 
said and that the books and original entries of sale of such swamp 
and overflowed lands or lots have also been lost or destroyed, and 
the clerk of the county court or other proper officer shall have 
made return of such sales and entries to the Auditor of Public 
Accounts according to law, a certified copy of such return by the 
Auditor under his seal of office, may be used in evidence with the 
like force and effect as hereinbefore provided : Provided, that the 
party applying to the Auditor for such certificate shall pay a fee 
of one dollar for each certificate. 



Appeoved June 17, 1887. 



-12 



178 ' EXEMPTIONS. 



BREAKING SEAL. 

S 1. Amends section 32, act of 1872, by authorizing clerks of court to open sealed deposi- 
tions when the endorsements therein are sufficiently clear to designate the contents. 

An Act to amend section thirty-two (32) of an act entitled ''An act in 
regard to evidence and depositions in civil cases,'' approved March 
29, 1872, in force July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section thirty-two (32), of 
an act entitled "An act in regard to evidence and depositions in 
civil cases," approved March 29, 1872, in force July 1, 1872, be, and 
the same is, hereby amended so as to read as follows : 

" Section 32. It shall not be lawful for any party litigant, or the 
clerk of the court into which any deposition may be returned as 
aforesaid, to break the seal of the same, either in term time or in 
vacation, unless by written consent of the parties thereto or their 
attorneys, or by the order of the court duly entered of record. And 
if any such person or clerk shall presume to open any such deposi- 
tion when taken and returned as aforesaid, without such consent or 
order of the court, as aforesaid, he shall be considered guilty of a 
contempt of court, and may be punished accordingly : Provided, 
that it shall not be considered an offense for the clerk to break open 
any such deposition, as aforesaid, when it is doubtful, from the 
indorsements made thereon, whether the same be a deposition or 
not ; but in such case, it shall not be proper for such clerk to permit 
any person to examine any deposition which may be thus opened 
by mistake, until the consent of the parties or their attorneys is first 
had and obtained therefor, as aforesaid, or until the court shall have 
entered the order therefor as aforesaid." 

Approved June 16, 1887. 



EXEMPTIONS. 



homesteads. 

§ 1. Amends section 4, act 1873, by adding tlic proviso. 

An Act to amend section four (4) of an act to amend an act entitled 
"An act to exempt the homestead from forced sale, and to provide 
for setting off the same, and to exempt certain personal property from 
attachment and sale on execution, and from distress for rent,'' 
approved April 30, 1873, in force July 1, 1873. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section four (4) of an act 
entitled an act to amend an act entitled "An act to exempt the home- 
stead from forced sale and to provide for setting off the same, and 



EXEMPTIONS. 179 



to exempt certain personal property from attachment and sale on 
execution, and from distress for rent," approved April 30, 1873, in 
force July 1, 1873, be and hereby is amended so as to read as 
follows : 

"Section 4. No release, waiver or conveyance of the estate so 
exempted, shall be valid, unless the same is in writing, subscribed 
by said householder and his or her wife or husband, if he or she 
have one, and acknowledged in the same manner as conveyances of 
real estate are required to be acknowledged, or possession is 
abandoned or given pursuant to the conveyance ; or, if the exemp- 
tion is continued to a child or children, without the order of a court 
of competent jurisdiction directing a release thereof: Provided, that 
in all cases when such release, waiver or conveyance shall be taken 
by way of mortgage or security, the same shall only be operative 
as to such specific release, waiver or conveyance ; and when the same 
includes different pieces of land, or the homestead is of greater value 
than one thousand dollars, said other lands shall first be sold before 
resorting to the homestead, and in case of the sale of such home- 
stead, if any balance shall remain after the payment of the debt 
and costs, such balance shall, to the extent of one thousand dollars 
($1,000), be exempt, and be applied upon such homestead exemption 
in the manner provided by law." 



Approved June 17, 1887. 



PBESONAL PROPERTY. 

§ 1. Amends section 2, act 1877, by requiring a schedule to be naade in ten days, and requires 
the appraisers to fix a fair cash value on the property. 

An Act to amend section 2 of an act entitled "An act to exempt 
certain personal property from attachment and sale on execution 
and from distress for rent" approved May 24, 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 2 of "An act 
to exempt certain personal property from attachment and sale on 
execution and from distress for rent," approved May 24, 1877, in 
force July 1, 1877, be amended so as to read as follows : 

"Section 2. Whenever any debtor, against whom an execution, 
writ of attachment or distress warrant has been issued, desires to 
avail himself or herself of the benefit of this act, he or she shall, 
within ten days after notice of the execution, attachment or distress 
warrant, make a schedule of all of his or her personal property of 
every kind and character, including money on hand and debts due 
and owing to the debtor, and deliver the same to the officer having 
the execution, writ of attachment or distress warrant, which said 
schedule shall be subscribed and sworn to by the debtor, and any 
property owned by the debtor and not included in said schedule 



180 



EXPLOSIVES. 



sliall not be exempt as aforesaid, and thereupon the officer having 
the execution, writ of attachment or distress warrant, shall summon 
three householders, who, after being duly sworn to fairly and im- 
partially appraise the property of the debtor, shall fix a fair valua- 
tion upon each article contained in said schedule, and the debtor 
shall then select from such schedule the articles he or she may 
desire to retain, the aggregate value of which shall not exceed the 
amount exempted to which he or she may be entitled, and deliver 
the remainder to the officer having the writ, and the officer having 
such writ is hereby authorized to administer the oaths required 
herein of the debtor and appraisers." 

Appkoved June 10, 1887. 



EXPLOSIVES. 



MANUFACTURE, TRANSPORTATION AND SALE. 



§ 1. Prohibits the importfition, manufacture 
or sale in this State for an unlawful 
purpose; penalties. 

§ 2. Aiding or abetting; penalties. 

§ 3. Soliciting or contributing money or 
property for the manufacture, use 
and sale in an unlawful manner ; pen- 
alties. 



§ 4. 



§ 6. 
§ 6. 



§ 7. 



License to manufacture and sell ; man- 
ufacture within one mile of inhabited 
dAvelling prohibited ; penalties. 

Storing witliin certain limits prohibited. 

Record of purchasers to be kept : trans- 
portation companies shall keep re- 
cord of consignors ; packages marked 
"dangerous." 

Frauds and deceptions ; penalties. 



An Act to regulate the manvfacture, transportation, use and sale of 
explosives, and to punish an improper use of the same. 

Section 1. Be in enacted hy the People of the State of Illinois, 
represented in the General Assembly: That any person, firm, com- 
pany or corporation who shall make, manufacture, compound, buy 
or sell, or otherwise procure or dispose of, or bring within the 
limits of this State, any dynamite, or any nitro-chlorate, or other 
explosive compound, with the intent to use the same, or that the 
same may be used for unlawful injury to or the unlawful destruc- 
tion of life or property in any place whatsoever, shall be deemed 
guilty of felony, and, upon conviction thereof, shall be punished 
by imprisonment for a term of not less than five years nor more 
than twenty-five years. 

§ 2. Any person abetting or in any way assisting in making, 
manufacturing, compounding, buying, selling, procuring, disposing 
of, storing, removing or transporting any dynamite, nitro-chlorate, 
or other explosive compound, as above named, either by furnishing 
the materials, ingredients, skill, means or labor, or by acting as 
agent, or in any manner acting as accessory before the fact, know- 
ing or having reason to believe that the same is intended to be 
used by any person or persons in any way for the unlawful injury 



EXPLOSIVES. 181 



to or destruction of life or property, shall be deemed principal, and, 
upon conviction, shall be subject to the same punishment as pro- 
vided in section one of this act. 

§ 3 Any person soliciting or contributing money or other prop- 
erty for the manufacture, sale, transportation or use of said explo- 
sive compounds, knowing or having reason to believe that the same 
is intended to be used for any unlawful destruction of life or prop- 
erty, shall be deemed guilty of a felony, and, upon conviction, shall 
be punished by imprisonment not less than three nor more than 
twenty-five years. 

§ 4. That no person, firm, company or corporation shall make, 
manufacture or compound, within the limits of this State, any 
dynamite, nitro-chlorate, or other explosive compounds, within one 
mile of any inhabited dwelling; and no person, firm, company or 
corporation shall make, manufacture or compound any dynamite, 
nitro-chlorate, or other explosive compound, without a permit for 
such purpose, signed by the county clerk of the county in which 
said manufacturing or compounding is desired to be done, and duly 
attested with the seal of said official ; and the said official issuing 
the said permit shall keep a record of the names and residences of 
persons to whom such writ is issued. The officer authorized by 
this act shall not issue such permit unless the purpose for which 
said explosive or compound is to be manufactured is a lawful one. 
Any person, firm, company or corporation making any such com- 
pound without such permit shall be guilty of a misdemeanor, and, 
upon conviction thereof, shall be subject to a fine or imprisonment, 
or both, in the discretion of the court, such fine to be not less than 
two hundred dollars nor more than one thousand dollars, and for a 
second offense shall be deemed guilty of a felony, and be subject to 
imprisonment in the penitentiary for not less than one year nor 
more than five years, and a fine of not less than five hundred dol- 
lars nor more than two thousand dollars. 

§ 5. That no person, firm, company or corporation shall store or 
keep any dynamite, nitro-chlorate, or other explosive compound, 
within three hundred yards of any inhabited dwelling if the same 
shall be located without any city, nor within the limits of any city, 
except in conformity with the existing ordinances governing the 
storage or keeping of such explosive compound. Any violation of 
the provisions of this section shall be punished by a fine of not less 
than one hundred dollars nor more than five hundred dollars. 

§ 6. It shall be the duty of every person in this State who shall 
sell or otherwise dispose of any such explosive compound, as above 
described, to keep a record of the name and residence of every 
person to whom he disposes of any such explosive compound, and 
the kind and amount thereof, and the date of such transaction, and 
such record shall be preserved for not less than three years. All 
persons, firms, companies or corporations transporting any of the 
above compounds, shall keep a record of the names and residences 
of the person, firm, company or corporation forwarding such explo- 
sive compound, and of the kind and amount forwarded, together 
with the name and address of the person, firm, company or corpo- 
ration to whom the same is forwarded, with the date of its receipt 



182 . FEES AND COSTS. 



and delivery, and no transportation company shall receive any such 
explosive compound for transportation, unless the same is marked 
"explosive," "dangerous," in plainly legible letters on the outside of 
each and every package. Any violation of the provisions of this 
section shall be punished by a fine of not less than one hundred 
dollars, nor more than five hundred dollars. All records, as above 
described, shall, if any provision of this act shall hereafter be vio- 
lated, be open to the inspection of the prosecuting attorney of any 
county where any such violation shall occur, for the purpose of de- 
tecting or convicting the person or persons guilty of such violation : 
Provided, however, that the provisions and restrictions of this law, 
so far as they shall, or may, relate to the manufacture, sale or 
transfer of any of the explosive articles herein enumerated, shall 
not apply to any such articles which shall be consigned to any 
point without the limits of this State, except that all packages shall 
be marked "explosive," "dangerous." 

§ 7. Any person, firm, company or corporation, who by fraud, 
deception or misrepresentation shall procure the transportation of 
any such explosive compound in any public conveyance, shall be 
deemed guilty of felony, and upon conviction shall be punished by 
imprisonment in the penitentiary for the term of not less than one 
year, nor more than five years, and a fine of not less than five 
hundred dollars, nor more than two thousand dollars. 

Appeoved June 16, 1887. 



FEES AND COSTS. 



COPIES OP PAPEES IN APPEAL CASES. 

■ § 1. Copies of papers in making up record in appeal cases to Appellate and Supreme 

Courts. 

An Act conceening fees and costs. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever any party to 
any suit or proceeding in any court of record in this State, desires 
to take an appeal or prosecute a writ of error from any judgment 
or decree of such court, rendered in any such suit or proceeding, to 
the Appellate or Supreme Court, and shall present to the clerk of 
such court, where such judgment or decree was rendered, a fair 
copy of the bill of exceptions or certificate of evidence, or other 
papers not of record in such cause necessary to be transcribed, the 
clerk shall, in making up the transcript of the record for such 



FEES AND SALAEIES. 183 



appeal or writ of error, be allowed three cents for each one hun- 
dred words, for comparing such copies with the originals, or with 
the record thereof, and for correcting any errors in the same : 
Provided, that in no ca-e shall the fee for such services be less 
than one dollar; and he shall insert such copy in the record and 
certify to the same as a part thereof. And in counties of the second 
and third class, the party furnishing such transcript, and who shall 
be successful on such appeal or writ of error, shall recover as costs 
against the unsuccessful party not furnishing such transcript, ten 
cents for each one hundred words thereof, and in counties of the 
first class fifteen cents for each one hundred words thereof, together 
with such other costs as may be allowed by law : Provided, that 
the parties to such appeal or writ of error may, by agreement, have 
the original bill of exceptions or certificate of evidence, instead of a 
copy, incorporated in such transcript of the record, without paying 
or being liable to pay any fees or costs therefor. 

Appkoved June 15, 1887. 



FEES AND SALAEIES. 



CLERKS OF PROBATE COURTS, COUNTIES THIRD CLASS. 

S 1. Amends section 1 of the act of 1879 by fixing the fees of clerks of probate courts in 
counties of the third class, and repeals all acts in conflictiwith this act 

An Act to amend sections one (1) and three (3) of an act entitled "An 
act to provide for fees of clerks of probate courts in counties of the 
third class," approved May 29, 1879, in force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections one (1) and three 
(3) of an act entitled "An act to provide for fees of clerks of pro- 
bate courts in counties of the third class," approved May 29, 1879, 
in force July 1, 1879, be and the same is hereby amended so as to 
read as follows: 

"Section 1, That the clerks of probate courts, in counties of the 
third class, shall be entitled to receive the fees herein specified, for 
the services mentioned, and such other fees as may he provided by 
law for other services not herein designated. 

p fFor taking proof of last will and testament, or codicil when 
proved separately, and endorsing certificate of probate thereon, and 
for entering order admitting to probate last will and testament, or 
codicil, and granting letters testamentary, $7.00. 

For granting letters of administration, guardianship or conserva- 
torship, 15.00, 



184 PEES AND 8ALAEIES. 



For filing for any purpose, 25 cents. 

For taking and approving bond of executor or administrator, 
guardian, conservator, or any other bond required by law to be 
taken, $1.00. 

For certified copy of letters testamentary, of administration, of 
guardianship or conservatorship, f 1.00. 

And in addition thereto 15 cents for each one hundred words 
contained in said will or codicil. 

For issuing warrant to appraisers, $1.00. 

For taking and filing renunciation of executor, or of right to ad- 
minister, 50 cents. 

For filing and docketing each claim against estates, and for en- 
tering order allowing or dismissing same, $1.50. 

For entering order reinstating or refiling and redocketing each 
claim, $1.50. 

For filing and docketing proof of notice for adjustment of claims, 
$1.00. 

For filing and docketing assignment of claims or judgment, $1.00. 

On petition for -appointment of conservator, and petition for sale 
of real estate by executor, administrator, guardian or conservator, 
docketing and filing the same, a docket fee of $6.00. 

For each cause tried by a jury, a jury fee of $3.00 to be prepaid 
by the party calling for the jury; and in case of an application for 
appointment of a conservator, when a conservator is appointed, to 
be taxed against the estate of the person for whom the conservator 
is appointed ; and m case of a claim the costs to be taxed against 
the unsuccessful party and collected as other taxed costs. 

For entering order, docketing, filing and issuing citation, $1.00. 

For issuing and fihng subpoena, 25 cents. 

For issuing dedimus potestatum, $1.00. 

For issuing, docketmg and filing execution, $1.00. 

For proof of heirship, $1.00. 

For writ of attachment for contempt of court, $1.00. 

For every certificate under seal of court issued by clerk except as 
herein otherwise provided, 50 cents. 

For discharge of executors, administrators, guardians or conser- 
vators, or any sureties on their bonds, $2.50. 

For entering any order not herein otherwise provided for, 75 cents. 

For issuing summons and filing same, 75 cents. 

For administering each oath, 15 cents. 

For recording all papers, instruments, documents and writings 
required by law or order of court to be recorded, for each one 
hundred words, 15 cents. 

On application for the grant of letters testamentary, of adminis- 
tration, guardianship or conservatorship, it shall be the duty of the 



FEES AND SALARIES. 185 



applicant to state in his or her petition the value of all the real 
and personal estate of such deceased person, infant, idiot, insane 
person, lunatic, distracted person, drunkard or spendthrilt, as the 
case may be, and on the grant of letters testamentary [of j administra- 
tion, guardianship or conservatorship, there shall be paid to the 
clerk of said probate court from the proper estate, and charged as 
costs, a docket fee as follows : 

When the estate does not exceed $5,000, $5.00. 

When the estate exceeds $5,000 and does not exceed $20,000, 
$10.00. 

When the estate exceeds $20,000 and does not exceed $50,000, 
$20.00. 

When the estate exceeds $50,000 and does not exceed $100,000, 

$50.00. 

When the estate exceeds $100,000 and does not exceed $300,000, 
$100.00. 

When the estate exceeds $300,000 and does not exceed $1,000,000 

$250. 

In all cases when such estate amounts to $1,000,000 and upwards, 
$1,000.00 

In all cases where any deceased person shall leave him or her 
surviving a widow or children resident of tliis State who are en- 
titled out of said estate to a widow's or child's award, and the 
entire estate real and personal of such deceased person shall not 
exceed $2,000, and in case of any minor whose estate real and 
personal does not exceed the sum of $1,000, and whose father is 
dead, and in all cases of any idiot, insane person, lunatic, or a 
distracted person, drunkard or spendthrift, when such person has a 
wife or infant child dependent on such person for support and the 
entire estate of such person shall not exceed the sum of $2,000, the 
probate judge (by order of court) shall remit and release to such 
estate all of the costs herein provided for." 

"Section 3. All acts or parts of acts in conflict with this act 
are hereby repealed." 

Approved June 6, 1887. 



COUNTY OFFICERS AND CLERKS OF COURTS IN COOK COUNTY. 

§ ]. Amends section 31, act of 1874, by increasing salaries from 13,000 to 15,000 per annum. 

An Act to amend section 31 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; title as amended by act 
approved March 28, 1874. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That section 31 of an act en- 
titled "An act concerning fees and salaries, and to classify the 



186 FEES AND SALAEIBS. 



several counties of this State with reference thereto," approved 
March 29, 1872; title as amended by act approved March 28, 1874, 
be and the same hereby is amended so as to read as follows : 

"Section 31. The clerks of all the courts of record, the treasurer, 
sheriff, coroner and recorder of deeds of Cook county, elected after 
the adoption of the present constitution of this State, shall receive 
as their only compensation for their services the following named 
salaries, to be paid out of the fees of their respective offices actually 
collected, to-wit : 

The clerk of the circuit court the sum of five thousand dollars 
per annum. 

The clerk of the superior court the sum of five thousand dollars 
per annum. 

The clerk of the county court the sum of three thousand dollars 
per annum. 

The county clerk the sum of two thousand dollars per annum. 

The clerk of the criminal court the sum of five thousand dollars 
per annum. 

The clerk of the probate court of Cook county the sum of five 
thousand dollars per annum. 

The county treasurer the sum of four thousand dollars per 
annum. 

The sheriff the sum of six thousand dollars per annum. 

The coroner the sum of five thousand dollars per annum. 

The recorder of deeds of Cook county the sum of five thousand 
dollars per annum. 

The clerk of the superior court of Cook county, the clerk of the 
probate court of Cook county, and the county clerk, the clerk of the 
county court, the clerk of the circuit court, the county treasurer, 
the sheriff, coroner and recorder of deeds of Cook county, shall, from 
the time when their salaries or salary begins, as herein pro- 
vided, each of them, in a book provided for the purpose, keep a 
full, true and minute account of all the fees and emoluments of 
his office, designating, in corresponding columns, the amount of all 
the fees and emoluments earned and payments received on account 
thereof, and shall also keep an account of all expenditures 
made by him en account of clerk hire, stationery and other neces- 
sary expenses ; such accounts shall always be open to the inspection 
of the board of commissioners. Every such officer, respectively, 
shall, on the first day of June and the first day of December in 
each year, during the term of his office and while receiving a salary 
as herein provided, make to the chairman of the board of commis- 
sioners a report in writing, under oath, of all the fees and emolu- 
ments of his office, of every name and description whatsoever, and 
of all necessary expenses for clerk hire, stationery and other ex- 
penses for the half year, or fraction thereof, ending at the time of 
said report ; such report shall state fully the manner in which such 
fees and emoluments accrued. It shall be the duty of said board 
of commissioners to audit such accounts as soon as may be, and 



FEES AND SALAEIES. 187 



correct and adjust the same in accordance with the facts. The 
balance found m the hands of any such officer (except the county 
treasurer) over and above the amount due such officer as compen- 
tion for services, stationery, clerk hire and other necessary expenses 
as hereinbefore set forth, shall be paid over by such officer to the 
county treasurer as soon as his account shall have been audited, as 
aforesaid; and in the case of the county treasurer, the balance 
found in his hands shall be accounted for and paid out upon the 
order of the county board. And if, in the county of Cook, upon 
auditing of such accounts,* there shall be found any balance due to 
the county of Cook from the countv treasurer, the county of Cook 
shall account for and pay over to the city of Chicago its just pro- 
portion of the same. Deputy and assistant clerks shall be employed 
under the direction of the board of commissioners for said county, 
and shall be paid a salary, to be fixed by said board : Provided, 
that until the employment of such deputy or assistant clerk shall 
be authorized and his compensation fixed as aforesaid, a reasonable 
allowance may be made for any clerk, deputy or assistant neces- 
sarily employed by such officer." 

Appeoved June 6, 1887. 



WITNESS FEES AND MILEAGE. 

§ 1. Amends section 47, act of 1872, by allowing witnesses in criminal cases, in foreign coun- 
ties, the same mileage as in other cases. 

An Act to amend section 4? 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, and in force July 
1, 1872, amended by act approved March 28, 1874, in force July 1, 
1874. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That section 47 of ' an act en- 
titled "An act concerning fees and salaries and to classify the 
several counties of this State with reference thereto," approved 
March 29, 1872, in force July 1, 1872, title as amended by an act 
approved March 28, 1874, in force July 1, 1874, be and the same 
is hereby amended so as to read as follows: 

"Section 47. Every witness attending in his own county upon 
trials in the courts of record shall be entitled to receive the sum of 
one dollar for each day's attendance and five cents per mile each 
way for necessary travel. For attending in a foreign county, going 
and returning, accounting twenty miles for each day's travel, for 
each day one dollar. Every witness attending for the purpose of 
having his deposition taken, one dollar, and the same mileage as 
provided in this section for witnesses in courts of records : Pro- 
vided, no allowance or charge shall be made for the attendance of 
witnesses aforesaid, unless the witness shall make affidavit of the 



188 FENCES. 



number of days he or she actually attended, and that such attend- 
ance was at the instance of one or both of the parties or his at- 
torney. In criminal cases where a witness shall be required to 
attend from a foreign county or State, he shall be allowed five 
cents per mile each way in full of all compensation, except the per 
diem for actual attendance upon such court, which shall be one 
dollar per day for each day's necessary attendance, to be paid out 
of the county treasury of the county where the crime was com- 
mitted on the certificate of the clerk of the court where the trial is 
being had : Provided, he shall make affidavit of the distance traveled, 
that it was the usually traveled and most direct route, of the num- 
ber of days' actual attendance, and that such attendance was at 
the instance of the State's attorney, or the accused or his attorney, 
to which shall be added the certificate of the judge that the amount 
is reasonable and that he was a material witness in the court." 



Appkoved June 16, 1887. 



FENCES. 



BARB WIRE. 
§ 1. Amends section 2 of the act of 1874 making barb wire a legal fence. 

An Act to amend section 2 of "An act to revise the law in relation 
to fences,'" approved March 21, 1874, in force Jidy 1, 187J. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section two (2) of chapter 
fifty-four (54), be amended so as to read as follows : 

"Section 2. Fences four and one-half feet high, and in good re- 
pair, consisting of rails, timber, boards, stone, hedges, barb wire, 
or whatever the fence viewers of the town or precinct where the 
same shall lie shall consider equivalent thereto, shall be deemed 
legal and sufficient fences : Provided, that in counties under town- 
ship organization, the electors, at any annual town meeting, may 
determine what shall constitute a legal fence in the town; and in 
counties not under township organization, the power to regulate the 
height of fences shall be vested in the county board." 

Approved May 4, 1887. 



FISH AND GAME. 



189 



FISH AND GAME. 



FISH. 



§ 1. 



Prohibits the catching- of fish by seine, 
traps or other device, except upon 
certain conditions and at certain 
seasons of the year. 

Seines, traps and other devices across 
waters in this State prohi bited ; fisli- 
ing except by hook and line in dams 
prohibited. 

Fish ways over dams. 

Taking and killing of fish by spear, 
lime, chemicals or explosives pro- 
hibited. 

Brook trout. 

Penalties for violation of this act. 

Trespass. 



§ 9. 
§ 10. 
§ 11. 

§ 12. 



§ 14. 
§ 15. 



§ 16. 



Enforcing this act. 

In waters dividing counties. 

Warrants by justices. 

Hearing of complaint; jury trial; ver- 
dict. 

Judgment and execution ; payment of 
fines to informer, and to school fund. 

Commitment of defendant to jail or 
work house in case no property is 
found. 

Appeals. 

Sheriffs and constables charged with 
the duty of enforcing this act. 

All acts in conflict repealed. 



An Act to encourage the propagation and cultivation and to secure the 
protection of fishes in all the waters of this State. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That it shall be unlawful for any 
person to catch or kill any fish with any seine, or any other device 
used as a seine, in or upon any of the rivers, creeks, streams, ponds, 
lakes, sloughs, bayous or other water courses wholly within or run- 
ning through the State of Illinois ; nor shall the meshes of any weir, 
basket or trap, or any device used for catching fish in such waters 
not above prohibited, except for catching minnows for bait, be less 
than two inches square : Provided, however, that seining shall be 
lawful and allowed between the first day of July in each year and 
the first day of March in the following year, with seines, the meshes 
of which shall not be less than two inches square, in such rivers or 
streams as are used for navigation wholly within the State, and not 
above or beyond any private or corporate dams on said rivers or 
streams ; and also in the navigable bays or lakes connected with 
such navigable streams wholly within the State, and not extending 
beyond the overflowed bottoms of such rivers or streams : Provided, 
also, that it shall be lawful for the fish commissioners, or persons 
authorized by them, to take fish in any way at any time they deem 
best for purposes of propagation or distribution. 

§ 2. That no person shall place, cause to be placed or erected, 
any seine, weir, net, 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, in such manner as shall ob- 
struct the free passage of fish up and down or through such water 
courses ; and that it shall be unlawful for any person to catch or 
take fish, except minnows for bait, with any device other than a 
hook and line, within one-half mile of any dam constructed across 
any of the rivers or creeks of this State. 



190 FISH AND GAME. 



§ 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 such waters may not be ob- 
structed ; and in case the owners, operators, lessors, or other persons 
operating, using or controlling any dam or other obstruction across 
any of the rivers, creeks, streams, bayous or other water courses of 
the State, shall fail or refuse, after ten days' notice by the fish 
commissioners of this State, or any one of them, to construct and 
maintain suitable fish-ways, as provided in this act, then the fish 
commissioners may construct, or cause to be constructed, suitable 
fish-ways, and recover in action of debt in the name of the People 
of the State of Illinois, before any justice of the peace, or any court 
of competent jurisdiction, double the cost of constructing said fish- 
way ; said fund, in excess of the actual cost, shall be paid to the 
county superintendent of schools. 

§ 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 use of spear, lime, acid, medicinal or chemical 
compound or explosive. 

§ 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 the 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 mis- 
demeanor, and upon conviction shall be fined not less than ten (10) 
nor more than two hundred dollars ($200) and cost of suit. 

§ 7. Any person or persons who shall, for the purpose of fishing 
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 con- 
nected with any water course of this State, shall be deemed guilty 
of a misdemeanor, 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 sub- 
sequent offense as for the second offense. 

§ 8. To enforce the provisions of this act, all suits brought under 
the same shall be brought 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 affidavit that some section of this act has been 
violated, giving the names of the person or persons violating, if known, 
and if unknown, such affidavit shall state by some person or per- 
sons whose name or names are unknown, and such complaint shall 
be made before any justice of the peace of the county in which such 
violation has been made. 



FISH AND GAME. 191 



§ 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 such county, the person or persons alleged to 
have been guilty of violating 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 in this act, it shall 
be the duty of such justice to hear and determine the complaint. 
The person or persons so charged may demand a jury at any time 
before the commencement of the trial, and the case shall be tried 
as cases before justices in civil cases, and judgment shall be for 
conviction or acquittal 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 penal- 
ties collected on such execution in payment of such judgment to the 
person or persons who shall have made the complamt, 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 said county, who shall receive such defendant or 
defendants into his custody and commit him to the county jail of 
such county, or workhouse 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 defend- 
ants 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 the complaint, or uny person who will give the necessary 
bond, shall have the right of appeal, on the same terms as in civil 
cases before justices, but no proceedings herein provided for shall 
be stayed until such appeal shall be fully perfected. 



192 



FISH AND GAME. 



§ 15. It shall be the duty of all sheriffs, deputy sheriffs and 
constables of this State to look after the violations of any of the sec- 
tions 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 pro- 
visions of this act without a warrant, and keep him or them in 
custody until complaint can be made against him or them, as herein- 
before provided. 

§ 16. All acts and parts of acts in conflict with this act are hereby 
repealed ; but such repeal shall not disturb the status of the present 
Board of Fish Commissioners. 

Appeoved May 31, 1887. 



GAME — PBOTECTION OF. 



§ 1. Prohibits the taking or killing for two ' § 2. Penalties for violation of this act. 

years, of prairie chicken partridge, § 3. Dealing in and shipping game, 

pheasant or quail; quail shooting . , -^ 4.- 1 xi • 4. 

permitted in November and Decern- § 4. Prosecutions under this act. 
ber of each year. 

An Act entitled "An act for the protection of wild game.'" 

Section ]. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be unlawful for 
any person or persons, for the period of two years from and after 
the passage of this act, to hunt, pursue, kill, trap, net, destroy or 
attempt to kill, trap, net, ensnare or otherwise destroy any prairie 
hen or chicken, ruffled grouse (commonly called partridge), pheasant 
or quail : Frovided, it shall not be unlawful to shoot quail between 
the first day of November and the thirty-first day of December of 
each year. 

§ 2. And every person so offending shall, for each and every 
offense, be deemed guilty of a misdemeanor, and on conviction shall 
be fined in the sum of not less than twenty or more than forty 
dollars and costs of suit, and shall stand committed in the county 
jail until such fine and costs are paid : Provided, such imprison- 
ment shall not exceed twenty days. 

§ 3. No person or persons shall sell, or expose for sale, or have 
in his or their possession for the purpose of selling, or exposing for 
sale, any of the wild fowls or birds mentioned in section 1 of this 
act ; and any persons so offending shall, on conviction, be fined and 
dealt with as specified in section two of this act : Provided, that 
inhabitants of villages and cities may receive and ship game from 
other States, and expose and sell the same on the markets in said 
villages and cities between the first of October and the first of Feb- 
ruary of the following year. 

§ 4. All prosecutions under the provisions of this act shall be 
brought by any person in the name of the people of the State of 
Illinois, against any person or persons violating any of the pro- 
visions of this act, before any justice of the peace of the county in 



GUAEDIANS AND WAEDS. 193 



"which such violation is alleged to have taken place, or before any 
court of competent jurisdiction ; and it is hereby made the duty of 
State's attorneys to see that the provisions of this act are enforced 
in their respective counties, and they shall prosecute all offenders 
on receiving information of the violations of any of the provisions 
of this act ; and it is made the duty of sheriffs, deputy sheriffs, 
constables and police officers to inform against and prosecute all 
persons who there is probable cause to believe are guilty of violating 
any of the provisions of this act. Seventy-five per cent, of the 
amount recovered in any penal action under the provisions of this 
act, shall go to the school treasurer of the township in which this 
act shall have been violated, to be added to the school fund of such 
township, and twenty-five per cent, of the fine to the informer. 

Appeoved June 9, 1887. 



GUAEDIANS AND WAKDS. 



INVESTMENT OP MONEY. 

§ 1. Amends section 22, act 1872, by providing how wards' money shall be invested. 

An Act to amend section twenty-two (22) of an act entitled "An act 
in regard to guardians and ivards," approved April 10, 1872. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That section twenty-two (22) 
of an act entitled "An act in regard to guardians and wards," ap- 
proved April 10, 1872, be, and the same is hereby amended so as 
to read as follows, to-wit : 

"Section 22. It shall be the duty of the guardian to put and 
keep his ward's money at interest upon security to be approved by 
the court, or by investing on approval of the court the same in 
United States bonds, or in the bonds of any county or city which 
are not issued in aid of railroads, and where the laws do not per- 
mit said counties or cities to become indebted in excess of five per 
cent, of the assessed valuation of property for taxation therein, and 
where the total indebtedness of such county or city does not exceed 
five per cent, of the assessed valuation of property for taxation at 
the time of such investment. Personal security may be taken for 
loans not exceeding one hundred dollars. Loans upon real estate 
shall be secured by first mortgage thereon and not to exceed one- 
half the value thereof. No mortgage loan shall be made for a 
longer time than three years nor beyond the minority of the ward : 
Provided, the same may be extended from year to year without the 
approval of the court. The guardian shall be chargeable with inter- 
est upon any money which he shall wrongfully or negligently allow 
to remain in his hands uninvested after same might have been in- 
vested," 

Approved June 8, 1887. 
—13 



194 INSOLVENT DEBTORS — INTOXICATING LIQUORS. 



INSOLVENT DEBTOES. 



IMPRISONMENT FOR DEBT. 

§ 1. Amends section 34 by providing that no person shall be imprisoned for a longer period 

than six months. 

An Act to amend section thirty-four of an act entitled "An act con- 
cerning insolvent debtors,'' approved April 10, 1872, in force July 
1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section thirty-four of an 
act entitled "An act concerning insolvent debtors," approved April 
10, 1872, in force July 1, 1872, be and the same is hereby amended 
so as to read as follows : 

"Section 34. In any case where the defendant arrested upon final 
process shall not be entitled to relief under the provisions of this 
act, if the plaintiff will advance the jail fees and board in manner 
hereinbefore provided, the defendant may be imprisoned at $1.50 
per day, until the judgment shall be satisfied, and the officer mak- 
ing the arrest shall endorse the execution 'satisfied in full by imprison- 
ment' : Provided, that no person heretofore or hereafter imprisoned 
under the provisions of this act, shall be imprisoned for a longer 
period than six months from the date of arrest ; and ail persons 
imprisoned under the provisions of this act for the period of six 
months or more at the time this act takes effect, shall thereupon 
be immediately discharged : Provided, however, that no person shall 
be released from imprisonment under this act who neglects or re- 
fuses to schedule in manner and form as provided by this act." 

Approved June 14, 1887. 



INTOXICATING LIQUOES. 



SALE OP. 



§ 1. Prohibits the sale of intoxicating 
hquors outside of cities, towns and 
villages in less auantities than 5 gal- 
lons. 

§ 2. Shift or device prohibited. 



§ 3. Fines and imprisonments; how en- 
forced. 

§ 4.' Evidence required to convict under 
this act. 

§ 5. This act shall not be construed so as to 
conflict with the dram-shop act. 



An Act to regulate the sale of intoxicating liquors outside the incorpo- 
rated limits of cities, toivns ana villages. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whoever shall, outside of 



INSURANCE, FIEE. 195 



the , incorporated limits of any city, town or village, by himself or 
another, either as principal, clerk or servant, directly or indirectly 
sell, barter or exchange, or in any manner dispose of, for money or 
any thing of value, any intoxicating liquors of any kind in any less 
quantity than five gallons, and in the original package as put up by 
the manufacturer, shall, for each offense, be fined not less than 
fifty nor more than one hundred dollars, or imprisoned in the 
county jail not less than thirty nor more than ninety days, or both, 
in the discretion of the court. 

§ 2. Any shift or device to evade the provisions of this act shall 
be held to be an unlawful selling. 

§ 3. Any fine or imprisonment mentioned in this act may be 
enforced by indictment or information in any court of record having 
criminal jurisdiction, or the fine above may be sued for and recov- 
ered before any justice of the peace of the proper county in the 
name of the People of the State of Illinois, and in case of convic- 
tion the offender shall stand committed to the county jail until the 
costs and judgment are fully paid, or until discharged by order of 
the court before which the conviction was obtained. 

§ 4. In all prosecutions under this act, by indictment or other- 
mse, it shall not be necessary to state the kind of liquor sold or 
to describe the place where sold, except as herein required, nor to 
show the knowledge of the principal to convict for the acts of an 
agent or servant, nor to state the name of the person to whom 
liquor is sold, and in all cases the persons to whom liquors shall 
be sold in violation of this act shall be competent witnesses. 

§ 5. Nothing contained herein shall be construed so as to pre- 
vent county boards from granting license to keep dram shops as is 
now provided by law, and all persons keeping dram shops so 
licensed shall be exempt from the provisions of this act. 

Approved May 4, 1887. 



INSUEANCE, FIEE. 



county companies. 

§ 1. Amends sec. 3, act of 1877, by fixing number of directors and regulating the election. 
Amends sec. 8 by changing terms and amount of poUoy. Amends see. 11 by fixing 
the amount of loss to be adjusted by President and Secretary at 8200. 

An Act to amend sections three (3), eight (8) and eleven (11) of an act 
entitled "An act to organize and regulate County Fire Insurance 
Companies,'''' approved June 2, 1877, in force July 1, 1877. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly; That sections three (3), eight 



196 INSTJEANCE, FIRE. 



(8) and eleven (11) of an act entitled "An act to organize and reg- 
ulate County Fire Insurance Companies," approved June 2, 1877, 
in force July 1, 1877, be amended so as to read as fellows : 

" Section 3. The number of directors shall be not less than 
nine and not more than fifteen, a majority of whom shall 
constitute a quorum to do business, be elected from the corpor- 
ators by ballot, of whom one-third shall be elected for one year, 
one-tbird for two years and one-third for three years, and until 
their successors are elected and qualified. All subsequent elections, 
except to fill vacancies, one-third of said board of directors shall be 
elected for three years ; said election shall be held at the annual 
meeting of the company, which shall be on the first Tuesday after 
the first Monday in January in each year : Provided, that any com- 
pany now incorporated and doing business under this act may at 
any time so change their mode of electing their board of directors 
at an annual meeting as to be in conformity with this act. In the 
election of the first board of directors each corporator shall be en- 
titled to one vote. At every subsequent election every person insured 
shall be entitled to as many votes as there are directors to be 
elected and an equal additional number for every risk or risks he 
holds in the company, and may cast the same in person or by proxy^ 
distributing them among the same or a less number of directors to 
be elected, or cumulating them upon one candidate, as he shall 
think fit." 

"Section 8. Such company may issue policies only on detached dwel- 
lings, school houses, churches, barns (except livery, boarding and hotel 
barns) and other farm buildings, and such property as may properly 
be contained therein ; also other property on the premises and 
owned by the insured, hay and grain in the stack, and live stock 
on the premises of the insured and anywhere in the county, for 
any time not exceeding five years, and not to extend beyond the 
limited duration of the charter, and for an amount not to exceed 
four thousand five hundred ($4,500) dollars on any one risk. All 
persons so insured shall give their obligation to the company, bind- 
ing themselves, their heirs and assigns, to pay their pro rata share 
to the company of the necessary expenses, and all losses by fire 
or lightning which may be sustained by any member thereof during 
the time for which their respective policies are written, and they 
shall also at the time of affecting the insurance pay such a per- 
centage in cash and such other charges as may be required by the 
rules or by-laws of the company." 

" Section 11. Every member of such company who may 
sustain loss or damage by fire or lightning shall immediately 
notify the president of such company, or, in his absence, the 
secretary thereof, stating the amount of damage or loss claimed, 
and if not more than two hundred dollars (|20U), then the presi- 
dent and secretary shall proceed to ascertain the amount of such 
loss or damage and adjust the same. If the claim for damage 
or loss shall be an amount greater than two hundred dollars (|200)y 
then the president of such company, or, in case of his absence, the 
secretary thereof, shall forthwith convene the directors of such com- 
pany, whose duty it shall be, when convened, to appoint a committee 



INSURANCE, FIRE. 



197 



of not less than three disinterested members of such company to 
ascertain the amount of such damage or loss. If in eithei: case 
there is a failure of the parties to agree upon the amount of such 
damage or loss, the claimant may appeal to the judge of the county 
court of the county in which the of&ce of such company is located, 
whose duty it shall be to appoint three disinterested persons as a 
committee of reference, who shall have full authority to examine 
witnesses and to determine all matters in dispute, and shall make 
their award in writing to the president of such company, and such 
award shall be final. The pay of said committee shall be two dol- 
lars ($2) per day for each day's service so rendered, and four cents 
for each mile necessarily traversed in the discharge of their duties, 
which shall be paid by the claimant, unless the award of said com- 
mittee shall exceed the sum offered by the company in liquidation 
of such loss or damage, in which case said expenses shall be paid 
by the company." . 

Approved June 6, 1887. 



FARMERS COUNTY MUTUAL LIVE STOCK COMPANIES. 



; 1. Not less than 25 persons residing in one 
county may incorporate. 

I 2. Statement filed with Auditor; certifi- 
cate ; change of charter. 

; .3. Directors ; term of office ; election. 

i 4. Officers of the company. 

i 5. Bonds of officers. 

i 6. Powers. 

i 7. Members; non-resident of county not 
eligible to the office of director. 

i 8. Policies ; how issued and paid. 

I 9. Classification of risks. 



§ 10. Risks on stock outside of county pro- 
hibited. 

§ 11. Notice of loss and proof. 

§ 12. Assessments to pay losses. 

§ 13. Notice of assessment. 

§ 14. Collection of losses and assessments 
upon process. 

§ 15. Annual statements. 

§ 16. Cancellation of policies ; surrender of 
policies; un(iarned premium. 

§ 17. Annual reports to the Auditor ; certifi- 
cate to continue business; fees. 

§ 18. Dissolution. 



An Act to organize Farmers' County Mutual Live Stock Inmrance 

Companies. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That any number of per- 
sons, not less than twenty-five, residing in any county in this 
State, who collectively shall own property of not less than 
fifty thousand dollars ($50,000) in value, twenty thousand 
dollars ($20,000) of which shall consist of insurable live stock which 
they desire to have insured, may form an incorporated company 
for the purpose of mutual live stock insurance against loss by death 
from any cause : Provided, that such loss by death shall not be the 
willful negligence on the part of the owner of such insured stock. 

§ 2. Such persons shall file with the Auditor of Public 
Accounts a declaration of their intention to form a company 
for the purposes expressed in the preceding section, which 
declaration shall be signed by all the corporators, and shall contain 



198 INSUKANCE, FIKE. 



a copy of the charter proposed to be adopted by them. Such char- 
ter shall set forth the name of the corporation, and also the name 
of the city, town or village in which the business office of such company 
is to be located, and the intended duration of the company; and if 
it is found comformable to this act, and not inconsistent with the 
laws and constitution of this State, the Auditor shall thereupon 
deliver to such persons a certified copy of the charter, which, on 
being filed in the office of the county clerk of the county where the 
office of such company is to be located, shall be their authority to 
organize and commence business. Such certified copy of charter 
may be used in evidence for or against said company the same as 
the original : Proinded, that such charter so obtained shall be sub- 
ject to control of and modification by the General Assembly. 

§ 3. The number of directors shall not be less than one 
nor more than five from any one township in the county ; a 
majority of whom shall constitute a quorum to do business; 
to be elected from the incorporators by ballot, and hold their 
offices until their successors are elected and qualified. In the 
election of the first board of directors each corporator shall be 
entitled to one vote for each director. All subsequent elections ex- 
cept to fill vacancies shall be held at the annual meeting of the 
company, which shall be on the first Tuesday after the first Mon- 
day of January in each year, and every person insured shall be 
entitled to as many votes as there are directors to be elected ; and 
may cast the same in person or by proxy, distributing them among 
the same or a less number of candidates than the number of direc- 
tors to be elected, or accumulating them upon one candidate as he 
shall think fit. 

§ 4. The directors shall elect from their number a president 
and a treasurer, and also elect a secretary who may or may not 
be a member of the company; all of whom shall hold their office 
for one year and until their successors are elected and qualified. 

§ 5. The treasurer and secretary shall each give bonds to the 
company for the faithful performance of their duties, in such amoumts 
as shall be prescribed by the board of directors. 

§ 6. Such corporation and its directors shall possess the 
usual powers and be subject to the usual duties of corpora- 
tions and directors thereof, and may make such by-laws not 
inconsistent with the constitution or laws of this State as may 
be deemed necessary for the management of its affairs in accord- 
ance with the provisions of this act ; also to prescribe the duties of 
its officers and agents, and fix their compensation ; and to alter and 
amend its by-laws when necessary. 

§ 7. Any person owning insurable live stock in the county 
for which any such company is formed may become a member 
of such company by insuring therein ; and if he resides in 
the county in which such company is located, shall be entitled to 
all the rights and privileges appertaining thereto; but no person 
not residing in the county in which the company is formed shall 
become a director of such company. 



INSURANCE, FIRE. 199 



§ 8. Such company may issue policies only on horses, mules 
and cattle, (except horses used as street-car horses, livery horses, 
or any horse used on any race or trotting course), for a 
term not exceeding two years, and not to extend beyond the 
limited duration of the charter, and for an amount not to 
exceed one thousand dollars on any one animal. All persons so 
insured shall give their obligation to the company, binding them- 
selves, their heirs and assigns to pay their pro rata share to the 
company of the necessary expenses, and of all losses by death 
which may be sustained by any member thereof during the time 
for which their respective policies are written ; and they shall also, 
at the time of effecting their insurance, pay such percentage in 
cash, or secured note due thirty days after date, and such other 
charge as may be required by the rules or by-laws of the company. 

§ 9. Any such company may classify the live stock insured there- 
in at the time of issuing policies thereon, and also the different 
rates corresponding as nearly as may be to the greater or less 
risk carried by the company on any one or more animals. 

§ 10. No such company shall insure any live stock beyond the 
limits of the county comprised in the formation of the company, 
nor shall they be held responsible for loss of stock when taken 
beyond the limits of this State. 

§ 11. Every member of such company who may sustain 
loss by the death of his insured stock shall immediately notify 
the president of such company, or in his absence the secretary 
thereof, stating the amount of insurance on his animal or ani- 
mals lost by death ; also a statement setting forth the cause of 
death, if known, and shall also prove the death of such stock 
by the testimony of two witnesses. 

§ 12. Whenever the amount of any loss shall have been as- 
certained which exceeds in amount the cash fund of the company, 
the president shall convene the directors of said company, who 
shall make an assessment upon all of the insured property at such 
uniform rate, as they shall deem necessary to meet the payment 
of losses. 

§ 13. It shall be the duty of the president, when such 
assessment shall have been made, to immediately notify every 
person composing such company personally, by an agent, or 
by letter sent to his usual postoffice address, of such assess- 
ment, and the sum due from him as his share thereof, and 
of the time when, and to whom such payment is to be made ; bat 
such time shall not be less than twenty days nor more than thirty 
days from the date of such notice. 

§ 14. Suits at law may be brought against any member of 
such company who shall neglect or refuse to pay any assess- 
ment made upon him by the provisions of this act ; and the 
directors of any company so formed, who shall willfully refuse ®r 
neglect to perform the duties imposed upon them by the pro- 
visions of this act, shall be liable in their individual capacity to 
the person sustaining such loss. Suits at law may also be brought 



200 INSURANCE, FIRE. 



and maintained against any such company by members thereof for 
losses sustained, if payment is withheld after such losses have be- 
come due. 

§ 15. It shall be the duty of the secretary to prepare an annual 
statement showing the condition of such company on the Slst day 
of December, and present the same at the annual meeting of the 
company. 

§ 16. Any member of such company may withdraw there- 
from by surrendering his policy for cancellation at any time 
while the company continues the business for which it was 
formed, by giving notice in writing to the secretary thereof 
and paying his share of all claims then existing against said 
company : Frovided, that by the withdrawal of any such 
member the number of members remaining in the company 
shall not be reduced below the original number of incorporators or 
that the assets will not be reduced below the amount at the time 
of the organization : Provided, further, that the company shall 
have power to cancel or terminate any policy by giving the insured 
notice to that effect : Be it provided, further, that any person re- 
moving his insured stock beyond the limits of this State may sur- 
render his policy and receive from the company the unearned pre- 
mium or rate charged, if any, less twenty-five per cent. This pro- 
vision shall also apply to any policy cancelled by notice from the 
company. 

§ 17. It shall be the duty of the president and secretary of every such 
company on the first day of January of each year, or within one month 
thereafter, to prepare, under their oath, and transmit to the Auditor of 
Public Accounts a statement of the condition of the company on 
the Slst day of December then next preceding, in such form as 
the Auditor may direct. If, upon examination, he is of the opinion 
that such company is doing business correctly in accordance with 
the provisions of this act, he shall thereupon furnish the company 
his certificate, which shall be deemed authority to continue busi- 
ness the ensuing year, subject, however, to subsequent provisions of 
this act. For such examination and certificate the company shall 
pay one dollar. Each company shall pay at the time of organiza- 
tion ten dollars for the Auditor's services, all of which shall be 
paid into the State treasury and applied to the insurance fund. 

§ 18. Any such company may be proceeded against and dis- 
solved in the manner and upon the same conditions as provided 
in case of other insurance companies incorporated in this State. 

Approved June 16, 1887. 



INSURANCE, FIRE. 201 



TOWNSHIP COMPANIES. 

<§ 1. Amends section 3 by fixing the number of directors and providing the manner of their 
election. Amends section 8 by describing the property to be insured and time and 
amount of policy. Amends section 11 by fixing the amount of loss to be adjusted by 
President and Secretary at S200. 

An Act to amend sections three, eight and eleven of an act entitled 
"An act to revise the law in relation to township insurance compa- 
nies," approved March 24, 1874, in force July 1, 1874, as amended 
by an act approved May 11, 1877, in force Jidy 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections three, eight and 
eleven of an act entitled "An act to revise the law in relation to 
"township insurance companies," approved March 24, 1874, in force 
July 1, 1874, as amended by an act approved May 11, 1877, in force 
July 1, 1877, be amended so as to read as follows : 

"Section 3. The number of directors shall not be less than nine nor 
more than fifteen, a majority of whom shall constitute a quorum to do 
business, to be elected from the corporators by ballot, of whom one-third 
shall be elected for one year, one-third for two years and one-third for 
three years, and until their successors are elected and qualified. At all 
subsequent elections, except to till vacancies, one-third of said board 
of directors shall be elected for three years, said election to be held 
at the annual meeting of the company, which shall be on the first 
Tuesday after the first Monday in January in each year : Provided, 
that any company now incorporated and doing business under this 
act may at any time so change their mode of electing their board 
'Of directors, at an annual meeting, as to be in conformity with this 
act. In the election of the first board of directors each corporator 
shall be entitled to one vote. At every subsequent election every 
person insured shall be entitled to as many votes as there are 
directors to be elected, and an equal additional number for each 
$500 that he may be insured in the company, and may cast the 
same in person or by proxy, distributing them among the same or 
s, less number of directors to be elected, or cumulating them upon 
one candidate as he may think fit." 

"Section 8. Such companies may issue policies only on detached 
dwellings, barns (except livery, boarding and hotel barns) and other 
farm buildings, school houses and churches, and such property as 
may be properly contained therein ; also other property on the 
premises and owned by the insured, also live stock, hay and grain 
in the stack on the premises of the insured, and anywhere in the 
ierritory of the company, for any time not exceeding five years, 
•and not to extend beyond the limited duration of the charter, and 
for an amount not to exceed four thousand five hundred dollars on 
any one risk. All persons so insured shall give their obligations to 
"the company, binding themselves, their heirs and assigns to pay 
their pro rata share to the company of the necessary expenses, and 
of all losses by fire or lightning, which may be sustained by any 
member thereof during the time for which their respective policies 



202 ' INSURANCE, LIFE. 



are written, and they shall also, at the time of eifecting the insur- 
ance, pay such percentage in cash, and such other charge as may 
be required by the rules and by-laws of the company." 

"Section 11. Every member of such company who may sustain loss 
or damage by fire or lightning shall immediately notify the president of 
such company, or in his absence the secretary thereof, stating the 
amount of damages or loss claimed, and if not more than two hundred 
dollars ($200) then the president and secretary shall proceed to ascertain 
the amount of such loss or damage, and adjust the same. If the claim 
for damage or loss shall be an amount greater than two hundred dollars 
($200), then the president of such company, or in case of his ab ■ 
sence the secretary thereof, shall forthwith convene the directors of 
such company, whose duty it shall be when convened to appoint a 
committee of not less than three disinterested members of such com- 
pany to ascertain the amount of such damage or loss ; if in either 
case there is a failure of the parties to agree upon the amount of 
such damage or loss, the claimant may appeal to the judge of the 
county court of the county in which the office of the company is. 
located, whose duty it shall be to appoint three persons as a com- 
mittee of reference, who shall have full authority to examine wit- 
nesses and to determine all matters in dispute, and shall make an 
award in writing to the president of such company, and such award 
shall be final ; the pay of said committee shall be two dollars ($2.00) 
per day for each day's service so rendered, and four cents for each 
mile necessarily traversed in the discharge of their duties, which 
shall be paid by the claimant, unless the award of said committee 
shall exceed the sum offered by the company in liquidation of such 
loss or damage, in which case said expenses shall be paid by the 
company." 

Approved June 10, 1887. 



INSURANCE, LIFE. 



organization of life companies. 

§ 1. Amends the act of 1869 by adding three sub-sections to section 1 and two sub-sections 
to section 2, providing for the incorporation of life insurance companies. 

An Act to amend an act entitled "An act to organize and regulate the 
business of life insurance,'' approved March 26, 1869, by adding five 
additional sections thereto. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an act entitled "An act 
to organize and regulate the business of life insurance," approved 
March 26, 1869, be amended by adding immediately after section, 
one of said act the following sections : 



INSURANCE, LIFE. 20B 



"Section 1 a. Any number of persons, not less than nine, may 
organize an incorporated company to make insurance upon the hves 
of persons, and every insurance pertaining thereto, or connected 
therewith, and to grant or dispose of annuities. 

"Section 1 h. The persons proposing to organize shall be desig- 
nated as corporators, and they shall file with the State Auditor a 
declaration, signed by each of the corporators, setting forth their 
intentions to form a company for the purpose named in this act, 
which declaration shall comprise a copy of the charter they propose 
to adopt, and the said charter shall set forth the name of the 
company, the place where it is to be located, the mode and manner 
in which the corporate powers of the company are to be exercised, the 
manner of electing the trustees or directors and officers, a majority 
of whom shall be citizens of this State at the time of such election ; 
the manner of filling vacancies ; the amount of capital stock, and 
such other particulars as may be necessary to explain and make 
manifest the objects and purposes of the company, and the manner 
in which it is to be conducted. On the filing of such declaration as 
aforesaid, the Auditor shall submit the same to the Attorney Gen- 
eral for examination, and if found by him to be in accordance with 
the provisions of this act, and not inconsistent with the laws and 
constitution of this State and of the United States, he shall certify 
to the same, and deliver it back to the Auditor, who shall cause 
said declaration, with the certificate of the Attorney General, to be 
recorded in a book to be kept for that purpose, and he shall furnish 
a certified copy of such declaration and certificate to the corpor- 
ators. 

"Section 1 c. Whenever the corporators who shall have received 
from the Auditor such certified copy, and shall have published the 
same in a newspaper published in the county in which such insur- 
ance company is proposed to be located, they may open books to 
receive subscriptions to the capital stock, and shall keep such books 
open until the amounts required are subscribed, and shall proceed 
to collect in such capital and complete the organization." 

§ 2. And said act shall be further amended by adding immedi- 
ately after section two the following sections : 

"Section 2 a. Whenever the corporators shall have fully organ- 
ized such company, and the said company shall have deposited 
with the Auditor the required amount of capital, it shall become 
his duty to furnish the corporators with a certificate of deposit, 
which, with the certified copy of said declaration previously received 
from the Auditor, when filed for record in the office of the recorder 
of deeds in the county where such company is to be located, shall 
be the authority to commence business and issue policies, and the 
same, or a certified copy thereof, shall be evidence in all suits. 

"Section 2 h. The corporators, or the trustees or directors, as 
the case may be, of any company organized under this act, shall 
have power to make such by-laws not inconsistent with the consti- 
tution and laws of this State as may be deemed necessary for the 
government of the officers and the conduct of its affairs, and the 
same, when necessary, to alter or amend; and they, and their suc- 
cessors, may have a common seal, and may change and alter the 



204 



INSUEANCE, LIFE. 



same at their pleasure ; and such company, in its corporate name, 
may sue and be sued, may own so much real and personal estate 
as shall be necessary for the transaction of its business, and may 
sell and dispose of the same when deemed necessary, but all real 
estate acquired through the collection of debts shall not be held 
longer than five years. Each stockholder of any company organized 
under this act shall, in his individual capacity, be severally liable 
for all debts of such company to the amount of his unpaid stock." 

Approved June 15, 1887. 



ASSESSMENT SOCIETIES. 



§ 1. 

§ 2. 



1 3. 



^ 9. 



Corporations authorized. 

Statement to be submitted to the Audi- 
tor and if approved filed with the 
Secretary of State. 

Certificate of incorporation to be 
issued by the Secretary of State; 
change of articles of association. 

Powers of such corporation. : 

Directors, trustees or managers ; elec- 
tion ; record ; compensation of officers 

Assessment notices. 

Fraudulent certificates. 

Surplus fund. 

Association formed under this act not 
subject to insurance law; reports; 
associations and societies exempt. 

Examinations by the Auditor. 

Examinations by the Auditor upon 
request. 



§ 12. Kefusal or neglect to make annual 
statements, or making false state- 
ments. 

§ 13. Dissolution of associations for cause. 

§14. Voluntary dissolution; distribution of 
funds; transfer of membership; cer- 
tificate of final dissolution filed in 
the office of the Secretary of State. 

S 15. Penalties for refusing to comply with 
this act. 

§ 16. First annual statement 

§ 17. Corporations of other States and Gov- 
ernments; license; revocation of 
license for cause. 

§ 18. Fee for license; examination of for- 
eign associations ; refusal or neglect 
of foreign associations to comply 
with this act ; penalties. 



An Act to provide for the organization and management of Corpora- 
tions, Associations or Societies for the purpose of furnishing Life 
Indemnity or Pecuniary Benefits to the beneficiaries of deceased 
members, or Accident or Permanent Disability Indemnity to members 
thereof. Title as amended by act approved June 16, 1887. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the title of an act entitled 
"An act to provide for the organization and management of cor- 
porations, associations or societies, for the purpose of furnishing 
life indemnity or pecuniary benefits to widows, orphans, heirs, rela- 
tives and devisees of deceased members, or accident or permanent 
disability indemnity to members thereof," approved June 18, 1883, 
and in force July 1, 1883, be and the same is hereby amended so 
as to read as follows: "An act to provide for the organization and 
management of corporations, associations or societies for the pur- 
pose of furnishing life indemnity or pecuniary benefits to the bene- 
ficiaries of deceased members, or accident or permanent disability 
indemnity to members thereof," and that the said act be and the 
same is hereby amended and revised so as to read as follows : 



INSUBANCE, LIFE. 205 



Section 1. That corporations, associations or societies for the pur- 
pose of furnishing life indemnity or pecuniary benefits upon the death 
of a member, to the widows, heirs, relatives, legal representatives or the 
designated beneficiaries of such deceased member, or for tbe pur- 
pose of furnishing accident or permanent disability indemnity to 
members thereof, and where members shall receive no money as 
profit, and where the funds for the payment of such benefits shall 
be secured, in whole or in part, by assessment upon the surviving 
members, may be organized, subject to the conditions hereinafter 
provided. 

§ 2, Any five or more persons, citizens of the United States, 
a majority of whom shall be bona fide citizens and voters of 
this State, may associate themselves together as a body corpor- 
ate, for which purpose they shall make, sign and acknowledge, 
before any officer authorized to take acknowledgments of deeds in 
this State, a certificate of association, in which shall be stated the 
name or title by which such corporation, association or society shall 
be known in law ; the location of its principal business office (which 
office must be located in this State); the name and residence of 
the incorporators ; the object of the corporation, with its plan of 
doing business clearly and fully defined; the number of its directors, 
trustees or managers, and the names of those selected to serve 
until its first annual meeting; the limits as to age of applicants 
for membership, which shall not exceed sixty-five years, and that 
medical examinations are required; and that bona fide applications 
have been secured for at least $500,000, by not less than five 
hundred persons, who have each made application for membership 
in such proposed association or society, and have been duly ex- 
amined and recommended by a reputable physician, and have each 
deposited with the parties asking such charter the sum of ten dol- 
lars as advance assessment for mortuary purposes, which certificate 
Di association and applications, together with the certificate of some 
solvent bank or banks that all of such advance mortuary funds are 
deposited therein to be turned over to the treasurer of such asso- 
ciation when organized, shall be submitted to the Auditor of Public 
Accounts, who shall carefully examine the same; and, if he shHll 
find that the objects and purposes are fully and definitely set forth, 
and are clearly within the provisions of this act, and that the name 
or title is not the same or does not so closely resemble a title in 
use as to have a tendency to mislead the public, shall approve the 
same. If for either of the aforesaid, or other good and sufficient 
reasons, the said Auditor shall be unwilling to approve the certifi- 
cate of association, he shall immediately inform the incorporators 
of the fact, stating his objections fully in writing. If the certificates 
and other documents are sufficient and satisfactory to the Auditor, 
he shall forthwith file the certificate of association, with his cer- 
tificate of approval thereof, in the office of the Secretary of State. 

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



206 INSURANCE, LIFE. 



in a book kept for that purpose in the of&ce of the recorder of 
deeds of the county in which the principal place of business of such 
corporation, association or society is located. Any corporation, as- 
sociation or society organized under this act or the act hereby 
revised and amended may change its articles of association in the 
manner prescribed by its own rules ; but no such change shall be 
of legal effect until a certificate setting forth fully and definitely 
the changes proposed shall have been submitted to and approved 
by the Auditor of Public Accounts and filed in the office of the 
Secretary of State, and a certified copy thereof recorded in the 
office of the recorder of deeds in which the original certificate of 
association was recorded. Any corporation, association or society 
organized under the act entitled "An act concerning corporations," 
approved April 18, 1872, as amended by [an] act approved and in 
force March 28, 1874, for the purpose of benefiting the widows, 
orphans, heirs and devisees of deceased members, may, in like 
manner, amend its articles of association in conformity to the pro- 
visions of this act. 

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

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



INSURANCE, LIFE. 207 



and managers of such corporation, association or society in full 
compensation for their services, and it shall not be lawful for any 
ofi&cer or manager to take or receive any of the money or funds of 
such corporation, association or society in excess of the amount of 
salary or per cent, so fixed, and such salary or per cent, shall not 
be increased or decreased during the term for which such officers or 
managers are elected. 

§ 6. Assessment notices sent to members by any association or cor- 
poration doing business in this State, shall state the object or objects 
for which the money to be collected is intended ; the names, last address 
and amount of certificates of the deceased members, the amount to 
which the beneficiary of each is entitled or the amount which would 
be realized for the beneficiaries of each if all the members who are 
assessed would pay the assessment, and no part of the funds col- 
lected for the payment of death benefits shall be applied for any 
other purpose. 

§ 7. Any agent, physician or other person, who shall knowingly 
secure, or cause to be secured, a certificate of membership on any 
person without his knowledge or consent, or by means of misre- 
presentations, false, fraudulent or untrue statements, be instrumen- 
tal in securing a certificate of membership on any aged or infirm 
person, or in restoring to membership any person not in an insur- 
able condition, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be fined in a sum not less than $100, nor 
more than $1,000, or be imprisoned in the county jail not less than 
thirty days nor more than one year, or both, in the discretion of 
the court ; and said certificate or renewal so secured shall be abso- 
lutely void. 

§ 8. All corporations, associations, or societies transacting business 
under the provisions of this act, may provide, by by-laws, for the 
accumulation of a surplus, general or guarantee fund, which may 
be invested only in the corporate name of the association or soeiety 
in United States, State, county, city, or other first-class convertible 
bonds or stocks, upon which interest has not been in default. 
Such funds, when so set apart, and so invested, shall, with the in- 
crease thereof, belong to such corporation, association or society, 
and not to the directors, trustees, managers or officers thereof; 
and shall be used only for mortuary benefits, without assessment, 
or applied in payment of future assessments, or otherwise used for 
the promotion of the object or objects for which said funds are 
specially provided and set apart, and such use shall not be deemed 
or construed to mean a profit received by members within the 
meaning of the statutes of this State : Provided, that nothing in 
this act shall be deemed or construed to authorize the payment of 
such funds to members as endowments, or as tontine profits, or as 
payments to members otherwise than for mortuary benefits, or acci- 
dent, or permanent disability benefits, except upon the dissolution 
of the corporation. 

§ 9. All corporations, associations or societies, organized under 
the provisions of this act, or that have heretofore been organized 
within this State, under any charter, compact or agreement or 



208 INSURANCE, LIFE. 



statute of this State, for the purpose of furnishing life, acci- 
dent or permanent disability indemnity or mortuary benefit on the 
assessment plan, in accordance with the provisions of the first 
section of this act, shall not be deemed insurance companies, 
nor subject to the laws of this State relating thereto, but shall 
comply with, and conform to all the requirements and provisions 
of this act ; and shall, by their president and secretary, or like 
officers, make to the Auditor of Public Accounts annually, on or 
before the first day of March, in each and every year, a statement 
under oath, for the year ending on the thirty-first day of December 
ne^t preceding, upon blanks furnished by the said Auditor, which 
blanks shall be such as will show its financial condition, assets, 
liabilities, total amount of indemnity in force, number of members, 
number whose memberships have l^termiuated during the year 
and cause thereof, total receipts and sources thereof, total expendi- 
tures and objects thereof, and the average amount paid on each 
certificate, and shall pay to the said Auditor, upon filing said cer- 
tificate, a fee of $5, and the said Auditor shall publish said state- 
ment in his annual report : Provided, that nothing herein contained 
shall be held to apply to any organization of a purely social, re- 
ligious or benevolent character, where no commissions are paid and 
no salaried officers or agents are employed; nor to any local asso- 
ciation or society organized under, or subject to the control of a 
grand or supreme body, nor to any secret organization having sub- 
ordinate lodges or councils which has been organized under the 
laws of this or any other State, and which is now permitted to do 
business in this State. 

§ 10. The Auditor of Public Accounts shall have authority in per- 
son, or by an expert for that purpose appointed, to verify the state- 
ments aforesaid, by examination of the books and papers of the corpor- 
ation, and make such other examination as he may deem necessary. 
The expense of such examination shall be paid by the corporation, as- 
sociation or society having its books examined, and shall not exceed 
the necessary traveling and hotel expenses of said Auditor or expert, 
and the reasonable compensation of such clerical assistance as may 
be required. 

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

§ 12. Whenever any corporation, association or society, or- 
ganized or having transacted business under the provisions of this 
act, shall neglect or refuse to make its annual statements as re- 
quired by this act, or whenever the said Auditor shall find, upon 
examination as provided in section 10 of this act, that any will- 
fully false or untrue statements in any material respect have been 
made, or that the business of the corporation, association or society 



INSUKAKCE, LIFE. 209 



has been conducted fraudulently, or in willful violation of any of 
the provisions of this act, or that the corporation has transacted 
business different from that authorized by its certificate of incor- 
poration, he shall communicate the fact to the Attorney General, 
whose duty it shall be to apply to the circuit court where its prin- 
cipal office is located, for an order requiring the officers or directors, 
trustees or managers of such corporation to show cause why they 
should not be removed from office, or its business closed ; and the 
court shall thereupon hear the allegations and proofs of the respec- 
tive parties, and if it shall appear to the satisfaction of the said 
court that any one or more of them have been guilty of fraud or 
any material irregularity or violation of law to the injury of the 
said corporation, association or society, or of non-compliance with 
any of the provisions of this act, the court shall decree a removal 
from office of the guilty party or parties, which decree shall forever 
debar him or them from holding a similar office, and shall substi- 
tute a suitable person or persons to serve until the regular annual 
meeting, or until a successor or successors are regularly chosen or 
elected ; or if it shall appear to the said court that the interests of 
its members or the, general public so require, the court may decree 
a dissolution of such corporation, association or society, and a dis- 
tribution of its effects. 

§ 13. If the Auditor of Public Accounts shall find, upon examina- 
tion, as provided in section 10 of this act, or if it shall appear from the 
annual statement filed in his office, as provided by section 9 of this 
act, that the number of members in good standing in any corpora- 
tion, association or society organized under any law of this State, 
and amenable to the provisions of this act, is less than two hun- 
dred, or that the last mortuary assessment upon its members 
produced less than five hundred dollars for mortuary benefits, he 
shall communicate the fact to the Attorney General, whose duty 
it shall be to apply to the circuit court where its principal office is 
located for an order requiring the officers or directors, trustees or 
managers of such corporation to show cause why its business should 
not be closed. The court shall thereupon hear the allegations and 
proofs of the respective parties, and if the court shall find that the 
membership of said association is less than two hundred, or that 
the last mortuary assessment upon the members of said association 
produced less than five hundred dollars for mortuary benefits, it 
shall decree the dissolution of the corporation and a distribution of 
its funds and effects. 

§ 14. Any corporation, association or society organized under 
any law of this State, and amenable to the provisions of 
this act, may also voluntarily dissolve its organization by a 
two-thirds vote of its entire membership, at any meeting called 
to consider such question by a written or printed notice sent to 
each member or certificate holder at least thirty days prior to the 
day fixed for said meeting. When a final dissolution has been 
agreed upon the directors, trustees or managers shall first pay all 
the debts and obligations of the corporation, association or society 
out of the funds of the corporation, and distribute the remainder 
among all the certificate holders in good standing at the date of 
—14 



210 INSURANCE, LIFE. 



such meeting in proportion to the amount of benefit named in the 
certiiicate of each. No such distribution shall, however, be made 
until the directors, trustees or managers shall have filed a state- 
ment under oath, in the office of the recorder of deeds in the county 
where the business office is located, that all debts of the corporation, 
association or society are paid. And in case a distribution shall be 
made before filing such statement under oath, or if such statement 
shall be willfully false, tbe trustees, directors or managers shall be 
jointly and severally liable for the debts of such corporation, asso- 
ciation or society. It shall also be lawful for the trustees, directors 
or managers, wlaen a final dissolution has been agreed upon in the 
manner above provided, to apply the funds of such corporation, 
association or society remaining after paying all its debts, to the 
transfer of its members to any other corporation, association or 
society authorized under this act to transact business in this Slate, 
and to distribute the remainder, if any, as hereinbefore provided : 
Provided, however, that such transfer shall be by contract with the 
organization to which such transfer is to be made, and the said 
contract of such transfer shall first be submitted to and approved 
by a two-thirds vote of its members at the meeting herein provided 
for. And in case said transfer shall be approved, every certifi- 
cate holder of the said corporation, association or society who shall 
file with the secretary thereof, within five days after said meeting, 
written notice of his preference to be transferred to some other cor- 
poration than that named in the contract, shall be accorded all the 
rights and privileges, if any, in aid of such transfer as would have 
been accorded under the terms of the said contract had he been 
transferred to the corporation named therein, and should any certi- 
ficate holder not desire to be transferred to any other corporation, 
association or society he shall be entitled to and shall receive such 
proportionate share of the funds of such corporation, association or 
society as is herein provided for in case; of dissolution without trans- 
fer of members. And it shall not be lawful for any corporation, 
assbciation or society to transfer its members to any other corporation, 
association or society except as herein provided. When a final dis- 
solution has been agreed upon, and all the debts and obligations 
of such corporation have been paid, and its funds distributed or 
its members transferred as herein provided for, the directors, trus- 
tees or managers shall file in the office of the Secretary of State a 
certificate thereof, under the seal of the corporation, stating fully 
all the acts performed under the provisions hereof. And upon the 
filing of said certificate such corporation shall cease to exist. 

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



INSURANCE, LIFE. 211 



in the county jail located in the county where the conviction is se- 
cured, until such fine is paid, not exceeding thirty days for each 
conviction. 

§ 16. The first statement to the Auditor of Public Accounts, as 
required under the provisions of section 9 of this act, shall be made 
on or before the first day of September, A. 1). 1883, and shall embrace 
all the facts required by the provisions of this act, from the date of 
organization up to the thirty-first day of December, A. D. 1882. 
Any corporation, association or society failing or refusing to make 
the statement required by this section within the time specified, 
shall be proceeded against in the same manner and shall be sub- 
ject to the same penalty as provided in section 12 of this act. 

§ 17. Any corporation, association or society organized under the 
laws of any other State or government, except secret societies having 
subordinate lodges or councils, and which are now permitted to do 
business in this State for the purpose of furnishing life, accident 
or permanent disability indemnity upon the assessment plan, where 
benefits are paid to such as have an insurable interest only, or 
that is carrying on the business of life or accident insurance on 
the assessment plan, as provided in section 1, complying with the 
provisions of this act, shall be licensed by the Auditor of Public 
Accounts, upon the payment to him of a fee of ^25, to do business 
in this State, provided such corporation, association or society shall 
first deposit with the said Auditor a certified copy of its charter or 
articles of incorporation, a copy of its statement of business for the 
preceding year, sworn to by its president and secretary, or like 
officers, showing a detailed account of expenses and income, the 
amount of life indemnity in force, its assets and liabilities in detail, 
number of members, and a certificate sworn to by the president 
and secretary, or like officers, setting forth that an ordinary assess- 
ment upon its members is sufficient to pay its maximum certificate 
of membership to the full limit named therein ; a certificate from 
the State official charged with the enforcement of the insurance 
laws, or, if there be no such official, a certificate from the Attorney- 
General of its home State, certifying that corporations, associations 
or societies furnishing life indemnity on the assessment plan, and 
whose ordinary assessments are sufficient to pay its maximum cer- 
tificate in full, and are chartered under the laws of this State, are 
legally entitled to do business in its home State ; a copy of its 
policy or certificate of membership, application and by-laws, which 
must show that death losses are in the maih provided for by 
assessments upon the surviving members ; and it shall legally desig- 
nate a person or agent residing in this State, to receive service of 
process for said corporation, or in default of such designation, ser- 
vice of process may be made upon the Auditor of Public Accounts 
of Illinois, who shall be deemed its agent for that purpose, and he 
shall immediately notify any corporation thus served. The license 
herein provided for shall be revoked by the Auditor of Public Ac- 
counts whenever, upon investigation, he is satisfied that such cor- 
poration is not paying or able to pay the maximum amount named 
in its certificates or policies in full. When any such license is 



212 INSUBANCK, LIFE. 



revoked, the Auditor shall give notice thereof by mail to the presi- 
dent and secretary of the corporation, and publish a notice thereof 
in a newspaper of general circulation published in the city of 
Springfield, and no new business shall be thereafter done by it or 
its agents in this State. When the laws or the rulings of the insur- 
ance officials of any other State or country shall impose any obli- 
gation upon any such corporation of this State or its agents, the 
like obligation shall be imposed on similar corporations and their 
agents of such State or country doing business in this State. 

§ 18. Such corporations, associations or societies shall pay to 
the said Auditor, upon filing each annual statement, a fee of 
$10; and in the avent of its failure to make such statement on 
on or before the first day of March of each year, the Auditor shall 
revoke its license, and thereafter, or until such statement is made, 
it shall be deemed to be doing business unlawfully in this State. 
When the Auditor of Public Accounts shall have reason to doubt 
the solvency of any foreign corporation, association or society act- 
ing under the provisions of this act, and when he is not fully sat- 
isfied with the certificate of the insurance commissioner, or other 
like officer, he may proceed to make an examination as provided 
in this act for the examination of corporations organized in this 
State ; and should he find that it has made fraudulent or untrue 
statements, or that it is conducting its business in an irregular and 
illegal manner, or if he shall be of the opinion that any such cor- 
poration is in this State conducting its business fraudulently, or is 
not in good faith carrying out its contracts with its members in 
this State, he shall report the same to the Attorney General, who 
shall thereupon commence proceedings, by writ of quo ivarranto, 
against such corporation or association, requiring it to show cause 
why its license to do business in this State should not be revoked. 
And any such foreign corporation or association now doing business 
in this State, that shall refuse or neglect to comply with the pro- 
visions of this act within the space of ninety days after passage 
thereof, shall be deemed to be doing business unlawfully; and if 
any officer, agent or employe of any such corporation or associa- 
tion shall do business in this State, or assist in, or knowingly per- 
mit the same, unless such corporation or association has complied 
with the provisions of the laws of this State applicable to the same, 
he shall be deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be fined not less than |50 nor more than $1,000, or 
be imprisoned in the county jail not less than thirty days nor more 
than one year, or both, in the discretion of the court. 

§ 19. All laws or parts of laws in conflict with this act are 
hereby repealed. 

Appkoved June 16, 1887. 



JUDGMENTS AND EXECUTIONS. 213 



JUDGMENTS AND EXECUTIONS. 



IMPRISONMENT FOR DEBT. 

§ I. Amends section 65, act of 1872, by providing that no person shall be imprisoned for a 
longer period than six months. 

An Act to amend section sixty-five of an act entitled "An act in regard 
to judfiments and decrees, and the manner of enforcing the same by 
execution, and to provide for the redemption of real estate sold under 
execution or decree," approved March 22, 1S72, in force July 1, 1872. 

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

"Section 65. When a debtor shall.be arrested by virtue of an 
execution against his body he shall be conveyed to the county jail 
of the county of the officer who made the arrest, and kept in safe 
custody until he shall satisfy the execution or be discharged accord- 
ing to law. Immediately upon the arrest of the defendant the officer 
making the same shall give notice thereof to the plaintiff, his agent 
or attorney, if in the county : Provided, that no person heretofore 
or hereafter imprisoned under the provisions of this act, shall be 
imprisoned for a longer period than six months from the date of 
arrest. And all persons imprisoned under the provisions of this act 
for the period of one or more years at the time this act takes effect 
shall thereupon be immediately discharged : Provided, however, that 
no person shall be released from imprisonment under this act who 
neglects or refuses to schedule in manner and form as provided by 
'An act concerning insolvent debtors,' approved April 10, 1872, in 
force July 1, 1872." 

Approved June 17, 1887. 



PERSONAL PROPERTY. 

§ 1. Amends section 40, act of 1872, by adding the proviso. 

An Act to amend section 40 q/ an act entitled "An act in regard to 
judgments and decrees, and the manner of enforcing the same by 
execution, and to provide for the redemption of real estate sold under 
execution or decree," approved March 22, 1872, in force July 1, 1872. 

Section 1. Be it enacted by the People of the State of , Illinois, 
represented in the General Assembly: That section 40 of an act entitled 
"An act in regard to judgments and decrees, and the manner of 



2i4 



JURY COMMISSIONERS. 



enforcing the same by execution, and to provide for the redemption 
of real estate sold under execution or decree," be and the same is 
hereby amended so as to read as follows : 

" Section 40. All goods and chattels, real and personal, may be 
taken and sold on execution, except as otherwise provided by law : 
Provided, that when any officer shall levy an execution on live stock, 
or other personal property, and the same shall not be immediately 
replevied or restored to the debtor, such officer shall provide suffi- 
cient sustenance for the support of such live stock, and shall pro- 
vide for the proper care and storage of such personal property, 
until the same shall be replevied, sold or discharged from such 
execution ; said officer shall receive a reasonable compensation there- 
for to be ascertained and determined by the court out of which the 
writ issued, or any judge thereof in vacation, to be advanced to him 
from time to time by the plaintiff in the execution, and the amount 
of such compensation shall be collectable as a part of the costs in 
the case." 

Approved June 16, 1887. 



JUKY COMMISSIONERS. 



APPOINIMENT. 



Petition tor appointment; submitted 
to A'ote in the county; in ease of 
favorable result at such election, ap- 
pointment; term of otiice; oath of 
office ; bond ; renewal tor cause. 

Board shall prepare list of jurors. 

Duties of tlie board; assistants and 
clerks ; deputy commissioners. 



§ 4. 

§ 5. 



§ 6. 



Selection of grand and petit juries. 

Grand jury; names checked off jury 
list. 

Compensation of commissioners, de- 
puties, clerks ; otfice expenses, etc. 



An Act entitled an act to authorize judges of courts of record to appoint 
jury commissioners and prescribing ilieir poioers and duties. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That upon the petition of not 
less than one thousand electors of any county in this State, pray- 
ing for the appointment of a jury commission for such county, the 
judges of the several courts of record of such county, or a majority 
of them, may in their discretion, cause the question of the appoint- 
ment of such commission to be submitted to the vote of the electors 
of said county, on Tuesday after the first Monday of November, 
A. D. 1887, on not less than thirty days notice, prescribing the 
form of ballot, and the place and time of such election and stating 
the object thereof; said election to be conducted, returned and can- 
vassed in the same manner and by the same officers prescribed by 
law in cases of general elections in such county; and if it shall 



JURY COMMISSIONERS. 215 



appear that a majority of the votes cast upon this question at such 
election is in favor of a jury commission in such county, then the 
said judges, or a majority of them, may choose three competent 
and discreet electors who shall not be by law excempt or disquali- 
fied from serving as jurors, and who shall be known as jury com- 
missioners. Of the first three so chosen, one shall hold his office 
for one year, one for two years and one for three years, to be de- 
termined by lot, and every year thereafter one such officer shall be 
so chosen for the term of three years. Each of said commissioners 
before entering upon the duties of his office shall take and sub- 
scribe to an oath of office before one of said judges, and shall exe- 
cute a bond to the People of the State of Illinois, in such sum and 
with such sureties as shall be required by such judge, and be by 
him approved, conditioned for the faithful discharge of his duties 
as such commissioner during his term of office. The majority of 
the judges of such county may remove either of such commissioners, 
assigning reasons therefor. 

§ 2. The said commissioners, upon entering upon the duties of 
their office, and each year thereafter, shall prepare a list of all elect- 
ors between the ages of twenty-one and sixty years, and possessing 
the necessary legal qualifications for jury duty, to be known as the 
jury list. The name of each person on said list shall be entered in 
a book or books to be kept for that purpose, and opposite said name 
shall be entered the age of said person, his occupation, if any, his 
place of residence, giving street and number, if any, whether or not 
be is a householder, residing with his family, and whether or not 
he is a freeholder. 

§ 3. The said commissioners are empowered to provide a suitable 
room or rooms in which to transact their business, and with the ap- 
proval of the judges or a majority of the same, to appoint a clerk 
and the requisite number of assistants. The clerk, if there be one, 
shall be on duty at the room or rooms of said commissioners each 
day during the sessions of the court ; if there be no clerk, then one, 
at least, of said commissioners shall, in like manner, be present, if 
so ordered by the court. The said commissioners shall have^ power, 
with the approval of the judge or judges, to appoint a competent 
elector in each or any voting precinct or district, who shall be known 
as deputy jury commissioners, and whose duty it shall be to furnish 
said jury commissioners, from time to time, as required, a list of 
the qualified electors residing in said voting precinct or district, 
and such other information as may be required by said jury commis- 
sioners. 

§ 4. The said jury commissioners shall, from time to time, select 
from said jury list the requisite number of names, which shall each 
be written on a separate ticket, with the age, place of residence and 
occupation of each, if known, the whole to be put into a box to be 
kept for that purpose and to be known as the jury box. In like 
manner they shall select the necessary number of names from said 
jury list and from among those who are freeholders and household- 
ers residing with their families, whose names shall each be written 
on a separate ticket, with the age, place of residence and occupa- 
tion of each, if known, and put the whole into another box to be 



216 JURY COMMISSIONERS. 



kept for that purpose, and known as the ground [grand] jury box. The 
jurors so selected shall, as near as may be, be residents of different 
parts of the county, and of different occupations. And one or more 
of the judges of said court shall certify to the clerk of the court 
the number of jurors required at each term. The said clerk shall 
then repair to the office of the jury commissioners, and in the pres- 
ence of at least two of said commissioners and also in presence of 
the clerk of said commissioners, if there be one, proceed to draw at 
random from said jury box, after the same shall have been well 
shaken, the necessary number of names, and shall certify the same 
to the sheriff, to be by him summoned according to law. If more 
jurors are needed during said term the court shall so certify, and 
they shall be drawn and summoned as above provided, forthwith. 

§ 5. Whenever a grand jury shall be required by law, or by order 
of the judge, they shall be drawn from the grand jury box and sum- 
moned in like manner as provided in the last section. At the end 
of each term of court the said jury commissioners shall ascertain 
the names of all persons who have served and all who have been 
excused as jurors during said term, and the names of such as have 
served shall then be checked off from the said jury list and shall 
not again be placed in either jury box until all others on said list 
shall have served, or been found to be disqualified or exempt, and 
the names of all who have been excused shall again be placed in the 
jury box. 

§ 6. The said jury commissioners, deputy jury commissioners, 
clerks and assistants shall be paid for their services by the county 
treasurer, of the several counties, such compensation as shall be 
fixed by the county board, upon warrants drawn by the clerk of the 
county board. The office expenses of said jury commissioners shall 
be paid in like manner : Provided, hoivever, that the compensation 
of any such commissioner, deputy or clerk shall not exceed the sum 
of $2,000 per annum : Provided, further, that in counties of the first 
class the compensation of said jury commissioners and deputies 
shall not exceed ten dollars each per annum ; and in counties of the 
second class it shall not exceed fifty dollars each per annum ; and in 
counties of the third class it shall not be less than five hundred 
dollars each per annum. 

Approved June 15, 1887. 



JUSTICES AND CONSTABLES. 217 



JUSTICES AND CONSTABLES. 



APPEALS. 

§ 1. Amends sec. 62, act 1872, as amended 1881, by inserting the words "and police magis- 
trates." 

An Act to amend section sixty-two as amended May 30, 1881, iw force 
May 30, 1881, of "An act to provide for the election and qualifica- 
tion of justices of the peace and constables, and to provide for tlie 
jurisdiction and practice of justices of the peace in civil cases, and 
fix the duties of constables, and to repeal certain acts therein named,''' 
approved April 1, 1872, in force Jidy 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section sixty- two as 
amended May 30, 1881, in force May 30, 1881, of "An act to pro- 
vide for the election and qualification of justices of the peace and 
constables, and to provide for the jurisdiction and practice of jus- 
tices of the peace in civil cases, and fix the duties of constables, 
and to repeal certain acts therein named," approved April 1, 1872, 
in force July 1, 1872, [be amended so that the same shall read as 
follows : ] 

"Section 62. Appeals from judgments of justices of the peace 
and police magistrates to the circuit or county court, if such juris- 
diction shall be conferred upon the county court by law, shall be 
granted in all eases except on judgments confessed, and in the 
county of Cook appeals may also be granted to the superior court 
of said county: Provided, the party praying for an appeal shall, 
within twenty days from the rendition of the judgment from which 
he desires to take an appeal, enter into bond with security to be 
approved and conditioned- as hereinafter provided, in substance as 
follows : 

Know all men by these presents, that we. A, B., and C. D., are 
held and firmly bound unto E. F. in the penal sum of (here insert 
double the amount of judgment and costs), lawful money of the 
United States, for the payment of which well and truly to be made, 
we bind ourselves, our heirs and administrators jointly, severally 
and firmly by these presents. 

Witness our hand and seal this day of 18 . . 

The condition of the above obligation is such that whereas the 

said E. F. did on the day of , A. D, 18 . . , before 

, a justice of the peace or police magistrate for 

district, city or village, recover a judgment against the 

above bonded A. B. for the sum of dollars (or for costs as 

the case may be) from which judgment the said A, B has 

taken an appeal to the court in the county of 

Now if the said A. B. shall prosecute his appeal with effect, and 
pay whatever judgment may be rendered against him by said court 
upon the trial of said appeal, or by consent, or in case the appeal 
is dismissed, or in case the matter in controversy is settled between 



218 LTBRAKIES, 



the parties to the suit without a trial by the courb appealed to, will 
pay the judgment rendered against him by said justice or police 
magistrate, and all costs that have been made before the justice or 
police magistrate, and all costs occasioned by said appeal, (or if 
the judgment appealed from is in favor of the appellant, omit the 
words judgment rendered against him by said justice or police 
magistrate), then the above obligation to be void, otherwise to 
remain in full force and effect. 

A. B. [seal.] 
C. D. [seal. J 

Approved by me this day of , A. D. 18 . . 

Approved June 13, 1887. 



LIBRAEIES. 



IN CITIES, TOWNS AND VILLAGES 

§ 1. Amends sec. 1 of the act of 1872, as amended in 1883, by increasing the amount of tax 
which maybe levied in cities of less than 100, "OO inhabitants to two mills on the 
dollar. 

An Act to amend section one (1) of "An act to authorize cities, incorpo- 
rated towns and townships to establish and maintain free public 
libraries and reading rooms,'' approved and in force March 7, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section one (1) of "An act 
to authorize cities, incorporated towns and townships to establish 
and maintain free public libraries and reading rooms," approved 
and in force March 7, 1872, be amended so that the same shall 
read as follows : 

"Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the city council of each 
incorporated city shall have the power to establish and maintain a 
public library and reading room for the use and benefit of the in- 
habitants of such city, and may levy a tax of not to exceed two 
mills on the dollar annually, . on all the taxable property in the 
city ; such tax to be levied and collected in like manner with the 
general taxes of said city, and to be known as the library fund : 
Provided, that in cities of over one hundred thousand inhabitants 
such tax shall not exceed one-half of a mill on the dollar annually ; 
and the said annual library taxes in cities of over one hundred 
thousand inhabitants shall not be included in the aggregate amount 
of taxes as limited by section one (1) of article eight (8) of "An 
act for the incorporation of cities and villages,' approved April 10, 
1872, and the amendatory acts thereto." 

Approved June 17, 1887. 



LIENS. 219 



LIENS. 



MECHANICS — STATEMENT OF ACCOUNT. 

§ 1. Amends section 4 by requiring creditors I § 62. The owner of property may reauire 
or contractors to file statement of ac- I suit to be brought in 30 days. 



count before suit can be brouglat. 
Amends section 28 by requiring that 
the statement and claim as provided 
in section 4 shall be in four months ; 
suit thereon [shall be begun in two 
years. 



§ 53. Circiiit clerks shall keep record of 
claims. 

§ 54. Satisfaction of claim, when paid. 



An Act to amend sections four and twenty-eight, and add sections fifty - 
two, fijty -three and fifty -four to "An act to revise the laiv relating to 
liens" in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section four and section 
twenty-eight of an act entitled "An act to revise the law relating to 
liens," in force July 1, 1874, be amended as follows; and that said 
act be further amended by adding thereto three additional sections, 
known as sections fifty-two, fifty-three and fifty-four, as hereinafter 
provided : 

"Section 4. Every creditor or contractor who wishes to avail 
himself of the provisions of this act shall file with the clerk of the 
circuit court of the county in which the building, erection or other 
improvement to be charged with the lien is situated, a just and 
true statement, or account or demand due him after allowing all 
credits, setting forth the times when such material was furnished 
or labor performed, and containing a correct description of the 
property to be charged with the lien, and verified by an affidavit. 
Any person having filed a claim for a lien as provided in this sec- 
tion may bring a suit at once to enforce the same by bill or petition 
in any court of competent jurisdiction in the county where the 
claim for a lien has been filed." 

"Section 28. No creditor shall be allowed to enforce a lien 
created under the provisions of this act as against or to the preju- 
dice of any other creditor, or incumbrance or purchaser, unless a 
claim for a lien shall have been filed with the clerk of the circuit 
court, as provided in section four of this act, within four months 
after the last payment shall have become due and payable. Suit 
shall be commenced within two years after filing such claim with 
the clerk of the circuit court, or the lien shall be vacated." 

"Section 52. Upon the written demand of the owner or his agent, 
or any person interested in said real estate, served on the person 
or his agent claiming the lien, requiring suit to be commenced to 
enforce the lien, such suit shall be commenced within thirty days 
thereafter or the lien shall be forfeited. 

"Section 53. The clerk of the circuit court where such lien shall 
be filed shall endorse on every such claim for a lien filed, the date 
of filing, and make an abstract thereof in a book kept for that pur- 
pose, and properly indexed, containing the name of the person 
filing the lien, the amount of the lien, the date of filing, the name 



220 



LIENS. 



of the pers'm against whom the lien is filed, and a description o^ 
the property charged with the lien, and for which the person filing 
the lien shall pay one dollar to the clerk. 

"Section 54. Whenever a lien has been claimed by filing the 
same with the clerk of the circuit court, and is afterwards paid, the 
person filing the same shall acknowledge satisfaction thereof in the 
proper book in such office in writing, and on neglect to do so for 
ten days after the claim has been paid, he shall forfeit to the owner 
the sum of twenty-five dollars." 

Approved May 31, 1887. 



MECHANICS — SUB-CONTRACTORS. 



§1. Amendssecs. 29and30, aetof T874,bymak- § 2. Repeals certain sections, 
ing them conform to the provisions 
of section 35 as amended by this act. 
Amends section 35 by requiring origi- 
nal contractors, wnen any money is 
due and is to be drawn from the 
owner, to make sworn statements; 
and the owner shall retain the amount 
due to sub-contractors for work and 
materials. No liens shall accrue un- 
til statement is furnished; owner 
liable to sub-contractor if payment 
is made without such statement; 
penalties. 

An Act to amend sections twenty-nine (29), thirty (30) and thirty-five 
(35), and to repeal sections thirty-six (SQ), forty-two (42), forty-three 
(43) and forty -four (44) of an act entitled ''An act to revise the law 
in relation to liens,'" approved March 25, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections twenty-nine (29), 
thirty (30) and thirty-five (25) of an act entitled "An act to revise 
the law in relation to liens," approved March 25, 1874, in force 
July 1, 1874, be so amended as to read as follows : 

"Section 29. Sub-contractors, Mechanics, Workmen, etc. Every 
sub-contractor, mechanic, workmen, or other person, who shall 
hereafter, in pursuance of the purposes of the original contract 
between the owner of any lot or piece of ground, or his agent and 
the original contractor, perform any labor or furnish any materials 
in building, altering, repairing, beautifying or ornamenting any 
house or other building or appurtenance thereto, on such lot or on 
any street or alley and connected with such building or appurte- 
nance, shall have a lien for the value of such labor and materials 
upon such house or building and appurtenances, and upon the lot 
or land upon which the same stands, to the extent of the right, 
title and interest of such owner at the time of making the original 
coatract for such house or the improvement, but the aggregate of 
all the liens hereby authorized shall not exceed the price stipulated 



LIENS. 221 



in the original contract between such owner and the original con- 
tractor for such improvements. In no case shall the owner be com- 
pelled to pay a greater sum for or on account of such house, 
building or other improvement than the price or sum stipulated in 
said original contract or agreement, unless payments be made to 
the original contractor, or to his order, in violation of the rights 
and interests of the persons intended to be benefited by section 35 
of this act : Provided, if it shall appear to the court that the owner 
and contractor fraudulently, and for the purpose of defrauding sub- 
contractors, fixed an unreasonably low price in their original con- 
tract for the erection or repairing of such building, then the court 
shall ascertain how much of a difference ezists between a fair price 
for the labor and material used in said building or other improve- 
ments and the sum named in said original contract. Said difference 
shall be considered a part of the contract, and be subject to a lien, 
but in no case shall the original contractors' time or profits be 
secured by this lien only so far as the sum named in the original 
contract or agreement. 

"Section 30. Notice — Form. The person performing such labor 
or furnishing such material shall cause a notice in writing to be 
served on such owner or his . agent, substantially in the following 
form : 

To : You are hereby notified that I have been 

enployed by to (here state whether to labor or 

furnish material, and substantially the nature of the undertaking or 
demand) upon your (here state the building and where situated in 
general terms), and that I shall hold the (building, or as the case 
may be,) and your interest in the grounds liable for the amount 
that (is or may become) due me on account thereof. 

Date Signature 

Provided, such notice shall not be necessary where the sworn state- 
ment of the contractor provided for in section 35 of this act shall 
serve to give the owner true notice of the amount due, and to whom 
due." 

"Section 35. The original contractor shall, whenever any pay- 
ment of money shall become due from the owner, or whenever he 
desires to draw any money from the owner, lessee or his agent on 
such contract, make out and give to the owner, lessee or his agent, 
a statement, under oath, of the number, name of every sub-con- 
tractor, mechanics or workmen in his employ, or person furnishing 
materials, giving their names and the rate of wages or the terms of 
contract, and how much, if anything, is due or to become due to 
them or any of them for work done or materials furnished, and the 
owner, lessee or his agent shall retain out of any money then due 
or to become due to the contractor an amount sufficient to pay all 
demands that are due or to become due such sub-contractors, 
mechanics and workmen or person furnishing materials, as shown 
by the contractor's statement, and pay the same to them, according 
to their respective rights, and all payments so made shall, as 
between such owner and contractor, be considered the same as if 
paid to such original contractor. Until the statement provided for 



222 LOCKS AND DAMS. 



in this section is made in manner and form as herein provided, the 
contractor shall have no right of action or lien against the owner 
on account of such contract, and any payment made by the owner 
before such statement is made, or without retaining sufficient money, 
if that amount be due or is to become due, to pay the sub-con- 
tractors, mechanics, workmen or persons furnishing materials, as 
shown by the statement, shall be considered illegal, and made in 
violation of the rights of the persons intended to be benefited by 
this act, and the rights of such sub-contractors, mechanics, work- 
men or persons furnishing material to a lien shall not be affected 
thereby. In order that the owner, lessee or his agent may be pro- 
tected, he may, at any time during the progress of the work, demand 
in writing of the contractor the statement herein provided for, which 
shall be made by the contractor and given to the owner, lessee or 
his agent, and if such contractor fail to furnish such statement 
within five days after demand made, he shall forfeit to such owner 
the sum of fifty dollars ($50) for every such offense, which may be 
recovered in any action of debt before any justice of the peace." 

§ 2. That sections thirty-six (36), forty-two (42), forty-three (43) 
and forty-four (44) of said act, and all other acts or parts of acts 
in conflict herewith, be and the same are hereby repealed. 



Approved June 16, 1887. 



LOCKS AND DAMS. 



IN ILLINOIS RIVER, CEDED TO UNITED STATES. 

§ 1. Cedes the locks and dams in the Illi- j § 2. Emergency, 
nois river to the United States upon 
conditions. I 

An Act to cede certain locks and dams in the Illinois river to the 

United States. 

Section 1. Be it enacted hij the People of the State of Illinois, 
represented in the General Assembly; That the locks and dams in 
the Illinois ri-cer, built by the State of Illinois, and all privileges 
and appurtenances belonging thereto, are hereby ceded to the United 
States upon the following express conditions, viz : The acceptance 
of this grant shall be construed as an agreement, on the part of 
the United States, to make the necessary improvements (to be 
determined by United States engineers) for a complete water-way 
for steam navigation (water seven (7) feet deep) from the Mississippi 
river to Lake Michigan, by way of the Illinois river, the Desplaines 
river, the Illinois and Michigan canal, or in part by each, or other- 
wise, as may be deemed most practical by said engineers. A further 
condition is, that when said improvements shall be completed, the 



LUNATICS. 



223 



water-way opened thereby shall be maintained for commercial pur- 
poses, to be used by all persons without distinction, subject to such 
rules and regulations as Congress may prescribe. 

§ 2. Whereas the subject matter of this bill is now pending 
before Congress, an emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 

Appeoved May 31, 1887. 



LUNATICS. 



CONSERVATOKS. 



§ 1. Amends the act of 1874, by adding Ave 
sections and amending tiie title. 

Section 24. Appointment of conserva- 
tors. 

Section 25. Bond; powers and duties. 

Section 26. Eemoval of conservator 
upon tlie restoration of lunatic. to 
health. 



Section 27. Notice of application for 
removal. 

Section 28. Trial by jury; verdict, set- 
tlement of accounts of conservators. 

Section 29. Costs taxed against con- 
servator. 

Section 30. Appeals. 



An Act to amend an act entitled "An act to revise the law in relation 
to the commitment and detention of lunatics,'' approved March 21, 
1874, in force July 1, 1874, hy amending the title thereof, and by 
addijig additional sections to be knoivn as sections 24, 25, 26, 27, 
28, 29 and 30. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That "An act to revise the law 
in relation to the commitment and detention of lunatics," approved 
March 21, 1874, in force July 1, 1874, be amended by adding addi- 
tional sections to be known as sections 24, 25, 26, 27, 28, 29 and 
30, and that the title thereof be amended so as to read as follows : 
"An act to revise the law in relation to the commitment and deten- 
tion of lunatics, and to provide for the appointment of, and removal 
of conservators." 

" Section 24. That when it shall appear to the court, upon any 
trial wherein any person may be adjudged insane under the act to 
which this is an amendment, that any such person is the owner or 
possessed of any property, either real or personal, which, in the 
opinion of such court is in danger of waste or depreciation, it shall 
be the duty of the court to appoint some fit person to be the con- 
servator of such insane person ; or in case there is a probate court 
in the county then the court shall transmit to said probate court a 
duly certified copy of the record of the verdict of the jury finding 
said person insane, and upon presentation of the same said probate 
court shall in its discretion appoint some tit perspn to be conserva- 
tor of such insane person : Provided, that the petition for an inquest 
shall also apply for the appointment of a conservator and the 



224 LUNATICS. 



necessity for the appointment of such conservator shall first be found 
by the jury, and such trial shall be had before a jury composed of 
twelve jurors. 

" Section 25. That said conservator when so appointed shall give 
bond, qualify, have the same power and discharge the same duties 
as are now required by law of conservators in other cases. 

"Section 26. When any person for whom a conservator has been 
appointed as aforesaid shall be discharged from any hospital [in] 
which he or she may have been confined, and shall be restored to 
reason so as to be able to manage and control his or her property, 
such person may file his petition, in writing, in the county court of 
the county in which such conservator was appointed, to have such 
conservator removed and the care and management of his property 
restored to him." 

"Section 27. Notice of such application shall be given by service 
of summons as in other cases, ten days before the commencement 
of the term of court to which application shall be made. 

"Section 28. It shall be the duty of the court to which any such 
application is made, on proof that such conservator has been duly 
notified of such application, to cause a jury to be summoned to try 
the issue whether such applicant is so far restored to reason as to 
be a fit person to have the custody and control of his property, and 
if the jury returns in their verdict that such person is fit to have 
the custody of his property as aforesaid, the court shall enter an 
order removing such conservator and fully restoring such person to 
all rights and privileges enjoyed by him before the appointment of 
such conservator: Provided, that such conservator so removed shall 
be allowed a reasonable time to settle his accounts as such, and 
pay all debts contracted by him, and pass over the money or prop- 
erty remaining in his hands, and such removal shall not invalidate 
any contracts made in good faith by such conservator while acting 
as such. 

"Section 29. The costs of proceedings under this act for the re- 
moval of conservators, including the fees of the jury, shall be taxed 
against such conservator, to be paid by him out of the money or 
property in his hands. 

"Section 30. Appeals shall be allowed to the circuit court from 
any order or judgment made or rendered under this act, upon the 
applicant giving such bond and security within such time as the 
court may direct." 

Approved June 15, 1887. 



MAERIAGES — MEDICIKE AND SUEGEEY. 



225 



MAERIAGES. 



BETWEEN COUSINS, PEOHIBITED. 

§ 1. Amends section 1 of the act of 1874, by prohibiting the marriage of cousins of the first 

degree. 

An Act to amend section one of "An act to revise the law in relation 
to marriages,^' approved February 27, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section one of "An act to 
revise the law in relation to marriages," approved February 27, 1874, 
in force July 1, 1874, be amended to read as follows : 

"Section 1. That hereafter marriages between parents and children, 
including grand-parents and grand-children of every degree, between 
brothers and sisters of the half, as well as the whole blood, between 
uncles and neices, aunts and nephews, and between cousins of the 
first degree, are declared to be incestuous and void. This section 
shall extend to illegitimate as well as legitimate children and rela- 
tions." 

Appeoved June 15, 1887. 



MEDICINE AND SUEGEEY. 



peactice eegulated. 



§ 1. 

§2. 

§ 3. 
§ 4. 

§ 5. 

§ 6. 

§ 7. 



Certificate of State Board of Health. 

Organization and duties of tlie Board 
of Health. 

Diplomas, verification. 

Examinations by the board, of non- 
graduates. 

Certificates shall be recorded in county 
clerk's office. 

Eecords of the county clerk. 

Fees for examination of non-gradu- 
ates. 



§ 8. Examinations, how conducted. 

§ 9. Unprofessional conduct; withholding 
or revocation of certificates ; appeals. 

§ 10. Definition of this act. 

§ 11. Itinerant vendors; license; penalties. 

§ 12. Penalties for practicing without cer- 
tificate. 

§ 13. Enforcing penalties ; appeals. 

§ 14. Eepeals. 



An Act to regulate the practice of medicine in the State of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That no person shall practice 
medicine in any of its departments in this State unless such per- 
son possesses the qualifications required by this act. If a graduate 
in medicine, he shall present his diploma to the State Board of 
Health for verification as to its genuineness. If the diplcma is 
—15 



226 . MEDICINE AND SURGERY. 



found genuine, and from a legally chartered medical institution in 
good standing, and if the person named therein be the person 
claiming and presenting the same, the State Board of Health shall 
issue its certificate to that effect higned by all of the members 
thereof, and such certificate shall be conclusive as to the right of 
the lawful holder of the same to practice medicine in this State. 
If not a graduate, the person practicing medicine in this State shall 
present himself before said board and submit himself to such ex- 
amination as the board may require, and if the examination be 
satisfactory to the board, the said board shall issue its certificate in 
accordance with the facts, and the lawful holder of such certificate 
shall be entitled to all the rights and privileges herein mentioned, 

§ 2. The State Board of Health shall organize within three 
months after the passage of this act ; it shall procure a seal, and 
shall receive, through its secretary, applications for certificates and 
examinations ; the president and secretary shall have authority to 
administer oaths, and the board to take testimony in all matters 
relating to its duties ; it shall issue certificates to all who furnish 
satisfactory proof of having received diplomas or licenses from 
legally chartered medical institutions in good standing, as may be 
determined by the board; it shall prepare three forms of certificates, 
one for persons in possession of such diplomas or licenses, the second 
for candidates examined and favorably passed on by the board, and 
a third for persons to whom certificates may be issued as herein- 
after provided in section 12 of this act ; it shall furnish to the 
county clerks of the several counties a list of all persons receiving 
certificates. In selecting places to hold its meetings, it shall, as 
far as is reasonable, accommodate applicants residing in different 
sections of the State, and due notice shall be published of all its 
meetings for examination. Certificates shall be signed by all the mem- 
bers of the board, and the secretary of the board shall receive 
from the applicant a fee of five (5) dollars for each certificate issued 
to such graduate or licentiate. Graduates or licentiates in midwifery 
to pay the sum of two (2) dollars for each certificate. All such 
fees for certificates shall be paid by the secretary into the treasury 
of the board. 

§ 3. The verification of the diploma shall consist in the affidavit 
of the holder and applicant that he is the lawful possessor of the 
same, and that he is the person therein named. Such affidavit 
may be taken before any person authorized to administer oaths, 
and the same shall be attested under the hand and official seal of 
such officer, if he have a seal; and any person swearing falsely 
shall be deemed guilty of perjury and punished accordingly. Gradu- 
ates may present their diplomas and affidavits as provided in this 
act, by letter or by proxy, and the State Board of Health shall 
issue its certificate the same as though the owner of the diploma 
was present. 

§ 4. All examinations of persons, not graduates or licentiates, 
shall be made directly by the board, and the certificates given by 
the board shall authorize the possessor to practice inedicine and 
surgery in the State of Illinois. 



MEDICINE AND SURGERY. 227 



§ 5. Every person holding a certificate from the State Board of 
Health shall have it recorded in the office of the clerk of the county 
in which he resides, within three months from its date, and the 
date of recording shall be endorsed thereon. Until such certificate 
is recorded, as herein provided, the holder thereof shall not exer- 
cise any of the rights or privileges conferred therein to practice 
medicine. Any person removing to another county to practice shall 
record the certificate in like manner, in the county to which he 
removes, and the holder of the certificate shall pay to the county 
€lerk the usual fees for making the record. 

§ 6. The county clerk shall keep, in a book provided for the 
purpose, a complete list of the certificates recorded by him, with 
the date of the issue of the certificate. If the certificate be based 
on a diploma or license, he shall record the name of the medical 
institution conferring it, and the date when conferred. The register 
of the county clerk shall be open to public inspection during busi- 
ness hours. 

§ 7. The fees for the examination of non-graduates shall be as 
follows : Twenty (20) dollars for an examination in medicines and 
surgery; ten (10) dollars for an examination in midwifery only; 
and said fees shall be paid into the treasury of the board. If an 
applicant fails to pass said examination his or her fee shall be 
returned. Upon successfully passing the examination the certificate 
of the board shall be issued to the applicant without further charge. 

§ 8. Examinations may be made in whole or in part in writing, 
and shall be of an elementary and practical character, but suf- 
ficiently strict to test the qualifications of the candidate as a 
practitioner. 

§ 9. The State Board of Health may refuse to issue the certificates 
provided for in section 2, to individuals guilty of unprofessional or 
dishonorable conduct, and it may revoke such certificates for like 
causes. In all cases of refusal or revocation, the applicant may 
appeal to the Governor, who may affirm or overrule the decision of 
the board, and this decision shall be final. 

§ 10. Any person shall be regarded as practicing medicine, 
within the meaning of this act, who shall treat, operate on, or 
prescribe for any physical ailment of another. But nothing in this 
act shall be construed to prohibit services in cases of emergency or 
the domestic administration of family remedies. And this act thall 
not apply to commissioned surgeons of the United States Army, Navy or 
Marine Hospital Service in the discharge of their official duties. 

§ 11. Any itinerant vendor of any drug, nostrum, ointment or 
appliance of any kind, intended for the treatment of disease or 
injury, or who shall, by writing or printing or any other method, 
profess to cure or treat disease or deformity, by any drug, nostrum, 
manipulation or other expedient, shall pay a license of one hundred 
(100) dollars per month into the treasury of the board, to be col- 
lected by the State Board of Health in the name of the People, of 
the State of Illinois for the use of said Board of Health, and it 
shall be lawful for the State Board of Health to issue such license 
on application made to the State Board of Health, such license to 



228 MEDICINE AND SURGERY. 



be signed by the president of the board, and attested by the sec- 
retary of the board with the seal of the board. Any such itinerant 
vendor who shall vend or sell any such drug, nostrum, ointment or 
appliance without having a license so to do, shall, if found guilty, 
be lined in any sum not less than one hundred dollars and not 
exceeding two hundred dollars, for each offense, to be recovered in 
an action of debt before any court of competent jurisdiction. But 
such board may, for suiScient cause, refuse such license. 

§ 12. Any person practicing medicine or surgery in the State 
without the certificate issued by this board in compliance with the 
provisions of this act, shall for each and every instance of such 
practice forfeit and pay to the people of the State of Illinois for 
the use of the said State Board of Health the sum of one hundred 
(100) dollars lor the first offense, and two hundred (200) dollars for 
each subsequent offense, the same to be recovered in an action of 
debt before any court of competent jurisdiction, and any person 
filing or attempting to file, as his own, the diploma or certificate of 
another, or a forged affidavit of identification, shall be guilty of a 
felony, and, upon conviction, shall be subject to such fine and im- 
prisonment as are made and provided by the statutes of the State 
for the crime of forgery : Provided, that all persons who have been 
practicing medicine continuously for ten years within this State 
prior to the taking effect of the act to which this is an amend- 
ment, and who have not under said original act obtained a certifi- 
cate from said Board of Health to practice medicine in this State, 
shall, on proper application to said Board of Health, receive such 
certificate, unless it shall be ascertained and determined by said 
Board of Health that the person so applying for a certificate is of 
immoral character or guilty of unprofessional or dishonorable con- 
duct, in which case said Board of Health may reject such applica- 
tion : And provided, that such application for a certificate shall be 
made within six months after the taking effect of this act, and all 
persons holding a certificate on account of ten years' practice shall 
be subject to all the requirements and discipline of this act, and 
the act to which this is an amendment, in regard to their future 
conduct in the practice of medicine the same as all other persons 
holding certificates ; and all persons not having applied for or re- 
ceived such certificate within six months after the taking effect of 
this act, and all persons whose applications have, for the causes 
herein named, been rejected or certificates revoked, shall, if they 
shall practice medicine, be deemed guilty of practicing in violation 
of law and shall suffer the penalties herein provided. 

§ 13. Upon conviction of either of the offenses mentioned in this 
act, the court shall, as part of the judgment, order that the defend- 
ant be committed to the common jail of the county until the fine 
and costs are paid, and, upon failure to pay the same immediately, 
the defendant shall be committed under said order : Provided, that 
either party may appeal in the same time and manner as appeals 
may be taken in other cases, except that where an appeal is prayed 
in behalf of the people, no appeal bond shall be required to be 
filed, whether the appeal be from a justice of the peace or from the- 
county or circuit court, or from the appellate court. But it shall 



MILITARY CODE. 229 



be sufficient in behalf of the people of the State of Illinois, for the 
use of the State Board of Health, to pray an appeal, and thereupon 
appeal may be had without bond or security. 

§ 14. All acts and parts of acts inconsistent or in conflict with 
this act, are hereby repealed. 

Approved June 16, 1887. 



MILITARY CODE. 



PAY OP ENLISTED MEN. 

§ 1. Amends section 1, article 8, act of 1879, by fixing the pay of enlisted men ; amends sec- 
tion 2, same article, by incz'easing the number of days while in camp. 

An Act to amend sections one and two, of article eight, of an act en- 
titled ''An act to j^rovide for the organization of the State militia, 
entitled 'The Military Code of Illinois,'' approved May 28, 1879, in 
force July 1, 1879," as amended by the act approved June 26, 1885, 
in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections one and two, of 
article eight, of "An act to provide for the organization of the State 
militia, entitled 'The Military Code of Illinois,' approved May 28, 
1879, in force July 1, 1879, as amended by the act approved June 
26, 1885, in force July 1, 1885, be and the same is hereby so amended 
as to read as follows : 

"article VIII. 

"Section 1. When in actual service for the suppression of riot and 
the enforcement of the laws, and when on duty under orders of the 
Commander-in-Chief, and it is so specified in said orders, officers of 
the Illinois National Gruard shall receive the same pay as provided 
by law for officers of the United States army of like grade, and the 
enlisted men of the Illinois National Guard shall receive two dollars 
($2.00) per day for each day's service actually so performed, said 
payment to be made on rolls prescribed by the Adjutant General. 

"Section 2. The officers and enlisted men of the Illinois National 
Guard shall receive one dollar ($1.00) for each day's service, with 
transportation and necessary subsistence, at any encampment au- 
thorized by law, and in going to and returning from the same, and 
while under orders of the Commander-in-Chief, or other proper au- 
thority, for the purposes and in the manner herein provided : Pro- 
vided, nothing in this act shall be construed as to allow pay to 
officers or men for more than 8 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." 

Approved June 15, 1887. 



230 MILLS AND DAMS — MINES AND MINERS. 



MILLS AND DAMS. 



LITTLE WABASH BIVEK. 

I 1. Canal Commissioners directed to re- I § 2. Appropriates S300 for the purpose. 
move the dam across the "Wabash ^ 3 jjow drawn 
river at New Haven. I " ' 

An Act to remove the dam across the Little Wabash River at New 
Haven, Gallatin county, Illinois, and for making an appropriation 
therefor. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the Canal Commissioners of 
the State of Illinois shall, within six months after this bill becomes 
a law, remove or cause to be removed the dam across the Little 
Wabash river at New Haven, Gallatin county, Illinois. 

§ 2. Be it further enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of three hundred 
dollars, or so much thereof as may be necessary, be appropriated 
out of the treasury out of any funds not otherwise appropriated, for 
the purpose of making such removal. 

§ 3. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer for the sum of 
three hundred dollars, or such a part of the same as may be re- 
quired, to the order of said Canal Commissioners, and the State 
Treasurer shall pay the same out of any funds in the State treasury 
not otherwise appropriated. 

Approved April 1, 1887. 



MINES AND MINERS. 



HEALTH AND SAFETY OF MINERS. 



S 1. Amends sections 3, 4, 6, 7, 8, 14, 16 of the 
act of 1879. 

§ 3. Escapement shafts and communica- 
tions; how constructed; when con- 
structed. 

§ 4. Ventilation ; examination for gases or 
obstmctions. 

§ 6. Hpisting apparatus ; persons under 14 
years and females of any age pro- 
hibited from working in mines. 



Hoisting signals. 

§ 7. Engineers in charge of hoisting [en- 
gine; regulation for hoisting and 
lowering persons in shaft. 

§ 8. Boilers in safe condition ; protection of 
entrances; underground traveling- 
ways ; sumps protected. 

§ 14. Damages for injuries or loss of life. 

§ 16. Timber for props and cap-pieces. 



MINES AND MINERS. 231 



An Act to amend section three (3) as amended June 18, 1883, in 
force July 1, 1883, and amended June 30, 1885, in force July 1, 
1885, section four (4) as amended June 21, 1883, in force July 1, 
18^3, and amended June 30, 1885, in Jorce July 1, 1885, section 
six {6) as amended June 18, 1883, in force July 1, 1883, section 
seven {?), section eight (8), section fourteen {14) and section sixteen 
{16) of an act entitled "An act to provide for the health and safety 
of persons employed in coal mines," approved May 28, 1879, in 
force July 1, 1879, as amended June 18, 1883, and June 21, 1883, 
in force July 1, 1883, and as amended June 30, 1885, in Jorce 
July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections three (3), four (4), 
six (6), seven (7), eight (8), fourteen (14) and sixteen (16) of "An 
act to provide for the health and safety of persons employed in 
coal mines," approved May 28, 1879, in force July 1, 1879, as 
amended June 18, 1883, and June 21, 1883, in force July 1, 1883, 
and as amended June 30, 1885, and in force July 1, 1885, be and 
are hereby amended to read as follows : 

"Section 3, In all coal mines that are, or have been, in opera- 
tion prior to the first day of July, 1879, and which are worked 
by or through a shaft, slope or drift, if there is not already an 
escapement to each and every said coal mine, or a communica- 
tion between every such coal mine and some other contiguous mine, 
then there shall be an escapement shaft or such other communication 
as shall be approved by the mine inspector, making at least two dis- 
tinct means of ingress and egress for all persons employed or permitted 
to work in such coal mine. Such escapement shaft or communica- 
tion with a contiguous mine, as aforesaid, shall be constructed in con- 
nection with every vein or stratum of coal worked in such mine, and 
all passage ways communicating with the escapement shafts or 
places of exit from main hauling way to the escapement shaft shall 
be at least five feet wide and five feet high. In all cases where 
the working face of one mine has by the agreement of adjacent 
owners been driven into the workings of another mine, the respec- 
tive owner of such mine while operating the same shall keep open 
a roadway at least five feet wide and five feet high, thereby form- 
ing a communication as contemplated in this act, and in no case 
hereafter shall the workings of any mine be driven closer than ten 
feet to the line of land of any adjacent owner without the written 
consent of such owner. And in all cases where the shaft of one 
mine bas been used or may be hereafter used as an air or escape- 
ment shaft for another mine, neither owner or operator shall close 
or obstruct his shaft or workings so as to prevent the use of the 
same as an escapement or air shaft without first giving one year's 
notice in writing to the other operator or owner of his intention to 
abandon his mine. But the operator continuing the working of his 
mine shall be at the expense of keeping such abandoned workings 
in repair ; each and every such escapement shaft shall be separated 
from the main shaft by such extent of natural strata as shall se- 
cure safety to the men employed in such mines ; and before any 
escapement shaft shall be located, or the excavations for.it begun. 



232 MINES AND MINEK8. 



the district inspector of mines shall be duly notified to appear and 
determine what shall be a suitable distance for the same ; the 
distance from main shaft for such escapement shaft shall not be 
less than 300 feet without the consent of the mine inspector, nor 
more than 300 feet without the consent of the operator. Such es- 
capement shafts as shall be equipped after the passage of this act 
shall be supplied with stairways, partitioned off from the main air- 
way, and having substantial handrails and platforms, and such 
stairways shall be built at an angle not greater than forty-five 
degrees : Provided, that in lieu of stairways such hoisting apparatus 
may be substituted as will insure the safe and speedy removal of 
persons employed in such mines in case of danger. No accumula- 
tions of ice shall be permitted in any escapement shaft nor any 
obstructions to travel upon any stairways or ladders. The time to 
be allowed for sinking such escapement shafts as are now required 
by law, shall be one year for sinking any shaft two hundred feet 
or less in depth, and one additional year, or pro rata portion there- 
of, for every additional two hundred feet or fraction thereof- Time 
shall be reckoned from the date on which coal is first hoisted from 
the original shaft for sale or use ; and it shall be the duty of the 
inspectors of mines to see that all escapement shafts are begun in 
time to secure their completion within the period here specified: 
And, provided further, that nothing in this section shall be construed 
to extend the time heretofore allowed by law for constructing es- 
capement shafts. 

"Section 4. The owner, agent or operator of every coal mine, 
whether operated by shaft, slope or drift, shall provide and main- 
tain for 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 downcast, and the same to be 
increased at the discretion of the inspector according to the char- 
acter 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. Whenever the inspector shall find men working without 
sufficient air, or under any unsafe conditions, he shall first give 
the operator a reasonable notice to rectify same, and upon his re- 
fusal so to do may himself order them out until said portions of 
said mine shall be put in proper condition. All mines in which 
men are employed shall be examined every morning by a duly 
authorized agent of the proprietor, to determine whether there are 
any dangerous accumulations of gas, or lack of proper ventilation, 
or obstructions to roadways,, or any other dangerous conditions, and 
no person shall be allowed to enter the mine until such examiner 
shall have reported all the conditions safe for beginning work. 
Such examiner shall make a daily record of the condition of the 
mine in a book kept for that purpose, which shall be open at all 
times to the examination of the inspector. The currents of air in 
mines shall be split so as to give a separate current to at least 



MINES AND MINERS. 233 



«very one hundred men at work, and inspectors shall have discre- 
tion to order a separate current for a smaller number of men if 
special conditions render it necessary. The ventilation required by this 
section may be produced by any suitable appliances, but in case a fur- 
nace shall be used f r ventilating purposes, it shall be built in such a 
manner as to prevent the communication of fire to any part of the works, 
by lining the upcast with incombustible material for a sufficient dis- 
tance up from said furnace : Provided, it shall not be lawful to use a 
furnace for ventilating purposes, or for any other purpose, that shall 
emit smoke into any compartment constructed in, or adjoining any 
hoisting shaft or slope where the hoisting shaft or slope is the only 
means provided for the ingress and egress of persons employed in said 
coal mines. That it shall be unlawful, where there is but one means of 
ingress and egress provided at a coal shaft or slope, to construct and 
use a ventilating furnace that shall emit smoke into a shaft, as an up- 
cast, where the shaft or slope used as a means of ingress and egress 
by persons employed in said coal mines is the only means provided 
for furnishing air to persons employed therein. 

"Section 6. The owner, agent or operator of every coal mine 
operated by shaft shall provide safe means of hoisting and lowering 
persons in a cage covered with boiler iron, so as to keep safe, so far 
as possible, persons descending into and ascending out of such 
shaft, and such cage shall be furnished with guides to conduct it 
on slides through such shaft, with a sufficient brake on every drum 
to prevent accident in case of the giving out or breaking of the 
machinery; and such cage shall be furnished with safety catches, 
intended and provided as far as possible to prevent the consequences 
of cable-breaking or the loosening or disconnecting of machinery. 
No person under the age of fourteen years, nor females of any age, 
shall be permitted to enter any mine to work therein ; and before 
any boy shall be permitted to work in any mine, he shall be re- 
quired to produce an affidavit from his parent or guardian, sworn 
and subscribed to before a justice of the peace or notary public, 
that said boy is fourteen years of age. Such affidavits of all the 
boys employed in any mine shall be produced upon the demand of 
the inspector. The owner, agent or operator of every coal mine 
operated by shaft and by steam power, shall place competent per- 
sons at the top and bottom of such shaft for the purpose of attend- 
ing to the signals while men are being lowered into or hoisted out 
of the mine ; they shall be at their post of duty at least thirty 
minutes before the hoisting of coal is commenced in the morning, 
and remain at least thirty minutes after the hoisting of coal has 
ceased at night. It shall also be their duty to see that the men 
do not carry any tools, timber or material with them on the cage, 
and that only the proper number of men are allowed upon the cage 
at one time. A sufficient light shall be furnished at the top and 
bottom of the shaft to insure as far as possible the safety of per- 
sons getting on or off the cage. The following code of signals 
between the top man, bottom man and engineer are prescribed for 
use at all mines operated by shaft and by steam power : 



234 MINES AND MINERS. 



FROM THE BOTTOM TO THE TOP. 

One bell shall signify to hoist coal or empty cage, and also ta 
stop either when in motion. 

Two bells shall signify to lower cage. 

Three bells shall signify that men are coming up. When return 
signal is received from the engineer, men will get on the cage and 
ring one bell to start. 

Four bells shall signify to hoist slowly, implying danger. 

FROM THE TOP TO THE BOTTOM. 

One bell shall signify all ready, get on the cage. 

Two bells shall signify send away empty cage. 

Provided, that the manager of any mine may add to this code of 
signals in his discretion for the purpose of promoting their efficiency, 
or the safety of the men, but any code which may be established 
shall be conspicuously posted at the top and bottom of the shaft 
and in the engine room. Any person neglecting or refusing to per- 
form the duties required to be performed by sections three, four, 
five, six, seven and eight of this act shall be deemed guilty of a 
misdemeanor and punished by fine in the discretion of the court 
trying the same, subject, however, to the limitations as provided by 
section ten of this act. 

" Section 7. No owner, agent or operator of any coal mine operated 
by shaft or slope shall place in charge of any engine whereby men 
are lowered into or hoisted from the mine, any other than compe- 
tent, experienced and sober engineers and firemen, and they shall 
not be less than eighteen years of age. No person shall ride upon a 
loaded cage or car used for hoisting purposes in any shaft or slope, and 
in no case shall more than twelve persons ride on any cage or car at 
one time, nor shall any coal be hoisted out of any coal mine while 
persons are descending into such mine. The number of persons per- 
mitted to ascend out of or descend into any coal mine at one time 
shall be determined by the inspector ; and they shall not be lowered 
or hoisted inore rapidly than six hundred feet per minute. Whenever 
a cage load of persons shall come to the bottom to be hoisted out, 
who have finished their day's work or otherwise been prevented from 
working, an empty cage shall be given them to ascend, except in 
mines having slopes or provided with stairways in escapement shafts. 

" Section 8. All boilers used in generating steam in and about coaL 
mines shall be kept in good order, and the agent, owner or operator, 
as aforesaid, shall have said boilers examined and inspected by a 
competent boiler maker or other qualified person as often as once every 
six months, and oftener if the inspector shall deem it necessary, and 
the result of every such examination shall be certified in writing to 
the mine inspector; and the top of each and every shaft, and the 
entrance to each and every intermediate working vein, shall be securely 
fenced by gates, properly protecting such shaft and entrance thereto ; 
and the entrance to every abandoned slope, air or other shaft shall be 



MINES AND MINERS. 235 



securely fenced off ; and every steam boiler shall be provided with a 
proper steam gauge, water gauge and safety valve ; and all under- 
ground, self-acting or engine planes, or gangways, on which coal cars 
are drawn and persons travel, shall be provided with some proper 
means of signaling between the stopping places and the ends of said 
planes or gangways, and sufficient places of refuge at the sides of 
such planes or gangways shall be provided at intervals of not more 
than twenty yards, and they shall be not less than six feet wide 
and six feet in depth, and shall be white-washed or otherwise dis- 
tinguished from the surrounding walls. The bottom of every shaft 
shall be supplied with a traveling-way to enable men to pass frona 
one side of the shaft to the other without passing under or over the 
cages. All sumps shall be securely planked over so as to prevent 
accidents to men." 

"Section 14. For any injury to person or property occasioned by 
any wilful violations of this act or wilful failure to comply with any 
of its provisions, a right of action shall accrue to the party injured 
for any direct damages sustained thereby ; and in case of loss of 
life by reason of such wilful violation or wilful failure, as aforesaid, 
a right of action shall accrue to the widow of the person so killed, 
his lineal heirs or adopted children, or to any other person or per- 
sons who were before such loss of life dependent for support on 
the person or persons so killed, for a like recovery of damages for 
the injuries sustained by reason of such loss of life or lives ; not to 
exceed the sum of five thousand dollars." 

"Section 16. The owner, agent or operator of every coal mine 
shall keep a supply of timber constantly on hand of sufficient length 
and dimensions to be used as props and cap-pieces, and shall de- 
liver the same as required, with the miners' empty car, so that the 
workmen may at all times be able to properly secure said workings 
for their own safety." 

Approved June 16, 1887. 



§ 1. Operators shall provide scales. 

§ 2. Weiffhman shall be appointed, and a 

record kept of each car; oath of 

weighman. 
§ 3. Check weighman may be appointed by 

miners at their own expense ; record ; 

oath. 



WEIGHING COAL AT MINES. 

§ 4. Fraudulent weights ; penalties. 



§ 5. Kefusal to comply with this act; penal- 
ties. 

§6. Repeals act of 1883. 



An Act to provide for the weighing of coal at the mines, and to repeal a 
certain act therein named. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the owner, agent or op- 
erator of every coal mine in this State, at which the miners are 
paid by weight, shall provide at such mines suitable and accurate 
scales of standard manufacture for the weighing of all coal which 
shall be hoisted or delivered from such mines. 



236 MINES AND MINERS. 



§ 2. All coal so delivered from such mines shall be carefully 
weighed upon the scales as above provided, and a correct record 
shall be kept of the weight of each miner's car, which record shall 
be kept open at all reasonable hours for the inspection of all miners 
or others pecuniarily interested in the product of such mine. The 
person designated and authorized to weigh the coal and keep such 
record shall, before entering upon his duties, make and subscribe 
to an oath before some magistrate or other officer authorized to ad- 
minister oaths, that he will accurately weigh and carefully keep a 
true record of all coal delivered from such mine, and such oath shall 
be ke^Dt conspicuously posted at the place of weighing. 

§ 3. It shall be lawful for the miners employed in any coal mine 
in this State to furnish a checkweighman at their own expense, whose 
duty it shall be to balance the scales and see that the coal is properly 
weighed, and that a correct account of the same is kept, and for 
this purpose he shall have access at all times to the beam box of 
said scale, and be afforded facilities for the discharge of his duties 
while the weighing is being performed. The agent employed by the 
miners, as aforesaid, to act as checkweighman, shall be an employe 
of the person or persons operating the mine, a citizen of the State and 
county wherein the mine is situated, and shall, before entering upon 
his duties, make and subscribe to an oath before some officer duly 
authorized to administer oaths, that he is duly qualified, and will 
faithfully discharge the duties of checkweighman ; such oath shall 
be kept conspicuously posted at the place of weighing. 

§ 4. Any person, company or firm having or using any scale or 
scales for the purpose of weighing the output of coal at mines, so 
arranged or constructed that fraudulent weighing may be done 
thereby, or who shall knowingly resort to or employ any means 
whatsoever by reason of which such coal is not correctly weighed 
or reported in accordance with the provisions of this act; or any 
weighman or checkweighman who shall fraudulently weigh or record 
the weights of such coal, or connive at or consent to such fraudu- 
lent weighing and recording, shall be deemed guilty of a misde- 
meanor, and shall, upon conviction for each such offense, be pun- 
ished by a fine of not less than two hundred dollars ($200) nor 
more than five hundred dollars ($500), or by imprisonment in the 
■county jail for a period not to e::ceed sixty (60) days, or by both such 
fine and imprisonment ; proceedings to be instituted in any court of 
competent jurisdiction. 

§ 5. Any person, owner or agent operating a coal mine in this 
State who shall fail to comply with the provisions of this act, or 
who shall obstruct or hinder the carrying out of its requirements, 
shall be fined for the first offense not less than fifty dollars ($50) ; 
nor more than two hundred dollars ($200) ; for the second 
offense not less than two hundred 'dollars ($200) nor more than five 
hundred dollars ($500), and for a third offense not less than five 
hundred dollars ($500), or to be imprisoned in the county jail not 
less than six months nor more than one year : Provided, that the 
provisions of this act shall apply only to coal mines whose product 
is shipped by rail or water. 



MOBS AND EIOTS. 



L37 



§ 6. That an act entitled "An act to provide for the weighing of 
coal at the mines," approved June 14, 1883, in force July 1, 1888, as 
amended and approved June 29, 1885, and in force July 1, 1885, be 
and the same is hereby repealed. 

Appeoved June 17, 1887. ^ 



MOBS AND MOTS. 



DAMAGES FOB PROPEKTT DESTROYED. 



§ 1. City and county liable. 

§ 2. Actions: judgments. 

I 3. Owners of property barred from re- 
covery by neglect. 

§ 4. Suits may be brought against private 
persons. 



§ 5. Cities and counties may bring action 
against private persons for recovery 
of judgment. 

§ 6. Notice of claim for damages. 

§ 7. Settlement for damages without suit ; 
action tor recovery. 



An Act to indemnify the owners of property for damages occasioned by 

mobs and riots. 

Section 1. Be in enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That whenever any building or 
other real or personal properly, except property in transit, shall be 
destroyed or injured in consequence of any mob or riot composed 
of twelve or more persons, the city, or if not in a city, then the 
county in which such property was destroyed shall be liable to an 
action by or in behalf of the party whose property was thus de- 
stroyed or injured, for three-fourths of the damages sustained by 
reason thereof. 

§ 2. Such action may be brought in the form of an action on 
the case, or other appropriate action, and whenever any final judg- 
ment shall be secured against any such city or county in any such 
action, the same shall be paid in due course as in case of other 
judgments. 

§ 3. No person or incorporation shall be entitled to recover in 
any such action if it shall a;ppear, on the trial thereof, that such 
destruction or injury of property was occasioned, or in any way 
aided, sanctioned or permitted by the carelessness, neglect or wrong- 
ful act of such person or corporation ; nor shall any person or cor- 
poration be entitled to recover any damages for any destruction or 
injury of property as aforesaid, unless such party shall have used 
all reasonable diligence to prevent such damage. 

§ 4. Nothing in this act shall be construed to prevent any per- 
son or corporation whose property has been injured or destroyed in 
consequence of any mob or riot, from having or maintaining an 
action, or actions, against any person or persons engaged or in 
any manner participating in such mob or riot, for the recovery of 
the damages sustained thereby : Provided, that when such city or 



"238 MOBS AND EIOTS. 



county shall have paid any part of such damage, such city or 
county making such payment shall have a Jien to the amount so paid 
upon any judgment or claim, against any person or persons engaged 
in, or in any manner participating in such mob or riot, together 
with the right and power to enforce and collect such judgment or 
claim, and when such city or county shall have been reimbursed 
the money so paid by it, such portion of such judgment or judg- 
ments, or claim or claims remaining unpaid shall then revert to, 
and become the property of, the original owner thereof, and such 
owner shall have the right to enforce and collect the same. 

§ 5. It shall be lawful for the city or county against which a 
judgment or judgments for damages shall be recovered under the 
provisions of this act, to bring an action or actions against any 
person, or persons engaged, or in any manner participating, in said 
mob or riot, for the recovery of the amount of said judgment or 
judgments and costs, and such action shall not abate or fail by 
reason of too many or too few parties defendant being named 
therein ; the same shall, to all intents and purposes, be treated as 
an action of trespass brought by the owners of such property, 
except that the statute of limitations as to such action shall not 
begin to run against said city or county until its liability is fixed 
by judgment as hereinbefore provided. 

§ 6. No action shall be maintained under the provisions of this 
act by any person or corporation whose property shall have been 
destroyed or injured as aforesaid, unless notice of claim for damages 
be presented to such city or county within thirty days after such 
loss or damage occurs, and such action shall be brought within 
twelve months after such destruction or injury occurs, but nothing 
in this act shall be construed as authorizing any recovery by the 
United States, the State of Illinois, or any county for the destruc- 
tion of, or injury to property by mobs or riots. 

§ 7. Any city or county may settle with, and pay, the owner of 
any such property the damages so sustained ; and any such city or 
county which shall have paid any sum under the provisions of this 
act, whether by voluntary settlement or otherwise, may recover the 
same with all costs paid by it, from any or all the persons engaged 
in the destruction or injury of the property so paid for. 

Appeoved June 15, 1887. 



MOBS AND RIOTS. 



239 



PRESERVATION OF THE PEACE AND PROTECTION OF PiiOPERTY. 



§9. 
§10. 

§11, 



Adjutant General shall formulate code 
of rules for government of troops. 

Insulting or abusing troops while on 

duty. 
Private detectives or citizens not per- 
mitted to parade vrith arms w^ithout 
consent of Governor. 

This act shall not be construed so as 
to interfere with the rights or duties 
of sheriffs. 



i§ 1. Sheriffs may enroll special deputies. 

■J 2. Deputies may be armed. 

3 3. Requisition for arms and ammunition 
maybe made upon the Adjutant Gen- 
eral. 

■S 4. Compensation of deputies. 

§ 5. Sheriffs may call upon the Governor 
for the military force. 

§ 6. Military force shall report to civil au- 
thorities and be subordinate thereto . 

S 7. The Governor shall order the military 
force to assist m quelling riot. 

An Act to secure the i^eace and good order of society, to quell riots or 
disturhances, to secure the execution of the laws and to provide for 
special deputy sheriffs, and for calling out and using the military 
force of the State for the preservation of the peace and the protection 
of property. 

Section 1. B>; it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sheriff of any county 
in this State, if in his judgment the preservation of the peace and good 
order of society shall require it, may sum.mon and enroll any num- 
ber of special deputies which in his judgment the exigencies of the 
case require, and such deputies shall be subject to his orders, and 
shall have all the powers of deputy sheriffs until discharged or ex- 
cused from duty by the sheriff. Any person so summoned by the 
sheriff to act as a deputy who shall decline or refuse to act as such 
shall be guilty of a misdemeanor, and be fined not less than fifty 
dollars nor more than two hundred dollars for each and every of- 
fense, or imprisonment in the county jail not to exceed three 
months. 

§ 2. In all cases when the sheriff is satisfied of the necessity, he 
may arm the force of special deputies appointed under this act, and 
the county shall pay all necessary expenses thereof, as well as for 
the subsistence of such special deputies while on duty, and all 
necessary expenses incurred by them in the performance of the duty 
for which they shall have been summoned. 

§ 3. If the sheriff is satisfied that arms are necessary, or will 
probably be needed, he may make a requisition on the Adjutant 
General of the State therefor, whose duty it shall be to furnish the 
same, with necessary ammunition, and such arms shall, when the 
necessity for their use has passed, be returned by the sheriff" to 
the Adjutant General. 

§ 4. The deputy sheriffs appointed under this act shall be paid 
at the rate of two ($2) dollars per day for the time actually em- 
ployed, in and about the duties of such appointment, and the 
county board shall make provision for such payment. 

§ 5. Whenever the sheriff, with the help of his force of special 
deputies, is unable to preserve the peace, to quell any riot, or exe- 
cute the law, it shall be his duty to notify the Governor, by tele- 
gram or otherwise, of the facts in the case, and to call upon the 
Governor for such military force as may be deemed necessary to pre- 



240 MOBS AND RIOTS. 



serve the peace and execute the law. The sheriff shall also imme- 
diately reduce such statement of facts to writing, and forward the 
same to the Governor. In case of the neglect or refusal of the sheriff 
of any county to act in any case of emergency, it shall be the 
duty of any coroner of the county, mayor of a city, or county judge- 
to make such statement of facts and application to the Governor 
for military assistance. 

§ 6. Whenever the military forces shall be ordered out by the 
Governor on any application of a civil officer as aforesaid, or other- 
wise, they shall report to such civil officer as the Governor shall 
designate and shall act in strict subordination to such civil author- 
ity, in preserving the peace, quelling riots, or executing the law, 
and may arrest any person or persons on view without process, 
and hold them in custody until by order of the commander-in-chief 
such person or persons shall be discharged from custody, or de- 
livered over to the civil authorities ; and whenever necessary to- 
suppress riot, disperse the mob, restore the peace and execute the 
law, may use such force as may be necessary. 

§ 7. Whenever there is in any city, town or county, a tumult, 
riot, mob or body of men acting together by force with attempt to> 
commit a felony, or to offer violence to persons or property, or by 
force or violence to break or resist the laws of the State, or when 
such tumult, riot or mob is threatened, and the fact is made ta 
appear to the Governor, it shall be his duty to order such military 
force as he may deem necessary to aid the civil authorities in sup- 
pressing such violence and executing the law. 

§ 8. It shall be the duty of the Adjutant General to formulate 
a code of rules or regulations for the government and control of 
the troops when so ordered out and on duty, and such code of rules 
or regulations, when approved by the commander-in-chief; shall be 
of binding force and obligation until changed or rescinded. 

§ 9. If any person shall molest, interrupt, or insult by abusive 
words or behavior, or shall obstruct any officer or soldier while on 
duty or at any parade, or drill, he may be put immediately under 
guard, and kept at the discretion of the commanding officer, until 
the duty, parade or drill is concluded, and such commanding officer 
may turn over such person to any sheriff, or to a police office or 
constable of the county, city or town wherein such duty, parade or 
drill is held, to be dealt with as the law directs. 

§ 10. It shall be unlawful for any force or company of private 
detectives, or private citizens, not peace officers, to parade with 
arms, except when specially permitted to do so by the Governor, 
or to assume to act as officer of the law, without proper authority, 
and every person violating this section shall be punished by a fine 
of not less than one hundred dollars nor more than two hundred 
dollars for each offense ; but this section shall be construed in har- 
mony with and not as repealing section five (5) of article eleven 
(11) of an act entitled "An act to provide for the organization of 
the State militia, and entitled the Military Code of Illinois," ap- 
proved May 28, 1879. 



MORTGAGES. 241 



§ 11. Nothing in this act contained shall abridge any of the 
rights, duties or powers which the sheriff now has, or the right 
which persons now have to guard and protect their property. 

Approved June 16, 1887. 



MORTGAGES. 



CHATTEL, EXTENSION OF TIME. 

§ 1. Amends Section 4, act of 1874, by providing that chattel mortgages may be extended 
two years upon affidavit ; amends section 5, by making such affidavits when duly 
certified evidence. 

An Act to amend sections four (4) and five (5) of an act entitled "An 
act to revise the law in relation to mortgages of real and personal 2Jrop- 
erty" approved March^Q, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections four (4) and five 
(5) of an act entitled "An act to revise the law in relation to mort- 
gages of real and personal property," approved March 26, 1874, in 
force July 1, 1874, be and the same is hereby amended to read as 
follows : 

"Section 4. Such mortgage, trust deed or other conveyance of 
personal property, acknowledged as provided in this act, shall be 
admitted t-o record by the recorder of the county in which the mort- 
gagor shall reside at the time when the instrument is executed and 
recorded ; or in case the mortgagor is not a resident of this State, 
then in the town where the property is situated and kept, and shall 
thereupon, if bona fide, be good and valid from the time it is filed 
for record until the maturity of the entire debt or obligation : Pro- 
vided such time shall not exceed two years, unless within thirty 
days next preceding the maturity of the note or obligation for which 
such instrument or mortgage is given to secure, the mortgagor and 
mortgagee, his or their agent or attorney, shall file, for record, an 
affidavit, setting forth particularly the interest which the mortgagee 
has by virtue of such mortgage in the property therein mentioned, 
and if such mortgage is for the payment of money, the amount re- 
maining due and unpaid therein, and the time for which the said 
mortgage is extended, which said extension shall not exceed a fur- 
ther term of two years, upon which affidavit the clerk shall indorse 
the time when the same was filed^ and the said mortgagee shall 
also within the said preceding thirty days file a certified copy of 
said affidavits with the justice of the peace before whom said mort- 
gage was acknowledged or his successor in office, and thereupon 
the mortgage lien originally acquired shall be continued and extended 
for and during the term of such extension. 
—16 



242 oiLP. 



"Section 5. A copy of any such mortgage or other instrument 
acknowledged, filed and recorded as aforesaid, including any affida- 
vits annexed thereto in pursuance of this chapter, certified by the 
proper recorder, from the records thereof, and also any copies of 
such affidavits filed with the justice of the peace before whom such 
mortgage or other instrument was acknowledged or his successor in 
office, in persuance of this chapter, may be read in evidence in like 
cases, and upon the same conditions as copies of deeds and convey- 
ances of lands so certified." 

Approved June 16, 1887. 



OILS. 



INSPECTION. 



§ 1. Amends section 1, act of 1874, by authorizing the county judge to appoint inspectors 
for townships, outside of incorporated cities, towns and viTlages. Amends section 
2, by requiring inspectors to give bond. 

An Act to amend section one (1) and section two (2) of an act entitled 
''An act to revise the law in relation to oil inspection,'' approved 
March 12, 1874, in force Juhj 1, 1874. 

Section 1. Be it enacted by the People oj the State of Illinois, 
represented m the General Assembly: That sections one (1) and two 
(2) of an act entitled "An act to revise the law in relation to oil 
inspection," approved March 12, 1874, in force July 1, 1874, be and 
the same! are amended so as to read as follows : 

" Section 1. The judge of the county court of any county for 
townships outside of incorporated cities, towns and villages, the 
mayor of any city, with the approval of the city council, and the 
board of trustees of any village or town may, and on the petition 
of any five inhabitants thereof shall, appoint one or more inspectors 
for the inspection of coal oil, naptha, gasoline, benzine and other 
mineral oils or fluids, the product of petroleum, and fix their com- 
pensation, to be paid by the party requiring their services. Every 
such inspector shall hold his office for one year and until his suc- 
cessor is appointed and qualified, unless sooner removed from office. 
He may appoint deputies, for whom he shall be responsible, and 
who shall take the same oath and be liable to the same penalties 
as the inspector." 

" Section 2. Every such inspector before entering upon the duties 
of his office shall take and subscribe the following oath: 

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 oil inspector according to the best of my ability. 



PARKS. 



243 



He shall also execute a bond payable to the People of the State, 
in such sum as shall be required by the county judge, city council 
or board of trustees, with one or more sureties to be approved by 
the county judge, mayor, or president of the board of trustees, con- 
ditioned for the faithful discharge of the duties of his office. Any 
person aggrieved by the misconduct or neglect of such inspector 
may maintain thereon for his own use." 

Approved June 17, 1887. 



PARKS. 



BONDS TO PAY INDEBTEDNESS. 



§ ]. Town authorities may issue bonds; 
limit of amount. 

§ 2. Issue; denomination; rate of interest; 
annual payment of portion of prin- 
cipal. 



3. Issue to cancel existing indebtedness ; 

sale of. 

4, Annual tax for payment of interest and 

principal. 



An Act to authorize the corporate authorities of toivns having -an in- 
debtedness heretofore created to pay the cost of procuring lands for 
public parks in such towns, to issue and sell bonds to pay and refund 
such indebtedness. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in any town which is now 
included within the limits of any city of this State in which a board 
of park commissioners shall now exist, having authority by law to 
acquire land and the appurtenances in trust for the inhabitants of 
such town, and of a division or part of such city, and for such 
parties or persons as may succeed to the rights of such inhabitants, 
and for the public as a public promenade and pleasure grounds and 
ways, but not for any other purpose without the consent of a 
majority, by frontage, of the owners of the property fronting the 
same, and without the power to sell, alienate, mortgage or incumber 
the same, in which town there shall exist at the time of the pass- 
age of this act an indebtedness incurred for the purpose of paying 
thf» portion found payable by the public of the cost of the land 
acquired for such parks and boulevards, pleasure grounds and 
ways, the corporate authorities of such town, meaniug the town 
supervisor, clerk and assessor thereof, shall have authority and are 
hereby empowered to issue bonds for and on behalf of said town, 
to an amount not exceeding in the aggregate of principal six hun- 
dred thousand dollars ($600,000), which, taken with and including 
existing indebtedness of said town, shall not in the aggregate exceed 
five per centum of the value of the taxable property therein, to be 
ascertained by the last assessment for State and county taxes pre- 
vious to the issue from time to time of said bonds, for the purpose 
of funding and paying any bonds heretofore issued and sold by such 



244 PARKS. 



park commissioners to raise money to pay the portion found pay- 
able by the pubUc of the cost of procuring the lands selected by 
such park commissioners for public parks and boulevards in such 
town. 

§ 2. Such bonds shall be issued by the corporate authorities of 
such towns as aforesaid and shall be signed by the said corporate 
authorities in the name of said town. Said bonds may be of the 
denomination of twenty-five dollars ($25), and any multiple thereof. 
They s-hall bear interest at the rate of not exceeding five (5) per cent, 
per annum, to be paid semi-annually and to be evidenced by cou- 
pons thereto attached, and the principal shall be payable at such 
time as such corporate authorities may determine, not exceeding 
twenty years from the date of their issue. They shall be numbered 
in regular series and shall be registered upon the records of said 
town, which registry shall show the number of the bonds, the amount 
of the same, when and to whom payable, and the rate of interest 
which they bear. Said bonds may be made payable to bearer, or 
to such person or persons as may be named therein, or order. 
When payable to bearer, they shall pass by delivery, but provisions 
shall be made for the second registry of the same in the office of 
said town, at the option of the holder, and in his name ; after 
which second registry they, together with bonds made payable to 
any particular person or persons, shall pass only by indorsement 
and delivery. It is further jjrovided, that upon the expiration of one 
year after the date of any bonds issued under authority of this act, 
and upon the expiration of each successive year thereafter, the 
said corporate authorities shall, at the office of the town clerk, 
select by lot so many of said bonds as may be required to absorb 
the money raised by taxation to pay and discharge the principal of 
said bonds, and the principal of the bonds so selected shall become 
due and payable at the date of the next installment of interest 
maturing on the several bonds so selected from time to time shall 
cease to bear interest after they severally become due and payable 
by such selection ; said corporate authorities, immediately after 
making any such selection, shall make and sign in duplicate a 
statement of the result thereof, and shall file one copy thereof in 
the office of the town clerk and the other copy shall be filed in the 
office of the county clerk of the county ; and it is hereby made the 
duty of such corporate authorities of such town to pay and discharge 
the principal of the bonds so selected, at the date of the next in- 
stallment of interest maturing on the several bonds so selected, from 
the funds raised from time to time for that purpose under this act. 
Each bond issued under authority hereby granted, shall contain a 
condition that the same may be declared due and payable at any 
time before maturity thereof, by selection in the manner last afore- 
said. 

§ 3. Bonds issued under this act may be issued in substitution 
for the indebtedness designated in this act legally existing at the 
time of its passage, and may be sold by said corporate authorities 
for such prices as they shall deem expedient. They shall not, how- 
ever, be sold at less than par, nor until the proceeds of the same 
can be made available for the purpose of canceling such existing 



PAEKS. 245 



indebtedness, and the proceeds of bonds sold shall be used only for 
the payment of such existing indebtedness. Any person who shall 
knowingly violate or connive at the violation of any of the provisions 
of this act, shall be deemed guilty of embezzlement, and shall be 
liable to indictment, trial and punishment, as in other cases of 
embezzlement. 

§ 4. For the purpose of providing for the payment of the interest 
on such bonds as it falls due, and also to pay and discharge the 
principal thereof at the maturity of the same, said town is, and its 
corporate authorities are, hereby authorized, required and directed 
to appropriate and levy an annual tax upon the taxable property 
in such town, sufficient to pay the interest on said bonds, as the 
same shall mature from time to time, and also pay and discharge 
the principal thereof at maturity. 

Approved June 14, 1887. 



COMMISSIONERS MAY SELL LAND. 

§ 1. Park commissioners may sell land not needed for park purposes, upon the order of 

court. 

An Act to enable park commissioners to sell land no longer needed for 

park purposes. 

Section 1. Be it enacted by the People of the State of Illijiois, 
represented in the General Assembly: That any board of park com- 
missioners having the control or supervision of any public park, 
boulevard, driveway or highway, and having any piece or parcel of 
land not exceeding one acre in area which shall no longer be needed 
or deemed necessary or useful for the purpose of said park, boule- 
vard, driveway or highway, may apply to the circuit court of the 
county in which such piece or parcel of land is situated, by petition 
in writing, for leave to sell the same. Notice of such application 
shall be given by said board of park commissioners in some news- 
paper published in said county at least ten days before the day 
named therein when said application will be made. All persons in- 
terested may appear before said circuit court ether in person or by 
attorney, when said application shall be made, and object to the 
granting thereof. After hearing all persons interested, if said court 
shall deem the granting of said application to be for the public in- 
terest, it shall direct that the property mentioned in said applica- 
tion, or any part thereof, be sold and conveyed by the said board 
of park commissioners for the use of said park, boulevard, driveway 
or highway, upon such terms and conditions as the said court may 
think proper. 

Approved June 16, 1887. 



246 



PARKS. 



PROTECTION A.GAINST THE ACTION OF WATER. 



§ 1. Authorizes corporate authorities of § 3. Proceeds of the sale of bonds to be 
towns having parlis fronting on lakes used in erecting break-waters, 

to issue bonds. §4. Taxing powers. 

§ 2. How issued ; rate of interest ; limit of 
time. 

An Act to authorize the issue of bonds to raise funds for the protection 
of public parks from waste by the action of water. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cases where a pub- 
lic park, or a portion of one, fronting on the shore of a lake, lies 
in any town, the supervisor and assessor of which have been here- 
tofore declared to be corporate authorities, such supervisor and as- 
sessor may, from time to time, authorize the bonds of said town to 
be issued to an amount including existing indebtedness of such town, 
so that the aggregate indebtedness of such town shall not exceed 
five per centum on the value of the taxable property therein, to be 
ascertained by the last assessment for State and county taxes pre- 
vious to the issue, from time to time, of such bonds, such issue not 
to exceed in the aggregate the sum of three hundred thousand dol- 
lars ; such authority shall be in writing, signed by the supervisor 
and assessor of said town, a copy of which shall be filed with the 
county clerk, and another copy shall be filed with the commission- 
ers of such park, to be by them recorded in their record of proceed- 
ings of their board. 

§ 2. Such bonds shall be issued when authorized by the corporate 
authorities of the town as aforesaid, in the name of said town, by 
the commissioners of said park, to be signed by the president and 
treasurer and countersigned by their secretary, with his seal of office 
afiixed. They shall bear interest at the rate of not exceeding five 
per centum, payable semi-annually, and the principal shall be pay- 
able at such time as may be determined, not exceeding twenty 
years. 

§ 3. The commissioners of said park may sell said bonds, and 
the proceeds thereof shall be used exclusively for the erection of a 
break-water or sea-wall along the shore of said lake, for the purpose 
of preventing the waste of land by the action of the water of said 
lake. 

§ 4. In addition to the amount of money authorized to be raised 
by taxation on the property of such town for the payment of any 
other debt contracted by the park commissioners, falling due during 
the next year, and for the improvement and maintenance and gov- 
ernment of said park during the next succeeding year, the supervisor 
of said town shall also add the amount of interest payable on said 
bonds during the next year thereafter, and also a sum sufiicient to 
pay and discharge the principal of said bonds within twenty years 
from the time of issuing the same. 

Approved June 14, 1887. 



PAEKS. 247 



STREETS LEADING TO. 

511. Amends section 2, act of 1879, as amend by act of 1885, by prohibiting park commis- 
sioners from levying taxes, on abuttingjproperty for the subsequent care, mainten- 
ance and repair of such streets. 

An Act to amend section 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 im- 
provement thereof, and in that behalf to make and collect special as- 
sessment or special tax on contiguous property," approved and in 
force April 9, 1879, as approved June 27, 1885. 

Section 1- Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section two (2) of an act 
entitled "An act to enable park commissioners or corporate au- 
thorities to take, regulate, control and improve public streets lead- 
ing to public parks, to pay for the improvement thereof, and in 
that behalf to make and collect special assessment or special tax 
on contiguous property," approved and in force April 9, 1879, as 
approved June 27, 1885, be and the same is hereby amended so as 
to read as follows : 

"Section 2. That such park commissioners or such corporate 
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 improvement 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 estimated cost* of such first im- 
provement or improvements as shall be ordered and estimated by 
such board of park commissioners but not for any subsequent care, 
maintenance or repair thereof; and to that end such board or 
corporate authorities shall have all the power and authority now or 
hereafter granted to them respectively, relative to the levy, assess- 
ment and collection of taxes or assessments for corporate purposes. 
And such special tax or assessments as are hereby authorized may 
be divided into not exceeding four annual installments bearing in- 
terest 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 assess- 
ments for, or on account of such corporate bodies or boards as 
aforesaid, so far as the same are applicable." 

Approved June 16, 1887. 



248 



PARKS. 



STREETS LEADING TO. 



1. Authorizes park commissioners to 
widen street selected to an uniform 
width of 100 feet. 



§ 2. Condemnation of land for such pur- 
pose. 
§ 3. Taxation to pay damages. 



An Act to enable park commissioners to condemn land in certain cases 
for the purpose of making streets selected and taken for boulevards, of 
U7iiform width, and to provide for the payment of the same. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented iji the General Assembly: That in all cases where any board 
of park commissioners has selected and taken any street or part 
thereof under the provisions of an act of the General Assembly 
entitled "An act to enable park commissioners or corporate author- 
ities 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 con- 
tiguous property," and any part or portion of said street so selected 
and taken has not been legally laid out or dedicated to the uniform 
width of one hundred feet, the said board of park commissioners 
shall have the power to widen said street or the part of said street 
so selected and taken to the uniform width of one hundred feet : 
Provided, that some portion of each mile of said street, or the part 
thereof so selected and taken, shall be of the width of one hundred 
feet at the time of such selection and taking. 

§ 2. Such park commissioners are hereby vested with power to 
take and acquire title to such pieces or parcels of land as may be 
necessary for such widening, and may proceed to procure the con- 
demnation of the same in the manner prescribed in the act of the 
General Assembly entitled "An act to provide for the exercise of 
the right of eminent domain," approved April 10, 1872; the pro- 
visions of which said act are hereby extended to said park commis- 
sioners. 

§ 3. Such park commissioners are hereby authorized to levy, or 
cause to be levied and collected, a special assessment or special tax 
upon the contiguous property abutting on said street or part thereof 
so selected and takep for the purpose of raising the amount neces- 
sary to pay the compensation and damages for the said land neees- 
sary to be taken for such widening, with the costs of the proceedings ; 
and to that end they shall have all the power and authority now 
or hereafter granted to them relative to the levy, assessment and 
collection of taxes or assessments for corporate purposes. 

Approved June 14, 1887. 



PA.EKS. 249 



SUPEKINTENDENTS. 



§ 1. Authorizes the appointment of siiperin- I §2. Arrest of persons upon park premises, 

tendents and assistant superintend- | 

ents and invests them with police I 

powers. I 

An Act to authorize the directors of incorporated park companies to ap- 
point a superintendent and assistant superintendents of grounds, and 
vesting such superintendent and assistant superintendents with police 
powers while on duty upon the park premises. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the directors of any and all 
incorporated park companies shall have the right and power to ap- 
point a superintendent and assistant superintendents of grounds, 
and such superintendents and assistant superintendents shall be in- 
vested with police powers while on duty upon the premises owned, 
rented or controlled by such corporations for park purposes. 

§ 2. When any person or persons shall, upon the premises con- 
trolled for park purposes by any such corporations, be guilty of any 
crime or misdemeanor, or breach of the peace, or shall commit any 
act to the unlawful annoyance of such incorporated park company, 
or of any person or persons occupying or visiting said park prem- 
ises, any superintendent or assistant superintendent of grounds ap- 
pointed by virtue of section one of this act, and witnessing the com- 
mission of either of said offenses may arrest such person or persons, 
either on said premises or upon fresh pursuit anywhere in the 
proper county, and take him or them before any justice of the peace 
of the proper county, and file afficavit setting forth the offense or 
offenses and prosecute such offending person or persons, and such 
superintendents or assistant superintendents shall also have power 
and right to eject such offending person or persons from the park 
premises. 

Appkoved May 11, 1887. 



LINCOLN, CHICAGO. 

§ 1. Authorized the commissioners to allow buildings to be erected in the park for the use 

of the Newberry Library. 

An Act to authorize the erection of buildings in Lincoln Park for the 
use of the Newberry Public Library. 

Whereas, the late Walter L. Newberry provided in his will a 
fund for the establishment and maintenance of a free Public Library 
in the North Division of the city of Chicago, and Lincoln Park is 
a suitable location for the accommodation of the public, therefore : 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the commissioners of Lincoln 



250 PHARMACY — ^PRACTICE. 



Park shall have authority to allow proper and suitable buildings to 
be erected in said park, at a place to be selected by them for the 
use of such library, and under such regulations as to the control 
thereof as they may determine, consistent with the provisions of 
the will of the late Walter L. Newberry. 

Approved June 16, 1887. 



PHAEMACY. 



registration of pharmacists. 

SI. Amends section 7, act of 1881, by changing the law in relation to registering pharma- 
cists. 

An Act to amend section seven of an act entitled "An act to regulate 
the practice of pharmacy in the State of Illinois." 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section seven (7) of an act 
entitled "An act to regulate the practice of pharmacy in the State 
of Illinois," approved May 30, 1881, in force July 1, 1881, be and 
the same is hereby amended so as to read as follows : 

"Section 7. Licentiates in pharmacy shall, at the time of pass- 
ing their examination, be registered by the Secretary of the State 
Board of Pharmacy, as registered pharmacists. Registered assistant 
pharmacists holding valid certificates as such may become registered 
as registered pharmacists upon making application to the Board of 
Pharmacy and paying a fee of two dollars therefor. No person 
shall hereafter be registered as a registered pharmacist except reg- 
istered assistant pharmacists and registered pharmacists holding 
valid certificates as such, in force at the time this amendment 
takes effect, and licentiates in pharmacy." 

Approved June 15, 1887. 



PEACTICE. 



appeals from interlocutory orders. 

§ 1. Appeals may be taken to the Appellate Court, in injunction cases and the appointment 

of receivers. 

An Act to provide for appeals from interlocutory orders granting 
injunctions or appointing receivers. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever an interlocutory 



PKACTICE. 251 



order or decree is entered in any suit pending in any court in this 
State, granting an injunction or overruling a motion to dissolve the 
same, or enlarging the scope of an injunction order, or appointing 
a receiver, or giving other or further powers or property to a receiver 
already appointed, an appeal may be taken from such interlocutory 
order or decree to the Appellate Court of the district wherein is 
situated the court granting such interlocutory order or decree : Pro- 
vided, that such appeal is taken within thirty days from the entry 
of such interlocutory order or decree and is perfected in said Appel- 
late Court within sixty days from the entry of such order or decree. 
The force and effect of such interlocutory order or decree and the 
proceedings in the court below shall not be stayed during the pen- 
dency of such appeal, and the party taking such appeal shall give 
bond, to be approved by the clerk of the court below, to secure costs 
in the Appellate Court. Upon filing of the record in the Appellate 
Court the same shall there be at once docketed and shall be ready 
for hearing under the rules of said court, taking precedence of other 
causes in said court ; upon such appeal the Appellate Court may 
affirm, modify or reverse such interlocutory order or decree, and 
shall direct such proceedings to be had in the court below as the 
justice of the case may require. If such appeal is dismissed the 
Appellate Court may allow to the attorney for appellee a reasonable 
solicitor's fee, not to exceed one hundred dollars, to be, taxed as 
part of the posts of the appeal. No appeal shall lie or writ of error 
be prosecuted from the order entered by said Appellate Court on any 
such appeal. 

Approved June 14, 1887. 



VERDICTS OF JURIES. 

§ 1. General or special verdicts in civil I § 3. Special shall control general verdict. 

cases. I 

§ 2. Submitting, or refusing to submit fact, I 

may be excepted to. I 

An Act in relation to verdicts of juries in civil cases, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all trials by jury m 
civil proceedings in this State in courts of record, the jury may 
render, in their discretion, either a general or a special verdict ; and 
in any case in which they render a general verdict they may be re- 
quired by the court, and must be so required on request of any 
party to the action, to find specially upon any material question or 
questions of fact which shall be stated to them in writing, which 
questions of fact shall be submitted by the party requesting the 
same to the adverse party before the commencement of the argu- 
ment to the jury. 



252 



EAILEOADS. 



§ 2. Submitting or refusing to submit a question of. fact to the 
jury when requested by a party as provided by the first section 
hereof may be excepted to and be reviewed on appeal or writ of er- 
ror as a ruling on a question of law. 

§ 3. When the special finding of fact is inconsistent wtth the gen- 
eral verdict, the former shall control the latter and the court may 
render judgment accordingly. 

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



Witness my hand this 23rd day of May, A. D., U 



HENRY D. DEMENT, 

Secretary of State. 



EAILEOADS. 



CEOSSINGS. 



2. Railroad and Warehouse Commission- 
ers may appoint engineers to assist 
them in their examinations. 



§ ]. Authorizes railroads upon approval 
by the Railroad and Warehouse com- 
missioners to establish interlocking 
or automatic signals. 

An Act i?i regard to the dangers incident to railroad crossings on the 

same level. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly.- That when, and in case two 
or more railroads crossing each other at a common grade, shall by 
a system of interlockmg and automatic signals, or by other works, 
fixtures and machinery to be erected by them, or either of them, 
render it safe for engines and trains to pass over such crossing 
without stopping, and such system of mterlocking and signals, 
works or fixtures, shall first be approved by the Eailroad and Ware- 
house Commissioners, or any two of them, and a plan of such in- 
terlocking and signals, works and fixtures, for such crossing desig- 
nating the plan of crossing, shall have been filed with such Eail- 
road and Warehouse Commissioners, then, and in that case, it is 
hereby lawful for the engines and trains of any such railroad or 
railroads to pass over said crossing without stopping, any law, or 
the provisions of any law now in force, to the contrary notwith- 
standing ; and all such other provisions of laws, contrary hereto, 
are hereby declared not to be applicable in such case : Provided, 
that the said Eailroad and Warehouse Commissioners shall have 
power in case such interlocking system, in their judgment, shall 
by experience prove to be unsafe or impracticable, to order the 
same to be discontinued.' 



RAILROADS. 253 



§ 2. The said Eailroad and Warehouse Commissioners may ap- 
point a competent civil engineer to examine such proposed system 
and plans, and report the result of such examination for the in- 
formation of such Railroad and Warehouse Commissioners, and 
said Railroad and Warehouse Commissioners are hereby authorized 
to allow and reward five dollars per day as a compensation for 
the services of such civil engineer, or such reasonable sum as 
such commissioners shall deem fit, and to allow and reward such 
other and further sums as they shall deem fit to pay all other 
fees, costs and expenses to arise under said application, to be paid 
by the railroad company or companies in interest, to be taxed and 
paid or collected as in other cases. And the said Railroad and 
Warehouse Commissioners are also empowered, on application for 
their approval of any such system of interlocking and signals, 
works or fixtures, to require of the applicant security for such fees, 
costs and expenses, or the deposit, in lieu thereof, of a sufficient 
amount in money for that purpose, to be fixed by them. 

Approved June 3, 1887- 



TRANSPORTATION OF GRAIN IN BULK. 

§ 1. Transfer of grain from one car to an- I § 3. Proceedings to compel enforcement of 
other at transfer points ; weighing. law. 

§ 2. Weighing and transferring in transit. ' § 4. Penalties for refusal or neglect. 

An Act relating to the receipt, shipment, transportation and weighing 
of grain in bulk by railroad companies. 

Section 1. Be it enacted bii the People of the State of Illinois, rep- 
resented in the General Assembly: That in all counties of the third 
class, and in all cities having not less than 50,000 inhabitants, 
where bulk grain, mill stuffs or seeds are delivered by any railroad 
transporting the same from initial points to another road for trans- 
portation to other points, such road or roads receiving the same 
for transportation to said points, or other connections leading 
thereto, shall provide suitable appliances for unloading, weighing 
and transferring such property from one car to another without 
mixing, or in any way changing the identity of the property so 
transferred, and such property shall be accurately weighed in suit- 
ably covered hopper scales, which will determine the actual net 
weight of the entire contents of any carload of grain, millstuffs or 
seeds at a single draft, without gross or tare, and which weights 
shall always be given in the receipts or bills of lading and used as 
the basis of any freight contracts affecting such shipments between 
such railroad companies and the owners, agents or shippers of such 
grain, millstuffs or seeds so transported and transferred. 

§ 2. The practice of loading grain, millstuffs or seeds into foreign 
or connecting-line cars at the initial point from which the grain, 
millstuffs or seeds are originally shipped, or the running of the 
original car through without transfer, shall not relieve the railroad 
making the contract to transport the same to its destination or 



254 RAILBOAD AND WAREHOUSE COMMISSIONERS. 



connection leading thereto, from weighing and transporting such» 
property in the manner aforesaid unless the shiipper, owner or agent 
of such grain, millstuffs or seeds shall otherwise order or direct. 

§ 3. Any railroad company neglecting or refusing to comply 
promptly with any and all of the requirements of either sections 
1 or 2 of this act shall be liable in damages to the party interested, 
to be recovered by the party damaged in an action of assumpsit, 
and such party may proceed by mandamus against any railroad 
company so refusing or neglecting to comply with the requirements 
of this act ; and if the shipper, owner or agent of any such grain, 
millstuffs or seeds shall fail or neglect to proceed by mandamus, it 
shall then be the duty of the Eailroad and Warehouse Commissioners 
of this State, upon complaint of the party or parties interested, to pro- 
ceed against the railroad failing or refusing to comply with the 
provisions of this act ; and all the powers heretofore conferred by 
law upon the Board of Railroad and Warehouse Commissioners of 
this State shall be applicable in the conduct of any legal proceed- 
ing commenced by such commissioners under this act. 

§ 4. Any railroad company so refusing or neglecting as aforesaid 
shall be liable to a penalty of not less than $100 nor more than 
$500 for each neglect or refusal as aforesaid, to be recovered in an 
action of assumpsit in the name of the People of the State of 
Illinois for the use of the county in which such act or acts of 
neglect or refusal shall occur, and it shall be the duty of the Eail- 
road and Warehouse Commissioners to cause prosecutions for such 
penalties to be instituted and prosecuted. 

Approved June 15, 1887. 



EAILROAD AND WAREHOUSE COMMISSIONEES. 



RAILROAD ACCIDENTS. 

§ 1. Amends the act of 1871 by adding a section (11}^). Sec. 11'^— Eailroad and Warehouse 
Commissioners shall investigate cause of accidents resulting in loss of life; mana- 
gers and superintendents of railroads shall report accidents to the board: board 
shall investigate condition of track, bridges, etc. : neglect or refusal to comply with 
recommendations ; proceedings to enforce compliance. 

An Act to amend an art entitled "An act to establish a Board of Rail- 
road and Warehouse Commissioners and prescribe their powers and 
duties,'' approved April 13, 1871, in force July 1, 1871, by adding 
thereto an additional section, to be numbered eleven and one-half 
(lU). 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an act entitled "An act 
to establish a Board of Eailroad and Warehouse Commissioners and 



KAILUOAD AND WARi. HOUSE COMMISSIONEES. 265 



prescribe their powers and duties," approved April 13, 1871, in force 
July 1, 1871, be amended by adding thereto an additional section, 
to be numbered eleven and one-half (11^), as follows : 

"Section 11^. It shall be the duty of said Board of Commis- 
sioners to investigate the cause of any accident on any railroad re- 
sulting in the loss of life or injury to person or persons, which in 
their judgment shall require investigation, and the result of such 
investigation shall be reported upon in a special report to the 
Governor as soon after said accident as may be practicable, and 
also in the annual report of said commissioners. And it is hereby 
made the duty of the general superintendent or manager of each 
railroad in this State to inform said board of any such accident 
immediately after its occurrence. Whenever it shall come to the 
knowledge of said board, by complaint or otherwise, that any rail- 
road bridge or trestle, or any portion of the track of any railroad 
in this State is out of repair, or is in an unsafe condition, it shall 
be the duty of such board to investigate, or cause an investigation 
to be made, of the condition of such railroad bridge, trestle or 
track, and may employ such person or persons who may be civil 
engineer or engineers, as they shall deem necessary for the purpose 
of making such investigation, and whenever, in. the judgment of 
said board, after such investigation, it shall become necessary to 
rebuild sucli bridge, track or trestle, or repair the same, the said 
board shall give notice and information in writing to the corpora- 
tion of the improvements and changes which they deem to be 
proper. And shall recommend to the corporation or person or per- 
sons owning or operating such railroad -that it, or he, or they make 
such repairs, changes or improvements, or rebuild such bridge or 
bridges on such railroad as the board shall deem necessary to 
the safety of persons being transported thereon. And said board 
shall give such corporation or person or persons owning or operat- 
ing said railroad an opportunity for a full and fair hearing on the 
subject of such investigation and recommendation. And said board 
shall, after having given said corporation or person or persons oper- 
ating such railroad an opportunity for a full hearing thereon, if 
such corporation or person shall not satisfy said board that no 
action is required to be taken by it or them, fix a time within which 
such changes or repairs shall be made, or such bridges, tracks or cul- 
verts shall be rebuilt, which time the board may extend. It shall 
be the duty of the corporation, person or persons owning or oper- 
ating said railroad to comply with such recommendations of said 
board as are just and reasonable. And the Supreme Court or the 
Circuit Court in any circuit in which such railroad may be in part 
situated, shall have power in all cases of such recommendations by 
said board, to compel compliance therewith by mandamus. If any 
such corporation or person or persons owning or operating any such 
railroad, shall, after such hearing, neglect or refuse to comply with 
the recommendation or recommendations of said board as to making 
any repairs, changes or improvements, on any bridge, track or 
trestle, or to rebuild any bridge within the time which shall be fixed 
by said board therefor, said board shall report such neglect or 
refusal, together with the facts in such case as said board shall find 



256 



RECORDEES. 



the facts to be, touching the necessity for such repairs, changes or 
rebuilding to the Attorney General of the State of Illinois, who 
shall thereupon take such action as may be necessary to secure 
compliance with such recommendations of said board. In all actions 
or proceedings brought by the Attorney General to compel compli- 
ance with the recommendation of the board, the findings of the 
board shall be prima facie evidence of the facts therein stated, and 
the recommendations of the board shall be deemed prima facie, just 
and reasonable. Nothing herein contained shall impair the legal 
liability of any railroad company for the consequence of its acts. 
And all existing remedies therefor are hereby saved to the people 
and to individuals." 



Approved June 16, 1887. 



KECOEDEES. 



ABSTRACT BOOKS MAY BE KEPT. 



§ 1. In counties where Recorder of Deeds § 2. Pees in counties of the 3d class for ab- 
are elected abstract books including stract of title ; salary of recorder, 

indices to judgment dockets etc., § 3. Recorder shall give bond, 
may be kept; the public shall have 
access for examination and to make 
memorandafrom records, papers and 
indexes. 

An Act to authorize recorders of deeds in counties where recorders of 
deeds are elected to keep abstract-hooks, to make abstracts of title, and 
fixing the fees and compensation therefor. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all counties where a 
recorder of deeds is elected, in which said recorder of deeds has 
heretofore been, or shall hereafter be, required by the county board 
to keep abstract books showing by tracts every conveyance or in- 
cumbrance recorded, the date of the instrument, the time of filing 
the same, the book and page where the same is recorded, and 
showing a true chain of title to each tract and the incumbrances 
thereon, as shown by the records of his office, such recorder shall, 
and he is hereby authorized, to keep judgment dockets and indexes 
thereto, showing all judicial proceedings affecting title to real estate 
in such county, tax sale books with indexes thereto, showing sales 
or forfeitares of all lands in the county for unpaid taxes and 
assessments, and such other books as are usual or necessary to be 
kept for the purpose of making complete abstracts of title to real 
estate ; and the county board shall furnish such recorder with the 
necessary rooms, books, stationery, fuel and lights for the purposes 



RECORDERS. 257 



herein set forth : Provided, that nothing in this act shall be con- 
strued to empower the recorder to prevent the public from examin- 
ing and taking memoranda from all records and instruments filed 
for record, indexes and other books in his official custody; but it 
shall be his duty, at all times when his office is or is required by 
law to be open, to allow all persons without fee or reward to ex- 
amine and take memoranda from the same. 

§ 2. Every recorder of deeds keeping such books, is hereby 
authorized, and it shall be his duty, to make and certify under the 
seal of his ofBce, for all persons desiring the same, abstracts of 
title to real estate in his county, and to charge therefor, in counties 
of the third class, not to exceed the following fees: 

For each certificate, certifying to the condition of the title as 
shown by such abstract, judgment and tax books, the sum of three 
dollars ($3.00), said sum of three dollars ($3.00) to include the 
showing of one instrument of conveyance, incumbrance or release 
thereof, judgment or tax sale. 

For each additional instrument of conveyance, incumbrance or 
release thereof, the sum of one dollar ($1.00). 

For each additional judgment or tax sale the sum of seventy-five 
(75) cents. 

For chancery and probate court proceedings necessary to be shown, 
one dollar ($1.00) per page. 

Which fees shall be accounted for by such recorder in like 
manner with the fees received by him from recording. And 
every such recorder shall, for his services in keeping such books 
and making such abstracts of title, in counties of the third class 
receive a salary of one thousand dollars per annum, to be paid 
only out of the fees of his office actually collected, which com- 
pensation shall be in addition to the salary allowed him for his 
duties as recorder. In counties of the second class, he shall receive 
such salary and be authorized to charge such fees as may be fixed 
by the county board. 

§ 3. Every such recorder shall, before making and certifying any 
such abstracts of title, give a bond with sufficient security, to be 
approved by the judge of the county court, payable to the People of 
the State of Illinois, in the penal sum of twenty thousand dollars 
($20,000), conditioned to secure the accuracy and correctness of any 
and all such abstracts of title, and to indemnify any and all persons 
purchasing such abstracts from such recorder, for all actual losses 
or damages which they may sustain by reason of any errors, mis- 
takes or omissions in any such abstracts of title, which bond shall 
be filed in the office of the Secretary of State, and a copy thereof 
entered upon the records of the county court. 

Approved June 16, 1887. 



—17 



•258 RECORDS. 



RECORDS AND FILES OPEN TO INSPECTION. 

§ 1. Amends the act of 1874, by adding a section; books shall be open to public inspection. 

An Act to amend an act entitled "An act to revise the law in relation 
to recorders," approved March 9, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That an act entitled "An act to 
revise the law in relation to recorders," approved March 9, 1874, be 
amended by adding thereto the following section : 

"Section 21. All records, indices, abstract and other books kept 
in the office of any recorder, and all instruments filed for record 
therein, shall, during office hours, be open for public inspection 
and examination ; and all persons shall have free access for inspec- 
tion and examination to such records, indices, books and instru- 
ments, which the recorders shall be bound to exhibit to those who 
wish to inspect or examine the same ; and all persons shall have 
the right to take memoranda and abstracts thereof without fee or 
Teward." 

Approved May 31, 1887. 



RECOKDS. 



DESTROYED BY EIRE. 

§ 1. Amends section 8, act of 1872, by requiring the evidence produced with respect to ab- 
stract copies, minutes and extracts to be reduced to writing and made a matter of 
record in court, and making such abstracts, etc., pi-ima facie eyidence oi what they 
contain. Amends section 9 by making such abstract copies, minutes and extracts 
presumptive evidence. Amends section 1.5 by making it apply to liens created since 
the destruction of the records. Amends section 16 by providing that appeals may be 
taken from any decree within two years. Amends section 24 by making letter-press 
copies of abstracts of title, and copies, abstracts and minutes, evidence. 

An Act to amend sections eight (8), nine (9), fifteen (15), sixteen (16) 
and twenty four (24) of an act entitled "An act to remedy the evils 
consequent upon the destruction of any public record's by fire or other- 
wise," approved and in force April 9, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections 8, 9, 15, 16 and 
2-^ of an act entitled "An act to remedy the evils consequent upon 
the destruction of any public records by fire or otherwise," approved 
and in force April 9, 1872, shall be and are hereby amended so 
that said sections as amended shall read respectively as follows : 

"Section 8. It shall be the duty of the judges of the circuit court 
of the county, or the judges of the circuit and superior courts of 
Cook county, to examine into the state of the records in such 



RECOEDS. 259 



county, and in case they find any abstracts, copies, minutes or ex- 
tracts from said records existing after such destruction as aforesaid, 
and find that said abstracts, copies, minutes or extracts werfe fairly 
made before the destruction of the records by any person or persons, 
in the ordinary course of business, and that they contain a material and 
substantial part of said records, the said circuit judge of the county, 
or the judges of the circuit or superior courts of Cook county, shall 
■certify the facts found by them in respects to such abstracts, copies, 
minutes and extracts, and the said judges of said county, or the 
judges of the circuit or superior courts of Cook county, shall cause 
all evidence produced as to said abstract books to be reduced to 
■writing, and shall cause all such evidence to be spread of record, as 
a part of the order of said court. And also (if they are of that 
opinion), that such abstract copies, minutes and extracts tend to 
show a connected chain of title to the land in said county, and upon 
filing of a certificate of such circuit judge or the judges of the cir- 
cuit and superior courts of, Cook county, with the county clerk of 
the proper county, the county board may, with the approval of the 
judge of the circuit court of the county or the judges of the circuit and 
superior courts of Cook county, purchase from the owners thereof 
such abstract copies, minutes or extracts, or such part thereof as 
may tend to show a connected chain of title to the land in such 
county, including all such judgments and decrees as form part of 
any such chain of title, paying therefor such fair and reasonable 
price as may be agreed upon between them and such owners ; the 
amount thus agreed to be paid for such abstracts, copies, minutes 
or extracts shall be paid by such county in money or in bonds, to 
be issued by such county as the county board may determine, or 
such county board may, with said approval, procure a copy of said 
abstracts, copies, minutes and extracts, instead of the original, to 
lie paid for in like manner: And it is further provided, that any 
owner of said abstracts, copies or minutes shall have the right to 
file a petition at any regular term of the circuit court of the proper 
county, in which petition he or they shall set forth the manner in 
which such abstracts, copies or minutes were made or procured, 
and if the court shall find from the evidence produced (which evi- 
dence shall be preserved as hereinbefore provided) that said abstracts, 
copies or minutes were fairly made in the regular course of business 
before such destruction of the records, the court shall enter his de- 
cree to that effect, and the evidence produced on the trial of said 
cause entered of record at large as a part of the decree of the court. 
And thereupon said abstracts, copies or minutes of said burnt 
records shall be taken as prima facie evidence of all such matters 
as they contain (but no such abstracts, copies, minutes or extracts 
shall be taken or held to be inima facie evidence of what they con- 
tain that does not purport to recite all deeds and mortgages pre- 
viously executed and recorded, and describing the several tracts of 
lands and town lots to which said abstracts, copies, minutes or ex- 
tracts refer from the date of entry) : Provided, further, that all ab- 
stracts to separate tracts of lands made by the owner of said ab- 
stracts, copies, minutes or extracts shall also be taken and held as 
prima facie evidence of what they contain when they shall be accom- 
panied with an affidavit signed and sworn to by the owner or owners 



260 RECORDS. 



of said abstracts, copies, minutes or extracts, showing that said sep- 
arate abstracts contain a fall, true and perfect copy of all transfers 
on the tract or tracts set forth in said separate abstracts as appears 
upon said abstracts, copies, minutes or extracts, as established by 

the circuit court of county, on the day of 

A. D , and that said separate abstracts contain all deeds^ 

mortgages and other liens on said separate tracts, as shown by said 
abstracts, copies, minutes or extracts established as aforesaid. 

"Section 9. Said abstracts, copies, minutes and extracts, or said 
copy thereof, if so bought as aforesaid, shall thereupon be placed 
in the recorder's office of such county, to be copied or arranged in 
such form as the county board shall deem best for the public in- 
terest, and in case the origmals have been lost or destroyed, or not 
in the power of the party asking to use the same on any trial or 
other proceeding, copies of the same or any part thereof, duly cer- 
tified by the recorder of deeds of such county, shall be admissible 
as evidence in all the courts of law and equity in this State. And 
it shall be the duty of the recorder of deeds of such county to 
furnish to any and all parties requesting it (upon being paid the 
charges herein provided for), certified copies of the same, or parts 
thereof ; and for the purpose of repaying the cost of the same to 
the county, the county board may fix a compensation, to be paid 
to the county, in addition to the fees allowed by law to the recorder 
for transcribmg the same. In all cases in which any abstracts, 
copies, minutes and extracts, or copies thereof, shall be received in 
evidence under any of the provisions of this act, all deeds or other 
instruments of writing appearing thereby to have been executed by 
any person or persons, or in which they appear to have joined, 
shall (except as against any person or persons in the actual posses- 
sion of the lands or lots described therein at the time of the de- 
struction of the records of such county, claiming title thereto other- 
wise than under a sale for taxes or special assessments,) be pre- 
sumed to have been executed and acknowledged according to law ; 
and all sales under powers, and all judgments, decrees and legal 
proceedings, and all sales thereunder (sales for taxes and 
assessments, and judgments and proceedings for the enforcement of 
taxes and assessments excepted,) shall be presumed to be regular 
and cO'/rect, except as against the person or persons in this section 
before mentioned, and any person alleging any defect or irregularity 
in any such conveyance, acknowledgment, sale, judgment, decree or 
legal proceeding shall be held bound to prove the same, and any 
deed proved under the provisions of this act purporting to be based 
upon the execution of any power or upon a judgment or decree 
shall be prima facie evidence of the existence of such power, judg- 
ment or decree : Provided, that nothing in this act contained shall 
impair the effect of said destroyed record as notice." 

"Section 15, It shall be competent for said courts, in all such 
decrees, whether pro confesso or on the report of any master or 
special commi-^sioner, or otherwise, to determine and decree in whom 
the title in any or all of the lands described in said petition is 
vested, whether in the petitioner, or in any other of the parties 
before the court; but said decree shall not in anywise affect any 



EECOEDS. 261 



lien or liens to which said fee may be subject, and which have 
been created since the destruction of such records, whether the 
same be by mortgage, deed of trust, judgment, statute, mechanics' 
hen, or otherwise, but shall leave all such liens to be ascertained 
or established in some other proceeding, or to be enforced as the 
parties holding them may see fit, 

"Section 16. Said decree of said court, when entered, shall be 
forever binding and conclusive : Provided, that any decree shall be 
subject to be opened, modified, vacated or set aside on appeal or 
writ of error sued out within two years after the entry of such decree : 
A7id, provided further, that insane persons and minors shall have 
two years after their disabilities are removed to prosecute a writ of 
error upon said decree : Provided, further, that any decree euiered 
upon any petition or cross-petition, which does not make defendant, 
by name, all persons who shall be in possession of such lands or 
any part tjiereof, at the time of the filing of such petition, or which 
does not make defendant, by name, all persons to whom any such 
lands shall have been conveyed, and the deed or deeds of such 
conveyance shall have been recorded in the office of the recorder of 
deeds of such county since the time of the destruction of the 
records, as aforesaid, and prior to the time of the filing of any 
such petition, shall be absolutely void as to such person omitted, 
' but shall be final and conclusive as to ail others : And, promded 
further, that all defendants who sball not be actually served with a 
summons in the suit in which such decree may be rendered, sball 
have allowed to them one year after the entry of such decree with- 
in which, upon petition to the court rendering the same, to have 
the said decree vacated and set aside in the same manner as is 
now allowed to defendants under section 19, of chapter 22, of the 
Revised Statutes entitled 'Chancery.' " 

"Section 24. Whenever, upon the trial of any suit or proceeding 
which is now or hereafter may be pending in any court in tbis State, 
any party to such suit or proceeding, or his agent or his attorney, 
in his behalf, shall orally in court, or by affidavit to be filed in 
such cause, testify and state under oath that the originals of any 
deeds or other instrument in writing, or records of any court re- 
lating to any lands, the title or any interest therein, being in con- 
troversy in such suit or proceeding, are lost or destroyed, or not 
within the power of the party to produce the same, and that the 
records thereof are destroyed by fire or otherwise, it shall be 
lawful for such party to offer, and the court shall receive, as 
evidence, any abstract of title, or letter-press copy thereof, made in 
the ordinary course of business prior to such loss or destruction, 
and it shall also be lawful for any such party to offer, and the court 
shall receive, as evidence, any copy, extracts or minutes from such 
destroyed records, or from the originals thereof, which were, at the 
date of such destruction or loss, in the possession of persons then 
engaged in the business of making abstracts of title for others for 
hire. A sworn copy of any writing admissible under this section, 
made by the person or persons having possession of such writing. 



262 REVENUE. 



shall be admissible in evidence in like manner, and with like effect,. 
as such writing, provided the party desiring to use such sworn copy 
as evidence shall have given the opposite party a reasonable oppor- 
tunity to verify the correctness of such copy." 

Approved June 15, 1887." 



EEVENUB. 

. GENERAL LEVY FOR STATE PURPOSES. 

§ 1. Provides tor raising $2, 800, 000 upon the i §2. Rates computed, 
valuation of 1887 and $2, 200, 000 upon 
the valuation of 1888 for "revenue 
fund," and SlOO, 000, 000 annually for 
"school fund." 

An Act to provide the necessary revenue for State purposes. 

Section 1. Be it enacted hy the People of the State of Illinois,, 
represented 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 million eight hundred thousand dollars ($2,800,000) upon 
the assessed value of property for the year A. D. 1887, and the sum 
of two million two hundred thousand dollars ($2,200,000) upon the 
assessed value of property for the year A. D. 1888. And for State 
school purposes, to be designated "State school fund," the sum of 
one million dollars ($1,000,000) upon the assessed taxable property 
for the year A. D. 18S7, and the sum of one million dollars 
($1,000,000) upon the assessed taxable property for the year A. D. 
1888, in lieu of the two mill tax. 

§ 2. The Governor and Auditor shall annually compute the several 
rates per cent, required to produce not less than the above amounts ; 
anything in any other act providing a different manner of ascer- 
taining the amount of revenue required to be levied for State pur- 
poses 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 15, 1887. 



EOADS, HIGHWAYS AND BKIDGES. 263 



ROADS, HIGHWAYS AND BRIDGES. 



COUNTIES UNDEE TOWNSHIP OPtGANIZATION — PUBLIC HIGHWAYS. 

§ 1. Amends section 1, act of 1883, by declaring that all roads laid out or used for 15 years 

shall be public highways. 

An Act to amend an act entitled "An act in regard to roads and 
bridges in counties under toivnship organization, and to amend an 
act dnd parts of acts therein named," approved June 23, 1883, in 
force July 1, 1883. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section one (1) of an act 
entitled "An act in regard to roads and bridges in bounties under 
township organization, and to repeal an act and parts of acts therein 
named," be 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 all roads in this State 
which have been laid out in pursuance of any law of this State, or 
of the territory of Illinois, or which have been established by dedi- 
cation, or used by the public as a Highway for fifteen (15) years, 
and which have not been vacated in pursuance of law, are hereby 
declared to be public highways." 

Approved June 17, 1887, 



COUNTIES UNDER TOWNSHIP ORGANIZATION — BRIDGES. 

§ 1. Amends section 19 of the act of 1883 by providing for estimates and the manner of con- 
structing bridges when county aid is granted. 

An Act to amend section 19 of "An act in regard to roads and bridges 
in counties under toivnship organization, and to repeal an act and 
parts of acts therein named," approved June 23, 1883, in force Jidy 
1, 1883. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 19 of "An act in 
regard to roads and bridges in counties under township organiza- 
tion, and to repeal an act and parts of an act therein named," 
approved June 23, 1883, in foice July 1, 1883, be and the same is 
hereby amended so as to read as follows, to- wit : 

"Section 19. When county board may aid town in the construc- 
tion of a bridge. — When it is necessary to construct or repair any 
bridge over a stream, or any approach or approaches thereto, by 
means of an embankment or trestlework, on a public road in any 
town, or on or near to or across a town line, in which work the 



264: ROADS, HIGHWAYS AND BRIDGES. 



town is wholly or in part responsible, and the cost of which will be 
more than twenty cents on the one hundred dollars on the latest 
assessment roll, and the levy of the road and bridge tax for two 
years previous in said town was in each year for the full amount of 
sixty cents on each one hundred dollars allowed by law for the 
commissioners to raise, the major part of which is needed for the 
ordinary repair of roads and bridges, the commissioners may petition 
the county board for aid, and if the foregoing facts shall appear 
the county board shall appropriate from the county treasury a sum 
sufficient to meet one-half the expenses of the said bridge or other 
work, on condition that the town asking aid shall furnish the other 
half of the required amount : Provided, that said commissioners 
shall, when it is determined by them that they will ask said county 
aid, as provided for in this section, and before any contract for 
work or material, or any other expense, may have been entered into, 
present their said petition to the county board if it shall be in ses- 
sion, and if it shall not be in session, to the chairman of said 
county board, whereupon said county board, or the chairman there- 
of, as the case may be, shall appoint three members of said board, 
none of whom shall reside in the town asking aid as aforesaid, to 
represent the county in said matter, and said supervisors, when so 
appointed and notified, shall meet said commissioners at time and 
place to be selected by said commissioners ; and the commissioners 
and supervisors shall organize by electing one of their number 
chairman, and said commissioners and supervisors shall make all 
contracts in manner provided by law for work, material and other 
expenses necessary for the construction or repairing of said bridge 
or approach or approaches thereto, a majority vote of said commis- 
sioners and three supervisors being necessary to make any contract 
or incur any expense : And provided^ further, that all expenditures 
shall be made by said commissioners and supervisors, and the 
county board shall not be liable for any part of said expenses, or 
compelled to pay any part of its appropriation, until all of the work 
has been fully completed and accepted by said commissioners and 
supervisors, and said facts properly certified to by said supervisors 
and presented to said county board at a meeting held after the 
completion of said work, which certificate shall contain an itemized 
account of the exjDenditures : And provided, farther, _ if the super- 
visors and commissioners, when organized as aforesaid, shall fail to 
agree or come to a conclusion on the matters before them, they 
shall, on account of a tie, summons a reputable citizen who is a 
householder of said county, but not a resident of the town asking 
aid, said summons to be served by any constable of the county; 
and all questions in dispute and remaining unsettled shall be sub- 
mitted to him, whose decision shall be final on all matters so sub- 
mitted. The fees of the householder shall be the same as that of 
the supervisors, and the constable's fees shall be the same as con- 
stable fees for summoning a jury, and all of said fees of said mem- 
bers of said commission and constable fees shall be paid out of 
said funds as part of the expenses." 

Approved June 10, 1887. 



ROADS, HIGHWAYS AND BRIDGES. 



265 



IN COUNTIES NOT UNDER TOWNSHIP ORGANIZATION. 



'§ 1. Eight of the road. 

§ 2. Penalties for employing drunken driv- 
ers. 

§ 3. Penalties for drunkenness while on 
the road. 

§ 4. Fast driving. 

§ 5. Leaving horses unfastened, while 
standing. 

§ 6. Liability of owner of vehicle for car- 
rying passenger, for injury. 

§ 7. "Carriage" defined. 

§ 8. This act not in force in cities. 

§ 9. Penalties for destroying or defacing 
guide-boards. 

§ 10. Obstructing roads. 

§ 11. Penalties for depositing garbage, etc. 

§ 12. Penalties for injuring or destroying 
sidewalk, bridge or culvert. 

§ 13. Suits for the recovery of fines, whe'n 
brought. 

§ 14. Pines paid to treasurer of commis- 
sioners. 

§ 15. Crossings under roads by owners of 
lands on both sides. 

I 16. Road districts. 

§ 17. Districts corporate. 

§ 18. Powers of corporate districts. 

§ 19. Commissioners and clerk. 

I 20. First election of commissioners and 
clerk under this act. 

§ 21. County clerk shall issue notice. 

J 22. Elections, how conducted. 

§ 23. Qualification of voters. 

.§ 24. Annual elections. 

§ 25. District clerk shall give notice of an- 
nual elections. 

§ 26. Canvass of votes and return by the 
judges. 

§ 27. Canvass of returns by highway com- 
missioners, record. 

Tie vote ; decided by lot. 

Notice of election to district officers ; 
list of qualified officers filed with 
county clerk. 

Eligibility to office. 

Oath of office. 

Refusal to qualify. 

Penalties for neglect to take oath of 
office. 

Clerk ex-officio trfeasurer; bond; duties 

Commissioners may remove clerk for 
cause. 

N eglect of clerk to qualify. 

Successor of commissioner or clerk 
shall make immediate demand for 
records and property. 

Successor in ease of vacancy shall 
make immediate demand. 

Retiring officers shall deliver posses- 
sion of records and property. 

Vacancies ; how filled. 

County clerk shall give notice of ap- 
pointment. 

§ 42. Resignation of district officer; notice 
of vacancy. 



§ 


28. 


§ 


29 


§ 


30 


■§ 


31. 


§ 


32. 


§ 


33 


§ 


34. 


§ 


35 


§ 


36. 


§ 


37 


,s 


38 


§ 


39 


,J 


40 


J 


41 



§ 43. District clerk custodian of records; 
authorized to administer oaths. 

§ 44. Record of proceedings ; records pub- 
lic. 

§ 45. Clerk shall certify annually to the 
county clerk the amount of taxes 
required to be raised. 

§ 46. Record evidence, certffied by clerk. 

§ 47. Books and stationery for clerk's 

office. 
§ 48. Receipts and disbursements by the 

clerk; itemized statement ; accounts 

audited by the board; publication 

of report. 
§ 49. Compensation of district officers. 
§ 50. All roads laid out in pursuance of 

law, or in use 20 years, declared 

public highways. 
§ 51. Commissioners shall have charge of 

roads and bridges; permanent 

roads. 
§ 52. Superintendent of roads. 

§ 53. Commissioners shall not be inter- 
ested in contracts. 

§ 54. Duties of commissioners defined. 

§ 65. Tile drainage ; contracts with owners 
of adjoining lands. 

§ 56. Willow hedges, destruction of; here- 
after declared to be a nuisance. 

§ 57. Entering upon lands adjacent to 
highways for the purpose of open- 
ing ditches ; assessment of damages. 

§ 58. Grading; sidewalks: section corner 
stones ; culverts and crossings. 

§ 59. Anmial meetings of commissioners 
for organization; other regular 
meetings; quoi-um; place of meet- 
ing; special meetings. 

§ 60. Poll-tax; notice, collection; judg- 
ment. 

§ 61. Collection on judgment and execu- 
tion. 

§ 62. Tax levy ; limit of per cent. ; first levy 
underfills act. 

§ 63. Commissioners make certificate of 
tax rate ; extension on the tax books 
by county clerk. 

§ 64. Damages allowed for laying out roads 
included in tax rale. 

§ 65. Order for damages allowed, drawn by 
commissioners. 

§. 66. Annually in December the commis- 
sioners shall file report with clerk ; 
items to be included. 

§ 67. Bridges, aid by county board. 

§ 68. Bridges across streams between 
counties and districts ; how built. 

§ 69. Repairs between counties and dis- 
tricts. 

§ 70. When adjoining districts disagree, the 
proposition shall be submitted to a 
vote in the district desiring the 
bridge ; issue bonds. 

§ 71. Neglect or refusal to fulfill contract. 

§ 72. Repairing and building of roads and 
bridges shall be by contract except 
in certain cases ; advertising. 



266 



EOADS, HIGHWAYS AND BETDGES. 



§ 73. Contracts between districts shall be 
let by commissioners of both dis- 
tricts; advertising forbids. 

§ 74. Eejeetion of bids ; bonds to fulfill con- 
tract. 

§ 75. Contracts payable iipon acceptance 

of work. 
§ 76. Width of roads ; opened within two 

years after laying out. 
§ 77. Altering and vacating. 

§ 78. Petition for altering or opening roads; 
notice by advertisement. 

§ 79. Hearing on petition ; notice of time 
and place. 

§ 80.' Postponement of hearing; notice. 

§ 81. Petition for vacation. 

§ 82. Opening new road, or altering or 
widening ; survey and plat. 

§ 83. Eesurvey of road. 

§ 84. Location of new road on route of old 
road shall not vacate the latter, un- 
less so declared. 

§ 85. Eemonstrances; consideration. 

§ 86. Damages ascertained; appeals. 

§ 87. Damages by agreement ; release by 
owner. 

§ 88. Damages assessed by jury ; notice. 

§ 89. Service of process on owners of land. 

§ 90. Non-resident and unknown owners. 

§ 91. Jury to be summoned. 

§ 92. Trial. 

§ 93. Title of the case ; proceedings in trial. 

§ 94. Commissionersshallfinally decide at 
the next regular meeting after the 
damages are determined. 

§ 95. Commissioners may annul proceed- 
ings on account of excessive dam- 
ages; new trials. 

§ 96. Order of commissioners opening, al- 
tering or \videning road. 



§ 97. Order when damages are released. 

§ 98. Inducements offered for the estab- 
lishment, alteration or vacation of 
roads. 

§ 99. Eecord evidence in clerk's office. 

§ 100. Notice for removal of fences. 

§ 101. Eoads from dwelling or farm to public 
road; location. 

§ 102. Such roads must be opened within 
two years after location. 

§ 103. Owners of enclosed lands shall hav& 
time to remove fences and harvest 
crops. 

§ 104. Public roads on county and district 
lines; copy of petition presented 
and posted in each district inter- 
ested; action of commissioners; 
orders recorded. 

§ 105. Allotment of portion of road to each 
district to open and keep in repair; 
expenses and damages divided; dis- 
agreement; arbitration. 

§ 106. Appeals to county or circuit court. 

§ 107. Appeal bond. 

§ 108. Appeals taken by commissioners, 
against commissioners of adjoin- 
ing district. 

§ 109. Eoads heretofore located; roads on. 
county and district lines defined. 

§ 110. Eoads on State line. 

§ 111. Commissioners, penalties for refus- 
ing to discharge duties. 

§ 112. Fines for driving faster than a walk 
over bridges. 

§ 113. Notice to E. E. companies in laying 
out new roads along railroads. 

§ 114. How such notice shall be served. 

§ 115. Eepeals the act of 1873.. 



An Act to provide for the organization of road districts, the election 
and duties of officers therein, and in regard to roads and bridges, in 
counties not under township organization, and to repeal an act and 
parts of acts therein named. 

Section 1. Be it enacted by the Feople of the State of Illinois, 
represented in the General Assembly: That whenever any persons, 
travehng with any carriages, shall meet on any turnpike, road or 
pubhc highway in this State, the persons so meeting shall season- 
ably turn their carriages to the right of the beaten track, so as to 
permit each carriage to pass without interfering or interrupting,, 
under the penalty of five dollars for every neglect or offense, to be 
recovered by the party aggrieved : Provided, this section shall not 
be construed to apply to a case where it is impracticable from the 
nature of the ground for the driver of the carriage or wagon to turn 
to the right of the beaten track. 

§ 2, No person owning any carriage, running or traveling upon 
any road in this State for the conveyance of passengers, shall 
knowingly employ, or continue in employment, any person to drive 
such carriage who is addicted to drunkenness or the excessive use- 
of spirituous liquors ; and if any such owner shall violate the. pro 



ROADS, HIGHWAYS AND BRIDGES. 26T 



visions of this section, after he shall have had notice and reason- 
able proof that such driver is addicted to drunkenness, be shall 
forfeit at the rate of five dollars per day for all the time during^ 
which thereafter he shall keep such driver in his employment, to be 
sued for by any person, and collected in any court having compe- 
tent jurisdiction ; and the court may allow a portion of said penalty, 
not exceeding $25, to be retained by such complainant as a com- 
pensation for his services and expenses, the balance to be paid to 
the road treasury of the district where such offense was committed. 
Any person driving his own team, or the team of another, on the 
public highway, when intoxicated, shall be subject to a fine of not 
less than three dollars, nor more than twenty-five dollars for each 
offense. 

§ 3. If any driver, while actually employed in driving any such 
carriage, shall be guilty of intoxication, to such a degree as to 
endanger the safety of the passengers in the carriage, it shall be 
the duty of the owner of such carriage, on receiving written notice 
of the fact, signed by any one of said passengers, and certified by 
him on oath, forthwith to discharge such driver from his employ- 
ment ; and every sach owner who shall retain, or have in his employ, 
within thirty days after the receipt of such notice, any driver who 
shall have been so intoxicated, shall forfeit at the rate of five 
dollars per day for the time during which he shall keep any such 
driver in his employment after receiving such notice, to be sued for 
and applied as dire'^ted in section two of this act. 

§ 4, No person driving any carriage upon any turnpike, road or 
public highway within the State, with or without passengers therein,, 
shall run his horses or carriage or permit the same to run, upon 
any occasion, or for any purpose whatever, except in case of neces- 
sity ; and every person who shall offend against the provisions of 
this section shall be deemed guilty of a misdemeanor, and, on con- 
viction thereof, shall be fined not exceeding $100, or imprisoned not 
exceeding sixty days, at the discretion of the court. 

§ 5. It shall not be lawful for the driver of any carriage, used 
for the purpose of conveying passengers for hire, to leave the horses 
attached thereto while passengers remain therein, without making 
such horses fast with a sufficient halter, rope or chain, or by placing 
the lines in the hands of some other person, so as to prevent their 
running; and if any such driver shall offend against the provisions 
of this section, he shall forfeit the sum of $20, to be recovered by 
action, to be commenced within six months ; and unless the amount 
of such recovery be paid forthwith, execution shall be immediately 
issued therefor. 

§ 6. The owner of every carriage running upon any turnpike, road 
or public highway, for the conveyance of passengers, shall be liable, 
jointly or severally, to the party injured, in all cases, for all injuries 
or damages done by any person in the employment of such owners 
as a driver, while driving such carriage, to any person, or to the- 
property of any person, and that whenever the act occasioning such 
injury or damage be wilful, negligent or otherwise, in the sam& 
manner as such driver would be liable. Any driver of any mail 



'268 ROADS, HIGHWAYS AND BRIDGES. 



stage coach, or any other vehicle for the conveyance of passengers, 
wilfully offending against the provisions of this act, shall be deemed 
guilty of a misdemeanor, and on conviction thereof, shall be fined 
not exceeding $300, or imprisoned not exceeding four months. 

§ 7. The term "carriage," as used in this act, shall be construed 
to include stage coaches, wagons, carts, sleighs, sleds and every 
other carriage or vehicle used for the transportation of passengers 
and goods, or either of them. 

§ 8. Nothing contained in this act shall interfere with or affect 
any law concerning hackney coaches or carriages in any of the cities 
of this State, nor interfere with nor affect the laws or ordinances of 
any such city for the licensing or regulating such coaches or car- 
riages. Justices of the peace shall have jurisdiction in all cases 
arising under this act, where the penalty does not exceed their 
jurisdiction. 

§ 9. For destroying or defacing any guide-board, post or mile- 
stone, or any notice or direction put up on any bridge or otherwise, 
by or with the authority of the commissioners of highways, the 
offender shall forfeit a sum not less than three dollars nor more 
than fifty dollars. 

§ 10, If any person shall injure or obstruct a public road by 
falling a tree or trees in, upon or across the same, or by placing or 
leaving any other obstruction thereon, or encroaching upon the same 
with any fence, or by plowing or digging any ditch or other opening 
thereon, or by turning a current of water so as to saturate or wash 
the same, or shall leave the 'cuttings of any hedge thereon, for more 
than ten days, they shall forfeit for every such "offense a sum not 
less than three dollars nor more than ten dollars ; and in case of 
placing any obstruction on the highway, an additional sum of not 
-exceeding three dollars per day for every day he shall suffer such 
obstruction to remain after he has been ordered to remove the same 
by any of the commissioners ; complaint to be made by any person 
feeling himself aggrieved : Provided, this section shall not apply to 
any person who shall lawfully fall any tree for use, and will imme- 
diately remove the same out of the road, nor to any person through 
whose land a public road may pass, who shall desire to drain his 
land, and shall give due notice to the commissioners of such inten- 
tion: And, provided, further, that the commissioners, after having 
given reasonable notice (to the owners) of the obstruction, or person 
so obstructing or plowing or digging ditches upon such road, of the 
obstruction, may remove any such fence or other obstruction, fill up 
any such ditch or excavation, except ditches necessary to the drain- 
age of an adjoining farm, emptymg into a ditch upon the highway, 
and recover the necessary cost of such removal from such owner or 
other person obstructing such road aforesaid, to be collected by said 
commissioners 'before any justice of the peace having jurisdiction. 

§ li. It is hereby declared unlawful for any land owner, renter 
or other person to deposit in a public road, weeds, trash, garbage 
or any offensive matter, and any person so offending shall be liable 
to a penalty of not less than three dollars nor more than ten dollars ; 
but this shall not apply where proper deposits may be made in good 
faith and in a proper manner to repair the roads. 



EOADS, HIGHWAYS AND BRIDGES. 269 



§ 12. If any person shall purposely destroy or injure any side- 
walk, public bridge, culvert or causeway, or remove any of the 
timber or plank thereof, or obstruct the same, he shall forfeit a 
sum not less than three nor more than one hundred dollars, and 
shall be liable for all damages occasioned thereby and all necessary 
costs for rebuilding or repairing the same. 

§ 13. All suits for the recovery of any fine or penalty under this 
act shall be brought in the name of the district in which the offense 
is committed, before any justice of the peace or police magistrate 
within the district, who shall have jurisdiction in such cases to the 
extent of their jurisdiction in other cases; and it shall be the duty 
of the commissioners to seasonably prosecute for all fines and penal- 
ties under this act ; but in case of a failure of said officers to so 
prosecute, complaint may be made by any person : Provided, said 
person shall, before bringing suit in the name of the district, give 
a bond for costs, as is provided for in the case of non-residents. 
But whenever any person shall enter complaint to any road com- 
missioner it shall be the duty of sucli commissioner to at once pro- 
ceed to investigate as to the reasons of such complaint, and if such 
complaint is found to be just he shall at once proceed to prosecu- 
tion : Provided, further, that the commissioners may sue and be sued 
on all contracts entered into by them for the construction and re- 
pairing of roads and bridges, and the judgment in any such case 
against the commissioners shall be a district charge. 

§ 14. All fines recovered under the provisions of this act, unless 
otherwise provided, shall be paid over to the treasurer of the com- 
missioners of the district where the offense is committed, to be ex- 
pended upon the roads and bridges in said district. 

§ 15. Any person owing, using or occupying lands on both sides 
of any public highway, shall be entitled to the privilege of making 
a crossing under said highway, for the purpose of letting his cattle 
and other domestic animals cross said road : Provided, said person 
shall erect, at his own expense, a good and substantial bridge, with 
good railings on each side thereof, and build an embankment, of 
easy grade, on either side of said bridge ; said bridge to be not less than 
sixteen feet wide, and to be approved by the commissioners of the dis- 
trict in which said bridge is built, and the same to be kept constantly 
in good repair by the owner or occupant of said land, the construction 
subject always to the consent and approval of the commissioners 
of said district : And, provided further, that in case such crossing is 
made on any water-way or natural channel for water and where a 
culvert or bridge is maintained as required for road purposes, said 
owners or occupants shall not be required to pay for or construct 
any more of said crossing than the additional cost of such crossing 
over and above the necessary cost of a suitable culvert or bridge 
for road purposes at such place. 

§ 16. It shall be the duty of the county boards of the several 
counties, at their first session after this act shall be in force and 
take effect, to divide the county into road districts, where it is 
practicable, to be composed of territory not less than a congres- 



:270 ROADS, HIGHWAYS AND BRIDGES. 



sional township (fractional or whole townships may be attached to 
other fractional or whole townships.) The districts so formed shall 
be designated by some number. 

§ 17. The corporate name of each district shall be, Eoad District 

No. , and all acts done by the district, and all actions by or 

against the district shall be in its corporate name. 

§ 18. Every district so organized shall have corporate capacity 
to exercise the powers granted thereto, or necessarily implied and 
no others. It shall have power : 1. To sue and be sued 2. To 
acquire by purchase, gift or devise, and to hold property, both real 
and personal, for the use of its inhabitants, and again to sell and 
convey the same. 3. To make all such contracts as may be neces- 
sary in the exercise of the powers of the district. 

§ 19. For the purpose of carrying into effect the provisions of 
this act there shall be elected iu each district, three commissioners 
of highways and one district clerk (who shall be ex-qfficio treasurer 
of said board), who shall hold their respective otiices for the term 
of three years, and until their successors are elected and qualified : 
Provided, that of the commissioners of highways elected at the first 
election, one shall hold his of&ce for one year, and one for two 
years, and the other for three years, to be determined between them 
by lot before entering upon the duties of their office, and until their 
respective successors are elected and qualihed. . 

§ 20. The county board shall, at least twenty days before the 
first Tuesday in March, next after the passage of this act, designate 
some central and convenient place in each district for the holding 
of the first district election, and shall also appoint three suitable 
electors of the district as judges of election. After the canvas 
of the votes, the judges shall make returns as provided in the gen- 
eral election law of this State, to the county clerk, who shall make 
a canvas of the votes, and immediately notify the persons elected 
of their election. The expenses of the first election shall be paid 
by the county. 

§ 21. The county clerk shall thereupon make out notices, stating 
the time (which shall be the first Tuesday in March thereafter) and 
place of holding the first district election, and the names of the 
' judges of election so appointed, and deliver such notices to the 
■sheriff of the county, who shall cause the same to be posted in not 
less than three of the most public places of the district, and not 
less than fifteen days before the time of holding such election. 

§ 22. The district elections shall be conducted in the same man- 
ner, and subject to the same laws and regulations as prescribed 
for general elections : Provided, that no registration of voters shall 
be required. 

§ 23. All persons possessing the qualifications of voters, who 
reside within the boundaries prescribed for such district, and do not 
reside within the corporate limits of any village or city, shall be 
entitled to vote at such election. 

§ 24. The annual election for district officers shall be held on 
the first Tuesday of March, of each year, at the place designated 



ROADS, HIGHWAYS AND BRIDGES. 271 



by the commissioners of highways. The commissioners shall be 
■ex-qfficio judges, and the clerk shall be ex-officio clerk of all district 
elections, but before entering upon the discharge of their duties, 
they shall take the oath of of&ce prescribed by the general election 
law of the State. In the absence of any of the above named offi- 
cers, the vacancy shall be filled by appointment by the commis- 
sioners present, and in case there is no commissioner present, the 
electors present shall appoint such judges. 

§ 25. Notice of the time and place of holding any annual or 
special election shall be given by the district clerk, or, in his 
absence, by the commissioners, by posting written or printed notices 
in at least three of the most public places in the district, at least 
fifteen days prior to such election. 

§ 26. The judges shall, immediately upon closing the polls, make 
a canvas of the votes polled in the manner provided by the general 
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 
or proposition voted for, and the office for which such person re- 
ceived such vote, and shall, within forty-eight hours thereafter, 
cause such certificate and poll list; together with the ballots cast 
at such election, to be separately sealed up and transmitted to the 
district clerk, to be filed and preserved by him. 

§ 27. The commissioners of highways, together with some justice 
of the peace to be by them selected, and the district clerk, shall, 
within five days after any election is held, meet and canvas said 
returns, and declare the result of said election. The canvas being 
completed, a statement of the result shall be entered at large, by 
the clerk of the meeting, in .the minutes of the proceedings, to be 
kept by him as required by this act, which shall be publicly read 
by him to the meeting ; and such reading shall be deemed notice 
of the result of the election to every person whose name shall be 
entered on the poll list as a voter. 

§ 28. In case two or more persons shall have an equal number 
of votes for the same office, the question of which shall be entitled 
to the office shall be decided by lot, under direction of the district 
clerk, but he shall give each party at least five days' notice of the 
time and place of drawing lots. 

§ 29. The clerk of every meeting held pursuant to section 27, of 
this act, shall, within ten days thereafter, transmit to each person 
elected to any district office, a notice of his election. He shall also 
file in the office of the county clerk a list of the names of all dis- 
trict officers elected at such election, who have qualified, within 
twenty days after such election shall be held. 

§ 30. No person shall be eligible to any district office unless 
he shall be a legal voter, and have been one year a resident of 
said district. 

§ 31. Every person elected or appointed to the office of com- 
missioner of highways or clerk, before he enters upon the duties of 
his office, and within ten days after he shall be notified of his elec- 
tion or appointment, shall take and subscribe, before some justice 



272 ROADS, HIGHWAYS AND BRIDGES. 



of the peace or district clerk, the oath or affirmation of office pre- 
scribed by the constitution, which shall, within live days thereafter, 
be filed in the office of the district clerk. 

§ 32. If any person elected or appointed to either of the offices 
above enumerated shall neglect to take and subscribe such oath, 
and cause the certificate to be filed as above required, such neglect 
shall be deemed a refusal to serve. If any person elected or ap- 
pointed, shall refuse to serve, he shall forfeit to the district the 
sum of $25. 

§ 33. If any district officer, who is by law required to take the 
oath of office, shall enter upon the duties of his office before he 
shall have taken such oath, he shall' forfeit to the district the sum 

of 150. 

§ 34. The clerk, as treasurer, shall receive and have charge of 
all moneys collected and received for the maintenance of roads and 
bridges, and for road and ditch damages. He shall pay out said 
moneys on an order signed by not less than two of the commis- 
sioners, and not otherwise, and keep a separate account thereof. 
He shall execute a bond in double the amount of moneys likely to 
come into his hands, with good and sufficient security for all 
moneys coming into his hands by virtue of this act, conditioned 
that he will faithfully discharge his duties as such treasurer; that 
he will honestly and faithfully account for and pay over, upon the 
proper orders, all moneys coming into his hands as treasurer, and 
the balance, if any, to his successor in office. Before receiving 
these funds he shall give this bond to the district, to be approved 
by the commissioners of highways, and filed in the office of the 
county clerk with such approval endorsed thereon : Provided, that 
if from any cause the commissioners of highways shall deem the 
bond so given insufficient they may require a new bond: And, 
provided further, that the commissioners shall have the right to fix 
any other sum to be required in any new bond so given. 

§ 35. The board of commissioners of highways shall have power 
to remove the district clerk, at any time, for any failure or refusal 
to execute or comply with any order or requisition of said board, 
legally made, or for any other improper conduct in the discharge 
of his duties as clerk or treasurer. They shall have power, for any 
failure or refusal as aforesaid, to sue him upon his bond. 

§ 36. If any person elected or appointed to the office of clerk 
and ex-officio treasurer, shall not give such security and take such 
oath as is required, within ten days after receiving notice of his 
election or appointment, such neglect shall be deemed a refusal to 
serve. 

§ 37. When the term of any commissioner of highways or clerk 
shall expire, and other persons shall be appointed to such office, it 
shall be the duty of such successor, immediately after he shall 
have entered upon the duties of his office, to demand of his pre- 
decessor all the books, papers, moneys and other property under 
Ms control, belonging to such office. 



ROADS, HIGHWAYS AND BRIDGES. 273 



§ 38. Whenever either of the officers above named shall resign, 
or the office become vacant in any way, and another person shall 
be elected or appointed in his stead, the person so elected or ap- 
pointed shall make such demand of his predecessor, or of any per- 
son having charge of such books, papers, moneys or other property. 

§ 39. It shall be the duty of every person so going out of office, 
whenever thereto required pursuant to the foregoing provisions, to 
deliver up, on oath, all the records, books, papers, moneys and 
other property in his possession or in his control belonging to the 
office held by him ; which oath may be administered by the officer 
to whom such delivery shall be made. 

§ 40, Whenever any district shall fail to elect the proper num- 
ber of district officers to which such district may be entitled by law, 
or when any person elected to any district office shall fail to qualify, 
or whenever any vacancy shall happen in any district, from death, 
resignation, removal from the district or other cause, it shall be the 
duty of the county board to fill such vacancy by certificate under 
the hand and seal of the county clerk ; and the persons so appointed 
shall hold their respective offices until the next annual election, 
and until their successors are elected and qualified ; and shall have 
the same powers and be subject to the same duties and penalties 
as if they had been duly elected by the electors. 

§ 41. When any appointment shall be made, as provided in sec- 
tion 40, of this act, the county clerk shall cause the certificate of 
appointment to be forthwith filed in the office of the district clerk, 
who shall immediately give notice to each person appointed. 

§ 42. Any justice of the peace residing in such district, may, for 
sufficient cause shown to him, accept the resignation of any dis- 
trict officer of his district, and whenever he shall accept any such 
resignation, he shall forthwith give notice thereof to the district 
clerk of the district, or in his absence, to the president of the board 
of commissioners of highways, who shall make a minute thereof 
upon the district records. He shall also immediately give notice to 
the county clerk of any vacancy that may exist in any district 
office. 

§ 43. The district clerk shall have the custody of all records, 
books and papers of the district, and he shall duly file all certifi- 
cates or oaths and other papers required by law to be filed in his 
office. He is authorized to administer oaths and take affidavits in 
all cases required by law to be administered or taken by district 
officers. 

§ 44. He shall record in the book of records of his district, the 
minutes of the proceedings of every meeting of the board of com- 
missioners of highways held therein, and shall enter in said book 
every order or direction, and all by-laws, rules and regulations 
made by said board at any meeting. All records and books re- 
quired by law to be kept by such clerks, shall be deemed public 
records and shall at all times be open to inspection without fee 
or reward. 

— 1R 



274 ROADS, HIGHWAYS AND BRLDGES. 



§ 45. He shall annually, at the time required by law, certify to 
the county clerk the amount of taxes required to be raised for dis- 
trict purposes ; and if any clerk shall ref ase or wilfully omit to 
make such return, he shall be lined for each offense not exceeding 



§ 46. Copies of all papers, duly filed in the office of the district 
clerk, and transcripts from the district records certified by him, 
shall be evidence in all courts with like effect as if the originals 
were produced. 

§ 47. The district clerk shall, from time to time, as may be neces- 
sary, procure the proper books and stationery for his office, and 
the cost thereof shall be paid out of the district treasury. 

§ 48. It shall be the duty of the district clerk as ex-officio treas- 
urer to receive all moneys due the district, and pay out the same 
as provided in section 34 of this act. He shall also on the second 
Tuesday of March, present to the board of commissioners of high- 
ways an itemized statement of receipts and disbursements, which 
shall be sworn to. The board shall carefully audit the accounts so 
presented, and if found correct, approve the same and cause such 
statement to be published as now provided by chapter 102 of the 
Eevised Statutes. 

§ 49. The following compensation shall be allowed to the officers 
provided for by this act : 1. The commissioners of highways shall 
each receive for each day necessarily employed in the discharge of 
their duties, the sum of one and a half dollars, upon a sworn state- 
ment to be filed by each commissioner in the district clerk's office, 
showing the number of days he was employed, and the kind of em- 
ployment, and giving the dates thereof. 2. The justice of the peace 
required by this act, to assist in canvassing the vote, shall receive 
the sum of one and a half dollars per day for his services. 3. The 
district clerk shall receive one and a half dollars per day for each 
day he shall be in attendance at a meeting of the board, and the 
same amount per day for the time he shall be employed as clerk 
of election, or in canvassing the returns of such election. He shall 
receive no other per diem. In addition to the above he shall also 
receive fees for the following services, to be paid out of the district 
funds, except where otherwise specified : For serving notice of elec- 
tion or appointment upon district officers, as required by this act, 
twenty-five cents each. For posting up notices required by law, 
twenty-five cents each. For copying any record iu his office and 
certifying to the same, ten cents for every one hundred words, to be 
paid by the person applying for the same. Such clerk shall also, 
as treasurer, receive one per cent, on all moneys received, not re- 
ceived from his predecessor, and one per cent, on all moneys paid 
out, not paid to his successor. 

§ 50. All roads in this State which have been laid out in pur- 
suance of any law of this State, or of the territory of lUii-ois, or 
which have been established by dedication or used by the public as 
a highway for twenty years, and which have not been vacated in 
pursuance of law, are hereby declared to be public highways. 



KOADS, HIGHWAYS AND BRIDGES. 275 



§ 51. The commissioners of highways shall have charge of the 
roads and bridges of their respective districts, and it shall be their 
duty to keep the same in repair and to improve them so far as prac- 
ticable. Whenever the available means at their disposal will per- 
mit, they shall construct permanent roads, beginning where most 
needed. The work on roads shall be done timely and in accordance 
with the best known methods of roadmaking, by proper grading and 
thorough drainage by tile or otherwise, as may be expedient, and by 
the application of gravel, rock or other material. 

§ 52. In order to insure efficiency, they may employ a general 
superintendent, outside their own body, to work and to execute their 
orders ; or they may divide the work, let contracts, appoint over- 
seers, or employ such other agencies as they may deem expedient 
and most to the interest of the district. 

§ 53. In letting contracts, employing labor, or in purchasing 
tools, machinery or materials, the commissioners shall not have, 
directly or indirectly, any personal pecuniary interest in connection 
therewith. 

§ 51-. Their duties shall include : 

1. To lay out, alter, widen or vacate roads as hereinafter provided, 
and to exercise such care and superintendence over roads and bridges 
as the public good may require. 

2. To cause such roads used as highways as have been laid out 
or dedicated to public use, but not sufficiently described, and such 
as have been used for twenty years but not recorded, to be ascer- 
tained, described and entered of record in the district clerk's office. 

3. To purchase for use upon highways such necessary tools, im- 
plements and machinery as they may think proper. 

4. To take possession of and keep under shelter, when not in use, 
all scrapers, plows and other tools belonging to their district wherever 
the same may be found, and not allow the same to go to waste, 
and not lend the same except to persons employed by them to work 
the roads by contract or otherwise. 

5. To cause to be erected and kept in repair at the forks or cross- 
ing place of the most important public roads, a post and guide 
board, with plain inscription thereon, in letters and figures, giving 
directions and distances to the most noted places to which such road 
may lead ; to prevent thistles, burdock, cockle-burrs, mustard, yellow- 
dock. Indian mallow and gympson weed from seeding, and to ex- 
tirpate the same so far as practicable ; and to prevent all rank 
growth of vegetation in the public highway; and the said commis- 
sioners may, at their discretion, adopt any suitable and convenient 
mode of supplying water in troughs conveniently situated on the 
public highway for public use. 

§ 55. Whenever the commissioners are about to lay a tile drain 
along a public road they shall have power to contract with the 
owners or occupants of adjoining lands to lay larger tile than would 
be necessary to drain the road, and to permit connection therewith 
by such contracting parties to drain their lands. 



276 ROADS, HIGHWAYS AND BRIDGES. 



§ 56. Where willow hedges or a line of willow trees have been 
planted along the margin of the road, so as to render tiling im- 
practicable, the commissioners may contract with the owner for 
their destruction; and they shall be destroyed before tiling; the 
planting of these trees hereafter on the margin of roads is hereby 
declared a public nuisance. 

§ 57. The commissioners of the several districts are hereby 
authorized to enter upon any land adjacent to any highway in their 
district for the purpose of opening any ditch, drain, necessary sluice 
or water- course, whenever it shall be necessary to open a water- 
course from any highway to the natural water-courses, and to dig, 
open and clean ditches upon said land for the purpose of carrying 
off the water from said highways, or to drain any slough or pond 
on said highway : Provided, that unless the owner of such land or 
his agent shall first consent to the cutting of such ditches, the com- 
missioners shall apply to any justice of the peace in the county in 
which such road is situated for a summons, directed to any con- 
stable of said county, commanding him to summon the said owner 
to appear before said justice, at a time and place specified in such 
summons, not less than five nor more than fifteen days from the 
date thereof, for the purpose of having the damage assessed which 
such owner may sustain by reason of the digging or opening of such 
ditches or drains. The said summons shall be under the hand of 
such justice, and be served in the same manner as a summons is 
now served in civil actions before justices of the peace. On the 
return of such summons, a venire shall be issued for a jury, as in 
other cases in the trial of civil actions before justices of the peace, 
which jury shall assess such damages and render a verdict therefor. 
Whereupon judgment shall be entered by the justice in accordance 
with the verdict. If either party shall feel aggrieved by such judg- 
ment, an appeal may be taken as in other cases, provided bond is 
filed within five days from the time of entering of the judgment. 
If no appeal is perfected within five days, the amount so awarded 
shall be paid before the commissioners shall be warranted and em- 
powered to enter upon such lands and dig, open and clean such 
drains, ditches and water-courses as aforesaid, for the purposes 
contemplated in this act. If the defendant appeals, the commis- 
sioners, by depositing with the justice the amount of said judgment 
and costs so recovered, to be by him transmitted, the papers in 
said cause to the court to which such appeal has been taken,. but 
they shall be required to pay whatever judgment may be finally 
recovered. The commissioners are authorized to use the poll tax 
and road money of their district for the payment of such judgment : 
Provided, that not more than one-half of such jury shall be resi- 
dents of the district which is liable to pay the damages : Provided, 
further, that in case the owner of said lands is a non-resident, ser- 
vice may be had by leaving a copy with the occupant or agent, or by 
notice in the same manner as prescribed in section 90 of this act. 

§ 58. In grading roads, whenever practicable, it shall be done so 
as to leave not less than one-tenth of the width of the road on each 
side for a sidewalk, and it shall be unlawful to ride or drive on 
such walk; and any person so offending shall be subject to a fine 



ROADS, HIGHWAYS AND BRIDGES. 277 



of five dollars for each ofifense. Corner stones marking sectional or 
other corners shall not be disturbed except to so grade the road 
that these, if in the line of travel, shall not rise above the surface, 
and corner stakes shall be replaced by good and substantial stones. 
In grading public roads, if a ditch is made at the junction of roads, 
or at the entrance of gates or other openings of border premises, 
the road authorities shall construct good and sufficient culverts, or 
other convenient crossings. 

§ 59. The commissioners shall meet with the district clerk on 
the second Tuesday in March, and organize by electing one of their 
number president, and they shall proceed to consult on their duties, 
and how best to exercise their powers as enumerated in section 52 
of this act. The commissioners shall also meet on the second Tues- 
days of June, September and December, at some central and con- 
venient place, for the transaction of any business that may come 
before them. A majority of such commissioners shall constitute a 
quorum to do business, and, in the absence of the chairman, a 
chairman pro tern, may be appointed. The place of holding the 
meetings of the commissioners shall be as near permanent as pos- 
sible. Special meetings may be called by the president of the 
board, or any two members. 

§ 60. At the meeting to be held on the second Taesday in March, 
they shall make a list of the able-bodied men in iheir district 
between the ages of twenty-one and fifty years, and deliver the 
same to their treasurer on or before the first day of April in each 
year, and assess at such meeting against each person upon such 
list a sum not less than one dollar nor more than five dollars, as 
a poll tax for highway purposes, to be paid to such treasurer by 
the first Monday in June of each year : Provided, that paupers, 
idiots, lunatics and such others as are exempt by law, shall not be 
compelled to pay a poll-tax for highway purposes : Provided, also, 
that this list shall not include persons within the limits of cities or 
incorporated villages. The treasurer shall, within ten days after 
such list is delivered to him, cause written or printed notices to be 
given to each person so assessed, notifying him of the time when, 
and place where such tax must be paid, and if this poll-tax shall 
not be paid by the first Monday of June, in such year, it shall be 
the duty of the commissioners, in the name of the town, to bring 
suit therefor against such person before some justice of the peace 
having jurisdiction thereof; summons shall be issued and return 
made in the same manner as provided by law in other cases. If 
judgment is rendered against defendant, the court shall find in such 
judgment that the same is for poll-tax unpaid, and shall endorse 
the same on the execution, if one is issued. No property belonging 
to the defendant shall be exempt from levy to satisfy such execution. 

§ 61. The constable to whom such execution shall be delivered 
shall forthwith collect the moneys therein mentioned. He shall pay 
the money so collected, when collected, to the justice of the peace 
who issued the execution, who is hereby required to pay the same 
to tbe treasurer of the road and bridge fund. 



278 ROADS, HIGHWAYS AND BRIDGES. 



§ 62. At the meeting to be held in September, the commissioners 
shall determine what per cent shall be levied on the property of the 
district for roads and bridges, which levy shall not exceed one 
hundred cents on each one hundred dollars : Provided, that the 
county board shall make the first levy provided for by this act. 

§ 63. The commissioners at said meeting shall make a certificate 
of the rate per centum finally agreed upon, by virtue of section 
sixty-two, of this act, and shall cause such certificate to be delivered 
to the district clerk, to be kept by him on file for the inspection of 
the inhabitants of said district, and the district clerk shall at once 
certify the said levy to the county clerk, to be by him extended 
separately upon the collector's book of said district, to be collected 
as other taxes, and when collected shall be paid to the treasurer of 
the commissioners by the collector, as fast as the same is collected, 
except such rate per cent, as shall be allowed for collecting the 
same. 

§ 64. When damages have been agreed upon, allowed or awarded 
for laying out, widening, altering or vacating roads, or for ditching 
to drain roads, the amounts of such damages shall be included in 
the first succeeding tax levy, provided for in section 62 of this act ; 
and when collected shall constitute and be held by the treasurer of 
the commissioners as a separate fund to be paid out to the parties 
entitled to receive the same. 

§ 65. Whenever damages have been allowed for roads or ditches 
the commissioners may draw orders on the treasurer, payable only 
out of the tax to be levied for such roads or ditches, when the 
money shall be collected or received to be given to persons damaged. 

§ 66. At the meeting to be held in December the commissioners 
shall make a report in writing, to be filed with the district clerk, 
who shall record such reports at large in the minutes of said meet- 
ing, of: 

1. The amount of poll-tax assessed, how much paid, and how 
much delinquent. 

2. The amount of road and bridge money received by them, and 
a full and detailed statement as to how and where expended, and 
the balance, if any, unexpended. 

8. The amount paid for damages in laying out, altering, widen- 
ing or vacating roads, and right of way for ditches. 

4. The amount of liabilities incurred and not paid; and if such 
liabilities are undetermined, they shall be estimated. 

5. Any additional matter concerning the roads and bridges of 
the district they may think expedient and proper to make. 

§ 67. When it is necessary to construct or repair any bridge 
over a stream, or to construct or repair any other distinct and ex- 
pensive work on a public road in any district, or on, or near to, or 
across a district line, in which work the district is wholly or in 
part responsible, and the cost of which will be more than one hun- 
dred dollars, and the levy of the road and bridge tax for that year 
in said district was for the full amounu of one hundred cenh on 
each one hundred dollars, allowed by law for the commissioners to 



ROADS, HIGHWAYS AND BRIDGES. 279 



raise, the major part of which is needed for the ordinary repair of 
roads and bridges, the commissioners may petition tlie county board 
for aid; and if the foregoing facts shall appear, the county board 
may, if deemed to the interests of the public, appropriate from the 
county treasury a sufficient sum to construct said bridge or other 
work. The expenditure of these funds shall be made by the county 
commissioners, and any surplus funds appropriated by the county 
board, after the completion of the work, shall be paid into, or lapse 
into the county treasury. 

§ 68. Bridges over streams which divide districts or counties, 
and bridges over streams on roads on county or district lines, shall 
be built and repaired at the expense of such districts or counties : 
Provided, that for the building and maintaining of bridges over 
streams near county or district lines, in which both are interested, 
the expense of building and maintaining any such bridges shall be 
borne by both counties or districts in such proportion as shall be 
just and equitable between said districts or counties, taking into 
consideration the taxable property in each, the location of the bridge 
and the advantage of each to be determined by the commissioners 
in making contracts for the same, as provided for in section 69 of 
this act. 

§ 69. For the purpose of building or keeping in repair such 
bridge or bridges, it shall be lawful for the commissioners of such 
adjoining districts, whether they be in the same or different coun- 
ties, or county boards of such adjoining counties, to enter into joint 
contracts, and such contracts may be enforced in law or equity, 
against such commissioners jointly, the same as if entered into by 
individuals, and such commissioners or county boards may be pro- 
ceeded against, jointly, by any parties interested in such bridge or 
bridges, for any neglect of duty in reference to such bridge or 
bridges, or for any damage growing out of such neglect. 

§ 70. Whenever the commissioners of either of .such adjoining 
districts shall refuse to enter into such joint contracts to build and 
maintain such bridge or bridges, the commissioners of the other 
district may submit such question to an annual or call a special 
election to vote upon the proposition as to whether such district 
shall proceed to build and maintain such bridge or bridges at its 
own expense. If such proposed bridge shall require a greater sum 
of money to complete it than is available to the commissioners by 
other means, they may also submit the proposition to such annual 
or special election to borrow money to build such bridge. The 
voting shall be by ballot, and if simply the question as to the build- 
ing of the bridge is submitted, if the voter desires to vote for build- 
ing the bridge, his ballot shall state "to build bridge," and if he 
desires to vote against the proposition, his ballot shah state "against 
the proposition to build bridge." If the proposition to borrow money 
to build such bridge shall be included in the notice, the maximum 
amount to be borrowed shall be stated in the same, and the voter 
desiring to vote affirmatively shall state on his ballot "to build 
bridge and to borrow money to construct the same;" and if he de- 
sires to vote negatively, his ballot shall state "against the proposi- 
tion to build bridge and to borrow money to construct the same." 



•^80 ROADS, HIGHWAYS AND BRIDGES. 



Such special election shall be called and held in the same manner 
as is provided in sections 25, 26 and 27 of this act. If the pro- 
position to build such bridge shall receive a majority of all the 
votes cast at such election, the commissioners shall then have the 
power to contract for the building of such bridge and approaches 
thereto, the same as if the bridge was entirely located in such dis- 
trict, and shall have the power to acquire by purchase, lease or 
gift, any private bridge already built, suited to their purpose, or any 
land upon which to build the approaches, or may use for the pur- 
pose of such approaches any public highway that may lead to the 
bank of the stream where said bridge is to be built on either side 
of said stream, whether such highway may be within the limits of 
said district or county or not. If the proposition to build such 
bridge and borrow money to build the same shall receive a majority 
of the votes cast at such special or annual election, the commis- 
sioners, to be countersigned by the district clerk, shall issue from 
time to time, as the work progresses, a sufficient amount in the 
aggregate of the bonds of said district for the purpose of building 
such bridge and the approaches thereto, or to purchase any private 
bridge already built, as the case may be, said bonds to be of such 
denominations, bear such rate of interest, not exceeding eight per 
cent., upon such time, and be disposed of as the necessities and 
conveniencies of said commissioners may require. Such bonds shall 
not be sold for less than their par value, and such district shall 
provide for the payment of such bonds and interest by appropriate 
taxation. 

§ 71. If the commissioners of either of such district or county 
boards of such counties, after reasonable notice in writing from the 
commissioners of any other such district or county boards of such 
counties, shall neglect or refuse to build or repair any such bridge 
when any contract or agreement has been made in regard to the 
same, it shall be lawful for the commissioners or county board so 
giving notice to build or repair the same to recover, by suit, one- 
half (or such amount as shall have been agreed upon) of the ex- 
pense of so building or repairing such bridge, with costs of suit and 
interest from the time of the completion thereof, from the commis- 
sioners or county board so neglecting or refusing. 

§ 72. The commissioners are hereby authorized to contract for 
the construction and repairing of roads and bridges, but when such 
contracts are for a sum exceeding $50.00 they shall give at least 
ten days' notice of time and place of letting such contract by post- 
ing notices in at least ten public places in and contiguous to the 
district, describing the work and time of completion : Provided, in 
cases where bridges have been suddenly destroyed on an important 
highway then such commissioners may privately contract for re- 
placing such bridge to an amount not exceeding $150.00. 

§ 73. Contracts for constructing and repairing roads and bridges 
on district lines, or across streams on district lines, shall be let by 
the commissioners of the two districts, who shall meet and act as 
one body when taking action upon the letting of such contracts for 
the construction or repair of such roads and bridges, or acceptance 



ROADS, HIGHWAYS AND BRIDGES. 281 



of the work. "When such contracts are for the expenditure of a sum 
exceeding $100, they shall advertise for bids in the same manner as 
provided in the preceding section, except that the notices shall be 
posted in and contiguous to the two districts. 

§ 74. At such public letting, as provided for in the preceding sec- 
tion, the commissioners shall have the right to reject any and all 
bids if they deem it to the best interests of the district, and no con- 
tract shall be considered as let unless the contractor shall, within 
ten days after the letting, enter into contract and iile a bond with 
two good and sufficient sureties with the commissioners, in the penal 
sum of double the value of the amount of the contract, payable to 
the commissioners of the district, upon failure to comply with the 
conditions of his or their contract. 

§ 75. All contracts for the construction or repair of roads, or 
building or repairing of bridges, shall be made payable as soon as 
the work in said contract is completed and accepted by the com- 
missioners. 

§ 76. All public roads established under the provisions of this act 
shall be of the width of sixty feet : Provided, short roads not ex- 
ceeding two miles in length may be of a width not less than forty 
feet, nor more than sixty feet, and roads called public and private 
roads may be of the width as in this act provided. All public roads 
laid out as herein provided shall be opened within two years from 
the time of laying out the same. If not opened within the tima 
aforesaid the same shall be deemed to be vacated. 

§ 77. The commissioners may alter, widen or vacate any road, 
or lay out any new road in their respective districts, when petitioned 
by any number of land owners, not less than twelve, residing in 
such districts and within three miles of the road so to be altered, 
widened, vacated or laid out. 

§ 78. Whenever any person or persons desire a change, re-loca- 
tion or vacation of any county or State road, or the opening of any 
new road, notice of such intended application shall be given by put- 
ting up advertisements in writing, in at least three of the most pub- 
lic places in the district in which said road shall be located, and 
by filing a copy of such advertisement with the district clerk, at 
least twenty days previous to the sitting of the board at which ap- 
plication shall be made. Said application shall be made by peti- 
tion as provided in section 77 of this act, which petition shall set 
forth, in writing, a description of the road, and what part thereof is 
to be altered, widened or vacated, and if for a new road, the names 
of the owners of lands, if known, and if not known it shall be so 
stated, over 'which the road is to pass, the points at or near which 
it is to commence, its general course, and the place at or near 
where it is to terminate and the date when such application will be 
made. 

§ 79. Whenever the commissioners shall receive any such peti- 
tion they shall fix a time when, and place where, they will meet to 
examine the route of such road, and to hear reasons for or against 
the altering, widening, vacating, or laying out the same, and they 
shall give at least ten days' notice of the time and place of such 



282 ROADS, HIGHWAYS AND BRIDGES. 



meeting, by posting up notices in three of the most pubh'c places in 
the district in the vicinity of the road to be widened, altered, vacated 
or laid out. 

§ 80. The commissioners may, by public announcement, and by 
the posting of a notice at the time and place named for the first 
meeting, adjourn the meeting from time to time, but not for a 
longer period than ten days in all ; and shall at the first or such 
adjourned meeting, within said ten days, decide and publicly announce 
whether they will grant or refuse the prayer of the petition, and 
shall endorse upon or annex to the petition a brief memorandum of 
such decision, to be signed by the commissioners, and filed within 
five days in the ofiice of the district clerk. Such decision shall be 
subject to revocation, in case the prayer of the petition is granted, 
in the manner hereinafter provided. In case the commissioners 
refuse to grant the prayer of the petition, they shall, within five days 
thereafter, file the same so indorsed, or with such decision annexed 
thereto, in the office of the district clerk. 

§ 81. If the petition is simply for the vacation of a road, and 
the commissioners, or a majority of them, shall at such meeting 
decide that the prayer of the petitioners should be granted, they 
shall order such road to be vacated, a copy of which order, together 
with the petition, shall be by them filed with the district clerk ; 
such order to be so filed within five days after the date of such 
decision. 

§ 82. If such petition is for the establishment of a new road, or 
the alteration or widening of an existing road, and the commission- 
ers, or a majority of them, shall be of the opinion that the prayer 
of the petitioners should be granted, they shall cause a survey and 
plat of such road to be made by a competent surveyor, who shall 
report such survey and plat to said commissioners, giving the courses 
and distances and specifying the land over which said road is to 
pass — in which they may make such changes between the termini 
of the road described in the petition, as the convenience and interest 
of the public, in their judgment, may require. 

§ 83. Upon the petition of twelve land owners residing in the 
district where the road is situated, it shall be the duty of the com- 
missioners, within a reasonable time, to employ a competent sur- 
veyor and have any road designated in such petition in their several 
districts re-surveyed and plats thereof made, which plats and sur- 
veys shall be by them filed for record in the office of the district 
clerk : Provided, that this section shall not apply where the same 
has been already done, unless the exact location of such road is 
uncertain. 

§ 84. The establishment of a new road on the route of a road 
already established according to law shall not vacate the road pre- 
viously established, unless such vacation is prayed for in the petition, 
and so declared in the order establishing a new road. 

§ 85. In all cases where a petition is presented to the board of 
highway commissioners, praying for a change, alterating, re-location 
or vacation of any road, or the laying out of a new road, as pro- 
vided for in this act, if there shall be remonstrances presented 



ROADS, HIGHWAYS AND BRIDGES. 283 



against granting the same, it shall be the duty of said board to 
give due consideration both to the petition and remonstrance, and 
grant or refuse the prayer of such petitioners, as in their discretion 
shall be just and proper, 

§ 86. They shall also, before they order any road to be estab- 
lished, altered, widened or vacated, ascertain, as hereinafter pro- 
vided, the aggregate amount of damages which the owner or owners 
of land over which the road is to pass shall be entitled to by reason 
of the location, alteration or vacation of sfuch road: Provided, how- 
ever, that in case an appeal is taken from the assessment of dam- 
ages before the justice of the peace, the commissioners may, in 
their discretion, make an order laying out, widening, altering or 
vacating such road, either before or after such appeal is determined, 
in the manner hereinafter provided. 

§ 87. The damages sustained by the owner or owners of the land, 
by reason of the establishment, alteration, widening or vacation of 
any road, may be agreed upon by the owners of such lands, if com- 
petent to contract, and the commissioners, or they may be released 
by such owners — in which case the agreement or release shall be 
in writing, and shall be filed and recorded with a copy of the order 
establishing, altering, widening or vacating such road, in the dis- 
trict clerk's office, and shall be a perpetual bar against such owners, 
their grantees and assigns, for all further claims for such damages. 

§ 88. In case such damages are not released or agreed upon as 
in the preceding section specified, the commissioners shall, within 
ten days from the date of the meeting at which it was decided to 
grant the prayer of the petition, make a certificate that they are 
about to establish, widen, vacate or alter a public road, describing 
such road, vacation, widening or alteration, and the land over or 
on which such road is to be established, altered, widened or vacated, 
and naming the owners of such lands, if known, and if not known, 
stating the fact, and asking for a jury to assess the damages of 
such owners, and shall present such certificate to some justice of the 
peace of the county, who, on receipt of the same, shall, within five 
days,, issue a summons against the land owners concerned, which 
summons shall be in the following form as nearly as the case will 
admit, viz : 

STATE OF ILLINOIS, ) 
> County, f ^^• 

The People of the State of Illinois, to any constable of said county, 
greeting : 

You are hereby commanded to summon to appear 

before me at on the day of , at .... 

o'clock, and prove to a jury then and there to be empaneled, such 
damages as he or they may sustain on account of the establishing, 
altering, widening or vacating the road described in a certificate of 

the commissioners of road district No , in said county, which 

certificate is now on file in my office. 

Given under my hand and seal this day of 18. . . 

, Justice of the Peace. 



234 ROADS, HIGHWAYS AND BRIDGES. 



In which summons the justice shall specify a certain place, day 
and hour for the trial, not less than six nor more than fifteen days 
from the date of such summons, at which time and place such land 
owners are to appear. Such summons shall be served at least three 
days before the time of trial mentioned therein, by reading the 
same to the land owners therein named. 

§ 89. If any such owner is an infant, such summons shall be 
served by delivering a copy to the infant and its guardian, if any ; 
if no guardian, the person with whom he or she resides. If any 
owner is a lunatic or habitual drunkard, having a conservator, or 
insane, by delivering a copy to his conservator, if any. 

§ 90. In case it shall appear, either from the certificate of com- 
missioners, the affidavit of any person, or the return of any officer 
to whom the notice may be delivered for service, that there are 
non-resident or unknown owner or owners who cannot be found and 
served within the county, such justice shall also cause notice to be 
delivered to the occupant of such lands, and the contents and 
nature thereof to be made known to such occupant, and also to be 
posted in three of the most public places in the vicinity of such 
proposed road or alteration, at least ten days before the time fixed 
in the summons for hearing proof of damages, stating the time and 
place, as stated in said summons, and describing the road to be 
established or altered, and the lands for which damages are to be 
assessed ; and in case service is made upon any owner by posting 
notices as above provided, the justice shall continue said hearing 
for a period not exceeding twelve days. 

§ 91. Such justice shall also forthwith issue a venire directed to 
any constable of the county, to summon six persons having the 
qualifications of jurors, to appear at such time and place as may 
be designated, for the proving of such damages, whose competency 
shall be determined the same as in other civil cases before justices 
of the peace. Either party to the case shall have the same right 
of challenge as in other civil cases ; and any deficiency in the 
number of jurors, from whatever cause, shall be supplied by sum- 
moning other persons residing in such county: Provided, that not 
more than one-half of such jury shall be residents of the district 
liable to pay the damages assessed in the case : Provided, further, 
that changes of venue may be granted, if applied for before the 
commencement of the trial, in the same manner as in other civil 
causes before justices of the peace. 

§ 92. The jury shall appear before and be sworn by such justice 
faithfully and impartially to assess the damage of each of the 
owners specified in such certificate, or those of them whose claims 
are then to be adjusted, according to law, to the best of their judg- 
ment and understanding ; and all parties in interest shall be entitled 
to subpoenas and other writs and papers, and the trial shall be con- 
ducted as in other civil cases. 

§ 93. The case shall be entitled, "Commissioners of Eoad Dis- 
trict No. — vs. — (whoever may be summoned as land owners)," and 
the jury shall hear such lawful evidence touching the question of 
such damages as may be presented to them ; and shall also, on 



ROADS, HIGHWAYS AND BRIDGES. 285 



request of a majority of the commissioners or owners of lands whose 
damages are to be determined, in a body visit and examine the 
proposed location, alteration, widening or vacation of such road, and 
the lands to be taken and affected thereby, and make a written 
verdict specifying the amount of damages, if any, which every such 
owner shall recover, and return the same to such justice, to be by 
him entered on his docket in the nature of a judgment : Provided, 
that in estimating the damages, except damages to land actually 
taken for a road, the jury may consider the benefits conferred ; but 
no benefits enjoyed in common by the owners of surrounding pro- 
perty shall be considered in estimating damages. 

§ 94. At the next regular meeting after the total amount of 
damages shall have been ascertained, either by release or agree- 
ment of the parties, or by assessment before a justice of the peace 
and a jury, in the manner hereinbefore provided, the commissioners 
shall finally determine upon the laying out, altering, widening or 
vacation of such road. 

§ 95. In cases where the damages are not wholly released or 
agreed upon, and the commissioners shall be of the opinion that the 
damages assessed by the jury are manifestly too high, and that the 
payment of the same would be an unreasonable burden upon the 
tax-payers of the district, the commissioners may revoke all pre- 
ceedings had upon the petition by a written order to that effect, 
and such revocation shall have the effect to annul all such pro- 
ceedings and assessments, releases and agreements, in respect to 
damages growing out of the proceedings upon the petition : Provided, 
upon the final determination of the commissioners of highways, or 
upon appeal being determined, and a copy of all such proceedings 
being filed in the district clerk's office, no other proceeding shall 
be had by the commissioners of highways, nor any petition enter- 
tained in regard to the same road or petition, for one year from the 
date of filing such copies of proceedings. And after two trials, as 
aforesaid, if the decision be the same, no other petition shall be 
entertained for the same until the expiration of three years from the 
filing of the last proceedings. 

' § 96. In case the commissioners shall not revoke such prior pro- 
ceedings they shall make an order, to be signed by them, declaring 
such road so altered, widened or laid out a public highway, and 
which order shall contain or have annexed thereto a definite des- 
cription of the line of such road, together with a plat thereof. The 
commissioners shall, within five days from the date Of such order, 
cause the same, together with the report of the surveyor, the peti- 
tion and the releases, agreements or assessments in respect to dam- 
ages, to be deposited and filed in the office of the district clerk, 
who shall note upon such order the date of such filing. It shall 
be the duty of such clerk, after the time for appeal has expired, 
and in the case of such appeal, after the same shall have been 
determined, in case the prayer of the petition is granted, to record 
such order, together with the plat of the surveyor, in a proper book 
to be kept for that purpose. 



286 ROADS, HIGHWAYS AND BRIDGES. 



§ 97. In cases where the damages claimed by the land-owners 
for the right of way are released, or are agreed upon between the 
land-owners and commis ioners, the commissioners may, at their 
first meeting or at any adjourned meeting, examine the route of 
the road and cause a survey thereof to be made, and make their 
order establishing, altering, widening or vacating the road, accord- 
ing to the prayer of the petition, and return the same within the 
time and in the manner specified in this act. 

§ 93. Any person or persons interested in the establishment, 
alteration, widening or vacation of any road in this State, are 
hereby authorized to offer inducements to the commissioners of 
highways for the establishment, alteration, widening or vacation of 
any such road, by entering into contract with said commissioners, 
conditioned upon such establishment, alteration, widening or vacating, 
to pay money or other valuable thing to the district for the benefit 
of the road and bridge funds of the same ; or to perform any labor, 
or to construct any road, bridge or culvert on any road which 
said person or persons desire to have established, widened or 
altered. And such contracts in writing, made with said commis- 
sioners, shall be deemed good and valid in law, and may be en- 
forced by said commissioners or their successors in office, before 
any court having jurisdiction. 

§ 99. The records of the district clerk, or a certified copy of such 
record and papers, relating to the establishment, location, alteration, 
widening or vacation of any road, shall be prima facie evidence in 
all cases that all the necessary antecedent provisions had been 
complied with, and that the action of the commissioners or other 
persons and officers, in regard thereto, was regular in all respects. 

§ 100. Whenever a public road is ordered to be established or 
altered, according to the provisions of this act, which road shall 
pass through or on enclosed land, the commissioners of highways 
shall give the owner or occupant of such land sixty days' notice in 
writing, to remove the fences. If such owner or occupant does not 
remove the fence or fences within sixty days after such notice, the 
commissioners shall have the same removed, and direct the road 
to be opened and worked ; the owner of such premises shall pay all 
necessary costs of removal, and the same may be recovered by the 
commissioners before any justice of the peace of the county. 

§ 101. Eoads for private and public use, of the width of three 
rods or less, may be laid out from one dwelling or plantation of 
an individual to any public road, or from one public road to another 
or from a lot of land to a public road, on petition to the commis- 
sioners by any person directly interested ; such petition shall be of 
the same form and subject to the same notice as provided in sec- 
tion 78 of this act. The commissioners, on receiviDg such petition, 
shall have power to lay out the road as asked for therein, to which 
end they shall proceed and examine into the merits of the case, and 
shall be governed in their proceedings by the rules and regulations 
prescribed in this act in relation to public roads. The jury shall 
consider the damages that may result to parties from said pro- 
posed road, and shall assess the damages to each individual owner 



ROADS, HIGHWAYS AND BRIDGES. 287 



of lands affected thereby. The amount of such damages shall be 
paid by the persons benefited thereby to the extent and in pro- 
portion that they are benefited, to be determined and declared by the 
jury. The remainder of the amount of damages over and above 
that to be paid by the parties as aforesaid, shall be paid by the 
district as in other cases. The amount of damages to be paid by 
individuals shall be paid to the parties entitled thereto before the 
road shall be opened for use. An appeal may be taken on the 
question of the propriety and necessity of such road as in other 
cases. 

§ 102. If such road or cartway shall not be opened by the peti- 
tioners within two years from the time of making the order for the 
location of the same, such order shall be regarded as rescinded. 

§ 103. When such road or cartway is proposed to pass over in- 
closed lands, the owners of such lands shall have a reasonable 
time, not exceeding eight months, to be designated by the commis- 
sioners, to harvest crops and remove fences which may be on such 
lands, before such road or cartway shall be opened. 

§ 104. Public roads may be established, altered, widened or 
vacated on district or county lines, or from one district into an- 
other, in the same manner as other public roads, except that in 
such case a copy of the petition shall be posted up in, and pre- 
sented to the commissioners of each district interested ; said petition 
to be as in other cases, and signed by not less than twelve land 
owners residing in either county within three miles of the road so 
to be altered, widened, located or laid out; whereupon it shall be 
the duty of the commissioners of the several districts to meet and 
act as one body, in the same time and manner as in other cases, 
in considering the petition, viewing the premises, adjusting damages 
and making all orders in reference to such proposed road, alteration, 
widening or vacation, and a majority of all such commissioners 
must concur in all such orders ; and a copy of all final orders and 
plats and papers shall be filed and recorded in each of the counties 
and districts interested. 

§ 105. The commissioners shall also, in case a new road is es- 
tablished, allot to each of such districts the part of such road which 
each of such districts shall open and keep in repair, and the part 
so allotted shall be considered as wholly belonging to such district. 
They shall also divide the expenses and damages which may accrue 
from such location, widening or alteration, and if they cannot agree 
they shall refer the matter to three disinterested land owners as 
arbitrators, whose decision shall be final. 

§ 106. Any person or persons interested in the decision of the 
commissioners in determining to or in refusing to lay out, alter, 
widen, or vacate any road or revoking any previous order or de- 
cision relative to any road, or in the verdict of any jury in assess- 
ing damages in opening, altering or vacating any road, may appeal 
from such decision to the county or circuit court, within ten days 
after such decision has been rendered, by filing a written petition 
with the justice of the peace or the commissioners of highways, 
from whose decision they desire to appeal, asking for an appeal and 
stating on what grounds such appeal is taken. 



288 EOADS, HIGHWAYS AND BRIDGES. 



§ 107. Any parties taking an appeal from the award or the de- 
cision of the highway commissioners, or the verdict of the jury, 
shall file a sufficient bond with the justice of the peace, or district 
clerk, before taking such appeal, conditioned for the payment of the 
cost 01 such appeal, in case the decision of the commissioners or 
the verdict of the jury is in all things sustained, or the appeal dis- 
missed ; if the award of the highway commissioners or verdict of 
the jury shall not be sustained, the district shall pay the cost of 
such appeal. 

§ 108 •• When the commissioners of one district disagree with the 
commissioners of an adjoining district in regard to the laying out 
of a new road, or the alteration, widening or vacation of an old road 
on any county or district line, appeals may be taken from such 
decision in the same manner as where the road is wholly in one 
district. 

§ 109. All roads heretofore laid out upon district or county lines 
shall be divided, allotted and kept in repair in the manner as here- 
inbefore directed. Any public road that is or shall hereafter be laid 
out on a county or district line shall be held to be a road on a 
county or district line, although, owing to the topography of the 
ground along said county or district line, or at the crossing of any 
stream of water, the proper authorities, in establishing or locating 
such road, may have located a portion of the same to one side of 
such county or district line. 

§ 110. Roads may be laid out and opened upon the line between 
this and any adjoining State, as provided in the preceding sec- 
tions, whenever the laws of such adjoining State shall be applicable. 

§ 111. If the commissioners shall wilfully refuse or neglect to 
perform any of the duties enjoined upon them by this act, they 
shall severally forfeit not less than ten dollars nor more than fifty 
dollars, and may be proceeded against in the name of the district 
severally or jointly, for the recovery of such forfeiture, before any 
justice of the peace in the proper county having jurisdiction. 

§ 112. The commissioners of highways may, when they shall 
deem it advisable, put up and maintain in conspicuous places, at 
each end of any bridge, a notice with the following words in large 
characters: "Five dollars fine for riding or driving on this bridge 
faster than a walk." If any person shall ride or drive over any 
bridge upon which such notice has been placed, faster than a walk, 
he shall forfeit to the district in which such bridge is located five 
dollars for every such offense. 

§ 113. In addition to the notices now required by law, in pro- 
ceedings for laying out, locating or opening of public roads, similar 
notices shall be served on any railroad company, across or along- 
side of whose railroad it may be proposed to locate a public road : 
Provided, that this act shall not apply to the proceedings for open- 
ing streets in towns or cities. 

§ 114. The notices as provided by this act shall be served by 
delivering a copy thereof to the station agent of any such railroad 
company nearest to the proposed location of such projected public 
road. 



SCHOOLS. 289 



§ 115. That an act entitled "An act in regard to gateways, 
roads and bridges in counties not under township organization," 
approved and in force April 18, 1873, and all other acts or parts 
of acts inconsistent herewith, be and the same are hereby repealed: 
Provided, that the repeal of said act shall not affect any suit or 
proceedings pending, or impair any right existing at the time this 
act shall take effect : And, provided also, that the supervisors in 
office when this act takes effect shall continue in office till the ex- 
piration of their terms, and the road tax and road labor then due 
shall not be released from its obligations, and the delinquent list 
shall be duly returned and collected as now provided, the avails of 
which shall be paid to the treasurer of the commissioners. 

Approved May 4, 1887. 



SCHOOLS. 



COUNTY SUPERINTENDENTS BILLS. 

§ 1. County boards shall audit bills of coun- 1 §2. Emergency. 
ty superintendents ciuarterly. I 

An Act to provide for the auditing and payment of the quarterly hills 
of County Superintendents of Schools. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly : That the quarterly bills of the 
county superintendent of schools, for their compensation and ex- 
penses in visiting schools, as provided in section seventy-one (71) of 
the general school law, when presented in due form, shall be audited 
by the county boards of the several counties, at their first meeting 
after March 1, 1887, and so nearly as may be quarterly thereafter ; 
and that the Auditor of Public Accounts, upon receipt of said bills 
duly certified, is hereby authorized and required to draw his war- 
rants upon the State Treasurer in payment thereof, payable from 
the State school fund, and to transmit said warrants to the several 
county superintendents of schools. 

§ 2. Whereas, under the present law said bills of the county 
superintendents of schools cannot be audited and paid until after 
September 1, 1837, therefore an emergency exists, and this act shall 
take effect immediately upon its passage. 

Approved February 9, 1837. 

—19 



290 



SCHOOLS. 



ELECTION OP DIEECTORS AND BOARDS OF EDUCATION. 



§ 2. 
§ 3. 



Repeals all acts in conflict. 
Emergency. 



S ]. Amends section 1, act of 1885. by fixing 
the time when boards shall meet and 
organize, when elected under special 
charters. 

An Act to amend section one (1) of an act entitled "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 laivs 
of this State,'' approved June 29, 1885, in force July 1, 1885. 

Section 1. Be lit enacted by the People of the State of Illinois, 
represented in the General Assembly: That section one (1) of an act 
entitled "An act enabling school districts acting under special char- 
ters, to hold elections for the election of school directors and mem- 
bers of boards of education, at the time provided for the election of 
school directors under the school laws of this State," approved June 
•29, 1885, in force July 1, 1885, be amended so as to read as follows : 

"Section 1. 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 tiHie 
now provided, or which may hereafter be provided, for the election 
of school directors under the school laws of this State, and that 
such election 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, and such boards of directors or boards of 
education, when elected, shall meet and organize at the time and in 
the manner now provided, or which may hereafter be provided under 
the school laws of this State." 

§ 2. All acts and parts of acts inconsistent with this act are hereby 
repealed. 

§ 3. Whereas, the election of directors occurs prior to July 1, 
therefore an emergency exists and this act shall be in force and 
take effect from and after its passage. 

Approved March 25, 1887. 



SCHOOLS. 291 



FORMATION OP DISTRICTS. 

. § 1. Amends section 33 of the act of 1872, by making the action of the trustees prima fade- 
evidence that all forms have been complied with. Providing that when townships 
are divided by county lines appeals may be had to the county superintendent of 
either county. Also providing that when districts are located in two or more 
cou'ities election places may be fixed. 

An Act /o amend section thirty-three (33) of an act entitled "An act 
to establish and maintain a system of free schools," approved April 
1, 1872, in force July 1, 1872. as amended by act approved May 
23, 1877, in force July 1, 1877, as amended by act approved June 
3, 1879, in force July 1, 1879, as amended by act approved May 
31, 1881, in force July 1, 1881. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section thirty-three (33) 
of an act entitled "An act to establish and maintain a system of 
free schools," approved April 1, 1872, in force July 1, 1872, as 
amended by act approved May 23, 1877, in force July 1, 1877, as 
amended by act approved June 3, 1879, in force July 1, 1879, as 
amended by act approved May 31, 1881, in force July 1, 1881, be 
amended so as to read as follows : 

"Section 33, Trustees of schools in newly organized townships 
shall lay off the townships into one or more districts to suit the 
wishes and convenience of a majority of the inhabitants of the 
township, and shall prepare or cause to be prepared a map of the 
township on which map shall be designated the district or districts, to 
be styled, when there are more than one district : 'District No. — , in 

township No. — , range , of the — P. M, (according to the 

proper number) Qounty of ———, and State of Illinois.' And when 
petitioned so to do, as hereinafter provided, they may, having dis- 
cretion in the matter, at the regular meeting in April, change such 
districts as lie wholly within their townships so as to divide or con- 
solidate districts, to organize a new district out of territory belong- 
ing to two or more districts, or to detach territory from one district 
and add the same to another district adjacent thereto, and at the 
same meeting, by the concurrent action of. the several boards of 
trustees of the townships in which the district or districts affected 
lie, each board being petitioned as hereinafter provided, the same 
changes may be mide in the boundaries, both of districts which lie 
in separate townships, but adjacent to each other, and of districts 
formed of parts of two or more townships : Provided, that none of 
these changes shall be made unless petitioned for (1st) by a ma- 
jority of the legal voters of each of the districts affected by the 
proposed change; or (2nd) by two-thirds (f) of the legal voters 
living within certain territory described in the petition, asking that 
said territory be detached from one district and added to another, 
or (3rd) by two-thirds (f ) of all the legal voters living within certain 
territory containing not less than ten (10) families, asking that 
said territory be made a new district. But in case any territory be 
set off from any district that has a bonded debt, the change not 
being petitioned for by a majority of the legal voters of said dis- 
trict, such district shall remain liable for the payment of such 



292 SCHOOLS. 



bonded debt as if not divided. The directors of the original district 
having such bonded debt, and of the district into which the ter- 
ritory taken from such original district has been incorporated or 
formed, shall constitute a joint board for the purpose of determin- 
ing and certifying, and they shall determine and certify to the 
county clerk the amount of tax required yearly for the purpose 
of paying the interest and principal of such bonded debt, which 
tax shall be extended by the county clerk against all the 
property embraced within such original district as if it had not 
been divided : Provided also, that in school districts having a popu- 
lation of not less than one thousand (1,000) inhabitants, any desired 
change of boundaries may be submitted to the trustees by a vote 
of the people instead of by petition as hereinbefore set forth ; and 
when petiiioned so to do by twenty-five legal voters of the district, 
the school board of the district shall submit the question of change 
desired to the voters of eaid district at a special election called for 
that purpose, and held at least thirty (30) dajs prior to the regular 
meeting of the trustees at which they consider change of district 
boundaries. If a majority of the votes cast at any such election 
shall be in favor of the change proposed, then due return of the 
election ha\ing been made to the township treasurer, the township 
trustees shall consider and take action the same as if petitioned 
therefor by a majority of the legal voters of such district; but no 
question of change of boundaries shall be submitted to a vote of the 
school district more than once in any one (1) year : Provided, fur- 
ther, that no petition shall be acted upon by any board of trustees 
unless it shall have been filed with the clerk of said board of trus- 
tees twenty days before the regular meeting in April, nor unless a, 
copy of said petition together with a notice in writing, which 
notice may be in the following form, to-wit : "The directors of dis- 
trict No , in township No , range , of the .... prin- 
cipal meridian, will take notice that the undersigned have made and 
filed with the clerk of the board of trustees of said township their 
petition, a copy of which is herewith handed to you," shall be de- 
livered by the petitioners, or some one of them, at least ten (10) 
days before the date at which the petition is to be considered, to 
the president or clerk of the board of directors of each district 
whose boundaries will be' changed if the petition is granted. When, 
at the regular meeting of the trustees in April, any such petition 
shall come before the trustees, it shall be the duty of the trustees 
to ascertain, first, whether the foregoing provisions have been strictly 
complied with, and if it shall appear that they, or either of them, 
have not been complied with, in such case the board shall adjourn 
the hearing for not longer than four (4) weeks in order that the fore- 
going provisions may be complied with ; but there shall be but 
one adjournment for such purpose. After the trustees shall 
consider the petition, no objection can be raised as to its form, 
and their action shall be prima facie evidence that all the foregoing 
provisions hfive been complied with. If, on the day of the regular 
meeting, or vt the adjourned meeting, it shall appear that such pro- 
visions have been complied with, then the trustees shall consider 
the petition, and shall also hear any legal voters living in the dis- 
trict or districts that will be affected by the change, if made, who 



SCHOOLS. 293 



may appear before them to oppose the petition ; and they shall 
grant or refuse the prayer of the petitioners without unreasonable 
delay. But the petitioners or the legal voters who have appeared 
before the trustees at the meeting when the petition was considered, 
and opposed the same, shall have the right of appeal to the county 
superintendent of schools: Provided, the party appealing files with 
the clerk of the trustees a written notice of appeal within ten (10) 
days after final action upon the petition by the trustees : Provided, 
further, that in all cases where a township is divided by a county 
line or lines, the appeal may be taken to the county superintendent 
of schools of any one of the counties in which the said township is 
partly located, and upon any appeal being taken in any such case, 
the county superintendent of schools to whom such appeal is taken 
shall, forthwith, give notice to the county superintendent or super- 
intendents of schools of the other county or counties of the pendency 
of such appeal, and of the time and place when and where it will 
be heard, and the said county superintendents of schools of the 
counties in which the said township is located, shall meet together 
at such time and place, and together hear and determine the said 
appeal, and in case the said county superintendents of schools shall 
be unable to arrive at an agreement, then the county judge of Ihe 
county in which such appeal is pending shall be called and 
shall constitute one of the board of appeal, and thereupon the 
appeal shall be heard and determined by them, and the county 
superintendent of schools to whom such appeal is taken shall 
at once notify, in writing, the clerk by whom the papers 
in the case were transmitted to him, of the action taken 
on such appeal, as hereinafter provided: And provided, further, 
that where a school district is now, or may hereafter be, located in 
two or more counties, the directors of such district may fix a place 
of holding general or special elections for school purposes in said 
district, in either of said counties, in the same manner as is now 
provided for holding school elections. And the legal voters of said 
school district shall be entitled to vote at such election the same 
as though such election was held in the county where he resides. 
Whenever any changes as provided in this section are made by the 
trustees of schools, if no appeal is taken to the county superinten- 
dent the clerk of the trustees shall make a complete copy of the 
record of the action of the trustees, which copy shall be certified 
by the president of the trustees and the clerk, who shall file the 
same, together with a map of the township, showing the districts, 
and an accurate list of the taxpayers of the newly arranged districts, 
with the county clerk within twenty (20) days of the action of the 
trustees. When the trustees of schools shall organize a new district 
under the provisions of this section, it shall be the duty of the clerk 
of the trustees, if no appeal is taken to the county superintendent, 
to order wjthin fifteen (15) days after the action of the trustees an 
election to be held at some convenient time and place within the 
boundaries of such newly organized district, for the election of three 
(3) school directors, notice being given by the township treasurer, 
who shall post up three (8) notices of such election in three (3) 
prominent places in said district at least ten (10) days prior to the time 
appointed fcr holding such election, which notices shall specify the 



294 SCHOOLS. 



place where such election is to be held, the time for opening and 
closing the polls, and the object of said election. It shall be the 
duty of the legal voters present, five (5) of whom shall constitute a> 
quorum, to appoint three (3) of their number, two (2) of whom 
shall act as judges and one (1) as clerk of said election. Within, 
ten (10) days after the election it shall be the duty of the directors 
elected at said election to meet at some convenient lime and place pre- 
viously agreed upon by said directors and organize as a district 
board by appointing one (1) of their number president, and also some 
suitable person clerk of the board, who shall, by virtue of his office, 
be clerk of the district. At the first meeting of the directors they 
shall draw lots for their respective terms of office, one (1), two (2) 
and three (3) years, each of which shall be considered a fractional 
term, ending at each annual meeting according to the length of 
term drawn. When an appeal is taken from the action of the trus- 
tees to the county superintendent, the clerk of the trustees shall, 
within five (5) days after the written notice of the appeal has been 
filed with him by the appellants, transmit all the papers in the 
case with a transcript of the records of the trustees, showing their 
action thereon, to the county superintendent, and in case of an 
appeal, the township treasurer shall be required to take no further 
action in the matter, except upon the order of the county superin- 
tendent whose duty it shall be to investigate the case upon such 
appeal ; and if, in his opinion, the change asked for is for the best 
interests of the district or districts concerned, he shall make such 
change or changes, but if he considers the proposed change unad- 
visable he shall refuse to make it, and shall reverse, if need be, 
the action of the trustees, and shall give the clerk from whom he 
received the papers immediate notice of such refusal, and his action 
shall be final and binding. If the changes asked for by the 
petitioners shall be made by the county superintendent, he shall 
notify, in writing, the clerk by whom the papers in the case were 
transmitted to him of his action, and the clerk shall thereupon 
make a record of the same, and shall, within ten (10) days there- 
after, make a copy of the same and the map and list of taxpayers, 
and deliver them to the county clerk for filing and record by him, 
the same as if the change had been ordered by the trustees. And 
in case a new district is organized by the action of the county 
superintendent, the clerk shall within five (5) days thereafter order 
an election of directors in the new district the same as if the 
change had been made by the board of trustees. Whenever a new 
district has been formed by the trustees, or by the county superin- 
tendent, from a part of a district or from parts of two (2) or more 
districts, the trustees of the township or townships concerned shall 
proceed, forthwith, to make a distribution of any tax funds or other 
funds which are in the hands of the treasurer, or to which the 
district may, at the time of such division, be entitled, so that both 
the old and new districts shall receive part of such funds in pro- 
portion to the amount of taxes collected next preceding such 
division, from the taxable property in the territory composing the 
several districts. If the new district be composed of parts of two 
(2) or more districts, the trustees shall make distribution of said 
funds between the new district and the old districts respectively, so 



SCHOOLS. 295 



that the new district shall receive a distribution of the funds of 
each of the old districts in the proportion which the amount of 
taxes collected from the property in the territory of the new district 
bears to the whole taxes collected, next before the division, in the 
old district; and the town treasurer shall, forthwith, place the sum 
so distributed to the credit of the respective districts, and shall, 
immediately, place the proportion of the said funds to which said 
new district may be entitled to its credit on his books, and the 
funds on hand shall be subject, at once, to the order of the directors 
of the new district, and those not on hand as soon as collected. 
The trustees of the township or townships concerned, shall, at the 
time of the creation of a new district, or within the period of thirty 
(30) days thereafter, proceed to the appointment of three appraisers, 
who shall not be citizens of the township or townships interested. 
It shall be the duty of said appraisers, within thirty (30) days after 
their appointment, to appraise the school property, both real and 
personal, of the district or districts interested, at its fair cash value. 
Within thirty (30) days after such appraisement, the trustees of the 
township or townships concerned shall proceed to charge the property 
to the district in which it may be found and to credit the other 
district interested therein with its proportion of such valuation : 
Provided, that the bona fide debts, if any, of the old district shall 
first be deducted and the balance charged and credited as aforesaid, 
and of the funds then on hand, or subsequently to accrue, belonging 
to such district to which such property is charged, the trustees 
shall direct the treasurer to place to the credit of the district not 
retaining said property its proportion of the value of said property. 
If trustees shall fail to observe the provisions of this section in 
reference to distribution of funds and property, they shall be indi- 
vidually and jointly liable to the district interested in an action on 
the case, to the full amount of the damages sustained by the dis- 
trict aggrieved. Where trustees have heretofore failed to make dis- 
tribution of property to districts as provided in this section, any dis- 
trict interested in the making of such • distribution may, by its 
directors, request the trustees, in writing, to proceed to inake such 
distribution ; and said trustees shall proceed to make distribution in 
the manner herein prescribed, and shall be liable in like manner 
for neglect or failure. The clerk of any board of trustees who shall 
fail, neglect or refuse to perform the duties imposed upon him by 
this section, or any of them, within the time and in the manner 
prescribed, shall, for each offense, forfeit not less than ten dollars 
($10) nor more than twenty- five dollars ($25) of his pay as clerk of 
the board of trustees and township treasurer, which forfeiture shall 
be enforced by the trustees. If any school district shall for two (2) 
consecutive years fail to maintain a public school, as required by 
law to do, it shall be the duty of the trustees of schools of the 
township or townships in which such district lies, to attach the 
territory of such district to one (1) or more adjoining school dis- 
tricts ; and in case said territory is added to two (2) or more dis- 
tricts, to divide the property of said district between the districts 
to which its territory is added in the manner hereinbefore provided 
for the division of property in case a new district is organized from 
part of another district, and the action of the trustees in such a 



295 



SCHOOLS. 



case shall be final and binding; and the clerk of the trustees in 
such cases shall file a copy of the record of the same, together with 
the map and list of tax-payers, with the county clerk, as in other 
cases of change of district boundaries. The majority of the legal 
voters of a district lying in two (2) or more townships may secure 
the dissolution of said district by petitioning the several boards of 
trustees of said township, at their regular meeting in April, that 
each will add the territory belonging to said district in its town- 
ship to one (1) or more adjoining districts. Upon receipt of such 
petition, or returns of such election, the several boards of trustees 
shall each make such disposition of the territory of said district as 
lies in its township, and shall jointly make such division of the 
property of said district between the districts to which its territory 
is attached as is hereinbefore provided in the case of the organiza- 
tion of a new district from a part of another district, and the action 
of the trustees in accordance with such petition or election shall be 
final and binding, and the clerks of the several boards of trustees 
in such case shall file a copy of the record of the same, together 
with the map and list of tax-payers, with the county clerk, as in 
other cases of change of district boundaries." 



Approved June 4, 1887. 



PRESIDENTS OF BOARDS OF EDUCATION. 



1. Election in school districts, where 
boards of education are elected 
under general law. 



i 2. Duties of presidents. 
I 3. Repeals acts in conflict. 



An Act to provide for the election of presidents of boards of education 

in school districts. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That in every school district in 
which by general law a board of education is required to be elected, 
there shall also be elected, at the same time, a president of the 
board of education, who shall hold his office for one year and until 
his successor is elected and qualified. 

§ 2. The president of the board of education so elected in each 
school district shall preside at all meetings of said board and shall 
give the casting vote in case of a tie between the members thereof, 
but otherwise he shall not have a vote. He shall sign all orders 
for the payment of money, ordered by said board, and generally per- 
form such duties as are now imposed by law upon presidents of 
boards of education, or that may be imposed upon him by said 
board, not in conflict with law : Provided, that in the absence or 
inability to act of said president, said board may appoint a presi- 
dent pro tern, from their number. 

§ 3. All acts or parts of acts in conflict herewith are hereby re- 
pealed. 

Approved June 17, 1887. 



SCHOOLS. 297 



STREETS AND HIGHWAYS. 

§1. Authorizes trustees to dedicate school lands for street and highway purposes under 

certain conditions. 

An Act to empower trustees of schools to lay out and dedicate common 
school lands for street and Mghtvay purposes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly.- That the trustees of schools 
of any township are hereby authorized and empowered, in their cor- 
porate capacity, to lay out and dedicate to the public use for street 
and highway purposes, so much of the common school lands, which 
is unimproved or unoccupied with buildings, as may be necessary 
to open or extend any street or highway which may be ordered 
opened or extended by the municipal authorities, which are by law 
empowered to open or extend streets or highways in the territory 
where said school lands are located : Provided, that said trustees of 
schools shall be of the opinion that the benefits to accrue from the 
opening or extending of said street or highway, to the remainder of 
said common school lands, will compensate for the use of the strip 
so dedicated : And provided, further, that it shall not be lawful for 
any street or other railroad to lay down railroad tracks on any strip 
of the common school land so dedicated, or use the same or any 
part of the common school lands for railroad or street railroad pur- 
poses, except upon the purchase or lease of the same from proper 
authorities or upon the payment to the school fund of said town- 
ship of the value of such use or land taken, the same as if no street 
or highway had been laid out thereon, to be determined by proceed- 
ings under an act entitled "An act to provide for the exercise of the 
right of eminent domain," approved April 10, 1872, arid all amend- 
ments thereto : And provided, farther, that this bill shall not in any 
way affect existing leases or contracts for the lease or purchase of 
•common school lands. 

Approved June 3, 1887. 



TEACHERS INSTITUTES. 

'§ 1. Prohibits deduction of wages of teachers for time spent in attending institutes, and 
autliorizes teachers to close their schools for the purpose of attending institutes 
regularly called. 

An Act to regulate the attendance of teachers upon teachers institutes. 

Section 1. Be in enacted by the People of the State of Illinois, 
represented in the General Assembly: That the time, not exceeding 
three days in any one term, or five days in any one year, during 
term time, actually spent by a teacher of any public school in the 
State in attendance upon a teachers' institute, held under the di- 
rection of the county superintendent of schools, shall be considered 



298 TELEGRAPHS AND TELEPHONES — TOBACCO. 



time lawfully expended by such teacher in the service of the dis- 
trict where such teacher is employed, and no deduction of wages 
shall be made for such absences. And it shall be the duty of the 
school officers and boards of education to allow teachers to close 
their schools for such attendance upon such institute. 

Approved June 14, 1887. 



TELEGKAPHS AND TELEPHONES. 



WIRES, POLES AND CABLES. 

§ 1. Prescriptive rights prohibited. 

An Act relating to telegraph, telephone, electric light and other wires, 

poles and cables. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: Whenever any wire, pole or 
cable used for any telegraph, telephone, electric light or other elec- 
tric purpose, or for the purpose of communication is, or shall be 
attached to, or does or shall extend upon or over any building or 
land, no lapse of time whatever shall raise a presumption of any 
grant of, or justify a prescriptive right to such attachment or ex- 
tension. 

Approved June 16, 1887. 



TOBACCO. 



SELLING TO MINORS PROHIBITED. 



§ 1. Sale of tobacco in any form to minors I § 2. Penalties for violation of this act. 
under 16 years prohibitea, I 

An Act to prohibit selling, giving or furnishing tobacco, in any of its 
forms, to minors, and providing a penalty therefor. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That hereafter no person or 
persons in this State shall sell, buy for, or furnish any cigar or 
cigarette, or tobacco in any of its forms, to any minor under six- 
teen years of age, unless upon the written order of parent or 
guardian. 



TOWNSHIP OKGANIZATION. 299 



§ 2. That if any person or persons, in this State, shall violate 
the provisions of this act, he, she or they shall, on conviction 
thereof, forfeit and pay for each and every offense the sum of 
twenty dollars. 

Appeoved June 15, 1887. 



TOWNSHIP ORGANIZATION. 



REPRESENTATION IN COUNTY BOARDS — CENSUS. 

§ 1. Amends section 1, article 7, act 1874, by authorizing the town .authorities to have the 

census taken. 

An Act to amend section 1 of article 7 of chapter 139, Revised 

Statutes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section one (1) of article 
seven (7) of chapter one hundred and thirty-nine (139), of the Re- 
vised Statutes, be, and the same is hereby amended so as to read 
as follows : 

"Section 1 At the annual town meeting in each town, there 
shall be elected, by ballot, one supervisor (who shall be, ex-officio, 
overseer of the poor), one town clerk, one assessor, and one collector, 
who shall severally hold their offices for one year, and until their 
successors are elected and qualified, and such justices of the peace, 
constables and highway commissioners as are provided by law : 
Provided, that in any town, or any city, not included within the 
limits of any town (except in Cook county) having four thousand 
inhabitants, there shall be elected one additional supervisor, to be 
styled assistant supervisor; in towns having six thousand five 
hundred inhabitants, there shall be elected two assistant supervisors ; 
and so, for every additional twenty-five hundred inhabitants, there 
shall be elected one additional supervisor, the population of towns 
to be ascertained by the last federal or State census preceding the 
election ; or by a town census to be taken as follows : In any year 
when a federal or State census is not taken, the town auditors of 
any town may, in their discretion, cause a census of their town to 
be taken by some competent person, resident of said town, who 
may be appointed for such purpose by the town auditors ; and the 
person so appointed shall, before entering upon the duties of such 
office, take and subscribe an oath of office in the same manner as 
town officers ; and it shall be the duty of such person to take and 
make a correct and true list of all persons residing in said town, 
and such list, when completed, shall be returned to said town 
auditors, and filed in the town clerk's office, and if such census 
shows such town to contain four thousand inhabitants, then an ad- 
ditional supervisor for such town shall be elected, as provided by 



■300 TOWNSHIP ORGANIZATION. 



law. And such person so taking such census shall be allowed a 
reasonable compensation for such services by said town auditors : 
Provided, that nothing in this act shall be so construed as to 
diminish the representation that any city or town may now be en- 
titled to by law. But in case such city or town is now entitled to 
a greater representation than is given by this section, it shall be 
entitled to no additional representation under this section; and the 
members of the board of supervisors from such city or town now 
provided for by law, shall continue to be elected as now required 
by law: And, provided further, that wheniever the representation of 
any city or town is, or shall become less than is given by this sec- 
tion, no increased representation under any special acts shall be 
had by such city or town, but its representation shall be as pro- 
vided for in this section," 

Approvbd June 15, 1887. 



UNITING AND DIVIDING TOWNS. 

;§ 1. Amends the act of 1874, by providing for uniting two or more towns into one, in the 
same manner as for dividing towns. 

An Act to amend sections two (2), four (4), six (6), seven (7), ten (10), 
eleven (11), and twelve (12) o/ article (3) of an act entitled "An act 
to revise the law in relation to township organization,'^ approved and 
in force March 4, 1874. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That sections two (2), four (4), 
six (6), seven (7), ten (10), eleven (11) and twelve (12) of article 
three (8) of an act entitled "An act to revise the law in relation to 
township organization," approved March 4, 1874, be and the same 
are hereby amended so as to read as follows : 

" Section 2. When two or more towns are united into one, or 
when a town is divided into two or more towns, a new election shall 
be ordered in said new town or towns by the county board, and the 
time and place of holding the election shall be fixed, and judges of 
election appointed and notice given in the same manner as required 
by law upon the first organization of towns : Provided, that when 
parts of several towns are taken to make a new town, it shall not 
be necessary to order an election in the towns from which territory 
is taken, but if any of the officers thereof shall continue to reside 
"in the new town, his office shall be declared vacant and filled as in 
other cases of vacancy. 

" Section 4. The union of two or more towns, or the division or 
alteration of a town, after the making out of the assessor's books in 
any year, shall not in any manner affect the assessment or collec- 
tion of the taxes assessable and collectable in that year, but the 



TOWNSHIP OEGANIZATION £01 



same may be assessed and collected in the same manner and by 
the same officers as if no division, union or alteration had taken 
place. 

" Section 6. When two or more towns possessed of real estate 
shall be united, or when a part of any town possessed of real estate 
shall be annexed to another town or towns, or taken to form a part 
of a new town, the supervisors and assessors of the town so united, 
or of the town from which such territory is taken, and of the town 
or towns to which the same shall be annexed, or of which it shall 
constitute !a part, shall, as soon as may be after such alteration, 
meet for the purpose and possess the powers provided in the last 
preceding section. 

" Section 7. When two or more towns, any one or more of which 
are possessed of or entitled to moneys, rights or credits, or other 
personal estate, shall be united, or when a town possessed of or 
entitled to moneys, rights or credits or other personal estate, shall 
be divided or altered, such personal estate, including moneys, shall 
be apportioned between the towns mterested therein by the super- 
visors and assessors of such towns, according to the amount of 
taxable property in the town or towns united, divided or altered, as 
the same existed immediately before such union, division or altera- 
tion, to be ascertained by the last assessment list of such town ; 
and such supervisors and assessors shall meet for the purpose afore- 
said as soon as may be, after such union, division or alteration. 

"Section 10. Debts owing by a town or towns so united, sub- 
divided or altered, shall be apportioned m the same manner as the 
personal property of the town, and each town shall thereafter be 
charged with its share of such debts according to such apportionment. 

"Section 11. When the several towns cannot agree in relation to 
a division or apportionment of the real or personal property, or 
debts, or any part thereof, as provided in the six preceding sections, 
the dispute shall be submitted to the county court of ttie county, 
whose decision in the matter shall be conclusive between the parties. 
The court shall hear and determine the matter in a summary man- 
ner, without pleadings, and shall pronounce judgment as the right 
of the case may be. 

"Section 12. The county board of each county shall have full 
power and jurisdiction to unite into one town two (or more) contig- 
uous towns, whether incorporated under any special or general act, 
or organized under this act, and to disconnect territory from one of 
such towns, and annex the same to another; but no such towns 
shall be united, nor shall territory be taken from one such town and 
at the same time annexed to another, except in the following man- 
ner, that is to say: After the petition hereby required shall have 
been presented to the county board for the union of such towns, or 
for disconnecting territory from one of such towns and annexing the 
same to another, said county board shall cause to be submitted to 
the voters of said towns, at a general annual election to be holden 
in each of said towns, the question of uniting, or of disconnection 
and annexation : Provided, that no territory shall be taken from 
one such town and at the same time united to another unless such 



•302 TOWNSHIP ORGANIZATION. 



territory be at least one half square mile in extent' and contain at 
least one thousand inhabitants. Where it is proposed to unite two 
or more contiguous towns under this section, said petition shall be 
signed by at l^ast one-fourth of the voters of each of the towns 
sought to be united : Provided, that if in any town the number of 
voters exceeds four hundred at the last general election, then by 
one hundred of the voters in such town. Where it is sought to dis- 
•connect part of the territory from one town and annex the same to 
a contiguous town, such petition shall be signed by at least one- 
fourth of the voters of the territory sought to be disconnected from 
one town and annexed to the contiguous town, or if such territory 
contains more than four hundred voters at the last general election, 
then by one hundred of such voters. Notice of the election hereby 
required shall be given by causing notices thereof to be posted up 
in five public places in each of said towns at least twenty days be- 
fore such election, and by publishing the same in at least one news- 
paper, (if any there be published) in each of said towns, or a news- 
paper published in said county. The ballots cast at such election to 
be written or printed, or partly written and partly printed, 'For Uniting,' 
or 'Against Uniting,' or 'For Annexation' or 'Against Annexation,' 
respectively, to be canvassed in like manner as votes for county of- 
ficers, and returned to the county board, who shall cause the votes 
to be canvassed. If a majority of voters of each town voting upon 
the question of union at such election shall vote for uniting such 
towns, such county board at the meeting at which such vote is can- 
vassed, or at the next succeeding meeting, shall proceed to declare 
such towns united, and give the united towns a name and define the 
boundaries thereof : Provided, that the of&cers of each of such towns 
shall continue to hold their respective offices and to discharge the 
duties thereof during the remainder of the term for which they were 
respectively elected : And, provided, that the commissioners of high- 
ways, if there be such, in each of said towns in office at the time 
of such union shall continue in and discharge the duties of their re- 
spective offices during the remainder of the terms for which they 
were elected, and in the discharge of their duties shall act in con- 
junction : And, provided, further, that the union of such towns shall 
not be complete until the expiration of the terms of all officers in 
said towns who are elected to serve for the period of one year. 
Where one of such towns is wholly within the limits of an incorpo- 
rated city, the limits of that city shall extend to include both or all 
such towns. If a majority of the voters in each town voting upon 
the question of disconnection of territory from one such town and 
annexation to the other, at such election shall vote for the annexa- 
tion, such county board at the meeting at which such votes are 
canvassed, or at the next succeeding meeting, shall proceed to de- 
clare such territory disconnected from the town of which it former- 
ly formed a part, and united to the contiguous town to which 
it is sought to be annexed : Provided, that the officers of the 
town to which such territory is annexed shall thereupon constitute 
the town officers of such territory: And, provided, that where said 
town to which such territory is annexed is wholly within the limits 
of an incorporated city, the limits of said city shall thereupon be 



TOWNSHIP ORGANIZATION. 303 



extended to include the territory annexed to such town. Where the 
alteration or division or union of towns necessitates a change in any 
school district, it shall be the duty of the officers having charge of 
the school property therein to proceed to make an adjustment of 
the property and debts thereof, as in the case of the alteration of 
school districts. After the declaration by the county board of the 
union or annexation herein provided for, it shall be the duty of the 
officers specified in this aiticle to meet for the purpose of adjusting 
the assets and debts of said towns. If the town or part thereof 
which may be joined to an incorporated city under this section is 
also an incorporated town or village, or part of the same, and such 
incorporated town or village has property or debts, then the prop- 
erty and debts and rights of such incorporation, town or village 
shall be adjusted by the same officers and in the same manner as 
provided in this article: And provided, fuither, that all ordinances 
lor the regulation or restraint of the sale of intoxicating liquors, 
which shall be m force in the whole or any part of said annexed 
territory at the time of said annexation, shall continue in force there- 
in, and shall not be repealed except upon the petition of one hundred 
householders within said prohibited portion, and a vote for such 
repeal of a majority of all the aldermen of the common council of 
the city to which such territory shall be annexed, including the 
vote therefor of the aldermen in whose ward said prohibited district 
shall then, wholly or in part, lie : And provided, further, that when 
the county board of commissioners wish to consolidate a town in 
which the corporate authorities are authorized to assess, levy and 
receive taxes for park purposes, such county board shall first sub- 
mit to the legal voters of the town, at an election to be held on the 
Tuesday after the first Monday of November, the question whether 
such town shall be established and continued as a park district for 
park purposes ; and when such park shall be located in such town, 
and also in another town adjoining thereto, the question shall be 
submitted to the voters of each of such towns in which a park 
shall be located, whether such towns shall be established and con- 
tinued as a park district, at an election to be held on the Tuesday 
after the first Monday of November. The tickets shall be written 
or printed 'For Park District' or 'Against Park District ;' and if a 
majority of the votes cast at the election on that subject in each 
town shall be for a park district, then the park district shall be 
deemed as established, and the park commissioners appointed and 
authorized by law shall thereupon be the corporate authorities of 
such park district, and shall have and exercise all the power and 
authority and perform all the duties enjoined by law on the cor- 
porate authorities of such town or towns for the establishment and 
maintenance of the park, and for the discharge of all debts, bonds, 
obligations and contracts of such town for park purposes. The 
mode of conducting such election, the returns thereof and the 
notices therefor, the canvassing and contesting the same, shall be as 
nearly as may be as in the case of county officers. If such park 
district is established as aforesaid, then the county may proceed to 
consolidate said town with another town or towns, or change the 



304 



TREE PLANTING — UNITED STATES. 



boundaries thereof, but if such park district is not established as 
aforesaid, then there shall be no authority in the county board ta 
consolidate such town or towns with another town or towns." 

Appeoved June 15, 1887. 



TEEE PLANTING. 



ARBOR DAY. 

§ 1. Governor by proclamation designates an "Arbor Day" for planting trees. 

An Act to encourage the planting of trees. 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly: That the Governor shall an- 
nually, in the spring, designate, by official proclamation, a day to 
be designated as "Arbor Day," to be observed throughout the State 
as a day for planting trees, shrabs and vines about the homes and 
along highways, and about public grounds within this State, thus 
contributing to the wealth, comforts and attractions of our State. 

Approved June 10, 1897. 



UNITED STATES. 



JURISDICTION TO CERTAIN LANDS. 



1. Consent to acquire title granted to the 
United States, 



§ 2. 



Jurisdiction over certain lands in Lake 
county ceded. 



§ .3. Concurrent jurisdiction reserved. 

§ 4. Cession not to take effect until title is 

acquired by the United States. 
§ 5. Exempt from taxation. 



An Act granting consent oj the State of Illinois to the acquiring of 
title by the United States, by purchase or otherwise, of certain real 
estate in the county of Lake, for military purposes, and ceding juris- 
diction over the same. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, as follows : That the consent of the 
State of Illinois is hereby given to the acquiring of title by the United 
States, by purchase or otherwise, of the following described real 



UNITED STATES. 305 



estate or any portion thereof situated in the county of Lake : The 
northeast fractional quarter of section ten (10), township forty-three 
(43) north, of range twelve (12), east of the third principal meri- 
dian ; that part of the southeast quarter of said section ten (10) 
lying east of the public highway known as Waukegan Avenue ; that 
part of the northwest quarter of section ten (10) lying east of said 
highway; the west fractional half of section eleven (11) in said 
township and range; the northwest fractional quarter of section 
fourteen (14) in said township and range ; and the northeast frac- 
tional quarter of section fourteen (14) in said township and range. 

§ 2. The jurisdiction of the State of Illinois in and over the said 
property, or such part thereof as the United States may so acquire 
title to, shall be and the same hereby is ceded to the United States, 
subject to the restrictions hereinafter mentioned. 

§ 3. The said consent is given, and the said jurisdiction ceded 
upon the express condition that the State of Illinois shall retain a 
concurrent jurisdiction with the United States in and over the said 
property so far as that the execution of all civil and criminal pro- 
cesses which may issue under the laws or authority of the State of 
Illinois shall be allowed thereon on application to the officer of the 
United States in charge thereof in the same way and manner as if 
such consent had not been given or jurisdiction ceded, except so far as 
such processes may affect the real or personal property of the United 
States. 

§ 4. The jurisdiction hereby ceded shall not vest in any respect 
to any portion of said real estate until the United States shall have 
acquired the title thereto by purchase or otherwise. 

§ 5. The said property, when acquired by the United States, and 
so long as the same shall remain the property of the United States 
and be used for public purposes, and no longer, shall be and con- 
tinue exonorated and discharged from all taxes, assessments and 
other charges which may be levied or imposed under the authority 
of this State. 

Appeoved June 6, 1887. 



—20 



30;3 UNIVERSITY OF ILLINOIS. 



UNIVERSITY OF ILLINOIS. 



ELECTION OF TRUSTEES. 

§ 1. Three trustees elected every two years. I § 2. Trustees elected on general State ticket; 

term of office ; vacancies, how filled; 
I executive committee. 

An Act to amend sections one (1) and two (2) of an act entitled "An act 
to regulate the Illinois Industrial University , and to make appropriations 
therefor,'' approved May 1, 1873, in force Jidij 1, 1873. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections one (1) and two 
(2) of an act entitled "An act to regulate the Illinois Industrial 
University, and to make appropriations therefor," approved May 7, 
1873, in force July 1, 1873, be and are hereby so amended as to 
read as follows : 

"Section 1. There shall be elected at the general election to be 
held in the several precincts and counties of this State on the 
Tuesday next after the first Monday of November, in the year of 
our Lord one thousand eight hundred and eighty-eight, and at each 
general election every two years thereafter there shall be elected^ 
three trustees of the University of JUinois ; and the trustees so 
elected, together with the Governor, the President of the State Board 
of Agriculture, the Superintendent of Public Instruction, and those 
persons who may have been appointed by the Governor to be trus- 
tees of said university and whose terms of office shall not have ex- 
pired, shall constitute the board of trustees of the University of 
Illinois, and shall succeed to and exercise all the powers conferred 
by the act entitled "An act to provide for the organization and 
maintenance of the Illinois Industrial University," approved Febru- 
ary 28, 1867, except as is herein, or may be hereafter provided by 
law. 

"Section 2. The trustees to be elected as provided in this act, 
shall be voted for on the same ballots with the State officers to be 
chosen at such recurring general elections, and the election of said 
trustees shall be conducted, and the canvass, statement and return 
of the votes cast for said trustees shall be made in the same man- 
ner, and by the same officers, and shall be governed in every par- 
ticular by the laws of this State governing a general election. The 
term of office to be held severally by the trustees so elected, and 
by their successors, shall be six years from the second Tuesday of 
March next succeeding the dates of their several elections, and until 
their successors shall have been elected and qualified : Provided, in 
case of vacancy in said board, such vacancy shall be filled by appoint- 
ment by the Governor until the next general election. Said board of 
trustees may appoint an executive committee of three chosen out of their 
own number, which committee, when said board is not in session, shall 
have the management and control of the university, and of its affairs, and 



VEAL — VENUE. 307 



for that purpose shall have, and exercise, all the powers which are 
necessary and proper for such object, except in so far as the board 
may reserve such powers to itself, and any powers granted at any 
time by said board to such executive committee, the board may at 
any time revoke." 

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

Witness my hand this 15th day of June, A. D. 1887. 

HENEY D. DEMENT, 

Secretary of State. 



VEAL. 



SALE EEGULATED. 

§ 1. Prohibits the sale of veal from a calf less than four weeks old ; penalties. 
An Act to regulate the sale of veal. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly; That if any person kills or 
causes to be killed, for the purposes of sale, any immature calf, or 
any calf less than four w^eks old, or knowingly sells or has in his 
possession with intent to sell, for food, the meat of any immature 
calf, or of any calf killed when less than four weeks old, he shall 
be guilty of a misdemeanor, and upon conviction shall be punished 
by a fine of not less than twenty-five dollars, nor more than fifty 
dollars, or by imprisonment in the county jail not exceeding thirty 
days, or by both fine and imprisonment, and all such meat expo§ed 
for sale or kept with intent to sell, may be siezed and destroyed by 
any health officer, or any sheriff, deputy sheriff, constable or police 
ofiicer. 

Appeoved June 16, 1887. 



VENUE. 



CHANGE OF. 

§ 1. Amends section 33, act of 1874, by making the county from which the change of venue 
was had, liable for all the expenses of the trial. 

An Act to amend section thirty-three {S3) of an act entitled "An act 
to revise the law in relation to change of venue," approved March 
25, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section thirty- three (33), of 



308 WAGES. 



an act entitled "An act to revise the law in relation to change of 
venue," approved March 25, 1874, in force July 1, 1874, be and the 
same is heredy amended so as to read as follows : 

"Section 33. Upon the termination of any trial, when a change 
of venue has been obtained, the clerk of the court, in which the 
trial is had, shall make out a true and correct statement of all the 
costs, fees, and all other necessary charges, claims and expenses of 
the county in which the trial is had, resulting from such change of 
venue, or growing out of, and incident to the trial of said case, or 
required in executing any and all orders of the court made in said 
case, which have been paid by the county in which the trial is had, 
or for which said county is liable; and such account shall be duly 
certified to by said clerk, and, when so certified, shall be paid by 
the county in which such indictment or information . was found, to 
the county in which the trial is had; and all fines imposed and 
collected in the county where the trial is had, shall be paid over 
to the county in which the indictment or information was found." 

Approved June 17, 1887. 



WAGES. 



PROTECTION OF CLAIMS FOR. 

§ 1. Employes and laborers made preferred creditors to the amount of 150, against other 

judgment creditors. 

An Act to protect employes and laborers in their claims for wages. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That hereafter, when the pro- 
perty of any company, corporation, firm or person shall be seized 
upon by any process of any court of this State; or when liieir 
business shall be suspended by the action of creditors, or be pu.t 
into the hands of a receiver or trustee, then in all such cases, the 
debts owing to laborers or servants, which have accrued by reason 
of their labor or employment to an amount not exceeding fifty dol- 
lars to each employe, for work or labor performed within six months 
next preceding the seizure or transfer of such property, shall be 
considered and treated as preferred debts, and such laborers or em- 
ployes shall be preferred creditors, and shall be first paid in full; 
and if there be not sufficient to pay them in full, then the same 
shall be paid to them pro rata, after paying costs. Any such 
laborer or servant, desiring to enforce his or her claim for wages 
under this act, shall present a statement under oath showing the 
amount due after allowing all just credits and set-offs, the kind of 
work for which such wages are due, and when performed, to the 
officer, person or court charged with such property, within ten days 
after the seizure thereof on any execution or writ of attachment, or 



WEIGHTS AND MEASURES. 309 



within thirty days after the same may have been placed in the 
hands of any receiver or trustee; and thereupon it shall be the 
duty of the person or court receiving such statement to pay the 
amount of such claim or claims to the person or persons entitled 
thereto (after first paying all costs occasioned by the seizure of such 
property) out of the proceeds of the sale of the property seized : 
Provided, that any person interested may contest any such claim 
or claims or any part thereof by tiling exceptions thereto, supported 
by affidavit, with the officer having the custody of sucli property, 
and thereupon the claimant shall be required to reduce his claim to 
judgment before some court having jurisdiction thereof, before any 
part thereof shall be paid. 

Approved June 15, 1887. 



WEIGHTS AND MEASUEES. 



§ 1. Amends section 7, act of 1874, by making the weight of a bushel of sweet potatoes 50 
- instead of 55 pounds. 

An Act to amend section seven (7) of an act entitled "An act to revise the 
law in relation to weights and measures,'" approved February 27, 1874, 
in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
repi'esented in the General Assembly: That section seven (7) of an 
act entitled "An act to revise the law in relation to weights and 
measures," approved Eebruary 27, 1874, in force July 1, 1874, be, 
and the same is hereby, amended so as to read as follows : 

"Section 7. Whenever any of the following articles shall be con- 
tracted for, or sold or delivered, and no special contract or agree- 
ment shall be made to the contrary, the weight per bushel shall be 
as follows, to.wit : 

Stone coal, 80 pounds. 
Unslacked lime, 80 pounds. 
Corn in the ear, 70 p(»unds. 
Wheat, 60 pounds. 
Irish potatoes, 60 pounds. 
White beans, 60 pounds. 
Clover seed, 60 pounds. 
Onions, 57 pounds. 
Shelled corn, 56 pounds. 
Eye, 56 pounds. 
Flax seed, 56 pounds. 
Sweet potatoes, 50 pounds. 
Turnips, 55 pounds. 
Fine salt, 55 pounds. 



310 WEIGHTS AND MEASURES. 



Buckwheat, 52 pounds. 

Coarse salt, 50 pounds. 

Barley, 48 pounds. 

Corn meal, 48 pounds. 

Castor beans, 46 pounds. 

Timothy seed, 45 pounds. 

Hemp seed, 44 pounds. 

Malt, 38 pounds. 

Dried peaches, 33 pounds. 

Oats, 32 pounds. 

Dried apples, 24 pounds. 

Bran, 20 pounds. 

Blue grass seed, 14 pounds. 

Hair (plastering), 8 pounds." 

Approved June 3, 1887. 



JOINT EESOLUTIONS. 311 



JOINT RESOLUTIONS. 



ADJOURNMENT OVER ELECTION DiY. 

Whereas, the annual town elections throughout the State will be 
held on Tuesday, April 5fch ; therefore 

Resolved by the House of Representatives, the Senate concurring 
herein, That when the two houses adjourn on April 1st, they shall 
stand adjourned until Wednesday, April 6, 1887. Concurred in by 
Senate March 31, 1887, with an amendment. House refused to con- 
cur with the Senate in regard to their amendment. Thereupon a 
conference committee was appointed consisting of, on part of the 
House, Messrs. Fuller, McKinlay and Wright of Cook, who made a 
report March 31, 1887, which is as follows as reported to the Senate: 

The House of Eepresentatives has had under consideration the 
report of the conference committee, relative to the differences of the 
two houses upon adjournment over the annual town meeting day, 
and have adopted the report of the said conference committee, 
fixing Wednesday, April 6, 1887, at 5 o'clock P. M., as the time to 
which both houses shall adjourn. 



ADJOURNMENT OVER TWO DAYS. 



Resolved by the House of Represejitatives, the Senate concuri'ing 
therein, That when the two houses of this General Assembly adjourn 
on Friday, April 15th, they stand adjourned until Wednesday, April 
20th, at 9 o'clock A. M. 



ADJOURNMENT OVER MEMORIAL DAY. 



Whereas, Monday next. May 30th, is the annual Memorial Day, 
and a national holiday; and 

Whereas, The members of this General Assembly desire on that 
day to pay fitting tribute of respect to the memory of the Nation's 
defenders ; therefore 



312 JOINT RESOLUTIONS. 



Resolved by the House of Representatives, the Senate concurring, 
That when the two houses of this General Assembly adjourn 
on Friday, the 27th day of Mav, 1887, they shall stand adjourned 
until Tuesday, the 31st day of May, 1887. 



ADJOURNMENT SINE DIE. 



Resolved by the House of Representatives, the Senate concurring 
herein, That when the two houses of the 35th General Assembly of 
the State of Illinois adjourn on Wednesday, the 15th day of June, 
A. D. 1887, they shall stand adjourned sine die. 



AGRICULTURAL EXPERIMENT STATION AT THE UNIVERSITY OP ILLINOIS. 

Wherras, the Congress of the United States has passed an act 
approved by the President March 2, 1887, entitled "An act to estab- 
lish agricultural experiment stations in connection with the colleges 
established in the several States under the provisions of an act 
approved July 2, 1862, and of the acts supplementary thereto ;" and. 

Whereas, it is provided in section nine of the act aforesaid, "that 
the grants of moneys authorized by this act are made subject to 
the legislative assent of the several States and territories to the 
purposes of said grants;" therefore, be it 

Resolved by the Senate, the House of Representatives concurring 
herein, That the assent of the General Assembly of the State of Illi- 
nois be and is hereby given to the purposes of the grants made in said 
act, and that the trustees of the University of Illinois be and they 
are hereby authorized and empowered to organize and conduct an 
agricultural experiment station in connection with the agricultural 
college of said University of Illinois, in accordance with the terms 
and conditions expressed in the act of Congress aforesaid. 



AMERICAN FORESTRY CONGRESS. 



Whereas, the conservation of the forests of our common country 
is a matter of deep interest to the well-being of coming generations 
in supplying timber needs, the modifying of climate and preserva- 
tion of water supply; and. 



JOINT RESOLUTIONS. 313 



Whereas, we have an association of thoughtful men who labor 
for these ends without fee or reward, known as the "American 
Forestry Congress;" therefore, be it 

Resolved hy the Senate, the House of Representatives concurring 
herein, That the General Assembly of the State of Illinois hereby 
tender the hospitality of our State, and the free use of the Hall of 
Eepresentatives of the State of Illinois, to the "American Forestry 
Congress," for their annual session in September, 1887, and cordially 
invite said association to hold its next annual session at the Capital 
of this State. 



ANIMALS, CONTAGIOUS DISEASES. 

Whereas, the existence of contagious pleuro-pneumonia among 
cattle in the United States is the result of negligence upon the part 
of the Federal Government in failing to enact and enforce proper 
quarantine measures on the sea board; and. 

Whereas, the various States and Territories of the Union have 
for their own protection been compelled to resort to embarrassing 
quarantine regulations, thereby seriously obstructing inter-state com- 
merce ; and, 

Whereas, this disease has, during the past two years, made rapid 
progress in spite of the utmost endeavor of State authorities ; there- 
fore. 

Resolved hy the Senate, the House concurring herein. That we do hereby 
urge upon Congress the speedy enactment of the bill now pending 
in the United States Senate for the suppression of exotic contagious 
diseases among cattle, to the end that one of our greatest business 
industries may be relieved from an impending calamity ; that the 
meat supply of the Nation may be saved from losses which would 
directly affect every consumer of meat ; and that the foreign stigma 
now attaching to one of our principal articles of export may be re- 
moved. 

Resolved, That the vigorous measures proposed in the Miller bill 
should be made to apply only to diseases of foreign origin, and not 
to the common diseases to which the cattle of the United States 
are subject, and which are only equivalent to the ordinary dangers 
to which other branches of business are subjected. 



314 JOINT RESOLUTIONS. 



ASSASSINATION OF HON. GEO. S. BAILEY. 

Whereas, the startling intelligence comes to this House of an 
attempt to assassinate the Honorable George S. Bailey, one of its 
members, on the evening of March 22, 18S7 ; and, 

Whereas, it is deemed necessary, in order that the guilty party 
or parties may be brought to justice, that a liberal reward be 
offered for his or their arrest and conviction ; therefore be it 

Resolved by the House of Representatives, the Senate concurring herein, 
That the Governor of the State be authorized to offer a reward of 
two thousand dollars ($2,000) for the arrest and conviction or infor- 
mation leading to the arrest and conviction of the guilty party or 
parties, and in case of their arrest and conviction, the Auditor of 
Public Accounts be authorized to draw his warrant on the Treas- 
urer, payable to the person or persons entitled to the same under 
this resolution, out of any money in the treasury not otherwise ap- 
propriated. 



CHICAGO sewerage SYSTEM — COMMITTEE TO INVESTIGATE. 

WHEREA.S, the City of Chicago contemplates to transfer the vast 
sewerage of the city and the waters of Chicago River into the Des 
Plaines and the Illinois rivers. 

Whereas, the people of the State living along the liver, are 
alarmed that the waters which in some places are used for domes- 
tic purposes, are still more polluted, 

Whereas, the Illinois River at LaSalle will be wholly inadequate 
to carry off this additional volume of water and cause disastrous 
overflows ; therefore, 

Resolved by the Senate, the House concurring therein, That a com- 
mittee of ten, four from the Senate and six from the House, be 
hereby appointed by the respective presiding officers, to inquire 
into all the above questions, and report to the General Assembly as 
early as possible. 



CHICAGO DRAINAGE SYSTEM — COMMITTEE TO EXAMINE IN VACATION. 

Resolved by the House of Representatives, the Senate concurring 
herein, That a commission of five (5), consisting of the Mayor of 
Chicago, ex-officio, two members of the House, selected from dif- 
ferent political parties, to be appointed by the Speaker, and two 
members of the Senate, selected from different political parties, to 
be appointed by the President of the Senate, shall examine and re- 
port to the next session of the Illinois Legislature the subject of 
the drainage of Chicago and its suburbs. If such commission shall 



JOINT RESOLUTIONS. 315 



find, upon investigation, that the most practicable solution of the 
problem is in the construction of a water-way for the sewage from 
Chicago to the DesPlaines Eiver at or near Joliet, the commission 
shall report what requirements should be made as to the construc- 
iion of such water-way and the dilution of such sewage for the pro- 
tection of the health and comfort of the people along the DesPlaines 
Eiver at and below Joliet. Said commission shall serve without 
pay, and the expenses of the same may be paid by the City of Chicago. 

And the Speaker appointed as such joint committee, on the part of 
the House, Messrs. MacMillan and Riley, and the President of the 
Senate appointed, on the part of the Senate, Messrs. Eckhart and 
Bell. 



CLAIMS COMMITTEE. 

Whereas, the Chief Justice of the Supreme Court has refused to 
appoint judges to constitute the "Commissioners of Claims," as pro- 
vided by an act entitled "An act to create a Commission of Claims 
and to prescribe its powers and duties," approved May 29, 1877, 
and has assigned as a reason therefor that the duties of said Com- 
mission of Claims are extra-judicial, and that the judges of the 
courts can no longer discharge their duties as judges of the courts 
and of said Commission of Claims ; and 

Whereas, also, there are a large number of claims against the 
State filed with the Auditor of Public Accounts as ex-officio clerk of 
said Commission, which are undisposed of ; therefore be it 

Resolved by the Senate, the House of Representatives concurring 
herein, That a committee of five be appointed, three by the Speaker 
of the House and two by the President of the Senate, and that it 
shall be the duty of such committee to investigate all claims filed 
with the Auditor of Public Accounts as clerk of said commission 
(and undisposed of), together with the evidence on file with said 
claims, and the said committee recommend to this General Assem- 
bly such further legislative action m regard to the investigation of 
such claims as to the said committee may seem proper. 



SENA! OR S. M. CULLOM. 



Be it resolved by the Senate, the House of Representatives concurring 
therein, That the thanks of the Greneral Assembly of the State of 
'Illinois be extended to Senator Cullom for his victory achieved in 
the passage, by the Senate of the United States, of his inter-state 
commerce bill. 



316 JOINT RESOLUTIONS. 



Resolved, That the Secretary of State be directed to transmit to 
Senator Cullom a copy of this resolution, properly engrossed and 
authenticated by the officers of the Senate and House. 



DAVID DAYIS, DEATH OF. 

Whereas, since the close of the last session of the General As- 
sembly of this State, David Davis, who died at his home in Bloom- 
ington, McLean county, on the 26th day of June, A. D. 1886, was 
in 1844 elected a member of the lower House of the Legislature of 
this State, and, in 1847, was elected a member of the Constitutional 
Convention which framed the Constitution for this State, and, for 
three successive terms, was elected Judge of 8th Judicial Circuit of 
Illinois, and was afterwards, m October, 1862, appointed by Presi- 
dent Lincoln as Associate Justice of the Supreme Court of the 
United States, and was, in February, 1877, elected a Senator of the 
United States and served as President pro tern, of the Senate, and 
has occupied other important posts of trust. 

Whereas, during his extended and honorable public career he 
achieved great distinction for himself and rendered enduring ser- 
vices to the State and to the Nation; and, 

Whereas, it is becoming that the State should place upon its 
public records its appreciatien of such distinguished sons, and ex- 
press a fitting tribute to their memory ; therefore be it 

Resolved (if the House concur), That in the death of ex-Senator 
David Davis, the State has lost a most distinguished citizen. 

Resolved, That the name of David Davis shall be inscribed upon 
the archives of the State as one of the honored statesman of the 
Nation. 

Resolved, That these proceedings be entered upon the Journals of 
the Senate and House of Eepresentatives, and that a copy thereof, 
duly engrossed, be presented to the respected widow of the deceased. 



CANVASSING ELECTION RETURNS FOR STATE OFFICERS. 

Resolved by the House of Representatives, the Senate concurring herein, 
That the two houses shall meet in joint session, in the flail of the 
House of Representatives, on Thursday, the 6th day of January, 
1887, at the hour of 11 o'clock A. M., for the purpose of canvassing 
the returns of the election for State officers, held on the 2d day of 
November, A. D. 1886, as required by the constitution of this State. 



JOINT RESOLUTIONS. 317 



CENTENNIAL EXPOSITION OF THE OHIO VALLEY AND CENTEAL STATES, AT 

CINCINNATI. 

Whereas, the year 1888 will be the centennial anniversary of the 
settlement of the Ohio Valley and the Central States of the Union ; 
and. 

Whereas, the Cincinnati Chamber of Commerce, the Board of 
Trade and the Ohio Mechanics' Institute have appointed a board of 
commissioners to inaugurate and manage the Centennial Exposition 
of the Ohio Valley and Central States, in a manner appropriately 
showing the development of a century's progress ; and. 

Whereas, the board of commissioners, having formulated plans 
of wide scope, to make this exposition one of national character, 
and desiring the aid and a recognition of the several Central States 
of the Union and representation in its board of five honorary com- 
missioners from each of the states ; therefore, be it 

Resolved by the Senate, the House of Representatives concurring 
herein. That the Governor be, and is hereby authorized to appoint 
five honorary commissioners to represent the interests of the State 
of Illinois in the said Centennial Exposition of the Ohio Valley and 
Central States, said commissioners to serve without compensation. 
Said commissioners shall receive no compensation for such services 
by appropriation of this session or any future session of the 
Legislature. 



governor S message — PRINTING. 

Whereas, both houses have ordered the printing of the Gov- 
ernor's message ; and. 

Whereas, it is ruled that a concurrent resolution is necessary; 
therefore, be it 

Resolved by the Senate, the House concurring, That 8,000 copies of 
the Governor's message be printed for the use of both houses. 



COERCIVE measures BY ENGLAND AGAINST IRELAND. 

Whereas, the civilized world has been compelled to view in the 
nineteenth century, in the relations existing between England and 
Ireland, the astounding spectacle of one of the world's greatest na- 
tions relentlessly pursuing a policy of injustice and coercion in defi- 
ance of the clear condemnation of the voice of history, the dictates 
of reason and the demands of justice ; 



.IDIN'l l(l,:U)l.l''l l<),,H. 



VViiiciiiOAH, Ui<5 I'liif/liiili (.(ovdniriHini Idi.h now in c.onicjtijdnlifMi iho 
onii.rinuinl, ol ii. cuort-ion lii.w inom Hirin^orili in it.H (jtovihiomh ilinri 
(,li() lii.wii iilt'ditdy oy.iHlinp;. ilid pit,HHii|j;<! of wliirili will tond io norpoi- 
iiirUt ilwt Imu'Imu'ki (ivilK of hindloii'iiiiun ittid f^.iuirfuiii^o ti. now IdaHn of 
lil'o l.o lui oni. of ill-iroiiiinonl,, (lohiiHctnonl,, (iiiliiMitiy, HiilTorinf-^ (i.nd 
porHO(!Uiion ; 

llr.Holni'd III/ llic lloiiiic. dJ ILcirrcHciildliiWH, llic, SciKitr aincnrrhiii, 
'Y\\ni ill ilid iiihdi'oHfH of oifU'inil jiii-itic-o, iMid in Uio niuno of Utii.i d(!(tf> 
fuid iiniv()i'Mii.l Hdniitiiotii of lihofiy wlii(di |M)rviul(!H ilio lirojiHlH of ii.ll 
rnoii, wo j)i'oi(ud/ ni-^iiiiiHli ilio pr'o|)OHod (MKUvdvo nioiiiKiiroH iih wliolly 
iiiiwoilliy ilic i-'ji^wi iiiMiio of l<lnj/lii,nd, n,H Hiiiridu,! io ilio Im^hI infor- 
(iMfi-t (d' l)oMi hWiKliiiid luid Indiind, iih ii viol)i,iioii of ilio lirHt, priri- 
(liploH of iiiHfi(^n, )Uid fi,H opposed |() tlio li'iio philoHopliy of jiiHi luid 
Ic^^ifinuilo f/ov<inim(inl, ; iMid wo (dm.nud,<iii/,(' ilioin ind, only lUi oiii- 
riiif/o upon Mio lilxulioH of ilio liiHli t)Of)plo, hut. imi infiill, l,o IIki in- 
HiiiidiH of IJio IniniiMi ni.(;o, tuid ii. HiihvorHion of flio innJioniihlo i-i;/ld.K 
of nnin. 

IhCHitliuul, 'I'lui.f oil!' Hyinpiiiliy luid oiKionn^/cnioni iiro lioroby ox- 
tondod 1.0 "Mn(:rlMiid'H ^^roiiiont Hiii.ioHirmn," Williiiiri M. (jUimIhIomo, 
atid io (]|iiM'l(n4 MiiiiM'i I'ltnioll, in ilioir noblo ci'iihimIo ii^iuiiHi iiiiiiiHt 
juid oppt'oHHivo IfiiWM iMid ilioir fiiiilifiil (ind<iii,vorH io IniHion liy ron- 
HiiiiiiioniiJ nndJioilM IJin diiivvn of poiMto, proHpnriiy luid inipiiriiiil jiiH- 
ii(^n for I roll) lid. 



HON. MAVin T. hlTTTiWIt. 

Wiiii!Uii:am, Huh (iciicniJ AHHoniMy lonriiH wiili profound HiiiiHf(i.(d,ion 
of tlio iippoinimoiii l»y ilio I'roHidoni of ilui IJiiiicui Siii.ioH of lion. 
1). 'I,'. Idiilor iiH II iiKiinlior of ilio (loimiiiHHion io jiivoHii(,(iiio ilio nf- 
I'airH of ilio i'licilio JIiuIi'oiuIh ; ili()r(d'oro, bo ii 

Ili'HoliU'd hi/ (he lloiiHC of llvjtrcHvnJK.lhu'H, llu: SnmUi coiiciirrlutj 
licniii,, TliiiJi ill ilio roiiroiiioiii of Mr. Liiilor ilio (lononil AHKciiilily 
loHim Olio of iiH iiioHi itltio luid oiTKnoiii inoniborM, nnd l'i'oHid(^iii 
(Hovoliuid iijid IiIm iMlniiniMii'ii.iion \h io ho (^oii|,^niiiiliilod in Hociiriii^ 
ilio HorvidoH of iliiH oiiiinoni iind nwofiil oitizen oi' lilinoiH in IJiin ini- 
porlnni woi'K. 



HTI'I'l li'Oll 'I'lmi noOAN MONIIIVIli'.N'l' ON 'I'llli; H'I'A'I'I': IIOUHH! <lllOIINI»M. 

WiiiciiinAH, iliiH |j('|.tiHlii,iiiro liiiH ii,ppr()priai(id ilio hiiiii of |r>(), ()()(), 
or HO iiiiKdi ilioroof hh iniiy lio iioc^c^HHiiry for ilio («ro(d.ioii of ii miii- 
alilo iiioiiiiiiKmi ill honor of ilio dodoaHiHJ ^roai HiaioHiniin and patri- 
olid Holdior .loliii A. Ijo|j;imi ; 



JOINT KESOLUTIONS. 319 



Whbeeas, the City of Springfield, as tiie Capital of the State, is 
one of the most accessible and proper places for the location of 
such a monument ; and 

Whekea-S, the people south of Springfield have been near neigh- 
bors to the lamented statesman and patriotic soldier, and have a better 
accommodation to visit such a monument at the State Capital than 
at any other place further north ; therefore be it 

Resolved by the House of Representatives, the Senate concurring 
herein, -That the State House Commissioners are hereby authorized 
to offer, on behalf of the State, a suitable site on the Capitol grounds 
free of charge, for the erection of such a monument, if the beloved 
widow of the deceased should see it proper and in conformity with 
her desires to select such a site ; and be it further 

Resolved, That the Secretary of State is hereby instructed to for- 
ward a copy of these preambles and resolutions to Mrs. John A. 
Logan. 



NOKTHWEST TERRITOEY — CENTENNIAL CELEBRATION OF SETTLEMENT. 

Whereas, the General Assembly of the State of Ohio has, by 
joint resolution, invited the four States, Indiana, Illinois, Michigan 
and Wisconsin, which with Ohio formed the old territory northwest 
of the Kiver Ohio, to participate in the centennial celebration of the 
first American settlement made therein, at Marietta, Ohio, April 7, 
1788, and also to participate in an industrial and educational exposi- 
tion, illustrative of the progress made in Ohio, the oldest State in 
the aforesaid territory, during the century from 1788 to 1888, to be 
held in the capital city of Ohio in the autumn of the year 1888 ; and 

Whereas, we, the Eepresentatives of the People of Illinois, re- 
cognizing the value of the services of those who founded the five 
great States now comprising the aforesaid territory, and recogniz- 
ing the importance of its acquisition and occupation by the United 
States of America ; therefore, be it 

Resolved by the Senate of Illinois, the House of Representatives con- 
curring. That we cheerfully and cordially accept the invitation of the 
General Assembly of the State of Ohio, on behalf of the people of 
the State of Illinois, and promise hearty support and cooperation 
to both celebration and exposition. 

Resolved, That the Governor be, and is hereby, authorized to ap- 
point an honorary commissioner on the part of Illinois to represent 
the people in said celebration and exposition, and he is hereby au- 
thorized to forward to the executive of Ohio a copy of this con- 
current resolution, with such assurances of good will as he may 
deem proper. 



320 JOINT KESOLUTIONS. 



DEPENDENT AND DISABILITY PENSION BILL. 

Whereas, by the action of the Federal House of Representatives, 
and by the pronounced vote of 179 to 76, that body has adopted 
the report of its committee upon invalid pensions, providing for the 
partial care and maintenance of honorably discharged soldiers and 
sailors whose names are not now borne upon the pension rolls, and 
the dependent parents of such soldiers or sailors who were killed, 
or died, while in the service of the country ; therefore, 

Resolved by the Senate, the House of Representatives concurring herein, 
That this patriotic action merits the most cordial approval of this 
General Assembly. 

Resolved, That the Secretary of State be instructed to forward a 
copy of this joint resolution to the chairman of the committee on 
Invalid Pensions of the Federal House of Representatives, and a copy 
each to the Senators in Congress from Illinois. 



female convicts in the penitentiaries. 

Resolved by the House of Representatives, the Senate concurring 
therein, That in order to save expense and secure economy in man- 
agement, the Governor be requested to direct the commissioners of 
the State Penitentiary at Chester to transfer all female prisoners in 
said institution to the penitentiary at Joliet, and to discontinue the 
use of said penitentiary at Chester hereafter as a prison for female 
convicts. 



UNITED states PRISONERS IN THE PENITENTIARIES. 

Whereas, it appears from the reports of the commissioners of the 
two penitentiaries, that they have heretofore been receiving United 
States prisoners from the several States and territories, and on Sep- 
tember 30, 1886, had in charge at the Joliet penitentiary 87, of which 
15 were committed from the United States courts of this State, and 
at the Southern penitentiary 137 of such convicts, of which 21 were 
committed from the United States courts of this State; and 

Whereas, by the amendment of the constitution of this State 
prohibiting the employment of convict labor by contract, the State 
will of necessity meet the embarrassing difficulty of finding profit- 
able employment for her own convicts, requiring a large per capita 
investment of money; and 



JOINT RESOLUTIONS. 321 



Whereas, by act of Congress approved February 23, 1887, the 
employment of United States prisoners by contract was pro- 
hibited ; and 

Whereas, we feel it our bounden duty in fairness to the free 
labor of this State to discourage the importation of convict labor; 
therefore, be it 

Resolved by the Senate, the House of Representatives concurring 
herein, That the commissioners of the penitentiary at Joliet, and the 
commissioners of the penitentiary at Chester, be, and they are hereby 
instructed to notify the proper authorities of the United States 
Government that they cannot hereafter receive United States prison- 
ers, except such as are committed from the United States courts of 
this State ; and further notify such proper authorities to remove if 
possible all United States prisoners now held, within 90 days of such 
notice, and that the sum of 60 cents per diem will be charged for 
feeding, clothing and guarding each convict remaining after the 
expiration of the said 90 days. 



PLEURO-PNEUMONIA IN COOK COUNTY — LIVE STOCK COMMISSIONERS TO 

REPORT ON. 

Wrereas, on account of the existence of pleuro-pneumonia in the 
city of Chicago and immediate vicinity, the authorities of a numb^ 
of States and territories have scheduled the entire State of Illinois, 
and prohibited the shipment of cattle from every county in the 
State into their respective States, excepting the shippers comply 
with expensive and unreasonable conditions, or submit to a 90 days 
quarantine at the point of entry, which is practical prohibition ; and. 

Whereas, the application of such restrictive and prohibitory 
measures to the shipment of cattle from counties where no conta- 
gious pleuro-pneumonia exists, is unjust and should be withdrawn; 
and. 

Whereas, this Creneral Assembly should be advised of the present 
status and extent of the prevalence of contagious pleuro-pneumonia 
in Cook county, and the unnecessary and unreasonable restrictions 
resulting therefrom in the shipment of cattle from other portions of 
the State, in order that proper action may be taken looking to the 
procurement of a just modification of the aforesaid restrictions ; 
therefore, be it 

Resolved by the House, the Semite concurring herein. That the 
Board of Live Stock Commissioners of the State of Illinois be, and 
they are hereby, requested to report to this House the extent to which 
contagious pleuro-pneumonia prevails in this State at this time, and 
what has been and is being done by them in the way of extirpating 
the disease and preventing its spread from the locality found to be 
infected. 

—21 



322 JOINT RESOLUTIONS. 



PLEURO-PNEUMONIA IN COOK COUNTY — COMMITTEE OF INVESTIGATION 

APPOINTED. 

Whereas, there is a feeling of uncertainty as to the existence and 
extent of contagious pleuro-pneumonia in Cook county, and as to 
what measures the authorities are taking to investigate and suppress 
the same ; therefore. 

Resolved by the House of Representatives, the Senate concurring 
herein, That a committee of nine, five from the House and four 
from the Senate, be appointed by the respective presiding officers 
to immediately visit and investigate that locality and report the con- 
dition of the same to the General Assembly. 

Messrs. Stewart, Keyser, Hunter, Converse, and Wilson of Ogle, 
appointed by the Speaker on the part of the House May 18, 1887, 
as said committee. 

Appointed on the part of the Senate, Messrs. Funk, Leman, 
Johnson and Gore. 



PRINTING MEMORIAL ADDRESSES IN HONOR OF DAVIS AND LOGAN. 

Resolved by the Senate, the House of Representatives concurring herein, 
That there be printed in book form, by the Secretary of the Senate 
and Clerk of the House of Kepresentatives, under the direction of 
the joint committee of arrangements, three thousand copies of the 
Memorial Addresses on the lives and characters of Hon. John A. 
Logan and Hon. David Davis, delivered at the exercises in honor of 
their memory, in the hall of the House of Eepresentatives, at 
Springfield, February 22, 1887. 



OHIO AND MISSISSIPPI RAILWAY COMPANY. 

To the Speaker of the House of Representatives of the Thirty fifth Gen- 
eral Assembly: 

The Committee on Railroads, to whom was referred the resolution 
to investigate the Ohio and Mississippi Railway Company, for the 
purpose of ascertaining whether it had complied with the Constitu- 
tion of the State of Illinois and the laws made in pursuance thereof, 
would report the following evidence as taken by the said committee : 

Mr. N. D. Munson, Secretary of the Railroad and Warehouse 
Commission, was the first witness examined. Mr. Munson stated 
that he had seen the stock book of the company as kept by Mr. F. 
W. Tracy, one of the directors of the 0. & M. Railway Company; 
that there were no other directors residing in the State, but that 



JOINT EESOLUTIONS. 323 



there bad been no complaint filed against the company for non- 
compliance with the law requiring that a majority of the directors 
should reside in this State. 

Mr, Tracy was next called. He said he was a director of the 
0. & M. Eaiiway Company, and the only one of the company who 
resided in the State of Illinois, He kept an office with a book for 
the transfer of stock, but that so far there had never been any 
transfer of stock made in it ; that the book had been prepared with 
the belief that the company was complying with the law, and that 
other railroad companies in the State, similarly situated as the 
0. & M. Railway Company, had taken the form of this book ; that 
it was open at all times for the transfer of stock, but that no ap- 
plication had ever been made to him for such purpose. He pre- 
sumed that most of the transfers of stock were made in New York ; 
that there had never been a demand upon him by anybody to 
examine this book. 

Mr. Munson being recalled, stated that the annual reports of the 
0. & M. Railway company did not show any transfer of stock. At 
this stage of the investigation the committee adjourned to meet 
upon the call of the chairman. The committee find that said rail- 
way company has failed to comply with section nine (9) of article 
eleven (11) of the Constitution of 1870, to maintain a public ofiice 
or place in this State for the transaction of its business, where 
transfers of stock shall be made, and the directors of every railroad 
corporation shall annually make a report, under oath, to the Rail- 
road and Warehouse Commissioners and to the Auditor of Public 
Accounts, and a majority of the directors to be citizens and resi- 
dents of this State. The committee would report that it finds the 
said Ohio and Mississippi Railway Company has failed to comply 
with either the constitutional provision of the laws made thereunder, 
and recommend the adoption of the following : 

Resolved by the House of Representatives, the Senate concurring 
herein, That the Attorney Greneral and the Railroad and Warehouse 
Commissioners be, and they are hereby, instructed to commence 
proceedings of mandamus to compel the president and directors of 
the Ohio and Mississippi Railway Company to comply with the pro- 
vision of the Constitution and the laws made in pursuance thereof, 
and to enforce and collect the penalties for failure to comply there- 
with. 

And he it further resolved, That the State's Attorneys of the sev- 
eral counties through which the said Ohio and Mississippi Railway 
runs be, and they are hereby, instructed to call the attention of 
the grand jury of each of their several counties, and to lay before 
them the law on the subject, showing the law and the penalty 
thereto attaciied for the non-compliance of said constitution and 
laws, and a copy ot this report and resolutions be sent to each 
State's Attorney in the counties through which the said 0. & M. 
Railway runs. And the Speaker of the House and the President of 
the Senate be requested to certify to each copy as a certified copy 
of said proceedings, and that a copy of said proceedings properly 
certified be served upon the Attorney General and the Secretary 
of the Board of Railroad and Warehouse Commissioners. 



324 JOINT RESOLUTIONS. 



LOAN OF TENTS TO THE CITY OF OLNEY. 

Whereas, the citizens of Olney have asked for the loan from the 
State of four hundred tents, poles and pins for use of visitors dur- 
ing the State fair, at Olney, from September 20 to October 1, 1887 ; 
and, 

Whereas, in contemplation of law, in the opinion of the Adjutant- 
General these are for the use only of the military force of the 
State, and cannot be used for other purposes without the authority 
of the Legislature ; therefore, 

Resolved by the Senate, ike House of B,epresentatives concurring 
herein, That the request of the citizens of Olney be granted, and 
that Adjutant-General Vance be, and he is instructed to furnish 
said tents, poles and pins under such regulations as he may pre- 
scribe to insure the safety and the return of the property, and save 
the State from all expenses. 



JOHN G. ROGERS, DEATH OF. 

Whereas, the Honorable John G. Eogers, one of the judges of 
the circuit court of Cook county, has recently departed this life ; 
therefore, be it 

Resolved that the Senate, the House of Representatives concurring 
therein, on behalf of the people of the State of Illinois, express 
sincere regret at the loss of so useful a citizen, great and just 
judge, and so pure, honorable and upright man. 

Resolved, That these resolutions be spread upon the records of this 
General Assembly, and a copy thereof, properly attested, be 
forwarded to the family of the deceased. 



SCHOOL LAW REVISION. 

Whereas, there are many redundancies, inconsistencies, contra- 
dictions and incongruities now existing in the commdn school law 
of the State of Illinois, rendering the same uncertain and indefinite ; 
therefore, be it 

Resolved by the House of Representatives, the Senate concurring 
herein, That the State Superintendent of Public Instruction of the 
State of Illinois be appointed a committee to revise, compile, correct 
and harmonize said school law in a bill for said purpose, and report 
the same to the next General Assembly of said State for its con- 
sideration. 



JOINT RESOLUTIONS. 325 



ST. LOUIS BRIDGE COMPANY. 

Whereas, the company or corporation controlling and operating 
the bridge over the Mississippi river between the City of East St. 
Louis in this State, and the city of St. Louis in the State of Mis- 
souri, are imposing upon the citizens of Illinois by unjust discrimi- 
nation and extortion for transporting passengers and property over 
said bridge ; and 

Whereas, the Supreme Court of the United States has held that 
such transportation companies are not subject to the control of the 
States, but that the power to regulate such corporations is vested in 
the General Government ; therefore be it 

Resolved hy the House, the Senate concurring therein, That the Rail- 
road and Warehouse Commissioners of this State be and they are 
hereby directed to investigate the same and to file complaint by 
petition or otherwise with the Board of Inter-State Commissioners, 
and to take such action in the premises in behalf of the People of 
the State, by prosecuting the same, as will relieve the people from 
the unjust discrimination and extortion practiced by this cor- 
poration, and that they be authorized to pay the expense of inves- 
tigating and prosecutmg the same, out of the appropriation made 
or to be made for the payment of their expense. 



ELECTION OF UNITED STATES SENATOR. 

Resolved hy the House of Rejjvesentatives, the Senate concurring 
herein, That, to fill the vacancy in the of&ce of United States Sena- 
tor from this State, the two houses of this General Assembly. will, 
on Tuesday, the 18th day of January, A. D. 1887, at 11 o'clock A. 
M., in their separate houses, proceed to ballot for a candidate to 
fill such vacancy ; and on Wednesday, the 19th day of January, A. 
D. 1887, at the hour of twelve o'clock, meridian, the two houses 
shall convene in joint assembly, in the Hall of the House of Repre- 
sentatives, and in the manner prescribed by law declare the person 
who has received the majority of votes in each house, if any such 
person has received such majority in each house, duly elected 
United States Senator to fill such vacancy, but if no one person 
has received such majority then proceed as prescribed by law, in 
joint assembly, to elect a United States Senator to fill such vacancy. 



PURCHASE OF THE SWORDS OF JAMES SHIELDS. 

Whereas, tbe State of Illinois and the State of South Carolina 
after the war v/ith Mexico each presented to the late General James 
Shields a sword, in consideration of gallant and meritorious services 
rendered by him in said war; and 



326 JOINT KE SOLUTIONS. 



Whereas, he lias left surviving him a widow and three minor 
children, with but limited means of support, and said swords, though 
costly and valuable, cannot be divided and apportioned between said 
children, and their value is needed for the education and support of 
said children ; and 

Whereas, a bill has been introduced in Congress to authorize the 
Secretary of War to purchase of the widow and children of the late 
General James Shields, said swords, at their actual cost and value, 
not to exceed the sum of ten thousand dollars ; 

Resolved bij the House of liepresentatives, the Senate concurring 
herein, That our Senators in Congress be instructed, and our repre- 
sentatives be requested, to use their best endeavors to secure the 
passage of said bill. 



SOLDIERS HOMES IN THE STATES. 

Whereas, it is evidently the duty of the National Government to 
care for the veterans of the late war and not impose that burden 
upon the loyal States alone; and, 

Whereas, National Homes have been established in several of 
the States and supported by the general government, thereby re- 
lieving them of this expense, whilst the other patriotic States not 
so provided, feeling that their veterans should be cared for without 
sending them from their State and home, to be grouped among 
strangers in over populated places, have made provision for their 
care at an expense not easily but willingly borne, but at the same 
time feeling that the general government has not made provision 
whereby each State will share an equal expense in providing for 
our veteran wards ; therefore, 

Resolved by the House of Piepresentatives of the State of Illinois, the 
Senate concwrnng herein, That our Senators and Eepresentatives in 
Congress be requested to support a measure that will reimburse 
the States which have provided homes for their veterans, for all 
expenses incurred by them, both for the erection of buildings and 
on account of maintenance of the same, and make suitable provi- 
sion for the support and care of the veteran defenders of our homes 
and country. 

Resolved, That the Secretary of State be instructed to transmit a 
copy of the foregoing resolution to each of the Senators and Eepre- 
sentatives in Congress from the State of Illinois. 



JOINT RESOLUTIONS. 



SOLDIERS HOME TRANSFER TO UNITED STATES. 

Whereas, the 3ith General Assembly did appropriate the sum of 
$200,000 for the erection of a Soldiers' and Sailors' Home in the 
State of Illinois, to the end that all needy and destitute old sol- 
diers and sailors residing in the State of Illinois should, in their 
old age, be amply provided for, and to the end that none of said 
destitute and needy old soldiers and sailors, in their declining years, 
shall come to want ; and. 

Whereas, said appropriation has been expended in the procure- 
ment of suitable grounds near the city of Quincy, and erecting suit- 
able and proper as well as convenient and substantial buildings for 
said Home ; and. 

Whereas, there is a growing and increasing demand for said 
Home, both for the care of the old soldiers residing in the State 
and those residing in the adjoining States, said demand being for 
the care of such old soldiers as cannot now be provided for under 
the existing pension laws of the United States ; and. 

Whereas, we believe it is the duty of the United States govern- 
ment to see to it that all old soldiers and sailors are protected from 
want, and that they be provided with all the necessaries of life and 
to the end that all old soldiers and sailors outside of the State of 
Illinois, as well as those who reside within her borders, may enjoy 
the benefits of said Home, therefore be it 

Resolved by the Senate, the House of Representatives concurring 
herein, That the trustees of said Soldiers' and Sailors' Home be 
and they are hereby directed, at the meeting of the next Congress 
of the United States, to tender said Soldiers and Sailors' Home to 
the United States government upon conditions that the United 
States government conduct said Home in all respects for the best 
interests of the worthy and needy soldiers and sailors, so long as 
said Home shall be needed for the benefit of old soldiers and sailors 
for the United States in all wars in which said soldiers and sailors 
were engaged for the general government prior to this time, and 
when said Home shall no longer be needed or used for said Home 
for said soldiers and sailors aforesaid, then said Home, and the 
appurtenances thereunto belonging, shall revert to the State of 
Illinois : Provided, that nothing herein contained shall interfere 
with the erection of such buildings as the 35th General Assembly 
may direct erected, or for the necessary running expenses until said 
Home is accepted by the general government : And provided, further, 
that said trustees are instructed not to receive as inmates to said 
Home any soldiers or sailors who are not citizens of Illinois, until 
said Home is secured as aforesaid by the U. S. government. 



328 JOINT RESOLUTIONS. 



SUPREME COURT REPORTS TO CERTAIN COUNTIES, 

Where vs, the law in regard to publishing the Supreme Court Ee- 
ports of this State requires twenty copies of each number to be de- 
posited with the Secretary of State ; and 

Whereas, under said law large numbers have accumulated ; and 

Whereas, Kendall, Cumberland, Wayne and Williamson counties, 
in this State, have lost all of their said reports by fire ; therefore, 

Resolved by the Senate, the House concurring therein, That the Secre- 
tary of State be, and he is hereby, authorized to furnish one copy 
of all numbers of said reports (where the same can be done without 
prejudice to this State) to the clerk of each of the said counties for 
the use of the courts of each of said counties. 



SWAMP LAND CLAIMS AGAINST THE UNITED STATES. 

Whereas, the United States has, by various acts of Congress, 
granted to several of the States certain of the swamp and overflowed 
lands situate within their respective limits ; and 

Whereas, some of said swamp and overflowed lands were there- 
after erroneously sold and otherwise disposed of by the Unites States 
in derogation of the right of the States entitled thereto, and con- 
trary to and in violation of the provisions of the grants aforesaid ; 
and 

Whereas, no adequate indemnity to said States or relief to the 
purchaser of said lands has been hitherto provided ; and 

Whsreas, Bill No. 4,792 to provide for the adjustment and settle- 
ment of the claims of any State against the United States for all 
lands which have been or may be hereafter sold or otherwise dis- 
posed of by the United States that were included in any grant of 
swamp or overflowed lands to such States, has been introduced in 
the House of Eepresentatives ; therefore, be it 

Resolved, that it is the sense of the House of Representatives, the 
Senate concurring herein, that the Senators and Eepresentatives of 
this State in the National Congress should support and use their 
best efforts for the passage of said bill. 



CEKTIFICA.TE. 329 



UNITED STATES OF AMEEICA, f „„ 
State of Illinois. ) ^*" 

I, Heney D. Dement, Secretary of State of the State of Illinois, do hereby certify that 
the foregoing acts and joint resolutions of the 35th General Assembly of the State of IlUnois 
are true and correct copies of the original acts and joint resolutions as filed in the office of 
the Secretary of State, with the exception of words, letters and flgiires printed in brackets, 
thus: []. 

In witness wheeeof, I have hereto set my hand and affixed the great seal 
of State at Springfield, this 14th day of July, A. D. 1887. 

[seal.] henry D. dement. 

Secretai^ of State. 



INDEXTO LAAAAS, 



PAGE. 

ABEL, ADOLPH: 

Appropriation 55 

ABSTRACTS OF TITLE : , 

Fees of recorders 250 

Recorders may make 256 

ADJUTANT GENERAL: 

Appeopeiations : 

Memorial Hall 47 

National Guard 47, 48 

Office expenses, etc 67 

Rules for the government of troops in 
auelling riots 239 

ADMINISTRATION OF ESTATES : 
Bondsmen of executors and adminis- 
trators, liability 1 

Classification of claims 2 

Sale of real estate 3 

AGRICULTURE : 

Appropriations to State Board 20 

State Board, certificates to owners of 
sires 17 

ALIENS : 

Real and personal estate, right to 

hold 5 

Taxes not to be included in rent 4 

ALMINLP. M.: 

Appropriation 59 

ANIMALS : 

Contagion: 

Act of 1885 amended 8 

Act of 18S7 amended 13 

Appropriation for slauglitered 69 

Claims for damages, appropria- 
tion 8,13,16 

United States law, acceptance 16 

Pedigrees, fraudulent 18 

Running at large 19 

Sires, liens on get of 17 

APPEALS : 

Fees, copies of papers 182 

Police magistrates 217 

APPROPRIATIONS : 

Abel, Adolph- 55 

Adjutant Geneeal: 

Clerk hire, office expenses, etc 67 

Memorial Hall 47,67 

National Guard 47, 48 

Agricultural boards 20 

Almini. P. M 59 

Appellate courts 67 

Attorney General, clerk hire, etc 66 



PAGE. 

APPROPRIATIONS-Coniin!/ed. 

Auditor, clerk hire, etc 65 

Bailey, O.J 53 

Barrack, J. L 53 

Binding 61,64 

Blackburn, Emily J 21 

Blackburn. John R 22 

Boals, Manuel H 22 

BoAEDS. State: 

Equalization 66 

Fish Commissioners 70 

Health 70 

Public Charities 67 

Labor Statistics '69 

Live Stock Commissioners 41,42,69 

Brown, D.G 54 

Bowler, Michael 54 

Bowran, F. H 53 

Boyd. John 53 

Bucchholtz, August 55 

Burlington Manufacturing Company. 23 

Burns, John 55 

Canal, running expenses 23 

Chaeitable Institutions: 

Blind 24,25 

Deaf and Dumb 28 

Eye and Ear Infirmary 28 

Feeble-Minded Children 29 

Hospitals for the Insane: 

Central 31 

Eastern 30, 31 

Northern 32 

Southern 33 

Soldiers' and Sailors' Home 34 

Soldiers' Orphans' Home 35 

Clancy, John J 54 

Clark. Mrs. M. G 53 

Conveying convicts to Penitentiary. . 65 
Conveying offenders to Reform 

School 66 

Copying and distributing laws 65 

Cudell and Lehmann 59 

Dairymen's Association .36 

Davidson and Sons 59 

Electric light pla,nt in State House. . . 71 

Entomologist, State 71 

Fitzgerald, Edward 54 

Fitzgerald, Timothy 55 

Fish Commissioners 70 

Flynn, Annie F 55 

Foley, Dennis 55 

Fugitives from j ustiee 65 

General Assembly .■ 37, 38, 71 

Governor, clerk hire, contingent, 

mansion, etc 63 

Heating state House 64 

Horticultural Society 38 

Interest on school fund 66 

Keifer, C. A 53 

Keller, George 56 

Keller, Michael 55 

Kennedy, P 55 



332 



INDEX. 



PAGE. 

APPROPRIATIONS— CoM^mMcd 

Liiboi-atory of Natural History 71 

Lawrence, Archibald 55 

LeMay.J. c 38 

Library, State t)4 

Lieutenant Governor 71 

Lighting State House 64 

Lincoln Homestead 39 

Lincoln Monument 41 

Live Stock Commissioners 41,42,69 

Logan Monument 43, 44 

Lyle, John A 46 

McGee. Peter 46 

Memorial services (Davis and Logan) 36 

Mooney. Michael, trial costs 46 

Moore, D. B 53 

Museum of Natui-al History 68 

National Guard 47, 48 

Niles, Charles 55 

Normal Universities 73, 75 

O'Neal, J. S 53 

Owners of slaughtered animals 53,54 

Paper and stationery 60, 64 

Penitentiaeies : 

Joliet 48,49,50,69 

Southern 51, 69 

Philipson Decorative Company 59 

Purdie, Mrs. R. A 52 

Prehler, George and John H 54 

Printing 61,64 

Quigley, James 55 

Railroad and Warehouse Commis- 
sioners 69 

Reform School 56, 57 

Refunding taxes 66 

Rewards for arrest of fugitive s 65 

Riley, Edward 55 

Ryan, Morris ,55 

Ryan, Simon 55 

Schnegg. Tobias 55 

School exhibit at Chicago 57 

School fund 66 

Secretary of State, clerk hire, offlee 

expenses, etc 63, 64 

Shay, Daniel 55 

State debt 57 

State Government : 

Binding 61, 64 

Heating State House 61, 64 

Ordinary and contingent expenses. 62 

Paper and stationery 60, 64 

Printing 61,64 

State House contractors, loss by Are. 59 

State House repairs 58 

State suits 65 

Stewart, Samuel 72 

Superintendent of Public Instruc- 

„tion 66,73 

bur>reme court expenses 67 

Supreme court reports 65 

Treasurer, State 66 

Tripp. D.H.&S.S '. .53 

Tucker, John B 74 

University of Illinois 76 

Vaults in Auditor's office 65 

Vaults in Secretary of State's office . 64 

Warren. George 59 

Whitson, W. F. and Son 53 

ATTORNEY GENERAL: 

Appropriation 66 

AUDITOR : 

Appropriation 65 

BAIL: 

In vacation 166 

BAILEY, 0. J. : 

Appropriation 53 



PAGE- 
BANKS AND BANKING: 

State system, to establish 89 

Savings institutions 77 

BETS, WAGERS AND POOLS: 

Book-making and pool-selling pro- 
hi bited 95 

BINDING: 

Appropriations 61, 64 

BLACKBURN, EMILY J. : 

Appropriations 21 

BLACKBURN, JOHN R.: 

Appropriation 22 

BLIND : 

Industrial Home for, Incp 25 

BOALS, MANUAL H. : 

Appropriations 22 

BOARDS, STATE: 
Appeopeiations— 

Charities 67 

Equalization 66 

Fish commissioners 70 

Health 70 

Labor statistics 69 

Live stock commissioners 69 

BONDS, OFFICIAL: 

Approval in counties under township 
organization 156 

BOOK-M.\KING: 

Bets and wagers prohibited 95 

BOWLER, IVUCHAEL: 

Appropriation 54 

BOWRAN, F. H.: 

Appropriations 53 

BOYD, JOHN: 

Appropriation 53 

BRIBERY : 

At elections 173 

BROWN, D. G.: 

Appropriations 54 

BUCCHHOLTZ, AUGUST: 

Appropriations 55 

BUCKET SHOPS: 

Gambling in grain prohibited 96 

BURLINGTON MANUFACTURING CO. : 
Appropriations 23 

BURNS, JOHN: 

Appropriations 55 

CANAL : 

Appi'opi-iation 23 

CEMETERIES : 

Counties, care and m,anagement 97 

CENSUS : 

Township, by town auditors 299 



inde::. 



333 



PAGE. 

CHAEITABLE INSTITUTIONS, STATE : 
Appeopeiations : 

Blind 24,25 

Deaf and Dumb 28 

Eye and Ear InfirmaiT 28 

Hospitals for the Insane: 

Central 31 

Eastern 30,31 

Northern 32 

Southern 33 

Soldiers' and Sailors' Home 34 

Soldiers' Orphans' Home 35 

Hospitals foe the Insane: 

Central, trustees authorized to sell 

real estate 99 

Superintendents to report to county 

clerks 100 

Industrial Home for the blind, incp.. 25 

Eeports of trustees, biennial 100 

Soldiers' Home, admission of appli- 
cants 101 

CHILDEEN: 

Abandonment 102 

CITIES, TOWNS AND VILLAGES: 

Aldermen, number elested 102 

Chicago drainage district 126 

Firemen's pension fund 117 

Incorporation under general law 103 

Itinerant merchants, license 117 

Library tax rate 218 

Lockport, charter amended 128 

Local improvements 107 

Police districts 104 

Police pension fund 122 

President of boards of trustees, elec- 
tion 116 

Schools, conveying real estate 127 

Special assessments, paid in install- 
ments 104 

Street railways, use of streets 108 

Trenton, act incorporating repealed. 128 
"Wards, organizing 116 

CLARK, MRS. M.G-.: 

Appropriation 53 

CLANCY, JOHN J.: 

Appropriation 54 

. CLERKS OF COURTS : 

Act of 1874. section 16 amended 128 

Cook county, salaries 185 

Probate, fees 183 

COMMISSIONERS : 

Cook county, duties 150 

Cook county, election 149 

Election, may act for other cities and 
towns 171 

CONSERVATORS: 

Lunatics, appointment 224 

CONTAGION: 

Appropriations on account of. . .8, 13, 16, 69 

CONVICTS : 

Appropriations for conveying to pen- 
itentiary 65 

COPYING AND DISTRIBUTING LAWS : 
Appropriations 65 



PAGE. 

CORONERS: 

Cook county, salary 185 

CORPORATIONS : 

Banks 89 

Building, Loan and Homestead As- 
sociation, act amended 131 

Changing names, etc., act amended.. 132 
Co-operative associations tor profit. . 134 
Horse thief detective associations, 

incorporated 140 

Industrial Home for the Blind, in- 
corporated 25 

Life insurance companies 202 

Live stock mutual insui-ance com- 
panies 197 

Receivers, ser\-ice of process 142 

Re-incorporation ot companies 142 

Savings institutions 77 

Surety companies 143 

Trust companies 144 

COUNTIES : 

Cook— 

Commissioners, election and term 

of office 149 

Commissioners, duties 150 

Government of affairs 150 

Salaries of county officers and 

clerks of courts 185 

Fees and costs in venue cases 307 

Jury commissioners 214 

Lake, jurisdiction to certain lands 

ceded to United States 304 

Official bonds, approval 156 

COUNTY CLERKS: 

Cook county, salary 185 

COURTS : 
Appellate— 

Appropriation for expenses 67 

Jurisdiction, act 1877 amended 156 

ClBCUIT— 

Cook county, increase of judges... 157 

Cook county, salary of clerk 185 

Short-hand reporters 159 

Teems— 

5th circuit changed 160 

6th circuit changed 161 

Trials upon agreement of parties 158 

County— 

Act fixing probate terms amended. 162 

Teems Changed— 

Alexander 162 

Bureau 162 

Cra^vford 163 

Hardin 162 

Piatt 163 

Sangamon 164 

Scott 164 

. Vermilion 162 

Wabash 165 

Will 165 

Woodford 166 

Celminal- 

Cook county, salary of clerk 185 

Peobate— 

Clerk's fees 183 

Cook county, salary of clerk 185 

Terms fixed 162 



33i 



inde::. 



PAGB. 

COVllTS— Continued. 

SUPEKIOE— 

Cook county, salary of clerk 185 

Supreme— 

Appropriations for expenses 67 

Eeports, purchase of 65 

CRIMINAL CODE: 

Bail in vacation 166 

C'onspiracy 167, 168 

Prostitution of females 170 

Rape, sec. 237 amended 171 

CUDELL AND LEHMANN : 

Appropriation 59 

DAIRYMEN'S ASSOCIATION: 

Appropriation 36 

DAMAGES : 

Property destroyed by mobs 237 

DAVIDSON & SONS: 

Appropriation 59 

DAVIS. DAVID: 

Memorial services, appropriation ... 36 

DEBT: 

Impi'isonment for 194, 213 

DRAINAGE: 

Chicago district 126 

ELECTIONS : 

Act 1885, sec. 2, art. 8, amended 171 

Bribery, penalties 173 

Commissioners may act for other cities 

and towns 171 

Cook County Commissioners 149 

Jury Commissioners, for the ap- 
pointment 214 

Soldiers' Homes, inmates of 172 

Town and school officers under act 
1885 176 

ELECTRIC LIGHT PLANT: 

State House, appropriation 71 

ENTOMOLOGIST, STATE: 

Appropriation 71 

EVIDENCE AND DEPOSITIONS : 

Breaking seal by clerks 178 

Entries of land, patents 176 

EXEMPTIONS : 

Homesteads 178 

Personal property 179 

EXPLOSIVES: 

Manufacture, transportation and 
sale, regulation 180 

FEMALES : 

Prostitution of, penalties for 170 

FENCES : 

Legal, barb wire 188 

FEES AND SALARIES: 

Appeals, copies of papers 182 

Clerks of probate courts 183 

Cook county, salaries of officers and 

clerks of courts 185 

Fees in change of venue trials 307 

Recorders, fees for abstracts of title. 256 
Witnesses 187 



PAGE. 

FIREMEN : 

Pensions 117 

FISH AND GAME: 

Fish, protection of, act amended 189 

Game, protection of 192 

FITZGERALD, EDWARD : 

Appropriation 54 

FITZPATRICK, TIMOTHY: 

Appropi'iation 55 

FLYNN, ANNIE F.: 

Appropriation 55 

FOLEY. DENNIS : 

Appropriation 55 

FUGITIVES : 

Appropriation for apprehension 65 

GAMBLING: 

Bucket shop, etc. , prohibited 96 

GENERAL ASSEMBLY: 

Appropriation 37, 38, 71 

GOVERNOR : 

Appropriation 63 

Contagious diseases, quarantine 

regulations 8, 13 

Mobs and riots, quelling 239 

GRAIN : 

Railroads transporting in bulk 253 

GRAIN, PRODUCE, ETC.: 

Gambling in, prohibited 96 

GUARDIANS AND WARDS : 

Investment of ward's money 193 

HEATING STATE HOUSE: 

Appropriation 61-64 

HORSE THIEVES : 

Corporation for apprehension 140 

HORTICULTURAL SOCIETY: 

Appropriation 38 

IMPRISONMENT: 

For debt 194,213 

INSOLVENT DEBTORS: 

Imprisonment for debt 194 

INSURANCE, FIRE: 

County companies, act amended 195 

Township companies, act amended.. 201 

INSURANCE, LIFE: 

Assessment societies, incorporated.. 204 

Assessment societies, foreign 211 

Incorporating State companies 202 

INSURANCE, LIVE STOCK: 

Farmers' county mutual companies.. 197 

INTOXICATING LIQUORS : 

Sale of, outside of muiaicipalities 194 

JUDGES : 

Appointment of jury commissioners. 214 
Circuit, Cook county increase 157 



INDEX. 



£35 



PAGE. 

JUDGMENTS AND EXECUTIONS: 

Imprisonment for debt 213 

Personal property, care of live stock. 213 
Wages, preferred claims 308 

JURIES : 

Commissioners, appointment 214 

Verdicts 251 

JURY COMMISSIONERS : 

Appointment 214 

JUSTICES AND CONSTABLES : 

Appeals from police magistrates 217 

KEEPER, C. A. : 

Appropriation 53 

KELLER, GEO. : 

Appropriation 56 

KELLER, MICHAEL: 

Appropriation 55 

KENNEDY, P.: 

Appropriation 55 

LABORATORY OF NATURAL HISTORY: 
Appropriation 71 

LAWRENCE. ARCHIBALD : 

Appr opriation 55 

LEMAY. J. C: 

Appropriation 38 

LIBRARY, STATE: 

Appropriation 64 

LIBRARIES, PUBLIC: 

Tax rate in cities ., 218 

LIENS : 

Get of sires 17 

Mechanics, statement of account 219 

Mechanics, sub-contractors 220 

LIEUTENANT GOVERNOR: 

Appropriation 71 

LIGHTING STATE HOUSE: 

Appropriation : 64 

LINCOLN HOMESTEAD : 

Trustees for the State, appropriation. 39 

LINCOLN MONUMENT : 

Appropriation, for re p air s 41 

LIVE STOCK: 

Insurance, Farmers Mutual Com- 
panies 197 

LIVE STOCK COMMISSIONERS: 

Appointment and duties 8-13 

Appropriation 41, 42 

LOAN AND HOMESTEAD ASSOCIATIONS 
Act 1879 amended 131 

LOCKS AND DAMS : 

Illinois River, ceding to U. S 222 

LOGAN, JOHN A. : 

Memorial services, appropriation 36 



PAGE. 

LOGAN MONUMENT: 

Appropriation 43, 44 

LUNATICS : 

Conservators, appointmentr act 
amended 223 

LYLE, JOHN A. 

Appropriation 45 

MARRIAGES : 

Cousins, first degree, prohibited 225 

McGEE. PETER : 

Appropriation 46 

MEDICINE AND SURGERY: 

Practice regulated 225 

MEMORIAL HALL: 

Appropriation 47 

MERCHANTS : 

Itinerant, licensing and regulated 117 

MILITARY CODE: 

Pay of enlisted men on duty and 
while in camp , 229 

MILLS AND DAMS : 

Little Wabash river at New Haven, 
removed 230 

MINES AND MINERS : 

Health and safety of miners, .ict 

amended 231 

Weighing coal at mines 235 

MINORS : 

Sale of tobacco to, prohibited 298 

MOBS AND RIOTS: 

Damages tor property destroyed 237 

Military force in quelling 239 

Preservation of the peace 239 

MOONEY, MICHAEL: 

Appropriation, costs in trial of 46 

MOORE, D.B.: 

Appropriation 53 

MORTGAGES : 

Chattel, extension 241 

MUSEUM OF NATURAL HISTORY: 

Appropriation 68 

NATIONAL GUARD : 

Appropriation 47, 48 

Mobs and riots, used in auelling 239 

NILES, CHARLES: 

Appropriation 55 

OILS: 

Inspectors, appointment 242 

O'NEAL, J. S.: 

Appropriation 53 

PAPER AND STATIONERY : 

Appropriation 60, 64 



336 



INDEX. 



PAGE. 

PAEKS: 

Bonds, issue of 243,246 

Indebtedness, issue bonds, to cancel. 243 
Lands, commissioners may sell un- 
used 245 

. Logan monument, location 44 

Protection against water 246 

Streets leading to, care of 247 

Streets leading to, uniform width 248 

Superintendents, appointment 249 

PEDIGREES : 

Fraudulent certificates of registration 18 

PENSIONS : 

Eiremen 117 

Policemen 122 

PENITENTIARIES : 
Appeopeiatigns : 

Joliet 48,49,50,69 

Southern 51, 69 

PHARMACY: 

Practice of registered pharmacists . . 250 

PHILLIP SON DECORATION CO.: 

Appropriation 59 

POLICEMEN : 

Pensions 122 

POLICE DISTRICTS : 

Act creating 104 

POLICE MAGISTRATES : 

Appeals from 217 

POOL-SELLING: 

Eets and wages prohibited 95 

PRACTICE : 

Appeals from interlocutory decrees. . 250 

Juries, special verdict 251 

"Wages, preferred claims 308 

PREHLER, GEORGE: 

Appropriation 54 

PREHLER, JOHN H.: 

Appropriation 54 

PRINTING : 

Appropriation 61, 64 

PROPERTY: 

Destroyed by mobs, damages 237 

Personal exemptions 179 

PURDIE, Mes. E. a. : 

Appropriation 52 

QUARANTINE : 

Diseased animals 8, 13, 16 

QUIGLEY, JAMES: 

Appropriation 55 

RAILROADS : 

Accidents, Railroad and Warehouse 
Commissioners investigate cause.. 254 

Crossings, automatic signals 252 

Grain in bulk, weighing 253 



PAGE. 

R. R. AND W. COMMISSIONERS: 
Accidents on railroads, investigate 

cause 254 

Appropriations 69 

Signals at railroad crossings 252 

RAPE: 

Act amending criminal code 171 

RECEIVERS : 

Corporations, service of process 142 

RECORDERS : 

Abstract books kept 256 

Cook county, salary 185 

Fees for abstracts of title 256 

Records and files open to inspection. 258 

RECORDS: 

Destroyed by fire, restoration 258 

REFORM SCHOOL: 

Appropriation 56, 57 

Appropriation for conveying offend- 
ers to 66 

Report of trustees, when made 100 

REVENUE: 

General levy for State purposes 262 

REWARDS: 

Appropriation for arrest of fugitives. 65 

REPORTS: 

Trustees of charitable institutions. .. 100 
Trustees of reform school 100 

RILEY, EDWARD : 

Appropriation 55 

RIVERS: 

Illinois, ceding locks and dams to 

United States 222 

Little Wabash, removal of dam at 

New Haven 230 

ROADS AND BRIDGES: 

Counties undee Township Oegani- 

ZATION— 

Bridges, county aid : 263 

Public highways, defined 263 

Counties not undee Township Oe- 
ganization— 
Act concerning 265 

RYAt^, MORRIS: 

Appropriation ; 55 

RYAN, SIMON: 

Appropriation ■. 55 

SALARIES: 

Cook county officers and clerks of 

courts 183 

State olifieers, appropriation 38 

SAVINGS INSTITUTIONS: 

Organization 77 

SCHNEGG, TOBIAS : 

Appropriation 55 



INDEX. 



337 



PACiE . 

SCHOOLS: 

Appropriation, exliiliit of work at 

Cliicago 5' 

Boards of education and directors, 

- election and organization 2i»0 

Cities, towns and villages may con- 
vey real estate - 127 

County superintendents bills, audit- 
ing 289 

Districts, organization 291 

Election of officers under act 1S85 — 175 
Pri^sidents of boards of education, 

election --■ 29(1 

Streets and highways, trustees may 

lay out 297 

Teachers institutes, attendance of 
teachers - 297 

SCHOOL FUND: 

Appropriations 60 

SECRETAHY OF STATE : 

Appropriations 63, 64 

SHAY, DANIEL: 

Appropriation 55 

SHERIFFS: 

Cook county, salary 185 

Mobs ajid riots, quelling 2::!9 

SHORTHAND REPORTERS : 

Circuit Courts, appointment 159 

SIRES OF ANIMALS : 

Liens on get of .- 17 

SOLDIERS' HOMES : 

Elections, inmates 172 

SOLDIERS' AND SAILORS' HOME: 

Admission of applicants 101 

STATE DEBT : 

Appropriation to pay internal iui- 
provenient stock.- 5S 

STATE CONTRACTS : 

Commissioners, printing for Board 
of Agriculture 17 

STATE HOUSE: 

Appropriation for I'epairs 58 

STATE HOUSE CONTRACTORS : 

Appropriation, loss by fire 59 

STATE OFFICERS : 

Appropriation for sal aries _ . . 38 

STATE SUITS : 

Api)ropriation (i5 

STEWA.RT, SAMUEL: 

Appropriation 72 

SUPT, OF PUBLIC INSTRUCTION : 

Appropriations 66 

SURETY COMPANIES : 

Act concerning 143 

SWAMP LANDS : 

Entries, copies of evidence of title . . 176 
TAXES: 

Refunding appropriation for 66 

—22 



PACiE. 

TELEGRAPHS AND TELEPHONES: 
Wires, poles and cables, act concern- 
ing 298, 

TOBACCO: 

Sale to minors prohibited 298 

TOWNS: 

Election of officers, under act 1885 175 

TOWNSHIP ORGANIZATION: 

Census may be taken by town offi- 
cers 299 

Rejtresentation in county boards 299 

Towns, uniting and dividing. .■ 30(i 

TREASURERS, COUNTY: 

Cook county, salary ■ 185 

TREASURER, ST /VTE: 

Appropriation 66 

TREE PLANTING: 

Arbor day 304 

TRIPPED. H. AND S. S.: 

Appropriation 53 

TRUST COMPANIES : 

Act concerning 144 

TUCKER, JOHN B.: 

Appropi'iation 74 

UNITED STATES: 

Ceding jurisdiction to certain lands.. 304 

UNIVERSITIES: 

Appropriation 76 

Illiisois: 

Election of trustees .".... 306 

Normal, appropriations. 73, 75 

VAULTS. 

Appropriation, furnishing Auditor's 

office 65 

Appropriation, furnishing Secretary 

of State's office 64 

VEAL : 

Sale of, regulated- 307 

VENUE : 

Change of, costs in foreign counties. 307 

VERDICTS : 

Jury, special 251 

VETERINARY SURGEONS : 

Appointment and duties 8, 13 

W-\GES ; 

(-'lainis for protection i:)f 308 

WARREN, GEO.: 

Appropriation 59 

WEIGHTS AND MEASURES: 

Standard 309 

WHITSON, W.F. AND SON: 

Appropriation 53 

WITNESSES : 

Fees and mileage 187 



INDEX TO JOINT RESOLUTIONS 



PAGE. 

Adjournments 311, 312 

. Agricaltural Experiment Station 312 

American Forestry Congress 312 

Animals, contagion 313 

Bailey, Geo. S., attempted assassination 314 

Chicago sewerage system 314 

Claims committee 315 

CuUom, S.M 315 

Davis, David, death of 316 

Election returns, canvass 316 

Exposition, Ohio Valley and Central 

States ,317 

England, coercion of Ireland 317 

Littler, David T 318 

Logan monument, site for 318 

Northwestern Territory 319 



PAGE.. 

Ohio and Mississippi Railway Company. 322 
OIney, loan of tents 324 

Penitentiaeies : 

Female convicts 320 

United States prisoners 32ti 

Pension bill, passage in Congress 320 

Pleuro-pneumonia in Cook county . . .321,322 
Printing memorial addresses, Davis and 

Logan 322 

Rogers, John G., death of 324 

School law. revision 324 

St. Louis Bridge Company 325 

Soldiers' homes 326, 327 

Supreme Court I'eports to certain coun- 
ties 323 

Swamp land claims .328 



o 



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