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Full text of "Laws of the State of Illinois"

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CARL!: Consortium of Academic and Researcli Libraries in Illinois 



http://www.archive.org/details/lawsofstateofill1889illi 



LAWS 




PASSED BY THE 



THIRTY-SIXTH GENERAL ASSEMBLY. 



AT THE EEGULAK BIENNIAL SESSION WHICH 

Convened at the Capitol, in Springfeld, on the 9th day of 

January, A. D., 1889, and adjourned sine die on the 

28th day of May, A. D., 1889. 



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



SPKINGFIELD, ILL.: 
H. W. RoKKEE, Peintee and Bindee. 

1889. 



TABLE OF CONTENTS, 



List of acts passed and joint resolutions adopted by the 
Thirty-sixth General Assembly of the State of Illinois. 

ADMINISTEATION OF ESTATES: 

Classification of Claiins—An act to amend section 70 of an act in regard to the 
administration of estates 1 

ALIENS: 

Employment in the. Pnhlic Service— An act to protect the labor of native and 
naturalized citizens, and of those who have in good faith declared their intentions to 
become naturalized American citizens 2 

ANIMALS: 

Sheep, Damages by Dogs— An act to amend section five (5) of an act to indemnify 
the owners of sheep in cases of damage committed by dogs 4 

Transportation of Cattle suffering n'itJi "Texas" Fever— An act to deiine the 
duties of railroad, steamboat, transportation aiid stock yard companies under proclam- 
ations by the Governor, scheduling territory on account of splenic or Texas fever 
among cattle 5 

To Protect Stock Breeders— An a?t to amend sections three (3) and six (6) of an 
act to protect stock breeders within the state of Illinois 7 

APPEOPEIATIONS: 

Appellate Court Boom, First District— An act making an appropriation ior 
furnishing, carpeting, decorating and supplying the rooms of the appellate court of 
the first district of Illinois 8 

Asvlum for Insane Criminals— An act to provide for the location, erection, 
organization and management of an Asylum for Insane Criminals, and making an 
appropriation for the construction of necessary buildings 9 

State Board of AgriciiltHre-An act making appropriations for the State Board 
of Agriculture and county and other aoiricultural lairs 12 

Institution for the Blind— An act making appropriations for the IlUnois Ins^titution 
for the Education of tll\3 Blind : 14 

Central Ilospitnl for the Insane— An act making appropriations to the Illinois 
Central Hospital for the Insane, for stable, fqr storehouse, for steam engine, and for 
street paving 15 

State Charitable Institutions, ordinary expenses— An act making appropriations 
for the ordinary expenses of the state institutions herein named 15 

Dairymen' s Association— An act making an appropriation in aid of the Illinois 
Dairymen's Association 17 

Institution for the Z>ea/ and I>»r;7^— An act making appropriations to the Illinois 
Institution for the Education of the Deaf and D umb 18 

Eye and Ear Infirmary— An act making appropriations for the Illinois Charitable 
Eye and Ear Infirmary at Chicago 19 

Eastern Hospital for the Insane— An act making appropria'ions for the Illinois 
Eastern Hospital for the Insane, at Kankakee 19 

Executive Mansion, repairing and furnishing— An act making an appropriation 
for repai ing the executive mansion and for furnishing the same 20 



IV CONTENTS. 

PAGE. 

Feeble Minded Children Asylum— An act making appropriations for the Illinois 
Asylum for Feeble Minded Children, at Lincoln 21 

Incidental Expenses of the General Assembly—An act to provide for the inci- 
dental expen es of the Thirty-sixth General Assembly, and for the care and custody 
of the State House and grounds, incurred or to be incurred, and now unprovided 
for 22 

Pay of Enfiiiloyes of the General Assembly— An act making appropriation for the 
payment of the employes of the Thirty-sixth General Assembly 22 

General Assembly and Sala^-ies State Officers— An act making an appro iriation 
for the payment of the oiTicers and memVjers of the next General Assembly, and for 
the salaries of the officers of the State Government 23 

Gettysburg Monument—An ac- to appropriate six thousand dollars to erect a 
mark on the Gettysburg battlefield where the Illinois troops opened the engage- 
ment of said battle 23 

T. A. 77o#?)ian— An acta ipropriatingthesum of one hundred and sixty-six dollars 
to T. A. Hoitman to reimburse him for State tax paid on twenty-three lots in the 
addition of the school commissioners of Morgan county to the town of Beards- 
town, before the same were subject to taxation by law 24 

Horticultural Society— An act making an appropriation in aid of the Illinois 
Horticultiu-al Society 25 

Hospitals for the Insane— An act making additional provisions for the insane 
and appropriating moneys therefor; also (iroviding for the assignment to the sev- 
eral counties of quotas in the Stale hospitals fo. the insane, and for the collection of 
moneys due to said hospitals from said counties; also repealing an act of 1881 26 

William A. Howett— An act to authorize the Auditor of State to pay to William 
A. Howett the sum of one hundred and forty-three dollars, as compensation ;or his 
services as State's Attorney pro tern. 28 

, Custodian Lincoln Homestead— An act making an appropriation for the salary 
of the custodian of the Lincoln Homestead, and for repairs on the same for two 
years, from July 1, 1889 29 

Logan Monument— An aet to amend section three (3) of an act entitled "An act to 
appropriate fifty thousand dollars ($50,000) to erect a monument to John A. Logan, 
and for the appointment of commissioners therefor." 29 

Northern Hospital for the Insane — A act making appropriations for the II inois 
Northern Hospital for the Insane, at Elgin 30 

Laboratory of Natural History and State Entomologist— An act making an ap- 
propriation for the ordinary expenses of the State Laboratory of Natural History, 
for the improvement of the library thereof, and for the expenses of the Sta e Ento- 
mologist's office 31 

Mary Isabella Myers and Harriet A. C. Talbot.— An act to re-appropriate six 
hundred and forty dollars to Mary Isabella Myers and Harriett A. C. Talbott, heirs- 
at-law, of Walter Cowan, deceased ?? 

National Guard— An act to provide for the ordinary and contingent expenses of 
the Illinois National Guard 33 

Repairs and Improvements, Penitentiary at Joliet — An act making appropriation 
for repairs and improvement in the Illinois State Penitentiary at JoUet 34 

Employme 't of Convicts, Penitentiary at Joliet— An act fo provide for the ex- 
penses of the Illinois State Penitentiary at Joliet, and to keep the prisoners therein 
employed 34 

Southern Penitentiary, Ordinary Expenses and Bepairs.— An act making an ap- 
propriation for the ordinary expenses of the Southern IlUnois Penitentiary 35 

Portraits of Governor Richard J. Oglesby.— An act entitled "An act to appro- 
priate money for the painting of a portrait of Richard J. Oglesby." 36 

John P. Rice— An act to reimburse the owner of cows that were quarantined by 
the State Board of Live Stock Commissioners in September, 1886. for the cost there 
by incurred 37 

Soldiers' Orphans' Home— An act making an appropriation to the Soldiers' Or- 
phans' Home and authorizing it to convey certain real estate 38 

Soldiers' and, Sailors' Home— An act making appropriations for the Illinois 
Soldiers' and Sailors' Home 39 

State Government, Ordinary and Contingent Expense— An act to provide for the 
ordinary and contingent expenses of the State Government until the expiration of the 
first fiscal quarter after the adjotu-nment of the next regular session of the General 
Assembly 39, 40 

State Debt— An act to make an appropriation to pay the amount due upon four 
bonds, numbered 2547, 2548, 2549 and 2550, of a class known as "New internal improve- 
ment stock interest bonds, payable after 1877" 49 

State Government, Public Printing— An act to provide for the necessary expenses 
of the State Government, incurred or to be incurred, for the pubUc printing, and 
now unprovided for. until the first day of July, 1889 50 



CONTENTS. y 

PAGE. 

State House and Grounds, Improvement— \.^ act making an appropriation for re- 
pairs and improTements upon the state house and grounds 50 

Southern Hospital for the Insane— An act making appropriations for the Illinois 
Southern Hospital for the Insane at Anna 52 

Superintendent of Puhlic Instruction— An act for the payment to the State Super- 
intendent of Public Instruction for expenses incurred in the revision of the school 
law 52 

Mary J. Teefey— An act to make an appropriation for the relief of Mrs. Mary J. 
Teefey, whose husband. Honorable .John J. Teefey, was a member of the Thirty-sixth 
General Assembly of the State of Illinois, and died while in the discharge of his 
duties as a member thereof 53 

University of Illinois— An act making appropriations for the University of Illi- 
nois 54 

Southern Normal University— An act making an appropriation for the ordinary 
expenses of the Southern Ilhnois Normal University, at Carbondale, in Jackson county. 55 

State Normal University, ordinary expenses— An ac* to make an appropriation 
for the ordinary and other expenses of the Illinois State Normal University a Normal. 50 

State Normal University, repairs and improvements— An act making appropria- 
tions for the Illinois Normal University at Normal 57 

BANKS AND BANKING: 

Directors— An act in relation to the election and quaUfleation of directors in banks 
organized under the laws of the state of IlUnois 58 

State Banking System— An act to amend sections one (1), six (6) and eleven (11), of 
an act entitled "An act concerning corporations with banking powers," approved June 
16,1887 58 



BASTAEDY : 

Bond for Security An act to amend section nine of an act entitled "An act eon- 

eerning bastardy," approved April 3, 1872, and in force July 1, 1872 CO 

Release from Liability— An act to amend an ac*^ entitled "An act concerning bas- 
tardy." approved April 3, 1872, in force July 1. 1872, by adding thereto a section, to be 
numbered eighteen 61 

BEIDGES : 

Across Navigable Bivers— An act to amend an act entitled "An act giving the 
assent of the state of Illnois to the constru tion of bridges across n-ivigable rivers 
in the State, and upon the boundaries thereof," approved April 4, 1872 02 

Across Streams Forming State Boundary— An act exempting from taxation 
bridges across any stream forming the boundary line between this and an adjoining 
State, when such bridge is a free public highway 63 

CEMETEKIES: 

Protection and Management — An act to amend an act enti'led "An act to protect 
cemeteries, and to provide for their regulation and management," approved June 29, 1885, 
in force Ju'y 1, 1885, by amending section four (4), and adding thereto thre • sections, 
to be known as sections five (5), six (6) and seven (7) 63 

CHAEITABLE INSTITUTIONS: 

Northern Hospital for the Insane— An act to enable the trustees of the Illinois 
Northern Hospital for the Insane, at Elgin, to sell and convey a certain strip of land 
not available for Hospital purposes 65 

CITIES. TOWNS A^D VILLAGES: 

Annexation— An act to provide for the annexation of cities, incorporporated 
town and villages, or parts of same, to cities, incorporated towns and villages 67 

Aldermen— An act to amend section two of Article III of an act entitled "An act 
to provide for the incorporation of cities and villages," approved April 10. 1872, in 
force July 1, 1872; as amended by an act passed May 20, 1887, m force July 1, 1887 78 



VI CONTENTS. 

PAGE. 

Firemen's Pension Funds— An act to amend sections three (3), seven (7), eight (8) 
and ten (10) of an act entitled "An act to create aboard 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 firem-n; to authorize the 
retirement from service and pen-ioning of members of the lire department, and for 
other purposes connected therewith, in cities, villages or incorporated towns where 
population exceeds fifty ttiou-and inhabitants having a paid fire department," ap- 
proved May 13, §887, in force July 1, 1887 80 

Pleasure Driveway s— An act to provide for pleasure driveways in incorporated 
cities, villages and towns 83 

Presidents of Boards of Trustees— An act to amend section nine of article eleven, 
of "An act to provide for the incorporation of cities and villages," approved April 10, 
1872, in force July 1, 1872 84 

Sale of Peal and Personal Estate— An act to authorize f ities and villages to con- 
vey any real or personal estate, or their right and title therein, when the same shall 
be no longer necessary for, or profitable to, or its longer retention be for the best 
interest of such city or village 85 

Seiverage Fund Tax— An act to amend section one (1) of an act entitled "An act in 
relation to the levy and collection of taxes for sewerage and water works in cities 
of this State that may have established a system of sewerage and water work for 
such city, and to repeal an act therein named, and to authorize the cities, villages 
and incorporated towns of this Stat'! to levy and collect taxes to pay tor water and 
and light," approved Jun 21, 1883, in force July 1, 1883 86 

Special AssessmeMts— An act to amend section nineteen, article nine, chapter 
twentv-1'our, of an act entitled, "An act to provide for the incorporation of cities and 
villages," approved April 10, 1872, in force July 1, 1872 87 

Stationary Engineers— An act to insure the better protection of life and property 
from steam boiler explosions 88 

CLAIMS COMMISSION. 

Commission Created— An act, to amend sections one, two and six of an act entitled 
"An act to create a commission of claims and to prescribe its powers and duties," 
approved May 29, 1877, in fotce July 1, 1877, and to repeal the act of May 30, 1881, 
amendatory thereof 89 

CORPORATIONS: 

Associations not for Profit, Potoers-An act to amend section thirty-two of an act 
entitled "An act coucerning corporations," approved April 18, 1872, and in force July 
1, 1872 ■ 01 

Private Charters— An act to amend an act entitled "An act concerning corpora- 
tions," approved April 18, 1872, in force July 1, 1872 93 

PeUgious Societies— An act to amend section forty-two (42) of an act entitled "An 
act conce; ning corporations," approved Api il 18, 1872, in force Ju y 1, 1872 94 

Changing Jfames, Places of Business, etc.— An act to amend section one (1) , three 
(3), four (4) and seven (7) of an act entitled "An act to provide f t changing the names, 
for changing the places of business, for increasing or decreasing the capital stock for 
increasing or decreasing the number of directors, and for the consolidation of incor- 
porated companies," approved and in force March 26, 1873, [2] as amended 18.57, by 
providing for enlarging or changing the objects for which such companies were 
formed ; also to amend the title thereof 95 

Building, Loan and Homestead Associations.— An act to enable building and 
loan associations to release mortgages and trust deeds 98 

Service of Process on Peceivers— An not to amend an act entitled "An act in 
regai-d to the sei-ving of process on receivers of corporations," approved June 3, 
1887, in fo:ce July 1, 1887 98 

Trust Companies— An act to amend sections 1, 2, 6 and 16 of an act entitled "An 
act to provide for and regulate the administration of trusts by trust companies," ap- 
proved June 15, 1887, in force July 1, 1887 99 

COURTS, APPELLATE: 

Temporary Assignment of Judges— An act to amend "An act to establish appel- 
late courts," approved June 2, 1877 102 

COURTS, CIRCUIT: 

Terms Fixed. 6th District— An act to amend section seven of an act entitled "An 
act concerning circuit courts," approved May 2t, 1879, as amended 1887 103 



CONTENTS. Vn 



COURTS. CITY: 

How Established— An act to amend section 21 of an act entitled "An act in rela- 
tion to courts of record in cities." approved March 26, 1874, in torce July 1, 1874 104 

COURTS, COUNTY: 

Clark County, Terms Changed— An act to amend section 20 of "An act concern- 
ing county courts," approved March 26, 1874 105 

Livingston County, Terms Changed—An act to amend section 61 of "An act con- 
cerning county courts," approved March 26, 1874 106 

Logan County, Terms Changed— An act to amend section 62 of "An act concern- 
ing county courts," approved March 26, 1874 106 

Stephenson County, Terms Clianged— An aC to amend section ninety-six (96), of 
"An act concerning county courts," approved March 2o, 1874 107 

COURT, SUPREME: 

Terms Changed.— An a,Qt to amend section 1 of an act entitled "An act to fix the 
time of holdidg the supreme courts," approved June 4, 1879, in force July 1, 1879 107 

COUNTIES: 

Meetings of Commissioners.— An act to amend section forty-three of an act entitled 
"An act to revise the law in relation to counties," approved and in force March 31, 
1874 108 

t-upe7~visor , Term of Office.— An act to provide for the election of supervisors 
in counties under township organization, (except in the county of Cook) to fix their 
terms of office, and to classify them in the county boards according to their terms... 109 

CRIMINAL CODE: 

Abduction of CJiildren.— An act to amend an act entitled "An act to revise the law 
in relation to criminal jurispriidence," approved March 27, 1874. in force July 1, 1874, 
by adding a se tion to be numbered one hundred and sixty-six and one-half 110 

Adulterated Lard.— An act entitled "An act to prevent fraud in the sale of lard, 
and to provide punishment for the violation thereof .' Ill 

Pi ostitntion of Females— An act to amend section three (3) of an act entitled "An 
act to prevent the prostitution of females," approved June 17, 1887, in force July 1, 
1887 1 2 

Habitual Criminals.— An act for the identification of habitual criminals 112 

Obscene and Lmmoral Publications. — An act to suppress selling, lending, giving 
away or showing to any minor child any paper or publication principally devoted 
to illustrating or describing immoi al deeds 114 

Proof in Criminal Cases.— An act to regulate proof in criminal cases 115 

Removal of Bearings or Fixtures from Brdlroad Polling Stock.— An act to punish 
the crime of stealing or malicious removal of journal bearings, fixtures or attach- 
ments from locomotives, tenders, ir eight or passenger cars 115 

DRAINAGE: 

Pitchf-s Co7isfruct^d by Mutual Ag eement.— An act declaring legal drains hereto- 
fore or hereafter constructed by mutual license, consent or agreement, by adjacent 
or adjoining owners of land, and to limit the time within which such license or 
agreement heretofore granted may be withdrawn 116 

Pissoliition of Pistricts.— An act to provide for the dissolution of drainage dis- 
tricts 117 

Farm Prain age.— An act to amend section 42 of an act entitled "An act to provide 
for drainage for agricultural and sanitary pun ose^, and to repeal certain acts there- 
in named," approved June 27, 1885, in force July 1, 18?5 118 

An act for an act to amend an act entitled, "An act to provide for drainage for 
agricultural and sanitary purposes, and to repeal certain acts therein named," ap- 
proved June 27, 1885, in force July 1, 1885 119 

Leve s— An act to amend section 38 of an act entitled "An act to revise and amend 
an act and certain sections thereof, entitled, 'An act to provide for The construction, 
reparation and protection of drains, ditches and leves, etc.,' approved and m force 
May 29, 1879, as amended by rertainacts, herein entitled, and to repeal certain laws 
therein named," approved June 30, 1885 -121 



VIII CONTENTS. 

PAGE. 

DEAINAGE, Continued. 

An act to amend section fifty-seven of an act enti'led, "An act to revise and 
mend an act, and certain sections thereof, entitled 'An act to provide for the construc- 
tion, reparation and protection of drains, ditches and levees, etc.,' approved and in 
force May 29, 1879, as amended by certain acts herein entitled, and to repeal certain 
laws therein named," approved June 30, 1885, in force July 1, 1885 123 

An act to enable the commissioners of drainage districts to contract with railroad 
companies to construct or keep in repair any levee or levees now constructed or to 
be hereafter constructed in such districts, and to grant to such railroad companies 
a right of way over, on along or across such levees 124 

DRAINAGE AND SEWERAGE: 

Sanita7'y Districts— An SLct to oreate sanitary districts, and to remove obstructions 
in the Des Plaines and Illinois rivers 12<> 

EDUCATIONAL INSTITUTIONS: 

Colleges and Universities— Kn. act to authorize universities and colleges to control 
and use certain vacated public grounds for the objects for which said in^ti utions 
were incorporated 13S' 

Trustees— Xn act to amend section one of an act entitled "An act to enab'e non- 
residents of this State to hold the office of trustee in colleges, universities and 
other institutions of learning not under the control of officers of this State," approved 
April 2, 1875, in force July 1, 1875, and to provide for the number of trustees in such 
colleges, universities and other institutions of learning, who must be residents of 
this State 139' 

ELECTIONS: 

Primary— An act to regulate primary elections of voluntary political associations, 
and to pumsh frauds therein 140' 

Fall Books and Tally Sheets— An act to amend section sixty-two of "An act in 
regard to elections and to provide for filling vacancies in elective offices," approved 
April 3, 1872, and in force July 1, 1872, as amended 1887 149- 

School Officers in Cities— An act to provide for the compensation of judges and 
clerks of elections at elections at which trustees of schools and school directors are 
elected under the provisions of an act entitled "An act to regulate the holding of 
elections and declaring the result thereof in cities, villages and incorporated towns 
in this State," approved June 19, 1885 ISC' 

EXEMPTIONS: 

Homestead— An act to amend section ten (10) of an act entitled "An act to exempt 
the homestead from for.-ed 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 151 

EXPLOSIVES: 

Manufacture.- An act to amend section four (4) of "An act to regulate the manu- 
facture, transportation, use and sale of explosives, and to punish an improper use 
of the same," approved June 16, 1887. in force July 1, 1887 152' 

FEES AND SALARIES: 

State's Attorney' s Fees.— An act to amend section 8 of an act entitled "An act 
concerning fees and sa'aries. and to classify the several counties of this State with 
reference thereto," in force July 1, 1872, as amended by act in force July 1, 1883 153 

Witnesses Fees in County Courts.— An act to amend section 49 of an act entitled 
"An act concerning fees and salaries, and to cla-sify the s-everal counties in this 
State with reference thei eto," approved March 29, 1872 ISS- 

FENCES: 

Division Hedge Fences— An act to amend section three, chapter fifty-four, "An 
act to revive the law in relation to fences," approved March 22, 1874, in force July 1,1874. 155. 

Hedges Along HigJiways— An act to amend sections two (2) and three (3) of an act 
entitled "An act concerning hedge fences along the public highways in this State," 
approved June 21, 1883, in f jrce July 1, 1883, and to and a section to said act, to be 
known as section four (4) 1-56; 



CONTENTS. IX 



FISH AND GAME: 

Fish.— An act to amend sections one (1) to six (6) inclusive, and section fifteen (15) 
of act entit ed "An act to encourage the propagation and cultivation, and to secure 
th :^ protection of fishes in al the waters of this State," approved May 31, 1887, in force 
July 1, 1887, and to provide for the enforcement of the provisions of this act 158- 

Game.— An act to amend sections one, two and six of an act entitled "An act to 
revise and conso date the several acts relating to the protection of game, and for 
the protection of deer, wild fowl and birds," approved May 14, 1879, and in force 
July 1, 1879 162, 

GUAEDIANS AND WARDS: 

Pulilic County Guardians.— An act to provide for the appointment of a public guar- 
dian in each county in this State 16,S 

Unclaim-'fi Moneys.— An act to provide for the disposal of unclaimed moneys in 
the hands of guardians 166 

HOSPITALS, PUBLIC: 

Non- Sectarian.— An act to enable cities and counties in this state to contribute to- 
wards the support of non-sectarian public hospitals Jocated within their respective 
limits 167 

HOTELS AND EATING-HOUSES: 

Frauds Upon.— An act to define and publish frauds upon hotel, inn, boarding and 
eating-house keepers 167 

INSURANCE: 

Accident Companies.— An act to incorporate and to govern accident life insurance 
companies doing business in the state of Illinois 168 

Incorporation of Fire Companies.— An act to amend sections 6, 10, 12, 13, 2 , 22, and 
23, of an act entit ed "An act to incorporate and govern fire, marine and inland navi- 
gation insurance companies doing business in the state of lUinoi?," approved March 
11, 1869, in force July 1, 1869 176 

Township Companies.— An act to amend section one of an act entitled "An act to 
revise the law in relation to township insiirance companies," approved 
March 24, 1874, in force July 1, 1874 .187 

An act to amend section eighteen (18) of an act entitled "An act to revise the law 
in relation to township insurance companies," approved March 24, i874 18S 

Mutual Live Stock Companies.— An act to amend sections three (3) and twelve (12) 
of an act entitled "An act to organize Farmer's County Mutual Live Stock Insurance 
Companies," approved June 16, 1887, in force July 1, 1887 189 

County Mutual Tornado Companies. — An act to authorize the organization and to 
regulate coun y mutual windstoi-m insurance companies 191 

JUDGMENTS AND EXECUTIONS: 

Judgments in Justices' Courts— An act to fix the time within which an execution 
may issue on a judgment of a justice of the peace, and within which a suit may be 
brought upon such judgment 194- 

Limitation of Liens— An act to amend section one (1) of an act entitled "An act in 
regard to judgments and decrees, and the manner of enforcing the same, by execu- 
tion, and to provide for the redemption of real estate sold under execution or de- 
cree," approved March 22, 1872, in force Ju y 1, 1872 195- 

Bedemption of Real Estate— An act to amend an act entitled "An act in regard to 
judgments and decrees, and the manner of enforcing the same by execution, and to 
provide for ihe redemption of real e.-tate sold under execution or decree," approved 
March 22, 1872, in force July 1, 1872 196 

United States Courts in this State— An act to give elTect to the acts of congress 
regulating the liens of judgments and decrees of courts of the United States 197 

JUSTICES AND CONSTABLES: 

Transcripts in Preliminary Trials— An act authorizing ju'^tices of the peace and 
police magistrates to file transcripts after prehminary examinations on criminal 
charges 19g 



XII CONTENTS. 



SOLDIEES" AND SAILORS' HOME: 

Admission of mprahers— An act to amend section 18, of an act entitled "An act 
to establish and maintain a soldiers' and sailors' home in the state of Illinois, and 
making an appropriation for the pur.-hase of land and the construction of the neces- 
sary buildings," approved June 2ti, 1885. in force July 1, 1885 316 

Moneys appropriated by the United States in aid of state homes — An act to au- 
thorize the Treasurer of the state of Illinois to receive certain moneys from the 
United States 347 

SOLDIERS' MEMORIAL HALL: 

Bearhorn Park, Chicago—An act to authorize the soldiers' home in Chicago to 
erect and maintain a soldiers' memorial hall on the north one-quarter of Dearborn 
park in the city of Chicago 348 

STATE CONTRACTS: 

Printing and hinding— An act to amend sections 7,12, 13, 14, 15, 16, 17, 18, 19 and 20, 
and sections 37, 38 and 39, of "An act to revise the law in relation to state contracts," 
approved March 31. 1874 350 

TOWNSHIPS: 

Bond Fund— An act making provisions for the refunding of surplus funds that 
now are, or hereafter may be, in the hands of the county collectors of taxes or county 
treasurers to the credit of the bond fund of townships when such bonds have been 
fully paid and canceled 357 

TOWNSHIP ORGANIZATION: 

Ejections, Ballot Boxes— An act to amend an act approved June 27, 1885, and in 
force July 1, 1885, entit'ed "An act to amend aii act approved and in force March 9, 
1877, and which is entitled "An act to amend section seven of article seven, of an act 
entitled 'An act to revise the law in relation to township organ zation,' " approved and 
in force March 4, 1874 359 

Xeui Toiryis- An act to amend section one of article thtee of "An act to revise 
the law in relation to township organization," approved and in force March 4, 1874 361 

WAGES: 

Attorney's fee in suits for— An act providing for attorney's fees when mechanic, 
artisan, miner, laborer, or sei vant sues for wages 362 

WEIGHTS AND MEASURES: 

FJonr and Corn Meal— An act to amend sections 7 and 8 of chapter 147, entitled 
"weights and measures," approved February 27, 1874 363 

JOINT RESOLUTIONS: 

Adjournment from February 19 to February 25, 1889 3(55 

Adjournment from March 28 to Api il 3, 1889 365 

Adjournment sine die 366 

Beef, inspection and transportation of 366 

Binding twine, manufacture of, in the penitentiaries 366 

Black Hawk War, pensions for soldiers 367 

Canal, Lake Superior and Lake Michigan survey 367 

Election returns for state officers, canvass 368 

Governor's biennial message printing , 368 

Governor elect, inauguration 369 

Governor's inaugui-al address, printing 369 

Robert T. Lincoln, minister to England 369 

Hon. Asa C. Matthews, for commissioner of internal revenue 370 

Illinois Military Academy at Morgan park 371 

Memorial sevices, Haines and Teefey 371 

Noi-thwestern Military Academy at Highland park 372 

Penitentiaries, management 373 



CONTENTS. XIII 

PAGE. 

Pensions to soldiers of the civil war 374 

Revenue, joint committee, 374 

River improvement Des Plaines and Illinois 375 

Rules, joint, appointment of committee 377 

School laws, printing 377 

United States Senator, election of 377 

State officers, notice of election 378 

State treasury, condition of 378 

Hon. Richard W. Townshend, death of 879 



-v. 



LAWS OF ILLINOIS. 



ADMINISTRATION OF ESTATES. 



CLASSIFICATION OF CLAIMS. 

§ 1. Amends section 70 by changing the flrst and tliird classes. 

Ax Act to mnend section seventy (70) of an act entitled ''An 
act in regard to the administration of estates," approved 
April 1, 1872, in force July 1, 1872, as amended by act 
approved April 1, 1887, in force July 1, 1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section seventy 
(70) of an act entitled ''An act in regard to the administration 
of estates.'' approved April 1, 1872, in force Juh" 1, 1872, as 
amended by act approved April 1, 1887, in force July 1, 1887, 
be and the same is herebj^ 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 and necessary cost of administration. 

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

Third— Expenses attending the last illness, not including phy- 
sician's bill, and demands due common laborers or household 
servants of deceased for labor. 

Fourth — Debts due the common school or township funds. 

Fifth — The physician's bill in the last illness of the deceased. 

Sixth — Where the decedent has received money in trust for 
an}' purpose, his executor or administrator shall pay out of his 
estate the amount thus received, and not accounted for. 

Seventh — All other debts and demands, of whatever kind, with- 
out regard to quality or dignity, which shall be exhibited to 
the court within two vears from the granting of letters as afore- 



ALIENS. 



said, and all demands not exhibited within two years, as afore- 
said, shall be forever barred, unless the creditors shall find 
other estate of the deceased, not inventoried or aicconnted for 
by the executor or administrator, in which case their claims 
shall be paid pro rata out of such subsequently discovered es- 
tate, saving' however to infants, persons of unsound mind, 
persons without the United States in the employment of the 
TJnited States, or of this State, the term of two years after 
their respective disabilities are removed, to exhibit their claims.'^ 

Approved June 5, 1889. 



ALIENS. 



EMPLOYMENT IN THE PUBLIC SERVICE PROHIBITED. 



1. Prohibits the employment in the 

pubhc service or on public Avork of 
aliens who have not declared their 
intention of becoming citizens. 

2. Employers of labor to be paid out of 

the public funds must furnish evi- 
dence of citizenship or declaration 
of intention. 

3. Disbursing offlcer, liable for money 

paid contrary to the provisions of 
this act. 



§ 4. False certificates, will avoid con- 
tracts ajid forfeit wages arned. 

§ 5. Employes found to be employed 
contrary to the provisions of this 
act shall be discharged. 

§ 6. Failure to take out final papers. 



An Act to protect the Labor of Native and Naturalized Citi- 
zens and of those who have in good faith declared their in- 
tentions to become Naturalized American Citizens. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That it shall be 
unlawful for any board or commission, or any offlcer or other 
person acting for the State, or for any county, township, city, 
village, district, or other municipality in the State, or any con- 
tractor or sub-contractor, under any or either of said munici- 
palities, to employ any person or persons, other than native 
born or naturalized citizens or those ^^ho have in good faith 
declared their intentions to become citizens of the United States, 
Avhen such employes are to be paid, in whole or in part, direct- 
ly or indirectly, out of any funds raised by taxation. 



ALIENS. 3. 



§ 2. It shall be the duty of any person or persons employing; 
labor or other serA'ices, to be paid for, in whole or in part., 
directly or indirectly, out of any funds raised by taxation, to 
file with the treasurer or disbursing- officer of such funds a cer- 
tificate showing- to the best of his knowledge and belief that the 
persons so emploj^ed, and on whose account payment is to be 
made out of such public funds, are citizens of the United States, 
or have in good faith declared their intentions to become such 
citizens, or are of such age or sex that they cannot declare 
their intentions to become citizens, or cannot be formall}^ de- 
clared to be citizens by an order of'a. court of record. 

§ 3. Any treasurer or disbursing officer who shall knowingly 
or willfully pay out any of the funds in his hands, raised by 
taxation, to any person not a native born or naturalized citi- 
zen, or who has not in good faith declared his intentions to 
become a citizen, lor labor or any other services, shall be liable 
to the municipality to which such funds belonged for the amount 
so paid, to be recovered in auA^ court of competent jurisdiction: 
Provided, that when such payment is made on the requisite 
certificate of the employer, no liability shall attach to such 
treasurer or disbursing officer. 

§ 4. Any employer, contractor or sub-contractor, or other 
person, whose employes are to be paid in whole or in part; 
directly or indirectly fi'om funds raised by taxation, who shall 
knowingly or negligentlj' make false certificate that said em- 
ployes are native or naturalized citizens, or have declared their 
intentions to become citizens for the purpose of drawing such 
funds or any part thereof, shall be personally liable to the 
municipality to which such funds belonged for the amount so 
drawn, and any alien ^vho earns wages, the pay for which is to 
come out of any such public funds by falsely representing that 
he is a native or naturalized citizen, or has declared his inten- 
tion to become a citizen, shall forfeit the amount so earned. 
Such contract is declared null and void. 

§ 5. Whenever any employer, contractor or sub-contractor, by 
written or oral information, or from any source has reason to 
believe that he has in his employ persons other than native or 
naturalized citizens, or those who Imve in good faith declared 
their intentions to become citizens, whose pay is to be drawn 
in whole or in part, directly or indirectly from such public funds, 
he shall at once investigate the matter, and if he shall find 
said information tg have been correct, he shall discharge such 
employe oi* employes, and a failure to do so shall render him 
liable to the municipality to which such funds belono-ed foi* 
any of such funds paid to such alien for labor or services per- 
formed after such disco verv. 



ANIMALS. 



§ 6. Ill all cases where an alien, after filing' his declaration of 
intention to become a citizen of the United States, shall, for 
the space of three months after he could lawfully do so, fail to 
take out his final papers and complete his citizenship, such 
failure shall be prima facie evidence that his declaration of in- 
tentions was not made in o-oocl faith. 



Approved June 1, 1889. 



ANIMALS. 



SHEEP, DAMAGES BY DOGS. 

§ 1. Amends section 5, act 1879, as amended 1881, by inserting the ^Yords "and if the 
total damages claimed by such applicant in his affidavit do not exceed four dol- 
lars," etc., to and including the word "contrary." 

An Act to amend section five (5) of an act entitled "An act 
to indemnify the owners of sheep in cases oi damage com- 
mitted by dogs,'' approved May 29, 1879, in force July 1, 
1879 amended by act approved Mav 28, 1881, in force July 
1, 1881. 

vSection 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General AssembJy : That section five (5) 
of an act entitled "An act to indemnify the owners of sheep in 
cases of damage committed by dogs," approved May 29, 1879, 
in force July 1, 1879, amended by act approved May 28, 1881, 
in force July 1, 1881, be hereby amended so that the same will 
read as follows: 

"Section 5. No person having sheep killed or injured as afore- 
said shall be entitled to receive any portion of the fund herein 
provided for, unless he shall appear before a justice of the peace 
of the county in which such sheep were killed or injured, within 
three daj^s from the time when such injury or damage is dis- 
covered, and make affidavit stating the number of sheep killed 
or injured and the amount of damage so done by dogs, and 
that the owner or keeper of the clog or dogs which destroyed 
or injured the applicant's sheep is or are unknown, or if known, 
then stating the name; and that such OAviier or keeper is insolvent, 
and ijhat the applicant has received no compensation from the 
ow^ner or keeper, or an^' other person, for the damage sustained; 
and if the total damages claimed by such applicant in his 
affidavit do not exceed four dollars, then such affidavit shall 
be sufficient proof upon which to recover the amount of damages 



ANIMALS. 



stated therein, in the absence of satisfactory evidence to the 
contrary, and thereupon the said justice of the peace shall 
enter the same on his docket in the same manner as other suits 
are docketed, and if the damages assessed or claimed by the 
applicant do exceed the amount of four dollars, he shall pro- 
ceed to hear testimony of one or more freeholders as to the 
number and value of the sheep killed or injured, and from such 
evidence shall find the damages sustained, and shall make 
record of his findings as of judgment in other cases. He shall, 
upon the rec^uest of the applicant in such proceedings, make a 
certified copy from his docket of said proceedings, and the 
same, with the original affidavit of the applicant, shall be filed 
Avith the county treasurer in counties not under toAvnship or- 
ganization, and in counties under township organization with 
the supervisor of tne town in which such sheep were injured or 
destroyed, within ten (10) days thereafter, and when so filed 
shall be sufficient evidence of loss oi- damage by dogs as afore- 
said, and the license fund as aforesaid shall be paid thereupon 
on the first Monday of March in each yesir, as hereinbefore 
provided. 

Approved June 3, 1881). 



TRAXSPORTATION OF CATTLE SUFFERING WITH "TEXAS FEVER. 



§ 1. Transportation companies prohibited 
from bringing cattle into or through 
this State from districts scheduled 
by proclamation of the Governor 
on account of splenic or Texas 
fever, unless the way-bill or bill of 
lading states the point from ^vhere 
originally brought. 

§ 2. Cars or steamboats in which such 
cattle are shipped must be cleaned 
and disinfected before being used 
for other I'urposes. 



§3. Cattle t ansported must be un'oaded 
into special pen:. 

§ 4. Stock yard companies shall set apart 
spec;a portions of the yards for 
the re.eption of such cattle. 

§ 5. Penalties for viola' ion of this act. 

§ t). Emergency. 



An Act to define the duties of railroad, steamboat, transporta- 
tion and stocli yard companies under proclamations of the 
Governor, scheduling territory on account of splenic or Texas 
fever among cattle. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That, during the 
time specified by any proclamation of the Goveiuor of this State, 



ANIMALS. 



restraining the importation of cattle from any territory therein 
scheduled, on account of splenic or Texas fever, all railroad, 
steamboat and transportation companies in this State trans- 
porting such cattle into or through this State, or that shall 
receive or ship such cattle that have, prior to such shipment, 
been shipped or driven out of such scheduled territory to the 
point where they are received by such i-ailroad, steamboat or 
transportation company, for transportation into or through 
this State, shall, by their Avay-bill or bill of lading, state ex- 
plicitly the point from whence said cattle were originally shipped 
or derived. 

§ 2. That all railroad, steamboat and transportation com- 
panies that shall so receive and ship such cattle, shall, imme- 
diately after the said cattle are unloaded, and before the said 
cars are used for any other purpose, cleanse and disinfect such 
cars or quarters in which the same are shipped, in accordance 
with the rules and regulations that may hereafter be presented 
by the Board of Live Stock Commissioners of the State of Illi- 
nois, and approved by the Governor. 

§ 3. That all railroad, steamboat and transportation com- 
panies that shall hereafter unload any such cattle in any 3^ards 
along the line of their said roads oi' routes of travel, shall un- 
load such cattle in pens set apart especially for such cattle, and 
shall allow no other cattle to enter into or be placed in such 
pens. 

§ 4. All stock yard companies in the State of IlHnois re- 
ceiving cattle shall set apart certain portions of their yards for 
the cattle described in the above sections, and shall conspicuous- 
ly mark same, and shall provide separate chutes, alleys and 
scales for such cattle : and whei-e the way-bills or bills of lading 
of the railroads delivering the same show that they are the 
kind of cattle before described, they shall be placed in that por- 
tion of the yards set apart for such cattle, and in no case shall 
such cattle be unloade i by any railroad, steamboat or trans- 
portation company in yards or pens other than those set apart 
for the exclusive receiving and yarding of such cattle. 

§ 5. Any I'ailroad, steamboat, transportation or stock yard 
company violating any of the provisions of this act, or any of 
the rules of the Board of Live Stock Commissioners, referred to 
herein, or relating to the transportation of cattle from territory 
scheduled by the Governor, on account of splenic or Texas 
fever, shall be fined in any sum not- exceeding one thousand dollars 
($1,000) for each offense. Such fines shall be recovered by 
action of debt in the name of the People of the State of Illinois, 
and shall be paid into the county treasury of the county in 
which the suit is brought. It shall be the duty of the State's 
Attorney of any county in which suit may be brought to begin 
and prosecute any action for the recovery of the penalty herein 



ANIMALS. 



provided, upon request of the Board of Live Stock Commis- 
sioners of Illinois. And it shall be the dutj" of any ])':^rson 
having- knowledge of a violation of any of the provisions of 
this act, to report the same to said board. 

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

Appeoved May 28, 1889. 



LIENS ON GET OF SIRES. 

§ 1. Amends se tion 3, act of 1887, b\' making the time of lien six months, and the time 
of filing certitieate of service extended to 12 months. 

Amends section 6 by authorizing a fee for the certificate of not more than $2. 

An Act to amend sections three (3) iind six (6) of an act to 
protect stock breeders within the State of Illinois,'' approved 
June 10, 1887, in force July 1, 1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the GfUdral Assembly: That sections three 
(3) a,nd six (6) of "An act to protect stock breeders within the 
State of Illinois," approved June 10, 1887, in force Jul}-^ 1, 
1887, be amended so as to read as follows : 

"Section 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 six months from the date of birth of get: Provided, 
said owner or owners shall, within twelve months of the time 
of rendition of such service b}^ such certified sire, file for record 
a statement of account, verified 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, to- 
gether with a description of the female served." 

Section 6. "The Illinois Board of Agriculture is authorized to 
make a charge for such certificate, not to exceed two dollars, 
as may be necessary to cover the expense incident to the exe- 
cuting the provisions of this act." 

Approved June 1, 1889. 



APPROPRIATIONS. 



APPROPRIATIONS. 



FURNISHING APPELLATE COURT ROOMS FiRST DISTRICT. 

§ 1. Appropriates $7,640 for furnishing the Appellate Court rooms of the flrst district. 

An Act making an appropriation for furnishing, carp/eting, deco- 
rating and supplying the rooms of the Appellate Court of the 
First District of Illinois. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the sum of 
seven thousand six hundred and forty dollars (IT, 640) be and 
the same is hereby appropriated for furnishing", carpeting, deco- 
rating and supplying the rooms of the Appellate Court of the 
First District of Illinois, the foregoing amount to be paid upon 
bills of particulars, certified to by the clerk of (-aid court, and 
upon the order of at least two of the judges thereof: and upon 
the presentation of such certified bills, and such orders, the 
Auditor of Public Accounts is hereby authorized to draw his 
warrant or warrants upon the State Treasurer, payable out of 
such appropriation for the amount of such bills respectively, not 
exceeding in all the said sum of seven thousand six hundred 
and forty dollars, and the State Treasurer shall pay the same 
out of the proper funds of ijie treasury, not otherwise appro- 
priated. Said warrants shall be drawn in favor of, and be made 
payable to the order of the person or persons entitled thereto. 

Approved June 3, 1889. 



APPROPRIATIONS. 



9 



ASYLUM FOR INSANE CRIMINALS. 



§ 1. Asylum for insane criminals estab- 
lished; located on the penitentiary 
grounds at Chester; under control 
cf penitentiary commissioners. 

§ 2. Penitentiary commissioners shall 
have plans for building and esti- 
mates prepared, to accommodate 150 
patients, to cost not to exceed 
S45,000; plans shall be approve i by 
State Boards of Charities and Health ; 
construction under supervision of 
penitentiary commissioners. 

§ 3. Approp iates SoO.OOO for the erection 
and furnishing. 

§ 4. Appointment of Medical Superintend- 
ent. 



Asylum shall be subject to inspec- 
tion by the State Board of Chari- 
ties. 

When the Asylum is opened to re- 
ceive patients, transfers shall be 
made from the other institutions 
and penitentiaries. 

Commitments to the asylum by the 
courts. 



Commitments 
tiaries. 



from the peniten- 



§ 9. 



10. 



Commitments from the hospitals for 
the insane. 



Convicts continuing insane after ex- 
piration of sentence; convicts re- 
stored to health. 
§ 11. Expenses of conveying to Asylum. 



An Act to provide for the location, erection, organization and 
management of an Asylum for Insane Cnminals, and making 
an appropriation for the construction of necessary buildings. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there be and 
is herebj^ created and estabhshed an asjdum for the proper care, 
custody and treatment of insane criminals, to be known as the 
Ilhnois Asylum for Insane Criminals. The said asyhim shall be 
located upon the grounds of the penitentiaiy at Chester, in this 
State, and shall be subject to the supervision and control of the 
board of commissioners of the said penitentiary, under the same 
rules, regulations and conditions as trustees of the State Charitable 
Institutions, as now provided by law, so far as the same are 
applicable. 

§ 2. The said commissioners are directed and required to 
cause to be prepared the necessary plans and specifications, by 
a competent architect of established reputation for ability and 
integrity, said plans and specifications to embrace the . most 
approved construction, having reference particularly to strength 
and durabi ity, and also to prudence and economy of expendi- 
tures, and shall be accompanied by a detailed estimate of 
quantities, and an estimate of the total cost for the erection 
and full completion according to said plans of buildings for the 
care and accommodation of one hundred and fifty patients, with 
the usual proportion of otficers and employes, which shall not 
exceed, in the aggregate, the sum of forty-five thousand dollars 
(.f 45, 000), including the ofiices, kitchens, bakeries, laundry, 
coal-house, store-house, and the cost of heating and lightings 



10 APPROPRIATIONS. 



the same, together with the system of sewerage and water 
.supply. No plan shall be adopted by the said commissioners 
which shall not first have been approved by the State Com- 
missioners of Public Charities, and in respect to its sanitary 
features by the State Board of Health. The erection of such 
building shall be made under the supervision of the board of 
commissioners of said penitentiary, and in its construction they 
shall use the labor of the convicts of the said penitentiary so 
far as the same may be practicable, and shall use the stone 
quarried on the grounds of said penitentiary: Provided, that 
the board of commissioners of said penitentiary shall render 
bills for all expenses incurred in and about the construction of 
said building or buildings, which bills shall be accompanied by 
sub-vouchers for each item, and no amount shall be allowed by 
the Auditor of Public Accounts and paid in excess of such 
actual expenses. 

§ 3. For the erection of buildings and completion of the 
whole, also for the purchase of furniture and fixtures at the 
direction of the commissioners, the sum of fifty thousand dol- 
lars (150,000) is appropriated, payable on the terms, and in 
the same manner now provided by law% out of any moneys in 
the treasuiy not otherwise appropriated, and the commissioners 
are hereby directed and required so to apportion the expendi- 
tures of the said appropriation as to secure actual provision 
for the reception and care of the largest possible number of 
patients at the earliest practicable time. 

>i 4. ^Yhen the said asylum shall be readj" for occupancy, or 
before, if the commissioners shall deem it necessary, they shall 
appoint a medical superintendent of the asylum, who shall be 
a well educated physician, experienced in the treatment of the 
insane, whose duties shall be the same as in the several hospi- 
tals for insane in this State, as provided hy law. 

>; 5. The said asylum shall be subject to the inspection of 
the State Board of Commissioners of Public Charities in the 
same manner as now provided by law for their inspection 
of the several Charitable Institutions of this State, and their 
powers and duties with relation to such asylum shall be the 
same. 

§ 6. ^ When the Illinois Asylum for Insane Criminals is opened 
for the reception of patients, the medical superintendents of 
the Illinois Northern Hospital for the Insane, at Elgin ; the 
Illinois Eastern Hospital for the Insane, at Kankakee; the Illi- 
nois Central Hospital for the Insane, at Jacksonville; the Illi- 
nois Southern Hospital for the Insane, at Anna, and the war- 
dens of the penitentiaries at Joliet and Chester, shall, with the 
consent of the board of trustees or board of commissioners of 
their respective institutions, proceed to transfer to said Asylum 



APPROPRIATIONS. 11 



for Insane Criminals all convict insane that may be in their 
respective institutions, all discharged convict insane, and all 
insane that shall have been sent to said hospitals under the 
niittimus of anv of the several courts of this State. 

§ 7. At any time after, the said Illinois Asylum for Insane 
Criminals shall be opened for the reception of patients, \vhen a 
person shall be acquitted on trial of the crime of murder, 
attempt at murder, rape, attempt at rape, highway i-obbery or 
arson, on the ground of insanity, the judge of the court in 
which such trial is had shall order his safe custody and removal 
to such asylum, where he shall remain until restored to his 
right mind, and be adjudged by the medical sup9rintendent 
thereof, and the Board of Commissioners of Public Charities, a 
fit subject to be discharged. 

§ 8. Whenever the physician to either of the penitentiaries 
shall cei'tify to the warden, or other officer in chai-ge, that anj' 
convict is insane, it shall be the duty of the said warden, or 
other officer in charge, to make a full examination into the 
condition of such convict, and if fully satisfied that he is insane 
the said warden, or other officer in charge, where said convict 
is confined, shall forthwith cause such convict to be transferred 
to the Illinois As^dum for Insane Criminals, after such institu- 
tion shall have been opened for the reception of patients, and 
to deliver him to the medical superintendent thereof, who is 
hereby required to receive him into said asylum and retain him 
there until legally discharged. 

§ 9. The medical superintendent of either of the hospitals for 
the insane in Illinois, with the consent of their board of trust- 
ees, may make application to the Board of Commissioners of 
Public Charities for an order of transfer of any or all criminal 
insane persons under treatment in such hospitals who have 
been guilty, previous to admission to the hospital, of an act of 
homicide, highway robbery, rape, or an attempt to commit 
rape, or arson, and whose presence is dangerous to others. 
Likewise, all insane persons who have committed an act of 
homicide, or who have attempted to commit such act, rape, or 
an attempt to (commit rape, arson, or an attempt to commit 
arson wdiile under treatment in either of said hospitals, and the 
Board of Commissioners of Public Charities shall investigate all 
the facts, and may, in their discretion, order the transfer of 
such person or persons to the Illinois Asylum for Insane Crimi- 
nals, w^hen the same shall have been opened for the reception 
of patients. In case any patient under treatment, in any of 
the State hospitals for the insane, shall, at any future time 
after the organization of the Illinois Asylum for Insane C.imi- 
nals, commit any act of homicide, rape or arson, or attempt to 
commit either of such acts, proceedings may be instituted and 
had as above, and he may be transferred to such Asylum for 
Insane Criminals in the same manner as herein provided. 



12 APPROPRIATIONS. 



§ 10. In ca.se the insanity of any convict shall continne after 
the ex])ii'ation of his sentence, he shall be retained in said 
asylum until adjudged by the medical superintendent thereof and 
the board of commissioners of such penitentiary, a fit subject 
to be discharged. Whenever any convict who shall have been 
confined in said asylum as a lunatic shall have been restored 
to reason, and the medical superintendent shall so certify in 
writing, he shall forthwith be transferi'ed to the penitentiary from 
whence he came and the agent or warden of such penitentiary 
shall receive the said convict into such penitentiary. An^' con- 
vict whose sentence has expired, and Avho is still insane, may 
be delivei^ed to his relatives or fi-iends, who will undertake, with 
good sureties to be approved by the board of commissioners 
for his peaceful behavior-, safe custody and comfortable mainte- 
nance without further public charge. 

§ 11. The expenses of the transfer of any insane person or 
persons to the Illinois Asylum for Insane Criminals, either from 
any other of the State institutions, or upon the order or mit- 
tiinus of any of the several State courts, shall be defrayed from 
the State Treasury in the same maimer as the cost of convey- 
ing convicts to the State penitentiaries is defrayed: Provided, 
that the bills rendered for such service shall show all the items 
of expense actually incurred, and be accompanied by sub- 
vouchers for each item, and no amount shall be allowed and 
paid bj" the Auditor of Public Accounts in excess of such actual 
expense. 

Approved June 1, 1889. 



STATE board OF AGRICFLTURE. 



§ 2. How drawn. 

§ 3. Payments to agricultural societies 



§ 1. Appropriates S^14,800 per annum to 
the use of the State Board of Agri- 
cultui-e, and $100 per annum for each 
agricultural society holding fairs, 
estimated at S7,500 per annum. ' 

An Act niRkin(>- apyjrojjrmtions for the St ate Board of Agri- 
culture and County nnd other Agriculturnl Fairs. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assewbly: That there be and 
is hereby appro]3riated to the State Board of Agriculture the 
following sums, to-\vit: 

For the payment of premiums at the annual State Fair and 
Stock Show, the sum of five thousand dollars (f5,000) per an- 



APPROPRIATIONS. 13 



num for the years 1889 and 1890; and for the nse of each 
county or other agricultural societ}^ the sum of one hundred 
dollars (flOO) per annum, to be paid to the treasurer of the 
society, for fairs held in the years 1888 and 1889; and for the 
use of each congressional district holding farmers' institute 
meetings, for the pa^anent of the expenses of holding such in- 
stitute meetings and publishing and distributing reports of 
such meetings, the sum of one hundred dollars (f 100) per annum, 
to be drawn upon the order of the State lioard of Agriculture, 
and to be paid on account of such meetings held for the 3'ears 
1889 and 1890. 

For the salary of the secretary, the sum of twenty-five hun- 
dred dollars (|2,500) per annum, for the years 1889 and 1890. 

For chief clerk, the sum of sixteen hundred dollars (11,600) 
per annum, for the 3'ears 1889 and 1890. 

For curator, the sum of eight hundred dollars (.f800) per 
annum, for the j^ears 1889 and 1890. 

For clerk hire, the sum of one thousand dollars (f 1,000) per 
annum for the years 1889 and 1890. 

For porter, the sum of eight hundred dollars (f800) per an- 
num, for the years 1889 and 1890. 

For the agricultural museum, the sum of three hundred dol- 
lars (|300j per annum, for the years 1889 and 1890. 

For the expense of collecting, compiling and publishing crop 
and meteorological statistics and proceedings of institute meet- 
ings, the sum of twelve hundred dollars (f 1,200) per annum, 
for the years 1889 and 1890. 

For the agricultural library, the sum of four hundred dollars 
(1400) per annum, for the years 1889 and 1890. 

For office expenses, furniture, repairs, postage, expressage, 
etc., the sum of twelve hundred dollars (f 1,200) per annum, for 
the years 1889 and 1890. 

§ 2. That, on the order of the president, countersigned by 
the secretary of the State Board of Agriculture, and approved 
by the Governor, the Auditor of Public Accounts shall draAv his 
warrant upon the Treasurer in favor of the treasurer of the 
Illinois State Board of Agriculture for the sums herein appro- 
priated: Provided, that each warrant on account of the fair 
shall show the agricultm^'al society for whose benefit the same 
is drawn, and that no ^^'arrant shall be drawn in favor of any 
agricultural society unless the order aforesaid be accompanied 
by a certificate of the State Board of Agriculture, showing that 
such agricultural society held an agricultural fair during the 
preceding year, in compliance Avith the rules and regulations as 
provided hj said State Board of Agriculture: Provided, further, 
that no part of the mone,ys herein provided for shall be drawn 
from the public treasury prior to the first day of July, A. D. 
1889: And, provided, further, that no warrant shall be drawn 



14 APPROPRIATIONS. 



in favor of anj 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 other gambling de- 
vice was licensed or allowed upon their fair ground: And, pro- 
vided, further, that no funds of the State Board of Agriculture 
shall be paid by the treasurer thereof to any member of said 
board or members of their immediate families for services ren- 
dered, material furnished or any other consideration. 

§ 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 treasurer of each agricultural society, the sum received 
foi" its use and benefit as aforesaid, and make a biennial report 
to the Governor of all such appropriations received and dis- 



bursed by him. 
Approved May 23, 1889. 



INSTITUTION FOR THE BLIND. 

§ 1. App: opii-ites S27.350 for repairs, im- I § 2. How drawn, 
provements and buildings. 

An Act making' appropriations for the Illinois Institution for 
the Education of the BHnd. 

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

For repairs to cornice, one thousand dollars (f 1,000). 

For piano-tuning and repair department, three thousand dol- 
lars (13,000). 

For cottage for girls, eighteen thousand dollars (.f 18, 000). 

For covered walk for girls, one thousand dollars (f 1,000). 

For repairs of chapel, forty-three hundred and fiftv dollars 
(14,350). 

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

Approved May 29, 1889. 



APPROPRIATIONS. 



15 



CENTRAL HOSPITAL FOR THE INSANE. 



§ 1. Appropiiates ;S16,907.70 for buildings, 
improvements and street paving. 



2. How drawn. 



An Act making appropriations to the Illinois Central Hospital 
for the Insane, for stable, for storehouse, fnr steam engine, 
and for street paving. 

Section 1. Be it enacted by the PeopAe of the State of Illi- 
nois, represented in the General Assembly: That the following 
amounts be and are hereb}' appropriated to the Illinois Central 
Hospital for the Insane, at Jacksonville: 

For brick stable and carriag-e honse, four thousand five 
hundred dollars (14,500). 

For storehouse, twenty-five hundred dollars (f2,500). 

For one steam engine, sixteen hundred dollars (11,600). 

For street paving, eight thousand three hundred and seven 
dollars and seventy cents (18,307.70). 

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

Approved May 29, 1889. 



charitable institutions, state, ordinary expenses. 



§ 1. Appropriates 5958,000 for the year 1889, 
for ordinary expenses. 

§ 2. Appropriates 51,023,000 for the year 1890, 
for ordinary expenses. 

§ 3. Appropriates f46,000 per annum for re- 
pairs and improvements. 



§ 4. Appropriates 84,000 pe.- annum for 
Jibrary purpose . 

§ 5. How drawn; contracts for work. 

§ 6. State Treasurer authorized to receive 
money on account of Soldiers' Home, 
from the United States. 



An Act making appropriations for the ordinary expenses of the 
State Institutions herein named. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there be and 
is hereby appropriated, for the purpose of defraying the ordi- 
nary expenses of the State institutions named in this act, for the 
-year beginning July 1, 1889, the sum of -1958,000, payable 
quarterly in advance, and that the said appropriation shall be 
apportioned between the said institutions as follows: 



16 APPROPRIATIONS. 



To the Northern Hospital for the Insane 170,000 

To the Eastern Hcspital for the Insane 216,000 

To the Central Hospital for the Insane 120,000 

To the Sonthern Hospital for the Insane 100,000 

To the Institution for the Deaf and Dumb 100,000 

To the Institution for the Blind 38,000 

To the Asylum for Feeble-Minded Children 66,000 

To the Soldiers' Orphans' Home 45,000 

To the Charitable Eve and Ear Infirmary 27,000 

To the State Reform School 46,000 

To the Soldiers' and Sailors' Home 130,000 

Total 1958,000 

§ 2. For the ]3urpose of defraying the ordinary expenses of 
the said institutions for the year beginning July 1, 1890, the 
sum of .fl, 023, 000 is appropriated, payalDle quarterly in ad- 
vance, which amount shah be apportioned among them as fol- 
lows, and at the same rate until the expiration of the fii st fiscal 
quarter after the adjournment of the next General Assembly: 

To the Northern Hospital for the Insane |90,000 

To the Eastern Hospital for the Insane 236,000 

To the Central Hospital for the Insane 140,000 

To the Southern Hospital for the Insane 100,000 

To the Institution for the Deaf and Dumb 100,000 

To the Institution for the Blind 38,000 

To the Asylum for Feeble-Minded Children 66,000 

To the Soldiers' Orphans' Home 50,000 

To the Charitable Eve and Ear Infirmary 27,000 

To the State Reform School 46,000 

To the Soldiers' and Sailors' Home 130,000 

Total 11,023,000 

§ 3. For the purpose of enabling the institutions to make 
such repairs and improvements as may be necessarj'- or desira- 
ble, the sum of f46,000 per annum is appropriated, as follows: 

To the Northern Hospital for the Insane |5,000 

To the Eastern Hospital for the Insane 10,000 

To the Central Hospital for the Insane 7,000 

To the Southern Hospital for the Insane 5,000 

To the Institution for the Deaf and Dumb.... 5,000 

To the Institution for the Blind 2,000 

To the Asvlum for Feeble-Minded Children 2,000 

To the Soldiers' Orphans' Home 2,000 

To the Charitable Eye and Ear Infirmary 1,000 

To the State Reform School .' 2,000 

To the Soldiers" and Sailors' Home 5,000 

Total 146,000 



APPROPRIATIONS. 17 



§ 4. For the maiiitenance of libraries for the use of inmates 
of the several institutions, the sum of f4,000 per annum is 
appropriated, as follows : 

To the Northern Hospital for the Insane f250 

To the Eastern Hospital for the Insane 800 

To the Central Hospital for the Insane 400 

To the Southern Hospital foi* the Insane 250 

To the Institution for the Deaf and Dumb 500 

To the Institution for the Blind 200 

To the Asylum for the Feeble-Minded Children.... 200 

To the Soldiers' Orphans' Home 500 

To the Charitable Eye and Ear Infirmarv 100 

To the State Reform School '[ 300 

To the Soldiers and Sailors' Home 500 

Total 14,000 

§ 5. The moneys herein appropriated shall be due and pay- 
able to the trustees of the several institutions named, or to 
their order, only on the terms and in the manner now provided 
by law: Provided, that all contracts for repairs or improve- 
ments, involving,- an expenditure of -f 500 or more, shall be let 
to the lowest bidder, after the trustees have given thirty days' 
public notice of the letting of said contract, in some newspa]>?r 
having general circulation in the county where said institution 
is located. 

§ 6. The treasurer of the State of Illinois is hereby author- 
ized to receive anv moneys which may be paid to this State by 
the managers of the National Home for Disabled Volunteer 
Soldiers, under the provisions of an act approved by the Presi- 
dent of the United States, August 27, 1888. 

Approved May 29, 1889. . 



DAIRYMEN S ASSOCIATION. 

§ 1. Appropria'.es ?1,000 per annum for I ^ -• Ho^^' ch-awu. 

publishing and distributing report. | . ■ ^ , 

An Act making an appropriation in aid of the Illinois Dairy- 
men^ s Association. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the sum of 
2— 



18 APPROPRIATIONS. 



one thousand dollars per annum be and the same is hereby ap- 
propriated to aid the Illinois Dairymen's Association in com- 
piling, publishing and distributing its report. 

§ 2. The Auditor of Public Accounts is hereby authorized to 
draw his warrant upon the State Treasurer for the sum in this 
act specified, on bills of particulars, certified to by the officials 
of said association, to the order of the president of said asso- 
ciation, and the State Treasurer shall pa}^ the same out of any 
fund in the State treasury not otherwise appropriated. 

Approved Mav 25, 1889. 



INSTITUTION FOR THE DEAF AND DUMB. 

§ 1. Appropriates SIO.OOO for extension cl § 2. How drawn, 
the grounds, $^1,200 for engine, and 
if6,000 for street improvements and 
paving. • . • 

An Act making' approprintions to the Illinois Institution for 
the Education of the Deaf and Dumb. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the following 
sums be and are herebj^ appropriated to the Illinois Institution 
for the Education of the Deaf and Dumb: 

For the extension and improvement of the grounds of the in- 
stitution, ten thousand dollars ($10,000). 

For the purchase of engine to run electric light plant, twelve 
hundred dollars (1,200). 

For street improvements, paving, etc., six thousand dollars 

(16,000). 

§ 2. The mone^^s herein appropriated shall be due and paya- 
ble to the trustees of the aforesaid institution, or their order, 
on the terms and in the mq^nner now provided by law. 

Approved May 27, 1889. 



APPROPKIATIOXS. 19 



EYE AND EAR INFIRMARY. 

§ 1. Appropriates $;3,352. - • ' 

An Act making appropriations for the Illinois Charitable Eve 
and Ear Intirmary, at CMcago. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there is here- 
by appropriated to the IlHiiois Charitable Eye and Ear Infirm- 
ary, at Chicago, for paving Peoria street, (assessment) the sum 
of four hundred and two dollars (1402). 

For painting the buildings, the sum of nine hundred and fifty 
dollars ($950). 

For additional furniture, the sum of two thousand dollars 
(12,000). 

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

Approved May 27, 1889. 



EASTERN hospital FOR THE INSANE. 

§ 1. Appropriate -1 S63.4(Hi for repairs, im- I § 2. How drawn; limitations. ' "' 

provements and machinery. I 

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

Section 1. Be it enacted by the People of the State of Illi- 
nois, 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 herein- 
after named, and for no other: 

Enlarging main kitchen, with cooking apparatus, six thousand 
and five hundred dollars (16,500). 

Enlarging la.undrv building, with machinerv, seven thousand 
dollars ($7,000). 

Straw barn and wagon shed, one thousand eight hundred 
dollars ($1,800). 



20 



APPROPRIATIONS. 



Additional electric lig-hts and njacliinei'v, seven thousand five 
hundred dollars (|7,500). 

Concrete floors in basement corridors, and in walks, one thou- 
sand six hundred dollars ($1,600). 

Completing south wing- of emploves' quarters, fifteen thousand 
dollars (115,000). 

Converting old farm house into cottage for 20 patients, and 
building new farm house, two thousand dollars ($2,000). 

Root house, one thousand dollars ($1,000). 

Land drains and re])air of sewer, two thousand dollars 

($2,000). 

Coal sheds, one thousand five hundred dollars ($1,500). 

Furniture and fixtures, ten thousand dollars ($10,000). 

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

§ 2. The moneys herein appropriated shall be due and paya- 
ble to the trustees, or their order, only on the terms now pro- 
vided by law: And. provided, further, that the sums hereby ap- 
propriated 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 appropria- 
tions are sufficient to complete all the said improvements and 
finish the same. 

Approved Msij 27, 1889. 



EXECUTIVE MANSION, REPAIRING AND FURNISHING. 



1. Approp.iates f 13,500 for repairing 
and furnishing the Executive Man- 
sion. 



§ 2. Appoints three trustees to superin- 
tend tlie work, disburse the fund, 
make contracts, etc. 

§ 3. How drawn. 



An Act making- an approrpiation for repairing- the Executive 
Mansion and for furnishing- the same. 



Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there is hereby 
appropriated the sum of thirteen thousand five hundred dol- 
lars foi' the purpose of repairing the Executive Mansion, and 
for furnishing the same. 



APPROPRIATIONS, 21 



§ 2. That N. B. Wiggins, George Passfield and Edward L. 
Merritt be and they are hereby constituted trustees, who shall 
have power to contract for all materials and labor, and su- 
perintend the repairs and furnishing of said Executive Mansion. 
Said trustees shall keep an itemized account of all expenditures 
made under this act, and shall report the same to the next 
session of the General Assembly, with vouchers for all moneys 
paid out by them. All material furnished and labor performed 
shall be let by contract to the lowest responsible bidder, the 
trustees having the power to reject any or all bids: Provided, 
said trustees shall serve without compensation. 

§ 3. The money hereby appropriated shall be paid upon bills 
of particulars certified to by the architect, who shall be ap- 
pointed by the trustees, and approved by the trustees, or a 
majority of them, and the Auditor of Public Accounts shall, on 
presentation of proper vouchers, draw his warrant on the 
Treasurer therefor, and the Treasurer is hereby directed to pay 
the same out of any moneys in the treasury not otherwise ap- 
propriated. 

Approved Mav 10, 1889. 



FEEBLE MINDED CHILDREN ASYLI'M. 

§ 1. Appropriates §44,500 for buildings I § 2. How drawn. 

and electric light plant. • 1 • .. . 

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

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the following 
sums be, and are hereby appropriated to the Illinois As\^lum 
for Feeble-Minded Children at Lincoln, for the purposes herein- 
after named : 

For the erection of a building for custodial cases, and for 
furnishing and heating the same, forty thousand dollars. 

For the purchase of an electric light plant, four thousand five 
hundred dollars. 

§ 2. The moneys herein appi'opriated shall be due and pay- 
able to the trustees of the aforesaid institution on their order, 
on the terms and in the manner now provided by law. 

Approved May 25, 1889. 



22 APPROPRIATIONS. 



GENERAL ASSEMBLY — INCIDENTAL EXPENSES. 

§ 1. Appropriates 810,000 for the ineiden- I § 2. How drawn, 
tal 'expenses of the 36th General § 3. Emergency. 
Assembly. | 

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

Section 1. Be it enacted by the People of the State of flli- 
nois, represented in the General Assembly: That the sum of 
ten thousand dollars (f 10, 000), or so much thereof as may be 
required, is hereby appropriated to pay the incidental expenses 
of the Thirty-sixth (ireneral Assembly, or either branch thereof, 
or by the Secretary of State in the discharge of the duties im- 
posed on him by law, or by the direction of the General 
Assembly, or either branch thereof; all expenditures to be cer- 
tified to by the Secretary of State and approved by the Gov- 
ernor. 

§ 2. The Auditor of Public Accounts is hereby authorized 
and directed to draw his warrant upon the State Treasurer for 
the sum 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, 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 1, 1889. 



GENERAL ASSEMBLY — PAY OF EMPLOYES. 

§ 1. Appropriates $65,000 to pay the em- I § 2. Emergency, 
ployes of the 36tli General Assembly 

An Act making appropriation for the payment of the employes 
of the Thirty-sixth General Assembly. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there be and 
is hereby appropriated the sum of sixty -five thousand dollars 
(f 65, 000), or so much thereof as may be necessary, to pay the 



APPROPRIATIONS. 23 



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

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

Approved January 30, 1889. 



GENERAL ASSEMBLY AND SALARIES STATE OFFICERS. . . 

§ 1. Appropriates §882, 000 for the pay of the officers and members of the 37th General 
Assembly and for the salaries of State oiificers. 

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

Section 1 . Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there be and 
hereby is appropriated the sum of eight hundred and eighty- 
two thousand dollars (f 882, 000), or such sum as may be neces- 
sary to pay the ottieei's and members of the next General As- 
sembly, and the salaries of the officei-s 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 As- 
sembly. 

Appoved Mav 27, 1889. 



: . GETTYSBURG MONUMENT. 

§ 1. Appropriates S6,000 to erect a monu- § 2. Hcav drawn, 
ment on the baUle-t'eld of Gettys- 
burg where the Illinois soldiers 
opened the battle; appointment of 
commissicners to erect. 

An Act to appropriate six thousand dollars to erect a mark on 
the Gettysburg battle-field where the Illinois troops opened 
the engagement of said battle. 

"Whereas, all the loyal States of the Union having had troops 
engaged in that memorable battle have made liberal appropria- 
tions to erect suitable marks where their troops were engaged, 
and 



24 APPEOPRIATIONS. 



"Whereas, The 8th Illinois Cavalry, commanded by Major 
John L. Beveridge, opened the engagement on that memorable 
field, and the 12th Illinois Cavalry commanded by Capt. Geo. 
W. Shears, and the 82d Illinois Infantry, commanded by Lieut. 
Col. Edward S. Solomon, participated in said engagement and 
all were conspicuous for their bi-avery, in winning the grand and 
decisive victory of the late war, therefore."' 

Section 1. Be it enacted by the People of the State of Illi- 
nois represented in the General Assembly : That the sum of six 
thousand dollars (f6,000), is hereby appropriated to procure 
and erect a suitable mark upon the spot where the Illinois 
troops opened the battle of Gettysburg, and that the Governor 
is hereby authorized to appoint three (3) commissioners, one 
present on the field of battle from each command, who shall 
procure and have erected said mark at a cost not to exceed the 
appropriation hereby made, and that such commissioners serve 
without pay. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant upon the Treasurer for the sum 
herein specified to said commissioners when appointed, upon pre- 
sentation of the proper authority from the Governor for the 
same, and the State Treasurer shall pay the same out of any 
funds in the State treasury not otherwise appropriated. 

Approved May 19, 1889. 



T. A. HOFFMAX. 

§ 1. Appropriates M66 for taxes paid in error. 

An Act appropriating the sum of one hundred and sixty-six 
dollars to T. A. Hoffman to reimburse him for State tax paid 
on twenty-three lots in the addition of the school commis- 
sioners of Morgan county to the town of Beardstown, before 
the same were subject to taxation by law. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there is hereby 
appropi'iated out of any moneys in the treasury not otherwise 
appropriated, the sum of one hundred and sixty-six dollars to 
reimburse T. A. Hoffman for State taxes paid by him on pro- 



APPROPRIATIONS. 25 



pertj not subject to taxation, and the Auditor of Public Ac- 
counts is hereby directed to draw his warrant on the State 
Treasurer for that sum, payable to T. A. Hoffman. 

Approved June 3, 1889. 



HORTICULTURAT. SOCIETY. 

§ 1. Appropriates $4,000 per annum in aid of the society. 

An Act making- an appropriation in aid of the Illinois Horti- 
cultural Society. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there be and 
hereby is appropriated for the use of the Illinois State Horti- 
cultural Society, the sum of four thousand dollars (f4,000) \)ev 
annum: Provided, however, that no portion thereof shall be 
paid for, or on account of any salary, or emoluments of any 
officer of said society, except the secretary, who may receive 
not to exceed four hundred dollars per annum, and that at 
least one thousand dollars (f 1,000) of said sum be expended by 
said board in experimenting in the growth, care and develop- 
ment of the horticultural interest for the years 1889 and 1890, 
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 21r, 1874. 

Approved Mav 17, 1889. ' . ' 



26 



APPROPRIATIONS. 



HOSPITALS FOR THE INSANE. 



§ 1. Appropriates S120,000 each to the Cen- 
tral, Northern and Southern Hos- 
pitals for the Insane, for new build- 
ings. 

§ 2. One new building to be erected at 
each of the thi-ee hospitals named, 
for the care of not less than 300 
patients. 

§ 3. Plans and specifications. 

§ 4. Appropriation; how drawn. 



State to be divided into districts by 
the State Board of Charities, ap- 
p:oved by the Governor. 

Transfer of patients to adjust quotas 
of districts. 

Patients committed as paupers; set- 
tlement of accounts by counties; 
deUnquent accounts. 

Act of 1881, districting the State, re- 
pealed. 



An Act making additiojml provision for the insane and appro- 
priating moneys therefor; also providing for the assignment 
to the several counties of quotas in the State hospitals for 
the insane, and for the collection of moneys due to said hos- 
pitals from said counties; also repealing an act entitled ""An 
act to secure equality among the counties in the matter ot 
admission of patients into the State hospitals for the insane, 
and to provide for the transfer of patients from one hospital 
to another, and for settlement with such hospitals by the 
counties, and to repeal former acts upon the same subject,"' 
approved May 28, 1881, and in force July 1, 1881. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That for the purpose 
of making provision for the cure of nine hundred additional 
patients in the hospitals for the insane of this State, there be 
and is hereby appropriated to the Northern Hospital for the In- 
sane, at Elgin, one hundred and twenty thousand dollars; to the 
Central Hospital for the Insane, at Jacksonville, one hundred and 
twenty thousand dollars; and to the Southern Hospital for the 
Insane, at Anna, one hundred and twenty thousand dollars, or so 
much of said sums as may be necessary, out of any moneys in 
the State treasury not otlierwise appropriated, to be expended as 
hereinafter directed. 

§ 2. The sums herein appropriated shall be in full for the 
erection, completion, furnishing, heating, lighting, and prepar- 
ing for use and occupancy, at each of the hospitals named, by 
not less than three hundred patients, together with the neces- 
sary officers, attendants and employes for their proper care, of 
one or more buildings, which may, at the discretion of the trus- 
tees, be detached from the present structures and from each 
other, but no plans shall be adopted or executed which involve 
the expenditure for this purpose of a sum greater than the 
amount herein apj^ropriated, and in case the present appropri- 
ation for each of said hospitals for the insane shall prove 



APPKOPRIATIOXS. 27 



insufficient to accomplish fully the end sought in this act, then 
no portion of the same shall be drawn from the treasury of 
the State. 

§ 8. The trustees of each of said hospitals shall, immediately 
upon the taking effect of this act, cause plans and specifications 
to be prepared for the construction and completion of said ad- 
ditional buildings, or the superintendents of the said hospitals, 
under the direction of the boards of trustees, may procure plans 
and have general charge and supervision of the work of con- 
tracting and furnishing these additions. 

§ 4. The moneys herein appropriated shall be paid only on 
the terms and in the manner now provided by law. 

§ 5. From and after the taking effect of this act, the State 
Commissioners of Public Charities shall have power to divide 
the State into districts, for the purpose of regulating the ad- 
mission of patients into the State hospitals for the insane, and 
to fix the quota of each county therein, so as to secure equality 
among the counties, and to promote their convenience in this 
regard. x\nd the said commissioners shall have power to change 
the boundaries of said districts, from time to time, as may be 
necessarj" or expedient: Provided, that any regulations which 
they may make on this subject shall not have the force of law 
until after they shall have been submitted to the Governor and 
approved by him: And provided further, that the Governor 
shall cause to be printed, and distributed to the counties to be 
affected thereby, a sufficient number of copies of the schedule 
of districts and quotas approved by him. 

§ 3. The State Commissioners of Public Charities shall cause 
such transfers of .patients to be made between the several hos- 
pitals for the insane in this State, as shall be necessary to ad- 
just the population of said hospitals to the districts assigned 
them: Provided, that a reasonable time shall be allowed for 
such readjustment: And, provided, further, that the cost of 
such transfers shall be charged to the counties or individuals, 
as the case may be, affected thereby, and shall be collected as 
other debts due the State hospitals are collected by law. 

>J 7. The county board or board of supervisors, as the case 
may be, of any county from which there are or hereafter may 
be patients committecl as paupers to any of the State hospitals 
for the insane, is hereby directed and required to make settle- 
ment in full as often as once in every six months, for all just 
charges for clothing and other proper incidental expenses, and 
to pay the amount due said hospitals in money or negotiable 
pa]3er worth its face without discount. In case any county 
shall fail or refuse to pay au}^ just and reasonable account pre- 
sented by any of the State hospitals for the insane, and the 
same shall remain unpaid for one year after it is due, then the 
trustees of said hospital shall apply to the Circuit Court in 
and for said delinquent county, for a,, writ of mandamus 



28 APPROPRIATIONS. 



upon the county treasurer of said county, requiring- him to pay 
the said over due account, and upon proof made of the justice 
of such claim, the Circuit Court shall issue such Avrit. 

§ 8. An act entitled "An act to secure equality among the 
counties in the matter of the admission of patients into the 
State ho-^pitals for the insane, and to provide for the transfer 
of patients from one hospital to another, and for settlement 
with such hospitals by the counties, and to repeal former acts 
upon the same subject," approved May 28, 1881, and in force 
July 1, 1881, is hereby repealed. 

Approved June 1, 1889. 



WILLIAM A. HOWETT. 

§ 1. Appropriates $143 to Wm. A. Howett as salary as State's Attorney of Montgomery 

County. 

An Act to authorize the Auditor of State to pay to William 
A. Howett, the sum of one hundred and forty-three dollars, 
as compensation for his services as State's Attorney pro tern. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the Auditor 
of State is hereb,y authorized to draw his warrant in favor of 
William A. Howett, for the sum of one hundred and forty-three 
dollars (fl4>^), out of moneys heretofore appropriated for pay- 
ment of salaries, in payment for his services as State's Attor- 
ney of Montgomery county pro tem., from December 20, 1888, 
to April 2, A. D. 1889, to fill vacancy caused b}^ the death of 
William Pearman, of said coimty. And this amount shall be in 
full compensation for his services. 

Approved May 23, 1889. 



APPROPRIATIONS. 29 



CUSTODIAN LINCOLN HOMESTEAD. 

§ 1. Appropriates S2,000 for salary and 8300 for repairs. 

An Act making- an appropriation for the salary of the Custo- 
dian of the Lincohi Homestead, and tor repairs on the same, 
for two rears from July 1, 1889. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the sum of 
two thousand dollars (f 2,000) is hereby appropriated for the sal- 
ary of the Custodian of the Lincoln Homestead, and three 
hundred dollars (f300) for repairs on the same, for the two 
years beginning July 1, 1889, to be paid out of any moneys in 
the treasuiy of the State, not otherwise appropriated, on war- 
rants of the Auditor upon the Treasurer, on the direction of a 
majority of the Board of Lincoln Homestead Trustees ; the 
same to be paid from time to time as it may be required, and 
as the said board may direct. 

AppRoyED Maj^ 27, 1889. , . « 



LOGAN MONUMENT. 

§ 1. Amends section 3, act of 1887, by re-appropriating the sum of ?50,00> to erect a 
monument to the memory of Gen. Joliu A. Logan. 

An Act to amend Section three~{3) of an act entitled ''An act 
to appropriate fifty thousand dollars ($50,000) to erect a 
Monument to John A. Logan, and for the appointment oi 
Commissioners therefor,'' approved February 10. 1887, as 
amended by an act entitled '■'■An act to amend Section one 
(1), to add Section four (4), and to amend the title of an act 
entitled 'An act to appropriate tiity thousand dollars ($50,000) 
to erect a monument to John A. Logan, and for the appoint- 
ment of Commissioners therefor,' approved February 10, 
1887, and to add the emergency clause to said act, as Section 
four (4)," approved May 3, 1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section tlu^ee 
(3) of an act entitled "An act to appropriate fifty thousand 
dollars ($50,000) to erect a monument to John A. Logan, and 
for the appointnient of Commissioners therefor,'' as amended by 
an act entitled ' 'An act to amend section one ( 1 ) , to add section four 
(4), and to amend the title of an act entitled 'An act to appro- 



30 APPROPRIATIONS. 



priate fifty thousand dollars ($50,000) to erect a monument to 
John A. Loo-an, and for the appointment of Commissioners 
therefor,' approved February 10' 1887, and to add the emer- 
gency clause to said act as Section four (4)," approved May 3, 
1887, be and the same hereby is amended so as to read as fol- 
lows : 

Section 3. For the purpose of defraying the costs of such 
Monument beyond such amounts as may be received b3" volun- 
tary contribution, the sum of fifty thousand dollars (.f50,000) 
is hereby appropriated out of the State Treasury, and the 
Auditor of Public Accounts is hei'eby authorized to draw his 
warrant on the State Treasurer for such amount, payable out 
of any moneys in the Treasury'' not other\vise appropriated, in 
favor of the Treasurer of such Commissioners, upon the request 
in writing of a majority of such Commissioners, and any unex- 
pended balance remaining after the completion of said ]Monu- 
ment" shall be by such Commissioners paid into the State Treas- 
ury, and said Commissioners shall make report of their action 
to the Governor. 



Approved May 21, 1889. 



NORTHERN HOSPITAL FOR THE INSANE. 

§ 1. Appropriates $21,490 for repairs, improvements and machinery. 

An Act making appropriations for the Illinois Northern Hospital 
■' for the Insane, at Elgin. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the following- 
amounts be, and are hereby, appropriated to the Illinois North- 
ern Hospital for the Insane, at Flgin, for the purposes herein- 
after named, and for no other: 

For- renewal of plumbing in north and south wings and rear 
buildings of hospital, etc., seven thousand dollars fr,000). 

For renewal of laundry machinery, new appliances, shafting, 
etc., one thousand dollars (.f 1.000). 

For equipment of work shops for patients, bakery, engineer's 
departments and soap room, two thousand dollars (f2,000). 

For new barn and stock sheds four thousand five hundred 
dollars (|4,500). 

For building for feed storage with stone basement and con- 
nected to old barns by enclosed sheds, one thousand four hun- 
dred and ninety dollars (|1,490). 



APPROPRIATIONS. 31 



For new piggerv and vard enclosures, five hundred dollars 

(•foOO.) 

For fire-proofing of basement of hospital buildings, two 
thousand dollars (|2,000). 

For inside and outside painting, six thousand dollars ($6,000). 

The monej^s herein appropriated shall be due and payable to 
the trustees of said Illinois Northern Hospital for the Insane, 
at Elgin, or their order, as is now prescribed by law, except as 
herein otherwise provided. 

Approved May 27, 1889. 



LABORATORY OF NATURAL HISTORY AND STATE ENTOMOLOGIST. 

§ 1. Aprropriations S5,250 per annum for I § 2. How drawn. 

salaries, and expenses, and SI, 000 „ „ -r^ i- ^ *-u- . 
. , § 3. Duration of this a«t. 

special. I . 

An Act waking an appropriation for the ordinary expenses of 
the State Laboratory of Natural History, for the improve- 
ment of the Hbrary thereof and for the expenses of the State 
Entomologist's office. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly : That there is hereby 
appropriated to the State Laboratory of Natural History, for 
the field work and the office and incidental expenses, the sum 
of one thousand dollars ($1,000) per annum. 

For the improvement of the library, the sum of five hundred 
dollars ($500) per annum. 

For salaries and assistance the sum of three thousand dollars 
($3,000) per annum. 

For the publication of bulletins, the sum of five hundred 
dollars ($500) per annum. 

For the illustration of the biennial report of the State Ento- 
mologist the sum of two hundred and fifty dollars ($250) per 
annum. 

For building an entomological laboratory and breeding room, 
the sum of one thousand dollars ($1,000). 

§ 2. The Auditor oi Public Accounts is hereby authorized and 
directed to draw his W' arrant on the Treasurer for the sums 
hereby appropriated, upon the order of the president of the 
board of trustees of the University of Illinois, attested by its 



32 APPEOPRIATIONS. 



secretary, and with the corporate seal of the University: Pro- 
ridfid, That no part of said sums shall be due and payable to 
said institution until satisfactor3' vouchers in detail, approved 
by the Governor, shall be filed with the Auditor for all previous 
expenditures incurred by the institution on account of appro- 
priations heretofore made: And provided, farther, 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. 

§ 3. This act shall be and continue in force from the first 
day of July, A. D., 1889, until the expiration of the first fiscal 
quarter after the Adjournment of the next General Assembly. 

Approved May 21, 1889. 



MARY ISABELLA MYERS AND HARIETT A. C. TALBOTT. 

S 1. Appropriates 8640 to Mary Isabella § 2. How drawn. 
Myers and Harriett A. C. Talbott, 
as the heirs at law of Walter Cowan 
for damages to lands. 

Ax Act to re-appropriate six hundred and forty dollars to Mary 
Isabella Myers and Harriet A. C. Talbott, lieirs-at-law, of 
Walter Cowan, deceased. 

Whereas, In the act of the Thirty-first General Assembly, 
approved May 31, 1879, in force July 1, 1879, providing- for 
"compensation to parties sustaining damages by reason of the 
construction of the dam over the Illinois river near Heniy, in 
Marshall county, Illinois,'' there was appropriated to the ''heirs- 
at-law of Isabella Myers, deceased, and Harriet A. C. Talbott," 
the sum of six hundred and forty dollars; and, 

AVhereas, The real claimants in said matter were "]\Iary Isa- 
bella Myers and Harriet A. C. Talbott, only heirs-at-law of 
Walter Cowan, deceased," but by clerical error they were described 
as hereinbefore above stated; and. 

Whereas, The said sum so appropriated has not been paid, 
but has lapsed and been carried back into the general funds of 
the Treasurer; now% therefore, 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the sum of 
six hundred and fortj^ dollars be and the same is hereby ap- 
propriated and set apart out of any moneys in the State treas- 
ury not otherwise appropriated, to pay to Maiy Isabella Myers 



APPROPRIATIONS. 33 



and Harriet A. C. Talbott, heirs-at-law of Walter Cowan, de- 
ceased, for damages sustained by reason of the construction of 
the dam over the Ilhnois river, near Henry, in Marshall county, 
Illinois. 

§ 2. The foregoing appropriation, and the payment thereof, 
shall be subject to the same provisions of the said act of the Thir- 
ty-first General Assembly, approved Ma}' 31, 1879, in force July 
1, 1879, providing for compensation to parties sustaining dam- 
age by reason of the construction of said dam. 

Approved May 25, 1889. 



NATIONAL GUARD. 

§ 1. Appropriates 580,000 per annura for I § 2. How drawn, 
ordinary and contingent expenses. I 

An Act to Provide for the Ordinary and Contingent Expenses 
of the Ilhnois National Guard. 

Section 1. Be it enacted by the People of the State of Illi- 
nois represented in the General Assembly: That the sum of 
eighty thousand dollars (f80,000) per annum, or so much 
thereof as may be necessary, be and the same is hereby appro- 
priated to meet the ordinary and contingent expenses of the 
Illinois National Guard. 

§ 2. The Auditor of Public xiccounts is hereby authorized and 
directed to draw his warrant on the Treasurer for the sums 
herein specified, upon the presentation of proper vouchers, cer- 
tified to by the Adjutant General and approved hj the Gover- 
nor, and the treasurer shall pay the same out of the proper 
funds. 

Approved May 29, 1889. 



t • 



—3 



34 



APPROPRIATIONS. 



PENITENTIARY AT JOLIET — REPAIRS AND IMPROVEMENTS. 



1. Enacting clause. 

2. Appi-opriates for repairs and improve- 

ments 57,500 per annum. 



§3. 



For improvement of water system, 
S4,000. 



§ 4. How drawn. 



An Act making appropriation for repairs and impjrovement in 
the Illinois State Penitentiary at Joliet. 

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

§ 2. For painting, relaying floors, repairing walls, roofs, build- 
ings, steam and water pipes, engines, boilers and machinery, and 
making such other repairs as may be required to keep the build- 
ings, walls, grounds and appurtenances of the said penitentiary 
in as good condition as they now are, the sum of seven thou- 
sand five hundred dollars ($7,500) per annum, or so much 
thereof as may be necessary, from the first day of July, 1889, 
to the expiration of the first fiscal quarter, after the adiournment 
of the next General Assembly. 

§ 3. For putting four new iron water supply tanks, pipes and 
connections, the sum of four thousand dollars ($4,000) or so 
much thereof as may be necessary. 

§ 4. The Auditor of Public Accounts is hereb}^ authorized to 
draw his warrants upon the State Treasurer for the moneys 
herein appropriated, upon the order of the commissioners of 
the said penitentiary, signed by the president and attested by 
the secretary, with the seal of the said penitentiary thereto 
attached. 

Approved May 21, 1889. 



penitentiary at joliet — employment of convicts. 



§ 1. Appropriates flOO.OOO for current ex- § 2. How drawn, 
penses and to purchase tools, ma- 
chinery and materials for the em- 
ployment of convicts. 

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

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the sum of 



APPROPRIATIONS. 35 



one himdred thousand dollars ($100,000). 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 
Illinois 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 b3^ the expiration of any contracts now 
in force; and the commissioners of said penitentiary are hereby 
g.uthorized to expend so much of the amount hereby appro- 
priated as may be necessary for tools, machinery and raw 
material, sufficient to keep employed all prisoners in said peni- 
tentiary who may become idle as herein stated, and to provide 
for the sale of goods therein manufactured ; and the said com- 
missioners shall employ said prisoners at such occupation or 
occupations as are best adapted to secure their health, discip- 
line and reformation. 

§ 2. The Auditor of Public Accounts is hereby authorized to 
draw his warrant upon the State Treasurer for the moneys 
hereby appropriated, upon the order of the board of commis- 
sioners of the said penitentiary, signed by the President and 
attested by the Secretary, with the seal of said institution 
thereto attached. 

Approved May 25, 1889. 



PENITENTIARY, SOUTHERN — ORDINARY EXPENSES AND REPAIRS. 

§ 1. Appropriates 565,000 per annum for ordinary expenses and to keep convicts em- 
ployed, and $3,000 per annum for repairs and refurnishing; $15,400 for 
contingent expenses and improvements. 

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

Section 1. Be it enacted by the People of the State of Illi- 
nois, '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 Peniten- 
tiary, for the purposes hereinafter named and no other. 

For ordinary expenses for the two years ending June 30, 
1891, and to enable the commissioners of said penitentiary to 
keep employed all prisoners who may be left without employ- 
ment by the expiration or forfeiture of any contracts now in 
force; and the commissioners of said penitentiary are hereby 



3G APPROPRIATIONS. 



authorized to expend so much of the amount hereby appro- 
priated as may be necessary for tools, machinery, fixtures and 
material sufficient to keep employed all prisoners in said peni- 
tentiary, who may become idle, as herein stated, and to pro- 
vide for the sale of goods therein manufactured, and said com- 
missioners shall employ said prisoners at such occupation or 
occupations as are best adapted to secure their health, dis- 
cipline and reformation, sixty-five thousand dollars (f65,000) 
per annum. 

For two steam boilers, twenty-four hundred dollars ($2,400). 

For repairs and refurnishing, three thousand dollars ($3,000) 
per annum. 

For contingent expenses, ten thousand dollars ($10,000). 

For furnishing new cell house, three thousand dollars ($3,- 
000). 

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

Approved May 29, 1889. 



PORTRAIT OF GOVERNOR RICHARD J. OGLESBY. 

§ 1. Appropriates not to exceed $500 for a portrait of Governor Eieliard J. Oglesby for 

the Executive Mansion. 

An Act entitled "An Act to appropriate money for the paint- 
ing of a portrait of Richard J. Oglesby." 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly: That there be, 
and is hereby, appropriated out of the monej^ in the treasury, 
not otherwise appropriated, a sum sufficient to have painted 
and framed a portrait of Governor Eichard J. Oglesby, to be 
hung in the Executive Mansion: Provided, said amount shall 
not exceed five hundred dollars, to be paid on order of the 
Secretary of State and approved by the Governor. 

Approved May 25, 1889. 



APPROPRIATIONS. 



37 



JOHN B. RICE. 



§ 1. Appropriates S^l.lTO to John B. Rice, 
for damages to cows on account of 
QLuarantine. 



§ 2. How drawn; Tquidates damages in 
full. 



An Act to reimburse the owner of cows that were qum'antined 
by the State Board of Live Stock Commissioners in Septem- 
ber, 1886, for the cost thereby incurred. 

Whereas, the State Board of Live Stock Commissioners, on 
or about the 19th day of September, A. D. 1886, 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 quarantine from that time until March 22, 1887; and 

Whereas, during said period of time, the owner was required 
to feed and care for said cattle at his (the owner's) expense, 
and to continue to do so after all control and use of said cat- 
tle was denied him by said board; and 

Whereas, the owner was 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 expenses amounting to about twenty cents (20c) 
per diem for each cow, besides the time of the owner was con- 
tinued, and having ascertained that the following sum is an 
equitable allowance, w'hich should be paid by the State to John 
B. Eice, who has suffered as aforesaid; therefore 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the sum of 
eleven hundred and seventy dollars (fl,170) be, and the same 
is hereby appropriated to pay John B. Rice for his damages 
suffered as aforesaid. 

§ 2. The sum herein appropriated shall be in full satisfaction 
for aU claims for damages by said John B. Rice, in respect to 
said cattle, and the Auditor of Public Accounts shall issue his 
warrant on the State Treasurer for the amount herein appro- 
priated to the said John B. Rice, or his legal representative, 
and the State Treasurer is hereby authorized to pay the same 
out of any money in the State Treasury not otherwise appro- 
priated. 

Approved May 21, 1889. 



38 



APPROPIilATIONS. 



SOLDIERS ORPHANS 



HOME — BUILDIXC4 PURPOSES. 
AND CONVEY LANDS. 



ALSO TO SELL 



1. Authorizes the trustees to sell and 
convey certain lands; sale to be 
made at public auction to the highest 
bidder; notice of sale. 



Appropriates f66,618 for building pur- 
poses, and 84,000 for the purchase of 
land. 



An Act making an appropriation to the Soldiers' Orphans' 
Home and authorizing it to conre,y certain real estate. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the trustees of 
the Soldiers' Orphans' Home at Normal, are hereby authorized 
to sell and convey any or all of the real estate now belonging- 
to the State of Illinois, and held in trust bv that institution, 
except lots 2, 3, 4, 5, 14, 15, 16, 17, 18, 19 and 20, in the 
"Home Addition to Normal," and used as the premises of the 
said Home, and that the proceeds of any sale or sales made 
under the provisions of this section be paid into the treasury 
of the said Home, for the purpose of making any necessary im- 
provements which the trustees may direct: Provided, that no 
sale shall be made except at public auction and on the premises 
to be sold, to the highest bidder, and after the same has been 
advertised by notice, giving the time, place and terms of sale, 
at least three weeks next, prior to the day of sale, by publica- 
tion in a newspaper published in the county where the premises 
to be sold are situated. 

§ 2. That there be and are hereb}" appropriated for the pur- 
poses hereinafter named, the following amounts namely: 

For the erection and furnishing of a chapel, dining room and 
connecting corridors, and for the reconstruction and enlarge- 
ment of the boiler house, kitchen, bakery, laundry, water closets, 
steam heating and plumbing, and for an addition to the school 
building and changes in the ventilation of the main building 
and for an electric light plant for the house, sixty-six thousand 
six hundred and eighteen dollars (1(56,618). 

For the purchase of lands, four thousand dollars ($4,000). 

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

Approved May 25, 1889. 



APPROPRIATIONS. 



39 



SOLDIERS AND SAILORS HOME. 

§ 1. Appropriates $21,000 for buildings and improvements. 

An Act making appropriations for the Illinois Soldiers' and 

Sailors' Howe. 

Section 1. Be it enacted by the people of the State of Illi- 
nois, represented in the General Assembly: That the following- 
amounts be and are hereby appropriated to the Soldiers' and 
Sailors' Home at Quincj for the purposes herein named: 

For barns, stables, shops and outbuildings, five thousand 
dollars. 

For roads, walks and improvement of grounds, two thousand 
dollars. 

For cold storage house, two thousand dollars. 

For additional cottage to accommodate sixty men, furnished 
and with necessary heating apparatus and equipments, twelve 
thousand dollars. 

§ 2. The monej^s herein appropriated shall be due and pay- 
able to the triistees or their order, on the terms and in the 
manner now provided by law. 

Approved May 27, 1889. 



STATE government, ORDINARY AND CONTINGENT EXPENSE. 



§ 1. Appropriates for tlie ordinary and 
contingent expenses of the state 
government $1,374,200 per annum, 
and $72,970 special, as follows: 

1-5. To tlie Governor per annum $10,700. 

6-7. To the Secretary of State per annum, 
$37,400; special, $1,250. 

8. Heating department of State House, 

$15,000 per annum. 

9. Lighting the State House, $4,000 per 

annum, and $4,000 special. 

10. Library, per annum, $2,500. 

11. Paper and stationery, per annum, 

§13.000. 



1?. Printing, $30,000; binding, §10,000 per 
annum. 

13. Copying laws, $600; for distribution 

of laws and State documents, $500; 
for expressage and postage on 
same, $1,200 per annum. 

14. Supreme Court reports ($7,000) est. 

15. To the Auditor Public Accounts, per 

annum, $11,400. 

16. S'ate suits, per annum, $2000. 



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

Fugitives from justice, per annum, 
$15,000, and for rewards for arrest, 
$3,000. 



40 



APPROPRIATIONS. 



19. Conveying offenders to the Reform 

School, per annum, $5,000. 

20. State Board of Equalization, per 

annum, «] 0,000. 

21. To the State Treasurer per annum, 

«9,000, 



22. Refunding taxes, etc., 



,000) est. 



30. Museum of Natural History, per an- 

num, »4,200. 

31. Railroad and Warehouse Commis- 

sioners, per annum, §10,200; special, 
S3,000. 

32. Southern Penitentiary, for library, 

per annum, 1350. 

33. Joliet Penitentiary for library, per 
annum, 1300. 



Statistics, per 



34. Bureau of Labor 

annum, f7,500. 

35. Live Stock Commissioners, per an- 

num, $60,000. 

36. Fish Commissioners, per annum, 

19,500; special, $500. 

37. State Board of Health, per annum, 

$9,000; special contingent, $10,000. 

38. Lieutenant Governor, for postage, 

per annum, $50. 

39. Committees 37th General Assembly, 

$1,000. 

1 2. How drawn. 



23. To the Superintendent of Public In- 

struction, per annum, 15,300; special 
$500. 

24. Interest on school fimd, per annum, 

$57,000. 

25. State school fund, per annum, $1,000,- 

000. 

26. To the Attorney- General, per annum, 

$6,600. 

27. To the Adjutant-General, per annum. 

$6,800. 

28. Board of Public Charities, per an- 

num, $7,500, 

29. Appellate and Supreme Courts, per 

annum, $20,150; special, $8,620.— Com- 
mission of Claims, per annum, $5,550. 

An Act to provide for the ordinary and contingent expenses of 

the State Government until the expuration 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 Illi- 
nois, represented in the General Assembly: That the following 
named sums, or so much thereof as may be necessary respec- 
tively 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 
defraying of such public expenses of the State Government as 
are unforeseen by the General Assembly, and not otherwise pro- 
vided 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 (14,000), per an- 
num, for private secretary to the Governor, for the perform- 
ance 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 one thousand dollars (f 1,000), 
per annum, for postage, expressage, telegraphing, fnrniture fur- 
nishing and other incidental expenses connected with the Gov- 
ernor's office, to be paid on bills of particulars, certified to by 
the Governor, 



APPROPRIATIONS. 41 



Fourth — To the Governor, for one porter, the sum of seven 
hundred dollars (1700), per annum, payable monthly. 

Fifth — To the Governor, for repairs and care of executive 
mansion and grounds, and for heating and lighting the execu- 
tive mansion, t'lree thousand dollars (.f3,000) 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 an- 
num; for two porters or messengers, the sum of seven hundred 
dollars ($700) each per annum: for stenographer and typewriter, 
the sum of one, thousand dollars (f 1.000) per annum; and for 
laborers, janitors, policemen and "svatchmen of the State House, 
who shall perform such duties as shall be assigned to them by 
the Secretar}' of State, the sum of six thousand dollars (.f6,000) 
per annum; all payable upon monthly pay rolls, duly cei'tified to 
by the Secretarj^ of State. To the Secretary of State, for repairs, 
postage, expressage, telegraphing and other incidental expenses 
of his office, a sum not exceeding three thousand dollars (f ^^000) 
per annum; and for the payment of all necessary incidental ex- 
penses incurred by the Secretary of State, in the care and cus- 
tody of the State House and grounds, and other State property, 
and in repairs and improvements of the same, and for the per- 
formance 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 (.fl2,500) per 
annum; all payable upon the bills of particulars certified to by 
the Secretary of State, and approved by the Governor. 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 con- 
tents 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 Seci-etary of State, as required by law, the 
sum of three thousand dollars (.f 3, 000) per annum, payable to 
the Secretary of State on his order. 

Seventh — To the Secretary of State, for the purj^ose of finish- 
ing the fitting up of the vaults in his office with fire proof iron 
boxes and book racks, the sum of twelve hundred and fifty dol- 
lars ($1,250), 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, to be paid upon bills of par- 
ticulars certified to by the Secretary of State, and approved 
by the Governor. 



42 APPROPRIATIONS. 



Ninth — For lighting the State Hou.se and other incidental ex- 
penses thereof, the sum of four thousand dollars (.f4,000) per 
annum; or so much thereof as may be necessary, and the sura 
of four thousand dollars (f4,000), or so much thereof as may 
be necessary, for the purchase of dynamos and other machinery 
and appliances foi* lighting the State House by electric light, 
to be paid on bills of particulars, certified to by the Secretaiy 
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 Librarj-, 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 one thousand dollars (f 1,000) 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 executive department, the sum of thirteen thousand dollars 
(|13 000) per annum, payable on bills of particulars certified 
to by the Board of Commissioners of State Contracts, and ap- 
proved by the Governor. 

Twelfth— For public printing the sum of thirty thousand dol- 
lars ($30,000) or so much thereof as may be required. Foi* 
public binding, ten thousand dollars (f 10,000) per annum, or 
so much thereof as may be required. The public printing and 
binding to be paid for according to contract, upon the certifi- 
cate of the Board of Commissioners of State Contracts, and 
approved by the Governor. 

Thirteenth — For copying the laws, journals and joint res- 
olutions of the General Assembly, as provided by law, six 
hundred dollars ($600). For distribution of laws, journals and 
other State documents, and incidental expenses connected there- 
with, the sum of five hundred dollars ($500), and for express- 
age and postage on same, twelve hundred dollars ($1,200), per 
annum, payable as provided by law. 

Fourteenth— Such sum as may be necessar}^ to enable the 
Secretary of State to purchase such volumes of the reports of 
the decisions of the Supreme Court as he is or may be required 
by law to purchase, to be paid on bills of pai-ticulars, 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, for stenographer and typewriter, the sum 
of one thousand dollars ($1,000) per annum, and for two por- 
ters or messengers, the sum of seven hundred dollars ($700) 
each per annum, all payable upon monthly pay rolls duly cer- 
tified to bv the Auditor of Public Accounts. To the Auditor of 



APPROPRIATIONS. 43 



Public Accounts, for repairs, postage, express charges, tele- 
graphiug and other incidental expenses incurred in the dis- 
charge of his duties, a sum not exceeding one thousand five 
hundred dollars ($1,500) per annum, payable upon bills of par- 
ticulars, certified to by the Auditor and approved by the Gov- 
ernor: Provided, no part of the amount hereby appropriated 
shall be used to pay the expense* of the insurance department 
of said office of Auditor of Public Accounts, and he shall report 
the annual exppnses of said insurance department to each Gen- 
eral 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 particulars, certified to by the Auditor and ap- 
proved by the Govei"nor. 

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 penitentiary, in cases of new trial, oi' when used used as 
witnesses in criminal trials, to be paid on the warden's certifi- 
cate, at the compensation fixed by the genei-al 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 (f 15, 000) per annum, or so much 
thereof, as may be necessary, to be paid on the evidence re- 
quired by law, certified and approved by the Governor; and 
the sum of three thousand dollars ($3,000) for rewards for 
arrest of fugitives from justice, to be paid u])on bills of particu- 
lars, having the order of the Ciovernor endorsed thereon. 

Nineteenth — The sum of five thousand dollars ($5,000) per 
annum, or so much thereof as may be needed, for conveying 
juvenile offenders to the Reform School, at Pontiac, payable on 
the supmntendent's certificate of delivery, at the rate of com- 
pensation allowed by law: the Auditor to compute the distance 
by the nearest railroad route. 

Twentieth — To the State Board of Equalization, for paying 
expenses a sura 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 sum of eight 
hundred dollars ($800) per annum for messenger and clerk; all 
payable upon monthly pa^' rolls, duly certified to by the Treas- 
urer. 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 b,y the Governor. 



44 APPROPRIATIONS. 



Twenty-second — Such sums as may be necessary to refund the 
taxes on real estate sold or paid in error, and for over-pa3^- 
ment 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 
services, and also additional clerical services the sum of seven 
hundred dollars (|700) per annum; all pa^^able upon monthly 
paj^ rolls, duly certified to by the Superintendent of Public In- 
struction. To the Superintendent of Public Instruction, for 
postage and State examinations and other necessary expenses 
of said office, a sum not exceeding fifteen hundred dollars 
($1,500) per annum; and for refurnishing office, and for in- 
crease of professional library, five hundred dollars ($500), pay- 
able on bills of particulars, certified to by him and approved 
by the Governor. Appropriations made by this clause to be 
paid out of the State school fund. 

Twenty-fourth — The sum of fifty-seven thousand dollars (f 57,- 
000) per annum, or so much thereof as may be necessarv, to 
pay the interest on school fund, distributed annually in pursu- 
ance of law, the said amount to be payable from the State 
school fund. 

Twenty-fifth— The sum of one million dollars (11,000,000) 
annually, out of the State school fund, to pay the amount of 
the Auditor's orders for the distribution of said fund to the 
several counties, and for the payment of the salaries and ex- 
penses of county superintendents of schools, as now provided 
by law. The Auditor shall issue his Avarrants 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 stenographer, who shall also act as clerk, fourteen hundred 
dollars ($1,400) per annum; and for a porter and messenger, 
who shall also act as porter and messenger for the Supreme 
Court Reporte ■ the sum of seven hundred dollars ($700) per 
annum, payable upon monthly pay rolls duly certified to by 
the Attorney-General. To the Attorney-General, for telegraph- 
ing, postage and other necessary expenses incurred in the dis- 
charge 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 ap])roved 
by the Governor. 

Twenty-seven th^To the Adjutant-General, for clei-k hire in 
his office, the sum of three thousand dollars ($3,000) per 
annum: Provided, that in the employment of clerks and assis- 
tants in the Adjutant-General's office prefei-ence shall be given 
to Union soldiers, their widows and orphans; also the sum of 



APPROPRIATIONS. 45 



eight hundred dollars (f 800) per annum for postage, telegraph- 
ing, repairs and other necessary incidental expenses connected 
with the Memorial Hall and his office; for an assistant, and an 
ordnance_^ sergeant employed in the issue, receipt and care of 
public property at the State Arsenal and camp ground, and 
the custodian of flags and trophies in Memorial Hall, and for 
type-\Yriter, janitor and messenger service, the sum of three 
thousand dollars ($3,000) per annum, all paj^able ujjon monthly 
pa^'-rolls duly certified to by the Adjutant-General and ajjproved 
b3^ the Governor. 

Twenty-eighth — To the Board of Public Charities, for salary 
of secretary, a sum not to exceed three thousand dollars (f 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 cer- 
tified to by them and approved by the Governor. 

Twenty-ninth — There is hereby appropriated to defray the in- 
cidental 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 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 (|l,7o0) per annum, 
and also to the same division, fifteen hundred dollars ($1,500) 
for law books, carpets, furniture and refurnishing of the differ- 
ent rooms, and also the sum of eight hundred and seventy 
dollars ($870) for new roof ; to the Central Grand Division, the 
sum of seventeen hundred and fifty dollars ($1,750) per annum; 
to the Southern Grand Division, seventeen hundred and fifty 
dollars ($1,750) per annum; and in addition there is also ap- 
propriated to the Southern Grand Division the sum of two 
thousand two hundred and fifty dollars ($2,250) to repair the 
damages to the Supreme Court house caused by the cyclone of 
the 19th of February, 1888; all payable upon bills of particu- 
lars 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 re- 
spective 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 per- 
form 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 inciden- 
tal and contingent expenses of the Appellate Courts of this 



46 APPROPRIATIONS. 



State, to-wit : To the first district, for rent of court rooms, in- 
cluding; fuel and light, the sum of five thousand dollars ($5,000) 
per annum, and to the first district, for stationery, postage, 
expressage. repairs, furniture and other- expenses deemed neces- 
sary by said court, the sum of two thousand dollars ($2,000) 
per annum; to the second district, to the third district, and to 
the fourth district, each, the sum of one thousand dollars 
($1,000) per annum, for stationer^", fuel, lights, postage, ex- 
pressage, repairs, furniture and other expenses deemed necessary 
by the respective courts; these sums to be paid upon bills of 
13articulars, certified to by the clerks of the respective courts, 
and upon the order of at least two of the judges of the respec- 
tive courts for Avhich the expense was incurred. Also the sum 
of four hundred dollars ($400) per annum to each of the second, 
third and fourth districts, for the pay of janitors, to perform 
such duties as shall be determined by the judges of the respec- 
tive courts, to be paid upon the order of at least two of the 
judges of said courts for their districts ; also the sum of four 
thousand dollars ($4,000), to be expended in purchasing law 
books for the libr-ary of the Appellate Court of the first dis- 
trict, 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. 
There is also appropriated to the commission of claims, for the 
payment of salaries of commissioners, as provided by law, the 
sum of four thousand and fifty dollars ($4,050) per annum; 
and for the salaries of bailiff, assistant clerk, and messenger, 
who shall be appointed by the auditor, and for necpssary record 
books, files, stationery, postage, expressage, and other inciden- 
tals, the sum of fifteen hundred dollars ($1,500) per annum; 
all accounts to be certified by the Auditor of Public Accounts, 
except the salaries of commissioners to be cei'tified as now pro- 
vided by law, by the president of the commission. 

Thirtieth — For the salary of a curator of the Illinois State 
Museum of Natural History, the sum of two thousand dollars 
($2,000) per annum; for the salary of one assistant, the sum of 
one thousand dollars ($1,000) per annum, for the salary of one 
janitor nine hundred dollars ($900) per annum, payable monthly. 
For the contingent and necessary expenses of the curator, includ- 
ing 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 the Governor. 

Thirty-first — To the Railroad and Warehouse Commissioners, 
for the incidental expenses of their office, including care, station- 
ery, postage and telegraphing, extra clerk hire, and for the secre- 
tary's salary, and for all necessary expenditures, except those 
hereinafter provided for, a sum not to exceed four thousand dol- 
lars ($4,000) per annum. For any expenses incurred in suits or 
investigations commenced by authority of the State under auj 
law now in force or hereafter to be enacted, empowering or in- 



APPKOPRIATIOXS. 47 



structiug the Board of Comiiiissiouers, including the fees of experts 
employed, and clerical help 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 (13,000), or so much thereof as maybe 
needed for such purpose. For the printing and publication of 
railroad maps of Illinois to be bound with aimual reports, 
and for distribution of the same, the sum of twelve hundred dol- 
lars ($1,200) per annum, to be paid upon bills of particulars, cer- 
tified 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 
Southern Illinois Penitentiary at Chester, to be paid upon bills of 
particulars having the order of the Governor endorsed thereon. 

Thirty-third— The sum of three hundred dollars ($300) per 
annum for the purchase and binding of books for the library of 
the Illinois State Penitentiary at joliet, to be paid upon bills of 
particulars having the order of the Governor endorsed thei-eon. 

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 em- 
ployment of canvassers and the incidental and office expenses of 
the board ; for defraying the expenses of the mine inspection ser- 
vice, and for the per diem and traveling expenses of the commis- 
sioners, the sum of five thousand dollars ($5,000) per annum, or 
so much thereof as may be necessary; also the sum of twenty- 
five hundred dollars, ($2,500), per annum for the salary of the 
secretary of the board. 

Thirty-fifth — For paying damages for animals diseased or ex- 
posed 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 conta- 
gious and infectious diseases among domestic animals the sum of 
fifty thousand dollars ($50,000) per annum, or so much thereof 
as may be necessary ; also anj^ sums of money that may be re- 
ceived by the Board of Live Stock Commissioners as the net pro- 
ceeds of the sales of the healthy carcasses of animals slaughtered 
under the provisions of law, and paid by them into the State 
treasury, to be paid only in the manner and on the conditions 
provided in said law: Provided, that the amount paid for ani- 
mals slaughtered shall not exceed their actual cash value, and in 
no case shall the sum paid for any one animal exceed fifty dollars 
($50) for cattle, and one hundred dollars ($100) for animals of 
the equine species. Also to the Board of Live Stock Commis- 
sioners the sum of ten thousand dollars ($10,000) per annum, or 
so much thereof as may be necessary, for the payment of the 



48 APPROPRIATIONS. 



uecessarv expenses incurred in the discharge of their duties as 
prescribed by law, inehiding the per diem and travehng* expenses 
of the members of the Board, the State Veterinarian, and Assis- 
tant State Yeterinarians, and salary of secretary. 

Thirty-sixth — The sum of seven thousand five hundred dollars 
(f 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 pur- 
suance of law. The sum of two thousand dollars (|2,000) per 
annum, or as much thereof as may be necessa.ry, for the personal 
and traveling expenses of the Fish Commissioners, for service and 
expense of such persons as may be employed by them, in enforc- 
ing the laws relative to fish ways over dams a,ud for the protection 
of fish. The sum of five hundred dollars (fSOO), or so much of 
it as may be necessary, to furnish and equip office and storage 
boat; all expenditures to be upon bills of particulars, certified 
to by a majority of the Commissioners and approved by the 
Governor. 

Thirty-seventh — To the State Board of Health, for salary of 
secretary, three thousand dollars ($3,000) per annum; for neces- 
sary office expenses, including expenses incurred in attending meet- 
ings of the board, and in making sanitary inspections, two thou- 
sand dollars ($2,000) per annum, seven hundred and twenty dol- 
lars ($720) 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 ten thousand dollars ($10,000) 
as a contingent fund, to be used only with the consent and 
co"ncurrence of the Governor, upon the recommendation and 
advice of the board, in case of the outbreak or threatened out- 
break of ain^ 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 Avithin the State, and in suppressing out- 
breaks which may occur, and in investigating their causes and 
methods of prevention, also special investigations, when required 
by the sanitary necessities of the State ; and au}^ necessary ex- 
penditures from this sum shall be paid on the oi'der of the presi- 
dent of the board, attested by the Secretary, and approved by 
the Governor. 

Thirty-eighth — To the Lieutenant Governor, for postage, tele- 
graphing, stationery and other incidental expenses, the sum of 
fifty dollars ($50) per annum, payable upon his order. 

Thirty-ninth — The sum of one thousand dollars ($1,000) or so 
much as may be necessary, to pay the expenses of committees of 
the Thirty-seventh General Assembly ; such expenses to be certi- 
fied as maj be provided hj resolution of either House. 

§ 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 A^ouchers; and 



APPROPRIATIONS. 49 



all sums herein appropriated for the pay of clerks, secretaries, 
porters, messengers, janitors, watchmen, policemen, laborers, en- 
gineers, firemen, stenographers, curators and librarians shall, 
when not otherwise 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. vSaid 
warrants shall be drawn in favor of and payable to the order of 
the person entitled thereto. 

Approved May 25, 1889. 



STATE DEBT. 

§ 1. Appropriates $3,708 for the payment I § 2. How drawn, 
of four State bonds known as New 
Internal Improvement bonds. 

An Act to niRke an appropriation to pay the amount due upon 
four certain bonds, numbered 2547, 2548, 2549 and 2550 of 
a class known as "'N'ew Internal Improvement Stock Interest 
Bonds, payable after 1877." 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the sum of 
three thousand seven hundred and eight dollars (f3,708) be, 
and the same is hereby appropriated, out of am^ funds in the 
State Treasury not otherwise appropriated, for the purpose of 
paying State bonds, number 2547 for one thousand dollars 
(11,000); number 2548 for one thousand dollars (|1,000); 
number 2549 for one thousand dollars (fl,000), and number 
2550 for six hundred dollars (|600), and of the class of State 
bonds known as "New Internal Improvement Stock Interest 
Bonds, payable after 1877," and interest on the same from 
July 1, 1877, to January 1, 1878. 

§ 2. That the Auditor of Public Accounts be, and hereby is 
authorized and directed to draw his warrant upon the State 
Treasurer for said sum of three thousand seven hundred and 
eight dollars (|3,708), payable to the legal holders of said 
bonds upon presentation of the same for payment and cancel- 
lation. 

Approved May 25, 1889. 



50 APPROPRIATIONS. 



STATE GOVERNMENT — PUBLIC PRINTING. 

§ 1. Appropriates 810,000 for the public I § 2. How drawn. 

I § 3. Emergency— deficiency. 

An Act to provide for the necessary expenses of the State gov- 
ernment, incurred or to be incurred, for the public printing, 
and now unprovided for, until the first day of July, 1889. 

Section 1. Be it enacted by the People of the State- of Illi- 
nois, represented in the General Assembly: That the following 
sum, or so much thereof as may be necessary, be and the same 
is hereby 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, 1889, to-wit: The sum of ten thousand dollars (|10,000) 
for public printing to be paid upon the certificate of the Board 
of Commissioners of State Contracts, and approved by the 
Governor. 

§ 2. The Auditor of Public Accounts is hereby authorized to 
draw his warrant on the treasury for the sum herein appropri- 
ated, 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, therefore an emergency 

exists, and this act shall take effect from and after its pass- 
age. 

Approved April 13, 1889. 



STATE house AND GROUNDS, IMPROVEMENT. 



§ 1. Appropriates $15,154.80 for repairs and | § 2. How drawn, 
improvements upon the State House 
and grounds. 



§ 3. Emergency. 



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

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the following 
sums, or so much thereof as may be necessary, are hereby ap- 
propriated out of any moneys in the State Treasury, not other- 
wise appropriated, for making necessary repairs and improve- 
ments upon the State House and grounds. The sums hereby 
appropriated, to be expended by the Secretary of State, as 
follows : 



APPROPRIATIONS. 51 



For eight iron columns to support library floor, twelve hun- 
dred dollars (|1,200). 

For 150 yards of carpet for library, one hundred and fifty 
dollars (|150). 

For putting- gutters inside of coping on three sides of State 
House grounds, one thousand three hundred and forty-two 
dollars and twenty cents, ($1,342.20). 

For terrace on south side of grounds, one hundred dollars 

(1100). 

For stone walk from east front to Second street, six thousand 
six hundred dollars (|6,600). 

For stone walk from west front to Spring street, three hun- 
dred and eighty-seven dollars and sixty cents (f 387. 60.) 

For 200 trees, four hundred dollars (|400.) 

For hydrants and 1,500 feet of pipe, six hundred dollars 

(1600). ' 

For hauling dirt, manure, etc., and grading grounds, three 
hundred and seventy-five dollars (|375.) 

Four thousand dollars (f 4,000), or so much thereof as is 
necessary, for painting and repairing outside wood work of 
the State House. 

Said Secretary of State shall not be bound absolutely by the 
estimates furnished, and when the appropriation exceeds the 
estimate in anj^ item, the excess may be used in supplying any de- 
ficiencies 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 
necessary, by presenting to the Auditor a requisition signed by 
said Secretary of State, and approved by the Governor; and 
the Auditor is hereby authorized and directed to draw his war- 
rant upon the Treasurer for the amount named in the requi- 
sition. 

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

Approved June 1, 1889. 



52 APPEOPRIATIONS. 



SOUTHERN HOSPITAL FOR THE INSANE. 

§ 1. Appropriates ?22,950 for building and I § 2. How drawn, 
improvements. 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 follow- 
ing amounts be, and are hereby, appropriated to the Southern 
Illinois Hospital for the Insane, at Anna, for the purposes 
herein named, and no other: 

For new laundrv and machinery, ten thousand dollars (|10,- 
000). 

For engine pump and pump house, $650. 

For thermostats, electrical clock and appurtenances, $1,500. 

For vegetable cellar, $800. 

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

Approved May 29, 1889. 



superintendent of public instruction. 

§ ]. Appropriates 1328.75 for expenses in- I § 2. How diawn. 
curred in revising the s hool law. I 

An Act for the payment to the State Superintendent of Public 
Instruction for expenses incurred in the revision of the school 
law. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That the sum of 
three hundred twenty-eight dollars sevent^^-five cents ($328.75) 
be, and hereby is, appropriated for the payment of expenses 
incurred in the revision of the school law, which revision was 
made in accordance with a resolution of the Thirty-fifth General 
Assembly; said appropriation to be paid out of the school 
funds to the Superintendent of Public Instruction, on bill of 
particulars certified to by him and appi'oved 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 officer aforesaid. 

Approved April 29, 1889. 



APPROPRIATIONS. 53 



MARY J. TEEFEY, 

§ 1. Appropriates $400 to Mary J. Teefey, § 2. How drawn, 
widow, the salary of her deceased 
husband as member of the 36th 
General Assembly. 

An Act to make an appropriation for the relief of Mrs. Mary J. 
Teefey, whose husband, Honorable John J. Teefey, was a 
member of the Thirty-sixth General Assembly of the State of 
Illinois, and died while in the discharge of his duties as a 
member thereof. ^ 

Whereas, at the last general election the Honorable John J, 
Teefey, of Brown county, was elected a member of the House 
of Representatives of the Thirty-sixth General Assembly of the 
State of Illinois, and 

Whp]reas, the said John J. Teefey afterwards, on the 19th 
day of February, 1889, during the session of the General As- 
sembly, and while in the discharge of his duty as a member 
thereof, departed this life, leaving his widow, Mary J. Teefey 
and four minor children with small means of support, and 

Whereas; no election has been called to fill the vacancy occa- 
casioned, and the people of the Thirty-sixth Senatorial district 
desire that the salary to which the said John J. Teefey would 
have been entitled had he lived, be paid to the said Mary J. 
Teefey; therefore 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the sum of 
four hundred dollars be, and the same is hereby appropriated 
out of any moneys in the State Treasury not otherwise appro- 
priated, for the relief of said Mrs. J\j[ary J. Teefey. 

§ 2. The Auditor of Public Accounts is hereby directed to 
draw his warrant on the State Treasurer for the sum of four 
hundred dollars, payable to the order of said Mrs. Mary J. 
Teefey, and the State Treasurer is hereby authorized to pay 
the same out of any money in the State Treasury not other- 
wise appropriated. 

Approved May 21, 1889. 



54 APPROPRIATIONS. 



UNIVERSITY OF ILLINOIS. 

S 1. Appropriates S28,700 per annum to the University of Illinois, for taxes, ordinary ex- 
penses, etc., and 111,250 special. 
§ 2. How drawn. 

An Act making appropriations for the University of Illinois. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there be and 
hereby is appropriated to the University of Illinois, at Urbana, 
for the payment of taxes accruing in the years 1888 and 1889, 
on lands owned and held by the State for the use of the said 
institution, in the county of Gag-e in the State of Nebraska, 
and in the counties of Pope, Kandiyohi and Renville, in the 
State of Minnesota, the sum of one thousand seven hundred 
dollars ($1,700) per annum. 

For current repairs and improvements in buildings and 
grounds of the said university, during the years 1889 and 1890, 
the sum of two thousand five hundred dollars, ($2,500) per 
annum . 

For the purchase of apparatus and materials for the several 
scientific departments of the univer.-ity for the years 1889 and 
1890, one thousand five hundred dollars ($1,500) per annum. 

For current expenses of the practical education of students in 
the mechanical shops of the said univeisity for the years 1889 
and 1890, one thousand five hundred dollars ($1,500) per 
annum. 

For the universitv librarv and museum for the vears 1889 
and 1890, to-wit: 

For the purchase of books and publications, and for binding 
the same, one thousand dollars ($1,000) per annum; for col- 
lecting, preparing and mounting specimens for the cabinets of 
geology, mineralogy, and natural history, five hundred dol- 
lars ($500) per annum. 

For the current expenses of instruction in the several depart- 
ments of the university for the years 1889 and 1890, twenty 
thousand dollars ($20,000) per annum. 

For the purchase and setting of a new boiler for the machine 
shops, one thousand two hundred and fifty dollars ($1,250). 

For the construction of a drill house in accordance with the 
plans and specifications herewith^ and for furnishing the upper 
room of the mechanical building with additional work benches, 
tools and machinerv, the sum of ten thousand dollars ($10,- 
000). 

§ 2. The Auditor of Public accounts is hereby authorized and 
directed to draw his warrant on the Treasurer for the sums of 
money hereby appropriated, payable out of any money in the 



APPROPRIATIONS. 55 



Treasury and not otherwise appropriated, upon the order of the 
president of the board of trustees of the said University of Ilhnois, 
attested by its secretary, and with the corporate seal of the uni- 
versity: Provided, that no part of tlie said sums shall be due 
and payable to the said institution until satisfactory vouchers 
in detail, approved by the Governor, shall be filed with the 
Auditor for all previous expenditures incurred by the institu- 
tion on account of appropriations heretofore made: And, pro- 
vided 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 appropria- 
ted under this act. 



Approved May 21, 1889. 



UNIVERSITY — SOUTHERN NORMAL. 

§ 1. Appropriates one-half of the interest I § 2. How drawn, 
on the College and Seminary fund, 
and $19,710 per annum to the South- 
ern Normal University for ordi- | 
nary expenses. I 

An act making an appropriation for the ordinary expenses oi 
the Southern Illinois Normal University, at Carhondale, in 
Jackson county. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there be, and is 
hereby appropriated to the Southern Illinois Normal Univer- 
sity, at Carbondale, in Jackson county, in addition to one-half 
of the interest on the college and seminary fund, which is here- 
by 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 of teachers; the sum of one 
thousand five hundred dollars (fl,500) per annum, for fuel; 
the sum of one thousand dollars ($1,000) per annum, for re- 
pairs; the sum of five hundred dollars ($500) per annum, for 
library; the sum of five hundred dollars (.|500) per annum, for 
apparatus; the sum of two hundred and fifty dollars ($250) 
per annum, for museum; the sum of five hundred dollars ($500) 
per annum for the expenses of the trustees; and the sum of nine 
hundred and sixty dollars ($960) jjer annum for the payment 
of an engineer and janitor; and these several sums shall be due 
and payable quarterly, in advance, from the first day of July, 
1889, to the expiration of the first quarter after the adjourn- 
ment of the next General Assembly. 



56 ^ APPROPRIATIONS. 



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

Approved Mav 25, 1889. 



STATE NORMAL UNIVERSITY — ORDINARY EXPENSES. 

§ 1. Appropriates one-half of the interest § 2. How drawn, 
on the college and seminary fund, 
and $21,000 per annum to the State 
Normal University for ordinary 
expenses. 

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 Illi- 
nois, represented in the General Assembly: That there be. and 
hereby is, appropriated to the State Normal University, in addi- 
tion to one-half of the interest of the college and seminar}^ funds, 
which is hereby appropriated, the further sum of twenty-one 
thousand dollars per annum, payable quarterly in advance, for 
the payment of salaries, for the purchase of fuel, for additions 
to the library, for school apparatus, for furniture, for expenses 
of the Board of Education, and for incidental expenses : Pro- 
vided, 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 afore- 
said sums of money, upon the order of the Board of Education 
of the State of Illinois, signed by the president and attested by 
the secretary of said board, with corporate seal of said institu- 
tion: Provided, that satisfactory vouchers in detail, approved 
by the Governor, shall be filed quarterly with the Auditor of 



APPROPRIATIONS. 57 



Public Accounts for the expenditures, ordinary and extraordi- 
nary, of the pi-eceding quarter, and that no part of the money 
herein appropriated shall be due and payable until such vouchers 
shall have been filed. 

Approved May 23, 1889. 



STATE NORMAL UNIVERSITY — REPAIRS AND IMPROVEMENTS. 

§ 1. Appropriates $4,000 for new boiler house, and boilers for hea'ing apparatus. 

§ 2. How drawn. 

An Act making cippropriations for the Illinois Normal Univer- 
sity, at Normal. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the following- 
amounts be and are hereby appropriated to the Illinois Normal 
Universityj at Normal, for the purposes hereinafter named, ^p^nd 
for no other: 

For erecting a boiler house, moving the boilers from the 
present University building into it, for heating apparatus in the 
new school buildinac, and for buying new boilers, if found neces- 
ssivj, the sum of four thousand dollars (f4,000). 

§ 2. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrant upon the Treasurer for the afore- 
said sums of money upon the order of the Board of Education 
of the State of Illinois, signed by the president and attested by 
the secretary of said board, with the corporate seal of said in- 
stitution. 

Approved Mav 27, 1889. 



58 



BANKS AND BANKING. 



BANKS AND BANKING. 



DIRECTORS. 

§ J. Directors must own at least ten shares of stock. 

An Act in relation to the election and qualification of directors 
in hanks organized under the laws of 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 hereafter be elected by the stockholders of any bank 
organized under the laws of the State of Illinois, a director of 
such bank, unless such person so elected own in his own name, 
clear of any lien or incumbrance, at least ten shares of stock 
in such bank, of one hundred dollars each. 

Approved May 22, 1889. 



STATE BANKING SYSTEM. 



Amends sec. 1, act of 1887; submits this 
act to vote of the people for ratifica- 
tion. 

Amends sec. 6, by defining the liability 
of stoclvholders as required by the 
Constitution. 

Amends sec. 11, by classifying cities, 



towns and villages according to 
population and fixing the capital 
stock in each class. 

Requires the Secretary of State to 
submit this act to vote. 



An Act to amend sections one (1), six (6), and eleven {11), of an 
act entitled '^ An act concerning corporations with banking 
powers " approved June 16, 1887. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That sections one 
(1), six (6), and eleven (11), of an act entitled "An act con- 
cerning corporations with banking powers," approved June 16, 
1887, be amended so as to read as follows : 

Section 1. 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 associations, as 
hereinafter provided, for the purpose of discount and deposit, 
buying and selling exchange, and doing a general banking 
business, excepting the issuing of bills to circulate as money; 



BANKS AND BANKING. 59 



and such banks or banking associations shall have the power 
to loan money on personal and real estate security, and to 
accept and execute trusts. 

Section 6. Every stockholder in any bank or banking- asso- 
ciation, organized under the provisions of this act, shall be 
individually responsible and liable to its creditors, over and 
above the amount of stock by him or her held, to an amount 
equal to his or her respective shares so held, for all its liabilities 
accruing while he or she remains such stockholder. 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 such bank is located, a certified list of 
all the original stockholders, giving the number of shares of 
stock held by each, and thereafter a certificate of all transfers 
of stock, not later than ten days after such transfer. No trans- 
fer of stock shall operate as a release of liabilitj^ provided in 
this section. 

Section 11. Banks or banking associations may be organ- 
ized under the provisions of this act in all cities, towns and vil- 
lages with a minimum capital stock, according to the popula- 
tion of such cities, towns and villages, as follow^s : 

In all cities, towns and villages of not exceeding five thousand 
inhabitants, of twenty-five thousand dollars. 

In all cities, villages and towns of over five thousand inhabi- 
tants, and less than ten thousand inhabitants, of fifty thousand 
dollars. 

In all cities, towns and villages of ten thousand inhabitants, 
and less than fifty thousand inhabitants, of one hundred thous- 
and dollars. 

In all cities and towns of fifty thousand inhabitants, 
or more, of two hundred thousand dollars. 

Should the capital stock 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 
provisions of this section ; and if the capital stock of said bank 
shall I'emained 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 impairment, and when col- 
lected 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 winding 



60 BASTARDY. 



up of the affairs of said bank; and said court, upon the pre- 
sentation of said bill, and upon being made satisfied that the 
capital 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. 

"Section 2. 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, according to article 11, section 5, of the Con- 
stitution of this State, at the next general election, and the 
question shall be "For the amendments to the act concerning 
corporations with banking powers" or "Against the amend- 
ments to the act concerning corporations with banking powers." 
And if approved by a majority of the votes cast at such elec- 
tion for or against such law, the Governor shall thereupon 
issue his proclamation that this act is then in force." 

Approved June 3, 1889. 



BASTARDY. 



bond for security. 

§ 1. Amends section 9, act of 1872, by adding tlie proviso. 

An Act to amend section nine of an act entitled "'■An act con- 
cerning bastardv," approved April 3, 1872, and in force Julv 
1, 1872. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly : That section nine 
of "An act concerning bastardy," approved April 3, 1872, and 
in force July 1, 1872, be and the same is hereby amended to 
read as follows: 

Section 9. In case the defendant shall refuse or neglect to 
give such security as may be ordered by the court, he shall be 
committed to the jail of the county, there to remain until he 
shall comply with such order, or until otherwise discharged by 
due course of law. Any person so comipitted shall be discharged 
for insolvency or inability to give bond: Provided, such dis- 
charge shall not be made within six months after such commit- 
ment. 

Approved June 4, 1889. 



BASTARDY. 61 



RELEASE FROM LIABILITY. 



§ ]. Amends the act of 1872 by adding a 
section numbered 18. 



Sec. 18. Mother of child may release re- 
puted father, with the consent of 
the county judge; may be released 
\yithout such consent by the pay- 
ment of S400. 

An Act to amend an act entitled '^An act concerning bastardy, ^^ 
approved April 3, 1872, in force July 1, 1872, by adding 
thereto a section to be numbered eighteen. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That an act entitled 
"An act concerniug bastardy," approved April 3, 1872, in force 
July 1, 1872, be and is herebj^ amended by adding thereto the 
following section, to, be numbered eighteen: 

Section 18. The mother of a bastard child, before or after 
its birth, may release the reputed father of such child from all 
legal liability on account of such bastardy, upon such terms as 
may be consented to in writing by the judge of the county court 
of the county in which such mother resides: Provided, a release 
obtained from such mother in consideration of a payment to 
her of a sum of money less than four hundred dollars (|400) 
in the absence of the written consent of the county judge, shall 
not be a bar to a suit for bastardy against such father, but if, 
after such release is obtained, suit be instituted against such 
father, and the issue be found against him, he shall be entitled 
to a set off for the amount so paid, and it shall be accredited 
to him as of the first payment or payments: And, provided, 
further, that such father may compromise all his legal liability 
on account of such bastard child, with the mother thereof, 
without the written consent of the county judge, by paying to 
her any sum not less than four hundred dollars (-$400). 

Approved June 3, 1889. 



62 BRIDGES. 



BRIDGES. 



ACROSS NAVIGABLE RIVERS. 

§ 1. Amends the act of 1872, by adding the proviso. 

An act to amend an act entitled "An act giving- the assent of 
the State of Illinois to the construction of bridges across 
navigable rivers in this State, and upon the boundaries there- 
of'" approved April 4, 1872. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That an act en- 
titled "An act giving the assent of the State of Ilhnois to the 
construction of bridges across navigable rivers in thi?^ State 
and .upon the boundaries thereof," approved April 4, 1872, and 
in force July 1, 1872, be so amended as to read as follows: 

Section 1. That the assent of the State of Illinois is hereby 
given any corporation or association organized under the laws 
of this State, and subject thereto, to construct bridges across 
navigable rivers in this State, and upon the boundaries thereof, 
whenever authorized by the Congress of the United States, un- 
der such conditions and restrictions as the Congress may im- 
pose: Provided, that whenever any State bordering on the 
Ohio or Mississippi river has refused or neglected, and shall 
continue to refuse or neglect to grant privileges similar to 
those granted by this act, or has repealed or shall hereafter 
repeal any charter of any bridge company organized for the 
purpose of building a bridge across the Ohio river or Mississippi 
river, the provisions of this act shall not apply to the con- 
struction of any bridge not now commenced, from any such 
State into this State; and no bridge shall hereafter be com- 
menced and built into this State, or made to connect with any 
railroad in this State, across the Ohio river or the Mississippi river 
from any State which has repealed or may hereafter repeal the 
charter of any bridge company, organized to build a bridge 
across the Ohio or Mississippi river, until the law repealing 
such bridge charter shall be repealed by such State. 

Approved June 1, 1889. 



BRIDGES. 



63 



ACROSS STREAMS FORMING STATE BOUNDARY. 



§ 1. Free public bridges across streams 
forming State boundary exempt 
from taxation. 



Penalties. 



An Act exempting from taxatioii bridges across any stream 
forming the boundary line between this and an adjoining 
State when such bridge is a free public highway. 

Section 1 . Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That whenever any 
bridge used exclusively for persons and vehicles, across any 
stream forming the boundary line between this and an adjoin- 
ing State shall be made a public highway, free to all persons 
and vehicles, such bridge shall not be subject to taxation in 
this State: Provided, that nothing in this act shall prevent 
the owner or owners of such bridge, or those under whose au- 
thority it is operated, from making and enforcing by fine, such 
rules and regulations as may be deemed necessary for the man- 
agement of such bridge. 

§ 2. Whoever shall violate any of the rules or regulations so 
made by such owner or owners, or those under whose authority 
such bridge is operated, shall be deemed guilty of a misde- 
meanor, and shall be fined not to exceed one hundred dollars. 

Approved May 10, 1889. 



CEMETEEIES. 



protection and management. 



§ 1. Amends the act of 1885 by amending 
section 4, and adding three sections 
thereto, numbered 5, 6 and 7. 
Amends section 4 by striking out the 
last seven Unes from the period 
after the word "use." 



Section 5. Gifts and donations in trust 
for the purpose of repairs, improve- 
ment and ornamentation. 

Section 6. Investment of trust funds; 
reports to the county judge. 

Section 7. Ti-ust funds exempt from 
taxation. 

An Act to amend an act entitled "An act to protect cemeteries, 
and to provide for their regulation and management," ap- 
proved June 29, 1885, in force July 1, 1885, by amending 
section four (4), and adding thereto three sections, to be 
known as section five (5), six (6) and seven (7). 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That an act en- 



64 CEMETERIES. 



titled "An act to protect cemeteries, and to provide for their 
regulation and management," approved June 29, 1885, in 
force July 1, 1885, be amended by amending section four (4) 
by adding thereto three sections, to be known as sections five 
(5), six (6) and seven (7), as follows: 

Section 4. The board of directors of such cemetery society, 
or cemetery association, may set apart such portion as they 
see fit of the moneys received from the sale of lots in such 
cemetery, which sums shall be kept separate from all other 
assets of the association or society as an especial trust fund, 
and they shall keep the same invested in safe interest or in- 
come-paying securities for the purpose of keeping said cemetery, 
and the lots therein, permanently in good order and repair, 
and the interest or income derived from such trust fund shall 
be applied only to that purpose, and shall not be diverted 
irom such use. 

Section 5. It shall be the duty of the board of directors of 
such cemetery society or cemetery association to receive, by 
gift or bequest, real or personal property, or the income and 
avails of property which shall be conveyed in trust for the im- 
provement, maintenance, repair, preservation and ornamenta- 
tion of such lot or lots, vault or vaults, tomb or tombs, or 
other such structures in the cemetery of which such board has 
control, as may be designated by the terms of such gift or 
bequest, and in accordance with such reasonable rules and regu- 
lations therefor, as shall be made by such board of directors ; 
and such board of directors shall keep such trust fund invested 
in safe interest or income-bearing securities, the income from 
which shall be used for the purpose aforesaid. 

Section 6. The trust fund mentioned in sections four (4) and 
"five (5) of this act, shall be vested in said boards of directors, 
and the securities taken therefor shall be approved by the countj^ 
judge of the county wherein such cemetery is located ; and said 
board of dii-ectors shall, once ia every two years, make an item- 
ized report to said judge, of all such trust funds in their hands, 
and the securities taken therefor. 

Section 7. The trust funds, gifts and bequests mentioned in 
sections four (4) and five (5) of this act, shall be exempt from 
taxation and from the opei'ation of all laws of mortmain and 
laws against perpetuities and accumulations. 

Approved June 3, 1889. 



CHARITABLE INSTITUTIONS, STATE. 65 



CHARITABLE INSTITUTIONS, STATE. 



HOSPITALS FOR THE INSANE — NCRTHEKN. 

§ 1. Trustees authorized to sell and con- I § 2. Purchase money paid into the Treas- 
vey certain land. | ury of the Hospital. 

An Act to enable the Trustees of the Illinois Northern Hospital 
for the Insane, at Elgin, to sell and convey a certain strip oi 
land not available for Hospital purposes. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the trustees of 
the ininois Northern Hospital for the Insane at Elgin, are 
hereby authorized and. empowered to sell at public or private 
sale for cash, the following described tract of land, viz: 

Part of section number twenty-five (25) of township number 
forty-one (41), north of range number eight (8) east of the 
third principal meridian, bounded als follows: to-wit: 

Commencing on the north line of said section, five chains and 
sixty-five links west of the north-east corner of the west half of 
the nort-east quarter of said section number twentj^-five (25); 
thence south one and one-half degrees east, two chains and 
sixty-eight links, thence west parallel to said north line to the 
east line of the right of way of the Chicago and North- Western 
Railroad Company; thence northerly along said east line of said 
right of way to the north line of said section, thence east along 
section line to place of beginning; (subject nevertheless to the 
right of way over said premises heretofore granted to the 
Chicago and Pacific Railroad Company,) and to execute to the 
purchaser of said land a good and sufficient deed, conveying to 
such purchaser all the right, title and interest of the State of 
Illinois, and of said trustees in and to the land which they are 
hereby authorized to sell. 

§ 2. The purchase money for the real estate aforesaid shall 
I)e paid to the treasurer of said hospital, and shall be paid out 
as other funds of said hospital are, but said purchase money 
vshall be used for the purpose of improving the grounds of said 
hospital, and for no other purpose. 

Approved June 1, 1889. 



—5 



66 



CITIES, TOWNS AND VILLAGES. 



CITIES, TOWNS AND VILLAGES. 



^ANNEXATION. 



§ 1. Adjoining cities, towns and villages 
may be annexed. Petition pre- 
sented to the county court for sub- 
mission of the question to vote; 
number of signers to said petition; 
question shall be submitted at a 
special, general or municipal elec- 
tion; notice of election; ballots, how 
printed; canvass of vote; return 
to the county clerk; result, effect of ; 
second petition, how signed. 

§ 2. Annexing parts of cities, towns and 
villages; petition for an election; 
territory to be annexed shall be 
described in the petition; election, 
when and how held; notice of elec- 
tion, how given; ballots, how print- 
ed; canvass of vote and certificate 
of result; second petition. 

§ 3. Petitions for the whole and part of 
cities, towns and villages at the 
same time; question shall be sub- 
mitted; result of election. 

§ 4. Debts and liabilities, principal and 
interest of annexed territory shall 
be assumed by the city, town or vil- 
lage to which it has been annexed; 
school indebtedness and school 
property; registered bonds. Audi- 
tor shall be notified; payment of 
such bonds; school indebtedness of 
parts of school districts. 

§ 5. Annual tax levy, annexed territory 
to be included. 

§ 6. Annexation shall not arrest or inter- 
fere with the proceedings for the 
collection of taxes or special assess- 
ments; appUcation of the money 
collected. 

§ 7. Prosecution or defense of pending 
splits at law subsequent to annexa- 
tion, shall be in the name of the 
city, town or village to_ which an- 
nexation has been had. 



§ 8. Debts, liabiUties and obligations of 
parts of cities, towns and villages 
annexed; proportionate share shall 
be assumed; school indebtedness, 
how assumed and paid ; proportion- 
ate share of indebtedness, how 
agi-eed upon; in case of disagree- 
ment the matter shall be deter- 
mined by the courts; in case of 
agreement or a decision of the 
courts an ordinance shall be adopted 
reciting the amount of indebtedness 
assumed and to be paid, which de- 
claration shal be final in regard 
thereto, and certified accordingly; 
title of public and school property 
of annexed territory shall vest in 
the city, town or village to which 
it has been annexed. 

§ 9. Annual tax levy in parts of cities, 
towns and villages annexed; pro 
rata share of taxes payable to the 
territory to which annexed. 

§ 10. Improvement of streets by special 
assessment or taxation, how con- 
summated. 

§ 11. Opening streets or alleys when pro- 
ceedings have been instituted for 
taking land for such purpose; pro- 
ceedings shall not be arrested. 

§ 12. Eights and privileges of annexed or 
detached portions of cities, towns 
and villages with respect to water 
works, gas or electri? light sys- 
tems; in case of disagreement 
thereto the court shall decide the 
matter in a summary manner, with- 
out formal proceedings therein, as 
the right and equity of the ease 
may require, judgment shall be 
final. 

§ 13. Matters of dispute between annexed 
and detached territory shall at the 
end of sixty days be submitted to 
the" courts for final determination 
and settlement. 



CITIES, TOAVXS ANn VILLAGES. 



67 



§ 14. Public records, papers and docu- 
ments shall be transferred to the 
proper authorities of the territory 
to which annexed. 

§ 15. City, town or village officers resid- 
ing in detached portions shall not 
be disturbed on account of such an- 
nexation, prior to the next annual 
municipal election. 

^ 16. Justices of the Peace and Police 
Magistrates shall continue to hold 
otifice for the residue of their terms; 
pending suits shall be heard and 
determined; fees, emoluments, etc.; 
jurisdiction confined to territory as 
prior to annexation; dockets, 
papers and files, disposal of at ex- 
piration of term of office. 

§ 17. Policemen and firemen in annexed 
territory shall continue and be- 
come part of police and fire depart- 
ment in the territory to which it 
has been annexed. 



§ 20. 
§ 21. 



§ 18. Ordinances in regard to licensing 
dram-shops shall continue in force 
notwithstanding annexation ; pro- 
vided that upon petition of one- 
fourth of the voters the question of 
granting license may be submitted 
to vote at a municipal election; 
canvass and return of vote ; effect 
of election. 

§ 19. Wards, how constituted in annexed 
territory; aldermen, how and when 
elected; representation in city 
council, how determined. 

Sewerage system and drainage dis- 
trict. 

Territory annexed to towns under 
the provisions of an ac to amend 
certain sections of article 3 of "an 
act to revise the law in relation to 
township organizations," approved 
June 15, 1887, may become annexed 
to cities, towns and villages within 
said towns; proceedings. 

§ 22. Repeals. 

§ 23. Emergency. 

An Act to provide for the Annexation of Cities, Incorporated 
Towns and Villages, or parts of same, to Cities, Incorporated 
Towns and Villages. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That where an in- 
corporated city, town or village adjoins another incorporated 
city, town or village, it may be annexed thereto in the manner 
following, that is to sa}^: A petition shall be presented to the 
judge of the county court of the county wherein such incorpor- 
ated city, town or village to which such annexation is sought 
is situated, asking that the question of annexation be submitted 
to the legal voters of the city, village or incorporated town 
sought to be annexed, and the legal voters of the city, village 
or incorporated town to which it is sought to annex the same. 
Such petition shall be signed by not less than two hundred and 
fifty (250) of the legal voters of the city, village or incorpor- 
ated town sought to be annexed, unless the votes cast in said 
city, village or incorporated town at the last preceding general 
election numbered less than five hundred (500), in which case 
the petition shall be signed by one-third {%) of the legal voters 
of such city, village or incorporated town, and thereupon said 
county judge shall cause to be submitted the question of annexa- 
tion to the voters of the incorporated city, town or village 
sought to be annexed, and to the votei-s of the incorporated 
city, town or village to which it is sought to annex the same 
at an election to be holden in each of said incorporated cities, 
towns or villages. Such question may be submitted at either a 
special election called for that purpose, or at any municipal 
election, or at any general election. Notice of the election hereby 



68 CITIES, TOWxVS AND VILLAGES. 



required shall be given bj causing notices thereof to be pub- 
lished in at least one newspaper published in said county, within 
whi -h said city, village or incorporated town may be to which 
territory is sought to be annexed, at least fifteen (15) days 
before such election, by the clerk of the county court. The 
ballots cast at such election to be written or printed, or partlj' 
WTitten or partly printed "For Annexation," "of (here name 
the cit3% village or incorpora.tecl town to be annexed) "to" 
(here name city, village or incorporated town to which annexa- 
tion is sought), or, "Against annexation," "of," (here name citj', 
village or incorporated town to be annexed), "to," (here name 
city, village or incorporated town to which annexation 
is sought), respectively, to be received, canvassed and re- 
turned the same as ballots for municipal officers of such incor- 
porated cities, towns or villages, and the officers who are 
charged by law with the duty of canvassing such votes shall 
file, or cause to be filed, with the clerk of the county court of 
such county a certificate of the result of such canvass imme- 
diately^ upon ascertaining the result thereof, and if it shall 
appear that a. majority of the voters of each incoi-porated citj", 
town or village so voting upon the question of annexation at 
such election, vote for annexation, thereupon the jurisdiction of 
the incorporated cit}'', village or town to which such other in- 
corporated city, village or town is annexed, shall extend over 
said territory; but if it shall appear that a majority of the 
voters of any incorporated city, town or village so voting upon 
the question of annexation when such question is first submitted, 
vote against ,, annexation, any petition thereafter presented to 
the judge of the county court, shall be signed by not less than 
one-eighth of the legal voters, of the incorporated city, town or 
village which is sought to be annexed to an adjoining city, 
village or incorijorated town, so voting against annexation. 

§ 2. When the inhabitants of any territoiy not less than 
one-half square mile n extent, and less than the whole of an 
incorporated citj, village or town, a,nd which territory shall be 
contiguous to and adjoining the territory of another incorpor- 
ated city, village or town, desire to be annexed to such other 
incorporated city, village or town, such annexation may be 
effected as follows: A petition shall be presented to the judge 
of the county court wherein such incorporated city, town or 
village is situated to which annexation is desired, signed by not 
less than one hundred of the legal voters of the territory sought 
to be annexed, asking that the question of annexation of the 
territory described in the petition may be submitted to the 
legal voters of the city, village or incorporated town, from 
w'hich said territory is to be taken, and to the legal voters of 
the city, village or incorporated town, f o Avhich it is sought to 
annex the same. Such territory shall be described in said peti- 
tion, and thereupon said county judge shall cause to be sub- 
mitted the question of the annexation of such territory to the 
voters of the incorporated city, town or village from which it 



CITIES, TOWNS AND VILLAGES. 69 



is sought to diseoiinect territory, and to the voters of the in- 
corporated city, town or village to Avhich it is sought to annex 
the same, at an election to be liolden in each of said incorjior- 
ated cities, towns or villages. Such question may be submitted 
at either a special election called for that purpose, or at any 
municipal election, or at any general election. Notice of the elec- 
tion hereb}^ required shall be given hj causing notices thereof 
to be published iu at least one newspaper published in said 
county within which said city, village or incorporated town may 
be, to which territory is sought to be annexed, at least fifteen 
days before such election, by the clerk of the county court. The 
ballots cast at such election to be written or printed, or partl^^ 
written and partly printed ''For annexation of" (here describe 
territory of city, village or incorporated town to be annexed) 
"to" (here name city, village or incorporated town to which an- 
nexation is sought) or "'Against annexation of' (here describe 
"teri'itory of city, village or incorporated town to be annexed) 
"to" (here name city, village or incorporated town to which 
annexation is sought), respectively to be received, canvassed 
and returned the same as ballots for municipal officers of such 
incorporated cities, towns or villages; and the officers who are 
charged by law with the duty of canvassing such votes shall 
file, or cause to be filed, with the clerk of the county court of 
such county, a certificate of the result of such canvass imme- 
diately upon ascertaining the result thereof; and if it shall ap- 
pear that a majority of the voters of each city, village or incor- 
porated town so voting upon the c|uestion of annexation at 
such election vote for annexation, thereupon the jurisdiction of 
the incorporated city, town or village shall extend over said 
territoiy so annexecl; but if it shall appear that a majority of 
the voters of any territory less than the whole of an incorpor- 
ated city, village or town, so voting upon the question of an- 
nexation, when said question is fii-st submitted, A^ote against 
annexation, any petition thereafter presented to the judge of 
the county court for the annexation of the same territory shall 
be signed b,y not less than one-eighth of the legal voters of the 
territory so votijig against annexation. 

§ 3. If petitions are presented to the county judge as pres- 
cribed in this act for the annexation of the whole, and also for 
the annexation of a part or parts of a cit.y, village or incor- 
porated town to a city, village or incorporated town, the said 
county judge shall submit such questions as petitioned for by 
each petition, and if at such election the result of the votes shall 
be against annexation of the whole, but shall be in favor of annex- 
ation of a pai't or parts and such parts combined as one territory 
are contiguous to such city, village or incorporated town, or if any 
such part be contiguous to such city, village or incorporated town, 
then such contiguous territory shall be annexed the same as though 
no proposition had been submitted to annex the whole thereof. 

§ 4. The city, village or incorporated town to which the 
whole of another city, village or incorporated town is annexed 



70 CITIES, TOWNH AND VILLAGES. 



under the provisions of this act shall assume and pa^^ any and 
all debts, liabilities, bonds or obhgations and interests thereon 
of the city, incorporated town or village so annexed and shall 
become vested with title and ownersliip of all property belong- 
ing to said city, village or incorporated town so annexed, to 
be held for the same purposes and to the same uses, subject to 
the same conditions as theretofore, and if the public schools of 
such enlarged city, village or incorporated town are all in charge 
and under the control of one board of education, the said enlarged 
city, village or incorporated town shall assume and pay the 
indebtedness of each school district or township lying wholly 
therein, and shall become vested with the title and ownership 
of all property belonging to anj school district or township 
lying wholly therein, to be held for the same purposes and to 
the same uses and subject to the same conditions as thereto- 
fore. If the bonds of said city, village or incorporated town 
so annexed, or of any school district or township lying wholly 
therein have been registered in the office of the State Auditor 
of Public Accounts, in accordance with the statute, the county 
clerk shall certify the fact of such annexation forthwith to 
said State Auditor, and said State Auditor shall not thereafter 
certify any rate per centum to the county clerk, nor shall the 
county clerk thereafter extend any such rate for the payment 
of said bonds or interest thereon upon the taxable property of 
such city, town or village so annexed, or school district or 
township. All debts, bonds and obhgations of the united muni- 
cipality to be paid by the enlarged city, village or incorporated 
town. And if there be a portion of a school district or town- 
ship lying within, and a portion lying without such annexed 
territory, the debts of such school district or township shall be 
paid, and the property divided in the same manner as is pro- 
vided for pacing debts and dividing property in section eight 
(8) of this act where parts of cities, villages or incorporated 
towns are annexed to other cities, villages or incorporated 
towns. 

§ 5. When the whole of a city, village or incorporated town 
is annexed to another city, village or incorporated town, under 
the provisions of this act, and the corporate authorities of 
such city, village or incorporated town so annexed shall have 
passed an ordinance, termed the annual appropriation ordinance, 
but not an ordinance levying a tax for the purpose of collecting 
a sufficient sum of money to defra^^ the total amount of appro- 
priations for all corporate purposes for that fiscal year, then 
the corporate authorities of the city, village or incorporated 
town to which such territory is annexed, shall have the right 
to include the amount of such appropriations in the annual 
tax levy of such city, village or incorporated town, the same 
as though such appropriations had been made by the city, 
village or incorporated town to which such other city, village 
oi' incorporated town is annexed. The said taxes may be used 



CITIES, TOWNS AND VILLAGES. 71 



by the citj^, village or incorporated town to which annexation 
is had for the purpose for which such appropriation was made 
by the city, village or incorporated town so annexed. 

§ 6. When the whole of an incorporated town, city or village 
shall be annexed to another city, village or incorporated town, 
it shall not arrest, stay or interfere with any proceedings for 
the collection or enforcement of any tax, special assessment, or 
special tax, but the same shall proceed and be carried to a 
finality as though no such annexation had taken place, and the 
proceeds thereof shall be paid over to the treasurer of the city, 
village or incorporated town to which such other village, city 
or incorporated town is annexed to be used for the purpose for 
which the tax was levied or the proceedings instituted. 

§ 7. All suits pending in any court on behalf of or against 
an}' village, city or incorporated town, the whole of which is 
under the provisions of this act annexed to another city, vil- 
lage or incorporated town, may be prosecuted or defended in 
the name of the city, village or incorporated town so annexed, 
and all judgments, fines, decrees or recoveries obtained for or 
on behalf of any village, city or incorporated town so annexed 
to another may be collected and enforced with like force and 
effect as though such annexation had not taken place, in the 
name of the city, village or incorporated town so annexed. 

§ 8. When a part of the territory of a city, village or incor- 
porated town is taken therefrom and annexed to another city, 
village or incorporated town, under the provisions of this act, 
then the proportionate share of any indebtedness, contract or 
liability of such city, village or incorporated town from which 
such territory is taken shall be assumed and paid by such 
enlarged city, village or incorporated town according to the 
taxable property in such disconnected territory as the same 
existed immediately before such annexation, and if the public 
schools of such enlarged city, village or incorporated town shall 
be in charge and control of one board of education, then the 
proportionate share of any indebtedness of any school district 
or township shall be assumed and paid by such enlarged city, 
village or incorporated town, according to the taxable property 
in such part of such disconnected territory within such school 
district or township as the same existed immediately before 
such annexation, and if the whole of a school district or town- 
ship is annexed then such municipality shall assume and pay 
all the indebtedness of such school district or township. The 
amount of the said indebtedness to be paid by said enlarged 
city, town or village shall be determined and agreed upon hj the 
city council of the city or trustees of the village or incorporated 
town to which such territory is annexed, and the city council 
of the city or trustees of the village or incorporated town from 
which such territorj^ is taken, or the school authorities of the 
school district or township of which such disconnected territory 
was a part, as the case may be, in such manner as they shall 



72 CITIES, TOWNS AND VILLAGES. 



elect; if thev cannot agree, then the matter shall be determined 
by the circuit or county court of the county in which such 
municipal corporation may be to which such annexation is 
made by petition of either municipal corporation or of any 
taxpayer of either municipality. The court shall hear and 
determine the matter in a summary manner, Avithout pleadings, 
and shall pronounce judgment as the right and equity of the 
matter may demand. If the respective corporate authorities 
shall agree as to the amount to be paid by such enlarged citj, 
town or village, then each ^hall pass an ordinance or a resolu- 
tion reciting the amount thereof to be paid, a copy of which 
said ordinance or resolution shall be duly certified by the clerk 
of the city, village or incorporated town, to which such terri- 
tory is annexed, and filed with the county clerk of the county 
wherein such enlarged city, town or village may lie, and by him 
certified to the State Auditor of Public Accounts, and which 
said ordinance or resolution shall be final and conclusive in all 
proceedings as to the amount of indebtedness so to be paid. 
If a judgment or decree shall be entered by a circuit or county 
court as herein provided, then a certified copy thereof shall be 
made by the clerk of said court, and filed with the clerk of each 
of the said municipal corporations and with the county clerk, 
and by the county clerk certified to the State Auditor of Public 
Accounts, and such judgment shall be final and conclusive in all 
proceedings as to the amount of indebtedness to be paid by each 
municipality. The State Auditor shall not thereafter certify any 
rate per centum to the county clerk, nor shall the county clerk 
thereafter extend an.y rate upon the taxable property of said 
annexed territory for the payment of any of said bonds or 
interest thereon so issued by the city, incorporated town or 
village from which it is disconnected. Said enlarged city, town 
or village shall be vested with the title and ownership of all 
the public and school propertj^ in such annexed territory, and 
shall be charged therewith in the division of the public property 
of such dismembered city, incorporated town or village, or 
school district, or township, between said municipalities, or 
between said enlarged city, town or village, and any dismem- 
bered school district or township as the case may be, and the 
territory not annexed shall be charged with all the ]3ublic 
property within such territory, and all the public funds in the 
hands of the corporate authorities, such division to be agreed 
upon by the same authorities or settled by the court in the 
same manner and upon the same basis as aboA^e provided for 
in dividing the indebtness of said dismembered municipality or 
school district or township. 

§ 9. When a part of a city, village or incorporated town is 
annexed to another city, village or incorporated town, and be- 
fore such annexation, the municipal authorities of the city, vil- 
lage or incorporated town from which the territory is detached 
had made an annual tax levy, then in such case there shall be 



CITIES, TOWNS AXD VILLAGES. 73 



paid over to the treasurer of the city, village or incorporated 
town to wliicli sucli territory is annexed, the pro ratn share 
paid by such territory of said tax levy for said year according 
to the taxable pro]3erty therein, as the same existed immediately 
before such annexation, and charging- such territory its propor- 
tionate share for the expired part of the fiscal year. 

§ 10. AVhen a part of a city, village or incorporated town is 
annexed to another city, village or incorporated town under 
the provisions of this act, and prior to such annexation pro- 
ceedings had been instituted for the purpose of improving any 
streets within such detached portion hj special assessment or 
special taxation, then in such case such proceedings ma}'' be car- 
ried to a finality whether the whole improvement be within the 
detached portion or not. If the whole improvement is to be 
made within the detached portion, then the amount collected 
by such proceedings shall be paid over to the city, village or 
incorporated town to which such territory is annexed, to be used 
by such city, village or incorporated town for the purpose for 
which such proceedings were instituted. If only a part of such 
improvement is to be made within the detached territory, then 
the city, village or incorporated town from which such territory 
is detached may proceed with the same as though such annexa- 
tion had not taken place. 

§ 11. When a part of a city, village or incorporated town is 
annexed to another under the provisions of this act, then in 
that case any proceedings institute'd for the purpose of taking* 
land for the purpose of opening an}^ street or alley, or other 
public way within the territory so annexed, shall not be arrested 
or 8ta.yed, but the same may proceed to a finalitj^ if the city, 
village or incoi'poratecl town to which such territory is annexed 
so elect, and all moneys received from any special assessment or 
tax levied or assessed for such purpose shall be paid over to 
the city, village or incorporated town to which such territoi*}^ 
is annexed, to be used by it for the purposes for which the same 
was collected, such proceedings to be continued in the name of 
the city, village or town from which the territory is detached, 
with like force and effect as though the said territory had not 
been detached therefrom. 

§ 12. If a part of a city, village or incorporated town be an- 
nexed to another village, city or incorporated town, then such 
part of the city, village or incorporated town shall have the 
same use and benefit of any waterworks, gas or electric light 
system owned by such city, village or incorporated town prior 
to such annexation, on the same terms, conditions and restric- 
tions that it had before such anneA'ation; and on the same 
terms, conditions and restrictions, said territory not anneved 
.may thereafter receive the use and benefit thereof; and if a por- 
tion of the territory of an^^ city, village or incorporated town 
be annexed to another city, village or incorporated town, then 
the portion of the city, village or incorporated town not an- 



74 CITIES, TOWNS AND TILL AGES. 



nexed shall have the same use and benefit of any waterworks, 
gas or electric light system owned by such city, village or in- 
corporated town prior to such annexation, on the same terms, 
conditions and restrictions that it had before such annexation, 
and on the same terms, conditions and restrictions said terri- 
tory annexed may thereafter receive the use and benefit thereof. 
Either part of such village, city or incorporated town receiving- 
such benefits as aforesaid, may have its said rights and benefits 
waived by the city council or board of trustees of a city, village 
or incorporated town, to and from which said territory is an- 
nexed and detached, upon such just and equitable terms as they 
may agree, and if they cannot agree, then the matter shall be 
determined by the circuit or county court of the county within 
which such city, village or incorporated town to which territory 
is annexed may lie, on petition of any person interested therein. 
Said court shall determine the matter aforesaid in a summary 
manner and without formal proceedings pronounce judgment as 
the right and equity of the case may require, and such judg- 
ment shall be final and conclusive. 

§ 13. AVhen a part of a city, village or incorporated town 
shall be under the provisions of this act annexed to another 
city, village or incorporated town, then in case the municipal 
authorities of the municipal corporation from which the terri- 
tory is detached and of the municipal corporation to which it 
is attached cannot by ordinance agree as to the division of the 
property or the settlement of their respective rights and all 
matters arising out of said annexation within sixty days there- 
after, then the circuit or county court of the county Avithin 
which either municipal corporation may be, shall hear and de- 
termine all matters so in dispute and give judgment or decree 
as the right of the matter may demand on petition of either 
municipal corporation, and such judgment shall be final and 
conclusive. 

§ 14. All public books, papers and documents, when the 
w^hole of an incorporated city, town or village is annexed, 
under the provisions of this act, on file in any ofiice or with 
any officer thereof, shall be transferred to and filed with the ap- 
propriate officer or department of the city, incorporated town 
or village to which such annexation is made, as the city coun- 
cil or board of trustees thereof, as the case may be, shall di- 
rect; and it shall be the duty of all persons having charge of 
such books, papers and documents to deliver the same to and 
file the same with the appropriate officer or department as in 
this section provided. 

§ 15. AVhen a part of a city, village or incorporated town 
shall be annexed to another citj^, village or incorporated town, 
and any mayor, president, alderman or trustee, clerk, treasurer 
■or attorney for such municipality from which the territory is 
detached shall reside in the territory so detached, then he shall 



CITIE8, TOWXS AND VILLACtES. 75 



continue in office as an officer of sucli municipal corporation 
until the next annual municipal election of such city, village or 
incorporated town as the case may be. 

§ 16. When the whole or any part of such city, village or 
incorporated town shall be annexed to another city, village or 
incorporated toAvn under the provisions of this act, then any 
justice of the peace, or police magistrate, duh" elected, qualified 
and acting at the time that annexation shall take effect, shall 
continue to hold their offices for the terms for which thej were 
respectively elected. All suits, actions, proceedings, complaints, 
prosecutions and special proceedings which shall be pending in 
the territory annexed before any justice of the peace, shall be 
heard and determined as though annexation had not taken 
place, and the said justices of the peace shall continue to exer- 
cise within said territory, the functions of their respective offices 
until the terra thereof shall respectively expire or otherwise 
sooner be determined, in the same manner as though annexa- 
tion had not taken place, and the powers and jurisdiction of 
said justices within said territory, and their fees and emolu- 
ments and methods of procedure shall be as though annexa- 
tion had not taken place. But nothing in this section contain- 
ed shall authorize any service of process issued by a justice of 
the peace or police magistrate of the city, village or incorpor- 
ated town, or give any such justice of the peace jurisdiction 
outside of the territory to which his jurisdiction was limited be- 
fore such annexation, or interfere \\iith the jui-isdiction of any 
justice of the peace or police magistrate of the city to which it 
is annexed over the territory annexed. At the expiration of 
the term of such justices of the peace or police magistrates, all 
dockets and books, papers and files of their respective offices 
shall be filed and deposited with any justice of the peace of 
the city, village or incorporated town to which said territory 
is annexed that the circuit court of the county shall designate 
by order of the court. 

§ 17. All policemen and firemen lawfully in the employ of any 
city, village or incorporated town, the whole of which may be 
annexed to another, as provided in this act, shall be transferred 
to and become a part of the police and fire department force of 
such city, village or incorporated town. 

§ 18. When a part or the whole of an incorporated town, 
village or city is annexed under the provisions of this act, to 
another citj^ village or incorporated town, and prior to such 
annexation an ordinance was in force prohibiting the issuing of 
licenses to keep dram shops within said territory so annexed, 
or any part thereof, or, providing that such licenses shall not be 
issued except upon petition of a majoritj' of the voters residing 
within a certain distance of such proposed dram shops, then 
such ordinance shall continue in full force and effect, notwith- 
standing such annexation : Pro vided, the city council or board 



76 CITIES, TOWNS AND VILLAGES. 



of trustees, as the case may be, may on petition of one-fourth 
of the voters of the territory over which said ordinance extends 
submit at an annual municipal election, but not oftener than 
every other municipal election, the question to the voters of 
such territory whether or not an ordinance shall be passed 
authorizing the issuing of dram shop licenses for such territory: 
And, provided, further, that upon petition in such case of one- 
fourth of the voters within any part of said annexed territory 
not less than one-half square mile in extent, asking that any 
such ordinance shall be continued in force in said portion of 
said annexed territory, said question of issuing dram shop 
licenses shall be submitted separately to the voters of said por- 
tion of said annexed territory, and if a majority of the voters 
voting on such question vote against dram shops, then said or- 
dinance shall continue in force in said portion of said territory; 
otherwise, not. The ballots cast at such election shall be 
Avritten or printed, or partly w^ritten and partly printed, "For 
Dram Shops," or "Against Dram Shops,'' respectively, and 
shall be received, canvassed and returned the same as ballots 
cast at said election for municipal officers, and if it shall appear 
that a majority of the voters so voting upon the question vote 
"For Dram Shops," then licenses may be issued for said terri- 
tory on the same terms and conditions as licenses are granted 
by ordinance within other parts of the municipality. It is in- 
tended by this section to continue in fall force and effect all or- 
dinances of any municipahty, the whole or part of which is an- 
nexed to another city, incorporated town or village, whereby 
the licensing of dram shops is prohibited or regulated within 
said city, village or incorporated town, or any part thereof, 
without the voters of the territory so affected consent, as 
hereby provided, to the repeal of such ordinance by the city, 
village or incorporated town to which the territory is annexed. 

§ 19. Whenever the Avhole or a part of any city, village or 
incorporated town is annexed to a city having 30,000 inhabi- 
tants or more, and such annexed territory is three or more 
square miles in extent, or contains 15,000 inhabitants and not 
more than 25,000 inhabitants, then such annexed territory 
shall constitute a ward of the city to which it is annexed, and 
the city council of such city shall authorize the legal voters of 
such annexed , territory to elect two aldermen from such ward 
in such annexed territory, which said aldermen from such an- 
nexed territory shall be additional aldermen to the number 
theretofore lequired in such city, and shall possess all the quali- 
fications of and be elected at the time and in the manner pro- 
vided bylaw: Provided, that if said annexed territory shall 
contain more than 25,000 inhabitants, then the city council 
shall authorize the legal voters of such annexed territory to 
elect two aldermen for every 25,000 inhabitants thereof, and 
two additional alderman for a fraction of 15,000 inhabitants 
or more, the number of inhabitants to be determined by the 



CITIES, TOWNS AND VILLAGES. 77 



last preceding; national, state or school census of snch annexed 
territory, and if any such annexed territory has less than 15,- 
000 inhabitants and is less than three square miles in extent, 
then the city council shall annex it to any ward or wards which 
it adjoins: Provided, further, that nothing herein shall prevent 
the city council from redistricting such city according to law\ 

§ 20. When the whole of a city, village or incorporated town 
or part of the same, "is annexed to another city, village or in- 
corporated town under the provisions of this act, and within 
such territory so annexed, sewers were before such annexation 
laid or built by special assessment, then in such cases the city, 
village or incorporated town to which such territory is annexed 
may continue to lay or build sewers or establish a drainage 
system by drainage districts within such annexed territory hj 
special assessment or special taxation if it shall so elect. 

§ 21. Whenever any territory being a part of a city, village 
or incorporated town has been annexed to an adjoining town 
which is wholly within the limits of a city, village or incorpor- 
ated town under the provisions of an act entitled "An act to 
amend sections 2, -1, 6, 7, 10, 11 and 12 of aiticle 3 of an act 
entitled 'An act to revise the law in relation to township or- 
ganization, approved and in force ^larch 4, 1871,' approved 
June 15, 1887, in. force July 1, 1887," then and in such cases 
such territory which has been so annexed to and become a part 
of the city, village or incorporated town within which such town 
lies, to which such territory has been annexed in the manner fol- 
lowing, viz : A petition may be presented to the county board 
of the county within which such city may lie, signed by a 
majority of the legal voters of the territory so annexed to such 
town, and thereupon if said county board shall find that such 
petition is signed by a majority of the legal voters of said ter- 
ritory, the county l3oard shall thereupon by resolution annex 
such territory to said city, village or incorporated town. And 
upon such declaration by the county board the limits of said 
city, village or incorporated town shall thereupon be extended 
to include the territory annexed to said town: Provided, this' 
section shall not be held to prohibit the annexation of such 
territory in any other manner as provided in this act. 

§ 22. All acts and parts of acts in conflict herewith are 
hereby repealed. 

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

Approved April 25, 1889. 



78 CITIES, TOWNS AND VILLAGES. 



ALDERMEN. 

§ 1. Amend'? section 2, art. 3, act of 1872, by §2. Emergency, 
designating the number of aide men 
whijh [shall be elected to the cit\r 
council from annexed territory, ac- 
cording to area and population, and 
for redistricting for representation 
in the council in cities having over 
350,000 inhabitants. 

An Act to Rinencl section two of Rrticle III, of an act entitled 
"An act to provide for the incorporation of cities and villages," 
approved April 10, 1872, in force July 1, 1872; as amended 
by an act passed May 20, 1887, in force July 1, 1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section two of 
Article III, of an act entitled "An act to provide for the incor- 
poration of cities and villages,'' approved April 10, 1872, in 
force July 1, 1872 ; as amended by an act passed May 20, 1887, 
in force July 1, 1887, be and the same is hereby further amended 
so as to read as follows: 

Section 2. The number of aldermen, when not elected by the 
minority representation plan, shall be as follow^s: In cities not 
exceeding 3,000 inhabitants, six aldermen; exceeding 3,000, but 
not exceeding 5.000, eight aldermen; exceeding 5,000 and not 
exceeding 10,000, ten aldermen; exceeding 10,000 and not ex- 
ceeding 30,000, fourteen aldermen; and two additional aldermen 
for every 20,000 inhabitants over 30,000: Provided, however, 
that in cities of over 350,000 inhabitants there shall be elected 
forty-eight aldermen and no more, unless additional territory shall 
be annexed to such city, after such city shall have been divided 
into wards on the basis of fortj^-eight aldermen, in which case 
and as often as new" territory' shall be annexed to such city, as 
aforesaid, containing Three or more square miles of territory or 
15,000 inhabitants and not exceeding 25,000 inhabitants, such 
annexed territory shall constitute a ward of such cit}', and the 
city council of such city shall authorize the legal voters of such 
annexed territory to elect two aldermen from such ward, in such 
annexed territory, which said aldermen in such annexed terri- 
tory shall be additional to said fortj'-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 : Pro vided, that if said annexed territory shall con- 
tain more than 25,000 inhabitants, then the cit,y council shall 
authorize the legal voters of such annexed territory to elect two 
aldermen for eveiy 25,000 inhabitants thereof, and two addi- 
tional aldermen for everv fraction *of 15,000 inhabitants or 



CITIES, TOWNS AND VILLAGES. 79 



more, the number of inhabitants to be determined by the last 
preceding national, state or school census of such annexed ter- 
ritory. And if any such annexed teri'itory has less than 15,000 
inhabitants, and less than three square miles in extent, then the 
city council shall annex it to any ward or wards which it ad- 
Joins: Provided, further, that when the number of aldermen in 
any such city shall reach seventy by reason of such annexed 
territory, the city council shall redistrict said city into thirty- 
five new wards and no more; and when said number of aldermen 
shall reach seventy, if any new territory is thereafter annexed 
which shall contain 25,000 inhabitants or more, as determined 
by the last preceding* national, state, school or other census 
authorized hy law to be taken, then said city council shall re- 
district said city into thirty-five wards: Provided, further, tha,t 
whenever after such new territory shall have been annexed, as 
aforesaid, said city shall be redistricted, the number of wards 
at the time said city is so redistricted shall be preserved, and the 
city council thereof ma.>', 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 in- 
habitants: And, 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 dut}^ of the city council 
thereof to proceed without delay and redistrict such city in 
accordance with the provisions hereof, and to call and hold its 
next city election in accordance with such new redistricting: 
Provided, that at such election the aldermen who hold over 
shall be considered aldermen for the new wards respectively in 
which their residence shall be, unless there shall be two or more 
aldermen who hold over in the same ward under this proviso, 
then in such case it shall be determined by lot in presence of the 
city council in such manner as they shall direct, which aldermen 
shall hold over for such ward. 

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

Approved June 4, 1889. 



80 



CITIES, TOWNS AND VILLAGES. 



FIREMEN S PENSION FUNDS. 



Eetired members, on account of dis- 
ability; pay of. 

Pensions to widow and minor cliildt en ; 

limitation; pro rata payments. 
Ee ired members on account of ser- 
vice; limi'ation; assignment of re- 
tired members to jight duty; pen- 
sion of retiied m^ mbers shall accrue 
o widow, while unmarried, or to 
minor children, under Id years. 



§ 1. Amends sections 3, 4, 7, 8 and 10 of 

the act of 1887. 
§ 3. Control and management of the fund ; 

assessments of 1 per centum of the 

salaries of firemen; rules and regu- § 10. 

lations f o ■ the government of the 

board; applica ions for relief or 

pensions, heard and determin d; 

record of proceedings to be kept. 
§ 4. Rewards in money, fees, gifts, etc., 

shall be paid into and constitute 

part of the fund ; grants, gifts and be- 
quests of real esta e may be accepted 

by said board; limitaton; perma- 
nent fund; in;erest on permanent 

fund. 

An Act to amend sections three -(3), seven (7), eight (8) and 
ten (10) of an act entitled '^An act to create a hoard of trus- 
tees of the Firemen's Pension Fund; to provide and distrib- 
ute such fund for the pensioning of disabled firemen and the 
widows and minor children of deceased firemen; to authorize 
the retirement from service and pensioning of members of the 
fire department, and for other purposes connected therewith, 
in cities, villages or incorporated towns whose population ex- 
ceeds fifty thousand inhabitants having a paid tire depart- 
ment,' ' approved May 13, 1887, in force July 1, 1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section three 
(3), four (4), seven (7), eight (8) and ten (10), of an act en- 
titled "An act to create a board of trustees of the Firemen's 
Pension Fund; to provide and distribute such fund for the pen- 
sioning of disabled firemen, and the widows and minor children 
of deceased firemen; to authorize the retirement from service 
and pensioning of members of the fire department, and for other 
purposes connected therewith, in cities, villages or incorporated 
towns whose population exceeds fifty thousand inhabitants, 
having a paid fire department," approved May 13, 1887, in 
force Jul,y 1, 1887, be amended as follows: 

Section 3. The said board shall have exclusive control and 
management 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, superannuated and retired members of 
the fire departments, their Avidows and minor children, and 
shall assess each member of the fire department not to exceed 
one per centum of the salary of such member, to be deducted 
and withheld from the monthly paj^ of each member so assess- 
ed, the same to be placed by the treasurer of such city, village 
or incorporated town, who shall be ex othcio treasurer of such 
board, to the credit of such fund, subject to the order of such 



CITIES, TOWNS AND VILLAGES. 81 



board. The said board shall make all needful rules and regula- 
tions for its government in the discharge of its duties, and shall 
hear and decide all applications for relief or pensions under this 
act, and its decisions on such applications shall be final and 
conclusive, and not subject to review or reversal except by the 
board. The board shall cause to be kept a record of all its 
meetings and proceedings. 

Section 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 en- 
dow a medal or other permanent or competitive award), shall 
be paid into said pension fund. The said board of trustees 
may take by gift, grant, devise or bequest, any money, real 
estate, personal property, right of property or other valuable 
thing, the annual income oi which shall not exceed one hun- 
dred thousand dollars (|100,000) in the whole; and such 
money, real estate, personal property, right of property or 
other valuable thing so obtained, (also all fines and penalties 
imposed upon members of such fire department,) shall in like 
manner be paid into said pension fund and treated as a, part 
thereof, (for the uses of such pension fund): Provided, that the 
sum of two hundred thousand dollars (f 200,000) which may be 
received and accumulated, shall be, when so received and accu- 
mulated, retained as a permanent fund, and thereupon and 
thereafter the annual income may be made available for the 
uses and purposes of such pension fund. 

Section 7. If any member of the fire department of any 
such city, village, or incorporated town, shall, while in the per- 
formance of his dut5^ become and be found upon an examina- 
tion by a medical officer, ordered by said board of trustees, to 
be physically or mentally permanently disabled, by reason of 
service in such department, so as to render necessary his re- 
tirement from service in said fire department, said board of 
trustees shall retire such disabled member from 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 such fire department. Upon 
such retirement, the said board of trustees shall order the 
payment to such disabled member of such fire department, 
monthly, from said pension fund, a sum equal to one-half the 
monthly compensation allowed to such member as salary at 
the date of his retirement. 

Section 8. If any member of such fire department shall, 
while in the performance of his duty, be killed, or die as the 
result of an injury received in the line of his duty, oi" of any 
disease contracted by reason of his occupation, or if any mem- 
ber of such fire department shall, while in said service, die from 
—6 



82 CITIES, TOWNS AND VILLAGES. 



any cause while in said service, or during retirement, or after 
retirement after twenty-two years' service, as hereinafter pro- 
vided, and shall leave a widow, minor child or minor children 
under sixteen years of age, surviving, said board of trustees 
shall direct the payment from said pension fund of the follow- 
ing sums monthly, to-wit: To such widoAV, while unmarried, 
thirty dollars; to the guardian of such minor child or children, 
six dollars for each of said children until it, or they, reach the 
age of sixteen years: Provided, however, that there shall not 
be paid to a family of a deceased member a total pension ex- 
ceeding one-half the amount of the monthly salary of such de- 
ceased member at the time of his decease; or, if a retired mem- 
ber, a sum not exceeding one-half the amount of the monthly 
salary of such retired member at the date of his retirement. 
If at any time there shall not be sufficient money in such pen- 
sion fund to pay each person entitled to the benefits thereof 
the full amount per month, as hereinbefore provided, then, and 
in that event, an equal percentage of such monthly payments 
shall be made to each beneficiary thereof, until the said fund 
shall be replenished to warrant the payment in full to each of 
said beneficiaries. 

Section 10. Any member of the fire department of any such 
city, village or incorporated town, after becoming fifty years 
of age and haA^ng served twenty-two j^ears or more in such fire 
department, of which the last two years shall be continuous, 
may make application to be relieved from such fire department, 
or if he shall be discharged from such fire department, the said 
board of trustees shall order and direct that said person shall 
be paid a monthly pension equal to one-half the amount of 
salary attached to the rank which he may have held in said 
fire department at the date of his retirement or discharge; and 
the said board upon the recommendation of the fire marshal 
or chief officer of any fire department, provided for in this act, 
shall have the power to assign members of the fire department 
retired or drawing pensions under this act, to the performance 
of light duties in such fire department in case of extraordinary 
emergencies. After the decease of such member, his widow or 
minor child or children under sixteen years of age, if an^^ sur- 
viving him, shall be entitled to the pension provided for in this 
act, but nothing in this or any other section of this act shall 
warrant the payment of any annuit3' to any widow of a de- 
ceased member of such fire department after she shall have re- 
married. 

Approved March 28, 1889. 



CITIES, TOWNS AND VILLAGES. 



83 



PLEASURE DRIVEWAYS. 



§ 1. Municipal authorities in cities, towns 
and villages authorized to establish 
and maintain not more than two 
pleasure driveways, upon petition 
of proi e ty owners on the streets 
or avenues so designated. 



§ 2. Such driveway to be 'laid out and im- 
proved under the provisions of ait. 
9 of the act providing for the incor- 
poration of oities and villages. 

§ 3. Eegu ation and control of such drive- 
ways when established. 
§ 4. Emergency. 



An Act to provide for pleasure driveways in incorporated 
cities, villages and towns. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the city coun- 
cil in cities, the president and the board of trustees in villages, 
or the board of trustees in incorporated towns, whether incor- 
porated under the general law or special charter, shall have the 
power to designate by ordinance the whole or any part of, not 
to exceed two streets, roads, avenues, boulevards or highways, 
under their jurisdiction, as a public driveway, to be used for 
pleasure driving only, and to improve and maintain the same, 
and also to lay out, establish, open, alter, widen, extend, grade, 
pave, or otherwise improve and maintain not more than two 
roads, streets or avenues, and designate the same as pleasure 
driveways, to be used for pleasure driving only: Provifled, said 
powers shall only be exercised when said corporate authorities 
are petitioned thereto by the owners of more than two-thirds 
{%) of the frontage of land fronting upon said proposed pleasure 
driveways. 

§ 2. Said pleasure driveways may be laid out, extended and 
improved under the provisions of article 9, of an act to provide 
for the incoi-poration of cities and villages, approved April 10, 
1872, in force July 1, 1872, and any and all amendments 
thereto. 

§ 3. Said corporate authorities may, by ordinance, regulate, 
restrain and control the speed of travel upon said pleasure 
drives, and prescribe the kind of vehicles that shall be allowed 
upon the same, and in all things may regulate, restrain and 
control the use of said pleasure clriveways hj the public or in- 
dividuals, and may exclude therefrom funeral processions, 
hearses and traffic teams and vehicles, so as to free the same 
from any and all business traffic or objectionable travel, and 
make the same a pleasure driveway for pleasure driving only, 
and may prescribe in such ordinances such fines or penalties for 
the violation thereof as they are allowed by law to prescribe 
for the violation of other ordinances. 



84 CITIES, TOWNS AND VILLAGES. 



§ 4. Whereas, certain municipalities are about establishing 
such pleasure driveways, or boulevards, and doubts exist as to 
their power so to do, therefore an emergency exists for the pas- 
sage of this act, and the same shall take effect and be in force 
from and after its passage. 

Approved March 27, 1889. 



PRESIDENTS OF BOARDS OF TRUSTEES. 

§ 2. Emergency. 



§ 1. Amends section 9, article 11, act 1872, 
by defining the powers of presi- 
dents and boards of trustees in vil- 
lages, and fixing the salary of the 
president. 



An Act to amend section nine of article eleven, of "An 
act to provide for the incorporation of cities and villag-es," 
approved April 10, 1872, in force July 1, 1872. 

Section 1. Be it enacted by the people of the State of Illi- 
nois, represented in the General Assembly: That section nine 
of Article eleven of "An act to provide for the incorpora- 
tion of cities and villages," be amended so as to read as fol- 
lows : 

Section 9. The president of the board of trustees shall per- 
form the duties and exercise the powers conferred upon the 
mayor of a city and shall receive as compensation therefor a 
salary to be fixed by the board of trustees, which salaiy shall in 
no case exceed two thousand dollars (f 2,000) per annum. And 
the trustees shall perform the duties and exercise all the powers 
conferred upon aldermen in cities; and the president and board 
of trustees may exercise the same powers conferred upon the 
mayor and city council of cities, and pass ordinances in like 
manner. The president of the board of trustees may exercise 
the same veto powers, and with like effect, as the mayor of a 
city; and the board of trustees may pass ordinances over such 
veto in like manner as a city council. 

§ 2. Whereas, uncertainty exists as to the powers that may 
lawfully be exercised b}^ the presidents of boards of trustees, 
therefore an emergency exists, and this act shall be in force from 
and after its passage. 

Approved May 22,. 1889. 



CITIES, TOWNS AND VILLAGES. 



85 



SALE OF EEAL AND PERSONAL ESTATE. 



§ 2. 



Cities and villages may by ordinance 
adopted by a three-foui'ths vote 
seU real and personal estate no 
longer necessary or profitable to the 
corporation. 

Publication of ordinance of sale ; des- 
cription of property; advertising for 



§ 3. 



sealed proposals; bids opened at a 
regular meeting of the council or 
board of trustees ; acceptance of bids 
must be by a three-fourths vote; 
bids may be rejected by a majority 
vote. 
Deeds of conveyance. 



An Act to authorize cities and villages to convey any real or 
personal estate, or their right and title therein, when the 
same shall be no longer necessary for, or profitable to, or 
its longer retention be for the best interests of such city or 
village. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That any city or 
village incorporated under any general or special law of this 
State, which shall have acquired or hold any real or personal 
estate for any purpose whatsoever, is hereby authorized and em- 
powered by ordinance passed by three-fourths of the members of 
the city council of any such city, or of the board of trustees of any 
such village, at any regular or at any special meeting called for 
such purpose, to sell such property when the same shall, in the 
opinion of such majority of such city council or board of trustees, 
be no longer necessary, appropriate or required for the use of such 
city or village, or profitable to, or its longer retention be for the 
best interests of such city or village. 

§ 2. Such ordinance shall specify the location of such real or 
personal estate, and the use thereof, of whatever kind the same 
may be, and before any sale shall be made under or by virtue of 
any such ordinance, by the city council of any such city, or the 
board of trustees of any such village, such ordinance and pro- 
posal to sell shall be published in one of its daily or weekly papers 
for a period of not less than sixty days, and if no paper be pub- 
lished in such city or village, then it shall be published in some 
paper of general circulation in this State nearest to such city or 
village. Such notice shall contain an accurate description of such 
propert^y, the purpose for which it is used, and at what meeting 
the bids will be considered and opened, and shall advertise for 
sixty days for bids therefor. All such bids shall be opened only 
at a regular meeting of such city council or board of trustees, and 
shall be accepted only upon a vote of three-fourths of the mem- 
bers of such city council or board of trustees: Provided, however, 
that the city council or board of trustees may by a majority vote 
reject any and all bids. 



86 CITIES, TOWNS AND VILLAGES. 



§ 3. Upon any bid having been accepted and the purchase 
price duly paid or secured, the mayor and city clerk, or the presi- 
dent of the board of trustees and the clerk of such board, shall 
have the power to convey such real and personal estate and trans- 
fer the same to such pai'ty or parties whose bids have been 
accepted, by proper deed or deeds of conveyance, stating therein 
the price therefor, with the seal of the corporation. 

Approved, March 22, 1889. 



sewp:rage fund tax. 

§ 1. Amends section 1 of the act of 1888, by | § 2. Emergency, 
adding the third proviso. | 

An act to amend section one (1) of an act entitled "An act in 
relation to the levy and collection of taxes for sewerage and 
water works in cities of this State that may have established 
a system of sewerage and water works for such city, and to 
repeal an act therein named, and to authorize the cities, vil- 
rages and incorporated towns of this State to levy and col- 
lect taxes to pav for water and light,''' approved June 21, 
1883, in force July 1, 1883. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section one of 
an act entitled ''An act in relation to the levy and collection of 
taxes for sewerage and water works in cities of this State that 
may have established a s_ystem of sewerage and water works for 
such city, and to repeal an act therein named, and to authorize 
the cities, villages and incorporated towns of this State to levy 
and collect taxes to pay for water and light," approved June 
21, 1883, in force July 1, 1883, be amended so as to read: 
That the legislative authority of any city which now has, or 
may hereafter have established a system of sewerage for such 
city, shall have power annually to levy and collect a tax upon 
the taxable real and personal estate of such city, not to ex- 
ceed one mill on the dollar, for the extension and laying of 
sewers therein, and the nmintenance of such sewers, which tax 
shall be known as "The Sewerage Fund Tax," and shall be 
levied and collected in the same manner that other general taxes 
of any such city are levied and collected: Provided, however, 
that the board of public works of such city, if any, or the head 
of the sewer department of such city, shall first certify to such 
legislative authority the amount that will be necessary for such 
purpose: Provided, further, that a two-thirds nmjority of all 
the members-elect of the legislative authority of such city may 
levy a tax for such purposes not to exceed three mills on each 



CITIES TOWNS AND VILLAGES. 87 



dollar of the taxable property of such city: And provided, such 
^'Sewerage Fund Tax" shall not be included, prior to the year 
1891, in the aggreo-ate 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. 

§ 2. Whereas, It is necessary for the cities and villages of 
this State to pass an appropriation bill in the first quarter of 
the fiscal year thereof, an emergency exists, therefore this act 
shall be in force from and after its passage. 

Approved March 22, 1889. 



SPECIAL ASSESSMENTS. 

S 1. Amends section 19, article 9, act of 1872, by striking out all reference to des rip- 
tion by plats, maps, etc., and providing that when the majority of the property 
owners on any block or street petition for the improvement the council or board 
shail order it. 

An Act to amend section nineteen, Rrtiele nine, chapter twenty- 
four of an act entitled, "An act to provide for the incorjjora- 
tion 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 Illi- 
nois, represented an the General Assembly: That section nine- 
teen (19), of article nine (9), chapter twenty-four (24), of an 
act entitled, "An act to provide for the incorporation of cities 
and villages," approved April 10, 1872, in force July 1, 1872, 
be amended so as to read as follows: 

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 effect, specifying therein the nature, character, locality 
and description of such improvement: Provided, that where 
the owners of a majority of the property in any block abutting 
on any street, alley, park or public place shall petition the 
common council in cities, or board of trustees in villages, for 
any local improvements, it shall be the duty of said council or 
board of trustees to pass an ordinance for said improvement : 
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 



88 CITIES, TOWNS AND VILLAGES. 



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. 

Approved June 1, 1889. 



STATIONARY ENGINEERS. 



Persons in charge of stationary en- 
gines shall submit to 'such exami- 
nation, and licenses shall be issued 
to qualified persons. 



§ 1. City councils and boards of trustees 
authorized to provide for the exam- 
ination and licensing of engineers 
in charge of stationary engine, and 
to provide penalties for a violation 
thereof. 

An Act to insure the better protection of life and property from 
steam boiler explosions. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the city council 
in cities, and the president and board of trustees in towns and 
villao^es, shall have power to adopt ordinances within their res- 
pective limits to provide for the examination, licensing and 
regulation of persons having charge of steam boilers under 
steam pressure, exhausting through an engine, to fix the amount, 
terms and manner of issuing and revoking licenses to such 
persons; to provide that it shall not be lawful for any person 
to exercise within the limits of the respective cities, towns and 
villages, which may adopt such ordinances, the business of 
operating steam boilers, under steam pressure, exhausting 
through an engine, without a license ; and to provide that any 
person violating the provisions of such ordinances shall be 
liable to a penalty for each breach thereof. 

§ 2. To require that all persons engaged in such occupation 
within the jurisdiction of such towns, cities and villages so 
adopting such ordinances, shall submit to an examination by 
a competent board of examiners to be appointed by such coun- 
cils and boards of trustees, touching their competency and 
qualifications in regard to such vocations, with power to such 
board of examiners to license such persons as may be found 
capable and trustworthy^ in that behalf. 

Approved June 3, 1889. 



cijAims commission. 



89 



CLAIMS COMMISSION. 



COMMISSION CREATED. 



§ 1. Amends sections 1, 2 and 6 of the act 
of 1887 : 
Section 1. Appointment of 'he com- 
mission by the Governor ; political 
complexion; shall be learned in the 
law; term of office; annual ses- 
sions at the Capitol; baiUff and mes- 
senger. 
Section 2. Eules and regulations for 
the government of the commission. 
Duties of the commission: 

1. To hear and determine all unad- 
justed claims against the State. 

2. To hear and determme all claims 
for damages to private property 
taken for public improvement. 

3 To hear and determine all claims 



against any state board of trus- 
tees or commissioners. 

4. To hear and determine all unad- 
justed claims. 

5. To examine setoffs, counter 
claims and claims for damages 
presented on the part of the State. 
All claims shall be heard and 
determined according to the rules 
of the commission: written state- 
ment for the decision filed with 
each claim: award of claims. 

Section 6. Salary of commissioners^ 
bailiff and messenger; duration of 
session. 

2. Act of 1881 repealed. 



An Act to amend section one, two and six, of an act entitled 
^'An act to create a commission of claims and to prescribe 
its powers and duties,'' approved May 29, 1877, in force 
July 1, 1871, and to repeal the act of May 30, 1881, 
amendatory thereof. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That section one, 
section two and section six, of an act entitled, "An act to 
create a commission of claims and to prescribe its powers and 
duties," approved May 29, 1877, in force July 1, 1877, be,^ 
and the same are, hereby amended to read as follows : 

Section 1. The commission of claims established by the act 
of the General Assembly, approved May 29, 1877, entitled "An 
act to create a commission of claims, and to prescribe its 
powers and duties,'' shall be continued. It shall consist of 
three persons, not more than two of whom shall belong to the 
same political party, learned in the law and experienced in its 
practice, appointed by the Grovernor, by and ' with the advice 
and consent of the Senate, who shall hold their offices, for the 
term of four years, from the time of their appointment and 
until their successors or the successor of either of them shall 
be appointed. One of the said persons shall be designated in 



90 CLAIMS COMMISSION. 



Ms appointment as president of the commission of claims, and 
each of the others as commissioner of claims. Said commission 
shall hold a session at the Capitol of this State on the first 
Monday of August, A. D., 1889, and everj^ year thereafter, in a 
room provided by the Secretary of State, and shall continue 
their session until the business before them shall be disposed of 
for such session. The commission of claims may appoint a 
bailiff and a messenger to attend its sittings. 

Section 2. The commission of claims shall have power to 
make such rules, not inconsistent with or contrary to law, for 
the government of proceedings before it, as it may deem 
proper, and shall have the same power to enforce such rules, 
and to preserve order and decorum in its presence, as is vested 
by common law or statute of this State in any court of general 
jurisdiction. And it shall be the duty of said commission to 
hear and determine the following matters : 

First. All unadjusted claims founded upon any law of this 
State, or upon anj^ contract expressed or implied with the 
government of this State, and all claims which may be referred 
to it by either house of the General Assembly. 

Second. All claims against the State for the taking or 
damaging of private property by the State for public purposes 
in the construction, or for the use of any State institution, 
river, canal, or other public improvement, which have not been 
already' barred by any statute or law of limitations, or hereto- 
fore heard and determined bv said commission. 

Third. All unadjusted and controverted claims against the 
board of trustees, or board of directors of any of the public 
educational, charitable, penal or reformatory institutions of the 
State, canal commissioners, commissioners for the construction 
of the State Capitol building. State Board of Education, the 
militar}'^ power of the State when called into- action for the 
preservation of the pubhc peace or order, or for instruction in 
camp, arising out of any contract expressed or implied, or any 
tort, or for any damages, whether liquidated or unliquidated, 
or any other claim or demand whatsoever. 

Fourth. All other unadjusted claims of whatsoever nature or 
character against the State of Illinois. 

Fifth. All setoffs, counter claims, claims for damages, whether 
liquidated or unliquidated, or other demands whatsoever on the 
part of the State of Illinois, or emj board of trustees, directors, 
or commissioiiers, or military authority against w^hom any such 
claim shall have been presented to sucli commission. And such 
commission shall hear such claims according to its rules and 
established practice, and determine the same according to the 
principles of equity and justice, except as otherwise provided in 
the laws of this State, and shall file with the records of each 
claim determined a brief written statement of the reason of the 
determination, and in case such commission shall allow all or 



CORPORATIONS. 91 



any part of such claim, thej^ shall make an award in favor of 
the claimant, finding the amount due to each claimant, which 
sai'd award shall be filed and recorded in the office of the 
Auditor of Public Accounts in a book to be by him kept for 
that purpose. 

Section 6. The commissioners shall receive a salarj^ of fifteen 
dollars, the bailiff a salary of three dollars, and the messenger 
a salary of two dollars a day for the number of days actually 
occupied in the business of the commission: Provided, that in 
no case shall their session continue longer than ninety days in 
any one year, to be certified by the president of the commission 
to the Auditor of Public Accounts, and to be audited and paid 
in the same manner as other public moneys. The Auditor of 
Public Accounts shall receive no additional compensation for 
services in claims allowed and recorded, but the commissioners 
may make such orders as they ma^' deem proper for securing 
the payment of costs in claims not allowed: Provided, no 
security for costs shall be required in any claim referred to said 
commission by either house of the General Assembh'. 

Section 2. An act in legard to the jurisdiction of the com- 
missioners of claims, approved May 30, 1881, in force July 1, 
1881, is hereby repealed. 

Approved June 3, 1889. 



CORPORATIONS. 



ASSOCIATIONS NOT FOR PROFIT — POWERS. 



Amends section 32, by deflning when and 
where trustees shall be elected un- 
less the same shall be stated in the 
certificate of incorporation. 



§ 1. Amends section 31, act of 1872, by i e- 
quiring the trustees ' r directors to 
mnke by-laws providing for annual 
meetings, and fo ■ calling special 
meetings, and the number of mem- 
bers that shall constitute a quorum; 
members may vote in person or by 
proxy: amending the by-laws. 

An Act to amend sections thirty-one and thirty-two of an act 
entitled ^'An Act concerning corporations,^^ approved April 
18. 1872, and in force July 1, 1872. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly: That sections thirty- 



92 CORPORATIONS. 



one and thirty -two of an act entitled "An Act concerning cor- 
porations," approved April 18, 1872, and in force July 1, 1872, 
be and the same are herebj^ amended so as to read as follows: 

Section 31. Corporations, associations and societies, not for 
pecuniary profit, formed under this act shall be bodies corpor- 
ate and politic, by the name stated in such certificate; and by 
that name they and their successors shall and may have suc- 
cession, and shall be persons in law capable of suing and being 
sued; may have power to make and enforce contracts in rela- 
tion to the legitimate business of their corporatioji, society or 
association; may have and use a common seal, and may change 
or alter the same at pleasure, and the3^ and their successors, by 
their corporate name, shall, in law, be capable of taking, pur- 
chasing, holding and disposing of real and personal estate for 
purposes of their organization; may, by their trustees, direct- 
ors or managers, make by-laws not inconsistent with the Con- 
stitution and laws of the State, or of the United States, which 
by-laws, among other things, shall prescribe the duties of all 
officers of the corporation, society or association, and the quali- 
fication of members of the corporation, and shall provide for 
annual meetings of such members, and for the calling of special 
meetings, when necessary, and for the number of members that 
shall constitute a quorum for the transaction of business at 
any such annual or special meetings. At any such meeting mem- 
bers of the corporation may take part and vote in person or by 
prox3\ The by-laws of the corporation, made by the trustees, 
directors or managers, may be modified, altered or amended at 
any such annual meeting, or at any adjourned session thereof. 
Associations and societies which are intended to benefit the 
widows, orphans, heirs and devisees of deceased members thereof, 
and members who have I'eceived a permanent disability, and 
where no annual dues or premiums are required, and where the 
members shall receive no money as profit or otherwise, except 
for permanent disability, shall not be deemed insurance com- 
panies. 

Section 32. Corporations, associations and societies, not for 
pecuniary profit, formed under the provisions of this act, may 
elect trustees, directors or managers from the members thereof, 
in such manner, at such times and places, and for such periods 
as may be provided by the certificate of incorporation, or in 
case such certificate does not contain such provisions, then as 
may be provided by the by-laws, which trustees directors or 
managers shall have the control and management of the affairs 
and funds of the corporation, society or association. Said 
trustees, managers or directors may, upon consent of the cor- 
poration, society or association, expressed by the vote of a 
majority of the members thereof, borrow money, to be used 
solely for purposes of their organization, and may pledge their 
property therefor. Whenever trustees, managers or directors 



CORPORATIONS. ♦ 93 



shall be elected, a certificate under the seal of the corporation, 
giving the names 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 trustees, directors or managers, shall be filled in the 
manner provided b^^ their by-laws, and upon filling any vacancy 
a like certificate shall be recorded. 



Approved June 4, 1889. 



POWERS — PRIVATE CHARTERS. 

I 1. Amends section 5 of the act of 1872 by making it apply to corporations existing by 
virtue of special acts. 

An ACT to amend an act entitled "An act concerning corpora- 
tions,'' approved April 18, 1872, in force July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section five 
of an act entitled "An act concerning corporations," approved 
April 18, 1872, in force July 1, 1872, be, and the same is 
hereby amended to read as follows: 

Section 5. Corporations formed under this act shall be 
bodies corporate and politic for the period for which they are or- 
ganized: may sue and be sued; may have a common seal, which 
they may alter or renew at pleasure; may own, possess and en- 
joy 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 not required for the uses of the corporation. 
They may borrow money at legal rates of interest, and pledge 
their property, both real and personal, to secure the payment 
thereof, and may have and exercise all the powers necessary 
and requisite to carry into effect the objects for which they 
may be formed: Provided, however, that all real estate so ac- 
quired in satisfaction of any liability or indebtedness, unless the 
same may be necessary and suitable for the business of such 
corporation, shall be offered at public auction at least once 
every year, at the door of the court house of the county 
wherein the same be situated, or on the premises so to be sold, 
after giving notice thereof for at least four consecutive weeks 
in some newspaper of general circulation published in said 
county; and if there be no such newspaper published therein, 



94 CORPORATIONS. 



then in the nearest adjacent county where such newspaper is 
pubhshed; and said real estate shall be sold whenever the price 
offered for it is not less than the claim of such corporation, in- 
cluding all interest, costs and other expenses: And provided, 
farther, that in case such corporation shall not, within such 
period of five years, sell such land either at public or private 
sale, as aforesaid, it shall be the duty of the State's Attorney 
to proceed by information in the name of the People of the 
State of Illinois, against such corporation, in the Circuit Court 
of the county within which such lands, so neglected to be sold, 
shall be situated; and such court shall have jurisdiction to hear 
and determine the fact, and to order the sale of such land or 
real estate at such time and place, subject to such rules as the 
court shall establish. The court shall tax, as the fees of the 
State's Attorney, such sum as shall be reasonable; and the pro- 
ceeds of such sale, after deducting the said fees and costs of pro- 
ceedings, shall be paid over to such corporation. The provisions 
of this section shall apply to and be binding upon all corporations 
now existing by virtue of any special charter granted by this 
State. 

Approved June 5, 1889. 



RELIGIOUS SOCIETIES. 

§ 1. Amends section 42, act of 1872, by authorizing religious corporations to receive by 

gift, devise or purchase 20 acres of lan'd for building and burial piurposes; but 

only 10 acres shall be exempt from taxation. 

An Act to amend section forty-two {42) of an act entitled "^An 
act concerning corporations,'^ approved April 18, 1872, in 
force July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section forty- 
two (42) of an act entitled "An act concerning corporations,'' 
approved April 18, 1872, in force July 1, 1872, be amended so as 
to read as follows: 

Section 42. Any corporation that may be formed for reli- 
gious purposes under this act, oi' any law of this State, for the 
incorporation of religious societies, may receive, by gift, devise 
or purchase, land not exceeding in quantity twenty (20) acres, 
and may erect or build thereon such houses, buildings or other 
improvements as it may deem necessary for the convenience and 
comfort of such congregation, church or society, and may lay 
out and maintain thereon a burying ground: Provided, that 



CORPORATIONS. 



95 



only ten acres of such laud shall be exempt from assessment for 
taxation, and that all such land in excess of ten acres shall be 
assessed at the same valuation as if it were not a part of a ceme- 
tery; but no such property shall be used except in the manner 
expressed in the gift, grant or devise, or if no use or trust is so 
expressed, except for the benefit of the corporation, church or so- 
ciety for which it was intended. 

Approved June 3, 1879. 



CHANGING NAMES, PLACES OF BUSINESS, ETC. 



§ 1. Amends sections 1, 3, 4 and 7, act of 
1873, as amended 1887. 
Section 1. Amended by authorizing 
• directors or trustees to "enlarge or 
change the object for which such 
corporation was formed," and to 
limit the number of directors and 
trustees of corporations for pecu- 
niary profit to not more than eleven. 



Section 3. Amended to conform to 
section 1. 

Section. 4. Amended to conform to 
section 1. 

Section 7. Amended to conform to 
section 1 as amended. 



An Act to amend sections one (1), three (3), four (4) and 
seven (7) 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 increasing or decreasing- 
the number of directors, and for the consolidation of incor- 
porated companies,'' approved and in force March 26, 1873, 
as amended June 14, 1887, in force July 1, 1887, by provid- 
ing for enlarging or changing the objects for which such com- 
panies were formed: also to amend the title thereof 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That sections one 
(1), three (3), four (4) and seven (7) 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 
increasing or decreasing the number of directors, and for the 
consolidation of incorporated companies," approved and in 
force March 26, 1873, as amended June 14, 1887. in force July 
1, 1887; be amended, and the title thereof be amended to read 
as follows : 

Title. — An act to provide for changing the names, for 
changing the places of business, for increasing or decreasing the 



96 CORPORATIONS. 



capital stock, for increasing or decreasing the number of direc- 
tors, for enlarging or changing the objects for which such cor- 
porations were formed and for the consolidation of incorpor- 
ated companies. 

Section 1. That whenever the board of directors, managers 
or trustees of any corporation existing by virtue of any general 
or special law of this State, or any corporation hereafter or- 
ganized by virtue of any law of this State, may desire to 
change the name, to change the place of business, to enlarge or 
change the object for which such corporation was formed to in- 
crease oi" decrease the capital stock, to increase or decrease the 
number of directors, managers or trustees, or to consolidate 
said corporation with any other corporation now existing, or 
which may hereafter be organized, they may call a special meet- 
ing of the stockholders 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, enlargement or 
change of the object for which such corporation was formed, 
Increase or decrease of the number of directors, managers or 
trustees, increase or decrease of capital stock, or consolidation 
with some other corporation, 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 elect- 
ing the trustees, and to allow the alumni of said corporations 
to vote in the election of the trustees, or a part thereof: Pro- 
vided, 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, managers or trustees be reduced to less than live, or 
in case of corporations for pecuniary profit, increased to more 
than eleven: And, provided, further, that no corporation shall, 
by virtue hereof, change its place of business from an 3'^ town, 
county or municipality, where such town, count}'' or munici- 
pality, or any of the inhabitants thereof, or any person or per- 
sons interested therein, shall liave donated or in any manner 
contributed any money or any other valuable thing to induce 
such corpoi'ation to locate in such town, county or municipality: 
And, provided, further, that the provisions of this act, in re- 
ference to the consolidation of corpoi-ations, shall only applj^ 
to corporations of the same kind, and engaged in 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: 
And, provided, further, that no alteration or' change shall be 
made by virtue of this section to embrace any object that 



CORPORATIONS. 97 



might not have been lawfully embraced in the statement and 
licen.se issued before the organization of such corporation as 
provided in section two of an act entitled, "An act concerning 
corporations/' approved April 10, 1872, and in force July 1, 
1872. 

Section 3. At any such meeting, stockholders may vote in 
person or b,y proxy, each stockholder being entitled to one 
vote, for each share of stock held by him ; and votes represent- 
ing two-thirds of all the stock of the corporation shall be 
necessary for the adoption of the proposed change of name, 
place of business, enlargement or change of the object for which 
such corporation was formed, number of directors, managers or 
trustees, amount of capital stock, or consolidation with some 
other company. 

Section 4. If at any regular annual 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, be submitted 
to a vote, and if it shall appear that two-thirds of all the votes 
represented by the whole stock of such corporation are in favor 
of the propositions or of any of them, so submitted, a certifi- 
cate thereof, verified by the affidavit of the president, and under 
seal of said corporation, shall be filed in the office of the Secre- 
tary of State, and a like certificate filed for record in the office 
of the recorder of deeds of the county where the principal busi- 
ness office of such corporation is located. And upon the filing 
of said certificate, the changes proposed and voted for at such 
meeting as to name, place of business, enlargement or change 
of the object for which such corporation was formed, increase 
or decrease of capital stock, increase or decrease of the number 
of directors, managers or trustees, or consolidation with some 
other compau}", shall be, and is hereby declared accomplished 
in accordance with said vote of the stockholders: And, pro- 
vided, further, that any corporation, other than corporations 
for manufacturing purposes, availing itself of or accepting the 
benefits of, or formed under this act, (except the mere change 
of name), shall be subject to the general laws of this State now 
in force, or whicji may hereafter be passed, regulating corpora- 
tions of like character. 

Section 7. Such change of name, place of business, enlarge- 
ment or change of object for which such corporation was formed, 
increase or decrease of capital stock, or 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 corporation or corporations shall be parties, nor 
shall such changes effect causes of action, nor the rights of per- 
sons in any particular; nor shall suits brought against such 
corporation by its former name be abated for that cause. 

Approved June 6, 1889. 

—7 



98 CORPORATIONS. 



BUILDING, LOAN AND HOMESTEAD ASSOCIATIONS. 

§ 1. Eelease of mortgages and trust-deeds I § 2. Effect of such releases, 
by the president and secretary. I 

An Act to enable Building and Loan Associations to release 
mortgages and trust deeds. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That in all cases 
where associations have been formed in this State under ''An 
act to enable associations of persons to become a body corpor- 
ate to raise funds to be loaned only among the members of 
such association," in force July 1, 1879; and said associations 
have taken bonds, and trust deeds made to third persons con- 
veying real estate to said third persons as trustees, as security 
for the payment of said bonds; and when it becomes necessary 
for any such trust deed to be released, and said trustee shall 
refuse to make such release, or he shall be absent from the 
town, city or county where such real estate is located, then it 
shall be lawful for the president or secretary of such associations, 
on beinii- requested so to do by the board of directors of such 
associations, to act in the capacity of alternate trustee, fully 
authorized and empowered to release all claim, right, title and 
interest his association has in and to the real estate described 
in the trust deed to be released. 

§ 2. All releases of trust deeds made in accordance with the 
foregoing section shall be held and esteemed as of the same 
value and significance as if they had been made and executed 
by the person named as trustee in said trust deeds. 

Approved June 3, 1889. 



SERVICE OF process ON RECEIVERS. 

§ 1. Amends the act of 1887 by adding the I § 2. Emergency, 
words after the word "receivers" 

where it occurs the last time in the i 

act. I 

An Act to amend an act entitled "An act in regard to the 
serving of pi'ocess on receivers of corporations," approved 
June 3, 1887, in force July 1, 1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly:'- That an act entitled 



CORPORATIONS. 



99 



"All act ill regard to the serving of process on receivers of cor- 
porations," approved June 3, 1887, in force July 1, 1887, be,, 
and the same is hereby amended to read as follows: 

Section 1. That the receiver or receivers of any incorporated 
company may be served with process bj-^ leaving 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 copj" of 
such process with any clerk, secretary, superintendent, general 
agent, engineer, conductor, station agent, or any agent in the 
employ of such receiver or receivers who may be found in the 
county in which such suit is brought. 

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

Approved May 3, 1889. 



TRUST COMPANIES. 



§ 1. Amends See's. 1, 2. 6 and 16 of the act 
of 1887. 

Section 1. Amended by including 
"guardian." 

Section 2. Amended by including 
"guardian" and "conservator;" exe- 
cution of trusts relating to estates; 
bonds of individuals acting as trus- 
tees, etc., reduction of. 



Section 6. Amended by adding the 
proviso providing for the increase 
of deposits. 

Section 16. Amended by correcting a 
clerical error. 



An Act to amend sections 1, 2, 6 andlQ of an act entitled ''An 
act to provide for and regulate the administration of trusts 
by trust companies,'' approved June 15, 1887, in force Julv 1, 

1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That sections one 
(1), two (2), six (6) and sixteen (16) of an act entitled "An act 
to provide for and regulate the administration of trusts by trust 
companies," approved June 15, 1887, in force July 1, 1887, be 
amended so as to read as follows: 

Section 1. That any corporation which has or shall be incor- 
porated 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 executing 
trusts, and any corporation now or hereafter authorized by law 



100 CORPORATIONS. 



to accept or execute trusts, may be appointed assignee or trustee 
by deed, and executor, guardian or trustee by will, and such ap- 
pointment shall be of like force as in case of appointment of 
a natural person. 

Section 2. Whenever application shall be made to any court in 
this State for the appointment of any receiver, assignee, guardian, 
conservator, executor, administrator or other trustee, it shall be 
lawful for such court to appoint any such corporation as such 
trustee, receiver, assignee, guardian, conservator, executor or ad- 
ministrator: . Provided, any such appointment as guardian or 
conservator shall apply to the estate only, and not to the 
person. 

Any court having appointed and having jurisdiction of any 
receiver, executor, administrator, conservator guardian, assignee 
or other trustee, upon the application of such officer or trustee, 
or upon the application of any person having an interest in the 
estate administered by such officer or trustee, after such notice to 
the other parties in interest as the court may direct, and after 
a hearing upon such application, may order such officer or trustee 
to deposit Qunj moneys then in his hands, or which may come 
into his hands thereafter, and until the further order of said 
court, with any such corporation, and upon deposit of such 
money, and its receipt and acceptance by such corporation, the 
said officer or trustee shall be discharged from further care or re- 
sponsibility therefor. Such deposits shall be paid out only upon 
the ordei's of said court. 

Whenever, in the judgment of any court having jurisdiction of 
an}^ estate in process of administration by an assignee, receiver, 
executor, administrator, guardian, conservator or other trustee, 
the bond required by law of such officer shall seem burdensome 
or excessive, upon application of such officer or trustee, and after 
such notice to the parties in interest as the court shall direct, and 
after a hearing on such application, the said court may order the 
said officer or trustee to deposit with any such corporation, for safe 
keeping, such portion or all of the personal assets of said estate as 
it shall deem proper and thereupon said court shall, by an 
order of record, reduce the bond to be given, or theretofore given 
by such officer or ti'ustee, so as to cover only the estate remain- 
ing in the hands of said officer or trustee, and the property as 
deposited shall thereupon be held by said corporation under the 
orders and directions of said court.' 

Section 6. Each company, before accepting any such appoint- 
ment or- deposit, shall deposit with the Auditor of Public Ac- 
counts for the benefit of the creditors of said company, the sum 
of $200,000 in stocks of the United States, or municipal bonds 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 



CORPORATIONS. 101 



securities so deposited may be exchanged from time to time for 
other securities, receivable as aforesaid. Said stocks of the 
United States or municipal bonds of this State, to be registered 
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 hereinafter provided in section 18. So long 
as the company so depositing shall continue solvent, such com- 
pany shall be permitted to receive from said Auditor the interest 
or dividends on said deposit: Provided, however, that when it 
shall appear to the Auditor of Public Accounts, from the annual 
report of any such company, that the value of the personal 
property and cash held and possessed by such company by vir- 
tue of the provisions of this act and any amendment thereof, 
exceeds ten times the amount of the deposit aforesaid, he shall 
require said company to forthwith increase its said deposit to 
the sum of five hundred thousand dollars in such securities. 
And whenever it shall appear to the Auditor of Public Accounts 
that the amount of personal property and cash so held by 
any such company has been reduced below ten times the value of 
its original deposit above provided for, and said company is not 
in any default in its duties and obligations hereunder, he shall 
allow such company to reduce its said deposit to the sum of two 
hundred thousand dollars by the withdrawal of such additional 
deposit until such time as an increase in its holdings shall again 
require an additional deposit, as hereinbefore provided. 

Section 16. The said Auditor shall cause a proper abstract of 
the statements of assets and liabilities reported under section 
nine of this act, to be published once in each week for three con- 
secutive 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 b}^ said 
company. 

Approved June 1, 1889. 



102 COURTS, APPELLATE. 



COURTS, APPELLATE. 



TEMPORARY ASSIGNMENT OF JUDGES. 

§ 1. Adds section 19; judges incapacitated by sickness or otherwise may be substituted 
for by a temporary assignment; consent of judge or judges assigned. 

An Act to amend ''An act to establish Appellate Courts,'' ap- 
proved June 2, 1877. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That "An act to 
establish Appellate Courts," approved June 2, 1877, be amended 
by adding' thereto a section numbered nineteen: 

Section 19. Whenever one or more of the judges of any Ap- 
pellate Court shall notify the Chief Justice of the Supreme court 
of the State that one or more of the judges of such Appellate 
court is temporarily incapacitated, from sickness or otherwise, 
to sit as a judge of such Appellate court, such Chief Justice of 
the Supreme court of the State shall designate some other judge 
or judges of any circuit court of the State, or of the Superior 
court of Cook county, to sit in such Appellate court and act 
as one of its judges until the disability of such absent judge 
shall cease, and the acts of such judge so designated, and of 
the Appellate court in which he shall sit, shall be as valid and 
binding as if he had been regularly and permanentl.y appointed 
as judge of such Appellate court: Provided, that such designa- 
tion or assignment shall not be made without the consent of 
the judge or judges designated or assigned. 

Approved June 3, 1889. 



COURTS, CIRCUIT. 103 



COURTS, CIRCUIT. 



TERMS FIXED — 6tH CIRCUIT. 

§ 1. Amends section 7 of the act of 1887, I § 2. Emergency. 
by changing the terms of court in 
the sixth circuit. | 

An Act to amend section seven of an ajCt entitled, ^'An act con- 
cerning circuit courts, and to fix the time of holding- the same 
in the several counties in the judicial circuits in tlie State of 
Illinois, exclusive of the county of Cook," approved May 
24,, 1879, as amended bv an act approved June 3, 1887, in 
force July 1, 1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, 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," apjDroved May 24, 1879, as amended hj an act ap- 
proved June 3, 1887, iu force July 1, 1887, be, and the same 
is hereby amended so as to read as follows: 

Section 7. In the county of Adams, on the third Monday in 
January and fourth Monday of March, and on the third Mon- 
day of May, and on the third Monday of June, and third Mon- 
day of September, and on the fourth Monday of October. In the 
county of Hancock on the first Monda3^s 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 Ma}^ 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 re- 
quiring a jury, and no jury shall be impaneled for said May 
term. In the county of Brown on the fourth Tuesday in Feb- 
ruary and the first Tuesday in October. In the county of Ful- 
ton on the second Tuesday'' of March, the third Tuesday of 
August and the first Tuesday of December. 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. 

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

Approved February 15, 1889. 



104 COURTS, CITY. 



COURTS, CITY, 



HOW ESTABLISHED. 

§ 1. Amends section 21, act of 1874, by providing for abolishing courts and for the dispo- 
sition of cases in said courts. 

An Act to amend section 21 of an act entitled "J.D act in rela- 
tion to courts of record in cities,'' approved March 26, 1874, 
in iorce July 1, 1874, 

Section 1. Be it enacted bj the People of the State of Illi- 
nois, represented in the General Assembly: That section 21 of 
an act entitled "An act in relation to courts of record in cities," 
approved March 26, 1874, and in force July 1, 1874, be amended 
so as to read as follows: 

Section 21. A city court consisting of one or more judges, 
not exceeding five, and not exceeding one judge for ever.y fifty 
thousand inhabitants, may be organized and established under 
this act in any city which contains at least three thousand in- 
habitants, whenever the common or city council shall adopt an 
ordinance or resolution to submit the question whether such 
court shall be established consisting of one or more judges, not 
exceeding five, as may be specified in such ordinance or resolu- 
tion, to the qualified voters of such city, and two-thirds of the 
votes cast at such election shall be in favor of the establish- 
ment of such court. Where such court is established with more 
than one judge, each judge may hold a separate branch thereof 
at the same time, and when holding such separate branch, each 
judge may exercise all the powers vested in such courts, such 
elections shall be held and conducted, the returns thereof made 
and canvassed, and the result declared in the same manner as 
other city elections. To discontinue and disestablish any such 
court, precisely the same modes of procedure shall be requisite 
and necessary and be resorted to as for the organization of 
such court. In the event of the discontinuance and disestab- 
lishment of any such court, the clerk thereof shall transfer and 
deliver to the circuit court of the county in which such city 
court is situated, all records, judgments and processes in posses- 
sion of himself or of any other officer of said cit}^ court, and 
the circuit court shall thereupon acquire and be vested with 
jurisdiction in the matters to which said -records, judgments or 
process relate, and may be dealt with as original records of 
such circuit court: Provided, it shall be lawful for the city 



COURTS, COUNTY. 105 



council in any city where a city coui't has been estabhshed under 
this act, and there is no judge or clerk of such court residing 
within such city, and such court has ceased to do business for 
two 3^ears or more, to pass an ordinance or resolution abolish- 
ing such court and authorize the city clerk of such city to trans- 
fer and deliver the records, judgments and process of such court 
to the circuit court of the county in which such city is situated 
in like manner and with like effect as if such had been trans- 
ferred hj the clerk of such city court. 

Approved June 5, 1889. 



COURTS, COUNTY. 



TERMS — CLAUK COUNTY. 

§ 1. Amends section 20, act of 1874, by changing the terms of court in Clark county. 

An Act to amend section 20 of an act entitled ^'■An act to ex- 
tend the jurisdiction of county courts and to regulate the 
practice thereof, to fix the time for holding the same, and to 
repeal an act therein named," approved June 2-3, 1883. in 
force July 1, 1883. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly : That section twenty 
of an act entitled "An act to extend the jurisdiction of county 
courts and to regulate the practice thereof, to fix the time for 
holding the same, and to repeal an act therein named,'' ap- 
proved June 23, 1883, in force July 1, 1883, be and the same 
is hereby amended so as to read as follows: 

Section 20. Clark — Second Monday in January, first Monday 
in June, and first Monda^^ in September. 

Approved June 3, 1889. 



106 COURTS, COUNTY. 



TERMS — LIVINGSTON COUNTY. 

§ 1. Amends section 61, act of 1874, by changing terms in Livingston county. 

An Act to amend section 61 of an act entitled ^'An act to ex- 
tend 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 Illi- 
nois, represented in the General Assembly: That section sixty- 
one (61) of an act entitled "An act to extend the jurisdiction 
of couniiy courts, and to provide for the practice thereof, to fix 
tlie 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 61. Livingston — On the first Monday in March, June, 
September and December. 

Approved May 28, 1889. 



terms— LOKAN COUNTY. 

§ 1. Amends section 62, act of 1874, by changing the terms of tlie county court of Logan 

county. 

An Act to amend section 62 of an act entitled ^^An Act to ex- 
tend the jurisdiction of county courts, and to provide for the 
practice thereof, to Hx the time for holding 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 Illi- 
nois, represented in the General Assembly: That section 62 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 62. Logan — March and November. 

Approved May 10, 1889. 



COURT, SUPREME. 107 



TERMS — STEPHENSON COUNTY. 

§ 1. Amends section 96, act of 1874, changing the tei-nis in Stephenson county. 

An Act to amend an act entitled ^'An act to amend section 
ninety-six (96), of an act to extend the jurisdiction of county 
courts, and to provide for the practice thereof, to tix 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 June 15, 1887, in force Julv 1, 
1887. 

Section 1 . Be it enacted by the People of the State of Illi- 
nois, represented in the Genaral Assembly: That section niiietj- 
six (96) 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 26, 1874, in force July 1, 1874, as 
amended by an act approved June 15, 1887, in force July 1, 
1887, be so amended as to read as follows : 

Section 96. Stephenson — On the first Monday of February, 
May and October. 

§ 2. For the reason that a term of said court intervenes be- 
tween this time and the first day of July next, an emei'gency 
exists, and therefore this act shall be in force from and after its 
]3assage. 

Approved March 29, 1889. 



COURT, SUPREME. 



terms changed. 

§ 1. Amends section 1, act of 1879, by changing the terms in the Southern and Northern 

Grand Divisions. 

An Act to amend section 1 of an an act entitled "J.72 act to 
fix the time of holding the Supreme Court," approved June 
4, 1879, in force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section one 



108 COITXTIES. 



(1) of "An act to fix the time of holding the Supreme court," 
approved June 4, 187y, in force July 1, 1879, be and the same 
is hereby amended so as to read as follows: 

Section 1. The terms of the Supreme court shall be begun 
and held at the several places provided for holding the same as 
follows: 

In the Southern Grand Division, at Mt. Vernon, on the first 
Tuesday in May and the third Tuesday in November of each 
year. 

In the Central Grand Division, at the city of Springfield, on 
the first Tuesday of January and the first Tuesday of June of 
each year. 

In the Northern Grand Division, at Ottawa, on the first Tues- 
day of March and the first Tuesday of October of each year. 

Approved June 3, 1889. 



COUNTIES. 



MEETINGS OF COMMISSIONERS. 

§ 1. Amends section 43 by designating the time for regular meetings of the Board of 

County Commissioners. 

An Act to amend section forty-three of an act entitled '■'An act 
to revise the law in relation to counties," approved and in 
force March 31, 1874. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section forty- 
three (43) of an act entitled ''An act to revise the law in rela- 
tion to counties," approved and in force March 31, 1874, be 
and the same is amended so as to read as follows, to- wit: 

Section 43. The board of county commissioners shall hold 
regular sessions for the transaction of the business of the county 
on the third Mondays of December, March, June and September, 
the second Monday of Jul.y of each 3'ear, and at such other 
times as may be provided by law, and may hold special sessions 
on the call of the chairman or any two members of said board, 
w^henever the business of the county requires it. 

Approved June 1, 1889. 



COUNTIES. 109 



SUPERYISOBS, TERM OF OFFICE. 

I 1. Term of office; how classed. | § 3. Eepeals all acts in eonfiict. 

§ 2. New towns; consolidated towns. | 

An Act to provide for the election of supervisors in counties 
under township organization {except in the county of Cook), 
to fix their terms of oftice, and to classify them in the county 
boards according to their terms. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the supervi- 
sors elected at the annual town meetings, in their respective 
towns in the counties now under township organization, on the 
first Tuesday of April, 1890, (except in the county of Cook) and 
in counties which may hereafter adopt township organization, 
the supervisors elected at the first annual town meetings in 
such counties thereafter, shall, at the first regular or special 
meeting of the county boards of such cou^nties thereafter, be 
divided into two classes, to consist of one-half of the members 
of such board, as near as may be. The supervisors so to be 
classified to be selected by lot: Provided, that the supervisors 
of any town having a representation of two or moi-e members 
shall be separatelj^ selected and classified by lot so as to be 
divided among the two classes as near equally as may be. The 
first class of supervisors shall serve for the period of one year, 
and the second class for the period of two ,years, or until their 
successors are elected and qualified: Provided, that where such 
county board is constituted of odd numbers, the smaller fraction 
of such board shall constitute such second class, and thereafter 
at the expiration of the term of each supervisor his successor 
shall be elected and serve in such county board for the term of 
two years, or until his successor shall have been duly elected 
and qualified, in the manner now provided by law. 

§ 2. When a new town shall be created in, or added to, any 
count}', which is now or may hereafter be under tow^nship organ- 
ization (except in the county of Cook) or any town in such 
county shall become entitled to additional representation in the 
county board thereof, such additional member or members shall 
be classified by lot in such manner as to maintain the numeri- 
cal equality of each class as near as may be (having regard to 
the provisions of section one of this act), and thereafter the 
successors of such supervisors shall be elected for the term of 
two years or until their successors are duly elected and qualified: 
Provided, that where a new town is created by the union of 
two or more towns, the terms of the supervisors of the towns 
so united shall expire at the next annual town meetings there- 
after, and the supervisor or supervisors of such consolidated 



110 CRIMINAL CODE. 



town shall be elected at said town meeting and classified in the 
county board to serve for the term and in the manner herein 
provided in the case of new towns. 

§ 3. All acts or parts of acts inconsistent with the provisions 
of this act are hereby repealed. 

Approved June 4, 1889. 



CRIMINAL CODE. 



ABDUCTION OF CHILDREN. 

§ 1. Amends the act of 1874 by adding a section, 166?2 ; abduction or concealment of an 
infant under 12 years; penalties. 

An Act to amend an act entitled "A72 act to revise the law in 
relation to criminal jurisprudence,^' approved March 27, 1874, 
in force Juljl, 1874, by adding a section to be numbered one 
hundred and sixty-six and one-half. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That an act entitled 
"An act to revise the law in relation to criminal jurisprudence," 
approved March 27, 1874, in force July 1, 1874, be amended 
by adding a section, to be numbered one hundred and sixty- 
six and one-half: 

Section 166)^. Whoever willfully and without authority 
forcibly takes or carries or entices away an^^ infant under the 
age of twelve years, without the consent of the parent, guardian 
or lawful custodian of such child, with intent to conceal or 
imprison such infant, or whoever willfully and without author- 
ity, conceals or imprisons an infant under the age of twelve 
years, without the consent of the parent or guardian or lawful 
custodian of such infant, shall, upon conviction, be imprisoned 
in the penitentiary for his or her natural life, or for any num- 
ber of years. 

Approved June 3, 1889. 



CRIMINAL CODE. 



Ill 



ADULTERATED LARD. 



§ 1. "Compound lard" or "lard compound" 

must be so labeled. 
§ 2. Penalties for violating this act. 



3. State's Attorneys charged with the 
execution of this act; fines and 
penalties, to whom paid. 



An Act entitled ''An act to prevent fraud in the sale of lardy 
and to provide punishment for the violation thereof? '' 

Section 1. Be it enacted hv the People of the State of Illi- 
nois, represented in the General Assembly: That no manufac- 
turer or other person or persons shall sell, deliver, prepare, put 
up, expose or offer for sale any lard or any article intended for 
use as lard, which contains any ingredient but the pure fat of 
healthy swine, in any tierce, bucket, pail, package or other ves- 
sel or wrapper or under any label bearing the words "pure, 
refined, familj^," or either of said words alone or in combina- 
tion with other words of like meaning or import, unless every 
tierce, bucket, pail, package or other vessel, wrapper or label, 
in or under which said article is sold, delivered, prepared, put 
up, exposed, or offered for sale bears on the top or outer side 
thereof in letters not less than one-half inch in length and 
plainly exposed to view the words "Compound Lard," or "Lard 
Compound." 

§ 2. Any person who violates any provision hereof shall be 
deemed guilty of a misdemeanor for each violation, and, upon 
conviction thereof, shall be fined for the first offense not less 
than twenty dollars ($20) nor more than fifty dollars (foO), 
and every subsequent offense under this act shall be fined not 
less than seventy-five dollars ($75) nor more than two hun- 
dred dollars (|200). 

§ 3. The State's Attorneys of this State are charged with, 
the enforcement of this act, and it is hereby made their duty to 
appear for the People, and to attend to the prosecution of all 
complaints under this act in their respective counties in all 
courts. Fifty per cent, of the amount received in any penal 
action, under the provisions of this act, shall go to the county 
superintendent of schools in the county Avhere the said fine is 
assessed, to be distributed by him as other school funds of 
such county, and fifty per cent, of the fine shall be given to the 
informer." 

Approved June 3, 1889. 



112 



CEIMINAL COLE. 



PEOSTITUTION OF FEMALES. 

5 1. Amends section H, act of 1887, by striking out the words "of chaste life and conver- 
sation." 

An Act to amend section three (3) of an act entitled "An act 
to prevent the prostitution of females," approved June 17, 
1887, in force July 1, 1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section three 
(3) of an act entitled '"An act to prevent the prostitution of 
females," approved June 17, 1887, in force July 1, 1887, be 
and the same is hereby amended so as to read as follows: 

"Section 3. Whoever being the keeper of a house of prostitu- 
tion or assignation house, building or premises in this State 
where prostitution, fornication or concubinage is allowed or 
practiced, shall suffer or permit any unmarried female under the 
age of eighteen years to live, board, stop or room in such 
house, building or premises, shall, on conviction, be imprisoned 
in the penitentiary not less than one year nor more than five 
years." 

Approved June 3, 1889. 



HABITUAL CRIMINALS. 



§ 1. Kegister of criminals; description 
recorded; criminal history; photo- 
graph^. 

§ 2. Prosecuting attorneys shall furnish 
to prison wardens criminal history 
of convicted criminals. 

§ 3. Prison registers shall not he made 



public except as may be necessary 
to identify criminals, and to be used 
in evidence. 

§ 4. Methods of measurements and regis- 
trati..n. 

§ 5. Copies of description and history to 
wardens in o her States. 



An Act for the identitication of habitual criminals. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That in every 
prison in this State to which persons convicted of any felonious 
offense are or may be committed by the courts of this State, 
the warden or other officer in charge shall record, or cause to 
be recorded, in a register to be kept for that purpose, a descrip- 
tion of every person committed to such prison under sentence 
for a felon}'- ; and also the criminal history of every such person 



CRIMINAL CODE. 113 



SO committed, so far as the same may appear from the records 
of the courts of this State, or of any other State, or otherwise, as 
full and complete as may be obtainable: and shall attach 
thereto a photograph or photographs of such person so recorded. 

§ 2. That for the pm'pose mentioned in section one (1) of 
this act, the prosecuting attorney of the county in which a 
criminal has been convicted and sentenced to prison for a felony, 
shall forward to the warden, or other officer in charge, at the 
request of such warden or other officer, and upon blanks furnished 
by him, a criminal history of such criminal, as fully as is known 
or can be ascertained by such prosecuting attorney. 

§ 3. The register herein provided for shall not be made public, 
except as may be necessary in the identification of persons ac- 
cused of crime, and in their trial for offenses committed after 
having been imprisoned for a prior offense. The record shall be 
accessable, however, to any officer of any court having criminal 
jurisdiction in this State, upon the order of the judge of the 
court, or of the prosecuting attorney of the county in which the 
person is being held for a crime, which said or-der shall be attested 
by the seal of the court; and such record may be given in evi- 
dence upon any trial of an offender indicted under the habitual 
criminal law of this State, for the purpose of proving a former 
conviction or convictions and the offense or offenses for w^hich 
convicted. 

§ 4. For the purpose of obtaining accurate descriptions of 
convicts, the wardens, or other officers in charge, of the several 
prisons in this State, are hereby" authorized to adopt the Ber- 
tillion method of measurements and registration, or such other 
method as shall minutely describe convicts. 

§ 5. A cop3^ of the description and of the history, and of the 
photograph or jDhotographs of au}^ convict entered upon such 
register, shall be furnished, upon request of any warden or other 
officer in charge of a prison for felons in any other State of the 
United States to such warden or other officer in charge: Pro- 
vided, such State has made provision by law for recording the 
description of its convicts and for furnishing such descriptions 
to the authoilties of such other States as have made pro- 
vision by law for the keeping of registers of descriptions and 
histories of their convicts. 



Approved April 15, 1889. 



114 



CRIMINAL CODE. 



OBSCENE AND IMMORAL NEWSPAPERS. 



§ 1. Prohibits the showing, selling or giv- 
ing to any minor child any book, 
magazine or newspaper principally 
devoted to the publication of police 
court reports, criminal news, etc. 



2. Prohibits the public exhibition of such 

publications. 

3. Prohibits the employment of any 

minor child to sell, give away or dis- 
tribute such publications ; penalties. 



An Act to suppress selling, lending; giving away or showing to 
any minor child any paper or publication princijmlly devoted 
to illustrating or describing immoral deeds. 

Section 1. Be it enacted by the People of the State of Illi- 
nois represented in the General Assembly: That it shall be 
unlawful for any person to sell, lend, give away or show, or 
have in his possession with intent to sell or give away, or to 
show, or advertise, or otherwise offer for loan, gift or distribu- 
tion to anj" minor child any book, pamphlet, magazine, news- 
paper, story paper or other printed paper devoted to the publi- 
cation, or principally made up of criminal news, police reports, 
or accounts of criminal deeds, or pictures and stories ot deeds 
of bloodshed, lust or crime. 

§ 2. It shall be unlawful to exhibit upon any street or high- 
way, or in any place within the view, or which may be within 
the view of any minor child, any book, magazine, newspaper, 
pamphlet, story paper or other paper or publication coming 
within the description of matters mentioned in the first section 
of this act, or any of them. 

§ 3. It shall be unlawful to hire, use or employ any minor 
child to sell or give away, or in any manner to distribute, or 
who, having the care, custody or control of any minor child, to 
permit such child to sell, give away, or in any manner to dis- 
tribute iMij book, magazine, pamphlet, newspaper, story paper 
or publication coming within the description of matters men- 
tioned in the first section of this act, and any person violating 
any of the provisions of this act, shall be guilty of a misde- 
meanor, and on conviction shall be fined in any sum not ex- 
ceeding five hundred dollars, or imprisoned in the county 
jail of the county where the offense has been committed, 
not to exceed six months, or both fine and imprisonment, at 
the discretion of the court. 

Approved June 3, 1889. 



CRIMINAL CODE. 115 



PROOF IN CRIMINAL CASES. 

§ 1. In criminal cases "user" shall be prima facie evidence of the legal existence of a 

eorporatioii. 

An Act to regulate proof in criminal cases. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That in all criminal 
prosecutions involving proof of the legal existence of a corpora- 
tion, user shall be prima facie evidence of such existence. 

Approved June 3, 1889. 



REMOVAL OF BEARINGS OR FIXTURES FROM RAILROAD ROLLING 

STOCK. 

§|1. Felonious removal of bearings, fixtures, etc., from railroad rolhng stock, penalties; 
plea of guilty, penalties; causing losing of Ufe, penalty. 

An Act to punish the crime of stealing or malicious removal 
of journal bearings, fixtures or attachments, from locomotives, 
tenders, freight or passenger cars. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That any person 
or persons who shall remove, take, steal, change, add to, take 
from, or in any manner interfere with any journal bearings or 
brasses, or an}^ of the parrs or attachments of any locomotive, 
tender or car, or any fixture or attachment belonging to, con- 
nected with, or used in operating any locomotive, tender or car, 
owned, leased or used by any railway .or transportation com- 
pany in this State, shall be subject to punishment by imprison- 
ment in the penitentiary not less than one nor more than five 
years, in the discretion of the court or jury before whom the 
cause is tried: Provided, that upon a plea of guilty being 
entered, the court may fix the penalty prescribed herein : 
Provided, further, that if the removal of such journal bearings 
or brasses, fixtures or attachments as aforesaid, shall be the 
cause of wrecking any train, locomotive or other car, in this 
State, whereby the life or lives of any person or persons shall 
be lost, as a result of the felonious or malicious stealino-, inter- 



116 



DRAINAGE. 



fering with, or removal of the fixtures aforesaid, the person or 
persons found guilty thereof shall be liable for murder as in 
other cases. 

Approved June 1, 1889. 



DRAINAGE. 



DITCHES CONSTRUCTED BY MUTUAL AGREEMENT. 



§ 2. 



Connections made with drains con- 
structed by agreement ; such drains 
shall be constructed as for the bene- 
fit of all lands benefited. 

Connections can only be made with 
the consent of all parties interested. 



§ 4. 



Drains so constructed shall not be 
filled up or obstructed without con- 
sent of all parties. 

Reserved rights of litigants; limita- 
tions. 



An Act declaring legal drains heretofore or hereafter constructed 
by mutual license, consent or agreement, by adjacent or ad- 
joining owners of land, and to limit the time within which such 

. license or agreement heretofore granted may be withdrawn. 

Section 1. Be it enacted by the people of the State of Illi- 
nois, represented in the General Assembly: That whenever any 
ditch or drain, either open or covered, has been heretofore or 
shall be hereafter constructed by mutual license, consent or 
agreement of the owner or owners of adjoining or adjacent 
lands, either separately or jointly, so as to make a continuous 
line upon, over or across the lands of said several owners, or 
where the owner or owners of adjoining or adjacent lands shall 
hereafter hj mutual license, consent or agreement, be permitted 
to connect a drain witli another already so constructed, or 
where the owner or owners of the lower lands has heretofore or 
shall hereafter connect a drain to a drain constructed by the 
ow^ner or owners of the upper lands, then such drains shall be 
held to be a drain for the mutual benefit of all the lands so 
interested therein. 

§ 2. It shall not be lawful for either of the parties interested 
in said drain to authorize any other person or persons to con- 
nect therewith without the consent of all the parties interested 
in said drain, and all drains connecting therewith without such 



DRAINAGE. 117 



permission shall be unlawful, and any person interested, may by 
bill in chancery, compel the person or persons constructing; such 
unlawful drain to fill the same up and in addition may have a 
right of action for all damages occasioned thereby. 

§ 3. Whenever drains have been or shall be constructed in 
accordance with this act none of the parties interested therein 
shall, without the consent of all the parties, fill the same up or 
in any manner interfere with the same so as to obstruct the 
flow of water therein; and the license, consent or agreement of 
the parties herein mentioned, need not be in writing but shall 
be as valid and binding if in parol as if in waiting, and may be 
inferred from the acquiescence of the parties in the construction 
of such drain. 

§ 4. This act shall not be held to apply to any cause now 
pending in an};- court of this State, nor deprive any party of the 
right he may have under existing laws to revoke any parol 
license heretofore granted to construct any such drain upon, 
across or over his lands : Pro vided, such right be exercised and 
suit commenced to enforce the same within one year from the 
time this act takes effect, but if not thus exercised and suit 
brought wdthin one year he shall be forever barred from there- 
after revoking such license. 

Approved June 4, 1889. 



DISSOLUTION OF DISTRICTS. 



± Sale of property belonging to dis 
solved districts. 



§ 1. County Courts may dissolve districts; 
petition of ^k of the land owners in 
the district; notice of petition; 
water ways and improvements in dis- 
solved district, shall remain for the 
common use. 

An Act to provide for the dissolution of drainage districts. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That any drainage 
-district may be dissolved by the order of the county court of 
the county wherein the same is organized, upon a hearing had 
on a verified petition praying such dissolution, signed by not 
less than four-fifths of the adult land ow^ners of such district, who 
own in the aggregate not less than three-fourths in area of the 
assessed lands thereof, when it shall be determined by the court 



118 DRAINAGE. 



that not less than six weeks notice of such hearing has been 
given by posting notices in six of the most pubhc places of the 
district sought to be dissolved, and by the insertion in a week- 
ly newspaper of such county for six successive weeks next prior 
to such hearing, and that no indebtedness of such district ex- 
ists and the costs of dissolution have been advanced: Pro- 
vided, the water-ways and other improvements of dissolved dis- 
tricts shall be and remain for the common use of and improve- 
ments by the land owners of said district so dissolved. 

Section 2. If such dissolved district owns any property, 
either real or personal, it shall be sold b^' an order of the 
county court directed to the master in chancery of said coun- 
ty, whose duty it shall be to advertise and sell such property 
in manner otherwise provided hj law ; and the proceeds of such 
sale after the costs are paid, shall be turned over to the county 
treasurer, who shall use the same to pay any indebtedness of 
such dissolved district. 

Approved June 4, 1889. ' 



FARM DRAINAGE. 

§ 1. Amends section 42, act of 1885, by striking out the words "have or" in lines 10 and 

11, and requiring that it shall only require the petition of "area to be added" 

for the enlargement of districts. 

An Act to amend section 42 of an act entitled ''An act 
to provide for drainage for agricultural and sanitary pur- 
poses, and to repeal certain acts therein named," approved 
June 27, 1885, in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section 
42 of an act entitled "An act to provide for drainage for 
agricultural and sanitary purposes, and to repeal certain acts 
therein named," approved June 27, 1885, in force July 1, 1885, 
be amended so as to read as follows: 

Section 42. Nothing in this act shall be construed to for- 
bid land owners within the district to more completel}^ drain 
their lands by using the common drains as outlets to lateral 
drains; and the owners of land outside the drainage districts 
or another drainage district may connect with the ditches of 
the district already made, by the payment of such amount as 
they would have been assessed if originally included in the dis- 



DRAINAGE. 119^ 



trict; or if such connection shall, bj increase of water, require 
an enlargement of the district ditches, then the outside owners 
of land so connecting, or other drainage district, as may be, 
shall pay the costs of such enlargement. If individual land 
owners outside the district shall so connect, they shall be 
deemed to have voluntarily applied to be included in the dis- 
trict, and their lands benefited by such drainage shall be 
treated, classified, and taxed like other lands within the dis- 
trict. Drainage commissioners may, at any time, enlarge the 
boundaries of their districts by attaching new areas of land, which 
are involved in the same system of drainage, and require for 
outlets the drains of the district made or proposed to be made, 
as the case may be, on petition of as great a proportion of the 
land owners of the area to be added as is required for an origi- 
nal district. All changes thus made in the district shall be 
duly noted and shown upon the map and recorded in the drain- 
age record. The commissioners shall proceed to classify the 
lands thus added to the district, and such lands shall be classi- 
fied and assessed or taxed with their fair proportion of the costs 
of the work done or to be done in like manner, and upon the 
same basis as it would have been made had the new area been 
included in the district at its oro-anization. 



Approved June 3, 1889. 



FARM DRAINAGE. 

§ 1. Amends the act of 1885, by adding 1 Section 47)2. Dissolution of drainage 

section 47fe. districts; proceedings. 

An Act for an act to amend an act entitled, "An act to pro- 
vide for drainage for agricultural and sanitary purposes, and 
to repeal certain acts therein named,'' approvecl June 27, 
1885, in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That an act to 
amend an act entitled "An act to provide for drainage for agri- 
cultural and sanitary purposes, and to repeal certain acts 
therein named,'' approved June 27, 1885, in force July 1, 1885, 
be and the same is hereby amended by adding thereto after 
section forty-seven (47) thereof, a section to be numbered forty- 
seven and one-half (47)^) which shall read as follows: 

Section 47^. Whenever two-thirds of the owners of lands, 
owning not less than two-thirds of all the lands within any 



120 DRAINAGE. 



drainage district organized under this act, and lying wholly 
within the limits of a single township, shall present a petition 
in writing subscribed by them to the drainage commissioners of 
said district, asking that the organization of such district be 
dissolved, the said commissioners shall, after satisfying them- 
selves that such petition is in due foi'm and subscribed by the 
requisite number of land owners in such district, and that all 
indebtedness of such district is paid, or funds provided for the 
payment thereof and that there is no litigation yjending against 
such district, indorse upon such petition an order dissolving 
such district ; which petition with such endorsement shall forth- 
with be filed with the town clerk of the towrrship in which such 
district is situated, and by him i-ecorded in the drainage record 
of such township, arrcl thereupon such organizatioir shall be 
dissolved ; but such dissolution shall not prevent said commis- 
sioners from proceedirrg as before to collect any unpaid assess- 
ments, or other obligations owirrg to such district, or expend- 
ing for the use of said district any fuirds belonging to the same 
and shall not impair or pr-event the collection of an}' obliga- 
tion of said district. And, provided, that if at any time, not 
less than one year after the dissolution of the organization of 
any district as herein provided, a like number of land owners 
within such district shall, by petition subscribed by them, ask 
the said commissioner's to restore the organization of such dis- 
trict as it was before such di.ssolutiorr, the commissioners shall, 
after satisfying themselves that such petition is in due form and 
subscr'ibed by the requisite number of land owners withirr such 
district, endorse upon such petition an order r-estoring such or- 
ganizatiorr, which shall be recorded and forthwith filed with the 
town clerk, aird recorded by him in the drainage record, and 
thereafter the or-garrization of such district shall be in all re- 
spects the same as if it had irot been dissolved; Provided, that 
nothing herein contained shall be construed to permit an^^ per- 
son to obstruct, or in any wise prevent the use or proper work- 
ing of any ditch or drain established in arry such district, or 
the enforcement of the penalties for injuring drairrs. 

Approved June 3, 1889. 



DRAINAGE. 121 



LEVEES. 

§ 1. Amends section 38, nCt of 1879, as amended 1885, by inserting the proviso in line 18 
after the stop i ollowing the word "bonds," and said proviso ending with the 
word "advisable," m the 28th line. 

An Act to amend section 38 of mi act entitled ''An act to revise 
and amend an act and certain sections thereof, entitled, a,n 
act to provide for the construction, reparation and protection 
of drains, ditches and levees across the lands of others, for 
agricultural, sanitary and mining purposes, and to provide 
for the organization of drainage districts,'' approved and in 
force May 29, 1879, as amended by certain acts herein entitled, 
and to repeal certain laws therein named, approved June 30, 
1885. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly, That section thirty- 
€ig"ht of an act entitled, "An act to revise and amend an act 
and certain sections thereof entitled. An act to provide for the 
construction, reparation and protection of drains, ditches and 
levees across the lands of others, for agricultural, sanitary and 
mining purposes, and to provide for the organization of drain- 
age districts, approved and in force May 29, 1879, as amended 
by certain acts herein entitled, and to repeal certain laws therein 
named," approA'ed June 30, 1885, be and the same is hereb,y 
so amended to read as follows: 

Section 38. The commissioners may borrow money not ex- 
ceeding ninety per cent, of the amount of assessment unpaid at 
the time of borrowing, for the construction of any work which 
they shall be authorized to construct, or for the payment of 
any indebtedness they may have lawfully incurred under the 
provisions of this act, or to the act to which this is an amend- 
ment, and may secure the same by notes or bonds, bearing- 
interest at the rate of not exceeding six per cent, per annum, 
and not running beyond one year after the last assessment or 
installment of assessment on account of which the money is 
borrowed shall fall due, which notes or bonds shall not be held 
to make the commissioners personally liable for money bor- 
rowed, but shall constitute a Jien upon the assessment for the 
repayment of the principal and interest thereof ; or such bonds 
may be issued to the amount of ninety per cent, of any one in- 
stallment, and constitute a lien upon such installment alone, 
falling due within one year after such installment becomes due, 
such installment shall be particularly designated in such bonds: 
Provided, w ere the payment of any installment or installments 
of, any assessment has been deferred in pursuance of section 
twenty-six of this act, and the court shall find on the petition 
of the commissioners that it will be for the interests of th6 



122 DRAINAGE. 



district that money should be borrowed to an amount exceed- 
ing ninety per cent, of such installment or installments, the 
court on due hearing- may, by order entered of record, author- 
ize the borrowing of monej^ to such an amount in excess of 
ninety per cent of such installment or installments as the court 
may find to be advisable. And the county court may, on the peti- 
tion of the commissioners, authorize them to refund any lawful 
indebtedness of the district authorized by and created under 
this act, or the act to which this is an amendment, by taking 
up and cancelling all outstanding notes and bonds of such dis- 
trict issued under this act or the act to which this act is an 
amendment, as fast as they become due, or before they shall 
become due, if the holders thereof will surrender the same, and 
to issue in lieu thereof, new notes or bonds of such district, 
payable on such longer time a,s the commissioners shall think 
proper, not to exceed in the aggregate the amount of all 
notes and bonds of such district then outstanding, and the un- 
paid accrued interest thereon, and the court shall have power, 
on the petition of the commissioners, to order that the collec- 
tion of any one or more, or all of the installments of the as- 
sessments for benefits on account of which the money was bor- 
rowed, be postponed to such time as the court may consider 
proper and reasonable, when the same shall become due and pay- 
able, and such installment or installments, so postponed, shall 
bear interest until they shall become due, at the rate of eight (8) 
per cent, per annum, unless otherwise ordered by the court, but 
after they become due they shall bear interest at the rate of eight 
per cent, per annum : Provided, that such bonds and notes shall 
be made due and payable within one year after the last install- 
ment of the assessment postponed, as aforesaid, shall become due. 
The court shall have the power to make all needful orders to carry 
into effect the provisions of this act, and no irregularity in the 
proceedings, either before or after the organization of the district 
or in the assessment of benefits, or in the extension of time for the 
payment of the same, shall in anj manner affect the validity of 
the bonds or coupons issued in pursuance of this act. 

Approved June 4, 1889. 



DRAINAGE. 123 



LEVEES. 

§ 1. Amends section 57 of the act of 1879, § 2. Emergency. 
as amended 1885, by authorizing the 
widening and improving the chan- 
nel of any natural waterway be- 
yond the limit of the drainage dis- 
trict; damages ; petition. 

An Act to amend section tiftr-seren of an act entitled "An act 
to revise and amend an act, and certain sections thereof, en- 
titled An act to provide for the construction, reparation and 
protection of drains, ditches and levees across the lands of 
others, for agricultural, sanitary and mining purposes, and 
to provide for the organization of drainage districts," ap- 
proved and in force May 29, 1879, as amended by certain acts 
herein entitled, and to repeal certain laws therein named, 
approved June 30, 1885, in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section fiftj- 
seven of an act entitled an An act to revise and amend an 
act, and certain sections thereof, entitled An act to provide for 
the construction, reparation and protection of drains, ditches 
and levees across the lands of others, for agricultural, sanitary 
and mining purposes, and to provide for the organization of 
drainage districts, approved and in force May 29, 1879, as 
amended by certain acts herein entitled, and to repeal certain 
laws therein named," approved June 30, 1885, in force July 1, 
1885, be and the same is hereby amended so as to read as fol- 
lows, to-wit: 

Section 57. The word ditch, when used in this act, shall 
be held to include any drain or watercourse, and the petition 
for any drainage district shall be held to mean and include any 
side, lateral, spur or branch, ditch, drain, open, covered, tiled, 
or any natural watercourse into which such drains or ditches 
may enter for the purpose of outlet, whether such watercourse 
is situated in or outside of the district. And to secure complete 
drainage of the lands within any drainage district, the com- 
missioners are hereby vested with full power to widen, straighten, 
deepen or enlarge any such watercourse, or remove anj drift- 
wood, or rubbish therefrom, whether such watercourse is situated 
in, outside of, or below any drainage district; and when it is 
necessary to straighten such natural watercourse by the cutting* 
of a new channel upon other lands, the value of such lands to 
be occupied by such new channel, and damages, if any, made by 
such work, may be ascertained and paid in the manner that is 
now or may hereafter be provided by any law providing for the 



124 DRAINAGE. 



exercise of the right of eminent domain in force in this State. 
The expenses of the work provided for in this section shall be 
paid from moneys arising from assessments upon lands within 
the district: Provided that the commissioners shall not have 
power to incur any expense for work done outside of the drain- 
age district until twenty-five jjer cent, of the persons paying- 
assessments in said district shall have petitioned them so to" do. 

§ 2. Whereas, much work of the kind mentioned in this act 
may be immediately accomplished; therefore, an emergency exists, 
and this act shall take effect and be in force from and after its 
passage. 

Approved June 3, 1889. 



LEVEES. 



§ 1. Drainage commissioners may contract with railroad companies to construct and 
keep in repair levees, and to authorize railroads o occupy levees lor right of 
way. 

An Act to ena,ble the commissioners of drainage districts to 
contract with railroajd companies to construct or keep in 
repair any levee or levees now constructed or to be hereafter 
constructed in such districts, and to grant to such railroad 
companies a right of way over, on, along or across such levees. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the com- 
missioners of all drainage districts which have been heretofore 
or may be hereafter legally organized under and by virtue of 
any and all laws of this State, shall, by and with the consent 
and approval of the county court of the county wherein the 
greater part of any such district may lie, have, in addition to 
the powers now conferred upon such commissioners, the legal 
right and power, to contract with any legally organized rail- 
road company or companies to construct or keep in repair, or 
to construct and keep in repair the whole or any portion of any 
levee or levees now constructed or which may hereafter be con- 
structed in any such district, upon such terms as shall be for 
the best interests of such district ; and for such purpose said 
commissioners shall have the power to pledge or pay to such 
railroad company or companies the whole or any portion of 
the revenues of such district; and for such purpose the said 



DRAINAGE AND SEWERAGE. 



125 



commissioners shall have the further power to grant to such 
railroad company or companies the right of way for the con- 
struction and operation of a railroad or railroads, over, on, 
along or across such levee or levees. 

Approved June 5, 1889. 



DRAINAGE AND SEWERAGE. 



SANITARY DISTRICTS. 



Two or more incorporated cities, 
towns or villages may be organ- 
ized into a sanitary district for 
drainage purposes; petition of 5,000 
resident citizens to the county 
judge to submit the question to 
vote; petition shall be considered 
by the county judge and two judges 
of the circuit court as commission- 
ers to fix the boundaries ; the ques- 
tion shaU then be submitted in 
November next following: notice of 
election; election, canvass of vote 
and return; record shall be made 
in the county court; result of vote. 

Courts shall take judicial notice of 
districts; election of oflBcers. 

Trustee-, election of; officers, elec- 
tion of after first election; election 
of president of ti'ustees; corporate 
powers. 

Trustees, powers and duties; officers 
of the board of trustees ; duties and 
compensation of officers; Umitation 
of salaries; ordinances, rules and 
regulations. 

Appropriation ordinances, publica- 
tion; when ordinances shall take 
effect. 

Ordinances and resolutions, how 
proven. 

Board of trustees may lay out, es- 
tablish and construct, channels, 
drains, etc., may establish docks on 
any navigable channel, lease, man- 
age and control the same; to con- 
trol and dispose of water power; 
control of channels and outlets. 



8. Eight of way, how acquired. 

9. Corporations under this act may 

borrow money and issue bonds; 
Umitation. 

10. Taxation to pay principal and in- 

terest of indebtedness. 

11. Work let by contract; notice of let- 

ting contracts; aliens shall not be 
employed, unless they have declared 
their intention to become citizens; 
8 hours shall be a legal day's work. 

12. Taxes levied by the boanl of trustees ; 

limitation. 

13. Taxation by special or general as- 

sessment; manner of assessing and 
collecting taxes. 

14. Assessments may be levied by in- 

stallments : proceedings. 

15. Bonds may be is ued in anticipation 

of taxes due on installments. 

16. Eight of way, damages to private 

property, compensation; right i 
eminent domain; preferred claims. 

17. Eight of way, damages to pubUe 

property; proceedings; use of Illi- 
nois and Michigan canal 

18. Expenses of acquiring right of way 

and condemning property. 

19. Damages to lands on account of 

overflow; notice of suit; compro- 
mise. 

20. _ Dilution'of sewage ; capacity of chan- 

nel; sewage shall be free of dead 
animals and other sohds, when 
discharged into natural watercourses 



126 



DRAINAGE AND SEWERAGE. 



§ 21. Prosecutions for violation of the 
preceding section. 

§ 22. The right reserved to the State to 
repeal or modify this act. 

§ 23. Capacity of channel from Lake Michi- 
gan to the DesPlaines and Illinois 
rivers; velocity of current; increase 
in population of sanitary districts; 
corresponding increase of capacity 
of the channel; removal of obstruc- 
tions in DesPlaines and Illinois 
rivers. 

§ 24. Channel when completed declared to 
be a navigable stream. 



§ 2-5. Use of channel by territory outside 
of districts for drainage and sew- 
age: terms and conditions; capacity 
of channel shall correspond to the 
increased population. 

§ 26. Water supplies, how and upon what 
terms furnished. 

§ 27. Completion of channel, appointment 
of commissioners by the Governor 
to inspect; meeting of the commis- 
sioners; examination and report to 
the Governor; defects in construc- 
tion, iiroeeedings; compensation of 
commission and engineer; con- 
struction of channels under this 
act. 



An Act to create smiita-ry districts, anrl to remove obstructions 
ill the Des Plaines and Illinois rivers. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That whenever any 
area of contiguous territory within the hmits of a sing-le county 
shall contain two or more incorporated cities, towns or villages, 
and shall be so situated that the maintenance of a common 
outlet for the drainage thereof will conduce to the preservation 
of the public health, the same may be incorporated as a sanitary 
district under this act, in the manner following: Any 5,000 
legal voters resident within the limits of such proposed sanitary 
district may petition the county judge of the county in which 
they reside, to cause the question to be submitted to the legal 
voters of such proposed district whether the}" will organize as a 
sanitary district under this act. Such petition shall be addressed 
to the county judge, and shall contain a definite description of 
the territory intended to be embraced in such district, and the 
name of such proposed sanitary district: Provided, however, 
that no territory shall be included in any municipal corporation 
formed hereunder which is not situated within the limits of a 
city, incorporated town or village, or within three miles there- 
of, and no territoiy shall be included within more than one 
sanitary district under this act. Upon the filing of such petition 
in the office of the county clerk of the county in which such ter- 
ritory is situated, it shall be the duty of the county judge to 
call to his assistance two judges of the circuit court, and such 
judges shall constitute a board of commissioners which shall 
have power and authority to consider the boundaries of any 
such proposed sanitary district, whether the same shall be 
described in such petition or otherwise. Notice shall be given 
by such county judge of the time and place where such commis- 
sioners will meet, by a publication inserted in one or more daily 
papers published in such county at least twenty days prior to 
such meeting. At such meeting, the county judge shall preside, 



DRAINAGE AND SEWERAGE. 127 



and all persons in such proposed sanitary district shall have an 
opportunity to be heard touching the location and boundary 
of such proposed district and make suggestions regarding the 
same, and such commissioners, after hearing statements, evi- 
dence and suggestions, shall fix and determine the limits and 
boundaries of such proposed district, and for that purpose and 
to that extent, may alter and amend such petition. After such 
determination by said commissioners, or a majority of them, 
the county judge shall submit to the legal voters of the pro- 
posed sanitary district the question of the organization and 
establishment of the proposed sanitarj^ district, as determined 
by said commissioners at an election to be held on the first 
Tuesday' after the first Monda;\' in November thence next ensuing, 
notice whereof shall be given by said commissioners, at least 
twenty days prior thereto, by publication in one or more daily 
papers published within such proposed sanitary district, such 
notice to specify briefly the purpose of such election, with a 
description of such proposed district. Each legal voter resident 
within such proposed sanitary district shall have the right to 
cast a ballot at such election, with the words thereon, ''For 
Sanitary District," or, "Against Sanitary District." The ballots 
so cast shall be received, returned and canvassed in the same 
manner and by the same officers as is provided by law in the 
case of ballots cast for county officers. The county judge shall 
cause a statement of the result of such election to be spread 
upon the records of the count}' court. If a majority of the votes. 
cast upon the question of the incorporation of the proposed 
sanitary disti-ict shall be in favor of the proposed sanitary dis- 
trict, such proposed district shall thenceforth be deemed an 
organized sanitary district under this act. 

§ 2. All courts in this State shall take judicial notice of the 
existence of all sanitarj' districts organized under this act. 
Upon the organization of any sanitary district under this act, 
the county judge shall call an election to elect officers, and cause 
notice thereof to be posted or published, and perform all other 
acts in reference to such election in like manner as nearly as 
may be as he is required to perform in reference to the election 
of officers in newly organized cities under the provisions of an 
act entitled "An act to provide for the incorporation of cities 
and villages," approved April 10, 1872. 

§ 3. In each sanitary district organized under this act, there 
shall be elected nine trustees who shall hold their offices for five 
years, and until their successors are elected and qualified, except 
the term of office of the first trustees elected, shall be until five 
years after the first ]\Ionday in December after their election. 
The election of trustees, after the first, shall be on the Tuesday 
next after the first Monday in November, in every fifth year. 
In all elections for trustees, each qualified voter may vote for 
as manv candidates as there are truvstees to be elected, or he 



128 DRAINAGE AND SEWERAGE. 



may distribute his vote among not less than five-ninths of the 
candidates to be elected, giving- to each of the candidates among 
whom he distributes the same, the same number of votes or 
fractional pa,rts of votes. The trustees shall choose one of their 
number president, and such sanitary district shall, from the 
time of the first election held by it under this act, be construed 
in law and equity a body corporate and politic and by the 

name and style of the sanitary district of , and by 

such name and style may sue and be sued, contract and be 
contracted with, acquire and hold real estate and personal 
property necessary for corporate purposes, and adopt a common 
seal and alter the same at pleasure. 

§ 4. The trustees elected in pursuance of the foregoing pro- 
visions of this act shall constitute a board of trustees for the 
district by which they are elected, which board of trustees is 
hereby declared to be the corporate authorities of such sani- 
tary district, and shall exercise all the powers and manage and 
control all the affairs and property of such district. Said 
board of trustees shall have the right to elect a clerk, treasurer, 
chief engineer and attorney for such municipality, who shall 
hold their respective offices during the pleasure of the board, 
and who shall give such bond as may be required by said 
board. Said board may prescribe the duties and fix the com- 
pensation of all the officers and employes of said sanitary 
district: Provided, however, that the salary of the president of 
said board of trustees shall in no case exceed the sum of four 
thousand dollars per annum; and the salary of the other mem- 
bers of said board shall not exceed three thousand dollars per 
annum: And, provided further, that the amount received by 
any attorney shall not exceed the sum of five thousand dollars 
($5,000) per annum. Said board of trustees shall have full 
power to pass all necessary ordinances, rules and regulations 
for the proper management and conduct of the business of 
said board of trustees and of said corporation and for carrying 
into effect the objects for which such sanitary district is 
formed. 

§ 5. All ordinances making any appropriations shall, within 
one month after the^^ have passed, be published at least once 
in a newspaper published in such district, or if no such news- 
paper of general circulation is published therein, by posting 
copies of the same in three public places in the district; and no 
such ordinance shall take eflfect until ten days after it is so pub- 
lished, and all other ordinances, orders and resolutions, shall 
take effect from and after their passage unless otherwise pro- 
vided therein. 

§ 6. All ordinances, orders and resolutions, and the date of 
publication thereof may be proven by the certificate of the 
clerk, under the seal of the corporation, and when printed in 
book or pamphlet form, and purporting to be published by the 



DRAINAGE AND SEWERAGE. 129 



board of trustees, and such book or pamphlet shall be received 
as evidence of the passage and legal publication of such ordin- 
ances, orders and resolution, as of the dates mentioned in such 
book or pamphlet, in all courts and places without further 
proof. 

§ 7. The board of trustees of any sanitary district organized 
under this act shall have power to provide for the drainage of 
such district by laying out, establishing, constructing and 
niaintaining one or more main channels, drains, ditches and 
outlets for carrying off and disposing of the drainage (includ- 
ing the sewage) of such district, together with such adjuncts 
and additions thereto as may be necessary or proper to cause 
such channels or outlets to accomplish the end for which they are 
designed in a satisfactory manner; also to make and establish 
docks adjacent to any navigable channel made under the pro- 
visions hereof for drainage purposes, and to lease, manage and 
control such docks, and also to control and dispose of any 
water-power which may be incidentally created in the construc- 
tion and use of said channels or outlets, but in no case shall 
said board have any power to control water after it passes 
beyond its channel, waterways, races or structures into a 
river or natural waterway or channel, or water-power, or 
docks, situated on such river or natural waterway or channel: 
Provided however, nothing in this act shall be construed to 
abridge or prevent the State from hereafter requiring a portion of 
the funds derived from such water power, dockage or wharfage to 
be paid into the State Treasury to be used for State purposes. 
Such channels or outlets may extend outside the territory in- 
cluded within such sanitary district, and the rights and powers 
of said board of trustee.s over the portion of such channel or out- 
let lying outside of such district shall be the same as those 
vested in said board over that portion of such channels or out- 
lets within the said district. 

§ 8. Such sanitary district may acquire, by purchase, con- 
demnation, or otherwise, any and all real and personal property, 
right of way and privilege, either within or without its cor- 
porate limits that may be required for its corporate pur- 
poses: Provided, all moneys for the purchase and condemna- 
tion of any property, shall be paid before possession is taken, 
or any work done on the premises damaged by the construc- 
tion of such channel or outlet, and in case of an appeal from 
the county court taken by either party, whereby the amount 
of damages is not finally determined, the amount of judgment 
in such court shall be deposited at some bank, to be designated 
by the judge thereof, subject to the payment of such damages 
on oi'ders signed by such county judge, whenever the amount 
of damages is finally determined; and, when not longer re- 
quired for such purposes, to sell, convey, vacate and release the 
same, subject to the reservation contained in section 7, re- 
lating to water-powers and docks. 
—9 



130 DRAINAGE AND SEWERAGE. 



§ 9. The corporation may borrow monev for corporate pur- 
poses, and may issue bonds therefor, but shall not become in- 
debted, in any manner or for any purpose, to an amount in 
the aggregate to exceed five per centum on the valuation of 
taxable property therein, to be ascertained by the last assess- 
ment for state and county taxes previous to the incurring of 
such indebtedness: Provided, however, that said five per centum 
shall not exceed the sum of fifteen million dollars (115,000,000). 

§ 10. At the time or before incurring any indebtedness, the 
board of trustees shall provide for the collection of a direct 
annual tax sufficient to pay the interest on such debt as it falls 
due, and also to pay and discharge the principal thereof as the 
same shall fall due, and at least Avithin twenty years from the 
time of contracting the same: Provided, that the net earnings 
from water-powder and docks may be appropriated and applied 
to the purpose of paying the interest or principal of such in- 
debtedness or both, and to the extent that they will suffice, 
the direct tax may be remitted. 

§ 11. All contracts for work to be done by such municipality, 
the expense of which will exceed five hundred dollars, shall be 
let to the lowest responsible bidder therefor, upon not less than 
sixty days public notice of the terms and conditions upon 
which the contract is to be let having been given by publica- 
tion in a newspaper of general circulation published in said 
district, and the said board shall have the power and authority 
to reject any and all bids, and re-advertise. Provided, no per- 
son shall be employed on said work unless he be a citizen of 
the United States or has in good faith declared his intentions 
to become such citizen. In all cases whei-e an alien, after filing 
his declaration of intention to become a citizen of the United 
States shall for the space of three months after he could law- 
fully do so, fail to take out his final papers and complete his 
citizenship, such failure shall be prima facie evidence that his 
declaration of intentions was not made in good faith, and that 
eight hours shall constitute a day's work. 

§ 12. The board of trustees may levy and collect taxes for 
corporate purposes upon property within the territorial limits 
of such sanitary district, the aggregate amount of which in any 
one year shall not exceed one-half of one per centum of the 
value of the taxable property within the corporate limits, as 
the same shall be assessed and equalized for state and county 
taxes of the year in which the levy is made. Said board shall 
cause the amount required to be raised by taxation in each 
year to be certified by the county clerk, on or before the second 
Tuesday in August, provided in section one hundred and twenty- 
two of the general revenue law. All taxes so levied and certi- 
fied shall be collected and enforced in the saine manner and by 
the same officers as state and count}' taxes, and shall be paid 



DKAI.VAGE AND SEWERAGE. ISi 



over by the officer eoUeetino- the same to the treasurer of the- 
sanitary district, in the manner and at the time provided hy 
the general revenue law. 

§ 13. The board of trustees shall have power to defray the 
expenses of any improvement made by it in the execution of 
the powers hereby granted to such incorporation, by special 
assessment, or by general taxation, or partly b}' special assessment 
and partly by general taxation as they shall by ordinance 
prescribe. It shall constitute no objection to any special 
assessment that the improvement for wliich the same is levied is 
partly outside the limits of such incorporation, but no special 
assessment shall be made upon property situated outside of 
such sanitary district, and in no case shall any property be 
assessed more than it will be benefited by the improvement for 
which the assessment is levied. The proceedings for making, 
levj'ing, collecting and enforcing of any special assessment levied 
hereunder shall be the same as nearly as may be as is prescribed 
by article nine of an act entitled "An act to provide for the in- 
corporation of cities and villages," approved April 10, 1872. 
Whenever in said act the words "city council" are used, the 
same sha'l apply to the board of trustees constituted b}^ this 
act, and the words applying to the city or its officers in that 
article shall be held to apply to the corporation hereby created 
and to its officers. 

§ 14. When any assessment is made under this act, the or- 
dinance authorizing such assessment may provide that it be 
divided into equal annual installments, not more than twenty 
in number, and fix the amount and time of payment of each 
installment, and that the installment shall bear interest at a 
rate not exceeding six per cent, per annum, payable annually, 
from the date fixed in said ordinance, and the several install- 
ments and interest thereon may be collected and enforced, as 
they shall become due, in the manner provided for the enforcement 
of assessments under said article 9. No more of any assessment 
need be returned or certified to the county collector than will show 
the amount due and unpaid at the time of such return, and no 
sale of any parcel of land for any installment of an assessment 
shall discharge the premises from anj subsequent installment of 
the same or any other assessment. Any one or all of the in- 
stallments may be paid any time after the assessment is con- 
firmed, with accrued interest, if any, to the date of payment. 

-. § 15. Where any assessment is made payable in installments, 
the board of trustees may issue bonds or certificates not ex- 
ceeding in amount eighty per centum of the unpaid portion of 
such assessment at the date of the issue thereof, payable onl}^ 
out of such assessment, and bearing interest at a rate not ex- 
ceeding the rate of interest upon tlie installments of such as- 
sessments. The board of trustees shall have the right to call in 



132 DRAINAGE AND SEWERAGE. 



and pay off said bonds or certificates as fast as there is money 
received into the treasury from the assessment against which 
the same are issued, and all moneys received upon such assess- 
ment shall be applied to the payment of said certificates or bonds 
until they are fully satisfied. 

§ 16. Whenever the board of trustees of any sanitary district 
shall pass an ordinance for the making of any improvement 
which such distfict is authorized to make, the making of which 
will require that private property should be taken or damaged, 
such district may cause compensation therefor to be ascertained, 
and condemn and acquire possession thereof in the same man- 
ner, as nearly as may be, as is provided in an act entitled "An 
act to provide for the exercise of the right of eminent domain," 
approved April 10, 1872: Provided, however, that proceedings 
to ascertain the compensation to be paid for taking or damag- 
ing private property shall, in all cases, be instituted in the 
county where the property sought to be taken or damaged is 
situated: And, provided, that all damages to property, whether 
determined hj agreement or by final judgment of court, shall be 
paid out of the annual district tax prior to the payment of any 
other debt or obligation. 

§ 17. When it shall be necessary in making anj^ improve- 
ments which any district is authorized by this act to make, to 
enter upon any public property or property held for public use, 
such district shall have the power so to do, and may acquire 
the necessary right of way over such property held for public 
use in the same manner as is above provided for acquiring 
private property, and may enter upon, use, widen, deepen and 
improve any navigable or other waters, waterways, canal or 
lake: Provided, the public use thereof shall not be unnecessarily 
interrupted or interfered with, and that the same shall be re- 
stored to its former usefulness as soon as practicable: Pro vided, 
however, that no such district shall occupy any portion of the 
Illinois and Michigan canal outside of the limits of the count}" 
in which such district is situated, for the site of any such im- 
provement, except to cross the same, and then only in such a 
way as not to impair the usefulness of said canal or to the in- 
jury of the right of the State therein, and only under the direc- 
tion and supervision of the Canal Commissioners: And, provided, 
farther, that no district shall be required to make any compen- 
sation for the use of so much of said canal as lies within the 
limits of the county in which said district is situated, except for 
transportation purposes. 

§ 18. In making any special assessment for any improvement 
which requires the taking or damaging of property, the cost of 
acquiring the right to damage or take such property may be 
estimated and included in the assessment as a part of the cost 
of making such improvement. 



DKAINACIE AND SEWERAGE. 133 



§ 19. Every sanitaiy district shall be liable for all damages 
to real estate within or ^vithout such district which shall be 
overflowed or otherwise damaged by reason of the construction, 
enlargement or use of any channel, ditch, drain, outlet or other 
improvement under the provisions of this act: and actions to 
recover such damages may be brought in the count^^ where such 
real estate is situate, or in the county where such sanitary dis- 
trict is located, at the option of the party claiming to be in- 
jured. And in case judgment is rendered against such district 
for damage the plamtift" shall also recover his r-easonable at- 
torney's fees, to be taxed as costs of suit: Provided, however, 
it shall appear on the trial that the plaintiff notified the trustees 
of such district, in writing, at least 60 days before suit was 
commenced by leaving a copy of such notice with some one of 
the trustees of such district stating that he claims damages to 

the amount of dollars, by reason of (here insert the cause 

of damage) and intends to sue for the same: And provided, 
further, that the amount recovered shall be larger than the 
amount offered by said trustees (if anything) as a compromise 
for damages sustained. 

§ 20. Any channel or outlet constructed under the provisions 
of this act, which shall cause the discharge of sewage into or 
through SbTiy river or stream of water beyond or without the 
limits of the district constructing the same, shall be of sufficient 
size and capacity to produce a, contmuous flow of water of at 
least two hundred, cubic feet per minute for each one thousand 
of the population of the district drained thereby, and the same 
shall be kept and maintained of such size and in such condition 
that the water thereof shall be neither offensive or injurious to 
the health of any of the people of this State, and before any 
sewage shall be discharged into such channel or outlet all gar- 
bage, dead animals, and parts thereof, and other solids shall 
be taken therefrom. 

§ 21. In case any sanitary district in this State formed under 
the provisions of this act shall introduce sewage into any river 
or stream of water, or natural or artificial watercourse, beyond 
or without the limits of such district, without conforming to the 
provisions of this act or having introduced such sewage into 
such watercourse, shall fail to comply with any of the pro- 
visions of this act, an action to enforce compliance shall be 
brought by the Attorney General of this State, in the courts of 
any county wherein such watercourse is situate, or he may 
authorize the State's Attorney of any such county to commence 
and prosecute such action in any such county: Provided, that 
nothing in this section contained shall be construed to prevent 
the prosecution of any action or proceeding by individuals or 
bodies corporate or politic against such district. 



134 DRAINAGE AND SEWERAGE. 



§ 22. Nothing in this act contained shall be so construed as 
to constitute a contract or grant between the state of Illinois 
and an}^ sanitary district formed under its provisions, or to 
prevent, debar or deprive the state of Illinois from, at any 
time in the future, altering, amending or repealing this act, or 
imposing an^^ conditions, restrictions, or requirements other, 
different or additional to any herein contained upon any sanitary 
district which may be formed hereunder. 

§ 23. If any channel is constructed under the provisions 
hereof by means of which any of the waters of Lake Michigan 
shall be caused to pass into the Des Plaines or Illinois rivers such 
channel shall be constructed of suflEicient size and capacity to 
produce and maintain at all times a continuous flow of not less 
than 300,000 cubic feet of water per minute, and to be of a 
depth of not less than fourteen feet, and a current not exceed- 
ing three miles per hour, and if any portion of any such channel 
shall be cut through a territory with a rocky stratum where 
such rocky stratum is above a grade sufficient to produce a 
depth of water from Lake Michigan of not less than eighteen 
feet, such portion of said channel shall have double the flowing 
capacity above provided for, and a .width of not less than one 
hundred and sixty feet at the bottom capable of producing a 
depth of not less than eighteen feet of water. If the po]3ulation 
of the district drained into such channel shall at any time ex- 
ceed 1,500,000, such channel shall be made and kept of such 
size and in such condition that it will produce and maintain at 
all times a continuous flow of not less than 20,000 cubic feet 
of water per minute for each 100,000 of the population of such 
district, at a current of not more than three miles per hour, and 
if at any time the general government shall improve the Des 
Plaines or Illinois rivers, so that the same shall be capable of 
receiving a flow of 600,000 cubic feet of water per minute, or 
more, from said channel, and shall provide for the payment of 
all damages which any extra flow above 300,000 cubic feet of 
water per minute from such channel may cause to private prop- 
erty so as to save harmless the said district from all liabilit}'^ 
therefrom, then such sanitary district shall within one year 
thereafter, enlarge the entire channel leading into said Des Plaines 
and Illinois rivers from said district to a sufficient size and 
capacity to produce and maintain a continuous flow through- 
out the same of not less than 600,000 cubic feet of water per 
minute with a current of not more than three miles per hour, 
and such channel shall be constructed upon such gi-ade as to be 
capable of producing a depth of water not less than eighteen 
feet throughout said channel, and shall have a width of not 
less than one hundred and sixty feet at the bottom. In case a 
channel is constructed in the Des Plaines river as contemplated 
in this section it shall be carried down the slope between Lock- 
port and Joliet to the pool commonl}' known as the upper 



DRAINAGE AND SEWERAGE. 135 



basin, of sufficient width and depth to carry off the water the 
channel shall bring down from above. The district construct- 
ing a channel to carry water from Lake Michigan of an}" amount 
authorized by this act may correct, modify and remove obstruc- 
tions in the Des Plaines and Illinois rivers wherever it shall be 
necessary so to do to prevent overflow or damage along said 
river, and shall remove the dams at Henry and Copperas Creek 
in the Illinois river, before any water shall be turned into 
the said channel. 

And the Canal Commissioners, if they shall find at any time 
that an additional supply of water has been added to either of 
said rivers, by any drainage district or districts, to maintain a 
depth of not less than six feet from any dam owned by the 
State to and into the first lock of the Illinois and Michigan 
Canal at LaSalle, without the aid of any such dam, at low water, 
then it shall be the duty of said Canal Commissioners to cause 
such dam or dams to be removed. This act shall not be con- 
strued to authorize the injury or destruction of existing water- 
power rights. 

§ 24. When such channel shall be comyjleted, and the water 
turned therein, to the amount of three hundred thousand cubic feet 
of water per minute, the same is hereby declared a navigable 
stream, and whenever the general government shall improve the 
Des Plaines and Illinois rivers, for navigation, to connect with 
this channel, said general government shall have full control 
over the same for navigation purposes, but not to interfere 
with its control for sanitary or drainage purposes. 

§ 25. Any district formed hereunder shall have the right to 
permit territory lying outside its limits and within the same 
county to drain into and use any channel or drain made by 
it, upon such payments, terms and conditions as may be 
mutually agreed upon, and any district formed hereunder is 
hereby given full power and authority to contract for the right 
to use any drain or channel which may be made b}' any other 
sanitary district, upon such terms as may be mutually agreed 
upon, and to raise the money called for by any such contract 
in the same way and to the same extent as such district is 
authorized to raise money for any other corporate purposes: 
Provided, that where the united fiow of any sanitarj^ districts 
thus co-operating shall pass into any channel constructed 
within the limits of the county wherein such districts are located 
- and which passes into the Des Plaines or Illinois rivers, such 
united flow shall in no case and at no time be less than 20,000 
cubic feet of water per minute for each one hundred thousand 
of the aggregate of the population of the districts co-operat- 
ing: Provided, nothing in this act shall in any wise be so con- 
strued as to diminish, impair or remove any right or rights of 
any city, village, township or corporation, body politic or indi- 



136 DRAINAGE AND SEWERAGE. 



vidual situated on the Des Plaines or Illinois rivers or their 
tributaries within the valleys of the same to use the channel 
for drainage or otherwise not inconsistent with the rights of the 
district constructing the same as expressed in this act. 

§ 26. AVhenever in any such sanitary district there shall be 
a city, incorporated town or village, which owns a system of 
waterworks and supplies water from a lake or other source 
which will be saved and preserved from sewage pollution, by 
the construction of the main channel, drain, ditch, or outlet 
herein provided for; and the turning of the sewage, of such city 
and district therein, and there shall be in such sanitary dis- 
trict, any territory bordering on any such cit3\ incorporated 
town or village, within the limits of another city, incorporated 
town or village, which does not own any system of waterworks, 
at the time of the creation of such sanitary district, then upon 
application by the corporate authorities of such latter named 
city, incorporated town or village, the corporate authorities of 
such city, incorporated town or village, having such s^^stem of 
waterworks shall fui'nish water at the boundary line between 
such municipalities by means of its waterworks to the corporate 
authorities asking for the same in such quantities as may be 
required to supply consumers within said territory, at no 
greater price or charge than it charges and collects of consum- 
ers within its limits for water furnished through meters in like 
large quantities. 

§ 27. If any channel shall be constructed under the pro- 
visions of section 23 of this act, it shall be the duty of the 
trustees of such district, when such channel shall be completed, 
and before any water or sewage shall be admitted therein, to 
duly notify in writing, the Governor of this State of such fact; 
and the Governor shall thereupon appoint three discreet per- 
sons as commissioners, one of whom shall be a resident of the 
city of Joliet, or between said city and the city of LaSalle, and 
one a resident of the city of LaSalle, or between said citj^ and 
the city of Peoria, and one a resident of the city of Peoria, or 
between said city and the mouth of the Illinois river, to inspect 
said work. The said commissioners shall, within ten days after 
such appointment, meet at the city of Chicago, and shall ap- 
point a competent civil engineer, and they ma}^ employ such 
other assistance as they may require to expeditiously pei'form 
their duties. The said commission shall take as their datum 
line for the survey, the datum established by the Idinois and 
Michigan canal trustees in 1847, and shall make such examina- 
tion and surveys of Chicago river and of the channel or chan- 
nels authorized by this act as shall enable them to ascertain 
whether said channel is of the character and capacity required 
by this act. And in case they shall find the work in all re- 
spects in accordance with the provisions of section 23 of this 



DRAINAGE AND SEWERAGE. 137 



act, tliej shall so certify to the Governor, who shall thereupon 
authorize the water and sewage to be let into said channel. 
But in case said commissioners shall find said channel is not 
constructed in accordance with the provisions of this act, it 
shall be their duty to file in any court of competent jurisdic- 
tion, on the chancery side thereof, in their name as such com- 
missioners, a bill against said corporation, which bill shall set 
forth wherein said work is deficient and fails to comply with 
the provisions of this act; and said court shall thereupon issue 
an injunction without bond against said defendant, enjoining 
and restraining it from admitting water or sewage into said 
channel until the final order of the court. And in case said 
court, upon hearing, shall determine that said channel is not 
constructed in accordance with the provisions of this act, said 
injunction shall be continued until the provisions of this act 
shall have been fully complied with. 

Such commissioners and engineer shall receive for their services 
ten dollars per day each, and their reasonable expenses and 
outlays for the time by them necessarily employed in the dis- 
charge of their duties, which shall be paid to them from the 
State treasury; and the said sanitary district shall reimburse 
the State for all expenses and disbursements on account of said 
commission. 

If any channel is constructed under the provisions of this act, 
which shall discharge the sewage of a population of more than 
300,000 into or through any river beyond or without the limits 
of the district constructing it, the same shall be constructed in 
accordance with the provisions of section 23 of this act, and if 
any such channel receives its supply of water from au}^ river 
or channel connecting with Lake Michigan, it shall be construed 
as receiving its supply of water from Lake Michigan. 

Approved Mav 29, 1889. 



138 EDUCATIONAL INSTITUTIONS. 



EDUCATIONAL INSTITUTIONS. 



COLLEGES AND UNIVERSITIES. 

§ 1. Occupation of public grounds, vacated for that purpose, by colleges and univer- 

si ies. 

An Act to authorize universities and colleges to control and 
use certain vacated public grounds for the objects for which said 
institutions were incorporated. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That when parks, 
squares or other pubhc grounds have been legally vacated by 
ordinance of any municipality, and an}^ university or college in 
this State, incorporated in pursuance of the laws thereof has 
been thereby authorized to erect buildings for educational pur- 
poses on such vacated grounds, with a limitation in the ordi- 
nance of vacation that said grounds, and the buildings erected 
-fchereon, shall be used for the education of one sex, or in any 
other particular and limited manner, and such uuiversit^^ or 
college shall have erected buildings on such vacated grounds, 
and when the municipality which passed the ordinance of vaca- 
tion has, by subsequent ordinance, modified or repealed the 
limitation in such ordinance, or has, by ordinance, or convey- 
ance of such vacated ground to such university or college 
estopped itself from insisting upon such limitation, such estoppel 
shall be valid against the general public, to the same extent as 
against said municipality; and it shall be lawful for such university 
or college to use and control such grounds for any purpose author- 
ized by its act of incorporation or by such subsequent ordi- 
nance or conveyance in as full and ample a manner as other 
grounds held by such university or college for the objects for 
which the same was incorporated. 

Approved June 3, 1889. 



EDUCATIONAL INSTITUTIONS. 139 



TRUSTEES. 

§ 1. Amends section 1, act 1875, by autlioiizing the election of non-resident trustees; 
at least' three trustees shall be residents; no institution of learning shall be re- 
moved from the State, except by unanimous consent of the trustees. 

An Act to amend section one of mi act entitled ''An act to 
enable non-residents of this State to hold the office of trustee 
in colleges, universities and other institutions of learning not 
under the control of othcers of this State,' ^ approved April 
2, 1875, in force Julyl, 1875, and to provide for the number 
of trustees in such colleges, universities and other institutions 
of learning who must be residents of this State. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Asseuibly: That section one 
of an act entitled "An act to enable non-residents of this 
State to hold the office of trustee in colleges, universities, and 
other institutions of learning- not under the control of officers 
of this State," approved April 2. 1875; in force July 1, 1875, 
be and the same is hereby amended to read as follows, to-wit: 

Section 1. That in all colleges, universities and other institu- 
tions of learning, in the state of Illinois, not placed under the 
control of the officers of this State, whether organized under 
any general or special law, non-residents of this State shall be 
eligible to the office of trustee: Provided, that at least three 
members of the board of trustees of any such institution of 
learning shall be residents of this State: Provided, further, that 
no institution of learning in this State shall be j'emoved from 
this State unless by unanimous vote of the board of trustees. 

Approved April 22, 1889. 



140 



ELECTIONS. 



ELECTIONS. 



PRIMARY. 



1. Elections for nominating candidates 

shall be held under this act when 
managing committees accept its 
provisions. 

2. Acceptance of this act by committees. 

3. Committee-; shall fix time and place 

of elections; opening and closing 
of the polls; judges and clerks of 
elections, how selected; judges and 
clerks ineligible as delegates or 
proxies for delegates. 

4. Notice of elections; judges and clerks 

shall be named in said notice : form 
of notice. 

5. Judges and clerks, oath of office; 

duties; penalties for violation of 
this section. 
C. Qualification of voters at primary 
elections; registry of voters in 
cities having election commis- 
sioners; violation of this section, 
penalties. 

7. Primary election districts; elec'.ion 

of delegates or representatives. 

8. Challenge of voters; examination by 

the judges as to qualifications; 
swearing in votes; violation of this 
section, penalties. 

9. Offenses and penalties under this act, 

defined. 

10. Qualifications other than those named 

in this act not reauired; challen- 
gers; poll fists. 



§ 11. 

§ 12. 
§ 13. 

§ 14. 



§ 15. 
§ 16. 
§ 17. 

§ 18. 
§ 19. 



§ 20. 
§ 21. 



22. 



§ 23. 



§ 21. 
§25. 
§ 26. 



Poll and tally lists, form of. 

Judges may administer oaths. 

Ballots; printed ballot, size and des- 
cription. 

Ballot box must be opened and ex- 
hibited at the opening of the polls 
and before any votes are received. 

Opening of the polls, proclamation. 

Closing of the polls, proclamation. 

Canvass of the votes; proclamation 
of the result of the ballot. 

Canvass, how conducted. 

Certificates of the judges as to the 
correctness of the tally lists of 
voters; form of certificate. 

Counting the ballots. 

Tafi • lists of votes for each person 
voted for. 

Certificates by the judges as to the 
result of the election; form of cer- 
tificate. 

Deposit of the poll and tally lists, 
tally sheets and ballots with the 
secretary of the poUtical committee 
and one of the judges of the elec- 
tion; secretary shall deposit the 
lists left with him with the county 
clerk. 

Certificates by judges to successful 

candidates for nomination. 
Penalties under this act not other- 
wise specified. 

Repeals the act of 1885. 



An Act to regulate prinisbry elections of voluntary political as- 
sociations, and to punish frauds therein. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That all elections 
hereafter to be h olden by any voluntar^^ political association 
or party, for any candidate for any office, or for any delegates 
or managing committee, or for the nomination of candidates 
for public office, shall be held under the provisions of this act, 
whenever any committee or body authorized by the rules or 
customs of such political association shall elect to accept and 
act under such provisions. 



ELECTIONS. 141 



§ 2. Whenever it shall be the desn^e of any such committee 
or body that such election shall be held under the provisions of 
this act, such desire and acceptance shall be expressed by a 
resolution duly passed by such committee or body, which res- 
olution shall state that such election will be held under the 
provisions of this act under the title of "Primar}^ Election 
Law." 

§ 3. Said committee or body shall fix the time and place of 
holding such election and the hours between which the polls are 
to be kept open, and the polls shall, in all cases, be kept open 
irom 1 o'clock P. M. to 7 o'clock P. M., of the day on 
which the election is held; they shall also appoint three reput- 
able persons to act as judges and two reputable persons to act 
as clerks at each polling place. Provided, that in cities and 
towns or villages where there is a board of election commis- 
sioners having jurisdiction of general elections, said central or 
controlling committee shall select the judges and clerks from 
the list of regular election judges and clerks in each ward, or 
voting district, to serve at such primary election representing 
the political association or party callina; said primary election. 
Said judges and clerks, together with the central committee- 
man who acted with the central or controlling committee, in 
calling said primary election, shall be ineligible as delegates, 
alternates, or prox}^, at such primary election, or allowed to 
sit as such in any convention, meeting or caucus, held for the 
election to which said primary election or elections is being 
held. 

§ 4. At least ten days prior to any such election a notice of 
such election shall be published in some newspaper or news- 
papers of general circulation in the district, ward, precinct, 
township, city or county in and for which the election is called; 
such notice must be signed by the secretary of the committee 
or body calling such election, and must state the purpose, time, 
together Avith the place or places of holding such election, with 
a description of each primary election district, and the three 
persons shall be named therein who are appointed for each 
polling place to act as judges and two persons to act as clerks 
of said election, and who shall supervise or preside at such 
election in the primary election district for which they are res- 
pectfully appointed, and such judges and clerks shall be legal 
voters and householders in one of the regular election precincts 
within the primary election district for which they are named. 
Such notice shall also declare that such election therein called 
will be held in pursuance of, and subject to the provisions of 
this act, under the title of "Primary Election Law," and an3" 
election held in pursuance of any notice calling for an election 
under the "Primary Election Law,'' shall be taken and deemed 
to be an election under this law. 



142 ELECTIONS. 



§ 5. The persons named as judges and clerks of election in_ 
the notice required by section four of this act, or any persons 
assuming or chosen to be such judges and clerks in the absence, 
refusal or failure to act, of any of the judges or clerks named 
in such notice shall first make oath or affirmation that they are 
legal voters and householders in one of the regular election 
precincts within the primary election district, for which they were 
appointed to serve; that they will faithfully and correctly con- 
duct such election, protect it against all frauds and unfairness, 
carefully and truly canvass all votes cast thereat, and in 
every w^ay conform to the provisions of this act, and of the no- 
tice for the election, which oath may be administered by any 
one of the judges, or by any person authorized under the laws 
of the State to administer oaths. And if one or all of the 
judges appointed to serve at the election be absent or fail or refuse 
to serve at the hour appointed for the election to begin, then the 
electors present to the number of not less than five, possessing 
the qualifications of persons entitled to vote at said election, 
shall choose a person or persons to fill any vacancy that may 
exist. Any violation of the provisions of this section shall be 
deemed a misdemeanor, and shall subject the offender, on con- 
viction, to punishment by a fine of not less than fifty dollars nor 
more than two hundred dollars, or by imprisonment in the 
county jail not less than one nor more than six months, or by 
both such fine and imprisonment in the discretion of the court. 

§ 6. Every legal voter entitled to vote at regular elections 
within auy election precinct, included within the primarj^ dis- 
trict of which he is a resident and who is a member of the 
political association or party holding the primary election, 
shall be entitled to vote at such primary election: Provided, 
that in cities, towns or villages where there is a board of elec- 
tion commissioners having jurisdiction of general elections, no 
person shall be allowed to vote unless he shall be a member 
of the political party or association holding such primary elec- 
tion and shall, upon demand, give the judges his name and 
place of residence, and he shall state, upon like demand (if made), 
that he has not voted at any other primary election held by 
any other political association or party for a period of one 
year" prior to the date of the primary election then held. He 
shall not have voted at this or any other poll at any primary 
election held that day, nor shall he be allowed to vote unless, 
in addition to the qualifications hereinbefore prescribed, he is a, 
registered voter in one of the election precincts contained within 
the primary election district wherein he resides, and it shall be 
the duty of the board of election commissioners to furnish and 
distribute among the judges of every primary election held under 
this act, complete lists of the registered voters in each election 
precinct contained within their respective primary election dis- 
tricts. Any person who is not a member of the political asso- 



ELECTIONS. 148 



ciation or party holding a primary election who votes at such 
primary election shall be deemed gTiilty of a misdemeanor and 
shall be subject, on conviction, to punishment by a fine of not 
less than fifty dollars, nor more than two hundred dollars, or 
by imprisonment in the county jail not less than six months, 
or by both such fine and imprisonment in the discretion of the 
court; and in any prosecution for the violation of the provisions 
of this act, wherein the fact as to the political party or asso- 
ciation to which the defendant belongs is material, such member- 
ship may be shown by evidence of general reputation in the 
neighborhood where said defendant resided at the time of com- 
mitting the alleged offense as to the political party or associa- 
tion to which he belonged. 

§ 7. The committee or body electing to hold a primary elec- 
tion under this act, shall divide the district, ward, township, 
city, town or village into primary election districts, such pri- 
mary election districts shall be formed of contiguous election 
precincts in as nearly compact form and as nearlj^ equal as cir- 
cumstances will permit; and no such primarj' election district 
shall be formed which shall contain more than 800 voters of the 
political association or party holding the primary election, the 
number of such voters to be determined by the vot6 cast at the 
last preceding presidential election. At any primary election 
held under this act, the voters of each of such primary election 
districts entitled to vote at such election shall choose their own 
representatives or delegates. 

§ 8. It shall be the duty of the judges of said election to 
entertain objections made by any qualified elector, within his 
own primary election district, to any vote which may be offered, 
on the ground that the person offering it is not a citizen of the 
United States, or a legal resident and voter under the general 
election laws of the State, of the election precinct, ward, town- 
ship, district, city, tow^n or village for which the election is held; 
or that he is not a member of the association or part^^ holding' 
such election, or in case such person offering to vote should be 
registered by the terms of this act, that he is not a registered 
voter, or that he has received or been promised, directly or in- 
directly, any monej^, fee or reward for his vote for any candi- 
date, or that he has voted before at that place or some 
other place on that day, or at the same election; and it shall be 
the duty of one of the judges of the election, if such objection be 
not withdrawn, to administer to the person so offering to vote, 
an oath or affirmation to the general effect that he will truly 
testify to all matters relating to his qualifications under the 
g-eneral election laws of the State, to his residence, citizenship, 
the political party or association to which he belongs, receiving 
or being promised, directly or indirectlv, any money, fee or 
reward for his vote from any candidate, or any any other person, 
or whether he had voted at that or anj^ other place on that day at 



144 ELECTIONS. 



such election, either in his own name or that of another, or under 
an assumed name. It shall then be the dutj of the judges to in- 
terrogate the persons so objected to as to all matters in particu- 
lar upon which said objection was made, and, generallj^ as to 
all of his qualifications as an elector at such election. If the 
person so objected to shall refuse to answer any questions 
asked, after said oath or affirmation shall have been adminis- 
tered, or shall refuse to take such oath, it shall be the duty of 
the judges to reject such vote, and they shall also reject such 
vote unless such person shall file with them a written or printed, 
or partly written or printed, statement by him, sigTied under 
oath, that he is a qualified voter of the election district in 
which such election is held, and entitled to vote at such election; 
and unless such statement shall be accompanied by a similar 
statement of some person known to at least one of the judges 
to be a qualified voter in that district, to the effect that he 
knows the person so challenged, and that his statement is true, 
which said last statement must also be subscribed by the party 
making it. Such statement must, in all cases, expressly state 
that the person making it is a member of the political associa- 
tion or party holding the election. If such statements shall be 
filed and such oath be taken, and such questions answered in 
such a manner as to show that the applicant is qualified to vote 
at such election, it shall be the duty of the judges of the election 
to receive such vote, and the word "sworn" shall be noted 
opposite the person's name on the poll lists, to be kept as here- 
inafter provided. Any violations of the provisions of this sec- 
tion by the judges of the election, or either of them, shall be 
deemed a misdemeanor, and, upon conviction, shall subject the 
party so offending to punishment by a fine of not less than one 
hundred dollars nor more than three hundred dollars, or by 
imprisonment in the county jail for not less than two nor more 
than six months, or by both such fine and imprisonment, in the 
discretion of the court; and any person who shall, upon taking- 
such oath or affirmation, and under the examination herein 
authorized, or in the written statements herein required, willfully 
make a false statement as to a matter pertinent and material 
in such examination, shall be deemed guilty of perjury, and. 
upon conviction thereof, be punished as prescribed by law for 
such offense. 

§ 9. Whoever fraudulently votes more than once at any 

primary election, or offers to vote after having voted once at 

such election, or, knowing that he is not a qualified voter at 

.such election, willfully votes or offers to vote at such election; 

or 

Second — Willfully aids or abets any one not qualified to vote 
at such primary election in voting or attempting to vote at 
such election: or 



ELECTIONS. 145 



Third — By offering a reward or bribe, or by treating or giv- 
ing to him any spirituous, malt or other liquors, either directly 
or inclirectl,y, influences or attempts to influence any voter in 
giving or withholding his vote at such election; or 

Fourth — Furnishes a voter with a ticket or ballot informing 
him that it contains a name or names different from those 
which appear thereon, with intent to induce him to vote con- 
trary to his intentions; or 

Fifth — Fraudulently or deceitfully changes a ballot of a voter, 
with intent to prevent such voter from voting for such person 
as he intended; or 

Sixth — Endeavors to prevent the voting of any voter, or the 
exercise of lawful influence by any person over a voter at such 
election for himself or for or against any person, hj means of 
violence or threats of violence, or threats of withdrawing custom, 
or dealing in business or trade, or enforcing the payment of a 
debt, or bringing a suit or criminal prosecution, or any other 
threat of injury to be inflicted by him or by such means; or 

Seventh — By briber}' or corrupt or unlawful means, prevents 
or attempts to prevent any voter from attending or voting at 
such election; or 

Eighth — Gives or offers to give any valuable thing or bribe to 
any judge or clerk of such election, as a consideration for some 
act to be done or omitted to be done contrary to his duty in 
relation to such election, or shall interfere with or disturb in 
any manner, any election held under the provisions of this act, 
shall be deemed guilty of a misdemeanor, and, on conviction 
thereof, shall be punished by a fine not exceeding five hundred 
dollars, or by imprisonment in the county jail not less than two 
nor more than six months, or both such fine and imprisonment, 
in the discretion of the court. 

§ 10. The judges of such primary election or elections shall 
not require any other or further qualifications of voters at such 
primary election than those provided in this act, and they shall 
permit a challenger for each adverse interest or party in the re- 
sult of such primarj^ election, to be and remain within each poll- 
ing place, where such primary election is being held, and give 
ample time and opportunity to any challenger or any other 
person to challenge each vote as the same is presented; said 
challengers shall be residents of the primary districts for which 
they are chosen. The poll list shall contain the name of each 
voter, with his i-esidence, in the order which the votes were cast, 
and the judges and clerks shall see to it that the ballot cast by 
each voter shall receive the same number that is entered opposite 
the name of such voter on such poll list, in the order of and as 
the votes are cast. 

§ 11. The following is substantially the form of the poll lists 
and tall}^ lists to be kept bv the judges of election: 
—10 



146 ELECTIONS. 



POLL LIST 

Of the primary election held in the primary election 

district of the ward of in the county of , 

on the day of , in the year , A. B. C. D., 

and E. F. judges, and A. B. and C. D. clerks of said 

election, were respectivel}' sworn (or affirmed) as the law directs 
previous to their entering on the duties of their respective 
oflBces. 

Number and name of electors voting: 

No. Name and residence. No. Name and residence. 

1 A. B. 3 E. F. 

2 CD. 4 G. H. 

We hereby certify that the number of electors voting at this 
election is 

A. B. 

C. D. 

E. F. 

Judges of Election. 



A. B. 
C. D. 



Clerks. 



TALLY LIST. 



Names of persons voted for; and for what position, and 
number of votes given for each candidate: 

We hereby certify that A. B. had votes for , and 

C. D. and votes for ; that E. F. had votes 

for , etc. 

A. B. 

C. D. 
E. F. 

Judges of Election. 

A. B. 
C. D. 

Clerks. 

§ 12. Any one of the judges may administer and certify 
oaths required to be administered during the progress of an 
election held under this act. 

§ 13. When the primary election is held for the election of 
delegates the ballots shall be written or printed, or partly 
written and partly printed, and when printed or partly printed 



ELECTIONS. 147 



and partly written they shall be upon plain white paper with- 
out distinguishing marks, the paper to be common print paper 
and the ballots to be Sy, by 6 inches in size. 

§ 14. Before receiving any ballots the board must, in the 
presence of the persons assembled at the polling place, open 
and exhibit, and then close the ballot box; and thereafter it 
must not be removed from the polling place, nor the view of 
the bystanders until all the ballots are counted, nor must it be 
opened until after the polls are finally closed. 

§ 15. Before the judges receive any ballots, they must cause 
it to be proclaimed aloud, at the place of election, that the 
polls are open. 

§ 16. Fifteen minutes before the time when the polls are to 
be closed the fact must be proclaimed aloud at the place of 
election, and after the polls are closed, no ballots must be re- 
ceived. 

§ 17. As soon as the polls are finally closed, the judges and 
clerks must immediately proceed to canvass the votes given at 
such election. The canvass must be public, in the presence of 
the bystanders, and must be continued without adjournment 
until completed, and the result thereof is declared, and must 
also be conducted at the polling place where the election is 
held, where, also, the result as to each candidate voted for 
must be, immediateh^ on the completion of such canvass, pub- 
licly proclaimed by each one of the judges successively, in a 
loud voice, and such proclamation shall be prima facie evidence 
of the result : 

§ 18. In conducting the canvass the judges shall first count 
the whole number of ballots in the box, and if the number of 
such ballots shall be found to exceed the number of names en- 
tered on the polling lists they shall reject the ballots, if any be 
found upon which no number is marked, or so many thereof, 
without opening the same, or examining or looking at the 
names thereon, as may be necessary to make the number of 
ballots correspond to the number of names entered on the poll- 
ing lists, but if the number of ballots, after rejecting all the 
unnumbered ballots still exceeds the number of names entered 
on the polling lists, they shall be replaced in the box, and one 
of the judges shall publicly draw out and destroy so many 
ballots, unopened, and without examining them, as shall be 
equal to such excess. 

§ 19. The number of ballots agreeing, or being thus made 
to agree, with the number of names on the list, the lists must 
be signed by the judges and clerks of election, and the number 
of names thereon must be set down in words and figures at the 
foot of each list, and over the signatures of the judges, sub- 
stantially in the form prescribed in section eleven. 



148 ELECTIONS. 



§ 20. After the lists are thus signed, the judges must proceed 
to count and ascertain the number of votes cast for each per- 
son voted for. The baLots must be taken out and opened by 
one of the judges, and by him distinctly read aloud and inspected 
by the other two judges. 

§ 21. The clerks must write down each office or position to 
be filled, and the name of each person voted for to fill such 
office, and keep the number of votes for each person for each 
office by tallies as they are read aloud. 

§ 22. As soon as all the votes are counted, there must be 
attached to the tall}^ lists containing the names of the persons 
voted for and for what oflfice, and the number of votes given 
for each candidate, the number being written at full length, and 
such lists must be signed by the judges and clerks, substantially 
in the form given in section eleven. 

§ 23. After counting the votes, proclaiming the result, and 
signing the lists, as above provided, and cause the statements 
provided for in section eight, and one copy of the lists to be 
delivered to the secretary signing the notice of election, and one 
of the judges must retain the other lists together with the bal- 
lots, for twenty days after the election, and such statements 
and lists returned to the said secretary shall be by him, after 
the expiration of twenty days, delivered to the county clerk of 
the count}' in which such election was held, and b,y that officer 
kept with the other books and papers of his office, open like 
other public recoi'ds to public inspection, for the space 
of three months, at the end of which time, if no legal proceed- 
ings have been instituted, in which such lists or statements 
may be useful as evidence, said county clerk may then destroy 
the same. 

§ 24. The primary election judges or a majority of them must 
issue certificates of election to all persons who are chosen to fill 
any position by the vote of their primar^^ election district. 

§ 25. If any person shall be guilty of any violation of this act, 
for which no punishment is herein especially provided for, he 
shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, shall be fined not less than fifty dollars, nor more 
than two hundi-ed dollars, or imprisoned in the county jail 
not less than one month nor more than six months, or pun- 
ished by both such fine and imprisonment, in the discretion of 
the comt. 

§ 26. An act to regulate primary elections of voluntary 
political associations and to punish frauds therein, approved 
June 22, 1885, is hereby repealed. 

Approved June 6, 1889. 



ELECTIONS. 149 



POLL-BOOKS AND TALLY SHEETS. 

§ 1. Amends section 62, a-'-t of 1872, as amended by act of 1885, by requiring tally sheets'- 
and poll-books to be delivered to the county clerk in "24 hours," and to be de- 
posited in the postoffice, addressed to the Secretary of State within "6 hours- 
after the completion of the canvass." 

An Act to amend section sixty-two of an act entitled "■An act 
to amend section twenty-nine, section thirty, as amended June 
18, 1883, in force July 1, 1883; section thirty-one, section 
thirty-two, as amended June 18, 1883, in force July 1, 1883; 
section thirty-three, section thirty-seven, section thirty-eight, 
section fifty-seven and section sixty-two of 'An act in regard 
to elections, and to provide for. filling vacancies in elective 
ofHces,'" approved April 'S, 1872, and in force July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section sixty- 
two of an act entitled "An act to amend section twenty-nine, 
Section thirty, as amended June 18, 1883, in force July 1, 1883; 
section thirty-one, section thirty-two, as amended June 18, 1883,, 
in force July 1, 1883; section thirty-three, section thirty-seven, 
section thirty-eight, section fifty-seven, and section sixty-two of 
'An act in regard to elections, and to provide for filling vacan- 
cies in elective offices,'" approved April 3, 1872, and in force 
July 1, 1872, be amended so as to read as follows: 

Section 62. One of the lists of voters with such certificate 
written thei-eon, and one of the tally papers footed up so as to 
show the correct number of votes cast for each person voted 
for, shall be carefully enveloped and sealed up, and put into the 
hands of one of the judges of election, who shall, within twenty- 
four hours thereafter, deliver the same to the count}^ clerk or 
his deputy, at the office of said county clerk, who shall safely 
keep the same. Another of the lists of voters, with such certi- 
ficate written thereon, and another of the tally papers footed 
up as aforesaid, shall be carefully enveloped and sealed up and 
duly directed to the Secretary of State, and, by another of the 
judges of election, deposited in the nearest postoffice within six 
hours after the completion of the canvass of the votes cast at 
such election, which poll-book and tally list shall be filed and 
kept by the Secretary of State for one year, and cei-tified copies 
thereof shall be evidence in all courts, proceedings and election 
contests. Another of the lists of voters, with such certificate 
written thereon, and another of the tally papers footed up as 
aforesaid, shall be carefully enveloped and sealed up and de- 
livered by the third one of the judges, without delay, in coun- 
ties under township organization, to the town clerk of the town 
in which the district may be; and in counties not under town- 
ship organization, they shall be retained by one of the judges 



150 



ELECTIONS. 



of election, and safelj kept bv said town clerk and judge, for 
the use and inspection of the voters of such district, until the 
next general election. Before said returns are sealed up, as 
aforesaid, the judges shall compare said tally papers, footings 
and certificates, and see that they are correct and duplicates of 
each other, and certify to the correctness of the same. 



Approved May 29, 1889. 



SCHOOL OFFICERS IN CITIES. 



Expenses of elections held in cities, 
towns and villages adopting the 
election law of 188-5, for the election 
of trustees of schools, shall be paid 
out of the treasury of such cities, 
towns and \'illages. 



Expenses of elections for directors 
shall be paid out of the district 
fund. 

Corporate authorities are authorized 
to levy taxes for such election ex- 
penses. 



An Act to provide for the compensation of judges and clerks 
of elections at elections at which trustees of schools and 
school directors are elected under the provisions of an act 
entitled, ''An act to regulate the holding of elections and de- 
claring the result thereof in cities, villages and incorporated 
towns in this State,'' approved June 19, 1885. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly: That at all elec- 
tions held under the provisions of an act entitled, "An act to 
regulate the holding of elections and declaring the result there- 
of in cities, villages and incorporated towns in this State," ap- 
proved June 19, 1885, and those amendatory and supplement- 
al thereto, at which any trustee of school may have been 
heretofore or shall hereafter be elected, the expenses of such 
election shall be paid out of the treasury of such city, village 
or incorporated town. 

§ 2. That at all elections held under the provisions of said 
acts at which a school director is elected, the expenses of such 
election shall be paid out of any funds belonging or appertain- 
ing to the district for which such director is elected. 

§ 3. The corporate authorities of cities, villages, incorpor- 
ated towns or school districts are hereby authorized and em- 
powered to levy taxes for the purpose of paying such election 
expenses. 

Approved June 3, 1889, 



EXEMPTIONS. . 151 



EXEMPTIONS. 



HOMESTEADS. 

§ 1. Amends Sec. 10, act of 1873, by fixing compensation for appraisers and officers 
serving process: fees taxed as costs. 

An Act to amend section ten (10) of 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 Illi- 
nois, represented in the General Assembly: That section ten 
(10) of an act entitled "An act to exempt the homestead from 
forced sale, and to ])rovide for setting off the same, and to ex- 
empt certain personal property from attachment and sale on 
execution, and from distress for rent,"' be, and the same is 
hereby amended so as to read as follows: 

Section 10. If, in the opinion of the creditors, or officer hold- 
ing an execution against such householders, the premises claimed 
by him or her as exempt are worth more than one thousand 
dollars (f 1,000), such officer shall summon three householders 
as commissioners, who shall, upon oath, to be administered to 
them by the officer, appraise said premises; and if, in their 
opinion, the property ma}' be divided without injury to the in- 
terest of the parties, they shall set off so much of said prem- 
ises, including the dwelling house, as, in their opinion, shall be 
worth one thousand dollars (|1,000), and the residue of said 
premises may be advertised and sold by such officer. Each 
commissioner shall receive for his services the sum of two dol- 
lars (|2) per day for each day necessarily engaged in such ser- 
vice. The officer summoning such commissioners shall receive 
such fees as may be allowed for serving summons, but shall be 
entitled to charge mileage for only the actual distance traveled 
from the premises to be appraised, to the residence of the com- 
missioners summoned: Provided, the officer shall not be re- 
quired to summon commissioners until the plaintiff named in 
the writ, or some one for him, shall advance to the officer one 
day's fees for said commissioners, and unless the plaintiff or 
creditor shall advance such fees, the officer shall not be required 
to execute such writ. The costs of such appraisement shall not 



152 EXPLOSIVES. 



be taxed a2:ainst the execution debtor unless such appraisement 
shall show that the debtor has property subject to such execu- 
tion. 

Appeoved June 1, 1889. 



EXPLOSIVES. 



§ 1. Amends section 4, by striking out "one-mile" and inserting "one-half (3i) of a mile." 

An Act to amend section four (4) of ''An act to regulate the 
manufacture, transportation, use and sale of explosives, and 
to punish an improper use of the same," approved June 16, 
1887, in force July 1, 1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section four 
of "An act to regulate the manufacture, transportation, use and 
sale of explosives, and to punish an improper use of the same," 
approved June 16, 1887, in force Jul}^ 1, 1887, be amended so 
as to read as follows: 

Section 4. That no person, firm, company or corporation, 
shall make, manufacture or compound within the limits of this 
State, any dynamite, nitrochlorate, or other explosive compound 
within one-half (^) of a mile of any inhabited dwelling; and no 
person, firm, company or corporation shall make, manufacture 
or compound any dynamite, nitrochlorate or other explosive 
compound without a permit for such purpose signed by the 
count}^ clerk of the county in which said manufacturing or com- 
pounding is desired to be done, and dul}^ 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 compound with- 
out such permit, shall be guilty of a misdemeanor, and upon 
conviction thereof shall be subject to a fine and imprisonment, 
or both, in the discretion of the court, such fine to be not less 



FEES AND SALARIES. 153 



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 dollars nor more than two thousand dollars. 



Approved May 28, 1889. 



FEES AND SALARIES. 



state's attorneys fees. 

§ 1. Amends Sec. 8, act 1872, as amended 1883, in regard to the fees of State's attorneys. 

An Act to amend section 8 of an entitled ^^ An act concern- 
ing fees and salaries, and to classify the several counties of 
this State with reference thereto,'' in force July 1, 1872, as 
amended by act 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 8 
of an act entitled ''An act concerning fees and salaries, and to 
classify the several counties of this State with reference there- 
to," in force July 1, 1872, as amended by act approved June 
15, 1883, in force July 1, 1883, be and the same is hereb^^ 
amended so as to read as follows : 

Section 8. State's attorneys shall also be entitled to the fol- 
lowing- fees : 

For each conviction in a felony case, f 20. 

For each conviction in other cases, in courts of record, in- 
cluding cases brought to such courts from justices of the peace 
and police magistrates, $5. 

For each conviction in cases before police magistrates and 
justices of the peace for offences wh ch it is made by law the 
duty of State's Attorneys to prosecute before such officers, and 
for each conviction before justices of the peace and police 
magistrates, on any charge made criminal by the laws of this 
State, prosecuted by them, |5. 

For attending preliminary examination, for each defendant 
held to bail or recognized, $5. 

For each examination in court of record of a party bound 
over to keep the peace, $5. 

For each trial in a court of record on charge of bastardy, 

110. 



154 FEES AND SALARIES. 



For each case of appeal or writ of error taken from his 
county, or from the county to which change of venue is taken 
from his county to the Supreme or Appellate court, when pro- 
secuted or defended by him, f30. 

For each day actually employed in the trial of cases of felony 
arising- in their respective counties and taken by change of 
venue to another county, $10 ; and the judge before whom the 
case is tried shall make an order specifying the number of days 
for which said per diem shall be allowed, and it is hereby made 
the duty of each State's attorney to prepare and try each case 
of felony arising in his county when so taken away by change 
of venue. " 

For assisting in the trial of each case on an indictment for 
felony brought by change of venue to their respective counties, 
the same fees they would be entitled to if such indictment had 
been found for an offense committed in his county, and it shall 
be the duty of the State's Attorne}^ of the county to which 
such cause is taken by change of venue to assist in the trial 
thereof. 

For each case of forfeited recognizance where the forfeiture is 
set aside at the instance of the defense, in addition to the ordi- 
nary costs, $5 for each defendant. 

For conducting proceedings in the county court to inquire in- 
to the alleged insanity or distraction of any person alleged to 
be insane or distracted, $5. 

All the foregoing fees shall be taxes as costs to be collected 
from the defendant, if possible, upon conviction ; but in cases to 
inquire into the sanity or insanity of any person alleged to be 
insane, in cases on a charge of bastardy, and in cases of ap- 
peal or writ of error in the Supreme or Appellate court, where 
judgment is in favor of the accused, the fees allowed to State's 
Attorneys therein shall be retained out of the fines and for- 
feitures collected by them in other cases. 

Ten per cent, of all moneys, except revenue, collected hj 
them and paid over to the authorities entitled thereto, which 
per cent., together with the fees provided for herein that 
are not collected from the parties tried or examined, shall be 
paid out of any fines and forfeited recognizances collected by 
them . State's Attornej^s shall have a lien for their fees on the 
judgments for fines or forfeitures procured by them, until such 
fees and earnings are fully paid. 

No fees shall be charged on more than twenty counts in any 
one indictment or information on trial and conviction; nor on 
more than twenty counts against any one defendant on pleas 
of guilty at the same term of court. 

Approved June 4, 1889. 



fees and salaries — fences. 155 

witnesses' fees in county courts. 

§ 1. Amends section 49 by allowing fees in attendance upon law term and mileage fees. 

An Act to mnend section 49 of an act entitled "'An act con- 
cerning fees and salaries, and to classify the several counties 
in this State with reference thereto,'^ approved March 29, 
1872. 

Section 1. Be it enacted bv the People of the State of Illi- 
nois, represented in the General Assembly: That section 49 of 
an act entitled ''An a(;t concerning tees and salaries, and to 
classify the several counties of this State with reference thereto," 
be amended so as to read as follows: 

Section 49.. Each witness before the county court, whether 
said court be sitting for probate or common law business, shall 
receive one dollar (|1) for each days' attendance, and five cents 
per mile each way for necessary travel: Provided, that such 
fees for attendance and mileage shall be claimed at the time of 
the trial to be taxed as costs in the cause. 

Approved June 3, 1889. 



FENCES. 



division hedge fences. 



§ 1. Amends act 3 of 1874 by providing that a division fence may be of hedge, and pre- 
scribing the height and how often it shall be trimmed; in case of faihire to trim, 
upon notice, it may be done at the expense of the neglecting owner. 

An Act to amend section three, chapter fifty-four, ''an act to 
revise the law in relation to fences," approved March 22, 
1814, 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 three 
chapter fifty-four, '"An act to revise the law in relation 
to fences," approved March 22. 1874, in force July 1, 1874, be 
amended as follows : 



156 FENCES. 



Section 3. When two or more persons shall have lands ad- 
joining;, each of them shall make and maintain a just propor- 
tion of the division fence between them, and if said fence shall 
be a hedge fence, then the owner or owners of such hedge fence 
shall, during the year after such hedge has attained the age of 
seven years, cut back or trim such hedge fence to a height not 
to exceed four feet, and shall, at least once in every two years 
thereafter, cut back or trim such hedge fence to the height of 
five feet: Provided, that the provisions of this section shall not 
apply to any hedge fence protecting either an orchard or build- 
ings or wind-break not to exceed thirty rods. If the owner or 
owners of such hedge fence shall fail or refuse to comply with 
the provisions of this act, on or before the fifteenth day 
of June, in the year that said hedge should be cut or trimmed, 
any one of the owners of such division fence, having complied 
with the provisions of this act, may give the owner or owners, 
or their agents, of any such uncut or untrimmed hedge, ten 
days notice, in writing, to cut or trim such hedge; and should 
the owner or owners, or their agents, so notified fail or refuse 
to comply with said act it shall be lawful for the person giving 
said notice to cut or trim or cause to be cut or trimmed, in 
accordance with law, and the cost and damage of cutting or 
trimming such hedge may be recovered off of the owner or owners 
of such hedge before a justice of the peace or any court of com- 
petent jurisdiction. 

Approved June 1, 1889. 



HEDGES ALONG HIGHWAYS. 

§ 1. Amends the act of 1883. I § 2. Amends by adding section 4. 

An Act to amend sections two (2) and three (3) of an act en- 
titled ''An act concerning hedge fences along the public high- 
ways in this State,'' approved June 21, 1883, in force July 
1, 1883, and to add a section to said act, to be known as 
section four (4). 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That sections two 
(2) and three (3) of an act entitled ''An act concerning hedge 
fences along the public highwaj^ in this State," approved June 
21, 1883, in force July 1. 1883, be, and the same are hereby so 
amended as to read as follows: 



FENCES. 157 



Section 2 . The owner or o wneis of any hedge fence along the line 
of any public highway in this State shall, during the year next 
after such hedge shall have attained the age of seven years, 
cut back or trim such hedge fence, except Osage hedge, which 
shall be trimmed annually after the second year from first trim- 
ming, to a height not exceeding four feet, and shall at least 
once in every year thereafter cut back or trim such hedge fence 
so that the same shall not exceed the height of five feet, so that 
such public highway shall not be obstructed or impaired in use- 
fulness or convenience, nor the public health injured or jeopar- 
dized by such hedge fence: Providino;, that the provisions of 
this section shall not apply to any hedge protecting either an 
orchard or building: Provided, further, that upon application 
by the owner of any hedge fence along any highway to the 
commissioners of highway of the town where situated in coun- 
ties under township organization, or to the supervisors of high- 
way in the road district where situated, in counties not under 
township organization, said commissioners of highway's, or super- 
visors of highwaj^s, as the case may be, may, at their discre- 
tion, permit said owner to grow a hedge fence not to exceed 
one-fourth the total length of hedge fence along the highway 
on each farm of said owners to any height desired by said 
owner, as a windbreak for stock: Provided, farther, that said 
owner shall keep all such hedges trimmed on the roadside, so 
that the same will not obstruct the public highway to exceed 
four feet from the line of said public highway. 

Section 3. If the owner or ow^ners of any such hedge fence shall 
fail or refuse to comply with the provisions of this act on or 
before the first day of October of each year, the said owner or 
owners shall be subject to a fine of not less than ten dollars (|10) 
nor more than fifty dollars (f 50) in each and every j^ear failing to 
comply with the provisions of this act. Said fine may be recov- 
ered, W'itli costs of suit, against the owner or owners of such 
hedge fence, before any justice of the peace or other court of com- 
petent jurisdiction of the county in which said hedge is situated, 
by suit in the name of the commissioners of highway of the town- 
ship of the counties under township organization, or commis- 
sioners of highway in the road district in counties not under 
township organization in which such hedge fence may be situated, 
said fine to be applied for the use of the road districts in which 
hedge fence may be growing, and the commissioners of highways 
shall bring or cause to be brought, such suit, in accordance with 
section three (3). 

§ 3. That there shall be and hereby is added to said act 
an additional section, to be known as section four (4). 

Section 4. That when the owner of such hedge fence does not reside 
in the county where such hedge fence is situated, and refuses or 
neglects to cut or cause the same to be cut, it shall be the duty 



158 



FISH AND GAME. 



of the commissioners of highways of the township or road dis- 
trict in which such hedge fence is situated, to cut, or cause such 
hedge fence To be cut or trimmed at any time after the first day 
of October in each and every year as is required by this act. The 
cost of cutting or trimming and all costs that may accrue by the 
cutting or trimming of such hedge fence may be recovered by 
such commissioners of highways in any action of debt in any 
court of competent jurisdiction against the owner of the land in 
which said hedge fence may be situated, and the commissioners of 
highways shall bring or cause to be brought, such suit in accord- 
ance with the provisions of section 3 of this act. 

Approved June 3, 1889. 



FISH AND GAME. 



FISH. 



§ 1. Amends sections 1 to 6 and section 
15 of the act of 1887. 
Section 1. Obstructions for ttie pur- 
pose of catching flsh in streams, 
ponds and lakes, prohibited; Ashing, 
except with hook and line, within 
one-half mile of any dam, prohibited; 
killing flsh by certain m^ans, pro- 
ibited. 

§ 2. Fishways at all dame shall be main- 
tained in good repair; failure to do 
so; penalties for failure. 

S 3. Certificates of construction; suspen- 
sion of certificates for failure to re- 
pair; fishways shall not impair or 
endanger the durability of dams; 
commissioners shaU judge a^ to 
safety; in case of disagreement 
arbitrators shall be chosen. 



§ 4. Fish wardens; appointment by the 
Governor; duties; removal. 

§ 5. Arrests for violations of this act. 

§ 6. Seining prohibited; meshes of weirs 
and traps; seining in navigable 
rivers allowed in certain seasons; 
fish may be taken for propagating 
and distribution^ buying and selling 
fish killed in violation of this act, 
penalties. 

§ 7. Penalties under this act. 



An act to amend sections one (1) to six (6)- inclusive, and sec- 
tion fifteen (15) of an act entitled "■An act to encourage the 
propagation and cultivation, and to secure the protection of 
fishes in all the waters of this State,'' approved May '^1, 1887, 
in force July 1, 1887, and to provide for the enforcement of 
the provisions of this act. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That sections one 



FISH AND GAME. 159 



(1) to six (6) inclusive, and section fifteen (15), of an act en- 
titled "An act to encourage the propagation and cultivation, 
and to secure the protection of fishes in all the waters of this 
State," approved May 31, 1887, in force July 1, 1887, be and 
the same are hereby amended so that the following sections 
shall be substituted for and in place of said sections one (1) to 
six (6) inclusive, and section fifteen (15). 

Section 1. That no person shall place or 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 or w-ater-courses, wholly within 
or running through this State, in such manner as shall obstruct 
the free passage of fish up and down or through such water or 
water-courses; and it shall be unlawful for any person to catch 
or take fish, except minnows for bait, with any device or means 
other than a hook and line within one-half mile of any dam 
constructed across any of the rivers or creeks or other water- 
courses w^holly within or running through this State: Provided, 
farther, 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 lime, spear, acid, medici- 
nal or chemical compound or explosive. 

Section 2. That it shall be the duty of any person or persons 
who now own or control, or hereafter may erect or control, 
any dam or other obstruction across any of the rivers, creeks, 
streams, bayous, or other water-courses wholly within or run- 
ning through this State, in such manner as shall obstruct the 
free passage of fish up and down or through such water or 
water-courses, to place or cause to be erected in or in connec- 
tion with such dam or dams durable and efficient fish-ways, so 
that the free passage of fish up and down said waters may not 
be obstructed. All such fish-ways shall be maintained and kept 
in good repair by the person or persons so owning or controll- 
ing such dam or other obstructions during the w^hole time of 
the existence of such dam or other obstructions as aforesaid, 
so that said fish-ways shall at all times be opened and free from 
obstruction for the passage of fish. And in case the owner or 
persons controlling, operating or using any dam or other ob- 
struction as aforesaid, shall fail or refuse after ten days' notice, 
in writing, by a majority of the Fish Commissioners of this 
State, to construct and keep in good repair durable and efficient 
fish-ways, as provided in this act, then the Fish Commissioners 
may construct or cause t.o be constructed, durable and eflicient 
fish-ways, or place the same in good repair, said work to be let 
by contract to the lowest responsible bidder, and may recover 
in an action of debt in the name of the People of the State of 
Illinois before any justice of the peace or any court of compe- 
tent jurisdiction, the cost of constructing or repairing such fish- 



160 FISH AND GAME. 



way. Any person or persons or corporation owning or con- 
trolling any such dam or other ob-tructions who shall fail or 
refuse to comply with the provisions of this section, with respect 
to the construction and maintenance in good repair of such fish- 
ways in any such dam, after having been notified in writing by 
the Fish Commissioners, or a majority of them, to construct or 
repair th-e same, shall be deemed guilty of a misdemeanor and 
for each and every twenty days after such notification that such 
person or persons shall neglect or refuse to comply with the pro- 
visions of this section in not erecting, maintaining and keeping 
in good repair such fish-ways, he or they shall be subject to a 
penalty of not less than ten or more than one hundred dollars. 

Section 3. All fish-ways built as provided in this act, if con- 
structed to the satisfaction and approval of a majoritj^ of the 
Fish Commissioners, then every owner or person controlling 
such dam or other obstruction, as provided in this act, may 
obtain from such Fish Commissioners, or a majority of them, a 
certificate that such fish-way is constructed in compliance with 
this act, which certificate shall be a full protection against any 
prosecution for violation of this act for not providing a fish- 
way. Such certificate may be suspended at any time b}^ the 
Fish Commissioners, when such fish-way is not maintained or 
repaired as herein required. If such person or persons so own- 
ing or controlling an,}^ such dam or other obstruction shall fail 
to construct or- maintain such fish-way to the satisfaction of the 
Fish Commissioners, or a majority thereof, then it shall be 
priniR facie evidence of the violation of this act: Provided, that 
no owner or owners of any dam or dams shall be required by 
this act, or any other act to construct or allow the construc- 
tion of any fish-way in such manner as to endanger the per- 
manent durability of such dam or dams, or to impair their use- 
fulness. Nor shall they be required to construct or repair such 
fish-way by using some particular patent on which a patent fee 
is demanded, or to construct or repair such fish-way when high 
water or climatic conditions may render such work impractic- 
able. The Fish Commissioners, or a majority of them, to de- 
termine whether or not such fish-way will endanger the perma- 
nent durability of such dam or impair its usefulness as to such 
high water or climatic condition, and in case the owner or 
owners of such dam dissent to the decision of such Fish Com- 
missioners, or a majority of them, then a board of arbitrators 
shall be chosen to determine such matters: one by the Fish 
Commissioner's, or a majority of them, one by the owner or 
owners of such dam, and the two so chosen shall select a third, 
within thirty (80) days after their selection, and if not so 
selected within thirty (30) days, then the third one shall be 
selected by the Governor of the State, and the decision of such 
arbitrators, so chosen, shall be final. If the owner or owners of 
such dam shall not choose the arbitrator, as aforesaid, within 



FISH AND GAME. 161 



ten (10) days after notice in writing by the Fish Commissioners, 
or a majority of them, then the decision of the Fish Commis- 
sioners shall be final and conclusive. In case of the destruction 
or damage resulting to the dam by reason of the construction 
of a fish-^Yay under the direction of the Fish Commissioners, 
such damage shall be repaired at the expense of the State. 

Section 4. The Governor, on request of the Fish Commis- 
sioners, shall appoint fish wardens, who shall enforce all laws 
relating to fishes, arrest all violators thereof, prosecute all of- 
fenses against the same. They shall have power to serve pro- 
cesses against such offenders, and shall be allowed the same fees 
as constables for like service, and shall have power to arrest, 
without warrant, any person found violating any of the pro- 
visions of this act, but such wardens shall receive no fees except 
in cases where convictions are obtained. Such fish wardens may 
be removed at any time by the Governor. 

Section 5. It shall be the duty of all sheriffs, deputy sheriffs, 
constables, Fish Commissioners and fish wardens to cause any 
person violating any of the sections of this act to be promptly 
prosecuted, and the several Fish Commissioners of this State 
shall have the power to arrest, without warrant, any person 
found violating this act, but shall not have power to arrest 
without warrant any person or persons for violation of sections 
two (2) and three (3) of this act. 

Section 6. 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 Avatercourses wholly within or running 
through the Sfcate 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 April 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 dam 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 over- 
flowed bottoms of such rivers or streams: Provided, also, that 
it shall be lawful for the Fish Commissioners, or persons author- 
ized by them, to take fish in any way at any time they deem 
best for the purposes of propagation or distribution. It shall 
be unlawful for any person to knowingly buy, sell or have in 
possession any fish at any time which shall have been caught, 
taken or killed contrary to the provisions of this act, and any 
person so offending shall be deemed guilty of a misdemeanor 
and fined as provided in this act. 
—11 



162 



FISH AND GAME. 



Section 15. Any person or persons violating any of the pro- 
visions of the preceding sections of this act, where no other 
penalty is provided, shall be deemed guilty of a misdemeanor, 
and upon a conviction shall be fined not less than ten or more 
than two hundred dollars for each offense and costs of suit. 

Approved June 3, 1889. 



GAME. 



1. Amends sections 1, 2 and 6 of the act 
of 1879. 
Section 1 specifies the time when game 
may be killed, and how; penalties 
for violation of this act. 



§ 2. Having game in possession and offer- 
ing for sale, transporting, etc.; 
penalties for violation of this act. 

§ 6. Selling and exposing for sale. 



An Act to amend sections one, two and six of an act entitled. 
"An act to revise and consolidate the several acts relating to 
the protection of game, and for the protection of deer, wild 
fowl and birds,'' approved Mar 14, 1879, and in force Julv 1, 
1879. 

Section 1. Be it enacted by the People of the State oi 
Illinois, represented in the General Assembly: That sections one. 
two and six of an act entitled "An act to revise and consoli- 
date the several acts relating to the protection of game, and 
for the protection of deer, wild fowl and birds," approved May 
14, 1879, and in force July 1, 1879j be, and the same are, 
hereby amended so as to read as folloAvs: 

Section 1. That it shall be unlawful for any person or per- 
sons to hunt, pursue, kill, trap, net or ensnare, or otherwise 
destroy, any wild buck, doe, or fawn, or wild turkej', between 
the fifteenth day of Januaiy and the first day of' September of 
each and every year, or any pinnated grouse or prairie chicken 
bet\Yeen the first day of November and the fifteenth day of 
September of the succeeding year, or anj rufiled grouse, quail, 
pheasant or partridge between the first day of December and 
the first da}'' of October of each succeeding year or any 3'ear, or 
any woodcock between the fifteenth day of September and the 
fifteenth day of July of • each succeeding or any year, or 
any gray, red, fox, or black squirrel between the fifteenth day 
of December and the first day of June of each succeeding year 
or any year; and it shall be unlawful to kill, hunt, destroy, 



FISH AND GAME. IBS'' 



snare* entrap, or to attempt to kill, hunt, snare, entrap, or 
otherwise destroy, any wild goose, duck, brant, or other water 
fowl, at any time between the fifteenth day of April and the 
fifteenth day of September of any year; and it shall be unlawful 
to hunt, kill, trap, ensnare, or attempt to hunt, kill, trap, 
ensnare, or otherwise destroy, any wild goose, brant, duck, rail, 
or other water fowl, between sunset of any day and sunrise of 
the next succeeding day, at any period of the year ; and it shall 
further be unlawful, at any time, to hunt, kill, trap, or ensnare, 
or to attempt to hunt, kill, trap, or ensnare, or otherwise 
destroy/, any wild goose, brant, 'duck, or other water fowl, from 
any fixed or artificial ambush beyond a natural covering of 
reeds, canes, flags, wild rice, or other vegetation above the 
water of any lake, river, bay, or inlet, or other watercourse 
wholly witliin this State, or in such part of such stream or 
water-course wholly within this State, or with the aid and use 
of Ebuj device commonly cabled sneak boat, sink-box or other 
device used for the purpose of concealment in the open waters 
of this State: and it shall further be unlawful to shoot, kill or 
destroy or shoot at any wild goose, duck, brant, or other water 
fowl, with a swivel gun, or from any sailboat or steamboat, at 
any time, in any part of the water of any lake, river, bay, or 
inlet, or otRer watercourse wholly within this State, or in that 
part of such stream or watercourse wholly within this Slate; 
and any person so offending shall, for each and every offense, be 
deemed guilty of a misdemeanor, and, on conviction, shall be fined 
in anj sum not less than five dollars nor more than t w enty-five 
dollars and costs of suit, and shall stand committed to the 
county jail until such fines and costs are paid: Provided, that 
such imprisonment shall not exceed ten days, and the killing of 
each bird or animal herein specified shall be deemed a separate 
offense. 

Section 2. It shall be unlawful for any person to buy, sell, 
or have in possession, any of the animals, wild fowl or birds 
mentioned in section one of this act at any time when .the 
trapping, netting or ensnaring of such animals, wild fowl, or 
birds, shall be unlawful, which shall have been entrapped, netted 
or ensnared contrary to the provisions of this act ; and it shall 
further be unlawful for any person oT persons at any time to _ 
sell or expose for sale, or to have in his or their possession for 
the purpose of selling, any quail, pinnated grouse or prairie 
chicken, ruffled grouse or pheasant, gray, red, fox, or black 
squirrel or wild turkey that shall have been caught, snared, 
trapped or killed within the limits of this State; and it shall 
further be unlawful for any person, corporation or carrier to 
receive for transportation, to transport, carry or convey any of 
the aforesaid quail, pinnated grouse or prairie chicken, ruffled 
grouse or pheasant, squirrel, or wild turkey, that shall have 
been caught, snared, trapped or killed within the limits of this 
State, knowing the same to have been sold, or to transport, 



164 FISH AND GAME. 



■cany or convey the same to any place where it is to be sbld or 
offered foi' sale, or to any place outside of this State for any 
purpose; and any person guilty of violating- any of the provis- 
ions of this section shall be deemed guilty of a misdemeanor, 
and, on conviction thereof, shall be fined not less than five dol- 
lars nor more than twenty-five dollars for each and everj^ 
offense, and shall stand committed to the county jail not exceed- 
ing ten days until such fines and costs are paid: Provided, 
that the selling, exposing for sale, having in possession for sale, 
transporting or carrying and conveying, contrary to the pro- 
visions of this section, of ea.ch and every animal or bird for- 
bidden herein, shall be deemed a separate offense. 

Section 6. No person or persons shall sell, or expose for 
sale, or have in his or their possession for the purpose of sell- 
ing, or exposing for sale any of the animals, wild fowls or 
birds mentioned in section one (1) of this act after the expira- 
tion of five (5) days next succeeding the first daj^ of the period 
in which it shall be unlawful to kill, trap or ensnare such ani- 
mals, wild fowls or birds. Any person so offending shall, on 
conviction, be fined and dealt with as specified in section one 
(1) of this act, and selling or exposing for sale, or having the 
same in possession for the purpose of selling or exposing for 
sale any of the animals or birds mentioned in this section after 
the ex^jiration of the time mentioned in this section, shall 
be prima facie evidence of the violation of this act: Provided, 
that the provisions of this act shall not apply to the killing of 
birds by or for the use of taxidermists for preservation, either 
in public or private collections, if so preserved: Provided fur- 
ther, that nothing contained in this section shall be construed 
as modifying or being in confiict with section two of this act, 
or authorizing or legalizing the sale or exposing for sale, trans- 
portation or receiving for transportation, any of the animals, 
birds or game as therein prohibited: And provided, also, that 
inhabitants of villages and cities may receive and ship game 
from other States, and expose and sell the same on the market 
in said villages and cities, between the first day of October and 
the first day of February of the following year. 

Approved June 1, 1889. 



GUARDIANS AND WARDS. 1G5 



GUARDIANS AND WARDS. 



PUBLIC COUNTY GUARDIANS. 

1. Appointment by the governor; term I § 3. Failure of guardians to ciualify, pub- 
of office. lie guardian shall act. 



§ 2. Official oath. 



§ 4. Powers and duties. 
§ 5. Bond. 



An Act to provide for the appointment of a public guarclian in 
each county in this State. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the Governor 
of this State, by and ^Yith the advice and consent of the Senate, 
shall, before the first Monday in December, eighteen hundred 
and eighty-nine, and every four years thereafter, appoint in 
each county in this State, and as often as anj vacancies may 
occur, a suitable person, to be known as public guardian of 
such county, who shall hold his office for four years from the 
first Monday of December, eighteen hundred eighty-nine, or 
until his successor is appointed and qualified. 

§ 2. Every person appointed as a public guardian shall, be- 
fore entering upon the duties of his oflSce, take and subscribe 
and file in the office of the clerk of the county court, the follow- 
ing oath, to-wit: 

I do solemnly swear (or affirm, as the case may be,) that I 
will support the Constitution of the United States and the Con- 
stitution of the state of Illinois, and that I Avill faithfully dis- 
charge the duties of public guardian of count^^, accord- 
ing to the best of my ability. 

§ 3. Whenever any guardian, appointed under the provisions 
of section three (3) of the act entitled "An act in regard to 
guardians and wards,'" approved April 10, 1872, in force July 
1, 1872, shall fail to qualify as such guardian at the expiration 
of three months from his or her appointment, it shall be the 
duty of the court to appoint the public guardian of the county 
where the minor resides, as guardian of the minor. 

§ 4. The public guardian, when appointed by the court, as 
provided in this act, shall have the same powers and his duties 
shall be the same as of guardians appointed under the provi- 
sions of section three of the act entitled "An act in regard to 
guardians and wards,'' approved April 10, 1872, in force Julv 
1, 1872. 



166 



GUARDIANS AND WARDS. 



§ 5. It shall be the duty of the county court to require of a 
public guardian, before entering upon the duties of his office, to 
enter into a bond, payable to the People of the State of Illinois, 
in a sum of not less than five thousand dollars, with two or 
more securities, approved by the court, and conditioned that 
he will faithfully discharge all the duties of his office, and the 
court may, from time to time, as occasion may require, demand 
additional security of such guardian, and maj require him to 
give the usual bond required of guardians in other cases; and 
in default of giving such bond within sixty days after receiving 
his commission, or in default of giving additional security within 
such time as the court may fix, after being duly ordered by 
said court so to do, his office shall be deemed vacant, and upon 
the certificate of the county judge of such fact, the Governor 
shall fill the vacancy aforesaid. 

Approved June 3, 1889. 



UNCLAIMED MONEYS. 



]. Unciaimed moneys in the hands of 
guardian, upon final settlement, 
shall be deposited with the county 
treasurer. 



How claimed and obtained by per- 
sons entitled thereto. 



An Act to provide for the disposal of unchiimed moneys in the 
hands of guardians. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That when any. 
guardian shall have made final settlement with the county 
court, it shall be the duty of the court to order such guardian 
to deposit with the county treasurer such moneys as he may 
have belonging to any ward whose whereabouts may be unknown 
or belonging to the unknown heir or heirs of any deceased 
ward, or the heirs of any ward whose whereabouts may be un- 
knoW'U, and to take the receipt of such treasurer therefor, and 
to file such receipt in the office of the clerk of the county court 
where such settlement has been made. 

§ 2. When money shall be deposited as aforesaid, the person 
or persons entitled to the same may at any time apply to the 
court making such order, and obtain the same upon making 
satisfactoi-y proof to the court of his, her or their right thei-eto. 

Approved Mav 10, 1889. 



HOSPITALS, PUBLIC. 167 



HOSPITALS, PUBLIC. 



NON-SECTARIAN. 

§ 1. Aiithorizes cities and counties to contribute to the support of non-sectarian hos- 
pitals. 

An Act to enable cities and counties in this State to contribute 
towards the support of non-sectarian public hospitals located 
within their respective limits. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That it shall be 
lawful for an^^ county or any city of this State to contribute 
such sum or sums of money towards the support of any non- 
sectarian public hospital for the sick or infirm, located within 
its limits, as the county board of the county, or city council 
of the city, shall deem discreet and proper. 

Approved Mav 23, 1889. 



HOTELS AND EATING-HOUSES. 



FRAUDS UPON. 

S 1. Obtaining food and accommodations i § 2. Fraud under this act defined; ex- 
with intent to defraud; penalties. I eeptions. 

An Act to define and punish frauds upon hotel, inn, boarding 
and eating-house keepers. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That any person 
who shall obtain food, lodging- or other accommodation at any 
hotel, inn, boarding or eating-house with intent to defraud the 
owner or keeper thereof, shall be deemed guilty of a misde- 
meanor, and upon conviction shall be punished by a fine not 
exceeding one hundred dollars or imprisonment in the county 
jail not exceeding thirty days. 



168 



INSURANCE, ACCIDENT. 



§ 2. Proof that lodging, food or other accommodation was 
obtained by false pretense, or by false or fictitious show or pre- 
tense of baggage, or that the party refused or neglected to pay 
for such food, lodging or other accommodation on demand, or 
that he or she absconded or left the premises without paying 
or offering to pay for such food, lodging or other accommoda- 
tion, or that he or she surreptitiously removed or attempted 
to remove his or her baggage, shall be prima facie proof of the 
fraudulent intent mentioned in section one of this act, but this 
act shall not apply to regular boarders, nor when there has 
been an agreement for delay in payment. 

Approved June 4, 1889. 



INSURANCE, ACCIDENT. 



ACCIDENT COMPANIES. 



§ 1. Incorporation of companies; policies. 

§ 2. Filing statement of incorporation 
with the Auditor; examination and 
certiflcate of the Attorney General; 
Auditor's certificate ; record of papers. 

§ 3. Publication of charter; stock sub- 
scriptions. 

§ 4. Deposit of approved securities with the 
auditor of not less than $100,000. 

§ 5. Upon the completion of the corpora- 
tion, and the deposit of the required 
capital the Auditor shall issue a 
certiflcate of deposit; record of 
certiflcates in the county recorder's 
office. 

§ 6. Corporate powers; real and personal 
estate; real estate taken in satis- 
faction of debts, sale of. 

§ 7. Reinsurance reserve; dividends. 

§ 8. Capital and reserve essential. 

§ 9. Annual report to the Auditor. 

§ 10. Form of annual statements; enumer- 
ated items of statement. 

§ 11. Auditor's certiflcate to agents and 
sohcitors. 

§ 12. Penalties for soliciting business with- 
out having complied with the re- 
quirements of this act. 

§ 13. Penalties for effecting insurance 
in violation of law. 



§ 1-t. No business slaall be transac ed un- 
til this law has been comphed with 
and Ucense obtained under the in- 
surance law of 1879. 

§ 15. Impairment of capital; Auditor shall 
cancel authority to do business un- 
til the capital has been made good; 
notice to company; penalties. 

§ 16. Companies retiring from business; 
surrender of capital on deposit. 

§ 17. Inquiries by the Auditor: repUes to 
such inquiries by accident compan- 
ies; examinations by the Auditor. 

§ 18. Foreign accident companies; ap- 
pointment of an attorney in this 
State ; service of process. 

§ 19. Companies organized in this State 
doing business in other States; re- 
quirments as to deposits, etc., made 
reciprocal. 

§ 20. Accident life insurance companies 
not organized in this State sljall 
deposit with the Auditor a copy of its 
charter and a statement in form as 
required for the annual statement. 

§ 21. Auditor's fees. 



INSURANCE, ACCIDENT. 169 



An Act to iDcorpomte and to govern Rccklent life insurance 
companies doing business in the state of Illinois. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That any number 
of persons not less than nine (9) may associate and form an 
incorporated company, authorized and empowered to make 
contracts and to issue policies and certificates insuring and pro- 
tecting persons against loss of life or personal injury resulting 
from accident, which policies or certificates shall state on their 
face the agreement with the persons receiving the same, and 
when executed in accordance with the charter and by-laws of 
said company shall be binding upon the same. 

§ 2. The persons proposing to organize shall be designated 
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 statement, which 
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 number of 
trustees or directors, and the manner of electing the same, 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, which shall be at least two hundred thousand 
dollars (|200,000) fully paid, in cash, and such other particu- 
lars as may be necessary to explain and make manifest the ob- 
jects 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 
General for examination, and if found by him to be in accord- 
ance 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 corporators. 

§ 3. When the corporators 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 insurance 
company is proposed to be located, they may then open books 
to receive subscriptions to the capital stock, and shall keep 
such books open until the amount required is fully subscribed, 
and shall proceed to collect in such capital and complete the- 
organization. 

§ 4. Before any accident life insurance company goes into- 
operation under the provisions of this act, at least one hun- 
dred thousand dollars ($100,000) shall be paid in money and 



170 INSURANCE, accid?:nt. 



invested in the stocks of the United States, or of this State, 
or of any city or town of this State, estimated at their market 
value, or in such other stocks and securities as may be ap- 
proved by the Auditor of Public Accounts, or in mortgages 
being first liens on real estate in this State, the said real estate 
being worth at least twice the amount of money loaned thereon, 
with abstract showing good and sufficient title, and the certifi- 
cate of two reputable land owners under oath certifying to the 
value of said property, which shall be deposited with the Audi- 
tor of the State, but such company may collect and receive the 
interest and dividends thereon, and may withdraw such securi- 
ties on depositing with the said Auditor other securities of like 
character and value. 

§ 5. Whenever the corporators shall have fully organized 
such company, and the said company shall have deposited with 
the Auditor the amount of the capital required in section four 
(4), it shall become his duty to furnish the corporators with a 
certificate of deposit which, with the certified copy of said de- 
claration 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 com- 
mence business and issue policies, and the same, or a certified 
copy thereof, shall be evidence in all suits. 

§ 6. The trustees or directors, as the case may be, of any 
company organized under this act, shall have power to make 
^uch by-laws, not inconsistent with the laws of this State, as 
may be deemed necessar}^ 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 successors may have a 
common seal, and may change and alter the 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 Avhen deemed necessary, but 
all real estate acquired thi-ough the collection of debts shall 
not be held longer than five years, unless the company shall 
procure a certificate from the Auditor of Public Accounts that 
the interests of the company will suffer materially by a forced 
sale thereof ; in which, event the sale may be postponed for 
such a period as the Auditor shall direct in such certificate. 

§ 7. Any company organized under the provisions of this 
act shall form a re-insurance reserve, which shall be fifty per 
cent. (50°/q) of the gross premiums of all outstanding policies. 
The stockholders shall be entitled to such annual dividends 
as may be agreed upon from time to time by the directors, 
if the net surplus over the requisite reservation is sufficient 
to pay the same. 



INSURANCE, ACCIDENT. 171 



§ 8. It shall not bft lawful for any company, association, in- 
dividual or individuals organized or doing business under the 
laws of this State or of any other state government, to trans- 
act the business of accident life insurance in this State, or 
to aid in the transaction of the same, unless such company, 
association, individual or individuals has or have conformed 
in such other State or in this State with the same require- 
ments in regard to capital and reserve that are imposed by 
sections four (4) and seven (7) of this act upon companies 
in this State. 

§ 9. Every accident life insurance company incorporated in 
this State, or doing business in this State, shall, on or before 
the first day of March in each year, transmit to the Auditor 
and file in his office a statement of its business standing and 
affairs, in such form as shall be prescribed by the Auditor of 
Public Accounts, adapted to the business done by such com- 
pany, signed and sworn to b}' the president or vice-president 
and secretary, and made out for the year ending on the pre- 
ceding thirty-first (31st) da}^ of December. 

§ 10. The form for annual statements accident life insur- 
ance companies shall be such as shall show: 

First — Name of the company. 

Second — When chartered. 

Third — For what period. 

Fourth — Where located. 

Fifth — State in full the assets of the company. 

Sixth — Number of shares owned in any bank; state par value, 
cost and the market value pev share. 

Seventh — Number of shares owned in any railroad, stating the 
corporate name of each and the amount invested in each, at 
cost, on its books; state the par value and the market value of 
each share. 

Eighth — Amount owned in railroad bonds; state par value, 
cost and market value per share. 

Ninth — Amount invested in real estate, at cost, on the books 
of the company. 

Tenth — Amount loaned on mortgages of real estate, and esti- 
mated value of said real estate. 

Eleventh — Amount loaned on notes secured by collaterals of 
personal property. 

Twelfth — State in full all other investments. 

Thirteenth — How much included in the foregoing statements of 
assets consists of premium notes on policies not returned as now 
in force. 



172 INvSURANCE, ACCIDENT, 



Fourteenth — Number, date, kind, and amount of each out- 
standing pohc}^, and age of the insured, excepting such policies 
as are subject to a valuation by the proper officer in some other 
State, which will be shown by certificate from the insurance de- 
partment of such State. 

Fifteenth — Number and amount of each class or kind of policies 
which have within the j^ear ceased to be in force; how termi- 
nated; what has been paid to the legal holders of policies. 

Sixteenth — Amount of losses ascertained and unpaid. 

Seventeenth — Amount of losses claimed against the company ; 
whether acknowledged as due or not by the company. 

Eighteenth — Amount due from the company on its declared, 
promised, or acknowledged indebtedness, or other claims, includ- 
ing dividends, bonuses on distribution of surplus, or as profits. 

Nineteenth — Amount received for premiums the past year. 

Twentieth — Amount received for premiums in cash. 

Twent,y -first — Amount received for premiums in promissory 
notes or securities. 

Twenty-second — Amount received for interest the past year. 

Twenty-third — Amount paid for interest the past year. 

Twenty -fourth — Amount of guaranty funds, and state par- 
ticularly Avhether the same are in cash or subscription notes. 

Twentj^-fifth — How are dividends, distribution of surplus 
funds, bonuses or estimated profits paid? Whether in cash, 
scrip, or otherwise on credit, and whether on demand; or, if on 
credit, for what length of time, and whether payable at a 
specific rate, or indefinitely, at the discretion of the company. 

Twenty-sixth — Amount paid for the expenses, taxes, and com- 
missions the past 3'ear, classified. 

§ 11. No person shall act as agent for anY accident life in- 
surance company oi' association incorporated by or organized 
under the laws of any other State of the United States, or any 
foreign country, directly or indirectly, taking risks or trans- 
acting the business of accident life insur-ance in this State, with- 
out procuring from the Auditor of the State a certificate of 
authoi'ity, stating that such company or association has com- 
plied with all the laws of this State relating to such companies 
or associations, which certificates shall continue in force until 
the first day of March next after their issue, unless revoked for 
cause. 

§ 12. Whoever solicits any insurance on behalf of any acci- 
dent life insurance company, association, individual or indivi- 
duals, not having complied with all the provisions of this act, 
shall be subject to all the duties, requisitions, liabilities and 
penalties set forth in the provisions of this act i elating to acci- 
dent life insurance companies not incorporated by the Legisla- 
ture of this State. 



IXSURAXCE, ACCIDENT. 173 



§ 13. Any company, association, individual or individuals 
making insurance in violation of the laws of this State regu- 
lating accident life insurance companies, or any person acting 
as agent for any such company, association, individual or in- 
dividuals, shall forfeit for each offense a sum not exceeding one 
thousand dollars (|1,000). 

§ 14. It shall not be lawful for any company, association, 
individual or individuals to transact the business of accident 
life insurance in this State, nor shall any person act as agent 
for such company, association, individual or individuals unless 
such company, association, individual or individuals shall have 
complied with all the provisions of this act, and shall have 
obtained the license now required by the act entitled "An act 
for the better regulation of the business of insurance," ap- 
proved June 4, 1879, in force July 1, 1879. 

§ 15. Whenever the capital of any company, association, cor- 
poration, individual or individuals authorized to do business 
nuder this act shall become impaired to the extent of twenty- 
five per cent. (25 per cent.) of the same or shall oth' rwise be- 
come unsafe, it shall be the 'duty of the Auditor of the State 
to cancel the authority of such compan.y, association, corpora- 
tion, individual or individuals to do business; and the Auditor 
shall give notice to such company, association, corporation, 
individual or individuals to discontinue issuing new policies 
within the commonwealth until such capital stock has been 
made good. Any officer or agent who issues a new policy on 
behalf of such company, after such notice shall for each offense, 
forfeit a sum not exceeding one thousand dollars (f 1,000). 

§ 16. If such company shall at any time cause all of its un- 
expired policies to be paid, cancelled or re-insured, and all its 
liabilities under such policies thereby to be extinguished, or to 
be assumed by some other responsible compan}^ authorized to 
do business in this State, the Auditor shall, on application of 
such company, verified by the oath of its president or secretary, 
and on being satisfied by an examination of its books and of 
its officers, under oath, that all of its policies are so paid, can- 
celled, extinguished, or re-insured, deliver up to it such security. 

§ 17. The Auditor is hereby authorized and empowered to 
address any inquiries to any accident life insurance company, 
or to the secretary thereof in relation to its doings or condi- 
tions, or any other matter connected with its transactions, and 
it shall be the duty of any such compan}" so addressed to reply 
promptly in writing to any such inquiries; and all such com- 
panies not incorporated under the law of this State failing to 
answer all such inquiries shall not be authorized to transact 
any business in this State, and their certificates of authority 
mav be revoked and cancelled. It shall be the dutv of the 



174 INSURANCE, ACCIDENT. 



Auditor to make or cause to be made an examination of the 
condition and affairs of any accident life insurance company 
doing business in this State, whenever he shall deem it expe- 
dient to do so; and also, whenever he shall have good reason 
to suspect the correctness of any annu ah statement, or that the 
affairs of any company making such statements are in an un- 
sound condition. 

§ 18. Every accident life insurance company not organized 
in this State, before doing business in this State, shall, in 
writing, appoint an attorney, resident in this State, upon whom 
all lawful process against the company may be served with 
like effect as if the company existed in this State; and said 
writing or power of attorney shall stipulate and agree on the 
part of the company making the same, that any lawful process 
against said company which Avas served on said attorney shall 
be of the same legal force and validity as if served on said com- 
pany. The copy of the writing, duly certified and authenti- 
cated shall be iiled in the office of the Auditor, and copies cer- 
tified by him shall be sufficient evidence. This agency shall be 
continued while an}' liability remains outstanding against the 
company in this State, and the power shall not be revoked 
until the same power is given to another, and a like copy filed 
as aforesaid. Service upon said attorney shall be deemed sufii- 
cient service u]3on the company. 

§ 19. AVhenever the existing or future laws of any other State 
of the United States shall require of accident life insurance com- 
panies incorporated by or organized under the laws of this 
State, and having agencies in such other State, or of the agents 
thereof, any deposit of securities in such State for the protec- 
tion of policy-holders or otherwise, oi- any payment of taxes, 
fines, penalties, certificate of authority, license fee, or otherwise, 
greater than the amount required for such purposes from simi- 
lar companies of other States by the then existing laws of this 
State, then, and in every such case, all accident life insurance 
companies of such States establishing, or having heretofore es- 
tablished an agency or agencies in this State, shall be and are 
hereby required to make the same deposit for a like purpose 
with the State Treasurer of this State, and to pay to the Audi- 
tor for taxes, fines, penalties, cei-tificates of authority, license 
fees, or any other obhgation, an amount equal to the amount 
of such charges and payments imposed by the laws of such 
other States upon the companies of this State and the agents 
thereof. 

§ 20. Every accident life insurance company not organized 
under the laws of this vState shall, before doing business in this 
State, deposit with the Auditor a certified copy of the charter 
of the company, and a statement signed and sworn to by the 



INSURANCE, FIRE. 



175 



president or vice-president and secretary in the forhi prescribed 
or authorized for the annual statement adapted to the business 
done by such company. 

§ 21. For iihng certified copies of charter as required by this 
act the Auditor shall be paid thirty dollars (f 30) ; for,;flling^ 
the annual statement, ten dollars ($10) ; for each agent's cer- 
tificate of authority, two dollars (f2); for every copy I of a 
paper filed in the Auditor's office, twenty cents (20) per foho; 
and for affixing the seal of said office to such cop,y, certifjdug* 
the same, one dollar (f 1) ; for the examination required by sec- 
tion seventeen (17), and for the examination of the affairs of 
au}' company, when deemed necessary, the expense incurred 
therein shall be paid to the said Auditor by the company. 

Approved June 7, 1889. 



INSUKANCE, FIRE. 



INCORPORATION OF COMPANIES. 



§ 1. Amends sections 6, 10, 12, 13, 21, 22 
and 23 [and adds a new section 
"30a"'] of the act of I860. 

Sec. 6. Joint stock companies mn-t have 
a capital of S^IOO.OOO paid in; muiual 
companies must have not less than 
1200,000 insurance in not less than 100 
risks subscribed and the premiums 
paid for one year aggregating SIO,- 
000; annual premiums in mutual 
companies must be paid in advance 
and pro rata premium^ for a longer 
lerm; contingent mutual liabiUty. 

Sec. 10. Amended by inserting the words 
"or sub-criptioii" after "premium 
note." 

Sec. 12. Amended by inserting the words 
"or mutual" after the woid "par- 
ticipa'.ing" and before the w<rd 
"companies," and providing for re- 
serve funds for mutual companies. 

Sec. 13. Rights and liabiUties of members 
of mutual companies; impairment 
of capital; assessment to make good 
the capital; liability for assessments. 

Se3. 21. Annual statement to the Auditor; 
items of statement enumerated ; 
classification of risks by the Auditor ; 
Auditor may make inquiries as to 



the condition of companies; state- 
ment of capital composed. of notes; 
failure to make reports; penalties: 
Auditor shall furnish blank forms 
for statements. 

Sec. 22. Amended by reciuiring foreign 
mutual companies doing business 
in this State, except as allowed in 
section 13 of the act, unless its sur- 
plus capital eciuals the capital stock 
of stock companies; also by insert- 
ing the words in third paragraph 
next to last hue thereof "or if a 
mutual company whose reinsurance 
reserve as reauu-ed in section 13 of 
this act." 

Sec. 23. Amended by inserting in the 
second paragraph 'in the fifth line 
the words "or if a mutual company 
the members thereof" after the 
word "stockholders" and before the 
Avord "to." 

Sec. 30a. Authorizing companies now do- 
ing business to avail themselves of 
the privileges of th's act. 



176 INSURANCE, FIRE. 



An Act to amend sections 6, 10, 12, 13, 21, 22 and 23 of an 
act entitled "An act to incorporate and to govern Fire, 
Marine and Inland Navigation Insurance Companies doing 
business in the State of Illinois," approved March 11, 1869, 
in force July 1, 1869. 

Section 1. Be it enacted bj the People of the State of Illi- 
nois, represented in the General Assembly: Tliat sections 6, 
10, 12, 13, 21, 22 and 23 be amended so as to read as fol- 
lows: 

Section 6. No joint stock company shall be incorporated 
under this act with a smaller capital than one hundred thou- 
sand dollars ($100,000) actually paid in in cash. 

Nor shall any company formed under this act for the pur- 
pose of doing- the business of fire or inland navigation insurance 
on the plan of mutual insurance commence business until not 
less than two hundred thousand dollars ($200,000) of insurance 
in not less than one hundred separate risks, no one of which for 
the purposes of organization shall exceed five thousand dollars 
(|5,000) or be less than five hundred dollars ($500), shall have 
been subscribed and the premium thereon for one year paid in 
cash, aggregating not less than ten thousand dollars ($10,000) 
in cash, each subscriber agreeing in writing to assume a liability 
to be named in the policy subject to call by the board of di- 
rectors. 

Mutual fire insurance companies hereafter organized under this 
act shall charge and collect in advance upon their policies a full 
annual premium in cash on all policies written for one year and 
pro rata of an annual premium upon all policies written for a 
longer or shorter period, but such policies shall not compel any 
member or policyholder to renew an^^ policy nor pay a second 
or further annual or term premium. Any such company must 
in its by-laws and in its policies fix by a uniform rule the con- 
tingent mutual liability" of its members for the payment of 
losses and expenses, and such contingent liability shall not be 
less than three nor more than five times the cash premium as 
written in the pohcy; such liability shall cease with the expira- 
tion of the time for which a cash premium has been paid in ad- 
vance except for liability incurred during said time; and it shall 
not be lawful for any such compai\y to issue any other kind of 
policy, but this section shall not be construed to prohibit com- 
panies from taking deposit notes to the amount of the con- 
tingent liability named in their policies and by-laws. 

Section 10. The charter and proof of publication herein re- 
quired to be filed by every such compan}^, shall be examined by 
the Attorney General and if found conformable to this act, and 
not inconsistent with the constitution or laws of this State, 
shall be certified hV him to the Auditor of Public Accounts, who 



INSURANCE, FIRE. 717 



shall thereupon cause an examination to be made, either by 
himself or by three disinterested persons, especially appointed by 
him for that purpose, who shall certify under oath, that the 
capital herein required of the company named in the charter, 
according to the nature of the business proposed to be trans- 
acted by such company, has been paid in, and is possessed by 
it in money, or in such stocks and bonds and mortgages as are 
required by the eighth section of this act, or if a mutual com- 
pany, that it has received and is in actual possession of the 
capital, premiums or honsj fide engagements of insurance or 
other securities, as the case may be, to the full extent and of 
the value required by the sixth section of this act; and the name 
and residence of the maker of each premium note or subscrip- 
tion forming part of the capital, and the amount of such note 
or subscription shall be returned to the said Auditor; and the 
corporators and officers of such company shall be required to 
certify, under oath, that the capital exhibited to those persons 
is bona, fide propert}^ of the company. Such certificate shaJl be 
filed in the office of the said Auditor, who shall thereupon deliver 
to such company" a certified copy of the charter and of said cer- 
tificates, wdiich, on being filed in the office of the clerk of 
the county where the company is to be located, shall be 
their authority to commence business and issue policies; and 
such certified copy of the charter and of said certificates may 
be used in evidence for or against said compan}^, with the same 
effect with the originals, and shall be conclusive evidence of the 
fact of the organization of such company. 

Section 12. It shall not be lawful for the directors, trustees 
or managers of au}^ such insurance company to make any divi- 
dend, except from the surplus profits arising from their business; 
and in estimating such profits, there shall be reserved therefrom 
a sum equal to the whole amount of unearned premiums on 
unexpirecl risks and policies; and also, there shall be reserved 
all sums due the corporation on bonds and mortgages, stocks 
and book accounts of which no part of the principal or the in- 
terest thereon has been paid during the last year, and for 
which foreclosure or suit has not been commenced for collection, 
or which, after judgment obtained thereon, shall remain more 
than two j^ears unsatisfied, and on which interest shall not 
have been paid; and also, there shall be reserved all interest 
due or accrued and remaining unpaid: Provided, always, that 
any company may declare dividends not exceeding ten per cent. 
on its capital stock in any one year that shall have accumu- 
lated and be in possession of a fund, in addition to the amount 
of its capital stock — x\.nd of such dividend, and all actual out- 
standing liabilities, equal to one-half of the amount of all 
premiums or risks not terminated at the time of making such 
dividend. Any dividend made contrary these provisions, slialll 



—12 



178 INSURANCE, FIRE. 



subject the comi^any making the same to a forfeiture of its 
charter, aud each stockholder receiving it, to a HabiHty to the 
creditors of such company to the extent of the dividend re- 
ceived, in addition to the other penalties and punishments in 
such case made and provided. This section shall not apply to 
the declaration of scrip dividends by participating, or mutual, 
companies; but no such scrip dividends shall be paid except 
from surplus profits, after reserving all sums as above pro- 
vided, including the whole amount of premiums on unexpired 
risks. The word "year," wherever used in this section, shall be 
construed to mean the calendar year, and the profits of a 
mutual insurance company are that portion of its cash funds 
not required for the payment of losses and expenses nor set 
apart for reinsurance reserve or any other purposes required 
by law. Any such company may, in its by-laws, provide for 
the accumulation of a permanent fund by reserving a portion 
of the net profits to be invested and become a reserve for the 
security of the insured; such reservation shall not in any one 
year exceed twenty-five per cent, of the net profits of that year, 
and when the sum so accumulated amounts to two pei' cent, of 
the sum insured by all policies in force, the whole of the net 
profits thereafter shall be divided among the insured upon the 
expiration of their policies. The fund so accumulated shall be 
used for the payment of losses and expenses, whenever the cash 
funds of the company in excess of the amount equal to its 
liabilities are exhausted, and whenever the said funds is drawn 
upon, the reservation of profits as aforesaid shall be renewed 
or continued until the limit of accumulation as herein provided 
is reached. 

Section 13. Every person who effects insurance in a mutual 
company, his heirs, executors, administrators and assigns con- 
tinuing to be insured shall thereby become members of the com- 
pany during the period of insurance, and shall be bound to pay 
for losses and any such necessary expenses as may accrue in 
and to the company in proportion to the original amount of 
his deposit note or contingent liability, and the board of 
directors shall, as often as they deem necessary, settle aad de- 
termine the sum to be paid by the several members thereof, 
and publish the same in such manner as they may choose, or as the 
by-laws prescribe, and the sum to be paid by each member shall 
always be in proportion to the amount of such contingent liability, 
and shall be paid to the officers of the company within thirty days 
next after the publication of such notice: Pi'oricZef/, that when- 
ever such company is not possessed of cash funds above its 
reinsurance reserve sufficient for the payment of incurred losses 
and expenses, it shall be deemed to have impaired its capital; 
and when such impairment shall exceed twenty-five per cent, of 
the reinsurance reserve required to be maintained, it shall make 



INSURANCE, FIRE. 179 



an assessment for the amount needed to pay snch losses and 
expense, and make good the reinsurance reserve upon its mem- 
bers liable to assessment therefor in proportion to their several 
liabilities, but no company shall borrow money or create a debt 
unless for the purpose of necessary office building- to continue 
beyond the period when such assessment may be collected and 
applied to the payment thereof; and no member shall be assessed 
for liabilities incurred prior to his membership. If a member 
neglect or refuse, for the space of thirty days after the publica- 
tion of such notice, and after demand for paj^ment, to pay the 
sum assessed upon him as his proportion for any loss as afore- 
said, the directors may sue for and recover the whole amount 
of contingent liability with costs of suit, but execution shall 
only issue for assessments and costs as they accrue, and if the 
whole amount of such liability be insufficient to pay the loss 
occasioned by any fire or fires, the sufferers insured by the 
company shall receive, towards making good their respective 
losses, a proportionate share of the whole amount of such 
liability according to the sums by them respectively insured, 
but no member shall ever be required to pay for any loss 
caused by fire or inland navigation, more than the whole 
amount of such liability. In actions for the recovery of assess- 
ments levied by the directors of an}' fire insurance company in 
this State, or for money due on the liability of any members of 
said company or officers, the statement of the president and 
secretary of said company, under seal and sworn to, shall be 
received in court as evidence of the fact essential for making 
the same, and that such assessment, for the non-payment of 
which said action has been commenced, has been duly levied 
and notice thereof given. 

Section 21. It shall be the duty of the president or vice- 
president and secretary of each company organized under this 
act, or incorporated under any law of this vState, annually, on 
the first day of Januai-y of each year, or within one month 
thereafter, to prepare under their own oath, and deposit in the 
office of the Auditor of Public Accounts, a statement of the 
condition of such company on the thirty-first da}^ of December 
then next preceding, exhibiting the following facts and items 
in the following form, namely: 

First — The amount of the capital stock of the company 
actually paid in. 

Second — The property or assets held by the company, specify- 
ing— 

I. The value, or as nearly as may be, of the real estate held 
by such company. 

II. The ajnount of cash on hand and deposited in the banks 
to the credit of the company, specifying in what banks the 
same are deposited. 



180 INSURANCE, FIRE. 



III. The amount of cash in the hands of agents and in 
course of transmission. 

IV. The amount of loans secured by mortgages and bonds, 
constituting the first hen on real estate, on which there shall be 
less than one year's interest due or owing. 

V. The amount of loans on which interest shall not have 
been paid within one year previous to such statement. 

VI. The amount due the company on which judgments have 
obtained. 

VII. The amount of stocks of this State, of the United States, 
of anj^ incorporated city of this State, and of any other stocks 
owned by the company, specifying the amount, number of shares, 
and par and market value of each kind of stock. 

VIII. The amount of stocks held thereby as collateral security 
for loans, with the amount loaned on each kind of stock, its 
par value and the market value. 

IX. The amount of assessments on stock or premium notes, 
(paid and unpaid) specifying each. 

X. The amount of interest actually due and unpaid. 

XI. The amount of premium notes on hand on which policies 
are issued. 

XII. The amount of installment notes on hand on which poli- 
cies are issued. 

XIII. The amount of contingent liability of members under 
this act not i-epresented by deposit notes. 

Third — The liability of such company, specifying: 

I. The amount of losses due and yet unpaid. 

II. The amount of claims for losses resisted by the company. 

III. The amount of losses incurred during the year, including 
those claimed and not yet due, and including the probable 
amount of those reported to the company, upon which no 
action has been taken. 

IV. The amount of dividends declared and due, and remain- 
ing unpaid. 

V. The amount of dividends, if any, declared, but not yet 
due. 

VI. The amount of money borrowed, and security, if any, 
given for the payment thereof. 

VII. All other existing claims against the company, and also 
the gross amount of outstanding risks, and the gross amount 
of premiums thereon unearned. 

Fourtli — the income of the company during the preceding 
year, specifying: 



INSURANCE, FIRE. 181 



I. The amount of cash premiums received. 

II. The amount of notes received for premiums. 

III. The amount of interest money received. 

IV. The amount of income received from other sources. 
Fifth — The expenditures during the preceding year, specifying: 

I. The amount of losses paid during the 3"ear, stating how 
much of the same accrued prior, and how much subsequent, to 
the date of the preceding statement, and the amount at which 
such losses were estimated in such preceding statement. 

II. The amount of dividends paid during the year. 

III. The amount of expenses paid during the year, including 
commissions and fees to agents and officers of the company. 

IV. The amount paid in taxes, specifying the amount paid in 
this State. 

V. The amount of all other payments and expenditures. 

It shall be the duty of the Auditor to establish a classification 
of risks into any number of classes, not less than four, accord- 
ing to the degree of hazard of such risks; and the Auditor shall 
require said companies, as a part of the aforementioned state- 
ment, to give the number of policies in force covering property 
embraced in each of said classes, and the aggregate amount at 
risk upon property in each class. 

The Auditor of Public Accounts is hereby authorized and em- 
powered to address any inquiries to any insurance company, 
or the secretar}^ thereof, in relation to its doings or condition, 
or any other matter connected with its transactions; and it 
shall be the duty of any company so addressed to promptly re- 
ply, in writing, to any such inquiries. 

The statement of any company, the capital of Avhich is com- 
posed in whole or in part of notes, shall, in addition to the fore- 
going, exhibit the amount of notes originally forming the capi- 
tal, and also what proportion of said notes is still held by such 
companj^ and considered capital. The statements herein pi'O- 
vided for shall be in lieu of any and all statements now required 
by any existing law; and the several provisions of the acts ap- 
proved February 14, 1855, and January 22, 1857, are hereby 
repealed. 

Every insurance comj)any organized under any law of this 
State, failing to make and deposit such statements, or to reply 
to any inquiry of the said Auditor, shall be subject to the penalty 
of five hundred dollars (fSOO), and an additional five hundred 
dollars (f500) for every month that such company shall con- 
tinue thereafter to transact any business of insurance. 

It shall be the duty of the Auditor of Public Accounts to 
cause to be prepared and furnished to each of»the companies, 



182 INSURANCE, FIRE. 



and to the attorneys of companies incorporated by other States 
and foreign governments, printed forms of the statements re- 
quired by this act; and he may, from time to time, make such 
■clianges in the form of such statements as shall seem to him 
best adapted to ehcit from the companies a true exhibit of their 
■condition in respect to the several points hereinbefore mentioned. 
It shall be the duty of the Auditor of Public Accounts to cause 
the information contained in the statements required by this 
section, to be arranged in a tabular form and printed in his 
biennial report. 

Section 22. It shall not be lawful for any insurance company, 
association or partnership, incorporated by or organized under 
the laws of any other Stale of the United States, or any foreign 
government, for any of the purposes specified in this act, directly 
or indirectly, to take risks or transact any business of insurance- 
in this State, unless possessed of the amount of actual capital 
required of similar companies formed under the provisions of 
this act; nor shall it be lawful for any mutual insurance com- 
pany of any other State to transact any kind of business 
within this State other than that prescribed by section 13 of 
this act, unless said company is possessed of an amount of cash 
assets over and above all liabilities, including reinsurance re- 
serve, equal to the amount of capital stock required of stock 
companies; and any such company desiring to transact any 
such business as aforesaid, by any agent or agents in this 
State, shall first appoint an attorney in this State, on 
whom process of law can be served, and file in the office of 
the Auditor of Public Accounts a w^ritten instrument, duly s^igned 
and sealed, certifying such appointment, which shall continue 
until another attorney be substituted; and any process issued 
by any court of record in this State, and served upon such at- 
torney by the proper officer of the county in which such attor- 
ney may reside or may be found, shall be deemed a sufficient 
service of process upon such company: but service of process 
upon such company may also be made in am^ other manner pro- 
vided by law. 

In case any insurance company not incorporated in this State 
shall cease to transact business in this State, according to the 
laws thereof, the agents last designated, or acting as such for 
such corporation, sliall be deemed to continue agents for such 
corporation for the purpose of serving process for commencing 
action upon any policy or liability issued or contracted while 
such corporation transacted business in this State, and service 
of such process for the causes aforesaid upon any such agent, 
shall be deemed a valid personal service upon such corpora- 
tion. 

And every such company, association or partnership, shall 
also file a certified copy of their charter or deed of settlement, 



INSURANCE, FIRE. 183 



together with a statement, under the oath of the president or 
vice-president, or other chief officer, and secretary of the com- 
pany for which he or they may act, stating the name of the 
company and place where located, the amount of its capital, 
with a detailed statement of its assets, showing the amount of 
cash on hand, in bank or in the hands of agents; the amount 
of real estate and how much the same is encumbered by mort- 
gage; the number of shares of stock of every kind owned by the 
company; the par and market value of the same; amount loaned 
on bond and mortgage; the amount loaned on other security, 
stating the kind and the amount loaned on each, and the estimated 
value of the whole amount of such securities; any other assets 
or property of the company; also stating the indebtedness of 
the company; the amount of losses adjusted and unpaid; the 
amount incurred and in process of adjustment; the amount re- 
sisted by the company as illegal and fraudulent, and all other 
claims existing against the compam" also a cop,y of the last 
annual report, if any, made under any law of the State by which 
such company was incorporated; and no agent shall be allowed 
to transact business for any such company whose capital (or, if 
a mutual company, whose reinsurance reserve as required in 
section 13 of this act) is impaired to the extent of twenty per 
cent, thereof, while such deficiency shall continue. 

And any company incorporated by or organized under any 
foreign government shall, in addition to the foregoing, deposit 
with the Auditor of Public Accounts, for the benefit and security 
of policy holders residing in the United States, a sum not less 
than two hundred thousand dollars (1200,000), in stocks of 
the United States, or of the State of Illinois, in all cases to be 
equal to a stock producing six percent, per annum — said stocks 
not to be received by said Auditor at a rate above their par value, 
or above their current market value — or in bonds a^nd mort- 
gages on improved unincumbered real estate in the State of 
Illinois, worth fifty per cent, more than the amount loaned 
thereon. 

The stocks and securities so deposited may be exchanged, 
from time to time, for other securities, receivable as aforesaid. 

And so long as the company so depositing shall continue 
solvent, and comply with the laws of this State, such company 
or association may be permitted by the said Auditor to collect 
the interest or dividends on said dej^osits; and where a deposit 
is made of bonds and mortgages, accompanied by full abstracts 
of title and searches, the fees for an examination of title b}^ 
counsel, to be paid by the party making the deposit, shall not 
exceed twenty dollars for each mortgage, and the fee for an 
appraisal of propert,y shairbe five dollars to each appraiser, 
not exceeding two, besides expenses for each mortgage. 



184 INSURANCE, FIRE. 



Nor shall it be lawful for any agent or agents to act for 
any company or companies referred to in this section, directly 
or indirectly, in taking risks or transacting the business of fire 
or inland navigation insurance in this State, without procuring 
from the Auditor of Public Accounts a certificate of authority, 
stating that such company has complied Avith all the requisi- 
tions of this act which apply to such companies, and the name of 
attorney appointed to act for the company. 

The statement and evidences of investments required by this 
section shall be renewed from year to year, in such manner and 
form as may be required by said Auditor, with an additional 
statement of the amount of premiums received and losses incurred 
in this State during the preceding year, so long as such agency 
continues; and the said Auditor, on being satisfied that the capi- 
tal, securities and investments remain secure, as hereinbefore pro- 
vided, shall furnish a renewal of the certificate, as aforesaid. 

Any violation of ajuy of the provisions of this act shall subject 
the party violating the same to a penalt}^ of five hundred dollars 
($500.00) for each violation, and of the additional sum of one 
hundred dollars ($100.00) for each month during which any such 
agent shall neglect to file such affidavits and statements as are 
herein required. 

Every agent of any insurance company shall, in all advertise- 
ments of such agency, publish the location of the company, giv- 
ing the name of the city, town or village in which the company is 
located, and the State or government under the laws of which it 
is organized. The term ''agent'" or ''agents"" used in this section 
shall include an acknowledged agent, surveyor, broker, or any 
other person or persons who shall in any manner aid in tran- 
sacting the insurance business of au}^ insurance company not in- 
corporated by the laws of this State. 

The provisions of this section shall apply to all foreign com- 
panies, partnership associations and individuals whether incor- 
porated or not. All insurance companies, associations or part- 
nerships incorporated by or organized under the laws of any 
other State of the United States, or any foreign government, 
transacting the business of fire or marine insurance, or any 
other kind of insurance, in this State, shall make annual state- 
ments of their condition and affairs to the Auditor"s office, in 
the same manner and in the same form as similar companies 
organized under the laws this State. 

In case of neglect or refusal to make such annual statement 
as aioresaid, all persons acting in this State as agents or other- 
wise, in transacting the business of insurance for said com- 
panies, corporations, associations, partnerships or individuals, 
shall be subject to the same penalties provided by law in case 



INSURANCE, FIRE. 185 



of the failure of any insurance company organized under the 
laws of this State to make an annual statement, as provided 
in this act. 

Foreign insurance companies shall be required to make and 
file their annual statements and evidences on the first day of 
January in each year, or within thirty days thereafter, made 
out for the year ending on the preceding 30th of September. 
The supplementary annual statements of their business and af- 
fairs in the United States, dul}" verified by the resident manager 
of such company, shall be filed in the month of January in each 
3"ear, made out for the 3'ear ending the 31st day of December, 
immediately preceding. 

Section 23. It shall be the duty of the Auditor of Public Ac- 
counts, whenever he shall deem it expedient so to do, in person 
or by one or more persons to be appointed by him for that pur- 
pose, not officers or agents of, or in any manner interested in, 
any insurance company' doing business in this State, except as 
policyholders, to examine into the affairs of any insurance com- 
pany incorporated in this State, or doing business by its agents 
in this State; and it shall be the duty of the officers or agents 
of any such company, doing business in this State, to cause 
their books to be opened for the inspection of the Auditor or 
the person or persons so appointed, and otherwise to facilitate 
such examinations, so far as it may be in their power to do, 
and to pay all reasonable expenses incurred therein; and for 
that purpose, the said Auditor or person or persons so ap- 
pointed by him, shall have the power to examine, under oath, 
the officers and agents of any company, relative to the busi- 
ness of said company; and whenever the said Auditor shall deem 
it for the best interests of the public so to do, he shall publish 
the result of said investigation in one or more papers in this 
State. 

And w'henever it shall appear to the said Auditor, from such ex- 
amination, that the assets of any company incorporated in this 
State are insufficient to justify the continuance in business of any 
such compan}^, he may direct the officers thereof to require the 
stockholders (or if a mutual company the members thereof) to 
pay in the amount of such deficiencj^, within such period as he 
may designate in such requisition; or he shall communicate the 
fact to the Attorney General, whose duty it shall then become 
to apply to the circuit court of the county in ^\"hich the princi- 
pal office of said company shall be located, for an order re- 
quiring them to shoW' cause why the business of such company 
should not be closed; and the court shall thereupon proceed to 
hear the allegations and proofs of the respective parties; and in 
case it shall appear to the satisfaction of said court that the 
assets and funds of said company are not sufficient, as afore- 
said, or that the interests of the public so require, the said court 



186 INSURANCE, FIRE. 



shall decree a dissolution of said company, and a distribution 
of its effects. The said circuit court shall have power to refer 
the application of the Attorney General to a master in chancery, 
to inquire into and report upon the facts stated therein. Any 
compan}^ receiving the aforesaid requisition from the said Au- 
ditor, shall forthwith call upon its stockholders for such amounts 
as will make its capital equal to the amount fixed by the charter 
of said company; and in case any stockholder of such company 
shall refuse or negiect to pay the amount so called for, after notice 
personally given, or by advertisement, in such time and man- 
ner as the said Auditor shall approve, it shall be lawful for the 
said company to require the return of the original certificate of 
stock held by such stockholder, and, in lieu thereof, to issue 
new certificates for such number of shares as the said stock- 
holder ma}^ be entitled to, in the proportion that the ascer- 
tained value of the funds of the said company may be found to 
bear to the original capital of the said company — the value of 
such shares, for which new certificates shall be issued, to be 
ascertained under the direction of the said Auditor, and the 
company paying for the fractional parts of shares; and it shall 
be lawful for the directors of such company to create new stock, 
and dispose of the same, and to issue new certificates therefor, 
to an amount sufficient to make up the original capital of the 
company. 

And it is hereby declared that, in the event of any additional 
losses accruing upon new risks taken after the expiration of the 
period limited b3' the said Auditor, in the aforesaid requisition 
for the filling up of the deficiency in the capital of such com- 
pany, and before said deficiency shall have been made up, the di- 
rectors shall be individually liable to the extent thereof. 

And if, upon such examination, it shall appear to the said 
Auditor that the assets of any company chartered on the plan 
of mutual insurance, under this act, are insufficient to justifj^ the 
continuance of such company in business, it shall be his duty 
to proceed in relation to such company in the same manner as 
is herein required in regard to joint stock companies; and the 
trustees or directors of such company are hereby made person- 
ally liable for any losses which may be sustained upon risks 
taken after the expiration of the period limited by said Auditor 
for filling up the deficiency in the capital, and before such de- 
ficiency shall have been made up. 

Any transfer of the stock of any company organized under 
this act, made during the pending of any such investigation, 
shall not release the party making the transfer from his lia- 
bility for losses which may have accrued previous to the transfer. 

And whenever it shall appear to the said Auditor, from the 
report of the person or persons appointed by him, that the 
affairs of smj company not incorporated by the laws of this 



INSURANCE, FIRE. 187 



State are in an unsound condition, lie shall revoke the certifi- 
cates granted in behalf of such company, and shall cause a 
notification thereof to be published in a newspaper of general 
circulation, published in the city of Springfield, and mail a copy 
thereof to each agent of the company; and the agent or agents 
of such company, after such notice, shall be required to discon- 
tinue the issuing of any new policy, and the renewal of any pre- 
viously issued . 

Section 30a. Companies . organized under the laws of this 
State and actually doing business at the time of the passage of 
this amendment, may avail themselves of the provisions of this 
act as amended, hy depositing with the Auditor of Public Ac- 
counts a resolution adopted by their board of directors and cer- 
tified to under oath by the president and secretary of such 
company, and not otherwise, and any such company shall there- 
after be subject to all of the provisions of this act. 

Approved June 6, 1889. 



TOWNSHIP COMPANIES. 

§ 1. Amends section 1, act of 1874, by changing the word "six," to "twelve." 

An Act to amend section one of an act entitled ''An act to re- 
vise the law in relation to township insurance companies," ap- 
proved March 24, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State ot Illi- 
nois, represented in the General Assembly: That section one 
of an act entitled "An act to revise the law in relation to tow^n- 
ship insurance companies," approved March 24, 1874, and in 
force July 1, 1874, be and the same is hereb}" amended to read 
as follows: 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the. General Assembly: That any number 
of persons, not less than twenty-five, residing in any congres- 
sional or political township, or in one or more adjoining con- 
gressional or political townships in this vState, not exceeding 
twelve in number, and without regard to county lines, who col- 
lectively shall own property of not less than fifty thousand 
dollars (|50,000) in value, which they desire to have insured, 
may form an incorporated company for the purpose of mutual 
insurance against loss or dama^ie by fire or lightning. 

Approved June 1, 1889. 



188 INSUEANCE, FIRE. 



TOWNSHIP COMPANIES. 

§ 1. Amends section 18, act of 1874, by authorizing the extension of corporate existence 
and prescribing the proceedings necessary to accomplish such purpose; rights re- 
served to the State; dissolution of companies. 

An Act to amend section eighteen (18) of an act entitled '■^An 
act to revise the law in relation to township insurance com- 
panies,'" approved March 24, 1871. 

Section 1. Be it enacted bj the People of the State of Illi- 
nois, represented in the General Assembly: That section eighteen 
of the act of the General Assembly of the State of Illinois, 
entitled "An act to revise the law in relation to township insur- 
ance companies," approved March 24, 1874, be and the same 
is hereby amended so as to read as follows : 

Section 18. Whenever any township insurance company, in- 
corporated under the laws of this State, shall, at any time 
within five years previous to the termination of its charter, 
decide, by a majority of two-thirds of its directors to extend 
the period of its corporate existence, or to otherwise amend its 
charter, the president and secretary of such company shall cause 
to be filed with the Auditor of Public Accounts a statement 
under the seal of said company, and by them duly attested, 
stating the fact of the decision of such company to so extend 
the period of its corporate existence, or to amend its charter, 
or both, stating particularl}^ the time of such extension and the 
nature of such amendments, and if it is found conformable to 
the provisions of this act, and not inconsistent with the laws 
and constitution of this State, the Auditor shall issue an 
amended charter in accordance with the vote of the directors 
of such company, and deliver a certified copy thereof to the 
said company, and upon the same being filed in the office of 
the clerk of the county in which the principal office of such com- 
pany is located by such company, the period of its corporate 
existence shall be so extended, and it shall be authorized to 
transact any and all business contemplated by such amend- 
ments: Provided, however, that such company and its charter, 
when so amended, shall, at all times, be subject to control and 
modification by the General Assembly and to all laws of this 
State applicable thereto; and all companies organized under 
this act may be proceeded against and dissolved in the same 
manner and upon the same conditions, as provided in case of 
other insurance companies incorporated under the laws of this 
State. 

Approved June 4, 1889. 



INSURANCE, LIVE STOCK. 189 



INSURANCE, LIVE STOCK. 



MUTUAL LITE STOCK COMPANIES. 

§ 1. Amends section 3 of the act of 1887 by fixing ttie number of directors at nine; 
changes the annual meeting from January to February ; fixes the term of office of 
directors at three years. 
Amends section 12 by adding the proviso. 

An Act to amend sections three (3) and twelve {12) of an act 
entitled ^' An act to organize Farmers' County Mutual Live 
Stock Insurance Companies,'' ' approved June 16, 1887, in force 
July 1, 1887. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That sections 
three (3) and twelve (12) of an act entitled "An act to organize 
Farmers' Mutual Live vStoek Insurance Companies," approved 
June 16, 1887, in force Julv 1, 1887, be amended so as to read 
as follows: 

Section 3. The number of directors shall be nine (9), to be 
elected from the incorporators, hj ballot. In the election of 
the first board of directors each corporator shall be entitled to 
one vote for each director. All subsequent elections, except to 
fill vacancies, shall be held at the annual meeting" of the com- 
pany, which shall be held on the first Tuesday after the first 
Monday of February 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, dis- 
tributing them among the same or a less number of candidates 
than the number of directors to be elected, or accumulating 
them upon one candidate as he shall think fit. The directors 
shall be elected for three years, and shall hold theii' offices until 
their successors are elected and qualified: Provided, that at the 
first annual election three directors shall be elected for one year, 
three for two years, and three for three years. 

Section 12. Whenever the amount of any loss shall have been 
ascertained, which exceeds in amount the cash fund of the com- 
pany, 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 : Pro vided, that if no quorum be present the 
secretary shall enter the fact upon his journal, and the names 
of the directors present, whereupon the president, secretary and 



190 



INSURANCE, TORNADO. 



treasurer shall proceed to estimate the rate per cent, necessary 
to cover the loss and expense thereby incurred, and assess the 
same upon all the insured property of the several members of 
the said company, which assessment shall be valid and shall be 
collected in the same way as though it had been . made hj the 
board of directors. 

Approved June 3, 1889. 



INSUKANCE, TORNADO. 



COUNTY MUTUAL TORNADO COMPANIES. 



§ 1, Incorporation of companies. 

§ 2. Statement and copy of charters shall 
be filed with the Auditor; Auditor's 
certificate; rights reserved to the 
State. 

§ 3. Directors; annual meetings of the 
company. 

§ 4. Officers of the company; term of 
office. 

§ 5. Secretary and treasurer shall give 
bonds. 

§ 6. Corporate powers. 

§ 7. Membership; non-residents of the 
county not eligible to the office of 
director. 

§ 8. Class of property which may be 
insured; limitation of risks; secm-ity 
for expenses and payment of losses. 

§ 9. Risks must be confined to the county 
in which the comnany is organized: 
property in cities oi over 12,000 
population prohibited. 



§ 10. Losses; notice of loss to the presi- 
dent; adjustment of losses; com- 
mittees of reference in case of fail- 
m-e to agree upon the amount of 
the loss; compensation of said com- 
mittee. 

§ 11. Assessments to pay losses. 

§ 12. Notice of assessments; when pay- 
able. 

§ 13. Liability of members on assess- 
ments; habiUty of companies for 
losses; recovery at law. 

§ 14. Annual statement by the secretary. 

§ 15. Withdrawal of members; cancella- 
tion of policies. 

§ 16. Reports to the Auditor ; examination 
and certificate; tees for incorpora- 
tion and examinations. 

§ 10. Dissolution of companies. 



INSURANCE, TORNADO. 191 



An Act to authorize the org-anization and to regulate county 
mutual wind storm insurance companies. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That any number 
of persons not less than twent^^-five, residing in any county in 
this State, who shall collectively own property of not less than 
fifty thousand dollars ($50,000) in value, w^hich they- desire to 
have insured, may form an incorporated company for the 
purpose of mutual insurance against loss or damage b}^ wind 
storms, 

§ 2. Such persons shall file with the Auditor of Public Ac- 
counts a declaration of their intention to form a company for 
the purposes expressed in the preceding section, which declara- 
tion shall be signed by all the corporators and shall contain a 
copy of the charter proposed to be adopted by them. Such 
charter shall set forth the name of the corporation, w^hich shall 
embrace the name of the city, town or village in which the 
business office of the company is to be located, and the intend- 
ed duration of the company, and if it is found conformable 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 cof)y may be used in 
evidence for or against said company with the same effect as 
the original: Provided, that such charter so obtained shall be 
subject to the control of, and modification by the General 
Assembly. 

§ 3. The number of directors shall be not less than nine nor 
more than fifteen, a majority of whom shall constitute a quor- 
um to do business— to be elected by ballot from the corpora- 
tors and hold their offices until their successoi's are elected and 
qualified. In the election of the first board of directors each 
corporator shall be entitled to vote in the manner as herein- 
after designated. All subsequent elections, except to fill vacan- 
cies, shall be held at the annual meeting of the company, 
which shall be on the first Saturday in November in each year, 
and every person insured shall be entitled to cast in person by 
ballot one vote for each one of the number- of directors to be 
elected. 

§ 4. The directors shall elect from their number a president 
and a treasurer, and shall also elect a secretary who is not a 
director, but may or may not be a member of the company, all 
of whom shall hold their offices for one year, and until their 
successors are elected and qualified. 



192 INSURANCE, TORNADO. 



§ 5. The treasurer and secretary shall each give bond for 
the faithful performance of their duties, in such amounts 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-la^Ys not 
inconsistent with the constitution and laws of this State, as 
may be deemed necessary for the management of its affairs in 
accordance with the provisions of this act; also to prescribe 
the duties of its officers and fix their compensation, and to alter 
and amend its by-laws when neccessary. 

§ 7. Any person owning property in the county for which 
any such compam" is formed, may become a member of such 
companj^ b,y insuring therein- and 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. 

§ 8. Such company may issue policies only on dwellings, 
barns and other farm building, churches and school houses, and 
such property as may be properly contained therein, for any 
time not exceeding five years, and not to extend beyond the 
limited duration of the charter, and for an amount not to ex- 
ceed three thousand dollars (f 3,000) on any one risk. All per- 
sons 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 wind storms which may be sustained by anj^ mem- 
ber thereof during the time for which their respective policies 
are written, and they shall also at the time of effecting the in- 
surance pay such percentage in cash, and such other charges as 
may be required by the rules or by-laws of the company. 

§ y. No such company shall insure any property beyond the 
limits of the county comprised in the formation of the company, 
nor shall they insure any property within the limits of any city 
containing over twelve thousand (12,000) inhabitants at the 
time of the organization of the company. 

§ 10. Every member of such company who may sustain loss 
or damage by wind storms shall immediately notify the presi- 
dent of the company, or in his absence the secretary thereof, 
stating the amount of damage or loss claimed, and if not more 
than fifty dollars ($50) 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 fifty dollars ($50) then the president of 
such company, or in case of his absence, the secretary shall 
forthwith convene the directors of such company, whose duty it 
shall be, when convened, tQ appoint a committee of not less 



INSURANCE, TORNADO. 193 



than three members of such company to ascertain the amount 
of such loss or damage. 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 count}^ in which such company is located, whose duty it 
shall be to appoint three persons as a committee of reference 
who shall have full authority to examine witnesses and to deter- 
mine 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 such committee shall be two dollars 
(f2.00) per day for each day's services 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. 

§ 11. Whenever the amount of any loss shall have been as- 
certained, which exceeds in amount the cash funds of the com- 
pany, the president shall convene the directors of the company, 
who shall make an assessment of such amount upon all the pro- 
perty, distributing the same pro rata, against such several pieces 
of property insured by the company. 

§ 12. It shall be the duty of the president, whenever such as- 
sessment shall have been made, to immediately notifj^ every per- 
son composing such company, personally, by agent, or by letter 
and sent to his usual postoffice address, of the amount of such loss 
the sum due fi'om him as his share thereof, and of the time when, 
and to whom payment is to be made, but such time shall not be 
less than thirty nor more than ninety days from the date of such 
notice. 

§ 13. Suits at law may be brought against any member of 
such company who shall neglect or refuse to pay any assessment 
made upon him by the provisions of this act: and the directors 
of any company so formed, who shall willfully refuse or neglect 
to perform the duties imposed upon them by the provisions of 
this act, shall be liable in their individual capacity to the person 
sustaining such loss. Suits at law may also be brought and 
maintained against any such company by members thereof for 
losses sustained, if payment is withheld after such losses have 
become due. 

§ 14. It shall be the duty of the secretary to prepare an an- 
nual statement showing the condition of such company on the 
thirty- first day of October, and present the same at the annual 
meeting. 

§ 15. Any member of such company may withdraw therefrom 
by surrendering his policy for cancellation at any time while the 
company continues the business for which it was organized, by 
giving notice in writing to the secretary thereof and paying his 

—13 



194 



JUDGMENTS AND EXECUTIONS. 



share of all claims then existing against said company: Pro- 
vided, that by the withdrawal of any such member, the mem- 
bers remaining in the companj^ .9hall not be reduced below the 
original number of corporators, or the assets be reduced below 
the sum of fifty thousand dollars (f 50, 000): Provided, fui-tber, 
that the company shall have power to cancel or terminate any 
policy by giving the insured notice to that effect. 

§ 16. It shall be the duty of the president and secretary of 
every such company on the first day of November of each year, 
or within one month thereafter, to prepare under their own 
oath, and transmit to the Auditor of Public Accounts a state- 
ment of the condition of the company on the first day of Octo- 
ber 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 business the ensu- 
ing year, subject, however, to the provisions of this act. For 
such examination and certificate the company shall pay one dol- 
lar. Each company shall pay at the time of organization ten 
dollars ($10) for the Auditor's services, all of which shall be 
paid into the State treasury and applied to the insurance fund. 

§ 17. 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 4, 1889. 



JUDGMENTS AND EXECUTIONS. 



judgments in justices courts. 



1. Executions may issue on judgments 
of justices of the peace within 
seven years. 



§2. Suit may be brought on judgment 

within ten years. 
§ 3. Time of appeal not counted. 



An Act to fix tlie time within which an execution may issue on 
a judgment of a justice of the peace, and within which a suit 
may be brought upon such judgment. 

Section 1. Be it enacted by the People of the State of 
lUinois, represented in the General Assembly: That executions 
shall be allowed to issue upon a judgment of a justice of the 



JUDGMENTS AND EXECUTIONS. 195 



peace at any time within seven years next after the rendition 
thereof, and not afterwards, provided no execution shall issue 
within the first twenty days after rendition, except upon oath as 
now required by law. 

§ 2. A suit may be broug-ht upon a judgment of a justice of 
the peace at any time within ten years next after the rendition 
thereof, and not afterwards. 

§ 3. The time during which any judgment of a justice of the 
peace may be in any other court on appeal shall not be 
counted as part of said time provided in sections one and two 
of this act. 



Approved May 27, 1889. 



LIMITATION OF LIENS. 

§ 1. Amends section 1, act of 1872, by authorizing transcripts of judgments from one 

county to another. 

An Act to amend section one (1) 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 force July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section one 
(1) 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 force July 
1, 1872, be and the same is hereby amended so as to read as 
follows : 

Section 1. A judgment of a court of record shall be a lien on 
the real estate of the person against whom it is obtained situated 
within the county for which the court is held, from the time the 
same is rendered or revived for the period of seven years and 
no longer: Provided, that there shall be no priority of the 
lien of one judgment over that of another rendered at the same 
term of court, or on the same day in vacation; and upon the 
filing in the office of the clerk of any court of record in any 
county in this State, of a transcript of a judgment or decree 



196 JUDGMENTS AND EXECUTIONS. 



rendered in any other connty of this State, such judgment shall 
have the hke force and effect, and shall be a lien upon the real 
estate of the party against whom the same is obtained in said 
county where hied, and execution may issue thereon in said 
county, in like manner as in the county where originally ob- 
tained. When execution is not issued on a judgment within one 
year from the time the same becomes a lien, it shall thereafter 
cease to be a lien, but execution may issue upon such judgment 
at any time within said seven years, and shall become a lien on 
such real estate from the time it shall be delivered to the sheriff, 
or other proper officer, to be executed. 

Approved June 3, 1889. 



REDEMPTION OF REAL ESTATE. 

§ 1. Amends the act of 1874, by adding a section numbered "27a". 

Section 27a. Payment of taxes by the purchaser during the time of redemption; 
recovery of tlie amount so paid, Avith interest. 

An Act to amend an act entited ^''An act in regard to judg- 
ments and decrees, and the manner ot enforcing the same hy 
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 hy the People of the State of Illi- 
nois, represented in the General Assembly: That 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 redemp- 
tion of ]"eal estate sold under execution or decree," approved 
March 22, 1872. in force July 1, 1872, be amended by adding 
after section twenty-seven, a section to be numbered section 
27a, to read as follows: 

Section 27a. Whenever any real estate is sold under any judg- 
ment or decree of anj court, the holder of the certificate of 
such sale shall have the right to pay all taxes and assessments, 
which are, or may become a lien on such real estate during the 
time of redemption running on such sale, and whenever redemp- 
tion is made from such sale, the party or parties entitled to re- 
deem shall pay to the holder of such certificate of sale, or to 
the sheriff, master in chancery, or other officer who sold the 
same, or his successor in office, in addition to the amount due 



JUDGMENTS A.VD EXECUTIONS, 197 



on such certificate, tiie amount paid by tlie liolder tliereof for 
such taxes and assessments, together witli interest tliereon at 
the rate of eight per cent, per annum, if before sucli redemption 
is made a receipt or receipts for such taxes or assessments shall 
be filed with the sheriff, master in chancery, or other officer who 
made such sale or exhibited bv the holder of such certificate in 
case redemption is made directly to the holder of such certificate. 

Approved June 4, 1889. 



UNITED STATES COURTS IN THIS STATE. 

§ 1. Judgments and decrees of the United States courts to be made a matter of record 
the same as judgments of State courts. 

An Act to give effect to the acts of Congress regulating the 
liens of judgments and decrees of courts of the United States. 

Section 1. Be it enacted by the People of the State oi 
Illinois, represented in the General Assembly: That judgments 
and decrees of courts of the United States, held within this 
State, and all writs, returns, certificates of the levy of a writ, 
and records of said courts, may be registerecl, recorded, 
docketed, indexed or otherwise dealt with in the public offices 
of this State, so as to make them conform to the rules and 
requirements relating to judgments and decrees of courts of 
this State. 

Approved April 29, 1889. 



198 JUSTICES AND CONSTABLES. 



JUSTICES AND CONSTABLES. 



TRANSCRIPTS IN PRELIMINARY TRIALS. 

§ 1. Justices and police magistrates shall file transcripts of the case when the prisoner 
has been held, with the fees, and up n conviction of the prisoner the fees shall 
be taxed as in appeal oases. 

An Act authorizing justices of the peace and police magistrates 
to tile transcripts after preliminary examinations on criminal 
charges. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That in all prelim- 
inary examinations before justices of the peace or police mag- 
istrates, when the prisoner has been held to await the action 
of the grand jury, the justice or police magistrate shall make 
and file with the clerk of the court to which the prisoner has 
been held, a transcript giving a brief statement of the case, and 
the fees of the justice or magistrate and other officers and wit- 
nesses engaged in the preliminai-y proceedings, and such fees 
shall, upon conviction of the prisoner in the trial court, be taxed 
bj the clerk thereof, and collected as in appeal cases. 

Approved June 4. 1889. 



LIBRARIES, PUBLIC. 



IN cities, towns and townships. 

I 1. Amends section 1 of the act of 1872, as amended in 1887, by making the act apply to 
cities operating under special charters. 

An Act to amend section (1) of an act entitled "An act to 
authorize cities, incorporated towns and townships to establish 
and maintain free public libraries and reading rooms,'' ap- 
proved and in force March 7, 1872, as amended by an act 
approved June 17, 1887. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That section one 



LIBRARIES, PUBLIC. 



199 



(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, as 
amended by act approved June 17, 1887, be amended so that 
the same shall read as follows: 

Section 1. That the city council of each incorporated city, 
whether organized under general law or special charter, sliall 
have power to establish and maintain a public library and 
reading room, for the use and benefit of the inhabitants 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 inhabi- 
tants, such tax shall not exceed one-half of a mill on the dollar 
annually: And, provided further, that the said annual library 
tax in cities of over ten thousand inhabitants shall not be 
included in the aggi'egate 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 amend- 
atory acts thereto, or by any provision of any special charter 
under which any city in this State is now organized. 

Approved May 25, 1889. 



ILLINOIS STATE HISTORICAL. 



§ 1. Establii^hing a State historical library 
at the capital. 

§ 2. Sets apart rooms for its use. 

§ 3. Trustees for the control and manage- 
ment to be appointed by the Gov- 
ernor, who shall serve without pay. 



4. Powers and duties of the trustees de- 

fined; librarian to be chosen by the 
trustees and salary fixed. 

5. Appropriates ?2,500 per annum for the 

use of the Ubrary. 



Whereas, It is important and desirable that all books, 
pamphlets and other printed matter, manuscripts, mono- 
graphs and other writings, illustrative and descriptive of the 
history of the State, be collected and preserved in some per- 
manent form, before it is too late to rescue from oblivion the 
memory of its earlier history, and those who founded it, as well 
as those who have been connected with its rise and progress in 
later days, therefore, 



200 LIBRARIES, PUBLIC. 



An Act to establish the Illinois State Historical Library, and 
to provide for its care and maintenance, and to make ap- 
propriations therefor. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there is here- 
by estabhshed at the capital of the State, a historical hbrarj, 
which shall be known as the "Illinois State Historical Librar3^" 

§ 2. The north ante-room of the State library rooms in the 
State House shall be set apart for the use of the State histori- 
cal library, and free access thereto at all reasonable hours shall 
be forever had and maintained. 

§ 3. The Illinois State historical library shall be under the 
control and manag;ement of three trustees well versed in the 
history of the State, and qualified by habit and disposition to 
discharge the duties of their ofiice, who shall be chosen and ap- 
pointed by the Governor hj and with the consent of the Senate, 
for the term of two years, and until their successors have been 
appointed and commissioned. The said trustees shall receive 
no compensation for their services, except for their actual ex- 
penses while in the discharge of their official duties, to be paid 
upon itemized accounts approved by the Governor. 

§ 4. The said trustees shall have power, and they are hereby 
required to make all necessary rules, regulations and by-laws 
not inconsistent with -law, to carry into effect the purposes of 
this act, and to procure from time to time, as may be possible 
and practicable afc reasonable cost, all books, pamphlets, manu- 
scripts, monographs, writings and other materials of historical 
interest and useful to the historian, bearing upon the political, 
physical, religious or social history of the state of Illinois from 
the earliest known period of time. They shall also have the 
power to select some person having the i-equisite qualifications 
as librarian and to fix the salary, not, however, to exceed the 
sum of five hundred dollars per annum. 

§ 5. For the purpose of carrying out the provisions of this 
act, the sum of twenty-five hundred dollars per annum is hereby 
appropriated out of any moneys in the treasury not otherwise 
appropriated, and the Auditor is authorized to draw his warrant 
therefor, payable to the order of the trustees of the "Illinois 
State Historical Library," upon proper vouchers, approved by 
the Governor. 

Approved May 25, 1889. 



MARRIAGES. 201 



MARRIAGES. 



LICENSES. 

§ 1. Amends sections 6 of the act of 1874, as amended in 1877, by providing for proof of 
consent where the applicants are under age; liability of county clerks. 

An Act to amend section six of an act entitled ''An act to re- 
vise the law in relation to marriages," approved February 27, 
1874, in force July 1, 1874, as amended by act approved and 
in force May 11, 1877. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section six 
of an act entitled ''An act to revise the law in relation to mar- 
riages," approved February 27, 1874, in force July 1, 1874, as 
amended hj act approved and in force May 11, 1877, be and 
the same is hereby amended so as to read as follows: 

Section 6. Persons intending to be joined in marriage shall^ 
before their marriage, obtain a license from the county clerk of 
the county where such marriage is to take place, anything in 
any general or special law of this State to the contrary not- 
withstanding. For the purpose of ascertaining the age of the 
parties, and the legality of the contemplated marriage, the 
county clerk may require the affidavit of either of the parties, 
or other witnesses. When a minor is an applicant for a mar- 
riage license, or if an applicant is desirous of obtaining a license 
to marry a minor, and the parent or guardian of such minor is 
not present to give his or her consent, then such consent may 
be in writing, and must be attested by two witnesses, one of 
whom shall sign the application for license with the applicant, 
and make affidavit that he or she witnessed the signature of 
the person giving consent, and knows the same to be the genuine 
signature of the parent or guardian of the minor on whose ac- 
count the application for license is made, and if any applicant 
for license, or any witness to the signature of a parent or 
guardian, shall swear falsely as to the age of any one for whom a 
license is applied, or as to the signature of any parent or guardian 
giving consent, and the county clerk is thereby induced to issue 
a marriage license to one who is not of age, the said county 
clerk shall not be liable for the penalty mentioned in section 
thirteen of this act. 

Approved June 3, 1889. 



202 



MINES AND MINING. 



MINES AND MINING. 



HEALTH AND SAFETY OF MINERS. 



1. Amends se(?tions 1, 2, 3, 4 and 8, act 
of 1879, as amended 1883, 1885 and 
1887. 

Hec. 1. Owners or operators of mines shall 
prepare aceurate maps or plans of 
mines; copy thereof delivered to state 
inspector of mines; copy shall be re- 
tained at the mine; copies deposited 
with the inspector shall be the prop- 
erty of the State and copies thereof 
shall not be takeii without the con- 
sent of the owner; maps and surveys 
shall be made in July, 1889, and an- 
nually thereafter; maps of worked- 
out or abandoned mines. 

Sec. 2. Failure to make maps and sur- 
veys; penalties. 

Sec. 3. Escapement shafts or underground 
communications with contiguous 
mines; location of escapement shafts; 
distance from main shaft; eauipment 
of escapement shafts; limitation of 
time for completing escapement shafts ; 
roadways and escapement shafts used 
in common by different owners. 



Sec. 4. Ventilation of mines; examination 
of mines each morning so as to secure 
safety from gases and foul air: sup- 
ply of air; sprinkling du-ty roadways 
in mines; precaution in handling 
powder in mines; tools; handhng 
and using explosives; ventilating ap- 
paratus; emitting smoke from fur- 
naces into shafts. 

Sec. 8. Examination of steam boilers; pro- 
tection of top and entrance to shaft; 
steam gauges, water gauges and 
safety valves; underground self-act- 
ing engines and planes, signals, gang- 
ways, etc.; passageways at the bot- 
tom of shafts; protection of "sumps." 



An Act to amend sections one (1), two (2), three (3), four (4) 
and eight (8) of an act entitled ''An act to provide for the 
health and safety of persons employed in coal mines,'^ ap- 
proved Mav 28, 1879, in force Julv 1, 1879, ^.s- amended June 
18, 1883, and June 21, 1883, in 'force July 1, 1883, and as 
amended June 30, 1885, in force Julv 1, 1885, and amended 
June IG, 1887, in force July 1, 1887.^ 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That sections one 
(1), two (2), three (3), four (4) and eight (8) of an act en- 
titled "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 force Julyl, 1885, 
and as amended June 16, 1887, in force July 1, 1887, be and 
are hereby amended to read as follows: 

Section 1. The owner, operator or superintendent of any coal 
mine shall make or cause to be made an accurate map or plan 



MINES AND MININa. 203 



of siicb mine, which shall exhibit all the openings and excava- 
tions, the shafts, slopes or tunnels, the entries, rooms and break- 
throughs; and shall show the direction of the air currents therein, 
and accuratel}^ delineate the surface section lines of the coal 
lands controlled by the owner of said mine, and show the exact 
relation to and proximity of the workings of said mine to said 
surface line. Said map or plan shall also show the exact date 
of each survey made, and indicate the boundary line of the most 
advanced face of the workings at each such date; and in case 
more than one seam of coal is opened or worked, a separate 
map or plan as aforesaid shall, if desired by the inspector, be 
made of the workings in each such seam. The said map or plan 
or a true cop3^ thereof, with a record of all the surveys of said 
boundary lines and underground woikings. shall be delivered by 
said owner, operator or superintendent to the state inspector 
of mines, for the disti-ict in which said mine is located, to be 
filed in his office; and the original or a true copy of the same 
sihall be retained for reference and inspection at the office of said 
coal mine. The maps and plans so delivered to the inspector 
of mines, as aforesaid, shall be the property of the State, and 
shall remain in the care and custody of said .inspector during 
his term of office, and be transferred by him to his successor in 
office. Maps of mines filed with the inspector shall be open to 
the examination of the public, in the presence of the inspector, 
but in no case shall any copy of the same be made without the 
consent of the owner, operator or his agent. 

The maps or plans herein provided for shall be made during 
the month of July next succeeding the passage of this act, and 
thereafter' in July of each and every year the owner, agent or 
operator of every coal mine shall cause surveys to be made of 
all alterations and extensions of the workings made during the 
year preceding, and shall have the record and results of said 
survey duly entered upon the map of the inspector and u])on 
that kept at the mine. The said extensions shall be placed on 
the inspector's map, and the map shall be returned to the in- 
spector within thirty days from the completion of the survey. 

When any coal mine is worked out and is about to be 
abandoned, the owner, operator or superintendent shall have 
the maps or plans thereof exteirded to include all the excava- 
tions made, showing the rrrost advairced workirrgs of every parti 
of the nrine, arrd the relation of such boundaries to given 
boundaries on the surface. 

Section 2. Whenever the owner, operator or superintendent 
of any coal rrriue shall neglect or refuse, or. from any cause not 
satisfactory to the mirre inspector, fail, for the period of three 
months, to furnish to the inspector the irrap or plan of such 
coal mine, or of the exterrsions thereto, as provided for in this 
act, the inspector is hereby authorized to nrake, or cause to be 



204 MINES AND MINING. 



made, an accurate map or plan of such coal mine, at the ex- 
pense of the o^Yner thereof, and the cost thereof may be re- 
covered, by law, from said owner, operator or agent, in the 
same manner as other debts, by snit in the name of the in- 
spector and for his use. 

Section 3. For all coal mines in this State, when more than 
six men are employed, whether worked by shaft, slope or drift, 
there shall be provided and maintained, in addition to the 
hoisting shaft or opening, a separate escapement shaft or open- 
ing to the surface or an undergronnd communication between 
every such mine and some other contiguous mine, such as shall 
be approved by the mine inspector as coming within the re- 
quirements of this act, and such as shall constitute two dis- 
tinct and available means of ingress and egress to all persons 
employed in such coal mines. Such escapement shaft or com- 
munication with a contiguous mine, as aforesaid, shall be con- 
structed in connection with ever^^ 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 ways 
to the escapement shaft shall be at least five feet wide and five 
feet high. Every escapement shaft shall be separated from the 
main shaft by such extent of natural strata as shall secure 
safety to the men employed in such mines; and before any es- 
capement shaft shall be located, or the excavations for it be 
begun, the district inspector of mines shall be duly no^"ified to 
appear and determine what shall be a suitable distance for the 
same; the distance from main shafts 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 
oj)erator. Such escapement shafts as shall be equipped after 
the passage of this act, shall be supplied with stairways, parti- 
tioned off from the main air way and having substantial hand- 
rails and platforms, and such stairways shall be at an angle 
not greater than forty-five degrees: Provided, that in mines 
more than one hundred feet in depth there shall be substituted 
for such stairways a suitable cage, suspended between guide 
rails and operated by such hoisting apparatus as shall, in the 
judgment of the inspector of mines, insure the safe and speedy 
removal of all persons within the mine in case of danger. No 
accumulation of ice shall be permitted in any escapement shaft, 
nor any obstructions to travel u])on any stairways or ladders. 
The time which shall be allowed for completing such escapement 
shaft or making such communication with an adjacent mine, as 
is required by the terms of this act, shall be for mines already 
opened or in process of development when this act shall become 
a law, one year for sinking any shaft two hundred feet or less 
in depth, and one additional year, or pro rata portion thereof, 
for every additional two hundred feet or fraction thereof; but 
for mines which shall be opened after the passage of this act, 



MIXES AND MINING. 205 



the time allowed shall be two j^ears for all shafts more than two 
hundred feet in depth, and one year for all shafts two hundred 
feet in depth or less; and the time shall be reckoned, in all cases, 
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 time herein specified. In all 
cases where the Avorking face of one mine has, hj the agreement 
of adjacent owners, been driven into the workings of another 
mine, the respective owners of such mine, while operating the 
same, shall keep open a roadway at least five feet wide and five 
ieet high, thereby forming a communication, as contemplated in 
this act, and in no case 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 has been used, or may be 
hereafter used, as an air or escapement 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 escape- 
ment 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 abandoned workings 
in repair. 

Section 4. The owner, agent or operator of every coal mine, 
whether operated by shaft, slope or drift, shall provide and 
maintain for every such mine a good and suflieient amount of 
A^entilation 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 
ieet for each animal, ver minute, measured at the foot of the 
downcast, and the same to be increased at the discretion of the 
inspector according to the character and extent of the workings 
or to the amount of powder used in blasting; and said volume 
of air shall be forced and circulated to the face of ever}^ work- 
ing place throughout the mine, so that such mine shall be free 
irom standing powder smoke and gases of every kind. All 
doors set on main entries for the purpose of conducting the 
ventilation, shall be so constructed and hung as to close of them- 
selves when opened, and shall be made sufficiently tight to 
effectually obstruct the air currents. In all the larger mines a 
boy or trapper shall be kept in attendance upon such doors to 
see that they are kept securely closed, and the air currents 
properh^ controlled. Whenever the inspector shall find men 
working AA'ithout sufficient air, or under an}^ unsafe conditions, 
lie shall first give the operator a reasonable notice to rectify 
the same, and upon his refusal so to do may himself order 
them out until said portions of said mine shall be put in proper 



206 MINES AND MINING. 



condition. All mines in whicli men are emploj^ed shall be ex- 
amined every morning by a dnlv anthorized agent of the pro- 
prietor, to determine whether there are any dangerous accumu- 
lations 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 i^iiake 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 so split as to give a separate current to at 
least every one hundred men at work, and inspectors shall have 
discretion to order a separate current for a smaller number of 
men if special conditions render it necessary. In case the gal- 
leries, roadways or entries of any mine are so dry as to become 
filled with dust, the operators of such mines shall be required 
to have such roadways regularh' and thoroughly sprinkled ; 
and it shall be the duty of the inspector to see that in all mines 
every practicable precaution shall be taken against accidents 
from the careless handling of powder within the mine, and in 
no case shall more powder be stored in the mine, at any one 
time, than in the discretion of the inspector is necessary for 
each day's use. It shall be unlawful for coal miners, in any 
mine, to charge a blasting hole with loose powder, or other- 
wise, than with a properly constructed cartridge; and in dry 
and dusty mines, it shall be unlawful to load cartridges in the 
mines except with a powder can constructed for the purpose. 

It shall be unlawlul for the owner, agent or operator of any 
mine to permit miners to work in said mine with tools prohi- 
bited by law. 

It shall be unlawful for any operator or agent of a coal mine 
to employ persons underground whose duties may involve con- 
tact with inflammable gases, or the handling of explosives, who 
have not had experience in such duties, unless all such employes 
are placed under the immediate charge and instruction of such 
a number of competent men as to secure the safety of other 
persons employed in the same mine. The ventilation required 
by this section may be produced by any suitable appliances, 
but in case a furnace shall be used for ventilating purposes, it 
shall be built in such a manner as to prevent the communication 
of fire to any part of the works, hj lining 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, wdiere the hoisting shaft or slope is the only means provided 
for the ingress or egress of persons employed in said coal mines. 
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 venti- 
lating furnace that shall emit smoke into a shaft, as an upcast, 



MINES AND MINING. 207 



Avhere tlie shaft or slope used as a means of ingress and egress 
by persons employed in said coal mines is the only means pro- 
vided for furnishing air to persons employed therein. 

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 boilermaker or other qualified person 
as often as once every six months, and oftener if the inspector 
shall deem it necessaiy; and the result of eYerj such examina- 
tion shall be certified in writing to the mine inspector. 

The top of each and every shaft, and the entrance to each 
and every intermediate working vein shall be secureh' fenced by 
gates properly protecting such shaft and the entrance thereto ; 
and the entrance to every abandoned slope, air or other shaft 
shall be securely fenced off; and every steam boiler shall be 
provided with a proper steam gauge, water gauge and safety 
valve. 

All underground, self-acting or engine planes with single tracks 
on which coal cars are drawn and persons travel, shall be pro- 
vided with some proper means of signaling between the stop- 
ping places and the ends of said planes, and sufficient places of 
refuge at the sides of such planes shall be provided at intervals 
of not more than ten yards, and all other single planes or 
gangways twenty yards, and they shall not be less than six 
feet wide and six feet in depth, and shall be whitewashed or 
otherwise distinguished from the surrounding walls. 

The bottom of every shaft shall be suyjplied with a traveling- 
way to enable men to pass from 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. 

Approved June 4, 1889. 



:208 MORTGAGES. 



. MORTGAGES. 



CHATTEL, ON HOUSEHOLD GOODS, ETC., FORECLOSURE. 

S 1. Foieolosure in a coiirt of record; possession of property; furniture sold on install- 
ment excepted; shall not apply to mortgages executed prior to the taking effect 
of this act. 

5 2. Joint by husband and wife. 

An Act to regulate the foreclosure of chattel mortgages on 
household goods, wearing apparel and mechanics' tools. 

Section 1. Be it enacted by the People of the State of Illi- 
nois represented in the General Assembly: That no chattel 
mort^-age on the necessary household goods, wearing apparel 
or mechanics' tools of any person or family shall be foreclosed 
•except in a court of record. No such household goods, wearing 
apparel or mechanics' tools covered by a chattel mortgage shall 
be seized or taken out of the possession of the mortgagor before 
foreclosure, except by a sheriff and then only after the mort- 
gagee or his agent shall present an affidavit to a judge of any 
court of record, setting forth that the mortgage is due or that 
lie is in danger of losing his security, giving the facts upon 
which he relies, and shall obtain an order from such judge 
■directing such sheriff to seize such household goods, wearing 
apparel or mechanics' tools, and hold them subject to the 
order of court: Provided, that nothing herein shall apply to 
the sale of furniture by regular dealers on the so-called install- 
ment plan: Provided, this act shall not apply to the fore- 
closure of chattel mortgages executed prior to the time this act 
shall take effect. 

§ 2. No chattel mortgage executed by a married man or mar- 
ried woman on household goods shall be valid unless joined in 
l>y the husband or wife as the case ma^^ be. 

Approved June 5, 1889. 



PARKS. 209 



PARKS. 



DRIVEWAYS, EXTENSION IN ADJOININCt TOWNS. 

§ 1. Amends section 20, act of 1871, as amended 1874, 1881, by authorizing the extension 
of driveways in towns not taxed for the maintenance of parks, and taxes may 
be levied for the cost of snch driveway improvement in the towns in which im- 
provement is made. 

An Act to amend section 20 of an act entitled ^'An act in re- 
gard to the completion of public parks and the management 
thereof,'' approved June 16, 1871, and amendments thereto, 
approved February 18, 1874, and May 28, 1881. 

Section 1. Be it enacted by the people of the State of Illi- 
nois, represented in the General Assembly: That section 20 of 
"An act in re^'ard to tlie completion of public parks, and the 
management thereof,'' approved June 16, 1871, and amend- 
ments thereto, approved February 18, 1874, and May 28, 1881, 
be further amended, so as to read as follows, to-wit: 

Section 20. If the commissioners of any such park shall wish 
to establish, open and construct any driveway from the park, 
they shall make application to the board of trustees of the town 
in which it is proposed to make the same, if there be a board 
of trustees, and to the supervisor and assessor, in case there 
be no such board, (the said board of trustees, and supervisor 
and assessor, being hereby declared corporate authorities for 
the purpose of this section), for leave to establish, open and 
construct such drivewa}^ describing the proposed location in 
detail, and if the board of trustees, or supervisor and assessor, 
as the case may be, shall approve of the proposed amendment, 
authority in writing shall be given for the establishing, open- 
ing and construction of the same, in accordance with the ninth 
article of an act entitled "An act to provide for the incoi'- 
poration of cities and villages," approved April 10, 1872; and 
the commissioners shall, in behalf of such town, cause the pro- 
ceeding to be commenced and prosecuted, in accordance with 
the provisions of that article. When any such drivewaj^ shall 
be established, it shall form a part of said park, and be man- 
aged and governed as a part thereof. When any driveway has 
been heretofore, or shall be hereafter constructed and opened, as 
aforesaid, it shall be lawful to extend the same in the manner 
aforesaid. If the commissioners of any such park shall think it 
proper to use auv public street or road, or part thereof, for 
—14 



210 



PARKS. 



such driveway or part thereof, it shall be lawful to take and use 
such street, or part thereof, in the discretion of the commis- 
sioners, provided the consent of the owners of a majority of 
the lineal front feet of the property located in the city, incor- 
porated village, or town or other municipality in which said 
street is located, and abutting on such street or road, or part 
thereof, proposed to be used by the commissioners, be first ob- 
tained in writing, and also the consent of the city council in 
case the street is within a city, of the trustees in case it is 
within an incorporated village or town, or of the commissioner 
of highways in case the street or road is within a township, 
and the territory is not embraced within an incorporated city, 
village or town: Provided, that in all cases where a driveway ex- 
tended, as aforesaid, or any street or road, or part thereof, 
taken for a driveway, shall lie in a town, the territory of which 
is not taxed for the maintenance of such park, it shall be law- 
ful for the corporate authorities, as aforesaid, and they are 
hereby authorized, from time to time, to levy, or cause to be 
levied, a special tax or assessment on property benefitted, for 
a sum of mone}'' sufficient for the cost of such improvement, 
and for the maintenance and repair thereof, as shall be ordered 
and estimated by such board of park commissioners ; and such 
tax or assessment shall be collected and enforced in the same 
manner as is provided by law for the collection and enforce- 
ment of other taxes, so far as the same are applicable; the pro- 
ceeds of such tax or assessment shall be appropriated only for, 
the improvement and maintenance of such portion of the street 
or driveway lying within the town, the property of which has' 
been so taxed or assessed: Provided, that the maintenance and 
repair of any such driveway may be made by special assess- 
ment or by general taxation, or partly by special assessment^ 
and partly by general taxation, as may be determined by such^ 
corporate authorities. When any driveway has been extended, 
as aforesaid, or when the commissioners shall determine to use] 
any street or road, or part thereof, and the consent of the author- 
ities having control thereof shall be given, as aforesaid, the] 
driveway so extended, or the street or part thereof so taken, as] 
aforesaid, shall form a part of said park, and may be improved, 
managed and governed as a part thereof. 

Approved June 4. 1889. 



PARKS. 211 



DRIVEWAYS ON STREETS LEADING TO PARKS. 

§ 1. Improvement, maintenance and repairs of driveways: special assessments for that 
purpose; levied in installments. 

■♦ 

An Act to enable corporate authorities to provide for the im- 
provement, maintenance and repair of driveways which are a 
part of a public park, by a special tax or special assessment 
on contiguous pjroperty. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That in all cases 
where lands within specified boundaries boi'dering a lake have 
been declared to be a public park, and where the commissioners 
of such park have been named in the act establishing the same 
and their successors have since been appointed by the Governor 
of the State, such corporate authoi-ities as are by law author- 
ized to levy taxes for the maintenance of such park, shall have 
power, where any driveway has been made or may hereafter be 
established, opened or constructed, or where any street or streets 
located in any city, incorporated village or town in which any 
portion of such park is now located and leading to such park, 
have been or may hereafter be selected and taken pursuant to 
law by such park commissioners, to improve, maintain and re- 
pair such driveway, street or streets in such manner as said 
commissioners may deem best, and for that purpose the}^ are 
hereby authorized to pay for the improvement and maintenance 
thereof, and such corporate authorities may from time to time 
levy or cause to be levied, a special tax or assessment on con- 
tiguous property abutting upon such driveway or street so im- 
proved for a sum of money not exceeding the estimated cost of 
such improvement or improvements, and for the maintenance 
and repair thereof as shall be ordered and estimated by such 
board of park commissioners. And to that end such corporate 
authorities shall have all the power and authority now or here- 
after granted to them, respectively, relative to the levj', assess- 
ment and collection of taxes or assessment for corporate 
purposes, and such special taxes or assessments as are hereby au- 
thorized, may be divided into not exceeding four annual install- 
ments, bearing interest at the rate of six per cent. (6 per cent.) 
per annum from the date of confirmation until paid. And the 
assessment or installments thereof shall be collected and en- 
forced in the same manner as is provided by law for the collec- 
tion and enforcement of other taxes or assessments for or on 
account of such corporate bodies or boards as aforesaid, so far 
as the same are applicable. 

Approved June 1, 1889. 



212 



PARKS. 



DRIVEWAYS ON LAKE SHORE, EXTENSION. 



§ 1. Park commissioners may extend 
driveways on the bed of the lake; 
such driveways shall not interfere 
wiih navigation. 

§ 2. Plans of extensions and estimates of 
cos ; consent of property owners 
to said improvement; consent of 
town authorities; riparian rights 
may be acquired by purchase or 
condemnation. 

§ 3. Contracts for const uetion of drive- 
ways; titles to submerged lands; 
commissioners may sell and con- 
vey such lands. 



§ 4. Title to di-iveways and lo the bed of 
the 'ake shall vest in the board of 
park commissioners; control and 
maintenance. 

§ 5. Termini of streets upon such drive- 
way extensions. 



An ACT to enable park commissioners having control of any 
boulevard or driveway bordering upon any public waters in 
this. State, to extend the same. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That every board 
of park commissioners existing under the laws of this State, 
that now has, or may hereafter have, control over any boule- 
vard or driveway connecting with any public park under the 
control of such board, and bordering upon any public waters 
in this State, shall have power, subject to the limitations in 
this act contained, to extend such boulevard or driveway of 
the width of not more than two hundred feet over and upon 
the bed of such public waters. Provided, however, that no such 
boulevard or drivewa}^ shall be extended under the provisions 
of this act in such a manner as to interfere with the naviga- 
tions of such public writers for the purposes of commerce, and 
that the lauds adjacent to such public waters and connected 
with the termini of such boulevai'd or drivewaj' as extended 
under the pi-ovisions of this act, shall lie within the district or 
territory, the ]5roperty of which shall be taxable for the main- 
tenance of the parks under the control of such board. 

§ 2. Whenever such board of park commissioners shall de- 
termine to extend any such boulevard or driveway under this 
act, said board shall prepare a plan of such proposed exten- 
sion, and make an estimate of the cost thereof, and shall ob- 
tain the consent in writing of the owners of at least two-thirds 
of the frontage of all the lands not approjiriated to or held for 
public use abutting on such public water's in front of which it 
is proposed to extend such boulevard or driveway for the mak- 
ing of such extension, and shall also obtain the consent of the 
supervisor and assessor, corporate authorities of the town or 
towns in which the lands abutting on such public waters in 



PARKS. 21-5 



front of such proposed extension may lie, to the making of snch 
extension. The riparian or other rights of the owners of lands 
on the shore adjoining the waters in which it is proposed to 
construct such extension, the said board of park commissioners 
maj acquire, hj contract with or deeds from any such owner ; 
and in case of inability to agree with any such owner, pro- 
ceedings may be had to condemn such rights, according to the 
provisions of article nine of an act' entitled, "An act to provide 
for the incorporation of cities and villages,'' approved April lOy 
1872, and the amendments thereof. 

§ 3. Upon complying with section two of this act, said board 
shall have power to contract in writing with any person or 
persons for the construction of such extension of such boule- 
vard or driveway, according to such plan, and under the 
supervision of said board, and, in all cases where any boule- 
vard or drivewa}^ is extended under the provisions hereof, the 
submerged lands Ij^ing between the shore of such public waters 
and the inner line of the extension of such boulevard or drive- 
way shall be appropriated by the board of park commissioners 
to the purpose of defraying the cost of such extension and to 
that end such board of park commissioners are authorized to 
sell and convey such submerged lands in fee simply by deeds 
duly executed on its behalf by its president and under its cor- 
porate seal, and every deed executed in pursuance hereof shall 
vest a good title in the grantee to the premises intended to be 
conveyed thereby. 

§ 4. Upon the completion of any such extension of such 
boulevard or driveway, the title thereto, and to the bed there- 
of, shall be vested in such board of park commissioners, for 
the purpose of a boulevard or drivewa^^, and shall become a 
part of the public park or parks under the control of such 
board, and shall thenceforth be maintained and controlled by 
such board in the manner provided by law for the government 
and maintenance of other boulevards and driveways under its 
control. 

§ 5. In case any public streets shall extend to the shore line 
of said public waters in front of which extension of such boule- 
vard or driveway shall be constructed under this act, and such 
streets, if extended, would cross such extension, such streets, 
(unless the municipality in control thereof shall otherwise 
direct) shall extend to the inside line of such extension of said 
boulevard or driveway. Nothing in this act shall be construed 
to repeal section twenty of an act entitled "An act in I'egard 
to the completion of public parks and the management there- 
of," approved June 16, 1871, and amendments thereto hereto- 
fore made, or which may be hereafter made, unless expressly so 
declared. 

Approved June 4, 1889. 



214 



PARKS — PARTITION. 



LINCOLN, CHICAGO, TITLE TO SUBMERGED LANDS. 



■§ 1. Title granted to 
Lake Michigan. 



mbmerged land in 



Police power over the waters of Lake 
Michigan; sand may be taken there- 
from. 



An Act to grant the title of certain submerged land in Lake 
Michigan to the commissioners of Lincohi Park and enable 
them to exercise police power over the water adjacent thereto. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That all right, title 
and interest of the State in and to the bed of Lake Michigan 
on which the driveway connected with Lincoln Park is now con- 
structed, or on which any extension thereof may hereafter be 
constructed, and a strip of such submerged land between the 
east line thereof and a line fifty feet east of the breakwater 
protecting said driveway and any extension of the same, be, 
and is hereby, granted to the commissioners of Lincoln Park 
and their successors in office, to be held for the use and benefit 
of the public as a part of said park and for no other purpose 
whatever. 

§ 2. That said commissioners may have and exercise police 
control over the waters of Lake Michigan along the east side 
of said driveway, and any extension thereof, for a distance of 
two hundred and fifty feet in same way as over the grounds of 
the park, and sand may be taken therefrom by permission of 
said commissioners. 

Approved June 4. 1889. 



i 



PARTITION. 



COSTS. 

§ 1. Amends section 40, by providing that when the defendants make a successful 
defense they shall recover costs from the complainant. 

An Act to amend section forty of ''An act to revise the law in 
relation to partition of real estate.' ' approved February 9, 
1874, in force July 1, 1874. 

Section 1 . Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section forty 



PAETITION. 215 



(40) of an act, entitled an "Act to revise the law in ]-elation to 
the partition of real estate," approved February 9, 1874, and 
in force July 1, 1874, be amended to read as follows: 

Section 40. In all proceedings for the partition of real estate 
when the rights and interests of all the parties in interest are 
properly set foi-th in the petition or bill, the court shall appor- 
tion the costs, including the reasonable solicitor's fee, among 
the parties in interest in the suit, so that each party shall pay 
his or her equitable portion thereof, unless the defendants, or 
some one of them, shall interpose a good and subtantial defense 
to said bill or petition. In such case the party or parties mak- 
ing such substantial defense shall recover their costs against 
the complainant according to equity. 

Approved June 4. 1889. 



REPORTS OF SALE. 

§ 1. Amends section 29, act of 1874, by permitting interested persons to file exceptions 
within 20 days; proceedings. 

Amends section 31, act of 1874, by autliorizing distribution to be made upon the ap- 
proval of the court. 

An Act to amend sections twenty-nine and thirty-one of an act 
entitled "An act to revise the law in relation to the partition 
of real estate,'' approved Februarv 9, 1874, in force Julv 1, 
1874. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That sections 
twenty-nine and thirty-one of an act entitled "An act to revise 
the law in relation to the partition of real estate," approved 
February 9, 1874, in force July 1, 1874, be and the same are 
hereby amended so as to read as follows: 

- Section 29. The master, special commissioner or other officer 
making such sale, shall, within ten days thereafter, file a report 
of his doings in the matter, in the office of the clerk of the court 
decreeing such sale. Au}^ person interested therein may, within 
twenty days after the filing of said i-eport, file exceptions thereto, 
and if no exceptions are filed within such time, the report shall 
be presented by the officer or otliei' person making the sale, to 
the judge of the court, who shall examine the same, and shall 
have power, in vacation, to make such order in reference to the 



216 PARTITION. 



approval thereof, as he shall deem proper. If exceptions are 
filed to such report in vacation, no action shall be taken thereon 
until the next succeeding term of the court. 

Section 31. Upon the approval of the report, the proceeds of 
the sale shall be distributed by the master, special commissioner 
or other person making the sale, to the persons entitled thereto, 
according to their interests, as directed by the court. 

Approved June 3, 1889. 



UNKNOWN HEIRS AND CLAIMANTS. 

§ 1. Amends section 36, act of 1874, by requiring unclaimed moneys to be paid into the 
county treasury. 

Amends section 37 by making it conform to the pro\isions of section 36. 

An Act to amend an act entitled ^'An act to revise the law in 
relation to the partition of real estate," approved Februarv 
9, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That sections thirty- 
six (36) and thii-ty-seven (37) of an act entitled "An act to re- 
vise the law in relation to the partition of real estate," approved 
February 9, 1874, in force July 1, 1874, be amended to read 
as follows: 

Section 36. When a sale of premises is made, and no person 
appears to claim such portion of the money as may belong to 
anj non-resident or person whose name is unknown, the court 
shall require such money to be deposited in the county treasury , 
subject to the further order of the court. All money so required 
to be deposited shall be received hj the county treasurer and 
jDaid upon the order of the said court. 

Section 37. When money is deposited in the county treas- 
ury under the provisions of this act, the person or persons en- 
titled to the same may, at any time, apply to the court making 
the order of sale, and obtain an order for the same upon mak- 
ing satisfactory pi'oof to the court of his or her right thereto. 

Approved June 3, 1889. 



PAUPERS. " 217 



PAUPERS. 



RESIDENCE. 

§ 1. Amends section 16, act of 1874, as amended 1875, by striking out "six months" and 
inserting "twelve months," where it occurs in said section. 

An Act to amend section sixteen of an act entitled "An act 
to revise the law in relation to paupers,'' apjproved March 
23, 1874, and amended by act approved April 9, 1875. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That section six- 
teen of an act entitled "An act to revise the law in relation to 
paupers," approved March 23, 1874, and amended by act ap- 
proved April 9, 1875, be and the same is herebj^ amended so as 
to read as follows: 

Section 16. If any person shall become chargeable as a pauper 
in any county or town, who did not reside therein at the com- 
mencement of twelve mouths immediately preceding his becoming 
so chargeable, but did, at that time, reside in some other county 
or town in this State, it shall be the duty of the county or 
town clerk, as the case may be, to send written notice, by 
mail or otherwise, to the county clerk of the county in which 
the pauper so resided, or if he then resided in a town support- 
ing its own poor, to the town clerk of such town, requesting 
the proper authorities of such county or town to remove said 
pauper- forthwith, and to pay the expenses accrued and to accrue 
in taking care of the same ; and such county or town, as the 
case may be, where such pauper resided at the commencement 
of the twelve months immediately preceding such person becom- 
ing chargeable as a pauper, shall pay to the county or town so 
taking care of such pauper, all reasonable charges for the same, 
and such amount may be recovered by suit in any court of com- 
petent jurisdiction. 

Approved June 1, 1889. 



218 ~ PENITENTIARIES. 



PENITENTIARIES. 



FEMALE PRISONERS. 



3. Appropriates 82,000 for the expenses 
of the transfer. 



§ 1. Female convicts shall be sentenced to 
the penitentiary at Joliet. 

§ 2. Female prisoners now at the southern 
penitentiary shall be transferred to 
the state penitentiary at Joliet. 

An Act to confine at Joliet all female prisoners who may be 
sentenced to the penitentiary in the state of Illinois, and to 
transfer those female prisoners now confined at Chester, to 
Joliet. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That hereafter when 
a female is sentenced to the penitentiaiy under the laws of this 
State, that the judge so passing the sentence shall send her to 
the penitentiary at Joliet. 

§ 2. That the female prisoners now at the Southern Illinois 
Penitentiary shall be transferred from Chester to the peniten- 
tiary at Joliet, Illinois, upon the order and by the direction of 
the Commissioners of the Southern Illinois Penitentiary. 

§ 3. That the sum of two thousand dollars (|2,000) or as 
much thereof as may be required, be and the same is hereby 
appropriated out of any money in the treasury not otherwise 
appropriated for the purpose of defraying the expenses of trans- 
portation of female prisoners from the Southern Penitentiary at 
Chester, to the Northern Penitentiary at Joliet, and for keeping 
them for the period of two years after the approval of this act, 
said money to be paid out on warrants of the Auditor, upon 
the Treasurer on the direction of a majority of the Board of 
Commissioners of the Joliet Penitentiary signed by the President 
and attested by the Secretary, with the seal of said institution 
attached thereto, from time to time as same may be required 
for the purposes of this act. 

Approved June 1, 1889. 



PHARMACY. 



219 



PHARMACY. 



PRACTICE REGULATED. 



§ 1. Amends sections 2, 4, 6, 
11 of the act of 1881 : 



8, 9, 10 and 



Section 2. Licentiates in pharmacy and 
persons having had five years' 
experience entitled to be registered. 

Section 4. Qualifications of licentiates 
in pharmacy; registry in other 
States. 

Section 6. Organization of the State 
board of pharmacy; secretary shall 
not be a member of the board; 
duties of the board; meetings of 
the board; registry of pharmacists; 
quorum. 

Section 7. Eegistry of licentiates. 



Section 8. Assistant pharmacists; fees 
for registration : may act as clerk or 
salesman. 



Section 9. Fees for 
examination. 



registration and 



Section 10. Annual registration fees; 
retired pharmacists. 

Section 11. Secretary, salary and ex- 
penses; per diem of the members 
of the board and expenses; moneys 
and expenses of the board; pay- 
ment of surplus funds into the State 
treasury; annual report. 



An Act to amend sections two (2), four (4), six (6), seven (7) 
eight (8), nine (9), ten (10) and eleven (11) of an act entitled 
"An act to regulate the practice of pharmacy in the state oi 
Illinois,'' approved May 30, 1881, in force July 1, 1881, as 
amended bv an act approved June 15, 1887, in force July 1, 
1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assemblv: That sections two 
(2), four (4), six (6), seven (7), eiglit fS), nine (9), ten (10) 
and eleven (11) 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, as amended by an act ap- 
proved June 15, 1887,' in force July 1, 1887, be, and the same 
are hereby, amended to read as follows: 

Section 2. Any person shall be entitled to be registered as a 
registered pharmacist, within the meaning of this act, who shall 
be a licentiate in pharmacy, or shall furnish satisfactory evi- 
dence to the State board of pharmacy that he has had five 
years' practical experience in compounding drugs in a drug store 
or pharmacy, wliei-e the prescri]3tions of medical practitioners 
are compounded The said board shall have the i-igiit to refuse 
registration to applicants whose examination or credentials are 
not satisfactory cA'idence of their competency. This provision 
shall also apply to the registration of assistant pharmacists 
hereinafter mentioned. 



220 PHARMACY. 



Section -4. Liceutiates in pharmacy must be persons not less 
than 18 years of age, Avho have had three years' practical 
experience in compounding drugs in drug stores where the pre- 
scriptions of medical practitioners are compounded, and have 
passed a satisfactory examination before the State board of 
pharmacy hereinafter mentioned. The said board may, in their 
discretion, grant certificates of registration to such persons as 
shall furnish, with their application, satisfactory proof that they 
have been registered by examination in some other State: 
Provided, that such other State shall require a degree of com- 
petency equal to that required of applicants in this State. 

Section 6. The said board shall, within thirty days after its 
appointment, meet and organize by electing a president from 
among their members, and a secretary, who shall not be a 
member of the board. The board shall also elect a treasurer 
who is a member of said board. Said board shall prescribe the 
duties and compensation of such treasurer, and shall require 
the said treasurer to give such bond as the said board shall 
direct. The secretar}^ shall pay over to the treasurer all moneys 
that shall come into his hands as such secretary. It shall be 
the duty of t'le board to examine all applications for registra- 
tion submitted in proper form ; to grant certificates of regis- 
tration to such persons as may be entitled to the same under 
the provisions of this act ; to cause the prosecution of all persons 
violating its provisions; to report annually to the Governor 
and to the Illinois pharmaceutical association upon the condi- 
tion of pharmacy in the State, which said report shall also 
furnish a record of the proceedings of the said board for the 
year, and also the names of all the pharmacists duly registered 
under this act. The board shall hold meetings for the exami- 
nation of applicants for registration and the transaction of 
such other business as shall pertain to its duties, at least once 
in six months: Provided, that said board shall hold meetings 
once in every year in the city of Chicago and in the city of 
Springfield, and it shall give thirty daj's' public notice of the 
time and place of such meetings; shall have power to make by- 
laws for the proper fulfillment of its duties under this act, and 
shall keep a book of registration, in which shall be entered the 
names and places of business of all persons registered under 
this act, which book shall also specify such facts as said per- 
sons shall claim to justify their registration. Three members of 
said board shall constitute a quorum. 

Section 7. Licentiates in pharmacy shall, at the time of 
passing their examination, be registered by the secretary of 
the State board of pharmacy as registered pharmacists. 

Section 8. Any person shall be entitled to registration as 
assistant pharmacist who is of the age of 18 years, of good 
moral character, temperate habits, and has had three years" 



PHARMACY. 221 



service under a registered pharmacist, and the time of attend- 
ance at any respectable school of pharmacy shall be accredited 
on the above time, or who shall pass an examination before the 
State board of pharmacy, that shall show competencj^ or 
qualification equal to such service. Each applicant for registra- 
tion by examination as assistant pharmacist shall pa}" to said 
board the sum of five dollars before receiving his certificate of 
registration. Applicants other than by examination shall pay 
to the board a fee of one dollar. Aiij assistant pharmacist 
shall have the right to act as clerk or salesman in a drug store 
or pharmacy during the temporary absence of the owner or 
manager thereof. 

Section 9. Every person applying for registration as a reg- 
istered pharmacist, shall before a certificate is granted, pay to 
the secretary of the board the sum of two dollars; and a like 
sum shall be paid by licentiates of other boards who shall apph' 
for registration; and by every applicant for registration b}" ex- 
amination shall be paid the sum of five dollars: Provided, that 
in case of the failure of any applicant to pass a satisfactory 
examination, his money shall be refunded. 

Section 10. Ever}^ registered pharmacist who desires to con- 
tinue the practice of his profession, shall annually thereafter dur- 
ing the time he shall continue in such practice, on such date as 
the board of pharmacy may determine, of which date he shall 
have thirt}' daj^s' notice by said board, pay to the secretary of 
the board a registration fee, to be fixed by the board, but 
which shall in no case exceed $1.00, for which he shall receive a. 
renewal of said registration. The failure of any registered phar- 
macist to pay said fee shall not deprive him of his right to re- 
newal upon payment thereof; nor shall his retirement from the 
profession deprive him of the right to renew his registration 
should he at anytime thereafter wish to resume the practice, upon 
payment of said fee. Registered assistants, upon i-eceiving no- 
tice as aforesaid, shall, if they desire to renew their registration, 
pay to the secretary of said board an annual fee of one dollar. 
Ever3^ certificate of registration granted under this act shall be 
conspicuously exposed in the pharmacy to which it applies. 

Section 11. The secretary of the board shall receive a salary 
which shall be fixed by the board; and which shall not exceed 
the sum of fifteen htindred dollars (|1,500) per jear; he shall 
also receive his traveling and other expenses incurred in the per- 
formance of his official duties. The members of the board shall 
receive the sum of $5 for each da}^ actually engaged in this ser- 
vice and all legitimate and necessary expenses incurred in at- 
tending the meetings of said boai'd. Said expenses shall be paid 
from the fees and penalties received by the board, under the 
provisions of this act, and no part of the salary or other ex- 
penses of the board shall be paid out of the State treasury. All 
moneys received in excess of said per diem allowance and other 



222 



PRACTICE. 



expenses above provided for shall be held bv the treasurer as a 
special fund for meeting* the expenses of said board, and the cost 
of an annual report of the proceedings of the Illinois pharma- 
ceutical association, and the necessary expenses of said asso- 
ciatiation: Provided, that when the amount of money in the 
hands of the treasurer at any time exceeds two thousand dol- 
lars the amount of such excess shall be paid into the State 
treasur}'. The board shall make an annual report to the Gover- 
nor and to the Illinois pharmaceutical association of all moneys 
received and disbursed by them pursuant to this act. 

Approved June 4, 1889. 



PRACTICE. 



SHORT CAUSE CAT^ENDAR. 



§ 1. 



§ 3. 



C]erks of courts of record shall pre- 
pare a separate "short cause" cal- 
endar. 

Judges shall set apart one day of 
each week for the trial of suits on 
the short cause calendar. 

Limit of time for trial of short 
causes; order of court; payment of 
costs. 



§ 4. Continuances on short cause calen- 
dar. 

§ 5. Causes on the "short" calendar shaU 
be stricken from the regular calen- 
dar. 



An Act to expedite the trial of certain suits at law in courts 

of record. 



Section 1. Be it enacted bj the People of the State of Illi- 
nois, represented in the General Assembly: That it shall be the 
duty of the clerk of each court of record, in this State, to pre- 
pare a trial calendar, in addition to the regular trial calendar 
of each court, to be known as the "short cause calendar." 
Upon the plaintiff, his agent or attorney, in any suit at law 
pending in any court of record, filing an affidavit that he 
verily believes the trial of said suit will not occupy more than 
one hour's time, and upon ten day's previous notice to the 
defendant, his agent or attorney, said suit shall be placed by 
the clerk upon said "short cause- calendar." 

§ 2. It shall be the duty of each judge of a court of record 
engaged in the trial of suits on the common law docket to set 



RAILROADS. 223 



apart and designate at least one day in each week during every 
term of court for the trial of suits upon the "short cause cal- 
endar," and such suits shall be tried and disposed of on said 
days in the order in which they are placed upon such calendar ; 
and such "short cause calendar" shall be a continuous calen- 
dar, and suits once placed upon it shall remain thereon until 
disposed of in their order. 

§ 3. If the trial of any suit which is upon the "short cause 
calendar" shall occupy more than one hour's time, then the 
court may in its discretion stop the trial, take the case from 
the jury and continue it, and the suit shall go to the foot of 
the docket and shall not again be placed upon the "short 
cause calendar"; and the plaintiff shall forthwith pay all costs 
incurred to that time, and in default of such paj^ment the suit 
shall be dismissed at plaintiff's costs. 

§ 4. A suit upon the "short cause calendar" may be passed 
or continued for good cause shown, the same as other suits, 
and if so passed or continued, it shall lose its place upon such 
calendar, but may be again placed thereon. 

§ 5. If a suit which is upon the regular trial calendar, shall 
be placed upon the "short cause calendar," it shall be stricken 
off the regular trial calendar, and shall not again be placed 
thereon, except upon notice to the defendant, his agent or 
attorney. 

Approved June 1, 1889. 



RAILROADS. 



crossings. 



Cost of construction and incidental 
expenses. 



§ 1. One railroad crossing another; con- 
struction of crossings; in ease of 
disagreement the matter may be 
referred to the E. E. & W. com- 
missioners, for decision; compen- 
sation for damages. 

An Act in relation to the crossing of one rmlway by another, 
and to prevent danger to life and property from grade 
crossings. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That hereafter any 



224 RAILROADS. 



railroad company desiring to cross with its tracks the main 
lines of another railroad company, shall construct the crossing 
at such place and in such manner as will not unnecessarily im- 
pede or endanger the travel or transportation upon the raihvay 
so crossed. If in any case objection be made to the place or 
mode of crossing proposed by the company desiring the same, 
either party may apply to the board of railroad and ware- 
house commissioners, and it shall be their duty to view the 
ground, and give all parties interested an opportunity to be 
heard. After full investigation, and with due regard to safety 
of life and property, said board shall give a decision, prescrib- 
ing the place where and the manner in which said crossing shall 
be made, but in all cases the compensation to be paid for 
property actually required for the crossing and all damages re- 
sulting therefrom shall be determined in the manner provided 
iby law^ in case the parties fail to agree. 

§ 2. The railroad company seeking the crossing shall in all 
cases bear the entire expense of the construction thereof, in- 
cluding all costs and incidental expenses incurred in the inves- 
tigation by the board of railroad and warehouse commis- 
sioners. 

Approved May 27, 1889. 



FENCING AND OPERATING. 

§ 1. Amends Sec. 31 act 1874, by striking out the words "at any ]-egular station." 

An Act to fimeiid section thirty-one (31) of an act entitled, 
^^An act in relation to fencing and operating railroads," ap- 
proved March 1, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section 
thirty-one (31) of an act entitled "An act in relation to fenc- 
ing and operating railroads,'' be so amended as to read as 
follows: 

Section 31. If any passenger on any railroad car or train 
shall refuse upon reasonable demand to pay his lawful fare, or 
shall, upon such car or train, use abusive, threatening, vulgar, 
obscene or .profane language thereon, or shall so conduct him- 
self as to make his presence offensive or unsafe to passengers 



RAILROADS. 225 



thereon, it shall be lawful for the conductor of the train to 
remove, or cause to be removed, such passenger from the 
train; but if such conductor shall use, or cause or permit to be 
used, unreasonable force or violence, he shall be liable for all 
damages to the person injured thereby : Provided, that the 
recovery and satisfaction of damages, under the provisions of 
this section, shall not lessen the liability of, or the amount of 
the damage that such corporation may be liable to for such 
acts. 
Approved June 3, 1889. 



REDEMPTION OF DRAWBACK CHECKS. 

§ 1. Eequires the redemption of draw- | §2. Term "railroad corporation" defined, 
back cheeks within ten years, at 
any ticket office of the company; 
refusal to redeem. 

An Act to regulate and enforce the redemption of drawback 
checks issued by raih^oad corporations. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That where any 
railroad corporation issues or causes to be issued or delivered 
by a conductor or other authorized agent what is known as a 
drawback check to any passenger on account of the overpay- 
ment of cash fare by such passenger for transportation over 
any part of such railroad such drawback check shall be redeemed 
by said corporation upon its presentation by the holder at anv 
ticket office of such corporation wdthin ten years after such 
drawback check may have been issued ; and upon refusal of the 
agent of such corporation in charge of such ticket office to 
redeem the same upon such presentation the holder of such 
drawback check may maintain an action against such corpora- 
tion in any court of competent jurisdiction for the recovery of 
the amount of money stipulated in such drawback check, 
together with costs of suit and a reasonable attorney's fee, to 
be fixed by the court where the cause is heard on appeal or 
otherwise, and taxed as a part of the costs of suit. 

§ 2. The term railroad corporation contained in this act 
.shall be deemed and taken to include all companies, lessees, con- 



—15 



226 



REVENUE. 



tractors, persons or association of persons whether incorporated 
or otherwise, owning, operating or using any raih'oads in this 
State. 

Approved June 1, 1889. 



EEVENUE. 



GENERAL LEVY FOR STATE PURPOSES. 



Levies 11,700,000 annually for "revenue" 
and 11,000,000 annually for '•school" 
fund. 



§2. Governor and Auditor shall ( ompute 
the rates necessary to produce the 
amounts levied. 



An act to provide for the necessary revenue for State purposes. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there shall 
be raised by levying a tax by valuation upon the assessed tax- 
able property of the State the following sums for the purpose 
hereinafter set forth. 

For general state purposes to be designated "revenue fund" 
the sum of one million seven hundred thousand dollars (fl,- 
700,000) upon the assessed value of propert}?" for the year A. 
D. 1889; one million seven hundred dollars ($1,700,000), upon 
the assessed value of property for the year A. D. 1890; 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. 1<^89, and the sum of one 
million dollars (f 1,000,000), ■ upon the assessed taxable prop- 
erty for the year A. D. 1890, 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, an^^hing in any other act providing a differ- 
ent manner of ascertaining the amount of revenue required to be 
levied for State purposes to the contrary notwithstanding; and 
when so ascertained the Auditor shall certify to the county 
clerks the proper rates per cent, therefor, and also such definite 



RIVERS. 227 



rates for other purposes as are now or may hereafter be pro- 
vided by law, to be levied and collected as State taxes.; and all 
laws and parts of laws in conflict with this act are hereb^^ re- 
pealed. 
Approved Mav 27. 1889. 



KIVERS. 



LOCKS AND DAMS IN THE ILLINOIS AND DESPLAINES. 



In case of non-acceptance by the U. 
S., within four years the Canal Com- 
missioners shall remove said dams. 



Basis of cession and removal of said 
dam. 



§ 1. Repeals the act of 1887 ceding certain 

locks and dams in the Illinois river 

to the U. S. 
§ 2. Dams at Henry and Copperas creek 

ceded to the U. S., on condition of 

removal. 

An Act in reference to the improvement of the Illinois find 
Des Plaines rivers, and to repeal an act entitled ''An Act to 
cede certain locks and dams in the Illinois river to the United 
States,'' approved May 31, 1887, in force May 31, 1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That an act entitled 
"An Act to cede certain locks and dams in the Illinois river to 
the United States," approved May 31, 1887, in force May 31, 
1887, and ceding the State works at Henry and Copperas 
creek, and the pools created by said works, to the general 
government, upon certain conditions as to the opening of a 
waterway of a depth of seven feet from the Mississippi river 
to Lake Michigan, upon plans to be determined by United 
States engineers, is hereby repealed. 

§ 2. That the State works at Henry and Copperas creek, 
and the river now slack-watered by said works, are hereby 
ceded to the United States, on condition that the dams shall 
be removed whenever the depth now available for navigation 
can be secured and maintained by channel improvement with- 
out the aid of said dams: Provided, that said depth shall be 
assured upon the removal of said dams, or that such removal 
shall not materially impair navigation. 

§ 3. That in the event of the non-acceptance of these works 
upon the conditions mentioned in section 2, within four (4) 



228 ROADS, HIGHWAYS AND BRIDGES. 



years after this act becomes a law, the Canal Commissioners of 
the state of Illinois are authorized and instructed to remove 
the dams at Henry and Copperas creek. 

§ 4. That the state of Illinois bases this act of cession upon 
the condition that the plan of improving the Illinois river 
below La Salle, by slack-water maintained by dams and locks, 
be changed to a plan of improvement by means of an open 
vchannel in conjunction with a water supply from Lake Michigan. 

Approved June 4th, 1889. 



BOADS, HIGHWAYS AND BRIDGES. 



COUNTIES UNDER TOWNSHIP ORGANIZATION. — TAXES IN CITIES, 
TOWNS AND VILLAGES. 

§ 1. Amends section 16, act of 1883, by requiring that one-half of the total levy for roads 
therein shall be paid to cities, towns and villages; in cities of 35,000 inhabitants 
and upwards, the whole of said tax levy. 

An Act to amend section sixteen of an act entitled "An act in 
regard to roads and bridges in counties under township organ- 
ization, and to repeal an act and parts of acts therein named," 
approved June 3, 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 six- 
teen of an act entitled "An act in regard to roads and bridges 
in counties under township organization, and to repeal an act 
and parts of acts therein named," approved June 23, 1883, in 
force July 1, 1883, be and the same is hereby amended so as 
to read as follows: 

Section 16. The commissioners, at said semi-annual meeting, 
shall make a certificate of the rate per centum finally agreed 
upon by virtue of sections thirteen and fourteen of this act; 
also the amount to liquidate road and ditch damages, and shall 
cause such certiiicate to be delivered to the town clerk, to be 
kept hy him on file for the inspection of the inhabitants of said 
town, and the town clerk shall at once certify these two items 
of levy to the county clerk, to be by him extended as one tax 
upon the collector's book of said town, to be collected as other 
taxes, and, when collected, shall be paid to the treasurer of the 



ROADS, HIGHWAYS AA'D BRIDGES. 229 



commissioners by the collector as fast as the same is collected, 
except such rate per cent, as shall be allowed for collecting the 
same: Provided, that one-half the tax required to be levied in 
sections thirteen and fourteen and collected for road and bridge 
purposes, on the property" lying within an incorporated village, 
town or city in which the streets and alleys are under the care 
of the corporation, shall be paid over to the treasurer of such 
village, town or city, to be appropriated to the improvement of 
roads, streets and bridges either within or without said village, 
town or city, and within the township under the direction of 
the corporate authorities of such village, town or city: And, 
pro vided, further, that when any of said tax is expended beyond 
the limits of said village, town or city, it shall be with the con- 
sent of the road commissioners of the town: Provided, further, 
that in all cities of thirty- five thousand (35,000) inhabitants or 
upwards, all of said tax required to be levied and collected 
under said sections thirteen and fourteen within the limits of 
such city, shall be paid over to the treasurer of such city for 
city purposes. 

Approved June 3, 1889. 



COUNTIES UNDER TOWNSHIP ORGANIZATION-;-RECOVERY OF FINES 

AND PENALTIES. 

§ 1. Amends section 74, act of 1883, by reauiring that suits for the recovery of fines and 
lienalties shall be brought in the county to which said road has been allotted. 

An Act to amend an act entitled ''An act in regard to roads 
and bridges in counties under township organization, "' ap- 
proved June 23, 1883, and in force July 1, 1883. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly : That section seventy- 
four of an act entitled "An act in regard to roads and 
bridges in counties under township organization," approved 
June 23, 1883, and in force Juh^ 1, 1883, be so amended to read 
as follows: 

Section 74. All suits for the recovery of any fine or penalty 
under this act, shall b^ brought in the name of the town in 
Avhich the offense is committed, before any justice of the peace 
or police magistrate within the town, who shall have jurisdic- 
tion in such cases to the extent of their jurisdiction in 
other cases: Provided, that all suits for fines and pen- 
alties incurred under this act, on town and county line roads, 



230 



EOADS, HIGHWAYS AND BRIDGES. 



shall be brought in the name of the town to which that part 
of the road shall have been alloted, before any justice of the 
peace or police magistrate 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 penalties under this act; but in case of failure 
of said officers to so prosecute, complaint may be made by any 
person: Provided, said person shall, before bringing suit in the 
name of the town, give a bond for costs, as is provided for in 
case of non-resident. But whenever any pei'son shall enter com- 
plaint to any commissioner, it shall be the duty of such com- 
missioner to at once proceed to investigate as to reasons of 
such complaint, and if such complaint is found to be just, he 
shall at once proceed to prosecution: Provided, further, that 
the commissioners may sue and be sued on all contracts entered 
into by them for the construction and repairing of road and 
bridges, and the judgment, in au}^ such case, against the com- 
missioners, shall be a town charge. 

Approved June 1, 1889. 



COUNTIES NOT UNDER TOWNSHIP ORGANIZATION. 



1. Amends sestions 28, 51, 59, 60, 62, 63, 67, 
76,86 and 102, and adds section 13)2. 

Amends section 23 by permittinT all 
voters residing witliin the district 
to vote. 

Amends section 51 by inserting tlie 
proviso regawiing the control of 
bridges costing above S5,000. 

Amends section 59, by requiring that 
the commissioners shall at this 
meeting determine the amount to 
be expended on roads and bridges 
and keep a record thereof; limita- 
tion of levy; special contingent 
fund. Also fixes the compensation 
of commissioners. 

Amends section 60 by further defin- 
ing exemptions from Uability to 
poll-tax and the manner of collect- 
ing the same. 

Amends section 62, by reducing the 
late per cent, of taxes to 50 cents 
on each one hundred dollars. 



Amends section 63 by regulating the 
tax levy and the distribution of 
moneys collected within the limits 
of cities, towns or villages. 

Amends section 67 by defining how 
aid sliall be granted in the con- 
st uction of bridges, etc. 

Amends section 76 providing that if 
the damages are not paid within 90 
days the road shall be deemed 
vacated. 

Amends section 86, by providing that 
appeals taken on account of dam- 
ages shall not delay the opening or 
altering the road and that title 
shall not vest in the public until 
the damages have been paid. 

Amends section 102 by providing that 
if the damages are not paid within 
90 days the order will be regarded 
as rescinded. 

Adds section ISJb in relation to judg- 
ments for cos'.s. 



EOADS, HIGHWAYS AND BRIDGES. 231 



An Act to an i end sections twenty-three, fifty-one, fifty-nine, sixty, 
sixty-two, sixty-three, sixty-seven, seventy-six, eig'ht,]--six and 
one hundred and two of "An act to provide for the organiza- 
tion of road districts, the election and duties of officers 
tlierein, and in regard to roads and bridges in counties not 
under township organization, and to repeal an act and parts 
of acts therein named," approved May 4, 1887, and in force 
July 1, 1887, and also add thereto section to be numbered 
thirteen and one-half 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That sections 
twenty-three (23), fifty-one (51), fifty-nine (59), sixty (60), 
sixty-two (62), sixty-three (63), sixty-seven (67), seventy-six 
(76), eighty-six (86), and one hundred and two (102), of an 
act entitled "An act to provide for the organization of road 
districts, the election and duties of officers therein, and in re- 
gard to roads and bridges in counties not under township or- 
ganization, and to repeal an act and parts of acts therein 
named," approved May 4, 1887, in force July 1, 1887, be 
amended so as to reacl as follows, and by adding thereto a 
section, to be numbered thirteen and one-half. 

Section 23. All persons possessing the qualifications of voters, 
who reside within the boundaries prescribed for such district, 
shall be entitled to vote at such election. 

Section 51. The commissioners of highways shall have charge 
of the roads and bridges of their res]3ective districts, and it 
shall be their dutj^ to keep the same in repair and improve 
them so far as practicable: Provided, that county boards in 
counties not under township organization, shall have charge 
and control of all bridges, the construction of which cost ex- 
ceeding five thousand dollars, and the county board shall, when 
the interest of the public requires it, build such new bridges as 
cost exceeding that sum. Whenever the available means at the 
disposal of the highwa}^ commissioners will permit it, 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 road making by proper grading and 
thorough drainage by tile or otherwise, as may be expedient, 
and by the application of gravel, rock or other material. 

- Section 59. The commissioners shall meet with the district 
clerk on the second Tuesday in March, and organize by elect- 
ing 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, and shall also deter- 
mine the amount to be expended upon each road under their 
jurisdiction in the district, and the amount to be expended on 
bridges, and shall thereupon make special appropriations there- 



232 ROADS, HIGHWAYS AND BRIDGES. 



for, and cause a record to be made of the same, which fund so 
appropriated shall be used for no other purpose than that for 
w^hich it was appropriated. The aggregate amount so appro- 
priated shall not exceed eighty per cent, of the amount of the 
levy. The remainder of such levy shall be considered and held 
as a contingent fund, to be used after the special appropria- 
tion is exhausted, or in case of an emergency. The commis- 
sioners shall also meet on the second Tuesdays of June, Sep- 
tember and December at some central and convenient place for 
the transaction of an^^ 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 possible. 
Special meetings may be called by the president of the board 
or any two members: Provided, the commissioners shall re- 
ceive compensation for not more than eight days spent in gen- 
eral or speciar meetings per annum. 

Section 60. At the meeting to be held on the second Tues- 
day in March they shall make a list of the able bodied men in 
their 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 highwaj" purposes to be 
paid to such treasurer by the first Monday in June of each 
year: Provided, that paupers, idiots and lunatics, ministers of 
the gospel in actual charge of a church or parish, trustees of 
schools, school directors and other school officers performing like 
duties shall not be -compelled to pay a poll tax for highway 
purposes: Provided, further, that this list shall not include per- 
sons 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 or parth^ written and partly 
printed, notices to be posted in at least five public places in 
such district stating the time when and the place where he will 
be in such road district for the purpose of collecting poll tax, 
which notices shall be posted at least fifteen days before the 
time fixed for the collection of such poll tax, and said notices 
shall be deemed a sufficient demand for said poll tax. It shall 
be the duty of the treasurer to make out and present to the 
commissioners at their regular meeting in June of each year a 
list of those who have not paid their poll tax and the reasons, 
If any were rendered, why such person or persons liaA^e not 
paid. If it shall appear that any such delinquents are poor 
persons and unable to pay their poll tax, but are willing to 
labor upon the roads of such district, the commissioners may 
permit such pooi" person to work out his poll tax upon the 
roads of the district at one dollar per day. The treasurer shall, 



ROADH, HIGHWAYS AND BRIDGES. 233 



within twenty days after the regular meeting in June of each 
year, make complaint under oath before any justice of the peace 
of his county against each person who has paid his poll tax, unless 
good cause be shown why such complaint should not be made, 
and such justice of the peace shall thereupon issue his warrant 
to any constable of his county, against such person complained 
against, and shall, upon his arrest, proceed to hear and deter- 
mine the cause according to law, and in case the issue be found 
against the defendant, he shall be fined in a sum not exceeding 
$25, and not less than double the amount which shall appear 
to be due from him for poll tax, and he shall stand committed 
to the county jail until fine and costs are fully paid: Provided, 
that such person so committed may be discharged from custody 
upon paying the costs of suit and entering into bond, with 
good security, in double the amount of such fine, to be ap- 
proved by the justice of the peace, conditioned that such delin- 
quent shall, within thirty days from the date thereof, dis- 
charge such fine in money or road labor under the direction 
of the commissioners of such road district. All moneys collected 
under the provisions of this act shall be paid to the treasurer 
of the district, and by him reported to the commissioners at 
their next regular meeting. 

Section 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 bi-idges, which levy 
shall not exceed fifty cents on each one hundred dollars: Pro- 
vided, that the county board shall make the first lev.v pro- 
vided for by this act. 

Section 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 b,y him on file 
for the inspection of the inhabitants of said district; and the 
district clerk shall at once certify the said lev}^ 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 commis- 
sioners b}^ the collector, as fast as the same is collected, except 
such rate per cent, as shall be allowed for collecting the same, 
and the district clerk shall, at the same time, deliver a copy of 
such certificate of levy to the clerk of each city, village and 
town wholly or partly in his road district: Provided, that 
one-half the tax provided to be levied in section 63 of this act^ 
and collected for road and bridge purposes on the property 
Ijing within an incorporated village, town or city, in which 
the streets and allej^s are under the care of the corporation, 
shall be paid over to the treasurer of such village, town or 
city, to be appropriated to the improvement of roads, streets 



234 ROADS, HIGHWAYS AND BRIDGES. 



and bridges, either within or without said village, town or city, 
and within the road district nnder the direction of the corpo- 
rate authorities of such village, town or city: Provided, fur- 
ther, that when any of said tax is expended bej'ond the limits 
of said village, town or city, it shall be with the consent of the 
road commissioners of the district. 

Section 67. When it is necessary to construct or repair any 
bridge over a stream, or to construct or repair any other dis- 
tinct and expensive work on a public road in any district, or 
on or near to or across a district line in which work the dis- 
trict is wholly or in part responsible, and the cost of which 
will be more than one hundred dollars, the commissioners of 
such road district may petition the county board for aid, and 
if it shall appear that the construction or repair of such bridge 
or the work on such public highway is necessary to the interest 
of the public, and that the expense thereof will exceed one hun- 
dred dollars, the county board shall make an estimate of the 
cost of such work, and shall thereupon appropriate from the 
county treasury one-half the estimated cost to repair oi* con- 
struct such bridge, or to construct or repair such other distinct 
and expensive work. The expenditure of these funds shall be 
made by the county board, and any surplus funds so appropri- 
ated by the county board, remaining unexpended after the 
completion of the work, shall be paid, or lapse into the county 
treasury. 

Section 76. All public roads established under the provisions 
of this act, shall be of the width of sixty feet: Provided, short 
roads, not exceeding two miles in length, may be of a width 
not less than forty feet nor more than sixty feet, and roads 
called public and private 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 the laying out of 
the same. If the damages resulting from the establishing of 
such roads shall not be paid within ninety days from the time 
it is determined by agreement or final trial, or if such roads are 
not opened within two years from the time of the laying out of 
the same, such roads shall be deemed to be vacated. 

Section 86. They shall, also, before they order any road to 
be established, altered, widened or vacated, ascertain, as herein- 
after provided, the aggregate amount of damages which the 
owner or owners of land over which the road is to pass, shall 
be entitled to by reason of the location, alteration or vacation 
of such road: Provided, however, that in case an appeal is 
taken from the assessment of damages before the justice of the 
peace, the opening and construction of the road shall not be 
delayed thereby, but 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. Such 



SCHOOLS. 235 



order shall not be made, nor shall the title of the land vest in 
the public for the uses specified in the petition until payment or 
tender shall be made of the damages awarded by the jury to 
the owner or owners of the land damaged, the guardian if such 
owner is a minor, the conservator if such owner is an insane 
person, or to the county treasurer if the owner is a non-resi- 
dent of the county or incapable in law to receive said money. 

Section 102. If such road or cartway shall not be opened by 
the petitioners within two years from the time of making the 
order for the location of the same, or if the damages resulting 
from the opening of such road or cartway shall not be paid 
within ninety days from the time it is determined by agree- 
ment or final trial, such order shall be regarded as rescinded. 

Section 13^. In all suits and actions commenced or to be 
commenced for or on behalf of any road district in counties 
not under township organization in this State, or in the name 
of any person for the use of such road district, then, and .in 
every such case, if the plaintiff shall recover any debt or 
damages in such action or suit, the plaintiff shall recover costs 
as any other person in like cases, but if such plaintiff suffer a 
discontinuance or be non-suited or non-prossequied, or verdict 
or judgment pass against such plaintiff, the defendant shall not 
recover any costs whatever, or if suit be brought against such 
road district, and judgment be for the plaintiff, he shall not 
have judgment against such district for costs. 



Approved June 5, 1889. 



SCHOOLS. 



BOAKDS OF EDUCATION AND DIRECTORS IN CITIES. 

§ 1. Amends Sec. 2, act 1879, by authorizing the appointment of a member of such 
boards for the city at large, who shall be president of the board. Amends Sec. 3 
by authorizing the eb ction of a secretary only. 

An Act to amend sections two (2) and three (3) of an act en- 
titled "An act to provide for the appointment of school 
directors and members of the board of education in certain 
cases," approved MAy 29, 1879. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That sections two 



236 SCHOOLS. 



(2) and three (3) of an act entitled "An act to provide for the 
appointment of school directors and members of the board of 
education in certain cases," approved May 29, 1879, be and 
the same are hereby amended so as to read a;S follows: 

Section 2. It shall be the duty of the mayor of such city, at 
the first regular meeting- of the city council, after each annual 
municipal election, and after his installation into office, to 
nominate and place before the council for confirmation as 
school directors or members of the board of education, as the 
case may be, one person from each ward of said city to serve 
for two years, and one person from the city at large to serve 
for one year, and if the persons so appointed shall be confirmed 
by a majority vote of the city council, to be entered of record, 
the persons so appointed, together with such persons thereto- 
fore appointed under the provisions of the act to Avhich this is 
an amendment, whose terms of service shall not expire within 
one year, shall constitute the board of education or school 
directors for such district: Provided, that the person appoint- 
ed from the city at large for one year shall be president of said 
board of education or school directors, but shall have no vote 
in such board excepting in case of a tie: And provided further, 
that the term of office of all persons heretofore appointed un- 
der the provisions of the act to which this is an amendment, 
whose term of office expires Avithin one year, shall terminate at 
the first regular meeting of the city council after the annual 
meeting, and upon the appointment and confirmation of their 
successors. 

Section 3. The said persons shall, as soon as practicable 
after their appointment, organize by electing one of their num- 
ber secretary, who shall hold his office for one year. All rights, 
powers and duties heretofore exercised by and devolved upon 
the members of the city council as ex officio members of the 
board of education or school directors, shall devolve up in and 
be exercised b3^ the members of the board of education and 
school directors appointed under the provisions of this act. 

Whereas, there are certain cities in this State wherein under 
existing law the appointments provided for in this act must be 
made before the first day of July next, therefore an emergency 
exists and this act shall take effect and be in force from and 
after its passage. 

Approved May 28, 1889. 



SCHOOLS. 



237 



COMPULSORY ATTENDANCE. 



§ 1. Children between the ages of 7 and 14 § 4. Prosecutions, how in tituted and 
years shall attend school ; penalties; bi ought, 

private schools, exceptions; school , _ . ,. . 

defined ^ ^' Jurisdiction of cases under this act. 

^ 2. Truant officers, appointment and du- ^ *^- ^^^ repealed, 
ties; truant ch Idren shall be ar- 
rested, and placed in charge of 
teachers; compensation of truant 
officers. 

I 3. False statements as to age and at- 
tendance of children. 

An act concerning the education of children. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That every person 
having under his control a child between the ages of seven and 
fourteen years, shall annually cause such child to attend for at 
least sixteen weeks, at least eight weeks of which attendance 
shall be consecutive, some public day school in the city, town 
or district, in which he resides, which time shall commence with 
the beginning of the first term of the school year, or as soon 
thereafter as due notice shall be served upon the person having 
such control, of his duty under this act. For every neglect of 
such duty, the person offending shall forfeit, to the use of the 
public schools of such city or district, a sum not less than one 
nor more than twenty dollars, and shall stand committed until 
such fine and costs of suit are paid. But if the person so neg- 
lecting, shall show to the satisfaction of the board of education 
or of directors that such child has attended for a like period of 
time, a private day school, approved by the board of educa- 
tion or directors of the city, town or district in which such 
child resides, or that instruction has otherwise been given 
for a like period of time to such child, in the branches 
commonly taught in the public school; or that such child has 
already acquired the branches of learning taught in the public 
school; or that his physical or mental condition, as declared 
by a competent phj^sician, is such as to render such attendance 
inexpedient and impracticable, then such penalty shall not be 
incurred. Such fine shall be paid, when collected, to the school 
treasurer of such city or township, to be accounted for b}' him 
as other school money raised for school purposes. But no 
school shall be regarded as a school under this act unless there 
shall be taught therein in the English language, reading, writ- 
ing, arithmetic, historj^ of the United States, and geography. 

§ 2. It shall be the duty of the Board of Education in 
every city and the board of school directors in ever school dis- 
trict, to appoint one or more truant officers, whose duty it shall 



288 SCHOOLS. 



be, carefully to enquire concerning all supposed violations of 
this act, and to enter complaint against all persons who shall 
appear to be guilty of such violation. It shall also be the dut}^ 
of said officer to arrest children of a school-going age, who 
habitually haunt public places, and have no lawful occupation, 
and also truant children who absent themselves from school 
without leave, and to place them in charge of the teacher having- 
charge of the public school which the said children are by law 
entitled to attend. And it shall be the duty of said teacher to 
assign said children to the proper classes, and to instruct them 
in such studies as they are fitted to pursue. Said truant offi- 
cers shall have such compensation for services rendered, under 
this act, as shall be determined by the board of education or 
the board of directors appointing such officer, which compensa- 
tion shall be paid from the distributable school fund. 

§ 3. Any person having control of a child, who with 
intent to evade the provisions of this act, shall make a willful 
false statement concerning the age of such child, or the time 
such child has attended school, shall, for such offence, forfeit a 
sum of not less than f3 nor more than |20 for the use of 
the public schools of such city or district. 

§ 4. Prosecutions under this act shall be instituted and 
carried on by the authorities of such boards, and be brought 
in the name of the People of the State of Illinois for the use of 
the school fund of said city or township. 

§ 5. Police, municipal courts, justices of the peace and 
judges of the county court, shall have jurisdiction within their 
respective counties of the offences described in this act. 

§ 6. An act to secure to all children the benefit of an 
elementary education" approved June 23, 1883, in force July 
1, 1883, is hereby repealed. 

Appkoved May 24, 1889. 



SCHOOLS. 



239 



KEVISION. 



Article I. 



STATE SUPERINTENDENT. 



1. Election of State Superintendent of 

Public Instruction in 1890; term of 
office. 

2. Oath of office; bond: oath and bond 

deposited with the Secretary of 
State, 

3. Salary; office expenses. 

4. Duties defined— 

1. Office at the seat of government. 

2. Pile reports and papers trans- 

mitted by s hool officers; each 
year to be filed separately. 

3 Records and papers @f his office 
to be kept and preserved and 
to be exhibited to the Governor 
or the General Assembly. 

4. To keep a fair record of the busi- 

ness transactions of his office. 

5. To pay over all moneys coming 

into his hands to the parties en- 
titled thereto. 

6. To counsel and advise with prac- 

tical teachers as to the best in- 
terests of schools. 

7. To supervise aU common schools. 

8. General adviser to county super- 

intendents. 

9. To advise county superintendents 

by circular as to the best methods 
of conducting schools, construct- 
ing and furnishing school houses 
and procuring teachers. 

10. Biennial report to the Governor; 

contents thereof; laid before the 
General Assembly. 

11. To make rules and regulations as 

shall be necessary to carry into 
effect all laws for government 
and control of free schools. 



12. To be the legal adviser of school 

officers, and upon request shall 
give his opinion in writing upon 
school law. 

13. To hear and determine all contro- 

versies under the school laws 
on appeal from county superin- 
tendents. 

14. To receive and file reports from 

coun'y superintendents as re- 
quired by this act. 

15. To grant State certificates to 

teachers as provided by this act. 

16. Member er- officio of the board of 

trustees of the State normal 
universities. 



17. 



Member ex-officio of the State 
board of education. 



18. Report to the General Assembly 

condition and expenditures of 
the Normal university. 

19. Yisit State educational charitable 

institutions, examine facilities 
and to prescribe form of re- 
ports. 

§ 5. Powers defined— 

1. To cause the county superintend- 

ents to withhold school funds 
until school officers and teachers 
have complied with the law. in 
regard to making reports, returns 
and schedules, accounted for all 
funds, and filed official bonds. 

2. To require county superintendents 

to furnish such information as 
he may desire for his report. 

3. To require township trustees to 

make special reports. 

4. To remit forfeiture of the school 

fund. 



240 



SCHOOLS. 



To designate school statistics to 
be furnished by school officers 
to the county superintendent. 

To authorize county superintend- 
ents to procure assistance in 
conducting teachers' institutes. 

To requite annual reports by 
municipal authorities operating 
schools under special charters. 

To require reports from the proper 
officers of private educational 
and literary institutions. 



9. To require the Auditor of PubUc 
Accounts to withhold from any 
county its share of the interest 
fund, or the per diem of county 
superintendents until the latter 
has complied with this act in 
making his report. 

The S'ate Superintendent shall not 
be interested in the proceeds of the 
sale of books, furniture or appara- 
tus; penalties for violation hereof. 



Aeticle II. 



COUNTY SUPERINTENDENTS. 



§ 1. Election of county superintendents 
of schools in 1890; term of office. 

I 2. Oath of office; official bond. 

5 3, Form of bond; filed with the county 
clerk. 

S 4. Liability on the bond, 

5 5. New bond. 

5 6. County board shall provide an office, 
and furnish the same. 

•I 7. Kemoval for cause by the county 
board. 

S 8. Vacancy in office, how filled. 

5 9. Time of employment per annum; 
limitation of number of days. 

5 10. Assistants may be employed; com- 
pensation. 

5 11. Commissions for services rendered 
on land sales and funds distributed, 
per diem and expenses. 

.§ 12. Itemized accounts for services must 
be rendered to the county board; 
audited by the board, certified by 
the clerk aud transmitted to the 
State Auditor; the Auditor shall 
issue his warrant for the amount 
and deduct the same from the 
amount due from the State to the 
school fund. 

S 13. Duties defined— 

1. Sell land, issue certificates of pur- 
chase, make report thereof and 
perform the duties enumerated 
in article 13 of this act. 



10. 



To register appUcants for admis- 
sion to the Normal universiiies 
and University of Illinois, and 
to assist in the examination of 
the same. 

To visit each school in his county 
at least once in each year ; visit- 
ing ungraded schools. 

He shall, while visiting, observe 
the methods, discipUne, text 
books, general condition, etc. 

He shall give such instruciiou to 
teachers as he may deem ex- 
pedient and necessary. 

He shall act as the official adviser 
of school officers and teachers 
and in th^s duty shall be gov- 
erned by the advice and instruc- 
tion of State superintendent. 

He shall conduct teachers' insti- 
tutes and other meetings. 

He shall labor to elevate the stand- 
ard and to improve the condi- 
tion of the schools. 

He shall examine, at least once 
each year the accounts of the 
township treasm-ers; irregulari- 
ties shall be reported to the 
trustees. 

He shall examine all notes and 
bonds and the secm-ities thereof 
in the hands of the township 
treasurer, and shall report infor 
mahties and deficiencies in writ- 
ing to the trustees. 



SCHOOLS. 



241 



11. He shall give notice of the elec- 

tion of trustees when the town- 
ship treasurer or trustees fail 
or refuse to a t. (Article 3. Sec- 
tion 15.) 

12. He shall file and keep the poll- 

book and returns of any election 
reauired to be returned to his 
offlee. 

13. He shall investigate and deter- 

mine all matters relating to 
boundaries of districts, which 
may come to him on appeal, and 
give notice of his decision to the 
township treasurer. 

14. He shall give notice of the elec- 

tion of directors when the town- 
ship treasurer or directors fail 
or refuse to act. (Art. 5, Sec. 9.) 

15. He shall hold meetings for the 

examination of teachers. (Art. 7, 
Sec. 7.) 

16. He shall grant certificates to 

te.ichers, as provided in Sec. 3, 
Art. 7 of this act, and shall keep 
a record thereof ; he shall keep- 
a record of all teachers em- 
ployed in teaching in his county. 

17. He shall keep an account of all 

moneys in the "institute fund," 
and report the same to the 
county board. (Art. 7, Sec. 9.) 

18. He shall present to the county 

board an annual report. (Art. 
11, Sec. 3.) 

19. He shall, on or before Septem- 

ber, annually, notify district 
officers of the amount of money 
paid by him to township treas- 
urers. 

20. He shall, on or before July 15, 

annually, receive and file sta- 
tistical reports from trustees. 

Powers of county superintendent de- 
fined— 

1. To recLuire the trustees to report, 

as provided in Art. 3, Sec. 28, of 
this act. 

2. To recommend to the State Su- 

peiintendent a remission of 
penalties for failure to report. 



3. To renew teachers' certificates. 

4. To revoke certificates for cause. 

5. To orescribe in what manner 

town-hip treasurers shall keep 
their accounts. 

6. To bring suits against county col- 

lectors for failure to pay state 
warrants, as per Art. 13, Sec. 5. 

7. To remove directors from ofiice 

for failure to perform his duties. 

8. To sell and lease school lands, as 

provided in Art. 13, Sec. 26. 

§ 15. Books of record and account. "A" 
petitions for sale of lands and cer- 
tificates of valuation. "B" account 
of lands sales. "C" loans, receipts 
and disbursements of money; each 
township fund to be kept separate. 

§ 16. Statement of account annually to the 
county board, in writing, in full. 

§ 17. Biennial report, or oftener if re- 
quired, to the State Superintendent, 

§ 18. In case of failure of the trustees to 
furnish statistical and other inform- 
ation, it shall be the duty ot the 
county superintendent to employ 
some competent person to examine 
the books and furnish the informa- 
tion desired; compensation shall be 
made to the person so employed, 
and the county superintendent shall 
proceed to collect the amount by 
proceeding against the trustees in 
their individual capacity. 

§ 19. Bonds of township treasurers, ap- 
proval and record thereof. 

§ 20. Apportionment of funds to the sev- 
eral townships. 

§ 21. Any funds, not interest, may be 
loaned by the county superintendent, 
the same as by trustees. 

§ 22. In controversies under the school 
law the opinion of the county su- 
perintendent shall first be taken; 
appeals may be taken therefrom to 
the State Superintendent. 

§ 23. At the close of his term of office, the 
county superintendent shall turn 
over all moneys, books, papers and 
property. 



—16 



242 



SCHOOLS. 



Article III. 



• TOWNSHIPS AND TRUSTEES. 



§ 1. Each congressional township shall 
be a school township. 

§ 2. Fractional townships, consolidation 
with adjacent townships. 

§ 3. Business of the township; trustees; 
election. 

§ 4. Trustees body corporate of perpetual 
existence; powers. 

§ 5. Election of trustees in April annu- 
ally. 

§ 6. First election under this act; term 
of office. 

§ 7. EUgibility; two trustees shall not re- 
side in he same district; one per- 
son shall not hold the office o 
trustee and director at the same 
time. 

§ 8. Notice of election by township treas- 
urer; how given; form of notice. 

§ 9. First elections for trustees; county 
clerk shall give the notice. 

§ 10. Term of office at first election to be 
determined by lot; annual election 
thereafter; notice as in other cases. 

§ 11. Judges and clerk of elections in in- 
corpoi'ated townships; trustees 
present shall act; in case of absence 
or refusal judges shall be chosen; 
in cities where the election law of 
1885 is in force that act shall govern; 
in unincorporated towns judges shall 
be chosen by the voters present. 

§ 12. Qualification of voters at school 
elections. 

§ 13. General election laws applicable to 
school elections; time of opening 
and closing polls. 

§ 14. Postponement of election on account 
of small a. tendance or other cause. 

§ 15. Failure o1 township treasm-er to give 
notice of regular election of trustees ; 
in case of vacancy notice by county 
superintendent. 

§ 16. Elections to fill vacancies; notice 
thereof. 

§ 17. Tie vote decided by lot. 



§ 18. Polhng places, number of; judges, 
how chosen; judges shall make 
return to township treasurer; can- 
vass of vote by trustees; result cer- 
tified to county superintendent. 

§ 19. In counties under township organi- 
zation, in townships identical in 
boundary, elections for tiustees 
shall be held at the time of the- 
town elections; specia' elections. 

§ 20. Copy of poll-book duly certified by 
the judges to be dehve ed within 10' 
days to the county superintendent, 
and filed in his office ; failm-e to 
deUver such poll-book; penalties. 

§ 21. County cle;k shall furnish county 
superintendent w th list of trustees 
elected at town elections. 

§ 22. Organization of the board of trus- 
tees; election of treasurer. 

§ 23. President and treasurer of board; 
term of office; removal for cause. 

§ 24. Duties of president and clerk; presi- 
dent and clerk i)ro tern. 

§ 25. Regular semi-annual meetings in 
April and October; special meet- 
ings; how called; quorum for busi- 
ness. 

§ 26. Trustees at semi-annual meetings 
shall ascertain the amount of funds 
on hand and apportion the fame. 

§ 27. Treasurer shall credit districts with 
the amount apportioned, which shall 
be subject to the order of the direc- 
tors. 

§ 28. Trustees shall prepare or cause to 
be p.epared, biennially, from the 
1st day of July, an exhibit of the 
condition of the schools in their 
respective townshirs: enumerated 
items which shall be contained in 
said statement; failure to furnish 
such statement; penalty. 

§ 29. Townships divided by county 
lines; sepai-ate enumerations and 
reports to be made to the county 
superintendents of the respective 
counties, when practicable; other- 
* wise to the county superin endent 
of the county in which the 16th sec- 
tion is situated. 



SCHOOLS. 



243 



§ 30. Trust es at the semi-annual meet- 
ings, and at such o her times at 
ihey may deem proper, shall ex- 
amine books, papers, notes, mort- 
gages, etc., and make such orders 
respecting their security, collection 
and correction as may seem neces- 
sary. 

§ 31. Trustees may rei'eive gifts, grants 
and donaiions; title of property 
shall vest in trustees; supervision 
and control of school houses and 
school sites shall vest in the direc- 
tors. 

§ 32. Trustees may sell and convey, upon 
petition, property no longer con- 
venient or necessary for the use of 
the schools; notice of sale; form of 
notice; proceeds of sale. 

§ 33. Conveyances shall be made to the 
board of trustees in their corporate 
name and to their successors in 
office. 

§ 34. Township treasurer sole legal cus- 
todian of township and district 
funds; trustee ^ may remove treas- 
urer for cause; may bring suits 
upon his bond for damages. 

§ 35. Trustees may purchase real estate 
in satisfaction of judgments and de- 
crees; title shall vest in the trus- 
tees for the benefit of the township. 

§ 36. Trustees invested with power to 
make se'tlement on account of in- 
debtedness. 

§ 37. Trustees may sell or lease lands at 
pubhc sale taken on judgments or 
in settlements. 

§ 38. Township high schools; petition and 
notice of an election therefor. 

§ 39. Canvass of votes of such elections. 

§ 40. If a majority of the votes are in favor 
of a higfi scjiool ihe trustees shall 
give notice of an election of a town- 
ship board of education; term of 
office; vacancies, how filled; organi- 
zation of Ihe board; the high school 
shall be established at some central 
point in the township. 

§ 41. Township shaU be regarded as a dis- 
trict, of which the board of educa- 
tion shall be directors. 

§ 42. Two or mo:e adjoining townships 
may establish a high school, by 
written agreement. 



high school; proceed- 



§ 43. Discontinuing 
ings. 

§ 44. Canvass of votes on discontinuing 
high schools; if the result of elec- 
tion is in favor of discontinuing, 
the trustees shall discontinue siid 
school and turn over, the assets to 
the school fund of the townships 
entitled thereto. 

§ 45. Tiustees shall not be interested in 
the proceeds of the sale of any 
books, furniture or apparatus; pen- 
alties. 

§ 46. New townships; formation of dis- 
tricts. 

§ 47. Changing boundaries and organizing 
new districts; how and in what 
manner changes may be made. 

§ 48. No changes sha 1 be made as pro- 
vided in section 47 except upon peti- 
tion. 

§ 40. Changes of boundaries in districts 
having a population of 1,000 and 
over may be submitted to vote ; the 
question shall not be submitted to 
vote oftener than once in each year 
in any district. 

§ 50. Fihng petition for change of bound- 
aries; notice of petition. 

§ 51. Changes of boundaries in adjacent 
districts in diiferent townships may 
be made at the April meeting by 
concurrent action. 

§ 52. Info' malities in the petitions for 
change of boundaries; adjournment 
of the trustees to correct. 

§ 53. Hearing of petitions and decision 
by the board of trustees. 

§ 54. Appeals from decision of trustees to 
the county superintendent; notice 
of appeal; form of notice. 

§ 55. When an appeal has been taken the 
clerk of the trustees shall transmit 
the papers and a transcript of the 
record; the county superintendent 
shall consider the appeal, make such 
order as he may deem for the best 
interest of the district; his decision 
shall be final and he shall notify the 
clerk of his action; if the changes 
shall be made the clerk shall record 
the decision and furnish the county 
clerk a map of the district and a 
Ust of the tax-payers. 



244 



SCHOOLS. 



5 56. Appeals taken in districts divided by 
counties may be to the county 
superinrendent of any one of the 
counties; notice shaE be given to 
the superintendents of the other 
counties, and the appeal shall be 
lieard and determined by them 
jointly. In case of disagreement 
the county judge i-hall be called and 
•constitute one of the board to hear 
•and determine the appeal. The 
superintendent to whom the appeal 
was taken shall notify the clerk of 
the trustees of the decision in the 
case. 

57. When changes in boundaries are 

made by the trustees, and theii- 
action is accepted as final, the clerk 
shall make a copy of the rectrd, 
which shall be certified by the 
president of ihe board and filed 
together with a map and an accu- 
rate list of the taxpayers in the new 
district. 

58. Bonded indebtedness in districts in 

which boundaries have been 
changed ; how treated. 

59. Election of directors in new districts ; 

notice of election: form of notice. 

60. Judges and clerk of said election; 

how. conducted. 



61. 



Organization of said board; term of 
office. 



§ 62. New dist icts organized by the 
action of the county superintendent: 
election of directors therein the 
same as in other cases. 

§ 63. Distribution of funds to new dis- 
tricts. 

§ 64. Appraisement and apportionment of 
property to new districts. 

§ 65. Trustees shall be per.-onally liable 
for a failure to distribute funds and 
property in accordance with the 
piovisions of sections 63 and 64. 

§ 66. Clerk of the board of trustees, penal- 
ties for failure or neglect of duty. 

§ 67. Districts failing to mainta n a school 
for two years shall be attached to 
other districts; the clerk shall file 
re. 01 d, map and list of taxpayers 
the s-ame as in case of change of 
boundaries. 

S 68. Dissolution of districts lying in two 
or moie townships; proceedings. 

§ 69. Trustees of schools elected under the 
provisions of this act shall be the 
legal successors of trxistees elected 
under the provisions of former 
acts; all rights of pioperty and 
rights and causes of action shall 
vest as fully as in trustees of school 
land and trustees of schools as 
aforesaid. 



Article IVr 



TOWNSHIP TREASURER. 



Township treasurer shall, before en- 
tering upon his duties, give bond 
which shall be filed with the county 
superintendent; amount of bond; 
increa-e of bond; form of bond. 

Books to be kept by the treasuier; 
manner of keeping and entries to 
be made; "journal" and "record" 
books; books shall be open to in- 
spection by all authorized persons 
and oificeis. 

Loans by treasurer; rate of interest; 
time of loans; security; loans to 
boards of directors. 



§ 4. 



§ 7. 



Notes, mortgages, etc., shall be taken 
in the corporate name of the boardj 
of trustees; also all legal p oceed- 
ings to collect loan or enforce con-J 
tract shall be in the corporate name 
of the trustees. 

Loaning district funds, how made. 

Financial statement shall, June 30,* 
annually, be furnished by the treas- 
urer to county superintendent.,^ 
which statement shall be preserved.' 

Mortgages; form of mortgagen 
acknowledging and recoiding; re-tj 
lease of mortgages. 



SCHOOLS. 



245 



8. Actions for foreclosure; prescribed 
form of mortgage not material; 
yalue of improvements may be in- 
cluded in estimating the value of 
real estate as security, but in such 
case the improvements shall be in- 
sured and the policies assigned to 
the mortgagee. 

9. Failure to giA'e additional security for 

loans shall be cause of action to 
foreclose. 

10. Indebtedne s due from estates shall 

be classed as preferred claims. 

11. Default in payment of interest on 

loans; penalties; actions for recov- 
ery; actions for the recovery of in- 
terest only; jurisdiction of justices 
in such cases. 

12. Suits and actions begun in the name 

of the trus'ees; qtii tarn actions. 

13. Township treasurer custodian of all 

moneys, books and papers belong- 
ing to the township: township fund 
shall be loaned; interest funds not 
required for distribution transferred 
to the permanent fund. 

14. Semi-annually in April and October 

the township treasurer '^hall lay 
before the trustees a financial state- 
ment and all books and evidences 
of indebtedness for examination. 

15. Annual financial statements shall be 

presented at the meeting of the 
trustees succeeding the annual 
election. 

16. Semi-annual statements in April and 

July shall be made out and de- 
livered to the boai'd of directors of 
each district in the township. 

17. Failure of treasurer, clerk or direc- 

tors to comply with the provision ^ 
of this article; penalties.' 

18. Teachers' warrants ; unpaid shall draw 

interest from date of presentation 
to township treasurer until pay- 
ment, or notice, at 8 per cent.; en- 
dorsement and record of treasurer. 

19. Duties of township treasurer fm-ther 

defined— 



1. He shall ia August, annually, re- 

turn to the county clerk the 
certificate of tax levy made by 
each board of directors. 

2. He shall pay all lawful orders 

dnwn on him by boards of 
•directors when he has in his 
hands money belonging to the 
district. 

3. He shall collect from the township 

and county collector the amount 
of taxes levied by the several 
boards. 

4. He shall in April and October 

examine the official record of 
each school district. 

5. He shall keep accounts between 

the districts when pupils are 
transferred. 

6. He shall give notices of elections. 

7. He shall give notice of the elec- 

tion of directors in new dit^triets. 

8. He shall cause to be published in 

some newspaper published in 
the county an annual statement 
of the finances of the township. 

9. He shall, when changes have been 

made in the boitndaries of a 
district, make a copy of the 
record, a map of the district, a 
list of taxpayers and file with 
the county clerk. 

10. He shall file and keep all poll- 

books and election returns. 

11. He shall receive and keep all 

moneys, papers, se urities and 
effects belonging to the town- 
ship or districts. 
§ 20. Liability of the township treasurer 
for failure to perform the duties re- 
quired by this act; liability of trus- 
tees in certain cases. 

§ 21. Surrender, at close of term, or hi-^ 
representative'^, of all money, books, 
papers, securities, etc., to his suc- 
cessor in office; penalties; judg- 
ment; liability on bond. 

§ 22. Compensation for services to be 
fixed prior to election. 



246 



SCHOOLS. 



Article V. 



BOARD OF DIRECTORS. 



§ 1. Election of directors in districts of 
less than 1,000 inhabitants*; excep- 
tions; board shall consist of three 
members. 

§ 2. Bodies politic; corporate powers. 

§ 3. EUgibility to the office of school di- 
rector; trustee can not be a director. 

§ 4. Removal from district vacates the 
office. 

§ 5. Annual election third Saturday in 
April; term of office. 

§ 6. Election in new districts; notice of 
election; term of office deeded by 
lot. 

§ 7. Elections to fill vacancies. 

§ 8. Notice of elections; posting notice. 

S 9. Fdilure of directors to order an elec- 
tion; townsh p treasurer in that 
case shall ac ; if ihe treasurer fail 
the county superintendent shall act. 

§ 10. Directors shall act as Judges and 
clerk of elections; in case of failure 
of directors to attend -Judges shall 
be chosen; postponement of elec- 
tion. 

§ 11. Tie vote decided by lot. 

§ 12. Returns of election to township 
treasurer. 

§ 13. Union districts; how and to whom 
returns shall be made. 

§ 14. Failure to return poll-book; penal- 
ties. 

§ 15. Directors shall meet and organize 
within ten days. 

§ 16. Quorum for bvisiness. 

§ 17. Clerk of the board shall keep a rec- 
ord. 

§ 18. Regular and special meetings of di- 
rectors. 

§ 1!>. Official business shall be transacted 
at a regular or special meeeting. 

§ 20. Officers of the board pro tern. 

§ 21. Clerks of boards shall report the 
r\ames of presidents and clerks to 
township reasurers. 



§ 22, Clerk shall in July, annually, make 
statistical repoit to the township 
treasurer. 

§ 23. Directors sha'l not be interes ed in 
c ontracts. 

§ 24. Directors shall not be interested in 
the sale of any school books, furni- 
ture or apparatus. 

§ 25. ■ Penalties under the two preceding 
sections. 

§ 26. Duti^^s of directors defined— 

1. To make a detailed report at the 

annual election; copy to be 
transmitted to the treasurer. 

2. To report to the county superin- 

tendent the names of all teach- 
ers employed, and the time of 
employment. 

3. To provide the necessary revenue 

for their dis licts. 

4. When a district is composed of ■ 

parts of two or more townships, 
to designate the township treas- 
urer who is to receive the tax 
money. 

5. To establish and conduct schools 

as herein required. 

6. To adopt and enforce rules for the 

government of the sc hools. 

7. To visit the schools. 

8. To appoint teachers and fix their 

salaries. 

9. To designate the branches of 

study and to select the text- 
books and apparatus; text- 
books shall not be changed 
oftener than once. in four years 

10. To piu-chase text-books for child- 

ren whose parents are unable to 
provide them, which shall be 
loaned to such children. 

11. To deliver to the treasurer July 

7, annually, teachers' schedules 
duly made and certified; lia- 
bility for failure. 



SCHOOLvS. 



Z4t< 



12. Directors s-hall pay no money to 

any teacher unless such teacher 
shnll have a certificate of auali- 
flcation, obtained under the 
■ provi-ions of tliis act. 

13. Directors shall not pay any money 

10 teachers who liaA'c not fur- 
nished i^chedules, and satisfac- 
torially accounted for the prop- 
erty, in their charge. 

14. T achers' wages shall be paid 

monthly; schedules shall be fur- 
nished and duly certified before 
order i-s drawn. 

15. Directors shall cause a copy of 

financial report of the township 
to be posted -ot the annual elec- 
tion of directors. 

§ 27. Powers of directors defined— 

1. To purchase books of record; rec- 

ords shall be properly kept. 

2. 1o allow compensation to clerks. 

3. To dismiss teachers for incompe- 

tency and other ufflcient cause. 

4. To assign pupils, and to admit 

non-resident pupils, fix i-ates of 
tuition thereto , and to collect 
the same. 

5. To suspend or expel pupils for 

cause; no action shall lie for 
such act. 

6. To provide that children under 12 

years may not be in school over 
■ four hours daily. 

7. To appropriate money for the pm-- 

chase of library and apparatus 
out of surplus funds. 

S. To sell at public or private sale 
any personal property not 
needed for school purposes. 

9. They may grant special holidays; 

teachers shall not be required 
to make good lost time in such 
cases. 

10. They shall have control and 

supervision of school houses, 
and may grant temporary use 
thereof for proper purposes, 
when not occupied by the school. 

11. They shall decide when school 

sites or bui ding have become 
unnecessary, unsuitable or in- 
convenient for school pm-poses. 



12. They may borrow money and is- 
sue bonds therefo ■ for sites, 
buildings, repairs and improve- 
ment'^ as provided in article 9 
of this act. 

§ 28. No order or warrant, payable on de- 
mand, shall be drawn by the direc- 
tors upon the the township treas- 
' lu-er unless there are sufficient 
funds in the 'reasiiry to pay it, ex- 
cept as to orders for teachers' wiges. 

§ 29. Orders and warrants may be drawn 
for ordinarv expenses in anticipa- 
tion of the tax levy to the extent of 
75 per cent, thereof; such order shall 
show upon their face that they are 
so issued, and the taxes against 
which they are drawn shall be set 
aside for their payment. 

§ 30. Directors sha'd be liable in their offi- 
cial capacity for balances due teach- 
ers and for debts legally contracted, 

§ 31. Boards of directois shall not pur- 
chase a school site, build or move' 
a school house, or levy a tax for 
more than nine months school in 
one year without first submitting 
the question to a vote of tne people; 
a ma'ority vote shall authorize the 
directors to act; the directors may 
also act upon a plurality vote and 
select such site as in their judg- 
ment may be for the public interest; 
sites may be taken by condemna- 
tion proceedings. 

§ 32. If the price to oe paid for a school 
site can not be agreed upon, then 
the directors sha 1 cause proceed- 
ings to be instituted for condemna- 
tion: no tract of land lying outside 
of an incorporated city or village 
within 40 rods of a dwel ing shall 
be taken without the consent of 
the owner. 

§ 33. Directors, for wilfull neg ect of duty, 
may be removed from office. 

§ 34. Money shall be paid out only upon 
the order of the directors; form of 
order. 

§ 35. Pupils shall not be transferred from 
one district to another without the 
written consent of the directois of 
both districts; schedules in such 
cases, how made and credited. 

§ 36. Tuition, collection of when trans- 
feired from another tonwnship. 



248 



SCHOOLS. 



Article VI. 



BOARD OF EDUCATION. 



1. Cities and villages, except those in 

which the schools ar * operated 

under special charters, shall consti- 

' tute part of the school township 

and be subject to the general law, 

2. Election of boards of education; how 

constituted; additional members; 
limitation of membership. 

3. President of the board; election; 

term of otfice. 

4. Duties of the president defined. 

5. Ann'ial election for member^,^of the 

board. 

6. Notice of election; form of notice. 

7. Failure to give such notice. 

8. Manner of conducting elections. 

9. First election under this act. 



Powers and duties of boards of edu- 
cation defined— 

1. They shall establish and provide 

support for schools. 

2. They shall repair, improve and fur- 

nish school houses and schools. 

3. They shall examine and employ 

teachers and fix their sa'aries, 

4. They shall estabhsh graded schools. 

5. They shall buy and lease school 

sites when authorized by a vote. 

6. They shiU levy an annual tax for 

the support of schools, as pro- 
vide 1 by law. 

7. To employ, when deemed expe- 

dient, superintendent of schools, 
fix their salaries and to pre- 
scribe their duties. 

8. To create sub-districts and to 

alter the same. 

9. To visit the public schools, 

10. To . prescribe the methods and 

course of instructioii and dis- 
cipline. 

11. To expel pupils for cause. 

12. To dismiss any teacher for cause. 

13. To apportion the scholars among 

the schools. 



14. To estabhsh and maintain rules 

and regulations for the proper 
discipline of the sc"hoo]. 

15. To have the care and custody of 

the school houses, grounds and 
property. 

16. To provide fuel and other neces- 

sary supplies. 

17. To appoint a secretary to keep a 

re^'Ord of their proceedings. 

18. To prepare and publish an annual 

report. 

§ 11. Q lestions involving an expenditure 
of money shall be decided by a yea 
and nay vote. 

§ 12. Powers conferred shall only be ex- 
ercised at regular or special meet- 
ings. 

§ 13. Title to real estate shall vest in the 
trustees of schools in trust. 

§ 14. Moneys shall be held by township 
treasurer as a special fund, and be 
subject to the order of the board. 

§ 15. Schools operated under special acts 
may abandon the special act and 
adopt thi^ act; proceedings for the 
adoption of this act. 

§ 16. Oi-ganization under this law, how 
aecomp ished; election of. directors 
and boards of education; subse- 
quent elections. 

§ 17. Boards of education in ci'ies of over 
100,000 inhabitants; term of office; 
boards now in office; successors. 

§ 18. Eligibility to membership. 

§ 19. Officers and employes of the board; 
duties and compensation. 

§ 20. Eecord of proceedings; upon all 
questions involving the expenditure 
of money the yeas and nays shall 
be entei ed. 

§ 21. Powers and duties of the board, with 
the concurrence of the city council, 
defined— 

1. To erect and purchase buildings 
for schools. 



SCHOOLS. 



24.9 



2. To buy or lease sites. 

3. To borrow money on the credit of 

the city for building purposes, 
to issue bonds therefor and to 
provide for their payment. 

22. Boards of educa' ion shall have power— 

1. To furnish schools wiih fixtures, 

furni'-ure and appai-atus. 

2. To estabhsh and maintain schools. 



To hire rooms for the use of the 
board. 

To hire rooms or buildings for the 
use of the schools. 

To employ teachers and fix their 
compensation. 

To prescribe text books and 
studies. 

To divide the city into school dis- 
tricts, to alter the same and 
create new ones; to have general 
management of the schools and 
to do all things necessary for 
their support. 

To expel pupils for cause. 

To dismiss tea?hers for cause. 

To apportion scholars. 

To lease property and loan money. 



§ 23. It shall be the duty of boards of 
education— 

1. To take entire control of the 

schools in cities of this class. 

2. To examine applicants for teachers 

and to issue certificates without 
cost. 

3. To visit the schools. 

4. To establish rules and regulations 

to secure discipline. 

5. To employ teachers and to fix 

their compensation. 



6. To have the care and custody of 

school houses, grounds and 
property belonging to the dis- 
trict. 

7. To furnish fuel and other supplies- 

for the rise of the schools. 

8. To make inquiry as to the pro- 

gress of scholars and govern- 
ment of the schools. 

9. To prescribe the methods of dis- 

cipline and instruction. 

10. To prescribe studies, books andl' 

apparatus. 

11. To report to the city council from 

time to time such suggestions 
and recommendations as may be 
deemed necessary for the benefit 
and improvement of the schools, 

12. To prepare and publish an annual 

report. 

13. To report to the city council from 
time to time such info ma'ion 
as may be required. 

§ 24. Powers conferred shall only be- 
exercised at a regular or special meet- 
ing. 

§ 25. Title to real estate shall vest in the- 
city council in trust. 

§ 26. Moneys shall be held by the city 

treasurer as a special fund for 

school purposes, subject to the- 
order of the board. 

§ 27. Expenditures shall be confined to 
specified receipts and appropria- 
tions. 

§ 28. Boards of education shall govern the 
schools, and none of the powers of 
the board shall be exercised by th& 
city council. 



250 



SCHOOLS. 



Article VII. 



TEACHERS. 



§ 1. Qualiflcationsof teachers; certificates; 
diplomas of county normal schools. 

§ 2. State ceitificates, how granted; 
gi-ades of certificates; public exami- 
nation; certificates may be revoked; 
graduates of state normal schools 
entitled to lower grade certificate 
without examination. 

§ 3. County superintendent may grant 
first and second grade certificates 
upon examination; renewal and re- 
vocation of ceitificates; form of cer- 
tificate. 

§ 4. Eecord of certificates to be kept by 
county superintendent; form of 
; eeord. 

§ 5. Teachers not provided witli certifi- 
cates shall not be entitled to any 
part of the school fund, and shall 
not be employed unless provided 
with a certificate authorizing him to 
teach duiing the entire term of his 
contract. 

§ 6. Brandies of education which may be 
taught in the free schools of this 
state . 

§ 7. Quarter yearly meetings sliall be held 
by the county superintendent for 
the examination of teachers; notice 
thereof. 



§ 8. 



Pees for examination, 
of certificates. 



and renewal 



Fees for certificates shall be trans- 
mitted to the county treasurer and 
constitute the "teachers' institute" 
fund; county superintendent sha'l 
render an account of the institute 
fund annually to the county board. 



§ 10. Teachers' institutes, county superin- 
tendent shall laold annually; may, 
with the concurrence of the State 
Superintendent procure assistance; 
adjoining counties may unite; in- 
struction free to holders of certifi- 
cates in the county; others shall 
pay a fee of $1. 

§ 11. Time spent by teachers in attending 
institutes sliallnot be deducted. 

§ 12. Teachers shall be accountable for 
property in their charge, and sha 1 
furnish schedules as required by 
law. or forfeit their claim upon the 
school fund . 

§ 13. Daily registers shall be kept; form 
of register; directors shall furnish 
teachers with registers; a failure to 
keep such registers will forfeit 
claim upon the pchool fund. 

§ 14. Schedules shall be kept in all dis- 
tricts controlled by a board of direc- 
tors; separate schedules; boards of 
education may require statements 
of attendance in lieu of schedules; 
form of schedules; form of certifi- 
cate 10 be attacned. 

§ 15. Schedules sliall be delivered to the 
directors, and mi y demand a receipt 
therefor; directors shall examine 
and certify to if correct; form of 
certificate. 

§ 16. Teachers' wages due and payable 
monthly upon certifying the sched- 
ules or statements required of 
them; orders upon the township 
treasurer; when not paid uponp'e- 
sentation the order shall draw in 
terest. 

§ 17. School month; legal holidays. 



SCHOOLS. 



251 



Article VIII. 



REVENUE AND TAXATION. 



§ 1. Tax rate for ordinary and building 
purposes; limitation. 

§ 2. Directors shall furnish i ertificate of 
tax levy to the township treasurer; 
form of certificate. 

§ 3. Township treasurer shall return sa d 
certificate to the county clerk. 

§ 4. Districts lying in two or more coun- 
ties; how certified. 

§ 5. County c erks sha'l e> tend the school 
tax in separate column, and the 
same shall be collected as other 
taxes. 

§ 6. Assessors, in assessing personal prop- 
erty, shall designate the school dis- 
trict in which the person assessed 
resides. 

§ 7. County clerks shall transfer the num- 
bers of districts to the collector's 
books, and extend the rate in each 
dustrict so as to produce the reve- 
nue requi. ed. 



8. County clerks shall furnish township 

treasurers a certificate of the amount 
due. 

9. Collectors shall pay the taxes to the 

township treasurer, on or before 
April 1st; uncollected taxes. 

10. Districts composed of parts of two 
or more townships; directors shall 
designate the treasurer to receive 
the tax. 

11. Failure of collector to pay over the 
tax when due; penalties therefor. 

12. Officer-; preparing blank books and 
notice^ for assessors shaU provide 
columns and blank spaces for school 
districts. 

13. Certificates of directors, fiUng and 
return by township treasurer; fail- 
ure will not vitiate the assessment. 



Article IX. 



BONDS. 



§ 1. Directors may is-iie bonds for build- 
ing purposes and for the purchase 
of lands, when authorized by a vote, 
of the electors; limitation of in- 
debtedness. 

§ 2. Bonds shall be legistered; record of 
proceedings authorizing the issue. 

§ 3. Moneys borrowed; deUvery of bonds; 
record; cancellation. 

§ 4. Elections for authorizing the issue of 
bonds; notice; form of notice. 



Judges and clerk of election; vote 
shall be by ballot. 

Return of poll-book to township 
treasurer; penalties for failure to 
make return. 

Refunding indebtedness; issue of new 
bonds must be authorized by vote; 
limitation of indebtedness. 



252 



SCHOOLS. 



ARTICLE X. 



COUNTY CLERKS. 



§ 1. County clerks shfill furnish list of 
trustees to county superintendent. 

§ 2. Eecord of changes in district boiind- 
aries; penalties for failure. 

§ 3. Districts lying partly in two or morr>. 
counties; county clerks shall furnish 
certificate of equalized value of tax- 
able property. 

§ 4. Certificates of eaual'zed value of tax- 
able property iij any district. 



§ 5. Computation and exten ion of school 
taxes by county clerks: certificate 
of the amount due each district shall 
be furnished to the township treas- 
urer. 

§ 6. Co nty clerks shall certify audited 
bills of the county superintendent 
to the Sta,te Auditor; the Auditor 
shall remit and deduct the amount 
from the school fund of the county. 

§ 7. County clerks shall keep a record of 
the annual reports of the county su- 
perintendent. 



Article XI. 



COUNTY BOARD. 



I 1. County boards, powers defined— 

1. To approve the official bond of 

county superintendent. 

2. To increase the penalty of said 

bond. 

3. To remove the county superintend- 

ent for cause. 

4. To require count/ superintendent 

to give new bond«. 

5. To require county superintendent 

to make reports to the county 
board, upon pain of re noval fiom 
office. 

6. To limit the time allowed county 

superintendent. 

7. To authorize the county superin- 

tendent to employ assistants, 
and fix their compensation. 

§ 2. County boards, duties defined— 

1. To provide county superintendent 
with a suitable office. 



§ 3. 



2. To fill vacancies in the offlje of 

county superintendent by ap- 
pointment, and to order elections 
therefor. 

3. To examine and approve or reject 

the reports of county superin- 
tendent; to examine the notes 
and securities. 

4. To examine and audit quarter- 

yearly the bills of county super- 
intendent. 

At the first regular meeting of the 
county board the county superin- 
tendent shall present— 

1. Statement of sales of school lands. 

2. Statement of funds received and 

paid out, loaned out and on hand. 

3. Transcript from the loan book "C" ; 

the board shall examine the 
statements; penalties for neg- 
lect of duty.. 



SCHOOLS. 



253 



Article XII. 



SCHOOL FUNDS. 



S I. State school fund; how created. 

§ 2. Rate of in erest paid by the State. 

§ 3. Distribution of State school fund to 
the counties: how dividend shall be 
ascertained; duties of State Auditor; 
warrant shall issue lo county super- 
intendent; payment of warrants by 
county officers and credits therefor. 

S 4. Warrants so issued shall be received 
by the State Treasurer in settlement 
with county collectors. 

^ 5. Failure of county collectors to pay 
warrants by March 1 ; penalties. 

3 6. Permanent township and county 
funds; how constituted and how 
treated. 



§ 7. District funds, controlled by the board 
of directors. 

§ 8. Form of orders drawn by the board 
of directors. 

§ 9. Districts composed of parts of town- 
ships; township treasurers shall no- 
tify directors of funds in their pos- 
session in cei'tain cases. 

§ 10. Loaning funds in districts controlled 
by special charters; such funds may 
be loaned under the provisions of 
this act. 



Article XIII. 



SCHOOL LANDS. 



i§ 1. Section 16 and lands granted in lieu 
thereof shall constitute the school 
lands of this State under this act. 

^ 2. Township business; where transacted. 

■§ 3. Sale or lease of lands by the trustees ; 
hmitation of leases. 

§ 4. Sale of right of way or depot grounds 
to i-ailroad companies. 

:§ 5. Trespass in cutting timber on lands; 
damages. 

§ 6. Trespass; penalties. 

§ 7. Fines and penalties. 

§ 8. Sale of school lands; petition there- 
for; petition must be signed before 
witnesses; aiifldavit of witnesses, 

§ 9. Sale of lands in fractional townships. 

§ 10. County superintendent shall notify 
the trustees when petitions have 
been properly presented; trustees 
■shall divide the land into lots. 



§ 11. Trustees shall cause the land to be 
platted, showing number and bound- 
aries of lots. 

§ 12. Sub-division shall contain no lot of 
over 80 acres; may be sub-divided 
into town and village lots, with 
roads, streets and alleys. 

§ 13. Trustees shall fix a valuation upon 
each lot and certify to the pla and 
valuation, and deliver the same to 
the county superintendent. 

§ 14. County superintendent shall advertise 
before selling; form of advertise- 
ment. 

§ 15. Sale shall take place at the court 
house or on the premises. 

§ 16. Terms— cah to the highest bidder, 
with the privilege of borrowing the 
amount or any part of the amount 
of his bid, by giving security, as in 
the case of a loan. 

§ 17. Manner of making sale; time of sale. 



254 



S(;hoo:^s. 



18. At the close of each days sale pur- 

chase money must be paid or 
secured; otherwise the lot sold 
shall be exposed again the next 
day and the purchaser on the first 
day held for the difference, if any. 

19. Lands offered at public sale and no" 

sold may be sold at private sale at 
the valuation price. 

20. Valuation of lands not sold after two 

years may be vacated and a new 
valuation made by the trustees. 



Eecord of sales in book "B" 
cates of purchase. 



certifl- 



Sales of school lands shall be re- 
ported to the county board by the 
county superintendent. 



§ 23. Sales shall also be repor ed to the 
State Auditor; county clerk shall 
record and fl e statements made to 
the county board. 

§ 24. Patents, how execute 1; effect of. 

§ 25. Duplicate ceriifleates of purchase and 
patents, how obtained; effect of. 

§ 26. Sales of real estate taken for debts. 

§ 27. Streets and highways, dedicating 
lands to the public use. Railroads 
prohibited from vising lands so 
dedicated without compensation. 



Article XIV. 



FINES AND FORFEITFKES. 



§ 1. All fines, penalties and forfeitures, 
except in towns and cities for vio- 
lation of ordinances, shall be paid 
to the county superintendent and 
phall be distributed as other school 
funds. 

§ 2. State's attorneys shall enforce the 
collection of fines and pay the same 
to the county superintendent. 

§ 3. Justices of the peace shall enforce 
the collection of fines imposed by 
them. 

§ 4. Clerks of courts, state's attorneys 
and justices shall report annually 
in March, under oath, to the county 
court the fine-i imposed; if no fines 
have been collected, affidavit shall 



be made to that effect and filed 
with the county superintendent: 
judges of the county court shall ex- 
amine said report and if found 
correct shall approve it; if disap- 
proved the court may order a new 
one, and shall enforce a compliance 
with the order; notice shall be given 
to the county superintendent be- 
fore the approval of a report; pen- 
alties for failure to make reports. 

§ 5. Failure or refusal to pay over fines 
on demand; penalties. 

§ 6. Penalties for failure to make report 
as required by section 4 of this 
article; judge of the county court 
shall examine the records of the 
delinquent and enforce payment. 



Article XV. 



LIABILITY OF SCHOOL OFFICERS. 



Trustees; irregular or insufficient 
securitie-; examination and action 
thereon upon notice by the i oun y 
superintendent; penalties for fail- 
ure; personal liability. 

Judges of elections; failure or neg- 
lect to make return of poU-book; 
penalties. 



§ 3. Directors; failure to deliver schedules 
to the township treasurer: personal 
liability for damages. 

§ 4. Township treasurer; failure or re- 
fusal to perform the duties required 
by law; personal liabihty. 



SCHOOLS. 



255 



I 5. Eesignation or removal of the treas- 
r; surrender of funds, securities, 
books, papers, etc., of the office; 
deaih of treasurer; representatives 
and :-ureties shall make surrender; 
penalties tor failure. 

6. Conversion or appropriation of 

moneys by school officers to their 
own use; penalties. 

7. Trustees liable for securities taken 

from township treasurer. 

8. Eeal estate of school officers bound 

for the satisfaction of claims f< om 
date of issuing process for recovery; 
liens can not be avoided. 

9. Trustees; failure to make return of 

children in the township; penalties. 

10. School officers; failure to make re- 
tiu-n of statistics and other informa- 
tion; penalties. 



§ 11. School offi ers; custody of funds and 
property; responsibility for failure 
or refui=al to perfo m duties re- 
quired by law or regulation. 

§ 12. Appropriations of school money shall 
not be made in aid of any ectarian 
school or church; penalties for viola- 
tion of this section. 

§ 13. Teachers and school officers shall not 
be interested in the sale, proceeds 
or profits of any book, furniture or 
apparatus; penalties for offenses 
under this section. 

§ 14. Colored children in the schools ; pen- 
alties for exclusion or aiding in ex- 
cluding. 



Article XVI. 



MISCELLANEOUS. 



Court costs; school officers not liable 
for. 



"Women eligible to 
school laws of this 



office under the 
Stat\ 



Women shall auahfy and give> bond, 
as in other cases. 

School boards and officers prohibited 
from excluding children of proper 
age from the schools on account of 
color. 

Preventing by threats, mena<?e or in- 
timidation, any child from attending 
the public schools; penalties. 

Officers paying money to township 
treasurers shall, in Sept mber, an- 
nually, notify boards of trustees and 
direc ors of the amount paid. 

Boards of edu ation or directors in 
cities having less than 100,000 popu- 
lation, operating the schools under 
special acts, shall, in July, annually, 
if required so to do, report to the 
State Superintendent such statistics 
and information as may be required; 
failui-e to so report shall forfeit to 
the deUnquent any claim upon the 
school fund. 



§ 8. Officers of educational and literary 
institutions shall report annually,. 
August 1, lo the State Superintend- 
ent such information as by this 
section required. 

§ 9. Judgment against school officers: 
how paid; process of service. 

§ 10. School officers performing the duties 
of trustees, direc! ors and similar 
duties, shall receive no compensation, 
but shall be exempt from road labor 
and mihtary duty. 

§ 11. School officers now in service shall 
remain in office until the election 
and qualification of their successors 
under this act. 

§ 12. Acts repealed. 

§ 13. Emergency. 



256 SCHOOLS. 



An Act to establish and maintain a system of free schools. 

Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly as follows : 

Article I. 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Section 1. That at the election to be held on Tuesday after 
the first Monday in November, in the year qf our Lord one 
thousand eight hundred and ninety, and quadrennially there- 
after, there shall be elected, by the legal voters of this State, a 
State Superintendent of Public Instruction, who shall hold his 
office for four years from the second Monday in January next 
after his election, and until his successor is duly elected and 
qualified. 

§ 2. Before entering upon his duties he shall take and sub- 
scribe the oath of office prescribed by the constitution, and 
shall also execute a bond, in the penalty of twenty-five thousand 
dollars, paj^able to the People of the State of Illinois, with 
securities to be approved by the Governor, conditioned for the 
prompt discharge of his duties as superintendent of public in- 
struction, and for the faithful application and disposition, 
according to law, of all school moneys that may come into his 
Iiands by virtue of his office. Said bond and oath shall be 
deposited with the Secretary of State,, and an action may be 
maintained thereon by the State at any time for a breach of 
"the conditions thereof. 

§ 3. And the said State Superintendent shall receive, annually, 
such sum as may be provided by law, as a salary for the 
services required under the provisions of this act, or any other 
law that may be passed, and also all necessary contingent 
expenses for books, postage and stationery pertaining to his 
office, to be audited and paid b^^ the State as the salaries and 
contingent expenses of other officers are paid. 

§ 4. It shall be the duty of the said State Superintendent of 
Public Instruction — 

First — To keep an office at the seat of government of the 
State. 

Second — To file all papers, reports and public documents 
transmitted to him by the school officers of the several counties, 
each year seperately. 

Third — To keep and preserve all other public documents, books 
and papers relative to schools, coming into his hands as State 
Superintendent, and to hold the same in readiness to be 
exhibited to the Governor, or to any committee of either house 
of the general assembly. 



SCHOOLS. 257 



Fourtti — To keep a fair record of all matters pertaining to 
the business of his office. 

Fifth — To pay over, without delay, all sums of money which 
may come into his hands by virtue of his office, to the officer 
or person entitled to receive the same, in such manner as may 
be prescribed by law. 

Sixth — To counsel and advise, in such manner as he may 
deem most advisable, with experienced and practical school 
teachers, as to the best manner of conducting common schools. 

Seventh — To supervise all the common and public schools in 
the State. 

Eighth — To be the general adviser and assistant of county 
superintendents of schools in this State. 

Ninth — To address circular letters to county superintendents, 
from time to time, as he shall deem for the interests of schools, 
giving advice as to the best manner of conducting schools, 
constructing school houses, furnishing the same, examining and 
procuring competent teachers. 

Tenth — To, on or before the 1st day of November preceding- 
each regular session of the General Assemblj^, report to the 
Governor the condition of the schools in the several counties of 
the State ; the whole number of schools which have been taught 
in each county in each of the preceding years, commencing on 
the 1st of July, what part of said number have been taught by 
males exclusively, and what part by females exclusively, what 
part of the said whole number have been taught by males and 
females at the same time, and what part by males and females 
at different periods; the number of scholars in attendance at 
said schools; the number of persons in each county under 
twenty-one years of age, and the number of such persons 
between the ages of twelve and twenty-one years that are 
unable to read and write; the amount of township and county 
funds ; the amount of the interest of the state or common school 
fund, and of the interest of the township and county fund 
annually paid out ; the amount raised by an ad valorem tax ; 
the whole amount annually expended for schools; the number 
of school houses, their kind and condition ; the number of town- 
ships and parts of townships in each county; the number and 
description of books and apparatus purchased for the use of 
schools and school libraries under the provisions of this act, the 
price paid for the gjame, the total amount purchased, and what 
quantity and how distributed ; the number and condition of 
the libraries, together with such other information and sugges- 
tions as he may deem important in relation to the school laws, 
schools, and the means of promoting education throughout the 
State, which report shall be laid before the General Assembly at 
each regular session. 

—17 



258 SCHOOLS. 



Eleventh — To make such rules and re^'ulations as may be 
necessary and expedient to carry into efficient and uniform 
effect the provisions of this act, and of all the laws which now 
are or may hereafter be in force for establishing and maintain- 
ing free schools in this State. 

Twelfth — To be the legal adviser of all school officers, and, 
w^hen requested by any such school officers, to give his opinion 
in writing upon any question arising under the school laws of 
this State. 

Thirteenth — To hear and determine all controversies arising 
under the school laws of this State, coming to him by appeal 
from the county superintendent, upon a written statement of 
facts certified by the county superintendent. 

Fourteenth — To receive and file all proper reports made to 
him from time to time by the several county superintendents 
of this State, as required by article 2 of this act. 

Fifteenth — To grant state certificates to such teachers as may 
be found worthy to receive them, as provided for in section 2 
of article 7 of this act. 

Sixteenth — To be ex officio a member of the board of trustees 
of the University of Illinois and of the Southern Normal 
University. 

Seventeenth — To be ex officio a member of the board of 
education of the State of Illinois, and to act as secretary ; 
thereof. I 

Eighteenth — To report to the general assembly of Illinois, at 
its regular sessions, the condition and expenditures of the 
normal university, and such other information as may be 
directed by the board of education of the state of Illinois or 
by the general assembly of this State. 

Nineteenth — To visit such of the charitable institutions of this 
State as are educational in their character, and to examine 
their facilities for instruction, and to prescribe forms for such 
reports as he may desire from the superintendents of such 
charitable institutions. 

§ 5. The said State Superintendent of Public Instruction shall 
be clothed with the following poAvers : 

First— To direct and cause the county superintendent of any 
county, directors or boards of trustees or tow'nship treas- 
urer of any township or other school officer to 
withhold from any officer, township, district or teacher, 
any part of the common school, or township, or other school 
fund, until such officer, township treasurer or teacher shall have 
made all schedules, reports and returns required of him by this 
act, and until such officer shall have executed and filed all 



SCHOOLS. 259 



official bonds and accounted for all common school or township 
or other school funds which have heretofore come into his 
hands, as required of him by this act. 

Second — To require the several county supei'intendents of this 
State to furnish him with such information relating to their 
several offices as he may desire to embody in his report to the 
general assembh' of this State. 

Third — To require the board of trustees of each township in 
this State to make, at any time he may desire, a report similar 
to the report required to be made by such trustees on or be- 
fore the fifteenth day of Jul}' preceding each regular session of 
the general assembly of this State as provided for in section 
28 of article 3 of this act. 

Fourth — Upon the recommendation of the county superin- 
tendent, or for good and sufficient reasons, to remit the for- 
feiture of the school fund by any township which may have 
failed to make the reports required by law. 

Fifth — To determine and designate the particular statistics 
relating to schools, which the inferior officers shall report to 
the county superintendent for the use of his office. 

Sixth— To authorize the sevei-al county superintendents to 
procure such assistance as may be necessary to conduct county 
teachers' institutes for not less than five days in each year. 

Seventh — To require annual reports from the authorities of 
incorporated towns, townships, cities or districts holding schools 
by authority of special charters to the same extent as regular 
school officers are or may be required to make such reports. 

Eighth — To require the president, principal or other proper 
officer of every organized university, college, seminary, academy 
or other literary institution whether incorporated or unincor- 
porated, or hereafter to be incorporated in this State to make out 
such report as he may require in order that he may lay before the 
general assembly a fair and full exhibit of the affairs and con- 
ditions of such institutions and or the educational resources of 
the State. 

Ninth — To require the Auditor of Public Accounts to with- 
hold from the county superintendent of an}' county, the amount 
due any such count}' for its share of the interest on state 
school fund, or said county superintendent for his per diem 
compensation, until the report provided for in section 17, of 
article 2 of this act, shall have been furnished as therein re- 
quired. 

§ G. The said State Superintendent of Public Instruction shall 
not be interested in the sale, proceeds or profits of any book, 
apparatus or furniture used or to be used in any school in this 
State, and for offending against the provisions of this section, 



260 SCHOOLS. 



lie shall be liable to indictment, and upon conviction, shall be 
fined in a sum not less than twenty-five nor more than five 
hundred dollars, and maj^ be imprisoned in the county jail not 
less than one month nor more than twelve months, at the dis- 
cretion of the court. 



■I 



Article II. 



COUNTY SUPERINTENDENTS. 



Section 1. On Tuesday next after the first Monday in No- 
vember, A. D. 1890, and quadrenniallj^ thereafter, there shall 
be elected by the qualified voters of every county in this State, 
a county superintendent of schools, who shall perform the duties 
required by law, and shall enter upon the discharge of his du- 
ties on the first Mondaj^ of December after his election. 

§ 2. He shall, before entering upon his duties, take the oath 
prescribed by the constitution, and execute a bond payable to 
the People of the State of Illinois, with two or more responsi- 
ble free-holders as security, to be approved by the county board 
or by the judge and clerk of the county court, in a penalt}' of 
not less than twelve thousand dollars (112,000), to be increased 
at the discretion of the said county board, conditioned that he 
will faithfully perform all the duties of his office according to. 
the laws which are or may be in force, during his term of office. 

§ 3. The bond required in the foregoing section shall be in 
the following form, viz. : 

State of Illinois, \ 
County/®®- 

Know all men by these presents, that we 
A. B., C. D. and E. F., are held and firmly bound, jointly and 
severally, unto the People of the State of Illinois, in the penal 
sum of dollars, to the payment of which we bind our- 
selves, our heirs, executors and administrators firmly by these 
presents. 

In witness whereof, we have hereunto set our hands and seals, 
this day of A. D. 18 

The condition of the above obligation is such, that if the 
above bounden A. B., county superintendent of the county! 
aforesaid, shall faithfully discharge all the duties of such office,} 
according to the laws which now are and may hereafter be ii 
force, and shall deliver over to his successor in office, allj 



SCHOOLS. 261 



moneys, books and papers, and property in his hands, as such 
county superintendent, then this obligation to be void; other- 
wise to remain in full force and virtue. 

A. B. (Seal.) 
C. D. (Seal.) 
E. F. (Seal.) 

And which bond shall be filed in the office of the county 
clerk. 

§ 4. The obligors in such bond shall be bound jointly and 
severallj^, and upon it an action (or actions) may be main- 
tained by the board of trustees of the proper township, or any 
other corporate body interested, for the l3enefit of any town- 
ship or fund injured by any breach of the conditions thereof. 

§ 5. If a majority of the county board shall be satisfied at 
any time that the bond of said county superintendent is in- 
sufficient, it shall be the duty of such superintendent, upon 
notice being given to him by the clerk of such board, to exe- 
cute a new bond, conditioned and approved as the first bond; 
provided that the execution of such new bond shall not effect 
the old bond or the liability of the securities thereon. 

§ 6. It shall be the duty of the county board of the county 
to provide the said count}?^ superintendent with a suitable of- 
fice, with necessary furniture and office supplies as is done in 
the case of other county officers. 

§ 7. The said county superintendent shall be liable to re- 
moval by the county board for any palpable violation of law 
or omission of duty. 

§ 8, When the office of county superintendent shall become 
vacant by death, resignation, the removal of the incumbent by 
the county board or otherwise, the county board shall fill the 
vacancy by appointment, and the person so appointed shall 
hold his office until the next election of county officers, at 
which election the county board shall order the election of a 
successor. 

§ 9. In counties having not more than one hundred (100) 
schools, the county board may limit the time of the superin- 
tendent: Provided, that in counties having n6t more than 
fifty (50) schools the limit of time shall not be made less than 
one hundred and fifty (150) days a year; in counties having 
from fifty-one (51) to seventy-five (75) schools, not less than 
two hundred (200) daj^s a year; and in counties having from 
seventy-six (76) to one hundred (100) schools, not less than 
two hundred and fifty (250) days a year. 

§ 10. The county superintendent may, with the approval of 
the county board, employ such assistant or assistants as he 
needs for the full discharge of his duties. Such assistants shall 



262 SCHOOLS. 



be persons of good attainments, versed in the principles and 
methods of education, familiar with public school work, and 
competent to visit schools. Such assistants shall receive such 
compensation as may be fixed by the county board. 

§ 11. County superintendents shall receive in full, for all ser- 
vices rendered by them, commissions as follows: Three per 
cent, commission upon the amount of sales of school lands, or 
sales of land upon mortgage, or of sale-> of real estate taken 
for debt, including all services therewith. Two per cent, com- 
mission upon all sums distributed, paid or loaned out by them 
■for the support of schools. For all other duties required by 
law^ to be performed by them, four dollars ($4) a day for such 
number of days as shall be spent in the actual performance of 
their duties, not exceeding the number fixed by the county 
boards in counties in which the boards are given power to fix 
the number of days by section 9 of this article of this act, 
and one dollar a da^^ for expenses for the number of days actu- 
ally spent in school visitation. 

§ 12. The county superintendents shall present under oath 
or affirmation their itemized bills for their per diem compensa- 
tion and for the expenses allowed by this article of this act, 
when visiting schools, together with a report of all their acts as 
such county superintendent, or assistant, including a list of all 
the schools visited, with the dates of visitation, to the county 
board, at the annual meeting of such board in vSeptember, and 
as near quarterlj^ thereafter as such board may have regular or 
special meetings, and after the bills have been audited by the 
county board, the county clerk shall certify to such auditing 
upon the bills and transmit them to the Auditor of Public 
Accounts, who shall upon receipt of them, remit in payment 
thereof to each superintendent his warrant upon the State 
Treasurer for the amount certified to be due him. The said 
Auditor, in making his warrant to an^' county for the amount 
due it frojn the State school fund, shall deduct from it the 
several amounts for which warrants have been issued to the 
county superintendent of said county since the next preceding: 
apportionment of the state school fund. 

§ 13. It shall be the duty of each county superintendent of 
schools in this State: 

First — To sell township fund lands, issue certificates of pur-^ 
chase, report to the county boai'd and State Auditor, and per-' 
form all other duties pertaining thereto as requii-ed bv article 
13 of this act. 

Second — To register applicants foi- admission to the state 
normal universities and to the University of Illinois, and tc 
assist in the examination of the same as directed by the state 
board of education or other proper authorities. 



SCHOOLS. 263 



Third — To visit eacli school in the county, at least once a 
year; and in the performance of this duty he shall spend at 
least half the time given to his office, and more, if practi- 
cable, in visiting ungraded schools. 

Fourth — To note, when visiting schools, the methods of in- 
struction, the branches taught, the text books used and the 
discipline, government and general condition of the schools. 

Fifth — to give to teachers and school officers such direc- 
tions in the science, art and methods of teaching and courses 
of study as he may deem expedient and necessary. 

Sixth — To act as the official adviser and constant assistant 
of the school officers and teachers of his county, and in the 
performance of this duty he shall faithfully carry out the 
advice and instruction of the State Superintendent of Public 
Instruction. 

Seventh — To conduct, as provided in section 10 of article 
7 of this act, a teachers' institute, and to aid and encourage 
the formation of other teachers' meetings, and to assist in 
their management. 

Eighth — To labor in every practicable ^Yay to elevate the 
standard of teaching, ano improve the condition of the 
common schools of his county. 

Ninth — To examine, at least once each year, all books, ac- 
counts and vouchers of every township treasurer in his county, 
and if he finds any irregularities in them, he shall at once re- 
port the same in writing to the board of trustees, whose duty 
it shall be to take immediatel}^ such action as the case de- 
mands. 

Tenth — To examine all notes, bonds, mortgages and other 
evidences of indebtedness which the township treasurer holds 
officially ; and if he finds that the papers are not in proper 
form, or that the securities are insufficient, he shall so state 
in writing to the board of trustees. 

Eleventh — To give notice of the election of trustees in cases 
such as those provided for in section 15, article 3, of this 
act. 

Twelfth — To file and safely keep the poll books and returns 
of any election required to be returned to the county superin- 
tendent by any provision of this act. 

Thirteenth — To investigate and determine all matters pertain- 
ing to the change in the boundaries of school districts which 
may come to him by appeal from the decision of the school 
trustees, and to notify the township treasurer, from whom the 
papers relating to the matter were received, of his decision of 
the matter. 



264 SCHOOLS. 



Fourteenth — To give notice of the election of school directors in 
cases such as are provided for in section y of article 5 of this 
act. 

Fifteenth — To hold meetings, at least quarterl^^ for the exami- 
nation of teachers, as provided for in section 7 of article 7 of 
this act. 

Sixteenth — To grant certificates of qualification to such per- 
sons as may be qualified to receive them, as provided for in sec- 
tion 3 of of article 7 of this act, and to keep a record of all 
teachers to whom such certificates have been granted, as pro- 
vided for by section 4 of article 7 of this act; and to keep a 
record of all teacher-s employed in teaching in his countj^ 

Seventeenth — To keep a just and true account of all moneys 
received and all moneys paid out on account of the "institute 
fund," and make report thereof to the county board, as pro- 
vided for in section 9 of article 7 of this act. 

Eighteenth — To present to the county board of the county, 
at the first regular meeting thereof, annually, the report re- 
quired by section 3 of article 11 of this act. 

Nineteenth — To notify presidents of boards of trustees and 
clerks of school districts, on or before September 30th, annually, 
of the amount of money paid by him to the township treasurer, 
and the date of such payments. 

Twentieth — To receive and file, on or before the fifteenth day 
of July, preceding each regular session of the general assembly, 
and at such other times as may be required by the state or 
county superintendent, a statement from the board of trustees 
of each township giving such statistics and information as may 
be called for. 

§ 14. The said county superintendent shall have power: 

First — To require the board of trustees of each township in 
his county to ma.ke, at an}^ time he may desire, the report 
provided for in section 28 of article 3 of this act. 

Second — To recommend to the State* superintendent the re- 
mission of the penalty provided for a failure b^' the trustee of 
schools to make the reports provided for by law. 

Third — To renew teachers' certificates at the expiration by 
his endorsement thereon. 

Fourth — To revoke the ceitificate of any teacher for im- 
morality, incompetency^ or other just cause. 

Fifth — To direct in what manner township treasurers shall 
keep their books and accounts. 

Sixth — To bring suit against the county collector for a failure 
to pay state auditor's warrant as provided for in section 5 of 
article 12 of this act. 



SCHOOLS. 265 



Seventh — To remove an}' school director from office for a 
wilfull failure to perform the duties of his office. 

Eighth — To lease and sell real estate in cases provided for in 
section 26 of article 13 of this act, in the manner therein 
specified. 

§ 15. The said county superintendent shall provide three 
well bound books which shall be paid for from the county 
treasury. These books shall be known and designated bj the 
letters A, B, C, for the following purposes: In book A he shall 
record at length all petitions presented to him for the sale of 
common school lands, and the plats and certificates of valua- 
tion made b}^ or under the direction of the trustees of school, and 
the affidavits in relation to the same. In book B he shall keep 
an account of all sales of common school lands, which account 
shall contain the date of sale, name of purchaser, description 
of land sold and the sum sold for. In book C he shall keep a reg- 
ular account of all moneys received for land sold or otherwise, 
and loaned or paid out; the persons from whom received and 
what account, and showing whether it is principal or interest; 
the person to whom loaned, the time for which the loan was 
made, the rate of interest, the names of the securities, when 
personal security is taken, or if real estate is taken as security, 
a description of the real estate; and if paid out, to whom, when 
and on what account and the amount paid out; the list of 
sales, and the account of each township fund to be kept 
separate. 

§ 16. The county superintendent shall report, in writing, to 
the county board, at their regular meeting in September of each 
year, giving first, the balance on hand at the time of the last 
report and a statement in detail of all receipts since that date, 
and the sources from which they were derived; second, the amount 
paid for expenses; third, the amount of his commissions; fourth, 
the amount distributed to each of the township treasurers in 
his count}" fifth, au}^ balance on hand. He shall also present 
for inspection at the same time his books and vouchers for all 
expenditures, and all notes or other evidences of indebtedness 
which he holds officially, with the securities of the same; and he 
shall give in writing a statement of the condition of the county 
fund, of the institute fund, and of any township funds of Avhich 
he may have the custody. 

§ 17. On or before the fifteenth day of August before each 
regular session of the general assembly of this State, or an- 
nually, if so recjuired by the State Superintendent of Public In- 
struction, the county superintendent shall communicate to said 
State Superintendent all such information and statistics upon 
the subject of schools in his said county as the State Superin- 



266 SCHOOLS. 



tendeut is bound to embody in his report to the Governor, 
and such other information as the State Superintendent shall 
require. 

§ 18. In all cases where the township board of trustees of 
any township shall fail to prepare and forward, or cause to be 
prepared and forwarded, to the countj' superintendent the in- 
formation and statistics required of them in this act, it shall 
be the duty of the said county superintendent to employ a com- 
petent person to take the enumeration and furnish such statis- 
tical statement, as far as practical, to the superintendent; and 
such person so employed shall have free access to the books 
and papers of said township to enable him to make such state- 
ment; and the township treasurer, or other officer or person in 
whose custody such books and papers may be, shall permit 
such person to examine such books and papers, at such times 
and places as such person may desire for the purposes aforesaid; 
and the said county superintendent shall allow, and pay to the 
person so employed by him, for the services, such amount as 
he may judge reasonable out of any money which is or may 
come into said superintendent's hands, apportioned as the share 
of or belonging- to such township; and the said county superin- 
tendent shall proceed to recover and collect the amount so 
allowed or paid for such services, in a civil action before any 
justice of the peace in the countj^, or before any court having 
Jurisdiction, in the name of the People of the State of Illinois 
of and against the trustees of schools of said township, in their 
individual capacity; and in such suit or suits the said county 
superintendent and township treasurer shall be competent wit- 
nesses; and the money so recovered, when collected, shall be 
paid over to the county superintendent for the benefit of said 
township, to replace the money taken as aforesaid. 

§ 19. Whenever the bond of any township treasurer approved 
by the board of trustees of schools, as required by law, shall be 
delivered to the county superintendent, he shall carefully ex- 
amine the same, and if the instrument is found in all respects 
to be according to law, and the securities good and sufficient, 
he shall endorse his approval thereon, have it recorded in the 
circuit clerk's office, and file the same with the papers of his 
office: but if said bond is in any respect defective or if the ]3enalty 
is insufficient, he shall return it for correction. When the bond 
shall have been duly received and filed, the superintendent shall, 
on demand, deliver to said township treasurer a written state- 
ment certifjing that his bond has been approved and filed, and 
that said township treasurer is entitled to the care and custody, 
on demand, of all moneys, bonds, mortgages, notes and securi-j 
ties, and all books, papers and property of every description.! 
belonging to said township. 



SCHOOLS. 267 



§ 20. Upon the receipt of the amount due upon the Auditor's 
warrant the county superintendent shall apportion said 
amount, also the interest on the county fund and the fines and 
forfeitures, to the several townships and parts of townships in 
his county, in which townships or parts of townships schools 
have been kept in accordance with the provisions of this act, 
and with the instructions of the state and county superintend- 
ents, according to the number of children under twenty-one 
years of age, returned to him, and shall pay over the distribu- 
tive share belonging to each township and fractional township, 
to the respective township treasurers, or other authorized per- 
son, aimually: Provided, that no part of the state, county or 
other school fund shall be paid to any township treasurer or 
other person authorized b}^ said treasurer, unless said town- 
ship treasurer has filed his bond, as required by section 1, of 
article 4., of this act, nor in case said treasurer is reappointed 
by the trustees, unless he shall have renew^ed his bond and filed 
the same as aforesaid. 

§ 21. The county superintendent may loan any money, not 
interest, belonging to the county fund, or to an^^ township fund 
before the same is called for, according to law, by the town- 
ship treasurer, at the same rate of interest, upon the same 
security and for the same leng-th of time as is provided by this 
act in relation to the township treasurers, and apportion the 
interest as provided in the preceding section; and notes and 
mortgages taken in the name of the ''county superintendent" 
of the proper county are hereby declared to be as valid as if 
taken in the name of "trustees of schools'' of the proper town- 
ship, and suits may be brought in the name of "county 
superintendents,'' on all notes and mortgages heretofore or 
hei*eafter made payable to the county superintendents. 

§ 22. In all controversies arising under the school law, the 
opinion and advice of the county supeiintendent shall first be 
sought, whence appeal may be taken to the State Superintend- 
ent of Public Instruction upon a Avritten statement of facts 
certified by the county superintendent. 

§ 23. The county superintendent, upon his removal or resig- 
nation, or at the expiration of his term of ofiice, (or in case of 
his death his representatives) shall deliver over to his succes- 
sor in ofiice, on demand, all nione3\s, books, papers and per- 
sonal property belonging to the office or subject to the con- 
trol or disposition of the county superintendent. 



268 SCHOOLS. 



Article III. 

TOWNSHIPS — TRUSTEES OF SCHOOLS. 

Section 1. Each congressional township is hereby established 
a township for school purposes. 

§ 2. Whenever any fractional township contains less than 
forty persons under twenty-one years of age, the trustees there- 
of, upon petition of a majority of the adult inhabitants of such 
fractional township, may, by written agreement entered into 
with the board of trustees of any adjacent township, consoh- 
date the territory, school funds and other property of such 
fractional township with such adjacent township, and thereafter 
shall cease to exercise the functions of school trustees for such 
fractional township; and such territory, school funds and other 
propertj^, aforesaid, shall thereafter be managed by the board 
of trustees of such adjacent and consolidated township, in 
accordance with the terms of agreement aforesaid, in the same 
manner as is, or may be provided hj law, for the management 
of territory, funds and other property of school townships: Fro- 
vided, that the said written agreement shall be duW signed by 
a majority of the said trustees and filed for record by the said 
trustees in the office of the county clerk of the county in which 
such consolidated township, or the greater part thereof, is 
situated. 

§ 3. The school business of the township shall be done by 
three trustees, to be elected by the legal Toters of the town- 
ship as hereinafter provided for. 

§ 4. Said trustees shall be a body politic and corporate, by 

the name and style of "trustees of schools of township No , 

range No ," according to the number. The said corpora- 
tion shall have perpetual existence; shall have power to sue 
and be sued, to plead and be impleaded in all courts and places 
where judicial proceeding are had. 

§ 5. The election of trustees of schools shall be on the 
second Saturday in April annually. 

§ 6. At the first regular election of trustees, after the pas- 
sage of this act, a successor to the trustee, whose term of office 
then expires, shall be elected, and thereafter one trustee shall 
be elected annually. Said trustees shall continue in office three 
years and until their successors are elected and enter upon the 
duties of their office. 

§ 7. No person shall be eligible to the office of trustee of 
schools unless twenty-one years of age, and a resident of the 
township. And where there are three or more school districts 
in any township, no two trustees shall reside, when elected. 



scHooi^. 269 



in the same school district, nor shall a person be eligible to the 
oflSce of trustee of schools and school director at the same 
time. 

§ 8. Notice of the election of school trustee shall be given 
by the township treasurer, upon the order of the trustees of 
schools, by posting notices of such election at least ten days 
previous to the time of such election, in not less than five of 
the most public places in said township, which notices shall 
specify the time and place of election and the object thereof, 
and may be in the following form, viz.: 

Public notice is hereby given that on Saturday, the 

day of April, A. D , an election will beheld at , 

between the hours of and of said day, for the purpose 

of electing school trustee for township No , range No. 

By order of the board of trustees of said township. 

Signed, 

To wDship Treas urer. 

§ 9. In townships where no election for school trustees has 
heretofore been held, or in townships where from any cause, 
there are no trustees of schools, the election of trustees of 
schools may be holden on am^ Saturday, notice thereof being 
given as required by section 8 of this article. The first election 
in such township shall be ordered by the county clerk of the 
county, who shall cause notice to be given as aforesaid. 

§ 10. In case of an election held, as required by the preced- 
ing section, the trustees elected, at their first meeting, shall 
draw lots for their respective terms of office for one, two and 
three years, and thereafter one trustee shall be elected annu- 
ally, at the usual time for electing trustees, to fill the vacancy 
occurring. At all elections, after said first election, the said 
notice shall be given by the trustees of schools through the 
township treasurer, as in other elections for trustees. 

§ 11. The trustees of schools of incorporated townships pres- 
ent shall act as judges, and choose a person to act as clerk of 
said election. If the trustees (or any of them) shall fail to at- 
tend, or refuse to act when present, the legal voters present 
shall choose from their own number such additional judges as 
may be necessary. In any township lying within the limits of 
a city, village or incorporated town, which has adopted the 
provisions of "An act regulating the holding of elections, and 
declaring the result thereof in cities, villages and incorporated 
towns in this State," approved June 19, 1885, the said election 
shall be held under the provisions said act. In unincorporated 
townships the qualified voters present shall choose from 
amongst themselves the number of judges required to open and 
conduct said election. 



270 SCHOOLS. 



§ 12. No person shall vote at any school election held un- 
dei' this act unless he possesses ths qualification of a voter at 
a general election. 

§ 13. The time and manner of opening, conducting and clos- 
ing said election, and the several liabilities appertaining to the 
judges and clerks and to the voters, separately and collect- 
ively, and the manner of contesting said election, shall be the 
same as prescribed by the general election laws of this State 
defining the manner of electing magistrates and constables, so 
far as applicable, subject to the provisions of this act : Pro- 
Yided, that said election may commence, if so specified in the 
notice, at any hour between the hours of eight (8) o'clock a. 
m. and one (1) o'clock p. m., and the judges may close such 
election at four (4) o'clock p. m. 

§ 14. If upon any day appointed for the election of trustees 
of schools the said trustees of schools or judges shall be of 
opinion that, on account of the small attendance of voters, the 
public good requires it, or if the majority of the voters present 
shall desire it, they shall postpone said election until the next 
Saturday, at the same place and hour; at which time and 
meeting the voters shall proceed as if it were not a postponed 
or adjourned meeting: Provided, that if notice shall not have 
been given of such election, as required by section 8 of this 
article, then and in that case said election may be ordered as 
aforesaid, and holden on any other Saturday, notice thereof 
being given as aforesaid. 

§ 15 If the township treasurer shall fail or refuse to give 
notice of the regular election of trustees, as required by said 
section 8 of this article, and if, in case of a vacancy, the 
remaining trustee or trustees shall fail or refuse to order an 
election to fill such vacancy, as required by section iT) of this 
article; then and in each of such cases, it shall be the duty of 
the county superintendent to order an election of trustees to 
fill such vacancies as aforesaid ; and all elections so ordered and 
held shall be valid to all intents and purposes whatever. 

§ 1(5. When a vacancy or vacancies shall occur in the board 
of trustees of schools, the remaining trustee or trustees shall 
order an election to fill such vacancy, upon any Saturday, 
notice to be given as required by said section 8 of this article. 

§ 17. In case of a tie vote at any election of trustees of 
schools, the election shall be determined by lot, on the day.of 
the election, by judges thereof. 

§ 18. In townships where, for general elections, there are 
more than two (2) polling places, the trustees shall give notice 
that polls will be opened for such elections in at least two 
places; in which case at least one of said trustees shall attend 
at each of said places, and additional judges shall be chosen 



SCHOOLS. 271 



as provided in section eleven (11) of this article: Provided, 
there shall be at least one polling place for each eight hundred 
legal voters in said township. Should the polling places be in 
excess of the number of trustees, then the voters at such poll- 
ing places so in excess shall select from their number the 
requisite number of voters, Avho shall act as judges of said 
election in the manner provided by said section eleven (11) for 
the election of trustees in unincorporated townships. Said 
judges shall return the ballots and original poll books, with a 
certificate thereon, showing the result of the election in said 
precinct, to the township treasurer of the township in which 
said election shall be held, whereupon it shall be the duty 
of the board of trustees of said township, within five days 
after said election, to meet and to canvass the returns 
from each precinct, to make out a certificate show- 
ing the number of votes cast for each person in each precinct, 
and in the whole township, and shall file said certificate with 
the county superintendent of schools as otherwise provided by 
law. 

§ 19. In counties adopting township organization, in each 
and every township whose boundaries coincide and are identical 
with those of the town, as established under the township or- 
ganization laws, the trustee or trustees shall . be elected at the 
same time, and in the same manner as the towai officers. In 
all such towmships if no trustees are elected at the stated town 
meeting, and when vacancies occur in the board, an election of 
trustee or trustees shall be ordered by the remaining trustee 
or trustees of schools, through the township treasurer as pro- 
vided for in section nine (9) of this article. 

§ 20. Upon the election of trustees of schools, the judges of 
the election shall, within ten (10) days thereafter, cause a copy 
of the poll book of said election to be delivered to the county 
superintendent of the county, with a certificate thereon showing 
the election of said trustees and the names of the persons 
elected; which copj^ of the poll book, with the certificate, shall 
be filed by said superintendent and shall be evidence of such 
election. For a failure to deliver said copy of the poll book 
and certificate within the time prescribed, the judges shall be 
liable to a penalty of not less than twenty-five dollars (f25) 
nor more than one hundred dollars, (flOO) to be recovered in 
the name of the People of the State of Illinois, by action of 
assumpsit, before any justice of the peace of the county; which 
penaltj^ Avhen collected shall be added to the township school 
fund of the township. 

§ 21. When school trustees are elected at town meetings, as 
provided in section nineteen (19) of this article, it shall be the 
duty of the county clerk, as soon as the list of the. names of 



272 SCHOOLS. 



officers elected at the town meetings is filed with him, to give 
the county superintendent a list of the names of all school 
trustees elected at the town meetings of the county, and of the 
towns for which they are elected. 

§ 22. Within ten days after the annual election of trustees 
the board shall organize by appointing one of their number 
president, and some person who shall not be a director or 
trustee, but who shall be a resident of the township, treasurer, 
if there be a vacancy in this office, who shall be ex officio clerk 
of the board. 

§ 23. The president shall hold his office one year, and the 
treasurer for two years, and until their successors are appointed; 
but either of said officers may be removed by the board for 
good and sufficient cause. 

§ 24. It shall be the duty of the president to preside at all 
meetings of the board; and it shall be the duty of the clerk to 
be present at all meetings of the board, and to record in a 
book to be provided for the purpose all of their official pro- 
ceedings, which book shall be a public record, open to the in- 
spection of any person interested therein. All of said proceed- 
ings when recorded shall be signed by the president and clerk. 
If the president or clerk shall be absent or refuse to perform any 
of the duties of his office at any meeting of the board, a presi- 
dent or clerk pro tern may be appointed. 

§ 25. It shall be the duty of the board of trustees to hold 
regular semi-annual meetings on the first Mondays of April and 
October, and special meetings may be held at such other times 
as they think proper. Special meetings of the board may be 
called by the president or any two members thereof. At all 
meetings two members shall be a quorum for business. 

§ 26. At the regular semi-annual meetings on the first Mon- 
days of April and October, the trustees shall ascertain the 
amount of state, county and township funds on hand and sub- 
ject to distribution, and shall apportion the same as follows: 

First — Whatever sum may be due for the compensation and 
the books of the treasurer, and such sum as may be deemed 
reasonable and necessary for dividing school lands, making- 
plats, etc. 

Second — And the remainder of such funds shall be divided 
among the districts or fractions of districts, in which schools 
have been kept in accordance with the provisions of this act 
and the instructions of the state and county superintendents 
during the preceding year ending June 30, in proportion to the 
number of children under twenty-one (21) years of age in each. 

§ 27. The funds thus apportioned shall be placed on the books 
of the treasurer to the credit of the respective districts, and the 



SCHOOLS. 273 



same shall be paid out by the treasurer on the legal orders of 
the directors of the proper districts in the same manner as other 
funds of the district are paid out. 

§ 28. The board of trustees of each township in this State 
shall prepare or cause to be prepared, by the township treasurer, 
the clerk of the board, the directors of the several districts, or 
other person, and forwarded to the county superintendent of the 
county in which the township lies, on or before the 15th day 
of Juij preceding- each regular session of the general assembly 
of this State, and at such other times as may be required by 
the county superintendent or by the State Superintendent of 
Public Instruction, a statement exhibiting the condition of 
schools in their respective townships for the preceding biennial 
period, giving separately each year, commencing on the first of 
July and ending on the last of June, which statement shall be 
as follows: 

First — The whole number of schools which have been taught 
in each year; what part of said number have been taught by 
males exclusively; what part have been taught by females ex- 
clusively; what part of said whole number have been taught by 
males and females at the same time, and what part by males 
and females at different periods. 

Second — The Avhole number of scholars in attendance at all 
the schools, giving the number of males and females separ- 
ately. 

Third — The number of male and female teachers, giving each 
separately; the highest, lowest and average monthly compen- 
sation paid to male and female teachers, giving each item 
separately. 

Fourth — The number of persons under twenty-one years of 
age, making a separate enumeration of those above the age of 
twelve years who are unable to read and write, and the cause 
or causes of the neglect to educate them. 

Fifth — The amount of the principal of the township fund ; the 
amount of interest of the township fund paid into the town- 
ship treasurj^; the amount raised by ad valorem tax, and the 
amount of such tax received into the township treasury, 
and the amount of all other funds received into the township 
treasury. 

Sixth — Amount paid for teachers' wages ; the amount paid 
for school house lots ; the amount paid for building, repairing, 
purchasing, renting and furnishing school houses ; the amount 
paid for school apparatus, for books and other incidental ex- 
penses for the use of school libraries ; the amount paid as com- 
pensation to township officers and others. 

Seventh — The whole amount of the receipts and expenditures 
for school purposes, together with such other statistics and 

—18 



274 SCHOOLS. 



information in regard to sctiools as the State Superintendent or 
county superintendent may require. And any township from 
which such report is not received in the manner and time re- 
quired by law, shall forfeit its portion of the public fund for 
the next ensuing year: Provided, that upon the recommenda- 
tions of the county superintendent, or for good and sufficient 
reasons, the State Superintendent may remit such forfeiture. 

§ 29. In all cases where a township is, or shall be divided 
by a county line or lines, the board of trustees of such town- 
ship shall make, or cause to be made separate enumerat ons 
of male and female persons of the ages as directed by section 
28 of this article, designating separately the number residing 
in each of the counties in which such township may lie, and 
forward each respective number to the proper county superin- 
tendent of each of said counties ; and in like manner as far as 
practicable, all other statistics and information enumerated 
and required to be reported in the aforesaid section, shall be 
separately reported to the several county superintendents; and 
all such parts of said statistical information as are not sus- 
ceptible of division and are impracticable to be reported 
separately, shall be reported to the county superintendent of 
the county in which the sixteenth section of such township is 
situated. 

§ 30. At each semi-annual meeting, and at such other meet- 
ings as they may think proper, the said township board shall 
examine all books, notes, mortgages, securities, papers, moneys 
and effects of the corporation, and the accounts and vouchers 
of the township treasurer, or other township school officer, and 
shall make such order thei'eon for their security, preservation, 
collection, correction of errors, if any, and for their proper 
management, as may seem to said board necessary. 

§ 31. The trustees of schools in each township in the State 
may receive any gift, grant, donation or devise made for the 
use of any school or schools, or library, or other school pur- 
poses within their jurisdiction; and they shall be and are here- 
by invested in their corporate capacity, with the title, care and 
custody of all school houses and school house sites: Provided, 
that the supervision and control of such school houses and 
school house sites shall be vested in the board of directors of 
the district. 

§ 32. When, in the opinion of any board of directors, thej 
school house site or any buildings have become unnecessary oi 
unsuitable or inconvenient for a school, the board of trustees>| 
on petition of a majority of the voters of the district, shall sell 
and convey the same in the name of the said board, after giv- 
ing at least twenty days' notice of such sale by posting upl 



SCHOOLS. 275 



written or printed notices thereof, particular!}^ describing said 
property, and the terms of sale, which notice may be in the fol- 
lowing; form, viz. : 

Public notice is hereby given that on the day of 

, A. D , the trustees of schools of township No. 

, range No will sell at public sale, on the 

premises hereinafter described, between the hours of ten o'clock 
A. M. and three o'clock P. M., the school house situated on the 
school house site, known as (here describe the site by its num- 
ber, commonly known name, or other definite description) and 
located in the (here describe its place in the section), which 
sale will be made on the following terms, to-wit : (here insert 
as " one third of the purchase money cash in hand, and the 
balance in two equal payments, due in one and two years from 

the day of the sale, with interest at the rate of per 

cent, from date.") 

A. B. 
C. D. 
E. F. 

Trustees. 

And the deed of conveyance of the property so sold shall be 
executed by the president and clerk of said board, and the pro- 
ceeds of such sale shall be paid over to the township treasurer, 
for the benefit of said district. 

§ 33. All conveyances of real estate which may be made to 
said board, shall be made to said board in their corporate 
name and to their successors in office. 

§ 34. The township board shall cause all moneys for the use 
of the townships and districts to be paid over to the town- 
ship treasurer, who is hereby constituted and declared to be the 
only lawful depositoi'y and custodian of all towniship and dis- 
trict school funds. They shall have power also to remove the 
township treasurer at any time, for any failure or refusal to 
execute or comply with any order or lequisition of said board, 
legally made and entered of record, or for other improper con- 
duct in the discharge of his duty as treasurer. They shall also 
have power for any failure or refusal as aforesaid to sue him 
upon his official bond and recover all damages sustained by 
the said board in its corporate capacity, b^" reason of such 
neglect or refusal as aforesaid. 

§ 35. The township trustees are hereby vested with general 
power and authority to purchase real estate, if in their opinion 
the interests of the towmship fund will be promoted thereby, in 
satisfaction of any judgment or decree wherein the said board 
or the county superintendent are plaintiffs or complainants ; 
and the title of such real estate so purchased shall vest in said 
board for the use of the inhabitants of said township, for 
school purposes. 



276 SCHOOLS. 



§ 36. The board of trustees are hereby vested with general 
power and authority to make all settlements with persons in- 
debted to them in their otfieial capacity, or to receive deeds to 
real estate in compromise, and to cancel, in such nmnner as 
they may think proper, notes, bonds, mortgages, judgments 
and decrees, existing or that may hereafter exist, for the bene- 
fit of the township, when the interests of said township, or of 
the fund concerned, shall, in their opinion, require it and their 
action in the premises shall be valid and binding. 

§ 37. The board of trustees are hereby authorized to lease or 
sell at public auction, any land that may come into their pos- 
session in the manner provided for in either of the two preced- 
ing sections, in such manner and on such terms as they may 
deem for the interests of the townships. Provided, that 
in all cases of sale of such land, the sale shall be either at 
the door of the court house, where judicial sales of lands are 
usually made or else on the premises to be sold, as the trustees 
may order and direct: And, provided, that in all cases of sale of 
land as provided in this section, the sale shall be ma,de in the man- 
ner provided for sale of the sixteenth section by section 14 of 
article 13 of this act. 

§ 38. Upon petition of not less than fifty voters of any 
school township filed with the township treasurer at least fif- 
teen days preceding the regular election of trustees, it shall be 
the duty of said treasurer to notify the voters of said town- 
ship that an election "For" or "Against" a township high 
ischool will be held at the said next regular election of trustees, 
by posting notices of such election in at least ten of the most 
public places throughout such township, for at least ten days 
before the day of such regular election, which notices may be in 
the following manner, viz. : 

High School Election. 

Notice is hereby given that on Saturday, the day 

of April, A. D an election will be held at .. 

for the purpose of voting "For" or "Against" the proposition 
to establish a township high school for the benefit of township 

No , range No The polls for said election will be,| 

open at and close at o'clock of said day. 

A. B. 

Township treasurer. 

§ 39. The ballots for such election shall be received and can- 
vassed as in other elections, and may have thereon the name 
of the person or persons whom the voter desires for trustee or 
trustees. 

§ 40. If a majority of the votes at such election shall be 
found to be in favor of establishing a township high school, it 



SCHOOLS. 'Zi( 



shall be the duty of the trustees of the township to call a 
special election on any Saturday within sixty days from the 
time of the election establishing the township high school, for 
the purpose of electing a township board of education, to con- 
sist of five members, notice of which election shall be given for 
the same time and in the same manner as provided for in the 
election of township trustees. The members elected shall de- 
termine by lot, at their first meeting, the length of term each 
is to serve. Two of the members shall serve for one year each, 
two for two years, and one for three j^ears from the second 
Saturday of April next preceding their election. Whenever a 
vacancy occurs, except by death or resignation, a successor or 
successors shall be elected, each of whom shall serve for three 
years, which subsequent election shall be held on the same day 
and in the same manner as the election of township trustees. 
In case of vacancy from other cause than the expiration of the 
term of office, the board shall call an election without delay, 
which election may be held on sa\j Saturday, notice of which 
shall be given for the same time and in the same manner as 
for the election of toAvnship trustees. Within ten days after 
their election, the members of the township board of education 
shall meet and organize by electing one of their number presi- 
dent, and by electing a secretary. It shall be the duty of the 
township board of education, to establish at some central 
point most convenient to a majority of the pupils of the town- 
ship, a high school for the education of the more advanced pu- 
pils. 

§ 41. For the purpose of building a school house, support- 
ing the school and paying other necessary expenses, the town- 
ship shall be regarded as a school district, and the township 
board of education shall have the power and discharge the 
duties of directors for such district in all respects. 

§ 42. In like manner the voters and trustees of two or more 
adjoining townships, or parts of townships, may co-operate in 
the establishment and maintenance of a high school, on such 
terms as they may, by written agreement made and signed by 
the boards of trustees, enter into. 

§ 43. AVhen any township, townships or parts of townships 
shall have organized a high school, and wish to discontinue 
the same, upon petition of not less than a majority of the le- 
gal voters of said township, townships or parts of townships, 
filed with the township treasurers of said townships at least 
fifteen days preceding a regular election of trustees, it shall be 
the duty of the said treasurers to notify the voters of the 
township, townships, or parts of townships that an election 
will be held on the day of said regular election of trustees, for 
the purpose of voting ''For" or ''Against"" discontinuing the 
township high school : which notice shall be given in the same 



2YO SCHOOLS. 



manner and for the same length of time, and may be in sub- 
stantially the same form as the notice provided for in section 
38 of this article. 

§ 44. The ballots for such election shall be received and can- 
vassed in the same manner as provided for in section 39 of this 
article. If the majoritj^ of the votes at such election shall be 
found in favor of discontinuing the high school, it shall be the 
duty of the trustees to discontinue the same, and turn all the 
assets of the said high school over to the school fund of the 
township or townships interested therein, in proportion to the 
assessed valuation of said townships, to be used as any other 
township funds for school purposes. 

§ 45. No trustee of schools shall be interested in the sales, 
proceeds or profits of any book, apparatus or furniture used 
in any school in this State with which such trustee may be in 
an}" manner connected. For offending against the provisions 
of this section any such trustee shall be liable to indictment, 
and, upon conviction, shall be fined in a sum not less than 
twenty-five dollars nor more than fTve hundred dollars, and 
may be imprisoned in the county jail not less than one nor 
more than tw^elve months, at the discretion of the court. 

§ 46. Trustees of schools in newly organized townships shall 
lay off the township into one or more school districts, to suit 
the wishes or 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 districts than 

one. District No in township No range No 

of the P. M. (according to the proper numbers) county 

of and state of Illinois. 

§ 47. In a township where such division into districts has been 
made, the said trustees may, in their discretion, at the regular 
meeting in April, when petitioned as hereinafter- provided for, 
change such districts as lie wholly within their townships, so 
as: 

First — To divide or consolidate districts. 

Second — To organize a new district out of territory belong- 
ing to two or more districts. 

Third — To detach territory from one district and add the 
same to another district adjacent thereto. 

§ 48. No change shall be made as provided for in the pre- 
ceding section, unless petitioned for: 

First — By a majority of the legal voters of each of the dis- 
tricts affected by the proposed change. 

Second — By two-thirds {%) of the legal voters living within 
certain territory, described in the petition asking that the said 
territorv be detached from one district and added to another. 



Third — By two-thirds of all the legal voters living within cer- 
tain territory, containing not less than ten (10) families, ask- 
ing that said territory may be made a new district. 

§ 49. In school districts, having a population of not less 
than one thousand inhabitants, any desired change of bound- 
aries may be submitted to the trustees by a vote of the people, 
instead of by the petition provided for in the preceding section; 
and when petitioned so to do by twenty-five legal voters of the 
district, the school board of the district shall submit the ques- 
tion of the change desired, to the voters of said district, at a 
special election called for that purpose, and held at least thirty 
days prior to the regular April meeting of the trustees. If a 
majority of the votes cast at any such election shall be in favor of 
the change proposed, then, due return of the election having been 
made to the township treasurer, the township trustees shall 
consider and take action the same as if petitioned therefor by a 
majority of the legal voters of such district: Provided, that 
no question of change of boundaries shall be submitted to a 
vote of the school district more than once in any one year. 

§ 50. No petition shall be acted upon by the board of trus- 
tees unless such petition shall have been filed with the clerk of 
the said board of trustees at lea,st twenty days before the reg- 
ular meeting in April, nor unless a copy of the petition, to- 
gether with a notice in writing, vsigned by one or more of the 
petitioners, shall be delivered by the petitioners, or some one of 
them, at least ten 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. 

Which notice may be in the following form, to-wit: 

The directors in district No , in township No , range 

No of the principal meridian, will take notice that 

the undersigned and others have made and filed with the board 
of trustees of said township, their petition, a copy of which is 
herewith handed to you. 

Signed 

§ 51. At the said April 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 
provided for in section 48 of this article, the same changes may 
be made in the boundaries both of districts which lie in sepa- 
rate townships, but adjacent to each other, and of districts 
formed of parts of two or more townships, as are permitted to 
be made in districts which lie wholly in one township. 

§ 52. When at the regular meeting of the trustees in April 
any petition shall come before the trustees, asking for any 
change in boundaries, it shall be the duty of the trustees to 



«U±1UU1jS. 



ascertain if the foregoing provisions have been strictly comphed 
with; and if it shall appear that they, or either of them, have 
not been complied with, then, in such case, the board shall ad- 
journ for not longer than four weeks, in order that the fore- 
going provisions may be complied with; but there shall be but 
one adjournment for such purpose. 

§ 53. If on the day of the regular meeting, or, in case of an 
adjournment, at the adjourned meeting, it shall appear that 
such provisions have been complied with, then the trustees shall 
consider the petition, and shall also hear any legal voters liv- 
ing in the district or districts that will be affected by the change 
if made, who may appear before them to oppose the petition, 
and they shall grant or refuse the prayer of the petitioners with- 
out unreasonable delay. After the trustees shall consider the 
petition, no objection shall be thereafter raised as to its form, 
and their action shall be prima facie evidence that all the formal 
requirements have been complied with. 

§ 54. The petitioners or the legal voters who have appeared 
before the trustees at the meeting when the petition was con- 
sidered, and opposed the same, shall have the right of appeal 
to the county superintendent of schools: Provided, that the 
party appealing tiles with the clerk of the trustees a written 
notice of appeal within ten days after the final action upon the 
petition by the trustees, which notice may be in the following 
form, to-wit: 

To the trustees of schools, township No , range No , 

of county, Illinois. 

You are hereb}^ notified that the undersigned will appeal from 

your decision, made on the day of , A. D. 

, granting, (or refusing) the pra^^er of the petition in 

regard to (here give substance of the petition concerned) 

to the county superintendent of schools of county, 

Illinois, as provided by law. 

Signed 

§ 55. When an appeal is taken from the action of the trus- 
tees to the county superintendent, the clerk of the trustees shall, 
within five 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 superintendent, whose dut}^ it shall be to investigate the 
case upon such appeal; and if, in his opinion, the change asked 
is for the best interests of the district oi* districts concerned, he 
shall make such change or changes; but if he considers the pro- 
posed change unadvisable, he shall refuse to make it, shall 



SUHUU-LiS. ZO± 



reverse, if need be, the action of the trustees, and shall give the 
clerk from whom he received the papers immediate notice of his 
decision, and his action shall be final and binding. If the changes 
asked for by the petitioners shall be made by the county super- 
intendent, he shall notify in writing the clerk b^^ whom the 
papers in the case were transmitted to him, of his action, and 
the clerk shall thereupon make a record of the same and shall, 
within ten days thereafter, make a c-op}' of the same and a map 
of the township, showing the districts and an accurate list of 
the taxpayers of the newly arranged districts, and deliver them 
to the county clerk for filing and record by him, the same as 
if the changes had been ordered by the trustees. 

§ 56. In all cases where the territory affected by a proposed 
change of district boundaries is divided by a county line or 
lines, the appeal may be taken to the count v superintendent of 
schools of any one of the counties in which said territory is 
parti}'' located, and upon any appeal being taken in anj^ such 
case, the county superintendent of schools, to whom such ap- 
peal is taken shall, forthwith, give notice to the county super- 
intendent or superintendents 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 county super- 
intendents of schools, of the counties in which the said territory 
is located, shall meet together at such time and place and to- 
gether hear and determine said appeal. In case the said county 
superintendents shall be unable to arrive at an agreement, then 
the countA^ judge of the county where such appeal is pend- 
ing, shall be called and shall constitute one of the board of 
appeal, and thereupon the appeal shall be heard and deter- 
mined by them. And the county superintendent of schools to 
whom such appeal is taken, shall at once notify, in writing, 
the clerk hj whom the papers in the case were transmitted to 
him, of the action taken on such appeal as hereinafter pro- 
vided. 

§ 57. Whenever change in boundaries is made by the trustees 
of schools, if no appeal is taken to the county superintendent, 
the clerk of the trustees shall make a complete copy of the 
record of the action of the trustees, which copy shall be certi- 
fied 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 tor record within 
twentj^ days of the action of the trustees. 

§ 58. In case any territory shall be set off from any district 
that has a bonded debt, the change not being petitioned for by 
a majority of the legal voters of said district, such original dis- 
trict shall remain liable for the payment of such bonded debt, 
as if not divided. The directors of the original district having- 



282 SCHOOLS. 



such bonded debt and of the district into which the territory 
taken from such original district has been incorporated or 
formed, shall constitute a joint board for the purpose of deter- 
mining 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 property embraced within such original district, as if it had 
not been divided. 

§ 59. When the trustees of schools shall organize a new dis- 
trict as hereinbefore provided for, it shall be the duty of the 
clerk of the board of trustees, if no appeal is taken to the 
county superintendent, to order, within fifteen 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 school directors, notice being 
given by the township treasurer, who shall post up at least three 
notices of such election in at least three prominent places in 
said district, at least ten days prior to the time appointed for 
holding such election, which notices shall specify the time and 
place where such election is to be held, the time for opening 
and closing the polls, and the object of said election, which 
notice may be in the following form, to-wit: 

Election Notice. 

Public notice is hereby given that on the day of , 

A. D , an election will be held at for the purpose 

of electing three school directors for the new district known as 

district No , in township No , range No , of the 

P. M. in county, Illinois. 

The polls at said election will be opened at o'clock M, 

a,nd close at o'clock M. By order of the board of trustees 

of said township. 

Signed 

Township treasurer. 

§ 60. At the time appointed for opening the polls for said 
election, it shall be the duty of the legal voters present, five of 
whom shall constitute a quorum, to appoint three of their 
number, two of whom shall act as judges, and one as clerk of 
said election, and the election in all other respects shall be con- 
ducted as other elections for the election of school directors. 

§ 61. Within ten days after the election, it shall be the duty 
of the directors elected at such election, to meet at some con- 
venient time and place previously agreed upon by said directors, 
and organize as a district board, by appointing one of their 
number president, and another of their number clerk of said 
board, as in other cases of the election of school directors. At 



SCHOOLS. 283 



this first meeting of the directors they shall draw lots for their 
respective terms of office for one, two and three years, each of 
which shall be considered a fractional term, ending at each 
annual meeting according to the term drawn. 

§ 62. In case a new district is organized by the action of 
the county superintendent, the said clerk of the board of trustees 
shall, within five days after he has received notice of the action 
of the county superintendent on the appeal, order an election 
of directors in the new district, the same as if the change had 
been made by the board of trustees, and such election shall be 
held in the same manner as the election provided for where the 
trustees have formed such new district. 

§ 63. Whenever a new district has been formed by the 
trustees, or by the county superintendent, or county superin- 
tendents, from a part of a district or from parts of two or 
more districts, the trustees of the township or townships con- 
cerned shall pi'oceed forthwith to make a distribution of tax 
iunds, 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 re- 
ceive parts of such funds in proportion to the amount of taxes 
collected, next preceeding such division from the taxable pro- 
perty in the territory composing the several districts. If the 
new district be composed of parts of two or more districts, the 
trustees shall make distribution of said funds between the new 
district and the old districts, respectively, so that the new dis- 
trict 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 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 . 

§ 64. 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 days thereafter, proceed to the appointment 
of three appi'aisers, who shall not be citizens of the township 
or townships interested. It shall be the duty of said appraisers, 
within thirty days after their appointment, to appraise the 
school property, both real and personal, of the district or districts 
interested, at their fair cash value. Within thirty days after such 
appraisement, the trustee or trustees of the township or town- 
ships concerned shall proceed to charge the property to the dis- 
trict in which it may be found, and to credit the other district 



284 SCHOOLS. 



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 
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, and of the funds then on hand, or subsequentfy to 
accrue, belonging to such district to which such property is 
charged. 

§ 65. If the trustees shall fail to observe the provisions of 
sections 63 and 64, in reference to distribution of funds and 
property, they shall be individually and jointly liable to the 
district interested, in an action on the case, to the full amount 
of the damages sustained by the district aggrieved. Where 
trustees have heretofore failed to make distribution of property 
to districts, as provided in said sections 63 and 64 of this 
article, the district interested in the making of such distribution 
may, by its directors, request the trustees, in writing, to pro- 
ceed to make such distribution; and said trustees shall proceed 
to make such distribution in the manner prescribed, and shall 
be liable, as herein stated, for a neglect or failure so to do. 

§ 66. The clerk of any board of trustees who shall fail, 
neglect or refuse to perform the duties imposed upon him by 
this article of this act, or any of them, within the time and 
in the manner prescribed, shall for each offense forfeit not less 
than ten (10) nor more than twenty-five (25) dollars of his 
pay as clerk of the board of tr-ustees, and township treasurer, 
w^hich forfeiture shall be enforced by the trustees. 

§ 67. If any school district shall, for two 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 or more adjoining school districts: and in 
case said territory is added to two or more districts, to divide 
the property of said district between the districts to which its 
teriitory is added, in the manner hereinbefore provided for the 
division of property in case a new district is organized from a 
part of another district, and the action of the trustees in such 
a case shall be final and binding. And the clerk of the trustees 
in such case shall file a copy of the record of the same, together 
with the map and list of taxpayers with the county clerk as in 
other cases of change of district boundaries. 

§ 68. The majority of legal voters of a district lying in two 
or more townships may secure the dissolution of said district 
by petitioning the several boards of trustees of said townships, 
at their regular meeting in April, that each will add the teri'i- 
tory belonging to said district, in its township, to one or more 
adjacent districts. Upon receipt of such petition, or the returns 
of the election, in districts containing one thousand or more 



1 



SCHOOLS. 285 



inhabitants, the several boards of trustees shall each make 
such disposition of the territory of said district as lies in its 
township, and they shall jointh^ make such division of property 
of said district, between the districts to which its territory is 
attached, as is hereinbefore provided in the case of the organ- 
ization of a new district from a part of another district. The 
action of the trustees, in accordance with such petition or elec- 
tion, 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 lists of taxpayers with 
the county clerk, as in other cases of change of district 
boundaries. 

§ 69. The trustees of schools, elected as provided for in this 
article, shall be the successors to the trustees of school lands, 
appointed b,y the county commissioners' court, and of trustees 
of schools elected in townships under the provisions of "An act 
making provisions for organizing and maintaining common 
schools,'' approved February 26, 1841, and "An act to estab- 
lish and maintain common schools," approved March, 1, 1847, 
and "An act to establish and maintain a system of free 
schools,'' approved April 1, 1872. All rights of property, and 
rights and causes of action, existing or vested in the trustees 
of school lands, or the trustees of schools appointed or elected 
as aforesaid, for the use of the inhabitants of the township, or 
any part of them, shall vest in the trustees of schools, as 
successors, in as full and complete a manner as was vested in 
the trustees of school lands, or the trustees of schools appointed 
and elected as aforesaid. 



ARTICLE IV. 

TOWNSHIP TREASURER. 

Section 1. The township treasurer appointed by the board 
of trustees of schools shall, before entering upon his duties, execute 
a bond with two or more freeholders, who shall not be mem- 
bers of the board, as securities, payable to the board of trus- 
tees of the township for which he is appointed treasurer, with 
a sufficient penalty to cover all liabilities which may be incurred, 
conditioned faithfully to perform all the duties of township 

treasurer in township No , range No , in 

county according to law; which bond shall be approved by at 
least a majority of the board, and shall be delivered by one of 
the trustees to the county superintendent of the proper county. 
And in all cases where such treasurer aforesaid is to have the 
custody of all bonds, mortgages, moneys and effects denominated 



286 scHOOivS. 



principal, and belonging to the township for which he is ap- 
pointed treasurer, the penalty of said treasurer's bond shall be 
twice the amount of all bonds, notes, mortgages, moneys and 
effects ; and shall provide for the faithful accounting for, and 
turning over, of all such bonds, notes, mortgages, moneys and 
effects, as shall come into his hands while he may act as such 
treasurer, under such appointment, to his successor, when ap- 
pointed and qualified, as herein provided, by giving bond. The 
penalty of said bond shall be increased from time to time, as 
the increase of the amount of notes, bonds, mortgages and 
effects may require, and whenever in the judgment of the trus- 
tees or county superintendent the security is insufficient. Any 
and every township treasurer appointed, subsequent to the first, 
as herein provided, shall execute bond with security, as is 
required of the first treasurer. 

The bond required in this section shall be in the following 
form, viz.: 

State of Illinois, ] 

>ss. 

county, J 

Know all men by these presents that we, A. B., C. D. and E. 
F., are held, and firmly bond, jointly and severally, unto the 

board of trustees of township , range , in said 

county, in the penal sum of dollars, for the payment of 

which we bind ourselves, our heirs, executors and administrators 
firmly by these presents. 

In witness whereof, we have hereunto set our hands and seals 

this day of , A. D., 18 The condition 

of the above obligation is such, that if the above bounden 

A. B., township treasurer of township , range , 

in the county aforesaid, shall faithfully discharge the duties of 
said oflSce, according to the laws which now are, or may here- 
after be in force, and shall deliver to his successor in oflftce, 
after such successor shall have fully qualified, by giving. bond, 
as provided by law, all moneys, books, papers, securities and 
property, which shall come into his hands or control, as such 
such township treasurer, from the date of this bond up to the 
time that his successor shall have duly quahfied as township 
treasurer, by giving such bond as shall be required by law, then 
this obligation to be void; otherwise to remain in full force 
and virtue. 

Approved and accepted by 

G. H. 



J. J. 
K. L. 



A. B. (Seal) 

Trustees. C. D. (Seal) 

E. F. (Seal) 



SCHOOLS. 287 



§ 2. Every township treasurer shall provide himself with two 
well bound books, the one to be called a cash book, the other 
a loan book. He shall charg;e' himself in the cash book with 
all moneys received, stating the charge, when, from whom, and 
on what account received; and credit himself with all moneys 
paid or loaned, stating the amount loaned, the date of the 
loan, the rate of interest, the time when payable, the name of 
the securities, or, if real estate to be taken, a description of the 
same. 

He shall also enter, in separate accounts, moneys received 
and mone^^s paid out, charging the first to debit account, and 
crediting the latter as follows, to-wit: 

First — The principal of the township fund, when paid in and 
when paid out. 

Second — The interest of the township fund, when received, and 
when paid out. 

Third — The common school fund and other funds, when re- 
ceived from the county superintendent, and when paid out. 

Fourth — The taxes received from the county or town collector, 
for what district received, and when, and for what purpose paid 
out. 

Fifth — Donations received. 

Sixth — Moneys coming from all other sources; and in all 
cases entering the date when received, and when paid out. And 
he shall also arrange and keep his books and accounts in such 
other manner as may be directed by the state or county super- 
intendent, or the board of trustees. He shall also provide a book, 
to be called a journal, in which he shall record, fully and at 
length, the acts and proceedings of the board, their orders, by- 
laAvs and resolutions. And he shall also provide a book, to 
be called a record, in which he shall enter a brief description 
of all notes or bonds belonging to the township, and upon the 
opposite page he shall note down when paid, or any remarks 
to show where or in what condition it is, as in the following 
form, viz: 

Maker's name. Date of note. When due. Amount. Remarks. 

January 6, 
18..., handed 
A. B., to I. J. for 

C. D., Jan. 1, 18..., Jan. 1, 18..., |90.00 collection, 

E. F., (or January 

6, 18.., paid.) 

All the books and accounts of the treasurer shall at all times 
be subject to the inspection of the trustees, directors or other 
person authorized by this act, or by any committee appointed 
by the voters of the township, at the annual election of trus- 
tees, to examine the same. 



288 SCHOOLS. 



§ 3. Township treasurers shall loan, upon the following condi- 
tions all mone.ys which shall come to their hands by virtue of their 
office, except such as maij be subject to distribution. The rate 
of interest shall not be less than six (6) per cent, nor more 
than eight (8) per cent, per annum, payable annually, the rate 
of interest to be determined by a majority of the township 
trustees at any regular or special meeting of their board. No 
loans shall be made for less than six (6) months, nor more 
than (5) years. For all sums not exceeding two hundred dollars 
($200) loaned for not more than one year, two (2) responsible 
sureties shall be given; for all sums over two hundred dollars 
(|200), and for all loans for more than one (1) year, security 
shall be given by mortgage on real estate uniucumbered, in 
value forty per cent, more than the amount loaned with a con- 
dition that in case additional security shall be at any time re- 
quired, the same shall be given to the satisfaction of the board 
of trustees for the time being: Provided, that nothing herein 
shall prevent the loaning of township funds to boards of school 
directors, taking bonds therefor, as provided in section 1, 
article 9, of this act. 

§ 4. Notes, bonds, mortgages and other securities taken for 
money or other property due, or to become due to the board 
of trustees for the township, shall be payable to the said board 
by their corporate name ; and in such name, suits, actions and 
complaints, and every description of legal proceedings may be 
had for the recovery of money, the breach of contracts and for 
every legal liability which may at any time arise or exist, or 
upon which a right of action shall accrue to the use of such 
corporation: Provided, however, that notes, bonds, mortgages 
and other securities in which the name of the county superin- 
tendent, or of the trustees of schools are inserted, shall be valid 
to all intents and purposes, and suit shall be brought in the 
name of the board of trustees as aforesaid. The wdfe of the 
mortgagor, if he is married, shall join in the mortgage given 
to secure the payment of money loaned by virtue of the pro- 
visions of this act. 

§ 5. Whenever there is a surplus of funds in the treasurer's 
hands belonging to any school district, the treasurer may loan 
the same for the use and benefit of such district, upon the writ- 
ten request of the directors of said district and not otherwise; 
and all such loans shall be on the same conditions as are pre- 
scribed in this article for the loaning of township funds. 

§ 6. The township treasurer shall on or before the 30tli day 
of June annually, prepare and deliver to the county superin- 
tendent of his county, a statement, verified by his afiidavit, 
showing the exact condition of the township funds. Said state- 
ment shall contain a description of the securities, bonds, mort- 
gages and notes belonging to the township, giving names of 



SCHOOLS. 289 



securities, dates, amounts of loans, rate of interest, when due 
and all data by which a full understanding of the condition of 
the funds may be obtained- The county superintendent shall 
preserve such statement for the use of the township. 

§ 7. Mortgages to secure the payment of money loaned under 
the provisions of this a,ct, may be in the following form, viz.: 

I. A. B., of the county of and state of 

do hereby grant, convey and transfer to the trustees of schools 

of township , range in the county of 

and state of Illinois, for the use of the inhabitants of said 
township, the following described real estate, to-wit: (Here in- 
sert premises.) which real estate I declare to be in mortgage for 
the payment of dollars loaned to me, and for the pay- 
ment of all interest that may accrue thereon to be computed 

at the rate of per cent, per annum until paid. And I do 

hereby covenant to pay the said sum of money in years 

from the date hereof, and to pay the interest on the same an- 
nually, at the rate aforesaid. I further covenant, that I have 
a good and valid title to said estate, and that the same is free 
from all incumbrance, and that I will pay all taxes and assess- 
ments which may be levied on said estate; and that I will give 
any additional security that may at any time be required in 
writing by said board of trustees, and if said estate be sold to 
pay said debt, or any part thereof, or for any failure or refusal 
to comply with or perform the conditions or covenants herein 
contained, I will deliver immediate possession of the premises. 
And it is further agreed by and between the parties, in case a 
bill is filed in any court to foreclose this mortgage for non-pay- 
ment of either principal or interest, that the mortgagor will pay 
a reasonable solicitor's fee and the same shall be included in the 
decree and be taxed as costs; and we, A. B. and C, wife of A. 
B., hereby release all right to the said premises which we may 
have by virtue of any homestead laws of this State, and in con- 
sideration of the premises, C, wife of A. B., doth hereby release 
to said board all her right and title of dower in the afore- 
granted premises for the purpose aforesaid. 

In testimony whereof we have hereto set our hands and seals 

this day 18 

A. B. (Seal.). 
C. B. (Seal.) 

Which mortgage shall be acknowledged and recorded as is re- 
quired by law for other conveyances of real estate, the mort- 
gagor paying expenses of acknowledgment and recording. On 
payment of any school mortgage in full, it shall be the duty of 
the trustees of schools to give a deed of release of such mort- 
gage, or to enter satisfaction thereof upon the record, such 
deed of release or satisfaction to be executed by the township 
treasurer. 



—19 



290 SCHOOLS. 



§ 8. Upon the breach of any condition or stipulation con- 
tained in said mortgage, an action may be maintained and 
damages recovered as upon other covenants; but mortgages made 
in any other form to secure payment, as aforesaid, shall be 
valid as if no form had been prescribed. In estimating the 
value of real estate mortgaged to secure the payment of money 
loaned under the provisions of this law, the value of improve- 
ments liable to be destroyed may be included, but in any such 
case said improvements shall be insured for the insurable value 
thereof in some safe and responsible insurance company or com- 
panies, and the policy or policies of insurance shall be transfer- 
able to the board of trustees as additionable security for any 
loan, and shall be kept so insured until the loan is paid. 

§ 9. In all cases where the board of trustees shall require ad- 
ditional security for the payment of money loaned, and such 
security shall not be given, the township treasurer shall cause 
suit to be instituted for the recovery of the same, and all 
interest thereon to the date of judgment: Provided, that proof 
be made of the said requisition. 

§ 10. In the payment of debts by executors and administra- 
tors, those due the common school or township fund shall have 
a preference over all other debts, except funeral expenses, the 
widow's award, and the expenses attending the last sickness, 
not including the physician's bill. And it shall be the duty of 
the township treasurer to attend at the office of the probate 
judge, upon the proper day, as other creditors, and have any 
debts as aforesaid, probated and classed, to be paid as afore- 
said. 

§ 11. If default be made in the payment of interest due upon 
money loaned by any county superintendent or township treas- 
urer, or in the payment of the principal, interest at the rate of 
twelve per cent, per annum shall be charged upon the principal, 
and interest from the day of default, which interest shall be in- 
cluded in the assessment of damages, or in the judgment in the 
suit, or action brought upon the obligation to enforce payment 
thereof, and interest as aforesaid may be recovered in an action 
br-ought to recover interest only. The said township treasurer 
is hereby empowered to bring appropriate actions in the name 
of the board of trustees, for the recovery of the yearly interest, 
when due and unpaid, without suing for the principal, in what- 
ever form secured, and justices of the peace shall have juris- 
diction of such cases of all sums not exceeding two hundred 
dollars. 

§ 12. All suits brought, or actions instituted, under the pro- 
visions of this act, may be brought in the name of the trustees 

of schools, of township No , range No , except as 

provided for qui tarn actions, or actions in favor of county 
superintendents. 



SCHOOLS. 291 



§ 18. The said township treasurer shall demand, receive and 
safely keep, according to law, all moneys, books and papers 
of every description belonging to his township. He shall keep 
the township funds loaned at interest; and if on the first Mon- 
day in October in any year, there shall be any interest or other 
funds on hand which shall not be required for distribution, such 
amount not required as aforesaid, may, if the board of trustees 
see proper, forever be considered as principal in the funds to 
which it belongs, and loaned as such. 

§ 14. On the firs't Mondays in April and October of every 3^ear, 
the township treasurer shall lay before the board of trustees a 
statement showing the amount of interest, rents, issues and 
profits that have accrued or become due since their last regular 
half yearly meeting, on the township lands, and township funds, 
and also the amount of state and county fund interest on hand. 
He shall also lay before the said trustees, all books, notes, 
bonds, mortgages, and all other evidences of indebtedness be- 
longing to the township for the examination of the trustees, 
and shall make such other statement as the board may require, 
touching the duties of his office. 

§ 15. The said township treasurer shall make out annually, 
and present to the board of trustees at their meeting succeeding 
the annual election, a complete exhibit of the fiscal affairs of 
the township, and of the several districts or parts of districts 
in the township, showing the receipts of money, and the sources 
from which they have been derived, and the deficit and delin- 
quencies, if there be any, and the cause, as well as a classified 
statement of moneys paid out, and the amount of obligations 
'remaining unpaid. 

§ 16. The township treasurer shall within two days after the 
first Monday of April, and on July fifteenth in each year, make 
out for each district or part of district in the township, a state- 
ment or exhibit of the exact condition of the account- of such 
district or part of district, as shown by his books on April first 
and June thirtieth of each year, w^hich statement or exhibit 
shall show the balance at the time of making the last exhibit, 
and the amount received since, up to the time of making the 
exhibit, and when and from what source received; and it shall 
also show the amount paid out during the same time, to Avhom 
paid, and for what purpose, and shall be balanced and the bal- 
ance shown. It shall be the duty of said treasurer to comply 
with any lawful demand the said trustees may make as to the 
verification of any balance reported by said treasurer to be on 
hand. The exhibit shall be subscribed and sworn to by the 
treasurer before any officer authorized to administer an oath, 
and shall then, by the treasurer, be, without delay, delivered, 
or transmitted by mail, to the clerk of the board of directors 
of the proper district. It shall be the duty of the said clerk, 



292 SCHOOLS. 



upon receiving such exhibit, to enter the same upon the records 
of the district, and at the next annual election of directors 
thereafter, to cause a copy thereof to be posted up at the 
front door of the building Avhere such election is held. 

§ 17. For a failure on the part of the treasurer, clerk of any 
board of directors, or any director, to comply with an}" of the 
requirements of the preceding sections of this article, he shall 
be liable to a penalty of not less than five dollars nor more 
than fifty dollars, to be recovered before any justice of the 
peace of the county in which the offense is -committed. 

§ 18. When any order drawn for the payment of a teacher 
is presented to the township treasurer for payment, and is not 
paid for want of funds, the said treasurer shall make a written 
statement over his signatui'e by a,n endorsement on such order, 
with date, showing such presentation and non-payment, and 
shall make and keep a record of such endorsement. Such order 
shall thei'eafter draw interest at the rate of eight per cent, per 
annum until paid, or until the treasurer shall, in writing, notify 
the clerk of the board of directors that he has funds to pay 
such order, and of said notice the said treasurer shall make 
and keep a record; after giving said notice he shall hold the 
funds necessary to pay s'uch order until it is presented for pay- 
ment, and such orders shall draw no interest after the giving 
of said notice to said clerk of the board. 

§ 19. In addition to the foregoing requirements, it shall be 
the duty of the said township treasurer: 

First — To return to the county clerk of his county, on or be- 
fore the second Monday of August in each ,year, the certificate 
of tax levy made by each board of school directors in his town- 
ship. 

Second — to pay, whenever he has funds in his hands belong- 
ing to the district, all lawful orders drawn on him by the board 
of directors of any school district in his township. 

Third — To collect from the collector of taxes of the township 
and the county collector of taxes, the full amount of the tax 
levies made by the several boards of directors in his township. 

Fourth — To examine the official record of each school district 
in the township on the first Mondays in April and October of 
each year. 

Fifth— To keep a correct account between the districts where 
pupils are transferred by the directors from one disti-ict to an- 
other. 

Sixth — To give, upon the order of the trustees of schools, 
notice of the election of trustees, as required by law. 

Seventh — To give, in case of the formation of a new school 
district, notice of the election of a board of school directors. 



SCHOOLS. 293 



Eighth — To cause to be published, in some newspaper pub- 
lished in his county, an annual statement of the finances of the 
township, as required by law. 

Ninth — To make, whenever a change has been made in the 
boundar-ies of a school district, a complete copy of the records 
of the trustees, a map of the township showing such change of 
boundaries, and an accurate list of the taxpayers in the newly 
arranged districts, and file the same w'ith the county clerk 
within twenty days of the time such change was made. 

Tenth — To file and safely keep all poll-books and returns of 
elections which may be delivered to him under any provision 
of this act. 

Eleventh — To receive and safely keep all moneys, securities, 
papers and effects belonging to the township or the' school dis- 
tricts, which, by law, are required to be deposited with such 
treasurer. 

§ 20. For any failure or refusal to perform all the duties re- 
quired of the township treasurer by law, he shall be liable to 
the board of trustees, upon his official bond, for all damages 
sustained, to be recovered by action of debt by said board in 
their corporate name, for the use of the proper township, before 
any court having jurisdiction of the amount of damages claimed; 
but if such treasurer, in any such failure or refusal, acted under 
and in conformity to a requisition or order of said boaid, or a 
majority of them, entered upon their journal and subscribed by 
their president and clerk, then and in that case, the members 
of the board aforesaid, or those of them voting for such requi- 
sition or order aforesaid, and not the treasurer, shall be liable, 
jointly and severally, to the inhabitants of the township for 
such damages, to be recovered b^^ an action of assumpsit, in the 
official name of the county superintendents of schools, for the 
use of the proper townships: Provided, that said township 
treasurer shall be liable for any part of the judgment obtained 
against said trustees which cannot be collected on account of 
the insolvency of such trustees. 

§ 21. Whenever a township treasur-er shall resign or be i-e- 
moved, and at the expiration of his term of office, he shall 
pay over to his successor in office all money on hand, and de- 
liver over all books, notes, bonds, mortgages, and all other 
securities for money, and all papers and documents of every 
description, in which the corporation has any lawful interest 
whatever. And in case of the death of the township treasurer, 
his securities and legal representatives shall be bound to com- 
ply with the requisitions of this section, so far as the said securi- 
ties and legal representatives may have the power so to do. 
And for a failure to comply with the requisitions of this sec- 
tion, the persons neglecting or refusing, shall be liable to fi 



294 SCHOOLS. 



penalty of not less than ten (10) dollars, nor more than one 
hundred (100) dollars, at the discretion of the court before 
which judgment may be obtained, to be recovered in an action 
of debt in the name of the trustees of schools, before any 
justice of the peace, for the benefit of the school fund of such 
township: Provided, that the obtaining or payment of such 
judgement shall in no wise discharge or diminish the obligation 
of the persons signing the official bond of such township 
treasurer. 

§ 22. The township treasurers shall receive in full for all 
services rendered by them a compensation to be fixed prior to 
their election by the board of trustees. 



ARTICLE V. 

BOARD OF DIRECTORS. 

Section 1. In all school districts having a population of less 
than two [one] thousand inhabitants and not governed b}^ 
any special act in relation to free schools now in force, there 
shall be elected in the manner hereinafter provided for, a board 
of directors to consist of three members. 

§ 2. The directors of each district are hereby declared a body, 
politic and corporate, by the name of "school directors of dis- 
trict No , township No , range , county of 

, and state of Illinois," and by that name may sue and 

be sued in all courts and places whatever. 

§ 3. Any person, male or female, married or single, of the 
age of twenty-one years and upwards, who is a resident of the 
school district, and who is able to read and write in the Eng- 
lish language, shall be eligible to the office of school director: 
Provided, that no person shall be eligible to the office of school 
director who is at lihe time a member of the board of school 
trustees. 

§ 4. If any director shall, during the term of his office, re- 
move from the district in which he was elected, his office shall 
thereby become vacant and a new director shall be elected, as 
in other cases of vacancy in office. 

§ 5. The annual election of school directors shall be on the 
third Saturday of April, when one director shall be elected in 
each district, who shall hold his office for three years, and un- 
til his successor is elected. 

§ 6. In new districts the first election of directors may be on 
any Saturday, notice being given hj the township treasurer, as 



SCHOOLS. 295 



ior the election of trustees, when thiee directors shall be elected, 
who shall, at their first meeting-, draw lots for their respective 
terms of otfice, for one, two, and three years. 

§ 7. When vacancies occur, the remaining director or direct- 
ors, shall, without delay, order an election to fill such vacan- 
cies, which election shall be held on Saturday. 

§ 8. Notices of all elections in organized districts shall be 
given by the directors at least ten days previous to the day of 
said election. Said notices shall be posted in at least three of 
the most public pla.ces in the district, and shall specify the 
place where such election is to be held, the time of opening and 
closing of the polls, and the question or questions to be voted 
on. 

§ 9. Should the directors fail or refuse to order any regular 
■or special election, as aforesaid, it shall be the duty of the 
township treasurer to order such election, and if the township 
"treasurer fails to do so, then it shall be the duty of the county 
superintendent to order such election of directors within ten 
days, in each case, of such failure or refusal, and the election 
held in pursuance of such order shall be valid, the same as if 
•ordei'ed by the directors. 

§ 10. Two of the directors ordering such election shall act 
as judges and one as clerk of such election. But if said direc- 
tors or any of them shall fail to order an election, to attend, 
or shall refuse to act when present, and in all unorganized 
districts, and in elections to fill vacancies, the legal voters 
when assembled, shall choose such additional members as may 
"be necessary to act as two judges and a clerk of said election: 
Frovided, that if upon the day appointed for said election the 
said directors or judges shall be of opinion that, on account of 
the small attendance of voters, the public good requires it, or if 
the voters present, or a majority of them, shall desire it, they 
shall postpone said election until the next Saturday, at the 
same jjlace and hour, when the voters shall proceed as if it 
were not an adjourned meeting: And, provided, also that if 
notice shall not have been given as above required, then said elec- 
tion shall be ordered as aforesaid, and holden on any Saturday, 
notice thereof being given as aforesaid. 

§ 11. In case of a tie vote, the judges shall decide it b^^ lot on 
the day of the election. 

§12. Within ten days after every election of directors the j uclges 
shall cause the poll book to be delivered to the township treas- 
urer with a certificate thereon, showing the election of said direc- 
tors and the names of the persons elected ; which poll book shall 
be filed by the township treasurer, and shall be evidence of said 
election. 



296 SCHOOLS. 



§ 13. In case of a union district, made up of parts of two or 
more townships, the poll book shall be returned to the township 
treasurer who receives the tax money for said district. 

§ 14. For a failure to deliver the poll book within the time 
prescribed, the judges shall be liable to a penaltj" of not less than 
twenty-five (25) dollars nor more than one hundred (100) dol- 
lars, to be recovered in the name of the People of the State of Illi- 
nois, by action of assumpsit, before any justice of the peace of the 
county, which penalty, when recovered shall be added to the town- 
ship school fund of the township. 

§ 15. The directors within ten days after the annual election 
of the directors shall meet and organize by appointing one of 
their number president, and another of their number clerk of 
such board of directors. 

§ 16. Two directors shall be a quorum for business. 

§ 17. The clerk of such board of directors shall keep a record 
of all the official acts of the board in a well bound book 
provided for that purpose, which record shall be signed by the 
president and clerk, and shall be submitted to the township 
treasurer for his inspection and approval on the first Mondays 
of April and October, and at such other times as the township 
treasurer may require. 

§ 18. The board of directors shall hold regular meetings at 
such times as they may designate; and they may hold special 
meetings as occasion may require, at the call of the president 
or any two members. 

§ 19. No official business shall be transacted by the board 
except at a regular or special meeting. 

§ 20. If the president or clerk be absent from any meetingv 
or being present, refuses to perform his official duties, a presi- 
dent or clerk pro tempore shall be appointed. 

§ 21. The clerk of each board of school directors shall report 
to the township treasurer or treasurers of the proper township 
or townships immediately after the organization of the board, 
the names of the president and clerk of such board. 

§ 22. On or before the seventh day of July, annually, the- 
clerk of each board of directors shall report to the township 
treasurer having the custody of the funds of such district, such 
statistics and other information in relation to the schools of 
his respective district as the township treasurer is required to 
embody in his report to the county superintendent, and the par- 
ticular statistics to be so reported shall be determined and de- 
signated by the State Superintendent of Public Instruction, or 
by the county superintendent. 

§ 23. No director shall be interested in any contract made by 
the board of which he is a member. 



SCHOOLS. 297 



§ 24. No director shall be interested in the sale, proceeds or 
profits of any book, apparatus or furniture, used, or to be used, 
in any school in this State, with which he may be connected. 

§ 25. Any person offending against the provisions of the two 
preceding sections shall be liable to indictment, and upon con- 
viction, shall be fined in any sum not less than twenty-five 
(25) dollars, and not more than five hundred (500) dollars, 
and may be imprisoned in the county jail not less than one nor 
more than twelve months, at the discretion of the court. 

§ 26. It shall be the duty of the board of directors of each 
district: 

First — At the annual election of directors, to make a detailed 
report of their receipts and expenditures to the voters there 
present, and transmit a copy of such report to the township 
treasurer, within five days from the time of said election. 

Second — To report to the county superintendent, within ten 
days after their employment, the full names of all persons em- 
ployed as teachers, the date of the beginning and the end of 
their contract. 

Third — To provide for the necessary revenue to maintain free 
schools in their district, in the manner provided for in article 
8 of this act. 

Fourth — When a district is composed of parts of two or more 
townships, the directors shall determine and inform the collectors 
of said townships, and the collector or collectors of the county 
or counties in which said townships lie, in writing, under their 
hands as directors, which of the treasurers of the townships 
from which their district is formed, shall demand and receive 
the tax money collected by the said collector, as afc^-esaid. 

Fifth — To establish and keep in operation, for at least one 
hundred and ten (110) days of actual teaching, in each year, 
without reduction by reason of closing schools on legal holidays, 
or for any other cause, and longer if practicable, a sufficient 
number of free schools for the accommodation of all children in 
the district, over the age of six (6) and under twenty-one (21) 
years, and shall secure for all such children the right and op- 
portunity to an equal education in such free schools. 

Sixth — To adopt and enforce all necessary rules and regula- 
tions for the management and government of the schools. 

Seventh — To visit and inspect the schools from time to time 
as the good of the schools may require. 

Eighth — To appoint all teachers and fix the amount of their 
salaries. 

Ninth — The directors shall direct what branches of study shall 
be taught and what text books and apparatus shall be used 



208 SCHOOLS. 



in tilie several schools, and strictly enforce uniformity of text 
books therein, but shall not permit text books to be changed 
oftener than once in four years, but shall prohibit such change. 

Tenth — The directors shall have power to purchase, at the ex- 
pense of the district, a sufficient number of the text books 
used, to supply children whose parents are not able to buy 
them. The text books bought for such purpose shall be loaned 
only, and the directors shall require the teacher to see that they 
are properly cared for and returned at the end of each term of 
school. 

Eleventh — The directors shall on or before the seventh day of 
July, annually, deliver to the township treasurer, all teachers' 
schedules made and certified as required by the provisions of 
article 7 of this act, covering all time taught during the school 
year, ending June 30, and the directors shall be personally 
liable to the district for any loss sustained by it, through the 
failure of the directors to examine and so deliver such schedules 
W'ithin the time fixed by law. 

Twelfth — The directors shall not pay out any pubhc money to 
any teacher unless such teacher shall at the time of his or her 
employment, hold a certificate of qualification, obtained under 
the provisions of this act, covering the entire period of his or 
her emplo^mient. 

Thirteenth — The directors shall not paj any public funds to 
any teacher, unless such teacher shall have kept and furnished 
schedules as required by this act, and shall have satisfactorily 
accounted for books, apparatus and other property of the dis- 
trict that he may have taken in charge. 

Fourteenth — The directors shall pay teachers' wages monthly. 
Upon the receipt of schedules, properly certified, the directors 
shall at once make out and deliver to the teacher an order 
upon the township treasurer for the amount named in the 
schedule; which order shall state the rate at which the teacher 
is paid according to his contract, the limits of time for which 
the order pays, and that the directors have duly certified a 
schedule covering this time. But it shall not be lawful for the 
directors to draw an order until they have duly certified to the 
schedule; nor shall it be lawful for the directors after the date 
of filing schedules as fixed by law, to certify any schedule not 
delivered to them before that date by the teacher, when such 
schedule is for time taught before the first of July preceding, 
nor to give an order in payment of the teachers' wages for the 
time covered by such delinquent schedule. 

Fifteenth — At the annual election of directors, the directors 
shall cause a copy of the township treasurer's report of the 
financial condition of the district, provided by law, to be posted 
upon the front door of the building where such annual election 
is held. 



SCHOOLS. 299 



§ 27. The board of school directors shall be clothed with the 
following- additional powers: 

First — To use any funds belonging to their district, and not 
otherwise appropriated, for the purchase of a suitable book for 
their records. And the said records shall be kept in a punctual, 
orderly and reliable manner. 

Second — Said directors may, where they deem the amount of 
labor done sufficient to justify it, allow the clerk of such board 
of directors, out of any funds not otherwise appropriated, com- 
pensation for duties actually performed. 

Third — They shall have power to dismiss a teacher for incom- 
petency, cruelty, negligence, immorality or other sufficient cause. 

Fourth — They shall have power to assign pupils to the several 
schools in the district, to admit non-residents, when it can be 
done without prejudice to the rights of resident pupils, to fix 
rates of tuition, collect and pay the same to the township 
treasurer, for the use of said districts. 

Fifth — They ma^^ suspend or expel pupils who may be guilty 
of gross disobedience or misconduct, and no action shall lie 
against them for such expulsion or suspension. 

Sixth — They may provide that children under twelve (12) 
years of age shall not be confined in school more than lour 
hours daily. 

Seventh-^They may appropriate for the purchase of libraries 
and apparatus, any school funds remaining after all necessary 
school expenses are paid. 

Eighth — When any school district owns any personal prop- 
erty not needed for school purposes, the directors of such dis- 
trict may sell such property at public or private sale, as in 
their judgment will be for the best interests of the district, and 
the proceeds of such sale shall be paid over to the treasurer of 
such district, for the benefit of said school district. 

Ninth — They may grant special holidays whenever in their 
judgment such action is advisable: Provided, no teacher shall 
l3e required to make up the time lost by the granting of such 
holidays. 

Tenth — They shall have the control and supervision of all 
school houses in their districts, and may grant the temporary use 
of school houses when not occupied by schools, for religious 
meetings and Sunday schools, for evening schools and library 
societies, and for such other meetings as the directors may 
deem proper. 

Eleventh — They shall have power to decide when the school 
house site, or the school buildings have become unnecessary, 
or unsuitable, or inconvenient for a school. 



300 SCHOOLS. 



Twelfth — They may borrow money and issue bonds therefor 
for buildnig school houses, purchasing sites, repairing and im- 
proving school houses, in the way and manner provided for by 
article 9 of this act. 

§ 28. The school directors shall draw no order or warrant 
payable on demand, upon the township treasurer, or against 
any fund in his hands, unless at the time of drawing such order 
or warrant there are sufficient funds in his hands to pay the 
amount of the same: Provided, this section shall not apply to 
orders issued to teachers for their wages. 

§ 29. Whenever there is no money in the treasurj^ of any 
school district to meet and defray the ordinary and necessary 
expenses thereof, it shall be lawful for the board of directors to 
provide that orders or warrants may be drawn and issued 
against and in anticipation of the collection of any taxes 
already levied by said directors for the payment of the ordinary 
and necessary expenses of any such district, to the extent of 
seventy-five per centum of the total amount of said tax levy: 
Provided, that warrants drawn and issued under the provisions 
of this section shall show upon their face that they are payable 
sole y from said taxes when collected, and not otherwise, and 
such warrants shall be received by any collector of taxes in pay- 
ment of the taxes against which they are issued, and which taxes 
against which said warrants or orders are drawn, shall be set 
apart and held for their payment. 

§ 30. The school directors shall be liable as directors for the 
balance due teachers, and for a'l debts legally contracted. 

§ 31. It shall not be lawful for a board of directors to pur- 
chase or locate a school house site, or to purchase, build or move 
a school house, or to levy a tax to extend schools beyond nine 
months, without a vote of the people at an election called and 
conducted as required by section 4 of article 9 of this act. 
A majority of the votes cast shall be necessary to authorize 
the directors to act: Provided, that if no one locality shall 
receive a majority of all the votes cast at such election, the 
directors may, if in their judgment the public interest re- 
quires it, proceed to select a suitable school house site; and 
the site so chosen by them shall in such case, be legal and valid, 
the same as if it had been determined by a majority of the votes 
cast; and the site so selected hy either of the methods above 
provided shall be the school house site for such district; and 
said district shall have the right to take the same for the pur- 
pose of a school house site either with or without the owner's 
consent by condemnation or otherwise. 

§ 32. In case the compensation to be paid for the school 
house site mentioned in the preceding section can not for any 
reason be agreed upon or determined between the school 



SCHOOLS. 301 



directors and the parties interested in the land taken for such 
site, then it shall be the duty of the directors of such district 
to proceed to have such compensation determined in the man- 
ner which may be at the time provided by law for the exercise 
of the right of eminent domain: Provided, that no tract of 
land lying outside of the hmits of any incorporated city or 
village, and lying within forty rods of the dwelling house of the 
owner of the land, shall be taken for a school site without the 
owner's consent. 

§ 33. Any director wilfully failing to perform his duties as 
director under this act may be removed by the county super- 
intendent, and a new election ordered, as in other cases of 
vacancies. 

§ 34. All funds belonging to any school district, and coming 
from any source, shall be paid out only on order of the board 
of directors, signed by The president and clerk of said board, or 
by a majority of saicl board. In all such ordeis shall be stated 
the purpose for which or on what account such order was 
drawn. Said order may be in the following form: 

The treasurer of township, No , range. 

No , in county, will pay to , or 

bearer, dollars and cents, (on his contract for 

repairing school house, or whatever the purpose may be.) By 

order of the board of directors of school district No 

in said township. 

A B , President, 

C D , Clerk. 

§ 35. Pupils shall not be transferred from one district to an- 
other without the written consent of a majorit}^ of the directors 
of each district, which written consent shall be delivered to and 
tiled by the proper township treasurer, and shall be evidence of 
such consent. A separate schedule shall be kept for each district 
and in each schedule shall be certified the proper amount due 
the teacher from that district, computed upon the basis of the 
total number of days' attendance of all schedules. If the district 
from which the pupils are transferred is in the same township 
as the district in which the school is taught, the directors of 
said district shall deliver the separate schedules to their town- 
ship treasurer, who shall credit the district in which the school 
was taught, and charge the other district with the respective 
amounts certified in said separate schedules to be due. If pupils 
are transferred from a district of another township, the schedule 
for that district shall be delivered to the directors thereof, who 
shall immediately draw an order on their treasurer in favor of 
the treasurer of the township in which the school was taught, 
for the amount certified to be due in said separate schedule. 



302 SCHOOLS. 



§ 36. When a. school is composed in part of pupils transfer- 
red as provided for in the preceding section, from other town- 
ships, the duty of collecting the amount due on account of such 
pupils shall devolve upon the directors of the district in which 
the school was taught. 



AETICLE VI. 



BOARD OF EDUCATION. 



Section 1. Incorporated cities and villages, except such as 
now have charge and control of free schools by special acts, 
shall be and remain parts of the school townships in which they 
are respectively situated and be Bubject to the general provisions 
of the school law, except as otherwise provided in this article. 

§ 2. In all school districts having a population of not less 
than one thousand and not over one hundred thousand in- 
habitants and not governed by any special act in relation to 
free schools now in force, there shall be elected, instead of the 
directors provided by law in other districts, a board of educa- 
tion, to consist of a president of the board of education, six 
members and three additional members for every additional ten 
thousand inhabitants. Whenever additional members of such 
board of education are to be elected by reason of increased 
population of such district, such members shall be elected on the 
third Saturday of April succeeding the ascertaining of such in- 
crease by any special or general census, and the notice of such 
election shall designate the term for which the members are to 
be elected, so that one-third of the board shall be elected for 
each year. Provided, that in no case shall said board consist 
of more than fifteen members. 

§ 3. The president of said board of education shall be elected 
annually, at the same time the members of the board of educa- 
tion are elected, and he shall hold his office for the term of one 
year, and until his successor is elected and qualified. 

§ 4. The president of the board of education so elected, shall 
preside at all meetings of said board, and shall give the casting- 
vote in case of a tie between the members thereof; but other- 
wise 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 imposed by law^ upon presidents of 
boards of directors, or that may be imposed upon him hy said 
board of education, not in conflict with law: Provided, that in 
the absence or inability to act as said president, said board 
may appoint a president pro tempore from their number. 



SCHOOLS. 303 



§ 5. The annual election of members of the board of educa- 
tion shall be on the third Saturday in April, when one-third of 
the members shall be elected for three years and until their suc- 
cessors are elected and qualified. 

§ 6. Notice of such election shall be given b^' the board of 
education at least ten days previous to such election by post- 
ing notices in at least three of the most public places in said 
district which shall specify the place ^vhere such election is to 
be held, the time of opening and closing the polls and the pur- 
pose for which such election is held, which notice may be in the 
following form, to-wit: 

Public notice is hereby given, that on Saturday the day 

of April, A. D , an election will be held at between 

the hours of and of said day for the purpose of 

electing a president of the board of education of district num- 
ber , township No , range No , and mem- 
bers of the board of education of said district. 

Dated this day of A. D 

A B , President. 

C D , Clerk. 

§ 7. In case of a failure to give the notice above provided 
for, such election may be held on any Saturday after such 
notice has been given as aforesaid. 

§ 8. Such election shall te conducted in the same manner 
and be governed by the provisions of this act, relating to the 
election of boards of directors, except as otherwise provided by 
law. 

§ 9. At the first election of directors succeeding the passage 
of this act, in any district having a population of not less than 
one thousand inhabitants by the census of 1880, and in such 
other districts as may hereafter be ascertained by any special 
or general census to have a population of not less than one 
thousand inhabitants, at the first election of directors occur- 
ing after taking such special or general census, there shall be 
elected a board of education, who shall be the successors of the 
directors of the district; and all rights of property' and all 
rights or causes of action existing or vested in such directors, 
shall vest in said board of education, in as full and complete a 
manner as was vested in the school directors. Such board, at 
its first meeting, shall fix, by lot, the terms of ofiice of its 
members, so that one-third of them shall serve for one year, 
one-third for two years, and one-third for three years, and 
thereafter one-third shall be elected annually on the third Sat- 
urday in April, to fill the vacancies occuring, and to serve for 
the term of three years. 



304 SCHOOLS. 



§ 10. The board of education shall have all the powers of 
school directors and in addition thereto and inclusive thereof 
they shall have the power, and it shall be their duty: 

First — To establish and support free schools not less than 
six nor more than ten months in each year. 

Second — To repair and improve school houses and furnish 
them wdth the necessary fixtures, furniture, apparatus, libraries 
and fuel. 

Third — To examine and employ teachers and fix the amount 
of their salaries. 

Fourth — To establish schools of different ^-rades and make 
regulations for the admission of pupils into the same. 

Fifth — To buy or lease sites for school houses with the 
necessary grounds: Provided, it shall not be lawful for such 
board of education to purchase or locate a school house site, 
or to purchase, build or move a school house unless authorized 
by a majority of all voters voting at an election called for 
such purpose in pursuance of a petition signed by not less than 
five hundred legal voters of such district, or by one-fifth of all 
the legal voters of such district. 

Sixth — To levy a tax annually upon the taxable property of 
the district in the manner provided in ai-ticle 8 of this act, for 
the purpose of supporting and maiutaining free schools in 
accordance with the powers herein conferred: Provided, that it 
shall not be lawful for such board of education to levy a tax 
to extend schools beyond the period of ten months in each 
year, except upon a petition of a majority of the voters of the 
district: And, provided, further, that all taxes shall be levied 
under the limitations relating to the percentage of the assess- 
ment as provided b}'^ section 1, article 8 of this act. 

Seventh — To employ, should they deem it expedient, a com- 
petent and discreet person or persons as superintendent or sup- 
intendents of schools, and fix and pay a proper salary or 
salaries therefor, and such superintendent may be required to 
act as principal or teacher in such schools. 

Eighth — To la}^ off and divide the district into sub-districts, 
and from time to time alter the same, create new ones and 
consolidate them. 

Ninth — To visit all the public schools as often as once a 
month, to inquire into the progress of scholars and the govern- 
ment of the schools. 

Tenth — To prescribe the method and course of discipline and 
instruction in the respective schools, and to see that they are 
maintained and pursued in the proper manner. 



SCHOOLS. 305 



Eleventh — To expel any pupil who may be guilty of gross 
disobedience or misconduct ; no action shall lie against them 
for such expulsion. 

Twelfth — To dismiss and remove any teacher, whenever, in 
their opinion, he or she is not qualified to teach, or whenever 
from any cause the interests of the schools may in their opinion 
require such removal or dismissal. 

Thirteenth — To apportion the scholars to the several 
schools. 

Fourteenth — To establish and promulgate all such by-laws, 
rules and regulations for the government and the establishment 
and maintenance of a proper and uniform system of discipline 
in the several schools, as may in their opinion be necessary. 

Fifteenth — To take charge of the school houses, furniture, 
grounds and other property belonging to the district, and see 
that the same are kept in good condition and not suffered to 
be unnecessarily injured or deteriorated. 

Sixteenth — To provide fuel and such other necessaries for the 
schools as in their opinion may be required in the school 
houses, or other property belonging to or under the control 
of the district. 

Seventeenth — To appoint a secretary and provide well bound 
books at the expense of the school tax fund, in which shall be 
kept a faithful record of all their proceedings. 

Eighteenth — To annually prepare and publish in some news- 
paper, or in pamphlet form, a report of the number of pupils 
instructed in the year preceding, the several branches of study 
pursued by them, of the number of persons between the ages of 
twelve and twenty-one unable to read or write, and the receipts 
and expenditures of each school, specif,ying the source of such 
receipts and the objects of such expenditures. 

§ 11. In all questions involving the expenditure of money, the 
yeas and nays shall be taken and entered on the records of the 
proceedings of the board. 

§ 12. None of the powers herein conferred upon boards of 
education shall be exercised by them, except at a regular or 
special meeting of the board. 

§ 13. All conveyances of real estate shall be made to the 
township trustees in trust for the use of schools, and no con- 
veyance of any real estate or interest therein used for 
school purposes, or held in trust for schools, shall be made ex- 
cept by the board of trustees, upon the written request of such 
board of education. 

§ 14 All money raised by taxation for school purposes, or 
received from the state common school fund, or from any 
other scource, for school purposes, shall be held by the town- 



-20 



306 SCHOOLS. 



ship treasurer as a special fund for school purposes, subject to 
the order of the board of education, upon warrants signed by 
the president and secretarj^ thereof. 

§ 15. Any city, incorporated town, township or district in 
which free schools are now managed under any special act, may, 
by vote of its electors, cease to control such schools under such 
special act, and become a part of the school township in which 
it is situated, and subject to the control of the trustees there- 
of, under and according to the provisions of this act. 

Upon petition of fifty voters of such city, town, township or 
district, presented to the board having the control and man- 
agement of schools in such city, town, township or district, it 
shall be the duty of such board, at the next ensuing election to 
be held in such city, town, or township or district, to cause to be 
submitted to the voters thereof, giving not less than fifteen 
days' notice thereof, by posting not less than five notices, in the 
most public places in such city, town, township or district, the 
question of "organization under the free school law'' ; which 
notice shall be in the following form, to-wit: 

Public notice is hereby given that on the day of 

A. D , an election will be held at , between 

the hours of M. and M. of said day, for the pur- 
pose of deciding the question of "organization under the free 
school law." 

§ 16. If it shall appear on a canvass of the returns of such 
election that a majority of the votes cast at such election are 
"For organization under the free school law,'' then at the next 
ensuing regular meeting of the board of trustees of the town- 
ship or townships in which such city, incorporated town, town- 
ship or district is situated, said trustees shall proceed to re-dis- 
trict the township or townships as aforesaid, in such manner as 
shall suit the washes and convenience of a majority of the in- 
habitants in their respective tow^nships and to make a division 
of funds and other property in the manner provided for by section 
63, of article 3, of this act, and on any Saturday thereafter 
there shall be elected in each of the new districts so formed, a 
director, directors or board of education, as the case may be, 
in the manner provided for in section 6 of article 5, of this act, 
and thereafter such districts shall proceed as other districts 
under this act. But all subsequent elections of directors or 
boards of education shall be conducted as provided in sections 
5 and 8, of article 5, of this act. 

§ 17. In cities having a population exceeding one hundred 
thousand inhabitants, from and after this act shall take effect, 
the board of education shall consist of fifteen members, to be 
appointed by the mayor, by and with the advice and consent 
of the common council, five of whom shall be appointed for the 
term of one year, five for the term of two years, and five for 



SCHOOLS. 307 



the term of three years: Provided, however, that in such cities 
wherein there is now a board of education, holding their office 
by appointment, such officers shall continue in office until the 
time at which their terms would have expired under the law in 
force at the time of their appointment. At the expiration of the 
term of any members of said board, their successors shall be 
appointed in like manner and shall hold their office for the term 
of three years. Any vacancy which may occur shall be filled by 
the appointment of the mayor, with the approval of the com- 
mon council for the unexpired term. 

§ 18. Any person having resided in any such city more than 
five years next preceding his appointment, shall be eligible to 
membeiship of such board of education. 

§ 19. The said board of education shall appoint a president 
and secretary, the president to be appointed from their own 
number, and shall appoint such other officers and employes as 
such board shall deem necessary, and shall prescribe their duties, 
and compensation and terms of office. 

§ 20. The said board shall provide well bound books, at the 
expense of the school tax fund, in which shall be kept a faithful 
record of all their proceedings. The yeas and nays shall be 
taken and entered on the records of the proceedings of the 
board upon all questions involving the expenditure of money. 

§ 21. The said board of education shall have charge and con- 
trol of the public schools in such cities, and shall have power, 
with the concurrence of the city council: 

First — To erect or purchase buildings suitable for school houses, 
and keep the same in repair. 

Second — To buy or lease sites for school houses, with the neces- 
sary grounds. 

Third — To issue bonds for the purpose of building, furnishing 
and repairing school houses, for purchasing sites for the same, 
and to provide for the payment of said bonds; to borrow money 
for school purposes upon the credit of the city. 

§ 22. The said board of education shall have power: 

First — To furnish schools with the necessary fixtures, furniture 
and apparatus. 

Second — To maintain, support and establish schools, and 
supply the inadequacy of the school funds for the salaries of 
school teachers from school taxes. 

Third — To hii-e buildings or rooms for the use of the board. 

Fourth — To hire buildings or ro'»ms for the use of schools. 

Fifth — To employ teachers and fix the amount of their com- 
pensation. 



308 SCHOOLS. 



Sixth — To prescribe the school books to be used, and the 
studies in the different schools. 

Seventh — To lay off and divide the city into school districts, 
and, from time to time, to alter the same and create new ones, 
as circumstances may require, and generally to have and possess 
all the rights, powers and authority required for the proper 
management of schools, with power to enact such ordinances as 
may be deemed necessarj^ and expedient for such purpose. 

Eighth — To expel an^^ pupil who may be guilty of gross dis- 
obedience or misconduct. 

Ninth — To dismiss and remove any teacher whenever^ in their 
opinion, he or she is not qualified to teach, or whenever, from 
any cause, the interests of the school may, in their opinion, 
require such removal or dismission. 

Tenth — To apportion the scholars to the several schools. 

Eleventh — To lease school property, and to loan moneys be- 
longing to the school fund. 

§ 23. It shall be the duty of such board of education: 

First — To take the entire superintendence and control of the 
schools in such cities. 

Second — To examine all persons offering themselves as candi- 
dates for teachers, and, when found well qualified, to give them 
certificates gratuitously. 

Third — To visit all the public schools as often as once a month. 

Fourth — To establish all such by-laws, rules and regulations 
for the government, and for the establishment and maintenance 
of a proper and uniform system of discipline in the several 
schools, as may, in their opinion, be necessary. 

Fifth — To determine, from time to time, how many and what 
class of teachers may be employed in each of the public schools, 
and employ such teachers and fix their compensation. 

Sixth — To take charge of the school houses, furniture, grounds,'; 
and other pi'operty belonging to the school districts, and see 
that the same are kept in good condition, and not suffered to 
be unnecessarily injured or deteriorated. 

Seventh — To provide fuel, and such other necessaries for the 
schools as, in their opinion, may be required in the school 
houses, or other property belonging to the said districts. 

Eighth — To inquire into the progress of scholars and the gov- 
ernment of the schools. 

Ninth— To prescribe the method and course of discipline and 
instruction in the respective schools, and to see that they are 
maintained and pursued in the proper manner. 



SCHOOLS. 309 



Tenth — To prescribe what studies shall be taught, and what 
books and apparatus shall be used. 

Eleventh — To report to the city council, from time to time, 
any suggestions they may deem expedient or requisite in rela- 
tion to the schools and the school fund, or the management 
thereof, and generally to recommend the establishment of new 
schools and districts. 

Twelfth — To prepare and publish an annual report, which shall 
include the receipts and expenditures of each school, specifying 
the source of such receipts and the object of such expenditures. 

Thirteenth — To communicate to the city council, from time to 
time, such information within their possession as may be re- 
quired. 

§ 24. None of the powers herein conferred upon the board of 
education of such cities shall be exercised by them except at a 
regular meeting of such board. 

§ 25. All conveyances of real estate shall be made to the 
city in trust, for the use of schools, and no sale of real estate 
or interest therein, used for school purposes, or held in trust 
for schools, shall be made except by the city council, upon the 
written request of such board of education. 

§ 2G. All moneys raised b}^ taxation for school purposes, or 
received from the state common school fund, or from any other 
source, for school purposes, shall be held by the city treasurer 
as a special fund for school purposes, subject to the order of 
the board of education, upon Avarrants to be countersigned by 
the mayor and city clerk. 

§ 27. Said board of education shall not add to the expendi- 
tures for school purposes anything over and above the amount 
that shall be received from the state common school fund, the 
rental of school lands or property, and the amount annually 
appropriated for such purposes. If said board shall so add to 
such expenditure the city shall not, in an,y case, be liable there- 
for. And nothing herein contained shall be construed so as to 
authorize any such board of education to levy or colle(;t any 
tax upon the demand, or under the direction of such board of 
education. 

§ 28. All schools in such cities shall be governed as herein- 
before stated, and no power given to the board of education 
shall be exercised bv the city council of such citv. 



310 SCHOOLS. 



ARTICLE VII. 



TEACHERS. 



Section 1. No teacher shall be authorized to teach a common 
school under the provisions of this act who is not of good 
moral character, at least eighteen years of age, if a male, or 
seventeen years of age if a female, and who does not possess a 
certificate of qualifications as hereinafter provided for: Pro- 
vided, that in any county in which a county normal school is 
established, under the control of a county board of education, 
the diplomas of graduates in said normal school shall, when 
directed by said board, be taken by the county superintendent 
as sufficient evidence, of qualification to entitle the holder to a 
first grade certificate, but sucli diploma shall not be sufficient 
after two years from such graduation. 

§ 2. The State Superintendent of Public Instruction is hereby 
authorized to grant state certificates to such teachers as may 
be found worthy to receive them; such certificates shall be of 
two grades, and both shall be valid in every county and school 
district in the State. The higher grade shall be valid during 
the lifetime of the holder and the lo 'er grade shall be valid 
for five years. But state certificates shall only be granted upon 
public examination, of which due notice shall be given, in such 
branches and upon such terms and by such examiners as the 
State Superintendent and the principals of the state universi- 
ties may prescribe. Said certificates may be revoked by the 
State Superintendent upon proof of immoral or unprofessional 
conduct. 

Provided, the lower grade of certificate shall be issued to 
graduates of the state normal schools, without examination, at 
any time within two years of said graduation. Provided, fur- 
ther, that no such certificate shall be granted except upon the 
recommendation of the faculty and the controlling board in each 
case. 

§ 3. It shall be t le duty of the county superintendent to 
grant certificates to such persons as may, upon due examina- 
tion, be found qualified. Said certificates shall be of two 
grades ; those of the first grade shall be valid in the county 
for two years, and shall certify that the person to whom such 
certificate is given, is of good moral character, and is qualified 
to teach orthography, reading in English, penmanship, arith- 
metic. English grammar, modern geography', the elements of 
the natural sciences, the history of the United States, physiology 
and the laws of health. Certificates of the second grade shall 
be valid for one year, and shall certify that the person to whom 
such certificate is given is of good moral character, and is qual- 
ified to teach orthography, reading in English, penmanship, 



SCHOOLS. 311 



arithmetic, Eng;lish grammar, modern geography and the his- 
tory of the United States. The county superintendent may, in 
his option, renew said certificates at their expiration, by 
his endorsement thereon, and may revoke the same at any 
time for immoraUty, incompetency or other just cause. Said 
certificates may be in the following form, viz. : 

, Ilhnois, .-., A. D 

The undersigned, having examined in orthogra- 
phy, reading in English, penmanship, arithmetic, English gram- 
mar, modern geography, the history of the United States and 

methods of teaching, and being satisfied that is of good 

moral character, hereby certifies that qualifications in 

the above branches are such as to entitle to this certifi- 
cate, being of the grade, and valid in said county for 

year from the date hereof, renewable at the option of the 

county superintendent, by his endorsement thereon. 

Given under my hand and seal at the date aforesaid. 

A. B. 

County superintendent of schools. 

§ 4. Each county superintendent shall also keep a record 
in a book, provided for that purpose, of all teachers to w^hom 
he grants certificates. Said record shall show the date and 
grade of each certificate and all renewals granted, and the 
name, age and nativity of each teacher; and shall give the 
names of male and female teachers separately. Said record may 
be as follows, viz.: 

Name. Age. Nativity. Date. Grade. Experience. Graduated. 

Chas. Thompson. 25. Illinois. March 1, 1888. 1. Has taught five yrs. State 

Normal 
University. 

§ 5. No teacher shall be entitled to any portion of the com- 
mon school or township fund, or other public fund, or be em- 
ployed to teach any school under the control of any board of 
directors of any school district in this State, who shall not at 
the time of his employment have a certificate of qualification 
obtained under the provisions of this act, entitling him to teach 
during the entire term of his contract. 

§ 6. Every school established under the provisions of this 
act shall be for instruction in the branches of education pre- 
scribed in the qualifications for teachers, and in such other 
branches, including vocal music and drawing, as the directors, 
or the voters of the district at the annual election of directors, 
may prescribe. 

§ 7. It shall be the duty of the county superintendents to 
hold meetings, at least quarterly-, and oftener if necessary, for 
the examination of teachers, on such days, and in such places 
in the respective counties, as will, in their opinion, accommodate 



312 SCHOOLS. 



the greatest number of persons desiring such examination. 
Notice of such meetings shall be published a sufficient length 
of time, in at least one newspaper of general circulation, the 
expense of such publication to be paid out of the school fund. 

§ 8. The county superintendent shall in all cases require the 
payment of a fee of one dollar from every applicant for ex- 
amination for a teacher's certificate, and for each renewal of 
such a certificate he shall require the payment of a fee of one 
dollar. 

§ 9. All moneys so received from applicants for teachers' 
certificates, and from the registration fees hereinafter provided 
for, the said county superintendent shall transmit monthly to 
the county treasurer, to be by him held and designated as the 
institute fund, and with such fund the county superintendent 
shall give the treasurer a list of the names of the persons paying 
such fees. Said fund shall be paid out by the county treasui-er 
only upon the order of the county superintendent and only to 
defray the expenses of the teachers' institutes, which the county 
superintendent is, by the following sections, authorized to hold. 
The county superintendent shall take vouchers for all payments 
made out of the institute fund, and he shall render an account 
of such disbursements, with vouchers for the same, to the county 
board at their regular meeting in September annually. 

§ 10. The county superintendent shall hold, annually, a 
teachers' institute, continuing in session not less than five days, 
for the instruction of teachers and those who may desire to 
teach, and with the concurrence of the State Superintendent of 
Public Instruction, procure such assistance as may be necessary 
to conduct said institute at such time as the schools of the 
county are generally closed: Provided, that two or more ad- 
joining counties may hold an institute together-. At every such 
institute, instructions shall be free to such as hold certificates 
good in the county, or counties where two or more join to hold 
an institute, in which the institute is held; but the county super- 
intendent shall require all others attending to pay him a regis- 
tration fee of one dollar, except those who have paid him an 
examination fee as required by section 8 of this article, and 
failed to receive a certificate. 

§ 11. The time, not exceeding three days in 3a\j one term, 
or five days in any one school year, during term time, actually 
spent by a teacher of any public school in this State in at- 
tendance upon a teachers' institute, held under the direction of 
the county superintendent of schools, shall be considered time 
lawfully expended by such teacher in the service of the district 
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. 



SCHOOLS. 



313 



§ 12. It shall be the duty of every teacher employed in the 
public schools of the State to see that the school property of 
the district, placed under his care and control, is not unneces- 
sarily damaged or destroyed. And no teacher shall be paid 
anj part of the school funds, unless he shall have kept and 
furnished schedules, when required by law, as hereinafter 
directed, and shall also have satisfactorily accounted for all 
books, apparatus and other property belonging to the district 
which he may have taken in charge. 

§ 13. Teachers shall keep correct daily registers of their 
schools, which shall exhibit the name, age, and attendance of 
each pupil, the day of the week, the month and the jear. Said 
registers shall be, nearly as may be in the following form, the 
absence of each scholar being signified by a mark, the presence 
by a blank, viz.: 

Eegister of a common school kept by A. B.. at 

in district No , in township No , range , of 

the principal meridian, in the county of , in the 

state of IlKnois. 



Names and Ages of Scholars 
Attending School. 


1 

00 

: 

P 

1 

or 


CD 
CO 

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00 

k 
P 

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00 

00 

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p. 
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P 
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00 
00 

=H 

P 

S 
P 
•< 


00 

do 

k 

i 
p 

p 

s 

p 


00 

C 

p 

s 

c 
p 

■< 

to 

CO 


CO 
00 

'k 

p 

5-1 

P 


P 


1 
p- 

P 

;<! 

P 
P 


00 

■< 

1 
P 
"< 


1 

00 

O 

P 

P 
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00 

p 


00 oo 

?'? 

'^' 1 p 

- !•■< 1 

O 1 o 

p p 


oo 

88 

C 

-/I 
,^ 

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CD 
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CD 

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:c 

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p 
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CD 

a" 
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g- 

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p 


Names. 


Ages. 


gig 


05 


... 

to trip- 


John Smith 


10 
13 
16 
18 




1 


"l 




1 


'i 


'i 


1 
1 


"i 




1 .. 


'i 






!;|"i 


■] 




1 

'i 


15 


Isaac Meisler 


1 -- 


11 


Sarah Danforth 






910 


TWarv N^WTifir 


18 


Grand total No. of days 


64 


Number of scholars 




i 


la 


les 


2 






F 


en 


lal 


's 

o 








To 


ta 


. 



Average daily attendance '^.2 



Said register shall be furnished to the teachers by the school 
directors, and each teacher shall, at the end of his term of 
school, return his register to the clerk of the school board of 
the district. And no teacher shall be paid any part of the 
public funds unless he shall have accurately kept and returned 
the register as aforesaid. 



314 



SCHOOLS. 



§ 14. In all districts controlled by a board of directors, 
teachers shall make schedules of the names of all scholars under 
twenty-one (21) years of age attending school, in the form 
prescribed by this act; and when scholars reside in two (2) or 
more districts, townships or counties, separate schedules shall 
be kept for each district, township or county. Boards of edu- 
cation may require teachers under their control to make sched- 
ules as herein directed, or to make statements certifying the 
number of days attendance for each month as shown by their 
registers, which statements shall be certified to hy the board of 
education, and be subject to the same requirements concerning 
payments of teacher's salary and filing as those made by this 
act concerning schedules. The schedules to be made and re- 
turned by the teacher shall be as near as circumstances will 
permit, in the following form, viz.: 

Schedule of a common school kept by , at 

, in district No , township No , 

range No , of the principal meridian, in the county 

of , in the state of Illinois. Names and ages of 

scholars residing in district No , in township No , 

north, range west, county, who have at- 
tended in my school during the time beginning the day 

of , 18 , and ending the day of 

18 , during which time the school was in session 

school days. 



Names. 



Ages. 



Days 
attended. 



John Smith, 


10 
13 
16 

18 


15 


Isaac Meisler 


11 


Sarah Danf orth 


20 


Mary Newman 


atten 




18 






Grand total number of days' 


dance.. 




64 










Males. 


Females 


Total. 


Number of scholars 


2 


2 


4 








Average daily attendance 


3.2 











SCHOOLS. 315 



And said teacher shall add up the whole number of days' at- 
tendance of each scholar, and make out the grand total num- 
ber of days' attendance. He shall also note the whole number 
of scholars, giving the males and females separatelj^; the aver- 
age daily attendance; and shall set the age of each pupil op- 
posite the name of such pupil, as in form above prescribed, and 
shall attach thereto his certificate, which shall be in the follow- 
ing form, viz.: 

I certify that the foregoing schedule of scholars attending my 
school as therein named, and residing as specified in said 
schedule, to the best of my knowledge and belief, is correct. 

A. B , Teacher, 

' § 15. When the teacher shall have completed his or her 
schedule or schedules as provided in the foregoing section, he or 
she shall deliver it to some one of the directors who shall, if 
requested, give the teacher a receipt for the same. And it shall 
be the duty of the said director, in connection with at least 
one other director of the board, to carefully examine such 
schedule or schedules, and after correcting all errors, if any, if 
they shall find such schedule to have been kept according to law, 
they shall certify to the same as near as practicable, in the fol- 
lowing form, viz.: 

State of Illinois, ^ 

J-ss. 
County) 

We, the undersigned directors of district No , township 

No , range No , in the county aforesaid, certify that 

we have carefully examined the foregoing schedule and find the 
same to be correct, and that the school was conducted accord- 
ing to law; that the teacher is paid as per contract 

dollars per ; that the sum of dollars is 

now due for services for the month ending ; 

that said teacher has a legal certificate of grade, and 

that the property of said district in charge of such teacher has 
been satisfactorily accounted for. 

Witness our hands this day of , A. D 



Directors.' 

§ 16. Teachers' wages are hei-eby declared due and payable 
monthly, and upon certifying to the schedule, or statement, as 
hereinbefore provided for, the directors, or board of education, 
may at once make out anddehvertothe teacher an order upon the 
township treasurer for the amount named in the schedule, or 
statement; which order shall state the rate at which the teacher 
is paid according to his contract, the limits of the time for 



316 SCHOOLS. 



which the order pays, and that the dh'ectors have duly certified 
a schedule covering the time specified in such order: Provided, 
that in case said order shall be presented to the township treas- 
urer and not paid for want of funds, said treasurer shall certify 
on the back of such order the date of presentation as required 
by section 18 of article 4 of this act, and thereafter such order 
shall bear interest at the rate of eight per cent, per annum until 
paid, or until the said treasurer shall notify the clerk of the 
board of directors issuing such order that he has funds with 
which to pay the same. 

§ 17. The school month shall be the same as the calendar 
month; but teachers shall not be required to teach upon Satur- 
days, Sundays, legal holidays, these being New Year's, fourth 
of July, Christmas, and thanksgiving and fast days appointed 
by the national or state authority; nor shall they be required 
to make up the time lost by closing school upon such days or 
upon such special holidays as may be granted the schools by 
the board of directors. 



ARTICLE VIII. 



REVENUE — TAXATION . 



Section 1. For the purpose of establishing and supporting 
free schools, for not less than five, nor more than nine months 
in each year, and defraying all the expenses of the same of 
every description; for the purpose of repairing and improving 
school houses, of procuring furniture, fuel, libraries and appa- 
ratus, and for all other necessary incidental expenses in each 
district, village or city, anything in any special charter to the 
contrary notwithstanding, the directors of such district, and 
the authorities of such village or city shall be authorized to levy 
a tax annually upon all the taxable property of the district, 
village or city, not to exceed two per cent, for educational, and 
three per cent, for building purposes, except to pay indebted- 
ness contracted previous to the passage of this act : the valua- 
tion to be ascertained by the last assessment for state and 
county taxes. 

§ 2. The directors of each district shall ascertain, as near as 
practicable, annually, how much money must be raised by 
special tax for school purposes during the ensuing year, which 
amount shall be certified and returned to the township treas- 
urer on or- before the first Tuesday in August, annually. The 
certificate of the directors may be in the following form, viz.: 

We hereby certify that we require the sum of dollars, 

to be levied as a special tax for school purposes, and 



SCHOOLS. 317 



dollars for building purposes, on the taxable property of our 
district, for the year A. D 

Given under our hands this day of A. D 

A. B., ] Directors district No , township 

C. D., ) No , range No , county of 

E. F., I state of Illinois. 

§ 3. It shall be the duty of the township treasurer to return 
the certificate mentioned in the foregoing section to the county 
clerk, on or before the second Monday of August, and whenever 
the boundaries of the districts of the township shall have been 
changed, the township treasurer shall return to the county 
clerk, with the certificates, a map of the township, showing such 
changes, and certified as required by the provisions of this act. 

§ 4. When a district lies partly in tw^o or more counties, the 
directors shall determine and certify the amount to be levied on 
the taxable property lying in each county, and return the same 
to the township treasurer who receives the tax money of such 
district, and who shall return them to the respective county 
clerks, as hereinbefore provided: Provided, that, in order to 
determine the amount to be levied on the taxable property of 
that part of the district lying in each county, the directors 
shall ascertain from the county clerks of the respective counties 
in which such district lies, the last ascertained equalized value 
of the taxable property of such district, lying in their respective 
counties, and then shall ascertain the rate per cent, required, 
and shall apportion the Avhole amount to be raised between the 
several parts of the district so lying in different counties ac- 
cordingly. 

§ 5. According to the amount certified, as aforesaid, the 
county clerk, when making out the tax books for the collector, 
shall compute each taxable person's tax, in said district, upon 
the total amount of taxable property, as equalized by the state 
board of equalization for that year, lying and being in said 
district, whether belonging to residents or non-residents, and 
also each and every tract of laud assessed by the assessor, 
which lies, or the largest part of which hes, in said district. 
The said county clerk shall cause each person's tax, so computed, 
to be set upon the tax book to be delivered to the collector for 
that year, in a separate column, against each taxpayer's name 
or parcel of taxable property, as it appears in said collector's 
books, to be collected in the same manner and at the same 
time and by the same persons as state and county taxes are 
collected. 

§ 6. It shall be the duty of assessors when making assess- 
ments of personal property, to designate the number of the 
school district in which each person so assessed resides; which 
designation shall be made by writing the number of such district 



318 SCHOOLS. 



opposite each person's assessment of personal property, in a 
column provided for that purpose, in the assessment roll re- 
turned by the assessor to the county clerk. 

§ 7. It shall be the duty of the county clerk to copy said 
numbers of school districts, so returned by the assessor, into 
the collector's book and to extend the school tax on each per- 
son's assessment of personal property, according to the rate 
required by the amount designated by the directors of the 
school district in which such person resides. The computations 
of each person's tax and the levy made by the clerk, as afore- 
said, shall be final and conclusive: Provided, the rate shall be 
uniform and shall not exceed that required by the amount cer- 
tified by the board of directors. 

§ 8. The county clerk, before dehvering the tax book to the 
collector, shall make out and send by mail to each township 
treasurer in the county, a certificate of the amount due each 
district or fraction of a district in his township, of said tax so 
levied and placed upon the tax books. 

§ 9. On or before the first day of April next, after the delivery 
of the tax books containing the computation and levy of the 
said taxes, or sa soon thereafter as the township treasurer shall 
present the said certificate of the amount of the said tax, and 
make a demand therefor, the said collector shall pay to said 
township treasurer, the full amount of said tax so certified by 
the county clerk, or in case any part thereof remains uncollected, 
said collector shall, in addition to the amount collected, deliver 
to said township treasurer a, statement of the uncollected taxes 
for each district of such township, taking of the township treas- 
urer his receipt therefor, which receipt shall be evidence as well 
in favor of the collector as against the township treasurer. The 
said treasurer shall enter the amount collected in his books under 
the proper heads, and pay the same out as provided for by this 
act. 

§ 10. When a district is composed of parts of two or more 
townships, the directors shall determine and inform the collectors 
of said townships, and the collector or collectors of the county 
or counties in which said townships lie, in writing, under their 
hands as directors, which of the treasurers of the townships 
from which their district is formed, shall demand and receive 
the tax money collected by the said collectors as aforesaid. 

§ 11. If any collector shall fail to pay the amount of said 
tax or any part thereof as required by the provisions of sec- 
tion nine (9) of this article, of this act, it shall be competent 
for the township treasurer or other authorized person, to pro- 
ceed against said collector and his securities in an action of debt 
upon his official bond, in any court of competent jurisdiction. 
And the said collector so in default shall pay twelve per centum 



SCHOOLS. 319 



upon the amount due, to be assessed as damages, which shall 
be included in the judgment rendered against him: Provided, 
no collector shall be liable for such part of said tax as he shall 
be able to make appear he could not have collected bj law, 
until he has collected or may be able to so collect such amount. 

§ 12. It is hereb}^ made the duty of the proper officers in pre- 
paring blank books and notices for the use of assessors, to pro- 
vide columns and blanks for the use of assessors, so that they 
may designate the number of the school district, as provided for 
in section six (6) of this article of this act. 

§ 13. A failure by the directors to file their certificates, or of 
the township treasurer to return the same to the county clerk 
in the time required by this act, shall not vitiate the assessment, 
but rhe same shall be as legal and valid as if completed in the 
time required by law. 



AETICLE IX. 

BONDS. 

Section 1. For the purpose of building school houses or purchas- 
ing school sites, or for repairing and improving the same, the 
directors of any school district when authorized by a majority 
of all the votes cast at an election called for that purpose, 
may borrow money, issuing bonds signed by not less than two 
members of said board of directors, in sums of not less than 
one hundred (100) dollars and bearing interest at a rate not 
exceeding eight per centum per annum: Provided, that the sum 
borrowed in any one year shall not exceed five per cent, in- 
cluding existing indebtedness, of the taxable property of the 
district, to be ascertained by the last assessment for state and 
county taxes previous to the incurring of such indebtedness. 

§ 2. All bonds authorized to be issued by virtue of the fore- 
going section before being so issued, negotiated and sold, shall 
be registered, numbered and countersigned by the school treas- 
urer of the township wherein the school house of such district 
is, or is to be located. Such register shall be made in a "bond 
register" book to b^ kept for that purpose, and in this register 
shall first be entered the record of the election, authorizing the 
directors to borrow money, and then a description of the bonds 
issued by virtue of such authority as to number, date, to whom 
issued, amount, rate of interest and when due. 

§ 3. All moneys borrowed under the authority granted by 
this article of this act, shall be paid into the school treasury 
of the township wherein the bonds issued therefor are required 



320 SCHOOLS. 



to be registered, and upon receiving such moneys, the treasurer 
shall deliver the bond or bonds issued therefor, to the parties 
entitled to receive the same, and shall credit the funds received 
to the district issuing the bonds. The treasurer of said town- 
ship shall enter in the said "bond register'' the exact 
amount received for each and every bond issued. And when 
any such bonds are paid, the said township treasurer shall 
cancel the same and shall enter in the said "bond register," 
against the record of such bonds, the words "paid and can- 
celled the day of , A. D ," filling the blanks 

with the day, nionth and year corresponding with the date 
of such payment. 

§ 4. Whenever it is desired to hold an election for the pur- 
pose of borrowing money as provided for in this article of this 
act, the directors of the district in which such election is to be 
held, shall give at least ten days notice of the holding of such 
election, by posting notices in at least three of the most public 
places in such district. Such notices shall specify the place 
where such election is to be held, the time of opening and clos- 
ing the polls, and the question or proposition to be voted upon. 
Which notice may be substantially in the following form, viz.: 

NOTICE OF ELECTION. 

Public notice is hereby given that on the day of , 

A. D ,au election will be held at , school dis- 
trict No in township No , range No , of 

the principal meridian in county, Illinois, for the 

purpose of votiug "for" or "against" the proposition to issue 

the bonds of said school district No to the amount of 

dollars due, (here insert the times of payment, 

giving the amount falling due in each 3^ear, if the bonds mature 
at different dates) which bonds are to bear interest at the rate 

of per cent, per annum, payable annually. 

The polls of said election will be open at o'clock M., 

and will remain open until o'clock M. 

Dated this day of , A. D 

A. B. 
C. D. 
E. F. 

Directors. 

§ 5. At such election two of the directors of such district 
shall act as judges and one of said directors shall act as clerk. 
In case either or any of said directors shall fail, from any cause, 
to be present or to act at such election, at the time of opening 
the polls thereof, the legal voters assembled shall choose from • 
their number persons to act as such two judges and a clerk of 
said election. The said judges and the said clerk shall take and 
subscribe the oath required of judges and clerks of an election 
held for state or county officers, and such oath may be admin- 
istered in the same manner as is or may be provided by law 



SCHOOLS. 321 



for administering the oath to judges and clerks at a state or 
county election. At such election all votes shall be by ballot. 
In districts which have adopted the provisions of "An act 
regulating the holding of elections, and declaring the result: 
thereof in cities, villages and incorporated towns in this State,"' 
approved June 19, 1885, the said election shall be held under 
the provisions of said act. 

§ 6. Within ten days after every such election the judges 
shall cause the poll book to be returned to the township 
treasurer, who is required to register such bonds, with a certifi- 
cate thereon showing the result of such election, which poll 
book shall be filed and safely kept by the said township 
treasurer, and shall be evidence of such election. For a failure to 
return such poll book to such treasurer within the time prescribed, 
the judges of said election shall severally be liable to a pen- 
alty of not less than twenty-five (25) dollars nor more 
than one hundred (100) dollars, to be recovered in a suit in 
the name of the People of the State of Illinois, before any 
justice of the peace, and when collected shall be added to the 
township school fund of the township in which said treasurer 
resides. 

§ 7. In all cases where any school district has heretofore 
issued, or may hereafter issue bonds, or other evidences of in- 
debtedness, for money on account of any public school building, 
or other public improvement, or for any other purposes, which 
are now binding and subsisting legal obligations against said 
school district and remaining outstanding, and which are 
properly authorized by law^, the proper authorities of such school 
district may, upon the surrender of any such bonds or other 
evidences of indebtedness, or any number thereof, issue in place 
or in lieu thereof or to take up the same, to the holders or 
owners of the same, or to other persons for money with which 
to take up the same, new bonds or other evidences of indebted- 
ness, in such form, for such amount, upon such time, not 
exceeding the term of twenty years, and drawing such rate of 
interest not exceeding eight per centum per annum, as may be 
determined upon; and such new^ bonds or other evidences of in- 
debtedness so issued shall show on their face that they are 
issued under this act: Provided, that the issue of such new 
bonds in lieu of such indebtedness shall first be authorized by a 
vote of the legal voters of such school district voting at an 
election called and conducted as other elections provided for by 
this article of this act: And, provided, further, that such bonds 
or other evidences of indebtedness shall not be issued so as to 
increase the aggregate indebtedness of such school district be- 
yond five per centum on the value of the taxable property therein, 
to be ascertained by the last assessment for state and county 
taxes prior to the issuing of such bonds or other evidences of 
indebtedness. 

—21 



322 SCHOOLS. 



ARTICLE X. 

COUNTY CLERK. 

Section 1. In all cases where, by any provision of laws, the 
returns of any election for school trustees are made to the 
county clerk of any county, it shall be the duty of the 
county clerk, within ten days after such returns have been 
made to him, as aforesaid, to furnish to the county superin- 
tendent of schools a list of all such trustees so returned to him, 
and the township from which the same have been so returned.- 

§ 2. Whenever any change shall be made in the boundaries 
of any school district, and a written statement or record of 
such change shall be delivered to the county clerk of such county, 
it shall be the duty of said county clerk to file such statement 
or record, and all papers relating thereto, and duly record the 
same in the records of his office; and in case of a neglect or 
failure so to do, the said county clerk shall be liable to a pen- 
alty of twenty-five (25) dollars, to be recovered by an action 
of debt before any justice of the peace, at the suit of the couut\" 
superintendent, for the benefit of the school fund of the said 
county. 

§ 3. Whenever any school district lies partly in two or 
more counties, it shall be the dut^^ of the county clerk of each 
county, in which anj part of such district lies, to furnish, upon 
request, to the directors of such district, a certificate showing 
the last ascertained equalized value of the taxable property in 
that part of such district lying in such county. 

§ 4. It shall be the duty of the county clerk to furnish to 
the directors of any school district, or to the board of educa- 
tion in districts having a board of education, upon request, a 
certificate showing the last ascertained equalized value of the 
taxable propei'tj^ of such district, as the same appears of record 
in his office. 

§ 5. It shall be the duty of the county clerk, when making 
out the tax books for the collector, to compute each taxable 
person's tax in each school district upon the total amount of 
taxable property, as equalized by the state board of equalization 
for that year, lying and being in such district, whether belong- 
ing to residents or non-residents, and also each and every tract 
of land assessed by the assessor,' which lies, or the largest part 
of which lies, in such district. Such computation shall be made 
so as to realize the amount of money required to be raised in 
such district, as shown and set forth in the certificate of tax 
levy, made out by the directors of such district, and filed with 
the township treasurer, as required by. the provisions of this 



SCHOOLS. 323 



act. The said county clerk shall cause each person's tax, so 
computed, to be set upon the tax book, to be delivered to the 
collector for that year, in a separate column, against each tax- 
payer's name, or parcel of taxable property, as it appears in 
said collector's books, to be collected in the same manner, and 
at the same time, and by the same person as state and county 
taxes are collected. In making up the tax books to be delivered 
to the collectors of taxes, the county clerk shall copy into such 
tax books the number of the school district set opposite to 
each person's assessment of persgnal property by the assessor 
making the assessment of such person, and to extend the school 
tax on each person's assessment of personal property, accord- 
ing to the rate required by the amount designated by the 
directors of the school district in which such person resides, as 
shown by said certificate of tax levy. The computation of each 
person's tax and the levy made by the clerk, as aforesaid, shall 
be final and conclusive: Provided, that the rate shall be uni- 
form, and shall not exceed that required by the amount certi- 
fied b}" the board of directors. The said county clerk, before 
delivering the tax book to the collector, shall make out and 
send by mail to each township treasurer of the count3^ a cer- 
tificate of the amount due each district, or a fraction of a dis- 
trict, in his township, of said tax, so levied and placed upon 
the tax books. 

§ 6. Whenever the county board of any county shall have 
audited the itemized bills of the county superintendent of 
schools, or their assistants, as required by the provisions of 
this act, it shall be the duty of the county clerk of such county 
to certify to such act, and transmit the said bills to the Audi- 
tor of Public Accounts, who shall, upon receipt of them, remit, 
in payment thereof to each superintendent, his warrant upon 
the State Treasurer for the amount certified to be due him; and 
the Auditor, in making his warrant to any county for the 
amount due it from the state school fund, shall deduct from it 
the several amounts for which warrants have been issued to 
the county superintendent of said county since the next pre- 
ceding apportionment of the state school fund. 

§ 7. The county clerk of each county shall preserve and 
record in a well-bound book, to be kept for that purpose, the 
report of the county superintendent, made to the county board, 
at the first regular term of such board in each year, relating 
to the sale of school lands, the amount of monej' received, paid, 
loaned out and on hand, belonging to each township fund in 
his control, and the statement copied from the loan book of 
such county superintendent, showing all the facts in regard to 
loans which are required to be stated on the loan book. 



324 ' SCHOOLS. 



ARTICLE XI. 

COUNTY BOARDS. 

Section. 1. The county board of each count}^ of this State 
shall have power: 

First — To approve the bond of the county superintendent of 
schools. 

Second — To increase the penalty of the bond of the county 
superintendent of schools be^'ond twelve thousand (12,000) dol- 
lars, if, in the discretion of the said county board, such bond 
should be so increased. 

Third — To remove the county superintendent of schools from 
office for any palpable violation of law or omission of duty. 

Fourth — To require the county superintendent of schools, after 
notice given, to execute a new bond, conditioned and approved 
as the first bond, whenever, in the discretion of the county 
board, such new bond is necessary: Provided, however, that the 
execution of such new bond shall not affect the old bond or the 
liability of the security thereof. 

Fifth — To require the county superintendent of schools to 
make the reports to such board provided for by law, and to 
remove him from ofifice in case of neglect or refusal so to do. 

Sixth — In counties having not more than one hundred (100) 
schools, the board may limit the time of the superintendent of 
schools: Provided, that in the counties having not more than 
fifty (50) schools, the limit of time shall not be less than one 
hundred and fifty (150) days a year; in counties having from 
fifty-one (51) to seventy-five (75) schools, not less than two 
hundred (200) days a year; and in counties having from sev- 
enty-six (76) to one hundred (100) schools, not less than two 
hundred and fifty (250) days. 

Seventh — Said county board shall authorize the county super- 
intendent of schools to employ such assistants as he needs for 
the full discharge of his duties, and said county board shall 
fix the compensation to be paid therefor, which compensation 
shall be paid out of the county treasury. 

§ 2. It shall be the dutj' of the county board of each county 
of this State: 

First — To provide for the county superintendent of schools a 
suitable office, Avith necessary furniture and office supplies, as is 
done in the case of other county officers. 

Second — When the office of county superintendent of schools 
shall become vacant by death, resignation, removal, or other- 



SCHOOLS. 325 



wise, to fill the same by appointment. And the person so ap- 
pointed shall hold his office until the next election of county 
officers, at which election the said board shall order the election 
of a successor. 

Third — To examine and approve or reject the report of the 
county superintendent of schools made to such board, and the 
notes and securities taken by such superintendent for school 
funds. 

Fourth— At the regular meeting in September, and as near 
quarterly thereafter as such board may have regular or special 
meetings, to audit the itemized bills of the county superintendent, 
and of his assistants, for their per diem compensation and 
expenses allowed by law for visiting schools. 

§ 8. At the first regular" term of the county board in each 
year, the county superintendent ■ shall present to the county 
board of his county: 

First^ — A statement showing the sales of school lands made 
subsequent to the first regular term of the previous year, which 
shall be a true copy of the sale book (book B). 

Second — Statements of the amount of money received, paid, 
loaned out, and in hand, belonging to each township or fund 
under his control, the statenient of each fund to be separate. 

Third — Statements copied from his loan book (book C), show- 
ing all the facts in regard to loans which are required to be 
stated on the loan book. 

All of which the county board shall thereupon examine and 
compare with the vouchers, and the said county board, or so 
many of them as may be present at the meeting of the board, 
shall be liable individually to the fund injured, and to the securi- 
ties of the county superintendent, in case judgment be recovered 
of the said securities, for all damages occasioned by a neglect 
of the duties, or any of them, required of said board by this 
section: Provided, nothing herein contained shall be construed 
to exem.pt the securities of said county superintendent from any 
liability as such securities, but they shall still be liable to the 
fund injured the same as if the members of the county board 
were not liable to them for neglect of their duty. 



AETICLE XII. 



SCHOOL FUNDS. 



Section 1. The common school fund of this State shall con- 
sist of the proceeds of a two mill tax to be levied upon each 
dollar's valuation of the property in the State, annually, until 



326 SCHOOLS. 



otherwise provided by law ; the interest on what is knoAvn as 
the school fund proper, being three per cent, upon the proceeds, 
of the sales of the public lands in the State, one-sixth part 
excepted, and the interest on what is known as the surplus- 
revenue, distributed by act of congress and made a part of the 
common school fund by act of the legislature, March 4^ 
1837. 

§ 2. The State shall pay the interest mentioned in the pre- 
ceding section at the rate of six per cent, per annum, annually, 
to be paid into and become a part of said school fund. 

§ 3. On the first Monday in January in each and every 
year next after taking the census of the State, by federal or 
stace authority, the Auditor of Public Accounts shall ascertain 
the number of children in each county in the State, under 
twenty-one years of age, and shall thereupon make a dividend 
to each county of the sum from the tax levied and collected 
under the provisions of the first section of this article of this 
act, and of the interest due on the school fund proper and sur- 
plus revenue, in proportion to the number of children in each 
county under the age aforesaid, and issue his warrant to the 
superintendent of schools of each county upon the collector 
thereof. Upon presentation of said warrant by the county 
superintendent to the collector of his county, said collector or 
the treasurer shall pay over to the county superintendent the 
amount of said warrant out of the first funds which may be 
collected by him and not otherwise appropriated by law, tak- 
ing said superintendent's receipt therefor. 

§ 4. The said warrants issued by the Auditor of Public Ac- 
counts for the school fund tax and for the interest of the 
school fund proper and surplus revenue, shall be received by 
the State Treasurer in payments of amounts due to the State 
from county collectors; and on presentation by the State 
Treasurer of said warrants to said Auditor, he shall issue his 
warrant to said Treasurer on the school fund, for the amount 
of the school fund tax warrants, and on the revenue fund for the 
amount of the warrants for interest on the school fund proper 
and surplus revenue. Dividends shall be made as aforesaid, ac- 
cording to the proportions ascertained to be due to each county 
annually, thereafter, until another census shall have been taken, 
and then dividends shall be made and continued as aforesaid 
according to the la.st census. 

§ 5. If any collector shall fail or refuse to pay the amount of 
the aforesaid Auditor's warrant, or any part thereof, by 
the first day of March, annually, or as soon thereafter as it 
may be presented, it shall be competent for- the county superin- 
tendent to proceed against said collector and his securities in 
an action of debt, in any court having competent jurisdiction, 



J 



SCHOOLS. 327 



and the said collector shall pay interest at the rate of twelve 
per centum per annum, to be assessed as damages upon the 
amount due, and which interest shall be included in the judgment 
obtained against him : Provided, that if it satisfactorily appears to 
the court that on the said first day of March, or on the day of pre- 
sentation for payment thereafter, the saigl collector has not, as 
yet, collected funds sufficient to pay said warrant, said interest 
shall not be allowed upon said warrant. 

§ 6. All bonds, notes, mortgages, moneys and effects which 
have heretofore accrued or may hereafter accrue from the 
sale of the sixteenth section of the common school lands 
of any township or county, or from the sale of any real 
estate or other property taken on any judgment or for any 
debt due to the principal of any township or county fund, and 
all other funds of every description which have been or may 
hereafter be carried to and made part of the principal of any 
township or county fund, by any law w^hich has heretofore 
been, is now or may hereafter be enacted, are hereby declared 
to be and shall forever constitute the principal of the township 
or county fund, respectively; and no part thereof shall ever 
be distributed or expended for any purpose whatever, but the 
same shall be loaned out and held to use, rent or profit, as 
provided by law. But the interest, rents, issues and profits, 
arising and accruing from the principal of said township or 
county fund, shall be distributed in the manner and at the 
times as provided by this act ; nor shall any part of such inter- 
ests, rents, issues and profits be carried to the principal of the 
respective funds, except it appear on the first Monday in Octo- 
ber in any year, that there is rent, interest or other funds on 
hand which are not required for distribution, such amount not 
required as aforesaid, may, if the board of trustees see proper, 
forever be considered as principal in the funds to which it 
belongs and loaned as such. 

§ 7. School funds collected from special taxes, levied by order 
of school directors, or from the sale of property belonging to 
any district, shall be paid out only on the order of the proper 
board of directors ; and all other moneys or school funds, liable 
ble to distribution, paid into the tow^nship treasury or coming 
into the hands of the township treasurer, shall, after said funds 
have been apportioned by the township trustees, as required 
in section 26, of article 3, of this act, to be paid out only on the 
order of the proper board of directors, signed by the president 
and clerk of said board, or by a majority of said board. For 
all payments made, receipt shall be taken and filed by said board 
of directors. 

§ 8. In all such orders shall be stated the purpose for which 
or on what account drawn. Said orders ma^^ be in the follow- 
ing form, viz.: 



328 SCHOOLS. 



The treasurer of township No , range No. 

, in county, will pay to , or or- 
der, dollars and oents (on his contract 

for repairing school house, or whatever the case may be). 

By order of the board of directors of school district No , 

in said township. 

A. B., President. 
C. D., Clerk. 

Which order, together with the receipt of the person to whom 
paid, shall be filed in the office of the township treasurer : Pro- 
vided, that when an order is paid in full, such order, if prop- 
erly endorsed by the person in whose favor it Avas drawn, and 
his assigns, if any, shall be a sufficient receipt for the purposes 
of this section. 

§ 9. When a district is composed of parts of two or more 
townships, the township treasurer or treasurers who do not re- 
ceive the tax money of said district, shall, when ihej hold any 
funds belonging to said district, notify the directors thereof of 
the amount of such funds; and the directors shall thereupon 
give the treasurer who receives the tax money of said district 
an order for such funds, and upon receipt thereof, he shall hold 
them, to be paid out as aforesaid. 

§ 10. In all cases where school funds are held by any person 
or persons in an official capacity, by virtue of any special 
charter defining the manner of loaning the same, such moneys 
may be loaned upon the same terms and conditions as are 
provided by this act, or may hereafter be provided, hj the 
school laws of this State, for loaning the school funds of counties 
or townships. 



ARTICLE XIII. 



SCHOOL LANDS. 



Section 1. Section number sixteen (16) in every township 
granted to the State by the United States for the use of schools, 
and such sections and parts of sections as have been or may be 
granted, as aforesaid, in lieu of all or part of section number 
sixteen (16), and also the lands which have been or may be 
selected and granted as aforesaid, for the use of schools, to the 
inhabitants of fractional townships in which there is no section 
number sixteen (16), or where such section shall not contain the 
proper proportion for the use of schools in such fractional 
townships, shall be held as common school lands; and the pro- 
visions of this act referring to common school lands shall be 
deemed to apply to the lands aforesaid. 



SCHOOLS. 329 



§ 2. All the business of such townships so far as relates to 
common school lands shall be transacted in that county which 
contains all or a greater portion of said lands. 

§ 3. It shall be lawful for the trustees of schools in town- 
sh ps in which section number sixteen (16), or any other lands 
granted in lieu thereof, remain unsold or which has title to any 
other school lands whatsoever, to rent or lease the same for an 
annual rent to be paid in money to the treasurer, by a written 
contract made by the president and clerk, under the direction 
of the board, with the lessee or lessees, which contract shall be 
filed with the records of the board, and a copy of the same 
transmitted to the county superintendent. In case of any de- 
fault in the payment of the rent, the said board of trustees 
shall at once proceed to collect the same by distress, or other- 
wise, as may be provided by law for the collection of rents by 
landlords. No lease taken under the provisions of this act, 
shall be for a longer period than five years, except where such 
lands are leased for the purpose of having permanent improve- 
ments made thereon, as may be the case in cities and villages: 
Provided, that the provisions of this section shall not apply to 
cities having a population of over one hundred thousand (100,- 
000) inhabitants. 

§ 1. The trustees of schools of any township concerned, are 
hereby authorized and empowered, in their corporate capacity, 
to sell and convey to any railroad company which may con- 
struct a railroad across any of the public school lands of such 
townshiyj, the right of way and necessary depot grounds. All 
moneys received by such trustees for am' right of way or 
depot grounds so sold, shall be turned over by such trustees to 
the township treasurer of the township for the benefit of the 
township school fund. 

§ 5. If any person shall, without being dul^' authorized, cut, 
fell, box, bore, destroy or carry away any tree, sapling or log 
standing or being upon any school lands, such person shall for- 
feit and pay, for every tree, sapling or log so felled, boxed, 
bored, destroyed or carried away, the sum of eight (8) dollars, 
which penalty shall be recovered with costs of suit, by an 
action of debt or assumpsit, before any justice of the peace 
having jurisdiction of the amount claimecl, or in the county or 
circuit court, either in the corporate name of the board of trus- 
tees of the township to which the land belongs, or by qui tani 
action in the name of any person who will first sue for the same, 
one-half of the judgment for the use of the person suing, and 
the other half for the use of the township aforesaid. When two 
or more persons shall be concerned in the same trespass, they 
shall be jointly and severally liable for the penalty herein im- 
posed. 



330 SCHOOLS. 



§ 6. Every trespasser upon common school lands, shall be 
hable to indictment, and, upon conviction, shall be fined in three 
times the amount of the injury occasioned by said trespass, 
and shall stand committed as in other cases of misdemeanor. 

§ 7. All penalties and fines collected under the provisions of 
the foregoing sections, shall be paid to the township treasurer, 
and be added to the principal of the township fund. 

§ 8. When the inhabitants of any township or fractional 
township shall desire the sale of the common school lands of 
the township or fractional township, they shall present a peti- 
tion to the county superintendent of the county in which the 
school lands of the township, or the greater part thereof, lie, 
for the sale thereof; which petition shall be signed by at least 
two-thirds of the legal voters of the township, or fractional 
township. The signing of the petition must be done in the 
presence of two adult citizens of the township, after the true 
meaning and purpose thereof have been explained; and, when 
signed, an aflBdavit must be affixed thereto by the two citizens 
witnessing the signing, in the manner aforesaid, which affidavit 
shall state the number of inhabitants in the township, or frac- 
tional township, of and over twenty-one years of age ; and said 
petition, so proved, shall be delivered to the county superinten- 
dent for his action thereon: Provided, no whole section shall be 
sold in Bbnj township containing less than two hundred inhabi- 
tants; and common school lands in fractional townships may 
be sold when the number of inhabitants and the number of 
acres are in the ratio of two hundred to six hundred and forty, 
but not before. 

§ 9. Any fractional township, not having the requisite number 
of inhabitants to petition for the sale of the school lands there- 
in, as provided in section 8 of this article of this act, which has 
not heretofore been united with any other township, for school 
purposes, and which does not contain a sufficient number of in- 
habitants to maintain a free school, is hereb}^ attached to the 
adjacent congressional township having the longest territorial 
line bordering on such fractional township, for school purposes; 
and all the provisions of this act shall apply to such united 
townships, the same as though they w^ere one and the same 
township. 

§ 10. When the petition and affidavits are delivered to the 
county superintendent, as aforesaid, he shall notify the trustees of 
said township thei-eof, and said trustees shall immediately pro- 
ceed to divide the land into tracts or lots, of such form and 
quantity as will produce the largest amount of money. 

§ 11. After making the division required b}^ the foregoing 
section, said trustees shall cause a correct plat of the same to 
be made, representing all the divisions, with each lot numbered 
and defined, so that its boundaries may be forever ascertained. 



SCHOOLS. 331 



§ 12. In subdividing said,^;^common school lands for sale, no 
lot shall contain more than 80 acres, and the division may be 
made into town or village lots, with roads, streets or alleys 
bet\Yeen them and through the same; and all such divisions, with 
all similar divisions hereafter made, are hereby declared legale 
and all such roads, streets and alleys, public highways. 

§ 13. After such division into lots has been made and 
platted, the trustees of schools shall fix a value on each lot, 
having regard to the terms of sale, certify to the correctness 
of the plat, stating the value of each lot per acre, or per lot if 
less than one acre, and referring to and describing the lot in 
the certificate, so as fully and clearly to distinguish and identify 
each lot; which plats and certificate shall be delivered to the 
county superintendent, and shall govern him in advertising and 
selling such lands. 

§ 14. Upon the reception by the county superintendent of the 
plat and certificate of valuation from the trustees, he shall pro- 
ceed to advertise the said land for sale in lots as divided and 
laid off hj said trustees, by posting notices thereof in at least 
six (6) public places in the county, forty days before the day of 
sale, describing the land and stating the time, place and terms 
of sale; and if any newspaper is published in said county, said 
advertisement shall be printed therein, for four weeks before the 
day of sale; if no newspaper is published in said county, then 
such land may be sold under the notice aforesaid, which notice 
may be in the following form, viz.: 

Sale of School Land. 

Public notice is hereby given that on the day of , 

A. D. 18 , between the hours of ten o'clock A. M. and six 

o'clock P. M., the undersigned superintendent of schools of 

county, will sell at public vendue to the highest bidder at 

the door of the court house, in , (or on the prem- 
ises), the following described real estate, the same being a part 

of the school lands of township No , range No..... , as 

divided and platted hj the trustees of schools of said tow^nship, 
to-wit: (here insert full and complete description of said premises). 
Said lands will be sold for cash in hand with the privilege to any 
purchaser of borrowing from the undersigned, the whole or 
- any part of the amount of his bid, for not less than one, nor 
more than five years, upon his paying interest and giving 
security as required in case of a loan obtained from the town- 
ship school fund. 
Dated this day of , A. D 



County Superintendent, 
Countv. 



332 SCHOOLS. 



§ 15. The place of sellino- commou school lands vshall be at the 
court house of the county in which the lands are situated; or 
the trustees of schools may direct the 'sale to be made on the 
premises. 

§ 16. The terms of selling common school lands shall be to 
the highest bidder, for cash, with the privilege to each purchaser 
of borrowing from the coLnty superintendent the amount or any 
part of the amount of his bid, for any period of not less than 
one year nor more than five years, upon his paying interest and 
giving security, as in case of money loaned by a township treas- 
urer, as provided in this act. 

§ 17. Upon the day appointed for such sale, the county super- 
intendent shall proceed to make sales as follows, viz.: He shall 
begin at the lowest numbered lot and proceed regularly to the 
highest numbered, till all are sold or offered. No lot shall be 
sold for less than its valuation by the trustees. Said sale shall 
be made between the hours of ten o'clock A. M. and six o'clock 
P. M., and may continue from day to day. The lots shall be 
cried separately, and each lot cried long enough to enable any 
person present to bid who desires to bid. 

§ 18. Upon closing the sales each day, the purchasers shall 
each pa,y, or secure the payment of the purchase money, accord- 
ing to the terms of sale: or in case of his failure to do so by 
ten o'clock the succeeding day, the lot purchased shall again be 
offered at public sale, on the same terms as before, and if the 
valuation or more shall be bid, shall be stricken off; but if the 
valuation be not bid, the lot shall be set down as not sold. 
If the sale is, or is not, made, the former purchaser shall be re- 
quired to pay the difference between his bid and the valuation 
of the lot; and in case of his failing to make such payment, the 
county superintendent may forthwith institute an action of debt 
or assumpsit in his name, as superintendent, for the use of the 
inhabitants of the township where the land lies, for the required 
sum; and upon making proof, shall be entitled to judgment, 
with costs of suit, which, when collected, shall be added to the 
principal of the township fund. If the sum claimed does not ex- 
ceed two hundred dollars, the suit ma}'' be commenced before a 
justice of the peace; if the sum demanded exceeds two hundred 
dollars, then suit may be brought in the circuit court of any 
county wherein the party may be found. 

§ 19. All lands not sold at public sale, as herein provided for, 
shall be subject to sale at any time thereafter, at the valuation; 
and the county superintendents are authorized and required, 
when in their power, to sell all such lands at private sale, upon 
the terms at which they were offered at public sale. 

§ 20. In all cases where common school lands have been 
heretofore valued, and have remained unsold for two years, 



SCHOOLS. 333 



after having been offered for sale, or shall hereafter remain un- 
sold for that length of time, after being valued and offered for 
sale, in conformity to this act, the trustees of schools where 
such lands are situated may vacate the valuation thereof, by 
an order to be entered in book A of the county superintendent, 
and cause a new valuation to be made, if, in their opinion, the 
interests of the township will be promoted thereby. They shall 
make said second valuation in the same manner as the first was 
made, and shall deliver to the county superintendent a plat of 
such second valuation, with the order of vacation, to be entered 
as aforesaid, whereupon said county superintendent shall pro- 
ceed to sell said lands in all respects as if no former valuation 
had been made: Provided, that the second valuation may be 
made by the trustees of schools, without petition, as provided 
in this act for the first valuation. 

§ 21. Upon the completion of every sale by the purchaser, 
the county superintendent shall enter the same in book B, and 
shall deliver to the purchaser a certificate of purchase, stating 
thei'ein the name and residence of the purchaser, describing the 
land and the price paid therefor; which certificate shall be evi- 
dence of the facts therein stated. 

§ 22. At the first regular term of the county board in each 
year the county superintendent shall present to the county 
board of his county, a statement showing the sales of school 
lands, made subsequent to the first regular term of the previous 
year, which shall be a true cop}' of the sale book (book B). 

§ 23. The county superintendent shall also at the time afore- 
said transmit to the Auditor of Public Accounts, a full and 
exact transcript from book B, of all the sales made subsequent 
to each report. The statement required to be presented to the 
county board shall be preserved and copied by the clerk of said 
board into a well bound book kept for that purpose, and the 
list transmitted to the Auditor shall be filed, copied and pre- 
served in like manner. 

§ 24. Every purchaser of common school lands shall be en- 
titled to a patent from the State, conveying and assuring the 
title. Patents shall be made out by the Auditor, from returns 
made to him by the county superintendent. They shall con- 
tain a description of the land granted, and shall be in the name 
xDf and signed \>j the Governor, countersigned by the Auditor, 
with the great seal of the State affixed thereto by the Secretary 
of State, and shall operate to vest in the purchaser a perfect 
title in fee simple. When patents are executed as herein re- 
quired, the Auditor shall note on the list of sales the date of 
each patent, in such manner as to perpetuate the evidence of 
its date and delivery, and thereupon transmit the same to the 
county superintendent of the proper county, to be b^^ him de- 
livered to the patentee, his heirs or assigns upon the return of 



334 SCHOOLS. 



the original certificate of purcliase, wliich certificate, when re- 
turned, sliall be filed and preserved by the county superin- 
tendent; and all such patents, heretofore or hereafter so issued, 
by the State for scliool lands, or duly certified copies thereof 
from any record legally made, shall after the lapse of ten j^ears, 
from the date of such patent, and such sale having been ac- 
quiesced in for ten years by the inhabitants of the township in 
Avhich the land so conve^^ed may be situated, be conclusive 
evidence as to the legality of the sale, and that the title to 
such land was, at the date of the patent, legally vested in the 
patentee. 

§ 25. Purchasers of common school lands, and their heirs 
and assigns, may obtain duplicate copies of their certificates of 
purchase and patents, upon filing affidavit with the county 
superintendent in respect to certificates, and with the Auditor 
in respect to patents, proving the loss or destruction of the 
originals; and such copies shall have all the force and effect of 
originals. 

§ 26. When an}^ real estate shall have been taken for any 
debts due to any school fund, the title to which real estate has 
become vested in any county superintendent for the use of the 
inhabitants of one or more townships or of the county, the 
county superintendent may lease or sell such real estate for the 
benefit of said township or townships, or of the county, as pro- 
vided for in section 37 of article 3 of this act, regulating the 
leasing and sales of land by school trustees: Provided, that in 
case the real estate be held for the benefit of any township or 
townships, it shall not be sold except upon the written request 
of the school trustees of said township or townships. The said 
county superintendent is hereby authorized to execute con- 
veyances of such real estate to the purchasers when so sold. 

§ 27. The trustees of schools in any township are hereby 
authorized and empowered, in their corporate capacity, to \q.j 
out and dedicate to the public use, for street and highway pur- 
poses, so much of the common school lands, w^hich is unim- 
proved 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 high- 
Avay, to the remainder of said common school lands, will com- 
pensate for 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 an}" part of the common 
school lands for railroad or street railroad purposes, except 



SCHOOLS. 335 



upon the iDurchase or lease of the same from the proper author- 
ities, or upon tlie payment to the school fund of said township 
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 hj pro- 
ceedings under an act entitled, "An to provide for the exercise 
of the right of eminent domain," approved April 10, 1872, and 
all amendments thereto: And, provided, further, that this sec- 
tion shall not in any way affect existing leases or contracts for 
the lease or purchase of common school lands. 



ARTICLE Xiy. 

FINES AND FORFEITURES. 

Sectiox 1. All fines, penalties and forfeitures imposed or in- 
curred in any of the courts of record, or before any justice of 
the peace of this State, except fines, forfeitures and penal- 
ties incurred or imposed in incorporated towns or cities for the 
violation of the by-laws or oi-dinances thereof, shall, when col- 
lected, be paid to the county superintendent of schools of the 
county wherein such fines, penalties or forfeitures have been im- 
posed or incurred, and the said count}^ superintendent of schools 
shall give his receipt therefor to the person from whom such 
fine, forfeiture or penalty was received. The said county super- 
intendent shall annually distribute such fines, penalties or for- 
feitures in the same manner as the common school funds of the 
State are distributed. 

§ 2. It shall be the duty of the state's attorneys of the sev- 
eral counties to enforce the collection of all fines, forfeitures and 
penalties imposed or incurred in the courts of record of their 
respective counties, and to pay the same over to the county 
superintendent of the county wherein the same have been im- 
posed or incurred, retaining therefrom the fees and commissions 
allowed them by law. 

§ 3. It shall be the duty of the justices of the peace to en- 
force the collection of all fines imposed by them by any lawful 
means, and when collected the same shall be paid, by the jus- 
tice collecting the same, to the county superintendent of the 
county in which the same was imposed. 

§ 4. Clerks of courts of record, state's attorneys and all jus- 
tices of the peace shall report, under oath, to the county court 
of their respective counties, by the first of March, annually, the 
amount of such fines, penalties and forfeitures imposed or in- 
curred in their respective courts, and the amount of such fines, 
forfeitures and penalties collected by them, giving each item 
separately; and if any such officer has collected no such fines, 



336 SCHOOLS. 



penalties or forfeitures, he shall make affidavit to such fact 
and file the same with the county superintendent. The judges of 
the county court shall inspect the said reports and may hear 
evidence thereon, and if found correct and truthful shall enter 
an order approving such report, and that any moneys in the 
hands of such officers so reporting shall be paid over to the 
superintendent of schools. If the court shall not approve of 
such report he may order a new one to be made, and upon a 
failure to comply with the order of the court or to make a satis- 
factory report, the court may state an account and enter an 
order to pay over as above provided. The court, for all pur- 
poses, for carrying out the provisions of this section shall 
have power to examine books and papers as provided herein- 
after in section 6 of this article, and shall have power to issue 
subpcBuas for both books and persons: Provided, that no re- 
port shall be approved until the court shall have given the 
superintendent five (5) days' notice of the same, and he shall 
be allowed to inspect said report, and he shall be heard by the 
court upon the same if he desire. And the officers charged with 
the collection thereof, the said clerks, state's attornej^s and 
justices of the peace, for a failure to make such a report, shall 
be liable to a fine of twenty-five (25) dollars for each offence, 
said flue to be recovered in a civil action, before any court at 
the suit of the county superintendent of schools of the proper 
county. 

§ 5. For a failure to pay any fine, forfeiture or penalty on 
demand to the person who is by law authorized to receive the 
same, the officer or person having collected the same, or hav- 
ing the same in his possession or control, shall forfeit and pay 
double the amount of such fine, penalty or forfeiture as afore- 
said, to be recovered before any court having jurisdiction 
thereof, in a qui tani action; one-half to be paid to the in- 
former and one-half to the school fund of the proper county. 

§ 6. In case that any clerk of a court of record, state's 
attorney, or justice of the peace, shall fail to make the rejDort 
provided for in section 4 of this article, the county court shall 
have power, and it is hereby made the duty of the judge of 
said court, to examine all records pertaining to the office of 
such delinquent officer, and enforce the payment of whatever 
sum may be found due the school fund from such delinquent 
officer. For the purpose of making such examination, the said 
county court shall have the right to call for any paper or 
papers, docket, fee book, or other record belonging to the office 
of such delinquent officer, and in case sucli delinquent officer 
fails or refuses to furnish such paper, docket, fee book, or other 
record for the inspection or use of such county court, he shall 
forfeit and pay to the school fund the sum of one hundred (100) 
dollars, to be recovered in an action of debt or assumpsit, 



SCHOOLS. 337 



before anv court of this State having jurisdiction of the actions 
of debt and assumpsit, and such penalt}^ when collected shall 
be paid into the school fund of the proper county. 



ARTICLE XV. 

LIABILITY OF SCHOOL OFFICERS. 

Section 1. Whenever the county superintendent of schools of 
any county shall notifj^ the board of trustees of any township, 
in writing, that the notes, bonds, mortgages, or other evidences 
of indebtedness, which have been taken officially by the town- 
ship treasurer, are not in proper form, or that the securities 
which the said township treasurer has taken are insufficient, it 
shall be the duty of the said board of trustees at once to take 
such action as may be necessary to save and protect the prop- 
erty or funds of the districts and the township. And for a fail- 
ure or refusal to take such action, within twenty days after 
such notice, the members of the board, each in his individual 
capacity, shall be liable to a fine of not less than twenty-five 
(25) nor more than one hundred (100) dollars, to be recov- 
ered before any justice of the peace, on information, in the name 
of the People of the State of Illinois, provided such insufficiency 
is proven, and, when collected, the said fine shall be paid to 
the county superintendent of the proper county, for the use of 
schools. And the payment of this fine shall not relieve the 
board of trustees from any civil liability they may have incurred 
from such neglect of duty. 

§ 2. If the judges of any school election, called for any legal 
purpose, shall fail or neglect to deliver a copy of the poll book 
of any such election, with a certificate thereon showing the re- 
sult of such election, to the officer provided by law, to whom 
such return shall be made, within ten days after such election 
shall have been held, the said judges of election shall be sever- 
ally liable to a penalty of not less than twent^^-five (25) dol- 
lars, nor more than one hundred (100) dollars, to be recov- 
ered, in the name of the People of the State of Illinois, by an 
-action of debt, before any justice of the peace of the county; 
which penalty, when collected, shall be paid into the school fund 
of the township in which such election was held. 

§ 3. It shall be the duty of the board of directors of every 
school district in this State to deliver to the township treasurer 
all teachers' schedules made and certified, as required hj law, 
and covering all time taught during the school year ending 
June 30th, on or before the 7th da\' of Julv, annually; and the 
—22 



338 SCHOOLS. 



directors shall be personally liable to the district for any and 
all loss sustained by it through their failure to examine and 
deliver to the said township treasurer all such schedules within 
the said time. 

§ 4. Foi' any failure or refusal to perform all the duties re- 
quired of the township treasurer by law, he shall be liable to 
the board of trustees upon his official bond for all damages sus- 
tained by reason of such failure or refusal, to be recovered by 
action of debt by said board, in their corporate name, for the 
use of the proper township, before any court having jurisdiction 
of the amount of damages claimed; but if the said treasurer, in 
any such failure or refusal, acted under and in conformity to a 
requisition or order of said board, or a majority of them, en- 
tered upon their journal and subscribed by their president and 
clerk, then, and in that case, the members of said board afore- 
said, or those of them voting for such requisition or order 
aforesaid, and not the said township treasurer, shall be liable, 
jointly and severally, to the inhabitants of the township for all 
such damages, to be recovered by an action of assumpsit in a 
suit brought in the official name of the county superintendent 
of schools, for the use of the proper township: Provided, said 
treasurer shall be liable for any loss not collected by reason of 
the insolvency of said trustees. 

§ 5. When a township treasurer shall resign, or be removed, 
and at the expiration of his term of office, he shall pay over to 
his successor in office, when appointed, all money on hand, and 
deliver over all books, notes, bonds, mortgages, and all other 
securities for money, and all papers and documents of every 
description in which the corporation has any interest whatever, 
and in case of the death of the tow^iship treasurer, his securities 
and legal representatives shall be bound to comply with the 
requisitions of this section, so far as the said securities and 
legal representatives may have the power so to do. And for 
any failure to comply with the requisitions of this section, the 
persons neglecting or refusing shall be liable to a penalty of 
not less than ten nor more than one hundred dollars, at the 
discretion of the court before which judgment may be obtained, 
to be recovered in an action of debt, before any justice of the 
peace, for the benefit of the school fund of such township: Pro- 
vided, that the obtaining or payment of such judgment shall 
in no wise discharge or diminish the obligation of the persons 
signing the official bond of such township treasurer. 

§ 6. If any county superintendent, trustee of schools, town- 
ship treasurer, director or any other person entrusted with the 
care, control, management or disposition of any school, col- 
lege, seminary or township fund for the use of any county, 
township, district or school, shall convert such funds or any 



sc;hool,s. 339 



part thereof to his own use, he shall be liable to indictment, 
and upon conviction thereof, shall be fined in any sum not less 
than double the amount of money converted to his own use, 
and imprisoned in the county jail not less than one nor more 
than twelve months, at the discretion of the court. 

§ 7. Trustees of schools shall be liable jointly and severally, 
for the sufficiency of securities taken from township treasurers; 
and in case of judgment against any treasurer and his securi- 
ties for or on account of any default of such treasurer on which 
the money shall not be made for want of sufficient property, 
whereon to levy execution, action on the case may be main- 
tained against said trustees, joiutly and severally, and the 
amount not collected on said judgment shall be recovered with 
costs of suit from such trustees: Provided, that if said trustees 
can show, satisfactorily, that the security taken from the treas- 
urer as aforesaid, was at the time of said taking, good and 
sufficient, they shall not be liable as aforesaid. 

§ 8. The real estate of countj^ superintendents, of township 
treasurers and all other school officers, and of the securities of 
each of them shall be bound for the satisfaction and payment 
of all claims and demands against said superintendents and 
treasurers, and other school officers, as such, from the date of 
issuing process against them, in actions or suits brought 
to recover such claims or demands until satisfaction thereof be 
obtained; and no sale or alienation of real estate, by any super- 
intendent, treasurer or other officer or security aforesaid, shall 
defeat the lien created by this section, but all and singular such 
real estate held, owned or claimed, as aforesaid, shall be liable 
to be sold in satisfaction of any judgment which may be ob- 
tained in such actions or suits. 

§ 9. Trustees of schools, or either of them, failing or refusing 
to make returns of children in their township according to 
the provisions of this act, or if either of them shall knowingly 
make a false return, the party so offending shall be liable to a 
penalty of not less than ten (10) dollars nor more than one 
hundred (100) dollars, to be recovered hj an action of as- 
sumpsit, before any justice of the peace of the county; which 
penalty, when collected shall be added to the township school 
fund of the township in which said trustees reside. 

§ 10. If any county superintendent, director or trustee or 
either of them, or other officer whose duty it is, shall negligently 
or wilfully fail or refuse to make, furnish or communicate the 
statistics and information or shall fail to discharge the duties 
enjoined upon them or either of them at the time and in the 
manner required by the provisions of this act, such delinquent 
or party offending, shall be liable to a fine of not less than 
twenty-five (25) dollars, to be recovered before any justice of 



340 SCHOOLS. 



the peace at the suit of any person, on information, in the 
name of the People of the State of Illinois and when collected, 
the said fine shall be paid to the county superintendent of the 
proper county for the use of the school fund. 

§ 11. County superintendents, trustees of schools, directors 
and township treasurers, or either of them, or a,jij other officer 
having charge of school funds or property, shall be pecuniarily 
responsible for all losses sustained by any county, township or 
school fund, by reason of any failure on his or their part to 
perform the duties required of him or them b^^ the provisions 
of this act ; or by any rule or regulation authorized to be made 
by the provisions of this act; and each and every one of the 
officers aforesaid shall be liable for any such loss sustained as 
aforesaid, and the amount of such loss may be recovered in a 
civil action brought in any court having jurisdiction thereof, 
at the suit of the state of Illinois, for the use of the county, 
township or fund injured; the amount of the judgment obtained 
in such suit shall, when collected, be paid to the proper ofiicer 
for the benefit of the said county, township or fund injured. 

§ 12. No county, city, town, township, school district or 
other public corporation shall ever make any appropriation, 
or pay from any school fund whatever, anything in aid of any 
church or sectarian purpose, or to help support or sustain any 
school, academy, seminary, college, university, or other literary or 
scientific institution controlled by any church or sectarian de- 
nomination whatever; nor shall any grant or donation of 
money, or other personal property, ever be made by any such 
corporation to any church or for any sectarian purpose; and 
any officer or other person having under his charge or direction 
school funds or property, who shall pervert the same in the 
manner forbidden in this section, shall be liable to indictment, 
and upon conviction thereof, shall be fined in a sum not less 
than double the value of the property so perverted, and im- 
prisoned in the county jail not less than one (1) nor more than 
twelve (12) months, at the discretion of the court. 

§ 13. No teacher, state, county, township or district school 
officer shall be interested in the sale, proceeds or profits of any 
book, apparatus or furniture used, or to be used, in any school 
in this State, with which such officer or teacher may be con- 
nected; and for offending against the provisions of this section 
such teacher, state, county, township or district school officer 
shall be liable to indictment, and upon conviction shall be fined 
in a sum not less than twenty-five (25) dollars, nor more 
than five hundred (500) dollars and may be imprisoned in the 
county jail not less than one (1) month, nor more than twelve 
(12) months, at the discretion of the court. 

§ 14. Any school officer or officers, or any other person, 
who shall exclude or aid in the exclusion from the public schools 



SCHOOLS. 341 



of an^' child who is entitled to the benefits of such school, on 
account of such child's color, shall be fined, upon conviction, in 
an}^ sum not less than five (5) dollars nor more than one 
(100) dollars each, for every such offense. 



ARTICLE XVI. 

MISCELLANEOUS. 

Section 1. No justice of the peace, constable, clerk of any 
court, sheriff or coroner shall charge any costs in any suit 
where any school officer, school corporation or any agent of 
any school fund, suing for the recovery of the same, or any in- 
terest due thereon, is plaintiff and shall be unsuccessful in such 
suit; nor where the costs cannot be i-ecovered from the defendant 
by reason of the insolvency of such defendant. 

§ 2. Any woman, married or single, of the age of twenty- 
one years and upwards, and possessing the qualifications pre- 
scribed for the office, shall be eligible to any office under the 
general or special school laws of this State. 

§ 3. Any woman elected or appointed to any office under the pro- 
visions of this act, before she enters upon the discharge of the 
duties of the office, shall qualify and give the bond required by 
law, if a bond is required, and such bond shall be binding 
upon her and her securities. 

§ 4. All boards of school directors, boards of education, or 
school officers, whose duty it now is, or may be hereafter, to 
provide in their respective jurisdictions, schools for the educa- 
tion of all children between the ages of six and twenty-one 
years, are prohibited from the excluding, directly or indirectly, 
any such child from such school on account of the color of such 
child. 

§ 5. Any person who shall, by threats, menace or intimida- 
tion, prevent any child entitled to attend a public school in 
this State from attending such school, shall, upon conviction 
be fined in any sum not exceeding twenty-five (25) dollars. 

§ 6. It shall be the duty of the county treasurers, county 
superintendents of schools, township collectors, and all other 
persons paying money into hands of township school treas- 
urers, for school purposes, on or before the 30th day of 
September of each year, to notify in writing the presidents of 
boards of school trustees, and the clerks of the boards of 
school directors, of the amount paid into the township treasurer's 
hands, and the date of payment. 



342 SCHOOLS. 



§ 7. This act shall not be so construed as to repeal or 
change, in any respect, any special acts in i*elation to schools 
in cities having less than one hundred thousand inhabitants, or 
incorporated towns, townships or districts, except that it shall 
be the dutj^ of the several boards of education, or other officers 
of any city or incorporated town, township or district, having 
in charge schools under the provisions of any of said 
special acts, or of any ordinance of any city or incorporated 
town, on or before the fifteenth day of July preceding each 
regular session of the general assembly of this State, or annual- 
ly, if required so to do by the State Superintendent of Public 
Instruction, to make out and render a statement of all such 
statistics and other information in regard to schools and the 
enumeration of persons, as is required to be communicated by 
township boards of trustees or directors, under the provisions 
of this act, or so much thereof as may be applicable to said 
city or incorporated town, to the county superintendent of the 
county where such city or incorporated town is situated, or of 
the county in which the larger part of such city or incorpor- 
ated town is situated ; nor shall it be lawful for the county 
superintendent, or any other officer or person, to pay over any 
portion of the common school fund to any local treasurer, school 
agent, clerk, board of education, or other officer or person, of 
any township, city or incorporated town, unless a report of the 
number of persons, and other statistics relative to schools, and 
a statement of such other information as is required by the 
board of trustees or directors, as aforesaid, and of other school 
officers and teachers, under the provisions of this act, shall have 
been filed at the time or times aforesaid, specified in this 
section, with the superintendent of the proper county, as afore- 
said. 

§ 8. It shall be the duty of the president, principal or other 
proper officer of every organized university, college, seminary, 
academy, or other literary institution, heretofore incorporated, 
or hereafter to be incorporated in this State, to make out, or 
cause to be made out. and forwarded to the office of the State 
Superintendent of Public Instruction, on or before the first day 
of August in each year, a report setting forth the amount and 
estimated value of real estate owned by the corporation, the 
amount of other funds and endowments, and the yearly income 
from all sources ; the number of instructors, the number 
of students in the different classes, the studies pursued and the 
books used ; the course of instruction, the terms of tuition, and 
such other matters as may be specially requested by said 
superintendent, or as may be deemed proper by the president 
or principal of such institution to enable the Superintendent of 
Public Instruction to lay before the legislature a fair and full 
exhibit of the affairs and conditions of said institutions, and of 
the educational resources of the State. 



SCHOOLS. 343 



§ 9. If judgment shall be obtained against any township 
board of trustees or school directors, the party entitled to the 
benefit of such judgment may have execution therefor, as follows, 
to-wit: It shall be lawful for the court in which such judgment 
shall be obtained, or to which such judgment may be removed 
by transcript or appeal from a justice of the peace, or other 
court, to issue thence a writ, commanding the directors, trus- 
tees and treasurer of such township, to cause the amount 
thereof, with interest and costs, to be paid to the party en- 
titled to the benefit of such judgment, out of any moneys unap- 
propriated of said township or district, or if there be no such 
moneys, out of the first moneys applicable to the payment of 
the kind of services or indebtedness for which such judgment 
shall be obtained, which shall be received for the use of such 
township or district, and to enforce obedience to such writ by 
attachment, or by mandamus, requiring such board to levy a 
tax for the payment of such judgment; and all legal processes, 
as well as writs to enforce payment, shall be served either on the 
president or clerk of the board. 

§ 10. Trustees of schools, school directors, members of boards 
of education, or other school officers performing like duties, 
shall receive no pecuniary compensation, but they shall be 
exempt from road labor and from military duty during their 
term of office. 

§ 11. All school officers elected in pursuance of any general 
law now in force shall hold their respective offices until their 
successors are elected and qualified under the provisions of this 
act. , 

§ 12. ''An act to establish and maintain a system of free 
schools,'" approved. April 1, 1872; "An act to protect colored 
children in their rights to attend public schools,"' approved 
March 24, 1874; "An act to amend section fifty (50) of an 
act entitled 'An act to establish and maintain a system of free 
vschools," approved April 1, 1872," approved March 30, 1874; 
"An act to amend sections 24 and 33 of an act entitled 'An 
act to establish and maintain a system of free schools,' ap- 
proved April 1, 1872," approved May 23, 1877 ; "An act to 
amend section 47 of 'An act to establish and maintain a sys- 
tem of free schools,' approved April 1,1872,'" approved May 11, 
1877; "An act regulating the renting and sale of school 
lands," approved May 25, 1877 ; "An act to amend section 
33 of an act entitled 'An act to amend sections 24 and 33 of 
an act entitled 'An act to establish and maintain a system of 
free schools, approved April 1, 1872,' approved May 23, 1877, 
in force July 1, 1877;" approved May 31, 1879; "An act to 
amend an act entitled 'An act to establish and maintain a 
system of free schools,' " approved April 1, 1872; and section 
forty-seven (47) of said act as amended by an act approved 



344 SCHOOLS. 



May 11, 1877," approved June 3, 1879; "An act to amend 
sections eleven (11), twenty-seven (27), thirty -three (33), thirty- 
four (34), forty-eight (48), fifty-three (53), fifty-four (54), and 
fifty-seven (57) of an act entitled 'An act to establish and 
maintain a system of free schools,' approved April 1, 1872, and 
in force Julv 1, 1872, and amended by an act approved June 
3, 1879, and in force July 1, 1879," approved May 31, 1881; 
"An act to amend section fifty-one (51) of an act entitled 'An 
act to establish and maintain a system of free schools,' ap- 
proved April 1, 1872, in force July 1, 1872, and amended by 
an act approved June 3, 1879, in force July 1, 1879," approved 
June 23, 1883; "An act regulating the loaning of school funds," 
approved and in force March 20, 1883; "An act to amend sec- 
tions thirteen (13j, twenty (20) and seventy-one (71) of an 
act entitled 'An act to establish and maintain a system of free 
schools,' approved April 1, 1872, and in force July 1, 1872, and 
amended by an act approved June 3, 1879," approved June 26, 
1885; "An act to amend sections fifty-seven (57) and fifty- 
eight (58) of an act entitled 'An act to establish and maintain 
a system of free schools,' approved April 1, 1872, and amended 
by an act approved April 1, 1872, and amended by an act ap- 
proved June 3, 1879, and in force July 1, 1879, and further 
amended by an act approved May 31, 1881, and in force July 
1, 1881," approved June 30, 1885; "An act to amend section 
one (1) of an act entitled 'An act regulating the renting and 
sale of school lands,' approved May 25, 1877, in force July 1, 
1877," approved June 29, 1885; "An act to 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 an act approved May 23, 
1877, in force July 1, 1877, as amended by act approved 
June 3, 1879, in force Jul}^ 1, 1879, as amended by act ap- 
proved May 31, 1881, in force Julj' 1, 1881,'" approved June 4, 
1887; "An act to provide for the election of presidents of boards 
of education in school districts," approved June 17, 1887; "An 
Act to empower trustees of schools to lay out and dedicate 
common school lands for street and highway purposes," ap- 
proved June 3, 1887; "An act to regulate the attendance of 
teachers upon teachers' institutes," approved June 14, 1887; 
"An act to empower township trustees to sell and convey right 
of way and depot grounds for the use of railroads crossing 
school lands," approved April 13, 1875; "An act to regulate 
the payment of moneys into the hands of township school 
treasurers," approved May 30, 1881; and all other acts and 
parts of acts inconsistent with this act, and all general school 
laws of this state, are hereby repealed. 

§ 13. Whereas, an emergency exists, requiring this act to take 
immediate effect: Therefore, he it enacted that this act shall 
take effect from and after its passage. 

Approved May 21, 1889. 



SCHOOLS. 



345 



REVISION AMENDED. 



§ 1. Amends section 1, article 5, of the re- 
vision, by striking out "two thou- 
sand inhabitants" and inserting "one 
thousand inhabitants." 



§ 2. Emergency. 



An Act to amend an act entitled '^An act to establish and 
maintain a svstem of free schools," approved May 21, 1889, 
and in force ^May 21, 1889. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That section one 
(1), article five (5) of an act entitled "An act to establish and 
maintain a system of free schools," approved May 21, 1889, 
and in force May 21, 1889, be amended so as to read as follows: 

Section 1. In all school districts having a population of less 
than one thousand inhabitants, and not governed by any 
special act in relation to free schools now in force, there shall 
be elected in the manner hereinafter provided for, a board of 
directors, to consist of three members. 

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

Approved June 1, 1889. 



study of the NATt'RE AND EFFECTS OF STIMFLANTS AND 

NARCOTICS. 



§ 1. Instruction in physiology and hygiene 
with reference to the effects of 
alcoholic beverages, stimulants and 
narcotics on the human system. 



§ 2. Certificates shall not be granted to 
teachers who do not pass satisfac- 
tory examinations in this science. 



An Act relating- to the study of physiology and hygiene in the 

public schools. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the proper 
legal school authorities shall have power, and it shall be their 
duty, to have all pupils of suitable age in schools of Illinois 
supported b}' public money, or under state control, instructed 



346 soldiers' and sailors' home. 



in physiology and hygiene, with special reference to the effects 
of alcoholic beverages, stimulants and narcotics on the human 
system . 

§ 2. No certificate shall be granted to any person to teach 
in the public schools of- Illinois after July, 1890, who has not 
passed a satisfactory examination in physiology and hygiene 
with special reference to the effects of alcoholic beverages, 
stimulants and narcotics on the human system. 

Approved June 1, 1889. 



SOLDIERS' AND SAILORS' HOMES. 



ADMISSION OF MEMBERS. 

§ 1. Amends section 18, act of 1885, by requiring the trustees to furnish free transporta- 
tion to successful applicants for admission to the home. 

An Act to amend section 18, of an act entitled ^'An act to es- 
tablish and maintain a soldiers' and sailors' home in the state 
of Illinois, and making an appropriation for the purchase of 
land and the construction of the necessary buildings," ap- 
proved June 26, 1885, in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section 18 
of an act entitled "An act to establish and maintain a soldiers' 
and sailors' home in the state of Illinois and making an appro- 
priation for the purchase of lands and the construction of the 
necessary buildings," approved June 26, 1885, in force July 1, 
1885, be amended so as to read as follows: 

Section 18. Said trustees shall have the power, and it shall 
be their duty to make such reasonable rules and regulations 
governing the admission, maintenance and discharge of inmates 
of said home, as shall not be inconsistent with the spirit and 
provisions of this act and of the act herein referred to, and that 
whenever an applicant is admitted, it shall be the duty of said 
trustees to notify said applicant so admitted, and shall with 
such notice transmit to said applicant transportation tickets 
from his nearest railroad station to said home without cost 
to him. 

Approved June 1, 1889. 



SOLDIERS AND SAILORS HOMES. 



347 



MONEY APPROPRIATED BY THE UNITED STATES IN AID OF STATE 

HOMES. 



1. State Treasurer authorized to re- 
ceive money from the Uni ed States, 
appropriated in aid of state homes 
for destitute soldiers. 



§ 2. 



How held and accounted for by the 
Treasurer. 



§ 3. Emergency. 



An Act to authorize the Treasurer of the state of Illinois to 
receive certain moneys from the United States. 

Whereas, By an act of congress entitled "An act to provide 
aid to state or territorial homes, for the support of disabled 
soldiers and sailors of the United States," approved August 27, 
1888; it was provided "That all states or territories which have 
established, or which shall hereafter establish, state homes for 
disabled soldiers and sailors of the United States, who served 
in the war of the rebellion, or in any previous war, who are 
disabled by age, disease, or otherwise, and by reason of such 
disability are incapable of earning a living, provided such dis- 
ability was not incurred in service against the United States, 
shall be paid for every such disabled soldier or sailor, who may 
be admitted and cared for in such home, at the rate of one 
hundred dollars per annum,'' and that the payment of the 
money appropriated by said act should be made "to the offi- 
cers of the respective states or territories entitled, dulj^ au- 
thorized to receive such payments," and whereas, the state of 
Illinois has heretofore established such a home as is contem- 
plated by said act, now therefore; 

Section 1. Be it enacted by the People of the State of Illi- 
nois represented in the General Assembly: That the Treas- 
urer of the state of Illinois be, and is hereby authorized to re- 
ceive from the United States all money which may be now com- 
ing or which shall hereafter accrue to the said State under and 
by virtue of the provisions of "An act of the congress of the 
United States of America, entitled 'An act to provide aid to 
states and teri-itorial homes for the support of disabled soldiers 
and sailors of the United States,'" approved August 27, 1887. 

§ 2. The money so received from the United States shall be 
held and accounted for by the said Treasurer as is other money 
in his hands belonging to the state of Illinois. 

§ 3. Whereas, it is necessary that an officer of the state of 
Illinois be at once dulj'' authorized to receive said money from 
the United States, therefore an emergency exists, and this act 
shall take effect from and after its passage. 

Approved xipril 18., 1889. 



348 



SOLDIERS MEMORIAL HALL. 



SOLDIERS' MEMORIAL HALL. 



DEARBORN PARK, CHICAGO. 



§ 1. Soldiers' home of Chicago authorized 
to erect a memorial hall building on 
theN. M of Dearborn park, Chicago. 

§ 2. Objects and use of building; man- 
agement. 

§ 3. Principal hall of said building, xise, 
occupation and management. 



§ 4. Use and occupation of portions of 
said building by the Chicago public 
library; transfer of said memorial 
hall building under certain con- 
ditions and upon certain terms. 



An Act to authorize the Soldiers' Home in Chicago to erect and 
maintain a soldiers' memorial hall on the noHh one-quarter 
of Dearborn park in the city of Chicago. 

Whereas, in the original subdivision of a tract of land in the 
western part of the southwest fractional quarter of section ten 
(10), township thirtj^'-nine (39), north range fourteen (14), 
east of the third principal meridian, as subdivided and platted 
under authority of the secretary of war, in the year eighteen 
hundred and thirty-nine, a square or tract of land in said sub- 
division, a part of which is known as Dearborn park, was 
set aside for park purposes and so dedicated by the general 
government ; and 

Whereas, the circumstances under which said dedication was 
made no longer exist; so that park can be used or utilized for the 
purposes for which said dedication Avas made; the growth and 
development of business having now rendered it worthless for 
such purposes; therefore. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the Soldiers' 
Home in Chicago, a corporation incorporated under and by 
virtue of a special act of the legislature oi the state of Illinois, 
approved and in force Febi'uary 28, 1867, be and the said cor- 
poration hereby is authoiized and empowered to erect and 
maintain on the north one-quarter of a piece of ground now 
known as Dearborn park in that part of the city of Chicago 
known as Fort Dearborn addition to Chicago, and bounded on 
the north b}' the south line of Randolph street, on the east by 
the west line of Michigan avenue, on the south by the north 
line of AVashington street, and on the west by the east line of 
an alley known as Dearborn place, a soldier's memorial hall 
building to commemorate the virtues, sufferings and sacrifices 
of the soldiers and sailors of the state of Illinois in the late 
civil war, and for the uses hereinafter set forth. 



soldiers' memorial hall. 349 



§ 2. Said memorial hall building when erected shall be used 
under the direction and control, of the managers of the said 
Soldiers" Home in Chicago, by all non-political organizations of 
the United States soldiers and sailors of the late civil war, 
for all purposes not inconsistent with such organizations with- 
out charge, but no part thereof shall be rented by said Soldiers' 
Home in Chicago for pecuniary profit, except for such chari- 
table objects as are provided for in its charter, and the care, 
maintenance and protection of said building. 

§ 3. The main or principal hall of such memorial building 
shall be a public hall, in which non-political public meetings 
may be held under the direction and control of the directors of 
the said Soldiers' Home, and the sanction and approval of the 
mayor and common council of the city of Chicago: Provided, 
however, such public meeting shall not interfere ^vith the use of 
said hall by any of the before mentioned organizations in the 
manner contemplated by this act. 

§ 4. The directors of the Chicago public libraiy shall have 
the privilege of storing and keeping in such unoccupied por- 
tions of said memorial hall building as may not be required for 
other purposes, all such maps, charts, books, periodicals, papers 
and other literature relating to the late civil war and military 
history of this country, as they may desire. At the expiration 
of fifty years from the completion of said memorial hall build- 
ing and at any time after the expiration of that period, the 
directors of the Soldiers' Home in Chicago, at their option, by 
a two-thirds vote of all their members, may turn over, transfer 
and convey to the directors of the Chicago public library all 
the right, title and interest of the Soldiers' Home in Chicago, 
in and to the said memorial hall building and grounds, and 
the said directors of the Chicago public library in such case 
are hereb^^ authorized and empowered to receive, accept, hold 
and maintain the same in perpetuity: Provided, however, said 
building shall never be deprived of its distinctive character as a 
soldiers' memorial hall, or be used by the directors of the Chi- 
cago public library or any other person to the exclusion of 
any of the non-political organizations of the soldiers and sailors 
of the late civil war. 

Approved June 4, 1889, 



350 



BTATE CONTRACTS. 



STATE CONTRACTS. 



PRINTING AND BINDING. 



FEINTING. 



Amends sections 7. 12, 13, 14, 15, 16, 17, 

18, 19, 20, act of 1874. 

Sec. 7. Amended by empowering the 
board of state contracts to a\oid or 
suspend a contract on account of 
fraud or conspiracy; new contracts. 

Sec. 12. Amended by reducing the 
classes of printing from six to 
four and defining the classes. 

Sec. 13. Amended by defining how 
and when the printing shall be done, 
and how much paper shall be deliv- 
ered and how. 

Sec. 14. Amended by changing the 
form and manner of making bids. 

Sec. 15. Amended by further defining 
the printing that may be oi dered by 
either house of the genei al a&^sem- 
bly without the concurrence of the 
other. 



Sec. 16. Amended by redur-ing the 
maximum rates to be paid for com- 
position. 

Sec. 17. Amended by providing for 
the appointment of a proof reader 
for work in the first class. 

Sec. 18. Amended by defining the 
type to be used in the second class, 
and the size of the page and the 
style in which the form shall be 
made up. 

Sec. 19. Amended by defining the 
kind of type, style of form, and how 
measured. 

Sec. 20. Amended by defining how 
the work shall be executed; p.o- 
vides for the appointment of a 
copy holder for printer expei t. 



Amends section 37, 38 and 39, act of 
1874. 

Sec. 37. Defines the five classes of 
binding and reauires that the five 
classes shall be let as one contract. 



Sec. 38. Fixes the maximum prices 
to be paid for binding. 

Sec. 39. Sty e of binding of the differ- 
ent volumes published. 



An Act to amend sections 7, 12, 13, 14, 15, 16, 17, 18, 19, and 
20, and sections 37, 38 and 39, of an act entitled "JLa act to 
revise the law in relation to state contracts," approved March 
31, 1874. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assemblv: That sections 7, 12. 
13, 14, 15, 16, 17, 18, 19 and 20, and sections 37, 38 and 39, 
of an act entitled "An act to revise the law in i-elation to state 
contracts," approved March 31, 1874, be and the same are 
hereby amended so as to read as follows: 

Section 7. If any contractor shall fail, in whole or in part, 
to fulfill his contract, the commissioners may cancel such con- 



STATE CONTRACTS. 351 



tract, and having done so, shall notify him in writing, specify- 
ing their reasons for so doing. And the commissioners of state 
contracts are hereby given power and authority, with the ap- 
proval of the Governor, to suspend, declare void, or cancel any 
state contracts' entered into by them, whenever they or a ma- 
jority of them are of opinion that such contract was obtained 
by fraud, conspiracy, or any unlawful means, and whenever any 
contract is so held to be void, suspended or canceled, or any 
investigation thereof is being had by the legislature, or either 
house thereof, or by said commissioners of state contracts, then 
and in such case said board of commissioners is hereby given 
power and authority in their discretion to enter into and carry 
out any new contract or contracts in such manner as they may 
deem for the best interests of the State. 

Section 12. The printing of the State shall be divided into 
four classes, to be let in separate contracts, as follows: 

First — The printing, folding, stitching and trimming of the 
bills and resolutions for the consideration of the general assem- 
bly, shall constitute the first class. 

Second — The printing of the journals of the senate and of the 
house of representatives, the laws and joint resolutions passed 
by the general assembly, the reports of the state officers, state 
boards, state institutions, and all other reports required to be 
made to the Governor, or to the general assembly; also all 
pamphlet work, including briefs, circulars, synopsis, and other 
similar work required to be printed upon book paper; the copy 
for which will make more than four numbered pages, and which 
is required to be printed in long primer or nonpareil type and 
in a page of the size prescribed in section 18 of this act, shall 
constitute the second class. 

Third — The printing, stitching, ruling, lining, indexing and 
binding of election registers, shall constitute the third class. 

Fourth — All printing, the character of which is not specially 
defined in the first, second or third classes, and all ruling and 
padding required to be done by the State, shall be assigned to 
and constitute the fourth class, and proposals for doing the 
printing in this class shall also embrace proposals for doing the 
ruling and padding. 

Section 13. The printing shall be done under the general 
supervision and direction of the commissioners of state contracts 
and the printer expert within this State; and the first and fourth 
classes entire with the reports, communications and documents 
and the volumes of reports and all other matter in class 2 shall 
be printed at the state capital, except that the journals of the 
senate and house of representative and joint resolutions in such 
class 2, and with all of class 3 may be printed elsewhere within 
the State. All printing shall be delivered at the expense of the 



352 STATE CONTRACTS. 



contractor, at the state house, to the order of the Secretary of 
State, xit the close of the fiscal year in each biennial period 
the commissioners of state contracts shall designate what reports 
shall have precedence in the order of printing. The Secretary of 
State shall deliver to the contractor for the various classes of 
printing the paper required to execute the work, as provided in 
section 24 of this act, but the contractor shall pay the cost of 
transportation of same to place where printing is done. For 
the fourth class of printing, the Secretary of State shall trans- 
mit to the printer the exact quantity of paper required to print 
each job ordered, cut to the size required, with the order for the 
printing of the same. 

Section 14. Bids for the first class shall state the price per 
one thousand ems of composition, the price per hundred im- 
pressions of press work, and the price per one hundred pages 
for folding, stitching and trimming, for which the bidder will do 
the work of that class. All composition shall be measured as 
plain work of this class, and no extra allowed on account of a 
variance from plain composition. 

Bids for the second class shall state the price per one thou- 
sand ems of plain composition, the price per one thousand ems 
of rule and figure work, and the price per one hundred impres- 
sions of press work, for which the bidder will do the work of 
that class. Eule and figure in this class shall consist of two or 
more columns of figures and words, or figures or words, with 
rules separating the columns; but matter requiring four or 
more "justifications" may be estimated at the price paid for 
rule and figure w-ork. All composition not coming within the 
foregoing specific definitions shall be measured as plain composi- 
tion, and no extra shall be allowed for such work above the con- 
tract rate. 

Bids for the third class shall state the sum for which the bid- 
der will furnish, complete, each election register required. 

Bids for the fourth class shall state the price per one thou- 
sand ems of composition, and the price per one hundred im- 
pressions of press work, for which the bidder will do the work 
of that class. All composition shall be measured as plain work 
in this class, and no extra allowed on account of rule and figure 
or figure work, or other variance from plain composition. Bids 
for doing the work of this class shall also state the price per 
one hundred sheets for ruling, and the price per one hundred 
sheets for padding. 

Section 15. All orders for printing required by the general 
assembly, in addition to that authorized by this or some other 
act not in conflict herewith, shall be by joint resolution: Pro- 
vided, that either house maj^ order printed any bills, blanks, 
rules, calendars, cards, synopsis of bills, reports of committees, 



STATE CONTRACTS. 353 



coniinunieatioiis, or the daily journal of proceedings, without 
the concurrence of the other branch of the general assembly. 

Section 16. The highest prices that may be paid for work 
in the first, second, third and fourth classes of printing, under 
this act, shall be as follows, viz.: 

First class — Forty cents for each one thousand ems of com- 
position. For folding, stitching and trimming bills and joint 
resolutions, three cents per one hundred pages, aggregate count. 

Second class — Eighty cents for each one thousand ems of rule 
and figure Avork, and forty cents for each one thousand ems of 
plain or other grade of composition. 

Third class — For printing, st tching, ruling, binding, lining, 
and indexing each election register, eight cents. 

Fourth class — Forty cents for each one thousand ems of com- 
position, without distinction o? grade. For ruling, ten cents 
per one hundred cheets each time the sheet necessarily passes 
through the ruling machine. For padding, six cents for each 
pad, an 3^ size or number of sheets. 

Presswork — Fifteen cents for each one hundred impressions of 
presswork, in the first, second and fourth classes: Provided, 
that an}^ number of impressions less than one hundred on any 
form shall be counted as one hundred. 

Section 17. The type used in doing work of the first class 
shall be small pica, composed in a measure six inches wide, and 
made up into pages ten and one-half inches long, or so as to 
contain 3,000 ems, as nearly" as may be. Between the lines 
there shall be a space not exceeding a pica slug; but if any 
matter should properly be set solid, the printer expert may so 
decide and direct. In computing composition in this class, the 
type shall be measured as if it had been set solid; and necessary 
fractions of pages maj^ be counted as full pages, but no blank 
pages shall be charged for. In estimating presswork in this 
class, four pages shall be considered a form: Provided, that 
any number of pages fewer than four shall be considered a form 
when the copy of any job done in this class is not sufficient to 
make four pages, or shall make one or more full forms and a 
fractional part of another form. During the session of the gen 
eral assembly, the printer expert shall appoint a skilled and 
competent person to read the proof of work in this class, which 
bill proof reader shall receive the sum of three dollars per day 
for actual services, to be paid out of any funds not otherwise 
appropriated, on the certificate of the printer expert. The con- 
tractor shall furnish said proof reader with suitable office room, 
and shall also provide, at the contractor's expense, an accept- 
able copy-holder to assist said proof reader. 

—23 



354 STATE CONTRACTS. 



Section 18. The type used in doing- work of the second class 
shall be long- primer for the text, brevier for extracts, quoted mat- 
ter, correspondence and resolutions, and nonpareil for tabular 
work and exhibits — the type to be good, of a uniform face, and 
satisfactory to the printer expert. It must be made up into 
medium octavo pages, twent^^-six ems pica in width and forty- 
six ems pica in length, and set solid, except as hereinafter pro- 
vided. Exhibits, tabular statements, or illustrations which can- 
not be brought within the limits of the page herein prescribed 
shall be printed on a separate sheet as an inset, each one 
counting as a form, and shall be inserted by the contractor for 
binding in the book in which the same shall belong. All docu- 
ments, communications, or any pamphlet work required to be 
made up into numbered pages, the copy for which will make 
more than four pages, shall belong to and be printed by the 
contractor for the second class, and the printer expert may, in 
his discretion, have such work leaded or slugged, as the case 
may require; but the volumes of laws, journals, and reports of state 
officers and state boards shall be set solid, under the instruc- 
tion of the printer expert, without the intervention of unneces- 
sary leads or slugs. In the printed journal of each house of the 
general assemby, each division list of the yeas and nays shall 
be set in nonpareil type, in fiA^e columns, in alphabetical order. 
When two or more surnames are alike, they shall be distin- 
guished in the list by the addition of the christian name or ini- 
tials. In estimating press work in the second class, sixteen 
pages shall be counted a form if there be enough matter in con- 
secutive order to make sixteen pages; but if any document 
make less than sixteen pages, or if for good reason it becomes 
necessary to print any part of any document in a smaller form, 
it shall be counted as a form. The piinter expert shall give 
general directions, for the making up of matter in all classes, 
so as to avoid unnecessary charges for composition or press- 
work, and the contractor shall observe such directions. Compo- 
sition shall not be allo\Aed for blank pages, but a necessary 
fractional page may be measured as a full page. 

Section 19. Composition in the fourth class shall be estimated 
as follows, viz : All work set in pica t^'pe, or all t^'pe larger 
than pica, wherever used, shall be measured as pica: Provided, 
that a display heading or sub-heading in a job, may be measured 
as the kind of type which predominates in the job. When any 
job is set in type smaller than pica, or when two or more sizes 
of t.ype are required to be used iji the body of the same job, 
such job shall be estimated by measuring each kind of type so 
used. All jobs shall be measured by the surface actually printed 
over, and not by the size of the sheet used. If matter is to ap- 
pear in form of pages, only the actual composition shall be 
measured or allowed. Composition shall not be allowed for 



STATE CONTRACTS. 355 



blank pages, but a necessary fractional page may be measured 
as a full page. Wherever blank space is required to be left be- 
tween lines in a job such space shall be measured as though 
■set in the size type which predominates in the job. No form 
shall be measured at less than one thousand ems. When copy 
for any job is furnished the contractor, the printer expert may, 
in his discretion, designate the kind of type to be used in setting 
the same, and the contractor shall follow such instructions. 
Presswork in the fourth class shall be estimated as follows, 
Tiz.: A form shall consist of whatever printing appears on the 
surface of the paper as furnished for the job. If the job is 
printed on both sides of the sheet, two forms shall be allowed . 
If any job is to be printed in the form of pages, a form shall' con- 
sist of the number of pages that the paper furnished for the job 
will admit of printing. 

Section 20. The contractor for all printing under this act 
shall execute as promptly as the commissioners of state con- 
tracts may require, and in a manner acceptable to said com- 
missioners and the printer expert, all orders for printing issued 
to him. It shall be incumbent on the contractor for any class 
of printing to provide such material and appliances as are con- 
sidered necessary by the printer expert for the prompt and work- 
manlike execution of the work, and the best quality of book ink 
shall be used in the presswork. The contractor for work in the 
second and fourth classes shall read and correct the first proof 
of all w^ork done by him, and see that the same is reasonably 
free from errors, properly made up, uniform in style, punctua- 
tion and capitalization, and conformable to copy furnished. A 
second proof shall then be sent to the printer expert, who shall 
read the same in connection with some person, who may be ap- 
pointed by the printer expei't for that purpose, and whose com- 
pensation shall not exceed the sum of three dollars per day for 
actual services. If additions or changes from copy be made in 
the second proof, the printer expert shall designate the same, 
and the contractor shall promptly correct such proof and re- 
turn it to the printer expert with a revise if required; and for 
making such changes the contractor shall be allowed such sum 
(to be estimated at forty cents per hour) as the printer expert 
may certify to the commissioners of state contracts is equitable. 
If any job is rejected on account of error attributable to the 
contractor, he shall promptly reprint the job without addi- 
tional charge. 

BINDING, 

§ 2. That sections 37, 38 and 39 of the act herein mentioned 
be amended so as to read as follows, to-wit: 

Section 37. The binding for the state shall be divided into 
five classes, to be let in one contract, as follows, viz.: 

First — The folding, sewing wdth two twines and trimming of 
the laws, journals and volumes of reports, and the binding 



356 STATE CONTRACTS. 



thereof in leather backs and substantial pasteboard sides, 
covered with blue paper, and any required title stamped in gold 
on the backs, sha.l constitute the first class. 

Second — The folding, sewing with two twines and trimming of 
the laws and journals, and the binding thereof in law-sheep 
backs and corners and No. 20 tar-board sides, covered with 
good American comb-marble paper, and any required title 
stamped in gold on the backs, shall constitute the second class. 

Third — The folding, sewing with two twines and trimming of 
the reports of the executive departments and public institu- 
tions, and the binding thereof in English cloth and binders' or 
cloth-board sides, with title and any required ornament em- 
bossed in gold on the backs and blank fillets on the bides, shall 
constitute the third class. 

Fourth — The folding, stitching with four holes a,nd trimming 
of reports to the general assembly, or either house thereof, and 
other documents, and the binding of said reports in paper covers, 
with the title page printed thereon, shall constitute the fourth 
class. 

Fifth — In this class shall be included the printing and binding* 
of all ledgers, journals, cash books, warrant books, invoice 
books, fee books, or blank books of whatsoever size or style 
required by au}^ of the state departments; also, all binding that 
ma}^ be required by the library commissioners from time to 
time; also, the tipping in of maps, plates, exhibits, and similar 
work; also, all other binding or work usually performed in a 
bindery, required by the several departments of state, and not 
specifically described in the preceding classes or in sections 14 
or 16 of this act. The Secretary of State shall be prepared to 
exhibit in his office fair samples of the various articles and 
styles of binding for which bids are solicited in this clause; and 
the commissioners of state contracts shall fix a maximum price 
for each article where the same is not fixed hj this act, which 
price shall be the fair cash value of the work to be done. Per- 
sons who bid for classes one, two, three and four shall also bid 
for class five, and the five classes of binding shall be let in one 
contract to the lowest bidder in the aggregate. 

Section 38. The highest prices that may be paid for binding, 
under this act, shall be as follows, viz.: 

For the first class, per volume, twenty cents, irrespective of 
number of pages. 

For the second class, per volume, thirty-five cents, irrespective 
of number of pages. 

For the third class, per volume, twenty cents, irrespective of 
number of pages. 

For the fourth class, per one hundred pages, two cents aggre- 
gate count. 



TOWNSHIPS. 



357 



Section 39. Of the tfumber of laws, journals and volumes of 
reports required to be printed, four thousand copies of the laws 
and six hundred copies of the journals and five hundred copies 
of the volumes of reports shall be bound in the second class of 
binding, as described in section 37 of this act; and of the num- 
ber of reports required to be printed, three thousand copies 
each of that of the Superintendent of Public Instruction, and the 
railroad and warehouse commission; two thousand copies, each, of 
the state board of public charities, university of Illinois, state 
board of health, and bureau of labor statistics, one thousand 
copies, each, of the Auditor of State, Secretary of State, and 
other state officers, state boards, and insurance reports; and 
ten thousand copies of the report of the state board of agri- 
culture, shall be bound in the third class of binding, as describ- 
ed in section 37 of this act. The laws, journals and volumes of 
reports, except as hereinbefore provided in this section, shall be 
bound in the first class of binding, as described in section 37 of 
this act; the reports except as hereinbefore provided in this 
section, shall be bound in the fourth class of binding, as de- 
scribed in section 37 of this act. 

Approved June 6, 1889. 



TOWNSHIPS. 



BOND FUND. 



§ 1. Balances in the hands of county 
treasurers, payable to supervisors. 

§ 2. Application of feuch surplus funds. 



3. When funds are set apart' for road 

and bridge p-rposes payable to 
highway commissioners. 

4. Emergency. 



An Act making provision for the refunding of surplus funds that 
now- are, or hereafter may be, in the hands of the county col- 
lectors of taxes or county treasuivrs, to the credit of the 
bond fund of townships when such bonds have been fully paid 
and canceled. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That whenever all 
the bonds of any township shall have been fully paid and can- 
celed and there remains in the hands of the county collector of 



358 TOWNSHIPS. 



taxes or county treasurer after said payment, any balance to 
the credit of the bond fund of such township, it shall be the 
duty of any such county collector of taxes or county treasurer, 
and he is hereby authorized to pay to the supervisor of such 
township the balance of such fund in his hands, taking a re- 
ceipt of such supervisor therefor. 

§ 2. Such funds, when paid to the supervisor of any such 
town, may be appropriated and expended for defraying the 
general charges and expenses of such town; for laying out. 
making and repairing the roads and bridges of said town, the 
purchase of materials, implements and machinery therefor, and 
for the payment of any outstanding orders, in such manner 
and proportions as the legal voters of such town may deter- 
mine at their annual or special town meeting duly called for 
such purpose. 

§ 3. Whenever the legal voters of any town, obtaining or 
receiving surplus funds as mentioned in section one of this act, 
shall determine at any general or special town meeting that a 
particular amount or portion of such surplus fund shall be paid 
to the commissioners of highways of such town for road and 
bridge purposes, as provided in section two of this act, it shall 
be the duty of the supervisor of such town to pa^^ such amount 
to the roarl commissioners of such town and to take their re- 
ceipt therefor. 

§ 4. Whereas, large sums of nionej^ are now idle in many of 
the county treasuries of this State credited to the bond fund of 
certain townships which ought to be paid back to the townships 
to whose credit the same stands, and there is at present no 
provision of law for such payment, therefore, an emergency 
exists, and this act shall take effect and be in force from and 
after its passage. 

Approved March 29, 1889. 



TOWNSHIP ORGANIZATIOX. 359 



TOWNSHIP OEGANIZATION. 



ELECTIONS, BALLOT BOXES. 

§ 1. Amends the act of 1877, by authorizing the city and town ballots to be deposited in 

the same box. 

An Act to amend an act approved June 27, 1885, and in [force'] 
July 1, 1885, entitled "An act to amend an act approved and 
in force March 9, 1877, and which is entitled 'An act to amend 
section seven of article seven of an act entitled 'An act to re- 
vise the law in relation to township organization,' " approved 
and in force March 4, 1874. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the act ap- 
proved Jane 27, 1885, and in force July 1, 1885, entitled ''An 
act to amend an act approved and in force March 9, 1877, and 
which is entitled 'An act to amend section seven of article seven 
of an act entitled 'An act to revise the law in relation to town- 
ship organization,' " approved and in force March 4, 1874, be 
and the same is hereby amended so that the portion of said act 
designated therein as section seven shall be further amended so 
as to read as follows: 

Section 7. The town shall supply a suitable ballot box or 
boxes, to be kept and used in like manner as ballot boxes in 
other elections. In incorporated towns or incorporated villages 
whose limits are co-extensive with the limits of a town, or in 
any organized town where the number of voters at the last pre- 
ceding general election exceeded four hundred and fifty, the 
county board may require one or more additional ballot boxes 
and places for the reception of votes to be provided, which 
places shall be selected with reference to the convenience of the 
electors of the town, and the county board in such cases shall 
designate at which of said polling places the miscellaneous 
business of the town shall be transacted, and shall appoint three 
persons in each precinct to serve as judges of election: Provided, 
however, that in towns which lie wholly within the limits of an 
incorporated city and in any town whose territorial limits are 
co-extensive with the territorial limits of any incorporated city, 
village or incorporated town, the common council of such city, 
or the board of trustees of such incorporated village or town, 
shall divide such towns into election precincts, and designate 
the voting place in each precinct, and appoint three judges of 



860 TOWNSHIP OEGANIZATION. 



election for each precinct, who may be the same persons as are 
appointed as judges of election for city, town or village officers, 
held on the same day; and shall also designate the place where 
the miscellaneous business of the town shall be transacted. In 
such towns, it shall be lawful to print or write the names of 
candidates for city and township officers, on one ballot, and use 
only one ballot box at each voting place. And in all towns 
that are thus divided into voting precincts, it shall be the duty 
of the town clerk, or if there be no town clerk, it shall be the 
duty of the county clerk to post up, in three of the most public 
places of the town, a notice of each of the places in the town 
where the county board, city council or board of trustees has 
directed and required the election to be held, and of the place 
designated for the transaction of the miscellaneous business of 
the town. The town meeting for the transaction of such miscel- 
laneous business in such towns shall be held at the hour of two 
o'clock in the afternoon of said day. At such meeting a modera- 
tor shall be chosen to preside, by the electors present, and the 
town clerk shall act as clerk of said meeting, and keep a record 
of the proceedings thereof. The judges of election, in their re- 
spective precincts, shall cause two persons having similar quali- 
fications with themselves to act as clerks of such election, and 
said judges and clerks shall conduct such election as nearly as 
may be in accordance with the 2:eneral election laws of this 
State so far as apphcable, except that no registration of voters 
shall be required; and immediately upon clo ing the polls, they 
shall canvass the votes polled in the manner provided in the 
geneial election law of the State, and make a written statement 
or certificate of the number of votes cast at such election for 
each person voted for, and the office for which such person 
received such votes, and shall, within forty-eight hours there- 
after, cause such certificate and the poll-lists, together with the 
ballots cast at such election, to be separately sealed up and 
transmitted to the clerk of the town. The supervisor, together 
with the assessor and collector, shall, within five days thereafter, 
meet and canvass said returns and declare the result of said 
election: Provided, further, that this act shall not be construed 
in any manner to amend, modifj^ or repeal any of the provisions 
of an act entitled "An act regulating the holding of elections 
and declaring the result thereof in cities, villages and incorpor- 
ated towns in this State," approved June 19, 1885, nor shall 
the provisions of this act apply to or affect any city, village or 
incorporated town that has, by a vote of the electors thereof, 
adopted the provisions of the act last hereinabove mentioned. 

Approved May 25, 1889. 



TOWNSHIP ORGANIZATION. 361 



NEW TOWNS. 

§ 1. Amf^nds sec. 1, art. 3, by recLuiring that one-half of the legal voters of such towns 
whose boundaries shall be affected by the i^roposed changes shall petition lor 
ihe alteration or division of towns; the question mciy be submitted at any elec- 
tion, notice being given. 

An Act to amend section one, of article three, of " An act to 
revise the law in relation to township organization,^' approved 
and in force March 4, 1874. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That section, 
one, of article three, of "An act to revise the law in relation to 
township organization," approved and in force March 4, 1874, 
be amended so as to read as follows: 

Section 1. The county board of each county shall have full 
and complete power and jurisdiction to alter the boundaries of 
towns, to change town lines, and to divide, enlarge and create 
new towns in their respective counties, to suit the convenience 
of the inhabitants therein, but no new town shall be created, 
under the provisions of this act, of less territory than ten (10) 
square miles, nor unless there shall be at least fift^^ legal voters 
residing in said new town, nor unless at least one-half of the 
legal voters of such towns whose boundaries shall be affected 
by the proposed change or changes shall petition for such 
alteration or division, nor shall any new town be made, or any 
town divided, or the boundaries changed by the county board, 
without notice thereof having been given by posting up notices 
in not less than five of the most public places of the towns 
interested, or if several towns are interested, in each of them, 
at least sixty days before final action of the board, and also by 
publishing such notices at least three times in some newspaper 
pubhshed in the county wherein said towns are situated, if any 
shall be published therein: Provided, that no incorporated 
town shall be divided, except consent thereto is given by a 
majority of all the electors in said town, notice that the ques- 
tion of dividing said town will be submitted to the legal voters 
thereof having been given by the county clerk at the same 
time and in the same manner as the notice of said general 
election. 

Approved June 4, 1889. 



362 WAGES — WEIGHTS AND MEASUBES. 



WAGES. 



ATTORNEY S FEE IN SUITS FOR. 

§ 1. Provides that in suits to recover wag^s the court shall give iutlgment for an attor- 
ney's fee; limitation. 

An Act providing- for attorneys fees when mechanic,\artisan, 
miner, laborer, or servant sues for wages. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That whenever 
a mechanic, artisan miner, laborer or servant or employe shall 
have cause to bring suit for his or her wages earned and due, 
and owing according to the terms of the employment, and he or 
she shall establish by the decision of the court or jury that the 
amount for which he or she has brought suit is justly due and 
owing and that a demand has been made, in writing, at least 
three days before suit is brought, for a sum not exceeding the 
amount so found due and owing, then it shall be the duty of the 
court before which the case shall be tried, to allow to the plaintiff, 
when the foregoing facts appear, a reasonable attorney fee in 
addition to the amount found due and owing for wages, and in 
justice court such attorney's fee shall not be less than $5.00, and 
in the county or circuit court, not less than f 10.00, to be taxed 
as costs of suit. 

Approved June 1, 1889. 



WEIGHTS AND MEASURES. 



FLOUR AND CORN MEAL. 

§ 1. Amends section 7 of act of 1874 by fixing the weight of wheat flour per barrel and 

corn meal per bushel. 

An Act to amend sections 7 and 8 of chapter 147, entitled 
"weights and measures,^' approved February 27, 1871. 

Section 1. Be it enacted by the People of the State ot 
Illinois, represented in the General Assembly: That section 7 and 



WAGES. 363 



8 of an act entitled "An act to revise the law in relation to 
weights and measures," be amended so as to read as follows: 

Section 7. Whenever any of the following articles shall be 
contracted for, or sold, or delivered, and no special contract 
or agreement shall be made to the contrary, the weight per 
bushel or barrel, or divisible merchantable quantities of a bar- 
rel shall be as follows: 

Wheat flour, per barrel 196 pounds 

Wheat flour, per half barrel 98 pounds 

Wheat flour, per quarter barrel sack 49 pounds 

Wheat flour, per eighth barrel sack 24)^ pounds 

Corn meal, per bushel sack 48 pounds 

Corn meal, per half bushel sack 24 pounds 

Corn meal, per quarter bushel sack 12 pounds 

Stone coal, per bushel 80 pounds 

Unslacked lime, per bushel 80 pounds 

Corn in the ear-, per bushel 70 pounds 

Wheat, per bushel 60 pounds 

Irish potatoes, per bushel 60 pounds 

White beans, per bushel 60 pounds 

Clover seed, per bushel 60 pounds 

Onions, per bushel 57 pounds 

Shelled corn, per bushel 56 pounds 

Rye, per bushel 56 pounds 

Flax seed, per bushel 56 pounds 

Sweet potatoes, per bushel 55 pounds 

Turnips, per bushel 55 pounds 

Fine salt, per bushel 55 pounds 

Buckwheat, per bushel 52 pounds 

Coarse salt, per bushel 50 pounds 

Barley, per bushel 48 pounds 

Castor beans, per bushel.... 46 pounds 

Timothy seecl, per bushel 45 pounds 

Hemp seed, per bushel 44 pounds 

Malt, per bushel 38 pounds 

Dried peaches, per bushel 33 pounds 

Oats, per bushel 32 pounds 

Dried apples, per bushel 24 pounds 

Bran, per bushel 20 pounds 

Blue grass seed, per bushel 14 pounds 

Hair (plastering) per bushel 8 pounds 

Section 8. Whoever, in buying any of the articles of pro- 
perty mentioned in the preceding section, shall take any greater 
number of pounds thereof to the bushel, or barrel, or divisible 
merchantable quantity of a barrel, or in selling anj- of said 
articles, shall give any less number of pounds thereof to the 
bushel or barrel, or divisible merchantable quantity of a barrel 



364 WAGES. 



than is allowed by said section, with intent to gain an advan- 
tage thereby, except where expressly authorized so to do by 
special contract or agreement to that effect, shall be liable to 
the party injured in double the amount of the property so 
wrongfully taken or not given and |10, in addition thereto, to 
be recovered in any form of action, in any court • of competent 
jurisdiction. 
Approved June 1, 1889. 



JOINT RESOLUTIONS. 365 



JOINT RESOLUTIONS 



ADJOURNMENT FEBRUARY 19 TO FEBRUARY 25, 1889. 

Whereas, The Grand Army of the Eepublic hold their annual 
encampment in the cit}^ of Springfield on Wednesday and Thurs- 
day, February 20 and 21, 1889, and, 

Whereas, Said body have asked for and obtained for their 
meeting the hall of the house of representatives, and. 

Whereas, The Woman's Eelief Corps hold their annual meet- 
ing in said city on the same dates and have asked for, and re- 
ceived, the senate chamber to hold their meetings in, and, 

Whereas, The day following their said meetings is the birth- 
day of Washington, the father of our country, therefore be it 

Resolved, by the senate, the house of representatives concur- 
ring, that when the two houses adjourn on Tuesday, February 
19, that they each stand adjourned until Monday, February 25, 
at five o'clock P. M. 



ADJOURNMENT MARCH 28 TO APRIL 3, 1889. 

Whereas, The genius of our political institutions is that all 
power is inherent in the People ; and 

Whereas, The annual town elections occur on Tuesday, April 
2, next; therefore be it 

Resolved, by the house of representatives, the senate con- 
curring therein, that when the two houses adjourn on Thurs- 
day, March 28, they stand adjourned until Wednesday morn- 
ing, April 3, 1889. 

Adopted by the house March 27, 1889. 

Concurred in by the senate March 27, 1889. 



366 JOINT RESOLUTIONS. 



ADJOURNMENT SINE DIE. 

Resolved, by the senate, the house of representatives con- 
curring herein, that when the two houses of the 36th general 
assembly adjourn on Tuesday, May 28, 1889, they stand 
adjourned sine die. 

Adopted by the senate, January 18, 1889. 

Concurred in by the house, April 26, 1889. 



BEEI^, INSPECTION AND TRANSPORTATION OF. 

Resolved, by the senate, the house of representatives con- 
curring- herein, that a joint committee of three from the senate 
appointed by the president, and five from the house, appointed 
by the speaker, inquire into and report to the general assembly 
what action if any shall be taken in reference to the communi- 
cation from the Governor in reference to the resolution passed 
by the legislature of Kansas. 

Adopted by the senate, February- 8, 1889. 

Concurred in by the house, Februarj' 28, 1889. 



BINDING — TWINE, MANUFACTURE OF, IN THE PENITENTIARIES. 

Whereas, The agricultural interests of this State are embar- 
assed by the excessive price of binding twine demanded by what 
is commonly known as the "binding twine trust," therefore 
be it, 

Resolved, by the senate, the house of representatives con- 
curring herein, that the commissioners of the Joliet and Chester 
penitentiaries be and they are hereby instructed to make inves- 
tigation as to the cost of a necessary plant required for the 
manufacture of binding twine and the probable cost per pound 
of production after allowing cost of maintaining the convicts 
employed, in view of the extensive manufacture of binding twine 



JOINT RESOLL'TIONS. 367 



to be sold direct to the farmers of this State at cost, and said 
commissioners are respectfully requested to report the result of 
such investigation to the senate and house of representatives 
at an early day. 

Adopted by the senate April 4, 1889. 

Concurred in by the house April o, 1889. 



BLACK HAWK WAR, PENSIONS FOR SOLDIERS. 

Whereas, It has been the policy of the government of the 
United States to grant pensions to those who responded to the 
call in every war since the foundation of the government; and 

Whereas, In the year 1832 by the outbreak and rebellion of 
the Indians in the northwest, known as the Black Hawk war, 
many patriotic men responded to the call of their country and 
.speedily subdued the hostile Indians, therefore be it 

Resolved, by the house of representatives, the senate con- 
curring herein, that our senators in congress be instructed and 
our representatives be requested to use all honorable means to 
secure the passage of a bill granting a pension of twelve dollars 
(f 12.) per month to the surviving honorablj^ discharged soldiers 
(and their widows) who rendered military service in the Black 
Hawk war, and that the Secretary of State furnish a copy of 
these resolutions to each of our senators and representatives 
in congress. 

Adopted by the house Jan. 29, 1889. 

Concurred in by the senate Mar. 28, 1889. 



CANAL, LAKE SUPERIOR AND LAKE MICHIGAN, SURVEY. 

Be it resolved by the senate of the state of Illinois, the 
house of representatives concurring, that our senators and 
representatives in congress be and they are hereby requested 



368 JOINT RESOLUTIONS. 



to use their best endeavors to secure such legislation by con- 
gress as will result in the making of a survey under the direc- 
tion of the secretary of war of the United States, for the con- 
struction of a ship canal connecting lakes Michigan and Su- 
perior commencing at a point on the Little Bay de Hoc, lake 
Michigan, up the White Fish river to the divide between said 
lakes, thence down the Au Train river to or near Au Train 
haj, on lake Superior, thus saving to commerce over five hun- 
dred miles in the round trip between Chicago and Duluth, and 
saving to the general government great expense in naval oper- 
tions on the upjDer lakes in case of war. 

Resolved further, that the Governor be and he hereby is re- 
quested to forw^ard copies of the foregoing re:-olution to our 
senators and representatives in congress. 

Adopted by the senate, April 18, 1889. 

Concurred in by the house, April 25, 1889. 



ELECTION RETURNS FOR STATE OFFICERS, CANVASS. 

Resolved, bv the house of representatives, the senate con- 
curring herein. That the two houses shall meet in joint session 
in the hall of the house of representatives, on Thursday, the 
10th da.y of January, A. D. 1889, at the hour of 2 o'clock P. 
M., for the purpose of canvassing the returns of the election 
for state officers, held on the sixth day of November, A. D. 
1888, as required by the constitution of this State.. 

Adopted by the house Jan. 10, 1889. 

Concurred in by the senate Jan. 10, 1889. 



GOVERNOR S BIENNIAL MESSAGE, PRINTING. 

Resolved, by the house of representatives, the senate con- 
curring herein, that the Secretary of State be authorized and 
instructed to order printed 10,000 copies of the Governor's 
message to the thirty-sixth general assembly, for distribution 
among the members of the house and senate. 

Adopted hj the house Jan. 11, 1889. 

Concurred in by the senate Jan. 16, 1889. 



JOINT RESOLUTIONS. 369 



GOVERNOR ELECT, INAUGURATION. 

Resolved by the house of representatives, the senate con- 
curring herein, that the two houses meet in joint session in the 
house of representatives on the 14th day of January, A. D. 
1889, at 11 o'clock A. M., for the purpose of witnessing the in- 
auguration of Governor. Lieut. Governor, and state officers 
elect of the state of Illinois. 

Adopted by the house Jan. 10, 1889. 

Concurred in by the senate Jan. 11, 1889. 



GOVERNOR S INAUGURAL ADDRESS, PRINTING. 

Resolved bv the house of representatives, the senate con- 
curring herein, That the Secretary of State be, and is hereby au- 
thorized to have printed 10,000 copies of Governor Fifer's inau- 
gural address, for distribution among the members of this general 
assembly. 

Adopted by the house Jan. 14, 1889. 

Concurred in by the senate Jan. 16, 1889. 



ROBERT T. LINCOLN, MINISTER TO ENGLAND. 

Whereas, The pleasing intelligence is transmitted from Wash- 
ington that the President of the United States has selected for the 
responsible position of envoy extraordinary and minister plenipo- 
tentiary to the court of St. James, the leading diplomatic court 
in the civilized world, the Honorable Robert Todd Lincoln, a 
native born Illinoisan, late Secretary of War ; therefore, be it 

Resolved, by the senate, the house of representatives con- 
curing herein, That we, the senators and representatives of the 
people of Illinois, without respect to any party affiliations, do 

—24 



370 JOINT RESOLUTIONS. 



most heartily and cheerfully endorse the wise and able selection of 
Robert Todd Lincoln for minister to England. * 

Resolved, That the Secretary of State be and he is hereby in- 
structed to suitably engross and transmit to the Hon. James G. 
Blaine, Secretarj- of vState of the federal government, a copy of 
this preamble and resolution. 

Adopted by the senate March 28, 1889. 

Concurred in by the house, March 28, 1889. 



HON. ASA C. MATTHEWS FOR COMMISSIONER OF INTERNAL REVENUE. 

Whereas, The state of Illinois annually pays almost double 
the amount of internal taxes paid by any other State, and 
more than one-fifth of the aggregate amount paid hy the entire 
United States; and 

Whereas, The Hon. Asa C. Mathews, speaker of the house 
of representatives of the thirty-sixth general assembly, by his 
exemplary private life, his unquestioned integrity, and his strict 
devotion to duty in the discharge of every public trust confided 
to him by our people, is entitled to the well-wishes of every Illi- 
noisan, therefore be it 

Resolved, by the house of represent actives of the thirty-sixth 
general assembly of the state of Illinois, the senajte concurring 
therein, That our senators and representatives in congress be 
and are hereby requested to urge the appointment of the Hon. 
Asa C. Matthews to the position of commissioner of internal 
revenue under the present administration, in recognition of the 
great state of Illinois through a compliment worthily bestowed 
upon one of her most honored sons. 

Resolved, further. That the clerk of the house and the secre- 
tary of the senate be and are hereby directed to transmit to 
senators Shelby M. Cullom and Charles B. Farwell individual 
transcripts of these resolutions, requesting that they place the 
same before the president of the United States. 

Adopted by the house March 12, 1889. 

Concurred in bv the senate March 13, 1889. 



JOINT RESOLUTIONS. 371 



MEMORIAL SERVICES — HONS. ELIJAH M. HAINES AND JOHN J. TEEFEY. 

Resolved, by the house of representatives, the senate con- 
ciuTing, That a joint session of the two bodies comprising the 
general assembly be held on Sunday afternoon at 2 o'clock, 
May 26, in the hall of the house of representatives, to take the 
form of a memorial service in the honor ofHon.ElijahM. Haines 
and Hon. John J. Teefey, deceased members of this general 
assembly; also in honor of deceased members of former general 
assemblies. 

Resolved, That a committee, to consist of three members of 
the house and two members of the senate, to be appointed by 
the presiding officers of the respective bodies, have charge of 
the service, and prepare a programme suitable to the occasion. 

Adopted by the house, May 22, 1889. 

Concurred in by the senate, May 23, 1889. 



ILLINOIS MILITARY ACADEMY AT MORGAN PARK. 

Whereas, The advantage and importance to the State of a 
thoroughly educated and drilled militia was ainph^ demon- 
strated during the late war; and, 

Whereas, The teaching of military science and tactics to the 
young men of this State will materially aid in the instruction 
and efficiency of its militia; and. 

Whereas, The Illinois Military Academy at Morgan's Park 
is thorougly organized and equipped for its purpose, and has 
for its object such instruction in connection with a thorough 
academic education ; therefore be it 

Resolved, by the house of representatives, the senate concur- 
ring herein, that the Governor shall cause an annual inspection 
to be made of the discipline, courses of study and general man- 
agement of the institution; and further 

Resolved, That the graduates of the academy shall be eligible 
to appiontment as brevet second lieutenants in the state 
troops, and may be commissioned as such, and assigned to 
companies at the discretion of the Governor, upon the recom- 
mendation of the inspecting officer, not to exceed one to each 



372 JOINT RESOLUTIONS. 



company; and further, the Governor is authorized to appoint 
and commission the superintendent as colonel, and the mili- 
tary professor, quartermaster and surgeon each as major in 
the state troops; and further 

Resolved, That the Governor is authorized to appoint, each 
year, one cadet to the Illinois military academy, who shall, if 
found physically and mentally eligible, be educated by the 
academy without charge or expense to the said cadet or to 
the State; and provided always, that nothing in these resolu- 
tions shall at any time be construed as involving any liability, 
pecuniary or otherwise, to the State, or to warrant any ap- 
propriation by the State in aid of said institution. 

Adopted by the house May 3, 1889. 

Concurred in by the senate May 8, 1889. 



NORTHWESTERN MILITARY ACADEMY AT HIGHLAND PARK. 

Whereas, The advantage and importance to the State of a 
thoroughly educated and drilled militia was amply demonstrated 
in the late war; and 

Whereas, The teaching of military science and tactics to the 
young men of this State will materially aid in the instruction 
and efficiency of its militia; and 

Whereas, The northw^estern military academy at Highland 
Park is thoroughly organized and equipped for this purpose, 
and has for its object such instruction in connection wdth a 
thorough academic education; therefore be it 

Resolved, by the house of representatives, the senate con- 
curring herein, That the Governor shall cause an annual inspec- 
tion to be made of the discipline, courses of study and general 
management of the institution ; and further 

Resolved, That the graduates of the academy shall be 
eligible to appointment as brevet second lieutenants in the 
Illinois national guard, and may be commissioned as such, 
and assigned to companies at the discretion of the Governor, 
upon the recommendation of the inspecting officers, and of the 
commanding officer of the company to which any graduate 
may be assigned, not to exceed one to each company, and, 
further, the Governor is authorized to appoint and commission 



JOINT RE80LUTI0XH. 373 



the superintendent as colonel, and the military professor, quar- 
termaster and surgeon each as major in the Illinois national 
guard. 

Resolved, That the Governor is authorized to appoint each 
year one cadet to the northwestern military academy, who 
shall, if found physically eligible, be educated by the academy 
without charge or expense to the said cadet or to the State: 
And, provided always, that nothing in these resolutions shall 
at any time be constructed as involving any liability, pecuniar}^ 
or otherwise, to the State, or to warrant any appropriation by 
the State in aid of said institution. 

Adopted by the house May 10, 1889. 

Concurred in bv the senate Mav 13, 1889. 



PENITENTIARIES, MANAGEMENT. 

Whereas, There is a general desire that a reformatory prison 
be established in the state of Illinois; and, 

Whereas, The contracts for convict labor will soon expire, 
and cannot be renewed, and a large number of prisoners will be 
left without employment, to be supported hj the State in idle- 
ness and nt a great expense, unless some wise and just legisla- 
tion be enacted; therefore, 

Resolved, by the senate, the house of represent attves con- 
curring. That a committee of five be appointed, three by the 
speaker of the house and two by the president of the senate, 
to visit and investigate our own prisons and the prisons and 
prison systems of other States, and report to the next general 
assembly, recommending such a law as shall secure to us the 
best methods for the establishment of a reformatory, and for 
the general management of our penitentiaries, whenever the 
present contract system shall expire. 

That the members of said committee shall be paid their 
actual expenses while engaged in such service, out of the fund 
for committee expenses of the general assembl.y, on bills of 
particulars certified to by the chairman of said committee. 

Adopted by the senate May 27, 1889. 

Concurred in by the house of representatives May 27, 1889. 



374 JOINT RESOLUTIONS. 



PENSIONS TO SOLDIERS OF THE CIVIL WAR. 

Whereas, For many years a large and respectable class of the 
veterans of tlie war of 1861 to 1865, who have been unable to 
furnish a hospital record or other evidence of disability resulting 
from their long and faithful service in the cause of their country 
on the field of battle, many of whom after the lapse of a quarter 
of a century are needy and unable to obtain the necessaries of life 
to which as defenders of their country they are entitled and should 
receive without grudging; and. 

Whereas, We recognize the fact that under the present ad- 
ministration a more liberal and humane construction is being 
placed upon the invalid pension laws of the United States, 
therefore, be it 

Resolved, by the Senate, the House of Representatives, con- 
curring herein, That we heartily approve of, and favor the pass- 
age of what is known as the "service pension bill," thereby 
redeeming the pledge of 1888, "liberal pensions for soldiers." 
And we hereby most earnestly request our representatives in con- 
gress to exercise their influence and use their endeavors to 
secure the passage of the above measure. 

Adopted by the senate May 24, 1889. 

Concurred in by the house of representatives May 26, 1889. 



revenue, JOINT COMMITTEE. 

Resolved, by the house of representatives the senate con- 
curing herein. That a joint Qommittee on revenue be appointed, 
consisting of nineteen members, eleven members to be appointed 
by the speaker and eight by the Senate. 

Adopted by the house, March 2, 1889. 

Concurred in bv the senate March, 7, 1889. 



JOINT EESOLUTIONS. 375 



RIVEE IMPROVEMENT, DES PLAINES AND ILLINOIS. 

Whereas, The Illinois river, from LaSalle to Grafton, is the 
remnant of an ancient stream bed bordered by \Yide and low bot- 
tom land, much cut up by lake, bayou, and marsh; an alluvial 
stream of small, low water volume and sluggish current, with a 
declivity of only 26 feet in 225 miles, a declivity so small as 
to require a large volume of water to maintain an effective chan- 
nel; a stream which in its natural condition is able to maintain 
but a small depth through the deposits with which the tribu- 
taries constantly tend to choke the channel; a tendencv ever 
increasing with the inhabitation of the water-shed and the cul- 
tivation and reclamation of lands. 

Whereas, The erection of dams with a view to the creation 
of pools of slack water for the purpose of navigation, diminishes 
the scouring force of the current at medium and low stages and 
promotes channel decay, causes deposits in the mouths of 
tributaries and the more ready overflow of the bottom lands; 
and generally the tendency is to restore the natural channel of 
equilibrium at a higher level with great ultimate injury to the 
valley from overflow and unhealthfulness, a tendency already ex- 
hibited in a notable degree from the conditions created by the 
dams erected by the State at Henry and Copperas creek in 
1872 and 1877\-espectively. 

Whereas, The completion by the United States of the dams 
at LaGrange and Campsville Avill raise the general level of the 
river below Copperas creek by several feet and promote all 
those injurious tendencies to channel decay, with overflow and 
unhealthfulness already exhibited through the agency of the 
state works at Henry and Copperas creek. 

Whereas, The official report of the United States for 1868 
showed that it w^as practicable to obtain by dredging and a 
minimum low water volume at Peru of 38,000 cubic feet per 
minute, a channel for navigation of a width of 160 feet and a 
depth exceeding four feet, and the official report 'for 1880 showed 
that it was practicable to obtain a channel for navigation 200 
feet wide and six feet deep by dredging, and a minimum flow 
of 94,000 cubic feet per minute in the river below Copperas 
creek, and that the cost was not materially different from the 
cost of the improvement by locks and dams. 

Whereas, The present addition to the low Avater volume of 
the Illinois river through the summit level of the Illinois and 
Michigan canal from lake Michigan more than doubles the 
volume of water used in the estimate of 1868 for the channel 
below Peru and adds 50 per cent, to the volume used in the 
estimate of 1880 for the channel below Copperas creek and said 



376 JOINT RESOLUTIONS. 



contribution from lake Michigan will be increased in the im- 
mediate future thus enabling- the depth now projected for nav- 
igation below Peru to be obtained by channel improvement at 
moderate cost and with decided advantage to material inter- 
ests and to healthfulness along the valley. 

Whereas, It is contemplated to increase the volume from 
lake Michigan to 30 ).000 cubic feet per minute within a few 
years and ultimately to add 600,000 cubic feet or more, thus 
enabling a large depth for navigation to be obtained by an 
improved channel, and that said channel will be self-sustaining 
and self-improving and will discharge flood waters more readily 
thus benefitting the bordering lands and increasing the health- 
fulness of the valle3\ 

Whereas, W^orks now projected by the city of Chicago will 
form part of a ^vater-way of large proportions from lake Mich- 
igan via the DesPlaines and Illinois rivers to the Mississippi river, 
of which the dams and locks upon the alluvial section of the 
Illinois river can form no part and which, if allowed to remain, 
will increase the overflow and be detrimental to the welware of 
the Illinois vallev and the interests of the State. Therefore 
be it 

Resolved, by the senate the house of representatives, con- 
curring herein, 

1. That it is the policy of the state of Illinoiis to procure 
the construction of a water-way of the greatest practicable 
depth and usefulness foi' navigation from Lake Michigan via the 
DesPlaines and Illinois rivers, to the Mississippi river, and to 
encourage the construction of feeders thereto of like proportions 
and usefulness. 

2. That the United States is hereby requested to stop work 
upon the locks and dams at LaGrange at Campsville and to 
apply all funds available and future appropriations to the im- 
provement of the channel from LaSalle to the mouth with a 
view to such a depth as will be of present utility and in such 
manner as to develop progressivel.y all the depth practicable by 
the aid of a large water supply from lake Michigan at Chicago. 

3. That the United States is requested to aid in the con- 
struction of a channel not less than 160 feet wide and 22 feet 
deep with such a grade as to give a velocity of 3 miles per 
hour from lake Michigan at Chicago to lake Joliet, a pool of 
the DesPlaines river, immediately below Joliet, and to project 
a channel of similar ca]:)acity and not less than 14 feet deep 
from lake Joliet to LaSalle all to be designed in such manner 
as to permit future development to a greater capacity. 



Adopted by the house May 27, 18 9. 
Concurred in by the senate May 28, 1889. 



JOINT RESOLUTIONS. 377 



RULES, joint: appointment of committee. 

Resolved, by the house of representatives, the senate con- 
curring herein, That there shall be a joint committee consisting- 
of three from the house and two from the senate, to prepare 
and report joint rules for the reg^ulation and conduct of busi- 
ness between the two houses. 

Adopted by the house January 17, 1889. 

Concurred in by the senate January 18, 1889. 



SCHOOL LAWS, PRINTING. 

Resolved, by the senate of the state of Illinois, the house of 
representatives concurring herein. That the Superintendent of 
Public Instruction be authorized to secure from the Secretary of 
State a certified copy of the school laws, and cause twenty-five 
thousand (25,000) copies of the same to be printed in pamphlet 
form for distribution among the school officers of the State. 

Adopted by the senate May 27, 1889. 

Concurred in by the house of representatives May 27, 1889. 



UNITED STATES SENATOR, ELECTION OF. 

Resolved, by the senate, the house of representatives con- 
curring herein, That on Tuesday, the 22d day of January, 
iuvStant, at 11 o'clock A. M., each house shall by itself, and in 
the manner prescribed by sections 14 and 15 of the revised 
statutes of the United States, name a person for senator in 
congress of the United States, from the state of Illinois, for a 
term of six years from the 4th day of March A. D., 1889. And 
on Wednesday, the 23d day of January, instant, at 12 o'clock 
meridian, the members of the two houses shall convene in joint 
assembly in the hall of the house of representatives, and in the 
manner prescribed by law, declare the pei'son who has received 
a majority of the votes in each house, if any person has re- 
ceived such majority, duly elected senator to represent the state 
of Illinois in the congress of the United States for the term 
aforesaid; and if no one person has received such majority, 
then proceed as prescribed in said law in joint assembly, to 
choose a person for the purpose aforesaid. 

Adopted by the senate Januarj^ 21, 1889. 

Concurred in by the house of representatives January 22, 1889. 



378 JOINT RESOLUTIONS. 



STATE OFFICEES, NOTICE OF ELECTION. 

Resolved, by the house of representatives, the senate con- 
curring- herein. That a joint committee — three on the part of 
the house and two on the part of the senate — be appointed to 
wait on the Hon. Jos. W. Fifer, and inform him of his election 
to the office of Governor of this State ; and that the}^ also in- 
form the Hon. Lyman B. Ray of his election to the office of 
Lieutenant-Governor of this State, and invite them to meet 
the two houses at 2 o'clock on Monday, January 14, A. D. 
1889, for the purpose of taking- their oaths of office. 

Adopted by the house January-, 1889. 

Concurred in bv the senate Januarv 11, 1889. 



STATE TEEASURY, CONDITION OF. 

Whereas, Many appropriation bills are now being considered 
by the general assembly, upon which members cannot act 
advisably without further information, therefore, be it 

Resolved, by the senate, the house of representatives con- 
curring herein, that the finance committee of the senate and 
house are hereby instructed to ascertain and report as soon as 
practicable. 

First — The amount of money in the State treasury, and the 
condition as to security of the vaults and safes of the treasury. 

Second — The unexpended balance of existing appropriations. 

Third— An estimate of the probable amount of money required 
for all state purposes during the two vears commencing July 1, 
1889. 

Fourth — The estimated amount of state revenue to come into 
the treasury before the end of the current fiscal year. 

Adopted by the senate, March 8, 1889. 

Concurred in bv the house, March 21, 1889. 



JOINT RESOLUTIONS. 379 



HON. RICHARD W. TOWNSHEND, DEATH OF. 

Whereas, The sad intelligence comes from the capital of the 
nation that one of the representafives in congress from the state 
of Illinois has suddenly deceased, in the prime and vigor of man- 
hood; therefore be it 

Resolved, by the house of representatives, the senate con- 
curring' herein, That in the death of Richard W. Townshend, of 
Gallatin county, and member of congress from the nineteenth 
district of this State, the country has lost an able, well-tried 
and faithful representative; the people of the State a vigilant, 
watchful and eloquent champion, and his family a beloved 
husband and father; that in every relation of life as circuit 
clerk, state's attornej^, congressman and citizen, he was always 
true and honorable. 

Resolved, That these resolutions be engrossed and a copy 
transmitted to the family of the deceased. 

Adopted by the house, March 12, 1889. 

Concurred in by the senate, March 13, 1889. 



UNITED STATES OF AMERICA, I „„ 
State of Illinois. ) "-"• 

I, Isaac N. Peaeson, Secretary of State of the State of Illinois, do hereby certify that 
the foregoing Acts and Joint Resolutions of the Thirty-Sixth General Assembly of the 
State of IlUnois are true and correct copies of the original acts and joint resolutions now 
on file in the office of the Secretary of State, with the exception of words, letters and 
figures printed in brackets, thus: [ ]. 

In witness whereof, I have hereto set my hand and affixed the Great 
Seal of State, at Springfield, this 22d day of June, A. D. 1889. 
[seal.] I, N. PEARSON, 

Secretary of State, 



INDEX TO LAAVS. 



ANIMALS: 

Liens on get of sires 7 

Sheep, damages by dogs 4 

Splen:c fever, transportation 5 

Stockbreeder's, proter-tion of 7 

Texas fever, transportation 5 

ADMINISTEATION OF ESTATES: 

Claims, classification of 1 

ADJUTANT GENEEAL: 

Appropriation for office, 27 44 

ADULTERATIONS: 

Laid, penalties for Ill 

AGRICULTURE: 

Fairs, appropriations 12 

State and county boards, appropria- 
tions 12 

ALIENS: 

Employment in public service 2 

APPROPRIATIONS: 

Adjutant General, office, 27 44 

Agricultm-al boards 14 

Asylum for insane criminals, erec- 
tion 9 

Attorney- General, office, 26 44 

Auditor's office, 15 42 

Blind, institution for, ordinary ex- 
penses 15 

BoAEDS, State— 

Agriculture 12 

Equalization 43 

Fish Commission, 36 48 

Health, 37 48 

Labor statistics, 34 47 

Live Stock Commission, 35 47 

Bureau of labor statistics, 34 47 

Centeal Hospital foe the Insane— 

New building 26 

Ordinary expenses 15 

Repairs, improvements and paving. 15 

Chaeitable Institutions, State— 
Blind, repaii'S, improvements and 

buildings 14 

Feeble minded children, buildings 

and .improvements 21 

HosiAtals for the Insane— 

Central 15 

Eastern, repairs and improvements 19 

Northern 30 

Southern, buildings and grounds.... 52 

Ordinary expenses 15 

Soldiers,' Orphans' Home Buildings... 38 



page. 
APPROPRIATIONS-ConJinwed. 

Soldiers' and Sailors' Home build- 
ings and improvements 39 

Claims Commission, 29 45 

Conveying convicts to penitentiary 17 43 
Conveying offenders to Reform 

School, 19 43 

Copying, 13 42 

CouETS, Appellate— 

First District, furnishing rooms... 8 

Ordinary expenses, repairs and im- 
provements, 29 45 

Courts, Supreme, ordinary expenses, 

repairs and improvements, 29 45 

Dairymen's association 17 

Deaf and Dumb Institution— 

Improvements and paving 18 

Ordinary expenses 15 

Distribution of Sate documents. 13. 42 

Easteen Hospital foe Insane— 

Ordinary expenses 15 

Repairs and improvements 19 

Entomologist, State 31 

Executive Mansion, repairs 20 

Eye and Eae Infiemaey- 

Ordinary expenses 15 

Paving, repairs and furniture 19 

Feeble Minded Childeen— 

Buildings and improvements 21 

Ordinary expenses 15 

Fish -Commission, 36 48 

Fugitive-^ from Justice, 18 43 

Geneeal Assembly— 

Committees 37th, expenses, 39 48 

Incidental expenses 22 

Pay of employes 22 

Pay of officers and members 37th. 23 

Geological Museum, 30 46 

Governor's office, 1-5 40 

Gettysburg Monument 23 

Health, board of,37 48 

Heating Department, State House, 8 41 

Hoffman, T. A 24 

Horticultural Society 25 

Howett, Wm. A 28 

Interest on school fund, 24 44 

Laboratorv of Natui-al History 31 

Library, State, 10 42 

Library, State historical 199 

Lieutenant-Governor, 38 48 

Lighting State House, 9 42 

Lincoln Homestead 29 

Live Stock Commission, 35 47 

Logan Monument 29 

Myers, Mary Isabella 32 

National Guard, ordinary expenses 33 

NOEMAL UNIVEESITIES— 

Southern 55 

State 56,57 



382 



INDEX. 



PAGE. 

AFV'ROFB.IATIO'NS-C'ontmued. 

NoETHEEN Hospital for Insane: 

New buildings 26 

Ordinary expenses 15 

Repairs and improvements 30 

Oglesby, R. J., portrait 36 

Paper and stationery, 11 42 

Penitentiary, Joliet— 
Employment of convicts and ordi- 
nary expenses 34 

Library, 33 47 

Repairs and improvements 34 

Transfer of female prisoners from 

Chester 218 

Penitentiary, Southern— 

Library, 32 47 

Ordina' V expenses and repairs.... 35 

Public Charities, Board of, 28 45 

Printing, public, 12 42,50 

Railroad and Warehouse Commis- 
sioners, 31 46 

Reform school, ordinary expenses.. 15 

Revision of school law 52 

Rewards for criminals, 18 43 

Rice, John B 37 

Sa aries of State oflficers 23 

School fund for distribution, 25 44 

Secretary of State's office, 6-7 41 

Soldiers' Home, ordinary expenses.. 15 
Soldiers' and Sailors' Home, build- 
ings and improvements 39 

Soldiers' Orphans Home, ordinary 

expenses 15 

Soldiers' Orphans Home, buildings. 38 

Southern Hospital for Insane— 

Buildirgs and improvements 52 

New buildings 26 

Ordinar V expenses 15 

State Board of Equalization, 20 43 

State debt, payment of Internal 

Improvement bonds 49 

State Government— 

General Assembly 22, 23 

Ordinary and contingent ex- 
penses 39 

Printing 50 

Salaries of State officers 23 

State House and grounds, repairs 

and improvements 50 

State suits, 16 43 

superintendent of public in- 
struction— 

Office, 23 44 

Revision of school law 52 

Supreme Court reports, purchase 

of, 14 42 

Talbott, Harriet, A. C 35 

Taxes paid in error, 22 44 

Teefey, Mary J 53 

Treasurer's office, 21 43 

Universities— 

Illinois, ordinary expenses and 

taxes 54 

Southern Normal, ordinary ex- 
penses 55 

State Normal, ordinary ^xpenses.. 56 

State Normal, repairs and improve- 
ments 57 

ATTORNEY GENERAL: 

Appropriation for office, 26 44 

ATTORNEYS' FEES: 

Wages, in suits brought to recover.. 363 



PAGE. 

BANKS AND BANKING: 

Directors, qualifications 58 

State Banking System, Act 1887, 
amended 58 

BASTARDY: 

Act of 1^T2, section 9, amended 60 

Act of 1872, section 18 added 61 

BINDING, PUBLIC: 

State contracts, act of 1874 
amended 356 

BLIND: 

Appeopeiations— 

Ordinary expenses 15 

Repairs and improvements 14 

BOARDS, STATE: 
Appeopeiations- 

Agriculture 12 

Equalization, 20 43 

Fish Commissioners, 36 48 

Heath, 37 48 

Labor statistics, 34 47 

Live Stock Commissioners. 35 47 

Public charities, 28 45 

BOARDING HOUSES: 

Frauds upon 167 

BOILERS, STEAM: 

Explosions, to prevent by hcensing 
engineers 88 

BOND FUNDS: 

Township, surplus funds, how dis- 
posed of 357 

BRIDGES: 

Across navigable rivers. Act of 1872 
amended 62 

Across streams forming State bound- 
ary—free bridges exempt from 
taxe-; 63 

CEMETERIES: 

PeOTECTION and MANAGEMENT— 

Act of 1885, amended 63 

CHARITIES, STATE BOARD: 

Appropriations ,28 45 

CHARITABLE INSTITUTIONS, STATE: 
Appeopeiations— 

Asylum for insane criminals 9 

Blind, repairs and improvements.. 14 
Feeble minded child en, building 
and improvements 21 

Hospitals foe the Insane— 
Central, i epairs and improve- 
ments 15 

Eastern, repairs and improve- 
ments 19 

Noithern, repairs and improve- 
ments 30 

Northern, Trustees authorized to 

convey lands 65 

Southern, repairs and improve- 
ments 52 

New buildings 26 

Ordinary expenses of all institu- 
tions 



INDEX. 



383 



PAGE 

CHARITABLE INSTITUTIONS, STATE- 
Continued. 
So'diers' and Sailors' Home, build- 
ings 39 

Soldiers' Orphans' Home 38 

CHILDEEN : 

Abduction, penalties for 110 

CITIES, TOWNS AND VILLAGES: 
Alderman, sec. 2, art. 3, act 1872, 

amended 78 

Annexation, act providing for 66 

Chicago— 

Drainage and sewerage 125 

Soldiers' memorial hall, erection . 348 
CoLleges, occupation of vacated 

grounds 138 

Drainage and sewe age, sanitary 

districts 125 

Engineers in charge of stationary 

engines, licenses 88 

Election ot school officers under act 

1885, pay of judges and clerks 150 

Elections, town and city ballot boxes 359 
Eiremens' Pension fund, a&t 1887, 

amended 80 

Hospitals, public, appropriations for 167 
Libraries, under special charters. .. 198 
Pleasure driveways, to establish and 

maintain 83 

Presidents of boards of trustees, 

salaries 84 

Eoads, highways and bridges, taxes 

levied for 228 

Sale of real estate 85 

Sewerage fund tax, act 1883, amended 86 
Special assessments, act 1872, sec. 19, 

art. 9, amended 87 

Steam boilers, to prevent explosions 88 
Universities, occupation of vacated 

grounds 138 

CLAIMS COMMISSION: 

Act to establish and define its 
duties 89 

Appropriations, 29 45 

COLLEGES: 

Occupation of vacated public grounds 138 

Trustees, eligibility of 139 

CONTAGION: 

Splenic or "Texas" fever, transpor- 
tation of cattle 5 

COEN MEAL: 

Weight per bushel 362 

CORPORATIONS: 

Act of 1872— 

Section 5 amended 93^ 

Section 31 and 32 amended 91 

Building, loan and homestead, as- 
sociations, release of mortgages 
and trust deeds 98 

Changing Names, etc.— 
Objects, enlarging and changing, 

act 1872 amended 95 

Directors, increase of, act 1872 

amended 96 

Insukance— 

Accident companies 169 

Tornado and wind-storm com- 



page 
COEPOEATIONS-Con imMgr/. 

panics 190 

Township companies, extending 

charters 188 

Objects, changing and enlarging 95 

Proof of legal esisteuL-e 114 

Religious societies, real estate 94 

Service of process on receivers, act 

1887 amended 98 

Special charters, general law appli- 
cable 93 

Trust companies, act of 1887 amend- 
ed .■ 99 

CONVICTS: 

Appropriation for conveying to pen- 
itentiary, 17 43 

COPYING: 

Appropriation to pay contract, 13... 42 

COUNTIES: 

Commissioners, boards of, time of 
meeting 108 

Hospitals, pubUc, appropriations in 
aid of 167 

Supervisors, term of office 109 

COUETS, APPELLATE: 
Appropeiations— 
First district, furnishing rooms... 8 
Ordinary expenses of the several 

districts. 29 45 

Assignment of judges temporarily.. 102 

COUETS, CIECUIT: 

Terms, 6th circuit changed 103 

COUETS, CITY: 

Abolishing, act of 1874, sec. 19, 
amended 104 

COUETS, COUNTY: 
Teems Changed— 

Clark county 106 

Livingston county 106 

Logan county ■ 106 

Stephenson county 107 

COUETS OF EECOED: 

Shoet Cause Oalendae— 

Act to establish and regulate trials 
on 222 

COURT, SUPEEME: 

Appropriations, ordinary expenses, 
repairs and improvements, 29 45 

Eeports, appropriation for pm*- 
chase, 14 42 

Teems Changed— 

Northern gi-and division 107 

Southern grand division 107 

COUETS, UNITED STATES: 

Judgments, records in counties 197 

CEIMINALS: 

Insane, asylum for 9 

CEIMINAL CODE: 

Abduction of children, act of 1874 
amended 110 



384 



INDEX. 



PAGE 

CEIMINAL COBE-ContitMied. 

Corporations, proof of legal e>ist- 

ence 114 

Females, prostitution of, act of 18S7 

amended 112 

Habitual criminals, identiflcation ... 112 

Lard, adulteration of Ill 

Obscene and immoral publications 

to minors 114 

Preliminary tiials before justices, 

transcripts 198 

Raili-oads, removal of bearings and 

fixtures 115 

DAIRYMEN'S ASSOCIATION: 

Appropriation 17 

DAMAGES: 

Sheep by dogs 4 

DEAF AND DUMB INSTITUTION: 
Appeopeiations— 
Improvement of grounds and pav- 
ing 18 

Ordinary expenses 15 

DOCUMENTS, STATE: 

Appropriation for distribution, 13 42 

DOGSr 

Damages to sheep 4 

DRAINAGE: 

Dissolution of districts 117 

Ditches constructed by mutual 
agreement legaUzed 116 

Faem— 
Act of 1885, section 42, amended... 118 
Act of 1885 amended, section 47^^ 
added 119 

Levees— 
Act of 1879, section 38, amended... 121 
Act of 1879, section 57, amended... 123 
Contracts with railroad companies 
and right of way 124 

DRAINAGE AND SEWERAGE: 

Sanitary districts, act to create 125 

EATING HOUSES: 

Frauds upon , 167 

EDUCATIONAL INSTITUTIONS: 

Occupation of public ground vacated 

for that purpose 138 

Trustees, eligibility of 139 

ELECTIONS: 

Judges and clerks, pay of, at school 
elections in cities 150 

Primary, act regulating 140 

Returns, act of 1872, section 62 as 
amended 1885, amended 149 

Town, ballot boxes, city and town 
consolidated 359 

EMPLOYER AND EMPLOYE: 

Ahens 2 

ENGINEERS: 

Stationary engines, licensing 88 



ENTOMOLOGIST, STATE: 

Appropriation 31 

EXECUTIVE MANSION: 

Appropriation for repairs 20 

EXEMPTIONS: 

Homestead, appraisement, act of 1873, 
section 10, amended 151 

EXPLOSIVES: 

Manufacture, act of 1887, section 4, 
amended 1.52 

EYE AND EAR INFIRMARY: 
Appeopeiations— 

Ordinary expenses 15 

Paving, repars and furniture 19 

FEEBLE-MINDED CHILDREN: 
Appeopeiations— 

Ordinary expenses 15 

Repairs and improvements 21 

FEES AND SALARIES: 

Justices' courts in preliminary trials. 198 
Presidents of boards of trustees, 

salary 84 

State's attorneys, act of 1872, section 

8, amended 153 

Witness fees, act of 1872, section 49, 

amended 155 

FEMALES: 

Prostitution of, act of 1887, section 
3, amended 112 

FENCES: 

Division, hedges, act of 1874, section 

3, amended 155 

Hedges along highways, act of 1883, 

amended 156 

FIREMEN'S PENSION FUNDS: 

Act of 1887, amended 80 

FISH COMMISSIONERS: 

Appropriation, 36 48 

FISH AND GAME: 

Fish— 

Act of 1887, amended 158 

Game— 

Act of 1879, sections 1, 2 and 6, 
amended 162 

FLOUR: 

Weight of barrel 362 

FUGITIVES FROM JUSTICE: 

Appropriation for return, 18 43 

GENERAL ASSEMBLY: 
Appeopeiations— 

Committees 37th. expenses, 39 48 

Incidental expenses 22 

Pay of employes 22 

Pay of officers and members 37th. 23 

GETTYSBURG MONUMENT: 

Appropriation 23 



INDEX. 



385 



PAGE 

> GEOLOGICAL MUSEUM: 

Appropriation, 30 46 

GOVEENOE: 

Appropriation, 1-5 40 

GUAEDIANS AND WAEDS: 

County guardians, appointment — 165 
Unclaimed moneys, how disposed of. 166 

HEALTH, STATE BOAED: 

Appropriation, 37 48 

HEDGES: 

Division fences, act of 1874, secton 3, 

amended 155 

Fences along highways, act of 1883, 

amended 156 

HOMESTEADS: 

Exemptions, appraisement, act of 
1873, section 10, amended 151 

HOETICULTUEAL SOCIETY: 

Appropriation 25 

HOSPITAL FOE INSANE: 

Northern, trustees authorized to 
sell land 65 

HOSPirALS, PUBLIC: 

Contributions to support of 167 

HOTELS: 

Frauds upon 167 

HOWETT, WM. A.: 

Appropriation 28 

INSANE: 

Appkopeiations— 
Asylum for criminals 9 

Hospitals for— 

Ordinary expenses 15 

New buildings 26 

Central Hospital 15 

Eastern Hospital, repairs and im- 
provements 19 

Northern Hospital, repairs and 
improvements - 20 

INSUEANCE: 

Accident, act to incorporate and form 
companies 169 

Fire— 

Act of 1869, amended 175 

Mutual companies, act of 1869, 
amended 175 

Live Stock;— 
Mutual companies, a«t of 1887, sec- 
tions 3 and 12, amended 189 

TOENADO AND WIND-STOEM— 

Act to incorporate and regulate 
companies 190 

Township— 

Act of 1874, section 1, amended 187 

Extension of charters, act of 1874, 
section 18, amended 188 



PAGE 

JUDGMENTS AND EXECUTIONS: 
Justices' com-ts, issue of executions, 

limitations 194 

Liens, limitations 195 

Eedemption of real estate, taxes ... 196 
Transcript .of record to other 

counties 195 

United States courts, record in 

counties 197 

JUSTICES AND CONSTABLES: 

Judgments, issue of execution, hmi- 

tation 194 

Transcript of record and fees in 
preUminary trials 198 

JUVENILE OFFENDEES: 

Appropriation for conveying to re- 
form school,19 43 

LAED: 

Adulterated, labehng Ill 

LABOE: 

Alien, employment in the public ser- 
vice 2 

LABOEATOEY OF NATUEAL HIS- 
TOEY: 
Appropriation 31 

LIBEAEIES, PUBLIC: 

Cities, towns and villages under 

special charters 198 

lUinois State historical, established. 199 

LIBEAEIES, STATE: 
Appeopeiations— 
Historical, support of 199 

Miscellaneous, salaries and books. 42 

LICENSES: 

Marriages, consent of parent or 
guardian 201 

LIENS: 

Transcripts of record to other 

counties 195 

Li mitations 195 

btock breeders, get of sires 7 

LIEUTENANT GOVEENOE: 

Appropriation, postage, 38 48 

LINCOLN HOMESTEAD: 

Appropriation for salary of custo- 
dian and repairs 29 

LIVE STOCK COMMISSION: 

Appropriation, 35 47 

LOGAN MONUMENT: 

Appropriation 29 

MAEEIAGES: 

Licenses to minors, proof of con- 
sent of parent or guardian 201 

MEMOEIAL HALLS: 

Soldiers', Chicago, erection of 348 



—25 



386 



INDEX. 



PAGE 

MINES AND MINING: 

Health and Saeett or Miners: 

Act of 1879, amended 202 

Escapement shafts, § 3 204 

Maps, plans and surveys, § 1 202 

Shafts, roadways, gangways, etc., 

protection, § 8 207 

Steam boilers, examination, §8 207 

Ventilation of mines, § 4 205 

MORTGAGES: 

Chattle, foreclosure 208 

MYEES, MAEY ISABELLA: 

Appropriation 32 

NATIONAL GUAED: 

Appropriation, ordinary expenses.. 33 

NEWSPAPEES: 

Obscene and immoral publications 
to minors 114 

OGLESBY. EICHAED J.: 

Appropriation for portrait of 36 

PAPEE AND STATIONEEY: 

Appropriations 42 

PARKS: 

Deiveways— 

Extension in adjoining towns 209 

Lake shore, extension of 212 

Streets leading to parks, improve- 
ment, taxes m installments 211 

Lincoln, title to submerged lands in 
Lake Michigan 214 

PARTITION: 

Costs, act of 1874, section 40, amended 214 
Report of sale, act of 1874, sections 

29 and 31, amended 215 

Unknown heirs, act of 187J, sections 

36 and 37, amended 213 

PAUPERS: 

Residence, act of 1874, section 16, 
amended .217 

PENITENTIARIES: 

Appeopeiations— 

Joliet— 

Employment of convicts and ordi- 
nary expenses 34 

Pemale prisoners, transfer from 

Chester 218 

Library, 33 47 

Eepairs and improvements 34 

Southern— 

Library, 32 47 

Ordinary expenses 35 

Commissioners, plans lor asylum 
for insane criminals 9 

Female Peisonees— 

Sentence to, and confinement at 

Joliet 218 

Transfer from Chester to JoUet. 218 
Insane criminals, asylum foi- 9 

PENSIONS : 

Firemen, in cities and villages, act 
1887, amended 80 



PAGE 

PHAEMACY: 

Practice, act of 1881, amended 219 

PEACTICE: 

Attorneys' fee in suits for wages. .. 363 
Short cause calendar, act to estab- 
lish and regulate trials on 222 

Wages, attorneys fee in suits for. .. 363 

FEINTING, PUBLIC: 

Appropriations, 12 42.50 

State contracts, act 1874, amended... 350 

PROCESS: 

Service on receivers, act of 1887 
amended 98 

RAILROADS: 

Crossings, act to regulate location 

and construction 223 

Drainage, contra ts for construction 

of levees and right of way 124 

Drawback checks, redemption of 225 

Fencing and operating, act of 1874, 

section 31 amended .\ 224 

Passengers, removal from car or 

train 224 

Removal of bearings and fixtures to 

rolling stock, penalties 115 

Transportation of cattle having 

splenic or "Texas" fever 5 

RAILROAD AND WAREHOUSE COM- 
MISSIONERS: 

ApiTopriations, 31 46 

Railroad crossings, location and 
construction 223 

REAL ESTATE: 

Eedemption from sale on execution, 

taxes 196 

Saie of by cities, towns and villages 85 

EECEIVEES OF CORPORATIONS: 

Service of process, act > f 1887 

amended 98 

REFORM SCHOOL: 

Appropriation, ordinary expenses.. 15 
RELIGIOUS SOCIETIES: 

Real estate, limitation and taxation 94 
RESOLUTIONS: 

Joint, senate and house 365 

REVENUE: 

Tax levy for State purposes 226 

REWARDS: 

Appropriations for arrest of 
criminals, 18 43 

RICE, JOHN B: 

Appropriation 37 

RIVERS: 

Des Plainbs— 

Improvement 227 

Removal of obstructions 125 

Illinois— 

Improvement ceded to United 
States on certain conditions 227 

Locks and dams, act of 1887 ced- 
ing to the United States, 
repealed 227 

Removal of obstructions 125 



INDEX. 



38' 



PAGE 

EOADS, HIGHWAYS AND BRIDGES: 

Counties Undee Township Oe- 
ganization— 

Act of 1883. section 74, amend'^n... 229 
Taxes in cities, town and villages, 
act of 1883, section 16 amended 227 

Counties Not Undee Township 
Oeganization— 
Act of 1887 amended 231 

SANITAEY DISTICTS: 

Drainage and sewerage, act to 
create 125 

SCHOOLS: 

Act revising and amending laws 239 

Act of 1889, revising and amending 
laws, amended 345 

Act Eevising— 

Art. 1, see's. 1-G, duties of State 
superintendent 256-260 

Art. 2, see's. 1-23, duties of county 
^ super'ntendent 260-267 

Art. 3, sef»'s. 1-69, duties of trus- 
tees ; townships 268-285 

Art. 4, spc's. 1-22, duties of 
township treasurer 285-294 

Art. 5, see's 1-36 duties of boards 
of directors 295-302 

Art. 5, sec 1. amended 345 

Art. 6, see's. 1-28, boards of educa- 
tion 302-309 

Art. 7, see's. 1-17, t-acher= 310-316 

Art. 8, see's. 1-13, revenue and 
taxation ■ 316-319 

Art. 9, seo's. 1-7 issue of bond^.. 319-321 

Art. 10. see's, 1-7, duties of countv 
clerks 322, 323 

Art. 11, see's. 1-3, duties of county 
boards 324, 325 

Art. 12, see's. 1-10, school funds..325-328 

Art. 13, serf's. 1-27, school lands.. 328-335 

Art. 14, see's. 1-6, fines and for- 
feitures 335-337 

Art. 15, see's-. 1-14, liability of 
se'^ool officers ....337-341 

Art. 16, see's. 1-13, miscellaneous 

provisions 341-344 

Alcoholic stimulants and narcotics, 
study of effects 345 

Boards oe Education and Dieect- 
oes in Cities— 
Member at large, appt. act 1879, 

amended 235 

Presidents of boards, act 1879, 

amended 235 

Secretaries, election of 235 

Compulsory attendance, act con- 
cerning 237 

Election of officers in cities, under 

act 1885 150 

Physiology and Hygiene, study 
of 345 

SCHOOL EUND: 
Appeopeiations— 
For distribution to counties, 25„.. 44 

Eor payment of interest, 24 44 

Tax levy for State purposes in 
lieu of 2 mill tax 226 

SECRETARY OF STATE: 
Appeopeiations— 

For olHee expenses, 6 41 

State House and grounds, repairs 
and improvements 50 



PAGE. 

SERVICE OE PROCESS: 

Receivers of corporations, act 1887 
amended 98 

SEWERAGE: 

Sanitary districts, act to create 125 

SHEEP: 

Damages by dogs 4 

SOLDIERS' HOME, CHICAGO: 

Memorial hall, erection of 348 

SOLDIERS' MEMORIAL HALL: 

Erection in Chicago 348 

SOLDIERS' AND SAILORS' HOME: 
Admission of members, act of 1885, 

amended 346 

Appeopeiations— 

Ordinary expenses 15 

Repairs and improvements 39 

Moneys appropriated by the U. S. 
in aid of 347 

SOLDIERS' ORPHANS' HOME: 
Appeopeiations— 

Ordinary expenses 15 

Repairs and improvements 38 

STATES' ATTORNEYS: 

Fees, act of 1872, sections, amended.. 153 

STATE CONTRACTS: 

Printing and binding, act of 1874, 
amended 350 

STATE DEBT: 

Appropriation for pavment of in- 
ternal improvement bonds 49 

STATE GOVERNMENT: 

Appeopeiations: - ' 

General Assembly, 22 ^ . . 23 

Oidinary and contingent expenses 39 

Printing, deficiency 50 

Salaries of State officers 23 

STATE HISTORICAL LIBRARY: ' 

Act to establish and govern 199 

STATE HOUSE: 
Appeopeiations— 

Heating department, 8 41 

Lighting,9 42 

Repairs, and improvement of 
grounds 50 

STATE OFFICERS: 

Appropriation for salaries 23 

STATE SUITS: 

Appropriations for, 16 43 

STOCK BREEDERS: 

Protection of, Uens on get of sires.. 7 

STOCK YARDS: 

Receiving cattle affected by splenic 
or "Texas" fever 5 

SUPT. OF PULIC INTSTRUCTION: 
Appeopeiations— 

Eor office expenses, 23 44 

Eor expenses in revising school 
law 52 



388 



INDEX. 



PA 

SUPERVISORS: 

Township, term of office 

TAXES: 

Paid in error, appr. for rebate, 22. 

Payment by purchaser of real 

estate sold on execution 

TALBOTT, HARRIET A. C: 

Appropriation 

TEEFEY. MARY J.: 

Appropriation 


GE. 

109 

44 
19G 

32 

53 

359 


PAGE. 

TREASURER, STATE: 

Appropriations for office 21; 4:^ 


TRUST COMPANIES: 

Act of 1887, amended.. t 

UNITED STATES: 
Illinois Rivee Improvements— 
Act ceding on i-ertain conditions ... 
Act of 1887, ceding, repealed 

UNIVERSITIES: 
Appeopeiations— 
Illinois, ordinary expenses, taxes 

and repairs 

State Normal, ordinary expenses.. 
State Normal, repairs and improve- 
ments 

Southern Normal, ordinary expenses 
Occupation of grounds vaeaied for 

use of 

Trustees, eligibility 

WAGES: 

Attorney's fee in suits for 

WEIGHTS AND MEASURES: 

Flour, per barr 1, act 1874, amended 
Corn meal, per bushel, act 1874, 


99 

227 
227 


TOWNSHIP ORGANIZATION: 

Elections, ballot boxes at city and 
town 


54 
56 


New towns, organization 


361 

357 
361 

5 

166 

375 
216 




TOWNSHIPS: 

Bond funds, surplus money, how 
disposed of 


1 


New, organization 

TRANSPORTATION COMPANIES: 
Prohibited from transporting cattle 
affected with Texas fever 


363 


TREASURER, COUNTY: 

Guardians and Wards, unclaimed 
moneys 

Township bond funds, surplus mon- 
eys, how disposed of 

Unknown heirs fund, deposit 


362 
Sfi" 


WITNESSES: 

Fees in county courts, act 1872, sec. 
49, amended 


155 



. INDEX TO JOINT RESOLUTIONS. 



Adjournments 365,366 

Beef, inspection and transportation 366 

Binding twine, manufacture 366 

Black Hawk War, pensions 867 

Canal, lake Superior and lake Michigan 367 

Election returns for state officers, canvass 368 

Governor s messages, printing 368,369 

Haines, Elijah M., memorial services 371 

IlUnois Military Academy 371 

Lincoln, Robt. T 369 

Matthews, Asa C 370 

Memorial services, Haines and Teefey 372 

Northwestern Military Academy 372 

Penitentiaries, management 373 

Pensions, service pension bill 374 

Revenue, joint committee 374 

River improvement, DesPlaines and IDinois 375 

Rules, joint 377 

School law, printing 377 

State oiiflcers elect, notice 378 

Teefey, John J., memorial services 371 

Townshend, Richard W., death of 379 

Treasury, State, condition of 378 



prr