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WESTERN ILLINOIS UNIVERSITY LIBRARY
3 1711 006117910
Digitized by tlie Internet Arcliive
in 2011 witli funding from
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.
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John Smith
10
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Isaac Meisler
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Sarah Danforth
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TWarv N^WTifir
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Grand total No. of days
64
Number of scholars
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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
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