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LAWS
OF THE
STATE OF ILLINOIS
ENACTED B\ THE
FORTIETH GENERAL ASSEMBLY
AT THE REGULAR BIENNIAL SESSION,
Begun and held at the Capitol, in the City of Springfield, on the
6th day of January, A. D. 1897, and adjourned sine die
on the 4th day of June, A. D. 1897.
Printed by Authority of the General Assembly
or the State of Illinois.
SPRINGFIELD. ILL.:
Phillips Bkos., State Printers.
1897.
Digitized by tine Internet Arciiive
in 2011 with funding from
CARLI: Consortium of Academic and Research Libraries in Illinois
http://www.archive.org/details/lawsofstateofill1897illi
TABLE OF CONTENTS.
ADMINISTRATION OF ESTATES:
An act to amend an act entitled "An act in regard to the administration of estates,"
approved April 1, 1872, in force July 1, 1872.. 1
An act to amend section 75 of an act entitled "An act in regard to the administra-
tion of estates." 2
AGRICULTURE AND HORTICULTURE:
An act to regulate the manufacture and sale of substitutes for butter 3
ALIENS:
An act concerjiing aliens, and to regulate their right to hold r-al and personal es-
tate and to ratify and confirm titles derived through and under aliens, and ro pro
tect the titles of citizens from forfeiture and to limit the time for recovery of
land derived by citizens through or under aliens 5
ANIMALS:
An act to amend sections 5 and 6 of "An act to indemnify the owners of sheep in
cases of damage committed by dogs." 8
APPROPRIATIONS:
An act making appropriation for the Incurable Insane Hospital at BartonvlUe,
Peoria county, Illinois 9
An act to provide for casual deficits or failures in revenues 11
An act to appropriate money to pay Catherine Cutting for damages allowed her
against the State of Illinois by the Commission of Claims 12
An act to establish a chemical survey of the waters of the State of Illinois 12
An act authorizing the appointment of a commission to ascertain and mark the
positions occupied by Illinois troops in the battle of Shiloh, and to make an ap-
propriation to pay the personal expenses of the commission 13
, An act making an appropriation in aid of the Illinois Dairymen's Association 14
An act to provide for the payment of damages to land sustained by the owner
thereof by tiie construction of a dam on the Illinois river, near Henry, in Mar-
shall county, Illinois 14
An act making an appropriation for the relief of D. Vance 15
An act making appropriation for the Eastern Illinois State Normal School 15
An act to repair and improve the Executive Mansion and to repair the sidewalks
around the same 16
An act making appropriation for the Illinois Farmers' Institute and County Farm-
ers' Institute 18
An act to grant indemnity and relief and to make appropriations for the payment,
of claim of Frederick Klor 19
An act appropriating $31,000 for the purpose of furnishing and caring for the Me-
morial Hall constructed in the public library buil'ing in the city of Chicago 20
An act to make an appropriation for the payment of the expenses of the commit-
tees of the 40th General Assembly 21
An act to make an appropriation for the payment of the expenses of the commit-
tees of the 40th General Assembly _. 22
An act making appropriation for the payment of the employes of the 40th General
Assembly 23
An act making appropriation for the payment of the employes of the 40th General
Assembly 23
An act making- appropriation for the payment of the employes of the 40th General
Assembly 24
IV CONTENTS.
Page.
APPHOPRlATlO-NS-Confiuued:
An act to provide for the incidental expenses of the 40th General Assembly of the
Sttite of Illinois, and care and custody of the State House and grounds incurred
find now unprovided for 24
An act to provide for the incidental expenses of the Fortieth General Assembly of
the State of Illinois, and for the care and custody of the State House and grounds
incurred or to be incurred, and now unprovided for 25
An act making- an appropriation for the necessary and extraordinary re ^airs and
protection of the Illinois and alichigan canal 26
An act legalizing the Illinois State Poultry Association, to define certain duties of
s lid association, to make an appropriation therefor 27
An act making appropriations for the Illinois Industrial Home for the Blind of
Chicago 28
An act to amend an act entitled "An act to provide for the erection of monuments
to mark the positions occupied by Illinois volunteers in the battles of Chicka-
niauga, Georgia. Lookout Mountain and Missionary Ridge, Tennessee," ap-
proved May 22, 1895, by adding another section thereto .■ 29
An act to appropriate money to pay for services rendei-ed ^the State of Illinois
ill the ease of Catherine Cutting against the State of Illinois before the Commis-
sion of Claims 30
An net to pay balance of the salary of Hon. Albert W. Wells to his widow, Mrs.
Albert W. Wells , 30
An act for an appropriation for the purpose of paying certain claims to the widow
of the late William Mc Adams, for services rendered the World's Fair 31
An act making an appropriation for the Illinois National Guard 31
An act to provide for the ordinary and contingent expenses of the Illinois National
Guard and the improvement and repair of the rifle ranges of the Illinois National
Guard 32
An act making an appropriation for payment of expenses of forming parade
grounds and erecting an armory for the use of those organizations of the Illinois
Nat onal Guard stationed in the city of Chicago 32
An act making appropriation for the Nortbern State Normal School 34
An act mMking an appropriation for the painting of a portrait of ex-Governor John
P. Altgeld 35
An act making an appropriation for the painting and repairing of Supreme Court
build ng in the city of Mt. Vernon 35
An act maki g appropriations for the Illinois State Penitentiary at Joliet for the
two years beginning -July 1, 1897, and ending -July 1, 1899 36
An act to provide for a deficiency in the ordinary expenses of the Southern Illinois
Penitentiary a d tor the repairs of buildings dam ged by fire 37
An act making an appropriation for the Southern Illinois Penitentiary, and to
enable the commissioners thereof to keep employed the convicts now id;e or
without profitable employment in said penitentiary 37
An act to provide for a deficiency in the expenses of the office of the Board of Rail-
road and Warehouse Commissioners for the fiscal year ending .lune 30, A. D.
1897 39
An act making appropriations for the Soldiers' Widows' Home for the two years
beginning July 1. 1897, and ending July 1, 1899 39
An act making appropriations for the State Board of Agriculture and county and
agricultural fairs 40
An act making appropriations for the State Board of Agriculture, to be used in the
construction of permanent buildings and improvements, and for beatttif ying the
State fair grounds at Springfield' Illinois 42
An act making appropriations for the State Board of Arbitration • 43
An act to appropriate money to pay deficiency in the expenses of the State Board
of Equalization 43
An act to appropriate money to pay a deficiency in the expenses of the State Bu-
reau of Labor Statistics 44
An act making appropriations for the ordinary expenses of the State institutions
herein named ; 44
An act making appropriations to the State institutions herein named 44
An act making an appropriation for the payment of the officers, members and em-
ployes of the next General Assembly, and for the salaries of the officers of the
Stat • government 50
An act to provide for the ordinary and contingent expenses of the State govern-
ment until the expiration of the fiscal quarter after the adjournment of the next
regular session of the General Assembly 50
An act to provide for the ordinary and contingent expenses of the State govern-
ment, incurred or to be incurred and now unprovided for, until the 1st day of
July, A. D. 1897 62
An act making an appropriation in aid of the Illinois State Horticultural Society 64
Au act making appropriation for ordinary expenses of the State Laboratory of Nat-
ural History, tor the improvement of t;,e library thereof, and for the expenses of
the State Entomologist's oiiice 65
An act to appropriate two hundred and ninety-three dollars and forty cents ($293.40)
to pay the State's Attorney of Mason county, Illinois, from April 1,1895, to Decem-
ber 25, 1895 65
An act making appropriations f r the construction and equipment of new cell-house
at the Illinois State Reformatory at Pontiac 66
CONTENTS.
Page.
An act makina' appropriations for the Illinois State Reformatory at Pontiac for the
two years beginning July 1,1897, and ending July 1,1899, and provide for a defli-
cieney 67
An act making appropriations for the construction and equipment of a new cell-
house at the Illinois State reformatory at Pontiac 68
An act for the participation of the State of Illinois n the Tennessee centennial and
international exposition 68
An act to provide for the participation of the State of Illinois in the trans-Misis-
sippi and international exposition to be held at Omaha in the year 1898, and muk-
ing an appropriation therefor 69
An act to make appropriation to the University of Illinois to reimburse the funds
appropriated for current expenses to the extent of the amount used therefrom to
temporarily repair the chemical laboratory, injured by fire Au.gu^t 16, 1896
An act to make appropriations for the University of Illinois, and pi-oviding for the
management of the funds of said University, and for protecting the interests
of the State in connection therewith 72
An act making appropriation for the University of Illinois 75
An act appropriating to the University of Illinois the money granted in an act of
Congress approved August 30, 1890, entitled "An act to apply a portion of the pro-
ceeds of the public lands to the more perfect endowment and support of the col-
leges for the benefit of agriculture and the mechanic arts, established under the
provisions of an act of Ccmgress approved July 2,1862" 76
An act to make an approp iation for the ordinary expenses of the Southern Illinois
Normal University at Carbondale 77
An act to make an appropriation to equip and furnish properly the new library,
museum, laboratory and gymnasium building of the Southern Illinois Normal
University at Carbondale, Illinois 77
An act to make an appropriation for the ordinary expenses of the Southei-n Illinois
Normal University at Carbondale '78
An act to make a'l appropriation for the ordinary --nd other expenses of the Illinois
State Normal University at -Tormal, Illinois, and for the completion and equip-
ment of its gymnasium bitilciing 79
An act making appropriation for the Illinois Western H'lspital for the Insane at
Rock Island, 111 80
An act for the relief of private Valentine Pitzpatrick 80
An act making appropriation for the Illinois Western Hospital for the Insane, at
Rock Island, 111 , 81
ARCHITECTS:
An act to provide for the licensing of architects and regulating the practice of
architecture as a profession 81
ASSIGNMENT FOR CREDITORS:
An act to add sections 16 and 17 to an act entitled "Ati act concerning voluntary
assignments and conferring jurisdiction therein upon county courts," approved
May 22, 1877, in force July 1, 1877 86
BANKS AND- BANKING:
An act to amend section 10 of an act entitled "An concerning corporations with
.banking powers." approved June 16, 1887, adopted by the people at an election
held November 6, 1888, and proclaimed in force by the Governor December 6,
1888 87
CHARITIES:
An act to amend an act to regulate the State Charitable institutions and th^ State
Reform School and to improve their organization and increase their efSciency 89
CHILDREN:
An act to regulate the employment of children in the State of Illinois and to pro-
vide for the enforcement taereof 90
VI CONTENS.
Page.
CITIES, VILLAGES AND TOWNS:
An act to amend an act entititled "An act to enable cities and villaeres to build,
acquire and maintain bridges and ferries outside of their corporate limits and to
control the same," approved and in ferce May 5. 1879, as amended by an act ap-
proved June 16, 1891 92
An act to amend an act in regard to the assessment and collection of municipal
taxes, approved May 2'i, 1877 93
An act to amend an act entitled "An act to regulate the civil service in cities,"
approved March 20, 1895 93
An act to amend an act to provide for the incorporation of cities and villages 94
An act to authorize cities of a certain class to make contracts for a period exceed-
ing one year relating to the collection and final disposition of garbage 95
An act in relation to the election of aldermen in cities under the minority repre-
sentation plan 95
An act empowering the fire inspector in cities of 500,000 and over to investiga e
the cause, origin and circumstances of fires, and to examine persons binder oath
in reference to the origin of fire 96
An act to authorize cities to establish houses of correction outside of the corporate
limits and authorize the confinement of convicted persons therein 97
An act to legalize certain elections held under an act to provide for the incorpora-
tion of cities and towns 98
An act providing that cities, villages and incorporated towns now under special
charters, having a special prohibitory license clause therein, may reorganize
under the general law and retain such prohibitory license clause by making the
same a public act by a majority vote at the election for such organization 99
An act to provide for the appointment of police matrons in cities having 16,000 in-
habitants or more 99
An act to regulate the granting of rights and special privileges for lighting pur-
poses by cities, villages and incorparated towns 100
An act concerning local improvements 102
An act to give comp mies leasing, operating or controlling bridges connecting
cities, towns or villages in this State with cities, towns or villages in adjoining
states power to lease, own, construct and operate street railways over such
bridge and in adjoining counties and acquire stock in and guarantee bonds of
such street railways 136
An act to enable cities, villages and towns threatened with overflows or inunda-
tions to levy taxes by vote of the electors thereof in excess of two per cent, to
strengthen, build, raise or repair the levees around the same, and to issue antici-
pation warrants on such taxes 136-
CIVIL RIGHTS. ■
An act to amend an act entitled "An act to protect all citizens in their civil and
legal rights, and fixing a penalty for violation of same" 137
COCAINE:
An act for the regulation of the sale of cocaine, and of preparations consisting of
cocaine r. 138
CONVEYANCES:
An act concerning land titles 141
CORPORATIONS:
An act to amend an act entitled "An act to enable association* of persons to be-
come a body corporate, to raise funds to be loaned only among the members of
such associations," in force July 1.1879; as amended by acts approved Jime 17,
1887, in force July 1,1887; June 19,1891, in force July 1,1891; June 19,1893, in force
July 1, 1893 165
An act to require every foreign corporation doing business in this State to have a
public office or place in this State at which to transact its business, subjecting it
to a certain condition and requii-ing it to file its articles or cha tcr nf incorpora-
tion with the Secretary nf State, and to pay certain taxes and fees Thereon 174
An act to enable corporations in other states and countries to lend money in Illi-
nois, to enforce their securities and acquit e title to real estate as security 176
An act in relation to gas companies 177
An act to increase the fee for incorporating societies, corporations and associations
not for pecuniary profit, and issuing commissions to notaries public 181
An act to amend an act entitled "An act to enable corporations created for that ptir-
pose to Transact a surety btisiness in this State and to become the surety on bonds
required by law," approved May 13, 1887. in force July 1, 1887 182
An act to amend section six of an act entitled "An act to amend sections 1. 2, 6 and
16 of an act entitled 'An act to provide for and i-egulate the administration of
trusts by trust companies' " 184
CONTENTS. VII
Page.
COURTS, APPELLATE:
An act to amend an act to establish Appellate Coui'ts 185
COURTS, CIRCUIT:
An act to divide the State of Illinois, exclusive of the county of Cook, into judicial
circuits 188
An act to legalize the judicial proceedings of the March terms, A. D. 1896 and 1897,
of the Clay county circuit court 189
An act to amend section 2 of an act entitled "An act conceriiiug circuit cotii-ts andt>
fix the time of holding' the same in ^e several counties in the judicial circuits in
the State of Illinois, exclusive of Cook county" 190
An act to amend an act concerning: circuit courts ard to tix the time for holding the
same in the several counties in the judicial circuits of the State of Illinois, ex-
clusive of the county of Cook 191
An act to provide for an additional term of the circuit court in the county of Boone 196
An act to amend section 4 of an act entitled "An act concerning circuit courts and
to fix the time for holding the same in the several counties in the judicial circuits
in the State of Illinois, exclusive of Cook county." approved May 24,1879. in force
July 1, 1879, and amended by an act approved June 13, 1891, in force July 1, 1891 196
•COURTS, CITY:
An act to amend sections 13, 15 and 19 of an act entitled "An act In relation to courts
of record in cities," approved March 26, 1874, in force July 1, 1874 197
COURTS, COUNTY:
An act to amend section 44 of an act entitled "An act to extend the juTisdiction of
county courts and to regulate the practice thereof, to fix the time for holding the
same, and to repeal an act therein named" 198
COURTS OF RECORD:
An act to regulate service by publication of recoi-d, and to repeal acts in conflict
therewith 199
COURT RECORDS:
An act to provide for the restoration of lost or destroyed court records — 199
COURTS, SUPREME:
An act in relation to Supreme Court — 200
CRIMINAL CODE:
An act to prevent long continued and brutal bicycle racing 202
An act to prohibit the wearing or using of the insignia or rosette of the military
order of the Loyal Legion of the United States by any others than members of
the order 202
An act to amend "An act in relation to the sentence of prisoners convicted of
crime and providing for a system of parole," approved June 15. 1895 203
An act to punish persons for removing waste, lubricating packing or other ma-
terial from the journal boxes of engines, tenders or cars without authority 203
An act to prevent buying, selling or frauQulently using passes upon railroads,
• steamboats or other public conveyances 204
An act to regxilate and prohibit sensational or false advertisements in newspapers
or otherwise, and providing penalties for the violation thereof 204
DOCUMENTS AND RECORDS:
An act to provide for the better preservation of official documents and records of
historic intetest : 2C5
VIII CONTENTS.
DRAINAGE:
Page.
An act in relation to the constrnction, reparation and protection of drains, ditches
and levees across the land of others for agricultural, sanitary and mining pur-
poses, and to provide for the organization of drainage districts, approved and in
force May 29, 1879 206
An act to amend sections 76 and 89a of an act entitled "An act to provide for drain-
age for agricultural and sanitai-y purposes, and to repeal certain acts therein
named," approved June 27, 1885. in force July 1, 18S5, amended by act approved
June 21, 1895, in force July 1, 1895 207
An act to enable the construction by incorporated companies of levees, canals and
tunnels for agricultural, mining or sanitary purposes 208
An act to amend sections 12 and 21 of an act to create sanitary districts and remove
obstruction in DesPlaines and Illinois rivers 209
ELECTIONS:
An act to amend sections 3 and 8 of an act entitled "An act to provide for the print-
ing and distribution of ballots at public expense, and for the nomination of can-
didates for public offices, to regulate the manner of holding elections and to en-
force the secrecy of the ballot" 211
An act to amend section 27 of an act entitled "An act to provide for the printing and
distribution of ballots at public expense, and for the nomination of candidates
for public offices, to regulate the manner of holding elections, and to enforce the
secrecy of the ballot," approved June 22, 1891, in force July 1, 1891 212
An act to amend section 19 of an act entitled "An act to provide for distribution of
ballots at public expense and for the nomination of candidates for public offices,
to regulate the manner of holding elections and to enforce ihe secrecy of the
ballot" 213
An act to amend section 15 of article II of an act entitled "An act regulating the
holding of elections and declaring the result thereof in cities, villages and in-
corporated towns in this State" 214
An act to amend section 1 of article VII of an act entitled "An act regulating the
holding of elections and declaring the result thereof in cities, villages and incor-
porated towns in this State," approved June 19,1885, in force July 1,1885 215
An act to provide for the election and time of election of judges of the superior
court of Cook county 21€
An act to amend section 33 of an act entitled "An act in regard to elections, and to
provide for ti lling vacancies in elective offices" 216
An act to amend section 2 of article VII of an act entitled "An act regulating the
holding of elections and declaring the result thereof in cities, villages and
incorporated towns in this State," approved J une 19, 1885, in force July 1, 1885 217
EMINENT DOMAIN:
An act to amend sec ion 10 of chapter XLVII, entitled "An act to provide for the
exercise of the right of eminent domain," approved April 10,1872, in force July
1, 1872 217
EXEMPTIONS:
An^ctto amend section one (1) of an act entitled "An act to exempt certain per-
sonal property from attachment and sale on execution, and from distress for
rent" 218
FEES AND SALARIES:
An act to amend an act entitled "Fees and sallaries," chapter LIII 219
An act to amend section 4 of an act entitled "An act to provide for fees of certain
officers therein named in counties of the the third class," approved March 2,1874,
in force March 2, 1874 220
An act to provide for and fix the salary of the judges of the supreme court and
make allowance for clerks to certain judges 221
FIRE ESCAPES:
An act relating to fire escapes for buildings 222
FISH:
An act to encourage the propogation and cultivation, and to secure the protection
of fishes in all the waters under the jurisdiction of the State of Illinois 224
CONTENTS. IX
Page.
FLAGS:
An act to provide for placing United States national flags on school houses, court
houses and other public buildings in this State 229
GARNISHMENT:
An act to amend section 14 of an act entitled "An act in regard to garnishment,"
approved March 9, 1872, in force July 1, 1872, as amended by an act of May 31, 1879,
in force July 1, 1879 231
An act in relation to garnishment of administrators and executors 231
GENERAL ASSEMBLY:
An act to regulate the numbsr of extra policemen and janitors to be employed by
the Secretary of State during the sessions of the General Assembly 232
HORSESHOEING:
An act to insure the better education of practitioners in horseshoeing, and to regu-
late the practice of horseshoers in the State of Illinois 233
HUSBAND AND WIFE:
An act to amend an act entitled "An act to prevent and punish abandonment of
wife and children by husband." approved June 17, 1893, in force July 1. 1893 236
An act to amend an act entitled "An act to prevent and punish abandonment of
wife and children by husbands" 236
INSURANCE:
An act relating to fraternal belieficiary societies 237
An act to amend section 11 of an act entitled "An act to organize and regulate
county Are insurance companies," approved June 2. 1877, in force July 1, 1877, as
amended by an act approved June 6, 1887, in force July 1, 1887 239
An act to amend section 26 of an act entitled "An act to incorporate and govern fire,
marine and inland navigation insurance companies doing business in the State
of Illinois." 240
INTEREST ON PUBLIC FUNDS:
An act to repeal an act approved June 16, 1893, in force July 1, 1893 242
JUDGES:
An act to prevent county and probate judges from acting as attorneys in respect to
the estate of deceased persons pending and unsettled in the courts of which they
are judges '242
JURY COMMISSIONERS:
An act to amend an act entitled "An act to authorize judges of courts of record to
appoint jury commissioners, and prescribing their powers and duties" 243
JUSTICES AND CONSTABLES:
An act to amend section 1 of article 1 of an act entitled "An act to revise the law in
relation to justices of the peace and constables" 246
LANDLORD AND TENANT:
An act in relation to landlords and tenants 247
LIBRARIES:
An act to amend section 1 of an act to authorize cities, incorporated towns and
townships to establish and maintain free public libraries and reading rooms 247
CONTENTS.
Page.
LICENSE:
An act to license shanty boats and other watercraf t, fixing- the fees therefor and pro-
viding penalties 248
LUNATICS:
To amend section 12 of an act entitled "An act to revise the law in relaaion to the
commitment and detention of lunatics, and to provide for the appointment and
removal of conservators, and to repeal certain acts therein named," approved
June 21. 1893, in force July 1, 1893 249
MACHINERY:
An act to compel the using of blowers upon metal polishing machinery 250
MILITARY CODE:
An act to revise the military and naval code of the State of Illinois 252
MILK:
An act to fix the standard of analysis for pure milk 263
MINES AND MINING:
An act in relation to the safety and the competency of coal miners, and to punish
for infraction of the same 268
An act to amend section lie of an act entitled "An act to amend section 11 of an act
entitled 'An act providing for the health and safety of persons employed in coal
mines' " 269
An act to provide for the payment of coal miners for all coal mined by them
and providing additional duties for mine inspectors 270
MORTGAGES:
An act to amend section eight (8) of chapter ninety-five (95), of the Revised Statutes
of the State of Illinois, entitled "An act to revise the law in relation to mortgaged
real estate and personal proiierty" 270
OFFICIAL BONDS:
An act to authorize the payment of the cost of corporate suretyship upon official
bonds 271
PARDONS:
. An act to create a State Board of Pardons and to regulate the manner of applying
for pardons and commutations 272
PARKS :
An act to amend section 20 of an act to fix the boundaries of Lincoln Park in the
city of Chicago and to provide for its improvement, approved February 8, 1869 274
PARKS AND BOULEVARDS:
An act to authorize the corporate authorities of towns to issue bonds for the com-
pletion and improvement of public parks and boulevards, and to provide a tax
for the payment of the same 275
PENITENTIARIES:
An act to amend section 34 of an act entitled "An act in relation to the penitentiary
at Joliet. to be entitled 'An act to provide for the management of Illinois State
Penitentiary at Joliet 278
CONTENTS. XI
Page.
PLUMBERS:
An act to provide for the licensing of plumbers and to supervise and inspect
plumbing : 279
RAILROADS:
An act to ratify consolidations and sales and purchases between railroad com-
panies of this State and railroad companies of other states, and to confer in the
purchasing companies or in the companies formed by such consolidation as the
. case may be, during the term of their corporate existence, and of any extensions
thereof, all the corporate rights, franchises, privileges and immunities sold and
purchased or belonging or pertaining to the constituent companies, and to define
the term of the corporate existence of such consolidated companies, and to
authorize them to renew the corporate existence 281
An act to amend the title and sections 1 and 3 of an act entitled "An act in regard
to horse and dummy railroads" 282
An act to amend an act entitled "An act to authorize mintng or manufacturing
companies to own and hold shares of the capital stock and to own and hold secui'-
ities of railroad companies whose road shall connect the different plants of such
mining or manufacturing companies with each other or with other railroads or
harbors" 285
REFORMATORY, STATE:
An act to amend sections 7, 15 and 19 of an act to establish the Illinois State Re-
formatory 286
REVENUE:
An act to provide for the necessary revenue for State purposes 287
ROADS AND BRIDGES:
An act to amend sections thirty (30), thirty-one (31) and thirty-two (32) of "An act
in r» gard to roads and bridges in counties under township organization," in force
July 1, 18S3 288
SCHOOLS:
An act |:o provide for the ejection of boards of education in school districts organ-
ized under special acts of the Legislature of this State, etc 289
An act authorizing school districts managed by boards of education or directors
to establish and maintain day schools for the deaf, and authorizing payment
therefor from State common school fund 290
An act to ameml section i of an act entitled "An act to establish and maintain the
Eastern Illinois State Normal School" 291
An act TO amend section one of "An act extending the powers of boards of school
inspectors elected under special acts," approved June 19, 1893 292
An act to provide for the establishment and maintenance of manual training de-
partments for high schools 293
An act to amend the law of 1889 relating to the study in the public schools of
physiology and hygiene and the effects of alcholic beverages and narcotics on
human system 294
An act to amend an act entitled "An act to establish and maintain a system of
free schools, approved May 21, 1889." 295
An act concerning the education of children and the compulsory school attendance
of the same 296
SLANDER AND LIBEL:
An act repealing an act entitled "An act in relation to libel" 297
TRUSTS AND COMBINES:
An act to amend section 1 of an act entitled "An act to provide for the ptmishment
of persons, partnerships or corporations forming pools, trtists, combines, etc" 298
UNITED STATES:
An act ceding to the United States of America the jurisdiction over certain lands
and their appurtenances for the National Home for Disabled Volunteer Soldiers,
and exempting the same from taxation 299
XII CONTENTS.
WAREHOUSES:
An act to amend sections 3, 4, 5, 6, 7, 14 and 23 of an act entitled "An act to regulate
public warehouses and the wai-ehousing: and inspection of grain, and to give
effect to article 13 of the Constitution of this State".. 300
An act to amend section sis (6) of "An act to regulate public warehouses and the
warehousing and inspection of grain, and to give effect to article thirteen (13) of
the Constitution of this State, approved April 25, 1871, in force July 1, 1871" 302
WILLS:
An act to amend section 6 of an act entitled "An act in regard to wills" 304
An act in relation to the probate of wills 304
JOINT RESOLUTIONS:
Additional compensation to elevator conductors 306
Additional officers of the General Assembly 306
Adjournments 307
Canvass of election returns 308
Chicago river 308
Committee to prepare joint rules 308
Construction of waterways 309
Cuban rights 310
Death of William Glenn 310
Election of United States Senator 310
Inauguration of State officers 311
Letter carriers' salaries 311
National military park , 312
Printing Governor Altgeld's message 312
Illinois and Michigan canal at Joliet 312
LAWS OF ILLINOIS.
ADMINISTRATION OF ESTATES.
GEANTING LETTERS OF ADMINISTRATION".
§ 1. Amends section 18 of the act of 1872.
An Act to amend cm act in regard to the administration of estates^
apj}roved April 1, 1872, in force July 1, 1872.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the Genercd Assembly : That section eighteen of
chapter three of the re\dsed statutes, entitled, "An act in regard to
the administration of estates," be and the same is hereby amended
so that said section shall read as follows:
Section 18. Administration shall be granted upon the goods and
chattels of decedent to the surviving husband or wife, or to next of
kin to the intestate, or some of them, if they will accept the same, or
the court may grant letters of administration to some competent per-
son who may be nominated to the court by either of them, but in all
cases the surviving husband or wife, or the persons so nominated by
him or her, respectively, shall have the preference, and if none of the
persons hereinbefore mentioned applies within sixty days from the
death of the intestate, the county court may grant administration
to the public administrator of the proper county, or to any creditor
who shall apply for the same. If no creditor applies within fifteen
days next after the lapse of sixty days as aforesaid, administration
may be granted to any person whom the county court may think
will best manage the estate: Provided, that in all counties having a
population of two hundred thousand inhabitants or over, it shall be
the duty of the county court to commit the administration of such
estate to the public administrator of the proper county. In all
cases where the intestate is a non-resident, and in all cases where the
intestate is without a widow, next of kin or creditors in this State,
but leaves property within the State, administration shall be granted
to the public administrator of the proper county, when such county
ADMINISTRATION OF ESTATES.
contains a population of two hundred thousand inhabitants or over.
And in all cases where any contest shall arise between the widow,
heirs at law, next of kin, or creditors of the intestate, in relation to
the grant of letters of administration, and it shall appear to the court
that the estate of said intestate is liable to waste, loss or embezzle-
ment, administration to collect shall be granted to the public ad-
ministrator of the proper county, when such county contains a pop-
ulation of two hundred thousand inhabitants or over: Provided,
that no administration shall, in any case, be granted until satisfac-
tory proof be made before the county court to whom ap^Dlication for
that purpose is made, that the person in whose estate letters of ad-
ministration are requested is dead, and died intestate.
And, provided farthei', that when the heirs are resident of this
State and the estate is solvent and without minor heirs, and it is de-
sired by the parties in interest to settle the estate without adminis-
tration, this law shall not apply.
And, provided further, that no non-resident of this State shall be
appointed administrator, and no non-resident shall be appointed or
act as executor.
Approved June 3, 1897.
t 1. Amends section 75 of the act of 1872, by providing- tliat the coaseTvator or g-uardian
shall make selection.
An Act to amend section 75 of an act entitled "An act in regard to
the administrcdion of estates," approved April 1, 1872, in force
July 1, 1872.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That section 75^^of an act
entitled "An act in regard to the administration of estates," approved
April 1, 1872, in force July 1, 1872, be and the same is hereby
amended as follows, to-wit:
Section 75. The appraisers shall make out and certify to the
county court an estimate of the value of each of the several items of
property allowed to the widow; and it shall be lawful for the widow
to elect whether she will take the specific articles set apart to her, or
take the amount thereof out of other personal property at the ap-
praised value thereof, or whether she will take the amount thereof
in money, or she may take a part in property and a part in money,
as she may prefer; and in all such cases it shall be the duty of the
executor or administrator to notify the widow as soon as such ap-
praisement shall be made, and to set apart to her such article or
aticles of property, not exceeding the amount to which she may be
entitled, and as she may prefer or select, within thirty days after
written application shall be made for that purpose by such widow.
And if anv such executor or administrator shall neglect or refuse to
AGRICULTURE AND HORTICULTURE.
-comply with tlie above requisition, when application shall be made
for that purpose, he shall forfeit and pay for the use of such widow
the sum of twenty dollars per month for each month's delay to set
ai^art said property so selected, after the said term of thirty days
:shall have elapsed, to be recovered in the name of the Peo^jle of the
State of Illinois, for the use of such widow, in any court having ju-
risdiction of the same. When there is not property of the estate,
.of the kinds mentioned in the preceding section, the appraisers may
award the widow a gross sum in lieu thereof, except for family
pictures, jewels and ornaments, and in case such widow is insane or
under other disabilities, then the conservator or guardian of such
wadow may make such selection; and in case such widow die before
.such award is made or before such selection is made, then the admin-
istator or executor of such widow may cause such award to be made
and may make such selection for the benefit of the estate of such
deceased widow.
Approved June 10, 1897.
AGRICULTURE AND HORTICULTURE.
BUTTER — MANUFACTURE AND SALE OF SUBSTITUTES.
§ 7. What constitutes possession.
I 8. Wrongful sale or contract.
§ 9. Defacing, erasing or removing
mark with intent to mislead.
§ 10. Fines and penalties.
§ 11. State's Attorney to prosecute.
'§ 1. Imitation butter.
^ 2. Coloring butter prohibited.
'i 3. Packages, etc., stamped and marked.
•g 4. Unlawful to sell without informing pur-
chaser.
■'i 5. Shipping of substitutes.
§ 6. Substitute in possession.
An Act to regulate the manufacture and sale of substitutes for butter.
Section 1. Be it enacted by the People of the State of Illinois,
reiyresented in the General Assemhlij, That for the purpose of this
act, every article, substitute or compound, other than [that] which
is produced from pure milk or cream therefrom, made in the sem-
blance of butter and designed to be used as a substitute for butter
made from pure milk or its cream, is hereby declared to be imitation
butter: Provided, that the use of salt and harmless coloring matter
for coloring the product of pure milk or cream shall not be construed
to render such product an imitation.
§ 2. No x3erson shall coat, powder or color with annato, or any
coloring matter whatever, any substance designed as a substitute for
butter, whereby such substitute or product so colored or compounded
shall be made to resemble butter, the product of the dairy.
No person shall combine any animal fat or vegetable oil or other
substance with butter or combined therewith or with animal fat or
vegetable oil, or combination of the two, or with either one, any
AGRICULTURE AND HORTICULTURE.
other substance or substances, for the x^urpose or with the effect of
imparting^ thereto a yellow color or any shade of yellow so that such
substitute shall resemble yellow or any shade of genuine yellow but-
ter, nor introduce any such coloring matter or such substance or
substances into any of the articles of which the same is composed:
Provided, nothing in this act shall be construed to prohibit the
use of salt, rennet and harmless coloring matter for coloring the
products of pure milk or cream from the same.
No person shall, by himself, his agents or employes, produce or
manufacture any substance in imitation or semblance of natural
butter, nor sell, nor keep for sale, nor offer for sale, any imitation
butter, made or manufactured, compounded or produced in violation
of this section, whether such imitation butter shall be made or pro-
duced in this State or elsewhere.
This section shall not be construed to prohibit the manufacture
and sale, under the regulations hereinafter provided, of substances
designed to be used as a substitute for butter and not manufactured
or colored as herein provided.
§ 3. Every person who lawfully manufactures any substance de-
signed to be used as a substitute for butter, shall mark by brandings
stamping or stenciling uioon the top or side of each box, tub, firkin
or other package in which such article shall be kept and in which it
shall be removed from the place where it is produced, in a clear and
durable manner in the English language, the word "oleomargarine,"
or the word '"butterine," or the words "substitute for butter," or the
words "imitation butter," in printed letters in plain Roman type,
each of which shall not be less than three-quarters of an inch in
length.
§ 4. It shall be unlawful to sell or offer for sale any imitation
butter without informing the purchaser thereof, or the person or
persons to whom the same is offered for sale, that the substance
sold or offered for sale is imitation butter.
§ 5. No person, by himself or others, shall ship, consign or for-
ward by any common carrier, whether public or private, any sub-
stance designed to be used as a substitute for butter, unless it shall
be marked or branded on each tub, box, firkin or jar, or other pack-
age containing the same, as provided in this act, and unless it be
consigned by the carriers and receipted for by its true name: Pro-
vided, that this act shall not apply to any goods in transit between
foreign states across the State of Illinois.
§ 6. No person shall have in his possession or under his control
any substance designed to be used as a substitute for butter, unless
the tub, firkin, jar, box or other package containing the same be
clearly and durably marked as provided in this act: Provided, that
this section shall not be deemed to apply to persons who have the
same in their possession for the actual consumption of themselves [or]
their families. Every person who shall have jDossession or cont':"ol of
any imitation butter for the purpose of selling the same, which is
ALIENS.
not marked as required by the provisions of this act, shall be pre-
sumed to have known during the time of such possession or control
the true character and name, as fixed by this act, of such product.
§ 7. Whoever shall have possession or control of any imitation
butter, or any substance designed to be used as a substitute for but-
ter, contrary to the provisions of this act, for the purpose of selling
the same, or offering the same for sale, shall be held to have X30sses-
sion of such property with intent to use it in violation of this act.
§ 8. No action shall be maintained on account of any sale or con-
tract made in violation of, or with intent to violate, this act, by or
through any person who was knowingl}^ a party to such wrongful
sale or contract.
§ 9. Whoever shall deface, erase or remove any mark provided by
this act, with intent to mislead, deceive, or to violate any of the pro-
visions of this act, shall be guilty of a misdemeanor.
§ 10. Whoever shall violate any of the provisions of this act shall
be punished by a fine of not less than fifty nor more than two hun-
dred dollars, or by imprisonment in the county jail not to exceed
sixty daj^s, for each offense, or by both fine and imj)risonment, in the
discretion of the court, or the fine alone may be sued for and recovered
before any justice of the peace in the county where the offense shall be
committed, at the instance of an}^ person, in the name of the People
of the State of Illinois as plaintiff.
§ 11. It is hereby made the duty of the State's Attorney of each
county in this State to prosecute all violations of this act upon com-
plaint of any person, and there shall be taxed as his fees in the case
the sum of ten dollars ($10) , which shall be taxed as costs in the case.
Approved June 14, 1897.
ALIENS.
EIGHT TO HOLD REAL AND PERSONAL PROPERTY.
■% 1. Rig'ht of all aliens to hold real and per-
sonal property, and to dispose of the
same.
§ 2. Aliens to hold title for 6 years— notice —
duty of State's Attorney.
i 3. Sale of lands to be confirmed by the
court — moneys and securities to be
delivered to the clerk of the court-
duty of State Treasurer.
§ 4. Possession of lands sold to be delivered
within 10 davs to the purchaser.
§ 5. Title by forfeiture or escheat, released.
§ 6. Actions to recover- when to be com-
menced.
§ 7. Alien's right to hold personal property.
? 8. Repeals all acts in conflict.
An Act concerning aliens, and to regulate their right to hold real
and personal estate, and to ratify and confirm titles derived
through and under cdiens, and to protect the titles of citizens from
forfeiture, and to limit tlie time for recovery of land derived by
citizens througJi or under alie^is.
Be it enacted by the People of tlie Stcde of Illinois, represented in
the Genercd Assembly : Section 1, All aliens may, subject to the
ALIENS.
further provisions of this act, acquire and hold title in fee simple, or
otherwise, to lands, tenements and hereditaments, situate in this
State, by deed, devise or descent, and may alienate, sell, assign, in-
cumber, devise and convey lands, tenements and hereditaments^
whether the same have been heretofore or be hereafter acquired, and
the title to any lands of which an alien may die seized or possessed
intestate, shall descend to the heirs at law, and no person shall be^
deprived of his right to take title to real estate as heir at law by de-
scent from any deceased person because he may be an alien or be-
compelled to trace his relationship to such deceased person through
one or more aliens.
§ 2. If any alien shall at the time of acquiring title to lands sit-
uate in this State be of the age of 21 years or upwards, he maj^ hold
title to the same for six years from and after the time of acquiring
such title; but if any alien shall at the time of acquiring title to
lands situate in this State be under the age of 21 years, he may hold
title to the same for six years from and after the time when he be-
comes 21 j^ears of age, and if at the end of the time above limited
such lands shall not liave been conveyed to bona fide iDurchasers for
value, or such alien shall not have become a citizen of the United
States, it shall then be the duty of the State's Attorney of the county
in which said lands are situate to proceed by information, in the
name of the People of the State of Illinois, in the circuit court of
such county, to compel a sale of said lands, and such court shall have
jurisdiction to hear and determine such information, and to order
the sale of such lands by a master in chancery, special commissioner,
or other officer, for that purpose appointed by said court, at such
time and place and upon such terms as the court may direct, but
such sale shall be made subject to all incumbrances by way of judg-
ment or mortgage, or otherwise, existing against such lands at the
time of the commencement of such proceedings.
Notice to all parties interested shall be given as now authorized in
cases in chancery.
It shall be a good defense to any such proceeding that prior to the
time that the same was commenced such alien had become a citizen
of the United States, or that the title to such lands had been con-
veyed in good faith by such alien, mediately or immediately, to a
citizen of the United States, or if such alien has deceased prior to
the time of the commencement of such proceeding, that his heirs or
devisees, or any person claiming by, through, or under them, are or
had become citizens of the United States.
Said court shall tax as costs such fees for the State's Attorney as
shall be reasonable, not exceeding 20 per centum of the amount
which shall be bid for such lands at any such sale thereof, and shall
allow to such master in chancery, special commissioner, or other offi-
cer making such sale, the same fees as are allowed by law to masters
in chancery for the sale of lands under decree of foreclosure of
mortgages, and all fees and costs shall be paid out of the proceeds,
of sale of such real estate.
ALIENS. i
If any State's Attorney shall neglect or refuse to proceed by in-
formation as hereinbefore provided, within thirty days after it shall
be brought to his notice that an alien is holding title to lands in this
State contrary to the provisions of this act, then any citizen may
proceed by information, in the name of the People of the State of
Illinois, in the same manner as such State's Attorney might have
proceeded under the provisions of this section, and he and his at-
torney may be allowed such reasonable fees for their services, to be
taxed as costs, as the court may direct, not exceeding in the aggre-
gate 20 per centum of the amount which shall be bid for such lands
at any such sale thereof.
§ 'S. No sale made pursuant to any decree entered in any such
proceeding brought under the provisions of this act shall be valid
until confirmed by the court ordering the same.
The money and securities for the uiii^aid balance, if any. of the
purchase price bid for such lands at any such sale shall, after de-
ducting all fees and costs, be jjaid and delivered to the clerk of said
court, who shall, within ten days after the receipt thereof, transmit
the same to the State Treasurer, who shall hold the same as the
property of the State of Illinois.
It shall be the duty of the State Treasurer to collect the money
due or to be due upon such securities, and give diie acquittances
therefor: ProvidecL that all securities for unjpaid balances of the
purchase money for such lands shall be made payable to the People
of the State of Illinois.
§ 4. Possession of such lands so sold shall be delivered by such
a lien to the purchaser at such sale within ten days from and
after the time when such purchaser shall exhibit to the person in
jjossession thereof, if any, a deed executed by the officer making such
sale, together with a written demand for such possession, signed by
such purchaser or by his agent or attorney.
• § 5. The title to all lands, situate within this State, which are or
may have been subject to a forfeiture or escheat, either to the State
of Illinois or to the county in which such lands are situate, by rea-
son of the provisions of an act entitled "An act in regard to aliens,
and to restrict their right to acquire and hold real and XDersonal es-
tate and to provide for the disposition of the lands now owned by
non-resident aliens," approved June 16, 1887, in force July 1, 1887,
is hereby ratified and confirmed in and released unto those persons
who, but for their alienage or the alienage of the person or persons
by, through or under whom they claim title, would have the title
thereto: Provided, that any alien iii or to whom the title to any
such lands shall have been ratified, confirmed or released by virtue
of- the provisions of this section shall hold the same subject to all
the provisions of this act. and such title shall be deemed to have ac-
crued to and vested in such alien at the date when this act becomes
in force: And provided, further, ihQ.i this section shall not apply
to any lands as to which proceedings have heretofore been commenced
by or in behalf of the State of Illinois, or any county of said State
to enforce a forfeiture or escheat thereof.
ANIMALS.
§ 6. No action shall be commenced to recover any lands, tene-
ments or hereditaments situate within this State by any person who,
but for the provisions of an act entitled "An act in regard to aliens,
and to restrict their right to acquire and hold real and personal es-
tate, and to provide for the disposition of the lands now owned by
non-resident aliens," approved June 16, 1887, in force July 1, 1887,
would have no title to such lands, tenements and hereditaments, of
or from any citizen of the United States of America in whom, but
for the provisions of said act, the title to such lands, tenements or
hereditaments would be vested, unless such action shall be com-
menced within two years from and after the time when this act shall
become in force, or within two years from and after the time when
such right of action first accrues.
§ 7. All aliens may acquire and hold personal property in the
same manner and to the same extent as natural born citizens of the
United States, and the personal estate of an alien dying intestate
shall be distributed in the same manner as the estates of natural
born citizens, and all persons interested in such estate shall be en-
titled to proper distributive shares thereof under the laws of this
State, whether they are aliens or not.
§ 8. "An act in regard to aliens and to restrict their right to ac-
quire and hold real and personal estate and to provide for the dispo-
sition of the lands now owned by non-resident aliens," approved
June 16, 1887. and in force July 1, 1887, and all other acts and parts
of acts in conflict with this act, are hereby repealed.
Appeoved May 14, 1897.
ANIMALS.
D0C4-S AND SHEEP.
§ 1. Amends sections 5 and 6 of act of 1879.
I 3. Balance of license fund to be held by
county treasurer or supervisor.
I 5. Affidavit to show damages. Damage
not to exceed S5.00 per head for sheep
killed or injured.
I 6. Witness fees. Repeal.
An Act to amend sections five (5) and six (6)' of "An act to indem-
nify the otjoners of slieejD in cases of damage committed by dogs,"
approved May 29, 1879, in force July 1, 1879.
Be it enacted by the People of the State of Illinois, represented in
the Genercd Assembly: That sections five (5) and six (6) of "An act
to indemdify the owners of sheep in cases of damage committed by
dogs, approved May 29, 1879, in force July 1, 1879," be and the
same are hereby amended to read as follows:
Section 3. "If there be a balance of such license fund left in the
hands of the county treasurer or in the hands of the supervisor of
the township after paying all the losses and injuries sustained as
APPROPRIATIONS.
aforesaid, such balance shall be held by said county treasurer or the
supervisor of the township, to be paid on any further losses sustained
by the owners of sheep."
§ 5. No person having sheep killed or injured as aforesaid shall
be entitled to receive an}" portion of the fund herein provided for
unless he appear before the supervisor of the town in which the
sheep are killed or injured, or before the count}" treasurer in coun-
ties not under township organization, within not less than ten nor
more than forty days after the sheep are killed or injured, and make
affidavit stating the number of sheep killed or injured, the amount
of damage done by dogs, and owner or owners of the dogs, if known.
All damages shall be proven by not less than two witnesses who shall
be freeholders of the county; and such supervisor or county treas-
urer is hereby authorized to administer oaths in such cases, and
shall keep a record in each case of the names of the owner and the
amount of damage proven and the number of sheep killed or injured.
And in case the owner of the dog or dogs is solvent, the county or
town, as the case may be, shall not pay such damage out of such
fund: Provided, that the damages allowed shall in no event exceed
$5.00 per head for such sheep killed or injured.
§ 6. The supervisor or county treasurer, as the case may be,
shall allow not to exceed fifty cents to each witness, which shall be
X3aid out of the fund created by this act prior to its disposition by
the third section of this act. All acts or parts of acts inconsistent
with these amendments are hereby repealed.
Approved May 24, 1897.
APPROPRIATIONS.
ASYLUM FOR INCURABLE INSANE AT BARTONVILLE.
Appropriates to the Asylum for the In- I ? 2. For wards, §82,600.
curable Insane the following sums : j ^or maintenance, from July 1, 1898, to
For completion of building. §19,650. I July 1, 1899, 865,000.
For Administration building, com-
plete, including heating, pluml)-
ing and lighting, $15,000.
For boiler house, etc., 510,000.
For laundry, §5,000.
For topographical survey, §500.
For building roads, walks-and neces-
sary repairs to farm, §3,000.
For sewer, §4,000.
For horses, cows, hogs and farming
implements, §3,000.
For fui'nishing main building and
wing of Administration building,
§15,000.
I Z. How drawn.
An Act making appropriation for the Incnrahle Insane Asylum at
Bartonville, Peoria county, Illinois.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly: That the following amounts
10 APPROPRIATIONS.
be and are hereby appropriated to the Incurable Insane Asylum at
Bartonville, Peoria county, Illinois, for the purposes hereinafter
named :
For the completion of said building, now in course of con-
struction, and furnishing same $19,650 00
Administration building, complete, including heating,
plumbing and lighting 15,000 00
Boiler house, including dynamos, engines and steam
plant, complete 10,000 00
Laundry building, including the necessary machinery,
complete .' .'.' 5,000 00
Topographical survey 500 OO
For building hard roads, walks and necessary repairs to
the farm : 3,000 00
For sewers 4,000 CO
For maintenance to July 1, 1898 25,000 00
The moneys herein appropriated shall be payable only upon the
warrants of the Auditor, drawn uiDon the order of the trustees, upon
vouchers signed by the trustees and approved by the Governor.
§ 2. ^
For construction of Ward No. 2 $38,000 00
For construction of AVard No. 3 38,01 )0 00
For equipment of Ward No. 2 3,300 00
For equipment of Ward No. 3 3.300 00
For maintenance from July 1, 1898, to July 1, 1899 65,000 00
For horses, cows, hogs and farming implements 3,000 00
For furnishing main building and wing, already con-
structed, and the Administration building 15,000 00
Said appropriations to be available out of the tax of 1897, after the
1st day of July, 1898, and shall be payable quarterly, in advance,,
upon the order of the board of trustees, approved by the Governor,
and appropriation for the building and furnishings shall be paid out
upon the estimates of the architect, upon vouchers signed by the
trustees and approved by the Governor.
§ 3. The Auditor of Public Accounts is hereby authorized to draw
his warrants upon the State Treasurer for the moneys hereinbefore
appropriated upon the order of the board of commissioners of said
institution, signed by the president, attested by the secretary, and
a]pproved by the Governor.
Approved June 14, 1897.
APPROPIATIONS. 11
CASUAL DEFICITS OR FAILURE IN REVENUES.
? 1. Governor, Auditor and Treasurer au- I § 3. Form of bonds. Appropriates $270,000.
thorized to borrow $250,000. p 4_ How drawn.
§ 2. Advertising for loan. I ' '
An Act to provide for casual deficits or failure in revenues.
Section 1. Be it enacted by the People of the State of Illinois,,
represented in the General Assembly, That whenever casual deficits
or failures in revenues of the State occur, in order to meet the same,,
the Governor, Auditor and Treasurer are hereby authorized to con-
tract debts, never to exceed in the aggregate the sum of two hundred
and fifty thousand dollars, and moneys thus borrowed shall be ap-
plied to the purpose for which they were obtained, or to pay the
debts thus created and to no other purpose: Proiu'ded, that all
moneys so borrowed shall be borrowed for no longer time that two
years.
§ 2. Whenever the borrowing of money under section one of this
act is contemplated, it shall be the duty of the Governor, Auditor
and Treasurer to advertise for proposals for such loans, for ten days,
in one of the daily newspapers printed in each of the cities of New
York, Chicago and Springfield, setting forth in said advertisements-
the amount of debt i^roposed to be contracted and the time and place
for the payment of the principal and interest. And the loan shall
be awarded to the person or persons agreeing to take it at the lowest
rate of interest not exceeding five per cent, per annum.
§ 8. There shall be ]3rei3ared under the direction of the officers
named in this act such form of bonds or certificates as they shall
deem advisable, which, when issued, shall be signed by the Governor,
Auditor and Treasurer, and shall be registered by the Auditor in a
book to be kept by him for that purpose. The interest and principal
of such loan shall be paid by the Treasurer out of the general reve-
nue fund. There is hereby appropriated out of any money in the
treasury a sum not exceeding the sum of two hundred and seventy
thousand dollars for the payment of the interest and principal of
any debts contracted under this act.
The Auditor of Public Accounts is hereby authorized and directed
to draw his warrant on the State Treasurer for the amount of. all sucIl
payments.
Approved April 2, 1897.
12 APPROPRIATIONS.
CATHERINE CUTTING.
g 1. Appropriates $350 to pay Catherine Cut- §2. How drawn,
ting for damages allowed by the
Commission of Claims.
An Act to apiwopriaie money to pay Catherine Cutting for dam-
ages allowed tier against the State of Illinois by the Commission
of Claims.
Section 1. Be it enacted by the People of the State of Illinois,
7-epresented in tlie General Assembly : That there be and is hereby
ai3propriatecl to Catherine Cutting the sum of three hundred and
fifty dollars ($850.00) for damages allowed her by the Commission of
Claims in the case of Catherine Cutting against the State.
§ 2. The Auditor of Public Accounts shall draw his warrant in
favor of said Catherine Cutting for said amount herein appropriated,
and the State Treasurer shall pay the same out of an\" money in the
treasury not otherwise appropriated.
Approved June 7, 1897.
CHEMICAL SURVEY OF THE WATERS OF ILLINOIS.
^ 1. Trustees of the University of Illinois
to establish a chemical survey of the
waters of Illinois.
I 2. Duty of the University.
I 3. Appropriates $3,000 per annum for
making survey.
§ 4. How drawn.
An Act to establish a chemical survey of tlie ivaters of the State of
Illinois.
Section 1. Be it enacted by tlie People of the Stcde of Illinois,
represented in tlie General Assembly: That the trustees of the
University of Illinois are hereby authorized and directed to establish
a chemical and biological survey of the waters of the State in con-
nection with said university.
§ 2. It shall be the duty of the university to collect facts and
data concerning the water supplies of the State; to collect samples
of waters from wells, streams and other sources of supply, to subject
these samples to such chemical and biological examination and anal-
yses as shall serve to demonstrate their sanitary, condition, and to de-
termine standards of purity of drinking waters for the various sec-
tions of the State, to publish the results of these investigations in a
series of reports to be issued annually, or oftener, to the end that the
condition of the potable waters of the State may be better known,
APPROPRIATIONS. 13^
and that the welfare of the people of the various communities of the
State may thereby be conserved.
§ 3. For the installation and support of said survey there is hereby
appropriated the sum of three thousand (3,000) dollars per annum.
§ 4. The Auditor of State is hereby authorized and directed to
draw his warrants quarterly, in advance, on the Treasurer for the
sums hereby appropriated, upon the order of the chairman of the
Board of Trustees of the University of Illinois, attested by the sec-
retary, and with the corporate seal of the university: Provided,
that no part of said sums shall be due and payable to said institu-
tion until satisfactory vouchers, in detail, approved by the Governor,
shall be filed with the Auditor, for the expenditure of the last quar-
terly installment of appropriations herein made.
Approved June 7, 1897.
COMMISSION TO MARK POSITION OF TROOPS IN THE BATTLE OF SHILOH.
§ 1. Appointment of commission. I §2. Appropriates SI, 000 to pay expenses of
commission — how drawn.
An Act authorizing the appointment of a commission to ascertain
and mark the positions occupied hy Illinois troops in the battle of
Shiloh and to make an appropricdion to pay the personal expenses
of the commission.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly: That the Governor of this
State be and he is hereby authorized to appoint a commission of ten
persons, not more than five of whom shall be selected from the same
political party, each of whom participated in the battle of Shiloh,
who shall serve without pay and whose duty it shall be to co-operate
with the national commission in ascertaining and marking the posi-
tions occupied in said battle by each regiment, battery and independ-
ent organization from this State, v/hich were engaged there, and for
this purpose they shall avail themselves of the knowledge and assist-
ance of representatives of such regiments, batteries and other organi-
zations.
§ 2. The sum of one thousand dollars is hereby apiDropriated to
pay the personal expenses of the members of said commission in the
discharge of their duties as aforesaid, and the Auditor of Public Ac-
counts is hereby authorized to draw his warrant upon the State
treasury for so much of the sum herein appropriated as may be nec-
essary for the use aforesaid, on bills of particulars certified by said
commission and approved by the Governor. And the State Treasurer
shall pay the same out of any funds in the State treasury not other-
wise appropriated.
Approved June 7, 1897.
14 APPEOPKIATIONS.
DAIRYMEN S ASSOCIATION.
\ 1. Appropriates 81,000 to aid the Dairy- I \ 2. How drawn,
men's Association. I
An Act making an aiypropriation in aid of the Illinois Dairymen'' s
Association .
Section 1. Be it enacted by the People of the State of Illinois,
represented in. tJie General Assembly : That the sum of one thou-
sand dollars per' annum be and the same is hereby appropriated to
aid the Illinois Dairymen's Association in compiling, publishing and
distributing its report, and other necessary expenses.
§ 2. The Auditor of Public Accounts is hereby authorized to
draw his warrant ui^on the State Treasurer for the sum in this act
specified on bills of particulars certified to by the officials of said as-
sociation, to the order of the president of said association, and the
State Treasurer shall pay the same out of any funds in the State
treasury not otherwise appropriated.
Approved June 10, 1897.
DAMAGES BY CONSTRUCTION OF A DAM ON THE ILLINOIS RIVER.
§ 1. Appropriates $150,00 to pay Nicholas j i 2. How drawn.
Bieas for damag'es. 1
An Act to provide for the payment of damages to lands and sus-
tained by tlie owner thereof by the construction of a dam on the
Illinois river, near Henry, in Marsliall county, Illinois.
Section 1. Be it enacted by the People of tlie State of Illinois,
represented in the General Assemhly : That the sum of one hundred
and fifty dollars be and the same is hereby appropriated out of any
money in the State treasury not otherwise appropriated to pay
Nicholas Bieas, the owner of land or other property on the Illinois
river, for damages occasioned by the construction of the lock and
dam near Henry on said river by the authority of the State of Illi-
nois, according to the recommendations contained in the report of
the joint select committee of the two Houses of the Thirtieth Gen-
eral Assembly.
§ 2. That the Auditor of Public Accounts be and he is hereby
directed to draw his warrant on the State Treasurer for the amount
by this act directed, to be paid the said Nicholas Bieas, and that in
so doing he be governed and shall comply with the provisions of an
act of the General Assembly of the State of Illinois entitled "An act
APPROPKIATIONS. 15
to provide for the payment of damages to lands or other property
sustained by the owner thereof by the construction of the dam on
the Little Wabash river at New Haven, in Gallatin county Illinois,
and by the construction of the dam on the Illinois river near Henry,
in Marshall county, Illinois," ajDproved May 31, 1879, in force July
1, 1879.
Approved May 6, 1897.
D. VANCE.
i 1. Appropriates $146.80 to D. Vance for 1 i 2. How drawn,
sand. '
An Act making an ajppi'opriation for the relief of D. Vance.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the Genercd Assembly : That the sum of one hundred
and forty-six dollars and eighty cents ($146.80) is hereby appro-
priated out of any money in the State treasury not otherwise ap-
propriated for the relief of D. Vance, as a fair and just compensa-
tion for sand furnished by him and used by the State at the Illinois
"State Reformatory at Pontiac.
§ 2. The Auditor of Public Accounts is hereby authorized and
•directed to draw his warrant on the State Treasurer for said sum of
■one hundred and forty-six dollars and eighty cents ($146.80) , hereby
appropriated, payable to said D. Vance or his order, in full satisfac-
tion of said claim.
Approved June 3, 1897.
EASTERN ILLINOIS STATE NORMAL SCHOOL.
^ 1. Appropriates $25,000 for the year 1897 I § 2. How drawn,
and $50,000 for the year 1898. I
An Act making appropricdion for the Eastern Illinois State Nor-
mal School.
Section 1. Be it enacted hy tlie People of the Stcde of Illinois,
represented in the Genercd Assembly : That the sum of twenty-five
thousand dollars ($25,000.00) for the fiscal year beginning July 1,
1897, and the sum of fifty thousand dollars ($50,000.00) for the
fiscal year beginning July 1, 1898, be and is hereby appropriated to
the Eastern Illinois State Normal School, for the purpose of com-
16 APPROPRIATIONS.
pleting said school building, improving the grounds, purchasing the
necessary heating and lighting apparatus, plumbing, furniture, and
such other fixtures and supplies as may be required to carry out the
provisions of an act approved May 22, 1895, to establish and main-
tain the said Eastern Illinois State Normal School.
§ 2. That the Auditor of Public Accounts is hereby authorized
and required to draw his warrant upon the Treasurer for the afore-
said sum of money, upon the order of the board of trustees of said
Eastern Illinois State Normal School, signed by the president and
attested by the secretary of said board, with corporate seal of said
institution attached, and -approved by the Governor
Approved June 9, 1897.
EXECUTIVE MANSION.
§ 1. Appropriates 827,241 to repair, etc., the I ? 2. Bids— Duties of the Secretary of State
Executive Mansion. I — How drawn.
An Act to repair and improve the Executive Mansion, and to repair
the sidewalks around the same.
Section 1. Be it enacted by the People of the State of Illinois,,
represented in the General Assembly: That the sum of three thou-
sand seven hundred and sixty-six ($3,766) dollars, or so much thereof
as may be necessary, is hereby apjjropriated out of any money in the
treasury not otherwise appropriated for the xourpose of improving
and repairing the basement of the Executive Mansion.
The sum of three hundred dollars ($300), or so much thereof as
may be necessary, is hereby appropriated for repairing the plaster-
ing on said mansion.
The sum of three thousand dollars ($3,000) , or so much thereof as
may be necessary, is hereby appropriated for the purpose of plumb-
ing and repairing the sewerage of said mansion, and imiDroving bath
rooms in said mansion.
The sum of one thousand four hundred and eighty dollars ($1,480)
is hereby appropriated for the purpose of constructing a brick and
stone boiler house for said mansion.
The sum of twenty-five hundred dollars ($2,500) , or so much there-
of a's may be necessary, is hereby appropriated for steam heating ap-
paratus, including boiler, for said mansion.
The sum of fifteen hundred dollars ($1,500), or so much thereof as
may be necessary, is hereby ajJioropriated for constructing a grand
stairway and interior wood finish for said mansion.
The sum of three thousand dollars ($3.000) , or so much thereof as
may be necessary, is hereby appropriated for interior painting and
decorations of said mansion.
APPEOPRIATIONS. 17
The sum of four hundred and seventy-five dollars ($475) , or so
much thereof as may be necessary, is hereby appropriated for outside
13ainting on said mansion.
The sum of six thousand one hundred and twenty-five dollars
($6,125), or so much thereof as may be necessary, is hereby appro-
priated for the purpose of jjutting copper roofs on said mansion and
cupola.
The sum of fifteen hundred dollars ($1,500), or so much thereof as
may be necessary, is hereby ajDpropriated for the purpose of placing
a cox)per balustrade on said mansion.
The sum of three hundred and fifteen dollars ($315), or so much
thereof as may be necessary, is hereby appropriated for placing a floor
in the attic of said mansion, and woodwork about the cupola of said
mansion.
The sum of three thousand five hundred ($3,500) dollars, or so
much thereof as may be necessary, is hereby appropriated for the
purpose of placing a stone and granite porch and marble steps on
the north front of said mansion.
The sum of seven hundred and eighty dollars ($780) , or so much
thereof as may be necessary, is hereby ax3propriated for the purpose
of repairing the walks around said mansion and constructing new
walks through said grounds.
§ 2. Said work shall be let to the lowest responsible bidder or bid-
ders by the Secretary of State, who is hereby charged with the duty
of making the above im]3rovements and repairs, after advertising said
letting for a joeriod of not less than twenty days in one daily news-
paioer printed and published in Chicago and one daily newspaper
printed and published in Springfield.
The Secretary shall have power to reject any and all bids, and he
is hereby authorized and required to take bond for such sum as he
may think proper from j)ersons to whom the work shall be let for the
faithful performance of their contracts.
Said money shall be paid by Auditor's warrants on the Treasurer
on vouchers certified by the Secretary of State and ajoproved by the
Governor.
Approved June 10, 1897.
—2
18
APPEOPEIATIONS.
FARMEES COUNTY INSTITUTES.
2 1. Appropriates $1,200 per annum for ex- § 3. How drawn.
pressage, stationery, postage, etc. — ^ , t% . j- J.^ j. n ,, xn. .
T^ ,, .. . ,.. . T-. i i. Duty of the treasurer of the Illinois
For collecting an institute library, „ , t j.-^ j. ^ ^ _l,
„.„„ P, 1 1 u- 4. Farmers' Institute to pay over to the
SlOO per annum— For clerk hire, etc., ^ „ , r^ ^ -r ^., ^ ^■,
„. „rt„ T^ „ treasurer of each County Institute the
SI, 200 per annum— For expenses of „
district directors, speakers, etc., $5, 000
per annum — Fortheuseof each Coun-
ty Faimers' Institute, $50 per annum.
§ 2. Officers of County Farmers' Institutes
not to receive any moneyed compen-
sation for services.
An Act making appropriations for the Illinois Farmers'' Institute
and County Farmers^ Institutes.
Wheeeas, To assist and. encourage useful education among farm-
ers and. for developing the agricultural resources of the State, the
Thirty-ninth Greneral Assembly created an organization under the
name and style of the Illinois Farmers' Institute, and entrusted to it
the development of greater interest in the cultivation of crops, in the
breeding and care of domestic animals, in dairy husbandrj^, in horti-
culture, in farm drainage, in imxaroved highways and general farm
management, through and by means of liberal discussions of these
and kindred subjects; and for improving the condition of the farmer
by affording a better knowledge of successful agriculture. Therefore,
to sustain the same:
Be it enacted hy tJie People of the State of Illinois, represented in
the General Assembly : That there be and is hereby appropriated to
.the Illinois Farmers' Institute the following sums, to-wit:
Section 1. For expressage, stationery, postage, office expenses,
furniture, etc., the sum of twelve hundred dollars ($1,200) jper annum
for the years 1897 and 1898.
2. For the expense of collecting an institute library, the sum of
one hundred dollars ($100) per annum for the years 1897 and 1898.
3. For the expense of collecting matter and preparing manuscript,
editing the annual report and bulletins, clerk hire, etc., the sum of
twelve hundred dollars ($1,200) per annum for the years 1897 and
1898.
4. For the actual expense of district directors, and of able and
practical speakers to be furnished by the Illinois Farmers' Institute
to the County Farmers' Institutes, for the purpose of assisting in
making their meetings of general interest and of the greatest practi-
cal benefit; for expense of organizing County Institutes in counties
not now organized; for the expense of printing program, advertising
and of speakers and exhibit at the State Institute, the sum of five
thousand dollars ($5,000) per annum for the years 1897 and 1898:
Provided, that County Institutes or their representatives shall be per-
APPROPEIATIONS. 19
mitted to select their own speakers and to have such topics for con-
sideration as shall be of especial interest to their respective localities.
5. For the use of each County Farmers' Institute the sum of jfifty
dollars ($50) per annum for the years 1897 and 1898, to be paid the
treasurer of each County Farmers' Institute when such institute shall
file with the secretary of the Illinois Farmers' Institute a sworif state-
ment which shall show that said County Farmers' Institute has held
one or more public sessions annually of not less than two days at
some easily accessible location, which shall include an itemized bill
of its expenses, a copy of its program and printed proceedings, show-
ing title of the papers read and by whom, and place or places of meet-
ing, with daily average attendance, and such other information as
may be needed by the Illinois Farmers' Institute to successfully as-
sist this work.
§ 2. No officers or officer of any County Farmers' Institute shall
be entitled to or receive any moneyed compensation whatever for any
services rendered the same.
§ 3. That on the order of the president, countersigned by the sec-
retary, of the Illinois Farmers' Institute, and approved by the Gov-
ernor, the Auditor of Public Accounts shall draw his warrant on the
Treasurer of the State of Illinois in favor of the treasurer of the Illi-
nois Farmers' Institute for the sums herein appropriated: Provided,
that each warrant on account of a County Farmers' Institute shall
show the county for whose benefit the same is drawn: Provided,
further, that if the necessary expense of a County Farmers' Institute
shall not equal said sum of fifty dollars as aforesaid, then said warrant
shall only be drawn for the sum expended.
§ 4. It shall be the duty of the treasurer of the Illinois Farmers'
Institute to pay over to the treasurer of each County Institute the
said sum of fifty dollars ($50) or so much thereof as may be received
for its use and benefit as aforesaid, and make annual report to the
Governor as provided by law.
Appeoved June 5, 1897.
FREDERICK KLOE.
§ 1. Appropriates $1,000.00 to pay and discharge the claim of Frederick Klor,
An Act to grant indemnity and relief, and to make appropriation
for the payment of the claim of, Frederick Klor.
Whereas, Upon the petition of Frederick Klor, a bill for his
relief, involving an appropriation of $1,500.00, was reported by the
House Committee on Claims at the last regular session of the Gen-
eral Assembly; and
20
APPROPEIATIONS.
Wheeeas, The said bill, as involving an appropriation of public
money, was, under a House rule, referred to the House Committee on
Appropriations, and was, near the close of the said session, reported
back to the House, and was, by the order of the House, referred to
the Commission of Claims to the end that the said commission might
take cognizance of and adjudicate the merit and validity of the said
claim, pursuant to the statute in such case made and provided; and
Wheeeas, The said commission did accordingly take cognizance
of the said claim and did, upon the hearing thereof at the August
term, A. D. 1895, adjudge the same to be valid, and did award the
petitioner relief touching the same against the State, to-wit: the sum
of $1,500,00; and
Wheeeas, The said award remains in full force and is wholly un-
satisfied; therefore, *
Be it enacted by the People of the State of Illinois, represented in
the General Assembly : That the sum of $1,000.00 be and the same
is hereby appropriated out of any money in the treasury of the
State not otherwise appropriated for the full and final liquidation,
payment and discharge of the said claim of the said Frederick
Klor, and the said judgment and award of the said Commission of
Claims in his behalf.
Approved May 14, 1897.
FURNISHING AND CARING- EOR MEMORIAL HALL IN CHICAGO PUBLIC
LIBRARY.
1. Appropriates $31,000 for furnishing and
caring for Memorial Hall and ante-
rooms, Chicago Public Library.
§ 2. Contracts — How made.
§ 3. How drawn.
An Act to appropriate thirty-one thousand dollars for the purpose
of furnishing and caring for the Memorial Hall, constructed in
the Public Library Building in the City of Chicago.
Whereas, By an act of the General Assembly of the State of Illi-
nois, approved June 2, 1891, the directors of the Chicago Public Li-
brary were authorized to erect a library building on Dearborn Park,
in the city of Chicago, and in consideration thereof were required to
construct in such building and turn over to the Grand Army Hall
and Memorial Association of Illinois, for the period of fifty years, a
Memorial Hall, to "commemorate the patriotism and sacrifices of
the Union soldiers and sailors in the late civil war;" and,
Whereas, No provision was made by said act for furnishing and
caring for such Memorial Hall during the time the same is under
the management and control of the said Grand Army Hall and
Memorial Association; and.
APPROPEIATIONS. 21
Whereas, The said Grand Army Hall and Memorial Association
of Illinois is composed entirely of veterans of the late war, and has
no funds with which to furnish and care for said Memorial Hall;
and.
Whereas, It is eminently fitting that the great State of Illinois,
that furnished a Lincoln, a Grant, a Logan and two hundred and
fifty thousand men to save the Union, should maintain, in its prin-
cipal commercial metropolis, some memorial structure that shall not
only perpetuate the memory of her distinguished sons, but also bear
witness to all coming generations that the patriotic deeds of those
who, in a less conspicuous position, served their country in its day
of peril are never to be forgotten; therefore,
Section 1. Be it enadedhy the People of the State of Illinois,
represented in the General Assembly : That there is hereby appro-
priated the sum of thirty-one thousand dollars for the purpose of
furnishing and caring for the Memorial Hall and ante-rooms in the
Public Library building in the city of Chicago.
§ 2. That all contracts for the furnishing and caring for said
Memorial Hall and ante-rooms shall be made by and through the
board of directors of the Grand Army Hall and Memorial Associa-
tion of Illinois; but no such contract shall be legal and binding un-
til the same is ax)proved by the Governor of the State.
§ 3. That the Auditor of Public Accounts be and he hereby is
directed to draw warrants on the State Treasurer for the amount of
bills incurred for the pur]Dose aforesaid, not exceeding in the aggre-
gate the amount aforesaid, and when such bills are duly approved of by
the Governor, the State Treasurer is hereby directed to pay all such
warrants.
Approved April 1, 1897.
general assembly— committee expenses.
? 1. Appropriates $5,000 to pay the expenses § 2. Emergency,
of the committees of the 40th Gen-
eral Assembly.
An Act to make an appropriation for the payment of the expenses
of the committees of the 40th General Assembly.
Section 1. Be it enacted by the People of the State of Illi^iois,
represented in the General Assembly: That the additional sum of
five thousand (5,000) dollars, or so much thereof as may be neces-
sary, be and is hereby appropriated to pay the expenses of the com-
mittees of the present General Assembly while in the discharge of
special duties under the direction of either branch thereof, such ex-
penses to include reasonable compensation to the serge ant-at-arms of
APPEOPRIATIONS.
the Senate and the doorkeeper of the House for serving the pro-
cesses of the Senate and House and of the committees thereof, and
to be certified and paid as may be provided by resolution of either
house.
§ 2. Whereas, The funds already appropriated for the above
purpose have been exhausted, and the above appropriation is neces-
sary for the transaction of the business of the State, therefore an
emergency exists, and this act shall take effect from and after its
passage.
Approved June 3, 1897.
GENERAL ASSEMBLY, COMMITTEE EXPENSES.
I 1. Appropriates $5,000 to pay the expenses I § 2. How drawn,
of the committees of the Fortieth
General Assembly. I
An Act to make an appropriation for the payment of the expenses
of the committees of the Fortieth General Assembly.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly : That the additional sum of
five thousand (5,000) dollars, or so much thereof as may be necessary,
be, and is hereby appropriated to pay the expenses of the committees
of the General Assembly while in the discharge of special duties
under the direction of either branch thereof, such expense to include
reasonable compensation to the sergeant-at-arms of the Senate and
the doorkeeper of the House for serving the processes of the Senate
and House and of the committees thereof and to be certified and
paid as may be provided by resolution of either house; Provided,
that no part of the same shall be allowed for any member for railroad
fare or exjienses of any kind not actually paid by him.
§ 2. Whereas, The funds already approi3riated for the above
purpose have been exhausted and the above appropriation is necessary
for the transaction of the business of the State, therefore an emer-
gency exists, and this act shall take eff'ect from and after its passage.
Approved June 5, 1897.
APPEOPEIATIONS.
GENERAL ASSEMBLY EMPLOYES.
§ 1. Appropriates $50,000 to pay the em- § 2. Emersrency.
ployes of the Fortieth General As-
sembly—How drawn.
An Act making appi'opriation for the payment of the employes of
the Fortieth General Assembly.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That there be and is hereby
appropriated the sum of fifty thousand dollars ($50,000) , or so much
thereof as may be necessary, to pay the employes of the Fortieth
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 transac-
tion of the business of the State, therefore an emergency exists, and
this act shall take effect from and after its passage.
Approved January 20, 1897.
GENERAL ASSEMBLY EMPLOYES.
I 1. Appropriates 860,000 to pay the em- [ g 2. Emergency.
ploy6s of the Fortieth General As-
sembly—How drawn. I
An Act maJdng appropriation for tlie payment of the employes
of the Fortieth General Assembly.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That there be and is hereby
appropriated the sum of sixty thousand dollars ($60,000), or so much
thereof as may be necessary, to pay the employes of the Fortieth
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, therefore an emergency
exists, and this act shall take effect from and after its passage.
Approved April 2, 1897.
24: APPROPRIATIONS.
GENERAL ASSEMBLY EMPLOYES.
I 1. Appropriates $2, 500 to pay the employes § 2. Emergency,
of the 40th General Assembly. How
drawn.
An Act making appropriations for the payment of the employes of
the Fortieth General Assembly.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That there be and is hereby
appropriated the additional sum of two thousand five hundred
($2,500) dollars, or so much thereof as may be necessary, to pay the
employes of the Fortieth General Assembly, at the rate of compen-
sation allowed by law. Said emi^loyes 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 trans-
action of the business of the State, therefore an emergency exists,
and this act shall take effect from and after its passage.
Approved June 3, 1897.
general assembly, incidental expenses.
Appropriates $15,000 to pay the inci-
dental expenses of the Fortieth Gen-
eral Assembly and to the Secretary of
State for the discharge of his duties.
§ 2. How drawn.
§ 3. Emergency.
An Act to provide for the incidental expenses of tlie Fortieth Gen-
eral Assembly of the State of Illinois, and for the care and custody
of t/ie Stcde House and Grounds, incurred or to be incurred, and
noiu unprovided for.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented in tlie Genercd Assembly: That the sum of fifteen
thousand dollars ($15,000) , or so much thereof as may be required,
is hereby appropriated to pay the incidental expenses of the
Fortieth General Assembly, or either branch thereof, or by the Sec-
retary of State in the discharge of the duties imposed on him by
law, or by the direction of the General Assembly, or either branch
thereof. All expenditures to be certified to by the Secretary of State
and approved by the Governor.
§ 2. The Auditor of Public Accounts is hereby authorized and
directed to draw his warrant ujpon the State Treasurer for the sum
herein specified, upon presentation of the proper vouchers, and the
APPPEOPRIATIONS. 25
State Treasurer shall pay the same out of any funds in the State
treasury not otherwise appropriated.
§ 3. Whereas, The appropriation above recited is 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 January 20, 1897.
GENERAL ASSEMBLY, INCIDENTAL EXPENSES.
2. How drawn.
3. Emergency.
? 1. Appropriates S7,500 to pay the inciden-
tal expenses of the Fortieth General
Assembly and to the Secretary of
State for the discharge of his duties.
An Act to provide for the incidental expenses of the Fortieth Gen-
eral Assembly of the State of Illinois, and for the care and cus-
tody of the State House and Grounds, incurred or to he incurred,
and noio unprovided for.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly : That the additional sum of
seven thousand five hundred (7,500) dollars, or so much thereof as
may be required, is hereby appro^Driated to pay the incidental ex-
penses of the Fortieth General 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 certified to by the
Secretary of State and approved by the Governor.
§ 2. The Auditor of Public Accounts is hereby authorized and
directed to draw his warrant 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 appropriation above recited is 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 efPect from and after its passage.
Approved April 2, 1897.
26
APPEOPRIATIONS.
ILLINOIS AND MICHIGAN CANAL.
§ 1.
Appropriates $100,000 for necessary
and extraordinary repairs.
§ 2. Emergency appropriation.
§ 3. Board of canal commissioners to keep
account of emergency appropriation
used by them — report to Governor.
§ 4, Emergency.
An Act making an ap'pi-opriation for the necessary and extraor-
dinary repairs and protection of the Illinois and Michigan
Canal.
Section 1. Be it enacted hy the People of the State of Illinois ,
represented in the General Assembly: That for the purpose of
making necessary and extraordinary repairs and providing means
for maintaining the Illinois and Michigan Canal in a navigable con-
dition, there is hereby appropriated the sum of one hundred thou-
sand dollars: Provided, that the said canal commissioners may
only use the sum of fifty thousand dollars of this appropriation for
the immediate extraordinary repairs and jDrotection that is necessary
to keep the said canal in a proper and navigable condition and pre-
serve the same from damage, which sum of fifty thousand dollars
shall be paid to the treasurer of the board of canal commissioners
upon the order of said commissioners, and the treasurer of said
board filing his receipt therefor with the Auditor, who shall, upon
the filing of said receipt with him by the treasurer of said board,
issue his warrants upon the State Treasurer for the said sum of fifty
thousand dollars, which sum shall be used by said canal commission-
ers for the purposes herein stated and under the rules and regula-
tions of said board: Provided, further, that the remaining fifty
thousand dollars of this appropriation shall remain in the State
treasury and be held as an emergency appropriation, to be used only
by said canal commissioners in case of damage or accident to said
canal, for the repairing of which there is no other fund which said
commissioners can use for the purpose of repairing or protecting
said canal.
§ 2. The emergency appropriation made by this act shall only be
paid out upon a detailed statement made by the canal commissioners,
showing the need therefor, filed with the Auditor, bearing the order
of said canal commissioners, and approved by the Governor.
§ 3. Said board of canal commissioners shall keep an accurate
account of the amount of such emergency appropriation received by
them, if any, together with their disbursements and expenditures of
such emergency appropriation, if any, showing for what and how
said sum was expended, which report shall accompany their annual
report to the Governor and be made a part thereof.
§ 4. Whereas, The present condition of said canal is such as to
demand immediate rej)airs in order that the same may be maintained
in a safe and navigable condition, therefore an emergency exists and
this act shall take effect upon and after its passage.
Approved June 7, 1897.
APPROPRIATIONS. 27
ILLINOIS STATE POULTRY ASSOCIATION.
§ 1. Illinois State Poultry and Pet Stock I ? 3. Annual Exhibition.
Association legalized. g 4. Appropriates $2,000 for the use and ben-
§ 2. Officers. Bonds. I eflt of the Association. How drawn.
An Act legalizing the Illinois State Poultry Association, to define cer-
tain duties of said association, to make an appropriation therefor.
Section 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly, That the regularlj^ organized
and incorporated society known as the Illinois State Poultry and
Pet Stock Association, whose articles of incorporation are recorded
in the office of the Secretary of State, be and the same is hereby
legalized by the State of Illinois.
§ 2. The officers of this corporation shall consist of a president,
vice president, secretary, treasurer and executive committee, consist-
ing of five responsible men. Secretary to give bond for two thou-
sand dollars, treasurer to give bond for five thousand dollars, to be
approved by the president and executive committee. The officers
shall be elected annually at the regular meeting in January by a
majority of the members of said association.
§ 3. The Illinois State Poultry and Pet Stock Association shall
hold the annual exhibition during the month of January, at such
place in the State as the officers may select, the object of which shall
be for the advancement along poultry lines, such as exhibition of
poultry, gathering statistics and diffusing practical knowledge on sub-
jects pertaining to the poultry interests of the State, by addresses,
papers, discussions and such other means as the officers may direct.
§ 4. The sum of two thousand dollars is hereby appropriated out
of any money in the State treasury not otherwise appropriated for
the use and benefit of said association, and the State Auditor is
hereby authorized to draw his warrant for the same and deliver to the
president and treasurer of the Illinois State Poultry and Pet Stock
Association, upon their presenting proper vouchers therefor, certified
to by the president and secretary of said association, said amount to
be used for the purpose of premiums and defraying the expenses in-
curred in holding their annual exhibition, such as getting out prem-
ium lists and for such other purposes as in the judgment of the offi-
cers shall best subserve the poultry interests of the State of Illinois.
Approved June 9, 1897.
28 APPROPEIATIONS.
INDUSTRIAL HOME FOR THE BLIND.
I 1. Appropriates $13,900 for repairs, appli- § 2. How drawn,
ances, library, instructors, etc.. and
$8,000 per annum for ordinary running
expenses.
An Act making ajpyropriations for the Illinois Industrial Home for
the Blind at Chicago.
Section 1. Be it enacted hy the Peojjle of the State of Illinois,
represented in the Genercd Assembly, That there be and hereby is ap-
propriated to the Illinois Industrial Home for the Blind at Chicago
the following amounts, for the purposes hereinafter named.
For completing the fourth floor of dormitory and the basement
and furnishing same, five thousand dollars ($5,000) .
For tanks and fixtures for factory and dormitory, fifteen hundred
dollars ($1,500) .
For moving and rebuilding refrigerator, one hundred and fifty
dollars ($150) .
For moving hot water tank, two hundred dollars ($200).
For building vaults for books and records, seven hundred' and fifty
dollars ($750).
For repairs and i^ainting of building and laying walks around
ground, one thousand dollars ($1,000) .
For necessary appliances in establishing industries for female in-
mates, one thousand five hundred dollars ($1,500) .
For instructors, four thousand dollars ($4,000).
For library for the blind, three hundred dollars ($300).
For ordinary running expenses, eight thousand dollars ($8,000) per
annum.
§ 2. The moneys herein appropriated shall be due and payable
to the trustees of said institution on their order only on the terms
and in the manner now provided by law.
Approved June 11, 1897.
APPROPRIATIONS. 29
MONUMENTS TO MARK BATTLEFIELDS AT CHICAMAUGA, GEORGIA, LOOK-
OUT MOUNTAIN AND MISSIONARY RIDGE.
§ 5. Commisioner to use unexpended balance. Emergency.
An Act to amend an act entitled "An act to provide for the erection
of monuments to mark the positioyis occupied hy Illinois Volunteers
in the battles of Chicamauga, Georgia, Lookout Mountain and
Missionary Ridge, Tennessee'^ approved May 22, 1895, by adding
another section thereto.
Whereas, The commissioners appointed under said act have as-
certained that owing to the fact that the United States government
has only obtained a right of way fifty feet in width along the crests
of Missionary Ridge and Lookout Mountain, and that owing to the
precipitous character in many places of such right of way, it is im-
possible to erect monuments upon said battlefields of Missionary
Ridge and Lookout Mountain to each individual regiment and bat-
tery, as contemplated by section 2 of said act; and.
Whereas, Said commissioners, from the amount appropriated by
said act for the construction, delivery and erection of such monu-
ments and markers to each of said individual regiments and batteries,
have still on hand and unexpended the sum of over forty thousand
dollars available for that purpose; therefore.
Be it enacted by the People of the State of Illinois, represented in
the General Assembly: Section 5. That said commissioners be and
they are hereby authorized and empowered to use said unexpended
balance, or such part or portion thereof as may be by them deemed
advisable in the construction, delivery and erection of one or more
group monuments upon said battlefields of Missionary Ridge and
Lookout Mountain, made of granite and appropriately inscribed to
the several regiments and batteries of Illinois volunteers engaged in
said battles, and in the construction, delivery and erection of markers
for each regiment and battery engaged in said battles, all at a cost,
however, not to exceed the said unexpended balance now in the hands
of said commissioners, and said unexpended balance is hereby reappro-
priated for that purpose.
Whereas, An emergency exists, therefore this act shall take effect
and be in force from and after its passage.
Approved June 9, 1897.
30 APPROPRIATIONS.
MORRILL SPRAGUE AND ELIZABETH H. RYAN.
§ 1. Appropriates $81.50 to pay Morrill § 2. How drawn,
Sprague and Elizabeth H. Ryan for
services rendered the State in the
Cutting: case.
An Act to appropriate money to pay for services rendered the State
of Illinois in the case of Catharine Cutting against the State of
Illinois, before the Commission of Claims.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That there be and is hereby ap-
propriated to Morrill Sprague, Joliet, Illinois, the sum of fifty dol-
lars ($50), and to Elizabeth H. Ryan, Joliet, Illinois, the sum of
thirty-one and 50-100 dollars ($31.50-100), for services rendered
in taking depositions of witnesses called on behalf of the
State in the case of Catharine Cutting against the State before the
commission of claims.
§ 2. The Auditor of Public Accounts shall draw warrants in favor
of said persons respectively for the amounts herein appropriated,
and the State Treasurer shall pay the same out of any money in the
treasury not otherwise appropriated.
Approved June 7, 1897.
MRS. ALBERT W. WELLS.
§ 1. Balance of salary due Hon. Albert W. I § 2. Emergency.
Wells, deceased. I
An Act to pay the balance of the salary of Hon. Albert Wellslto his
widow, Mrs. Albert W. Wells.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the Auditor of Public Ac-
counts is hereby authorized and directed to pay to Mrs. Albert W.
Wells, of Quincy, Illinois, the balance of the salary due Hon. Albert
W. Wells, deceased, from the date of his death until the expiration
of the present session of the General Assembly.
§ 2. Whereas an emergency exists, therefore this act shall take
ejffect and be in force from and after its passage.
Approved June 9, 1897.
APPROPEIATIONS. 31
MES. WILLIAM MCADAMS
g 1. Appropriates $100 to pay the widow of i § 2. How drawn,
the late William McAdams, I
An Act for an appropriation for the purpose of paying certain
claims to the widow of the late William McAdams for services
rendered the WorUVs Fair.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly : That there be and* there is
hereby appropriated out of the State treasury the sum of $100.00
for the purpose of paying to the widow of the late William McAdams
for services rendered the world's fair.
§ 2. The Auditor of Public Accounts is hereby authorized to
draw his warrant on the State Treasury for any part of said amount
upon an itemized statement of iDroofs, certified to by the Secretary
of State and apx^roved by the Grovernor.
Approved June 10, 1897.
I 1. Appropriates $30,000 to pay the indebt-
edness of the Illinois National Guard
for the year ending June 30,1897.
NATIONAL GUAED.
? 2. How drawn.
§ 3. Emergency.
An Act making an appropriation for the Illinois National Guard.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly : That there be and is hereby
appropriated the sum of thirty thousand (30,000) dollars, or so
much thereof as may be necessary, to paj^ the indebtedness of the
Illinois National Guard for the year ending June 30, 1897.
§ 2. The Auditor of Public Accounts is hereby ordered to draw
his warrant upon the State Treasurer for the money hereby appro-
priated, upon presentation of proper vouchers certified to by the
Adjutant General and approved by the Governor, and the Treasurer
shall pay the same out of the money hereby appropriated.
§ 3. Wheeeas, An emergency exists, and this act shall take effect
from and after its passage.
Appeqved May 27, 1897.
32
APPROPEIATIONS.
NATIONAL GUARD.
§ 1.
Appropriates $205,000 per annum for
ordinary and contingent expenses.
2. How drawn.
An Act to provide for the ordinary and contingent expenses of the
Illinois National Guard and the' improvement and repair of the
rifle ranges of tlie Illinois National Guard.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly: That the sum of two
hundred and five thousand ($205,000) dollars per annum, or so much
thereof as may be necessary, is hereby appropriated to xoay the
ordinary and contingent expenses of the Illinois National Guard and
for the improvement and repair of the rifle ranges for the Illinois
National Guard.
§ 2. The Auditor of public Accounts is hereby authorized and
directed to draw his warrant for the sum herein specified, upon the
presentation of proper vouchers, certified to by the Adjutant Gen-
eral and apxDroved by the Governor, and the Treasurer shall pay the
same out of the proper fund.
Approved May 27, 1897.
national guard.
1. Appointment of Board of Commis-
sioners.
2. Board of Commissioners to exercise
general management.
I 3. Executive officer.
? 4. Appi-opriates $10,000 to pay expenses.
§ 5. Buildings.
An Act making an appropriation for payment of the expenses of
forming parade grounds and erecting an armm'y for the use of
tliose organizations of the Illinois National Guard stationed in
the City of Chicago.
Whereas, The City of Chicago has, by an ordinance passed by
the council of said city on the 27th day of July, 1896, entitled "An
ordinance granting consent to the South Park Commissioners to
take, regulate, control and govern all that part of the Lake Front
Park lying south of the north line of Jackson street extended east,"
in the seventh section of said ordinance dedicated "All that portion
of said Lake Front Park lying east of the easterly line of the Illi-
nois Central Railroad Company's right of way, and lying north of
the north line of Monroe street extended to the east limits of said
park at the outer sea wall," "to the use of the local military com-
APPROPEIATIONS. ^33'
parties of the Illinois National Guard for the purpose of parade
grounds and a site for armory and other like uses by said military
organizations, * and,
Wheeeas, It is highly advisable that there be an established and
suitable parade ground and armory for such organizations;
therefore,
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That a board of commission-
ers, to consist of three members, to be appointed and subject to re-
moval by the Governor, is hereby constituted for the purpose of
planning and constructing a parade ground and armory on the above
named grounds solely for such organizations, and their successors, of
the Illinois National Guard. In case of the death or resignation of
any member or members of such board before the completion of the
work provided for by this act, the remaining members shall elect
another, or others, to fill the vacancy or vacancies, subject to the-
approval of the Governor.
§ 2. The said board of commissioners shall exercise the general
management, control and supervision of all matters pertaining
to the ground and structure, shall make and authorize to be made
the necessary contracts for the building, fittings, labor and material
required to accomplish the puri30ses of this act, and shall pay the
cost and expenses of the same and the expenses of the said board
from the funds hereinafter appropriated for the purpose. All con-
tracts, however, shall be submitted to the Governor of this State for
his approval before they are signed. The said board shall also, at
the expiration of sixty days after their appointment hereunder, and
at the expiration of each successive jjeriod of sixty days, make to the
Governor of this State a full detailed report of the transactions and
expenditures of said board under the authority conferred and in dis-
charge of the duties imposed ujjon said board by this act.
§ 3. The said board of commissioners may, in their discretion,
employ a comx3etent i3erson as an executive officer for continuous
service in connection with the accomplishment of the purpose of
this act, whose powers and duties shall be prescribed by said board
of commissioners and wdiose compensation shall be fixed by them,
subject to the approval of the Governor. Said executive officer shall
be removable at the pleasure of said board of commissioners. The
said board shall elect a president from among their own members,
and a secretary.
§ 4. The sum of ten thousand (10.000) dollars for the year be-
ginning July 1, 1897, or so much thereof as may be necessary for the
purpose, is hereby appropriated to defray the cost and expenses of
the work contemplated by this act, to be paid by the State Treasurer
from funds not otherwise appropriated, upon warrants drawn by the
Auditor of Public Accounts, which warrants shall be drawn only
upon vouchers accompanied by itemized bi)ls, signed by the presi-
dent of said board of commissioners, countersigned by the secretary
thereof and approved by the Governor.
—3
34 APPROPRIATIONS.
§ 5. The building authorized by this act to be constructed, and
all imxDrovements made on the grounds thereabout, with the funds
provided by this act, shall remain the property of the State of Illi-
.nois. Before any money is drawn from the treasury for the pur-
poses of this act, the city of Chicago shall enter into a contract with
the said board of commissioners, as herein provided, to the effect
that the right of the State of Illinois to the use and occupation by
said organizations of all the land to be utilized for said parade
grounds and armory, to-wit: All that portion of said Lake Front
Park lying east of the easterly line of the Illinois Central Railroad
Company's right of way and lying north of the north line of Monroe
street extended to the east limits of said park at the outer sea wall,
as set forth in section seven of an ordinance passed by the city coun-
cil of Chicago on the 27th day of July, 1896, entitled, "An ordinance
granting consent to the South Park Commissioners to take, regulate,
control and govern all that part of the Lake Front Park lying south
of the north line of Jackson street extended east," shall be perpetual,
and the title to all buildings, improvements and fixtures put thereon
under the provisions of this act shall be and remain in the State of
Illinois. The said board of commissioners are hereby authorized
and required to make and enter into the contract provided for here-
in, on the part of the State, after the same shall have been approved
by the Governor of the State.
Approved June 11, 1897.
NORTHERN ILLINOIS STATE NORMAL SCHOOL
§ 1. Appropriates 825,000 for the year 1897. § 2. How drawn,
and §50,000 for the year 1898, for the
purpose of completing, heating and
lighting school.
An Act making appropriation for the Northern Illinois State
Normal School.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That the sum of twenty-five
thousand dollars, for the fiscal year beginning July 1, 1897, and the
sum of fifty thousand dollars, for the fiscal year beginning July 1,
1898, be and is liereby appropriated to the Northern Illinois State
Normal School, for the purpose of completing said school building,
improving the grounds, purchasing the necessary heating and light-
ing apparatus, plumbing, furniture and such other fixtures and sup-
plies as may be required to carry out the provisions of an act ap-
proved May 22, 1895, to establish and mairtain the said Northern
Illinois State Normal School.
APPROPEIATIONS. ' 35
§ 2. That the Auditor of Public Accounts is hereby authorized
and required to draw his warrant upon the Treasurer for the afore-
said sum of money, upon the order of the board of trustees of said
Northern Illinois State Normal School, signed by the president and
attested by the secretary of said board, with corporate seal of said
institution attached, and approved by the Governor.
Approved June 10, 1897.
PAINTING PORTEAIT OF EX-GOVERNOR JOHN P. ALTGELD.
;i 1. Appropriates a sum not to exceed $1,000 for painting a portrait of ex-Governor John P .
Altgeld.
An Act making appropriation for the painting of a xwrtrait of ex-
Governor John F. Altgeld.
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 money in the treasury not otherwise appro-
priated a sum sufficient to have painted and framed a portrait of ex-
Oovernor John P. Altgeld, to be hung in the executive office: Pro-
vided, said amount shall not exceed the sum of one thousand dollars,
lo be paid on order of the Secretary of State and approved by the
^Governor.
Approved June 3, 1897.
PAINTING SUPREME COURT BUILDING.
^ 1. Appi-opriates $3,000 for the purpose of painting and repairing Supreme Court building
at the city of Mt. Vernon.
An Act making an appropriation for the painting and repairing of
Supreme Court building in the city of Mt. Vernon.
Section 1. Be it enacted by the People of the State of Illinois,
•represented in the Genercd Assembly : That there is hereby appro-
priated the sum of three thousand dollars ($3,000) , or so much there-
•of as may be necessary, for the purpose of painting and repairing
the Supreme Court building at the city of Mt. Vernon, Illinois.
Said painting and repairing to be under the supervision of the clerk
of the ApxDellate Court of the fourth district, payment to be made
upon bills certified by at least two judges of said Appellate Court,
approved by the Governor.
Approved June 7, 1897.
36
APPROPRIATIONS.
PENITENTIARIES — JOLIET.
1. Enacting clause.
2. Appropriates $100,000 per anniim
contingent expenses.
for
§ 3. Appropriates $25,000 per annum for
painting, relaying floors, etc., and for
construction of walls and gates to
enclose the prison for the use of fe-
male convicts $20,000, and for reser-
voir, water mains, etc., $8,000,
? 4. How drawn.
An Act making appropriations for the Illinois State Penitentiary
at Joliet for the two years heginning July 1, 1897, and ending'
July 1, 1899.
Section 1. Be it enacted^ by the People of the State of Illinois^
represented in the General Assembly : That the following sums be
and the same are hereby appropriated for the purposes hereinafter
named and none other, and payable only according to law,
§ 2. To the Illinois State Penitentiary at Joliet, for contingent
expenses, the sum of one hundred thousand (100,000) dollars per
annum, or so much thereof as may be necessary.
§ 3. For painting, relaying floors, repairing and renewing roofs-
and walls of buildings, renewing and rebuilding steam and water-
pipes, engines, boilers and machinery, and making such other re-
pairs and renewals as may be required to keep said prison plant in
ordinary repair, the sum of twenty-five thousand (25,000) dollars per
annum, or so much thereof as may be necessary.
For construction of suitable walls and gates to enclose the prison
for the use of female convicts, the sum of twenty thousand (20,000)
dollars.
For the purchase of one hot water heater and connecting same
with boiler, twelve hundred (1,200) dollars.
For apparatus for handling coal, also preparing room for storage
of coal in boiler house, five thousand (5,000) dollars.
For preparing suitable reservoir, water mains and filter for pro-
viding water supply for steam purposes, and conducting the same
from the canal to the power house, the sum of eight thousand (8,000)
dollars.
§ 4. The Auditor of Public Accounts is hereby authorized to-
draw his warrant upon the State Treasurer for the moneys herein-
before appropriated, upon the order of the board of commissioners
of said penitentiary, signed by the president and attested by the
secretary, with the seal of said institution attached, and approved by
the Governor.
Approved June 7, 1897.,
APPROPRIATIONS. 37
P ENITENTI ARIES — SOUTHERN.
;g 1. Appropriates §89,556.49 to meet de- § 3. Emergencj'.
flciency in the ordinary expenses and
§8,000 for bills of February.
? 2. How drawn.
An Act to pj^ovkle for a deficiency in the ordinary expenses of the
Southern lUinois Penitentiary, and for the repairs of buildings
(lam aged by fire.
Section 1. Be it enacted by tlie People of the State of Illinois,
■represented in the General Assembly: That the sum of $89,556.49,
■or so much thereof as may be necessary, be and is hereb)^ appropri-
ated to meet a deficiency in the ordinary expenses of the Southern
Illinois Penitentiary for the fiscal year ending June 30, 1897, and
the further sum of $8,000 for bills for February account of ordinary
■expenses.
§ 2. The moneys hereby apjjropriated shall be due and payable
to the commissioners of the Southern Illinois Penitentiary, or their
■order, only on the terms and in the manner now provided by law.
§ 3. Whereas, The money hereby appropriated is needed at
once for the xoayment of debts already contracted, and the payment
of the ordinary expenses of the said penitentiary; therefore, an emer-
gency exists, and this act shall take effect from and after its passage.
Approved May 4, 1897.
penitentiaries — SOUTHERN.
§ 2. How drawn.
^ 1. Appropriates for ordinary expenses,
and to enable the commissioners to
keep the convicts employed, etc.,
$100,000.00 per annum; and for con-
tingent expenses, repairs, improve-
ments, etc., $48, 100.00.
An Act making an appropriation for the Southern Illinois Peniten-
tiary, and to enable the commissioners thereof to keep employed
the convicts now idle or ivithout profitcd)le employment in said pen-
itentiary.
Section 1. Be it e?iacted by the People of the Stcde of Illinois,
represented in the Genercd Assembly: That the following amounts,
or so much thereof as may be necessary, be and the same are hereby
appropriated to the Southern Illinois Penitentiary for purposes here-
inafter named and no other:
38 APPROPRIATIONS.
For ordinary expenses for the two years ending June 30, 1899, and
to enable the commissioners to keep employed the convicts now idle
or without profitable employment in said penitentiary, and the com-
missioners are hereby authorized to expend so much of the amount
hereby appropriated as may be necessary for tools, machinery, fix-
tures and materials sufficient to keep employed, as nearly as may be,,
all prisoners who are now or may hereafter become idle, and to pro-
vide for the sale of goods therein manufactured, and said commis-
sioners shall employ said prisoners at such occupations as are best
adapted to secure their health, discipline and reformation, the sum
of one hundred thousand dollars ($100,000) per annum.
For contingent expenses, ten thousand dollars (|10,000) .
For the necessary materials and the building of a stone wall around
the prison 24 feet high, ten thousand dollars ($10,000).
For replumbing the warden house and putting in a new heating
system, eight thousand dollars ($8,000).
For repairs and refurnishing, six thousand dollars ($6,000) .
For the necessary materials and the building of a store house, en-
gine room and enameling room for the foundry, four thousand five
hundred dollars ($4,500).
For the necessary materials and the building of an additional house
to increase the knitting department, three thousand dollars ($8,000) .
For the pxirchase of milch cows for the use of the prison, one thou-
sand dollars ($1,000) .
For the repairing of cow and hog barns, and fencing the yards,
connected therewith, one thousand dollars ($1,000).
For the purchase of two teams of horses, four hundred dollars
($400).
For the purchase of six pairs of mules, twelve hundred dollars
($1,200).
For the purchase of machinery and the necessary materials to put
the machinery department in repair and of sufficient capacity for the
prison, two thousand five hundred dollars ($2,500) .
For maintaining library, two hundred and fifty dollars ($250) per
annum.
§ 2. The Auditor of Public Accounts is hereby authorized to draw
his warrant upon the State Treasurer for the moneys herein ai^pro-
priated in such sums and at such times as the same may be required,
upon the order of the board of commissioners of said penitentiary,
signed by the president and attested by the secretary, with the seal
of said institution and the approval of the Governor thereto attached^
Approved May 14, 1897.
APPEOPEIATIONS. 39
EAILROAD AND WAREHOUSE COMMISSIONERS.
g 1- Appropriates SI, 100 to pay expenses of suits, investigations, etc., and $200 for publica
tion of schedules, etc. Emergency.
An Act to provide for a deficiency in the expenses of the office of
the Board of Railroad and Warehouse Commissioners for the
fiscal year ending June 30, A. D. 1897.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly : That the following named
sums, or so much thereof as may be necessary, respectively for the
purposes hereinafter named, be and are hereby appropriated for the
expenses of the Board of Railroad and Warehouse Commissioners for
the fiscal year ending with the 30th of June, A. D. 1897:
First — To the Board of Railroad and Warehouse Commissioners
for any expenses incurred in suits or investigations commenced by
authority of the State under any law now in force, or hereafter en-
acted, empowering or entrusting the Board of Commissioners, inchid-
ing the fees of experts employed and clerical help, the sum of $1,100;
and for the printing and publication of schedules of reasonable max-
imum rates of charges for the transportation of passengers, freights
and cars, made or revised for any or all of the railroads of the State,
as j)rovided by law, the sum of $200, to be paid on bills of particulars
certified to by the Railroad and Warehouse Commission and ap-
proved by the Governor.
Second — Whereas, Said sums of money are immediately necessary,
therefore an emergency exists, and this bill shall take effect from and
after its passage.
Approved May 27, 1897.
SOLDIERS WIDOWS HOME.
i 1. Appropriates for ordinary expenses, $15,000 per annum, and for new wing, fencing, tele-
phone, horses, carriages, cows, repairs, plumbing and furnishing-, 826,100.
An Act making appropriations for the Soldiers' Widows' Home of
for the two years beginning July 1, 1897, and endiyig July 1, 1899
■ Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That the following sums be
and are hereby appropriated for the purpose hereinafter named and
none other, and payable according to law:
40 APPROPEIATlONS.
Appropriation for ordinary expenses of Soldiers'
Widows' Home of Illinois, $15,000 per annum
For one wing of a new building to accommodate
forty persons 20,000
Fencing and improving grounds 500
Telephone and connection 300
Horses 200
Carriages 100
Cows 200
Feed for horses and cows 300
Painting and general repairs 500
Plumbing and heating apparatus 2,000
Furnishing new building 2,000
Approved June 10, 1897.
STATE BOARD OF AGRICULTURE.
2. How drawn.
? 3. Biennial report to Governor.
I 1. Appropriates $13,920 per annum for sal-
ary of secretary, clerk hire, porter,
etc., and $10,000 for the encourage-
ment of an exhibit at the Fat Stock
Show.
An Act making appropriations for the State Board of Agriculture
and County and other Agricultural Fairs.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General, Assembly, That there be and is hereby
appropriated to the State Board of Agriculture the following sums,
to- wit:
For the encouragement of an exhibit at the State Fair, the sum of
five thousand dollars ($5,000) per annum for the years 1897 and 1898;
for the encouragement of an exhibit at the Fat Stock Show, the sum
of ten thousand dollars ($10,000) , and for the use of each county or
other agricultural society, the sum of two hundred dollars ($200)
per annum, to be paid to the treasurer of the society for fairs held
in 1896 and 1897.
For the salary of secretary, the sum of twenty-five hundred dollars
($2,500) per annum for the years 1897 and 1898.
For clerk hire, the sum of twenty-two hundred dollars ($2,200)
X3er annum for the years 1897 and 1898.
For curator, the sum of eight hundred dollars ($800) per annum
for the years 1897 and 1898.
For porter, the sum of seven hundred and twenty dollars ($720)
l^er annum for the years 1897 and 1898.
APPEOPEIATIONS. 41
For the as^ricultural museum, the sum of three hundred dollars
<$300) per annum for the years 1897 and 1898.
For the expense of collecting, compiling and publishing live stock
•and agricultural statistics, the sum of six hundred dollars ($600) per
•annum for the years 1897 and 1898.
For the agricultural library, the sum of four hundred dollars
($400) per annum for the years 1897 and 1898.
For office expenses, furniture, repairs, postage, expressage, etc.,
Ihe sum of twelve hundred dollars ($1,200) per annum for the years
1897 and 1898.
§ 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 draw his warrant
upon the Treasurer, in favor of the treasurer of the Illinois State
Board of Agriculture for the sums herein appropriated: Provided,
that each warrant on account of county or other agricultural fairs
shall show the agricultural society for whose benefit the same is
drawn, and that no warrant shall be drawn in favor of any agricul-
tural society unless the order aforesaid be accompanied by a certifi-
cate of the State Board of ^Agriculture, showing that such agricul-
tural society held an agricultural fair during the preceding year in
compliance with the rules and regulations as provided by said State
Board of Agriculture: Provided, farther, that no warrant shall be
drawn in favor of any agricultural society until the president and
treasurer of such society file an affidavit with the State Board of
Agriculture that no wheel of fortune or other gambling device was
licensed or allowed upon their fair grounds.
§ 3. It shall be tjie duty of the treasurer of the State Board of
Agriculture, on the order of the president, countersigned by the
rsecretary of the State Board of Agriculture, to pay over to the treas-
urer of each agricultural society the sum received for its use and
benefit, as aforesaid, and make biennial report to the Governor of
.all such approisriations received and disbursed by him.
Approved June IL 1897.
•42 APPROPRIATIONS.
STATE BOARD OF AGRICULTURE.
§ 1. Appropriates $71,500 for the construe- §2. How drawn,
tion of permanent buildings and the
improvement of the State Fair
grounds.
An Act making appropriation for the State Board of Agriculture,,
to he used in the construction of permanent buildings and improve-
ments, and for beautify ing the State Fair Grounds at Springfield,
Illinois.
Section 1. Be it enacted by the People of the State of Illinois,
refjresented in the General Assembly, That the sum of seventy-one
thousand five hundred dollars ($71,500), or so much thereof as may
be necessary, out of the State treasury not otherwise appropriated,
be and the same is hereby ajjjpropriated to the State Board of Agri-
culture for the construction of permanent buildings for the State
Fair and for the improvement and beautifying of the State fair
grounds, viz.:
For a poultry building, the sum of ten thousand dollars ($10,000).
For additional stables for horses and cattle, the sum of fourteen
thousand dollars ($14,000).
For the improvement and beautifying of the grounds, the sum of
ten thousand dollars ($10,000) .
For an extension to machinery hall, the sum of ten thousand dol-
lars ($10,000).
To reimburse the State Board of Agriculture for moneys advanced,
the sum of twenty-seven thousand five hundred dollars ($27,500) .
§ 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 draw his warrant
upon the State Treasurer in favor of the treasurer of the Illinois State
Board of Agriculture for the sums herein appropriated: Provided,
that all of said money shall be paid in installments from time to
time as the same shall be needed to pay for the improvements author-
ized by this act, and on vouchers to be approved by the Governor.
Approved June 11, 1897.
APPEOPEIATIONS. 43-
STATE BOARD OF ARBITRATION.
§ 1. Enacting' clause. § 3. How drawn.
§ 2. Appropriates for stationery, postage § 4. Emergency,
and other expenses of the oiiice $500;
for traveling expenses of the mem-
bers and the secretary. $400.
An Act making appropriations for the State Board of Arbitration,
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly, That the following sums be
and the same are hereby appropriated for the purposes hereinafter
named:
§ 2. For care, stationery, postage and other necessary expenses of
the office of the State Board of Arbitration, from August 2, 1895, to
July 1, 1897, the sum of five hundred dollars (|500) , or so much
thereof as may be necessary.
For necessary traveling expenses of the members of the State
Board of Arbitration, and of the secretary of the board, from August
2, 1895, to July 1, 1897, the sum of four hundred dollars ($400)\ or
so much thereof as may be necessary.
§ 3. The Auditor of Public Accounts is hereby authorized to draw
his warrant on the Treasurer of the State for the above amounts-
upon presentation of vouchers projperly approved as i^rovided by
law.
§ 1:. Whereas, The said State Board of Arbitration is without any
appropriation to defray the ordinary expenses of its ofiice, or the
traveling expenses of its members and secretary, therefore an emer-
gency is declared to exist, and this act shall be in force from and
after its x^assage.
Approved March 10, 1897.
state board of equalization.
? 1. Appropriates $2,264.40 to pay balance §2. How drawn,
due the members of the State Board
of Equalization.
An Act to appropriate money to pay a deficiency in the expenses of
the State Board of Equalizaiion for the sessions held in 1895 and
1896.
. Section 1. Be it enacted by the People of tlie State of Illinois,
represented in the General Assembly, That there be and is hereby
appropriated the sum of two thousand two hundred sixty-four and
44 APPROPRIATIONS.
40-100 ($2,264.40) dollars for balance due the members of the State
Board of Equalization for per diem for holding sessions of the board
in the years 1895 and 1896.
§ 2. The Auditor of Public Accounts shall draw his warrant for
the balance due each of the members of said board, as shown by the
pay rolls, certified by the chairman of the State Board of Equaliza-
tion, and filed in the Auditor's office.
Approved May 14, 1897.
STATE BUREAU OF LABOR STATISTICS.
% 1. Appropriates S3, 350 to defray expenses I § 2. How drawn,
of the Commissioners of Labor Sta-
tistics. I
An Act to approiyriate money to pay a deficiency in the expenses of
the State Bureau of Labor Statistics.
■ Seection 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That there be and is hereby
appropriated the sum of $3,350 to defray the current office expenses
and the p)er diem and expenses of the Commissioners of Labor Sta-
tistics to July 1, 1897.
§ 2. The Auditor of Public Accounts is hereby authorized to
draw his warrant upon the State Treasurer for the money herein ap-
propriated, upon presentation of proper vouchers, to be certified
by the president and secretary of the board and approved by the
Governor.
Approved June 7, 1897.
2 1. Appropriates to the State Charitable
Institutions for the year 1897, $1,300,-
500.00.
I 2. Appropriates to the State Charitable
Institiitions for the year 1898, $1,300,-
500.00.
STATE CHARITABLE INSTITUTIONS.
3. How drawn.
500.00
An Act making an appropriation for the ordinary expenses of the
Stcde Institidions herein named.
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 for the jDurpose of defraying the ordinary expenses of
APPEOPRIATIONS. 45
the State Institutions named in this act for the year beginning July
1, 1897, the sum of $1,800,500, payable quarterly in advance, and that
the said appropriation shall be apportioned between the institutions
as follows:
To the Northern Hospital for the Insane $162,000
To the Eastern Hospital for the Insane 308,000
To the Central Hospital for the Insane 150,000
To the Southern Hospital for the Insane 140.000
To the Asylum for Insane Criminals 35,000
To the Institution for the Deaf and Dumb 95,000
To the Institution for the Blind 50,000
To the Asylum for Feeble-minded Children 105,000
To the Soldiers' and Sailors' Home 150,000
To the Soldiers' Orphans" Home 57,500
To the Charitable Eye and Ear Infirmary 28,000
To the Home for Juvenile Female offenders 20,000
§ 2. For the purpose of defraying the ordinary expenses of said
institutions for the year beginning July 1, 1898, the sum of $1,300,-
500 is ajjpropriated, payable quarterly in advance, and at the same
rate thereafter until the expiration of the first fiscal quarter after the
adjournment of the next General Assembly, which amount shall be
apportioned between the institutions as follows:
To the Northern Hospital for the Insane $162,000
To the Eastern Hospital for the Insane 308,000
To the Central Hospital for the Insane ' 150,000
To the Southern Hospital for the Insane 140,000
To the Asylum for Insane Criminals 35,000
To the Institution for the Deaf and Dumb 95,000
To the Institution for the Blind 50,000
To the Asylum for Feeble-minded Children 105,000
To the Soldiers" and Sailors' Home 150,000
To the Soldiers' Orphans' Home 57,500
To the Charitable Eye and Ear Infirmary 28,000
To the Home for Juvenile Female offenders 20,000
§ 3. The money herein appropriated shall be due and payable to
the trustees of the several institutions named, or to their order, only
on the terms and in the manner provided in the nineteenth section
of an act entitled "An act to regulate the State Charitable Institutions
and the State Reform School and to improve their organization and
increase their efficiency," approved April 15, 1875.
Approved June 10, 1897.
46
APPROPRIATIONS.
STATE CHARITABLE INSTITUTIONS.
§ 1. Appropriates to the State Charitable § 2. How drawn.
Institutions $64,800 per annum, and
$153,200 special.
An Act making appropriations to the State Institutions herein
named.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That the following sums be
and are hereby appropriated to the State Institutions named in this
act, for the purposes herein stated:
TO the northern hospital for the insane, ELGIN:
Por repairs and improvements $7,000 per annum
For painting 2,000 per annum
For the care and improvement of grounds 1,000 per annum
For maintenance of library 500 per annum
For milch cows 1,500 ,
For new beds and furniture 3,000
For repairs to farm buildings and implements . . 2,500
For roof on main building 2,000
For fencing 500
For repairs on root house 500
For overhauling steam plant 2,000
For repairing annex smoke stack 1,000
For connections with city water main 2,000
For covered walks to dining-room 2,000
For repairing dwelling houses for employes. . . . 1,000
For "Tobey" heater 1,000
For improvement of kitchen 1,000
to THE eastern HOSPITAL FOR THE INSANE, KANKAKEE:
For repairs and improvements $10,000 per annum
For furniture fund 2,500 per annum
For live stock, implements, etc 2,000 per annum
For additions to and improvement of electric
plant. 1,250 ^&r annum
For maintenance of pathological department.. 1,250 per annum
For library and medical books 1,000 per annum
For painting ' 5,000
For improvement of grounds 1,000 per annum
APPROPRIATIONS. 47
For imxDrovements in drainage and sewerage. . . . $1,000 per annum.
For new boilers and improvements in heating
and power plants 5,000
For filtering basins and reservoir 10,000
For new and repairing old plumbing 5,000
For repairs ta slate roofs 3,000
TO THE CENTRAL HOSPITAL FOR THE INSANE, JACKSONVILLE:
For repairs and improvements $4,000 per annum.
For painting 2,500
For maintenance of library 500 per annum.
For plumbing and improved bath facilities 3,000
For rejjairs to greenhouse 500
For electric pump and pipe for water supj^ly . . . 4,500
For water heaters for boilers 1,000
TO THE SOUTHERN HOSPITAL FOR THE INSANE, ANNA:
For repairs and improvements $4,000 per annum.
For maintenance of library 200 per annum.
For roads and grounds 750 per annum.
For replacing library destroyed by fire 500
For painting 3,000
For repairs to sewerage 2,500
For changing xDlumbing 2,000
For arc dynamo 1,800
For equipment of fire department 1,000
For installing electric plant 1,000
For new boiler house 4,000
TO THE ASYLUM FOR INSANE CRIMINALS, CHESTER:
For repairs and improvements $1,500 per annum.
For furnishing and furniture 1,500 per annum.
For maintenance of library 100 per annum.
For building vegetable house 1,000
For building cow house and piggery 500
For live stock, wagon, buggy and harness 500
For electrical supplies 500 per annum.
For water supply 600
48 APPROPRIATIONS.
To build' a stone wall for the purpose of pre-
venting ground in front of asylum from wash-
ing away and injuring the building $3,000
For new laundry 1,500
For fitting up court 600
For painting 500
For new sewering 300
For new floor in cell house 400
For re-wiring old building 350
For re-j)lumbing 350
TO THE HOME FOR JUVENILE FEMALE OFFENDERS, GENEVA:
For finishing and furnishing third story present
building $6,000
For repairs and imjprovements 1,000
For extra water supply 500
For improvement of grounds 500
For horses, cows, imiDlements and vehicles .... 700
For library 200
TO THE CHARITABLE EYE AND EAR INFIRMARY, CHICAGO:
For repairs and improvements $6,000
For furniture 3,000
For laundry (sterilizer, $2,000, machinery,
$3,000) :.... 5,000
For household expenses 2,000
For clothing and bedding 3,000
For instruments and apparatus 2,000
TO THE soldiers' ORPHANS' HOME, NORMAL:
For repairs and improvements $2,500 per annum
For maintenance of library 300 per annum
For iron bedsteads 1,000
For ice house : . 400
For outside painting 1,500
For equipment of manual training school 5,000
For sewerage system 6,000
TO THE soldiers' AND SAILORS' HOME, QUINCY:
For repairs and improvements $2,500 per annum
For roads and bridges 500 per annum
For painting 1,000 per annum
APPEOPKIATIONS. 49
For improvement of grounds $500 per annum
For maintenance of library 600 per annum
For repairs of boiler house and smoke stack 1.000
For morgue for hospital 1,000
For metal ceilings for hospital 1,000
For repairing sewer and extending sewer-beds. . . 2,000
TO THE ASYLUM FOR FEEBLE-MINDED CHILDREN, LINCOLN:
For repairs and improvements $3,500 per annum
For maintenance of library 200 per annum
For new farm fences 1,000
For painting 2,000
For additional plumbing and rejoairs 1,000
For re-flooring basement 3,000
For kitchen and new porch 600
For purchase of cows 2,000
For chapel annex 14,000
To enlarge dining-room 2,000
TO THE INSTITUTION FOR THE BLIND, JACKSONVILLE:
For repairs and improvements $2,000 per annum
For library and apparatus 400 per annum
For repairing pianos 250 per annum
For erection of cow barn 500
For painting buildings and fences 2,000
For covering steam pi^oes 1,000
For electric wiring and fixtures 1,500
TO THE INSTITUTION FOR THE DEAF AND DUMB, JACKSONVILLE.
For repairs and improvements $4,000 per annum
For maintenance of library 500 per annum
For expert medical treatment 1,500 per annum
For painting 1,000 per annum
For improving trade schools 1,000
For repairing fire-alarm and telephone system . . . 600
§ 2. The moneys herein appropriated shall be due and payable to
the trustees of the several institutions herein named, or their order,
only on the terms and in the manner now provided by law.
Approved June 10, 1897.
—4
50
APPROPRIATIONS.
STATE GOVERNMENT, OFFICERS AND MEMBERS OF THE FORTY-FIRST
GENERAL ASSEMBLY.
i 1, Appropriates $1,000,000, or so much thereof as may be necessary, to pay the officers of
the State government and the next General Assembly.
An Act making appropriation for the payment of the officers, mem-
bers and employes of the next General Assembly, and for the
salaries of the officers of the State government.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That there be and is hereby-
appropriated the sum of one million dollars ($1,000,000) , or such sum
as may be necessary, to pay the officers and members of the next
General Assembly, and the salaries of the officers of the State gov-
ernment, at such rate of compensation as is now, or hereafter may
be, fixed by law, until the expiration of the first fiscal quarter after
the adjournment of the next regular session of the General Assembly.
Approved June 10, 1897.
STATE GOVERNMENT.
1. Appropriates for the ordinary and con-
tingent expenses of the State Gov-
ernment $3, 082, 584.74, as follows:
1. To the Governor, to be used as a con-
tingent fund, $5,000 per annum.
2. To the Governor, for private secretary,
executive clerk and stenographer,
$6,000 per annum.
3. To the Governor, for postage, office
expenses, etc., $1,500 per annum.
4. To the Governor, for porter, $720 per
annum.
5. To the Governor, for repairs and care
of executive mansion, etc., $5,000 per
annum.
6. To the Secretary of State, for clerk
hire, stenographers, janitors, po-
licemen, watchmen, etc., $69,660 per
annum. For corporation depart-
ment, $2,500 per annum. For postage,
telegraphing, repairs, expressage,
etc.. $3,000 peranni^m. For the care
and custody of the State House and
grounds, $10,000 per annum. For
enforcing foreign corporation law,
$5,000 per annum.
7. For heating, fuel, repairs, etc., $10,000
per annum. For repairing State
House. $5,000; for repairing execu-
tive mansion, $3,000.
8. For lighting the State House, $4,Ci00
per annum.
9. For library books, $1,200 per annum.
For salary of assistant librarians,
$1,720 per annum.
10. For paper and stationery, $15, 000 per
annum.
11. For public printing, $50, 000; for pub-
lic binding, $8, 000 per annum.
12. For copying, as per contract, $600; for
distributing State documents, $500;
for expressage and postage on
same, $1,200 per annum.
13. For the purchase of Supreme Court
reports, such sums as may be nec-
essary.
14. For the purchase of flags, $600,
15. To the Auditor, for clerk hire, sten-
ographer, janitors and messengers,
$13,340 per annum. For repairs,
postage, expressage, etc., $1,500 per
annum.
16. For conveying female ofl'enders to the
State Home, $1,000 per annum.
17. For costs of State suits, $500 per an-
num.
18. For conveying convicts to peniten-
tiary, $20, 000 per annum.
APPEOPEIATIONS.
51
19. For the apprehension and delivery of
fugitives from justice, S8, 000 per
annum; for the rewards for the ar-
rest of criminals, $2,000.
20. For conveying offenders to the State
Reformatory, $15, 000 per annum.
21. For expenses of the State Board of
Equalization, $10,000 per annum.
22. To the State Treasurer, for clerk hire,
•watchmen, messengers and other
incidental expenses, $12, 500 per an-
num.
23. To refund taxes paid in error, such
sum as may be necessary.
24. To the Superintendent of Public In-
struction, for clerk hire, stenog-
rapher, janitor, porter, messenger
and incidental expenses of his of-
fice, and State examinations, $5,820
per annum.
25. To pay interest on school fund, $57,000
per annum.
26. For the State school fund, $1,000,000
per annum.
27. To the Attorney General, for salary of
assistants, clerk hire, porter, mes-
senger, $7,420 per annum; for inci-
dental expenses, $8, 000 per annum.
28. To the Adjutant General, for salary of
assistants, clerk hire, stenographer,
messenger, incidental office ex-
penses, etc., $9,440 per annum.
29. To the Board of Public Charities, for
secretary's salary, clerk hire, etc.,
$8, 700 per annum.
30. To the Supreme Court, for incidental
and contingent expenses, $5,750 per
annum; for librarian and janitors,
$2,440 per annum; for books, re-
pairs, furniture and removing rec-
ords, $4, 900.
31. To the Appellate Court, for incidental
and contingent expenses, $18, 160 per
annum; for books, $2,000.
32. To the State Museum of Natural His-
tory, for salaries of curator and as-
sistant, janitor, contingent and
necessary expenses, $4,720 per an-
num.
33. To the Railroad and Warehouse Com-
mission, for salaries of secretary,
civil engineer, clerk hire, office ex-
penses, printing schedules, maps,
litigation, etc., $11,700 per annum,
and $1,000 special.
34. To the Commissioners Labor Statis-
tics, ^or procuring statistics, salary
of secretary, clerk hire, incidental
expenses, etc., $11, 000.
35. To the Board of Live Stock Commis-
sioners, secretary's salary, neces-
sary expenses, stock yard agents.
State and assistant veterinarians,
janitors. etc., $18,220per annum; also
for contingent fund, $20,000 special.
36. To the Fish Commissioners, to be
used in pursuance of law, $7, 500 per
annum, and for personal, traveling
expenses and other expenses, $2,500
per annum.
37. To the State Board of Health, for sal-
ary of secretary, clerk hire and
necessary and incidental expenses,
$9, 000 per annum, and $10, 000 special
as a contingent fund.
38. To the Lieutenant Governor for post-
age, $50 per annum.
39. To the 41st General Assembly, for
committee expenses, $1,000
40. To the Superintendent of Insurance,
for clerk hire, office expenses, ex-
aminations, printing, etc., $32,125
per annum, and $2,874.74 special.
41. Superintendent of Insurance to make
semi-annual reports of amounts
collected by him and cover same
into State treasury.
42. To the trustees of the Lincoln Home-
stead and salary of custodian, etc.,
$1,750 per annum, and $1,000 special.
43. To the State Historical Society, for
maintenance of library and salary
of librarian, $2, 000 per annum.
44. To the State Factory Inspectors, for
salaries of selves and deputies,
$14, 000 per annum.
45. To the State Board of Examiners, for
mine inspectors and managers,
$3, 000 per annum.
46. To the Supreme Court Reporter, mes-
senger and janitor, $720 per annum.
47. To the State Board of Arbitration,
salary of secretary and other ex-
penses, $3,700 per annum, and $500
special.
48. To the State Board of Pardons, for
salary of secretary, members and
other expenses, $11, 750 per annum.
49. To the State Entomologist, for experi-
ment, publication and instruction
concerning the San Jose scale, etc.,
$3,000.
50. How drawn.
52 APPKOPRIATIONS.
A'H A.GT to provide for the ordinary and contingent expenses of the
State Government until the expiration of the fiscal quarter after
the adjournment of tlie nexi regular session of the General
Assembly.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That the following named
sums, or so much thereof as may be necessary, respectively, for the
purposes hereinafter named, be and are hereby appropriated to meet
the ordinary and contingent expenses of the State government until
the expiration of the first fiscal quarter after the adjournment of the
General Assembly:
First — A sum not exceeding $5,000 per annum shall be subject to
the order of the Gov^ernor for defraying such public expenses of the
State government as are unforeseen by the General Assembly, and
not otherwise provided for by law; i^ayment to be made, from time
to time, upon bills of particulars certified to by the Governor.
Second — The, sum of $6,000 per annum for private secretary to the
Governor, for the performance of such ofiicial duties of the
Governor as may be required of him, and for executive clerk and
stenographer, payable monthly, as hereinafter named.
Third — A sum not to exceed $1,500 per annum for postage, ex-
IDressage, telegraphing, furniture, furnishing and other incidental
expenses connected with the Governor's office, to be paid upon bills
of particulars certified to by the Governor.
Fourth — To the Governor, for one porter, the sum of $720 per
annum, payable monthly.
Fifth — To the Governor, for the care of the executive mansion and
grounds, and for heating and lighting the executive mansion, $5,000
per annuna, to be paid on bills of particulars certified to by the
Governor.
Sixth — To the Secretary of State, for clerk hire in his ofiice, the
following sums: For chief clerk, $2,400 per annum; for one assistant
chief clerk, $1,800 per annum; for one chief corporation clerk, $2,000
per annum; for one corporation clerk, $1,800 per annum; for one
corporation clerk, $1,100 per annum; for one corporation clerk, $720
per annum; for one executive clerk, $1,500 per annum; for one index
clerk, $2,000 per annum; for one assistant index clerk, $1,200 per
annum; for one anti-trust clerk. $1,200 per annum, for two anti-trust
clerks, $1,000 each per annum; for one anti-trust clerk, $720 per
annum; for one shipping clerk, $1,100 per annum; for one shipping
clerk, $1,000 ]per annum; for one shipping clerk and janitor, $1,000
per annuni; for one shipping clerk, $720 per annum; for extra clerical
services, $1,500 ]3er annum; for one private stenographer. $1,500 per
annum; for one supply clerk, $1,200 per annuni; for one assistant
supply clerk, $900 per annum ; for one property clerk, $900 per an-
num; for one stenographer and typewriter, $1,000 per annum; for one
bookkeeper, $900 per annum; for three porters and messengers, $720
each per annum; for one superintendent of Capitol buildings and
grounds, $1,500 per annum; for one assistant superintendent of
APPROPEIATIONS. 53
Capitol buildings and grounds, $1,000 per annum; for one carpenter,
$900 per annum; for eight x3olicemen, $720 each per annum; for two
elevator conductors, $720 each per annum: for eighteen janitors, $720
each per annum; for one janitress, $600 per annum; for one flagman,
$800 per annum; for one chief engineer, $1,200 per annum; for two
assistant engineers, each $900 per annum ; for nine firemen, $720 each
per annum; for one weigher, S900 per annum; for one electrician,
$1,200 per annum; for one assistant electrician, $800 per annum; all
payable upon monthly pay-rolls certified toby the Secretary of State;
for expenses in connection with the corporation department, the sum
of $2,500 per annum, or so much thereof as may be necessary. To
the Secretary of State, for repairs, postage, expressage, telegraphing
and other incidental expenses of his office, a sum not exceeding
$3,000 per annum; and for the payment of all necessary incidental
expenses incurred by the Secretary of State in the care and custody
of the State House and grounds and other State property, and in re-
pairs and improvements of the same, and for the performance of sach
other duties as may be imposed upon him by law and for which no
other appropriation has been made, the sum of $10,000 per annum;
to the Secretary of State, $5,000 per annum for the purpose of carry-
ing into efPect a law for an act to require every foreign corporation
doing business in this State to have a public office or place in this
State at which to transact its business, subjecting it to a certain con-
dition, and requiring it to file its articles or charter of incorporation
with the Secretary of State, and to pay certain taxes and fees there-
on; all payable uiDon bills of particulars certified to by the Secretary
of State.
Seventh — For fuel, rej^airs and other incidental expenses connected
with the heating of the State House, the sum of $10,000 per annum,
or so much thereof as may be necessar}^; for repairing State House,
$5,000; for refurnishing the executive mansion, $3,000; all to be paid
on bills of XDarticulars certified to by the Secretary of State and ap-
X^roved by the Grovernor.
Eighth — For lighting the State House and other incidental ex-
penses thereof, the sum of $4,000 per annum, or so much thereof as
may be necessary, to be paid on bills of particulars certified to by
the Secretary of State and approved by the Governor.
Ninth — To the Secretary of State, for the xDurchase of books and
for the incidental expenses of the State library, the sum of $1,200
per annum, X)ayable ux)on bills of particulars, certified to by the
board of commissioners of the State library; for salary of assistant
librarian, the sum of $1,000 per annum, x)ayable monthly; for the
salaiy of second assistant librarian, the sum of $720 per annum, pay-
able monthly, on the certificate of the Secretary of State.
Tenth — For the jjurchase on contract as required by law, and other
necessary exx)enses connected therewith, of printing j^aper and
stationery for the use of the General Assemblj^ and the executive de-
partments, the sum of $15,000 per annum, ^Dayable on bills of ]3articu-
lars certified to by the Board of Commissioners of State Contracts
and approved by the Governor.
54 APPROPRIATIONS.
Eleventh — For public printing, the sum of $50,000, or so much
thereof as may be required; for public binding, the sum of $8,000
per annum, or so much thereof as may be required. The public
printing and binding to be paid according to contract, upon the cer-
tificate of the Board of Commissioners of State Contracts and ap-
proved by the Governor.
Twelfth — For copying the laws, journals and joint resolutions of
the General Assembly, as provided by law, $600; for distribution of
laws, journals and other State documents, and incidental expenses
connected therewith, the sum of $500; and for expressage and postage
on same, $1,200 per annum, payable as i3rovided by law.
Thirteenth — Such sums as may be necessary to enable the Secre-
tary of State to purchase such volumes of the reports of the de-
cisions of the Supreme Court as he is, or may be, by law required to
purchase, to be i3aid on bills of particulars certified to by the Secre-
tary of State and approved by the Governor.
Fourteenth — To the Secretary of State, for the purchase of flags
for the dome of the Capitol building for two years, the sum of $600,
to be paid on bills of particulars, certified to by the Secretary of
State and approved by the Governor.
Fifteenth — To the Auditor of Public Accounts, for necessary clerk
hire in his office, the following sums: For chief clerk, $2,400 per
annum: for revenue clerk, $1,800 per annum; for warrant clerk,
$1,800 per annum; for stenographer and typewriter, $1,000 per an-
num; for two janitors and messengers, $720 each per annum; for ad-
ditional clerk hire, the sum of $3,100 per annum; for land clerk, the
sum of $1,800 per annum ; payable on bills of particulars certified to
by the Auditor of Public Accounts. To the Auditor of Public Ac-
counts, for repairs, postage, express charges, telegraphing and other
incidental expenses incurred in the discharge of his duties, a sum not
to exceed $1,500 per annum, payable on bills of particulars certified
to by the Auditor. To the Auditor of Public Accounts, for the pur-
pose of paying for the clerical service incidental to the banking de-
partment and to the building and loan department, a sum not to ex-
ceed the fees received by him for preliminarj^ examinations and for
filing reports from such bank and building and loan associations as
now provided by law.
Sixteenth — A sum not to exceed $1,000 per annum, or so much
thereof as may be needed, for conveying female ofPenders to the
State home for juvenile female offenders, to be ascertained and
paid in the same manner as for conveying prisoners to the peniten-
tiary.
Seventeenth — A sum not exceeding $500 per annum, or so much
thereof as may be necessary, costs and expenses of State suits, to be
paid on bills of particulars certified to by the Auditor and approved
by the Governor.
Eighteenth — A sum not exceeding $20,000 per annum, or so much
thereof as may be necessary, for coveying convicts to the penitentiary,
APPEOPEIATIONS. 55
and from and to the penitentiary in cases of new trials, or when used
as witnesses in cases, to be paid by the Auditor in the manner now
X^rovided by law: Provided, that when more than one person is
convicted at the same term of court, and is committed to the pen-
itentiary, the sheriff shall take them all at one trip.
Nineteenth — Forthe payment of the expenses provided for bylawfor
the apprehension and delivery of fugitives from justice, $8,000 per an-
num, or so much thereof as may be necessary, to be paid on the evi-
dence required by law, certified to and approved by the Governor;
and the sum of $2,000 for rewards for arrests of fugitives from
justice, to be paid on bills of particulars having the order of the
Governor endorsed thereon.
Twentieth — The sum of $15,000 per annum, or so much thereof as
may be necessary, for conveying offenders to the State reformatory
at Pontiac, and from and to the reformatory in cases of new trial or
when used as witness in cases, to hd paid by the Auditor in the man-
ner now provided by law, to be ascertained and paid in the same
manner as in cases of conveying prisoners to and from the peniten-
tiary: Provided, that when more than one person is convicted at
the same term of court, and is committed to the reformatory, the
sheriff shall take them all at one trip.
Twenty-first— To the State Board of Equalization, for paying ex-
penses, a sum not exceeding $10,000 per annum, payable in the man-
ner provided by law.
Twenty-second — To the State Treasurer, for clerk hire, the sum of
$7,500 per annum; the sum of $3,200 per annum for two night and
two day watchmen, and the sum of $800 per annum for messenger
and clerk, all payable on monthly pay-rolls duly certified to by the
Treasurer. To the State Treasurer, for repairs, express charges,
postage, telegraphing and other incidental expenses connected with
his office, a sum not to exceed $1,000 per annum, payable on bills of
particulars certified to by the Treasurer and approved by the
Governor.
Twenty-third — Such sums as may be necessary to refund the taxes
on real estate sold or paid on error, and for overpayment of collectors'
accounts under laws governing such cases, to be paid out of the
proper funds.
Twenty-fourth — To the Superintendent of Public Instruction the
following sams are hereby approxDriated: For assistant sujoerintend-
ent, $2,400 per annum ; for stenographer and typewriter, $1,000 per
annum; for janitor, i^orter and messenger, the sum of $720 j)er an-
num; for library, $200 per annum; all payable on certificate of
Superintendent of Public Instruction. To the Sujaerintendent of
Public Instruction, for postage and State examinations, and other
necessary expenses of his office, a sum not to exceed $1,500 per
annum, payable on bills of particulars certified to by him and
approved by the Governor. Appropriations made by this clause to
be made out of the State school funds.
56 APPROPRIATIONS.
. Twenty-fifth — The sum of $57,000 per annum, or so much thereof
as may be necessary, to pay the interest on school funds distributed
annually in pursuance of law, said amount to be payable from the
State school f ands.
Twenty-sixth— The sum of $1,000,000 annually, out of the State
school fund, to pay the amount of the Auditor's orders for the dis-
tribution of said fund to the several counties, and for the payment of
the salaries and expenses of county superintendents of schools, as
now provided by law. The Auditor shall issue his warrant to tiie
State Treasurer on the x^roper evidence that the amount distributed
has been paid to the county superintendents.
Twenty-seventh — To the Attorney General, for an assistant, the
sum of $2,hOO per annum : for a second assistant, the sum of $2,500
per annum; for a stenographer, who shall act as clerk, the sum of
$1,400 ]3er annum; and for porter and messenger, the sum of $720
per annum : payable on bills of particulars duly certified to by the
Attorney General. To the Attorney General, for telegraphing,
postage and other necessary expenses incurred in the discharge of
the duties of his office, a sum not to exceed $2,000 per annum; for
legal and other incidental exi^enses incident to the discharge of his
duties in relation to the building, loan and homestead associations,
and to State banks, a sum not to exceed $6,000 per annum, payable
on bills certified to by him.
Twenty-eighth — To the Adjutant General, for clerk hire in his
office, the following sums: For assistant adjutant general, $1,800
per annum; for military clerk, $1,200 per annum; for record clerk,
$900 per annum: Proinded, that in the employment of clerks and
assistants in the Adjutant General's office, preference shall be given
to Union soldiers, their widows and orphans; also the sum of $1,000
per annum for postage, telegraphing, repairs and other incidental ex-
X)enses connected with Memorial Hall in his office; also for custodian
of Memorial Hall, $900 per annum; for stenographer and typewriter,
$1,000 per annum; for acting assistant quartermaster general, $1,200
per annum; for sergeant at arsenal, $720 per annum; and for mes-
senger, $720 per annum; all payable on monthly pay-rolls or bills of
particulars duly certified to by the Adjutant General and approved
by the Governor.
Twenty-ninth — To the Board of Public Charities, for salary for
secretary, the sum of $3,000 per annum; for one chief clerk, $1,500
per annum; for male stenographer, $1,200 per annum; and for neces-
sary incidental expenses of the board, a sum not to exceed $2,000 per
annum; for removing and arranging the records, books and papers of
the vault [to the] office of the secretary, and for providing for book
and file cases for the arranging and preserving the same, $1,000.
Thirtieth — There is hereby appropriated to defray the incidental
and contingent expenses of the Supreme Court, to-wit: For station-
ery, repairs, furniture, expressage, printing and law books to be pur-
APPROPRIATIONS. 57
aliased under the direction of the court, and other exjDenses deemed
necessary by the court, the sum of $5,750 per annum, payable upon
bills of particulars certified to by at least two of the justices of said
court.
There is also appropriated for the librarian of said court the sum
of $1,000 per annum, who shall also act as librarian for the Appellate
Court of the third district when in session. Also the sum of $720
per annum each for two janitors for the library and the Supreme
Court, who shall perform such duties as shall be determined by the
judges and clerks of said court, to be i^aid on the order of at least
two of the judges of said court.
There is also a^apropriated for a new floor for the offices of the
clerks, the sum of $300; for the purpose of erecting partitions, re-
ceptacles and counters for office books in the offices of the clerks of
said court the sum of $1,200; for the purpose of erecting record and
file cases in the offices of the clerks, the sum of $600; for the pur-
chase of office furniture and carpets for the offices of the clerks of
said court the sum of $500; for the purpose of tabulating and index-
ing the records and files of the Supreme Court, in the central grand
division, the sum of $300. All to be paid on the order of at least
two of the judges of said court.
There is also appropriated for the removal of the records and fix-
tures of the Supreme Court from Ottawa and Mount Vernon to
Springfield the sum of $2,000, to be paid on the order of any two of
the judges of said court.
Thirty-one — There is also hereby appropriated to defray the inci-
dental and contingent expenses of the Appellate Courts of this State,
to-wit: To the first district, for rent of court rooms, including
fuel and light, the sum of $7,500 per annum; for stationery, postage,
expressage, rex^airs, furniture and other expenses deemed necessary
by said court, the sum of $1,500 per annum, and for the salary of the
librarian of said court, the sum of $500 per annum, payable monthly ;
and for the purchase of law books, under the direction of the judges
of said court, the sum of $1,000 per annum; for rebinding law books
in library, the'sum of $1,000. To the second district of the Appel-
late Court, for stationery, fuel, light, postage, expressage, repairs,
furniture and other expenses deemed necessary bj^ said court, the
sum of $1,750 per annum; for books, $500, and for librarian, $500
per annum. To the third district, for stationery, fuel, light, post-
age, expressage, repairs, furniture and other expenses deemed neces-
sary by the court, the sum of $1,000 per annum; the sums to be paid
on bills of particulars certified to by the clerk of the court for which
the expense was incurred. To the fourth district, the sum of
$1,750 per annum for stationery, fuel, lights, postage, expressage, re-
pairs, furniture and other expenses deemed necessary by the court;
for books, $500, and for librarian, $500 per annum. Also the sum of
$720 each per annum to the second, third and fourth districts, for
the pay of janitors to perform such duties as shall be determined by
the judges and clerks of the respective courts, to be paid on the
order of at least two of the judges in each district.
58 APPROPRIATIONS.
Thirty-two — For the salary of the curator of the Illinois State
Museum of Natural History, the sum of $2,500 per annum; for the
salary of assistant curator, the sum $1,000 per annum; for the salary
of a janitor, the sum of $720 per annum, all payable monthly, as pro-
vided by law. For the contingent and necessary expenses of the
museum and scientific library, and for traveling expenses incurred
on business connected with this office, the sum of $500 per annum,
payable on bills of particulars duly certified to by the curator and
approved by the Governor. Reports on investigations shall be pre-
pared by, or under the direction of, the curator, and be presented to
the board of trustees of the museum for approval. The board shall
order such reports printed, and the expense shall be paid out of the
general fund appropriated for the public jDrinting.
Thirty-third — To the Kailroad and Warehouse Commissioners, for
the incidental expenses of their office, including care, stationery,
postage and telegraphing, extra clerk hire, and for secretary's salary,
and for all necessary expenditures exce^Dt those hereinafter provided
for, a sum not to exceed $4,000 per annum. For any expense in-
curred in suits or investigations commenced by authority of the
State under any law now in force, or hereafter enacted, empowering
or entrusting the board of commissioners, including the fees of ex-
perts employed and clerical help, the sum of $4,000 per annum, or
such part thereof as may be needed for such purposes. For 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 $1,000, or so much thereof as may be needed for
such purposes. For the printing and publication of railroad ma^^s
of Illinois, to be bound with annual reports, the sum of $1,200 per
annum. For the salary of a civil engineer, when so employed by the
commission in their discretion, the sum of $2,500 jper annum, which
said civil engineer, when so employed, shall do such engineering work
and make such inspections and reports as the said commissioners
may direct, for which he shall receive compensation to be fixed by
the commission not exceeding the said sum of $2,500 per annum, to
be paid on bills of particulars certified to by the Railroad and Ware-
house Commissioners and approved by the Governor.
Thirty-fourth — To the Commissioners of Labor Statistics, for the
purpose of procuring, tabulating and publishing statistics of labor
as contemplated by law, for clerical services, the employment of can-
vassers, and the incidental office expenses of the board, and for de-
fraying the per diem and traveling expenses of the commissioners,
the sum of $8,500 per annum, or so much thereof as may be neces-
sary, and the sum of $2,500 per annum for the salary of the secre-
tary of the board.
Thirty-fifth — To the Board of Live Stock Commissioners the fol-
lowing sums are hereby appropriated: For salary of secretary,
$1,800 per annum; to pay the expenses of the commission and sec-
retary, $2,000 per annum; for assistant secretary, who shall be a
APPROPEIATIONS. 59
stenographer and typewriter, the sum of $1,200 per annum; for the
salary of four agents at the Union Stock Yards, Chicago, and one
agent at the National Stock Yards, East St. Louis, $6,000 per annum;
for janitor of office, $720 per annum; for salary of assistant veterina-
rian at Union Stock Yards, Chicago, $1,800 per annum; for salary
and expenses of State veterinarian, $3,500 per annum; for telegraph-
ing, postage, express and other incidental exx3enses of the office,
$1,200 per annum. Also for paying damages for animals diseased
or exposed to contagion, slaughtered; for per diem and traveling ex-
penses of State veterinarian and assistant State veterinarian and
agents, incurred in making examinations of the same, or in making
examinations of any animals supposed to be diseased; for property
necessarily destroyed, and for expenses of disinfection of premises,
when such disinfection is practicable under the provision of any law
of this State, for the suppression and prevention of the spread of
contagious and infectious diseases among domestic animals, the sum
of $20,000, or so much thereof as may be necessary; and any sums of
money that may be received by the Board of Live Stock Commis-
sioners as the net proceeds of the sale of the healthy carcasses of
slaughtered animals under the provisions of this law shall be paid
by them into the State treasury.
Thirty-sixth — The sum of $7,500 per annum, or so much of it as
may be necessary, to the fish commissioners of the State, to be
used by them in pursuance of law. The sum of $2,500 per annum,
or so much thereof as may be necessary, for the personal and travel-
inp expenses of the fish commissioners, and for the service and ex-
penses of such persons as may be employed by them, including fish
wardens, while performing such services for which no fees are al-
lowed in enforcing the laws relative to fish-ways over dams, and for
the protection of fish. All expenditures to be upon bills of particu-
lars certified to by a majority of the commissioners and approved
by the Governor.
Thirty-seventh — To the State Board of Health, for salary of secre-
tary, the sum of $3,000 per annum; for necessary ofiice expenses, in-
cluding expenses incurred in attending meetings of the board and in
making sanitary inspections, the sum of $2,000 per annum; for chief
clerk, $1,800 per annum; for clerk, $1,150 per annum; for stenog-
rapher $720 per annum, and for incidental expenses, the sum of
$330 per annum.
Also the sum of $10,000 as a contingent fund, to be used only with
the consent and concurrence of the Governor, upon the recommen-
dation and advice of the board, in case of the outbreak or threatened
outbreak of any epidemic or malignant disease, such as Asiatic chol-
era, small-pox, yellow fever, or to defray the expenses of preventing
the introduction of such diseases, or their spread from place to place
within the State, and in suppressing outbreaks which may occur,
and in investigating their methods of prevention, also special inves-
tigations when required by the sanitary necessities of the State; and
'60 APPEOPEIATIONS.
any necessary expenditures from this sum shall be paid on the order
of the president of the board and 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 $50
per annum, payable upon his order.
Thirty-ninth — The sum of $1,000, or so much thereof as may be
necessary, to pay the expenses of the committees of the Forty-first
General Assembly, such expenses to be certified as may be provided
by resolution of either house.
Fortieth — To the insurance superintendent, for necessary clerk
hire in his office, the sum of $17,500 per annum, to include actuary,
stenographer and janitor.
For postage, express charges, telegraphing and other incidental ex-
penses, the sum of $3,000 per annum. For expense in attending the
annual convention of insurance commissioners, the sum of $125 per
annum. For burglar-proof safe and for necessary furniture and re-
pairs, $2,250. For expense of examinations and investigations which
can not be collected from the companies or associations examined,
$1,000 per annum, or so much thereof as may be necessary. For all
examinations and investigations, such amount for expenses incurred
and services of assistants employed as shall be collected from the
companies and associations examined. For expenses in the prose-
cution of violations of the insurance laws, 'the sum of $6,000 per an-
num, and for legal services, the sum of $4,000 per annum. For
printing reports for the use of the farmers' mutual insurance com-
panies, the sum of $500 per annum, or so much thereof as may be
necessar3^ For C. P. Swigert, receiver of the Pioneer Insurance
Company, insolvent, the sum of $624.74, to reimburse him for moneys
advanced by him in connection with such receivership, and which he
is unable to collect from the assets of said company, said Swigert to
file proper affidavits and vouchers with the Auditor of Public Ac-
counts.
All salaries or clerk hire to be payable upon monthly pay-rolls
duly certified by the insurance superintendent, and other items to
be x^ayable on bills of particulars certified to by the insurance super-
intendent with the approval of the Governor.
For making valuation of reserves of life insurance companies, the
insurance superintendent, with the approval of the Governor, is
hereby authorized to use the sums collected for such purposes in the
payment of the costs thereof, and include the same in his annual re-
port to the Governor.
Forty-first — It shall be the duty of the superintendent of insur-
ance to make a report on the first days of January and July of each
year of amounts collected by him. and shall pay over to the State
Treasurer all funds on hand at the date of such report and take his
receipt therefor.
APPROPEIATIONS. 61
Forty-two — To the trustees of the Lincoln homestead, for the
salary of a custodian, the sum of $600 per annum; and for repairs
and improvements, the sum of $150 per annum, to be expended by
said trustees as provided in the act of 1887 creating said trust. The
trustees of Lincoln monument, for the salary of custodian, the sum
of $1,000 per annum; for fuel and assistance, $500; for repairs Lin-
coln monument, $500.
Forty-third — To the Illinois State Historical Society, for the con-
tinuation, care and maintenance thereof, the sum of $2,000 per an-
num, of which the sum of $720 per annum shall be paid as a salary
to the librarian, to be expended under the provisions and in the
manner specified in the act of 1889 establishing said library.
Forty-fourth — To the State factory insjpectors, for the salary of
the State factory inspector, the sum of $1,500 per annum; for the
salary of the assistant State factory inspector, the sum of $1,000
per annum; for salary of ten deputy factory inspectors, the sum of
$750 each per annum; for traveling and other legitimate expenses in-
curred by the inspectors in the performance of their duties, the sum
of $4,000 per annum.
Forty-fifth — The State board of examiners for mine inspectors
and mine managers, for the per diem and expenses of the board in con-
ducting examination as to the qualifications of those holding or de-
siring positions as managers of coal mines, and of those desiring ap-
pointments as State inspectors of mines, the sum of $3,000 iDer an-
num, or so much thereof as may be necessary, payable upon proper
vouchers approved by the Governor.
Forty-sixth — To the supreme court reporter, for messenger and
janitor, the sum of $720 per annum, payable upon bills of particu-
lars duly certified to by him and approved by the Governor.
Forty-seventh — To the State Board of Arbitration, for salary of
the secretary, $1,200 per annum; for the traveling expenses of the
members and secretary, and for postage, stationery telegraphing, ex-
pressage, extra clerk hire, janitor and messenger service, and all
other expenses, the sum of $2,500 per annum, or so much thereof as
may be necessary. Also for traveling expenses and expenses of the
board to July 1, 1897, the sum of $500, payable upon bills of partic-
ulars duly certified to by the members of said board and approved
by the Governor.
Forty-eighth — For salary of members of the board of pardons.
-$6,000 per annum; for salary of secretary, $2,000 per annum; for
stenographer, $750 per annum, and for expenses of the office, $3,000
per annum, all to be paid on bills of particulars certified to by the
members of the board and approved by the Governor.
Forty-ninth — To the State Entomoloist, the sum of $3,000 for ex-
periment, publication and instruction concerning the San Jose scale^
and for the inspection and disinfection of orchards and nurseries.
62
APPEOPEIATIONS.
Fiftieth — ^The Auditor of Public Accounts is hereby authorized
and directed to draw warrants on the State Treasurer for the sums
herein specified upon the presentation of proper vouchers; all sums
herein appropriated for the pay of the clerks, secretaries, porters,
messengers, janitors, watchmen, policemen, laborers, engineers, fire-
men, stenographers, curators and librarians, shall, when not other-
wise provided by law, be jpaid upon monthly pay-rolls duly certified
to respectively by the heads of departments, bureaus or boards of
commissioners and trustees requiring the services of such employes;
and the State Treasurer shall pay the same out of the proper funds
in the treasury not otherwise appropriated. Said warrants shall be
drawn in favor of and payable to the order of the persons entitled
thereto.
Approved June 5, 1897,
STATE GOVERNMENT.
1. Makes appropriation for the ordinary
and contingent expenses incurred or
to be incurred, and now unprovided,
until July 1, 1897.
TO THE GOVERNOR.
1. To be used as a contingent fund, $650.18,
2. For postage, oifice expenses, etc, $341.49.
3. For repairs and care of Executive Man-
sion, $1,120.40
TO THE SECRETARY OP STATE.
1. For extra clerk hire, $536.
2. For repairs, postage, office expenses,
etc., $1,350.
3. For laborers, janitors, watchmen and
policemen of the State House, $1,800.
4. For incidental expenses incurred in the
care and custody of the State House
and grounds, $6,142.
5. For heating, fuel, pay of engineers and
firemen, $7,245.
6. For lighting State House and other in-
cidental expenses thereof, $2,223.
7. For the purchase of printing paper and
stationery for the use of the 40th
General Assembly and executive de-
partment, $13,864.
8. For public printing, $10,891; for public
binding, $7,000.
9. For expressage and postage on laws
and journals, $630.
10. For repairs and improvements on the
Lincoln Homestead, $75.
11. To the Auditor of Public Accounts, for
repairs, postage, express charges,
etc., $675.
§ 2. How drawn.
§ 3. Emergency.
An Act to provide for the ordinary and contingent expenses of the
State government, incurred or to he incurred and now unprovided
for, until the first day of July, A. D. 1897.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly : That the following sums, or
so much thereof as may be necessary, be and the same are hereby
appropriated for the purposes hereinafter specified, to meet the ordi-
nary and contingent expenses of the State government, incurred or
to be incurred and now unprovided for, until the first day of July,
A. D. 1897, to-wit:
APPROPRIATIONS. 63
First — The siim of $650.18 to the order of the Governor, for de-
fraying such public expenses of the State government as are unfor-
seen by the General Assembly and not otherwise provided for by law,
to be paid upon bills of particulars certified to by the Governor.
Second — The sum of $341.49 for postage, expressage, telegraph-
ing, furniture and furnishing and other incidental expenses of the
Governor's office, to be paid upon bills of particulars certified to by
the Governor.
Third — To the Governor, for repairs and care of the executive
mansion and grounds, and for heating and lighting the executive man-
sion, the sum of $1,120.40, to be iDaicl upon bills of particulars certi-
fied to by the Governor.
To the Secretary of State, the following sums, to be paid upon
bills of particulars certified to by the Secretary of State and ap-
proved by the Governor:
First — For extra clerk hire, the sum of five hundred and thirty-
six dollars.
Second — For repairs, postage, expressage, telegraphing and other
incidental expenses of his office, the sum of thirteen hundred and
fifty dollars.
H |Third — For laborers, janitors, watchmen and policemen of the
State House, who shall perform all the duties assigned them by the
Secretary of State, the sum of eighteen hundred dollars, payable
upon monthly pay-rolls.
W ^Fourth — For incidental expenses incurred in the care and custody
of the State House and grounds and other State property, and in re-
pairs and improvements of the same, and in the performance of such
other duties as may be imposed upon him by law, and for which no
other appropriation has been made, the sum of six thousand one
hundred and forty-two dollars.
"^Fifth — For heating, fuel, pay of engineers and firemen of the
State House, and other incidental expenses thereof, the sum of seven
thousand two hundred and forty-five dollars.
Sixth^For lighting the State House and other incidental expenses
thereof, the sum of two thousand two hundred and twenty-three dol-
lars.
Seventh — 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 Fortieth General Assembly and the Ex-
ecutive department, the sum of thirteen thousand eight hundred
and sixty-four dollars, payable on bills of jaarticulars certified to by
the Board of Commissioners of State Contracts and approved by
the Governor.
Eighth — For public printing, the sum of ten thousand eight hun-
dred and ninety-one dollars; for public binding, the sum of seven
thousand dollars; to be paid for according to contract upon the cer-
64 APPROPRIATIONS.
tificate of the Board of Commissioners of State Contracts and ap-
proved by the Governor.
Ninth -For expressage and postage on the laws, journals and
other State documents, the sum of six hundred and thirty dollars.
Tenth — For rei^airs and imj)rovements on the Lincoln homestead,
the sum of seventy-five dollars, to be expended by the trustees as
provided for in the act of ]887 creating said trust.
Eleventh — To the Auditor of Public Accounts, for repairs, xoost-
age. express charges, telegraphing and other expenses incurred in
the discharge of his duties, the sum of six hundred and seventy-five
dollars, payable on bills of particulars certified to by the Auditor
and approved by the Governor.
§ 2. The Auditor of Public Accounts is hereby authorized to
draw his warrant upon the Treasurer for the sums herein appropri-
ated upon the presentation of the proper vouchers, and the State
Treasurer shall pay the same ouj; of any funds in the public treasury.
§ 3. Whereas, The above appropriations are necessary for the
transaction of the business of the State, therefore an emergency
exists, and this act shall be in force and take effect from and after
its i^assage.
Approved February 11, 1897.
STATE HORTICULTURAL SOCIETY.
i 1. Appropriates to the State Horticultural Society the sum of SI, 000 per annum, and pro-
vides that at least 81,000 be expended each year in field experiments.
An Act making an appropriation in aid of the Illinois State Horti-
cultural Society.
Section 1. Be it enacted by tlie People of the State of Illinois,
rep)resented in the General Assembly : That there be and is hereby
appropriated for the use of the Illinois State Horticultural Society the
sum of four thousand dollars ($4,000) per annum, for the purpose of
advancing the growth and development of the horticultural interests
of the State for the years 1897 and 1898, said sum to be expended
by said society for the purpose and in the manner specified in "An
act to reorganize the Illinois State Horticultural Society," approved
March 24, 1874: Provided, Jtowever, that no portion thereof shall
be paid for, or on account of, any salary or emoluments of any offi-
cer of said society, except the secretary, who may receive not to ex-
ceed four hundred dollars ($400) per annum: And, provided, fur-
tlier, that at least one thousand dollars ($1,000) of said sum be
expended each year by said board in field experiments.
Approved June 10, 1897.
APPEOPRIATIONS. 65
STATE LABORATORY OF NATURAL HISTORY AND STATE ENTOMOLOGIST.
Appropriates $1,500 per annum to pay
incidental expenses— S4,000 per an-
num salaries of assistants— biiUetins,
reports and expenses of biological
station, S4,000 per annum.
'i 2. How drawn.
An Act making an appropriation for ord'inari) expenses of the State
lahoratorij of natural historij, for the improvement of tJie li-
hrary thei'eof, and for tlie expenses of the State entomologisVs
office.
Section 1. Be it enacted by the People of the State of Illinois,
7-epresented in the General Assembl/j : That there is hereby appro-
priated to the State laboratory of natural history, for the field
work and the office and incidental expenses, the sum of fifteen hun-
dred (1,500) dollars per annum.
For the improvement of the library, the sum of fiften hundred
(1,500) dollars per annum.
For salaries and assistance, the sum of four thousand (4,000) dol-
lars per annum.
For the publication of bulletins, the sum of seven hundred and
fifty (750) dollars per annum.
For the illustration of the biennial report of the State entomolo-
gist, the sum of two hundred and fifty (250) dollars par annum.
For the expenses of the Illinois biological station, the sum of
three thousand (3,000) dollars per annum.
§ 2. The Auditor of Public Accounts is hereby authorized and
directed to draw his warrant on the Treasurer for the sums hereby
appropriated upon the order of the president of the board .of trus-
tees of the Universit}^ of Illinois, attested by its secretary and with-,
the corporate seal of the university:
Provided, that no part of said sums shall be due and i3ayable to
said institution until satisfactory vouchers, in detail, approved by
the C-irovernor, shall be filed with the Auditor for all previous expen-
ditures incurred by the institution on account of appropriations
heretofore made.
Approved June 10, 1897.
STATE S ATTORNEY, MASON COUNTY.
§ 1. Appropriates S293.40 to pay S. A. Murdock, salary as State's Attorney of Mason county
from April 1, 1895, to Dec. 25. 1895.
An Act to ap)propriaie two hundred and ninety-three dollars and
forty cents (S293A0) to pay tlie State's Attorney's scdary of Mason
county, Illinois, from April 1, 1895, to December 25, 1895.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the Genercd Assembly : That there be appropriated
the sum of two hundred and ninety-three dollars and forty cents
66 APPROPRIATIONS.
($293.40) to pay S. A. Murdock the salary of State's Attorney of
Mason county, Illinois, from April 1, 1895, to December 25. 1895.
Approved May 10, 1897.
STATE reformatory.
§ 3. How drawn.
§ 1. Enacting clause.
I 2. Appropriates for new cell-house, one
boiler, electric lights, telephone, fire
alarm system, and for beds, bedding
and cell furniture, $96, 500.
An Act making appropriations for the construction and equipment
of a new cell-house at the Illinois State Reformatory at Pontiac.
Section 1. Be it enacted hij the People of the State of Illinois,
i-epresented in the General Assembly : That the following sums be
and are hereby a^Dpropriated for the purposes hereinafter named, and
none other, and payable only according to law:
§ 2. For the construction and completion of a new cell-house for
said reformatory, to contain not less than three hundred cells, the
sum of ninety thousand (90,000) dollars, or so much thereof as may
be necessar3^
For one improved boiler, to be of not less than two hundred horse
power, with improved furnace, and cost of setting and connections;
also, additional pumps, rendered necessary by construction of said
cell-house^ four thousand, five hundred (4,500) dollars.
For extension of electric lights, telephone and fire alarm system to
said cell-house, one thousand (1,000) dollars.
For beds, bedding and cell furniture for said cell-house, one thou-
sand (1,000) dollars.
§ 3. The Auditor of Public Accounts is hereby authorized to draw
his warrants on the State Treasurer for the moneys hereinbefore ap-
propriated as provided by law.
Approved June 1, 1897.
APPROPRIATIONS. 67
STATE REFORMATORY.
I 3. How drawH.
'^ 1. Enacting clause.
;"| 2. Appropriates for ordinary expenses,
books, farm implements, repairs and
improvements, library, etc., 3199,500
per annum— For discharge and parole
of prisoners, 841,250— For seats, tables,
desks, and for electric lights, etc.,
$4, 500, and $25, 000 to pay deficiency.
An Act making appropriations for the Illinois State Reformatory
at Pontiac for the two years beginning July 1, 1897, and eliding
July 1, 1899, and provide for a deficiency.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That the following sums be,
• and the same are hereby appropriated for the purposes hereinafter
named, and none other, and payable only according to law:
§ 2. For ordinary exi3enses of said reformatory, one hundred and
■eighty thousand (180,000) dollars per annum.
For discharge and parole of prisoners for two years, forty-one thou-
sand two hundred and fifty (41,250) dollars.
For school books for use of inmates, fifteen hundred (1,500) dol-
lars per annum.
For school seats, tables, desks, maps and charts, fifteen hundred
<1,500) dollars.
For cows, teams, wagons and farm implements, one thousand
;(1,000) dollars per annum.
For equipment and maintenance of trade schools, six thousand
{6,000) dollars per annum.
For material to be used in trades instruction, five thousand (5,000)
■dollars per annum.
For necessary additions to reformatory library, one thousand
(1,000) dollars per annum.
For maintenance of electric lights, telephone, telegraph and fire
•alarm system, three thousand (3,000) dollars.
For repairs and improvements, five thousand ($5,000) dollars per
annum.
$25,000, or so much thereof as may be necessary, to pay a deficiency
in the maintenance of said institution up to July 1, 1897.
§ 3. The Auditor of Public Accounts is hereby authorized to draw
his warrants on the State Treasurer for the moneys hereinbefore ap-
propriated upon the order of the board of managers of said reform-
atory, signed by the president and attested by the secretary, with the
'.seal of said reformatory attached and approved by the Governor.
Approved June 10, 1897,
68
APPEOPEIATIONS.
STATE REFORMATOKY, PONTIAC.
? 1. Enacting clause. 'i 3. How drawn.
"i 2. Appropriates $90,000 for construction of
cell -house; $4,500 for boiler and
pumps; $1,000 for electric light, and
$1,000 for bedding, etc.
An Act making (Appropriations for the construction and equipment
of ci new cell-house at the Illinois State Reformatory at Pontiac.
Section 1. Be it enacted by the People of the Stcde of Illinois,,
represented in the General Assembly : That the following sums be-
and are hereby appropriated for the purposes hereinafter named, and
none other, and payable only according to law:
§ 2. For the construction and comi3letion of a new cell-house for
said reformatory, to contain not less than three hundred cells, the
sum of ninety thousand (90,000) dollars, or so much thereof as may
be necessary.
For one improved boiler and additional pumps, rendered necessary^
by construction of said cell-house, forty-five hundred (4,500) dollars.
For extension of electric lights, telephone and fire alarm system to-
said cell-house, one thousand (1,000) dollars.
For beds, bedding and cell furniture for said cell-house, one thou-
sand (1,000) dollars.
§ 3. The Auditor of Public Accounts is hereby authorized to draw
his warrants on the State Treasurer for the moneys hereinbefore ap-
propriated upon the order of the board of managers of said reform-
atory, signed by the president and attested by the secretary, with the
seal of said reformatory attached and approved by the Governor.
Approved June 10, 1897.
TENNESSEE CENTENNIAL AND INTERNATIONAL EXPOSITION.
I 1. Appropriates $20,000 to erect an Illinois
building- on the grounds of the Ten-
nessee Centennial and International
Exposition, at Nashville.
§ 2. Commissioners— appointment and du-
ties— secretary and assistants — com-
pensation.
§3. Appropriation— how drawn.
An Act /or tlie participation of tlie Slate of Illinois in tlie Tennessee
centennial and interncdional exposition.
Whereas, The one hundredth anniversary of the admission of the
State of Tennessee into the Union is to be celebrated at the city of
Nashville in said state by a centennial and international exposition,
beginning on the first day of May next and closing on the 81st day
of October following; and
Whereas, While one of the objects of said exposition is the
promotion of concord and harmony and cementing of fraternal rela-
tions between all sections of the Union, at the same time a highly
APPROPRIATIONS. 69
favorable opportunity is presented to Illinois and her great centers
of business to encourage and extend her industrial, commercial, edu-
cational and other material interests by bringing them, with suitable
exhibits, to the attention of the south, and thus extending her
■business throughout the southern states; therefore,
Section 1. Be it enacted hy the People of the State of Illinois,
represented in tlie General Assemhly : That there be and is hereby
ai^ioropriated the sum of twenty thousand dollars ($20,000) for the
purpose of erecting a suitable building for an Illinois headquarters
at said exposition, and making an exhibit of the resources, commer-
cial advantages, mechanical aiDpliances, educational progress and
other interests and industries at the said Tennessee centennial ex-
position, five thousand dollars ($5,000) of which shall be used for
the purpose of making an exhibition of the agricultural and horti-
icultural i^roducts of Illinois.
§ 2. There shall be a^Dpointed by the Governor forty (40) com-
missioners, who shall serve without compensation, who shall have
■charge of the planning and construction of said building and fur-
nishing and maintaining the same. Said commissioners may em-
X^loy a secretary, who shall act as manager of said building, and
whose compensation shall not exceed the sum of $150 per month.
Said commissioners may employ such other assistants as may be
necessary.
Any unexpended balance shall be covered back into the treasury
as now provided by law.
§ 3. All iDayments hereunder shall be upon bills of particulars
certified to by the commissioners and approved by the Grovernor,
u]pon which the Auditor of Public Accounts shall draw his warrant
upon the State Treasurer from time to time for the sums of money
:SO certified to, payable out of the appropriations hereby made.
Approved April 8, 1897.
TRANS-MISSISSIPPI AND INTERNATIONAL EXPOSITION, OMAHA.
4. Vacancy.
5. How drawn.
6. Commission to make report to the Gor-
ernor.
g 1. Appropriates 845,000 for the purpose of
erecting a building: on the grounds of
the trans-Mississippi and intei'na-
tional exposition, to be held at Omaha.
§ 2. (iovernor to appoint commission.
i 3. Authority of commission.
An Act to provide for tlie participation of tlie State of Illinois in
tlie trans-Mississippi and international exposition, to he held at
Omaha in the year 1898, and making an appropriation therefor.
Whereas, There is to be held at the city of Omaha, in the State
of Nebraska, in the year 1898, an exposition known as the trans-
Mississixjpi and international exposition; and
70 APPROPRIATIONS.
Whereas, The said exposition had its origin in a resolution unan-
imously adopted at a former session of the trans-MississiiDpi con-
gress, participated in by all of the states west of the Mississij)pi
river; and
Whereas, The Congress of the United States has passed a bill
authorizing and encouraging said exposition and made an appropria-
tion to provide for the exhibit by the United States government at
said exposition in a building to be constructed by the government of
the United States; and
Whereas, A corporation has been organized under the laws of the
State of Nebraska duly empowered to carry out the business affairs,
of said exposition, and is now proceeding with the work of prepara-
tion, so that said exposition may be held from June to November in.
the year 1898; and
Whereas, It is very desirable that the State of Illinois should
participate in said exposition by an adequate exhibit of agricultural,
mineral, mechanical, industrial, educational, commercial and all
other resources and advantages of the State of Illinois at said expo-
sition; therefore.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly: That there is hereby appro-
priated out of any money in the State treasury the sum of forty-five
thousand (45,000) dollars, said sum of money to be used for the pur-
pose of erecting a State building on the grounds of the trans-
Mississippi and international exposition, to be held at Omaha in
the year 1898, which said building shall be kept open at all times,
when the exposition is open and used as the headquarters of the-
citizens of Illinois and their friends who are visiting the fair.
§. 2. That the Governor of the State of Illinois be and is hereby
authorized to appoint a commission to be known as the Illinois
trans-Mississippi and international exposition commission, which
said commission shall consist of twenty members and shall have
fu'l power to devise and execute plans for the display of all such ex-
hibits from the State of Illinois as may, in the opinion of the com-
mission, be advisable to represent the resoures and advantages of this
State. Said commission shall have full power to secure, encourage
and assist exhibitors to make exhibits from the State of Illinois at
such exposition, and shall have full control of said exhibits and gen-
eral direction of all matters connected with them.
§ 3. For the purpose of carrying out the provisions of this act,
said commission is hereby authorized to appoint such officials and
engage such employes as may be necessar}^ for the securing, arrang-
ing, transportation and display of exhibits and for the construction,
maintenance and management ^of the building above provided for.
It shall have the power to pay for all services thus secured and ex-
penses incurred in carrying out the purpose of this bill.
§ 4. Any vacancy in said commission shall be filled by appoint-
ment by the Governor of the State of Illinois.
APPEOPRIATIONS. 71
§ 5. All payments hereunder shall be upon bills of particulars
certified to by the commissioners and approved by the Governor,
upon which the Auditor shall draw his warrant upon the State Treas-
urer from time to time for the sums of money so certified to be paya-
ble out of the appropriation hereby made.
§ 6. At the close of its services the commission shall make to the
Governor of the State of Illinois a statement of its proceedings,
which shall include a list of all disbursements, with a complete list
of vouchers therefor: Provided, said commission shall be re-
stricted in its expenditures and disbursements to the sum herein
approiDriated, and no contract shall be made or money expended ex-
cept upon approval of a majority of said commission.
Approved June 14, 1897.
UNIVERSITY OF ILLINOIS.
i 1. Appropriates$9, 714.93 to reimburse the ? 2. Emergency,
funds appropriated for operating ex-
penses. How drawn.
An Act /o make an appropriaiion to the University of Illinois to
reimhurse tJie funds appropricded foi' current '^ expenses to the ex-
tent of tJie amount used therefrom, to temporarily repair the chem-
ical lahorcdory, injured by fire August 16, 1896, and to renew cer-
tain apjparatus and materials.
Whereas, The building known as the chemical laboratory at the
University of Illinois was in large part destroyed by fire on the 16th
day of August, 1896, and the aj^paratus and chemical supplies con-
tained therein were largely consumed; and.
Whereas, The board of trustees of the university found it neces-
sary to act with promptness and renew the building, so that it could
be temporarily used by the chemistry deijartment at the opening of
the university year, and to purchase certain new apparatus and sup-
plies; and.
Whereas, Said board of trustees has expended the sum of $9,714.93
in so doing, and was obliged and did take said sum from the appro-
priation made for the ordinary operating expenses of the university
for the current year, and the restoration of said sum is necessary to
enable the university to meet its expenses for the current year; there-
fore.
Section I. Be it enacted hy the People of the State of Illinois,
repjresented in the Genercd Assembly: That the sum of $9,714.93 is
hereby a^Dpropriated to the University of Illinois to reimburse the
funds approx^riated for operating expenses for the current fiscal year
for the like amount used therefrom to repair the chemical laboratory
72 APPROPRIATIONS.
SO that it could be temporarily used, and to renew a portion of the
apparatus and supplies destroyed by fire August 16, 1896. And the
Auditor of Public Accounts is hereby authorized and directed to
draw his warrant on the State Treasurer for the sum hereby appro-
priated, payable out of any ;noney in the treasury not otherwise ap-
propriated, upon the order of the board of trustees of said university
attested by its secretary with the corporate seal of the university.
§ 2. Whereas, The above appropriation is made necessary in
consequence of a loss occasioned by fire, and is needed to carry on
said university through the current fiscal year; therefore an emer-
gency exists, and this act shall take effect from and after its passage.
Approved May 24, 1897.
UNIVERSITY OF ILLINOIS.
§ 5. State ofi&cers to collect funds.
§ 6. Appropriates 85,000 to pay expenses of
legal proceeding's.
'i 7. How drawn.
I 8. Emergency.
§ 1. Endowment fund.
§ 2. Liability, $466,712.91.
'i 3. Appropriates $25, 000 per annum to pay
interest on endowment fund.
'i 4. Appropriates $48,146.13 to pay for ope-
rating expenses, and $44,803.25 for
erecting library building.
An Act to make appropriations for the University of Illinois, and
providing for the management of the funds of said university, and
for the protecting the interests of tlie State in connection tlierewith.
Whereas, Charles W. Sx^aulding, late treasurer of the board of
trustees of the University of Illinois, has failed to pay over certain
moneys and to deliver certain securities in amounts as follows, viz. :
From the fund for operating expenses $48,146 13
From the fund for building i^urposes 44,803 25
From the endowment fund 456,712 91
And, Whereas, The said former treasurer has conveyed to the
University of Illinois certain securities and properties in part satis-
faction of his obligations to the university, and there are rival claim-
ants to said securities and properties, and legal proceedings have
been commenced to determine the rights of said claimants, and an
action at law has been instituted to enforce the liability of the sure-
ties upon the official bond of the said former treasurer; and,
Whereas, Certain of the endowment bonds of the university have
been recovered but can not be used for current expenses; and,
Whereas, The university is without means to pay the ordinary ex-
penses to the end of the present fiscal year, and innumerable legal
claims are coming against the university which must be speedily met
or the university will be involved in great embarrassment and the
State put to additional loss; and,
APPROPRIATIONS. 73
Whereas. The endowment fund of the university arose from the
sale of lands granted to the State of Illinois by the general govern-
ment, and which the State accepted upon the condition and agree-
ment that said fund should be invested in bonds or stocks as a per-
petual fund, which fund should be invested as to yield not less than
live percent, per annum, and upon the further condition that if any
portion of said fund shall be lost or diminished it should be replaced
by the State;
Therefore- in order that the interests of the State may be pro-
tected in the future and the needs of the university i^rovided for, and
that it be relieved from present embarrassment:
Section 1. - Therefore, Be it enacted hij the People of the State of
Illinois, represented in the General Assemhl y : That the endowment
fund and all other moneys of the university in the hands of the
former treasurer, and not accounted for and paid over to his suc-
cessor in office, shall be paid into the State treasury and credited to
the general fund of the State as rapidly as the same can be recovered;
and all securities which may be reclaimed, or such as may be secured
in place of those lost, shall be converted into cash as soon as practic-
able, and at the best ]3rice obtainable, and shall be paid into the State
treasury. And hereafter, when lands received by the State from the
general government and held by the universit}^ shall be sold, the^^ur-
chase price shall be paid forthwith into the State treasury.
§ 2. The State hereby charges itself with liability for the endow-
ment fund of the university, amounting to §456,712.91, and for so
much in addition as may be received in the future from the sale of
lands, as aforesaid, and will pa}^ the universit}^ interest thereon at the
rate of tive per cent, per annum.
§ 3. The sum of twenty-five thousand (25.009) dollars per annum,
or so much thereof as may be necessary, is hereb^^ api^ropriated to
pay the interest on said endowment fund as aforesaid. The amount
of interest due on said fund shall be paid to the treasurer of the
university semi-annually, on the first days of January and July in
«ach year, on the order of the chairman and secretary of the board
of trustees.
§ 4. That the sum of $48,146.13 be and the same is hereby appro-
priated to the university to reimburse it for the appropriations for
operating expenses due from the late treasurer and not paid in, and
that the further sum of $44,803.25 be and the same is hereby appro-
priated to the university to reimburse the fund for erecting the
library building due from the late treasurer and not paid in, and that
said sums be paid to the treasurer of the university on the order of
the chairman and the board of trustees: Provided, that no part of
these appropriations shall be paj^able until a sufficient sum has been
paid into the State treasury from funds heretofore belonging to the
university to meet the same, as herein above xorovided.
§ 5. The Governor, Auditor of Public Accounts and State Treas-
urer shall have, and they are hereby given, full power and authority
to collect from any and all persons from whom any of said funds
74 APPROPRIATIONS.
herein above named may be due, to receive any bond or other secur-
ities hereto belonging to the university, or which may be turned over
to the board of trustees in payment of said endowment fund, or as a
l^art thereof, and to sell and to dispose of the same, and to carry into-
full force and effect all the i3rovisions of this act. And it shall be
their duty to take any steps they may deem proper to protect the in-
terests of the University of the State of Illinois in reference to the
funds aforesaid.
§ 6. The sum of five thousand (5,000) dollars, or so much thereof
as may be necessary, is hereby appropriated to i^ay the expenses of
legal or other proceedings which have been or may hereafter be in-
stituted to secure the best interests of the State or of the university
in the premises.
§ 7. The Auditor of Public Accounts is hereby authorized and
directed to draw his warrant on the Treasurer for the sums hereby
appropriated, payable out of any money in the treasury not otherwise
appro^oriated, upon the order of the board of trustees of said univer-
sity attested by its secretary and with the corporate seal of the
university: Provided, that no i)art of said sum shall be due and
payable to said university until satisfactory vouchers m detail, approved
by the Governor, shall be filed with the Auditor for all previous
expenditures incurred by the uiiiversity on account of the appropria-
tion heretofore made: And, provided further, that vouchers shall
be taken in duplicate, and original or duplicate vouchers shall be for-
warded to the Auditor of Public Accounts for the expenditures of
the sums appropriated in this act.
§ 8. By reason of the facts recited, the Legislature deems that an
emergency exists, and this act shall be in force from and after it&
passage, but the board of trustees shall draw money from the State
treasury only to such an extent as may be reasonably necessary ta
meet obligations properly incurred on account thereof.
Approved June 11, 1897.
APPEOPEIATIONS.
75-
UNIVERSITIES, ILLINOIS.
2 1. Appropriates to the University of Illi-
nois the following: sums :
For taxes accruing in 1896-7 on lands
owned by the State in Minnesota,
$1,800 per annum.
For salaries, care of buildings and
ordinary expenses, $110,000 per an-
num.
For addition to apparatus and ap-
pliances, $3,000 per annum.
For additions to libraries, $5,000 for
the year 1897, and $15,000 for the
year 1898.
For materials for shop practice, $1,-
500 per annum.
For increase of scientific cabinets
and collections, $1,000 per annum.
For pavements and walks, $3,000 for
the year 1897. and $1,000 for the
year 1898.
For bridge over Silver creek, $500.
For vaccine laboratory, $1,200 per
annum.
For engineering equipment, $10,000
per annum.
For completing library hall, $5,000.
For furnishing library hall, $5,000.
For central heating plant, etc., $40,-
900 per annum.
For replacing equipment in chemi-
cal laboratory, $5,000.
For equipping
$3,000.
men's gymnasium.
§ 2. How drawn.
For fire protection, $1,000 per annum.
An Act making appropriations for the University of Illinois.
Section 1. Be it enacted hy the People of the State of Illinois,,
represented in the General Assembly : That there be and is hereby
approiDriated to the University of Illinois for the payment of taxes
accruing in the years 1896 and 1897 on lands owned by the State in
the State of Minnesota and held for the use of said university, the
sum of eighteen hundred (1,800) dollars per annum.
For the payment of salaries for the care of buildings and grounds,
and for ordinary operating expenses, one hundred and ten thousand
(110,000) dollars per annum.
For additions to apparatus and appliances, three thousand (3,000)
dollars per annum.
□ For -additions to libraries, five thousand (5,000) dollars for the
year 1897, and fifteen thousand (15,000) dollars for the year 1898.
For materials for shop practice, one thousand five hundred (1,500)
dollars per annum.
For increase of scientific cabinets and collections, one thousand
(1,000) dollars per annum.
For fire protection, one thousand (1,000) dollars per annum.
For pavements and sidewalks, three thousand (3,000) dollars for
the year 1897, and one thousand (1,000) dollars for the year 1898.
For a bridge over Silver creek, on Burrill avenue, five hundred
(500) dollars.
For the maintenance of the vaccine laboratory, twelve hundred
(1,200) dollars per annum.
For the maintenance and extension of the engineering equipment,,
ten thousand (10,000) dollars per annum.
76 ' APPROPRIATIONS.
For completing library hall and decorating same, five thousand
(5,000) dollars. '
For furnishing library hall, five thousand (5,000) dollars.
For central heating plant and for moving and installing the elec-
trical laboratory, forty thousand dollars per annum.
For replacing equipment in chemical laborator}^ destroyed by
fire, the sum of five thousand (5,000) dollars.
For equipping a men's gymnasium, three thousand (3,000) dollars.
§ 2. The Auditor of Public Accounts is hereby authorized and
directed to draw his warrant on the Treasurer for the sums hereby
appropriated, payable out of any money in the treasury not other-
wise appropriated upon the order of the board of trustees of said
university attested by its secretary and wnth the corxDorate seal of
the university:
Provided, that no part of said sum shall be due and payable to
said university until satisfactory vouchers in detail, approved by the
Governor, shall be filed with the Auditor for all previous expenditures
incurred by the university on account of the appropriation hitherto
made:
A)id, provided further, that vouchers shall be taken in duplicate,
and original or duplicate vouchers shall be forwarded to the Auditor
of Public Accounts for the expenditure of the sums appropriated in
this act.
Approved June 14, 1897.
UNIVERSITY of ILLINOIS, MONEY GRANTED BY ACT OF CONGRESS.
9,1. Appropriates to the University of Illi- i 2. How drawn.
uois such sums of money as are due
by the Act of Congress of 1862.
An Act cqjj^i-opriating to the University of Illinois the money
granted in an act of Congress approved August 30, 1890, entitled
''An act to apply a portion of the proceeds of the public lands to
the more perfect endowment and support of the colleges for the
benefit of agriculture and the mechanic arts, established under the
provisions of an act of Congress approved July 2, 1862."
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That the sum or sums of money
which may have accrued, or may hereafter, before the first day of
July, 1899, accrue to the State of Illinois under the provisions of an
act of the Congress of the United States approved August 30. 1890,
entitled "An act to apply a portion of the proceeds of public lands
to the more perfect endowment and support of the colleges for the
benefit of agriculture and the mechanic arts, established under the
provisions of an act of Congress approved July 2, 1862," are herebj^
appropriated to the University of Illinois, and whenever any portion
of the said money shall be received by the State Treasurer it shall
immediately be due and payable into the treasury of said university.
APPROPRIATIONS. 7T
§ 2. The Auditor of Public Accounts is hereby authorized and
directed to draw his warrant on the Treasurer for the sums hereby
appropriated upon the order of the president of the board of trus-
tees of said university countersigned by its secretary and with the
corporate seal of the said university.
Approved June 12, 1897.
UNIVERSITIES, SOUTHERN NORMAL.
'ii. Appropriates $23,826.44 per annum, to I §2. How drawn,
pay the salary of teachers, purchase I
of fuel, repairs, etc. j
An Act to make an approjwiation for the ordinary expenses of the
Southern Illinois Normal University at Carhondale.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly : That there be and there is
hereby appropriated to the Southern Illinois Normal University at
Carbondale, in addition to one-half the interest on the college and
seminary fund, which is hereby appropriated, the further sum of
twenty-three thousand eight hundred and twenty-six dollars and
forty-four cents ($23,826.-44) per annum, pa3^able quarterly in ad-
vance, for the payment of salaries of teachers, for the x^urchase of
fuel, for repairs, for additions to the library, for the school a^Dpara-
tus, for the museum, for salary of engineer and janitors, for care of
grounds and for expenses of the board of trustees of the university.
§ 2. The Auditor of Public Accounts is hereby authorized and
required to draw his warrant upon the State Treasurer for said sum
appropriated for the ordinary expenses, quarterly as aforesaid, upon
the order of the trustees of the said Southern Normal University,,
signed by the j^resident and attested by the secretary, with the cor-
porate seal thereto attached: Provided, that satisfactory vouchers
in detail, approved by the Governor, shall be filed quarterly with the
said Auditor of Public Accoants for all expenses of the preceding-
quarter, and no loart of the money hereby appropriated shall be due
and payable until such vouchers have been filed.
Approved June 5, 1897.
universities, southern NORMAL.
§ 1. Appropriates $6,000, to be used in equipping and furnishing new library, laboratory and
gymnasium building — How drawn.
An Act to make an appropriation to equip and furnish properly
the new library, museum, laboratory and gymnasium build ing of
t/ie Southern Illinois Normal University, at Carbondale, Illinois.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented in the General Assembly : That there be and there is
APPROPRIATIONS.
hereby appropriated to the Southern Illinois Normal University at
Carbonclale, Illinois, the sum of six thousand ($6,000) dollars, to be
used in equipping and furnishing ths new library, museum, labora-
tory and gymnasium building of the said Southern Illinois Normal
University at Carbondale, Illinois. The Auditor of Public Accounts
is hereby authorized and required to draw his warrant u^^on the
State Treasurer for the sum herein appropriated upon the order of
the board of trustees of said normal university, signed by the presi-
dent and attested by the secretary thereof, with the corporate seal of
said institution attached, and approved by the Governor.
Approved June 10, 1897.
UNIVERSITIES, SOUTHERN NORMAL.
? 1. Appropriates an additional sum of $23,- i §2. How drawn.
826.44 per annum to pay the salai'ies of
teachers, for purchasing fuel. etc. I
An Act io iiuike an appropriation for the ordinary expenses of the
Southern Illinois Normal Universitij at Carbondale.
Section 1. Be it enacted hy the People of 'the State of Illinois,
represented in the General Assembly: That there be, and there is,
hereby appropriated to the Southern Illinois Normal University at
Carbondale, in addition to one-half the interest on the college and
seminary funds, which is hereby appropriated, the further sum of
twenty-three thousand eight hundred and twenty-six dollars and forty-
four cents ($23,826.44) per annum payable quarterly in advance, for
the payment of salaries of teachers, for the purchase of fuel, for re-
pairs, for additions to the library, for the school apparatus, for the
museum, for salary of engineer and janitors, for care of grounds and
for expenses of the board of trustees of the university.
§ 2. The Auditor of Public Accounts is hereby authorized and
required to draw his warrant upon the State Treasurer for said sum
appropriated for the ordinary expenses quarterly, as aforesaid, upon
the order of the trustees of the said Southern Normal University,
signed by the president and attested by the secretary, with the cor-
poration seal thereto attached. Provided, the satisfactory vouchers
in detail, approved by the Governor, shall be filed quarterly with the
said Auditor of Public Accounts for all expenses of the preceding
quarter, and no part of the money hereby appropriated shall be due
and payable until such vouchers have been filed.
Approved June 9, 1897.
APPROPRIATIONS. 79
UNIVERSITIES, STATE NORMAL.
^ 1. Appropriates to the State Normal Uni- § 2 How drawn,
versity. in addition to one-half of the
interest of the coUeg'e and seminary
funds, $28,506.44 per anni.m, for pay-
ment of salaries, repairs on build-
ines.etc. and for completion of gym-
nasium building, etc., .$6,000 for the
year 1897, and $10,000 for the year 1898.
An Act to make an appropriation for the ordinary and other ex-
penses of the Illinois State Normal University at Normal, Illi-
nois, and for the completion and equipment of its gymnasium
huilding.
Section 1. Be it enacted by the People of the Skde of Illinois,
represented in the Genercd Assembly : That there be and hereby is
appiopriated to the Illinois State Normal University, in addition to
one-half of the interest of the college and seminary fund, which is
hereby appropriated, the further sum of twenty-eight thousand five
hundred and six dollars and forty-four cents per annum, payable
quarterly in advance, for the payment of salaries, for the expenses
■of the board of education, for repairs on buildings and heating plants,
for the purchase of fuel, for additions to the library, for school ap-
paratus, for furniture, for laboratory supplies, for care of the grounds,
•and for incidental expenses: Provided, that the expenses of the
model school, connected with and forming a part of said State nor-
mal university, shall be paid out of the receipts for tuition of pupils
■of said school and not from the above appropriation or any part
thereof.
For the completion of the gymnasium building and for the proper
heating and equipment of the same, six thousand dollars for the yeav
beginning July 1, 1897, and ten thousand dollars for the year be-
g;inning July 1, 1898.
§ 2. The Auditor of Public Accounts is hereby authorized and
required to draw his warrant upon the Treasurer for the aforesaid
sums of money upon the order of the Board of Education of the State
of Illinois, signed by the president and attested by the secretary of
the said board, with corporate seal of said institution: Provided,
that satisfactory vouchers in detail, apj^roved by the Governor, shall
be filed quarterly with the Auditor of Public Accounts for the ex-
pBiiditures, ordinary and extraordinary, of the jDreceding quarter,
and that no part of the money herein api^ropriated shall be due and
payable until such vouchers shall have been filed.
Approved June 14, 1897.
80 APPEOPRIATIONS.
VALENTINE FITZPATRICK.
§ 1. Appropriates 81,500 for the relief of | § 2. How drawn.
Valentine Fitzpatrick. t
An Act io inal^e an appropriation for tJw relief of Private Valentine
Fitzpatrick for i)ijaries and diseases contracted luliile in active
service luitli ilie Illinois Nationcd Guard.
Section 1. Be it enacted by the People of tlie Stcde of Illinois^
represented in ttie Genercd Assemblij: That the sum of fifteen hun-
dred dollars be and the same is hereby appropriated for relief of
Valentine Fitzpatrick, a private in companj^ E. fourth regiment,
(Chicago Zouaves) , Illinois National Guard, on account of tubercu-
losis contracted by him while exposed to continuous rains from May
28, to June 4, 1889, while in the discharge of his duties as a soldier
during the tour of active service at Braidwood and Sjjring Valley,
Illinois.
§ 2. The Auditor of Public Accounts is hereby authorized and
directed to issue his warrant upon the State Treasurer for the afore-
said sum of money to Valentine Fitzpatrick or his legal representa-
tives, and the State Treasurer is hereby authorized to pay the same
out of any money in the State treasury not otherwise appro^Driated.
Approved June 9, 1897.
WESTERN HOSPITAL FOR THE Ix^SANE, ROCK ISLAND.
§ 1. Appropriates 8163,030 for construction and equipment of wards, horses, cows, hogs,
maintenance, etc.
An Act making appi'opriaiion for the Illinois Western Hospital
for tlw Insane cd Bock Island, Illinois.
Section 1. Be it enacted bij the People of the Slate of Illinois,
represented in tlte Genercd Assembl//: That the following amounts
be and are hereby appropriated to the Illinois Western Hospital for
the Insane at Rock Island. Illinois, for the purposes hereinafter
named and no other:
For construction of ward two (2) $35,000 00
For construction of ward three (3) 35,000 00
For juvenile ward 15,000 00
Horses, cows, hogs and farming implements. 3.000 00
Maintenance ' 65.000 00
Equipment ward 2 5,000 00
Equipment ward 3 5,000 00
Said appropriation to be available out of the tax of 1897, after the
first day of July, 1898, and shall be payable quarterly in advance
upon the order of the board of trustees, approved by the (rovernor,
and appropriation for the buildings and furnishings shall be paid
out upon the estimates of the architect upon vouchers signed by the
trustees and approved by the Governor.
Approved June II, 1897.
AKCHITECTS. 81
WESTERN HOSPITAL FOR THE INSANE, ROCK ISLAND.
g 1. Appropriates $98,604 to the Illinois §2. How drawn.
Western Hospital for the Insane at
Rock Island.
An Act making appropriation for the lUinois Western Hospital
for the Insane at Bock Island.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That the following amounts
be and are hereby appropriated to the Illinois Western Hospital for
the Insane at Rock Island, Illinois, for the purposes hereinafter
named and for no other:
For the completion of building, according to plans and
specifications, now in course of erection $82,604 00
For the building of sewer 1,000 00
For grading ground and building roads and walks and
repairs to farm 5,000 00
For the erection of a suitable electric light plant 5,000 00
For the erection of a steam plant for furnishing heat
and for pumping water 15,000 00
For equipment, furniture, bedding, etc., of institution
when completed 15,000 00
For the maintenance of institution up to July 1, 1898. . 25,000 00
The moneys herein appropriated shall be payable only upon the
warrants of the Auditor drawn upon the order of the trustees and
approved by the Governor.
Approved June 14, 1897.
ARCHITECTS.
licensing op architects.
§ 1. Appointment of a State Board of Ex-
aminers of Architects.
2 2. Examiners to file oath of office with
the Secretary of State — Treasurer to
file bond — Salary of secretary and
members of Board of Examiners.
§ 3. Quorum — Meetings of Board— Rules
and regulations.
§ 4. Examinations— Applicants for license
to pay a fee of $15— License fee, $25.
§ 5. Architects who are entitled to license
without an examination.
§ 6. County clerks to keep record of licenses
recorded.
§ 7. Licensed architects to have a seal.
§ 8. Penalty for practicing architecture
without a license.
§ 9. Persons who are to be regarded as ar-
chitects.
§ 10. License revoked.
§ 11. Renewal of license
§ 12. Report of proceedings to be filed with
the Auditor of Public Accounts.
An Act to provide for the licensing of architects, and regulcding the
practice of architecture as a profession.
Section 1. Be it enacted by the People of the Slate of Illinois,
represented in the General Assembly : That within thirty days after
—6
h2 AECHITECTg.
the passage of this act the Governor of this State shall, by the advice
and consent of the Senate, appoint a State board of examiners of
architects, to be composed of five members, one of whom shall be a
tnember of the faculty of the Illinois State University, and the other
four shall be architects residing in the State of Illinois who have
been engaged in the practice of architecture at least ten years. Two
of the said practicing architects appointed as examiners shall be des-
ignated to hold office for two years from the date of the passage of
this act, and the other two, together with the member of the faculty
aforesaid, shall hold office for four years from the passage of this act;
and thereafter, upon the expiration of the term of office of the person
so appointed, the Governor of the State shall appoint a successor to
each person whose term of office shall expire, to hold office for four
years, and said person so appointed shall have the above specified
qualifications. In case appointment of a successor is not made be-
fore the expiration of the term of any member, such member shall
hold office until a successor is appointed and duly qualified. Any
vacancy occurring in membership of the board shall be filled by the
Governor of the State for the unexpired term of such membership.
§ 2. The members of the State board of examiners of architects
shall, before entering upon the discharge of their duties, make and
file with the Secretarj^ of State the constitutional oath of office. They
shall, as soon as organized, and annually thereafter, in the month of
January, elect from their number a president and a secretary, who
shall also be a treasurer'. The treasurer shall file a bond for the penal
sum of $5,000 with the Secretary of State, to be accei^ted by the Gov-
ernor of the State, before entering upon his duties. The board shall
adopt rules and regulations to govern its proceedings not inconsist-
ent with this p-ct, and a seal, and the secretary shall have the care
and custody thereof, and shall keep a record of all the proceedings of
the board which shall be open at all times to public scrutiny.
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 hun-
dred dollars ($1,500) per year; he shall also receive his traveling and
other expenses incurred in the performance of his official duties. The
other members of the board shall receive the sum of ten dollars ($10)
for each day actually engaged in this service and all legitimate and
necessary expenses incurred in attending the meetings of said board.
Said expenses shall be paid from the fees received by the board un-
der 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 the said per diem allowance and other
expenses provided for shall be held by the treasurer as a special fund
for meeting the expenses of said board and the cost of an annual re-
port of the proceedings of the State board of examiners of archi-
tects: Provided, however, that when the money in the hands of the
treasurer at the time the annual report is rendered exceeds twenty-
five hundred dollars ($2,500) the amount of such excess shall be paid
into the State treasury to the credit of the State board of examiners
of architects.
AECHITECTS.
§ 3. Three members of the board shall constitute a quorum. Spe-
cial meetings of the board shall be called by the secretary upon the
written request of any two members by giving at least seven days'
written notice of the meeting to each member, reckoning from the
day on which the notices are x^ostmarked, telegraphed or personally
delivered The board shall adopt rules and regulations for the ex-
amination of applicants for licenses to practice architecture in accord-
ance with the provisions of this act, and may amend, modify and re-
peal such rules and regulations from time to time. The board shall,
immediately upon the election of each officer thereof and upon the
adoption, repeal or modification of its rules of government or its rules
and regulations for examinations of a^Dplicants for licenses, file with
the Secretar}^ of State, and publish in at least one architectural jour-
nal and one daily newspaper x^ublished in the State of Illinois at
least twice, the name and address of each officer, and a copy of such
rules and regulations, or the amendment, re^^eal or modification
thereof.
§ 4. Provision shall be made by the board hereby con'^tituted for
holding examinations, at least twice in each year, of applicants for
license to practice architecture, and any person over twenty-one years
of age, upon payment of a fee of fifteen dollars ($15) to the secretary
of the board, shall be entitled to an examination for determining his
or her qualifications. All examinations shall be made directly by
said board, or a committee of two members delegated by the board,
and due notice of the time and j)lace of the holding of such exam-
inations shall be i3ublished, as in the case provided for the publica-
tion of the rules and regulations thereof. The examination shall have
special reference to the construction of buildings, and a test of the
knowledge of the candidate of the strength of materials, and of his or
her ability to make practical application of such knowledge in the
ordinary professional work of an architect, and in the duties of a su-
pervisor of mechanical work on buildings, and should also seek to
determine his or her knowledge of the laws of sanitation as applied
to buildings. If the result of the examination of any applicant shall
be satisfactory to a majority of the board under its rules, the secretary
shall, upon an order of the board, issue to the applicant a certificate
to that effect, and upon payment to the secretary of the board by the
candidate of a fee of twenty-five dollars ($25) , he shall thereupon
issue to the person therein named a license to practice architecture
in the State, in accordance with the provisions of this act, which
license shall contain the full name, birthplace and age of the appli-
cant, and be signed by the i^resident and secretary and sealed with
the seal of the board. If an applicant fails to pass said examinations,
his or her fee shall be returned. All papers received by the secretary
in relation to applications for license shall be kept on file in his office,
and a proper index and record thereof shall be kept by him.
§ 5. Any person who shall, by affidavit, show to the satisfaction
of the State board of examiners of architects that he or she was en-
gaged in the practice of the profession of architecture on the date of
the passage of this act, shall be entitled to a license without an ex-
84 ARCHITECTS.
amination: Provided, such applications shall be made within six
months after the passage of this act. Such license, when granted,
shall set forth the fact that the person to whom the same was issued
was practicing architecture in this State at the time of the passage of
this act, and is, therefore, entitled to a license to practice architect-
ure without an examination by the board of examiners, and the sec-
retary of the board shall, upon the payment to him of a fee of twenty-
five dollars ($25) issue to the person named in said affidavit a license
to practice architecture in this State in accordance with the provis-
ions of this act. In the case of a copartnership of architects, each
member whose name appears must be licensed to practice architect-
ure. No stock company or corporation shall be licensed to practice
architecture, but the same may employ licensed architects. Each
licensed architect shall have his or her license recorded in the ofiice
of the county clerk in each and every county in this State in which
the holder thereof shall practice, and he or she shall pay to the clerk
the same fee that is charged for the recording of notarial commissions.
A failure to have his or her license so recorded shall be deemed suffi-
cient cause for revocation of such license.
§ 6. Every county clerk shall keep in a book provided for the
purpose a complete list of all the licenses recorded by him under the
provisions of this act, together with the date of the issuance of each
license, j
§ 7. Every licensed architect shall have a seal, the impressions of
which must contain the name of the architect, his or her place of busi-
ness, and the words, "Licensed Architect, State of Illinois," with
which he shall stamp all drawings and specifications issued from his
office for use in this State.
§ 8. After six months from the passage of this act it shall be un-
lawful, and it shall be a misdemeanor, punishable by a fine of not
less than fifty dollars ($50) nor more than five hundred dollars
($500), for each and every week during which said offense shall con-
tinue, for any person to practice architecture without a license in this
State, or to advertise, or put out any sign or card or other device
which might indicate to the public that he or she is entitled to prac-
tice as an architect.
§ 9. Any person who shall be engaged in the planning or super-
vision of the erection, enlargement or alteration of buildings for others
and to be constructed by other persons than himself shall be regarded
as an architect within the provisions of this act, and shall be held to
comply with the same; but nothing contained in this act shall pre-
vent draughtsmen, students, clerks of works or superintendents, and
other employes of those lawfully practicing as architects, under
license as herein provided for from acting under the instruction,
control or supervision of their employers; or shall prevent the em-
ployment of superintendents of buildings paid by the owners from
acting, if under the control and direction of a licensed architect who
has prejpared the drawings and specifications for the building. The
term building in this act shall be understood to be a structure con-
ARCHITECTS. 85
sisting of foundations, walls and roof, with or without the other parts ;
but nothing contained in this act shall be construed to x^revent any
person, mechanic or builder from making plans and specifications
for,' or supervising the erection, enlargement or alteration of any-
building that is to be constructed by himself or employes, nor shall
a civil engineer be considered as an architect unless he plans, designs
or supervises the erection of buildings, in which case he shall be sub-
ject to all the provisions of this act and be considered as an architect.
§ 10. Architects' licenses issued in accordance with the provisions
of this act shall remain in full force until revoked for cause, as here-
inafter provided. Any license so granted may be revoked by unan-
imous vote of the State board of examiners of architects for gross in-
competency, or recklessness in the construction of buildings, or for
dishonest practices on the part of the holder thereof, but before any
license shall be revoked such holder shall be entitled to at least
twenty days' notice of the charge against him, and of the time and
place of the meeting of the board for the hearing and determining of
such charges. And on the cancellation of such license, it shall be
the duty of the secretary of the board to give notice of such cancella-
tion to the county clerk of each county in the State in which the
license has been recorded, whereupon the cierks of the counties shall
mark the license recorded in his office cancelled. After the expira-
tion of six months from the revocation of a license, the person whose
license was revoked may have a new license issued to him by the
secretary upon certificate of the board of examiners, issued by them
upon satisfactory evidence of proper reasons for his reinstatement,
and upon payment to the secretary of the fee of five dollars ($5.00).
For the purpose of carrying out the provisions of this act relating to
the revocation of licenses the board shall have the power of a court of
record, sitting in the county in which their meeting shall be held,
and the power to issue subpoenas and compel the attendance and
testimony of witnesses. Witnesses shall be entitled to the same fees
as witnesses in a court of record, to be paid in like manner. The ac-
cused shall be entitled to the subpoena of the board for his witnesses,
and to be heard in person or by counsel in open public trial.
§ 11. Every licensed architect in this State who desires to continue
the practice of his or her profession shall, annually, during the time
he or she shall continue in such practice, pay to the secretary of the
board during the month of July a fee of five dollars ($5.00), and the
secretary shall thereupon issue to such licensed architect a certificate
of renewal of his or her license for the term of one year. Any
licensed architect who shall fail to have his or her license renewed
during the month of July in each and every year shall have his or
her license revoked, at the discretion of the board. But the failure
to renew said license shall not deprive him or her of the right to re-
newal upon payment of said fee.
§ 12. Within the first week of December after the organization
of the board, and annually thereafter, the secretary of the board shall
file with the Auditor of the State a full report of the proceedings of
ASSIGNMENT FOE CREDITOES.
the board and a complete statement of the receipts and expenditures
of the board, attested by the affidavits of the president and secretary,
subject to the approval of the State Auditor.
Approved June 3, 1897.
ASSIGNMENT FOR CREDITORS.
ASSIGNMENT FOR THE BENEFIT OF CREDITORS.
§ 1. Amends sections 16 and 17 of the Act of 1877.
An Act to add sections sixteen and seventeen to an act entitled "An
act concerning voluntary assir/nnients and conferring jurisdiction
tJierein upon count ij courts," approved May 22, 1877, in force
July 1, 1877.
Section 1. Be it enacted by tlie People of tlie State of Illinois,
represented in the General Assembly: That an act entitled "An act
concerning voluntary assignments and conferring jurisdiction there-
in upon county courts," approved May 22, lb77, in force Julj^, 1,
1877, be and the same is hereby amended by adding sections sixteen
and seventeen as follows, to-wit:
Section 16. That if for .any reason any creditor or creditors of
such insolvent estate shall fail to receive his distributive share of
such insolvent estate or any part thereof, as the same is shov^n to be
by any order or orders of distribution- made by the county court for
a period of six months after the final order of distribution shall have
been made by the county court, that then and in that case the
assignee or assignees shall make out and present to the county court
a list of all such creditors who shall not have received their respect-
ive shares of said insolvent estate, together with the amount in the
hands of such assignee belonging to such creditors, which statement
shall be examined by the county court, and when found by the
county court to be correct, a certified copy of the same under the
hand of the county clerk shall be filed in the office of the county
treasurer of said county, and said assignee shall forthwith pay to the
county treasurer the sum total of all amounts mentioned and con-
tained in said statement, taking receipt therefor from the county
treasurer, and upon presentation of said recoij^t from said county
treasurer for said money, and complying with all other provisions of
the law as now existing, the said assignee shall be discharged by the
county court as though payment had been made to said
creditors respectively.
Section 17. That any creditor or creditors who shall apply to the
county treasurer for his or their respective shares in said estate
within six months from the time of the payment of said money by
said assignee into the hands of said county treasurer, shall receive
BANKS AND BANKING. 87
the same from the said county treasurer, who shall take receixot there-
for from such creditor or creditors respectively. The assignee or
assignees shall at the time of turning over the money to the county
treasurer give to said treasurer the address of all creditors known to
him, and it shall be the duty of the said treasurer within ten days to
notify by mail all such creditors to call at his office and secure the
money. And at the end of six months from the time said money
was paid into the hands of said county treasurer, then upon demand
by the debtor or debtors making such voluntary assignment, the said
county treasurer shall turn over and pay to such debtor or debtors
any part or portion of said'money remaining in his hands, and shall
make report thereof to the county court, who shall enter an order
showing final distribution and settlement of said estate.
Appeoved June 11, 1897.
BANKS AND BANKING.
STATE BANKS.
Amends section 10 of the Acts of 1887 | § 2. Act submitted to a vote of the people—
and 1889.
Total liability for money borrowed-
limitation — loans due and payable.
Proclamation by the Governor.
An Act to amenil section 10 of <i.ii act entitle I "rl-*;. act concerning C'-r-
porations with btDiking powers,^'' approved Jioie 16, 1887, adopted by
the People at an election held November 6, 1888, ttnd p)rvclaiiHed in
force by the Governor December 6, 1888, as amended by an art entitled
'^An act to o7nend sections one (i), six (6) and eleven {11) of an act en-
titled '■A)i act concerniny corforati<nis vith bonh-iny poirers,'' ajrjrri.ved
June 16, 1887, approved Jane 3, 1889,'''' adopted by the people at an
election held November 4- 1890, and proclaimed in force by the Gov-
ernor November 29, 1890.
Section 1. Be it enacted hij the People of tJie State of Illinois,
represented in the General Assembly : That on a ratification of this
act by a vote of the people, in accordance with the Constitution of
this State, section 10 of an act entitled "An act concerning corpora-
tions with banking powers," approved June 16, 1887, adopted by the
people at an election held November 6, 1888, and proclaimed in force
by the Governor December 6, 1888; as amended by an act entitled
"An act to amend sections one (1), six (6) and eleven (11) of an act
entitled 'An act concerning corioorations with banking powers,' " ap-
proved June 16, 1887, approved June 3, 1889, adopted by the people
at an election held November 4, 1890, and i^roclaimed in force by the
Governor November 28, 1890, be amended so as to read as follows-
BANKS AND BANKING.
Ssotion 10. The total liabilities to any associatian of any person
or of any company or firm, for money borrowed, including in the lia-
bilities of a company or firm, the liabilities of the several members
thereof shall at no time exceed one-tenth part of the amount of cap-
ital of such association actually paid in. But the discount of bills
of exchange drawn in good faith against actually existing values and
the discount of commercial or business paper actually owned by the
person negotiating the same shall not be considered as money bor-
rowed.
Every such loan made in violation of the provisions hereof shall
be due and payable according to its terms, and the remedy for the
recovery of any money loaned in violation of the provisions hereof,
or for the enforcement of any agreement, collateral or otherwise,
made in connection with any such loan, shall not be held to be im-
paired, affected or prohibited by reason of such violation, but such
remedy shall exist notwithstanding the same. But every director of
any such association who shall violate, or participate in, or assent
to such violation, or who shall permit any of the officers, agents
or servants of the association to violate the provisions hereof,
shall be held liable in his personal and individual capacity
for all damages which the association, its shareholders, or any other
person shall have sustained in consequence of such violation.
§ 2. This act shall be submitted to a vote of the people for their
ratification, according to Article 11, section 5, of the Constitution of
this State, at the next general election, and the question shall be,
"for the amendment to section 10 of the general banking law," or,
"against the amendment to section 10 of the general banking law,"
and it shall be the duty of the officials now required by law to print
and distribute ballots for use in elections to jDrepare and distribute
ballots for such submission, such ballots to be prepared, printed and
distributed in accordance with the provisions of an act entitled "An
act to provide for the printing and distribution of ballots at public
expense, and for the nomination of candidates for public offices,
to regulate the manner of holding elections and to enforce the se-
crecy of the ballot," approved June 22, 1891, in force July 1, 1891.
And if approved by a majority of all 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 4, 1897.
CHAEITIES. 89
CHARITIES.
GHAEITABLE INSTITUTIONS AND REFOEM SCHOOL.
§ 1. Amends section 5, Act of 1875, by providing for the admissionlinto the institution chil-
dren under the age of five years.
An Act to amend an act entitled "An act to regulate the State
charitable institutions and tlie State reform school, and to im-
prove their organization and increase their efficiency."
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly : That section 5 of an act en-
titled "An act to regulate the State charitable institutions and the
State reform school, and to improve their organization and increase
their efficiency, be amended to read as follows:
Section 5. The object of the Soldiers' Orpans' Home shall be to
provide a home for the nurture and intellectual, moral and physical
culture of all indigent children whose fathers served in the armies of
the Union during the late rebellion, and have died or been disabled
by reason of wounds or disease received therein, or have since died.
That there shall be first received into the institution children under
the age of five years who are in indigent circumstances, and then,
if the means and endowments of the institution justify it, indigent
orphans above that age and below the age of ten years shall be re-
ceived; and then if there are sufficient means, all other indigent
orphans, but none who are over the age of sixteen, of which age all
pupils of said institution shall be discharged therefrom, and the
trustees may discharge at any time any child for persistent violation
of the rules of said home, or when in their judgment it is necessary
for the best interest and good government of the same: Provided,
that in special cases of peculiar inability of a pupil to support him-
self or herself, the trustees may retain such pupil, although above
the age of sixteen years, and until such pupil has reached the age of
eighteen, beyond which no pupil shall be retained.
Approved May 28, 1897.
90
CHILDREN.
CHILDREN.
EMPLOYMENT,
§ 6,
Persons under the age of 16 years not
allowed to work at any hazardous em-
ployment.
7. Duty of the State factory inspector.
8. Meaning of the words "manufacturing,
establishment," "factory" or "work-
shop."
9. Penalty for violations of the provisions
of act.
10. Repeal.
§ 1. Provides that no child under the age of
li shall be permitted to work for
wages.
§ 2. Employers to keep register.
§ 3. Lists to be posted in a conspicuous
place containing the name and age
of employes.
§ 4. Persons under the age of 16 years not
allowed to work more than 60 hours
in any one week.
§ 5. Presence of persons under the age of
16 years in any manufacturing estab-
lishment prima facie evidence of
their being employed.
An Act to regulate the emjjloi/ment of children in the State of Illi-
nois, and to 'provide for the enforcement thereof
Section 1. Be it enacted by the People of the State of Illinois,
represented in tlie General Assembly: That no child under the age
of fourteen yeai;^ shall be employed, permitted or suffered to work
for wages at any gainful occupation hereinafter mentioned.
§ 2. It shall be the duty of every person, firm or corporation,
agent or manager of any firm or corporation employing minors in
any mercantile institution, store, office, laundry, manufacturing es-
tablishment, factory or workshop within this State to keep a regis-
ter in said mercantile establishment, store, office, laundry, manu-
facturing establishment, factory or workshop in which said minors
shall be employed or permitted or suffered to work, in which register
shall be recorded the name, age and place of residence of every child
employed, or permitted or suffered to work therein under the age of
sixteen years, and it shall be unlawful for any person, firm or cor-
poration, agent or manager of any firm or corporation to hire or em-
jplo}^ or to permit or to suffer to work in any mercantile institution,
store, office, laundry, nianufacturing establishment, factory or work-
shop, any child under the age of sixteen years and over the age of
fourteen years, unless there is first provided and placed on file in
such mercantile institution, office, laundry, manufacturing establish-
ment, factory, or workshop an affidavit made by the parent or
guardian stating the name, date and place of birth of such child. If
such child shall have no parent or guardian, then such affidavit shall
be made by the child. And the register and affidavits herein ]3ro-
vided for shall, on demand, be produced and shown for inspection to
the State factory inspector, assistant State factory inspector, or
deiDuty State factory inspector.
§ 3. Every person, firm or corporation, agent or manager of a
corporation employing, or permitting or suffering to work children
under the age of sixteen years, and over the age of fourteen years, in
CHILDREN. 91
any mercantile institution, store, office, laundry, manufacturing es-
tablishment, factory or workshop shall post, and keep posted in a
conspicuous place in every room in which such help is employed, or
permitted or suffered to work, a list containing the name, age and
place of residence of every person under the age of sixteen years
employed, permitted or suffered to work in such room.
§ 4. No person under the age of sixteen years shall be employed
or suffered to work for wages at any gainful occupation more than
sixty hours in any one week, nor more than ten hours in any one
day.
§ 5. The presence of any person under sixteen years of age in
any manufacturing establishment, factory or worksho^D shall consti-
tute ^)?"ima /oci'e evidence of his or her employment therein.
§ 6. No child undei' the age of sixteen years shall be employed,
or permitted or suffered to work by any person, firm or corporation
in this State at such extra hazardous employment whereby its life
or limb is in danger, or its health is likely to be injured, or its
morals may be depraved.
§ 7. It shall be the duty of the State factory inspector to enforce
the provisions of this act, and to prosecute all violations of the same
before any magistrate or any court of competent jurisdiction in this
State. It shall be the duty of the State factory inspector, assistant
State factory inspector, and of the deputy State factory inspectors,
under the supervision and direction of the State factory inspector,
and they are hereby authorized and empowered to visit and inspect,
at all reasonable times, and as often as possible, all places covered
by this act.
§ 8. The words "manufacturing establishment," "factory" or
"workshop," as used in this act, shall be construed to mean any place
where goods or products are manufactured or repaired, dyed, cleaned
or sorted, stored or packed, in whole or in part, for sale or for wages,
and not for personal use of the maker, or his or her family or em-
ployer.
§ 9. Any person, firm or corporation, agent or manager of any
corporation, who, whether for himself or for such firm or corpora-
tion, or by himself or through sub-agents or foreman, shall violate
or fail to comply with any of the provisions of this act shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall
be fined not less than ten dollars ($10.00) nor more than one hun-
dred dollars ($100.00) for each offense. Any corporation which, by
its agents, officers or servants, shall violate or fail to comjaly with
any of the provisions of this act shall be liable to the above penal-
ties, which may be recovered against such corporation in an action
for debt or assumpsit, brought before any court of competent juris-
diction in this State.
§ 10. All acts or parts of acts inconsistent with this act are here-
by repealed.
Approved June 9, 1897.
92 CITIES, VILLAGES AND l-OWNS.
CITIES, VILLAGES AND TOWNS.
BEIDGES, ETC., OUTSIDE OF CITY LIMITS.
I 1. Amends section 1 of the Act of 1879 as amended by the Act of 1891.
An Act fo amend an act entitled "An act to enable cities and vil-
lages to build, acquire aiid maintain bridges and ferries outside
of their corporcde limits, and to control the same,'' ap2^roved and
in force May 5, 1879, as ame^ided by an act approved June 16,
1891.
Be it enacted by the People of the Stcde of Illinois, repre-
sented in the Genercd Assembly: That section 1 of an act en-
titled "'An act to enable cities and villages to build, acquire and
maintain bridges and ferries outside of their corporate limits, and
to control the same," a]pproved and in force May 5, 1879, as amended
by an act ai^proved June 16, 1891, be amended, with the title thereto,
so as hereafter to read as follows:
An act to enable cities and villages to build, acquire and maintain
bridges and ferries outside of their corporate limits, and to control
the same; also, to construct, improve and maintain roads outside of
their corporate limits; also, to donate money to aid townships in
building, constructing and improving ferries, bridges and roads out-
side of their corporate limits.
Section 1. That it shall be lawful for any city or village within
this State to build or acquire by purchase, lease or gift, and to main-
tain ferries and bridges and the approaches thereto for each ferry
or bridge within the corporate limits, or within five (5) miles of the
corporate limits of such city or village ; also, to construct , improve and
maintain roads within five (5) miles of the corporate limits of such
city or village connecting with such bridges or ferries on either side
thereof; also, to donate money to aid the township or townships in
which such ferry, bridge or road connecting with the same is situated,
in building, constructing or improving the same, and to issue the
bonds of such city or village for such purpose. That all such ferries,
bridges and roads shall be free to the public, and no toll shall ever
be collected by any such city or village authority: Provided, that
where any city or village has become or is the owner of any toll
bridges or ferries and is kee^Ding up and maintaining the same by
authority of law, all ownership and rights vested in such city or
village shall continue in and be held and exercised by them, and
they may from time to time fix the rates of toll on such bridges and
ferries: And, provided fui'ther, that in all cases where a bridge shall
hereafter be built, or a ferry acquired across a navigable stream by
any city or village, in whole or in part, where the population of such
city or village furnishing the principal part of the expenses thereof
shall not exceed five thousand (5,000) inhabitants, and where it is
necessary to maintain a draw and lights, and a debt shall be incurred
by such city or village for such purpose, then a reasonable toll may
CITIES, VILLAGES AND TOWNS.
9B
be collected by the city or village contracting such indebtedness, to
be set apart and appropriated to the payment of such indebtedness,
interest thereon and the expenses of keeping such bridge in repair
and of maintaining, opening and closing the proper draws therefor
and lights; or, in case of a ferry, keeping the approaches and boat
in repair and operating the same.
Appkoved June 9, 1897.
ASSESSMENT AND COLLECTION OF MUNICIPAL TAXES.
§ i. Amends section 1 of the Act of 1872 as amended by Act of 1877.
An Act to amend an "Act in regard to the assessment and collec-
tion of municipal taxes" approved May 23, 1877.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That "An act in regard to
the assessment and collection of municipal taxes," passed May 23,
1877, be and the same is hereby amended so that hereafter it shall
read as follows:
All cities, villages and incorj)orated towns in this State, whether
organized under the general law or special charter, shall assess and
collect their taxes in the manner, and have power to assess and col-
lect them at the rate provided for in article 8 of the act entitled
"An act to provide for the incorporation of cities and villages," ap-
proved April 10, 1872, and in the manner provided for in the general
revenue law of this State; and all acts or parts of acts inconsistent
with the provisions of this act are hereby repealed.
Approved June 11, 1897.
CIVIL SERVICE.
I 1. Amends section 10^ of the Act of 1895. g 10^2. Persons who were eng-aged jn mili-
tary or naval service to have the
preference.— Duties of examiner.
An Act to amend an act entitled "An act to regulate the civil ser-
vice in cities,''^ approved March 20, 1895.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly : That an act entitled "An act to
regulate the civil service in cities," be amended by the addition of a
section to be known as section 10|^, which section shall read as fol-
lows:
Section 10^.
Persons who were engaged in the military or naval
service of the United States during the years 1861, 1862, 1863, 1864
or 1865, and who were honorably discharged therefrom, shall be pre-
ferred for appointments to civil offices, iDrovided they are found to
possess the business capacity necessary for the proper discharge of
'94 CITIES, VILLAGES AND TOWNS.
the duties of sucli office, and it shall be the duty of the examiner or
commissioners certifying the list of eligibles who have taken the ex-
aminations provided for in this act to j)lace the name or names of
such persons at the head of the list of eligibles certified for appoint-
ment.
Approved May 6, 1897.
COMPENSATION OP ALDEEMEN.
I 1. Amends section 14, article 6, Act of 1872. 'i 2. Emergency.
§ 14. Compensation of aldermen and trus-
tees to be fixed by ordinance.
An Act to amend "An act to provide for' the incorporation of cities
and villages," approved April 10, 1872, in force July 1, 1872.
Be it enacted hij the People of the State of Illinois, represented in
the General Assembly, as follows:
Section 1. That section fourteen of article VI of an act entitled
"An act to provide for the incorporation of cities and villages," ap-
proved April 10, 1872, in force July 1, 1872, be and the same is
hereby amended as follows: By striking out all of said section and
inserting in lieu thereof the words and figures following, to-wit:
Section 14. The aldermen and trustees may receive such com-
pensation for their services as shall be fixed by the ordinances: Pro-
vided, ho'wever, that in cities of less than 350,000 inhabitants such
compensation shall not exceed the sum of three dollars to each alder-
man for each meeting of the city council or board of trustees actually
attended by him ; in cities of more than 350,000 inhabitants such
compensation shall not exceed the sum of fifteen hundred dollars per
annum for each alderman, and in villages the comjDensation to trustees
shall not exceed the sum of one dollar and fifty cents for each meet-
ing of the board of trustees actually attended by such trustees. No
other salary or compensation shall be allowed any alderman or
trustee: Provided further, that this act shall a^oply to all cities,
towns and villages in this State whether incorporated under a gen-
eral or special law, and that in all such villages and incorporated
towns the trustees thereof shall receive compensation for not more
than one meeting in each week.
§ 2. Wheeeas, An emergency exists, therefore this act shall be
in force and take effect from and after its passage.
Approved May 26, 1897.
CITIES, VILLAGES AND TOWNS. 95
CONTRACTS RELATING TO GARBAGE.
g 1. Disposition of garbage. I i 3. Repeal.
§ 2. Appropriation. I I 4. Emergency.
An Act to cmfhorize cities of a certain class to make contracts for a
period exceeding one year relating to the collection and final dis-
position of garbage.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in tJie General Assembly : That any citj^ having a popula-
tion of more than one hundred thousand inhabitants, as shown by
any school census or by the federal census, shall be and hereby is
authorized and emiDowered to make contracts for more than one year
and not exceeding five years relating to the collection and final dis-
130sition of garbage and ashes.
§ 2. Whenever any city shall make any such contract as is author-
ized by this act, it shall be and is hereby made the dutj^ of the city
council of such city to include in the annual appropriation ordinance
of each current fiscal year an appropriation of a sum of money suffi-
cient to pay the amount which, under and by the terms of any such
contract, shall become due and payable during such current fiscal year.
§ 3. All laws and parts of laws inconsistent with the provisions
of this act are hereby repealed.
§ 4. Whereas, An emergency exists, ihis act shall be in force
and effect from and after its passage.
Approved March 30, 1897.
election of aldermen in cities.
? 1, Aldermen under minority representa- I § 2. Emergency,
tion.
An Act in relation to the election of aldermen in cities under the
minority representation plan.
Section 1. Be it enacted hy the People of tlie State of Illinois,
represented in tlie Genercd Assembly : That in all cities having
adopted, or that may hereafter adopt, the minority representation
plan for the election of aldermen, it shall be lawful for the city
council to provide by ordinance that at any ensuing general city
election the aldermen in every alternate district or ward shall be
elected for one year and at the general city election in the following
year, and every two years thereafter aldermen in such alternate
districts or wards shall be elected for two years; and that at such
first election, and every two years thereafter, aldermen in the other
districts or wards shall be elected for two years.
§ 2. Whereas, An emergency exists that this act shall take effect
without delay, therefore this act shall take effect and be in force
irom and after its passage.
Approved March 29, 1897.
96
CITIES, VILLAGES AND TOWNS.
FIRE INSPECTORS IN CITIES.
§ 3. Powers of fire inspectors.
§ 4. Penalty.
§ 1. Inspectors in cities of over 500,000 in-
habitants to investigate the cause,
origin and circumstances of every
fire.
§ 2. Duty of fire inspectors.
An Act empowering the fire inspector m cities of five hundred thou-
sand and over to investigate the cause, origin and circumstances
of fires, and to exam,i7ie persons under oath in reference to the
origin of fires.
Section 1. Be it enacted hy the People of the Stcde of Illinois,
represented in the Genercd Assembly : The lire inspector of cities of
j&ve hundred thousand and over shall investigate the cause, origin
and circumstances of every fire occurring in cities aforesaid, and
shall especially make investigation whether sach fire was the result
of carelessness or design. Such investigation shall be begun within
two days, not including the Lord's day, of the occurrence of such
fire, and the fire inspector shall have the right to supervise and
direct such investigation whenever he deems it expedient or neces-
sary. The said fire inspector shall keep in his office a record of all
fires occurring in cities aforesaid, together with all the facts, statistics
and circumstances, including the origin of the fire and the value and
ownership of the property destroyed, which may be determined by
the investigations provided for by this act, and such record shall at
all times be open to public inspection.
§ 2. It shall be the duty of said fire inspector to examine, or
cause examination to be made, into the cause, circumstances and
origin of all fires occurring in cities aforesaid to which his attention
has been called by which property is accidentally or unlawfully
burned, destroyed or damaged, and to especially examine and decide
whether the result was caused by carelessness or act of an incendiary.
The said fire inspector shall, when in his opinion said proceedings
are necessary, take, or cause to be taken, the testimony, on oath, of
all persons supposed to be cognizant of any facts, or to have means
of knowledge in relation to the matters as to which an examination
is herein required to be made, and shall cause the same to be re-
duced to writing; and if he shall be of the opinion that there is evi-
dence sufficient to charge any person guilty of the crime of arson, he
shall cause such person to be arrested, charged with such offense, and
shall furnish to the State's attorney all such evidence, together with
the names of the witnesses, and all the information obtained by him,
including a copy of all pertinent and material testimony taken in the
case, and he shall report to the insurance superintendent, as such
superintendent shall require, his proceeding and progress made in
all prosecutions of arson, and the result of all cases which are finally
disposed of.
§ 3. The said fire inspector shall have the powers of a trial justice
for the purpose of summoning and compelling the attendance of
witnesses before him to testify in relation to any matter which is, by
CITIES, VILLAGES AND TOWNS. 97
provisions of this act, a subject of inquiry and investigation. Said
fire inspector ma}^ also administer oaths and affirmations to persons
■ aiapearing as witnesses before him, and false swearing in any matter
•or proceeding aforesaid shall be deemed perjury, and shall be
j)unished as such. Said fire inspector and his subordinates shall
have authority at all times of the day or night, in the performance
■of the duties imposed by tiie provisions of this act, to enter upon an
examination of any building or premises where a fire has occurred,
and other buildings and premises adjoining or near to the same. All
investigations held by or under the direction of the fire inspector
may, in his discretion, be private, and i^ersons other than those re-
-quired to be x^resent by the provisions of this act may be excluded
from the place where such investigation is held, and the witnesses
may be kept separate and apart from each other and not allowed
to communicate with each other until they have been examined.
§ 4. Any owner or occupant of buildings or premises failing to
•comply with the orders of the fire inspector as above specified shall
be punished by a fine of not less than $10.00 nor more than $50.00 for
each day's neglect. And if the fire inspector neglects or refuses to
comply with an}^ of the requirements of this act, he shall be puiushed
hj a fine of not less than $25.00 nor more than $200.00.
Appeoved June 9, 1897.
HOUSE OF COREECTION IN CITIES.
§ 1. Municipalities to establish houses of correctiou.
.An Act io aiitJiorize cities to establish houses of correction outside
of the corporate limits and authorize the confinement of convicted
persons therein.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That it shall be lawful for the
municipal authorities of any city within this State to purchase, own
and control not to exceed forty acres of land within the incorporate
limits of such city, or outside and within three miles of the corporate
■limits of any such city, for the purpose of establishing thereon a
house of correction and other buildings or appurtenances thereto
which shall be used for the confinement and punishment of criminals
■or persons sentenced or committed thereto under the provisions of
this act, or any law of this State, or ordinance of any city or village,
authorizing the confinement of convicted x^ersons in any such house
of correction.
And when such land is purchased and house of correction estab-
llished by any such city outside of the corporate limits thereof, such
city and the municipal authorities thereof shall have full and com-
plete police powers over such lands and territory surrounding the
same as is now conferred by law uioon incorporated cities, towns and
■villages within this State over territory lying within the corporate
.limits thereof.
Appeoved June 11, 1897.
— 7 . ■
98 CITIES, VILLAGES AND TOWNS.
OF THE ORGANIZATION OF CITIES AND VILLAGES.
§ 1. Legalizes certain elections for the in- I \ 2. Emergency,
corporation of cities and villages. 1
An Act to legalize certain elections held under ''An act to provide-
for the Incorporcdlon of cities and villages," approved April 10,.
1872, in force Jidjj 1, 1872.
Section 1. Be it enacted hy the People of the Stcde of Illinois^
represented in the Genercd Assembly : That whenever any city, town
or village, since the amendment of section 1, article 1, chapter 24, of
the Revised Statutes, approved February 26, 18S1, and also since the
arhendment of section 13 of said chapter 24, approved June 27, 1895,
has held an election to incorporate as a village or city under the gen-
eral law, and such election has been held on some other day than the-
days in said section 1 of said statute provided, or if the returns of any
election heretofore held to incorporate any city or village under the
general law have not been entered upon the records of such city or vil-
lage or the county court, showing the canvass of votes and the result
of such election, and a certified copy of such records filed and recorded
in the office of the recorder of deeds in the county in which such city
or village is situated, and filed in the office of the Secretary of State^
such elections so held by any such villa_ge, city or town, if in other re-
spects in compliance with the law, are hereby declared legal and
valid: Provided, such returns of such elections are now, or shall be
made within three months from the date upon which this act be-
comes effective, and certified coioies of the same filed and recorded as
required in section 13 as amended, to which this act refers, within
said three months, and all elections of officers and organizations of
any cities or villages in this State under and by virtue of any such
elections if otherwise according to law, are hereby legalized and made
effective, and all the acts of any such cities or villages, if otherw ise
legal, are also heret>y made legal and binding; and upon the filing^
and recording as aforesaid, the Secretary of State shall charter said
city or village by his certificate duly authenticated under his hand
and the great seal of the State.
§ 2. Whereas, The election for city and village officers under
said statute will occur on the third Tuesday of April, therefore an
emergency exists, and this act shall be in force from and after its
passage.
Approved May 6, 1897.
CITIES, VILLAGES AND TOWNS. 99
ORGANIZATION.
'i 1. Provides that any city, town or village § 2. Form of ballots
having a special prohibitory license
clause may reorganize.
An Act providing that cities, villages and incorporated towns noio
under special cliaiiers having a specicd prohibitory license clause
therein, may reorganize under the general law and retain such
prohihitory license clause by making tJie same a public act by a
majoriiy vote at tlie election for such reorganizcdion.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represeyited in tJie General Assembly : That any city, villas^e or in-
corporated town in this State now existing under or by virtue of any
special charter having a special prohibitory license clause therein
desiring to reorganize under the general law, being "An act to pro-
vide for the incorporation of cities and villages," approved April 10,
1872, in force July 1, 1872. In such cases made and provided, and
not wishing to relinquish such prohibitory license clause, may do so
by making the same a jjublic act by a majority vote at the election
for such reorganization.
§ 2. The ballots to be used at such election shall be in the fol-
lowing form: "For city organization under general law by retaining
prohibitory clause:" or "Against city organization under general law
by retaining prohibitory clause." The judges of such election shall
make returns and cause the result of such election to be entered upon
the records of such city. If a majority of the votes cast at such elec-
tion shall be for city organization under general law by retaining
prohibitory clause, such city shall thenceforth be deemed to be or-
ganized under the general law and such prohibitory clause shall
thereby be declared a public act, and shall have the same force and
effect as if made a part of said general law; and all acts or parts of
acts in the general law in conflict with the same shall be of no force
and effect.
Approved June 9, 1897.
POLICE matrons in CITIES.
§ 1. Mayor to appoint police matrons in §2. Salaries of police matrons,
cities having a population of over
16.000 inhabitants.
K'i^i A.GT to provide for the appointment of police mcdrons in cities
having 16,000 inhabitants or more.
Section 1. Be it enacted by the People of the State of Illinois,
represented in t lie Genercd Assembly : That in all incorporated
cities in this State having a poioulation of sixteen thousand in-
habitants or more, it shall be the duty of the mayor of such city, sub-
ject to confirmation by the council of such city, to appoint for the
100 CITIES, VILLAGES AND TOWNS.
.term of one year one or more police matrons, who shall have charge
of all female prisoners in their respective cities, in the police station,
city prison, workhouse, or calaboose of such city, and who shall per-
form such duties in that regard as shall be' prescribed by the ordi-
nances of such city.\ Provided, in cities of over 50,000 inhabitants
they need not be confirmed by the council or board of trustees.
§ 2. The salaries to be paid to each of said matrons shall be fixed
annually by the council or president and, as the case may be, out of
the funds to be duly appropriated for that purpose.
Appeoved May 25, 1897.
PRIVILEGES FOE LIGHTING AND HEATING.
g 1. Provides that the city council or board of trustees shall not grant a franchise for
lighting- and heating except upon petition of the owner of the land.
An Act io regulate and prescribe the conditions for the granting of
rigJits and privileges for liglding and lieating purposes by cities,
villages and incorporated towns, and providing a remedy by the
property owner where such conditions Jiave not been complied, witli.
Section 1. Be it enacted by the People of the State of Illinois,
represented in tJie General Assembly: That the city council in
cities, or the president and board of trustees in villages and incorx^or-
ated towns, shall have no power to pass an ordinance granting to any
person or corporation the right or iDrivilege to lay any gas pipes for
the distribution of inflammable gas for fuel or lighting purposes, or
to pass an ordinance granting to any person or corporation the right
or ijrivilege to lay in or on the ground, or string on poles any wires
on, over or by which electricity for lighting purposes is to be used,
conveyed or distributed in any street, alley or XDublic grounds in any
such city, village or incori3orated town, except upon the petition of
the owner of the land representing more than one-half of the front-
age on the street or alley, or so much thereof as is sought to be used
for the purposes above mentioned, or any or either of them, and
when the street or alley, or part thereof sought to be used shall be
more than one mile in length, no right or privilege to lay pipes, or
lay or string wires for lighting purposes, shall be granted, unless a
jDetition therefor shall be presented to the city council of the city, or
board of trustees of the incorporated town or village, in which such
right or x^rivilege is sought, signed by the owners of the land repre-
senting more than one-half of the frontage of each mile, and of the
fraction of a mile, if any, in excess of the whole mile, measuring from
the initial x^oint named in such petition of such street or alley, or of
the part thereof sought to be used for the purposes above mentioned,
or either of them. Any. person being the owner of, or interested in,
any lot fronting on any street or alley, or part thereof, as is sought
to be used for any or either of such purposes, shall have the right
by bill in chancery, in his or their own name, to enjoin any person
CITIES, VILLAGES AND TOWNS.
101
or co;porition from using such street or alley, or part of street or
alley, for either of such purposes, under any grant by the city coun-
cil or board of trustees which is not made in conformity with the
provisions hereof, and the sufficiency of the petition herein required
shall be ascertained by the court in which such bill in chancery may
be filed.
Approved June 5, 1897.
■i 1.
I 2
i 3.
I 4.
§ 5.
I 6.
I 7.
i 9.
? 10.
§ 11.
§ 12.
§ 13.
? 14.
l 15.
§ 16.
I 17.
§ 18.
§ 19.
I 20.
g 21.
(i 22.
'i 23.
I 24.
g 25.
? 26.
/J 27.
I 28.
g 29.
g 3:.
Powers conferred
Municipal officers in cities of 25,000 and
SPECIAL ASSESSMENTS.
? 31. Order for possession.
? 32. Proceedings pending appeal.
over.
Same in smaller municipalities.
Ordinance authorizing improvements-
Contents.
Restriction on passage of ordinance.
Board of local improvements.
Proceedings preliminary to public
hearing.
Public hearing.
Recommendation by board.
Estimate of cost.
Publication of ordinance.
When property is taken.
Petitions.
Contents of petition— Commisssioners.
Commissioners' report.
Net damage or benefit.
Offset for land donated.
Commissioners' certificates.
Affidavit of ownership.
.Txirisdiction of defendants.
Mailing notice to owners.
Mailing notices to parties assessed.
Trials.
Separate trials.
View by the jury.
Adjournments.
Where title has changed.
Adverse claimants.
Infant or insane owners.
Effect of judgment.
I 33. Filing roll— Commissioners— Deficien-
cy—Revised assessment roll.
I 34. Improvement requested by majority of
frontage— Sidewalks.
§ 35. Special tax.
§ 36. Special assessment.
§ 37. Jurisdiction of courts.
I 38. Order for assessment. ,
I 39. Apportionment of cost.
I 40. Description of property assessed.
I 41. Assessment roll— Notices.
§ 42. Division assessment into installments.
'i 43. Retirement of bonds annually.
I 44. Notice by posting and publication.
§ 45. Continuance for notice.
§ 46. Objection.
l 47. Reviewof assessment roll by the court.
§ 48. Hearing of legal objections.
§ 49. Trial by jury.
l 50. Distribution of deficiency.
I 51. Precedence for trial.
§ 52. Modification by court.
'i 53. Land to be first acquired.
I 54. Prior improvement of same kind no
objection.
§ 55. Judgment on installment assessments.
§ 56. Effect of judgment.
g 57. Vacation of assessment — New assess-
ment.
i. 58. New assessment for completed work.
'i 59. Supplemental assessments.
102
CITIES, VILLAGES AND TOWNS.
? 60. New assessment against delinquents.
§ 61. Collection— Certifying roll.
§ 62. Warrant to collector.
§ 63. Collector's notice.
§ 64. Collector's demand — Penalty — Entry
of payment.
l 65. Report of delinquent list to county col-
lector.
§ 66. Eeport to be eA'idence.
§ 67. Application for judgment — Sale — Rev-
enue laws to govern.
§ 68. Return of sales— Redemption.
I 69. Sale where assessment paid— Penalty.
§ 70. Paying over— Compensation.
§ 7L General revenue laws apply.
§ 72. Municipality may buy in.
§ 73. Contracts payable from assessments-
Claim limited to fund collected.
§ 74. Letting contracts — Approval.
I 75. When no appeal taken— Letting con-
tract.
§ 76. Notices for letting contracts— Bids.
§ 77. Accepting bid— Contract.
§ 78. Persons interested entitled to hearing.
§ 79. Notice of awarding contract.
§ 80. Owners of a majority of the frontage
may take contract.
§8L
I 82.
? 83.
I 84.
§ 85.
I 86.
'i 87.
I 88.
'i 89.
l 90.
§ 91.
§ 92.
i 93.
§ 94.
I 95.
§ 96.
§ 97.
I 98.
? 99.
Rejecting bids in case of default.
Completing unfinished work.
Execution and superintendence of
work— No reco\irse to municipality.
Crediting excess upon assessments.
Inspection of work.
Bonds to anticipate installments of as-
sessments.
Bonds to be issued at par and accrued
interest.
Payment of bonds or vouchers.
Payment of assessment in bonds.
No claims except against the assess-
ment.
Payment as Work progresses.
Interest on bonds to be paid out of as-
sessments.
Crediting rebates.
Expenses to be paid from general fund.
Appeals.
Writs of error.
Adoption of this act by other munici-
palities.
LTse of provisions of this act by other
corporate authorities.
Repeal of conflicting act — Pending
cases.
An Act concerning local improvements.
Section 1. Be it enacted hy the People of tJie State of Illinois,
represented in ttie Genercd Assembly : Powers conferred.] That
the corporate authorities of cities, villages and incorporated towns
are hereby vested with the power to make such local improvements
as are authorized by law by special assessment, or by special taxa-
tion, of contiguous property, or by general taxation, or otherwise, as
they shall by ordinance prescribe:
Provided, that this act shall apply only to such cities and villages
as are now, or sliall hereafter become, incorporated under an act en-
titled "An act to provide for the incorporation of cities and villages,''
apioroved April 10, 1872, in force July 1, 1872, and to all cities, vil-
lages and incorporated towns which have heretofore adopted article
9 of the act above mentioned, in the manner therein provided, or
shall hereafter adopt this act as herein provided; but all other cor-
porate authorities, having power to levy special assessments or special
taxes for local imiorovements, may make use of the provisions of this
act for that purpose in the manner hereinafter provided.
CITIES, VILLAGES AND TOWNS. 103
§ 2. Municipal officees in cities of 25,000 and over.] In cities of
this State having a j)opulation of twentj^-five thousand or more, by the
last preceding census of the United States, or of this State, there shall
be api3ointed and designated, in the manner provided by law, or if no
such method be provided, then by appointment of the mayor, a commis-
sioner of public works, a superintendent of streets, a su^Derintendent of
special assessments, a superintendent of sewers and a city engineer.
The compensation of such officers, if not fixed by law, shall be de-
termined by the city council or board of trustees, and no order, reso-
lution or ordinance to change the same shall be passed within one
month after its introduction and publication. Such offices shall not
be discontinued at any time by ordinance or otherwise, but vacancies
therein shall be filled in the same manner as the original ax)i3oint-
ment. The appointees to said offices shall be subject to removal by
the mayor, but the term of office shall be held to expire as soon after
the end of the term of the mayor appointing as their successors shall
be appointed and qualified.
§ 3. Same IN smallee MrNiciPALiTiES.] In cities having a popu-
lation of less than twenty-five thousand, ascertained as aforesaid, and
in villages and incorporated towns, the city council or board of trus-
tees may, in their discretion, provide by ordinance that the mayor
or president, as the case may be, shall appoint and designate a
superintendent of streets and a public engineer, which offices may
be discontinued by ordinance, to take effect at the expiration of the
then fiscal year, and no officer filling any office so discontinued shall
have any claim against such city, village or town for any compensa-
tion after such discontinuance. Vacancies therein shall be filled as
above provided. The compensation and term of office shall be as-
certained as in the last j)aragraph.
§ 4. Okdinance authoeizinct improvements — contents.] When
any such cit}^ village or town shall by ordinance provide for the
making of any local improvement, it shall by the same ordinance
X)rescribe whether the same shall be made by si^ecial assessment, or
by special taxation of contiguous property, or general taxation, or
I)oth. But in cities, towns or villages having a population of less
than twenty-five thousand, ascertained as aforesaid, no ordinance for
making any local improvement shall be adopted, unless the owners of
a majority of the prox^erty in any one or more contiguous blocks
abutting on any street, alley, park or public place shall petition for
such local improvement.
§ 5. Resteiction on passage of ordinance.] No ordinance for
any local improvements, to be paid wholly or in part b}^ special as-
sessment or special taxation, shall be considered or passed by the
city council or board of trustees of any such city, village or town,
unless the same shall first be recommended by the board of local
improvements provided for by this act.
§ 6. Board of local improvements.] In cities within the
terms of this act having a poxDulation of 25,000 or more by the
last preceding census of the United States, or of this State, there
104 CITIES, VILLAGES AND TOWNS.
is hereby created a board of local improvements, consisting of five
members, of which board the commissioner of i)ublic works shall be
president. The other members of said board shall be the supsrin-
tendent of streets, the superintendent of sewers, the superintendent
of special assessments and the city engineer. In cities having a.
jpopulation of less than 25,000, and in villages and incorporated
towns, there shall be constituted a like board; the mayor of said city,,
or the president of such village or town, shall be president of such,
board, and the other members shall be the public engineer and su-
perintendent of streets of such municipality where such officers shall
be provided for by ordinance, but if at an}^ time no such officers shall
be provided for. then the cit}^ council or the board of trustees, as the
case may be, shall by ordinance designate two members of such
body, who shall, until otherwise provided by ordinance, constitute
the other members of the board.
§ 7. Proceedings preliminaey to public hearing.] All ordi-
nances or local improvements, to be paid for wholly or in part by
special assessment or special taxation, shall originate with the board
of local improvements. Petitions for any such public improvement
shall be addressed to said board. Said board shall have the power to-
originate a scheme for any local improvement, to be paid for by
special assessment or special tax, either with or without a petition,
and in either case shall adopt a resolution describing the proposed
improvement, which resolution shall be at once transcribsd into the
records of the board. Whenever the proposed imi^rovement will re-
quire that private ]3roperty be taken or damaged, such resolution
shall describe the jproperty proposed to be taken for that purpose.
Said board shall, by the same resolution, fix a day and hour for the
public consideration thereof, which shall not be less than ten days after
the adoption of such resolution. Said board shall also cause an es-
timate of the cost of such improvement (omitting land to be ac-
quired), to be made in writing by the public engineer (if there be
one, if not then by the pre3ident) over his signature, which shall be
itsmized to the satisfaction of said board, and which shall be made a
part of the record of su^h resolution. Notice of the said time and
place shall be published by posting in at least four conspicuous
places in the vicinity oE the proposed improvement, shall contain the
substance of the resolution adopted by the board, the estimate of the
cost of the proposed improvement. In case the said resolution shall
be adopted in pursuance of a petition of the owners of at least one-
half of the private property to front upon said improvement, the
said posting shall be sufficient. If the same originate with the
board, wivhout XDctition, a like notice shall be sent by mail directed
to the person who paid the general taxes for the last preceiling year
o 1 each parcel fronting on the improvement proposed, and also in
either case pasted as aforesaid. In case any pstition is presented
for a local improvement, a hearing shall bs had in the sam? manner
indicated above, whether a preliminary resolution b^ adojp'ed by the
board or not; and if, upon such hearing, the board shall deem such
CITIES, VILLAGES AND TOWNS. 105
improvement desirable, they shall adopt a resolution therefor, and
prepare and submit an ordinance therefor as hereinafter provided.
§ 8. Public hearing.] At the time and place fixed in said
notice for public . hearing, the said board shall meet and hear the
representations of any person desiring to be heard on the subject of
the necessity for the proposed improvement, the nature thereof, or
the cost as estimated. After such hearing, in case any person shall
appear to object to the proposed improvement, or any of the elements
thereof, said board shall adopt a new resolution, abandoning the said
proposed scheme, or modifying the same, or adhering thereto, as
they shall consider most desirable ; and thereupon, if the said pro-
posed improvement be not abandoned, the said board shall cause an
ordinance to be prepared therefor, to be submitted to the council or
board of trustees (as the case may be) . Such ordinance shall pre-
scribe the nature, character, locality and description of such im-
X3rovement, and shall provide whether the same shall be made wholly
or in loart by special assessment, or special taxation of contiguous
property; and if in part only, shall so state. If property is to be
taken or damaged for said improvement, such ordinance shall de-
scribe the same with reasonable certainty.
§ 9. Recommendation by board.] With any such ordinance,
presented by such board to the city council or board of trustees,
shall be presented also a recommendation of such improvement by
the said board, signed by at least a majority of the members thereof.
The recommendation by said board shall be prima facie evidence
that all the preliminary requirements of the law have been complied
with, and if a variance be shown on the proceedings in the court, it
shall not aft'ect the validity of the proceeding unless the court shall
deem the same willful or substantial.
§ 10. Estimate of cost.] Together with the said ordinance and
recommendation shall be presented to the city council or board of
trustees an estimate of the cost of such improvement itemized so
far as the board of local improvements shall think necessary, over
the signature of the engineer of the board, if there be one; if not.
then of the president of said board, who shall certify that, in his
opinion, the said estimate does not exceed the probable cost of the
improvement proi^osed and- the lawful expenses attending the same.
The recommendation by said board shall be prima facie [evidence]
presume! to be based upon a full compliance with the requirements
of the act.
§ 11. Publication of ordinance.] Upon the ^presentation to
the common council or board of trustees of such proposed ordinance,
together with such recommendation and estimate, if the said esti-
mate of cost shall exceed the sum of one hundred thousand dollars
($100,000.00), (exclusive of the amount to be paid for land to be
taken or damaged) , such ordinance shall be referred to the proper
committee and published in the proceedings of the council or board
of trustees, in the usual way, in full, with the recommendation and
estimates, at least one week before any action shall be taken
thereon by the council or board of trustees.
106 CITIES, VILLAGES AND TOWNS.
§ 12. When property is taken.] Should such an ordinance
provide for improvements which require the taking or damaging of
property, the x^roceeding for making just compensation therefor shall
be as described in sections 13 to 33, inclusive, in this act.
§ 13. Petition.] Whenever any such ordinance shall be passed
by the legislative authority of any such city, village or town, for the
making of any local improvement that such city, village or town is
authorized to make, to be paid for wholly or in part by special assess-
ment or by special taxation, the making of which will require that
private property be taken or damaged for public use, such city or
village shall, either in such ordinance or by subsequent order, desig-
nate some officer to file a petition in some court of record of the
county in which such city, village or town is situated, in the name of
the municipality, praying that steps may be taken to ascertain the
just compensation to be made for private propert}^ to be taken or
damaged for the improvement or purpose specified in such ordinance,
and to ascertain what property will be benefited by such improve-
ment, and the amount of such benefit.
§ 14. Contents of petition — commissioners.] Such petition
shall contain a reasonably accurate description of lots, blocks, tracts
and parcels of land which shall be taken or damaged. There shall
be filed with or attached to such petition a copy of said ordinance,
certified by the clerk, under the corporate seal, but the failure to file
such copy shall not affect jurisdiction of the court [to proceed in
said cause and to act upon said petition ; but if it shall apxDear in any
such cause that a copy of the ordinance has not been attached to
or . filed with said petition before the report of the commissioners
shall be filed, as provided in section fifteen, then, upon motion of
any person whose real estate is to be taken or to be assessed, the en-
tire jpetition and proceedings shall be dismissed. Upon the filing of
the petition the court shall enter an order designating two compe-
tent persons as commissioners, to act with the superintendent of
special assessments (where such officer is provided for by this act,
and in other cases the president of said board of local improve-
ments) , who shall investigate and report to the court the just com-
pensation to be made to the respective owners of private prop-
erty which will be taken or damaged for the said improvement,
and also what real estate will be benefited by such improvement,
and the amount of such benefits to each parcel. Neither shall be
employes of the petitioning municipality, and both shall be disin-
terested i^ersons. They shall be allowed a fee for their services,
which shall be fixed by the court in advance and taxed as costs and
included in the amount to be assessed. The amount so allowed may
be taxed as costs and included in the amount to be assessed. The
amount so allowed may be reviewed by the court on motion. Said
three commissioners shall be duly sworn to make a true and just as-
sessment of the cost of said improvement according to law. The
concurrence of any two in a report shall be sufficient.
CITIES, VILLAGES AND TOWNS. 107
§ 15. Commissioners' EEPOET.] Such commissioners shall there-
upon make such investigation and prepare and file in court their
report accordingly, in and by which report they shall, in one column,
describe the respective parcels of property to be taken or damaged for
such improvement; in another column the respective owners of record
of the said parcels of land, the name and residence of each such owner
being set opposite his own property; in another column the name
and residence of the occupant, where the i^roperty is occupied, so far
as known to such commissioners or can be found upon diligent in-
quiry; in another column the amount of the value of each piece or
parcel to be taken for such improvement, setting the same opposite
the property to which it relates; and in another column the amount
of damages, if any, which, in their opinion, will result to any piece
or parcel of land not taken, by reason of the said improvement, de-
scribing each piece or i3arcel so damaged by a reasonably accurate
description. Said commissioners shall further estimate and report
what prox^ortion of the total cost of such improvement (including
therein their estimate of value and damages and the estimate of cost,)
will be of benefit to the public and what x^roportion tliereof will be
of benefit to the property, and shall apportion the same between the
municipality and such property so that each shall bear its relative
equitable proportion; and having found said amounts, shall further
report what lots, blocks, tracts and parcels of land will be specially
benefited by the said improvement, and shall describe the same by a
reasonably accurate description, and shall apportion and assess the
amount so found to be of benefit to the xoroperty ux)on the several
lots, blocks, tracts and jjarcels of land in the ijroxDortion in which
the}' will be severally benefited by said imx3rovement: Provided,
that no lot, block, tract or jDarcel of land shall be assessed a greater
amount than it will be actually benefited.
§ 16. Net damage or benefit.] If the amount awarded to any
X)erson for xjrojjertj^ taken or damaged for such xjroceeding be greater
than the amount assessed against him for such imx^rovement, or if
the benefit be greater than the damage, in either case the difference
only shall, in any case, be collectable of them or paid to them.
§ 17. Offset foe land donated.] In the assessment of damages
and benefits for the oioening of any street or allejr it shall be lawful
for such commissioner, in making such assessment, Avhere x>art of the
land to be laid out into such street or alley has been theretofore
donated by any j^erson or jjersons for such street or alley, to ajppraise
the value of the land so donated, and to ai3X)ly the value thereof, so
far as the amount so aj^x^raised shall go. as an offset to the benefits
assessed against the x^erson or x^ersons making such donation, or pa.v-
ties claiming under them, but nothing herein contained shall au-
thorize any x^erson or x^ersons by whom such donation is made to
claim from the city, village or town the amount of such ax^x^raise-
ment, excex^t as an offset, as herein provided; and where the assess-
ment is only for the widening of any street which may have been
theretofore donated, either in whole or in part, to the x^ublic by the
108 CITIES, VILLAGES AND TOWNS.
proprietors of the adjoining land, it shall also be lawful for said com-
missioners, in their discretion, to make such allowance therefor in
their assessment of benefits as shall seem to them equitable and just;
but in either such case they shall state in their report the amount
of such allowance, and the same shall be subject to review as the
court shall direct.
§ 18. Commissioners' ceetificate.] Such commissioners shall'
return their said report to the court in which said petition was filed,-
and file the same with the clerk thereof, with their certificate duly
verified, stating in substance that they have carefully examined the'
questions referred to in their report, and that in their opinion the
amounts awarded for damages and value therein, and the assessment
district therein shown, and the respective amounts assessed against
the private pro^^erty, and also the apportionment of the cost of said'
improvement between the public and the private property assessed,,
and the allowance for xDroperty theretofore dedicated, if any, are cor-
rect, equitable and just. The return and filing of such report shall
be deemed an application by the petitioner for judgment of condemna-
tion of the property so to be taken or damaged and for a confirma-
tion of the said assessment of benefit.
§ 19. Affidavit of oaynership.] The superintendent of special
assessments, or president of the board of local improvements (as the
case may be), shall file with said report an affidavit made by himself,
or by some employe of his office, that the affiant has carefully exam-
ined the records in the recorder's office of the said county for file-
names of the owners of record of the several lots, blocks, tracts and!
parcels of land to be taken or damaged for said improvement, and:
also for the names of the owners of record of the respective lots,,
blocks, tracts and parcels of land against which benefits are assessed'
in said rejoort, and that the names of such owners are correctly shown
in the column or schedule of ownership in said report; also, that he
has diligently inquired as to the residence of the respective owners,
of property to be taken or damaged for said improvement, and of all
the respective lots, blocks, tracts and parcels of land against which
benefits are assessed in said report, that the names of such owners
are correctly shown in the column or schedule of ownership in said
report; also, that he has diligently inquired as to the residence of the
respective owners of property to be taken or damaged for said im-
provement, and of all the respective lots, blocks, tracts and parcels of
land against which benefits have been assessed in said report (speci-
fying the nature of the inquiry and examination he has made for that
purpose), and that the residences of the said owners are correctly
stated, according to the result of his said examination, in the column
or schedule of residences in said report; also, that in all cases where
he has been unable to find the residence of the owner of such record
title, he has examined the return of the collector's warrant for taxes
on real estate for the preceding year, and has set opposite each such
parcel, whose owner has not been found, the name of the person who
paid the tax on said parcel for the preceding year, together with his
place of residence, wherever, on diligent inquiry, he was able' to find
the same.
CITIES, VILLAGES AND TOWNS. 109
Said affidavit, or an affidavit filed therewith, shall further state that
the affiant has visited each of the parcels of land to be taken or dam-
aged for said improvement described in said report, for the purpose
of ascertaining whether or not the same was occupied, and the name
and residence of the occupant, if any; and that in every case where
;said parcels of land were found to be occupied, upon such investiga-
tion, the name of the occupant is stated in said re^Dort opposite such
parcel, together with his residence, when ascertained. Such affidavit
and report shall be prhna facie exidende that the requirements of this
act have been complied with.
§ 20. Jurisdiction of defendants.] Every person who shall be
named in said re^jort as an owner of property to be taken or damaged
for the said improvement, and every person who shall be therein named
as an occiii^ant of any parcel thereof, shall be made a party defend-
ant in said proceeding. All other persons having or claiming inter-
ests in any of said premises shall be described and designated as "all
whom it may concern," and by that description shall be made defend-
ants. Upon the filing of the report aforesaid, a summons, wdiich may
be made returnable ux)on any day in term time, not less than fifteen
(15) days after its date, shall be issued and served upon the persons
made party defendants, as in cases in chancery. But if service of
.such summons shall be had less than ten days before said return day,
no steps shall be taken in said matter against the defendant so served,
■or his property, before the first day of the next term of said court
which shall occur ten days or more after such service. And as to
such of said defendants as are shown by said affidavit to be non-resi-
dents of the State of Illinois, or whose residences are shown thereby
to be unknown, and the defendants designated as "all whom it may
■concern," the clerk of the court shall cause publication to be made
in some newspaper designated by the court for that purpose by an
order to be entered of record in the cause, containing notice of the
pendency of such proceeding, the parties thereto, the title of the
court, the time and the place of the return of the summons in the
<3ase, the description of the property to be taken or damaged, the total
cost of the improvement as shown by the estimate and report, and
the nature of the iDroceeding; such notice shall further state that a
special assessment has been made to raise the cost of said improve-
ment, and the time and place of filing the report thereof; such pub-
lication to be made four weeks, consecutively, at least once in each
week, the first of which shall be at least thirty days before the return
■day of such summons. A similar notice shall be i)osted for ten days
before such return day in two public places in the vicinity of said
improvement.
§ 21. Mailing notice to owners.] Where the residence of any
■defendant named in said report is shown thereby to be outside of the
State of Illinois, and such residence is stated therein, a copy of the
said notice shall be sent by mail to such party, at the address so
given, at least fifteen days prior to the return day of the said sum-
mons. If the residence of any defendant shall be found to be un-
known, as shown by the said report and affidavit, a similar notice shall
110 CITIES, VILLAGES AND TOWNS.
be sent to the person last paying taxes upon such premises, if his.
residence be stated in such report. Such service, publication and
notices shall be sufficient to give the court jurisdiction of all the par-
ties whose lands are to be taken or damaged, so as to determine all
questions relating to said proceeding, and affecting the lands de-
scribed in the report.
§ 22. Mailing notices to paeties assessed.] There shall be
sent by mail, post paid, to each person whose property has been as-
sessed for benefits in said proceeding (not being owners of property
taken or damaged therefor), directed to the address as shown in said
report, or where not so shown, then generally to the city, village or
town in which said imjjrovement is to be made, at least fifteen days
before the said return da3\ a notice stating the nature of said improve-
ment, the description of such owner's property assessed therefor, the
amount of such assessment, and the date when the summons in said
cause will be returnable, and when objections thereto may be filed.
An affidavit of one of the commissioners, or some other person, show-
ing such service, mailing, posting and publication, shall be prima
facie evidence of a compliance with all the requirements thereof; but
the publication may be proved in any other manner x3rovided by law.
§ 23. Teials.] Upon the return of said summons, or as soon
thereafter as the bvisiness of the court will permit, the court shall
proceed to a hearing of the said cause, and shall impanel a jury to
ascertain the just compensation to be paid to all such owners of prop-
erty to be taken or damaged; and if objections shall be filed to the
confirmation of the assessment of benefits, such objections shall be
submitted to the same jury at the same time: and thereupon such
jury shall ascertain the just comi^ensation to be paid to the owner of
each lot. block, tract or parcel of land to be taken or damaged in said
proceeding, and shall also determine whether or not any lot, piece or
parcel of land assessed in said proceeding, for which objections have
been filed, has been assessed more than it will be benefited by said
improvement, and on such hearing the report of the officer, so returned
and filed as aforesaid, shall be prima facie evidence, both of the
amount of the compensation to be awarded and of the benefits to be
assessed.
§24. Separate trials.] If, however, an}^ defendant or party
interested shall demand, and if the court shall deem it proper, sepa-
rate juries may be impaneled, either as to the benefits assessed or as
to the compensation or damages to be paid to any one or more of
such defendants or parties in interest.
§ 25. View by the jury.] The court may. upon the motion of
the petitioner, or of any person claiming any such compensation,
direct that the jury, (under the charge of an officer) , shall view the
premises which it is claimed by any party to said proceeding will be
taken or damaged by said improvement, and in any case, where there
is no satisfactory evidence given to the jury as to the ownership of,
or as to the extent of, the interest of any defendant in the property
CITIES, VILLAGES AND TOWNS. Ill
to be taken or damaged, the jury may return their verdict as to the'
compensation or damage to be paid for the property or part of pro^D-
erty to be taken or damaged, and for the entire interests therein.
§ 26. Adjournments.] Upon the return of such verdict, the'
court shall order the same to be recorded, and shall enter such judg-
ment or decree thereon as the nature of the case may require. The
court shall continue or adjourn the cause from time to time, as to all
occupants and owners named in such petition who shall not have
been served with process, or brought in by notice or b}^ publication,
and shall order a new summons to issue and publication to be made,
and upon such occupants or owners being brought into court, shall
impanel a jury to ascertain the compensation so to be paid to sucli
defendant or defendants for private property taken or damaged, and
the amount of benefits to be assessed against them, if any ; and like
proceedings shall be had for such pur^oose as hereinbefore provided
in the case of other owners; but no final judgment shall be entered
as to any of the property embraced in said roll until all the issues in
the case have been disposed of, including revised or recast rolls, i£
any.
§ 27. Where title has changed.] The court shall have poM^er,
at any time, upon proof that any such owner named in such petition,
who has not been served with process, has ceased to be such owner
since the filing of such petition, to impanel a jury and ascertain the
just compensation to be made for the property (or damage thereto)
which has been owned by the person so ceasing to own the same, and
benefits thereto; and the court may, upon any finding or findings of
the jury, or at any time during the course of such proceedings, enter
such order, rule, judgment or decree as the nature of the case may
require.
§ 28. Adverse claimants.] No delay in making an assessment
of compensation shall be occasioned by any doubt or contest which
may arise as to the ownership of the property of any part thereof, or
as to the interests of the respective owners or claimants, but in such
case the court may require the jury to ascertain the entire compen-
sation or damage that should be paid for the property, or part of the
property, and the entire interests of all laarties therein, and may re-
quire adverse claimants to interplead, so as to fully determine their
rights and interests in the compensation so ascertained. And the
court may make such order as may be necessary in regard to the
deposit or payment of such compensation.
§ 29. Infant or insane owners.] When it shall appear from
said petition or otherwise, at any time during the proceedings upon
such petition, that any infant or insane or distracted person is inter-
ested in any property that is to be taken or damaged, the court shall
appoint a guardian ad litem for such infant or insane or distracted
person, to defend the interest of such infant or insane or distracted
person in such property, or the compensation which shall be awarded.
therefor.
IVA CITIES, VILLAGES AND TOWNS.
§ 30. Effect of judgment.] Any final judgment or judgments
rendered by said court upon any finding or findings of any jury or
juries shall be a lawful and sufficient condemnation of the land or
property to be taken, upon the payment of the net amount of such
finding, as hereinafter provided. It shall be final and conclusive as
to the damages and benefits caused by sach improvement, unless
such judgment or judgments shall be ajjpealed from; but no appeal
or writ of error upon the same shall delay joroceedings under said
ordinance, if the petitioner shall deposit, as directed by the court,
the amount of judgment and costs, after deducting the benefits as-
sessed and adjudged against such proioerty, if any, and shall file a
bond in court in which such judgment was rendered, in a sum to
be fixed, and with security to be approved by the judge of said court,
■which shall secure the payment of any future compensation which
may at any time be finally awarded for the property in question and
oosts.
§ 31. Order for possession.] The court, upon proof that the
amount of said just compensation, so found by the jury, (in excess
of the benefits so assessed and adjudged against the same x3roperty) ,
has been paid to the person entitled thereto, or has been deposited
as directed by the court, (and bond given, in case of an appeal or writ
of error,) shall enter an order that the petitioner shall have the right,
at any time thereafter, to take ]30Ssession of or damage the i3roperty,
• in respect to which compensation shall have been so paid or depos-
ited as aforesaid. Such order shall not be appealable as a separate
order if the same be entered in time to be made a part of the record
on api^eal or writ of error from the judgment, or before the cause is
taken under advisement upon hearing by the Supreme Court, but
may be reviewed upon appeal or writ of error from the judgment.
§ 32. Proceedings pending appeal.] Upon the return of a ver-
dict in a proceeding to acquire property .for a public improvement, if
no motion for a new trial be made, or if made, then if overruled, the
petitioner shall within ninety days after final judgment as to all de-
fendants, both as to the amount of damages and compensation to be
awarded and benefits to be assessed, elect whether it will dismiss
said proceeding or enter judgment in said verdict. If it shall elect
to enter such judgment, it shall become thereby bound and liable to
pay the amount thereof, whether such assessment be collected or
not, and such judgment or condemnation shall not be conditional.
Petitioner shall not thereafter be permitted to withdraw from such
proceeding, or to dismiss the same, without the consent of all parties
whose land is thereby condemned, except as hereinafter provided.
In case an appeal or writ of error be taken by either party from the
judgment of condemnation or confirmation, then unless the peti-
tioner shall file in the cause its written election to proceed with the
improvement notwithstanding the appeal, no steps shall be taken to
collect the assessment, nor to compel payment of the compensation
awarded until said appeal or writ of error be disposed of and final
judgment entered in the cause; or in case of reversal, until a new
CITIES, VILLAGES AND TOWNS. 113
trial and judgment; but in case of final reversal petitioner may still
elect to abandon the proceeding: Provided, the same be done within
sixty (60) days thereafter.
§ 33. If, in any case, upon the filing of the roll by the commis-
sioners, it shall appear that the amount assessed as benefits is not
sufficient to pay the awards, with the costs; or if, upon the disposi-
tion of the whole case, any such deficiency shall ap^Dear, the court
may, on the application of the petitioner, cause the roll to be again
referred to the same or other commissioners, to be recast; and in
such cases said commissioners shall consider and report whether or
not other premises will be benefited by said improvement, or whether
or not the premises already assessed will be benefited thereby in any
greater amount, and In what amount, if any; and shall make and re-
turn a revised assessment roll, and the same may be done from time
to time as often as any deficiency shall appear. But no lot, block,
tract or parcel of land shall be assessed more than it will [be] benefited
by said improvement, nor more than its proportionate share of the
costs of the improvement. If any premises not already described in
said roll shall be assessed by the commissioners, the owners thereof
shall be shown, a notice given as for an original assessment; and if
the assessment on any premises previously assessed shall be increased
thereby, or if any property shall be newly assessed, the owner thereof,
if not already represented in court, shall be notified in like manner,
and a hearing shall be had as above provided.
§ 34. Improvements eequested by majority of frontage —
SIDEWALKS.] Whenever the owners of a majority of the property
in any one or more contigaous blocks abutting on any street, alley,
park or public place, shall petition for any local improvement there-
on, the board of local improvements, in any city, village or town,
shall take the steps hereinbefore required for a hearing thereon, but
at such hearing shall consider only the nature of the proposed im-
provement and the cost thereof, and shall determine, in the manner
above provided, the nature of the improvement which they will
recommend, and shall thereupon prepare and transmit to the legisla-
tive body a draft of an ordinance therefor, together with an estimate
of the cost, as above described, and shall recommend the passage
thereof, which recommendation shall be prima facie evidence that
all the preliminary steps required by law have been taken; and there-
upon it shall be the duty of such legislative body to pass an ordi-
nance for the said improvement, and take the necessary steps to have-
the same carried into effect. Whenever any 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 thirty-
days after the time at which said ordinance shall take effect in which
to build or renew such sidewalk opposite to 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, Oif such
ordinance.
114 CITIES, VILLAGES AND TOWNS.
Notice of the passage of such ordinance shall be sent by mail
within ten days after such passage to the person who paid the taxes
on said premises for the preceding year, if he or they can be found
in said county, and also to the occupant of said property, if the same
be at such time actually occupied, and an afl&davit of such service
shall be filed with the official report of such assessment. Such
affidavit shall he prima facie evidence of a compliance with said re-
quirements.
§ 35. Special tax.] When the ordinance under which a local
improvement shall be ordered shall provide that such improvement
shall be made wholly or in part by special taxation of contiguous'
property, such special tax shall be levied, assessed and collected, as
nearly as may be, in the manner provided in the sections of this act
providing for the mode of making, assessing and collecting special
assessments: Provided, that no special tax shall be levied or assessed
upon any property to pay for any local improvement in an amount
in excess of the special benefit which such property shall receive
from such improvement. Such ordinance shall not be deemed con-
clusive of such benefit, but the question of such benefit and of
the amount of such special tax shall be subject to the review and de-
termination of the court, and be tried in the same manner as in pro-
ceedings by special assessment.
§ 36. Special ASSESSMENT.] When the ordinance under which a
local improvement is ordered to be made, containing no provisions
for the condemnation of private property therefor, shall provide that
such improvement shall be wholly or in part paid for by special
assessment, the proceedings for the making of such assessment shall
be in accordance with the following provisions of this act.
§ 37. Jurisdiction of courts.] Upon the passage of any ordi-
nance for a local improvement pursuant thereto, it shall be the duty
of the officer specified therein to file a petition in some court of
record in said county, in the name of such municipality, praying that
steps may be taken to levy a special assessment for the said improve-
ment, in accordance with the provisions of the said ordinance. The
several circuit and county courts of this State and the superior court
of Cook county shall have jurisdiction of any proceeding under this
act. There shall be attached to or filed with such petition a copy of
the said ordinance, certified by the clerk, under corporate seal; also
a copy of the recommendation of the board of local improvements,
and of the estimate of the cost, as approved by the legislative body.
The failure to file any, or either, of said copies shall not affect the
jurisdiction of the court to proceed in said cause, and to act upon
said petition; but if it shall appear in any such cause that such
copies have not been attached to or filed with said petition before
the filing of the assessment roll therein, then, upon motion of any
objector for that purpose, on or before appearance day in said cause,
the entire petition and proceeding shall be dismissed.
§ 38. Order for assessment.] Upon the filing of such petition
the court shall enter an order directing the superintendent of special
assessments, in cities were such officer is provided for by this act,
CITIES, VILLAGES AND TOWNS. 11^
otherwise some competent person appointed by the president of the
board of local improvements, to make a true and impartial assess-
ment of the cost of the said improvement upon the petitioning
municipality and the property benefited by such improvement.
§ 39. Apportionment of cost.] It shall be the duty of such
officer to estimate what proportion of the total cost of such improve-
ment will be of benefit to the public, and what proportion thereof
will be of benefit to the iDroperty to be benefited, and to apportion
the same between the city, village or town and such property, so that
each shall bear its relative equitable proportion ; and having found
such amounts to apportion and assess the amount so found to be of
benefit to the property upon the several lots, blocks, tracts and
IDarcels of land, in the proportion in which they will be severally
benefited by such improvement: Provided, that no lot, block, tract
or parcel of land shall be assessed a greater amount than it will be
actually benefited; also to investigate and report the district which
will be benefited by such improvement, describing the same by
boundaries.
§40. Description OF peoperty ASSESSED.] In levying any special
assessment or sx)ecial tax, each lot, block, tract or parcel of land shall
be assessed seiDarately, in the same manner as upon assessment for
general taxation: Provided, that this requirement shall not apply
to the property of railroad companies, or the right of way and fran-
chise of street railway companies, but the same may be described in
any manner sufficient to reasonably identify the property intended
to be assessed.
§ 41. Assessment roll — notices.] The assessment roll shall
contain a list of all the lots, blocks, tracts and x)arcels of land assessed
for the projDosed improvement, the amount assessed against each, the
name of the person who iDaid the taxes on each such parcel during:
the last preceding calendar year in which taxes were paid, as ascer-
tained upon investigation by the officer making the return, or under
his direction, the residence of the person so paying the taxes on each
such parcel, if the same can on diligent inquiry be found; in case of
assessment in installments, the amount of each installment shall also
be stated; and the officer making such roll shall certify under oath
that he verily believes that the amounts assessed against the public
and each parcel of property are just and equitable, and do not exceed
the benefit which will in each case be derived from said improvement,
and that no lot, block, tract or parcel of land has been assessed more
than its proportionate share of the cost of said improvement. Notice
shall be given of the nature of the improvement, of the j^endency of
said proceeding, of the time and place of filing the petition therefor,
of the time and place of filing the assessment roll therein, and of the
time and place at which application will be made for confirmation of
the assessment, the same to be not less than fifteen days after the
mailing of such notices. Such notices shall be sent by mail postpaid
to each of the said persons paying the taxes on the respective parcels
during the last preceding year in which taxes were paid, at his resi-
dence as shown in the assessment roll, or, if not shown, then to such
116 CITIES, VILLAGES AND TOWNS.
person so paying the taxes, directed generally to the city, village or
town in which said improvement is proposed to be made. Such
notice shall state the amount assessed to the person to whom the
same is directed for the improvement proposed, the total amount of
the cost of said improvement, and the total amount assessed as ben-
efits upon the public. An affidavit shall be filed before the final
hearing showing a compliance with the requirements of this section,
and also showing that the afiiant (either the officer making the said
return, or some one acting under his direction,) made a careful exam-
ination of the collector's books showing the payments of general
taxes during the last preceding year in which the taxes were paid
thereon, to ascertain the person or persons who last paid the taxes
on said respective parcels, and a diligent search for their residences,
and that the report correctly states the same, so. as ascertained by
the affiant; and said report and affidavit shall be conclusive evidence,
for the purposes of said i^roceeding, of the correctness of the assess-
ment roll in said particulars; but in case the said affidavit shall be
found in any respect wilfully false, the person making the same
shall be deemed guilty of perjury, and subject to the pains and pen-
alties provided for such oft'ense by the laws of this State.
§ 42. Division of assessment into installments.] It shall be
lawful to provide by the ordinance for any local improvement, the
cost of which is to be defrayed by special assessment or special taxa-
tion, or by ordinance passed at any time before the confirmation of
the assessment roll, that the aggregate amount assessed against prop-
erty, and also each individual assessment, be divided into installments,
not more than five (5) in number: Pi^ovided, that any such special
assessment or special tax levied for building sewers or laying water
mains, or locating, erecting and constructing reservoirs and hydrants
for the purpose of fire protection, may in like manner be divided into
not exceeding ten (10) installments. In all cases such division shall
be so made that all installments shall be equal in amount, except
that all fractional amounts shall be added to the first imstallment, so
as to leave the remaining installments of the aggregate equal in
amount, and each a multiple of one hundred dollars. The first in-
stallment shall be due and payable on the second day of January
next after confirmation of the assessment, and the second installment
one year thereafter, and so on annually until all are paid.
All installments except the first shall bear interest from and after
the date of confirmation until jjaid, at a rate not exceeding six (6)
per centum per annum, to be fixed by the ordinance. Tlie interest-
on each installment, except the first, shall be payable as follows: On
the second day of January next succeeding the date of CQ-nfimation
the interest accrued up to that time on all unpaid installm'nts shall
be due and payable and be collected with the installment, and there-
after the interest on all unpaid installments, then payable, shall be
payable annually, and be due and payable at the same time as the
installments maturing in such year, and be collected therewith.
CITIES, VILLAGES AND TOWNS. 117
In all cases it shall be the duty of the municipal collectors, as the
case may be, whenever payment is made of any installment, to collect
interest thereon up to the date of such payment, whether such pay-
ment be made at or after maturity.
Any person may pay the whole assessment against any lot, piece
or parcel of land, or any installment thereof, with interest, up to the
date of payment, at any time before the bonds hereinafter mentioned
are issued, but after said bonds are issued, payment shall not be re-
ceived of any installment before its maturity, unless interest tliereon
up to the second day of the succeeding January is also X3aid at the
same time.
§ 43. Ketieement of bonds annu-ally.] On or before January
tenth ol each year the treasurer of the municipality issuing such
bonds, or some other officer designated by ordinance for that purpose,
shall ascertain the amount of such assessment collected and applica-
ble to the payment of bonds of each series unmatured, and shall
select by lot bonds of series to such amount, to be paid therewith,
and shall give notice in some newspaper published in such munici-
pality (or if none be so published, then in the nearest newspaper,) of
the number of bonds to be so paid, the series thereof, the assessment
to which they relate, and the particular bonds so selected to be paid,
and that the same will be paid, at a place to be specified, on the tenth
day of February next following. And thereupon, from and after
said tenth day of February, said bonds shall be payable at the
place so appointed, on demand, and no further interest shall accrue
tnereon. "" - "^— ~™iorTmMn
§ 44. Notice by posting and publication. ] Petitioner shall, in ad-
dition to the other notices herein provided for, cause at least fifteen
days' notice to be given prior to the time at which the confiriiation
of said assessment will be sought, by posting notices in at
least four xDublic places in such city or village, all of which
shall be in the neighborhood of such proposed improve-
ment; and by publishing the same at least five successive
days in some daily newspaper of said city, village or town,
to be directed by order of the- court; or if no daily newspaper
is published in such city, village or town, and a weekly pajper is pub-
lished therein, then at least once in each week for two successive weeks
in some weekly newspaper so directed; such order to be entered of
record in the cause; or if no daily or weekly newspaper is published
in such city, village or town, then at least once in each week for two
successive weeks in some other newspaper published in the county in
which such city, village or town is situated, to be fixed by the court
in like manner. Where other corporate authorities having power to
make use of the provisions of this act shall do so, the notice may be
published in any daily or weekly newspaper directed by the court in
such proceeding, by order duly entered of record therein. The notice
shall be over the name of the officer levying such assessment, and be
substantially as follows:
118 CITIES, VILLAGES AND TOWNS.
"SPECIAL ASSESSMENT NOTICE.
"Notice is hereby given to all persons interested, that the city
council (or board of trustees, or other corporate authorities, as the
case may be,) of , having
ordered that (here insert a brief description of the nature of the im-
provement) , the ordinance for the same being on file in the office of
the clerk, having applied to the
court of
county for an assessment of the costs of said im^Drovement, according
to benefits, and an assessment thereof having been made and re-
turned to said court, the final hearing thereon will be had on the
day of , A. D. 18....,
or as soon thereafter as the business of the court will permit. All
persons desiring may file objections in said court before said day, and
may appear on the hearing and make their defense."
(Here give date.)
Where the assessment is payable in installments, the number of
installments and the rate of interest shall also be stated, and all no-
tices required by this act to be posted shall be printed in clear, large
black type, and On white paper.
§ 45. Continuance poe notice.] If fifteen days shall not have
elapsed between the first publication or the putting up of such notice,
and the day fixed in said notice for filing objections, said cause shall
be continued until the next term of the court, at or prior to which
time objections may be filed, with the same effect as if within said
fifteen days.
§46. Objections.] Any person interested in- any real estate to
be affected by such assessment may appear and file objections to such
report by the time mentioned in said notice, or in case of incomplete
notice, then as specified in the last iDreceding section, or within such
further tiine as the court may allow, and the court may make such
order in regard to the time of filing such objections as may be made
in cases at law in regard to filing pleas; but no prior rule need be
taken therefor unless directed by the court. As to all lots, blocks,
tracts and parcels of land, to the assessment of which objections are not
filed within the time aforesaid, or such other time as may be ordered
by the court, defaults may be entered and the assessment confirmed
by the court, notwithstanding objections may be pending and undis-
posed of as to other x3roperty.
§ 47. Eeview op assessment roll by the court.] Upon objec-
tion or motion for that purpose, the court in which said proceeding
is pending may, in a summary way, inquire whether the officer mak-
ing the report has omitted any property benefited; also whether or
not the assessment, as made and returned, is an equitable and just
distribution of tlie cost of said improvement, first, between the pub-
lic and the propert}^; and second, among the paresis of property as-
sessed. The court shall have the power, on such application being
CITIES, VILLAGES AND TOWNS. 119
made, to revise and correct the assessment levied, to change or modify
the distribution of the total cost between the public and property
benefited, and also to change the manner of distribution among the
parcels of private property, so as to produce a just and equitable as-
sessment, considering the nature of the property assessed, and its
capacity for immediate use of the improvement wlien completed.
The court ma}^ either make such corrections or changes, or determine
in general the manner in which the same shall be made, and refer the
assessment roll to the person filing the same for revision and correc-
tion. The determination of the court as to the correctness of the
distribution of the cost of the improvement between the public and
the property to be assessed shall be conclusive, and not subject to
review on appeal or writ of error.
§ 48. Hearing op legal objections.] On the application of the
petitioner, at any time after the return daj^ the court may set down
all objections, except the objection that the property of the objector
will not be benefited to the amount assessed against it, and that said
property is assessed more than its proportionate share of the cost of
such improvement, for a hearing at a time to be fixed by the court,
and upon such hearing the court shall determine all questions relat-
ing to the sufficiency of the proceedings, the distribution of the cost
of the improvement between the public and the projoerty, and of the
benefits between the different parcels of property assessed, together
with all other questions arising in such proceeding, with the excep-
tion aforesaid, and shall thereupon enter an order in accordance with
the conclusions it shall reach : but such order shall not be deemed a
final disjDosition of any such questions for the purpose of appeal,
unless objectors shall waive further controversy as to the remaining
question upon the record.
§ 49. Teial by jury.] If it be objected on the part of any
property assessed for such imx^rovement, that it will not be benefited
thereby to the amount assessed thereon, and that it is assessed more
than its jproportionate share of the cost of such improvement, and a
jury be not waived by agreement of parties, the court shall impanel
a jury to try the said issue, and in such case, unless otherwise or-
dered by the court, all such objections shall be tried and disposed of
before a single jury. The assessment roll, as returned by the officer
making the same, or as revised and corrected by the court on the
hearing of the legal objections, shall be prima fcicie evidence of the
correctness of the amount assessed against each objecting owner,
but shall not be counted as the testimony of any witness or wit-
nesses in the cause. Either party may introduce such other evi-
dence as may bear Jipon the said issue or issues. The hearing shall
be conducted as in other cases at law, and if it shall appear that the *
premises of any objector are assessed more than they will be bene-
fited by the said improvement or more than its proportionate share ^
of the cost of such improvement, the jury shall so find, and shall also ^
find the amount for which such premises ought to be assessed, and ^
judgment shall be rendered accordingly.
\
120 - CITIES, VILLAGES AND TOWNS.
§ 50. Distribution of deficiency.] Wherever, on a hearing by
the court, or before a jury, the amount of any assessment shall be ren-
dered [reduced] or canceled, so that there shall be a deficiency in the
total amount remaining assessed in the proceeding, the court shall
have the power, in the same proceeding, to distribute such deficiency
upon the other property in the district assessed in such manner as the
court shall find to be just and equitable, not exceeding, however, the
amount it will be benefited by said improvement. In case any por-
tion of such deficiency be charged against such property not repre-
sented in court, a new notice, of the same nature as the original
notice, shall be given in like manner as the original notice, to show
the cause why the said assessment, as thus increased, should not be
confirmed, and the owners of or parties interested in such proi3erty
shall have the right to object in the same form and with the same
effect as in case of the original assessment, and the court shall have
the same power to dispose thereof.
§ 51. Precedence for trial.] The hearing in all the case^
arising under this act, if in the county court, may' be had at either a
kiw or a probate term of said court; and such proceedings shall have
precedence over all other cases in any court where the same shall be
brought, except criminal cases or other cases in which the public is
a moving party.
, § 52. Modification by court.] The court before which any
such proceedings may be pending shall have authority to modify,
alter, change, annul or confirm any assessment returned as aforesaid,
in addition to the authority already conferred upon it, and may take
all such x^roceedings, and make all such orders, as may be necessary
to make a true and just assessment of the. cost of such improvement,
according to the principles of this act, and may from time to time,
as may be necessary, continue the application for that purpose, as to
the whole or any part of the premises.
§ 5-B. Land to be first acquired.] No special assessment or
special tax shall be levied for any local improvement until the land
necessary therefor shall be acquired and in possession of the munic-
ipality, except in cases where proceedings to acquire such land shall
have been begun and proceeded to judgment.
§ 51. Prior improvement of same kind no objection.] It
shall be no objection to the legality of any local improvement that a
similar one shall have been previously made in the same locality, if
the ordinance therefor be recommended by the board of local im-
provements, as above provided; but nothing herein contained shall
be construed to interfere with any defense in said proceeding relat-
ing to the benefits received therefrom.
§ 55. Judgment on installment assessments.] In case of a
special assessment or a special tax levied to be paid by installments,
under the provisions of this act, the order of confirmation that shall
be entered upon the return of the assessment roll shall apply to all
of the installments thereof, and may be entered in one order.
CITIES, VILLAGES AND TOWNS. ' 121
§ 56. Effect of judgment. ] The judgments of the court shall
be final as to all the issues involved, and the proceedings in said
cause shall be subject to review by appeal or writ of error as herein-
after provided, and not otherwise: Provided, Jioivever, that by mu-
tual consent the same may be vacated or modified at a subsequent
term, except as hereinafter provided.
Such judgments shall have the effect of several judgments as to
each tract or parcel of land assessed, and no appeal from any such
judgment or writ of error shall invalidate or delay the judgments,
except as to the property concerning which the appeal or writ of
error is taken. Such judgments shall be a lien upon the property
assessed from the date thereof, to the same extent and of equal force
and validity as a lien for the general taxes, for a period of five years,
if such assessment is jDayable in a single sum; if payable by install-
ments, then until five years after the last installment comes due.
Nothing in this section contained shall interfere with the right of a
petitioner to dismiss its i^roceedings, and for that purpose to vacate
such judgment at its election at any time before commencing the
actual collection of such assessment: Provided, that after the con-
tract for the work shall have been entered into, or the bonds men-
tioned in this act issued, no judgment shall be vacated or modified
or any petition dismissed at a term subsequent to that at which the
judgment was rendered, nor the collection of the assessment be in
any way stayed or delayed by the council or board of trustees or
board of local imi3rovements, or any officer of the municipality,
without the consent of the contractor and bondholder.
§ 57. Vacation of assessment — new assessment.] If any as-
sessment shall be annulled by the city council or board of trustees,
or set aside by any court, a new assessment may be made and re-
turned, and like notice given and proceeding had as herein required
in relation to the first; and all parties in interest shall have like
rights, and the city council or board of trustees and the court shall
perform like duties and have like power in relation to any subse-
quent assessment as are hereby given in relation to the first assess-
ment.
§ 58. New assessment foe completed work.] No special
assessment shall be held void because levied for work already
done under a prior ordinance, if it shall appear that such work
was done in good faith, by the contract duly let and executed,
pursuant to an ordinance providing that such improvement should
be paid for by special assessment or special tax. This provision
shall only apply when the prior ordinance shall be held insufficient
for the purpose of such assessment, or otherwise defective, so that
the collection of the assessment therein provided for becomes im-
possible. A new or special ordinance shall in such case be passed,
providing for such assessment, and such ordinance need not be pre-
sented by the board of local improvements.
§ 59. Supplemental Assessments.] If in any case the first
assessment i^rove insufficient, a second may be made in the same
122 CITIES, VILLAGES AND TOWNS.
manner, as nearly as may be, and so on until sufficient moneys shall
have been realized to pay for such public improvement. It shall be
no objection to such assessment that the prior assessment has been
levied, adjudicated and collected, unless it shall appear that in such
prior cause, upon proper issue made, it was specially found, in
terms, that the property objected for would be benefited by said im-
provement no more than the amount assessed against it in such prior
proceedings. If too large a sum shall at any time be raised, the ex-
cess shall be refunded ratably to those against whom the assessment
was made.
§ 60. New assessment against delinquents.] If from any
cause any city, village or town shall fail to collect the whole or any
portion of any special assessment or special tax which may be levied,
which shall not be canceled or set aside by the order of any court,
for any public improvement authorized to be made and paid for by
a special assessment or a special tax, the city council or board of
trustees may, at any time within five years after the confirmation of
the original assessment, direct a new assessment to be made upon
the delinquent property for the amount of such deficiency and in-
terest thereon from the date of such original assessment, which
assessment shall be made, as nearly as may be. in the same maimer
as is herein prescribed for the first assessment. In all cases where
partial payments shall have been made on such former assessments,
they shall be credited or allowed on the new assessment to the prop-
erty for which they were made, so that the assessment shall be equal
and impartial in its results. If such new assessment prove insuf-
ficient, either in whole or in part, the city council or board of trus-
tees may, at any time within said period of five years, order a third
to be levied, and so on in the same manner and for the same pur-
pose; and it shall constitute no legal objection to such assessment
that the property may have changed hands, or been encumbered,
subsequent to the date of the original assessment.
§ 61. Collection — certipying eoll.J The clerk of the court
in which such judgment is rendered shall thereupon certify the
assessment roll and judgment, or so much thereof as shall have
already merged in judgment, to the officer of such city, village or
town authorized to collect such special assessment :'or if there has.
been an appeal or writ of error taken on any part ol such judgment,
then he shall certify such i^art of the judgment a^ is not included in
such apxDeal or writ of error, and such certificate shall be filed by the
officer receiving the same in his office. With such assessment roll
and judgment the clerk of such court shall also issue a warrant for
the collection of such assessment. The court shall have power to
recall such warrant as to all or any of the property affected at any
time before jjayment or sale, in case the proceeding be abandoned by
the petitioner or the judgment be vacated or modified in a material
respect, as hereinbefore provided, but not otherwise:
Frovlded, that in case of assessaients or taxes payable in single
installment, on which any judgement or confirmation shall be en-
tered after February nineteenth and prior to April fifteenth in any
CITIES, VILLAGES AND TOWNS'. 123
year, the warrant therefor may be directed by the court, or [on] request
of the petitioner, to be issued directly to the general officer author-
ized by law to obtain judgment thereon, who shall proceed to collect
the same and obtain judgments for the amounts not paid, in the
same manner in all respects as if the same had been returned to him
by the municipal collector. And in cases of assessments or taxes
payable in installments a warrant may, in like manner, be certified
to said general officer to collect the first installment thereof and in-
terest due therewith, and a duplicate warrant to the municipal col-
lector, to collect the balance thereof as the same shall mature.
§ 62. Waerant to collectoe.] When the entire roll is not
merged in judgment at one time, the clerk may certify the same in
the manner above mentioned, from time to time, as judgment is
rendered on portions thereof; and the warrant accompanying such
certificate in each case shall be authority for the collection of so
much of such assessment as shall be included in the portion of the
roll thereto attached. The warrant in all cases of assessment under
this act shall contain a copy of such certificate of the judgment, de-
scribing lots, blocks, tracts and parcels of land assessed, so far as
they shall be contained in the portion of the roll so certified, and the
respective amounts assessed on each lot, block, tract or parcel of
land, and shall be delivered to the officer authorized to collect such
special assessment. The collector having a warrant for any assess-
ment levied to be paid by installments may receive any or all of the
installments of such assessment, but if in part only, then in their
order: Provided, lioioever, that the person i^aying installments not
due and payable, after the letting of any contract for such improve-
ment, shall also pay interest thereon to the second day of January
next following.
§ 63. Collector's notice.] The collector receiving such war-
rant shall immediately give notice thereof by publishing a notice in
one or more newspapers in such city, town or village, if such news-
paper is there, and if there is no such newsjpax^er, then by posting
four copies thereof in public places along the line of the proposed
imj)rovement; such notice may be substantially in the following
form :
"SPECIAL ASSESSMENT NOTICE."
"Special Warrant, No "
"Notice: Public notice is hereby given that the (here insert title
of court) has rendered judgment for a' special assessment (or special
tax) upon property benefited by the following improvement: (here
describe the character and location of the improvement in general
terms), as will more fully appear from the certified copy of the judg-
ment on file in my office; that the warrant for the collection of such
assessment (or special tax) is in the hands of the undersigned. All
124 CITIES, VILLAGES AND TOWNS.
persons interested are hereby notified to call and pay the amount as-
sessed at the collector's office (here insert location of office,) within
thirty days from the date hereof.
"Dated this day of , A. D. 18. . . .
Collector."
When such assessment or special tax is levied to be paid in in-
stallments, such notice shall, in addition to the foregoing, contain
the amount of each installment, the rate of interest deferred install-
ments bear, the date when payable.
§ 61. COLLECTOE S DEMAND — PENALTY — ENTRY OE PAYMENT.] It
shall be the duty of the collector into whose hands the warrant shall
come, as far as practicable, to call upon all persons, resident within
the neighborhood, whose names appear upon the assessment roll, or
the occupants of the property assessed, and personally, or by written
or printed notices left at his or her usual place of abode, inform
them of such sx^ecial assessment, and request payment of the same.
Any such collector omitting to do so shall be liable to a penalty of
ten dollars for every such ommission, but the validity of the special
assessment, or the right to apply for and obtain judgment thereon,
shall not be affected by such omission. It shall be the duty of such
collector to write the word "paid" opposite each- tract or lot on which
the assessment is paid, together with the name and postoffice address
of the person making the payment, and the date of payment.
§ 65. Report of delinquent list to county collector.] It
shall be the duty of the collector, on or before the first day of April
in each year, to make a report in writing to the general officer of the
county authorized or to be designated by the general revenue laws
of this State to applj^ for judgment and sell lands for taxes due the
county and the State, of all the land, town lots, and real property on
which he shall be unable to collect special assessments, or install-
ments thereof matured and pavable, or interest thereon, or interest
due on installments not yet matured on all warrants in his hands,
with the amount of such delinquent special assessments or install-
ments and interest together with his warrants; or, in case of an assess-
ment levied to be paid by installments, with a brief description of
the nature of the warrant or warrants received by him authorizing
the collection thereof, which report shall be accompanied with the
oath of the collector that the list is a correct return and report of the
land, town lots and real property on which the special assessments
(or special tax levied by the authority of the city of or
town or village of as the case may be,) or installments
thereof, or interest, remain due and unpaid; that he is unable to col-
lect the same, or any part thereof, and that he has given the notice
required by law that such warrants have been received by him for
coUectioH.
§66. Report TO be EVIDENCE.] Said report, when so made, shall
be j3?"ma/ac/0 evidence that all the forms and requirements of the
CITIES, VILLAGES AND TOWNS. 125
law, in relation to the making of said return, have been complied with,
and that the special assessments, or special taxes, or the matured in-
stallments thereof, and the interest thereon, and the interest accrued
on installments not yet matured, mentioned in said report, are due
and unpaid, and upon the application for judgment of sale upon such
assessment or matured installments thereof, or the interest thereon,
or the interest accrued on installments not yet matured, no defense
or objection shall be made or heard which might have been inter-
posed in the proceeding for the making of such assessment, or the
application for the confirmation thereof, and no errors in the proceed-
ing to confirm, not affecting the power of the court to entertain and
consider the petition therefor, shall be deemed a defense to the appli-
cation herein provided for. When such application is made for
judgment of sale on an installment only of an assessment payable
by installments, all questions affecting the jurisdiction of the court
to enter the judgment of confirmation shall be raised and determined
on the first of such applications. On a^jplication for judgment of
sale on any subsequent installment, no defense, except as to the
legality of the pending proceeding, the amount to be paid, or actual
payment, shall be made or heard. And the voluntary payment by
the owner, or his agent, of any installment, of any assessment, levied
on any lot, block, tract or parcel of land, shall be deemed and held
in law to be an assent to the confirmation of the assessment roll, and
be held to release and waive any and all right of such owner to enter
objections to the application for judgment of sale and order for sale.
The judgment of sale on any installment shall include all interest
accrued on said installment up to the date of said judgment of sale
and also the annual interest due as returned delinquent by the
municipal collector on any installment or installments not matured;
and all judgments of sale for a matured installment shall bear inter-
est on the amount of the principal of said matured installment to the
date of payment or sale.
§ 67. Application for judgment — sale — revenue laws to
GOVERN.] When such general officer shall receive the report above
provided for he shall proceed to obtain judgment against said lots
and parcels of land and property for said special assessment and
special taxes, or installments thereof, and interest remaining due and
unpaid, in the same manner as is or may be by law provided for ob-
taining judgment against lands for taxes due and unpaid the county
or State; and shall in the same manner proceed to sell the same for
the said special assessments, special taxes, or installments thereof
and interest remaining due and unpaid. In obtaining such judg-
ments and making said sale, the said officer shall be governed by the
general revenue law of the State, except when otherwise provided
herein. No application for judgment against lands for unpaid special
taxes or special assessments shall be made at a time different from
the annual application for judgment against lands upon which gen-
eral taxes remain due and unpaid. The application for judgment
upon delinquent special assessments or special taxes in each year
shall include only such special assessment, special taxes, or install-
126 CITIES, VILLAGES AND TOWNS.
ments thereof, and interest, as shall have been returned as delinquent
to the county collector on or before the first day of April in the year
in which said application is made, or have been duly certified directl}"
to said general officer by order of the court, as above herein provided:
Provided, that such judgment of sale shall include interest on ma-
tured installments uj) to the date of such judgment as herein pro-
vided.
§ 68. Return of sales— eedemption.] After making said sale,
the list of lots, parcels of land and property sold thereat shall be re-
turned to the office of the county clerk, and redemption may be made
as provided for by the general revenue law of this State.
§ 69. Sale where assessment paid — penalty.] If the collector
shall receive any moneys for taxes or assessments, or installments
thereof, and give a receipt therefor, for any land or parcel of land,
and afterwards make a return that the said tax, assessment or install-
ment thereof was unpaid, to the State officers authorized to sell land
for taxes, or shall receive the said amount so payable after such re-
turn has been made, and the said property be sold for any tax, assess-
ment or installment thereof which has been so paid and receipted for
by himself or his clerks, he and his bondsmen shall be liable to the
holder of the certificate given to the purchaser at the said sale for
double the amount of the face of the certificate, to be demanded in
two years from the date of the sale, and recovered in any court hav-
ing jurisdiction of the amount; and the city, village or town shall in
no case be liable to the holder of such certificate.
§ 70. Paying over— compensation.] The collector or collectors,
and the general officer aforesaid to whom the said warrants shall be
returned, shall pay over to the city, village or town treasury to which
it shall belong all moneys collected by them, respectively, upon or
by virtue of such warrant, or upon any sale for taxes, or otherwise, at
such time or times and in such manner as shall be prescribed by or-
dinance, and shall be allowed such comx^ensation for their services in
the collection of such assessment as the ordinance of the city or vil-
lage may provide, except when such compensation is fixed by a gen-
eral law.
§ 71. General revenue laws apply.] The general revenue
laws of this State, in reference to proceedings to recover judgment
for delinquent taxes, the sale of property thereon, the execution of
certificates of sale and deeds thereon, the force and effect of such
sales and deeds, and all other laws in relation to the enforcement and
collection of taxes, and redemption from tax sales, except as herein
otherwise provided, shall be applicable to proceedings to collect such
si)ecial assessments and special taxes'.
§ 72. Municipality may buy in.] Any city, village or town in-
terested in the collection of any tax or special assessment may, in
default of other bidders, become a purchaser at any sale of property
to enforce the collection of the same, and may, by ordinance, author-
ize and make it the duty of one or more municipal officers to attend
such sales and bid thereat in behalf of the corporation.
CITIES, VILLAGES AND TOWNS. 127
§ 73. CONTEACTS PAtABLE FROM ASSESSMENTS — CLAIM LIMITED TO
EUND COLLECTED.] No persoii or persons, or bodies corporate, taking
any contracts from the city, village or town, and agreeing to be paid
out of special assessments or special taxes, shall have any claim or
lien upon the city, village or town in any event, except from the col-
lection of special assessments or special taxes made or to be made for
the work contracted for, but the municipality §hall cause collections
and iDayments to be made with all reasonable diligence. And in such
case, if it shall appear that such assessment or tax can not be levied
or collected, the municipality shall not, nevertheless, be in any way
liable to such contractor or contractors in case of failure to collect
the same, but shall, so far as it can legally do so, with all reasonable
diligence, cause a valid special assessment, or assessments, special
tax or taxes, to be levied and collected to defray the cost of said work
until all contractors shall be fully paid, and any contractor shall be
entitled to summary relief of mandamus or injunction to enforce the
provisions hereof.
. § 74. Letting contracts — approval.] All contracts for the
making of any pviblic improvement to be paid for wholly or in i^art
by a special assessment or special tax, and any work or other jjublic
improvement, when the expense thereof shall exceed five hundred
dollars, shall be let to the lowest responsible bidder in the manner
herein prescribed, such contracts to be approved by the president of
the board of local improvement.
§ 75. Within sixty days after the confirmation of any special as-
sessment or special tax levied in pursuance of this act, if there be
no appeal perfected, or other stay of proceedings by a court having
jurisdiction, or, in case the judgment for the condemnation of any
property for any such imr)rovement, or the judgment of confirmation
as to any property be appealed from, then, if the petitioner shall file
in such cause a written election to XDroceed with the work, notwith-
standing said appeal, or other stay, steps shall be taken to let the
contract for such work in the manner herein provided. If the judg-
ment of condemnation or of confirmation of the special tax or special
assessment levied for such work be appealed from, or stayed by' a
supersedeas or other order of a court having jurisdiction, and the
petitioner file no such election, then the steps herein provided for
the letting of the contract for such work shall be taken within fifteen
days after the final determination of said appeal or writ of error, or
the determination of such stay, unless the proceeding be abandoned
as herein provided.
§ 76. Notice foe letting contracts — bids.] Notice shall be
given by advertisement in some newspaper adopted for that jDurpose
by the board of local improvements by an order entered in their
records, and by posting notices in two conspicuous places, one of
which shall be in the vicinity of the proposed improvement, that bids
will be received for the construction of such improvement, either as
a whole or in such sections as the board shall specify in its notice, in
accordance with the ordinance therefor; which notice shall state the
time of opening such bids, (not more than fifteen nor less than ten
128 CITIES, VILLAGES AND TOWNS.
days thereafter) , and shall further state where the specifications for
such improvement are to be found, and whether the contractor is to
be paid in cash or in bonds, and if in bonds, then the rate of interest
such vouchers or bonds shall draw. If no newspaper be published
in said municipality, then four such notices shall be posted, all of
which shall be in the vicinity of the proposed improvement. Pro-
posals or bids may be made either for such work as a whole, or for
such specified sections thereof. All proposals or bids offered shall
be accompanied by a check, payable to the order of the president of
the board of local improvements, in his ofiicial capacity, certified by
a responsible bank, for an amount which shall not be less than ten per
centum of the aggregate of the iDroposal. Said proposals or bids
shall be delivered to the president of the board of local improve-
ments, and said board shall, in open session, at the time and place
fixed in said notice, examine and publicly declare the same: Pro-
vided, however, that no proposals or bids shall be considered unless
accompanied by such check.
§ 77. Accepting bid— contract.] Said board of local improve-
ments may reject any and all proposals or bids, should they deem it
best for the public good; and if they shall be of the opinion that a
combination exists between contractors, either to limit the number
of bidders or to increase the contract price, and that the lowest bid is
made in laursuance thereof, it shall be their duty to do so; and said
board may reject the bid of any party who has been delinquent or
unfaithful in any former contract with the municipality, and shall
reject all proposals or bids other than the lowest regular proposal or
bid of any responsible bidder, and may award the contract for said
work or improvement to the lowest responsible bidder at the prices
named in his bid, which award shall be recorded in the record of its
proceedings. Such award, if any, shall be made within twenty days
after the time fixed for receiving bids. If no award be made within
said time, another advertisement for proposals or bids for the per-
■ formance of, the work, as in the first instance, shall be made, and
»;• thereafter proceed in the manner above in this act provided; and such
readvertisement shall be deemed a rejection of all former bids, and
thereupon the respective checks and bonds corresponding to the bids
so rejected shall be returned to the proper parties, but the checks ac-
companying such accepted proposals or bids shall be retained in the
possession of the president of the said board until the contract for
doing said work, as hereinafter provided, has been entered into, either
by said lowest responsible bidder or by the owners of a majority of
the frontage, whereupon said certified check shall be returned to said
bidder. But if the said bidder fails, neglects or refuses to enter into
a contract to perform said work or improvement, as herein provided,
then the certified check accompanying his bid, and the amount there-
in mentioned, shall be declared to be forfeited to said city, village or
town, and shall be collected by it and paid into its fund for the repair-
ing and maintenance of like improvements; and any bonds forfeited
may be prosecuted, and the amount due thereon collected and paid
into the said fund.
CITIES, VILLAGES AND TOWNS. 129
§ 78. Any owner or person interested in any of the property as-
sessed and any bidder shall be entitled to a hearing before said board
on any question connected with such such award.
§ 79. Notice of awaeding contract.] Notice of such award of
contract shall be posted for five days in the same manner as herein-
before provided for the posting of proposals for such work, and shall
be published for two days in a daily newspaper published and circu-
lated in said city, village or town, designated by the said board of
local improvements, by general order for that purpose, duly entered
in its records. Or where there is no daily newspaper in said city or
village, by one insertion of the same in a semi-weekly or weekly
newspaper so published and circulated, and so designated: Provided,
however, that in case there is no newspaper printed or published in
such city, village or town, then notice of award shall only be posted,
as hereinbefore provided.
§ 80. Owners of a ma.jority of frontage may take contract.]
The owners of a majority of the frontage of the lots and lands upon
the street wherein said work is to be done, or their agents, who shall
take oath that they are such owners or agents, shall not be required
to present sealed proposals or bids, but may, within ten days after
the first posting and publication of said notice of said award, elect to
take said work, and enter into a written contract to do the whole work
at ten per centum less than the price at which the same has been
awarded. Should the said owners fail to elect to take said work, and
to enter into a written contract therefor within ten days, or to com-
mence the work within thirty days after the first posting and publi-
cation of said award, and to i^rosecute the same with diligence, it
shall be the duty of the board of local imi^rovements to enter into a
contract with the original bidder to whom the contract was awarded,
and at the prices specified in his bid.
§ 81. Re.jecting bids in case of default.] If such original
bidder neglects, fails or refuses for fifteen days after the first jjosting
and publication of the notice of award, or in case a contract be made
with the owners, and default by them, then, within ten days after
notice that such owners are in default, to enter into a contract, then
said board of local improvements, without further proceedings,
shall again advertise for proposals or bids, as in the first instance, and
award the contract for said work to the then regular lowest bidder.
The bids of all laersons, and the election of all owners as aforesaid,
who have failed to enter into the contract as herein provided, shall
be rejected in any bidding or election subsequent to the first for the
same work.
§ 82. Completing unfinished work — contractors' bonds — pay-
ment OF expenses.] If the owners or contractors, who may have
taken any contract, shall not complete the same within the time
mentioned in the contract, or within such further time as the board
of local improvements may give them, the said board may relet the un-
finished portions of the said work, after pursuing the formalities pre-
130 CITIES, VILLAGES AND TOWNS.
scribed hereinbefore for the letting of the whole in the first instance.
All contractors, contracting owners included, shall, at the time of
executing any contract for such public work, execute a bond to the
satisfaction and approval of the board of local improvements of
feaid city, village or town, in such sum as the said board shall deem
adequate, conditioned for the faithful performance of the contract;
and the sureties shall justify, before some person competent to ad-
minister an oath, in double the amount mentioned in said bond over
-and above all statutory exemptions.
§ 83. Execution and superintendence of woek — no eecourse
TO municipality.] The board of local imiorovements is hereby
.authorized to make, or cause to be made, the written contracts, and
receive all bonds authorized by this act, and to do any other acty
•expressed or implied, that pertains to the execution of the work pro-
vided for by such ordinance or ordinances, and shall fix the time for
the commencement of the work thereunder and for the completion
of the work under all contracts entered into by them, which work
shall be prosecuted with diligence thereafter to completion, and said
board may extend the time so fixed from time to time as they may
think best for the public good. The work to be done pursuant to such
contracts must, in all cases, be done under the direction and to the
satisfaction of the board of local improvements, and all contracts
made therefor must contain a provision to that effect, and also ex-
press notice that in no case except as otherwise provided in the ordi-
nance, or in the judgment of the court, will the said board, or the
municipality, or any officer thereof, be liable for any portion of the
^-expenses nor for any delinquency of persons or property assessed.
§ 84. Crediting EXCESS upon assessments.] Within twenty days
after the execution of the contract for the proposed improvement, as
herein provided, the board of local improvements shall cause the
amount thereof to be certified in writing to the court in which said
assessment was confirmed, together watb the amount estimated by
the board to be required to pay the accruing inCerest on bonds or
vouchers issued to anticipate collection, stating separately the amount
required for each installment, and thereuioon, if the total amount as-
sessed for said improvement upon the public and private property
exceeds the amount of said contract, all of said excess, excepting the
amount required for such interest and expenses herein ijrovided for,
and an amount equal to ten per centum of said contract price, shall
be rebated, proportionately, to the i^ublic and the property owners,
and shall be credited j>ro rata upon the respective assessments for
said improvements, under the direction of the court; and if said as-
sessment roll, or any part thereof, shall have been certified to the
collector, in the manner hereinabove provided, the court shall cause
the amount of such credit to be certified to said collector, who shall de-
duct the same from the assessments included in his warrant or warrants,
dividing the same pro rata among the unpaid installments thereof;
and if in any case the whole of any assessment shall have been paid
CITIES, VILLAGES AND TOWNS. 131
such excess shall be returned, on proper proof, the intent and mean-
ing hereof being that no property owners shall be required to pay to
the collector a greater amount than his proportionate part of the
contract price for said work, and of the expenses thereof, and of the
interest paid thereon, plus ten per centum for contingencies.
§ 85. Inspection of work.] The said board of local improve-
ments shall cause the entire work done pursuant to any such pro-
ceeding and contract, and the materials therefor, to be carefully in-
:.spected during the progress of the work, to the end that the contractor
or contractors shall comi^ly fully and adequately with all the provisions
-of the said ordinance, and of the contract under which said work is to
be done, and the specifications therefor; and upon the complaint of
any proioerty owner that the work or materials do not comply with
;such requirements, the president of the said board of local improve-
ments shall either examine the said work and materials himself, or
-designate some member of- said board to do so, who shall make per-
sonal examination, and certify in writing as to the result thereof,
which written certificate shall be filed with the paj^ers pertaining to
the said board, and be open to iDublic inspection at any time.
§ 86. Bonds to anticipate installments of assessment.] For
the purpose of anticipating the collection of the second and suc-
ceeding installments, provided for in this act, it shall be lawful for
such city, village or town, to issue bonds, ^oayable out of said install-
ments, bearing interest not to exceed six per centum per annum,
payable annually and signed by such officers as may be by ordinance
prescribed; said bonds shall be issued in sums of one hundred dol-
lars, or some multiple thereof, but shall not be dated or issued until
at least sixty days after the installments out of which they are pay-
able begin to draw interest. Each bond shall state on its face out of
which installment it is payable, and shall state, by number or other
•designation, the assessment to which such installment belongs. The
principal of such bonds shall not exceed, in the aggregate, the
amount of such deferred installments, and shall be divided into as
many series as there are deferred installments. Each series shall
become due at some time in the year in which the corresponding in-
stallment will mature, such date to conform, as nearly as may be, to
the time when such installment will be actually collected; such time
to be estimated and determined by the municipal ofiicers issuing
such bonds: Provided, that it shall be lawful to provide, in the case
of any one or more of. the bonds in any series, that such bond or
bonds shall not become due until some subsequent date, not later
than the -thirty-first day of December next succeeding the January
in which the installment against which such series is issued shall be-
come due and payable. Such bonds may be in the following form;
/
132 CITIES, VILLAGES AND TOWNS.
STATE OF ILLINOIS, )
> ss.
County of )
$ Series No.
Bond No.,
of
improvement bond.
"The of
in
county, Illinois, for value received, promises to pay the bearer on
the day of , A. D the
sum of dollars, with interest thereon from date'
hereof, at the rate of six per centum, payable annually on presenta-
tion of the coupons hereto annexed.
"Both principal and interest of this bond are i^ayable at the office-
of the treasurer of said of
"This bond is issued to anticii)ate the collection of a part of the
installment of special assessment No
levied for the purpose of which said installment
bears interest from the day of A. D.
and this bond and the interest thereon are payable solely
out of said installments when collected.
"Dated this day of A. D "
Which said bond may have coupons attached to represent the in-
terest to accrue thereon.
§ 87. Bonds to be issued at par and accrued interest.] Said
bonds may be sold or paid to the contractor having the contract for
the improvement for which the assessment was levied at not less than
their par value and interest accrued to time of delivery, whether sold
or paid to the contractor.
§ 88. Payment by bond or voucher.] Payment for any improve-
ment done or performed under the provisions of this act, to be paid
for out of any special assessment or special tax levied in installments,
as herein provided, may be made in the bonds herein provided for;
and the first installment of such assessment may be applied in the
following manner: From the amount of the first payment, when it
shall be collected, shall first be paid all the costs of making said as-
sessment, including court costs. The remainder of said -payment
may then be paid to the person or persons entitled thereto on the
contract for said work; if not collected when payments fall due,
vouchers therefor may be issued, payable out of said first installment
when collected. Such voucher shall bear no interest and shall be
paid from said installment when collected.
§ 89. Payment of assessment in bonds.] Any property owner
may pay his assessment, wholly or in part, with the bonds or vouch-
ers issued under this act on account of such assessment, applying,
CITIES, VILLAGES AND TOWNS. 133
^however, the bonds and vouchers of each series only to the payment
of the installments to which they relate. In making such payments
such vouchers and bonds shall be taken at their par value and inter-
est accrued to the date of making such payment. All vouchers and
bonds received in payment of such assessment shall be canceled by
the officer receiving the same, as of the date of their receipt, and de-
posited with the treasurer of the said town or village issuing the
,«ame.
§ 90. No CLAIMS EXCEPT AGAINST THE ASSESSMENT.] No person
^or persons accepting the vouchers or bonds as provided herein shall
liave any claim or lien upon the city, town or village in any event for
the payment of such vouchers or bonds, or the interest thereon, ex-
cept from the collections of the installment for which said vouchers
or bonds are issued, but the municipality shall not, nevertheless, be
in any way liable to the holders of said vouchers or bonds in case of
failure to collect the same, but shall with all reasonable diligence, so
far as it can legally do so, cause a valid special assessment or assess-
ments, special tax or taxes, as the case may be, to be levied and col-
lected, to pay said bonds and vouchers until all bonds and vouchers
shall be fully paid. Any holder of vouchers or bonds, or their assigns,
shall be entitled to summary relief by way of mandamus or injunction
to enforce the provisions hereof.
§91. Payments AS WORK PEOGRESSES.] From time to time, as the
work under any contract for such improvement progresses, upon cer-
tificates by the said board of local improvements, or by some officer
designated by such board for that purpose, payments may be made
either in money, vouchers or bonds, as herein provided, to apjDly upon
said contract price, reserving, however, a sufficient amount upon each
of said payments to properly secure, in the judgment of said board, the
faithful performance of the said contract, said reserve to be paid over
at such time and on such conditions as the board shall fix, after the
;said work has been completed or accepted.
§ 92. Interest on bonds to be paid out of assessment.] The
board of local improvements, before the issuance of the vouchers or
bonds, by resolution entered on its records, shall determine an esti-
mated amount deemed as sufficient to make up any probable de-
ficiency of interest, by which, from any cause, collections of interest
may prove insufficient to meet the interest to be iDaid on said bonds
until they mature as hereinbefore provided. Said estimated amount
shall be deducted out of said installments as an item of ex^Dense be-
fore crediting rebates of excess on the assessment, or tax, as herein
directed, and shall be used for no other purpose than to make up such
deficiency until the bonds and vouchers are fully laaid, both principal
and interest.
§ 93. Crediting rebates.] If, upon final settlement with the
contractor for any improvement, and full payment therefor, in
money, vouchers or bonds, there shall be any surplus remaining of
such special assessment, or special tax above the payments aforesaid,
,and above the amount reserved for the payment of interest, as above
134 CITIES, VILLAGES AND TOWNS.
provided, it shall be the duty of the proper authorities of such city,,
incorporated town or village, to at once cause the respective install-
ments remaining uncollected to be credited with their j^i^o rata pro-
portion of said surplus, and in case any person or persons have, be-
fore said credit has been entered, paid such assessment, or any part
thereof, without having received the benefit of said credit, the proper
authorities shall at once cause notice of such over-payment to be sent
by mail to the jjerson by whom such over-payment was made, and
upon proper proofs the same shall be repaid.
§ 94. Expenses to be paid feom geneeal fund.] The cost and!
expenses of maintaining the board of local improvements herein
authorized, of paying the salaries of the members of said board and
the expense of making and levying special assessments or
special taxes and of letting and executing contracts; and:
also the entire cost and expense attending the making and return^
of the assessment rolls, and the necessary estimates, examinations,
advertisements, etc., connected with the proceedings herein provided]
for, excepting the court costs, including the fees to commissioners in.
condemnation proceedings, which are to be taxed as above provided,
shall be j)aid by the city, village or town out of its general fund, ex-
cept that the city, town or village may, in and by the ordinance pro-
viding for the assessment prescribed, that a certain sum not exceed-
ing six per centum of the amount of such assessment shall be applied
toward the payment of the aforesaid and other costs of making and
collecting such assessments.
§ 95. Appeals.] AiDpeals from final judgments or orders of any
court made in the proceedings provided for by this act may be taken-
to the Supreme Court of this State, in the manner provided by law^
by any of the owners or parties interested in laiids taken, damaged
or assessed therein, and the court may allow such an appeal to be
taken jointly and upon a joint bond, or severally, and upon several:
bonds, as may be specified in the order allowing the same.
§ 96. Writs of erroe.] Writs of error from the Sui)reme
Court of this State may issue upon any such judgment, on the appli-
cation of owners or parties interested in the property affected
thereby, as shown by the record, at any time after the disposition of
the last remaining objections to confirmation, if any, and prior to the-
first day of June following the entry of such judgment: Provided,.
that if the warrant for collection as to any parcel be not returned de-
linquent in an}?- year before April first, or certified directly to the gen-
eral officer authorized by law to obtain judgment thereon by April
fifteenth of such year, a writ of error as to such parcel may be sued out
at any time before June first in the year in which the same is so re-
turned or certified: And, provided further, that in every case there
shall be filed with the clerk of the Supreme Court, with the applica-
tion of such writ, an affidavit by the plaintiff in error, or his agent,
setting forth the time when such warrant, as to such property, was
returned delinquent, or so certified; and further setting forth that the
person to whom such notice of the filing of assessment roll as to such
property, as shown by the record, did not not receive the same, or
CITIES, VILLAGES AND TOWNS. 135
otherwiso learn of the pendency of the proceedings for the confirma-
tion of said assessment until less than ten days before the entry of
default against his said property in the court below.
§ 97. Adoption of this act by other municipalities.] Any
city or incorporated town or village may, if it shall so determine by
ordinance, adopt the provisions of this act, and where it shall have so
adopted this act, it shall have the right to take all the proceedings
herein provided for, and have the benefit of all the provisions hereof.
§ 98. Use of provisions of this act by other corporate
authorities. I Wherever authority of law now exists in corporate
authorities in this State to levy special assessments or special taxes
for local improvements, and for that purpose to use the proceedings
or methods provided by article 9 of an act entitled "An act to pro-
vide for the incorporation of cities and villages," approved April 10,
1872, in force July 1, 1872, such cor^^orate authorities are hereby
authorized to make use of the provisions of this act for such purpose,
with the same effect and to the same extent as heretofore authorized
to use the provisions of said article 9, and any such corporate author-
ities as may be hereafter authorized by law to levy such special
assessments or special taxes, may, whether otherwise expressly
authorized thereto or not, make use of the provisions of this act in
like manner. If, in any such case, a board of local improvements, as
required in this act, does .not exist, such corporate authorities shall
take such steps for a public hearing on the subject of the proposed im-
provement or improvements, to be paid for b}^ special assessment or
special taxation, as are herein required of the board of local improve-
ments, and shall act as such board in the manner herein provided, as
nearly as may be, both in originating such improvements and in
executing such work and making payment therefor.
§ 99. Repeal of conflicting acts — pending cases.] All acts
and i^arts of acts in conflict with this act are hereby repealed:
Provided, that the laws subsisting 'at the passage of this act shall
continue to apply to all j)roceedings for the condemnation of lands,
or the confirmation of special assessments or special taxes for local
improvements which are pending in any court in this State when
this act shall take effect, and to all proceedings for the collection of
any deficiency under past levies already made under existing laws;
and also to all proceedings for new assessments made in lieu of
others annulled before this act shall take effect by order of some
court.
Where ordinance for local improvements, to be made by special
tax or special assessment, shall have been already passed when this
act shall take effect, vipon which no court proceedings shall have
been then begun, the proceedings shall be as herein i^rovided, with
the same effect as if such ordinance had originated with the l)oard of
local improvements herein provided for: Provided, that nothiiig in
this act shall be construed to repeal an act entitled "An act to pro-
vide additional means for the construction of sidewalks in cities,
towns and villages," approved April 15, 1875, in force July 1, 1875.
Approved Jun3 14, 1897.
136 CITIES, VILLAGES AND TOWNS.
STREET RAILWAYS OVER BRIDGES.
I 1. Provides for building- of street railways over bridges.
An Act to give comj)anies leasing, operating or controlling bridges
connecting cities, totvns or villages in this State loith cities, towns
or villages in adjoining states, power to lease, own, construct and
operate street railways over such bridge, and in adjoining coun-
ties, and acquire stock in and guarantee bonds of such street
railivays.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That any company owing,
[owning] leasing, operating or controlling a bridge connecting any
city, town or village in this State with any cit5^ town or village of
any adjoining state, may lease, own, construct and operate a street
railway over such bridge and in such cities, towns or villages and
counties in which same may be situated, and in adjoining counties,
and may also acquire and hold stock and guarantee bonds of any
company operating such street railway or railways.
Approved June 4, 1897.
1 1. Tax levy of one per cent, per annum for
repairing and strengthening: levies.
g 2. Duty of the county clerk.
TAX LEVIES.
§ 3. Duty of the collector of taxes.
§ 4. Duty of the treasurer.
§ 5. The two per cent, levy permitted.
An Act to enable cities, villages and towns threcdened with over-
flows or inundations to levy taxes by vote of the electors thereof in
excess of tivo per cent, to strengthen, build, raise or repair the
levees around same and to issue anticipation warrants on such
taxes.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the Genercd Assembly : That when a vote has been
taken, or may hereafter be taken, at a city, village or town election,
resulting in a majority of the legal votes cast at such election for a
tax to build, raise, strengthen or repair the levees around such city,
village or town, such tax not exceeding the rate of one per cent, per
annum, to be levied annually for a period of not exceeding seven years
on the taxable property of such cities, villages and towns now protected
by levees or embankments, or that may be deemed necessary to pro-
tect by levees or embankments in this State, it shall be lawful for
the proper city, village or town authorities of such cities, villages
and towns to make an appropriation by an ordinance of the taxes so
authorized and for such city, village or town authorities to pass an
ordinance levying such taxes for the whole period so authorized by
such vote, and to be annually extended; and to draw anticipation
warrants thereon to the amount that such tax levy would produce
based on the assessment of the preceding year, of all the taxable
CIVIL RIGHTS. 137
property of such city, village or town, such warrants to draw interest'
at not to exceed the rate authorized by such vote authorizing same,
not exceeding seven per cent, per annum: Provided, said warrants
are not sold below par.
§ 2. It shall be the duty of the county clerk of the county in
which such cit)^ village or town is located to annually extend each
year such taxes, when an ordinance is certified to him making such
levy, the same to be extended at the rate so fixed therein, not exceed-
ing one per cent, nor exceeding seven years, and to extend same in a
separate column designated, "levee tax."
§ 3. It shall be the duty of the collector of taxes of such county,
■city or village, or township collector (in counties under township
organization) , when they receive moneys levied as a levee tax, to pay
same over to the proper city, village or town treasurer, every two
weeks, all that may be in such collectors' hands, informing such
treasurer that the same is levee tax, taking his receipt for same as
levee tax paid over.
§ 4. It shall be the duty of the treasurer of such city, village or
town to receive from the collector of taxes such moneys raised for
such purposes and in the manner specified, and pay same out as
rapidly as possible only on warrants issued thereon, so long as any
of such warrants remain unpaid.
§ 5. Such tax so authorized shall still permit the levy of the two
per cent, rate now authorized to be levied for corporate purposes an-
nually as heretofoie.
Approved June 11, 1897.
CIVIL RIGHTS.
PROTECTION TO CITIZENS.
? 1. Amends section 1 of the Act of 1885 by providing that all citizens be entitled to a full
and equal enjoyment, in this State, of enumei'ated rights.
An Act to amend an act entitled "An act to protect all citizens in
their civil and legal rights and fixing a pencdty for violation of
the same.''''
Be it enacted by the People of the State of lUinois, rep>resented
in the General Assembly: That section one. (1) of "An act to pro-
tect all citizens in their civil and legal rights and fixing a penalty
for violation of the same," approved June 10, 1885, in force July 1,
1885, be and the same is hereby amended so as to read as follows:
"Section 1. That all persons within the jurisdiction of said State
shall be entitled to the full and equal enjoyment of the accommoda-
tions, advantages, facilities and privileges of inns, restaurants, eating
nouses, hotels, soda fountains, saloons, barber shops, bath rooms.
138 COCAINE.
theatres, skating rinks, concerts, cafes, bicycle rinks, elevators, ice
cream parlors or rooms, railroads, omnibuses, stages, street cars,
boats, public conveyances on land and water and all other places of
public accommodation and amusement, subject only to the conditions-
and limitations established by law, and applicable alike to all citi-
zens.'"'
Approved June 10, 1897.
COCAINE.
SALE AND PREPARATIONS CONSISTING.
§ 1. Druggists or other persons not allowed I 2. Penalty,
to sell or give away cocaine only upon
prescription of a licensed physician.
An Act for ihe regulation for the sale of cocaine and of prepara-
tions containing cocaine.
Be it enacted hy the People of tlie State of Illinois, represented in
the General Assembly : That Section 1. It shall not be lawful for any
druggist or other person to retail or to sell or to give away any co-
caine, hj^dro-chlorate or other salt of or any compound of cocaine or
preparation containing cocaine, or any salts of or any compound
thereof, excepting upon the written prescription of a licensed physi-
cian or licensed dentist, licensed under the laws of the State, which
prescription shall only be filled once: Provided, that the provisions
of this section shall not apply to sales in the usual quantities at
wholesale by any manufacturer or wholesale dealer, when such man-
ufacturer or wholesale dealer shall have affixed to the box, bottle or
package containing such cocaine, hydro-chlorate or other salt or
compound of cocaine or preparation containing cocaine, a label spe-
cifically setting forth the proportion of cocaine contained in any
preparation.
§ 2. Every person who shall be found guilty of violation of the
provisions of this act shall, for the first offense, be fined a sum not
less than ten dollars nor more than fifty dollars, and for each subse-
quent offense not lesfe than fifty dollars nor more than two hundred
dollars, or imprisonment in the county jail not exceeding thirty days„
or either or bpth, in the discretion of the court.
Approved June 11, 1897.
CONVEYANCES.
139'
CONVEYANCES.
LAND TITLES.
RECOKDERS EX-OFFICIO REGISTRARS.
§ 1. Eecorders to be ex-officio registrars.
§ 2. Registrars' bonds.
I 3. Deputies— powers and duties.
I i. Registrar and deputy debarred from
practicing as attorney while in office.
'i 5. Attorneys to be appointed examiners
of titles.
? 6. Liability of registrar for act of deputy
as examiner.
BRINGING LAND UNDER ACT.
? 7. How land brought under act.
? 8. Fee to be first registered.
'i 9. Lesser estate, etc., to be noted on cer-
tificate of title.
§ 10. Title derived through tax sale, etc.
§ 11. Application to come under act — what
to contain.
§ 12. Any number of pieces of land may be
included in one application.
? 13. Form of application.
§ 14. Application may be amended.
'i 15. Application for registration— to whom
made.
§ 16. Duties of clerk of the court.
§ 17. Applications for registration, orders,
judgments and decrees to be kept in
docket.
? 18, Examination of applicant's title.
'i 19. Issuance of summons.
§ 20. Notice published— form of notice.
§ 21. Notice addressed to defendants.
§ 22. Persons interested may oppose appli-
cation or file cross application.
§ 23. Failure of persons to appear.
'i 24. Court not bound by report of examin-
er.
§ 25. Title in lands vested — clouds removed
from title.
§ 26. Order or decree binding — appeals to
supreme court.
? 27. Actions for the recovery of lands —
when commenced.
§ 28. Notice of adverse title, counter claim,
etc.
REGISTERING THE TITLE.
§ 29. Certificates of title.
§ 30. Form of certificates.
§ 31. Subsequent certificates.
§ 32. The words heirs and assigns notneees-
sarylto create a fee.
§ 33. Certificates of title— requisites.
§ 34. WhereStwo lor more persons are in-
terested.
§ 35. Register of titles— what to contain.
§ 36. Duplicate'certificates.
§ 37. Receipt for certificate of title.
§ 38. Certificates of title— when to take
effect.
? 39. Certificates to be prima facie evi-
dence.
? 40. Rights of registered owner.
i 41. Title to registered land by length of
possession precluded.
§ 42. Fraud— effect of in transfer.
§ 43. Specificate performances — certificate
of title as evidence.
§ 44. In actions of ejectment.
i 45. Memorial to be carried forward.
? 46. Terms of act a rule of property.
TRANSFER.
§ 47. How transfer made.
'i 48. When only a part of land transferred.
? 49. When transfer deemed to be registered
§ 50. File mark on deeds, etc.
i 51. Instruments to remain in registrar's
office.
§ 52. Present forms of instriunents suffi-
cient.
§ 53. Endorsement upon instruments pre-
sented for registration.
§ 54. Deeds, etc., to take effect only as con-
tracts— transfer to be perfected on
completion of registration.
§ 55. Where transfer registered.
140
CONVEYANCES.
g 56. What certificate'shall state.
§ 57. New certificates.
§ 58. Loss of duplicate certificate supplied
by certified copy of original certifi-
cate.
MORTGAGES, LEASES AND OTHER CHARGES.
g 59. Mortgages, liens, etc., may be regis-
tered.
g 60. Proceedings.
I 61. Trust deed subject to same rules as a
mortgage.
I 62. Of duplicates or triplicates, only one
to be filed.
§ 63. Certified copies.
g 64. Assignment] of charge or instrument.
g 65. Release,"! 'discharge, surrender— how
effected.
g 66. Charges— enforced as now provided
by law.
ATTORNEYS IN FACT.
g 67. Power of attorney to be filed.
TRUSTS, CONDITIONS AND LIMITATIONS.
g|68. Conditions,'' limitations etc., to be
noted on instrument.
g 69. Registration of same.
TRANSMISSION.
? 70. Upon death of owner.
g 71. Personal representative of ''deceased
owner to file copies of letters of ad-
ministration, or will, etc.
g 72. Administrator or executor to sell only
on order of court.
g 73. Powers of administrator or executor.
I 74. Executor entitled to transfer.
g 75. Executor under will empowering him
to sell.
g 76. Proof of heirship— conclusive evi-
dence.
g 77. Probate court may order sale of land.
g 78. Court may direct transfer to heirs or
devisees of registered lands in an-
ticipation of final distribution.
g 79. Pinal distribution.
DEALINGS OF ASSIGNEES, RECEIVERS, MAS-
TERS, ETC.
g 80. In assignments, receiverships, etc..
certified copy of order of court to be
filed— memorial.
g 81. Powers of assignee upon filing of
memorial.
TAX SALES.
g 82. Memorial of tax sale— certificate— duty
of holder— notice.
g 83. Effect of tax deed— certificates of title
when issued.
LES PENDENS— NOTICE.
g 84. Doctrine of les pendens as governed
by this act.
JUDGMENTS, ETC.
g 85. When judgment or decree becomes
lien.
ATTACHMENT, EXECUTION, ETC., LIENS.
g 86. When lien arises under attachment,
execution, etc.
I 87. Lands sold by vii'tue of execution,
judgments, etc.
g 88. Transfer of title— when made by the
registrar.
g 89. Claim under lien law.
g 9C. Statutory lien— memorial.
g 91. Cancellation of liens by registrar.
MEMORIALS OF ADVERSE CLAIM, ETC.
§ 92. Persons holding by adverse title to
make affidavit.
PROCEEDINGS IN CHANCERY.
g 93. Jurisdiction of .courts sitting in chan-
cery.
g 94. Remedy of persons aggrieved.
g 95. Order or decree not to be removed
g 96. Court may award damages and'iattoi
ney's fees.
INDICES.
g 97. Registrar to keep reference tract in-
dices.
CONVEYANCES.
141
§ 98. Alphabetical indices.
INDEMNITY FUND.
§ 99. Bringing land under act— charges of
registrar.
§ 100. Investment of funds-
PROCEEDINGS TO RECOVER COMPENSATION
FOR LOSS OR DAMAGE.
§ 101. Damages.
§ 102. Who to be made defendants.
TIME OF PROCEEDINGS LIMITED.
§ 103. Limitation.
An Act concerning land titles.
PENALTIES.
§ 104. Fraudulent procurement of certifi-
cate of title — penalty.
§ 105. Forgery, etc.— penalty.
§ 106. Remedy over.
DOCKET PEES.
§ 107. Clerks of courts— fees.
REGISTRARS' FEES.
§ 108. Fee of registrar.
§ 109. Act to be liberally construed.
SUBMISSION TO VOTE IN COUNTIES.
§ 110. Act to be submitted to the people.
? 111. Emergency.
Be it enacted hy the People of the State of Illinois, represented m
the General Assembly : Recorders ex-officio registrars.] Sec-
tion 1. Recorders and ex-officio recorders of deeds in the several
counties in this State shall be registrars of titles in their respective
counties. Their deputies shall be deputy registrars. All laws rela-
tive to recorders and their deputies, including their comj)ensation,
clerk hire and expenses, shall extend to registrars and their deputies,
so far as the same may be applicable.
§ 2. Every recorder and ex-officio recorder shall, before entering
upon his duties as registrar, give a bond with sufficient security, to
be approved by the judge of the county court, payable to the People
of the State of Illinois in the penal sum of $50,000, (except that in
counties having a population of more than 100,000 inhabitants the
penalty of the bond shall be $200,000) , conditioned for the faithful
discharge of his duties, and to deliver up all papers, books, records
and other property belonging to the county or appertaining to his
office as registrar of titles, whole, safe and undefaced, when lawfully
required so to do; which bond shall be filed in the office of the Sec-
retary of State, and a copy thereof entered upon the records of the
county court.
§ 3. Deputies may perform any and all duties of the registrar in
the name of the registrar, and the acts of such deputies shall be held
to be the acts of the registrar, and in case of the death of the regis-
trar or his removal from office, the chief deputy shall thereupon be-
come the acting registrar until such vacancy shall be filled according
to law, and he shall file a like bond and be vested with the same pow-
ers and subject to the same responsibilities and entitled to the same
compensation as in the case of the registrar.
§ 4. No registrar or deputy registrar shall practice as attorney or
counselor-at-law, nor be in partnership while in office with any attor-
ney or counselor-at-law so practicing.
142 ■ CONVEYANCES.
§ 5. The registrar may appoint in his county two or more com-
13etent attorneys to be examiners of titles and legal advisers of the
registrar. Their compensation shall be fixed in the same manner as
that of deputy registrars.
"Every examiner of title shall, before entering upon the duties of
his office, take and subscribe the oath i^rescribed by the Constitution,
and shall also give a bond in such an amount, with such security as
shall be approved by the judge of the county court, payable in like
manner and with like conditions as required of the registrar. A copy
of the bond shall be entered upon the records of said court and the
original shall be deposited with the registrar."
§ 6. The registrar shall be liable for any neglect or omission of
the duties of his office, when occasioned by a deputy or examiner of
titles, in the same manner as for his own personal neglect or omis-
sion.
Bringing land under act.] § 7. The owner of any estate or
interest in land, whether legal or equitable, may apply as hereinafter
mentioned to have his title registered. He may apply in person or
by an attorney in fact authorized so to do. A corporation may apply
by its authorized agent, an infant by his natural or legal guardian,
any other person under disability bj^ his legal guardian. The per-
son in whose behalf the application is made shall be named as appli-
cant.
§ 8. No mortgage, lien, charge or lesser estate than a fee simple
shall be registered unless the fee simple to the same land is first reg-
istered.
§ 9. It shall not be an objection to bringing land under this act,
that the estate or interest of the applicant is subject to any outstand-
ing lesser estate, mortgage, lien or charge, but every such lesser es-
tate, mortgage, lien or charge shall be noted upon the certificate of
title and the duplicate thereof, and the title or interest certified sjiall
be subject only to such estates, mortgages, liens and charges as are
so noted, except as herein provided.
§ 10. No title derived through sale for any tax or assessment shall
be entitled to be first registered, unless it shall be made to appear
that the a^Dplicant or those through whoin he claims title have been
in the actual and undisputed possession of the land under such title
at least ten years, and shall have paid all taxes and assessments
legally levied thereon for seven successive years of that time.
§ 11. The application shall be in writing, signed and sworn to by
the applicant or the xjerson acting in his behalf. It shall set forth
substantially :
A. The name and place of residence of the applicant, and if the
application is by one acting in behalf of another, the name and place
of residence and capacity of the person so acting.
CONVEYANCES. 143
B. Whether the aioplicant (except in the case of a corporation,) is
married or not, and, if married, the name and residence of the hus-
iDand or wife.
C. The description of the land.
D. The applicant's estate or interest in tiie same, and whether
the same is subject to an estate of homestead.
E. Whether the land is occupied or unoccupied, and, if occupied
by any other person than the applicant, the name and postoffice ad-
dress of each occupant, and what estate or interest he has or claims
in the land.
F. Whether the land is subject to any lien or incumbrance, and,
if any, give the nature and amount of the same, and, if recorded, the
book and page of record; also, give the name and iDostoffice address
of each holder thereof.
G. Whether any other person has any estate or claims any inter-
'est in the land, in law or equity, in possession, remainder, reversion
or expectancy, and, if any, set forth the name and postoffice address
of every such person and the nature of his estate or claim.
H. In case it is desired to settle or establish boundary lines the
names and postoffice addresses of all the owners of the adjoining
lands that may be affected thereby, so far as he is able, upon diligent
inquiry, to ascertain the same.
I. If the applicant is a male, that he is of the full age of twenty-
one years; if a female, that she is of the full age of eighteen years.
If the application is on behalf of a minor, the age of such minor
shall be stated. If the application is by a husband or wife, the other
shall by indorsement thereon acknowledged as in the case of deeds
or by a separate instrument acknowledged in the same way, signify
his or her assent to the registration as prayed.
J. When the place of residence of any person whose residence is
required to be given is unknown, it may be so stated if the applicant
will also state that upon diligent inquiry he has been unable to ascer-
tain the same. All persons named in the ai^plication shall be con-
sidered as defendants thereto, and all other persons shall be included
and considered as defendants by the term, "all whom it may concern."
§ 12. Any number of contiguous pieces of land in the same county
and owned by the same person, and in the same right, or any number
of pieces of property in the same county having the same chain of
title and belonging to the same person, may be included in one ap-
plication.
144 CONVEYANCES.
§ 13. The form of the application may be, with appropriate
changes, as follows:
FORM OF APPLICATION FOR INITIAL REGISTRATION
OF TITLE TO LAND.
To the judge of tlie court of county, Illinois,
in chancery sitting:
STATE OF ILLINOIS, i
[ ss.
County of )
I hereby make ajDplication to have registered the title to the land-
hereinafter described, and do solemnly swear that the answers to the
questions herewith and the statements herein contained are true ta
the best of my knowledge and belief.
(1st.) Name of applicant Age
years. Residence (No. street or township) .
Married to (name husband or wife) . Residence
(No. street or township) .
(2d.) Application made by acting as.
(owner, agent or attorney) Residence
(No. street or township)
(3d.) Description of real estate is as follows:
estate
or interest therein is and subject to
homestead.
(4th.) The land is occupied by
(names of occupants) whose address is .«
(No. street or township) and address
The estate, interest or claim of occupant is
(5th.) Liens and incumbrances on the land
Name of holder or owner thereof
Postoffice address
Amount of claim, $ Recorded, Book , page
. (6th.) Other person. . . ., firm or corporation having or claiming
any estate, interest or claim in law or equity, in possession, reversion
or expectancy in said land are
Address
Character of estate, interest or claim is
(7th.) Other facts connected with said land are.
CONVEYANCES, 145
(8th.) Therefore the applicant prays the court to find and de-
clare the title or interest of the applicant in said land and decree
the same, and order the registrar of titles to register the same, and
to grant such other and further relief as shall be according to equity.
(Applicant signature)
By (Agent, Att'y., Adm'r. or Guard.) ....
Subscribed and sworn to before me by the above named
as (owner,
att'y. or agent, ) this day of , A. D. 18 . .
I hereby assent to the registration of the above described real es-
tate as prayed for by who is my
(husband or wife.)
(Husband or wife's signature)
STATE OF ILLINOIS, )
- ss.
County op )
I, , a
, in and for said count}^ in the State aforesaid,
Do hereby certify that , personally
known to me to be the same person whose name is subscribed to the
foregoing assent, appeared before me this day in person and acknowl-
edged the said assent as free and voluntary act for the uses
and purposes therein set forth.
Given under my hand and seal, this day
of , A. D.18
§ 14. The application may be amended only b}^ supplemental
statement in writing, signed and sworn to as in the case of the
original.
§ 15. The api^lication for registration may be made to any court
having chancery jurisdiction in the county where the land is situated,
and such court shall have power to inquire into the condition of the
title to and any interest in the land, and any lien or incumbrance
thereon, and to make all such orders, judgments and decrees as may
be necessary to determine, establish and declare the title or interest,
legal or equitable, as against all persons, known or unknown, and all
liens and incumbrances existing thereon, whether by law, contract,
judgment, mortgage, trust deed or otherwise, and to declare the order
and joreferences as between the same, and to remove clouds from the
title, and for that purpose the said court shall be always open, and
such orders, judgments and decrees may be made and entered as well
in vacation as in term time.
—10
146 CONVEYANCES.
§ 16. Upon the filing of the application in the office of the clerk
of the court, the clerk shall docket the same in a book to be kept for
that purpose, which shall be known as the "Land. Registration
Docket." The application may be entitled in all entries and pro-
ceedings as follows: "In the matter of the application of (name of
aioplicant,) to' register the title to (here insert short description of
the land,)" and if any person is named as being in x^ossession of the
premises or having any lien or incumbrance upon, or as having or
claiming any interest in the land, such person shall be named as de-
fendant. All other persons shall be made and deemed to be defend-
ants by the name or designation of "all whom it may concern."
§ 17. All applications for initial registration of title shall be
docketed in such book and numbered consecutively, beginning with
number one. All orders, judgments and decrees of the court in the
case shall be minuted in such docket under the number so given it,
with proper reference to the book and page where the order or decree
is recorded.
§ 18. Immediately upon the filing of the application, an order
may be entered referring the same to one of the examiners of titles
appointed by the registrar, who shall proceed to examine into the
title and into the truth of the matter set forth in the application, and
particularly whether the land is occupied, the nature of the occupa-
tion, if occupied; and by what right, and make report in writing to
the court, the substance of the proof and his conclusions therefrom.
He shall have power to administer oaths, and examine witnesses, and
may at any time apx^ly to the court for directions in any matter con-
cerning his investigation. He shall not be required to report the
evidence submitted to him except upon the request of some party to
the proceedings or by the direction of the court. No report shall be
made upon such application until after the expiration of the time
specified in the notice hereinafter provided for the appearance of the
defendants, and in case of such appearance until opportunity is given
to such defendant to contest the rights of the applicant in such man-
ner as may be allowed by the court.
§ 19. The clerk shall also immediately on the filing of such peti-
tion issue summons against all persons mentioned in the petition as
defendants. The summons shall state the date of the filing of the
application, and shall be made returnable at such time as shall be
directed by endorsement thereon, not less than ten days after the fil-
ing of such petition. The summons may be served as in other cases
in chancery.
§ 20. The clerk shall also immediately upon the filing of such
application cause notice of the filing thereof to be published once in
each week for four consecutive weeks in some newspaper published
in the county, or if there is no newspaper published in the county,
then in a newspaper published in one of the counties nearest thereto.
The notice may be substantially as follows:
CONVEYANCES. 147
REGISTRATION OF LAND TITLE.
In the matter of the axaplication of .to
register the title to (here insert description of land as in the appli-
cation, and in case any person is named as defendant, the name of
such persons defendant). To all whom it may concern:
Take notice, That on the day of
A. D., an application was filed by said
in the Court of County, for initial reg-
istration of the title to the land above described. Now, unless you
appear" on or before the day of , A. D.
(the time shall not be less than thirty days after the filing
of such application,) and show cause why such application shall not
be granted, the same will be taken as confessed, and a decree will be
entered according to the prayer of the apxDlication and you will be
forever barred from disputing the same.
§ 21. The clerk shall also, within ten days after the first publica-
tion, send a coi^y thereof by mail addressed to such defendants whose
places of residence are stated in the application and wliose appear-
ance is not entered and who are not served with process. The cer-
tificate of the clerk that he has sent such notice in pursuance of this
section shall be evidence thereof. Other or further notice of such
application may be given in such manner and to such persons as may
be directed by the court or any judge thereof.
§ 22. Any person interested, whether named as defendant or not,
may, upon entering his appearance and answering the application
within the time allowed by this act, or such further time as shall be
allowed by the court, oppose any such application or file a cross-
application in like form, as in case of an original application, to have
the title registered in his behalf. In either case he shall state par-
ticularly what his interest is and full answer make to each and every
of the material allegations of the application, admitting, avoiding or
traversing the same or showing some cause in law why the same
need not be so admitted, avoided or traversed, Such answer shall be
verified by the affidavit of himself or his agent having knowledge of
the facts. The answer shall have no other or greater weight as evi-
dence than the application.
§ 23. If any person shall fail to appear within the time required
of him by summons duly served upon him or within the time
required by any notice given in pursuance of this act, or, appearing,
shall fail to answer the apj)lication as herein provided, his default
may be entered and the application taken as confessed, and upon re-
port of examiner showing that the facts stated in the application are
true and the applicant is the owner of the land or interested therein,
as set forth in the application, the court may grant an order or de-
cree in accordance with the prayer of the application.
§ 24. The court shall in no case be bound by the report of an ex-
aminer of title, but may require other or further proof.
148 CONVEYANCES.
§ 25. The court may, in any proceeding under this act, find and
decree in whom the title to or any interest in the land is vested,
vs^hether in the applicant or in any other person, and remove clouds
upon the title, and also whether the same is subject to any lien or
incumbrance, estate, trust or interest, and declare the same, and may
order the registrar of titles to register such title or interest, and in
case the same is subject to any lien, incumbrance, estate, trust or in-
terest, give directions as to the manner and order in which the same
shall appear upon the certificate of title to be issued by the registrar,
and generally may make any and all such orders and decrees as shall
be according to equity in the premises and as shall be in conform-
ity to the principles of this act.
§ 26. The order or decree so made and entered shall, except as
herein otherwise provided, be forever binding and conclusive upon
all persons, whether mentioned by name in the petition or included
in "all whom it may concern." It shall not be an exception to such
conclusiveness that the ijerson is an infant, lunatic or is under any
disability, but such person may have recourse upon the indemnity
fund, hereinafter provided for, for any loss he may suffer by reason
of being so concluded. An appeal ma}?" be allowed to the Supreme
Court, if i^rayed at the time of entering the order or decree, and upon
like terms as in other cases in chancery. A writ of error may be
sued out of the Supreme Court within two years after the entry of
the order or decree, and not afterwards. Any person having an in-
terest in or lien upon the land who has not been actually served with
process or notified of the filing of such application or the pendency
thereof, may, at any time within two years after the entry of such
order or decree, and not afterwards, appear and file his sworn answer
to such application in like manner as is hereinbefore prescribed for
making answer: Provided, the affidavit shall also state that such
person had no notice, information or belief of the filing of such
application or the pendency of the proceeding until within three
months of the time of the filing of such answer. Upon the filing of
such answer, and not less than ten days' notice being given to the
ajDplicant, the court shall proceed to review the case, and if the court
is satisfied that the order or decree ought to be opened, an order shall
be entered to that effect, and the court may proceed to review the
X3roceeding and make such order in the case as shall be according to
equity in the premises. An appeal may be allowed or writ of error
sued out in such case within a like time and in like manner as in the
case of an original order or decree under this act, and not otherwise.
§ 27. No person shall commence any action at law or in equity
for the recovery of lands or assert any interest or right in or lien or
demand upon the same, or make entry thereon adversely to the title
or interest as found, ordered or decreed by the court, unless within
two years after the entry of the order or decree. This section shall be
construed as giving such right of action to such i^ersons only as shall
not, because of some irregularity, insufficiency or for some other
cause, be bound and concluded by such order or decree.
CONVEYANCES. ' 149
§ 28. Any i3erson having any interest, right, title, lien or demand,
whether vested, contingent or inchoate, in, to or ux^on registered land,
which existed at the time the land is first registered, and upon or for
which no cause of action shall have accrued at the date of the regis-
tration of the land, and who has not become barred or concluded by
such order or decree, may, prior to the exx)iration of said two years
after such registration, file in the registrar's office a notice, under
oath, setting forth his interest, right, title, lien or demand, and how
and under whom derived, and the character and nature thereof; and
if such counter-claim is so filed, an action may be brought to assert
or recover or enforce the same at any time within one year after the
right of action shall have accrued thereon, and not afterwards. It
shall be the duty of a life tenant or trustee to file such counter-claim
on behalf of any remainderman or reversioner, whether the remainder
or reversion be at the time vested or contingent, and of a guardian
to file such counter-claim on behalf of his ward.
Registering the title.] § 29. Upon the filing of a certificate
signed by the clerk giving the effect of the order or decree of the
court, or a copy of such order or decree, in the registrar's office, the
registrar shall proceed to register the title or interest pursuant to the
terms of the order or decree in the manner following:
§ 30. He shall make out a certificate of title which may, subject
to such change as the case may require, be substantially as follows:
FIRST CERTIFICATE OF TITLE PURSUANT TO ORDER
OF COURT OF COUNTY.
STATE OF ILLINOIS,
COUNTY.
3 of (residence, and if a minor give
his age; if under other disability, state the nature of the disability),
married to (name of husband or wife, or if not married say not mar-
ried,) is the owner of an estate in fee simple (or as the case may be,)
in the following land (here describe the premises,) subject to the es-
tates, easements, incumbrances and charges hereunder noted. (In
case of trust, condition or limitation, say "in trust" or "upon condi-
tion" or "with limitation" as the case may be) .
Witness my hand and official seal, this (date) .
(seal) Registrar.
§ 31. All subsequent certificates may be in like form, except that
in place of the words "First certificate," etc., shall be the words
"Transfer from No ..." (the number of the next previous certificate) ,
also the words "First registered. . ." (date of first registration).
§ 32. The words "heirs and assigns" shall not in any case be
necessary to create a fee simple estates of inheritance.
§ 33. Every certificate shall bear date the day and year of its
issue, and. be under the hand and official seal of the registrar, and be
150 CONVEYANCES.
numbered in the order of its issue. It shall state whether the owner
(except in the case of a corporation,) is married or not married, and
if married, the name of the husband or wife. If the owner is a
minor, it shall state his age, if under any other disability, the nature
of the disability. The registrar shall note at the end of the certifi-
cate, in such manner as to show and preserve their priorities, the
particulars of all estates, mortgages, incumbrances and charges to
which the owner's title is subject.
§ 34. In all cases where two or more persons are entitled as ten-
ants in common to an estate in registered land, such persons may re-
ceive one certificate for the entirety, or each may receive a separate
certificate for his undivided share.
§ 35. The registrar shall keep a book, to be known as the "Regis-
ter of Titles," wherein he shall enter all first and subsequent "orig-
inal" certificates of title by binding or recording them therein, in the
order of their numbers, with appropriate blanks for the entry of
memorials and notations allowed by this act. Each certificate, with
such blanks, shall constitute a separate folium of such book. All
memorials and notations that may be entered upon the register under
the terms of this act shall be entered upon ih.Q folium constituted by
the last certificate of title of the land to which they relate. When-
ever the term certificate of title is used in this act it shall be deemed
as including all memorials and notations thereunder noted.
§ 36. The registrar shall, at the same time that he makes out his
original certificate of title, make out an exact duplicate thereof, with
the memorials and notations thereunder noted, which shall be deliv-
ered to the owner and shall be known as the owner's duplicate.
§ 37. For the purpose of preserving evidence of the handwriting
of the owner in his ofiice, it shall be the daty of the registrar to take
from the owner, in every case where it is practicable so to do, his re-
ceipt for the certificate of title, or whatever paper shall be issued to
him, signed by the owner in person. When such receipt is signed
in the registrar's office it may be witnessed by the registrar or some
deputy. If signed elsewhere it may be acknowledged before any offi-
cer authorized to take acknowledgment of deeds. When so signed and
witnessed or acknowledged, such receipt shall be prima facie evi-
dence of the genuineness of such signature.
§ 38. In every case of final registration the certificate of title
shall relate back to and take effect as of the date of the order or
decree directing the registration, and all dealings with the land and
all statutory ot other liens upon the same subsequent to the filing of
the application shall be subject to such order or decree of the court.
§ 39. Such certificate, with the memorials and notations there-
under noted, and any copy thereof duly certified under the hand and
seal of the registrar and the owner's duplicate certificate shall, until
the expiration of the time herein limited to bring some action or to
contest the title of the registered owner, be in all courts and places
prima facie evidence that the provisions of the law have been com-
plied with, and that such certificate of title has been issued in com-
CONVEYANCES. 151
pliance with a valid order or decree, and that the title to the land is
as therein stated, and after tlie expiration of such time limited shall
be conclusive evidence of the same facts.
§ 40. The registered owner of any estate or interest in land
brought under this act shall, except in cases of fraud to which he is
a party, or of the person through whom he claims without valuable
consideration paid in good faith, hold the same subject only to such
estates, mortgages, liens, charges and interests as may be noted in
the last certificate of title in the registrar's office and free from all
others, except:
1. Any subsisting lease or agreement for a lease for a jjeriod not
exceeding five years, where there is actual occupation of the land
under the lease. The term lease shall include a verbal letting.
2. All public highways embraced in the description of the lands
included in the certificate shall be deemed 'to be excluded from the
certificate.
3. Any subsisting right of way or other easement, however
created, upon, over or in respect of the land.
4. Any tax or special assessment for which a sale of the land has
not been had at the date of the certificate of title.
5. Such right of appeal, writ of error, right to ajppear and contest
the application and of such action or to make counterclaim as is
allowed by this act.
§ 41. After land has been registered no title thereto adverse or in
derogation to the title of the registered owner shall be acquired by
any length of possession.
§ 42. Except in case of fraud, and except as herein otherwise
provided, no person taking a transfer of registered land, or any
estate or interest therein, or of any charge upon the same, from the
registered owner shall be held to inquire into the circumstances
under which or the consideration for which such owner or any previous
registered owner was registered, or be affected with notice, actual or
constructive, of any unregistered trust, lien, claim, demand or
interest; and the knowledge that an unregistered trust, lien, claim,
demand or interest is in existence shall not of itself be imputed as
fraud.
§ 43. In any suit for specific xjerformance brought by a registered
owner of any land under the provisions of this act against a person
who may have contracted to purchase such land, not having notice
of any fraud or other circumstances which according to the provis-
ions of this act would affect the right of the vendor, the certificate of
title of such registered owner shall be held in every court to be
conclusive evidence that such registered owner has a good and valid title
to the land and for the estate or interest therein mentioned or described.
§ 44. In any action or proceeding brought for ejectment, parti-
tion or iDossession of land, the certificate of title of a registered
owner shall, except as to any person not bound by the order or
decree of the court, or by some limitation herein or in some other
152 CONVEYANCES.
statute contained, be held to be conclusive evidence that such regis-
tered owner has a good and valid title to the land, and for the estate
or interest therein mentioned or described, subject only to such
estates, mortgages, liens, charges and interests as may be noted there-
under, and unless it shall otherwise appear by such notations that
such registered owner is entitled to the possession of said land.
§ 45. Whenever a memorial or notation has been entered as per-
mitted by this act, the registrar shall carry the same forward upon
all certificates of title until the same is canceled in some manner
authorized by this act.
§ 46. The bringing of land under this act shall imply an agree-
ment which shall run with the land that the same shall be subject to
the terms of the act and all amendments and alterations thereof.
And all dealings with land or any estate or interest therein, after the
same has been brought under this act, and all liens, incumbrances
and charges upon the same subsequent to the first registration
thereof, shall be deemed to be subject to the terms of this act.
Transfer.] § 47. A registered owner of land desiring to trans-
fer his whole estate or interest therein, or some distinct part or par-
cel thereof, or some undivided interest therein, or to grant out of
his estate an estate for life or for a term of not less than ten years,
may execute to the intended transferee a deed or instrument of con-
veyance in any form authorized by law for that purpose. And upon
filing such deed or other instrument in the registrar's office and
surrendering to the registrar the duplicate certificate of title, and
upon its being made to appear to the registrar that the transferee
has the title or interest prox)osed to be transferred and is entitled to
make the convej'ance, and that the transferee has the right to have
such estate or interest tranferred to him, he shall make out and
register as hereinbefore provided a new certificate and also an
owner's duplicate certifying the title to the estate or interest in the
land desired to be conveyed to be in the transferee, and shall note
upon the original and duplicate certificate the date of the transfer,
the name of the transferee and the volume and folium in which the
new certificate is registered, and shaJl stamp across the original and
surrendered duplicate certificate the word "canceled."
§ 48. When only a part of the land described in a certificate is
transferred, or some estate or interest in the land is to remain in the
transferer, a new certificate shall be issued to him for the part, es-
tate or interest remaining in him.
§ 49. Every transferer of registered land shall be deemed to be
registered under this act when the new certificate to the transferee
shall have been entered, as in the case of first registration; and all
other dealings shall be considered as registered when the memorial
or notation shall have been entered in the register upon the folium
constituted by the existing certificate of title of the land. But, for
the protection of the transferee or person claiming through any
CONVEYANCES. 153
transfer or dealing, the registration shall relate back to the time of
filing in the registrar's office the deed, instrument or notice, pursuant
to which the transfer memorial or notation is made.
§ 50. The registrar shall mark as filed every deed, mortgage,
lease and other instrument which may be filed in his ofiice in the
order of its receipt, and shall note thereon at the date of filing the
minute, hour, day and year it is received. When the date of filing
any instrument is required to be entered upon the register it shall
be the same as that indorsed upon such instrument.
§ 51. All instruments, notices and papers required or permitted
by this act to be filed in the office of the registrar shall be retained
and kept in such office. They shall be numbered consecutively and
a list of the same kept in a book for that purpose, describing the
same as "warranty deed," "quit-claim deed," "mortgage," etc.
§ 52. Like forms of deeds, mortgages, leases or other instruments
as are now or may hereafter be sufficient in law for the purpose in-
tended, may be used in dealing with registered land and any estate
or interest therein.
§ 53. On all instruments i^resented to the registrar for registra-
tion shall be indorsed the name and address of the person so pre-
senting the same, and all notices by the registrar or other person
relating to the land therein described may be served on such person
at such address. The address may be changed from time to time by
such person filing with the registrar a written -notice of such change.
§ 54. A deed, mortgage, lease or other instrument purporting to
convey, transfer, mortgage, lease, charge or otherwise deal with reg-
istered land, or any estate or interest therein, or charge upon the
same, other than a will or a lease not exceeding five years where the
land is in actual possession of the lessee or his assigns, shall take
effect only by way of contract between the parties thereto, and as
authority to the registrar to register the transfer, mortgage, lease,
charge or other dealing upon comijliance with the terms of this act.
On the completion of such registration, the land, estate, interest or
charge shall become transferred, mortgaged, leased, charged or dealt
with according to the purport and terms of the deed, mortgage, lease
or other instrument.
§ 55. No transfer of title to land, or any estate or interest
thereon, or mortgage, shall be registered until it shall be made to
appear to the registrar that the land has not been sold for any tax or
assessment upon which a deed has [has] been given and the title is
outstanding, or upon which a deed may thereafter be given, and that
the dower, right of dower and estate of homestead, if any, have been
released or extinguished, or that the transfer or mortgage is intended
to be subject thereto, in which case it shall be so stated in the cer-
tificate of title.
§ 56. Every certificate of title to land shall state whether the
transferer (except when the latter is a corporation,) is married or not
married, and if married the name of the husband or wife. The trans-
154 CONVEYANCES.
feree shall furnish the registrar the necessary information before he
shall be entitled to have the land transferred to him on the register.
§ 57. Upon the application of any registered owner of land held
under se^oarate certificates of title, or under one certificate, and de-
livering up of such certificate or certificates of title, the registrar may
issue to such owner a single certificate of title for the whole of such
land, or several certificates, each containing a portion of such land
in accordance with such application, and as far as the same may be
done consistently with any regulations at the time being in force
respecting the parcels of land that may be included in one certificate
of title, and upon issuing any such certificate of title, said registrar
shall endorse on the last previous certificate of title of such land so
delivered up a memorial setting forth the occasion of such cancel-
lation, and referring to the volume and folium of the new certificate
or certificates of title so issued.
§ 58. In the event of a duplicate certificate of title being lost,
mislaid or destroyed, the owner, together with other persons, if any,
having knowledge of the circumstances, may make affidavit before
the registrar, or before any officer authorized to administer oaths,
stating the facts of the case, the names and descriptions of the reg-
istered owners, and the particulars of all mortgages, encumbrances
or other matters affecting such land and the title thereto to the best
of applicant's knowledge and belief, and the registrar, if satisfied as
to the truth of such affidavit, and the bona fide of the transaction,
shall issue to the owner a certified copy of the original certificate
with the memorials and notations appearing upon the register, and
shall note upon the register the fact, cause and date of such issue^
and shall also mark upon such certified copy: "Owner's certified
copy, issued in j)lace of lost, (mislaid or destroyed, as the case may
be), certificate," and such certified copy shall stand in the place of
and have like effect as the missing duplicate certificate.
Mortgages, LEASES AND OTHEKCHAKGES.] §59. Every mortgage,
lease for a term not exceeding ten years, contract to sell, and other
instrument intended to create a lien, incumbrance or charge upon
registered land or any interest therein shall be deemed to be a charge
thereon, and may be registered as hereinafter provided.
§ 60. On the filing of the instrument intended to create the
charge in the registrar's office, and the production of the duplicate
certificate of title, and it appearing to the registrar that the person
intending to create the charge has the title and right to create such
charge, and that the person in whose favor the same is sought to be
created is entitled by the terms of this act to have the same regis-
tered, he shall enter upon the proper folium of the register, and also
upon the owner's certificate, a memorial of the purport thereof, and
the date of filing the instrument with a reference thereto by its file
number, which memorial shall be signed by the registrar. The reg-
istrar shall also note upon the instrument on file the volume and
folium of the register where the memorial is entered.
CONVEYANCES. 155
§ 61. A trust deed in the nature of a mortgage shall be deemed
to be a mortgage, and be subject to the same rules as a mortgage.
§ 62. When any mortgage, lease, or other instrument creating or
dealing with a charge upon registered land or any estate or interest
therein is in duplicate, triplicate or more parts, only one of the parts
need be filed and kept in the registrar's office, but the registrar shall
note upon the register whether the same is in duplicate, triplicate, or
as the case may be, and shall also mark upon the others "mortgagee's
duplicate," "lessor's duplicate," "lessee's duplicate," or as the case
may be, and note upon the same the date of filing and the .volume
and folium of the register where the memorial is entered, and deliver
them to the parties entitled thereto.
§ 63. When an instrument is not executed in a sufficient number
of parts for the convenience of the parties, the registrar may make
and deliver to each of the parties entitled thereto certified copies of
the instrument filed in his office, with the endorsements thereon,
marking the same "mortgagee's certified copy," "lessor's certified
copy," or as the case may be, and shall note upon the register the
fact of issuing such copies. Such certified copies shall have the
same force and effect, and be treated as duplicates.
§ 64. The holder of any charge upon registered land desiring to
transfer the same or any part thereof, may execute an assignment of
the whole or any part thereof, and upon such assignment being filed
in the office of the registrar, and the production of the duplicate or
certified copy of the instrument creating the charge held by the as-
signor, the registrar shall enter in the register opposite the charge a
memorial of such transfer, with a reference to the assignment by its
file number; he shall also note upon the instrument on file in his
office intended to be transferred and upon the duplicate or certified
copy thereof produced, the volume and folium where the memorial is
entered with the date of the entry. The transferee shall be entitled
to have a certified copy of the instrument of transfer, with the endorse-
ment thereon, and in case of the transfer of the entire charge, the
duplicate or certified copy of the instrument creating the charge.
§ 65. A release, discharge or surrender of a charge, or any part
thereof, or of any part of the land charged, may be effected in the
same way as above provided in the case of a transfer. In case only a
part of the charge or of the land is intended to be released, dis-
charged or surrendered, the entry shall be made accordingly, but
when the whole is released, discharged or surrendered at the same or
several times, the registrar shall stamp across the instrument on file,
and the memorial thereof, and the duplicate or certified copy pro-
duced, the word "canceled."
§ 66. All charges upon registered land or any estate, or interest in
the same, and any rights thereunder, may be enforced as now allowed
by law, and all laws with reference to the foreclosure and release or
satisfaction of mortgage shall apply to mortgages upon registered
land, or any estate or interest therein, exce^Dt as herein otherwise pro-
156 CONVEYANCES.
vided, and except that until notice of the pendency of any suit to
enforce or foreclose such charge is filed in the registrar's office and a
memorial thereof entered on the register, the pendency of such suit
shall not be notice to the registrar or any person dealing with the
land or any charge thereon.
Attorneys IN fact.] § 67. Before any person can convey, charge
or otherwise deal with any registered land or any estate or interest
therein, as attorney in fact for another, the deed or instrument em-
powering him so to act shall be filed with the registrar, and a memo-
rial thereof entered upon the register in like manner as in the case
of a charge. If the attorney shall so desire, the registrar shall deliver
to him a certified copy of the power of attorney, with the endorse-
ments thereon. Revocation of a power may be registered in like
manner.
Trusts, conditions and limitations.] § 68. Whenever a deed
or other instrument is filed in the registrar's ofiice for the x^urpose of
effecting a transfer of or charge u^jon registered lands, or any estate or
interest in the same, and it shall appear that the transfer or charge is to
be upon any trust, condition or limitation exj)ressed in such deed or in-
strument, the registrar shall, unless such deed or instrument expressly
directs to the contrary, note in the certificate, and the duplicate thereof,
or memorial, the words "in trust," or "upon condition," or "with limita-
tions," as the case may be, and no transfer of or charge upon, or deal-
ing with, the land, estate or interest shall thereafter be registered,
unless pursuant to the order of some court, or upon the written
opinion of two examiners that such transfer, charge or dealing is in
accordance with the true intent and meaning of the trust, condition
or limitation.
§ 69. Upon the filing with the registrar of an order of court or
opinion of two examiners, as jDrovided in the last section, and in the
latter event upon the registrar also being satisfied that the proposed
transfer, charge or other dealing is in accordance with the true in-
tent and meaning of the trust, condition or limitation, he shall pro-
ceed to register the same, and such registration shall be conclusive
evidence in favor of the person taking such transfer, charge or other
right, and those claiming under him, in good faith and for a valuable
consideration, that such transfer, charge or other dealing is in ac-
cordance with the true intent and meaning of the trust, condition or
limitation.
Transmission.] § 70. Lands and any estate or interest therein
registered pursuant to this act shall, upon the death of the owner,
go to the personal representatives of the deceased in like manner as
personal estate, whether the owner dies testate or intestate, and shall
be subject to the same rules of administration as if the same were
personalty, except as otherwise provided in this act, and except that
the rule of division shall be the same as in the descent of real prop-
erty, or as shall be x3rovided by will.
§ 71. Before the personal representative of a deceased owner of
registered land, or any estate, or interest therein, shall deal with the
CONVEYANCES. 157
same, he shall file in the registrar's office a certified copy of his let-
ters of administration, or if there is a will, a certified copy of the
same and of the letters testamentary or of administration, with the
will annexed, as the case may be, and shall produce the duplicate
certificate of title, and thereupon the registrar shall enter uj)on the
register and the duplicate certificate, a memorial thereof with a refer-
ence to the letters or will and letters by their file number, and the
date of filing the same.
§ 72. Except in the case of a will devising the lands to an execu-
tor to his own use or u^Don some trust or giving to the executor power
to sell, no sale or transfer of registered land shall be made by the
executor or by an administrator in the course of administration for
the payment of debts or otherwise, except in pursuance of an order
of a competent court obtained as provided by law.
§ 73. But, a memorial of the will and letters testamentar)^ or of
letters of administration being first entered upon the register as
herein provided, the executor or administrator may deal with mort-
gages, leases and other personal interests in or upon registered land
as if he were the registered owner thereof.
§ 74. Where it appears by the will, a certified copy of which with
the letters testamentary is filed as provided in this act, that registered
land is devised to the executor to his own use, or upon some trust,
the executor may have the land transferred to himself upon the
register in like manner and subject to like terms and conditions and
with like rights as in the case of a transfer pursuant to deed filed in
the registrar's office.
§ 75. When the will of a deceased owner of registered land, or
any estate or interest therein, empowers the executor to sell, convey,
incumber, charge or otherwise deal with the land, it shall not be
necessary for such executor to be registered as the owner, but a cer-
tified copy of the will and letters testamentary being filed as x^ro-
vided in this act, such executor may sell, convey, incumber, charge
or otherwise deal with the land pursuant to the power in like manner
as if he were the registered owner, subject to the like conditions as
to the trust, limitations and conditions expressed in the will, as in
case of trusts, limitations and conditions expressed in a deed.
§ 76. Before making distribution of undevised registered land
the executor or administrator shall file in the registrar's office a cer-
tified copy of the proof of heirship made in the probate or county
court, as the case may be, which shall be conclusive evidence in
favor of all persons thereafter dealing with the land that the persons
therein named as the only heirs at law of the deceased owner as such
heirs.
§ 77. The court of probate may, for the purpose of distribution
of the estate, order registered land, or any estate or interest therein,
to be sold by the executor or administrator, and upon the filing of a
certified copy of the order of sale and order of confirmation of the
158 CONVEYANCES.
sale, and the deeds in pursuance of the same, in the registrar's office,
a transfer of the land, estate or interest to the purchaser may be
made upon the register, as, in the case of other sales, by deed.
§ 78. Whenever, after the expiration of the time fixed for the
adjustment of claims against the estate of the deceased, and after
proof of heirship, it shall be made to appear to the court of x^robate
that the estate will justify it, the court may direct the executor or
administrator to make over and transfer to the devisees or heirs, or
some of them, in anticixDation of the final distribution, a i^ortion
or the whole of the registered lands to which they might be entitled
on final distribution. And upon the filing of a certified copy of such
order in the registrar's office, the executor or administrator may cause
such transfer to be made upon the register in like manner, as in case
of a sale. The land so transferred shall be held free from all liens
or claims against the estate. In the proceedings to procure such di-
rection, such notice shall be given as the court of probate may direct.
§ 79. For the purpose of final distribution, the court of probate
may determine the right of all i^ersons in the registered lands, or
any estate or interest therein of the deceased, declare and enforce
the rights of devisees, heirs, persons entitled to dower and home-
stead and others, assign dower and homestead, and make partition
and distribution according to the rights of the parties. The court
may give direction to the executor or administrator as to the transfer
of registered lands, and any estate or interest therein to the devisees
or heirs, and may direct the transfer to be to several devisees or
heirs or tenants in common, or otherwise, as shall appear to the court
to be most convenient, consistently with the rights of the parties, or
as the parties interested may agree.
Dealings of assignees, receivers, masters, etc.] § 80. Before
an assignee for the benefit of creditors, receiver, master in chancery,
special commissioner or other person appointed by court shall deal
with or transfer registered land or any estate or interest therein, he
shall file in the registrar's office a certified copy of an order of the
court showing that such assignee, receiver, master in chancery,
special commissioner or other person is authorized to deal with or
transfer such land, estate or interest, and if it is in the power of
such person, he shall present to the registrar the duplicate certificate
of title; and thereupon the registrar shall enter upon the register
and the duplicate certificate, if presented, a memorial thereof, with
a reference to such order by its file number. In the case of a deed
of the land to the assignee or receiver, the same shall be filed in the
registrar's office as in other cases.
§ 81. Such memorial having been entered, the assignee, receiver,
master in chancery, special commissioner or other person may, sub-
ject to the direction of the court, deal with or transfer such land- as
if he were the registered owner.
Tax sales. § 82. The holder of any certificate of sale of regis-
tered land or any estate or interest therein for any tax, assessment
or imposition shall, within three months after the date of sale, pre-
CONVEYANCES. 159
sent the same, or a sworn copy thereof, to the registrar, who shall
thereupon enter on the register of the land a memorial thereof, stat-
ing the day of sale and the date of presentation, and shall also note
upon the certificate of sale the date of presentation and the book
and page of the register where the memorial is entered. The holder
of such certificate shall also, within the same time, mail to each of
the persons who appear by the register to have any interest in the
land, a notice of the registration of such certificate. Unless such
certificate is presented and registered and notice given as herein
provided within the time above mentioned, the land shall be forever
released from the effect of such sale, and no deed shall be issued in
pursuance of such certificate. When it shall appear by the afiidavit
of the holder of the certificate filed with the registrar that the
place of residence of any person interested in the land can not upon
diligent inquiry be ascertained, the requirement of this section as to
mailing notice shall not apply to such person.
§ 83. A tax deed of registered land or an estate or interest there-
in issued in pursuanc3 of any sale for tax or assessment, made after
the taking effect of this act, shall have only the effect of an agree-
ment for the transfer of the title upon the register,, and may be filed
in the registrar's office, and a transfer effected as in case of other
deeds of conveyance.
But no certificate of title shall be issued thereon, except upon the
surrender and cancellation of the outstanding certificate of title, or
upon the order of court as provided in section 88 of this act, and no
such order shall be granted except upon petition to the court order-
ing the sale for the tax or assessment. No such order shall be
granted except after personal service of notice upon all persons in
possession of the premises, and notice either by personal services or
by publication, as provided in i3roceedings in chancery, to all persons
ap]pearing upon the register to have any interest in the premises.
And in case any minor heir, idiot or insane person is interested in
the premises, no such order shall be granted until the exxDiration of
the time to redeem the premises allowed by law to such minor heir,
idiot or insane person shall have expired.
Les pendens — NOTICE.] § 84. No suit, bill or proceeding at law
or in equity for any purpose whatever affecting registered land or
any estate or interest therein, or any charge upon the same, shall be
deemed to be les pendens or notice to any person dealing with the
same, until a certificate of the pendency of such suit, bill or proceed-
ing, under the hand and official seal of the clerk of the court in which
it is pending, shall be filed with the registrar and a memorial thereof
entered by him upon the register of the last certificate of the title to
be affected. This section shall not apply to attachment proceedings
when the officer making the levy shall file his certificate of levy as
herein provided.
Judgments, etc.] § 85. No judgment or decree or order of any
court shall be a lien upon or affect registered land or any estate or
interest therein antil a certificate, under the hand and official seal
of the clerk of the court in which the same is of record, stating the date
160 CONVEYANCES.
and purport of the judgment, decree or order, or a certified copy of
sucli judgment, decree or order, is filed in the office of the registrar
and a memorial of the same is entered upon the register of the last
certificate of the title to be affected.
Attachment, execution, etc. — liens.] § 8(5. Whenever regis-
tered land is levied upon by virtue of any writ of attachment, execu-
tion or other process, it shall be the duty of the officer making such
levy to file with the registrar a certificate of the fact of such lev5'','^a
memorial of which shall be entered upon the register, and no lien
shall arise by reason of such levy until the filing of such certificate
and the entry in the register of such memorial, any notice thereof,
actual or constructive, to the contrary notwithstanding.
§ 87. When any registered land is sold by virtue of any execu-
tion,'judgment or decree, it shall be the duty of the sheriff, master in
chancery, or other officer making such sale, instead of filing a dupli-
cste of his certificate of such sale to be recorded in the recorder's
office, to file the same with the registrar, and upon its being so filed
the registrar shall enter a memorial thereof upon the register in the
same manner as he is required to enter other memorials. Certifi-
cates of redemption shall be filed and noted upon the register in like
manner.
§ 88. In case of sale of registered land by a sheriff, master in
chancery, receiver, special commissioner or other officer or person
pursuant to a judgment, decree or order of court, no transfer of the
title shall be made by the registrar, except upon the surrender and
cancellation of the outstanding certificate of title, or upon an order
of the court filed with the registrar directing such transfer, and in
case of the transfer of the fee, directing the cancellation of the out-
standing certificate, and granting to the transferee a writ of assist-
ance to put him in possession of the premises.
§ 89. In all cases where, by any law in relation to the liens of
mechanics or others, any claim or notice is authorized to be filed in
any court or office, the same, when it relates to registered land or
any interest therein, may be filed in the registrar's office, and being
so filed, a memorial thereof shall be entered by the registrar, as in
the case of other charges, and proceedings to enforce the lien may
be had, as provided in the act creating the same. Until it is so
filed and registered, no such lien shall be deemed to have been cre-
ated.
§ 90. No statutory or other lien shall be deemed to affect the
title to registered land until after a memorial thereof is entered upon
the register as herein provided.
§ 91. The certificate of the clerk of the court in which any suit,
bill or proceeding shall have been pending, or any judgment or de-
cree is of record, that such suit, bill or proceeding has been dis-
missed or otherwise disposed of, or the judgment, decree or order has
been satisfied, released, reversed or overruled, or of an)^ sheriff or other
officer that the levy of any execution, attachment or other process cer-
tified by him, has been released, discharged or otherwise disposed
CONVEYANCES. 161
of, being filed in the registrar's office and noted upon the register,
shall be sufficient to authorize the registrar to cancel or otherwise
treat the memorial of such suit- bill, proceeding, judgment, decree
or levy, according to the purport of such certificate.
Memorials of adverse claim, etc.] § 92. Any person making
any claim to or asserting any lien upon registered land not existing
at the initial registry of the same and not shown upon the register,
or adverse to the title of the registered owner, and no other provi-
sion is herein made for asserting the same in the registrar's office,
may make affidavit thereof setting forth his interest, right, title, lien
or demand, and how and under whom derived and the character and
nature thereof. The affidavit shall state his place of residence and
also his place of business, if he has one, and designate a place at
which all notices relating thereto may be served. Upon the filing of
such affidavit in the office of the registrar, the latter shall enter a
memorial thereof as in the case of a charge.
Proceedings in chancery.] § 93. Whenever any person inter-
ested in registered land, or any estate or interest therein or charge
upon the same, shall be entitled to have any certificate of title,
memorial or other entry upon the register canceled, removed or modi-
fied, and the registrar or person whose duty it shall be to cancel, re-
move or modify the same, or do any act towards the same, shall, upon
request, fail or refuse so to do, or is absent from the county, or can
not be found, or for any reason such request can not be made upon
him, a court of chancery may, upon iDetition by the person interested,
make such order as may be according to equity in the premises,
and u]pon a certified copy of such order being filed in the registrar's
office, the registrar shall make such cancellation, memorial or modi-
fication as shall be decreed in such order.
§ 94. Any person feeling himself aggrieved by the action of the
registrar, or by his refusal to act in any matter pertaining to the
first registration of land or any estate or interest therein after the
first registration or any transfer of or charge upon the same, the filing,
or neglect or refusal to file any instrument, or to enter or cancel any
memorial or notation, or to do any other thing required of him by
this act, may file his bill or petition in equity in any court of com-
petent jurisdiction, making the registrar and other persons, whose
interest may be affected, parties defendant, and the court may pro-
ceed therein as in other cases in equity and make such order or de-
cree as shall be according to equity in the premises and the purport
of this act.
§ 95. Nothing contained in either of the two preceding sections
shall be so construed as to remove the bar of any order or decree, or
extend the time of limitation hereinbefore provided, nor to affect the
right of anj?^ bona fide purchaser or incumbrancer without notice filed
with the registrar and noted as in case of other memorials.
§ 96. The court may, in any case contemplated in sections 93 and
94, in addition to the costs, award such damages, including reason-
able attorney's fees, as it shall deem just in the premises.
—11
162 CONVEYANCES.
Indices.] § 97. The registrar shall keep tract indices, in which
shall be entered the lands registered in the numerical order of the
townships, ranges, sections, and in cases of subdivisions, the blocks
and lots therein, and the name of the owners, with a reference to the
volume and folium of the register in which the lands are registered.
§ 98. He shall also keep alphabetical indices, in which shall be
entered in alphabetical order the names of all registered owners and
^11 other persons interested in or holding charges ux)on registered
land, with a reference to the volume and folium of the register in
which the land is registered.
Indemnity fund.] § 99. Upon the first bringing of land under
the operation of this act consequent upon the application of the
owner, as hereinbefore provided, and u]3on the issuance of a cer-
tificate of title pursuant of [to] section eighty-three (83) , and also upon
the entry of a new certificate showing some one either by devise or
by descent as registered owner, there shall be paid to the registrar
one-tenth of one per cent, of the value of such land. Such value-
shall be ascertained by the registrar.
§ 100. All sums of money received as aforesaid shall be paid by
the registrar to the county treasurer of the county in which the land
is situated, for the purpose of an indemnity fund under the terms of
this act. It shall be the duty of the treasurer to invest all of said
funds, principal and income, in his hands, from time to time, if not
immediately required for payments of indemnities in the manner
herein provided, and report annually to the county court the condi-
tion and income thereof. All investments of the fund, or any part
thereof, shall be made with the approval of said court by order en-
tered of record. The said fund shall be invested only in the bonds
or securities of the United States, or of this State, or counties, or
other municipalities of this State.
Proceedings to eecover compensation for loss or damage.]
§ 101. Any person sustaining loss or damage through any omission,
mistake or misfeasance of the registrar, or of any examiner of titles,
or of any deputy or clerk of the registrar, in the performance of their
respective duties under the provisions of this act, and any person
wrongfully deprived of any land or any interest therein through the
bringing of the same under the provisions of this act, or by the reg-
istration of any other person as owner of such land, or by any mistake,
omission or misdescription in any certificate, or in any entry or
memorandum in the register book, or by any cancellation, and who
by the provisions of this act is barred or in any way precluded from
bringing an action for the recovery of such land or interest therein,
or claim upon the same, may bring an action at law against the treas-
urer of the county in which said land is situated for the recovery of
damages to be paid out of the indemnity fund.
§ 102. If such action be for recovery for loss or damage arising
only through any omission, mistake or misfeasance of the registrar,
or of any examiner of titles, or any deputy or clerk of the registrar, in
the performance of their respective duties under the provisions of
CONVEYANCES. 16!
this act, then the county treasurer shall be the sole defendant to
•such action. But if such action be brought for loss or damage aris-
ing only through the fraud or wrongful act of some person or persons
•other than the registrar, his examiners of titles, deputies and clerks,
-or arising jointly through the fraud or wrongful act of such other
person or persons and the omission, mistake or misfesance of the
.registrar, his examiners of titles, deputies or clerks, then such action
:^liall be brought against both the county treasurer and such person
•or persons as aforesaid. In all such actions where there are defend-
ants other than the county treasurer, and damages shall have been
recovered, no final judgment shall be entered against the county
treasurer until execution against the other defendants shall be re-
turned unsatisfied in whole or in part, and the ojSicer returning the
execution shall certify that the amount still due upon the execution
'Can not be collected except by application to the indemnity fund.
Thereupon, the court, being satisfied as to the truth of such return,
may, upon proper showing, order the amount of the execution and
■costs, or so much thereof as remains unpaid, to be paid by the county
treasurer out of the indemnity fund. It shall be the duty of the
State's Attorney or the county attorney, if there be one of the county,
'to appear and defend all such suits.
Time of proceedings limited.] § 103. No action or proceeding
for com^Densation for or by reason of any deprivations, loss or dam-
age occasioned or sustained as provided in this act, shall be made,
brought or taken, except within the period of ten years from the time
w^hen the right to bring or take such action or proceeding first ac-
crued; excex)t, that if at the time when such right of action first ac-
crues, the person entitled to bring such action or take such pro-
ceeding is within the age of twenty-one years, or if a female, of the
age of eighteen years, or insane, imprisoned or absent from the
United States in the service of the United States or of this State,
such x^erson or any one claiming from, by or under him or her, may
bring the action or take the proceeding at any time within two years
after such disability is removed, notwithstanding the time before
limited in that behalf has expired.
Penalties.] § 104. Whoever fraudulently procures or assists in
fraudulently procuring, or is privy to the fraudulent jDrocurement,
of any certificate of title or other instrument, or of any entry in the
register or other book kept in the registrar's office, or of any erasure
or alteration in any entry in any said book, or in any instrument
authorized by this act, or knowingly defrauds or is privy to defraud-
ing any person by means of a false or fraudulent instrument, certifi-
cate, statement or affidavit, affecting registered land, shall be guilty
of a misdemeanor and fined not exceeding five thousand dollars and
imprisoned not exceeding five years, or either or both in the discre-
tion of the court.
§ 105. (1) Whoever forges, or procures to be forged, or assists
in forging, the seal of the registrar, or the name, signature, or hand-
writing of any officer of the registry office, in case where such officer
is expressly or impliedly authorized to affix his signature; or
164 CONVEYANCES.
(2.) Fraudulently stamps or jjrocures to be stamped, or assists in
stamping, any document with any forged seal of said registrar; or
(3.) Forges or iDrocures to be forged, or assists in forging, the
name, signature or handwriting of any person whomsoever to any
instrument which is expressly or impliedly authorized to be signed
by such person; or
(4.) Uses any document upon which any impression or part of the
impression of any seal of said registrar has been forged, knowing the
same to have been forged, or any document the signature to which
has been forged, knowing the same to have been forged, or swears
falsely concerning any matter or proceeding made or done in pur-
suance of this act, shall be imprisoned in the xoenitentiary not ex-
ceeding ten years, or fined not exceeding one thousand dollars, or
both fined and imprisoned, in the discretion of the court.
§ 106. No proceeding or conviction for any act hereby [declared]
to be a misdemeanor or a felony shall affect any remedy which any
person aggrieved or injured by such act may be entitled to at law or
in equity against the person who has committed such act or against
his estate.
Docket fees.] § 107. On the filing of any petition the petitioner
shall pay to the clerk of the court the sum of $5.00, which shall be
in full of all clerk's fees and charges in such x^roceeding on behalf
of the applicant. Any defendant on entering his appearance shall
pay to the clerk the sum of $5.00, which shall be in full of all clerk's
fees on behalf of such defendant. When any number of defendants
shall enter their appearance at the same time, or before default, but
one fee shall be charged.
Registrar's fees.] § lOS. The fees to be paid to the registrar
shall be as follows:
At or before the time of referring the application for initial regis-
tration, the applicant shall advance and pay to the registrar the sum
of $15, which shall be in full of all services of the registrar and ex-
aminers up to the granting of the certificate of title. In iDroper
cases the court may direct the payment of such further fees by the
applicant or any defendant as it may determine. When the applica-
tion includes titles derived from more than one source, an additional
sum of $5 for each source shall be advanced.
For granting certificate of title upon each application and
registering the same $2 00
For registering each transfer, including the filing of all in-
struments connected therewith, and the issue and regis-
tration of the new certificate of title 3 00
When the land transferred is held upon any trust, condition
or limitation, an additional fee of 5 00
For entry of each memorial on the register, including the
filing of all instruments and papers connected therewith
and endorsements upon duplicate certificates 3 00'
CONVEYANCES. 165
l?or filing copy of will with letters testamentary, or filing
cop3^ of letter of administration and entering memorial
thereof. $5 00
For the cancellation of each memorial or charge 1 00
For each certificate showing condition of the register 1 00
For any certified copy of register or any instrument of writing on
file in his office, the same fees now allowed by law to recorders of
deeds for like services.
§ 109. - This act shall be construed liberally so far as may be neces-
sary for the purpose of affecting its general intent.
Submission to vote in counties.] § 110. The provisions of this
act shall not apply to land in any county until this act shall have
been adopted by a vote of the iDeople of the county at an election to
be held on the Tuesday next after the first Monday in November, or
the first Tuesday in April, or any election for the election of judges,
of the year in which the question is submitted.
The question may be submitted in the following manner: In any
county of the first or second class, as the same are classified in the
act concerning "Fees and salaries," on the petition of not less than
one-half of the legal voters, to be ascertained by the vote cast at the
last preceding election for county officers, or in any county of the
third class- upon i^etition of not less than twenty-five hundred (2,500)
legal voters prajdng the submission of the question of the adoption
of this act, the clerk shall give notice that such question will be sub-
mitted at such election and shall cause to be printed at the top of
the ballots to be used for said election:
For the Torrens Land Title System
Against the Torrens Land Title System
The votes cast upon that question shall be counted, canvassed and
Teturned as in the case of the election of county officers. If the ma-
jority of the votes cast on that subject shall be for the Torrens land
title system, this act shall thereafter be in force and apx^ly to lands
in that county.
§ 111. Whereas, An emergency exists, therefore this act shall
take effect and be in force from and after its passage.
Approved May 1, 1897.
166
CORPORATIONS.
COKPOKATIONS.
BUILDING, LOAN AND HOMESTEAD ASSOCIATIONS.
§ 17C. Custodian to take possession of books^
records, etc.
g 17D. Reorganization.
§ 17E. Voluntary liquidation.
§ 17P. Auditor to make report to Attorney
General.
§ 19. Associations may reorganize or go intO'
voluntary liquidation by the votes of
its shareholders.
?. 20. Duty of board of directors.
g 21. Assets and liabilities.
§ 22. Voting— Adoption of resolution to re-
organize or liquidate.
§ 23. Vacancy in office of board of directors
— Election of new boai-d.
§ 24. Record of pi-oceedings.
? 25. Receivers.
g 26. Apportionment of profits.
§ 27. Contingent fund.
g 1. Amends sections 5, 6, 15 and 17 of the
Act of 1879, as amended by the Acts
of 1891 and 1893, and adds 22 new sec-
tions.
§ 5A. Directors— Officers.
? 5B. Officers' bond.
? 5C. Power to borrow money.
i 5D. Matured shares.
§ 6A. Capital to be accumulated.
§ 6B. Withdrawals — Voluntary.
'i 6C. Real estate as security.
§ 6D. Withdrawals — Involuntary.
§ 6E. Deceased members.
i 6F. Fees.
? 15. Annual report to Auditor— Penalties
for not making or for making false
or wrong reports.
§ 17A. Auditor to appoint custodian.
§ 17B. Special raeeting of stockholders.
An Act to amend an act entitled ''An act to enable associations of
persons to become a body corporcde to raise funds to be loaned
only among the members of such associcdion,''^ in force July 1,
1879, as amended by acts approved June 17, 1887, in force July 1^
1887; June 19, 1891, in force July 1, 1891; June 19,1893, in force
Jidy 1, 1893, by amending sections five (5), six (6), fifteen (15)
and seventeen (17), and by adding thereto twenty-two neiv sections
to be numbered five (5) B, five (5) C, five (5) D, six (6) B, six
(6) C, six (6) D, six (6) E, six (6) F, seventeen {17) B, seventeen
{17) C, seventeen {17) D, seventeen {E) , seventeen {17) F, nine-
teen {19) , twenty {20) , twenty-one {21), tiventy-two {22), twenty-
three (23), twenty-four (24), twenty -five (25), twenty-six (26) and
tiventy-seven (27) .
Be it enacted by the People of the Stcde of Illinois, represented
in the Genercd Assembly: That, an act entitled "An act to en-
able associations of persons to become a body corporate to raise
funds to be loaned only among the members of such association, in
force July 1, 1879. as amended by acts approved June 17, 1887, in
force July 1, 1887; June 19, 1891, in force July 1, 1891; June 19,
1893, in force July 1, 1893," be and the same is hereby amended by
amending sections five (5), six (6), fifteen (15) and seventeen (17 )y
and by adding thereto twenty-two new sections to be known as sec-
tions five (5) B, five (5) C, five (5) D, six (6) B, six (6) C, six (6)
D, six (6) E, six (6) F, seventeen (17) B, seventeen (17) C, seven-
CORPORATIONS. 167
teen (17) D, seventeen (17) E, seventeen (17) F, nineteen (19),
twenty (20), twenty-one (21), twenty-two (22), twenty-three (23),
twenty-four (24), twenty-five (25), twenty-six (26), twenty-seven
(27), all of of which shall read as follows, to-wit:
§ 5A. Directors — officers.] The corporate powers shall be
exercised by a board of directors of not less than seven in number,
all of whom shall be bona fide residents of the State of Illinois.
The officers shall consist of a president, vice president, secretary
and treasurer, to be elected at the annual meeting of the directors.
The duties of the officers, their term of office, the time and manner of
their election, the manner of filling vacancies, the time of holding
periodical meetings of the officers and shareholders, the manner of
calling all special meetings not provided for in this act, and manner
of voting, shall be determined by the by-laws, when not provided in
this act, and unless the compensation of the secretary and treasurer
shall be provided for in the by-laws, the directors shall annually fix
and determine the same.
§ 5B. Officers' bond.] Every person appointed or elected to
any position requiring the receipt, payment, management or use of
money belonging to such association shall become bounden with
two or more good and sufficient sureties, or in some good and respon-
sible fidelity insurance company, in such sum as the directors shall
require and approve. Such bonds shall be executed annuallj^ and
shall be recorded on the secretary's record, and such bond or insur-
ance policy shall be filed with the Auditor of Public Accounts of this
State within ten days next after the approval thereof by the board
of directors, and the fee for filing the same shall be one dollar.
Such bond shall be sufficient in amount to protect the association
from loss by reason of malfeasance in office or failure to faithfully
perform and discharge the duties of his position. No officer or em-
ploye who is required to give bond shall be deemed qualified to enter
upon the discharge of his duties until his bond shall have been ap-
proved by a majority of the board of directors by a written endorse-
ment thereon and filed with the Auditor of Public Accounts as
herein required.
§ 5C. Power to borrow money.] The directors shall have
power to borrow money for such temporary uses and purposes of the
association as the exigencies of the business may demand and as are
not inconsistent with the objects of the association; but no money
shall be borrowed for the purpose of making advances. To secure
such loans the directors may cause the obligation or obligations of
the association to be issued therefor, bearing interest at not to exceed
the legal rate. No such loan or loans shall have a longer duration
than one year, nor shall the aggregate amount of such outstanding
indebtedness at any one time exceed five per centum of the assets of
the association. Before any money shall be borrowed the board of
directors shall first, by a majority vote of all members, pass and re-
cord a resolution to that effect.
168 COEPORATIONS.
§ oD. Matured SHARES.] When the directors shall have declared
any shares to have reached maturity, the owners thereof shall
be entitled to receive such maturity value, with such interest, not ex-
ceeding the legal rate, as the directors may determine, from the time
of maturity until paid: Provided, that at no time shall the aggre-
gate amount of such shares outstanding exceed ten per centum of
the assets of the association.
§ 6A. Capital TO BE ACCUMULATED.] The capital to be accumu-
lated shall be divided into shares having a maturity value of one
hundred dollars each. The shares shall be deemed to be personal
property in the hands of the members, transferable upon the books
of the association in the manner provided in the by-laws. The shares
may be issued in such periodical series, and at such time or times as
the by-laws shall designate; and the shares in each series may, if the
by-laws shall so provide, be subdivided into classes, each class having
a different fixed periodical payment of dues of not to exceed the sum
of two dollars per share per month. Every share shall be subject to
a lien for the pa^anent of unpaid installments and such other charges
as may be lawfully incurred thereon under the provisions of this act,
and the by-laws may prescribe the manner of enforcing such lien.
The payment of such dues shall continue on each share until the same
shall have reached maturity value or is withdrawn or retired. All
shares which shall have matured, or shall have been withdrawn or
retired, may be reissued in any subsequent series.
§ 6B. Withdrawals — voluntary.] Any member desiring to
withdraw installment shares from any association doing business in
this State shall have power to do so by giving thirty daj^s' notice of
such intention to withdraw, when such member shall be entitled to
receive the full amount of dues paid in on the shares sought to be
withdrawn, and such interest thereon as fixed in the by-lawS, and in
addition thereto such proportion of the profits apportioned thereto as
the board of directors may from time to time, by resolution, deter-
mine, less such charges of the character enumerated in this act as
may be due thereon: Provided, that the amount of such interest or
profits paid on withdrawals shall not exceed the actual rate of earn-
ings of the association: Provided further, that at no time shall
more than one-half of the funds in the treasury of the association be
applicable to the demands of withdrawing members or the payment
of matured shares without the consent of the board of directors: Pro-
vided fiirthei-, that any member having pledged his or her shares as
security for an advan'ce without other security may withdraw the
same and receive the evidence of indebtedness given for such
advance and such balance in cash, if any, as may be to the credit of
such shares, but such withdrawal shall be subject to the same regu-
lations in all other respects as in the case of shares not pledged.
§ 6C. Any member who shall have obtained an advance on his
shares and shall have given real estate as security may, at any time,
rejDay the same. On settlement, such member shall be charged with
the full amount of such advance, together with any and all arrear-
ages due thereon, or on the shares pledged, or appertaining to the
CORPORATIONS. 169
security given, and shall, thereupon, be allowed as a credit, the with-
drawal value of the shares pledged as security, together with such
other credits as may be returnable on account thereof, and the bal-
ance shall be received by the association in full settlement and dis-
charge of such advance: Provided, that all settlements made in
periods intervening between stated monthly meetings of the direc-
tors shall be made as of the date of the stated monthly meeting
next succeeding any such settlement.
§ 6D. Withdrawals — involuntary.] The directors may, in
their discretion, under rules made b}^ them in conformity with the
by-laws, retire the unpledged shares of any series, in the order of
the issue of such series, by enforcing withdrawals of the same, and
the owners shall be paid the full value of their shares as determined
at the last i^receding distribution of profits, together with all dues
paid since such distribution less any unpaid fines: Provided, that
all shares which have reached matured value, and that may be out-
standing, shall be first retired under the provisions of this act.
§ 6E. Deceased members.] Upon the death of a shareholder,
his legal rei^resentatives shall be entitled to receive the voluntary
withdrawal value of the unpledged shares of the deceased. No lines
shall be charged or profits credited to a deceased member's shares
from and after his decease, unless his legal representatives assume
the future payments of such shares.
§ iW. A membership fee and a transfer fee, neither of which shall
exceed twenty-five cents X3er share, may be charged, and all fees shall
be accounted for as a part of the receipts of the association. Any
association may impose a penalty for the non-payment of dues, in-
terest and i^remium at the time the)^ shall fall due, which penalties
shall in no case exceed the sum of ten cents per share per month,
and it shall not be permissable to either compound or cumulate such
penalties.
§ 15. Annual report to auditor — penalties for not making,
OR FOR MAKING, FALSE OR WRONG REPORTS.] The Secretary of every
association doing business within this State shall, within sixty days
next after the close of each fiscal year of such association, file with
the Auditor of Public Accounts of the State of Illinois, with a fee
of two dollars, a detailed statement of the receipts and expenditures
of such association for one year next preceding the date of such re-
port, its assets and liabilities, including in such liabilities all sums
due for gross premium unearned, the number of shares issued, with-
drawn, matured, retired and loaned on, during the year; the number
of shares in force, number of shares loaned upon, installments per
share, profits per share, and the value per share, in each series at the
date of such statement, which statement shall be in such form as
shall be xarescribed by the Auditor. Such statement shall exhibit in
full, each, all and every, of the receipts from whatsoever source re-
ceived, and each, all and every, of the expenditures of such associa-
tion, including all expenses of management. All of such statements
shall be sworn to by the secretary before some officer authorized to
170 CORPaKATIONS.
take acknowledgments of conveyances in this State, and certified ta
by three members of such association not officers thereof. Such
statement, and also any other periodical statement, shall be either
mailed to each shareholder or published in some paper regularly is-
sued in the county in which such association is located within sixty
days next after the same shall be compiled. Any secretary who shall
wilfully neglect or refuse to file such statement, shall be subject to a
fine of not less than twenty-five dollars nor more than two hundred
dollars for each neglect or refusal to furnish such statement. The
same may be recovered in any court having competent jurisdiction
in the name of the People of the State of Illinois, on the relation of
the said Auditor, for the benefit of the county wherein said associa-
tion is located or in which such secretary may reside: Prodded,
that when any association shall at any time, by reason of its insol-
vency, be unable to pay the full face value of the withdrawals other
than matured shares within ninety days after notice thereof is given,
it shall be unlawful for said association to sell any new shares, and
the secretary thereof shall forthwith report the same to the Auditor
of Public Accounts, and a failure to comply with this provision shall
be a misdemeanor on the part of the officer or officers whose duty it
is made to sell such shares and collect such money. Such offense
shall be jjunishable by a fine of not less than one hundred dollars
nor more than one thousand dollars, or imprisonment in the county
jail not to exceed sixty days.
§ 17A. Whenever it shall appear to the Auditor of Public Ac-
counts that the assets of any association doing business in this State
are impaired to the extent that such assets do not exceed the dues
paid in on the shares, with interest thereon at the rate of three per
centum per annum for the average time invested, or that it is con-
ducting its business in a fraudulent, illegal or unsafe manner, he
may at once, in either case, appoint a custodian for such association,
and shall require of such custodian a good and sufficient bond with
sureties to be approved by such Auditor.
§ 17B. The Auditor of Public Accounts, at the time of the ap-
pointment of a custodian for any association as herein provided, shall,
within ten days next after having apijointed such custodian, convene
a special meeting of the shareholders for the purpose of considering,
and acting upon such matters as to such special meeting shall seem^
best. Notice of such special meeting shall be given in the manner
and form provided in section 20 of this act for the calling of special
meetings of shareholders. At such meeting said Auditor shall pre-
sent a full report of the affairs and condition of such association, as.
found by him from his examination thereof, or as made to him by
the custodian.
§ 17C. Such custodian, under the direction of the Auditor, shall
take possession of the books, records and assets of every description
of such association, and, pending the further proceedings specified in
this act, shall prei3are, or have prepared, a full .and true exhibit of
the affairs, property and condition of such association, including an
COEPOEATIONS. 171
itemized statement of all its assets and liabilities; and shall receive
and collect all debts, dues and claims belonging to it; and may, if
necessary, by and with the consent and approval of the Auditor, pay
the immediate and reasonable expenses of his trust, including his
own compensation at not to exceed the sum of ten dollars per diem.
Such custodian shall also receive and receipt for all monthly pay-
ments becoming due after the date of his apxDointment, and shall
'keep the same separate and apart from the other moneys and effects
of such association.
§ 17D. If, at the special meeting of the shareholders, to be called
as herein provided, the shareholders of such association shall vote to
reorganize said association, then and in that case the said custodian
shall, upon the consummation of the reorganization thereof, and
when the said Auditor shall so order and direct, turn over to the new
managemont all the books, papers and effects of every description in
his hands belonging to such association.
§ 17E. If, at the special meeting of the shareholders, to be called
and held as herein provided, such shareholders shall vote to go into
voluntary liquidation, or to otherwise close up or discontinue the
business of such association, such custodian shall, when the said
Auditor shall so order and direct, return to the shareholders all
monthly j)ayments received and receipted for by him, and which be-
came due and payable after the date of his appointment; and all
books, papers and effects of every description in his hands belonging
to such association not so returnable, shall, when the Auditor shall
so order and direct, be turned over and delivered to the person or
persons entitled thereto.
§ 17F. If the Auditor of Public Accounts, after having called
a meeting of the shareholders as in this act provided, shall find that
the association can not be reorganized, or that voluntary liquidation
by the shareholders can not be had or consummated, he shall rei3ort
the same to the Attorney General, whose duty it shall then become
to at once apply to the circuit court of the county in which the prin-
cipal office of such association may be located, or to any of the
judges of said court in vacation, in the name of the People of this
State, on the relation of said Auditor, for an injunction restraining
such association from doing further business, and for the appoint-
ment of a receiver of such association, and for the dissolution of
such association, which application may be made and granted e-ither
in term time or in vacation of said court in the manner now pro-
vided for obtaining injunctions, and said cause shall thereupon
proceed as other cases in chancerv.
§ 19. Any association may reorganize or go into voluntary liqui-
dation by the votes of its shareholders owning at least two-thirds of
the shares in force at the time such vote is taken. Whenever such
shareholders shall desire to reorganize or to go into voluntary liqui-
dation, it shall be the duty of the board of directors of such asso-
ciation, or of a committee of shareholders appointed for the purpose,
172 CORPORATIONS.
to submit the question of such reorganization or voluntary liquidation
to a vote of the shareholders at a special meeting of such share-
holders to be called and held as herein provided.
§ 20. Whenever a meeting of the shareholders is to be called for
the jjurpose aforesaid, it shall be the duty of the board of directors,
or of said committee, to convene a special meeting of the sharehold-
ers at the principal office of the association at such time as such
directors or committee shall fix and determine. Notice of such meet-
ing shall be given to every member of the association by depositing
in the postofiice, at least ten days before the time fixed for such
meeting, a notice proi3erly addressed to each shareholder at the last
recorded address of such shareholder. The directors or committee
shall also cause a notice of such meeting to be certified to the Audi-
tor of Public Accounts at the same time that notice is given to the
shareholders.
§ 21. Such directors or committee shall prepare, or have prei^ared,
a full and true exhibit of the aft'airs, property and condition of such
association, including an itemized statement of its assets and liabili-
ties, which exhibit shall be sworn to by a majority of said directors,
or of said committee, before some ofiicer authorized to take acknowl-
edgments of conveyances in this State, such exhibit and report to
be printed and a copy thereof mailed along with the notice conven-
ing such special meeting. Such original exhibit, sworn to as herein
XDrovided, shall be filed with the Auditor of Public Accounts of this
State, along with a notice of such m'eeting at the same time that
they are mailed to the shareholders.
§ 22. Voting — adoption of resolution to reorganize ok liqui-
date.] At such special meeting all votes taken shall be by ballot, and
votes of its shareholders owning at least two-thirds of its shares in
force at the time such vote is taken shall be necessary to carry any
resolution for the reorganization or licjuidation of such association;
and if, at such meeting, said shareholders shall, in the manner
herein provided, pass a resolution for the reorganization or liquida-
tion of such association, a cox^y of such resolution, duly certified by the
presiding ofiicer and secretary of such meeting, shall be given' to, and
shall continue [contain] full instructions, and define the authority
and compensation of the party or parties to be named therein, to
answer and discharge the duties entrusted to them by such resolu-
tion; and a like duly certified copy of such resolution, instructions
and authority shall immediately be filed with the Auditor of Public
Accounts by the party or parties named in such resolution, before
they shall enter upon the discharge of their trust. Before the party
or parties named in any such resolution shall assume the duties of
their trust, they shall become bounden with two or more good and
sufficient sureties, or in some good and responsible fidelity insurance
company, in such sum as the Auditor of Public Accounts of this
State shall require and approve.
§ 23. At such special meeting the shareholders, by a majority
vote of the shares in force at the time such vote is taken (cast by
CORPOEATIONS. 17^-
ballot) , may declare vacant the office of the entire board of directors,
and of all officers of such association, and may at the same time
proceed to the election of a new board of directors, who, in the ab-
sence of a special committee being named in the resolution to be
adopted by the shareholders as hereinbefore in section 22 provided,
shall have the charge and direction of the reorganization or the
liquidation of the affairs of such association.
§ 24. Upon the completion, by the person or persons named in the
aforesaid resolution, passed at such special meeting of shareholders,
of the duties entrusted to them in such resolution, they shall cause a
complete record of all proceedings to be made, reciting therein the
adoption of the resolution to that effect, which shall also show that
all claims, demands and debts for or against the association have
been fully settled, the corporate liabilities completely discharged, and
the corporate assets and prox^erty distributed among all the persons
entitled thereto. Said report and record shall be filed in the office
of the auditor of public accounts, and a notice of such dissolution
published for three successive weeks in any newspaper published in
the county wherein the principal office of such association is located,
and upon the filing cf such report, and making publication as afore-
said, such association shall be deemed dissolved, i
§ 25. Receivers may also be appointed, whenever nine or more
shareholders of any association shall file a petition in the circuit
court of the county in which the princiiaal office of such association
is located, setting forth the facts relied upon for the appointment of
a receiver. Sacli petition shall be subscribed and sworn to by such
petitioners, and shall be accompanied by a good and sufficient bond
conditioned for the payment of all fees, expenses and attorney's fees
incident to such proceeding or proceedings in the event the allega-
tions set forth in the petition shall not be sustained, the amount of
such bond, and the sureties thereof, shall be approved by the court,
and the cause shall thereupon proceed as other causes in equity.
§ 26. Apportionment of profits.] The profits and losses of
associations doing business in this State shall be apportioned at
least annually, and as much oftener as the by-laws shall lorovide.
§ 27. Contingent FUND.] At each periodical apportionment of
profits the directors shall reserve as a guaranty or contingent fund a
sum not less than one per centum nor more than five per centum of the
net profits accruing since the last prior preceding apportionments
until such fund amounts to five per centum of the dues capital; which
fund shall at all times thereafter be maintained and held at not less
than said five nor more than ten per centum of the dues capital; and
said fund shall at all times be available to meet losses in the business
of the association from depreciation of its securities or otherwise.
Approved June 16, 1897.
174
CORPOEATIONS.
FOEEIGN CORPORATIONS.
Liable to a fine of $1,000— Duties of the
Secretary of State.
Act does not apply to insurance com-
panies—Repeal.
§ 1. Foreign corporations to maintain a
public office or place in this State,
for the transaction of its business. ^ ^
I 2. Copy of articles of incorporation to be
filed in the office of the Secretary of
State— Incorporating: taxes and fees
to be paid into the office of the Sec-
retary of State.
An Act to require every foreign corporaiion doiyig business in this
State to liave a public office or place in this State at wliicli to trans-
act its business, subjecting it to a certain condition, and requiring
it to file its articles or charter of incorporation luith the Secretary
of State, and to pay certain taxes and fees thereon.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : Every corporation for pecun-
iary profit formed in any other state, territory or country, before it
shall be authorized or permitted to transact business in this State,
or to continue business therein, if already established, shall have and
maintain a public office or place in this State for the transaction of
its business, where legal service may be obtained upon it and where
proper books shall be kept to enable such corporation to comply with
the constitutional and statutory provisions governing such corpor-
ations; and such corporation shall be subjected to all the liabilities,
restrictions and duties which are or may be imposed upon corpora-
tions of like character organized under the general laws of this State,
and shall have no other or greater powers. And no foreign corpora-
tion established or maintained in any way for pecuniary profit of its
stockholders or members shall engage in any business other than that
expressly authorized in its charter, or the law of this State under
which it may come, or shall it hold any real estate except such as
may be necessary and proper for carrying on its legitimate business.
And no corporation incorporated under the laws of any other state,
territory or country, doing business in this State, shall be permitted
to mortgage, pledge or otherwise encumber its real or personal prop-
erty situated in this State to the injury or exclusion of any citizen
or corporation of this State who is a creditor of such foreign corpor-
ation. And no mortgage by any foreign corporation, except railroad
and telegraph companies, given to secure any debt created in any other
state, shall take effect as against any citizen or corporation of this
State, until all its liabilities due to any person or corporation in this
State at the time of recording such mortgage have been paid and ex-
tinguished.
§ 2, Every company incorporated for purposes of gain under the laws
of any other state, territory or country, now or hereafter doing business
within this State, shall file in the office of the Secretary of State a copy
of its charter or articles of incorporation, or in case such company is
incorporated merely by a certificate, then a copy of its certificate of
incorporation, duly certified and authenticated by the proper author-
ity; and the principal or agent in Illinois of the said corporation shall
COEPOEATIONS. ~ 175
make and forward to the Secretary of State, with the articles or cer-
tificates above provided for, a statement duly sworn to of the propor-
tion of the capital stock of the said corporation which is represented by
its property located and business transacted in the State of Illinois; and
«uch corporation shall be required to pay into the office of the Secre-
tary of State of this State, upon the proportion of its capital stock
represented by its property and business in IlHnois, incorporating
taxes and fees equal to those required of similar corporations formed
within and under the laws of this State. Upon a compliance with
the above provisions by said corporation, the Secretary of State
shall give a certificate that said corporation has duly complied with
the laws of this State and is authorized to do business therein, stating
the amount of its entire capital and of the proportion thereof which
is represented in Illinois; and such certificates shall be taken by all
courts in this State as evidence that the said corporation is entitled
to all the rights and benefits of this act, and such corporation shall
enjoy those rights and benefits for the time set forth in its original
charter or articles of association, unless this shall be for a greater
length of time than is contemx^lated by the laws of this State, in
which event the time and duration shall be reckoned from the creation
of the corporation to the limit of time set out in the laws of this
State: Provided, tha^ nothing in this act shall be taken or construed
into releasing foreign loan, building and loan, or bond investment
■companies, or other corporations, on the partial payment or install-
ment plan, from any provisions of law requiring them to make a de-
posit of money with a proper officer of this State to protect from loss
the citizens of this State who may do business with such loan, building
and loan or bond investment companies, or other corporations: Pro-
vided, that the requirement of this act to pay incorporating tax or
fee shall not api^ly to railroad companies whicli have heretofore built
their line of railway into or through this State: And, provided further,
that the provisions of this act are not intended to, and shall not, apply
to "drummers" or traveling salesmen soliciting business in this State
for foreign corporations which are entirely non-resident.
§ 3. Every corporation for pecuniary profit formed in any other
state, territory or country, now doing business in, or which may
hereafter do business in, this State, which shall neglect or fail
to comply with the conditions of this law, shall be ■ subject
to a fine of not less than $1,000, to be recovered before any court
of competent jurisdiction; and it is hereby made the duty of
the Secretary of State, immediately after Sej)tember 1, of the year
1897, and as often thereafter as he may be advised that corpora-
tions are doing business in controvention to this act, to report the
fact to the prosecuting attorney of the county in which the busi-
ness of such corporation is located, and the prosecuting attorney shall,
.as soon thereafter as is practicable, institute proceedings to recover
the fine herein provided for, which shall go into the revenue fund of
this State, in addition to which penalty on and after the going into
■effect of this act, no foreign corporation, as above defined, which shall
fail to comply with this act, can maintain any suit or action, either
legal or equitable, in any of the courts of this State upon any demand,
whether arising out of contract or tort: Provided, that the provisions
176 COEPOEATIONS.
of this section shall not apply to railroad and telegraph companies,
which have heretofore built their line into or through this State, nor
to "drummers" or traveling salesmen soliciting business in this
State for foreign corporations which are entirely non-resident.
§ 4. This act does not ajDply to insurance companies, and is not
to be taken or construed to change or modify the laws which are
directly applicable to that character of corporations, but apart from
the insurance laws all acts and parts of acts inconsistent with this
act are hereby repealed.
Approved May 26, 1897.
FOREIGN CORPORATIONS TO LOAN MONEY IN ILLINOIS.
§ 1. Corporations formed under laws of other States or countries may invest or loan money
in this StHte — Powers— Restriction as to real estate.
An Act to enable corporaiions in other states and countries to lend
money in Illinois, to enforce their securities and acquire title to'
real estate as security.
Section 1. Be it enacted hy the People of tite State of Illinois,,
represented in the Genercd^ Assembly : That an}' corporation formed
under the laws of any other state or country, and authorized by its-
charter to invest or loan monej^ may invest or loan money in this-
State. And any such corporation that may have invested or lent
money as aforesaid, may have the same rights and powers for the re-
covery thereof, subject to the same iDenalties for usury, as private
persons, citizens of this State; and when a sale is made under any
judgment, decree or power in a mortgage or deed, such corporation
may purchase, in its corporate name, the property offered for sale,
and become vested with the title wherever a natural person might
do so in like cases: Provided, however, that all real estate so pur-
chased by any such corporation in satisfaction of any such liability
or indebtedness shall be offered at public auction, at least once every
year, at the door of the court house of the county wherein the same
may 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, then in the nearest adjacent
county where such newspaper is published; and said real estate shall
be sold whenever the price offered for it is not less than the claim of
such corporation, including all interest, costs and other expenses:
And, provided furtlier, that in case such corporation shall not,
within the period of five years after acquiring such title, sell such
lands, 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 land, so neglected
to be sold, shall be situated, and such court shall have jurisdiction
CORPORATIONS.
171
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 suul
as shall be reasonable; and the proceeds of sucxi ■ ie, after deducting
the said fees and costs of i)roceedings, shall be paid over to such cor-
poration: And, provided further, that nothing in this act contained
shall be so construed as to confer banking powers or privileges upon
any such corporation.
Approved May 24, 1897.
GAS COMPANIES.
11.
*•-
§5.
Companies empowered to sell, transfer,
convey or lease their real and per-
sonal property, rights, franchises, etc.
Consolidation.
I 9.
§10.
Certificate of sale, purchase, lease or
consolidation and merg-er to be filed
in the office of the Secretary of State
and in the office of the recorder of
deeds.
Consolidated companies to perform
legal obligations.
Consolidation and merger not to be
held or construed as a violation of
the provisions of any ordinance or
bond.
Regulates the price of gas.
Penalty.
Distribution of gas.
Consolidation— how made.
Agreement for sale, purchase, lease or
for consolidation and merger, sub-
mitted to an annual or special meet-
ing of the stockholders of each of the
companies.
§ 6. Stockholders to vote in person or by
pi"osy— number of votes necessary.
i 7. Stockholders not acquiescing in agree-
ment to sell or consolidate to give
notice of their diss. 'nt within thirty
days — rights of eminent domain.
An Act in relation to gas companies.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in tJie Gener<d Assemhhj : That all gas companies now
organized, or hereafter to be organized, in this State, are hereby au-
thorized and empowered to sell, transfer and convey or lease their real
and personal iDroperty, rights, franchises and privileges, in whole or
in part, to any other gas company doing business in the same city,
town or village, and such other gas company is authorized to purchase
or lease and to hold and enjoy said x^roperty.
§ 2. It shall ba lawfal for any gas companies now organized, or
hereafter to be organized, in this State, doing business in the same
city, town or village, to consolidate and merge into a single corpora-
tion, which shall be one of said merging and consolidating corpora-
tions, by complying with the provisions of this act, as hereinafter
specified.
—12
178 COEPOEATIONS.
§ 3. All gas companies which are authorized to manufacture and
distribute illuminating gas shall have the power to manufacture and
distribute gas for fuel purposes and to distribute natural gas, and all
companies authorized to distribute gas in any city, town or village
shall have the power to distribute the same in any territory annexed
to such city, town or village.
§ 4. The purchase and sale or lease, or the consolidation and
merger, hereby authorized may be made in the manner following:
The respective boards of directors or trustees of the company or com-
panies proposing to sell and lease its or their property, and of the
company proposing to purchase or lease the same, as under section
1, or of the companies proposing to consolidate and merge into a
single corporation, as under section 2, may enter into and make an
agreement or agreements, under their respective corporate seals, for
such sale or purchase or lease, or for such consolidation and merger,
describing the terms and conditions thereof and the mode of carry-
ing the same into effect. ,
§ 5. Before taking effect the agreement or agreements for sale
and purchase or lease, or for such consolidation and merger, author-
ized by this act, shall be submitted to any annual meeting or to a
special meeting of the stockholders of each of the companies. Such
sioecial meeting shall be called by delivering personally, or deposit-
ing in the postoffice, at least thirty days before the time fixed for
such meetings, a notice addressed to each stockholder of the company
whose address is known to the secretary of the company, signed by a
majority of the directors or trustees of the company, stating the time,
place and object of such meeting. Such stockholders whose ad-
dresses shall be to the secretary unknown shall be notified by a gen-
eral notice of the time, place and object of such meeting by publica-
tion once a week, for three successive weeks, in some newspaper
printed in the county in which the principal business office of such
company is located.
§ 6. At any such annual or special meeting stockholders may
vote in person or by proxy, each stockholder being entitled to one
vote for each share of stock held by him, and at such meeting there
shall be submitted the proposed agreement or agreements. Votes
representing two-thirds of all the outstanding capital stock of each
company shall be necessary for the ratification of such agreement, or
agreements, if there be represented and is voted at such meeting in
person, or by proxy, not less than two-thirds of such outstanding capi-
tal stock. If less than two-thirds of such capital stock be represented
and voted at such meeting, and if there be presented at such meeting
the acknowledgements in writing of the receipt of notice of such
meeting from the owners of stock not represented and voted to such
an amount as would make not less than two-thirds of such outstand-
ing capital stock when added to the stock represented and voted, then
such agreement or agreements may be ratified by the vote of two-
thirds of the capital stock represented and voted at such meeting.
§ 7. If any stockholder of any of the companies, parties to the
agreement or agreements provided for in section 4, not voting in
CORPORATIONS. 179
favor of or not acquiescing in such agreement or agreements, objects
to the purchase or lease, or the consolidation and merger, as defined
in said agreement or agreements, he shall give notice of his dissent
within thirty days of such meeting and may demand payment for his
stock, and shall thereupon receive from such corporation in which
he shall hold stock its fair cash value, at the time when the vote for
the agreement or agreements was so cast, and such corporation shall
cancel the same. But if such dissenting stockholder shall refuse to
part with his stock, or if the value of the same can not be agreed
upon, then such corporation shall, within ninety days of the time of
said meeting, proceed to take and acquire the same and the interest of
said dissenting stockholder therein, by the exercise of the power and
right of eminent domain, hereby granted to such corporation for that
purpose, and paying to, or tendering to, such dissenting stockholder,
or to the county treasurer for his use, the value of the stock by him
held, such value to be ascertained as of the time aforesaid and to be
found and determined in the manner provided for the condemnation
of property for public use in the act entitled "An act to provide for
the exercise of the right of eminent domain." Any stock so acquir-
ed shall be canceled by the company acquiring the same. If such
stockholder shall not give notice of his dissent within thirty days, as
aforesaid, he shall be held to have acquiesced in the agreement afore-
said and shall be subject thereto.
§ 8. If the agreement or agreements aforesaid shall be approved
at each of such meetings of the respective stockholders of each com-
pany separately, in the manner herein described, the same shall be
the agreement or agreements of such companies respectively, and a
sworn copy of the proceedings of such meetings, made by the secre-
taries thereof, resi^ectively, shall be presumptive evidence of the
holding and actions of such meetings. A certificate of such sale and
purchase or lease, or of such consolidation and merger, shall be made
by the president of each of the companies, under the seal of the
company, and verified by his afiidavit, and shall be filed in the office
of the Secretary of State' and of the recorder of deeds in the county
where such companies carry on their business, whereupon the agree-
ment or agreements aforesaid shall be in full force and effect. The
companies, parties to the agreement or agreements, which provide
for consolidation and merger shall thereupon be and are hereby de-
clared to be consolidated and merged into the one corporation speci-
fied in such agreement or agreements. Upon the purchase or lease
or consolidation and merger hereby authorized being perfected, a
notice thereof shall be published in some newspaper in the county
in which the principal office of such corporation is located for three
successive weeks.
§ 9. Any corporation purchasing or leasing the real and personal
property of any other company or companies, as provided for in sec-
tion 1, or any consolidated corporation, as authorized by section 2,
shall be subject to and shall perform, for each of the companies so
entering into said agreement or agreements, the legal obligations
now resting upon each of them, respectively, under their respective
180 COKPOEATIONS.
charters and ordinances, except where the provisions thereof conflict
with the exercise of the powers herein granted, in the same manner
and to the same extent as if the companies had remained individual
and distinct; and such performance by said corporation so purchas-
ing or leasing, or by such consolidated corporation, shall be held and
considered as the performance by each of the respective companies
so selling, leasing or consolidating, of the legal obligations theretofore
resting upon each of them respectively: Provided, however, that
nothing in this act shall be construed as extinguishing said compa-
nies entering into the agreement or agreements mentioned in this
act, or annulling or impairing any of their respective franchises,
licenses or privileges, but they shall severally be regarded as still
subsisting, so far as their continuance for the purpose of upholding
any right, title or interest, power, privilege or immunity ever exer-
cised or enjoyed by any of them, may be necessary for the protection
of their respective creditors or mortgagees, or any of them: the sep-
arate exercise of their respective powers, and the separate enjoyment
of their separate privileges and immunities being suspended until
the protection of such creditors or mortgagees shall require their
resumption, when such suspension shall cease, so far as. and for
such time as, the protection of such creditors or mortgagees may
require.
§ 10. The purchase and sale or lease, or the consolidation and
merger authorized by this act, shall not be held or construed as a
violation of the provisions of any ordinance or bond given thereun-
der, and shall in no way afPect suits pending in which such company
or companies shall be parties, and shall not afPect causes of action or
rights of individuals in any particular. In case the j)roperty sold
and purchased or leased, or acquired through consolidation and
merger, under this act, is subject to mortgage or other lien, such
mortgage or other lien shall be and remain a lien upon all jDroperties
so sold and purchased or leased, or acquired as aforesaid, so that the
same shall be liable for and respond to the payment of such mortgage
or other lien existing at the time of such sale or lease, or consolida-
tion and merger, before being liable for the payment of the debts
and liabilities of the company so purchasing or leasing such prop-
erty, or acquiring the same as aforesaid. Any corporation purchas-
ing or leasing the real and personal property of any other company
or companies as provided for in section 1, or any consolidated cor-
poration, as authorized by section 2, shall pay and discharge all debts
and liabilities of each of the companies so entering into said agree-
ment or agreements, and actions may be brought and maintained and
recovery had therefor against the company so purchasing or leasing,
or against such consolidated corporation.
§ 11. Any corporation purchasing or leasing the property of any
company or companies, or into which any company or companies are
consolidated and merged under this act, shall be, at the time of avail-
ing itself of or accepting the benefits of this act, in the actual busi-
ness of furnishing gas to consumers; and shall be subject to the fol-
lowing provisions:
CORPOEATIONS. 181
Such corporation shall not increase the price charged by it for gas
of the quality furnished to consumers during any part of the year
immediately preceding such purchase or lease or such consolidation
and merger.
Such corporation shall furnish gas to consumers as good in quality
as it furnished previous to such purchase or lease or such consolida-
tion and merger.
§ 12. Any company violating either of the provisions of the pre-
ceding section shall be liable in damages therefor to the person ag-
grieved, and shall, for each offense, forfeit two hundred dollars, to be
recovered in an action of debt, in the name of the People of the State
of Illinois, or by any person who may sue for the same. Such com-
pany shall also be liable to proceedings in quo warranto for viola-
tion of either of said provisions, and if adjudged guilty, the court
may give judgment of ouster from its franchises, unless the company
shall cease and discontinue such violation as and when determined
by the court.
And any director or directors, officer or officers, or agent or agents,
of such company who shall wilfully and knowingly violate, or be
concerned in the willful violation of either of the provisions of the
preceding section, shall, for each offense, forfeit one thousand dollars,
to be recovered in an action of debt, in the name of the People of the
State of Illinois.
Approved June 5, 1897.
NOT FOR PECUNIARY PROFIT.
2 1. Corporations not for pecuniary profit ? 3. Repeal,
to pay a fee of $10.00.
i 2. Notaries public to pay a fee of $2.00 for
commission.
An Act to increase the fee for incorporating societies, corporations
and associations not for pecuniarij profit, and issuing commis-
sions to notaries public.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the G-eneral Assemhly : That all societies, corpora-
tions and associations not for pecuniary profit, hereafter organized
under the laws of the State of Illinois, shall pay to the Secretary of
State, before there shall issue a certificate of incorporation, a fee of
$10.00.
§ 2. That hereafter all persons, before they shall be commissioned
a notary public, shall pay to the Secretary of State a fee of $2.00.
§ 3. All acts and parts of acts in conflict with the provisions of
this act are hereby repealed.
Approved June 3, 1897.
182
COEPOEATIONS.
SUEETY COMPANIES.
§ 5. Boiids.
§ 6. Estopped from denying the authority
of the ag:ent.
§ 7. Actions how brought.
I 8. Repeal.
I 1. Amends Act of 1887.
§ 2. Bond, obligation or recognizance may
be executed by a surety company.
§ 3. Companies to have a fully paid-up,
safely invested and unimpaired capi-
tal of $250,000.
§ 4. Superintendent of Insurance to issue a
certificate.
An Act io amend an act entitled "'An act to enable corpoi'cdions,
ci'eated for tlicd purpose, to transact a surety business in this
State, and to become tlie surety on bonds required by law," ap-
proved May 13, 1887, in force July 1, 1887.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the Genercd Assembly : That an act entitled "An act
to enable corporations, created for that purpose, to transact a surety-
business in this State, and to become the surety on bonds required
by law," be, and the same is hereby, amended to read as follows:
§ 2. That whenever any bond, recognizance or other obligation
is, by law or by charter, ordinances, rules or regulations of the State
or of any municipality, board, body, organization, court, judge or
public officer, required or permitted to be made, given, tendered or
filed with surety or sureties, and whenever the iDerformance of any
act, duty or obligation, or the refraining from any act, is required or
permitted to be guaranteed, such bond, obligation, recognizance or
guaranty may be executed by a surety company qualified as herein-
after provided; and such execution by such company of such bond,
obligation, recognizance? or guaranty shall be in all respects a full
and complete compliance with every requirement of every law, char-
ter, ordinance, rule or regulation that such bond, obligation, recogn-
izance or guaranty shall be executed by one surety or by one or
more sureties, or that such sureties shall be residents or householders
or freeholders, or either, or both, or possess any other qualifications,
and such company may be released from its liability on any such ob-
ligation on the same terms and conditions as are by law prescribed
for the release of personal sureties.
§ B. That such comjoany, to be qualified to so act as surety or
guarantor, must comply with the requirements of every law of this
State applicable to such company doing business therein; must be
authorized under the laws of the State, where incorporated, and un-
der its charter, to become surety upon such bond, obligation, recogn-
izance or guaranty; must have a fully i3aid-up and safely invested
and unimpaired capital of at least two hundred and fiftj" thousand
(•250,000) dollars: must have good, available assets exceeding its lia-
bilities, which liabilities, for the purpose of this act, shall be taken
to be its capital stock, its outstanding debts and a premium reserve
at the rate of fifty per centum of the current annual premiums on each
outstanding bond, recognizance and obligation of like character in
force; must file with the superintendent of insurance a certified
CORPOEATIONS. 183
copy of its certificate of incorporation, a written application to be
authorized to do business under this act, and shall, also, annually,
during the month of January, file with the superintendent of in-
surance a statement verified under oath, made up to December 31st
IDreceding, stating the amount of its paid-up cash capital, particu-
larizing each item of investment, the amount of premiums upon ex-
isting bonds, recognizances and obligations of like character in force
upon which it is surety, the amount of liability for the unearned
portion thereof, estimated at the rate of fity per centum of the cur-
rent annual premiums on each such bond, recognizance and obliga-
tion in force, stating also the amount of its outstanding obligations
of all kinds and such further facts as maj^ be by the laws of this
State required of such company in transacting business therein;
and if such company be organized under the laws of any other State
than this State, it must have on deposit with a State officer of one
of the States of the United States not less than one hundred thous-
and (100,000) dollars in good securities, deposited with and held by
such officer for the benefit of all the holders of its obligations; must
also appoint an attorney in this State upon whom process of law can
be served, which appointment shall continue until revoked or another
attorney be substituted, and must file with the superintendent of
insurance evidence of such appointment, which shall state the resi-
dence and the office of such attorney.
§ 4. That the superintendent of insurance, upon due proof by
any such company of its jDossessing the qualifications in this act
specified, shall issue to such company a certificate setting forth that
such company has qualified and is authorized for the ensuing year
to do business under this act, which said certificate shall be evidence
of such qualification of such company, and of its authorization to
become and be accepted as sole surety on all bonds, recognizances
and obligations required or permitted by law or the charter, ordi-
nances, rules or regulations of the State, or of any municipality
board, body, organization or ]Dublic ofiicer. and the solvency and
credit of such company for all purposes and its sufficiency as such
surety.
§ 5. That any receiver, assignee, guardian, trustee, executor, ad-
ministrator or other fiduciary, required by law or the order of any
court or judge, to give a bond or other obligation as such, may in-
clude as a part of the lawful expense of executing his trust, such
reasonable sum paid a company authorized under the laws of this
State so to do, for becoming his surety on such bond as may be al-
lowed by the court in which, or a judge before whom, he is required
to account, not exceeding one j)er centum per annum on the amount
of such bond.
§ 6. Any company which shall execute any bond as surety under
the provisions of this act shall be estopped in any proceedings to en-
force the liability, from denying the authority of the agent or officer
executing such bond, and undertaking such liability by and on be-
half of such company.
184 CORPORATIONS.
§ 7. All actions brought against any company or corporation or-
ganized or doing business under this act may be brought in any
county where the cause of action occurred, [accrued,] or where the
plaintijEf or comjilainant resides, or in any county where the company
or corporation does business, and process may be directed to any
county in this State for service and return.
§ 8. That all acts and parts of acts inconsistent with this act be
and they hereby are repealed.
Approved June 8, 1897.
TRUST COMPANIES.
'i 1. Amends sections 1, 2, 6 and 16 of the Act I I 2. Deposits of money to be made to the
of 1889. I Auditor of Public Accounts.
An Act to amend section six (6) of an act entitled ''An act to amend
sections one (1), two (2), six (6) and sixteen {16) of an act en-
titled 'An act to provide for and regulate ttie administration of
trusts by trust companies,'' approved June 1, 1889.'''
Section 1. Be it enacted by the Peoj)le of the State of Illinois,
represented in the Genercd Assembly: That section six (6) of an
act entitled "An act to amend sections one (1), two (2), six (6) and
sixteen (16) of an act entitled an act entitled 'An act to provide
for and regulate the administration of trusts by trust companies,'
approved June 1, 1889," be and the same is hereby amended so as
to read as follows:
Section 1. Each company in all cities and towns of 100,000 in-
habitants or more, before accepting any such appointment or de-
posit, shall deposit with the Auditor of Public Accounts the sum of
$200,000, and each company in all cities and towns of less than
100,000 inhabitants shall deposit with the Auditor of Public Accounts
the sum of $50,000, said deposits to be for the benefit of the credit-
ors of said comijany, and to consist of bonds of the United States or
municipal bonds of this State, or in mortgages on improved and pro-
ductive real estate in this State, being first liens thereon, and the
real estate being worth at least twice the amount loaned thereon.
Bonds and securities so deposited may be exchanged from time to
time for other securities receivable as aforesaid. Said bonds 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 sub-
ject to sale and transfer and to the disposal of the proceeds by said
Auditor only on the order of a court of competent jurisdiction and
as hereinafter i^rovided in section 18. So long as the company so
depositing shall continue solvent, such company 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
COURTS, APPELLATE.
185
such company by virtue of the provisions of this act, and any amend-
ment thereof, exceeds ten times the amount of the deposit aforesaid,
he shall require said company, if in cities or towns of 100,000 in-
habitants or more, to forthwith increase said deposit to the sum of
$500,000 in such securities, and in all cities and towns of less than
100,000 inhabitants, to forthwith increase its said deposit to the sum
of $125,000 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 here-
under, he shall allow such company to reduce its said deposits to
the sum originally required in this section by the withdrawal of such
additional deposits until such time as an iu crease in its holdings shall
again require an additional deposit as hereinbefore provided. But
this "ftct shall not apply- to taking or accepting mortgages or trust
deeds to secure bonds or money loaned.
Approved May 7, 1897.
COURTS, APPELLATE.
APPELLATE COURTS.
g 5. Judges outside of Appellate Court dis-
trict not required to sit or serve.
§6. Clerks.
§ 7. Term of duty of judges shall be three
years.
§ 8. Emergency.
? 1. Clerks to make report in writing to the
Supreme Court.
I 2. Supreme Court to assign three judges
of the Circuit Court to do duty in
Appellate Court.
? 3. Branch Appellate Courts— rules— prac-
tice, etc.
g 4. Judges to choose from among their
number a presiding judge — quorum.
An Act to amend an act entitled "A71 act to establish Appellate
Courts,'''' approved June 2, 1877, and providing for the creation of
hrcmch Appellate Courts.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the Genercd Assembly : The clerk of each Appellate
Court shall report in writing to the Supreme Court, whenever so
directed by the judges of the Appellate Court of which he is clerk,
the number of cases docketed and pending and subject to hearing
and determination at that term of said Appellate Court.
§ 2. Whenever the number of cases so reported as pending and
subject to hearing and determination in any one of the Ajjpellate
Courts shall exceed the number of two hundred and fifty, and the
justices of said Appellate Court, or a majority of them, shall so re-
186 COURTS, APPELLATE.
quest' the Supreme Court in writing, it shall be the duty of the
Supreme Court to forthwith designate and assign three other judges
of the Circuit Courts of the State to duty in said Appellate Court;
and the three additional judges so designated and assigned shall, as
soon as practicable, meet, organize and constitute a branch of the
Appellate Court to which they shall have been assigned to duty; and
the branch court so constituted shall proceed to hear and determine,
according to law and justice and the rules of said Appellate Court,
all such causes and matters as shall or may be docketed and pending
for hearing and determination at said term in said court, not exceed-
ing one-half in number thereof, as said Appellate Court may by
order designate and assign to said branch court.
§ 3. The said branch courts so constituted shall be severally
known as the branch of the Appellate Court within and for the dis-
tricts in which they may be constituted, and all determinations,
orders, judgments and decrees of said branch courts, in cases so as-
signed to them by said Appellate Court, shall be entered upon the
records of the Appellate Court to which the branch appertains as
determinations, orders, judgments and decrees of that Appellate
Court. The process, pleading, practice and procedure in and the
powers of the branch court shall be the same in cases assigned to
said branch court as is prescribed by law for Appellate Courts, and
the rules of the Appellate Court for the district in which such
branch court shall be constituted shall be the rules of said branch
court, but said branch court may fix its own hours for business and
times for temi3orary or permanent adjournments so as least to inter-
fere with other judicial duties of the judges thereof.
§ 4. The judges of said branch courts shall choose from among
their number a ]3residing justice, as is now provided by law concern-
ing Appellate Courts, and two members of said branch court shall
constitute a quorum, and the concurrence of a majority of the mem-
bers thereof shall be necessary to every decision and determination,
the same as is now or may hereafter be provided by law concerning
Api^ellate Courts.
§ 5. No judge of any Circuit Court shall be required to sit or
serve, without his consent, as a judge in any of said branch Appel-
late Courts, if he be assigned from a circuit outside of the Appellate
Court district to which he may be designated or assigned. And it
shall be competent for the proper county authorities within the Ap-
pellate Court district in which a judge, from a circuit outside of such
district, may be assigned to do duty as a judge of such branch court,
to, in their discretion, cause such judge to be paid out of the county
treasury his reasonable expenses, not exceeding ten dollars a da)% for
the time he shall actually spend away from his home and serve in
determining the cases assigned to said branch court.
§ 6. The clerk of the Appellate Court of each district in which
a branch court may, as aforesaid, be established, shall be ex officio
the clerk of said branch court, and he shall make up a calendar of
cases assigned to the branch court, which cases shall be subject to
COURTS, APPELLATE. 187
call and hearing or other disposition as said branch court may deter-
mine, but for good cause appearing said Appellate Court may vacate
the order assigning any case to said branch court. The said clerk
shall keep the record of the cases assigned to said branch court and
the orders and judgments rendered therein by said branch court in
the same manner as in other cases in said Appellate Court, and
copies of records and orders in cases in said branch court may be
certified by said clerk as clerk of said Appellate Court. The sheriff
of the county in which such branch Appellate Court may be held
shall be chargeable with the like duties concerning said branch
courts as are now or may hereafter be imjDosed upon him by law
concerning Appellate Courts. Said branch Appellate Courts shall,
except as may hereafter be iDrovided by law, sit and hold court in the
places now provided by law for holding Appellate Courts in the
several Appellate Court districts, and such appropriations as have
been made or may hereafter be made by law for the expenses of
Appellate Courts shall be available for said branch courts under the
supervision and control of the several Appellate Courts in the dis-
tricts in which said branch courts may be constituted, and said
branch courts, while sitting, shall have and enjoy the privileges, and
use, in connection with said Appellate Courts, of the court rooms and
libraries now provided by law for said Appellate Courts, without ad-
ditional cost or expense to the State, except as may be hereafter pro-
vided by law.
§ 7. The term of duty in said branch courts of all judges who
may be assigned as aforesaid shall be three years from the first Mon-
day of June next succeeding their assignment, and upon the expira-
tion of said term the Supreme Court shall assign their successors
for another term of three years: Provided, the Supreme Court may,
for cause, remove any one or all of said judges, and may, upon re-
quest, relieve any one of them from duty, and shall fill all vacancies,
whether occurring by removal or otherwise, as now is or may here-
after be its duty or right by law concerning judges assigned to the
Appellate Courts of the State: And, provided furthe}^, that when-
ever said branch courts shall have determined all causes and matters
assigned to them by the Appellate Court of the district in which
said branch court shall be constituted, it shall be the duty of the
judges of said branch courts to return to their usual judicial duties
until the next succeeding term of said Appellate Court and until re-
quested by said Appellate Court \o resume duty in said branch
courts, and when so requested by said Appellate Court, it shall be
their duty forthwith to resume and perform duty in said branch
courts as provided by this act.
§ 8. Wheeeas, The number of cases brought to and pending in
the Appellate Court for the first district has steadily increased dur-
ing the last few years until at the present term thereof, it exceeds
four hundred and thirty, and the docket of said court is greatly over-
crowded, and there is liabilit}' of a corresponding increase in one or
more of the other districts, therefore an emergency exists, and this
act shall take effect and be in force from and after its passage.
Approved June 2, 1897.
188 COURTS, CIRCUIT.
COURTS, CIRCUIT.
. JUDICIAL CIECUITS.
? 1. Circuits. I § 3. Terms.
? 2. Election of judges. I § 1. Repeal.
An Act io divide the State of Illinois, exclusive of the county of
Cook, into judicial circuits.
Section 1. Be it enacted hy the Peojjle of the State of Illinois,
represented in the General Assembly: That in lieu of the circuit
courts provided by law and now existing, the State of Illinois, ex-
clusive of the county of Cook, shall be and the same is hereby
divided into judicial circuits as follows:
First Circuit — The counties of Alexander, Pulaski, Massac, Pope,
Johnson, Union, Jackson, Williamson and Saline.
Second Circuit — The counties of Hardin, Gallatin, White, Hamil-
ton, Franklin, Wabash, Edwards, Wayne, Jefferson, Richland, Law-
rence and Crawford.
Third Circuit — The counties of Randolph, Monroe, St. Clair, Mad-
ison, Bond, Washington and Perry.
Fourth Circuit— The counties of Clinton, Marion, Clay, Fayette,
Effingham. Jasper, Montgomery, Shelby and Christian.
Fiftli Circuit — The counties of Vermilion, Edgar, Clark, Cumber-
land and Coles.
Sixth Circuit — The counties of Champaign, Douglas, Moultrie,
Macon, DeWitt and Piatt.
Seventh Circuit — The counties of Sangamon, Macoupin, Morgan,
Scott, Green and Jersey.
Eighth Circuit — The counties of Adams, Schuyler, Mason, Cass,
Brown, Pike, Calhoun and Menard.
Ninth Circuit — The counties of Knox, Warren, Henderson, Han-
cock, McDonough and Fulton.
Tenth Circuit — The counties of Peoria, Marshall, Putnam, Stark
and Tazewell.
Eleventh Circuit — The counties of McLean, Livingston, Logan,
Ford and Woodford.
Twelfth Circuit — The counties of Will, Kankakee and Iroquois.
[^(Thirteenth Circuit — The counties of Bureau, LaSalle and Grundy.
f~ Fourteenth Circuit — The counties of Rock Island, Mercer, White-
side and Henry.
Fifteenth Circuit — The counties of JoDaviess, Stephenson, Car-
roll, Ogle and Lee.
COURTS, CIRCUIT. 189
Sixteenth Circuit- The counties of Kane, DuPage, DeKalb and
Kendall.
Seventeenth Circuit — The counties of Winnebago, Boone, Mc-
Henry and Lake.
§ 2. On the first Monday of June, A. D. 1897, there shall be
elected in each of said circuits by the electors thereof by the gen-
eral ticket, as provided by law for general elections, three judges of
the circuit court, whose term of office shall be six years; and every
six years thereafter there shall, in like manner, be elected in each of
said circuits three judges of the circuit court, whose term of office
shall be as aforesaid.
§ 3. The terms of the circuit courts in the respective counties
shall be held at the times and places now provided, or which may
hereafter be provided, by law.
§ 4. All acts and parts of acts inconsistent with the provisions
of this act are hereby repealed.
Approved April 23, 1897.
MARCH TERMS, A. D. 1886 AND 1887, CLAY COUNTY CIRCUIT COURT
LEGALIZED.
g 1. Proceedings legalized. I l 2. Emergency.
An Act io legalize the judicial proceedings of flie March terms,
A. D. 1886 and 1887, of the Clay County Circuit Court.
Whereas, It is provided by an act of the General Assembly, ap-
proved June 30, 1885, and in force July 1, 1885, entitled "An act con-
cerning circuit courts and to fix the time for holding the same in [the]
several counties in the judicial court [circuits] of the State of Illinois,
exclusive of the county of Cook," that the circuit court of Clay
county should hold regular terms to commence on the second Mon-
days of March and September; and,
Whereas, By the provisions of an act passed by the General As-
sembly of the State of Illinois, approved May 29, 1885, the time of
convening of the said circuit court was fixed on the third Monday in
March and the second Monday in September; and.
Whereas, By a misunderstanding and misconception as to which
of said acts was in force, the circuit court of said Clay county was in-
advertently convened on the third Monday of March in the years
A. D. 1886 and 1887, as for regular terms of said court, and all sum-
mons and other process were issued and made returnable to the third
Monday of said month of March in the said years of 1886 and 1887,
as and for regular terms of said court, and said court, did from thence-
forth continue in supposed legal session, transacting all such busi-
ness as was then pending in said court; and.
190 COURTS, CIEGUIT.
Wheeeas, At said supposed legal terms of said court many pro-
ceedings were had and entered of record whereby many titles to real
estate and other valuable property rights were divested and acquired;
therefore,
Section 1. Be it enacted hy the People of the State of Illinois,
repy^esented in the General Assembly : That all judgments, orders
and decrees entered and made by said circuit court at said supposed
terms, not set aside, modified or vacated, and all acts and proceedings
thereunder, are hereby legalized and validated as fully and perfectly,
and to all intents and purposes, as if said court had regularly con-
vened and been held according to law.
§ 2. Whereas, An emergency exists by reason of said court hav-
ing been held out of time whereby many titles to real estate and
other property rights became and are unsettled, therefore this act
shall take effect and be in force from and after its passage.
Approved May 6, 1897.
TERMS CHANGED — FIRST CIRCUIT.
§ 1. Enacting clause. § 2. Fixes the terms of the circuit court in
the counties composing the first dis-
trict, and gives an additional term to
Saline coUnty.
An Act to amend section 2 of an act entitled "An act concerning cir-
cuit courts, and to fix the time of holding the same in the several
coimties in the judicial circuits in the State of Illinois, exclusive of
Cool{. county,'^ approved, May 24, 1879, and in force July 1, 1879,
and amended by an act approved June 17, 1891, in force July 1,
1891, giving to Saline county an additional term of court, and
changing the March term of Saline county to the first Monday in
April.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That section two (2) of an
act entitled "An act concerning circuit courts, and to fix the time for
holding the same in the several counties in the judicial circuits in the
State of Illinois, exclusive of the county of Cook," approved May 24,
1879, in force July 1, 1879, and amended by an act approved June 17,
1891, in fqrce July 1, 1891, be and the same is hereby amended so as
to read as follows:
§ 2. In the county of Union, on the third Monday of March,
the third Monday of June and the second Monday of November; in
the county of Jackson, on the second Monday in January, the second
Monday in April and the second Monday in September; in the
county of Williamson, on the first Monday of February, the first
Monday of May and the fourth Monday of Se^Dtember; in the county
of Franklin, on the fourth Monday of April and the fourth Monday
of October; in the county of Saline, on the first Monday of April,
COUETS, CIRCUIT. 191
the second Monday of September and the first Monday of December;
in the county of Alexander, on the second Monday of February, the
second Monday of May, the second Monday of July and the second
Monday of October: Provided, the term to be held on the second
Monday of July in Alexander county shall be held exclusively for
criminal business; in the county of Pulaski, on the fourth Monday
of April and the fourth Monday of October; in the county of Pope,
on the first Monday of May and the second Monday of October; in
the county of Massac, on the second Monday of April and the fourth
Monday of November; in the county of Hardin, on the fourth Mon-
day of February and the fourth Monday of September; in the county
of Johnson, on the fourth Monday of March and the second Monday
of November: Provided, that no grand jury shall be summoned to
attend at the December term in Saline county, and that no grand
jury shall be summoned to attend at the May term in Alexander
county, and that no grand or petit jury shall be summoned to attend
at the June term in Union county, except by special order of the
judge holding such terms of court.
Approved April 8, 1897.
TERMS OF CIRCUIT COURTS.
? 1. Times of holding court. | g 19. Repeal.
An Act to amend ''An act concerning circuit courts and to fix the
tlie time for holding the same in the severed counties in the judicial
circuits of the State of Illinois, exclusive of tlie countij of Cook,"
approved May 24, 1879, in force July 1, 1879.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General 'Assembly : That hereafter the time for
holding the circuit courts in the several counties composing the
various judicial circuits in the State of Illinois, exclusive of the
county of Cook, as said circuits have been defined by law of the
General Assembly, approved April 23, 1897, be as follows:
J^§ 2. First circuit.] In the county of Union, on the third Mon-
day of March, the third Monday of June, and the second Monday of
November; in the county of Jackson, the second Monday of January,
the second Monday of April and the second Monday of September;
in the county of Williamson, the first Monday of February, the first
Monday of May and the fourth Monday of September; in the county
of Saline, the first Monday of April, the second Monday of Septem-
ber and the first Monday of December; in the county of Alexander,
on the second Monday of February, second Monday of May, the sec-
ond Monday of July and the second Monday of October; in the
county of Pulaski, on the second Monday of January, the fourth
Monday of April and the fourth Monday of October; in the county
of Pope, on the]^first_Monday of May and the second Monday of Oc-
192 COURTS, CIRCUIT.
tober; in the county of Massac, on the fourth Monday in August,
the second Monday in January and the second Monday in April:
Provided, that no grand or petit jury shall be summoned for the
April term, except by order of the court; in the county of Johnson,
the fourth Monday of March, the third Monday of August and the-
second Monday of November: Provided, that no grand jury shall
be summoned to attend at said December term of court in Saline
county and that no grand jury shall be summoned to attend at said
May term in Alexander county, and that no grand or petit jury shall
be summoned to attend at said June term in Union county, except
by special order of the judge holding such term of court.
§ 3. Second circuit.] In the counties [county ] of Hardin, on the
fourth Monday of February and the fourth Monday in September; in
the county of Gallatin, on the first Mondays of February and Se]ptem-
ber; in the county of White, on the first Monday of January, the
second Monday of March, the first Monday of June and the first
Monday of August; in the county of Hamilton, on the fourth Mon-
days of February and September; in the county of Franklin, on the
fourth Monday of May and the fourth Monday of November; in the
county of Wabash, on the third Mondays of April and November; in the
counties [county ] of Edwards, on the second Mondays of April and No-
vember: in the county of Wayne, on the third Mondays of January,-
March, June and October; in the county of Jefferson, on the third
Monday of February, the second Monday of May, the third Monday
of August and the second Monday of December; in the county of
Richland, on the second Mondays of April and November; in the
county of Lawrence, on the first Mondays in May and October and
the first Monday in February: Provided, that the February term
shall be devoted exclusively to the trial of chancery causes and to
the trial or transaction of any business in civil and criminal cases
not requiring a jury, and no jury shall be empaneled for the Febru-
ary term, in the county of Crawford on the first Mondays of March
and September.
§ 4 Third circuit.] In the county of Randolph, on the first
Mondays of March and September; in the county of Monroe, on the
third Mondays thereafter; in the county of St. Clair, on the second
Monday of January, the second Monday of April and the second Mon-
day of September; in the county of Madison, on the third Monday
of March and the third Monday of October; in the county of Bond,
on the third Monday of March and the third Monday of September;
in the county of Washington, on the second Monday in April and the
second Monday in October; in the county of Perry, on the first Mon-
days in May and November.
§ 5. Fourth circuit.] In the county of Marion, on the second
Monday of January and the fourth Mondays of April and SeiDtember;
in the county of Clinton, on the second Mondays of May and Novem-
ber; in the county of Clay, on the second Mondays of March and
September; in the county of Fayette, on the second Mondays of
February and May and the fourth Monday of August; in the county
Courts, circuit. 19c
of Effingham, on the third Mondays of March and October; in the
county of Jasper, on the second Monday of April and the first Mon-
day of October; in the county of Montgomery, on the third Monday
of January and the first Mondays of April and November; in the
county of Shelby, on the first Monday of June and the second Mon-
days of February and November; in the county of Christian, on the
second Monday of March and the fourth Mondays of August and
November: Provided, the June term in Shelby county shall have
no jaries summoned unless the same is done on the written order of
the judge, made thirty (30) days i3rior to the first day of the term.
§ 6. Fifth circuit.] In the county of Vermilion, on the third
Monday in January, the third Monday of May and first Monday
of October; in the county of Edgar, on the second Monday of Feb-
ruary, the first Monday of June and second Monday in Novem-
ber; in the county of Clark, on the first Monday in March and first
Monday in September; in the county of Cumberland, on the third
Mondays of February and August; in the county of Coles, on the
third Monday of April, the second Monday of October and second
Monday of January: Providing, no grand jury shall be summoned
for the January term of Coles county unless ordered by the court:
Provided, farther, that no grand or petit jury shall be summoned for
the February term of Edgar county unless ordered by the judge as-
signed to hold such term of court.
§ 7. Sixth circuit.] In the county of Champaign, on the fourth
Monday of September and the first Monday in March ; in the county
of Douglas, on the second Monday in April and the second Monday
of October; in the county of Moultrie, on the second Monday in
March and the second Monday of September; in the county of Ma-
con, on the second Monday of January, second Monday of May and
the first Monday of October; in the county of DeWitt, on the third
Monday in March, fourth Monday in August and first Monday in
December; in the county o-f Piatt, on the first Monday of Sejatember
and the first Monday of February: Provided, that at the August
term in DeWitt county no regular grand or petit jury shall be sum-
moned.
§ 8. Seventh circuit.] In the county of Sangamon, on the first
Monday of September, November, January, March and May; in the
county of Macoupin, on the fourth Monday of January, the first Mon-
day in June and the third Monday in September: Prodded, that no
jury shall be summoned for the June term in said county unless
upon the written order of one of the judges of said judicial circuit: in
the county of Morgan, on the second Mondays of May and November:
in the county of Scott, on the fourth Monday of April and Octo-
ber; in the county of Green, on the fourth Monday of Februar}^ and
the first Monday of September; and the county of Jersey, on the
third Monday of March and the fourth Monday of September.
§ 9. Eighth circuit.] In the county of Adams, on the third
Monday in January, fourth Monday of March, and on the third Mon-
—13
194 COURTS, CIRCUIT.
day of May, and on the third Monday of June and third Monday of
September, and on the fourth Monday of October; in the county of
Schuyler, on the fourth Tuesday in April and the third Tuesday in
October; in the county of Mason, on the second Monday in February
and the first Mondays of August and November; in the county of Cass,
on the first Monday of April, second Monday of January, and first
Monday of October; said January term in said county of Cass to
be devoted to the trial of chancery causes, and such other business
as may be transacted without the intervention of a petit jury; in the
county of Brown, on the fourth Monday of February, and the third
Monday of September; in the county of Pike, on the second Monday
of April, third Monday of June, and the second Monday of November:
Proi'/ctef?, that the June term shall be devoted exclusively to the
trial of chancery causes and to the trial or transaction of any busi-
ness in civil and criminal cases not requiring a jury, and no jury,
grand or petit, shall be summoned for said June term ; in the county
of Calhoun, on the second Mondays of A]3ril and October; in the
county of Menard, on the first Monday in March and the third Mon-
days of July and October.
§ 10. Ninth circuit.] In the county of Knox, on the first Mon-
day of February, first Monday of June and first Monday of Novem-
ber: in the county of Warren, on the first Monday of January, first
Monday of May and third Monday of September; in the county of
Henderson, on the first Monday of March and the first Monday of
October; in the count}'^ of Hancock, on the third Monday of March,
the first Monday of June and the third Monday of October: Provided,
there shall be no jury, either grand or petit, at the June term of said
■court; in the county of McDonough, on the fourth Monday of Jan-
uary, second Monday of May, and third Monday of September; in the
(county of Fulton, on the second Monday of January, third Monday
of May, and fourth Monday of SeiDtember.
§ 11. Tenth circuit.] In the county of Peoria, on the second
Mondays in January, March, May, September and November; in the
county of Marshall, on the second Mondays of January, May and
September of each year; in the county of Putnam, on the first Mon-
day of March and fourth Monday of October; in the county of Stark,
on the second Monday of March and September; in the county of
Tazewell, on the first Mondays of May and February, arid the second
Mondays of September and November.
§ 12. Eleventh circuit.] In the county of McLean, on the
second Monday in September and first Monday of November, first
Monday of February, and fourth Monday of April; in the county of
Livingston, on the third Tuesday of January and April, and second
Tuesday of September; in the county of Logan, on the third Mon-
days of January, May and September; in the county of Ford on the
third Tuesday of August and the first Tuesday of April and Decem-
ber: in the county of Woodford, on the second Tuesday of April
and the first Tuesday of August and December,
COURTS, CIRCUIT. 195
§ 13. Twelfth circuit.] In the county of Will, first Monday
■of January, first Monday of March, first Monday of May, which term
shall close on or before the last Saturday of June, third Monday of
September and third Monday of November, at which term no grand
,:jury shall be summoned and no criminal business be transacted; in
the county of Kankakee, first Mondaj^ of January, first Monday of
May, and first Monday of October; in the count)'' of Iroquois, first
"Tuesday of March and second Tuesday in November, and the third
Tuesday of. June.
§ 14. Thirteenth circuit.] In the county of Bureau, on the
' third Monday of September and first Monday of January, and second
Monday of Ai^ril; in the county of LaSalle, on the second Monday
of October, second Monday of January, second Monday of March and
the second Monday of June; in the county of Grundy, the first Mon-
day in March and the third Mondaj^ in September.
§ 15. Fourteen:th circuit.] In the county of Rock Island, on
the first Mondays of January and May, and the third Monday of
September; in the county of Mercer, on the first Monday of April,
second Monday of September and first Monday of December; in the
county of Whiteside, on the first Monday of January, first Monday of
April and first Monday of October; in the county of Henry, on the
■second Monday of Februar}'^ first Mondays of June and November.
§ 16. Fifteenth circuit.] In the county of Jo Daviess, on the
second Mondays of November and February, and the fourth Monday
in May; in the county of Stephenson, on the first Mondaj^s of Sep-
tember and December, and the first Monday of March and June; in
the county of Carroll, on the first Monday of March, on the third
Monday in June, and the third Monday of November; in the county
of Ogle, on the first Monday of October, on the first Monday of
January, and the fourth Monday of April; in the county of Lee, qn
the first Monday of January, second Monday of April, and the third
Monday of September.
§ 17. Sixteenth circuit.] In the county of Kane, on the first
Monday of February, on the third Monday of May, on the second
Monday of September, and on the third Monday of November; in
the county of DuPage, on the first Monday of March and on the
first Monday of October; in the county of Kendall, on the first Mon-
day of April and on the fourth Monday of October; in the county
of DeKalb, on the fourth Monday of February, on the first Monday
of June, and on the fourth Monday of October.
§ 18. Seventeenth circuit.] In the county of Winnebago, on
the first Monday of October, second Monday in January, and second
Monday in April; in the county of Boone, on the fourth Mondays
of January, April and September; in the county of McHenry, on
the second Monday of January, and the fourth Mondays of May and
September; and in the county of Lake, on the first Monday of
March, and first Monday of October and the first Monday in Decem-
ber, Provided: that no jury shall be summoned to attend at said
December term, except by special order of the judge holding such
'.term of court. Provided: that all suits commenced for, and all pro-
196 COURTS, CIRCUIT.
cess made returnable to any term of court under the law to which
this act is amendatory, shall be treated and held to be commenced
for and returnable to the first succeeding term of court under thi&
act, and all such suits and process shall stand as though the same
had been made returnable to such succeeding term of court.
§ 19. Kepeal.] All such acts or parts of acts in conflict here-
with be and the same are hereby repealed.
Approved June 11, 1897.
TERMS OF THE CIRCUIT COURT.
§ 1. Additional term in Boone county. | § 2. Emergency.
An Act to provide for an additional term of the circuit court in the
county of Boone.
Section 1. Be it enacted by tlie People of tlie State of Illinois^
represented, in the Genercd Assembly : That there shall hereafter b&
held an additional term of the circuit court in and for the county of
Boone, commencing on the second Monday of May of each year.
§ 2. Whereas, There is urgent need for clearing the docket of th&
circuit court in said county of Boone, therefore an emergency exists,
and this act shall take effect and be in force from and after its pass-
age and approval by the Governor.
Approved March 10, 1897.
TERMS OF CIRCUIT COURTS.
? 1. Amends section 4 of Act 1891 by giving: § 2. Emergency.
Marion county an additional term of
court.
An Act to amend section four (4) of an act entitled "An act concern-
ing circuit courts and to fix the time of Jwlding the same in the
severed counties in the judicicd circuits in tlie Stcde of Illinois, ex-
clusive of Cootc county," approved May 24, 1879, in force July 1,
1879, and amended by an act approved June 13, 1891, in force
July 1, 1891
Section 1. Be it enacted by tlie People of the Stcde of Illinois^
represented in the Genercd Assembly : That section four (4) of an act
entitled "An act concerning circuit courts and to fix the time for hold-
ing the same in the several counties in the judicial circuits in the
State of Illinois, exclusive of Cook county," approved May 24, 1879,
in force July 1, 1879, and amended by an act approved June 13, 1891,
in force July 1, 1891, be and the same is hereby amended to read as-
follows :
Section 4. Third circuit.] In the county of St. Clair, on the
second Monday of January, second Monday of April and the third
COURTS, CITY.
197
Monday of September; in the count}^ of Madison, on the third Mon-
day of March and the third Monday of October; in the county of
Bond, on the third Monday of March and the first Monday of Sep-
tember; in the county of Marion, on the second Monday of January,
the last Monday of May and the fourth Monday of September; in the
county of Randolph, on the first Mondays of March and September;
in the county of Monroe, on the third Mondays thereafter; in the
county of Washington, on the second Mondays thereafter; in the
county of Perry, on the third Mondays thereafter; in the county of
Clinton, on the second Mondays thereafter: Provided, that all suits
commenced for, and all process made returnable to, and all causes
continued to, the July, 1897, term of the Marion county circuit court
shall be treated and held to be commenced for, returnable to and con-
tinued to, the May, 1897, term of said court, as provided bj^ this act,
and all such suits, process and continuances shall stand as though
the same had been made returnable to, and continued to, the said
May term of said court.
§ 2. Whereas, An emergency exists, therefore this act shall take
effect and be in force from and after its passage.
Approved April 16, 1897.
COURTS-CITY.
1. Amends sections 13, 15 and 19, of the
Act of 1874.
13. Kecognizances— city prison — sheriff to
be'tlie keeper and to have custody of
prisoners.
15. Writs— orders- -judgments, etc..
from the time of their rendition,
19. Fees of jurors— how paid.
lien
An Act to amend sections thirteen (13), fifteen (15) and nineteen
(19) of an act entitled ''An act in relation to courts of record in
cities," approved March 26, 1874, in force July 1, 1S74.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That sections thirteen (13),
fifteen (15) and nineteen (19) of an act entitled "An act in relation
to courts of record in cities," approved March 26, 1874, in force
-^July 1, 1874, be so amended as to read as follows:
Section 13. All recognizances taken by any justice of the peace,
police magistrate or other officer of the city, in criminal cases, when
the offense is committed in the city, except treason and murder, may
be made returnable to the city court of such city and in all such
cases the defendant ma}?- be confined in a city prison if the same be
provided for that purpose by such city. The sheriff of the county
shall be the keeper and have the custody of such prisoners; and the
cost of feeding and keeping such prisoners shall be paid out of the
county treasury on the certificate of the sheriff verified by his affi-
davit.
198 COURTS, COUNTY.
§ 15. The writs and process of such city courts shall be issued
and executed in the same manner, and shall have the same force and
effect, except as limited by this act, as the writs and process of cir-
cuit courts. Orders, judgments and decrees of city courts shall have
the same force, be of the same effect, and shall be executed and en-
forced in the same manner as judgments, orders and decrees of circuit
courts; such judgments and decrees shall be a lien upon the real es-
tate in such city from the time of their rendition ; and in the county
wherein such city court is situate only after a certified transcript of
the same shall have been filed in the office of the circuit clerk of the
county; which transcript shall contain the names of the parties to
the suit, the kind of action, the amount of the judgment, or the gen-
eral nature or effect of the decree, as the case may be, and the term
and time at which the suit was disposed of.
§ 19. The fees of the grand and petit jurors for such courts, in-
cluding the fees for summoning the same, shall be paid out of the
county treasury of the county wherein such court is established
upon the certificate of the clerk of such court.
Approved May 21, 1897.
COURTS, COUNTY.
i 1. Amends section 44 of the Act of 1874, as amended by the Act of 1883, by changing terms
in Henderson county— emergency.
An Act to amend section 44 of an act entitled "An act to extend the
juyisdiction of county courts and to regulate the practice thereof ^
to fix the time for holding the same, and to repeal an act therein
named,'' approved March 26, 1874, in force July 1, 1874, as
amended by act approved June 23, 1883, and in force July 1, 1883-
Section 1. Be it enacted by the People of the State of Illinois,
represented in the Genercd Assembly: That section forty-four (44)
of an act entitled "An act to extend the jurisdiction of county courts,
and to regulate the practice thereof, to fix the time for holding the
same, and to repeal an act therein named," approved March 26, 1874,.
in force July 1, 1874, as amended by act approved June 23, 1883, and
in force July 1, 1883, be and the same is hereby amended so as to
read as follows:
§ 44. Henderson — January and June.
Whereas, In consequence of the legal business of said countj^ of
Henderson, a term of said county court is required in the month of
June, A. D. 1897, and an emergency exists, therefore this act shall take
effect and be in force from and after its passage.
Approved June 3, 1897.
COURTS OF RECORD.
199
COURTS OF RECORD.
PUBLICATION OF SERVICE.
§ 1. Provides that it shall be sufficient publication if notice be piiblished for 4 successive
weeks.
An Act to regulate service by puhlication in courts of record and to
repecd acts in conflict therewith.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented in tlie Genercd Assembly : That in all suits at law or
in chancery, or in probate matters hereafter commenced in courts of
record in this State where service by publication is required, or
against non-resident defendants who" reside or have gone out of the
State, or on due inquiry can not be found, or are concealed within
this State so that process can not be served upon them, it shall be
sufficient publication if such notice shall be published for at least
four (4) successive weeks, the first publication to be at least thirty
(30) days next prior to the first day of the term of such court, in
some newspaper of general circulation in the county in which such
suit may be brought. And the clerk of the court shall mail to the
defendants at their last known place of residence, as stated in the
affidavit, a copy of said notice within ten days after the first day of
the publication of the same.
Approved June 11, 1897.
COURT RECORDS.
RESTORATION.
I 3. Duly of the board of surervisors.
I 4. Emergency.
l 1. Clerk of the circuit court of Clay
county to write up and reproduce the
journal entries in full.
I 2. Journal entries to be admitted in evi-
dence.
An Act to provide for the restoration of lost or destroyed court
records.
Whereas, Book "P" of the records of the circuit court of the
county of Clay and State of Illinois, containing the journal entries
of the said circuit court pLroceedings for the September term, 1893,
the March and September terms, 1894, and the March term, 1895,
have been lost, stolen or destroyed, and are believed to have been wil-
fully stolen and destroyed; therefore.
200 COURTS. SUPREME.
Section 1. Be it enacted by the People of the State of Illinois,
reiwesenied in the General Assemhlij, That the clerk of the circuit
court in and for the county of Clay and State of Illinois be and he is
hereby authorized and directed to procure a suitable blank book and
from the court's minutes in the "judge's docket" write up and re-
produce the journal entries in full, as they were at the time of the
loss or destruction of the said book "P" of circuit court records of
Clay county, Illinois.
§ 2. The said journal entries, when so written and reproduced
and approved by any one of the judges of the circuit court in and
for the county of Clay and State of Illinois, shall be admitted in
evidence in all courts the same as the originals might [mightj have
been.
§ 3. It shall be the duty of the board of supervisors of Clay
county, and they are hereby required, to allow and pay for the neces-
sary book and reasonable compensation to the clerk for his services
in [and] about the restorations of the said lost records, to be deter-
mined by the usual fee per folio or hundred words; and this work being
extra and rendered necessary, without any fault or neglect of the
clerk or other court official, the clerk shall be allowed his said fees
in addition to his salary and clerk hire as necessary clerk hire.
§. 4. Whereas, The said records are constantly needed in the
transaction of business, therefore an emergency exists and this act
shall take effect from and after its passage and approval.
Approved June 7. 1897.
COURTS, SUPREME.
consolidation.
I 4. Process returnable.
§ 5. Appeals, when allowed.
?6. Repeal.
§ 1. Makes one grand division.
I 2. Terms of court.
? 3. Clerks of the northern and souchern
g'rand divis'ions to remove records,
etc., to central grand division.
An Act to diminish the number of the judicial divisions of the Su-
■preme Court, to change the time and 2^1 aces of holding said court,
and to regulcde the practice in said court.
Section 1._ Be it enacted by the People of the Stcde of Illinois,
represented in the Genercd Assembly : That for the purposes of hold-
ing the terms of the Supreme Court, and the election of a clerk of
said court, the State shall constitute one (1) grand division.
§ 2. The terms of the Supreme Court shall be held in the place
provided therefor at the city of Springfield, as follows: On the
first Tuesday in October, December, February, April, and June of
each year.
COURTS, SUPREME. 201
§ 3. The clerks of said court for the northern and southern grand
divisions as now constituted shall, on or before the first day of Octo-
ber following the taking effect of this act, remove to the place pro-
vided for the clerk of said court at the city of Springfield, all the
records, files, dockets and papers of their respective offices, and which,
with the records, files, dockets and papers of said court in the xDresent
central grand division, shall constitute the records, files, dockets and
papers of the Supreme Court. Until the terms of office of the pres-
ent clerks of said court shall terminate said clerks, respectively, shall
continue in charge of the records, etc., of their respective grand divi-
sions as now constituted, perform the duties of their said offices and
receive the emoluments thereof in all business originating in their
respective grand divisions as though said grand divisions had not
been consolidated; and upon the expiration of the terms for which
the present clerks of said court were elected but one clerk of said
court shall be elected.
§ 4. All process returnable to said court in either of the present
grand divisions shall, after the taking effect of this act, be held re-
turnable to said court at Springfield to the October term next there-
after; and all appeals to and writs of error from said Supreme Court
in either of said grand divisions before the taking effect of this act
shall be considered as taken to the said October term ; and all notices
given before the taking effect of this act, requiring appearance in
said court at any time after it shall have taken effect, shrill be con-
sidered as requiring such a]3pearance at said October term.
§ 5. All appeals to the Supreme Court shall be prayed and al-
lowed at the term at which judgment, order or decree appealed from
is rendered, and not more than twenty (20) days after the date of
the entry of such judgment, order or decree, authenticated copies of
records, or judgments, orders and decrees axojjealed from shall be filed
in the office of the clerk of the Supreme Court on or before the sec-
ond day of the succeeding term of said court: Provided, thirty (30)
daj^s shall have intervened between the day on which the order al-
lowing such appeal shall have been entered and the first day of such
succeeding term of said court. But if less than thirty (30) days
shall have intervened as aforesaid, then such copies of record shall be
filed on or before the second day of the second term succeeding the
allowance of said appeal; otherwise the said bill shall be dismissed
unless further time to file the same shall have been granted bj^ said
court or by some justice thereof in term time or vacation upon good
cause shown.
§ 6. All laws or parts of laws in conflict with this act are hereby
repealed.
Approved April 2, 1897.
202 CEIMINA.L CODE.
CRIMINAL CODE.
BICYCLE EACING PEOHIBITED.
? 3. Penalty.
I 4. Repeal.
§ 1. Racing more than 12 consecutive hours
unlawful.
? 2. Persons owning race track, park or road
not allowed to rent same for racing
purposes.
An Act to prevent long, continued and brutal bicycle riding.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That it shall be unlawful for
any person, xDersons or corporation to engage in, take part in or con-
duct a bicycle contest, match or race of more than twelve consecutive
hours' duration, without a rest of six consecutive hours following
each twelve hours' racing.
§ 2. It shall be unlawful for any person, persons or corporation
to rent, lease, let or hire any building, race track, park or road, be
they public or x^rivate, to any one for the purpose of conducting a
bicycle race not in accord with section one of this act.
§ 3. Whosoever shall be found guilty of violating any of the pro-
visions of this act shall be deemed guilty of a misdemeanor atid liable
to a fine of not less than twenty-five dollars nor more than five hun-
dred dollars, or a sentence of not less than thirty days nor more than
one year in the county jail or house of correction, according to the
discretion of the court.
§ 4. All laws or parts of laws in conflict with this act are liereby
repealed.
Approved June 10, 1897.
INSIGNIA OR EOSETTE OF LOYAL LEGION.
? 1. Persons prohibited wearing the insig- § 2. Penalty,
nia or rosette of the military order of
the Loyal Legion.
An Act to prohibit the wearing or using of the insignia or rosette of
the military order of tJie Loyal Legion of tlie United States by:
any otheis than members of tJie order.
Section 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly: That it shall be unlawful for
any loerson to wear the insignia or rosette of the military order of
the Loyal Legion of the LTnited States, or use the same to obtain aid
or assistance thereby from any i^erson. unless he shall be entitled to
use or wear the same under the constitution, by-laws, rules and regu-
lations of the military order of the Loyal Legion of the United
States.
§ 2. Any person convicted of a violation of any of the provisions
of section 1 of this act shall be deemed by the court guilty of a mis-
demeanor, and shall be fined in any sum not less than ten dollars and
not more than two hundred dollars.
Appeoyed June 9, 1897.
CEIMINAL CODE. 203-
PAROLE SYSTEM.
I 1. Amends section 1 of the Act of 1895.
An Act to amend an act in relation to the sentence of prisoners con-
victed of crime, and providing for a system of parole, approved
June 15, 1895.
Section 1. Be it enacted by tlie People of the State of Illinois,
represented in the General Assembly: That section first of the above
entitled act be and the same is hereby amended to read as follows:
That every person over twenty-one years of age who shall be con-
victed of a felony or other crime punishable by imprisonment in the
penitentiary, excepting treason, murder, manslaughter and rape, shall
be sentenced to the penitentiary, but the court imposing such sen-
tence shall not fix the limit or duration of the sentence, and the term
of imprisonment of any person so convicted and sentenced shall not
exceed the maximum term provided by law for the crime for which
the person was convicted and sentenced, making allowance for good
time as now provided by law; the release of such prisoner to be de-
termined as hereinafter provided: Provided, that from and after
July 1, 1897, the State board of pardons, if then created, shall, ex-
officio, have the powers and perform the duties devolved upon the
commissioners of the penitentiary by the act to which this is an
amendment, and "the State board of pardons," in case of its creation
as aforesaid, shall be and is hereby substituted in place of the words
"board," or "prison board." mentioned in said original act. Also
that the following be inserted as section 9 of said act, to-wit:
The provisions of this act shall not apply, so far as they concern
his parole, to an}'^ person over twenty-one years of age convicted and
sentenced to a penitentiary in this State who may be shown, upon
his trial, to liave been previously sentenced to a penitentiary in this
or any other State or country, but such person shall be held and con-
sidered as an habitual criminal and shall be required to serve the
maximum sentence provided by law for the crime of which he has
been convicted, less the good time which he may earn by good con-
duct, as now provided by law. Also that section (9) of said act,
as it now stands, be hereafter known as section (10).
Approved June 10, 1897.
REMOVAL of WASTE, LUBRICATED PACKING OR OTHER MATERIAL PRO-
HIBITED.
§ 1. Penalty.
An Act to punish persons for removing icaste, lubricated paclcing
or other mcdericd from the journal boxes of engines, tenders or cars
'without aidhoritii.
Section 1. Be it enacted by tJie People of the State of Illinois,
represented in the General Assemblu : That any person who shall
maliciously remove any waste or lubricated packing or other material
from the journal box or boxes of any railway engine, or teiider, or
any x^assenger coach, freight or railway car, owned, used or operated
by any railroad company, person, corporation or receiver, upon any
railroad in this State, shall be guilty of a misdemeanor, and upon
204 CRIMINAL CODE.
conviction shall be punished by a fine not more than one hundred
dollars, or by imprisonment in the county jail for not less than ten
nor more than thirty days, or by both such fine and imx^risonment.
Approved June 11, 1897.
SELLING OR FRAUDULENTLY USING PASSES.
5 1. Unlawful for persons to buy, sell, give l 2. Penalty,
or transfer any pass. |
An Act to prevent Jnnjing. selling or frauduJentJy using passes
upon railroads, steamboats or ottier puhlic conveyances.
Section 1. Be it enacted by ttie People of the State of Illinois,
represented in tiie General Assembly : That it shall not be lawful
for any person to buy, sell, give, barter, or transfer in any manner,
any pass which, by conditions expressed thereon, is not transferable,
or any form of free transportation which, by conditions expressed
thereon, is not transferable, issued or given by any railroad company,
steamboat company or owners of other public conveyances in this
State. Nor shall it be lawful for any person to use, or attempt to use,
for the purpose of being transported upon any railroad, steamboat or
other public conveyance in this State, any pass or any form of free
transportation issued in the name of any person other than the one
so using or attemping to use such pass or form of free transportation.
§ 2. Any person violating any of the provisions of this act shall
be deemed guilty of a misdemeanor, and shall be liable to be pun-
ished by a fine not exceeding $100, or by imprisonment not exceed-
ing one 5^ear, or either, or both, at the discretion of the court in
which such person or persons shall be convicted.
Approved June 10, 1897.
SENSATIONAL OR FALSE ADVERTISEMENTS IN NEWSPAPERS OR OTHER-
WISE PROHIBITED.
g 1. False advertising- prohibited. I ? 2. Penalty.
An Act to regulate and proliihit sensational or false advertisements
in newspapers or otlierwise, and providing penalties for tlie vio-
lation tliereof.
Section 1. Be it enacted by tlie People of tlie State of Illinois,
represented in tlie General Assembly: That no person, firm, asso-
CRIMINAL CODE. 205
elation or corjporation doing business in this State shall insert or
cause to be inserted in any newspaper circalated in this State, or
display or exhibit any sign, placard, transparency, or distribute or
cause to be distributed any hand-bill, circular or pamphlet whereby
any goods or merchandise shall be falsely represented or advertised
as stocks damaged by fire, water or otherwise, or as bankrupt or in-
solvent stocks, or as sheriff's, constable's, receiver's, assignee's of other
judicial sales, or as offered as closing out or sacrifice sales, or whereby
the same are falsely represented to be of a greater worth or value
than the selling price at which the same are offered for sale.
§ 2. Any x^erson, firm, association or corporation violating any of
the provisions of section one (1) of this act shall forfeit and pay not
less than twenty-five dollars ($25.00) for the first offense, and not
less than fifty dollars ($50.00) for the second offense, and not less-
than double the xoenalty inflicted for the second offense for each sub-
sequent offense.
Approved June 11, 1897.
DOCUMENTS AND RECORDS.
PRESERVATION.
g 1. Documents and records transferred to § 2. To whom delivered,
the Illinois State Historical Library. |
An Act to provide for the hetter preservation of official documents
and records of historic interest.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented in the Oenercd Assembly: That the board of supervisors,
or the board of county commissioners, as the case may be, of every
county in this State may, by order or resolution, authorize and di-
rect to be transferred to the Illinois State historical library, or to
the State university library at Urban a, Illinois, such official papers,
drawings, maps and writings and records of every description as
may be deemed of historic interest or value, and as may be in the
custody of any officer of such county. Accurate copies of pajoers,
etc., thus transferred, shall be substituted for the original copies in
the records of the proper office when, in the judgment of the county
board, the same may be deemed necessary.
§ 2. It shall be the duty of the officer having the custody of such
papers, etc., whenever so directed by the county board in the man-
ner prescribed in the foregoing section, to deliver the same to the
trustees or librarian of the library designated by said county board.
Approved June 9, 1897.
206 DRAINAGE.
DRAINAGE.
CONSTRUCTION, MAINTENANCE AND REPAIRS OF DRAINS AND DITCHES.
An Act in relation to the construction, reparation and protection of
drains, ditches and levees across the land of others for agricul-
turcd, sanitary and mining piii-poses, and to provide for the organ-
ization of drainage districts, approved and in force May 29, 1879.
Section 200. To require all persons owning land to clean streams.
Section 1. Be it enacted hy the People of the Stcde of Illinois,
represented in the General Assembly : That all persons owning land
in this State shall clean annually any and all brush, trees, logs and
other impediments to the flow of water in the bed of any stream,
however small, and extending from the top of one bank to the top of
opposite bank of any such stream, as far as any such stream shall
run or border the land of any owner, and whea any stream shall run
between the lands of two or more owners, each ]party shall clean his
part of such stream: Provided, that the streams or runs less than 15
feet wide, and the rivers of this State, shall not be included herein,
and this act shall not interfere with fencing, flood-gates, bridges, cul-
verts, etc., etc.
Sec. 201. Penalty for failure to comply with above section.]
In case of failure to comply with the above section of this act, the
tax assessor shall, when he assesses the land of any such owner,
inquire whether or not section one of this act has been complied
with by any such land owner, and if such land owner has failed to
have complied with the requirements of this act by the first daj- of
May of each year, the assessor shall note the fact on the assessment
book opposite the land of such owner, and the county clerk is hereby
requ.ired to extend ten dollars drainage tax against each forty acre
tract or fraction thereof, as a jpenalty for such failure, and five dollars
on each such tract shall be added each successive year, and extended
by such clerk on the tax books until this act shall be complied with
by each land owner or owners, said money to be collected as
other taxes, and paid into the school fund of the town wherein the
land is, and used in the school district where the land is situated.
In case of failure to comply with the above section of this act, the
person or persons so failing shall be liable for all damages occasioned
thereby to the person or persons, corporation or municipality injured
thereby to be recovered in any of the courts of this State having
competent jurisdiction thereof.
' Approved June 7, 1897.
Note— The foregoing is an exact copy of the enrolled law.
Secketaey of State.
DRAINAGE. 207
FARM DRAINAGE.
89a. Duties of commissioners— election,
etc.
i 1. Amends sections 76 and 89a of the Act
of 1885 as amended by the Act of 1895.
'i 76. Commissioners— compensation, etc.
An Act to amend sections 76 and 89a of an act entitled ''An act to
provide for drainage for agricultural and sanitarij purposes, and
to repeal certain acts therein named j''' approved June 27, 1885, in
force July 1, 1885, as amended by act approved June 21, 1895, in
force July 1, 1895.
Section 1. Be it enacted by the People of the Slcde of Illinois,
represented in the Genercd Assembly: That sections 76 and 89a of
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, as amended by act ai3-
proved June 21, 1895, in force July 1, 1895, be and the same is hereby
■amended so as to read as follows:
Section 76. The drainage commissioners shall select one of their
•own number who shall act as clerk of said drainage commission,
"whose compensation shall be two dollars per day for actual service;"
he shall be custodian of all papers and records pertaining to drain-
age matters in his town, and shall keep in a well bound book, to be
known as the "drainage record," a record of the proceedings of the
commissioners, and shall enter at length therein all the findings and
orders of the commissioners x^ertaining to the subject of drainage.
Section 89a. Upon the organization of any drainage district as
provided in section 15 of this act, the duties and obligations of the
commissioners of highways, as said* drainage commissioners of
such district shall cease as soon as drainage commissioners shall
have been elected and qualified as herein provided. It shall be the
duty of the town clerk to call an election in each district in his town-
ship, including the new districts organized during the previous year,
by giving ten (10) days notice that an election will be held, (speci-
fying time and place) ; said notices shall be posted in three (3) con-
siDicuous places in said districts. Elections shall be held in the
several drainage districts organized under this act on the second
Saturday in March of each year, between the hours of 2 and 6
o'clock p. m. At the first election in each district there shall be
elected three (3) commissioners, one for one year, one for two years,
and one for three years, and annually thereafter one drainage com-
missioner shall be elected who shall hold his office three years and
until his successor is elected and qualified. Everj'^ adult owner of
land in the district, whether residing within or without the district,
shall be a voter and be eligible to the office of drainage commis-
sioner.
Said elections shall be conducted after the manner provided by
law for governing school elections. Commissioners of highways
shall act as judges and clerk of the first election held in any district;
thereafter the drainage commissioners shall act as judges and clerk
of elections in their respective districts. If said commissioners be
not present, it shall be competent for the electors present to select
208 DRAINAGE.
judges and clerk of said election. Returns of said election shall he
made to the town clerk, who shall record the same in a book kept
for that purpose. Said commissioners shall take the oath of office
before some officer authorized to administer oaths. Said commis-
sioners shall be known by the corporate name of drainage commis-
sioners of District No .... of the town of ,
county of , State of Illinois, and by that name shall be a
body politic and corporate, and may sue and be sued, plead and be
impleaded, contract and be contracted with, and shall be the corpor-
ate authority of their respective districts. Before entering upon
their duties as herein provided the commissioners shall take and
subscribe an oath substantially as follows, viz:
We, , drainage commissioners of drainage dis-
trict No ...., do solemnly swear (or affirm) that we will faithfully
and impartially perform the duties required of us to the best of our
understanding and judgment, and make assessments of damages and
benefits (or benefits, as the case may be,) in favor of or against the
land in said district according to law.
Approved June 10, 1897.
LEVEES, CANALS AND TUNNELS FOR AGRICULTURE, MINING OR SANITARY
PURPOSES.
§ 2. Eminent domain.
§ 3. Powers.
I 1. Company to state in articles of incorpo-
ration the places from and to which
it is intended to construct its pro-
posed levees, canals or tunnels.
An Act to enable the construction by incorporated companies of
levees, canals and tunnels for agricultural, mining or sanitary
purposes.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the Genercd Assembly : That any company which has
been or shall be incorporated under the general law of this State for
the purpose of building, operating and maintaining within this State
any levee, canal or tunnel for agricultural, mining or sanitary pur-
poses shall state in its article of incorporation the places from and tO'
which it is intended to construct its proposed levees, canals or tun-
nels.
§ 2. If any such corporation shall be unable to agree with the-
owners for the purchase of any real estate necessary for the purpose
of its incorporation for right of way or any other lawful purpose con-
nected with or necessary to the construction, maintenance and opera-
tion of any works within the scope of its incorporation, such corpo-
ration may acquire such real estate in the manner that may be now
or hereafter provided for by any law of eminent domain.
d:rainage. S09
§ 3. Such corporation shall have power —
First — To make such examination and survey for the proposed
works as may be necessary to the selection of the most advantageous
route, and for such purpose may enter, by its officers, agents and sei-^
vants, upon the land of any person or corporation, but subject to re-
sponsibility for all damage caused thereby.
Second — To construct its levee, canal or tunnel across or under any
stream of water, waterway, highway, road, street or railroad which
the route of such levee, canal or tunnel shall intersect or touch; but
such corporation shall restore the stream, waterway, highway, road,
street or railroad thus intersected or touched to its former state, or to
such state as not to have impaired its usefulness, and shall keep such
crossing in repair: Provided, however, that nothing in this act shall
be construed or held to authorize the permanent obstruction of any
navigable stream or waterway.
Approved June 10, 1897.
SANITAEY DISTRICTS.
21. Attorni-y General to prosecute for any
violation of act.
§ 1. Amends sections 12 and 21 of the Acts
1889 and 1895.
'i 12. Authorizes the board of trustees to
levy and collect a tax of l^s per cent,
for 1895, 1896, 1897, 1898 and 1899.
An Act to amend sections 12 and 21 of ''An act to create sanitary
districts and to remove obstructions in tiie Desplaines and Illinois
rivers,'^ approved May -29, 1889, in force July 1, 1889, and
amended hy an act in force July 1, 1895.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented in tlie Genercd Assembly : That sections 12 and 21 of
'•An act to create sanitary districts and to remove obstructions in the
Desplaines and Illinois rivers," a^^proved May 29, 1889, in force July
1, 1889, and amended by an act in force July 1, 1895, be and the
same are hereby amended so as to read as follows:
§ 12. The board of trustees may levy and collect taxes for cor-
porate purposes upon property within the territorial limits of
such sanitary district, the aggregate amount of which for each of the
years 1895, 1896, 1897, 1898 and 1899 shall not exceed one and one-
half per centum of the value of the taxable property within the
corjjorate limits, as the same shall be assessed and equalized for the
State and county taxes of the year in which the levy is made, and
the aggregate amount of which in any one year after the year 1899
shall not exceed one-half of one per centum of such value. Said
board shall cause the amount required to be raised by taxation in
each year, to be certified to the county clerk on or before the second
Tuesday in August, as provided in section one hundred and twenty-
two of the general revenue law. All taxes so levied and certified
shall be collected and enforced in the same manner and by the same
officers as State and county taxes, and shall be paid over by the
—14
210 DRAINAGE.
ofScer collecting the same to the treasurer of the sanitary district
in the manner and at the time provided by the general revenue law:
Provided, that no X3art of the taxes hereby authorized shall be
used by such drainage district for the construction of permanent,
fixed, immovable bridges across any channel constructed under the
provisions of this act; and.
Provided further, that all bridges built across such channel shall
not unnecessarily interfere with or obstruct the navigation of such
channel when the same becomes a navigable stream, as provided in
section 24 of this act, but such bridges shall be so constructed that
they can be raised, swung or moved out of the way of vessels, tugs,
boats or other water crafts navigating such channel; and.
Provided further, that nothing in this act shall be so construed as
to compel said district to maintain or operate said bridges as mova-
ble bridges for a period of seven years from and after the time when
the water has been turned into said channel pursuant to law, unless
the needs of general navigation on the Desplaines and the Illinois
rivers, when connected with said channel, sooner require it.
§ 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 water course, beyond or with-
out the limits of such district, without conforming to the provisions
of this act, or, having introduced such sewage into such water course,
shall fail to comply with any of the provisions 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 water course is
situated, or he may authorize the State's Attorney of any such county
to commence and prosecute such action in any such county: Pro-
vided, 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:
And, 'provided further, that if any individual or the authorities of
any municipal corporation shall file with the Attorney General a
verified statement in writing, setting forth wherein said sanitary
district has failed to comply with any of the provisions of this act,
it shall be the duty of the Attorney General forthwith to file in the
Supreme Court of this State a petition for mandamus, setting forth
wherein said sanitary district has failed to comply with the provis-
ions of this act, and said court shall thereupon hear and determine
such cause and proceed to enforce compliance with the provisions of
this act as in other cases of mandamus.
And, in order to comply with the provisions of this act, such sani-
tary district is hereby authorized and empowered to levy and collect
such tax as an emergency tax upon the taxable property of such
sanitary district as may be necessary to carry into effect any order,
judgment or decree of said court relating to the requisite flowage of
water, capacity of the channel or outlet, and the construction, main-
tenance and operation of movable bridges, as required by this act.
Approved May 13, 1897.
ELECTIONS. 211
ELECTIONS.
AMENDS SECTIONS 3 AND 8 OF THE ACT OF 1891.
I 1. Sections 3 and 8, Act of 1891, amended. | § 8. Withdrawal, of candidates from nomi-
nation— Duties of the Secretary of
§ 3. Nominations — Names of candidates not
to be placed upon the ballot more than
once.
State and coimty clerk.
An Act to amend sections 3 and 8 of an act entitled "An act to pro-
vide for the prinHng and distrihution of bcdiots cdpid)lic expense,
and for the nomination of cnndidcdes for puhlic offices, to regulcde
the maimer of holding elections, and to enforce the secrecy of the
ballot," approved June 22, 1891, in force July 1, 1891.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented in the General Assembly : That sections three (3) and
eight (8) of an act entitled "'An act to provide for the printing and
distribution of ballots at public expense, and for the nomination of
candidates for public offices, to regulate the manner of holding elec-
tions, and to enforce the secrecy of the ballot," approved June 22,
1891, in force July 1, 1891, be amended so as to read as follows:
§ 3. Any convention of delegates, and any caucus or meeting of
qualified voters, as hereinafter defined, and individual voters to the
number and in the manner hereinafter specified, may nominate caii-
didates for public office, whose names shall be placed upon the ballots
to be furnished as hereinafter provided for: Provided, that the
names of candidates shall not be placed upon the ballot more than
once for the same office, or under more than one party appellation
or title.
§ 8. Any i^erson whose name has been presented as a candidate
or who has been nominated by more than one convention, caucus or
meeting of qualified voters, may cause his name to be withdrawn
from any such nomination by his request in writing, signed by him
and duly acknowledged before an officer qualified to take acknowl-
edgement of deeds, and filed with the Secretary of State not less
than fifteen (15) days, or with the proper clerk not less than eight
(8) days, previous to the day of election, and no name so withdrawn
shall be printed upon the ballots under the party appellation or title
from which the candidate has withdrawn his name. In case the cer-
tificate of nomination or petition, as provided for in this act, shall
contain or exhibit the name of any candidate for any office upon
more than one of said certificates or petitions (for the same office) ,
then, and in that case, the Secretary of State or county clerk, as the
case may be, shall immediately notify said candidate of said fact and
that his name appears unlawfully upon more than one of said cer-
tificates or petitions, and that within five (5) days from the receipt
of said notification said candidate must elect as to which of said
political party appellations or groups he desires his name to appear
and remain under upon said ballot, and if said candidate refuses, '
fails or neglects to comply with the provisions herein, then, and in
212 ELECTIONS.
that case, the Secretary of State or county^clerk,.as the case may be,
shall not permit the name of said candidate to appear or be printed
or placed upon said ballot under any or either of said political party
appellations or groups. All certificates of nomination and nomina-
tion papers, when filed, shall be open, and, under proper regulation,
to public inspection, and the Secretary of State and the several
clerks having charge of nomination papers shall preserve the same
in their respective offices not less than six (6) months.
Appeoved May 6, 1897.
BALLOT EEFORM.
§ 1. Amend Section 27, of the Act of 1891.
An Act to amend section twenty-seven of an act entitled "An act to
provide for the printing and distribution of ballots at public ex-
pense and for tlie nomination of candidates for pidjlic offices, to
regulcUe the manner of holding elections and to enforce the secrecy
of the bcdlot,'^ approved June 22, 1891, in force July 1, 1891.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented in the Genercd Assembly : That section twenty-seven of
an act entitled "An act to provide for the printing and distribution of
ballots at public exjpense and for the nomination of candidates for
public offices, to regulate the manner of holding elections and to en-
force the secrecy of the ballot," approved June 22, 1891, in force July
1, 1S91, be amended so as to read as follows:
Section 27. When the canvass of the ballots shall have been
completed, as now provided by law, the clerks shall announce to the
judges the total number of votes received by each candidate; each
judge of the election shall proclaim in a loud voice the total number
of votes received by each of the persons voted for and the office for
which he is designated, and the number of votes for and the number
of votes against any proposition which shall have been svibmitted to
a vote of the peo]ole; such proclamation shall be prima facie evidence
of the result of such canvass of the ballots. Immediately after mak-
ing such proclamation, and before separating, the judges shall fold in
two folds, and string closely upon a single piece of flexible wire all
ballots which have been counted by them, except those marked
"objected to," unite the ends of such wire in a firm knot, seal the
knot in such manner that it can not be untied without breaking the
seal, enclose the ballots so strung in a secure canvas covering and se-
curely tie and seal such canvas covering with official wax impression
seals to be provided by the judges, in such manner that it can not be
opened without breaking the seals, and return said ballots, together
with the package containing the ballots marked "defective" or "ob-
jected to," in such sealed canvas covering to the proper clerk or to
the board of election commissioners, as the case may be, and such
officer shall carefully preserve said ballots for six months, at the ex-
piration of that time shall destroy them by burning without pre-
ELECTIONS. 213
viously opening the packages. Such ballots shall be destroyed in the
presence of the official custodian thereof and two electors of approved
integrity and good repute and members respectively of the two lead-
ing political parties. The said electors shall be designated by the
county judge of the county in which such ballots are kept: Provided,
that if any contest of the election of any officer voted for at such
election shall be pending at the expiration of said time, the said bal-
lots shall not be destroyed until such contest is finally determined. In
all cases of contested elections, the parties contesting the same shall
have the right to have said ballots opened and to have all errors of
the judges in counting or refusing to count any ballot corrected by
the court or body trying such contest, but such ballots shall be
opened only in open court or in open session of such body and in the
presence of the officer having the custod}^ thereof.
Approved June 9, 1897.
BALLOT REFORM.
1 1. Amends section 19, Act of 1891, by providing: that the officer whose duty it is to cause
the printing and distribution of ballots to print specimen ballots.
An Act to amend section nineteen of an act entitled "An act to pro-
vide for the printing and distrihution of ballots at puhlic expense,
and for the nomincdion of candidates for pid)lic offices, to regulate
the manner of holding elections, and to enforce the secrecy of the
ballot," approved June 22, 1891, in force July 1, 1891.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented in the General Assembly : That section 19 of "An act
to provide for the printing and distribution of ballots at public ex-
pense, and for the nomination of candidates for public offices, to
regulate the manner of holding elections, and to enforce the secrecy
of the ballot," approved June ^2, 1891, in force July 1, 1891, be and
the same is hereby amended so as to read as follows:
§ 19. The judges of election shall cause not less than one of such
cards to be posted in each voting booth provided for the preparation
of ballots, and not less than four of such cards to be posted in and
about the polling places upon the day of election. Judges of election
shall, not less than five days prior to an election, cause to be con-
spicuously posted, in five or more public places in their voting pre-
cinct or election district, a card of instruction and a specimen ballot
printed on colored paper, containing the names, residence and party
or political affiliations of all candidates nominated as herein provided,
and to be voted for in such precinct, substantially in the form of the
general ballot to be used herein, and the officers or authorities
charged with the printing and distributing of the ballots shall cause
to be pablished, prior to the day of election, in at least two news-
papers, if there be so many published in such county, representing
the political parties which cast at the preceding election the largest
and next largest number of votes, a list of all the nominations made
214 ELECTIONS.
as herein lirovided, and to be voted for at such election, as near as
may be in the form in which they shall appear upon the general
ballot. The officer or officers whose duty it is to cause the printing
and distribution of ballots shall have printed a sufficient number of
specimen ballots and deliver the same to the judges of election so as
to enable said judges to comply with the provisions of this act.
Approved May 26, 1897.
CITIES, VILLAGES AND TOWNS.
§ 1. Amends section 15, article II, of the Act of 18S5, by providing- for the commissioning of
judges and clerks.
An Act to amend section 15 of article two II. of an act entitled" An act
regulating the holding of elections and declaring the result thereof
in cities, villages and incorporated toions in this State,''' approved
June 19, 1885, in force July 1, 1885.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That section 15 of article
II. of an act entitled "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, in force July 1, 1885, be and
the same is hereby amended so as to read as follows:
§ 15. After the issue of a commission to such judges and clerks,
they shall again be notified to appear at the office of said board, and
shall then and there, after taking the oath of office, receive their com-
missions; said oath of office shall be taken before one of said com-
missioners or said chief clerk or some person designated by said
board of commissioners and approved by said county court for that
purpose, and who, when so designated and approved, shall have the
right to administer said oath in the name of and for said chief clerk,
but the number of persons having the right to administer said oath
by reason of said designation and approval shall not at any time ex-
ceed five, and the oath of office shall be in writing ai;id subscribed by
each one, and shall be in substance as follows:
•'I, , residing at , in the
city (village or town) of , in the State of Illinois,
do solemnly swear (or affirm) that I am a legal voter (and a house-.
holder in case of a judge) in the ward of the city
(village or town) of , in the State of Illinois; that
I will support the laws and constitution of the United States and of
the State of Illinois; and that I will faithfully and honestly dis-
charge the duties of the office of judge (or clerk) of elections and of
registration, for the precinct of the ward of
the city (village or town) of , in the county [ of]
, in the State of Illinois, according to the best
of my ability."
Whereas, An emergency exists, therefore this act shall take effect
and be in force from and after its passage.
Approved June 7, 1897.
ELECTIONS. 215
CITIES, VILLAGES AND TOWNS.
§ 1. Amends section 1 of article 7 of the Act of 1885, by changing the salaries of commission-
ers and clerks in counties of the first, second and third class.
An Act to amend section 1 of article VII. of an act entitled "An act
regulating the holding of elections and declaring the result thereof
in cities, villages and incorporated towns in tliis State,'" approved
June 19, 1885, in force July 1, 1885.
Section 1. Be it enacted hy the People of the Stcde of Illinois,
represented i7i the General Assembly: That section 1 of article VII.
of an act entitled "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, in force July 1, 1885, be
amended so as to read as follows:
Section 1. Such election commissioners and the chief clerk of the
board of election commissioners shall be paid by the county, and for
the purpose of fixing their fees and compensation the several coun-
ties of this State are divided into three classes as they are now classi-
fied by law as to fees and salaries.
In counties of the first class said election commissioners shall re-
ceive a salary of $500, and said chief clerk a salary of $400, per an-
num.
In counties of the second class said election commissioners shall
receive a salary of $700, and said chief clerk a salary of $600, per
annum.
In counties of the third class, to-wit, in Cook county, such election
commissioners shall receive a salary of $2,500, and such chief clerk a
salary of $4,000, per annum.
All expenses incurred by ^ich board of election commissioners
shall be paid by such city. Such salaries and exi^enditures are to be
audited by the county judges, and such salaries shall be paid by the
county treasurer upon the warrant of such county judge out of any
money in the county treasury not otherwise appropriated, and such
expenditures shall be paid by the city treasurer upon the warrant of
such county judge out of any money in the city treasury not other-
wise appropriated. It shall also be the duty of the governing au-
thority of such counties and cities, respectively, to make provision
for the prompt payment of such salaries and expenses, as the case
may be.
Approved June 9, 1897.
216 ELECTIONS.
ELECTION OF JUDGES OF THE SUPERIOE COURT OF COOK COUNTY.
g 1. Fixes the time for election of judges of I § 2. Repeal— Emergency,
the Superior Court of Cook county. I
An Act to provide for the election and time of election of judges of
the Superior Court of Cook county.
Be it enacted hy the People of the State of Illinois, represented
in the Genercd Assembly : Section 1. Each of the sitting judges
of the Superior Court of Cook county shall hold his office until the
expiration of the term for which he was elected; and from and after
the passage of this act the twelve (12) judges of the Superior Court
of Cook county shall be elected, as follows:
One judge on the first Monday in June, in the year of our Lord
1897, and every six (6) years thereafter; and
Six (6) judges on Tuesday next after the first Monday of Novem-
ber in the year of our Lord 1898, and every six (6) years thereafter; and
Four (4) judges on Tuesday next after the first Monday in Novem-
ber in the year of our Lord 1899, and every six (6) years thereafter; and
One judge on the first Tuesday after the first Monday of November
in the year of our Lord 1901, and every six (6) years thereafter.
Each of the judges so elected as above provided shall enter upon
the duties of his office on the first Monday of December next after
his election, and shall hold office for a term of six (6) years, and un-
til his successor is elected and qualified.
§ 2. All acts and parts of acts in conflict with this act are hereby
repealed.
Whereas, An emergency exists, therefore this act shall take effect
and be in force from and after its passage.
Approved March 31, 1897.
JUDGES AND CLERKS OF ELECTION.
? 1 Amends section 33 of Act of 1872 as amended by the Act of 1885.
An Act to amend section thirty-three (33) of an act entitled "An act
in regard to elections and to provide for filling vacancies in elec-
tive offices,^' approved April 3, 1872, in force Jidy 1, 1872, as
amended by an act approved. June 22, 1885, in force July 1, 1885.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the Genercd, Assembly : That section thirty-three of
an act entitled "An act in regard to elections and to provide for fill-
ing vacancies in elective offices," approved April 3, 1572, in force
July 1, 1872, as amended by an act approved June 22, 1885, in force
July 1, 1885, be and the same is hereby amended so as it reads as
follows:
Section 38. In counties under township organization the county
board shall, at its regular (or at a special) meeting in the month of
EMINENT DOMAIN. 217
July of each year, except where such judges and clerks are appointed
by election commissioners, appoint in each election district or pre-
cinct in the count}^ three capable and discreet electors to be judges
of elections, and who shall possess the qualifications required by this
act for such judges. The town supervisor shall be api^ointed as one
of such judges of election in the district or precinct in which he re-
sides. No more than two persons of the same political party shall be
appointed judges of the same election district or precinct. Such
election judges shall hold their office one year from their appoint-
ment and until their successors are duly appointed. The said county
board may fill vacancies in said office at any time.
Approved June 3, 1897.
PER DIEM OF JUDGES AND CLERKS OF ELECTION.
2 1. Amends section 2 of article VII. Act of § 3. Emergency.
1885.
§ 2. Per diem of judges and clerks of elec-
tion in counties of the third class.
An Act to amend section 2 of article VII. of an act entitled "An act
regidcding the holding of elections and declaring the residt thereof
in cities, villages and incorporcded towns in this Stcde,^' approved
June 19, 1885, in. force July 1, 1885.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the Genercd Assembly : That section 2 of article VII.
of an act entitled "An act regulating the holding of elections and de-
claring the result thereof in cities, villages and incorporated towns in
this State," approved June 19, 1885, in force July 1, 1885, be amended
so as to read as follows:
Section 2. All judges and clerks of election in counties of the
third class under this act shall be allowed and paid at the rate of five
dollars per day.
§ 3. Whereas, An emergency exists, therefore this act shall take
effect and be in force from and after its passage.
Approved April 1, 1897.
EMINENT DOMAIN.
§ 1. Amends section 10 of the Act of 1872. I § 10. Judgment of court— Petitioner to pay
I costs and attorneys' fees.
An Act to amend section ten of chapter forty-seven entitled "An act
to provide for the exercise of the right of eminent domain,'''' ap-
proved April 10, 1872, in force July 1, 1872.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented in the Genercd Assembly: That section ten of an act
218 EXEMPTIONS.
entitled "An act to provide for the exercise of the right of eminent
domain," approved April 10, 1872, in force July 1, 1872, be and the
same is hereby amended to read as follows:
Section 10. The judge or court shall, upon such report, proceed
to adjudge and make such order as to right and justice shall pertain,
ordering that petitioner enter upon such property and the use of the
same upon payment of full compensation as ascertained as aforesaid,
within a reasonable time to be fixed by the court, and such order,
with evidence of such payment, shall constitute complete justification
of the taking of such property: Provided, that in case the petitioner
shall dismiss said petition before the entry of such order or shall fail
to make payment of full compensation within the time named in
such order, that then such court or judge shall, upon application of
the defendants to said petition, or either of them, make such order in
such cause for the paj'ment by the petitioner of all costs, expenses
and reasonable attorney fees of such defendant or defendants paid or
incurred by such defendant or defendants in defense of said petition
as upon the hearing of such application shall be right and just, and
also for the payment of the taxable costs.
Approved May 14, 1897.
EXEMPTIONS.
'i 1. Amends section 1 of the Act of 1877.
An Act io amend section one (1) of an act entitled, "An act to ex-
empt certain personal property from attachment and sale on exe-
cution, and from distress for rent,'"' approved May 24, 1877, in
force July 1, 1877.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That section one of an act
entitled "An act to exempt certain j)ersonal property from attach-
ment and sale on execution, and from distress for rent," approved
May 24, 1877, in force July 1, 1877, be amended so the same will read
as follows:
§ 1. That the following personal property owned by the debtor
shall be exem^ot from execution, writ of attachment and distress for
rent, viz.:
First — The necessary wearing apparel, bible, school books and
family pictures of every person; and,
Second — One hundred dollars' worth of property, to be selected by
the debtor, and in addition, when the debtor is the head of a family
and resides with the same, three hundred dollars' worth of other
property, to be selected by the debtor:
Provided, that such selection and exemption shall not be made by
the debtor, or allowed to him or her from any money, salary or wages
due him or her from any person or persons, or corporation whatever;
and,
FEES AND SALARIES. 219
Provided fui'ther, that money dae the debtor from the sale of any
personal property which was exempt from execution, writ of attach-
ment or distress for rent at the time of such sale, shall be exempt
from attachment and garnishment to the same extent as such property
would be exempt had the same not been sold by such debtor.
Approved June 10, 1897.
FEES AND SALARIES.
§ 1. Amends section 32, Act 1872.
An Act to amend section 32 of an act entitled' "An act concerning
fees and salaries, and to classify the severed counties of this State
with reference thereto,^' approved March 29, 1872, in force July 1,
1872, title as amended hy act approved March 28, 1874, in force
July 1, 1874.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly: That section 32 of an act
entitled "An act concerning fees and salaries and to classify the
several counties of this State with reference thereto," approved
March 29, 1872, in force July 1, 1872, title as amended by act ap-
proved March 28, 1874, in force July 1, 1874, be and the same is
hereby amended to read as follows:
Section 32. Fees of the clerk of the criminal court of cook
COUNTY.] The fees of the clerk of the criminal court of Cook
county, from and after the time this act takes effect, shall be the
same as the fees provided in this act for the clerks of the circuit
courts in criminal matters in counties of the second class; and the
said clerk shall keep an account of his fees and report in the same
manner as is herein required of the other clerks of courts of record
in Cook county. And all the provisions of this act regarding the
payment to clerks of the circuit courts out of the county treasury of
a deficit arising from the non-collection of any fees shall be in force
and apply to the fees and duties of the clerk of the criminal court of
Cook county: Provided further, however, that in quasi criminal
cases appealed to the criminal court from a justice of the peace where
the a^Dpellant shall file in the office of the justice of the peace his
bond as required by law, he shall also at the same time pay the sum
of ten dollars to the justice for the use of the clerk of the criminal
court, and upon failure to do so it shall be the duty of the justice
not to allow the appeal, and in case the appeal is perfected before
the clerk of the criminal court the appellant shall be required to i^ay
to the said clerk the said sum of ten dollars, and the clerk of the
criminal court shall hold the said sum of ten dollars in each ap-
pealed case until such time as the case shall be disjDosed of, and in
case the appeal is decided in favor of the appellant the amount so
held shall be returned to the aj)pellant by the said clerk, but if said
appeal is dismissed by order of court, then said amount so held shall
be taxed as costs in the suit.
Approved May 25, 1897.
220 PEES AND SALAKIES.
FEES OF COUNTY CLERKS IN COUNTIES OF THE THIED CLASS.
§ 1. Amends section 4 of the Act of 1874.
An Act io amend section four (4) of an act entitled ''An act to
provide for fees of certain officers therein named in counties of
the third class,'''' approved March 2, 1874, in force March 2,
1874.
Section 1. Be it enacted hy the People of the Stcde of Illinois,
represented in the General Assembly : That section four (4) of an act
entitled "An act to provide for fees of certain officers therein named
in counties of the third class," approved March 2, 1874, in force
March 2, 1874, be and the same is hereby amended so as to read as
follows :
§ 4. For each license and taking bond for ferry, toll bridge, turn-
pike road, tavern, saloon, grocery or peddler, one dollar ($1.00). For
issuing each marriage license, sealing, filing and recording the same,
and the certificate thereto, (one charge) one dollar and fifty cents
($1.50). For each copy of rates for ferry, toll bridge, or turn-pike
road, twenty-five (25) cents. For taking and certifying to the ack-
nowledgement of a deed, power of attorney, or other writing, and
sealing the same, twenty-five (25) cents. For filing certificate in
case of estrays, entering the same and furnishing notices for publica-
tion thereof, (one charge) seventy-five (75) cents. For recording
all pajjers and documents required by law to be recorded in the office
of the count}^ clerk, for every one hundred words ten cents (10c).
For swearing any person to an affidavit, not to be used in a case in
the court of which he is a clerk, with certificate and seal, twenty-five
cents (25c.) For certificate and seal, not in a case in a court whereof
he is clerk, twenty-five cents (25c) . For making and certifying a
copy of any x^aper or record in his office, for every one hundred
words, ten cents (10c) . For filing papers in his office, for each paper
filed, ten cents (10c). For making transcript of taxable property
for the assessors, two cents ( 02c) for each tract of land or town lot,
and for extending other than State and county taxes, two cents (02c)
for each tax on each tract or lot, and each person's personal tax, to
be paid by the authority for whose benefit the transcript is made and
the taxes extended, and it shall be the duty of the county clerk to
certify to the county collector the amount due from each authority,
and the collector, in his settlement with such authority, shall reserve
such amount from the amount due and payable by him to such
authority The following fees shall be allowed for services in mat-
ters of taxes and assessments, and shall be charged as costs against
the delinquent jDroperty and collected with the taxes thereon. For
entering judgQient for each tract or lot, two cents (02c) . For services
in attending the tax sales, and issuing certificates of sales, and seal-
ing the same, for each tract or lot, twenty cents (20c). For canceling
certificates of sale for each tract or lot, twenty cents (20c) . For certifi-
cates of redemption, fifty cents (50c) . For noting on collector's war-
rants tax sales subject to redemption, for each tract or lot of land, ten
PEES AND SALARIES. 221
cents (10c), said fee of ten cents (10c) to be paid by either the person
making redemption, from tax sale, the person surrendering certificate
of sale for cancellation, or the person taking out tax deed.
Appkoved June 3, 1897.
JUDGES OF SUPREME COURT.
g 1. Judges of the Supreme Court to receive I § 2. Clerks to certain judges.
a salary of $7, 000 per annum. [ I 3. Repeal.
An Act to provide for and fix the salary of the judges of the Su-
preme Court and to make allowance for clerks to certain judges.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That there shall be, allowed
and paid to each of the judges of the Supreme Court who shall be
elected at any election held subsequent to the year 1896, in lieu of
any and all other compensation and clerk hire whatsoever, an annual
salary of $7,000, payable in quarter-yearly installments out of the
State treasury, on the warrant of the Auditor of Public Accounts,
from and out of any money not otherwise appropriated.
§ 2. Any incumbent of the office of supreme judge, whose term
is now running and does not expire until after the year 1897, and
who, by reason thereof, is disqualified under the latter clause of sec-
tion 7, article 6, of the Constitution of this State to receive the in-
creased salary provided by this act during the remainder of his terr-i
of ofiice, may appoint, by means of a writing to be filed with the State
Auditor, a clerk to assist such judge in his work, which clerk shall
receive a salary of $2,000.00 per annum, ijayable quarter-yearly, on
the warrant of said Auditor, out of any money in the treasury not
otherwise appropriated. Any such aj)pointment of clerk shall con-
tinue in force until revoked by the judge making the same, but this
provision shall cease with the expiration of the present term or terms
of the judge or judges appointing clerks hereunder.
§ 3. Any and all laws in conflict with this act are hereby repealed.
Approved June 11, 1897.
222 FIEE ESCAPES.
FIRE ESCAPES.
FOE BUILDINGS.
5. Erection and construction of all fire es-
capes to be under supervision of in-
spector of factories.
6. Application for a permit to erect fire
escapes to be filed in the office of the
inspector of factories.
§ 7. Act of 1885 repealed.
§ 1. Fire escapes to be put on certain build-
ings within three months — kind of.
§ 2. All buildings to be provided with fire
escapes for the purposes set forth in
section 1.
§ 3. Duties of factory inspectors— notice to
owner of buildings.
§ 4. Owners or trustees subject to fine.
An Act relating to fire escapes for buildings.
Section 1. Be it enacted by the People of the State of Illinois,
represented, in the General Assembly : That within three (3) months
next after the passage of this act all buildings in this State which
are four or more stories in height, excepting such as are used for pri-
vate residences exclusively, but including flats aiid apartment build-
ings, shall be provided with one or more metallic ladder or stair fire
escapes attached to the outer walls thereof, and provided with plat-
forms of such form and dimensions, and such proximity to one or
more windows of each story above the first, as to render access to such
ladder or stairs from each such story easy and safe, and shall also be
provided with one or more automatic metallic fire escapes, or other
proper device, to be attached to the inside of said buildings so as to
afford an effective means of escape to all occupants who, for any
reason, are unable to use said ladders or stairs; the number, location,
material and construction of such escapes to be subject to the ap-
proval of the inspector of factories: Provided, however, that all
buildings more than two stories in height, used for manufacturing
purposes, or for hotels, dormitories, schools, seminaries, hospitals, or
asylums, shall have at least one such ladder fire escape for every fifty
(50) persons, and one such automatic metallic escape, or other device,
for every twenty-five (25) persons, for which working, sleeping or liv-
ing accommodations are provided above the second stories of said
buildings; and that all public halls which provide seating room above
the first or ground story shall be provided with such numbers of said
ladder and other fire escapes as said inspector of factories shall des-
ignate.
§ 2. All buildings of the number of stories and used for the pur-
pose& set forth in section one (1) of this act which shall be hereafter
erected within this State shall, upon or before their completion, each
be provided with fire escapes of the kind and number and in the man-
ner set forth in this act.
§ 3. It shall be the duty of said inspector of factories to serve a
written notice, in behalf of the People of the State of Illinois, upon
the owner or owners, trustees or lessees, or occupant, of any building
within this State not provided with fire escapes in accordance with
FIRE ESCAPES. 223
the requirements of this act, commanding such owner, trustee, lessee
or occupant, or either of them, to place or cause to be placed upon
such building such fire escape or escapes as provided in section one
(1) of this act, within thirty (30) days after the service of such
notice. And the grand juries of the several counties of this State
may also, during any term, visit or hear testimony relating to any
building or buildings within their respective counties for the pur-
pose of ascertaining whether it or they are provided with fire escapes
in accordance with the requirements of this act, and submit the re-
sult of their inquiry, together with any recommendations they may
desire to make, to the circuit court, except in Cook county, and to
the criminal court of Cook county, and said court may thereupon, if
it find from the report of said grasid jury that said building or build-
ings is or are not x)rovided with a fire escape or escapes in accord-
ance with this act, cause the sheriff to serve a notice or notices upon
the owner, trustee, lessee or occupant of such building or buildings.
§ 4. Any such owner or owners, trustee, lessee, or occupant, or
either of them, so served with notice as aforesaid, who shall not,
within thirty (30) days after the service of such notice upon him or
them, place or cause to be placed such fire escape or escapes upon
such building as required by this act and the terms of such notice,
shall be subject to a fine of not less than twenty-five or more than
two hundred dollars, and to a further fine of fifty dollars for each
additional week of neglect to comply with such notice.
§ 5. The erection and construction of any and all fire escapes
provided for in this act shall be under the direct supervision and con-
trol of said inspector of factories, and it shall be unlawful for any
person or persons, firm or corporation to erect or construct any fire
escape or escapes, exceiot in accordance with a written iDermit first
had and obtained and signed by said inspector of factories, which
permit shall prescribe the number, location, material, kind and man-
ner of construction of such fire escape.
§ 6. Any person or persons, firm or corporation, who shall be re-
quired to place one or more fire escapes upon any building or build-
ings, under the provisions of this act, shall file in the office of said
inspector of factories a written application for a permit to erect or
construct such fire escape or escapes, which application shall briefly
describe the character of such building or buildings, the height and
number of stories thereof, the number of fire escapes proposed to be
placed thereon, the purposes for which such building or buildings is
or are used, and the greatest number of i^eople who use or occupy
or are employed in such building or buildings above the second
stories thereof at any one time.
§ 7. That an act entitled "An act relating to fire escapes for
buildings," approved June 29, 1885, in force July 1, 1885, be and the
same is hereby repealed.
Approved May 27, 1897.
224
FISH.
FISH.
PROPAGATION AND CULTIVATION.
§ 8. How enforced — complaint.
§ 9. Where complaint to be made.
§ 10. When warrant to issue.
g 11. Hearing complaint— judgment— juror.
i 12. Penalty — collection and distribution of.
? 13. When execution returns no property —
arrest.
§ 14. Appeal.
§ 15. Penalty.
§ 16. Repeal— board of fish commissioners.
1 1. Unlawful for any person or persons to
catch or kill any fish in any of the
rivers, etc., by the use of lime, spear,
acid, medical or chemical compound
or explosives.
§ 2. Not to obstruct passage of fish.
g 3. Suitable fish ways— commissioners-
damages— penalty.
? 4. Appointment and duty of wardens.
g 5. Persons violating act to be prosecuted.
? 6. Length of fish.
g 7. Fishing without consent of owner — pen-
alty.
An Act to encourage the propagation and culiivation and to secure
the protection of fishes in all the ivaters under the jurisdiction of
the State of Illinois.
Section 1. Be it enacted by the Feople of tlie State of Illinois^
represented in the General Assembly : That no person or persons
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, ponds,
streams, lakes, sloughs, bayous, or other water or water courses
within the jurisdiction of this State in such manner as will obstruct
the free passage of fish up and down and through such water or
water courses, and it shall be unlawful for any person to catch or
take fish, excej^t minnows for bait, with any device or means other
than a hook and a line within one-half mile of any dam constructed
across any of the rivers oi creeks or other water courses within the
jurisdiction of this State.
That it shall be unlawful for any person or j)ersons, at any time,
to catch or kill any fish in any of the rivers, creeks, ponds, lakes,
sloughs, bayous or other water courses within the jurisdiction of this
State by the use of lime, spear, acid, medical or chemical compound
or explosives.
That it shall be unlawful for any person to catch or kill any fish in
or upon any of the lakes or rivers within the jurisdiction of this
State with any device or means when such waters are covered with
ice.
That it shall be unlawful for any person to catch or kill, or attempt
to catch or kill, any fish with any trammel net, seine or other device
used as a seine, in or upon any of the rivers, creeks, streams, ponds,
lakes, sloughs, bayous or other watercourses within the jurisdiction
of this State. Nor shall the meshes of any weir, seine, basket or trap
of any net or seine used for catching fish, except for catching min-
nows for bait, be less than two inches square:
FISH. 225
Provided, however, that seining shall be lawful and allowed be-
tween the first day of July in each year and the fifteenth day of A^Dril
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, within the jurisdiction of this State, and also in the navi-
gable bays or lakes connected with such navigable streams within
the jurisdiction of this State and not extending beyond the over-
flowed bottom of such rivers or streams: Provided, also, that it
shall be lawful for the fish commissioners or persons authorized by
them to take fish in any way, at any time, and in any such places, as
they deem best for the purpose of propagation, distribution or
destroying of objectionable fish.
It shall be unlawful for any person to buy, sell or have in pos-
session any fish at any time which shall have been caught, taken or
killed contrary to the provisions of this act, and any person so offend-
ing shall be deemed guilty of a misdemeanor and fined as provided
in this act.
§ 2. Not to obstruct passage of fish.] 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 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, to place or cause to be erected in or in connection 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 controlling such dam or other obstructions,
during the whole time for the existence of such dam or other ob-
structions as aforesaid so that said fish-ways shall at all times be open
and free from obstruction for the passage of fish.
And in case the owner or persons controlling, operating or using
any dam or other obstruction 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 effi-
cient fisb-ways, as provided in this act, then the fish commissioners
may construct, or cause to be constructed, durable and efiicient fish-
ways, or XDlace the same in good repair, said work to be let by con-
tract 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 competent jurisdiction the
cost of constructing or repairing such fish-way. Any person or per-
sons or corporations owning or controlling any such dam or other
constructions, 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 the same, shall be deemed guilty of a misde-
meanor, and for each and every twenty days after such notification
—15
226
FISH.
that such person or persons shall neglect or refuse to comply with
the provisions of this section in not erecting, maintaining and keep-
ing in good repair such fish-ways, he or they shall be subject to a
penalty of not less than twenty-five or more "than two hundred dol-
lars.
§ '>i. Suitable fish-ways— commissioners— damages— penalty.]
All fish-ways built as provided in this act, if constructed to the satis-
faction and approval of a majority 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
conipliance with this act, wliicli 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 by the fish
commissioners when such fish-way is not maintained or repaired as
herein required. If such person or persons so owning or controlling
any such dam or other obstruction shall fail to construct or maintain
such fish-way to the satisfaction of the fish commissioners, or a ma-
jority thereof, then it shall be prima facie evidence of the viola-
tion 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 construction of any fish-way in such manner as to en-
danger the permanent durability of such dam or dams, or to impair
their usefulness. 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 impracticable.
The fish commissioners, or a majority of them, to determine whether
'or not such fish-way will endanger the permanent durability of such
dam or impair its usefulness as to such high water or climatic con-
ditions, and in case the owner or owners of such dam dissent to the
decision of such fisli commissioners, or a majority of them, then a
board of arbitrators shall be chosen to determine such matters;
one by the fish commissioners, or a majority of them, on© 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 se-
lected 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 ar))itrator as aforesaid within ten (10) days after
notice in writing by the fish commissioners, or a majority of them,
then the decision of the fish commissioners shall be final and con-
clusive. In case of the destruction or damage resulting to the dam
by reason of the construction of a fish-way under the direction of
the fish commissioners, such damage shall be repaired at the expense
of the State.
§ 4. Appointment and duty of wardens.] Tlie Governor, on
request of the fish commissioners, shall appoint fish wardens, who
shall enforce all laws relating to fishes, arrest all violators thereof,
prosecute all offenses against same. They shall have power to serve
FISH. 227
processes 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 for violating any of the provisions of this act;
but such wardens shall receive no fees, except in cases where con-
victions are obtained. Such fish wardens may be removed at any
time by the Governor.
§ 5. Persons violating act to be prosecuted.] It shall be
the duty of all sheriffs, deputy sheriffs, constables, fish commission-
>ers and fish wardens to cause any i^erson violating any of the sec-
^tions of this act to be promptly prosecuted, and the several fish com-
missioners of this State shall have the power to arrest without war-
rant any person or persons for violation of sections two (2) and three
(B) of this act.
§ 6. It shall be unlawful to sell, or offer for sale, any of the fol-
lowing named fishes mentioned below which are less than the length
*: specified for each:
Black bass eleven inches.
White or striped bass eight inches.
Rock bass eight inches.
Black or river croppie eight inches.
White croppie nine inches.
Yellow or ring x^erch eight inches.
Wall-eyed pike or pike perch fifteen inches.
Pike pickerel eighteen inches.
Buffalo ■ fifteen inches.
German carp thirteen inches.
Native carp twelve inches,
; Sunfish six inches.
Red-eyed perch six inches.
Catfish thirteen inches.
White ]Derch ten inches.
Ajid, provided further', that the possession of any of the above
named species for the purpose of sale, or offering for sale, of less
length than above designated shall be prima facie evidence of vio-
lation, and subject the party or parties having them in their posses-
sion to the penalties of the law hereinafter mentioned.
§ 7. Fishing without consent of owner — penalty.] Any per-
:Son or persons who shall, for the purpose of fishing, with seine or
net, without the consent of the owner, trespass upon the lands of
another containing any fish pond or lake, whether natural or arti-
ficial, shall be deemed guilty of a misdemeanor, and on conviction
shall be fined in any sum not less than twenty-five nor more than
one hundred dollars and cost of suit for the first offense, and not
less than fifty nor more than two hundred dollars for the second
■offense, and the same for each subsequent offense as for the second
offense.
§ 8. How enforced — complaint— affidavit.] To enforce the
provisions of this act, all suits brought under the same shall be
.brought in the name of the People of the State of Illinois, and shall
228 FISH.
be brought on the complaint of any person or persons showing by
affidavit that some section of this act has been violated, giving the
names of the person or persons violating if known, and if unknown,
such affidavit shall state by some person or persons whose name or
names are unknown, and such complaint shall be made before any
justice of the peace of the county in which such violation has been
made.
§ 9. Where complaint to be made.] Where such violation is
alleged to have been committed upon that portion of a stream or
water course which may be the dividing line between two counties,
then the complaint may be made to any justice of the peace of either
of such counties.
§ 10. When warrant to issue.] If the justice before whom
such complaint shall be made shall be satisfied that there is reason-
able cause to justify the making of such complaint, he shall issue his
warrant, directed to the sheriff or constable of such county, command-*
ing him forthwith to arrest and bring before him, or in his absence
before some other nearest justice of the peace within such county,
the person or persons alleged to have been guilty of violating any of
the sections of this act.
§ 11. Hearing complaint — judgment — juror.] Whenever any
person or persons shall be brought before any justice of the peace in
the manner i3rovided in this act, it shall be the duty of such justice
to hear and determine the complaint. The person or persons sa
charged may demand a jury at any time before the commencement of
the trial, and the case shall be tried as cases before justices in civil
cases, and judgment shall be for conviction or acquittal of the defend-
ant or defendants in the case. In case a jury is called, the form of
the verdict shall be, if for conviction: "We, the jury, find the de-
fendant guilty, and assess the fine at dollars;" and if
for acquittal: "We, the jury, find the defendant not guilty." The
justice shall pronounce judgment in accordance with the verdict.
§ 12. Penalty — collection and distribution of.] Whenever
any judgment of conviction shall be rendered against any defendant
or defendants as above provided, execution shall issue forthwith on
such judgment, and the sheriff or constable to whom the same shall
be directed shall pay one-half of all penalties collected on such exe-
cution in payment of such judgment to the person or persons who
shall have made the complaint, and the remaining one-half to the
suj)erintendent of schools of the county wherein such trial shall be
had.
§ 13. When execution RETURNS NO property — arrest.] When-
ever any execution, issued as above provided, shall be returned "no
property found," the justice issuing the same, or in case of his death
or absence, any other justice having possession of the docket in
which said judgment was entered, shall issue his warrant to the
sheriff or any constable of such county commanding him to take and
deliver the defendant or defendants in the execution to the jailor of
such county, who shall receive such defendant or defendants into his
FLAGS.
229
•custody and commit him to the county jail of such county, or work-
house of sucli county, whenever one exists, for a period of not less
than ten nor more than sixty days, as the justice shall decide and
direct in his warrant; but such defendant or defendants so arrested
or committed shall be discharged at any time on payment of such
fine and costs.
§ 14. Appeal.] Any defendant or defendants against whom
such judgment of conviction shall be rendered, and in case of ac-
quittal, the party making the complaint, or any person who will give
necessary bond, shall have the right to apx)eal on the same terms as
in civil cases before justices, but no proceedings herein provided for
shall be stayed until such appeal shall be fuU}^ perfected.
§ 15. Penalty.] Any jperson or jjersons violating any of the
provisions of the preceding sections of this act, where no other penalty is
provided, shall be deemed guilty of a misdemeanor, and, upon a con-
viction, shall be fined not less than twenty-five nor more than two
hundred dollars for each offense.
§ 16. Repeal — board of fish commissioners.] All acts and
parts of acts in conflict with this act are hereby repealed; but such
Tepeal shall not disturb the status of the present board of fish com-
.missioners.
Approved June 11, 1897.
FLAGS.
^united states flags to be placed on public buildings and school
houses.
§ 4.
§ 5.
Expense for flag's— how paid.
Penalty for destroyius: any
staff or pole.
§ 6. Acts of 1895 repealed.
§ 1. On court houses, on every legal holi-
day and such other days as the
board of supervisors or board of
county commissioners may direct.
? 2. On penal, reformatory, State educa-
tional and State charitable institu-
tions,on eve; y legal holiday and such
other days as the commissioners or
trustees may determine,
§ 3. On every school house or upon a flag
staff erected within the school
grounds, to be floated during' school
hours.
An Act to ]^7-ovide for placing United States national flags on school
houses, court houses and otlier public buildings in this State, and
to repecd certain acts therein named.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That it shall be the duty of
the board of supervisors in counties under township organization,
and the board of commissioners in counties not under township or-
.ganization, to provide United States national jflags of not less than
230 FLAGS.
four by eight feet in size, to be unfurled and kept floating from a
suitable flag staff to be placed on the top of the court house in their
respective counties, and it is hereby made the duty of the sheriff of
each and every county in the State to see that the flag so provided
shall be hoisted on its flag staff above the court house and kept float-
ing from 8 o'clock a. m. to 5 o'clock p. m. on each and every legal
holiday of the year and on such other days as the board of super- '
visors or the board of county commissioners may direct.
§ 2. The commissioners or trustees of all penal and reformatory,.
State educational and State charitable institutions of this State shall
provide United States national flags of not less than ten by twenty
feet in size and cause the same to be unfurled and kept floating
above the said jDenal and reformatory, State educational and State
charitable institutions, or on a suitable flagjDole, from 8 o'clock a. m.
to 5 o'clock p. m. on each and every legal holiday in the year and on,
such other days as the commissioners or trustees may determine.
§ 8. The directors or board of education of every school district
in the State of Illinois shall have power to cause to be erected and
to keep in repair upon all public school houses, or within the school
grounds surrounding such public school buildings which may be in
their respective school districts, a good and sufficient flag staff or
pole, together with all necessary adjustments, and that they shall
provide a United States national flag of not less than four bj^ eight
feet in size, which shall be floated from such flag staff or pole dur-
ing the school hours of such days as the directors or board of educa-
tion may determine: ProvideiU that the flag shall not be hoisted on'
any court house, State institution or public school building during
any day when a violent storm or inclement weather would destroy
or materially injure such flag.
§ 4. The flags used by any and all State institutions, as provided!
for in this act, shall be paid for out of the funds appropriated for-
the running expenses of said institutions the same as other neces-
sary supplies are bought and paid for, and the flags for use over-
court houses and public school buildings are hereby declared to be-
necessary sup^Dlies, and may be paid for out of the public funds of the
respective counties or school districts.
§ 5. Any x^erson or persons who shall wilfully injure, deface or
destroy any flag, flag staff or pole, or adjustments attached thereto,
erected and arranged for the purpose of carrying out the require-
ments of this act. shall be deemed guilty of a misdemeanor, and,
upon conviction, shall be fined not less than one (1) dollar nor more
than fifteen (15) dollars.
§ 6. That an act entitled "An act to provide for placing the
United States national flags on ssliool houses, court houses and.
other buildings in the State," became a law June 2(3, 1895, in force'
July 1, 1895, and an act. entitled "An act to require the United:
States flag to be placed upon all public buildings in Illinois, or upon;
GAENISHMENT. 231
a flag pole erected within the school grounds surrounding such
school buildings," became a law June 26, 1895, in force July 1, 1895,
be and the same are hereby repealed.
Approved June 2. 1897.
GAENISHMENT.
§ 1. Amends section 14 of the Act of 1872, as amended toy the Act of 1879, by providing that the
wages of defendant, who is head of family, to the amount of S8 per week shall be ex-
empt.
An Act to amend section 14 of an act entitled "An act in regard to
garnishment^'' approved March 9, 1872, in force Jidy 1, 1872, as
amended hy the act of May 31, 1879, in force July 1, 1879.
Section 1. Be it enacted by tlie People of the State of Illinois,
represented in tlie General Assembly: That section 11 of an act
entitled "An act in regard to garnishment," approved March 9, 1872,
in force July 1, 1872, as amended by the act of May 31, 1879, in force
July 1, 1879, be and the same is hereby amended to read as follows:
Section 11 The wages for services of a defendant, who is the head
of a family and residing with the same, to the amount of eight (8)
dollars per week shall be exempt from garnishment. All above the
sum of eight (8) dollars per week shall be liable to garnishment:
Py^ovided, the person bringing suit shall first make a demand in writ-
ing for the excess above the amount herein exempted. No cost or
expenses shall be chargeable to the defendant unless he shall refuse
to turn over to the creditor the amount due him above that herein
exempted upon such written demand.
Approved June 11, 1897.
ADMINISTEATOES AND EXECUTORS.
\ 1. Lawful to summon administrators and executors as garnishees.
An Act in relcdion to the garnishment of administrcdors and execu-
tors.
Section 1, Be it enacted by the People of the Stcde of Illinois,
represented in the General Assembly : That hereafter it shall be law-
ful to summon administrators and executors as garnishees, and they
may be garnished with respect to any moneys, goods, chattels, lands,
tenements or other estates belonging to any devisee or legatee under
any will, or belonging to any heir or distributee of any estate; but
no final judgment shall be rendered against such administrator or
executor until after an order of distribution has been made by the
county court out of which his letters testamentary or of administra-
tion issued.
232 GENERAL ASSEMBLY.
No assignment, transfer or other dis^DOsition by an heir, legatee
or devisee, of his distributive siiare, legacy or devise in the hands of
any administrator or executor shall operate to defeat the garnishment
of the same unless the said assignment, transfer or other disposition
is reduced to writing and filed in the office of the clerk of the county
court out of which such letters testamentary or of administration
were issued before the service of process of garnishment upon such
administrator or executor.
Approved June 11, 1897.
GENERAL ASSEMBLY.
POLICEMEN AND JANITORS.
§ 1. Provides for the number of extra policemen and janitors to be employed by the Secre-
tary of State.
An Act to regulate the numher of extra policemen and janitors to
he employed by the Secretary of State during the sessions of tJie
Genercd Assembly.
Section 1. Be it enacted by the People of tlie State of Illinois,
represented in tlie Genercd Assembly : That during the sessioiis of
the General Assembly the Secretary of State is authorized to employ
such number of extra policemen and janitors as may be necessary;
the total number of said policemen and janitors not to exceed fifty-
one; and that he be authorized to pay the said policemen and
janitors a sum not to exceed two dollars per diem for time actually
employed.
Approved June 10, 1897.
HORSESHOEING. 233
HORSESHOEING.
? 1. Unlawfiil to practice as a horseshoer
without a license.
? 2. Board, of examiners.
'i 3. Officers of board.
§ 4. Names to-be registered with board.
§ 5. Examination.
i 6. Qualifications.
i 7. License— how obtained.
I 8. Secretary of board to issue license.
PRACTICE OF HOESESHOERS.
9. Prosecutions.
§ 10. License fee.
§ 11. Superintendent or foreman.
§ 12. Apprenticeship.
^ 13. Persons having served the apprentice-
ship of four years to appear before
board of examiners for examination.
§ 14. Duty of secretary.
§ 15. To what towns and cities act applies.
An Act to insure the better education of practitioners of horseshoe-
ing and to regulate the practice of horseshoers in the State of
IlXinois.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That it shall be unlawful for
any person to practice as a horseshoer in this State unless such per-
;Son shall have received a license to do so as hereinafter provided.
§ 2. A board of examiners, to consist of four practicing horse-
shoers and a veterinary surgeon, is hereby created, whose duty it
shall be to carry out the provisions of this act, two of said horse-
:shoers to be inaster horseshoers and two of them to be journejaiien
horseshoers, and a veterinary surgeon not to be engaged in the prac-
tice of horseshoeing during his term of service on said board, and in
case that either of said journeymen horseshoers shall become a master
horseshoer, or either of said master horseshoers shall become a
journeyman horseshoer, during his term of office as herein provided,
then he shall forfeit his membership on said board and his place
shall be immediately filled in the manner provided for in the orig-
inal axDijointment of said board. The members of said board shall
be appointed by the Governor. The term for which the members of
said board shall hold their office shall be five years, except that the
members of said board first appointed hereunder shall hold their
office for the term of one, two, three, four and five years, respectively,
and until their successors shall be dulj^ appointed. In case of vacancy
occurring on said board, such vacancy shall be filled by the Governor.
§ 3. Said board shall choose one of its members for president,
one for secretary and one for treasurer thereof, and it shall meet at
least once in each year and as much oftener, and at such times and
places, as it may deem necessary. A majority of said board shall
constitute a quorum, and the proceedings thereof shall be at all
times open to public inspection.
§ 4. It shall be the duty of every person who is engaged as a
horseshoer in. this .State to cause his or her name and residence to
be registered with said board of examiners within six months after
234 HORSESHOEING.
the date of the passage of this act, and said board of examiners
shall keep a book for that purpose, and it shall be the duty of said
board to know that the persons so registering are horseshoers, and
every person -who shall so register with said board as a horseshoer
may continue to practice the same as such without incurring any of
the penalties provided for in this act.
§ 5. No person whose name is not registered on the books of said
board as a horseshoer within the time prescribed in the preceding^
section shall be permitted to practice as a horseshoer in this State
until such person shall have been duly examined by said board and
regularly licensed in accordance with the provisions of this act.
§ 6. The necessary qualification to practice as a horseshoer in
this State shall be that the ap^jlicant has worked four years at the
business of horseshoeing and has complied with section five of this
act.
§ 7. Any and all persons who shall so desire may appear before
said board at any of its regular meetings and be examined with
reference to their knowledge and skill in horseshoeing, and if the
examination of such person or persons shall jjrove satisfactory to^
said board, the said board shall issue to such person or persons a
license to practice in this State as a horseshoer.
§ 8. The secretary of said board shall issue a license on the recom-
mendation of two members of the board to any applicant upon the
presentation by such applicant of the evidence of the necessary
qualifications to practice as a horseshoer, and said board may iDro-
vide such method of examination as it maj^ deem wise, and such tem-
porary license shall remain in force until the next regular meeting
of said board occurring after the date of such temporary license, and
no longer.
§ 9. Any person who shall violate the provisions of this act shall
be liable to prosecution before any court of competent jurisdiction,
and, upon conviction, may be fined not less than $25.00 nor more
than $200.00 for each and every offense. All fines recovered under
this act shall be paid into the common school fund of the county in
which said conviction takes place.
§ 10. In order to carry out the provisions of this act and mainte-
nance of the said board of examiners, the said board of examiners
shall charge each person applying to or apjDearing before them for
license to practice as a horseshoer a fee of $5.00, and for each yearly
renewal thereafter $2.00, and out of the funds coming into the i30s-
session of the said board from the fees so charged the members of
said board shall receive as compensation the sum of $5.00 per diem
for each and every day engaged in the discharge of the duties of
their office, and all necessary expenses incurred by said board,,
and no part of the salary of said board or other expense
shall be paid out of the State treasury. All moneys received
in excess of said per diem allowance and other expenses above
provided for shall be held by the treasurer of said board, he
giving such bond as the board from time to time shall direct, and
shall not be used or expended by him except as ordered by the.
HORSESHOEING. 235
board, and said board shall make an annual report of its XDroceedings
to the Governor by the 15th of December of each and every year,
said report to show the names of all the horseshoers, their places of
business, and the moneys received and disbursed^^by them j)ursuant
to this act.
§ 11. Any person or persons not practical horseshoers desiring to
engage in the business of horseshoeing will be permitted to do so,
providing such person or persons employ as superintendent or fore-
man of their shoeing establishment a practical horseshoer who has
complied with section 7 of this act by presenting himself before the
board of examiners for examination and by proving to the board
that he is entitled to a license to practice in this State as horseshoer.
§ 12. It is required that any person contracting to serve an ap-
prenticeship at horseshoeing shall serve for four years, and in addi-
tion will be required (if convenient) to attend a course of lectures
each year in some institution devoted to the anatomy of the horses'
feet, so that he may obtain for himself a knowledge of the same,
which is acknowledged by all practical horseshoers to be necessary
in order to attain the high standard in horseshoeing which the pas-
sage of this act is intended to insure.
§ 13. All persons who have served the apprenticeship of four
years, as prescribed in this act, shall, at the expiration of their ap-
prenticeship, appear before the board of examiners for examination
as to skill and knowledge of horseshoeing, and if found competent
shall receive a license to jDractice horseshoeing in this State. Any
applicant failing to pass the examination will be granted an exten-
sion of one 5^ear in which to qualify himself, and may appear before
the board at any of its regular meetings for re-examination.
§ 14. It shall be the duty of the secretary of the board of exam-
iners to notify all practicing horseshoers in the State of Illinois of
the provisions of this act within six months after the board shall
have been appointed.
§ 15. This act applies only to towns and cities of 50,000 inhabi-
tants and over, but it shall be optional with all towns and cities of
10,000 or over to come under the larovisions of this act.
Approved June 11, 1897.
:236 HUSBAND AND WIFE.
HUSBAND AND WIFE.
ABANDONMENT OF WIFE AND CHILDREN.
i 1. Amends section .3 of the Act of 1893 by providing that tlie wife shall be a competent
witness.
An Act to amend an act entitled "An act to prevent and punish
abandonment of ivife and children by husband,'" approved June
17, 1893, in force July 1, 1893.
Section 1. Be it enacted, by the People of tJie State of Illinois,
rjpresented in the General Assembly : That section 3 of an act to
prevent and punish abandonment of wife and children by husband,
approved June 17, 1893, in force July 1, 1893, be amended so as to
read as follows:
No other evidence shall be required to prove that such husband
was married to such wife, or that he is the lawful father of such
child or children, than is, or shall be, required to prove said fact or
facts in a civil action.
And such wife shall be a competent witness to testify in any case
brought against such husband under this act and as to any and all
matters relevant thereto, including the fact of such marriage and the
parentage of such children.
Approved June 7. 1897.
ABANDONMENT OF WIFE AND CHILDREN.
2 1. Amends section 3 of the Act of 1893 by providing that the wife shall be a competent
witness.
An Act to amend section three of an act entitled "An act to prevent
and punish ahandonment of wife and cJiildren by husband,'^ ap-
proved June 17, 1893, in force Jidy 1, 1893.
Section 1. Be it enacted by tlie Peop>le of the Stcde of Illinois,
represented in the Genercd Assembly: That section 3 of an act enti-
tled "An act to prevent and punish abandonment of wife and chil-
dren by husband," approved June 17, 1893, in force July 1, 1893, be
amended so as to read as follows:
Section 3. No other evidence shall be required to prove that such
husband was married to such wife, or that he is the lawful father of such
■child or children, than is, or shall be, required to prove said fact or facts
in a civil action, and such wife shall be a competent witness to testify
in any case brought against such husband under this act as to any
and all matters relevant thereto, including the fact of such marriage
and the parentage of such children.
Approved June 7, 1897.
INSURANCE.
237
INSUKANCE.
FRATERNAL BENEFICIARY SOCIETIES.
1. Amends section 10 and 12, Act of 1893,
and adds a new section to be known
as section 7^2.
7^2. Change of articles of association sub-
mitted to and approved by the in-
surance superintendent — Filed in
the office of the Secretary of State
— certiiied copy recorded in the
office of the recorder of deeds.
'i 10. Legislative bodies — members not
allowed to cast more than fifteen
votes by proxy.
? 12. Corporations subject to visitation and
inspection by the insui-ance superin-
tendent— Refusal or neglect to make
annual reports — penalties — emer-
gency.
An Act to amend an act entitled ^'■An act to provide for the organization
and management of fraternal heneficiary societies for the ijxirpose of
furnishing life indeninity or x>^cuniary benefits to beneficiaries of de-
ceased ynembers or accident or permanent indemnity disability to mem-
bers thereof^ and. to control such societies of this /State and of other
states doing business in this State, and providing and fixing the punish-
ment for violation of the provisions thereof, and to repeal all laios mno
existing i.ohich conflict herewith,'''' by adding thereto an additional section
hereby designated as section 7^, and amending sections 10 and l^ thereof .
Section 1. Be it enacted by the PeopJe of the State of Illinois,
represented in the General Assembly: That sections 10 and 12 of
an act entitled "An act to provide for the organization and manage-
ment of fraternal beneficiary societies, for the jjurpose of furnishing
life indemnity or pecuniary benefits to beneficiaries of deceased mem-
bers, and accident or permanent indemnity disability to members
thereof, and to control such societies of this State and of other
states doing business in this State, and providing and fixing the
punishment for violation of the provisions tliereof, and to repeal all
laws now existing which conflict therewith," a^^proved June 22, 1893,
in force June 22, 1893, be and the same are hereby amended to read
as follows, and by adding thereto a new section to be described as
section 7^:
§ 1^. Any corporation, association or society organized under the
provisions of this act, amended by this section, may change its
article of association in the manner prescribed by its own rules, but
no such change shall be of legal effect until a certificate setting forth
fully and definitely the changes i^roposed shall have been submitted
to and approved by the insurance superintendent and filed in the
office of the Secretary of State and a certified copy thereof recorded
in the office of the recorder of deeds in the county in which the
original certificate of association was recorded. Every coriDoration,
association or society organized having adopted such change in its
articles of association shall comply with the provisions of this sec-
tion within sixty (60) days.
§ 10. Any such society organized under the laws of this State
may provide for the meeting of its legislative or governing body in
any other state, province or territory wherein such societies shall
238 INSURANCE.
have subordinate bodies, and all business that has heretofore or may
hereafter be transacted at such meetings shall be valid in all respects
as if such meeting was held within this State, and where the laws of
any such society provide for the election of its officers by votes to be
cast in its subordinate bodies, the votes so cast in its subordinate
bodies in any other state, province or territory shall be valid as if
cast within this State: Provided, however, that all meetings held
within this State in any such society organized under this law or
heretofore organized, no member shall be allowed to cast more than
fifteen votes by proxy on any question submitted therein.
§ 12. All corporations to which this act is applicable, with their
books, papers and vouchers, shall be subject to visitation and inspec-
tion by the insurance superintendent, or such person as he may
designate. The insurance superintendent may address any inquiries
to any such corporation in relation to its doings or condition, or any
other matter connected with its transactions relative to the business
contemiDlated hy this act. All officers of such corporation shall
prom^Dtly reply in writing to all such inquiries under the oath of its
president, secretary or other officers, if required.
Any such society refusing or neglecting to make the annualreport, as
provided in this act, shall be excluded from doing business within
this State. Said insurance suxDerintendent must, within sixty days
after failure to make such report, or in case any such society shall
exceed its xDOwers or shall conduct its business fraudulent!}^ or shall
fail to comply with any of the provisions of this act, give notice in
writing to the Attorney General, who shall immediately commence
an action against such society to enjoin the same from carrying on
any business. And any injunction may be granted upon proper
showing in any court of competent jurisdiction in this State. No
society so enjoined shall have authority to continue business until
such report shall be made or overt act or violations comjDlained of
shall have been corrected, nor until the cost of such action be paid
by it: Provided, the court shall find that such society was in default
as charged, [as charged] whereupon the insurance superintendent
shall reinstate such society, and not until then shall such society be
allowed to again do business in this State. Any officer, agent or
person acting for any society or subordinate body thereof within this
State while such society shall be so enjoined or prohibited from doing
business pursuant to this act shall be deemed guilty of a misdemeanor,
and on conviction thereof shall be punished by a fine of not less than
$25 nor more than $500, or by imprisonment in the county jail for
not less than thirty days nor more than one year, or by both fine and
imprisonment in the discretion of the court.
Whereas, An emergency exists, therefore this act shall take effect
and be in force from and after its passage.
Approved May 27, 1897.
INSURANCE, FIRE. 239
INSURANCE, FIRE.
COUNTY COMPANIES.
\ 1. Amends section 11 of the Act of 1877, as amended by the Act of 1887.
An Act io amend section eleven of an ad entitled ''An act to organ-
ize and regulate connfi) fire insurance companies,'' aiyproved June
2, 1877, in force Jidy 1, 1877, as cunended by an act appi'oved
June 6, 1887, infoi'ce Jidij 1, 1887.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented in the General Assembly: That section eleven (11) of
an act entitled "An act to organize and regulate county fire insurance
companies," api)roved June 2, 1877, in force July 1, 1877, as amended
by an act approved June 6, 1887, in force July 1, 1887, be and the
same is hereby amended to read as follows:
Section 11. Every member of such company who maj^ sustain loss
or damage by fire or lightning shall immediately notify the president
of such company, or in his absence the secretary thereof, stating the
amount of damage or loss claimed, and if not more than five hundred
dollars ($500) , then the president and secretary shall proceed to as-
certain the amount of such loss or damage and adjust the same. If
the claim for damage or loss shall be an amount greater than five hun-
dred dollars ($500) , then the president of such company, or in case
of his absence the secretary thereof, shall forthwith appoint a com-
mittee of not less than three disinterested members of such company
to ascertain the amount of such damage or loss, and the committee
thus appointed shall report the amount of such damage or loss to the
directprs of such company, who shall be convened by the president,
or in his absence by the secretary thereof, and the directors shall ap-
prove or reject the report of such committee. If, in either case, there
is a failure of the parties to agree upon the amount of such damage
or loss, or the directors reject the report of the committee, the claim-
■ ant may appeal to the judge of the county court of the county in
which the office of such company is located, whose dut}" it shall be to
appoint three disinterested persons as a committee of reference, who
shall have full authority to examine witnesses and determine all mat-
ters in dispute, and shall make their award in writing to the presi-
dent of such company, and such award shall be final. The pay of
said committee shall be two dollars ($2.00) per day for each day's
service so rendered and four cents for each mile necessarily traversed
in the discharge of their duties, which shall be i3aid 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 iDaid by the company.
Approved June 9, 1897.
240 , INSURANCE, FIRE.
FIRE, MARINE AND INLAND NAVIGATION COMPANIES.
I 1. Amends section 26 of the Act of 186'J.
An Act to amend section 26 of an act entitled "An act to incorporate
and govern fire, marine and inland navigcdion insurance com-
'panies doing business in tlie Stcde of Illinois,'' approved March
11, 1869, in force July 1, 1869.
Section 1. Be it enacted hy tlie People of the State of Illinois,
represented in tlie Genercd Assembly : That an act to amend section
26 [of an act to amend section 26] of an act entitled "An act to in-
corporate and govern fire, marine and inland navigation insurance'
companies doing business in the State of Illinois," approved March
11, 1869, in force July 1, 1869, be and the same is hereby amended to
read as follows:
Section 26. Companies other than those organized under the laws
of this State which may have received certificates of authority for
the year 1869, prior to passage of this act, shall be permitted to con-
tinue to transact the t3usiness of insurance without further state-
ment until the thirty-first day of January, 1870.
Lien on stock.] Any fire or fire and marine insurance company
chartered by this State may have a lien, by passing a by-law to that
effect, upon the stock or certificate of profits owned by any member
for any debts hereafter to become due the said company for premi-
ums, by stating that the said stock is subject to any such lien upon
the certificates of stock or profits, and such lien may be waived, in
writing, by the consent of the president of said comj)any upon the
transfer of any such stock.
Stock impaired — reduction of stock.] Whenever it shall appear
to the insurance superintendent of public accounts, from an examin-
ation made by him in the manner prescribed by law, that the capital
stock of any joint stock company, organized j)ursuant to law, is im-
paired to an am.ount exceeding twenty-five per cent, of such capital,
and he shall be of the opinion that the interest of the public will not
be prejudiced by jDermitting such company to continue business with
a reduced capital, it shall be lawful for such company, with the x^er-
mission of the said insurance superintendent, to reduce its capital
stock and the par value of the shares thereof, to such amount as the
said insurance superintendent may, under his hand and official seal
certify to be proper, and he, as shall in his opinion, be justified by
the assets and property of such company: Provided, that no
part of such assets and property sJiall l)e distributed to the stock-
holders: And, provided fu.rtl(er, that the capital stock of any such
company shall not be reduced to an amount less than the sum now
required by law for the organization of a new company under the
general insurance laws for the transaction of business at the place
where such company is located, and of the kind which such compan}^
is authorized to transact. No reduction of the capital of any such
INSURANCE, FIRE. 24l
company shall be made except upon a resolution of its board of direc-
tors, approved by at least two-thirds of the directors, and certified
under its corporate seal, signed by the loresident and at least two-
thirds of the directors, and proved or acknowledged in the manner re-
quired by law for the proof or acknowledgment of conve5'ances, which
certificate shall be filed in the ojffice of said insurance superintendent
before any action shall be had by him thereon. The insurance super-
intendent of public accounts, in case he shall permit any such com-
pany to reduce its capital in the manner provided in this act, shall
execute the certificate required by this act in duplicate and deliver
one of such certificates to the ofiicers of such comx^any, who shall
forthwith file the same with the clerk of the county in which such
company is located, and the other such certificate shall be filed in the
office of said insurance superintendent. Such company, upon filing
the certificate with the county clerk as required by this act, shall,
with such reduced capital, possess the same rights and be subject to
the same liabilities that it possessed or was subject to at the time of
the reduction of its cajpital; and the charter of such company shall be
deemed to be amended in respect to the amount of capital and the
par value of the shares so as to conform to such reduction. It shall
l3e lawful for the said company to require the return of the original
certificate of stock held by each stockholder, and, in lieu thereof, to
issue new certificates for such number of shares as each stockholder
may be entitled to in the proportion that the reduced capital maybe
found to bear to the original capital of the company. It shall be law-
ful for any such company, after its cax3ital shall be so reduced as
aforesaid, to increase its capital stock in the mode prescribed by this
law.
Eeceiyers, etc., to make statements.] It shall be the duty of
all receivers and trustees of insurance companies, during the month of
January in each year, and at any other time when required by the in-
surance superintendent, to make and file annual and other statements
of their assets and liabilities, and of their income and expenditures,
in the same manner and form and under the same penalties as the
officers of such companies are now required by law to make annual
and other statements to the suiDerintendent's office.
Publication of annual statements.] And the said superintend-
ent shall also cause its annual statements, required to be filed by tliis
act, to be published in two newspapers of general circulation, the one
printed in the city of Chicago and the other printed in the city of:
Springfield, not less than fifteen days.
Approved June 10, 1897.
-16
242 INTEREST ON PUBLIC FUNDS — JUDGES.
INTEREST ON PUBLIC FUNDS.
EEPEAL OF ACT EEQUIRING CUSTODIANS TO ACCOUNT FOR.
? 1. Repeals Act of 1893.
An Act to repeal an act, approved June 16, 1893, in force July 1,
1893.
Section I. Be it enacted hy the People of the State af Illinois,
rep)resented in the General Assembly : That an act entitled "An act
to compel State, count)^, city, township, school and park treasurers
and other custodians of public funds to account for interest on such
funds under their control;" approved June 16, 1893, and in force
July 1, 1893, be and the same is hereby rej)ealed.
Approved May 27, 1897.
JUDGES.
county and probate.
I 1. Unlawful for county or probate judge I I 2. Penalty,
to act as attorney or solicitor. '
An Act in relation to county and probate judges.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That it shall be unlawful
for any judge of any county or ^orobate court in this State to act
as attorney or solicitor for or against any widow or heirs or other
person or persons interested in the estate of any deceased person, in
respect to the estate real or personal of such deceased person, when
administration on the estate of such deceased person is pending in
said court and final settlement thereof has not been made.
§ 2. That any county or probate judge who shall violate the pro-
visions of this act shall be fined not less than fift)'^ dollars nor more
than one thousand dollars, and u^Don conviction for the second offence
shall be removed from his oj9&ce.
Approved June 3, 1897.
JURY COMMISSIONERS.
243
JURY COMMISSIONERS.
APPOINTMENT.
? 4. Selection of grand and petit jui-ors.
§ 5. Grand jury; names checked off.
§ 6. Compensation of commissioners, depu-
ties, clerks; number of assistants.
g 1. Amends Act of 1887.
? 1. Judges of the several courts of record
to appoint jury commissioners — Term
of office.
§ 2. Board shall prepare a list of jurors.
I 3. Rooms — Clerks— Deputy commission-
ers.
An Act to amend an act entitled "An act to autliorize judges of
courts of record to appoint jury commissioners and prescribing
their powers and duties.^'
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented in the General Assembly: That an act entitled "An
act to authorize judges of courts of record to appoint jury commis-
sioners and prescribing their powers and duties," approved June 15,
1887, be amended so as to read as follows:
§ 1. In every county of this State now containing, or which may
hereafter contain, more than one hundred thousand (100,000) inhab-
itants, the judges of the several courts of record of such county, or a
majority of them, shall choose three (3) competent and discreet
electors, who shall not be by law exempt or disqualified from serving
as jurors, and who shall not be so chosen on account of party affilia-
tion, who shall be known as jury commissioners. Such commission-
ers shall, in counties now containing the required number of inhabi-
tants, be so chosen on the first Monday of July, 1897, and in counties
hereafter containing the required number of inhabitants such com-
missioners shall be so chosen on the first Monday of July after it shall
have been determined by the last preceding national census that the
inhabitants of such county are of the number required. Of the first
three so chosen one shall hold his office for one year, one for two
years, and one for three years, to be determined by lot, and every
year thereafter one such officer shall be chosen for the term of three
years. Each of such commissioners, before entering upon the duties
of his ojffice, shall take and subscribe to an oath of office before one
of sucli judges and shall execute a bond to the People of the State of
Illinois in such sum and with such sureties as shall be required by
such judge and be by him approved, conditioned for the faithful
discharge of his duties as such commissioner during his term of
office. The majority of the judges of such county may remove either
of such commissioners, assigning reasons therefor, and fill all vacan-
cies occurring in the office of any such commissioner by death, resig-
nation or removal.
§ 2. The said commissioners, upon entering upon the duties of
their office, and every four years thereafter, shall prepare a list of all
electors between the ages of twenty-one and sixty years, possessing
244 JURY COMMISSIONERS.
the necessary legal qualifications for jury duty, to be known as the
jury list. The list may be revised and amended annually, in the
discretion of the commissioners. The name of each person on said
list shall be entered in a book or books to be kept for that purpose,
and ox)posite said name shall be entered the age of said person, his
occupation, if any, his place of residence, giving street and number,
if any, whether or not he is a householder residing with his family,
and whether or not he is a freeholder.
§ 3. The said commissioners are empowered to i^rovide a suitable
room or rooms in which to transact their business, and to incur all
other necessary expenses, which shall be paid by warrants drawn as
provided in section G of this act, and with the approval of said judges,
or a majority thereof, to appoint a clerk and the requisite number of
assistants. The clerk, if there be one, shall be on duty at the room
or rooms of said commissioners each day during the session of court;
if there be no clerk, then one at least of said commissioners shall,
in like manner, be [jresent, if so ordered by the court. The said
commissioner shall have power, with the approval of the said judges
or a majority thereof, to appoint a comi^etent elector in each or any
voting precinct or district, who shall be known as deputy jury com-
missioner, and whose duty it shall be to furnish said jury com-
missioners from time to time, as required, a list of the qualified
electors residing in said voting precinct or district and such other
information as may be required by said jury commissioners. The
said jury commissioners shall also have power to summon electors to
appear before them and to examine them touching their qualifica-
tions for jury service; and each of said commissioners, and their clerk
and assistants provided for in this act, are hereby empowered to ad-
minister all oaths or affirmations required in the discharge of their
official duties. Any circuit court of this State, in any county where
this law is in force, or any judge thereof, either in term time or va-
cation, upon application of any such jury commissioners may, in the
discretion of the court, compel the attendance of electors and the
giving of testimony before the said jury commissioners by attach-
ment for contempt or otherwise, in the same manner as the produc-
tion of evidence may be compelled before said court. Every person
who, having taken an oath or made affirmation as herein provided,
shall swear or affirm wilfully, corruptly and falsely, shall be guilty
of perjury, and ujjon conviction shall be punished accordingly.
§ 4. The said jury commissioners shall from time to time select
from said jury list the requisite number of names, which shall each
be written on a separate ticket, with the age, place of residence and
occupation of each, if known, the whole to be put into a l)ox to be kept
for that purpose and to be known as the jury box. In like manner
they shall select the necessary number of names from said jury list,
which names shall each be written on a separate ticket, with the age,
place of residence and occupation of each, if known, and put the
whole into another box to be kei^t for that purpose and known as the
grand jury box. The jurors so selected shall, as near as may be, be
residents of different jparts of the county, and of different occupa-
tions; and one or more of the judges of said court shall certify to the
JURY COMMISSIONEES. 245
clerk of the court the number of jurors required at each term. The
said clerk shall then repair to the office of the jur}^ commissioners,
and, in the presence of at least two of said commissioners, and also in
the'presence of the clerk of said commissioners, if there be one, proceed
to draw at random from said jury box, after the same shall have been
well shaken, the necessary number of names, and shall certify the
same to the sheriff, to be by him summoned according to law. If
more jurors are needed during said term the court shall so certify,
and they shall be drawn and summoned as above provided, forthwith:
Provided, that it shall be the duty of said jury commissioners to
have and maintain at all time in said jury box not less than fifteen
thousand (15,000) names, and in said grand jury box not less than
one thousand (1,000) names.
§ 5. Whenever a grand jury shall be required by law or by order
of the court, it shall he drawn from the grand jury box and sum-
moned in like manner as provided in the last section. At the end of
each term of court the said jury commissioners shall ascertain the
names of all j)ersons who have served and all who have been excused
as jurors during said term, and the names of such as have served
shall be then checked off from the said jury list and shall not again
be placed in either jury box until all others on said list shall have
served or have been found to be disqualified or exempt, and the
names of all who have been excused and who possess the qualifica-
tions for jury service shall be again placed in the jury box.
§ 6. The said jury commissioners, deputy jury commissioners
clerk and assistants shall be paid for their services by the county
treasurer of the several counties such compensation as shall be fixed
by the county board, upon warrants drawn by the clerk of the county
board. The said jury commissioners shall be allowed a reasonable
sum every year for stationery and office expenses other than salaries,
which shall be paid in like manner: Provided, howevei', that the
compensation of any such commissioner shall not exceed fifteen hun-
dred dollars per annum, and that the compensation of any such
clerk shall not exceed two thousand dollars per annum, and of any
assistant or assistants shall not exceed twelve hundred dollars j)er
annum, and that the compensation of deputy jury commissioner
shall not exceed the sum of three cents in any one year for full in-
formation about each elector: And, provided further, that the said
judges, or a majority of them, shall prescribe the number of assist-
ants to be employed b}- said jury commissioners.
Approved June 9, 1897.
246 JUSTICES AND CONSTABLES.
JUSTICES AND CONSTABLES.
OF JUSTICES OF THE PEACE AND CONSTABLES.
Article I. Election and term of office. 2 2. Emergency.
1 1. Amends section 1 of article I of the Act
of 1895.
An Act to amend section one (1) of article one (I) of an act entitled
"An act to revise the laiv in relation to justices of the peace and
constables,'''' approved Ju7ie 26, 1895, in force July 1, 1895.
Section 1. Be it enacted hy the People of the State of Illinois,
represenied in the General Assembly: That section one (1) of
article one (I) of an act entitled "An act in relation to justices of
the peace and constables," approved June 26, 1895, in force July 1,
1895, be and the same is hereby amended to read as follows:
Article I.
election and term of office.
Justices and constables.] Section 1. That on the first Tues-
in April, A. D. one thousand eight hundred and ninety-seven, and
at each quadrennial election for town officers thereafter, there shall
be elected in each town in counties under township organization
(except as to justices of the peace in the city of Chicago, in Cook
county) , and on Tuesday next after the first Monday in November,
A. D. one thousand eight hundred and ninety-seven, and on the same
day quadrennially thereafter, there shall be elected in each election
precinct in counties not under township organization, two justices
of the peace and two constables, and one justice of the peace and
one constable for every one thousand inhabitants exceeding two
thousand inhabitants of such town or precinct: Proinded, no more
than five justices of the peace and five constables shall be elected in
any town or precinct, and that in towns containing any portion of
the city of Chicago there shall be elected in addition to said five
constables one additional constable for each additional ten thousand
inhabitants of such towns exceeding ten thousand inhabitants, and
no more.
The term of office of justices of the peace and constables shall be
four years and until their successors are elected and qualified. In
counties under township organization their terms shall commence on
the first Monday in May, and in counties not under township organi-
zation on the first Monday of December after their election. No
justice of the peace shall hold the office of police magistrate.
§ 2. Whereas, An emergency exists, this act shall be in force
from and after its passage.
Approved March 19, 1897.
LANDLORD AND TENANT. 247
.LANDLORD AND TENANT.
i 1. Provides that the executors or administrators may recover from their under tenant.
An Act in 7-elation to landlord and tenant.
Be it enacted hy the Peoj^le of the State of Illinois, repre-
sented in the General Assembly: When a tenant for life' "shall
demise any lands and shall die on or after the day when any rent be-
comes due and payable, his executors or administrators may recover
from the under-tenant the whole rent due, but if any such tenant for
life shall die before the day when any rent is to become due, his ex-
ecutors or administrators may recover the proportion of rent which
accrued before his death, and the remainder-man shall recover for the
residue.
Appeoved June 11, 1897.
LIBRARIES.
ESTABLISHMENT OF LIBRARY BY CITY.
I 1. Amends section 1 of the amended Act of 1872 by providing that the tax levied after
the year 1896 shall not exceed one mill on the dollar annually.
An Act to amend section one of "An act to aiitliorize cities, incor-
porated toLvns and townsliips to establish and maintain free public
libraries and reading rooms," approved and in force March 7,
1872, as amended by an act approved June 17, 1887, and as
amended by an act approved May 25, 1889, and as amended by
an act approved Marcli 26, 1891, and as amended by an act ap-
proved June 15, 1895.
Be it enacted by the People of the State of Illinois, repre-
sented in the General Assembly: That section one of '"'An
act to authorize cities, incorxjorated towns and townships to es-
tablish 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, and as amended by an act approved May 25, 1889, and
as amended by an act approved March 26, 1891, and as amended by
an act approved June 15, 1895, be and the same is hereby amended
so as to read as follows:
§ 1. That the city council of each incorporated city, whether
organized under general law or special charter, shall 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: Provided, that in cities of over one hundred
thousand inhabitants, after the year 1896, such tax shall not exceed
213
LICENSE.
one mill on the dollar annually, sucli tax to be levied and collected
in like manner with the general taxes of said city, and to be known
as the library fand: Provided, that the said annual library tax in
cities of over three thousand inhabitants shall not be included in the
aggregate amount of taxes as limited by section one (1) of article
eight (8) of "An act for the incorporation of cities and villages,"
approved April 10, 1872, and the amendatory acts thereto, or by any
provision of any s^Decial charter under which any city in this State
is now organized.
Approved June 10, 1897.
LICENSE.
SHANTY BOATS AND OTHER WATER CRAFTS.
§2.
Person occupying: shanty boats or other
water craft to obtain a license from
the county clerk.
License to describe the kind or charac-
ter of boat or water craft.
I 3. Clerk granting- license to keep record.
I i. Fines.
An Act to license shanty boats and other loater craft, fixing the fees
therefor and providing j)enalties.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That it shall be and is here-
by made unlawful for any person to occupy any boat or other water
crbft upon the Ohio, Mississippi, Wabash, Illinois or other navigable
river, lake or other water course, within this State, as a residence, or
for the jpurpose of engaging in any business, trade or traffic, for any
purpose whatsoever, without first obtaining from the clerk of the
county court of the county in which such boat or water craft is to lie
or ply, and such business, trade, traffic or residence is to be carried
on, a license so to do for each head of family for himself and his
family, which license shall be granted only upon satisfactory proof
of the character of the applicant and the payment of a license fee of
five dollars and the clerk's fee for making out such license: Provided,
that this act shall not apply to any steam vessels or boats used ex-
clusively for ferry purposes. Said license shall be good for one yea.T
from the date thereof. Any person violating any of the provisions
of this act shall be deemed guilty of a misdemeanor and shall, upon
conviction, be fined not less than twenty-five dollars nor more than
one hundred dollars, or be imprisoned in the county jail not less
than five nor more than twenty days, for each offense, or both so fined
and imprisoned at the discretion of the court or jury.
§ 2. The license provided for in the first section of this act shall
describe the kind or character of the boat or water craft, the nature
of the business, trade, traffic or residence to be carried thereon and
LUNATICS. 249
the points at which or between said boat or craft may lie or ply, and
such license shall be jjosted in a conspicuous place in or on such
boat.
§ 3. The clerk granting such license shall keep a record thereof
showing the name of the licensee, the date of the license and when
the same shall exi3ire, and the business, trade, traffic or residence au-
thorized, and for issuing such license he shall charge a fee of one
dollar.
§ 4. All fines collected under this act shall be turned into the
common school fund of the county in which such fines are collected.
Approved June 10, 1897.
LUNATICS.
COMMITMENT AND DETENTION.
? 1. Amends section 12 of the Act of 1893.
An Act io amend section twelve of an act entitled "An act to revise
the laio in relcdion to the commitment and detention of luncdics,
and to provide for the appointment and removed of conservators,
and to repecd certain acts therein named,'''' approved June 21,
1898, in force July 1, 1893.
Section 1. Be it enacted hy the People of the Stcde of Illinois,
represented in the General Assembly: That section twelve of an act
entitled "An act to revise the law in relation to the commitment and
detention of lunatics, and to provide for the appointment and re-
moval of conservators, and to repeal certain acts therein named,"
approved June 21, 1893, in force July 1, 1893, be and the same is
hereby so amended as to read as follows, to-wit:
Section 12. If any person alleged to be insane, whose mental con-
dition shall be sought to be determined under the provisions of this
act, shall be possessed of any estate, real or personal, it shall be law-
ful for the persons filing an application for an inquest in lunacy in
his case to make at the same time application for the appointment
of a conservator of such alleged lunatic, and it shall be lawful for
the court, if the said alleged lunatic shall be adjudged to be insane,
to make an appointment of a conservator upon the same judgment,
and to exercise in respect thereto all the power contained in an act
entitled "An act to revise the law in relation to lunatics, idiots,
drunkards and spendthrifts," approved March 26, 1874, in force July
1, 1874, and such conservator shall perform the duties and incur the
liabilities imposed by such act upon conservators appointed there-
under: Provided, that in any county wherein a probate court has
been or may hereafter be established, upon the filing in such court
of the proper petition, together with a duly certified copy of the
record of the verdict of the jury or the report of the commission of
physicians and the judgment of the county court thereon finding
250 MACHINERY.
such person insane, such probate court may in its discretion, with-
out further inquest by jury or commission of physicians, appoint
such conservator.
And every note, bill, bond or other contract by any person ad-
judged to be insane under the provisions of this act, made after such
person had been adjudged insane under this act, shall be void as
against the said lunatic and his estate; but the XDcrson making any
contract with such lunatic shall be bound thereby.
Approved June 10, 1897.
MACHINERY.
USE OF BLOWERS UPON METAL POLISHING MACHINERY.^
§ 4. Velocity of air.
§ 1. Emery wheels or emery belts to be pro-
vided with blowers.
§ 2. When to be fitted with a sheet of cast
iron hood or hopper.
§ 3. Suction pipe.
§ 5. Duty of factory inspector, sheriff, con-
stable or prosecutingr attorney.
? 6. Penalty.
An Act to compel flie using of hloivers uj)07i metal polishing ma-
chinery.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly: That all persons, companies
or corporations operating any factory or workshop where emery
wheels or emery belts of any description are used, either solid emery,
leather, leather covered, felt, canvas, linen, paper, cotton, or wheels
or belts rolled or coated with emery or corundum, or cotton wheels
used as buffs, shall provide the same with blowers, or similar appa-
ratus, which shall be placed over, beside or under such wheels or belts
in such a manner as to protect the person or persons using the same
from the particles of the dust produced and caused thereby, and to carry
away the dust arising from or thrown off by such wheels or belts
while in operation* directly to the outside of the building or to some
receptacle placed so as to receive and confine such dust: Provided^.
that grinding machines upon which water is used at the point of the
grinding contact shall be exempt from the provisions of this act, and^
Provided, this act shall not apply to small shops employing not more
than one man in such work.
§ 2. It shall be the duty of any person, company or corporation
operating any such factory or workshop to provide or construct such
api^liances, apparatus, machinery or other things necessary to carry
out the purpose of this act, as set forth in the preceding section, as
follows: Each and every such wheel shall be ntted with a sheet of
cast iron hood or hoj^per of such form and so applied to such wheel
or wheels that the dust or refuse therefrom will fall from such wheels,
MACHINERY. 251
or will be thrown into such hood or hopper by centrifugal force and
be carried off by the current of air into a suction pipe attached to
same hood or hopper.
§ 3. Each and every such wheel six inches or less in diameter
shall be provided with a three-inch suction pipe; wheels six inches
to twenty-four inches in diameter with four-inch [such] suction pipe;
wheels from twenty-four inches to thirty-six inches in diameter with
five-inch suction pipe; and all wheels larger in diameter than those
stated above shall be provided each with a suction pipe not less than
six inches in diameter. The suction pipe from each wheel, so specified,
must be full size to the main trunk suction pipe, and the main suc-
tion pipe to which smaller pipes are attached shall, in its diameter
and capacity, be equal to the combined area of such smaller pipes
attached to the same, and the discharge pipe from the exhaust fan,
connected with such suction pipe or pipes, shall be as large or larger
than the suction pipe.
§ 4. It shall be the duty of any person, company or corporation
operating any such factory or workshop to provide the necessary fans
or blowers to be connected with such pi^je or pipes, as above set
forth, which shall be run at a rate of speed as will produce a velocity
of air in such suction or discharge pipes of at least nine thousand
feet per minute to an equivalent suction or pressure of air equal to
raising a column of water not less than five inches in a U-shaped
tube. All branch pipes must enter the main trunk pipe at an angle
of forty-five degrees or less, the main suction or trunk pipe shall be
below the emery or buffing wheels and as close to the same as possi-
ble, and to be either upon the floor or beneath the floor on which the
machines are placed to which such wheels are attached. All bends,
turns or elbows in such pipes must be made with easy, smooth sur-
faces, having a radius in the throat of not less than two diameters of
the pipe on which they are connected.
§ 5. It shall be the duty of any factory inspector, sheriff, consta-
ble or prosecuting attorney of any county in this State in which any
such factory or workshop is situated, upon receiving notice in writ-
ing signed by any person having knowledge of such facts, accom-
panied by the sum of one dollar as compensation for liis services,
that such factory or workshop is not provided with such appliances
as herein provided for, to visit any such factory or workshop and in-
spect the same, and for such purpose they are hereby authorized to
enter any factory or workshop in this State during working hours,
and upon ascertaining the facts that the proprietors or managers of
such factory or workshops have failed to comply with the provisions
of this act, to make complaint of the same in writing before a justice
of the peace or police magistrate having jurisdiction, who shall there-
upon issue his warrant, directed to the owner, manager or director,
in such factorj^ or workshop, who shall be thereupon proceeded
against for the violation of this act and hereinafter mentioned, and
it is made the duty of the prosecuting attorney to prosecute all cases
under this act.
252
MILITAEY CODE.
§ 6. Any such person or persons or company, or manag;ers, or di-
rectors of any such company or corporation who shall have the
charge or management of such factory or workshop, who shall fail
to comply with the provisions of this act, shall be deemed guilty of
a misdemeanor, and, upon conviction thereof before any court of
competent jurisdiction, shall be punished*by a fine of not less than
twenty-five dollars and not exceeding one hundred dollars.
Appeoved June 11, 1897.
MILITAEY CODE.
§ 1. Amends the Act of 1879 as follows:
Article I.
Liability, enrollment and exemption.
Article II.
Organization.
Article III.
Appointments— elections, rules and regu-
lations.
Article IV.
Parades and encampments.
Article V.
Rifle practice.
Article VI.
Arms and armories.
Article VII.
Courts martial.
Article VIII.
Retired list.
Article IX.
Pay and allowances.
Article X.
Mobs and riots.
Article XI.
General provisions.
An Act io revise the Military and Naval Code of the State of
Illinois.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That the Military Code of Illi-
nois and other laws bearing upon the military and naval forces of
this State be amended, re-enacted and consolidated so as to read as
follows:
The Military Code of Illinois.
Article I.
liability, enrollment and exemptions.
Section 1. All able-bodied male citizens of this State between
the ages of eighteen and fortj^-five years, except such as are ex-
pressly exempted by the laws of the United States, or are State or
MILITARY CODE. 253
county officers, or on account of their profession or employment are
exemi^ted by the commander-in-chief, shall be subject to military
duty and desigjnated as the Illinois State Militia.
§ 2. When it is necessary to execute the laws, suppress insurrec-
tion or repel invasion, or to quell riots, or when a requisition shall
be made by the President of the United States for troops or seamen,
the Grovernor, as commander-in-chief, may, by his proclamation, re-
quire the enrollment of the unorganized militia of the State, or such
portion thereof, as may be necessary, and he shall appoint necessary
enrolling officers and prescribe their duties, issuing all proper orders
that may be required in the premises. He may designate the place
of rendezvous, provide for the organization of the land forces of the
militia into companies, battalions, regiments and brigades, and the
naval forces into divisions, ships' crews and squadrons, and their
equipment, as the case may require. The militia, when called into
active service, shall receive the same pay and allowances as is pro-
vided for like troops in the service of the United States.
§ 3. Every officer, non-commissioned officer, musician, private or
enlisted man of the Illinois National Guard and the naval force of
Illinois shall be exempt from jury duty, from payment of road labor
and head or poll tax of every description during the time he shall
hold a commission as officer or be enrolled as an enlisted man in the
Illinois National Guard or the naval force of Illinois; the exemption
from jury duty shall continue after discharge for a period equal to
that honorably conq^leted in the National Guard or the naval force
of Illinois. The uniforms, arms and equipments of every member
of the Illinois National Guard or naval force of Illinois shall be ex-
empt froni all suits, distresses, executions or sales for debt or pay-
ment of taxes. The members thereof shall in all cases, except
treason, felony or breach of the peace, be privileged from arrest and
imprisonment by civil authority while under orders in the active ser-
vice of the State from the date of the issuing of such orders to the
time when such service shall cease.
Article II.
ORGANIZATION.
Section 1. The land forces of the organized militia shall be desig-
nated as the "Illinois National Guard," and shall consist of not more
than twenty-two battalions of infantry, one battalion of artillery, one
squadron of cavalry, a company of engineers, one comj)any of signal
troops, a medical department and hospital corjjs.
The naval force of the organized militia shall be designated as the
"Naval Militia of Illinois," and in time of jDeace shall consist of not
more than two ships' crews or complements, four divisions constitut-
ing a ship's crew or complement, being in all eight divisions: l^ro-
vided, the commander-in-chief shall have the power, in case of war,
254 MILITARY CODE.
insurrection, invasion, or imminent danger thereof, to increase the
said naval forces beyond such limit of two ships' crews or comple-
ments, and to organize the same as the exigencies of the case may re-
quire.
The commander-in-chief may transfer, consolidate, muster out,
disband and make such other changes in the organization of the Illi-
nois National Guard and the naval force of Illinois from time to time
as the best interests of the service may require, and shall make such
brigade and regimental organization as may be necessarj^ for the land
forces and such squadron and ships' crew organization as may be nec-
essary for the naval forces: Provided, that the number of general
officers appointed to carry out such organization shall never exceed
three.
§ 2. The staff of the commander-in-chief shall consist of an ad-
jutant general, with the rank of brigadier general, who shall be ex-
officio chief of the staff, commissary general and quartermaster gen-
eral, an inspector general, a surgeon general, a judge advocate general,
one general inspector of rifle practice, each with rank of colonel; one
aide from each congressional district, each with rank of colonel, and
one assistant adjutant general, with rank of colonel: Provided, that
no employe of the State or a county, while drawing his salary as such,
shall receive any pay b)^ reason of any service in the militia of the
State.
The adjutant general shall issue and transmit all orders of the
commander-in-chief with reference to the militia or military or naval
organizations of the State, and shall keep a record of all officers com-
missioned by the Governor, and of all general and special orders and
regulations, and of all such matters as pertain to the organization of
the State militia and the Illinois National Guard and the naval forces
of Illinois, and perform the duties of an adjutant, commissary and
quartermaster general. He shall have charge of the State arsenal,
arsenal grounds and all military camps and rifle ranges, and shall re-
ceive and issue all ordnance and ordnance stores and camp and gar-
rison equipage on the order of the commander-in-chief. He may
appoint, with the approval of the Governor, an ordnance sergeant
at a salary of not more than eight hundred dollars per annum, who
shall, under the direction of the adjutant general, aid and assist him
in the discharge of his duties.
The adjutant general shall receive for his services the sum of three
thousand dollars per annum. He shall have charge of and carefully
preserve the colors, flags, guidons and military trophies of war be-
longing to the State, and shall not allow the same to be loaned out
or removed from their proper place of deposit. He shall furnish, at
the expense of the State, all proper blank books, blanks and forms
and such military and naval instruction books as shall be approved
by the commander-in-chief. He shall, also, on or before the first day
of October next preceding the regular session of the General Assem-
bly, make out a full and detailed account of all the transactions of
his office, with the expenses of the same for the preceding two years,
and such other matters as shall be required by the Governor, and
MILITAEY CODE. 255
shall also report at such other times as the Governor may require.
He shall reside at the State capital, and. shall hold his olfice during
the pleasure of the Governor.
§ 3. The stafE of a brigade shall consist of assistant adjutant gen-
eral, with rank of lieutenant colonel; judge advocate, with rank of
lieutenant colonel; assistant inspector general, with rank of lieuten-
ant colonel; inspector of rifle practice, with rank of lieutenant colonel;
quartermaster, with rank of major; commissary of subsistence, with
rank of major, and two (2) aides-de-camp, each with rank of first lieu-
tenant.
§ 4. A regiment of infantry shall consist of one colonel, one
lieutenant colonel and a regimental staff consisting of one adjutant,
with the rank of captain; one quartermaster, with the rank of cap-
tain; one inspector of rifle practice, with the rank of captain; one
chaplain, one sergeant major, one quartermaster sergeant, one ord-
nance sergeant, one commissary sergeant, one chief trumpeter, one
color sergeant, one band, and not less than two nor more than three
battalions, of not less than eight nor more than twelve companies.
§ 5. A battalion of infantry shall consist of one major and a bat-
tallion stafP consisting of one adjutant, with the rank of first lieuten-
ant; one sergeant major, one quartermaster sergeant, one trumpeter
sergeant, and not less than two nor more than four companies.
The commissioned stafP of an unassigned battalion shall be the
same as that of a regiment, except that the rank of its members shall
be that of first lieutenant ; the non-commissioned stafP shall be the
same as that of a regiment.
§ 6. A company of infantry shall consist of one captain, one first
lieutenant, one second lieutenant, one first sergeant, four sergeants,
two musicians, one corporal for every seven privates; thirty-five pri-
vates as a minimum and eighty-four privates as a maximum.
§ 6J. A regiment of cavalry shall consist of one colonel, one
lieutenant colonel and regimental staff consisting of one adjutant,
with rank of captain; one quartermaster, with rank of captain; one
ordnance officer, with rank of captain; one chaplain, one veterinary
surgeon, with rank of captain; one sergeant major, one quarter-
master sergeant, one ordnance sergeant, one commissary sergeant,
one color sergeant, one saddler sergeant, one farrier sergeant, one
chief trumpeter, one band, not less than two squadrons of not more
than eight troo^DS.
§ 7. A squadron of cavalry shall consist of one major and a com-
missioned staff the same as that of an unassigned battalion, a non-
commissioned staff the same as that of an unassigned battalion, with
the addition of one farrier sergeant, one saddler sergeant, and not
less than two nor more than four troops.
A troop shall consist of the same officers and number of privates
as a company of infantry. One farrier, one blacksmith and one sad-
dler may be appointed from privates.
256 MILITARY CODE.
§ 7|. A battalion of artillery shall consist of one major and a
commissioned staff the same as that of an nnassigned battalion, a
non-commissioned staff the same as that of an nnassigned battalion
or squadron of cavalry.
§ 8. A battery of artillery shall consist of one captain, one first
lieutenant and one second lieutenant for each platoon, one first ser-
geant, one quartermaster sergeant, one veterinary sergeant, four
artificers, two trumpeters, two or three platoons of two guns each
with their caissons, with the following allowance for each gun and
caisson: One sergeant, two corporals, six to ten cannoneers, four to
eight drivers.
§ 9. A band shall consist of: One chief musician, two principal
musicians, one drum major, with the rank of sergeant, not less than
twelve nor more than twenty-four privates.
§ 10. A comxDany of engineers shall consist of one captain,
three first lieutenants, six sergeants, ten corporals, seventy privates.
§ 11. A comiDany of signal troops shall consist of one captain,
three first lieutenants, six sergeants, ten corporals, seventy privates.
§ 12. The medical department shall consist of one surgeon gen-
eral, with the rank of colonel; three assistant surgeon generals, with
the rank of lieutenant colonel; ten surgeons, with the rank of major;
ten assistant surgeons, with the rank of captain; twenty-five assist-
ant surgeons, with the rank of first lieutenant. The hospital corps
shall consist of fifty hospital stewards, one hundred privates. After
five years' service the assistant surgeons shall be entitled to the rank
and pay of captains.
§ 13. The rank of no officer or non-commissioned officer now in
service shall be reduced by reason of the change in organization.
§ 14. The naval force of Illinois shall be commanded by an
officer with the rank of captain, who shall have the power to ajppoint
a staff, consisting of a chief of staff, with the rank of commander; a
navigating officer, with the rank of lieutenant commander; an ord-
nance and equipment olficer, with the rank of lieutenant; a signal
officer, with the rank of lieutenant of the junior grade; a secretary to
the caxjtain, with the rank of lieutenant of the junior grade; an aide
to captain, with the rank of ensign; a surgeon, with the relative rank
of lieutenant; a paymaster, with the relative rank of lieutenant; an
engineer, with the relative rank of lieutenant; a chaplain, with the
relative rank of lieutenant. There shall be also attached to the cap-
tain's staff the following petty officers: One master-at-arms, who
shall be the chief petty officer of the naval force; one gunner's mate,
one equipment yeoman, one apothecary, one ship's armorer, two tor-
pedo electricians, four machinists, one chief quartermaster, one
coxswain and one chief bugler.
§ 15. Each ship's crew or complement of four divisions shall be
commanded by an officer with the rank of commander. To each
ship's crew or complement there shall be allowed the following addi-
tional commissioned officers, viz.: One lieutenant commander, who
MILITAEY CODE. 257
shall be the executive officer; one lieutenant, who shall be the^navi-
gating and ordnance officer; one ensign, who shall be aide to the
commander, and a staff, to consist of one passed assistant surgeon,
not more than two assistant surgeons, one passed assistant engineer
and one chaplain. Passed assistant surgeons, XDassed assistant pay-
masters, passed assistant engineers and chaplains shall have the rela-
tive rank of lieutenant; assistant surgeons shall have the relative
rank of ensigns. There shall be allowed to each ship's crew or com-
plement such number of petty officers as the commander-in-chief
shall, from time to time, order and direct. To each division there
shall be one lieutenant, one lieutenant of the junior grade, two en--
signs, one bugler and thirty-five petty officers and men as a mini-
mum, and one hundred petty officers and men as a maximum. Each:
division shall contain at least eight men with a practical knowledge
of electricity, and eight others with a practical knowledge of the.
construction and management of steam machinery.
§ 16. Executive officers, navigating and ordnance officers, signal'
officers and aides-de-camp shall not bs deemed to be staff officers, but.
shall be line officers, and, as such, entitled to assume command.
Navigating and ordnance officers shall have rank and precedence
without regard to date of commission, over all of the same grade;
acting executive and navigating and ordnance officers shall be en-
titled to the same rank and precedence, while so acting, as officers,
regularly commissioned as such.
§ 17. The organization of the naval force shall conform generally
to the provisions of the laws of the United States, and the system of
discipline and exercise shall conform, as nearly as may be, to that ot
the navy of the United States as it now is or may hereafter be pre-
scribed by Congress. When not otherwise provided for, the govern-
ment of the naval force shall be controlled by the provisions of the-
military code as now applied to the State forces. The Governor'
shall have the power to alter, divide, annex, consolidate or disband,
the same whenever, in his judgment, the efficiency [of the] forces will!
thereby be increased, and he shall have power to make such rules and
regulations as may be deemed proper for the use, government and in-
struction of the naval forces; but such rules and regulations shall
conform to the provisions of this act. and, as nearly as practicable, to
those governing the United States army.
§ 18. Whenever the naval force of the State or any part thereof
shall be in the field or afloat upon actual service, the senior officer of
the forces present shall command the same, and whenever operatino-
or acting in conjunction with the land forces of the State, the senio*r
officers present, according to relative rank of either forces, shall
command the whole, unless otherwise specially ordered or directed bv
the commander-in-chief or other competent' military or naval au-
thority. But no officer of the staff shall be entitled by virtue of his
rank to assume command when officers of the line are present and
capable of assuming command, unless expressly authorized so to do
by law or by the terms of his commission where an officer of similar
—17
'258 Military codi:.
rank and position in the United States naval service would not be
entitled to assume command unless by express direction of the com-
mander-in-chief or other competent authority.
§ 19. The uniform of the naval force shall conform to the regu-
lations in force for the navy of the United States, subject to such
changes as the commander-in-chief may approve.
§ 20. When the government of the United States is ready to sup-
ply arms and equipment, as well as the material and opportunities
for naval instruction and drills, the Governor is hereby authorized to
make the necessary arrangements for carrying such program into
effect. The duty of the naval force required by law, or any part of
it, may be performed afloat in the United States vessels. Officers and
men of the naval force mustered temporarily into the service of the
United States for instruction and drill, and receiving compensation
therefor from the United States, shall not, during the same time, be
-entitled to compensation or allowance from the State.
§ 21. The Grovernor is authorized to apply to the President of the
United States for the detail of commissioned and petty officers of the
navy to act as inspectors and instructors in the art of naval warfare.
§ 22. The commander-in-chief shall have the power to assign any
' officer, warrant or petty officer, or seaman of the United States navy,
detailed for or assigned to duty with the naval force as instructor or
otherwise, to such duties as he may deem proper and suitable, and
;shall have power to confer on any such officer, warrant or petty offi-
cer, or seaman, such rank in the naval service of the State during
;such detail or assignment as he may deem best.
§ 23. The captain commanding the naval force may prescribe
such examination for promotion or appointment to any warrant or
petty office on the captain's staff as he may deem proper, and may
detail officers to conduct such examinations. Officers commanding
ships' crews or complements shall have the same power with regard
to chief petty officers of the ship's crew or complement and petty
officers of divisions.
§ 24. In addition to ships' buglers and division buglers, there
shall be allowed to the naval force, as soon as two ships' crews or
com]olements shall have been fully equipped and established, a band
of not to exceed twenty-four musicians, who shall be under the direct
command and supervision of the captain, and shall be carried on the
captain's muster rolls as attached to his staff.
Aeticle III.
Appointments — Elections.
rules and regulations.
Section 1. The appointment and commission of all commissioned
officers shall be subject to the approval of the commander-in-chief.
He shall appoint and commission the members of his staff, who will
MILITARY CODE. 259
hold office daring his pleasure. He shall appoint and commission
the general officers, who shall hold their offices until removed for
cause, resignation or retirement. All staff officers shall be appointed
and commissioned by the commander-in-chief, upon the recommen-
dation of their immediate commanders, which commissions shall ex-
pire when the nominating officers or their successors shall make
nominations for the respective offices, and such nominations shall be
confirmed by the commander-in-chief.
Non-commissioned staff officers of regiments or independent bat-
talions of infantry, squadron of cavalry, and battalion of artillery of
the national guard shall be appointed by warrant, by the command-
'©rs of regiments or battalions or squadron, as the case may be.
Regimental officers above the rank of captain shall be elected by
the line officers of the regiment, and shall hold their offices for five
years.
Company officers shall be elected by the members of their com-
13anies, and shall hold office for three years.
All non-commissioned officers of companies, on recommendation of
their captain, shall be appointed by warrant by the commander of
: the regiment, unassigned battalion, squadron of cavalry or battalion
. of artillery.
The assistant surgeon generals shall be recommended for appoint-
I ment by the surgeon general and by him assigned to the staff of
general officers: Provided, that such assignment is first approved by
the general officer with whom such assistant surgeon general is to
; serve; the remaining officers of this department, upon the recommen-
• dation of regimental, unassigned battalion, squadron or battalion
commanders and the surgeon general. They will be assigned among
the regiments whenever needed. The officers of this department
:shall hold their offices for the term of five years.
§ 2. Whenever any company of the Illinois National Guard shall
be reduced to a number of less than the miiiimum herein provided,
: uniformed and active members, to be ascertained by an inspection, it
may be disbanded, or consolidated with another company, by the
' commander-in-chief.
§ 3. The commander-in-chief is hereby authorized to make rules
and regulations for the government of the military and naval forces
of this State, but such rules and regulations shall conform to the
laws of this State, and, as nearly as practicable, to the regulations for
the army and navy of the United States.
§ 4. The organization, equipment, discipline and government of
the Illinois National Guard and of the naval force of Illinois, not oth-
erwise provided for in this act, or in general regulations, shall con-
form to the regulations, customs and usages of the army and navy of
the United States.
§ 5. All meetings for the election of officers shall be ordered by
Lthe commander-in-chief. The orders therefor shall be addressed to
260 MILITAEY CODE.
an officer of his command to preside at such meeting, who shall, at.
least one week previous thereto, send a notice thereof, by mail, to
each person entitled to vote thereat. The voting shall be by ballot,,
and a majority of all votes cast shall be necessary to elect, and the
result thereof shall be forthwith returned by the officer presiding,
through the regimental or battalion commander or commander of
the naval force, to the Adjutant General. If there shall be a failure-
to elect any officer at two meetings ordered therefor, the commander-
in-chief may fill the vacancy by direct appointment. If the officer
designated to preside at such meeting shall not appear thereat, the
senior officer shall preside.
§ 6. An examining board of three or more competent officers, ap-
pointed by the commander-in-chief, shall convene at such times and
places as he shall direct, and examine, in military tactics, all com--
missioned officers below the rank of brigadier general who shall b©
ordered before it. The commander-in-chief shall give at least one
week's notice to all such officers to appear thereat. Said board shall,,
in twenty days after such examination, make a detailed report of its
result to the commander-in-chief, who may revoke api^ointments of
all officers failing to pass an examination satisfactory to said board.
If any officer shall fail to appear for examination, on receiving
proper notice, he may be allowed an opportunity for an examination
at the next session of the board, if he shall give a satisfactory excuse
for his absence: Pi'ovided, that no officer who has passed a satisfac-
tory examination shall be re-examined.
§ 7. Enlistments therein shall be for three years, re-enlistments,
after three years' service, for one or more years, and will be made hy
signing enlistment papers prescribed by the Adjutant General, and
by taking the following oath or affirmation, which may be adminis-
tered by any commissioned officer, to- wit:
"You do solemnly swear (or affirm) that you will bear true alle-
giance to the United States and the State of Illinois, and that you
will supiDort the constitution thereof; that you will serve the State of
Illinois faithfully in its military service for the term of three years,
unless sooner discharged, or you cease to be a citizen thereof: that
you will obey the orders of the commander-in-chief and such officers,
as may be placed over you and the laws governing the military forces
of the State of Illinois, so help you God."
§ 8. Any soldier or seaman who shall not receive an honorable'
discharge shall not be re-enlisted until his disability shall be removed.
§ 9. The captain shall be appointed by the commander-in-chief..
Commanders, lieutenant commanders, lieutenants to act as navigators-
and aides to the commander shall be chosen by the commissioned
officers of their respective ships' crews or complements; lieutenants
of the junior grade and ensigns shall be chosen by the officers and
enlisted men of their respective divisions. Petty officers shall be
nominated, appointed and examined and, if found qualified, warranted
in like manner as non-commissioned officers in the national guard.
The time and place of holding elections shall be fixed by and in ac-
cordance with the military code of the State.
MILITARY CODE. 261
Aeticle IY
PAEADES AND ENCAMPMENTS.
Section 1. The commanding officer of each regiment, battalion,
company, troop or battery of the national guard or ship's crew or
■division of the naval force may order weekly evening drills.
§ 2. The commander-in-chief may order a tour of camp duty for
the national guard, or cruise for ships' crews of the naval force of not
'less than six nor more than ten days, annually.
§ 3. The commanding officer of any encampment or parade may
cause those under his command to perform an}^ field or camp duty he
shall require, and may put under arrest during such encampment or
j)arade any member of his command who shall disobey a superior
officer or be guilty of disorderly or unmilitary conduct, and any
other person who shall tresspass on the parade or encampment
ground or in any way interrujDt or molest the orderly discharge of
duty by the members of his command, and he may XDrohibit the sale
of all spirituous or malt liquors within one mile of such encampment
and enforce such prohibition by force if necessary: Provided, hoiv-
ever, that nothing herein contained shall be construed to interfere
with the regular business of any liquor dealer whose place of business
shall be situated within said limits before the commencement of said
encampment.
Aeticle V.
EIFLE practice.
Section 1. The general inspector of rifle practice shall have charge
of rifle practice throughout the State; shall direct , the manner in
which the same shall be conducted.
§ 2. The brigade, regimental and battalion inspectors of rifle
practice shall perform such duties as may from time to time be pre-
scribed by the general inspector of rifle i^ractice.
§ 3. Such inspector of rifle practice shall be i^aid as hereinafter
prescribed, the same as for camp duty, subject to the approval of the
commander-in-chief. The expense of procuring and maintaining
proper rifle ranges, procuring ammunition, the necessary printing
and all other things deemed proper for the x^romotion of rifle practice
by the Illinois National Guard shall be paid for from the military
.fund on bills of particulars approved by the commander-in-chief.
Article VI.
ARMS AND armories.
Section 1. Upon the muster in of any new organization in the
Illinois National Guard or any ship's crew, or division of the naval
force of Illinois, on the requisition of its commanding officer and the
.aj)proval of the Governor the Adjutant General shall issue all neces-
262 MILITARY CODE.
sary ordnance stores: Pi'ovided, however, that when any arms or
munitions are delivered to any commander, he shall execute and de-
liver to the Adjutant General a bond, payable to the People of the
State of Illinois, in a sufficient amount and with sufficient security, to
be approved by the Governor, conditioned for the proper use of such
arms and munitions, and the return of the same, when requested by
the prox3er officers, in good order, wear, use and unavoidable loss and
damage excepted. All such arms and munitions shall be kept at the
company or regimental division or ship's crew armory.
§ 2. The inspector general shall critically inspect, whenever di-
rected by the commander-in-chief, every branch connected with the
military service, including armories, arsenals and military store-
houses; and he shall report to the Adjutant General the improvement
in discipline and tactical instruction of the Illinois National Guard
and the naval force of Illinois.
§ 3. The entire Illinois National Guard and the naval force of '
Illinois and all armories, ordnance stores and camp equipage belong-
ing to the State shall be inspected at least once in each year, under
such rules and regulations as may be provided by the inspector gen-
eral, with the approval of the commander-in-chief, and all the neces-
sary traveling expenses incurred therein shall be X3aid on requisition
in the same manner as hereinafter provided for.
§ 4. Commanders of regiments, battalions, troops, batteries or
separate companies shall furnish to the inspector general such in-
formation as he may require as to the number and kind of arms,
equipments • and military property of the State issued to their re-
spective regiments, battalions, troops, batteries or separate com-
panies; and at the inspection of any armory, arsenal or military
storehouse, if the inspector general finds the property which ought
to be kept therein, or any loart of it, missing, injured or unfit for
use, or deficient in any respect, he shall forthwith report the facts
in respect thereto to the Adjutant General.
§ 5. In his annual report the inspector general shall state what
general and field officers have been in command of parades and en-
campments, what changes of general and field officers have been >
made, and what degree of improvements has been attained by both
officers and men, and whether the general regulations have been ob-
served, together with such other suggestions as he may see fit to
make.
§ 6. The brigade inspectors, whenever required by the inspector
general, shall report to him the condition of their respective bri-
gades, and shall, also, upon his request, report to him ujpon any mat-
ter properly belonging to his department which may require exam-
ination within their respective brigades. All such reports shall be
addressed to the inspector general, but shall be forwarded through
brigade commanders.
§ 7. The armory of each regiment, battalion, company, ship's
crew or division shall be subject to the order of the Adjutant General,.
be under the charge of its commanding officer, who shall keep therein .
MILITARY CODE. 263
all property furnished by the State; and no company or division
shall be furnished with arms or equipments until a suitable armory
shall be provided for their deposit; nor shall such arms be loaned or
taken from such armories by individual members of the companies.
Any officer, non-commissioned officer or private of the Illinois Na-
tional Guard or the naval force of Illinois knowingly making any
false certificate, or false returns of State property in his hands, or
neglecting or refusing to apply all money drawn from the State
Treasurer for the pufpose named in the requisition therefor, shall be
deemed guilty of embezzlement, and shall be punished in the manner
as provided for that offense in the criminal code of this State.
§ 8. Armories of the naval forces shall be situated immediately
on or near navigable waters of the State, in such position as best to
promote the efficiency of the service. The word ''armory," as used
in this section and in any part of this act, when applied to the naval
forces, shall be held to include a vessel used as an armory for the
purpose of instruction, drill and defense.
Article VII.
COURTS MARTIAL.
Section ] . General courts martial for the trial of commissioned
officers shall be ordered by the commander-in-chief and shall con-
sist of seven officers, a majority of whom shall constitute a quorum.
§ 2. General courts martial for the trial of enlisted men shall be
ordered by the commander-in-chief, and shall consist of five officers,
any three of whom shall constitute a quorum.
§ 3. The commanding officer of a brigade, regiment or unassigned
battalion may appoint a summary court, to consist of one commis-
sioned officer of his command, for the trial of enlisted men.
§ 4. A general court martial shall have jurisdiction to try all
offenses against the military law, breaches of order or discix^line or
neglect of duty. On conviction of any such offenses the court may
impose one or more of the following punishments: Cashierment
and dismissal of officers; reduction of non-commissioned officers to
the ranks; reprimand, dishonorable discharge, with or without dis-
qualification from holding military office; fine not exceeding one
hundred dollars, and in default of payment, imprisonment in the
county jail not exceeding thirty days.
§ 5. A summary court martial shall have jurisdiction to try minor
offenses against military discipline; and, upon conviction, the court
may imxDose one or more of the following punishments: Reprimand,
forfeiture of whole or part of pay and a fine not exceeding five dol-
lars, or, in default of paym3nt after approval, imprisonment not ex-
ceeding throe days.
§ 6. All proceedings of courts martial shall be forwarded to and
receive approval of the officer ordering the same, before the sentence
can go into effect, and such officer may remit, mitigate or commute
such sentence.
264 MILITARY CODE.
§ 7. Witnesses for the prosecution or defense may be sumoned to
attend by subpoena signed by the judge advocate. Any witnesses,
duly summoned, who shall fail to appear and testify, may be, by war-
rant of the president of the court, directed to the sheriff, or any con-
stable, arrested and treated as in like cases before civil courts. The
fees of all witnesses shall be the same as allowed in civil cases, to be
taxed, with the necessary expenses of the judge advocate and the
court, by the president of the court, and paid by the State Treasurer,
on the Auditor's warrant, to the judge advocate, who shall pay all the
expenses of the trial when received by him.
§ 8. It shall be the duty of any general court martial or summary
court, after the sentence of any such court martial shall have been duly
approved, to issue his warrant for the collection of all fines imposed
by such court martial, directed to the sheriff or any constable of the
county wherein the person against whom such is imposed resides,
and such officer shall collect all such fines in the same manner as he
is authorized to collect debts in civil suits, and he shall make return
within twenty days after receiving the same to the officer issuing
such warrant. In default of the payment of any such fine, or if the
officer executing such warrant shall certify that there is no
property of the defendant out of which to satisfy such warrant, then
the officer issuing such warrant shall issue his warrant of commit-
ment, directed to such sheriff or constable, who shall forthwith take
the body of such delinquent and convey him to the common jail of
such county, and make return thereof to such court.
§ 9. It shall be the duty of the keeper and wardens of all county
jails to receive and confine all military offenders when delivered by
such sheriff or constable under proper warrant of commitment for
and during the term of sentence set forth in such commitment. No
such imprisonment shall exceed a period of thirty days, and the offi-
cer ordering the court that im^Dosed such fine may liberate such pris-
oner at any time.
§ 10. Enlisted men fined by a military court who shall neglect or
refuse to pay such fine within forty days after the same has been im-
posed may be dishonorably discharged from the service. ,
§ 11. All fines levied and collected under the provisions or this
article shall be paid to the [to the] Treasurer of the State, who
shall credit the same to the military fund of the State.
§ 12. Summary courts for enlisted men shall be appointed by the
commanding officer of each ship's crew or complement for his com-
mand. An officer of the naval force or a judge advocate of the
national guard may be assigned to act as judge advocate of a gen-
eral court martial or a court of inquiry. General court martials,
courts of inquiry and delinquency courts for officers may be wholly
or partly composed of officers junior in rank to the officer to be tried
or investigated, where, in the judgment of the commander-in-chief,
the interest of the service so requires.
MILITARY CODE. 265
Article VIII.
RETIRED LIST.
Section 1. Any commissioned officer who shall have served for
the period of ten years may, upon his own request, be placed upon
a retired list and withdrawn from active service and command, and
the vacancy thereby created shall be filled in the same manner as
other vacancies.
Article IX.
PAY AND ALLOWANCES.
Section 1. When in actual service for the suppression of riot and
the enforcement of the laws, and when on duty under orders of the
commander-in-chief, and it is so specified in said orders, officers of
the Illinois National Guard and of the naval force of Illinois shall
receive the same, pay as provided by law for officers of the United
States army and navy of like grade, and the enlisted men of the
Illinois National Guard and of the naval force of Illinois shall re-
ceive two dollars ($2.00) per daj^ for each day's service actually so
performed, said payment to be made on rolls prescribed by the Ad-
jutant General.
§ 2. The officers shall receive one-half the pay provided by law
for officers of like grade in the army and navy of the United States,
and enlisted men shall receive one dollar ($1.00) for each day's
service, with transportation and necessary subsistence, at any en-
campment or cruise authorized by law, and in going to and returning
from the same, and while under orders of the commander-in-chief or
other proper authority for the purposes and in the manner herein
provided: Provided, nothing in this act shall be construed as to
allow pay to officers or men for more than ten days during any one
year, except during a time of riot, insurrection or invasion, or while
■on dut^y under orders from the commander-in-chief.
§ 3. For each day's duty when under orders from the commander-
in-chief, or as a witness or a defendant under summons from the
president or judge advocate of a court martial, officers and men
shall be paid as hereinbefore provided for camp duty or cruise.
Aeticle X.
MOBS AND RIOTS.
Section 1. Whenever there is in any city, town or county a tumult,
riot, mob or body of men acting together by force with attemiDt to
commit a felony, or to offer violence to persons or property, or by
force or violence to break or resist the laws of the State, or when
such tumult, riot or mob is threatened, and- the fact is made to ap-
pear to the Governor, it shall be his duty to order such military or
naval force as he may deem necessary to aid the civil authorities in
suppressing such violence and executing the law.
266 MILITARY CODE.
§ 2. Whenever the military or naval forces shall be ordered out
by the Governor on any application of a civil officer as aforesaid, or
otherwise, they shall report to such civil officer as the Governor shall
designate, and shall act in strict subordination to such civil author-
ity in preserving the peace, quelling riots, or executing the law, and
may arrest any person or persons on \^iew without process, and hold
them in custody until, by order of the commander-in-chief, such
person or persons shall be discharged from custody, or delivered over
to the civil authorities; and whenever necessary to suppress riot, dis-
perse the mob, restore the peace and execute the law, may use such
force as may be necessary.
§ o. All orders from civil officers to military or naval comman-
ders shall contain only the specific act to be performed by the mili-
tary or naval officer. The manner of performing the said act shall
be left to the discretion of the militar}^ or naval officer. Military and
naval commanders shall transmit a copy of such orders at once through
channels to the commander-in-chief.
§ 4. If any person shall molest, interrupt, or insult by abusive
words or behavior, or shall obstruct any officer or soldier or seaman
while on duty or at any parade or drill, he may be put immediately
under guard, and kept, at the discretion of the commanding officer,
until the duty, parade or drill is concluded; and such commanding
officer may turn over such person to any sheriff, or to a police officer
or constable of the county, city or town wherein such duty, parade or
drill is held, to be dealt with as the law directs.
§ 5. Any person or persons composing or taking part in any riot,
rout, tumult, mob or lawless combination or assemblage, who, after
being commanded to disperse, wilfully and intentionally fails to do
so as soon as practicable, is guilty of a felony, and shall, on convic-
tion, be imprisoned in the penitentiarj^ for not less than one nor
more than two years.
§ 6. It shall be unlawful for any person to assault, or fire upon,
or throw any missile at, against or upon any member or body of the
national guard or naval force, or civil officer or other jDerson lawfully
aiding them, when going to, returning from, or assembled for per-
forming any duty under the provisions of this chapter; and any i3er-
son so offending shall be guilty of a felony, and must, on conviction,
be imprisoned in the penitentiary for not less than two years nor
more than five years.
§ 7. If any portion of the national guard or naval force, or person
lawfully aiding them in the performance of any duty, under the pro-
visions of this chapter, are assaulted, attacked, or in imminent dan-
ger thereof, the commanding officer of such national guard or naval
force may at once proceed to quell such attack and disperse the at-
tacking parties, and take all other needful steps for the safety of his,
command.
§ 8. If any member of the national guard or naval force shall he
prosecuted by civil or criminal action for any act performed by sucli
member while in the performance of his military duty and in pur-
MILITAKY CODE. 26T
suance thereof, the action against such member shall be defended by
the Attorney General. Upon the approval of the Attorney General,
the costs and expenses of any such defense shall be audited by the
Secretary of State and paid out of the State treasury.
Article XI.
GENEEAL PEOVISIONS.
Section 1. No military company or division of the naval force
shall leave the State with arms and equipments without the consent
of the commander-in-chief.
§ 2. It shall not be lawful for any body of men whfitever, other
than the regularly, organized volunteer militia of this State, the troops
of the United States, Grand Army posts or camps Sons of Veterans,
to associate themselves together as a military company or organiza-
tion, or to drill or parade with arms, in this State: And, provided
further, that students in educational institutions where military drill
is part of the course of instruction may, with the consent of the Gov-
ernor, drill and parade with arms in public, under command of their
military instructor: Provided, that nothing here contained shall be
construed so as to prevent benevolent or social organizations from
wearing swords.
§ 3. Whoever offends against the provisions of the preceding sec-
tion, or belongs to or parades with any such unauthorized body of
men with arms, shall be punished by a fine not exceeding the sum of
ten dollars ($10) or by imx)risonment in the common jail for a term
not exceeding six months, or both.
§ 4. All military and naval property issued by the State shall be
used only in the discharge of military duty, and any non-commis-
sioned officer or enlisted men who shall wilfully and wantonly injure
or destroy, secrete, sell or attempt to sell, retain after proper demand
made, or in anj^ manner pawn or pledge and [any] such military
property, shall be tried by court martial, and upon conviction shall
be sentenced to i3ay a fine of not exceeding one hundred dollars, and
in default of the payment of such fines may be imprisoned in the
county jail not exceeding thirty days,
§ 5. Any person not a member of the national guard, the army of
the United States, the Grand Army of the Republic or the Sons of
Veterans or naval force, who shall wear any uniform or designation
of rank in use by the national guard and naval force issued or au-
thorized in this act shall forfeit to the Peoiole of the State one hun-
dred dollars.
§ 6. If a soldier or seaman, in time of peace, habitually absents
himself for the space of four months from all drills or parades of his
company, he may be considered a deserter, and shall be reported to
the Adjutant General through the regular military channels.
268 MILK — MINES AND MINING.
§ 7. If a soldier or seaman on duty by the proper authority for
the suppression of insurrection, preservation of the peace or similar
duty, wilfully absents himself from his company for more than twen-
ty-four hours, he may be considered a deserter.
§ 8. And therefore an emergency exists, and this law shall be in
■ effect from and after its i^assage.
Appeoyed June 11, 1897.
MILK.
STANDAED OF ANALYSIS.
§ 1. Pi'ovides what the standard of analysis of milk shall be.
An Act to fix the standard of analysis for milk.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly : That the standard of analy-
sis for milk in this State as to ingredients and preparations shall be:
Water, eighty-eight per cent; milk solids, twelve per cent; and such
milk solids shall contain not less than three per cent of butter fat.
When contracts are made for milk purchased within this State, for
delivery within or without this State, no other standard shall be used
except by special contract in writing.
Appeoyed June 7, 1897.
MINES AND MINING.
COAL MINERS.
i 1 Miner to produce satisfactory evidence § 2 Penalty.
that he has worked two years as a
practical miner.
An Act in relation to the safety and the competency of coal miners,
and to punish for infraction of the same.
Section 1. Be it enacted by the People of tJie State of Illiiiois,
represented in the Genercd Assembly: That from and after the
passage of this act every person desiring to work by himself in
rooms of coal mines in this State shall first produce satisf actor j" evi-
dence to the mine manager of the mine in which he is employed, or
desires to be employed, that he has worked at least two (2) years
with or as a practical miner. Until said applicant has so satisfied
the mine manager of the mine in which he seeks such emiDloyment
of his competency, he shall not be allowed to mine coal, unless
accompanied by some competent coal miner, until he becomes duly
qualified.
MINES AND MINING. 269
§ 2. Any violation of section one (1) of this act shall work a for-
feiture of the certificate of the manager of the mine where any sucK
party or parties are employed.
Approved June 7, 1897.
DUTIES OF INSPECTORS.
§ 1. Amends section 11 of the Acts of 1879, 18S3 and 1891, by providing that mine owners shall
comply with all the conditions and sanitary regulations required under esisting laws.
An Act to amend section elewji e [lie) of an act entitled ^'•An act to
amend section eleven [11) of an act entitled '■An act providing for tlxe
health and safety of persons employed in coalmines^'' approved May 2S,
1879, in force July 1, 187^, as amended by an act approved June 18,
1883, and an act upproved June 30, 1885, and to repjeal section two [2)
of an act entitled ^An act to require inspectors of mines to furnish in-
formation to t/ie State geologist and to provide for paying of the ex-
penses of the satne.'^'' approved June 18, 1891, approved June 15 y
1895, in force July 1, 1895.
Section 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly: That section eleven e (lie)
of the amended act of 1895, entitled "An act to amend section eleven
(11) of an act entitled 'An act providing for the health and safety of
persons employed in coal mines,' approved May 28, 1879, in force
July 1, 1879, as amended by an act apx)roved July 18, 1883, and an
act aj)proved June 30, 1885, and to repeal section two (2) of an act
entitled 'An act to require inspectors of mines to furnish information
to the State geologist and to provide for paying the expenses of the
same,' " approved June 18, 1891. approved June 15, 1895, in force
July 1, 1895, be and the 'same is hereby amended so as to read as
follows:
Section lie. It shall be unlawful for an}^ person, companj" or
corporation to operate any coal mine in this State, where more than
five men are employed at any one time, without first having complied
with all the conditions and sanitary regulations required under ex-
isting laws, anil x^aying all inspection fees provided for in this sec-
tion, and in case of the refusal of any x3erson, company, corporation,
owner, agent or operator to pay said inspection fees, after assuming
to operate a coal mine, it shall be the duty of the mine inspector in
said district, through the State's Attorney of the county or any other
attorney, in case of his .refusal promptly to act, to proceed on behalf
of the State against such person, company, CDrporation, owner, agent
or operator of said mine by injunction, without bond, to restrain said
person, company, corporation, owner, agent or operator from continu-
ing, or attempting to continue, to operate said mine or carry on a
mining business.
Approved June 7, 1897.
270 MINES AND MINING.
PAY OF MINERS, DUTIES OF INSPECTORS.
'i 1, Miners to be paid in lawful money of § 3. Penalty.
the United States.
'i 2. Duties of mine inspectors.
An Act to provide for the payment of coal miners for all coal mined
by them, and providing additional duties for mine inspectors.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the Genercd Assembly: That every person engaged
in mining coal for any coporation, company, firm or individual, shall
be X3aid in lawful money of the United States for all coal mined and
loaded into the mine car by such person for such corporation, com-
pany, firm or individual, including lump, egg, nut, pea and slack, or
such other grades as said coal may be divided into, at such price
as may be agreed upon by the respective parties.
§ 2. It shall be the dut}^ of the mine inspector to ascertain whether
or not the provisions of section one of this act are being complied
with in his district, ar-d if he shall find that any corporation, com-
pany, firm or individual are violating the provisions of section one
-of this act, it shall be his duty to at once have instituted suit in the
name of the People of the State of Illinois, in some court of com-
petent jurisdiction, for the recovery of the penalt)^ provided for in
this act, and it shall be the duty of the State's Attorney of the county
in which such suit is brought, when notified by the mine inspector, to
prosecute such suit as provided by law in other State cases.
§ 3. Every corporation, company, firm or individual violating the
provisions of this act shall be fined not less than twenty-five nor
more than two hundred dollars for each offense.
Approved June 3, 1897.
MOKTGAGES.
release of mortgage on real or personal property.
I§ 1. Amends section 8 of the Act of 1874.
An act to amend section eight (8) of chapter ninety-five {95) of the
Revised Statutes of the State of Illinois, entitled 'An act to revise
the laiv in relcdion to mortgages of real and personal property,'''
approved March 26, 1874, iii force July 1, 1874.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That section eight (8) of
chapter ninety-five (95) of the Revised Statues [statutes] of the State
of Illinois, entitled "An act to revise the law in relation to mort-
gages of real and personal property," approved March 26, 1874, in
force July 1, 1874, be amended so the same will read as follows:
OFFICIAL BONDS. 271
Eelease on margin of record.] Section 8. Every mortgagee of
Teal or personal property, his assignee of record, or other legal rep-
resentative, having received full satisfaction and payment of all such
sum or sums of money as are really due to him from the mortgagor,
^nd every trustee, or his successor in trust, in a deed of trust in the
nature of a mortgage, the notes, bonds or other indebtedness secured
thereby having been fully paid, shall, at the request of the mortga-
gor, or grantor, in a deed of trust in the nature of a mortgage, his
heirs, legal representatives or assigns, enter a release or satisfaction
upon the margin of the record of such mortgage or deed of trust in
the recorder's office, which release or satisfaction shall be attested
upon the margin of said record by the recorder of said county, and
when so attested shall forever thereafter discharge and release the
same, and shall bar all actions or suits brought or to be brought
thereupon. All releases of mortgages and deeds of trust which have
heretofore been made on the margin of record, in accordance with
the i^rovisions of this section, shall be held legal and valid, and shall
have the same force and effect as if made under the provisions of
•this section as amended.
Approved June 10, 189-7.
OFFICIAL BONDS.
SURETYSHIP.
? 1. Provides for the payment of the cost of any official bond.
An Act io authorize the payment of the cost of corporate suretyship
upon official bonds.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That the State, or any county,
township, municipality, public board or body may pay out of the
funds of said State, county, municipality, township or board the cost
■of any official bond furnished by any officer of said State, county,
township, municipality, public board or body required by the laws,
rules or regulations thereof to execute the same, in case said officer
shall furnish the same with a surety company or companies author-
ized to do business in this State under the laws thereof, said cost not
to exceed, however, one-half of one per cent, per annum on the amount
•of said bond or obligation by said surety executed.
Approved June 7, 1897.
27?
PARDONS.
PAEDONS.
STATE BOAED.
§ 1. Appointmeut and term of office.
I 2. Board to appoint clerk and stenogra-
pher— Salary.
§ 3. Rooms.
1 4. Rules and regulations— Record of pro-
ceeding's.
§ 5. Petitions and requests for pardons and
commutations to be addressed to the
Governor.
§ 6 Meeting-s of board.
2 7. Board to hear application— Report to
Governor.
§ 8. Record of report and recommendation'
to be kept in the office of the board —
Board not to act as a court of review.
i 9. Act not to deprive the Governor of the
right to hear any application in the-
case of a death sentence.
§ 10. SalaiT of members of the board— Mile-
age.
? 11. Appropriates $11,000 per annum to pay
the members of the board and the
secretary, etc.— B'ow drawn.
An Act to create a State board of pardons, and, to regulate the man-
ner of applying for pardons and commutations.
Section 1. Be it enacted hy the People of the State of Illinois,,
represented in the General Assembly : That for the purpose of pro-
viding further regulations relative to the manner of appl3'ing for
pardons, reprieves and commutations of sentences, as contemplated
in section 13, article 5 of the Constitution, there is hereby created a
board of pardons, to consist of three persons, not more than two of
whom shall belong to the same political party to be appointed by the
Governor, by and with the advice and consent of the Senate, who shall
hold office for the term of three years, respectively, and until their suc-
cessors are appointed and confirmed, except that the first members of
said board shall be appointed for terms of one, two and three years re-,
spectively, and thereafter one member shall be appointed each year.
Whenever any vacancy shall occur on said board such vacanc)' shall
be filled by the Governor for the unexpired i3ortion of the term in
the manner provided for the original appointment. The Governor
may remove any member of said board from office for misconduct,
incompetency or neglect of duty; and tw^o members of said board
shall constitute a quorum for the transaction of business.
§ 2. Said board shall appoint a clerk, whose duty it shall be to
receive, file and safely keep all papers and documents relating to par-
don cases ready for the use of said board: to keep a record of the pro-
ceedings, decisions and recommendations of said board, and to per-
form such other duties as the board may prescribe. Said clerk shall
receive a salary of $2,000 per annum, to be paid in equal monthly in-
stallments. For stenographer, $720 per annum.
§ 3. The Secretary of State shall set apart and properly furnish
a room in the State capitol for the use of said board, and shall pro-
vide all needful books and stationery required for the transaction of
their business.
PARDONS, 273
§ 4. Said board of x^ardons shall make all such rules and regula-
tions for the orderly conduct of their business as may be deemed
necessary. They shall cause proper records to be kejot in their office
of their acts and proceedings, and shall hear all applications for par-^
dons and for the commutations of sentences in the order in which
they are filed; but they shall have power to take up any application
out of its regular order where the exigencies of the case may re-
quire it.
§ 5. All petitions and requests for ]pardons and commutations
shall be addressed to the Governor, as heretofore, and as to form, ac-
companying statements, publication of notice, etc., shall be governed
by the act of May 31, 1879, entitled "An act to regulate the manner
of applying for pardons, reprieves and commutations," except that
the three weeks' notice provided in that act to be given shall have
reference to the hearing before the board of pardons, and not the
Governor; and every such petition or request shall, before its actual
presentation to the Governor, be filed and kept in the office of the
board of pardons for the preliminary action of said board as contem-
plated by this act.
§ .6. The regular meetings of said board of pardons shall be held
on the second Tuesdays of the months of January, April, July and
October in each year, and the members may be called in special
meetings at any time at the summons of the Governor or the chair-
man of the board.
§ 7. Said board of pardons shall, upon due public notice, give a
full hearing to each application for pardon or commutation tiled
with 4t, allowing representation by counsel, if desired, after which
they shall, without publicity, rnake report upon each case to the
Governor, accompanying such report with the original petition and
all accompanying papers and documents, and in such report shall be
embodied the conclusions and recommendations of the board, with
their reasons therefor briefly stated, not less than two members con-
curring therein; but this shall not deprive the third member of the
right to file a dissenting recommendation with the Governor. Such
reiDort of the board to the Governor shall be advisory to him in his
constitutional action upon the case.
§ 8. A full record of the report and recommendation made in
each case shall be kept in the office of said board of pardons. Said
board shall in no case assume to act as a court of review to pass upon
the correctness, regularity or legality of the proceedings in the trial
court which resulted in conviction, but shall confine itself to a hear-
ing and consideration of those matters only which properly bear
upon the propriety of extending clemency by the Governor in the
case
§ 9. Nothing in this act shall be construed as depriving the Gov-
ernor of the right to hear any application made directly to him for a
reprieve in the case of a death sentence where the exigencies of the
case require such reprieve, in order to give the said board of pardons
the time and opportunity to properly investigate the case.
-18
274 PAEKS.
§ 10. Each member of said board shall receive a salary of $2,000
per annum, payable in equal monthly installments, together with
five cents per mile for every mile traveled in going to and returning
from the meetings of the board, but no other fee, allowance or per-
quisite whatever.
§ 11. The sum of $11,000 per annum, for the two years beginning
July 1, 1897, is hereby appropriated out of any money in the treas-
ury, not otherwise appropriated, to provide for the salaries and mile-
age of the members of said board and the salary of the secretary
and necessary incidental expenses of the secretary's office, and the
Auditor of Public Accounts is hereby authorized and instructed to
draw his warrant on the treasury for the allowance of said salaries
and expenses upon the presentation of proper vouchers ai^proved by
the Governor, equal monthly installments.
Approved June 5. 1897.
PARKS.
BOUNDAEIES OF LINCOLN PARK.
§ 1. Amends section 20 of the Act of 1869. § 2. Emerg-ency.
§ 20. Governor to appoint 7 commissioners
— Term of office.
An Act to amend section 20 of an act to fix the boundaries of Lin-
coln Park in the city of Chicago, and provide for its improvement,
approved February 8, 1869.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That section twenty of an
act to fix the boundaries of Lincoln Park in the city of Chicago, and
provide for its improvement, approved February 8, 1869, be amended
to read as follows:
Section 20. That the Grovernor shall nominate, and by and with
the advice and consent of the Senate, appoint, seven (7) commission-
ers of Lincoln Park, and who shall hold such office for five years
and until their successors are duly appointed and qualified; no mem-
ber of said board shall receive any compensation for his services.
§ 2. Whereas, An emergency exists requiring this act to take
immediate effect, therefore be it enacted that this act shall take
effect from and after its passage.
Approved June 8, 1897.
PARKS AND BOULEVAEDS. 275
PARKS AND BOULEVARDS.
BONDS FOE COMPLETION.
§ 4. Sinking fund.
§ 5. Purchase of bonds.
i 1. Corporate authorities may issue bonds.
§ 2. Bonds— How issued,
i 3. Interest on bonds.
An Act to authorize the corporcde authorities of toivns to issue bonds
for the completion and improvement of puhlic partes and boule-
vards, and to provide a tax for the payment of the same.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented in the Genercd Assembly : That in any town which is
now included within the limits of any city in this State, where the
boundaries and limits of any such town are co-extensive with the
boundaries and limits of any park district in which a board of park
commissioners shall now exist having authority by law to acquire,
hold, improve and maintain land and the appurtenances in trust for
the inhabitants of such town, and of a division or part of such city,
and for such parties or persons as may succeed to the rights of such
inhabitants, and. for the public, as a x^ublic jpromenade and pleasure
ground and ways, but not for any other use or purpose without the
consent of a majority, by frontage, of the owners of the property of
the same, and without the power to sell, alienate, mortgage or en-
cumber the same, the corporate authorities of such town (meaning
the town supervisor, clerk and assessor thereof,) shall have authority,
and such cor^^orate authorities of any such town are hereby empow-
ered, upon the written request to that effect of any board of park
commissioners, or the successors thereof, which shall now exist with-
in any such town, to issue bonds in the name of such town to an
amount not exceeding, in the aggregate, the principal sum of three
hundred thousand dollars, and such bonds, when so issued by sucn
corporate authorities, shall be delivered to such board of park com-
missioners, to be by them sold in the manner hereinafter provided,
and the proceeds thereof used for the improvement and completion
of all the parks and of any land now held, controlled and maintained
by any such board of park commissioners for park and boulevard
purposes: Provided, that the total indebtedness of such town, in-
cluding the said sum of three hundred thousand dollars hereby
authorized to be issued, shall not exceed five per centum of the value
of the taxable x>roperty of such town, as ascertained by the last as-
sessment for State and county taxes previous to issue of any such
bonds. And such corporate authorities of any such town shall, in
addition to the amount of any tax now authorized by law to be levied
and collected for park and boulevard x^urposes in any such town, levy
and collect annually a tax not to exceed one and one-half mills on
the dollar upon the taxable property in any such town, according to
the valuation of the same as made for the purposes of State and
county taxation, such tax to be used and expended by such board of
park commissioners in governing, maintaining and improving such
276 PARKS AND BOULEVARDS.
parks and boulevards or pleasure ways and in paying the interest
and principal of such bonds and other necessary and incidental ex-
penses incurred in and about the management of any guch parks and
boulevards. Neither the bonds hereby authorized to be issued for
the iDurpose aforesaid, nor the proceeds thereof, shall be used by such
board of park commissioners for any other purpose than the im-
provement of the lands now held, controlled and maintained by such
board of park commissioners, but all of the proceeds of the sale of
such bonds shall be used and expended exclusively in the improve-
ment of the lands acquired and maintained by any such board of
park commissioners.
§ 2. Such bonds shall be issued by the corporate authorities of
such town, as aforesaid, in the name of said town, upon the request,
in writing, of any such board of park commissioners or a majority of
the members thereof. Said bonds shall be signed by the said cor-
porate authorities in the name of said town, and when so signed shall
be delivered by such corporate authorities to such board of park com-
missioners, who shall, before disposing of the same, endorse upon
each one of such bonds a certificate to the effect that such bonds have
been issued by the corporate authorities of such town upon the re-
quisition of such board of park commissioners for the issue of such
bonds by the corporate authorities of such town. And such certifi-
cate, so to be endorsed upon each one of such bonds, shall be evidence
that due requisition for the issue of guch bonds has been made by
such board of park commissioners ujpon the corporate authorities of
such town, as aforesaid. Such certificate, so to be endorsed upon
said bonds, shall be signed by the president, treasurer, auditor and
secretary of such board of park commissioners. The said bonds may
be of the denomination of twenty-five dollars, and of any multiple
thereof. They shall bear interest at a rate not exceeding five per
centum per annum, to be paid semi-annually, and to be evidenced by
coupons thereto attached, and the principal shall be payable at such
place and at such time, not exceeding twenty years from the date of
the issue of such bonds, as such board of park commissioners may
determine. Such bonds shall be numbered in regular series and shall
be registered upon the records of such board of park commissioners,
which registry shall show the number of the bonds, the amount of
each bond, when the same is payable, to whom the same shall be pay-
able, and the rate of interest payable thereon:
Provided, lioivever, that such bonds may be made payable to bearer
or to the order of such person or persons as may be named therein,
and when any such bonds shall be made payable to bearer, they shall
pass b}^ delivery, and provision shall be made by such board of park
commissioners for the second registry of such bonds in the office of
such board of park commissioners at the option of the holder and in
his name; and after a second registry of any such bonds, they, to-
gether with any bonds made payable to any particular person or per-
sons, shall pass only by endorsement and delivery. None of such
bonds shall be sold by such board of park commissioners for less
PAEKS AND BOULEVAEDS. 277
than the par value thereof and the accrued interest thereon at the
date of sale. And such board of park commissioners are hereby em-
powered to require of the treasurer of any such board a bond, with
security to be apjoroved by the circuit court of the county in which
such parks and boulevards or pleasure ways may be located, sufficient
in amount and penalty to protect and save harmless any such board
of park commissioners from loss of any money or sums of money
which may or shall, from time to time, come into the hands of the
treasurer of any such board of park commissioners from the sale of
any of the bonds issued and sold under and by virtue of the provis-
ions of this act.
Any person who shall knowingly violate, or aid and abet in the
violation, of any of the provisions of this act shall be deemed guilty
of embezzlement, and shall be liable to indictment, trial and ]punish-
ment as in other cases of embezzlement.
§ 3. For the purpose of providing for the ^Dayment of the interest
on such bonds as it falls due, and also to pay and discharge the prin-
cipal thereof as the same shall mature, any such board of park com-
missioners are hereby required each year to appropriate from any
annual park tax not heretofore specifically appropriated by law,
which may now or hereafter be authorized and directed to be levied
uiDon the taxable property in any such town, whether the same be
known as "lioulevard and park tax" or otherwise, a sum sufficient to
meet the interest upon such bonds as it may accrue, and to provide a
sinking fund for the purpose hi paying the princix)al of such bonds
as they shall mature or become due according to the provisions of
this act.
§ 4. Any and all bonds which shall be issued in accordance with
the provisions of this act shall contain the condition that, upon the
expiration of five years after the date of such bonds, and each suc-
cessive year thereafter such board of park commissioners shall, at
an open meeting of the board of such park commissioners, select by
lot so many and such an amount of such bonds as may be required
to absorb the sinking fund hereinbefore provided, and the principal
of the bonds so selected shall become due and payable at the date of
the next installment of interest maturing on the several bonds so
selected from time to time, and shall cease to bear interest after they
severally become due and payable by reason of such selection.
Such board of park commissioners, immediately after making
such selection, shall make and sign in duplicate a statement of the
result thereof, and shall file one copy thereof in the office of the
town clerk of such town, and the other copy shall be filed in the
office of the county clerk of the county in which any such town
shall be located ; and it is hereby made the duty of such board of
park commissioners to pay and discharge the principal of the bonds
selected at the date of the next installment of interest maturing on
the bonds so selected from the sinking fund hereinbefore provided
for that purpose.
278 PENITENTIARIES.
§ 5. Any such board of x^^^^k commissioners is hereby empowered,
after the expiration of one year, and at any time before five years
from the date of any bonds authorized to be issued according to the
provisions of this act, to purchase a sufficient number and amount
of such bonds then outstanding as will absorb the annual sinking
fund required by the provisions of this act: Provided, that such
board of park commissioners shall not be authorized to pay for the
bonds authorized by this section to be purchased more than the fair
market value thereof at the date of such purchase.
Appeoved June 9, 1897.
PENITENTIARIES.
§ 1. Amends section 34 of the Act of 1871 by changing the salaries of the oilicers.
An Act to amend section thirty-four (34) of an act entitled "An act
in relation to the penitentiary at Joliet,'" to 6e entitled "An act to
provide for the management of the Illinois State Penitentiary at
Joliet," approved June 16, 1871, in force July 1, 1871.
Section 1. Be it enacted by the People of ilie State of Illinois,
represented in tlie Oenercd Assembly :* That section thirty-four (34)
of an act entitled "An act in relation to the penitentiary at Joliet,"
to be entitled "An act to provide for the management of the Illinois
State Penitentiary at Joliet," approved June 16, 1871, in force July
1, 1871, be and the same is hereby amended so as to read as follows:
Section 34. The annual salaries of the officers of said peniten-
tiary shall be as follows: That of the commissioners, each $1,500.
That of the warden shall be fixed by the Governor and said commis-
sioners at such sum as they may in their discretion direct the same
to be not less than $2,500 and not to exceed $4,000. That of the
deputy warden, $1,800. That of the chaplain, $1,500. That of the
physician, $1,500. The clerks, steward, matron, assistant matron,
assistant keepers and guards, and all other employes of the peniten-
tiary shall be paid such compensation as said commissioners shall
direct.
Appeoved June 7, 1897.
PLUMBEES.
279
PLUMBERS.
LICENSE OF.
§ 1. Persons engaging in or working at the
business of plumbing in cities of
over 5.000 inhabitants to receive cer-
tificate.
§ 2. Examinations.
2 3. Board of. examiners— Term of office.
§ 4. Time and place for holding examina-
tions—Fees.
§ 5. Rules and regulations for the inspec-
tion of plumbing.
§ 6. Persons required to take examinations,
etc., shall apply to the board.
I 7.
Penalty.
Repeal.
An Act to provide for the licensing of plumbers and to supervise
and inspect plumbing.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That any person now or
hereafter engaging in or working at the business of plumbing in
cities or towns of 5,000 inhabitants or more, in this State, either as a
master plumber or employing plumber or as a journeyman plumber,
shall first receive a certificate thereof in accordance with the pro-
visions of this act.
§ 2. Any person desiring to engage in or work at the business of
plumbing, either as a master plumber or employing plumber, or as a
journeyman plumber, shall make application to a board of examiners
hereinafter provided for, and shall, at such time and place as said
board may designate, be compelled to pass such examination as to
his qualifications, as said board may direct; said examination may be
made in whole or in i^art in writing, and shall be of a practical and
elementary character but sufficiently strict to test the qualifications
of the applicant.
§ 3. That there shall be in every city, town or village of 10,000
inhabitants or more a board of examiners of plumbers, consisting of
three members, one of which shall be the chairman of the board of
health, who shall be office [ed^-o^'c/oj chairman of said board of examin-
ers; a second member, who shall be a master plumber, and a third mem-
ber, who shall be a journeyman plumber. Said second and third mem-
bers shall be appointed by the mayor and ap^Droved by the council or
by the board of trustees of said town or village within three months
after the passage of this act for the term of one j^ear from the first
day of May in the year of appointment, and thereafter annually be-
fore the first day of May, and shall be paid from the treasury of said
city, town or village the same as other officers in such sums as the
authorities may designate.
§ 4. Said board of examiners shall, as soon as may be after the
appointment, meet and shall then designate the times and places for
the examination of all applicants desiring to engage in, or work at,
the business of plumbing, within their respective jurisdiction. Said
280 PLUMBEES.
board shall examine said applicants as to their practical knowledge
of plumbing, house drainage and plumbing ventilation, and, if sat-
isfied of the competency of such a]oplicants, shall thereupon issue a
certificate to such applicant, authorizing him to engage in, or work at,
the business of plumbing, whether as master plumber, or employing
plumber, or as a journeyman plumber.
The fee for a certificate for a master plumber, or employing plumber,
shall be $5.00; for a journeyman plumber it shall be $1.00. Said
certificate shall be valid and have force throughout the State, and all
fees received for said certificates shall be paid into the treasury of
the city, town or village where said certificates are issued.
§ 5. Each city, town or village in this State having a system of
water supply or sewerage shall, by ordinance or by-law, within three
months of the passage of this act, prescribe rules and regulations for
the materials, constructions, alteration and insi^ection of all plumbing
and sewerage placed in, or in connection with, any building in such
city, town or village; and the board of health or i3roper authorities
shall further provide that no plumbing work shall be done, except in
case of repairing leaks, without a permit being first issued therefor,
upon such terms and conditions as such city, town or village, shall
prescribe.
§ 6. All persons who are required bj^ this act to take examina-
tions and procure a certificate as required by this act shall apply to
the board in the city where he resides or to the board nearest his
place of residence.
§ 7. Any person violating an}^ provisions of this act shall be
deemed guilty of a misdemeanor and be subject to a fine of not less
than five dollars ($5.00) nor exceeding fifty dollars ($50.00) for each
and every violation therefor, and his certificate may be revoked by
the board of health or proper authorities of said city, town or village.
§ 8. All acts and parts of acts inconsistent herewith are hereby
repealed.
Approved June 10, 1897.
RAILROADS. 281
RAILROADS.
CONSOLIDATION.
§ 1. Consolidation or merger of companies .
g 2. Agi'eements between railroad compan-
ies ratified and confirmed.
§3. Articles of consolidation — Term of
years.
§ 4. Emergrency.
An Act to ratijy consolidations and sales and piircJiases betioeea railroad
companies of t/ds State and railroad companies of other states, and to
conjirm in the pjurchasing companies, or in the companies formed by
sxich consolidations, as the case 7nay be, during the term of their corpo-
rate existence, and of any extensions thereof , all tlie corporate rights,
franchises, privileges and immunities sold and purchased or belonging
or pertaining to the constituent companies, and to define the terms of
the corporate existence of svch consolidated companies and to authorize
them to reneio their corporate existence.
Be it enacted hy the People of the State of Illinois, represented
in the General Assembly: Section 1. That every agreement,
whether in form of deed of sale, articles of consolidation or other-
wise, made and entered into between the first day of July in the year
Anno Domini one thousand eight hundred and seventy-four and the
first day of July, Anno Domini one thousand eight hundred and
eighty-three, by and between any railroad company organized under
the laws of this State or of this State and any other state or states
and any railroad comiDany or companies organized under the laws of
any other state or states, providing or purporting to provide for the
consolidation or merger of the capital stocks, corporate and other
franchises, privileges and property of the respective companies parties
thereto, and under which the consolidated company thereby created
or attempted to be created, or its successor or lessee, now owns, ■
controls or operates, or is in possession of, the several railway lines
of the respective companies, parties to such agreement, be and the
same is hereb}^ ratified, approved and confirmed, and all the corporate
rights, franchises, privileges and immunities of the several and re-
spective companies parties to every such agreement are hereby
granted, vested and confirmed in the consolidated company thereby
created or attempted to be created for and during the term of its
corporate existence and of any renewal thereof.
§ 2. That every agreement between any railroad company of this
State or of this State and any other state or states and any railroad
company or companies organised under the laws of any other state
or states made between the first day of July, Anno Domini one thou-
sand eight hundred and seventy-four and the first day of July, Anno
Domini one thousand eight hundred and eighty-three, and providing
or attemx^ting to provide for the purchase by any such corporations
of this State or of this State and any other state or states of the prop-
erty, corporate and other franchises, privileges and immunities of
railroad corporations of any other, state or states, and under which
any such corporation of this State or of this State and any other
282 EAILROADS.
state or states now owns, controls or operates, or is in possession of
the railroad, railroads and appurtenances sought to be conveyed, is
hereby ratified, approved and confirmed.
§ 3. That whenever in the articles of consolidation or other in-
strument creating or purporting to create such consolidated company
the term of the corporate existence of said consolidated comj)any
shall have been fixed for any term of years, not exceeding fifty years,
said term so fixed shall be held and deemed to be the lawful term of
the corporate existence of said consolidated company; and the said
consolidated company shall be and is hereby authorized to renew its
corporate existence from time to time, in such manner as shall be
provided for by law, for periods not longer than fifty years.
§ 4. Whereas, An emergency exists for the immediate taking
effect of this act, therefore the same shall take effect and be in force
from and after its passage.
Approved June 9, 1897.
HORSE AND DUMMY RAILROADS.
Amends sections 1 and 3 of the Act of 1874.
An Act to amend the title, and sections one (1) and three (5), of an
act entitled "An act in regard to horse and dummy railroads,^'
approved March 19, 1874, in force July 1, 1874.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That the title of an act en-
titled "An act in regard to horse and dummy railroads,'"' approved
March 19, 1874, in force July 1, 1874, be and the same is hereby
amended so as to read as follows, viz: "An act in regard to street
railroads."
That sections one (1) and three (3) of said act be and the same
are hereby amended to read as follows, viz. :
"Section 1. That any company which has been or shall be in-
corporated under any special or general law of this State for the
purpose of constructing, maintaining or operating any horse, dummy
or street railroad, or tramway, may enter upon and appropriate any
property necessary for the construction, maintenance and operation
of its road, and all necessary siding, side tracks and ai^purtenances,
and may, subject to the provisions contained in this act, locate and
construct its road upon or over any street, alle}^, road or highway, or
across or over or under any waters in this State, in such manner as
not to unnecessarily obstruct the public use of said street, alley, road
or highway, or interrupt the navigation of such waters."
Every corporation may operate its railroad for the transportation
of passengers and United States mail. Every such street railway
may be operated by animal, cable, electric or any other motive power
that may have been or shall hereafter be granted to it by the proper
public officers or authorities, except steam locomotive engines. The
EAILEOADS.
tracks of such street railway shall be laid as near the center of the
highwaj^ as practicable, except at curves, and when more than one
track is laid, the said track shall be laid parallel, and in such manner
as to leave a space of at least four feet between the said tracks, and
no car shall be operated with an overhang of more than twenty-two
inches outside of the outermost edge of the rail of the tracks ujpon
which said car shall be operated.
No street railroad corporation shall have the right to enter upon,
appropriate or use the whole are any j)art of the property or tracks
of another street railroad owned or used by it in the operation of its
road, except to cross the same at any necessary angle, without the
consent of the corporation whose property or tracks it seeks to use.
All street railroad corporations shall have the right to contract
with each other for the use of their respective tracks, or to lease to
each other, or to purchase from each other, any portion or the whole
of their property or tracks upon such terms and conditions as they
may agree upon for the purpose of operating the same. And every
such corporation shall have the right and authority to consolidate its
stock, property and franchises with any other like corporation: Pro-
vided, however, that no such corporation shall consolidate with any
other corporation running a parallel or competing line. In case any
such consolidation shall take place, sixty days' notice thereof shall be
given in the manner and form as prescribed in section 15, chapter 114,
of the Revised Statutes, concerning the incorporation of railroad com-
panies. All contracts, leases or purchases heretofore made by or
between such corporations shall be valid the same as if made subse-
quently to the passage of this act.
"Section 3. No such company shall have the right to locate or
construct its road upon or along any street or alley, or over any pub-
lic grounds, in any incorporated city, town or village, without the
consent of the corporate authorities of such city, town or village,
nor upon or along any road or highway, or upon any public ground
without any incorporated city, town or village, "except with the con-
sent of the county board. Such consent may be granted for any
period not longer than fifty (50) years, on the petition of the com-
pany, upon such terms and conditions not inconsistent with the pro-
visions of this act, as such corporate authorities or county board, as
the case may be, shall deem for the best interests of the public:
Provided, that no such consent shall be granted except upon the
petition of the owners of land representing more than one-half of the
frontage of the street, or so much thereof as is sought to be used for
street railroad purposes, and -s^hen the street, or part thereof, sought
to be used shall be more than one mile in extent, no petition of land
owners shall be valid unless the same shall be signed by the owners
of the land representing more than one-half of the frontage of each
mile and fractional part of a mile,, if any, in excess of the whole
miles, measuring from the initial point named in such petition of
such street or of the part thereof sought to be used for street rail-
road purposes, nor unless at least ten days' jDublic notice of the time
284 EAILROADS.
and place of presenting the petition of such company shall have
been first given by publication in some newspaper published in the
city or county where such street railroad is to be constructed, and ex-
cept upon the condition that the company will pay all damages to
owners of property abutting upon the street, alley, road, higway or
public ground upon or over which such street railroad is to be con-
structed, which they may sustain by reason of the location or con-
struction of the street railroad; the same to be ascertained and paid
in the manner provided by law for the exercise of the right of emi-
nent domain."
Every grant of authority which shall hereafter be made by ordi-
nance to lay street railroad tracks in any street or highway, which
shall be granted, without a full or strict compliance with all the re-
quirements of the law, shall be void, and any corporation acting or
attempting to act under any ordinance hereafter granted, granting
to such corporation authority to construct and operate a street rail-
road where such corporation has not strictly complied' with every
requirement of the law pertaining to such grant, may be enjoined
from exercising any rights or privileges under such void grant at the
suit of any abutting land owner: Provided, that no owner of prop-
erty fronting or abutting upon any street where it is proposed to
construct or operate a street railway shall, after having ]petitioned
the city council or other iDroper corporate authorities, as the case may
be, as required by law, be permitted to revoke or cancel siich signa-
ture to such petition after the said petition shall have been filed with
the said city council, city clerk or other corporate authority, as the
case may be.
The right to charge a fare of five cents given under any existing
ordinance or grant of right to construct or operate a street railroad,
shall remain, and such rate of fare as is now charged shall not be
lessened or increased during the life of or the remainder of the term
of such ordinance or grant; and the city council or other proper cor-
porate authorities, as,the case may be, shall have the power, without
said j)etition of land owner, to extend any ordinance heretofore
granted and now in force, granting the right to construct and operate
a street railway in any street or highway at any time before its expira-
tion, for a period not longer than fifty years, and in every ordinance
so extended for carrying passengers on the street railroad operated
under such ordinance, and where any ordinance shall be extended, the
rate of fare shall be five cents during the first twenty years of the
period of such extension. Provided, however, that the rate of fares
shall not be fixed by the said corporate authorities in any case for a
period of longer than twenty years, and the fare so fixed shall in no
case exceed five cents for a single ride within the limits of any city,
town or village; and the city council, or other proper corporate
authority, shall have the ]30wer to fix the rate of fare to be charged
in any ordinance hereafter granted: Provided, such rate shall not ex-
ceed five cents, and when the rate is so fixed it shall not be lessened by
the said city council, or other proper corporate authorities, as the case
EAILROADS. 285'
may be, at any time during a period of twenty years after the pas-
sage of said ordinance. All acts or parts of acts inconsistent herewith
are hereby repealed.
Approved June 9, 1897.
STOCKS HELD BY MINING AND MANUFACTURING COMPANIES.
§ 1. Amends section 1 of the Act of 1893 by striking out the words "now or hereafter to be
organized under any law of this State."
An Act to aufJiorize mining or manufacturing companies to oivn
and hold shares of the capital stock, and to own and hold securi-
ties of railroad companies tvhose roads shcdl connect' the different
plaiits of such mining or manufacturing companies with each
other or ivith other railroads or harbors.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That an act entitled "An act
to authorize mining or manufacturing companies to own and hold
shares of the capital stock, and to own and hold securities of railroad
companies whose roads shall connect the different plants of such
mining or manufacturing companies with each other or with other
railroads or harbors," approved on the 2 1st day of June, 1893, and in
force on the 1st day of July, 1893, be and the same is hereby amended
so as to read as follows:
Section 1. That any corporation organized, or to be organized,
under and by virtue of any law of this State for mining or manufac-
turing purposes, be and the same is hereby authorized to own and
hold shares of the ca^jital stock and to own and hold securities of
any railroad company or companies when such railroad or railroads
shall connect the different plants of such mining or manufacturing
comj)anies with each other or with other railroads or harbors: Pro-
vided, that said mining or manufacturing companies shall not be
permitted to hold stock in more than one railroad connecting the
same points.
Approved June 11, 1897.
28G
REPORMATOEY, STATE.
EEFORMATORY, STATE.
ACT TO ESTABLISH AMENDED.
§ 1. Amends sections 7, 15 and 19 of the Act
of 1891, as amended by the Act of
1893.
? 15. Power to transfer prisoners.
I 19. Prisoners provided with suitable
clothing, etc.
§ 7. Board of managers to receive $1,200
each for services.
An Act to amend sectio7is seven (7), fifteen {15), 7iineteen {19) of
an act entitled '"An act to establish the Illinois Stcde Reforma-
tory a7id making an appropriation therefor,^^ approved June 18,
1891, as amended by an act entitled an act to amend an act en-
titled "An act to establish ilie Illinois Stcde Reformatory and
making an appropriation therefor,^'' approved June 24, 1893.
Be it enacted by the People of the Stcde of Illinois, represented in
the Genercd Assembly : That sections seven (7), fifteen (15) and
nineteen (19) of said act entitled "An act to establish the Illinois
State Reformatory and making an appropriation therefor," approved
June 18, 1891, as amended by an act entitled an act to amend an act
entitled "An act to establish the Illinois State Reformatory and
making an -appropriation therefor," approved June 24, 1893, be
amended to read as follows:
Section 7. The board of managers shall receive as compensation
for their services, each of them, the sum of twelve hundred dollars
per year; said salary shall be paid out of the funds of the institu-
tion.
§ 15. The board of managers shall have the power to transfer
temporarily to the penitentiary of the proper district any prisoner
who, subsequent to his committal, shall be shown to their satisfac-
tion to have been more than twenty-one years of age, or to have been
previously convicted of crime, and may also transfer any incorrigi-
ble prisoner whose presence in the reformatory appears to be seri-
ously detrimental to the well-being of the institution. And such
managers may, by written requisition, require the return to the re-
formatory of any person who may have been so transferred. Each
prisoner so transferred to the penitentiary shall be held therein sub-
ject to such rules and regulations provided by the commissioners of
said penitentiary in harmony with this act, unless recalled to the re-
formatory, as herein provided by the board of managers.
§ 19. Upon the release of any prisoner upon parole from the re-
formatory the general superintendent shall provide him with suitable
clothing and with ten dollars in money, payable at such times and in
such installments as the general superintendent may determine, and
shall procure transportation for him to his place of employment.
The general superintendent shall make like provision for any pris-
oner discharged from the reformatory by expiration of his sentence or
EEVENUE.
ortherwise, save that he shall procure transportation for said prisoner
to his home, if within the State, or if his home is not within the
State, then to the place of his conviction.
Appeoved June 9, 1897.
REVENUE.
GENERAL LEVY FOR STATE PURPOSES.
? 2. The Governor and Auditor to compiite
the necessary rates per cent.
? 1. Provides for the levying of $3,900,000
for the year 1897; §3,000,000 for the
year 1898, "revenue," and 81,000,000
per annum for the "school" fund.
An Act to provide for the necessary revenue for State piir poses.
Section 1. Be if enacted by the People of the State of Illinois,
represented in the Genercd Assembly : That there shall be raised, by
levying a tax by valuation upon the assessed taxable property of the
State, the following sums for the purposes hereinafter set forth:
For general State purposes, to be designated "revenue fund," the
sum of three million nine hundred thousand ($3,900,000) dollars
upon the assessed value of property for the year A. D. 1897; three
million dollars ($3,000,000) upon the assessed value of iDroperty for the
year A. D. 1898, and for State school purposes, to be designated
"State school fund," the sum of one million ($1,000,000) dollars upon
the assessed taxable property for the year 1897, and the sum of one
million ($1,000,000) dollars u^Don the assessed taxable property for
the year A. D. 1898, in lieu of the two-mill tax.
§ 2. The Governor and Auditor shall annually compute the sev-
eral rates per cent, required to produce not less than the above
amounts, anything in any other act providing a different manner of
ascertaining the amount of revenue required to be levied for State
purposes to the contrary notwithstanding, and when so ascertained,
the Auditor shall certify to the county clerks the proper rates per
cent, therefor, and also such definite rates for other purposes as are
now, or may hereafter be, provided by law to be levied and collected
as State taxes, and all laws and parts of laws in conflict with this act
are hereby repealed.
Approved June 9, 1897.
288 EOADS AND BRIDGES.
ROADS AND BRIDGES.
§ 1. Amends sections 30, 31 and 32 of the ! § 32. Petition to set forth in writing: a de-
scription of the road and what pai't
thereof is to be altered, widened, nar-
rowed or vacated.
Act of 1883.
I 30. Laying out of roads— Width— Opening
— Vacated.
? 31. Altering, widening— Vacating and lay-
ing out roads — Petition— Narrowing,
etc.
An Act to amend sections thi7'ty (30) , thirty-one {31) and tliirty-two
{32) of "An act in regard to roads and bridges in counties under
toiDnship organization,''^ in force July 1, 1883.
Section 1. Be it enacted by the People of the State of Illinois,,
re'presented in the General Assembly : That sections thirty (30),
thirty-one (31) and thirty-two (32) of "An act in regard to roads and
bridges," in force July 1, 1883, be and the same are hereby amended
to read as follows:
Section 30. All x^ublic roads established under this act shall be of
the width of sixty feet: Provided, that on petition for a new road,
that if a majority of the land owners living along the line of said
road sign a petition for a less width than sisty feet, then the highway
commissioners may, when the interests of the jDublic permit, author-
ize and lay out said road of a width not less than forty feet, and roads
called public and private may be of the width in this act provided.
All public roads laid out as herein provided shall be opened within
two years from the lajnng out of same. If not opened within the
time specified, the same shall be deemed to be vacated.
Section 31. The commissioners may alter, widen or vacate any
road, or lay out any new road, in their respective towns, when peti-
tioned by any number of land owners not less than twelve, or two-
thirds of the land owners residing in such town within two miles of
the road to be altered, widened, vacated or laid out: Provided, said
commissioners may, when in their judgment the interests of the pub-
lic will permit, also narrow or reduce the width of public roads to not
less than forty feet when the same is petitioned for by a majority of
land owners along the line of said road so far as the same shall ex-
tend within the township. When possible the land so vacated by re-
ducing the width of the road shall be taken equally from both sides
of the public highway. In cases of natural obstruction upon one
side of the public highway or where the said road extends along the
right of way of any railroad, river or canal, the commissioners are
authorized to reduce the width of the road on one side only: Pro-
vided furiher, that said commissioners may also narrow or reduce
the streets in town plats not incorporated so as to leave the same not
less than sixty feet in width, on petition and under like proceedings
as herein provided in case of laying out, altering, widening, narrow-
ing or vacating roads.
Section 82. Said petition shall set forth in writing a description
of the road and what part thereof is to be altered, narrowed, widened
SCHOOLS. 289
or vacated, and, if for a new road, the names of the owners of lands,
if known, and if not known it shall be so stated, over which the road
is to pass, the points at or near which it is to commence, its general
course and the place at or near which it is to terminate.
Approved June 7. 1897.
SCHOOLS.
BOARDS OF EDUCATION IN SCHOOL DISTRICTS.
i 1. Provides for the election of boards of education in Hew of school directors.
An Act to 'provide for ihe election of hoards of education in school
districts organized under special acts o/ tJie Legislature of this
Stcde, where such school districts are maintained under tlie gen-
ercd scJicjol laws of this State and ichere tliere is no provision in
such specicd acts for the election of hoards of educcdion.
Section 1. ^e it enacted hy the Peopde of the State of Illinois,
represented in the Genercd Assenddij : That hereafter, in all school
districts in this State organized under any special law of this State,
and maintaining public schools under the general school laws of this
State, where there is no provision in said special acts creating such
special school districts, for the election of boards of education as
otherwise provided, there shall be elected in each of said special
school districts, in lieu of the school directors as now provided, a
board of education; to consist of seven members, to be elected at the
time and in the manner as now provided by the general law for the
election and qualification of boards of education in other cases:
Provided, that at the first election of such board, which shall be held
on the third Saturday in April, A. D. 1898, two of such members
shall be elected to serve one year, two to serve two years and two to
serve three years, and a president of such board shall be elected,
whose term of ofiice shall be one year: and annually thereafter there
shall be elected in said school district two members of such board,
whose term of office shall be three years, and there shall also be
elected annually thereafter a president of said board. Said board of
education, when so elected and qualified, shall have the powers of
trustees of schools in school townships as is now provided by law.
Approved June 10, 1897.
-19
290
SCHOOLS.
CLASSES FOR THE DEAF.
§ 4. When paid.
§ 5. Teachers appointed by the State' S•u^
perintendent— RemovaL
§ 1. Superintendent of Public Instruction
to grant permission for teaching deaf
persons.
g 2. Board of education or directors to make
annual report to the State Superin-
tendent.
I 3. County Superintendent to pay $150 for
the instruction of the deaf.
An Act authorizing school districts managed b>j hoards of education
or directoi'S to establish and maintain classes for the deaf in the
public schools, and authorizing payment therefor from Stcde com-
mon school funds.
'^Section 1. Be it enacted hy the People of the State of Illinois,,
represented in the General Assembly : That upon application by a
board of education, or directors, of any school district of the State to
the State Superintendent of Public Instruction, he shall grant per-
mission to such board of education, or directors, and such board of
education, or directors, shall thereupon be empowered to maintain,
as part of a public school, within its limits, one or more classes, hav-
ing an average attendance of not less than three pupils, for the in-
struction of deaf persons over the age of three and under twTenty-one
years, residents of the State of Illinois.
§ 2. Such board of education, or directors, which shall maintain
one or more classes for the instruction of the deaf, shall report to the
State Superintendent of Public Instruction annually, and as often as.
said superintendent shall direct, such facts concerning such class,
or classes, as he may require.
§ 3. The county superintendent of schools in each county is
hereby authorized and directed to apportion and pay out of the
State common school fund received by such county to the treasurer
or other financial officer of such board of education, or directors,
maintaining such class, or classes, for the instruction of the deaf, the
sum of one hundred and fifty dollars for each deaf pupil resident of
such county instructed in any such class for at least nine months
during the school year, and a share of such sum proportionate to the
term of instruction of any such pupil as shall be so instructed less
than nine months during such year. If no such class shall be main-
tained in a public school in any county, but persons residing in such
county shall attend such class in an adjoining county with the per-
mission of the county superintendent of the county not maintaining
such class, then <^aid superintendent shall pay to the financial officer
of the board of education, or directors of the district maintaining
such class the amount above specified for each pupil attending such
class in such other countJ^
§ 4. The sums provided in the next preceding section shall be
paid by such county superintendent of schools as soon as may be
after the receix3t by him of the State common school fund in each
SCHOOLS. 291
year, upon satisfactory proof being made to him by the i3resident
and the secretary or clerk of such board of education, or directors,
maintaining such class, of the number of pupils instructed in such
•class, or classes, and their residences, and the period of time each
.such pupil shall have been so instructed in such class, or classes, for
the preceding school year.
§ 5. All teachers in such classes shall be appointed by the State
Superintendent of Public Instruction upon application of the board
of education, or directors, of the school district maintaining such
class, or classes; the State Superintendent of Public Instruction to
have the power to remove such teachers for cause. No jDerson shall
Ibe appointed to teach any such class who shall not have first ob-
tained a teacher's certificate, as provided by law, and who shall not
have received specific instruction in the teaching of the deaf for a
term of not less than one year.
Approved June 11, 1897.
EASTEKN ILLINOIS STATE NORMAL.
3 1. Amends section 4 of the Act of 1895, as i -■ Emergency,
follows:
§ 4. Governor to appoint trustees — term of
office— vacancy.
An Act to amend section four (4) of an act entitled "An act to estab-
lish and maintain the Eastern Illinois State Normal School," ap-
proved May 22, T895.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That section four (4) of an
act entitled "An act to establish and maintain the Eastern Illinois
State Normal School," approved May 22, 1895, be and the same is
-hereby amended to read as follows:
Section 4. Upon the passage of this act, the Governor shall nomi-
nate, and by and with the advice of the Senate, shall appoint, five (5)
■citizens, who shall be residents of the State of Illinois, as trustees of
■of said institution, two (2) of whom shall serve for two (2) years and
three (3) for four (4) years, and until their successors are appointed
and enter on duty, and successors in each class shall be appointed in
a like manner for fo\ir (4) years: Provided, that in case of a vacancy
by death or otherwise, the Goyernor shall appoint a successor for the
remainder of the term vacated: Provided, that no two (2) members
■of said board shall be residents of any one county. The Superintend-
ent of Public Instruction shall be a trustee of said school, ex-officio.
§ 2. Whereas, An emergency exists, therefore this act shall take
<effect and be in force from and after its passage.
Approved February 18, 1897.
292 SCHOOLS.
INSPECTORS ELECTED UNDER SPECIAL ACTS.
i 1. Amends section 1 of the Act of 1893 by \ 'i 2. Emergency,
providing for the purchase of sites
for school houses. '
An Act to amend section one of "An act extending the poivers of
hoards of school inspectors elected under special acts^ approved
June 19, 1893.
Section 1. Be it enacted hy the People of the State of Illinois^
represented in the General Assembly: That section one of "An act
extending the powers of boards of school inspectors elected under
special acts," ajjproved June 19, 1893, be amended so as to read as
follows :
Be it enacted hy the People of the Stcde of Illinois, represented
in the General Assemhly : That in all cities in this State having
over 20,000 and less than 100,000 inhabitants whose schools are now
operated under special law, and where, by such law, territory outside-
of the city limits is added to the territory within the city for school
purposes, and where such school district or districts is not coexten-
sive with the township in which such city is situated, and where hy
such special law boards of school inspectors, consisting of six mem-
bers (three in each of two districts,) are elected, the provisions of
any such special law dividing such territory into two districts shall
be held to be only for the purpose of electing members of the board
of school inspectors, and for all other purposes the territory in twa
such districts shall be held to be included in one school organization,
and the board of school inspectors, in addition to the other powers^
given by such special law and the general school laws, shall have-
power to employ teachers, janitors and such other employes as such
board shall deem necessary, and to fix the amount of their compen-
sation, to buy or lease sites for school houses, with the necessary
grounds; to build, erect, lease or purchase buildings suitable for
school houses; to repair and to improve school houses, and to fur-
n'sh them with the necessary supplies, fixtures, apparatus, libraries-
and fuel, and it shall be the duty of such board to take the entire
siipirvision and control of the schools in such district or districts.
§ 2. Whereas, an emergency exists, therefore this act shall take
effect and be in force from and after its jpassage.
Approved June 11, 1897.
SCHOOLS. 293
MANUAL TRAINING DEPARTMENTS.
\ 2. Ballots received and canvassed.
§ 3. Duty of the board of education.
Election "for" or "against" the estab-
lishment of a manual department for
high schools to be called upon the
request of fifty legal voters of the
district.
An Act io provide for the esiahlisliment and maintenance of manual
training departments for high schools.
Section 1. Be it enacted hy the People of the State of Illinois,
represented in the Genercd Assembly : That uxDon the petition of not
less than fifty voters of any high school district filed with the town-
ship treasurer at least fifteen days preceding the regular election of
members of the board of education for said high school district, it
shall be the duty of said treasurer to notify the voters of said dis-
trict that an election "for" or "against" the establishment of a
manual training department for said high school will be held at the
next annual election of the board of education by posting notices of
such election in at least ten of the most public places throughout the
township for at least ten days before the day of such regular election,
which notice may be in the following form:
HiaH 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 manual
training dexoartment for the high school in town^ihip No . . . , range
No. . . The polls for said election will be oiDened at. . . o'clock and
closed at. . . o'clock of said day.
Township treasurer.
§ 2. The ballots for such election shall be received and canvassed
as in other elections, and may have on them the names of the board
of education voted for at said election.
§ 3. If a majority of the votes cast at such election shall be in
favor of establishing a manual training department for the high
school in said district, it shall be the duty of the board of education
to establish and maintain therein such department as part of the
high school.
Approved June 3, 1897.
294 SCHOOLS .
STUDY OF PHYSIOLOGY AND HYGIENE.
?. 1. Amendsthe Act of 1889 as follows: §2. Method of teaching— penalty.
That the nature of alcoholic drinks and
other narcotics and their effects on the
human system shall be taught.
An Act to amend "An act relating to the study of physiology and
hygiene in the public schools," approved June 1, 1889, in force
July 1, 1889.
Section 1. Be it enacted hy the People of the Stcde of Illinois,
represented in the General Assembly: That an act relating to the
study of physiology and hygiene in the public schools, approved
June 1, 1889, in force July 1, 1889, be amended so as to read as
follows:
That the nature of alcoholic drinks and other narcotics and their
effects on the human system shall be taught in connection with the
various divisions of physiology and hygiene as thoroughly as are
other branches in all schools under State control, or supported
wholly or in part by public money, and also in all schools connected
with reformatory institutions.
All pupils in the above mentioned schools below the second year
of the high schools and above the third year of school work, com-
puting from the beginning of the lowest primary year, or in cor-
responding classes of ungraded schools, shall be taught and shall
study this subject every year from suitable text-books in the hands
of all pupils, for not less than four lessons a week for ten or more
weeks of each year, and must pass the same tests in this as in other
studies.
In all schools above mentioned all pupils in the lowest three
primary school years, or in corresjoonding classes in ungraded schools,
shall each year be instructed in this subject orally for not less than
three lessons a week for ten weeks in each year, by teachers using
text-books adapted for such oral instruction as a guide and standard.
The local school authorities shall provide needed facilities and
definite time and place for this branch in the regular course of study.
The text-books in the pupils' hands shall be graded to the capaci-
ties of the fourth year, intermediate, grammar and high school
pupils, or to corresponding classes as found in ungraded schools.
For students below high school grade such text-books shall give at
least one-fifth their space, and for students of high school grade
shall give not less than twenty pages to the nature and effects of
alcoholic drinks and other narcotics. The pages on this subject in
a separate chapter at the end of the book shall not be counted in
determining the minimum.
§ 2. In all normal schools, teachers' training classes and teachers'
institutes adequate time and attention shall be given to instruction
in the bsst methods of teaching this branch, and no teacher shall be
licensed who has not passed a satisfactory examination in this sub-
ject and the best methods of teaching it.
SCHOOLS. 295
Any school officer or officers who shall neglect or fail to comply
with the provisions of this act shall forfeit and pay for each offense
the sum of not less than $5.00 nor more than $25.00.
Approved June 9, 1897.
TOWNSHTPS AND TEUSTEES.
§ 1. Amends section 43, of article 3, of the Act of 1S89.
An Act fo amend section 43, of article 3, 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.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the Genercd Assembly : That section 43, of article 3, 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 and
the same is hereby amended to read as follows:
Section 43. When 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 legal voters of said
township, townships or parts of townships, filed with the township
treasurers of said townships at least fifteen days preceding the regu-
lar election of trustees, it shall be the duty of said treasurers to no-
tify the voters of the township, townships or parts of townships that
an election will be held on the day of said regular election of trus-
tees for the purpose of voting "for" or "against" discontinuing the
township high school, which notice shall be given in the same man-
ner, and for the same length of time, and may be in substantially the
same form, as the notice provided for in section 38 of this article:
Provided, that in any township where a creek or river divides the
same, audit has been divided into towns with such creek or river as a
boundary line between them, and each of said towns contains a city,
and an election has been held in such township, and carried in favor
of establishing a township high school, a site for which has been se-
lected in one of said towns, and other proceedings had thereon, a
petition, signed by not less than one-fourth of the voters of such
township, as shown by the vote of the last, general election, may be
filed at any time with the township treasurer of said township for an
election for the purpose of voting "for" or "against" discontinuing
the township high school as to the town in which the site is not
located. Within ten days after the filing of a iDetition, as aforesaid,
it shall be the duty of such township treasurer to post the notices
for an election to be held according to the prayer of such j)etition;
and if the majority of the votes cast at such election shall be in
favor of discontinuing the township high school in the town where
the site has not been located, the same shall be so discontinued as
to it.
Whereas, An emergency exists, and this act shall take effect from
and after its passage.
Approved June 2, 1897.
296
SCHOOLS.
TRUANCY PREVENTED.
§ 3.
Children between the ages of 7 and 14
years to attend school.
Penalty.
Truant officers.
l 4. False statements.
§ 5. Fines and penalty, how recovered.
I 6. Repeal.
An Act to lyromote attendance of children in schools and to prevent
truancy.
Section L Be it enacted hij the People of the State of Illinois,
represented in the General Assemhhj : That every person having
control of any child between the ages of seven (7) and fourteen (14)
years shall annually cause such child to attend for at least sixteen
(lb) weeks, twelve (12) Aveeks of which attendance shall be consec-
utive some public or private school, which time, for pupils under
ten (lU) years of age, shall commence with the beginning of the
first term of the school year of such school, and not later than De-
cember 1st of said school year for pupils above the age of ten (10)
years, or as soon thereafter as due notice shall be sefved upon the
person having such control of his duty under this act: Provided
that this act shall not apply in any case when the child has been
or IS otherwise being instructed for a like period of time in each and
every year the elementary branches of education by a person or'persons
competent to give such instruction, or whose physical or mental con-
dition renders his or her attendance impracticable or inexpedient, or
record^ e^^cused for sufficient reason by any competent court of
§ 2. For every willful neglect of such duty as prescribed by sec-
.tion one (1) of this act the person so offending shall forfeit to the
use of the public school of the city, town or district in which such
child resides a sum not less than one (1) dollar nor more than five
(o) dollars and costs of suit, and shall stand committed until such
tine and costs of suit are fully paid.
§ 3. The board of education in cities, towns, villages and school
districts, and the board of school directors in school districts, shall
appoint, at the time of appointment or election of teachers each vear
one or more truant officers, whose duty it shall be to report all viola-
tions of this act to said board of education or board of directors and
to enter complaint against and prosecute all persons who shall appear
to be guilty of such violation. It shall also be the duty of said tru-
ant officer so appointed to arrest any child of school-going age that
habitually haunts public places and has no lawful occupation, and
also any truant child who absents himself or herself from school and
to place him or her in charge of the teacher having charge of anv
schoo which said child is by law entitled to attend, and whidi school
shall be designated to said officer by the parent, guardian or person
having control of said child. In case such paren", guardian or per-
son shall designate a school without making or having made arrange-
ments for the reception of said child in the school so designated, or
m case he refuses or fails to designate anv school, then such truant
SLANDER AND LIBEL. 297
officer shall lAace such child in charge of the teacher of the i^ublic
school. And it shall be the duty of said teacher to assign said child
to the proper class and to instruct him or her in such studies as he
or she is fitted to pursue. The truant officer so appointed shall be
entitled to such compensation for services rendered under this act as
shall be determined by the boards appointing them, and which com-
pensation shall be i3aid out of the distributable school fund: Provided,
that nothing herein contained shall prevent the parent, guardian or
person having charge of such truant child which has been placed in
any school by the truant officer to thereafter send said child to any
other school which said child is by law entitled to attend.
§ 4. Any person having control of a child who, with intent to
evade the provisions of this act, shall make a wilfuUv false statement
concerning the age of such child, or the time such child has attended
school, shall, for such offense, forfeit a sum of not less than three ($3)
dollars nor more than twenty ($20) dollars for the use of the public
schools of such city, town, village or district.
§ 5. Any fine and X3enalty mentioned in this act may be sued for
and recovered before any court of record or justice of the peace of
the proper countj^ in the name of the People of the State of Illinois
for the use of the public schools of the city, town, village or district
in which said child resides.
§ 6. An act entitled "An act concerning the education of chil-
dren," approved June 19, 1893, in force July 1, 1893, is hereby re-
pealed.
Approved June 11, 1897.
SLANDER AND LIBEL.
IN RELATION TO LIBEL.
§ 1. Repeals Act of 1 95.
An Act repealing an act entitled ''An act in relation to libel," ap-
proved June 24, 1895, in force July 1, 1895.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the Genercd Assei%bly : That an act entitled "An act
in relation to libel," approved June 24, 1895, be and the same is
hereby repealed.
Approved June 14, 1897.
298 TRUSTS AND COMBINES.
TEUSTS AND COMBINES.
POOLS, TRUSTS AND COMBINES PROHIBITED.
? 1. Amends section 1 of the Act of 1891.
An Act to amend section one of an act entitled "An act to provide
for tlie punishment of persons, joartner ships, or corporations
forming pools, trusts and combines, and mode of procedure and
rules of evidence in such cases," approved June 11, 1891, in force
July 1, 1891.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the Genercd Assembly : That section one of an act
entitled "An act to ]3rovide for the punishment of iDersons, partner-
ships, or corporations forming pools, trusts and combines, and mode
of procedure and rules of evidence in such cases," ai3proved June 11,
1891, in force July 1, 1891, be amended to read as follows: If any
corporation organized under the laws of this or any other state or
country for transacting or conducting any kind of business in this
State, or any partnership or individual or other association of per-
sons whosoever, shall create, enter into, become a member of or a
party to any pool, trust, agreement, combination, confederation or
understanding with any other corporation, x^artnership, individual or
any other person or association of iDersons, to regulate or fix the XDrice
of any article of merchandise or commodity, or shall enter into, be-
come a member of or party to any pool, agreement, contract, combina-
tion or confederation to fix or limit the amount or quantitj'^ of any
article, commodity or merchandise to be manufactured, mined, iDro-
duced or sold in this State, such corporation, partnership, or indi-
vidual or other association of persons shall be deemed and adjudged
guilty of a conspiracy to defraud and be subject to indictment and
punishment as jjrovided in this act: Provided, however, that in the
mining, manufacture or production of articles of merchandise, the
cost of which is mainly made u]p of wages, it shall not be unlawful
for jDersons, firms or corporations doing business in this State to
enter into joint arrangements of any sort, the principal object or
effect of which is to maintain or increase wages.
Approved June 10. 1897.
UNITED STATES. 299
UNITED STATES.
JURISDICTION OVEE CERTAIN LANDS.
? 1. Jurisdiction of lands and their appur- ' 2. Emergency,
tenances ceded to the United States
of America.
An Act ceding fo ihe United States of America the jurisdiction over
certain lands and their appurtenances for the Nationcd Home for
Disabled Volunteer Soldiers, and exempting the same from taxa-
tion.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented in the Genercd Assembly : That jurisdiction of the lands
and their appurtenances, which may be acquired by donation or pur-
chase by the managers of the national home for disabled volunteer
soldiers, within the State of Illinois, for the uses and purposes of
the said home, be and is hereby ceded to the United States of Amer-
ica: Provided, hoioever, that all civil or criminal process issued un-
der the authority of the State of Illinois, or any officer thereof, may
be executed on said lands and in the buildings which may be located
thereon, in the same manner as if jurisdiction hhd not been ceded as
aforesaid, and the officers, employes and inmates of said home who
shall be qualified voters of the State, by complying with the require-
ments of the laws that now are in operation, or that hereafter may be
enacted, regulating State, county and town elections in this State,
shall have the right of suffrage at all town, county and State elec-
tions in the town in which said national home shall be located.
§ 2, This act to take effect and be in force from and after its
passage.
Approved June 11, 1897.
^00
WAREHOUSES.
WAREHOUSES.
Paragraph 7. Compensation of chief
grain inspectors and assistants fixed
by board of railroad and •warehouse
commissioners .
Paragraph 8. Board of commissioners
to appoint a warehouse registrar and
assistants.
Paragraph 9. Board of commissioners
to exercise a g-eneral supervision and
control of appointees.
Paragraph 10.
Paragraph 11.
Removal of appointees.
Expenses.
g 1. Amends section 14 of the Act of 1871.
■'i 14. Paragraph 1. Governor to appoint
chief grain inspector.
Paragraph 2. Duties of chief grain
inspector.
Paragraph 3. Assistant inspectors.
Paragraph 4. Chief inspector to exe-
cute a bond.
ParagTaph 5. Assistant inspectors to
execute a bond.
Parag-raph 6. Railroad and warehouse
commissioners to make rules and
regulations.
An Act to amend section 14 of an act entitled "An act to regulaie
public ■warehouses, and the ivarehousing and inspection of grain,
and to give effect to article XIII. of the Constitution of this State, .'
approved April 25, 1871, in force July 1, 1871, and to provide for
revenue and the payment of t lie expenses of tlie same.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That section 14 of an act en-
titled "An act to regulate public warehouses, and the warehousing
and inspection of grain, and to give effect to article XIII of the Con-
stitution of this State," approved April 25, 1871, in force Jul3^1, 1871,
be and the same is hereby amended so as to read as follows:
Section 14, Paragraph 1. It shall be the duty of the Governor to
appoint, by and with the advice and consent of the Senate, a suitable
person, who shall not be a member of the board of trade and who
shall not be interested either directly or indirectly in an 3^ warehouse
in the State, a chief inspector of grain, who shall hold his office for
a term of two years, unless sooner removed, as hereinafter provided
for, in every city or county in which is located a warehouse of class
A or class B: Pi-ovided, that no such grain inspector for cities or
counties in which are located warehouses of class B shall be appoint-
ed, except upon the recommendation of the board of railroad and
warehouse commissioners, and such recommendation shall be made
only upon a request for such action by the county commissioners or
board of supervisors of the county in which such warehouses are
located: and in cities or counties wherein an inspector may be ap-
pointed no ijerson other than such dul}" appointed inspector, or those
authorized as assistant inspectors, shall inspect or grade any grain
without being liable to the penalties provided in section 20 of said
act.
Paragraph 2. It shall be the duty of such chief inspector of grain
to have a general sux^ervision of the inspection of grain, as required
by this act or laws of this State, under the advice and immediate di-
rection of the board of commissioners of railroads and warehouses.
WAREHOUSES. 301
Paragraph 3. The said chief inspector shall be authorized to nomi-
nate to the commissioners of railroads and warehouses such sviitable
persons in sufficient number as may be deemed qualified for assistant
inspectors, who shall not be members of the board of trade nor inter-
ested in any warehouse, and also such other employes as may be nec-
essary to properly conduct the business of his office; and the said
commissioners are authorized to make such appointments.
Paragraph 4. The chief inspector shall, upon entering upon the
duties of his office, be required to take an oath as in cases of other
officers, and he shall execute a bond to the people of the State of Illin-
ois in the penal sum of fifty thousand dollars when appointed for
any city in which is located a warehouse of class A, and ten thousand
dollars when a^opointed for any other city or county, with sureties to
be approved by the board of commissioners of railroads and ware-
houses, with a condition therein that he will faithfully and strictly
discharge the duties of his said office of inspector according to law^
and the rules and regulations prescribing his duties; and that he will
pay all damages to any person or persons who" may be injured by rea-
son of his neglect, refusal or failure to comply with law and the rules
and regulations aforesaid.
^Paragraph 5. And each assistant inspector shall take a like oath,
execute a bond in the penal sum of. five thousand dollars, with
like conditions and to be approved in like manner as is pro-
vided in case of the chief inspector, which said several bonds
shall be filed in the office of said commissioners; and suit may
be brought upon said bond or bonds in any court having jurisdiction
thereof, in the county where the plaiiitifF or defendant resides, for
the use of the person or persons injured.
Paragraph 6. The chief inspector of grain, and all assistant in-
spectors of grain and other employes in connection therewith, shall
be governed in their respective duties by such rules and regulations
as may be prescribed by the board of commissioners of railroads and
warehouses; and the said board of commissioners shall have full
power to make all proper rules and regulations for the inspection of
grain, and shall, also, have power to fix the rate of charges for the
inspection of grain and the manner in which the same shall be col-
lected, which charges shall be regulated in such manner as will, in
the judgment of the commissioners, produce sufficient revenue to
meet the necessary expenses of the service of inspection, and no
more.
Paragraph 7. It shall be the duty of the said board of commis-
sioners to fix the amount of compensation to be paid to the chief in-
spsctor, assistant inspectors and all other persons employed in the
inspection service, and prescribe the time and manner of their pay-
ment.
Paragraph 8. The said board of commissioners of railroads and
warehouses are hereby authorized to appoint a suitable person as
warehouse registrar and such assistants as may be deemed necessary
to perform the duties imposed upon such registrar by the provisions
of this act.
S02 WAREHOUSES.
Paragraph 9. The said board of commissioners shall have and ex-
ercise a general supervision and control of such appointees, shall pre-
scribe their respective duties, shall fix the amount of their comiDen-
sation and the time and manner of its payment.
Paragraph 10. Upon the complaint in writing of any person to
the said board of commissioners, supported by reasonable and satis-
factory proof, that any person appointed or employed under the i3ro-
visions of this section has violated any of the rules prescribed for his
government, has been guilty of any improper official act, or has been
found insufficient or incompetent for the duties of his position, such
person shall be immediately removed from his office or employment
by the same authority that appointed him, and his place shall be
filled, if necessary, by a new appointment; or, in case it shall be
deemed necessary to reduce the number of persons so appointed or
employed, their term of service shall cease under the orders of the
same authority by which they were appointed or employed.
Paragraph 11. All necessary expenses incident to the inspection
of grain, and to the office of registrar, economically administered, in-
cluding the rent of suitable offices, shall be deemed expenses of the
inspection service and shall be included in the estimate of expenses
of such inspection service, and shall be paid from the funds collected
ior the same.
Approved June 7, 1897.
2 1. Amends section 6, Act of 1871, by giving to owners of warehouses the right to store or
mix their grain with the grain of others and giving to the railroad and warehouse
commissioners authority to make rules and regulations concerning the handling,
storing, etc., of grain in warehouses of class A.
An Act to amend section six [6) of '■'■An act to regulate public icarehouses
and the ivarehousing and inspection of grain, and to give effect to article
thirteen {13) of the Constitution of this State,^^ approved April 25, 1871,
in force July 1, 1871.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That section six of "An act to
regulate public warehouses and the warehousing and inspection of
grain, and to give effect to article thirteen of the Constitution of this
State," be amended to read as follows:
Section 6. It shall be the duty of every warehouseman of class A
to receive for storage any grain that may be tendered to him in the
usual manner in which warehouses are accustomed to receive the
same in the ordinary and usual course of business, not making any dis-
crimination between persons, or between himself as the owner of
grain stored in such house and other persons desiring to avail them-
rselves of warehouse facilities, such grain in all cases to be inspected
WAEEHOUSES. 303
and graded by a duly authorized inspector, and to be stored with
grain of a similar grade received at the same time as near as may be.
In no case shall grain of different grades be mixed together while in
store; but if the owner or consignee so requests, and the warehouse-
man consent thereto, his grain of the same grade may be kept in a
bin by itself, apart from that of other owners, which bin shall there-
upon be marked and known as a "separate bin." If a warehouse re-
ceipt be issued for grain so kept separate, it shall state on its face
that it is in a separate bin and shall state the number of such bin,
and no grain shall be delivered from such warehouse unless it be in-
spected on the delivery thereof by a duly authorized inspector of
grain. Nothing in this section shall be so construed as to require
the receipt of grain into any warehouse in which there is not sufficient
room to accommodate or store it i^roperly, or in cases where such
warehouse is necessarily closed.
The proprietors, lessees or managers of public warehouses of class
A may store in any such warehouses owned, leased or managed by
them grain of their own and mix it with the grain of others of like
grade stored therein, and may purchase warehouse receipts represent-
ing grain on store in such warehouses owned, leased or managed by
them; but when any such proprietor, lessee or manager shall desire
to so store and mix his own grain in any such warehouse or ware-
houses owned, leased or managed by him, or to purchase receipts for
grain on store therein, he shall so inform the chief inspector of grain
of the county in which such warehouse or warehouses are located,
and said chief inspector shall thereupon place and keep in such
warehouse or warehouses, whenever necessary so to do, one or more
assistant inspectors, who shall, in addition to their usual duties as
assistant inspectors, have general supervision over the storing and
care of the grain stored in such warehouse or warehouses under such
rules and regulations as shall be made by the railroad and warehouse
commissioners; and said commissioners are hereby invested with full
power and authority to make all rules and regulations concerning
the storing, handling and delivery of grain in warehouses of class A,
in which the jDroprietors, lessees or managers thereof store their own
grain, as may in their opinion be necessary to lorevent any fraud upon
or discrimination against other depositors of grain in their said ware-
houses and to prevent any proprietor, lessee or manager of such
warehouses from securing to himself as the owner of grain stored
therein any benefit or advantage over any other depositor of grain
stored in such warehouse or warehouses.
Appeoved May 26, 1897.
304 WILLS.
WILLS.
? 1. Amends section 6 of the Act of 1872.
An Act io amend section 6 of an act entitled ''An act in regard tcf
ivills," ((pproved 2Iarcti 20, 1872, in force July 1, 1872.
Section 1. Be it enacted by tlie People of tlie State of Illinois,
represented in tJie Genercd Assembly : That section 6 of an act en-
titled "An act in regard to wills" be amended so as to read as follows:
§ 6. In all cases where any one or more of the witnesses of any
will, testament or codicil, as aforesaid, shall die, be insane, or remove
to parts unknown to the parties concerned, so that his or her testi-
mony can not be procured, it shall be lawful for the county court or
other court having jurisdiction of the subject matter to admit proof
of the handwriting of any such deceased, insane or absent witness,
as aforesaid, and such other secondary evidence as is admissible in
courts of justice to establish written contracts generally in similar
cases, and may thereupon proceed to record the same as though
such will, testament or codicil had been proved by such subscribing
witnesses in his, her or their proper persons.
Appeoved June 3, 1897.
PROBATE OF.
I 1. Persons desiring- to have will probated to file a petition in the probatelconrt— Clerk of
county court to send copy of petition to all parties interested.
An Act in relcdion to tlie probrde of loills.
Section 1. Be it enacted by the People of the Stcde of Illinois,
represented, in tlie Genercd Assembly : That before any will shall be
admitted to probate, the person desiring to have the same probated
shall file a j)etition in the probate court of the proper county asking
that said will be admitted to probate, which petition shall state the
time and place of the death of the testator and the place of his resi-
dence at the time of his death, also the names of all the heirs-at-law
and the legatees, with the place of residence of each, when known,
and when unknown the petition shall so state, and the said petition
shall be verified by the afiidavit of the petitioner. And thereupon
the clerk of said county court shall send by mail to each of said
IDarties a copy of said petition within 5 days after the filing thereof,
and not less than 20 days prior to the hearing on said petition.
And in case the postofiice address of any of said parties is not shown
by the said petition, then publication shall be made for at least three
weeks before the day set for the hearing in a newspaper of general
circulation published in the county where said will is to be offered
for probate, which publication notice shall contain the name of the
testator, the heirs-at-law and legatees, when known, the time and
place where said will is to be offered for probate: Provided, that in
WILLS. 305
case a petition is not filed and a will has been deposited in said
county court for the space of 10 days, then it shall be the duty of
the county court to proceed to probate said will without petition
being filed, but only after having caused publication and notice of
the intention to probate said|will to be given to the parties in inter-
est as to the court may seem proper.
Approved June 3, 1897.
—20
306 ' JOINT RESOLUTIONS.
JOINT RESOLUTIONS.
ADDITIONAL COMPENSATION TO ELEVATOR CONDUCTORS.
Whereas, In consideration of the arduous duties pei-formed by the elevator
conductoi's during the sittings of the General Assembly, it has always here-
tofore been customary to provide for an increase in the per diem of the per-
sons so assigned to the elevator service, said persons being borne on the pay-
rolls at the per diem of two dollars per day only, and
Whereas, J. F. Davidson, Frank Turney, C. E. Crum, Dick Barton, W.
H. Myers and John Benjamin have been engaged in the performance of the
duties aforesaid at the per diem hereinbefore mentioned, and are therefore
entitled to receive the additional compensation allowed to employes assigned
to the elevator service, on account of the arduous duties, and also on account
of the hazard and danger incident thereto; therefoi-e, be it
Resolved, by the Senate, the House of Representatives concurring therein: That
for the purpose of paying said indebtedness the Auditor of Public Accounts
be, and he is hereby authorized, to compute the aggregate of said indebted-
ness to the before mentioned persons, severally, for services rendered by
them during this present session, at the rate of one dollar per day in addition
to the per diem hereinbefore mentioned and referred to; and that he is au-
thorized and directed to draw his warrant in their favor, severally, for such
sum as may respectively be due them hereunder, and the State Treasurer
shall paj' the same out of any moneys not otherwise appropriated.
Adopted by the Senate May 25, 1897,
Concurred in by the House of Representatives, 1897.
ADDITIONAL OFFICERS OF THE GENERAL ASSEMBLY,
Resoloecl, by the Senate, the House of Representatives concurrinq herein: That
the enrolling and engrossing clerks as named in section 3 of an act entitled,
"An act to provide for the election and appointment of the officers and em-
ployes of the Greneral Assembly of the State and to fix their compensation,"
approved Maj^ 28, 1877, in force July 1, 1877, and the second and third assist-
ant seeretarj' of the Senate, the reading clerk, stenographers, and tj^pewriters,
bill clerk, messenger and telephone attendaut in the ofiices of the secretary
of the Senate and the clerk of the House, and such eommitte clerks as may be
granted extra time or compensation, be and are hereby declared officers of
the General Assembly, and shall receive their pay as such.
Adopted by the Senate June 4, 1897.
Concurred in by the House of Representatives, 1897,
JOINT RESOLUTIONS. 307
ADJOURNMENT FROM JANUARY 7 TO JANUARY 11.
Mesolved, by the House of Bepreseritatives the Senate concurring herein: That
when the two houses adjourn on Thursday, Jauuaiy 7, A. D. 1897, they stand
adjourned until 9 o'clock a. m., on Mondaj^ January 11, 1897.
Adopted by the House January 7, 1897.
Concurred in by the Senate January 7, 1897.
ADJOURNMJENT PROM JANUARY 20 TO JANUARY 25/
Besolved, by the Senate, the House of Rejn'esentatives concurring herein: That
when the Senate and House of Representatives adjourn to-day, they stand
-adjourned until 5 o'clock p. m,, Monday, Januaiy 25, 1897.
Adopted by the Senate January 20, 1897.
Concurred in by the House of Representatives, 1897.
ADJOURNMENT FROM FEBRUARY 11 -TO FEBRUARY 15.
Besolved, by the Senate, the House of Bepresentatives concurring herein: That
when the two houses adjourn on Thursday, February 11, 1897, they stand ad-
journed until 5 o'clock p. m., Monday, February 15, 1897.
Adopted by the Senate February 11, 1897.
Concurred in by the House of Representatives February 11, 1897.
ADJOURNMENT FROM FEBRUARY 19 TO FEBRUARY 2i.
Besolved, by the House of Bepresentatives, the Senate concurring therein: That
when the two houses adjourn on Friday, February 19, 1897, they stand ad-
journed until Tiiesday, February 23, 1897, at 10 o'clock a. m.
Adopted by the House February 19, 1897.
Concurred in by the Senate February 19, 1897,
ADJOURNMENT FROM APRIL 2 TO APRIL 7.
Besolved, by the Senate, the House of Bepresentatives concurring herein: That
when the two houses adjourn on Friday, April 2, 1897, they stand adjourned
iintil Wednesday April 7, 1897, at 10 o'clock a. m.
Adopted by the Senate March 31, 1897.
Concurred in by the House of Representatives, 1897.
ADJOURNMENT FROM APRIL 16 TO APRIL 21.
Besolved, by the Senate, the House of Bepresentatives concurring herein : That
when the two houses adjourn on Friday, April 16, 1897, they stand adjourned
mntil Wednesday, April 21, 1897, at 10 "o'clock a. m.
Adopted by the Senate April 14, 1897.
■Concurred in by the House of Representatives, 1897.
308 JOINT RESOLUTIONS.
ADJOURNMENT SINE DIE.
Resolved, bjj the House of Hepresentatives, the Senate concurrinci therein: That
when the two houses adjourn on the -ith day of June, A. D., 1897, that they
stand adjourned without day.
Adopted by the House April 21, 1897.
Amended and concurred in by the Senate May 14, 1897.
Amendments concui-red in by the House May 19, 1897.
CANVASS OF ELECTION RETURNS.
Mesolved, hij the House of Hepresentatives, the Senate concurring herein: That:
the two houses shall meet in joint session in the hall of the House of Repre-
sentatives on Thursday, of the 7th day of January, A. D. 1897, at the hour of
ten (10) o'clock a. m., for the purpose of canvassing the returns of the elec-
tion for State officers held on the 3d day of November, A. D., 1896, as num-
bered by the Constitution of this 'State.
Adopted by the House January 6, 1897.
Concurred in by the Senate January 7, 1897.
CHICAGO RIVER.
Be it Resolved, hy the Senate of the State of Illinois, the House of Representa-
tives concurring therein: That the assent of the General Assembly of the State
of Illinois be, and the same is hereby given to the United States to acquire
title to. by purchase or condemnation proceedings in accordance with the
laws of the United States and this State, and to hold and possess all lands
necessary for widening the Chicago river and its branches, as provided for by
act of Congress entitled "An act making appropriations for the construction,
repair and preservation of certain public works on rivers and harbors, and for
other purposes," which became a law June 3, 1896, and the State of Illinois-
hereby cedes to the United States jurisdiction over any or all lands so ac-
quired.
Adopted by the Senate April 22, 1897.
Concurred in by the House of Representatives April 23, 1897.
COMMITTEE TO PREPARE JOINT RULES.
' Resolved, hy the Senate, the House of Representatives concurring herein: That
there be appointed a committee of seven on Joint Rules of the Senate and
House of Representatives of the Foi'tieth (ieneral Assembly, consistiiig of
three members of the Senate, and four members of the House of Represen-
tatives, who shall prepare and report to each House, Joint Rules for the regu-
lation and conduct of business between the two Houses. Committee on part:
of the Senate Messrs. Crawford, Bogardus and Hull.
Adopted by the Senate February 10, 1897.
Concurred in by the House of Representatives February 11, 1897.
JOINT RESOLUTIONS. 309
CONSTRUCTION OF WATERWAYS.
Whereas, Tlie G-eueral Assembly id 18S9 passed "Anaet to create sanitary
districts," aud provided thereunder for tlie disposal of the sewage of the city
of Chicago through the Desplaines and Illinois rivers by means of a canal
across the Chicago Divide of such capacity as to dilute the sewage beyond
offense, and such sewage disposal was granted on the condition that said chan-
nel should be so constructed as to form part of a navigable waterway be-
tween Lake Michigan and the Mississippi river, and on the theory that to
produce a waterway of magnitude, as demanded by modern conditions, re-
quired a large and constant volume of water flowing through the Illinois
river: and further, it was provided that the State dams at Henry and Cop-
peras creek should be removed before the said waters should be turned
through the said canal, and the United States was requested by joint resolu-
tion to stop work on the locks and dams at -La Grange and at Kampsville,
and to enter upon the improvement of the channel from LaSalle to the mouth
of the said Illinois river, aud to develop progressively all the depth prac-
ticable by the aid of a large water suppl^^ from Lake Michigan; and,
Whereas, Under the legislation aforesaid and acts supjilemental thereto,
the works of the sanitary district of Chicago are so far advanced that the
water will be turned through the same in the year 1899, and the General
■ Government, I'egardless of the wishes of the people of this State aud of those
most immediately concerned, has completed the locks and dams at La Grange
and at Kampsville; and it is the experience of those familiar witt: the Illinois
river that the dams therein below LaSalle have produced a deterioration of
the channel and an increase of overflow, and that they should be removed
for the sanitary and agricultural benefit of the Illinois Valley, and, further-
more, that said dams will be unnecessary for navigation aud a further menace
: to the valley on the turning therein of the volume of water proposed from
Lake Michigan at Chicago; and.
Whereas, The construction of the Sanitary Canal of Chicago and the large
volume of water required to flow through the same will bring lake and river
navigation, which are now 320 miles apart, within sixty miles of each other,
and the development of the intermediate section between Lockport and Utica
will furnish a through route from the Great Lakes to the Lower Mississippi
by way of the Lower Illinois river, and to the Upper Mississippi by way of
the Hennepin Canal, and further, that the proportion of three routes con-
structed by the Sanitary District of Chicago will exceed the cost of extending
the largest useful navigation by way of the Illinois river to the Lower Miss-
issippi, together with that of the Hennepin Canal to the Upper Mississippi;
and.
Whereas. We believe the making of a deep waterway of the Illinois river,
to be an undertaking which is national in its character, and should be ac-
complished by the General Government, for the general welfare, the inland
and maritime commerce of the nation, aud for the nation's defense in time of
war; therefore, be it
Hesolved, hy the Senate, the House of Kepresentatives concurring therein:
1. That it is the policy of the State of Illinois to procure the construction
of a Wciterway of the greatest practicable depth and usefulness for navigation
fx"om Lake Michigan by waj^ of the Desplaines aud Illinois rivers to the
Low^er Mississippi river, and by way of the Hennepin Canal to the Upper
Mississippi river, and to encourage the construction of useful feeders thereto.
2. That the locks aud dams on the Illinois river at La Grange and at
Kampsville are detrimental to the sanitary and agricultural welfare of Illinois
Valley, and form no part of a proper development in the interests of naviga-
tion and should be removed whenever the supply of water as required by law is
'turned into the said river by means of the Sanitary Canal of Chicago; and said
district has removed the dams at Henry and Copperas creek; and the United
States is hereby respectfully requested to remove the said dams and to enter
upon the improvement of the alluvial portion of the Illiiiois river by means of
a system of channel improvement, so as to fully utilize the flow of water from
Lake Michigan.
310 JOINT RESOLUTIONS.
3. That the rockbound section of the Desplaines and Illinois rivers from
the end of the Sanitary Canal of Chicago, to Lockport, to the head of the al-
liTvial river at Utica, should be developed for a navigable depth of not less
than fourteen feet, and that the United States is requested to enter upon this
work in co-operation with all lawful agencies provided for in this State and m
harmony with the policy herein set forth.
• 4. That we demand the immediate removal of all dams constructed by the
Government across the Illinois river, whether the channel of the river is
deepened or not, and our Senators and Representatives in the United States
Congress, are hei'eby earnestly requested to use their influence in favor of
the removal of such dams at the earliest practical moment.
Adopted by the Senate May 27, 1897.
Concuri'ed in by the House of Representatives, 1897.
CUBAN RIGHTS.
Whereas, It is well known that a large and well organized army now ex-
ists on the Island of Cuba, which by its valor and endurance has conquered
and now holds about three-fourths of that Island, and has for nearly two ■
years resisted the whole powers of Spain, thereby earning not only the admir-
ation of our people but the further rights of belligerents; therefore
Besolred, l>y the Senate, the House concurring therein : That our Senators and
Representatives in Congress be respectfully urged to use their influence and-
vote to recognize the belligerent rights of these noble patriots.
Adopted by the Senate February 10, 1897.
Concurred in by the House of Representatives February 11, 1897.
DEATH OP WILLIAM GLENN.
Be it resolved, hy the House of Bepresentatives, the Senate concurring therein:
Whereas, Mr. William M. Glenn, manager of the Associated Press, lo-
cated at Springfield, Illinois, departed this life on Saturday moi'ning, March.
20, 1897, in this city, therefore be it
Besolved, that in the death of William M. Glenn, Illinois has lost one of its-
most gifted' sons, the Legislature an honest, truthful and courageous reporter,
the newspaper fraternity a talented member, his friends a noble and true -
companion and his family a loving son and brother.
Besolved, we tender our sincere sympathy to his relatives in their affliction.
That a copy of this preamble and resolution be eugi-ossed and delivered to the -
family of the deceased.
Adopted by the House March 23, 1897.
Concur^ed in by the Senate March 24, 1897,
ELECTION OF UNITED STATES SENATOR.
Besolved, bij the Senate, the House of Bepresentatives concurring herein: That
on Tuesday, the 19th day of January, instant, at 11 o'clock a. m.,each House-
shall by itself, and in the manner prescribed by sections 14 and 15 of the Re-
vised Statutes of the United States, name a person for Senator in the Congress
of the United States, from the State of Illinois, for a term of six years from,
the 4th day of March, A. D. 1897. And on Wednesday, the 20th day of Jan-
uary, instant, at 12 o'clock meridiau the members of the two houses shall.
JOINT EESOLUTIONS. 311
eonvene in joint assembly in the hall of the House of Representatives, and in
the manner prescribed hj law, declare the person who has received a majority
of the votes of each House, if any person has received such majority, duly
elected Senator to represent the State of Illinois in the Congress of the
United States, for the term aforesaid. And if no 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 January 12, 1897.
Concurred in by the House of Representatives January 13, 1897.
INAUGURATION OF STATE OFFICERS.
Resolved, by the Senate, the House of Representatires concurring herein: That
the two houses meet in joint session in the House of Representatives on Mon-
day, the 11th day of January, A. D. 1897, at 12 o'clock m. for the purpose of
witnessing the inauguration of Governor, Lieutenant Governor, and other
State officers elect of the State of Illinois, and that a joint committee of six-
teen (IG), nine (9) on the part of the House, and seven (7) on the part of the
Senate, be appointed to arrange for the inauguration of the Governor, Lieu-
tenant Governor, and the other State officers, and to provide for the admission
of persons to the hail and gallaries of the House iipon that occasion.
Adopted by the Senate January 6, 1897.
Concurred in by the House of Representatives January 7, 1897.
LETTER CARRIERS' SALARIES.
Whereas, The free-delivery service of the post office department of the
United States is self sugtaining; and
Whereas, There is now pending before the House of Representatives of
the Congress of the United States a bill introduced by Hon. H. D. Sperry, of
Connecticut, entitled, "A salary bill," adopted by the sixth annual meeting of
the National Association of Letter Carriers a bill to increase the pay of letter
carriers, known as H. R. 260, providing that the pay of letter carriers in
cities of more than 75,000 population for the first year of service shall be $600,
for the second year of service shall be $800, for the third year of service shall
be $1,000, for the fourth year of service and thereafter shall be $1,200, and
the pay of letter carriers in cities of less than 75,000 population shall be for
the first year of service $600, for the second year of service $800, for the third
year of service and thereafter shall be $1,000; and
Whereas, The Senate of the Congress of the United States, on the 10th
day of June, 1896, by a unanimous vote, passed a similarly worded bill, intro-
duced by Senator Mitchell, o:^ Oregon, known as S 3058, said bill now being on
the Speaker's table in the House; therefore, be it
Resolved, by the House of Representatives, the Senate concurring : That the Rep-
resentatives of the State of Illinois in the NcXtional Congress be requested to
favor and assist in securing an early day for its consideration, and to use
every honorable effort to secure the passage of the aforesaid Senate Bill No.
3058; and be it further
Resolved, That a copy of this resolution be forwarded by the Clerk of the
House to each of the Congressmen from the State of Illinois and to the
Speaker of the House of R^pi-esentatives in the National Congress.
Adopted by the House February 9, 1897.
Concurred in by the Senate February 10, 18^)7.
312 JOINT RESOLUTIONS.
NATIONAL MILITARY PARK.
Whereas, There is now pending in Congress a bill (H. R. 4339) to establish
a National Military Park to commemorate the campaign, siege and defense of
Vicksburg, and,
Whereas, The operations that culminated almost simultaneouslj^ at Gettys-
burg and Yieksburg in July, 1863, not only mark the turning point in the War
of the Rebellion, but also constitute one of the greatest epochs in the historj'
of our countrj^ and should both be commemorated in the most impressive and
enduring manner possible, and.
Whereas, The establishment of a National Military Park at Vicksburg will
be a most fitting and appropriate monument to the great commander whose
genius planned these operations and directed them to a successful issue, and,
Whereas, The State of Illinois has an especial interest in this bill, for the
reason that fifty-four of her infantry regiments, thirteen of cavalry and eleven
batteries of artillery participated in the operations it is intended to commem-
orate, being a much larger number than from any other state, and for the
further reason that a greater number of her gallant soldiers participated in
those operations than were assembled under one commaDd by any other opera-
tion of the war; therefore, be it
Resolved, by the House of Eepresentatives, the Senate conatrring therein: That
the Legislature of the State of Illinois, by this concurrent resolution, asks that
the above named bill (H. R. 4339) be passed during this session of Congress,
and request the Senators and members of the House of Representatives in
Congress from Illinois to labor earnestlj^ for its passage; and the Secretary of
State is hereby directed to send a copy of this resolution to the Senators and
members of the House of Representatives from Illinois, to the Hon. Thomas
B. Reed, Speaker of the House of Representatives, and to the Hon. John A.
T. Hull, Chairman of the House Committee on Military Affairs.
Adopted by the House January 14, 1897.
Concurred in by the Senate January 20, 1897.
PRINTING governor ALTGELD'S MESSAGE.
Besoli-ed, by the Senate, the House of Ecpresentatives concurring herein: That
5,000 copies of Governor Altgeld's message be printed for the use of the
members of the General Assembly and for distribution.
Adopted by the Senate January 7, 1897.
Concurred in by the House of Representatives Januarj^ 12, 1897.
THE ILLINOIS AND MICHIGAN CANAL AT JOLIET.
Whereas, In the construction of the channel of the sanitary district of
Chicago through the city of Joliet, material changes may be i-equired in the
Desplaines river and in the arrangement of the Illinois and Michigan Canal,
therefore, be it
Resolved by the House of Representatives, the Senate concurring herein: That
the Board of Commissioners of the Illinois and Michigan Canal are hereby
empowered to accept such chauges in the location and construction of said
canal through the city of Joliet as may be necessary to accommodate the
works of the sanitary district of Chicago and to transfer to said district -Any
lands that it may require that are no longer needed for State purposes: Pro-
vided, that said canal as changed, shall be the equivalent of the present canal as
nearly a.^ may be and that the usefulness of tlie same shall not be unnecessar-
ily impaired, and that no change shall be made without the approval of said
Board of Commissioners being first had and obtained, and such changes shall
be made without expense to the State. Arid, provided further, that due com-
JOINT RESOLUTIONS. 313
pensation shall be rendered for all property taken m excess of that restored
and transferred by said sanitary district as the equivalent of the present canal
and its appurtenances. Provided further, that where any such lands are,
and for more than thirty years last past have been, peaceably held and occu-
pied by any person or persons under color of title obtained in'good faith, then,
for the taking- of any such lands due compensation shall be made to such per-
son or persons.
Adopted by the House June 3, 1897.
Concurred in by the Senate June 3, 1897.
314 CERTIFICATE.
UNITED STATES OF AMERICA, \
State of Illinois. J '
Office of the Secretary of State.
I, James A. Rose, Secretary of State, of the State of Illinois, do hereby cer-
tify that the foregoing- Acts and Joint Resolutions of the Fortieth General
Assembly of the State of Illinois, passed and adopted at the regular session
thereof, are true and correct copies of the original acts and joint resolutions,-
now on file in the office of the Secretary of State, save and except such
words, letters and figures as are printed in brackets, thus: [ ].
In "W itness Whereof, I hereto set my hand and affix the
[seal.] Great Seal of State, at the city of Springfield, this 3d.
day of July, A. D. 1897.
4:^^<^jC_
Secretarv of State.
INDEX. SIS-
INDEX TO LAWS.
Page.
A
ABANDONMENT:
Wife and children 239^
ADJUTANT GENERAL:
Appropriation, 28 56
Chief of staff — Commander-in-Chief 254
Sal ary 254
ADMINISTRATORS AND EXECUTORS:
Lawful to siimmon as garnishees 231
To collect rent 247
ADMINISTRATION OP ESTATES:
Appraisal of widow's award— separate items — selection — penalty 2
Granting letters of administration 1
ADVERTISEMENTS :
Sensational or false in newspapers, prohibited 204
AGRICULTURE AND HORTICULTURE:
Butter, maniifacture and sale of substitutes \ 3
ALDERMEN:
Compensation of in cities, villages and towns.. 94
Election of, by minority plan 95
ALIENS: ^
Right to hold real and personal property 5
ALTGELD, JOHN P.:
Portrait, appropriation 35
ANIMALS:
Sheep, damages by dogs 8.
APPELLATE COURT:
Act of 1877, in relation to, amended lOS
816
INDEX.
Pao'e
APPOINTMENTS:
Jury commissioners 243
Lincoln Paris Commissioners 274
Trustees Eastern Illinois State Normal School 291
APPORTIONMENT:
Judicial 188
APPROPRIATIONS :
Adjutant General. 28 56
Agriculture—
State and county boards 40
State Pair , 41
Altg-eld, John P., portrait 35
Asylum for Incurable Insane, Barton ville 9
Attorney General, 27 56
Auditor of Public Accounts, 15 54
Auditor of Public Accounts, for expenses of office until Julyl, 1897 64
Battlefields, monuments 29
-Boards, State—
Arbitration, 47 43. 61
Equalization, deficiency 43 ,
Equalization, expenses of office, 21 55
Health, 37 59
Labor Statistics, 34 58
Labor Statistics, deficiency 44
Live Stock, 35 58
Mine Inspectors and Managers, 45 61
Pardons. 48 -61
Public Charities, 29 56
"Casual deficits or failures in revenue 11
Chemical survey of the waterS of Illinois 12
Charitable Institutions—
Act for ordinary expenses 44, 45, 46
Act for special purposes 46
Blind 28, 49
Deaf and Dumb 49
Eye and ear infirmary 48
Feeble-minded children 49
Home for juvenile female offenders 48
Soldiers' and sailors' home 48
Soldiers' orphans home 48
Soldiers' widows' home 39
Courts, 30. 31 56, 57
Cutting, Catherine 12
Dairymen's Association 14
Damages by construction of dam on Illinois river 14
Eas.tern Illinois State normal school 15
Entomologist, State, 49 61
Executive mansion, i-epairs of 16
Factory inspectors 44
Farmers' county institutes 18
Fish commissioners, 36 59
Fitzpatrick, Valentine 80
Furnishing and caring for memorial hall in Chicago xiublic library 20
General Assembly —
Committee expenses 22
Employes 23,24
Forty-first, 39 60
Incidental expenses 24,25
Governor, 1, 5 53
For expenses until July 1, 1897 62
Horticultural society 64
INDEX. 317
Page.
APPROPRIATIONS— CowcZifrfccL
Hospitals for Insane—
Asylum for insane criminals .• 47
Central 47
Eastern 47
Northern 4©
Southern 47
Western 80,81
Illinois and Michigan canal 26
Illinois State Poultry Association 27
Insurance Superintendent 60
Klor, Frederick 19
Laboratory of Natural History 65
Lieutenant Governor, 38 60
Lincoln homestead, 42 61
Repairs and improvements, 10 64
McAdams, Mrs. William 31
Mark position of Illinois troops on battlefield of Shiloh 13
Murdock. S. A 65
Museum Natural History, 32 58
National Guard 31, 32
Northern Illinois State normal school 34
Officers of State government 50
Painting Supreme Court building 35
Penal and reformatory Institutions—
Penitentiary, Joliet 36
Penitentiary, Southern 37
Reformatory, State, conveying offenders to, 20 55
Reformatory, State, new cell house 66,68
Reformatory, State, ordinary expenses ; 67
Railroad and Warehouse CosuiissiON-i
Deficiency 39
Ordinary expenses, 33 " 58
Ryan, Elizabeth H 3a
School fund, 26. . •. 56
School funds, to pay interest on, 25 56
Secretary of State, 6, 14 52, 53, 54
Expenses until July 1, 1897 63
Soldiers' Widows' Home 39
Southern Illinois Normal University 77, 78
Sprague, Morrill 30
State's attorney for Mason county 65
State entomologist 65
State fair 42
State government, for expenses until July 1, 1897 62
State government, ordinary and contingent expenses 52
State historical society, 43 61
State Normal LTniversity 79
State suits, 17 54
Superintendent of Public Instruction, 24 55
Supreme Court Reporter, 46 ; 61
Taxes paid in error, 23 55
T'ennesisee Centennial and International Exposition 68
Trans-Mississippi and International Exposition, Omaha 69
treasurer. State. 22 55
LTniversity, Illinois ^ 71,72,73,74, 75, 76
"Vance, D [ 15
Wells, Mrs. Albert W 30
ARBITRATION, STATE BOARD:
Appropriation, 47 61
Appropriation to pay deficiency 43
ARCHITECTS:
Licensing of 81
ASSESSMENTS:
Miinicipal taxes in cities, villages and towns 93
Special, in cities, villages and towns 101,135
318 INDEX.
ASSIGNMENT: ^^^'
For the benefit of creditors 86
ASYLUM INCURABLE INSANE, BARTONVILLE:
Appropriations 9
ATTORNEY GENERAL:
Appropriation, 27 56
AUDITOR OF PUBLIC ACCOUNTS:
Appropriation for expenses of office until July 1, 1897 64
Appropriation, office expenses, etc., 15 54
B
BALLOT REFORM:
Act in relation to amended 212,213
BANKS AND BANKING:
Act in relation to amended 87
BATTLEFIELDS:
Commission to mark, appropriation 13
Monuments to mark, appropriation 29
BICYCLE RACING:
Prohibited, criminal code 202
BONDS:
For completion of parks and boulevards 275
BONDS, OFFICIAL:
Payment of cost of corporate suretyship 271
BOARDS, STATE:
Appropriation :
Agric n Iture 40
Arbitration 43
Arbitration, 47 61
Equalization, deflcienc v 43
Equalization, expenses, 21 55
Health, 37 59
Labor statistics, 34 58
Labor statistics, deficiency 44
Live stock, 35 58
Mine inspectors and mine managers, 45 61
Pardons, 48 61
Public charities, 29 56
Architects, license 81
Examiners of plumbers • 279
Pardons 272
BOARDS OF EDUCATION:
In school districts 289
To appoint truant officers 296
INDEX. 319
Pwg'e.
BRIDGES:
City and village to have control '. 92
Street railways over 136
BUILDING AND LOAN ASSOCIATIONS:
Act amended 166
BUILDINGS:
Fire escapes for 222
BUTTER:
Manufacture and sale of substitutes 3
'CANAL, ILLINOIS AND MICHIGAN:
Appropriation 26
-CHARITABLE INSTITUTIONS:
Act in relation to amended 89
Appropriation :
Act for ordinary expenses 44, 45, 46
Act for special purposes 46
Blind, Industrial Home 28
Blind Asylum 49
Deaf and Dumb 49
Eye and Ear Infirmary 48
Feeble-Blinded Children 49
Home for Juvenile Female Offenders 48
Soldiers' and Sailors' Home 48
Soldiers' Orphans' Home 48
Soldiers' Widows' Home 39
'CHEMICAL SURVEY OF THE WATERS OF ILLINOIS:
University of Illinois to make— appropriation 12
•CHICAMAUGA:
Battlefield monuments— appropriation 29
••CHILDREN:
Employment of 90
\
.'CITIES. VILLAGES AND TOWNS:
Assessment and collection of municipal taxes 93
Board of examiners of plumbers 279
Bonds for completion of parks and boulevards 275
Bridges, etc., outside city limits 92
City courts, act in relation to amended 197
Civil service, act amended 93
Compensation of aldermen 94
■ Contracts relating' to garbage 95
Elections, amends section 1, article VII 215
Elections in 214
Election of aldermen, by minority plan 95
Fire inspectors in cities 96
Horseshoers in cities 235
JIauses of correction outside of corporate limits 97
320 INDEX.
Page.
CITIES. VILLAGES AND TOWSS-Concluded.
Libraries, establishment of 247
Organization of 98,99'
Organization, prohibitory license clause 99
Per diem of judges and clerks of election 217
Police matrons 99
Privileges for lighting and heating 100'
School inspectors ' 292
Special assessments 101,135
Street railroads in 282
Street railways over bridges 136
Tax levies 136
Truant officers 296
CITIZENS:
Protection of 137
CIVIL RIGHTS:
Protection to citizensi 137
CIVIL SERVICE:
Act of 1895 amended -. 93
CLERKS:
Allowed to judges supreme coiirt 221
County, fees allowed 220
Criminal coiirt of Cook coimty, fees 219
State board of pardons 272
Supreme Court, to remove to Springfield 200
COCAINE:
Sale and preparations containing • 138-
CONSOLIDATION:
Railroads , 281
Supreme Court 200
CONVICTS:
Appropriation—
Conveying to penitentiary, 18 54
Conveyance to the State reformatory, 20 -. 55
Houses of correction for 97
Transfer of 286
CONVEYANCES:
Land titles 141,165
COMMISSION:
Tennessee Centennial and International Exposition, appropriation 69
To mark position of Illinois troops on the battlefield of Shiloh, appropria-
tion 13
Trans-Mississippi and International Exposition, Omaha ....[[...."........ 69
Judges and clerks ofielection 214
INDEX. 321
Page.
COMMISSIONERS:
Highway — see roads and bridges 2SS
Labor, appropriation. 34 58
Lincoln park 274
Live stock. 35 5S
Park, to purchase bonds 278
Railroad and warehouse, appropriation, 33 5S
COPYING CONTRACT:
Appropriation, 12 '. 54
CORPORATIONS:
Act in relation to county fire insurance companies 2.39
Act of 1869 relating- to fire insurance companies, amended 240
Building-, loan and homestead act, amended 1C6
Poreig-n. to have office in this State 174
Fraternal in surance companies, act amended 237
Gas companies, consolidation of 177
Horse and dummy railroads, act amended 282
Lighting and heating in cities, villages and to-wns 100
Not for pecuniary profit, fees for organizing increased 181
Railroad companies, consolidation 28 1
State banks 87
Stocks held by mining and manufacturing companies 2>>5
Surety companies, act in i elation to amended 182
Trust companies, act of 1889 amended 184
Trusts and combines 298
COUNTIES:
Boone, additional term of court 196
Clay, legalizing certain terms of court 189
Clerk's tees i20
Cook, election judges of Superior Court 2!6
Cook, Criminal Court, clerk's fees 219
Fire insurance companies in 2.!9
Henderson, terra of court changed 19S
Judges and clerks of election in 216
Jury commissioners in 245
Marion, additional term of court 196
Salaries of commissioners and clerks of election 215
Saline, additional term of court 190
Terms of court legalized in Clay county 189
Torren's land title system, submitted to vote in 161
COUNTY CLERKS:
To license shanty boats 248
COUNTY SUPERINTENDENT OP SCHOOLS:
To pay for instruction ,of the deaf 290
COURT RECORDS:
Restoration of lost or destroyed 1 199
COURTS:
Act in relation to county and probate judges 212
ApPKOPRI ATI on S—
Appellate. 30,31 r)6, 57
Reporter, Supreme, 46 'fit
Supreme, 30, 31 5f;, 57
Jury commissioners, appointment 243
—21
322
INDEX.
COURTS, APPELLATE:
Branch established . . .
Page.
185
COURTS, CIRCUIT:
Additional tei-m, Boone county 196
Additional term, Marion county 196
State divided into judicial circuits 188
Terms, Clay county, legalized 189
Terms:
1st circuit
2d
3d
4th
5th
6th
7th
8th
9th
10th
nth
12th
13th
14th
15th
16th
17th
fixed 190, 191
191
192
192
193
193
193
194
194
194
194
195
195
195
195
195
195
COURTS. CITY:
Act of 1874 amended 179
COURTS, COUNTY:
Jurisdiction in assignment...
Term changed in Henderson.
198
COURTS, CRIMINAL:
C erk's fees
219
COURTS OF RECORD:
Publication of service 199
COURTS, PROBATE:
Wills, probate of
304
COURTS, SUPERIOR: . .
Election of judges 216
COURTS, SUPREME:
Consolidation 200
Painting building, Mt. Vernon — appropriation 35
Salary of judges 221
CREDITORS:
Assignment for benefit of.
INDEX. 323
Page.
CRIMINAL CODE-
Abandonment of wife and children 236
Bicycle racing prohibited 202
Blowers required on metal polishing machinery 250
Civil and legal rights of citizens 137
Libel, act of 1895 repealed 297
Parole system, act amended 203
Removal of waste, packing, etc.. prohibited 203
Sale or fraudulent use of railroad and steamboat passes prohibited 204
Sensational or false advertisements prohibited 204
Slianty boats, license required 248
To regulate the manufacture and sale of imitations of butter 3
Unlawful to sell cocaine 138
Wearing insignia, or rosette of military order of Loyal Legion prohibited 202
CUTTING. CATHERINE:
Appropriation 12
DAMS:
Damages for construction of one on Illinois river 14
Owners of, to provide and keep in repair fish-ways 225
DAIRYMAN'S ASSOCIATION:
Appropriation 14
DEAF:
Classes for in public rchools 290
DOCUMENTS AND RECORDS :
Preservation of 205
DOGS:
Sheep killed by .' 8
DRAINAGE:
Construction and maintenance of drains and ditches 206
Farm, acts 1885 and 1895 amended 207
Levees, canals, etc., for agricultural and other purposes 208
Sanitary districts 209
E
EASTERN ILLINOIS STATE NORMAL SCHOOL:
Act to establish amended 291
ELECTION COMMISSIONERS:
Chief clerk, salary 215
Salary of commissioners 215
ELECTIONS:
Act in relation to banks, submitted to vote 88
Aldermen by minority pla i 95
Amends sections 3 and 8 of act of 1891 211
Amend.s section 27 of act of 1891 212
Ballot reform 2 12
Candidates name not to appear more than once 211
Cards of instruction to voters 213
Cities, villages and towns— commissioning judges and clerks 214
324 INDEX.
Page.
EhECTlONS—Concluded.
Cities, Tillages and towns, incorporation 98, 99
Judges and clerks 216
Judges, superior court 216
Justices and constables 246
Manual training depai'tment in schools 293
Per diem of Judges and clerks 217
Salaries of commissioners and clerks 215
Torrens land, title system, submitted to vote 165
EMINENT DOMAIN:
Act of 1872 amended 217
EMPLO\'MENT:
Children 90
Coal Miners 270
ENTOMOLOGIST. STATE:
Appropriation .' . 65
Appropriation, 49 61
EQUALIZATION, STATE BOARD:
Appropriation for deficiency 43
ESTATES:
Administration of 1-2
EXECUTIVE MANSION:
Appropriation for repairs 16
EXEMPTIONS;
Certain lands, exempt from taxation 299
Personal property, fi-om execution, etc 218
Wages, from garnishment ,. .^ 231
EXPOSITIONS:
Participation of State in 68,69
F
FARMERS' COUNTY INSTITUTES:
Appropriation 18
FACTORY INSPECTORS, STATE.
Appropriation, 44 61
To enforce act relating to employment of children ; 90
To give notice to owners of buildings 222
To visit workshops 250
INDEX. 325
Page.
FEES AND SALARIES:
Amends section 4 Act of 1874 220
Amends section 32 Act of 1872 219
Corporations not for pecuniary profit, fee for organizing increased 181
Foreign corporations, to pay fees 174
Notary public, fee for commission 181
Salaries of i^ommissioners and clerks of election 215
Salaries, officers of penitentiary, Joliet 278
Salary of judges Supreme Court 221
FIRE ESCAPES:
For buildings
FIRE INSPECTORS:
In cities
FISH:
Propagation and cultivation -. 224
FISH COMMISSIONERS:
Appropriation, 36 59
Duties of 226
FISH WARDENS:
Duties of 224
FITZPATRICK, VALENTINE:
Appropriation 80
FLAGS:
On public buildings and school houses 229
FUGITIVES FROM JUSTICE:
Appropriation, 19 55
FUNDS, PUBLIC:
Interest on. Act of 1893 repealed 242
FUSION:
Prevention of, at elections 211
c
GARBAGE:
Contracts relating to 95
GARNISHMENT:
Administrator and executor 231
Amends section 14. Act of 1872 231
326 INDEX.
Page.
GAS COMPANIES:
Consolidation of 177
Lighting and heating in cities, villages and towns 100
GENERAL ASSEMBLY:
Appropkiations—
Committee expenses .' 21, 22
Committee expense. Forty-first, 39 60
Employes 23, 24
Incidental expenses 24,25
Officers and members of Forty-first 50
Extra policemen and janitors 232
GOVERNOR:
Appropriation, 1. 5 52
Appropriation for expenses to July 1, 1897 62
Commissioners of Lincoln park, appointment 274
Portrait ex-Governor Altgeld, appropriation 35
To appoint fish wardens 226
To appoint trustees Eastern Illinois Normal school 291
H
HEALTH. STATE BOARD:
Appropriation, 37 59
HISTORICAL SOCIETY:
Appropriation, 43 61
HORTICULTURAL SOCIETY, STATE:
Appropriation 64
HORSESHOEING:
Act relating to, license .'. 233
HOSPITALS FOR THE INSANE:
Appropriations—
Asylum for Insane Criminals » 47
Central 47
Eastern 46
Northern 46
Southern 46
Western 80,81
HOUSES OF CORRECTION:
Outside of corporate limits 97
HUSBAND AND WIFE:
Abandonment of wife and children 236
ILLINOIS AND xMICHIGAN CANAL:
Appropriation 26
INDEX. 827
Page.
INSANE:
Commitment and detention 249
INSPECTORS, EIRE:
In cities, may examine witnesses 96
INSPECTORS OF COAL MINES:
Duties of 269
To enforce act 270
INSPECTORS, SCHOOL:
Act in relation to amended 292
INSURANCE, LIFE:
Fraternal beneficiary societies. Act of 1893, amended 237
INSLTRANCE, FIRE:
County companies 239
Section 26, Act of 1869 amended 210
INSURANCE SUPERINTENDENT:
Appropriation, 40 GO
Reports, semi-annual, 41 60
INTEREST:
On public funds, Act of 1893 repealed 242
J
JUDGMENTS:
Eminent domain, Act of 1872 amended 217
JUDGES:
Act in relation to county and probate 242
Election, Superior Court 216
Supreme Court, salaries 221
JUDGES AND CLERKS:
Of election '. 219
Per diem 217
JURY COMMISSIONERS:
Appointment, act relating to 243
JUSTICES AND CONSTABLES:
Section 1, Act of 1895 amended 246
K
KLOR, FREDERICK:
Appropriation 19
B23 INDEX.
Page.
L
LABOR COMMISSIONERS:
Appropriation. 34 58
LABORATORY OP NATURAL HISTORY:
Appropriation 65
LANDLORD AND TENANT:
Act in relation to 247
LAND TITLES:
Act concerning' 141,165
LEVEES:
Construction of 208
LIBEL:
Act in relation to, repealed 297
LIBRARIES:
Establishment of, by cities 247
LICENSE:
Architects 81
Horseshoers 233
Plumbers 279
Shanty boats and other watercrafts 248
LINCOLN HOMESTEAD:
Appropri ation, 42 61
Appropriation for repairs and improTements, 10 64
LINCOLN PARK:
Boundaries, commmissioners .* 274
LIEUTENANT GOVERNOR:
Appropriation, 38 60
LIVE STOCK COMMISSION:
Appropi-iation, 35 58
LOCAL IMPROVEMENTS:
' Act in relation to 101, 135
LOYAL LEGION;
Insignia or rosette, criminal code 202
LUNATICS:
Commitment and detention of 249
INDEX. 329
Page.
Wl
:McADAMS, MRS. WILLIAM:
Appropriation 31
JSACHINERY:
Use of blowers iipon metal polishing 250
MANUAL TRAINING DEPARTMENTS:
In high schools 293
MEMORIAL HALL:
Furnishing' and caring for, appropriation 20
ItHLITIA:
Insignia or rosette, wearing prohibited 202
MILITARY CODE:
Act of 1879, amended 252
MILK:
Standard of analysis of 268
MINERS:
Act providing' for the safety of 268
Pay of 270
MINES AND MINING:
Board of examiners, appropriation, 45 61
Duties of inspectors 269
Safety and competency of miners 268
Stocks held by companies 285
MORTGAGES:
Release of on real and personal property 270
MURDOCK,-S. A.:
Appropriation 65
MUSEUM, NATURAL HISTORY:
Appropriation, 32 58
N
NATIONAL GUARD:
Appropriations 31, 32
Military code amended 252
Parade grounds 32, 33
3«EG0TIABLE INSTRUMENTS:
JBelease or satisfaction on margin 270
330 INDEX.
Pa^e.
NEWSPAPERS:
Sensational or false advertising in 204
NOTARIES PUBLIC:
Fee for commission 181
NOTICES:
Special assessment .101,135
OFFICIAL BONDS:
Payment of cost of corporate suretyship 271
OFFICIAL DOCUMENTS :
Preservation of 205
P
PARDONS, STATE BOARD:
Act creating 272"
Appropriations, 48 61
PAROLE :
System of, act amended 203
PARKS:
Boundaries of Lincoln, commissioners 274
PARKS AND BOULEVARDS:
Bonds for completion 275
PASSES:
Selling or fraudulently using, criminal code 204
PENAL AND REFORMATORY INSTITUTIONS:
Convicts, conveyance of to penitentiaries... 54
Fugitives from justice, appropriation, 19 55
Home for Juvenile Female Offenders, appropriation, 16 54
House of correction, establisament 97
Joliet Penitentiary, act in relation to, amended 278
Parole system, act amended 203
Penitentiary at Joliet, appropriation 36
Penitentiary, Southei'n, appropriation 37
Reformatory, State, act to establish amended 286
Reformatory, State, appropriation new cell house 66,68
Reformatory, State, appropriation ordinary expenses 67
State Reformatory, conveying offenders to, 20 55
PENITENTIARIES:
Act of 1871, in relation to amended 278;
INDEX. 331
Page .
PHYSIOLOGY AND HYGIENE:
Study of in schools 294
PLUMBERS:
License of 279
POLICE MATRONS;
In cities 99
POLICEMEN AND JANITORS:
Extra, during session of General Assembly 232
POULTRY ASSOCIATION:
Appropriation 27
PROPERTY:
Alien's right to hold 5
Release of mortgage on real and personal property 270
PUBLIC BUILDINGS:
Flags placed upon 229
PUBLICATION:
Service, in courts of record 199
PUBLIC PRINTING:
Appropriation, 11 54
Appropriation for Fortieth General Assembly 63
R
RACING:
Bicycle, prohibited— see criminal code 202
RAILROAD AND WAREHOUSE COMMISSIONERS;
Appropriation for deficiency 39
Appropriation for ordinary expenses, 33 58
RAILROADS:
Consolidation 281
Horse and dummy 282
Removal of waste— see criminal code 203
Selling or fraudulently using passes 204
Stocks held by mining and manufacturing companies 285
Street, over bridges 136
RECORDS:
Preservation of 205
Restoration of lost or destroyed, court 199
332 INDEX.
Page.
REFORMATORY, STATE:
Act establishing, amended 286
Appropriation for conveying offenders to. 20 55
Appropriation for new cell house 68, 68
Appropriation for ordinary expenses 67
REPORTERS SUPREME COURT:
Appropriation, 46 61
REPORTS SUPREME COURT:
Appro propriation for purchase of , 13 54
REVENUE:
Assessment and collection municipal taxes 93
F'ailures in, appropriation 11
General levy for State purposes 287
Special assessments in cities, villages and towns 101
Tax levy for protection against overflow 136
ROADS AND BRIDGES:
Act of 1883 amended 288
RYAN, ELIZABETH H.:
Appropriation 30
SANITARY DISTRICTS:
Acts of 1889 and 1895 amended 209
Levees, canals and tunnels for sanitary purposes 20*
SCHOOL FUND:
Appropriation, 26 56
Interest, appropriation to pay 56
SCHOOL HOUSES:
Flags placed upon .' 229
SCHOOLS:
Boards of education in school districts 289
Classes for the deaf 290
Inspectors elected under special acts 292
Manual training department 29S
Normal, Eastern, act establishing amended 291
Normal, Eastern, appropriation 15>
Normal, Northern, appropriation 34
State reform management regulated , 89"
Study of physiology and hygiene 294
Tax levy 287
Town ships— trustees 295
Truancy 296
SECRETARY OP STATE:
Appropriation for expenses until July 1, 1897 , , , 6?
Appropriation for office expenses, etc., 6,14 52,53,54!
Fee for commissioning notaries public 181
Fees for incorporating foreign corporations 17*
Fees for incorporations 181
To employ extra policemen and janitors 232
To set apart rooms for State Board of Pardons 272
INDEX. 333
Page.
SECURITIES:
Mining and manufacturing companies 285
SERVICE:
Publication, in courts of record 199
SHANTY BOATS:
License of 248
SHEEP:
Damages done by dogs 8
SLANDER AND LIBEL:
Act in relation to libel repealed 297
SOLDIERS' ORPHANS' HOME:
Appropriation 48
Care ot indigent children 89
SOLDIERS' WIDOWS' HOME:
Appropriation 39
SPRAGUE, MORRILL:
Appropriation 30
STATE BANKS:
Act in relation to amended 87
STATE BOARD OF EXAMINERS OF ARCHITECTS:
Appointment and term of office 81-86
STATE BOARD qp EXAMINERS OF HORSESHOERS;
Act in relation to 233
STATE FAIR:
Appropriations 42
STATE GOVERNMENT:
Appropriations—
For ordinary and contingent expenses 52
To pay expenses until July 1, 1897 62
To pay officers 50
Revenue, general levy 287
STATE INSTITUTIONS:
Act in relation to amended 89'
STATE SUITS:
Appropriation, 17 54
334 INDEX.
Page.
STATE'S ATTORNEY, MASON COUNTY:
Appropriation to pay salary 65
STATISTICS OF LABOR:
Appropriation to pay deficiency in office 44
SUPERINTENDENT OF PUBLIC INSTRUCTION:
Appropriation, 24 , 55
SUPREME COURT:
Consolidation 200
SURETY COMPANIES:
Act in relation to, amended 182
SURETYSHIPS:
On official bonds 271
I
T
TAXES:
Levy for State purposes 287
Municipal 93
Paid in error, appropriation for, 23 55
TAX LEVIES:
For protection of levees 136
TENNESSEE CENTENNIAL AND INTERNATIONAL EXPOSITION:
Appropriation 68
TITLES:
Land, Torren's system 141, 165
TORREN'S LAND TITLE STYTEM:
Act concerning 141, 165
TOWNSHIP ORGANIZATION:
See Roads and Bridges 288
TOWNSHIPS:
Trustees of schools 295
TRANS-MISSISSIPPI AND INTERNATIONAL EXPOSITION, OMAHA:
Appropriation 69
TREASURER, STATE:
Appropriation, 22 55
INDEX. 335
Page.
TRUANCY:
Prevention of 296
TRUST COMPANIES:
Act of 1889 amended : 184
TRUSTS AND COMBINES;
Act of 1891 amended 298
U
UNITED STATES:
Flags on public buildings and school houses 229
Jurisdiction over certain lands 299
UNIVERSITIES:
Appkopriatic>ns—
Illinois 71,72,73,74, 75, 76
Southern Normal '. 77, 78
State Noi-mal 79
UNIVERSITY OP ILLINOIS:
Chemical siirvey of the waters of the State of Illinois 12
V
VANCE, D.:
Appropriation 15
VOLUNTARY ASSIGNMENTS:
Jurisdiction of county courts 86
W
WAREHOUSES:
Act to regulate; amended 300, 302
WILLS:
Act of 1872 amended .' 304
Probate of , 304
WEIGHTS AND MEASURES:
Standard of analysis of milk 268
WAGES:
Exempt from garnishment 231
WELLS, MRS. ALBERT W.:
Appropriation 30
336 INDEX.
INDEX TO JOINT RESOLUTIONS.
Pagre.
Additional compensation to elevator conductors 306
Additional officers of the General Assembly 306
Adjournment from January 7 to January 11 307
Adjournment from January 20 to January 25 307
Adjoui-nment from Febni ary 11 to February 15 307
Adjournment from February 19 to February 23 307
Adjournment from April 2 to April 7 307
Adjournment from April 16 to April 21 307
Adjournment sine die 308
Canvass of election returns 308
Chicago river 308
Cammittee to prepare joint rules 308
Cousti-uction of water ways 309
Cuban rig-hts 310'
Death of William Glenn 310
Election of United States Senator. 310'
Inauguration of State officers 311
Letter carriers' salaries 311'
National military park 312'
Printing Governor Altgeld's message 312'
The Illinois and Michigan Canal at Joliet 312.
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