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PUBLIC LAWS 



STATE OF ILLI^^OIS, 



PASSED BY THE 



TWENTY-SIXTH GENERAL ASSEMBLY, 



CONVENED JANUAEY 4, 1869. 



SPRINGFIELD : 

ILLINOIS JOUBNAL FEINTING OFFICE. 
1869. 



— A 



Digitized by tine Internet Arciiive 

in 2010 witii funding from 

CARLI: Consortium of Academic and Researcii Libraries in Illinois 



http://www.archive.org/details/lawsofstatofillpublic1869illi 



TABLE OF CONTENTS- 



ABATEMENT: page. 
An act to amend an act entitled "Abatements," approved March, IS-IS, and to ex- 
tend the time for closing up the aifairsof corporations 1 

ABSTRACTS : 

An act to provide for the keeping up of abstracts j 2 

ACKNOWLEDGMENTS OF DEEDS, ETC. : 

An act to authorize the governor of this state to appoint commissioners to take 
the acknowledo;ment or proof of the execution of deeds and other instruments, 
and to take depositions, etc., in other states, territories, etc 2 

ADJUTANT GENERAL : 

An act to repeal certain act therein named, and to provide for the apppointment 

and prescribe the duties of the adjutant-general of the state of Llinois 5 

An act to provide for repairs on the state arsenal, and for other purposes therein 

named 6 

An act to prevent the loaning of flags and trophies of war 6 

An act to provide for the distribution of the reports of the adjutant-general 6 

ADMINISTRATORS AND EXECUTORS: 

An act to provide for the disposal of unclaimed moneys in the hands of adminis- 
trators and executors Y 

An act to enable foreign administrators, with the will annexed, to sue in this 
state 7 

AGRICULTURE : 

An act to secure the endowment fund of the Illinois Agricultural College 8 

An act to amend an act entitled "An act to aid and encourage agricultural socie- 
ties," approved Feb. 18, 1857, revived and continued in force by an act entitled 
*'An act to revive and continue in force an act entitled 'An act to aid and en- 
courage county agricultural societies,' " approved Feb. 21, 1861 9 

An act to increase the powers of the Iroquois County Agricultural Society 10 

lAPFROPRIATIONS : 

An act making appropriations for the expenses of the adjourned session of the 
twenty-sixth general assembly, state of Illinois 11 

An act making appropriations for the oflScers and members of the next general 
assembly, and for the salaries of the officers of the government 12 

An act to provide for the partial payment of the mileage and per diem of the mem- 
bers and officers of the twenty-sixth general assembly 14 

An act making appropriations for the part payment of the members and officers of 
the twenty-sixth general assembly, and clerks of the committees thereof 15 

An act to provide for the ordinary and contingent expenses of the government 
until the adjournment of the next regular session of the general assembly 15 

An act to provide for the postage of the present general assembly 18 

An act to locate, erect and carry on an asylum for the insane 19 

An act making appropriations for the Illinois State Hospital for the Insane, for the 
years 1869 and 1810 23 



coNTEiirrs. 



APPROPRIATIONS : paok. 
An act to establish the Northern Illinois Hospital and Asylum for the Insane. ... 24 
An act appropiiatinj:; money to pay deficiencies of appropriation for the current 
expenses of the Illinois Hospital for the Insane , located at Jacksonville, Illi- 
nois 27 

An act appropriating money for the ordinary expenses of the Illinois Institution 
for the education of the blind, and repairs of said institution, for the years 1869 

and 1870 28 

An act for the support of the Illinois Institution for the Education of the Deaf 

and Dumb 29 

An act supplementary to an act entitled "An act for the support of the Illlinois 

Institution of the Deaf and Dumb," approved Feb. 27, 1 869 30 

An act to purchase certain copies of the statutes of Illinois, for the use of the state 30 
An act making appropriations for maintaining and carrying on the Illinois State 

Penitentiary at Joliet, and to pav its deficiencies 31 

An act in relation to the penitentiary 31 

An act making appropriations for services rendered and materials furnished re- 
maining unpaid, and not otberwise provided for 204 

An act making appropriations for the benefit and completion of the Illinois Indus- 
trial University 33 

An act entitled "An act supplementary to the acts heretofore passed in relation 

to the Normal University" 32 

An act supplementary to an act making appropriations for services rendered and 

materials furnished remaining unpaid, and not otherwise provided for 34 

An act to establish and maintain the Southern Illinois Normal University 34 

An act to amend an act entitled "An act to est-iblish a home for the children of 
deceased soldiers," approved March 5th, 1867, and to make appropriations for 

the said home 39 

An act in aid of the Illinois Soldiers' College 40 

An act appointing a state agent to collect war claims against the United States. . . 42 

An act in aid of the Chicago Charitable Eye and Ear Infirmary 43 

An act to appropriate money for the repair and improvement of the executive 

mansion 44 

An act to provide for building a soldiers' monument at the National Cemetery 

near Mound City 45 

An act to allow the justices of the supreme court compensation for clerk hire. . . 46 
An act to provide for the procurement of the portrait of his Excellency John M. 

Palmer 46 

An act to furnish books for the state library 47 

An act providing for the publication of the fourth volume of the report of the 

state geologist, and fixing his salary for the next two years 47 

An act to provide for the greater accuracy and safety of the public records 48 

An act to provide for the revision of the statutes 49 

An act in aid of a revision of the statute laws of this state 49 

An act for the relief of the prosecuting attorney in the Alton city court 50 

An act for the relief of George P. Adams 51 

An act for the relief of Levi Hobbs 51 

An act for the relief of John R. Casey 53 

An act for the relief of David Kreigh and Company 53 

An act for the relief of the state entomologist 63 

An act for the relief of Fox & Baxter 54 

An act to amend an act to provide for the erection of a new state house, ap- 
proved February 25, 1867, and to amend an act supplementary to an act to pro- 
vide for the erection of a new state house, approved February 25, 1867 54 

An act to aid in the improvement of the Little Wabash livcr 56 

ASSESSMENTS : 

An act relating to assessments and taxa' ion in school districts 57 

An act to amend an act for the assess.,., nt of property, approved February 12, 
1863 68 

AUDITOR: 

An act to authorize the auditor of public accounts to assign a certain certificate 
of purchase therein named 68 



CONTENTS. 



BAGGAGE: page. 
An act authorizing the sale of unclaimed baggage and other property 59 

CANAL : 

An act to amend an act entitled "An act for canal and river improvements," apv- 
proved February 28, 1867 60 

An act granting certain privileges to parties resident along the line of the Illinois 
and Michigan Canal 61 

An act in reference to the improvement of ihe navigable condition of so much of 
the Illinois and Michiga« Canal as extends from lock fifteen (15), and known as 
the steamboat channel, to its intersection with the Illinois river 61 

An act providing the manner of redemption and sale of certain forfeited canal 
lands and town lots, and also authorizing and requiring the slate trustee of the 
Illinois and Michigan canal to settle his accounts with the state. .. = 62 

CAPITAL PUNISHMENT: 

An act to amend an act entitled "An act in relation to capital punishment" 63 

CHARITIES: 

An act to provide for the appointment of a board of commissioners of public chari- 
ties, and defining their duties and powers 63 

CHURCHES: 

An act to provide for the holding of Roman Catholic churches, cemeteries, col- 
leges and other property 67 

CIRCUIT COURTS: 

An act to fix the times of holding courts in the counties of Morgan, Greene and 
Jersey, in the first judicial circuit 69 

An act to amend an act entitled "An act to fix the time of holding the circuit 
cou't in the several counties composing the second judicial circuit 70 

An act to change and fix the times of holding court in the second and third judi- 
cial circuits of this state 10 

An act to amend an act entitled "An act to change the times of holding court in 
the second and third judicial circuits of this state 71 

An act to change the time of holding the fall terms of court in the fourth judi- 
cial circuit 71 

An act to fix the time of holding courts in the fifth judicial circuit 72 

An act to change the time of holding courts in the sixth judicial circuit 73 

An act to provide for holding additional terms of court in the eighth judicial 
circuit 73 

An act to authorize the confessions of judgment in the circuit court of the ninth 
judicial district during vacation 73 

An act to change the time of holding one of the terms of the circuit court of Bu- 
reau county 74 

An act to fix the times of holding the courts in the tenth judicial circuit 74 

An act supplementary to an act entitled "An act to fix the time of holding cir- 
cuit courts in the fourteenth judicial circuit, and to regulate the practice 
therein," approved March 26, 1869 75 

An act to fix the times of holding circuit courts in the fourteenth judicial cir- 
cuit, and to regulate the practice therein 75 

An act to change the time of holding court in the fifteenth judicial circuit, and 
to regulate the qualification of jurors therein 76 

An act to amend an act entitled "An act to fix the time of holding courts in the 
fifteenth judicial circuit, and to establish terms for the disposal of criminal 
cases, and for other purposes," approved Feb. 5, 1867. 77 

An act to repeal an act entitled "An act to amend an act entitled * an act to fix 
the time of holding court in the fifteenth judicial circuit, and establishing 
terms for the disposal of criminal cases, and for other purposes,' approved Feb- 
ruary 5, 1867, approved April 9, 1869." 78 

An act to ch><nge the times of holding courts in the sixteenth judicial circuit, 
and relating to the practice therein 79 

An act to change the time of holding courts in the seventeenth judicial circuit, 
and concerning jurors in said circuit, and regulating publications 81 

An act to change the times of ho ding courts in the eighteenth judicial circuit. . 83 



CONTENTS. 



CIRCUIT COURTS : page. 

An act to attach Johnson county to the nineteenth judicial circuit 83 

An act to fix the times of holding courts in the nineteenth and twenty-sixth cir- 
cuits, and in the count}' of Union 84- 

An act to regulate the time of holding courts in the twentieth judicial circuit, 

and to provide for an official reporter in said circuit 85 

An act to extend the powers of the judge of the 22d judicial circuit in vacation. 86 

An act for an additional term of the circuit court in St. Clair county 87 

An act to change the times of holding the circuit courts in the twenty-fifth judi- 
cial circuit of this state 88 

An act to fix the times of holding courts in the twenty-sixth judicial circuit 88 

An act to repeal an act entitled "An act to fix the times of holding courts in the 

twenty-sixth judicial circuit 89 

An act to fix the times of holding eircuit courts in the twenty-seventh judicial 

circuit, and for other purposes 89 

An act to establish the thirtieth judicial circuit, and for the election of a prose- 
cuting attorney in the eighteenth judicial circuit 90 

CITIZENSHIP: 

An act to restore certain persons to citizenship 117 

An act to restore Thomas Davis to citizenship 117 

All act for the relief of William D. Lewis. 118 

An act for the relief Jack (John L ) Foren 118 

An act restoring to citizenship J. R. Steele, of Chicago, Cook county, Illinois . .118 
An act to amend an aci entitled "An act for the government and discipline of 
the Illinois State Penitentiary.... 119 

CITY COURTS: 

An act to change the time for holding the Alton city court 119 

An act to establish a court of common pleas in the city of Amboy 120 

An acr, to amend an act entitled "An act to establish a court of common pleas in 

the city of Amboy." 127 

An act to repeal an act entitled "An act to establish the court of common pleas of 

the city of Cairo,' approved Feb. 6, 1855 , 127 

An act to esttdblish a recorder's court in the city of El Paso 128 

An act supplemental to an act entitled "An act to establish a recorder's court in 

the city of El Paso. .-. 132 

An act to establish a common pleas court in the city of Mattoon 133 

An act to establish the court of common pleas in the city of Sparta, in Randolph 

county 138 

CITIES AND TOWNS: 

An act supplementary to the several acts relating to towns and cities in this state 
which provide for the election of justices of the peace and police magistrates 
for a less term than four years .... 144 

An act supplemental to several acts of the twenty-sixth general assembly in rela- 
tion to the org mization of cities and towns. ... 144 

An act supplemental to several acts of the twenty-sixth general assembly in rela- 
tion to the organization of cities and towns 145 

COMMISSIONERS: 

An act to authorize the governor of this state to appoint commissioners to take 
the acknowledgment or proof of the execution of deeds and other instru- 
ments, and to take deposit! ns, etc., in other states, territories, etc 92 

An act to appoint comnii«.sioner.-< to lay out and define the boundary line between 
the counties of Rock Island and Whiteside 94 

CONSIGNORS : 

An act for the protection of consignors of fruit, grain, flour, etc., to be sold on 
commission 95 

CONSTITUTION, AMENDMENT OF. 

An act for submitting an amendment of the constitution of this state to a vote of 
the electors at the next general election 96 

An act to provide for ceiling a convention to revise, alter or amend the constitu- 
tion of the state of Illinois 97 



CONTENTS. 



CONTRACTS: pack. 
An act to amend an act therein named ino 

CONVICTS; 

An act to allow convicts in the penitentiary a credit for good conduct in diminu- 
tion of their term of imprisonment 101 

An act concerning persons committed to the penitentiary 102 

An act supplementary to an act entitled "An act for the government and di^'ci- 
pline of the Illinois penitentiary," and amendments thereto, passed at the pre- 
sent general assembly 103 

An act to provide for the employment of county convicts 103 

CORONERS : 

An act to further define the duties of coroners 1 04 

CORPORATIONS : 

An act to authorize the formation of corporations to provide the members thereof 

with homesteads, or lots of land suitable for homesteads 105 

An act to amend the several acts relating to municipal corporations, passed by 

this, the twenty sixth general assembly HI 

An act to legalize the acts of municipal and other corporations, during the recess 
of the 26th general assembly of the state of Illinois 112 

COUNTY COURTS : 

An act to repeal an act entitled "An act to amend an act establishing county 
courts," approved Feb. 12, 1849, and to extend the jurisdiction of the county 
courts of Crawford, Jasper, Cumberland, Cawrence, Richland, Clay, Hamilton, 
Rock Island and Mercer counties, approved Feb. 21, 1863, so far as said act ap- 
plies to the county of Crawford 145 

An act to amend an act entitled "An act to extend the jurisdiction of the county 
courts of Grundy and Livingston counties," approved Feb. 15, 1855 146 

An act to regulate the terms of the county court of LaSaile county, and to regu- 
late the practice in said court 146 

An act to repeal an act entitled "An act to extend the jurisdiction of the county 
court of Marion county 148 

COUNTY JUDGES : 

An act to provide for filling vacancies in the office of county judges 148 

An act to amend an act entitled "An act to provide for the compensation of coun- 
ty judges," approved Feb. 26. 1867 149 

An act to provide for an interchange of holding court by the judge of the county 
court of Cook county, and the judges of the various courts of record in Cook 
county 149 

An act to provide for additional compensation to the county judge of JoDaviess 
county, in this state 150 

An act to extend the jurisdiction of the county judge of Lee county, Illinois, 
where acting as justice of the peace 150 

An act to amend an act entitled "An act to extend the jurisdiction of the county 
judge of ■^ ill county, Illinois, while acting as a justice of the peace 151 

COUNTY RECORDS : 

An act to legalize certain records of the county court and board of supervisors 
of Iroquois county 1^1 

An act relating to the records of the county court of Marshall county 152 

COUNTY SEATS : 

An act to provide for the removal of the county seat of Knox county 152 

An act to relocate the county seat of Henderson county 155 

An act to provide for the relocation of the county seat of Woodford county ... .157 

COUNTIES— MISCELLANEOUS : 

An act to enable counties to establish county normal schools 158 

An act to authorize county courts and boards of supervisors to vacate streets and 

alleys, or parts thereof, in unincorporated towns and villages. ^ 160 

An act to repeal an act entitled "An act to amend an act entitled ' an act to per- 
fect the liue between Rock Island and Whiteside counties,' " 161 



Vlir CONTENTS. 

COUNTIES— MISCELLANEOUS : page. 

An act to repeal section two of an act entitled "An act giving the counties of 
Alexander and Pulaski concurrent jurisdiction over Cache river, and for other 
purposes," approved f'eb. 21, 1867 161 

Au act to authorize the election of a county surveyor for Brown county 

An act to facilitate the assessment of real estate in the county of St. Clair 162 

COURT, SUPREME : 

An act in relation to practice in the supreme court 163 

CRIMINAL CODE: 

A.n act in relation to the criminal code of this state, and amendments thereof. 112 

CRUELTY TO ANIMALS: 

An act to incorporate the Illinois Society for the prevention of cruelty to animals. 114 
An act for the prevention of cruelty to animals 115 

DAIRIES : 

An act to protect butter and cheese manufacturers 163 

DIVORCE : 

An act in relation to divorce, alimony and maintenance in certain cases of 
bigamy 164 

DOGS : 

An act to authorize and empower the several county courts and boards of super- 
visors in the several counties of this state to provide for the levy and collec- 
tion of a tax on dogs in their respective counties, and to impose fines and pen- 
alties in certain cases, and provide for the enforcement and collection of the 
same 165 

DRAINAGE : 

An act to amend an act entitled "An act to facilitate the drainage of wet lands," 
approved February 16, 1865 ; also, to amend an act entitled "An act to amend, 
the drainage law," approved February 25, 1867 167 

An act to amend certain drainage acts herein mentioned 169 

An act to amend an act entitled "An act to amend the drainage law," approved 
February 25, 1867, and apply the same to Henderson county 171 

An act to amend an act entitled "An act to authorize the drainage of wet lands in 
townships forty-one (41) and forty-two (42), in ranges thirteen and fourteen, and 
sections one, two, eleven and twelve, in township forty, in range thirteen, and 
to incorporate the drainage commissioners for that purpose," approved Februa- 
ry 15, 1855, and the acts amendatory thereto 172 

ELECTIONS : 

An act to prevent frauds in elections for subscriptions to stock in or for dona- 
tions in aid of any incorporation, or concerning county seats 172 

E STRAYS: 

An act to prevent domestic animals from running at large in the counties of Ran- 
dolph, Perry and Washington . .173 

An act to prevent domestic animals from running at large in the counties of Will 
and Winnebago 176 

FAIR GROUNDS: 

An act to protect fair grounds and fair ground property 177 

FEES: 

An act in relation to the fees of the state's attorney of the seventh judicial cir- 
cuit 178 

An act to amend an act entitled "An act in relation to the fees of certain county 

ofiicers in certain counties therein named," approved February 26, 1867 178 

An act to repeal certain acts therein named 179 

An act reducing, regulating and fixing the fees of certain county and other officers 

in certain counties therein named 179 

An act to regulate the fees of county officers of the oounty of Fayette 180 



CONTENTS. 



FEES: PAGE. 

An act to amend an act in relation to the fees of certain officers in certain conn- 
ties therein named, approved February 16, 1865, and also an act entitled "An 
act in relation to fees of count? officers in certain counties," approved March 1, 
1 S 6 7 ', : 180 

An act to repeal the increased fees of certain officers in the county of Ham- 
ilton 181 

An act to amend an act entitled "An act to amend an act in relation to the fees 
of certain officers in certain counties therein named, approved February 26, 
186'7, and also to amend an act entitled "An act to amend an act to regulate the 
fees and compensatioa of sheriffs and collectors, in force in certain counties," 
approved February 26, 1867 ISl 

An act to amend an act entitled "An act to amend an act to regulate the fees and 
compensation of sheriffs and collectors in certain counties," approved Februa- 
ry 26, 1867 182 

An act to repeal certain laws increasing the fees of certain officers in Kendall 
county, Illinois 182 

An act in relation to the fees of cert un "officers in Peoria county 18^ 

An act in relation to fees of certain officers in the counties of Pike and Scott. . . . 183 

An act to increase the fees and compensation of sheriffs in Vermilion county , . . .183 

FISH: 

An act for the preservation of fish in Rock river and its tributaries 184 

An act for the preservation of fish in the county of Adams 18.5 

An act for the preservation of game in Henry county, and to preserve the fish in 

Green river, in said county *. 186 

An act to prohibit the netting of fish in Kankakee, Iroquois and McHenrv coun- 
ties '. 187 

An act to prohibit the netting of fish within the county of Will 188 

CtAME : 

An act to amend an act entitled "An act for the preservation of game." approvpd 

February 16, 1865 .' ".'. 188 

An act for the preservation of game in Henry county, and to preserve the fish in 

Green river, in said county *. ISO 

An act to extend the provisions of the game law to certain counties therein 

named 190 

An act to amend an act entitled "An act for the preservation of game," approved 

February 16, 1S65 .191 

An act for the preservation of game in Montgomery county, and to amend an act 

entitled "An act for the preservation of game," approved February 16, 1865. . .192 
An act to extend the provisions of the game law to the county of Moultrie 192 

OtAS COMPANIES: 

An act to punish frauds upon gas consumers and gas light companies 19S 

GUARDIAN AND WARD : 

An act to regulate the sales, by guardians, of the interests of minors, in water 
power and real estate connected therewith r^4 

IMFROVEMEXrS: 

An act to amend the ciiarter of the American Bottom Board of Improvement, ap- 
proved February 10, 1853, and all acts amendatory thereof 196 

An act to prevent the unjust delaying by injunction of public improvements order- 
efi by the proper authorities of the city of Chicago '. 201 

An act to authorize certain counties and towns to aid public imin'ovements 202 

INCIDENTAL EXPENSES : 

An act making appropriations for .^services rendered and materials furnished re- 
maining unpaid, and not otherwise provided for 204 

INSURANCE : 

An act to incorporate and to govern fi^e, marine and inland navigation insurance 

companies doing business in the state ol Illinois 2(i9 

An act to organize and regulate the business of life insurance 229 



CONTENtS. 



INSURANCE: page. 

An act to punish frauds upon insurance conipanies 235 

An act to amend an act entitled "An act to .uthorize the formation of townfhip 
insurance companies," approved February 20, 1867, appliciib^e only to ti.e Buck- 
eye Insurance Company organized under said act, d- any other company that 
may be or has been organized in Stephenson county .* " . . ..230 

JUDGES: 

An act in reference to the tenure of office in certain cases 238 

JUDGMENTS: 

An act to provide for interest upon judgments 233 

JURIES : 

An act to regulate the practice in impauneling juries in civil causes in this 
state 239 

JUSTICES OF THE PEACE : 

An act to extend the jurisdiction of justices of the peace and police magistrates in 
certain cases 2S9 

LANDLORD AND TENANT: 

An act to amend the law of landlord and tenant 240 

LANDS, PUBLIC: 

An act to provide for the permanent survey of lands , 241 

An net to amend an act entitled "An act for the sale of swamp lands," approved 
February 14, A. D. 1859, and to- restrain St. Clair county from selling certain 
lands, and for other purposes 243 

An act to provide for the sale of a tract of land belonging to the state of Illinois, 
and situated in Fayette county 243 

An act to authorize the auditor of state to convey certain land therein men- 
tioned 244 

An act providing for the sale of hinds received by the state in satisfaction of 
judgments, etc 245 

An act in relation to a portion of the submerged land and hike park grounds, ly- 
ing on and adjacent to the shore of Lake Michigan, on the eastern frontage of 
the city of Chicago 245 

An act to cede jurisdiction to the United States over certain land in Madison 
county, uear Alton, Illinois, for the purpose of establishing a national ceme- 
tery .'. 249 

LAND TITLES: 

An act to provide for the preservation of the field notes, maps and other papers 
appertaining to land titles in the state of Illinois 249 

LAWS, PUBLIC: 

An act to provide for publishing the public laws for immediate use, and in rela- 
tion to certain decisions being prima facie evidence 250 

LEGAL NEWS, CHICAGO : 

An act to amend an act entitled "An act to incorporate the Chicago Legal News 
Company," approved February 27, 1869, and for other purposes 251 

LEGAL NOTICES : 

An act to regulate the publication of legal notices in a certain county therein 
named 252 

An act to regulate the manner of giving notice in legal proceedings 25S 

LIBRARIES, PUBLIC: 

A.n act in relation to public libraries 253 

MACHINES, THRESHING: 

An act to require owners of threshing and other machines to guard against acci- 
dents 254 



MARRIED WOMEX: page. 
An act in relation to the earnings of married women 255 

MECHANICS' LIEX: 

An act amendatory of the mechanics' lien law of this state 255 

An act to provide for the redemption of property sold under mechanics' lien 258 

An act to extend the provisions of an act entitled "An act for the better secu- 
ritv of mechanics erecting Jjuildings in the state of Illinois," approved Februa- 
ry 14, 1863 258 

An act to amend an act entitle<i "An act for the better security of mechanics 
erecting buildings in the state of Illinois," approved February 14, 1863 258 

MINERAL OILS: 

Ah act to provide for the inspection and sale of mineral oils used for illuminating 
purposes 259 

NAMES CHANGED, PERSONS: 

An act to change the name of Mary Ellen Askins, and for other purposes 262 

An act to change the name of William Bowles to William Creed, and to legalize 

the adoption of said William Cieed as the son of Thomas Creed, and to make 

said William Creed an heir-at-law of said Thomas Creed 263 

An act to change the name of Jane Coombs to that of Jane Pattou, and make her 

heir-at-law of James R. Patton and Hannah R. Patton 263 

An act to change the name of James W. Coon 263 

An act to change the name of Lucretia Antoinette Denning 264 

An act to change the name of Otto William Engleman and Elijah Alexander 

Englemao to William Bull and Elijah Alexander Bull 264 

An act to change the name of John Kelley, and make him heir-at-law of David 

Riffe V and Mrs. Ruth Rifiey, wife of David Rififey 264 

An act to cliange the name of Albert King to that of Albert GriiHn 265 

An act to change the name of Ada Byron Gilmore 265 

An act to change the name of Druzilla Lacock 26a 

An act to change the n^me of Pascal Lahargonette 266 

An act to change the name of Martin Meeker to Martin M. Turner 266 

An act to change the name of Marian Louise McMaster 'iQ6 

Ah act to change the name of Charles Muthank to Charles Munt 287 

An act to change the name of Joh:i Heiiry Parks 267 

An act to change the name of Mary Jane Head 267 

An act to change the name of James Alien Rogers to James Allen Seass, and to 

make him the heir-2t-]aw of Edward H. Seass and Hannah E. Seass 267 

An act to change the name of Cora Snell to Ellen Madeline Sloan, and make her 

the heir-at-law of Horace L. Sloan and Eliza A. Sloan 268 

NAMES CHANGED, TOWNS: 

An act to change the name of the toR-u of Allin, in McLean county, Illinois, to 
the name of Stanford 268 

An act to change the name of the town of Blue Town, in Tazewell countv, to that 
of Hilton ' 269 

An act to change the name of Clarksville, McDonough county, Illinois, to the 
Lame of Sciota, McDcnough county, Illinois 269 

An act to change the name of the town of Coloma in Washington cou]ity, and to 
incorporate said to wn , 270 

An act to change the name of Concord, McLean county, toDanvers, McLean coun- 
ty, Illinois, and to incorporate the same 273 

An act to change the name of Coulterville, Randolph county, Ill^no s, to Grand 
Cote 274 

An act to amend an act entitled "An act to incorporate the town of Dement, 
in Ogle county, Illinois," to change the name thereof lo Creston, and to eiJarge 
the police powers of said town 274 

An act to change the name of Glascoe, in Peoria county, to G'asford 278 

An act to amend an act to change the name of the town of Grand Cote 278 

An act to change the name of the town of Howard in the couuty of Winnebago. 279 

An act to change the name of the town of Lvsander, in the county of Winne- 
bago , '. 279 



XII CONiKNTS. 

NAMES CHANGED, TOWNS; page. 

An act to change the name of the town or village of Mount Pleaj^ant, in DeWitt 
county, and state of Illinois 2*79 

An act to change the name of the town of Rand to Desplaines, and incorporate the 
same 280 

An act to change the name of the town of Sheridan, in McDonough countv, to 
Good Hope '....290 

An act to change the name of the town cf Sutton to that of Bently, and to incor- 
porate the same 291 

An act to change the name of the tov.'n of Wiona, in the county of Bureau, to 
Maiden ." 297 

NAVIGATION : 

An act to repeal section 2 of an act entitled "An act giving the counties of Alcx- 
:inder and Pulaski concurrent jurisdiction over Cache river, and for other pur- 
poses," approved February 21, 1867 261 

NEWSPAPERS: 

An act to punish the stealing of newspapers and periodical . . .262 

NORMA!. UNIVERSITY, SOUTHERN: 

An ;ictto authorize cities and towns in souihern Illinois to issue bonds in aid of 
the Southern Illinois Normal University ..297 

NOTARIES PUBLIC: 

An act concerning notaries public 299 

OFFICERS, STATE: 

An act to regulate the publishing of reports of state officers and other persons. . . .300 
PARTNERSHIPS : 

An act to facilitate the settlement of the partnership interest of deceased persons' 
estates 300 

PATENT RIGHTS : 

An act to regulate the sale of patent rigJAts in the state of Illinois, and prevent 
frauds connected therewith '. . . .302 

PECAN TIMBER : 

An act for the preservation of pecan timber 303 

PENITENTIARY : 

An act to fix the pay and salaries of certain oilicers of the penitentiary at Joliet.304 
An act in relation to the compensation of the commissioners of the Illinois State 
Penitentiary 304 

PRINCIPAL AND SURETY: 

An act in relation to principal and surety 305 

PRINTING PAPER, ETC: 

An act in relation to contracts for printing paper and stationery for the use of the 
state 305 

PRIZE FIGHTING: 

Aa act to prevent prize fighting and sparring or boxing exhibitions 307 

RAILROADS : 

An act to amend the railroad law ,* * ■ ■ '"^^^ 

An act to smend an act entitled "An act to provide f.>r a general system of rail- 
road incorporations," approved November 5, A. D. 1849 ;••.■■■ ^^^ 

An act concerning railroad rates for the conveyance of passengers and freight 

in the s'.ate of Illinois . ~ 309 

An act relating to fires caused by locomotives 312 

An act to protect lives and property of persons at railway crossings of the public 

highways _ 312 

An act relating to fencing railroads, and service of process in relation thereto. . , .815 



RAILROADS: pahh. 

An act to fund and provide for paying the railroad debts of counties, townships, 
cities and towns ... 316 

An act for the collection of railroad taxes in certain counties, cities and towns. .32'i 

An act to authorize certain counties and towns therein named to subscribe stock 
in railroad companies 322 

An act to authorize the incorporated towns and townships in the counties of Liv- 
ingston, LaSalle and Marshall to subscribe to the capital stock of the Hamil- 
ton, Lacon and Eastern Railroad Company 325 

An act requiring railroad companies to cut down Canada thistles and- other noxious 
weeds along their lines of railroad 326 

RECORDS, PUBLIC : 

An act to provide for the greater accuracy and safety of the public records 327 

REFORM SCHOOL: 

An act to amend an act entitled "An act for the reformation of juvenile offend- 
ers and vagrants," approved March 5, 1867 327 

An act to amend an act entitled "An act for the reformation of juvenile offenders 
and vagrants," approved March o, 18G7, and also to amend an act amendatory 
thereto, passed at the regular session of the twenty-sixth general assembly 32S 

RELIEF, COUNTIES: 

An act for the relief of Alexander county 329 

An act for the relief of DuFage county 330 

An act for the relief of Edgar county 331. 

An act for the relief of Henderson county 332 

RELIEF, OFFICERS: 

An act to extend the time of payment to and settlement with the state bv Joseph 
H. Cully, collector of taxes for Jackson county ', 334 

An act for the relief of George S. Emerson, of Bureau county 33,5 

An act to extend the time for the payment of stolen revenue due fromthe late 
collector of Franklin county 336 

An act to extend the time of payment to and settlement with the state by Joseph 
H. McElhany, late collector of taxes for Union county 337 

An act for the relief of the sureties of Julius A. Pratt, late treasurer and col- 
lector of the county of Henry 3.53 

An act for the relief of Q. C. Ward 339 

RELIEF, PRIVATE PERSONS : 

An act for the relief of James B. Alderman and Caroline M. Alderman 52 

An act for the relief of Dorick Beauman 339 

An act for the relief of John M. Forbes, Frank T. Forbes, and Alfred T. Forbes, exe- 
cutors of Murray Forbes, deceased ' 340 

An act for the relief of the person therein named 340 

An act for the relief of Eli Hawkins.. '.'. . .Ml 

Au act for the relief of John Jackson 341 

An act for the relief of Kate Lisk ...'...'.*.".".'.*.'.. 341 

An act to amend an act for the relief of Jeptha C. Noe ." .' . 342 

An act for the njlief of certain citizens of Randolph county 343 

An act for the relief of Charles L. Perigo ' " 344 

An act for the relief of Michael Phalan .'!".*."."!! .344 

An act entitled "An act for the relief of John Salmons" ..., ^344 

An act for the relief of certain persons therein named 34.5 

An act for the relief of Joseph Wadleigh. "..'.".!!!! 345 

REPORTERS, OFFICIAL: 

An act to amend an act entitled "An act for the appointment of ofiScial reporters, 

and for the preservation of evidence in certain cases in Cook county" 346 

An act to authorize the appointment of an official reporter in the nmth judicial 

circuit.... , 345 

An act to authorize the appointment of an official reporter in the eighteenth judi- 
cial circuit 349 

An act for the appointment of reporters and for the preservation of evidence in 
certain counties therein named SKn 



COISTENTS. 



REPORTERS, OFFICIAL : pagk. 
An act to regulate the times of holding courts in the twentieth judicial circuit, 
and to provide for an official reporter in said circuit 351 

REVENUE : 

An act to amend an act entitled "An act to amend the revenue laws, and to estab- 
I lish a state board for the equalization of assessments," approved March 8, 

1867 352 

An act authorizing certain officers therein named to receive national bank notes 

and fractional currency in pavment of taxes 358 

An act to amend the revenue law 353 

An act to extend the time and define the manner of assessing and collecting taxes 
of 1868, in DuPage county 354 

REVISED STATUTES: 

An act to amend chapter nine of the Revised Statutesof 1845, entitled "Attach- 
ments in Circuit Courts" 355 

An act to amend section thirty, of chapter nine, of the Revised Statutes of the 
state of Illinois, approved March 3, 1845 355 

An act to amend chapter sixteen of the Revised Statutes of 1845, entitled " Ba-t- 
ardy" 356 

An act to amend chapter twenty-one (21) of the Revised Statutes of 1845 356 

An act to amend section twelve, of chapter twenty-one (21), of the Revised 
Statutes of 1845, entitled "Chancery" 356 

An act to amend chapter twenty-one of the Revised Statutes of 1845, entitled 
"Chancery" 357 

An act to amend chapter twenty-two of the Revised Statutes of 1845, entitled 
" Charitable Uses" 357 

An act to amend chapter XXII of the Revised Statutes of 1845, entitled " Charit- 
able Uses" 858 

An act to iiniend chapter twenty-four of the Revised Statutes, entitled " Con- 
veyances" 359 

An art to amend an act entitled "An act to amend chapter twenty-four of the 
revised code of 1845, entitled ' Conveyances,' " approved February 21, 1861 . . .359 

An act to amend chapter twenty-four (24) of the Revised Statutes, entitled " Con- 
veyances" 360 

An act to amend chapter thirty of the Revised Statutes of 1845, entitled "Crimi- 
nal Jurisprudence in relation to the Crime of Aison" 360 

An act to amend chapter thirty of the Revised Statutes 361 

An act t.) ameud section 184, chapter 30, of the Revi,:ed Statutes, entitled 
" Criminal Jurisprudence" 362 

An act t!:> amend chapter XXXVI of the Revised Statutes of 1845, entitled 
" Ejectment" 362 

An act to amend chapter forty-four of the Revised Statutes, entitled "Frauds and 
Perjuries" 363 

An act to amend chapter 47 of the Revised Statutes of 1845 363 

An act to amend chtipter fortv-seven of the Revised Statutes of 1845, entitled 
"Guardian and Ward" ." l 364 

An act to amend chapter fifty of the Revised Statutes entitled "Idiots and 
Lunatics," and to extend the provisions thereof to habitual drunkards 364 

An act to amend sections fiftv-one (51) and fifty-eight of chapter fifty-nine (59) 
of the Revised Statutes, entitled " Justices of the Peace and Constables" 367 

An act to amend chapter seventy-nine of the Revised Statutes of 1845 3C8 

An act to amend the st;itute relating to Partitions 368 

An acfto amend chapter eighty of the Revised Statutes, entitled "Paupers." ...369 

An act to amend chapter eighty-three of the Revised Statutes of 1845, entitled 
"Practice." " 370 

Ad act to amend chapter eighty-three of the Revised Statutes, ehtitled "Prac- 
tice" '. 371 

An act to amend chapter 88 of the Revised Statutes 372 

An act to amend section 134 of chapter 109, of the Revised Statutes of 1845 .. .372 

An act to amend chapter [109] of the Revised Statutes, entitled " Wills" 373 

RIGHT OF WAY : 

An act to amend an act entitled "An act to amend the law condemning right of 
way for purposes of internal improvement," approved June 22, 1852 S7S 



CONTENTS. XV- 



ROADS, PUBLIC: pagk. 

An act concerning the locating, laying out and opening of public roads 3H 

An act to permit the planting of shade and ornamental trees along public roads. 374 
An act to amend the road law so far as it relates to the county of Grundy . . .374 

ROADS, STATE: 

An act to revive an act entitled "An act to locate a state road from Viigiuia, in 
Ga-s county, to Vermont, in Fulton county, wa Bi owning, in Schuyler countjl 

and Astoria, in Fulton county 375 

An act to vacate a part of a state road in Clark county, Illinois ...... 376 

An act to relocate a part of the state road leading i'i\>m Mattoon, in Cules county, 
west of the Okaw liver, in Shelby county, to the Shelbyville and Sullivan road. 376 

An act to locate a state road in the county of Cook 378 

An act to vacate a road therein named, and re-locate the same 383 

An act to establish a state road on the county line between Kankakee and Iroquois 

county 384 

• An act to locate a ttate road from Chester, Randolph county, to Elkville, Jack- 
son county 385 

An act to relocate part of a state road therein named , 386 

An act to establish a state road from the city of Galesburg, in the county of Knox, 

to the town of Rochester, in the county of Peoria - 386 

An act to vacate a road therein named, and relocate the same 387 

An act to vacate and relocate a road therein named 388 

An act to locate a state road therein named ... 389 

An act to vacate a part of a state road leading from Springfield, Illinois, to 

Bloomington, I.linois 391 

An act to establish a public road from the south line of Sangamon ccunty to con- 
nect with the Hillsboro road 391 

An act to vacate certain public roads therein mentioned 392 

SCALES, PLATFORM: 

An act to amend an act entitled "An act prescribing and establishing a method 
for testing and correcting cattK^ and platform scales in the state of lilia jis 393 

SCHOOLS, PUBLIC: 

An act to amend the school law 393 

An act to amend section forty-three of "An act to establish and maintain a sys- 
tem of free schools," passed and approved February 16, 1857 394 

An act concerning reports of school oiScers and of incorporate institutions of 
learning 395 

An act regulating the duties of county superintendents of public schools of Brown 
and Schuyler count:es 395 

An act to lease property for school purposes 397 

An act in relition to the compensation and duty of the county superintendent of 
schools in Jo Daviess county 398 

An act to amend the school law, so far as the sime shall apply to Pike county. 398 

SECRETARY OF STATE : 

An act to provide for the authentication of documents by the secretary of state. 399 
SHERIFFS: 

An act to authorize sheriffs to appoint special deputies 399 

An act to increase the compensation of sheriffs in the county of Fulton 400 

STATE HOUSE: 

An act to repeal a portion'of section seven of an act entitled " An act to provide 

for the erection of a new state house," approved Feb. 25, 1867 401 

SUPERVISORS, COUNTY: 

An act to change the time of holding the annual meeting of the board of super- 
visors 401 

TEXAS AND CHEROKEE CATTLE: 

An act to arae:id an act entitled " An act to prevent the importation of Texas or 

Cherokee cattle into the state of Illinois," approved February 27, 1867 402 

TOWNSHIP ORGANIZATION: 

An act to amend the township organization law in relation to the collection of 
taxes for rond purposes 406 



XVI CONTEi^TS. 



TOWNSeiP ORGANIZATION: pagk. 

An act to amend an act entitled "Township Organization," approved February 

ITth, 1851 40C. 

An act to amend section two of an act entitled "An act to amend an act to re- 
duce the act to provide for township organization, and the several acts amen- 
datory thereof, into one act," passed at the session of 18C7 407 

TRANSPORTATION : 

An act to facilitate the transportation of grain, produce and merchandise 407 

An act to amend an act entitled "An act in relation to the tianspoitation of grain 

and other produce." approved February 14, 1865 4( iS 

UNITARY HOilCS: 

An act to amend an act entitled " An act to authorize the incorporation of uni- 
tary homes," approved February 25th, 1867 408 

An act to amend an act entitled "An act to authorize the incorporation of unitary 
homes," approved Feb. 25, 1867, and for the benefit of the " Woman's Home". .409 
WAREHOUSEMEN, ACT AMENDED : 

An act to amend an act entitled "An act regulating warehousemen, and authoriz- 
ing connections of railroads with warehouses, and for other purposes," approved 

Feb. 16, 1867 410 

WIDOWS AND ORPHANS; 

An act to protect widows and orphans from the sacrifice of their property by sales 

upon mortgages and trust deeds 410 

JOINT RESOLUTIONS; 

Adjournment — temporary and sine die 412 

Adjournment — temporary ; January 13th to 19th 412 

Adjournment — temporary ; commemorative of death of Lincoln 412 

Adjutant-General's Report — distribution to assembly 413 

Adjutant-General's Report — distribution to certain regiments 413 

Adjutant-General's Report — distribution to compilers and pension ofiiees 413 

Adjutint-General's Report — distribution; expense attending 413 

Adjutant-General's Report — distribution to state officers 414 

Adjutant-General's Report— distribution to state sup't public instruction, etc 414 

Adjutant General's Report — printing and binding 414 

Agricultural Society's Report 414 

Arsenal, State 415 

Cattle Convention, Report 415 

Chatterton, George W. — paper contract ; delivery delayed 415 

Ohatterton, George W. — paper contract ; account, secretary ol state to certify. .416 

Chicago — port of entry 416 

Corruption charges 416 

Constitution, Federal — amend 417 

Constitution, State — amend • • .417 

Governor's Inaugural 418 

Governor's Message 418 

Gregory, Hon. John M 418 

Ilowlett & Adair's Manual 419 

Incorporation law 419 

Insane Hospital bills 419 

Institutions, State • 419 

Inauguration of governor 420 

Naval Station 420 

Newspapers for assembly 420 

Newspapers— bound copies 421 

Quarries in Will county 421 

Report, official — committee to consider 422 

Report, official— Ely, Burnham & Bartlett appointed official reporters 422 

Reporters, official 422 

Shy. Jacob 423 

Soldiers' monument 423 

State house commissioners 423 

Statutes, Revised — order canceled 423 

Statutes, Revised — purchase and distribution 424 

Surplus funds 424 

Wilhrow, Sanford 424 



THE PUBLIC LAWS 



ST^TE OF ILLIlSrOIS. 



ABATEMENTS. 



AN ACT to amend an act entitled "Abatements," approved March, 1815, in force March 
and to extend the time for closing up the affairs of corporations. 24, 1869. 

Section 1. Be it enacted ly the People of the State of 
Illinois, Te;prc8ented in the General Assembly, That all corpcratioDs 
corporations created by special acts, or nuder general laws, j°ears'for^£ettiI- 
and whose charters or act of incorporation may have ex- ™^'^^- 
pired for any reason whatever, shall continue their corpo- 
rate capacity during the term of two years, for the sole 
purpose of collecting the debts due to said corporation, 
selUng and conveying the property and estate thereof. 

§ 2. The said companies shall use the name of their corporate 
respective corporations for the purpose aforesaid, and shall ^^"-^-^"its. 
be capable of prosecuting and defending all suits at law or 
in equity. 

§ 3. The dissolution, for any cause whatever, of any Remedy 

company created as aforesaid, shall not take away or impair fin notTmpa'ir- 
any remedy given against such corporation, its stockholders ^d. 
or officers, for any liabilities incurred previous to its disso- 
lution. 

§ 4. Ko suit pending in law or equity, for or against snits not to 
any such corporation, at the passage of this act, shall abate ''^'''®- 
by reason of the expiration of the time for which said cor- 
poration was created, if such suits were commenced before 
the expiration of such companies ; and all companies whose 
charters may have expire(i before the passage of this act. 



ABSTRACTS ACKNOWLEDGMENT OF DEEDS, ETC. 1869 

or who may have dissolved for any reason whatever, other 
than by judgment of court, shall have two years to collect 
their debts and convey their property, in order to wind up 
their affairs, and may, within two years, prosecute and de- 
fend suits in all courts of this state. The provisions of this 
act shall not apply nor extend to any corporation the affairs 
of which are being wound up by order of any court, nor 
when a receiver has been appointed, 

§ 5. This act to be in force from and after its passage. 

Approved March 24, 1869. 



ABSTKACTS. 



In force March AN ACT to provide for the keeping up of abstracts. 

30, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That in all 
Abstract of couutics having abstracts of title to real estate, and in all 
be'^^^erfected' countics which may hereafter acquire such abstracts, it 
contents, fees. ' shall be the duty of the circuit clerk to keep the same per- 
fected by entering therein abstracts of all conveyances, cer- 
tificates of purchase, of levy, of redemption, and such 
other matters, affecting the title to real estate, required by 
law to be recorded at the time of recording the same ; and 
as compensation for such services said clerk shall receive as 
recording fee, in addition to the recording fee fixed by law, 
the sum of five cents for the entry in the abstract of each 
and every- tract, which shall be collected as other recording 
fees. 

§ 2. This act shall take effect aTid be in force from and 
after its passage. 

Approved March 30, 1869. 



ACKNOWLEDGMENT OF DEEDS, ETC. 



InforcePeb. 19, AN ACT to authorize the governor of this state to appoint commissioners 
to take the acknowledgment or proof of the executions of deeds and 
other instruments, and to take depositions, etc., in other states, territo- 
ries, etc. 

Section 1. Be it enacted hy the People of the State (f 
appoia™°^c™m^ llUnois, represented -in the General Assembly, That the 
d'JeTs?"^'^ °^ governor of this sta'op may appoint .^i)d commission in any 



1869 ACKNOWLEDGMENT OF DEEDS, ETC. 3 

other state, in the District of Columbia, in each of the ter- 
ritories of the United States, and in any foreign country, 
as many commissioners as he may deem expedient : Pro- 
vided, that the number of suchi commissi9ners shall at no 
time exceed five in any one city or county; who shall con- 
tinue in office for four years, and shall have authority to 
take relinquishments of dower of married women, the ac- 
knowledgment or proof of the execution of any deed or 
other conveyance, or lease of any land lying in this state, 
or any contract, assignment, transfer, letter of attorney, sat- 
isfaction of a judgment, or of a mortgage, or of any other 
instrument or writing, under seal or not, to be used or re- 
corded in this state. And any such commissioners, ap- 
pointed for any foreign country, shall also have authority 
to certify to the ofiicial character, signature or seal of any 
other officer within their district who is authorized to take 
acknowledgments or declarations under oath. 

§ 2. Every such commissioner, before performing any Duties of be- 

,'f V. . {.•.<?!• • 1 fore enterint? 

duty or exercismg any power m or by virtue of his appomt- upon office. 
ment, shall take and subscribe an oath or affirmation, before 
a judge or clerk of one of the courts of record of the dis- 
trict, state or territory or country in which said commis- 
sioner shall reside, well and faithfully to execute and per- 
form all the duties of such commissioner, under and by 
virtue of the laws of the state of Illinois. And every such 
commissioner shall, before he enters upon the duties of his 
office, cause to be prepared an official seal, in which shall 
be designated his name, and the words, " a commissioner 
for the state of Illinois," together with the .name of the 
state, territory or country, and also the city or county with- 
in which he shall reside or have an office, and for which he 
shall have been appointed ; and shall, within six months 
after his appointment, transmit to, and cause to be filed in 
the office of the secretary of state of this state, said oath or 
affirmation, and also a distinct impression of such seal, 
taken upon wax or some other substance capable of re- 
ceiving and retaining a clear impression, together with his 
signature in his own proper writing. 

§3. Such acknowledgment or proof, so taken according Ackuowied^- 
to the laws of this state, and certified to by any such com- ™^'^*' ^^^^^° ■ 
missioner, under his seal of office, annexed to, impressed 
or indorsed on any of the instruments in writing, provided 
for or mentioned in section one (1) of this act, shall have 
the same force and effect, and be as good and efi'ectual to 
all intents and purposes in law, as if the same had been 
made or taken before any officer authorized to take such 
proof or acknowledgment, residing in this state ; and any 
instrument so authenticated shall be entitled to be recorded 
in any county in this state. 



ACKNOWLEDGMENT oV DEEDS, ETC. 



1869 



Powers of. 



Their number. 



Conflicting 
laws repealed. 



§ 4:. Every commissioner shall have power to adminis- 
ter any oath which may be lawfully required in this state, 
to any person willing to take it, and to take and certify 
depositions to be nsed in any of the courts of tliis state, in 
conformity to the laws thereof, either on interrogatories 
proposed under commission from a court of this state, or 
by consent of parties, or on legal notice given to the oppo- 
site party : and all such acts shall be as good and valid in 
law as if done and certiiied according to law by any officer 
authorized to administer oaths or take depositions within 
or without this state. 

§ 5. That the governor of this state is hereby author- 
ized to name, appoint and commission, in addition to the 
number authorized by the first section of this act, one com- 
missioner for every ten thousand inhabitants in the cities 
of other states and territories, but no commission shall is- 
sue to any applicant unless he shall present to the governor 
a certificate, under seal of the mayor of the city, or the 
judge of a court of record of the city in which such appli- 
cant resides or desires to open an office, of the number of 
inhabitants of said city, and that said applicant is a proper 
person to receive such appointment. 

§ 6. That all laws heretofore passed authorizing the 
appointment of commissioners to take the proof and ac- 
knowledgment of deeds and other instruments, and to ad- 
minister oaths in other states and territories, and prescribing 
the duty and authority of such commissioners, are hereby 
repealed : Provided^ such repeal shall not aff'ect appoint- ' 
ments heretofore made under such laws hereby repealed. 

§ 7. It shall be the duty of the secretary of state of 
this state to prepare instructions and a set of forms, in con- 
formity with the laws of this state in reference to the taking 
of acknowledgments of deeds and other instruments in 
writing, and in reference to taking depositions under the 
laws of this state, and wlien any person appointed a com- 
missioner under this act shall have filed the oath, impres- 
sion of seal and signature hereinbefore provided, in the 
office of such secretary, the said secretary of state shall 
forthwith forward to such person a certificate stating that 
such person has complied with the law, and shall also for-^ 
ward to such person a copy of such instructions and set of 
forms, to be prepared as aforesaid, together with a copy of 
this act, for which said secretary shairbe entitled to demand 
and receive the sum of five dollars of said party. 

§ 8. Any person appointed commissioner under this act, 
who shall not within six months af:er his appointment com- 
ply with the requirements hereof, and become a resident of 
or open an office in the city, county, state, territory or 
country for which he may be appointed, shall forfeit all 
rights conferred by such appointment, and the power and 



1869 ADJUTANT GENERAL. 

authority of such commissioner conferred by this act shall 
cease. 

§ 9. This act shall take effect and be in force from and 
after its passacje. 

Appkoved February 19, 1869. 



ADJUTANT GENERAL. 



AX ACT to repeal certain acts therein named, and to provide for the ap- In force March 
pointment and prescribe the duties of the adjutant general of the state of 1", lS;i9. 
Illiuois. 

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 provide for the appointment and desig- Repeal. 
nate the rank, fix the pay and prescribe the duties of the adju- 
tant general of Illinois," approved February 2d, 18G5, and 
an act entitled "An act to provide for the appointment, fix 
the pay and prescribe the duties of the chief of ordnance of 
the state of Illinois," approved February 16th, 1865, be 
and the same are hereby repealed. 

§ 2. The governor of this state shall appoint an Adjutant gene- 
adjutant general, with the rank of colonel, who shall ment.^pTy.'^'^" 
keep his office at the capital of the state, and who shall re- 
ceive for his services a salary of fifteen hundred dollars 
($1,500) per annum, and no more. 

§ 3. The adjutant general shall perform all the duties Duties and pri- 
required to be performed by the otficers mentioned in the '*'^^^°®^- 
acts specified in the first section hereof, and he shall also 
have all the rights, powers and privileges which pertain to 
said offices mentioned in said acts. 

§ 4. Said adjutant general is authorized to appoint a Assistant, 
man to take charge of the state arsenal and grounds and 
ordnance; to assist the adjutant general in taking care of 
the other miUtary property in the adjutant general's charge, 
who shall receive for his services a sum not exceeding eight 
hundred dollars per annum, which appointment shall be 
confirmed by the governor. 

§ 5. This act to take efifect and be in force from and 
after its passage. 

Approved March 10. 1869. 



ADJUTANT GENERAL. 1869 



In force April AN ACT to provide for repairs on the state arsenal, and for other purpo- 
19, 1S09. ses therein named. 

Section 1. Beit enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the sum 
Appropriation of twclvG hundred and fifty ($1,250) dollars, or so much 
for repairs. thereof as may be necessary, is hereby appropriated, to be 
paid out of any funds in the treasury not otherwise appro- 
priated, for the purpose of repairing roof, cornice, water- 
pipes, and fitting up of the state arsenal and powder 
magazine. 
Adjutant gene- § 2. That the adjutant general be and is hereby author- 
unse*JvtceaWe °^ ized to dispose of all the unserviceable arms, ordnance and 
ordnance stores, surplus office furniture, worthless books 
and papers, by public sale, and the amount of sale be turned 
over to the auditor of public accounts. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Appkoved April 19, 1869. 



arms. 



In force March AN ACT to prevent the loaning of flags and trophies of war. 

i9, 1S69. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That no 
Fiagsandt.ro- coloTS, flags, guidons, guides or trophies of war belonging 
t^lf?'' '° ^" to the state, shall be loaned or taken from the office of the 
adjutant general, or other place of deposit designated by 
law ; and it shall be the duty of the adjutant general, or the 
officer lawfully in charge of the same, to cause such colors, 
flags, guidons, guides and trophies, now loaned out, to be 
immediately returned to their place of deposit in the city of 
Springfield : Provided, that said trophies may be moved 
from place to place, to secure a more convenient and safe 
keeping of the same. 

§"2. This act shall take eftect and be in force from and 
after its passage. 

Approved March 29, 1869. 



lu force March AN ACT to provide for the distribution of the reports of the adjutant 
31, 1869. general. 

Section 1. Be it enacted hy the People of the State of 

Illinois, represented in the General Assembly, That the 

Reporte-how chairman of the committee on military affairs in the senate 

distributed. 



1869 ADMimSTKATOES AND EXECUTORS. 

and the chairman of the committee on militia in the 
house of representatives be and they are hereby authorized to 
procure the packing, boxing and transportation of the re- 
ports of the adjutant general, as contemplated by joint reso- 
lution adopted February 18th, 1869 ; and the chairman of 
said committees shall audit all bills incurred in carrying out 
the provisions of this act, and shall certify the same to the 
auditor of public accounts, who shall thereupon draw his ^^aw wM^i 
warrant on the treasurer of [the] state for the amount so au- 
dited as aforesaid, which warrant shall be paid by the trea- 
surer out of funds not otherwise appropriated. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Afpeoved March 31, 1869. 



to 
draw warrant. 



ADMINISTRATORS AND EXECUTORS. 



AN ACT to ijrovide for the disposal of unclaimed moneys in tho hands of In force March 
administrators and executors. 29, 1869. 

Section 1. Be it enacted hy the Pe(yple of the State of 
Illinois^ represented in the General Assembly, That here- 
after, when any administrator or executor shall have made Administrator 
tinal settlement with the county court, it shall be lawful for ciaimidmoneys 
the court to order said administrator or executor to deposit 
with the county treasurer such moneys as he may have, 
belonging to any non-resident, or unknown heir or claimant, 
taking his receipt therefor. 

§ 2. When money shall be deposited as aforesaid, the Disposal or 
person or persons entitled to the same may, at any time, ^°^'^^^' 
apply to the court making said order and obtain the same, 
upon making satisfactory proof to the court of his, her or 
their right thereto. 

§ 3. This act shall be in force from and after its 



Appeoved March 29, 1^ 



AN ACT to enable foreign administrators, with the will annexed, to sue in In force March 
this state. 29, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That foreign May bring 6n:t. 
administrators, with the will annexed, shall have the same 



AGKICULTUKE. 1861) 



right to bring suits in this state as is now or may be con- 
ferred by law upon foreign administrators and executors, 
and that any foreign administrator, with the will annexed, 
shall, in all things, be governed, in bringing any suits in 
this state, by the law governing foreign executors and ad- 
ministrators suing in this state. 

§ 2. This act shall bo deemed a public act, and take ef- 
fect from and after its passage. 

Appkoved March 29, 1869. 



AGRICULTURE. 



In force April AN ACT to secure the endowment fund of the Illinois Agricultursl College. 

19, 1869. 

Section 1. Be it enacted hj the People of the State of 

Illinois^ represented in the General Assembly^ That unless 

Treasurer to the treasurer of the Illinois Agricultural College shall, 

make report, ^jthin three mouths after the passage of this act, render to 
the auditor of this state a full and detailed report and ac- 
count of the amount and value of the lands donated to said 
college by the state, and of all the money, notes, interest 
and property received or receivable by said college as the 
avails thereof, and also of the expenses incurred in the sale 
of said lands, and other expenses in the management of the 
fund arifcing therefrom, in such manner as to make a com- 
plete exhibit of the financial affairs of the college, so far as 
said donation of lands and the fund arising therefrom are 
concerned, and so as to show the net amount now equit- 
ably due from said treasurer to said fund ; and upon the 
ascertainment of the amount due said fund in lands, money, 
notes and other property, the said treasurer shall execute a 

To give bond, boud, with sujfficient surety, to be approved by the said 
auditor, in a penal sum of twice the value of such lands, 
money, notes and other property, payable to the people of 
the state of Illinois, conditioned for the faithful keeping and 
use of said fund for the purposes of said donation, and that 
the principal thereof, so fast as the same shall be converted 
into money, shall be invested in interest-bearing bonds of 
the United States, or such other securities as the state audi- 
tor may direct or approve; and to make an annual account 
of all his actings and doings in regard to said fund, and 
submit the same to the state auditor, during the month of 
August in each year after the taking of such bond, and to 
faithfully apply the interest wliich shall accrue upon such 
fund to the purposes contemplated in eaid donation— then, 



funds. 



1869 AGUICULTUKB. 9 

and in the event of the refusal or neglect of such treasurer Negieetofduty 
to give such bond and make and render such account, it 
shall be the duty [of] the attorney general, under the di- 
rection of the governor, to institute proper proceedings and 
take such steps as may be necessary to amend the charter 
of said college, or to enforce the faithful application and use 
of said fund, or to recover the same back from the said col- 
lege, as shall, in the judgment of the governor, be most ex- 
pedient. 

§ 2. In case of the election or appointment of a new Bond may he 
treasurer, and his executing and delivering to the state '^°**'®'^- 
auditor a like bond, the bond of the former treasurer may 
be canceled, upon his rendering to the state auditor a satis- 
factory account, and making and paying over and deliver- 
ing to his successor in office all the money, bonds, funds 
and property in his hands belonging to said fund. 

§ 3. It shall be lawful, in case of the establishment of Transfer of 
the Southern Illinois I^ormal University, for the said col- " 
lege to transfer and make over to the trustees thereof the 
said trust fund, upon such terms and conditions as may be 
agreed upon between the trustees of said college and said 
university, and which shall be approved by the governor, 
to be used only for purposes of endowment of said uni- 
versity. 

§ 4. This act shall take etlect and be in force from and 
after its passage. 
' Approved April 19, 18G9. 



AN ACT to amend an act entitled "An act to aid and encourage agri- In force March 
cultural societies," approved February 18, 1857, revived and continued 10,1809. 
in force by an act entitled "An act to revive and continue in force an 
act entitled an act to aid and encourage county agricultural societies," 
approved February 21, 1861. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
said acts be and they are hereby so amended as to extend 
the provisions thereof to the Atlanta Union Central Agri- 
cultural Society, located at Atlanta, in the county of Logan, 
and to the Union Agricultural Institute, located at" Sand- 
wich, in the county of DeKalb. 

§ 2. This shall be deemed a public act, and shall be in 
force from and after its passage. 

Appeoved March 10, 1869. 



10 AGKIOULTUKE. 1869 



In force March AN ACT to increase the powers of the Iroquois County Agricultural Society. 

Whereas, "The Iroquois County Agricultural Society" 
organized on the 5th day of May, A. D. 1866, at Onarga, 
in said county, under the act entitled "Incorporation of 
county societies," passed February 18th, A. D. 1857; now, 

Section 1. Be it enacted hy the People of the State of 
Ulinois, represented in the General Assembly, That all the 
firmed*' ^™" rights, privileges and powers acquired by the said society, 
under and by the said incorporation act, are herel)y con- 
firmed and ratified. 
Constitution § 2. The Constitution and by-laws of said society now 

and by-laws of . "„ i i • i , . •' . .,,.-' 

society contina- in lorce, and wliicti are not inconsistent with this act or 
edmforce. .^j^j^ ^^iq laws of this State, shall continue in force until reg- 
ularly altered [or] repealed by said society, and the presi- 
dent and ofiicers of said society shall continue in office 
until their respective terms of office shall expire or be va- 
cated. 
Capital stock. § 3. The whole capital stock of the said Iroquois Coun- 
ty Agricultural Society shall not exceed twenty-five thou- 
sand dollars ($25,000) and shall be divided into shares of 
not less than five dollars ($5) and not more than ten dollars 
(^10), to be fixed by the constitution ; and at all elections to 
be held by said society, each member of the same shall be 
entitled to give one vote for each share held by him or her, 
and the voting may be in person or by proxy. 
^Subscription § 4. Books for Subscription for stock shall be opened at 
such times and places within the said county of Iroquois as 
the executive committee may prescribe; and in case of the 
non-payment of the stock, or any part of the same, the 
said society shall have power to forfeit said shares which 
■ may not be paid up, or may, at its election, sue for the de- 
linquent payments. 
Authorized to § 5. The Said society is hereby granted the privilege, 

borrow money. „„j„i.i'i,i "^ '' ^ f- ^ . 

and authorized to borrow any sum or sums oi money not 
exceeding ten thousand dollars (^10,0 0), and execute and 
give the ol)ligations or bonds of said society therefor. 

Society's real § 6. That the real estate which the said society may ac- 
estate exempted q^^j.^^ ^^ g|j-j. ^^, purchase, not exceeding forty (-lO) acres, 
shall be exempt from state and county taxes so long as they 
are used for the promotion of the objects of said society. 

Penalty for § 7. Jf auypersoD Or pcrsous shall, willfully, malicious- 

tuming in stock i " ^ i ■'^ - ^ i . i ,. ; n • i • i 

upon the ly OF wautouly, turn in any kind ot stock in the mclosure 

grounds. ^f gjjj(j society, or negligently open any gate, or tear down 

any fence, or destroy or injure anything, or do any act by 
which said society or their property may be damaged or 
destroyed, he or they or any person assisting shall forfeit 
and pay to said society triple the amount of damages that 
shall be proved befor'^ any court having jurisdiction of the 
amount claimed, wb\t;):i may be sued for in the name of the 
society. ■ 



1869 AfPROPKtATlONS. 11 



catinj^ drinks ou 

trafficked or disposed of, to bo used upon the grounds of said or withm one- 
society or within one-half mile thereof, nor shall any show, gi-onnci™proiiib- 
exhibition of man or beast, or other thing or things, for '*^'^- 
money, be held or made upon said grounds or within one- 
half mile thereof, without first obtaining the license or au- 
thority of the president and executive committee of said 
society, or such persons as they may appoint for such pur- 
pose, during the time of holding public fairs or exhibitions. 

§ 9. The said society shall have power to appoint a ^^ f ^oSit^^ o^ 
suitable police force, whose duty it shall be to preserve lice.' 
order during the exhibitions of the society ; which police 
force, when appointed, are hereby empowered and required 
to arrest and expel from the grounds, or bring before some 
justice of the peace of said county all persons who shall 
violate the laws of this state, or the rules of said society, or 
disturb the same by violent or disorderly conduct ; and any 
justice ot the peace of said county before whom any such 
offender may be brought, is hereby required and authorized 
to try the same, and upon conviction to inflict the same 
penalties now required by law. 

§ 10. This act is hereby declared a public act, and shall 
take effect from and after its passage. 

Approved March 13, 1869. 



APPROPRIATIONS. 



AJf ACT making appropriations for the expenses of the adjourned session in force April 
of the twenty-sixth general assembly, state of Illinois. l^> ^S^^- 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assemhly, That a suffi- 
cient sum of money is hereby appropriated, to be paid out Appropriations, 
of the state treasury, upon the warrant of the auditor of 
public accounts, as follows : To the speaker of the senate 
and house of representatives, each the sum of sixty dollars, 
and to each member of the senate and house of representa- 
tives the sum of forty dollars, as extra pay and expenses 
incurred by them in attending the adjourned session of the 
twenty-sixth general assembly, commencing April 14, 1869. 

§ 2. A sum sufficient to pay Ely, Burnham and Bart- official repor- 
lett for four men, employed by them, at the rate of fifteen ^^^^- 
dollars per day, each, as official reporters of this general 
assembly, from the fourteenth day of April to the day of 
adjournment ; also the same sum for four men, for three 



12 



APPROPRIATIONS. 



1869 



Miscellaneous. 



days' service as reporters, to be certified to by the speakers 
of each house. 
Copies far- § 3. A sum Sufficient to pay the secretary of state for 
iSNewa?^" copies of the pubUc laws of the twenty-sixtli general assem- 
bly, furnished or to be furnished by the secretary of state 
to the Chicago Legal Nexos^ a paper published in Chicago, 
under an act of the twenty-sixth general assembly, approv- 
ed March 24, 1869, Bills to be approved by the governor. 

§ 4. To Ira J. Halstead, assistant clerk, eight dollars 
per day, for services rendered as such assistant clerk, from 
the twenty-fourth day of March, 1869, to the fourteenth 
day of April, 1869 ; also to the chairman of [the] joint commit- 
tee of engrossed and enrolled bills, eight dollars per day from 
the sixteenth day of March, 1869, to the last day of March, 
1869, on the part of the house, and to the chairman on the 
part of the senate committee of engrossed and enrolled bills, 
the sum of eight dollars per day for the number of days of 
actual service during the recess of this general assembly. 

§ 5. To each member of the committee on public build- 
ings and state library the sum of thirty dollars, incurred by 
them for extra expenses ; and to each of the said members the 
sum of thirty dollars, to be incurred by them in visiting 
Springfield in the future to pass upon the state house plans ; 
and the sum of thirty dollars to each member of the select 
senate committee that visited Jacksonville for the purpose 
of examining the stone in the new court house. 

§ 6. This act shall be deemed a public act, and take 
effect from and after its passage. 

Approved April 17, 1869. 



Special. 



In force March AN ACT making appropriations for the ofBcera and members of the next 
30, 1S69. general assembly, and for the salaries of the ofiacers of the government. 

Section 1. Be it enacted hy the People of the tState of 
Illinois^ reijresented in the General Assemlly^ That the foi- 
Appropriations. lowing appropriations be and the same are herebv made to 
the members and officers of the twenty-seventh general 
assembly, and for the salaries of the officers of the govern- 
ment from the adjournment of the twenty-sixth to the ad- 
journment of the twenty-seventh general assembly, viz : 

1st. To the speakers of the senate and of the house of 
representatives, each the sum of three dollars per day fur 
the first forty-two days' attendance, and two dollars per day 
for each day's attendance thereafter. 

2d. To each member of the senate and of the house of 
representatives, the sum of two dollars per day for the first 



1869 APPKOPKIATIONS. 13 

forty-two clays' attendance, and one dollar per day for each 
day's attendance thereafter. 

3d. To the speaker and each member of the senate and 
of the house of representatives, ten cents per mile for each 
mile necessarily traveled in coming to and returning from 
the seat of government. 

4th. To the secretary of the senate, and to the clerk of 
the house of representatives, each the sum of six dollars 
per day during the session ; to the assistant secretaries ol 
the senate, and the assistant clerks of the house of repre- 
sentatives, and the enrolling and engrossing clerks of both 
houses and their assistants, each the sum of six dollars per 
day during the session. 

5th. To the sergeant-at-arms and assistant of the senate, 
and the door-keeper and assistant door-keeper of the house 
of representatives, each the sum of six dollars per day du- 
ring the session. 

6th. To the post master of the senate, and to the post- 
master of the house of representatives, and to their assis- 
tants, each the sum of six dollars per day during the ses- 
sion. 

§ 2. The time for which compensation is hereby allowed. Time, how 
and the mileage to each member of the general assembly,^ ^^^p^'^*^' 
and the time of each officer, except the time and mileage of 
the speakers of each house, shall be certified by the speak- 
ers of the senate and house of representatives respectively ; 
and the time and mileage of the speaker of the senate shall 
be certified by the secretary of the senate ; and of the 
speaker of the house of representatives, by the clerk of the 
said house, all of which shall be entered upon the journals 
of the respective houses and published therewith. Upon 
the presentation of such certificates to the auditor of public 
accounts, he shall draw his warrants upon the state treas- 
urer in favor of the persons severally entitled to the same, 
which warrants shall be paid from the revenue fund. 

§ 3. The following sums are hereby appropriated for 
the salaries of the officers of the government, viz : 

1st. To the governor, at the rate of one thousand and five 
hundred dollars per annum. 

2d. To the secretary of state, at the rate of eight hun- 
dred dollars per annum. 

3d. To the auditor of public accounts, at the rate of one 
thousand dollars per annum. 

4th. To the state treasurer, at the rate of eight hundred 
dollars per annum. 

5th. To each of the judges of the supreme court, at tlie 
rate of one thousand and two hundred dollars per annum, 
6th. To each of [the] judges of the circuit courts, at tlio 
rate of one thousand dollars per annum. 

7th^ To each of the state attsorneys, at the rate of five 
hundred dollars per annum. 



li APPKOPEIATIOXS. 1869 

Sth. To the judges of the superior court of Chicago, the 
judge of the Alton city court, the judge of the court of 
common pleas of the citj of Cairo/the judge of the court 
of common pleas of the" cities of Aurora and Elgin, each 
at the rate of one thousand dollars per annum. 

9th. To the prosecuting attorneys of the superior court 
of Chicago, at the rate of two hundred and fifty dollars per 
annum; to the prosecuting attorneys of the recorders 
court of Chicago, the Alton city court, the court of com- 
mon pleas of the city of Cairo, each at the rate of two 
hundred and fifty dollars per annum ; and the auditor of 
public accounts shall draw his warrants on the revenue 
fund for the payment of the several amounts herein pro- 
vided in quarterly payments, to he paid by the state treas- 
urer out of any moneys in said fund not otherwise appro- 
priated. 

§■ 4. This act is a public act, and shall be in force from 
and after its passage. 

Appeoved March 30, 18 G9. 



In force Janua- AN" ACT to provide for the partial payment of the mileage and p»t diem of 
ry 14, ii69. ^^le members and officers of the twenty-sixth general assembly. 

Section- 1. £e it enacted hy the People of the State of 
Illinois^ rejyresented hi the General Assembly, That imme- 
speaker to diately upon the passage of this act, the speaker of the 
autoOT \ ust house of representatives shall certify to the auditor of pub- 
cferts™^?^!?- ^^^ accounts a correct list of all members, officers and em- 
titied^' ^to ■' the ployees of the house of representatives, and the speaker of 
siuiiof$»). ^j^g senate shall, in like manner, certify a correct list of all 
the members, officers and employees of the senate, which 
lists shall be filed in the office of the auditor, who shall 
thereupon draw his warrant on the treasurer, in favor of 
each member of this general assembly so certified to him, 
for the sum of fifty dollars ; which sum shall be in part 
payment for the mileage and per diem of such members 
for their attendance upon this general assembly ; and said 
auditor shall draw his warrant on the treasurer in favor of 
each elective officer of the senate and house, and the assis- 
tant clerks of each house, and the clerk of each standing 
committee of the senate and house, and each official repor- 
ter, for the sum of fifry dollars, which sum shall be in part 
payment of the per diem of such officers for their attend- 
ance and services at this session of the general assembly ; 
and the said auditor shall draw his warrant on the treasurer 
in favor of each employee of the senate and house, other 
than those above specified — which employees embrace po- 



1869 APPE0PRIA.TI0N8. 15 

licemen. assistant post-masters, firemen, mail carriers, pages 
and porters — for the sum of tvventy-tive dollars, each, which 
sum shall be in part payment of the per diem of sudi em- 
ployees for their attendance and services at this session of 
the general assembly; and said warrants shall he paid out 
of any money in the treasury not otherwise appropriated 
by law. 

§ 2. This act shall take efi'ect and be in force from and 
after its passage. 

Appkoyed January 14, 1869. 



AX ACT making appropriations for the part payment of the members and in force Feb. 11, 
officers of the twenty-sixth general assembly, and clerks of the commit- iS'iO. 

tees thereof. 

Section 1. Be it enacted hy the Peoj^le of the State of 
Illinois, rejyre.sented in the General Assembly, That the audi- 
tor of state draw his warrant in favor of each ofdcer and partial appro- 
member of this general assembly for the sum of fifty dollars, P^ation. 
and in favor of each clerk of a committee for a like sum, 
upon the treasurer, to be paid out of any moneys in the 
treasury, not otherwise appropriated, in part payment of ' 

said ofiicers and clerks : Provided, that such oflicer or clerk 
shall first present to the auditor the certificate of the proper 
officer or chairman of a committee that such amount ia due 
such ofiicer, or clerk, or member. 

§ 2. This act shall be deemed a public act, and take 
efiect from and after its passage. 

Appeoved February 11, 1869. 



AN ACT to provide for the ordinary and contingent expenses of the gov- j , 

ernment until the adjournment of the next regular session of the general ii'*i86a*'^*^ 
assembly. ' 

Section 1. Be it enacted oy the Feojjle of the titoAe of 
Illinois, represented in the General AssernUy, That the fol- 
lowing named sums be and they are hereby appropriated. Appropriations, 
to meet the ordinary and contingent expenses of the gov- 
ernment, until the adjournment of the next regular session 
of the general assembly. 

First. — A sum, not exceeding ten thousand dollars, shall contingent 
be subject to the order of the governor, for defraying all oMer'of^l-oye^ 
such expenses as are unforeseen by the general assembly, nor. 
and not otherwise provided for by law — payments to be made 



Executive 
mausiou. 



1(3 APPKOPKIATIONS. 1869 

from time to time upon bills of particulars certified bj the 
governor. 

Second. — The sum of forty-five huudred dollars per an- 
Lim, tor fuel and lights for the executive mansion, and to 
defray the expenses of keeping the same and the grounds 
thereto attached in repair— payable quarterly upon the or- 
der of the governor. 
Clerk in goveiw Third.— The sum of twenty -five hundred dollars per an- 
nor's office. ^^^^ f^^. (jlerk hire in the governor's ofiice — payable quar- 
terly upon his order. 
Postage, 8ta. Fourth. — To the governor's ofiice, for postage, stationery, 
tSYpMng^^in telegraphing, furniture and repairs of office, and other inci- 
governor's office dental officc expcnscs, a sum not exceeding four thousand 
dollars — to be paid on bills of particulars certified by him. 
Secretary of Fifth. — To the offico of Secretary of state, for furniture, 
offlce7etc'.*"^^°^ repairs of ofiice, postage, stationery, blanks, and other inci- 
dental ofiice expenses, a sum not exceeding five thousand 
dollars — to be paid iipon bills of particulars certified by the 
secretary and approved by the governor. 
Cost of print- Sixth. — A sum, not exceeding fifty thousand dollars, for 
urae?''^^'^fami- ^^^® purpose of defraying the cost of printing, paper, station- 
ture, etc. ery, furniture and repairs, books and blanks, for the general 

assembly, and the services of v^atchmen, laborers and mes- 
sengers, and repairs in and about the state house, and for 
^ all expenses necessarily incurred by the secretary of state in 

the discharge of duties imposed upon him by law, and for 
which no other appropriation is made — to be paid upon bills 
of particulars certified by said secretary and approved by 
the governor. 
Secretary of Semuth. — To the Secretary of state, for clerk hire in bis 
state-clerk hire ^i^^^^ twenty-five hundred dollars per annum, payable 
quarterly on his order ; and four hundred and fifty dollars 
For making for making indexes and tables of contents to the laws, jour- 
bieo^^coMents' ^^^^ ^^^ reports of this general assembly. 

Auditor -for Eighth. — To the auditor of public accounts, for clerk hire, 
niture^etc' ^'"^' the sum of thiity-five hundred dollars per annum— to be 
paid quarterly. To the office of the auditor of public ac- 
counts, for furniture, stationery, repairs, postage, and other 
necessary office expenses, a sum not exceeding five thousand 
dollars— ^to be paid on bills of particulars certified by the 
auditor and approved by the governor, 
state treastirer Ninth. — To the office of State treasurer, for furniture, re- 
£e?eta '^'''^' pairs, stationery, postage, and other necessary office expen- 
ses, a sum not exceeding two thousand dollars — to be paid 
on bills of particulars certified by the treasurer and approved 
Clerk hire. by the governor. To the state treasurer for clerk hire, the 
sum of twenty-five hundred dollars per annum, payable 
quarterly. 
Superintendent Tenth. — To the Superintendent of public instruction, for 
8truc^ion-incu clcrk hire, the sum of three thousand dollars per annum, 
dentals of office, payable quarterly; and for his own salary, in addition to 



1869 APPEUPRTATIONS. 17 

ihe amount already provided by law, five hundred dollars 
per annum, payable quarterly upon his order ; and for his 
traveling expenses, a sum not to exceed live hundred dol- 
lars per annum — to be paid upon bills of particulars certi- 
fied by said superintendent and approved by the governor. 
To the oflice of said superintendent, for repairs, furniture, Repairs, far- 
periodical and educational works, and other necessary ex- cais^eta^"" ^' 
penses of said ofiice, not provided for, a sum not exceeding 
five hundred dollars — to be paid on bills of particulars cer- 
tified by said superintendent and approved by the governor; 
appropriations made by this tenth clause to be paid with 
the school fund. 

Eleventh. — To the attorney general, the sum of four Attorney gene- 
hundred dollars per annum, for rent, furniture, and fuel [for] ti^fuei, et"^' 
office — to be paid on bills of particulars certified to by said 
attorney general and approved by the governor. 

Tioeifili. — To the clerk in the fund commissioner's ofiice, cierkof fund 
twelve' hundred dollars per annum, payable quarterly : commissioner. 
Provided., that the said clerk shall not be employed longer 
than necessary in the opinion of the governor. 

Thirteenth.— To the porters of the state house, at the rate ^,^®J4«'« ^^^^^ 
of two dollars and seventy-five cents per day — to be paid state house, 
upon the certificate of the secretary of state, auditor and 
treasurer, approved by the governor. 

Fourteenth. — The sum of thirty-six hundred dollars is Repairs of 

11 ■ ^ n ^ c f • i • ^1 executive man- 

nereby appropriated tor the purpose oi lurnishmg tne exe- sion. 
entire mansion of this state, subject to the order of the 
governor, and to be used by him, at his discretion, for the 
purpose aforesaid. The governor shall keep an account of 
the expenditure of the sum, and make report thereof to 
the next general assembly. 

Fifteenth. — The sum of eight hundred dollars per an- cierk hire in 

/> 111. •, 1^ • i,,ii» n second grand 

nuu], tor clerk hire, is hereby appropriated to the cleriv ot division. 

the supreme court for the second grand division, payable 

quarterly upon his order; and four^ hundred dollars per an- sa™^ in first 

x- 1 1 1 • 1 • , 1 ,. 1 t o L^ grand division. 

num, tor clerk hire, to the clerk ot the supreme court ot tiie 
first grand division, payable quarterly upon his order. 

Sixteenth — For repairs of state house grounds, walks, state house 
fences, [and] steps, a sum not more[than one thousand dollars ^'^i'^"'^- 
— payable on bills certified by the secretary of state and 
auditor, and approved by tlie governor. 

Seventeenth. — To the state librarian, the sum of five hun- state uhrarian. 
dred dollars per annum, as provided by law — payable quar- 
terly upon his order. 

Eighteenth — To the ofiice of adjutant general, for messen- j.^j?J^'i^cl c?e/b 
gers, the sum of two hundred and fifty dollars per annum Mre, etc ' 
— to be paid quarterly. For stationery, printing, postage, 
telegraphing, furniture, rent of ofiice, fuel, lights, express- 
ing, and other incidental expenses necessary in the discharge 
of the duties of said ofiice, a gum not exceeding one thou- 

—3 



pay. 



18 APPKOPKIATIONS. 1869 

sand dollars per annum — payable on bills of particulars 
certified by the adjutant general and approved by the gov- 
ernor. 
Salary of ad- To the adjutant general, the sum of two thousand dollars 

jntant general, p^^, annum.' To the clerk in charge of ordnance and ord- 
nance stores, at the state arsenal, the sum of eight lumdred 
dollars per annum — payable quarterly on the order of the 
adjutant general. 

gM^asouic^rHaii Nineteenth. — To the Masonic Hall Stock Company of 

for' rent. the City of Springfield, for rent of rooms occupied by the 

geological survey, at the rate of seven hundred dollars per 
annum — payable quarterly during such time as said rooms 
may be occupied by said survey, and no longer. 

draw wan-ant ^° ^ ^* The auditor of public accounts is hereby directed 
to draw his warrant on the state treasurer for the sums 
herein specified, upon presentation of the proper vouchers ; 
Treasurer to and the State treasurer shall pay the same out of any mon- 
eys in the treasury not otherwise appropriated. 

§ 3. This act shall take effect and be in force from and 
after iis passage. 

Approved March 11, 1869. 



InforceJan.il, A^ ACT to provide for the postage of the present general agsemb y. 

Section 1 . Be it enacted by the Feo;ple of the State of 
Illinois., represented in the General Assonbly, That the sum 

For postage, of eight tlunisand three hundred and twenty-five dollars 
($8,825), or so much thereof as may be necessary, is hereby 
appropriated, to be paid out of any funds in the treasury 
not otherwise appropriated, for the purpose of paying the 
postage of tl'.e present general assembly. 
Mode of pay- § ^- ^n the Certificate of the secretary of state showing 

ment. the auiount of postage used by this general assembly, not 

exceeding the said sum of eight thousand three hundred 
and twenty-five dollars ($S,325), the auditor of public ac- 
counts shall draw his warrant on the treasury in favor of 
the postmaster of the city of Springfield, for the sum so 
certified by the secretary of state. 

Postage stamps. § 3. That the postago stamps ordered by this general 
assembly be furnished l\y the secretary of state to the 
speaker and members of the senate and house of represen- 
tatives, upon their written order. 
Members lim- § 4. The Secretary of state is hereby directed n-^t to 

a^iiowanc™ '^'^** allow any member or officer of the senate or house of rep- 
resentatives to draw more than his pro rata of the whole 
amount of postai^o provided for by this act. 



1869 APPROPETATIONS. 1^ 

§ 5. This act shall be in force from and after its 
passage. 
Approved January 11, 18C9. 



AN ACT to locate, erect and carry on an asylum for the insane. In force April 

16, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That upon 
the passage of this act the governor shall nominate, and by commissioners 
and with the advice and consent of the senate appoint four appointed, 
citizens, who, with the lieutenant governor, shall constitute 
a board of five, to be designated the commissioners of the 
insane asylum. 

§ 2. Said commissioners shall meet at Springfield, Meeting, or- 
within one month after the adjournment of the general g'^'^i^^"^^' ^tc 
assembly, and the lieutenant governor shall be the presi- 
dent of the board, and they shall farther organize by elect- 
ing one of their number secretary and another treasurer, 
who shall give bond to the people of the state of Illinois, 
in a sum to be fixed by the board, conditioned for the faith- 
ful discharge of his duties as treasurer, and that he will 
fully and fairly account for and pay over all money that 
may come into his hands, with at least three sureties ; and 
the board shall require an additional bond, or a new bond, 
in any sum they may deem sufiicient, whenever the same 
shall be proper or necessary to secure the state. 

§ 3. Said commissioners shall have the powers and exe- Powers and 
cute the duties hereinafter provided, and shall be charged '^'^*^"^^' 
with the duty of erecting an asylum for the insane. 

§ 4. The commissioners shall, as soon as practicable, Location, 
select and purchase or otherwise secure a lot or lots of land 
adjoining, and in some compact and convenient form, not 
less than one hundred and sixty nor more than six hundred 
and forty acres in quantity, on which to place the necessary 
buildings and make the necessary improvements for the 
uses of said asylum. 

§ 5. The land shall be selected where, in the judgnaent selection of 
of the commissioners, the best interests of the state will be site, 
subserved, taking in consideration the value of all lands 
and other property that may be donated by the citizens of 
such locality, and having a neverfailing supply of water 
passing through or so near it as to be conveniently and con- 
stantly available for all uses of said asylum, and also con- 
veniently situated for necessary supplies of luel, provisions, 
and for railroad transportation to and from the sanie. 



^0 APPEOPRlATlONS. 1869 

gover^nor^ °^ § ^' ^^^^ Commissioners shall first submit the selection 
of a site, with the price tc be paid for the land and the 
amount and value of all land and other property proposed 
to be donated by the citizens of such locality, to the gover- 
nor, and if approved by him in writing, shall procure a 
good and sufficient conveyance for such land in fee simple 
to the state, under perfect title, and obtain possession of 
all personal property so donated. 
Plans, etc., to § 7. Upon the selection and securing of the site afore- 

govemo^^etl^^ Said, Said commissioners shall procure plans and specifica- 
tions for a first-class asylum, and submit the same to the 
governor for his examination, together with the estimates 
of the cost of construction ; and if approved by the gover- 
nor, in writing, said commissioners shall for sixty days ad- 
vertise for sealed proposals to furnish the labor and mate- 
rials suitable for the construction of said asylum, according 
to the plans and specifications approved as aforesaid, and 
shall award the contract for the whole or any part thereof 
to the lowest responsible bidder, from whom they shall re- 
quire satisfactory security for the performance of the 
contract, 
saperinteu- g 8. The board shall appoint an honest and competent 

dent of biuld- • , j , <? i -i j- ^^ j • . i? ' -i 

ings. superintendent oi buildings and improvements aioresaid, 

whose duty it shall be to be always present during the pro- 
gress of the work, and see that every stone, brick, and piece 
of timber used is sound and properly placed, and whose right 
it shall be to require contractors and their employees to 
conform to his directions in executing their contracts : jPro- 
vided, hoioever, that the buildings aforesaid may be erected 
and the improvements made under the direction of the 
b^ard and its superintendent, without letting the same to 
contractors, if no acceptable bid shall be received. 
Capacity of §9 The main building shall be constructed upon the 
uj ing,ec. ^Qgt approved plan for use, and shall be of sufficient ca- 
pacity to accommodate at least three hundred inmates, with 
the officers and necessary attendants, and so planned that 
wings may be added. The outside walls shall be of stone 
or brick, the partition walls of brick, the roof of slate, and 
the whole building made as near tire proof as practicable 
for such building, and so constructed as to be warmed in the 
most healtliy and economical manner, with ample ventila- 
tion in all its parts. Provisions shall also be made for the 
confinement of insane persons denominated suicidal or 
homicidal. The out-houses shall be so placed and con- 
structed as to avoid all danger of fire, to the main buildings, 
originating in any of them. 
Treasurer, da- ^ 10. The treasurer of the board shall keep an accurate 
*^^^^°^" account of all moneys received and paid out. The account 

for articles and supplies of every kind shall be kept and 
reported, so as to show the kind, quantity and cost thereof. 



1§^9 APPROPKIATIONS. M 

§ 11. No officer, agent or employee of the board shall be^°t;^Sd la 
be a party to or interested in any contract tor materials, contracts. 
supplies, or services, other than such as pertain to their 
positions and duties. 

§ 12. The accounts of this institution shall be stated Accounts- 
and settled annually with the auditor of public accounts, or ^^^ ^^^ '^^"'^ ' 
with such person or persons as may be designated by the 
laws for that purpose. And the trustees shall, fifteen days 
previous to each regular session of the general assembly, 
submit to the governor a report of all their actions and pro- 
ceedings in the execution of their trust, with a statement of 
all the accounts connected therewith, to be by the governor 
laid before the general assembly. 

§ 13. The board shall meet quarterly at such place or Board to meet 
places as may be agreed on, and until the buildings are ^^^ "^" 
completed as much oftener as may be necessary ; and there- 
after the meetings shall be at the asylum. 

§ 14, The said board shall, as soon as his services may ^ent^°t^as™i!m~ 
be required, appoint a superintendent of said asylum, who 
shall be a physician and shall reside in the asylum. He 
shall have charge of the patients placed therein, and the 
entire control and direction of all the assistants, employees 
and inmates ; his term of appointment shall be two years, 
subject to removal only for infidelity to his trust or incom- 
petency ; his salary shall be fixed by the board, and shall 
not be reduced during the period of his appointment. 

§ 15. The said board ehall also appoint all necessary Assistaut phj- 
assistant physicians, and a steward to take charge of the stewfrds. ^ 
boarding department, and to employ or authorize the em- 
ployment of attendants and all other persons whose services 
may be necessary in the management of the asylum, and 
prescribe and regulate the duties of all persons so appoint- 
ed and employed, and provide for the medical treatmeiit of 
all inmates. 

§ 16. Insane and distracted persons residing in the whoadmitted 
state may be committed to and provided for in said asylum, ^° ^^y'^™- 
when tliere shall be sufficient room for their accommoda- 
tion, in such order and under such restrictions as said board 
may adopt and as shall be provided by law. 

8 17. Insane persons, whose estates are sufficient, shall Transportation 

1 " • , . ■• . 1 • . , , • , ^ A> -J and boarding. 

be required to pay for their transportation to and from said 
asylum, and a reasonable compensation for care and 
board. 

^ 18. Counties shall provide for the board, clothing and Duty of counties 
transportation of insane persons to and from the asylum; 
and no pauper shall be received from any county without 
an order of the county court or board of supervisors, au- 
thorizing his or her commitment to the institution, and as- 
suming to pay the expenses and charges aforesaid. 



23 



APPBOPEIATIONS. 



1869 



Appropriati' 



Charges. 
Expenses. 



Compensation 
of commission- 
ers. 



Governor's 
proclamation . 



Commission- 
ers to be- 
come trustees— 
appointment of 
trustees . 



Laws and reg- 
ulations. 



§ 19, To enable the commissioners to procure the land 
and erect the buildings, and make theiraDrovements prepa- 
ratory to the reception of insane persons in said institution, 
and to supply the necessary furniture for the same, the 
sum of one hundred and twenty-five thousand dollars is 
hereby appropriated, out of any money in the treasury not 
otherwise appropriated, payable on the orders of said board, 
and approved by the governor, required for use in sums 
of not exceeding ten thousand dollars per month — the 
first payment to be made on the first of June nest, and 
subsequent payments monthly thereafter ; but each succes- * 
sive order for subsequent payments shall be accompanied by 
an account, sustained by vouchers, showing to the satisfac- 
tion of the governor the proper expenditure of the previous 
payment. 

§ 20. The commissioners shall regulate the charges of 
persons admitted. 

§ 21. If the buildings and improvements herein pro- 
vided for shall be ready for the reception and care of pa- 
tients before the next regular session of the general assem- 
bly, the governor is authorized to make orders on the 
auditor directing him to issue warrants, at the end of each 
quarter of the fiscal year, for amounts sufficient to pay said 
expenses, and the auditor shall issue warrants accordingly, 
which shall be paid by the state treasurer out of said ap- 
propriation. 

§ 22. Said commissioners shall receive the same com- 
pensation allowed the commissioners engaged in erecting 
the new state house. 

§ 23, As soon as said asylum shall be so far completed 
as to receive insane persons, the governor shall make 
proclamation thereof, and direct that such patients that 
then ^uiay be at the hospital for the insane at Jackson- 
ville, and deemed incurable, be removed to said asylum. 

§ 24. After the said proclamation of the governor the 
office of said commsisiouers shall cease, and they shall 
thereafterwards, until the meeting of the next session of 
the general assembly, be denominated trustees of the in- 
sane asylum, and manage the afiairs thereof as such and 
without other pay than their necessary expenses in so doing. 
And thereafter the governor shall nominate and appoint the 
same number of trusfees, to serve for the same term and in 
the same manner as now provided by law for the hospital 
for the insane at Jacksonville. 

§ 25. The laws regulating the reception, care and treat- 
ment of patients in the Illinois State Hospital for the Insane 
shall govern the trustees and others in this institution, so 
far as applicable, except as herein otherwise provided. 

§ 26. This shall be deemed a public act, and be in force 
from and after its passage. 

Approved April 16, 1869. 



18fi9 APPROPRIATlOiSS. 23 



AX ACT making appropriations for the Illinois State Hospital for the In- In force March 
sane, for the years 1869 and 1870. 24, 1869. 

Spxtion 1. Be it enacted hy the People of the State of 
Illinois^ rejpresented in the General Asstmhly^ That, for the 
purpose of defraying the ordioarj expenses of said hospital Appropriatious. 
ii>r the years eighteen hundred and sixty-nine and eighteen 
hundred and seventy, there is appropriated to the said 
Illinois State Hospital for the Insane, from the first day of 
March, eighteen hundred and sixty-nine, to the first day of 
March, eighteen hundred and seventy-one, the sum of 
ninety thousand dollars per annum, to be paid from the state 
treasury in equal quarter-j^early payments, as required for 
use. 

§ 2. For removing the present highly inflammable Appropriations 
Wooden structure connecting the main and rear buildings, ~" 
and substituting one that is fire-proof, the sum of five thou- 
sand dollars. 

2d. For improving the ventilation of ti;o old wings, the 
sum of seven thousand and five hundred dollars. 

3d. For the improvement of the water w^crks, the sum 
of two thousand dollars. 

4th. For new cooking ranges, washing machines and 
sinks, the sum of two thousand dollars. 

5th. For the patients' library, the sum of five hundred 
dollars per annum, 

§ 3, The trustees are directed to insure said hosjutal ; insurance. 
and for the purpose of efiecting an insurance, there is ap- 
propriated to the Illinois State Hospital for the Insane, the 
sum of seven hundred and fifty dollars per annum. 

§ 4 If any of the sums hereinbefore appropriated for Deficiency, 
specific objects shall be found, by the board of trustees, on 
further information and examination by them, to be insuffi- 
cient to pay for the objects proposed, then such particular 
appropriation shall not be drawn trom the state treasury ; 
and no appropriation hereinbefore made shall be diverted 
trom the objects for u'hich it is specifically appropriated. 

§ 5. The auditor of public accounts is hereby authorized Payment, how 
and required to draw his warrant on the treasurer for said ^^ ^' 
sums, upon orders of the board of trustees of said hospital, 
signed by the president and attested by the secretary, with 
the seal of the said hospital. 

§ 6. No money shall be expended nor indebtedness in- Limitation of 
curred beyond the amount hereby appropriated. expenditure. 

§ 7. This act shall take eifect and be in force from and 
after its passage. 

Approved March 24, 1869. 



24 APPROPKIATIONS. . 18G9 



In force April AN ACT to establish the Northern Illinois Hospital and Asylum for the 
1«>18S9. Insane. 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois, represented in the General Assemlly, That there 
Establishment. pjj.^|j |^g established, as soon after the passage of this act as 
shall be practicable, an institution for the proper care and 
treatment of the insane, to be known and st3'led as " The 
IsTorthern Illinois Hospital and Asylum for the Insane." 
Selection of site g 2^ TJie governor, by and with the advice and consent 
of the senate, shall appoint nine commissioners, no two of 
whom shall reside in the same county. Said commissioners 
shall meet at the city of Chicago, within sixty days after 
the passage of this act, at such time and place as the gover- 
nor shall designate, and organize by appointing one of their 
number chairman and another secretary ; and said commis- 
sioners shall proceed to select a location for said Northern 
Illinois Hospital and Asylum for the Insane, in accordance 
with the provisions of this act. "When said location shall 
have been determined upon, said commissioners shall re- 
port the same, with a full copy of all the proceedings of 
said board of commissioners to the governor, for the use ©f the 
trustees of said institution, hereinafter provided for. Said 
commissioners shall receive two dollars per day, each, for 
every day spent in locating said institution, and their actual 
necsesary expenses during the time employed in said service. 
AVhen the location is made, as herein provided, the services 
of said commissioners shall end. The governor shall fill all 
vacancies that may occur in said commission, by death or 
otherwise, and shall certify to the auditor the amounts 
severally due them for per diem and expenses, and the 
auditor shall draw his warrants in favor of said commis- 
sioners, respectively, upon the treasurer for the sums so 
certified. 

§ 3. Said location shall contain not less than eighty 
acres of land, for a farm and site, upon which the institution 
shall be built. In selecting a location for said institution, 
the commissioners shall have especial regard to the follow- 
ing conditions: 

First. — There shall be, at easy command upon the premi- 
ses, an unfailiug supply of pure water, sufficient for bathing, 
steam heating apparatus, sewerage, and all other purposes 
for a household of three hundred persons. 

Second. — There shall be good natural facilities for com- 
plete sewerage into some unfailing stream of water. 

Third. — The commissioners shall have regard to cheap- 
ness and excellence of building material, and convenience 
of access. To aid them in selecting the best location, the 
said commissioners are hereby authorized to call in consul- 
tation and advise with one or more physicians who have 



Location 
quisites of 



1S60 APPROPRIATIONS. ^5 

had large experience in the care and treatment of the 
insane. 

§ 4. The governor shall also appoint, by and with the Trustees, 
advice and consent of the senate, tiiree trustees, to be known 
by the name and style of " The Trustees of the jSTorthern 
Illinois Hospital for the Insane." Tiie first named trustee 
shall hold his otfice fur the term of two years, the second, 
for the term of tour years, and the third, tor the term of six 
years, and until their successors are elected and qualified. 
Should any vacancy occur, by death, resignation or other- 
wise, such vacancy shall be filled by the governor, for the 
unexpired term of the trustee whose place was thus made 
vacan t. 

§ 5. Said trustees shall, before they commence the erec- Trastees to 
tion of any building or improvement, procure and place ^^^'^^^ ^ 
upon record, in the proper county, a deed or deeds convey- 
ing the perfect tirle, in fee simple, direct to the state, of all 
real estate sekcted for a site or for farm purposes for said 
institution, and are hereby authorized to receive gifts, 
grants and bequests of any real and personal estate or mon- 
ey, from persons, counties, cities, towns or townships, in 
aid of said institution, the title of which shall immediately 
vest in tlie state ; and the trustees of said institution are 
hereby authorized, after an order has been entered upon 
their records and public notice given, to sell at public auc- 
tion any real estate or personal property, donated to said 
institution, which may not be necessary or convenient for 
the use of said institution ; and the board of supervisors of 
any county, or the county court of any county vol under 
township organization, or the corporate authorities of any 
city, town or township in the state of Illinois, are hereby 
authorized to make any donations of lands or money, or 
bonds belonging to the same, to aid in the building and 
furnishing the said institution for the insane ; and the con- 
veyance of any real estate donated for such purpose, or the 
donation of money or bonds, or other valuable property, 
shall be considered valid and binding upon the persons or 
authorities making the same ; and in locating the said asy- 
lum and hospital, the commissioners shall consider the 
benefits of the said donations to the state. Their compen- 
sation for services as trustees shall be two dollars per diera, 
while actually engaged in the discharge of their official du- 
ties, and their necessary traveling expenses in going to and 
returning from the meetings of the board. No member of 
the board shall be pecuniarily interested in any contract to 
be made by the board for any purpose whatever. 

§ 6. Tlie trustees shall have charge of the general inte- Dutiesof tms- 
rests of the institution, and manage and direct its concerns, tees. 
Before entering upon the duties of their office they shall 
give bond, with such securities as required by the gover- 

—4 



26 



AfPROiPRlATlONS. 



1869 



Plans and es- 
timates. 



nor, for the faithful application of the funds placed in their 
hands, and the proper performance of their duties. They 
shall also appoint a treasurer, who shall give bonds to the 
governor for the faithful discharge of his duties. They 
shall determine his compensation for services ; also, the 
salary of the superintendent and such other officers as may 
be necessary to the able and economical administration of 
the affairs of the institution. 

§ 7. The trustees and the treasurer shall, before enter- 
ing upon the duties of their respective offices, take and 
subscribe an oath or affirmation faithfully and. impartially 
to discharge their duties, and in all respects to conform to 
the laws in force relating to said hospital and asylum. 

§ 8. At any time, not exceeding three months, after the 
selection of a site as above provided, the trustees shall ma- 
ture a complete and comprehensive plan and estimates of 
costs of buildings designed, when completed, for the ac- 
commodation of three hundred patients, said plans and es- 
timates to embrace the most approved construction, having 
reference to commendable ])rudenceand economy of expen- 
ditures. The hospital building shall be constructed in the 
most approved manner of brick or stone, and the roof to 
be lire-proof. Whatever plan shall be adopted — whether 
that known as the "cottage system," or that known as the 
"central edifice with wings," or a combination of the two 
systems — the work shall proceed by sections ; two sections, 
or other structures of sufficient capacity to accommodate 
one hundred and HWy patients, shall be first erected and 
brought into use, so that jjractical benefits may be secured 
at the earliest possible period and at the least expenditure 
of money : Provided^ that such sections or cottages shall 
be free from expensive architectural decorations, plain but 
permanent and substantial buildings, and in accordance and 
harmony with well matured plans for the whole structure. 

§ 9. The trustees for said hospital shall let contracts for 
the erection of buildings, provided for in this act, to the 
lowest responsible bidder ; and before making any contract, 
they shall give notice in at least two daily papers, of gene- 
ral circulation in northern Illinois, for at least four weeks, 
that sealed proposals will be received for the erection of 
such buildings ; the notice to give description of the kind 
and extent of the improvements to be made, and all other 
necessary specifications : Provided^ that no contract shall 
be let until the contractor or contractors shall enter into 
bonds, in double the amount of the contract price, with good 
and sufficient securities, to be approved by the trustees, 
conditioned upon the faithful performance of their con- 
tract. 

§ 10. That for the purchase of a site as above provided 
and for the procuring of plans, the erection of sections or 



Aiipropriatiou. 



1869 APPROPKIATIONS. 27 

cottages for the accommodation of one hundred and fifty 
patients, and for furniture, warming apparatus, and other 
fixtures necessary to put the same into practical use, there 
is hereby appropriated the sum of one hundred and twenty- 
five thousand dollars. 

§ 11. The treasurer of the state is hereby directed to Payment. 
pay to the trustees, upon the proper warrant of the auditor 
of state, such sums ot money of the amount herein appro- 
priated as may be required for the buildings and improve- 
ments contemplated in this act. 

§ 12. The trustees, on or before the meeting of the Trustees- report 
general assembly, at every session thereof, shall lay before 
each branch of the same an exact account of all contracts 
and expenditures v\'hich they shall have incurred in the ex- 
ecution of their duties, with vouchers for the same. 

§ 13. Whenever it shall be deemed necessary the trus- iuSient'"^'^''" 
tees shall appoint a medical superintendent, who shall be a 
graduate in medicine and surgery from some reputable 
medical college, and of acknowledged skill and ability in 
his profession. His duties and time of ofiice shall be the 
same as those ot the superintendent of the Illinois Hospital 
and Asylum for the Insane at Jacksonville, as provided by 
the laws now in force and governing that institution. 

§ 14, Whenever any ]>ortion "of the buildings shall g^^f^g'' &°'«' 
have been completed and furnished for the care and treat- 
ment of patients, they may then be admitted into the 
Korthern Illinois Hospital and Asylum for the Insane upon 
the legal processes, terms and conditions that are required 
by the laws then in force in regard to the admission of ])a- 
tients to the Illinois Hospital for the Insane at Jacksonville. 

§ 15. This act shall bo in force I'rom and after its 
passage. 

Approved April 16, 1869. 



AX ACT appropriating money to pay deficiencies of appropriatioo for the i^ f^gg March 
current expenses of the Illinois Hospital for the Insane, located at Jack- 24, 1869. 
sonville, Illinois. 

Section 1. Be it enacted hy the Peoijle of the State of 
Illinois^ repre8e7\ted in the General Assembly, That there 
be and is hereby appropriated, out of the treasury of tliis Appropriation 
state, thesum of fifteen thousand dollars (§15 ,000), which sum f<"^i^<iebiedness 
is hereby exclusively appropriated to the payment of in- 
debtedness incurred by said hospital, during the last two 
years, for the current expenses of tlie same, and not other- 
wise provided for. 



28 ArPROPEIATIONS. 1869 

payment ""^ § ^' "^^^^ ^^^ auditor of tliis state is hereby ordered 
and directed to draw his warrant on the treasurer of this 
state for the sum appropriated in the tirst section of this 
act, upon presentation to him, by tlie treasurer of the board 
of trustees of the said Illinois Hospital for the Insane, an 
order of said board of trustees, signed by the president or 
presiding otiicer thereof, and duly certified by the secretary 
of the same, under the seal of said institution ; and on the 
presentation to the state treasurer of the said warrant, he 
shall pay the same out of any moneys in said treasury not 
otherwise appropriated, 

§ 3. This act shall be a public act, and be in force from 
and after its passage. 

ArpjsovED March 24, 1869. 



In force "March ^N ACT appropi iating money for the ordinar_v expenses of the Illinois In- 
st. tution for the Education of the Blind and repairs of said Institution, 
for the \ears 1869 and 1870. 



10, 1869. 



Section 1. Be it enacted ly the Feoj>le of the IState of 
Illinois^ represented in the General Assembly, That for the 
Annual appro- purpose of defraying the ordinary expenses of the State 
priation. Institution for the education of the Blind, for the years 

eighteen hundred and sixty-nine and eighteen hundred and 
seventy, the sum of twenty-five thousand dollars, per an- 
num, from the first of March, A. D. eighteen hundred and 
sixty-nine to the first of March, A. D. eighteen hundred 
and seventy-one, be and is hereby appropriated, said money 
to be paid in equal quarterly payments, 
iiepairs. § 2. For the purpose of repairs upon the institution 

aforesaid, the sum of five thousand dollars is hereby appro- 
priated. 
?ayment,iiow § 3. The auditor of public accounts is hereby author- 
™*'^®' ized and required to draw his warrant, on the treasurer, 

for the said sums, upon or= ersof the trustees of the said insti- 
tution signed by the president, with the seal of the institu- 
tion attached thereto. 

§ 4. This act shall take effect as a public act from its 



AiTROVKD March 10, 1869, 



propnations. 



1869 APPROPRIATIONS. • 29 



AN ACT for the support of the Illinois Hastitution for the Education of the lu force Feliru- 
Deaf and Dumb. ary 27, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That for the 
purpose of defraying deficiencies in former appropriations Appropriation 
arising from necessary repairs and from tlie increase ^°^"^"®p*"'^- 
of the number of pupils at the Illinois Institution for 
the education of the Deaf and Dumb, the sum of seven 
thousand seven hundred and forty-six (^$7,746 77) dollars 
and seventy-seven cents be and is hereby appropriated out 
ot the treasury, payable on the passage of this act. 

S 2. That for the purpose of defrayino; the ordinary ex- Additional ap 
penses of said institution, trora the tir&t day ot jMarcii 
1869, to the first day of March, 1871, the sum of fifty-six 
thousand two hundred and fifty ($56,250) dollars per an- 
num be and is hereby appropriated, payable quarterly out 
of the treasury; and that there be and is hereby appropri- 
ated the further eums of two thousand ($2000) dollars per 
annum for repairs and improvements ; two thousand five 
hundred ($25ij0) dollars for procuring needed furniture, 
and four thousand (|4000) dollars for procuring a printing ^vor purcha- 
press and equipments of a printing office tor the purpose of'''"" 
instructing the pupils of said institution in the art of print- 
ing : Provided^ said trustees shall not purchase any second 
hand press or printing material. 

§ 3. That for the purpose of defraying the ordinary ex- 
penses of the Illinois Institution for the education of 
Feeble-minded Children, the sum of twenty thousand (§20,- 
000) dollars per annum, from the first day of December, 
1S68, to the first day of March, 1871, be and is hereby ap- 
propriated, payable quarterly out of the treasury. 

§ 4. The auditor of public accounts is hereby author- , Auditor to 

1 , • 1 J 1 1 • , ,1 " draw warrant. 

izecl and required to draw his warrant on tiie treasurer 
for the said sums upon orders of the board of directors of the 
Illinois Institution for the education of the Deaf and Dumb, 
signed by the president and attested by the secretary of 
said board with the seal of the institution, 

§ 5. No indebtedness shall be created, or moneys ex- iimaed°^"^'"°° 
pended for repairs, or for any other purpose by the trustees 
of said institution, beyond the amount hereby appropri- 
ated. 

§ 6. This act shall be a public act, and take efi'ect on 
its passage. 

Appkoved February 27, 1869. 



sing printing 
press. 



For feeble- 
minded children 



30 



APPBOPEIATIONS. 



1869 



In force April AX ACT supplementary t-i an act entit'ed "An act for the support of the 
19, 1S69. Illinois Institutiun of the Deaf and Dumb," approved Feljruary 27, 1S69, 

Section 1. Be it enacted hy the Ptople of the State of 
Illinois, represented in the General Assembly, That section 
Act modifled. live of an act entitled "An act for the support of the Illinois 
lustitatiijn f.T the Education of the Deaf and Dumb," ap- 
proved February '^7, 1S(.)9, be and is hereby so tar moditied 
that it shall be lawful for the board of directors of the Illi- 
nois Institution for the Education of the Deaf and Dumb to 
expend the funds accruing to said institution from interest 
on the school, college and seminary funds, in pursuance of 
the act establishing said institution, and so much of the 
funds appropriated for ordinary expenses, not exceeding 
Appropriation, four thousand dolU^rs, in procuring an additional supply of 
water for said institution. 

§ 2, This act shall be in force from and after its 
passage. 

Approved April ]9, 1860. 



In force March -^^ -^^^ ^^ purchase certain copies of the statutes of Illinois, for 
10, 1S69. of the state. 



^l"'^ J-?, P"""" chase 

chase 500 copier 



Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, Tliat tlTe 
Secretary of Secretary of state is hereby authorized and directed to pur- 
of Gross Brothers live hundred copies of a recent edi- 
tion of the statutes of Illinois known as "" Gross' Statutes." 
Upon the delivery of the same, the secretary of state shall 
give his receip: therefor, and the auditor shall, on presen- 
tation thereot\ issue his warrant for the price, at the rate 
of eight dollars per copy. 

§ 2. Said statutes shall be distributed in such manner 
as the general assembly may, by resolution, direct. The 
several acts and parts of acts, as contained in said book, 
shall be deemed and taken, in all courts in this state, ^^m«« 
facie evidence of what the law was at the several times 
when, by the dates therein given, they purport to have been 
passed, and of \vhat the law now is, unless it shall be made 
to appear that some error has been made, and in that case, 
such error shall in no way affect, as evidence, the residue 
of said work. 

Approved March 10, 1809. 



1869 APPKOPRIATIONS. 31 



AX ACT to make appropriations for maintaiHing and carrying en the lUi- In force March 
nois State Penitentiary at Joliet, and to pay its deficiencies. 11' 1^69. 

Section 1. Be it enacted ly the People of the State of 
Illinois^ representecCin the General Assembly, That, for the 
purpose of maintaining and carrying on the Illinois State Appropriation 
Penitentiary at Joliet, and detrajing the expenses of feed- p^eniTendJur^" 
ing, clothing and guarding the convicts therein, and to 
furnish a business capital with which to purchase stock, 
material, tools and machinery, in order to carry out the 
provisions of an act entitled "An act to provide for the 
management of the Illinois State Penitentiary," approved 
June 28, 1S67, the sum of three hundred thousand dollars, 
or so much thereof as may be necessary, is hereby appro- 
priated, to be paid out of the state treasury upon the audi- 
tor's warrants, to be issued at such times and in such sums 
as the penitentiary commissioners may make requisitions 
for, to be approved by the governor. 

§ 2. And he it further enacted, That the sum of fifty Appropria'.ion 
thousand dollars, as principal, and five thousand dollars for ManT^acturhTg^ 
interest thereon since the first day of Marcli, A. D. 1868, company, 
making for principal and interest fifty-five thousand dollars, 
is hereby appropriated with which to pay the Illinois Manu- 
facturing Company for purchases made of said company by 
the penitentiary commissioners, as per their agreement, which 
shall be paid out of the state treasury, from any money not 
otherwise appropriated, to said penitentiary commissioners, 
upon their requisition approved b}' the governor. 

§ 3. This shall be deemed a public act, and be in force 
from and after its passage. 

Approved March 11,^1869. 



AN ACT in relation to tUe penitcntiarv. In force March 

15, 1S69. 

Section 1. Be it enacted by the People of the State of 
Illinois, rej'resented in the General Assembly, That the 
sura of five thousand two hundred and eighty nine dollars Appropriation. 
and fifty-nine cents be and the same is hereby appropriated 
to pay the vouchers of the commissioners of the Illinois 
State Penitentiary, for work done and performed by the 
late lessees of said penitentiary. 

§ 2. The auditor of public accounts is hereby author- 
ized and directed to draw his warrant on the state treasurer 
for the amount heretofore specified and set torth in section 
one of this act, payable to the order of David Kreigh and 
Co., the present holders of said vouchers, out of any 



32 Ai'PRoi'EiATioNS. 1869 

moneys on hand in the state treasury not otherwise appro- 
priated. 

§ 3. This act is hereby declared to be a public act, 
and shall take etitect and be in force from and after its 
passaire. 

Appeoved March 15, 1869. 



In force March AN ACT entiUed "An act supplementary to the acts heretofore passed in 
10' 1868, relation to the Korraal University." 

Section 1. Be it enacted ly the Peojple of the State of 
Illinois, re])resented in the General Assembly^ That in addi- 
AdcTitionai tion to the 8um now appropriated by law for the mainte- 
appropnatioD. j^^^^^-.g ,.^^- ^y^q normal university, and expended for the salaries 
of professors in the university and for the current expenses of 
the institution, the sum of nin o thousand dollars be and the 
same is hereby appropriated to supply deficiencies in the 
salaries of professors and teachers and in the current expen- 
ses of the university ; said sum to be annually paid at the 
commencement of each year, beginnino; with the year 1869, 
by the treasurer of the state, upon the warrant of the auditor 
of public accounts. 

That the sum of five hundred dollars be and the same is 
hereby appropriated, f')r the purpose of erecting a suitable 
and sutricient fence around the university grounds, for the 
protection of the grounds and the improvements upon the 
same. 

That the sum of fifteen hundred dollars be and the same 
is hereby appropriated for the purpose of procuring proper 
apparatus for tlie university laboratory and for properly fit- 
ting up the same for use. 

That the sum of hve hundred dollars be and the same is 
hereby appropriated for the purpose of making necessary 
sidewalks upon the university grounds. 

That the sum of two thousand dollars be and the same 
is hereby appropriated for the purpose of procuring suitable 
furnitui'e for the university. 

That the sura of twenty-five hundred dollars bo and the 
same is hereby appropriated, for the purpose of making 
necessary repairs of the university building. 

That the sum of five hundred dollars be and the same is 
hereby appropriated, for the purpose of paying the expen- 
ses already necessarily incurred in erecting water-closets 
for the use of the university. 
Payment, how § 2. Tliat the Said last mentioned sums of money shall be 
paid by the treasurer of the state, out of any money in the 



1869 AfpPvorRiATioNS. 3S 



treasury not otherwise appropriated, upon the warrant of 
the auditor of public accounts ot the state of Illinois. 

§ 3. This act to he a public act, and to take effect from 
its passage, 

ArrEovED March 10, 1869. 



AN ACT making appropriations for the benefit and completion of the Illinois in force March 
Industrial University. ST, 1S69. 

Sectiox 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That the 
sum of sixty thousand dollars be and the same is hereby . Appropria- 
appropriated to the Illinois Industrial University, located portioned!^ ^^ 
at Qrbana, Champaign county, Illinois, in amounts and for 
the purposes hereinafter set forth, viz : 

To the agricultural department, including the erect on of 
barns and other out-buildings for the experimental and 
stock farm, houses for farmer and farm laborers, fencing, 
drainage, wells, teams, tools, seeds, roads, bridges, fruit and 
forest trees, and stock of several breeds and varieties, 
twelve thousand five hundred dollars per annum, for two 
years. 

To the horticultural department, including horticultural 
buildings and structures, house for gardener, barn and tool 
house, horticultural implements, fencing, underdrainage, 
roads, forest and fruit trees, shrubs, plants, etc., ten thou- 
sand dollars per annum, for two years. 

To the chemical department, the sum of five thousand 
dollars. To be used for other apparatus and for books, by 
direction of trustees, ten thousand dollars. 

§ 2. The auditor of public accounts is hereby authorized ^fanner of 
and required to draw his warrant upon the treasurer of the payment. 
state of Illinois for the said suras of money, upon orders of 
the board of trustees of said university, signed by the regent 
and attested by the secretary of said board, with the seal of 
said institution affixed thereto. And it shall be the duty 
of said treasurer, and he is hereby authorized, to pay the 
same out of moneys in the treasury not otherwise appro- 
priated : Provided^ that said orders of said trustees shall 
not be given except as, in their judgment, the necessity 
arises for the expenditure of the moneys so appropriated for 
the specific purposes herein provided. 

§ 3. This act shall be deemed a public act, and shall be 
in force from and after its passage. 



34- APPKCPKtATlOMS. 1869 

Limitation on § 4. The board of trustees shall not create any indebt- 
iUe™^^''^^'^" edness nor incur any liabilities beyond the provisions of 
this act. 

Appkoved March 27, 1869. 



In force March AN ACT supplemental to an act making appropriations for fserTices ren- 
24, 1869. dered, and materials furnished, remaining uupaid, and not otherwise 

provided for. 

Seotiotst 1. Be it enacted ly the People of the State of 

Illinois^ represented in the General Assembly, That there is 

Miscellaneous hereby appropriated to Howlett and Adair, for manuals 

appropriations. • , / ^i i. l • ,x i i i ..i x> 

turnished tiie twenty-sixth general assembly, the sum oi 
tifceen hundred and seventy-live dollars and fifty cents. 

To the mail carriers of the senate and house of represen- 
tatives, each, the sum of two dollars per day extra ; the 
number of days to be certified to by the speakers of the 
respective houses. 

To the chairman of the senate and house committees on 
enrolled and engrossed bills, the sum of eight dollars per 
day, each, for live days' services during the recess, provided 
for in the joint resolution. 

To the speakers of the senate and house of representa- 
tives, the sum of eight dollars per day, each, for live days' 
service, during the recess, signing the bills passed. 

To Ely, Burnham and Bartlctt, the sum of fifteen dollars 
per day, for each of their reporters, for four extra days, 
during the recess, as provided for in the joint resolution. 

The sums hereby appropriated to be paid out of any 
moneys not otherwise appropriated, and the auditor of 
public accounts is hereby authorized to draw his warrant 
on the treasurer for the same. 

§ 2. This act to take effect and bo in force from and 
after its passage. 

Approved March 24-, 1800. 



In force March ^"^ ■^^'^ ^■^ establish and maintain tho Southern Illinoia Normal Uni- 
9,1869. vcrsity. 

Section 1. Be it enacted by the People of the State of 

Plinois, represented in the General Assembly, That a body 

Corporation, politic and Corporate is hereby created, by the name of 

the Southern Illinois Normal University, to have perpetual 



1869 APPUOPKIATIONS. 35 

succession, with power to contract and be contracted with, 

to sue and be sued, to plead and be impleaded, to receive, 

by any legal mode of transfer or conveyance, property of 

any description, and to have, hold and enjoy the same, with 

the rents and profits thereof, and to sell and convey the 

same ; also, to make and use a corporate seal, with power General powers 

to break or change the same, and to adopt by-laws, rules and 

regulations for the government of its members, officers, 

agents and employees : Provided, such by-laws shall not 

conflict witli the constitution of the United States or of this 

state. 

§ ii. The objects of the said Southern Illinois ISTormal objects. 
University shall be to qualify teachers for the common 
schools of this state by imparting instruction in the art of 
teaching in all branches of study which pertain to a com- 
mon school education, in the elements of the natural 
sciences, including agricultural chemistry, animal and vege- 
table physiology, in the fundamental laws of the United 
States, and of the state of Illinois, in regard to the rights 
and duties of citizens, and such other studies as the board 
of education may, from time to time, prescribe. 

§ 3. The powers of the said corporation shall be vested Powers vested 
in and its duties performed by a board of trustees, nut ex- ^° *''^'*'^®°- 
ceeding five in number, to be appointed as hereinafter 
jjrovided. 

§ 4. Upon the passage of this act the governor shall Term of office, 
nominate and, by and with the advice of the senate, 
appoint five citizens of the state as trustees of said insti- 
tution, two of whom shall servo for two years, and three 
for four years, and until their successors are appointed and 
enter on duty, and successors in each class shall be appointed 
in like manner for four years : Provided, that in case of a 
vacancy b}' death or otherwise, the governor shall appoint a 
successor for the remainder of the term vacated: Provided, 
that not more than two members of said board shall be 
residents of any one county. 

§ 5. The said trustees shall hold their first meeting at Meeting of 
Centralia, within one month after the passage of this acf, at ^°^^'^- 
which meeting they shall elect one of their body as presi- 
dent and another as secretary ; and cause a regular record 
to be made and kept of all their proceedings. The said 
board shall also, whenever his services shall be required, 
appoint a treasurer, not a member of the board, who shall 
give bonds to the people of the state of Illinois in double 
the amount of the largest sum likely to come into his hands, 
the penalty to be fixed by the board, conditioned for the 
faithful discharge of his duties as treasurer, with two or 
more securities ; the treasurer may also be required to exe- 
cute bonds from time to time as the board may direct. 

§ 6. The treasurer shall keep an accurate account of all D„ty of treas 
moneys received and paid out ; the account for articles and ^'"- 



36 appeopriations. 1869 

supplies of every kiud purchased shall be kept and re- 
ported, so as to show the kind, quantity and cost thereof. 

terested iu con- § ^- ^^ member, officer, agent or employee of the board 

tracts. shall be a party to or interested in any contract for mate- 

rial?, supplies or services other than such as pertain to their 
positions and duties. 

Trustees report § 8. Accounts of this institution shall be stated and 
settled annually with the auditor of public accounts, or with 
such person or persons as may be designated by law for 
that purpose. And the trustees shall, ten days previous to 
each regular session of the general assembly, submit to 
the governor a report of all their actions aud proceedings 
in the execution of their trust, with a statement of all ac- 
counts connected therewith, to be by the governor laid 
before the general assembly. 
Meetius of § 9. The Said board shall meet quarterly at such places 

board. or place as may be agreed on, and, until the buildings are 

completed, as mucii oltener as may be necessary ; and there- 
after tlie meetings shall be at the university. 
How and § 10. Tho ifusti^cs sliall, as soon as prjicticabie, adver- 

where located, j-g^ ^^,j. pjopus-als from localities desiring to secure the loca- 
tion of said normal universit}^, and shall receive, for not 
less than three months from the date of their lirst adver- 
tisement, ]iroposals from points situated as hereinafter 
mentioned, to donate lands, buildings, bonds, moneys, or 
other valuable consideration, to the state in aid of the 
foundation and support of said university; and shall, at a 
time previously fixed by advertisement, open and examine 
such proposals, and locate the institution at such point as 
shall, all things considered, ofl'er the most advantageous 
conditions. The land shall be selected south of the rail- 
road, or within six miles north of said road, passing from 
St. Louis to Terre ilaute, known as the Alton and Terre 
Haute railroad, with a view of obtaining a good supply of 
water and oiher conveniencies for the use of the institution. 
Buiidin,i?,how § H. Upou the Selection and securing of the land afore- 

constrncted. ^^^^^^ ^^^^ trustces shall procced to contract for the erection 
of buildings in which to furnish educational facilities for 
such number of students as hereinafter provided for, together 
with the out-houses required for use, also for the improve- 
ment of the laud so as to make it available for the use of 
the institution. The buildings shall not be more than two 
stories in hight, and be constructed upon the most approved 
plan for use, shall front to the east, and shall be of sufficient 
capacity to accommodate not exceeding three hundred stu- 
dents, with the officers and necessary attendants. The 
outside walls to be of hewn stone or brick, partition walls of 
brick, roofs of slate, and the whole buildings made lire- 
proof, and 60 constructed as to bo warmed in the most healthy 
• and ocoiiomicai raanuer, with ample ventilation in all its 
parte, Tlie out-houses ^liall be 90 placed and constructe(i 



1869 Ai'Pii()rRiAi'iuNS. 37 

as to avoid all danger to the main buildings from fire origi- 
nating in any one of them. The board shall appoint an 
honest, competent superintendent of the buildings and 
improvements aforesaid, whose duty it shall he to be always 
present during the progress of the worki, and see that every 
stone, brick, and piece of timber used is soiiud and properly 
placed, and whose right it shall be to require contractors and 
their employees to conform to ids directions in executing 
their contracts: Provided, koiveve?^ that said board of trus- 
tees may appoint any one of their number such superinten- 
dent : And jprovided, further, that the buildings aforesaid 
may be erected and improvements made under the direction 
of the board and its superintendent, without letting the 
same to contractors. 

§ 12. The said board of trustees shall appoint instruc- Text-books. 
tors and instructresses, together with such other ofiicers as 
may be required in tlie said normal university, fix their 
respective salaries and prescribe their several duties. They 
shall also have power to remove any of them for proper 
cause, after having given ten days' notice of any charge 
which may be duly presented, and reasonable opportunity 
of defense. They sliall also prescribe tlie text-books, appa- 
ratus and furniture to be used in the university and provide 
tlie same, and shall make all regulations necessary for its 
management. 

§ 13. All tlie counties shall be entitled to gratuitous Mode of 
instruc'ion for two pupils for each county in said normal ^^'^'^^'"^ ^'"^'^^ 
university, and eacli representative district shall be entitled 
to gratuitous instruction for a number of pupils equal to 
the number of representatives in said district, to be chosen 
in the following manner : the superintendent of schools in Gratmtons sa- 
each county shall receive and register the names of all ^ ^'^ ■°°' 
applicants for admission in said normal university, and 
shall present the same to the county court, or, in counties 
acting under township organization, to the board of super- 
visors, which said county court or board of supervisors, as 
the case may be, shall, together with the superintendent of 
schools, examine all applicants so presented, in such man- 
ner as the board of trustees may direct ; and from the Requisite 
number of such as shall be found to possess the requisite pup^i*^'''^^"^^ "^ 
qualifications such pupils shall be selected by lot, and in 
representative districts composed of more than one county, 
the superintendent of schools and county judge, or the su- 
perintendent of schools and chairman of the board of 
supervisors in counties acting under township organization, 
as the case may be, of the several counties composing such 
representative district, shall meet at the clerk's office of the 
county court of the oldest county, and from the applicants 
80 presented to the county court or board of supervisors of 
the several counties represented, and found to possess the 



APPROPRIATIONS. 1869 



requisite qualifications, shall select bj lot the number of 
pupils to wliich said district is entitled. The board of trus- 
tees shall have discretionary power, if any candidate does 
not si^n and file with the secretary of the board a declara- 
tion that he or she will teach in the public schools within 
the stale not less than three years, in case that engagements 
can be secured by reasonable etfurts, to require candidate to 
provide for the payment of such fees for tuition as the board 
may prescribe. 
Appropriation § 14. To enable the board of trustees to erect the build- 
ings and make the improvements preparatory to the recep- 
tion of pupils in said institution, and to supply the necessary 
furniture for the same, the sum of seventy-live thousand 
dollars is hereby appropriated out of the state treasury, 
payable on the orders of said board, as required for use, in 
sums not exceeding ten thousand dollars ])er month. The 
iirst payment to be made on the tirstday of June next, and 
subsequent payments monthly thereafter, but each successive 
order for subsequent payments shall be accompanied by an 
account sustained by vouchers, showing, to the satisfaction 
of the auditor, the expenditure of the previous payment. 
Certain char- g 15. The cxpeuse of buildiug, improving, repairing, 

ulasury."^ ^^^ and Supplying fuel and furniture, and the salaries or com- 
pensation of the trustees, superintendent, assistants, agents 
and employees, shall be a charge upon the state treasury ; 
all other expenses shall be chargeable against pupils, and 
the trustees shall regulate the charges accordingly. 
Expenses, how § 16. If the buildings and improvements herein pro- 

^^^^' vided for shall be ready for the reception of pupils before 

the next regular session of the general assembly, the gov- 
ernor is authorized to make orders on the auditor, directing 
him to issue warrants at the end of each quarter of the fiscal 
year for amounts sufficient to pay the expenses chargeable 
against the State, and the auditor shall issue warrants 
accordingly, which shall be paid by the treasurer. 

§ 17. The trustees of this institution shall receive their 
personal and traveling expenses, and the auditor is hereby 
authorized to issue his warrants quarterly, upon taking the 
affidavit of the trustees as to the actual time employed, and 
their personal and traveling expenses. 

§ 18. This act shall take effect and be in force from 
and after its passage. 

Approved Marcli 9, 1869. 



Expenses 

trustees. 



186d Al^PEOPKiATIONS. 



Officers 
pointed. 



AN ACT to amend an act entitled "An act to establish a Home for the In force March 
Children of deceased Soldiers," approved March 5th, 185 7, and to make ^' ^^'^^• 
appropriations for the said home. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the Gentrat Assembly, That the 
trustees of the said home are hereby authorized to iix the 
compenpation of all the ofiicers and employees necessary 
in said institution, and which they are required to employ 
by the 2d section of the act to which this is an amend- 
ment, said compensation not to exceed what is paid to simi- ^^n^^o^^'^^' 
lar officers and employees in the other charitable institu- 
tions in this state ; and that the said trustees, acting as 
board, or by their executive committee, may remove any 
officer or employee, if the interests of the institution require 
said removal, 

§ 2. The board of ' trustees shall, by virtue of their gj°^^4*^|^i^- 
office as trustees, be the legal guardians of all the children 
who are now, or may become hereafter, inmates of the said 
home, in all cases where such children have not a legal 
guardian, and shall exercise all the powers and authorities 
incident to the office of guardianship in this state ; and 
after the expiration of the time for which children are al- 
lowed to remain in the home, the said trustees may bind out 
any discharged child, under the laws of this state, for such 
term and such purposes as said trustees shall deem proper, 
and for the interest of each child respectively : Provided, 
that in case such child shall have a parent living, the con- 
sent of such parent shall be first obtained. 

§ 3. In special cases of peculiar inability of a pupil to ormabrnty*!'^^" 
support himself, or herself, the said board of trustees or 
its executive committee may retain such pupil, although 
above the age of fourteen (14) years, and until said pupil 
has reached the age of sixteen (16), and said trustees or 
their executive committee may discharge, at an}^ 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. 

§ 4. Tiic powers and authority heretofore granted to said ^rJu^.S, et'c 
trustees, concerning the reception of donations, gifts and 
grants in and by the name and style of said institution, are 
hereby declared to embrace, and were intended to embrace 
any grant or demise of real estate and any donation or be- 
quest of money or other personal property, to be applied to 
the use of said institution. 

§ 5. That out of any money in the treasury not other- fof^^ompielloS 
wise appropriated, the sum of twenty five thousand dollars ofbuuding, 
($25,000) is hereby appropriated for the completion of the 
building of the said home at Normal ; the sum of six thou- 
sand five hundred dollars ($6,500) for heating and ventilation 



40 APPKOPElATIOlsrs. 1 86& 

of the building ; the sum of three thousand dollars ($3,000) 
for stables, out buildings, walks, grading and sewer ; the 
sum of ten thousand dollars (§10,000) for furnishing the 
various departments, including cooking ranges, bakery, 
kitchen furniture, furnishing school rooms and gas appa- 
ratus; the sum of five hundred dollars^SSOO) per annum, 

For insurance, for insurance ; the sum of fcrty-five thousand dollars ($45,- 

000) per annum, for the education, nurture, clothing and 

other necessaries for said pupils, the salaries of officers, and 

iQcidentai ex- all other Contingent and incidental expenses connected with 

penses. ^^^^ support and maintenance of Said institution. Said sums, 

or so much thereof as shall from time to time become ne- 
cessary to use, shall be drawn by the auditor of public ac- 
counts out of the treasury, upon the request of the treasurer 
of said institution. 
Reports of § J. That the reports of the trustees provided for in the 

made'MeaniaUy act of February 16th, 1865, establishing the Soldiers' Or- 
phans' Home, be made biennially to the governor of this 
state. 

Acts repealed. § §• ^^^ ^-^ts or parts of acts heretofore enacted, incon- 
sistent with the provisions of the present act, are hereby 
repealed. 

§ 9. This act to be a public act, and to be enforced from 
and after its passage. 

Approved March 1, 1869. 



In force March 
10, 1869. 



AN ACT in aid of the Illinois Soldiers' College. 



Section 1. Be it enacted hy the People of the State of 
Illinois, rep resented in the General AssemUy, That a sum 
$20,000 appro- not exceeding twenty thousand dollars is hereby appropria- 
pr'iated annual- ^^^^ annually," for two years, to the ''Illinois Soldiers' Ool- 
^* lege," at Fulton, Whiteside county, Illinois. 

How a) lied § '•^- "^'^^^^ appropriation shall be applied only to the 

maintenance and education of disabled soldiers and sailors 
who have been regularly discharged from the service of 
the United States, and afso to the support and education of 
indigent orphans or half-orphans of deceased soldiers and 
sailors in said service, above the age of twelve years, at the 
rate of one hundred and twenty^five dollars per annum, 
for each student. The state auditor and treasurer are here- 
by appointed a board of auditors, who shall meet quarterly 
on the first Wednesday in June, November, February and 
April, in each year, and before whom the board of trus- 
tees of said college shall appear and establish, by satisfac- 
tory evidence, the number of students entitled to the bene- 
fits of the above appropriation ; and upon their certificate 



I860 Appropriations. 4l 

that any number of such students not exceeding one hun- 
dred and sixty [who] have been in regular attendance or 
.partial attendance during the collegiate year. The auditor 
of state shall draw his warrant on the treasurer of the state 
for such sum or sums as may be necessary to pay such col- 
lege for the board and tuition of each student, at the rate of 
one hundred and twenty-live dollars for the collegiate year: 
Provided, that the certiticate of the executive committee of 
said college, verified by the affidavit of the president there- 
of, that the student was admitted and taught in said col- 
lege in pursuance of an appointment made by the proper 
authorities, as prescribed by law, shall be sufficient prima 
facie evidence for said board of auditors : Provided, that 
no student shall receive the benefit of this fund whose ser- 
vice, or that of his father, was not credited to the state of 
Illinois. 

§ o. Accounts may be rendered, certified to and orders -'^ccocnts. 
drawn on the treasurer as above provided, quarter-yearly. 

§ 4. It shall be the duty of the board ot trustees of circular, 
said college, prior to the opening of each session, to issue 
a circular specifying the time of opening said college de- 
partments of instruction and courses of study, and transmit 
one such circular to the clerk of each of the counties of 
the state, and one to the president of each county board of 
supervisors. 

§ 5. Each county board of supervisors or county court gtudeu^ts°° °^ 
of this state, may select four from among those eligible to 
attendance as students, U230n whom may be conferred the 
privileges rf the institution ; and in making such selection 
they shall designate who is their first, second and third choice 
to have the privileges of said fund. 

§ 6. _ The college shall ialways give precedence to appli- Precedence, 
cants from the several counties selected by the board of su- 
pervisors or the county court ; but if they are not thus se- 
lected and furnished the trustees of the college may fill the 
vacancies with eligible persons : Provided, that the several 
counties shall, before the commencement of any college 
year, select their attendance and choice; and the county 
clerks shall notify the trustees of the college, in writing, 
thirty days before the commencement of such collegiate 
course or year, and the board of trustees may only fill va- 
cancies in cases where counties fail to provide, or when the 
persons selected by the counties shall fail to attend or shall 
leave the college before the close of the collegiate year; and 
the trustees shall make a list of such selection and choice, 
and classify them in the following manner: 

First Class. — All those who have lost a leg or arm or 
any part thereof. ^ den^r'''"^ '"" 

Second Class. — Those otherwise disabled so as to unfit 
them to follow their former occupations. 

—6 



4:2 APl'SOPEIATlONS. 1869 

phans.^"''^ ""■" ^'^"'^^ Class.— The indigent orphans or half-orphans of 
deceased soldiers and sailors. 

And the trustees shall make up the number of students 
before provided by selecting from the first class, then the 
second ; and should the necessary number not be obtained 
from these classes, then they shall be taken from the remain- 
ing class — always respectina; the choice of the county au- 
when college thority. For the purposes of this bill the colleo;e year shall 

year to com- •' , .• i -ar i • nr •! • t 

mence. comm.ence the iourth Monday m March, m each year. 

§ 7. This act shall be in force from and after its pas- 
sage. 

Approved March 10, 1869. 



In force Marcli AN ACT appointing; a State Ap-cnt to collect war claims against the 
10, 1SG9. UnUed States. 

Section 1. Be it enacted hy the Feoiyle of the State of 

Illinois^ rejpreserded in the General Assenibly^ That the 

yw ciraca governor is hereby authorized to appoint a state agent for 

agency. ^^^ ^^qXq of Illinois, lor the purpose of superintending the 

making up and collecting all claims of the state of Illinois 
against the United States, for expenses incurred in organiz- 
ing, equipping, clothing, subsisting and transporting troops 
for the United States service; and also any additional expense 
incurred by the state on account of the late war for the sup- 
pression of the rebellion. It shall further be the duty of 
said agent to superintend the makiug of all explanations 
called for by the United States on settlements made on 
previous installments. 
Shall roport § 2. The State agent shall, from time to time, report to 

tofe'overnor. ^^ govcmor of the State the amount of all money collected 
and the condition of all business committed to his care, and 
SO soon as any collections shall be made on account of said 
claims the amount shall be transmitted by United States 
treasury drafts, drawn payable to the order of the gover- 
nor of the state of Illinois, to be paid into the state treas- 
ury and placed to the credit of the ordinary revenue fund 
of the state. 

Compensation. § 3. The Said statc agent shall receive, as compensation 
for his services and expenses, such amount as the governor 
may approve out of any money in the treasury not other- 
wise appropriated : Provided., that such compensation shall 
in no c;^se exceed four thousand dollars per annum. 

toSstaS^ § ^- It is hereby made the duty of the various officers 
of the state of Illinois, under the direction of the governor, to 
assist the said agent in preparing any new installments or 



1869 APPBOPKIATIONS. 43 

in furnishing explanations on installments heretofore pre- 
sented by the state, when called for by the United States. 

§ 5. There is hereby allowed to H. D. Cook, for his to^^Xc^'dk° 
services as state agent, in collecting the one hundred and 
thirty-six thousand three hundred and forty-live dollars and 
eighty-one cents ($136,345 81), the sum of four thousand 
and ninety dollars and thirty-seven cents, being three per 
cent, on the amount collected ; and the auditor of the state 
is hereby authorized to draw his warrant in favor of said 
H. D. Cook, upon the treasurer, for that amount. 

§ 6. The act of 1S65, authorizing the governor to ap- Repeal, 
point military state agents, not exceeding six in number, 
and approved February 16, 1865, be and the same is here- 
by repealed. 

§ Y. This act shall be in force from and after the date 
of its passage. 

Appkoved March 10, 1869. 



AN ACT in aid of the Chicago Charitable Eye and Ear Infirmary. in force March 

25, 1809. 

Section 1. Be it enacted hy the Feojple of the State of 
Illinois, represented in the General Assembly, That the 
treasurer of the^tate of Illinois pay to the treasurer of the Appropriations. 
Chicago Charitable Eye and Ear Infirmary the sum of ten 
thousand dollars, as tbllows : live thousand dollars on or 
before the first day of June, A. D. one thousand eight hun- 
dred and sixty-nine, and five thousand dollars on or before 
the first day of June, A. D. one thousand eight hundred 
and seventy, to be expended by the trustees of said infirmary 
for the support of the poor of the state of Illinois, while receiv- 
ing treatment at the infirmary for diseases of the eye or ear. 
Said payments shall be made on the express conditions: 1st — 
That said infirmary maintain, at all times, comfortable accom- 
modations for at least forty patients, and that the surgeons 
perform their services without compensation. 2d — That 
an exact account of the manner in which the said ten thou- 
sand dollars are expended, be printed in the annual report 
of the infirmary. And, 3d — That all accounts, records and 
documents whatsoever, pertaining to said infirmary, be al- 
ways open for inspection by such ofiicers as the general 
assembly may appoint. It shall be the duty of said ofiicers 
to examine, from time to time, the condition of the infir- 
mary, and if they shall find that the funds granted by this 
act are in any way misappropriated, to report at onca to the 
treasurer of the state, who shall, then and thereafter, cease 
paying such funds to the trustees of said infirmary. 



44: APPE0PRIATI0N8. 186 9 

Annual report. § 2. Fop the puppose of extending the knowledge of the 
existence of the intirinary among the people of the state of 
Illinois, the annual report of the inlirmarj shall be printed 
and bound with each biennial report of the institution for 
the education of the blind, and of the institution for the 
education of the deaf and dumb at Jacksonville : Provided^ 
neither the superintendent nor trustees of said institutions 
express objections to the provisions of this section of this 
act, in writing, to the treasurer of the state of Illinois, be- 
fore the first day of November, A. D. one thousand eight 
hundred and seventy. The treasurer of the state of Illinois 
is hereby authorized to pay the cost of said printing and 
binding. 

mSr'°*' ^°'^ § 3.' The auditor of public accounts is hereby authorized 
and required to draw warrants on the state treasurer for 
the sums provided for in this act, upon the order of the 
treasurer of said injjrmary, signed by the president and 
attested by the secretary of tlie trustees of said infirmary. 

Poor p^uients. § 4. P<./ur ])atienis, having diseases of the eye or ear, 
from the slate vi Illinois alone, shall be maintained at the 
infirmary from said ten thousand dollars, while under treat- 
ment; but puor patients, Avith such diseases, from other 
states, may i-eceive gratuitous medical and surgical treat- 
ment, on paving the cost of their maintenance while at the 
infirmary. 

§ 5. Tliis act shall be deemed and taken to be a public 
act, and be in force from and after its passage. 
Approved March 25, 1 869. 



Iq force March AN ACT to appropriate money for the repair and improvtment of the ese- 
' ' ' cutive mansion. 

Section 1. Be it enacted by the I'cojAe (_/ the Stale of 
Illinois^ represented in the General Ai<8tinbly, That the sum 
Appropriation of eight thousand and nine hundred dollars ($8,900) be and 
01 rcpaua. j^|^^ same is hereby a])propriated, out of any moneys in the 
treasury not otherwise appropriated, to defray the neces- 
sary expense incurred in repairing and improving the exe- 
cutive mansion, and for the erection of an ice liouse and 
vegetable cellar for the use of said mansion. 
Work to bciet. § 2. That the necessary labor and material requisite for 
a compliance with the first section of this act shall be fur- 
nished by contract — the award or awards t<> be to the low- 
est and most responsible bidder, and subject to tiio. ajiproval 
of the governor — the same to be paid by the trcasuier, on 
the voucher of the governor, as the woi-k pro^rgss^s. 



1869 APPROPRIATIONS. 45 

§ 3. This act shall be deemed a public act, and take 
effect and be in force from and after its passage. 
Approved March 11, 1869. 



AN ACT to provide for building a soldiers' monumeut at the National in force March 
Cemetery, near Mound City. 29, 18ti9. 

Whereas, the federal government has purchased a plat Preamble, 
of ground near Mound City, and has caused to be buried 
there the remains of five thousand one hundred and forty 
brave men, who fell in defending the principles of the con- 
stitution : and, whereas, in said cemetery many of the sons 
of Illinois sleep their last sleep ; and, whereas, it is but a 
just and litting tribute to their memory that the state of 
JUinuis sh.ould assist in erecting upon such grounds a suit- 
able monument ; and, whereas, we think it the duty of the 
general government to assist in the building of such monu- 
ment ; therefore, be it resolved by this general assembly, 
that our members and representatives in congress give their 
iniiuence to assist in procuring a suitable appropriation 
from the treasury of the United States, for the purpose 
of assisting the state of Illinois in erecting such monument; 
tlierefore. 

Section 1. Be it enacted l>y the Peojjle of the State of 
Illinois, represented in the General Assembly, That the 
governor appoint three commissioners, whose duty it shall Commissioners, 
be to adopt a suitable design and plan for a monument to 
be erected upon the grounds of the national cemetery near 
Mound City ; and such commissioners are, by this act, em- 
powered to receive proposals and contract fc>r the erection 
and completion thereof: Frovided, the same shall not cost 
to exceed twenty five thousand dollars. 

§ 2. The said commissioners are empowered, for and on site. 
behalf of the state of lUinois, to confer with the proper 
officers of the government, and agree upon the site for said 
monument. 

§ 3. For the purpose of meeting the cost of the con- Appropriation. 
struction of said monument, the sum of twelve thousand 
live hundred dollars is hereby appropriated out of the state 
treasury, and the same shall be paid by the state treasurer 
out of any money not otherwise aj^propriated, upon the cer- 
tificate of the commissioners appointed under the provisions 
of this act, from time to time, as may be necessary, during 
the progress of the work : Provided, however, that no such 
appropriation shall be made, nor no such commissioners ap- 
pointed, until the general government of the United States, 
by act of congress, shall have appropriated a like sum of 



'46 APPIiOPKIATIONS. 1869 

twelve tlionsaDd five hundred dollars, or a larger amount, 
to assist in the erection of said monument. 

§ 4. This act shall be deemed a public act, and shall be 
in force from and after its passage. 

Approved March 29, 1869. 



In force Feb. -^-N ACT to allow the justices of the supreme court compensation for clerk 
11, 1869. ' hire. 

Section 1. Be it enacted hj the Feo])le of the State of 
Illinois., represented in the General Assetnbly^ That there 
shall be paid to each of the justices of the supreme court of 
this state, in addition to the amount heretofore allowed 
them as clerk hire, the sum of twelve hundred dollars per 
annum, for which the auditor of public accounts shall draw 
warrants on the treasury when required. 

§ 2. This act shall be deemed a public act, and shall be 
in force from and after its passage. 

Approved February 11, 1869. 



In force March AN ACT to provide for the procurement of the portrait of Eis Excellency, 
11« 1SG9. JoIjjj ji_ Palmer. 

Section 1. Be it enacted hy the Peajj^le of the State of 
Illinois^ represented in the General Assembly^ That A. E. 

Governor's per- Darling be and he is hereby authorized and empowered to 
paint for the state a portrait of his excellency, John M. 
Palmer. 

Governor's an- § 2. Said portrait shall be painted under the direction 

prova . ^^ ^j^^ governor and subject to his final approval. 

Payment. § 3. Upou his Certificate, to the auditor of public ac- 

counts, that said portrait is completed satisfactorily, the 
auditor shall draw his warrant upon the treasurer, for the 
sum of two hundred and fifty dollars, in favor of the afore- 
said A. E. Darling. 

§ 4. This act "shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 
Approved March 11, 1869. 



1869 APPKOPmATioNS. 47 



AN ACT to furnish books for the state library. In force March 

25, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represeiited in the General Assembly, That the 
state library comiDissioners shall have power to expend, Appropriation. 
during tl)e current year 1869, the sum of three thousand 
dollars, in increasfng the number of books in the state 
library ; also, to expend, during the year 1870, a like sum 
of three thousand dollars for the same purpose : Provided, 
that all books purchased under the provisions of this act, ^j^^g^^g' ™-fgc|l 
shall be the kind known as miscellaneous, literary and entiflc. 
scientific. 

§ 2. All accounts of cost attending the fulfillment and commissioners 
furtherance of the requirements of this act, shall be certified ° '^^^ ^ ^' 
by the library commissioners, and shall be paid from the 
public treasury, out of any moneys not otherwise appro- 
priated, and charged to the state library ; and the auditor of 
public accounts is hereby authorized and directed to issue 
his warrant on the state treasurer, upon presentation of said 
accounts, properly certified. 

§ 3. This act shall be and remain in force from and af- 
ter its passage. 

Approved March 25, 1SG9. 



AN ACT providing for the publication of the fourth volume of the report in force March 
of tlie state geologist, and fixing his salary for the next two years. U, ISIJU. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That tho 
publication of three thousand copies of the fourth volume Appropriations, 
of the report of the state geologist is hereby authorized, 
and the sum of seven thousand five hundred dollars is here- 
by ap]>ropriated to defray the cost of engraving the neces- 
sary plates, maps, diagrams, and drawings ; and, also, the 
further sum of fifteen hundred dollars, to complete the 
necessary drawings for the fifth volume of said report ; 
said sums of money to be expended under the direction 
and by the approval of the governor and the state geo- 
logist. 

§ 2. The secretary of state is hereby required to pro- Paper, 
cure the paper necessary for the said fourth volume, of a 
quality not inferior to that used in the first and second vol- 
umes of the reports of the state geologist, and the amount 
necessary to defray the cost of the same is hereby ap- 
propriated. 



48 Appeopkiations. 1869 

Salary. § 3. Tlic salary of the state geologist sliall l)e tliree 

thousand dollars per annum, for two years, from the tirst 
day of March, A. D. 1869, together with his necessary 
traveling expenses ; payable out of the annual appropria- 
tion for the geological and mineralogical survey of the 
state. 
Distribution of § 4. The State geologist is hereby directed to distribute 
reports. ^^-^ rcports, as follows : One copy of said fourth volume to 

each member of this general assembly, and the remaining 
copies of said fourth volume shall be distributed in the 
same manner and to the same persons to whom the first, 
second and third volumes of said reports were, by law, dis- 
tributed : Provided^ that in case of the death or absence 
from the state of the persons to whom said first, second and 
• third volumes were, by law, distributed, said volumes shall 
be sent to the successor then in ofiice of said deceased or ab- 
sent persons. 

§ 5. This act shall be a public act, and take eflect and 
be in force from and after its passage. 
Appkoved March 11. 1869. 



In force March AN ACT to provide for the greater accuracy and safety of the public 
26, 1869. records. 

Section 1. Be it enacted hj the People of the State of 

Illinois, represented in the General AssemUy, That here- 

Laws to be after the copying of the laws, journals and joint resolutions 

secrltMy-s^^sa- "^ ^'^ch general assembly shall be done under the person- 

peiTisiou. al supervision of the secretary of state — and such copies 
shall be carefully compared with the originals in his office 
before being printed ; and in no case shall he permit the 
original to be taken out of his ofiice. 

Compensation. g 2. The Compensation of the secretary of state for 
such service shall not exceed eight cents for every hundred 
words co])ied. 

j^^ajjneut, how g o_ Upon presentation of the certificate of the secre- 
tary of state, approved by the governor, setting forth the 
amount of copying done by him and the amount of money 
due for such copying, to the auditor of state, the said au- 
ditor is hereby authorized and directed to draw his warrant 
upon the state treasurer for the amount specified in said 
certificate; and the treasurer of state shall pay the same 
out of any moneys not otherwise appropriated. The 
said certificate of the secretary of state, approved by the 
governor, shall be tiled in the office of the auditor of state. 



1869 APPKOPKIATIONS. -iO 

§ 4. This act shall be in force from and after its pas- 
sage ; and all acts and parts of acts, inconsistent with this act, 
are lieieby repealed. 



AN ACT to provide for the revision of the statutes. In force March 

^ 8, 18C9. 

Section 1. Be it enacted hy the Peojple of the !State of 
Illinois, represented in the General Assembly, That on the 
nommation or the governor ana coniirmation oi the senate, ers to revise 
three commissioners, one from each of the three grand di- alfpoinfed. ^"^^ 
visions of the state, be appointed to revise and rewrite the 
statute laws, and that thej make a printed report of sucli 
revision to the next session of the legislature. 

§ 2. That the said commissioners observe, as nearly as Directions. 
may be, the alphabetical order of the Eevised Statutes of 
184:5, making only such changes in and additions to the 
statutes now in force as may be necessary to make the same 
consistent and complete. That all changes and additions 
that shall be made be particularly noted in the report pro- 
vided for in section one of this act. 

§ 3. That the sum of three thousand dollars be and ^j^^^ fo?''espeS- 
the same is hereby appropriated for the expense of said fes. 
commission, to be paid by tlie treasurer out of any moneys 
not otherwise appropriated. A11 payments to be made 
upon the certificates of said commissioners, filed with the 
proper ofiicer. 

§ 4. This ace is a public act, and shall be in force from 
and after its passage. 

ArrKOVED March 8, 1869. 



AN ACT in aid of a revision of the statute laws of this state. In force Janua- 

ry ;!9, 1S69. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
judges of the circuit courts of this state are hereby several- to%m-t-'tolu- 
ly required to carefully note and observe the redundancies, preme ccprt ou 
omissions, inconsistencies and imperfections of the public Stel'"''° ° 
statute laws of this state, and to report to the supreme 
court of this state, on or before the second Tuesday in Sep- 
tember, annually, at Ottawa, in LaSalle county, their obser- 
vations upon the operation and working of said laws, and 
— T 



50 ArPEOPKIATIONS. 1869 

wherein they are defective, obsolete or inconsistent, and 
how and in what manner the said laws can be amended 
and properly condensed, simplified, and arranged, so that 
they may be readily accessible and easily understood. 
And the said circuit judges are required to carefully pre- 
pare bills, in conformity with their views, framed to carry 
into effect the object of this act. 
es^o*/sapreme § 2. It is hereby made the duty of the said judges of 
court. the supreme court to carefully examine and compare the 

said reports and suggestions, and to submit so much and 
such parts of said reports as they shall deem proper to the 
judiciary committees of the senate and house of represen- 
tatives of this state at each session of the general assembly ; 
or in case of the appointment of a commission or board of 
revisors of the public statute laws of this state, the said re- 
ports and suggestions of the said supreme court shall be 
made to such commission or board, by whom the said re- 
ports shall be carefully condensed and considered. 
Compensation. § 3. For such cxtra services, the said judges of the cir- 
cuit courts shall each receive the sum of one thousand dol- 
lars per annum, payable on the first day of March of each 
year ; the first payment to be made on the first day of 
March, in the year of our Lord one thousand eight hundred 
and sixty-nine. The auditor of state is hereby required to 
draw his warrant upon the treasurer of this state, in favor 
of each of said judges, each year, as aforesaid, for said 
sum, which is to be paid out of any moneys in the state 
treasury not otherwise appropriated : Frovided^ that this 
act shall cease to be in force whenever a new constitution 
shall be adopted by the people. 

§ 4. This act shall take effect and be in force from and 
after its passage. 

Approved January 29, 1869. 



In force April AN ACT for the relief of the prosecuting attorney in the Alton city court. 

Preamble. Whereas the prosecuting attorney of the Alton city court 

is, by law, entitled to an annual salary of five hundred dol- 
lars; and whereas, the general assembly of the state of Illi- 
nois, at its session, A. D. 1867, appropriated only the sum 
of two hundred and fifty dollars per annum, for the pay- 
ment of said salary for the years commencing March 1st, 
A. D. 1867, and March 1st, A. D. 1868, thus leaving due 
to said prosecuting attorney the sum of two hundred and 
fifty dollars for each Q^ these years ; therefore^ 



i 



1869 APJ^KOPRlATlONg. 51 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
sura of five hundred dollars be and the same is hereby al- ^^S5oo appropri- 
lowed and appropriated to pay tiia balance of salary due " 
said prosecuting attorney in the Alton city court, for the 
years commencing March Ist, A. D. 1867, and March 1st, 
A. D. 1868; and that the auditor of public accounts 
draw his warrant on the state treasurer in favor of said 
prosecuting attorney, for such sum of money as is now due 
him and to become due him on the first of March, 1869, to 
be paid out of any money in the treasury not otherwise 
appropriated. 

§ 2. That this act shall take efiect and be in force from 
and after its passage. 

Approved April 1, 1869. 



AN ACT for the relief of George P. Adams. In force March 

11, 1869. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That George 
P. Adams be allowed the sum of ($1,708 75) one thousand 
seven hundred and eight dollars and 75-100, in full, for 
principal due him from the state, for amount of orders held 
by him and drawn by the state prison commissioners, upon 
filing the vouchers issued by the commissioners of the peni- 
tentiary for the amount appropriated herein ; the auditor of 
public accounts be and [is hereby] directed to draw his war- 
rant on the state treasurer, in favor of said George P. Adams, 
for the above amount. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Afproyed March 11, 1869. 



AN ACT for the relief of Levi Hobbs. j^ fojj.g March 

2T, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
sum of two hundred dollars be and the same is hereby al- 
lowed and appropriated to Levi Hobbs, out of the state 
treasury, to reimburse him for money and time by him ex- 
pended in pursuing, arresting and bringing from the state 
of Indiana, one John Johnson, and from the state of Mis- 
souri, one William Hudson, alias William Finch, charged 



52 APPllOPRIATIONS. 1869 



with having robbed Samuel Moore of one hundred and 
sixty-live dollars, in the county of GUj, and state of Illi- 
nois, from which county and state the said Johnson and 
Hudson, alias Finch, had fled. 

§ 2. The auditor is hereby directed and required to 
draw his warrant, in favor of said Levi Hobbs, for the sum 
of two hundred dollars, payable out of any money in the 
treasury not otherwise appropriated. 

§ 3. This act shall be in force from and after its 



Approved March 27, 1869, 



In force March AN ACT for the relief of James B. Alderman and Caroline M. Alderman. 

31, 18G9, 

Preamble. Whereas, Jamcs B. Alderman and Caroline M. Alder- 

man, of the county of Morsjan, are insane persons — the 
said James B., of the age of twenty-six years, and Caroline 
M., of the age of eighteen years — the children of James 
II. Alderman, and are helpless and often dangerous, and 
have always been cared for in the family of their said fath- 
er, greatly to their fear and danger; and, whereas, the said 
insanity has been caused by epileps}^ ; and, under the gene- 
ral laws of this state, persons insane from that cause may 
not enter the state hospital for the insane ; therefore. 

Section 1. Be it enacted by the People of the State of 
Illinois, rejpresented in the General Assembly , That the 
said James B. Alderman and Caroline M. Alderman shall 
be received at the state hospital for the insane, by the su- 
perintendent thereof, and shall be cared for there until they 
shall recover or die: Anil the superintendent of said hos- 
pital shall annually present, to the county court of Morgan 
county, a bill of the expense of the care and keeping of 
eaid persons, who shall order the same to be paid to the 
treasurer of said hospital out of the funds of said county 
not otherwise appropriated. 

§ 2. This act shall be a public act, and be in force from 
and after its passage. 

Approved March 31, 1869. 



J 



1869 APPROPEIATIONS. 63 



AN ACT for the relief of John R. Casev. lu force March 

31, 18G9. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented m the Oeneral Assembly, That John 
R. Casey be allowed the sum of four hundred and eii^hty Appropriation, 
dollars ($480), amount due him from the state of lUinoiB, 
for amount of orders held by him and drawn by the state 
prison commissioners ; and upon liling the vouchers issued 
by the penitentiary commissioners for the amount herein 
appropriated, the auditor of public accounts be and he is 
hereby authorized and directed to draw his warrant on the 
state treasurer, in favor of said John R. Casey, for the 
above amount. 

§ 2. This act to take effect and be in force from and 
after its passao;e. 

Ai'PKOVED March 31, 1869. 



AN ACT for the relief of David Kreigh k Co. Ii ^^f'fgiia'^''^'' 

Whereas, David Kreigh & Co., of Chicago, purchased Preamble, 
vouchers, issued by the commissioners of the state peniten- 
tiary, and there is now due and unpaid the sum of seven 
thousand one hundred and seventy-seven dollars and fifty- 
eiglit cents ($7,177 58) ; therefore. 

Section 1. J3e it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
said David Kreigh & Co. be allowed the sum of seven Aprropriatiou. 
thousand one hundred and seventy-seven dollars and fitty 
eight cents in fall payment of the same ; and the auditor of 
public accounts be and he is hereby instructed to take up and 
cancel said vouchers, by issuing his Avarrant on tiie treasurer 
for the above amount. 

j^ 2. This act to take effect from and after its pas- 
sage. 

Approved March 10, 1869. 



AN ACT for the relief of the state entomologist. In force March 

25, 1869. 

Whereas, Benjamin D. Walsh was nominated, by the preamble. 
governor, state entomologist, at the special session of the 
legislature held in June, A. D. 1867, and has laithfully 



54 APPEOtEIA^TIONS. 1860 

discharged his official duties from the date of his nomina- 
tion ; therefore, 

Section 1, Be it enacted hy the People of the State of 
Illinois^ rejyresented in the General Assembly, That said 
Compensation. State ontoniologist shall receive tlie compensation provided 
by the sfatnte under which he was appointed, as full com- 
pensation for his services, from and after June 11th, A. D. 
1867, and until otherwise provided by law. 

§ 2. This act to take effect and be in force imme- 
diately. 

" 1869. 



In force March -^^ -^*^T ^^^' ^-^^^ relief of Fox and Baxter. 

11, 1S69.' 

Section 1. Be it enacted I>y the People of the State of 
Illinois, represented in the General Assembly, That Fox 
Appropriation and Baxter be allowed the sum of twenty-six hundred and 
six dollars and thirty-live cents (|2,G()6 35), due them for 
vouchers issued b}' the commissioners of the Illinois state 
prison ; and the auditor of public accounts he and he is 
hereby authorized and directed to draw his warrant on the 
treasurer, in favor of Fox and Baxter, for the above amount : 
Provided, that the legal holder of said vouchers shall file 
said vouchers with the auditor of state before he, the auditor, 
shall draw any warrant for the above amount. 

§ 2. This act to take effect from and after its passage. 

Approved March 11, 1869. 



In force March AN ACT to amend " An act to provide for the erection of a new State 
11, 1869. House," approved February 25, 1867, and to amend " An act supple- 

mental to an act to provide for the erection of a new State House," ap- 
proved February 25, 1867. 

Section 1. Be it enacted hj the People of the State of 
Illinois, represented in the General Assembly, That the 
Erection of fourth scction of an act entitled " An act to provide for 
new state house j-Jjq erection of a new state house," be and the same is 
hereby repealed ; and to secure the completion of the new 
state house, the governor is hereby authorized and empow- 
ered to, and shall, by and with the consent of the senate, 
appoint three discreet and skillful persons to act as com- 
missioners to superintend the erection and completion of 



1869 APPKOPKIATIONS. 55 

the new state bouse, who, before thev enter upon the dis- 

char<ie ot their duties, shall enter into a bond to the i^ov- commissiou- 

^ -. 1 . .,1 1 -, • .1 ^ , ers lo give boud 

ernor ol the state, with approved security, in tbe penal 
suip of twenty-tive thousand dollars each, within thirty 
days after their appointment and confirmation, conditioned 
for the faithful performance of their duties, and shall seve- 
rally take an oath that they v/ill well and truly dischariie Duties of com- 
all of their duties as such commissioners in superintend- -'"'^''^""^''^" 
ins^ the erection and completion of said state house. The 
governor of the state is hereby authorized to till all vacan- 
cies by appointing commissioners, who shall continue to 
act until the next session of the general assembly, which 
shall ratify or reject said appointment. The governor is 
also authorized to remove any commissioner, for cause, and 
till tlie vacancy occasioned thereby. 

§ 2.' For the purpose of economy to the state, the said 
new state house commissioners, upon and as soon as they 
shall have entered upon the duties of their said otiice, or 
within a reasonable time thereafter, shall furnish to the 
commissioners and the warden of the penitentiary of the 
state of Illinois, located in Joliet, in the county of Will, 
in said state, full, complete and .perfect plans and specitica- piot-.s aud 
tions, 111 detail, ol the said state house ; and whatever ma- 
terials, aud all kinds of materials of every name and nature 
whatsoever — stone, iron, labor, and all else which said 
penitentiary commissioners and said warden can furnish, warden to 
towards tlie full completion of the said state house — the &\™^^ maten- 
said new state house commissioners shall procure, and 
from no other place, for and to be used in the completion 
of the said new state house : Promded^ the Chicago, Alton 
and St. Louis railroad company will transport over their road 
the stone and materials at a reasonable rate. The price of Price of ma- 
the said labor and material, and everything else procured 
at the said penitentiary, shall be fixed and estimated by 
the new state house architect, subject to the approval of 
the governor and commissioners. 

§ 3. The said commissioners shall cause to be prepared 
a full, explicit, perfect and complete set of plans and speci- 
fications of the entire proposed building, embracing every 
part of the same, including the material to be used, which 
shall be accompanied with estimates, carel'ully made, of 
the cost thereof, which shall not exceed the sum of three .cost of mate- 
millions of dollars over and above what has now been ex- ""^ 
pended. And when said plans and specifications shall have 
been prepared, said commissioners shall notify the mem- -^^^^^^ to j^e 
bers of the committees on public buildings and state libra- give°a. 
ry of the senate and house of representatives to meet at 
Springfield, on a day to be fixed by them, for the purpose 
of examining said jDlans and specifications ; and if approved 
bv said committees, then said commissioners shall be author- 



56 APrKOPKIATIONS. 1869 

ized to proceed with the construction of said new state 
liouse. And said commissioners are liereby prohibited 
from expending, or contracting to expend, or agreeing to 
expend any further sum of money, or any part of the ap- 
propriation by this act hereby appropriated, excepting the 
Necessary ex- nccessary expenscs in preparing the plans, specilications 

peuses. ^ii^j (iyt:ailed estimates, and the expenses incident thereto, 

until the said committees shall authorize the same. And 
for the purpose of carrying on the work of the said state 

prhueci ^^^'^°' house, and pr(jcuring said materials, the sura of six hundred 
and tifty thousand dollars is hereby appropriated out of 
any m.oney in the treasury not otherwise appropriated. 

Acts repealed. | 4^ j(]i ji^g .^cts, parts of acts, and provisions of the 
acts of wiiich this act is an amendment, which are in con- 
flict with this act, are hereby repealed. 

§ 5. This act shall take efiect and bo in force from and 
after its passaire. 

AppkoVkd March 11, ISGD. 



lu force March 
12, 18t9. 



Commissioners. 



AN ACT to aid in the improvement of the Litt e Wabasli river. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, Tiiat the sum 
of thirty-iive thuusand dollars is hereby appropriated for 
the purpose of completing the lock and dam on the Little 
Wabash river at New Haven, to be applied in the mau- 
nei' herein prescribed. 

§ 2. That it shall be the duty of the commissioners aj)- 
pointed under an act to amend an act entitled ''An act for 
canal and river improvements," approved February 25th, 
1869, any two of whom may act for this purpose, to make 
written application to the auditor of state, who is hereby 
authorized to draw bis warrant in favor of and payable to 
any one of said commissioners, on the treasurer ot the state, 
for said sum of thirty-tive tliousand dollars, which sum shall 
be ap]>]ied as follows : First, so much as may be neces- 
sary to couiplete said lock and dam ; and, second, to the 
discharge of any liens on said lock and dam, for any labor 
or materials furnished or any moneys heretofore expended 
thereon, and still due and unpaid : Provided, that the Little 
Wabash Navigation and Manufacturing Company shall 
hrsr, by a vote of two-thirds of the stockholders thereof, 
release to the said commissioners, in trust, for the use of 
the state ot Illinois, all the right, title and interests in and 
to said lock and dam on the Little Wabash river, near New 
Haven, belonging to said company, and ehall execute suffi- 



1869 AsstissMENtS. b'f 

cient deeds, conveyances and releases thereof to the said 
commissioners aforesaid. 

§ 3. That the appropriation hereby made shall be limited 
to thirty-five thousand dollars, and no further or greater sum 
shall be used or expended, or contracted or agreed to be used 
or expended, under the provisions of this act, by said com- 
missioners or any of them. 

§ 4. That the said canal and river commissioners shall guMionr^ ^^' 
have power to make such rules and regulations, in regard 
to navigation and rates of tolls, and to appoint such 
agents as they may deem expedient ; and they shall have 
power of condemning lands for the public use, and rent- 
ing water-power, as is contained in the act for canal and 
river improvement, approved February 25th, 1867. 

§ 5. That this act shall be in force from and after its 
passage. 

ArPKovED March 12, 1869. 



sessmeat. 



ASSESSMENTS. 



AN ACT relating to assessments and taxation in school districts. ^'^ ^nn^fo^^^^^ 

Section 1.. J3e it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That it shall 
be the duty of town assessors, when makina: assessments of ^ode of as- 
personal property, to designate the number of the school 
district in which each person so assessed resides, which 
designation shall be made by writing the number of such 
district opposite each person's assessment of personal pro- 
perty, in a column provided for that purpose in the assess- 
ment roll returned by the assessor to the county clerk. 

§ 2. It shall be the duty of the county clerk to copy Duty of clerk. 
said numbers of school districts, as returned by the asses- 
sor, into the collector's book, and to extend the school tax 
on each person's assessment of personal property, according 
to the rate designated by the directors of the school district 
in which such person resides. 

§ 3. It is hereby made the duty of the proper officers, Blanks, 
in preparing blank books and notices for the use of asses- 
sors, to provide columns and blanks for the use of assessors, 
as above described. 

§ 4. This act to take effect and be in force from and 
after its passage. 

" ' "' 1869. 



^S ASSESSMENTS — AtTDITOE. 1869 

^° ^c^iLq'^'^''^ ^^ -^^-^ ^^ amend an act for the assessment of property, approved Feb- 
**' ^^*'^- ruary 12, 1853. 

Section 1. Be it enacted hj the People of the State of 

Illinois, represented in the General Assembly, That section 

Commission twelve (12) of Said act be and the same is hereby so amend- 

merchauts not „,i , , • • . ,,.•;.. ,, . 

to list property ©d as not to require commission merchants, in hstmg their 

of non-residents own propcrtj for taxation, to list property consigned to 

them for sale, by parties residing in other states, unless said 

commission merchants are owners or part owners of the 

property consigned. 

§ 2. This act shall be deemed a public act, and shall 
take effect from and after its passage. 
Appkoved April 8, 1869. 



AUDITOR. 



In force March AN ACT to authorize the auditor of public accounts to assign a certain 
31, 1869. certificate of purchase therein named. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the audi- 
tor of public accounts of the state of Illinois be and is here- 
by authorized and required to assign to William Clayton a 
certain certificate of purchase, for fifty acres of land, off of 
the south end of the east half of the south-east quarter of 
section eleven (11), in township nine (9) north, of range two 
(2) west of the fourth (4) principal meridian, in "Warren 
county, state of Illinois, (not including four (4:) acres re- 
served by William Johnson, in his sale to said Clayton), 
bearing date 29th day of Jane, 1868, issued to O. H. Mi- 
nor, for the use of the people of the state of Illinois, by W. 
L. Cuthbert, sheriff of said Warren county ; which said 
land was sold, as the property of said William Cla_yton, un- 
der and by virtue of an execution issued out of the supreme 
court of the state of Illinois, for the second (2d) grand 
division, on a judgment obtained in said court on the 25th 
day of January, 1860, against Amon S. Gilbert, William 
Clayton and others, and in favor of the people of the state 
of Illinois. 

§ 2. That this act be in force from and after its passage. 

Approved March 31, 1869. 



1869 BAGGAGE. 69 



BAGGAGE. 



AX ACT authorizing the sale of unclaimed baggage and other property. In force April 

16, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That when- 
ever personal baggage, sample packages, bundles and lug- ^^Baggagetobo 
gage, transported by any railroad company, doing business 
as common carriers, to any points in this state, shall remain 
at the place to which tJie same is or shall be directed, or 
any lost or stray baggage shall remain .unclaimed, by the 
owner or consignee, for the space of three months, the 
same shall thereafter be subject to reasonable charges for 
keeping and storing the same ; and if, after the expiration 
of six months from the time said personal baggage, sample 
packages, bundle, luggage, lost or stray baggage shall be 
received at the place to which the same shall be or shall 
have been transported, said reasonable charges shall not be 
paid, and the owner or person to whom the same shall be 
directed, can not, upon diligent inquiry, be found, or being 
found and notified of the arrival of such property, shall 
neglect to receive the same, and pay such reasonable charges 
thereon, then, if there be no warehouse at the point to 
which such property shall have been directed which will 
receive the same and pay such reasonable charges thereon, 
it shall be lawful for such railroad company to sell such 
property at public auction, after giving ten days' notice of 
the time and place of said sale, by posting notices thereof 
in five public places in the county where such sale shall 
be made, and out of the proceeds of such sale to pay the 
legal charges on said property, and to pay the overplus, if 
any, to the owner or consignee of said property, on de- 
mand : Provided, that nothing in this act shall prevent the 
owner or consignee of any such property from recovering 
of any such corporation or common carrier, the whole of 
any such property in cases where the same shall be lost or 
destroyed by the carelessness or negligence of such corpo- 
ration or common carrier. 

§ 2. The provisions of this act shall apply to all steam- steamboat 
boats and transportation companies, who act as common 3|^®' "*' 
carriers in this state. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Appkoved April 16, 1869, 



60 CANAL. 1869 



CANAL. 



In force Fel). 25, AN ACT to amend an act entitled "An act for canal and river improve- 
^^^^- ments," approved February 28, 186T. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
Commissioners number of commissioners mentioned and provided for in 
reducecuo three ^j^^ ^j,g(. ggction of the act to which this act is an amend- 
ment, shall be and the same is hereby reduced to three 
commissioners, an4 their term of service is hereby reduced 
and limited to two years. 
iimiied°^'^'^"°'^ § ^- ^''^'^^ ^^ ^^ further enacted, That the appropriation 
made and provided for in said act shall be and the same is 
^ hereby limited to the sum of four hundred thousand dollars; 
and no further or greater sum shall be used or expended, 
or contracted or agreed to be used or expended, under the 
provisions of said act, by said commissioners or by any of 
them. 
Construction § 3. Tlie Commissioners to be appointed under the pro- 
of lock and dam ^.g.^^g of this act, and the act to which this act is an 
amendment, shall be strictly confined and restricted to the 
surveys contemplated in said act, and to the construction of 
one lock and one dam in the Illinois river, as mentioned in 
and contemplated in and by section ten of said act, and to 
dredging out the mouth of said canal at LaSalle, between 
the lower lock and the river. 
Engineer's es- | 4. Said commissioucrs are hereby strictly forbidden 
"^" '^^' to commence the construction of said lock and dam, or im- 

provement of said Illinois river, as provided for in said section 
ten of said act, unless they shall first ascertain, from the 
estimates of at least two competent engineers, separately 
made, that the same can be completed for a less sum of 
money than is appropriated by the said act — to-wit : four 
hundred thousand dollars — including all incidental ex- 
penses. 
Not to inter- § 5. Said commissiouers shall not, under any circum- 
am^'mrSu stances or under any claim of right, under any law, take or 
Canal. "^ attempt to take possession of, or in any manner interfere 
with the Illinois and Michigan Canal, or the tolls or reve- 
nue thereof. 

§ 6. This shall be deemed a public act, and be in force 
from and after its passage. 
Appkoved February 25, 1869. 



J 869 CANAL. 61 



AN ACT granting certain privileges to parties resident along the line of the In foree March 
Illinois and Michigan Canal, 2^' ^^'''•'■ 

Section 1. Be it enacted ly the People of the State of 
Illinois^ represented in the General Assembly^ That all 
parties resident upon the line of the Illinois and Michigan 
Canal shall be allowed to cut and remove ice from the said 
canal, its feeders, side-cuts and basins, free of charge and 
expense. 

§ 2. This act shall take effect from and after its 
passage. 

Approved March 27, 1869. 



AN ACT in reference to the improvement of the navigable condition of so in force June 
much of the Illinois and Michigan Canal as extends from lock fifteen (15), 19, 1869. 
and known as the steamboat channel, to its intersection with the Illinois 
river. 

Whereas, that portion of the Illinois and Michigan 
Canal extending from lock fifteen (15), on said canal, to 
its intersection with the Illinois river, and known as the 
" steamboat channel," has become eo obstructed through 
the accumulation of deposits of foreign substances there- 
in, and from other causes, as to seriously obstruct naviga- 
tion through the same, and in consequence of which the 
revenues arising from said canal have been materially 
diminished : 

Section 1. Be it enacted hy the Feople of the State of 
Illinois^ represented in tlie General Assembly^ That it is 
hereby made the duty of the trustees of the Illinois and 
Michigan Canal, and they are hereby authorized, without 
any unnecessary delay, to have such obstructions and 
deposits removed, so that the bottom of said steamboat 
channel shall be on a level with the mitre-sill of said lock 
fifteen (15), and to hereafter keep the said channel free 
from such obstructions. 

Approved March 30, 1869. 



62 CANAL. 1869 



In force March AN ACT providing the manner of redemption and sale of certain forfeited 
31, 186a. canal lands and town lots, and also authorizing and requiring the state 

trustee of the Illinois and Michigan Canal to settle his accounts with the 
state. 

Section 1. Be it enacted hy the People of the State of 
Illinois, re2?res67ited in the General Assembly, Tl]idXaX\\Q.ndiQ 
Manner of and towD lots heretofore sold by the state trustee, and now 
redemption. forfeited or may become forfeited by reason of the non- 
payment of any installment or interest due, shall be re- 
deemed only by the payment of all moneys remaining 
unpaid, due, or to become due on any such tract of land or 
town lot sought to be redeemed. 
Sale by trustee. | 2. All Canal lands hereafter sold by the state trustee 
shall be sold for cash. Lot number two (2), in block num- 
ber fifty (50), in Lockport, Will county, and lot number 
eleven (11), in block number tifty-nine (59), state's addition 
to Ottawa, LaSalle county, may be sold at public auction to 
the highest bidder, for cash, notwithstanding such bids may 
be less than the appraised value of said lots: Provided, that 
said first described lot shall not be sold for less than one 
hundred and seventy-five dollars, and the other for not less 
than seventy-five dollars. 
Trustee's report | 3^ Xt shall be the duty of the state trustee hereafter, 
annually, on the thirtieth day of November, and those per- 
sons heretofore acting as such, on or before the first day of 
July next, to report to the auditor all moneys or scrip re- 
ceived and disbursed by him from the proceeds of any 
canal lands and lots, heretofore and hereafter sold, and un- 
der his control, and to pay over to the state treasurer all 
such moneys or scrip then remaining in his hands ; and 
said auditor shall have authority and is hereby required to 
examine all books, accounts and vouchers in verification 
of the correctness of such reports, and shall_ certify to the 
treasurer the amount to be so paid : Provided, that the 
present trustee shall immediately report and pay as afore- 
said, and those persons heretofore acting as such shall have 
until the first of November next to pay all moneys or scrip 
found due. 
Auditor-e duty. § 4. And the auditoT is hereby authorized, and it is 
made his duty to require the reports aforesaid to be made 
at the time before provided, and to take all necessary steps 
to enforce such reports and payments. 

§ 5. This act shall be a public act, and be in force from its 
passage. 
Approved March 31, 1869. 



1869 CAPITAL PUNISmiENT — CHAEITIES. 63 



CAPITAL PUNISHMENT. 



AN ACT to amend an act entitled "An act in relation to capital punish- In force March 
ment," 13, ]S69. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That in ail 
cases of felonies which, by existing laws, are punishable May render 
with death, it shall be competent for the jury impanneled to ^jfrisonment!^^ 
return with their verdict of guilty, and as part of the same, 
either that the prisoner shall suffer death by hanging, as 
now provided by law, or that he be imprisoned in the peni- 
tentiary for the term of his natural life, or for a term of not 
less than fourteen years, as they may decide ; and no per- 
son shall be sentenced to death by any court unless the 
jury shall have so found in their verdict, upon trial : Pro- 
vided, that the court in which any such cases are or may be 
pending may, upon a plea of guilty, sentence the prisoner ynder piea of 
to be executed, or may sentence such prisoner to the peni- may sentencTto 
tentiary in the same manner as might be done by the ver- ™P"soiiment. 
diet of a jury. 

§ 2, This act shall be a public act, and take effect from 
and after its passage; and all acts and parts of acts, con- 
flicting with the provisions of this act, are hereby re 
pealed. 

Appeoyed March 13, 1869. 



CHARITIES. 



AN ACT to provide for the appointment of a board of commissioners of In force April 
public charities, and defining their duties and powers. ^» ISO^- 

Section 1. Be it enacted hy the People of [the State of^^ 
Illinois, represented in the General Assembly, That within 
ten days after the passage of this act, the governor, by and commissioners 
with the consent of the senate, shall appoint five persons, -appointments 
to be called and known as "The Board of State Commis- 
sioners of Public Charities.^' One of the persons so appoint- 
ed, shall hold his office for one y(5ar, one for two years, one 
for three years, one fur four years, and one for live years, 



64: CHARITIES. 



1869 



as indicated by the governor in making tlie appointments, 
and all appointments thereafter, except to fill vacancies, 
shall be for live years. In case of any vacancy occasioned by 
the removal from the state by any such person so appointed, 
or death, or resignation, or non-acceptance of the office, or 
removal from office by the governor, by any such person so 
appointed, the governor shall immediately fill such vacancy; 
and all appointments made by the governor when the sen- 
ate is not in session, shall be valid, until the next session 
of the senate. 
^^^^oL g 2. Before entering upon their duties, the said commis- 

sioners shall, respectively, take and subscribe the constitu- 
officers. tional oath required of other state officers, which shall be 

filed in the office of the secretary of state, who is hereby 
authorized and directed to administer such oath. The said 
commissioners shall have power to elect a president out of 
their number, and such other officers and agents as they 
By-laws. may deem proper, and to adopt such by-laM's and regula- 

tions, for the transaction of their business, as they may con- 
sider expedient. 
Powers. § 3. The said commissioners shall have full power, at 

all times, to look mto and examine the condition of the 
several institutions, which they may be authorized by this 
act to visit, financially, and otherwise ; to inquire and ex- 
amine into their methods of instruction, and the govern- 
ment and mgnagement of their inmates, the official conduct 
of trustees, directors, and other officers and employees of 
the same ; the condition of the buildings, grounds, and 
other property connected therewith, and into all other mat- 
ters pertaining to their usefulness and good management ; 
and for these purposes they shall have free access to the 
grounds, buildings, and all books and papers relating to 
said institutions \ and all persons now or hereafter connect- 
ed with the same are hereby directed and required to give 
such information and aflbrd such facilities for inspection as 
the said commissioners may require. 
Visit and re- § 4, The Said Commissioners, or some one of them, are 
tawV'^°fnstituI hereby authorized and required, at least twice in each year, 
tions. and as much ofcener as they may deem necessary, to visit 

all the charitable and correctional institutions of the state, 
excepting prisons receiving state aid, and ascertain whether 
the moneys appropriated for their aid are or have been 
economicall}^ and judiciously expended; whether the objects 
of the several institutions are accomplished ; whether the 
laws in relation to them are fully complied with ; whether 
all parts of the state are equally benefited by said institu- 
tions, and the various other matters referred to in the third 
section of this act ; and report in writing to the governor, 
by the fifteenth of December, annually, the result of their 
investigations, together with such other information and 



1869 CHARITIES. 65 



recommendations as they may deem proper ; and the said 
board of public charities, or one of them, shall make any 
special investigation into alleged abuses in any of said in- 
stitutions, whenever the governor shall direct, and report 
the result of the same to the governor. 

§ 5. The said commissioners, or one of them, shall also, ooj^tjo^^geg^'*'* 
at least once each year, visit and examine into the condition 
of each of the city and county alms or poor hou«es, or other 
places where the insane may be confined, and shall possess 
all the powers relative thereto, as mentioned in the third 
section of this act; and shall report to the legislature, in 
writing, the result of their examination, in connection with 
the annual report above mentioned. 

§ 6. Whenever any charitable or correctional institu- ^'^^®^^^- 
tions, subject to the inspection heiein prr*vided for, require 
state aid for any purpose other than their usual expenses, 
the said commissioners, or some, or one of them, shall in- 
quire carefully and fully into the ground of such want, the 
purpose or piirposes for which it is proposed to use the 
same, the amount which will be required to accomplish the 
desired object, and into any other matters connected there- 
with ; and in the annual report of each year they shall give 
the result of such inquiries, together with their own opin- 
ions and conclusions relating to the whole subject. 

§ 7. The said commJssiouers, or any one of them, are May ndminis- 
hereby authorized to administer oaths, and examine any 
person or persons in relation to any matters connected with 
the inquiries authorized by this act. 

§ 8. The said board of commissioners shall have [ ower, cierk. 
and they are hereby authorized to appoint a clerk, who 
shall hold his office during their plea-ure, with a salar not 

exceeding dollars per annum, who shall, when 

required, act as an accountant, from time to time, as they 
may have occasion to invesiigate the financial or other 
affairs of any of the institutions afi'scteu by this act, or the 
accounts or official conduct of any of their officers ; and 
when acting as such accountant he shall, in addition, be al- 
lowed his actual traveling expenses. 

_ § 9. The number of the board of trustees of the "Hos- ^^^°f% ^,^1 
pital for the Insane," the board of directors of the " Illinois ter of bers 
Institution for the Education of the Deat and Dumb,'' the 
board of directors for the "Institution for Educating the 
Blind," and the board of trustees of the " Soldiers' Or- 
phans' Home," respectively, shall, immediately after the 
passage of this act, be, by the governor, reduced to three. 

§ 10. The said commissioners, or some, or any one of To attend leg- 
them, shall attend upon the session of the legislature when- JIJS. """"^ 
ever any committee of either house shall require their 
attendance. 



66 



CHARITIES. 



1869 



Blank books 
and stationery. 



No compensa- 
tion allowed. 
Espensea. 



Removal 
trnstees. 



Appointments 



§ 11. Said board of commissioners shall be furnished 
by the secretary of state with the necessary blank books, 
blanks, and stationery. 

§ 12. The said commissioners shall receive no compen- 
sation for their time or services, but the actual expenses of 
each one of them, while engaojed in the performance of 
the duties of their office ; and any actual outlay for any ac- 
tual aid and assistance required in examinations and investi- 
gations, on being made out and verified by the affidavit of 
the commissioners making the charge, and approved by the 
governor, shall be paid quarterly by the treasurer, on the 
warrant of the auditor of public accounts, out of any mon- 
eys in the treasury not otherwise appropriated ; and the 
clerk of the board shall be paid in like manner. 

§ 13. 1^0 member of the board of said commissioners 
shall be, directly or indirectly, interested in any contract 
for building, repairing or furnishing any of the institutions 
which by this act they are authorized to visit and inspect ; 
nor shall any trustee or other officer of any of the institu- 
tions, enibraced in this act, be eligible to tlie office of com- 
missioner hereby created. 
0^ § 14. The governor is hereby authorized to remove any 
of the trustees and directors of any of the institutions 
named in the ninth section of this act, whenever, in his 
opinion, the interest of the state require such removal; and 
in case of removal, he shall communicate to the legislature 
the cause of such removal. 

§ 15. No two members of the aforesaid boards of trus- 
tees or directors of said institutions shall be residents of 
the same county, nor shall more than one trustee or direc- 
tor aforesaid reside in the county where said institutions 
shall be respectively located. The principal of the " Insti- 
tution for the education of the Deaf and Dumb,-' shall con- 
tinue to be, ex officio, a member of the board of directors 
of that institution. 

§ 16. All laws, or parts of laws, inconsistent with the 
provisions of this act, are hereby repealed. 

§ 17. This act shall be in force from and after its pas- 
sage. 

Approved April 9, 1869, 



1869 cHrKCHES. 67 



CHURCHES. 



AN" ACT to provide for the holding of Roman Catholic churches, cemeteries, In force March 
colleges and other property. 8,1869. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That it shall 
be lawful for any Eoman Catholic congregation, now or incorporation, 
hereafter existing in the state of Illinois, to become incor- •^^''^i^^^te. 
ported according to the provisions of this act. The Roman 
Catholic diocesan of any diocese in this state, together with 
vicar general thereof, and the pastor of such congregation 
for the time being, may select and appoint two lay mem- 
bers of said congregation to act with them in managing the 
temporal affairs of said congregation, and may, together 
with said laymen, sign a certificate, showing the name and 
title by which such congregation shall be known and dis- 
tinguished as a body corporate, by virtue of this act ; which 
certificate shall be acknowledged and proven by the signers 
thereof, in the same manner as conveyances of real estate, 
and shall be filed for record in the office of the recorder of 
deeds in the county in which the church or property of such 
congregation is situated ; and thereupon such congregation 
shall be a body corporate, by the name and title expressed 
in such certificate, and the said persons so signing the same, 
and their successors, shall be the trustees thereof, and shall 
have the management of the temporal affairs of said con- 
gregation." 

§ 2. The trustees of every such congregation, after the powers, 
same has become incorporated under this act, and their 
successors, shall have perpetual succession, with power to 
adopt a common seal, which may be altered and changed 
at pleasure, contract and be contracted with, sue and bo 
sued, plead and be impleaded, by the corporate name of 
such congregation, in all courts whatever ; to receive, hold, 
dispose of and convey any kind of property ; make and 
adopt by-laws for their government, not inconsistent with 
the provisions of this act ; and shall alone have power to 
make all contracts needful in the management of the tem- 
poral affairs of such congregation ; and only the property 
held for the use of such congregation shall be liable, by vir- 
tue of legal process, for the debts contracted for and on 
behalf of such congregation by said trustees. 

§ 3. The said Roman Catholic diocesan, or any other conveyance, 
person holding the title of property used or intended for 
religious, eleemosynary, educational and cemetery purposes, 
may convey the same to the congregation in which it ig 



68 



CHUKCHES. 



1869 



Property, how 
held. 



Majority to 
control. 



Term of office. 



located, or for which it was intended, after it shall have be- 
come incorporated under this act. 

§ 4. The said diocesan may select three trustees, to- 
gether with the yicar general, two of whom shall be laymen, 
and who, together with themselves, may become incorporated 
by the provisions of this act, and may hold, regulate and control 
any eleemosynary, educational, cemetery, religious or other 
property not belonging to or used by any particular congre- 
gation, subject to the provisions of this bill and uf the rules 
of the diocese of said diocesan and of the Koman Catholic 
church in the United States. 

§ 5. The action of a majority of the trustees, in each case 
provided for herein, shall be taken and held as thp action of 
the corporation to which they respectively belong, subject 
to the rules of the diocese of said diocesan and of the Ro- 
man Catholic church of the United States. 

§ (). The trustees appointed under this act, by the said 
diocesan, vicar general and pastor, or by said diocesan and 
vicar general, shall hold their offices, respectively, for the 
term of one year, or for such other time as the certiticate 
aforesaid shall designate ; and said certificate shall be re- 
ceived as evidence, in all courts of justice, of existence of 
the corporation therein specified. 

§ 7. The word dioo-r^san, as used in this act, shall be 
construed to mean the ;jishop or archbishop of the diocese, 
or such other person as shall be appointed, according to 
the rules of the Roman Catholic church, to preside over 
and administer the temporal and spiritual affaird of said 
diocese, 

§ 8. Whenever the office of any such layman shall 
become vacant, from any cause, his successor shall be ap- 
pointed in the same manner as herein provided for his 
original sr-lection. 

§ 9. The said Roman Catholic diocesan, vicar general 
and pa?!tor of said congregation, for the time being, shall 
be, ex ojjiGw, members uf the board of trustees thereof, ex- 
cept when the property is other than that of a congregation, 
in which case, the said diocesan and vicar general alone 
shall be trustees, ex officio. 

§ 10. This act is subject to any limitation or modifica- 
tion which may hereafter be enacted by general law, as to 
the amount of re J estate to be held by the corporations 
respectively provided for herein : Provided^ the same shall 
not affect any building in process of construction at the 
time of such enactment. 

§ 11. This act shall be deemed a public act, and shall 
take elfect from and after its passage. 

Appkoved March 8, 1869. 



Vacancy. 



Ex-offlcio 
members. 



Limitation on 
amount of real 
estate. 



I860 CIEOUIT COURTS. 69 



CIRCUIT COURTS. 



AN ACT to fix the times of holding courts in the counties of Morgan, In force Jan. 80, 
Greene and Jersey, in the first judicial circuit. 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, rejyresented in the General AsstmUy, That here- 
after there shall be three terms of the circuit court ho'.den courtinMor- 
in Morgan county in each year, as follows, to-wit : On the ^^" county, 
lirst Monday of April, on the second Monday of August, 
and on the fourth Monday of November. And the circuit Greene. 
court shall hereafter be holden in Greene county on the 
lirst Monday of March, and on the first Monday of Septem- 
ber ; and in the county of Jersey, on the third Monday Jersey. 
of March and the third Monday of September, in each 
year. 

§ 2. All writs, subpoenas, recognizances and other pro- Process re- 
ce&s, which have been or may be issued and made return- ^'i^^a^^^- 
able to the terms of court in said counties, as heretofore 
required by law to be holden, shall be deemed and taken 
to be returnable to the spring terms of said courts, as re- 
quired to be holden by this act; and all notices which have 
been or may be given, either by publication or otherwise, 
with reference to the terms as heretofore required to be 
held, shall, by force of this act, refer to the spring term of 
courts, as required to be holden by this act. And when- 
ever the period of one year shall expire from the rendition 
of any Judgment in ejectment before the holding of the 
spring terms of said courts, as lixed by this act, whereby 
any party shall be prevented from making a motion to va- 
cate such judgment and for a new trial under the provi- 
sions of the statutes, it shall and may be lawful to make 
such motion and vacate such judgment at the terms fixed 
by this act first occurring after the expiration of the year;, 
and like prDceedings shall be had thereon as if the same 
had been made within said period of one year. 

§ 3. Upon the passage of this act, tiie secretary of state Secretary to 
shall immeiliately transmit a copy thereof, duly certified, *''^"'°'" ''^'p^- 
to the circuit clerks of each of said counties. 

§ 4. This act shall take eflect and be in force from and 
after its passage. 

Approved January 30, 18(j9. 



^0 CIECUIT COURTS. 1869 

In force March AN ACT to amend an act entitled "An act to fix the time of holding the 
39, 18G9. circuit court in the several counties composing the second judicial cir- 

cuit." 

Section 1. £e it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That, here- 
after, in addition to the times of holding the circuit court 
in the county of Marion, state of Illinois, a term shall be 
held, commencing on the second Monday in the month of 
January'- of each year. 

§ 2. This act shall take effect and be in force from and 
after its passage, and all other acts are hereby repealed. 

Approved March 29, 1869. 



In force June AK ACT to change and fix the times of holding court in the second and 
20, 1869. third judicial circuits of this state. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemhly, That, here- 
Terms, second after, the circuit court in the second judicial circuit shall be 
circuit. ]^q\^ as follows, to-wit : 

In the county of Monroe, on the first Mondays in March 
and September. 

In the county of Randolph, on the second Mondays 
thereafter. 

In the county of Washington, on the second Mondays 
thereafter. 

In the county of Marion, on the second Mondays there- 
after. 

In the county of Clinton, on the second Mondays there- 
after. 

In the county of Marion, on the first Monday in Feb- 
• ruary. 
Third circuit. § 2, That, hereafter, the circuit court in the third judi- 
cial circuit shall be held as follows, to-wit : 

In the county of Perry, on the first Monday in May and 
the second Monday in I^ovember. 

In the county of Jackson, on the second Mondays there- 
after. 

In the county of Union, on the second Mondays there- 
after. 
ProccBs. ■ g 3, All writs, recognizances and all other proceedings, 

of whatever sort, which may have been issued or com- 
menced and made returnable to the term of circuit court 
in any of the counties above named, as heretofore fixed by 
law, shall be deemed and taken to be returnable to the 



1869 CIRCUIT COTJRTS. 71 

terms of court in said counties, as fixed by this act ; and all 
notices that may have been given, by publication or other- 
wise, with reference to the terms of court, as heretofore 
fixed by law, shall, by force of this act, refer to the terms 
of court as hereby fixed. 

§ 4. The secretary of state shall immediately transmit secretary to 
to the clerks of the circuit court of each of said counties a transmit copy, 
certified copy of this act. 

§ 5. This act shall take effect and be in force, so far as 
it relates to the second judicial circuit, from and after its 
passage, and so far as it relates to the third judicial cir- 
cuit, it shall take effect and be in force from and after the 
twentieth day of June, A. D. eighteen hundred and sixty- 
nine (1869). 

Approved February 10, 1869. 



AN ACT to amend an act entitled "An act to change the times of holding In force April 
court in the second and third judicial circuits of this state." 16, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That sec- 
tion two of an act entitled "An act to change and fix the 
times of holding court in the second and third judicial cir- 
cuits of this state," approved February 10th, 1869, be and 
the same is hereby amended, as follows: 

In the county of Clinton, on the fourth Monday there- 
after. 

§ 2. This act shall be deemed a public act, and take 
efiect and be in force from and after its passage. 

Approved April 16, 1869. 



AN ACT to change the time of holding the fall terras of court in the in force March 
fourth judicial circuit. 80, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
times of holding the fall terms of court in the several coun- 
ties composing the fourth judicial circuit shall, hereafter, 
be as follows : In the county of Crawfordj on the second 
Monday in September. In the county of Clark, on the sec- 
ond Monday thereafter. In the county of Cumberland, on 
the third Monday thereafter. In the county of Jasper, on 



72 CIRCUIT COURTS. 1869 

the second Monday thereafter. In the county of Effing- 
ham, on the second Monday thereafter. 
Eepeai. § 2. All law8 in conflict with this act are hereby re- 

pealed. 

§ 3. This act to take effect and be in force from and 
after its passage. 

AiTKovED March 30, 1869. 



In force Febru- AN ACT to fix the time of holding courts iu the fifth judicial circuit. 
ary 9, 1869. 

Section 1. Be it enacted hy the People of the IState of 
Illinois, revresented in the General Assemhly^ That, liere- 

Terms. after, the several circuit courts in said circuit shall be held 

WhenhoMen. ^^ ^j^^ fuilowing tiuies, in each and every year, to-wit : In 
the county of Brown, on the first Monday in March and 
the second Monday in Se])teinber. In the county of Mc- 
Donough, ou the third Monday in March and the fourth 
Monday in September. In the county of Pike, on the 
firbt Monday in April and the second Monday in October. 
In the coun-y of Fulton, on the third Monday of April, 
the fourth Monday in Au^^ust and the second Monday in 
December; and in the county of Schuyler, on the first 
Monday in May and the fourth Monday in October. '' 

^^oz^%i-\r^o g 2. All writs, fubpo^'ias, recognizances, and other pro- 
cess wl'iich have been or may be issued and made returna- 
ble to the terms of court in the counties in this act named, 
as heretof >re required by law to be holden, shall be deemed 
and taken to be returnable to the terms <'f court, as required 
by law to be holden by this act; and all notices which may 
have been or may be given, either by publication or other- 
wise, to the terms, as heretofore required to be held, shall, by 
force of this act, refer to the terms of court, as i-equired to 
be holden by this act ; and whenever the peric»d of one 
year shall expire from the rendition of any judgment in 
ejectment before the holding the terms of said courts as 
fixed by tids act, whereby any party shall be prevented 
from making a motion to vacate such judgment and for a 
new trial under the provisions of the statutes, it shall and 
may be lawful to make such motion and vacate such judg- 
ment at the terms fixed by t.'iis act first ensuing afrer the 
expiration of the year ; and like proceedings shall be had 
thereon as if the same had been made within the said 
period c^f one year. 
Secretary to § 3. Upon the passage of this act the secretary of state 

irA.sm . c.py. gbaU immediately trnsmit a copy thereof, duly certified, 
to the circuit clerks of each of said counties. 



1869 CIRCUIT COURTS. 73 

§ 2. This act shall take effect and be in force from and 
after its passaire. 

Approved JFebruary 9, 1869. 



A¥ ACT to chancre the time of holding courts in the sixth judicial circuit. In force June 

* "^ 1,1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
terms of court in liock Island county be held on the first ^^^ island 
Mondays of January, May and September in each year. 

§ 2. In Henry county, on the second Mondays of Feb- ^enry county. 
ruary, June and October of each year. 

§ 8. This shall be a public act, and shall be in force 
from and after the first Monday of June next. 

Approved March 31, 1869. 



AN ACT to provide for holding additional terms of court in the eighth judi- In force March 
cial circuit. A 18^9. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That, in ad- 
dition to the terras of the circuit court now required by 
law to be held in said eit;hth judicial circuit, there shall be 
held, in the county of Logan, a terra of s-aid court, on the 
first Tuesday in January; and in the county of McLean, 
on the fourth Monday of January in each and every year : 
Provided, that no grand jury shall be summoned to attend 
at said terms of said court, in either of said counties, unless 
ordered by the judge of F.aid court. 

§ 2. This act shall be a public act, and take efl'ect and 
be in force from and after its passage. 

Approved March 4, 1869. 



AN ACT to authorize the confessions of judgment in the circuit court of the jjj j^^^^ ^p^jl 
ninth judicial district during vacation. 15, 1869. 

Section 1. Be it enacted hy the People of the State of « 

Illinois, rejyrcsented in the General Assembly, That, from 
and alter the passage of this act, it shall be lawful for any 
—10 



74 CIRCUIT COUETS. 1869 

jndgmenu^'^*^'^ ^^^^^ ^^ the circult court of Said district to enter up judg- 
ment in vacation, upon a declaration and cognovit and pow- 
er of attorney being tiled, with an affidavit attached, that 
the power of attorney was executed by the defendant or 
defendants, and that the amount confessed in the cognovit 
is justly due and owing, or, if the debt is not due, that 

No set-off. there is no set-off or demand or payment to lessen the 
amount confessed in the cognovit. 

§ 2. This act shall be declared to be a public act, and 
shall be in force from and after its passage. 
In force April 15, 1869. 



In force March AN ACT to change the time of holding one of the terms of the circuit 
27,18(39. court of Bureau county. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That, from 
and after the passage of this act, the August term of the cir- 
cuit court of Bureau county shall be and is hereby abolished, 
and in lieu tliereof an annual September term of said 
court shall be held in said county, commencing on the 
second Monday of September in each year. 

§ 2. This act shall be in force from and after its 
passage. 

Approved March 27, 1869. 



In force Afarch AN ACT to fix the times of holding the courts in the tenth judicial circuit. 
4. isna. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly,, That, here- 
Terms, when after, the times of holding the circuit courts in the several 
counties composing the tenth judicial circuit shall be as fol- 
lows : 

In the county of Warren, on the second Mondays of 
January, May and September of each year ; in the county 
of Knox, on the first Mondays of February, June and Oc- 
tober of each year ; in the county of Mercer, on the fourth 
Mondays of February, June and October in each year ; and 
in the county of Henderson, on the second Mondays of 
March and the fourth Mondays in August in each year. 

§ 2. All summons, subpoenas, writs, notices, declarations 
in ejectments, bonds., recognizances, venires, and papers and 
process, of every kind and description, made and served 
for, or returnable to the terms of court_;in the several coun- 



holden, 



1869 cmctiiT COURTS. 75 

ties in said circuit, as the same were fixed by law, up to 
the date of the passage of this act, shall be deemed and 
taken, and shall have the same force and effect, as if the 
same had been made and served and were returnable to 
said terms, as thej are herein fixed and appointed : Pro- 
vided^ that no grand juries shall be summoned for the May 
term in the county of Warren, nor the June terms in the 
counties of Knox and Mercer, unless, in the opinion of the 
judge of said circuit, it shall be necessary for the speedy 
administration of justice and the public good. 

§ 3. This act shall be in force and take effect from and 
after its passage, and all laws in conflict herewith are here- 
by repealed. 

Appkoved March 4, 1869. 



19, 1869. 



AN ACT supplementary to an act entitled, "An act to fix the time of hold In force^ April 
iiig circuit courts in the fourteenth judicial circuit, and to regulate the 
practice therein," approved March 26, 1869. 

Section 1. Be it enacted hy the People of the State pf 
Illinois, rejpresented in the General Assembly^ That the 
April term of the Stephenson county circuit court, men- 
tioned in the fourth section of the act to which this act is 
supplementary, shall be construed to mean the April term 
of said Stephenson county circuit court, in the year of our 
Lord one thousand eight hundred and sixty-nine. 

^ 2. This act shall take effect from and after its pas- 



Appeoved April 19, 1869. 



AN ACT to fix the times of holding circuit courts in the fourteenth judi- In force. See 
cial circuit, and to regulate the practice therein. section 4. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
circuit courts shall be holden at the respective county seats 
of the counties comprising the fourteenth judicial circuit, 
at the following times, in each and every year, to-wit : In 
the county of JoDaviess, on the second Monday in. Novem- 
ber, the second Monday in February, and the fourth Mon- 
day in May. In the county of Stephenson, on the first 
Monday in September, the first Monday in December, and 
the third Monday in March ; and in the county of Winne- 



76 oiKcuiT couB'is. 1869 

bago, on the first Monday in October, the second Monday 
in January, and the first Monday in May. 

Amendment. g 2. I'he act entitled "An act to regulate the practice 
in the circuit court of Stephenson county, approved Feb- 
ruary 20t.h, 1867, is hereby so amended that no suit in said 
court shall be dismissed by reason of the non-payment of 
the jury fee, in said act prescribed, if the party whose duty 
it shall be to pay the same shall make such payment at any 
time before such suit shall be actually dismissed by the 
court by reason of the non-payment of said jury fee. 

Process. g 3^ ^^ -^vrits, subposnas, recognizances and other pro- 

cess which have been or may iiereafter be issued, returna- 
ble to the terms of the circuit court in the said counties, as 
heretofore required to be holden, shall be deemed and 
taken to be returnable to the terms of the circuit court in 
said county, as herein required to be holden ; and all noti- 
ces which may have been given, either by publication or 
otherwise, reference to the terms of the circuit courts in 
said.counties, as heretofore required to be holden, shall, by 
force of this act, refer to the terms of the circuit courts in 
the said counties, as required to be held under this act. 
Act to take ef- g 4.. This act, so far as the same refers to or affects the 
circuit court of said county of JoDaviess, shall take effect 
and be in force from and after the adjournment of the May 
term of said circuit court of JoDaviess county, A. D. 1869 ; 
and, so far as this act refers to or affects the circuit court of 
said county of Winnebago, this act shall take effect and 
■ be in force from and after the adjournment of the June 
term of said Winnebago county circuit court, A. D. 1869 ; 
and, so far as this act refers to or affects the circuit court 
of said county of Stephenson, the same shall take effect 
and be in force from and after the adjournment of the 
April term of said Stephenson county circuit court, except 
that the second section of this act shall take effect and be 
in force from and after the pasj:age of this act. 
Appkoved March 26, 1869. 



In force March AN ACT to change the time of liol^liiig oonrt in the fifteenth judicial cir- 
15, 1869. cuit, and tu regulate the qualitivjcUioii uf jurors thcfein. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Termchanged time of the circuit court for the county of Adams, in the 
la Adams coim- g,^^-j state, uow held for the disposition "uf criminal matters 
on the second Monday in the month of September, shall 
hereafter be commenced and held on the third Monday of 
said month in each year. 



I 



1869 CIRCUIT COURTS. 77 

S 2. That no person shall hereafter be exempt from . Exenipuon 

•^ . . .^ , . . .• ■ 7 • •. from jury. 

serving as jurors m the circuit court oi said circuit on ac- 
count of being a member of any fire coopany or other as- 
sociation, unless such person shall at the time be a regular 
member of and actually performs the duties required of the 
active members of the particular company or organization 
to which he may belong. 

§ 3. This act sliall take efiect and be in force from 
and after its passage. 

Approved March 15, 1869. 



AX ACT to amend an act entitled "An act to fix the time of holding courts in force April 
in the fifteenth judieia! circuit, and to establish terms for the disposal of 9, IStiS- 

criminal cases, and for other purposes," approved February 5, 1867. 

Section 1. jBe it enacted hy the People of the State of 
Illinois, rejyresented in the General Assembly, That at each 
of the terms of the circuit court of Adams county, estab- Feesof cierb, 
lished by the act to which this is an amendment, to be ex- 
clusively held for and devoted to the trial and disposal of 
business of criminal nature, there shall be taxed against 
the unsuccessful party the following clerk's fees in each 
case or proceeding : For issuing capias 35 cents, subpoe- 
na 35 cents, docketing 50 cents, each order 20 cents, call- 
ing and swearing jury 15 cents, swearing each witness 5 
cents, affidavit 5 cents, filing each paper 5 cents, receiving 
and entering verdict 10 cents, final judgment 25 cents, 
making list of jurors 25 cents, swearing officer to take 
charge of jury 5 cents, issuing execution 40 cents, docket- 
ing execution 10 cents, entering sheriil"'s return on execu- 
tion 10 cents, entering satisfaction of judgment 15 cents, 
entering appearance of attorney 10 cents, entering plain- 
tiff's or defendant's appearance 5 cents, issuing attachment 
for witness 25 cents, making and entering bill of costs 30 
cents, each certificate and seal 35 cents, taking and enter- 
ing recognizance 30 cents, arraig:,ing prisoner 25 cents, 
copy of indictment 15 cents per one hundred words, enter- 
ing discharge of recognizance 10 cents, copy of judgment 
of conviction to the penitentiary $1, issuing scire facias 15 
cents for each one "hundred words. There shall also be 
taxed against the unsuccessful party in each cause or pro- 
ceeding at said criminal term of saici court the following 
sheriff's fees : For serving each person with capias 50 cents, 
for serving each person with subpoena 25 cents, for. serving 
each person with scire facias 75 cents, for serving each person 
with summons for contempt 50 cents, for serving each person 
with attachment in contempt of court 60 eenls, for taking 



78 CIRCUIT COIIKTS. 1869 

bail in (iacli criminal case when required by law 75 centsj 
for returning each writ or process as aforesaid 10 cents? 
mileage for each mile of necessary travel to serve any such 
writ or process as aforesaid, calculating from the place of 
holding the court to the place of residence of the defendant, 
witness, or person served, or place of service, 5 cents each 
way, and for dieting each prisoner per day 80 cents. 
Duty of clerk. § 2. It shall be the duty of the clerk of said court, in 
addition to the duties now required of him by law, at the 
end of each of said criminal terms of said court, to make 
out and certify to the board of supervisors of said county 
of Adams a true and specific statement of the costs in each 
cause or proceeding to which he is entitled, and also a like 
statement of the costs to which the sheriif of said county 
is entitled by the terms of this act ; and the board of su- 
pervisors of the said county shall, on receiving such statement 
of the costs, allow and pay to the said clerk the amount of 
his said fees out of any money in the county treasury, not 
exceeding the sum of five hundred dollars annually ; and 
the said board of supervisors shall also, on receiving such 
certificate, allow and pay to the said sheriff the amount of 
his said fees out of the county treasury, not exceeding the 
sum of eight hundred dollars annually, exclusive of the 
amount due him for dieting prisoners. 

§ 3. All laws and parts of laws in conflict herewith are 
hereby repealed. 

§ 4. This act to take effect and be in force from and 
after its passage. 

Approved April 9, 1869. 



In force April -^^ ACT to repeal an act entitled "An act to amend an act entitled 'An 
17, 1869. act to fix the time of holding court in the fifteenth judicial circuit, and 

establishing terms for the disposal of criminal cases, and for other purpo- 
ses,' approved February 5, 1867," approved April 9, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, rej)resented in the General Assembly, That an act 
to amend an act to fix the time of holding courts in the fif- 
teenth judicial circuit, and establish terms for the disposal 
of criminal cases, and for other purposes, approved Feb- 
ruary 5, 1867, approved April 9, 1869, be and the same is 
hereby repealed. 

§ 2. This act shall take effect from and after its 
passage.. 

Approved April 17, 1869. 



1869 CIRCUIT CuDBTS. 79 



AN ACT to change the times of holding courts in the sixteenth judicial in force Jan. 
circuit, and relating to the practice therein. 13i 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That, here- 
after, the times of holding the circuit courts in the county Timeof how- 
of Peoria shall be as follows : The first term thereof shall ^^ '=°"^^- 
be held on the second Monday in the month of February, 
A. D. 1869, as heretofore required by law, and, thereafter, 
on the first Mondays of the months of January, March, 
May, September and November, in each and every 3'ear : 
Provided, that the March term, A. D. 1869, shall be dis- 
pensed with ; and the first term to be held after the said 
February term, A. D. 1869, shall be on the first Monday 
of May following. 

§ 2. That the times of holding the circuit courts in the stark county. 
county of Stark shall, hereafter, be on the first Mondays 
of April and October, in each and every year. 

§ 3. That the first week of the terms of the circuit court Peoria county, 
to be held in the county of Peoria shall be devoted to re- 
ceiving bills of indictment from the grand jury and the 
transaction and disposing of any matter appertaining to 
civil or criminal business, which may or can be done with- 
out irapanneling of apetit jury. 

§ 4. That petit juries shall be summoned, as now pro- Juries sum- 
vided by law, for the second and third weeks of each and °^°'^^*^- 
every term of the circuit court to be held in said Peoria 
county; and the judge of said court may, during term 
time, if he deems it necessary, order a venire for a special 
petit jury for any subsequent week of any term. 

§ 5. That all recognizances taken in any criminal cases, (.g-^g®**^™ °^ p"""" 
or process of any kind, returnable to the April term, A. 
D. 1869, as heretofore provided by law, of the circuit court 
of said Peoria county, whether said recognizances be taken 
before a justice of the peace, sherifi', or the circuit court of 
said county, or before any officer or officers authorized by 
law to take recognizances, shall be taken, deemed and made 
returnable to the term of said court, to be held on the second 
Monday of the month of February, A. D. 1869. And the Grand jurors. 
grand jury selected by the board of supervisors of said 
county, for the said April term, A. D. 1869, shall be con- 
sidered as selected for the said February term, A. D. 1869, 
and shall be summoned accordingly ; and the summoning 
and attendance of the petit jurors for the said April term, 
A. D. 1869, is hereby dispensed with. 

§ 6. That all recognizances, writs and process, which i^?*'^™^^^^ *» 
have been or may hereafter be issued or taken and made ^" *^™* 
returnable to the May term, A. D. 1869, of the circuit court 
of said Stark county, as heretofore required by law, shall be 
deemed and taken to be returnable to the April term, 



80 ciKoinT coTJETS. 1869 

A. D. 1869, of said court, as required to be lield under 
this act. 
Juries for stark § 7. That it shall be the duty of the clerk of the county 
coumy. court of said Stark county, to call a meeting of the board of 

supervisors of said county, to select grand and petit jurors 
tor the April term, A. D. 1S69, of the circuit court of said 
county, 

§ 8. That it shall be the duty of the circuit judge, at 
each term of the circuit court held in said Peoria county, 
when any regular panel for a petit jury shall be filled, to 
ascertain whether any of the persons called or summoned 
as jurors have served on a jury in any court of record in 
the state, at any term begun and held within one year, and 
to discharge from the panel and for the term any such per- 
sons who have so served. 
Chancery cases. § 9. That the circuit court of said Peoria county shall 
be deemed aad considered as always open for the hearing 
I of all matters and applications on the chancery side thereof, 

at chambers, and the granting of all such orders as may be 
required or necessary in the practice of said court. And 
the judge of said court shall have power, in vacation, to en- 
ter any iinai order or decree in any suit in chancery, in said 
county, on the final hearing or disposition of any such case, 
or any cause heard in term time and taken under advise- 
ment ; which order or decree shall have the same force and 
effect as when made in term time. And appeals shall be 
allowed and writs of error may be prosecuted thereon, in 
the same manner as if such decree or order had been made 
and entered at a regular term of said court. 

§ 10. That the judge of said court shall have full power 
to establish all such rules of practice, at law or in equity, 
as he may deem necessary, to expedite the business of said 
court. 
Secretary to § 11. That, immediately on the passage of this act, the 
transmit copies, gggj-etary of State make two certified copies thereof, and 
send one of the same to the clerk of the county court of 
said Peoria county and the other to the clerk of the county 
court of said Stark county; and that the said clerk shall 
cause the same to be published in a newspaper published 
in their respective counties ; and that the fees of the secre- 
tary of state for making such copies, as well as the expense 
of publishing said act, shall be paid by the respective coun- 
ties ; and the clerk of the county court of each of said 
counties is hereby authorized to draw an order on the trea- 
surer for the same. 

§ 12. That this act shall take effect and be in force from 
and after its passage. 

Appboved January 13, 1869. 



1869 CIRCUIT C0URT3. 81 



AN ACT to ihange the time of holding courts in the seventeenth judicial In force Janua- 
circuit, and concerning jurors in said circuit, and regulating publi- ry 27, 1869. 
cations. 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois^ represented in the General Assembly^ That tlie Times of hoid- 
terms ot" the circuit courts of the counties composing said i^^sco'irts. 
judicial circuit shall hereafter be held therein as follows : 

SPRING TERMS. 

In the county of Piatt, on the first Tuesday in Feb- 
ruary. 

In the county of Shelby, on the second Tuesday there- 
after. 

In the county of Macon, on the second Mmday there- 
after. 

In the county of Fayette, on the fifth Tuesday there- 
after. 

In the county of Chsmpaign, on the second Tuesday 
thereafter. 

In the county of Moultrie, on the fourth Tuesday there- 
after. 

In the county of Ford, on the second Tuesday there- 
atter. 



SUMMER TERMS. 

In the county of Fayette, on the third Monday in July. 

In the county of Macun, on the first Mundtiy there- 
after. 

In the county of Champaign, on the fifth Tuesday 
thereafter. 



FALL TERMS, 

In the county of Piatt, on the first Tuesday in Septem- 
ber. 

In the county of Shelby, on the first Tuesday there- 
after. 

In the county of Ford, on the second Tuesday there- 
after. 

In the county of Moultrie, on the first Tuesday there- 
after. 

In the county of Fayette, on the first Tuesday there- 
after. 

In the county of Champaign, on the second Tuesday 
thereafter. 

In the county of Macon, on the fourtli Tuesday there- 
after. 

—11 



CIECUIT COURTS. 1869 



Return of pro- § 2. All wrlts, subpoenas, recognizances and other pro- 
cess, which may have been or may be issued and made re- 
turnable to the terms of the circuit courts in said counties, as 
heretofore required to be holden, shall be deemed and taken 
to be returnable to said terms of the circuit court in said 
counties, as herein required to be holden. And all notices 
which may have been given, either by publication or 
otherwise, with reference to the terms, as heretofore re- 
quired to be holden, shall, by force of this act, refer to the 
terms of the court required to be held under this act in 
said counties. And all proceedings pending in said courts 
shall be taken up and proceeded with as if no alteration 
had been made in the times of holding said courts. 

Champaign CO. § 3. The Said Summer term of court, to beheld in 
Champaign county, shall be exclusively held for and de- 
voted to the trial of chancery causes, aud to the entry 
of defaults and rendering judgment upon the same, and 
the making up of issues in common law causes, and the 
trial of such common law causes as the parties may agree 
to try ; and no grand or petit jury shall be summoned for 
such term unless ordered by tlie judge, which may be done 
in term time or in vacation. 

Fayette— grand § 4. ISTo grand jury shall be summoned for the summer 

^^^^' term of the circuit court to be held in Fayette county, un- 

less ordered by the judge, which ma}' be done in teim time 
ur in vacation. 

Petit juiy. I 5. It shall be the duty of said court, in each of the 

counties in said circuit, when a panel for a petit jury is 
filled, to ascertain whether any of the persons summoned 
or called as jurors have served on a jury in a court of 
record in said county within one year ; and in ca&e such 
person has served on a jury in a court of record within one 
year, to discharge him for the term. 

PubUcation. g g_ 'Pijg attorneys and counselors at law in said dis- 

trict shall have tiie right to direct the circuit clerks and 
sherifls therein in what newspapers notices of publications 
and of sales on executions, in all cases controlled by them, 
shall be made ; and any disregard of said instruction shall 
make such clerk or sheriif personally liable fur the cost of 
the publication of the same. 

tr.nn-m^^^t"opiJs° § ^' ^^ ^^^^^ ^^ *^® ^"^^ of the Secretary of state to fur- 
' nish the circuit clerks of the several counties named in this 
act with a copy of the same. 

§ 8. This act shall take effect and be in force from aud 
after its passage. 

Approved January 27, 1869. 



1869 cmcTTiT corBTs. S3 



AX ACT to change the times of holding courts iu the eighteenth judicial In force April 
circuit 19.1S69. 

Section 1. Be it enacted hy the Feojyle of the State of 
Illinois, represented in the General Assemhly, That, here- 
after, the circuit courts in the several counties composing .Times of hoM- 
said circuit shall be held at the usual places of holding ^^^ *^''"'^' 
courts in said counties, to commence at the times following, 
viz : In the county of Montgomery, on the fourth Mon- 
day of February, and on the third Monday after the fourth 
Monday in Auguit. In the county of Macoupin, on the 
third Monday after the fourth Monday in February, and on 
the fourth Mlonday in August, and on the first Monday in 
December. In the county of Christian, on the sixth Mon- 
day after the fourth Monday in February, and on the sixth 
Monday after the fourth Monday in August. 

§ 2. And he it further enacted, That all writs, sub- Eeturuofpro 
poenas, recognizances and other process which have been 
or may hereafter be issued, returnable to the terms of the 
circuit court iu the said counties, as heretofore required to 
be holden, shall be deemed and taken to be returnable to 
the terms of the circuit court iu said counties, as herein 
required to be holden ; and all notices which may have 
been given, by publication or otherwise, with reference to 
the terms of the circuit court in the said counties, as here- 
tofore required to be holden, sliall, by force of this act, 
refer to the terms of the circuit court in the said counties, 
as required to be held under this act; and all proceedings 
in circuit courts of the said counties shall be taken up and 
proceeded with as if no alteration had been made in the 
times of holding said court. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved April 19, 1869. 



AX ACT to attach Johnson county to the nineteenth judicia! circuit. jq f^j^g March 

11. 1SC9. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
county of Johnson be and the same hereby is detached 
from the twenty-sixth judicial circuit, and attached to and 
made a part of the nineteenth judicial circuit. 

§ 2. The times for holding courts in said county of 
Johnson shall be the second Mondays in June and Decem- 
ber of each vear. 



84 CIRCUIT COURTS. 1869 

§ 5. This act shall be a public act, and take effect and 
be in force from and after its passage. 
Approved March 11. 1869. 



In force March AN ACT to fix the times of holding courts in the nineteenth and twenty- 
11' ^S^^- sixth circuits, and in the county of Union. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemhly, That the 
Times of hold- circuit court shall be held in the counties composing the 
mg court. nineteenth judicial circuit, at the following times, to-wit : 

In the county of Alexander, on the first Monday of 
April, the first Monday of July, the third Monday of Sep- 
tsjraber and the third Monday of January. 

In the county of Pope, on the third Monday in March 
and first Monday in September. 

In the county of Massac, on the first Monday in May, 
and third Monday in October. 

In the county of Pulaski, on the third Monday in May, 
and first Monday in November. 

In the county of Johnson, on the third Monday in June 
and first Monday in December, 

And in the counties composing the twenty-sixth judicial 
circuit, the circuit court shall be held at the following times, 
to-wit : 

In the county of Franklin, on the second Monday in 
March and fourth Monday in August. 

In the county of Williamson, on the fourth Monday in 
March and the second Monday in September. 

In the county of Saline, on the second Monday in April 
and fourth Monday in September. 

In the county of Hardin, on the fourth Monday in April 
and second Monday in October. 

In the county of Gallatin, on the first Monday in May 
and fourth Monday in October. 

And the circuit court of Union county shall be held on 
the second Monday in June and second Monday of De- 
cember. 
Exceptions, § 2. This act shall not apply to the spring terms, in the 

year 1869, for the counties of Franklin, Williamson and 
Saline and Union. 

§ 3. All writs, recognizances, process and notices, which 
may have been or may be issued or published, and made 
returnable to the terms of any of said circuit courts, as now 
fixed by law, shall be deemed and taken as returnable to 
said courts, as they are herein required to be held. 



Return of pro- 
cess. 



J 869 CIRCUIT COURTS. 85 

§ 4. The secretary of state is required to send a certi- certified copy. 
fied copy of this act to the clerk of the circuit court of each 
county named in this act, 

§ 5. This act shall take effect from and after its 



Approved March 11, 1869. 



AN ACT to regulate the time of holdint^ courts in the twentieth judicial In force Feb. 
circuit, and to provide for an official reporter in said circuit. ■^^' ^ ^' 

Section 1. £e it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
regular terms of the circuit court in the twentieth judicial Terms, 
circuit shall be held as follows : In the county of Kankakee, 
on the tirst Tuesday in April, the third Tuesday in Septem- 
ber and the first Tuesday in December. In the county of 
Iroquois, on the first Tuesday in March, the third Tuesday 
in Jane, and the first Tuesday in November. In the county 
of Livingston, on the first Tuesday in January, on the first 
Tuesday in May, and the second Tuesday in October. 

§ 2. AH processes issued and made returnable to the Process. 
terms of said circuit court, as heretofore provided by law, 
shall be deemed and taken as returnable to the next ensu- 
ing term, as provided for in this act. 

I 3. The regular grand jury, in each of the counties of Grand jury, 
said circuit, sball be convened as follows : In the county 
of Kankakee, at the regular term in December. In the 
county of Iroquois, at the regular term in November. In 
the county of Livingston, at the regular term in January. 

§ 4. In any civil action in the circuit court of said cir- short-band re- 

• 1 11 . • -, . 1 , > porting. 

cuit, whenever both parties to said action, or their counsel 
or attorney, shall desire a short-hand report of the evidence, 
or any proceedings therein, if the judge shall deem the 
case a fit one to be reported, said judge shall direct and 
appoint some suitable and competent person to act as such 
reporter, who shall be sworn to fully and impartially re- 
port said evidence or proceedings ; and it shall be the duty 
of said ofiicial short-hand reporter to take full phonographic 
notes of said evidence or proceedings, and the same, if de- 
sired by either or both of said parties to said cause, shall 
be fairly and fully transcribed. The charges for taking 
said phonographic notes, and for the transcription thereof 
when made, shall be estimated and certified by said judge, 
and when so certified, shall be forthwith paid, under fhe 
order of the court, by the party on whose behalf the same 
was ordered, and the amount so paid shall be allowed and 



Dort i 
nal case? 



SG CIECUIT COURT'S. 1869 

taxed as costs in said cause : Provided^ however^ that said 
transcriptioi), when paid for, shall be tiled with the papers 
in said cause, subject to be used bj the respective parties, 
as the court shall direct : And^ r>rovidtd^ moreover^ that 
upon a failure to paj said charges, under such order of 
court, the party or parties so failing may be proceeded 
against by attachment, as in other cases for non-compliance 
with the orders of the court. 

§ 5. Whenever, in any criminal case in said court, the 
judge, on behalf of the accused, or the prosecuting attor- 
ney, on behalf of the people, shall deem the cause a proper 
one to be reported, he may appoint an official short-hand 
reporter, who shall be sworn, as provided in section four of 
this act ; and it shall be the duty of said short-hand report- 
er to take fall phonographic notes of the evidence or pro- 
ceedings in such case, and the same, if desired, to be 
forthwith fairly and fully transcribed, and the said tran- 
scription, when 80 made, to be filed in said court, among 
the papers in said cause. The charges for taking said notes 
and for the transcription thereof, when made, to be esti- 
mated and certified by said judge and prosecuting attorney ; 
and, when so certified, the same shall be paid by the coun- 
ty treasurer of the county in which said cause shall be tried, 
upon the written order of said judge, out of any contingent 
funds of the county on hand in his office. 

§ 6, Tills act r,hall be in force from and afcer its 
passage. 

Approved February 19, 1869. 



In forcp March AX ACT to extend the powers of the judge of the 22d judicial circuit iu 
'-"•>■, 1^69. vacation. 

Section 1. Be it enacted hy the Feojyle of the State of 
Illinois^ represefnted in the General Assembly^ That the 
judge of the twenty-second judicial circuit shall have power, 
in vacation, to hear and determine motions, to dissolve in- 
junctions, to make any and all necessary orders to carry 
into eft'ect any decree previously entered in any cause in 
said circuit ; to grant and order the issuance of writs of 
possession or writs of assistance, and any and all other 
writs which may be necessary or proper to carry into efi'ect 
any sucli decree, and to order the issuance of writs of 
certiorari^ in all cases, as fully and with like efi'ect as if 
any such orders were made at any regular term of court in 
said circuit. Any vacation order, so made, shall be signed 
by the judge, and filed and entered of record by the clerk 



1869 cmcuiT coukis. 87 

of the court in which the proceeding shall be had, and, 
when so tiled, shall have like force and ofFect as if such 
order were made at a regular term of the court, from the 
date of such tiling. Any party applying to the judge for 
any such ordl&r shall give the opposite party, or his attorney 
of record, at least five days' notice of such intended appli- 
cation. 

§ 2. This act shall take eflect and be in force from and 
after its passage. 

Appkoved March 25, 1869. 



AN ACT for an additional term of the circuit court in St. Clair county, j^ ^^.^8 March 

29, 1869. 

Section 1. Be it enacted hy the People of the ^taie of 
Illinois^ represented in the General Assembly, That, here- 
afcer, a term of the circuit court shall be held in the county Term-Process. 
of St. Clair on tlie first Monday of August, in the year 
eighteen hundred and sixty-nine, and in each year, on the 
day above mentioned, thereafter, which said term of court 
shall be exclusively held for and devoted to the trial of 
criminal and chancery causes; and all writs, subposnas, 
processes, recognizances or appeals in or relating to business 
of a criminal nature, after the last preceding term, shall 
refer and be returnable to the term of said court to be held 
on the first Monday in August, eighteen hundred and sixty- 
nine, as aforesaid. 

§ 2. And no civil cases, except chancery cases, or natu- Business taken 
ralization of foreigners, and such other civil business as is "^" 
or may be required to be entered on the people's docket, 
shall be taken up or disposed of at any terra of said court 
specitied in the first section of this act, unless by consent 
of both parties. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved March 29, 1869. 



8S CIEOUIT COURTS. 1869 



In force March AN ACT to change the times of holding the circuit courts in the twentv-fifth 
1"' 1869. judicial circuit of tliis state. 

Section 1. Be it enacted hy the People <jf the State of 
Illinois^ represented in the General Asserrwly, That the 
Bpriiioj term of the twenty-iiftli judicial circuit of this state 
shall be held as follows, uamelj : 

In the county of Lawrence, on the second Monday in 
the month of April. In the county of Clay, on the second 
Monday thereafter. In the county of Richland, on the 
second Monday thereafter. And the fall terms of said cir- 
cuit court shall commence and be holden in the county 
of Richland, on the first Monday in the month of October. 
In the county of Clay-, on the second Monday thereafter. 
In the county of Lawrence, on the second Monday there- 
after. 
Process. | 2. All instruments, writs, causes, motions, recogni- 

zances, and all other court proceedings, pending and unde- 
termined in said circuit courts ot Richland, Lav/rence and 
Clay counties, shall stand for trial and hearing and judg- 
ment and disposition at the terms of the court fixed by this 
act, in the same manner and with like efiect as if no change 
had been made in the times of holding said circuit courts. 
All recognizances, writs, and process, of whatsoever char- 
acter, heretofore or hereafter entered into, issued or made 
returnable to the courts as liereafter and by this act ar- 
ranged, shall be deemed and held as returnable to the times 
and places of holding said circuit courts, as fixed by this 
act. 

§ 3. The secretary of state shall, upon the passage of 
this act, certify the same to the clerks of the several circuit 
courts of said circuit, who shall give notice, by posting up 
in the several townships of their counties, respectively, 
printed notices at least twenty days before the spring term 
of said courts, giving notice of such change of holding said 
circuit courts. 

§ 4. This act to take effect and be in force from and 
alter its passage. 

Appkoved March 10, 1869. 



Copies furBish- 
ed clerks. 



In force Mai cb AN ACT to fix the times of holding courts in the twenty-sixth judicial cir- 

11 1QAQ nni*- 



11, 1S69. cuit 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That, here- 
after, the circuit courts in the twenty-si^th judicial circuit 



1869 CiEcurr cotiETS. 



shall be held in the several counties composing said circuit ^Jl^' ^^^° 
at the following times : In the county of Franklin, on the 
first Mondays of March and September. In the county of 
Williamson, on the third Mondays of March and Septem- 
ber. In the county of Johnson, on the first Mondays of 
April and October. In the county of Sahne, on the third 
Mondays of April and October, In the county of Hardin, 
on the first Mondays of May and November. In the coun- 
ty of Gallatin, on the second Mondays of May and No- 
vember. 

§ 2. The secretary of state shall immediately transmit e^'gfgjl^"'^^^®'^" 
to the circuit clerk of each county in said circuit, at least six 
printed copies of this act, properly authenticated, for gene- 
ral information. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Appeoved March 11, 1869. 



AN ACT to repeal an act entitled "An act to fix the times of holding In force Apiil 
courts in the twenty-sixth judicial circuit." 15> ^869. 

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 fix the times of holding courts in the Repeal, 
twenty-sixth judicial circuit," passed at the present session 
of the general assembly, be and the same is hereby re- 
pealed. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved April 15, 1869. 



AX ACT to fix the times of holdicg circuit courts in the twenty-seventh In force Jan. 30, 
judicial circuit, and for other purposes. 

Section 1. Be it enacted ly the People of the State of 
Elinois, represented in the Gtneral AssemVly, That, here- 
after, the times of holding the circuit courts in the several Holding courts, 
counties composing the twenty-seventh judicial circuit, 
shall be as follows, to-wit : 

Spring Terms. — In the county of Douglas, on the first 
Tuesdays of February, in each year. In the county of 
Edgar, on the second Tuesdays thereafter. In the county 
—12 



comity. 



90 CIRCUIT COURTS. 1869 

of Vermilion, on the third Tuesdays thereafter. In the 
county of Coles, on the third Tuesdays thereafter. 

Fail Terms. — In the county of Douglas, on the fourth 
Tuesdays in August, of each year. In the county of Ed- 
gar, on the second Tuesday thereafter. In the county of 
Yermilion, on the third Tuesday thereafter. In the coun- 
ty of Coles, on the fifth Tuesday thereafter. 
iRetnraofpro- § 2. All Bummonses, subpoenas, bonds, recognizances, 
ces?. and all other processes which may have been or may be 

issued, and made returnable to the terms of the circuit 
court in said counties as heretofore required to be held, 
shall be deemed and taken to be returnable to the terms of 
the circuit court in the respective counties as herein requir- 
ed to be held, and all notices which may have been or may 
be given, either by publication or otherwise, with reference 
to the terms of said courts as heretofore required to be 
held, shall, by force of this act, refer to the terms of 
court required to be held under this act ; and all proceed- 
ings pending in said courts shall be taken up and proceed- 
ed with at the terms herein specified for the holding of said 
courts as if no alteration had been made in the times of 
holding said courts, 
jermiiion g 3. The first wcek of the fall terms of the circuit court 
to be held in said county of Yermilion, shall be devoted to 
the impanneling the grand jury ; to receiving indictments 
from that body; to the transaction of chancery business; 
to the hearing of motions ; the settlement of issues ; the 
taking defaults and judgments by nil dicit ; and the trial 
of cases where the parties waive a jury ; and the petit 
jury for said fall terms of said court shall be summoned to 
appear before said court on or before the hour of eleven 
o'clock A. M. on the second Tuesdays of said terms. 

§ 4. The secretary of state shall, immediately after the 
passage of this act, transmit to the clerk of the circuit 
courts of the counties herein named a certified copy of 
this act. 

§ 5. This act shall take efl'ect and be in force from and 
after its passage. 

Apphoved January 30, 1869. 



In force March -A-N" ACT to establish the thirtieth judicial circuit, and for the election of 
11,1869. a prosecuting attorney in the eighteenth judicial circuit. 

Section 1. Be it enacted ly the People of the State of 

Illinois, represented in the General Assembly, That the 

Sangamon county of Sangamon shall compose a judicial circuit, to be 

county. called the thirtieth judicial circuit. There shall be an elec- 



1869 CIRCUIT OOUETS. 91 

tion holden in said circuit on the first Tuesday in April, 
A. D. 1869, for the election of a circuit judge, which elec- 
tion shall be conducted, and the returns thereof made and 
canvassed in the manner provided by the constitution and 
laws of this state. Said judge, when elected, commission- 
ed and qualified, shall hold his office until the next general 
election forjudges, as provided by the constitution, and un- 
til his successor is elected and qualified. 

§ 2. The said judge, when elected, shall exercise all Duty of judge, 
the powers, perform all the duties, and have all the juris- 
diction and authority now had or hereafter to be exercised 
by circuit judges in this state, under the constitution and 
laws thereof, and shall receive the game compensation and 
be subject to the same liabilities as other judges under the 
constitution and laws of this state. The judge now hav- 
ing jurisdiction in said circuit shall hold and exercise the 
same, until the judge provided for in this act shall have 
been elected and qualified. 

§ 3. The regular terms of said court shall be held on jjj|™«' ^^^^° 
the fourth Mondays of April, the first Mondays of Septem- 
ber and the third Mondays of February in each year. The 
judge of said circuit court shall have power to call addition- 
al terms of said court for the transaction of civil, common 
law, chancery or criminal business, upon causing notice 
thereof to be given, by publication for twenty days, in some 
daily paper published in the city of Springfield. 

§ 4. The prosecuting attorney for the eighteenth judi- attoSe^^'^'^^'"" 
cial circuit shall be the prosecuting attorney for the thir- 
tieth judicial circuit for and during the term for which he 
was elected in said eighteenth circuit, and until his succes- 
sor shall be elected and qualified. There shall be elected 
by the qualified electors of the counties of Christian, Mont- 
gomery and Macoupin, on the first Tuesday of April, A. D. 
1869, a prosecuting attorney for the eighteenth judicial 
circuit, for the unexpired term of the present prosecuting 
attorney for said circuit. 

§ 5. All process issued before the commencement of Process, 
any term of said court shall be returnable to the first days of 
the said terms, but all process, either original or otherwise, 
may issue and be made returnable, during said terms ; and 
after ten days' service the same proceedings and judgments 
or decrees may be had and rendered by said court, in the 
cases in which said process may be issued, in the same man- 
ner and with the same force and efl'ect as if process had 
been regularly served ten days previous to the commence- 
ment ot said term, as now provided by law. 

§ 6. This act to take efl'ect froni and after its pas- 
sage. 

Approved March 11, 1869i 



92 COMMISSIONERS. 1869 



COMMISSIONERS. 



In farce Feb. 19, AN ACT to authorize the governor of this state to appoint commissioners 
1^69. to talie the acknowledgment or proof of the executions of deeds and 

other instruments, and to take depositions, etc., in other states, territo- 
ries, etc. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
Goyemormay governor of this State may appoint and commission in any 
misstoneis ^"'of othcr State, in the District of Columbia, in each of the ter- 
deeds. ritorics of the United States, and in any foreign country, 

as many commissioners as he may, deetn expedient : Pro- 
vided, that the number of such commissioners shall at no 
time exceed live in any one city or county; who shall con- 
tinue in office for four years, and shall have authority to 
take relinquishments of dower of married women, the ac- 
knowledgment or proof of the execution of any deed or 
other conveyance, or lease of any land lying in this state, 
or any contract, assignment, transfer, letter of attorney, sat- 
isfaction of a judgment, or of a mortgage, or of any other 
instrument or writing, under seal or not, to be used or re- 
corded in this state. And any such commissioners, ap- 
pointed for any foreign country, shall also have authority 
to certify to the official character, signature or seal of any 
other, officer within their district who is authorized to take 
acknowledgments or declarations under oath. 
Daties of be- s 2. Evcrv such Commissioner, before performing any 

fore entennc , « 'I . . I . , >■ „ t . ° . r 

upon office. duty or exercismg any power m or by virtue oi his appoint- 
ment, shall take and subscribe an oath or affirmation, before 
a judge or clerk of one of the courts of record of the dis- 
trict, stat6 or territory or country in which said commis- 
sioner shall reside, well and faithfully to execute and per- 
form all the duties of such commissioner, under and by 
virtue of the laws of the state of Illinois. And every such 
commissioner shall, before he enters upon the duties of his 
office, cause to be prepared an official seal, in which shall 
be designated his name, and the words, " a commissioner 
for the state of Illinois," together with the name of the 
state, territory or country, and also the city or county with- 
in wliich he shall reside or have an office, and for which he 
shall have been appointed ; and shall, within six months 
' after his appointment, transmit to, and cause to be filed in 

the office of the secretary of state of this state, said oath or 
affirmation, and also a distinct impression of such seal, 
taken upon wajv or some other substance capable of re- 



1869 COMMISSIOKEES. 93 

ceiving and retaining a clear impression, together with his 
signature in his own proper writing. 

§ 3. Such acknowledgment or proof, so taken according mett^efflct^ff 
to the laws of this state, and certified to by any such com- 
missioner, under his seal of office, annexed to, impressed 
or indorsed on any of the instruments in writing, provided 
for or mentioned in section one (1) of this act, shall have 
the same force and eflect, and be as good and effectual to 
all intents and purposes in law, as if the same had been 
made or taken before any officer authorized to take such 
proof or acknowledgment, residing in this state ; and any 
instrument so authenticated shall be entitled to be recorded 
in any county in this state. 

§ 4. Every commissioner shall have power to admiois- Powers of. 
ter any oath which may be lawfully required in this state, 
to any person willing to take it, and to take and certify 
depositions to be used in any of the courts of this state, in 
conformity to the laws thereof, either on interrogatories 
proposed under commission from a court of this state, or 
by consent of parties, or on legal notice given to the oppo- 
site party : and all such acts shall be as good and valid in 
law as if done and certified according to law by any officer 
authorized to administer oaths or take depositions within 
or without this state. 

§ 5. That the governor of this state is hereby author- Their number- 
ized to name, appoint and commission, in addition to the 
number authorized by the first section of this act, one com- 
missioner for everyj ten thousand inhabitants in the cities 
of other states and territories, but no commission shall is- 
sue to any applicant unless he shall present to the governor 
a certificate, under seal of the mayor of the city, or the 
judge of a court of record of the city in which such appli- 
cant resides or desires to open an office, of the number of 
inhabitants of said city, and that said applicant is a proper 
person to receive such appointment. 

§ 6. That all laws heretofore passed authorizing the ^conflicting 
appointment of commissioners to take the proof and ac- ^^'^^ repealed, 
knowledgment of deeds and other instruments, and to ad- 
minister oaths in other states and territories, and prescribing 
the duty and authority of such commissioners, are hereby 
repealed : Provided, such repeal shall not affect appoint- 
ments heretofore made under such laws hereby repealed. 

§ 7. It shall be the duty of the secretary ©f state of instructions. 
this state to prepare instructions and a set of forms, in con- 
formity with the laws of this state in reference to the taking 
of acknowledgments of deeds and other instruments' in 
writing, and in reference to taking depositions under the 
laws of this state, and when any person appointed a com- 
missioner under this act shall have filed the oath, impres- 
sion of seal and signature hereinbefore provided, in the 



94 COMMISSIONERS. 1860 

office of such secretary, the said secretary of state shall 
forthwith forward to such petson a certificate stating that 
such person has complied with the law, and shall also for- 
ward to such person a copy of such instructions and set of 
forms, to be prepared as aforesaid, together with a copy of 
this act, for which said secretary shall be entitled to demand 
and receive the sum of five doflars of said party. 
Forfeiture gg^ Any person appointed Commissioner under this act, 

who shall not within six months afrer his appointment com- 
ply with the requirements hereof, and become a resident of 
or open an office in the city, county, state, territory or 
country for which he may be appointed, shall forfeit all 
rights conferred by such appointment, and the power and 
authority of such commissioner conferred by this act shall 
cease. 

§ 9. This act shall take effect and be in force from and 
after its passage. 

Appkovsd February 19, 1869, 



In force April AN ACT to appoint commissioners to lay out and define the boundary line 
16, 1869. between the counties of Rock Island and Whiteside. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 

Commissioners, county surveyor and drainage commissioner of Whiteside 
county, Illinois, and the county surveyor and drainage 
commissioner of Eock Island county, Illinois, with one 
other competent and suitable person as assistant, to be 
chosen by the parties above named, shall be and are 
hereby constituted commissioners for the purpose of loca- 
ting and defining the boundary line between the counties 
of Whiteside and Kock Island, in said state of Illinois, in 
accordance with an act of the general assembly, approved 
February 15, 1831. 
Powers and § 2. The Said commissioners shall have power to sur- 

dnties. ^gy^ establish monuments, fix corners, and do all things 

necessary and proper to locate and define the boundary 
line aforesaid ; and shall cause the plat or map of such line, 
with field notes, description and survey thereof, to be 
recorded in the county clerk's office of Whiteside and Rock 
Island counties, and in the office of the state auditor ; the 
majority of said commissioners shall have power to fill va- 
cancies, if any shall occur in their number, at the time 
agreed upon by them to commence the survey and location 
of the line aforesaid ; the report of said commissioners, and 
the records made as above named, shall be final, and 



1869 CONSIGNORS. 95 

the line between the counties tlius established shall be and 
is hereby declared the true and lawful line. 

§ 3. Be it further enacted^ That all lands sold by Eock Land sold. 
Island county, which may be situated within the limits 
established by the act of 1854, and which may come with- 
in the limits of Whiteside county by reason of defining and 
fixing the boundary line, as provided for in section two (2) 
of this act, the title to the same shall not be impaired or in 
anywise aifected by virtue of this act ; but the amount of 
purchase money received for the same shall be paid over to 
Whiteside county, and the proper authority is hereby re- 
quired to pay over the same from the swamp land fund of 
Eock Island county ; and, in like manner, all lands sold by 
Whiteside county, that may come within the limits of Eock 
Island county, as established by the said act of 1854-, the 
title to such lands shall remain the same, so far as the act 
can affect the same, but the amount of purchase money 
shall be refunded to Eock Island county, in the form and 
manner aforesaid. 

§ 4. All expenditures of money necessary and proper. Expenses, 
including reasonable compensation for said commissioners, 
shall be paid equally by Whiteside and Eock Island coun- 
ties, such accounts to be audited by the board of supervi- 
sors of the respective counties, and. orders drawn for the 
amounts in the usual form ; the said commissioners are 
required to commence and complete the work herein con- 
templated as soon as may be practicable after the passage 
of this act. 

This act shall be deemed a public law from and after its 
passage, all acts or parts of acts to the contrary notwith- 



Approved April 16, 1869. 



CONSIGNOES. 



AN ACT for the protection of cousignors of fruit, grain, flour, etc., to be in force March 
Slid on commission, 4, 18G9. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General AssernUy, That if any penalty when 
warehousemen, storage, forwarding or commission mer- commission 
chant, or his or their agents, clerks or employees, shall ™erts^°proceed.s 
convert to their own use, the proceeds or profits arising o^ule.^° ^''' 



96 CONSTITUTION, AMENDMENT OF. 1869 

from the sale of any fruits, grain, flour, beef, pork, or any 
other goods, wares or merchandise, otherwise than as in- 
structed by the consignor of said goods, and shall, on the 
demand of the cimsiguor, fail to deliver over the proceeds or 
profits of said goods, after deducting the usual per cent, on 
sales as commissions, shall be deemed guilty of a mis- 
demeanor ; and any person or persons who shall be found 
guilty of retaining or embezzling any money prohibited in 
this section, not exceeding in amount one hundred dollars, 
shall be punished by line not more than five hundred dol- 
lars or imprisonment in the jail of the county not exceeding 
three months, or both, at the discretion of the court, and 
shall, moreover, be liable in double the amount of damages 
to the party injured ; and any person or persons who shall 
be found guilty of retaining or embezzling a greater sum 
than one hundred dollars, shall be punished by fine not 
more than five hundred dollars, or imprisonment in the 
jail of the county not exceeding one year, or both, at the 
discretion of the court, and shall, moreover, be liable in 
double the amount of damages to the party injured. 

§ 2. This law to take eftect from and alter its passage. 

Appkoved March 4, 1869, 



CONSTITUTION. AMENDMENT OF. 



In force March AN ACT for submitting an amendment of the constitution of this state to 
30, 1869. a vote of the electors at the next general election. 

Section 1. Be it enacted hj the People of the State of 

Illinois, represented in the General Assembly, That there 

Propogitionto ghall be Submitted to the electors of this state, at the next 

esu mi e . g^j^g^.^^^ election for representatives to the general assembly 

of the state of Illinois, the following proposition, to-wit : 

The general assembly shall have no power to release the 

Illinois Central Railroad Company from its obligations to 

pay into the state treasury either the tax or the per centum 

of the .gross receipts of the Illinois Central railroad and 

branches, as stipulated in its charter. 

Voting. § 2. Each elector voting at said election shall inscribe 

on his ballot, if he desire the adoption of said amendment, 

the words "for the amendment,'' or if opposed to such 

amendment, the words " against the amendment ;" and the 

judges of election shall count the votes thus given for and 



votes. 



186d C0}<TSTITtrTI01T, AMENDMEin' OF. 9? 

against the proposed amendment, and certify the same to 
the clerks of the county courts in each county, in the same 
manner as in other cases of election returns. 

§ 3. It shall be the duty of the several county clerks in ^^couttir 
each of the counties of this state, on or before the seventh 
day after said election, to take the same steps for counting 
the said returns of votes, and making abstracts of the same, 
as in case of the returns of the election of state officers, and 
shall transmit the said abstracts, properly certified, as in 
case of votes given for state officers, to the secretary of state 
of this state ; and it shall be the duty of the said secretary 
of state to count the said votes, and if the number for such 
amendment is more than half of all the votes cast at said 
election for members ot the house of representatives of the 
general assembly of this state, the said secretary shall, im- 
mediately upon such counts, certify such fact, and publish 
the same in the official paper of the state, or if there should 
be no such official paper, then in such paper published in 
this state as he may select ; and from the time of the ascer- 
tainment of such fact, as aforesaid, the said amendment shall 
become incorporated into and form part and parcel of the 
ninth article of the constitution of this state, and be binding 
and obligatory as such. 

§ 4. This act shall take effect and be in force from and 
after its passage. 

Approved March 30, 1869. 



AN ACT to provide for calling a convention to revise, alter or amend the ^^ force Jun* 
constitution of the state of Illinois. ^'» •'^''* 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That a con- 
vention to alter, amend or revise the constitution of the convcDtion. 
state of Illinois, is hereby called to meet at the state house, memtfers, how 



in the city of Springfield, on the second Monday of De 
cember, in the year of oar Lord one thousand eight bun 
dred and sixty-nine. Said convention shall consist of 
eighty-five members, who shall be chosen in the districts 
•which are now entitled by law to elect members of the 
house of representatives of the present general assembly ; 
and each representative district, as constituted by law at 
the time of the election of the members of the present 
general assembly, shall be entitled to elect as many mem- 
bers of said convention as it was entitled to elect to the 
house of representatives of the present general assembly; 
and said members of said convention shall be chosen in 
13— 



choseu. 



98 CONSTITUTION, AMENDMENT OF. 1860 

the same manner, at the places fixed for holding general 
elections, and by the electors qualified to vote for members 
of the general assembly, in the same districts that chose 
the members of the house of representatives of the present 
general assembly. 
■mbe'°° o' § 2. The election of members of said convention shall 
mem er». ^^ ^^^^ ^^ ^-^^ ^^^^ Tuesday after the first Monday in No- 
vember, in the year of our Lord one thousand eight hun- 
dred and sixty-nine ; and such election shall be conducted 
in conformity to the laws in force respecting the election 
of members of the house of representatives of the general 
assembly of this state, including any and all laws then in 
force providing for the registry of voters, and the preven- 
tion of fraudulent and illegal voting; and the clerks, or 
other ofiicers, whose duty it shall then be to give notices of 
elections for members of the house of representatives of 
the general assembly, shall give notices in the same man- 
ner of said election for members of said convention, and 
the said election shall be held at the places fixed for the 
holding of general elections, and shall be conducted by the 
same judges and clerks who conduct the general elections 
fixed by law. 
Election rettims § 3. The Several judges shall return the votes given 
at the said election, and the votes shall be canvassed in the 
same manner as shall then be provided by law for the can- 
vass and return of votes in elections for members of the 
general assembly, and certificates of election shall be given 
to persons entitled thereto by the same officers and in the 
same manner as members of the general assembly shall be 
entitled to receive the same. And in case of contested 
elections to the convention, the contesting candidates shall 
pursue the same course and be governed by the same rules 
as shall then be provided by law in contested elections for 
members of the general assembly of this state, 
ties'^etc^^^' ^^" § ^" "^^^^ members chosen to said convention shall meet 
in the hall of the house of representatives, in the capitol, 
at the city of Springfield, at the time above designated for 
the meeting of said convention ; and before entering upon 
their duties as members of said convention, shall each take 
an oath to support the constitution of the United States and 
of this state and to faithfull}'- discharge his duties as a 
member of said convention. The said members shall be 
the judges of their own privileges and elections, and shall 
be entitled to the same privileges to which members of the 
general assembly are entitled. They shall elect one of 
their number president, and may appoint one or more sec- 
retaries, and such door-keepers and messengers as their 
convenience shall require. And such members of the con- 
vention, and their secretaries and door-keepers, shall be 



•^^^9 CONSTITUTION, AMENDMENT OF. 



99 



entitled to receive, as compensation for their services, six 
dollars per day, and the same mileage now allowed by law 
to members of the general assembly ; and the messengers 
and subordinate officers shall receive such compensation as 
the conv^ention shall, by resolution, direct. The amount 
due each person shall be certified by the president of the 
convention to the auditor of public accounts, who shall is- 
sue warrants upon the treasurer of the state, and the same 
shall be paid by the treasurer in the same manner as other 
warrants are paid. It shall be the dutv of the secretary of 
state to attend said convention at the opening thereof, and 
he and all public officers shall furnish such convention with 
all such statements, papers, books and other public docu- 
ments m their possession, as the said convention shall order 
or require ; and it shall be the duty of the secretary of 
state to furnish the members with all such stationery as is 
usual for the legislature while in session, and to cause such 
printing to be done as the convention fi-om time to time 
requires. 

. M' J^^ proceedings of said convention shall be filed iProceedings, 
in the office ot the secretary of state, and the amendments ^°^^°'i°^«'^t«- 
revision or alterations to the constitution ao-reed to by the 
said convention, shall be recorded in his office. The said 
amendments, revisions or alterations shall be submitted by 
the convention to the people, for their adoption or rejection, 
at an election to be called bv said convention ; and every 
person entitled to vote, by "the constitution and laws, in 
force at the time fixed for said election, may vote on the 
question of adopting or rejecting said alterations, revisions 
or amendments; but each voter shall vote only in the elec- 
tion precinct or district in which he shall, at the time, re- 
side and be entitled to vote there, and not elsewhere. 
And said amendments, revisions or alterations shall not 
take efi-ect unless adopted by a majority of the legal voters 
voting at such election. The amendments shall be so pre- 
pared and distinguished, by numbers or otherwise, that they 
can be voted upon separately, unless the convention shall 
be ot opmion that it is impracticable. In either case, the 
convention shall prescribe the form or manner of voting, 
!n!l?;. ^^. """"A^^^ alterations, revisions or amendmentl 
and the notice to be given of the election. At the election 
mentioned in this section, the judges of election shall re- 

vlrn^ Z^'uV^^ ^°^^ ^° b^ prescribed by said con- 
vention; and all the provisions of the laws of this state, 
then m force in relation to election of officers at a genera 
e ection, shall apply to the voting upon said amendments or 
alterations so far as the same can be made applicable there- 
mo'nfTi nV '• g^^^^/PO° said alterations or amend, 
Si K \ ^ ^"'^''' r^^ canvassed, and all proceedings 
shall be had m regard to them, as nearly as practicable ia 



100 CONTRACTS. 186f 



the manner prescribed by the laws then in force in respect 
to votes given for governor: Provided., said convention 
may fix upon any other manner of canvassing the votes 
for or against said amended constitution, and shall provide 
the way or manner for its taking effect after it shall have 
been adopted by the people. 

False swearing. § 6. All wiUfiil and corrupt false swearing, in taking 
any of the oaths prescribed by this act, or by the laws of 
this state made applicable to this act. or any other mode or 
form in carrying into effect this act, shall be deemed per- 
jury, and shall be punished in the manner now prescribed 
by law for willful and corrupt perjury. 

No. of copies. § 7. The secretary of state is hereby authorized to pub- 
lish ten thousand copies of this act — live thousand to be 
distributed to the members of this general assembly, and 
five thousand shall be distributed by him equally among 
the county clerks of the several counties of this state. 
Appeoted February 25, 1869. 



In force Msrct 
27, 1869. 



CONTRACTS. 



AN ACT to amend an act therein named. 

Section 1. Beit enacted hy the People of the State of 
llhnois., represented in the General Assembly, That an 
act entitled "An act concerning the remedy upon the class 
of contracts therein referred to," approved February 28, 
1867, shall not be construed to apply to any suit pending 
at the time of its passage. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 27, 1869. 



1869 CONTIOTS. 101 

CONVICTS. 



AN ACT to allow convicts in the penitentiary a credit for good conduct in in force April 
diminution of their term of imprisonment. 16> 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assemhly^ That the 
convicts in the Illinois penitentiary at Joliet, against whom convicts to 
there shall be found no record of the infraction of the rules xkth good Ve- 
or laws of the prison or of the state, and shall demean him or of """^imprL^on^ 
herself orderly and peaceably, shall be deemed to have °ient. 
earned a credit for good conduct of the number of days 
and in tlie ratio as hereinafter set forth, and shall have the 
same deducted from his or her term of imprisonment, and 
shall be discharged accordingly ; that. is to say, for the 

First m.outh, 1 da}' — credit, 1 day. 

Second month, 2 days — credit, 3 days. 

Third month, 2 days — credit, 5 days. 

Fourth month, 2 days — credit, 7 days. 

Fifth month, 2 days — credit, 9 days. 

Sixth month, 2 days — credit, 11 days. 

Seventh month, 3 days — credit, 14 days. 

Eighth month, 3 days — credit, 11 days. 

Ninth month, 3 days — credit, 20 days. 

Tenth month, 3 days — credit, 23 days. 

Eleventh month, 3 days — credit, 26 days. 

Twelfth month, 4 days — credit, 30 days. 

First year, 30 days — credit, 30 days. 

Second year, 30-40 days — credit, 70 days. 

Third year, 70-50 days — credit, 120 days. 

Fourth year, 120-60 days — credit, 180 days. 

Fifth year, 180-70 days — credit, 250 days. 

Sixth year, 250-80 days — credit, 330 days. 

Seventh year, 330-90 days — credit, 420 days. 

Eighth year, 420-100 days — credit, 520 days. 

Ninth year, 620-110 days— credit, 63 J days. 

Tenth year, 630-120 days— credit, 750 days. 

Eleventh year, 750-130 davs— credit, 880 days. 

Twelfth year, 880-140 days— credit, 1,020 days. 

Thirteenth year, 1,020-150 days— credit, 1,170 days. 

Fourteenth year, 1,170-160 days— credit, 1,330 days. 

Fifteenth year, 1,330-170 days— credit, 1,500 days. 

Sixteenth year, 1,500-180 days— credit, 1,680 days. 

Seventeenth year, 1,680-190 days— credit, 1,870 days. 

Eighteenth year, 1,870-200 days— credit, 2,070 days. 

Nineteenth year, 2,070-210 days— credit, 2,280 days. 

3 — credit, 2,500 days. 



102 CONVICTS. 1869 

Twenty-tirst year, 2,500-230 days— credit, 2,730 days. 

Twenty-second year, 2,730-240 days — credit, 2,970 
days. 

Twenty-third vear, 2,970-250 days— credit, 8,220 days. 

Twenty-fourth'year, 3,220-260 days— credit, 3,480 days. 

Twenty-fifth year, 3,480-270 days— credit, 3,750 days. 

Twenty-sixth year, 3,750-280 days— credit, 4,030 days. 

Twenty-seventh year, 4,030-290 days— credit, 4,320 
days. 

Twenty-eighth year, 4320-300 days— credit, 4,620 
days. 

Twentv-ninth year, 4,620-310 days— credit, 4,930 days. 

Thirtieth year, 4,930-320 days— credit, 5,250 days. 

Thirty-first year, 5,250-330 days — credit, 5,580 days. 

Thirty-second year, 5,580-340 days — credit, 5,920 days. 

Thirty-third year, 5,920-350 days— credit, 6,270 days. 

Thirty-fourth year, 6,270-360 days— credit, 6,630 days. 

Thirty-fifth year, 6,630-370 days— credit, 7,000 days. 
Keport. § 2. It shall be the duty of the penitentiary commis- 

sioners, the warden and the chaplain to report annually to 
the governor the conduct of all convicts sentenced to im- 
prisonment for life, 
jjepgai § 3. The provisions of all laws in conflict with the pro- 

visions of this act are hereby repealed. 
To whomap- § 4. Nothing herein contained shall be construed to 
piicabie. lessen the credit of any convict for good conduct already 

earned, and all convicts who have heretofore been sentenced 
to the state penitentiary shall be entitled to the benefits of 
all laws now in force as well as to the provisions of this act ; 
and all convicts hereafter sentenced shall be governed by 
the provisions of this act. 

§ 5. This shall be deemed a public act, and be in force 
from its passage. 

Approved April 16, 1869. 



In force March AN ACT concerning persons committed to the penitentiary. 

31,186a. "^ I J 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That, in case 

In case of re- of the reversal of any judgment upon which any person 

versai of jud-- ^^^ \)Qq^[x committed to the penitentiar}', and the granting 

of a new trial by the supreme court, it shall be the duty of 

the warden of the penitentiary, upon receiving a certified 

copy of such judgment of the suprenjo court, to deliver the 

'• person so committed to the custody of the sheriff of the 



1869 CONVICTS. 103 

county where such new trial is to be had, and of such 
sheriff to take and re-convey such person to the jail of his 
county, and for such services the sheriff shall be allowed 
and paid like fees as in the case of coramitments to the 
penitentiary. 

§ 2. In case of the affirmance of any judgment upon Time of service, 
which a prisoner has been committed to the penitentiary, 
and upon which a supersedeas has been granted, which has 
not had the effect to release such prisoner from confinement 
in the penitentiary, the time of service under such judg- 
ment shall commence to run from the time of the commit- 
ment. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved March 31, 1869. 



AN ACT supplementary to an act entitled "An act for the government and In force April 
discipline of the Illiriois penitentiary," and amendments thereto, passed ^^> •'^^^'• 
at the present general assembly. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That when 
the governor shall pardon any convict, he may, in his dis- Pardoaedcon- 
cretion, issue a certificate restoring him or her to the right wftns™^^ ^ * 
to give testimony, as a witness, in all cases in any court in 
this state ; which certificate shall be taken as evidence of 
the fact in all courts and elsewhere. 

§ % This act shall take effect from and after its pas- 
sage. 

Approved April 19, 1869. 



AN ACT to provide for the employment of county convicts. ^^ fQ,.gg ^^.^ 

19, 1S69. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That, here- 
after, any prisoner convicted in the circuit court of any conrt may 
county in this state, or in any city court having criminal StoUbo""' 
jurisdiction, of any crime or misdemeanor, the punishment 
of which is imprisonment in the county jail, such prisoner 
or convict may be sentenced, by the court in which such 
conviction is had, to labor for the banetit of the county 



104 CORONEBiS. 1S69 

during the term of such impriBonment, in the county or 
other work-house provided for that purpose by the county 
authorities. 
Work-house. g 2. The coont J courts, or the board of supervisors in coun- 

ties adopting township organization, may erect or cause to 
be erected a work-house in their respective counties, or 
they may direct that work-house owned or constructed 
by any city shall be used in place or in lieu of any coun- 
ty work-house; and whei they shall so order or" direct, 
then such convict sliall be sentenced to such city work- 
house. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved April 19, 1869. 



CORONERS. 



In force March AN ACT to further define the duties of coroners. 

80, 1869. 

Section 1. Be it enacted hj the Feojyle of the IState of 
Illinois, represented in the General Asse?nhly, That every 

Duties. coroner shall, at the expense of the county, be supplied 

witii proper record books, wherein he shall enter the name, 
if known, of each and every person upon whose body an 
inquest shall be held, together with the names of the jurors 
comprising the jury, the names, residence and occupations 
of the witnesses who are sworn and examined, and the 
verdict of the jury, which they may render ; and in case 
the name of the person deceased is not known, it shall be 
the duty of the coroner to make out a description of said 
person, and enter the same upon the record book to be so kept 
by him, together with all such facts and circumstances at- 
tending the death which may be known, and which may 
lead to the identiiication of the person ; and shall carefully 
take an inventory of said person's personal effects and pro- 
perty of every kind and nature whatever, and state on his 
records what has been done with the same, and if any of 
the said personal property be money, where the same is 
deposited. 
Written tegti- § 2. It shall further be the duty of the coroner to cause 

™°°^- the testimony of each and every witness, who may be sworn 

and examined at any inquest, to be written out and signed 
by said witness, together with his occupation and place of 



1869 OOEPOBATI0N8. 105 

residence, which testimony shall be filed with said coroner, 
in his said ofiice, and carefully preserved, 

§ 3. This act shall take efiect from and after its pas- 
sage. 

ArPKOTED March 30, 1869, 



CORPORATIONS. 



AN ACT to authorize the formation of corporations to provide the mem- in force March 
bers thereof with homesteads, or lots of land suitable for homesteads. 2G, 18G3. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That any 
number of persons, not less than three, may associate and Number may 
form themselves into an incorporated company for the pur- incorporate, 
pose of accumulating a fund for the purchase of real estate 
in large tracts, paying of incumbrances thereon, the im- 
provement thereof, and the subdivision thereof into lots 
and parcels suitable for homesteads, and the distribution of 
such lots or parcels among the shareholders, or to aid its 
shareholders in acquiring real estate, making improve- 
ments thereon and removing incumbrances therefrom. 

§ 2. Such persons shall severally subscribe articles of Ai'ticiesofas- 
association, in which shall be set forth the name and objects sociation. 
of the association or corporation, the time, not to exceed ten 
years, for which the same is limited to exist, the amount 
of capital stock, and the number of shares into which it is 
proposed to be divided, the number of directors and other 
officers, their terms of office and duties, and such other ^ 

regulations as may be necessary to enable the corporation 
to carry on its business and accomplish its objects, and how 
amendments thereto may be made. 

§ 3. A certificate, in writing, duly signed and acknow- certificate, 
ledged by three or more of the persons proposing to form 
such corporation, before some officer competent to take 
acknowledgment of deeds — in which shall be set forth the 
corporate name of the association, its objects, the amount 
of the capital stock and of the fund tc> be raised, the num- 
ber of shares, the time of its existence, not to exceed ten 
years, the number of trustees or directors who shall man- 
age the concerns of the association for the first year of its 
existence, and their names and the name of the city, tovrn 
or county in which the office or principal place of biiginess 

—14 



aud payments. 



lOo COKPOKATIONS. 1869 

is to be located — shall be filed in the office of the coim- 
ty clerk of the county in which the office or principal 
place of business is intended to be located, and a copy 
thereof, dnly certified under the hand and seal of such 
county clerk, in the office of the secretary of state of the 
state of "''llinois ; and thereupon the persons who have sub- 
scribed the said certificate, and such other persons as shall 
become members of such association, and their successors, 
shall be a body corporate by the name specified in said cer- 
tificate, and shall possess the powers and privileges, and be 
subject to the provisions of an act concerning corporations, 
passed February tenth, eighteen hundred and forty-nine, 
and the various acts amendatory of and supplemental there- 
to, so far as the provisions therein contained are consistent 
with this act and no further; and they shall, by their cor- 
porate name, be capable, in law, of purchasing, holding and 
conveying any personal property or estate whatever, which 
may be necessary to enable said associates to carry on the 
operations named in said certificate. 
Subscription § 4, Ji g]|o]| ]jq, lawful for the trustees to call in and de- 
mand troni the shareholders, respectively, all such sums ot 
money by them subscribed, at such times and in such pay- 
ments or installments as the articles of association shall 
prescribe, under the penalty of forfeiture of the shares of stock 
subscribed for, and all deposits, assessments and previous 
payments made thereon towards the principal funds of the 
association, and the property acquired therewith and owned 
by the association, if payment shall not be made by the 
stockholders within ten days after a personal demand and 
notice requiring such payment shall have been published, 
at least thirty days, in a newspaper of general circulation 
in the city, town or county where the office or principal 
place of business of such corporation is located, or in the 
nev/spaper published nearest to the place where the busi- 
ness of the company shall be carried on as aforesaid ; but 
articles of incorporation may prescribe other penalties than 
such forfeiture upon such failure to meet the payments of 
such deposits, assessments and installments ; in which case, 
such provisions shall govern and may be legally enforced. 
No holder of shares shall claim to be legally exempt from 
making monthly or other payments provided for in the 
articles of association, or installments upon said shares, 
upon the ground that amounts have been paid by said 
shareholder as fines for the non-payment of dues, or other 
violation of the articles of association, or of any premium 
for loans to members, or advance price of property bid by 
such member. 
Borrow and § 5. All corporatlous formed under this act shall have 
"' '""""" power to borrow money for temporary purposes, not incon- 
sistent with, tho objects of their organizatjop, and to loan 



lend money. 



1869 COftPOEATlONS. 10 Y 

to tlieir own members or other persons any moneys belong- 
ing to such corporation, and not needed for immediate use ; 
but no loan for sucli purposes shall have a longer duration 
than two years, nor shall such indebtedness exceed, at any 
on6 time, one-fourth of the aggregate amount of the shares 
and parts of shares and the income thereof actually paid in 
and received. Such corporation, however, for the purpose 
of completing the purchase of land to be subdivided and 
distributed among the shareholders, may borrow, upon the 
security of their shares or the land so purchased, or the 
land owned or held by them at the time of making such 
loan or loans, any sum or sums of money, which, together 
with the interest to become due thereon, shall not exceed 
ninety per cent, of the amount subscribed by the share- 
holders and still remaining to be paid upon the shares ; 
but no loan shall be taken for a longer period than the 
time limited in the articles of association for the existence 
of the corporation, nor shall the interest to be paid upon 
such loans ever be compounded, or exceed, in the aggre- 
gate, ten per cent, per annum. 

§ 6. Parents may take and hold shares in such associa- mi^or'cMidren 
tions in behalf and for the use of minor children : Prom- ^^^^^ manicd 
ded^ the cost of such shares and the amount of deposits and 
assessments thereon to be paid from the personal earnings 
of such minor children, or the earnings or money of such 
parent for this purpose voluntarily bestowed. Married 
women may take and hold shares in such associations : 
Provided^ the cost of such shares and the ainount of deposits 
and assessments shall be paid from their personal earnings, 
the personal earnings or money of their children voluntarily 
bestowed for this purpose, or from property bequeathed or 
given to them, or given to them by persons other than their 
husbands. 

§ 7. Every such corporation shall terminate, except for Termination. 
the purpose of settling its aflPairs, at the expiration of the 
time stated in the articles of association for its existence, or 
whenever it is dissolved in the manner provided in the 
articles of association ; but no dividend of the funds belong- 
ing to the corporation, or the proceeds of property owned 
by the corporation, shall be paid to the shareholders upon 
such dissolution until all the debts of the association shall 
have been paid or otherwise suiliciently provided for. 

§ 8. No officer, trustee, attorney, a^ent or servant of Restriction np- 
any association incorporated under the provisions of this act 
sliall use or dispose of any part of the funds of said asso- 
ciation, or assign, transfer, cancel or deliver up, or acknow- 
ledge satisfaction of any bond, mortgage or other written 
instrument belonging to such association, unless duly 
authorized, or be guilty of any fraud in the performance of 
his duties ; and every person guilty of a violation of this 



lOS 



COKPOEATIONS. 



1869 



Annual state- 
ment. 



section shall be liable, civilly, to the part}' injured or to 
the extent of the damages thereby received, and shall also 
be liable to an indictment for a misdemeanor, punishable 
by line or imprisonment, or both, to the extent that misde- 
meanors are by law punishable, in the discretion of the 
court by which he may be tried. 

§ 9. Each association formed under the provisions of 
this act shall, at the close of its first year's operations, and 
annually at the same period in each year thereafter, pub- 
lish, in at least one newspaper of -general circulation pub- 
lished in the city, town or county where the principal office 
or place of business of such corporation is located, or, if no 
newspaper shall be published in said county, then in any 
newspaper of general circulation published nearest such 
office or principal place of business, a concise statement, 
verified by the oath of its president and secretary, showing 
the actual financial condition of the association and the 
amount of its property and liabilities, specifying the same 
particularly. 

§ 10. All shareholders of any association formed nnder 
the provisions of this act shall be individually liable to the 
creditors of such association to an amount equal to the 
amount of stock held by them respectively, for all debts 
contracted by such association. The directors or other offi- 
cers of every association formed under the provisions of 
this act, shall be personally liable for any fraudulent use, 
disposition or investment of any money or other property 
belonging to such association, or for any loss which shall be 
incurred by any investment made by such directors or 



Liability. 



Trustee 
liable. 



other officers, other than such as are mentioned in and au- 
thorized by the articles of association; but no director or 
other officer of any such association shall be liable as afore- 
said, except he authorized, sanctioned, or approved, or made 
such fraudulent use, disposition or investment as afore- 
said. 

§ 11. 'No person holding any stock in such corporation 
as executor, administrator, guardian or trustee, and no per- 
son holding such stock as collateral security, shall be per- 
sonally subject to any liability as stockholder of such cor- 
poration, but the person pledging such stock shall be con- 
sidered as holding the same, and shall be liable as stock- 
holder accordingly ; and the estate or funds in the hands 
of such executor, administrator, guardian or trustee, shall 
be liable in like manner and to the same extent as the tes- 
tator, or intestate, or the ward or person interested in such 
trust fund would have been if he or she had been living or 
competent to act and hold the same stock in his or her own 
name. 
Representation. § 12, Every such cxecutor, administrator, guardian, or 
trustee, shall have the right of having the share or shares 



1869 COEPOKATIONS. 109 

of stock in his hands represented at all meetings of the 
company, subject to the provisions of the articles of asso- 
ciation ; and every person who shall pledge his stock as 
aforesaid may, nevertheless, represent the same at all such 
meetings, and may vote accordingly as a stockholder. 

§ 13. In case it shall happen at any time that an elec Election. 
tion of officers shall not be made on the day designated by 
the by-laws or articles of association of such corporation, 
at the time for holding such election, the corporation shall 
not for that reason be dissolved, but it shall be lawful on 
any other day thereafter to hold an election for trustees, 
or other officers, in such manner as may be provided for 
by said by-laws or articles of association ; and all acts of 
trustees or other officers shall be valid and binding as 
against such company until their successors are elected and 
qualified. 

§ 14. Any corporation which may be formed under the capital stock, 
provisions of this act, may increase or diminish its capital 
stock, by complying with the provisions of this act, to any 
amount which may be deemed sufficient and proper for the 
purposes of the corporation ; but before any corporation 
shall be entitled to diminish the amount of its capital stock, 
if the amount of its debts and liabilities shall exceed the 
amount of capital to which it is proposed to be reduced, 
such amount of debts and liabilities shall be satisfied and 
reduced, so as not to exceed such diminished amount of 
capital. 

§ 15. Whenever any such corporation shall desire to Meetir^. 
call a meeting of the stockholders, for the purpose of in- 
creasing or diminishing the amount of its capital stock, it 
shall be the duty of the trustees to publish a notice, signed 
by at least a majority of them, in a newspaper of general 
circulation published in the city, town or county where the 
principal office or place of business of such corporation is 
located, if any such be published therein, at least ten days, 
and to deposit a written or printed copy thereof in the 
post office, addressed to each shareholder at his usual place 
of residence, at least ten days previous to the day fixed 
upon for holding such meeting, specifying the object of the 
meeting, the time and place wdien and where such meeting 
shall be held, and the amount to which it shall be proposed 
to increase or diminish the capital ; and a vote of at least 
two-thirds of all the shares of stock issued shall be neces- 
sary to an increase or diminution of the amount of its capi- 
tal stock. 

§ 16. If, at any time and place provided for in the pre- Proceedings 
ceding section of this act, stockholders shall appear in per- at meeting. 
son or by proxy, in numbers representing not; less than 
two-thirds of all the stock issued by the corporation, the 
meeting shall organize and proceed to a vote of those pre- 



no COIJPOfiATIONS. 1S69 

sent in person, or by proxy ; and if!, on canvassing tlie votes, 
it shall appear that a sufficient number of votes has been 
given in favor of increasing or diminishing the amount of 
capital, a cortiticatu of the proceedings, showing a compli- 
ance with the provisions of this act, the amount of capital 
actual!}' paid in, the whole amount of debts and liabilities 
of the corporation, and the amount to which the capital 
stock shall be increased or diminished, shall be made out, 
feigned and verified by the affidavit of the chairman, and at- 
tested by the secretary of the meeting ; and such certificate 
shall be acknowledged by the chairman, and filed as requir- 
ed by third section of this act ; and when so filed the capi- 
tal stock of such corporation shall be increased or diminish- 
ed to the amount specified in such certificate. 

§ 17. The copy of any certificate of incorporation filed 
in pursuance of this act, certified by the county clerk, or 
his deputy, to be a true copy of such certificate, and the 
whole thereof, shall be received in all courts and places as 
presumptive evidence of the facts therein stated. 

Lonns. I 18. No loau made by any such association to any one 

of its members may exceed in amount the par value of the 
capital stock for which such member may have subscribed, 
together with the other payments remaining to be made 
upon such share or shares, as provided in the articles of 
association. 

Dy-iaws. § 19. The trustcGS of such Corporations shall have powcF 

to make such prudential by-laws and regulations as they shall 
deem proper for the management and disposition of the 
stock and business afi'airs of such corporation, not incon- 
sistent with the laws of this state or the articles of associa- 
tion, and prescribing the duties of officers and servants 
that may be employed ; for the appointmxent of officers and 
agents ; for the security of the funds of the corporation ; 
and for carrying on all kinds of business within the scope 
of the objects and purposes of such corporation. 
Arnenament, § 20. The legislature may at any time alter, amend or 
repeal tliis act, and such amendment or repeal shall not, 
nor shall the dissolution of any company, take away or 
impair any remedy given against such corporation, its 
stockholders or officers, for any liability which shall have 
been previously incurred. 

Shares exempt. § 21. The sharcs held b}'- the members of all associa- 
tions incorporated under the provisions of this act, together 
with any amounts of deposits or assessments, shall he ex- 
empt from attachment or sale on execution for debt, to an 
extent not exceeding one thousand dollars in such shares, 
deposits or assessments, at their par value : Provided^ the 
persoii holding such shares is not the owner of a homo- 
stead imder the homestead laws of this state. 



alteration, 
peal. 



1869 COltPOKATIONS. Ill 

§ 22. Any existing association formed for the purpose ciSfons^^ ^^^°' 
mentioned in the tirst section of this act, may, by a vote of 
a majority of the voting shares, at any regular meeting, or 
meeting specially called, as provided in the articles of as- 
sociation, after the passage of this act, become entitled to 
the benefits of this act on complying with the second and third 
sections thereof, unless the second section of this act shall 
have been heretotbre complied with, in which case it shall 
be necessary to comply with the provisions of the said third 
section only. 

§ 23. AH acts and parts of acts conflicting with the Repeal, 
provisions of this act are hereby repealed. 

§ 24. This act shall take effect and be in force from and 
after its passage. 

Approved March 26, 1869. 



A.N ACT to amend the several acts relating to municipal corporations pass- in force April 
ed by this, the twenty-sixth general assembly. 15, 1869. 

Section 1. Be it enacted hy the Peoyle of the State of 
Illinois, represented in the General Assembly, That the 
several acts passed by this, the twenty-sixth general assem- Mtmidpai of- 
bly, incorporating or amending the acts of incorporation of ^^^''®* 
cities, towns and villages in the state of Illinois, which pro- 
vide for the election of municipal officers, including the town 
or city justices of the peace or police magistrates on the days 
therein specified, be and the same are hereby so amended 
that the time for the election of officers be and the same is 
hereby extended to the first Tuesday in June next, and Time extended, 
thereafter the elections shall be held at the times in said 
acts provided : Provided, however, that this act shall only 
apply to such cities, towns and villages where the elections Application of 
are to take place on a day where the registry of votes has ^^*- 
not been made as provided by law, or where the notice of 
such elections required in said acts can not be given for the 
want of time. 

§ 2. This shall be deemed a public act, and be in force 
from and after its passage. 

Approved April 15,1869. 



112 



CRIMINAL CODE. 



1869 



In force April 
19, If '- 



AN ACT to legalize the acts of municipal and other corporations, during 
the recess of the 26th general assembly of the state of Illinois. 

Section 1 . Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
elections, subscriptions and votes of any township, or other 
municipal corporation, or any railroad or other corporation, 
held or made during: the recess of the 26th general assem- 
bly of the state of Illinois, by authority of any law or any 
act passed by said general assembly, be and they are here- 
by legalized and declared to be valid. 

§ 2. This act shall be in force from and after its 
passage. 

Ai'PEOVED April 19, 1869. 



CRIMINAL CODE. 



lu force March AN ACT in relation to the criminal code of this state, and amendments 
31, 18e9. thereof. 



Larceny . 



Burglary. 



Prize fighting 



Seotion 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That every 
person who shall feloniously steal or attempt to steal from 
the person of another, his or her property, shall be deemed 
guilty of a' felony and on conviction thereof shall be pun- 
ished by confinement in the county jail or penitentiary for 
a period^of not more than five years. 

§ 2. That section sixty (60) of the criminal code of this 
state, concerning the crime of burglary, be and the same is 
hereby amended so as to include every building not men- 
tioned in said section sixty. 

§ 3. Every person who shall fight in this state, or agree 
in this state to tight in or out of this state, or shall train in 
this state to tight, or shall go or shall attempt to go out of 
this state to tight in any otlier state, place or territory, or 
shall, in any way or manner, aid, abet or assist any other 
person to light or attempt to tight, either in or out of this 
state, what is commonly called a prize fight, every such 
person shall be deemed guilty of a high misdemeanor, and, 
on conviction thereof, shall be punished by confinement in 
the county jail for any period of not less than six months 
nor more than one year, and be fined not less than five 
hundred dollars nor more than one thousand dollars. 



1869 CRIMINAL CODE. 113 

§ 4. In trials for murder, it shall be a cause for chal- tion^of juSr^'^^" 
lenge of any juror who shall, on being examined, state that 
he has conscientious scruples ao^ainet capital punishment, or 
that he is opposed to the same. 

§ 5. Every person who shall feloniously steal any pro- , Bringing sto- 

" . "^ ^ 1 . , , ••, n ,1 • . 1 ^^^ property in- 

perty m any state, place or territory outside oi this state, to tms state. 
and shall bring into or be found with such property in this 
state, may be tried and punished in this state, in the same 
manner as if such property was originally stolen in this 
state. 

§ 6. Every person who shall feloniously steal, take and ^stealing lead 
carry away any lead pipe, faucet or faucet and stop-cock 
from any dwelling-house or other building, whether the 
same be attached to such house or building or not, or 
whether the same be laid in the ground separate from such 
house or building, shall be deemed guilty of larceny and 
punished accordingly. 

§ T. Every person who shall unlawfully take, lead, ride s^teaiing horses, 
or drive away any horse or horses, mule or mules, ass or 
asses, from the place where the same may be left by the 
owner or lawful possessor thereof, shall be deemed guilty 
of a high misdemeanor, and, upon conviction thereof, may 
be punished by confinement in the county jail for a period 
not more than one year, or be fined not mora than one 
hundred dollars, in the discretion of the court before which 
the conviction is had. 

§ 8. Every person who shall be engaged in making or PoiEonons can- 
manufacturing any candy or candies, or who shall mix with 
the same any destructive or poisonous liquid or substance, 
or shall sell such candy or candies, knowing the same to be 
80 mixed, every such person or persons shall be deemed 
guilty of a misdemeanor, and, on conviction thereof, may 
be punished by confinement in the county jail for a period 
of not more than one year, or be fined not more than one 
thousand dollars, in the discretion of the court before which 
the conviction is had. 

§ 9. Whever any person who is accused of a crime or Ban forfeited, 
misdemeanor shall give bail for his or her appearance at thereon!"^* 
any terra of court, or from day to day, in any term of court, 
and such person does not appear in accordance with the 
terms of the recognizance there, the court shall declare such 
recognizance forfeited, and the clerk of the court shall there- 
upon issue a scire facias against such person and • his or 
her securities, returnable on the first day of the next term 
of the court, to show cause why judgment should not be 
rendered against such person and his or her securities for 
the amount of the recognizance, which scire facias shall be 
served by the sherift' of the county where the court is held 
upon such person and his or her securities, by reading the 
same to the defendants named in such scire jfacias, at least 

—15 



114 CRtPELTY TO ANIMALS. 1869 

five dajB before the first day of the term to which the same 
is returnable; and in case the person aforesaid can not be 
found by the sheriff, he shall make return of that fact to 
the court, and the court shall thereupon enter judgment by 
default against the defendants for the amount of the re- 
cognizance, unless the defendants shall appear and defend 
such cause ; and if the defendants shall appear and inter- 
pose a defense, then the cause shall be tried in the same 
manner as other causes of a like nature, after any such 
recognizance shall be declared forfeited as aforesaid ; and, 
before judgment thereon, the court may, in its discretion, 
set aside such forfeiture, upon the accused being brought 
or coming into open court, and showing to the court, by 
afiidavit, that he or she was unable to appear in court ac- 
cording to the terms ot the recognizance, by reason of sick- 
ness or some other cause which shall satist'y the court that 
the accused had not been guilty of any laches or negli- 
gence : Provided^ that no such forfeiture of a recognizance 
shall be set aside until the accused shall pay the costs of 
such recognizance. 

Approved March 31, 1869. 



CRUELTY TO ANIMALS. 



In force March AN ACT to incorporate the Illinois Society for the Prevention of Cruelty 
25, 1869. to Animals. 

Section 1. Be it enacted ly the Peoijle of the State of 
Illinois^ rejyresented in the General Assembly^ That George 
Powers and C Walker, Thomas B. Bryan, Julian S. Ramsey, Belden 
privileges. j. Culver, Ranch S. N. 'Wilcox and T. D. Brown, their 
associates and successors, are hereby made a corporation 
by the name of " The Illinois Society for the Prevention of 
Cruelty to Animals," with all the powers and privileges, 
and subject to all the duties, liabilities and restrictions set 
forth in ail general laws which now are or hereafter may 
be in force relating to such corporations, with authority to 
hold such real and personal estate, for the purposes of the 
coi'poration, not exceeding in amount one hundred thousand 
dollars. 

§ 2. This act shall take efiect upon its passage. 

Approved March 25, 1869. 



1869 CETJELTT TO ANIMALS. 116 



AN ACT for the prevention of cruelty to animals. In force March 

31, ise9. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That who- 
ever shall overdrive, overload, overwork, torture, torment. Penalty for 
deprive of necessary sustenance, cruelly beat, mutilate or beatSg^^mak 
kill, or cause or procure to be so overdriven, overloaded, 
overworked, tortured, tormented, deprived of necessary 
sustenance, cruelly beaten, mutilated or killed, any horse, 
ox or other animal, and whoever, having the charge or 
custody of any such animal, either as owner or otherwise, 
shall unnecessarily fail to provide such animal with proper 
food, drink and shelter or protection from the weather, 
shall, for each and every ofiense, be punished by a line not 
less than fifty dollars and not exceeding one hundred dol- 
lars, to be recovered on complaint before any justice of the 
peace, or by indictment in the county where such offense 
shall be committed. 

§ 2. Every owner of, or person having the charge or For permitting 

<',,,,■', ' ^, • 1 1 1 11 1 cruelty to ani- 

custody ot any horse, ox, or other animal, who shall know- mais. 
ingly and willfully authorize or permit the same to be 
subjected to or suffer any unnecessary torture or cruelty, 
shall be punished for every such offense in the manner pro- 
vided in section one. 



3. Every owner, driver or possessor, or person hav- 



Cruelty to old 
ordisaljled ant- 



ing charge or custody of an old, maimed, or disabled or die- mais. 
eased horse, mule or other animal, who shall cruelly work 
the same when unfit for work, or cruelly abandon the same, 
shall be punished, for every such offense, in the same man- 
ner provided in section one. 

§ 4. Any person who shall carry or cause to be carried, mais'^n^a crS^i 
in or upon any vehicle or otherwise, any animal in an manner, 
unnecessarily cruel or inhuman manner, shall be punished 
in the same manner provided in section one. 

§ 5. No railroad company in this state, in the carrying m Jy™| c^o'nSfel 
and transportation of cattle, sheep, swine or other animals, in cars, 
shall confine the same in cars for a longer period than 
twenty-eight consecutive hours, unless delayed by storm or 
other accidental causes, without unloading for rest, water 
and feeding, for a period of at least live consecutive 
hours. In estimating such confinement, the time the ani- 
mals have been confined, without such rest, on connecting 
roads from which they are received, stall be computed — it 
being the intention of this act to prevent their continuous 
confinement beyond twenty-eight hours, except upon con- 
tingencies hereinbefore stated. 

§ 6. If the owner or person in charge of said animals owner's neglect 
refuses or neglects to pay for the care and feed of animals so 
rested, the railroad company m^y charge such expense to 



Violating fifth 
and sixth sec- 
tions. 



cute. 



116 CEUELTY TO ANIMALS. 1869 

the owner or consignee, and retain a lien upon the animals 
until the same is paid, and no claim of damap^es for deten- 
tion shall be recovered by the owner or shipper of any 
animals for the time- they are detained under the provisions 
of this act. 

§ 7. Any railroad company, owner, consignee or person 
in charge of said cattle, sheep, swine or other animals, who 
shall violate any provision of the hfth or sixth sections of 
this act shall, for each and every such violation, be liable 
for and forfeit and pay a penalty of one hundred dollars, to 
be recovered in the name of the people of the state of 
Illinois, before any justice of the peace of the proper 
county. 
Who to prose- § 8. It shull be the duty of all sheriffs, deputy sheriffs, 
police commissioners, and police officers and constables to 
prosecute all violations of this act which shall come to their 
notice or knowledge; and it shall be the duty of all sher- 
iffs and police commi.'sioners to discharge all their subordi- 
nate officers who fail to perform their duty as prescribed in 
this act, and any officer neglecting or failing to perform the 
duties required under this act shall be liable to a line not 
exceeding one hundred dollars, to be recovered before any 
justice of the peace of the proper county, 
impormded § 9. Any pcrsou who shall impound or cause to be im- 
pounded in any pound, any creature, stiall supply the same, 
during such confinement, a sufficient quantity of good and 
wholesome food and water, and in default thereof shall, 
upon conviction, be punished, for every such offense, in the 
same manner provided in section one. 

Food and water § 10. In casc any crcature shall be, at any time, im- 
pounded as aforesaid, and shall continue to be without 
necessary food and waterjbr ^more than twelve successive 
hours, it shall be lawful for any person,^,from time to time, 
and as often as it shall be necessary, to enter into and upon 
any pound in which such creature^shall be so confined and 
supply it with necessary food and water, so long as it shall 
remain so confined. Such person shall not be liable to any 
action for such entry, and the reasonable cost of such food 
and water may be collected by him of the owner of such 
creature, and the said creature shall not be exempt from 
levy and sale, upon execution issued upon a judgment 
therefor. 

Sick animals. § H- If any maijned, sick, infirm or disabled animal 
shall'be abandoned to die by any owner or person having 
charge of the same, 'such person shall, for every such of- 
fense, be punished in the same manner provided in section 
one. 
Fightinc: ax\]' § 12- Any person who shall keep or use, or in any way 

™''*''^- be connected with or interested in the management of, or 

ghall receive naoney for the admission of any person to any 



animals. 



1869 CITIZENSHIP. 117 

place kept or used for the purpose of fighting or baiting 
any bull, bear, dog, cock or other creature, and every per- 
son who shall encourage, aid or assist therein, or who shall 
permit or suffer any place to be so kept or used, and every 
person who shall visit such place so kept or used, or who 
shall be found therein, shall, upon conviction thereof, be pun- 
ished, for every such offense, in the same manner provided see. 5 not to 

' , "^ ' ■■■ apply in certain 

in section one. cases. 

§ 13. The provisions of section five (5) of this act, re- 
quiring animals to be unloaded, shall not apply when they 
are properly fed and watered on the cars in which they are 
transported. 

§ li. This act shall take effect on and after its passage. 

Approved March 31, 1869. 



CITIZENSHIP. 



iHT ./-im . . ^ • X •.• 1 . In '0^3 March 

AN ACT to restore certain persons to citizenship. 13^ i869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly ^ That George 
Washington Lucas and Edward Baines, who were convicted 
of the crime of larceny in and by the circuit court in and 
for the county of Wabash, in the state of Illinois, be and 
they are hereby restored to all the rights and privileges of 
a citizen of the state of Illinois, as fully and amply as if no 
such conviction had ever taken place. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Appkoved March 13, 1869. 



AN ACT to restore Thomas Davis to citizenship. In force March 

30, iStJO. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General AsseonUy, That Thomas 
Davis, of the county of Logan, in the state of Illinois, who 
was convicted of the crime of larceny, be and is hereby re- 
stored to all the rights and privileges of a citizen of the state 
of Illinois, as fully and amply as if no such conviction had 
ever taken place. 



118 CITIZENSHIP. 1869 

§ 2. This act shall be a public act, and shall take effect 
and be in force from and after its passage. 
Appkoved March 30, 1869. 



In force March -A-N ACT for the relief of William D. Lewis. 

2, 1869. 

Section 1. Be it enacted ly the People of the State of 
Illinois^ represented in the General Assembly^ That "Wil- 
liam D. Lewis, of the county of Fulton, be and he is hereby 
reinstated and fully restored to all his original rights, privi- 
leges, immunities and franchises, notwithstanding any con- 
viction or proceeding in any court or place of judicature 
against or concerning him, 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 2, 1869. 



lu force March AN ACT for the relief of Jack (John L.) Foren. 

10, 1869. 

Whereas, at the July term, 1867, of the Macon county, 
Illinois, circuit court, Jack (John L.) Foren was convicted 
of the crime of larceny, (which has deprived him uf the 
right of citizenship), and was pardoned by the governor, 
therefore. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly , That the 
said Jack (John L.) Foren be and he is hereby restored to 
all the rights of citizenship, as fully as if said conviction 
had never taken place. 

§ 2. This act shall take effect and be in force from 
and after the date of its passage. 

Approved March 10, 1869. 



In force March ^N ACT restoring to citizenship J. R. Steele, of Chicago, Cook county, 
27, 1869. Illinois. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assernbly, That, where- 
as, J. K. Steele, of the city of Chicago, county of Cook, 



1869 CITIZENSHIP — CITY COURTS. 119 

state of Illinois, was, at tlie October term, 1SC6, of the re- 
corder's court of said city, tried and convicted of the crime 
of forgery, and sentenced to thirteen years imprisonment, 
and on the 20th day of January, 1869, was pardoned by 
his excellency, John M. Palmer, governor of the state of 
Illinois ; that he, the said J. K. Steele, be and hereby is 
restored to all rights which, as a citizen of the state or Uni- 
ted States, he may have forfeited by reason of such convic- 
tion and sentence. 

§ 2. This act shall be deemed a public act, and take 
effect from and immediately after its passage. 



AN ACT to amend [an] act entitled "An act for the government and discip- In force April 
line of the Illinois state penitentiary. ^^' ^^^^- - 

Section 1. Be it enacted hy the People of the State of . 
Illinois, represented in the General Assembly, That any 
convict receiving pardon shall be entitled to a certificate of 
restoration to all his rights of citizenship as if he or she 
had served out his fall time as provided in said act. 

^ 2. This act shall be in force from and after its 



Appeoved April 16, 1869. 



CITY COURTS. 



AN ACT to change the time for holding the Alton city court. in force Febru- 

ary 10,1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
time for holding the Alton city court be changed from the 
second Monday in April to the first Monday in March, and 
from the second Monday in September to the first Monday 
in September of each and every year, and that all writs, 
bonds or recognizances returnable to and for appaarance 
at the April term of said court, A. D. 1869, be and the 



120 



CITY C0UET8. 



1869 



same are hereby made returnable and answerable to the 
March term of said court, 1869. 

§ 2. This act to be in force from and after its passage. 

Approved February 10, 1869. 



court of Amboy 



Jndge, 
tion, etc 



Election notice. 



In force March AN ACT to establish a court of common pleas in the city of Amboy. 
11, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemhly, That there 
Common pleas shall be established in the city of Amboy an inferior court, 
TT, r^^ of ci^il and criminal jurisdiction, which shall be a court of 
record, by the name of '" The Court of Common Pleas of 
the City of Amboy," and shall have concurrent jurisdic- 
tion in the city of Amboy with the circuit court of Lee 
county in all cases, civil and criminal, except murder and 
treason. 

§ 2. The judge of said court shall be elected by the 
qualified voters of said city, and shall be commissioned by 
the governor, and shall hold his office for the term of four 
years and until his successor is elected and qualified, and 
shall possess the same powers as are vested in the judges 
of the circuit court, except as limited by this act. 

§ 3. The judge of said court shall be elected on the 
second Monday in April, A. D. 1869, and every four years 
thereafter. It shall be the duty of the city clerk of said 
city of Amboy to give notice of said election in the same 
manner as is required of the election of mayor of said 
city, 
of § 4. The judge of said court shall be elected by the 
qualified voters of said city of Amboy in the same manner 
as the mayor of said city is elected. And the city clerk of 
the city of Amboy, under the seal of the city, shall certify 
to the governor the number of votes received by each per- 
son for said ofiice; and the person receiving the highest 
number of votes, as shown by the certificate of said clerk, 
shall be commissioned by the governor as judge of said 
court : Provided, the validity of any such election or the 
right of any person declared duly elected may be contested 
in the manner prescribed by the statute in other cases. 

§ 5. The judge shall be called the judge of the court 

of of common pleas of the city ,of Amboy, and shall receive 

the same salary from the state treasury as is now or may 

hereafter be paid the respective judges of the circuit courts, 

to be paid in the same manner. 



Manner 
election . 



Salary 



1869 CITY COURTS. 121 

§ 6. Said court shall be holden at such places in said Holding court, 
city of Amboy as shall be provided by the city council. 
Any qualified elector of the city of Amboy, or township of 
Amboy, shall be eligible for the office of judge or clerk of 
said court of said city, and shall have a seal, to be provided 
by said city. 

§ 7. There shall be a clerk of said court, who shall be cierii, terms 
elected in the same manner as herein provided for the elec- ^^^' 
tion of the judge of said court, and shall hold the office for 
the term of four years, and shall be commissioned in the 
same manner and upon the same terms as now provided 
for the commissioning of clerks of the circuit court; and, 
before entering upon the duties of his office, he shall take 
the same oath that is required to be taken by clerks of the 
circuit court, and shall also enter into bond in the like 
sum required of them; and he shall have the same power 
and authority and perform like duties, be subject to the 
same liabilities and be entitled to the same fees, as are or 
may be provided by law in relation to clerks of the circuit 
court of Lee county, aod shall be removable from office in 
like manner as clerks of the circuit court; ha shall also 
have power to issue marriage licenses, and all the marriage 
licenses issued by him shall have the same force and effect 
as though issued by the clerk of the county court of Lee 
county ; and aU laws applicable to the clerk of the county 
court, in regard to marriage licenses, shall apply to the 
clerk of the court of common pleas of the city of Am- 
boy. 

§ 8. The process of said court shall be tested in the Process. 
name of the clerk thereof, and shall be issued and executed 
in the same manner as process from the circuit court of Lee 
county ; and process out of said court may issue against a 
defendant or defendants to the sheriff of the county where 
said defendant or defendants may reside, through the state. 
In cases where the plaintiff or plaintiffs, or any one of them, 
reside in the city of Amboy, or where the debt, contract or 
cause of action accrued in the city of Amboy, or where the 
contract may have been sp ecifically made payable in the 
city of Amboy, and in all cases where there are more than 
one defendant, and one defendant resides or may be found 
in the city of Amboy, or when the suit is to affect real 
estate, a major part or all of which is situate in the city of 
Amboy, the plaintiff' commencing his action in said court, 
may have a writ or writs issued, directed to the sheriff of 
any county or counties where the other defendant or de- 
fendants, or any or either of them, may be found ; and all 
criminal process shall run through the state as criminal 
process issued out of the circuit court, and all civil process 

„16 



City courts. 



18G0 



issued out of said court shall have the same force and effect 
as similar process issued out of the circuit court. 

§ 9. All orders, judgments and decrees of said court 
shall be a lien upon real estate in the county of Lee from 
the rendition thereof, and shall be enforced and collected 
in the same manner as orders, judgments and decrees ren- 
dered in the circuit courts, and' appeals and writs of error 
from the orders, judgments and decrees of said court may- 
be taken to the supreme court, and shall be had in the 
same cases and taken and conducted in the same manner 
as is provided by the laws of this state for the taking of 
appeals and writs of error from the circuit court : Provided, 
that the judge of said court shall have fall power to 
establish all such rules of practice at law and in equity aa 
he may think necessary to expedite the business of said 
court ; which rules of practice shall be binding and obliga- 
tory upon the parties to suits in said court from the time 
they shall be entered of record. 

§ 10. That in all cases, in said court, of judgment by 
default in actions ex contractu, the court may, without the 
intervention of a jury, assess the damages ; and in all 
cases execution may issue forthwith upon the rendition of 
judgment : Provided, the plaintiff in execution shall first 
Hie an affidavit of himself, or some credible person, that 
the benefit of his judgment will be in danger of being lost 
unless execution issue forthwith. And all executions is- 
sued out of said court shall have the same lien, within the 
county of Lee, upon personal property of the defendant 
or defendants, from the time they shall bo delivered to the 
marshal, as though issued out of the circuit court. 

§ 11, That judgments by confession may be entered in 
said court at any time in vacation, before the clerk, by 
filing the proper papers with the clerk ; and such judgments 
shall have the same force and effect from the time of entry 
as if entered in term time. 

§ 12. The said court shall always be open for the dis- 
posal of matters in chancery, whether interlocutory or final, 
and shall possess all the power in vacation which it could 
exercise in term time, subject to such rules and regulations 
with respect to the practice as said court may from time to 
time adopt : Aiid, provided, further, that no final decree 
shall be entered up unless when specially authorized by 
statute, except at a vacation or regular term of said court. 

§ 13. The judge of said court shall hold two terms of 
said court, commencing on the first Monday of March and 
the fourth (4th) Monday of September, in each year, and 
shall continue each term until all of the business before 
the same is disposed of. The said judge shall have the 
power to appoint special terms of said court at such times 
as ho may think proper, upon giving twenty days' notice 



18C9 OITT OOUKTS. 123 

thereof in some newspaper published in said city ; and all 
orderSj judgments, decrees and proceedings made or had 
at any such special terms shall be as valid and effectual as 
if made or had at a regular term of said court ; and he 
shall have the power, upon entering the proper order of 
record in said court, during any term thereof, to fix any 
number of days or times at which he will hear, at his 
chamber, general and special motions, arguments or de- 
murrers and arguments upon agreed cases, and for the mak- 
ing up of issues, and for the making up of all such interlo- 
cutory orders as may be necessary to expedite the proceed- 
ings in any cause ; and at any regular term of said court, 
by order entered of record in said court, appoint such special 
terms as may be deemed necessary ; and the said court shall 
always be considered open for hearing all matters and appli- 
cations on the chancery side thereof, and the granting of all 
such orders as may be required or necessary in the practice 

of said court. Eecogni.aHces. 

§ 14. All recognizances, except in cases of treason and 
murder, taken before any judge, justice or magistrate resid- 
ing in said city of Amboy, in criminal cases, shall be made 
returnable to said court ; and it shall be the duty of the 
oflicers taking the same to return all the papers in such 
criminal cases to the said court ; and all fines, penalties 
and forfeitures had or taken in any proceeding in said 
court shall inure to the benefit, and shall, whou collected, 
be paid into the city treasury of said city of Amboy. Appeals. 

§ 16. All appeals and writs of certioTari from the deci- 
sions of justices of the peace or other magistrates, within 
said city, shall be taken to said court, and there be heard 
and determined as like cases in the circuit court. venue?^^ ''^ 

§ 16. Change of venue in all cases may be taken from 
said court to the circuit court of Lee county for the same 
causes and in the same manner as changes of venue are 
now by law allowed from the circuit courts ; and when the 
petition shall allege that the inhabitants of Lee county are 
prejudiced against the petitioner, the change of venue shall 
be to the circuit court of some adjoining county, where the 
causes of complaint do not exist : 'Provided] that if the 
judge of said court shall not be satisfied that said petition 
is true, the court may require tbe petition to be verified by 
the oath of some credible person other than the oath of the 
party applying for such change of venue, and may require 
the reasons for the belief of the petitioner to be stated in 

the petition. city marshal. 

§ IT. The marshal of said city of Amboy is hereby 
authorized to execute all process, issued by or out of said 
court, anywhere in said county of Lee, and make due re- 
turn of the manner of executing the same, as now pre- 
scribed by law in the circuit courts in reference to sheriffs ; 
and when he shall have executed a criminal process he 



CITY COUKTS. 



1869 



shall take recognizance and make return thereof to said 
court, in all cases, the same as the sheriff does or is requir- 
ed to do in the circuit court, and shall be entitled to receive 
the same fees as the sheriff of Lee county is entitled to for 
like services, to be received, collected and paid in like 
manner as such fees now are or hereafter may be to the 
sheriff in the circuit court. 

§ 18. The city attorney of the city of Amboy shall be 
the prosecuting attorney of said court, whose powers, duties, 
fees and salary shall be the same as now provided by law or 
shall hereaffer be provided in relation to prosecuting attor- 
neys of the state, and be paid out of the state treasury in 
the same manner. 

§ 19, It is hereby made a part of the official duties of 
the mayor and city clerk of the city of Amboy to meet to- 
gether at the office of said clerk, on the first Monday in the 
month next before the regular terms of said court of com- 
mon pleas, and then and there to place in a box, prepared for 
the purpose, the names of one hundred persons, possessing 
the qualifications of jurors in the circuit courts and residing 
in the city of Amboy ; and after such names, so placed in 
such box, are fully intermingled, the said clerk, in the pre- 
sence of the mayor (he being first blind-folded), shall draw 
from said box twenty-four names, one at a time, and the 
persons whose names are thus drawn shall be the petit ju- 
rors tor the term of said court of common pleas then next 
ensuing; and on the sameday the said mayor and clerk shall 
place other one hundred names in a box, and in the same 
manner the said city clerk shall draw therefrom twenty- 
three names, and the persons whose names are thus drawn, 
or any sixteen of them, shall be the grand jurors for the 
term^of said court of common pleas then next ensuing ; 
which jurors shall possess the same qualifications and be 
liable to the same penalties and punishments, and have the 
benefit of the same excuses and exceptions, as are imposed 
and allowed by the laws of this state to jurors in the circuit 
court, and shall take the same oaths, possess the same 
powers, and be governed in all their proceedings in the 
same manner as is prescribed, imposed and allowed in 
cases of jurors in the circuit court ; and the clerk of the city 
of Amboy, within five days after selecting the jurors afore- 
said, shall certify to the clerk of said court a list respectively 
of the petit and grand jurors, whose duty it shall be to issue 
and deliver to the marshal of the city of Amboy a sum- 
mons as provided for jurors in the circuit court. 
Jurors' fees. g 20. Thcjurors of Said court shall receive the sum of 

one dollar for each and every day's attendance, to be paid 
out of the city treasury of the city of Amboy, upon the 
certificate of the clerk of said court ; and the inhabitants 



1869 CITY COURTS. 125 

of the said city of Amboy are hereby exemptedTrom ser- 
ving on juries in the circuit court of Lee county. 

§ 21. " The judge of said court may interchange with the j^fe'^Jfajige™^^ 
judge of any circuit court in this state, with the same rights, 
duties and powers as are or may be conferred upon judges 
of the circuit courts of this state in like cases. 

§ 22. In all cases in said court where, by the laws of sentence. 
this state, offenders may be sentenced to the county jail, the 
said judge shall sentence such offenders to the city jail of 
the city of Amboy ; and all persons who may be committed, 
by the magistrates or other oflBcers of the city of Amboy, 
shall be committed to said city jail, except in cases of trea- 
son or murder ; and the common council of the city of 
Amboy shall provide for the support and maintenance of 
said city jail, 

§ 23. Any vacancy in the office of judge or clerk of '^^'^^"<=y- 
said court may be filled by election, at such times and 
places as may be appointed by the common council of said 
city, and the person elected to fill such vacancy shall hold 
his office until the next regular election for such officers as 
provided by this act : Provided^ that when the office of 
clerk of said court is vacant, the judge of said court may 
appoint a clerk pr*? terri.^ who shall act until a clerk is 
elected and qualified. 

§ 24. That all docket and jury fees provided by law to Docket-Fees, 
be paid in cases inuring in the circuit court, shall be paid, 
in all suits inuring in said court, to the clerk thereof ; and 
all persons instituting suits in said court shall, before the 
filing of any papers or the issuing of any process, pay to 
the clerk of said court the sum of two dollars, as appearance 
fee ; which shall be paid by the clerk into the city trea- 
sury immediately after the adjournment of each term of 
court, which shall be taxed by the clerk, in the bill of costs, 
to the unsuccessful party. All expenses of said court shall 
be paid by the city of Amboy, except as otherwise provided otGrccfuntiel? 
by this act. 

§ 25. The process of said court may be directed to any 
of the counties of this state in the same manner, and shall 
have the same force and effect as similar process issued out heSLe^''"e*E^ 
of the circuit courts. tabUshea. 

§ 26. This act shall not be bo construed as to repeal, by 
implication or otherwise, or in any manner affect the exist- 
ing jurisdiction of any inferior local court heretofore estab- 
Hshed under the provisions of the constitution and the laws J^y *^ ^p^^^^^ 
of this state. 

§ 27. The judge of said court shall have the power at 
any time, when he shall have ordered a special term of said 
court, to direct the clerk of said court to issue a venire for Expenses. 
a jury at any such special term. 



126 



eiTT COT7ET8. 



1869 



§ 23. The mayor and clerk of the city of Amboy are 
authorized and required to meet on tlie first Monday of 
'September in each year, and levy a tax of not esceeding 
one-third of one per cent, on all the taxable property in said 
city of Amboy ; and said city clerk shall certify, under 
the seal of eaid city, the amount of tax so levied to the 
county clerk of Lee county, who shall extend said tax on 
the tax^book of said town ; and the same shall be collected 
as state and county taxes are now collected, and shall be 
paid to the treasurer of said city, who shall keep said mon- 
ey, with all the moneys arising from fines and docket fees, 
as a fund to defray the expenses of said court : Provided^ 
that money from said fund, except fees of jurors, shall be 
paid only on presentment to the treasurer of the certificate 
of said mayor certified by the clerk of this court ; and the 



Serrice 



ubiicatioa ^^ taxpayers of the city of Aoiboy, are hereby exempted from 
the payment of any tax in support of the circuit court of the 
county of Lee. 

§ 29, In every suit in law or equity in -which the de- 
fendants, one, any or all of them are non-residents of the 
state, service may be had by publication, as now provided 
by law, the same as in the circuit courts of the state. 

§ 30. The clerk of the court may issue subpoenas to any 
county in the state, and attachments for disobedience to 
such subpoanas, by order of the court. 

§ 31. The marshal of said city of Amboy, in acting as 
the oflicer of said court of common pleas, snail have the 
right to serve writs of attachment issued out of said court 
of common pleas, anywhere in Lee county, and to follow 
the property of the debtor into any other county, as now 
provided by law in reference to sheriffs and M^its issued 
out of the circuit court. 

§ 32. The judge of said court shall appoint a master in 
chancery, whose aaty shall be the same as now provided 
[by] law in reference to masters in chancery in the circuit 
courts of this state, and shall take and subscribe the same 
oath, and be governed by the same rules, and subject to 
the same penalties, and shall receive the same fees as are 
now provided by law. 

§ 33. The marshal of the city of Amboy is hereby em- 
powered to appoint one or more deputies. 

§ 34. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 

Appeoved March 11, 1869. 



SabpojQas. 



Marshal's 
powers. 



Mastei- 
chancery. 



Deputy mar- 
shala. 



1869 CITY coufiTS. 127 



AX ACT to amend an act entitled "An act to establish a court of common In force March 
pleaB in the city of Amboy." ^^' ■^^®^- 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly^ That section 
eleven of the act to which this is an amendment be and the 
same is hereby repealed. 

§ 2. This act shall be deemed a pnblie act, and shall 
take effect and be in force from and after its passage. 

Approved March 11. 1869. 



AN ACT to rep&al an aet entitled "An act to establisti the court of com- in force ilarch 
mon pleaa of the city of Oairo," approved Febmary 6, 1855. l, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois represented in the General Assembly, That the 
act establishing the court of common pleas of the city of Repeal. 
Cairo, approved February 6, 1855, and all acts amendatory 
thereof, be and the same are hereby repealed. 

§ 2. All causes now pending in the said court of com- casas trans- 
mon pleas shall be transferred to the circuit court of Alex- court, *''"^''°^' 
ander county, and may be tried and disposed of in the same 
manner, in the said circuit court, that they might have been 
in the said court of common pleas. 

§ 3. All books, papers, writs and records, of every kind Records, 
and description whatsoever, now belonging to the said court 
of common pleas, whether in the hands of the judge, clerk 
or marshal of said court, shall be transferred to the said 
circuit court, and be in the custody of the clerk of the said 
circuit court, and shall have the same force and effect that 
they now have by law. 

§ 4. All iudgments, executions, liens and recoveries Jndgments. 
heretofore had in said court of common pleas shall remain 
in full force, and may be enforced in the same manner that 
they might have been if originally obtained in the said cir- 
cuit court. 

§ 5. Writs of error and appeals may be taken from the writs of error 
judgments and decrees of said court of common pleas, to ^nd appeals, 
the supreme court of this state, as now provided by law ; 
and the clerk of the said circuit court of Alexander county 
shall make up the records and certify to them, in the 
same manner as now required of the clerk of said court of 
common pleas. 

§ 6. This act shall take effect and be in force from and 
after the first day of March, 1869. 

Approvsd February 19, 1869. 



128 



CITY COURTS. 



1869 



la force March 
6, 1SG9. 



Judge. 



Style of, com- 
pensation. 



Place of hold- 
Iff court. 



AN ACT to establish a recorder's court in the city of El Paso. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That there 
shall be established in the city of El Paso, in the county of 
"Woodford, in this state, an inferior court of civil and crimi- 
nal jurisdiction ; which said court shall be a court of 
record, by the name of " The Eecorder's Court of the City 
of El Paso," and shall have concurrent Jurisdiction in the 
city of El Paso with the circuit court of Woodford county, 
in all cases civil and criminal, except murder and treason. 

§ 2. That the judge of the circuit court of said Wood- 
ford county shall be, ex officio, judge of the recorder's court 
of the city of El Paso, and shall possess the same powers, 
as such judge, as are vested in the judge of the circuit 
court, except as limited by this act ; and said judge may 
interchange with any judge of the circuit courts of this 
state, in the same manner as now provided by law for in- 
terchange between circuit judges. 

§ 3. The judge of said court, while acting in his capa- 
city as such, shall be called judge of the circuit court of 
Woodford county, and ex officio judge of the recorder's 
coart of the city of El Paso ; and the board of supervisors 
of said Woodford county, or the city council of the city of 
El Paso, may pay to said judge such compensation as 
they may deem proper, not exceeding the sum of live hun- 
dred dollars per annum. 

§ 4. Said court shall be held at such place in the city 
of El Paso as shall be provided by the city council of said 
city of El Paso, and shall have a seal, to be provided by 
said city. 

§ 5. There shall be a clerk of said court, to be elected 
in the same manner as the mayor of said city of El Paso, 
and under the ordinances of the city now in force, or which 
may hereafter be in force in said city in relation to the 
election of mayor ; and the clerk of said city of El Paso, 
under the seal of said city, shall certify to the governor the 
number of votes received by each person for said office, 
and the person receiving the highest number of votes, as 
shown by the certificate of the said clerk, shall be commis- 
sioned by the governor as the clerk of said court : Provi- 
ded, the validity of any such election or the right of any 
person declared duly elected may be contested in the man- 
ner prescribed by the statutes in other cases. The said 
clerk shall hold his office for the term of four years, and 
shall, before entering upon the duties of his office, take the 
same oath and enter into bond as is required to be taken 
and entered into b}'' the clerks of the circuit courts ; and he 
shall have the same power and authority, and perform like 



1869 CITY 00UKT8. 129 

duties, be subject to the same liabilities, and be entitled to 
the same fees as are now or may hereafter be provided by 
law in relation to clerks of circuit courts, and shall be 
removable from office in like manner as clerks of the cir- 
cuit courts. 

§ 6. In case of the death, resignation or removal of said vacancy. 
clerk of said court, the judge thereof shall have power to 
till the vacancy until the next regular election to be held 
in said city for mayor, when the vacancy shall be filled by 
election, as heretofore provided. 

§ 7. The process of said court shall be tested in the Process. 
name of the clerk thereof, and shall be issued and executed 
in the same manner as process from the circuit court of said 
Woodford county ; and process out of said court may issue 
against a defendant or defendants, if found in said city 
of El Paso, in all cases, and against a defendant or defendants 
to the sheriff of the county where the said defendant or de- 
fendants may reside, in cases where the debt contracted or 
cause of action accrued in the city of El Paso, or where the 
contract may have been specially made payable in the city of 
El Paso ; and in all cases where there are more than one 
defendant, and one defendant resides or may be found in 
"the city of El Paso, the plaintiff commencing his action in 
said court may have a writ or writs issued, directed to the 
sheriff of any county or counties where the other defendant 
or defendants, or any or either of them, may be foimd ; and 
all criminal process shall run through the state, the same 
as criminal process issued out of the circuit courts, and all 
civil process issued out of said court shall have the same 
force and effect as similar process issued out of the circuit 
courts. 

§ 8. All orders, judgaients and decrees of said court Lien. 
shall be a lien upon real estate in the county of "Woodford 
from the rendition thereof, and shall be enforced and col- 
lected in the same manner as orders, judgments and decrees 
rendered in the circuit court, and appeals and writs of er- 
ror from the orders, judgments and decrees of said court 
may be taken to the supreme court, and shall be had in the 
same cases, and taken and conducted in the same manner 
as is provided by the laws of this state for the taking of 
appeals and writs of error from the circuit courts. 

I 9. The judge of said court shall have full power to Raieaofprac- 
establish all such rules of practice at law and in equity as *^°^- 
ho may think necessary to expedite the business of said 
court, which rules of practice shall be binding and obliga- 
tory upon the parties to suits in said court from the time 
they shall be entered of record. 

§ 10. That in all cases in said court the judge shall Defaults.'. 
have the same power to o,sse88 damages in cases of default 

—17 



130 CITY COUETS. 1869 

as is now given to judges of circuit courts, and in all cases 
execution may issue forthwith upon the rendition of judg- 
ment, where the same is authorized in circuit courts ; and 
all executions issued out of said court shall have the same 
lien within the county of "Woodford upon the personal pro- 
perty of the defendant or defendants, from the time they 
shall be delivered to the sheriff or other officer, as though 
issued out of the circuit court. 

Terms. § 11, There shall be three terms of said court in each 

and every year, commencing on the third Monday in Feb- 
ruary, first Monday in June and second Monday in Sep- 
tember, respectively, and shall continue until all the busi- 
ness before the cour!; is disposed of. The judge of said 
court shall have power to appoint special terms of said 
court at such times as he may think proper, upon giving 
twenty days' notice thereof, in some public newspaper pub- 
lished in said city. 

Recognizances. g -j^g. AH recognizauces, except in cases of treason and 
murder, taken before any judge, justice, or magistrate re- 
siding in said city, in criminal cases, and when the offences 
shall be committed in the city of El Paso, shall be made 
returnable to said court, and it shall be the duty of the offi- 
cers taking the same to return all the papers in such crimi- 
nal cases to the said court, and all fines, penalties and for- 
feitures had or taken in any proceeding in said court shall 
be paid into the city treasury of said city of El Paso to de- 
fray expenses of said court. 

^Change of ven- g 13, Changes of venue in all cases maybe taken from 
said court to the circuit court of said Woodford county for the 
same causes and in the same manner as changes of venue 
are now by law allowed from the circuit courts ; a.nd when 
the petition shall allege that the inhabitants of Woodford 
county or the judge of said court are or is prejudiced 
against the petitioner, the change of venue shall be to the cir- 
cuit court of some adjoining county, where the causes of 
complaint do not exist. 

Sheriff. g i^ rj^^Q ^Yievm of said ^Woodford county shall per- 

form the same duties and have the same powers, and be 
liable to the same penalties in the said court as in the cir- 
cuit court ; and all officers executing any process of said 
court shall be entitled to like fees and compensation that 
are now or hereafter may be allowed for similar services in 
the circuit courts of this state, to be received, collected and 
paid in like manner as such fees are now or hereafter may 
be ; and the sheriff of Woodford county shall be required 
to appoint one or more deputies, who shall reside within 
the corporate limits of said city of El Paso. 

attome'^^'^°'^'°" § 1^- It shall be the duty of the prosecuting attorney 
of said county to attend the terms of said court, and per- 
form the like duties which he is required by hy^ to perform 



1869 CITY COUItTS. 131 

in the circuit court, and in the case of his absence the 
judge of said court shall have power to appoint a state's at- 
torney fro tern, the same as in case of the absence of that 
officer during the terms of circuit courts. 

§ 16. The grand and petit jurors of said court shall be Jiu-ors. 
selected from the qualified inhabitants of said city of EI 
Paso by the city council thereof, in the same manner that 
jurors are selected by the board of supervisors, at least 
fifteen days before any of the regular terms of said court, 
and the clerk of the city of El Paso shall, within five days 
thereafter, certify to the clerk of said court a list, respect- 
ively, of the grand and petit jurors, whose duty it shall be 
to issue and deliver to the sherifi" of "Woodford county, or 
his deputy, a venire, as provided for jurors in the circuit 
court, which jurors shall possess the same qualifications 
and be liable to the same penalties and punishments, and 
have the benefit of the same excuses and exceptions as are 
imposed and allowed by the laws of this state to jurors in 
the circuit courts, and shall take the same oaths, possess the 
same powers, and be governed in all their proceedings in the 
same manner as is prescribed, imposed and allowed in the 
case of jurors in the circuit courts. 

§ 17. The jurors of said court shall receive out of the compensatiot. 
county treasury of said Woodford county the same com- 
pensation that is allowed to jurors of the circuit court, to be 
paid upon the certificate of the clerk of said court. 

§ 18. In all cases in said court the judge shall possess Judge's power. 
the same power in all respects to ^ass sentence, and other 
powers in relation to cases in said court, as is possessed by 
the circuit judges while holding court as such. 

§ 19. All docket and jury fees provided by law to be Fees, 
paid in cases inuring in the circuit court shall be paid in 
all suits inuring in the said court to the clerk thereof, the 
same as is now or may hereafter be required by law in the 
circuit courts. All expenses of said court, except as is herein 
otherwise provided, shall be paid by the city of El Paso. 

§ 20. The process of said court may be directed to any Process. 
of the counties of this state in the same manner and shall 
have the same force and effect as similar process issued out 
of the circuit courts. 

§ 21. It shall be the duty of the city council of said court house, 
city of El Paso to provide and maintain a suitable building 
or rooms for the holding of said terms of court in said city 
of El Paso, and the said city council shall have power, if 
they see proper to do so, to issue bonds of said city of El 
Paso, for any sum they may deem necessary, not exceeding 
the sum of twenty-five thousand dollars, at the rate of in- 
terest not exceeding ten per cent, per annum, payable semi- 
annually, for the purpose of erecting a court house and jail 
in said city for the accommodation and use of said court. 



132 CITY cotJRts. 1869 

§ 22. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 
Approved March 6, 1869. 



In force March AN ACT supplemental to an act entitled "An act to establiah a recorder's 
C, 1S69. court in tlie city of El Paso." 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General AssenMy, That sec- 

Repeai. tioDS two (2), three (3) and five (5), and such other parts of 

the act to which this is supplemental, inconsistent with this 
act, is hereby repealed. 
jnrisdiction- § 2. The recorder's court of the city of El Paso and 

and cierk.^"'*^"^ the judge and clerk thereof shall respectively have the like 
powers, authority and jurisdiction, and perform the like 
duties as the circuit court in said county of Woodford and 
the judge and clerk thereof in relation to all matters, suits, 
prosecutions and proceedings within the city of El Paso, 
so far as the same is not otherwise limited by the act to 
which this is supplemental. 
Judge and § 3. The judgc and clerk of said court shall be elected 

teT. ~ ^^^°'^" by the qualified voters of said city, and shall respectively 
hold their office for four years and until their successors 
shall be elected and qualified ; the first election shall be 
held at the next annual election for mayor of said city, 
after the passage of this act, and like elections shall be held 
every four years thereafter at the same time and under the 
same regulations as the election of mayor in said city, as is 
now or may hereafter be provided by law. 

Compensation. § 4. The judgc of Said court sliall be paid such com- 
pensation as the city council of the city of El Paso may 
deem proper, not to exceed the sum of one thousand dol- 
lars per annum ; and the said city council may increase its 
rate of taxations above the rate now allowed by law, to an 
amount suflicient to raise the sum which shall be allowed 
said judge, in addition to the amount required for other 
purposes. 

Clerk's fees. § 0. The clerk of said court shall be entitled to the 

same fees as are now or may hereafter be provided by law, 
in relation to clerks of circuit courts, for like services, and 
shall be removable from office in like manner as clerks of 
the circuit courts. 

Elections. g Q^ 'J'j^q pcrson having the highest number of votes 

for the offices of judge and clerk, respectively, shall be de- 
clared elected thereto, and shall be commissioned by the 
governor: Provided, their election may be contested as in 



1869 CITY COURTS. 133 

other cases is provided by law for contesting of elections 
for judge or clerk of the circuit court; and the said clerk 
shall take the same oath, and enter into bond, as is taken 
and required to be entered into bj the clerks of the circuit 
courts. 

§ 7. This act shall be a public act, and shall take effect 
and be in force from and after its passage. 



A.N ACT to eBtablish a common pleas court in the city of Mattoon. IQ ^'^''llgf^^' "*'' 

Section 1. Be it enacted ly the People of the State of 
Illinois, rejpresented in the General Assembly, That there 
shall be established in the city of Mattoon, in Coles county, common picas 

-r,T • i J? • •! ^ ..-,.,. 1 •1 court of Mat- 

Ilhnois, a court oi civil common law jurisaiction, which toon, 
shall be a court of record, by the name of " The Common 
Pleas Court of the City of Mattoon." 

§ 2. Said court shall have jurisdiction within the cor- jurisdiction. 
porate limits of the said city oi" Mattoon, concurrent with 
the circuit court of Coles county, in all civil common law 
cases and actions arising under the statutes of this state, 
for the recovery of debt. 

§ 3. The officers of said court shall be a judge, who officers, 
shall be called judge of the common pleas court of ^he city 
of Mattoon, clerk, sheriff and such bailiffs as may be ap- 
pointed. 

§ 4. The judge of said court shall be elected by the jndse how 
qualilied voters of the city of Mattoon, and shall be com- qualified, etc. 
missioned by the governor, and shall hold his office for the 
term of four (4) years and until his successor is elected and 
qualified ; said judge shall possess the same qualifications, be 
qualified in the same manner, be subject to the same penalties 
and possess the same powers in every respect, and perform 
the same duties in the said court as the judges of the cir- 
cuit courts in their respective counties. 

§ 5. An election for judge of said court shall be Election, 
held on the third Monday of the month of March, A. D. 
1869, and every four (4) years thereafter, and it shall be 
the duty of the clerk of the city of Mattoon to give notice 
of said election in some newspaper published ia said city 
of Mattoon, at least ten (10) days previous to said election, 
and said election shall be held in the same manner as elec- 
tions are held for mayor and other officers of the city 
of Mattoon under the charter and ordinances of said city 
that are now or may hereafter be in force ; and the clerk of 
the city of Mattoon, under the seal of the said city of Mat- 



134 CITY corETs. 1869 

toon, shall certify to the governor the number of votes re- 
ceived by each person for said office, and the person receiv- 
ing the highest number of votes for said office, as shown 
by the certificate of said clerk, shall be commissioned by 
the governor as judge of said court. 
rySfeesf'''''" § ^- The judge of said court shall receive the same 
salary from the state treasury as is now allowed to the re- 
spective judges of the circuit courts by the constitution, to 
be paid in the same manner ; and in addition thereto shall 
receive the sum of one dollar as docket fee for each and 
every case commenced in said court or brought into said 
court by appeal or otherwise, and said docket fee shall be 
taxed, collected and paid over in the same manner, by the 
clerk of said court, as docket fees are now taxed, collected 
and paid over by the clerk of the circuit court 'of Coles 
county, and all other fees and costs shall be taxed in said 
court as for like services and cases are taxed or assessed in 
the circuit court of Coles county ; and the city council of 
said city of Mattoon may and are hereby authorized to 
make such appropriation towards the salary of said judge 
in addition to the salary hereby provided for, to be paid out 
of the city treasury of said city, in the sum not less than 
one hundred (100) dollars and not more than five hundred 
(500) dollars, 
cierk-s fees § T. The clcrk of the circuit court of Coles county shall 
. "-^— ■ ^Q ^^y, q-QiqIq^ the clerk of said court, and shall perform the 
same duties, be entitled to the same fees and be liable to 
the same penalties in the said court as in the circuit court, 
and it shall be and is hereby made his duty to appoint, and 
keep, one or more deputy clerks, who shall at all times re- 
side within said city of Mattoon and in the absence 
or disability of said clerk it shall be the duty of said depu- 
ty or deputies to perform the same duties in the said court 
as would be incumbent on the clerk thereof; and it shall 
bo the duty of the said clerk to keep in his office at Charles- 
ton a list, in cross-index form, of all judgments entered or 
rendered in said common pleas court, together with steps 
taken and proceedings had thereon in like manner and to 
the same extent, as near as may be, as he is now required 
to make up and keep of or pertaining to judgments ren- 
dered in the circuit court, and no judgment rendered in 
said com.mon pleas court shall be a lien upon real estate in 
Coles county until the same is entered upon the record at 
Charleston aa provided by this section. The fees for mak- 
ing up such record of judgments and proceedings had 
thereon or pertaining thereto shall be the same as are al- 
lowed for like services in the circuit court, to bo taxed as 
cost of suit in the case in which such judgment is ren- 
dered and collected as other costs. 



and duties. 



860 CITY oouETa. 135 

§ 8. The sheriff of Coles county shall be, ex officio, the ZZ.^'^^'^'' 
sheriff of said court, and shall perforin the same duties, be 
entitled to the same fees, and be liable to the same penal- 
ties in said court as in the circuit court of Coles county, 
and it shall be his duty to appoint and keep one or more 
deputies who shall at all times reside within the city of 
Mattoon ; and it shall be the duty of said deputy or depu- 
ties to perform, in the absence or disability of the sheriff', 
such duties as would be incumbent on the said sheriff, and^ 
in cases where the said sheriff may be interested it shall be 
the duty of the coroner of Coles county to execute the pro- 
cess of said court. 

§ 9. The process of said court shall be tested in the Process. 
name of the clerk thereof, and shall be issued, executed, 
and returned in the same manner as process issuing from 
the circuit court of Coles county; and process out of said 
court may issue against a defendant or defendants, if found 
in said city of Mattoon, in all cases, and against a defen- 
dant or defendants to the sheriff of the county where the 
defendant or defendants may reside. When the contract or 
cause of action accrued in said city of Mattoon, and the 
plaintiff or plaintiffs, or one of them, reside in said city, 
and in all cases where there are more than one defendant, 
and one or more of such defendants reside in or may be 
found in the city of Mattoon, the plaintiff or plaintiffs com- 
mencing his or their action in said court may have a writ 
or writs issued, directed to the sheriff of any county or 
counties where the other defendant or defendants may re- 
side or be found ; and in all cases where the defendant or 
defendants, or one or more of them, are non-residents of 
the state, service by publication may be made upon such 
non-residents in the manner as is now provided by law for 
the service of process issuing out of the circuit courts of 
the state ; and all civil process issued out of said courts 
shall have the same force and effect as similar process is- 
sued out of the circuit court. 

§ 10. All judgments of said court shall be a lien upon ^ ^l^f^^^^^' 
real estate in the county of Coles from the rendition there- ^^^^ ^' 
of, subject, however, to the provisions of section saven of 
this act, and shall be enforced and collected in the same 
manner as judgments rendered in the circuit court of Coles 
county, and appeals from the orders and judgments of said 
court may be taken to the circuit court ot Coles county, 
and shall be had in the same cases and taken and con- 
ducted in the same manner as is provided by the laws of 
this state for the taking of appeals from the circuit courts to 
the supreme court : Provided^ that either party may intro- 
duce other and additional evidence upon the trial of said 
cause in the circuit court, as in other cases : Provided, also^ 
that no additional docket fee shall be charged or taxed in 
cases so appealed to the circuit court. In all cases, execu- 



1-36 CITY COURTS. 1869 



tion may issue forthwitli upon the rendition of the judge- 
ment : Provided, the pkiintifi or his agent or attorney make 
the affidavit as now required by law in such cases in the cir- 
cuit courts ; and executions issued out of the said common 
pleas court shall have the same lien in the county of Coles 
or the county to which they may be directed, upon the per- 
sonal property of defendants, from the time they are deliv- 
ered to the sheriff or other officer to execute, as though 
issued out of the circuit courts. 

§ 11. Said court shall hold two terms in each year, 
commencing on the first Monday of February and August 
of each and every year, respectively, and shall continue 
each term until all the business before the same be disposed 
of. The said judge shall have power to appoint special 
terms of said court at such times as ho may think proper, 
upon giving twenty (20) days' notice thereof in some news- 
paper published in said city ; and all orders, judgments 
and decrees and proceedings made or had at any such spe- 
cial terms shall be as valid and effectual as if ma,de or had 
at a regular term of said court ; and he shall have pov/er, 
upon entering the proper order of record of said court, du- 
ring any term thereof, to fix any number of days or times 
at which he will hear, at his chambers, general and special 
motions, arguments of demurrers and arguments upon 
agreed cases, and for the making up of issues and for the 
making of orders thereupon, and for the making of such 
interlocutory orders as may be necessary to expedite the 
proceedings in any cause ; and may, at any regular term 
of said court, by order entered of record in said court, ap- 
point such special term as to him, at such time of making 
such order, may seem necessary. 

§ 12. Said court shall be holden at such place in the 
city of Mattoon as shall be provided by the city council of 
said city ; and it shall be the duty of said city council to 
provide suitable rooms or buildings within said city in which 
to hold said court. Said court shall have a seal, to be pro- 
vided by the city council of said city ; and said council 
shall also provide such blank books, records, stationery and 
other articles as may be necessary for the transaction of the 
business of said court, or the carrying on of the same un- 
der the provisions of this act. 

Appeals from § 13. All appeals and writs of certiorari from the de- 

justices. cieions of justices of the peace or other magistrates within 

said city, may be taken to said common pleas court, and 

there be heard and determined as like cases in the circuit 

court. 

Change of § 1^- Changes of venue, in all cases, may be taken 
from said court to the circuit court of Coles county for the 
same causes and in the same manner as changes of venue 
are now by law allowed from the circuit courts, and when 



Where h( 
-Eecords. 



venue. 



1869 CITY GOUKTS. l3t 

the petition shall allege that the inhabitants of Coles county 
are prejudiced against the petitioner, the change of venue 
shall be to the circuit court of some adjoining county where 
the cause of complaint does not exist: Frovided^ if the 
judge of said court shall not be satisfied that said petition 
is true, the court may require the petition to be verified by 
the oath of some credible person other than the oath of 
the party applying for such change of venue, and he may 
require the reasons for the belief of the petitioner to be 
stated in the petition : Provided, also, that persons residing 
beyond the corporate limits of said city of Mattoon, who 
may be sued in said court, shall, upon mere motion, have 
the right to change the venue into the circuit court of Coles 
county, on making affidavit of such residence and praying 
for such change of venue upon entering his, her or their 
appearance in such cause, and not thereafter ; and said affi- 
davit may be made by the agent or attorney of the defend- 
ant or defendants in his, her or their absence. 

§ 15. The petit jurors of said court shall be selected jurors. 
from the qualified voters of said city by the city council 
thereof, in the same manner that jurors are selected by the 
county court, at least fifteen (15) days before any of the 
terms of said court, and the clerk of the city of Mattoon 
shall, within five (5) days thereafter, certify to the clerk of 
said court a list of the petit jurors, whose duty it shall be 
to issue and deliver to the sheriff of Coles county a sum- 
mons, as provided for jurors in the circuit courts, which 
jurors shall possess the same qualifications and be liable to 
the same penalties and punishments and have the benefits 
of the same excuses and exceptions as are imposed and 
allowed by the laws of the state to jurors of the circuit 
courts, and shall take the same oaths, possess the same 
powers and be governed in all their proceedings in the 
same manner as is prescribed, imposed and allowed in case 
of jurors of the circuit courts. The jurors of said court 
shall receive, out of the city treasury, the same compensa- 
tion that is now allowed to jurors of the circuit courts, to 
be paid upon the certificate of the clerk of said court by 
the treasurer of said city, on presentation. 

§ 16. In all cases in said court where, by the laws of sentence. 
the state, offenders may be punished or sentenced to the 
county jail, the said judge shall sentence or punish such 
offenders in the county jail of Coles county. 

§ 17. Upon the happening of any vacancy in the office Vacancy. 
of judge of said court, it shall be the duty of the city coun- 
cil of said city of Mattoon to order an election to fill such 
vacancy; and the person elected to fill such vacancy shall 
hold his office until the next regular election for such office 
as provided by this act. 
—18 



138 CITY COUETb, 



1869 



jmyfees. § IS. All jiirj fees provided by law to be paid iu cases 

arising in the circuit court shall be paid, in all cases arising 
in said common pleas court, by the clerk thereof, into the 
city treasury immediately after the adjournment of each 
term of said court, which shall be taxed by the clerk, in the 
bill of costs, to the unsuccessful party. 

§ 19. All expenses of said court, or incident thereto, 
shall be paid by the city of Ivlattoon, except as otherwise 
provided by this act. 

§ 20. The treasurer of the city of Mattoon shall keep 
a separate account of all moneys paid into the city treasury 
by any of the officers of said court, which money shall be 
used for the purposes of defraying the expenses of said 
court, and for no other purpose ; and all jury warrants or 
certificates drawn by the clerk of said court shall be paid 
by the treasurer of the city of Mattoon, on presentation. 

§ 21. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 

Appkoved February 20, 1869. 



Iu force April AN ACT to establish the court of common picas in the citv of S| arta, in 
2G, 1SG9. Randolph county. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly., That there 
Jurisdiction. shall be established in the city of Sparta an inferior court 
of civil and criminal jurisdiction, which shall be a court of 
record, by the name of "The Common Pleas' Court of 
Sparta," and shall have concurrent jurisdiction, vidthin the 
city of Sparta, with the circuit court of said county of Ean- 
dolph in all civil and criminal cases, treason and murder 
excepted, and shall have concurrent jurisdiction with said 
circuit court, in said county, in all civil cases in said coun- 
ty, when the amount does not exceed ten thousand dollars, 
and in all criminal cases when the punishment does not 
exceed ten years imprisonment in the penitentiary ; and 
the judge of said court shall have full power to establish 
all rules of practice, at law or in equity, such as he may 
think necessary to expedite the business of said court, which 
rules shall be in force from the time they are entered of 
record ; and the judge and clerk of said, court shall, re- 
spectively, have the like power, authority and jurisdiction, 
and perform the like duties as the judge and clerk of the - 
circuit court of said county, in relation to all matters, suits, 
prosecutions and proceedings within the said county, so 
far as the same are not limited by this act. 



1869 CITY COURTS. 139 

§ 2. The judge of said court shall be elected by the Judge. 
qualified voters of said city, and shall be commissioned by 
the governor, and shall hold his oflBce for six years and 
until his successor shall be commissioned and qualified; 
and no person shall be eligible to the ofiice of judge of said 
court who is not an attorney at law, duly licensed to prac- 
tice in the courts of record of this state, and who shall 
have attained the age of twenty-five years and been a resi- 
dent of said city at least one year next preceding said 
election, and qualified to vote for representatives to the 
general assembly. 

§ 3. An election for judge of said court shall be held at . Election for 
the time for election of city oflicers next after the passage ""^ °®' 
of this bill, and every six years thereafter ; and it shall be 
the duty of the mayor of said city, when the votes cast at 
said election are canvassed, to certify, under his own hand 
and the seal of said city, to the governor of the state, the 
number of votes received by such person for said office, 
and the person recaiving the highest number of votes, as 
shown by the certificate of said mayor, shall be commis- 
sioned by the governor as judge of said court : Provided^ 
the validity of any such election, or the right of any per- 
son declared duly elected, may be contested in the manner 
prescribed by statute in other cases. 

§ 4. The judge shall be called " The Judge of the style of-saia.y 
Common Pleas Court of Sparta," and shall receive the 
same salary from the state treasury that is paid the respect- 
ive judges of the circuit courts, to be paid in the same 
manner, and in addition thereto a docket fee of one dollar 
in each and every case docketed in said court. 

§ 5. Said court shall beholden at such suitable place conrt, where 
in the city of Sparta as shall be provided by the common '''^^"' ^ ^' 
council of said city, and shall have a seal, to be provided by 
said city, and it shall be the duty of the said city council, 
upon the requisition of said judge, to provide suitable 
rooms for the accommodation of said court, including court 
room, jury room and clerk's office, and also to provide a 
seal for said court, and suitable desks and record books for 
the use of the clerk of said court, and such other and fur- 
ther provisions as the judge of said court shall, from time 
to time, certify to be necessary for the convenience of said 
court. 

§ 6. The judge of said court shall appoint a clerk cierk. 
thereof, who shall hold his office for the term of two years; 
and before entering upon the duties of his office he shall 
take the same oath that is required to be taken by the 
clerks of the circuit courts, and shall also enter into bond in 
a like sum as required of them, and he shall have the same 
power and authority, perform the like duties, be subject to 
the same liabilities and be entitled to the same fees as tho 



14:0 CITY COURTB. 1869 

circuit clerk of said county is now entitled to, and shall be 
removable from office in like manner as clerks of the cir- 
cuit courts. 

Process. § '^- The process of said court shall be tested in the 

name of the clerk thereof, and shall be issued and executed 
in the same manner as process from the circuit court of 
Randolph county ; and process out of said court may issue 
against a defendant or defendants, if found in said county, 
in all cases ; and to the sheriff of any county or counties in 
the state in either of the following cases : "Where one of 
the defendants resides in said county, when the contract 
was specitically made payable in said city, when the debt, 
contract or cause of action accrued in said city ; and all 
criminal process shall run through the state as criminal pro- 
cess issued out of the circuit court. 

^c^ymarsnars § g. The city marshal of the city of Sparta shall have 
the same power and autliority in said court as the sheriff of 
said court has in the circuit court, shall perform the same 
duties, by subject to the same liabilities and be entitled 
to the saine fees as are now by law allowed to the sheriff 
of said court for similar services ; shall open and, either in 
person or by deputy, attend upon all courts and provide, 
under the order of the judge, such bailiffs as from time to 
time may be needed for the business of the court, and, be- 
fore entering upon the duties of his office, shall file with 
the clerk of said court, and to be by him approved, bond 
v;ith at least two securities in the sum of five thousand 
dollars : Provided, that nothing in this section contained 
shall be construed to prevent service of process issuing out 
of said court by any sheriff, coroner or constable of said 
court, but all process shall be directed " To the city" mar- 
shal, and all sheriffs, coroners and constables, and it shall 
be the duty of any and all of such officers to execute all 
process that may come to their hands from said court so 
directed. 
^n"alnpTia ^ ^ ^- ^^^ ordcrs, judgmcuts and decrees of said court 
shall be a lien upon real and personal estates in the said coun- 
ty from the rendition thereof, and shall be enforced and 
collected in the same manner as orders, judgments and de- 
crees rendered in the circuit court ; and appeals and writs 
of error from the orders, judgments and decrees of said 
court may be taken to the supreme court, and shall be had 
in the same cases, and taken and conducted in the same 
manner as is provided by the laws of this state for the 
taking of appeals and writs of error from the circuit 
court, 

§ 10. That in all cases in said court, of judgment by de- 
fault, inactionsea? contractu, ihQ court may, without the inter- 
vention of a jury, assess the damages, and in all cases, exe- 
cution may issue forthwith upon the rendition of judgment: 



lien, appeals. 



1869 CITY COURTS. 141 

Provided^ tbe plaintiff in execution shall first file an afiida- 
vit of himself or some credible person, that the benefit 
of his judgment will be in danger of being lost, unless 
execution issue forthwith; and all executions issued out of 
said court, shall have the same lien within the said county, 
upon personal property of the defendant or defendants, 
from the time they shall be delivered to the marshal or 
other officer to be executed, as though issued out of the 
circuit court. 

§ 11. That judgments by confession may be entered in coSSn^*'^^ 
said court at any time in vacation, before the clerk, by filing 
the proper papers with the clerk ; and such judgments 
shall have the same force and eflect, from the time of entry, 
as if entered in term time. 

§ 13. That said court shall be always open for the dis- .CMncery ja- 
posal of all matters in chancery, whether interlocutory or ^'^^^^*^°'^- 
final, and shall possess all the power in vacation which it 
could exercise in term time, subject to such rules and regu- 
lations, with respect to the practice, as said court may from 
time to time adopt : And^ ])ro'Viided^ further^ that no final 
decree shall be entered up, unless when specially authorized 
by statute, except at a vacation or regular term of said 
court. 

§ 13, The judge of said court shall hold twelve terms Terms, 
of said court in each year, commencing on the first Mon- 
day of each and every month, and shall continue each 
term until all the business before the same is disposed of; 
and the said court shall always be considered open for hear- 
ing all matters and applications on the chancery side there- 
of, and the' granting of all sucli orders as may be required 
or necessary in the practice of said court : Provided^ that 
if, from sickness or any other cause, the judge should not , 
be present to open court by noon of the second day of any 
term, then the court shall stand adjourned until the next 
regular term. 

§ 14. All recognizances, except in case of treason or Recognizan- 
murder, taken before any judge, justice or magistrate, re- ''®^' ^'^^®' ^^^* 
siding in said city, in criminal cases, shall be made returna- 
ble to said court, and all fines, penalties and forfeitures, had 
or taken in any proceeding in said court, shall inure to the 
benefit of said city, and shall, when collected, be paid into 
the city treasury, after first deducting docket fees and fees 
due clerks and marshal in cases where fees were not col- 
lectable. 

§ 15. All appeals and writs of certiorari, from the de- j^^ftfc^g®^^^ ^""^"^ 
cisions of justices of the peace or other magistrates within 
said city, shall be taken to said court and there be heard 
and determined as like cases in the circuit court. 

§ 16. Change of venue may in all eases be taken from chaBge of 
said court to the circuit court of Eandolph county, for the '^^°"^" 



142 OITT COUETS. 1869 

same causes and in the same manner as chani^es of venue 
are now by law allowed from the circuit court, and when 
the petition shall allege tliat the inhabitants of Eandolph 
county are prejudiced against the petitioner, the change of 
venue shall be to the circuit of some adjoining county 
where the causes of complaint do not exist : Provided^ that 
if the judge of said court shall not be satisfied that said 
petition is true, the court may require the petition to be 
verified by the oath of some credible person, other than the 
party applying for such change of venue, and may require 
the reasons for the belief of the petitioner to be stated in 
the petition. 

attoSeir''^*"'" ^^"- ^^^^ ^^^y attorney of the city of Sparta shall be 
the prosecuting attorney of said court, whose powers, du- 
ties, fees and salary shall be the same as now provided by 
law, or shall hereafter be provided, in relation to prose- 
cuting attorneys of the state, and be paid out of the state 
treasury in the same manner. 

Jarors. g -|^g_ r^^^ ^^^^^ ^^^ ^^^^.^ \yi,xox% of sald court shall be 

selected from the qualiiied inhabitants of said city by the 
common council thereof, in the same manner that jurors 
are selected by the county court, at least ten days bef:)re 
the sitting of the court, and the mayor of said city shall 
certify to the clerk of said court, a list, respectively, of the 
grand and petit jurors, whose duty it shall be at once to is- 
sue summons and deliver it to the marshal of said city, to 
be executed in the same manner as now provided for sum- 
mons in jarors of the circuit court ; which jurors shall pos- 
sess the same qualifications, be liable to the same penalties 
and punishments and have the benefit of the same excuses 
and exceptions as are imposed and allowed by the laws of 
this state to jurors in the circuit courts : Provided^ that 
grand juries shall be summoned only for the January and 
August terms, and petit juries for the same terms : Pro- 
mrled, 7ieveri/ieless, that the judge of said court may order 
special, grand and petit juries, either or both, whenever 
in his judgment it is necessary, and that he shall order a 
special venire whenever a jury is demanded in any case 
before him on trial. 

from^jfiS'S § 1^- ^^^ inhabitants of_ said city shall not be required 
to act as grand or petit jurors in the circuit court of 
Kandolph county, and the city of Sparta shall be exempt 
from paying any part of the expenses of the circuit court 
of Randolph countv from and after the first Monday of 
June, A. D. 1869. " 
Compensation § 20. The jurors of Said court shall receive out of the 

to jurors. ^^^^ treasury the same compensation that is allowed to the ju- 

rors of the circuit court, to be paid upon the certificate of 
the clerk of said court. 



1869 CITY COURTS. 14:^ 



§ 21. The judge of said court may interchange with J^,%l^gJ^^^ 
the judge of any circuit court, in this state, with the same 
rights, duties and powers as are or may be conferred upon 
judges of the circuit courts of thi.j sbite in like cases. 

§"23. In all cases in said cou.f t where, by the laws of this sentence, 
state, offenders may be sentenced to the county jail, the 
said judge may, in his discretii>ii^ se-'tence such offenders 
either to the city or county jail ; aP-gein case prisoners are 
confined in the city jail the city council shall provide for their 
support. 

§ 23. Said court shall have exclusive original jurisdic- Jurisdiction 
tion m ail cases lor violation of the ordinances or tne city city ordinances. 
of Sparta or any of them ; and in actions founded on vio- 
lations of said ordinance or any of them, and in all criminal 
actions, for offenses of a less grade than felony, said court shall 
have original jurisdictian, and upon complaint and informa- 
tion made before the clerk of said court, in the same man- 
ner and form as complaint and information is in such, 
cases now made before justices of the peace, shall proceed to 
hear and determine the same astlioiigh it had been brought 
up by appeal or regularly brought up by a grand jury. 

§ '21. Any vacancy in the office of judge of said court vacancy. 
may be filled by election at ^ueh times and places as may 
be appointed by the common sou -icil of said city, and the 
person elected to fill such vacancy shall hold his office until 
the next regular election for such office as provided by this 
act, 

§ 25, That all docket and jury fees provided by law to Docket, jmy 
be paid in cases ensuing in the circuit court shall be paid ^^^ appearance 
in all suits ensuing in said court to the clerk thereof, and 
all persons instituting suits in said court, except by appeal, 
and persons in whose favor judgment shall be entered, by 
confession, shall, before the filing of any papers or the is- 
suing of process, pay to the clerk of said court the sum of 
two (^2) dollars as appearance fee, which shall be paid by 
the clerk into the city treasury immediately after the ad- 
journment of eacli term of court, which sum of two ($2) 
dollars shall be taxed by the court in the bill of costs to the 
unsuccessful party. Ail expenses attending said court shall 
be paid by the city of Sparta, except as otherwise provided 
by this act. 

§ 26. The act creating the recorder's court in said city, Kecordei-;s 
with all acts amendatory of the same, and all other acts in- court abolished, 
consistent with this act, are hereby repealed ; but the said 
recorder's court shall continue with all acts, powers and privi- 
leges until a judge is elected for the common pleas court by 
this bill created and until said court is duly organized for 
business, and the act entitled "An act to give uniform or- 
ganization and jurisdiction to inferior courts of local juris- 
diction in the cities in this state," approved Tebruary 10, 



144 CiTlES AXD TOWNS. 1869 

1857, shall be made a part of this act as full as if the same 
had been incorporated herein. 

§ 27. This act is declared to be a public act, and shall 
take effect and be in force from and after its passage. 

In force April 2(3/1869. 

ourt 



CITIES AND TOWNS. 



In force April AN ACT supplementary to the several acts relating to towns and cities in 
15, 1869. this state wliich provide for the election of justices of the peace and 

police magistrates for a less term than four years. 

Section- 1. Be it e?iaoted by the People of the State of 
llUnois, represented in the General Assembly, That all 

Term of office. ^^'"^^ ^r pai'ts of acts heretofore passed by the general as- 
sembly providing for the election of any justices of the peace 
or police magistrates, in any cities or towns in this state, 
for any term of office less than four years, be and the same 
are hereby so amended .as to make the terra of office of 
such justices of the ])eace and police magistrates four years 
instead of the term limited in such acts or parts of acts ; 
and that all acts which may be hereafter passed providing 
for the election of any justices of the peace or police magis- 
trates for any term of ofiice less than four years shall be so 
construed as to make the terra of office of such justices of 
the peace and police magistrates four years instead of the 
term limited in such acts. 

Act to apply. § -^- Tills act shall apply to all acts passed by the gene- 
ral assembly at its present session, incorporating cities and 
towns. 

§ 3. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 
Approved April 15, 1869. 



In force April AN ACT supplemental to several acts of the twenty-sixth general assembly 
^^' ■'^^^" iu relation to the organization of cities and towns. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That so 
much of all acts and parts of acts providing for the organi- 



1869 CITIES AND TOWNS — COUNTY COUKTS. 1-15 

zation of cities and towns, passed by the twenty-sixth 
general assembly, which, by the terras thereof, exempts 
i'rom taxation any property, other than that used and en- 
joyed for school, religions and charitable purposes, within 
the limits of said proposed cities and towns, is hereby 
repealed. 

§ 2. This act shall be a public act, and take effect and 
be in force from and after its passage. 

Appeoved April 15, 1869. 



AN ACT supplemental to several acts of the twenty-sixth general assembly In force April 
in relation to thcj organization of cities and towns. ^^' ^3^^' 

Section 1. Be it enacted ly the Feople of the State of 
Illinois, represented in the General Assembly, That so 
much of all acts and parts of acts providing for the organi- 
zation of cities and towns, passed by the twenty-sixth 
general assembly, which, by the terms thereof, exempts 
from taxation any property, other than that used and en- 
joyed for school, religious and charitable purposes, within 
the limits of said proposed cities and towns, is hereby 
repealed. 

§ 2. This act shall be a public act, and take effect and 
be in force from and after its passage. 

Approved April 15, 1869. 



COUNTY COURTS. 



AN ACT to repeal an act entitled " An act to ame.'id an act establishing In force March 
county courts, approved February 12th, 1849, and to extend the juris- 37,1860. 
diction of the county courts of Crawford, Jasper, Cumberland, Lawrence, 
Richland, Clay, Hamilton, Rock Island and Mercer counties," approved 
February 21st, 1863, so far as said act applies to the county of Craw- 
ford. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That the 
act of the general assembly extending the jurisdiction of 
the county courts of Crawford, Jasper, Cumberland, Law- 
rence, Eichland, Clay, Hamilton, Rock Island and Mercer 
—19 



146 COUNTY COUHTS. 1860 

counties, approved February 21, 1863, so far as the same 
relates to the county court of Crawford county, be and the 
same is hereby repealed : Provided, that this act shall not 
prohibit said county court from completing all business now 
before it under its extended jurisdiction. 

§ 2, This act shall be deemed a public act, and take 
effect from and after its passage. 

Appkoved March 27, 1869. 



In force June AN ACT to amend an act entitled "An act to extend the jurisdiction of 



19, 1869. 



the county courts of Grundy and Livingston counties," approved February 

15, 1855. 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represinted in the Q-eneTal Assemhlij, That so 

Terms. much of Said act as applies to Grundy county be and the 

same is hereby so amended as to abolish the December 
term of said court, and to change the time of holding the 
March and September terms thereof to the first Monday of 
February and October, 

Juries. § 3. The board of supervisors of said county shall se- 

lect the juries for the February and October terms of said 
court in lieu of the March and September terms, as now 
fixed by law. 

Docket fee. | 3. Said court may continue its sessions until all busi- 

ness before it shall be disposed of; and the docket fee 
provided for in the original act shall be reduced to one 
dollar. 

Repeal. § 4. AH acts conflicting herewith are hereby repealed. 

Judgments, etc. g 5^ T\\\i act shall not invalidate or impair any judg- 
ment, order or decree heretofore entered of record in said 
court, nor sliall this act take eflfect until sixty days after 
the adjournment of the present general assembly. 
Approved March 30, 1869. 



in force March AN ACT to regulate the terms of the county court of LaSallc county, and 
^tl'^6^- to regulate the practice in said court. 

Section 1. Be it enacted hj the People of the State of 
Illinois^ represented in the General Assembly, That, here- 
TBrms. after, there shall, in each year, be held three terms of the 

county court of LaSalle county for the transaction of busi- 
ness, jurisdiction whereof was conferred upon said court by 



1869 COUNTY COUSTS. 14:7 

the act of the general assembly, approved February 27, 
1854, entitled "An act to amend an act establishing county 
courts, approved February 12, 184-9, and extending the 
jurisdiction of the LaSall'e, Winnebago, Boone and Mc- 
Henry county courts," and by the acts of the general 
assembly, approved February 16, 1865, entitled "An act 
to extend the jurisdiction of the county court of LaSalle 
county" — as follows, viz : One commencing on the first 
Monday in January, one commencing on third Monday in 
March, and one commencing on the first Monday in Sep- 
tember : Provided, that the March term, A. D. 1869, of 
said county court shall commence on the first Monday in 
March, A. D. 1869, as nov?- provided by law. 

§ 2. The terms of said court provided for by this act Terms to con- 
and the March term, A. D. 1869, thereof, shall continue "^"^•'p^'^- 
open for such length of time as the judge thereof shall 
deem necessary for the transaction of the business : Provi- 
ded., that nothing in this act or the acts referred to in the 
first section of this act, shall be so construed as to prevent 
the said county court, as a court of probate, from transact- Probate com-t. 
ing such business, relating to the settlement of estates of 
deceased or insane persons, minors and insolvent debtors, 
as now provided by law, at any time during the terms of 
said court provided for by this act. 

§ 3. No plea of the general issue shall be filed, in any pieaof general 
case instituted in said court, for the collection of money ^^*'^®- 
upon promissory notes or bills of exchange, unless the same 
shall be accompanied with an affidavit of the defendant, 
his attorney or agent, that the same is not intended for de- 
lay merely, but that justice may bo done. 

g 4. The judge of said court may, if he deem it neces- Jury, 
sary for the transaction of business, reqaire a jury to be 
summoned and returned for the trying of all issues and 
matters at the January term of said court, and direct the 
issuing of process therefor. Traverse jurors, for the March 
and September terms of said court, shall be selected or 
ordered to be summoned as now provided by law. 

§ 5. All acts or parts of acts in conflict with this act, so Eepeai. 
far as the same relate to the terms of said court, are hereby 
repealed. 

§ 6. This act shall be a public act, and shall take effect 
and be in force from and after its passage. 

Approved March 6, 1869. 



Repeal. 



148 COUNTY COURTS — COUNTY JUDGES. 1869 



In force March ■'^^'^ ^CT to repeal an act entitled "An act to extend the jurisdiction of 
12, 1809. the county court of ilarion county. 

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 extend the jurisdiction of the county 
court of Marion county," approved March 9th, 1867, be 
and the same is hereby repealed. 
Suits transfer- § 2. All suits and proceedings now pending and unde- 
red^^to circuit termincd in said court, and which became cognizable in 
said court by virtue of the extension of the jurisdiction 
under said act, shall be transferred by the clerk of said^ 
county court to the office of the clerk of the circuit court of 
said county, and it shall be the duty of the clerk of the cir- 
cuit court of said county to docket such cases, and the circuit 
court shall proceed the same as in other cases. 
Secretary to § 3. The Secretary of state shall immediately transmit, 
transmit copy, to the clcrk of the cii'cuit court and to the clerk of the 
county court of said Marion county, a certified copy of this 
act. 

§ 4. This act shall take effect and be in force from and 
after its passage. 

Approved March 12. 1869. 



COUNTY JUDGES. 



In force March AN ACT to provide for filling vicancies in the office of county judges. 

30, 18119. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented In the General Assembly, That in case 
of any vacancy in the office of county judge in this state 
within one year of the time fixed by law ibr the election 
of county judges, it shall be the duty of the governor to 
appoint a judge to fill such vacancy, who shall hold his 
office until the time fixed by law for the election of such 
judges ; but if any vacancy shall occur more than one year 
previous to the time fixed by law for the election of such 
judges, it shall be the duty of the governor to issue a writ 
of election to the county in which such vacancy may occur, 
fixing the time for the holding of an election to fill such 
vacancy, and requiring the sheriff of such county to give 
twenty days' notice of the time of holding such election, 
which election shall be conducted in the same manner as if 



1S60 COtJNTY JTJDGES. 149 



the election of such judge had taken place at the regular 
time fixed by law. 

§ 2. This act shall be in force from and after its 
passage. 

Approved March 30, 1869. 



AN ACT to amend an act entitled "An act to provide for tho compensa- In ^2-'"'^?g?9*'"^^ 
tion of county judges," approved February 26, 1867. ^' 

Sectiox 1. £e it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That so 
ranch of section two of the above entitled act, approved 
February 26, 1867, as exempts Tazewell county from the 
eflects and operation of said act, be and the same is hereby 
repealed ; and that the provisions of said act, to which 
this is an amendment, are hereby extended to Tazewell 
county. 

§ 2. This act shall be in force from and after its 
passage. 

Approved March 25, 1869. 



AN" ACT to provide for an interchange of holding court by the judge of the In force March 
county court of Cook county, and the judges of the various courts of re- ^'*' ■'^"^• 
cord in Cook county. 

Section 1. Be it enacted hy the People of the State of 
Ullnois, represented in the General Assembly, That any 
of the judges of the various courts of record in said Cook 
county may, in case of the absence or sickness of the judge 
of said county court of Cook county, hold the said county 
court of Cook county at the request of the judge thereof. 

§ 2. This act shall be deemed a public act, and all acts 
or parts of acts inconsistent herewith are hereby repealed, 
and this act shall be in full force and effect from and after 
its passage. 

Approved March 30, 1869. 



150 COUNTY JUDGES, 1869 



Ii foi'ce March AX ACT to provide for additional compensation to the county judge of Jo 
' ■ Daviess county, in this state. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly^ That the 
exceed^$f2oV° board of supervisors of JoDaviess county, in this state, are 
hereby authorized to vote such additional compensation to 
the county judge of said county, in addition to the compen- 
sation now allowed by law, as shall, by said board, be 
deemed proper : Provided, that the entire amount paid, 
both of per diem and allowance, shall not exceed the sum of 
twelve hundred dollars, 
during term^of § 2- Whatever provision shall be made under section 
incumbent. one of this act shall be made at the annual meeting of said 
board in the year eighteen hundred and sixty-nine, and 
quadrennially thereafter; and no change in the amount 
of allowance shall be made during the term of any person 
holding said office which shall affect the person then hold- 
ing said office. 

Approved March 30, 1869. 



I ^4^f8r^^'*'^*^'^ ^^ ACT to extend the Jurisdiction of the county judge of Lee conuty, Illinois, 
where acting as a justice of the peace. 

Section 1. Be it enacted hy the People of the State of 
. Illinois, represented in the General Assembly, That, here- 
countV'^ Tudge after, the county judge of Lee county, where acting as jus- 
estended. ^^^^ ^i^ t^^ pcacc, shalJ havc jurisdiction in all actions in 
which justices of the peace in the state of Illinois have ju- 
risdiction, and in which the amount claimed does not ex- 
ceed six hundred dollars ($600). 
Change of § 2. Change of venue shall be allowed in all cases 
pending before said judge, when acting as aforesaid, as now 
allowed by law, where the amount claimed does not exceed 
one hundred dollars, and in no other cases. 

§ 3. This act shall be a public act, and be in force from 
and after its passage. 

Approved March 4, 1869. 



venue 



1869 COUNTY JUDGES — COUNTY EEGORDS. 151 



AN ACT to amend an act entitled "An act to extend the jurisdiction of In force March 
tbe county judge of Will county, Illinois, while acting as a justice of the ^^' •^^^^• 
peace." 

Section 1. Be it enacted by the Peo])le of the State of 
Illinois, rejyresented in the General Assembly, That changes 
of venue shall be allowed in the same manner now allowed 'Jurisdiction of 
by law in cases where the amount in controversy does not extended.'''^ ^^ 
exceed one hundred dollars, in all cases pending before the 
county judge of Will county, when acting as a justice of 
the peace, to the next nearest justice of the peace ; and 
whenever such change of venue is taken the said justice of 
the peace shall have equal jurisdiction with said county 
judge. ' \ 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 13, 1869. 



COUNTY RECORDS. 



AN ACT to legalize certain records of the county court, and board of su- in force March 
pervlsors of Iroquois county. 9, 1SU9. 

Whereas, in October, A. D. 1866, the records of the Preamble, 
county court, and the board of supervisors of Iroquois 
county, were partially destroyed by fire ; and whereas, by 
orders of the county court and the board of supervisors of 
said county, the county clerk of said county has copied all 
of said partially destroyed records, so far as the same were 
legible ; therefore, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all 
copies 60 made, by the county clerk of said county, of the copies of de- 
records partially destroyed as in the preamble to this act ^*^°y^'^'^®<=°'^'^^- 
recited, be and the same are hereby declared to be prima 
facie evidence of the matters and things therein stated. 

§ 2. This act shall not be construed to supersede or re- 
peal an act now in force to provide for restoring said re- 
cords, only so far as the same may be inconsistent with this 
act. 

Approved March 9, 1869. 



152 COUNTY KEGORDS — COUNTY SEATS. ISC'J 



In force March AN ACT relating; to the recorda of the county court of Marshall county. 
25,1869. ° ■' •' 

Preamble. Whereas, tlie records of the county court of Marsliall 

county relating to probate business were informally kept, 
during the time Washington E. Cook was clerk of said 
court and during the time Jason R. Chapman was clerk of 
said court, and the proceedings, orders, judgments and de- 
crees of said court were, during said time, imperfectly re- 
corded ; therefore. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General AssemUy, That said 

. Records legal- records are hereby legalized ; and all entries on the books 

and records of said court, of the allowance of claims 

against estates, which have been kept by headed lists and 

columns, in figures and abbreviations, used in such record, 

Liberally con- shall be taken and construed liberally and according to the 

strued, evident intendment of said county court; and when- 

ever it appears from said imperfect records that any claim 
or claims were allowed against any estate by said county 
court, the same shall have the same force and effect of an 
order and judgment, as fully as if written out in a formal 
order of judgment, separately, whenever it shall appear by 
the records of said court that the same was so intended by 
said count}^ court. 

§ 2. This shall be deemed a public act, and be in force 
from and after its passage. 
Approved March 25, 1869. 



COUNTY SEATS. 



In force March AN ACT to provide for the removal of the county seat of Knox county. 
10, 1869. ' 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That an 
Knox county election shall be held in the county of Knox, in the state of 
movauf county Illinois, at the usual places of holding elections, onthe iirst 
Tuesday in April next, at the usual places of holding elec- 
tions in said county, at which election the legal voters of 
said county shall be entitled to vote for or againsl the re- 
moval of the county seatot said county from Knuxville to 
the city of Galesburg. 



seat 



1869 COUNTY SEATS. 153 

§ 2. Such election shall be by ballot, and the ballots eS^!' ""' 
shall be " For Removal " or " Anjainst Removal." Such 
election shall be held in the several towns by the same offi- 
cers, and governed by the same rules as the election in such 
towns for town officers, and in the several wards of the city 
of Galesburg by the same officers, and governed by the 
same rules as tlie elections in said city for city officers. 

§ 3. The result of said election in the several towns in ^.Result of eiec- 
the county, and in the several wards in the city of Gales- 
burg, shall be ascertained in the usual manner, and be prop- 
erly" attested by the board of said election ; and the result 
of said vote "for removal" and "against removal" shall 
be returned to the clerk of the county court by one of said 
board of election, within four days after said election ; and 
the votes of the several towns and wards, when so re- 
turned, shall be canvassed in the same manner as now pro- 
vided by law in the case of elections for county officers ; the 
result of which canvass shall, by the clerk of the county- 
court, be spread upon the record of the board of supervi- 
sors, and also by him to be duly certified to the secretary of 
state. 

§ 4. If a majority of the votes cast for or against re- ingg"|^'jfroJfs"o^^ 
moval shall be for removal, then the county seat of said foratGa'es^ours 
county shall be and remam at the city of Galesburg ; and 
it shall be the duty of the board ot supervisors of said 
county to secure suitable buildings for the public offices of 
the county, for the contineraent of prisoners, for the meet- 
ings of the board of supervisors, and for holding the cir- 
cuit and county courts at the city of Galesburg ; and until 
the erection of county buildings, for all the purposes afore- 
said, it shall be lawful for the board of supervisors to pro- 
cure temporary accomodations by lease, license or hiring, 
and said board [ofj supervisors shall be authorized to pro- 
cure and receive, by purchase, grant or donation, suitable 
grounds within the city of Galesburg for the erection of 
public buildings for the purposes aforesaid. 

§ 5. Until the election herein provided for shall have vote necessa- 
been held, no appropriation shall be made or expenses in- ''y''PP'°P"'^t^<^° 
curred by the board of supervisors of said county for public 
buildings, except by a vote of two-thirds of the members of 
the board. 

§ 6. The board of supervisors shall, before the time commissioners 
fixed for said election, appoint a board of five commission- rf^p^^i^'ic build- 
ers, to be called the commissioners of public buildings, 
whose duty it shall be to provide for and superintend the 
removal of the county records, and other property of the 
county, in case a majority of the voters of said county shall 
vote for removal. 



—20 



154 COUNTY SEATS. 1869 

et?'^^*' grants, g 7_ Said Commissioners shall have power, before the 
said election, to receive from persons or corporations, gifts 
of money or property for the use of the county, or con- 
tracts for the payment of money, or conveyance of proper- 
ty to the use of the county, or for services to be rendered 
to the county, such gifts and contracts to be irrevocable, 
but subject to such conditions as may be therein named, 
and void if a majority of the votes cast, as aforesaid, shall 
not be for removal. 
Powers of § 8. The commou council of the city of Galesburg, in 

common coun- j^gj^alf of Said city, shall have power to contract with said 
commissioners conditionally as aforesaid, for the payment 
of money by said city to the said county, to be used in pur- 
chasing grounds and erecting public buildings for the use 
of the county, and expenses attending the removal of the 
county seat, and to contract for the purchase and convey- 
ance of real estate, for the use of the county, and for erect- 
ing pnblic buildings, and for procuring suitable buildings 
and other accommodations, for the temporary use of the 
county, or for the use of the county for a term of years. 
Further pow- § ^- The commou council of the city of Galesburg, in 

<^i's- behalf of said city, shall have farther power to contract wuth 

said commissioners to secure to said county the right to oc- 
cupy with county buildings the public square in said city or 
other public property, or property of the city, within said 
city. 
Copies of ecu- § 10. Said Commissioners shall causo to be placed in the 

nwhed'' kludges hands of One of the judf^es of election in each precinct or 

ofeiection. voting place in the county, before voting shall commence, 
printed copies of all contracts made as aforesaid, by and 
with said commissioners, in behalf of the county, each of 
said copies to be duly attested by the signatures of at least 
two of said commissioners ; and no agreement or contract 
of said commissioners, modifying or revoking any contract 
made with them, of which copies shall, as aforesaid, have 
been deposited with the judges of election, shall have any 
force, unless a copy of such agreement or contract ot revo- 
cation or modification shall, before voting shall commence, 
be placed in the hands of a judge cf election in each precinct 
or voting place in the county. It shall be the duty of such 
judges of election to keep all such papers open to the inspec- 
tion of the voters, but any failure on the part of any of the 
judges of election so to do shall not invalidate such elec- 
tion. 
Certain obii- § 11. The board of supervisors of said county shall 

bfreJeaeed. ^° have no power to cancel or release any obligation of any 
person or corporation created by or growing out of any 
contract made with said commissioners, nor to refund any ' 
money paid in accordance with any such contract, or on con- 
(jition of the removal of the county seat, or the erection of 



1869 COUNTY SEATS. 151 

county buildings, if the county seat shall be removed and 
the county buildings erected, nor to make any appropria- 
tions of money as compensation for money paid, property 
conveyed or services rendered, in consideration of the re- 
moval of the county seat or the erection of county build- 
ings. 

§ 12. The board of supervisors shall have power, in^^^^i*^^- 
case of the removal of the county seat, to levy an annual 
tax, not greater than one-fourth of one per cent., on the 
valuation of the property of said county, the proceeds of 
such tax to be applied exclusively to the payment of obli- 
gations incurred in such removal, and the erection of coun- 
ty buildings. 

§ 13. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved March 10, 1869. 



AN ACT to re-locate the county seat of Heoderson county. In force March 

•^ 4, 1869. 

Sectiox 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That at the 
election to be held on Tuesday next after the first Monday jaJ°J°*^ *''' '■®' 
in November, in the year of our Lord one thousand eight 
hundred and sixty-nine, in the county of Henderson, a poll 
shall be opened at each of the election precincts in said 
county, for and against the removal of the county seat of 
said county from its present location at Oquawka to a point 
within two hundred rods of the southwest corner of section 
sixteen, in township ten north, of range four west of the 
fourth principal meridian ; at which election, the qualified 
voters of said county may vote upon the question of re- 
moval. Those desiring the removal shall have written or 
printed on their ballots " For removal^" and those desiring 
the county seat of said county to remain at Oquawka shall 
have written or printed on their ballots "Against removal." 

§ 2. When the county clerk of said Henderson county Koticeofei c- 
gives notice of the election to be held in said county, on 
the Tuesday next after the first Monday in November, in 
the year of our Lord one thousand eight hundred and sixty- 
nine, it shall be his duty to state, in said notices, that said 
polls will be opened at the election precincts in said county, 
according to the provisions of this act. 

§ 3. The_ judges and clerks of said election shall make Returns. 
returns of said election in the manner and time now provi- 
ded by law in regard to other elections in this state. 



156 COUNTS SEATS. 186^ 

Removal. § 4, When the returns of said election are made to the 

clerk of the county court of said county, the same shall be 
opened and counted in the same manner as other returns 
are required by law to be opened and counted, and the said 
clerk shall make out a linal certiticate, showing the result 
of said election, and spread the same upon the records of 
said county court; and if it shall appear that a majority of 
the voters of said county have, at said election, voted for 
removal, then said point, within two hundred rods of the 
southwest corner of section sixteen, in township ten north, 
of range four west, of the fourth principal meridian, shall 
be and remain the county seat of said county ; and it shall 
be the duty of the said county court of said county, as soon 
thereafter as may be, to erect or secure thereat suitable build- 
ings for the public otScers of said county, and also a suitable 
place for holding courts thereat ; and when suitable build- 
ings are erected or procured, the offices, records, books, 
papers and furniture of said county shall be removed there- 
to by the several county officers ; and the circuit and 
county courts for said county shall be held and county 
business shall be transacted at said point, within two hun- 
dred rods of the southwest corner of section sixteen, in 
township ten north, of range four west of the fourth princi- 
pal meridian. 

tio^"°efc ^°^^' § ^' "^^^^ county court of said county may receive any 
grant, donation or demise made by any person or persons, 
for the purpose of defraying the expenses of the removal 
of said county seat, and for the purpose of erecting suitable 
county buildings at said point mentioned in sections one 
and four of this act ; and all the subscriptions, grants, do- 
nations and demises for said purpose shall be legal and 
binding upon the said subscribers and donors, for the said 
purpose ; and any bond or bonds, guarantee or guarantees, 
given by any person, persons or corporation, that the said 
subscriptions or donations shall be paid in good faith to 
said county, or the county court thereof, shall be legal and 
binding, and collectable from the said person, persons or 
corporation, so giving them, in the same manner as other 
contracts are now enforced by law. Said county court are 
hereby authorized to sell and convey any lands that may 
be granted or donated as aforesaid, in the name of the 
county court ; and such conveyance shall be executed by 
the county judge and county clerk of said county, and the 
proceeds expended under the order of the county court, for 
the purposes aforesaid. 

§ 6. This act shall take effect and be in force from and 
after its passage. 

Appkoyed March 4, 1869. 



1SG9 OOUNTY SElTS. 167 



AN ACT to provido for the re-location of the county seat of Woodford la force Feb. 
county. ■ «'1S69. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That an 
Glecuou shall be held in the county of Woodford, in the ^^^^^^^'^ °^^'^' 
state of Illinois, at the asual places of holding elections in 
said county, on the first Monday in May, A. D. 1869, at 
which election the legal voters of waid county shall be en- 
titled to vote for or against the removal of the county seat 
of said county from its present location to the town of 
Eureka, in said county. 

§ 2. Said election 'shall, in all respects, be governed by ^Election, man- 
the laws of this state governing elections. The ballots cast 
at said election shall have the words " For Removal," or 
"Against Removal," written or printed on the same, and if 
a majority of the legal votes cast at said election shall be 
for removal, then the county seat of said county of Wood- 
ford shall be and remain at said town of Eureka. The 
returns shall be made and. the votes cast at said election 
shall be canvassed as in other county elections. 

§ 3. If a majority of the votes cast at said election shall npoJ^e^^o^ai^^ 
be for removal, then it shall be the duty of the clerk of the 
county court to issue notice, and convene the board of su- 
pervisors of said county at the court house, in Metamora, 
within ten days after the result of said election shall have 
been determined. Said supervisors, when so convened, 
shall appoint a committee, of not less than five of their 
number, whose duty it shall be to proceed, without delay, 
to provide suitable buildings for holding the difierent 
courts, as well as for oflices to accommodate the different 
county officers, at said town of Eureka. Said committee 
shall, with the assistance of the difi'erent county officers, 
take charge of all books, records, papers, desks, safes and 
other oflice furniture belonging to the difi'erent county ofli- 
ces, and remove the same to said town of Eureka without 
unnecessary delay. 

§ 4. If the vote shall have been in favor of removal, the conrt house, 
corporate authorities of said town of Eureka shall convey, 
by deed, a certain lot or piece of ground, known as the 
public square, in said town, to the board of supervisors, for 
the use of said county, upon which lot the court house shall 
be built ; in addition to the foregoing, if a majority of the 
legal voters at said election vote for removal, then the 
said corporate authorities of Eureka shall pay or secure to 
be paid to said board of supervisors, a sum of money equal 
to the cash value of the present court house and jail now 
owned by said county : Provided, said board of supervisors 
and said corporate authorities neglect, or for any cause fail 



r 



158 



COtTNTlES. 



1869 



to ao;ree upon said valuation, then it shall be the duty of said 
committee of Hve appointed by this act to select some one 
competent person, who is not a resident of said county, and 
the said corp(>rate authorities of the town of Eureka to se- 
lect a like competent and disinterested person, and they 
two to select a third like competent, disinterested person, 
whose duty it shall be to meet at Metamora, in said county, 
on some day to be fixed by them, and, after bein^ sworn 
by some justice of the peace, shall proceed to view said 
court house and jail and agree upon the present cash value, 
which amount so agreed upon shall be the amount to be 
paid or to be secured to be paid to said board of supervi- 
sors of said county, to be expended by, them in erecting 
new public buildings for the use of said county; said court 
house, when built, to be on said public square, in said town 
of Eureka. Nothing in this shall hinder, prevent or delay 
the removal of said county seat : Provided^ the vote shall 
be in favor of removal, 

§ 5. If a majority of the legal voters of said county 
shall vote for removal, the board of supervisors of said 
county shall have power and it is hereby made their duty 
to proceed, without unnecessary delay to raise money 
either by taxation or otherwise ; which money, so raised, 
shall, with the funds already herein provided for, be ex- 
pended in the erection of suitable court house and jail in 
said county. 

§ 6. There shall be made and kept, for the use of the 
election herein provided for, a register of the voters of said 
county, said register to be made and kept as registers for 
other elections, as now by law provided. 

§ 7. This act shall be deemed a publ c act, and shall be 
in force from and after its passage. 

Approved February 9, 1S69. 



Building funds. 



Register 

voters. 



COUNTIES. 



In force March AN" ACT to enable cauuties to establisli County Normal Schools. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemlly, That in each 
county adopting township organization, the board of super- 



1869 COUNTIES, 159 

visors, and in other counties the county court, may establish ^ai'^^'^'^fchoois" 
a county normal school for the purpose of titting teachers how established 
for the common schools. That they sliall be authorized to 
levy taxes and appropriate moneys for the support of said 
schools, and also for the purchase of necessary grounds and 
buildings, furniture, apparatus, etc., and to hold and acquire, 
by gift or purchase, either from individuals or corporations, 
any real estate, buildings or other property, for the use of 
said schools, said taxes to be levied and collected as all 
other county taxes : Provided^ that, in counties not under 
township organization, county courts shall not be authorized 
to proceed under the provisions of this act until the subject 
shall have been submitted to a vote of the people, at a gene- 
ral election, and it shall appear that a majority of all the votes 
cast on the subject, at said election, shall be in favor of the 
establishment of a county normal school. The ballots used 
in voting on this subject may read "for a county normal 
school," or ''against a county normal school." 

§ 2. The management and control of said schools shall js^-efted^^"*"^"^ 
be in a county board of education, consisting of not less 
than live nor more than eight persons, of which board, the 
chairman of the board of supervisors or the judge of the 
county court, as the case may be, and the county superin- 
tendent of schools, shall be, ex officio^ members. The other 
members shall be chosen by the board of supervisors or 
county court, and shall hold their offices for the term of 
three years. But at the first election one-third shall be 
chosen for one year, one-third for two years, and one-third 
tor three years, and thereafter one-third shall be elected 
annually. Said elections shall be held at the annual meet- 
ing of the board of supervisors in September, or at the Sep- 
tember term of the county court, as the case may be. 

§ 3. Said board of education shall have power to hire powers of 
teachers, and to make and enforce all needful rules and zatTor-rep'oS!" 
regulations for the management of said schools. A majority 
of said board shall constitute a quorum for the transaction 
of business, and a meeting of said board may be called at any 
time by the president or secretary, or by any three of the 
members thereof. Said board shall proceed to organize, 
within twenty days after their appointment, by electing a 
president, who shall hold his office for one year, and until 
his successor shall be appointed. The county superintendent 
shall be, ex-ojjicio, secretary of the board. Said board shall 
make to the board of supervisors, at their annual meeting 
in September, or to the county court at the September term, 
as the case may be, a full report of the condition and expen- 
ditures of said county normal school, together with an esti- 
mate of the expenses of said school for the ensuing year. 

§ 4. Two or more counties may unite in establishing a counties may 
normal school, in which case the per cent, of tax levied for ^'^^''^■ 
the support of said school shall be the same in each county. 



tion allowed. 



1(50 COUNTIES. 1869 

Schools here- § 5 j^ all counties that have already established noriiml 

tofore establish- i*^ t , . ,.11 1 ,. *^ • 

ed legalized. schools, the action ot the board of supervisors in so doins:, 
and all appropriations made by them for their support, are 
hereby legalized; and said boards of supervisors are hereby 
authorized and empowered to make further appropriations 
for the support of such schools already established, until 
such schools shall have been established under the previous 
sections of this act. 
No compensa- § G. No member of the aforesaid county board of ednca- 
tioQ shall be entitled to compensation tor services renderea 
as a member of such board. 

§ 7. This act shall be in force from and after its pas- 
sage. 

Approved March 15, 1869, 



In force March AN ACT to authorize county courts a,nd boards of supervisors to vacate 
25, 1869. streets and alleys, or parts thereof, in unincorporated towns and vil- 

lages. 

Section 1. Beit enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 

To vacate on county court or, in counties adopting township orgaiiiza- 
petition. tion, the board of supervisors ot any county in this state, 

upon the petition of the owner or owners of the adjoining 
property, shall have the same power to vacate the streets 
and alleys, or parts thereof, in any unincorporated town or 
village, or laid out upon or b}^ any town or village plat or 
addition thereto, of such county, the territory of which shall 
not lie within the limits or under the jurisdiction of any 
incorporated city, town or village, as is vested by the gene- 
ral laws of this state in the corporate authorities of cities 
and incorporated towns and villages within their respective 
jurisdiction. 

Previotis notice. § 2. Before acting on such petition, notice of the time 
and place when and where the same shall be presented, 
shall be given by publishing such notice four weeks suc- 
cessively, previous to presenting said petition, in a news- 
paper published in said county, and posting copies of such 
notice, four weeks previous to presenting such petition, in 
three of the most public places within the limits of the ter- 
ritory laid out or described by such plat or addition, or in 
three of the most^public places in the neighborhood thereof. 
The certificate of the printer or publisher of such newspa- 
per shall be sufhcient proof of publication. 
Effect npon § 3. Upon filing for record, in the office of the clerk of 

copy^ '^^'■^^^'^'^ the circuit court of such county, a certified copy of the 



1869 COTTNTIES. 161 

order, the street or alley, or part thereof, declared or order- 
ed bj such county court or board of supervisors to be 
vacated, shall be deemed and become vacant, and the right 
to the public therein shall cease and vest in the owners of 
the real estate adjoining the same. The costs of such vaca- 
tion and record shall be taxed upon and paid by the owners 
of the adjoining property petitioning for such vacation. 

§ 4. This act fahall be in force from and after its pas- 
sage. 



AN ACT to repeal an act entitled "An act to amend an act entitled 'an In ^^J"'^fs6^'^'^* 
act to perfect the line between Rock Island and Whiteside counties.' " ' 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That an act 
entitled "An act to amend an act entitled ' an act to perfect Repeal, 
the line between Rock Island and Whiteside counties,'" 
approved March -Ith, 1851:, is hereby repealed, 

§ 2. This act shall not affect the collection of taxes for noTaSd^^'^^ 
the year 1868, as levied in said county of Rock Island. 

§ 3. This act shall be a public act, and take effect from 
and after its passage. 

Approved March 29, 1869. . 



AN" ACT to repeal section two of an act entitled "An act giving the coun- In force March 
ties of Alexander and Pulisiii concurrent jurisdiction over Cache river, 35, 1869. 
and for other purposes," approved February 21, 1867. 

SECTioisr 1. Be it enacted by the Feople of the State of 
Illinois^ represented in the General Assembly, That sec- 
tion number two of an act entitled "An act giving the 
counties of Alexander and Pulaski concurrent jurisdiction 
over Cache river, and for other purposes," approved Feb- 
ruary 21, 1867, which said section repeals all acts declaring 
Cache river a navigable stream, be and the same is hereby 
repealed; and all acts repealed by said section number 
two are hereby re-enacted, and declared to be in full force 
and virtue. 

§ 2. This act shall be in force from and after its pas- 
sage. 

Approved March 25, 1869. 

—21 



162 eoTJi^ifis. 1869 



In force April AN ACT to authorize the election of a county surveyor for Brown county. 
5, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assemhly, That the 

Election. qualified electors of Brown county be and they are hereby au- 

thorized to elect, at the time hereinafter mentioned, a county 
surveyor for said county, to fill the vacancy occasioned by 
the death of Samuel S. Black, late county surveyor for 
said county; said election shall be held at the several 
places of voting in the several towns of said county, at the 
same time of holding the next town meetings in said coun- 
ty for the election of town officers. 

Election returns § 2. The retums of such election sliall be returned and 
canvassed in the same manner as they are at general elec- 
tions ; and an act entitled "An act for the registry of elec- 
tors, and to prevent fraudulent voting," approved February 
15, 1865, shall not apply to said election. 

§ 3. This act shall be deemed a public act, and take 
eflect from and after its passage. 
Approved April 5, 1869. 



In force March AN ACT to facilitate the assessment of real estate in the county of St. 
8, 1869. Clair. 

Section 1. Be it enacted hy the People of the State of 

Illinois^ represented in the General Assemhly^ That the 

Recorder to recorder of the county of St. Clair is hereby required to 

deliver deeds to deliver to the county assessor, when required b}' him, with- 
in oDe day after the same shall have been recorded and 
compared, all deeds and other instruments in writing filed 
in the recorder's office, by- which any change of ownership 
is made in any of the real estate of St. Clair county. 

Pi^t3 § 2. The assessor of said county shall have plats pre- 

pared, said plats to be paid for by an appropriation of the 
county court out of funds in the treasury in St. Clair coun- 
ty not otherwise appropriated, of all the.latids in said county ; 
said plats to be kept at the assessor's office for the use of 
the assessor in the assessment of real estate in said county, 
and the assessor shall, without any unnecessary delay, 
make such changes upon the said plats in his office as 
said deeds may require, and forthwith return said deeds to 
the recorder. 

A9ses8or to re- § ^- ^^ ^^^^ asscssor shall fail to return said deeds 

turn deeds. within two days after being delivered to him by the record- 
er, he shall be subject to a fine of five dollars for each and 



1869 COUKT, SDPEBME DAIRIES. 163 



every offense, to be recovered by a complaint made to the 
county court, who shall thereupon issue summons to the 
party in fault to appear forthwith, and if, upon hearing, the 
party in fault shall be found guilty, he shall be adjudged 
to pay said penalty into the county treasury. 

§ i. This act shall be in force from and after its pas- 



sage. 

Appeoved March 8, 1869. 



COURT, SUPREME. 



AN ACT in relation to practice in ttic supreme court. In force Marc 

•26, 1869. 

SECTioisr 1. Be it enacted hy the People of the State of 
Illinois^ representtd in the General Assembly, That in ail 
cases taken to the supreme court of this state, by appeal or 
writ of error, the appellee and defendant in error shall have 
the right to assign cross errors ; and it shall be the duty of 
said court to proceed in the disposition of such cases in the 
same manner as when cross errors are assigned by con- 
sent. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 2G, 1869. 



DAIRIES. 



AN ACT to protect butter and cheese manufacturers. 

Section 1. Be it enacted ly the Feoj)le of the State of 
Illinois^ represe7ited in the General Asse?nbly, That whoever 
shall knowingly supply or bring to be manufactured, to any 
cheese manufactory in this state, any milk diluted with 
water or in any way adulterated, or milk from which cream 
or milk commonly known as "stripping" has been taken, 
or whoever shall knowingly bring or supply raflk to any 



>D force March 
9, 1869. 



10 1 DIVORCE. 1869 

cheese factory that is tainted or partly sour for want of 
proper care in keeping pails, strainers or any vessel in 
which said milk is kept, clean and sweet, after being noti- 
fied or such taint or carelessness, or any cheese manufactu- 
rer who shall knowingly use or direct any of his employees 
to use, for his or their individual benefit, any cream, from 
the milk brought to said cheese manufactory, without the 
consent of alfthe owners thereof, shall, for each and every 
ofiense, forfeit and pay a sum not less than twenty-five 
dollars nor more than one hundred dollars, with costs of 
suit, to be sued for in any court of competent jurisdiction, 
for the benefit of the person or persons, firm or association 
or corporation, or their assigns, upon whom such fraud may 
be committed. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 9, 1869. 



DIVORCE. 



^" ^P'^^^.^'^P^'' AX ACT in relation to divorce, alimony and maintenance in certain eases 

o, 1SC9. ^ 1 . 

' of bigamy. 

Section 1. Be it enacted hy the People of the State of 

Illinois^ represented in the General Assemhly^ That any 

Divorce-all- "^^^^m^n who, in gond faith, has intermarried or may here- 

inoiiey and after intermarry with one who has, at the time of such 

maintenance. . ,. -^ ...... ,. ' , , i 

marriage, a former wife living, trom whom he haB not 
been divorced, shall not, by reason of such former marri- 
age, be debarred from suing for a divorce and recovering 
alimony and maintenance, but she may recover alimony 
and maintenance from the party whom she has so married 
in the same manner as is now provided by law in cases 
where parties have been lawfully married. 
Court to make § 2. It shall be the duty of the court, before making an 
order. Order touching alimony or maintenance in such cases, to 

ascertain the rights of such former wife or wives, if there be 
more tiian one ; and if such former wife or wives have not 
forfeited all claim to alimony and maintenance, to make 
such order touching the alimony or maintenance of the 
jietitionor as may be consistent with the rights of such for- 
rjier wife or wives. 



1869 DOGS. 165 

§ 3. The provisions of this act shall apply to suits now suits peBding. 
pending, and shall take effect and be in force from and 
after its passage. 

Approved April 5, 1869. 



DOGS. 



AN ACT to authorize and empower the several county courts and boards of In force June 
supervisors in the several counties of this state to provide for the levy 19,1869. 
and collection of a tax on dogs in their respective counties, and to im- 
pose fines and penalties in certain cases, and provide for the enforcement 
and collection of the same. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
several county courts and boards of supervisors of the seve- tcx, how levied 
ral counties in this state may, in their discretion, respect- 
ively, levy such tax upon dogs in their several respective 
counties, as they may see proper, not exceeding the sum of 
tvs'o dollars upon each dog, such levy to be made by order, 
resolution or ordinance, to be entered upon the minutes of 
such court or board at the time the same is made ; and it 
shall thereupon be the duty of the clerk of the county court 
in any county where such order, resolution or ordinance is 
made, to enter the same upon the minutes of such court or 
board, and he shall thereupon give to the county assessor ^ 

or all town assessors, as the case may be, notice of the mak- 
ing of said order, resolution or ordinance, by delivering or 
causing to be delivered to him or them written or printed 
notice of such ordinance, order or resolution, 

§ 2. It shall be the duty of such county assessor or such Yi^°l^ ^° ^® 
town assessors, as the case may be, in taking lists of taxable 
property, to require of every person or persons liable to 
taxation or assessment, to list, with his, her or their other 
property, any dog or dogs ot which he, she or they may be 
the owner or owners, or which shall resort or frequent the' 
premises occupied by such person or persons ; and the re- 
spective assessors aforesaid may require answers in refer- 
ence to the ownership of, or resorting or frequenting such 
premises by dogs, to be ffiven under oath, which oath shall 
be administered by such assessor, 

§ 3, It shall be the duty of the respective county clerks Tax, how ex- 
wliere such listing shall be made, to extend on the respec- 
tive tax book or books, for such county or towns, the sura 



166 DOGS. 1860 

so levied by such court or board upon such dog or number 
of dogs as appear so listed to oach person or persons afore- 
said, with the other taxes assessed against such person or 
persons, and the respective amounts shall be extended at 
the rate of such levy of said court or board against each 
dog so listed, and the same shall be collected as other taxes 
by the respective collectors. 

Nou-paymeut. § 4. It any such sum so extended shall be returned by 
such collector unpaid, it shall thereupon be the duty of such 
collector to call upon the person or persons against whom 
such sura shall be extended, and unless such person or per- 
sons shall make it satisfactorily appear to such collector 
y that the dog or dogs upon which such Ksting was made is 
or are dead or removed beyond the limits of the county, 
permanently to remain, it shall be the duty of such collec- 
tor to cause the warrant of some justice of the peace of said 
county to issue for the apprehension and arrest of such 
person or persons having so listed such dog or dogs and 
having so failed to pay the tax upon the same, and said 
delinquent or delinquents shall be forthwith brought before 
some justice of the peace for trial, and it shall be the duty 
of such collector to cause the proper proofs to be made be- 
fore such justice, and thereupon such dalinquent or delin- 
quents shall be adjudged gnilty of a misdemeanor, and 
shall enter against liim, her or them a fine of not less than 
five nor more than ten dollars, and the defendant or de- 
fendants shall stand committed until such fine and the costs 
of the proceedings shall be paid. 

Definition, § 5. The word dog in this act shall be held and con- 

strued, at all times and places, to mean an animal of the 
canine species. 
Dispositioa of § 6. All taxes hereby provided for shall be paid and 
accounted for by collectors, when collected, to the proper 
officer authorized by law to receive the same, and shall be 
applied for school, road or county purposes, as said courts 
or board of supervisors may determine. 

Practice. § '?'• ^^ alfproceediugs for the collection of fines under 

the provisions of this act, the people shall be plaintifils; 
and it shall be the duty of said collector to receive said 
fines, when paid, and pay over and account for the same as 
is herein directed with reference to taxes. 
Appkoved April 9, 1869. 



1869 DRAINAGE. Ut 



DRAINAGE. 



AN ACT to amend an act entitled "An act to facilitate the drainage of wet In force Apr: 



lands," approved February 16, 1865 ; also, to amend an act entitled "An 
act to amend the drainage law," approved February 25, 1867. 



14, 1869. 



Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
second section of the act entitled " An act to facilitate the section two 
drainage of wet lands," approved February 16, 1865, be "^^^'^''^• 
amended so as to read as follows : Hereatier, when any 
person or persons owning wet or overflowed lands, in any 
county in this state under township organization, desiring 
to drain the same, shall find it necessary to run across 
neighboring lands whose owner or owners will not make 
nor consent for a drain to be made across his, her or their 
lands, then the person or persons desiring the drain may 
make application to the said drainage commissioners, in 
writing, stating through whose premises, if known, it is 
necessary to run such drain in order to effect a proper out- 
let for the same ; and he, she or they shall also furnish to 
each owner or owners, his, her or their agent or agents, if 
known, through whose lands it is necessary to pass, ten 
days' notice, in writing, of the time and place the commis- 
sioners will meet to hear and examine such application for 
a drain, and in case any such owner, his, her or their 
agent, shall be unknown or shall be a non-resident of the 
county in which such drain is to be located, then such no- Notice. 
tice shall be posted in three public places near the land 
through which the drain is to pass. 

§ 2. That section three of the act last aforesaid shall be section three 
amended so as to read as follows: The commissioners ^™*^^^'^' 
shall agree upon a time and place when and where they 
will meet to determine upon such application, not more 
than thirty days from the date of the receipt thereof, and 
shall make out, in writing, a sufficient number of notices of 
the time and place of such meeting, which shall be served 
on the respective owner or owners, his, her or their agents, 
through which such drain is to pass, by the applicant or 
applicants therefor, as required by the preceding section of 
this act; and if anything shall prevent the meeting of the 
commissioners upon the day specified, then they shall, rts 
soon thereafter as possible, appoint another day for meet- May appoint 
ing, and they themselves shall give notice of such meeting '*°°*^*'''^^y- 
to the parties interested, as required in the preceding sec^ 
tion hereof; but if any one or more of the commissioners 
shall appear at the time and place fixed for the first meet- 



168 DRAINAGE. 1869 

ing, such commissioner or commisioners may proceed to 
select and associate with liimself or themselves oneormore 
competent person or persons not directly interested in the 
location of such drain, sufficient to make up the number 
constituting the board when all are present ; and in case 
commiFsion- either of such commissioners shall be an owner or interest- 

compete'ar ''to ^^ ^" ^^^ ^^^^ tlirough which such drain is to pass, such 

eerye. commi-jsloner shall not be competent to serve on such board, 

and his place therein shall be supplied in like manner as if 
he were absent ; and the board when so constituted shall 
proceed to hear and determine upon said drain in like man- 
ner and with like powers as thou2;h no vacancy had been 

Vacancy. Created therein by absence or interest on the part of any of 

the commissioners provided for by the first section of the 
said act. 
Section six § 3. That section six of the act last mentioned shall be 

amended. amended as follows: But if the person or persons through 

whose laud the drain is ordered to pass shall neglect or 
refuse to make or cause the same to be made within the 
time and according to the specifications fixed by the com- 
missioners, then and in that case, it shall be the duty of 
the commissioners, on being notified by the api)licant or 
any person interested, to proceed, as soon as practicable, 
and cause said drain to be made on as favorable terms as 
can be obtained, giving a reasonable time for completing the 
same, and shall thereupon assess the necessary cost of such 
drain against the land through which it is to pass, and shall 
return the same to the county clerk of the county in which 

Costs to be en- such ditch is iocatcd, who shall enter the amount so assess- 
ycer . ^^ i^pon the tax books of said county, with the other taxes 
against said lands, and such amount shall be collected and 
shall be a lien upon such land in the same manner as such 
other taxes ; and when the same shall have been collected, 
the amount shall be paid to the drainage commissioners, to 
be by them paid to the person or persons whom they shall 
Provisions ap- have procured to make such drain. The provisions of this 

fandi.^ ° * section shall be applicable to all lauds through which such 

drain is to pass, whether the same shall belong to residents, 

non-residents, railroad or other corporations or companies. 

Extended to § 4. That the provisions of this act and the several acts 

nSneg!"°^ *°^ to whicli this is an amendment shall be and the same are 
hereb}' extended to all cases where any person or persons, 
company or corporation is or shall be desirous of draining 
an}' coal land, bank or mine, in any county in this state 
which has or shall hereafter adopt township organization, 
for the purpose of working, mining or digging coal there- 
from, and shall also apply to water pumped or drawn from 
any such coal mine, bank or coal land to the surftice or 
running therefrom. 



1869 DRAINAGE. 169 

§ 5. This act shall be deemed a public act and shall be in Repeal- 
force from and after its passage ; and all acts or parts ot 
acts in conflict herewith are hereby repealed. 

Appeoyed April 14, 1S69. 



AX ACT to amend certain drainage acts herein mentioned. In force March 

27, 1869. 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois^ represented m the General Assernhly, That section 
thirteen (13) of an act entitled "An act to authorize the ^^endment. 
drainage of wet lands, in townships 41 and 42, in ranges 13 
and 14, and sections 1, 2, 11 and 12, in township 40 of 
range 13, and to incorporate the drainage commissioners 
for that purpose," approved February 15, 1855, be and the 
same is hereby so amended that in making the sales there- 
in authorized, the sale shall be of the smallest portion of 
ground (to be taken oif the east side of the premises) for 
which any person will take the same, and pay the assess- 
ment thereon, with interest and costs, including the costs 
of sale. 

§ 2. Whenever the commissioners shall determine to Dama^res- 
con8l;ruct any ditch, embankment, culvert, bridge, road, to^°asse83-Sow 
open or covered drain, or other work authorized by the act 
to which this is an amendment, or by the act amendatory 
thereof, approved February 28, 1867, the said commission- 
ers may appoint any two of their number, or any three 
other persons, for the purpose of assessing damages to land, 
over or upon which such improvement is proposed to be 
made, laid out or constructed; and, also, to assess the 
cost and expense of such improvement upon the lands 
deemed benefited, or to be benefited thereby, who shall 
proceed to inquire into and to the best of their ability, as- 
certain the damage each person, having an interest in the 
land over or upon which such improvement has been or ie 
to be made, laid out or constructed, will sustain thereby, 
also the benefits he or she will derive on account of such 
improvement, and also the benefit such improvement 
will be to other lands. In making such assessment, the 
persons so appointed shall determine and award to the 
owner or owners the damage to their property by reason of 
the making, laying out or construc<:ing of such improve- 
ment, which shall be awarded to them severally. And 
they shall, at the same time, ascertain the probable cost and 
expense of such improvement, including the costs of the 
proceeding for the making the same, and the probable bene- 



assessed. 



170 deainagE. l8C9 

tits which such improvement will confer upon property 
benefited, or to be benefited, by snch improvement; and 
if the benefits shall be found to be equal to or greater than 
the total cost and expense thereof, they shall apportion and 
assess the cost and expense thereof upon such property in 
the proportion in which the same shall be deemed benefited 
by such improvement. As soon as they shall have com- 
pleted, their assessment, as aforesaid, they shall make out, 
. and file with the secretary of said commissioners, an assess- 
ment roll, in which shall be set down, in the proper col- 
umns, the names of the owners when known, a description 
of the premises assessed, in words, letters or figures, or 
both, as shall be most convenient, the number of acres in 
each tract assessed, the amount of assessment upon each 
tract respectively, the damages, if any, allowed to the own- 
er thereof, and the balance, if any, to be paid to, or to be 
paid by, the owner thereof. 
Publication of § 3. When such assessment roll shall have been filed 
-dntles^oFcom- wlth the Secretary of said commissioners, he shall cause a 
missioners-Ap- noticc to be published in some newspaper of general cir- 
culation in the county of Cook, published in Chicago, for at 
least two successive weeks, giving notice of said assess- 
ment, mentioning the sections of land through which the 
same shall be located, and that said commissioners will at- 
tend, at some place and time, to be named therein, for the 
purpose of hearing objections to, and correcting such as- 
sessment ; and that all persons who may feel themselves ag- 
grieved by such assessment may appear and ofier objections 
thereto. And the commissioners, or a majority of them, 
shall attend, pursuant to such notice, and shall hear all ob- 
jections that may be made to such assessment either for 
damages or benefits. And they may adjourn, from time 
to time, until they shall have finished such hearing, pro- 
vided one or more of said commissioners may adjourn such 
meeting. And the said commissioners may correct, alter 
and change such assessment, and increase or diminish the 
amount thereof, or of any award of damages or assessment 
of benefits, or annul such assessment, or refer the same 
back to the same, or other persons for revision. When the 
said commissioners shall confirm such assessment, they 
shall enter an order to that eflect, and the secretary shall 
thereupon make a true copy of such assessment as corrected, 
noting thereon the time of the confirmation thereof, and 
deliver the same to the collector of such commissioners for 
collection ; and no person shall be allowed to appeal from 
such confirmation, or question the validity of such assess- 
ment, who shall not have made objection thereto at the 
time of the hearing of objections, as aforesaid ; and no ob- 
jections shall be heard upon such appeal except such as 
were made in writing at that time. 



1869 DRAINAGE. 171 

§ 4. All notices to be given under this act, and the act Notice. 
to which tb^'s is pi ai..endment, may be given in the name 
of the secretary of said commissioners, and it shall be suffi- 
cient if the petition, authorized to be made for judgment 
or other purpose, shall be signed by the secretary of said 
commissioners, and sworn to by any one of the commis- 
sioners; and it shall be competent to include in the same 
notice, or petition, different proceedings upon the same or 
several assessments. 

§ 5. All the rights, powers and duties mentioned in Jt'^fJ'^^i^'^- 

^1 y , 1 ^1 ° ' ^- 1 • ^1 <• i, -• 1 X' ed by this act. 

this act, and the act mentioned in the nrst section liereoi, 
shall extend to the land and section of country mentioned 
in the act amendatory of said act, approved i'ebruary 28, 
1867 ; and in assessing benefits, the assessment shall extend 
to all lands benefited by such improvement, whether the 
same lie within the tracts mentioned in said acts or not. 

§ 6. This act shall be a public act, and be in force from 
and after its passage. 

Appeoved March 27, 1869. 



AN ACT to amend an act entitled "An act to amend the drainage law," ajo- in force March 
proved February 'i5tb, 18G7, and apply the same to Henderson county. 8, 1869. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That, here- 
after, in the county of Henderson, the supervisors of roads ^^^ extended 
shall be and the same are hereby constituted, ex officio, to Henderson 
drainage commissioners in their respective road districts, ^°™'^- 
and, in addition to the powers they now possess, shall have 
the same authority, and may take the same proceedings as 
commissioners of highways in counties adopting township 
organization may now take, under an act entitled "An act 
to amend the drainage law," approved February 25th, 

§ 2. ,The said commissioners shall note their decision practice. 
on the back of the application, as now provided by law, and 
file 'the same with the county judge of said Henderson 
county, that in all cases of appeal, the county judge afore- 
said shall proceed to review the acts of said drainage com- 
missioners in the same manner as provided for the supervi- 
sor, justice of the peace and town clerk, in counties 
adopting township organization, except that either party 
may have a jury of six persons, to be chosen as other juries ; 
and the trial by said jury, before said county judge, shall 
proceed, in every respect, as other trials at law ; and the 
decision of said county judge or jury, if one be chosen, 



172 DEAINAGE — ELECTIONS. .1869 

shall be final as to all matters in controversy, touching said 
drain. 

§ 3. This act shall be deemed a public act, and be in force 
from and after its passage. 

Appboved March 8, 1869. 



lu force April AN ACT to amend an act entitled "An act to authorize the drainage of wet 

19, 1S69. lands in townships forty-one (41) and forty-two (42), in ranges thirteen 

and fourteen, atid sections one, two, eleven and twelve, in township forty, 

Id range thirteen, and to incorporate the drainage commissioners for that 

purpose," approved February 15, 1855, and the acts amendatory thereto. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
jurisdiction and authority granted to the drainage commis- 
sioners by the acts mentioned in the title to this bill, and 
the amendments thereto, be and the same is hereby exten- 
ded over section three and section ten, and that part of 
Cadwoll reserve lying in township forty (40) north, range 
thirteen (13) east, of the third principal meridian. 

§ 2. This act shall be a public act, and take effect and 
be in force from and after its passage. 

Appeoved April 19, 1869. 



ELECTIONS. 



In force March ^jj _^cx to prevent frauds in elections for subscriptions to stock in or for 
' ■ donations in aid of any incorporatloa, or concerning county seats. 

Section 1. Beit enacted hy the Peoi^le of the State of 
Illinois, represented in the General Assembly, That all 
cen'^'in'^Bu'tute' ^^^^ provisions of the one hundred and forty-second and one 
appued to eiec- hundred and forty-third sections of the criminal code, and 
tion for stock. ^^^ fourth section of an act to provide for ascertaining the 
qualifications of voters, approved February 22d, 1861, and 
of the fourteenth section of an act for the registry of elec- 
tors and to prevent fraudulent voting, and all other laws 
now in force in this state punishing frauds in elections, be 
And the}'- are hereby declared fl]>plicable to all elections 



1869 iESTRAYS. 173 

hereafter to be held in any county, city, town, township or 
village, under any general or special law of this state, upon 
the question whether any such county, city, town, town- 
ship or village, or any officer or officers thereof, or any 
other person for or in their name, or for or on behalf of 
fiuch county, city, town, township or village, or the inhabi- 
tants of any of them, should subscribe for or to any stock 
in any incorporated company, or make any donation or 
gift in aid of such company, or for the removal of any 
county seat. 

§ 2. No officer or officers of any county, city, town, town- git^|°ojPe°?eI 
ship or village shall be required to submit the question of sub- jected. 
scribing to or taking stock in any incorporation, or of mak- 
ing any donation or gift to or in aid of any incorporation, 
after such question of subscribing or taking stock or making 
such donation has been once rejected by the legal voters of 
such county, city, town, township, or village; but after any 
such proposition has been once rejected by the people at an 
election held for that purpose, the proper authorities of any 
county, city, town, township, or village, may again submit 
such proposition to the electors at their discretion, anything 
in any general or special law now in force or that may 
hereafter be enacted to the contrary nowithstanding. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

ArpEovED March 10, 1869. 



ESTRAYS. 



AX ACT to prevent domestic animals from running at large in the counties In force June 



of Randolph, Perry and Washington. 



19, 1869. 



ige. 



Section 1. Be it enacted ly the People of the State of 
Illinois^ represented in the Oeneral Assembly^ That from 
and after the first day of March, A. D. 1870, and for all ^ Not to run at 
time thereafter, it shall not be lawful for the owners of any "'"" 
domestic animals of the species of the horse, cattle, mule 
or ass, sheep, hog or goat, to suffer the same to run at largo 
in the counties of Kandolph, Perry and Washington. All 
such animals which may be found running at large in said 
counties, after said first day of March, A. D. 1870, may be 
taken up by an}^- householder of said counties, who shall 
keep them safely in his stable, lot or inclosnre, and shall 



174 ESTKAYS. 1869 

■ provide them with a sufficiency of suitable food and water 
until taken away from him or her according to the provi- 
sions of this act. 
Noice. § 2. It shall be the duty of the taker up of any such 

animal, within two days after taking up the same, to notify 
the owner thereof, or the person from whose possession or 
custody it has escaped, if a resident of said county and 
known to thi.' taker up, either verbally or by written notice 
left at the r lal place of abode of such owner or person 
who had such animal in custody, or if not known to the 
taker up, or if a non-resident of the county, the nearest 
justice of the peace in the county, of the species and num- 
ber of the aniraals taken up, together with a description of 
the same; and the said justice of the peace shall forthwith 
prepare three notices describing said animals, and the timce 
and place when and where taken up, and shall cause the 
same to be posted up in three of the most public places in 
the precinct. 

§ 3. On the application of the owner of such animal, or 
the person entitled to the Dossession or custody of the 
same, within ten days after being notified as aforesaid, the 
same shall be delivered up to him, upon paying for the 
same, as Ibllowg : For taking up any horse, mule, ass or 
head of cattle, fifty cents ; and for feeding tjie same, the 
value of one-iialf bushel of corn per day. For taking up 
any hog, sheep or goat, twenty-five cents per head ; and for 
feeding the same, the value of one-fourth of a bushel of 
corn per day. To the justice of the peace, for preparing and 
posting up three written notices, fifty cents ; the payment 
of which said several sums of money and the receipt there- 
of by the taker up shall not be a waiver, in law, of any 
action for damages done by the animals taken up, but shall 
only entitle the owner of such animal, or the person en- 
titled to the possession or custody thereof, to repossess the 
same. 

§ 4. If the owner of any such animal taken up, or the 
person entitled to the possession thereof, shall not appear 
within ten days as aforesaid, prove property, pay charges 
and take the animal away, then such animal shall be con- 
sidered an estray, lawfully taken up under the laws of this 
state known as the estray laws J(chapter thirty -nine of Re- 
vised Statutes, and the laws amendatory thereto), and shall 
be dealt with accordingly ; and the proceedings required 
by said laws, and the notices required by them, shall be had 
and given according to such hiws; and the taker up shall 
acquire and be entitled to all the rights and privileges and 
be subject to all the penalties provided by said laws. 

§ 5, If the owner shall appear, claim and take away 
his animal after the expiration of ten days as aforesaid, he 
shall pay to tiie taker up, in addition to the charge estab- 



1869 estkaVs. 1T5 

lished by the act, all the costs and charges incurred under 
and established by saM estray laws. 

§ C). If tlie taker up of any animal, under the provisions Liability of 
of this act, shall fr '1 to comply with any of the duties en- ^^^^'^ '^p- 
joined upon him, he shall forfeit claim to compensation 
for taking up and feeding the same, and shall be liable to 
the owner for all damages by him sustained on account of 
such failure or negligence, 

§ 7. In all controversies arising under this act, justices jarisdiction. 
of the peace shall have jurisdiction in all cases in which 
the amount in controversy does not exceed one hundred 
dollars ; and either party shall be entitled to a trial by 
jury. 

§ 8. This act shall not be in force till the same shall ^^^ct to take 
have been ratined by a majority of all votes cast in said 
counties, as hereinafter provided : Provided, that this law 
shall, from and after the said first day of March, A. D. 
ICTO, be in full force and oiFect in any of the election pre- 
cincts of said countieo, where a majority of the legal votes 
shall be given for keeping up stock. 

§ 9. The clerks of the county courts of said counties ^.f^^^^ *^^ 
shall give notice of the submission of this act to the voters 
of said counties with his usual election notice, and provide 
in his blank poll book for a vote to be given for and against 
this act at the next regular November election, which shall 
be given in the following forms, to-wit : " For keeping up 
stock," "Against keeping up stock ;" and if a majority of 
all the votes cast in said county at said election, are for 
keeping up stock, then this act shall be and continue in 
full force. 

§ 10. In case a majority of the votes cast are against subsequent 
keeping up stock, the county courts of said counties shall ^^'^*^^"- 
have power, at any regular term thereafter, to submit the 
same question to the voters of said counties at any subse- 
quent regular November election, in manner aforesaid ; and 
if a majority vote for the same, then this act shall be in 
force and take effect from and after the first day of March 
following said election in the whole counties, and in any 
precinct in the counties where, at any submission of the 
question, a majority of the votes cast shall be for keeping 
up stock. 

§ 11. The provisions of this act shall apply to the cierb, when 
counties of Eandolph, Perry and Washington, and to no ^^sive notice, 
others ; and, in any of said counties, the clerk of the coun- 
ty court shall not give notice of the election herein men- 
tioned, until "requested so to do by a petition signed by at 
least one hundred legal voters in said county. 

Approved March 1, 1869. 



Not to run at 



176 ESTEATS 1869 



In force March AN ACT to prevent domestic animals running at large in the counties of 
27 1S69. Will and Winnebago. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented^ in the General Assembly, That from 
and after the first day of March, A. D. 1869, and for all 
a?ge". time thereafter, it shall not be lawful for the owners of any- 
domestic animals, of the species of horse, bull, mule, ass, 
sheep and hosr, to suffer the same to rim at large in the 
conaties of Will and Winnebago/, and all such animals 
which may be found running at large in said counties, after 
said iirst day of March, A. D. 1869, may be taken up by 
any householder of said counties, who shall keep them 
safely in his stable, lot or inclosure, and shall provide them 
with a sufficiency of suitable food and water until taken 
away from him or her according to the provisions of this 
act. 
Notice of § 2. It shall be the duty of the taker up of any such 
possession. animals, within two days after taking up the same, to noti- 
fy the owner thereof, or the person from whose possession 
or custody it has escaped, if resident of said counties and 
known to the taker up, either verbally or by written notice 
left at the usual place of abode of such owner or person 
who had such animal in possession or custody, or if not 
known to the taker up, or if non-resident of the county, the 
nearest justice of the peace in the county, of the species 
and number of the animals taken up, together with a de- 
scription of the same ; and the said justice of the peace 
shall forthwith prepare three notices, describing said ani- 
mals, and the time and place when and where taken up, 
and shall cause the same to be posted up in three of the 
most conspicuous or public places in the precinct. 
Owner en- § 3. On the application of the owner of such animal, 
upo1?piymiSt!^ ^r the person entitled to the possession or custody of the 
same, within ten days after being notified as aforesaid, the 
same shall be delivered up to him or her, upon paying for 
the same as follows : For taking up any horse, mule, ass 
or bull, fifty cents ; and for feeding the same, the value of 
one-half bushel of corn per day ; for taking up any hog, 
fifty cents per head • and for feeding the same, the value of 
one-fourth bushel of corn per day; and for taking up any 
sheep, ten cents per head ; and for feeding the same, the 
value of one-fourth bushel of corn per day ; to the justice 
of the peace, for preparing and posting up three written 
notices, fifty cents; the payment of which, said several 
sums of money, and the receipt thereof by the taker up, 
shall not be a bar or waiver of any action for damages done 
by the animals taken up, but shall only entitle the owner 
of such animals, or the person entitled to the possession or 
custody thereof, to repossess the same. 



1869 ESTKAYS. ITT 

§ 4. If the owner of any such animal taken up, or the when owner 
person entitled to the possession thereof, shall not appear, ^^^s not appear, 
within ten days as aforesaid, prove property, pay charges 
and take the animal away, then such animal shall be con- 
sidered an estray, lawfully taken up under the laws of this 
state known as the estray laws, (chapter thirty-nine of the 
Kevised Statutes and the laws amendatory thereto), and 
shall be dealt with accordingly ; and the proceedings re- 
quired by said laws and the notices required by them shall 
be had and given according to such laws, and the taker up 
shall acquire and be entitled to all the rights and privileges 
and be subject to all the penalties provided by said law. 

§ 5. If the owner shall appear, claim and take away his costs and 
animal, after the expiration of ten days, as aforesaid, he ^^^^s^^- 
shall pay to the taker up, in addition to the charges estab- 
lished by this act, all the costs and charges established by 
this act, all the costs and charges incurred under and estab- 
lished by said estray laws. 

§ 6. If the taker up of any animal, under the provisions Liawuty of 
of this act, shall fail to comply with any of the duties en- ^ ^'"'^^' 
joined on him, he shall forfeit all claim to compensa- 
tion for taking up and feeding the same, and shall be 
liable to the owner for all damages by him sustained on 
account of said failure or negligence. 

§ 7. In all controversies arioing under this act, justices Jurisdiction of 
of the peace shall have jurisdiction in all cases in which the p"eacef^ ° 
amount in controversy does not exceed one hundred dol- 
lars, iind either party shall be entitled to a trial by jury. 

§ 8. This enactment shall not apply to the above enu- Herded cattle, 
merated animals which are carefully herded by the owner 
of the same or his agent, and prevented from entrance or 
encroachment upon the inclosure or occupied premises of 
others than the owners of said animals. 

§ 9. This act shall be a public act, and shall be in force ^j^^^^g^^^^f ' ^'^ 
from and after the first day of March, A. D. 1869, and all 
laws in conflict with this act are hereby repealed. 

Approved March 27, 1869. 



FAIR GROUNDS. 



AN ACT to protect fair grouads and fair ground property. ^ frtsll^^^ 

Section 1. J^e it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That any 
person or persons, who shall trespass upon any county fair 
—23 



17S FEES. 1869 

trS?sm'- ip- grounds, or commit depredations upon the property of any 
on fail' grounds, agricultural society, by cutting and destroying timber, re- 
moving, taking, carrying away or breaking any boxes, 
troughs, stalls, benches, fences, locks, doors, inclosures, gate 
or gates, or any appurtenances pertaining to said fair 
grounds, whether inside or out of their inclosures, shall be 
deemed guilty of a misdemeanor, and liable to indictment ; 
and, upon being indicted and convicted, shall be fined in 
any sura not less than fifty dollars. 

§ 2. This act to be a public act, and to be in force from 
and after its passage. 
Appboved March 29, 13C9. 



FEES. 



lu force March AN ACT ia relation to the fees of the state's attorney of the seventh 
^'^' IS^^- judicial circuit. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
state's attorney of the seventh judicial circuit shall be al- 
lowed the sum of fifteen dollars for every conviction for 
felony, and five dollars for every other conviction, to be 
paid in the manner now provided by law. 

§ 2. This act shall take efiect and be in force from and 
after its passage. 

Appkoved March 10, 1869. 



In force April AX ACT to amend an act entitled "An act in relation to the fees of certain 
17, 1SG9. county officers in certain counties therein named," approved Februarj' 

26, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
provisions of "An act to amend an act in relation to the 
fees of certain officers in certain counties therein named," 
approved February 2G, 1867, and also of "An act to amend 
an act to regulate the fees and compensation of sheriffs 
and collectors in certain counties," approved February 26, 



1869 FEES. I'rC 

186.7, be and the same are hereby extended to the following 
named counties, to-wit : Greene, Pike, Lee, Scott, Rock 
Island, Ogle, Bond, Jackson, and Marion. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

In force April 17, 1869. 



AN ACT to repeal certain acts therein named. In force March 

13, 1869. 

Section 1. Be it enaoted ly the People of the State of 
Illinois^ represented in the General Assembly, That an 
act entitled "An act in relation to the fees of certain offi- 
cers in certain courts therein named," in force February 
16, 1865 ; also an act entitled "An act to amend an act in 
relation to the fees of certain officers in certain courts 
therein named," in force February 26, 1867, be and the 
same are hereby repealed so far as the same may apply 
to the counties of Boone, Macoupin, Shelby, Fayette ; and 
the fees of the officers therein named shall remain as they 
were previous to the passage of said acts or either of them. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Appkoved March 13, 1869. 



AN ACT reducing, regulating and fixing the fees of certain county and In force March 
other officers in certain counties therein named. 37, 1869. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That the 
counties of Jasper, Crawford, Clark, Cumberland, Edgar counties ex- 
and Effingham are hereby exempted from the operation ®°^p'^*^- 
and application of certain acts of the legislature, passed at 
its sessions of 1865 and 1867, increasing and regulating the 
fees of certain officers in said acts named ; and that from 
and after the passage of this act the fees of all circuit and. 
county court clerks, sheriffs, treasurers, county judges, 
magistrates, constables, and coroners in said counties, shall 
be reduced to and remain the same as they were under the 
operation of the law governing fees as it existed in the 
year 1863. 

§ 2. And that the county superintendents of schools in . conntyBuper- 

•j ,• 1 11 1 n '' 1 1 , . T 1 n mtendent, — as- 

said counties shall be allowed but sixtv days each year for sessor. 



180 FEES. 186y 

the purpose of visiting schools in said counties, and that 
the fees of assessors in the counties mentioned in the first 
section of this act shall be two dollars por day. 

§ 3. This act shall be deemed a public act, and all acts 
conflictino' with the same are hereby repealed. 

§ 4. This act shall take effect and be in force from and 
after its passage. 

AppkoVed March 27, 1869. 



In force March AN ACT to regulate the fees of county officers of the county of Fayette. 
29, 1809. 

Section 1. Be it e7iacted hy the People of the State of 
lUinois, represented in the General Assembly^ That the 
Fees of car- couoty judgc, couuty Superintendent of schools, clerk of 
duJed.^*^'^'^^ '^' ^'^^^ county court, clerk of the circuit court, and county 
treasurer of said county of Fayette shall each receive no 
greater fees and compensation for their services than such 
officers were entitled to receive on the first day of January, 
A. D. one thousand eight hundred and sixty-five (1865). 

§ 2. All acts or parts of acts inconsistent with the pro- 
visions of this act are hereby repealed. 

§ 3. This act shall take efl'ect and be in force from and 
after its passage. 

Appkoved March 29, 1869. 



In force April AN ACT to amend an act in relation to the fees of certain officers in cer- 
20,1869. tain counties tlierein named, approved February 16, 1865, and also an 

act entitled " An act in relation to fees of county officers in certain 
counties," approved March 7, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
Ameudmeut. acts to which this is an amendment is hereby amended by 
striking out so much thereof as relates to the term when 
said acts shall expire ; and the said act is continued in force 
until otherwise ordered by the general assembly. 

§ 2. That the provisions of said acts, to which this is 
an amendment, as amended, are hereby extended to the 
following counties : Randolph, Monroe, Greene and Wash 
ington. 

§ 3, This act shall be in force from and after its pas- 
sage . 

h\ force April 20, 1869. 



1869 FEES. 181 



AN ACT to repeal the increased fees of certaia officers in the county of lu force March 
Hamilton. 25, 1S69. 

Section 1. Be it enacted hy the People of the State of 
Illinois, rejpresented in the General Assembly y That section 
one of an act to amend an act entitled ''An act to establisii 
and maintain a system of free schools in the state of Illi- 
nois, approved February 16, 1865," approved and in force 
February 28, 1867, and "An act to establish and fix the 
fees of justices of the peace and constables in this state," 
approved and in force February 28, 1867, and "An act to 
provide for the compensation of county judges," approved 
and in force February 26, 1867, and "An act iu relatiou to 
the fees of certain ofiicers in certain counties therein / 

named," approved and in force February 16, 1865, and 
"An act to regulate the fees and compensation of sheriffs 
and collectors in certain counties," approved and in force 
February 16, 1865, and "An act to amend an act in rela- 
tion to the fees of certain officers in certain counties therein 
named," approved February 16, 1865, approved and in 
force February 26, 1867, and "An act to regulate the fees 
and compensation of sheriffs and collectors in certain coun- 
ties," approved February 16, 1865, approved and in force 
February 26, 1867, be and the same are hereby repealed, 
so far as they apply to the county of Hamilton ; and the 
fees of those officers, viz : county superintendent of schools, 
county judges, justices of the peace, constables, clerks of 
the circuit court and clerks of the county court, treasurers, 
sheriffs and collectors, shall remain as they were previous 
to the passage of said acts, in said county of Hamilton. 

§ 2. This act shall be in force from and after its pas- 



In force March 
AN ACT to amend an act entitled "An act to amend an act in relation to 13, 1869. 
tlie fees of certain officers in certain counties therein named," approved 
February 26, 1867, and also to amend an act entitled "An act to amend 
aa act to regulate the fees and compensation of sheriifs and collectors, iu 
force in certain counties," approved February 26, ISSY. 

Section 1. Be it enacted hy the Beople of the State of 
Illinois, represented in the General Assembly, That the 
acts to which this is an amendment be so amended as to 
strike out the county of Iroquois from the provisions of 
said acts, and that the same be and is hereby" repealed, so 
far as applicable to Iroquois county. 



182 FEES. 1869 

§ 2. This act shall take effect from and afier its pas- 
sage. 

Approved March 13. 1869. 



In {orce April x'K ACT to amend an act entitled "An act to amend an act to regulate the 



16, 1869. 



fees and compensatioo of sheriffs and collectors in certain counties," ap- 
proved February 26th, ISGY. 

Section 1. jBe it enacted hy the People qf the State of 
Illinois^ represented in the General Assembly, That the 
provisions of an act entitled "An act to amend an act to 
regulate the fees and compensation of sheriffs and collec- 
tors in certain counties," approved February 26, 1867, be 
and the same is hereby extended to the cG'Untj of Jefferson 
in said state ; and all the provisions of said act shall extend 
to and be in force in said county of Jefferson, the same as 
in the counties mentioned in the act to which this is an 
amendment. 

§ 2. This act shall be liberally construed so as to effect*' 
the objects intended, and shall be deenied a public act, and 
shall take effect from and aftt;r its passage. 

In force April 16, 1867. 



In force March AN ACT to repeal certain laws increasing the fees of certain officers in 
^O' 1-"J2- Kendall county, Illinois. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That all 
laws passed by the general assembly of the state of Illinois, 
in the years 1865 and 1867, increasing the fees of county 
and town officers, so far as the same relates to the county of 
Kendall, except as to the sheriff's fees of said county, are 
hereby repealed ; and that hereafter, the fees of the county 
judge, school commissioner, county clerk, circuit clerk and 
other officers (said sheriff excepted) in said county, shall be 
and remain the same as they were previous to the passage 
of tlie said laws of 1865. 

§ 2. All laws and parts of laws relating to the fees of 
the above named officers in the said county, in force Janu- 
ary first, A. D. 1865, are hereby revived. 

Appkoved March 30, 1869. 



1869 ^El5s. 1^3 



AN ACT in relation to the fees of certain officers in Peo ria county. ^^ ^f,%il^^^^ 

Section 1. Be it enacted hj the People of the State of 
Illinois, represented in the General Asse?7ibly, That an act 
entitled "An act to increase the fees of certain officers in 
the county of Peoria," approved February 23, 186T, be 
and the same is hereby repealed, except so far as the same 
relates to the fees of the sheriff of said county. 

^' 2. This act shall take effect and be in force from and 



after its passage. 

Appeoyed March 9, 1869. 



AN ACT in relation to fees of certain officers in the counties of Pike and In force March 



27, 1869. 



Scott. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That, here- 
after, the county officers in the counties of Pike and Scott 
shall be allowed to charge and receive the same fees and 
allowances as are now allowed by the provisions of an act 
entitled "An act in relation to fees of certain officers in 
certain counties therein named," approved February 16, 
1S65 : Provided, the clerks of the county courts shall be 
allowed as fees for issuing each marriage license, and for 
filing and recording the same, one dollar and fifty cents. 
For computing and extending each kind of tax, one-half 
of the fees that are now provided by law for computing 
and extending state and county tax. 

§ 2.1 This act shall be in force from and after its 
passage. 

Approved March 27, 1869. 



AN ACT to increase the fees and compensation of sheriffs in Vermilion in force March 
county. 20, IStiO. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That so 
much of the provisions of an act entitled '^An act to regu- 
late the fees and compensation of sheriffs' and collectors in 
certain counties," approved February 16, 1865, as relates 
to the fees and compensation of sheriffs only, are hereby 
extended to the county of Vermilion ; and that from and 



184 FISH. 1.869 

after the passage of this act, the sheriffs of VermiHon 
county shall receive the same fees and compensation as 
are specidcd in said act, to which this act is an amendment, 
any other laws of this state to the contrary notwithstand- 
ing. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Affroved March '20, 1809. 



FISH. 



In force March -^N ACT for the preservation of fish in Rock river and its tributaries. 

•25, 1S69. 

Section 1. Be it enacted hy the Peojple of the State of 

Illinois^ represented in the General Assemhly^ That from 

seiues and and after the first day of April next, it shall be unlawful to 

netspioMMed capture and take any fish (except minnows and such small 
fish as are used for bait) from the waters of Rock river, or 
from any creek or stream tributary thereto, within the dis- 
tance of one mile from the mouth of said tributary, by 
means of any seines, gill net, dip net, or trap, except du- 
ring the month of March each year. 

Peoaity. § 2. Any person who shall take or capture any fish 

from said Rock river, or its tributaries, in violation of the 
provisions of this act, shall be deemed guilty of a misde- 
meanor, and, upon conviction before any court of compe- 
tent jurisdiction, shall be fined in any sum not exceeding 
fifty dollars. Justices of the peace in the several counties 
shall have jurisdiction of offences against the provisions of 
this statute, and may, on view or upon information on oath, 
cause every such person violating the provisions of this act 
to be apprehended and brought before him to answer for 
such offence. 
Possession, § [3] 4. Auv pcrson having in possession fish so taken 

effect of. c~■^L•^^:s-c^^ • v i. • i <- 

as aforesaid from said Kock river, or irom any tributary 
thereof, contrary to the provisions of this act, shall be 
deemed and taken as prima facie evidence that the same 
were captured and taken in violation of the provisions of 
this act. 
Fishways. g [4] 5, It shall be the duty of any person or Corporation 

now owning, cr that may hereafter erect any dam across 
said Ro(jk river, or its tributaries, to erect and maintain 



1869 FISH. 185 

suitable fisbways at such daras, to enable lish to pass above 
said daras ; such hshwajs to be constructed in accordance 
with the directions and order of the board of supervisors of 
the various counties through which said Rock river flows, 
and the several boards of supervisors in said counties are 
hereby authorized and empowered to make such orders on 
the subject of the construction of tishways on said river as 
shall tend to the preservation of the fish frequenting the 
waters of the same. 

§ [5.] 6. Any person or corporation failing and neglecting penalty for 
to construct such fishways, in accordance with the order of °®siect. 
said board of supervisors, shall be liable to a fine of not 
less than fifty dollars for every month such dam shall be 
without a fishway, in accordance with the order of said 
board of supervisors, according to the discretion of the 
court ; and the circuit court in the respective counties 
through which said river flows shall have power to compel 
the performance of the order of said board of supervisors in 
said counties, by writ of mandamus. 

§ [6.] 7. This act shall be a public act, and take efi"ect and 
be in f'>rce from and after its passage. 

Appkoved March 25, 1869. 



AK ACT for the preservation of fish in the county of Adamg. 1° ^^\m^^^ 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That it shall ^ ^ ..^^ 

be unlawful for any person or persons to take or catch fi=h offlsMnAdams 
from any lake, bayou, slough or creek in said county, or ^°'^"*^- 
from any waters of the Mississippi river in said county, 
except the main stream of said river, Quincy bay, Lima 
lake and slough, and in the waters of Bear creek, by 
means of any seine, gill-net, tramel-net, pike-net or loop- 
net, or any other kind of net : Provided, that this act shall 
not apply to the taking of small fish fur bait by means of 
small nets known as minnow-nets or dip-nets. 

§ 2. Any person who shall violate the provisions of 
the first section of this act, shall, for each ofi:ense, be fined 
in the sum of not less than five nor more than one hundred 
dollars. 

§ 3. Every prosecution under this act shall be com- ^^^^6°'^'='',"?^ 
menced betbre a justice of the peace of the county of meuced, prac- 
Adaras, and such prosecution shall be in the name of the "^®" 
people of the state of Illinois, and the process and proce- 
dure therein shall be in all respects the same as is now 
provided by law in cases of assault and battery, except 
—24 



186 FISH. 1869 

that the fine assessed shall, in every case, be the said sum 
of not less than five dollars nor more than one hundred 
dollars. 

Appeal. § 4. There shall be the same right of appeal, and the 

proceedings upon appeal shall be the same, in prosecutions 
under this act, as is now provided by law in cases of as- 
sault and battery. 
Disposition of § 5. One-half of every fine recovered under this act 

fines collected. gjj^]| ^g ^^\^ j-q ^]jq trustees ot schools of the township in 
which the ofi'ense shall have been committed, for the use 
of public schools in such township, and the other half shall 
go to the person making the complaint, if he shall claim 
the same within thirty days after final judgment shall 
be rendered, but ii the complainant does not make such 
claim, then the whole of such fine shall be paid to the 
trustees aforesaid, for the use aforesaid ; and the complain- 
ant shall, in all cases, be a competent witness : Provided, 
that it shall be unlawful for any person or persons to stretch 
or cause to be stretched any seine or net across said Lima 
lake, slough, or Bear creek, or otherwise obstruct the same 
so as to prevent fish from passing from the river to said 
lake or from the lake to the river ; Provided, also, that any 
person or persons who shall, between the fifteenth day of 
April and the first day of January following, fish with 
seine or net in said Lima lake, slough or Bear creek, below 
where the same enters the Mississippi river bottom, shall 
be subject to the penalties in this act and the act to which 
this is an amendment. 

§ 6. All acts and parts of acts inconsistent with this 
act are hereby repealed, and this act shall take efiect from 
and after its passage. 

Approved March 24, 1869, 



^° 13^*1869^'^*^^ ■^^ ^^'^ ^^^ *'^^ pre-«ervation of game in Henry county, and to preserve 
the fish in Green river in said county. 

Section i . jBe it enacted hy the People of the State of 
PUnois, represented in the Geneml Assembly, That for 
teucieT toVen- ^"*^ during the period of five years from and after the pas- 
ry county. sage of this act, it sliall not be lawful for any person or 
person?, either by himself, herself or themselves, or by 
their agents or employees, to shoot, ensnare, trap or in any 
way or maimer to catch or kill any prairie chicken, quail 
or woodcock, within the county of Henry, for the purpose 
of shipping the same to any market, for sale, outside the 
limits of the said county. 



1869 FISH. 187 

§ 2. And it shall not be lawful for any persoD or per- 
sons, either directly or indirectly, for and during the said 
period of live years, to sliip, take or carry, or by any other 
means transport from said county, any of the fowls above 
mentioned, which may have been taken or killed in said 
county; and the fact of having any such fowls in possession 
and transporting the same fr.>m said county, shall be 
deemed prima facie evidence that the same were taken 
and killed in said county. 

§ 8. Any person violating either of the foregoing pro- Penalty, 
visions, shall forfeit and pay the sum of five dollars for 
each fowl or bird killed, taken, shipped or transported in 
violation of said provisions, to be recovered in action of 
debt, before any justice of the peace in said county or in 
the circuit court, bv any person who will sue for and re- 
cover the same. The one-half of said penalty shall go to 
the person suing for the same, and the other half shall 
go to the school fund of said county. 

§ 4. And he it farther enacted^ that it shall r; 't be law- 
ful for any person or persons within the saii ■■ounty of 
Henry, during the period of five years after the assage of 
this act, to take or catch any fish from Green river, within 
the said county of Henry, by means of any seine, net or 
trap, for the purposes of sale or market. 

§ 5. Any person or persons catching or taking any .gS^^'o^r tra^ 
fish at any time, contrary to the provisions of the foregoing pmgflsh. 
section, shall forfeit and pay the sum of three dollars for 
each and every fish so taken, to be recovered in the man- 
ner and for the use provided in section three of this act. 

§ G. This act shall be deemed a public act, and take effect 
and be in force from and after its. passage. 

Appkoved March 13, 1869. 



AN ACT to prohibit the netting offish in Kankakee, Iroquois and McHenry in force March 
counties. 29, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented' in the General Assembly, That, here- 
after, fish shall not be caught or taken in the counties of Preservation 
Kankakee, Iroquois or McHenry, by means of seines or °^^^- 
nets : Provided, that it shall be lawful to catch minnows 
with minnow nets or seines, to be used as bait for angling. 

§ 2. Every person who shall violate the provisions of Penalty, how 
this act, shall forfeit and pay for every offense, tlie sum of ®°^°'^*=*"^- 
twenty (20) dollars, to be recovered before any justice of 
the peace in said counties before mentioned, in an action of 



1^8 FISS— GAME. 1869 

debt, in the name of the people of the state of Illinois ; 
one-half of such penalty to go to the informer, and the 
other half shall be paid into the school fund of said coun- 
ties. 

§ 3. This act to take effect and be in force from and 
after its passage. 

Approved March 29, 1869. 



In force AprU AX ACT to prohibit netting of fish within the county of Will. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented iii the General Assembly, That, here- 
u^iawM to af.er, it shall be unlawful to take or catch auy fish in any 
county. of the waters within the county of Will, by means of 

seines or nets : Provided^ that it shall be lawful to catch 
minnows 
angling. 

Penalty. § 2. Every person who shall violate the provisions of 

this act shall forfeit and pay, for every such offense, the 
sum of twenty dollars, to be recovered before any justice 
of the peace of said county of Will, in an action of debt, in 
the name of the people of the state of Illinois. One-half of 
such penalty shall go to the informer and the other half 
shall be paid into the school fund of said county. 

§ 3. This act to be in force from and after its passage. 

Approved April 16, 1869. 



GAME. 



In force April AX ACT to amend an act entitled "An act for the preserTation of game," 
13, 1869. approved February 16th, 1865. 

Section 1. Be it enacted hy the People of the State of 

lllijiois, represtnted i?i the General Assembly, That it 

Non-residents ghall be Unlawful for anv nerson or persons, wlio are not 

fornidden to . - ,• t^ , > r ' ' i .n 

kill. residents ot I ulton or JMason county, to kill, ensnare, trap 

or net any deer, fawn, wild turkey, goose, brant, duck, 



1869 GAi^. 180 

prairie hen or chicken, pheasant or quail, at any time, in 
tlie county of Fulton or Mason, for the purpose of selling 
or marketing tlie same outside of said counties, or selling 
or marketing the same within said counties, knowing that 
the eame is purchased with a view of removing the same 
outside of said counties; [and the removing the same out of 
said counties] shall hQ prima facie evidence that the person 
selling the same knew the purchaser intended removing 
the same out of said counties. 

§ 2. That the penalty for killing, ensnaring, trapping Penalty. 
or netting any wild goose, brant or duck, in violation of 
this act, shall be five dollars, to be collected as hereinafter 
^escribed. 

§ 3. That any person violating any of the provisions of see section e 
this act shall be, in addition to the fines and penalties enu- 
merated in this act. subject to all the fines and penalties 
enumerated in section five of the act referred to in the en- 
titling of this act — and to be recovered in the manner and 
form specified in said act to which this is declared to be an 
amendment. 

§ 4. That it shall be unlawful for any railroad, express .common car. 

" , . *' ' . -^ r-ers forbidden 

or steamboat company, or any other common carrier, per to transport 
son or persons, to receive any such game for transportation '^*°^*' 
in either of said counties ; and any such corporation; per- 
son or persons, receiving any such game that has been kill- 
ed, ensnared, trapped w netted, in violation of section two 
of this act, shall be punished by a tine of fifty dollars 
for each and every ofiense, to be collected before any jus- 
tice of the peace of the county in w^hich the offense is com- 
mitted. 

§ 5. This act shall take efiect and be in force from and 
after its passage. 

Approved April 13, 186d. 



AN ACT for the preserTation of game in Henry county, and to preserve the in force March 
fish iu Green rirer in said county. 13, 1889. 

Section 1. Be it enacted hy the People of the State of 
Illinois, repi^esented in the General Assembly, That for 
and during the period of five years, from and after the pas- G.meiawex- 
sage of this act, it shall not be lawful for any person ^>y f^^^^°^*'^^ 
persons, either by himself, herself or themselves, or by °°'^ ^' 
their agents or employees, to shoot, ensnare, trap, or in any- 
way or manner to catch or kill any prairie chicken, qnail 
or woodcock, within the county of Henry, for the purpose 
of shipping the same to any market, for sale, outside the 
limits of said county. 



100 GAMli. 1869 

§ 2. And it sliall not be lawful for any person or per- 
sons, either directly or indirectly, for and during the said 
period of live years, to ship, take or carry, or by any other 
means transport from said county, any of the fowls above 
mentioned, which may have been taken or killed in said 
connty ; and the fact of having any such fowls in possession 
and transporting the same from said county, shall be deem- 
ed prima facie evidence that the same were taken and 
killed in said county. 
Penalty. | 3. Any person violating either of the foregoing pro- 

visions, shall forfeit and pay the sum of five dollars for 
each fowl or bird killed, taken, shipped or transported in 
violation of said provisions, to be recovered in action of 
debt, before any justice of the peace in said county or in 
the circuit court, by any person who will sue for and re- 
cover the same. The one-half of said penalty shall go to 
the person suing for the same, and the other half shall go 
to the school fund of said county. 

§ 4. And he it further enacted^ that it shall not be law- 
ful for any person or persons, within the said county of Hen- 
ry, during the period ot five years after the passage of this act, 
to take or catch any fish from Green river, within the said 
county of Henry, by means of any seine, net or trap, for the 
purposes of sale or market. 
Penalty for g 5. Any persou or persons catching or taking any fish at 
plug^fifh?'" ^^^' any time, contrary to the provisions of the foregoing section, 
shall forfeit and pay the sum nf three dollars for each and 
every fish so taken, to be recovered in the manner and for 
the use provided in section three of this act. 

§ 6, This act shall be deemed a public act, and take efi'ect 
and be in force from and after its passage. 

Approved March 13, 1869. 



In force June AN ACT tc extend the provisions of the game law to certain counties 
19, 1S69. therein named. 

Section 1. Be it enacted hy the Feaple of the State of 
Illinois, represented in the General Assembly, That all 
Extended to the provisious of an act to extend the provisions of the 
Rbe°°and''scott game law to certain counties therein named, and to prevent 
counties. non-rcsidcnts from killing game for market, approved 

March 8th, 1867, shall extend and be in force in the coun- 
ties of Pike, Scott, Menard and Mason. 
Approved March 30, 1869. 



1869 GAME. 191 



AN ACT to amend an act entitled "An act for the preservation of game," 1° f^r^e March 



approved February 16, 1865. 



2, 1869. 



Section 1, Be it enacted hy the People of the State of 
Illinois, represented in the General Assemlly, That it shall 
be unlawful for any person or persons to kill, ensnare or 
trap any deer, fawn, wild turkey, arouse, pheasant, prairie _ Extended 

T- u- 1 -1 • J 1 1. J.- • .1 to McDoQough 

hen or chicken, quail, snipe or duck, at any time, m the county. 
county of McDonough, for the purpose of selling or mar- 
keting the same outside of said county, or selling or mar- 
keting the same within said county, knowing that the same 
is purchased with a view of removing the same outside of 
said county. And the removing of the same outside of 
said county shall be prima facie evidence that the person 
selling the same knew that the purchaser intended remov- 
ing the same outside of said county. 

§ 2. That it shall be unlawful for any person or persons, unlawful to 
to buy, for the purpose of selling ,or marketing the same ^^"" 
outside of said county, any of the animals or birds men- 
tioned in the foregoing section, or to ship or transport, 
either dead or alive, any of the said animals or birds men- 
tioned in the foregoing section to any place outside of said 
county, for sale; and proof of the shipping of any of said 
animals or birds, from any place in said county, shall be 
prima facie evidence that the same are shipped to some 
place or market outside said county, for sale. 

§ 3. That it shall be unlawful for any person or persons ^.^,'|,°^sama 
to ensnare, trap or net any quail, Virginia partridge, or 
pheasant, within said county, other than for his cr their own 
use ; and that the sale or offering for sale of any quail or 
Virginia partridge which has been ensnared, trapped or 
netted in said county, shall subject the offender to a line of 
five dollars for each and every quail, or Virginia partridge, 
so captured and sold, or offered for sale. 

§ 4. That any person violating any provisions of this i^enaity. 
act, shall be subject to the fines and penalties enumerated 
in section five (5) of the act referred to in the entitling of 
this act, and to be recovered in the manner and form speci- 
fied in said act, to which this is declared to be an amend- 
ment. 

§ 5. This act shall take effect and be in force from and 
after its passage. 

Appkoved March 2, 1869. 



192 »AMH. 1869 



In force March AN" ACT for the preservation of game in Montgomery county, and to amend 



29, 1863 



an aet entitled "An act for the preservation of game," approved February 



Section 1. Be it enacted hy the People of the State of 

Illinois^ represented in the Gentral Asstrahly, That it shall 

Gstoeiawes- he unlawful for any person or persons to kill, ensriare or 

gom^/county!" ^'''^P ^"7 <^-er, fawn, wild tnrkev, orrouse, prairie hen or 
diicken, quail, snipe or duck, at any time, in the county of 
Monti^oaiery, for the purpose of selling or marketing the 
same outside of said county, or selling or marketing the 
same within said county, knowing that the same is pur- 
chased wiih the view of removing the same outside of said 
county; and the removing the same out of said county shall 
be prima facie evidence that the person selling the same 
knew that the purchaser intended removing the same out 
of said county. 

Peaait/. § 2. That any person violating any of the provisions of 

this act shall be subject to the lines and penalties enume- 
rated ill section five of the act referred to in the entitling 
of this act, and to be recovered in the manner and form 
specified in said act to which this is declared to be an 
amendment. 
reniity fnr § 3. That the penalty of ensnarinj;, trapping or netting 

^r'pmndge.'^"^ SDJ quail or Virginia partridge, within the said county, 
shall be five dollars for each and every one so captured, and 
that the violation of this act, in the sale of any quail or 
Yirginia partridge, duck, or snipe, shall subject the ofiend- 
er to a fine of five dollars for each and every one so sold. 

§ 4. This act shall take effect and be in force from 
and after its passage. 

Appkoved March 29, 1869. 



In force March AN ACT to extend the provisions of the game law to the county of Moul- 
26, 1S33. trie. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That all 
Moiftrieron^ the provisions of an act entitled "An act for the preserva- 
g^ameLw.^ ^ tion of game," approved February 16th, 1865, shall extend 
to and be in force in the county of Moultrie, state of Illi- 
nois. 
Non-rf-eidents § 2. That it shall be unlawful for any person or per- 
for bidden to kiu ^^^^^ ^^^ ^^^ ^^^ residents of the county above named, to 
kill, ensnare, trap or net any deer, fawn, wild turkey, quail, 



1869 GAS COMPANIES. 193 



pheasant, grouse, prairie hen or chicken, at any time, in 
said county, for the purpose of selling or marketing the 
same outside of said county. 

§ 3. That any person or persons violating any of the Penalty, 
provisions of tiiis act, shall be subject to the fines and pen- 
alties enumerated in section five of the act referred to in 
the first section of this act, to be recovered in the manner 
and form specified in section five. 

§ 4:. This act shall be in force from and after its pas- 
sage. 

Appkoved March 2G, 1869. 



GAS COMPANIES. 



AN ACT to punish fraudis upon gas consumers and gas light companies. In force March 

Section 1. Be it enacted hy the Peoi^le of the State of 
Illinois, represented in the Oeneral Assembly, That any 
person who, with intent to iniure or defraud any gas com- Offenses defin- 

'■ , 1 ' , • T '• 1 1 1 11 1 ed, punishment 

pauy, body corporate or mdividual, shall connect or cause 
to be connected any pipe for conducting or supplying illumi- 
natiug or infiammable gas in such manner as to connect 
with, and be calculated to supply illuminating or inflam- 
mable gas to any burner or orifice, by or at which said gas 
is consumed, around or without passing through the me- 
tre provided for the measuring and registering the quanti- 
ty of gas there consumed, shall be deemed guilty of a 
misdemeanor, and upon conviction shall bo punished by 
imprisonment not exceeding three months, or by fine not 
exceeding two hundred and fifty dollars, or both. 

§ 2. That any person who, with intent to injure or de- . Penalty for 
fraud any gas company, body corporate or individual, shall "^J"^'"'s metres, 
injure, alter, obstruct or prevent the action of any metre 
provided for the purpose of measuring and registering the 
quantity of gas consumed by or at any burner, orihce or 
place, or cause or procure any such metre to be injured or 
altered, or the action thereof to be obstructed or prevented, 
or who shall make or cause to be made any connection 
with any gas pipe so as to conduct or supply illuminating 
or inflammable gas to any burner or orifice, from which 
such gas may be consumed, without passing through or 
being registered by a metre, shall be deemed guilty of a 
misdemeanor, and upon conviction shall be punished by 

.-25 



194 GUARDIAN AND WARD. 1869 



imprisonment not exceeding three months, or by fine not 
exceedinff two hnndred and fifty dollars, or both. 

§ 3. This act shall be a public act, and be in force from 
and after its passage. 

Approved March 30, 1869. 



GUARDIAN AND WARD. 



In force April AN ACT to rsgulate the sales, by guardians, of the interests of minors in 
^> l^®**' water power and real estate conaested therewith. 

Section 1. Be it enacted hj the People of the State of 

Illinois, represented in tJie General Assembly, That when- 

interest of ever the ffuardian of any minor or minors shall apply to 

minors in water ,1 . P , i_- . i- i - n i.i • i 

power, M'hen to the circuit court of any county lor leave to sell the mter- 
tesoid. gg|-g^ ^j, j^yy. p^j,|.^ undivided part or share thereof, of the 

wards of such guardian, in any dam, water power and real 
estate connected therewith, lying near or adjacent to such 
dam and water power, and necessary for its convenient 
use — if it shall appear to the court, upon the hearing of 
such petition, that the said property is of such character, 
and so situated, that the interests of such wards would be 
promoted by such sale, the said court shall have power and 
jurisdiction to order the sale, by such guardian, of the in- 
terests of such ward in such dam, water power and real 
estate, or any part, undivided part or share thereof, togeth- 
er with the privileges pertaining thereto, at public sale, 
and to authorize such sales to be made, from time to time 
thereafter, at such times and places, and in such quantities, 
and upon such terms as to time of payment, as such guar- 
dian may be able to sell the same most beneficially for such 
wards. Such application for leave to sell shall be made to 
the circuit court of the county in which such darn, water 
power and real estate are situated. 
Deed, peutioii, § 2. The guardian making any such sale, or his or her 
notice. successor, shall execute all appropriate contracts, agree- 

ments, deeds or conveyances, necessary to carry the same 
into eifect. The petition for such leave to sell shall be in 
writimg, verified by the oath of the guardian, and shall 
state the facts and circumstances relative to the situation of 
such property, tending to show the expediency or necessity 
of fsucli sale ; and the court shall in m case order a sale, 



or credit — Ap- 
proval by the 



1869 GUARDIAN AND WAKD. 195 

unless, after an investigation of such facts and circumstan- 
ces, it shall be deemed by the court that such sale would 
promote the interests of such wards ; and the court shall 
prescribe the time within which such sales shall be made. 
The guardian applying for such leave to sell shall give no- 
tice of such application, in the manner prescribed by section 
10, chapter 47, Revised Statutes. 

§ 3. After procuring such order to sell, such guardian ..^'upo^nS 
may, from time to time thereafter, as opportunities may or^credit- 
occur for selling the same advantageously, sell at public conrt* 
sale the interests, or any part or share of the same, of such 
wards, in any portion of any such real estate, dam and water 
power so authorized to be sold ; such sales may be made 
either for cash or upon credit, in the discretion of such guar- 
dian, as will best promote the interests of such wards; but no 
such sale shall be obligatory upon such wards, until the 
same and the terms thereof shall have been reported to and 
approved by the court ; and it shall be the duty of the guar- 
dian making such sales, from time to time, to report such 
sales and all material facts relating thereto to the court; 
and, whenever any such report shall be made to the court, 
it shall be the duty of said court to investigate the facts and 
circumstances connected with such, sale, and in case the 
same appears to have been fairly made, and upon terms 
advantageous to such wards, to make an order approving 
and coniirming the same. But, before the court shall ap- 
prove any such sale, the said court must be satisfied that 
the same has been made fairly and in good faith, and upon 
terms advantageous to such wards. In case such property 
is sold at public sale, at least four weeks' notice must be 
given thereof, in some newspaper published in the county 
where the property to be sold is situated. 

§ -i. Any and all necessary and proper contracts, agree- Approval of 
ments, deeds and conveyances, which may be made or exe- to"va°f^ty*^of 
cuted by such guardian, for the purpose of carrying into guardian's acts, 
effect any sale made in pursuance of such order of sale, 
shall, when approved by the court, in the manner aforesaid, 
be valid and effectual in law, so far as they may relate to 
the interests of such wards in the property sold. 

§ 5. In all contracts, agreements, deeds and convey- coveuants in 
ances, executed by such guardian, in making or carrying s^^rdian'adeed. 
into effect any sale made as hereinbefore provided, proper 
terms, conditions and covenants shall be inserted for the 
purpose of obligating such purchasers, their heirs, execu- 
tors, administrators and assigns, to contribute and pay the 
like share of any and all reasonable and necessary ex- 
penses which may thereafter be incurred in maintaining 
such water power, and in repairing or rebuilding such dam, 
as the interest conveyed shall be of the whole dam and 
water power ; and the covenants to contribute to main- 



196 IMPROVEMENTS, PTTBLIO. 1869 

taining such water power, and repairing or rebuilding such 
dam, in any such deed contained, shall run with the title 
of the interest in such dam, water power and real estate 
thereby conveyed, and be and remain a perpetual lien and 
charge thereon, in favor of any person or persons interested 
in sucli dam and water power, and who may incur any rea- 
sonable and necessary expense in maintaining such water 
power, or in repairing or rebuilding such dam. 
Guardian'8 g 6. It shall be the duty of such guardian to retain a 

lien. jjqjj upon the property so sold, for the unpaid purchase price 

thereof, and, from time to time, as sales are made, to report, 
under oath, to the county court, to which such guardian is 
accountable, all moneys received on such sales, and all se- 
curities taken for unpaid purchase money, and to invest or 
dispose of such moneys, for the benefit of such wards, in 
such manner as such county court shall direct. 
Guardian to § 7. The Said county court shall require such guardian 

sivebond. ^^ ^^^.^ ^.qq^ ^^^ Sufficient bond, with securities to be ap- 
proved by the said county court, to secure the faithful ap- 
plication of the proceeds of any such sales. 

§ 8, This act shall take effect and be in force from and 
after its passage. 

Approved April 8^ 1869. 



IMPROVEMENTS, PUBLIC. 



In force April AX ACT to amend the charter of the American Bottom Board of Improve- 
12, 1869. raent, approved Feb. 10th, 185S, and all acts amendatory thereof. 

Section 1. JSe it enacted hj the PeO'ple of the State of 
Illinois, represented in the General Assembly, That it 
Dutyofcotinty shall be the duty of the county court of St. Clair county, 
^"""^ at any regular term thereof, upon application of said Amer- 

ican Bottom Board of Improvement, to appoint three disin- 
terested citizens of said county, commissioners, whose duty 
it shall be — First, to view and to examine all the lands and 
property taken, and necessary, from time to time, for the 
works of said board, to estimate the value of the same, and 
all damages which the owner or owners thereof shall sus- 
tain or may have sustained by reason of the taking of the 
same for the purpose of said board, taking into consid- 
eration the advantages as well as disadvantages of the 
same. Secondly, to determine and to certify annually to the 
county clerk of St. Clair county, what amount of the ex- 



i860 IMPKOVEMENTS, PUBLIC. l9t 



otes- 

ures. 



penditures made, and liabilities incnrred, bj said board of p^jj^fture 
improvements, for the year ending; the first day of October, 
in each year, which shall be levied and paid as a general 
tax, for ^eneial benefits accruing from the operations of 
said board within its territorial limits, as defined by said 
original charter, approved February 10, A. D. 1853. 
Thirdly, to assess, as special assessments, against ail land 
lying in said district deemed specially benefited by the 
works of said board of improvement, the respective amounts 
of such benefits : Provided^ that the aggregate of the gen- 
eral tax and special assessments made shall not exceed the 
expenditures made and liabilities incurred by said board of 
improvement. 

I 2. It shall be the duty of said board of improvement Noticejo com- 
to give at least ten days' notice of their application for the ^^^'' 
appointment of such commissioners, by publishing such 
notice in some newspaper published in St. Clair county. 
The certificate of the ]>ubli6her of said paper shall be evi- 
dence of such publication. The commissioners so appointed, 
before entering upon the discharge of their duties, shall take 
an oath before some officer authorized to administer oaths, 
faithfully and according to their best ability to perform the 
duties devolving upon them. Said commissioners shall con- 
tinue to act in all cases requiring their action until discharged 
by the board of improvement. Any vacancy in their number vacancy, how 
shall be filled in the same manner as provided for the ori- ^'i^'i- 
ginal appointments. For actual service rendered, said 
commissioners shall receive from said American Bottom 
Board of Improvement not exceeding five dollars per day 
each ; to be determined annually by said county court. 

§ 3. Whenever said board of improvement shall require commission- 
the services of said commissioners for the purpose of con- ®'^ ^° ^^v^^^^- 
demning lands and property necessary for the works of said 
board, and for awarding damages to the owner or owners 
of the same, said commissioners shall proceed to examine 
the premises, and estimate the value of such lands and prop- 
erty, and the amount of damages, if any, over and above 
the benefits and advantages which may accrue to such 
owner or ov/ners as aforesaid, and shall make a report in 
writing of such valuation of damages, if any, under their 
hands and seals, to the clerk of the circuit court of St. Clair 
county, and shall return the same within ten days, after 
viewing the said premises and property, and it shall be the 
duty of said clerk to file the same. If no appeals shall be 
made within twenty days after the filing of said report, as 
hereinafter provided, said clerk shall record the same at the 
expense of said board of improvement, and judgment of the 
said court shall be entered thereon either in term time or 
vacation, on motion of either part}^, for the amount of dam- 
ages reported : Provided, that either party may appeal 



198 iMpkovements, public. 18G9 

^gY'^^'^y^P- from said report to said circuit court within said twenty 
days, and such appeal shall be tried in tliesame manner as 
other issues are tried in said court. Such appeal shall be 
taken by giving notice thereof to the clerk of said court, in 
writing, and thereupon the said clerk shall docket said ap- 
peal, setting down said x^merican Bottom Board of Improve- 
ment as defendant, and the claimant or claimants as plain- 
tiff: Provided, also, it shall not be lawful for said com.- 
missioners to proceed in the assessment of damages, as 
aforesaid, in the absence of the owner or owners of the laud 
or other property sought to be condemned, his, her or their 
agents or attorneys, unless it shall be shown to them upon 
the daffidavit of a competent person that the owner or own- 
ers are non-residents or are absent from the state of Illinois, 
w <■„„ ^1- „o 01" ^hat the owner or owners have had at least five days' no- 

sessments. tiCQ in Writing ot the time and place at which such assess- 
ment was to be made; which notice shall also be served 
upon all persons in possession of lands and property required ; 
which service may be had by leaving a copy of such notice 
at the residence of such person, with some person of suita- 
able age and discretion ; and in case the owner or owners 
of such land and property shall be a non-resident, unknov/n, 
or otherwise incapable of being served with such notice, 
the service of such notice may be made by publisbing_ the 
same in a newspaper published in the city of East St. 
Louis, in said county : Provided, also, that upon the ma- 
king and filing of any report as aforesaid, or the payment 
and tender of the amount of such valuation to the clerk of 
said court, the said board of improvement, their agents or 
contractors under them, may immediately take and use the 
same without awaiting the issue of any appeal : Provided, 
kx^pc^imns he further, that in case of appeal on the part of said owner 
or owners, said board of improvement may, instead of pay- 
ing or tendering payment of said award as aforesaid, and 
with like eft'ect enter into bond, to be approved by said 
clerk, for the payment of whatever amount may on the issue 
of said appeal be awarded to said owner or owners : And, 
provided, that the costs of any such proceedings, and judg- 
ment specified in this section, shall be taxed by the court, 
and paid by said board of improvement, except in cases 
where upon appeal the verdict of the jury shall be 
for the same or a less sum than that reported by said com- 
missioners. 
Duty of clerk. §"^- The Secretary of Said board of improvement shall 
annually, on or before the 15th day of October, certify and 
return to the clerk of the county court of St. Clair county 
a list of the resident tax-payers of said district, alphabetically 
arranged, whereupon it shall be the duty of said clerk to 
find what rate per cent, the amount certified to him by said 
commissioners under sub-division 2, section 1 of this act, 



1869 IMPKOVEMENTS, PUBLIC. 199 



will require to be levied upon the taxable property in said 
district ; and when making out the tax-books for the col- 
lector it shall be the duty of said clerk to compute each 
taxable person's tax in said district, taking as a basis the 
total amount of taxable property returned by the county as- 
sessor for that year in said district. The said county clerk 
shall cause such person's tax so computed to be set upon 
the tax-book, to be delivered to the collector for that year, 
in a separate column, against each tax-payei's name or 
parcel of taxable property as it appears in said collector's 
book, to be collected in the same manner, at the same 
time and by the same persons as state and county taxes are 
collected : Provided, the assessments so made in the years Asses^mcutP, 
intervening between the regular biennial assessments of ^^™* 
real estate, as provided in the revenue acts, shall be based 
upon the tax-payer's real estate, as assessed, at the regular 
biennial assessment. The computation of each person's 
tax, and the levy made by the clerk as aforesaid, shall be 
final and conclusive : Provided, further, the rate shall be Proviso, 
uniform and the aggregate shall not exceed the amount cer- 
tified to by said commissioners as aforesaid. Said county 
clerk shall, before delivering the tax-book to the collector, 
make out and deliver to the treasurer of said board of im- 
provement a certificate of the gross amount by him thus 
levied and placed upon the tax- books ; and on or before the 
first day of April next, after the delivery of the tax-books 
containing the computation and levy of said taxes as afore- 
said, as soon thereafter as the treasurer of said board of 
improvement shall present the said certificate of the 
amount of said tax and make a demand therefor, the said 
collector shall pay to said treasurer the full amount of collector to 
said tax so certified by the county clerk, retaining from er.^ 
said amount one per centum as his fees, for collection, taking 
the receipt of said treasurer for the same : Provided, that 
said collector shall be allowed to deduct from said full 
amount of said tax so certified any sum unpaid and ap- 
pearing delinquent upon said tax-books and part of said 
sum. 

§ 5. In all cases where any lands in said district g^^a^<i»^eii«fi'- 
shaU be specially benefited by the works or improvements 
of said board of improvement, it shall be the duty of said 
commiBsioners to proceed to assess such benefits as a 
special tax against the land so benefited, and return such 
assessment to the county court of St. Clair county, at least 
fifteen days before a regular term of said court; and the 
county clerk of said county shall, thereupon, give at least jjgS'*^® ^'^^' 
ten days' notice in some weekly or daily newspaper pub- 
lished in the city of East St. Louis, of the making and re- 
turn of such assessments, and that said county court will, 



200 IMPfiOVEMENTS, PUBLIC. 1869 

at the next term thereof, hear and determine objections to 
and revise and correct said assessments. 

rwt^Hn^fr'^' § 6. At such term of said court, ail parties interested 
shall have the right to make objections to said assessment, 
and the county court shall have power to correct and revise 
such assessment in such manner as they shall deem proper ; 
and when such assessment shall have been revised and 
corrected, an order confirming the same shall be made by 
said court; and from the making of such order such 
assessment shall be a lien upon said lands, and shall 
bear interest until paid, that is the unpaid portions thereof, 
at tbe rate often per cent, per annum. 
retaining from said amount one per centum as his fees for 
collection, taking the receipt of said treasurer for the same : 
Provided, that said collector shall be allowed from said full 
amount of tax so certified, any sum unpaid and appearing 
delinquent upon said tax-books, and part of said sum. 

ers^8b™i?'asses3 § ^- ^^ ^^^ ^^^^^ whcre any lands or real estate in said 

benefits. district shall be specially benefited by the works or im- 

provements of said board of improvement, it shall be the 
duty of said commissioners to proceed to assess the anionnt 
of special benefits upon each separate lot, sub lot, piece or 
parcel of land, in proportion, as nearly as may be, to the 
benefits resulting thereto. And when the said commission- 
ers shall have completed any such assessment, they shall 
sign and return the same to the county court of St. Clair 
county, at least fifteen days before a regular term thereof; 
and tiie county clerk of said county shall thereupon file the 
same, and give at least ten days' notice, in some weekly or 
daily newspaper published in said city of East St. Louis, 
of the making and return of such assessment, and that said 
county court will, at the next term thereof, hear and de- 
termine any objections, made in writing, thereto ; and the 
said court sball also have power to revise and to correct 
such assessment. 

^ conpty courts § 0. At such term of said court, all parties interested 
shall have the right to make objections to said assessments ; 
and the county court shall have power to correct and revise 
such assessment in such manner as they shall deem proper. 
And when such assessment shall have been revised and 
corrected, an order confirming the same shall be made by 
said court, and from the making of such order, such assess- 
ments shall be liens upon said lands, and shall bear inte- 
rest until paid, that is the unpaid portions thereof, at the 
rate of ten per cent, per annum.* 
Accrueii in- 8 7. It shall bo the duty of the county clerk of said 

tertst added to -',, 11..1 ^ t*1 p • ■> ^ t^ h ,1 

tax lists. county to add to the tax lists of said lands, annually, the 

*NoTE. — The duty of this office is to secure an exact cofy of the laws as 
enrolled. The above stands as in the original. 

Secretary of State. 



1869 EMPEOVEMENTS, PUBLIC. 201 

interests accrued on such special assessments respectively ; 
and also ten per cent, of the principal of such assessments 
until fully paid, and said partial assessments so made each 
year, in liquidation of special assessment liens, shall be col- 
iected in the same manner as the general revenue. 

§ 8. The revenue derived by said board of improve- ^ Revenue, how 
ment, from special and general assessments, designated in ^^^^^ • 
subdivisions 2 and 3, of section 1 of this act, shall be 
applied to the payment of interest on the stock and 
bonds of said board of improvement, and for the re- 
demption and purchase of said bonds and stock, and for no 
other purpose. 

§ 9. The bonds and stock of said board shall be legal Bondsaiegai 
tender for all general and special taxes and assessments, es^ ^^ 
payable to and for the use of said board of improvement : 
Provided, that the stock of said corporation shall not be 
reduced to less than four hundred shares until the comple- 
tion of the works designed by said American Bottom Board 
of Improvement, under the authority of its charter. 

§ 10. Piovided^ that in the construction of any levee, conEtvuetion 
embankments, drains, or other works, said company shall " *^^^*' 
so construct the same as in no way to injure or to put or 
place in a worse condition the lands outside of the said 
levee, drains or embankments than the same were previous 
to the construction of the same: And^ provided, fiirth&r, 
that said company are hereby required to take within and 
so construct the levees, embankments and drains, as to in- 
close and protect all the land in township one north, range 
ten west, in the county of St. Clair, which is located north 
and west of Prairie Du Pont creek. 

§ 11. All acts and parts of acts in conflict with this act Eepeaicd. 
are hereby repealed. 

§ 12. This shall be deemed a public act, and be in force 
from and after its passage. 

Approved April 12, 1869. 



AN AC" to prevent the unjust delaying, by injunction, of public improve- In force March 



lents ordered by the proper authorities of the city of Chicago 



U, 1S69. 



Section 1. Be it enacted hy the Peojyle of the State of 
Illinois, represented in the General AssemUy, That when 
any public improvement or the opening, enlargement or writ of 
extension of any street or alley shall have been ordered by J'l^ction. 
the ])roperly constituted authorities of the city of Chicago 
thereto authorized, no writ of injunction or other restraiu- 
-26 



202 mPEOVEMENTS, PUBLIC. 186^ 

iug process shall be issued at the suit of any person or per- 
sons, by or out of any court empowered to grant such writ 
or process, whereby the making or carrying out of such 
proposed improvement, or the opening, enlargement or 
extension of such street or alley, may be hindered, impeded 
or delayed, on the ground of any alleged irregularity in 
the proceedings under which such improvement or the 
opening, enlargement or extension of any such street or 
alloy sijall have been ordered ; nor shall any such injunc- 
tion issue on the ground of want of authority or jurisdiction 
to make such order, except the judge to whom application 
shall be made for such injunction shall, after not less than 
xSotice to three days' notice to the corporation council of said city, 
find, on a hearing or examination of the matter, that the 
order has been made without authority or jurisdiction to 
make the same ; but this section shall not deprive any per- 
son or person.s of any legal right which he or they may 
have in the premises, by action in the proper courts of 
law. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Appeoved March 11, 1869. 



In i'oice April AN ACT to authorize certain counties and toirns to aid public improve- 
•''^S«9- ments. 

Section 1. Be it enacted hy ike People of the State of 

Illinois, represented in the General Assembly, That the 

Adams couu- county of Adams, including the city of Quincy as part 

^uincyrto^eiv thereof, is hereby authorized to subscribe for stock in auv 

scribe to two ■ *- ----J -- >.- i~ - ~ .--^j -£•,_* 

railroad!?. 



two companies organized or to be organized for the con- 
struction, severally or jointly, of two railroads, to-vdt : 
One from the city of Quincy, northward, by way of the 
town of Meudon, to the town of Carthage, in Hancock 
county, or extending northward beyond said town of Car- 
thage, and one from said city of Quincy, southwardly, by 
way of the town of Paysou, in the direction of Pittsfield, 
in Pike county, and beyond, in an amount, to each of said 
companies, not exceeding two hundred thousand dollars, 
or to both a sum not exceeding four hundred thousand 
dollars, to be equally divided between them. 
Subscription, § 2. Said Subscription or subscriptions shall be payable 
how payable, j^ {{^^ ])onds of Said county, in installments, as private sub- 
scriptions are called for. Said bonds bearing interest at a 
rate not exceeding six per cent, per annum, and payable in 
not exceeding twenty years; and shall be issued under an act 



1^69 IMPROVEMENTS, PUBLIC. 203 



of the general assembly entitled "An act relating to county 
and city debts, and to provide for the payment thereof by 
taxation in such counties and cities," approved February 
13th, A. D. 1865. Said act shall apply to such bonds, and 
said bonds shall be a debt alike against the city of Quincy 
as other portions of said county, as part and portion of said 
county. 

§ '6. The counties of Hancock, Pike and Warren shall „?fT,^^:.^^" 

, " , . - ' ana \v arrea . 

have the like povfers. 

§ 4. Any towns of either of said counties may sub- snbscnptiou. 
scribe to stock in said companies, or either of them, in 
sums not exceeding twenty thousand dollars each, and may 
is&ue town bonds in payment thereof, bearing not exceed- 
ing ten per cent, interest, and running not exceeding ten 
years; and such towns shall provide for payment of the 
interest and principal thereof by general or special annual 
taxation therein. 

§ 5. Before any such subscription in any such county or Petition, 
counties shall be made, on petition of lit'ty citizens of said 
county or counties, the board of supervisors of such county or 
counties shall, within sixty days from the time said petition 
is presented, cause the question of taking such stock to be 
submitted to the voters of said county or counties at an 
election to be held in the same, and upon a majority of the 
votes cast on the question being in favor of the subscrip- 
tion proposed, the chairman of the board of supervisors 
of such county or counties shall forthwith make such sub- . 
scription. Such elections shall be held at such time as the 
board of supervisors of such county or counties shall direct, 
and shall be conducted in all things the same as in case of 
elections for state officers, and all voters of such county or 
counties entitled to vote at state elections shall have a right 
to vote. 

§ 6. Before any such subscription shall be made in j^^^jsction to b« 
any such town, a vote shall be taken thereon by the voters 
thereof, and if a majority of the votes cast on the question 
proposed be in favor of subscribing, the supervisor of such 
town shall make such subscription ; and, on petition of ten 
voters of any such town, such vote shall be taken at an 
election to be held and conducted the same as other town 
elections. 

§ '7. The supervisors of each county subscribing stock . Represema- 
as aforesaid shall appoint two persons to represent the stock 
of such county which may be taken in said railroad or 
railroads. 

§ 8. This act shall take effect and be in force from and 
after its passage. 

Appkoved April 9. 1869. 



204: 



INCIDENTAL EXPENSES. 



1869 



INCIDENTAL EXPENSES. 



In force March _^i^ ^QT making appropriations for services rendered and materials fur- 
■^^" ^^^^- Dished, remaining unpaid and not otherwise provided for. 



Section 1. Be it enacted oy the People of the State of 
Illinois, represejited in the General Assembly^ That the 
Appropriations, following named sums be and they are hereby appropriated 
to pay the following named claims, w^hich are not other- 
wise provided for : 

To J. Q. Yan Ness, for one dozen spittoons, furnisbed 
for use in water closets, the sum of six dollars. 

To E. G. Thomas, for spittoons, pitchers and glasses, 
for use in both bouses, tbe sum of fifty-two dollars. 
H.N. Aiden. To H. N. Aldcu, for sash in rotunda, painting, repairing 
and glazing, etc., tbe sum of eeventy-eigbt dollars and sev- 
enty-live cents. 

To R. B. Zimmerman, for painting outside of state 
bouse and roof, tbe sum of four hundred and seventy-live 
dollars. 
Bagfott & Co. To Baggott, BLanratty & Co., for repairs to gas fixtures 
and chandeliers, and changing fixtures, etc., tbe sum of 
twenty-six dollars and twentj'-four cents. 
Engraving Co. To the Western Bank Note and Engraving Company of 
Chicago, for engraving, printing and mounting diagrams, 
tbe sum of four'hundred and forty-three dollars and fifteen 
cents. 

To tbe Western Bank Note and Engraving Company of 
Chicago, for letter beads for bouse and senate, tbe sum of 
six hundred and ten dollars. 

To Hopping tfe Ridgely, for fixtures and repairs in ball 
of representatives, tbe sum of eleven dollars and fifteen 
cents. 

To Nutt & Barkley, for chairs and desks for use in ball 
of representatives, the sum of one hundred and eight 
dollars. 



Eli Kreigh. 



To Eli Kreigb, for stoves, buckets, dust-pans, etc., for 
use in basement and balls of state bouse, the sum of one 
hundred and eleven dollars and thirty-five cents. 

To John Wood, for services as quartermaster for July, 
1S67, to January, 1869, tbe sum of fifty-eight dollars and 
twenty cents. 

To L. R. Brown, for services as clerk to tbe quartermas- 
ter, from February, 1867, to January, 1860, tbe sum of sixty 
dollars. 

To B. F. Fox, for locks, sbears and other hardware, for 
use in tbe state bouse, tbe sum of one hundred dollars. 



1869 INCIDENTAL EXPENSES. 205 



To John Williams & Co., for carpets, matting, etc., for j. wiiiiams& 
both halls, the sum of twenty nine hundred and seventy- ^°' 
eight dollars and sixty-seven cents. 

To Illinois Journal Company, for blanks, circuhirs, etc., inmois Journal 
furnished superintendent of public instruction daring the ^^P'*"^' 
years 18G7 and 1868, the sum of twenty-seven hundred 
and forty-two dollars and seventy-three cents. 

To Johnson & Bradford, for blank books, etc., for use 
of committees and clerks of both houses, the sum of five 
hundred and four dollars and ten cents. 

And for stationery for adjutant general's office, the sum 
of twenty-two dollars and fifteen cents. 

To J. A. Hough, for one dozen chairs, the sum of six- 
teen dollars. 

To Butler, Lane & Co., for baskets, brooms, etc., the sum BLUier, Lam& 
of one hundred dollars. ^°- 

To the United Stales Express Company, for transmission 
of packages for adjutant general's office, the sum of seventeen 
dollars and thirty-iive cents. 

To C. E. Felton, for wood for adjutant general's office, 
the sum of fifteen dollars. 

To Joel Johnson, for storage of printed volumes of the joei Johnson. 
report of the adjutant general, the sum of seventy-five 
dollars. 

To James C. Conkling, for rent of office for adjutant 
general, the sum of one hundred and fifty dollars. 

To Edward P. E'lles, for postage, etc., paid for use in 
adjutant general's office, the sum of fourteen dollars and 
fifteen cents. 

To Toledo, "Wabash and Western Eailway Company, for Railway co. 
transportation of men and arms, the sum of fifty-six dol- 
lars and twenty-two cents. 

To the policemen, porters, firemen and mail carriers, em- Porters. 
ployed during this session, each the sum of six dollars per 
day, as full compensation, the number of days to be certi- 
fied by the officers employing them, and to be approved 
by the governor. 

To John Jackson, for attendance and cleaning of water 
closets, the sum of six dollars per day, during the session, 
to be certified by the governor of [the] state. 

To John Kuecherer, AdamDoenges and Daniel S. Lum- 
bard, for extra services as porters and laborers, daring the 
years 1867 and 1868, each the sum of one hundred dol- 
lars. 

To the publishers of the Illinois State Journal and the Journal and 
Illinois State Kegister, for publishing the proceedings and ^^^i^***"^ ^°^- 
deferred debates of this general assembly, each the sum of 
five dollars per column of solid nonpareil type, the standard 
of measure to be the columns published in said Journal, to 



20f> liNClDENTAL EXPENSES. 1869 

b(j certified by the secretary of state and auditor of public 
accounts. 
Newspapers. To the Several publishers who furnished newspapers for 

this general assembly, a sum sufficient to pay all the bills 
for the same, according to resolution, to be certified by the 
clerks and speakers of the respective houses, 
cieri^'ymen. ^0 the clergymen who officiated during this session, each 

the sum of fifty dollars, to be certified by the secretary of 
the senate and the clerk of the house of representatives. 

To Ely, Burnham & Bartlett, the official reporters, the 
sura of fifteen dollars per day for each of their reporters — 
the number of days of actual service to be certified by the 
speakers of the respective houses. 

To Wm. Biilington, for making diagram of the house, 
the sum of twenty-five dollars. 
For le-ai ser- To Jamcs Strain, for legal services rendered in the case 
vices. " Qf the People m, A. T. Gilbert, the sum of four hundred 

dollars. 

A sum sufficient to defray the expenses of boxing, pack- 
ing and shipping the ten copies of the adjutant general's 
report to each member of this general assembly. Bills to 
be approved by the governor. 
Railway Co, To the Jcffersonville, Madison and Indianapolis Kail- 

road Company, for military transportation in 1S63 and 
1865, the sum of one hundred and seven dollars and thirty- 
three cents. 
\ T Lnvreace To Allen T. Lawreucc, for two months' services as local 
detective at Springfield, Illinois, to carry out the law 
authorizing the drafting of men for military service, three 
hundred dollars. 

To the members of the joint committee on state institu- 
tions and penitentiary, each, the sum of thirty dollars, for 
traveling expenses. 

To the lieutenant-governor, for postage, the sum of sev- 
enty-five dollars. 
E A Pi er '^'^ ^' ^- P'P^r, tor scrviccs and expenses in executing 

''*"' duties as cattle commissioner, appointed by the governor, 
the sum of two hundred and sixty-two dollars. 

To Harvey ISI. Edwards, for services and expenses in 
executing duties as cattle commissioner, appointed by 
the governor, the sum of one hundred and ninety-three 
dollars. 

To John Megredy, for carriage hire for cattle com.mis- 
sioners to go to the slaughter-house, the sum of twenty -four 
dollars. 
Furni.h'11'' re- To Ely, Buruham (Je Bartlett, for furnishing report, for 
pons. ■ " " publication, of proceedings of tlie state commissioners in 
regard to the Texas cattle disease, the sum of two hundred 
and twenty-five dollars. 



I860 Incidental expenses. 207 



To John P. Eeynolds, Dr. Kile and Dr. H. C. Johns, Reynolds, mie 
for services rendered and expenses in cattle convention '^'^'^ '^°^"^- 
held in Springfield, Dec. 1st, 1868, each, the snm of twen- 
ty-five dollars. 

To S. N. Little & Son, for carriage and omnibus hire 
for the use of the cattle commissioners, the sum of thirty 
dollars. 

To J. Taylor Smith, acting postmaster at Springfield, 
Illinois, the sum of one hundred and thirty-five dollars 
and forty cents, for postage on newspapers ordered by this 
general assembly. 

To the secretary of the senate and his assistants, the officers of 
clerk of the house of representatives and his assistants, ^"^'^ *^""^^^' 
each, the sum of two dollars per day ; the chief enrolling 
and engrossing clerks of both houses, each, the sum of four 
dollars per day; the assistant enrolling and engrossing 
clerks of both houses, the seigeant-at-arms of the senate and 
the door-keeper of the house and their assistants, each, the 
sum of two dollars per day, and the postmasters of the two 
houses and their assistants, each, the sum of two dollars 
per day, for extra services during the present session, to 
be certified by the speakers of their respective houses. 

To the extra clerks of both houses, during this session of Exua clerks. 
the general assembly, each, the sum of eight dollars per 
day, to be certified by the speakers of the two houses. 

Also, a sum sufficient to defray costs of procuring testi- 
mony, and expenses and per diem of short-hand reporters 
and witnesses who have attended before committees of 
either house, the amount, in each case, to be certified by 
the chairman of the proper committee, and by the speaker 
of the house of which he is a member. 

To Jonathan Merriam, contestant from the 37th repre- i^°[o^°^*®^^'''^ 
sentative district, the sum of four hundred and ninety dol- 
lars and thirty cents, for expenses incurred by him in 
contesting the seat of Hon. S. E-. Saltonstall ; also, the 
same per diem and mileage as is allowed members of the 
house of representatives for attendance, to be certified by 
the speaker of the house of representatives. 

To clerks of committees, not otherwise provided for, 
each, the sum of eight dollars per day, to be certified by 
the chairnian of their respective committees and the speak- 
ers of their respective houses. 

To the pages employed in both houses of this general Pai-e?. 
assembly, also, to the pages in the ofiice of the governor 
and secretary of state, each, the sum of three dollars per 
day, to be certified by the officer appointing them. 

Also, a sum sufficient to pay all debts created for or by 
order of this general assembly, not to exceed eight thou- 
sand dollars — bills to be certified by the secretary of state 
and approved by the governor. Also, a sum sidficient to 



208 iNCIDENTAL EXPENSIiS. 1869 



For committee p^y j-gnt Qf pooms and officGS occnpied bj committees and 



rooms. 



engrossmo; clerks, to include fuel and lights for same — bills 
to be certified by the chairman of the committee or by tlie 
chief eni^rossing clerks, as the case may require. 

To the speaker of the senate, and to each member of the 
general assembly, the sum of three hundred dollars, for 
extra expenses incurred by them for room rent, clerk hire, 
fuel and' lights, during the session. 

To Alexander White, for binding the report of the Hon. 

I. N. Morris, the sura of forty-six dollars and forty-five 

cents. 

Private secie- To the private secretary of the governor, the sum of live 

tary of governor ^^^j^j,g per day, for extra services during ;the present 

session. 

A sum, not exceeding four thousand dollars, to pay the 
expenses of the joint committee appointed by the last 
general assembly to investigate the affairs of the state insti- 
tutions, and for witnesses, officers and reporters servin^c 
and attending said committee, to be paid to the several 
persons entitled to the same, on bills of particulars to be 
approved by the governor. 
E.n. Taibott. To E. H. Talbott, the sum of one hundred dollars, for 
services rendered in the office of the adjutant-general, in 
December, 1864, and expenses of traveling from Beividere 
to Springfield, and return. 

To the clerks employed by the governor and secretary 
of state in their offices," and to the clerk in the library, each, 
the sum of eight dollars per day during the session, certi- 
fied by the secretary of state and approved by the gover- 
nor. 
Clerk of ubrary And to the clerk who acted in the library during the 
special sessions of the last general assembly, a like sum per 
day, for each day of said session, to be paid upon a proper 
certificate of his services. 

To H. W. Graves, for stationery furnished for the pre- 
sent general assembly, the sum of three thousand three 
hundred and eighty-five dollars and twenty cents. 
o. w. Chatter- To G, W. Chatterton, for one hundred and sixteen reams 
'°°' of printing paper furnished on the 25th day of August, 

1868, the sum of sixteen hundred and seventy-seven dollars 
and thirty-six cents. 

To Geo. W. Chatterton, for three hundred and thirty 
reams of printing paper furnished on the 4th day of De- 
cember, 1868, the sum of two thousand three hundred and 
seventy-six dollars. 

To Geo. W. Chatterton, for one thousand reams of print- 
ing paper furnished on the sixth day of January, 1869, the 
sum of seven thousand two hundred dollars. 

A sum, not to exceed one thousand dollars, to repair the 
6tate arsenal and to make the necessary arrangements for 



1869 INSTJRANCE. 209 

the offices of the adjutaut general and ordnance officer in 
said building — bills to be certified by the adjutant-general 
and approved by the governor. 

To the joint committee of both houses, to investigate the 
Illinois Industrial College at Iverton [?], a sum sufficient to 
pay the necessary expenses of said committee, witnesses 
and reporters attending the same — bills to be certified by 
the chairman of the committee. 

§ 2. The auditor of public accounts is hereby directed 
to draw warrants on the treasurer for the sums provided 
for in this act, upon the filing of bills properly certified as 
herein specified ; and the treasurer shall pay the same out 
of any moneys in the treasury not otherwise appropriated. 

§ 3. This act is hereby declared a public act, and 
shall take effect and be in force from and after its pas- 
sage. 

Approved March 11, 1869. 



INSURANCE. 



AX ACT to incorporate and to govern fire, marine and inland navigation In force condi- 
insurance companies doing business in the state of Illinois. tionally. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That any 
number of persons, not less than thirteen, may associate objects of in- 
and form an incorporated company for the following pur- ^°-p°"^^*^°°' 
poses, to- wit: To make insurance on dwelling houses, 
stores, and all kinds of buildings, and upon household fur- 
niture and other property, against loss or damage by fire, 
and the risks of inUmd navigation and transportation. 
Any and all insurance companies hereafter incorporated 
under the provisions of this act, which shall, in the decla- 
ration and charter provided to be filed, have expressed an 
intention to make insurance, or which shall have power to 
make insurance against loss or damage by the risks of in- 
land navigation or transportation, shall have power to 
make insurance upon vessels, boats, cargoes, goods, mer- 
chandise, freights, and other property against loss and dam- 
age by all or any of the risks of lake, river, canal, and 
inland navigation and transportation. 

—2-7 



210 iNstJKANci:. 1869 

Re-insarance. § 2. Any companies organized under this act shall 
have power to effect re-insurance of any risks taken by 
them respectively. 
•Declaration ^ 3. Siich persous shall file in the office of the auditor 
of public accounts a declaration, signed by all the corpo- 
rators, expressing their intention to form a company for 
the purpose of transacting the business of insurance as ex- 
pressed in the first section of this act, which declaration 
shall also comprise a copy of the charter, proposed to be 
adopted by them, and shall publish a notice of such their 
intention, once in each week, for at least four weeks, in a 
public newspaper in the county in which such insurance 
company is proposed to be located. 

Charters. § 4. The charter comprised in such declaration shall 

set forth the name of the company, the place where the 
principal ofiice for the transaction of its business shall be 
located, the mode and manner in which the corporate pow- 
ers granted by this act are to be exercised, the mode and 
manner of electing trustees or directors, a majority of whom 
shall be citizens of this state, and of filling vacancies, (but 
each director of a stock company shall be the owner, in his 
own right, of at least five hundred dollars worth of the 
stock of such company, at its ])ar value,) the period for the 
commencement and termination of its fiscal year, and the 
amount of capital to be employed in the transaction of its 
business ; and the auditor of public accounts shall have the 
right to reject any name or title of any company applied for, 
when he shall deem the name too similar to one already 
appropriated, or likely to mislead the public in any re- 
spect. 
companypro- ^ 5_ jv^'q company formed under this act shall, directly 

hibired from '^,. ii i-i • n- i 

mercantile busi- or indirectly, deal or trade m buying or selhng any goods, 
°^®^' wares, merchandise, or other commodities whatever, except- 

ing such articles as may have been insured by such company, 
and are claimed to be damaged by fire or water. 
Conditions § 6. No joint stock Company shall be incorporated un- 
t'ranlaa'?n-bns° ^^^' ^^^^ act in the city of Chicago, nor shall any company 
inessK. Chicago incorporated under this act, establish any agency for the 

and other parts ^ i ^. x" i • • -i -l -^.u ii -^ i 

ofthestate. transaction of business in said city with a smailer capital 
than one hundred and fifty thousand dollars, actually paid 
in, in cash, nor in any other county in this state with a 
smaller capital than one hundred thousand dollars, actually 
paid in, in cash ; nor shall any company, formed under this 
act, for the purpose of doing the business of fire or inland 
navigation insurance, on the plan of mutual insurance, 
commence business, if located in the city of Chicago, nor 
establish any agency for the transaction of business of said 
city, until agreements have been entered into for insurance 
with at least four hundred applicants, the premiums on 
which shall amount to not less than two hundred thousand 



1869 INSTJEA2fCE. 211 

dollars, of which forty thousand dollars at least shall have 
been paid in cash, and notes of solvent parties founded on 
actual and hona fide applications for insurance shall have 
been received for the remainder ; nor shall any mutual insu- 
rance company, in any other part of the state, commence 
business until agreements have been entered into for in- 
surance with at least two hundred applicants, the premiums 
on which shall amount to not less than one hundred thou- 
sand dollars, of which twenty thousand dollars at least 
shall have been paid in cash, and notes of solvent parties, 
founded on actual and hona fide applications for insurance, 
shall have been received for the remainder. No one of 
the notes received as aforesaid shall amount to more than 
five hundred dollars, and no two shall be given for the 
same risk, or be made by the same person or firm, except 
where the whole amount of such notes shall not exceed 
five hundred dollars; nor shall any such note be repre- 
sented as capital stock unless a policy be issued upon the 
same within thirty days after the organization of the com- 
pany, upon a risk which shall not be for a shorter period 
than twelve months. Each of said notes shall be payable 
in part or in whole at any time when the directors shall 
deem the same requisite for the payment of losses by fire 
or inland navigation, and such incidental expenses as may 
be necessary for transacting the business of said company. 
And no note shall be accepted as part of such capital stock 
unless the same shall be accompanied by a certificate of a 
justice of the peace, or supervisor of the town or city where 
the person making such note shall reside, that the person 
making the same is, in his opinion, pecuniarily good 
and responsible for the same ; and no such note shall 
be surrendered during the life of the policy for which it 
was given. No joint stock fire insurance company, or- 
ganized under this act or transacting business in this state, 
shall expose itself to any loss on any one fire or inland 
navigation risk or hazard to an amount exceeding ten per 
cent, of its paid up capital. 

§ 7. It shall and may be lawful for the individuals asso- gg^^g ^^ 
ciated for the purpose of organizing any company under this subscription, 
act, after having published the notice and filed the declara- 
tion and charter as required by the third section of this act, 
and also on filing in the office of the auditor of public ac- 
counts proof of such publication by the affidavit of the 
publisher of such newspaper, his foreman or clerk, to open 
books for subscription to the capital stock of the company 
so intended to be organized, and to keep the same open 
until the full amount specified in the charter is subscribed ; 
or in case the business of such company is proposed to be 
conducted on the plan of mutual insurance, then to open 
books to receive propositions, and to enter into agreements 



212 INSURANCE. 1869 

in the manner and to the extent specified in the sixth section 
of this act. 
Capital, how § 8. It shall be lawful for any insurance company 
invested. organized under this act, or any such company incorpo- 

rated under any law of this state, to invest its capital and 
the fund accumulated in the course of its business, or any 
part thereof, in bonds and mortgages on improved unin- 
cumbered real estate within the state of Illinois, worth fifty 
per cent, more than the sum loaned thereon, (exclusive of 
buildings, unless such buildings are insured a,nd the policy 
transferred to said company); and, also, in the stocks of 
this state, or stocks or treasury notes of the United 
States ; and, also, in bank stock of national banks ; and, 
also, in the stocks and bonds of any county or incorporated 
city in this state authorized to be issued by the legislature ; 
and to lend the same, or any part thereof', on the security 
of such stocks or bonds, or treasury notes, or upon bonds 
and mortgages as aforesaid, and to change and re-invest 
the same as occasion may, from time to time, require ; but 
any surplus money, over and above the capital stock of 
such fire and inland navigation insurance companies, or 
any such insurance companies incorporated under any law 
of this state, may be invested in or loaned upon the pledge 
of the public stocks or bonds of the United States or any 
one of the states, or the stocks, bonds or other evidences 
of indebtedness of any solvent, dividend-paying institution 
incorporated under the laws of this state or of the United 
States, except their own stock : Provided^ alivays, that the 
current market value of such stocks, bonds and other evi- 
dences of indebtedness shall be, at all times during the 
continuance of such loans, at least ten per cent, more than 
the sum loaned thereon. 
Limitation on § 9. No compauy Organized by or under this act shall 
puiThase^s ami p^^j-c^j^se, hold or couvcy real estate, excepting for the pur- 
estate, poses and in the manner herein set forth, to- wit : Firsts such 
as shall be requisite for its convenient accommodation in the 
transantion of its business ; or, Second^ such as shall have 
been mortgaged to it in good faith, by way of security for 
loans previou'sly contracted, or for money due ; or, T/iird^ 
such as shall have been conveyed to it in satisfaction of debts 
previously contracted in their legitimate business or for mon- 
ey due ; or. Fourth, such as shall have been purchased at sales 
upon judgments, decrees or mortgages obtained or made for 
such debts ; and it shall not be lawful for any such company 
to purchase, hold or convey real estate in any other case or 
for any other purpose ; and all such real estate as may be 
acquired as aforesaid, and which shall not be necessary for 
the accommodation of such company in the transaction of 
its business, shall be sold and disposed of within five years 
after such company shall have acc^uired title thereto, unless 



1869 INSCKANOE. 213 

the company shall procure a certificate from the auditor of 
public accounts, that the interests of the company will suffer 
materially by a forced sale thereof; in which event the sale 
may be postponed for such a period as the said auditor shall 
direct in said certificate ; and the said auditor may also 
give such certificate and extend the time for holdiug; real 
estate, in the like circumstances, on the application of any 
insurance company heretofore incorporated. 

^ 10. The charter and proof of publication herein re- Auditor to 

V T , , ,., 1 , ^ , ' 1 11 1 cause an exami- 

quired to be filed by every such company, shall be exam- nation, 
ined by the attorney general, and if found conformable to 
this act and not inconsistent with the constitution or laws 
of this state, shall be certified by him to the auditor of 
public accounts, who shall thereupon cause an examination 
to be made, either by himself or by three disinterested 
persons specially appointed by him for that purpose, who 
shall certify, under oath, that the capital herein required of 
the company named in the charter, according to the nature 
of the business proposed to be transacted by such company, 
has been paid in, and is possessed by it in money or in 
such stocks and bonds and mortgages as are required by the 
eighth section of this act, or of a mutual company, that it 
has received and is in actual possession of the capital, pre- 
miums or hona fide engagements of insurance or other se- 
curities, as the case may be, to the full extent and of the 
value required by the sixth section of this act ; and the 
name and the residence of the maker of each premium note 
forming part of the capital, and the amount of such note, 
shall be returned to the said auditor, and the corporators 
and officers of such company shall be required to certify, 
under oath, that the capital exhibited to those persons is 
hona fide property of the company. Such certificate shall 
be filed in the office of the said auditor, who shall thereup- 
on deliver to such company a certified copy of the charter 
and of said certificates, which, on being filed in the office 
of the clerk of the county where the company is to be loca- 
ted, shall be their authority to commence business and 
issue policies ; and such certified copy of the charter and 
of said certificates may be used in evidence for or against 
said company with the same effect with the originals, and 
shall be conclusive evidence of the fact of the organization 
of such company. 

§ 11. The corporators or the trustees or directors, as By-iaws, seal, 
the case may be, of any company organized under this act 
shall have power to make such by-laws, not inconsistent 
with the constitution or laws of this state, as may be 
deemed necessary for the government of its officers and the . 
conduct of its affairs, and the same, when necessary, to 
alter and amend '; and they and their successors may have 



214 INSURANCE. 



a common seal and may change and alter the same at their 
pleasure. 

liv dends. g 12. It sliall not be lawful for the directors, trustees 

or managers of any such insurance company to make any 
dividend except from the surplus profits arising from their 
business ; and in estimating such profits there shall be 
reserved therefrom a sum equal to the whole amount of 
unearned premiums on unexpired risks and policies, and, 
also, there shall be reserved all suras due the corporation 
on bonds and mortgages, stocks and book accounts, of which 
no part of the principal or the interest thereon has been 
paid durii)g the last year, and for which foreclosure or suit 
has not been commenced for collection, or which, after 
judgment obtained thereon, shall have remained more than 
two years unsatisfied, and on which interest shall not have 
been paid ; and, also, there shall be reserved all interest due 
or accrued and remaining unpaid : Provided^ always^ that 
any company may declare dividends, not exceeding ten per 
cent, on its capital stock in anyone year, that shall have 
accumulated and be in possession of a fund, in addition to 
the amount of its capital stock and of such dividend, and 
all actual outstanding liabilities, equal to one-half of the 
amount cf all preminmson risks not terminated at the time 
of making such dividend. Any dividend made contrary 
to these provisions shall subJL-ct the company making the 
same to a forfeiture of its charter, and each stockholder re- 
ceiving it to a liabihty to the creditors of such company to 
the extent of the dividend received, in addition to the other 
penalties and punishments in such case made and provided, 
Thid section shall not apply to the declaration of scrip 
dividends by participating companies, but no such scrip 
dividends shall be paid except from surplus profits after 
reserving all sums as above provided, including the whole 
amount of premiums on unexpired risks. The word 
"year," wherever used in this section, shall be construed 
to mean the calendar year. 

Disposition of § 13. All notcs deposited with any mutual insurance 
company at the time of its organization, as provided in 
section six (6), shall remain as security for all losses and 
claims until the accumulation of the profits invested as re- 
quired by the eighth (8) section of this act shall equal the 
amount of cash capital required to be possessed by stock 
companies organized under this act, the liability of each 
note decreasing proportionately as the profits are accumu- 
lated ; but any note which may have been deposited with 
any such mutual insurance company subsequent to its 
. organization, in addition to the cash premium, or any insu- 
rance efltected with such company, may, at the expiration 
of the time of such insurance, be relinquished and given 
up to the maker thereof or his representative, upon his 



1869 INSUKANCE. 215 

paying his proportion of all losses and expenses which 
may have accrued thereon during such term. The direc- 
tors or trustees of any such company shall have the right 
to determine the amount of the note to be given, in addi- 
tion to the cash premium, by any person insured in such 
company, but in no case shall the note be more than live 
(5) times the whole amount of the cash premium ; and every 
person efieccing insurance in any mutual company organ- 
ized under this act, and also their heirs, executors, admin- 
istrators and assigns continuing to be so insured, shall 
thereby become members of said corporation during the 
period of insurance, and shall be bound to pay for losses 
and such necessary expenses, as aforesaid, accruing in and 
to said company, in proportion to the amount of his depo- 
sit note or notes. The directors shall, as often as they 
deem necessary, after receiving notice of any loss or dam- 
age by fire sustained by any member, and ascertaining the 
same, or after the rendition of any judgment against said 
company for loss or damage, settle and determine the sums 
to be paid by the several members thereof as their respect- 
ive portion of such loss, and publish the same in such man- 
ner as they shall see fit, or as the by-laws shall have pre- 
scribed, and the same [sum] to be paid by each member shall 
always be in proportion to the original amount of his deposit 
note or notes, and shall be paid to the ofiicers of the com- 
pany within thirty (30) days next after the publication of 
said notice; and if any member shall for the space of thirty 
(30) days after the publication of said notice and service of 
such notice upon such member by mail, directed to him at 
his post-oflice address as written in or upon his application 
for insurance, neglect or refuse to pay the sum assessed 
upon him as his proportion of any loss as aforesaid, in such 
case the directors may sue for and recover the whole 
amount of his deposit note or notes, with cost of suit ; but 
execution shall only issue for assessments and costs as they 
accrue. If the whole amount of the deposit notes shall be 
insufficient to pay the loss occasioned by any fire or fires, 
in such case the suflerers insured by the said company shall 
receive, toward making good their respective losses, a pro- 
portional share of the whole amount of said notes, accord- 
ing to the sums by them respectively insured, but no 
member shall ever be required to pay for any loss occa- 
sioned by fire or inland navigation more than the whole 
amount of his deposit note. 

§ 14. Every fire and inland navigation insurance com- Mntnai and 
pany hereafter organized, if it be a mutual company, ^P^^ compa- 
embody the word " mutual" in its title, which shall appear 
on the first page of every policy and renewal receipt ; 
and every company doing business as a joint stock com- 



216 INSURANCE. 1869 

pany shall, upon the face of its policy, in some suitable 
manner, express that such policy is a stock policy, 
sniis by and § 15. Suits of law may be maintained by any corpora- 

aeainst corpora- ^Jon formed Under this act against any of its members or 
stockholders, for any cause relating: to the business of such 
corporation; also, suits at law may be prosecuted and main- 
tained by any member or stockholder against such corpo- 
ration, tor any losses which may have accrued if payment 
is withheld alter such losses may have become due. 
Liability of § 16. The trustees and corporators of any company 

^'o'J*^o';^''t,^j!^'^ '^" organized under this [act] shall be severally liable for all 
debts or responsibilities of such company, to the amount 
by him or them subscribed, until the whole amount of the 
capital of such company shall have been paid in, and a cer- 
tificate thereof recorded as hereinbefore provided. N"ote8 
taken in advance of premiums under this act are not to be 
considered debts of the company, in determining whether a 
company is insolvent, but are to be regarded as assets of 
the company. 
Existing; com- § 17, Any existing joint stock fire insurance company 

fe^nd'^theTr^chn^I heretofore incorporated under the laws of this state, and 

^'^'■^- any company organized under this act, having a capital of 

at least one hundred thousand dollars, may, without in- 
creasing its capital, at any time within two years previous 
to the termination of its charter, after giving notice, at 
least once a week for four weeks successively, in a news- 
paper published in the county where such company is loca- 
ted, of such intention, and with a declaration, under its 
corporate seal, signed by the president and two-thirds of 
its directors, of their desire for such extension, extend the 
term of its original charter to the time specified in the 
twenty-sixth section of this act, by altering and amending 
the same so as to accord with the provisions of this act. 
and tiling a copy of such amended chartei', with the decla- 
ration aforesaid, in the office of the auditor of public ac- 
counts, whereupon the same proceedings shall be had as 
are required in the tenth section of this act ; and any mu- 
tual insurance company, heretofore incorporated or organ- 
ized under any of the laws of this state, having surplus 
assets, aside from premiums and stock notes, suihcient to 
re-insure all its outstanding risks, after having given notice 
once a week, for four weeks, of their intention and of the 
meeting hereinafter provided for, in a newspaper published 
in the county where such company is located, may, with 
the consent of two-thirds of the corporators or members pres- 
ent at any regular annual meeting, or at any special meet- 
ing duly called for the purpose or with the consent, in 
writing, of two-thirds of the corporators or members of 
such company, and the consent, also, of three-fourths of 
the trustees or directors, unless otherwise provided in the 



1869 INSUKANCE!. 217 

charter, become a joint stock company, by conforming its 
charter to and otherwise proceeding in accordance with 
this act ; and every member of such company, on the day 
of said annual or special meeting or the date of said written 
consent, shall be entitled to priority in subscribing to the 
capital stock of said company for one month after the open- 
ing of the books of subscription to such capital stock, in 
proportion to the amount of cash premiums paid in by such 
members on unexpired risks in force on the day of said 
annual or special meeting, or the date of said written con- 
sent; and every company so extended or changed shall 
come under the provisions of this act, in the same manner 
as if it had been incorporated originally under, this act. 

§ 18. Any existing fire insurance company, and any how^SreSl 
company formed under this law, may, at anytime, increase 
the amount of its capital stock, after notice given, once a 
week for four weeks, in any newspaper published in the 
county where such cpmpany is located, of such intentions, 
with the written consent of three-fonrths, in amount, of its 
stockholders, unless otherwise provided in its charter, or if 
a mutual company, with the unanimous consent of its trus- 
tees, unless otherwise provided in its charter, by altering 
or amending their charter in this respect, and filing a copy 
of their charter, so amended, together with a declaration 
under its corporate seal, signed by its president and direc- 
tors, of their desire so to do, with such written consent of 
three-fourths, in amount, of its stockholders, or the unani- 
mous consent of the trustees as aforesaid, to such increase, 
in the office of the auditor of public accounts, and upon the 
same proceedings had as are required by the tenth section 
of this act, 

§ 19. All insurance companies heretofore organized in Existingcom- 
the state of Illinois, and now doing business in this state, under^MsTcL 
are hereby brought under all the provisions of this act, ex- 
cept that their capitals may continue of the amounts and 
character named in and authorized by their respective 
charters, during the existing term of such charters ; and 
the investments of the capital and assets of such companies 
may remain the same as prescribed by their charters, any- 
thing in this act to the contrary notwithstanding ; and such 
companies shall also be entitled to all the privileges and 
powers granted by said charters. 

§ 20. All companies incorporated or extended under Bodies corpo- 
this act shall be deemed and taken to be bodies corporate '^'^^"^ p°'^'^'' 
and politic, in fact and in name, and shall be subject to all 
the provisions of law in relation to corporations, so far as 
the same are applicable. 

§ 21. It shall be the duty of the president or vice-presi- ^i^l^dntrof 
dent and secretary of each company organized under this auditor, 
act, or incorporated under any law of this state, annually, 
—28 



218 INSUEANCE. 1869 

fon the first day of January of each year, or within one 
[month thereafter, to prepare, under their own oath, and 
deposit in the office of the auditor of public accounts, a 
statement of the condition of such company on the thirty- 
first day of December then next preceding, exhibiting the 
following facts and items in the following form, namely : 

First. — The amount of the capital stock of the company 
actually paid in. 

Second. — The property or assets held by the company, 
specifying : 

1st. The value, or nearly aa may be, of the real estate 
held by such company. 

2d. The amount of cash on hand and deposited in baniis 
to the credit of the company, specifying in what banks the 
same are deposited. 

3d. The amount of cash in the hands of agents and in 
course of transmission. 

4th. The amount of loans secured by mortgages and 
bonds, constituting the first lien on real estate, on which 
there shall be less than one year interest due or owinc^. 

5th. The amount of loans on which interest shall not 
have been paid within one year previous to such state- 
ment. 

6th. The amount due the company on which judgments 
have been obtained. 

7th. The amount of stocks of this state, of the United 
States, of any incorporated city of this state, and of any 
other stocks owned by the company, specifying the amount, 
number of shares, and "par" and " market" value of each 
kind of stock. 

8th. The amount of stocks held thereby as collateral 
security for loans, with the amount loaned on each kind of 
stock, its par value and the market value. 

9th. The amount of assessments on stock or premium 
notes, paid and unpaid, specifying each. 

10th. The amount of interest actually due and unpaid. 

11th. The amount of premium notes on hand on which 
policies are issued. 

12th. The amount of installment notes on hand on 
which policies are issued. 

Third. — The liabilities of such company, specifying : 

1st. The amount of losses due and yet unpaid. 

2d. The amount of claims for losses resisted by the 
company. 

3d. The amount of losses incurred during the year, 
including those claimed and not yet due, and including the 
probable amount of those reported to the company, upon 
which no action has been taken. 

4th. The amount of dividends declared and due, and 
remaining unpaid. 



1869 INSURANCE. 219 

5th. The amount of dividends, if any, declared but not 
yet due. 

6th. The amount of money borrowed and security, if 
any, given for the payment thereof. 

7th. All other existing claims against the company, 
and also the gross amount of outstanding risks, and the 
gross amount of premiums thereon unearned. 

Fourth. — The income of the company during the pre- 
ceding year, specifying : 

1st. The amount of cash premiums received. 

2d. The amount of notes received for premiums. 

3d. The amount of interest money received. 

4th. The amount of income received from other sources. 

Fifth. — The expenditure during the preceding year, 
specifying : 

1st. The amount of losses paid during the year, stating 
how much of the same accrued prior and how much subse- 
quent to the date of the preceding statement, and the 
amount at which such losses were estimated in such pre- 
ceding statement. 

2d. The amount of dividends paid during the year. 

3d. The amount of expenses paid during the year, 
including commissions and fees to agents and officers of the 
company. 

4:th. The amount paid in taxes, specifying the amount 
paid in this state. 

5th. The amount of all other payments and expendi- 
tures. It shall be the duty of the auditor to establish a 
classification of risks into any number of classes not less 
than four, according to the degree of hazard of such risks ; 
and the auditor shall require, said companies, as a part of 
the aforementioned statement, to give the number of poli- 
cies in force, covering property embraced in each of said 
classes, and the aggregate amount at risk upon property in 
each class. The auditor of public accounts is hereby 
authorized and empowered to address any inquiries to any 
insurance company, or the secretary thereof, in relation to 
its doings or condition, or any other matter connected with 
its transaction, and it shall be the duty of any company so 
addressed to promptly reply, in writing, to any such inqui- 
ries. The statement of any company, the capital of which 
is composed, in whole or in part, of notes, shall, in addition 
to the foregoing, exhibit the amount of notes originally 
forming the capital, and also what proportion of feaid notes 
is still held by such company and considered capital. The 
statements herein provided for shall be in lieu of any and 
all statements now required by any existing law, and the 
several provisions of the acts approved February 14, 1855, 
and January 22, 1857, are hereby repealed. Every insu- 
rance company, organized under any law of this state, 



220 INSURANCE. 1869 

failing to make and deposit such statements, or to reply to 
any inquiry of the said auditor, shall be subject to the penal- 
ty of live hundred dollars, and an additional live hundred 
dollars for every month that snch company shall continue 
thereafter to transact any business of insurance. It shall 
be the duty of the auditor of public accounts to cause to 
be prepared and furnished to each of the companies, and 
to the attorneys of companies incorporated by other states 
and foreign governments, printed forms of the statements 
required by this act, and he may, from time to time, make 
such changes in the form of such statements as shall seem 
to him best adapted to elicit from the companies a true 
exhibit of their condition, in respect to the several points 
hereinbefore mentioned. It shall be the duty of the audi- 
tor of public accounts to cause the information contained in 
the statements required by this section to be arranged in a 
tabular form, and printed in his biennial report. 
Requisites for § 22. It shall not be lawful for any insurance company, 
["iel^ioinlTfsil associatiou, or partnership incorporated by or organized 
sfate. ™ ''^^ under the laws of any other state of the United States, or 
any foreign government, for any of the purposes specified 
in this act, directly or indirectly, to take risks or transact 
any business of insurance in this state unless possessed of 
the amount of actual capital required of similar companies 
formed under the provisions of this act ; and any such 
company desiring to transact any such business, as afore- 
said, by any agent or agents in this state shall first appoint 
an attorney in this state on whom process of law can be 
served, and file in the ofBce of the auditor of public ac- 
counts a written instrument, duly signed and sealed, certi- 
fying such appointment, which shall continue until another 
attorney be substituted ; and any process issued by any 
court of record in this state, and served upon such attor- 
ney by the proper officer of the county in which such at- 
torney may reside or may be found, shall be deemed a 
sufficient service of process upon such company, but service 
of process upon such company may also be made in any 
other manner now provided by law. In case any insurance 
company, not incorporated in this state, shall cease to 
transact business in this state, according to the laws thereof, 
the agents last designated, or acting as such for such corpo- 
ration, shall be deemed to continue agents for such corpora- 
tion for the purpose of serving process for commencing 
action upon any policy or liability issued or contracted 
while such corporation transacted business in this state ; 
and service of such process, for the causes aforesaid, upon 
any such agent, shall be deemed a valid personal service 
upon such corporation, and every such company, associa- 
tion or partnership shall also file a certified copy oi their 
charter or deed of settlement, together with ^ ptatement, 



1869 INSURANCE. 221 

under the oath of the president or vice president, or other 
chief ofhcer, and secretary of the company for which he or 
they may act, stating the name of the company and place 
where located, the amount of its capital, .with a detailed 
statement of its assets, showing the amount of cash on 
hand, in bank, or in the hands of agents, the amount of 
real estate, and how much the same is incumbered by 
mortgage, the number of shares of stock of every kind own- 
ed by the company, the par and market value of the same, 
amount loaned on bond and mortgage, the amount loaned 
on other security, stating the kind and amount loaned on 
each, and the estimated value of the whole amount of such 
securities, any other assets or property of the company ; also 
stating the indebtedness of the company, the amount of los- 
ses adjusted and unpaid, the amount incurred and in pro- 
cess of adjustment, the amount resisted by the company as 
illegal and fraudulent, and all other claims existing against 
the company; also a copy of the last annual report, if any, 
made under any law of the state by which such company 
was incorporated ; and no agent shall be allowed to trans- 
act business for any such company whose capital is impair- 
ed to the extent of twenty per cent, thereof, while such 
deficiency shall continue; and any company incorporated 
by or organized under any foreign government shall, in 
addition to the foregoing, deposit with the auditor of public 
accounts for the benefit and security of policy holders re- 
siding in the United States, a sum not less than two hun- 
dred thousand dollars in stocks of the United States, or of 
the state of Illinois, in all cases to be equal to a stock pro- 
ducing six per cent, per annum ; said stocks not to be re- 
ceived by said auditor at a rate above their par value or 
above their current market value, or in bonds and mortgages 
on improved unincumbered real estate in the state of Illi- 
nois worth fifty per cent, more than the amount loaned 
thereon. The stocks and securities so deposited may be 
exchanged, from time to time, for other securities receiva- 
ble as aforesaid; and so long as the company so depositing 
shall continue solvent and comply with the laws of this 
state, such company or association may be permitted, by 
the said auditor, to collect the interest or dividends on said 
deposits, and where a deposit is made of bonds and mort- 
gages, accompanied by full abstracts of titles and searches, 
the fees for an examination of title by counsel, to be paid 
by the party making the deposit, shall not exceed twenty 
dollars for each mortgage, and the fee for an appraisal of 
property shall be five dollars to each appraiser, not exceed- 
ing two, besides expenses for each mortgage ; nor shall it 
be lawful for any agent or agents to act for any company 
or companies referred to in this section, directly or indirect- 
ly, in taking risks or transacting the business of fire or 



222 INSURANCE. 1860 

inland navigation insurance in this state without procuring 
from the auditor of public accounts a certificate of authori- 
ty stating that such company has complied with all the 
requisitions of this act which apply to such companies, and 
the name ot the attorney appointed to act for the company. 
The statement and evidences of investments required by 
this section shall be renewed from year to year, in such 
manner and form as may be required by said auditor, with 
an additional statement of the amount of premiums re- 
ceived and losses incurred in this state during the preced- 
ing year, so long as such agency continues ; and the said 
auditor, on being satisfied that the capital, securities and 
investments remain secure as hereinbefore provided, shall 
furnish a renewal of the certificate as aforesaid. Any vio- 
lation of any of the provisions of this act shall subject the 
party violating the same to a penalty of five hundred dol- 
lars for each violation, and of the additional sum of one hun- 
dred dollars for each month dm'ing which any such agent 
shall neglect to file such affidavits and statements as are 
herein required. Every agent of any insurance company 
shall, in all advertisements of such agency, publish the lo- 
cation of the company, giving the name of the city, town, 
or village in which the company is located, and the state 
or government under the laws of which it is organized. 
The term " agent or agents," used in this section, shall in- 
clude an acknowledged agent, surveyor, broker, or any 
other person or persons who shall, in any manner, aid in 
transacting the insurance business of any insurance compa- 
ny not incorporated by the laws of this state. The provi- 
sions of this section shall apply to all foreign companies, 
partnerships, associations and individuals, whether incorpo- 
rated or not. All insurance companies, associations or part- 
nerships incorporated by or organized under the laws of 
any other state of the United States, or any foreign gov- 
ernment, transacting the business of fire or marine insu- 
rance, or any other kind of insurance, in this state, shall 
make annual statements uf their condition and aflairs to 
the auditor's ofiice, in the same manner and in the same 
form as similar companies organized under the laws of this 
state. In case of neglect or refusal to m.ake such annual 
statement as aforesaid, all persons acting iu this state as 
agents or otherwise, in transacting the business of insu- 
rance for said companies, corporations, associations, partner- 
ships or individuals, shall be subject to the same penalties 
provided by law in case of the failure of any insurance 
company organized under the laws of this state to make an 
annual statement, as provided in this act. Foreign insu- 
rance companies shall be required to make and file their 
annual statements and evidences on the first day of Janu- 
ary iu each year, or within thirty days thereafter, made 



1869 INSURANCE. 223 

out for the year ending on the preceding thirtieth of Sep- 
tember. The supplementary annual statements of their 
business and affairs in the United States, duly verified by 
the resident manager of such company, shall be filed in the 
month of January in each year, made out for the year 
ending the thirty-first day of December, immediately pre- 
ceding. 



cause examina- 



counts, whenever he shall deem it expedient so to do, in uou into affairs, 
person, or by one or more persons to be appointed by him 
for that purpose, not ofiicers or agents of or in any manner 
interested in any insurance company doing business in this 
state, except as policy holders, to examine into the affairs 
of any insurance company incorporated in this state or 
doing business, by its agents, in this state ; and it shall be 
the duty of the ofificers or agents of any such company 
doing business in this state to cause their books to be 
opened for the inspection of the auditor or the person or 
persons so appointed, and otherwise to facilitate such exami- 
nation so far as it may be in their power to do, and to pay 
all reasonable expenses incurred therein ; and for that pur- 
pose the said auditor, or person or persons so appointed by 
him, shall have the power to examine, under oath, the offi- 
cers and agents of any company relative to the business of 
said company, and whenever the said auditor shall deem 
it for the best interests of the public so to do, he shall pub- 
lish the result of said investigation in one or more papers 
in this state ; and whenever it shall appear to the said 
auditor, from such examination, that the assets of any com- 
pany incorporated in this state are insufficient to justify 
the continuance in business of any such company, he may 
direct the officers thereof to require the stockholders to 
pay in the amount of such deficiency within such period as 
he may designate in such requisition, or he shall communi- 
cate the fact to the attorney general, whose duty it shall 
then become to apply to the circuit court of the county in 
which the principal office of said company shall be located, 
for an order requiring them to show cause why the business 
of such company should not be closed, and the court shall 
thereupon proceed to hear the allegations and proofs of the 
respective parties ; and in case it shall appear to the satis- 
faction of said court that the assets and funds of said com 
pany are not sufficient as aforesaid, or that the interests of 
the public so require, the said court shall decree a dissolu- 
tion of said company and a distribution of its effects. The 
said circuit court shall have power to refer the application 
of the attorney general to a master in chancery to inquire 
into and report upon the facts stated therein. Any com- 
pany receiving the aforesaid requisition from the said 
auditor shall forthwith call upon its stockholders for such 



22J: INStJRANOE. 1869 

amounts as will make its capital equal to the amount fixed 
by the charter of said company, and in case any stockhold- 
er of such company shall refuse or neglect to pay the 
amount so called for, after notice personally given or by 
advertisement, in such time and manner as the said auditor 
shall approve, it shall be lawful for the said company to 
require the return of the original certificate of stock held 
by such stockholder, and in lieu thereof to issue new certi- 
ficates for such number of shares as the said stockholder 
may be entitled to, in the proportion that the ascertained 
value of the funds of the said company may be found to 
bear to the original capital of the said company, the value of 
such shares for which new certificates shall be issued to 
be ascertained under the direction of the said auditor, and 
the company paying for the fractional parts of shares ; and 
it shall be lawful for the directors of such company to 
create new stock and dispose of the same, and to issue new 
certificates therefor, to an amount sufiicient to make up the 
original capital of "the company. And it is hereby declared 
that, in the event of any additional losses accruing upon 
new risks taken after the expiration of the period limited 
by the said auditor in the aforesaid requisition for the till- 
ing up of the deficiency in the capital of such company, 
and before said deficiency shall have been made up, the 
directors shall be individually liable to the extent thereof. 
And if, upon such examination, it shall appear to the said 
auditor that the assets of any company chartered on the 
plan of mutual insurance, under this act, are insufiicient to 
justify the continuance of such company in business, it 
shall be his duty to proceed, in relation to such company, 
in the same manner as is herein required in regard to joint 
stock companies; and the trustees or directors of such 
company are hereby made personally liable for any losses 
which may be sustained upon risks taken after the expira- 
tion of the period limited by said auditor for filling up the 
deficiency in the capital, and before such deficiency shall 
have been made up. Any transfer of the stock of any 
company, organized under this act, made during the pend- 
ing of any such investigation, shall not release the party 
making the transfer from his liability for losses which may 
have accrued previous to the transfer. And whenever it 
shall appear to the said auditor, from the report of the per- 
son or persons appointed by him, that the affairs of any 
company not incorporated by the laws of this state are in 
an unsound condition, he shall revoke the certificates 
granted in behalf of such company, and shall cause a noti- 
fication thereof to be published in a newspaper of general 
circulation published in the city of Springfield, and mail a 
copy thereof to each agent of the company, and the agent 
or agents ot such company, after such notice, shall be re- 



1S69 INSUEANOE. 225 

quired to discontinue the issuing of any new policy and 
the i-enewal of any previously issued. 

§ 24. Every penalty provided for by this act shall be i^o^rfcoTCS' 
Bued for and recovered in the name of the people, by the 
state's attorney of the county in which the company or the 
agent or agents so violating shall be situated, and one-half 
of said penalty, when recovered, shall be paid into the 
treasury of said county, and the other half to the informer 
of such violation ; and in the case of the non-payment of 
such penalty, the party so ofiending shall be liable to im- 
prisonment far a period not exceeding six months, in the 
discretion of any court having cognizance thereof. Such 
penalties may also be sued for and recovered in the natne 
of the people, by the attorney general, and when sued for 
and collected by him shall be paid into the state treasury. 



25. All companies incorporated or extended und( 



Duration of 
companies. 



this act may provide, in their charters, for not more than 
thirty years' duration, but the legislature may, at any time,^ 
alter or amend this act, and provide for the closing up of 
the business and affairs of any company formed under it. 
Nothing herein contained shall be construed to prevent 
subsequent extension of the charters of companies organ- 
ized or extended under this act. 

§ 26. Companies, other than those organized under the Mieceiianeoaa. 
laws of this state, which may have received certificates of 
authority for the year 1869, prior to the passage of this act,^ 
shall be" permitted to continue to transact the business of 
insurance, without further statement, until the thirty-tirst 
day of January, 18T0. Any fire or tire and marine insu- 
rance company, chartered by this state, may have a lien, 
by passing a by-law to that efi'ect, upon the stock or certifi- 
cate of profits owned by any member for any debt hereafter 
to become due the said company for premiums, 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 compa- 
ny upon the transfer of any such stock. Whenever it shall 
appear to the auditor of public accounts, from an examina- 
tion made by him, in the manner prescribed by law, that 
the capital stock of any joint stock company, organized 
pursuant to law, is impaired to an amount exceeding 
twenty-five per cent, for such capital, and he shall be of the 
opinion that the interests of the public ^will not be preju- 
diced by permitting such company to continue business 
with a reduced capital, it shall be lawfuKfor such company, 
with the permission of the said auditor, to reduce its capi- 
tal stock and the par value of the shares thereof, to such 
amount as the said auditor may, under his hand and official 
seal, certify to be proper, and as shall, in his opinion, be 
justified by the assets and property of such company: 
-■29 



226 INSUKANUE. 1869 

Provided^ that no part of such assets and property shall 
be distributed to the stockholders : And, provided, fur- 
ther, 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 company is authorized to transact. No 
reduction of the capital of any such company shall be 
made except upon a resolution of its board of directors, 
approved by at least two-thirds of the directors and certi- 
lied under its corporate seal, signed by the president and 
at least two-thirds of the directors, and" proved or acknowl- 
edged in the manner required by law for the proof or ac- 
knowledgment of conveyances ; which certihcate shall be filed 
in the office of said auditor beiore any action shall be had by 
him thereon. The auditor of public accounts, in case he shall 
permit any such company to reduce its capital in the man- 
ner provided in this act, shall execute the certificate re- 
quired by this act, in duplicate, and deliver one of such 
certificates to the officers of sucli company, who shall forth- 
with file the same with the clerk of the county in which 
such conapany is located, and the other such certificate 
shall be filed in the office of said auditor. 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 capital ; 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 be 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 certi- 
ficates for such number of shares as each stockholder may 
be entitled to, in the proportion that the reduced capital may 
be found to bear to the original capital of the company. 
It shall be lawful for any such company, after its capital 
shall be so reduced as aforesaid, to increase its capital 
stock in the mode prescribed by this law. 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 auditor of public accounts, 
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 ihe officers of such companies are now required by law 
10 make annual and other statements to the auditor's 
office; and the said auditor shall also cause its annual 
statements, required to be filed bj this act, to be published 



1869 iNStJEAiTCE. 22^ 

in two daily 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. 

I 27. There shall be paid by every company, associa- Fees. 
tion, person or persons, or agent, to whom this act shall 
apply, the following fees : For filing the declaration or 
the certified copy of a charter herein required, the sum of 
thirty dollars ; for filing the annual statement required, 
ten dolkirs ; for each certificate of authority to agents of 
companies or associations not incorporated under the laws 
of this state, two dollars ; for each certificate of authority 
to agents of companies incorporated under the laws of this 
state, fifty cents; for every copy of paper filed in his 
ofiice, the sum of twenty cents per folio ; and for affixing 
the seal of said office to such copy and certifying the same, 
one dollar ; and in case two or more companies shall com- 
bine and effect insurance under a joint policy, each and 
every company shall pay the fees provided herein, the 
same as it each company wrote separate and distinct 
policies : Provided, that the net amount of all fees over 
and above the cost of performing the clerical labor con- 
nected therewith shall not exceed, under this act, the sum 
of five thousand dollars, and that any amount above that 
sum shall be paid over to the state treasurer : And, 2^'^om- 
ded, further, that the auditor shall render account, in his 
biennial report, of the fees received by him under the 
provisions of this act. 

§ 28. Agents appointed by any company doing business Eesponsiwiity 
in this state, to solicit for applications for insurance, to col- ^^^s^^^''- 
lect the premiums on the same and to transact the other 
duties of agents in such cases, shall be held personally 
responsible to such company for any moneys received by 
them for such company ; and in case any such agent shall 
embezzle or fraudulently convert to his own use, or shall 
take or secrete, with intent to embezzle and convert to his 
own use, without consent of such company, any money 
belonging to such company which shall have come into his 
possession or shall be under his care by virtue of his 
agency, he shall be deemed, by so doing, to have committed 
the crime of larceny, and, on conviction, shall be subject 
to the fines and penalties provided by the statutes in such 
cases. 

§ 2i). Whenever the existing or future laws of any state Deposits, 
of the United States, or any other kingdom or country, 
shall require of insurance companies incorporated by or 
organized under the laws of this state, and having agencies 
in such other state, kingdom or country, any deposit or 
securities in such state, kingdom or country, for the protec- 
tion ol policy holders or otherwise, of any payment for 
taxes, tines, penalties, certificates of authority, license fees 



228 INSURANCE. 1869 

or otherwise, greater than the aroount required for such 
purposes from similar companies of other states by the then 
existing laws of this state, then and in every such case, all 
companies of such states, establishing or having heretofore 
established an agency or agencies in the state, shall be and 
are hereby required to make the same deposit, for a like 
purpose, with the auditor of this state, and to pay to the 
auditor, for taxes, tines, penalties, certificates of authority, 
license fees, and otherwise, an amount equal to the amount 
of such charges and payments imposed by the laws of such 
state upon the companies of this state and the agents 
thereof: Provided^ that the payment required of such 
foreign companies shall, in no case, be less than required 
by this act. 
Annuairetura ^ 30. Every agent of any insurance company incorpo- 
^^^^' rated by the authority of any other state or government, 
shall return to the proper officer of the county, town or 
municipality in which the agency is established, in the 
month of May, annually, the amount of the net receipts of 
such agency, which shall be entered on the tax lists of the 
county, town and municipality, and subject to the same 
rate of taxation for all purposes, state, county, town and 
municipal, that other personal property is subject to at the 
place where located, said tax to be in lieu of all town and 
municipal licenses ; and all laws and parts of laws incon- 
sistent herewith are hereby repealed: JProvided, that the 
provisions of this section shall not be construed to prohibit 
cities having an organized fire department from levying a 
tax or license fee, not exceeding two per cent., in accordance 
with the provisions of their respective charters, on said gross 
receipts, to be applied exclusively to the support of the fire 
department of such city. 
Not to coa- § 31. Nothing in this act shall be so construed as to 
panier^^perat- interfere with the workings or organization of any insur- 
viou3^acr ^^^" ^'^^^ company organized under an act of the general as- 
sembly, entitled "An act to authorize the formation of 
township insurance companies," approved February 20, 
1867, or to any township insurance company chartered by 
act of this general assembly. 
When to take § 32. This act shall take effect from and after its passage : 
effect. Provided^ that companies other than those organized under 

the laws of this state, which may have received licenses for 
the year A. D. 18G9, prior to the passage of this act, shall 
not be obliged to renew application during the said year, 
but such company shall be subject to examination at the 
discretion of the auditor of public accounts as hereinbefore 
provided: Aho^j^'^'^'^^^^^i ^^^^ ^^^® examination of compa- 
nies already organized under the laws of this state shall, 
for the year 18(59, be made in the month of July next, or 
as soon thereafter as possible. 
Appeoved March 11, 1869. 



1869 iif8trEA2TCE. 229 



AN ACT to organize and regulate the business of life insurance. 



force July 
1, 1S69. 



Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That before 
any life insurance company goes into operation, under the investment of 
laws of this state, a guarantee capital, of at least one hun- ^^^^^^ ' 
dred thousand dollars, shall be paid in money and invested 
in the stocks of the United States or of this state, or of any 
city or town in this state, estimated at their market value, 
or in such other stocks and securities as may be approved 
by the auditor of public accounts, or in mortgages being 
first liens on real estate in this state, the said real estate 
being worth at least twice the amount of the money loaned 
thereon, with abstract showing a good and sufficient title, 
and the certiticate of two reputable landholders, under 
oath, certifying to the value of said property. 

§ 2. No policy shall be issued until a certificate from A^^ditor's ox- 
the auditor has been obtained authorizing such company to 
issue policies. The said auditor shall examine the capital, 
and the majority of the directors shall make oath that the 
money has been paid in by the stockholders towards payment 
of their respective shares and not for any other purpose, 
and that it is intended that the same shall remain as the 
capital of the company, to be invested as required by the 
laws of this state. Every insurance company incorporated 
in this state shall pay to said auditor, for the examination 
required by this section, the sum of thirty dollars. 

I 3. It shall not be lawful for any person to act within Foreign ccm- 
this state, as agent or otherwise, in receiving or procuring pfy '^with ^tMs 
applications for life insurance, or in any manner to aid in ^'^^■ 
transacting the business of life insurance, referred to in the 
first section of this act, for any company or association in- 
corporated by or organized under the laws of any other 
stale government, unless such company has conformed, in 
such state or in this state, to the same requirements in 
regard, to capital that are imposed by section one of this 
act upon companies in this state, or, in lieu thereof, has 
actual assets to the amount of at least one hundred thou- 
sand dollars, invested in the same manner as is prescribed in 
regard to capital in section one of this act. 

§ 4. The subscribers or holders of guarantee stock in a nh-ectors. 
life insurance company, organized on the mutual or stock tow chosen, 
and mutual plan, shall choose the first board of directors, 
and at all subsequent elections they shall choose one-half 
of the directors, and the holders of mutual policies the 
other half, until the redemption of the guarantee stock, 
when the holders of mutual policies shall elect all of the 
directors. 



230 iNSUKANCii. 1869 



Annual state § 6. Evei'j life insurance Company incorporated in this 
^'"^'" state, or doings business in this state, shall, on or before the 

first day of March in each year, transmit to the auditor 
and file in his oflice a statement of its business standing 
and affairs, in the form prescribed or authorized by law, 
and adapted to the business done by such company, signed 
and sworn to by the president or vice president and secre- 
tary, and made out for the year ending on the preceding 
thirty-first day of December. 
Form of re- § Q, The form for life insurance companies shall be as 
^^^ ' follows : 1st, Name of the company. 2d. "When char- 

tered. 3d. For what period. 4th. "Where located. 5th. 
State, in full, the assets of the company. Gth, Number 
of shares owned in any bank ; state par value, cost and the 
market value per share. 7th. Number of shares owned 
in any railroad, stating the corporate name of each and 
amount invested in each, at cost, on its books ; state the 
par value and market value of each share. 8th. Amount 
owned in railroad bonds ; state par value, cost and market 
value per share. 9th. Amount invested in real estate, at 
cost, on the books of the company. 10th. Amount loaned 
on mortgages of real estate, and estimated value of said real 
estate. 11th. Amount loaned on notes secured by col- 
laterals of personal property. 12th. Amount loaned on 
notes without collaterals, loth. State, in full, all other 
investments. 1-lth. How much included in the foregoing 
statements of assets consists of premium notes on policies 
not returned as now in force. 15th. Number, date, kind 
and amount of each outstanding policy, and age of the 
insured, excepting such policies as are subject to a valuation 
by the proper officer in some other state, which shall be 
shown by certificate from the insurance department of such 
state. 16th. Number and amount of each class or kind 
of policies which have within the year ceased to be in 
force ; how terminated ; what has been paid to the legal 
holders of the policies. 17th. Amount of losses ascer- 
tained and unpaid. 18th. Amount of losses claimed 
against the company ; whether ackuov*dedged as due or not 
by the company. 19th. Amount due from the company 
on its declared, promised or acknowledged indebtedness, or 
other claims, including dividends, bonuses on distribution 
of surplus, or as profits. 20th. Amount received for pre- 
miums the past year. 2l8t. Amount received for premi- 
ums in cash. 22d. Amount received for premiums in 
promissory notes or securities. 23d. Amount received 
for interest the past year. 21:th. Amount paid for interest 
the past year. 25th, Amount of guarantee funds, and 
state particularly whether the same are in cash or subscrip- 
tion notes. 26th, How are dividends, distributions of 
surplus funds, bonuses or estimated profits paid ? Whether 



1869 INSUKANCE. 231 

in cash, scrip or otherwise on credit, and whether on de- 
mand ; or, if on credit, for what length of time, and 
whether payable at a specific time or indefinitely, at the 
discretion of the company. 27th. Amount paid for ex- 
penses, taxes and commissions the past year, classified. 

§ 7. All life insurance companies chartered or organized Foreign 

in any other state of the United States, or beyond the lim- m^e^"^ 6em^ 
its of the United States, and doiwy business in this state, ^enu ^^''^''' 
shall make an annual statement of their condition and 
affairs to the insurance department, in the same manner 
and in the same form as similar companies organized under 
the laws of this state. The auditor shall have authority to 
extend the time for filing such statement, for reasons w^bicli 
he shall deem good and sutficient, whether the company is 
organized in this state or elsewhere. The statements here- 
in provided for shall be in lieu of any and all statements 
now required by any existing law ; and the several provi- 
sions of the act approved February the twelfth, eighteen 
hundred and fifty-three, February the fourteenth, eighteen 
hundred and fifty-five, and January the twenty-second, 
eighteen hundred and fifty-seven, are hereby repealed, so 
far as they relate to life insurance. 

§ 8. Life insurance companies chartered beyond the m^diDecI^siI^* 
limits of t"he United States, and doing business in this state, 
shall make a return of their standing on the thirty-first day 
of December in each year, agreeable to the form required 
by this act of other companies doing a similar business in 
this state; said return to be made to the auditor on or be- 
fore the first day of April, annually, and verified and sworn 
to before some consul or vice-consul of the United States, 
by two or more of the principal ofiicers of such insurance 
company. 

§ 9. Any company doing business in this state neglect- uegf^-f tomake 
ing to make returns, in the manner and within the time returns. 
hereinbefore authorized and prescribed, shall forfeit one 
hundred dollars for each day's neglect ; and every company 
that willfully makes false statements shall be liable to 
a fine of not less than five hundred dollars nor more than 
one thousand dollars. Any new business done by any 
company or its agents in this state, after neglect to make 
the prescribed returns, shall be deemed to be done in viola- 
tion of law. 

§ 10. When the actual funds of any fife insurance com- ^J^^^^ ^^°^f 
pany doing business in this state are not of a net value liabilities. 
equal to the net value of its policies, according to the " com- 
bined experience," or " actuary's" rate of mortality, with 
interest at four per centum per annum, it shall be the duty 
of the auditor to give notice to such company and its 
agents to discontinue issuing new policies within this state 
until such time as its funds have become equal to its liabili- 



232 1N8UBANCH. 1869 



ties — valuing its policies as aforesaid. Any officer or agent 
who, after such notice has been given, issues or delivers 
a now policy, from and on behalf of such company, before 
its funds have become equal to its Habilities as aforesaid, 
shall forfeit, for each onense, a sum not exceeding one 
thousand dollars. 
vested*^'' ^°^ I ^^- ^^^ ^^^^^ ^^ lawful for any company, organized in 
this state, to invest its funds or accumulations in the stocks 
of the United States, or of this state, or of any city or 
town in this state, or in any national bank, or in such other 
stocks and securities as may be approved by the auditor, or 
in mortgages (being first liens) on real estate being worth 
at least twice the amount of money loaned thereon. 
How invested § l!j. When any life insurance companv, organized un- 

motner utates. j .1 - <» .i - , , i n ^ '^ . i' . '^ 

der the laws of this state, shall transact business m any 
other state, it may invest its surplus funds in such state in 
like security and under the same restrictions as in rhis state, 
mifke'^irairies ^ '^^' The auditor is hereby authorized and empowered 
of companies, to addreis any inquiries to any life insurance company, or 
to the secretary thereof, in relation to its doings or condi- 
tions, or any other matter connected with its transactions; 
and it shall be the duty of any such company so addressed 
to reply promptly, in writing, to any such inquiries ; and 
all such companies not incorporated under fhe laws of this 
state, failing to answer all such inquirie?, shall not be au- 
thorized to transact any business in this state, and their 
certificates of authority may be revoked and canceled. 
It shall be the duty of the auditor to make or cause to be 
made an examination of the condition and affairs of any 
life insurance company doing business in this state when- 
ever he shall deem it expedient to do so ; and also when- 
ever he shall have good reason to suspect the correctness 
of any annual statement, or that the affairs of any company 
making such statements are in an unsound condition. 
Distribution g 14.. Life insurance companies doing business in this 
o surp us an s g^.^^^^ which do busiuess upon the principle of mutual in- 
surance, or the members of which are entitled to share in 
the surplus funds thereof, may make distribution of such 
surplus as they have accumulated, annually, or once in 
two, three, four or five years, as the directors thereof 
may from time to time determine. In determining the 
amount of the surplus to be distributed, there shall be re- 
served an amount not less than the aggregate net value of 
all outstanding policies, said value being computed by the 
combined experience or actuary rate of mortality, with in- 
terest not exceeding four per cent. 
Foreign com- 8 15. Evorv life insurance company not ore:anized in 

parues to ap- ,1 . , ? .• i • i • . J. "^ i Vi . 

peint attorney thiS statc, bctorc domg busincss lu this state, shall, m writ- 

intMe state. ^^^^^^ appoint an attorney, resident in this state, upon whom 

all lawful process against the company may be served with 



1869 1N8UEANOI3. 23.^ 

like effect as if the company existed in this state ; and said 
writing or power of attorney shall stipulate and agree, on 
the part of the company making the same, that any law- 
ful process against said company which is served on said 
attorney, shall be of the same legal force and validity as if 
served on said company. A copy of the writing, duly cer- 
tified and authenticated, shall be filed in the office of the 
auditor, and copies certified by him shall be sufficient evi- 
dence. This agency shall be continued while any liability 
remains outstanding against the company in this state, and 
the power shall not be revoked until the same power is 
given to another, and a like copy filed as aforesaid. Ser- 
vice upon said attorney shall be deemed sufficient service 
upon the company. 

§ 16. The treasurer of the state, in his official capacity, e/^o^hokwra- 
shall take and hold on deposit the securities of any life ritios. 
insurance company incorporated under the laws of this 
state, which are deposited by any such company for the 
purpose of securing policy holders, and complying with the 
laws of any state in order to enable such company to trans- 
act business in such state. The company depositing such 
securities shall have the right to receive the income thereof 
and at any time to exchange the same, according to the 
laws of the state in which they may be doing business. 

§ 17. If any life insurance company, organized iu this ."'-"lere poii- 
state or in any other state of the United States, or in any ued.^'^°° ^*' 
foreign country, whose policies are not valued by the insu- 
rance department or proper officers of any other state, shall 
transact business in this state, it shall be the duty of the 
auditor to calculate the existing value of all outstanding 
policies of such company ; and every such company shall 
pay, annually, to the auditor of this state, by way of com- 
pensation for the valuation of its policies, three cents on 
every thousand dollars insured by it on lives. 

§ 18. No life insurance company organized under the Limited to 
laws of this state shall issue policies insuring nre or 
marine or accident or live stock risks, nor do any banking 
business. 

19. It shall be lawful for any married woman, by rYiameci wo- 



may rniinre 



person, with his assent as her trustee, to cause to be insured 
for her sole use, the life of her husband, for any definite 
period or fjr the term of his natural life ; and in case of 
her surviving such period or term, the sum or net amount 
of the insurance becoming due and payable by the terms 
of the insurance, shall be payable to her, to and for her 
own use, free from the claims of the representatives of the 
husband or of any of his creditors : Provided^ hoicever, 
that if the premium of such policy is paid by any person 
with intent to defraud his creditors, an amount equal to the 

—30 



23:t iNStTEANCE. 1S69 

premium so paid, with interest thereon, shall inure to the 
benefit of said creditors, subject, however, to the statute 
of limitations. The amount of the insurance maybe made 
payable, in case of the death of the wife before the period 
at which it becomes due, to his, her or their children, for 
their use, as shall be provided in the policy of insurance, 
and their 2:uardian if under age. 
certl?rcLes.^ § 20. Whenever the existing or future laws of any 
other state of the United States shall require of life insu- 
rance companies, incorporated by or organized under the 
laws of this state and having agencies in such other state, 
or of the agents thereof, any deposit of securities in such 
state for the protection of policy holders or otherwise, or 
any payment for taxes, fines, penalties, certificates of 
authority, license fees or otherwise, greater than the amount 
required for such purposes from similar companies of other 
states by the then existing laws of this state, then and in 
every such case, all life insurance companies of such states 
establishing or having heretofore established an agency or 
agencies in this state, shall be and are hereby required to 
make the same deposit for a like purpose, with the state 
treasurer of this state, and to pay to the auditor, for taxes, 
fines, penalties, certificates of authority, license fees or any 
other obligation, an amount equal to the amount of such 
charges and payments imposed by the laws of such other 
state upon the companies of this state and the agents 
thereof 
Foreign com- § 21. Every life insurance company not organized 
chaiiii" '^^''and i^der the laws of this state shall, before doing business in 
statement. thls statc, dcposit with the auditor a copy of the charter of 
the company, and a statement signed and sworn to by the 
president or vice-president and secretary, in the form pre- 
scribed or authorized for the annual statement adapted to 
the business done by such company. 
Slate to ap- § 22. Every person acting for a life insurance company 
fore'ign compa- ^'^^^' incorporated in this state, shall exhibit, in conspicuous 
ny- ° letters, on the sign, designating liis place of business, the 

name of the state, under whose authority the company he 
represents has been incorporated; and said company and 
agents shall also have printed, in large type, the name of 
said state upon all policies issued to the citizens of this 
state, and on all placards, pamphlets and circulars publish- 
ed, issued or circulated in this state by them, or him, re- 
lating to the business of said company. 
Agent.'— lia- § 23. Whoever solicits insurance on behalf of any life 
aities!^"^ ^^°" company not chartered by and not established within this 
state, or transmits, for any person other than himself, an 
application for life insurance, or a policy of life insurance, 
to or from such company, or advertises that ho will receive 
or transmit the same, shall be held to be an agent of such 



1869 msuRANCB. 235 

company to all intents and purposes, and subject to all the 
duties, requisitions, liabilities and penalties set forth in the 
laws of this state relating to life insurance companies not 
incorporated by the legislature thereof. 

§ 24. Any agent making insurance in violation of any Penalty. 
law of this state regulating life insurance companies shall 
forfeit, for each offense, a sum not exceeding five hundred 
dollars. 

§ 25. For filing the annual statement required in the B'eea. 
office of the auditor, the said auditor shall be paid ten dol- 
lars ; for each agent's certificate of authority, two dollars ; 
for every copy of a paper filed in the auditor's office, twen- 
ty cents per folio ; and for affixing the seal of said office to" 
such copy and certifying the same, one dollar ; and for 
examining the afiairs of any company, when deemed neces- 
sary, the expenses incurred therein shall be paid to the said 
auditor by the company. 

§ 26. The auditor shall annually prepare and print in Auditor to 
a single document the information contained in the state- meuts. 
ments made under this act, and shall communicate the same 
to the general assembly. He shall also cause the annual 
statements required to be filed by this act to be published 
in two daily newspapers of general circulation, the one 
printed in the city of Chicago and the other in the city of 
Springfield, not less than one month, 

§ 27. All acts or parts of acts inconsistent with this act i^epeai. 
are hereby repealed. 

§ 28. This act shall be deemed a public act, and take ^^«° <=ffsctive. 
effect and be in force from and after the first day of July 
next, but nothing herein contained shall prevent the audi- 
tor from receiving statements from companies desiring to 
file the same, as herein specified, at any time after the 
approval of this act by the governor. 

Appeoved March 20, 1869. 



AN ACT to punish frauds upon insurance companies. In force March 

20, 1869. 

Section 1. Be it enacted ly the People of the State of 
Illinois^ represented in the General Assembly, That if 
any person or persons shall obtain, or cause to be obtained, 
or attempt to obtain from any life or accident insurance 
company, any sum of money on any policy of life or acci- 
dent insurance issued by any company in this state, by 
falsely or fraudulently representing the person or persons 
insured as dead, or shall cause any ptjrson or persons to be 



'86 msuKAjfCE. 1860 

insured under an assumed name, and shall falsely represent 
the fictitious person or persons so insured as dead, and 
siiall thereby obtain, cause to be obtained, or attempt to 
obtain from such company the amount of such insurance, 
and shall talsely obtain, cause to be obtained, or attempt to 
obtain from such life or accident insurance company any 
sum of money upon any life or accident policy of such com- 
pany by means of false and fraudulent written representa- 
tions or affidavits, falsely representing that the person whose 
life was insured was dead, or that the person insured against 
accident was injured, every person so offending shall be 
deemed guilty of a misdemeanor, and on conviction there- 
of, if the sum so obtained, attempted or caused to be ob- 
tained shall be equal to or exceed the sum of twenty-five 
dollars, shall be punished by imprisonment in the peniten- 
tiary, at hard labor, for a period not exceeding fifteen 
years ; and if the sum so obtained, attempted or caused to 
be obtained shall be less than twenty-five dollars, shall, on 
conviction thereof, be fined in any sum not more than five 
hundred dollars, or be imprisoned in the jail of the proper 
county for a period not exceeding six months, or both, at 
the discretion of the court. 

§ 2. This act shall take efiect and be in force from and 
after its passage. 

Appeoved March 29, 1869. 



^" -fy ""^La-^®^'' ^^ -^CT to amend an act entitled "Au act to authorize the formation of 

. b69. Township Insurance Companies," approved February 20, 1867, applicable 

onlj to the Buckeye Insurance Company, organized under said act, or any 

other company that may be or has been organized in Stephenson county. 

Section 1. Be it enacted hy the People of the State of 
Illinois, Te])resented in the General Assembly, That section 

Act amended. _ 2, of Said act, be so amended as to add "and treasurer" 
to the end" of said section. 

^vm'in^'^^'*"' '° ^ ^' '^^^^ section 5, of said act, shall be amended to 
read as follows : " Every person so insured shall give his 
obligation, in writing, bearing even date with the policy 
so issued to him, his heirs and assigns, binding himself, his 
heirs and assigns, to pay bistro rata share to the company, 
of all losses by fire which may be sustained by any mem- 
ber thereof, the said payment to be estimated on the basis 
of the amount insured and the class of the risk as classi- 
fied by the directors of said company. He shall also, at the 
time of efi'ecting insurance, pay such per centage, in cash, 
and such reasonable sum for a policy, as may be required 
by the rules and laws of the company. 



1869 INSUEANCE. 237 

§ 3, That section 10 of said act shall be amended to section ten 
read as follows : Companies formed under this act may ^™^°'^^^- 
insnre property in townships adjoining the townships in 
which the office is located.- They shall have power to in- 
sure all property, not located in incorporated cities, as the 
directors may deem expedient, and persons so insured shall 
have all the rights and privileges pertaining to persons 
insured in the township in which the office is located : 
Provided, that no property shall be insured outside of the proviso, 
county in which the company is located : Fromded^ fur- 
tlicTy that adjoining townships can only be received by 
consent of a majority of the members present and 'voting 
at a regular or special meeting of the company: Provided, 
further^ that the office of the company shall not be located 
in any other township than where the company was origi- 
nally organized. 

§ 4. That section 11 be amended to read as follows: nirectors. 
The directors of each company so formed shall be chosen "^^'^ °^^'^' 
by ballot, at the annual meeting thereof, which shall be 
held on the first Monday in January in each year, and 
every person insured shall be entitled to one vote, and 
shall hold their office until their successors are elected. 

§ 5. That section 12 be amended to read as follows: twelve amended 
It shall be the duty of the secretary of every company, 
as aforesaid, to prepare a statement showing the condition 
of such company on the day preceding their annual meet- 
ing, which statement shall contain the amount of property 
insured, the number of policies issued and to whom, and 
the amount insured by each policy, and all other matters 
pertaining to the interests of the company, and which 
statement shall also be read to the members of said com- 
pany at their annual meeting. 

§ 6. That all acts done, proceedings had in the organi- Acts legalized. 
zation and policies taken by the Buckeye Insurance com- 
pany heretofore, are hereby legalized, or any other company 
that has been organized under said act in Stephenson county. 

<i 7. This act shall be in force from and after its 



Appbovsd February 19, 1869. 



JUDGES — JUDGMENTS. 1861) 



JUDGES. 



In force "March AN ACT in reference to the tenure of office in certain cases. 

31, 1S69. 

Section 1. Be it enacted hy the People of the /State of 
Illinois^ represented in the General Assemlly^ That when 
any judge of any municipal court, who, by the act creJiting 
such office, or by virtue of any law of this state, is author- 
ized to hold his office until the general election next ensu- 
ing and until his successor is elected and qualified, con- 
tinues to hold such office and discharge the duties thereof 
after the expiration of the time fixed by law for the election 
of his successor, in consequence of the omission of the 
proper authorities to provide for the election of his succes- 
sor, he shall continue to hold such office and discharge the 
duties thereof until his successor shall be duly elected at 
an election provided for in the act creating such office, or 
the laws of this state, and until his successor is duly elected 
and qualified. 

§ 2. This act shall be deemed a public act, and be in 
force from and after its passage. 

Appkoved March 31, 1869." 



JUDGMENTS. 



AX ACT to provide for interest upon iud";ment3. 
In force Apnl '■ f j o 

9, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That, here- 
after, there shall be computed and collected upon all judg- 
ments founded upon actions rcdclictu [ex delictu'], interest, 
at the rate of six per cent, per annum, from the date of 
such judgment until the same is paid ; such interest to be 
a lien upon the property of the defendant or defendants, 
and to be collected by the proper officer having charge of 
the execution of the final process in such judgment, and, 
when collected, to be paid to the plaintiff or plaintiffs in 
any such judgment by such officer. 



1869 JURIES — JITSTICE3 OF THE PEACE. 239 



§ 2. This act shall be deemed a public act, and shall be 
be in force and take efiect from and after its passage. 
Appkoved April 9, 1869. 



JURIES. 



AX ACr to regulate the practice in impanneling juries in civil causes in this Xn force March 
state. 26, ISG'J. 

Section 1. Be it enacted hy the, People of the State of 
Illinois^ represented m the General Assembly, That, here- 
after, upon the impanneling of any jury in any civil cause- 
now pending, or to be hereafter commenced in any court 
in the state, it shall be the duty of the court, upon request 
of either party to the suit, or upon its own motion, to order 
the full number of twelve jurors into the jury box before 
either party shall be required to examine any of the said 
jurors touching their qualifications to try any such causes. 

§ 2. This act shall be in force from and after its pas- 
sage. 

Approved March 26, 1869. 



JUSTICES OF THE PEACE. 



AN" ACT to extend the jurisdiction of justice of the peace and police la force March 
magistrate in certain cases. 25, 1S09. 

Section 1. Be it enacted hy the Peojyle of the State cf 
Illinois, represented in the General Assemhly, That the 
jurisdiction of justices of the peace and police magistrates jurisdiction 
of the state of Illinois, be extended to and so far as to in- extended, 
elude actions against railroad companies or against any 
person or persons controlling, operating or using any and 
all railroads in this state, for killing or injuring of stock, 
or any of them, when the amount 



l)rocess 



240 LANDLORD AKD I'ENANT. 1869 

in controversy does not exceed the jurisdiction of said 
justices and police magistrates. 
Service of § 2. That service may be had upon said companies, or 
upon the person or persons controlling, operating or using 
the said railroads, by leaving a copy of the summons or 
writ issued by a justice of the peace or police magistrate, 
in the ordinary form, with any person who may be, at the 
time, acting as station agent at the nearest station to said 
justice of the peace or police magistrate, or in the time and 
manner provided in an act entitled " An act to amend 
chapter eighty-three of the Kevised Statutes, entitled 
' Practice,' " approved February 8th, 1853. 

§ 3. This act to be in force from and after its passage. 

Appkoved March 25, 1869. 



LANDLORD AND TENANT. 



lu forc3 ^^al■cll AN ACT to amend the law of landlord and tenant. 



27. 1; 



Section 1, Be it enacted hy the People of the State of 
Illinois, rejrresented in the General Assembly^ That in all 
suits by a landlord against his tenant, or any person hold- 
ing under him, if it appears that the defendant has been 
holding over after the expiration of the lease, without any 
reasonable grounds, it shall be the duty of the court to 
ascertain the rental value of the premises for the time that 
the defendant has remained in possession after the expira- 
tion of the lease, and to render judgment for such amount 
as damages for the unlawful detention, and a writ of resti- 
tution shall issue immediately unless an appeal be taken 
when the judgment is rendered. 

Approved March 27, 1869. 



1S69 LANDS, PUBLIC. 241 



LANDS, PUBLIC. 



AN ACT to provide for the permanent survey of lands. In f^i-ge Juue 

10, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That when- 
ever the owner or owners of adiacent tracts of land shall Adjacent innds 

, . , 1 T 1 , 1 1 1 • 1 ,1 — Imei?, hoTV es- 

desire to estabiisn permanently the lines and corners there- tabushed. 
of between theru, he, she or they may enter into a written 
agreement to employ, and abide by the survey of some 
surveyor; and after said survey is completed, a plat there- 
of, with a description of all corners and lines plainly mark- 
ed thereon, together with the written agreement of the 
parties, shall be recorded in the recorder's office of the 
county where the lands are situate; and the lines and cor- 
ners of said survey so made and recorded shall be binding 
upon the parties entering into said agreement, their heirs, 
successors and assigus, and shall never be changed. 

§ 2. Whenever one or more proprietors of land in this .Lost bounda 
state, the corners and boundaries of whose lands are lost, "<'^-°°'^'=®- 
destroyed, or are in dispute, or who are desirous of having 
said corners and boundaries permanently re-established, 
and who will not enter into an agreement as provided by 
section first of this act, it shall be lawful for said proprietor 
or proprietors that they shall cause a notice, in writing, to 
be served on the owner or owners of adjacent tract or tracts, 
if known and residing in the county where said lauds are 
situated ; or if not known and residiug in such county, by 
publishing in a public newspaper published in such county ; 
and if no newspapers shall be published, then by posting 
up, in four different public places in said county, a written or 
printed notice to theefi'ect that, on a day named therein, he, 
she or they will make application to the circuit court of 
the county in which said lands are situated, at its next suc- 
ceeding term, for the appointment of a commission of sur- 
veyors to make survey of, and to permanently establish 
said corners and boundaries, which notices shall be posted 
up at least four weeks before the time appointed for said 
application ; and one of said notices shall be in the pre- 
cinct or township in which said corners and boundaries are 
situate. 

§ 3. Upon the filing of proper petition and proof of commission 
due notice as aforesaid, the said court shall appoint a com- *° ^^"'^^■ 
mission of three surveyors, entirely disinterested, to make 
said survey, who shall proceed to make said survey aad re- 
port their proceedings to that or the next term of said 
court, accompanied by a plat and notes of said survey ; 
—31 



242 LANDS, PUBLIC. 1869 

said commission of surveyors shall be authorized to admin- 
ister an oath, and take the evidence of and incorporate the 
same with their survey, of any person who may be able to 
identify any original government, or other legally estab- 
lished corner or witness thereto, or government line, tree 
or other noted object, and all stone corners or other monu- 
ments that have been in existence over twenty years, and re- 
cognized as original government corners by the adjoining 
proprietors. 

Objections. § 4:, Upon the filing of said report, any person whose 

interest may be aflected by said survey shall be at liberty 
to enter his objections to said report, and the court shall 
hear and determine said objections, and enter an order or 
judgment either approving or rejecting said report or modi- 
fying and amending the same according to the rights and 
interests of the parties, or may refer the same back to said 
commission to correct their report and survey in conformi- 
ty with the judgment of the court ; or the court may, for 
good reason, set aside said commission and appoint a new 
commission, who shall proceed de 7iovo, and survey and de- 
termine the boundaries and corners of the lands in question. 
The corners and boundaries established in said survey, as 
approved in the final judgment of the court, if not appealed 
from within thirty days, shall be held and considered as 
permanently and unalterably established according to said 
survey. The expenses and costs of the surveys and suit 
shall be apportioned among all the parties according to 
their respective interests. 
Provision § 5- Whenever any county in this state shall fail to 

T^Bm^ejor^^^" ^^^^^ ^ surveyor, or the surveyor when elected shall refuse 
or neglect to qualify, then the person having charge of the 
records and other property belonging to the ofiice of 
county surveyor, shall deposit said records and property 
with the recorder of the county, and said records and papers 
shall be opened to the inspection of all surveyors and 
others ; and any surveyor making surveys in such county, 
shall record his surveys, under his own certificate, in said 
record-books, and said record of surveys shall be as legal 
as though made by the county surveyor ; and a certified 
copy thereof, made by the recorder of the county, shall be 
received in evidence, and have the like force and efiect as 
other like certificates given by said recorder in any court 
of record. 

Approved March 25, 1869. 



1869 LANDS, PUBLIC. 243 



AX ACT to amend an act entitled "An act for the sale of swamp lands, In force March 
approved February 14th, A. D. 1859, and to restrain St. Clair county 
from selling certain lands, and for other purposes. 

Section 1. Be it enacted lyy the People of the State of 
Illinois^ re2?resented inthe General Assembly^ That nothing 
in the first section of the act to which this is an amendment 
contained shall authorize the county court of St. Clair 
county to sell, grant, convey or dispose of any land or 
lands lying outside of the lines of the United States survey 
situate in said county, but the county court of said county 
is hereby authorized to lease all or any lands so situate, 
for such time or times as the court of said county may 
deem right and proper : Provided, that no lease shall be 
made for a longer term than ninetj-nine years : Provided, 
further, that nothing herein contained shall render void 
any conveyance of such land heretofore made by said coun- 
ty, but such conveyances are hereby expressly confirmed : 
Provided, also, that nothing herein contained shall apply 
or extend to any land or lands within the limits of the city 
of East St. Louis in said county. 

§ 2. In all judicial proceedings, the certificate of the 
county surveyor of Saint Clair county, that the lands in 
controversy are outside of the lines of the United States 
survey, shall be prima facie evidence that the county is 
entitled to the possession of the same. 

§ 3. This act to be in force from and after its passage. 

ArPKOYED March 11, 1869. 



AN" ACT to provide for the sale of a tract of land belonging to the state of in force March 
Illinois, and situated in Fayette county. 2, 1869. 

Whereas, it appears from the records in the office of the Preamble, 
state auditor that the southwest quarter (S. "W. J) of south- 
east quarter (S. E. J) of section number fifteen (15), in 
township number five (5) north, of range one east of the 
third principal meridian, containing forty acres, and situa- 
ted in the county of Fayette and state of Illinois, remains 
unsold and belongs to the state of Illinois, and that, by 
mistake, it never had been sold under the act of February 
14, 1853, or under any other act of the legislature, but is 
still the property of the state, and is not claimed by any 
person whatever ; therefore. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
auditor of public accounts be and he is hereby authorized 



ditor. 



244 LANDS, PUBLIC. 1869 

Sale of land, ^nd directed to offer said tract of land, in the preamble 
above mentioned, for sale at public vendue, at the south 
door of the court house in the town of Vandalia, in Fay- 
ette county, to the highest bidder, for cash, after having 
given notice of the time, place and terms of sale, by pub- 
lication in a newspaper m said county of Fayette, for at 
least six weeks. The auditor can appoint some person to 
act in his name and for him in making such sale ; and upon 
such sale being made, the auditor is hereby authorized and 

To teep record, directed to keep a correct and complete record of such 
sale, in compliance with the requirements and provisions of 
the act providing for the sale ot state lands, etc., approved 
February 14, 1853, to which said act this shall be taken as 
an amendment, except in reference to appraisement, which 
shall not be necessary in the tract herein mentioned. 
Fees to au- § 2. The auditor shall receive from the proceeds of said 
sale, ten per cent, thereof for his commissions, and he 
shall, in all respects, comply with the provisions of the act 
in reference to sale of state lands, approved February 14, 
1853. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Appkoved March 2, 1869. 



In force March _^N ACT authorizing the auditor of state to convey certai^a land therein 
31' 1809. mentioned. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
auditor of state is hereby authorized and required to, by 
deed of conveyance duly made and acknowledged, convey 
to Benjamin T. Wood whatever interest the state of Illinois 
has in 'and to the following described real estate, to-wit : 
The southwest quarter of the southwest quarter of section 
three (3), in township two (2) south, range four (4) east of 
the third principal meridian, in Jefierson county, Illinois. 

§ 2. This act shall be deemed and taken as a public act, 
and take effect from and after its passage. 

Approved March 31. 1869. 



1869 Lands, public. 245 



AN ACT providing for tlie sale of lands received bv the state in sitisfac- In force March 
tion of judgments, etc. ' 25,1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
auditor of public accounts shall, with the approval of the Auditor to re- 
governor, on or before the first day of May, A. D. 1869, estateTo^sherm- 
report to the sheriff of each county in this state a full and ^o"^^^^^- 
correct description of all real estate to which the state has 
become entitled, by purchase or execution in favor of the 
state, or which the state may have received in satisfaction 
of any judgment or execution in favor of the state, and 
which, in the opinion of the governor and auditor, ought 
to be sold. 

§ 2. It shall be the duty of each sheriff, to whom any sheriff to sen. 
such report shall be made, to immediately proceed to sell 
said lands at public sale, after having given the same notice 
as is now by law required upon the sale of land under and 
by virtue of an execution, and said lands shall be sold fur 
cash to the highest bidder. 

§ 3. As soon as the said lands are sold, the sheriff shall ,^^'^'*'^,'? 
report the same to the auditor of public accounts, and the deeds— feo^' 
names of the purchasers of said lands, and thereupon the 
said auditor shall make deeds, conveying such title as the 
state may have, and send the same to the said sheriff, who, 
upon the receipt of the purchase price, shall deliver the 
same to the purchaser of said land; and the said sheriff 
shall remit all moneys so received to the auditor, after de- 
ducting all legal costs ; and the said auditor and sheriff are 
hereby allowed, for such services as they may render under 
this act, the same fees to which they, by law, now are en- 
titled for similar services. 

§ 4. This act shall be deemed a public act, and in force 
from and after its passage ; and all laws and parts of laws 
inconsistent with this act are hereby repealed. 

Approved March 25, 1869. 



AN ACT in relation to a portion of the submerged lands and lake pirk In force April 
grounds lying on and adjacent to the shore of Lake Michigan, on ths 1*5, 18C9. 
eastern frontage of the city of Chicago. 

Section 1. Be it enacted hy the People of the State cf 
Illinois, represented in the G-eneral Assembly, That all 
right, title and interest of the state of Illinois in and to so ^'^^\^%^^ *° 
much of fractional section fifteen (15), township thirty-nine ^^^° ^ '^*^'^- 



246 LAJTDS, PUBLIC. 1869 

(30), range fourteen (14) east of the third (3d) principal nrieri- 
dian, in the city of Chicago, connty of Cook and State of 
Ilh'nois, as is situated east of Michigan avenue, and north 
of Park Eow and south of the south line of Monroe street 
and west of a line running parallel with and four hundred 
feet east of the west line of said Michigan avenue — being a 
strip of land four hundred feet in width, including said 
avenue, along the shore of lake Michigan, and partiall,y 
submerged by the waters of said lake — are hereby granted, 
in fee, to the said city of Chicago, with full power and 
authority to sell and convey all of said tract east of said 

Width of avenue, leaving said avenue ninety (90) feet in width, in 
avenue. g^^ch manner and upon such terms as the common council 

of said city may, by ordinance, provide: Provided^ that no 
sale or conveyance of said property or any part thereof, shall 
be valid unless the same be approved by a vote of not less 
than three-fourths of all the aldermen elect. 

Proceeds of § 2. The procecds of the sale of any and all of said 

tnte a °fnud°^^^" l^uds shall be sct asidc, and shall constitute a fund, to be 

designated as the "Park Fund" of the said city of Chicago, 

Fond distri- and'said fund shall be equitably distributed by the com- 
mon council between the south division, the west division and 
the north division of the said city, upon the basis of the 
assessed value of the taxable real estate of each of said 
divisions, and shall be applied to the purchase and improve- 
ment, in each of said divisions or in the vicinity thereof, of 
a public park or parks, and for no other purpose whatsoever. 
§ 3. The right of the Illinois Central Eailroad Company, 
under the grant from the state in its charter, which said 
grant constitutes a part of the consideration for which the 
said company pays to the state at least seven per cent, of 
its gross earnings, and under and by virtue of its appro- 
priation, occupancy, use and control, and the riparian 
ownership incident to such grant, appropriation, occupancy, 
use and control in and to the lands submerged or otherwise 
lying east of the said line running parallel with and four 
hundred feet east of the west line of Michigan avenue, 
in fractional sections ten (10) and fifteen (15), township and 
range as aforesaid, is hereby confirmed, and all the right 
and title of the state of Illinois, in and to the submerged 
lauds constituting the bed of Lake Michigan and lying 
east of the tracks and breakwater of the Illinois Central 
Railroad Company, for the distance of one mile, and between 
the south line of the south pier extended eastwardly, and 
a line extended eastward from the south line of lot 
twenty-one, south of and near to the round house and 
machine shops of said company, in the south division of 
the said city of Chicago, are hereby granted, in fee, to the 
said Illinois Central Railroad Company, its successors and 
assigns: Provided^ A(?z(?62;er, that the fee to said lands shall 



1869 LAUDS, PUBLIC. 247 

be held by said company in perpetuity and that the said 
company shall not have power to grant, sell or convey the 
fee to the same, and that all gross receipts from use, pro- 
fits, leases or otherwise of said lands or the improvements 
thereon, or that may hereafter be made thereon, shall form 
a part of the gross proceeds, receipts and income of the 
said Illinois Central Railroad Company upon which said 
company shall forever pay into the state treasury, semi- 
annually, the per centum provided for in its charter, in 
accordance with the requirements of said charter : And^ 
provided,, alsu, that nothing herein contained shall autho- 
rize obstructions to the Chicago harbor, or impair the pub- 
lic right of navigation, nor shall this act be construed to 
exempt the Illinois Central Railroad Company, its lessees or 
assigns, from any act of the general assembly which may 
be hereafter passed regulating the rates of wharfage and 
dockage to be charged in said harbor: And, jyi'ovided, 
further, that any of the lands hereby granted to the Illi- 
nois Central Railroad Company, and the improvements now 
or which may hereafter be on the same, which shall here- 
after be leased by said Illinois Central Railroad Company to 
any person or corporation, or which may hereafter be occu- 
pied by any person or corporation other than said Illinois 
Central Railroad Company, shall not, during the continu- 
ance of such leasehold estate or of such occupancy, be ex- 
empt from municipal or other taxation. 

§ 4. All the right and title of the state of Illinois in 
and to the lands, submerged or otherwise, lying north of 
the south line of Monroe street, and south of the south line 
of Randolph street, and between the east line of Michigan 
avenue and the track and roadway of the Illinois Centi-al 
Railroad Company, and constituting parts of fractional sec- 
tions ten (10) and fifteen (15), in said township thirty-nine 
(39), as aforesaid, are hereby granted, in fee, to the Illinois 
Central Railroad Company, the Chicago, Burlington and 
Quincy Railroad Company, and the Michigan Central Rail- 
road Company, their successors and assigns, for the erection 
thereon of a passenger depot and for such other purposes 
as the business of said companies may require : Provided, 
that upon all gross receipts of the Illinois Central Railroad 
Company, from leases of its interest in said grounds or im- 
provements thereon, or other uses of the same, the per 
centum provided for in the charter of said company shall 
forever be paid, in conformity with the requirements of 
said charter. 

§ 5. In consideration of the grant to the said Illinois 
Central, Chicago, Burlington and Quincy, and Michigan 
Central railroad companies of the land as aforesaid, said 
companies are hereby required to pay to said city of Chi- 
cago, the sum of eight hundred thousand dollars, to be paid 



248 LANDS, PDBLIC. 1869 

in the following manner, viz : Two hundred thousand dol- 
lars within three months from and after the passage of this 
act, two hundred thousand dollars within six months from 
and after the passage of this act, two hundred thousand 
dollars within nine months from and after the passage of 
this act, two hundred thousand dollars within twelvemonths 
from and after the passage of this act ; which said sums 
shall, be placed in the park fund of the said city of Chicago, 
and shall be distributed in like manner as is hereinbefore 
provided for the distribution of the other funds which may 
be obtained by said city from the sale of the lands conveyed 
to it by this act. 

§ 6. The common council of the said city of Chicago is 
hereby authorized and empowered to quitclaim and release 
to the said Illinois Central Railroad Company, the Chicago, 
Burlington and Quincy Railroad Company, and the Michi- 
gan Central Railroad Company any and all claim and inter- 
est in and upon any and all of said land north of the south 
line of Monroe street, as aforesaid, which the said city may 
have by virtue of any expenditures and improvements 
thereon, or otherwise ; and in case the said common coun- 
cil shall neglect or refusfe thus to quit claim and release to 
the said companies as aforesaid, within four months from 
and after the passage of this act, then tlie said companies 
shall be discharged from all obligation to pay the balance 
remaining unpaid to said city. 

§ 7. The grants to the Illinois Central Railroad Com- 
pany contained in this act are hereby declared to be upon 
the express condition that said Illinois Central Railroad 
Company shall perpetually pay into the treasury of the 
state of Illinois the per centum on the gross or total pro- 
ceeds, receipts or income derived from said road and 
branches stipulated in its charter and also the per centum 
on the gross receipts of said company reserved in this 
act. 

§ 8. This act shall be a public act, and in force from and 
after its passage. 

This bill haviug been returned fey the governor with objections thereto, and after 
reconsideration haviog passed both houses by a constitutional majority, it has become 
a law this 16th dav of April, A. D. 1869. 

F. OORWIN, 
Sxnalcar of the House of Representatives. 
J. nOUGHBRTY, 

Speaker of the Senate. 



1869 LAIIBS, PtJBLlC— tAifii TITLES. 249 



AN ACT to cede jurisdiction to the United States over certain land in In force March 



Madison county, near Alton, Illinois, for the purpose of establishing a 
national cemetery. 



31, 1809. 



Juris diction 
ceded. 



Section 1. Be it enacted hy the People of the State of 
Illinois, rejpresented In the General Assembly, That, where- 
as, the said United States have purchased the following de- 
scribed real estate in said county, to- wit : M-lOO of an 
acre of land, the same being the southeast part of lot num- 
ber twentj-three (23) in Mourner's first subdivision of the 
northwest quarter of section number two (2), township five 
(5) north, range ten (10) west of the third (3d) principal 
meridian ; therefore exclusive jurisdiction and legislation 
are hereby ceded to the said United States, over said real 
estate, and the right of taxation or assessment of said real 
estate is hereby relinquished to the said United States. 

§ 2. All civil and criminal process, issued under the criminal proces 
authority of this state, or by any of its ofiicers, in pursu- 
ance of law, may be executed on said real estate as if such 
jurisdiction had not been ceded. 



Civil and 



take effect. 



act, and shall take efiect from and after the date at which 
title to the land purchased shall vest in the United States 
for the purpose above stated. 
Approved March 81, 1869. 



LAND TITLES. 



AN ACT to provide for the preservation of the field notes, maps, and In force March 
other papers appertaining to land titles in the state of Illinois. ~7' ^'^C^- 

Section 1. Be it enacted hy the Feoj)le of the State of 
Illinois, represented in the General Assembly, That the 
governor be and he is hereby authorized to procure a suit- How preserved, 
able room or rooms in the city of Springfield for the safe 
keeping of the field notes, maps, records and other papers 
appertaining to the land titles in the state of Illinois. And 
that when such room or rooms are so procured and provi- 
ded, to accept and receive such field notes, maps, records 
and other papers from the United States, to be kept and 
preserved by the state upon the terms and conditions pro- 
posed by the act of congress entitled "An act to amend an 

—32 



250 LAWS, PTTBLIO. 1869 

act entitled 'an act for the discontinuance of tlie otiice of 
surveyor general in the several districts so soon as the sur- 
veys therein can be completed, for abolishing land offices 
under certain circumstances, and for other purposes.' " 
GoTernor to § 2. The governor is hereby authorized to appoint and 

dUn!°^ ^ ^°^^*'~ employ some competent and suitable person to take charge 
of and keep the said field notes, maps, records and other 
papers mentioned in the first section of this act ; and the 
said person so appointed shall be authorized to furnish 
copies of any field notes, maps, records and other papers 
mejitioned in the first section of this act, to any of the 
counties of this state, or to any person applying for the 
same ; and any copies or abstracts furnished and certified 
by the keeper of such field notes, maps, records and other 
papers, shall be competent evidence in all courts and 
places. 
Compensa- § 3, The keeper of such field notes, maps, records and 
other papers mentioned m the first section of this act may, 
subject to the approval of the governor, prescribe a tarifiT 
of lees f )r any service he may be called upon to perform, 
whicn shall not exceed the rate allowed by the laws of the 
United States or the regulations of the land office for 
like services, and he shall be allowed a salary of five 
hundred dollars per annum, to be paid out of the state 
treasury. 

Appropriation » g 4/ The sum of two thousand dollars, or so much 
thereof as may be necessary, is hereby appropriated to 
enable the governor to carry out the provisions of this act, 
to be paid out upon the certificate of the governor. 

§ 5. This act shall be in force and take effect from and 
after its passage. 



LAWS, PUBLIC. 



lu force March AN ACT to provide for publishing the public laws for immediate use, and 
24, 1869. in relation to certain decisions being prima facw evidence. 

Section 1. Be H enacted hy the People of the Slate of 

Illinois^ represented in the General Assembly, That the 

Certified fcop- secretary of slate be and he is hereby required to fnrnish 

it^s °o beVr- to the Chicago Legal News Company, publishins: a news- 

mshed Legal p^^g^. -^ ^j^^ ^-^^ ^^ Chicago called " The Chicago Legal 



1869 LEGAL NEWS, CHICAGO. 251 

News," immediately upon the adjournment of the general 
assembly, certified copies of all public laws enacted at this 
session, to be at once printed and circulated in said news- 
paper: Provided^ hoioever, that the state shall be sub- 
jected to no expense in the premises, except for the copies 
aforesaid : And, provided, fiuriher, said company shall 
furnish the secretary of state one hundred and fifty copies 
of the paper containing said laws, for the use of the state, 
within five days after such publication. 

§ 2. The publication of any law of this state or decision Effect of pub- 
of the supreme court of Illinois in the Chicago Legal News ^^<^^*^"°- 
shall be taken and considered iwima facie evidence of 
the existence of such law or decision. 

§ 3. This act shall be a public act, and take effect from 
and after its passage ; and all acts or parts of acts in con- 
flict with this act are repealed. 

Appeoved March 21:, 1869. 



Copies of laws 
and decisions to 



LEGAL NEWS, CHICAGO. 



AX ACT to amend an act entitled "An act to incorporate the Chicago la force March 
Legal Xews Compaay," approved February 27, 1869, and for other pur- ^^' ^^^^■ 
poses. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assemlly, That it shall 
be and is hereby made the duty of the secretary of state 
to lurnisb, on demand, to the proprietor of the Chicago be farnishedLe 
Legal News, copies of all such laws as shall be demanded, ^*^^^^^- 
from time to time, duly certified to be correct ; for which 
service, said secretary of state shall be paid a reasonable 
compensation by the proprietor of said paper. It shall and 
is also hereby made the duty of the clerks of the supreme 
court, upon like demand and like payment, to furnish to 
said proprietor a certified copy of any opinion or decision 
on tile in the office of any such clerk. 

§ 2. All laws of this state and all decisions of the To he prima 
supreme court of Illinois, printed in the Chicago Legal ^*"^^"^''''^* 
News, shall be and the same are hereby declared to be 2^f'i- 
ma facie evidence of the existence and contents of such 
laws aud decisions, in all places and before all courts of law 
and equity in this state. 



252 LEGAL IS'OTIOES. 1S69 



fo^'''n(5l%o a? § ^- ^°y change in the form of said Chicago Legal 
pubi'sw—cir. -^^^^ ^^^^^ ^^^ ^ff^c^ *^6 legality of any legal notice, adver- 
ciarcd a news- tisement or other thing published in said paper ; and said 
paper. Chicago Legal E"ews is hereby declared to be a newspaper, 

within the meaning and intent of chapter three of the 
Kevised Statutes of this state. 

§ 4. This act shall be deemed a public act, and shall be 
in full force from and after its passage. 
Appeoved March 11, 1869. 



LEGAL NOTICES. 



In force March AN ACT to regulate the publication of legal notices in a certain countv 
^^' '^^^- therein named. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That when- 
ever legal notice is now or shall be hereafter required by 
law to be given by any clerk, master in chancery, or sheriff, 
in any cause to be commenced or pending in any court of 
record in the county of Christian, or for the sale of land 
under any order or decree of court or on execution, it shall 
be lawful for the solicitor or attorney of the party or par- 
ties for whose use, or about whose instance the same is or 
are made, to direct in which newspaper of said county sucli 
publication shall be made; and if any clerk, master in 
chancery, or sheriff, shall, contrary to the directions of such 
solicitor or attorney, publish, or cause to be published, such 
notice in any other newspaper than the one so designated, 
such person shall be liable to the publisher of such paper 
as designated for the costs of such publication, and shall 
not be at liberty to charge the same as part of the costs in 
snch cause : Provided^ that nothing herein contained shall 
affect the sufficiency of such publication when otherwise 
made according to law. 

§ 2. This act shall take effect and be in force from 
and after its passage. 

Appeoved March. 31, 1869. 



1869 LIBEARIES, PUBLIC. 253 



AN ACT to regulate the manner of eiving notice in legal proceedings. in force March 

2T, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That all 
notices required to be published by clerk of the circuit in Eandoiph 
court, clerk of the county court, sheriff and master in macfe^' 
chancery, in and for Randolph county, in the course of le- 
gal proceedings, shall be published in the paper printed in 
the Euglish language in said county having the greatest 
number of honajide paying subscribers. 

§ 2. The publishers of the papers soliciting said ])atron- ,^^,,ij^^™p^"°3 
age, shall make oath before the clerk of the county court make^oath. 
of said county, in writing, stating the number of actual 
hona fide and paying yearly subscribers to his or their 
paper, which oath, if false, shall subject the party making 
it to indictment and punishment as in other cases of per- 
jury- 

§ 3. The clerk or other officer having notices to publish go^ef^^ed *° by 
shall be governed by such oath in selecting the paper in the publishers 
which to publish said notices or any of them. 

§ 4. The clerks or other officers having notices to be Penalty for 
published, who shall publish them contrary to the provi- uaryTo tMs^act 
sions of this act, shall be liable to the publisher of the pa- 
per entitled to publish the notice for the value or price of 
said publication, which may be recovered before any court 
or justice of the peace having jurisdiction of the same. 

§ 5. This act shall be deemed and taken to be a public 
act, and shall be in force from and after its passage. 

Appkoved March 27, 1869. 



LIBRARIES, PUBLIC. 



AN ACT in relation to public libraries. In force March 

30, 18ti9. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
property of public or circulating libraries shall be exempt Exempt from 
from state, county and municipal taxation : Provided, that ^^^'^""°- 
this exemption shall not apply to any property which is in 
any way used, directly or indirectly, as a source of revenue 
or profit to the owners or stockholders of such library. 



254 MACHINES, THRESHING. 1869 

Defluition. | 9,. Any library shall be deemed a public library which 

is kept open for the use of the public, free or by subscrip- 
tion, or by sale of stock — the proceeds of such sales or 
subscriptions being devoted exclusively to the maintenance 
of said library. 

§ 3. This act shall be deemed a public act, and shall 
be in force from and after its passage. 

Appeoyei) March 30, 1869. 



MACHINES, THRESHING. 



^^ ^1^^1869^^^ '^*^ ^^^ ^^ require owners of tbrcBhing and other macbiaes to guard 

against accidents. 

Section 1. JBe it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all 
Duty of own- persous in this state who arc or may hereafter own or run 
machines^f^ °° any threshing machine, corn sheller, or any other machine 
which is connected to a horse power by means of tumbling 
rods or line of shaftino^, shall cause each and every length 
or section of such tumbling rod, (except the one next the 
horse power), together with the knuckles or joints and 
jacks thereof, to be safely boxed or secured while running. 
Penalty. g 2. Any person owning or running any machine, as 

mentioned in section one of this act, without complying 
with the requirements of the aforesaid section, shall be 
held liable to the person damaged for any damage which 
may be sustained by such person by reason of such neglect^ 
and no action shall be maintained nor shall any legal lia- 
bility exist for services rendered by or with any such 
machine, when it shall be made to appear that the first 
section of this act has not been complied with. 

§ 3. This act shall be in force from and after the first 
day of April next. 

AppfiovED March 31. 1869. 



1869 MARRIED WOMEN MECHANICS' LIEN. 255 



MARRIED WOMEN. 



AX ACT in relation to the earnings of married women. In force June 

° 19, 1S69. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That a mar- 
ried woman shall be entitled to receive, use and possess her 
own earninojs, and sue for the same in her own name, free 
from the interference of her husband or his creditors : 
Provided^ this act shall not be construed to ^ive to the wife 
any right to compensation for any labor performed for her 
minor children or husband. 

Approved March 24, 1869, 



MECHANICS' LIEN. 



AN ACT amendatory of the mechanics' lien law of this state. In fo:ce April 

5, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That every 
sub-contractor, mechanic, workman or other person who to^^°en-npou 
shall hereafter, in conformity with the terms of the contract '^tat property, 
between the owner or lessee of any lot or piece of ground, 
or his acjent, and the original contractor, perform any labor 
or furnish any materials in building, altering, repairing, 
beautifying or ornamenting any house or other building, 
or in any street or alley, and connected with such building, 
or appurtenance to any house or other building in this 
state, shall have a lien for the value of such labor and 
materials upon sach house or building and appurtenances, 
and. upon the lot of land upon which the same stands, to 
the extent of the right, title and interest of such owner or 
lessee at the time of the making the original contract for 
such house or the improvements. But the aggregate of all 
the liens hereby authorized shall not exceed the price stipu- 
lated in the original contract between such owner or lessee 
and the original contractor for such improvements ; in no 
case shall the ovrner or lessee be compelled to ]'ay a greater 
sum for or on account of such house, building or other im- 



256 mechanics' lien. 1869 

provement, than the price or sura stipulated in said original 
contract or agreement. 
Written no- § 2. The pcrson performing snch labor or furnishing 

cont7act'7wiien such materials shall cause a notice, in writing, to be served 

to be served, on sucb owncr or Icssce, or his agent, substantially in the 

following form : "To . You are hereby notified that 

I am (or have been) employed by , as a laborer (or 

have furnished materials, or am about to furnish materials) 
on or for your house or building, and that I shall hold the 
house, building and your interest in the ground liable for 
my services thereon (or materials furnished)." If there shall 
be a contract, in writing, between the original contractor and 
the sub-contractor, a copy of such sub-contract, if the same 
can be obtained, shall be served with such notice and 
attached thereto, which notice shall be served within twen- 
ty days from the completion of such sub-contract, or within 
twenty days after payment should have been made to the 
person performing such labor or furnishing such material. 
Notice, when § 3. In all cascs where the owner or lessee can not be 

usted*'^^ P^^^" found in the county in which said improvements shall be 
made, or shall not reside therein, the person furnishing 
labor or materials shall file said notice in the office of the 
clerk of the circuit court, and the clerk of the circuit court 
shall enter, in a book to be kept for that purpose, alpha- 
betically, the names of the owners or lessees, and opposite 
thereto the names of the persons claiming liens, for which 
the clerk shall receive a fee of fifty cents. A copy of said 
notice shall be published in some newspaper, printed in 
said county, for four successive weeks after filing such 
notice with the clerk, as aforesaid. If, however, there shall 
be no paper published in said county, then the claimant of 
lien shall post four notices in four of the most public places 
in the vicinity of said improvement for four weeks. 
Contractor to ^ 4. The Original contractor shall, as often as requested, 
in writing, by the owner or lessee, or his agent, make out 
and give to him a statement of the number of persons in 
his employ, and sub-contractors, giving their names and 
the rate of wages or terms of contract, and how much, if 
anything, is due to them, or any of them, which statement 
shall be made under oath, if required. 

suit-transcript § 5. And if the money due to such person shall not be 
paid within ten days after service of said notice as afore- 
said, or within ten days after the money shall become due 
and payable, then such person may commence suit there- 
for, in any court having jurisdiction of the amount claimed 
to be due against the owner or lessee and contractor, joint- 
ly ; execution to issue thereon as in other cases. If execu- 
tion, issued on judgment obtained before justice of the 
peace, shall be returned not satisfied, a transcript of such 
judgment may be taken to the circuit court and spread 



make statement 



1869 MEOHANICS' LIEN. 257 

upon the records thereof, and have all the force and effect 
of judgments obtained in circuit courts, and execution issue 
thereon as in other cases. 

§ 6. Whenever any suit shall be brought by any labo- Attorney fees. 
rer, the court shall allow, if before a justice of the peace, 
five dollars ; and in courts of record, twenty dollars attor- 
ney fees, if judgment shall be given against the defendant, 
which fees shall be a part of the costs in suit. 

§ 7. Should the original contractor, for any cause, fail when original 
to complete his contract, any person entitled to a lien, as to?ompietecon 
aforesaid, may file his petition in any court of record against ^^^'^*- 
the owner or lessee and contractor, setting forth the nature 
of his claim, the amount due, as near as may be, and the 
names of the parties employed on such house or other im- 
provement subject to liens, and notice of such suit shall be 
served on the persons therein named, and such as shall 
appear shall have their claims adjudicated, and decree 
shall be entered against the owner or lessee and original 
contractor for so much as the work and material shall be 
shown to be reasonably worth according to the original 
contract price, first deducting so much as shall have been 
rightfully paid on said original contract b}' the owner or 
lessee, the balance to be divided between such claimants in 
proportion to their respective interests, to be ascertained by 
the court ; the premises to be sold within thirty days 
from date of such decree unless the judgment shall be 
sooner paid. 

§ 8. No payments to the original contractor or to his certain pay- 
order shall be regarded as rightfully made, if made in vio- ^^'^'^ ^-^^^m. 
lation of the rights and interests of the persons intended 
to be benefited by this act. 

§ 9. The lien hereby created shall continue for three Duration of 
months from the time of the performance of the sub-con- ^^^'^• 
tract, or doing of the work or famishing materials as afore- 
said, except where suit shall be commenced by petition as 
aforesaid, and in sach cases all lions shall be barred by de- 
cree entered in said case. 

§ 10. The act entitled "An act for the better security Kepeai. 
of mechanics erecting buildings in the state of Illinois," 
approved February 14th, 1863, be and the same is hereby 
repealed : Provided, that the passage of this act, and the 
repeal of any or all former acts, shall not in any way affect 
pending proceedings or liens heretofore existing, but all 
such liens and proceedings are hereby saved, and may be 
enforced as now provided by, law. 

§ 11. This act shall take effect and be in force from 
and after its passage. 

Appeoved April 5, 1869. 



33 



258 MEOHAJJICS' LIEN. 1869 



In force Jiiue ^N ACT to provide for the redemption of property sold under mechanics' 
^^' ^®^^- lien. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That, here- 
after, there shall exist in favor of the same persons and in 
the same manner as is or may be provided for redemption 
of real estate, from sales under judgments and executions 
at common law, the right to redeem'real estate sold under 
any decree obtained under the provisions of chapter sixty- 
five of the Revised Statutes, or any act amendatory thereof, 
from such sales. 

Approved March 30, 1869. 



In force March AN ACT to extend the provisions of an act entitled "An act for the bet- 
31, 1860. tej, security of mechanics erecting buildings in the state of Illinois," ap- 

proved February 14, 1863. 

Section 1. Be it enacted hy the People of the State of 
rdinois,, represented in the General Assembly^ That the 
provisions of an act entitled "An act for the better securit}* 
of mechanics erecting buildings in the state of Illinois," ap- 
proved February 14, 1863, be and the same are hereby ex- 
tended to the counties of McLean, DeWitt and Macon in 
said state; and all the provisions of said act shall extend to 
and be in force in McLean, DeWitt and Macon counties 
aforesaid, the same as in the counties mentioned in third 
[the] original act. 

§ 2. This act shall be a public act, and be in force from 
and after its passage. 

Approved March 31, 1869. 



lu force March AN ACT to amend an act entitled "An act for the better security of mo- 
SO, 1S69. chanies erecting buildings in the state of Illinois," approved February 14, 

1863. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
pro visions of an act entitled "An act for the better security 
of 1 nechanics erecting buildings in the state of Illinois," 
appr oved February 14th, 1863, are hereby extended to the 
couni ^.y of Douglas in said state ; and all the provisions of 



1860 MTNEBAL OILS. 259 

said act shall extend to and be in force in the county afore- 
said, the same as in the counties mentioned in the original 
act. 

§ 2. This act shall be deemed a pubKc act, and shall 
take effect and be in force from and after its passage. 

Approyed March 30, 1869. 



MINERAL OILS. 



AN ACT to provide for the Inspection and sale of mineral oils used for In force April 
illuminating purposes. 19. ^sso. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the Genei-al Assembly^ That the 
mayor and aldermen of any city, or the board of trustees of inspectors of 
any town, wherein any coal, petroleum or other mineral pdEtecf.^ ^^ 
oils are made, refined, produced or sold for illuminating 
purposes, and where five or more inhabitants petition for 
the same, shall appoint, annually, one or more suitable per- 
sons, not interested in the manufacture or sale of said oils, 
as inspectors thereof, and shall fix their compensation, to 
be paid by the parties requiring the services of said in- 
spectors. 

§ 2. Every inspector, before entering upon the duties ^nwes. 
of his ofiice, shall be duly sworn. He shall also execute a 
bond to the state of Illinois, in such sum and with such " 
surety as shall be approved by the probate court of the 
county where appointed, conditioned for the faithful per- 
formance of the duties imposed on him by this act, which 
bond shall be for the use of all parties or persons aggrieved 
by the acis or neglect of such inspector. And when 
called upon by any manufacturer, refiner, producer, deal- 
er or purchaser of such oils, or by any officer mentioned in 
section five of this act, to test such oils, the said inspector 
shall do so, with all reasonable dispatch, by applying the 
fire-test, as indicated and determined by J. Tagiiabue's py- 
rometer, or some other instrument equally as accurate, with 
which he shall have provided himself at his own expense ; 
and if the oils so tested will not ignite or explode at a tem- 
perature less than one hundred and ten degrees Fahrenheit, 
the inspector shall mark, plainly and indelibly, on each 
cask, barrel, or package, " approved, fire-test being ," 



260 MINEJRAL OILS. 1869 

but if said oils will ignite at a temperature less than one 
hundred and ten degrees Fahrenheit, as aforesaid, then the 
inspector shall mark on each cask, barrel or package, 
"condemned for illuminating purposes — fire-test being 

." Said inspector, while in ofiice, shall not buy, sell, 

bargain or trade, directly or indirectly, in any of the said 
oils. He may appoint deputies, for whom he shall be re- 
sponsible, and who shall perform the duties of inspector. 
He shall keep an intelligible record of each inspection 
made, within twenty-four hours thereafter, in a book pre- 
pared for the purpose, which shall be opened to all parties 
interested. Any inspector found guilty of fraud, deceit or 
' culpable negligence in the performance of any of his duties 

as prescribed in this section of this act, shall be punished 
by fine not exceeding one hundred dollars, or imprison- 
ment in the county jail not exceeding one month, or both, 
in the discretion of the court. 

ne^f^cf Yo 4ve ^ ^' ^"7 ^manufacturer, refiner, produccr or dealer wlio 

notice, "^ shall neglect to give notice to said inspector of any such oil 
in his or her possession, not already inspected by any duly 
authorized inspector of the state of Illinois, within two 
days after the same shall have been made, refined, pro- 
cured or purchased, shall be liable to the same penalties 
provided in the second section of this act against inspec- 
tors. 
Penalty for § 4. Any persou, whether manufacturer, refiner, pro- 

iOT?approvea^^" ducer or dealer, who shall sell or attempt to sell to any 
person in this state any of said oils for illuminating purpo- 
ses, whether manufactured, refined or produced in this state 
or not, which shall be below the "approved" standard 
— that is, having an igniting point less than one hundred 
and ten degrees Fahrenheit — as indicated and determined 
in the manner described in the second section of this act, 
or before having the same inspected as herein provided ; 
or if any manufacturer, refiner, producer, dealer or inspec- 
tor of said oils shall falsely brand the package, cask or bar- 
rel containing the same, as provided in the second section 
of this act, or shall use barrels, packages or casks having 
the inspector's brand thereon, and the oil therein not hav- 
ing been inspected, he or they so ofi'ending, upon conviction 
thereof, shall be liable to the same penalties provided in 
the second section of this act against inspectors. The casks, 
barrels or packages containing the same shall be forfeited 
and sold — one-half of the proceeds of such sale to go to the 
school fund of the county, and the other half to the infor- 
mer — and, further, shall be liable to any person or persons 
for all damages sustained by him or them by the explosion 
or ignition of such oil thus unlawfully kept and icold, 
whotopro-^e- § 5, The mayor, aldermen and police of any city, and 

'^"'^®' the board of trustees of any town in which an inspector is 



1869 NAVIGATION. • 261 

appointed in conformity with the first section of this act, 
or any one of said ofiicers, within his respective city or 
town, shall cause all persons violating any of the provisions 
of this act to be prosecuted therefor. 

§ 6, All prosecutions for fines and penalties, under the Prosecutions, 
provisions of this act, shall be by action of debt or indict- 
ment in any court of competent jurisdiction, and the fines 
so collected shall be paid one-half to the informer and one- 
half into the school fund of the county wherein the same 
shall be collected. 

§ 7. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 

Approved April 19, 1869. 



NAVIGATION. 



AN ACT to repeal section 2 ©f an act entitled "An act giving the counties In force March 
of Alexander and Pulaski concurrent jurisdiction over Cache riv«r, and 9' IS*'^- 

for other purposes," approved February 21, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assemhly, That sec- 
tion number two of an act entitled "An act giving the 
counties of Alexander and Pulaski concurrent jurisdiction 
over Cache river, and for other purposes," approved Feb- 
ruary 21, 1867, be and the same is hereby repealed, and 
all acts and parts of acts thereby repealed are hereby re 
enacted and declared to be in full force and virtue. 

§ 2, This act shall be in force from and after its 
passage. 

Appkoved March 9, 1869. 



262 NEWSPAPERS — NAMES CHANGED, PERSONS. 1869 



NEWSPAPERS. 



In force l^arcli AN ACT to punish the steaUnsr of newspapers and periodicals. 

27, 1S89. o I f f 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly^ That every 
Larceny. person wlio shall unlawfallj and feloniously steal, take and 

carry away any newspaper or periodical from the place 
where the same may be left for any other person or per- 
sons, corporation or corporations, shall be deemed guilty of 
larceny, and punished accordingly. 
Row proved. § 2. In every indictment under this act, it shall be suffi- 
cient to allege such newspaper or periodical to be the 
property of the publisher, or the person or corporation for 
whom the same may be left. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved March 27, 1869. 



NAMES CHANGED, PERSONS. 



In force March AN ACT to change the name of Mary Ellen Askins, and for other pur- 
ls, 1S69. ° poses. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
Askins to name of Mary Ellen Askins, the adopted daughter of Hen- 
Miiier. j.y ^jj(j Serepta Miller, of the county of Fayette and state 

of Illinois, be and the same is herelDy chan^-ed to Henrie 
Serepta Ellen Miller, for all purposes whatever. 
Entuied to § 2. That the said Henrie Serepta Ellen Miller shall be 
and she is hereby entitled to all the rights that would be- 
long or pertain to her if she were the natural daughter of 
the said Henry Miller and Serepta Miller, and shall be 
under the control of and capa^ble of inheriting the property 
of the said Henry Miller and Serepta Miller as fully as if she 
were their own child by nature. 

§ 3. This act to be deemed a public act, and take 
effect from and after its passage. 

Approved March 15, 1869. 



inherit 



1869 NAMES CHANGED, TERSONS. 203 



AN ACT to change the name of William Bowles to William Creed, and to j^ j^^^^ March 
legalize the adoption of said William Creed as the son of Thomas Creed, 10,1869. 
and to make said William Creed an heir-at-law of said Thomas Creed. 

Whereas, Thomas Creed, of Fall Creed township, Preamble. 
Adams county, state of Illinois, has adojjted, as his son, an 
infant now of the age of about six months, named Wil- 
liam Bowles, such adoption being made with the consent of 
Eila Bowles, the mother and sole natural guardian of said 
infant; therefore, 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That the 
said adoption is hereby legalized and that the name of the owiestocreed 
said William Bowles be changed to William Creed intes- 
tate be deemed and considered as an heir-at-law of said 
Thomas Creed, and entitled to the same share of the estate 
as if he were a lawful child of said Thomas. 

Approved March 10, 1869. 



AN ACr to change the nanao of Jane Coombs to that of Jane Patten, and la force March 
make her heir-at-law of James R. Patton and Hannah R. Patton. 2, isea. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the coombs to 
name of Jane Coombs be changed to that of Jane Pat- 
ton, 

§ 2. That Jane Coombs, whose name, by this act, is to 
be changed to that of Jane Patton, be made heir-at-law of 
James E. Patton and Hannah R. Patton. 

§ 3. This act to be in force from and after its passage. 

Approved March 2, 1869. 



AN ACT to change the name of James W. Coon. Ijj ^^^.^^ March 

£9, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
name of James W. Coon, of the county of Hancock and 
state of Illinois, be and the same is hereby changed to 
Jackson Kindsman, and he shall hereafter be known and 
called by said name. 



26i NAifES CHANGED, PERSONS. 1869 

§ 2. This act shall take effect and be iu force from and 
after its passage. 

Appeoved March 29, 1869, 



In force March AN ACT to change the name of Lucretia Antoinette Dennincr. 

30, i86y. 

Section 1. Be it enacted ly the Peojyle of the State of 
Illinois^ reinesented in the General Assembly, That the 
name of Lucretia Antoinette Denning be changed to Lu- 
cretia Antoinette Rhodes. 

§ 2. This act to take effect from and after its pas- 
eage. 

Appeoved March 30, 1S69. 



In force March AN ACT to change the name of Otto William Engleman and Elijah Alex- 
11, 1869. ander Engleman to William Bull and Elijah Alexander Bull. 

Section 1. Be it enacted hy tJie People of the State of 
Illinois, represented in the General Assembly, That the 
name of Otto William Engleman and Elijah Alexander 
Engleman, grand-children of Elijah Mitchell, residing in 
the county of Macoupin, and state of Illinois, be and the 
same are hereby changed as follows, viz: That of Otto 
William Engleman to William Bull, and that of Elijah 
Alexander Engleman to Elijah Alexander Bull. 

§ 2. This act to be in force from and after its passage. 

Appeoved March 11, 1869. 



In force March AN ACT to change the name of John Kelley, and make him heir-at-law 
2i, 1SG9. of David Riffey and Mrs. Ruth Riffey, wife of David RifiFey. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
name of John Kelley be and the same is hereby changed 
to that of John Eiffey. 

§ 2. And be it further enacted, that the said "John" is 
herebv made and declared to be the heir-at-law of David 



1869 NAMES CHANGED, PERSONS. M6 

Eiffey and of Mrs. Ruth Kiffej, wife of the said David 
Riffey, in all respects as though he was their natural born 
child. 

§ 3. This act shall be deemed a public act. 

Approved March 24:, 1869. 



AX ACT to change the name of Albert King to that of Albert Griffin. In force Mavch 

27, 1S09. 

Section 1. £e it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
name of Albert King be and the same is changed to that 
of Albert Griffin, by which he shall hereafter be called. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved March 27, 1869. 



AN ACT to change the name of Ada Byron Gilmoro. In fores March 

29, lRr,9. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
name of Aua Byron Gilmore, of the city of Springfield, 
be and is hereby changed to Ada Byron Mclntire, and that 
she be made the heir-at-law of Roxana Mclntire. 

Approved March 29, 1869. 



AN ACT to change the name of Druzilla Lacock. In force March 

15, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, reyresented in the General Assembly, That the 
name of Drnzilla Lacock, formerly widow of Orlin Gilbert, 
of Yermilion county, Illinois, be and the same is hereby 
changed, for all purposes whatsoever, to the name of Dru- 
zilla Gilbert. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 15, 1869. 

—34 



266 NAMES CHANGED, PERSONS. 1869 



In force March AN ACT to change tlie name of Pascal Lahararonette. 

10, 1869. ^ * 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
name of Pascal Lahargonette, of Peoria county, Illinois, 
be and the same is hereby changed, for all purposes what- 
soever, to the name of Pascal L. Mars. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Appkoved March 10, 1869. 



lu force March AN ACT to change the name of Martin Meeker to Martin M. Turner. 
29, 1869. ^ 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
name of Martin Meeker, of LaSalle county, be and the 
same is hereby changed to Martin M. Turner. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 29, 1869. 



In force March -^^' ACT to change the name of Marian Louise McMaster. 

26, 18ti9.' 

Section 1. Be it enacted hy the People of the State of 
niinois, represented in the General Assembly, That the 
name of Marian Louise McMaster, of Cook county, Illi- 
nois, be and the same is hereby changed, for all purposes 
whatsover, to the name of Marian Louise Wright. 

§ 2. This act shall be in force from and after its pas- 
sage. 

Approved March 26, 1869. 



18G9 NAMES CHANGED, PERSONS. 267 



AN ACT to clianc;e the name of Charles Muthank to Charles Munt. in force March 

31, 1863. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
name of Charles Mathank is hereby changed to Charles 
Munt. 

§ 2. This act shall take effect from and after its pas- 
sage. 

Approved March 31, 1869. 



AN ACT to change the name of John Henrj Parks. In force March 

27, 1809. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
name of John Henry Parks be changed to Charles Henry 
Glover. 

§ 2. This act to take effect from and after its passage. 

Approved March 27, 1869. 



AN ACT to change the name of Mary Jane Read. lu force June 



19, 



Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Asseinbly, That the 
name of Mary Jane Eead, of the county of Scott, be 
changed to Mary Jane Foashee. 

Approved March 25, 1869. 



AN ACT to change the name of James Allen Rogers to James Allen Seass, ^^'^gf ^g^^""'' 
and to make him the heir-at-law of Edward H. Seass and Hannah E. ' 

Seass. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
name of James Allen Rogers is hereby changed to James 
Allen Seass, and he is hereby made the heir at-law of Ed- 
ward H. Seass and Hannah E. Seass, th^ game as if he was 
their natural child. 



26S NAMES CHANGED, PERSONS — TOWNS. 1S69 

§ 2. This act shall be deemed a public act, and be in 
force from and after its passage. 
Appeoved March 26, 18G9. 



lu force March AN ACT to change the name of Cora Snell to Elleu Madeline Sloan, and 
30, l3o9. make her the heir-at-law of Horace L. Sloan and Eliza A. Sloan. 

Section 1. £e it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
saeii changed name of Cora Sneil, an infant, now residing with said 
to Sloan. i^orace L. Sloan and Eliza A. Sloan, in the city of Chi- 

cairo, be and the same is hereby changed to Ellen Madeline 
Sloan, and that by said name of Ellen Madeline Sloan she 
shall be hereafter known and called. 
Rights. § 2. That the said Ellen Madeline Sloan shall be and 

she is hereby declared to be entitled to all the rights that 
would belong to her were she the daughter of the said 
Horace L. Sloan and Eliza A. Sloan, and that the said 
Ellen Madeline Sloan shall, for all purposes whatsoever, be 
the heir-at-law of and subject to the same control and 
restraint under the said Horace L. Sloan and Eliza A. Sloan, 
as if she were the natural born child of the said Horace L. 
Sloan and Eliza A. Sloan. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved March 30, 1869. 



NAMES CHANGED, TOWNS. 



In force March AN ACT to change the name of the town of Aliin, in McLean county, 
30. 1809. Illinois, to the name of Stanford, 

Section 1. Be it enacted ly the People of the State of 
Illinois^ represented in the General Assembly, That the 
name of the town of Allin, in Allin township, in the 
county of McLean, and state of Illinois, located on a part 
of section twenty-one (21), in township twenty-three (23) 
north, of range one (1) west, of the third principal meri- 



1869 NAMES CHANGED, TOWNS. 269 



dian, shall be changed to and hereafter be knc^n by the 
name of Stanford. And conveyances made, before the 
passage of this act, of any lot, lots or any part thereof in 
the original plat of said town of AUin, or any addition 
thereto, shall be taken and considered, in law, as having 
been made under the name and style of Stanford. 

§ 2. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 

AprjsoYED March 30, 1869. 



AN ACT to change the name of the town of Blue Town, in Tazewell conn- lu force March 
ty, to that of Hilton. 25,1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rejyvesented in the General Assembly^ That the 
name of the town of Blue Town, in Tazewell county, be 
changed to that of Hilton. 

§ 2. This act shall be deemed a public act, and shall take 
effect and be in force from and after its passage. 

Appkoved March 25, 18G9. 



AN ACT to change the name of Olarksville, McDonough county, Illinois, to lu force March 
the name of Sciota, McDonough county, Illinois. 29, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General As.'^em'bly, That the 
name of Olarksville, in the county of McDonough, state 
oi Illinois, is hereby changed and altered to the name of 
Sciota, county and state above named ; and that all pub- 
lic records, seals and business of any name or nature to 
which said Olarksville is or may be party thereto, shall 
hereafter be done in the name of Sciota, except such 
business, if any, as may now be pending in the courts, or 
unfinished transactions already commenced in the name of 
said Olarksville. Otherwise, all transactions of a public 
nature shall be done in the name of Sciota. All' laws 
to the contrary notwithstanding. 

§ 2. This act is hereby made a public act, to be in 
full force and effect from and after its passage. 

Appeoved March 29, 1869. 



!70 



NAJVIES CHANGED, TOWNS. 



1869 



Coloma 
Dubois. 



1° force April AN ACT to change the name of the town of Coloma, in Washington county, 
' and to incorporate said town. 

Section 1. JBe it enacted hy the People of the State of 
Illinois, represetitcd in the General Assembly, That the 
to name of the town of Coloma, in Washington county, is 
hereby changed to that of Dubois, 

§ 2. That the inhabitants and residents of the said town 
of Dubois, in the county of Washington, are hereby made 
a body corporate and politic, in law and in fact, by the 
name of "The President and Trustees of the Town of 
Dubois," and by that name and style shall be able and 
capable, in law and equity, to sue and be sued, plead and 
be impleaded, to defend and be defended iu all manner of 
suits, actions and causes, of whatever kind or nature they 
may be, in as full and effectual a manner as any person or 
persons, bodies politic and corporate can or may do ; and, 
by the name and style aforesaid, shall have perpetual suc- 
cession; and may have and use a common seal, the same to 
alter or renew at pleasure. 

§ 3. That the corporate powers of said town shall be 
vested in and exercised by Mve (5) trustees, to be chosen 
and appointed as hereafter declared, who shall form a board 
for the transaction of business. 

§ 4. That L. J. Bridges, W. R. Corgan, R. S. Payton, 
H. B. Laiiin and B. T. W. Keller are hereby appointed 
trustees of said town under this act, and shall hold their 
offices until the first Monday in April, 1870, and until their 
successors are elected and qualified, which election shall be 
holden on the first Monday in the month of April, in each 
year thereafter. The members composing said board of 
trustees shall be at least twenty-one years of age, and in- 
habitants of said town, and boiia fide freeholders of said 
town ; and they shall have power to till all vacancies in 
their board which may be occasioned by death, resignation 
or otherwise. 

§ 5. That the boundaries of said town shall be as fol- 
lows : All of section thirty-three (33), in township three 
(3) south of range one (1) west of the third (3d) principal 
meridian, in Washington county, and the several additions 
thereto that may hereafter be made, by being surveyed, 
platted and recorded according to law. 
President rnd § 6. The board of trustees shall appoint one of their 
organization. p.Qtnbej. president ; and said board may appoint a town 
clerk, and fix his qualilications and duties, in such manner 
as they may deem proper ; and such board shall be the 
judges of the qualifications, elections and election returns 
of thviir own members, a majority of whom shall constitute 
a quorum to do business, but a smaller number may adjourn 
from day to day and may compel the attendance of absent 



Boundary. 



1869 NAMES CHANGED, TOWNS. 271 

members in such manner and under such penalties as the 
board may provide ; they may determine the rules of pro- 
ceedings, punish their members for disorderly conduct, and 
by the concurrence of three fifths (3-5) nf the whole number 
elected may expel a member ; and make such other rules 
and regulations for their government as to them may seem 
proper and expedient. 

§ 7. That said board may have power, by ordinance, to Powera. 
levy and collect taxes upon real estate within the corporate 
limits of said town, at their discretion ; to declare what shall 
be considered nuisances in said town, to prevent and re- 
move the same ; to provide for licensing, taxing and regu- 
lating auctions, taverns, groceries, theatrical and other 
shows and exhibitions ; to restrain and prohibit all disor- 
derly houses ; to prevent the running and indecent exhibi- 
tion of horses and jacks ; to open, grade, pave and keep 
in repair streets, alleys, drains and sewers ; to regulate the 
police of the town ; to provide for trial and punishment of 
persons guilty of a violation of any ordinance of said town ; 
to regulate the election of town officers, and fix their com- 
pensation ; to require bond and security of said officers for 
the faithful performance of their respective duties, and from 
time to time to pass such ordinances to carry into efi'ect 
the objects of this act and the powers hereby granted, as 
the good of tlie inhabitants of said town may require. 

§ 8. That said board of trustees shall have power to Fines and for- 
impose fines and forfeitures for the breach of any ordinance, ®""'"^^- 
and provide for the collection thereof; and to direct, by 
ordinance, such punishment to be inflicted for any offense 
against the laws of the incorporation, as it is or may be 
provided by law for like offenses against the laws of the 
state: Provided, that no person shall be deprived of the 
right of trial by jury in any case when such person would 
be entitled to trial by jury for like offenses against the 
laws of this state. 

§ 9. In all cases arising under this act, or ordinances Justices have 
passed in pursuance hereof, any justice of the peace in said 
Washington county shall have jurisdiction to hear and de- 
terinitie the same, and appeals may be taken and writs of 
certiorari allowed in all such cases, in the same manner 
that now is or hereafter may be provided by law for appeal- 
ing from judgments of justices of the peace: Frovidtd, 
that at the first election under this act for a board of trus- 
tees, the inhabitants may elect a police magistrate, who 
shall hold his office for four (4) years, and who shall have 
exclusive jurisdiction in all cases arising under the ordi- 
nances of said town, and otherwise the same jurisdiction 
and be subject to give the same bonds as other justices of 
the peace in this state ; and shall have the same fees and 



272 



NAMES CHANGED, TOWNS. 



1869 



Tax sales— re- 
demption. 



be governed by the same rules and laws as other justices 
of the peace. 

§ 10. That all ordinances of said trustee?, made in pur- 
suance of this act, shall be fairly wa-itten out, signed by the 
clerk, and the same or printed copy thereof shall be posted 
up at three of the most public places in said town, and no 
ordinances shall be enforced until posted up or published 
in some newspaper published in said town, for at least ten 
(10) days. 

§ 11. That said board of trustees shall have power to 
adopt such modes for the assessments and collection of 
taxes as they may, from time to time, Hx upon and deter- 
mine ; to provide for selling property when tax is not paid : 
Promded, that no sale of real estate for non-payment of 
taxes shall be made until public notice*of the time and 
place of sale shall be given by advertisement, either printed 
or written, in three of the most public places in said town, 
for at least fifteen (15) days previous thereto. 

§ 12. When any town lot or other real estate shall be 
sold for taxes under ordinance passed in pursuance of this 
act, the same may be redeemed any time within two ('i) 
years from the date of such, by the owner or owners of 
such property or real estate, his, her or their agent, execu- 
tor or administrator, by paying to the treasurer of said town 
or board of trustees double the amount of the purchase 
money, with interest at the rate of ten (10) per cent, per 
annum, with the costs accrued thereon. 

§ 13. That the members of the board of trustees and 
all officers of said corporation shall, before entering upon 
the duties of their respective offices, take an oath or affir- 
mation, before some officer authorized by law to administer 
oaths, to support the constitution of the United States and 
of this state, to faithfully discharge the duties of their re- 
spective offices. 

§ 14. That said board of trustees shall have power to 
appoint a town constable at their first meeting under this 
act, and shall have power to prescribe his duties, by ordi- 
nance, and fix his fees : Promded^ such fees shall not ex- 
ceed those allowed to constables, by law, in similar cases — 
said town constable to hold his office during the pleasure of 
said board of trustees. 

§ 15. That for the purpose of keeping the streets, alleys, 
lanes and highways in good repair, said board may require 
every male inhabitant over the age of twenty-one (21) 
years and under the age of fifty (50) years to labor on said 
streets, alleys, lanes or highways, not less than two (2) nor 
more than five (5) days in each year, and said board may 
make such regulations to enforce such labor as they may 
deem proper, consistent with the laws of this state on the 
subject of road labor. 



NAJklES CHANGED, TOWNS. 373 



ot to 



' § 16. That all fines, forfeitures and penalties authorized eJ^e^sioo. 

to be assessed by this act, may be in an action of debt 

in the name of " The President and Trustees of the Town 

of Dubois," before any justice of the peace of said county : 

Provided, that no such fine, forfeiture or penalty shall 

exceed one hundred ($100) dollars ; and all sums received 

for license granted to groceries, taverns, auctions, theatrical 

or other shows and exhibitions, and all tines, forfeitures 

and penalties imposed for a violation of any ordinance of 

said town, shall, when collected, be paid into the town 

treasury for the use and benefit of said town. 

§ 17. That said board of trustees shall have power to other officers 
appoint such other oflicers, not named in this act, as they 
may deem necessary to carry out and enforce the provisions 
of this act and the ordinances passed by said board in pur- 
suance hereof. 

§ 18. This act shall be a public act, and take effect and 
be in force from and after its passage. 

Approved April 1, 1869. 



AN ACT to change the name of Concord, McLean countj, to Danvers, lu force March 
McLean counsy, Illinois, and to incorporate the same. 30, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Asseinoly, That the 
name of the town of Concord,^ in the county of McLean, Name changed, 
be and is hereby changed to that of Danvers, and shall 
hereafter be known by the name of Danvers : Provided, 
that the change of name shall in no wise affect contracts or 
conveyances heretofore made. 

§ 2. The inhabitants of the town of Danvers, in the Re-incorpora^ 
county of McLean, are hereby made a body politic and 
corporate, in law and in fact, and in the name and style of 
" The President and Trustees of the town of Danvers," 
and by that name shall have perpetual succession and a 
common seal, which seal they may alter at pleasure. 

§ 3. That the corporation shall include and embrace all I'i'nits. 
the land contained as follows : The south-west quarter of 
section thirteen (13) and south-east quarter of section four- 
teen (14), the north-east quarter of section twenty-three (23) 
and the north-west quarter of section twenty-four (21), in 
town twenty-four (21), range one (1) west of the third 
principal meridian, McLean county, and state of Illi- 
nois. That there shall be, on the first Monday of May 
next, an election of five trustees, and on every first Mon- 
day of May thereafter, who shall hold their offices for 
~-S5 



274 NAMES CHANGED, TOWNS. 1869 

one year and until their successors are duly elected and 
qualified ; and public notice of time and place of holding 
said election shall be given by the president and trustees 
of said town by an advertisement published in a news- 
paper in said town, or posting it up iu at least three 
of the most public places in said town ; the first notice of 
election to be given by W. F. Hodge, or by any of the 
qualified voters in the town. Wm. S. Hall, M. S. Hodge, 
H. Parkhurst, C. C. Kowell, W. Estes, S. Baker, G. Bunn, 
H. G. Bumgardner, TV". C. Hoagg, W. Wyatt, or any three 
of them, shall prescribed the manner in which the election 
or elections of the organization under which this charter 
shall be conducted; and the board of trustees shall pre- 
scribe the manner in which all subsequent elections shall 
be conducted. 
Shall have § [4] 5. The Corporation shall have all the rights, privi- 
rtshts, powers, jg^gg ^^^ powers Conferred upon the village of Eureka, 
"Woodford county, by an act passed February 2?d, 1859. 

I [5] 6. This act shall take effect from and alter its pas- 
sage. 

Appkoved March 30, 1869, 



In force Marcb AX ACT to change the name of Coulterville, Randolph county, Illinois, to 
80, 1869. Grand Cote. 

Section 1. ^e H enacted hy the People of the State of 
Illinois^ represented in the' General Assembly^ That the 
name of the town of Coulterville, in Randolph county, Illi- 
nois, be and is hereby changed to Grand Cote, and here- 
after shall be known and recognized as Grand Cote. 

§ 2. This act shall be deemed a public act, and be in force 
from and after its passage. 

Approved March 30, 1869. 



In force April AN ACT to amend an act entitled "An act to incorporate the town of 
1, 1869. Dement, in O^le county, Illinois, to change the name thereof to Cres- 

ton, and to enlarge the police powers of said town." 

Section 1. Be it enacted hy the People of the State of 

Illinois^ represented in the General Assembly^ That from 

Change of and after the passage of this act the name of the town of 

name. Dement, in Ogle county, in the state of Illinois, be and 

the same is hereby changed to that of Creston, and that 



1869 NAMES CHANGED, TOWNS. 275 

said corporate town shall hereafter be known and called 
bj the name of Creston. 

§ 2. That the change of the name of the corporate Not to affect 
town of Dement to that of Creston shall in no way annul S^or tuiero? 
or interfere with the rights of persons heretofore acquired, property. 
nor to, in any manner, affect the title to real or other pro- 
perty or thing, or the action or the right of action, in law 
or in equity, nor to, in any manner, affect or annul any 
ordinance heretofore passed by said corporate town of De- 
ment, and now in force, but that the same shall continue to 
be in force and operation until repealed by the trustees of 
the said corporate town of Creston ; and all suits now 
pending, in which said town are interested, directly or in- 
directly, shall be, by said town, duly prosecuted to a iinal 
result, or are otherwise legally disposed of. 

§ 3. At the next annual election of trustees for said Annual eiec- 
corporate town of Creston, and quadrennially thereafter, the *^°°'*' ^'^'^^^^^^• 
legal voters thereof shall also elect one police magistrate, 
who shall duly qualify and be commissioned, and possess 
the same powers and term of office as is now provided by 
the general laws of this state for the qualifications, powers 
and duties of justices of the peace : Provided^ that the 
corporate authorities of said town may order a special elec- 
tion for the election of said police magistrate within six 
months after the passage of this act. 

§ 4. The police magistrate and all justices of the peace Jurisdiction 
residing within the corporate town of Creston shall have ffiei!*"^ '"^^'" 
jurisdiction of all causes of actions and prosecutions for the 
violation of any ordinance of said town, but shall not ren- 
der a judgment, in any one suit, for a greater sum than one 
hundred dollars and the costs of suit ; and shall have and 
recover the same fees for like services as are now provided 
by law for jastices of the peace elected by virtue of the 
general laws of this state ; and change of venue may be change of 
taken from one justice to another in said corporation ; and ^®'^°''- 
in case of the absence of the other justice or justices from 
said town, or of their disability, then the justice before 
whom the change of venue is taken and granted, shall send 
his transcript and papers to the next nearest justice in the 
county, who shall have jurisdiction of the parties and sub- 
ject matter the same as any justice of said corporation. 

§ 5. The board of trustees of said corporate town of mJ^T^Ipp^t^ 
Creston shall be and are hereby vested with full power to ments. 
appoint a town constable by a majority vote of said board, 
who shall duly qualify in all respects as is now provided by 
the general laws applicable to constables elected and quali- 
fying for said office ; and said constable, so appointed and 
qualified, shall have the same jurisdiction and powers to 
execute or serve processes anywhere in the county of Ogle 
as other constables, and shall be subject to the same Uabili- 



276 NAMES CHANGED, TOWNS. 1869 

of constables*'" *^®^ ' ^^^ ^^^ coDstables in the township of Dement shall also 
have jurisdiction and power to serve any and all processes 
delivered to him, issued by the police magistrate of said 
town of Creston, or any other magistrate of said town. 
Said board shall also have the power to create such subor- 
dinate offices as they deem necessary, and appoint officers 
to fill the same and to discharge the duties connected there- 
with, and remove and appoint such officers at pleasure, 
which officers shall qualify and discharge such duties as 
may be prescribed by said board. Said board shall also 
have power to appoint one or more police officers, as they 
may deem necessary for carrying into effect the powers con- 
ferred upon said corporation by this act and the act to which 
this is an amendment, or ordinances passed and operative 
by virtue hereof. 
All officers to § 6. The trustees and all police officers, all constables 

make arrests. ^^^^ magistrates residing within said corporation, are here- 
by declared to be conservators of the peace, and they are 
hereby vested with full power and authority to arrest or 
cause to be arrested, with or without process, on view, any 
and all persons who shall violate any ordinance or ordi- 
nances in force in said town, and detain such person or 
persons in custody, in the lockup of said town, or other 
safe place, or in the county jail, over night or longer if nec- 
essary, or during the sabbath day and until a trial can be 
/ had, or while any such persons may be intoxicated ; and 

shall have such other powers as the said board may pre- 
Powertopro- scribo by ordinance. 

uquor. '^^^ °^ § 7. The board of trustees of said town of Creston shall 
have the exclusive power to regulate, prohibit or license 
the sale of spirituous, vinous, malt, fermented or intoxica- 
ting or mixed liquors in said corporate town, and upon 
such terms and conditions as they may deem proper, and 
shall likewise have the power to regulate, prohibit or license 
billiard saloons and bowling alleys in said town, upon such 
terms and conditions as they may deem proper : Provided^ 
that no license granted by said board and their successors 
shall continue and be in force beyond the term for which 
said board of trustees shall have been elected, but all such 
licenses shall expire and become void on the day of the 
Trustees to annual election of said board of trustees. 

meetings!""* ^ § 8. Each newly elected board of trustees shall, as soon 
as practicable after their said election, meet and duly quali- 
fy and organize ready for the transaction of business, and 
their subsequent meetings shall be on the first Monday of 
each month and at such other times as they may deem 
May levy and proper during their term of office. 

collect taxes. g fj^ rp^^ ^^^^^ ^^ trustees of said town shall have the 
power and authority to levy and collect taxes, for corporate 
purposes, annually, upon all the taxable property within 
said corporation 5 not to exceed two per cent, per annum 



1869 NAMES CHANGED, TOWNS. 277 

upon the assessed value thereof, and enforce the collection 
of the same as is now provided by law for the collection of 
state and county taxes — said taxes to be collected by the 
township collector of the township of Dement ; and when 
so collected the same shall by him be paid to the treasurer 
of the said town of Creston, after deducting the fees allowed 
by law for the collection of state and county taxes. Upon 
the return of said collector of the non-payment of any such 
tax, the revenue laws of the state in force shall apply and 
be in force the same as to all other taxes or lands returned 
to the county treasurer as delinquent for the non-payment of 
taxes. 

§ 10. The said board of trustees of said town of Ores- Power and 
ton shall have the full power to make, enforce and repeal ^"^y of trustees 
all and such ordinances that may be necessary and proper 
for the carrying into effect all the powers specified in this 
act and the act to which this is an amendment, or as the 
good of the inhabitants of said corporate town may, from 
time to time, require. 

§ 11. All prosecutions for the violation of this act and .Pecaity for 
the act to which this is an amendment, for which lines, ^Mices"^ 
forfeitures and penalties are provided, and all prosecutions 
for the violations of all town ordinances now in force or 
hereafter to be in force in said town, shall be commenced 
and prosecuted in the same manner as cases of assault and 
battery now are provided for by law. Either the party 
prosecuting or the defendant may have a jury if demanded 
by them ; and all fines, forfeitures and penalties prosecuted 
for and collected for any violation of this act or the act to 
which this is an amendment, or for the violation of any 
ordinance in force in said town, or for affrajs, assaults, as- 
saults and batteries, quarrelling, breaches of the peace or 
other disturbance or disorderly conduct, shall be paid into 
the treasury of said town, and be vested in and belong to 
said town. 

§ 12. The board of trustees of said town of Creston imp^ove^eueets 
shall have power and authority to open, alter, widen, estab- 
lish, vacate, grade, pave or otherwise improve and keep in 
repair streets, avenues, lanes, alleys and public roads in said 
town. 

§13. The board of trustees shall have power to require Railroads to 
railroad companies to construct and keep in repair suitable ^g|"^" *^''°^^" 
crossings at the intersection of streets and alleys in said 
town where the said board may deem necessary for the con- 
venience of said town or the public ; also, to regulate the 
speed of locomotive engines or trains of cars running 
through said town. 

§ 11-. All acts or parts of acts coming within the provi- conflictmg 
sions of this act, contrary to or inconsistent with its pro- ^'^^^ repealed, 
visions, are hereby repealed. 



278 NAMES CHANGED, TOWNS. 1869 

cha°gtng name! § ^^- ^^ much of this act as provides for changing the 
name of said town of Dement shall be inoperative and void 
until the same shall be adopted by the legal voters of said 
town in manner following : It shall be the duty of the 
corporate authorities of said town to submit the question of 
changing the name of said town at the next regular election 
in said town, or at any special election to be called by them 
for that purpose, at any time within six months after the 
Legal voters passage of this act. At such election the legal voters of 

Change's mme Said town shall votc " For Dement," or " For Creston ;" 
and if at such election a majority of the votes cast upon 
that question shall be " For Dement," so much of this act 
as provides for changing the name of said town shall be 
void, but if at such election a majority of the votes cast 
upon that question ehall be "For Creston," then all the 
provisions of this act relating to said change of the name of 
said town be in force and effect. 

§ 16. This act is hereby declared to be a public act, to 
be received and used in all courts without proving or 
pleading the same, and shall take effect from and after its 
passage. 

AppfiovED April 1, 1869. 



£n force March AN ACT to change the name of Glascoe, in Peoria county, to Glasford. 
30, 1869. 

Section 1. Be it enacted hy the People of the State of 
Uliiiois, represented in the General Assembly, That the 
name of the town of Glascoe, in Peoria county, be and the 
same is hereby changed to that of Glasford. 

§ 2. This act shall be in force from and after its 



Appkovkd March 30, 1869. 



In force April AN ACT to amend an act to change the name of the town of Grand Cote . 
15, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
name of the town of Grand Cote, in Randolph county, is 
hereby changed to that of Coulterviile, and shall hereafter 
be known by that name. 



1869 NAMES CHANGED, TOWNS. 27^ 

§ 2. This act shall be deemed a public act, and shall 
be in force from its passage. 
Approved April 15, 1869. 



AN" ACT to change the name of the town of Howard, in the county of In force June 
Winnebago. 19. 1869- 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
naiije of the town of Howard, in the county of Winnebaojo, 
be and is hereby changed to Durand, and by that name 
shall be henceforth known and called. 

Approved. 



AN ACT to change the name of the town of Lysander, in the county of In force March 
Winnebago. 29, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
name of the town of Lysander, in the county of Winneba- 
go, is hereby changed from Lysander to Pecatonica. 

§ 2. This act shall take eifect and be in force from and 
after its passage. 

Approved March 29, 1869. 



AN ACT to change the name of the town or village of Mount Pleasant, in in] force March 
DeWitt county, and state of Illinoi.s. 27, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
name of the village or town of Mount Pleasant, in the 
county of DeWitt and state of Illinois, be and the same is 
hereby so altered and changed that the said town or vil- 
lage shall be hereafter designated and known by the name 
of Farmer City. 

§ 2. That this act shall take efi'ect and be in force from 
and after its passage. 

Approved March 27, 1869. 



280 



NAMKS CHANGED, TOWNS. 



1869 



In force April AN ACT to change the name of the town of Rand to Desplaines, and incor- 
^°' ^^^^- porate the same. 



Section 1. £e it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 

Name changed, ^^me of the towD of Kand, in the county of Cook and state 
of Illinois, be and the same is hereby changed to Desplaines; 
and that all lots of land and real estate which may be here- 
after conveyed and transferred, which lie within the boun- 
daries of the town of liand, as described by maps of said 
town of Rand, which are recorded in the recorder's office 
in the county of Cook and state of Illinois, in book of maps 
143, pages 9 and 10, and book of maps 161, page 18, may 
be described in deeds, contracts, mortgages and instruments 
of writing, conveying and relating to such lands, as located 
in the town of Desplaines; and such descriptions shall be 
valid. But nothing in this act shall be construed to inter- 
fere with or affect the title to any real estate or other pro- 
perty. And all transfers and conveyances of real estate, 
before made, which describe the same as in the village or 
town of Rand, shall be and stand valid. 

Boandaries. § 2. That all those tracts of land embraced within the 

boundaries of section sixteen, section seventeen, section 
twenty and section twenty-one, in township forty-one north, 
of range twelve east of the third principal meridian, accord- 
ing to the original survey of the said sections, be and the 
same is hereby declared to be within the limits and boun- 
daries of the town of Desplaines. 

General powers § 3. That the resident inhabitants of the town of Des 
plaines, residing within the boundaries described in section 
2 of this act, are hereby made and constituted a body cor- 
porate and politic, by the name and title of " The Town of 
Desplaines ;" and by that name sliall have perpetual suc- 
cession ; may sue and be sued, plead and be impleaded, 
complain and defend, in courts of law and equity, and in 
all actions and matters whatsoever ; may receive, purchase, 
hold, grant, convey and lease real estate and personal pro- 
perty, as the purposes and interest of said town of Des- 
plaines may require ; may have and use a seal, and alter 
the same at pleasure ; and may do all other acts, as natural 
persons, in exercising the powers hereby granted. 
Powers vest- § 4. The Corporate powers and government of said in- 

ed in trustees, corporation shall be vested in live trustees, who shall form 
a board for the transaction of business, and who shall serve 
without compensation. The board of trustees shall be 
elected annually and serve for one year and until their suc- 
cessors are elected and qualified ; they shall be citizens of 
the United States, twenty-one years of age ; shall possess a 
freehold estate within the limits of the incorporation, and 



sideut of 
bnavd, how ap- 



1869 NAMES CHANGED, TOWNS. 281 

reside therein. No failure to' elect trustees on the day 
appointed shall operate as a dissolution of the corporation ; 
but such election may be held on any subsequent day, upon 
live days' notice being given by the president or clerk, or 
any two members of the board of trustees, or by any ten 
legal voters of the town, in the manner of giving notice of 
the iirst election. 

§ 5. That the board of trustees shall appoint their presi- ^^^^^.f^^ 
dent from their own body, who shall presideat the meetings pomte'dr 
of the board ; and in case of absence or inability of the presi- 
dent to serve, the trustees present shall have power to elect 
a president yro tem., from their own number. A majority 
of the trustees shall constitute a board to do business, but 
a smaller number may adjourn from day to day, and may 
compel the attendance of absent members, in such manner 
and under such penalties as the rules of the board shall 
provide. The board of trustees shall determine the style 
of ordinances of the town, the rules of proceedings, and 
order of business before them ; punish their memoers or 
other persons for disorderly conduct before the board, while 
in session, and, by a vote of four-fifths of the whole number 
elected, expel a member, for good cause shown ; and make 
such other rules and regulations for their own government to make ruie'^ 
as to them may seem meet, proper and expedient; and in and regulations 
case of death, removal from the limits of the incorporation, 
neglect for the space of three months together to serve, or 
refusal to serve, to be signified in writing to the board, of 
any member or members of the board, the remaining mem- 
bers may appoint to till the vacancy thereby occasioned. 

§ 6. That the board of trustees shall, annually, at the Trustees to 

L. 1 ..• \ ,•' • ^ L- J.^ appoint deik, 

next regular meetmg atcer taeir elections, or as soon there- etc. 
afcer as may be, appoint a clerk of the board of trustees, a 
treasurer, assessor and constable, and such other officers 
for said town, from time to time, as they may deem neces- 
sary, and for such term as they shall by ordinance direct, 
not exceeding one year. The board of trustees shall have 
power to define and regulate the duties of the oflicers of 
the incorporation, in such manner and under such pen- 
alties as they shall deem proper, and to provide for 
their compensation ; and they may provide for the elec- 
tion of the clerk, treasurer, assessor and constable, at 
the annual election of trustees, by the legal voters of said 
incorporation. 

§ f . Tliey shall require said treasurer, assessor and Bonds reqnir- 
constablo to take an oath of oflice, and file the same with ^d of officers, 
the clerk, and to give bonds, with sufficient security, well 
and truly to perform the duties of their respective offices, 
as shall bo required of them by law or the ordinances of 
the said town, from time to time, and in such penalty as 

—36 



ISTAirES CHANG"ED, TOWN?. 



1860 



incorpo- 



Authority 
president. 



Judges 
elections. 



Regular meet- 
ings. 



He.illh regU' 
laiions. 



the board of trustees shall direct, running to th^ 
ration, by its corporate name, 
of § 8. The president or any three members of the board 
of trustees shall have full power to call special meetings of 
of the board, whenever, in his or their opinion, the public 
good shall require it. The president shall have concurrent 
civil and criminal jurisdiction with justices of the peace, 
under the provisions of this act, within the limits of the 
corporation, and shall receive the same compensation for 
his services. 

§ 9. The board of trustees shall be elected annually, o'n 
the first Saturday in September, by the qualified voters of 
the corporation. ISTotice of the time and place of the first 
election shall be given by posting up at least four notices 
in public places, signed by five or more of the legal voters 
of the said town, and posted at least ten days before hold- 
ing such election. And, annually, thereafter, notices of 
election shall be given by the president or clerk of the 
board of trustees, by publishing the sam.e in any newspa- 
per published in the place, or by posting four notices of 
such election in public places in said town, signed by the 
president or clerk of the board of trustees, giving time 
and notice as aforesaid. 
of § 10. At all elections which may be held by the people 
of the said town the polls shall be open from the hour of 
nine o'clock a. m. until five o'clock p. ir., and all votes shall 
be cast by ballot. Two judges of election may be appoint- 
ed by the county judge of Cook county to conduct the first 
election, but in case such appointment is not made, then 
may the legal voters of said town, who may be present at 
the time and place of opening the polls, appoint two judges, 
who shall appoint one clerk, and the three shall act as a 
board of election. At all subsequent elections two mem- 
bers of the board of trustees may act as judges of election, 
and the election shall be conducted and returns made as in 
the town elections in the said county of Cook. In case of 
a tie vote for any ofiicer of this town, the same shall be 
decided by lot by the judges of election. All persons 
elected or appointed to office shall qualify within twenty 
days after election, otherwise the ofiice of such person or 
persons may bo declared vacant. 

§ 11. The regular meetings of the board of trustees 
shall be on the tiiird Saturday of September, December, 
March and June, of each year, and may hold adjourned 
meetings and appoint other meetings as they may consider 
best. 

§ 12. That the board of trustees shall also have power 
to make regulations to secure the general health of the in- 
habitants; to declare what shall be nuisances and to pre- 
vent and remove the same ; to provide the town with 



18G0 NAMES CHANGED, TOWNS. 281 



water and dig wells, erect hydrants and pumps in the 
streets for the convenience of the public; to open, widen, 
alter, reduce, extend, establish, grade, plank, pave, and in 
any other way or manner improve and keep in repair 
streets, avenues, lanes and alleys, sidewalks, crosswalks, ^^^'^^^^^' ^'^^y-. 
drains and sewers ; to establish, erect and keep in repair 
bridges ; to provide for the erection of all needful build- 
ings for the use of the town ; to provide for inclosing, im- 
proving and regulating all public grounds or places within 
or belonging to the corporation ; to provide, establish, pro- 
hibit, abolish and regulate any public or private cemetery 
or burying ground within the boundaries of the said town, 
and to permit or prohibit the burial of the dead therein ; 
to cause trees, shrubbery and plants for ornament and shade shade andor- 
to be planted and protected in the public grounds and "^a^^^^tai trees, 
streets ; to establish the widths, directions and names of 
all new streets and shapes of corners which may be laid 
out or made in any land which may be cut up or divided 
into blocks or lots within the limits of the said town ; to 
offer and pay premiums and rewards for fine iiardens, 
trees, plants, vegetables, fruits and flowers which may be 
produced within said town limits; to restrain and prohibit 
shooting, horse racing, indecent exposure of horses or per- indecent ex- 
sons, the use of obscene, indecent or profane language, ^^hw-ses'i °^^" 
bell-ringing, drumming, shouting or making other loud or 
or uncivil noises, obstructing streets or public grounds ; to 
cause saloons, business places and places of amusement to 
be closed and abstain from transactions on Sunday, and to 
prohibit playing and sporting on that day ; to regulate and 
determine the times and places for bathing and swimming 
in the river or other waters within the said town ; to re- Gaming and 
strain and prohibit houses of ill-fame, gaming and gaming ^^°^'^®'"'>' '^""^- 
houses, and other disorderly houses, and to suppress the 
same ; to prohibit prize fighting, contracting to tight, box- 
ing or other disorderly conduct, cock fighting, dog fighting, 
cruelty in the treatment of animals within the limits of said 
town ; to provide for taxing, licensing and regulating cir- 
cuses, caravans, theatrical or other shows and amusements Theaters and 
for the admission to which money or anything is charged ; shows. 
to prohibit, regulate and license merchants, auctions, ped- 
dlers, billiard tables, ball alleys, shooting rooms, lotteries, 
gift enterprises or sale of goods connected with any gift ; 
and should the laws of this state at any time permit the 
selling of liquor or ardent spirits of any kind by a less quan- 
tity than one quart, then the exclusive power to regulate 
and license such selling within the corporate limits ; to 
restrain and prohibit the running at large of any horses, 
cattle, sheep, swine, goats or dogs; to cause the destruction ^ossfetc. ^'^^*' 
of dogs within said corporation ; to erect market houses ; to 
establish markets and market places, and provide for the 



284 NAMES CHANOED, TOWNS. 1869 

use, government and regulation thereof; to establish the 
h us '^^^'^^'^*^"" location and cause the removal of slaughter houses, soap 
and candle factories, tanning establishments, or other un- 
wholesome or offensive house, thing or place, and to cleanse 
and abate the same as often or whenever the board of trus- 
tees may consider best for the health, comfort and good of 
the inhabitants of said town ; and said trustees or any of 
them sliall have full power to enter upon any premises 
where a nuisance is supposed to be situated, and to cause 
the removal of any nuisance, and the expense of such re- 
moval to be assessed upon and collected from the premises 
on which the same may be situated ; to fix the rates to be 
conveym^ pe?- charged for the carriage of persons and property within the 
sons im(f prop- limits of Said incorporation by carriages, wagons, sleighs or 
^^ ^" drags ; to provide for the preservation from and extinguish- 

Fire regulations meut of flrcs ; to establish and regulate a fire department ; 
to regulate the storage of gunpowder and all other com- 
bustible materials; to regulate the speed at which railroad 
locomotives and cars shall be driven or horses rode or 
of poUcT'™*'"' driven through said incorporation; to appoint, regulate and 
discharge the police of the town ; to regulate the election 
of officers of the incorporation ; to provide for. their com- 
pensation, except the board of trustees ; to provide for the 
inspection and weighing of hay and coal, the measurement 
of charcoal, fire-wood or other fuel to be sold or used within 
the incorporation ; to make all such ordinances, from time 
to time, and alter, amend and repeal the same, as shall be 
necessary to carry into effect and execution the powers 
specified in this act, so that the same be not inconsistent 
herewith, nor with the laws or constitution of the United 
States or of this state ; to impose fines, forfeitures and pen- 
alties for the breach of any ordinance of the incorporation, 
and to provide for the recovery and appropriation of any 
such fine or forfeiture and the enforcement of any such 
Fines and penalty ; to provide for the infliction of fines or penalties 
offlcersf^ °° upon any officer of the incorporation neglecting or refusing 
to ])erform any duty or act required of such officer in this 
act to be done ; to cause, from time to time, a census of the 
inhabitants of said town to be taken, and, in their discre- 
tion, to divide said town into wards, and designate the 
number of trustees that each ward shall be entitled to ; to 
Justice of the provide for the election of one or two justices of the peace 
peace. ^Yom the legal voters of the incorporation, biennially, at the 

election of the board of trustees, by the legal voters of the 
town, who shall hold their office for the term of two years 
and until their successors are elected and qualified — returns 
of which election shall be made by the clerk of the town — 
and such justices shall be commissioned by the governor, 
give bonds, to be filed in the town clerk's ofiice and run- 
ning to the board of trustees of the town, and in all other 



to 



1S60 NAMES CHANGED, TOWNS. 285 

respects be qualified and conform to the general laws of 
the state providing for the election and qualification of jus- 
tices of the peace, and shall have the same jurisdiction, 
power and authority, and perform all such acts and duties 
as are or may be, by laws of this state, vested in or re- 
quired of justices of the peace at and within said county of 
Cook, And in case of death, removal from the incorpora- 
tion, incapacity or refusal to serve of any justice of the 
peace elected under this act, to provide for tilling the va- 
cancy by election. 

§ 13, The board of trustees shall have power, by ordi- Power tc 
nance, to open, construct and cause to be" made ditches, Sents/°^''^°^^ 
drains, gutters, streets and alleys through the land or lots 
of any individual, persons or company owning lands or lots 
within the limits of the said town ; and to lease, purchase, 
condemn, take and possess, fur the use of the said town, 
private property, grounds and lands whenever, in their 
judgment, the health, good and interest of the said town 
require any of these things — first making provision for 
ascertaining and payment of adequate and just compensa- 
tion for all damages to the owners of such property which 
may be disturbed, changed or taken by or for the use of 
the said town ; and after posting written notices in the said 
town that assessors will be appointed at some future time, special asses- 
within ten days, the board of trustees may appoint one ^'^^^' 
assessor and the owner or owners of the property to be 
assessed may appoint one assessor, and they two shall select 
a third — and in case that the said owner or owners of said 
property to be assessed shall fail to appoint, at the time 
named in said notice, one man to act as assessor, or in case 
the two thus appointed cannot agree upon a third, then may 
the board of ttustees appoint three assessors, each of which 
assessors shall be freeholders within the limits of the said 
town, and disinterested in the property to be assessed, and 
these three men shall constitute a board of special assessors, 
who, after taking the usual oath of office, shall proceed to 
estimate the damages which any property may sustain by 
means of such improvements, use or possession of any 
grounds or property, and also to estimate and assess the 
benefits which may accrue or be gained to adjoining and 
neighboring lots, lands and property ; and the amount of 
damages thus estimated shalf be paid by the said town to 
the proper owners, and the amount of assessed benefits to 
eacli and every piece of land, lot or property shall stand as 
a legal tax upon the same, respectively, and shall be col- tobtaS^t^x 
lected in the same manner as state and county taxes upon 
real estate are collected. 

§ 14. The board of trustees shall have power to borrow To borrow 
money on the credit of the town, and to issue bonds of the ^o"«y- 
said town and sell the same: Provided, thsLt the amount of 



280 NAMES CHANGED, TOWNS. 18G9 



Tase; 
levied. 



money borrowed and the indebtedness of the incorpora- 
tion on account of money loaned and bonds issued, shall at 
no time exceed five thousand dollars, aDd at a rate of in- 
terest not exeeding ten per cent, per annum : And, pro- 
vided, that no loan or borrowing of money or issuing of 
bonds on account of said incorporation shall at any time be 
made until authorized by a majority vote of the legal vo- 
ters of the corporation, voting by ballot in favor of the 
same at a special election called for that purpose, on at 
least twenty days' previous notice, and speciiying in such 
notice the amount of the proposed loan or bonds, the rate 
of interest and the purposes to which it is designed to ap- 
ply the same; and the same shall not be diverted from such 
use and applied to any other, save to return the sauie or 
any part thereof to the person from whom borrowed 
iv I 15. That the board of trustees shall have power to 
levy, annually, at the first regular meeting of the board 
after their election, or such other time as they may desig- 
nate, and collect taxes for the incorporation, upon all real 
estate within the town and upon all personal property of 
the inhabitants of the town. In making such assessment 
the assessor shall be governed by the laws of this state, di- 
recting the assessing of the property for state and county 
purposes for the time being, as near as may be, and so as 
not to conflict with the provisions of this act. 

Duty of asses- § 16. The assessor, after having made his assessment 
roll, shall deposit the same with the clerk of the board of 
trustees for inspection by any and all persons interested, for 
the space of ten days, posting up notices in four of the 
most public places in said town that said roll is so left for 
"^ inspection, and shall, upon the lapse of said ten days, re- 
turn said roll to the clerk, stating in his return that said 
roll was so deposited and notice thereof posted as aforesaid. 
The clerk shall file and carefully preserve said roll and 
return in his office, and all taxes levied upon real estate are 
declared to be a lien on the real estate upon which they are 
assessed from and after such return until paid. 

Correction of § 17. It shall be the duty of the clerk of the board of 
assessment. trustccs, Within five days thereafter, to post up notices in 
four of the most public places in said town, and also insert 
such notice in a newspaper, should there be one published 
in said town, that at a place and on a day to be therein 
named, not more than two weeks from the return of said 
roll as aforesaid, the board of trustees will meet for the 
purpose of inspecting said assessment, when and where 
it shall be the duty of the board of trustees to meet and 
hear and investigate, under oath of the party complaining, 
to be administered by the clerk of the board, any com- 
plaints that the party complaining is charged with property 
not belonging to him at the time of the assessment, or that 



601- , 



1869 NAMES CHANGED, TOWNS. 287 

his property is assessed too high, and shall, in all such cases, 
so alter and amend, or not, said roll as to them shall seem 
just : Provided, however, that if a regular meeting of the 
board of trustees will happen at any time within three 
weeks after the tiling of snch roll, then it shall not be necessa- 
ry to have a special meeting convened as above, but the 
matters specified in this section may be acted upon at such 
regular meeting. 

§ 18. After such assessment roll shall have been before warrant for 
the board of trustees for its action thereon, as above pro- c""®'^''^''- 
vided for, and after making such alterations therein as they 
may deem necessary under the preceding section, it shall 
then be the duty of the board to cause a warrant to be is- 
sued, under the seal of the incorporation, directed to the 
town constable, with a copy of such assessment roll at- 
tached, commanding him to proceed and collect the same 
within ninety days after the date thereof; and in the collec- 
tion thereof the said town constable is vested with the same 
powers, and to be exercised, in all respects, in +he same 
manner as collectors of taxes are in and by the act to pro- 
vide for township organization so tar as the same shall be 
applicable. 

§ 19. It shall be the duty of the town constable to pay Duty of town 
into the treasury of the town all moneys collected by him, '^°^ ^ 
deducting his per centage, from time to time, as fast as col- 
lected, and to make return on his warrant to the clerk of 
the board of trustees, within ten days after the return day 
thereof, under oath, to be thereon certified, showing, first, 
the amount of money collected by him ; second, the taxos 
on personal and real estate that he cannot collect for the 
want of any goods and chattels within the town belonging 
to the persons therewith charged, out of which the same 
might 136 levied and made, stating specifically as in the 
warrant, and making separate return of the persons and of 
the real estate upon which taxes remain unpaid. The town 
constable, with his sureties, shall be liable for all taxes that 
by the use of due diligence he might have collected and 
shall fail so to do. The town constable, and any constable 
of Cook county, are hereby empowered to execute all pro- 
cesses and orders issued or made by the president of the 
board of trustees or any justice of the peace of the said 
town ; and are further empowered to arrest, with or with- 
out process, any and all persons who are known to have 
violated any ordinance or by-law of said town, or commit- 
ted riotous, disorderly or uncivil act, or who, from appear- 
ance or ;;ction, may cause suspicion of intention to do a 
wrong act, and take such person or persons before a justice 
of the peace to be tried for such ofi'ense. 

§ 20. It shall be the duty of the town clerk to file in Duty of town 
the oflice of the circuit court of said Cook county, a copy, '^^^^^- 



maae 



288 NAMES CHANGED, TOWN^. 1869 

certified under the corporate seal of the incorporation, of 
the return of the town constable showing the real estate 
upon which taxes remain unpaid, at least five days before 
the first daj of the next term of said court, which shall be 
holden after the return of said warrant, and filing the same 
in his ofiice, and shall cause a notice of an application to 
be made to the said circuit court for an order to sell the 
same for non-pajment of said taxes and costs, and the time 
and place of such sale under such order, to be published 
in the same manner as required by law for the time being 
for sale of real estate for non-payment of state and county 
taxes ; and the circuit court shall thereupon proceed to dis- 
pose of the matter in the manner and as required by said 
laws. 
ssies, how § 21. The town constable shall make the sale under 
the order of the court provided for in the above section ; 
and the town clerk shall keep a record of such sale, file the 
same iu his office in a book to be provided for that purpose, 
issue certificates to the purchasers thereof ; and said otficers 
shall, in all things in and about said sale, comply, as near 
as may be, with the provisions of the laws for the time 
being, directing sales of lands for non-payment of state 
and county taxes. 
^ Redemption g 22. When any real estate in said town shall be sold, 

o.piopeny. ^^ .^ herein provided, for non-payment of taxes, the same 
shall be subject to redemption by any person interested 
therein, within two years after the same shall have been 
sold, on paying to the clerk ot the incorporation double the 
amount for wiiich the same may have been sold, and all 
taxes assessed for corporation purposes, which may have 
been paid by the purchaser at such sale, since such sale, 
with legal interest thereon from the time of such payment 
to the time of such redemption ; and thereupon the clerk of 
the board of trustees shall make out to the person so re- 
deeming a certificate, under his hand and the seal of the 
incorporation, specifying the lands redeemed, the time of 
redemption, the moneys paid and by whom, which shall be 
prima facie evidence, in all courts whatsoever, of the facts 
therein stated. The clerk sha^U pay such moneys to the 
treasurer of the town, taking and tiling his receipt therefor, 
and the treasurer shall deposit the same in the town treasu- 
ry for the use of the purchaser at such sale, to be paid out 
to him or his assigns on demand therefor and receipt 
given. 
Taxes and § 23. Taxcs and all costs made thereon may be paid at 

paid before sale any time to the town constable before the sale of the land 
for non-payment thereof. 

Tax deeds. § 24. lu case any real estate sold under the provisions 

of this act shall be and remain unredeemed, as above pro- 
vided, at the expiration of two years from the date of such 



18G9 NAMES CHANGED, TOWNS. 289 

sale, a deed shall be made out and signed by the president 
and countersigned by the clerk of the board of trustees, 
under the seal of the incorporation, and duly acknowledged 
by said officers, conveying the land to the purchasers or 
his assigns, his or their heirs and assigns, upon proof of 
such notice to the owner of the land as is required by the 
constitution and laws of this state of the sale of land for 
non-payment of taxes. 

§ 25.' Officers acting under this act of incorporation in Fees allowed 
the sale of lands for non-payment of taxes, and in all pro- ^>''^«^'«o"^'i^- 
ceedings precedent and consequent to the order to sell the 
same, shall be entitled to the same fees as shall be allowed 
by law for similar services under the revenue laws of this 
state, and the same shall be a charge upon land taxed and 
included in the order of the court directing such sale, as is 
provided in said laws. 

§ 26. The board of trustees may have power, for the street labor, 
purpose of keeping in repair the streets and alleys and 
public squares of said town, to require every male inhabi- 
tant of said town, over the age of twenty-one years, to 
labor on said streets, alleys and public squares, not exceed- 
ing three days in each year ; and any persons failing to 
perform such labor, when duly notified, shall forfeit and 
pay the sum of one dollar and a half to said town for each 
day so neglected or refused. 

§ 27. Lands and property in said incorporation shall Exempfion. 
not be liable for road taxes under the general laws of the 
state on that subject. 

§ 28. The board of trustees shall have authority and Dutyoftreas- 
power to prescribe the manner in which the treasurer shall ^^"^^ 
keep the accounts and vouchers of his office, and also the 
manner in which the clerk shall keep the records, books 
and papers of the town, and to examine such books, papers, 
vouchers and accounts, from time to time, as they may 
think best ; and to provide for the care, custody and pre- 
servation of the public property, records, books and papers 
of the town, and to insure the same. 

§ 20. The board of trustees may, by ordinance, fix and p^ty ^^ ti,is- 
establish building lines, defining and fixing the distance tees. 
from lines of streets where buildings may be erected or 
located. 

§ 30. No person shall be an incompetent judge, justice, Jurora and 
witness or juror, by reason of being a resident or freeholder ^"^®^*^^' 
in the town of Desplaines, in any action or proceeding in 
which the said town shall be or is a party in interest. 

§ 31. iSTo suit shall be brought against said town except suits. 
in a court of record ; nor shall any writ of execution be 
issued for the collection of any judgment recovered against 
said town within six months after rendering such judg- 
ment 

^3T 



290 



NAMES CHANGED, TOWNS. 



1869 



§ 32. All lines and penalties recovered bj indictment 
or action for any offense committed within the limits of 
said town and which are now required by law to be paid 
in to the county treasurer or to the school commissioner of 
said county, shall, hereafter, be paid in to the town treasurer 
for the use of said town. 

§ 33. All ordinances of the town may be proven by the 
seal of the corporation, and when printed or published in 
book or pamphlet form and purporting^ to be printed by 
authority of the corporation, the same shall be received in 
evidence in all courts and places without further proof. 

§ 34:. All matters and things pertaining to persons and 
property within the limits of this corporation, and not men- 
ti ined or specially provided for in this act, shall be regu- 
lated and governed by the common law of this county and 
state. 

§ 35. This act shall be deemed a public act, and may 
be read in evidence without proof; and judicial notice shall 



Ordinances 
proven. 



To be regu- 
lated by com- 
mon law. 



be taken thereof in all courts and 
effect from and after its passage. 
In force April 15, 1869. 



places, and shall take 



I, Edward Rummel, Secretary of State, do hereby certify that the foregoing act of 
the 26th general assembly, of the state of Ulinois, was filed in the ofllce of the secre- 
tary of Gtate, April 15th, 1869, without signature of the governor ; but by virtue of 
section 21, article 4, of the constitution of this state, the same is now a law, having 
been retained by the governor over ten davs after its reception by him. 

EDWARD RUMMEL, Secretary of State. 



In force March xN ACT to change the name of the town of Sheridan, in McDonough 
^^' ^^'^^- county, to Good Kope. 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
name of the town of Sheridan, in the county of McDon- 
ough, be and the same is hereby changed to Good Hope. 

I 2. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 

Appeoved March 31, 1869. 



18 G9 NAMES CHANGED, TOWNS. 291 



AN ACT to change the name of the town of Sutton to that of Bently, and in force when 
to incorporate the same. voted for. 

Section 1. Be it enacted ly the People of the State of 
Illinois^ represented in the General Assemhly^ That the Name chacged. 
name of the town of Sutton, in Hancock county, be and 
the same is hereby changed to that of Bently. 

§ 2. That the inhabitants of the said town of Bently are ^^^%^ p.°^4"° 
hereby constituted a body politic and corporate, by the 
name and style of "The President and Trustees of the ^^'^^'^'^'^ style. 
Town of Bently ;" and by that name and style shall have 
perpetual succession, and have and use a common seal, 
which they may change and alter at pleasure, and in whom 
the government of the corporation shall be vested, and by 
whom its affairs shall be managed. 

§ o. The inhabitants of said town, by the name and May hold real 
style aforesaid, may sue and be sued, implead and be im- ^^^^*®" 
pleaded, defend and be defended, in all courts of law or 
equity, and in all actions whatever ; and purchase, receive 
and hold property, real and personal, within and beyond 
the limits of said town, for burial grounds and other pur- 
poses, for the use of the inhabitants of said town, and may sell, 
lease or dispose of property for the benefit of said town, 
and improve and protect such property, and do all things in 
relation thereto as natural persons. 

§ 4. That the boundaries of said town corporation shall Boundaries. 
be as follows, to- wit : Beginning at the northeast corner 
of the southeast quarter of section eight (8), in township 
four (4) north, range six (6) west of the fourth (4th) princi- 
pal meridian, thence south one mile, thence west one mile, 
thence north one mile, -thence east one mile to the place of 
beginning ; and all the land within said limits shall be con- 
sidered as the town of Bently. 

§ 5. That there shall, on the first Monday of May next, Trustees. 
and on the first Monday in May thereafter, annually, be 
elected five trustees for said town, who shall hold their 
ofiices for one year, and until their successors are elected and 
qualified ; and notice of the time and place of the first elec- Notice of elec- 
tion shall be given by an acting justice of the peace and ^■°"- 
any eight legal voters of said town, by posting up at least 
four notices in the most public places in said town, or by 
publishing the same in any newspaper published in the 
place, at least ten days before the time of holding the sam^e ; 
and annually thereafter, notices of election shall be given 
by the president and trustees, by publication in a newspa- 
per, if any shall be published in said town, or by posting 
up four notices in public places in said town, giving the tiouof 

same time of notice as aforesaid. No person shall be elected trustees!^ 
trustee in said town who shall not be entitled to vote for 
state and county ojGBcers, and who shall not have been, for 



292 



KAMES CHANGED, TOWNS. 



1869 



Who may vote. 



Duties of trui 
fee?. 



Power of trns 
tees. 



one year previous to such election, a hona fide resident 
within the incorporated limits of said town, and shall have 
paid taxes within the same. 

§ 0. That at any election for trustees, every person who 
shall be qualified to vote for state officers, and who shall 
have a residence, for six mouths previous to such election, 
within tlie limits of said corporation, may enjoy the light 
of an elector. 

§ 7, That the trustees shall elect one of their number 
president, and shall be judges of the elections and returns 
of their own members, a majority of whom shall constitute 
a quorum to do business, but a smaller number may adjourn 
from day to day and compel the attendance of absent mem- 
bers in such manner and under such penalties as they may 
provide; and punish their members for disorderly conduct, 
and, by vote of three-fourths of their whole number elected, 
expel a member ; and make such otlier rules and regula- 
tion for their governnient as to them may seem proper and 
expedient, and shall have power to fill any vacancyUn the 
board of the trustees occasioned by death, resignation, con- 
tinued absence from town for three months, or other- 
wise. 

§ 8. The president and trustees of said town shall have 
power to cause all the streets, alleys and public roads with- 
in the limits of said town to be keptin good repair; and to 
this end, they shall require every male resident of said 
town, over the age of twenty-one years, to labor on the 
same not exceeding three days in each and every year, and 
if such labor be insufficient for that purpose, to appropriate 
so much from the general fund of the corporation as they 
shall deem necessary therefor. 

■Second. — To levy and collect taxes upon all property, 
real and personal, within the limits of said corporation, not 
exceeding one-half of one per cent, per annum upon the 
assessed valuation thereof, and may enforce the payment 
thereof in any manner to be prescribed by ordinance, not 
repugnant to the constitution of the United States and of 
of this state ; but until they provide by ordinance for enforc- 
ing the payment thereof, they shall be collected in the man- 
ner provided in the ninth section of an act entitled "An act 
to incorporate towns and cities," approved February 10, 
1849, for the collection of other corporation taxes. 
Knimiiig at TJiird. — To restrain, regulate and prohibit the running 
ancf catae!'°™^ ^^ large of cattle, horses, sheep, swine, goats and other 
animals, and to authorize the distraining, impounding and 
sale of the same ; and to prohibit any indecent exhibition 
of horses and other animals. 

Fourth. — To prevent and regulate the running at large 
of dogs, and authorizing the destruction of the same when 
at large contrary to any ordinance. 



Provision 
act to app!y. 



Dogs. 



1869 NA51E8 CHANGED, TOWNS. 29i 

Fifth.— "Y^o regulate and prohibit any indecent exposure pj^lre?"""" ^^ 
of persons. 

Sixth.-^o prevent liorse racing or any immoderate ^^.l^^^^^: an 
riding or driving within the limits of said town of horses or ""''■°- 
other animals ; to prohibit the abuse of animals ; to com- 
pel persons to fasten their horses or other animals attached 
to vehicles or otherwise, while standing or remaining in 
any street, alley, public square, vacant lot or public road in 
said town. 



Seventh. — To establish and maintain a public pound 



Poxind master. 



and appoint a pound master and prescribe his duties. 

Eighth. — To restrain and proliibit all description of Gambling. 
gambling and fraudulent abuse?, and to suppress and pro- 
hibit billiard tables, ball alleys and all other gambling 
establishments, and ail lotteries and sale of lottery tickets. 

Ninth. — To suppress and prohibit disorderly houses or ^^nonsesof ni- 
groceries, and houses of ill-fame. 

Tenth. — To license, regulate, suppress and prohibit all shows, etc. 
exhibition of common showmen, shows of every kind, cara- 
vans, circuses and exhibitions and amusements. 

Eleventh. — To prevent, suppress and prohibit any riot, mot acci affray 
affray, disturbance of the peace by loud and unusual voices 
or any disorderly conduct, disorderly assemblages, assaults, 
assaults and batteries, firing of squibs, rockets, guns or 
other combustibles or fire arms within the limits of said 
town. 

Twelfth. — To abate and renjove nuisances, and to punish Nuisance?. 
the authors thereof, and to define and declare what shall be 
deemed nuisances. 

Thirteenth. — -To make regulations to prevent the intro- ^^j^g^^gg-'"^^ 
duction of contagious disease into the town, and execute 
the game, for any disease, not exceeding one mile from the 
limits thereof. 

Fourteenth. — To regulate the storage of gunpowder and Gimpowder. 
other combustible materials ; to provide for the prevention 
and extinguishment of fires, and to organize and establish 
fire companies ; to provide the town with water for the 
extinguishment of fires and for the convenience of the in- 
habitants. 

Fifteenth. — To provide for the inclosing, improving and PnWicgronnds. 
regulating all public grounds or other lands belonging to 
said town. 

Sixteenth. — To open, alter, vacate and widen, extend, street.?, etc 
establish, grade, pave or otherwise improve any streets, 
avenues, lanes, alleys or sidewalks within the limits of said 
town. 

Seventeenth.— "Yo provide for the erection of all needful jj^^^^^^"^ ^""'^■ 
buildings for the use of said town. 

Eighteenth. — To make all necessary regulations to secure Health. 
the general health of the inhabitants thereof. 



294 



NAMES CHANGED, TOWNS. 



1869 



Spiiituous 
liquors. 



Dnty snd pow 

ers. 



Po-n-er 
president 
trustees. 



Fines 
penalties. 



Officers 
pointed. 



Nineteenth. — To suppress and prohibit the selling, bar- 
tering;, exchanging and trafficking in wines, gin, rum, 
brandy and whisky, beer or other intoxicating beverages 
within the limits of said town : Provided., that they may 
allow druggists to sell the same, in good faith, for purely 
medicinal, mechanical or sacraraental purposes, but for no 
other purposes. 

Tioentieth. — To appropriate and provide fur the payment 
of any debts and expenses of the town, and to fix the 
compensation of town officers. 

T'Lve7ity -first. — To make all ordinances which shall be nec- 
essary and proper for carrying into execution the power spe- 
cified in this act, or which they may deem necessary or ex- 
pedient for the better regulation of the internal police of said 
town and to execute the same ; and to impose fines, for- 
feitures, and penalties, for the breach of any ordinance or 
any of the provisions of this act, and to provide for the re- 
covery and appropriation of such fines and forfeitures and 
the enforcement of such penalties : Provided, that in no 
case, except for assaults, assaults and batteries, riot, and 

5- affrays, shall any such fine exceed the sum of twenty-five 
dollars for any offense. 

§ 9. That at the election in said town, to be held on 
the first Monday of May next, there shall be elected, in ad- 
dition to the officers whose election is already provided for 
by this act, one police magistrate, to be elected and quali- 
fied as provided by an act entitled "An act for the better 
government of towns and cities, and to amend the charters 
thereof," approved February 27, 1851 ; and all the provi- 
sions of said act are hereby declared applicable to the offi- 
cers whose election is herein provided for. 

^^of § 10. That the president and trustees of said town shall 
have power to appoint a town constable for said town, 
whose duty it shall be, when so appointed and sworn into 
office, to execute any vrrit, process or precept, anywhere, 
which may be issued against any person or persons for the 
violation of any ordinance or by-laws of said corporation 
or any of the provisions of this act, and to arrest or receive 
any and all persons who may violate the same and take 
them before any justice of the peace of said town, and to 

and collect all fines, forfeitures and penalties which may be as- 
sessed or recovered for the use of said town, and to perform 
any and all other duties which are now and shall hereafter 
be prescribed by any general statute of the state, to be 
done by constables anywhere in Hancock county : Pro- 
vided, that any other constable of the county may execute 
any process issued by any justice of the peace by virtue of 

^P" this act ; also to appoint a clerk, treasurer, street commis- 
sioner, board of health, and all other officers that may be 
necessary, and to prescribe their duties, and may require 



1809 NAMES CHANGBD, TOWNS. 295 

bonds from the several officers for the faithful discharge of 
their duties. 

§ 12. The president and trustees shall require their Duty of cierk. 
clerk and it shall be his duty to make and keep a full and 
faithful record of all their proceedings, by laws and ordi- ordinances, 
nances, and of the time, manner and place of publication ^^"^ p^itiiished. 
of such by-laws and ordinances, in a book to be provided 
for that purpose ; and such book, purporting to be the rec- 
ords of the corporation of the town of Bently, shall be re- 
ceived in all courts without further proof, as evidence of all 
matter therein contained ; and all ordinances, before taking 
effect, shall be published at least ten days in a newspaper 
in said town, or by posting up printed copies of the same 
in at least four of the most public places in the town. 

§ 12. Any fine, penalty or forfeiture incurred under jurisdiction, 
this act, or any by-law or ordinance made in pursuance of 
this act, or of any act that may be passed amendatory of 
this act, may be recovered, together with the costs, before 
any justice of the peace, in the corporate name, and the 
several fines, forf^tures or penalties for the breaches of 
the same ordinance or by-laws, not exceeding one hundred 
dollars, may be recovered in one suit; and the first process 
shall be a summons, unless oath or affirmation be made for 
a warrant by some creditable person, but in all cases of 
assaults, assaults and batteries, affrays and riots, a warrant 
shall issue for the arrest of the offender in the same man- 
ner as for like offenses against the laws of the state. It 
shall be lawful to declare, generally, in debt for such fines, 
penalties and forfeitures, stating the clause of the act or 
the ordinance or by-law under which the same are claimed, 
and to give the special matter, in evidence, under the dec- 
laration, and the justice shall proceed to hear and deter- 
mine the cause as in other cases. Upon the rendition of 
judgment for any such fine or fines, penalties or forfeitures, 
the justice shall issue his executions for the same and cost Duty of justice, 
of suit, which may be levied upon any of the personal 
property of the defendant or defendants not exempt from 
execution. If the constable shall return, upon such execu- 
tion, "no property found," the justice shall issue a cccpias 
against the body of the defendant or defendants, and the 
constable shall arrest such person or persons and commit 
him, her or them to the county jail of the county, there to 
remain forty-eight hours, and if the judgment and costs 
exceed five dollars then to remain in close custody in said 
county jail twenty-four hours for every two dollars over 
and above the said five dollars, and so in proportion to the 
amount of the said judgment and costs : Provided^ hovj- 
ever, if the said president and trustees, or their attorney, shall 
require a transcript of the judgment and costs to be certi- Transcript to 
fied to the clerk of the circuit court of the proper county, ^^'^'^^^ '^'^^^^- 



'.96 NAMKS CHANGED, TOWNS. 1809 



to have the same levied upon real property and sio^nify 
the same, in writing, to him, he shall not issue a capias, 
as aforesaid, but shall, without delay, certify a transcript 
thereof, and of all the proceedings, according to law, to 
such clerk, which shall be filed and recorded as in other 
cases ; and such judgment shall have the same force and 
effect as judgments rendered in said circuit court : I^/'o- 
vided, an appeal may be granted within five days after 
Kights and the rendition of judgment with the same force and eftect, 

privueges. nglits and privileges to all parties as in other cases. 
Fees of con- § 13. Any constablc who may render services under 
this act shall be entitled to the same fees and collect them 
in the same manner as now is, or hereafter may be re- 
quired by law, in other cases : Provided, that the presi- 
dent and trustees may allow such further compensation as 
to them may seem just and proper. 
Security for § 14. The president and trustees shall not be required, 

*^°'''*^' in suits instituted under this act, or ordinance passed by 

virtue thereof, to file before the commencement of ar.y 
such suit any security for costs. 

tr^BMCT^''^'^ *° § 15. All fines, forfeitures and penalties, received or 
collected for the breach of any ordinance, or this act, shall 
be paid in to the treasurer of said corporation by the ofliccr 
or person receiving or collecting the same. 

Exemption | 16. The inhabitants of said town are hereby exempt- 

ed from working on any road beyond the limits of the cor- 
poration, and from paying any tax upon property wnthin 
its limits to procure laborers to work upon such roads. 
Vote for or § IT. This act is hereby declared to be a public act, 

against act. ^^^^ .^^.^^ ^^ read, in evidence, in all courts of the law or 
equity within this state, without proof: jProvided, that the 
inhabitants, legal voters, who reside within the proposed 
corporate limits, shall, before this act goes into eftect, hold 
an election and vote for or against said charter ; which 
Place of eiec- election shall be held within the proposed corporate limits, 
at the usual place of holding election, twenty days' notice 
being given by posting up notices of such election in at 
least ten public places in difierent parts of said proposed 
corporate limits and in the newspapers published in the 
town of Bently. If there shall be a majority of the legal 
voters voting ibr the incorporation of the town of Bently, 
When to take then this act shall go into eftect and be in force ; said elec- 
tion to be conducted, in all respects, as general elections 
are conducted. The supervisor, collector and assessor of 
the town of Bently shall be judges of said election, and 
shall count the votes and declare the result of said election. 
Notice of sii- It is hereby made the duty of the supervisor to give such 

per SOI. notice as is hereby provided for. 

Appkoyed March 25, 1869, 



1869 NAMES CHANGED, TOWNS —NORMAL UNIVERSITY, 297 



AN ACT to change the name of the town of Wiona, in the county of Bu- In force March 



reau, to Maiden. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemhly, That the name 
of the town of Wiona, in the county of Bureau, be and the 
same is hereby chanojed to Maiden ; and that all deeds, 
bonds, mortgages and instruments of writing, of every de- 
scription, heretofore made or executed, in which the name 
Maiden is used instead of Wiona, shall have the same force 
and efi'ect as if the name Wiona had been used in the same, 
instead of Maiden. 

§ 2. This act shall be a public act, and be in force from 
and after its passage. 

Approved March 26, 1869. 



26, 1869. 



NORMAL UNIVERSITY, SOUTHERN. 



AN ACT to authorize cities and toAvns in southern Illinois to issue bonds In force April 



in aid of the Southern Illinois Normal University. 



Section 1. Beit enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
city council of cities, and the board of trustees of incorpo- MayiBsuebonds 
porated towns in Southern Illinois, within the limits desig- 
nated for the location of the Southern Illinois Kormal Uni- 
versity, are hereby authorized and empowered in each of 
said cities and towns to issue bonds in such amounts as 
said city council or board of trustees may determine upon 
by ordinance, not exceeding one hundred and fifty thousand 
dollars, payable in not less than five years, nor in more 
than twenty years, and bearing seven per cent, interest per 
annum ; which said bonds, or the proceeds arising from the 
sale thereof, to be used by said city council, or board of trus- 
tees, in aid of the Southern Illinois Normal University, if 
the same is located at any such city or town issuing said 
bonds. 

§ 2. A tax upon all the taxable property listed for taxa- ^^lJ°^ P'''^'- 
tion in said city or town shall annually be'levied to pay the 
interest and principal on such bonds as may be issued under 
the provisions of this act ; which tax, when collected, shall 
be deemed a special fund, and shall be used for no purpose 

--38 



university. 



298 NORMAL UNIVERSITY, SOUTHERN. 1869 

other thau the payment of said principal and interest. Said 
tax shall be assessed and collected in said city or town in 
the same manner [as] taxes are assessed and collected in such 
city or town for corporation purposes. 
Election to § 3. Before any such bonds shall be issued, as provided 
authome issue, f^j, ^^ ^j^-g ^^^ ^^ election shall be first had in any such city 
or town as the people thereof may desire to avail themselves 
of the provisions of this act, to determine whether such 
bonds shall be issued. Notice shall be given of said elec- 
tion, by said council or board of trustees, at least ten days 
before said election, by posting notices in at least three pub- 
lic places in said city or town, specifying tlie time and place 
of said election, and the amount and duration of said bonds. 
Such election shall be conducted as general elections, and 
only those shall vote as are quahfied by the general election 
laws of the state. All tickets shall be prepared with the 
words "For the loan" or "Against the loan ; " and no bonds 
shall be issued or tax assessed unless a majority of the votes 
cast be for the loan. 'No registry of voters is required to be 
taken before any such election. 
Location of § 4. The mayor and city council of any such city, or 
the president and board of trustees of any such town, are 
hereby empowered to contract with the board of trus- 
tees of said university in regard to all matters pertaining 
to the location of said university, and are hereby made 
and constituted a body corporate for the purpose of thus 
contracting and doing and performing all other acts, and 
passing all needful ordinances, not in conflict with the 
laws of this state or the United States, necessary to carry 
into effect the provisions of this bill. 
DnQuoin to § 5. For the purpose of securing to the city of DuQuoin, 
old election. -^^ ^i^^ county of Perry, said university, the city council of 
said city of DuQuoin thereof are hereby authorized and 
empowered to pass an ordinance submitting to the voters 
of said city of DuQuoin the question of donating the city 
park for the building of said university thereon — said ordi- 
nance stating that on a certain day therein named, not less 
than ten days from the passage thereof, a vote of the inhabi- 
tants of said city, who are entitled to vote therein in ac- 
cordance with the last March annual registration list of said 
city, will be had, to decide whether said park shall be 
donated for the purposes aforesaid. 
Election, man- § 6. Said vote in said city of DuQuoin, as provided in 
'^®'" °^' section five, shall be taken by ballot at the place or places 

designated by said ordinance. The tickets shall be pre- 
pared with the words " For ordinance donating park," and 
"Against ordinance donating park," printed or written 
thereon ; and if a majority of Uie votes cast shall be in favor 
of the proposition " For ordinance donating park," then 
such donation shall be made ; otherwise not. 



hold I 



1869 NOKMAJL UNIVERSITY, SOUTHERN. 299 

§ 7. This act shall take effect and be in force from and 
after its passage. 

Approved April 19, 1869. 



NOTARIES PUBLIC. 



AN ACT concerning notaries public. In force April 

19, 1869. 

Section 1. Be it enacted ty the People of the State of 
Illinois, represented in the General Assembly, That no- 
taries public must reside in the respective cities, towns or Duties of no- 
counties for which they shall be or have been appointed, resldenc^?^^'^ 
but may execute the duties of their office at any place 
within the state. 

§ 2. All certificates of acknowledgment heretofore giv- certificate. 
en, or which hereafter may be given by notaries public 
duly commissioned within this state, which appear to have 
been taken within the state, shall be as valid and effectual 
as if the name of the city, town or county for which said 
notary is commissioned were stated in the venue : Provided, 
the place in and for which such notary is commissioned 
otherwise appears in such certificate. 

§ 3. Any person who having been commissioned a no- office vacated 
tary public in and for any city, town or county, who has pP°au ^™°^^^~ 
or shall remove his residence therefrom, shall be held to 
have vacated his office, and shall not, thereafter, exercise 
the same ; and any such person who shall, thereafter, at- 
tempt to execute the duties of such office shall be subject 
to a fine of one hundred dollars for each offense. 

§ 4. This act shall be in force from and after its pas- 
sage. 

Approved April 19, 1869. 



300 OFFIOEES, STATE — PARTNEESHIPS. 1869. 



OFFICERS, STATE. 



In force^ March AN ACT to regulate the publi-hiDg of reports of state officers and other 
3l» ^^^"- persons. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
to^r*e*ort t?^ov- ^^^i'^^^' ^^ public accouiits, the state treasurer, the superin- 
emor annuaUy. tendeut of public instruction, the trustees and directors of 
state institutions, and all other persons who are now re- 
quired, by law, to make reports to the general assembly, 
shall make their reports, annually, on or before the fif- 
teenth day of December, to the governor, instead of to 
the general assembly as heretofore required. 
Governor to g 2. Said peports, and such as are now required to be 
era?^a^semb!y°" made to the govemor, shall be transmitted to the general 
assembly, by the governor, who is hereby authorized to 
cause to be pubhshed, prior to the meeting of the general 
assembly, such reports, or such portion thereof, not to ex- 
ceed three thousand copies, as in his judgment the public 
interest may require, 
mess^ge!^™^"^'^ § ^- The governor is hereby authorized, hereafter, to 
cause to be published not to exceed five thousand copies of 
his message, to the general assembly. 

§ 4r, AH laws, or parts of laws, inconsistent with the 
provisions of this act, are hereby repealed ; and this act 
shall take effect and be in force from and after its pas- 
ge. 
Appboved March 31, 1869. 



PARTNERSHIPS. 



In force March AN ACT to facilitate the settlement of the partnership interest of deceased 
*^i 1^^' persons' estates. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That in 
the case of the death of one partner, the surviving partner 



1869 PARTNERSHIPS. 301 

or partners, his or their representatives, shall proceed to partnef^o'^l 
make a full, true and complete inventory of the estate of inventory. 
the CO partnership within his or their knowledge ; and shall 
also make a full, true and complete list of all the liabilities 
thereof, at the time of the death of the deceased partner. 
He or they shall cause the said estate to be appraised in 
like manner as the individual property of a deceased per- 
son to the probate court. 

§ 2. He or they shall return, under oath, such invento- i,e^^r?Sd- 
ry, list of liabilities and appraisement within sixty days penalty for neg- 
after the death of the co-partner, to the county or circuit 
court of the county of which the deceased was a resident 
at the time of his death ; it the deceased shall have been 
a non-resident, then such return shall be made to the coun- 
ty or circuit court of the county granting administration 
upon the effects of the deceased. Upon neglect or refusal 
to make such return, he or they shall, after citation, be lia- 
ble to attachment. 

§ 3. Such surviving partner or partners shall have the .Duty of snr- 
right to continue in possession of the effects of the partner- '"''^^p '^®'^- 
ship, and settle its business, but shall proceed thereto with- 
out delay, and shall account with the executor or adminis- 
trator, and pay over such balances as may from time to 
be payable to him in the right of his testator or intestate. 
Upon the application of the executor, or administrator, the 
county or circuit court may, whenever it may appear neces- 
sary, order such surviving partner or partners to render an 
account to said county or circuit court ; and in case of 
neglect or refusal may, after citation, compel the rendition 
of such account by attachment. 

§ 4. Upon the committal of waste by the surviving wast^secu- 
partner or partners, the court may, upon proper applica- 
tion, under oath, setting forth specifically the facts and cir- 
cumstances relied on, protect the estate of the deceased 
partner by citing forthwith the surviving partner or part- 
ners to give security for the faithful settlement of the 
affairs of the co-partnership, and for his or their account- 
ing for and paying over to the executor or administrator of 
of the deceased whatever shall be foimd to be due, within 
such time as shall be fixed by the court. The giving of 
such security may be enforced by attachment, or, upon re- 
fusal to give such security, the court may appoint a receiver 
of the partnership property and effects, with like powers 
and duties of receivers in courts of chancery. The costs 
of proceedings, under tuis section, to be paid by the exe- 
cutor or administrator in person, by the estate, or surviving 
partner, or partly by each or either, as the court may order. 

§ 5. This act shall be a public act, and shall be in force 
from and aftej- its passage. 

Approved March 26, 1869. 



302 PATENT EIGHTS. 1869 



PATENT RIGHTS. 



25, 



?e March AN ACT to regulate the sale of patent rights in the state of Illinois, and 
^^^^' prevent frauds connected therewith. 



Section 1. Beit enacted hy the People of the State of 

Illinois, represented in the General Assembly, That from 

Unlawful to and after the passage of this act, it shall be unlawful for 

^thout 'affld^ any person to sell or barter, or offer to sell or barter, in 

vit or proof. aiij couDtj wlthiu the state, any patent right, or any right, 
claimed by such person to be a patent right, without first 
making the affidavit and proof hereinafter provided for. 
Affidavit and § 2. Any person or persons desiring or intending to 

^^'"'^ ■ barter, or sell, any patent right, or any right which such 

person shall claim to be a patent right, shall, before offer- 
ing to sell or barter the same, in any county within this 
state, submit to the clerk of the county court of such coun- 
ty, for his examination, the letters patent, or a duly au- 
thenticated copy thereof, and his authority to sell or bar- 
ter the right so patented ; and shall, at the same time, 
swear or atlirm to an afiidavit before such clerk, stating the 
name and place of residence of the applicant, and, if any 
agent, the name and residence of his or her principal, which 
affidavit shall be tiled and preserved in the office of the 
clerk of the county court in which such application is 
made. And if such clerk be satisfied that the right so in- 
tended to be sold or bartered has been duly patented, and 
that the letters patent have not expired, or been revoked 
or annulled, and that the applicant is duly empowered to 
sell the same within such county, or any township thereof, 
said clerk shall record such affidavit and the letters patent, 
in a book to be kept for this purpose, giving to such appli- 
cant a certificate of this fact under the seal of such court. 
§ 3. Any person to whom such certificate may be is- 
EeqDisites of sucd shall exhibit the same to any person on demand. 

wriueu obhga- g ^^ ^^^ pcrsou who may take any promise or obliga- 
tion, m writing, for which any patent right, or right 
claimed by him or her to be a patent right, shall form the 
whole or any part of the ccmsideration, shall, at the time 
of the taking thereof, insert therein, in the body of the in- 
strument and above the signature thereto, in prominent 
and legible writing or print, the words "Given for a patent 
right ; " and all such obligations or promises, if transferred, 
shall be subject to all defenses as if owned by the original 

Penalty for prOmiseC. 

violation. g 5_ rpj^^^ ^^^ person who shall sell or barter, or offer 

to sell or barter, within this state, or shall take any obliga- 



1869 PATENT EIGHTS — PECAN TOEBER. 303 

tion or promise, in writing, for a patent right without com- 
plying with the requirements of this act, or shall refuse to 
exhibit the certificate as required hereby, shall be deemed 
guilty of an offense, and on conviction thereof, before any 
court of competent jurisdiction, shall pay a fine of not 
more than five hundred dollars, or be imprisoned in the 
jail of the proper county not more than six months, or 
both, at the discretion of the court, and shall, moreover, be 
liable to the party injured, in a civil action, for any damage 
sustained. 

§ 6. The clerk of the county court shall be allowed and cierk-pfees. 
receive, as a fee, for taking and filing such aflidavit^ gi'^iiig 
a certified copy of the same, under the seal of the court, 
and recording the same, together with letters patent, or 
certified copy thereof, the sum of three dollars, to be paid 
by the person making the application. 

§ 7. This act shall take effect and be in force from and 
after its passage. 

Approved March 25, 1869. 



PECAN TIMBER. 



AN ACT for the preservation of pecan timber. In qT'^is^^*'^^ 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly , That every 
person who shall, knowingly and willfully, without color of 
title made in good faith, cut, box, fell, bore or destroy any 
pecan tree, or sapling, standing or growing upon the land 
of any person or corporation, without the license or consent 
of the owner of such land, shall be subject to a fine of not 
less than fifty nor more than one hundred dollars, to be 
collected before any justice of the peace, in the county 
where such person may be found ; one-third of the amount 
to be paid to the prosecuting witness, one-third to the own- 
er of such land, and one-third to the school fund of the 
county. And it is hereby further provided, that in addi- 
tion to the above, any person so felling or destroying any 
such tree, or sapling, shall be subject to indictment and 
punishment, by a fine of not exceeding one hundred dollars, 
or by imprisonment in the county jail for a term of not 
exceeding three months, or both. 



304 PENITENTIARY. 1869 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Appkoved March 27, 1869. 



PENITENTIARY. 



In force March AN ACT to fix the pay aad salaries of certain officers of the peQitentiarv 
31.1869. atJoliet. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
chaplain of the state penitentiary at Joliet shall be, here- 
after, allowed eighteen hundred dollars per annum, for his 
services as chaplain, and for teaching the convicts. 

§ 2. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved March 31, 1869. 



In force March AN ACT in relation to the compensation of the commissioners of the Illi- 
3'*' 1809- nois State Penitentiary. 

Section 1. Be it enacted by the People of the State of 
Illinois, repre^eiited in the General Assembly, That, from 
and after the passage of this act, the salaries of the com- 
missioners of the Illinois State Penitentiary at Joliet shall 
be two thousand dollars each, and that in addition thereto 
said commissioners shall be paid their necessary expenses 
while actually engaged in the duties of their office. 

§ 2. This act shall take effect from and after its 
passage. 



1800 PRINCIPAL AND SUKETY ^PRINTING PAPER, ETC. 305 



PRINCIPAL AND SURETY. 



AN ACT in relation to principal and surety. In force March 

f ^ J ^ 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, rejpresetited in the General Assembly, That when- 
ever the principal maker of a joint note shall depart this 
life, it shall be the duty of the payee or assignee thereof to 
present the same against the estate of decedent, for allow- 
ance, to the proper court, within two years after the grant- 
ing of letters testamentary or of administration on his or 
her estate ; and if said payee or assignee shall fail or neg- 
lect so to do, the surety or sureties on such note shall be 
released from the payment thereof: Provided, that this act 
shall not be so construed as to release any surety or sure- 
ties from the'payment of the whole or any part of such debt 
that may remain unpaid after the estate of the decedent is 
fully administered, nor to prevent the holder of such notes 
from proceeding against the surety or sureties at any time 
before the expiration of two years after the granting of let- 
ters testamentary or administration upon said estate. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 4, 1869. 



PRINTING PAPER, ETC. 



AN ACT in relation to contracts for printing paper and stationery for the In forca March 

use of the state. 20. 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That it shall 
be the duty of the secretary of state, three months before fJr^proJ^sSI!'*" 
the meeting of each and every general assembly, to cause 
an advertisement, inviting proposals to furnish printing 
paper and stationery for the use of the state, to be pub- 
lished three weeks in the newspapers printed in the city of 
Springfield, and in some daily newspaper printed in each 
—39 



306 PRINTINO PAPEK, ETC. 



of the following cities, to-wit : Chicago, St. Louis, Cleve- 
land, Cincinnati, New York, Philadelphia and Boston; the 
last insertion of such advertisement to be at least one 
month previous to the time appointed for receiving such 
proposals. Said advertisements shall specify the quantity, 
size and quality of the paper which will be required for the 
public printing, and the articles of stationery necessary for 
the use of the state, designating the amount of each par- 
ticular article required, the time and place of delivering the 
same, and the time when and the place where sealed pro- 
posals shall be received for furnishing the same. 
Opening of § 2. At the time designated in said advertisement for 

proposals. opening such proposals, the secretary of state shall proceed 
to open the same in the presence of the governor, auditor 
and treasurer, or any two of them, and such other persons 
as may desire to witness the same, which said officers, or 
■any three of them, shall then and there award the contract 
to the lowest responsible bidder or bidders. Each person 
or firm who shall present a bid to the secretary of state, 
shall inclosfe in the same envelope with said bid a good and 
sufficient bond, approved by the governor, in the penalty 
of twenty thousand dollars, conditioned that he or they will 
faithfully furnish and deliver the said paper and stationery, 
in kind, quality and quantity at the times, places and upon 
the terms mentioned in said advertisement, which said 
bond shall be filed in the office of the secretary of state. 
Inspection of § 3. The auditor and secretary of state shall cause all 

^^^^^' paper and stationery delivered under such contracts to be 

duly inspected upon its delivery, and shall reject all that 
is not equal to the sample or samples upon which said con- 
tracts were awarded, in kind, quality and weight. Upon 
the delivery of such paper or stationery in pursuance of 
and according to the contract, the accounts or bills of such 
contractor or contractors shall be certified by the secretary 
of state and approved by the governor, and thereupon the 
auditor shall draw his warrant upon the treasurer for the 
amount of money to which he shall be entitled therefor. 
Quantity re- § 4:. The quantity of paper to be furnished shall be as- 

qmrsd. certained by adding one-fourth to the quantity used by the 

public printer for the printing of the preceding session, and 
deducting from the whole amount the surplus paper re- 
maining on hand at the time the contract is made. 
Public printer § 5. The secretary of state is hereby required to take a 

to receipt, etc. yg^jgjp^ fj-^j^^ ^}^q public printer for all paper drawn by him 
from the state on account of the public printing ; and im- 
mediately after the printing for any general assembly has 
been completed, and before Jiis accounts for the same shall 
be settled, the quality [?J of the paper used by the public 
printer in executing such printing shall be ascertained, and 
he shall return any surplus paper which he may have re- 



1869 PRIZE FIGHTING. 307 

ceived from the secretary of state, who shall store the same 
for the future use of the state : Provided^ that said printer 
shall hereafter be allowed five per cent, of said paper for 
necessary wastage in performing the printing aforesaid, 
and no more. 

§ 6. All laws or parts of laws in conflict with this act 
are hereby repealed, and this act shall take effect and be in 
force from and after its passage. 

Appko-ved j!klarch 30, 1869. 



PRIZJS FIGHTING. 



AX ACT to prevent prize fighting and sparring or boxing exhibitions. In force March 

Section 1, Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That any 
person who shall send or cause to be sent, published or Penalty for 
otherwise made known, any challenge to tight what is ^'^^ ^ ^" 
commonly known as a prize fight, or shall accept such chal- 
lenge, or who shall engage in such prize tight, or go into 
training preparatory to such tight, or act as trainer for any 
person contemplating a participation in such fight, and any 
person acting as aider or abetter, backer, umpire, trainer, 
second, surgeon, assistant, or reporter at such fight, or in 
preparation for such fight, shall, upon conviction thereof, 
be confined in the penitentiary not less than one year nor 
more than ten years. 

§ '1. Any person who shall be in any way connected ^or connection 
with any sparring or boxing exhibition shall, upon convic- 
tion thereof, be lined not less than one hundred dollars nor 
more than one thousand dollars, and confined in the coun- 
ty jail not less than thirty days nor more than one year. 

§ 3. This act shall be deemed a public act, and be in 
force from and after its passage. 

Appboved March 31, 186^. 



Bell < 
motive. 



808 EAILKOADS. 1869 



RAILROADS. 



In forc9 Feb. AN ACT to amend the riiilroad law. 

27, 1869. 

Section 1. Be it enacted hy the People of the State of 
llhnois^ represented in the Geiitral Assembly^ That sec- 
" tion thirty-eight of an act entitled "An act to provide for a 
general system of railroad corporations," approved No- 
vember 5th, 1849, and any similar provision in any special 
railroad charter heretofore passed, be and the same is here- 
by amended so as to read as follows, viz : A bell of at 
least thirty pounds weight, or a steam whistle, shall be 
placed on each locomotive engine, which shall be rung or 
whistled by the engineer or fireman at the distance of at 
least eighty rods from the place where the railroad crosses 
any public street or highway, and be kept ringing or wiiist- 
ling until such street or highway is reached, under a pen- 
alty of not exceeding one hundred dollars for each neglect, 
one half of which penalty to go to the prosecuting witness, 
and the other half to go to the state ; and the corporation 
owning the railroad shall be liable to any party injured f )r 
all damages sustained by reason of such neglect : Provided^ 
that such penalty shall be sued for within three months 
from the time the cause of action accrues, and not thereaf- 
ter. 
Penalty. § 2. This act shall not apply to suits now pending un- 

der the section hereby amended, except that the penalty 
recoverable in such suits shall be not exceeding one hun- 
dred dollars, instead of fifty as therein provided. 

S 3. This act shall be in force from and after its 



Appkoved February 27, 1869. 



In force March AN ACT to amend an act entitled "An act to provide for a general aystem 
22,1869. of railroad incorporations," approved Novembers, A. D. 1849. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That it 
shall be lawful for any railroad company, organized and 
doing business, or which shall hereafier be organized under 
any law or laws of this state, by resolution of its board of 
directors or executive committee, to divide its board of di- 



1869 RAILROADS. 309 

rectors into three classes, numbered consecutively; the 
term of office of the tirst class to expire on the day of the 
annual election of said company then next eusning, the 
second class one year thereafter, and the third class two 
years thereafter. At each annual election after such classi- 
fication, the stockholders of such company shall elect, for a 
term of three years, a number of directors equal to the 
number in the class whose term expires on the da}^ of such 
election. All other vacancies to be tilled in accordance 
with the by-laws of said company. 

§ 2. This act shall be a public act, and take effect and 
be in force from and after its passage. 



AN ACT concerning railrnad rates for the conveyance of passengers and In force March 
freight in the state of Illinois. ^'^' 1^^^' 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That all jte^^io^easona- 
railroad corporations, organized or doing business in this able rates, 
state, under any act of incorporation or general law of this 
state, now in force, or which may hereafter be enacted, 
shall be and are hereby respectively limited to a jast, rea- 
sonable and uniform rate, fare, toll and compensation for 
the conveyance or transportation of passengers and freight, 
and no more. And all such rules, regulations or by-laws 
of any such railroad corporation as tix, prescribe or estab- 
lish any greater or different rate, fare, toll or compensation 
than is hereinbefore prescribed, are hereby declared to be 
utterly null and void. 

§ 2. The term "railroad corporation," contained in this Railroad cor- 
act, shall be deemed and taken to mean all corporations, ^°^'^ ^°^ 
companies or individuals now owning or operating, or which 
may hereafter own or operate any railroad in tliis state. 

§ 3. It is hereby declared to be the duty of every such printed tariff 
railroad corporation, on or before the twenty-fifth day of pogf"ed!!penaUy 
April next, to fix and publish, by posting and keeping up for failure. 
in some public place in each station house and place where 
the business of such corporation shall be transacted, a 
printed tariff" of such rates charged for the transportation 
of passengers and freight from and to every station on its 
road in this state, so that such rates may be easily ascer- 
tained, together with the name and residence of the otficer 
or officers, agent or employee of such railroad corporation 
by whom and by whose authority the rates therein speci- 
fied were fixed and established, and the name and residence 



310 EAILKOADS. ' 1869 

of the person by whom the same was published. And in 
case any changes shall thereafter, or from time to time, be 
made in their said tariff of rates, the same shall be dis- 
tinctly noted and pablished in the same manner as is above 
in this section provided. And any railroad corporation 
which shall, after the twenty-lifth day of April next, take 
or receive any toll or compensation for the transportation 
of any person or property, without having first published a 
tariff of their rates, as required by this section, shall forfeit 
and pay double the amount of toll or compensation so re- 
ceived, to be recovered in an action of debt in any court 
having jurisdiction thereof, by the person paying the same; 
and all contracts for the transportation of persons or prop- 
erty made after the twenty-fifth day of April next, and be- 
fore the publication of such tariff" of rates, as required by 
this act, shall be void ; and all contracts for a greater rate 
of toll or compensation for the transportation of persons 
and property than is herein permitted and specified by their 
tariff" of rates, shall be null and void, and all moneys paid 
in pursuance of such contract may be recovered back by the 
person or persons paying the same. 
Railroads to § 4. Evcry such railroad corporation shall respectively, 
andtmiformVu on or before the twenty-rifch day of April next, fix and es- 
tablish, and thereafter receive, for the transportation of per- 
sons and property, a reasonable and uniform toll or compen- 
sation, according to tne service actually rendered, so that 
upon each railroad now operated, or which may hereafter 
be operated in this state, the charge or compensation for 
carrying thereon freight and passengers in this state shall 
be reasonable and uniform, and in proportion to the ser- 
vices rendered : Provided^ that this section shall not be con- 
strued to mean that the rate or compensation for transporta- 
tion of persons or property on one of said roads shall be 
the same as charged on any other road ; nor shall any rail- 
road corporation be required to charge the same rates for 
the transportation of difi'erent classes or quantities of 
freight, nor shall any such corporation be required by this 
act to fix the same rates for the transportation of property 
in opposite directions on the same road : And^ ^provided, 
further^ that no railroad corporation shall at any time by 
rebatement, drawback or otherwise, with the intent to evade 
the provisions of this act, directly or indirectly, receive or 
charge for the transportation of persons or property, any 
different rate than the rate fixed by such rules, regulations 
or by-laws : Provided, further, tliat this act shall not be 
construed to prevent said corporation from issuing passes, 
commutation and excursion tickets on their roads at less 
than the established rates for transporting passengers over 
such roads, nor from transporting at reduced rates freight 
and merchandise to and from agricultural and other fairs, 



1869 EAILROADS. 311 

or for the construction of public buildings or public works 
of whatsoever kind : Provided^ further^ that in computing 
distance, the owners or operators of any railroad may, in 
their discretion, calculate the charges from any station by 
the shortest line of railroads by which such freights or pas- 
sengers could be transported, with the same efiect as though 
the same were transported only such shorter distance on 
their road. 

§ 5. Any such railroad corporation may, in addition to Extra rates- 
the rates for the transportation of property permitted by freigtft*^ cars ^iu 
this act, charge and collect a reasonable price or rate tor at- certain cases. 
taching and detaching loaded and empty freight cars, and 
for the use of such cars during the loading and unloading 
thereof: Provided^ that such price or rate shall be uni- 
form at all stations and places on any such railroad : And., 
provided., further^ that such rates shall be published and 
kept posted up in each station house and place in the same 
manner as provided in section three of this act. 

§ 6. Any railroad corporation which shall fix, demand. Forfeiture for 
take or receive from any person or persons any greater toll, '"'^i^''^^'^- 
fare or payment for the transportation of persons or pro- 
perty than is authorized by this act, shall forfeit and pay for 
every such offense any sum not exceeding one thousand 
dollars and costs of suit, including a reasonable attorney's 
fee, to be ascertained on the trial, to be recovered in an 
action of debt, by the party aggrieved, in any court having 
jurisdiction thereof. 

§ 7. Any officer, agent or employee of any such rail- Punishmentof 
road corporation, who shall knowingly or willfully, b^^ any fOTTio?ati'ra.°'^ 
rule, regulation, by-law or order, hx or demand from any 
person or persons for the transportation of any person or 
property any greater toll, fare or payment than is hereinbe- 
fore prescribed in this act, shall be deemed guilty of a mis- 
demeanor, and shall be liable to indictment in any court of 
competent jurisdiction, and on conviction thereof shall be 
punished for each offense by a fine of not less than one 
hundred dollars nor more than one thousand dollars, or by 
imprisonment not less than thirty days nor more than one 
year, or both, in the discretion of the court before which 
such conviction shall be had. And any agent, servant cr 
employee of such railroad corporation who shall demand or 
receive a greater or different rate of compensation for the 
transportation of persons or property than shall be specified 
in the tariff of rates as required to be published by this act, 
shall be liable to the penalties prescribed in this section. 

§ 8. This act shall not be construed nor have the effect ti,™otreieas°d 
to release the Illinois Central Kailroad Company from the 
payment into the treasury of the state of lUinois of the 
per centum on the gross or total proceeds, receipts or in- 



312 KATLROADS. 1869 

comes derived from said road and branches, stipulated in 
the charter of said company. 

§ 9. This act shall be in force from and after its passage. 

Approved March 10, 1869. 



In force March AN" ACT relatine; to fires caused by locomotives. 

29, 1S69. ^ -^ 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That in 
all actions against any person or incorporated company for 
the recovery of damages on account of any injury to any 
property, whether real or personal, occasioned by fire com- 
municated by any locomotive engine while upon or passing 
along any railroad in this state, the fact that such fire was 
so communicated shall be taken as full prima facie evi- 
dence to charge with negligence the corporation, or person 
or persons who shall, at the time of such injury by fire, be 
in the use and occupation of such railroad, either as own- 
ers, lessees or mortgagees, and also those who shall at such 
time have the care and management of such engine; and 
it shall not, in any case, be considered as negligence on the 
part of the owner or occupant of the property injured, that 
he has used the same in the manner, or permitted the same 
to be used or remain in the condition it would have been 
used or remained had no railroad passed through or near 
the property so injured, except in cases of injury to per- 
sonal property which shall be at the time upon the pro- 
perty occupied by such railroad. This act shall not apply 
to injuries already committed. 

§ 2. This act shall take eflect and be in force from and 
after its passage. 

Approved March 29, 1869. 



In force March AN ACT to protect lives and property of persons at railway crossings of 
81, 1863. the public higliways. 

Section 1. Be it enacted ly the People of the State of 

Illinois, represented in the General Assembly, That here- 

Raiiroads to after, at all the railroad crossings of the public highways of 

fn^8afe'"°cS this statc outsidc of the corporate lioiits of the cities and 

"°°- villages, the several railroad companies of this state shall 

erect, construct and maintain the same, and the approaches 



1869 EAILKOADS. 313 

thereto within their respective rights of way, so that at all 
times they shall be sate as to lives of persons and property. 

§ 2, It shall be the duty of the county surveyors of County enr- 
each county in this state, at least once in each year after nmice. ° ^^^ 
the passage of this act, to notify any and all railroad com- 
panies v>dthin their respective counties, byleaviug a written 
notice with any superintendent or any station agent of the 
company, resident of such county, twenty days prior to a 
certain day named, when he will proceed to view and ex- 
amine any and all railroad crossings of the public highways 
in that county upon such railroad, naming the same, for the 
purpose of determining what, if anything, shall be done to 
make any or all of them safe as to the lives of persons and 
l^roperty. 

§ 3. Any such railroad agent in this state that shall re- Effect of uoUce. 
ceive such notice, shall immediately transmit the same to 
the nearest superintendent of such road, whose duty it shall , 
be to transmit the same to the general superintendent; and 
the receiving any such notice by any such superintendent 
or agent from any county surveyor, shall be deemed a suffi- 
cient notice and binding on such railroad company. 

§ 4. When any railroad company shall have receivcvl a Duty of ra-i- 
notice as provided in section three of this act, it shall be the of^noucef^'^^'^ 
duty of said railroad company to direct its chief engineer, 
or any other civil engineer, to meet such county surveyor 
at the time and place named in said notice, and the county 
surveyor and such engineer shall, without unreasonable 
delay, proceed to view and examine all the railroad cross- 
ings of such railroad over the public highways in that 
county, to then and there determine what shall be done at 
any and all crosbings on such highways by the i-ailroad 
company within their rights of way, in order to make them 
safe to life anil prope-ty. 

§ 5. In all cases when the county surveyor and railroad Disagreement, 
engineer can rot agree, thay shall call in any civil engineer 
they may choose, n(jt in the employ of any railroa^l com- 
pany, and in all cases the (iecisiou of the u^ajority of them 
shall be binding on bo»h parties. 

§ 6. The county surveyor and railroad engineer, acting Eoport. 
under the provisions of this act, after viewing and deter- 
mining what shall be done at the various railroad crossings 
and by whom, shall make a report in writing, a copy of 
which rep at shall be tiled with the county clerk of such 
county, and be by him pUiced upon record and laid before 
the board ot* supervisors in counties adopting township 
organization, and the county court in counties not adopting 
township orojanization, and also with such railroad company 
for their information. 

§ 7. In case any railroad company, notified as provided Neglect of 
for in section tivo of this act, neglect or refuse to appear by ^^ov»^ '"^^'■" 
—40 



314 



RAILROADS. 



1869 



Neglect 
flagman. 



an engineer, as provided tor in this act, such coimty sur- 
veyor shall proceed to perform the duties required by sec- 
tion four of this act, and file a written report as required bj 
such section; and any railroad company that siiall refuse or 
neglect for the space of sixty days after receipt • of such 
notice to alter, construct or maintain any or all railroad 
crossings of the public highways, as required of them in 
such report, the board of supervisors or county court, as 
the case may be, shall, without unreasonable delay, cause 
to be made all such alterations and repairs, and to have 
constructed and maintained such improvements upon the 
railroad crossings with the public highw.ays as may be des- 
ignated in the report of the county surveyor, at the cost of 
the railroad company, including the services of the county 
surveyor, at the rate of ten dollars per day for each day so 
employed. 

of § 8. In all cases when the parties named in section four 
of this act shall recomtiiend that a flag man be placed at 
any crossing, it shall be the duty of such railroad company, 
within sixty days thereafter, to place and retain a flagman 
at such crossing, who shall perform the duties usually re- 
quired of flagmen, and such liagmen are hereby empowered 
to stop any and all persons from crossing a railroad track 
when in his opinion there is danger from aj^proaching 
trains ; and any railroad company refusing or neglecting to 
place flagmen as required by this section, shall be liable to 
a flne of one hundred dollars per day for every day they 
shall neglect or refuse so to do ; such fine, when collected 
by due process of law, shall be paid to the proper officer of 
and for the benefit of the school district v^^ithin which such 
railroad crossing is situated. It is hereby made the duty of 
the board of supervisors or county court, as the case may 
be, to enforce the payment of such fities and forfeitures be- 
fore any court of record in the county, and the prosecuting 
attorney shall attend to the prosecution of all such suits as 
directed by said btmrds of supervisors or county court. All 
moneys collected under the provisions of tliis act, shall be 
paid into tlie county treasury, subject to the order of the 
school directors of the district in which any such crossing is 
situated, 

be § 9. The county surveyor shall keep a record of the 
duties performed, and copies of notices served under the 
provisions of this act, and which shall become a part of the 
records of his oilice, and shall be paid by the county a 
reasonable amount for any services rendered under the pro- 
visions of this act, the payment for which is not herein 
designated. 
Neglect of § 10. Any county surveyor refusing or neglecting to 
couiitV surveyor pgi-form in good faith the duties required of him by this act, 
shall be liable to a fine of not less than one hundred dollars, 



Record to 
kept. 



18(31) liAILEOADS. 



315 



nor more than oue thousand dollars for every year he re- 
fuses or neglects to perform such duties, which fines may he 
collected by action in any court of record having jurisdic- 
tion ; and it is hereby made the duty of the prosecutmg 
attorney to enforce the provisions of this section before any 
court of record in such county. In case of neglect or re- 
fusal of the county surveyor to perform such duties, the 
board of supervisors or county court, as the case may be, 
shall, at their first session thereafter, employ some compe- 
tent civil engineer to perform such duties as are herein re- 
quired of the county surveyor, and who shall receive the 
same compensation and be liable to the same penalties 
after accepting the appointment as herein provided. 

§ 11. This act shall be deemed a public act, and shall b^ 
in force from and after its passage. 

Appeoved March 31, 1869. 



A.N ACT relating to fencing railroads and service of process in relation lu force April 
thereto. ^' ^^5^- 

•Section 1. Be it enacted hy the Peojple of the State of 
Illinois, represented in the General Assembly, That when- 
ever a railroad corporation is required by law to fence its ^^^^'^l^'^ ^® 
track or railroad, or to maintain or keep in repair any such 
fence, and shall neglect or refuse to build or repair such 
fence, as the case may be, the owner or occupant of the land 
adjoining such railroad, or over or through which the said 
railroad track shall or may be laid, may give notice in writ- 
ing to such corporation, or the lessee thereof, or the persons 
using such railroad, to build within sixty days said fence, or 
repair within thirty days said fence, as the case may be, 
after the service of such notice. Such notice shall describe 
the land on which such fence is required to be built or re- 
paired, and reference given to this act in said notice for the 
information of said railroad agent to whom the notice is 
given by the provisions of this act. Service of such notice 
may be made by delivering the same to any station agent 
of said corporation or railroad company. 

§ 3. In case the party so notified shall refuse or neglect Failure to repair 
to build or repair the fences on the land described in such 
notice, in accordance with the first section of this act, then 
it shall be lawful for the owner or occupant of such land 
required to be fenced, to build or repair the same, as the 
case may be, and the person so building or repairing socb. 
fence shall be entitled to the value thereof, from such cor - 
porationor party actually occupying or using such railroad 
to be recovered with interest ^t pne per cent, per monj h 



3in KAILllOADS. 1869 

from the time such fence shall have been built or repaired, 
as the case may be^ in any proper action, together with 
costs, fees, and disbursements to be taxed. 
Notice. g 3_ Such notice must be given on some day between 

the first day of March and the first day of October in any 
year. 

§ 4. This act shall take efiect and be in force from and 
after its passage. 

Approved April 5, 1869. 



lu force AprU AN ACT to fund and provide for paying the railroad debts of counties, 
Hi, iS60. townsliips, cities and towns. 

Section 1. JSe it enacfed hy the Feojjle of the State of 
lUinuis^ represented in the General A^sevibly^ Tlsat when- 
Pvefunding of ©ver any county, township, incorporated city or town shall 
state lases. \\2,we Created a debt which still remains unpaid, or shall 
create a debt under the provisions of any law of this state, 
to aid in the eo!>struction of any railway or i ail ways that 
shall be completed within ten years from and after the 
passage of this act, whose line shall run near to, into or 
through said county, township, city or town, it shall be 
lawful tor the state treasurer, and he is hereby required, 
inimediatel}^ upon receiving the reveisue for each year, to 
place to the credit of such county, township, city or town 
so having incurred such indebtedness, in the state treas^ury, 
annually, for and during the term of ten years, all the btate 
taxes collected and paid into the state treasury on the 
increased valuation of the taxable property of said county, 
township, city or town, as shown by the annual assessment 
rolls, over and above the amount of the asssesssment roll 
of the year 1868, excepting the state school tax and the 
two mill tax provided for by the constitution of this state 
for the payment of the state debt. And whenever any 
county, township, city or town shall have created a debt, as 
aforesaid, it shall also be lawful for the collector of taxes, 
and he is hereby required, annually, for and during the 
term of ten years, to pay into the state treasury all the 
taxes Collected for any purpose whatever, on the assessment 
of the railroad or railroads for whose aid the said debt was 
incurred, including the road bed and superstructure, and all 
fixtures and appurtenances thereof, the locomotives, cats, 
machinery and machine shops, depots, and all other pro- 
perty, real and personal, of said i-ailway company, within 
such county, township, city or town; and immediately upon 
receiving the same, the state treasurer shall place to the 
credit of such county, township, city or town, in the state 
treasury, fthe whole amount so received, except the state 



1889 BAILEOADS. 31t 



school tax and the two mill tax provided by the constitution 
of this state for the payment of the sta^e debt ; and it shall 
be the duty of said collector of taxes to furnish the state 
auditor a separate. and detailed account of the amount of 
taxes collected from said railway or railways, at the time of 
his annual settlement with the state auditor. Ana the state 
treasurer shall give to said collector separate receipts sor 
the respective amounts paid into the state treasury to the 
credit of said county; and said receipts shall be taken and 
received by the county court, or other leojal authorities, as 
vouchers for the amount collected on account of the county 
and local assessments on said railroad property, in the 
annual settlement with such collector; and the several 
amounts of money in this section provided and ordered to 
be placed to the credit of such county, township, city or 
town, shall be aj -plied by the state treasurer to the payment 
of the bonded railroad debt of such county, townbhip, city 
or town, as hereinafter provided. 

§ 2. And the county clerk, or other proper officer, upon Eegi-try of 
the issuing of the bonds in payment of said railroad debt, ^^^^'^ ^^ ^^^^^' 
shall make a registration thereof in a book to be kept for 
that purpose in his office, showing the date, amount, num- 
ber, maturity and rate of interest of such bonds, and upon 
the subscription or donation to what railroad the same was 
given. And the said bonds, and bi>nds heretofore issued 
and still unpaid, in order to receive the benefits of this act, 
shall be reu;i6tered by the holder thereof at the office of the 
auditor of public accounts, who shall cause the same to bo 
registered in a book kept for that purpose. Such registra- 
tion shall show the date, amount, number, maturity and 
rate of interest of such bond, under what act and by what 
county, township, city or town issued; and the auditor 
shall, under his seal of office, certify upon such bond the 
fact of such registration, fur which registration and CLTtiii- 
cate the auditor shall be entitled to a fee of one dollar irom 
the holder of each bond. 

§ 3. In all cases, when any county, township, incorpo- Eequirements 
rated city or town shall issue bonds under the provisions of o^ counties, 
law, and to be entitled to the benefits of this act, it shall be 
the duty of the county clerk of such county, or of the offi- 
cer to whom or to whose office the assessment rolls for state 
taxation are or shall be returnable, within five days after 
such returns, to make out and transmit to the state auditor, to 
be filed in his office, a certificate stating the total value of 
all property, real and personal, within such county, town- 
ship, city or town, as exhibited by such assessment. 

§ 4. When the bonds of any county, township, city or interest on 
town shall be so registered, the state auditor shall annually ^o^'^^-'^o^^ p^^'^ 
ascertain the amount of interest for the current year due 
and accrued and to accrue upon such bonds, and from the 



318 KAILROADS. ISG^ 

amount so ascertained he shall deduct the anioiitit in the 
state treasiiiy placed to the credit of such county, township. 

Duty of county citj 01" towu, as herein provided aud directed; and from the 
basis of the certificate of valuation of property heretofore 
provided to be transmitted to him, or, in case no sucli cer- 
tificate shall lie tiled in his office, then upon the basis of tiie 
total assessment of such county, tovpuship, city or town, for 
the year next preceding, he shall estimate aud determine 
the rate per ct'utum on the valuation of property within 
such county, township, city or town, requisite to meet and 
satisfy the amount of interest unprovidea fur, together with 
the ordinary cost to the state of collection and disbursement 
of the same, to be estimated by the auditor and treasurer, 
and shall make and transmit to the county clerk of such 
county, or to the officer or authority whose duty it is or 
shall be to prepare the estimates and books for the collection 
of state taxes in such county, township, city or town, a cer- 
tificate stating such estimated requisite per centum for such 
purpose, to be filed in his office; and the same per centum 
shall thereupon be deemed added to and a part of the per 
centum which is or may be levied or provided by law for 
purposes of state revenue, and shall be so treated by such 
clerk, officer or authority, in making such estimates and 
books for the collection of taxes ; and the said tax shall be 
collected with the state revenue, and all laws relating to 
the state revenue shall apply thereto, except as herein other- 
wise provided. 

a 'f^ef' ^°^ § ^^- "^^^^ ^^'^^^ ^^^'^^^ ^® deemed the custodian only of 
the several taxes so collected and credited to such county, 
township, city or town, and shall not be deemed in any 
manner liable on account of any such bonds; but the tax 
and funds so collected shall be deemed pledged and appro- 
priated to the payment of the interest and principal of the 
registered bonds herein provided for, uuiil fully satisfied. 
The state shall annually collect and apply all the said taxes 
and funds placed to tl^e credit of such county, township, 
city or town, for and during the term of eight years, to the 
payment of the annual interest on such registered bonds 
of such county, township, city or town, in the same manner 
as interest on the bonds of the state is or may be collected 
and paid, but in like moneys as shall be receivable in pay- 
ment of state taxes; and for and during the remainder of 
the term of years during which said registered bonds shall 
remain unpaid, the funds provided in section one of this 
act, accruing from taxes collected on the property of said 
railroad or railroads, and the surplus, if any, of the other 
funds in this act provided, remaining after the payment of 
the interest on the bonds, shall be applied to the payment 
of the principal of said registered bonds, on presentation at 
the state treasury, or the treasurer shall purchase the same 



1869 RAILROADS. 319 

ill open market at not more than par; and upon Bueh pay- 
ment or purchase of the said bonds, the amount- paid upon 
the principal of said bonds shall be indorsed thereon, and 
receipts tberefor shall be taken and iiled in the office of the 
state treasurer ; and the interest coupons or bonds, when 
fully paid, shall be returned to the ofiice of the state treas- 
urer, and shall be canceled and destroyed in the same fuau- 
ner as those appertaining to the state debt. And the fund 
derived from the taxes collected on the increased assessment 
over the year 1868, and the tax levied to meet the interest 
on said registered bonds, shall continue to be anuually 
applied to the interest of said bonds. And the said taxes 
and funds required in this act to be placed to the credit of 
counties, townships, cities and towns, shall be applied by 
the state treasurer to the payment of the registered railroad 
bonds of such county, township, cities or towns, equally 
and without discrimination. 

§ 6. The state may, out of such funds, first retainer ^in case of snr- 
satisfy the ordinary costs of the state of the collection and ^ 
disbursement thereof; and in case of non-presentment of 
any such bonds or interest coupons for payment, at the 
time and place when and where the interest on the state 
debt is or may be paid, then, on the beginning of the next 
year, the money by reason thereof undis])ursed, together 
with any surplus for any cause remaining, shall be carried 
to the fund of such county, township, city or town, of the 
current or ensuing year, and be considered by the auditor 
in making his next estimate for taxation therein for such 
year under this act, and shall be applied accordingly during 
the first eight years of the operation of this act. All laws 
relating to the payment of interest on the state debt, or 
the cancelation of evidences thereof, not inconsistent with 
this act, shall apply to the receipt, custody and disbursement 
of the taxes and funds provided by this act. 

§ Y. And it shall not be lawful to register any bonds Eeqiuremeuts 
under the provisions of this act, or to receive any of the ^{g^try^of bradt 
benefits or advantages to be derived from this act, until 
after the railroad in aid of the construction of wdiich the 
debt was incurred shall have been completed near to or in 
such county, township, city or town, and cars shall have 
run thereon ; and none of the benefits, advantages or pro- 
visions ot this act shall apply to any debt, unless the sub- 
scription or donation creating such debt was first submitted 
to an election of the legal voters of said county, township, 
city or town, under the provisions of the laws of this state, 
and a majority of the legal voters living in said county, 
township, city or town were in favor of such aid, subscrip- 
tion or donation ; and any county, township, city or town 
shall have the right, upon making any subscription or 
donation to any railroad company^ to prescribe the condi- 
tions upon which such bonds, subscriptions or donations 



320 KAlLEOAOg. 1869 

shall be made, and such bonds, subscriptions or donations 
shall not be valid and binding until such conditions prece- 
dent shall have been complied with. And the presiding 
judge of the county court, or the supervisor of the town- 
ship, or the chief executive officer of the city or town, that 
shall have issued bonds to any railway or railways, imme- 
diately upon the completion of the same near to, into or 
through such county, township, city or town, as may have 
been agreed upon, and the running of the cars thereon, 
shall ce'rtify nnder oath that all the preliminary conditions 
in this act required to be done to authorize the registration 
of such bonds, and to entitle them to the benefits of this 
act, have been complied with, and shall transmit the same 
to the state auditor, with a statement of the date, amount, 
number, maturity and rate of interest of such bonds, and 
to what company and under what law issued ; and there- 
upon the said bonds shall be subject to registration by the 
state auditor, as is hereinbefore [provided, 
uepresentative « g. And eacli vailwav compauy in aid of which any 

ofcuuaiiestube , " , , ,. , ,•, i • 11 ^ 1 1 • 

appointed by Douds Shall hcreattcr be issued by any county, townsliip, 
gov«mor. incoiporaied city or town, to pay for any subscription to 

the capital stock of such company, or for any donation 
made to su<h company, shall give to such counties, town- 
ships, cities and towns, collectively, a representation in the 
board of directors of such company of one-fourth of the 
numiier of such board of directors, until after the said 
railway shall have been completed, and the cars shall 
have run thereon, and until all the conditions of the sub- 
scriptions and donations to such railway compan^f, by such 
counties, townships, cities and towns, shall have been fully 
settled and complied with by said railway company ; and 
thereafter the said counties, tovvnships, cities and towns 
shall be represented in said boai'ds of directors only in the 
manner and proportion that other stockholders are lepre- 
sented ; and the governor of the state is hereby authorized 
and empowered to appoint the directors herein provided to 
represent the interests of said counties, townships, cities 
and towns in the boards of directors of such railv.-ays as 
Siiall receive bonds to be entitled to the benehts of this act. 
Duties cff.nai- § 9. And the state auditor, from the total value of all 
^°^- the property in the state, after the same thall have been 

equalized in accordance with the provisions of "An act to 
amend the revenue laws, and to establish a state board of 
equalization of assessments," approved March 8, 1867, 
shall deduct the amount of the said increased valuation of 
of the taxable property above the valuation of the year 
1868, in such counties, townships, incorporated cities and 
towns as may be entitled to the benefits of this act, and 
the taxes upon which are herein directed to be credited to 
counties, townships, cities and towns, and upon the amount 



1869 KAILROADS. 321 

remaining lie shall cause to be collected sucli a per cent, 
as sliall oe sufficient to pay the appropriations and other 
demands upon the treasury due to the end of each fiscal 
year ; and the same per cent, shall also be collected on the 
said increased valuation above the valuation of the year 
186S, and applied as herein provided. 

§ 10. Upon the payment of any such registered bond 
or interest coupons by the county, township, city or town 
issuing the same, and presentation thereof to the state 
auditor, he shall cause due entry thereof to be made in his 
office. 

§ 11. And if the principal and interest of the bonds 
registered under the provisions of this act shall be fully paid 
and canceled at any time before the expiration of the full 
term of tea years, during which the funds provided in sec- 
tion one of this act are to be applied to the credit of such 
county, township, city or town, then the provisicns of this 
act in respect thereto shall cease and determine, and no 
further money derived from said taxes shall be so applied. 

§ 12, The collectors' bonds in counties, townships, cities 
and towns where collections shall be made under the pro- 
visions of this act, shall be increased fifty per centum, and 
collectors in counties not under township organization shall 
pay into the state treasury a suflicient amount of the taxes 
collected in such count}^ to meet the interest to be annually 
paid on such registered bonds, on or before the 20th day of 
June in each year. And there shall be allowed and paid 
to county, township, city and town collectors, for collecting 
and paying over the taxes levied by virtue of this act, the 
following rates of commissions, to be ascertained and com- 
puted in the same manner that commissions for collecting 
and paying over the state taxes are ascertained and com- 
puted, and paid from the taxes so collected, to wit: To 
township, city or town collectors, at the rate of two per 
centum on all sums collected, and to county collectors, at 
the rate of one per cent, on all sums received by them from 
township, city and town collectors, which shall be in full 
for receiving the same and paying it into the state treasury, 
and for adjusting the accounts of and settHng with the 
township, city and town collectors for their collections of 
said tax ; and a commission of three per cent, on all sums by 
themselves collected and paid over into the state treasury. 

§ 13. And this act shall take efl'ect from and after its 
passage. 

This bill having 'beeii returned by the Governor with objection? thereto, and, after 
reconsideration, having passed both houses by a constitutional majoritv. it has become 
a lavr this 16th day of April, A.D. 13t)9. EDWARD RUMMEL, 

Secretary of State. 



41 



3'22 EAILEOADS. 1869 



In force April AN ACT for the collection of railroad taxes in certain counties, cities and 
». 1869. towns. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assernhly, That when- 
ever any raih'oad, or any part thereof, shall be used or 
operated under any lease, contract or arrangement by any 
railroad company or other corporation, person or persons, 
the company, corporation, person or persons so using or 
operating such road shall list, in the manner now provided 
by law in case of railroads, the rolhng stock and personal 
property which may be used upon such road in the counties, 
towns and cities through which such road may run, whether 
such rolling stock belongs to such road or to the company, 
corporation, person or persons using or operating such 
road. And all such rolling stock and personal property 
shall be listed and taxed in the several counties, towns and 
cities, pro rata, in proportion to the length of the main 
track of such road in such county, town or city shall bear 
to the whole length of such road : Provided, that in all 
cases where the rolling stock of any company, corporation, 
person or persons shall be used indiscriminately upon the 
road used or operated as aforesaid, and by and upon its, his 
or their roads in connection therewith, the same shall be 
listed and taxed in the proportion which the combined 
length of the main tracks of said roads in the county, town 
and city through which said line or lines pass, bear to the 
entire combined length of said road. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Appkoved April 9, 1869. 



In force March AN ACT to authorize certain counties and towns therein named to sub- 
^^' 1869. scribe stock in railroad companies. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
May subscribe counties of Kock Island, Mercer, Warren, McDonough, 
foretock. Schuyler, Cass, Scott and Greene, and the several towns in 

Buch of said counties as have adopted township organization, 
be and they and each of them are hereby authorized and 
empowered to purchase or subscribe for shares of the capi- 
tal stock in any railroad company, already organized or 
hereafter to be organized, which passes, in whole or in part, 
through the said counties or towns, or any or either of 



1869 KAELROADS. 323 

them, to such an amount as any of the said counties and 
towns, or either of them, sijall determine and deem best 
and proper ; and the stock so purchased or subscribed for 
shall be under the control of the corporate authorities of 
the county or town making such purchase or subscription 
in ail respects as stock owned by individuals. 

§ 2- Subscriptions to the capital stock of any such rail- Subscriptions. 
road company may be made by an agent, appointed by the 
board of supervisors in counties that have or may adopt 
township organization, by the county court in counties that 
have not adopted township organization, on behalf of said 
counties, and by the town auditors of any town, when such 
subscription is made by a town, upon such terms and con- 
ditions as the corporate authorities of any such county or 
the town authorities of any such town may prescribe; and 
for the payment of such stock, so subscribed or purchased, 
the board of supervisors of such of said counties as have or 
may adopt township organization, the county courts of such 
of said counties as have not adopted township organization, 
and the town auditors of any such towns making such sub- 
scriptions or purchases, are hereby authorized and empow- 
ered to borrow money, at a rate of interest not exceeding 
ten per cent, per annum ; or such counties and towns may 
pay for the same in the bonds, orders or warrants of sucti 
county or town, to be drawn for that purpose, in sums of 
not less than one hundred dollars, to run not exceeding 
twenty years, bearing not exceeding ten per cent, interest 
per annum, payable annually ; and the faith of any such 
county or town shall be pledged for the annual payment of 
the interest upon such bonds, orders or warrants, and for the 
ultimate [payment] of the principal of the same. 

S 3. The railroads already incorporated, or that shall county bonds, 

hxY 1 • ^11-' 1 i? ii • ^ ^ • orders and wur- 

ereatter be mcorporated by any law of this state, passing rants to be re- 
in whole or in part through any of the said counties or '^^^^^'^ ^^ '^"^ 
towns, are hereby authorized to . receive the bonds, orders 
or warrants of any of said counties or towns, in payment of 
the capital stock of such company, at par, in lieu of cash, 
and to dispose of them as they may think proper and best, 
for the purpose of constructing such roads or equipping the 
same. 

§ 4. All such bonds, orders or warrants of any of said How issued, 
counties shall be issued by the clerk of the county court, 
under the seal of his office, upon the order of the county 
authorities, and all such bonds, orders or warrants of any 
such towns shall be issued by the town clerk of such town 
upon the order of the town auditors, and upon issuing any 
such bonds, orders or warrants the county clerk or "town 
clerk, as the case may be, shall make registration thereof 
in a book to be kept for that purpose in his office, showing 
the date, amount, number, time of maturity and rate of in- 



324: RAILROADS. 1869 

terest of sncli bond, order or warrant, and on presentation 
of any such bond, order or warrant issued by any town, 
under this act, at the office of the county clerk, for registra- 
tion, he shall cause the same to be registered in his office 
in a book to be kept for that purpose, and such registration 
shall show the date, amount, numlDcr, time of maturity 
and rate of interest, and by what town the same was is- 
sued ; and such clerk shall certify, under the seal of his 
office, on such bond, order or warrant, whether issued by 
the county or town, the fact of such registration, for which 
he shall receive such fees as shall be allowed by the board 
of supervisors or county court of such county. 
County clerk § 6. Upon the return of the assessor's books, in each 

amounfdi" up" year, to the clerk of the county court, said clerk shall, be- 

on mdebtedness j.-^^^ making out the coUector's books of such county, or of 
the towns of such county, ascertain the amount of princi- 
pal and interest for the current year due and accrued, or to 
become due against such county or any of the said towns, 
upon such county or town registered indebtedness for said 
year, and shall, upon the basis of the said assessment for said 
year, estimate and determine the rate per centum on the 
valuation of the property within said county or town requi- 
site to meet and satisfy the principal and interest so due or 
to become due for such year, together with ordinary costs 
for the collection and disbursement of the same, and the 
said per centum so ascertained by the clerk shall be enter- 
ed and extended by the clerk on the collector's books and 
collected the same as county revenue. 
Disposition of § 6. Said funds, when collected, shall be paid over to 

funds. ^^^ treasurer of the county within which said funds shall 

have been collected, the same as county revenues, and by 
him shall be kept as a separate and distinct fund for the pay- 
ment of said indebtedness ; and upon the presentation to 
said treasurer of any such registered indebtedness, he 
shall pay the amount of principal and interest due for the 
current year out of the funds aforesaid, and cause the same 
to be credited on the bond, order or warrant upon which 
such payment is made. 
Town bonds § 7. It shall be the duty of the town clerk when is- 

to be registered g^jjjg ^ny bouds, orders or warrants, under this act, to pre- 
sent them to the county clerk of the county in which such 
town is, and cause the same to be registered before the 
same are delivered by said town clerk. 

§ 8. Any officer who shall willfully refuse or neglect to 
perform any duty required of him, under this act, shall be 
liable to indictment, and upon conviction shall be removed 
from office and fined in any sum not exceeding one thou- 
sand dollars. 

§ 9. None of said counties or towns shall, under the 
provisions of this act, levy more than one dollar and tifty 



1869 RAILROADS. 325 

cents on each one hundred dollars valuation as assessed for 
any one year. 

§ 10. No subscription to stock shall be made by any of 
the connrie3 or towns -herein mentioned, under the provi- 
sions of this act, unless the same is submitted to a vote of the 
people of snch county or town, as the case may be, and un- 
less the same shall receive a majority of the votes cast upon 
such question at such election ; such question shall be sub- 
mitted in such manner as the county authorities may deter- 
mine as to the county, or as the town auditors may deter- 
mine as to towns. 

§ 11. All elections hereafter to be held in any of the 
counties or towns in relation to subscribing to the capital 
stock of any railroad company, a majority of the votes cast 
at such election shall determine the question thus sub- 
mitted and passed upon — any law heretofore enacted to the 
contrary notwithstanding. 

§ 12. This act shall be deemed and taken as a public 
act, and shall take effect and be in force from and after its 
passage. 

Approved March 25, 1869. 



AN ACT to authorize the incorporated towns and townships in the coun- In force March 



ties of Livingston, LaSalle and Marshall, to subscribe to the capital 
stock of the Hamilton, Lacon and Eastern Railroad Company. 



5 1869. 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That any 
incorporated town or township of any county throu2:h or subscriptions 
near which the Hamilton, Lacon and Eastern Railroad Com- authorized. 
pany may be located, or about to be located, is hereby au- 
thorized and empowered, by a vote of the people of the 
same, to subscribe to the capital stock of said company any 
sum not to exceed one hundred thousand dollars each, 
which vote of the people shall be ascertained by an election 
held in the manner prescribed by and in conformity with 
the provisions of an act entitled "An act to authorize the 
counties of Woodford, LaSalle and Livingston, and the 
townships, cities, and incorporated towns and corporations 
in said counties, to subscribe to the capital stock of any 
railroad company that now is or hereafter may be incorpo- 
rated in the state of Illinois," approved March 6, 18G7. 

§ 2, It :4iall be the duty of the clerk of each township cierktokeep 
which may have or Uiay hereafter subscribe to the capital tfonlg^fgg^ed °^ 
stock to said railroad company, to iscep in duplicate a com- 
plete register of the bonds issued, showing their numbers. 



326 BAILB0AD8. 1869 

amount, date, and rate of interest, and deliver one copy of 
the same to the county clerk of his county. 
Fees of col- § 3. Collectors shall be allowed not to exceed one per 
o„^ cent, on all taxes collected to pay the interest and princi- 
pal of said bonds, and treasurers not to exceed one-lialf of 
one per cent, for receiving and paying out the same. 

§ 4. This shall be deemed a public act, and be in force 
from and after its passage. 
Appjsoved March 5, 1869. 



lectors and 

treasurers 



In force March AJf ACT requiring railroad companies to cut down Canada thistles, and 
29, 1S69. other noxious weeds along their lines of railroad. 

Section 1. Be H enacted hy the People of the State of 
Illinois^ represented in the Oeneral AsserrMy^ That all 
Railroads to Companies, corporations, associations and individuals own- 
da\hStie6?"^^ "^gj controlling or operating any railroad within this state, 
be and they aie hereby required to cut down all Canada 
thistles and other noxious weeds that may, at any time 
hereafter, be growing in or upon the lands belonging or ap 
pertaining to such railroad or over which the right of way 
of such railroad may run, so as to prevent the seed of such 
Canada thistles or other noxious weeds from ripening or 
maturing, and so as to prevent the spread of such Canada 
thistles or other noxious weeds. 
Penalty. § ^- ^'^J such Company, corporation, association or in- 

dividual owning, controlling, or operating any railroad 
within this state, who shall fail or refuse to comply with the 
provisions of the first section of this act, shall, for each 
offense, be fined in the sum of one hundred dollars, such 
tine to be recovered in the name of the people of the state 
of Illinois, before any justice of the peace of the county 
where such offense shall be committed, or before the cir- 
cuit court, in an action of debt,' together with costs of suit ; 
one-half of such tine to be paid to the person who shall 
prosecute the same, and the other half to the school fund 
of the county in which such offense shall be committed. 

§ 3. This act shall be in force from and after its 
passage. 

Appkoved March 29, 1869. 



1S69 EECOEDS, PITBLIC REFORM SCHOOL. 327 



EECORDS, PUBLIC. 



AN ACT to provide for the greater accuracy and safety of the publ u In force March 
records. " 26, 18(i9. 

Section 1. Be it enacted ly the People of the State of 
Illinois^ represented in the General Assembly, That, here- 
after, the copying of the laws, journals, and joint resolu- Laws to be 
tions of each general assembly shall be done under the seoretiry-s™8u- 
personal supervision of the secretary of state, and sucli pervi^ion. 
copies shall be carefully compared ?;ith the original in his 
office before being printed, and in no case shall he permit 
the original to be taken out of his office. 

§ 2. The compensation of the secretary of state for compeDsation. 
such service shall not exceed eight cents for every hundred 
words copied. 

§ 3, Upon presentation of the certificate of the sec- Payment, how 
retary of state, approved by the governor, setting forth the ^^^^' 
amount of copying done by him and the amount of money 
due for such copying to the auditor of state, the said au- 
ditor is hereby authorized and directed to draw his war- 
rant upon the state treasurer for the amount specified in 
said certificate, and the treasurer of state shall pay the 
same out of any moneys not otherwise appropriated. The 
said certificate of the secretary of state, approved by the 
governor, shall be filed in the office of the auditor of 
state. 

§ 4. This act shall be in force from and after its pas- 
sage ; and all acts and parts of acts, inconsistent with this 
act. are hereby repealed. 

Appkoved March 26, 1869. 



REFORM SCHOOL. 



AN ACT to amend an act entitled "An act for the reformation of juvenile iq force June 
offenders and vagrants," approved March 5, 1867. 19, 1S69. 

Section 1. Be it enacted ly the People of the State of 
Illinois, rexjresented in the General Assembly, That sec- 
tion five of said act be so amended that the board of trus- sue. how de- 
tees shall, within four months from the time of their ap- t«i™"»«^ 



328 KEFOKM SCHOOL. 1869 

pointment, proceed to examine aud determine the site for 
♦ the location ot said reform school. 

Department § 2. Be it fuvtheT enacted^ that in case the guardians 
forgir?. Q^- ^^ reform school, of Chicago, shall not consent to re- 

ceive any girl, as provided for in the eighteenth section of 
said act, or if the trustees of said state reform school 
deem it best, in their judgment, they shall be and are 
hereby authorized to provide a department, especially for 
girls, in the said state reform school. 
Appboved March 11, 1869. 



In force April AN ACT to amend an act entitled "An act for the reformation of juvenile 
19, 1809. offenders and vagrants," approved March 5, 1867, and also to amend an 

act amendatory thereto, passed at the regular session of the twenty- 
sixth General Assembly. 

Section 1. Be it enacted hy the Feojjle of the State of 
Illinois^ represented in the General AssemUy, That the 
proviso in the latter clause of section fifteen (15) of the act 
referred to in the title of the act, reading as follows, to-wit: 
"If there be donation to the reform school, they shall re- 
duce the amount to the extent of said donations of land or 
money," be and the same is hereby repealed. 
coiinties,etc., § 2. Any township, county, town or city may make 
any subscription in aid of said school in money, bonds or 
lands, as it may deem proper, for the purpose of securing 
the location within its limits of the said reform school provi- 
ded for in said act. 
Subscriptions, § 3. The Subscription herein provided for, if made by a 
"""'° ° county, shall be made by resolution, to be adopted by a ma- 
jority vote of the board of supervisors of such county at a 
regular or special meeting thereof. If made by a township, 
it shall be by resolution of the supervisors, town clerk aud 
assessor, acting as a board for said township. If by a town, 
by a resolution or ordinance of the board of trustees there- 
of. If by a city, by a resolution or ordinance thereof, 
passed in the usual manner of resolutions or ordinances by 
such town or city : Provided, that no such subscription 
shall be made by any township, town, or city, until the 
proposition to make such subscription shall have been sub- 
mitted to a vote, and adopted by the legal voters of such 
township, town, or city, by a majority of all the votes cast 
at an election to be held for that purpose. On the petition 
of not less than ten legal voters of any township, town, or 
city, it shall be the duty of the aforesaid authorities of said 
township, town, or city, to call an election for the purpose of 
taking such vote, and to fix the time and place of holding 



Repeal 



may subscribe. 



how made. 



1869 BELIEF, COUNTIES. 329 

such election, and appoint the judges thereof, and cause 
notice ot" such election to be given ten days previous to the 
day on which such election shall be held, by publication in 
some newspaper of general circulation, published in the 
county in which said township, town, or city is situated, or 
by posting notices in at least five public places in said town- 
ship, town, or city. The votes cast for such proposition 
shall be "for subscription," and those against shall be 
" against subscription." The laws in force in said town- 
ship, town, or city, in regard to general elections therein, 
together with the penalties therein provided for illegal and 
fraudulent voting, shall apply to the election to be held 
under this act, and the election may be contested as in other 
cases in said township, town, or city. 

ft 4. The township, county, tov/n, or city making any . Principal and 

1 ... , • ^ r ^\ ■ J. • \ 1 ^u • 1 i interest, how 

subscription by virtue of this act, is hereby authorized to paid, 
provide for the payment of the principal and interest of any 
such subscription by tax upon the taxable property of such 
county, township, tov/n, or city, to be ordered by the afore- 
said authorities thereof^ and collected in the same manner 
that other taxes are collected in such county, township, 
town, or city, 

§ 5. No bonds issued by virtue hereof, shall bear a interest limited 
greater rate of interest than ten per centum per annum, or 
be sold at less than par. 

§ G. This act shall take effect and be in force from and 
after its passage. 

Appeoyed April 19, 1869. 



RELIEF, COUNTIES. 



AN ACT for the relief of Alexander countv. In force April 

16, 1869. 

Whereas, the population of Alexander county is only Preamble. 
12,206, as appears by the census of 1865, and "a taxable 
property of only two million four hundred and fifty-six thou- 
sand seven hundred and fifty dollars; and whereas, the 
criminal and pauper expenses of said county, for the last five 
years, have amounted in the aggregate to ninety two thousand 
eight hundred and ninety-one dollars and sixty cents, an 
amount greatly in excess of that borne by any other portion 
of the state, and so large as to nearly wholly exhaust all the 
revenues of said county, so that the county has no means to 
build roads or bridges, or make the necessary improvements, 
—42 



330 RELIEF, COUNTIES. 1869 

and which, owing to the peculiar location of said county, are 
greatl y needed, and will require large expenditures of money ; 
and whereas, it is unreasonable that any people should be 
thus burthened by taxation that does not inure to their 
benefit any more than to other parts of the state ; therefore. 

Section 1. Be it enacted hy the Peoj^le of the State of 
Illinois, reyvesented in the General AssemUy, That the 
be^remitteT'^ <» state taxes collected and to be collected in Alexander county 
for the space of two years from the passage of this act, be 
and the same are hereby appropriated to the said county of 
Alexander, to be used in defraying the criminal and pauper 
expenses of said county : Provided, that an amount not ex- 
ceeding ten per cent, of the taxes so received each year shall 
be applied by said county to the support of the orphan asy- 
lum of the city of Cairo. 

§ 3. The collector of taxes in said county shall collect 
the state taxes of said county in the same manner as now 
provided by lav/, and chall pay them over to the treasurer 
of Alexander county, and take his receipt therefor, which 
receipt shall be a voucher to the collector of said county for 
the amount of state taxes so shown to be collected and paid 
over to the said county treasurer, and shall be allowed a 
credit by the auditor for the amount expressed in such re- 
ceipt or receipts : Frovided, nothing herein shall be so 
construed as to authorize the school tax or the two-mill tax 
collected in said county to be paid over to said county. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

In force April 16, 1869. 

This bill havin!? been returned by the governor with objections thereto, and afte 
reconsideration haviog passed both houses by a constitutional majority, it has become 
a law this 16th day of April, A. D. 1863. 



In force March AN ACT for the relief of DuPasre county. 

10, 1869. ^ •' 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly , That until 
County seat, '^ decree or judgment of a court of competent jurisdiction 
where to remain shall determine that a majority of the votes cast at an elec- 
tion held in DuPage county the third day of June, 1SG7, 
were not in favor of the removal of the county seat, the cir- 
cuit and county courts shall be held and the public busi- 
ness of said county done at the town of Wheaton. 
Duties of §2. Upon notice of the passage of this act, the county 
andsilpervfsore ^Icrk shall convcue the board of supervisors, and if all the 
assessors' books shall then be in the possession of said clerk, 
the said board and clerk shall proceed to perform all such 
duties as are required of them to be done at the annual 
meeting of the board of supervisors by the laws of this 



1869 EELIEF, COUNTIES. 331 

state; and if said books are not all returned and in the posses- 
sion of said clerk, the board of supervisors may cause nev/ 
assessments to be made ; and shall have power to appoint 
suitable persons to assess the property of any town which 
may not have been assessed and returned to the clerk at 
"Wheaton ; and in case, of such assessment, twenty days 
from the appointment of any assessor shall be allowed for 
the return to be made to the county clerk, otherwise than 
herein : Provided^ it shall be done in accordance with the 
laws of this state relating thereto. 

§ 3. The taxes in said county shall be collected accord- Tases. 
ing to law : Provided^ that the time of making returns to 
the county treasurer is hereby extended until the first daj^ 
of May, 18r>9 ; and the county treasurer shall obtain judg- 
ment of delinquent taxes on the third Monday in June, 
1869, or as soon thereafter as practicable in the manner 
now required by law ; and sale shall be made of the. delin- 
quent lands and town lots on the fourth Monday in June, 
1869, or as soon thereafter as practicable. 

§ 4. Changes of venue in all cases aifecting or 3'elating change of 
to the removal of the county seat of said county shall be 
allowed upon the conditions now provided by law for 
changes of venue in civil cases, and in cases where the 
supervisors are or may be a party to any suit or proceed- 
ings, on motion supported by the written request of a ma- 
jority of said board, and an affidavit of one or more of said 
supervisors, showing that in the opinion of such affiant or 
affiants, a fair and impartial trial of any such case or pro- 
ceeding cannot be had in said county b}^ reason of preju- 
dice in the minds of the people of said county, or by reason 
of the .prejudice of the judge of the circuit in which said 
county is or may be situated, then such case or j^roceeding 
shall be changed to some other county or circuit as in other 
cases. 

§ 5. This act shall be deemed a public act, and take 
effect from and after its passage. 

Approved March 10, 1869. 



AX ACT for the relief of Edgar county. j^ foj^g March 

4, 1869. 

Whereas, the board of supervisors of the county of Ed- 
gar neglect or refuse to appoint a person to fill the vacancy 
occasioned by the death of Jno. W. Shanks, late treasurer 
of said county ; and, whereas, the financial interests of said 
county are sufiering from snch neglect, therefore, 



332 RELIEF, COUNTIES. 1869 

Section 1. Be it enacted by the People of the iState of 
Illinois^ represented in the General Assembly, That tlie 
Governor ^to governor of the state of Illinois be and he is hereby author- 
ized and empowered to appoint a suitable and capable per- 
son to fill the vacancy of treasurer of said county occasioned 
by the death of said John TV. Shanks, late treasurer; and 
that the person so appointed shall fill and hold the office of 
treasurer of said county for the residue of the term of the 
late treasurer deceased, and until his successor is elected and 
qualified ; and shall perform all the duties, and be subject to 
all the laws, penalties and obligations which are imposed up- 
on or apply to county treasurers duly elected under existing 
laws. It shall be the duty of the person so appointed by the 
governor, before he shall enter upon the discharge of his duties 
as treasurer of said county, to execute bond, with securities 
to be approved by the clerks of the county and circuit courts 
of said county, and the county judge thereof; which bond 
shall be subject to the same conditions and in the like pen- 
alty of bonds executed by treasurers duly elected. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Appkoved March 4, 1869. 



lu force June AN ACT for the relief of Henderson county. 

19, 1869. ■' 

Whereas, the county court of Henderson county, Illi- 
nois, did, on the second day of ISTovember, A. D. .1855, 
make an order on the records of said court, directing the 
county judge of said county to subscribe to the capital 
stock of the Warsaw and Rockfbrd Railroad Company, for 
said county, to the amount of one hundred thousand dol- 
lars, and to issue one hundred bonds of said county, for one 
thousand dollars each, with eight per cent, interest, and due 
twenty years from the date thereof, and deliver the same 
to said company in payment for such capital stock ; which 
order was made in pursuance to an election or vote 
previously held in said county by authority of law, and in 
pursuance of said election and order, the county judge of 
said Henderson county did make such subscription to the 
capital stock of said company, for said county, to the amount 
of one hundred thousand dollars, and did issue one hundred 
bonds of said county for one thousand dollars each, due 
twenty years from date, with eight, per cent, interest cou- 
pons, to said company ; and, whereas, the county court of 
said Henderson county have refunded and are about re- 
funding seventy-five of the bonds so issued as aforesaid, by 



1869 RELIEF, COUNTIES. 



canceling the same and issuing new bonds of said county 
in lieu thereof, under and by virtue of the act approved 
February 13, A. D. 1865, said new bonds bearing date 
July 1, A. D. 1868, due twenty years from the date tlieretif, 
for one thousand dollars each, with six per cent, interest 
coupons thereto attached, and containing a clause that said 
county will provide a fund, annually, of five per cent, on 
said new bonds, for the payment of the principal of said 
new bonds, until the same shall be fully paid ; now, there- 
fore, 

Section 1. £e it enacted hy the People of the State qf 
Illinois^ represented in the General Assermly, That the 
said five per cent, on said new bonds of said Henderson Duty of auditor 
county, levied and collected and to be levied and collected 
annually, for the purpose of paying the principal of said 
new bonds, by virtue of said act of February 13, A. D. 
1865, be received and held by the auditor of said state of 
Illinois, as a fund for the purpose of paying the principal 
of said new bonds of said Henderson county ; and said audi- 
tor shall, from time to time, out of said five per cent, fund 
and such other funds as may be by said Henderson county 
placed in his hands for that purpose, pay such of said new 
bonds of said county and at such rate, not exceeding par, 
as the county judge of said county and the holders of such 
bonds shall agree upon, and notify said auditor thereof; 
and said auditor shall thereupon retire and cancel such 
bonds so by him paid, and forward the same to the treasu- 
rer of said Henderson county upon receiving the receipt of 
said treasurer for the same. And, whereas, said Warsaw 
and liockford Hailroad Company have long since become 
insolvent and utterly unable to construct their road in said 
Henderson county, and have entirely failed so to do, and 
have, in view of such failure and inability, surrendered and 
delivered to the county court of said Henderson county 
twenty-one of the bonds issued, as aforesaid, to said com- 
pany, and have agreed to surrender and deliver to said 
county court four more of said bonds, all of which surren- 
dered and to be surrendered bonds being unpaid and in full 
force, therefore, he it further enacted, that the county court comity court 
of said Henderson county be and they are hereby author- bonds'^^''^'^ ^^"^ 
ized, in such manner as they may order, to subscribe to the 
capital stock of any railroad company whose line of road 
shall be located substantially on or near the general route 
of the line located by said Warsaw and Kockford Rail- 
road Company in said Henderson county, to an amount not 
exceeding such bonds so surrendered and to be surrendered 
as aforesaid, and to issue to such new railroad company the 
bonds of said Henderson county in lieu of such surrendered 
bonds, in payment for such subscription to such capital 
stock of such new railroad company — such new bonds to 



334 RELIEF, officees. 1860 

run twenty years and to draw not more than six per cent. 
interest, and to be in all respects subject to the provisions 
of an act relating to county and city debts, and to provide 
for the payment thereof by taxation in such counties and 
cities, approved February 13, A. D. 1865, and shall be con- 
sidered as bonds issued under said act, and shall be subject 
to all the provisions thereof. 
Approved April 5, 1869. 



RELIEF, OFFICERS. 



In force after AN ACT to extend the time of payment to and settlement with the state 
ing Btipula- by Joseph H. Cully, collector of taxes for Jackson county. 



tion. 



Preamble. Whereas, Joscpli H. Cully was sheriff of Jackson county 

for the years 1867 and 1868, and ex officio collector of taxes 
in said county ; and, whereas, on or about the 23d day of 
February, 1868, said Joseph H. Cully was robbed of the 
sum of about four thousand dollars, by having his safe 
broken open by burglars ; and, whereas, about two thou- 
sand three hundred and fifty-four dollars of said four thou- 
sand dollars was revenue, collected by said Joseph H. Cully, 
and due the state, for the year 1867; therefore, 

Section 1. Be it enacted by the Peojyle of the State of 
Illinois, rejpresented in the General AssemUyy That the 
Time of pay- time of payment of the amount due and owing from Joseph 
men ex en e . ^ Cully, late coUector of taxes for Jackson county, to-wit : 
^2,35 i 34, is hereby extended until the first day of Sep- 
tember, A. D. 1870 ; and the auditor of public accounts is 
hereby authorized and instructed to withhold prosecution 
upon the bond of the said Joseph H. Cully until the said 
first day of September, A. D. 1870 : Provided, the securi- 
ties upon the collector's bond of the said Joseph H. Cully 
shall, within thirty days after the passage of this act, file or 
cause to be filed, with the auditor of public accounts, a 
stipulation consenting to the extension of time here given to 
the said Joseph H. Cully, that such extension ehall not 
work a release of them or in any way affect their liability 
on the bond of the said Joseph H. Cully as collector of 
taxes for the county of Jackson. 
Payment, how § 2. The payment shall be made in the following man- 
made, jjgj,^ to-wit : Eleven hundred and seventy-seven dollars nnd 
seventeen cents to be paid on the first day of March, 1870, 
and eleven hundred and seventy-seven dollars and seven- 



1869 BELIEF, OFFICERS. 335 

teen cents on the first day of September, 1870 : Provided^ 
that iu case said payment of $1,177 17 is not made on the 
first day of March, 1870, then the whole amount remaining 
unpaid to the state from said Cully shall immediately be 
payable, and the auditor of public accounts shall, without 
delay, proceed to collect the same, anything herein to the 
contrary notwithstanding. 

§ 3, This act to be deemed a public act, and be in force 
from and after the filing of the stipulation referred to in the 
first section of this act. 

Approved March 31, 1869. 



AN ACT for the relief of George S. Emerson, of Bureau county. In force March 

2T, 1S69. 

Whereas, on the night of October 26th, A. D. 1867, Preamble. 
George S. Emerson, township treasurer of township sixteen 
north, of range seven east, of the fourth principal meridian, 
being the town of Concord, Bureau county, Illinois, was 
robbed of the sum of nine hundred and seven dollars and 
ninety-nine cents, belonging to the school fund of said town- 
ship, the same having been forcibly taken from the office of 
said George S. Emerson by burglars entering the same, as is 
said, and breaking the safe used for the deposit and safe 
keeping of such funds; and whereas, a large number of 
the tax payers of said township have petitioned for the re- 
lease of said Emerson from the payment of said sum of 
money so stolen ; now, therefore. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Asserably, That said 
George S. Emerson be and he is hereby released and dis- 
charged from the payment of said sum of money or any 
part thereof. 

§ 2. The trustees of said township are hereby author- 
ized, directed and empowered to enter upon their records a 
full discharge of said Emerson from the payment of said 
sum of money or any part thereof, and said Emerson is au- 
thorized to credit himself on his books, containing his ac- 
counts as treasurer, accordingly: Provided, that at the 
next annual town meeting in said town the legal voters 
of said town shall vote for or against the relief of George 
S. Emerson ; and if a majority of the voters at said election 
shall vote "for relief," then the said George S. Emerson 
shall be relieved as herein provided ; but if a majority 
of the voters at said election shall vote "against relief," 
then the said George S. Emerson shall not be discharged 
therefrom. 



836 



KELIEF, OFFICERS. 



1869 



§ 3. This act shall take effect and be in force iVum and 
after its passage. 

Appkoyed March 27, 1869. 



In force after AN" ACT to extend the time for the payment of stolen revenue due from 
filing stipula- the late collector of Franklin county, 

tion. 

PreamWe. Wheeeas, MarioH T>. H.oge was sheriff of Franklin 

county for the years A. D. 186T and A. D. 1868, and ex 
officio collector of taxes for said county ; and whereas, on 
the third day of October, A. D. 1868, the house of the said 
Marion D. Hoge was broken into and robbed of the sum of 
live thousand two hundred dohars ; one thousand nine hun- 
dred and eighty-four dollars and fourteen cents was money 
belonging to the revenue of the state of Illinois, and the 
residue was revenue of the said county of Franklin ; there- 
fore, 
Time extend- Segtion 1. Be it enacted hy the People of the State of 

bondemcT^'fiie ^^I'^'^'^^is, represented in the General Assemhly^ That the 

stipulation. time of payment of the said one thousand nine hundred and 
eighty-four dollars and fourteen cents, revenue due the state 
of Illinois from Marion D. Hoge, late collector of Franklin 
county, be and the same is hereby extended until the first 
day of January, A. D. 1871 ; and the auditor of public ac- 
counts is hereby authorized and instructed to withhold pros- 
ecution on the bond of the said Marion D. Hoge, collector 
as aforesaid, until the said iirst day of January, A. D. 1871 : 
Provided^ the bondsmen of the said Marion D.Hoge, npon 
his bond as collectorof taxes for said county of Franklin, shall 
within thirty days after the passage of this act iile with the 
auditor of public accounts a stipulation, in writing, con- 
senting and agreeing to the extension herein given to the 
said Marion I). Hoge as such collector, that the same shall 
not work a release of them or either of them, or in any 
way affect their liability upon the said bond of the said 
Marion D. Hoge. 

Eff«ct. § 2. This act shall be deemed a public act, and take ef- 

fect and be in force from and after the filing of the stipula- 
tion provided for in section one of this act. 
Approved March 31, 1869. 



1869 RELIEF, OFFICERS. 337 



AX ACT to extend the time of payment to and settlement with the state In force after 
by Joseph H. McElhany, late collector of taxes for Union county. ^}^ 6tipula- 

"Whereas, Joseph H. McElhany was sheriff of Union Preamble, 
county for the years 1867 and 1868, and ex officio collector 
of taxes in said county ; and whereas, on or about the 13th 
day of September, 1868, while on his way to the city of 
Springfield to make settlement with the auditor of public 
accounts, he was robbed of all the public moneys then in Eobi3ed of the 
his possession, to-wit : $9,363 68, together with a consid- Public money, 
erable amount of individual funds ; and whereas, there is 
yet due and owing to the state of Illinois, from the said Jo- 
seph H. McElhany, the sum of $9,363 68 ; and whereas, 
the bondsmen of the said Joseph H. McElhany have peti- 
tioned this General Assembly to extend the time of pa}''- Extend time 
ment of the amount so due from the said Joseph H. MxjEI- "^ P^^^^^t. 
hany to the state of Illinois, until the first day of January, 
A. D. 1871 ; therefore, 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
time of payment of the amount dae and owing from Jo- Auditor to 
seph H. McElhany, late collector of taxes for Union county, ^uon"^'^ ^'"°^^" 
to-wit : $9,363 68, is hereby extended until the first day of 
January, A. D. 1871, and the auditor of public accounts is 
liereby authorized and instructed to withhold prosecution 
upon the bond of the said Joseph H, McElhany until the 
said first day of January, 1871 : Provided, the securities 
upon the collector's bond of the said Joseph H. McElhany, 
shall, within thirty days after the passage of this act, file or 
cause to be filed witli the auditor of public accounts a stip- 
ulation consenting to the extension of time here given to „„ .« 

• IT 1 — Tir T~m 1 1 •in Securities to 

the said Joseph ±i. McElhany, that such extension shall consent, 
not work a release of them or in any way affect their lia- 
bility on the bond of the said Joseph H. McElhany as col- 
lector of taxes for Union county. 

§ 2. The payments shall be made in the following man- payment, how 
ner, to-wit : two thousand dollars to be paid in thirty days made, 
after the passage of this act ; two thousand dollars to be 
paid on or before the first day of March, A. D. 1870, and 
the residue to be paid on or before the first day of Janu- 
ary, A. D. 1871. 

§ 3. This act to be deemed a public act, and to be in 
force from and after the filing of the stipulation referred to 
in the first section of this act. 

Approved March 13, 



T^3 



338 BELIEF, OFFICERS. 1869 



In force Feb. 2T, AN ACT for the relief of the sureties of Julius A. Pratt, late treasurer 
^^^^- and collector of the county of Henry. 

Preamble. Whekeas, the said Julius A. Pratt was collector and 

treasurer for the county of Henry, for the year of our Lord 
one thousand eight hundred and fifty-nine, and failed to 
pay the amount ol the state taxes into the treasury of the 
state collected by him for that year ; and whereas, the said 
Julius A. Pratt was killed dm-ing the siege of Yicksburg, 
Mississippi, while in the service of his country, leaving a 
wife and family of four children, and his estate insolvent ; 
and whereas, the legislature of this state, on the sixteenth 
day of February, A. D. 1865, passed an act for the relief 
of the sureties of said Pratt, providing, in substance, that 
upon payment by the representatives of said Pratt, or by 
said sureties, of the sum of five thousand dollars within six 
months, and five thousand dollars within two years from 
the passage of the said act, the account of the said Julius 
A. Pratt as such treasurer and collector to the state, and 
all liens against him and his sureties, should be deemed 
paid and discharged, and said sureties released and dis- 
charged from all liability on the said bonds ; and whereas, 
since the j^assage of said act four of said sureties have be- 
come and are insolvent, and unable to pay any portion of 
said sum of ten thousand dollars, and the remainder of said 
sureties have paid into the treasury of the state the sum of 
eight thousand two hundred and forty-five dollars and fifty 
cents (S8,2J:5 50) under said act, but have been unable to 
make full j)ayment within the time specified in said act ; 
therefore. 

Section 1. £e it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
Timeof^ay- time for the pa^^ment of the balance of said sum of ten 
thousand dollars, namely : the sum of one thousand seven 
hundred and fifty-four dollars and fifty cents, be and the 
same is hereby extended for the period of one year from 
the passage of this act, and that upon payment by said 
sureties, or their legal representatives, into the treasury of 
the state, of said sum of one thousand seven hundred and 
fifty-four dollars and fifty cents, within one year from and 
after the passage of this act, all suits now pending against 
said sureties on account of said liability shall be dismissed, 
and all judgments and liens now existing against them on 
account of said liability to the state shall be deemed paid 
and discharged, 

§ 2. This act shall take effect and be in force from and 
afler its passage. 

Appkoved February 27, 1869. 



ment extended. 



1869 BELIEF, OFFICERS. 339 



AN ACT for the relief of Q. C. Ward. In force March 

3T, 1869, 

Whereas, it is represented to the general assembly of preamble, 
tlie state of Illinois, by the board of supervisors of the 
county of McDonough, that on the night of January 26, 
A. D. 1868, the safe of Q. C. Ward, the collector of the 
town of Elandenville, in said county, was robbed by bur- 
glars of a large amount of money, among which was in- 
cluded, of the taxes of said town collected by him : state 
tax, $675 ; county tax, $675 ; school tax, $650 — under cir- 
cumstances that leave said Ward entirely blameless; and 
whereas, the said Q. C. Ward has fully paid over to the 
county treasurer of said McDonough county the taxes by 
him collected in said town ; therefore, 

Section 1. Be it enacted hy the People of the State of 
Illinois,, represented in the General Assenibly^ That the supernsorsto 
board of supervisors of McDonough county be, and said ^oi^ted *^^°^ 
board is hereby authorized and empowered to refund to 
said Q. C. Ward the amount of the county taxes taken from 
his safe by the burglary aforesaid. 

§ 2. This act shall take effect and be in force from 
and after its passage. 

Approved March 27, 1869. 



BELIEF, PRIVATE PERSONS. 



AN ACT for the relief of Dorick Beauman. j^ force Apr 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That Do- 
rick Beauman, of Johnson county, be and he is hereby 
relieved from the payment of a judgment in favor of the 
people of the state of Illinois, rendered against him at the 
May term of the Union county circuit court, A. D. 1868, 
on his recognizance, on file in said court, for the sum of five 
hundred dollars and costs of suit. 

§ 2. This bill [act] to be in force from and after its 
passage. 

AppfiovED April 9, 1869. 



340 BELIEF, PKIVATE PERSONS. 1869 



In force AprU AN ACT for the relief of John M. Forbes, Frank T. Forbes and Alfred T. 
^'■^®®** Forbes, executors of Murray Forbes, deceased. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
issurn™^b nds ^<^'^®^^*^^ ^^ hereby authorized and required to issue to John 
M. Forbes, Frank T. Forbes and Alfred T. Forbes, as exe- 
cutors of Murray Forbes, deceased, new bonds, which shall 
express upon their face "l^ew internal improvement 
bonds," Nos. 4,341, 4,342,4,343, 4,34 i, 4,345, for one thou- 
sand dollars each, reduced by payments to one hundred and 
fifty-nine dollars and twelve cents each, of the state of Illi- 
nois, of 1847, issued to Murray Forbes, now deceased; and 
he is also hereby authorized and required to issue to the 
said John M. Forbes, Frank T. Forbes and Alfred T. Forbes, 
executors as aforesaid, new bonds, which shall express upon 
their face, " Interest bonds of the state of Illinois, of 1847," 
No. 1,892, for one thousand dollars, and No. 1,893, for 
seven hundred and twenty-nine dollars and forty cents, 
issued to said Murray Forbes, now deceased ; which said 
bonds shall be of the same force and effect as the bonds 
heretofore issued as aforesaid to the said Murray Forbes, 
and entitle the said John M. Forbes, Frank T. Forbes and 
Alfred T. Forbes, the holders thereof, to the same rights, 
privileges and payments, in all respects whatever, as though 
the holders of the original bonds. 

§ 2. This act shall be in force from and after its pas- 

ge. 

Approved April 1, 1869. 



In force AprQ AN ACT for the relief of the person therein named. 

T, 1869. 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois^ represented in the General Assejnhly, That Da- 
vid Gow be and he is hereby relieved from the payment of 
a judgment in favor of the people of the state of Illinois, 
rendered against him in the IJnion county circuit court, on 
the second day of May, A. D. 1868, on his recognizance, on 
file in said court, for the sum of five hundred dollars and 
costs of suit. 

§ 2. This act to be in force from and after its passage. 

Approved April 7, 1869. 



1869 RELIEF, PRIVATE PERSONS. 341 



AN ACT for the relief of Eli Hawkins. In force March 

26, 1809. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That Eli 
Hawkins, of Kankakee county, Illinois, shall have power 
to adopt Adah Maria Allen as his child, and as an heir-at- 
law within the decrees of a child in consanguinity, by and 
with the consent of Fannie Allen, her mother ; and said 
child shall be known as Adah M. Hawkins ; and such 
adoption and consent shall be made a matter of record in 
the county court of said county. 

§ 2. This act to take effect from and after its pas- 



Appeoved March 26, 1869. 



AN ACT for the relief of John Jackson. iJi force June 

19, 1869, 

Section 1. Be it enacted hy the People of the Sta of 
Illinois, represented in the General Assemhly, That John 
Jackson is hereby released and discharged from all liability 
on account of the judgment entered against him on the 
recognizance of James Freeman, at the August term, 1867, 
of the circuit court of Sangamon county, Illinois ; and the 
clerk of said court is hereby authorized and directed to en- 
ter satisfaction on the record of said judgment : Provided, 
nothing herein shall be construed to discharge said Jack- 
son from the payment of the costs due the officers of said 
court. 

Approved March 29, 1869. 



AN ACT for the relief of Kate Lisk. In force June 

19, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, [That] Kate 
Lisk, of Blandinsville, McDonough county, Illinois, is * 

hereby declared to be the legitimate child of Orra M. Lisk, 
and is and shall be, from and after the passage of this act, 
fully entitled to receive and hold the property of said Orra 
M. Lisk, by devise or descent, in the same manner and to 
the same extent as if born in lawful wedlock. 

Approved March 29, 1869. 



!42 BELIEF, PRIVATE FEKSONS. 1869 



In force April AN ACT to amend an act for the relief of Jeptha C. Noe. 

9, 1869. ^ 

Preamble. Whereas, Jeptha C. NoG did, on or about the twenty- 

sixth day of March, A. D. 1861, bargain and sell unto Hi- 
ram Leonard the southwest quarter of the southwest quar- 
ter of section sixteen, township forty north, range one east 
of the third principal meridian, and did also, on the 
eighteenth day ol March, A. D. 1862, bargain and sell to 
Mary A. Sutphen the east half of the southeast quarter of 
section seventeen, also, lot live of section sixteen, both of 
the same town and range, and all situate in the county of 
Ogle and state of Illinois, and agreed to convey the same 
unto the said venders, by good and sufficient conveyance 
in the law, with the release of dower ; and, whereas, Lucin- 
da Noe, the lawful wife of the said Jeptha 0. Noe, has be- 
come of unsound mind and memory, and is utterly inca- 
pable to execute a release of dower of said premises; 
therefore, 

Section 1. Be it enacted hy the People of the State of 
Illinois, TSfresented in the General Assembly^ That the 

Jury appointed, circuit court of Ogle county, state of Illinois, be and is 
hereby authorized to cause a jury to be impanneled, whose 
duty it shall be to inquire into the sanity or insanity of the 
said Lucinda Noe and any other matter pertaining to her 
interest and welfare, and, also, what dower rights, if any, 
she may have in the real estate above described ; and the 
said jury so impanneled shall report to the said circuit court 
as to the sanity or insanity of the said Lucinda Noe, and 
on all matters relating to her welfare, and, also, what rights 
she may have, if any, in or to the lands aforesaid, and the 

to^appoiLttrns- "^^^^^ thereof; whereupon the said circuit court may, in its 

tee. " discretion, appoint a trustee, whose duty it shall be to sell, 

release and convey unto the said gi-antees, the right of 
dower and any and all interest the said Lucinda Noe may 
have in and to the lands aforesaid, upon the payment, by 
the said grantees to the said trustee, the value of the inte- 
rest the said Lucinda Noe may have in and to the said 
lands ; and the said trustee so appointed shall hold or invest, 
on interest, all moneys that may come into his hands, by 
virtue of any such sale, subject to the order of the said 
circuit court, for the use and benefit of the said Lucinda 
Noe. 

§ 2. All acts and parts of acts contrary to this are 
hereby repealed. This act to take effect and be in force 
from and after its passage. 
Approved April 9, 1869. 



1869 RELIEF, PRIVATE PERSONS. 34:3 



AN ACT for the relief of certaia citizens of Randolph county. In force March 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of township five south, of range five west, in iSpomS"*^* 
Eandolph county, residing in sections eight (8), nine (9), 
ten (10), fifteen (15), sixteen (16) and seventeen (lY), in 
said township, be and they are hereby constituted a body 
corporate and politic, by the name and style of " School 
District Number Six (6),' Township (5) R 5 W. ;" and by 
that name shall have perpetual succession, may sue and be 
sued, plead and be impleaded, make contracts and have and 
exercise all the powers and privileges, and be subject to the 
liabilities of a body corporate and politic. 

§ 2. Said district number six shall be bounded by a line Boundaries, 
commencing at the IST. E. corner of section ten (10), running 
thence west to the N. W. corner of section eight (8), thence 
south to the S. W. corner of section seventeen (IT), thence 
east to the S. E. corner of section fifteen (15), thence north 
to the starting point ; and said district shall embrace the 
whole of sections eight (8), nine (9), ten (10), fifteen (15), 
sixteen (16) and seventeen (17). 

§ 3. Said district shall be organized, governed and con- orframzation 
trolled in the same manner as other school districts in said a»d control 
county now are, and shall have the same right in and to 
the school fund, and in all respects shall stand on the same 
footing and be governed by the same law, as other school 
districts now in said county existing : Provided, only, that 
trustees of schools of the township in which said district 
now is or may hereafter be situate shall have no power to 
alter or change the boundaries of said district, to consoli- 
date it with any other district, or in any manner whatso- 
ever to interfere with the territorial limits or corporate 
powers of said district. But nothing in this act contained 
shall be construed to prevent the citizens of said district 
from voting at any regular township election for township 
school trustees. 

§4, The superintendent of schools in said county, upon Notices of 
receipt of a duly certified copy of this act, shall forthwith 
cause to be posted , in three public places in said township, 
notices calling an election for three directors of said district 
— said election to be held not less than ten days after the 
date of said notices, and conducted in the same manner and 
returns made as in other district elections. 

§ 5. This act shall be deemed and taken as a public act, 
and be in force from and after its passage. 
" ' "' 1869. 



344 BELIEF, PRIVATE PERSONS. 1869 



In force March AN ACT for the relief of Charles L. Peri go. 

30, I8ti9. 

Section 1. Be it enacted hj the People of the State of 
Illinois, represented in the General Assembly^ That Charles 
L. Perigo is hereby released and discharged from his lia- 
bility as surety upon the two several recognizances of 
Henry W, Bompas, in the White county circuit court, and 
from the judgments of said court upon said recognizances : 
Provided, that nothing in this act shall be construed to dis- 
charge said party from the payment of the costs thereon 
due the proper officers. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 30, 1869. 



In force March -^N" ACT for the relief of Michael Phalan. 

31, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemhly, That Michael 
Phalan, who was and is the bail for the appearance of 
James Meade to the Macon circuit court, the condition of 
said bond having been forfeited and judgment obtained on 
the same, be and he is hereby discharged from the judg- 
ment of said bail bond. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 31, 1869. 



In force March AN ACT entitled "An act for the relief of John Salmons." 

30 1869. 

Whereas, John Salmons was, at the term, A. D. 1868, 
of the circuit court of the county of Fulton, convicted of the 
crime of burglary, and was, by the court, sentenced to the 
penitentiary for the term of one year ; and, whereas, the 
said John Salmons has been duly pardoned by the gover- 
nor of this state, before the expiration of the term for which 
he was sentenced as aforesaid ; therefore, 

Section 1. Be it enacted hy the People of the State of 

Illinois, represented in the General Assembly, That the said 

• John Salmons be and is hereby declared to be restored ta 



186D BELIEF, PKIVATE PERSONS. 345 

all the rights, privileges, and benefits that he would other- 
wise eijjuy as a citizen of the sta<-e of Illinois had said con- 
viction not taken place. 

§ 2. This act shall take effect and be in force from 
and after its passage. 

Approved March 30, 1869. 



AN ACT for the relief of certain persons therein named. In ^Py*^?c;?Q'^'*^^ 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Thomas 
J. Black, William Norris, George W. Hull, John Peirson, 
Basil B. Smith, and Pleasant H. Craws and Samuel J. 
Winegarner, be and they are hereby released and forever 
discharged from all liability to the people of the state of 
Illinois, and all others interested therein, upon their recog- 
nizance, taken and approved by J. D. Lear, sheriff of Marion 
county, Illinois, on the seventh day of May, eighteen hun- 
dred and sixty-seven, and tiled in the circuit court of said 
Marion county, on the twentieth day of May, eighteen 
hundred and sixty-seven, for the appearance of one James 
R. Waite before the judge of the circuit court in and for the 
county of Marion and state of lilinois, on the first day of 
the August term, eighteen hundred and sixty-seven : Pro- 
vided, that the said persons shall not be released from 
paying the costs that have already accrued to the officers of 
the county of Marion aforesaid, in the proceedings by scire 
facias in said recognizance. 

§ 2. It shall be the duty of the state's attorney of the 
judicial circuit, whenever any proceedings to take out exe- 
cution upon the said recognizance may be pending, to dismiss 
the same at the first term of the circuit court therein after 
the passage of this act. 

§ 3. This act shall be a public act, and take effect and 
be in force from and after its passage. 

Approved March 24, 1869. 



AN ACT for the relief of Joseph Wadleigh. In force Aprils, 

Whereas, William Miller, on the 26th day of January, preamble. 
A.D, 1855, entered at the Danville land office sections sev- 
enteen and nineteen, in township twenty-nine north, of 
range ten east, in Iroquois county, and that on the 19 th 



34:6 EEP0RTEK8, OFFICIAL. 1869 

day of March, A.D. 1855, tlie said Miller sold and con- 
veyed said premises to the said Joseph Wadleigh ; and 
whereas, the state of Ilhnois, under and by virtue of an 
act of the congress of the United States, entitled ''An act 
to authorize the state of Illinois to select the residue of the 
lands to which she is entitled under the act of second of 
March, eighteen hundred and twenty-seven, granting land 
to aid that state in opening a canal to connect the waters of 
the Illinois river with those of Lake Michigan," approved 
August 3, 1854, selected said sections of land some time 
after said entry was made ; and whereas, the said Wadleigh 
proceeded to take possession of said land, which he yet 
occupies, and has built houses, and expended several thou- 
sand dollars in improvements upon said premises, in igno- 
rance of such selection and claim of the said state ; there- 
fore. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That the 
board of trustees of the Illinois and Michigan Canal are 
hereby authorized and directed to sell and convey said 
premises to the said Joseph Wadleigh for six dollars per 
acre, the amount of the second and last appraisement 
thereof, upon the usual terms given by said board in sell- 
ing lands. 

§ 2. That this act shall be deemed a public act, and shall 
be in force and efiect from and after its passage. 

Approved April 5, 1869. 



REPORTERS, OFFICIAL. 



In force March ^N ACT to amend an act entitled "An act for the appointment of oflBcial 
11, 1669. reporters," and for the preservation of evidence in certain cases in Cook 

county. 

Section 1. JSe it enacted by the People of the State of 
Illinois, represented in the General Assembly, In any civil 
to^beTak'en^^^^ actiou in the superior court of Chicago, the circuit court of 
Cook county, the recorder's court oV the city of Chicago, 
and the county court of Cook county, whenever either 
party to said action, or their counsel or attorneys, or the 
presiding judge, shall desire a short-hand report of the 
evidence or any proceedings therein, if the presiding judge 
shall deem the case a fit one to be reported, said judge 
shall direct, and it shall be the duty of said official report- 



1869 EEP0ETEE3, OFFICIAL. 847 

ers to cause, full phonograpliic notes of the same to be 
taken, and one or more transcriptions of the same, as 
desired by the respective parties to said cause, or by sai>l 
presiding judge, to be forthwith fairly made. The charges CoBt of taking, 
fur the taking of said phonographic notes, as established by 
the said courts, shall, when verified by the certificate of the 
said presiding judge, be forthwith paid by the county 
treasurer of said Cojk county, out of any contingent funds 
of the county in his hands; and the said certificate shall 
constitute to said county treasurer a proper voucher for 
said payment, in the settlement and passing of his accounts 
with the board of supervisors of said county. The charges 
for the said transcription or transcriptions of the said pho- 
nog aphic notes, when made, shall be forthwith respec- 
tively paid by the party on whose behalf the same was 
respectively ordered, and the amount so paid by either 
party shall be allowed and taxed as costs in said cause: 
Provided, however, that if more than one transcription of 
said phonographic m^tes shall be so made, the said presid- 
ing judge may, after payment of the charges for the same, 
as hereinbefore provided, direct the taxation of said costs 
in such manner as to him may seem just : A7id provided, 
moreover', that if the presiding judge shall, upon his own 
motion, order a transcription, as hereinbef jre provided, he 
may direct the payment of charges therefor, and the taxa- 
tion of the same as costs, in such manner as to him may 
seem just: And provided, moreover, that any such tran- 
scription, when paid for, shall be filed in said court among 
the papers in said canse, by the party wishing to use the 
same. 

§ 2. Whenever, in any criminal case in either of said Reports in 
courts in this act mentioned, the presiding judge, on i3ehalf """^^^ ^"®^' 
of the accused, and the prosecuting attorney, on behalf of 
the people, or whenever in any preliminary examination in 
any criminal matter, the prosecuting attorney, on behalf 
of the people, shall deem the cause a proper one to be 
reported, it shall be the duty of said ofBcial reporters to 
cause full phonographic notes of the evidence or proceed- 
ings in such case to be taken, and the same, if desired, to 
be forthwith fairly transcribed, and the said transcription, 
when so made, to be filed in said court among the papers 
in said cause; the charges for the taking of said notes, and 
for the transcription thereof, when made as established by 
the said courts, shall, when verified by the certificate of the 
said presiding judge and prosecuting attorney, be forthwith 
paid by the county treasurer of said Cook county, out of 
any contingent funds of the county in his hands; and the 
certificate shall constitute to said county treasurer a proper 
voucher for said payment, in the settlement and passing of 
his accounts with the board of supervisors of said county. 



348 EEPORTEKS, OFFICIAL. 1869 

pr^batematterf § ^- ^^ ^^^ matters touching the probate of wills, arising 
in the county court of Cook county, in which oral proof 
shall be given, the eaiiie shall be so leported by the said 
official reporters, and a transcript thereof shall be tiled in 
said court, after being signed by the witnesses, deponents 
or affiants, unless said signing of such record of proof by 
the witnesses, deponents or affiants shall be waived by said 
judge, in which case such record, after being authenticated 
by the certificate of said jr.dge, shall be deemed to be the 
record of any proof so taken — the charges for the taking 
and transcription of the same, as established by the said 
courts, to be paid under the order of the court. 
Reporters to g 4. The Said official reporters, and each of them, shall 

tif/depJsitioDs" have power to take and certify depositions, under their 

'^^'^' common seal, to be by them adopted, with like eflect as if 

the same had been taken and certified by a notary public in 
any of the counties of this state; and the said official 
reporters, or any or each of them, may be appointed a spe- 
cial master to take proof in chancery causes in any of the 
courts of this state. 

Repeal. g 5. AH the provisions of the act to which this is an 

amendment, inconsistent herewith, are hereby repi aled. 

§ 6. This act shall take effect and be in force from and 
after its passage. 

Approved March 11, 1869. 



In force March AN ACT to authorize the appointment of an official reporter in the ninth 
30, 1869. judicial circuit. 

Section 1. £e it enacted hy the People of the State of 

Illinois^ represe7ited in the General Assembly^ That the 

Eeporter for judge of the circuit courts of Bureau, Kendall and LaSalle 

ciaidSrict^.^ " counties, (constituting the ninth judicial circuit,) and the 
judges of other courts in said circuit, having concurrent 
jurisdiction with said circuit courts in civil cases, actiona 
and proceedings, be and they are hereby authorized and 
empowered to appoint a phonographic reporter, to take full 
and complete notes of the testimony in any case, whenever 
any of the said judges shall, in his own judgment and 
opinion, deem the case of sufficient importance to warrant 
the appointment of such reporter. 

to^re orted^^ § ^* That, upon the application of both the parties to 
any suit pending before any of the said courts, by them- 
selves or their attorneys, it shall be the duty of said judge 
to call in the services of the official reporter to take short- 
hand notes of the testimony in such case. 



ion. 



1869 REPOKTERS, OFFICIAL. 349 

§ 3. Wlienever a grand jury or petit jury shall request, ijefo^e^®^^"'^^ 
in writing, addressed to the judge of any of said courts, ^°^^^'"^- 
that the testimi'ny in any case or cases be taken in short- 
hand, it shall be the duty of said judge to call in the ser- 
vices of the official reporler for that purpose. 

§ 4. The compensation to be allowed to such official ^^o^pensaf 
reporter shall be lixed and certified to by the presiding 
judge, and shall be allowed and taxed as costs in the case: 
J^rovided, however, that in criminal cases, or in such 
civil suits as may directly concern one of the counties 
in said circuit as a party thereto, the compensation to the 
said official reporter shall be paid upon the certificate of 
the presiding judge, by the treasurer of the county inte- 
rested, out of any contingent funds on hand in his office, 
not otherwise appropriated. 

§ 5. Such reporter, when appointed in accordance with Oath of office, 
this act, shall be required to take an oath that he will, faith- 
fully and to the best of his skill and ability, make true 
reports of all such matters and things as shall be required 
of him ; which oath shall be in writing, and signed by the 
party, and tiled with the clerk of said county. Any such Penalty, 
reporter may be indicted and convicted of perjury fur the 
willful violation of said oath. 

§ 6. This shall be deemed a public act, and be in force 
from and after its passage. 

Approved March 30, 1869. 



AN ACT to authorize the appointment of an official reporter in the In force March 
eighteenth judicial circuit. ^^> ^^''^• 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That the 
judge of the circuit courts of Sangamon, Macoupin, Chris- Phonographic 
tian and Montgomery counties, constituting the eighteenth appJtoed.'' ^^ 
judicial circuit, be and he is hereby authorized and empow- 
ered tu appoint a phonographic reporter to take full and 
complete notes of the testimony in any case, whenever 
the said judge shall, in his own judgment and opinion, 
deem the case of sufficient importance to warrant the ap- 
pointment of such reporter. 

§ 2. That upon the application of both the parties to any judge to ap- 
suit pending before any of the said courts, by themselves p°"^'- 
or their attorneys, it shall be the duty of said judge to ap- 
point an official reporter to take short-hand notes of the 
testimonv in such cause. 



350 REPOETERS, OFFICIAIi, 1869 

ju?vTo*^cX"- § ^- Whenever a grand jury, or petit jury, shall make 
porter. a request, in writinij, to the judge, that the testimony in 

any case or cases be taken iu short hand, it shall be the 
duty ot" said judge to call in the services of an official re- 
porter lor that purpose. 
Compensation. § 4. That the Compensation to be allowed such official re- 
porter shall be fixed aud certified to by the presiding judge, 
and shall be allowed and taxed as costs in the cause": Pro- 
vided^ however, that in criminal cases or in such civil suits 
as may directly concern one of the counties in said circuit, 
as a party thereto, the compensation to the said official report- 
er shall be paid upon the certificate of the presiding judge, 
by the treasurer of the county interested, out of any con- 
tingent funds on hand in his office. 

§ 5. This act shall take effect and be in force from and 
-' after its passage. 

Approved March 31, 1869. 



In force March AN ACT for the appointment of reporters, and for the preservation of evi- 
81, 1869. dence in certain counties therein named. 

Section 1." Be it enacted by the People of the State of 
Illinois, represented hi the General Assembly, That the 
PhonograpMc judges of the circuit courts of Sangamon, Morgan, Adams, 
reporter, duties, ^qX^q^^^ Pcoria aud Macon, are hereby severally authorized 
to appoint one phonographic reporter for said courts, respec- 
tively, whose duty it shall be, when ordered by the court, or 
upon application of either or both parties to any suit, or 
their attorneys, to report the evidence in full ; and when de- 
sired by the court, or by either or both parties or their at- 
torneys, to transcribe and file the same among the papers 
in the cause. The fees for so taking and transcribing the 
evidence in such cause to be estimated and certified by the 
court and paid forthwith by the party or parties on whose 
behalf the same was ordered ; or when ordered by the 
court upon his own motion, to be apportioned equally between 
the parties to the suit ; and when said fees shall be so paid 
the same shall be taxed as costs in the cause : Provided^ 
that in any criminal cause tried in any court, when such 
reporter shall be appointed, the court may order the 
evidence to be reported, in full, in which case the fees for 
reporting and transcribing the evidence shall be fixed by 
the court and paid by the county in which such cause shall 
be tried, upon the order of the court therefor : Provided^ 
further, that in no case shall the evidence in any cause be 
reported as provided in this section unless the court shall 
deem the same a proper one to be reported. 



1869 REPORTEKS, OFFICIAL. 351 

§ 2. Eeporters appointed under th'e provisions of the 
lirst section of this act shall have power to take and certify 
depositions in any cause pending in the court where he 
shall be so appointed, and may be appointed special mas- 
ter to take proofs in chancery causes pending in such 
court. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved March 31, 1869. 



AN ACT to regulate the times of holding courts in the twentieth judicial In forcoFeb. 19, 
circuit, and to provide for an official reporter in said circuit. 18t9. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Asse7nUy, That the 
regular terms of circuit court in the twentieth judicial cir- Terms, when 
cuit shall be held as follows : In the county of Kankakee, ^o^'^'^"- 
on the first Tuesday in April, the third Tuesday in Sep- 
tember, and the first Tuesday in December. In the coun- 
ty of Iroquois, on the first Tuesday in March, the third 
Tuesday in June, and the first Tuesday in November. In 
the county of Livingston, on the first Tuesday in January, 
the first Tuesday in May, and the second Tuesday in Octo- 
ber. 

§ 2. All processes issued and made returnable to the Process 
terms of said circuit court, as heretofore provided by law, 
shall be deemed and taken as returnable to the next ensu- 
ing term, as provided for in this act. 

§ 3. The regular grand jury in each of the counties of Grand jury, 
said circuit shall be convened as follows : In the county of 
Kankakee, at the regular term in December. In the coun- 
ty of Iroquois, at the regular term in November. In the 
county of Livingston, at the regular term in January. 

§ 4. In any civil action in the circuit court of said cir- short-handre- 
cuit, whenever both parties to said action, or their counsel or ^°^^° '"^'" 
attorney, shall desire a short-hand report of the evidence or 
any proceedings therein, if the judge shall deem the case a fit 
one to be reported, said judge shall direct and appoint some 
suitable and competent person to act as such reporter, who 
shall be sworn to fully and impartially report said evi- 
dence or proceedings ; and it shall be the duty of said ofii- 
cial short-hand reporter to take full phonographic notes of 
said evidence or proceedings, and the same, if desired by 
either or both of said parties to said cause, shall be fairly 
and fully transcribed. The charges for taking said phono- 
graphic notes, and for the transcription thereof when made, 



35 i' REVENUE, 1869 

shall be estimated and certified by said judge, and when so 
certified shall be forthwith paid under tlie order of the 
court by the part-j on wiiose behalf the same was ordered, 
and the amount so paid shall be allowed and taxed as costs 
in said cause : Provided^ however^ that said transcription, 
when paid for, shall be tiled with the papers in said cause, 
subject to be used by the respective parties, as the court 
shall direct : And^ provided, moreover, that upon a failure 
to pay said charges, under such order of court, the party or 
parties so failing may be proceeded against by attachment, 
as in other cases for non-compliance with the orders of the 
court. 
Criminal cases. § 5. Whenever, in any criminal case in said court, the 
judge, on behalf of the accused, or the prosecuting attorney, 
on behalf of the people, shall deem the cause a proper one 
to be reported, he may appoint an official short-hand reporter 
who shall be sworn as provided in section four of this 
act, and it shall be the duty of said short-hand reporter 
to take full phonographic notes of the evidence or pro- 
ceedings in such case, and the same, if desired, to be forth- 
with fairly and fully transcribed, and the said transcription, 
when so made, to be filed in said court, among the papers 
in said cause. The charges for taking said notes and for 
the transcription thereof, when made, to be estimated and 
certified by said judge and prosecuting attorney ; and when 
so certified the same shall be paid by the county treasurer 
of the county in which said cause shall be tried, upon the 
written order of said judge, out of any contingent funds 
of the county on hand in his office. 

§ 6. This act shall be in force from and after its pas- 
sage. 

Appeoved February 19, 1869. 



REVENUE. 



In force ATarch AN ACT to amend an act entitled "An act to amend the revenue laws, and 
2G, 1869. to establish a State Board for the Equalization of Assessments," approved 

March 8, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That it 
stnte Board shall be Competent for and shall be the duty of the State 
to Mneide?ce°- Board cf Equalization, in equalizing the valuations of prop- 
tain property, erty as assessed in the different counties, to consider the 



1869 EEVENTJE. 



following classes of property separately, viz : lands, town 
and city lots, railroad property, and personal property ; 
and upon such consideration to determine such rates of ad- 
dition to or deduction from the assessed valuation of each 
of said classes of property in each county as may be deem- 
ed by the board to be equitable and just ; such rates 
being, in all cases, even and not fractional. And such 
rates shall not be combined, but shall be extended by the 
clerks of the several counties against the assessed valua- 
tions of each of said classes of property specifically, as de- 
termined by said board. 

§ 2. Section fourteen, of the act named in the title of sessions of 
this act, is hereby so amended that the sessions of the board ^^ard extended, 
of equalization may extend to, but not exceed thirty days. 

§ 8. The number of copies of the proceedings of said 
board, authorized to be published, is hereby increased to proceediugs- 
five thousand, of which number each member of said ^°p^^|,^ °"^' 
board shall be entitled to fifty copies, and the auditor of 
public accounts to two hundred additional copies. The re- 
mainder to be distributed as now provided by law. 

§ 4. This act shall take efiect and be in force from and 
after its passage. 

Ajpeoved March 26, 1869. 



AX ACT authorizing certain officers therein named to receive national In force March 
bank notes and fractional currencj' in payment of taxes. *• '^^^■ 

Section 1. Be it enacted hj the People of the State of 
Illinois^ represented in the General Assembly, That all 
county and township officers, whose duty it is or may be to 
collect the public revenue, be and they are hereby authorized 
to receive, in payment of all taxes, the notes or bills of na- 
tional banks, and United States fractional currency. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 4, 1869. 



AX ACT to amend the revenue law. In force April 

17, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
Randolph county court shall have power to appoint a spe- 
cial collector to collect the personal tax returned as delin- 
quent tax by the collector, in his settlement; and to enable said 
-45 



35i RiEVENtJE. 1869 

Rpecial collector to collect said delinquent tax, he is hereby 
authorized and is clothed with the same powers conferred 
upon the sheriii" and collector by the laws now in force. 

§ 2. All acts and parts of acts, in conflict with this act, 
are hereby repealed. 

Approved April 17, 1869. 



In force April AN ACT to extend the time and define tlie manner of assessing and col- 
^^' ^^^^- lectiug taxes of 1868, in DuPage county. 

Section 1. Be it enacted hy the People of the State of 
Illinois, reyresented in the General Assemljly, That the 
Time extend- time for Collecting the taxes provided for in section 2, of an 
ancTsafe^^hen ^ct of this general assembly," entitled "An act for the relief 
made. of DuPage couuty," approved and in force March 10, 1869, 

1)6 and the same is hereby extended to the lirst day of July, 
1869, and judgment for delinquent taxes may be obtained 
on the 3d Monday of August, 1869, and sale of the delin- 
quent lands and town lots may be made on the 4th Mon- 
day of August, 1869 ; and when the assessors appointed by 
the board of supervisors, in pursuance of said section 2, 
shall report their assessments to said board, the same shall 
be deemed and held to be valid in all respects : Provided, 
such assessments are in accerdance with the requirements 
of the constitution of this state. 
Taxes. § 2. Taxes levied upon such assessments shall be col- 

lected by the several town collectors who were elected at 
the annual town meetings, held in said county, in 3 868, 
and in case of the failure or refusal of any of said collec- 
tors to collect said taxes, the same may be collected by com- 
petent persons to be appointed by said board of supervi- 
sors : Provided, that such town collectors as shall collect 
said taxes, and any person or 23ersen8 appointed by said 
board, shall give bond and sufficient security, and qualify, 
as now required by law in case of town collectors, and the 
assessments made as aforesaid shall be a town charge 
against the proper towns. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved April 17, 1869. 



1860 KEVISED STATUTES. 355 



REVISED STATUTES. 

[ SEK "aBATEMEXT." ] 

AN ACT to amend chapter nine of the Revised Statutes of 1845, entitled In force March 
"Attachments in Circuit Courts." 31, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That sec- 
tion three, of chapter nine, of the Revised Statutes of 1845, 
be and the same hereby is amended so as to read as follows : 
Such officer shall without delay execute such writ of at- 
tachment upon the lands, tenements, goods, chattels, rights, 
credits, moneys and effects of the debtor, or upon any lands 
or tenements in and to which such debtor has or may claim 
any equitable interest or title of sufficient value to satisfy 
the claim sworn to, with costs of snits as commanded in 
such writ. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

ArPKOVED March 31, 18G9. 



AN ACT to amend section tliirty, of chapter nine, of the Revised Statutes lu force April 8, 
of the state of Illinois, approvtJd March 3, 1845. 1S09. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented m the General Assembly, That sec- 
tion 30, of chapter ix, of the Revised Statutes of the state Attaciimeut m 
of Illinois, approved March 3, 1845, is hereby so amended Sioni ""''''''' 
as to read as follows : Plaintiffs in any action of debt, cove- 
nant or trespass, or on the case, or on the case upon prom- 
ises, having commenced their action or actions by summons, 
may, at any time pending such suit, and before judgment 
therein, on filing in the office of the clerk where such action 
is pending a sufficient bond and affidavit, sue out an at- 
tachment against the lands and tenements, goods and chat- 
tels, rights, moneys and credits and effects of the defend- 
ant, which attachment shall be entitled in the suit pending, 
and be in aid thereof; and such proceedings shall be there- 
upon had as are required or permitted in original attach- 
ments, in all things as near as may be. 

§ 2. This act shall be deemed a public act, and shall 
take effect from and after its passage. 

Appeoved April 8, 1869. 



356 KEVISED STATUTES. 1869 



In force :\Iarch AN ACT to amend chapter sixteen of the Revised Statutes of 1845, entitled 



1869. 



"Bastardy." 



where made. 



Section 1. Be it enacted hy the People of the State of 

Illinois^ represented in the General Assejnhly^ That sec- 

compiaint, tioii One, of chapter xvi, of the Revised Statutes of ISio, 

"" '"" 1'e so amended that the comj)laint therein authorized to be 

made may be made in any county -where the complainant 
may be pregnant or delivered, or the person accused may 
be found. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 30, 1869. 



In force ?ifarch AX ACT to amend chapter twentv-one (21) of the Revised Statutes of 
27,1860. 1845. 

Section- 1. Be it enacted hy the People of the State of 
■^iiri^d'ction J-lUf^ois^ represented in the General Assembly^ That the 
of'circuit courts Several circuit courts of this state shall have jurisdiction as 
to quiet Mis. ^ourts of chanccry, subject to the rules of practice estab- 
lished by the chapter to which this is an amendment, to 
hear and determine bills to quiet title, and to remove clouds 
from the title to real estate, when the lands in controversy 
are unimproved or unoccui:)ied, «i the same manner as 
though the parties filing such bill was in the possession or 
occupancy thereof ; and the taking possession of such lands, 
after the commencement of suit by the party claiming the 
adverse title, or any one under or through such person, 
shall not in anywise affect the complainant's right to a final 
decree upon his bill. 

§ 2. This act shall be in force from and after its passage. 



In force March AN ACT to amend section twelve, of chapter twenty-one (21), of the Re- 
21. 18(,'9. vised Statutes of 1845, entitled "Chancery." 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemhly, That section 
Sec.i2 amend- twelvc, of chapter twenty-one, of the Revised Statutes of 
residliul? "'^°' 18^5, be and the same hereby is amended by adding the fol- 
lowing to «aid section : Provided, that when any such de- 



1869 REVISED STATUTES. 



feudant shall reside or be found in any foreign country or 
a^overument, the person making such sarvice may make 
oath to such service before any United States minister or 
consul residing or being in said foreign country or govern- 
ment, whose certificate to such oath or affidavit, under his 
seal of office, shall be held and construed as sufficient proof 
of such service. 

§ 2. This act shall be in force and take effect from and 
after passage. 



AN ACT to amend chapter twenty-one of the Revised Statutes of 1845, In force March 
entitled " Chancery." ^~< '^^'^^• 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assemhly^ That in all 
chancery proceedings where the bill ot complaint, or any Lost papers, 
other paper filed in the cause, shall be lost or mislaid, the ^«^ ^^^pp^^^"^- 
court in which said cause shall be pending may, in its dis- 
cretion, permit the files to be supplied by the filing of a 
copy of the lost or mislaid bill of complaint, or other pa- 
per, on the party wishing to supply the files making an 
affidavit to the satisfaction of said court that said bill of 
complaint or other paper is substantially a copy of the ori- 
ginal to the best of his knowledge, recollection and belief. 

§ 2. This act shall take eftect and be in force from and 
after its passage. 

Appkoved March 12, 1869. 



AN ACT to amend chapter twenty-two of the Revised Statutes of 1845. In force March 



entitled "Charitable Uses." 



Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That section 
two (2) of chapter twenty-two (22) of the Kevised Statutes what to con- 
of 1845, entitled "Charitable Uses," shall be, and the same ^^^^ '^^^'=^- 
is hereby so amended as to read as follows : "Whenever a 
piece of ground has heretofore been used by the people of 
a neighborhood as a burying ground or place of interment 
of the dead, without such use thereof being prevented by 
the owner or owners of such piece of ground for a period 
of twenty years and upwards, such piece of ground shall be 
deemed to have been dedicated for a public burying ground 



35 S REVISED STATUTES. - 1869 



Ponaltv 



within tlie meaniug of tiiis act, and any person or persons 
guilty of desecrating the same, or attempting to use such 
for piece of ground for other purposes than that of interment of 
desecration. the dead^shall be deemed guilty of trespass, and be liable 
to the penalties prescribed in section three (3) of the act to 
which this act is amendatory, for trespass upon burying 
grounds. 
vfbo to pre- g 2. The Corporate authorities and police commission - 
mt esecra- ^_^^^ ^^. ^^^ incorporated town or city in this state, within the 
limits of which such burial place may be located, shall 
have power, and it shall be th^ir duty to prevent the dese- 
cration and rising of such burial place for any other purpose 
than the interment of the dead, l3y the owner of the fee of 
the same, or by any other person or persons. 

§ 3. This act shall be deemed a public act. and be in 
force from and after its passage. 
Ai'PEo\TiD March 31, 1869. 



^" I'^^l'sV/P"' AN ACT to amend chapter XXII of the Revi.scd Statutes of 1845, entitled 
' ■ "Charitable Useri." 

Section 1. Ue it enacted hy the People of the State of 
Illinois^ reiyresented in the General AssemUy^ That in all 
ca§es in which land or other property has been or may be 
given or granted by any person or persons to trustees, with 
power to sell the same and use the proceeds for erecting a 
school, church, or hospital, or for any other charitable pub- 
lic purpose, or where money has been or may be given to 
trustees for such purposes or purpose, where nothing has 
yet been done by the trustees to lix the location or charac- 
ter of said charity, and where there is as yet no definite 
cestui que trust to take under said charity, it may and shall 
be lawful for said donor or donors, grantor or grantors of 
such charity, in his or their life time, by deed duly executed 
under his or their hand and seal, to cause and direct said 
land or other property or its proceeds, or said money, to be 
appropriated, either in whole or in part, to any other chanty 
or charities of the same or like general character, either in 
the place originally designated, or in any other place or 
places, as said donor cr donors, grantor or grantors may 
elect, and for that purpose to appoint in said deed new 
trustees in place of the old, and generallj'- to do and per- 
form all necessary and lawful acts to carry said new charity 
or charities into efiect. 



1869 BEVISEt) STATUTES. 359 

§ 2. This act shall take effect and be in force from and ^ 

after its passage. 

Approved April 1, 1869. 



AN ACT to amend chapter twenty-four of the Revised Statutes, entitled in force Marcli 
"Conveyances." 2T, ISC.t. 

Section 1. ^e it enacted hy the People of the State of 
lllinmsj represented in the General Assembly^ That any 
femme covert, being above the age of eighteen years, joining 
with her husband in the execution of any deed, mortgage, 
conveyance, power of attorney or other writing of or relating 
to the sale, conveyance or other disposition of lands or real 
estate, as aforesaid, shall be bonnd and concluded by the 
same, in respect to her right, title, claim, interest or dower 
in such estate, as if she were sole and of full age as afore- 
said ; and the acknowledgment or proof of such deed, 
mortgage, conveyance, power ol attorney, or other wn-iting, 
may be the same as if she were sole. 

§ 2. This, act to be in force from and after its passage. 

Approved March 27, 1869. 



AN ACT to amend an act entitled "An act to amend chapter twenty-four In f'Tce March 
of the Revised Code of 1845, entitled 'Conveyances,' approved February ~^' ^*^^- 
21, 1861." 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the Genei^al Assembly, That the 
act to which this is an amendment be and the same is here- 
by so amended as to include within its provisions, and 
appl}^ in the same manner and to the same extent, to chat- 
tel mortgages as it now does to any deed, conveyance or 
other writing of or concerning lands, tenements and 
hereditaments. 

§ 2. This act shall be in force from and after its passage. 
^' ' '^ 1869. 



560 REVISED STATUTES. 1869 



Id force March AX ACT to amend chapter twenty-four (24) of tlie Revised Statutes, enti- 
9. 1S''9- tied "Convevances." 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the Qeneral Assembly, That section 
thirtj-seven (37) of chapter twenty-four (24) of the Revised 
Statutes, entitled "Conveyances," be so amended that a 
deed of release of any mortgage or deed of trust hereafter 
to be made or executed, as contemplated by said section 
and chapter in the first section of this act mentioned, shall 
be valid and effectual in law, whether such deed of release 
be attested by a witness or not, and all acts and parts of acts 
in conflict with this act, are hereby repealed, 

§ 2. This act shall be deemed a public act, and be in 
force and take effect from and after its passage. 

Approved March 0, 1869. 



In force March AX ACT to amend chapter thirty of the Revised Statutes of 1845, entitled 
4, isiw. "Criminal Jurisprudence in relation to the Crime of Arson." 

Section 1. Be it enacted ly the People of the State of 
. Illinois, represented in the General Assembly, That any 

Arsoi;. pcTSon OT pcrsous who shall willfully and maliciously burn, 

or attempt to burn, set fire to, or attempt to set lire to, any 
building with the intent to defraud or injure any person or 
persons, or with intent to injure or defraud any insurance 
company, or insurance companies, shall be found guilty of 
arson, and on conviction thereof, shall be punished by con- 
finement in the penitentiary for a period of not less than 
one year nor more than ten years. 

iDdiciment. § 2. Ill every indictment for arson it shall be sufficient 

to allege the building, if occupied at the timie of the burn- 
ing, or an attempt to burn the same as aforesaid, to be the 
property of the owner, lessee or occupant thereof; or, if 
unoccupied, to allege simply that such building, at such 
time, was unoccupied, giving a description thereof in general 
terms. 

§ 3. This act shall take eiiect and be in force from and 
after its passage. 



1869 REVISED STATUTES. 361 



AN ACT to amend chapter thirty of the Revised Statutes. lu force July ], 

1809. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That it shall 
not be lawful for any person, or association of persons, to ^ n*^.Y'?''^if 
put forth any sign or advertisement, and assume therein asB™m(fd wuh- 
or thereon, for the purpose of soliciting business, any cor- out authority. 
porate name, unless by the authority of some public act or 
charter. 

^ 2. It shall not be lawful for any persou or persons, Najne desig- 

. , . .-' ^ -, . ^ . ^ imtea liy char- 

or association, company or corporation, doing business ter, 
within this state, under or by authority of any public act 
or charter, to put forth any sign or advertisement contain- 
ing any other name than that by which the said person or 
persons, association, company or corporation are designated 
and are authorized to assume by the public act or charter 
under which the same is organized and doing business ; 
nor to add anything to such authorized name, or lengthen 
the same. 

§ 8. Every person or persons, and any officer or agent Penalty fo? 
of a corporation or association, who shall offend against any '*'^"***^''"- 
of the provisions of this act, shall, upon conviction thereof, 
pay a fine of not less than one hundred dollars, and, in the 
discretion of the court wherein such conviction shall be 
had, a like sum for each day that the offense shall be con- 
tinued — to be collected in the name of the people of the 
state of Illinois, in any court of record having cognizance 
of like offenses ; and it shall be the duty of the state's 
attorney to prosecute any person or persons, the agents or 
officers of any corporation or association offending against 
this act, upon notice of such offense having been commit- 
ted ; and the amount of said fine, less the costs of prosecu- 
tion, shall be applied to the benefit of the common school 
fund of the county in which said offense may have been 
committed. 

§ tto This act shall be deemed a public act, and shall 
take effect and be in force from and after July first, A. D. 
eighteen hundred and sixty-nine. 

Appkoved March 10, 1869. 



-46 



363 REVISED STATUTES. 1869 



In force June AN ACT to amend section 184, chapter 30, of the Revised Statutes, enti- 
19, 1S69. tied " Criminal Jurisprudence." 

[Section 1.] Be it enacted hy the People of the StoAe of 
Illinois, represented in the General Assemh'ly, That sec- 
tion one hundred and eightj-four, of chapter thirty, of the 
Revised Statutes, entitled "Criminal Jurisprudence," be 
80 amended as that the attorney, prosecuting on behalf of 
the people, shall be admitted to a peremptory challenge 5f 
the same number of jurors that the accused is entitled to. 

Appkoved April 1, 1869. 



In force March AN ACT to amend chapter XXXVI cf the Revised Statutes of 1845, en- 
26, 18U9. titled " Ejectment." 

Section 1. Be it enacted hy the People of the ^tate of 

Plinois, represented in the General Absemhly, That the 

Action began mode of Commencing any action of eiectment to be here- 

aZd summo^"'' after commenced shall be by filing with the clerk of the 
proper court a declaration, in the form required by the 
thirty-sixth chapter of the revised code of 1845, entitled 
" Ejectment." Upon the tiling of such declaration a sum- 
mons shall be issued under the seal of the court, tested in 
the name of the clerk of said court, dated on the day it 
shall be issued, and signed with his name, and shall be di- 
rected to the sheriff, or, if he be interested in the suit, to 
the coroner of the county, and shall be returnable on the 
first day of the next term of the court. If the plaintiff" 
shall not be a resident of this state, a bond for costs, as in 
other cases of non-resident plaintiffs, shall be filed with the 
^ declaration, or his suit shall be dismissed at the cost of his 

attorney. 
Summons, § 2. The summous, in addition to the usual form, shall 

contents, etc. gQ^t-^jj^ ^ description of the premises sued for, and of the 
estate or interest therein claimed by the plaintiff, and shall 
be served by the delivery of a copy thereof to the defen- 
dant, or by leaving such copy at his usual place of abode, 
with some person who is a member of his family, and of 
the age of ten years and upwards, at any time before the 
return day thereof; and the time of the service of the 
summons shall be deemed and taken to be the time of the 
Action, when Commencement of the suit. 

tried. ' § 3. In every such action, when said summons shall 

have been served, at least ten days prior to the term of 
court at which said summons is made returnable, said ac- 
tion shall stand for trial at said term as in other actions. 



1869 REVISED STATUTES. 363 

In case said summons shall not be served ten days prior to 
the return term thereof, said suit shall stand continued to the 
next succeeding term of the court, as in case of other ac- 
tions. 

§ 4. That s> much of chapter thirty-six of the revised Repeal, 
code of 18J:5, entitled " Ejectment," as is repugnant to 
the provisions of this act. be and the same is hereby re- 
pealed. 

§ 5. This act shall take effect and be in force from and 
after its passage. 

Appkoved March 26, 1869. 



AX ACT to amend chapter forty-four of the Revised Statutes, entitled "Frauds in force March 
and Perjuries." 27, I8tj9. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That no ac- 
tion shall be brought whereby to charge any person upon 
any contract for the sale of lands, tenements or heredi- 
taments, or any interest in or concerning them, for a 
longer term than one year, unless the said contract, or some 
memorandum or note thereof, shall be in writing, and 
signed by the party to be charged therewith, or some other 
person thereunto, by him lawfully authorized in writing. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 27, 1869. 



AN ACT to amend chapter 47 of the Revised Statutes of 1845. in force Ifarch 

4, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That so 
much of the tenth section of the act, to which this is an 
amendment, as provides that the circuit court shall direct 
the time and place of sale therein ordered to be made, be 
repealed, and the court may, in its discretion, direct the 
guardian to sell without fixing the time thereof in such or- 
der or decree. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 4, 1869. 



304 REVISED STATUTES. 



In force April AN ACT to amend chapter forty-seven of the Revised Statutes of 1845, 
8, 1S69. entitled " Guardian and Ward " 

Section 1. Beit enacted hy the Feople of the State of 
Illinois, represented in the General Assembly, That guar- 
Powers of dians shall have the custody and control of the persons of 
gnardiaD. their wards in all cases where the parents of such ward 

are dead : Provided, that they shall have no power to bind 
out their wards without the authority of the court appoint- 
in 2; such guardian. 
Suits. § 2. Guardians may institute actions in their own 

names in all cases where their wards are entitled to sue. 

§ 3. This act to take effect and be in force from and 
after its passage. 

Approved April 8, 1869. 



19, :860. 



Court to ap- 
point conserva- 
tor. 



In force April AN ACT to amend chapter fifty of the Revised Statutes entitled "Idiots 
and Lunatics," and to extend the provisions thereof to habitual drunk- 
ards. 

Section 1. Be it enacted hy the People of the State of 
Plinois, represented in the General Assembly, That when- 
ever any idiot, lunatic, insane or distracted person, or any 
person whose mind shall be impaired by the habitual use of 
intoxicating liquors, has any estate, real or personal, and is 
unfit, from any or other [either] of the foregoing causes, to 
properly manage or control the same, the judge of the cir- 
cuit or county court in which such person so unfit to man- 
age or control his property shall live, on the application of 
any creditor or relation, or, if there be neither creditor nor 
relation, then any person living in such county, [may] order a 
jury to be summoned to ascertain whether such person be 
lunatic, insane or distracted, or an habitual drunkard and 
unfit to manage or control his property ; and if the jury 
aforesaid shall return in their verdict that such person is 
lunatic, insane, distracted, or that the mind of such person 
is so impaired by the use of intoxicating liquors or from any, 
either or all of said causes, as to be unfit to manage or con- 
trol his said property, it shall be the duty of the judge 
aforesaid to appoint some fit person fo be the conservator 
of such person so declared unfit to manage or control his 
property as aforesaid. 

§ 2. The conservator of such estate so appointed shall 
enter into bond with sutficient security, to be approved by 
the judge of the court in which such proceedings shall be 



1869 REVISED STATUTES. 365 

had, to the treasurer of the county in which such person so 
declared unfit to manage his property resides, in double the 
amount of the personal property and the rents to be derived 
from real et^tate ; and when orders are made for the sale of 
real estate by any court, under the provisions of this act or 
the act to which this is an amendment, additional bonds 
may be required, conditioned for the faithful application of 
the proceeds derived from such sales, according to law. 

§ 3. It shall be the duty of the clerk of any court, on the summons, how 
application of any person, under the first section of this act, ""^turned. 
for the appointment of a conservator for any person alleged 
to be insane, lunatic, distracted, or unfit from any cause to 
manage or control his property as aforesaid, to issue asum- 
monsforsucli person so alleged to be insane, lunatic, distract- 
ed or an habitual drunkard as aforesaid, commanding such 
person to be and appear before said court on the first day of the 
next regular term thereof, to show cause why a conservator 
should not be appointed to manage and control the proper- 
ty of such person ; which summons shall be served and 
returned as summons in chancery are required to be served ; 
and no proceedings shall be had unless said summons shall 
have been served at least ten days before the return day 
thereof. 

§ 4. Such conservator shall have the entire care of the to have entire 
estate, both real and personal, of such insane, lunatic, dis- care of effects. 
tracted person or habitual drunkard, and shall forthwith 
make a true and perfect inventory of said estate and return 
the same into the office of the clerk of the county court of 
said county, where it shall be kept on file, and shall render 
a full and perfect account of his management of such trust 
at least once in each year, to the county court of said coun- 
ty, for its approval ; and the clerk of said county court 
shall enter his account and keep the same in the books of 
said office, in the same manner as the accounts of guardians 
are now or may hereafter be required to be kept by law. 
And such conservator may be allowed such compensation compensation, 
as shall seem just and reasonable to the judge of said court, 
not exceeding the fees allowed by law to executors or ad- 
ministrators fur similar services ; and said circuit or county 
court shall have power to remove such conservator for neg- 
lect of duty or mismanagement of his trust, and appoint 
another in his place. 

§ 5. It shall be the duty of the said conservator to ap- when personal 
ply the annual income and the profits thereof to the support If^l^^ "^^^ ^^ 
of such idiot, lunatic, insane or distracted person, or ha- 
bitual drunkard, his or her family. He shall have power 
to collect all debts due to such person, and to institute suits 
for that purpose, and to adjust and settle all accounts [due] 
from him or her; he may sell or dispose of the personal 
estate to pay his or her debts, or to support him or her, 



366 REVISED STATUTES. 1869 

or his or her familj, and to educate the children of the 
same. 
.i5'''^„„^^®f,o' § 6. The said conservator may sue arid be sued as the 

tiou ma-j issue. ^ ,»-i *ii* •! 

representaUve ot the person lor whom he is appomted con- 
servator as aforesaid ; and execution maj issue in the name 
of and against the said conservator, as representative as 
aforesaid ; and all the property of such person may be sold 
to pay his or her just debts that might or could be sold in 
other cases. 
Overseers to R 7, Qverseers of the poor in every county shall take 

have charge of , <^ ,. 1 i t r. • " 1 • t 

insane. charge 01 the body of any person so msane, lunatic or dis- 

tracted, and shall have power to confine him or her, and 
shall comfortably support such person and make an account 
thereof, and return the same to the county court, whose 
duty it shall be to make an order requiring the treasurer 
of said county to pay the same out of any money in the 
treasury of said county not otherwise appropriated. 
What contracts § S. All coutracts, agreements or credits with idiots, 
to be void. lunatics, insane or distracted persons, or habitual drunk- 
ard [8], after the finding of the jury aforesaid that such per- 
son is unfit to manage or control his or her property, either 
by note, bond, bill or otherwise, shall be void as against 
such idiot, lunatic, insane or distracted person, or person 
declared unfit to manage or control his or her property as 
aforesaid ; but persons making such contracts or agreements 
with such persons as aforesaid shall be bound thereby, 
whentradins: § 9, If auv pcrsou or Dcrsous shall, by trading with, 

deemed swmd- , \ . •' . ^ ^,, ,.''' ,1 ^J 

ling. bartering, gammg or any other device, possess himseli, 

herself or themselves of any property or valuable thing 
belonging to any idiot, lunatic or notoriously distracted 
person, he, she or they shall be deemed guilty of swindling, 
and, upon conviction thereof, shall be liable to all the pen- 
alties as in other cases of swindling ; and any person may 
appear and prosecute with effect. 
vau)r^ay*ife^rel § ^^- [When^ any person for whom a conservator has 
moved. or may hereafter be appointed, under the provisions of this 

act or the act to which this is an amendment, shall be re- 
stored to his or her reason, or may become competent to 
manage his or her property, on account of a reformation in 
his or her habits as to sobriety, then such person may apply 
to the circuit or county court of the county where said 
conservator resides, to have said conservator removed, and 
the care, custody or control of his or her property, or so 
much as may remain, restored to him or her, and the disa- 
bilities provided for in this act removed, by giving notice to 
said conservator, in writing, ten days before the commence- 
ment of the term of the court to which such intended appli- 
cation is made. 
Trial of resto- § H, It shall be the duty of the court to which any 
reason ^^^^ application, as provided in the foregoing section, is 



1869 REVISED STATUTES. 367 

made, on proof that said conservator has been duly notified 
of such application, to cause a jury to be summoned to try 
the question whether said applicant is a fit person to have 
the care, custody and control of his or her property, and if 
the said jury return in their verdict that such person is a 
fit person to have the control of such property as aforesaid, 
I then the court shall enter an order" fully restoring such 
person to all the rights and privileges enjoyed before said 
conservator was appointed : Providtd^ that such conserva- 
tor, so removed, bhall be allowed a reasonable time to settle 
his accounts as such, and to pass over the money or property 
in his hands, and such removal shall not invalidate any con- 
tracts made in good faith by said conservator, while actmg as 
such : Provided^ further^ that no application shall be enter- 
tained for the removal of any conservator appointed for 
any person under the provisions of this act, within less 
than one year from such appointment, unless for neglect of 
duty or mismanagement of his trust. 

§ 12. All acts and parts of acts in conflict with the pro- Repeal. 
visions of this act are hereby repealed. 

§ 13. This act shall take efiect and be in force from 
and after its passage. 

Approved April 19, 1S69. 



AN ACT to amend sections fifty-one (51) and fifty-eight of chapter fifty- ^'^ %'^\^^^'^'°' 
nine (59) of the Revised Statutes, entitled " Justices of the Peace and ' 

Constables." 

Section 1. Be it enacted hy the Peojyle of the State of 
Illinois, represented in the General Assembly, That section 



When nearest 
usiice is 



fifty- one (51) of chapter fifty-nine (59) of the Revised . 
Statutes be so amended that when the justice of the peace qusMedl ^emfe 
nearest to the justice of the peace from whom the suit is to neS^'°"^^'' 
be removed, as provided in said section, is of kin to either 
of the parties, is sick, or absent from the town, or is inte- 
rested in the event of the suit, either as counsel or other 
wise, then it shall be the duty of such justice from whom the 
suit is to be removed to immediately transmit all the papers 
and documents belonging to such snit to the next nearest 
justice of the peace where such dit- ability does not exist, 
who shall proceed as though the said suit had been insti- 
tuted before him. Also, that the defendant or his agent, costs -how, 
making the nath required in said section for the removal of whompa^d. ^ 
such suit, shall pay, or cause to be paid, all the costs therein 
which are occasioned by said removal; which costs shall in 
all cases be charged to and collected from the unsuccessful 
party to such suit; and no justice of the peace shall trans- 



REVISED STATUTES. 1869 



mit the papers and documents belonging to such, suit to 
another justice of the peace until such costs are paid, but 
shall nnniediately proceed with the trial of such suit unless 
said costs are paid. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 27, 1869. 



In force April AN ACT to amend chapter seventv-nine of the Revised Statutes of 1845. 
16, 1869. 

Section 1. Be it enacted hy the People of the State of 

llhnois, represented in the Gcntral Assembly,^ That in pro- 

Solicitor's fee ceedinsfs in any of the courts of this state, for the partition 

m suits for par- ,. ,~ "^ ,. i • . r i^-i i l- 

tition and ot real estate, or for the assignment or [otj dower, or tor 
..<■ ^i^i^g^.^ 1^ q\\q\\ be lawful for the court to order that a rea- 
sonable fee be allowed the solicitor or solicitors prosecuting, 
to be determined by the court, which shall be taxed as 
costs, and divided pro rata between the parties [to] the 
proceeding, according to their respective interests. 

§ 2. This act shall take efliect and be in force from and 
after its passage. 



assiirnaieut of 
dower 



This hill havinc: been returned by the governor with objections thereto, and after 
reconsideration havi;;g passed both houses bya constitulioual majority, it has become 
a law this 16th day of April, A. D. 1869. EDWARD RUMMEL, 

Secretary of State. 



In force March AN ACT to amend the statute relating to Partitions. 

24, 1869. 

Section 1. Be It enacted hy the People of the State of 

Illinois., represented in the General Assembly^ That in all 

Oath of com- proceedings for the partition of lands which are now au- 

missiouer. thorized by the statute of Illinois in relation thereto, the 
commissioners appointed by the court shall take an oath 
that they will fairly and impartially appraise the value of 
the premises sought to be divided ; which oath may be 
incorporated with the oath now required to be taken, and 
be taken in the same manner. 
Report of § 2. If the Commissioners in their report state that the 

commissioners, pj-g^^jj^^gj ca,^ ^q^ \^q divided without manifest prejudice to 
the proprietors of the same, as is now provided by law, 
they shall also state in their leport the value of the pre- 
mises ; and their report in such cases shall be sworn to 

Order of court, before soiiie officer competent to administer oaths. The 
court, in directing the sale of the premises, as is now pro- 
vided by law, shall further order that said premises shall 



1869 REVISED STATUTES. 369 



not be sulci unless twu-tliirds the value specified in the cora- 
iivs.-^ioiiers' report be bid for the premises at the sale thereof, 
or some other sum be bid theretbr greater than two- thirds 
"t" the value thereof, as the court in its discretion may order. 

c< 3. This act shall take efiect and be in force from and 
after its passage. 

Approved March 24, 1869. 



AN ACT to amend chapter eighty of the Revised Statutes, entitled " Pan- In force March 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemhhj, That v^hen- 
ever any credible person shall make complaint in writing suit against 
that any person w^ho, by the provisions of the eightieth Puppmtof pan- 
chapter of the Eevised 'Statutes, entitled "Paupers,"' is per,^^j^^ tow 
liable for the ^support of any insane or idiot pauper, neg-, 
lects or fails to support properly such insane or idiot pau- 
per, and shall present such complaint to the supervisor of 
the town of which such pauper is a resident, or any justice 
of the peace in the justice's district in w^hich such pauper 
may reside, in counties not having township organization, 
it shall be the duty of such supervisor forthwith to com- 
mence an action in the county court of his county, upon 
such complaint, in his name, as supervisor or justice of the 
peace, against such person as defendant so liable for the 
support of such insane or idiot pauper ; and thereupon a 
summons shall issue out of said court requiring such defend- 
ant to appear and answer such complaint, which summons 
shall be served on said defendant at least ten days before 
the return day thereof 

§ 2. The court before which such complaint is made Hearing, 
shall, on the return day of such summons, j)roceed in a 
summary way to hear the proofs and allegations of the 
parties ; and if the court is satisfied from such proofs and 
allegations that the defendant is properly supporting such 
insane or idiot poor person, taking into consideration the 
ability of the defendant and the situation of such insane or 
idiot pauper, the defendant shall be discharged at the costs 
of the complaining witness. 

§ 3. If the court, upon hearing such cause, is satisfied ^^1^^^^°^^^^ 
by the proofs and allegations that the person complained of "'^ ^'^' 
is not supporting such poor person in a manner suitable to 
the situation of such poor person, taking into account the 
ability of such defendant, then the court shall m«ke an 
order authorizing and directing such supervisor or justice 

—47 



370 REVISED STATUTES. 1869 

of the peace to take the custody and control of such poor 
person, and shall further order and direct said defendant to 
pay such sum of money weekly to such supervisor or jus- 
tice of the peace as, in the opinion of said court, is neces- 
sary to support properly such insane or idiot poor person, 
in a manner suitable to the condition of such insane or 
idiot poor person, taking into view the ability of the defend- 
ant to furnish such support, and shall also order said defend- 
ant to pay the costs of the trial ; and such order of the 
court shall be a lien on all the real estate of such defendant 
in the county ; and upon the failure of said defendant to 
pay any weekly installment required by such order, then 
execution shall issue for the collection of all such sums as 
may be in arrear and unpaid at the time of issuing such 
execution, which execution shall be collected in the same 
manner as other executions issuing out of said court. 
Successor to § 4. The succcssor of any such supervisor or justice of 
have cmu-oi. |.|^q peacc shall have the custody and control of such insane 
or idiot pauper, and shall receive from such defendant such 
weekly installments for the support ot such insane or idiot 
^^auper ; and in case such defendant shall refuse to pay the 
same, he may enforce collection by causing execution to be 
issued on such order ; and all sums paid by such defendant 
by virtue of said order shall be applied to the support of 
such j)auper. 

§ 6. This act shall be in force from aud after its passage. 

Approved March 29, 1869. 



lu force 'March AN ACT to amend chapter eighty-three of the Revised Statutes of 1845, 
~«'1869. entitled " Practice." 

Section 1. Be it enacted hy the People of the State of 

Illinois, represented in the General Assembly, That in all 

Plaintiff may actious uow pending or hereafter to be brought against one 

join new parties or more defendants, and the plaintiff, pending such suit, 
shall discover that any other person or persons is or are 
liable with the defendant or defendants in such suit, it shall 
be lawful for the plaintiff to amend his pleadings so as to 
include such person or persons in said suit, and to cause a 
summons to issue against such person or persons, as now 
provided by law against defendants ; and such person or 
persons so made defendant or defendants shall be subject to 
the same rules, and be required to appear and answer as 
fully, as if originally made a party or parties to such suit. 
Judgment- § ^- -^^ ^^^ actious brought against several defendants, 

how gtven. where the plaintiff shall fail to establish his case against any 



1869 KEVISED STATTTTES. 371 

one or more defendants who shall put their joint liability 
in issue by proper pleading, as now required, judgment 
shall be given in favor of such defendant or defendants, but 
the plaintiif shall, notwithstanding, be entitled to judgment 
against such other defendant or defendants as may have 
made the contract sued on : Provided, that this section 
shall only apply to written contracts when the execution of 
the instrument sued on shall be put in issue by plea or 
pleas. 

§ 3. This act shall be in force from and after its passage. 

Appeoyed March 26, 1869. 



AX ACT to amend chapter eighty-three of the Revised Statutes, entitled in foix-g March 
"Practice." 5,1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That in all 
suits at law or in equity, pending in any court of this state if party or 
at any time when the general assembly is in session, it shall ^emffj^ of^th* 
be a sufficient cause for a continuance if it shall appear to geoerai assem- 
the court, by affidavit, that any party applying for such discoDtinr.ed. ^ 
continuance, or any attorney, solicitor or counsel of such 
party, is a member of either house of the general assembly, 
and in actual attendance upon the session of the same, and 
that the attendance of such party, attorney, solicitor or 
counsel in court is necessary to a fair and proper trial of 
such suit ; and on the filing of such affidavit, the court may 
continue such suit ; and when so continued, no trial or other 
proceedings shall be had therein until the adjournment of 
the general assembly, nor within ten days therea^fer. Such 
affidavit shall be sufficient if made at any time during the 
session of the general assembly, showing that at the time 
of the making of the same, such party, attorney, solicitor 
or counsel is in actiial attendance upon such session of the 
general assembly. 

§ 2. This act shall not apply to cases of application for 
continuance by reason of the absence of any attorney, 
solicitor or counsel who shall not have been actually em- 
ployed in such suit prior to the commencement of such ses- 
sion of the general assembly: Provided, that this act 
shall not apply to the practice in the supreme court. 

§ 3. This act shall take efi"ect from and after its passage. 



372 REVISED STATUTES. 1800 



In force March AX ACT to amend chapter 88 of the Revised Statutes. 

29, 1869. 

Section 1. Be it enacted hy the People of the IState of 

Illinois, represented in "ike General Assembly^ That no 

When party partj sliall be liable for the insufficiency of any replevin 

hfsufflcient re- ^^^^''' taken and returned by him in his official capacity, 

pieYinbond. uuless sucli boiid wa^ insufficient when returned, or unless 

suit shall be instituted agaiiist him within three year? cifter 

the cause of action shall have accrned. 

§ 2. This act shall take eiiect and be in force from and 
. after its passage. 

ArPKOTED March 29. 1869. 



In force Apri AX ACT to amend section 1S4 of chapter 109, of the Revised Statutes of 
S, 1S69. 1845. 

Section 1. Be it enacted hj the People of the State of 
Illinois, represented in the General Assembly^ That sec- 
Reai estate tion 13.i, chapter 109, of the Eevised Statutes of 1845, en- 
™ased%Va°r- titled " Wiiis," be and the same is hereby amended so as 
dian- to read as follows : Keal estate may be mortgaged in 

fee or for a term of years, or leased b}' executors or guar- 
dians : Provided, that the term of such lease or the time 
of the maturity of the indebtedness secured by sucn mort- 
gage shall not be extended beyond the time when the heirs 
or wards entitled to such estate shall attain the age of 
twenty-one years, if a male, or eighteen years if a female. 
And, provided, also, this act shall not be so construed as 
to authorize any such mortgage or lease except in pursu- 
ance of the order of the court as provided in section 135 
of said chapter. 
Guardian | 2. Foreclosures of mortgages authorized % this act 

SroefoTe^d.' "^ shall Only be made by petition to the county court of the 
county in which the premises, or a major part thereof, are 
situated, and anj sale made by virtue of any order or de- 
cree of foreclosure, may, at any time before confirmation, 
be set aside by the court for inadequacy of price or other 
good cause, and shall n-^t be binding upon the executor or 
guardian until confirmed by the court, 
eioiuie 'pro- §^' No decree of Strict foreclosure shall be made upou 
hibUed. any such mortgage, but redemption shall be allowed as is 

now provided by law iu cases of sales under executions is- 
sued upon common law judgments. 



1869 RIGHT OF WAY. 373 

§ 4. This act shall take effect and be in force from and 
after its passnge. 

Appeoyed April 8, 1869. 



AN ACT to amend chanter [109] of the Revised Statutes, entitled " Will.-s.' In force March 

31, lSo9. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assemhly, That the 
widow of a deceased person shall be entitled to receive 
what is known as the widow's award, whether her husband 
died testate or inte?tritc, and the same shall be considered 
and classed as number one preferred. 

§ 2. This act shall take effect from and after its pas- 
sage, and all acts or parts of acts in conflict with this act, 
are repealed. 

Appkoved March 31. 1869. 



RIGHT OF WAY. 



AN ACT to amend an act entitled "An ace to amend the law condemning In 'force^ March 
right of way for purposes of internal improvement," approved June ^" ' 

22, 1852. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
proviso at the end of section five of "An act amending the 
law condemning right of way for purposes of internal im- 
provement," approved June -22, 1852, and sections nine- 
teen and twenty of the same act, be and the sp.me are here- 
by repealed. 

§ 2. The provisions of this act and ©f the act to which 
this is an amendment, shall apply to all proceedings- for 
the condemnation of lands by any railroad company here- 
tofore incorporated, or which may hereafter be incorpo- 
rated, except such proceedings as have been already com- 
menced and are now pending. 

§ 3. • This act shall be in force from and after its pas- 
sage. 

Approved March 8, 1869. 



374: KOADS, rUBLTC. 1869 



ROADS, PUBLIC. 



In force^March ^-^ ACT concerning the locating, laying out and opening of public I'onds. 

Section 1. £e it enacted hy the Peojjle of the tState of 
Illinois^ represeoited in the General Assemhly, That in add'i- 
_^j>}of.ice^^^seivcd ^.j^^^ ^^ ^^^ notices DOW required by law in proceedings for 
companies. locating, laying out and opening of public roads, similar 
notices shall be served upon any railroad company across 
or alongside of whose railroad it may be proposed to locate 
a public road : Provided, this act shall not apply to the 
proceedings for opening streets in towns and cities. 
^ Upon whom g 2. The noticcs, as required by this act, shall be served 
upon the station agent of any such railroad company near- 
est to the proposed location of such projected public road. 
§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved March 25, 18G9. 



^" ■"l]!''^^^,^"'"'^^ AN ACT to permit the planting of shade and ornamental trees along pub- 
"' ' ■ lie road?. 

Section 1. JSe it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That it shall 
1)0 lawful for owners or occupants of lands, bordering upon 
any public road in this state, to plaat shade and ornamental 
trees along and in such road, at a distance not exceeding 
one-tenth of the legal width of the road from its margin. 

§ 2. This act shall be deemed a public act, and be in 
ibrce from and after its passage. 

Approved March 25. 1869. - 



]n force March AN ACT to amend tlie road law so far as it relates to the county of 
30, ISW. Grundy. 

Section 1. Be it enacted hy the Peojyle of the State <f 
Illinois, represented in the General Assemhty, That, here- 
after, all taxes levied by [the] county authority or by the 



rejection of act. 



1869 ROADS, STATE. 375 

commissioners of hii^^hways, in the severiil towns of said fo^'^dge'^pu^ 
county of Grnndy, for road and bridge purposes, shall be poses. 
paid to the commissioners of highways of the several 
towns in said county ; and at least three-tburths of the 
money so levied and collected shall be expended in the 
several road districts where the same shall have been so 
levied and collected, for the purpose of keeping the roads 
and bridges in good repair ; and if the said three-fourths 
of the money, so collected in any one or more districts, 
shall be insufficient to keep the roads in good repair, then 
the whole sum so levied and collected shall be expended 
in said district or districts where the same shall have been 
so levied and collected : And he it further j^fovided, that 
should there be any money or moneys remaining in the 
hands of any of the commissioners of highways of any of 
the towns in said county, it shall be the duty of said com- 
missioners to lay out and expend the same on any road in 
any district in their respective towns that they may deem 
most proj)er for the public good. 

§ 3. PTOw'6?d<^, that this act shall first be submitted to Adoption or 
the legal voters of each of the several townships m said 
county of Grundy, for their adoption or rejection ; and in 
case that any one or more towns in said county shall adopt 
this act, by a majority of the legal voters of said town or 
township, then the commissioners of highways in said town 
or townships, so adopting said act, shall proceed to and car- 
ry out all the provisions of this act. 

§ 3. This act to be in force from and after its passage. 

Approved March 30, 1869. 



ROADS, STATE. 



AN ACT to revive an act entitled "An act to locate a state road from Vir- In *':^''^® ^^''^""'^^ 
ginia, in Cass county, to Vermont, in Fulton county, v\a Browning, in '"^^ ' 
Schuyler county, and Astoria, in Fulton county. 

Section 1. Beit enacted hy the People of the State of 
Illinois, represented in the General AssemUy, That an act 
entitled "An act to locate a state^froad from Virginia, in ^'^^^^^J^^'^ 
Cass county, to Vermont, in Fulton county, via Browning, *^° 
in Schuyler county, and Astoria, in Fulton county," ap- 
proved February 10, 1853, be and the same is hereby re- 
vived; and that John E. Haskall of Cass county, James 



376 ROADS, bTATE. 1869 



W. Watt of Schuyler county, and Thomas J. Kinney of 
Fulton county, be appointed commissioners instead of those 
therein named. 

§ 2. That said commissioners, or any two of them, 
sliall meet at Virginia, in Cass county, on the first Monday 
of April next, or within three months thereafter, to dis- 
charge the duties required of the commissioners in said act 
appointed. 

g 3. This act to be a public act, and to take eliect and 
be in f'>rce from and after its passage. 

Appkoved March 26, 1869. 



force ]VIarch 
27, 1SG9. 



AX ACT 10 vacate a part of a state road iu Claik couritv, lUincis. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
public highway, known as the "old state road," leading 
from Darwin, in Clark county, to Charlesttm, in Coles coun- 
ty, Illinois, be vacated and disannulled, so far as it runs 
di.igonally or otherwise across the east half of the south- 
west quarter of section thirty-four (34), in township num- 
ber twelve {VI) north, of range fourteen (14) west, in Clark 
county, Illinois. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved March 27, 1869. 



In forte March AN ACT to re-locate a part of the state road leading from Mattoon, in 
20. 1SG3. Coles county, west of the Okaw river, in Shelby county, to the Shelby- 

ville and Sullivan road. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That David 

Commissioners. Raett, Wade H. Brown and Martin V. Quigley, of the 
county of Shelby, be and are hereby appointed commis- 
sioners to re-locate that part of the state road commencing 
in the K. E. ^ of section sixteen (16), township 12 JN., K 
(.')) five east of the 3d P. M., at ornear Jehial Ross', on the 

Route of road, aforesaid state road, '^thence running south-westerly to or 
near the mouth of Eagle creek, where it empties into 
Okaw river, iu section twenty-four (24), township (12) 
twelve north, range (4) four east of 3d P. M., thence west- 



1869 KOADS, STATE. 377 

wardly or north-westerly to the north-west corner of sec- 
tion (33) twenty- three, township 13 N., R. 4 E. of 3d P. M., 
thence west on section Unes to the quarter section corner 
between sections (16 and 21) sixteen and twenty-one, in 
said township 12 N., R. 4: E., of 3d P. M., and to the inter- 
section of the Shelby ville and Sullivan county road. 

§ 2. Said commissioners, or a majority of them, shall, width of road, 
within a reasonable length of time, proceed to lay out, re- 
locate and make said part of said road of the width of four 
rods, as provided in the preceding section, on the most 
eligible ground, avoiding, as much as possible, damage to 
private property. 

§ 3. Said commissioners, after completing the re-loca- Toflie report 
ting of said part of said state road, shall file their report, and floid notes, 
together with the report of the surveyor, with plat and 
field notes, fully describing the route adopted, with certifi- 
cate duly sworn to, in the otfice of the county clerk of 
Shelby county. 

§ 4. Said commissioners shall employ a surveyor and compensation. 
such other assistants as are necessary to carry out the pro- 
visions of this act, and said commissioners shall receive 
each three dollars, the surveyor four dollars, and the chain- 
men and other assistants each two dollars per day, for the 
time employed by them in carrying out the provisions of 
this act, to be paid out of the funds belonging to the county 
of Shelby, on warrant of the board of supervisors of said 
county. 

§ 5. Said commissioners shall assess the damages, if Damages to 
any, taking into consideration the benefits arising from the Reassessed, 
re-laying of said road, as well as the damages that may 
arise from the same, and their warrant or certificate of the 
amount for damages, either for re-locating or opening the 
same, shall be final, and their certificate shall be sufiBcient 
evidence for the board of supervisors of Shelby county to 
issue orders on the treasurer of said county to pay the 
amount of said assessment to the parties legally entitled to 
the same. 

§ 6. It shall be the duty of the board of supervisors of Duty of super- 
Shelby county, state of Illinois, within one year of the time ^^^'^^^' 
of re-locating of said part of said state road, to build or 
cause to be built a good and substantial bridge across 
Okaw river where said road crosses the same, and keep in 
good repair the same for the term of five years after the 
completing of the same, and the said commissioners shall 
superintend the buildins: of said bridge. All expenses for 
the building and superintending of the building of the sheiby county 
same, to be ])aid out of the funds of said Shelby county, on pmsel "' 
orders issued by said board of supervisors of Shelby county 
on the treasurer of said county ; said issuing of orders to be 
made as recommended by said commissioners from time to 
time until the bridge is completed. 
—48 



378 ROADS, STATE. 1869 

§ 7. This act shall take eifect and be in force from and 
after its passa,o;e. 

Approved March 26, 1869. 



In force April 
17, 1869. 



AN ACT to locate a state road in the county of Cook. 



Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That John 
Commissioners. Conlej, Edward Wilson, John McCaffery, and their suc- 
cessors in office, be and they are hereby created a body 
corporate and politic, by the name and style of "The Cook 
County State Road Commissioners," and by such name shall 
have succession, contract and be contracted with, sue and 
be sued, plead and be impleaded, without a common seal, 
in all courts of law and equity in this state, and be fully 
invested with all the powers which may be needful to carry 
into eflPect all the purposes and objects of this act. 
Filing of plat. g 2. The Said corporation is hereby authorized and em- 
powered to survey, locate, construct and complete a state 
road in the county of Cook, as follows : Commencinjo^ at a 
point in the center of Archer road, (so called) where the 
same crosses the township line between township thirty- 
nine (39), ranaje fourteen (14) east of the third (3d) princi- 
pal meridian, and thirty nine (39), range thirteen (13) east 
of third (3d) principal meridian, said point being 3.74 cliains 
south of the south-west corner of the north-west quarter of 
the south-west quarter of section thirty-one (31), town 
thirty-nine (39), range fourteen (14) east of third (3d) prin- 
cipal meridian ; thence following tlie center of Archer road 
(so called) in a south-westerly direction, course south 51 deg. 
and 45 min., west, a distance of 2,13 chains, to a point in 
said Archer road (so called), where the same deflects to 
the right (or towards the north) 27 deg. and 45 min.; then 
from the angle in Archer road (so called) south 33 deg. 
west, and in a straight line to the north-west corner of sec- 
tion eighteen (18), town thirty-seven (37), range thirteen (13) 
east of the third (3d) principal meridian ; thence south on 
the township line between townships thirty-seven (37), range 
thirteen (13) east of third (3d) principal meridian, and 
thirty-seven (37), range twelve (12) east of third (3d) princi- 
pal meridian, 120 chains, or to the quarter post on township 
line between sections nineteen (19), town thirty-seven (37), 
range thirteen (13) east of the third (3d) principal meridian, 
and section twenty-four (24), town thirty-seven, range 
twelve (12) east of third (3l1) principal meridian ; thence from 
said quarter post south 7 deg. and 45 min. west to the 



1869 EOADS, STATE. 379 

south-west corner of the east half of the sonth-east quarter, 
section tvventy-fuur (24), town thirty-seven (37), range 
twelve (1.:) east of third (3d) principal meridian; thence south 
forty (40) deg., west, to the south-west quarter of the east 
half of the south-west quarter of section three (3), town 
thirty-six (36), range twelve (12) east of the [third] principal 
meridian ; said state road not to exceed eighty (80) feet in 
width, and for such purposes shall have the right of way 
upon, over and across any pubhc road, railroad or plank 
road which now is or may hereafter be constructed in said 
county, and for such purpose shall also have the right of 
way upon and may appropriate to the uses and purposes 
contemplated herein, all the lands necessary for the loca- 
tion, construction and completion of said state road ; and 
upon the filinfir of a plat of such road laid out by said com- 
missioners, in the oihce of the clerk of the county court of 
Cook county, certified by any two of said commissioners, 
the same shall become a public road, and be subject to all 
the laws in force or that may be in force in relation to pub- 
lic roads. 

§ 3. Said commissioners shall have power for the carry- orgaTiization 
ing out the object and purposes of this act to appoint a sur- "^ Jo"i°i-ssioii- 
veyor, and to employ such persons as they shall deem 
necessary, and to fix the compensation and amount to be paid 
such surveyor and employees, to appoint one of their own 
number clerk and treasurer of the corporation, and to allow 
him, for such services as clerk and treasurer, such compen- 
sation as the other two of such commissioners shall deem 
just and proper. The said commissioners shall have power 
to meet from time to time and adjourn as they shall deem 
necessary, and in case of any disagreement of said com- 
missioners, the decision of any two of them shall be deemed 
the act of said incorporation. Said commissioners shall 
take an oath of office that they will well and truly perform 
their duties as such commissioners to the best of their 
ability. In event of a vacancy in the office of commissioner, 
caused by death or refusal to act, such vacancy shall be 
tilled by appointment by the other commissioners. 

§ 4. Said commissioners shall have power to obtain, by construction 
cession, voluntary grant or release of the owner or owners i^atenai. 
thereof, any land, stone, timber or other material necesiary 
for the location and construction of the said road, and if 
any such land can not be so procured, the commissioners 
shall have power to take and pay for the same as in this act 
provided. 

§ 5. The said commissioners shall, within four (4) Estimate of 
months after the passage of this, make an estimate of the ^™^^^^' 
damages, costs and expenses of the location, construction 
and completion of said road, (including among other matters 
therein the value of the land to be appropriated or taken 



380 KOADS, STATE. 1869 

for said road), and having made said estimate they shall pro- 
ceed to investigate and determine whether or not real estate 
to be assessed to pay for said damages, costs and expenses, 
can be found benefited to the extent of the damages, costs 
and expenses so by them estimated as necessary for the 
location, construction and completion of said road. 
Estimate g Q^ If the Commissioners, in making the estimate before 

amount () . referred to, shall find that the damages, costs and expenses 
referred to in section five (5) will exceed the sum of sixteen 
thousand dollars ($16,000), they shall take no further action 
under this act, until by voluntary cession, donation or grant 
sufiicient amount in value of land, stone, timber or other 
materials shall be made to said commissioners, to reduce 
said estimated damages, costs and expenses to the sum of 
sixteen thousand dollars ($16,000). 
Assessment of § 7- Whenever said commissioners shall determine that 

damages. sufficient cstatc to be assessed for said purposes can be 

found benefited, to the extent of the damages, costs and ex- 
penses before mentioned, they shall proceed to ascertain and 
assess the damages and recompense due the owners of the 
land respectively, which shall be appropriated or condemn- 
ed for the purposes of tlie location of the said road ; and at 
the same time to determine what real estate will be bene- 
fited by the said location, construction and completion of 
said road, and assess the damages, together with the costs 
of the proceedings, on the real estate by them deemed ben- 
efited, in proportion, as near as may be, to the benefit re- 
sulting to each separate part or parcel of said real estate. 
Assessment g 8. Said Commissioners shall give ten days' previous 
notice of the time and place of their meeting to make such 
assessment, by publication in some daily newspaper pub- 
lished in the city of Chicago, in said county ; in which no- 
tice they shall describe the land to be appropriated or con- 
demned, as near as may be, by general description. 
Mode of ap- § 9. The Commissioners, in making said assessment, 

praisement. giy^n determine and appraise to the owner or owners the 
value of the real estate appropriated for the said road, and 
the injury resulting to them respectively from the condem- 
nation thereof; which shall be awarded to such owners re- 
spectively as damages, after making due allowance for any 
benefit which such owners may respectively derive from 
such improvement. 
Mode of as- § 10. Having ascertained the damages and expenses of 

eessmen . ^^.^ lucation, construction and completion of said road, the 

commissioners shall proceed to assess the same, together 
with costs of proceedings, upon the real estate by them 
deemed benefited, in proportion to the benefits resulting 
thereto from the improvement, as nearly as may be, and 
shall briefly describe the real estate upon which their assess- 
ments shall be made ; and it shall constitute no legal objec- 
tion to said assessment that the amount thereof either ex- 



1869 KOADS, STATE. S81 

ceeds or falls short of the original estimate of the entire 
cost of the improvement made by said commi&sioners : 
Provided^ said assessment shall not exceed, in the aggre- 
gate, said sum of sixteen thousand (16,000) dollars. 

§ 11. If the assessment prove insufficient another may Additional 

",.,, ^ -, i-i.i xi mode authonz- 

be made \\\ the same manner, and so on until the costs ana ed, provided, 
expenses aforesaid shall be fully collected : Provided^ that 
the total amount to be raised by special assessment shall 
not exceed said sum of sixteen thousand (16,000) dollars, 
or if too large a sum shall at any time be raised, the ex- 
cess shall be refunded ratably to those by whom it was paid. 

§ 12. If from any cause said commissioneis shall fail Non-paying 
to collect the whole or any part of any assessment made for Pegg^gf^^ ^^'^^' 
the purpose aforesaid, the said commissioners may at any 
time cause a new assessment to be levied for the deficiency 
or amount which they have failed to collect, which assess- 
ment shall be made in the same manner as near as may be 
as the first assessment. The property which shall have 
paid uprn any prior assessment stall be credited or allowed 
for the amount respectively paid upon any new assessment, 
and it shall be no objection to any new asse:sment that the 
property originally assessed has changed hands or has been 
incumbered subsequent to faid original assessment. 

§ 13. When the commissioners have completed their obiection, re- 
assessment they shall give notice, of five days' publication, fl/maUou.^ '^°°" 
in some newspaper printed in said city of Chicago, of the 
completion of said assessment, and that they will meet at a 
time and place mentioned in said notice to hear objections 
to said assessments ; the commissioners shall hear any ob- 
jections made by any person interested made at such meet- 
ing, and for that purpose may adjourn from time to 
time, and may revise, correct or amend their assessment as 
to them may seem proper. Said eouiniissioners, after hear- 
ing such objections, and after revising, amending or correct- 
ing their assessment, if they shall have judged the same 
necessary, shall confirm said assessment, and said assess- 
ment, when confirmed, shall be final and conclusive upon 
all parties interested, and no appeal or certiorari shall be 
granted upon such assessment. 

§ 14. The compensation of said clerk and treasurer, compensation 
wages of employees, and all costs and expenses necessarily of oncers, 
incurred in the location, construction or completion of said 
road, and in the making, levying and collecting of any as- 
sessment, shall be deemed part of the cost and expenses 
hereinbefore mentioned, and said commissioners shall have 
power to erect any bridge or bridges that may be necessary Bridges, 
to be erected over any stream or body of water in the line 
of said road ; and such bridge or bridges shall be deemed 
part of the C()Rt of the construction of said road, and the 
cost and expenses of the same shall be included in such as- 
sessments ; such bridge or bridges, when so erected, shall be 



382 



KOADS, STATE. 



1869 



deemed a public bridge or bridges and subject to the laws 

in force at any time after such erection in relation to pubKc 

bridges. 

Aspessmentto § 15- When any asscssment shall have been Confirmed, 

coifnty "^'"ciMk as hereinbefore provided, the t^aid clerk of said commission- 

aud proceeded gj.g g]^Qi\ £1^ the Same iti the office of the countv clerk of 

upon like other . , ,, , i •, i ni , ,i i ,• " i i i , 

aesessments. said OooK county, and it shall be the duty ot said clerk oi 
said county, in the warrant next thereafter to be issued for 
the collection of state and county taxes levied upon the real 
Cbtate in said county, to set down, in a cokimn for that pur- 
pose to be provided, opposite the several lots, pieces or par- 
cels of real estate upon which assessments have been made 
for benefits, as hereinbefore provided, the amounts of said 
assessments respectively ; and it shall thereupon be the 
duty of the respective town collectors of the state and 
county taxes of the towns in said county respectively in 
which the real estate so assessed by said 'commissioners 
shall be situated, to collect the said assessments, and enforce 
the payment thereof in the same manner and with all the 
rights, powers and authority that he, such collector, has to 
collect state and county taxes, and shall pay the same over 
to said treasurer of said commissioners, at the same time 
that lie is required to pay overlie county revenue; audthe 
proper court of said county shall render judgment against 
and order the sale of any lot, piece or parcel of real estate 
for the non-payment of the said assessments and costs, in 
the same manner as is or may be provided for state and 
county taxes, and judgment shall be rendered for the ag- 
gregate amount, for county,. state and other taxes, and the 
assessments aforesaid. The sale shall be conducted upon 
the same notice and judgment and in the same manner as 
is or may be provided by law for state and county taxes. The 
right of redemption shall exist and be exercised in the same 
manner, and deeds for property sold for any assessment 
levied under this act shall be executed by the same per- 
sons, and shall have the same eff'ect as evidence as deeds 
executed in pursuance of the laws now in force or herein- 
after to be enacted, providing for the collection of state and 
county taxes in counties adopting the township organiza- 
tion. The collector shall receive the same compensation 
fir the collection of the said assessment as is allowed for 
the collection of the state and county revenue, to be paid 
out. of the proceeds of such assessment when collected. 

§ 16. All laws or parts of laws inconsistent with this 
act, are hereby repealed. 

§ 17. This act shall be a public [act], and shall take efi'ect 
on and after its passage. 

Approved April 17, 1869. 



Conflicting 
acts annulled. 



1869 ROADS, STATE. 383 



AN ACT to vacate a road therein named, and re-locate the same. In force 'Marcli 

ol, loba. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That Marcel- 
lus Keys, John Y. McCulloch and John Moss, be and they Edgar, 
are hereby appointed commissioners to vacate and relocate 
so much of the Steam Point road described as follows : 
commencing at a point where said road crosses the boun- 
dary hne in section eigh