Digitized by tine Internet Arcliive in 2010 witli funding from CARLI: Consortium of Academic and Researcli Libraries in Illinois http://www.archive.org/details/compilationoflawOOilli NEW EDITI'OlSr-1.8 6 7. \ A r OMPIL A/PTO N OF THK LAWS OF ME STATE OF. ILLINOIS-,. • ItRt'AtlXf^.iTO TOWNSHIP ORGANIZATION, 10 Wincn ►ARK ADDED MMEROrS T^nAnTTrAT. FOPvATS. r-npfOTiS! NOTES, BY. WAY OF INSTRUCTION, SUP?f''T;TFn \\\ REFERENCE TO .^IVJUDICATED. CA^ES. •NEW EDITION, ENLARGED A^■l ' ! - )\^,T), CONTAINING ALL THE LAWS ON THE SUBJECT, i" ' AND INCLUDING THE ACTS . . .. By ELIJAH M. IIATNES, <'OUNSEL,OK AT 1.A^\', ("oinijiler of "Town Laws of Wisconsin," and "Townsliip Liiwg of Micbigan," and author of ■• The ProbatB Mannal," and '"A Treatise for Justices of tlie Peace and Constables." (' H I V A GO: LAW BOOKSELLERS AND PUBLISIIERS. i 1 ' !=» -S. I- O E ^1.25 ON THE MECHANICS' LIEN LAW IN THE UNITED STATES. By LOUIS HOTJOIi:, COUNSELOR AT LAW. One Volume, 8vo., - - Price $3 50. A separate Treatise on the Mechanics' Lien Law has been a desideratum long felt by the legal profession. The number of cases under the Statutes of the different States daily increase, and a compendium, short and comprehensive, must be o^ great utility. The author, in this work on the Mechanics' Lien Law, treats of the nature of the law; the construction of the statutes; the parties to the lien; the contract; the priority; the extent; the duration of the lieu; and, how the rights of married women are affected by it. Henceforth this work must be an authority on the subject. No lawyer should be without it. Mechanics, lumber merchants and contractors also would do well to purchase this work. PUTERBAUG-H'S Illinois Pleading and Practice. SECOND EDITION— REVISED AND ENLARGED. A Practical Treatise on the Forms of Common Law Actions, Pleadings and Practice, now in use in the State of Illinois and other States and Territories retain- ing the Common Law practice, BY SABIN D. PUTERBAUGH, ATTORNEY AT LAW. The work has been thoroughly revised, enlarged and improved. Several entirely new Chapters have been added,. viz.: "Habeas Corpus," with forms of Petitions, Orders, Returns, etc. ; " Partition " aud " Dower," with precedents of Petitions, Bills, Orders, Decrees. Reports of Commissioners, Orders of Sale, etc.; "Divorce," with forms of Bills and Decrees adapted to the various causes Of Divorce prescribed by Statute, etc., including Petitions and Orders for Alimony, pendente lite] etc., etc.; " Quo Warranto," etc.; "Scire Facias," etc. This edition will contain numerous Precedents in Chancery, adapted to the practice in this State, including Bills to Foreclose Mortgages, Bills for Specific Performance, Creditors' Bills, Bills Of Inter- pleader, Supplementary Bills, Cross Bills, etc., etc. Also, An.swers, Pleas, Demurrers, Replications, etc., etc. Interlocutorj' Orders, Answers of Guardians, ad Litem, Deci'ees, etc., etc., and other forms connected with the Chancery Practice. Price, $7 50. Address Orders to CALLAGHAN & CUTLER, Publishers, .- tjall town officers. Article 17 has been materially amended, .issessments for road labor, and commutation and finds or penalties. The biiluiice uf the changes will be fouucl m the amendatory acts in the APFKNOIX, lullow- ing the subject of drainage. April 3, 1867. E. M. HAINKS. Entered according to the Act of Congress, in the year 1865, By ELIJAH M. HAINES, In the Clerk's Office of the District Court of the United States, for the Northern District of lUinoia HORTON 4 LEONABD, CHIOAGO TTPK FOUNDBT -. PRINTERS, J- CON AH AN, oniOAOO. STKBEOTTPKK. PEEFACE. The Act to provide for township organization having been thoroughly revised at the late session of the Legislature, and several other acts relating to the subject, likewise having passed, a new edition of a compilation of township organization laws is called for ; indeed, the changes in the law are such as to entirely supersede the act of 1851 and acts amendatory thereof. The township organization law of this State, as originally enacted, was bor- rowed from the law of the State of New York, but in adapting it to our general statutes, many omissions, errors and imperfections occurred, which have long demanded correction. This work was undertaken at the late session of the General Assembly, the object of the Legislature being to preserve as much of the act of 1851 and amendatory acts as could consistently be retained, making necessary corrections, and to add such new provisions as experience under the system seemed to demand, and withal to make no further changes in the law than were actually necessary to perfect the system, and adapt it to our general statutes. The subject originated in the House of Representatives, and was referred to the Committee on Township Organization, with instructions to inquire into the expediency of reducing the act to provide for township organi- zation and the several amendatory acts into one act, and to amend the same, and report thereon. This committee consisted of Messrs. Wilmarth, Haines, Terry, Cummings, Broadwell, Harris of Bureau, Harris of Shelby, Allen, Har- rington and Stoddard, being selected with reference to their familiarity with the subject ; and the compiler, as one of their number, would testify to the great zeal and efficiency with which Messrs. Wilmarth, Cummings, Harris of Bureau, and indeed all his fellow committee-men, prosecuted the work assigned them. The aim of the committee was to reform, as far as possible, the errors and con- fusion existing in the old law, and to arrange the different subjects comprised, under distinct heads, in methodical order, rendering the act more perfect in itself, and a reference to any portion of it more easy and convenient. The time allowed the committee during a session of six weeks, in the midst of other pressing, and not less important legislative duties, was necessarily short, com- pared with the labor and care which this important subject demanded ; if, there- fore, some errors have chanced to occur or to escape^'thei*: aftention, it would not be surprising. .■:, ^ ' The bill as reported by the committee, passed both Houses wi^-great una- nimity, and is now before the people as the law ; and it is the earnei^t k^^^f those who were engaged in the subject, that it may meet the approva? people. The committee of the Senate to whom the subject was then refer^ of which Hon. Washington Bushnell of La Salle was chairman, gave the matter^ IV PREFACE. deliberate consideration, and to no one is more praise due, than to Mr. Bush- nell for the unceasing labor he bestowed, and the interest he manifested in the subject. It has been the object of the compiler to furnish in the present compilation, not only the township organization act, but also all the statute law in force which is applicable in counties adopting township organization, as far as it relates to or has connection with that system and the powers and duties of officers under it. The notes and forms are added as usual, at the foot of the page, and car- ried along in connection with the subject of the text, presenting the whole on the same page, and rendering the book of more value for convenience of refer- ence. A large number of new forms has been added, and the notes and instruc- tions have been greatly improved and enlarged by citing additional authorities, with the late decisions of the Supreme Court of our own State. The contents of the sections are indicated by side notes, as being more convenient and satis- factory than the insertion of heads over each section, according to the plan of former editions. These side notes the compiler has prepared himself, and ren- dered them much more full than they appear in the laws published by authority of the State. The plan and entire arrangement of this compilation, the compiler claims to be original with himself, and has secured the copy-right under the laws of the United States. The plan of preparing and publishing laws of this nature, in the style of this compilation, has attracted the attention of other States, where the like system of self-government exists ; and the compiler has, by State authority, furnished like compilations of laws for the States of Wisconsin and Michigan, showing the estimation in which his works are held in neighboring States. Trusting in a continued Uberal patronage at home, the renewed efforts of the compiler to be useful are submitted to the consideration of a generous public. ELIJAH M. HAINES. Waukegan, III., April 25, 1861. PLAN OF THIS COMPILATION AND EXPLANATIONS. For information as to the matter contained in this compilation, reference will be had to the Table of Contents following. The various subjects embraced, have been classed under separate heads, entitled Divisions, each Division comprising as far as practicable a distinct subject. • The main features of the new township act, comprised in Division I., remain as enacted by the General Assembly in 1851 ; the subsequent changes are noted in the margin at the side of the Bection, by figures indicating the year of the session at which the changes or amendments were made. Wherever those indications occur, it denotes that the section against which they occur are ■wholly new provisions, or have been to some extent amended ; those sections against which such indications do not occur, remain as enacted in 1851. An Appendix is added embracing the acts affecting township organization, passed at th9 special session of April, 1861, embracing also other important laws of a general nature, rendering the compilation more complete. A Ust of the organized townships in the State to April, 1861, is likewise added. TABLE OF CONTENTS. DIVISION I. GENERAL PROVISIONS CONCERNING TOWNSHIP ORGANIZATION COM- PRISING TOWNSHIP ACT OF 1861. AETICLE I. PAGE. 13-16 Proceed rNGS to adopt township organization, ARTICLE II. Of the powers and rights of towns as bodies corporate, 16-17 ARTICLE IIL Of the alteration of boundaries and division of towns, and EFFECT thereof ON THEIR CORPORATE PROPERTY, 17-21 ARTICLE IV. Of TOWN MEETINGS AND THE POWERS OF ELECTORS, 21-28 ARTICLE V. Of THE METHOD OF CONDUCTING TOWN MEETINGS, 28-35 ARTICLE VL Of QUALIFICATION AND TENURE OF OFFICE, 35-40 ARTICLE VIL Vacancies in town offices, and the manner of filling them, 40-41 ARTICLE VIIL Of supervisor and his duties, 42-44 ARTICLE LX. Of town clerk and his duties, 44-45 ARTICLE X. Of the board of auditors of town accounts, 45-47 ARTICLE XL Of the compensation of town officers, 47-48 ARTICLE XIL Of legal proceedings in favor of and against towns, 48-50 ARTICLE Xm. Of the powers and eights of counties as bodies corporate, 50-51 ARTICLE XIV. Of the board of supervisors, 51-55 ^ TABLE or CONTENTS. ARTICLE XV. Of the county treasurer, 55-58 ARLICLE XVI. Miscellaneous provisions concerning the assessment of property and the collection of taxes, 58-g3 ARTICLE XVIL Of koads, highways and bridges, 63-110 DIVISION n. ELECTIONS, 111-130 DIVISION III. INCLOSUEES AND FENCES, 131-141 DIVISION IV. PAUPERS, 142-148 DIVISION V. EEVENUE. Assessment and collection, 149-183 Collection, 183-207 Miscellaneous, 207-210 DIVISION VI. MISCELLANEOUS PROVISIONS. Bridges, 211 Census, 211-212 Counties and county commissioners' courts, 212-221 County courts, 221 County treasurer and county funds, 222-226 Dogs, 227 Estrays, 227 228 Highways, 228 229 Law of the road, 229-231 DIVISION VIL LOCAL AND SPECIAL PROVISIONS, 232-241 APPENDIX, 243-271 rNTRODUCTION. The system of township government or organization, as at present existing in the northern and eastern states, originated in New England, and is an evidence of the confidence which the early patriots of those colonies entertained in the ability of the people to govern and legislate for themselves. Township organization is of modern date, and no scheme having' much similarity to it can be found in ancient history. The municipal divisions of Athens and the other ancient i-epublics were rather into castes or social ranks, than ten^itorial; although the "demes" of ancient Athens, the Roman and Grecian colonies, and at a later day the free cities of mediaeval Europe, possessed more or less of the privileges of a municipal corporation, such as choice of voters, elec- tion of officers, possession of a seal, management of funds, and the like. These cases, however, are exceptions ; isolated instances of the universal instinct for self-government which is born with all men, but repressed under non-elective and irresponsible governments. King Alfred, about A. D. 871, in order to prevent the rapines and disorders which prevailed in the realm, instituted a territorial division, however, which probably contains the first genu of our American idea of a township. This was, a division of the kingdom into "tithings," an Anglo-Saxon term equivalent to "tenthings," or groups of ten. Each tithing was the area inhabited by ten contiguous families, who were "frankpledges," i. e. free pledges or sureties, to the king for each other's good behavior, and were bound to have any offender within their district forthcoming. One of the principal inhabitants of the tithing was annually appointed to preside over it, entitled tithingman or headborough, being supposed the most discreet man within it.' As ten families constituted a tithing, so ten tithings (l)lBl.Com., 114. VUl INTEODUCTION. formed a hundred, governed by a high constable or baihfF; and an indefinite number of hundreds composed a shire.^ Tithings, towns or vills, were in law of the same signification. The word town or vill has, it seems, by the alteration of times and languages, now become in England a generical term, comprehending under it the several species of cities, boroughs and common towns. A city, says Blackstone, is a town incorporated, which is or hath been the see of a bishop. A borough is understood to be a town, either corporate or not, that sendeth burgesses to parliament. Other towns there are, says the commentator, which are neither cities nor boroughs ; some of which have the privilege of markets, and others not ; but both are equally towns in law. In several of these towns there are small appendages belonging, called hamlets. These little collections of houses are sometimes under the same ad- ministration as the town itself^ sometimes governed by separate offi- cers, in which last case they are to some purposes in law looked upon as distinct townships. The inhabitants of these tithings, towns or vills in England, pos- sessed but few powers or privileges ; on the contrary, their officers were all appointed from without, and they had no voice in their local concerns. We now come to consider the first rise of the town organization in America. Tliis appears, so far as the records show, to have been substantially a result of the experience of practical inconveniences, which the Puritans took such means to remedy as were suggested to them by their home recollections, but with whatever modifications their remarkably direct and practical common sense suggested. The New England colonies were at first governed by a "general court," or legislature, composed of a governor and a small council, which court consisted of the most influential inhabitants, and possessed and exercised both legislative and judicial powers, which were lim- ited only by the wisdom of the holders. They made laws, ordered their execution by officers, tried and decided civil and criminal causes, enacted all manner of municipal regulations, and in fact did all the public business of the colony. The first legal enactment to establish towns, that of the General (1) Shire is a Saxon -word signifying a division ; but a county, Comitatus, is plainly derived from comes, the Count of the Franks, that is, the earl or alderman (as the Saxons called him) of the shire, to whom the government of it was intrusted. This he usually exercised by bis deputy, still called in Latin vice cnmcs, and in English the Sheriff, Shrieve or Shire-reeve, signifying the officer of the shire upon whom, by process of time, the civil a4miniatriition of it now totally devolved.—! Bl. Com., 117 INTRODUCTION. ix Court of Massachusetts, of March, 1G35, so far as it indicates any motive, impUes convenience only as the reason of the law. It pro- vides that whereas "particular towns have many things which concern only themselves, and the ordering of their own affairs, and disposing of business in their own town," therefore "the freemen of every town, or the major part of them, shall only have power to dispone of their own lands and woods, with all the appurtenances of said towns, to grant lots, and make such orders as may concern the well ordering of their own towns, not repugnant to the laws and orders established by the General Court." They might also impose fines of not more than twenty shillings, and "choose their own particular officers, as constables, sux-veyors for the highways, and the like.'" Evidently, this enactment relieved the General Court of a mass of municipal details, without any danger to the powers of that body in controlling general measures or public policy. Probably also a demand from the freemen of the towns was felt, for the control of their own home concerns. Similar provisions for the incorporation of towns were made in the first constitution of Connecticut, adopted in 1639; and the plan of township organization, as experience proved its remarkable economy, efficacy and adaptation to the requirements of a free and intelligent people, became universal throughout New England, and went west- ward with the emigrants from New England, into New York, Ohio, and otlier Western States, including the northern parts of Illinois. But a different policy determined the character of the municipal institutions of the southern part of our state. This was the " county system." This plan originated with Virginia, whose early settlers soon became large landed proprietors, aristocratic in feeling, living apart in almost baronial magnificence on their own estates, and owning the laboring part of the population. Thus the materials for a town were not at hand, the voters being thinly distributed over a great area. The county organization, where a few influential men man- aged the whole busmess of the community, retaining their places almost at their pleasure, scarcely responsible at all except in name, and permitted to conduct the county concerns as their own ideas or wishes might direct, was moreover consonant with their recollections or traditions of the judicial and social dignities of the landed aristoc- racy of England, in descent from whom the Virginia gentlemen felt so much pride. In 1634, eight counties were organized in Virginia; (1) Palfrey, History of New England, vol. 1, p. 434. INTRODUCTION. and the system, extending throughout the state, has spread into all the southern states, and some of the northern states, unless we ex- cept the nearly similar division into " districts " in South Carolina, and that into "parishes," retained by Louisiana from the French laws. Illinois, which with a vast additional territory, became a county of Virginia on its conquest by Gen. George Rogers Clark, retained the county organization, which was formally extended over the state by the constitution of 1818, and continued in exclusive use until the consti- tution of 1848. Under this system, as in other states adopting it, most local business was transacted by three commissioners in each county, who constituted a county court, with quarterly sessions. Dur- ing the period ending with the constitutional convention of 1847, a large portion of the state had become filled up with a population of New England birth or character, daily growing more and more com- pact and dissatisfied with the comparatively arbitrary and inefiicient county system. Under the influence of this feeling the constitutional provision of 1848, and subsequent law of 1849 were enacted, per- mitting counties to adopt a township organization ; according to which all the counties north of the Ilhnois river, and a large number south of it, have so organized. The main argument for township organization is, perhaps, its ex- treme value as a school of political action. The clearest and best writer on American institutions, Alexis de Tocqueville, in liis cele- brated work, " Democracy in America," says : " Local assemblies of citizens constitute the strength of free nations. Municipal institu- tions are to liberty what primary schools are to science ; they bring it within the people's reach, they teach men how to use and how to enjoy it."' Did space permit, an astonishing mass of unanimous testimony to the same point could be cited from practical statesmen, old and new, foreign and native; from Lieber, Malesherbes and Guizot, Webster and Choate, Adams and Jefferson, Sumner, Parker, and many more. These small independent republics, with their unlimited sovereignty in matters of local concern, are the cradles and nurseries of that habit of political debating and acting, which is the indispensable training of an intelligent and useful citizen. It is not claimed, of course, that each township should exercise so unbounded an authority as belonged to the ancient republics ; but only that they should use it in reference to local matters, which in- (1) Democracy in America, chap. 6, part 1. INTRODUCTION. XI terest them only, and which no others can understand or direct so well. In the immense territories which form the states of the Union, or in the Union itself for federal concerns, it is impossible for all the voters to meet and transact the business of government. Hence that modification of a " pure democracy," which has given us our repre- sentative system of government. K such a universal meeting were conveniently practicable, it would be practiced ; in that case, no voter would delegate by authority ; but it is not. In town business, how- ever, it is practicable. The people of a township can readily meet for conference, and discuss and decide all the multitude of local interests which concern their township, with a far better understand- ing of them than any agent or representative could exercise. The great extent of the territory of the state of New York, from which the township system as adopted in this state is chiefly derived, rendered it impossible or at least impracticable to send a representa- tive from each town to the popular branch of the state legislature, as was done in the New England states. Under these circumstances, an intermediate board was created in each county, called a board of supervisors, and composed of one delegate from each town. This board formed a deliberative, or kind of legislative body, taking a large portion of the powers delegated in the New England States to the state legislatures. It has been made an objection to this plan of organization, that it increases the expense of transacting the business of the county. But the answer is believed conclusive ; that the only additional expense, if any, arises from the excess of compensation paid to the additional members of the county board ; while the fact is that the business of the county is much reduced under the town organization, and not one-fourth of the time is required to transact the business. Besides, a cheap government is not necessarily the best. Cheapness is not the primary object in choosing a government, but excellence. If cheap governments were the only thing required, we should abolish the legislative branch of our state government, and leave our laws to be made by the executive or the supreme court. Or, which would be still cheaper, perhaps, we could let out the making of our laws by contract and competition to the lowest bidder, or to whomsoever would pay the state most for the privilege. There would be no want of proposals. It has just been observed that the township system as adopted in this state is the same as that of the state of New York, which differs in some respects from that of New England, and may, perhaps, be r*insidered to some extent an improvement upon the system in those Xll ■ INTRODUCTION. "states. But in all these states, various questions have from time to time arisen under the peculiarity of the law, for the determination of the courts ; the adjudications of which may be gathered from the reports of cases determined, and serve as a precedent or guide for such other states as may adopt a Hke system. In the state of New York, in particular, from which the township law of this state has been in most respects literally copied, the courts, it would seem, have determined nearly every question of importance which can possibly arise under the system ; ' hence it has been the aim in this work to add full notes with references to those cases, together with those of our own and other states, irluch will serve not only to guide the inex- perienced, but may be found of much service to the profession by furnisliing a ready reference to adjudicated cases. The forms which have been adopted as far as could be found applicable, are taken from those most approved in the state of New York. . It is therefore con- fidently believed that this portion of the work will likewise meet with general favor. No pains or labor has been spared to make a concise and perfect legal guide for town officers, and others who mav be called upon to render service under the law. (1) Where a statute is copied from one in another state, which has there received a construe tion which is consistent with the spirit and policy of our laws, such construction may with pre- priety be adopted by our courts. — Kigs v- Wilton, 13 Ills., 15. LAWS OF ILLINOIS, RELATIVE TO TOWNSHIP OKGANIZATION. DIVISION I. GENERAL PROVISIONS CONCERNING TOWNSHIP ORGANIZATION. AN ACT to reduce the act to provide for Township Organization, and the j^ ^^^^ t^^^ j several acts amendatory thereof, into cue act, and to amend the same. 1861. " ' ARTICLE FIRST. PROCEEDINGS TO ADOPT TOWNSHIP ORGANIZATION. Section 1, Be it enacted by the People of the State of Illinois, coxinties may represented in the General Assembly, That at any general election "^'''? ''1'" 'T .. 1 1 1 11 • 1 1 • • 1 ."^ ^ , , against aaoption, that may be holden in the several counties in this State, the quah- fied voters in any county may vote for or against township organi- zation in any county in this State. § 2. The county court, on petition of fifty legal voters of said QnePtionofadop. county, shall cause to be submitted to the voters of the county the JiXd ou p" ti- question of township organization, under this act, by ballot, to be ^'^°^- written or printed, or pai-tly written or partly printed, " For Town- ship Organization," or "Against Township Organization," — to be canvassed and returned in like manner as votes for State and county officers.' § 3. The clerk of the county court shall enter an abstract of Election retums. 1 For7n of Petition to County Court for submission of question of Township Organization. To the Honorable the county court of the county of Sangamon : The undersigned, legal voters of said county of Sangamon, would re- epectfully represent, that in their opinion the people of said county desire to adopt township organization : they do therefore petition your honorable body, to cause to be submitted to the voters of said county, at the next gen- eral election, to be held on the first Tuesday after the first Monday in Novem- ber next, the question of township organization, that they may vote upon the adoption thereof. And your petitioners will ever pray. Dated this day of , A. D. 18—. 14 GENERAL PROVISIONS. [DIV. 1. cu'rk to certify the rctums of said election, to be made out and certified as in elec- Stor.'^*°"" tions for State and county officers, record the same at length upon the record of the county court of the county, and shall certify the same to the Auditor of Public Accounts. Majority Tote § 4. If it shall appear, by the returns of said election, that a re^-iire . majority of the legal voters of said county are for township organ- ization, then the county so voting in favor of its adoption shall be governed by and subject to the provisions of this act, on and after the first Tuesday of April next succeeding: Provided, that a majority of the voters voting at such election shall be taken and deemed a majority of the voters of said county.^ County coiirt to § 5. The county court shall, at its next session, appoint three sK>aeis'to°awde Commissioners, residents of the county, to divide the county into county. towns or townships ; and the said commissioners' services shall be audited by the first board of supervisors, and paid by the county. Manner of divid- § 6. The commissioners shall proceed to divide such county mg into towns. Jjj^q towns, by making as many towns as there ai-e townships, ac- cording to government surveys. Where fractions of townships are Fractional toTm- caused by the county lines not being in accordance with the sur- sw?*- veyed townships, then the commissioners may attach such fractions to adjoining towns, where the number of inhabitants or the amount of territory shall not be sufficient for a separate town. Where a Frictions may be surveyed township shall have too few inhabitants for a separate ^*""* ■ organization, then such township may be added to some adjoining town, or such township may be divided between two or more towns, When creeks or for the time being. And when creeks or rivers may so divide such rivers diyide. township as to be inconvenient for transacting town business, then such creek or river may be made the town boundary, and the town fractions so formed may be disposed of as fractions caused by county lines.^ Naming of tomis. § 7. Towns shall be named in accordance with the express wish of the inhabitants of the town ; and if there shall not be a degree of unanimity as to the name, the commissioners may desig- nate the name. Report of coin- § 8. The Commissioners so appointed shall make a written re- mufloners. (1) The right of a county to adopt township organization under the provisions of our con- stitution, is expressly made to depend upon an afRnnative vote of a majority of all the citizens witliin the county, entitled to vote on the question The legislature does not possess the power to provide any other mode of township organiza- tion than under and by virtue of the sixth section of the seventh article of the constitution The power of the county court over a business of the county, continues until the to^vnship organization is adopted by an affirmative vote of a majority of all the legal voters of a county. — People V. Broxvn et al., XI Ills., 478. This decision was made under the township act of 1849, which was substantially the same as this act on the subject in question, except that by tliis act it is provided that a majority of the voters voting at such election shah be taken and deemed a majority of the voters of said county which is settling the question of evidence, by which to determine the majority of legal voters of the county at the time of taking the vote. (2) It is the intention of the law that the division of the county into towns by the com- missioners, shall be made in accordance with the lines of the surveyed or government town- ships, so that each government to\vnship shall be set off and erected as an organized town under this act, and it is the duty of the commissioners to divide the count}- accordingly ; it would seem that they have not authoritj- to divide it otherwise. The instance.s where they can depart from this rule are clearly expressed in the above section. The powers of the board of supervisors subsequently to create new towns and change town boundaries, are not thus restricted. See Sec. 1, Aet. TaiRD, pose, p. 17. ART. 1.] PROCEEDINGS TO ADOPT. 15 port of their proceedings, giving the names and bounds of each town, and present such report to the clerk of the county court, on or before the first day of March next succeeding.' § 9. The clerk of the county court shall thereupon make out Fii-at town meet- notices for each town, designating a suitable place for holding the '°^'' first town meeting in such town, which shall be holden on the first Tuesday of April next thereafter, and shall deliver such notice to the sheriff of the county, who shall cause the same to be posted in sheriff post no- not less than thx-ee of the most pubhc places of the township, and *"^®^' not less than fifteen days before the first Tuesday in April afore- said.^ 1 Form of Report of proceedings of commissioners appointed to divide county into Towns. To the Honorable the county court of the county of Sangamon : The undersigned, commissioners appointed by said court at the December term thereof, A. D, 18 — , to divide said county of Sangainon into towns, agreeably to the statute to provide for township organization, respectfully report, that they have performed the duty assigned to them, and have divided said county into towns and given names thereto as follows, to wit : All that territory known and described by government survey as township number — , of range number — , is erected mto a town to be called the town of . All that territory known and described, &c., [continue by describing each town as aforesaid.) All of which is respectfully submitted. A. B., \ C D., >• Commissioners. E. F., ) "^ Form of Notice by Clerk of the County Court for first Town Meeting. TOWN MEETING NOTICE. The citizens of the town of Lyons., in the county of Cook., and state of Illinois, are hereby notified to meet at (state the place of meeting,) in said town, on Tuesday, the — day of April, A. D. 18 — , being the first Tuesday hi said month, at 9 o'clock in the forenoon, and hold their first town meeting, for the purpose of organizing said town, in conformity with the provisions of the statuto ; said meeting, when then and there convened, 1. To choose a moderator to preside at said r^eeting. 2. To choose a clerk pro tern, to act at said meeting. 3. To elect one supervisor, one town clerk, one assessor, one collector, one overseer of the poor, three commissioners of highways, two constables, two justices of the peace, so many overseers of highways as there may be road districts created, and so many pound masters as there may be pounds deter- mined upon and established in said town. 4. To determine upon and appoint the place of holding the next annual town meeting. 5. To {enumerate any further specific subjects that may be thought proper, wpon which the meeting may be called to act, and conclude by adding,) And to act upon any additional subjects which may, in pursuance of law, come before the meeting when convened. Given under my hand at Chicago, in said county of Cook, this — day of A. D. 18—. J > Chas. B. Farewell, Clerk of the County Court of Cook County. Note. It is probably unnecesaary under the law, to enumerate the subjects upon which the meeting will be called upon to act, as given in the preceding form, yet it is quite proper to 16 GENERAL PROVISIONS. [dIV. 1. Clerks to. trans- § 10. Each clerk of the countj court shall, withiu thirty days com^ssi^nCTs^ after receiving such report of the commissioners, transmit, by mail, report to auditor, to the auditor of public accounts of this state, an abstract of such report, giving the bounds of each town and the name designated ; and said clerk shall record, in a book for the purpose, a description of each town as fully as the report of said commissioners. Similarity of § 11. If the auditor of public accounts, on comparing the ab- name in towns. ^^^.^^^^^ ^f jj^g reports from the several counties, shall find that any two or more townships have names alike, he shall transmit to the clerk of the county court of the county or counties which have to alter the name or names of such town or towns ; and the board of supervisors of such county shall, at its next meeting thereafter, adopt for such town some. name different from those heretofore Two towns not to named, so that no two towns organized under this act shall be ' named alike ; and when such name shall be adopted, the clerk of the county court shall inform the auditor of public accounts, as before directed. Auditor to record § 12. The auditor of public accounts shall make a record of bound^es. *^^ names and boundaries of the several towns organized under this act. ARTICLE SECOND. OF THE POWERS AND RIGHTS OF TOVTNS AS BODIES CORPORATE. Capacity of § J. Each town, as a body Corporate, lias Capacity : To"sl^e and be 1 ^ t. To sue and be sued, in the manner prescribed by the laws sued. of this state. To purchase 2d. To purchase and hold lands within its own limits, and for lands. ^i^g ^gg q£- j|.g inhabitants, subject to the power of the general assembly. Make contracts ^d. To make such contracts, purchase and hold such personal acdhoidpersoaai property, as may be necessary to the exercise of its corporate or proper y. administrative powers.' To make orders. 4th. To make such orders for the disposition, regulation or use do so in giving notice of their first to\vn meeting, as it is presumed the inhabitants generally will be unacquainted with the law ; such notice ^rill, therefore, serve, in some degree, to inform them in advance as to their powers and duties on the occasion, and enable them to be better prepared to act. The division of towns into road districts has been assigned by this act (Art. 17, § 1,) to the commissioners of highways. In the absence of such commissioners, however, a't the first town meeting, it has been the practice for the electors, when convened at such meeting, to make this division themselves, to enable them to proceed at the s;ime meeting to the election of overseers of highways. To wliich end it is proper that a committee of three or more, com- ing from different parts of the town, should be appointed at an early hour to prepare and report a plan for such division. (1) Where a contract is made in pursuance of a vote of a town, but before the contract is performed the vote is rescinded, it seems that the person with whom the contract is made is not affected by the rescission, unless he had notice thereof, in which case it would be other- wise. Allen V. Taunton, 19 Pick., 485. A town, a.s such, has no authority to contract with a plnnk-road company, or other cor- poration, granting them the use of a highw.ay in the town; as a corporation a town has nothing to do with, and no interest in the highways within its limits ; the title to the soil is in individuals ; the right to their use belongs to the inhabitants of the town, not exclusively, but in common with the whole public. The care and superintendence of highways ha.s been committed to certain officers of the town, chosen for that purpose, and vfhose duties are pre- scribed by law. See 22 Barb., 634. ART. 3.] ALTERATION OF BOUNDARIES. 17 of its corporate property, as may be deemed conducive to the inter- ests of its inhabitants. § 2. No town shall possess or exercise any corporate powers, Restriction of except such as are enumerated in this act, or shall be specially p"^''"'- given by law, or shall be necessary to the exercise of the powers so enumerated or granted.^ § 3. All acts or proceedings by or against a town, in its cor- Proceedings ana porate capacity, shall be in the name of such town ; but every con- couveyancea. veyance of land within the limits of such town, made, in any man- ner, for the use or benefit of its inhabitants, shall have the same effect as if made to the town by name.^ ARTICLE THIRD. OF THE ALTERATION OF BOUNDARIES AND DIVISION OF TOWNS, AND EFFECT THEREOF ON THEIR CORPORATE RIGHTS. § 1. The board of supervisors of each county shall have full and Alteration of complete power and jurisdiction to alter the boundaries of towns, to boundaries aud change town lines, and to divide, enlarge and to create new towns, in their respective counties, to suit the convenience of the inhabitants re- siding therein ; but no new town shall be created, under the provis- ism. ions of this act, unless there shall be at least thirty legal voters residing in such new town, nor unless at least twenty of such legal voters of such town shall petition for such alteration ; nor shall any new town hereafter be made or created, or any town divided, Petitions for or the boundaries of any town changed by the board of supervisors, •changing bound. within their respective counties, without at least sixty days' notice thereof has been given, before the presentation of the petition ia57 therefor, by posting up not less than five notices in the most public places of the town or towns interested, and by also publishing such notice at least once in some newspaper published in the county Notic*.' ■wherein said towns are situated, if any shall be published therein. § 2. In case any town, in any county wherein township organ- Neglect to elect ization has been or may be hereafter adopted, shall refuse or **"° *'®'^"'*- neglect to organize and elect town officers, at the time fixed by jg^y law for holding annual meetings, it shall be lawful for twelve free- ^ ,, , , u 1 1 c J.1 i^ ^ 11 , • r. 1 ^ '■'■y^^ Freeholders mav Holders oi the town to call a town meetmg lor the purposes afore- caii town mostn " — _ . ing- (1) Towns may be considered as quasi corporations, with Jinuted powers co-extensiTe with the duties imposed on them by statute or usage, but restricted from a general use of the authority which belongs to corporations by common law.—Rum/ord v. Wood, 13 Mass., 193. These organized to\vns or townships are not municipal corporations in the sense which the term is used in our constitution and statutes. They are regarded as quasi corporations. See Norton X. Peck, S Wisconsin R.,'il'i. The whole power and capacity of towns, as corporations, is derived from and conferred br Btatute, and is specified and confined by certain functions only. Theu- authority to conti-act or assume Uabilities is restricted to cases where such action is necessary for the exercise of their appropriate functions a.s corporations, and their power to sue and "be sued must be lim- ited to cases where the assertion of their corporate rights, or the enforcement of their corpo- rate habilities, requires such proceeding. — 22 Snrb., 684. _ (2) Where a cause of action exists in behalf of a town, and no officer is by statute author- ized to prosecute for such cause of action, it is proper for the electors when convened at town meeting to direct such action to be brought, for which purpose they may appoint an agent to institute and prosecute the same, but such suit must be brought in the name of the lawn. Cornell v. Guilford, 1 Den., 610. 9 18 GENERAL PROVISIONS. [div. 1. said, by posting up notices in six public places of such town, giving at least ten days' notice of such meeting ; which notice shall set forth the time, place and object of such meeting ; and the electors, when assembled by virtue of such notice, shall have and possess all the powers conferred upon them at the annual town meet- ing.' In case no such notice shall be given, as aforesaid, within thirty days after Mie time for holding the annual town meeting, the board of supervisors of the county shall, upon the affidavit of any freeholder of said town, filed in the office of the county clerk or clerk of the board, setting forth the facts, proceed, at any regular or special meeting of the board, and appoint the necessary town officers for such town ; and the persons so appointed shall hold their respective offices until others are chosen or appointed in their places, and shall have the same powers, and be subject to the same duties and penalties, as if they had been duly chosen by the elect- ors of the town. § 3. Whenever it shall be made to appear to the board of supervisors that the town officers appointed by them, or any pre- ceding board, as provided in the foregoing section, shall have failed to qualify, as required by law, so fliat such town can not become organized, the board of supervisors may annex such town to any adjoining town ; and the said town so annexed shall thereafter foi'm and constitute a part of said adjoining town. § 4. When a town seized of real estate shall be divided into two or more towns, the supervisors and assessors of the several towns constituted by such division shall meet as soon as may be after the first town meetings subsequently held in such towns, and, when so met, shall have power to make such agreement concerning the disposition to be made of such town property and the appor- tionment of the proceeds as shall be equitable, and to take all measures and execute all conveyances which may be necessary to carry such agreement into effect.^ Appointment of town officers by board of siiper- visoK . Kiiihire to qnali- tv. l"«j-)7. Annex to adjoin- ina; towns. IM vision of real t'sttttc and divifi- ion of townsbipa 1801. 1 Form of Notice hy twelve freeholders calling toum meeting on default of annual meeting. TOWN MEETING. Notice is hereby given by the undersigned, freeholders of the town of , in the county of , in the state of IlHnois, that a meeting of the electors of said town will be held on the — day of , A. D. 18 — , at {state place) for the purpose of electing all such officers as said town may be entitled to by law, and transacting all such business a-s the electors have power to transact at the annual town meeting ; said town having neg- lected to organize and elect town officers at the time fixed by law for holding annual meetings, which meeting will be called to order between the hours of nine and ten o'clock in the forenoon, and be kept open until six o'clock in the afternoon. Dated at , this — day of , A. D. 18 — . (7'o be signed hy twelve freeholders. ) "^Form. of agreement hy Supervisors and Assessors in case of division of . Town, concerning disposition and apportionment of real estate. Tfiis agreement, made this — day of , A. D. 18 — , by A. B., super- visor and C. D., assessor of the town of , on the part of said town, AET. 3.] ALTEEATION OP BOUNDARIES. 19 § 5. When any such town shall be altered in its limits, by the Division of prop. annexing of a part of its territory, to another town or towns, the ariLItoed ""^."^ supei'visors and assessors of the town from which such territory shall be taken and of the town or towns to which the same shall be i8(a.. and E. F., supervisor, and G. H., assessor of the town of on the part of said town of , in the county of Bureau, and state of Illinois, witnesseth : That whereas the town of , which formerly comprised the territory now composing the aforesaid towns of and , has lately been divided by proper authority, into two towns, named and styled as aforesaid, (or as the case may be,) and whereas said town of , was at such division thereof seized of the following real estate, to wit, {here describe the premises.) Now therefore it is agreed by and between said supervisors and assessors on the part of their respective towns, that said real estate be divided and disposed of for the benefit of said towns, as follows : that portion thereof described as follows, {here describe it,) shall be and remain the prop- erty of said town of , and the balance thereof described as follows, (hei'e describe the remaining portion of said premises,) be sold within three months from this date for the highest sum which the same can be sold for, and the proceeds thereof be paid over to said town of . In witness whereof said supervisors and assessors have hereunto set their hands and private seals, the day and year first above written. A. B., [seal.] Supervisor. C. D., [seal.] Assessor. E. R, [seal.] Supervisor. G. H., [seal.] Assessor. Note. The foregoing form can be varied to snit the circumstances of each case. What- •ver agreement is made by the supervi.«!ors and assessors, should be reduced to writing in proper form, and a copy filed with the town clerk of each town interested. AVhen a division of the property is impracticable, it may be appr.iised by the supervisors and assessor.?, and the town wherein it is situated may pay over to the other town its equitable share of the valuation and retain the whole propert,y, when such course is deemed most advisable. It will be seen that the law has clothed the supervisora and assessors mth ample authority for a proper division of the real estate ; it has authorized them to make agreement concerning the disposi- tion thereof and sucli apportionment of proceeds as shall be equitable, and to take all mea.s- vires and execute all conveyances necessary to carry their agreement into effect ; therefore when it is agreed that the propertj' or any part thereof shall be sold, the supervisors and assessors are authorized to execute the conveyance. A question may arise as to who .should execute the conveyance, whether the supervisor and assessor of the town wherein the real estate is situated, in case of lying all in one town, or whether by the supervisors and asses.sors of the several towns interested. It Ciin do no harm for them all to join in the conveyance. Indeed, such may be the more proper course. Farm of Deed of Conveyance by Supervisors and Assessors conveying real estate tvhcre town is divided. This indenture, made this — day of , A. D., 18—, between A. B., supervisor, and C. D., assessor of the town of , E. F., supervisor, and G. H., assessor of the town of , which towns are in the county of Bureau, and state of Illinois, party of the first part, and Joseph W. Harris of said county and state, party of the second part, witnesseth : that whereas * said town of has lately been divided by proper authority, and said town of erected therefrom, {or as the case may be,) and whereas said town of was at the time of such division seized of the following real estate, {here describe the whole premises,) and whereas it was agreed by the supervisors and assessors of each of the aforesaid towns, that the following portion of said real estate' should be di.sposcd of for the benefit of said town of , {or as the agreement may be,) as being the equitable share thereof to which said town would be entitled in consequence of such division, to wit. 20 GENERAL PROVISIONS. [DIV. 1. annexed shall, as soon as may be after such alteration, meet for the purpose, and possess the powers provided in the last preceding section. DiTision of mon- § 6. "Wlien a town, possessed of or entitled to money, rights or ded OT^X^ca!"^' credits or other personal estate, shall be so divided or altered, such personal estate, including moneys, shall be apportioned between 1861. the towns interested therein, by the supervisors and assessors of such to^vns, according to the amount of taxable property in the town divided or altered, as the same existed immediately before such division or alteration — to be ascertained by the last assess- ment list of such town ; and such supervisors and assessors shall meet, for the purposes aforesaid, as soon as may be after the first town meetings subsequently held in such towns.* {here describe the portion of the premises to be disposed of.) Now therefore said party of the first part for and in consideration of the sum of dollars paid by said party of the second part, the receipt whereof is hereby acknowledged, have and do grant, remise, release, convey and confirm unto said party of the second part, and to his heirs and assigns forever, all the following" described premises, lying and being in said town of , in the county of Bureau and state of Illinois, to wit, {hei-e describe the preonises to be conveyed.) To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging or in any wise apper- taining, and all the estate, right, title, interest and claim whatever which said towns of and , or either of them may have either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, his heirs and assigns forever. In witness whereof, said party of the first part have hereunto set their hands and seals the day and year first above written. Signed, sealed, and delivered ) in the presence of ) A. B., [seal.] Supervisor. C. D., [seal.] Assessor. E. F., [seal.] Supervisor. G. H., [seal.] Assessor, Note. The foregoing deed should be acknowledged in the usual form. (1) The proceedings and doings of the supervisors and assessors ought properly to be reduced to writing, as a memorandum showing how and in what manner the money, rights, credits, and other personal property is disposed of, or apportioned, and how existing debts are apportioned, and a copy filed with other papers, if any, with the town clerk of each town interested, the following is suggested as a form for such writing or memorandum. Form of Proceedings of Supervisors and Assessors in apportioning property in case of division of towns. At a meeting of the supervisors and assessors of the towns of ■ and , -, in the county of , convened at the office of the town cleric of naidtown of , on the — day of , A. D. 18 — , {;if adjournments are had state the adjournment,) for the purpose of making agreement concerning the disposition of .the real estate lately belonging to said town of , and apportioning the proceeds thereof according to law in such cases, in consequence of a division of the original town of ; also for the pur- pose of apportioning between said towns, the money, rights, credits and other personal property lately belonging to, and the debts owing by said town of , the following proceedings were had. The real estate of said original ART. 4.] TOWN MEETINGS. 21 § 7. Whenever a meeting of the supervisors and assessors Meeting of asses- of two or more towns shall be required, in order to carry into ^^^^^'^ s^ptivi- effect the provisions of this article, such meeting may be called by either of said supervisors ; but the supervisor calling the same 1861. shall give at least three days' notice, in writing, to all the other officers of the time and place at which such meeting is to be held.^ § 8. The preceding sections shall not, however, apply to any Burial ground cemetery or burial ground, but the same shall belong to the town ^° ^ *^'^*"'^' within which it may be situated after -a division shall have been 18C1. made. § 9. Debts owing by a town so subdivided or altered shall be Debts how appor- apportioned in the same manner as the personal property of such ^^°'^^'-^- town ; and each town shall thereafter be charged with its share of 1861. such debts, according to such apportionment. ARTICLE FOURTH. OP TOWN MEETINGS AND THE POWERS OP ELECTORS. § 1. The citizens of the several towns of this state, qualified byAnnuaitown the constitution to vote at general elections, shall annually assemble '"''®*™°®' and hold town meetings in their respective towns, on the first Tues- Time of holding. day of April, at such place in each town as the electors thereof, at town of was ordered to be disposed of and proceeds apportioned according to written agreement between said supervisors and assessors, dated . Said town was found to be possessed of money to the amount of • dollars, which was apportioned as follows, (.itate how apportioned.) Said town was found to be entitled to money arising from {.state the source from which the money is to he derived) to. the amount of dollars, which was apportioned as follows, {state how apportioned, aiid continue in like manner setting forth all rights., credits and personal property of the toimi, and debts owing, and how apportioned between the towns.) A. B., Supervisor of the town of . C. D., Assessor of the town of . E. F., Supervisor of the town of . G. H., Assessor of the town of ^Form of Notice by Supervisor to other officers to meet and apportion property in case of division or alteration of town. To John Clarke, supervisor {or assessor) of the town of , county of Bureau : You are hereby notified that a meeting of the supervisors and assessors of the towns of ■— and , will be held at, (state the place ivhere,) on Monday, the — day of , A. D., 18—, at the hour of ten o'clock in the forenoon, for the purpose of making agreement concerning the disposi- tion of the real estate lately belonging to said town of , and appor- tioning the proceeds thereof according to the law in such cases, in conse- qnence of a division of the original town of , and the erection there- from of the town of ; also for the purpose of apportioning between Bald towns the money, rights, credits, and other personal property, lately 22 GENERAL PROVISIONS. [DIV. 1. Place. Notice. 1861. Town officers to k« elected. their annual town meetings, shall from time to time appoint ;^ and notice of the time and place of holding such meeting shall be given by the town clerk, by posting up written or printed notices in three of the most public places in said town, at least ten days prior to said meeting ; and if there shall be a newspaper published in said town such notice shall be inserted at least once therein, prior to said meeting.^ § 2. There shall be chosen, at the annual town meeting, in belonging to said town of fully requested to attend. Dated at Milo, this — — , at which time and place you are respect- day of , A. D. 18—. JosKPH W. Harris, Supervisor of the town of . (1) The section of the constitution here referred to, i^rovides as follows : " In all elections, every white male citizen above the ago of twenty-one yeai-s, having resided in the state one year next preceding any election, shall be entitled to vote at sxich election ; and every white male inhabitant of the age aforesaid, who may be a resident of the state at the time of the adoption of this constitution, shall have the right of voting as aforesaid ; but no citizen or inhabitant shall be entitled to vote, except in the district o/ county in which he shall actu- ally reside at the time of such election. — Const., Art. vi. § 1. A town meeting, wlien properly convened at the place appointed at the last annual town meeting, may, by a vote of a majority of the electors present, adjourn to anj' other part of the town if desired for convenience, and, having again c6nvened pureuant to adjournment, may proceed with the business of the day ; but the vote for such adjournment should not be taken before the hour of ten o'clock in the forenoon at least ; sufficient time ought to be afforded for a full expression of the electors, and in towns where meetings have not usually convened until a later hour, then such vote should not be taken until the arrival of the usual hour of meeting. — Gould v. Baker, 8 Cowen, 286. But the meeting could not, of course, adjourn to another day. In Cook county the annual town meeting is held by special law on the first Tuesday after the first Monday in November. See " Local and Special Provisions," Div. vi., post. "^Forin of Notice for Annual Tovm Meeting. ANNUAL TOWN MEETING. The citizens, legal voters of tlje town of Waukegan, in the county of Lake and state of Illinois, are hereby notified that the annual town meeting for said town will be held at the town hall, {state the flace where,) in said town, on Tuesday, the — day of April next, being the first Tuesday in said month, for the pui-poses following : 1. To choose a moderator to preside at said meeting. 2. To elect one supervisor, one town clerk, one assessor, one collector, one overseer of the poor, one commissioner of highways, two constables, two justices of the peace, so many overseers of highways as there are road dis- tricts in said town, and so many pouud masters as the electors may deter- mine. 3. To [add any further specific subjects upon which the meeting may be squired to act that may be thought proper, and conchide by adding) and to act upon any additional subjects which may, in pursuance of law, come before said meeting, at the proper time, when convened. Which meeting will be called to ord.er between the hours of nine and ten o'clock in the forenoon, and be kept open until six o'clock in the afternoon. Given under rfiy hand at Waukegan, this — day of , A. D. 18 — . J. M. Truesdell, Town Clerk. Note. — The foregoing form, like that given for the first town meeting, ante, page 15, no doubt contains more tlian the law actually requires ; but it is advisable, in giving notices of this kind, to state the general objects of the meeting ; it affords a better nndei-standinj; beforehand, and calls the attention of those concerned more immediately to the law, by which they are better prepared to act when the appointed time arrives. It is also advisable to state the time, as fixed by law, for convening or calling the meeting to order. The following is a shorter form, which is suggested as being a substantial comphance with the law in giving p.otice for the annual town meeting, which may be used when desired : ART. 4.] TOWN MEETlJ^GS. 23 eacli town, one supervisor, one town clerk, one assessor, one col- isei. lector, one commissioner of highways, two constables, two justices of the peace, as many overseers of highways as there are road dis-^^'''' tricts in the town, and so many pound masters as the electors may determine : j)rov^ded, that justices of the peace and constables shall be elected only once in four years, except to fill vacancies ; and such justices and constables shall be successors to precinct justices and constables: 2)rovided further, that any town having A*^^^'*'<^'-*' '*"^^'- eight hundred or more legal voters shall be entitled to elect one isoi." additional supervisor, styled assistant supervisor.^ § 3. In all towns having a population of more than two thou- AdtUtionai .iu,-ti- sand inhabitants, it shall be lawful for the qualifiecl voters thereof ^;^;'J^|;f^,':'"' '""^ to elect one justice of the peace and one constable for each and iss* every thousand of its inhabitants, until the population shall reach five thousand, after which the number of justices of the peace and constables shall not be increased.- Said justices of the peace and constables shall be elected in the same manner and shall hold their offices for the same term of time as other justices of the peace and constables. Said justices of the peace shall be commissioned by the governor, and shall have the same jurisdiction, power and authority, and be subject to the same liabilities and shall execute Another fai-m of Notice for Annual Town Meeting. ANNUAL TOWN MEETING. The citizens, legal voters of the town of Silver Creek, in the county Stephenson, and state of Illinois, are hereby notified thai the annual town meeting for said town will be held at, (state the place where,) on the — day of April, A. D. 18 — , being the first Tuesday in said month, for the purpose among other things of electing the following officers, {Jiere enumerate the toion officers to be cho'ien,) and for the transaction of all such other business as may, in pursuance of law, come before such meeting when convened; which meeting will be called to order between the hours of nine and ten o'clock in the forenoon, and be kept open until six o'clock in the afternoon. Given under my hand at Silver Creek, this — day of March, A. D. 18 — . F. D. "Bulkley, Town Clerk. (1) For powers of assistant supervisors, see Article 8, See. 10, post. Several cities and incorporated villages of the state have authority to elect supervisors in addition to those pro- vided by this act The city of Galena, by charter, amended 1861, is allowed one supervisor for each ward. The city of VVaukegan, by charter, 1859, is allowed one supervisor for each ward. The village of Naperville, by special act of 1855, i.'* allowed one supervisor. In the village of Woodstock, McIIeary county, by charter, 1852, the president of the board of trustees is by virtue of office, a member of the board of supervisors of the county. The vil- lage of Antioch, Lake coanty, by charter, 1857, is allowed one supervisor. In the village of Palo, Ogle county, the president of the board of trustees is a member of the board of super- visors of the county, by virtue of office ; and there may be other cities, villages and towns in the state entitled to additional supervisors, by special law, not here enumerated. See Article 13th, Sections 3 and 11, post, giving to the cities of Chicago and Peoria, one super- visor, in each ward, and to the towns of East and West Galena, each an additional supervisor. (2) If a town fails or neglects to elect the number of justices or constables, to which it would be entitled under the law. and should elect a less number, having had a fuU number for the preceding term, tliis would o\ist all those of the previous term ; neither could hold overon the ground that no one had been elected in his place. — Platnerv. Jones, 17 Wend., 81 If in a town having three justices and three constables, the electors should at any timesee fit to elect only two instead of three, it would oust ail those of the preceding year, notwith- standing the number for the preceding year may have been three ; neither of them can hold over on the pretence that no one is chosen in his place. — Peopley. Jones, 17 Wend., 81. 24 GENERAL PROVISIONS. [div. 1. bond and be sworn in the same manner as other justices of the peace. § 4. The assessor and commissioners of highways, elected in every town, shall, by virtue of their office, be fence viewers of such town.* § 5. The electors of each town annual town meetings •? 1st. To determine the number locality of pounds. 2d. To elect such town officers as may be required to be chosen. 3d. To direct the institution and equity in all controversies between individuals or other towns.' 4th. To direct such sum to be raised in such town for prose- cuting or defending such suits, or for the support and maintenance of roads and bridges, or for any other purpose, as they may deem necessary ;< also, to authorize and require the commissioners of highways to assess a road tax on all real estate and personal prop- erty liable to taxation in the town, to any amount not exceeding thirty cents on each hundred dollars' worth, as valued on the assessment roll of the previous year. 5th. To take measures and give directions for the exercise of their corporate powers. 6th. To make such provisions, by-laws and regulations and allow such rewards for the destruction of Canada thistles or nox- Fence yiewers. Powers of elect- ors. Pounds. Town officers. Suita. Expense of con- ducting suits. Roads and briilges. 1854. Jtoad tax. 1S57. 1861. Exercise powers Canada tliistlea and weeds. shall have power, at their of pound masters and the defense of suits at lav/ or in such town and corporation. (1) For powers and duties of fence viewers, see " Inclosdres and Fences," Drv. III. jiost. (2) The powers of the electors to bind the town are conferred by statute, and are limited to such acts as are prescribed by law. — Corntlly. Guilford, 1 Den., 510. It is held in Massachusetts that a town may indemnify its officers against a liability which they may incur in the bona fide discharge of their duties, although it tiirn out that they have exceeded their legal rights and authority. — ^Bancroft v. Lynfield, 18 Pick., 566. The electors at town meetings cannot direct an officer of the town to perform any act which by law he has not authority to perform, nor to act in any other manner, in the performance of his duty, than that which is pointed out by law. — Keen v. Stetson, 5 Pick., 492. In Cook county, in the towns of North Chicago, West Ciiicago, and South Chicago, the powers here given to the electors, are conferred upon the bottrd of town auditors, with assist- ant and ward supervisors. See " Local and specl^l provisions," Div. VII., post. (3) It is held in New Hampshire, that towns have a qualified interest in the roadways and bridges they have erected, and niaj' maintain an action on the case for the destruction or ob- struction of the road, or the conversion of the materials. — Town of Troy v. Cheshire R. R. Co., 3 Porter, 83. Held in Massachusetts that it is competent for the inhabitants of a town to take upon themselves the expense of a suit against their agent or servant in which the interests of the town are directly involved. Where the servants of the town have made mistakes, which have rendered them Uable at law, that it is legal and proper for the town to meet the expense. — Babbitt et al v. Savny, 3 Cush., 530. No action lies agaiust a town for an injury to horses occasioned by the sufiFering of a pubUc highway to become out of repair, and in a ruinous and unsafe condition ; and the electors at town meeting have no authority, and can not, bj' a majority vote, bind the town by agreeing to pay to the owner his damages he has sustained by such injuries. The town could not be made liable, it seems, without some express statute to that effect. In most of the New England states, such a statute exists. — See Morey v. Newfane, 8 Barb., 645; also, 17 Johns., 452. If, after a vote of the town not to defend an action brought against it, the supeiwisor or person representing the town, shaU nevertheless make a defence, he will not be a competent witness in the action, for he will be bound to indemnify the town against the costs of the de- fence. — Emerson v. Newberry, 13 Pick., 377. (4)Thi8 provision for raising money, was contained in the amendatory act of 18-54, and is here re-enacted. It is apprehended however that the electors would not have authority to direct the raising of money for any purpose in which the town was not immediately interested, and directly benefited. — See People ■*t,^t>«^^„ Elisha Pratt, ' [ -^"^^^^^^ «^ *^^ ^^'^^"- It is held in New York that the board of supervisors are precluded from going behind the certificate of town auditors, to inquire as to the merits of the particular items allowed, but are bound to act upon the amount audited without modification ; and that a certificate of town auditors purporting in the body of it to have been made by " the board of auditors of the town of N. H." is sufficient, though the officers have merely signed their names without adding their official titles, and that it need not appear upon the face of the certificate that the auditors met at the proper time and place. It will suffice if in point of feet, their meet- ing was regular in those respects. — Onderdonk v. Queen'^s Co., 1 Hill, 195. $1.50 25.00 .; ART. 12,] LEGAL PROCEEDINGS. 4» § 2. In all such suits and proceedings the town shall sue and Suit in name of be sued by its name, except where town officers shall be authorized '°^^'*' by law to sue in their name of office for the benefit of the town.* § 3. But no towns or their officers shall be required to appear, serving of pro- answer or plead to any such suit or action at the first term of the cess. court after the commencement thereof, (when the same shall be commenced in the circuit court,) unless the process aforesaid shall be served, as herein directed, at least thirty days before the com- mencement of the term. § 4. In all legal proceedings against the town, by name, the On whom serred. first process and all other proceedings required to be served shall be served on the supervisor of the town. And whenever any suit or proceeding shall be commenced, it shall be the duty of the supervisor to attend to the defense thereof, and to lay before the ^^^^ °^ Supervi- electors of the town, at the first town meeting, a full statement of such suit or proceeding, for their direction in regard to the defense thereof. § 5. On the trial of every action, in which the town will be a Witnesses and j«- party or interested, the electors and inhabitants of such town shall '^°'^" be competent witnesses and jurors, except that in suits and pro- ceedings by one town against another no inhabitant of either town shall be a jui'or.'' § 6. Any action in favor of a town, which, if brought by an Suits before jus- individual, could be pi'osecuted before a justice of the peace, may ^^'^^^' be pi'osecuted by such town in like manner, before any such jus- tice ; but no action to recover shall be brought before any of the justices of the peace residing in the town for the benefit of which Except in town, the same is prosecuted, but all such actions may be brought before any one of the justices of the peace residing in any other town in the same county. § 7. Whenever any action shall be brought to recover a Trespass suits, penalty imposed for any trespass committed on the lands belonging to the town, if it shall appear on the trial thereof that the actual amount of injury to such town lands, in consequence of such tres- pass, exceeds the sum of twelve dollars and fifty cents, then the amount of actual damage, with costs of suit, shall be recovered in said action, instead of any penalty for the same trespass, imposed by the town meeting ; and such recovery shall be a bar to every other suit for the same trespass. § 8. Whenever, by any decree or decision in any suit or pro- Suits in reiaticn ceeding, brought to settle any controversy in relation to town com- '° '""^ ^^'^' mons or other lands, the common property of a town, or for the partition thereof, the right of any town shall be settled and con- (1) [The form of entitling a suit in case of the town being a party, should be thus :] Town of Flato ' vs. James Jackxo7i, (2) Tf after a Tote of the town not to defend an action brought against it, the supervisor or person representing tlie town, shall nevertheless make a defence, he will not be a compe- tont witness in the action, for he will be bound to indemnify the town agiiinst the costs of the defence. — Btrterson v. Newberry. 13 Pick., 377. 4 60 GENERAL PROVISIONS. [div. 1. firmed, the court in which such proceedings shall be had may par- tition such lands according to the rights of the parties. Kecoverj- of costs. § 9. In all suits or proceedings, prosecuted by or against towns, or by or against town officers in their name of office, costs shall be recovered as in like cases between individuals. Judgments recov- ered against a town or against town officers, in actions prosecuted Judgment a town by or against them in their name of office, shall be a town charge, charge. ^j^^j^ when levied and collected, shall be paid to the person or per- sons to whom the same shall have been adjudged.* ARTICLE THIRTEENTH. Snits. Purchase and hold lands. Power to make contracts. To make orders. Restriction of power. OF THE POWERS AND RIGHTS OP COUNTIES AS BODIES COR- PORATE. § 1. Each county, as a body corporate, has capacity: 1st. To sue and be sued, in the manner prescribed by law.^ 2nd. To purchase and hold land, within its own limits, and for the use of its inhabitants, subject to the power of the general assembly over the same.^ 3d. To make such contracts and purcnase and hold such per- sonal property as may be necessary to the exercise of its corporate or administrative powers ;* and, 4th. To make such orders for the disposition, regulation or use of corporate property as may be deemed conducive to the interests of its inhabitants. § 2. No county, under this organization, shall possess or exer- (1) A town is authorized to indemnify its officers against a liability which they may incur in the bona fide discharge of their duties, although it turn out that they haye exceeded their legal rights and authority. So held in Massachusetts. — Bancroft v. Lynfiehl, 18 Pick., 666. (2) Counties can neither sue or be sued at the common law. Their rights and habilities de- pend on statutorj' enactment. — Schuyler County v. Mercer County, 4 Gilm., 20. All actions against a county must be commenced and prosecuted to judgment and execu- tion in the circuit court of that county. All actions wherein a county is plaintiff must be commenced and prosecuted to judjjmeut in the county of the defcndaut. — Jrlein. Ordinarily, a law which in general terms speaks of plaintiffs and defendants, applies to per- sons only, and does not apply to states, counties and municipal corporations, unless expressly named. — Idem . A county is a public corporation, subject to the control of the legislature ; and the legisla- ture may release a penalty recovered in a popular action brought for the benefit of a county. — Holliday y. Peojile, 5 Gihn., 214. Sec also. Coles v. Madiso?i County, Breese, 115. Declarations of county commissioners, are not evidence agsiinst their county, unless made while officially repre^ienting the county, and while engaged iu the transaction respecting which the declaration is made. — La Salle County y. Simmons, 5 Gihn., 513. A hook kept in the clerk's office of the county commissioners, under their direction, re- specting the affairs of the county, though not a public record, is prima facie evidence against the county of the facts stated tlierein. — Idem. (3) A grant to the supervisors for tlie xise of the inhabitants of a particular town, is void ; for if the supervisoi-s are a corporation they have no capacity to take and hold lands as super- visors for the use of tlie inliabitanta of a to^ni, or for any other use or pvirpose than that of the county which they represent. Supervisors are a corporation with special powers and for special purposes only — they can not act but by special authority. — Lynch v. Hnrtwell, 8 John;:., 422. (4) A contract made by the proper authorities of the county, with a physician, to render professional services to a pau]5er, and not entered on record, may be proved by parol. One who at the request of su( h authorities rendered aid to a per.son aclcnowledged by them as a pauper, need not prove the pauper legally entitled to such aid in order to entitle him to re- cover for such service. — Vermillion Co. v. Knight, 1 Scajn., 97. Counties are not liable to pay interest on their contracts, except in pursuance of an exprcsa agre«ment to do sio.—Pilce Co. v. Hosford, 11 lU., 170. ART. 14.] BOARD OF SUPERVISORS. ;j I cise any corporate powers, except such as are enumerated in this act, or shall be specially given by law, or shall be necessary to the exercise of the powers so enumerated or given. § 3. All acts and proceedings by or against a county, in its Suits imcieonTc-y- corporate capacity, shall be in the name of the board of supervisors ^'^^' of such county ; but every conveyance of lands within the limits of such county, made, in any manner, for the use and benefit of its inhabitants, shall have the same effect as if made to the board of supervisors.^ § 4. The powers of a county, as a body politic, can only be Expreise of exercised by the board of supervisors thereof, or in pursuance of a i'""^'''"- resolution by them adopted. § 5. In all suits or proceedings against a county the service of Serving of pro- process shall be by leaving a copy thereof with the clerk of the j!!!" board of supervisors, and by leaving also a copy with the chairman of said board. In case there shall be no chairman acting, then by leaving a copy with any three members of said board. ARTICLE FOURTEENTH. OP THE BOARD OP SUPERVISORS.* § 1. The supervisors of the several cities and towns of the Annual meettng. counties of this state, that shall adopt the town system, shall meet, annually, in their respective counties, for the dispatch of business, as a board of supervisors. They may also hold special meetings. Special meetings, at such times and places as they may find convenient, and shall have power to adjourn, from time to time, as they may deem necessary. § 2. Special meetings of the board of supervisors shall be held Special m*et5r,3e, only when requested by at least one-third of the members of the jg^j boiird ; which request shall be in writing, addressed to the clerk of the board, and specifying the time and place of such meeting; upon reception of which the clerk shall immediately transmit notice, in writing, of such meeting to each of the members of the sotice of, to b« board. The clerk shall also cause notice of such meeting to be P^tiished. (1) The law which gave jurisdiction over county affairs to the board of supervisors, went into operation on the first Tuesday in April, 1850. The county corporation was not aboUshed by this law. Its name was changed, but suits inptitutcd in the old name do not therefore a.hate.— Town of Ottawa v. Co. of La Salle, 11 I'ls., 654. By the constitution, the right of a county to adopt township organization is made to depend expressly upon the aflirmative vote of a majority of all within the county entitled to vote on the question. The pit« against their respective towns, as are not otherwise by law pro- "S'"'"' '°^"^- vided, and to direct the raising of such sums as may be necessary to defray the same. 4th. To appropriate funds to aid in the construction of roads Appropriations and bridges, in any part of their respective counties, whenever a jj^^dges f" "'^ majority of the whole board of the county may deem it proper and expedient.'' 5th. To change the boundaries of towns and ta create new change bounda- ries and create towns. towns, in their respective counties, in manner provided by law ; to _ designate and give names thereto, and to fix the place of holding isei. the first town meeting therein.^ 6th. To change the name of any town or incorporated village in change nam^s of their respective counties, upon petition of a majority of the voters jg^' of said town or incorporated village. 7th. To relocate or vacate state roads in their respective coun-vacaUngof 8t*(« ties, as the public mterest may require, in manner provided by ^^^' law.* (1) The power granted to supervisors of a county to examine, settle and allow all accounts chargeable against a county, involves the right to r^ect, if sufficient reason, in the opinion of the supervisors, is not presented for the allowance. — People v. Supervisors Dutchess Co., 9 , Wend., 508. It is held in Michfigan that a countj' is not liable to an attorney for defending a prisoner ab the request of the court when the prisoner is poor and unable to employ counsel. — Bacon t. Wayne Co., 1 Miclu-^an R., 461. A county is not liable to the clerk of the circuit court for his fees on a scire facias upoa a recognizance. — Ed^ar County v. Mayo. 3 Gilm., 82. Sheriffs are not allowed pay from the county for stationery used in the discharge of the duties of their offices ; nor for mileage in summoning grand and petit juries. It is held that there is no legal or moral obligation on the counties to pay such charges. These officers take their offices with all the benefits and burthens given or imposed upon them. — Bryner v. Board of Supervisors, 24 //(., 195. Neither the state, nor county, is bound by law to pay the fees of officers in prosecutions in behalf of the people where no conviction is had; and where the defendant is convicted, the officers must look to the defendant's estate for their costs and run the risk of losing them if he be insolvent. — KUckell v. Madison County, 4 Scam., 163. The necessary lights and fuel for keeping of the several county offices in a suitable condi- tion for the transaction of business, are a proper county charge ; so held in Wisconsin. — Jefferson. Co v. Besley, 5 Wisconsin R., 134. A board of supervisors, by auditing and paying part of a claim presented, is not thereby precluded from contesting the residue, even upon a principle which would show the former allowance to have been improper. A mandamus mil not Ue to a board of supervisors to control them in the exercise of their discretion as to the amount at which an account presented shall be audited. — People v. Sit- pervisors, 1 Hill, 332. Where a clear legal duty rests upon the board of supervisors, being a matter in which they have no discretion, mandamus will Ue, and is the proper remedy to compel them to perform that duty. — Boyce v. Supervisors of Cayuga, 20 Barb., 294. Boards of supervisors can not bind their counties by an act not within the limits of the ex- press powers conferred upon them by statute. They cannot allow a clUms on any notions of their own as to its equity. — Chemung Canal Bank v. Supervisors of Chemung, 5 Denio, 517. (2) The act to provide for township organization does not give the board of supervisors au- thority to appropriate the county funds in aid of the construction of toll bridges, or to aid a private individual in the construction of a free bridge. And a bill to enjoin them for so mis- applying the funds of the county is a proper remedy, and will be sustained. — Coltonet al. v. Hanchett et al., 13 Ills., 615. (3) The manner provided for changing boundaries of towns and creating new towns, vrill be found ante p. 17 — Article third, See. 1. (4) The manner provided for relocating or vacating state roads, will be found in Articu SBVENTBBNTH, SeC. 58, pOSt, p. 89 GENERAL PROVISIONS. [dI7. 1. To perform other 8th. To perform all other duties, not inconsistent with this act, ""'■'''* which may be required of or enjoined on them bj any laws of this state, or which are enjoined upon county courts, when holding terms for the transaction of county business in those counties not adopting township organization.* Quorum. § 7. A majority of the supenasors of any county shall consti- tute a quorum for the transaction of business ; and all questions which shall arise at meetings shall be determined by the votes of the majority of the supervisors present, except in such cases as is otherwise provided. t)p«n doors. § 8. The board of supervisors shall sit with open doors, and all persons may attend their meetings. Chairman to ad- § 9. Evcrv chairman of the board of supervisors shall have uumster oaths. , i • • , ,i . • power to administer an oath to any person concerning any matters submitted to the board or connected with their powers and duties. cierk of the § 10. The clcrk of the county court shall be clerk of the board of supervisors, whose general duties shall be : p.ccord proceed- 1st. To record in a book, to be provided for that purpose, all '^ ' the proceedings of the board. Enter decLsious of 2nd. To make regular entries of all the resolutions or decisions ""' '^ ■ on all questions concerning the raising or payment of moneys or for the regulating of affairs under their control. liecord vote. 3d. To record the vote of the supervisors on any question sub- mitted to the board, if reqnired by any member of the board. ¥i\e accounts. 4th. To file and preserve all accounts acted upon by the board. cioxk'sfees. ' § 11. The clerk shall receive a reasonable compensation for his services, to be fixed by the board, and to be paid by the county. giiaii hold bocks. § 12. The books, rccords and accounts of the board of super- visors shall be deposited with the clerk, and shall be open, without reward, to the examination of all persons. Accounts how in- § 13. It shall be the duty of the clerk to designate upon every **^^ ■ account upon which any sum shall be audited and allowed by the board the charges for which the same was allowed, and he shall Certified copies, ^^ijygj. ^q ^ny person who may demand it a certified copy of any account on file in his office on receiving from such person five cents for every one hundred words contained in said copy. Building of court § 14. It shall be the duty of the several boards of supervisors, houses and jails, ^^g ^ftg^ ^3 it shall be neccssary, to build court houses and jails, or cause the same to be repaired, in their respective counties, at the expense of such counties. Charge of poor. § 15. It shall be the duty of the board of supervisors to take charge of the poor and the management of the poor house in their )&A. (1) AVhere the supervisors of a county have neglected to perform any duty required of them at their annual meeting, they may be compelled by mandamus to meet again and perform it. They can not by thoir neglect nullify a statute imposing duties i.pon them. This was a ca,se where the board of supervisora of Chenango county, in the state of New York, at their annual meeting in 1851, neglected to issue warrants for the military commuta- tion, which it was their duty to do by law at that meeting The Supreme court i.«.«ued a mandamus requiring them to meet and issue the warrants. Held, that the mandamus was properly issued. — People v. Supervisors of Chenango, 4 Seld., 317. Note. For further powers and duties of the board of supervisors, see " Miscellakeocs Provisions'" under head of " Counties and County Cojimissioner's Courts," ^os<, p. 212. ART. 15.] COUNTY TREASURER. biD respective counties. And the overseers of the poor of the several towns shall be accountable to and their compensation and accounts shall be audited by the board of supervisors and paid by the county. § 16. Whenever the board of supervisors shall create a new Creation of new town or change the name of an existing town or incorporated vil- of^wmr '^'^""^'^ lage, the clerk shall transmit to the auditor of public accounts a iSGl. statement of such action on the part of the board ; and if it shall appear that there is already a town or incorporated village in the state of the same name as that designated by the supervisors the auditor shall so inform the clerk of said board ; and the super- visors shall designate another name, not already applied to any other town or incorporated village within the state. § 17. Each member of the board of supervisors shall be Compensation of allowed a compensation for his services and expenses in attending ^"p®"^^"'"- the meeting of the board or for attending to any other business, 1357 for the benefit of the county, or as a member of the board, not exceeding two dollars per day, and no more. § 18. The clerk of the board of supervisors shall, at the close Proceeding!! to of each annual or special meeting of the board, cause a brief state- ^^gP^^^i^'-''^ ment of»the proceedings thereof to be published in a newspaper published in the county, in which shall be set forth the name of every individual who shall have had any account audited and allowed by said board, and the amount of said claim, as allowed and amount claimed, and also their proceedings upon the equaliza- tion of the assessment roll, § 19 If any supervisor shall v?illfully refuse or neglect to ^egiwt of duty, perform any of the duties which are or shall be required of him ^^*'^^ by law as a member of the board of supervisors, he shall, for every such offense, forfeit the sum of two hundred dollars. ARTICLE FIFTEENTH. OF THE COUNTY TREASURER. § 1. Every person elected or appointed to the office of county Acceptance of treasurer shall, within ten days after he is notified of his election °'^*^®' or appointment, file in the office of the county court clerk a writ- ten acceptance of the office of treasurer : and before he enters upon the duties of his office shall give bond to the board of supervi- g^^^j sors of the county, with two or more sufficient sureties, to be ap- proved by the boai'd of supervisors, and in such sum as they shall Comiitioa. direct, conditioned that such person shall faithfully execute the duties of his office, and shall pay, according to law, all moneys which shall come to his hands as treasurer, and render a just and true account thereof to the board of supervisors or to the auditor of public accounts of this state, when thereupon required.' ^Fonn of written acceptance of County Treasurer to be filed in the Comity Clerk's office. To James C. Biddlecoinbe Esq., clerk of the county court of Lake county, in the state of Illinois: GENERAL PROVISIONS. [div. 1. aaa recorU. ShaUnotdis- § 2. The bond required by the preceding section shall not, pcnse with bond howcver, dispense with the necessity of the bond from such treas- M coun } CO urgj., as county collector of taxes, as now provided by law, and ^^^- nothing in this act shall be construed as having that eifect ; but the county treasurer shall be required to execute bond, as county collector, the same and in the same manner as is now by law pro- vided, Approrai of bond § 3. Such bond, wheu approved by the board of supervisors, shall be entered upon the records and filed in the office of the county clerk. Said clerk shall forward a certified copy thereof to the auditor of public accounts, who shall file the same in his office ; and such copy shall have the same force and effect as the original bond. County treasurers' bonds shall be a lien against their real estate. § 4. It shall be the duty of the county treasurer to receive all moneys belonging to the county, from whatever source they may be derived, and all moneys belonging to the state, which, by law, are directed to be paid to him, and to pay and apply such moneys in the manner required by law,^ Receiving and disbursing moneys. Sir : — Having been elected (or appohded) on the — day of , A. D. 18 — , to the office of county treasurer of said county, I hereby notify you that I accept of that office. Dated at Waukegan, in said county, this — day of , A. D. 18 — . John H. Cotes, Form of County Treasiirer'' s Bond. Know all men by thkse Presents, That we, John H. Cotes, as principal, and Lyman Sprague and Atigufihts B. Cotes as sureties of the county of Bake, in the state of Illinois, are held and firmly bound unto the supervisors of the said county of Lake, in the sum of {in a smn directed by the supervi^ sors) for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, and each of them firmly, by these presents. Sealed with our seals, and dated this — day of , A. D. 18 — . The condition of this obligation is such. That whereas, the above bounden John H. Cotes has been elected {or appointed) county treasurer of the said county of Lake, and has accepted of the office. Now therefore, if the said John H. Cotes shall faithfully execute the duties of his said otlfice, and shall pay according to law, all moneys which shall come to his hands as such treasurer, and render a just and true account thereof to the board of super- visors, or to the auditor of public accounts of this state, when thereupon required, then this obligation to be void and of no eifect, otherwise to remain in full force and efiect. John H. Cotes, [seal.] Lyman Sprague, [seal.] Augustus B. Cotes, [seal.] Note. — See act regulating the collection of the revenue in counties adopting the township organization law approved Ffbriuinj 12tli, 1858, post A county court, or board of supervisors, can remove a county treasurer only for caviscs specified in the statute; they have no general powers of removal. — Clark y. Tlie People, 15 lUs.. 213. (1) County orders paid by the treasurer have lost their vitality and can not again hecomo valid securities in the hands of an innocent holder. But where without any fraudulent in- tents the holder of large county orders exchanged them with the treasurer for smaller oecs which he had paid but which have never been allowed in his accounts, the debt repreRcnted by the large orders is not extinguished. AVhere, however, the holder of county orders lends them to the treasurer and thereby enables him to use them as his vouchers on a settlement. ABT. 15.] COUNTY TREASURER. 57 § 5. The county treasurer shall keep a just and true account Keep account of of the receipts and expenditures of all moneys, in a book or books, '^°"*J'^- to be kept for that purpose ; which books shall be provided at the expense of the county. § 6. The county treasurer shall have the same power to col- Power to collect lect the taxes charged against the delinquent or nonresident lands ihic^^^or iJu- or town lots, and to make sale thereof for the same, as is now or resideuts. may hereafter be vested in the sheriff or collector, under the gen- eral laws of this state, and shall account for and pay over the state ta,x, in like manner and at the same time that county collectors are required to pay over said tax. Said treasurer shall be entitled to „ like fees for delinquent real estate and for traveling to the seat of government as county collectors are entitled to under the revenue laws. The county treasurer shall, within twenty days after hav- Return of as- ing completed the collection of the delinquent tax, deposit the sessment rou. assessment rolls or tax books returned by the town collectors in the office of the county clerk. § 7. At the annual meeting of the board of supervisors, or at Exhibiting boots such other times as they shall direct, the county treasurer shall ^'^'^ **"'°'^'>*8- exhibit to them all his books and accounts, and all vouchers rela- ting to the same, to be credited and allowed.' § 8. Upon the death, resignation or removal from office of any Books deiiyemi county treasurer, all the books and papers belonging to his office ^t^^."^*^*^'^"' °" shall be delivered to his successor in office, upon his oath, or, in case of his death, upon the oath of his executors or administrators. In case such treasurer has left the county a demand may be made of any one having charge of the books or papers belonging to said office, who shall surrender them up, and on oath, if required. § 9. If any such preceding county treasurer, or, in case of his Penalty for neg- death, if his executors or administrators shall refuse or neglect to booiJ! "^ "^ deliver such books, papers and moneys, upon oath, when lawfully required or demanded, every such person shall forfeit, for the use of the county, the sum of one thousand dollars. § 10. The county collectors, or treasurers in counties adopting Fees on settle- township organization, shall hereafter be allowed, in their settle- "*'°nrother""*' ment with the auditor, for receiving the state tax from the town duties, collectors, and paying the same into the state treasury, adjusting i^''* the accounts of said town collectors, and correcting delinquent, lists, a commission of two per cent., when the amount received does not exceed ten thousand dollars, and one per cent, on all sum3 received from town collectors over that amount, and shall be allowed one per cent, for receiving the county and town tax, and and is afterwards repaid in other orders which have been paid by the treasurer subsequent to the settlement he is estopped from denying the payment of the orders lent, and can not recover upon those returned to him. — Chejnung Canal Bank v. Board of Supervisors of Chemung Co., 5 Denio 517. ■ A county is not bound to pay interest on county orders. — Madison Co. y. Bartlett, 1 Scam., 67. County commissioners or boards of supervisors making settlements with collectors of the revenue, act as agents of the stiite, and do not adjudicate as a court. Their orders entered Upon their records, are memoranda only, and only prima facie evidence of the correctness of the result st ited. Misfcikes made in such settlement may be inquired into and corrected. '~Was/iingto7i County \ Par/i^r eJ a^, 5 Qilm., 232. 1861. 68 GENERAL PROVISIONS. [dIV. 1. one per cent, for paying out the same : provided, that he shall not be allowed any commission for paying over to a successor. I'miure to pay § 1 1. Whenever any county treasurer shall fail or refuse to pay over revenue. oyer the county revenue the board of supervisors shall cause suit Suit on bond. ^^ ^^ prosccuted on his bond ; and the auditor shall have the same power to prosecute suit against the county treasurers, on the copy of their bonds, as is allowed by law for prosecuting suits against county collectors. Money recovered, § 12, All moncys recovered in any such action shall be paid t^\. '^I'P"'!'"*' or appropriated for the uses contemplated or dii-ected by law. ARTICLE SIXTEENTH. MISCELLANEOUS PROVISIONS CONCERNING THE ASSESSMENT OF PROPERTY AND COLLECTION OF TAXES.* Where persons § 1. Evcry person shall be assessed in the town or district sJtJi be assessed, ^j^ere he resides for all the lands then owned by him within such town or district, jr whose name § ^* I^^nd owned by a person residing in a town or district Und assessed, where the same is situated, but occupied by another person, may be assessed in the name of the owner or occupant, at the election of the assessor. Tc-^onai estate, § 3. Every persou shall be assessed m the town or district v.iuToas.seBsed. where he resides when the assessment is made for all personal estate owned by him, including all such personal estate in his pos- session or under his control, as trustee, guardian, executor or administrator ; and in no case shall property held under either of these trusts be assessed against any other person. Property of cor- § 4. The real estate of all incorporated companies, liable to as'^'ed^' ^^^*'* taxation, shall be assessed in the town or district in which the same shall lie, in the same manner as the real estate of individuals. All the capital stock of every incorporated company, liable to taxa- tion, shall be assessed in the town or district where the principal office of said company is located or business transacted. In the case of toll-bridges, the company owning such bi'idge shall be assessed in th3 town or district in which the tolls are collected. In the case of a stage company, the horses and stages shall be taxed Provieion as to in the towu or district where they are usually kept : provided, r.ii roa . ^y^^^ nothing in this section or act contained shall in any way affect 1^1- the manner of assessing the taxable property belonging to any • railroad company or companies, as now provided or prescribed by the assessment or revenue laws of this state. County clerks to § 5. It shall be the duty of the clerk of the county court, in ^^^g^°°^ '"'^ each and every county where they have organized into townships, to procure or prepare, in conformity with the instructions with (l)In revising the act to provide for township organization, it was the intention of the legisla- ture to re-enact so much of the law concerning the assessment of property and collection of taxes embraced in the former act of 1851 and acts amendatory thereof as remained in force, and to make no further or other changes than seemed to be demanded. It is believed that no very material changes have been made. ART. 16.] ASSESSMENT OF PROPERTY. 59 which he may, from time to time, be furnished by the auditor of pubUc accounts, blanks or books properly ruled and with suitable headings, for the use of the assessors of the several towns or dis- tricts in his county ; a suitable number of which shall always be ready for the assessors throughout the county. And each assessor . v shall call for the same, on or before the first day of May in each and every year. The expense of procuring the same shall be Expense of books. audited by the board of supervisors, and paid out of the county treasury. He shall, also, furnish each assessor with a list of all Ust of lands, taxable lands within their respective towns or districts as have not been heretofore furnished. § 6. On the Saturday succeeding the first Tuesday of April, usts of lands A. D. 1861, and every year thereafter, the, clerk of the county ^"''■i^''^'=^\^-'. court shall have, ready to be delivered to the assessors of each nuuiiy for luises- town, a book, properly ruled and headed, containing a list of the ^^^' real estate, in numerical order, with such blank columns as may be isei. necessary, for the use of the assessors. § 7. The clerk, in making out said list, shall take as his guide Clerks' guide in the assesssment list or collector's book of the previous year and the ^i^°^ ^^' list of subsequent conveyances : provided^ that the lists of lands I'loviso. reported in the annual abstract shall be furnished to the assessors of the several towns in which said lands described in said abstract may be situated, within five days from and after such abstract is received from the auditor's office ; and, at the same time, the clerk shall also cause to be delivered to the assessors aforesaid, a book, properly ruled and headed, for the abstract of the assessment of per- sonal property. § 8. Between the first day of April and July in each year, the Duty of assessors assessors shall, after being furnished with the necessary blanks, pro- ^s^rproperu-^ ceed to ascertain, by diligent inquiry, the names of all the taxable inhabitants in their respective towns or districts, and also the taxa- 1861. ble property, real or personal, within the same, a,nd shall proceed to take a list of taxable property in his town and assess the value thereof, in the manner and as now provided by law. § 9. They shall set down, in separate columns, as headed for set down eacli each article of taxable property, according to their best information ''■'"'''^le. and judgment in accordance with the revenue laws of this state. § 10. When a person is assessed as trustee, guardian, executor Trustees, guard- or administrator, he shall be assessed as such with the addition of "^'^^' '^^' his name to his representative character. § 11. Every assessor shall complete the assessment rolls on or Time of comply before the first Monday in July, as now provided by law, and shall ^■^o°of^^e-"^"'<^°« forthwith cause notices thereof to be posted up in three or more ^'o^'^* °f- of the most public places in the town, ward or district. § 12. Such notices shall set forth the time and place where he contents of no- will meet with the town clerk and supervisor of the town, to cor- *^°*^- rect the roll ; which time of meeting shall not be less than ten „,. , « T p I . , ^ iime 01 mpp nTipr. days Irora completing the assessments, nor more than fifteen days from the time of such completion. 60 GENERAL PROVISIONS. [DIV. 1. Review of assess- meats. Reduction of er- roneous assess- ments. Forms to be used. Jkjualization of Oiisesments by board of super- TiBors. Manner of equaJ- i/ation. 1S61. Unfeir assess- ment, liow amended or set Sidide. ISoi. New assessment may be ordered. § 13. The assessor, town clerk, and supervisor, shall attend at the time and place specified in the notice, and, on the application of any person conceiving himself aggrieved, they shall review the assessment ; and when the person so objecting thereto shall make an affidavit that the value of his personal estate does not exceed a cei'tain sum specified in such affidavit, the assessor shall reduce the assessment to the sum specified in such affidavit ; and if he or any other one objects to the valuation put upon any of their real estate, the board shall hear the objections, and may reduce the same, if a majority of the board think it advisable ; and in such case the assessor shall correct his list.^ § 14. The assessors, in the execution of their duties, shall use the forms and preserve the instructions which shall, from time to time, be transmitted to them by the auditor of public accounts, or furnished them by the county clerks. § 15. The boiird of supervisors of each county in this state, at their annual meeting, shall examine the assessment rolls of the several towns in their county, for the purpose of ascertaining Avhether the valuations in one town or district bear just relation to aU the towns and districts in the county ; and they may increase or diminish the aggregate valuation of real estate, in any town or district, by adding or deducting such sum upon the hundred as may, in their opinion, be necessary, to produce a just relation between all the valuations of real estate in the county ; but they shall, in no instance, reduce the aggregate valuation of all the towns and districts below the aggregate valuation thereof as made by the assessor. They may make such alterations in the descriptions of the lands of non-residents as they shall deem necessary ; and they shall assess the value of all such lands as have been omitted by the assessor and listed by the clerk, and cause the same to be placed opposite the description of said lands, in a column pre- pared for that purpose ; and for such service the clerk shall be allowed one cent for each tract or description so equalized. § 1 6. Said board of supervisors shall have power, and it is hereby made their duty, in case the assessment roll of any town or towns shall, by affidavit, or otherwise, be made to appear to the satisfaction of said board or a majority of them to have been unlawfully, partially, or improperly made, and that such assess- ment is grossly wrong and partial, to amend such assessment, or declare the same null and void ; and said board shall have power to appoint some suitable person or persons, who shall be residents of such towns, to proceed to make a new assessment of property therein, and make return thereof to the board of supervisors, on or before a day to be fixed and specified by said board. (1. )Thisprovision, requiring theassessor, townclerk and superrisor to attend at the time and place specified in the notice, for the purpose of reviewing the assessment, is imperative ; and without such meeting no tax payer can be bound by the assessment. When one party proved that the to\vn clerk w.is not present at such meeting, held to throw on the other pr.r- ty the burden of proving that the other two complied with the law, if it is conceded tont two had power to act. The owner of the land, on trial of a tax title, has the right to raiiw objections of this character. — Hough v. Hastings, 18 Ills., 312. rcction of assess- uieut. ART, 16.] ASSESSMENT OP PROPERTY. 61 § 17. In case the collector of any town shall have been or Proceedings in mviy hereafter be estopped, by injunction or the decision of any 1^^°^ mjuno- court, from the collection of the taxes, in consequence of the assessment of the property in said town being wrongfully or ille- gally assessed, it shall be the duty of the board of supervisors of the county in which any such town is located to hold a meeting, as 1854. soon after they shall have notice of such injunction being granted or decision rendered as practicable, and they shall inquire into the facts of the case ; and if a majority of the board are of the opinion that any such assessment was wrongfully or illegally made, they are hereby authorized and empowered, and it shall be their duty to appoint one or more persons, residents of said town to reassess Reassessments. the property therein. § 18. The person or persons so appointed, shall make and sub- Review ana cor- scribe the oath and be governed in all things pertaining to said assessment in like manner as town assessors, and shall proceed, I86i. without delay, to make such reassessment. Such person or per- sons shall attend at the office of the town clerk of said town, for the purpose of reviewing the lists or rolls of said assessment. And |^^^" °^ p™" said assessment roll or lists shall be examined and corrected, in like manner and by the same officers that would be authorized to review and correct it if it had been a regular assessment, except that the person or persons making the assessment shall act, instead of the regular assessor : provided, that the person or persons making such Proviso assessment shall first give at least ten days' notice of the time and place of reviewing the assessment ; which notice shall be once published in some newspaper published in said county, if there be Notice of review any paper published therein ; and said notice shall be posted up i^g assessment. in three or more of the most public places in such town. § 19. The person or persons making the assessment aforesaid, Returns to coun- shaU make return thereof to the county clerk, in manner and form j^^''^'^'^' as is or may be prescribed by law for making returns of assess- ment, and be allowed such reasonable compensation therefor as Compensation of the board of supervisors shall determine and allow ; which com- p'-'^^^'^ assessing. pensation shall be paid in like manner as the compensation of town assessors is paid. Upon the return of the assessment I'olls, afore- said, the county clerk shall cause the proper list of the property j^^^g f^^ t^,^ assessed, with the taxes extended thereon, to be made, for tlie use coUector. of the town collector. Said lists shall be made out and delivered to the collector authorized to collect the taxes due thereon, as soon after the assessment rolls or lists are received by the clerk as practicable. § 20. The board of supervisors shall have power, and they Appointment o# are hereby fully authorized, to appoint some suitable person to igsl!^ °^' collect the taxes due on the lists made out, as aforesaid, if in their opinion it is expedient to do so. And the person so appointed shall execute a bond and qualify, in like manner, and shall receive Bond. like compensation, and shall be subject to like penalties, as town collectors are subject to. Any person appointed and qualified, as provided for in tliis section, shall have full power and authority to Power to coUet-t. 62 GENERAL PROVISIONS. [dIV. 1. collect the taxes charged in the tax list ; and for that pui-pose he may levy on and make sale of goods and chattels, and do all and everything necessary to be done in the premises, in like manner as town collectors are authorized to do by the general laws relative to the collection of the revenue. Time fixed for re- § 21. The board of supervisors shall fix the time at wliich suqfe *"™' collector shall make return and settlement for the taxes collected ProTiso by him : provided, that such time shall in no case exceed sixty ^^- days fx'om the time the tax list is delivered to said collector ; and the county collector is hereby authorized and required to collect Non-resident *^^ taxes duc on any assessment made under the provisions of this property act, on non-rcsidcnt property, by sale or otherwise, in like manner as he is authorized to do in cases of regular assessments. Neglect to pay § 22. In all cases where the collector of any town shall not enaoln time! have paid ovcr to the county collector the state revenue, prior to I85i. the time such county collector is required to pay said revenue into the state treasury, the county collector shall pay over the state rev- enue collected in said town within thirty days after the time of settlement with the town collectors. Disputed claims § 23. When tAvo or more persons shall be claimants of any menT^remve^d"''' ^^nds, the towu collcctor shall be authorized to receive payment of from each. taxes from each claimant of such land, and give receipt for the same; and said collector shall report to the clerk of the county court such double tax, to be by him disposed of as is now required by law — which receipt shall be evidence in all courts, where the same shall come in question, of the payment of taxes on the land therein described for the year or years therein mentioned. Satisfaction piece § 24. Upon the Settlement of the amount of taxes directed to to collectors j^g collected by any collector in any of the towns or cities in this state, the county treasurer shall, if requested, give to such collector or any of his sureties a satisfaction piece, in writing, and shall acknowledge the same before some person authorized to take acknowledgments of deeds. Satisfection of § 25. Upon the production of such satisfaction piece, acknowl- '^°'^- edged as aforesaid, the recorder of the county shall enter satisfac- tion of record of the collector's bond ; which shall operate, prima facie, as a discharge of the sureties only. Fees for acknowi- § 26. The officer taking and returning such acknowledgment ^s^s- shall be entitled to the same fees as for taking and entering acknowledgments of satisfaction of a deed or mortgage. County clerk's § 27. The clerks of the county courts shall hereafter be fees. Serrices allowed the Same fees for making transcripts of each taxable town os^ssments. lot for the use of the assessor ; for copying the same, and com- 1^^- puting and extending the taxes thereon ; for making record of each town lot for judgment ; for making transcript of judgment -; for sale, and for assisting the collector in selling the same, as are now allowed by law for like services on each tract of land. The County tax to be board of Supervisors of each county shall have power to levy, for county purposes, a tax of not exceeding five mills on each dollar's ART. 17.] ROADS, HIGHWAYS AND BRIDGES. 63 Avorth of taxable property, instead of not exceeding four mills, as now provided by law. y § 28. Nothing in this article shall be construed as affecting the ?„„!. uws not re- provisions of any law now in force concerning the assessment of P''*'<'.'1 ""'ess ia property and collection of taxes, when the same is not in conflict l^^^^ with the provisions herein ; but where the same shall be in conflict with any of the provisions of this act, in that case the provisions herein shall govern. ARTICLE SEVENTEENTH. OF ROADS, HIGHWAYS AND BRIDGES.'* § 1. The commissioners of highways, in the several towns in powers of coro. this state, shall have the care and superintendence of highways r'.''^^'°"':" '^* and bridges therein, and it shall be their duty :* (1) It has been well observed that nothing tends to mark more distinctl}' the progress of Rociety, in any country, than the construction and improvement of public roads. It is a subject which has claimed the attention of all prosperous and well regulated communities in all ages of the world. In England, every parish is bound of common right to keep the higli •oads that pass through them in good and sufficient repair; unless by reason of the tenure of lands, Or otherwise, this care is consigned to some particular private person. From this burthen no man was exempt by the ancient laws of that country, whatever other immunitie.4 he might enjoy ; this being a part of the trinoda necessitas to which every man's estate was subject. For the most part the care of roads, only, seems to be left to parishes, that ui" bridges devolving mostly upon counties at large ; by Stat. "22. Htn. VIII, c/iap. 5, if the parish neglected those repairs they might, formerly, as now, be indicted for such neglect ; hut it was not then incumbent on any particular officer to call the parish together and set them upon this work; for which reason by the stat. 2 and 3 Ph. and ill, chap. 8., surveyors of highway .^ were ordered to be chosen in every p;irish. SeclBlac/c. Co?n., 3o8. Like officers in the Uni- ted Sfcites are desiguated by different appellations, as surveyors, commissioners, overseei-s, supervisors, &c. Ttiis office, says Mr. Dalton, (Just., chap. 50,) exactly answers to that of the curatore.t viarum of the Uomans ; but it should seem that theirs was an office of rather more dignity and authority than that of surveyor of highways in Kngland, not only from comparing tlie method of making and mending the Roman ways with those of the English paiishe.s, but also because one Thermus,a distinguished citizen who was the curator of theFlaminian way, was caudidat« for the consulship with Julius Csesar. In the New England states, likewise, the care and superintendence of roads has been accepted by some of the most eminent men. Gov. Briggs, of Massachusetts, not many years since, held the office of chairman of commissioners of highways of Berkshire county, in thut state — yet in the state of Illinois such offices are considered so burdensome that a fine has to be imposed by statute upon such as refuse to accept when chosen or appointed to them. Tlie state of Illinois certainly furnishes superior facihtieS for excellent roads ; and it would seeiu that ample provisions have been made by this act, for their construction and improvement. Efficient officers and a proper understantling of duty, is all that is required to insure the end designed. Under our system, the construction of roads and bridges is, for the most part accom- plished through our township organization ; the counties contributing towards the construc- tion of bridges, in cases where the expense would be too onerous to be wholly borne by th« towns in which they are situated. The statute in express terms gives to commissioners of highways when elected the care and superintendence of the highways and bridges of the town, and confers upon them all powers requisite for the execution of their trust. They are in no way responsible to the town, but are themselves a species of (juasi corporation, with power to sue and be sued, having legal succession and deriving their authority not through the town, but directly from the statute. The towns have no power to give the slightest direc- tii>u or instruction to these officei-s as to the performance of their duties. — Commissioners of Niks V. Martin, i Mick. R.. 5.5". (2) Oommissioners of highways can not by virtue of their office bring suits to recover dam- ages against iadividuals or corporations for illegally entering upon and taking possession of the public highways or bridges of their town. Neither have the electors of a town, at town meeting, power by resolution or otherwise, to authorize such commissioners to bring an ac- tion in their own names or in their name of office, for such injuries. Such a resolution, if passed at town meeting, would not bind the town. — Corndt v. Guilford, 1 Den , 510. In the case cited, the electors of a town at town meeting directed the commissioners of highways to prosecute a turnpike company for entering upon and taking possession of a pub- lic highway and bridge in that town, and the commissioners .iccordingly brought a suit for the cause of action in their names as commissioners, and had judgment against them. HeUL, ♦See Drainage Law, Appendix, p. 872. 64 GENERAL PROVISIONS. [dIV. 1. Repairing of Ist. To give directions for the repairing of roads and bridges in toiaa and their respective towns, and to cause the building of bridges, when j igQi^' the public interests ornecessity require it.' y! Kstabiish and ai- 2nd. To lay out and establish roads, to regulate the roads te- roads. already laid out, and to alter or vacate such roads as they, or a majority of them, shall deem proper, as hereinafter provided.* \ Describe roads 3rd. To cause such roads, used as highways, as have been laid ' ahvady laid out. ^^^^ ^^^^ ^^^^ sufficiently described, and such as have been used for twenty years, but not recorded, to be ascertained, described, and entered of record in the town clerk's office.^ tliat they could not sustain an action against the town to be reimbursed their costs and ex- penses, or the costs recovered against them in that suit. The electors of a town can not bind the town, except in manner prescribed by law. — lb. See ante, p. 13, Note 1. A bond taken in tlie names of the commissioners of highways of a town in vu-tue of offlcf, for the benefit of the town in its corporate capacity, and intended to relieve the taxable in- habitants of the town from the payment of a tax for a public improvement, viz., the exten- sion and opening of a public highway, can not be enforced against the obligors ; the commiH- eioners having no authority to take a bond of that nature and the general policy of the law forbidding such a transaction. So held, notwithstanding the improvement was intended to be a village improvement, local in its character, from which the inhabitants of the to-\vn at large would derive little or no advantage, and the obligorsasresidentsof the village, or owning property there, were, for the sake of the benefit to the village, wiling to assume the cost of the improvement and indemnify the town. — Webb and others v. Albertson and others^ 4 Barb., 51. (1) Chancellor Kent, in speaking of the duty of commissioners of highways, in keeping roads in repair, says : Tliis seems to be a general duty, applicable at aU tunes, and in all places; yet when we come to read the details of their duty, we perceive it does not exist ab- Bolutely, but arises only when the commissioners have money in hand from forfeitures and penalties, or which have been paid over to them under the direction of the supervisors. — 17 Johns., 4u2. The powers of the commissioners of highways are co-extensive with the territory included in the public way and they may work and improve every part and parcel of it, at pleasure, being only responsible for a wanton or malicious injury to the rights of the adjacent owners. In villages or other thickly settled portions, where their powers are not superceded by acts of incorporation, or otherwise abridged, they may make reasonable and suitable pro- visions for w;dks or passways for foot pa.ssengers, at the sides of the streets or highways. — Graves ^ White v. Otis and others, 2 Hill, 466. (2) A town can not by vote, authorize or compel the commissioners of highways to lay out, alter or discontinue a particular town ^ray or public road ; their duty being expressly pointed out by law, and they can only act in obedience to its provisions. — Keen v. Stetson, 5 Pick., 492. For duty of commissioners in this respect, see. post, section 51. (3) Under this provision of the law it will be the duty of the commissioners, without re- quest or petition, to proceed at once to re-survey all such roads as they shall deem not suffi- ciently described, as well as such as have been used for twenty years, but not recorded, that the same may become a matter of to^vn record, and their precise location be the more easily determined, which may avoid any disputes between parties interested that might otherwise arise. The former will doubtless include most of the roads which have been laid out and es- tablished by virtue of county authority ; and, indeed, it has been the policy of very many towns to cau.se all such roads indiscriminately to be resurvejed for the convenience of a perfect record in the immediate neighborhood, but theh- authority to do this where roads are silieady sufficiently described, may well be questioned. Twenty years uninterrupted user of a wajis j)ri.ma facie evidence of a prescriptive right. — 1 Saand., 323 alQEa^t 476 — 2 Wills, 5Si Br. ^ Hing, 403. Coivp., 215 Hence all such roads as have been used and traveled by the public for twenty years without interruption, become public highways by prescription, which in law is defined to be the man- lier of acquiring property or any particular right, by a long, honest and uninterrupted po»- Bcssion or use during tlie time i-equu-ed by law. — Boitv. L. Diet., title ^^Prescription." The public may acquire the right to the use of land as a highway, by dedication, by upe in the nature of prescription, or by condemnation ; and the uninterrupted use of land for ;i highway for tlie period of twenty years, is sufficient to establish the existence of a highway. The fact of dedication, upon a conflict of testimony, in case of contest, is left to the jury, and their finding will not usually be disturbed.— i)oji (V/s v. the People, 21 Bis., 439. The public, however, have not the right to use and occupy the soil of an individual adjoin- ing navigable waters, as a public landing and placeof deposit of property in its transit, against the will of the owner, although such user has been continued for more tlian twenty years. The user can not be urged by the public either as th(! foundation of a legal presumption of a grant, and thus justify a claim bv prescription, or as evidence of dedication of the premisei* to pubhc nse.—Pearsall v. Po.'^t, 20 Wend., 111. S. C. on Error, 22 Wend.,425. The act authorizing commissioners of highways to ascertain, describe and enter of record, TOads used as public highways for twenty years, confers no authority upon them to adjudge what was originally intended in relation to the width or location of the road, any furtlior than such inteation is manitestcd by actmil user, ami they cau not increase the widrh of the ART. 17.] ROADS, HIGHWAYS AND BRIDGES. 65 4th. To cause the highways and bridges, which are or may be HighwayB over erected over streams intersecting highways, to be kept in repair.' ^''^'^ams. 5th. To divide their respective towns into so many road districts Divide town into as they shall deem convenient, by writing, under their hands, to be ^°^ (listncts. lodged with the town clerk, and by him to be entered in the town book. Such division to be made annually, if they shall think it necessary ; and in all cases to be made at least ten days before the annual town meeting.' road or change its location. If the commissioners, in such cases, encroach upon lands which do not belong to the highway as it had been actually opened and used, the owner thereof can not take his remedy by appeal, as in other cases, but must seek it in some other form. — 24 Wend., 491. Though the statute requires public roads to be laid out four rods wide, and when they are laid out under the statute they are deemed to be that width ; yet where they are claimed not as being laid out under the statute, but by reason of a user for twenty years or more, they may be less than four rods wide. — Harlan v. Harriston, 6 Cow. ,189. It seems that whether the highway is by user only or by the statute, it must be of the width prescribed by law, where the dedication or donation is not expressly or impliedly restricted by the owner ; when not so restricted, it is not confined to the mere track which is beaten by carriages and the feet of animals, in passing along, but includes and carries with it the width as provided by statute. — Bumpers v. Miller, 4 Mich. R., 164. Where commissioners of highways proceed under this act to describe a road more suffi- ciently which has been formerly laid out but not sufficiently described, they evidently haye no authority to change the width of the road — they can only determine the location of the roa4 in question. — Bumpers t. Miller, 4 Mich. R., 161. form of order of Commissioners of Highways for ascertaining a road imper- fectly described or not recorded. Lake County, ) Town of Avo7i, ) ' Whereas, a road leading from Hainesville, northward to the Fox River road, in said town of Avon, and now used as a highway, was laid out by the " commissioners of highways of said town, on the — day of , A. D. 18 — , {or, by authority of the County or County Commissioners' Court, as the case may be,) but which is not sufficiently described of record, [or, has been used for twenty years for such highway, but has never been recorded.) Now, therefore, we the undersigned commissioners of highways for the said town of Avon, do order that said road be ascertained, described and en- tered of record in the clerk's office of said town, according to a survey which has been made under our direction, as follows : {here insert the survey.) And we do further order that the line of said survey be the center of said road and that the same be of the width of — rods. Given under our hands this — day of , A. D. 18 — . Nahum White, 1 Commissioners Orville Slussek, >- of Wm. H. Hall, ) Highways. (1) It seems thatwhere a bridge is built by an individual over a natural stream, for hisown benefit, if the bridge be of public utility and is used by the public, they are bound to keep it in repair ; but not so when the necessity for the bridge is created by the individual. — Dygert ^. Schenck, 23 Wend., 446. Commissioners of highways are not bound to build or repair bridges when not in funds to defray the expenses.^7 Wend., 474. An indictment against commissioners of highways is defective unless it aver that the de- fendants had funds or other means to defray the expenses.— 2 Hill, 619. At common law, the counties and not towns were liable to build and repair the necessary bridges and the remedy for neglect was by indictment.— 17 Johns., 452. ^Form of Order dividing Town into Road Districts. Kendall County, ) Town of Oswer/o, ) ' We, the commissioners of highways for the said town of Oswego, do hereby order that said town be divided into road districts, as follows : — Road district number one shall embrace all of the highways contained within the following territorv, (or boundaries, giving the description by sections, or out- 5 loQ GENERAL PROVISIONS. [dIV. 1, To assign road 6th. To assign to each of the said road districts such of the inhabitants hable to work on highways as they shall think proper, having regard to proximity of residence, as much as shall be ; and, Working of high- 7th. To require the overseers of highways, from time to time, ways. jjj^(-| j^g often ^as they shall deem necessary, to wara all persons to seers to warnper- work on highways to come and work thereon, with such imple- sons to work. ments, carriages, sleds, cattle, or teams, as the said commissioners, or any of them, direct.' Oommissioners to § 2. At the first meeting of the commissioners of highways, chw.se treasurer, ^fter they shall have been duly elected and qualified, they shall proceed to choose one of their number treasurer. The treasurer so chosen shall receive and have charge of all moneys raised in the town for the support and maintenance of roads and bridges. He shall hold such moneys, at all times, subject to the order of the commissioners of highways, and shall pay them over upon their order, or a majority of said commissioners, and not otherwise. He Shall giTe bond, shall execute bond, with good and sufiicient security, in such manner as the supervisor and town clerk shall determine, condi- tioned for the faithful discharge of his duties as such treasurer, and that he will honestly and faithfully account for and pay over, upon the order of the commissioners of highways, all moneys that shall come to his hands by virtue of his said office — which bond shall be payable to the supervisor of the town and his successor in office, and be approved by the supervisor and town clerk, and filed in the town clerk's office.* ward boundaries, as may be thought proper,) aud all the inhabitants hable to work on the highways residing therein, shall be and are hereby assigned to work on the highways in said district number one. District number two shall, &c., {continue as aforesaid, until the whole town is divided.) Given under our hands this — day of A. D. 18 — . Alfred Edson, ^ Commissioners E. DouD, [■ of 0. H. Sherwood, ) Highways. (1) There has been some confusion in the laws in reference to the jurisdiction of roads iu counties adopting township organization ; by the terms of this act it is conferred upon the commissioners of highways, but by a subsequent Act of the Legislature, entitled " An Act to amend chapter 93 of the Revised Statutes, and to locate certain roads," approved February 17th, 1851, and which went into eefect April 17th, 1861, ( See Seis. Laics 1851, p. 179, § 19,) it is provided " That the county courts of the several counties of this state, shall have the su- pervision and control of all roads and public highways within their respective countie.i, whether such county be organized under or by virtne of the "township organization law"' or otherwise, and shall be governed by the several laws of tliis state relating to roads and public highways previous and at the time of such organization, and all laws and parts of laws coming within the purview of this act, or inconsistent therewith, be and the same are hereby repealed." This law continued in force until the session of 1853, when the following act was pas.=ed : ' An Act to amend an Act entitled 'an Act to amend chapter ninety-tliree of the "Kevised Statutes and to locate certain Roads. Section 1. Be it enarted by the People of the State of Illinois, represented in the General Assembly, That so much of the nineteenth section of the above recited Act a.s gives to the county court supervision and control of all roads and public highways in counties which have adopted township organization, be, and the aame is hereby repealed. , § 2. This Act shall be in force from and after its passage. Approved February 12th, 1853." Thus it would seem that from April 17, 1851, to February 12, 1863, the county court, even in counties adopting township organization, had the supervision and control of all roads and public highways within their respective counties. 2 Form of Bond of Treasurer of Commissioner of Highways. Know all men by these presents, That we, Thmnas Jialsion, as princl- ART. 17.] HIGHWAYS— COMMISSIONERS. G7 § 3. The commissioners of highways, of each town, shall render Rppnrt of com- to the board of town auditors, at their annual meeting for auditing higji'^ayfto*^ the accounts of town officers, an account, in writing, stating : town auditors. 1st. The labor assessed and performed in such towns. 2d. Tlie sums received by such commissioners for fines and commutations, and aU other moneys received under this act. 3d. A statement of the improvements necessary to be made on such roads and bridges, and an estimate of the probable expense of making such improvement, beyond what the labor to be assessed in that year and the road tax will accomplish. 4th. Also, a statement, in writing, of all expenses and damages, in consequence of laying out, altering or discontinuing roads. 5 th. Also, a statement of the amount received from the col-i8Ci. lector of the town, or from any other source, up to the time of such statement, and the manne** in which the same, if any sum, has 1857. been paid out and expended, to whom, and on what account.' pal and Robert Ralston and Charles Hasken^ as sureties, are firmly held and bound to Wilber D. Armstrong, supervisor of the town of Harlem, in the county of Winnebago, and to his successors in office, in the penal sum of dollars, which payment to be well and truly made, we do bind our- selves, our heirs, executors or administrators, jointly and severally, by these presents. The condition of this obligation is such, that whereas, the above bounden Tlionias Ralston, was on the — day of , 18 — , duly chosen treasurer of the board of commissioners of highways of the said town of Harlem, and is about to enter upon the performance of the duties of said office. Now, therefore, if the said Thomas Ralston, as such treasurer, shall honestly and faithfully account for, and pay over upon the order of the commissioners of highways of said town, all moneys that shall come into his hands by virtue of his said office, then this obligation shall be void, otherwise to be in full force. Witness our hands and seals, this — day of , A. D. 18 — . ToHMAS Ralstox, [seal.] Robert Ralston, [seal. | CUAELES HaSKEN, [sEAL.] ^JF'orDi of Account of Commissioners of Highways to be rendered to Town Auditors. To the Board of Town Auditors of the town of Antiock in the county of Lake, and state of Illinois: The annual account of the commissioners of highways of Antioch, for the year ending the — day of , A. D. 18 — , showeth as follows, to wit: 1st. The labor assessed in said town during the year ending on the — day of , A. D. 18 — , is days, and the amount of said labor actually performed is days, as appears by the returns made to us by the several overseers of highways in said town. 2d. We have received for fines and commutations, and from other sources, under the statutes relative to highways, the sum of dollars, as follows, to wit: 1856. I ^ I July 6. From Ira R. Webb, as balance of money received by him as overseer, $ 7.87 Oc-t. 9. I From t/o/t7i jSm• of Gardner M. Hastings, ) Highways. A town has no authority, however, to raise money to aid in the construction of a road which by law is to bi made at the expense of the county; and con.sequently a tax laid by the town for the purpose of collecting the money is illegal and void. So held in Massachu- setts. — Pearson v. Gaslien, 17 Pick., 396. ART. 17.] HIGHWAYS — COMMISSIONERS. 69 forty cents on each one hundred dollars' worth, as valued on the 1867. assessment roll of the previous year. 3d. They shall affix to the name of each person named in the Number of aayo lists, so furnished by the overseers, the number of days assessed to ^^^^ ^^^"^ ^'' each person for highway labor, personal property, and also a 1861. description of each tract of land, and the name of the owner, if Description and known, with the valuation thereof, as taken from the assessment '^^"'^ °^ ^'"^• roll of the previous year, and the amount of road tax assessed thereon, in a separate column. The lists so prepared shall be sub- scribed by the commissioners and deposited with the town clerk, , to be filed in his office.' ^Form of Order of Cmranissioners assessing highway labor and road tax. Lake County, ) Town of Waukegan, J At a meeting of the commissioners of highways of said town of Waukegan &t the town clerk's office, in said town, on the — day of , A. D. 18 — , the said commissioners having proceeded to ascertain, estimate, and assess the highway and road tax to be performed and paid in said town the ensuing year, do estimate and assess two days' highway hibor to each and every male inhabitant in said town, liable to be assessed for highway labor, to be performed in said town the ensuing year; and we do assess a road tax of twenty cents on each one hundred doHars worth of real estate and personal property, liable to taxation of said town, as valued on the assessment roll of the past year, to be paid in said town the ensuing year. Witness our hands this — day of , A. D. 18 — . Norman Phillips, ) Commissioners Wm. G. Newman, > of James Wiseman, ) Highways. Form, of List of Assessment of highway labor. Lake County, ) Town of Fremont, J We, the commissioners of highways of the said town of Fremont, having proceeded to ascertain, estimate and assess the highway labor and road tax to be performed and paid in said town the ensuing year, have made out the estimate and assessment for road district number one, in said town, to wit: The inhabitants of said town, assigned to said road district, are assessed for highway labor as follows, viz. : NAMES. I NO. OF DATS. Hurlburt Swan, Isaac H. Smith, Given under our hands this — day of , A. D. 18 — . Robert Lyon, ^ Commissionei'S Robert E. Swan, |- of Thomas H. Payne, ) Highways. The town clerk will make a copy of the foregoing list. Robert Lyon, ^ Commissioners HoBERT E. Swan, > of Thomas H. Payne, ) Highways. Form of List of Assessment of road tax, Lake County, ) Town of Fremont, \ ' We, the commissioners of highways of the said town of Fremo7it, having 70 GENERAL PROVISIONS. [dIV. 1 Gierk make § 9.' The Commissioners shall direct the clerk of the town to im^ °^ ^' make a copy of each list, and shall subscribe such copies ; after Copies deUvered which they shaU cause the several copies to be delivered to the to overseers. respective overseers of highways of the several districts in which the highway labor is assessed; one copy for each overseer shall •contain the name and number of days assessed to each person, the other the real and personal property road tax. Subseauentaddi- §10' The names of persons left out of any such list, and of new «ons to the lists, inhabitants, shall from time to time, be added to the several lists, , and they shall be rated by the overseers in the same proportion to work on the highways as others rated by the commissioner.3 on such Hst, subject to an appeal to the commissioners. Credit to persons" § H' It shall be the duty of Commissioners of highways of each iiving on private town to Credit sucli persons as live on private roads and work the same so much, on account of their assessment, as such commission- ers shall deem necessary to work such private road, or to annex such private road to some of the highway districts. Posting of notices § 12. The town clerk shall, within ten days after the commis- ^tor amount of gjoj^ei's of highways have filed in his office the amount of road tax voad tax is filed. t i i i 1861. assessed on the real and personal estate of the towns, post a notice on the outer door of the house where the town meeting was last held, stating the amount of road tax assessed on each one hundred dollars' worth of the real and personal estate of the town, and that all persons interested can pay the same in labor on the highways, under the direction of the overseer of highways, in the district where the land or personal property is situated.' proceeded to ascertain, estimate, and assess the highway labor and road tax to be performed and paid in said town the ensuing year, have made out the estimate and assessment of the lands situated in road district number one, with the names of the owners so far as known for road tax, as valued on the assessment roll of last year, to wit, A. D. 18 — , as follows: NAME I DESCRIPTION I NO. I VALUE I TOTAL 1 AM'T I VALUE OP I AM'T ITOTAL. OP OWNER. I OP LiVNDS. | ACRES. | PER ACRE. | VALUE. | TAX. |pER. PROP.| OF TAX.| T.4X. ilurTbm1;'Swan,|NTvv7isic7il.| 160 I $20.00~T¥3,2007ol)^■S6.40c^Tii^O:0(^^»3.20 1 *9760 James S. Clark, |S.W.,1 " " I 160 | 20.00 | 3,200.00| 6.40c. | 800.00 | 1.60 [ S.O O Given under our hands this — day of , A. D. 1 8 — , Robert Lyon, 1 Commissioners HoDERT E. Swan, > of Thomas H. Payne, ) Highways. The town clerk will make a copy of the foregoing hst. RoDKRT Lyon, J Commissioners HoDERT E. Swan, > of Tho.mas H. Payne, ) Highways. Note. — It seems that the personal property road tax of an individual, if not paid, should be returned with his land tax, to be levied upon the land, and collected and paid over to the commissioners the same as the land tax. See po,«, sections 43 and 46. Where the individual has no land assessed the rem?dy for the recovery of his personal property tax, is, no doubt, by an action in the name of the to^vn, to be prosecuted in the same manner as ortUnary actions in favor of the town ; and this is an appropriate remedy to enforce the pay- ment of a tax, without reg.ird to the remedy given by distress. — See Rynn v. GaUatin Co., 14 nis., 83. Glancey v. Elliott, Id., 458. Dunlap v. Gallatin Co., 15 Id., 9. '^Form of Notice of assessment of property tax. Notice is hereby given that the amount of road tax assessed on each one ART 17.] BRIDGES. 71 § 13. If the commissioners of highways shall refuse or neglect Neglect of duty to jjcrform any of the duties enjoined on them by this act they |^y <=on»n"8sion- shall severally forfeit, to the town, not less than five nor more than Penalty, lifty dollars, and may be proceeded against, severally, for the-^^^^* recovery of said forfeiture. BRIDGES. § 14. Wlienever it shall be necessary, in any town, to build a Ta't for erecting bridge, the cost of which shall be more than can be raised by ordi- 1854? nary road taxes, the commissioners of highways shall lay before the tow^n auditors of such town a statement of the amount of ''^'^'•''"f'*' °f _ . , n 1 ■ 1 1 1 ,. amount necessa- money necessary tor the construction thereof, and said board of ry. auditors shall certify the same to the board of supervisors of the county in wliich such town is situated. The amount so certified shall, by said board of supervisoi's, be levied on the taxable prop- erty of such town and collected by the collector thereof, in the Siime manner as other taxes arc levied and collected.^ § 15- The commissioners of highways of each town may, when Fast driving over __ bridges. hundred dollars' worth of real estate of the town oi McJIenry, in the county of Mcllcnry^ for the ensuing year, is twenty centa, and that all persons inter- ested can pay the same in labor on the highways, under the direction of the overseers of highways in the districts where the land is situated. Alex. H. Nixon, Town Clerk. Dated at McHcnry, May 1st, 18 — . • '^Form of Statement by C&mmissioncrx of amount necexsary to build a Bridge. Statement of the amount of money ueces.sary for the construction of a bridge in the town of Wauconda, in the county of Lake, over the river, the building of which is deemed necessary. The total cost of building said bridge will be $1,(1(10.00 The amount which can be raised by ordinary road taxes is 50(1.00 Leaving a balance necessary for the construction thereof of $500.00 Dated this — day of , A. D. 18—. Thomas Dillon, ] Commissioners Setu Hill, V of JoSepii Walton, ) Highways. Form of Certificate of Auditors to Statement of amount for building bridge. To the board of supervisors of tlie county of Lake, state of Illinois. We, the board of town auditors of the town of Wa7iconda, in said county, do hereby certify : that it appears from a statement made by the commis- sioners of highways of said town bearing date the — day of , A. D. IS — , and laid before us, that the cost of building a certain bridge necessary in said town, over the river, is more than can be raised by ordinary road taxes, and that the further sum of five Imndred dollars is necessary for tlie construction thereof. In witness whereof, we have hereunto set our liands this — day of A. D. 18—. Andrew Cook, ^ Geo. J. Tower, 1 Town Justus Bangs, [Auditors. Clark Gale, 72 GENERAL PROVISIONS. [div. 1. 1861. Notice to pro- hibit. Penalty. 1861. Injury to bridge, 1861. Bridges upou towu boundaries. 1861, Joint contracts for building. 1861. Neglect to per- Ibrti conti-act. Suit miUDtuined. 18dl. they shall deem it advisable, put up and maintain, in conspicuous places, at each end of any bridge in such town, maintained at the public charge, a notice with the following words, in large charac- ters : " Five dollars fine for riding or driving on this bridge faster than a walk." § 16. Whoever shall ride or drive, faster than a w^alk, over any bridge, upon which such notices shall have been placed and shall then be, shall forfeit to the town, for every such offense, the sum of five dollars. § 17. Whoever shall purposely injure any bridge or causeAvay, maintained at the public charge, shall, for every offense, forfeit to the town treble damages. § 18. Whenever any adjoining town shall be liable to make or maintain any bridge or bridges over any stream dividing such towns, or on the line dividing such towns, such bridge or bridges shall be buUt and repaired at the equal expense of said towns, without reference to the town lines. § 19. For the purpose of building or keeping in repair such bridge or bridges, it shall be lawful for the commissioners of high- ways of said adjoining towns to enter into joint contract ; and such contracts may be enforced, in law or equity, against such commis- sioners, jointly, the same as if entered into by individuals ; and said commissioners may be proceeded against, jointly, for any neglect of duty in reference to such bridge or bridges.' § 20. If the commissioners of highways of either of such towns, after reasonable notice in writing, from the commissioners of highways of any other of such towns, shall neglect or refuse to rebuild or repair any such bridge or bridges, it shall be lawful for the commissioners so giving notice to make or repair the same, and then to maintain a suit, in their official capacity, against said com- ^I'brm of Contract between CommiHHionerH of Highways of adjoining townx^ for building bridge. This contract made and entered into this — day of , A. D. 18 — , by and between A. B., C. D. and E. F., commissioners of highways of the town of Byron, in the county of Ogle and state of Illinois, of the one part, and G. H., I. J. and K. L., commistioners of highways of the town of Marion, in said county, being adjoining towns, witnesseth, that said towns having become liable to make a bridge across Rock river, a stream dividing such towns, said commissioners, in cousiderAtion of the premises and of the agreement hereinafter set forth, to be kept and performed by the respective parties, do contract and agree, that said bridge shall be built over said river where the road leading from , to , crosses the same, on the line of the center of said road : that said bridge shall be of the lollowing plan and materials, to wit : (*S'e< forth brief y the jdan and materials, where siuh in made part of the contract.) That the building of said bridge shall be let by contract within o7ie month from the date hereof, to the lowest bidder, who shall be required to complete the same within three months from the date of accepting his bid. That the letting of said contract, the prosecution of the work and acceptance thereof shall be under the joint supervision and direc- tion of said parties hereto, and their successors in office, and that the com- missioners of each town will promptly furnish and pay over the due propor- tion of money that their said town may be liable for, in building said bridge, as the payments shall become due upon the contract for building thereof. ART. 17.] BRIDGES. 73 missioners so neglecting or refusing to join in such making or repairing ; and in such suit the jDlaintilF shall be entitled to recover one-half of the expenses of such building or repairmg, with costs of suit and interest.* § 21. Any judgment recovered against the commissioners of Judgments highways, in their official capacity, under the provisions hereof, g^^^'a'^"™^ shall be a charge on said town, and collected in the same manner charge, as other town charges, except in cases when the court, before which the judgment shall be recorded, shall certify that the neglect or refusal of said commissioners was willful or malicious ; in which Exception, case said commissioners shall be personally liable for such judg- ment, and the same may be enforced against them in the same maimer as against individuals. § 22. Any jiersons owning lands on both sides of any public Crossings for cat- highway shall be entitled to the privilege of making a crossing under said highway for the purpose of letting his or her cattle and 1861. other domestic animals cross said road : provided, said person proviso, shall erect at his own expense a good and substantial bridge, with secure railing on each side thereof, and build an embankment of easy grade on either side of said bridge. Said bridge to be not less than sixteen feet wide, to be approved by the commissioners, In witness whereof, the said parties have hereunto set their hands and ^ seals, the day and year first above written. In presence of ) A. B., [sjsal.' ) CD., [SEA/K E. F., [seal.' Obmmissioners of Highways of the town of Byron. G. H., "seal. I. J., SEAL. K L., SEAL. Commissioners of Highways of the town of Marion. Note. — Tlie foregoing form can be vauied or enlarged to suit the circumstances of particu- lar cases, or the desire of parties. ^Form of Notice to Commissioner a of Highways of adjol7iing towns to joiii in ferforming contract to build bridge. To A. B., C. D. and E. F., commissioners of highways of the town oi Byron, county of Ogle : You are hereby notified to fulfill on your part, the contract entered into by yon, {or by your board) with the undersigned commissioners of highways of the town of Marion in said county, [or with the commissioners of high- way.^ of the town of Marion in said county,) the — day of , A. D. 18—, for building a bridge over Rock river, at the point where the road leading from to , crosses said river, by {here set forth the perform- ance required as stipulated in the contract,) and that unless you shall so per- form on your part within days from this date, the undersigned, said coinmi.ssiouers of highways, will proceed as empowered by law, and com- plete said bridge, and will claim of you the due proportion of the expense thereof, chargeable to your town. Dated at Marion, this — day of , A. D. 18 . E. F., ) Commissioners G. H., \ of I. J., ) Highways. 74 GENEEAL PEO VISIONS. [DIV. 1. and to be kept constantly in good repairs by the ownei* or occu- pant of said land, subject to tlie dii'ection of said commissioners of highways. OVERSEERS OF HIGHWAYS. Duties of over- § 23. It shall bc the duty of overseers of highways in each seers of. high- tOWn : '*^*^* 1st. To repair and keep in order the highways within their sev- eral districts for which they shall have been elected.' 2d. To warn all persons from whom road labor is due to work on the highways, at such times and places, within their several dis- tricts, as they may think proper.^ 3d. To collect all fines and commutation money, and to execute all la^vful orders of the commissioners of highways. 4th. To dehver to the clerk of the town, withm sixteen days after their election or appointment, a Ust, subscribed by such over- seers, of the names of all the inhabitants in his road district, who are liable to work on the highways.^ Tacanc in office § ^4. If any person, chosen or appointed to the office of over- ot overseer. secr of highways, shall refuse to serve, or if his office shall become vacant, the commissioners of highways of the town shall, by war- rant, under their hands, appoint some other person in his stead ; and the overseer so appointed shall have the same poAvers, be sub- ject to the same orders, and Uable to the same penalties, as over- seers chosen at the town meeting.^ Appointment to § ^o. The commissioners making the appointment shall cause Ui med. such warrant to be forthwith filed in the office of the town clerk, who shall give notice to the person appointed, as in other cases. (1) An overseer of highways is hound to remove obstructions from the liighways within his district, although not specially directed to do so by the commissioners. — McFadden v. Kings- hitry^ 11 Wend., 667. (2) Labor assessed for highway purposes can only be bestowed upon such roads or high- ■ways as are established by law. When lands are dedicated by the owner to public use as streets, they do not become public highways until accepted as such by the public authori- ties. — Osive!;n\. Oswego Canal Co., 2 Si'Uk7i,2G3. Townships under the law of this state could probably only accept of such dedication by the action of commissioners of highways, upon proper petition, as in other cases of roads or highways. ^Form of Overseer's List of inhabitants liable to work on the highways. Stephenson County, ) Town of Buckeye, ) I, J. H. Adams, overseer of highways for road district number , in said town of Biickcyc, do certify that the following is a true and correct list of all the inhabitants in said road district, who are liable to work on the highways, viz. : {Here insert the names.) Dated this — day of , A. D. 18 — . J. H. Adams, Overseer of Highways. ^Forrn of Appointment of Overseers of Highways in case of vacancy. 'Wi7i7iebago County, ) Town of Bvtler, \ ^^■ Whereas, a vacancy has occurred in the office of overseer of highways, for road district No. , in said town, by reason of the removal {or refusnl to serve, or death, as the case may be,) of elected to said office: ^ ' lb* ART. 17.] HIGHWAY LABOR. 75 § 26. Every overseer of highway.-;, who shall refuse or neglect Ntgiett of duty to perform any of the duties hereinbefore enumerated or which may be lawfully enjoined on him by the commissioners of high- wavs of his town, shall for every such refusal or neglect, forfeit Penalty, the' sum of ten dollars, to be sued for by the commissioners of high- iiow applied. ways of the town, and, when recovered, to be applied by them in 1861. making and improving the roads and bridges therein.^ HIGHWAY LABOR AND ASSESSMENT. § 27. It shall be the duty of overseers of highways to give at Labor on iiish- , 1 1 , .• . 11 1x11-1 ways. Notice to least three days notice to all persons assessed to work on highways peiibrm. and residing within the limits of their respective districts of the time and place when and where they are to appear for that pur- pose, and with what im})lements ; but no person being a resident of the town, shall be required to work on any highway other than in the district in which he resides, except he resides in a district ^VTiere to work. on a town line, which district belongs to an opposite town, and un- less he shall elect to work in some district where he has any land-; and in such case he may, with the approbation of the commission- ers of highways, apply the work assessed in respect to such land in the district in which the same is situated.^ §' 2«. Every person, liable to woi-k.on the highways, shall work {;°j^^^°'"**"<*'» ^""^ the whole number of days for which he shall have been assessed ; but every such person, other than an overseer of highways, may elect to commute for the same, or some part thereof, at the rate of one dollar and fifty cents per day ; in which case such commutationiger. " *^' money shall be paid to the overseer of highways of the district in which the person commuting shall reside, to be applied and ex- Now, therefore, we, the imdoi'signed, commissioners of highways of said towu, do hereby appoint C. M. Priesely, to be overseer of highways of and for said road district No. — — , in said town, to fill said vacancy. Given under our hands this — day of , A. D. 18 — . Ezra M. Miller, \ Commissioners Almon Whkeler, l of James B. Johnson, ) Highways. The form of notice wsed in case of appointment of town officers, may be used in this c;ise, with little variation, to suit the occa.«ion — See ante . p. 4L (1) An overseer of highways is not liable to a privnte.aciwn for any error of judgment in the execution of his trust. He is only responsible for any neglect or refusal under the sec- tion of the act which subjects him in such case to a penalty. — Freeman v. Coriiwell, 10 Ji>'t)is . 470 If. however he acts mahciously or oppressively, it is otherwise. — 5 Johns.. 125. (2) This notice is not required by the law to be reduced to writing, but should the overseer think to give notice in writing, he can adopt the following form : Form of Notice to person to viork on the Highway. To Mr. Daniel Rose : — Sir: — You having been assessed a poll tax of two days, to be worked on the highways in road district number — , in the town of Young Hickory., are hereby notified to appear with {state with what implement'^) on the — day of , 18 — , at — o'clock in the forenoon, at {state the place) for the pur- pose of working said highway poll tax. Dated this — day of , 1 8 — . John S. Gardner, Overseer of Highways. 76 GENERAL PROVISIONS. [DIV. 1. Time allowed to •ommute. Teams and tools pended by such overseer in the improvement of the roads and bridges in the same district. "^ § 29. Any person intending to commute for his assessment, or any part thereof, shall, within twenty-four hours after he shall be notified to appear and Avork on the highways, pay the commutation money for the work required of him by such notice ; and the com- mutation shall not be considered as complete until such money be paid. § 30. Every overseer of highways shall have power to require to be furnished, a tcam or a cart, wagon or plow, with a pair of horses or oxen and a man to manage them, from any person having the same within Ms district, who shall have been assessed two days, or more, and who shall not have commuted for his assessment; and the person furnishing the same, upon such requisition, shall be entitled to a credit of two days for each day's service therewith. Work in person g '^i Every person assessed to work on the highways, and or by substitute. "^ , i . ^ i i i t i 1867. warned to work, may appear m person, or by an able bodied man as a substitute, and the person or substitute shall actually work Hours of labor, eight hours in each day, under a penalty of twenty-five cents for every hour such person or substitute shall be in default, to be imposed as a fine on the person assessed. § 32. If any person, after appearing, remain idle, or not work faithfully, or hinder others from working, such oiFender shall, for every offense, forfeit to the town the sum of two dollars. 33. Every person so assessed and duly notified, who shall Penalty for idle- ness. 1867. Fines and forfeit- to^^appear^^L^nd ^^^ commute, and who shall refuse or neglect to appear as above Y°^^- provided, shall forfeit to the town for every day's refusal or neg- lect, the sum of two dollars. If he was required to furnish a team, carriage, man or implement, and shall refuse or neglect to comply, he shall be fined as follows : 1st. For wholly failing to comply with such requisition, four dollars for each day. 2d. For omitting to furnish a pair of horses or oxen, two dollars for each day. 3d. For omitting to furnish a man to manage the team, two dollars for each day. 4th. For omitting to furnish a wagon, cart or plow, two dollars for each day. § 34. It shall be the duty of every overseer of highways, within six days after any person assessed and notified shall be • guilty of any refusal or neglect, for which a penalty or fine is pre- scribed in this act, unless a satisfactory excuse shall be rendered to > him for such refusal or neglect, to make complaint, on oath, to any justice of the peace of the county.' § 35. The justice to whom such complaint shall be made shall ; forthwith issue a summons, directed to any constable of the coun> ty, requiring him to summon such delinquent to appear, forthwith, before such justice, at some place to be specified in the summons, to show cause why he should not be fined according to law, ibr (1) This complaint need not necessarily be in writing; it will be a sufficient compliance H&b. the law, if made on oath, in which case the complaint may be re>'Ued in the summoiis- Complaint against de- linquent. 1861. Justice to issue summons. 1861. ART. 17,] HIGHWAY LABOR. 77 such refusal or neglect, which summons shall be served personally Service. or by leaving a copy at his personal abode.' S3G If, upon the return of such summons, no sufficient cause ^'^ay '""po^e fine "^ ' ., , ,^ , ii • X- 1, 11 • n and isBue warrant sliall be shown to the contrary, the justice shall impose a nne, as for collection. is provided in this act, for the offense complained of, and shall forth- with issue a warrant, under his hand and seal, directed to any con- stable of the town where such delinquent shall reside, command- ing him to levy such fine, with the co.sts of proceedings, of the goods and chattels of such delinquent.^ § 37. The constable to whom such warrant shall be directed I'uty of coneta shall forthwith collect the moneys therein mentioned. He shall pay the fine, when collected, to the justice of the peace who issued ^J^or?n of Sumnionii for refusing to work. State of Illinois, ) Jo Dauiess County, ) The people of the state of Illinois, to any constable of the town of Rusk, in the aforesaid county, greeting : — Whereas, complaint hath this day been made before me, Samuel Oxander, one of the justices of the peace of said town, upon oath by Solon Way, overseer of highways in road district number — , in said town, that John Smith, who has been assessed for highway labor in said district, and has been duly notified to perform such work, has neglected to appear in pur- suance of such notice, either in person or by an able bodied man as a substitute, together with a pair of oxen as required by said notice {or, as the case may be) and perform such labor ; You are therefore hereby commanded to summon the said John Smith forthwith to appear before me at my office in said town, to show cause why he should not be fined according to law, for such refusal or neglect, as in said complaint alleged. Given under my hand and seal this — day of , A. D. 18 — . Samuel Oxander, [seal.] Justice of the Peace. ^Form of Warrant for collecting fine. State of Illinois, ) Jo Daviess County, ) The people of the state of Illinois, to any constable of the town of Rush, in the county aforesaid, greeting : — Whereas, complaint was lately made to me, Samuel Oxander, one of the justices of the peace of said town, by Solon Way, overseer of highways for road district number — , in said town, that John Smith, who was assessed &c., {recite the complaint,) whereupon a summons was issued by me requir- the said John Smith to appear before me at my office in said town, forth- with, to show cause why he should not be fined for such neglect, {or refusal, \or as the case may be,) which summons was duly served and returned to me by a constable of said town, and the said Joh?i Smith, not having shown any sufficient cause to the contrary, I have iinpo.-^cd a fine of three dollars on him for his offense, complained of as aforesaid, and taxed the cost of the proceedings on said complaint at — dollars and cents. You are there- fore, hereby commanded to levy the said fine, with the costs of proceedings, of the goods and chattels of the said John Smith, and make returns to me ^ithout delay, and have you then and there the amount of said fine and losts. Given under my hand and seal this — day of , A. D. 18 — . Samuel Oxander, [seal.] Justice of the Peace. GENERAL PROVISIONS. [dIV. 1. the warrant, who is hereby required to pay the same to the over- seer who entered the complaint, to be by him expended in im- proving the roads and bridges in the district of which he is the overseer. Penalty set off. § 33. Every penalty collected for refusal or neglect to appear jgg_ and work on the highways, shall be set off against his assessments upon which it was founded, estimating every two dollars collected as a satisfaction for one day's work. Excuses. § 39. The acceptance by an overseer of any excuse for refusal or neglect shall not, in any case, exempt the person excused from commuting for or working the whole number of days for which he shall have been assessed during the year. Compensation |of § 40. Each, and every overseer of highways shall be entitled overseer. ^.^ ^^^ dollar and fifty cents per day, to be paid out of fines and 1867, commutations money, for every day he is necessarily employed in the execution of his duties as overseer — the number of days to be accounted to and audited by the commissioners of highways j pro- Proviso. vided, that when there is no funds from fines and commutations, the commissioners may pay the overseers out of other funds in their hands, if they think proper. Notice by over- § 41. It shall be the duty of overseers of highways to warn property Toad ^^^ residents of his district, against whom a land or personal prop- t»^. erty road tax is assessed, giving them three days' notice to work out the same upon the highways, and he shall receive such tax in labor from every able bodied man, or his substitute at the rate of one dollar per day; and any person, or his agent, may pay such tax in road labor, at the rate of one dollar per day, and in pro- portion for a less amount ; provided, that any person may elect to pay such tax in money .^ Duty of overseer § 42. It shall be the duty of the overseer of highways, when when tax is paid, g^^.]^ \axvA tax has been paid, either in money or labor, to write the word "paid" distinctly against each name or tract on his list, on which the same has been paid. Delivery of Ust to § 43. Every oversccr of highways shall deliver to the super' supervisor. visor of liis town, at least five days previous to the annual meeting ^^^' of the board of supervi>sors, the list furnished by the commissioners of highways, containing the land and personal property road tax, with an afiidavit thereon, sworn to before the supervisor of the Affidavit that tax town or some justico of the peace of the county, that on all tracts *^^^' ' of land on such list, opposite which the word "paid" is not written, such lax is due, and remains unpaid, according to the best of his belief and knowledge.^ (1) When the overseer of highways desires to give notice in writing, to warn persons to work out property tax, th"; fonn heretofore given for notice in case of poll tax can be used by vary- ing to suit the occasion. See ante^ p. 75. 2 Fonn of Affidavit of Overseer of Highways upon Return of List to Supervisor, State of Illinois, ) Zake County, \ ^^- • James Wiseman, overseer of highways for road district number — , in the' ART. 17.] HIGHWAY LABOR. 79 § 44. If any overseer shall refuse or neglect to deliver such Penalty for refu- list to the supervisor, as provided in the last preceding section, or ^^ m'^eafflda^^t. shall neglect or refuse to make the affidavit, as therein directed, he shall, for every such offense, forfeit the sum of five dollars, and also the amount of tax or taxes remaining unpaid, to be recovered by the commissioners of highways of the town, and to be applied by them in improving the roads and bridges of such town. § 45. It shall be the duty of the supervisors of the several List to be laui be- to wns to receive the list of the overseers of highways, when deliv-*^°''®^"P'^"''^°'^' ered pursuant to the px'eceding section, and to lay the same before the supervisors of the county. § 46. It shall be the duty of the board of supei'visors to cause SuperTisors to the amount of such averages of road tax to be levied on the lands ^"^ ™ ^^^' so returned, and to be collected in the same manner that the con- tingent charges of the county are levied and collected, and to order the same, when collected, to be paid over to the commissioners of highways of the town, to be by them applied to the construction Tax how applied. of roads and bridges. § 47. It shall be the duty of every overseer of highways, to ^'^^'O'' y'^en to have at least three-fourths of the road labor assessed in his district worked out or actually expended on the highways, previous to the first day of October in every year. § 48. Every overseer of highways shall, on the second Tues- Report of orer- day next preceding the time of holding the annual town meeting ***^'^''- in his town, within the year for which he is elected or appointed, render to one of the commissioners of highways of the town, an Contents. account, in writing, containing :* 1st. The names of all persons assessed to work on highways in the district of which he is overseer. town of Waiikcgan, in said county, being duly sworn, doth depose and say, that on all tracts of land described in the annexed list, opposite which the word "joaicZ" is not written, such tax is due and remains unpaid, according to the best of his belief and knowledge. James Wiseman. Subscribed and sworn to before mc, this — day of , A. D. 18—. Joseph L. Williams, Justice of the Peace. Note — The overseer should write the word " paid" against the amount of personal prop- erty tax of each individual, when it has been paid, the same as in case of payment of the land tax, and he ought properly to add the following clause to the foregoing affidavit, although it seems not to be absolutely required by the law : " And further, that the personal property tax, set forth in said list, against which the word ' paid ' is not written, remains likewise unpaid, according to his belief and knowledge." 1 Form of Overseer's Annual Account. Town of McHenry, ss. I, Leonard Gage, overseer of highways for road district number — , in said town, hereby render to H. N. Owen, one of the commissioners of highways of said town, the following account, to wit: 1st. The names of all persons assessed to work on the highways in said district, are as follows : {Here insert the names.) 80 GENERAL PROVISIONS. [div.1. 2d. The names of all those who have actually worked on the* | highways, with the number of days they have actually worked. ' 3d. The names of all those who have been fined, and the sums in which they have been fined. 4th. The names of all those who have commuted, and the manner in which the moneys arising from fines and commutations have been expended by him. 5th. The amount of uncollected road tax, which he has returned to the supervisor of the town, as required in section forty-three of this arrticle. § 49. Every such overseer shall, also, then and there pay to the commissioners all moneys remaining in his hands unexpended, to be applied by the commissioners in making and improving the m roads and bridges in the town, in such a manner as they shall direct. Neglect to report § 50. If any ovcrsccr shall refuse or neglect to render such account, or, if having rendered the same, he shall refuse or neglect to pay any balance which may then be due from him, he shall, for every such offense, forfeit the sum of five dollars, to be recovered, with the balance of the moneys remaining in his hands, by the commissioners of highways of the town, and to be applied in mak- ing and improving the roads and bridges. It shall be the duty of the commissioners to prosecute for such penalty in every instance in which no return is made. Overseer to pay over money. OT pay over money. Penalty. Commissioners to jirosecwte. 2d. The names of all those who have actually worked on the highways, with the number of days they have actually worked, are as follows: Names. W. P. Meletidy, Oliver Owen, No. of days. 3d. The names of all those who have been fined, and the sums in which they have been fined, are as follows : Names. John Doe, Am't of tine. §a 00 4th. The names of all those who have commuted, and the manner in which the money arising from fines and commutations have been expended by me, are as follows : Names of persons commuting. Geo. Gage, Amount. 82 I 25 I have received for fines and commutations as above set forth, the sum of $ , of which amount I have expended the sum of $ in (here xtate fioui the money /las been expended,) and no moneys remain in my hands unexpended, {or the sum of $ remains in my hands unexpended.) 5th. The amount of uncollected land road tax which I have returned to the supervisor of the town as required by law, is dollars, and the amount of uncollected personal property road tax, thus returned, is dollars. Leonard Gage, Overseer of Highways of District No. ~ Dated this — Jay of , 18 — . ART. 17.] HIGHWAY LABOE. 81 [The overseer of roads of the several towns are hereby author- Taking of timber, izecl to enter upon any unimproved land most convenient, and to S'^'^^^'' '*^^- cut and haul away timbei*, or to quarry and haul rock, gravel, sand or earth which may be necessary for the purpose of building or 1S54. repairing any bridge or causeway in their respective road districts : provided, that such overseers shall not take away timber already ProTi?o. cut, or rock or gravel already quarried for another purpose, without leave from the owner or his agent: and provided also, that unless Further pioTi^o. the owner or his agent shall tlrst consent to the cutting of timber or the quarrying of stone, or the taking of gravel, sand or earth, the overseers of roads shall call upon two discreet householders to value the materials about to be used, and if the owner of the materials shall think proper, he or she may choose two other dis- ^'"'"i'. h"^'' creet householders to act with sucli as may be chosen by the over- '''*'^"^'^'*'' seer of highways, and if they can not agree the four shall choose it fifth as umpire, and the five, or a majority of them, shall make out their award, under their hands and seals, and deposit it with the clerk of the town in wliich such bridge is situated, who shall file the same in his otfice. Said award shall be final and conclusive Award to i.'^ of the amount of damages sustained by such person, and the amount ^"'*^' so awarded shall be audited, levied and collected in the same man- ner provided in tlie next pr#ceding section of this act, [section 14 of this article,] and the ovei'seer of highways shall be authorized and warranted, and is hereby full)'- empowered, to ttike such materi- Ho'^ paia. als as aforesaid, for the purposes contemplated in this section, as soon as such award shall be made.'] (l)XoTE. — This section is from the amendatory act of 1854 ; in revitiiig the Township Act it was i'aadrertently omitted, it nevertheless is not repealed, but remains in full force, and is, therefore, inserted here m its propar order. Form of Award for tahiny Gravel, (i:c., from unimproved land, for bridge or causeway. Kendall County, ) Town of JVeausaj/, ) " Whereas, David Smith, overseer of highways of district No. in the town of Neausay, is desirous of taking a quantity of sand and gravel from the land of G. W. Kellogg, the same being uni'nproved land, for the purpose of erecting and constructing a causeway, {or bridge) in the public highway adjacent to said land, and the said David Smith and G. W. Kellogg, being unable to agree upon the damage for taking away the said sand an'd gravel, and the said G. W. Kellogg, not consenting to the thus taking the same, tlie said David Smith called upon the undersigned, S. and T., and the said G. W. Kellogg called upon the undersigned, L. and M., all being householders, to value the said sand and gravel about to be used as aforesaid, and the undersigned have been upon and viewed the premises, and having heard the parties, do award and determine as follows, to wit: That the value of the said sand and gravel about to be used, as aforesaid, is the sum of dollars, and that the said G. W. Kellogg is entitled to that sum therefor. Witness our bands and seals this — day of A. D. 18 . s., SKAL.' 'I'-, SEAL. L., SEAL. M., ^SEAL.^ 82 GENERAL PROVISIONS. [DIY. 1. LAYING OUT, ALTERATION AND DISCONTINUANCE OF ROADS. The alteration, § 51. The Commissioners of highways may alter or discontinue andTtjhig'^out ^"y ^oad, or lay out any new road, when petitioned by any num- cf roads. ber of legal voters, not less that twelve, residing within three miles of the road so to be altered, discontinued or laid out. Said peti- tion shall set forth, in writmg, a description of the road, and what part thereof is to be altered or discontinued; and, if for a new road, the names of owners of lands, if known, over which the road is to pass ; the points at which it is to commence ; its general course, and the place at or near where it is to terminate.* In case the four arbitrators chosen cannot agree, whereby they choose a fifth as umpire, the foregoing form should be varied by adding the following, after the words " to be used as aforesaid,'' say, •* "And the said S., T., L. and M., having been upon and viewed the premises, and heard the parties and being unable to agree, they did choose N., as um- pire, whereupon the undersigned do award, &c., (conclude as aforesaid.) ^Form of Petition for the alteration of a road. To the commissioners of highways of the town of &c. The undersigned legal voters residing within three miles of the road known as {describe the road,) do hereby petition you to alter said road, {or a portion of said road,) as follows: commencing at (jttate the place of commencing) in said town of and rnnning the line of said road as follows : {state th^ manner in which the alteration of the line is desired,) and your petitioners pray that you will proceed and alter said road accordingly. Dated at , this — day of , 18 — . Form of Petition for discontinuance of road. To the commissioners of highways of the town of &c., The undersigned legal voters residing within three miles of the road known as (describe the road) do hereby petition you to discontinue said road (or so much of said road as lies in said town, or the following portion of said road, desa-ibing the portion,) and your petitioners pray that you will proceed and discontinue said road accordingly. Dated at , this — day of , 18 — . Form of Petition for new road. To the commissioners of highways of the town of Avon, in the county of Lake, state of Illinois : The undersigned legal voters residing within three miles of the route here- inafter mentioned and described for a road, do hereby petition to you to lay out a new road of the width of four rods, as follows : commencing at the village of Hainesville, in said town of Avon, at the north end of Gage street, and running from thence in a north-easterly direction, on the most eligible route to intersect the Fox river road-, at or near the house of S. L. Emery, The names of the owners of lands over which the same is to pass are A. B., C D., and E. F., and your petitioners pray that you will proceed to lay out said road and cause the same to be opened according to law. Dated at Avon, this — day of , A. D. 18 — . Where the owners of lands over which the road is to pass arc not known, then that fact ■hould be stated in the petition, which statement should be as fojlows : " The names of the owners of lands over which said road is to pass arc not known to your petitioners." If a portion of the owners are known, and others not known, the statement can be M Mlows ; ART. 17.] LAYING OUT ROADS. 8S § 52. Wlienever any number of legal voters determine to peti- Copy of Potition tion the commissioners of highways for the alteration or discontin- *** *"* pu^teu. uance of any road, or laying out of any new road, they shall cause a copy of their petition to be posted up in three of the most public " The names of the owners of lands over which said road is to pass, aa far as known to your petitioner*, are A., B., C, D., &c. The names of the owners of the following lands which said road is to pass over, to wit : {here describe the lands with reasonable certainty,) are unknown to your petitioners." When a petition is presented to commissioners of highways for their action, they should first examine and see that it is regular upon its face, and that the law has in all respects been complied \rith, othersvise they should not act. The law requires, first, — that the petition shall be sigaed by not less than twelve legal voters residing within three miles of the road proposed to be altered, discontinued or laid out. Second, — if it is to alter or discontinue a road, the petition must set forth a description of the road which it proposes to alter or dis- continue, aad, if a new road, it must set forth the names of the owners of the lands, if known, over which it is to pass, the point at wtiich it is to commence, its general course, and tlie place at or near where it is to terminate. Upon the first, the commissioners may satisfy themselves from actual knowledge, or upon proper inquiry. The second will appear from the petition itself. Note. — The foi-m here given for a petition for a new road can be easily varied to suit an application for alteration or discontinuance of a road. The subsequent forms will likewise be confined to the subject of laying out of new roads, but can also be easily varied to suit the occasion of altering, discontinuiug or refusing to lay out. L It is no objection to a petition that uKire than twelve persons have signed it, and where twelve of the number are legal voters and reside \vithin three miles of the road, it will be no objection because others wliose names are upon the petition are not legal voters, or do not reside within three miles of the road. See Cannel v. Judges of Putnam, 7 Wend., 64. The commissioners of highways can not proceed to lay out a highway .except upon the application of twelve legal petitioners in writing, and an order made by them laying out a highway, without such petition, would be void. — Harrington v. People, 6 Barb., 607. Wil- liams v. Horner, 4Wis. R., 129. The applicants for a road designate the general course desired ; the commissioners, th« particular route, and the latter may make sucli variations as they may think proper, provided the departure is not of such a character as to induce the court to suppose that these oflicers had wholly disregarded the preliminary proceedings of the application. — Hcdlock v. Woolsey, 23 We,id., 328. Where commissioners were appointed by an act of the legislature, to lay out a road on the most direct aud eligible route, commencing at or near a certain village, and the road was laid out, commencing at a distance of sixty rods from the village, in a field where there was no road with which the new road could be connected, and the route instead of being the most direct and eUgible, was, as expressed by the court, strikingly injudicious ; yet notwith- standing these facts, the court awarded a peremptory mandamus to the commissioners of highways of the town, through which the road was laid, to proceed forthwith to open and ■work the road, as laid out by the state commissioners. — People v. Collins, 19 Wend., 56. It wiis held in this case that the court would not collaterally review the doings of the com- missioners, and hold as void the final determination made by them, in the exercise of their discretion or judgment. That the proper way of taking advantage of an error of this kind ■would be by certiorari or writ of error, if no other mode of appeal is given by statute. Hence we see the necessity of getting forth in the petition the points of commencement and termination of the road with a degree of certainty, that may show clearly the wishes of the petitioners, and thereby avoid disputes that may thereafter arise. A highway must be laid out in conformity with the route described in the petition, other- wise the doiugs of the road commissioners will be without authority and invaUd. — Coley. Town of Camnn, 9 Porter R., 88. The laying out of a highway upon inducements or considerations other than the public good is held to be illegal. Thus where a road was laid out by the commissioners, both because they thought the public good requhed it, and because G. and F. stated to them that if they would lay the road the petitioners would make it without any expense to the town ; both of which were taken into consideration by the commissioners in deciiling to lay the road, held by the court that a laying out upon such inducements would be clearly illegal. — Gurnsei/ v. Edwards, 6 Porter R., 224. Commissioners of highways, in exercising their authority in respect to the laying out of highways, have no right to make conditions with parties interested. They have no right to say that, if they shall order a highway to be laid out, individuals shall assume or become bound to pay the expense. — Webb and olkers v. AWertson and others. 4 Barb. The laying out of highways partakes of the character of judicial proceedings. It is a judicial act. State v. Richmond, 6 Porter, 232. The commissioners of highways have no jurisdiction in the matter of laying out a highway ■which is not to be wholly within their town, unless under some express provision of law, as when the road is to be on the town Une, and then they act in conjunction with the commis- sioners of the adjoining town. — See case of Gnffin\s petition, 7 Foster, (N. H.,) 343. A pubUc highway may be created by long use of land by the public for the purposes of a highway. But the way to become public must be used in such a manner as to show that the public accommodation reqaires the way and that it is the intention of the owner of the 84 GENERAL PROVISIONS [div. 1. Commissionera when to act on petition. £xaiuiQ« route. places in the town twenty days before any action sliall be had in reference to said petition.^ § 53. Whenever the commissioners of highways shall receive a petition, in compliance with the two preceding sections, they shall, or a majority of them, within ten days after the expiration of the twenty days required in section [fii'ty] two of this article, person- ally examine the proposed alteration, discontinuance or route for the new road proposed to be laid out, and shall hear any reasons that may be offered for or against altering, discontinuing or laying out the same. If they shall be of opinion that such alteration, discontinuance or laying out shall be necessary and proper, and that the public interest will be promoted thereby, they shall grant the prayer of the petitioners, as hereinafter provided.^ § 54. The commissioners of liighways, before determining to lay out any new road, or to alter or discontinue any old one, shall fix upon a time and place when and where they will meet to hear any reasons that may be offered for or against alteiing, discontinu- ing or laying out the same ; and they shall cause written notices thereof to be posted up in three of the most public places in the town, at least eight days previous to the time of meeting.^ Kx time to hear reasons. 1857. Poet notioea land to dedicate it to the public for that purpose, and the travel should be cosifin«d to the same place.— Statate the place of posting,) in the town of Avon, in said county, it being three of the most public places in said town. Jacob N. Vandemark. Subscribed and sworn to before me, ) this — day of , A. D. 18—. \ Orlando S. Wright, Justice of the Peace. Note. — The law requires tliat a copy of the petition shall be posted ; this will include th» names of the petitioners subscribed to the petition. The law does not require a notice of th« presentation of the petition, yet it may be proper to insert the following, at the head of the copies posted ; " Notice is hereby given that the following is a copy of a petition which will be presented to the commissioners of highways after the expiration of twenty days." « (3) It hag been held in New York under a like statute, that where an apphcation is mad<^ to commissioners of highways for laying out a road, &c., they may refuse to act, and should do so unless, in their opinion, the application presented to them is regular and in accordance with the requirements of the law. If they err in their refusal to act, the remedy by manda- mus U at h:\nd. — Warnir./cv. Orange Co., 13 We>id.,432. In laying out highways, the commissioners as well as the supervisors before whom tha matter is brought on appeal, exercise special and limited jurisdiction, and although it may be presumed, till the contraiy appear, that they have proceeded legally, yet their acts may be impeached by showing that they exceeded their powers. — 3 Hill, 458. ^Form of Notice of Cominissioners, for time and place fixed for hearing reaso7U for or agaithst road. HIGHWAY NOTICE. A petition having been presented to the commissioners of highways of thd ART. 17.] LAYING OUT ROADS. 85 § 55. Whenever the commissioners of highways sliall deter- CauKo survey w mine to lay out any new road, or alter any old one, they shall ""^ ''" cause a survey to be made, by a competent surveyor, who shall make a report to them of such survey, accompanied with a plat, Report tharoof. particularly describing the route, by metes and bounds, courses and distances, and also the land over which the road passes. They shall incorporate such survey, accompanied with a plat, in an order, Onipr to bo aimu to be signed by them, declaring such road, so altered or laid out, toigj^."^ be a public highway; which order, together with the petition and report of the surveyor, shall be deposited with the town clerk, who shall note the time of filing the same. In case the commissioners Refus.ii to lay shall determine not to alter, discontinue or lay out any road, in peti'uou. accordance with any petition to them presented, they shall note the fact on the back of said petition, and deposit it with the town clerk, who shall note the tune of filing the same.' town of Goodale, in the county of Lake, to lay out a new road, (or as the case may be,) upon the following described route, to wit: {here describe the , road as ^et forth in the petition.) The said connnissioners do hereby give notice that they have fixed upon the — day of , 18 — , at the hour of — o'clock — M., at the house of /. B. forcer, in said town, as the time and place they will meet to hear any reasons that may be oifered for or against the laying out of said road, when and where all pei'sons interested can be heard. Dated at Goodale, this — day of — — , 18 — . " Wm. C. Howard, ^ Commissioners Wm. Kinks, >- of Calvin Lobdell, ) Highways. ^Form of Stcrvei/or^s Report of Survey of Road, ». To the commissioners of highways of the town of Libertymlle, in the county of Lake : The undersigned having been employed by you to make a survey of a road beginning, &c., {set forth the road as asked for in the petition,) would report that the following is a correct survey thereof, as made by me under your directions, to wit : {here set forth the survey, the course, distance, dec., as req%iired by law,) and that herewith is a correct plat of said road, according to said turvey. Dated this — day of , A. D. 18 — . Orange G. Risley, County Surveyor of Lake County. Form of order of Commissioners of Highways laying out a new road. Jjee Countv, | Town of Sublette, ] ^^' Whereas, upon the application, in writing, of {naming the petitioners) twelve legal voters residing within three miles of the route hereinafter de- scribed, for a public road, a copy of their petition having been first duly posted up, as required by law, we, the commissioners of highways of said town, did, on the — day of , A. D. 18 — , personally examine the route pro- posed in said petition for a road, to wit : {here describe the route as set forth in the petition) and having before determining to lay out said road, fixed upon a time and place when and where we would meet to hear any reasons for or against lay- ing out the same, and having caused written notices thereof to be posted up in liiree of the most public places in said town eight days previous to the time of such meeting, and having met at the time and place appointed for hearing such reasons, and having heard such as were offered, and being of the opinion that such laying out is necessary and proper, and that the public interest would 86 GENERAL PROVISIONS. [dIV. 1. Damages sustain- § 56. The damages sustained by reason of the laying out or ?om'(£°how'2cer- Opening or altering any road, may be ascertained by the agree- '*^**^- ment of the owners and the commissioners of highways, and un- less such agreement be made or the owners of the land shall, in ' writing, release all claims to damages, the same shall be assessed in the manner hereinafter prescribed, before such road shall be A ments and Opened, or worked, or used. Every agreement and release shall release. be filed in the town clerk's office, and shall forever preclude such owners of such lands from all further claims for such damages.' be promoted thereby, and having granted the prayer of said petitioners, and determined to lay out said road, we did, on the — day of , A. D. 18 — , cause a survey thereofto be made by a competent surveyor as follows: {here incorporate the survey of the surveyor.) It is therefore ordered and determined that a road be, and the same is hereby laid out and established according to said survey and the plat hereunto annexed and made part of this order, which is hereby declared to be a public highway, four rods wide, the line of said survey being the center of said road. In witness whereof, we, the said commissioners, have hereunto set our • hands this — day of , A. D. 18—. John Wood, \ Commissioners H. P. KOPSER, >• of Thos. S. Angier, ) Highways. Note. — ^The form of order for altering or discontinuing a road will be nearly the .«amc as that for laying out a new road ; the foregoing form can therefore he easily varied to suit either of such occasions. The foregoing form of order may be considered somewhat lengthy, but it contains no more than seems to be necessary. It should show that the commissioners acquired jurisdiction by a. petition in due form of law, and that the}' subsequently pursued the law in laying out and estabUshing the road; it will then be I'eceived as prima facie evidence of the facts it con- tains. — See 6 Barb., 607. No particular form of words are necessary if the facts sufficiently appear. — Tucker v. Rankin, 15 Barb., 471. When the words used were " kave and do lay out « highway,''' it was held to import that the road was laid out at the date of the order. — Foivler v Mott, 19 Wend., 204. In laying out a road by the commissioners of highways, it is suflScient in the survey to run a single hue, which wiU be intended as the center of the road, and where a specificitiou i.'i given will determine its width, in case a statement of the width should have been omitted in *he order. — Hanver v. Redhook, 1 Wend., 310. All the land within a highway fence is not necessarily subject to the right of way ; and if inot, it may be occupied by the owner ; and if he places an obstruction there, and another is injured by it he is not thereby liable ; and it is held, that though such obstruction be within the highway, he is not liable, unless the person injured exercised ordinary diligence to avoid It. — 6 Cow., 189. Yet he would be otherwise Uable for obstructing the highway. — See 5 GUm., 371. In an action to recover a penalty for obstructing a highway, it was held that it was not necessary to produce record evidence of the road; and if such evidence is introduced, /i.s for instance the order establishing the road, it is not necessary prior to the introduction of such order, to show that all the previous steps required by the statute had been taken ; but that the presumption is, that the antecedent proceedings have been regular, which presumption, however, is subject to be rebutted.— JVeo^y v. Brown, 1 Gibson, 10 ; see also Sage v. Barnes, 9 Johns., S65. Form of Commissioner'' s determination not to alter or discontinue road. "We, the said commissioners of highways to whom the within petition is addressed having duly and properly examined into the matter of said petition, do determiue not to alter (or discontinue) the road therein described. Witness our hands this — day of , A. D. 1 8 — . James Robbins, ) Commissioners • John A. Rotnour, [• of Harvey J. Stewart, ) Highways. ^Form of Agreement as to damages in laying out Road. Whereas, a road was laid out on the — day of , A. D. 18 — , by L. K. Ballard, G. B. Stanchjield, and Ebenezer Tucker., commissioners of high- ART. 17.1 LAYING OUT ROADS. 87 In case the commissioners and owners of land claiming damages can not agree it shall be the duty of the commissioners to assess Aswssn-.ect of the damages, at what they may deem just and right, to each indi- °'"*' vidual claimant with which they can not agree, and deposit a state- ment of the amount of damages so assessed to each individual with the town clerk, who shall note the time of filing the same. It shall be the duty of commissioners, in all cases of assessing damages, to estimate the advantages and benefits the new road or Advantages aaii alteration of any old one will confer on complainants for the same '''*'"^^'''- as well as the disadvantages.' ■ways of the town of Nora, in the county of Jo Daviess, on the application of the requisite number of legal voters residing within three miles of said road as follows: commencing, &c., {insert dencription of the road an in the order) which road passes through the land of Peter F. Parks, being known and described as follows: [here describe the latid with reasonable certainti/.) Now, therefore, it is hereby agreed between the said commissioners and the eaid Peter F. Parks, that the damages sustained by the said Peter F. Parks, by reason of the laying out and opening vsaid road upon his land, herein- before described, be liquidated and agreed upon at dollars. In witness whereof, the said commissioners and the said Peter F. Parks ~ have hereunto subscribed their names the — day of , A. D. 1 8 — . L. K. Ballard, \ Commissioners G. B. Stanchfield, > of Ebenezer Tucker, ) Highways. Peter F. Parks. Form of Release of Damages by owner of Land. Whereas, a road having been laid out on the — day of '■ , 18 — , by Andrew Cook, Curtis St. John, and J. R. Wells, commissioners of higiiways of the town of Wauconda, in the county of Lake, on the application of the requisite number of legal voters residing within three miles of said road, as follows : (insert description of the route as set forth in the order laijincj it out) which road passes through certain lands owned by me, being known as follows: {here insert description of the lands.) Now, therefore, know all men by these presents, that I, Augustus Granger, for value received, do hereby release all claims to damages sustained by me by reason of laying out and opening said road through my said lands above described. In witness whereof, I have hereunto set my hand and seal this — day of , A. D. 18—. Augustus Granger, [seal.] Executed and delivered ) in presence of J Bryon Hatnes Shepard. "^Form of Commissioner^ Assessment of Damages in case of no agreement or release. We, the undersigned commissioners of highways of the town of Blooming- dale, in the county of Du Page, having on the — day of , A. I). Is — , upon due application made to us for that purpose, laid out a road as follows: commencing, &c., {insert description of the road according to survcif,) and certain owners of lands over which said road passes, to wit : {state the numes of the owners of the lands who claim damages, with tohom the agreement has not been made) not having released all claims to damages sustained by reason of tlte laying out and opening the same, and not being able to agree with them as to the amount of such damages, having applied to them and each of theiu for that purpose, and endeavored to make such agreement, we proceeded to assess the same at what we deem just and right to each individual claim- ant with whom we could not agree, taking into account and estimating the 88 GENERAL PROVISIONS. [dIV. 1. Orders to i)u filed § 57, jt shall be the duty of the town clerk, whenever any or- ^ ''^ der of the commissioners for laying out, altering or discontinuing a road shall be received by him, to carefully file the same ; and the Time to appeaj. time hereinafter limited for appealing from such order shall be advantages and benefits the road will confer on the claimants for the same, as well as all disadvantages, and have assessed the damages of each OMncr as follows : To Hiram Cody, on [set forth a description of the land vnth reasonable certaintjf) at fifty dollars ; being isclosed (or cultivated or improved) lands. To JoJin Farmer, on (describe the land) at twenty dollars ; and to H. B. Hills on the south-west quarter of section eight, we have estimated the ad- vantages of said road equal to any and all his damages. la witness whereof, we have hereunto set our hands this — day of , A. D. 18 — . Moses K. Hoit, "i Commissioners J. Barnes, >- of L. E. Landon, ) , Highways. The last clause in the foregoing form is added in view of Constitution, Art. XIIT, § 11, ■whu^h provides that no man's property shall be taken or apphed to puhlio use withoutjust compensation being made to him. The advantages of the road, it seems, must be taken into account, and will properly he considered compensation to the owner, so far as it goes in en- hancing the value of his lands. Consistency would therefore seem to require, that in every instance where damages are claimed, that the advantages be balanced off against the disad- vantages, or damages, and report thereof made, as in the foregomg form. In the case of Hatch v. Vermont Central R. R. Co., Vermont Supreme Court, June 1853, the court say: "The general rule may now be regarded as settled in this country, that the advantages accruing to the proprietor of the land taken by the contemplated public work , may be^taken into account in appraising the damage. So, too, where any portion of the land is taken, the commissioners may doubtless estimate consequential damages to the remaining portion of the land. It is scarcely iwssible to come fairly at the value of the land taken or actual damage sufi'ered, in any other mode.*' — Cites Sijmonds v. City of Cinchinati, 14 O. R., 147. The owner of the soil over which a highway is laid, refeiins all liis rights not incompatible . with the public right of way, and may maintain trespass for cutting timber therein. — Babcork V. Lamb, 1 Coiv., 238. The grant or laying out of a highway gives only a right of way to the public : the fee, or right of soil, remains in the original owner, and an action of trespass will lie for any cxclu- .sive appropriation of the soil.— 3 Hill, 567 ; 12 Wend., 98 ; 14 Jolinx., 483 ; 2 Johns., 357 ; 15 Johna., 447 ; Huntly v. Middleton, 13 Ills., 54. As a public highway is a mere easement and the seizin and right to convey still continue in the o^vner of the laud over which it is laid out, it is no breach of the covenant of seizin and power to convey contained in the deed, that part of the land conveyed was a higiiway and used as such. — Whitbeck v. Cook, 15 Jn/ins., 483. In case of a town plot acknowledged and recorded under the laws of Illinois, the title to the ground embraced in the stieeta and alleys, vests in the corporation and the original owner has no further control over that portion of the land. — Huntly v. Middleton, 13 Ills., 54. It seems that the title to the land over which a turnpike road passes is vested in the com- pany solely for the purpose of a road, and that when the road is abaudoued, the laud reverts > to the original owner. — 12 Wend., 371. The right of way, public or private, is but an incorporeal hereditament, an easement which jier se does not divest the owner of the fee of tlie land. The soil is nevertheless the ouTier'Sv sind he is entitled to the same remedies for an injury to his residuary interest, tliat he would be entitled to if it was entire and absolute. — Gidney v. Earl, 12 IVend., 98. It has been decided in New York, their constitution being the same as ours, in this respect, that an act of the legislature giving to commissioners of highways the power to lay out new roads through wild or unimproved lands, without the consent of the owner, is unconstitu- tional and void, if no compensation is required to be made to such owner. — Wallnre v. Knrle- iunrefski, 19 Barb., 118 : Gould v. Glass, Id., 179. It is held also, that such consent, for tlie purpose of waiving damages, need not be in writing, but may be verbal, and proved by oral testimony. — Fowler v. 3Iott, Id. Lands adjoining a public highwaj', remaining uninclcsed, are considered as dedicated to the j public use, and no action will lie by the owner against any person traveling over them. — • Clertiand v. Cleveland, 12 Wend., 172. It is held in New Hampshire, that the doings of selectmen in laying out highways can not be supported, unless it. appear that due recompense was allowed to the ownei-s of lands through which such highway was laid out, and that the owners had an opportunity to l>e lieard upon the subject of damages. — Vriichard v. Atkins, 3 N. H. Rep., 335. But when !i road was opened by order of the proper authority, according to law in every respect, except that no damages were assessed by the jury to the owners of the land, held in North Carolina, that none but those owners could impeach the oi-der for that cause. — Woolardy. McCutlough, 1 Iredell R. \Vhere a highway is laid out .ilong the line of a farm, taking no portion of the land of the ONvner. but subjecting him to the expense of maintaining the whole of a fence, the expense of the half of which only wa-s formerly borne by him, such owner, under the existing highway act, is not entitled to compensation ; and altliough damages are allowed to him tlie supervis oi-R of the countv have no authority to cause the same to be collected. — People v. Supi Oneida Co., 19 Wt^nd., 120- ART. 17.] LAYING OUT ROADS. . 89 computed from the time of filing tlie same ; but the town clerk shall not record such order until a linal decision is made, and not then unless such order is confirmed. § 5S. Whenever it shall be represented to the board of super- state roads, visors of any county, at any regular or special meeting, by a peti- ^ '. tion of at least thirty-five legal voters of the county, residing with- tiou or rt-'iooatiou in three miles of any state road, that said road, or any portion ^^^°^'''^ °'-^"''"'" tliereoti within said county, is useless and burthensome and that the public interest requires that the same, or any particular por- tion thereof, setting ibrth that portion, should be vacated, or that the public interest requires the relocation of said road, or any part thereof, setting forth what part, said board shall proceed and ap- point three suitable persons of said county as viewers, to view said road, who shall, within a reasonable time, and after being duly sworn to perform their duties faithfully and impartially, proceed to examine said road, and particulai'ly that portion thereof in ques- Appoint viewers, tion, and make report, in writing, of their doings, at the same or next meeting of the board of supervisors.^ As holil in Maisachusetts, where damages wpon laying out a road have been assessed or awardt-Ll to an individual, the town would be liable for the amount thereof, although the road had been discontinued before payment, and in fact never entered upon. It was held that the oivuei- had a vested right to such damages, and was entitled to a writ of mandamus to compel ^nynwnt.—Hvrington v. Ber/cshire , 22 Pick., 2G3. Wliere damages, sustained by the owners of land taken for the improvement of a public high-.vay under and by virtue of an act of the legislature, have been assessed by a jury, and the verdicts of the jury have been laid before the board of supervisors who have liquidated and settled the amount of damages due to the land owners respectively pursuant to the stiitute, such land owners have a vested right to the sums awarded to them respectively, for .such dam:iges ; and are entitled to a writ of mandamus to compel the board of supervisors to cause the saifle to be raised and paid to them. Such right will not be divested by a subse- quent repeal of the Rt;itute under which the damages were assessed. A legislative act, whether it be a positive enactment or a repealing statute which takes away the vested rights of property of an individual for any purpose except where property is taken for public use, and upon a just compensation is invalid as being above the power and beyond the scope of legislative authority. The public u.se of a liighway being but an easement, subject to which the owner of the land over which it passes retaias his title, there is always a contingency by which the o^vner may return ijito full possession of the land, on its being no longer required by the public. When tills cnafiiigeut event will happen is ordinarily unknown and is wholly immaterial, as regards the rigats of the laud liolder, whether the public retains the use of the land for a century or for a year, or but for a single day, can not affect his title to a compensation. That becomes fixed and vested, the instant his property is taken for public use. — The People ex rel Foun- tain, and others v. The Board of Supervisors of the county of Westchester, 4 Barb. 1 Form of Petition to Board of S^iperviaors for vacation, or relocation of State road. To the Board of Supervisors of the county of Winnebago, State of Illinois: Tiie petition of the undersigned, legal voters of said county of Winnebago, residing within three miles of the state road leading from , to , (ikscribe the road an it is wtuallg knovm) would respectfully represent, that the following portion of said road, lying iu said county, to wit: {describe the portion, of the road in question,) is useless and burthensome, and that the public interest requires that such portion of said road should be vacated: Your petitioners would therefore pray that viewers may be appointed to view and report in the premises, to the end that such portion of said road above described may be vacated. And your petitioners will ever pray. Dated this — day of , 18 — . {JSfames of petitioners.) ^Vhen the petition is for relocation, after the word "represent," state as follows: "That the public interest requires that the following portion of said road, 90 GENERAL PROVISIONS. [DIV. 1. Report for vaca- § 59, When the petition is for tlie vacation of the road, the 1861. viewers shall proceed to ascertain the fact, as to whether the road is useless and burthensome, and if they find such to be the fact, they shall so report. If the petition is for the relocation of the to wit: (describe the portion desired to be relocated,) should be relocated as follows, {set f 07-th how the relocation is desired.) Your petitioners would therefore pray, that viewers may be appointed to view and report in the premises, to the end that such portion of said road may be relocated as the public interest shall require." When viewers are appointed upon the prayer of a petition, the clerk of the board should issue to them a written notice of their appoiDtment, and transmit to them with the origiuaJ peti- tion, which notice may be in the following form : Form of Notice to viewers appointed to view and report upon vacation or reloca- tion of state road. To John Smith, Peter Hallowell, and Milton Kilburn, of Winnebago cou'aty : You, and each of you, are hereby notified that at the present session of the Board of Supervisors of said county, you were duly appointed viewers according to the prayer of the annexed petition. Dated at Rockford, this — day of , 18 — . E. C. Gatlord, Clerk. The oath of the viewers required to be taken before proceeding, should be reduced to writ- ing, or a certificate tliereof made by the officers administering the same, and endorsed on, or annexed to the petition ; the oath may be in the following form : Form of Oath of Viewers appointed to view and reoort upon vacation or reloca- tion of State road. State op Illinois, ) Winnebago county, ) ' We, John Smith, Peter Hallowell, and Milton Kilburn, appointed as view- ers in accordance with the prayer of the within (or annexed) petition being severally diUy sworn, do each solemnly swear, that we will severally perform our duties as such viewers, faithfully and impartially. John Smith, Subscribed and sworn to ^ Peter Hallowell, before me this — dav >■ Milton Kilbuhn. of , A.D. 18—, ' ) Alfred E. Hale, Justice of the Peace. Form of Report of Viewers upon relocation or vacation of State Road. To the board of supervisors of Winnebago county : We, the viewers appointed by your board at the last (or present) session thereof, to view and examine the state road set forth and described in the annexed (or accompanying) petition, having been first duly sworn, and having thereupon proceeded to ascertain the facts in the case, and having examined said road, and particularly that portion thereof in question, beg leave to report, that they do find that portion of said road particularly described in said peti- tion, to wit : (de.icrihe the portion of the road in question «.« described in the petition) to be useless and burthensome, and do recommend that the same be vacated according to the prayer of said petition; all of which is respect- fully submitted. Dated this — day of , A. D. 18 — . John Smith, ) Peter Hallowell, >• Viewers. Milton Kilhurn, ) When the repiort is upon a petition for relocation, pursue the foregoing form to the iroM "Keport" inclusive, and then add the following: V ART. 17.] LAYING OUT ROADS. 91 road they shall proceed to inquire whether the pubUc interest re- Report for reioca, quires such relocation, and shall report to the board accordingly, ''°"' as they shall find the facts to be. If they shall lind that the pub- g^^^y .,^^, pj^^ lie interest requires such relocation they shall relocate the hne of of ruiotHtion. said road, as in their opinion is required, and cause a survey thereof to be made by a competent surveyor, and shall accompany their report with an accurate plat and survey of such relocation. On receiving the report of said viewers the board of supervisors may, in their discretion, order the vacation or relocation of said road, tiou*orr5oratioB. agreeably to the report of the viewers. § 60. No petition for the vacation or relocation of any State Notioo of petition road shall be entertained or the prayer thereof granted by the [^^Jj';";^''''"'''^'''' board of supervisors, unless public notice of the presentation of igd. such petition shall be given, at least twenty days prior to tlie pre- sentation, by posting up notices in at least three public places on wher« posted. the route of the road and on the door of the court house and also on the door of the county clei'k's office should it be kept in a sep- arate building.^ § 61. The viewers, and persons they may necessarily employ Componpation of to aid them, under the provisions aforesaid, shall be allowed such others."^" ""^^ "" reasonable compensation as the board of supervisors may deem just, to be paid out of the county treasury ; and the board shall 1861. have power, in their discretion, to require the apphcants for the vacation or relocation of any State road to deposit with the clerk Depositor expen- a sufficient sum of money to pay the expenses of viewing the same, ^^' in case die report of the viewers shall be adverse to the prayer of the petition, and to be returned, in case their re.port shall be favorable. § 62. All public highways, laid out by order of the commis- width of pubUo sioners of highways or supervisors, on appeal, shall not be less"^"*^ than four rods wide. § 63. The public roads, now existing by law, are declared the ExistinK mads public hisfhways of the town in which such roads shall lay, and ded.irca high- this act shall not be construed as conferring any power on the com- gt,^te road,-, com- missioners of higliAvays to alter state roads now or hereafter exist- missiouers not to ing by law. § 64. All roads laid out by authority of the county commis- Koads hy county sioners or county court in counties adopting township organization fx"j°°"'^ ''''^'^'" That they do find that the public interest requires that such portion of said road particularly described in said petition, to wit : {describe the portion of the TO 'i in quention as described in the petition) should be relocated ; that they relocated the line thereof agreeably to the prayer of said petition, and caused a survey thereof to be made by a competent surveyor, and herewith accompanying this report is -an accurate plot and survey of such relocation; we do therefore recommend that said road as relocated be established accord- ingly of record." When the report is adverse to vacation or relocation, the foregoing forms can he varied •ccording to the fact. ^Fm-m of Notice of presentation of petition for vacation or relocation of State Road. Public notice is hereby given that a petition will be presented to the board road 92 GENERAL PROVISIONS. [DIY. 1. prioi" to the time of adopting township organization, and wliioh have been opened and traveled as highways for tlie space of fi^-e years from tlie date of laying out or remained open through unin- closed land for that length of time, are hereby declared to be pub- lic highways, and the order of said county commissioners or county Order to be evi- court, entered of record, establishing such roads, shall be evidenc(^ ' dence. of the regularity of all the proceedings in layhig out such roads anterior to such order, r.esurvevs on ap- § ^5. It shall be the duty of the commissioners of highway?, plication. on application of twelve freeholders, residing within three miles of ■^^^^- any such road, to proceed and cause the same to be resurvej^^d and more perfectly described, having posted notices of their inten- tion to do so, in three public places in the neighborhood of the road, , for at least ten days prior thereto.' Consult original § G6. In resurveying any such road the commissioners of high- survey'!'*^'* "^""^ ways shall consult the original field notes or survey thereof, if tin- 1861. same can be produced, and shall hear any and all other evidence, written or parol, which may be offered in relation to the original location of such road, in cases where there shall be any doubts as to the location and the time and manner of traveling such road; Ee-fstaijiLsiied and having heard such evidence, they shall proceed and re-estab- lish the line of said road, in accordance Avith the evidence before of supervisors of Winnebago county, at the next meeting thereof, praying for the vacation of the following portion of the State road leading from ■ to , to wit, (describe the road as described in the petition.) Dated this — daj of , A. D. 18 — . When the notice is for relocation of a road, the form of notice can lie varied according to the petition. '^Form of application by twelve freeholders for resurvey of road established by. County Court. To the Commissioners of highways of the town of Vernon, in the county of Lake : The undersigned, twelve freeholders residing within three miles of the fol- lowing road, laid out by authority of the county court of said county, in *he year 18 — , to wit, [describe the road by the description by which it is generally hioivn) do hereby make application to you requesting that you cause said road to be resurveyed and more perfectly described, according to the law iu such cases ; said road having been opened and traveled as a highway for the space of five years from the date of laying out, [or, said road having re- mained open through uninclosed lands for the space of five years from the date of laying out.) Dated this —day of , A. D. 18—. Form of Notice of application by twelve freeholders to Commissioners of Highways.^ for resurvey of H'ghway established by County Court, Notice is hereby given that application iu conformity with the law in such cases, will be made after the expiration of ten days from the date of this notice, to the commissioners of highways of the town of Vern'n in Lake' county, requesting that they survey and more perfectly describe a certain road laid out by authority of the county court of said county, in the year 18 — , to wit, {describe the road as m* the application) ; said road having been opened and traveled as a highway for the space of five years from the date of laying out, {or a's the case may be, according to the application.) Dated this — day of , A. D. 18 — . ART. 17.] ROAD APPEALS. 93 them, and shall make a correct plat thereof, with a certificate of their doings in the premises, embodying their survey of the '^"^F '*"'* f'** road and their determination in the premises, which they shall file in the town clerk's office ; and which action of the commissioners of highways shall be final and conclusive, as to the location of such Action final. road and the time and manner of traveling the same.* § 67. The layinor out and establisliing of a hishAvay, by the Subsequent lay- commissioners ot highways, on the route ot any road laid and es- yaTato fonncr tabhshed by county authority, as aforesaid, shall not operate to va- f^o^'-ty ro^'J- cate or discontinue the road before laid out and established, unless '' ' the order of the commissioners shall so declare ; and such vacation or discontinuance shall likewise have been petitioned for. APPEALS. § 68. Any person or persons, being owners of or agents for who may appeal. any tract of land upon the route or line of or over which any high- isci. way altered, discontinued or laid out shall run, feeling themselves aggrieved by any order made by the commissioners of highways, Time forappeai. may appeal from the same, at any time within thirty days after the filing of such order in the town clerk's olBce. Such appeal shall note the time that such order was filed, and shall be made to three To whom majo. supervisors of the county, neither of whom shall be a resident of the town in which said highway was situated. All persons who desire to make an appeal from such order shall act in concert and cJu^^t"^^ *'^' '" make their appeal to the same three supervisors. § 69. Every such appeal shall be in writing, and signed by Appe.-a to be in Note. — The commissioners of highways, before proceeding, should be satisfied that notice of the intended application for reaurvey of the road in question, has been given as required by law ; to which end a copy of tlie notices posted should be preserved, and an affidinit of ttie fact of posting accompanying the notice, or endorsed thereon, as in case of the al- teration, discontinuance, or laying out a road, may be received as sufficient of the facts sta- ted ; the following may be the form of such affidavit : Form of Affidavit of posting Notices of intended application for resurvey of road established by County Court. State of Illinois, ) Lake County. J Elisha Gridley being duly sworn floth depose and say : That he did on the — day of , 18 — , post three notices of which the within, (or annexed) is a true copy, as follows, [here state the several places of posting,) in the town of Vernon, in said county, that the places of such posting, were then public places in the neighborhood of the road mentioned in said notices. Subscribed and sworn to before me, ) t. r^ this - day of , A. D. 18-. [ ^"^"^ Gridlky. John LocKnEAO, Justice of the Peace, Form of Certificate of Commissioners of highways re-establishing line of road laid out by authm-ity of County Court. State of Illinois, ) County of Lake, \ ^^■ We the commissioners of highways of the town of Vernon, in said county of Lake, do hereby certify, that application having been made to us by twelve freeholders residing within three miles of the road, known as {describe the road as in the application) requesting that said road be resurveyed and more oerfectly described, and being satisfied that notice of such applicatioa 1861. 94 GENERAL PROVISIONS. [dIV. 1. the party or parties appealing. It shall briefly state the ground upon Avhich it is made and whether it is brouglit in relation to damages assessed by the commissioners of highways or in relation What the appeal to the alteration, discontinuance or laying out of the road, or in rela- l^]^ ^'*'*- tion to both, or whether it is brought to reverse entirely the deter- mination of the commissioners or only to reverse a part thereof, and in the latter case it shaU specify what part.^ had been given according to law, we did on the — day of , A. D. 18 — , proceed to re-establish the line of said road, and having consulted the orig- inal field notes and survey thereof, and having heard all other evidence offered in relation to the original location of said road, and the time and manner of traveling the same ; and finding that said road was laid out by au- thority of the county court of said county, and opened and traveled as a highway for the space of five years from the date of laying out, {or as tJie case maybe,) we did resurvey and more perfectly describe the same, and have established the line of said road, in accordance with the evidence be- fore us, and which line is the center thereof: as follows, to wit, commencing (here embody the survey, giving courses and distances as rendered by the survey- or,) which we do determine to be the correct line of said road. In witness whereof, the said commissioners of highways have hereunto set their hands, this — day of , A. D. 18 — . AsAHEL Talcott, ) Commissioners George Gridlet, > of John Bolgee, J Highways. When the original field notes or survey ca-j not he produced, the foregoing form of certifl- eate can bu varied as follows: in lieu of tae words "and having consulted the original field notes and survey thereof," say "in the absence of the original field notes or survey thereof as the same could not be produced." ^Form of Appeal from decision of Commissioners in altering, discontinuing y laying out ar refusing to lay out a road. To Homar Wilmarth, town clerk of the town of Barrington, in the county of Cook: The undersigned, John Jackson, of the town aforesaid, feeling himself ag- grieved by an order made by the commissioners of highways of said town, on the — day of , A. D. 18 — , in altering a highway in said town, {or, in laying out a highway, or, " in discontinuing," or, " refusing to lay out a high- way," as the case may be) does hereby appeal to, and submit the matter in controversy to the decision of three supervisors of the county of Cook afore- said, to be selected by you, agreeably to the statute in such cases ; which or- der of said commissioners was filed in the town clerk's office of said town on the — day of , A. D. 18, — , a copy of which is hereunto annexed, in and by which the road in question, and the proceedings and determination of said commissioners will more fully appear. The grounds upon which this appeal is made, are {here briefly state tlie grounds,) and said appeal is brought in relation to the laying out of said highway, {or, altering of said highway,) and to reverse entirely the determination of said commissioners, {or as the case may be.) The undersigned therefore asks that you, as town clerk of said town, will proceed according to law, and select three supervisorrs to hear and determine said appeal. Dated this — day of , A. D. 18 — . John Jackson. Note. — ^It win l>e well to annex a copy of all papers in the case accruing anterior to th« order of the commissioners of highways, as well as a copy of the order, and have the town clerk certify the whole to be correct copies of the original on file in his office. It has b«en held in New York. Biishwick v. Masserole, 10 Wend., 122, that an appeal, stating the proceedings of commissioners in laying out a road to he illegal, is a sufficient compliance with the law, requiring the grounds of the appeal to be briefly stated, in the case where ex- ceptions were tiiken to the sufficienoy of the petition, on the gi-ound of the qualification of the petitioners within the meaning of the law, yet, it was thought it would have been w«U ♦» have specified the objection. ABT. 17.] ROAD APPEALS. 95 § 70. The appeal shall be addressed to the town clerk of the Appeal, to whom town wherein the road in question shall be, and filed with him ''<^^i'''8'*e'^- within the time required for taking appeals ; and in case there jg^™ "^ ' shall be no town clerk in the town then such appeal may be ad- in case of no dressed to and filed with the supervisor or any justice of the peace *°^" '^''''■'^• of said town ; and upon the filing of a bond by the party taking Bond, such appeal, executed to the supervisor of the town, in sufficient amount and with sufficient sureties, to be approved by said town clerk, supervisor or justices of the peace, conditioned to pay all Condition, costs arising from such appeal, in case the determination of the commissioners of liighways in the premises shall not be reversed, said town clerk, supervisor or justice of the peace, as the case Selection cf su- may be, shall at once proceed to select, at his discretion, three jg-j supervisors of the county, neither of whom shall be a resident of the town in which the highway is situated, for the hearing of said appeal, which supervisors shall proceed to hear and determine said appeal, as hereinafter provided.* § 71. In case the condition of the bond provided in the pre- guit on appeal ceding section shall not be complied with in thirty days after the ^°''•'•• appeal shall be determined, the supervisor shall bring suit thereon, ^^^' before some justice of the peace of the county, who shaU have jurisdiction in such cases without regard to the amount of the bond, and, when collected, the amount shall be paid to the several ; persons interested. ^ — '■ 1 An appeal suspends the powers of the commissioners ; and until their acts are aflSrmed by ' a dei'.ision they can not open the road. If they do so, they are trespassers. — Clark v. Phelps. i 4 Cote, 190. It on an order being made discontinuing a highway, a fence be built across it, an appeal Bu))sequently brought will not have the effect of rendering the fence a public nuisance. — Drnkf V. Rosers, 3 Hill, 604. Alter the appeal the supervisors will become actors, and if they do not proceed, it can not be imputed as a lach to the party. — Clark v. Phelps, 4 Cote, 160. ^Form of Bond to Supervisors, in case of Road Appeal. Know all men by these presents, that we, Hugh 0. Burt and /. 0. An- drcw.-;, of the county of Peoria, and state of Illinois, are held and firmly bound unto Joseph Slocum, supervisor of the town of Brivifield, in said county, and to his successors in office, in the penal sum of {here insert the sum sufficituit to pay all costs arising from the appeal, as near as can be estimated) wiiieli sum well and truly to be paid we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents: Sealed with our seals, and dated this — day of , A. D. 18 — . The condition of the above obligation is such, that, whereas, the above bouudeu Hugh Burt has appealed from the decision of the commissioners oi' liighways of said town of Brimfield, in laying out {or as the case may be,) a highway, from {describe the road brief y) by their order bearing date the — day of , A. D. 18 — , and filed in the town clerk's office, the — day of A. D. 18 — . Now, therefore, if the above bounden Hugh 0. Burt, shall promptly pay, or cause to be paid all costs arising from such appeal, in case the determination of the commissioners of highways in the premises shall not be reversed, then the above obligation to be void, otherwise to re- main in full force and effect. Hugh 0. Burt, [seal.] J. 0. Andrews, [seal.] Approved by me, this — day of , A. D. 18 — . JosKPH Blanchard, Town Clerk. 96 " GENEEAL PROVISIONS. [DIV. 1. Rule for selecting § 72. The towM clevk, Supervisor or justicc of the peace, as liupervisors. ^^le case may be, in making the selection of the supervisors as Si^\1on!^ °^ aforesaid, shall have due regard to the interests of the persons in- terested, and shall, upon making such selection or nomination, give a certificate of the same, which shall be delivered to the per- son taking such appeal ; which certificate said person shall cause to be dehvered to one of the supervisors therein named, within ten days from the time of fihng such appeal with the town clerk, or other officer, as aforesaid, and shall also, within the same time, Notice of appeal, cause a notice of such appeal to be given to the other two super- visors named in said certificate.' Meeting of super- § 73. It shall be the duty of the supervisors to whom the ap- visors to consider pgj^][ jg made, as soon as may be convenient, after the expiration agreed on. of thirty days from the filing of the order in the town clerk's office from which the appeal is made, to agree upon a time when and where they will meet to consider the same ; which shall be at some place deemed convenient, at or near the road to be examined. Appellant to give § 74. The person or persons making the appeal shall cau.-e a noMce of time _ — . ■ »n'.l place. ^Form of Certificate of Town Clerk on selection of three Supervisors for hear- ing Appeal. County of Cook, ) Town of Barrington, ) I, Homer Wilmarth, town clerk of said town of Harrington, do hereby certify that on the — day of , A. D. IS — , came John Jackson, and filed with me his appeal in writing, appealing from the commissicners of highways of said town of Barrington in alteiing a highway (or in laving out a highway, or as the case may be,) as follows : (here describe the road as set forth in the order ; which order of said commissioners in altering said road (or as the case may be) was deposited with me, and filed on the — day of , 18 — . The grounds upon which said appeal is made, are (here stale the grounds as contained, in the appeal) and that I have selected George M. Huntoon, supervisor of the town of Evanston, Benjamin Cool, supervisor of the town of Brevien, and /. Matteson, supervisor of the town of Wheeling, to hear and determine said appeal, having had, in making such selection, due regard to the 'interests of the persons interested. ^ « Given under my hand this — day of , A. D., 18 — 7^^ Homer WiLiiARXHjVTown Clcik. Form of Notice to he given to Supervisors by 2yersons taking Appeal. To George M. Hunton, Esq., supervisor of the town of Evanston, county of Cook. Sir : — The undersigned has taken an appeal from the decision of the com- missioners of highways of the town of Barrington, in the county aforesaid, in altering a highway, or in laying out a highway (or as the case may be,) as follows : — (here describe the road as set forth in the order: ) which order of said commissioners, in altering said road (or as the case may be) was depos- ited with the town clerk and filed on the — day of , 18 — , and said appeal was filed with said town clerk on the — day of , 18 — , whereupon supervisors George M. Huntoon, of Evanston, Benjamin Cool, of Bremen, and /. Matteson,'oi Wheeling, were selected by said clerk to hear and de- termine said appeal. The grounds upon which said appeal is made, are i^stait the ground as contained in the appeal.) Dated this — day of , 18 — . JonN Jackson. ATIT. 17.] ROAD APPEALS. ^ 97 notice, in writing, of the time and place agreed on by the three supervisors when and where they will meet, to be served on each of the commissioners of highways from whose order they appealed, and also on at least three of the petitioners who petitioned in rela- tion to such road ; which notices shall be served at least eight Ser7i«e of notice. days before the time mentioned therein, by dehvering one to each commissioner or leaving one at each of their dwelling houses ; an* in like manner shall the notices be served on each of the thret petitioners.* ^For?n of Notice of Appeal to be given to Commissioners of Highways and Petitioners. To John B. Judd, James D. Twogood and Truman Judd, commissioners of highways of the town of Lysander, in the county of Winnebago : Sirs: — Please take notice that I have appealed from the decision of the commissioners of highways of the said town of , made on the — days of , laying out a highway, as follows, to wit : {here insert a de- scription of the road: ) and that A. B., supervisor of the town of , C. D., supervisor of the town of , and E. F., supervisor of the town of , of said county, to whom said appeal is made, will meet at the house of '■ — , on the — day of , at — o'clock, — M., for the pur- pose of hearing and determining said appeal ; which appeal is taken for the purpose of wholly reversing the decision of said commissioners in laying out the said road {or as the case may be) at which time and place you may appear and show cause, if any you have, why said decision should not be wholly reversed. Yours, &c., Edwin M. Lutuer. Dated this — day of , A. D. 18—. This notice should be served by delivering a copy to each of the commissioners, or by leaT- ing at their dwellings. In the notice of the three petitioners, the address can be thus : " To {name the petitioners) three of the petitioners who petitioned for the road herein described." The notice should be served upon the three petitioners in like manner as upon the com- missioners of highways, so that each may have a copy. A true copy should be retained by the person or persons, taking the appeal ; and the person serving such notice should make affidavit of the fact, to be indorsed upon the back of the copy of the notice retained, which affidavit may be in the Allowing form. The supervisors to whom an appeal is taken, can not act unless the commiswnerstand three of the petitioners are notified, and should they do so, Iheir action is invalid! The appeal, however, will not be dismissed on feilure to give the notice ; it will stand" until acted on by the supervisois. — McPherson et at. v. Holdndsf, 24 Ills., 38. , . Form of Affidavit of Service of Notice of Appeal upon ^(mimissioners of Highways, State of Illinois, ) Winnebago County, j" " Edwin M. Luther, being duly svrorn, doth depo.'3e ind ay : That he did, on the — day of , A. D. 18 — , make service o' a n )te in writing, of which the within is a true copy, upon A., B., and C, comn issioners of high- ways of the town of Jiysander, in said county, by d jliveri ig one to each of said commissioners, (o?- by leaving at their dwelling h mses a ; the case may be.) Em 'IN M. Luther. Subscribed and sworn to before me, ) this -— day of , A. D. 18—. \ A.. S. VA>rDYKE, Justice of the Peace. For7n of Affidavit of Service of Notice of Appeal upon threi of the Petitioners. Statk of Illinois, ) Triwieiflf^o County, f ^^' / BdsoH P. Albee, being duly sworn, doth de? lose and s ly, that he did, on / 7 • 98 GENERAL PROVISIONS. [dIV. 1. Supervisors to § 75. It shall be the duty of supervisors to convene at the proofs^"'^ ^^^ ti"^^ ^^^ place mentioned in the notice, and to hear the proofs and allegations of the parties. They shall have power to issue pro- witnesses may ccss, to Compel the attendance of witnesses, and may adjoura from adjourn their ^jjj^g ^q time, as may be necessary. Their decision, or that of any tAvo of them, shall embrace the whole matter in controversy. They shall, first, consider the propriety and expediency of locating, altering or discontinuing the road ; secondly, the subject of dam- Manner of pro- ages, if such subject was embraced in the appeal under which aweal^ ^ ^^^^^'^ they are acting ; and they shall fix upon the amount of damages which, in their judgment, is right and just, to be paid to each per- son claiming damages ; but no person shall be entitled to reassess- ment of damages, unless his or her name appears in the appeal in reference to that subject. The supervisors shall be governed by the same rules, in assessing damages, as is provided in section fifty-six of tliis article, for the government of commissioners of highways in such case.' the — day of , A. D. 18 — , make service of a notice in writing of which the within is a true copy, upon JEzekiel Brown, Wm. Courtright and Geo. S. Parker, being three of the petitioners who petitioned for said road, by delivering one to each of said persons, {or hy leaving at their dwellivg houses, as the case may be.) Edson P. Albee. Subscribed and sworn to before me, ) this — day of , A. D. 18—. [ A. S. Vandyke, Justice of the Peace. The attendance of a majority of the commissioners of highways, it seems, would be ■ waiver of notice as to the commissioners, but the attendance of one only will not have that effect.— 20 Wend., 186. Where commissioners of highways have acted upon a petition and treated it as valid, they can not afterwards in any proceeding in which they may be concerned, deny its sufficiency. — See Carrnel v. Judges of Putnam, 7 Wend., 264. When the supervisors, dismiss an appeal and adjourn without any intention of further action, they can not resume the subject, unless notice of the tune and place of a future meeting is served on the commis.sioners of highways and on the three petitioners before served, and without these, the action of the supervisors is void. — Keech v- The People, 22 Ills., 478. '^Form, of Order of Supervisors on Appeal from Commissioners in altering, discontinuing, laying out, or refusing to lay out a Highway. State of Illinois, ) County, pS- Whereas, on the — day of , 18 — , G. H. filed with the town clerk of the town of , in said co^inty of , an appeal addressed to said town clerk, appealing from the order and determination of the commis-! sioners of highways of said town of , in altering, (" in discontinuing," " in laying out," or " refusing to lay out,") a highway as contained in the order of said commissioners deposited with said town clerk and filed the — day of , 18 — , a copy of which said order, a^ well as all the papers before us in said appeal are hereunto annexed, and said town clerk having selected us, the undersigned three of the supervisors of said county, for the hearing of said appeal, and we having met on the — day of , 18 — , at — o'clock, — M., at {stating place) to hear the proofs and aiIc5;ation of the parties, being the time and place agreed upon by us whea and ^here we would meet to consider such appeal, and it appearhig that said cjBimis. sioners of highways, and three of the petitioners in said case, had been duly notified of such meeting, as required by law, we did proceed to hear th( proofs and allegations of the parties, and to consider said appeal ; and \^<( being now fully advised in the pi-emises, do adjudge, order and detexminci ART. 17.1 ROAD APPEALS. 99 -^ , % § 76. Upon the refusal of the commissioners of highways to Appeaiinciiseof alter or discontinue a road or lay out any new road, petitioned for dilcontinu^. or' as provided in section fifty-one of this article, any one of the peti- lay out road. tioners may appeal from such determination in the same manner ^^^^' that the order and determination of said commissioners of highways, be and the same is in all things affirmed, (or as the case may be.) In witness whereof, we have hereunto set our hands, this — day of , A. D. 18—. A. B., Supervisor of the town of . CD., " " " . E. F. '* '* " . Fees of Supervisors, one day each, $4.50. Note.— Where the appeal is from the order of the commissioners of highways, in altering, discontinuing or laying out a road, and the supervisors decide that such alteration, discon- tinuance, or laying out is necessary and proper, and that the public interest will be promoted thereby, they will simply state in their order that the order and determination of the com- missioners of liighways is in all things affirmed. Where the appeal is from the determination or order of the commissioners in refusing to lay out, alter, or discontinue a road, and they shall decide that such road ought to be laid out, altered, or discontinued, the foregoing form of order should be changed as follows : "And we being now fully advised in the premises, are of opinion that the laying out {or alteration, (/r discontinuance) of said highway is necessary and proper, and that the public interest will be promoted thereby — we do therefore order, that the order and determination of said com- missioners of highways be and the ^^ame is hereby in all things reversed ; and that said highway be laid out (or altered^ according to the following survey thereof which we have caused to be made by a competent surveyor, to wit, (here incorporate the survey or the surveyor) and do order and determine that the same be established {or altered) according to said siwvey and the plat hereunto annexed and made part of this order, which is hereby declared to be a public highway, four rods wide, the line of said survey being the center thereof" {in case of discontinuance, say; "and do order and deter- mine that said highway be and the same is discontinued according to the petition therefor.") Note. — Where one of the supervisors becomes unable to attend, before the determination of the appeal whereby another is associated in his stead, some statement of the fact should appear in the order of proceedings of the supervisors, otherwise there would be a variance ia the record, and the person associated would seem to be a stranger ia the transaction. In such cases, the order may be varied as follows : "And said town clerk having selected A. B., C. D., and I. J., three super- visors of said county, for the hearing of said appeal, and said I. J. being unable to attend, before the determination thereof and the undersigned E. F., a supervisor of said county being duly associated in place of said I. J. , and we the undersigned supervisors having met on the — day of, kc, (conclude according to the form of order.) Note. — The form for assessment of damages by commissioners of highways in laying out % road, can be varied to suit the occasion of assessment of damages by supervisors on appeal. The order of the supervisors altering or establishing a road should always be drawn with a great degree of care, and should properly show, by recital or by documents and papers annexe and referred to, a history of the whole proceedings, so as to make a perfect record ; the forego- ing form is recommended as being the most convenient method of the two. It has been held in New York, Harrington v. People, Q Barb.. 607, that to give commissioners of highways jurisdiction of proceedings to lay out a highway, an application must be made to them "in writing, duly signed as required by law ; and that an order directing the laying out of a highway, made on appeal from the decision of such commissioners, must show the making of such application to the commissioners, otherwise the order Will not be conclusive evidence of the regularity of the proceedings for laying out the road. On an appeal Itom the doings of the commissioners in laying out a road, an inquiry into the damages of the owners of lands, it seems, will be proper to enable the supervisor to de- termine whether the benefit will equal the expense, and whether the public good will be pro- moted by the roa.i.—]Busnwick v. Messerole, 10 Wend., 122. Bond for costs. 100 GENERAL PROVISIONS. [DIV. 1. and subject to the same provisions and restrictions as relates to persons who feel themselves aggrieved by a determination of the commissioners to alter or discontinue a road or lay out a new road.' TTben decision of § 77. Where an appeal shall have been made from the detei^ conomiseiouere is mjnation of the commissioncts refusing to lay oiit. alter or discon- reversed super- "ii»'""" " _ in 'it •• TisOTs to proceed, tinuc a road and the supervisors shall reverse sucJi determmation such supervisors shall alter, discontinue or lay out tJie road applied for, as the case may be, and in doing so shall proceed in the same manner in which commissioners of highways are directed to pro- ceed in the like cases. Such road shall be opened by the com- missioners of the town, in the same manner as if laid out by them- selves. Appeals in cose § 78. Appeals may be had from the determination of commis- nuT'^'^ °" **"™ sioners of highways of two adjoining towns, in altering, discon- 1861, tinning, laying out or refusing to lay out any road upon the line between said towns, which shall be granted and conducted in all respects as in other cases, except that the appeal shall be addressed How taken. to the town clerks of both towns or other officers of each town, as necessity may require. Each clerk shall select one supervisor, and the party appealing may select the other. Said clerks shall jointly certify the tacts of such selection. The supervisors so selected shall proceed, as near as may be, as provided in other cases. The bond for costs in such case, may be executed to the supervisor of either town. Duplicate copies of all orders and prc^ ceedings, in such cases, shall be filed with the town clerks of each town. When snpcrvisor § 79. In casc any one of the supervisors to whom suck appli- is unable to at- '_ . •. *^ ' **" ^* seems that supervisors on hearing appeals from commissioners of highways, decide the ^ocIatea. appeal, not on the facts existing at the time of the original application to the commissioners, hut on the facts existing at the time of the hearing before them. In this respect, the hear- ing before them is in the nature of a new proceeding. See People v. Goodwin, 1 Selden, 573. It is held that it is no part of the duty of superTieors, in consideriL,- appejils, to entertain dilatory or technical objections. They are bound to hear and determine the case on th« merits. The only questions for them to decide are, as to the expediency or inexpediency of the road, and the amount of damages which will be sustained by the location thereof. — Bea- dles V. Smith,_ 1.5 iffis., 326. The supervisors have, no doubt, authority to decide •whether the appeal is properly before them, but it seems they have no authority to entertain an objection to the regularity of the proceedings anterior to the deci.sion of the commissioners ; as their decision can only be on the merits, as to the necessity and propriety of laying out the road ; and if any irregularity has intervened previous to the decision of the commissioners, it can only be corrected by certiorari diiecltd to the commissioners.— IFan/vVt v. Judges of Oswego Co., IS Mm., 433. AU objections of a dilatory nature should be made before the commisioners of highways, and should they err In th«ir proceedings, the remedy by certiorari, and not appeal, is the proper course, and which it seems wiU be awarded in such cases. — See People v. Wilkinson, 13 Ills., 660. It seems that where supervisors have committed errors in their order, reversing the order of the commissioners and determining to lay out a road they have a right, after filing their order, to deposit in the town clerk's office a document correcting the errors ; which will be deemed a valid amendment. The reversal of the commissioners' order and the determina- tion to lay out the road, were quasi judicial nets, and could not be reversed or altered by the supervisors ; but making up the record of their proceedings was ministerial, and should they refuse to make such correction, it seems a mandamus will be awarded, requiring them to do so.— HaUorky. Woolsfy 23 Wrnd., 328. Where the commLssioners of highways refuse to open a road laid out by the supervisors, on appeal, a mandamvs Ues to compel thoin to do so ; which writ need not in the first in- stance he directed to the commissioners by their individual names. It is only in case of diso- bedience to the writ that they are to be proceeded against personally. — People v. Champion, 16 Johns., 61. fl) It has been held in New York. 7 Wend., 264, that a general appeal from the determina- tion of commission „„ o ^ 13 ' > Justices of the rcace. SAMUEL BRCHTOr.n, ) John A. Van Eps, ) Commissioners Nicholas Marselis, >- ♦ of John Swart, ) Highways. :-d this — day of, , A. D. 18 — . 104 GENERAL PROVISIONS. [my. 1. Road ou town § 86. It shall be the duty of the said commissioners, when there into road m's^'^'^'^i^^y ^6 such highway, to divide it into two or more road districts *'•*=''*• in such manner that the labor and expense of opening, working and keeping in repair such highways through each of the said dis- tricts, may be equal, as near as may be, and to allot an equal num- ber of the said districts to each of the said towns. § 87. Each district shall be considered as wholly belonging to the town to which it shall be allotted, for the purpose of opening and improving the road, and keeping it in repair ; and the commis- sioners shall cause such highway and the petition and allotment thereof to be recorded in the office of town clerk, in each of their respective towns.^ All highways, heretofore laid out upon the line between Read districts «n to\vn line. h«vr allotted. Roads on stjite line. 1857. Removal of fences. Forfeiture. 18G1. • Roads heretofore 8 ^ laid out on town ^^ly ^wo towns, shall be divided, allotted, recorded and kept in repair in the manner above directed. § 89. Highways may be laid out and opened upon the line between this and any adjoining state, as provided in the five pre- ceding sections, whenever the laws of such adjoining state shall be applicable. OPENING HIGHWAYS. ©pening of roads § 90. Whenever the commissioners of highways shall have pi-oTCd Uinds ^^'*^ ^'■^^ ^"y public highway through any inclosed, cultivated or improved lands, in conlbrmity with the provisions of this act, and their determination shall not have been appealed from, they shall give the owner or occupant of the land through which such road Si.xty days' notice shall have been laid sixty days' notice, in writing, to remove his to remove fences, fgjjces. If such owner does not remove his fences, within sixty days, the commissioners shall cause such fences to be removed, and shall direct the road to be opened and worked ; and such owner shall forfeit to the town the sum of fifty cents a day for every day he shall permit his fence to remain, after the expiration of said sixty days.^ (1) When a road is located on a dividing line between townships, the commissioners of high ■ways of the towns must create road districts and allot the expense, etc., of keeping up tlic road among the districts as nearly equal as possible, giving each towm an equal number of districts, each road district to be attached to the town in which it lies. Without such au allotment, the road can not be opened, neither of the towns having power to act. Keech v. The People, 22 Ills., 478. The road in such case should be opened by the commissioners of highways of the town to ■which road districts are allotted ; such allotting gives to the commissioners jurisdiction over so mnch of the road as is contained in the road districts allotted to their town. ^ Form of Notice for Removal of Fences. To Mr John Smith : You will take notice that the commissioners of highways oi the town of Bead, in the county of Will, have laid out a public highway, agreeable lo an order of said commissioners, bearing date the — day of , A. D. 18 — , a copy of which is hereuTito annexed ; which highway passes through certain enclosed (or cultivated, or improved,) lands owned {or occupied) by you. {It will be well here to describe the premises with reasonable certainty.) You are therefore hereby notified and required to remove your fences from within the bounds of said highway, within sixty days after the service of this notice. Henry Watkins, \ Commissioners Sheldon Young, >- of Henky Stone, ) Highways. Dated this — day of , A. D. 18 — . IRT. 17.] PRIVATE ROADS. 105 § 91. If the determination of the commissioners shall have Notice to remove been appealed from, then the sixty days' notice shall be given, jj"^",''''* "^^'"^ "P" after the decision of the supervisors upon such appeal shall have been liled in the office of the town clerk of the town. § 93, All highways, laid out by order of the commissioners or iioadH to be supervisors, on appeal, shall be opened within five years from the ^P'^^';^ '° five time of laying out the same. If not opened within the time afore- igei. said the same shall be decreed [deemed] to be vacated.^ PRIVATE ROADS. § 93. Private roads may be laid oufby the commissioners of Commissioners highways, from the dwelling or plantation of individuals to any ^te roua""*^ '^"* public road, or from one public road to another, or from one lot of 1801. Note. — This notice should be served by leaving a copy with the owner or occupant, and should be served by, or in the presence of, some indifferent person, having no interest in the matter ; and a true copy should in all cases be retained by the commissioners, us actual notice must be proved should it ever be questioned, and will not be presumed. The presumption which is sometimes iadulged in favor of public otRcers, does not extend to such a ca^e. — Case V. Tompson, 6 Wend., 631. If fences ai-e removed without giving sixty days' notice, all persons concerned therein are trespassers. — Kelly v. Horton, 2 Cow., 424. An overseer of highways in proceeding to open a road by removal of fences can not justify in au action of trespass, by showing merely an order from the commissioners of highways, directing him to open the road ; if the legality of the road is questioned, he must show also that it was in all respects legally laid out and e.stablished. The commissioners, and all persons acting under them, must shosv that a ease existed which justified the order issued by them. — Guptaily. 2V/7, 16 /&., 3o5; Dunning \ Mathews, III., SOS It lias been held in numerous instances, that payment or assessment of damages of tha owners of lands through wliioh a public higliway is laid is not a condition precedent to the right to open the road ; and where a law authorizing the taking of private property for pub- lic purposes, provides for a just compeusation to the owner, it is not unconstitutional because it omits to make the assessment and payment of damages a condition precedent to au entrj- upon, and occupation of the premises. It is deemed sufficient if the law makes definite and certain provisions for ultimate compensation to the owner — Baker v. Johnson, 2 Hill, S-i'Z ; Smith v Helmer, 7 Barb , 416; Robottom v. McCliire, i Black., 505 But not so, it seems, in case of a railroad or private corporation — Blood^oou v Mokawk ^ Hudson River R. R. Co., 18 Wend.,^ Where commissioners of highways had laid out a road in pursuance of law, but neglected to file their proceedings and a mandamus directed to their successors, commanding them to open it, by mistake misdescribed the road, on application for a rule requiring the defendants to furnish the original appUcation, and that the mandamus be amended thereby, it appeared that the paper sought for had remained in the hands- of II., a former commissioner, and was beyond the control of the defendants Motion, therefore, denied as to the defendants But a rule was made upon 11. that he file a paper with the clerk of the town, &c or shew just cause why he should not do so. — People v. Vail, 1 Cow., 589 A mandamus to commi.ssioners of highways to open and work a road will be granted with- out regard to the near approach of the expiration of their offices ; when the term of the office expires, their successors must obey the command of the writ, — People v. Collins. 19 Wend., 53. A mandamus is not a proper remedy to try the que.^tion of the location of a public highway, as between the public and the landholders over whose land it passes. The court has a dis- cretion in granting or refusing the writ. — People ex rel. Morgan v. Curyea et al., 16 Ills , 547. Where a road is used and traveled by the public as a highway, and is recognized and kept in repair as such, by the authority whose duty it is by law to open and repair public roads, proof of tuese facts furnishes a legal presumption, liable to be rebutted, that such road is a pubUc highway. — Eyman v. People, 1 Glim.. 4; Nealy v. Brown, lb., 10. Parol evidence is admissible to show where a road is located. Although there should be some uncertainty as to the precise location of the road, yet if the evidence be such as to con- vince tlie jury as to its location, it is sufficient for them to act upon. — Nealy v. Brown, 1 Gilm., 10. If tbe public is to be charged with the abandonment of a road, the proof of the fact must be accompanied by the further proof that another road has been adopted in its stead. A public road, established by public authority, continues as such until it shall be vacated by a hke authority. — Champlin v. Morgan, 20 Ills., 181. (1) It is held in New York, that the road must be completely opened; if any part thereof U permitted to remain fenced up for the space of time in which the road is required to be opened, and the travel turned another way to avoid the field, this will vacate so much of the road as remains fenced up. — Lyon v. Miinson, 2 Cow., 426. It seems that a road passing through unimproved and uninclosed lands, is considered in contemplation of law, opened when established. — Ferris v. Ward, 4 Gilm., 499. 106 GENERAL PROVISIONS. [DIV. I. land to another, or from a lot of land to the highway ; and when- ever any individual desires to have a private road laid out, as afore- AppUcation for. fj^id, such individual may apply to the commissioners of highways to lay out such private road, and the commissioners shall proceed to examine into the merits of such application, and be governed in rrococdings to their pi'oceedings by the rules and regulations pi'escribed in this '■* "" ' act in relation to public roads. The damages assessed, in conse- Bamages by quence of the laying out of such private road, shall be paid by the whom paid. person applying for the same, and, when paid, the persons apply- ing thereibr, their heirs and assigns, shall have the right to open said private road, and shall have the right of way upon the same For use of person forever thereafter, but not to be converted to any other use or par- applying. p^gg jj^j^j ^j^^j Qf ^ j.^^^_l 1 JForm of Application to Commissiooiers of Higliways, for Private Road. To the commissioners of highways of the town of Waukegan^ in the county of Lake : The undersigned, Reuhen White, desiring to have a private road laid out from his dwelling to a public road, {eras the case may be,) does hereby apply to you to lay out a private road, three rods in width, (^xet forth the width de- sired,) from his dweUing house in said town, on the most eligible ronte, to the public road leading from to , and intersecting said road at (or near, &c. ; describe the route of the private road as desired.) Dated this — day of , A. D. 18—. Note. — The legislature, it would seem, have considered private roads here provided for, somewhat in the nature of public highways, and the taking of land, the private property of individuals, in establishing such roads, may be regarded as a taking by the public The com- missioners of highways, in laying out private roads, as will be seen, are required to proceed and be governed in their proceedings by the rules and regulations prescribed in relation to public roads. It would therefore seem to be necessary that the commissioners, after receiving and granting the application for a private road, should commence by fixing a time and place when and where they will meet to hear reasons offered in the premises, and thereupon cau.«e notices thereof to be posted as in the case of petitions concerning public highwaj s, and there- after proceed in ail respects as near as the nature of the case will aUow, as iu cases of publio roads Forvi of Order of Commissioners of Highways, laying out a Private Road. Lake County, ) Town of Waukegan, \ ^^' Whereas, upon the application of Reuben White for a private road from his dwelling in said town, to a public road, we, the commissioners of said town, did on the — day of , A. D. 18 — , proceed to examine into the merits of such application, and having, before determining to lay out said private road, fixed upon a time and place when and where we would meet to hear any n^a- sons for or against laying out the same, and having caused written notices thereof to be posted up in three of the most public places in said town, eight days previous to the time of such meeting, and having met according to such notice, and having heard such reasons as were oflfered for and against laying out said private road, and being of opinion that the laying out thereof is proper, having granted said application, we did, on the — day of , A. D. 18 — , lay out such private road, agreeably to said application, and cause a suFvey thereof to be made by a competent surveyor, as follows, coiiniienciug at, &c., [here incorporate the survey as rendered by the surveyor.) "We do therefore order and determine, that a private road be and is hereby laid out and established, three rods in width, according to said survey, and the plat thereof hereunto annexed: the line of said survey being the center of said private road. In witness whereof, we, said conimij^sioners, have hereunto set our hands, this — day of , A. D. 18 — . Phillip Blanchard, ) Comniissioneis A. B. Ferguson, >■ of EuER Hjnkston, ) Highwavs ART. 17.] 'OBSTRDCTING*HIGHWAYS. 107 [And all private roads shall not be more than three rods width, wide.' J , OBSTRUCTING HIGHWAYS. § 94. If any person shall obstruct any public highway, by obPtmcting falling a tree or trees across the same, by encroaching upon or ^'^''^"'^^^• fencing up the same, or by placing any other obstruction therein, or by digging a ditch across the same, he shall forfeit to the town, for every such offense, a sum not exceeding ten dollars, and a sum Penalty. not exceeding one dollar for every day he shall suffer such obstruc- tion to remain after he shall have been ordered to remove the same by a commissioner or overseer of highways of the town :^ provided, Proviso. Note.— Tht forms given in cases of laying out public roads, for agreement as to dimiages release of damages, and assessment of damages, can be used in case ot jirivate roads, by beinj varied to suit the occasion. In the absence of acquiring a private way by express grant or by proceedings under the gtatute, an uninterrupted use and enjoyment of a right of private way over the laud of an- othei for twenty years becomes an adverse enjoyment, sufficient to raise a presumption of t. grant. But such use, to be conclusive evidence of a right, must have been continuous, un- interrupted aud exclusive ; that is, under a claim of right, with the knowledge and acqui- escence of the owner. The use of an eiisement for twenty years unexplained, wiU be pre- sumed to be under a claim or a.ssertion of right, and adverse, aud not by the leave or favo)- of the owner ; and such a use will not only give a title by prescription, but wiU authorize th' presumption of a gnmt. When a right to a private way is acquired by prescription, or by user of twenty years, it can only be lost by a non-user of twenty years, or by a release. A void proceeding for laying out a private road, or a void grant, may form the basis of au adverse use and enjoyment of an easement in land. The consent of the owner of laud, to the laying out of a private road across his land, may be presumed from his acquiescence, and the acquiescence of those deriving title from him, in the uninterrupted use of the road as a private road, by others for twenty years. Such consent will render the proceedings for lay- ing out the road vahd. — Miller v. Garlock, 8 Barb., 153. An assessment of damages on laying out of a private road is not subject to the revision or correction of a board of supervisors. — CVaig v. Supervisors, 10 Wend., 505. The record of a private road laid out by the commissioners, designating the course, distance and quality of land taken, is sufficiently definite to determine the width of the road, and paiol evidence of the result, from the data given, is admissible. Where a party obtaiua a right to a private road of the width of two rods, the owner of the land through which it passes must so build his fences as to leave full two roads in ^vidth in every part of the road ; he can not build a Vii-ginia fence, placing the center on the exterior lines of the two rods, with the angles projecting into the road. A party will be deemed, how- ever, to have assented to such location of the fences, if apprised that the damages of the owner » of the lands were asse.ssed in reference to such location, or if he permits the fences to be thus built without objection. — Herrick v. Stover, 5 Wend., 589. Held, also. Ibid., that where a party obtains a right to a private road, he will be entitled to an action against the owner of the land, if he places his fences ten or twelve feet on the land acquired for the road, unless he has yielded his assent expressly or implicitly to such location. But it seems that if the plainti^ had assented to the location as made, or if he had seen the defendant constructing his fence as it is, and kno%ving that the angles encroached upon the road and was silent, he ■would not be permitted to maintain an action for damages. An obstruction of a private road is a mere private injury, in which the pubUc have no con- cern. — Fowler v. Lansing, 5 Wend., 580. An obstacle placed in a private road by the owner of the land over which it is laid out, can not lawfully be removed by one having no right to use the road. — Drake v. Rogers, 3 Hill, 604. Where it appeared that a road was from two and a half to three rods wide, that it termina- ted at A's house without connecting ^vith any other road, that it had never been used by the ' public, and the record on file with the town clerk described it as a " highway for A., begin- ning," &c., held, though it also appeared that for many years it had been included in a road district, the evidence did not authorize the court to pronounce it a public highway as a mat- ter of law. but the question should at least have been submitted to the jury. Setnble., that this evidence showed the road to be a mere private one, intended for the accommodation of A. —Drake v. Rogers, 3 HiU, 604. (1) This provision concerning the width of private roads was contained in the township act of 1S51, and is not repealed, but remains in force ; it is therefore inserted here in its proper order. (2) Where the owner of the soil dug a race-way across a road to conduct water to his mill, it was held that he must restore it to a traveling condition, and if an injury occurred, though iie used the utmost care to prevent it, he was Uable in damages ; that the right of the owner depended upon mere sufferan'.e ; whenever an injury occurred, the race-way would be ad- juu 'P I a nuisance. — Dygert v. Schenck, 23 Wend.,,4A6. 108 GENERAL <>ROVISIONS. [div. I. that this section shall not be construed to extend to any person who shall lawfully cut down any tree for use, and who shall immedi- ately remove the same out of the road, nor to any person through whose land a highway shall run, who shall dig a ditch or drain across such highway, and shall keep the same in good repair.' Injury to § 95. Any person who shall purposely remove any plank or meauor. * °^'^^' timber from any bridge or causeway on any public highway, such 1861. Punishment. person shall be deemed guilty of a misdemeanor, and shall be liable to indictment therefor, and punished by imprisonment nor exceeding six months, and shall also forfeit to the town a sum not less than five dollars, nor exceeding one hundred dollars ; and any Penally for defac-pei'soifi ^'^^ shall destroy or deface any gqide-board, post or mile ingguiiie-board. stonc, on any public highway, he shall forfeit to the town a sum of not less than five dollars nor more tha-i twenty-five dollars. PROSECUTION FOR PENALTIES. Manner of bring- § 96. All penalties and forfeitures provided in and by this act, ing suits for re- -where tlic Same shall not exceed one hundred dollars, may be sued tovory 01 tines. t /> • • r i 'J for and recovered before any justice of the peace ot the proper Justices have couuty, upon whom jurisdiction, in such cases, is hereby conferred ; jura ction. ^^^^ ^|| proceedings for the recovery of any such penalty or forfeit- ure shall be in the name of the town to which the same shall be In name of town, forfeited, unless otherwise provided by this act. When town fails § ^'^' ^^ ^^^ cases wherc a penalty or forfeiture shall be in- to commence curred by any person, under the provisions of this act ; and no prosecution for the same shall be commenced by the town to which the same shall be due, or by the officer or agent whose duty it is to prosecute for the same, within sixty days from the time such penalty or forfeiture shall be incurred, the same may be sued for by any elector of the town, in an action qui tarn, one-half of the amount recovered to be paid to the person who shall sue therefor, and the other half to the town. suit, elector may sue. 18i31 • ARTICLE EIGHTEENTH. Election pre- cincts. Judges of elec- tion. Notices. MISCELLANEOUS PROVISIONS. § 1. Each town, acting under township organization, shall constitute an election precinct ; and the supervisor, assessor and collector shall be, ex officio, judges of elections. The supervisor, or in case of his absence, the town clerk, shall post up notices of general elections, in like manner as is now required of sheriffs and county clerks under the general laws of this state, in counties not adopting township organization. The place of holding elections (l)On a trial under an indictment for obstructing a highway, the questions whether the road was ever worked or recognized by the public authorities, or whether the road was ever used as a pubUc highway, are proper, and the answers should be admitted in evidence. The description of the road in the indictment is material and must be proved as laid. The deiicription of a road as leading from A to B is sufficient.— il&rnvi v. People, 23 JUs., 395 ART. 18.] MISCELLANEOUS. 100 shall be at some central and convenient place in the town, to be Place of holding, fixed by the supervisors or town clerk, as the case may be. ^^^^' § 2. The county judge, sitting as a county court, without asso- Juris(Ucti(m o. ciates, in counties acting under township organization, shall have c^J^of ueim-'* "* the same jurisdiction of suits brought by collectors for taxes on i^*^^^ '^^** delinquent lands and town lots as the county courts have under existing laws ; and all acts of county courts, heretofore done in suits for taxes on delinquent lands and town lots are hereby le- galized. § 3. The cities of Chicago and Peoria shall be entitled to elect Special piovi«ion one supervisor in each ward, in addition to the township super- orialnrchi^o^ visors, and the several supervisors so elected shall be members of the board of supervisors of the county, and shall have, possess and enjoy all the rights, powers and privileges that are now or hereafter Ward supems- sliall be possessed and enjoyed by the sevei-al township supervisors, *"*" as members of the board of supervisors of the county. The elec- when elected. tion for such supervisor to be held at the same time and in the same manner as the election for township supervisors in the coun- ties in which said cities are situated. § 4. Upon the petition of fifty legal voters of any county act- vote on abolish- ing under township organization, it shall be the duty of the county o^f;^^^*'*'^ clerk, upon the filing of such petition with him, to cause notices to be posted up in three of the most public places in each town of such county, at least twenty days previous to the next annual town meeting, that the question of township organization, under this act will be voted upon. At such meeting said vote shall be taken by ballot, to be written* or printed, or partly written and partly printed, " for township organization," or " against townsliip organization," and shall be canvassed and returned in like manner as votes for state and county officers. § 5. If it shall appear, by the returns of said election, that a Effect of vote t« .majority of all the voters, voting at such election, have voted a^'J'*"*'*- against township organization, then the county so voting shall cease to act under such organization, from and after the election and qualitication of such county officers as are provided for in such counties as have never adopted township organization.* § 6. At the next general election after the voters of any such Election of offi- county have determined against township organization, there shall ig^^ng p^vaU^*^" be an election for all the officers required by law in counties that have never adopted township organization, except such officers as may have been previously elected and are entitled to hold over ; and notice of such election shall be given as is now provided by ^ law. § 7. That at the first town meeting in each town, under this Three highway act, in counties that have or may hereafter adopt township organi- ^e'Xcted affir*^ zation, there shall be elected three commissioners of highways, one to^^ meeting. (1) Though the constitution makes no provision for the abandonment of the township organization system, yet the legislature may provide for its abrogation by pursuing the same course, and adopting the same guarantees to protect the rights of aU, which the constitution requires in the adoption of the system ; that is, it should be done at a general election, aa.i bj a, majority of all the voters.— The people ex rel. t. Counchman, 15 Ills., 142. 1X0 GENERAL PROVISIONS. [DIV. 1. 1861 of which shall hold his office for one year, one for two years, and one for three years. Said commissioners shall meet at the office of the town clerk at a day and hour to be fixed by said clerk, within ten days after the town meeting, of which he shall give each To draw lots for Commissioner three days' notice, when and where said commis- terms. sioncrs shall meet to determine their respective terms of office.' § 8. At such time and place the town clerk shall prepare three Manner of draw- separate picccs of paper, as near alike as practicable ; on the first ing lota. ^£- ^jiich ghall be written the number " one," on the second the number " two," and on the third the number " three" ; and he shall jggj cause them to be folded up aUke, as near as practicable, and de- posited in a box ; and the persons elected commissioners shall severally draw one of the said pieces of paper, and the term of office of each such commissioner shall be determined by such teSTined^by ^ ^ drawing, and each shall hold his office for the number of years drawing. corresponding with the number by him drawn. Neglect of com- § 9. If any person elected a commissioner shall neglect to at- tend S dr^r. *^^*^ ^* *^^ *^^^ ^^^ place specified in the preceding section, the town clerk shall select some qualified elector of the town to draw 1861. for said commissioner, in the manner prescribed in the preceding section ; and the number drawn by such elector shall be a lawful determination of the term of office of said commissioner. Prior .aws in con- § 10. All laws and parts of laws in conflict with the provisions liict repealed, ^f j^j^jg ^^^^ g^Pg hereby repealed, saving and excepting laws of a local or private nature ; and nothing herein contained shall be con- • o el tive ^^™6*1 ^^ repealing an act entitled " an act to change the time of to Cook county, holding town meetings in the county of Cook,"»approved February 1861. 24th, 1859, or an act entitled "an act to amend an act entitled an act to provide for township organization," approved February 21st, 1859, which applies to Cook county only. When act to take § H. This act shall take effect on the first day of April next, effect. j^^ J) 1861, and shall be in force on and after that day. • Proviso reianve Nothing in tliis act contained shall prevent the towns of East and West Galena from electing an assistant supei-visor in each of said towns, in addition to the town supervisor ; but said towns of East and West Galena are each empowered to elect an assistant supervisor, so as to make two supervisors in each of said towns, in addition to the ward supervisors of the city of Galena, allowed by law. Approved, February 20th, 1861. \1) Note. — Should the town clerk fail to give notice for the meeting of the commissioners of highways, or the commissioners fail to meet as here provided, they can meet at any other d»te after the expixatioa of the ten days, and decide their term of ofSce by lot. to Galena- 18G1 DIV. 2.] ELECTIONS. Ill DIVISION II. ELECTIONS.* v^^From Chapter 37 of the Revised Statutes.) Section 1. (Repealed.) Sec. 2. The clerks of the several county commissioners' courts, Abstract of votes shall, within eight days next after holding an election for electors [ran'smitted to *"" as is provided for in this chapter, make three copies of the abstract ^^o goveruor. of votes for electors, and transmit by mail one of said copies to the governor or person administering the government, another to the office of the secretary of state, and retain the third in his office, to be sent for by the governor, in case both the others should be mis- laid. Within twenty days after the holding of such election, and Governor, vnth •' -^ ° ' other state otU- sooner if all the returns are received by either the governor or cers to canvass returns and de ' clare the result. person administering the govsrnment, or by the secretary of state, r*'*"'""^ ™'i '^'-'■ the secretary of state, auditor of public accounts and treasurer, or any two of them, shall, in the presence of the governor or person administering the government, proceed to open and canvass said election returns, and to declare the persons having the highest number of votes elected ; but should any two or more persons be returned with an equal and the highest vote, the said secretary of state shall cause a notice of the same to be published in the paper printed by the public printer, which notice shall name some day and place, not less than five days from the time of the publication of such notice, upon which the said secretary, auditor and treas- urei', will decide by lot which of said persons so equal and highest cided° are elected ; and upon the day and at the place so appointed in said notice, the said secretary, auditor and treasurer, or any two of them, shall, in the presence of the governor or person administer- ing the government, decide by lot which of the persons so equal and highest shall be elected. Sec. 3. The governor or person administering the government, Governor to shall cause the result of the said election to be published in the puMshed!^' '° '^ paper printed by the pubUc printer, and shall transmit by mail to the persons elected, certificates of their election. Sec. 4. The electors chosen as aforesaid, shall meet at the seat Electors to meet of government of this state, at the time appointed by the laws of ^°t^g^^*^ ^^™ the United States, and give their votes in the manner therein pro- vided, and perform such duties as are or may be required by law. "Each elector shall receive for every twenty miles necessary travel in going to the seat of government to give his vote, and in return- Compensation of ing to his residence, to be computed by the most usual route, the *^**='''"- sum of three dollars, to be paid on the warrant of the auditor, out of any money in the treasury not otherwise appropriated. ♦See Beglstry L*w, Appendix, p. 266. 112 ELECTIONS. r^IV. 2. Vacancy in eiec- Sec. 5. In case any person, declared duly elected an elector of huw rmed^*''*' president and vice president of the United States, shall fail to attend at the state house, at the seat of government of this state, at or before the hour of twelve o'clock at noon, of the day on which his vote is required to be given, it shall be the duty of the elector or electors of president and vice president, attending at that time and place, to appoint a person or persons to fill such vacancy : ProTiso. Provided, That should the person or persons, chosen by the people as aforesaid, arrive at the place aforesaid, before the votes for presi- ident and vice president are actually given, the person or persons appointed to fill such vacancy, shall not act as elector of president and vice president. Sec. 6. (Repealed.) Election pre- Sec. 7. The county commissioners' courts of the several coun- ciu declared duly elected ; and the said clerk or clerks shall make ou and deliver to the person thus declared duly elected, a certificate of his election as herein before provided. Sec 29. The clerk of the county commissioners' court, imme- cierk to make diately after making out abstracts of votes given in his county, and^trM^^iiu! by* shall make a copy of each of said abstracts, and transmit it by muii to secxeiiny mail to the office of the secretary of State ; the abstract of votes for Governor and Lieutenant Governor being addressed to the speaker of the house of representatives, and inclosed with the other abstracts to the secretary's office as aforesaid ; and it shall be the duty of the secretary of State, at the opening of the succeeding session of the General Assembly, to deliver all such abstracts of votes for Governor and Lieutenant Governor, or for either of them, to the speaker of the house of representatives. Sec. 30. The seci-etary of State, auditor, treasurer and attor- Votes for con- ney general, or any two of them, in the presence of the Governor, f^ggc,! "" '^'^^' shall proceed, within fifty days after the election, and sooner if all the returns be received, tojsanvass the votes given for representa- tives to Congress ; and the Governor shall grant a certificate of election to the person or persons having the highest number of votes, and shall also issue a proclamation, declaring the election of such per- on or persons. In case there shall be no choice, by reason Tie vote how ae- of any two or more persons having an equal number of votes, the election shall be determined by lot, under the direction of the Gov- ernor, in the manner prescribed in the twenty-eighth section of this chapter. Sec. 31. If the returns of the election of any county in this Where returns State, shall not be received at the office of the secretary of State, ty^S messln- within thirty days after the day of election, the said secretary shall gw to i^e sent. forthwith send a messenger to the clerk of the county commission- ' ers' court of such county, who>e duty it shall be to fumis.i the said me>^s nger with a copy of such return^ ; and the said messenger shall be paid out of the State trea.-ury the sum of ten cents for each mile he shall necessarily travel in going to, and returning from the office of the said cl?rk. Sec. 32. When any vacancy shall happen m the office of sen- J''^°^y^j.'»^_.°^^': ator or representative to the General Assembly, by death, removal resentative how or otherwise, it shall be the duty of the clerk of the county com- ^*"^' 118 ELECTIONS. [DIV. 2. missioners' court of the county, if one county only compose the senatorial or representative district, as soon as he shall have been informed thereof, to notify the Governor of such vacancy, and if there be more than one county comprised within the limits of such senatorial or representative district, it shall be the duty of the clerk of the comity commissioners' court of the senior county in such district, so to notify the Governor, and the Governor shall issue a writ of election, directed to the shei'ifF of the county in which such vacancy shall happen, commanding him to notify the several judges of election in his county, to hold a special election to fill such va- cancy or vacancies, at a time to be appointed by the Governor : ProTiso. Provided, That if there is to be no session of the General Assembly between the happening of such vacancy and the time of the gene- ral election, it shall not be necessary to order a special election to fill such vacancy. When short no- Sec. 33. Elections to fill vacancies in either branch of the tice may be ijiv- general assembly, occurring during the sessions of the legislature, may be held on such notice, not less than five nor more than twenty days, as the Governor may du'ect in the writ of election issued to fill such vacancy. Vacancy in office Sec. 34. If any vacancy shall happen in the office of Governor tilifd J*™**"^ "^"^ by death, resignation, removal from office, or refusal by the Gov- ernor elect to take the requisite oath of office, it shall be the duty of the secretary of State to notify the clerks of the county commis- sioners' courts of the several counties in this State, that at the next succeeding genei-al election of members of the General Assembly, or electors of President and Vice President, (as the case may be,) rroviso. an election will be held to fill such vacancy : Provided, however, That the secretary shall not give such notice, nor shall such special election of Governor take place unless the vacancy shall have hap- pened at least forty days prcAnous to such general election for members of the General Assembly, or of electors of President and Vice President of the United States, nor unless a regular session of the General Assembly shall intervene between the time when such vacancy shall have happened and the succeeding quadi-ennial elec- tion of Governor. Vacancy in office Sec. 35. When any vacancy shall happen in the office of sheriff ner^how liSed™" '^^ coroner, either by death, resignation or otherwise, the clerk of the county commissioners' court in which such vacancy shall hap- pen, shall immediately notify the Governor of such vacancy ; and it shall be the duty of the Governor to issue a writ of election, and direct the time when such election shall be held, the said writ to be directed to the said clerk. Vacancy in con- Sec. 36. When any vacancy shall happen in the office of rep- ge^smanhow rgsentativc to Congress from this State, it shall be the duty of the Governor to issue his proclamation, appointing a day to hold a special election to fill such vacancy. Penalty for mai- Sec. 37. K any judge of the election, or clerk, or any other *" ° ""°"'^" ^^ officer or person in any manner concerned in conducting the elec- teusance i DIV. 2.] ELECTIONS. 119 tion, shall willluUy neglect, improperly delay or refuse to perform or clerk of eiec- any of the duties required by tliis chapter, after having undertaken """^ to perform such duties, he shall forfeit and pay to the State the sum of forty dollars ; and if any such judge of the election, clerk or other officer or person, in anywise conceraed in conducting the election, shall knowingly admit any person to vote, not qualified according to law, or shall knowingly receive and count more than one vote from one person, at the same election for one office, or shall be guilty of fraud, corruption or partiality, or manifest mis- behavior, in any matter or thing relating to said election, each and every person so offending shall forfeit and pay to the county the sum of one hundred dollars, to be recovered in any court of record in the State, in the name of the State for the use of the county, in an action of debt, with costs of suit, or at the suit of any person penalty how »■ who may sue for the same, one-half for the use of the person sueing covered. and the other half for the use of the county ; and every such per- son so ofifending as aforesaid, shall moreover, on conviction, be rendered incapable of holding any office within this State for the term of ten years thereafter. Sec. 38. Nothing in tliis chapter shall be so construed, as to when judge not prevent the judges of election from refusing to receive the vote of^'*'''®'° penalty, any person when it shall be proved to the satisfaction of a majority of them, that in taking the said oath he shall have sworn falsely. And if any judge of election shall order to be received the vote of any person who, being challenged, shall not take the oath or affirm- p^^^j^^ ^^^ ^^_ ation prescribed by law, such judge of election, so offending, shall ceivingvotewhtru forfeit and pay the sum of fifty dollars, to be recovered by action ciiaiienged. of debt, in the name of the State, or of any person sueing therefor, the one-half of said fine for the use of the county, and the other half for the use of the person sueing. Sf.c. 39. (Repealed.) SiiC. 40. If the clerk of the county commissioners' court shall penalty where neglect or refuse to perfomi the duties as pointed out in this chap- perforS^auty.'* ter, he shall be liable to be indicted, and on conviction shall be fined, in a sum not exceeding five hundred dollars, and imprisoned, not exceeding thirty days, and may be sued in an action of tres- pass on the case, for damages, not exceeding five hundred dollars, by the person injured by reason of the neglect or refusal of such clerk. Sec. 41. If any person shall mutilate or erase any name or Penalty for tak- figure, or word, in a poU book taken or kept at any election, or if bJ^^^^^^y. any person shall take away such poll book from the place where it has been deposited for safe keeping, with an intention of destroying the same, or to procure or prevent the election of any person, or if any person shall destroy any poll book so taken and kept at any election, he or she shall be liable to be indicted, and on conviction, shall be fined five hundred dollars, and imprisoned, not exceeding sixty days in tlie county jail. Sec. 42. When any candidate shall desire to contest the validity Elections how '' contested. 120 ELECTIONS. [DIV. 2. Justice to he najoicd. Other party to uttme a justice. Two justices to choose a third. Power to Huse tubpoeuas. of any election, or the right of any person declared duly elected, to hold the office to which such candidate claims the right, such candidate shall give notice of his intention in writing, to the person whose election he intends to contest, or leave a notice thereof at his usual place of residence, within thirty days after the day of election, expressing the points on which the same will be contested, . the name of one of the justices of the peace who will attend at the talving of the depositions, the place where, and the time when the said depositions will be taken ; which time so fixed upon for the taking of the depositions, shall not exceed sixty days from the day of election. Sec. 43. The party whose election is contested, may select another justice of the peace to attend at the trial. Should the party whose election is contested, refuse or neglect to select a jus- tice as aforesaid, the justice chosen by the person contesting the election as aforesaid, shall make such selection for hini. ' The two justices so selected or chosen, shall make choice of a third justice ; and if they can not agree upon a third justice to act with them, they shall make such selection by lot ; and the three justices thus selected, or either of them, shall have power, and they are hereby authorized and required, to issue subpoenas and such other process as may be necessary to secure the attendance at such trial, of all per- sons whose testimony may be required by either party, in the same manner as is provided in other cases of proceedings beibre justices of the peace. Sec. 44. The said justices, or any one of them, shall, in all such cases, have power to issue subpoenas for witnesses to any county in this State, directed to the sheriff of such county, who shall make service and return as in other cases. And any witness duly sub- poenaed, refusing or neglecting to appear and testify, .'■hail, in addi- tion to the penahies otherwise imposed by law, forfeit and pay a fine of fifty dollars, to be recovered by action of debt, in any touit having cognizance thereof, one-half to the county, and one-half to the person sueing for the same. Sec. 45. The said justices, or any one of them, may issue attachments for witnesses so neglecting or refusing to attend, who may be brought before them ; and at any time before the day for the decision of the question between the contesting parties, the said justices shall, at the request of either, after giving notice to the other party of five days, if resident in their county, or ten days, if residing out of their county, proceed to take the testimony of such witnesses, to be used in the case. Sec. 46. If any justice of the peace selected as aforesaid, to attend at the taking of the depositions, shall, without reasonable excuse, fail or refuse to attend at the time and place appointed, after having undertaken to attend, he shall forfeit and pay a fine of fifty dollars, to be recovered by action of debt, in any court having cognizance thereof, one-half to the county, and the other half to the person who will sue for the same. Sec. 47. The said justices shall hear and examine all the evi- Power to isFue sHbpoenas to any county. Penalty where witness refuses to appear and teeti- ii- Justices may is- nue attachments for witnesses. Penalty where justice refuses to attend. Justices to hear eTidence, and de- cide contcs* niV. 2.] ELECTIONS. 12t dence offered on either side. If the contest be respecting any county office, tkey shall decide which of the said candidates shall have been duly elected, and certify the same to the clerk of the county commissioners' court of the proper county, who shall there- upon make out and deliver to the successful party a certificate of his election. If such contest be respecting a seat in the Senate or Duty in case of House of Representatives of this State, the said justices shall ^^ear ^^^Jf^^^^^^^ and reduce to writing, all the testimony taken in the case, and cer- tify and transmit the same under seal, together with all otlier papers and documents pertaining to the case, to the speaker of the Senate or House of Representatives as the case may be. Sec. 48. No testimony shall be heard by the said justices on Testimony must the part of the person contesting the election, which does not relate ^'i^'ifonu to no- to the points specified in the notice. Such justices shall have cit-rk aua'l"t- power to appoint a clerk, and may adjourn from day to day, until ^"""'^ °"^''"^" their duties shall be completed. They shall have the same power to preserve order, and to punish disorders and contempts, as jus- tices of the peace may exercise, when holding court. Sec. 49. In all contests for county offices, in which the justices Justices to enter bearing the case, are authorized to decide, they shall enter judgment •'"^^°^^'^'" on the docket of the justice last chosen, for all the costs of such contest, against the unsuccessful party, upon Avhich execution may issue as in other cases. Either party may appeal from the decision Appeal aUowed. of such justices to the circuit court as in other cases of appeal from the judgment of a justice of the peace, tlie decision of which court shall be final. Sec. 50. In. all contests other than for county offices, the pro- Testimony how ceedings for taking testimony hereinbefore provided, may be had ^" ^ ""^^ ""*' in each county in which it is necessary to take testimony, and the like returns shall in each case be made. In those cases in which the justices examining, do not decide the contest, they shall not be compelled to certify or transmit the testimony and documents per- taining to the case, until the reasonable costs of the examination and of certifying the same, are tendered or paid ; and the party who is finally un.:uccessful shall be liable for such costs, to the person who shvl ^ave paid the same. But if neither party shall require or cause such testimony and documents to be transmitted, then judgment may be entered and execution had, as before pro- vided, against the party at whose instance such examination was instituted. Sec. 51. In all elections by the General Assembly, or by Elections by the either house thereof, (elections of justices of the supreme court, °®°*'"f **'''''" ^^^» and judges of inferior courts excepted,) the members shall vote viva voce, and their votes shall be entered upon their journals. Elections by joint vote of the two houses shall be made in the hall of the house of representatives, at such time as shall have been previously appointed by joint resolution of the two houses ; and at all such joint meetings, the speaker of the h^use of representatives shall preside. Elections of justices of the supreme court and Election by joint judges of inferior courts shall be made by joint ballot of both^je.^^ *"''* 122 ELECTIONS. [dIV. 2. houses, in the hall of the house of representatives, the speaker of Majority vote re- which shall appoint a member of each house to act as tellers. No quired. persou shall be declared duly elected by the General Assembly, or either branch thereof, until he shall have received a majority of all the votes given, blank votes included. Psnaity for het- Sec. 52. If any person shall, at any time hereafter, bet or ting on election, -wager any money, property or other valuable thing, upon the result of any election which may be held under the constitution or laws of this State, or shall bet or wager money, property or other valuable thing, upon the number of votes which may be given to any one or more persons, at any election held as afoi-esaid, or upon who will receive the greatest number of votes at any such election ; or if any person shall agree to pay to any other person, any money, property or other valuable thing, in the event that any election as aforesaid shall result in one way, or in the event that any one or more persons shall or shall not be elected, or shall receive a greater number of votes than others, such person shall be liable to mdict- ment, and, upon conviction thereof, shall be fined in any sum not exceeding one thousand dollars. Offence complete Sec. 53. It shall not be necessary to the commission of the ^*""T^7'^ser is offence specified in the foregoing section, that the money, property or valuable thing, bet or wagered, shall be exhibited or staked at the time of making such bet or wager, or at any other time. Appkoved: March 3, 1845. An Act to provided for the mode of voting by ballot, and for the manner of returning, canvassing and certifying votes. Section 1. Be it enacted hy the people of the state of Illinois represented in the General Assembly, That there shall be elected Presidential eiec- ^^ general ticket on the Tuesday next after the first Monday in November, preceding the expiration of the term of office of each president of the United States, as many electors of president and * vice president of the United States as this state may be entitled to elect ; which election shall be conducted and returns thereof made Proviso. ^s hereinafter provided: Provided, that if congress should hereafter fix a different day for such election, then the election for electors shall be held on such day as shall be named by act of congress. Time of election § 2. All general elections for the election of governor, lieuten- ant governor, secretary of state, auditor of public accounts, state treasurer, representatives to congress, senators and representatives to the general assembly and county officers, shall be held on the Tuesday next after the first Monday of November biennially, ex- cept for such offices as are directed to be chosen at other times than biennially ; which elections shall be conducted as is directed by this act and the act to which this is an amendment. § 3. That an election shall be held in this state on the first of state officers. Election for judges of ^ Monday of June, eighteen hundred and fifty-two, and every ninth •upreme court, y^^, ti^ereafter, for one judge of the supreme court from the first DIV. 2.] ELECTIONS. 12-3 grand division ; oij the first Monday of June, eighteen hundred and fiftj-five, and every ninth year thereafter, for one judge of the supreme court from the third grand division ; and on the first Mon- day of June, eighteen hundred and fifty-eight, and every ninth year thereafter, for one judge of the supreme court from the second grand division; and the present judges of the supreme court shall respectively hold their offices till the time fixed by this section for an election of a judge from the division for which such judge may have been elected. § 4. That on the first Monday of June, one thousand eight For judges of cir- hundred and fifty -five, and every sixth year thereafter, an election '^^^ '^''"''• shall be held in each judicial circuit for the election of a judge tor such circuit : Provided, that whenever an additional judicial proriso circuit shall be created, the first election of a judge for such circuit shall be held at such time as the law creating such circuit shall direct, but whose term of offi-ce shall expire at the time fixed for the next regular election of judges for the judicial circuits of this state. § 5. That in case of any vacancy in the office of judge of the vacancies pron- supreme or circuit courts of this state within one year of the time 'i>-'^ for. fixed by this act for an election of such judge, it shall be the duty of the governor to appoint a judge to fill such vacancy, who shall hold his office till the time fixed by this act for the election of^ judges for such court; but if any vacancy shall occur more than one year previous to the time fixed by this act for the election of such judge, it shall be the duty of the governor to issue writs of election to the several counties that may be entitled by law to vote for such judg?, fixing the time for the holding of said election, and req^uiring said sheriffs to give twenty days' notice of the time and place of holding said elections ; which elections shall be con- ducted in the same manner as if the election of such judge had taken place at the regular time fixed by law. § 6. In case the right of any person claiming to be elected a proceedings in jud^i of the suprems or circuit court shall be contested, the con- •^?"'«''e^ «i«<^- test shall be conducted and the evidence taken in the same manner now provided by law for contesting the election of members of the general assembly, and the evidence, when taken, if it relate to the election of a judge of the supreme court, it shall be transmitted to the speaker of the senate, and if it relate to a judge of the circuit court it shall be transmitted to the clerk of the supreme court of the grand division in which a sitting of the supreme court is first directed to be held after such contest shall have commenced. § 7. In case of a vacancy in the office of clerk of the circuit vacancies, how court, it shall be the duty of the judge of said court to appoint a^"*^*^- clerk, who shall hold his office until the next regular election for cou'ity officers, or members of the general assembly, whichever may first happen, at which election such vacancy shall be filled ; and in case of a vacancy in the office of clerk in the supreme court in either of the grand divisions, the judges of the supreme 124 ELECTIONS. [div. 2. Returns, h*W Qualifications of vt.ters. Provisp. •court shall appoint a clerk, who shall hold his ofifice until the time .fixed by the constitution for the election of such clerk ; and in case of a vacancy in the office of state's attorney, the governor shall appoint a state's attorney to fill such vacancy, who shall hold his office until the time fixed by the constitution for the election of state's attorneys ; and in case of a vacancy in either of the offices of auditor, treasurer or secretary of state, the governor shall fill any such vacancy until the time fixed by the constitution for an election to fill such vacancy. § 8. The election of state's attorneys and clerks of the supreme court may be contested in the same maimer as is provided for con- testing the rights of judges of the circuit courts ; and the election of clerks of the circuit courts may be contested in the manner provided for contesting the election of county officers : Provided, any person whose election is proposed to be contested shall be re- leased from cost of such contested election by refusing -to receive a certificate of the clerk of the county court of his election. § 9. lieturns of the election of judges of the supreme court and circuit courts, secretary of state, auditor, treasurer, state's attorneys and clerks of the supreme court shall be made and can- vassed as is now provided by law for representatives in congress. Returns for clerks of the circuit court shall be made and canvassed as is now provided for other county officers. § 10. At any and all elections held in this state, every white male citizen above the age of twenty-one years, having resided in this state one year next preceding any election, and every white male inhabitant of the age aforesaid, who was a resident of this state on the first day of April, in the year of our Lord one thou- sand eight hundred and forty-eight, shall be entitled to vole at any election ; but no person shall be entitled to vote except in the pre- cinct, place, or township where a poll shall be held, in which he shall actually reside at the time of such election : Provided, that when any such person shall offer his vote and either of the judges of the election shall suspect that such person is not a qualified voter, or if his vote shall be challenged by any elector, the judge of the election shall tender to such person the following oath or affirmation : Blank forms to 1*0 provided. " You do solemnly swear (or affirm, as the case may be,) that you are a resident of this precinct, place, or township, that you are a citizen of this state, and have resided herein one year preceding this election, or that you was an inhabitant of this state on the first day of April, in the year of our Lord one thousand eight hundred and forty-eight, that you are above the age of twenty-one years, and that you have not voted at this election, so help you God." Every vote offered by any person who shall refuse to take the foregoing oath shall be rejected. § 11. Tliat the county court, or the board doing county busi- ness in each of the sevei-al counties in this state, at their first meet- ing in each and eveiy year, shall cause a suitable number of blank Civ. 2.1 ELECTIONS. 125 forms of poll-books and election returns to be made out, (headed and certified as the nature of the case may be,) for each board of elections, in each precinct, township or place ; which they shall cause to be delivered into the hands of the sheriffs respectively of said counties, whose duty it shall be to deliver them to the judges, or boards of election, at least ten days previous to the election then to be held. § 12. Each qualified voter may vote once and no more; and Restrictions, if any person shall attempt to vote more than once, or to hand in two or more tickets folded together, every person so offending shall be liable to indictment, and on conviction shall be fined in any sum not exceeding fifty dollars. § 13. Every ticket handed in shall contain the name of every Form of vot««. candidate such voter intends voting for, either in writing or print, designating the office to which he wishes each to be elected ; and if more persons are designated for any office than there are candi- dates to be elected, such part of the ticket shall not be counted for either of them, but no vote shall be rejected for the want of form, if the judges or board of election can determme therefrom, to their satisfaction, the person voted for, and the ofiice which the voter intended such person should fill. § 14. That the county court or board doing business, shall pro- Ballot boxes. \'ide a sufficient number of ballot-boxes at the expense of the county, for the several boards or judges of election, to be kept by one of the judges or board, and to be delivered over to the success- ors of such judges or board, each of which said ballot-boxes shall iiow kept. be furnished with a sufficient lock and key, and before any ballot shall have been deposited therein the same shall be publicly opened and exhibited, to the end that the judges and clerks assisting at every election may see that no ballot is in said box; after which, the same shall be locked and the key delivered over to one of the judges or board of election, and shall not be opened during the said election, except in the manner and for the purpose herein pro- vided. An opening shall be made in the top or lid of each of such ballot-boxes, not larger than shall be sufficient to admit of a single closed ballot to be inserted thereiu at one time, tlirough wliich each ballot received shall be insei*ted. § 15. The method of voting shall be by ballot, which ballot Method of voting, shall be folded by the voter and delivered to one of the judges or board of election, who shall, without unfolding or opening the same in any manner, deposit the said ballot in said ballot-box : Provided, Proviso, that no ballot shall be received or counted unless the same is writ- ten or printed upon white paper, without any marks or figures thereon, intended to distinguish one ballot from another. § 16. Each clerk of the election shall keep a poll-list, which Duty of eieria shall contain one column headed "names of voters." The name of '"^ ''" each elector voting shall be entered by each clerk in regular suc- cession under the said heading in his poll-list. At each adjourn- ment of the polls, and upon the final closing of the same, the clerks shall, in the presence of the judges or board of election, compare ., < , 126 ELECTIONS. [dIV. 2. their respective poll-lists, and correct all mistakes that may be dis- covered according to the decisions of the judges or board of elec- tion, until such poll-lists shall be made to correspond in all re- spects ; the ballot-box shall then be opened and the said poll-lists placed therein ; the box shall then again be locked, and the seal of one or more of the judges shall be so placed thereon as entirely to cover the opening in the lid or top of said box; the key of said box shall then be delivered to one of the judges or board of election, and the box to another ; the judge having the key shall keep the same in his possession, and deliver it again to the board at the next opening of the poll ; the judge having the box shall carefully keep it, without opening it or permitting it to be opened, or the seal thereof to be broken or removed, and shall publicly deUver it in that condition to the board at the next opening of the polls. Totes iiow can- § 17. As soon as the polls at any election shall have finally vasscd. closed, the judges, or board and clerks, may adjourn the counting and canvassing of the votes to some convenient hour of the next ensuing day, at which time they shall proceed to canvass the votes polled, by first counting the whole number of ballots in the box ; if the ballots shall be found to exceed the number of names en- tered on each of the poll-lists, they shall be replaced in the box, and one of the judges shall publicly draw out and destroy so many ballots unopened as shall be equal to such excess, and the ballots or poll-hsts agi-eeing, or being made to agree, the board shall pro- ceed to count and estimate and publish the votes. Fraudulent Totes § 18. As the judges or board of election shall open and read ai.^po=,e o ., ^1^^ tickets, each clerk shall carefully mark down the votes each candidate shall receive, in separate columns prepared for that pur- pose, with the name of such candidate at the head of such column, and the office or place it is designed by the voters such candidate shall fill ; but if on such canvassing two tickets shall be found de- ceitfully folded together, they shall both be rejected as if the same had never been deposited in the ballot-box. Certificates. § i^j. As soon as all the votes shall have been read off and counted, the judges or board of election shall make out a certifi- cate, under their hands, stating the number of votes each candidate received, designating the office for which such person received such vote or votes, as is prescribed and directed by the twenty- third section of the thirty-seventh chapter of the Revised Statutes, entitled " elections ;" and the said certificate, together with one of the lists of voters, and one of the tally papers, shall be put into the hands of one of the judges or board of election, who shall, within four days thereafter, deliver the same to the clerk of the county court, or his deputy, at the county seat or place of holding county coui-ts ; and when received, such clerk or deputy shall proceed to open, canvass and publish the return from each precinct, township or place, as is now provided by law. Pmaity fbr § 20. If any judges or the judges of any election shall refuse >>€usal. . DIV. 2.] ELECTIONS. 127 to receive the vote of any qualified elector who shall take or offer to take the oath prescribed by this act, in such case every judge so refusing or neglecting to receive the vote or ballot, or opening or unfolding such ballot, when the same shall be presented, shall be liable to be indicted, and, on conviction, shall be fined five hundred doUars, and imprisonment not exceeding thirty days ; and lor every refusal or neglect to receive such vote, the party aggrieved may have an action on the case against the said judge or judges; the damages in such case shall not exceed the sum of five hundred dollars. § 21. Section one, six, fifteen, sixteen, eighteen, twenty-four Sections r<;[i«ai- and thirty-nine of chapter thirty-seven, of the Revised Statutes, entitled "elections," approved March third, 1845, shall be and the sasne is hereby repealed ; and such sections of said acts as ai"e not herein repealed, shall remain in full force and effect. This act shall take effect and be in force from and after its passage. Approved February 12, 1849. An Act to provide for the Filling of Vacancies in certain County Office?. (77.) Sec. I. Be it enacted hy the People of the State of Illinois, vacancies filled. represented in the General Assembly, That whenever a vacancy shall happen in the office of sheriff, county surveyor or coroner of any county of this State, by death, resignation or removal of any in- cumbent, it shall be the duty of the clerk of the county court of such county immediately to notify the governor of that fact, and it shall be the duty of the governor to issue a writ of election to fill such vacancy, and direct the time of holding the same; which election shall be proceeded in as in other cases of election. (78.) Sec. II. This act shall be in force from and after its passage. Approved Nov. 6, 1849. An Act to confirm Elections of County Officers. (79.) Sec. I. Be it enacted hy the People of the State of Illi- nois, represented in the General Assembly, That all elections here- Elections legal, tofore ordered by the governor, to provide for filUng vacancies in the office of sheriff and county officers, are hereby confinned, and the elections of all such officers shall be valid. (80.) Sec. II. This act to take efiect from and after its passage. Approved Nov. 6, 1849. An Act to prevent illesral votincr at Elections. In force 'Febnia- ° ry 21, 1861. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assemhly, That to constitute residence, what shall oon- under the election laws of this State, a person shall have resided '*""'^ resiaenc* in the election precinct or district for the term of sixty days; and no person shall be entitled to vote at any election under the laws 128 ELECTIONS. [div. 2, of this State, excepting under charters for cities or incorporated towns, unless he shall have actually and in good faith resided in the election precinct or district in which he offers his vote, for sixty days immediately preceding such election ; any law of this State to the contrary notwithstanding. Penalty. § 2. Any person violating the provisions of this act shall he subject to all the fines, penalties and punishments that are now provided by law for illegal voting. 8 3. This act to take effect and be in force from and after its passage. Approved February 21, 1861. In force Febrna- An Act to provide for ascertaining the qualification of Voters and to ry 22, 1861. prevent fraudulent Voting. Whereas, The right of suffrage is the highest privilege of the citizen, and should be guarded with proper vigilance against in- trusion and fraud ; for the purpose, therefore, of ascertaining the persons who may be. entitled to vote at the several elections held under the laws of this State, and to prevent illegal voting thereat, Section 1. JSe it enacted hy ilie People of tlie State of Illinois, represented in the General Assemhly^ That to constitute residence, under the constitution and election laws of this State, a permanent abode is necessary, and all elections, general or special, held in any town, city, district or ward, every person offering to vote, who is not personally known to the judges and inspectors of election to have such a permanent abode and to have resided in such election district for the space of sixty days, immediately preceding such election, shall, if his vote be challenged, take the oath now required by law, and in addition thereto swear or affirm to his place of resi- dence, specifying the particular place and house in which he re- sides, and stating how long he has there resided, and his business or employment ; and if he has not resided in such house for sixty days immediately preceding such election he shall state where and in what house he has resided for the last sixty days ; and in addi- tion thereto, such voter, so challenged, shall be required to produce two witnesses, both of whom are personally known to said judges of said election and resident in the precinct, district or ward, or shall be proved by some legal voter or voters of the precinct or district in which such vote is offered to be voted therein, who shall be known to said judges, and each of whom shall take the following oath, to be administered by one of the judges of said election : " I do solemnly swear, (or affirm, as the case may be,) that I am a resi- dent of this election district and entitled to vote at this election, and that I have been a resident of this election district for one year last past, and that I am well acquainted with the voter whose vote is now offered ; that he is an actual and 6ona_^rfe resident of this election district, and that he has resided in this State for one year last past." § 2. If any judge of any election shall permit any voter to vote whose vote is so challenged, without the proof required in the Reaidence de- fined. Person chal- lenged to take oath. What the oath shall be. Shall prodnoe two witnesses. Form of oath. Duty of judges or election. DIY. 2.] ELECTIONS. 229 first section of this act, or shall knowingly and willfully permit any person to testify as a witness, contrary to the provisions of this act, he shall be deemed guilty of high misdemeanor, and, on conviction thereof, shall be fined in the sum of one thousand dollars and im- prisoned in the county jail for six months. § 3. If any witness or voter, whose vote is so challenged, and Punishment for sworn under the provisions of this act, shall, knowingly, willfully P'^^'Jury. and corruptly swear falsely, he shall be deemed guilty of perjury, and, on conviction thereof, imprisoned in the penitentiary for any time not less than three nor more than twenty-one years. § 4, If any person shall vote more than once at any election uiegai roting. held under the authority of the laws of this State, or shall vote at any such election, who is not a qualified voter at the place where he so votes, or shall offer to vote, after having once voted at such election, he shall, on conviction thereof, be confined in the peniten- Punishment for. tiary for any term not less than one or more than five years. § 5. At all elections, general or special, in this State, where indorsement of the vote is by ballot, if the judges of elections are satisfied, under back^ofTsjiot*!* the provisions of this act and the other laws of this State relating to elections, that the person offering the vote is a legal voter he shall indorse on the back of the ticket offered the number corres- ponding with the number of the voter on the poll book, and put said ticket immediately in the ballot box, and the clerks of the election shall enter the name of the voter and his number in the poll book. § 6. At the close of the polls the poll books shall be signed by closing of the the judges and attested by the clerks ; the names therein contained p.°" ^P°^^ '<> *>« shall then be counted, and the number set down at the foot of the poll books. • § 7. All the ballots counted by the judges of election shall, Preservation of after being read, be strung upon a strong tliread or twine, in the ''*"°'^- order in which they have been read, and shall then be carefully enveloped and sealed up by the judges, who shall direct the same to the officer or officers to whom by law they are required to return the poll books, and shall be delivered, together with said poll books, to said officer or officers, who shall carefully preserve said ballots for six months, and at the expiration of that time shall destroy -^ft" six menths, them. And in all cases of contested election the parties contesting Sroyed. ^ the same shall have the right to have the said package of ballots opened, and said ballots referred to by witnesses for the purpose of in case of con- such contest. But said ballots shall only be so examined and re- ^^^ elections, ferred to in the presence of the officer having the custody thereof. § 8. The provisions of this act shall apply to all general and Act to apply t# special elections, hereafter held in this state, whether for general, clai'eiection/'*^ town, municipal or other officers ; and no person shall be consid- ered, under any circumstances, as having a residence in any ward or election district or precinct, unless he shall have had a perma- nent abode therein for at least thirty days immediately preceding such election. § 9. No liquor or other intoxicating drinka shall be gold or 9 130 ELECTIONS. r^^^- 2. Sale of uquors on given away, at retail, nor shall any bar-room or place where liquor election day pro- ^^ intoxicating drinks are sold at retail be open upon such election ^^^'^" day ; and it shall be the duty of the sheriff, constables, public offi- cers and magistrates to see that the provisions of this section are ^ ,^ . enforced ; and any violation of its provisions shall be prosecuted and punished m the same manner and to the same extent as the keeping of tippling houses open upon Sunday or the first day of the week is now punished by law. § 6. This act shall take effect and in force from and aflw its passage. Approved February 22, 1861. PIV. 3.] INCLOSURES AND FENCES. 131 DIVISION III. INCLOSUKES AND FENCES.' [From Chapter 51 of the lie vised Statutes.] Section 1. Those who are or shall be proprietors or owners Common fieWs, of land, in any field that is now occupied, used and declared, or "^uke'^ruUs and that shall hereafter be occupied, used or declared to be a common regulations tou- field, may meet together, by themselves or agents, annually, on the'^"'""''' first Monday in March, or such other days as they shall appoint, at some convenient place by them appointed, for the purpose of making such rules and regulations as to them shall seem meet for the well ordei'ing of the affairs of such field, with respect to fencing and cultivation, and all other things necessary for the well managing the same, for the common interest of such proprietors ; in which meeting the proprietors of such field, shall have full power by their major vote, to be computed by interest, to order all such affairs and make such regulations as they shall deem proper and expedient for the purpose aforesaid: provided, always, that any perton who is a proprietor in any common field, may, at any time hereafter, sep- arate his, her or their land, from such common field, by fencing the same, subject only to making and keeping in repair fences in like manner as persons having inclosures adjoining to the common fields, as by this law directed. Sec. 2. The better to enable them to carry on and manage May elect officers, the affairs of such field, they are hereby authorized and empowered to elect a chairman, clerk and treasurer, who shall be sworn to the faithful discharge of their duties, respectively ; and the clerk shall enter and record all the acts, votes and resolutions of the said pro- Their duties. prietors, relating to the 'management of the said common fields ; and shall continue in his office until another shall be chosen and qualified to serve in his room ; and that the election of chairman, clerk and treasurer, shall be annually or otherwise, as shall be determined by the said proprietors or a majority of them, in their lawful meetings assembled. Sec. 3. For the better management of their common fields, Shaii also chcow they shall choose a committee of three persons, which shall be th^'"^'' °^ styled "the field committee," who shall be sworn to a faithful dis- charge of their duties; the said committee may call a meeting of Their duties, the proprietors of such field when they shall judge it needful, by giving warning to such of them as live in the town or village, ver- (1) The law relative to inclosures and fences has been materially amended, and it is thouRht much improved by the act approYed February 18th, 1857, wliich is included in Uiis compila- tion, and by which as much of this chapter as is inconsistent with the provisions of snid act, 18 repealed. Sections 11, 12, and 1.3, would seem to be that portion of this chapter atfected by . the provisions of the amendatory act. 132 INCLOSURES AND FENCES. [DIV. 3. bally, where such fields lie, and to the agents, if any, of non-resi- dent proprietors, ten days previous to the time of such meeting, or by warning such proprietors in such other manner as they shall, in their lawful meetings, agree upon. Proprietors may Sec. 4. The proprietors of common fields are hereby author- thMiiseiTe.°to de- ^^^ed and empowered, at their lawful meetings, to gi-ant and levy ira,y expenses, taxes on themsclves, when they shall judge it needful, according to their several interests in such fields, for defraying the charges that may arise in setting out and designating the proportion of, or alter- ing the fence of such fields, in making gates and bridges, or for any other public or common charge, relating to such fields ; and to appoint assessors and collectors for the making, apportioning and collecting such taxes ; which collectors shall have the same power and authority, in eveiy respect, as the collectors of county taxes ; which taxes, when collected, shall be paid into the hands of the treasurer, and shall be appropriated by a majority of the proprie- tors for the common benefit. Committee to Sec. 5. The field committee shall point out and designate the tion oi°fencreach place where, and the proportion which each proprietor shall erect nhaii erect. of g^jj^ common fence, and every proprietor in such common field shall duly erect and maintain his, her or their proportion in such common fence, according to the directions of such committee: •provided, such committee shall attend all orders and comply with all regulations of the major part of the proprietors of such common field, for the improvement thereof for the common benefit, under the penalties of such fines and forfeitures as shall be lawfully annexed to the breach or neglect of such orders or regulations. Proprietors to Sec. 6. Any person or persons having his, her or their part or have liberty to proportion of commou fence designated by the said field committee, other's land to shall liave liberty, in order to make or repair the same, of passing make fence. ^ygj. ^^^ person's lot or land whatsoever, whenever it shall be necessary for the purpose aforesaid ; and when it shall so happen that the line of fence ordered as aforesaid, for the inclosing or securing any common field, shall run in upon or intersect the fence of any person making a particular inclosure adjoining the common field, the one-half of the division fence between such par- ticular inclosure and the common field as aforesaid, shall be made and maintained by the proprietors of such common field, and the Duty of each to Other half by the owner of such particular inclosure ; and if any tiwiof^fen'ce!^°'^ pcrson or persons, whose land shall adjoin any such common field, shall neglect to keep in repair, and maintain his, her or their part of such fence, after being requested thereto by the field committee, in writing under their hands for the space of ten days, it shall be lawful for the said committee to repair the said fence at the proper charges of the delinquent ; which expense, after being estimated by two reputable freeholders of the town or village wherein such fields are situated, may be recovered by action of debt, before any court having competent jurisdiction, together with costs. Notice to he giT- Sec. 7. It any person or persons, whose lands shall adjoin ^of^removaiof guch common field, shall lay open the same, without giving two Dir. 3.J INCLOSURES AND FENCES. 133 months* notice thereof in writing, lodged with the clerk of such common field, such person or persons shall be liable to pay all damages that may accrue to the proprietors, or to any of them, of such common fields, to be recovered in any action of damages, before any court having competent jurisdiction. Sec. 8. All accounts for any services rendered any person Accounts for scr- acting under the appointment of, or by the direction of tlie major la^d plid"^" part of the proprietors of common fields, shall be paid out of the common treasury of such propi'ietors, after being audited by the field committee, except the accounts of such field committee, which last mentioned accounts shall be audited by a special committee ; and all orders on the treasurer shall be signed by the chairman, and attested by tlie clerk; and the collectors shall, for all or any moneys by them paid to the treasurer, demand duplicate receipts, one of which shall be held by the said collectors, and the other lodged with the clerk ; the treasurer shall also demand duplicate receipts for all moneys paid by him, on orders on the treasury, one of which receipts shall be holden by the treasurer, and the other lodged with the clerk. Skc. 9. The proprietors of common fields shall have power, power to order by their major votes, in lawful meetings assembled, to order all*'^''^' such fines and forfeitures, on either, or any of themselves, as to them shall seem reasonable, for carrying into effect any of their rules and regulations, for the common benefit of the said proprie- tors : provided, nevertheless, that the penalty does not exceed the Proviso not to sum of five dollars, and that the person or persons thinking himself j'^rs!'^ ^^ or themselves to be unreasonably or oppressedly fined, shall have the right to appeal from the judgment of said proprietors to the next circuit court holden for said county: provided, that notice Appeal allowed of such appeal shall be given within ten days after the judgment ^'^°'^ ^'^*'''- be given by the said proprietors. Sec. 10. The said common field shall be inclosed with a good Field to be in- and sufficient fence, according to law, on or before the first day of Ji^J^^^"^ ''^ sood May in each and every year, or such other day as the said pro- prietors may appoint; and no cattle, horses or other animals, shall Rule concerning be suffered to be put into such fields, for the purpose of depastur- a^'X''^ °"'*'^ ing therein, between the first day of May and the fifteenth day of November, in each and every year, or on such other day and time as the proprietors may agree upon, under the penalty of paying such fines as shall be ordered by the said proprietors, in lawful meeting assembled. Sec. 11. For the better ascertaining and regulating of parti- Partition fences tion fences, it is hereby directed, that when any neighbors shall anachiTrgeboin*. improve lands adjacent to each other, or when any person shall inclose any land adjoining to another's land already fenced, so that any part of the first person's fence becomes the partition fence between them, in both these cjises the charge of such division fence, (so far as inclosed on both sides,) shall be equally borne and main- tained by both parties; to which, and other ends in this cli;ipter Fence viewers to •', , ^ . . , , • .1 Aiew fences. mentioned, the county commissioners, yearly, and every year m tue 134 TNCLOSURES AND FENCES. [dIV. 3. terra next after the month of January, shall nominate, and are hereby required to nominate and appoint three honest, able men, for each township, who being duly sworn to the faithful discharge . * of the duties of their appointment, shall proceed, at the request of any person or persons feeling him or themselves aggrieved, to view all such fence and fences, about which any difference may happen or arise ; and the aforesaid persons, or any two of them, in each township respectively, shall be the sole judges of the charge to be borne by the delinquent, or by both or either party, and of the sufficiency of all fences, whether partition fences or others.' Fence viewers to Sec. 12. When they shall judge any fence to be insufficient, give notice of iu- ji^gy shall give notice thereof to the owners or possessors, and if fence!'^"''^ ° any one of the owners or possessors, upon the request of the other, and due notice given by the said viewers, shall refuse or neglect to make or repair the said fence or fences, or to pay the moiety of the charges of any fence before made, being the division or com- mon fence, within twenty days after notice given, then, upon proof thereof before two justices of the peace of the respective county, it shall be l.awful for the said justices to order the person aggrieved Order to make or and Suffering thereby, to make or repair the said fence or fences, '^'■P""'- who shall be reimbursed his costs and charges from the per- son so refusing or neglecting to make or repair the partition fence or fences aforesaid, or to order the delinquent to pay the moiety of the charge of the fence before made, being a division or common fence, as the case may be. Oranr to make or Sec. 13. If the dehnqucnt shall neglect or refuse to pay the repair, how en- party injured the moiety of the charge of any fence before made, or to reimburse the costs and charges of making or repairing the said fence or fences, under the order aforesaid, then the same shall be levied upon the delinquent's goods and chattels, under warrant from a justice of the peace, by distress and sale thereof, the over- plus, if any, to be returned to the said delinquent. Owner may en- Sec. 14. But nothing herein contained shall be intended to close land with prevent or debar any person or persons from inclosing his or their wise. grounds, in any manner they please, with sufficient walls or fences of timber, other than those heretofore mentioned, or by dikes, hedges and ditches, all such walls and fences to be in height at Height of walls least five feet from the ground ; and all dikes to be at least three w e ges. ^^^^ .^ height from the bottom of the ditch, and planted and set with thorn and other quickset, so that such inclosures shall fully answer and secure the several purposes meant to be answered and Proviso. secured by this law : provided, that such walls or fences of tim- ber, other than those heretofore mentioned, and dikes, hedges and ditches, shall be subject to all provisions, inspections and restric- tions, to which by this chapter, any other inclosure or fence is made liable, according to the true intent and meaning hereof. Damages where Sec. 15. If any horse, mare, gelding, colt, mule Or ass, shecp, toroul^^'auffi- lamb, goat, kid, bull, cow, heifer, steer or calf, or any hog, shoat «ient fence. ■ ■ (1) Fence vieweis aie now elected by the people. See ante, p 24, sco. i. DIV. 3.] INCLOSURES AND FENCES. 135 or pig, shall break into any person's inclosure, the fence being good and sufficient, the owner of such animal or animals, shall be liable in an action of trespass, to make good all damages to the owner or occupier of the inclosure, for the first oflfence single damages only, and ever afterwards double the damages sustained. Sec. 16. The condition of the fence at the time the trespass Condition of was committed, may be proven upon trial, and on complaint madCp'royen'o^^riai; by the party injured before any justice of the peace of the county mannor of pi-o- wherein such trespass shall be made, such justice is hereby author- °^' ized and required to issue a summons without delay, to three respectable householders of the neighborhood, noways related to either of the parties, nor interested concerning the trespass, reciting the complaint and requiring them to view the fence where the tres- pass is complained of, and their testimony in such case, shall be good evidence touching the sufficiency of the fence. Sec. 17. If any person injured for want of such sufficient Damages where fence, shall hurt, wound, kill, lame or destroy, or shall cause to be fuu^wounded or hurt, wounded, killed, lamed or destroyed, by shooting, hunting '"^^ed. with dogs or otherwise, any of the aforesaid animals, he or she so offisnding, shall satisfy or pay the owner of the same, the damages with costs, recoverable as aforesaid : provided, that if the party liable to damages as aforesaid, in either case, will abide and pay what may be deemed reasonable by three neighbors, indifferently chosen to assess the same, it shall be a bar against such suit. Sec. 18. All animals trespassing, the owners of the same (if Animals trespass- known) shall be notified thereof, and if they shall refuse to secure edf"*^ esecur- the said animals and prevent their trespassing, the persons on whom the trespass was committed, shall be authorized to secure the same, supplying the aforesaid animals with provender and water, for which they shall receive a compensation from said owner : provi- Pi^o^^so- ded, That if said animals shall receive any abuse or damage from said persons, they shall be barred from any compensation for the aforesaid services. Sec. 19. When any person or persons may, by mistake, erect Fences erected by and make a fence or inclosure on the land of another person, then, of another, n»r and in that case, when the line or lines are legally run by the **« removed. proper authority, and the fence and inclosures are known to be on the land of such other person, the person or persons making such fence or fences as aforesaid, through mistake, shall be empowered and authorized by this chapter to enter into the said land of another, doing as little damage as possible, and take away the rails, posts, wood and stones of which said fence or fences are made and erected, within one year from the time said line or lines may be legally run. Sec. 20. The owner or owners of any land whereon a fence Fence not to b« or fences may have been made by mistake, shall not throw down, ^f*^ ^°^ °°* nor in any manner disturb the said fence or fences for one year from the time such mistake is found out. Sec. 21. When either the owner of the rails, "or the owner of Notice to partUa the land is desirous of having the line or lines run, dividing such Burveylines. 136 INCLOSURES AND FENCES. [dIV. 3. land, then, in that case, the person wishing such survey, shall give the other person notice in writing, ten days before such survey is made, of the time and place of making such survey. Approved March 3, 1845. An Act to amend chapter fifty-one of the Revised Statutes, entitled " Inclos- • ures and Fences." In force April 20 SECTION 1. Be it enacted hy the people of the State of Illinois^ ^^^- represented in the General Assembly, That where two or more persons shall have lands adjoining, each of them shall make and Line fences how i^aintain a just proportion of the division fence between them, maintained! except the owncr or owners of either of the adjoining lands shal^ choose to let such land lie open.^ When land lies § 2. When any person shall have chosen to let his land lie wMdfl^ioseT open, if he shall afterward inclose the same, or if any owner of land adjoining upon the inclosure of another, he shall inclose the same upon the inclosure of another, he shall refund to the owner of the adjoining lands a just proportion of the value at that time of any division fence that shall have been made by suck adjoining owner, or he shall immediately build his proportion of such divi- sion fence. Value of fence, § 3. The valuc of such fcnce and the proportion thereof to be how determmed. p^j^j y^y such person, and the proportion of the division fence to be made and maintained by him, in case of his enclosing his land, shall be determined by any two fence viewers of the town, in counties where township organization shall have been adopted, and in other counties by any two fence viewers of the county.^ Disputes how set- § 4. If disputes arise between the owners of adjoining lands concerning the proportion of fence to be made or maintained by (1) It is held that any person occupying land, and interested in the making and maintain- ing a division fence, be his estate or interest in the premises what it may, is entitled to avail himself of the provisions of the statute in reference to division fences ; the remedy is not limited to the owner of the fee. — Bronk t. Becker, 17 Wend., 320. (2) Adjoining owners should always endeavor, if possible, to mutually agree as to the pro- portion that each shall maintain of the division fence between their adjoining lands ; the ■ agreement should be reduced to writing ; each party taking a copy. The following is sug- gested as a convenient form for such agreement : Form of Agreement to divide and maintain a division fence between adjoining ovmers. This agreement made thia — day of , A. D. one thousand eight hun- dred and , between A. B, of the town of Waukegan, in the county of Lake, and the state of Illinois, of the one part, and C. D, of the same town, of the other part, witnesseth, that whereas the said A. B. has hereto- fore erected a fence on the division line between his lands and the lands of the said C. D., which said fence commences at (describe the location of the fence.) And whereas, after the erection of said fence the said C. D. inclosed a field on the east side of said division line, so that sizti/ rods of said fence, commencing at the, &c., (describe the location of said portion of fence,) has become and now is a partition fence between the fields of the said A. B. and C. D. ; and whereas, the said C. D. has paid to the said A. B. dollars, being in full for one-half of the value of said .nxti/ rods of fence, it is there- fore agreed between the parties hereto that the thirti/ rods of fence on the DIV. 3.] INCLOSURES AND FENCES. Vol either of them, such disputes shall be settled by any two of the fence viewers of the town, in counties where township organization shall have been adopted, and in other counties by any tw o fence viewers of the county ; and in such cases it shall be the duty of the two fence viewers to distinctly mark and define the proportion of the fence to be made or maintained by each. § 5. When any of the above mentioned matters shall be sub- Viewers, ho\y mitted to fence viewers, each party shall choose one, and if either ^"p^^g"**'"* neglect after eight days' notice to make such choice, the other party may select both.' north part of said sixty rods shall be well and sufficiently maintained and kept in repair by the said A. B., and the remainder of said sixty rods shall be kept in like repair by the said C. D. In witness whereof, the said parties have hereunto set their hands and seals the day and year first above written. A. B., [seal.] C. D., [seal.] Where a dispute arises as to the proportion of a fence to be maintained by each party, it . may be settled by fence viewers, even where there has been an agreement on the subject. — Burgrr v Kortiuri^ht, 4 Johns., 414. The decision of the fence viewers as to the proportion of fence of each party, is not neces- sary where there is no dispute between them. — Willougkby y. Carlton, 9 Johns., 13G. ^Fortn of Notice to adjoining owners., to choose fence viewer to settle dispute. To Richard Roe, Sir: — A dispute having arisen between youand myself, being the adjoining owncTB of lands in the town of Earl, in the county of La Salle, and state of Illinois, (.onceraiug the proportion of division fence to be made, (or main- tained) l)y ctich of us upon the line of our said lands, your land in question being known as [describe the land withreawnable certainty,) and mine as (de- scribe the land.) I have Qhosan James White, one of the fence viewers of said town, and do hereby give notice to you to proceed and choose another of the fence viewers of said town, to the end that said dispute between us may be settled and decided by the said fence viewers according to law and as shall seem to them just and right, and that if you shall neglect to make such choice for eight days after receiving this notice, I shall make such choice myself, and proceed to have said matter in dispute adjusted by the fence viewers thus chosen by me, the same as if one of them had been chosen by you. Yours, &e., James E. Gammon. Dated, &c. Fcrm of Submissio7i of dispute between adjoining oioners to two fence viewers. To Peter Telton and James Grady, two of the ience viewers of the town of Scott, in the county of Ogle and state of Illinois. A dispute having arisen between the undersigned, A. Wilher and B. L. Beach, adjoining owners of lands in said town of Scott, concerning the pro- portion of division fence to be made (or maintained) by each, on the line of their respective lands, the land of the said A. Wiber being described as fol ows : (describe the land with reasonable certainty,) and that of the said B. L. Beach, h&'mg described as follows: (describe the land) — the said A. Will>er has therefore chosen you the said Peter Tilton, and the said B. L. Beach has chosen you the said James Grady, as two fence viewers of said town of Scott, to the end that you may proceed to settle and decide said matter of dispute : and the undersigned do hereby submit said matter of dispute to you the said fence viewers, and reouest that you will proceed 138 INCLOSURES AND FENCES. [DIV. 3. Examine prem- § 6. The two fence viewers so chosen shall examine the prem- ises- jges and hear the allegations of the parties. In case of their disa- Deasion to be gj.ggjj^gjjt thgy ghall select another fence viewer to act with them, and the decision of any two of them shall be final upon the parties to such dispute, and upon all parties holding under them. Decision reduced § 7. The decision of the fence viewers shall be reduced to wel"""^ ^^^ writing ; shall contain a description of the fence and of the pro- portion to be maintained by each, and their decision upon any other point in dispute between the parties, submitted to them as aforesaid ; and shall be forthwith filed in the office of the town clerk, or in the office of the circuit court in counties which shall have not adopted township organization.* according to law, and settle and decide the same as shall seem to you just and right. Dated this — day of , 18 — . A. WiLBER, B. L. Beach. ^Form of Decision of fence viewers in relation to dispute between adjoining owners. Adams County, ) Town oiLiberty, ) Whereas, we, the undersigned, two of the fence viewers of said town of Liberty having been chosen by Robert Voeth and Johti Jackson, adjoining owners of lands in said town, for the purpose of settling and deciding a dis- pute which has arisen between them concerning the propoi ton of division fence to be made (or maintained) by each of them, on the line between their said lands, the land of the said RobertVoeth being described as follows: ^cfe- scribe the land or field in question) and the land of the said Jolm Jackson being described as follows : (describe the land or field,) and the said Robert Voeth and John Jackson having on the — day of , 18 — , submitted the said matter in dispute to us, for our settlement and decision, we did, on the — day of , 18 — , proceed and examine the premises, and hear the alle- gations of the parties. The said fence we find to be a rail fence, commonly called a Virginia or worm fence, running north and south, in length, one hundred and sixty rods, and being the division fence between the lands above described, that the same was originally erected jointly by the parties and divided equally between them, the said John Jackson taking the south half thereof for his portion by agreement, and that the said John Jackson now neglects and refuses to keep his portion of the same in proper repair. We do, therefore, adjudge and determine that, (conclude with the determination of the fence viewers according to the fact.) Given under our hands this — day of , A. D. 18 — . L. P. Groter, Joseph Rhoades. Form of Decision offence viewers, where two caji not agree, and another is selected. Stephenson County, ) Town of Wadoms, P^' A dispute having arisen between A B and C D, two adjoining owners of lands in said town of Wadoms, concerning the proportion of division fence to be made (or maintained) by each of them on the line of their said lands, the land of the said A B being described as follows : (describe the land or field in question,) and the lands of said C D, being described as follows : (de- scribe the land or field,) the said parties did on the — day of , 18^, submit the said matter in dispute to the undersigned, William Shippy and Nelson Wait, two of the fence viewers of said town of Wado?ns, for their set- tlement aud decision, the said parties having chosen said fence viewers for DIV. 3.] INCLOSURES AND FENCES. 139 § 8. If any person who is liable to contribute to the erection Persons rofusiog or reparation of a division fence, shall neglect or refuse, for the other partyto period of four weeks after notice in writing so to do, to make and make. maintain his proportion of such fence, the party injured may make feeoygred'^" ^°^ or repair the same at the expense of the party so neglecting or refusing, to be recovered from him with costs of suit;' and the party so neglecting or refusing, after notice in writing, shall be liable to the party injured for all damages which shall thereby accrue, to be determhied by any two fence viewers selected as above provided, and the fence viewers shall reduce their appraise- ment of damages to writing, and sign the same.'* that purpose, the said fence viewers did, therefore, on the — day of , 18 — , proceed and examine the premises and liear the allegations of the par- ties, (here set forth a description of the fence as contained in the forego- ing form, as near as the case wiil admit, ) and the said two fence viewers, being unable to agree in the premises, did select Norman Phi/lips, another fence viewer of said town, to act with them in making such settlement and decision ; and we, the undersigned, being now fully advised in the premises, do adjudge and determine that (conc^«« • i t* er county. thirty days immediately preceding his or her becoming so charge- able, he or she shall be duly taken care of by the proper authority of the county where he or she may be found ; and it' shall be the duty of the clerk of the county commissioners' court, to send notice by mail, to the clerk of the county commissioners' court of the county in which such pauper resided, as before stated, that said person has become chargeable as a pauper, and requesting the authorities of said county to remove the said pauper forthwith, and to pay the expense accrued in taking care of him or them. Liability of such Sec. 14. If Said paupcr, by reason of sickness or disease, or proper county. ^^ neglect of the authorities of the county to which he or she belongs, or for any other sufficient cause, can not be moved, then the county taking charge of such individual or individuals may sue for and recover from the county to which said individual or indi- viduals belong, the amount expended for and in behalf of such pauper or paupers, and in taking care of the same. Term residence Sec. 15. The term "residence" mentioned in this chapter, shall be taken and considered to mean the actual residence of the party, or the place where he or she was employed, or in case he or she was in no employment, then it shall be considered and held to be the place where he made it his or her home. Penalty to convey Sec. 16. If any person shall bring and leave any pauper or pauper into coun- • \ • .-i • i^i. • i.- tyheisnotresi- paupers m any county in this state, wherein such pauper is not dent of. lawfully settled, knowing him or them to be paupers, he shall for- feit and pay the sum of one hundred dollars for every such offence, to be sued for and recovered by and to the use of such county, by action of debt, before any justice of the peace in the proper county. P'^F-houses to.be Sec. 17. The county commissioners' court in each county, is hereby authorized (whenever it shall see fit so to do) to establish a poor-house. Land may be Sec. 18. The county commissioners are hereby authorized to •cquire or. ^^^^ ^^ ^j^^ county, by grant, devise or purchase, any tract of land, not exceeding six hundred and forty acres, for the purposes of said poor-house. Donations for Sec. 19. Said county commissioners' courts are hereby em- pov/ered to receive donations to aid in the establishment of such poor-house, and are also empowered, from time to time, if it shall be^^ed ' °^^ ^^^ ^^' ^^ ^^^^ ^'^^ Collect a tax, not exceeding one-fourth of one per cent., on the taxable property of the county, and to appropri- ate the same to the purchase of land, not exceeding the aforesaid DIV. 4.] PAUPERS. 145 six hundred and forty acres, and to erect and furnish buildings suitable to a poor-house, and to put it into operation, and to defray the annual expenses of said poor-house, should the labors of the inmates be inadequate thereto. Sec. 20. Said county commissioners' courts are hereby author- Agents may be ized to employ such agents and other persons as may be necessary, employed. to establish and put into operation such poor-house. Sec. 21. Whenever any county commissioners' court shall when poor-house enter upon their records, that they have established a poor-house, "stabushed, over- and that such poor-house is ready for the reception of the poor of ce^^. "^ ^ the county, then the authority conferred upon the overseers of the poor shall cease to be in force in said county : provided^ however, if Proviso, there be any particular case or cases which the court should deem prudent to put out under the provisions of this chapter, they may do so, making a proper entry of the circumstances upon their records. Sec. 22. The title to the property authorized to be acquired Title to land, in by this chapter, for the purpose of said poor-house, shall be made ^'^^'^^y- to the county. « Sec. 23. The county commissioners' court of any county in Poor-house farm this state may, if they shall at any time deem it to the interest of "h^d! '*'"" said county, appropriate out of any fund appropi'iated to said county for any purpose, or other money belonging to said county, any sum, not exceeding two thousand five hundred dollars, for the purpose of purchasing a farm, and erecting thereon suitable build- ings for a poor-house for said county, as contemplated in sections seventeen, eighteen and nineteen of this chapter. Approved March 3, 1845. An Act to amend sections twelve and thirteen of chapter eighty of the Re- vised Statutes, entitled "Paupers." Section 1. Be it enacted hy the People of the State of Illinois, Jn tone ApTii2i, represented in [the'] General AssemUy, That section twelve of chapter eighty of the Revised Statutes, entitled " Paupers," be so Prior law amend, amended as to read as follows : any person becoming chargeable ^^- as a pauper, in this state, shall be chargeable as such pauper in the county in which he or she resided at the commencement of six Residence of pai*. months immediately preceding such person becoming so chargeable. ^^' § 2. That section thirteen of said chapter shall be so amended Non-resident as to read as follows: If any person shall become chargeable in papers to be t».; , . , , 1 1 . -1 •! 1 ken care of and any county m which he or she did not reside at the commencement expen.se charged of the six months immediately preceding his or her becoming so *° p^^p^' *''"*^*'* chargeable, he or she shall be duly taken care of, h^ the proper authority of the county where he or she may be found ; and it shall be the duty of the clerk of the county court to send notice, by mail, to the clerk of the county court in which such pauper resided, as before stated, that said person has become chargeable as a pauper, and requesting the authorities of said county to remove the said paupers forthwith and pay the expenses accrued in taking care of him or her. Approved February 22, 1861. 10 146 PAUPERS. [div. 4. An Act to amend an Act entitled "An Act to provide for Township Organiza- tion," and to extend tiie powers and duties of overseers of the poor. OTerseers of poor SECTION 1. Be it enacted hy the people of the State of Illinois, may bind out represented in the General Assembly, That in all counties that have persons! ° ^""'^ adopted, or may hereafter adopt, township organization, the over- seers of the poor in their respective towns may, with the consent of the judge of the county court, bind out apprentices or servants, the minor children of any poor person who has become chargeable to their town, as having a lawful settlement therein, or who is sup- ported there, in whole or in part, at the charge of the county ; and also all minor children who are themselves chargeable to the town as having a laAvful settlement therein, or as poor persons supported Pro-riso. by the county : provided, that no minor shall be bound under the provisions of this act unless such minor shall have become charge- able as a pauper.* '^Form of Indenture binding a poor Child by Overseer of the Poor. ' This indenture, made and entered into on the — day of , A. D. 18 — , by and between Francis Ht Porter, overseer of the poor of the town of Waukegan, in the county of Lake, for the year 18 — , of the first part, and Samuel I. Bradbury, of said town of the second part, witnesseth : Whereas, it hath been made to appear to said overseer of the poor, that Joltn Jones is the minor child of poor parents, who have become chargeable to said town as having a lawful settlement therein ; {or who are supported, &c., stating such a case as comes within the law,) therefore the said overseer of the poor, by virtue and conformity to the law, in such case made and provided, hath bound the said John Jones, who is now of the age of — years, to the said Samuel I Bradbury, as an apprentice to learn the art or trade of a printer, and as such apprentice, to dwell with and serve the said Sainuel I. Bradbury, from the date hereof, until the said John Jones shall have attained the age of twenty-one years, which will be on the — day of , 18 — . And it is hereby agreed and understood that the said John Jones shall well and faithfully serve the said Samuel I. Bradbury during the said term, and shall obey all his lawful and reasonable commands ; that he will not willingly do or suffer to be done, any harm or damage to the goods, property or interest of the said master ; that he will not, without leave, absent himself from the ser- vice of his said master, but that he shall, in all things, during the said term, demean and behave himself as a good and faithful apprentice to his said mas- ter. And the said Samuel I. Bradbury doth, on his part, hereby covenant and agree, in consideration of the undertaking and binding aforesaid, to tcach and instruct the said John Jones in the said trade of a printer, or otherwise cause him to be well and sufficiently taught and instructed in said trade ; that he ■will furnish and provide, or cause to be found, furnished and provided, unto the said John Jones, meat, drink, lodging, and suitable and proper clothing in sickness and in health, and medicine, medical attendance, and nursing in sickness, during the said term. And the said Samuel I. Bradbury further covenants and agrees that he will teach, or cause to be taught, the said Joh?i Jones to read and write, and the ground rules of arithmetic ; and at the expi- ration of said term, will pay to him, the said John Jones, the sum of — dollars, a new bible, and two complete suits of new wearing apparel suitable to his condition in life, {or such other instruction, benefit or allowance as may be agreed upon.) In witness whereof, the said parties have hereto set their hands and seals. on the day and year first above written. Francis H. Porter, [skal.] Overseer of the Poor of the town of Waukegan. Samuel I. Bradbury, [seal,] DIV. 4.] PAUPERS. 147 § 2. Such children, whether over or under the age of fourteen Term of service, years may be bound — females to the age of eighteen years, and males to the age of twenty-one years — and provision shall be made in the contract for teaching such children to read, write, and the ground rules of arithmetic, and for such other instruction, benefit and allowance, either within or at the end of their term of appren- ticeship, as the overseer may think reasonable. § 3. No minor shall be so bound by the overseer of the poor indentures de- unless by indentures of apprenticeship, executed in duplicate, by ^'"urk!''^''^'*''''^ the overseer of the poor and by the master, one copy to be retained by the master, and one copy shall be, by the overseer of the poor, deposited with the town clerk, to be kept by said town clerk for the use of the minor. § 4. All considerations of money, or other things paid or allowed Moneys or other by the master, upon any contract of service or apprenticeship, made tominors!^*^"™ in pursuance of this act, shall be paid or secured to the sole use of the minor hereby bound. § 5. The overseers of the poor shall inqOire into the treatment Dverseers to in- of all children bound by them, and of all who shall have been S.'"'"* ^"^*^ bound by their predecessors in office, and defend them from all cruelty, neglect and breach of contract on the part of their mas- ters. § 6. In case of any misconduct or neglect of the master, a Misconduct or complaint may be filed by the overseer of the poor, (or in case of neglect of maeten absence of such overseer of the poor,) the supervisor of the town in^vhicli such minor was bound by the judge of the county court, setting forth the facts and circumstances of the case ; and the said court, after having duly notified the master of such complaint, by giving said master at least ten days' notice of the time and place, that he will proceed to hear and determine the cause. § 7. After a free hearing of the parties, or of the complaint Trial of parties. alone, if the master shall neglect to appear, the court may render Judgment to b« a judgmenir or decree, that the minor be discharged from his apprenticeship or service, and for the costs of the suit against the master, and may issue execution for the same. § 8. If the complaint, shall not be maintained, and it shall where complain* appear to the satisfaction of the said court that the comi)laint was '^°?'f """**''"* J • 1 X • 11 1 1 ,1 1 ed, judftmeat made without any just or reasonable cause, the court shall render tor costs, judgment for the costs against the complainant. § 9. This act to take effect and be in force from and after its . passage. ™^ Approved March 4, 1854. An Act authorizing boards of supervisor.^; of the several counties to dispose of certain real estate therein named, and to confer upon them certain otlier powers. Section 1. £e it enacted by the people of the State of 7?^'no?'s, Board of super. represented in the General Assembly : That the board of super- ^^^^''J'^l^f^ visors of the several counties in this state, which have adopted farms. township organizations, be and they are hereby authorized and 148 PAUPERS. [div. 3. empowered to sell and dispose of the poor farms of their respective counties, at such time and on such terms as they may think proper, and upon said sale being made, and said premises being paid for Deed of, how ex- accordinff to the terms and conditions of said sale, it shall be the duty of the chairman of the board of supervisors to make, execute and deliver to the purchaser or purchasers of said farm, a good and sufficient deed therefor; in behalf of said county, which deed shall convey the interest of said county in and to said farm, to the said purchaser or purchasers thereof. Former sales le- § 2. All salcs of the poop farms belonging to the said counties gajized. q£ |.jjjg gi^ate, heretofore made by the board of supervisors, are hereby confirmed, and it shall be the duty of the chairman of said board to convey said property by deed, as is provided for in the first section of this act. Deeds on former § ^- ^^ ^^ cascs where any real estate has heretofore been sold sjiiesjhowexecu- by the board of supervisors of any county in this state, acting under township organization, or by the county commissioners of any such counties acting previous to the adoption of the township organization law, it shall be the duty of the chairman of the board of supervisors in any county where such sale or sales has been made as aforesaid, to convey the same by deed, in behalf of said county for which he may be acting, to the purchaser or purchasers of said real estate, which said deed shall convey the interest of said county in and to said real estate, to the purchaser or pur- chasers thereof. ^ § 4. This act shall take eSect and be in force from and after ^ its passage. -~' ^^ ^ Approved Feb. 15, 1855.'^ DIV. 5.] ASSESSMENT AND COLLECTION. 149 DIVISION V. REVENUE. ASSESSMENT AND COLLECTIOIT. An Act for the assessment of property, and the collection of taxes, in coun- in force Feb. 12, ties adopting the township organization law. 1853. Section 1. Be it enacted by the people of the State of Illinois, what property represented in the General Assembly, That all property, whether ^M^J®'=* '° '^^^ real or personal in this state ; all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise, of persons residing in this state, or used or controlled by persons residing in this state ; the property of corporations now existing or hereafter created, and the property of all banks, or banking companies, now existing, or hereafter created, and of all bankers and brokers, except such property as is hereinafter expressly exempted, shall be subject to taxation ; and such property, moneys, credits, invest- ments in bonds, stocks, joint stock companies, or otherwise, or the Value thereof, shall be entered on the list of taxable property, for that purpose, in the manner prescribed in this act.* DEFINITIONS. § 2. The terms " real property " and " lands," wherever used Definitions of in this act, shall be held to mean and include, not only the land p'^'^p'^''^^- itself, whether laid out in town lots or otherwise, with all things and lands. contained therein, but also all buildings, structures and improve- ments, and other fixtures, of whatsoever kind, thereon, and all rights and privileges belonging or in anywise pertaining thereto. The term "investments in bonds," wherever used in this act, shall investments la be held to mean and include all moneys invested in bonds, of what- ^°'^'^- soever kind, whether issued by incorporated or unincorporated companies, towns, cities, counties, states, or other corporations, or by the United States, held or controlled by persons residing in this state, whether for themselves, or as guardians, trustees or agents, on which the holder thereof is receiving or is entitled to receive (1) See JarlcsonviUe v. McCormell, 12 lILi.', 138. Ryanv. Gallatin Co., 14 Id., 78. Manby ft al. V. Gibson, Id., 136. Glancy v. EUiot, Id., 436. Sangamon ^ Morgan K. R. Co. v. Morgan, Id., 163. By reference to sec. 61 of this act, it will be seen that it is made the duty of the auditor of public accounts to make out and forward to the clerk of the county court of the several counties, for the use of such clerks and other officers, suitable forms and instructions for carrying this act into effect, which instructions, so given by the auditor, are to be strictly observed and complied with by the officers receiving them. The auditor is also required to give his opinion and advice on all questions of doubt, as to the true intent and meaning of this act ; hence but few suggestions have been made in connection with this act, in relation to forms, or in other respects. This prerogative has therefore been left with the auditor, to ■whom, by law, it belongs, and to whom reference should always be made whenever questionj arise, and his instructions, it seems, will be law- • 150 REVENUE. [DIV.5. Investments in interest. The term " investment in stocks," wherever used in this Btocks. ^^^^ gj^^l2 YyQ tield to mean and include all moneys invested in the public stocks of this or any other state, or of the United States, or in any association, corporation, joint stock company, or otherwise, the stock or capital of which is or may be divided into shares, which are transferable by the owner, without the consent of the other partners or stockholders, for the taxation of which no special provision is made by this act, held by persons residing in this state, . either for themselves, or as guardians, trustees or agents. The tei-m The term oath. " oath," wlierever used in tliis act, shall be held to mean oath or affirmation. Every word in tliis act importing the masculine Word of mascu- gender, may extend and be applied to females as well as males. c'afdS females. The term " personal property," wherever used in this act, shall be The temi per- held to mean and include every tangible thing being the subject of sonai property, ^^mership, whether animate or inanimate, other than money, and not forming part or any parcel of real property, as hereinbefore Capital stock. defined. The capital stock, undivided profits, and all other means, not forming part or the capital stock of every company, whether incorj)orated or unincorporated, and every share, portion or interest in such stock, profits, or means, by whatsoever name they may be designated, inclusive of every share or portion, right or interest, Ship, vessel, or , either legal or equitable, in and to every ship, vessel, or boat, of •*****• whatsoever name or description, used or designed to be used, either exclusively or partially, in navigating any of the waters within or bordering on this state, whether such ship, vessel, or boat, shall be within the jurisdiction of this state or elsewhere, and whether the same shall have been enrolled, registered or hcensed at any col- lector's office, or Avithin any county or collector's district m this state or not. The term " money " or " moneys " wherever used in Term money or this act, shall be held to mean gold and silver coin, and bank notes moneys. -^^ actual possession, and every deposit which the person OAvuing, holding in trust, or having the beneficial interest therein, is entitled to withdraw in money on demand. The term " credits," Avhcrever The term credits, used in this act, shall be held to mean and include every claim or demand for money, labor, or other valuable thing, due or to become due, or. every annuity, or sura of money receiA^able at stated j^eriods, and all money invested in property of any kind which is secured by deed, mortgage or otherwise, which the person holding such deed, or mortgage or evidence of claim, is bound by any lease, contract or agreement, to re-convey, release, or assign, upon the Proviso. payment of any specific sum or sums ; provided, that pensions receivable from the United States, or from any state, salaries or payments expected to be received for labor or services to be per- formed or rendered, shall not be held to be annuities within the The term prop- meaning of this act. The term " property," wherever used in this *rty act, shall be held to mean and include every ta,ngible thing being the subject of ownership, whether animate or inanimate, real or personal. DIV. 5.] ASSESSMENT AND COLLECTION. 151 PROPERTY EXEMPT FROM TAXATION. § 3. All property described in this section, to the extent herein pioporty exempt, limited, shall be exempt from taxation ; that is to say — First. All lands donated for school purposes, and not sold or school lands, leased. All public school houses, and houses used exclusively forf^'io'^'"'"'*'"'^?^^ public worship, the books and furniture therein, and the grounds worsiiip"'^ '"""'^ attached to such building necessary for the proper occupancy, use and enjoyment of the same, and not leased or otherwise used with a view to profit. All colleges, academies ; all endowments made for CoUeges. their support ; all buildings connected with the same, and all lands connected with institutions of learning, not used with a view to profit. This provision shall not extend to leasehold estates of real prop- Ej^ception erty, held under the authority of any college or university of learning. Second. All lands used exclusively as grave-yai'ds, or grounds crave-yarcUs. for burying the dead. Third. All government lands belonging to the United States, Goveniment, and and all property, whether real or personal, belonging to this state, ^"''^P ^°'^- and all the swamp and overflowed lands belonging to the several counties of this state, so long as the same may remain unsold by such counties. Fourth. All buildings belonging to counties, used for holding County buUd- courts, for jails, or tor county offices, with the ground on which '"^*' such buildings are erected, not exceeding in any county ten acres. Fifth. All lands, houses, and other buildings belonging to any Almshouses, county, town or city, used exclusively lor the accommodation or the support of the poor. Sixth. All building.s, with the furniture appertaining thereto. Buildings of belonging to institutions of purely public charity, together with g|jj"j^^'^ "^' the lands actually occupied by such institutions, not leased or oth- erwise used with a view to profit ; and all moneys and credits appropriated solely to sustaining, and belongiiig exclusively to such institutions. Seventh. All fire engines, and other implements used for the Fire engines and extinguishment of fires, with the buildings used exclusively for the ™^ ements. safe keeping thereof, and for the meetings of fire companies, whetlier belonging to any town, or to any fire company organized therein. Eighth. All market houses, public squares, or other public PubUc grounds, grounds, used exclusively for public purposes ; and all Avorks, ma- chinery, and fixtures, belonging exclusively to any town or city, and used exclusively for conveying water to such town or city. Ninth. No person shall be required to list a greater portion of personal credits, any credits that [than] he believes will be received. or can be col- lected ; nor any greater portion of any obligation given to secure the payment of rent, than the amount that shall have accrued on the lease and shall remain unpaid at the time of such listing. No person shall be required to include in his statement, as a part of investments in personal property, moneys, credits, investments in bonds, stocks, p°a^es. *^ *'*'"*' 152 REVENUE. [div. 5. joint stock companies, or otherwise, whicli he is required to hst, any share or portion of the capital stock or property of any com- pany or corporation which is required to hst or return its capital PartnerehipB. ^nd property for taxation in this state, nor shall any partner be required to list or return any property, liability or supposed bal- ance of said partnership, due him, the property, effects, and credits of said partnership being listed by any other partner. Property, when listed, and how. Property of ward, of minors, idiots, Innatics, how listed. Of married women. Estates of de- ceased persons. Corporations. Persons listing in behalf of others . Real and personal property where listed. Bankers and brokers. , Proviso as to mil- itary tract. Property leased fcy societies by t^om listed. BY WHOM, WHERE, AND IN WHAT MANNER PROPERTY SHALL BE LISTED. § 4. Every person of full age and sound mind, not a married woman, shall list the real property of which he is the owner, situ- ate in the town or district in which he resides, the personal prop- erty of which he is the owner, all moneys in his possession, money loaned or invested, and all other property of which he is owner ; and he shall also list all moneys invested, loaned, or otherwise controlled by him, as the agent or attorney, or on account of any other person or persons, company or corporation whatsoever, and all moneys deposited, subject to his order, check or draft, and credits due from or owing by any person or persons, body corpo- rate or politic, whether in or out of such county. The property of every ward shall be listed by his guardian ; of every minor, child, idiot or lunatic, having no other guardian, by his father, if living, if not, by his mother, if living, and if neither father nor mother be living, by the person having such property in charge ; of every wife by her husband, if of sound mind, if not by herself; of every person for whose benefit property is held in trust, by the trustee ; of the estate of a deceased person, by the executor or administrator ; of corporations whose assets are in the hands of receivers, by such receivers ; of every company, firm, body politic or corporate, by the president or principal accounting officer, part- ner, or agent thereof. Every person required to list property on behalf of others, by the provisions of this act, shall list it in the same county, town or district in which he would be required to list it if such propei'ty were his own ; but he shall list it separately from his own, specifying in each case the name of the person, estate, company or corporation to whom it belongs. Real property shall be listed in the county, town or district where it belongs ; personal property, moneys and credits, except such as is required to be listed otherwise, shall be listed in the county, town, or district where the owner resides; the property of banks or bankers, brokers, stock jobbers, insurance or other companies, merchants, and manu- facturers, shall be listed in the county, town or district where their business is usually done : provided, that in the counties of the JNJil- itary Tract, owners of real estate shall not be compelled to return the same if they desire it [to] go to sale, and so inform the assessor. § 5. Property held under a lease for a term exceeding ten years, belonging to the state, or to any religious, scientific or benevo- DIV. 5.] ' ASSESSMENT AND COLLECTION. 153 lent society or institution, whether incorporated or unincorporated and school and ministeinal lands, shall be considered, for all pur poses of taxation, as the property of the person so holding the same, and shall be listed as such, by such person, or his agent, as in other cases. § 6. Each person required to list property, shall make out, certified state- sign and deliver to the assessor, when required, a certified state- n'**"' of personal ment of all the personal property, moneys, credits, investments in e'a?^"'^ reqmr- bonds, stocks, joint stock companies, or otherwise, in his possession or under the control of such person, which he is required to list for taxation, either as owner or holder thereof, or as a guardian, parent, husband, trustee, executoi", administrator, receiver, accounting offi- cer, partner, agent or factor. Personal property shall be listed Date of Usting with reference to the quantity on hand and owned on the first day Personal prop- of May in the year for which the property is required to be listed, including the property purchased on that day. § 7. Such statement shall truly and distinctly set forth : ^nVoS^°* First. The number of horses, and the value thereof. Horses. Second. The number of neat cattle, and the value thereof. Cattle. Third. The number of mules and asses, and the value thereof. Mules and Asses. Fourth. The number of sheep, and the value thereof. Sheep. Fifth. The number of hogs, and value thereof. Hogs. Sixth. Every carriage and wagon, of whatsoever kind, and the Carriages and value thereof. ^^«'''^- Seventh. Every watch and clock, and the value thereof. Z^^^^ *°* Eighth. Every piano forte, and the value thereof. Piano fortes. Ninth. The value of the goods and merchandise which such Merchandise. person is required to list as a merchant. Tenth. The value of the property which such person is re- Banicer's prop- quired to list as a banker, broker or stock jobber. Eleventh. The value of materials and manufactured articles ^^^°g^|^*"'«<^^ which such person is required to list as a manufacturer. Twelfth. The value of moneys and credits required to be?jJ°i»eysandcred- listed. Thirteenth. The value of moneys invested in bonds, stocks, Bondsandstocks. joint stock companies, or otherwise, which such person is requu-ed to list. Fourteenth. The total value of all other personal property, in- other personal eluding household furniture : provided, that the value of such prop- or^uTv^u^^*^ erty shall be determined by the assessor. § 8. If any person shall give a false and fraudulent list, or l^^f^.f^ ^f as- shall refuse to deliver to the assessor, when called on for that pur- sessed double. pose, a list of his or her taxable property, as required by law, the assessor, as a penalty therefor, shall assess the property of such per- son at double its value ; and if said assessor shall neglect or refuse so to do, he shall be liable in each case to a penalty of fifty dollars, to be recovered at the suit of any person who may sue for the same. ■ § 9. If the assessor believes that any property has been valued wiien assessment at less than its true value, in accordance with the rules and cus- 154 REVENUE. [piv. 5. Duty of assessor, toms . of valuing property for taxation, he shall value and charge such property at its true value, and shall notify the person listing such property of such increased valuation. Property, kow vaiued Personal proper- tj" at usual sell- ing price. Inrestments in stocks. Money. Credits at full sum. Annuities. KULES FOR VALUING PROPERTY. § 10. Each separate parcel of property shall be valued at its true value in money, excluding the value of crops growing there- on ; but the price for which such real property would sell at a forced sale shall not be taken as the criterion of such value. Each tract or lot of real property belonging to this state, or to any coun- ty, city, town, or charitable institution, whether mcorporated or un- incorporated, and school or ministerial lands, held under a lease for a term exceeding ten years, shall be valued at such a price as the assessor believes could be obtained at private sale for such lease- hold state. Personal property of every description shall be val- ued at the usual selling price of similar property at the time of listing and in the county where the same may then be ; and if there be no usual selhng price known to the person whose duty it shall be to fix a value thereon, then at such price as it is beUeved could be obtained therefor m money at such time and place. In- vestments in bonds, stocks, joint stock companies, or otherwise, shall be valued at the true value thereof in money. Money, whether in possession or on deposit, shall be entered in the state- ment at the full amount thereof: provided, that dejjreciated bank notes shall be entered at their current value. Every credit for a sum certain, payable either in money or property of any kind, shall be valued at the fuU price of the sum so payable ; if for a specific article, or for a specified number or quantity of any article or articles of property, or for a certain amount of labor done, or for services of any kind rendered, it shall be valued at the current price of such property, or of such labor or service, at the place payable. Annuities, or moneys receivable at stated periods, shall be valued at the price which the person hsting the same believes them to be worth in money. Deductions for bona fide debts. OF DEDUCTIONS MADE FROM MONEYS AND CREDITS. § 11. In making up the amount of moneys and credits which any person is required to hst for himself, or any other person, com- pany or corporation, he shall be entitled to deduct from the gross amount of moneys and credits, the amount of all bona jftde debts owing by such person, company or corporation, to any other per- son, company or corporation, for a consideration received ; but no acknowledgment of indebtedness not founded on actual considera- tion, believed when received to have been adequate, and no such acknowledgment made for the purpose of being so deducted, shall be considered a debt within the meaning of tliis section ; and so much only of any liability, as surety for others, shall be deducted as the person making out the statement believes the surety is le- gally and equitably bound to pay, and so much only as he believes DIV. 5.] ASSESSMENT AND COLLECTION. 155 such surety will be compelled to pay on account of the inability or insolveiicy of the principal debtor ; and if there are other sureties, who are able to contribute, then only so much as the surety in whose behalf the statement is made, Avill be bound to contribute : 'provided, that nothing in this section shall be so construed as to j^'°' *° »PP'y ^ apply to any bank, company or corporation exercising banking powers or privileges. § 12. No person, company or corporation, shall be entitled to No deduction on any deduction on account of any bond, note or obligation of any kis'ifrancecouipa. kind, given to any mutual insurance company, nor on account of "''^'^, '^'^^ ^^v-^^'^ any unpaid subscription to any religious, litei'ary, scientific, or charitable institution, or society ; nor on account of any subscrip- tions to or installment payable on the capital stock of any company, whether incorporated or unincorporated. OF LISTING AND VALUING THE PEOPERTY OF MERCHANTS AND MANUFACTURERS, AND OF BANKERS, EXCHANGE BROKERS, AND STOCK JOBBERS. § 13. Every person that shall own or have in his possession, or Assessment of subject to his control, any personal property within this state, with tridents °ba"°k^ authority to sell the same, which shall have been j)urchased in or '^rs-uianutuctux out of this state, with a view to being sold at an advanced price or " > ' " profit, or which shall have been consigned to him from any place out of this state, for the purpose of being sold at any place within this state, shall be held to be a merchant ; and when he shall be by this act required to make out and deliver to the assessor a state- ment of his other personal property, he shall state the value of such pro[)erty appertaining to his business as a merchant ; and in estimating the value thereof, he shall take as the criterion the aver- age value of all such articles of personal property which he shall have had from time to time in his possession, or under his control, during the year next previous to the time of making such state- ment, if he shall have been so long engaged in business, and if not, then during such time as he shall have been so engaged ; and the average shall be made up by taking the amount in value on hand, as nearly as may be, in each month of the next preceding year in which the person making such statement shall have been in busi- ness, adding together such amount and dividing the aggregate amount thereof by the number of months that the person mak- ing the statement may have been in business during the pre-pro-nso. cedmg year : provided, that no consignee shall be required to list for taxation the value of any property, the product of this state, which shall have been consigned to him for sale, or otherwise, from any place within the state, nor the value of any property con- signed to him from any there [other] place for the sole purpose of being stored or forwarded : provided, he shall in either case have no interest in such property, or any profit to be derived from its sale ; and the word person,%.s, used in this and the succeeding sec- 156 REVENUE. [DIV. 5. Person includes tions, shall be held to mean and include firm, company and incor- firm and corpo- (.;„„ ration. poration. >vho are manu- § 14. Every person who shall purchase, receive or hold per- fecturers. sonal property of any description, for the purpose of adding to the value thereof, by any process of manufacturing, refining, rectifying, or by the combination of different Materials, with the view of making a gain or profit by so doing, shall be held to be a manufac- Manufecturing turcr ; and he shall when he is required to make out and deliver assessment. *' '° to the assessor a statement of the amount of his personal property subject to taxation, also include in his statement the average value, estimated as provided in the preceding section, of all articles pur- chased or otherwise held for the purpose of being used, in whole or in part in any process or operation of manufacturing, combin- ing, rectifying, or refining, which from time to time he shall have had on hand during the year next previous to the time of making such statement, if he shall have been so long engaged in such manufac- turing business, and if not, then during the time he shall have been Products of this SO engaged : provided, that from the value of the property, being state excluded. ^^ product of this State, the merchant or manufacturer listing the same, shall be entitled to deduct the amount owing by him for such property, or for moneys invested therein : and provided further^ that from the value of property, being the product of stock of this state, the farmer or dealer listing the same shall be entitled to deduct the amount owing by him for such property, or for moneys invested therein. Machinery to be § ^^" Every person owning a manufacturing establishment of listed. any kind, and every manufacturer, shall list, as a part of his man- ufacturer's stock, the value of all engines and machinery of every I description, used or designed to be used in any process of refining ; or manufacturing, (except such fixtures as shall have been consid- i ered as part of any parcel or parcels of real property,) including i all tools and implements of every kind, used or designed to be used for the aforesaid purposes. What constitutes § 16. Every person who shall have money employed in the a banker, broker, business of dealing in coin, notes or bills of exchange, or in the business of dealing in or buying or selling any kind of bills of exchange, checks, drafts, bank notes, promissory notes, bonds, or other writing obligatory, or stocks of any kind or descrij)tion whatsoever, shall be held to be a banker, broker, or stock jobber : Deliver to assess- and he shall, when he is required to make out and deliver to the per^^proper- ^sscssor a statement of the amount or value of his other per.-onal ty- property subject to taxation, also include in his statement the average value, estimated as provided in the thirteenth section of this act, of all moneys, notes, bills of exchange, bonds, stocks, or other property appertaininf; to his business as a banker, broker, or stock jobber, which he shall have had from time [to] time in hig, possession or under his conM-ol. during the year next previous to the time of making such st-itf-nc'it, if he pIimII have been so long engaged in such business, and if not, thHi during the time he shall have been so engaged. DIV. 5.] ASSESSMENT AND COLLECTION. 157 § 17. That when any person shall commence merchandising in Merchant, rom- any county after the first day of May in any year, the average H'^tXy ^J^'J,"'^ . vahie of whose personal property employed in merchandising shall ■^haii report to' ' not have been previously entered on the assessor's list for taxation ""'"'''^ "'""" in said county, said person shall report to the clerk of the said county, who shall enter the same upon the tax list, the probable average value of the personal property by him intended to be em- ployed in merchandising until the first of May thereafter, and shall pay to the collector of such county a sum which shall bear the same proportion to the levy for all purposes, on the average value 80 employed, as the time from the day on which he shall commence merchandising as aforesaid, to the first of May next succeeding, shall bear to one year: provided, that if the person so listing hisprovbo; where merchant's capital shall present a bona Jide receipt from the col- previously listed, lector of any county in which such merchant's capital had been previously listed and taxed for the amount of the taxes assessed, and by him paid, on the same capital for the same year, then and in that case it shall be a receipt from paying taxes again on such capital : provided further, that if the tax list had been delivered to Further proyia^ the collector before the receipt of such report, it shall be the duty of the clerk, within ten days alter receiving any such report, to charge the same to the collector, and to notify such collector of the amount so charged, who shall collect and pay over said amount in like manner, as near as may be, as if it had been regularly entered on the tax list. § 18. That when any person shall commence or engage in the Bankers and business of dealing in stocks of any description, or in buying or ^^l"^ '^T' selling any kind of bills of exchange, checks, drafts, bank notes, first day of promissory notes, or other kind of writing obhgatory, as mentioned JlSStionTrreport in the sixteenth section of this act, after the fii-st day of May, in *» county clerk, any year, the average value of whose personal property employed in such business shall not have been previously entered on the assessor's list for taxation in said county, such person shall report to the county clerk of the county, the probable average value of the property by him intended to be employed in such business until the first day of May thereafter ; which amount shall be entered on the tax list, and the taxes collected as in other cases. § 19. That if any person shall commence or engage in the Penalty for fell- business of merchandising, banking, brokerage or stock jobbing, "" ^ '*^'*' and shaU not within one month thereafter list his property as be- fore required, he shall forfeit and pay, in addition to the taxes authorized by law, a tax of two per cent, on the value of the per- sonal property by him so employed, for the use of the county, to be charged and collected in like manner as other taxes ; said value to be ascertained as near as may be, by the assessor, or if he baa luade return of the assessment list, then by the clerk. 158 REVENUE. [div. 5.1 OF LISTING AND YALUING THE PROPERTY OF BANKS AN1> I BANKING COMPANIES, AND OTHER CORPORATIONS. Lifitin" of prop- § 20. It shall be the duty of the president and cashier of every erty of banking \)r^^\^ or banking company that shall have been or may be hcre- corporations" after incorporated by the laws of this state, and having the right to issue bills for circulation as money, to make out and return to the bank commissioners, in the month of May, annually, a written statement containing the average amount of notes and bills dis- counted or purchased by such bank or banking company, Avhich amount shall include all the loans or discounts of such bank or banking company, whether originally made or renewed during the year next preceding the first of May, aforesaid, or at any time previous, whether made on bills of exchange, notes, bonds, mort- gages, or any other evidence of indebtedness, at their actual value in money, whether due previous to, during, or after the period aforesaid, and on wliich such bank or banking company has at any time reserved or received, or is entitled to receive any profit or other consideration whatever, either in the shape of interest, dis- count, exchange or otherwise. Stocks deposited with the state treasurer shall be valued at the rate at which they are deposited. The bank commissioners shall proceed to ascertain the amount of the property valued in accordance with the provisions of this act, and make return thereof to the auditor, who shall report the same to the clerk of the proper county, and said clerk shall enter the same on the tax list for taxation. § 21. To ascertain the amount of the notes and bills discounted and purchased, and all other effects or dues, of every descriptiaa, belonging to such bank or banking company, and liable to taxation, there shall be taken as a criterion the average amount of the afore- said items for each month during the year next previous to the time of making such statement, if such bank or banking company shall have been so long engaged in business, and if not, then dur- ing such time as such bank or banking company shall have been engaged in business ; and the average shall be made by adding to- gether the amount so found belonging to such bank or banking company in each month said bank or banking company was so en- gaged in business, and dividing the same by the number of months said bank or banking company was thus engaged in business, other companies § 22. The president, secretary, or principal accounting officer to list. Qf every railroad company, turnpike or plank road company, in- surance company, telegraph company, or other joint stock company,- except corporations whose taxation is specifically provided ibr by law, for whatever purpose they may have been created, whetlier m- corporated by any law of this state or not, shall list for taxation, at its actual value, its real and personal property, moneys, credits, within this state, in the manner following : In all cases return shall be made to the assessor of each of the respective counties where such property may be situated, together Duty of bank commissioners Notes and bills discounted. Amount, how ascertained. Exception. PIV. 5.] ASSESSMENT AND COLLECTION. 159 with a statement of the amount of said property which is situated in each county, town, city, or ward therein. The value of all moveable property shall be added to the sta- Value of move- tionary and fixed property and real estate, and apportioned to such aaoeu'to'fi^Pd wards, towns, cities, and counties, pro rata, in proportion to the piopcrtj . value of the real estate and fixed property in said ward, tov/n, Brijge oompa^ city or county. The capital stock of bridge companies shall be assessed.'"'^ assessed in the town where their principal office is located. If the county assessor to whom returns are made is of opinion in case of false that false or incorrect valuations have been made, or that the prop- '^^iii^''"^. erty of the corporation or association has not been listed at its true value, or that it has not been listed in the location where it prop- erly belongs, or in cases where no return has been made to the county assessor, he is hereby required to proceed to have the same Duty of county • valued and assessed in the same manner as is prescribed in the "^^'^™'""- several sections of this act regulating the duties of county assessors in cases of refusal or neglect to list property : provided, that every Proviso as to in- agency of an insurance company, incorporated by the authority of»"'^'i'=eagenci<». any other state or government, shall return to the assessor of the county in which the olfice or agency of such company may be kept, in the month of May, annually, the amount of the gross receipts of such agency, which shall be entered on the tax list of the proper county and subject to the same rate of taxation for all purposes that other ersonal property is subject to at the place where located. ASSESSORS. THEIR DUTIES. "WHEN PROPERTY TO BE ASSESSED, ETC. § 23. All property, except real property, shall be assessed, Proporty how annually ; real property shall be assessed, as provided for by this °^° assessed, act, in the year 1853, aid every two years thereafter, until other- wise provided for by law.' § 24. All lands and town lots owned by any person, and not Non-resident situated in the town whei'e such owner may reside, shall be taxed "^^ ^^ "'^" as non-resident, and assessed in the town where the same shall lie. § 25. Every assessor before he enters upon the duties of his Assessor's official office, shall take and subscribe an oath that he will, according to ^^^' the best of his judgment, skill and abiUty, diligently, faithfully and impartially, perform all the duties enjoined on him as such assessor.^ § 2G. If any person elected to the office of county treasurer if treasurer fcii« (1) Amended, see ante, p. 59, sec. 6 — real property is now required to be assessed annually. "^Form of Assessor''s Oath on entering upon the duties of his office. State of Illinois, ) Lake County, ) I, Daniel Brewer, being elected Assessor in and for the town of Warikecfan fnthe county oi Lake, for the year 1856, do solemnly swear that I will sup- port the Constitution of the United States, and of the state of Illinois, ind I Will, according to the best of my judgment, skill and ability, diligently, 160 REVENUE. [dIV. 5. to give bond or shall fail to give bond as collector, or shall neglect or refuse to take take oath. ^^ ^^^^ as required by this act, his office shall be considered vacant, and the board of supervisors shall be immediately caUed Office become var together by the county clerk, and shall forthwith fill such vacancy cant, supervisors by the appointment of some suitable person, who shall qualify and to fiu vacancy, jjggj^arge the duties of such treasurer and collector, in like manner as if he had been regularly elected to said office, until one is elected and qualified. Assessor when to § 27. The asscssor shall, between the first days of May and proceed to take jyjy^ ^ud after being furnished with the necessary blanks, proceed to take a list of the taxable property in his town, and assess the value thereof in the manner following, to wit : Shall call at office He shall call at the office, place of doing business, or residence , or residence of ^f g^^j^ person required by this act to list property, and shall require such person to make a correct statement of his taxable property, in accordance with the provisions of this act, and the assessor, or the person listing the property, shall enter a true and correct statement of such property and the value thereof, in a printed or written blank prepared for that purpose ; which state- ment, after being filled out, shall be signed by the person listing the property, and delivered to the assessor. Should owner be § 28. K any person required by this act to list property shall 8ick or absent. ^^ ^^^^ ^^ absent when the assessor calls for a list of his property, the assessor shall leave at the office, usual place of residence or business of such person a written or printed notice, requiring such Duty of assessor, person to make out and leave at the usual place of collecting taxes in that precinct, or at the office of said assessor, on or before some convenient day named therein, a statement of the property which he is required to list, and shall leave with such notice a printed or written blank for the statement required of such person. The Date of leaving date of leaving such notice, and the name of the person required nouc^etobe ^^ ^^^ ^^^ property, shall be carefully noted by the assessor in a book to be kept for that purpose ; and if any such person shall neglect or refuse to dehver the statement, properly made out and signed as required, the assessor shall make the assessment as re- quired by this act. Oaths, who shall § 29. Assessors and deputy assessors, justices of the peace and a4nuni3ter. clcrks of the county courts, are authorized and empowered to administer any oath relating to the assessment of property required by this act. Refusal to list § 30. In every case where any person shall refuse to make out property. ^^^ deliver to the assessor a statement of the personal property, moneys, and credits which he is required to list, as provided by faithfully and impartially perform all the duties enjoined on me as such assessor. {Add the Dueling clause, according to the form on page 36.) Daniel Breweb. Taken and subscribed before me, ) this — day of , A. D. 18—. J Hiram Hugunin, Justice of the Peace. DIV. 5.] ASSESSMENT AND COLLECTION. 161 this act, the assessor shall, in every such ease, proceed to ascertain Duty of aMessor. the number of each description of the several articles of personal property subject to taxation enumerated in this act, the value thereof, the value of the personal property subject to taxation other than enumerated articles, and the value of the moneys and credits of which a statement shall have been withheld as aforesaid, as the case may require ; and to enable him so to do, he is hereby authorized to examine on oath any person whom he may suppose to have knowledge of the amount or value of the personal prop- erty, moneys or credits, which the person so refusing was required to list. § 31. If any person who shall be required by the assessor to R^/usai ^ pye give evidence, as provided in the preceding section, shall refuse to '*^'**°'^®- be sworn by the assessor, or having been sworn, if he shall refuse to answer such questions as the assessor shall put to him touching the subject of inquiry, any justice of the peace of the town or dis- trict, to whom the assessor may make application therefor, sliall summon such person to appear before him at such time as the Justice may assessor shall designate, and answer on oath all pertinent questions ?" appea/a^"" which may be put to him by the assessor, or his order, touching the answer ou oath, amount and value of the personal property, moneys and credits which the person required to list the same on oath has refused to list; and every constable and witness shall be subject to the same pen- constable and alties for refusal or neglect to obey the process of such justice, as^"^.'***'''^ they are by law subject to for refusing to obey the process of jus- tices of the peace in civil cases ; and shall receive the same fees allowed for like services in civil cases, and such justice of the peace shall immediately proceed to enter judgment for all such fees and •^",'ig™"'* fof . for his own costs in favor of the state of Illinois, against the person who shall have refused to make and deliver to the assessor a state- ment of the property which, by this act, he was required to list, and proceed to collect and pay over the same as in civil cases. § 32. On the last Saturday in June, the assessor, town clerk Remedy for ex- and supervisor shall attend at the office of the town clerk, for the '"^^^"^ Taiuation. purpose of reviewing the assessment hst, and on the application of any person conceiving himself aggrieved, they shall review the assessment, and when the person objecting thereto shall make an affidavit that the value of his personal estate does not exceed a certain sum specified in such affidavit, the assessor shall reduce the assessment to the sum specified in such affidavit, and if he, or any other, objects to the valuation put upon any of their real estate, the board shall hear the objections, and may reduce the same, if a majority of the board think it advisable, and in such case the assessor shall correct his list.' § 33. Each town assessor shall, on or before the first day of Assessor to mak« July, annually make out and deliver to the clerk of his county, in uata for"cierk. tabular foi*m and alphabetical order, the names of the several per- sons, companies or corporations, in whose names any personal (1) Amended, see ante p. 60, section 13. 11. 162 REVENUE. [div. 5. Board of supervi sors may abate taxes where property is not liable to be Decision not final unless approved by auditor. property, moneys or credits shall have been listed in his county, and separately in appropriate columns, opposite each name, the number and value of all articles of personal property enumerated in this act, the value of all non-enumerated articles of personal property, other than the stock of merchants and manufacturers, the value of merchants' and manufacturers' stock, and the value of the moneys and credits listed by said persons. If any person is assessed on property which he believes is not properly and legally liable to taxation, he may apply to the board of supervisors, at their aimual meeting, for an abatement of such assessment, and the said board shall hear and determine the matter; but if said board shall decide that any such property is not liable to taxation, and the question as to the liability of such property to taxation has not been previously settled, the decision of said board shall not be final, unless approved by the auditor of public accounts; and it shall be the duty of the clerk of said board, in all such cases, to make out and forward to the auditor a full and complete statement of all the facts in the case. If the auditor is satisfied that such property is not legally liable to taxation, he shall notify the clerk of his approval of the decision of the board, and the said clerk shall correct the assessment accordingly. But if the auditor believes that the board has erred in deciding that such property was not liable to taxation at the time of making the assessment he shall advise the clerk of his objections to the decision of the board, and give notice to said clerk that he will apply to the supreme court, at the next term thereof, for an order to set aside and reverse the decision of the board of supervisors. Upon the receipt of such notice, the clerk shall notify the person making application there- for. And it shall be the duty of the auditor to file in the supreme court a certified statement of the facts certified by the clerk, as aforesaid, together with his objections thereto, and the court shall hear and determine the matter, as the right of the case may be^ § 34. In all cases where the property is not listed by the owner, the assessor shall note opposite the name the words "by assessor." § 35. Each town assessor shall, at the time he is required by this act to make his return of taxable property to the county clerk, also deliver to him all the statements of property which he shall have received from persons required to list the same, arranged in alphabetical order, and the clerk shall carefully file and preserve the same for one year thereafter. § 36. Each town assessor shall take and subscribe an oath, which shall be certified by the magistrate or clerk administering the same and attached to the return which he is required to make to the county, in the following form, as near as may be : Where property not listed by owner. Return of taxa- ble property. Assessor's oath attached to return. Form of ©r's oath , assessor in the town of , do solemnly swear that the "I, - , „..,.„.„. .„ „... , .„ „_„.„., „. — value of all personal property, moneys and credits required to be listed for (l)No appeal lies to the circuit court, from the decison of the board of supervisors in refer- enc» to property claimed to be exempt from taxation. — Wortkington t. Co. of Pike, 2t 2«i.,363. DIV. 5.] ASSESSMENT AND COLLECTION. 163 taxation by me, is truly returned and set forth in the annexed Ust, and that in every case I have diligently and by the best means in my power, endeav- ored to ascertain the true amount and value of all taxable property, moneys and credits ; and that, as I verily believe, the full value thereof, estimated by the rules prescribed by said act, is set forth in the list aforesaid; that ia no case knowingly have I omitted to assess any property which by law I §^m required to assess, nor have I in any way connived at any violation or evasiou of any of the requirements [of] the law in relation to the listing or valuation of property, moneys, or credits of any kind for taxation." § 37. In all cases in which town assessors are required, in con- Jn case of inabii- sequence of the sickness or absence of the person whose duty it is awrtal^i^Tarue ° to make out a statement of personal property, moneys and credits, °f P"'P^''''y- or in consequence of his neglect or refusal to make out and deliver such statement, to ascertain the amount and value of such personal property, moneys and credits, if the assessor shall be unable to obtain positive evidence of the amount and value of such property, moneys and credits, he shall return such amount and value as from ^^'^^ *<■' fr"™ general reputation and his own knowledge of facts and circum- uon. stances, he believes to be the full amount and value of such prop- erty, moneys and credits.* § 38. The assessor, or some suitable person employed by him Assessor? to de- fer that purpose, shall add up the several columns containing the Jicrk* " ^'^ number and value of each article of property enumerated, the value of unenumerated articles, the value of each of the other items of property enumerated in the seventh section of this act, and the total value thereof, and note the aggregate of each column at the bottom thereof, and shall make out and deliver to the clerk, with the assessment list, an abstract of the several footings on each page, showing separately the aggregate number and value of each enumerated article of property, and the value of each kind of all other property assessed. The correctness of such abstract Oath of corrwt- shall be verified by the oath of the assessor or person who shall *^'^*^' have made such additions. REAL PROPERTY — HOTV, AND IN WHAT MANNER LISTED. § 39. It shall be the duty of each assessor, upon being fur- Assessor to pro- nished with the list and blanks provided for in this act, from actual *^'^''^"°'J^''^'^r" o • f • 1 nunevalueof View or irom the best sources or inrormatio\i that can be obtained, real property. to determine as nearly as practicable, the true value of each sepa- rate parcel of real property in his town, according to the rules prescribed by this act for valuing real property, and such value shall be noted opposite each parcel of real property, in a column Shaii note non- provided for that purpose ; and he shall note opposite each tract ^'^*'''<^°' ''^'*- not listed by a resident of the town the letter "N," denoting non- resident. § 40. The assessor shall add up the valuation of the real prop- statement and erty, and shall set down in figures on each page the total value of '^^'"'^"■ the property hsted thereon, and shall make out a statement show- (1) Weaver v. Devendorf, 3 Denio, 117. 164 REVENUE. [div. 5. ing the aggregate value of the lands, and the aggregate value of town lots. The assessor shall complete the assessment and make return thereof to the clerk of the county court, on or before the first Monday in July, annually. § 41. Each assessor shall take and subscribe an oath, which shall be certified by the magistrate or clerk administering the same, and attached to the return which he is required to make to the county clerk, as near as may be, in the following form : I, A. B., assessor of the town of , do soleniuly swear that the rc- Time of maldng return. Assessor's oath on return. Form of oath. Clerk shall com pare lists. rolls bi'fore board of superTisors turn to which this is attached, contains a correct description of each parcel of real property subject to taxation within said town, so far as I have been able to ascertain the same, and that the value attached to each parcel in said return is, as I verily believe, the full value thereof, estimated agreeably to the rules prescribed therefor in the act for the assessment of property and the collection of taxes, and that the aggregate value, as set forth in the state- ment returned herewith, is true and correct, as I verily believe. The clerk, upon the receipt of the several assessment rolls, shall carefully compare the same with the list of taxable land on file in his office, correcting all errors which he may discover, and add to the roll of the proper town the name of the purchaser and the description of all such lands as has been omitted by the assessor, Shall lay copy of which are liable to taxation. He shall then make a fair copy of the several assessment rolls ; which copy, together with the orig- inal, shall be laid before the board of supervisors at their annual meeting in each year ; for which service said clerk shall be allowed a sum not exceeding two cents for each tract of land, and one cent on each town lot contained in said rolls, and where the real estate and personal property are separate, one half cent for each person's name and valuation of personal property contained in said rolls. § 42. If any assessor shall willfully refuse or neglect to per- form any of the duties required of him by this act, he shall forfeit to the people of this state the sum of fifty dollars, and be liable for all damages sustained by any such refusal ©r neglect. § 43. The board of supervisors of each county in this state, at their annual meeting, shall examine the assessment rolls of the several towns in their county, for the purpose of ascertaining the aggregate valuation of property in each town ; and they shall assess the value of all such lands and lots as have been omitted by the assessor, and listed by the clerk, and cause the same to be placed opposite the description of said lands in a column prepared for that purpose. § 44. They shall, at their annual meeting, fix a certain rate upon the hundred dollars, to be levied upon the taxable property, both real and personal, in their respective counties, for county pur- poses, which they shall cause to be entered upon their record ; and they shall, at the same time, also enter upon their record the amount to be collected in each town for town purposes. The clerk Clerk to compare of the county court shall carefully compare the copy made by him n°^^r^'!'^ ^"^" with the original assessment roll, [and when so compared and cor- rected he shall cause the taxes to be extended on said copy, and Penalty for neg- lect of duty by assessor. Board to examine assessment list. Shall assess •mitted lands Board to fix rate lor taxation. DIV. 5.] ASSESSMENT AND COLLECTION. 165 shall also cause to be endorsed on the original assessment roll,] the amount per cent, levied on each one hundred dollars' worth of property, as taxes thereon, which original roll shall remain in the county clerk's office until the month of March next thereafter. The town clerks shall call on the county clerk during the month Town clerk to of March in each year, for the original assessment foils of the "^^ ^""^ '^°^' previous year of their respective towns, which rolls they shall file in their respective offices, tor the use of the town. § 45. The county clerk shall cause to be estimated and set cierk to estimau ■ down in a separate column, to be prepared for that purpose, in the **^- copied assessment roll, opposite the several sums set down as the valuation of real and personal estate, the respective sums in dol- lars and cents, respecting the fractions of a cent, to be i>uid as tax thereon. § 46. The county clerk shall cause the copied and corrected cierk to deliver assessment roll of each town or district in their respective coun- ^' *° coUectors. ties, with the taxes extended thereon, to be delivered to the col- lector of such town or district, on or before the fifteenth day of November in each year. § 47. To each assessment roll a warrant, under the hand of cierk to attach the county clerk, and seal of the county court, shall be annexed, '^""•'^'■ commanding such collector to collect from the several persons named in the assessment roll the several sums mentioned in the last column of such roll, opposite their respective names. The warrant shall direct the collector, out of the moneys to be collected, What the war- after deducting the compensation to which he may be legally enti- ql^re/^ '^ tied, to pay over to the commissioners of highways the amount of tax collected for the support of highways and brido;es, and to the Money collected ~ ' fQ whom DQicL supervisor of the town all other moneys which shall have been col- lected therein, to defray any other town expenses ; to the township treasurers the school fund tax, and to the county treasurer the state and county tax collected by him.' The county treasui-er shall pay State of Illinois, ) r ^Form of Collector's Warrant. Lake County, The people of the State of Illinois, to Adams Getty, collector of the town of Waukegan, in said county of Lake, Greeting : You are hereby commanded to levy and collect from the several persons named in the roll hereto annexed, and herewith committed to you, the several sums of money mentioned in the last column of said roll, opposite to their respective names ; the same being the assessment roll for the tax assessed upon the property in said town the current year. You will proceed to collect the taxes mentioned in said tax list, and for that purpose you will call at least once upon each person taxed, named in said tax list, or at his, her or their place of business, {if he, she, or they reside in said town,) and make demand of the taxes charged to him, her or them, upon his, her or their property. And in case any person named in said list shall neglect or refuse to pay the tax imposed on him, or her, you shall levy the same by distress and sale of the goods and chattels of the person who ought to pay the same. And in case any person named in said tax list, upon whom any tax is assessed, shall have removed out of said town, {or city as the case rnay be,) after the assess- ment was made, into any other town or city in said county, or shall reside in 166 REVENUE. [DI7. 5. over to the proper officers the amount of the tax collected hj hins on the delinquent real estate. Warrant shall au- § 48. In all cases the warrant shall authorize the collector, in thorize collector case any person named in such assessment roll shall neglect or lect by distress, refuse to pay his tax, to levy the same by distress and sale ot the goods and chattels of such person ; and it shall require all pay- ments therein specified to be made by such collector on or before the fifteenth day of February next ensuing. Clerk shall notify Before the delivery of the tax books to the collectors, the clerk btfore^deUTC^rTof ^^^^^ notify the county treasurer that said books are completed, books to coiiec- and shall furnish such treasurer with a statement, setting forth the name of each collector, the amount of money to be collected and paid over, for each purpose for which the tax is levied in each of the several towns. The treasurer shall compare said statement with the footings on the tax books. Assessors to meet § 49. On the.last Saturday in April in each year, the assessoi-s bUfis^rflssess- ^^ **^^ several towns shall meet at the office of the county clerk meut for the purpose of instruction and advice relative to their duties as any other town or city in said county, you will levy and collect such tax of the goods and chattels of the persons so assessed, in any city or town in said county in which such person shall have removed, or in which he or she shall reside : and in case of such levy of goods and chattels by you, you will give public notice of the time and place of sale, and of the prop- erty to be sold, at least six days previous to the sale, by advertisements in writing, to be posted up in at least three public places in said town ; and at such time and place, you will, if the same shall not be redeemed by payment of the taxes, sell the same by public auction. If the property thus distrained shall be sold for more than the amount of taxes and your fees, you will return the surplus to the person in whose possession such property was when the distress was made, if no claim shall be made to such surplus by any other person. If any other person shall claim such siirplus, on the ground that such property belonged to him, and such claim be admitted by the person for whose tax the same was distrained, you will pay such surplus to such owner. Out of the moneys collected by you by virtue hereof, after deducting the legal fees and charges to which you are entitled, you will pay over as follows, to wit: to the treasurer of the commissioner of highways of said town, the amount of tax collected for the support of highways and bridges, and to the supervisor of the town all other moneys which shall have been collected therein, to defray any other town expenses ; to the township treasurer the school fund tax, and to the county treasurer the state and county tax collected by you, all of which payments herein specified you are required to make on or before the fifteenth day of February next. Hereof fail not to make returns of your doings, by virtue hereof, under the penalties of the law in such case made and provided. In testimony whereof, I have hereunto set my hand and affixed the seal of the county court, this — day of , A. D. 18 — . [seal.] James C. Biddlecome. Clerk County Court. Note. There seems to be a difference of opinion as to Tvho is the proper officer for issuing this process. By the township law of 1851, it was given under the hand and spal of the chairman of the board of supervisors, attested by the county clerk and seal of the county court ; but by this act, which would repeal so much of the former as conflicts with this, the warrant, as will be seen, is required to be under the hand of the county clerk and seal of the county court. The foregoing form is therefore suggested as being in accordance with this section of the law ; yet prudence may dictate that the warrant be signed, as here- tofore required, by the chairman of the board of supervisors. See Section 75 of this Act, post. DIV. 5.] ASSESSMENT AND COLLECTION. 167 assessors. They then and there shall agree upon a basis upon which the property in the several towns shall be assessed. The county clerk to county clerk shall consult with and advise said assessors as to the aiivise. true basis of valuing property; he shall furnish them with such blank circulars, &c., as they may be entitled to, and shall give such instructions and advice as may be necessary to enable them to make their assessments and returns correctly. § 5 1). No assessment of property, or charge for taxes thereon, ^^^^^nj^nt ^o^ shall be considered illegal on account of any informaHty in making i"*;!,"'! }or m- the assessment, or in the tax hsts, or on account of the assessment "^^ ^' not being made or completed within the time required by law. § 51. Every county clerk, assessor, collector or other officer Neglect of duty who shall in any case refuse or knowingly neglect to perform any ^^ offlcera. duty enjoined on him by this act, or who shall consent to or con- nive at any evasions of its provisions, whereby any proceeding re- quired by this act shall be prevented or hindered, or whereby any property required to be listed for taxation shall be unlawfully ex- empted, or the value thereof be entered upon the tax list at less than its true valuation, shall, for every such neglect or refusal, be liable, individually, and on his official bond, for double the amount of the lo53 or damage caused by such neglect or refusal, to be re- if^«»*>ie for double ,.' ./>ii. !• ..,.. ... damages. covered in an action ot debt m any court having jurisdiction ot the amount thereof, and may be removed from his office, at the discre- tion of the court before whom any such judgment shall be rendered. § 52. In all cases where any person, company, or corporation Lands other than has, or may hereafter divide any tract of land into parcels less^^^^^^^°^'^ than the one-sixteenth part of a section, or otherwise, in suchreys. manner that such parcels, can not be described in the usual man- ner of describing lands in accordance with the surveys made by the o-eneral government, with a view to sell said lands in such par- cel, it shall be lawful for such person, company or corporation, to^^*^ ^^""®^*'^' cause such lands to be surveyed, and a plat thereof made by the surveyor of the county where such lands are situated ; which plat shall particularly describe and set forth the lots or parcels of land u,,^ ^ig^ribed surveyed, as aforesaid ; the lots shall be numbered in progressive numbers, and the plat shall show the number and location of each lot, and the description of the tract of land of which such land is a part, and also the quantity of land in each lot. Said plat shall be certifiiid to by the surveyor, and recorded in like manner as the plats of towns are required to be certified to and recorded. Lands described in any deed or conveyance, or for the purpose of taxa- tion, in accordance with the number and description set forth in the plat aforesaid, shall be deemed a good and valid description of the lot or parcel of land so described. § 53. When lands heretofore have been, or may hereafter be, i"^^ owners w- subdivided into parcels less than one sixteenth part of a section, or in such manner that they can not be easily and properly described, without noting the metes and bounds of such tracts, it shall be the 168 EEVENUE. [div. 5. duty of the owner or owners thereof, when required so to do by the assessor, to cause the same to be surveyed, and the plat thereof re- corded in like manner as is required in the foregoing section ; and if such owner or owners shall refuse or neglect to cause such sur- vey to be made within a reasonable time after being notified by the assessor, it shall be the duty of the assessor to cause such survey to be made and recorded ; and the expense thereof to be returned by the assessor to the clerk, who shall add the same, together with the commissions for collecting, &c., to the tax assessed on such real property, and it shall be collected with and in like manner as the said tax ; and when collected shall be paid on demand to the per- sons to whom it is due ; provided, that the collector shall either file a receipt for the payment thereof with the treasurer, or shall pay the same into the county treasury, when he makes settlement for the county revenue, to be paid to the proper persons when called for. § 54. In all cases where the boundary lines of any county or counties can not be correctly ascertained from the plats or maps of the original surveys, and such boimdary lines not having been sur- veyed, it shall be the duty of the board of supervisors of the counties bounded by any such lines, jointly, to cause the same to be surveyed and located in accordance with the laws establishing such lines. They shall cause a plat or map to be made, showing the correct location of the line on each equal subdivision or tract of land through which such line may be run ; which plat, together with the field notes of such survey, shall be certified to by the sur- veyor making the survey, under oath, and forwarded to the auditor of public accounts, who shall cause the same to be filed and re- corded in his office, and a correct copy thereof forwarded to the clerk of the county court of each of the counties bounded by such line. And said clerk shall cause such copy to be filed in his office, and recorded in a suitable record book, and the line thus surveyed shall be the true division line : provided, that if the board of super- visors of any county bounded, in part or in whole, as aforesaid, shall neglect or refuse to comply with the requirements of this section within a reasonable time after being requested to do so by the auditor of public accounts, it shall be the duty of said auditor to cause the said survey to be made, if in his opinion the public in- terest requires it. And the expenses of making any such survey, whether under the direction of the county authorities or of the auditor, shall be paid by the counties bounded by such lines — one half by each county. § 55. For the purpose of taxation, all tracts or parcels of land, not exceeding one sixteenth part of a section, shall be assessed in the county where the greater part of said tract is situated ; and the collector of the proper town in said county shall have the same power and authority to collect the taxes due thereon as he would if the whole of said tract were within the limits of said county. And in all cases where any such tract or tracts s^all be equally Assessor to cause survey to be uiade. Expense how col- Iccteti. ProTiso. Where county lines can not be correctly ascer- tained, duty of board of supervis- Survey and plat to be made. To be forwarded to auditor. Copy filed in clerk's office. Proviso, where K u pervisors of one ceunty refuse to iict. Where tract lies in two counties. Power of col- lector to collect ■whole tax. DIV. 5.] ASSESSMENT AND COLLECTION. 169 divided between two counties, and the owner thereof be a resident of either county, said land shall be assessed in the county in ^\'he^e such which the owner resides ; but if the owner be not a resident in ^ged.''° ^^ '^ either county, then the auditor shall determine in which county the land shall be assessed : provided, that if there be several tracts proviso simularly situated, the auditor shall apportion them equally be- tween the counties, as near as practicable : provided, furthermore, Further provko. that when a tract of land containing a half quarter section, or more, is so divided by the county line that by subdividing it into quarter-quarter section lots, each county will be entitled to the taxes on one or more of said lots, then the tract shall be so divided. The provisions of this section regulating the assessment of land divided by county lines, shall apply to and regulate the assessment Town lines, of land divided by town Unes. * § 56. Government lands entered or located prior to the first Locations prior to day of May, A. D. 1853, shall be taxable for the year 1853 ;^y'^^- lands entered or located prior to the first day of May, A. D. 1854, shall be taxable for the year 1854, and so on annually thereafter. Laud sold by the trustees of the Illinois and Michigan canal, shall canai lands be taxable from and after the time that fuU payment therefor is made. School, seminary and saline lands shall be taxable in like manner as the lands sold by the general government. Internal improvement lands sold prior to the first day of June, A. D. 1848, shall be taxable for the year 1853, and annually thereafter. § 57. On tlie first day of May in each year, or as soon there- Auditor to obtain after as practicable, the auditor shall obtain from the several land i^ad office and offices in this state abstracts of the lands entered and located, and ^^u^^y'^i^". *** not previously obtained, and shall, when necessary, obtain from the canal office abstracts of the canal lands sold. Upon the receipt of said abstracts, the auditor shall cause them to be transcribed into the tract books in his office, and shall, without delay, cause abstracts of the lands in each county to be made out and forwarded by mail to the county clerks of the several counties ; and said clerk shall cause such abstracts to be transcribed uito the tract book, and filed in their office. • § 58. On the last Saturday in April, A. D. 1853, and every cierk to deliver two years thereafter, the clerk of the county court shall cause to to^a^es^i.'"''*** be delivered to the assessor of each town a book, properly ruled and headed containing a Ust of the real estate in numerical order, with such blank columns as may be necessary, for the use of the assessor. The clerk, in making out said lists, shall take as his Guideofcierk^ guide the assessment list of the previous year, and the list of sub- '° '"^''"'s seq^uent conveyances : provided, that the Ust of lands reported in the annual abstract shall be furnished to the assessor within five days from and after the time such abstract is received from the auditor's office.' § 59. Every person owning or holding real property on the OwDen on tart^ first day of May, including all such property purchased on that taxof year. (1) Amended, see ante, p. 59, section 6. 170 REVENUE. " [DIV. 5. day, shall be liable for the taxes thereon for that year ; and if any person shall sell and convey any real property on or prior to the first day of May next after the Usting of such real property, he shall, when he lists his personal property for the year next after the listing of said real property, deliver to the assessor a state- ment setting forth the description of the property sold and con- veyed, and the name of the purchaser, and he shall list all real property purchased by him during the said time ; and the assessor shall make return thereof to the county clerk, who shall make the proper changes in the tax books. Real property shall in all cases be liable for the taxes thereon. Clerk to furnish § 60. The clcrk of the county court shall annually, on the last stracts of^erson- Saturday in April, furnish the asse^eor of each town with a book ai property, &c. or books, properly ruled and headed, for the abstract of the assess- ment of personal property, and shall, at the proper time, furnish such assessor with a list of the real estate that may have become taxable subsequent to the regular assessment of real estate ; all property, except real property shall be assessed annually ; real Proviso property shall be assessed biennially :* provided, that real property becoming taxable after the regular assessment of real property, or that may have been omitted, shall be assessed for the current yeox at the same time that the personal property is assessed in the year that the real property is not regularly assessed, and such property shall be re-assessed the next succeeding year, with the i-egular assessment of real property. Auditor to fur- § 61. It shall be the duty of the auditor of public accounts to Sstruc^ns!" make out and forward to the clerk of the county court of the sev- eral counties, for the use of such clerks and other officers, suitable forms and instructions for carrying this act into effect ; and all such instructions shall be strictly complied with by the officers in the performance of their respective duties, as required by this act. He shall give his opinion and advice on all questions of doubt, as to the true intent and meaning of the provisions of this act. Assessor to enter § 62. If the asscssor sliould discovcr any real property subject omitted'by'ckrk. ^o taxation, which has not been returned to him by the clerk, he shall assess such property, and enter the same on the assessment list. And if upon the return of such list to the clerk, it shall ap- pear that any such real property has not been returned by the au- cierk to advise ditor, it shall be the duty of the clerk to advise the auditor of the ted lands. ' facts, describing the property so returned by the assessor ; and the auditor shall ascertain the true conditiou of such real property, and advise the said clerk thereof, who shall correct the records in his office, in accordance with the facts in the case. Clerk to compare § 63. It shall be the duty of the clerk, before delivering the fore deUve^ryto"^" list of real property to the assessor, to cause such list to be cai-e- a£sessor. fully Compared with the lists of taxable property on file in his of- fice, and if it shall appear that any such property was omitted in the former assessment list, he shall correct the list designed for the (1) Amended, see ant';, p. 59, section 6. DIV, 5.] ASSESSMENT AND COLLECTION. 171 assessor, so that said list may contain a full and complete abstract of all the taxable real property in the several towns. OF THE MANNER IN -WHICH TAXES ARE TO BE COLLECTED, AND THE DUTIES OF THE TOWN COLLECTORS. § 64. Every collector, upon receiving the tax list and warrant, Collector to caii shall proceed to collect the taxes therein mentioned, and for that coUec't'ta'xr^*^'^ '** purpose shall call at least once on the person taxed, or at liis or lier place of residence, if in the town or district for which such collector has been chosen, and shall demand payment of the taxes charged to him on his property. In case of Refusal to Pay. § 65. In case any person shall refuse of [or] neglect to pay to coUopt by dis- tresis in case of re- fusal to pay tax. the tax imposed on him, the collector shall levy the same by elis-*'"''''^'"'^''''*'^^*^'"® tress and sale of the goods and chattels of the person who ought to pay the same NOTICE. § 66. The collector shall give public notice of the time and Notice of sale. place of sale, and of the property to be sold, at least six days pre- vious to the sale, by advertisement, to be posted up in at least three public places in the town where such sale is to be made. The sale shall be by public auction. SURPLUS. § 67. If the property distrained shall be sold for more than To whom surplus the amount of the taxes, the surplus shall be returned to the per- rn"cascs of ois- son in whose possession such property was when the distress was ^'^^^ made, if no claim be made to such surplus by any other person. If any other person shall claim such sui-plus, on the ground that the property sold belonged to him, and such claim be admitted by the person for whose tax the same was distrained, the surplus shall be paid to such owner. § 68. In case any person upon whom any tax shall be assessed in case of own- under the provisions of this act, in any city or town of this state, coiiecloTmay shall have removed out of such city or town after such assessment, p"raue and coi- and before such tax which now is or hereafter may be assessed, in the county, any district of any city or in any town, upon the estate of such person situated out of the city or town where he may reside, and within the county, it shall be lawful in either of those cases for the coUcclor of said city or town to levy and collect such tax of the goods and chattels of the person assessed, in any district within said cities, or within any town within said county to which such person shall have removed, or in which he shall reside. § 69. Every collector shall pay over, within one week after the collector to pay time mentioned in his warrant for paying the moneys directed to"^^^;'"^^^^ be paid to the town officers of his town and to the county treasurer, officei-s money 172 REVENUE. [dIV. 6. j coUected,and the sums required in such warrant to be paid to them respect- ^|'«^^"P^<=0''«'"e-ively, first retaining the compensation to which he may be legally entitled. The town officers to whom any such moneys shall be paid, shall deliver to the collector duplicate receipts therefor, one of which shall be filed by the collector with the county treasurer, for the amount therein stated to have been received, and no other evidence of such payment shall be received by the county treas- urer.* whpre taxes ex- § 70. Whenever any greater amount of taxes shall be assessed ceed town char- .^ ^^^ ^^^^ ^y^qji the towu charges thereof, and its proportion of Surplus paid to ^\^q tax and county charges, the surplus shall be paid by the col- supervuor. jector to the supervisor of the town, who shall hold the same until wanted by the town to pay any town expenses. Part of tax may § 71. The collectors shall receive on the part of any lot, piece, ProWsoJ^ or parcel of land, charged with taxes : provided, the persons paying such tax shall furnish a particular specification of the part, and if the tax on the remainder of such lot or parcel of land shall remain unpaid, the collector shall enter such specification in his return to the county treasurer, to the end that the part on which the tax remains unpaid may be clearly known, tjndmded ahaxea § 72. If any part on which the tax shall be so paid be an un- of property. divided share, then the person paying the same shall state to the collector who is the owner of such share, then it may be excepted in case of a sale for the tax on the remainder; and the collector shall enter the name of such owner on his accoimt of arrears of taxes. When collector § 73. If the town collcctor shall be unable to collect any tax unable to collect, charged in the tax list, by reason of the removal or insolvency of the person to whom such tax shall be charged, or on account of any error in the tax list, he shall deliver to the county treasurer his tax Shall file state- books, and shall malce out and file with the said treasurer, at the ^wnt tax^^and time of liis Settlement, a statement in writing, setting forth the make oath as to name of the person charged with such tax, the value of the property, and the amount of tax so charged, and the cause of delinquency, and shall make oath before the county treasurer, or some justice of the peace, that the facts stated in such statement are true and correct ; that the sums mentioned therein remain unpaid, and that he has used due diligence to collect the same; which oath or affi« Treasurer shall davit shall be signed by the town collector. And upon the filing uncouec^ttd tax. ^^ ^^^^ Statement, the county treasurer shall allow the town collector credit for the amount of taxes therein stated, and shall apportion and credit the same on the several funds for which such tax was charged; and when he makes settlement with the board of super- visors, such statement shall be sufficient voucher to entitle him to credit for the amount therein stated; but in no case shall any town collector or county treasurer be entitled to abatements on the (1) AVhen it becomes necessary for the collector to levy upon and sell the goods and chat'^Js of any person for the collection of ta.xes, it will be lawful for him to sell the same at any time before the time he is required to pay over the money to the county treasurer, and other offt- cers mentioned in his warrant, having made a levy on or previous" to the fifteeth of I'ebruar ry. — Shtlden v. Van Bushirk. 2 Comstock, 473. DIV. 5.] ASSESSMENT AND COLLECTION. 173 resident tax list, until the statement and affidavit aforesaid is filed, as required by this act.* § 74. If any person chosen or appointed to the office of col- Refusal of coi- lector of any town, district or city in this state shall refuse to serve, ''^'°'' ^ ■*"*■ • or shall die, resign or move out of the town, district or city, or the office becomes vacated in any other way, before he shall have entered upon or completed the duties of his office, or shall in any way be disabled from completing the same, the supervisor and justices of such town or district, or any two of them, shall forthwith appoint a Vacancy wied by collector for the remainder of the year, who shall give the like appo'"'"'>-"at security, and be subject to the like penalties, and have the same powers and compensation as the collector in whose place he was appointed, and the supei'visor or town clerk shall forthwith give notice of such appointment to the county treasurer. But such Former collector appointment shall not exonerate the former collector or his sureties '^^ ^^'^^'"^ " from any liabiUty incurred by him or them. § 75. If a warrant shall have been issued as by law provided. Warrants issued prior to any appointment under the last section, the priginal war-P,""'^'^).'^^',^"!^^' rant, if the same can be obtained, shall be deUvered to the collector sor deUven-a so appointed, and shall be considered as giving him the same powei"S °^'^'' as if originally issued to him. But if such warrant can not be obtained, a new one shall be made out by the clerk of the board New warrant of supervisors of the county and shall be signed by the chairman fomer'aiiTnoT of the board of supervisors in the same way and manner as the be obtameu. original was, which shall be directed to the collector so appointed, and upon every such appointment, the supervisor of the town or district, if he shall think it necessary, may extend the time limited for the coUectioft of taxes, for a period not exceeding thirty days; of which extension he shall forthwith give notice to the county treasurer. The collector so appointed shall keep an account of all Accounts of new collections made by the former collector, so far as he can ascertain tep^ °^ the same, and when any one shall present a receipt for taxes paid to the former collector, he shall mark against the amount of taxes so paid, to whom paid, and the time when paid. Neglect of Collector to Pay over "Money. § 76. If any collector shall refuse or neglect to pay to the Refusal of coi- several town officers of his town, or to the county treasurer, the ovct."^ ^'"^^ sums required by his warrant to be paid to them respectively, or either of them, or to account for the same as unpaid, the county County treasurer treasurer shall, witliin twenty days after the time when such pay agai^nat'' pro^rty ments ought to have been made, issue a wai'rant, under his hand of coUector. and seal, directed to the sheriff of the county, commanding him to levy such sums as shall remain unpaid and unaccounted for by such collector, of the goods and chattels, lands and tenements of such coUector, and to pay the same to the county treasurer, and to return (1) This provision requiring the oath of the collector to be made before the county treasurer or some justice of the peace, must be strictly complied with ; where such oath is made before the clerk of the county court, it will invalidate aJi of the proceedings and of course the saia for \a^^.— Hough v. HastiTigs, 18 Els., 312. 174 REVENUE. [DIV. 5. i such warrant within forty days after the date thereof; which war- rant the county treasurer shall immediately deliver to the sheriff Exception. of the county. But no such warrant shall be issued by the county treasurer, for the collection of moneys payable to town officers, of the refusal or neglect of the collector to pay the same, or account therefor, as above provided. Duty of Sheriff. § 77. The sheriflp to whom such warran is directed shall im- wairant and mediately cause the same to be executed, and shall make return make return. thereof to the county treasurer, within the time specified, and shall pay to him the money received by virtue thereof, deducting from his fees the same compensation that the collector would have been entitled to retain. Such part of the moneys, if any, as ought to have been paid by the collector to the town officers, shall be paid by the county treasurer to the officers to whom the collector was directed to pay the same ; but if the whole amount of moneys due from the collector shall not be collected in such warrant, the county treasurer shall first retain the amount which ought to have been paid by him, before making any payment to the town officers. In case the Whole or Part of Money is Paid. ifpart is collect- § 78. If the wbole sum due from the said collector shall be ed, duty of sher- collected, the sheriff shall so state in his return, but if part only, or if no part of such sum shall be collected, the sheriff shall note in his return the fact, and the amount collected, and shall also cer- tify that such collector has no goods or chattels, lands or tenements, in his county, from which the money, or residue ^thereof, as the case may be, could be levied, and in either case the couniy treas- urer shall forthwith give notice to the supervisor of the town or district of the amount due from such collector. Bond to he Sued. Supervisor to sue § 79. The supervisor shall forthwith cause the bond of such bond. ^'^ °^ ^ collector to be put in suit, and shall be entitled to recover thereon the sum due from sueh collector, with costs of suit, and the money recovered shall be applied and paid in the same manner in which it was the duty of the collector to have applied and paid the same. Where sheriff § 80. If any sheriff shall neglect to return any such warrant, ^turning wir-" ^^ ^^ V^l ^^e moncy levied thereon, within the time limited for the rant or pajing return of Said warrant, or shall make any other return than such trwwurer^to pro- as is above mentioned, the county treasurer shall forthwith proceed ceed against him. to collect the wliole sum directed to be levied by such warrant, and he may proceed in the first instance by a writ of attachment against the goods and chattels, lands and tenements, rights and credits of such sheriff, and the same proceeding may be had thereon, in the proper court, as is now provided by law in ordinary cases of attachment. FaUure of county § 81. In case the county treasurer shall fail to collect such ^eaaurertocoi- mongyg \^y attachment or suit, as is provided for in the next pre- DIV. 5.] ASSESSMENT AND COLLECTION. 175 ceding section hereof, he shall prosecute suit on the official bond of such sheriff for the amount aforesaid. • on § 82. The town collectors shall be entitled to three per cent. Coiiector-s per yjL^ all moneys collected by them, as their compensation. centuge. § 83. This act shall apply to and be in force in all counties to what coumka adopting the act to provide for township organization, and take'"^''*i'i''''^''''i«- effect from and after its passage. Approved February 12, 1853. An Act to amend the Assessment and Revenue Laws. in force Februa- ry 14, 1305. THE ASSESSMENT OP PROPERTY AND THE COLLECTION OF TAXES IN COUNTIES ADOPTING THE TOWNSHIP ORGANIZATION LAAV. Section 1. Be it enacted hy the people of the State of Illinois^ 'WorA^^aseessoT'^ represented in the General Assembly, That the act entitled " An act "f^l *°'™ ''*' for the assessment of property and the collection of taxes in coun- ties adopting the township organination law," approved February 12, 1853, be and the same is hereby so amended that wherever the word assessor or assessors occurs in said act, it shall be held to mean "town assessor," or "town assessors," as the case may be. § 2. The return of the schedule or list of taxable property Assessment of belonging to any railroad company or companies required to be f '^schecu^'tcfbe made by this act, shall be made to the county clerk, instead of the i-ii'i before super- assessor ; and the clerk shall lay the same before the board of ^^^°'^^' supervisors when they meet to equalize the assessment of proper- ty. If a majority of said board are satisfied that such return is correct they shall assess it accordingly ; but if they believe that where scheduk such schedule or list does not contain a full and fair statement of ^^j^,"^^ ^j^'^' ^^^^^ the property of such company subject to taxation in said county, the property, made out and valued in accordance with the requirements of law, said board shall assess such property, or cause it to be assesssed, in accordance with the rules prescribed for assessing such property. The schedule or list referred to in this section shall be delivered Schedule when at the office of the county clerk of the proper county, on or countyViIrk!^ * before the first day of May in the year in which such property is required to be assessed ; and if such schedule or list be not so delivered within the time specified in this section, it shall be the duty of the county clerk to obtain, as near as practicable, a correct list of the property of such company, with the valuation thereof, in each town or district in his county ; which list shall be laid before the board ; and said board shall take action thereon in like manner as if the return had been made by the company, and shall allow the clerk such compensation as may be right and proper for his services and expenses in obtaining such list. All property, whether owned by individuals or corporations, shall be listed with Property listed reference to the quantity on hand and owned on the first day of ^^^1^^"'''^^"* April instead of May : provided, that government or other lands proviso not previously listed shall be returned, and be subject to taxation in accordance with the fifty-sixth section of the act mentioned in the first section of this act. 176 REVENUE. [div. 5. Penalty where eompauy refuses to list. Schedule of rail- road company, what shall set forth. Shall set forth land for right of way and other purposes. All is real prop- erty. Shall Bet forth length of track. What is fixed property. Inventory of rolling stock, and value. Rolling stock, ifhere taxed. Other property, where taxed. Lands other than in lota, shall be entered by as- sessor. How bounded. § 3. Every company required to make return as aforesaid, that shall refuse or neglect to deliver to the clerk of the proper county, er to his deputy, within the time specified in the foregoing section, a correct list of their taxable property in such county, made out in accordance with the requirements of ihe laws of this state, shall be liable to the penalty imposed by the eighth section of the act referred to in the first section of this act. § 4. The schedule or list of the taxable property of railroad companies shall set forth a description of all the real property owned or occupied by the company in each county, town and city through which such railroad may run, and the actual value of each lot or parcel of land, including the improvements thereon, except the track or superstructure of said road, shall be annexed to the description of such lot or parcel of land. Said list shall set forth the number of acres taken for right of way, stations or other pur- poses, from each tract of land through which said road may run, describing said land, as near as practicable, in accordance with* the surveys of the United States, giving the width of the strip or par- cel of land, and its length through each tract ; also, the whole num- ber of acres and the aggregate value thereof in said county, town and city. All of the property mentioned in this section shall be denominated real property. The list aforesaid shall set forth the length of the main track, and the length of all side tracks and turnouts in each county, city and town through which the road may run, with the actual value of the same, and the value of the improvements at each of the several stations when said stations are not a part of city or town lots. The said stations and track shall be denominated " fixed and stationary personal property." The list shall contain an inventory of the rolling stock belonging to said company with the value thereof; said rolling stock shall be denominated personal property ; also, a statement of the value of all other personal property owned by said company in each county, city and town. The length of the whole of the main track within this state, and the total value of the rolling stock, shall be set forth in said list. The rolling stock shall be listed and taxed in the several counties, towns and cities, •pro rata, in proportion as the length of the main track in such county, town or city bears to the whole length of the road. All other property shall be listed and taxed in the county, town or city where the same is located or ised. The description of all lands owned by any railroad com- pany, for right of way or station purposes, other than those which are a part of laid off town, city or village, shall be entered by the assessor on his books, as being a strip or tract of land extending on each side of the said railroad track, and embracing the same, commencing at the point where the said railroad track crosses the boundary line of said county, city or town, and extending to the point where the said track crosses the boundary line of said county, city or town, or to the point of its termination in the same, as the case may be, containing — acres, more or less, (inserting name of county, city or town, boundary line of the same and number of DIV. 5.] ASSESSMENT AND " COLLECTION. 177 acres,) and when advertised by any sheriff or collector, to be sold for taxes, or when so sold, no other description shall be necessary. If any clerk or assessor, as aforesaid, shall change the valuation of if valuation property as aforesaid, or any of the same, that shall be returned by ^be'^glteu"""' any railroad company, he shall give notice of such change, as pro- vided for in section nine of " an act for the assessment of property and the collection of taxes in counties adopting the township organ- ization law," approved February 12, 1853. § 5. The county clerk shall furnish at the expense of the County cUTk to county, suitable blanks for the use of the assessors, and is hereby ^^""^"^ biuuks. authorized and required to assess and enter on the list for taxation any and all property, whether real or personal, that may have been cierk to enter omitted in the regular assessment list ; and if any such omissions property omitted, be not discovered in time to be entered on the tax list of the proper year, he shall add the amount of tax due thereon to the tax of the following year. The list of taxable real estate required to be fur- List of real estate, nished for the use of the assessors shall be made out from the col-fjo^'"^^*^""* lector's book, instead of the assessment list, and the town collectors shall deposit the tax lists or books furnished them by the county clerk, with the county treasurer, at the time of their settlement with said treasurer ; and said treasurer shall, within two mouths ^"oi^s to be de- thereafter, deliver said tax books to the county clerk, who shall deposit them in his office, to be kept as part of the records of said office. § 6. Each assessor shall at the time of taking a list of the Duty of assessor personal property, in the year or years in which the real property sub^cquenurb©- is not required to be listed, also take a list of all real property sit- coming ta.\:ibie, uate in his town that shall have become subject to taxation since thereof, the last previous listing of property therein with the value thereof, and of all new buildings or other structures of any kind, the value of which shall not have been previously added to or included in the valuation of the real property on which such structures have been erected, and shall make return thereof to the county clerk at the same time he makes return of the personal property ; in which return he shall set forth a description of the real property on which what return each of such structures shall have been erected, the kind of struct- ^'^^ '"^^ *^'''*- ures so erected, and the true value added to such parcel of real property by the erection thereof; and the additional sum which it is believed the land on which the structure is erected would sell for at private sale in consequence thereof, shall be considered the value of such new structure ; and in case of the destruction by fire, flood or otherwise, of any building or structure of any kind whidi shall have been ei'ected previous to the last valuation of the land or lot on which the same shall have stood, or the value of which shall have been added to any former valuation of such land or lot, the assessor shall determine, as near as practicable, how much less such property would sell for at private sale in conse- quence of such destruction, and make return thereof to the county clerk, as in this section provided. In all such cases the clerk shall Clerk toaddfrr- add to the former valuation of such property the amount of the *"^' ^ 12 178 REVENUE. [div. 5. Subdivision of lots and blocks. additional value, and deduct from the former valuation the amount of decreased value, in accordance with the return made as afore- said: -provided, that the board of supervisors shall have power to equalize or correct any such returns. If any tract or parcel of land shall be subdivided into town or city lots, or blocks after the previous assessmen-t thereof, it shall be the duty of the assessor, at the time of taking a list of the personal property as aforesaid, to assess and return the value of such lots or blocks in hke manner as if the land had not been assessed ; and the clerk shall correct the tax list accordingly. Section forty-nine of the act mentioned in the first section of this act is hereby repealed, provided that the town assessors shall call at the clerk's office for the lists, blanks, &c Bond by whom, approved. Proviso, Advertising de- linquent lands. Sale for 1854. Proviso. When delinquent lands shall he sold for taxes. Sections repealed. Provieo. REGULATING THE COLLECTION OP THE REVENUE IN COUNTIES ADOPTING THE TOWNSHIP ORGANIZATION LAW. § 7. The act entitled " An act regulating the collection of the revenue in counties adopting the township organization law," approved February 12, 1853, be so amended that the judge of the county court, county clerk, and chairman of the board of supervi- sors, shall have power to approve of the bond required by the third section of said act, in like manner as the board of supervisors have power to approve of such bonds ; which bond shall be exe- cuted before the first day of December in each and every year : provided^ that any such bond executed after the time specified in this section shall not be void in consequence of not having been executed within the time aforesaid. But in no case shall the county treasurer act as collector, or receive any state revenue until after he shall have executed and filed the bond required by the aforesaid third section. § 8. The collector may advertise the list of delinquent lands and town or city lots upon wbieh any taxes remain due and unpaid on the second Monday in March, at any time thereafter. § 9. The lands and lots delinquent for taxes of the year 1854, or for any previous year or years, shall be sold on the second Mon- day in May, 1855 : -provided, that if for any cause judgment thereon shall not be obtained at the May term of the county court, judgment may be had at any regular term of the county court thereafter and the sale shall be on the Monday next after the first day of the term at which judgment is obtained ; which sale may be continued from day to day, as is now provided for by law. § 10. All lands and town or city lots upon which the taxes shall remain unpaid on the second Monday of March next, after such taxes become due, shall be considered delinquent ; and all such lands and lots shall be sold on the second Monday of May next after they become delinquent, or as soon thereafter as practicable. Sections fifteen, sixteen, eighteen, nineteen, twenty, twenty-one, twenty-two, tw(mty -three, twenty-four and twenty-five of the act mentioned in the seventh section of this act, and all other acts or parts of acts conflicting with this act, are hereby repealed : pro^ DIV. 5.] ASSESSMENT AND COLLECTION. 179 vided, that so much of the aforesaid sections and laws as requires fifty per cent, and costs to be charged and collected on the tax of the year 1853, remaining unpaid, shall remain in full force. § 11. The fees allowed by law for making out the list of real Fees how paid, estate for the use of the assessors shall be paid out of the county treasury ; and^the board of supervisors shall allow the clerk such reasonable compensation as may be right and just for his services Compensation t^ in making out and recording the abstract required to be made out J.'f^''^'°jj")'"°. and recorded by the tenth section of the act mentioned in the seventh sora. ^ ''"1"="'' section of this act, and for making list of delinquent lands and lots sold for taxes, for the auditor's office, and for making settlement with the county collector, and for making certified statement of said settlement for the use of the auditor's office ; all of which shall be paid out of the county treasury. § 20. So much of the several acts mentioned in this act, as re- List of non-resi- nuires a list of the non-resident property to be made separate from ^'"^ P''"P«''ty .1 •! . ,^1 ,. , "^ ' uot required. the resident property for the use of the county treasurer or county collector, be and the same is hereby repealed, and hereafter the clerk shall include all the taxable property, whether owned by res- idents or non-residents, in the tax lists furnished the town collect- ors. All real property returned by the town collectors to the county collector as delinquent, shall be considered non-resident All deiinciuent property, and the county collector shall proceed to collect the taxes no"u-rw'iaent!''^* due thereon, by sale or otherwise, as provided for by law. Town collectors shall make out and deliver to the county collector, at the time of their settlement, a list of all the delinquent property aforesaid, which fist shall contain a true description of said prop- erty, the name of the person to whom listed, the amount of taxes charged on each parcel of property, and such other facts relative thereto as may be set forth in the list furnished him. ******* § 22. In counties that have adopted township organization, the County collector tax on property owned by railroad companies shall not be charged onTai^roud " on the tax books made for the use of the town collectors, but a cer- property- tified statement of such tax and property shall be delivered to the county collector, and said collector shall collect the amount of tax due from such company or companies, and pay the same over to the state treasurer and other persons authorized to receive it, in like manner as taxes due on non-resident property are required to be collected and paid over by him. If any such company shall if unable to coi- 1 . c J. . 1 1 xi • 1 1 i> 1 '*^ct to prosecute neglect or refuse to pay any tax due by them, as provided for by suit. law, and the collector can not find property in his county belonging to said company sufficient to make the amount of tax due as afore- said he may, and it shall be his duty to prosecute suit therefor in any court having jurisdiction thereof in this state. That in cases Time for tax sale* where judgment has heretofore or may hereafter be rendered for taxes due on real estate, and from any case [cause] whatever the collector failed to offer the property for sale at the time required 180 REVENUE. [DIV. 5. by law, said collector may offer said property, or so much thereof as may be necessary to pay taxes and costs remaining unpaid at the time of sale, at any subsequent time, by giving notice of the time and place of said sale, which notice shall be pubhshed in like manner, and for the length of time that notices for judgments and sale of such property are required to be pubhshed ; and in cases incaseofappeais. of appeals in suits for. delinquent taxes, when the judgment is affirmed, sale may be made at any time after the affirmation of Fee for publish- such judgment, by giving notice as aforesaid. The fees for pub- lefted ^ '^°^' lishing notice as aforesaid shall be chai-ged and collected as other costs. § 23. This act shall take effect and be in force from and after its passage. Approved February 14, 1855. In force June 23 -^^ -^c* declaring certain Lands exempt from Taxation. ■'^^^" Section 1. Be it enacted hy the people of the State of Ulinoisy Rule of assess- represented in the General Assembly, That assessors are hereby meut. required to take into consideration the diminution in value of lands occasioned by any public road, railroad, canal or its feeders, em- bankments, or earth dug or thrown therefrom, in estimating the value of the same, and that the owners of lands thus occupied or incumbered shall only be required to pay taxes on the same, de- ducting the loss occasioned by said incumbrances. § 2. This act to be in force from and after its passage. Approved June 23, 1852. In force Febraary -^^ ^^^ ^^ amend the Revenue Laws. 21, 1859. Section 1. Be it enacted hy the People of the State of Minois, Former act represented in the General Assembly, Tliat the seventh section of amendea. the act entitled "An act for the assessment of property and the collection of taxes in counties adopting the to\vnship organiza- tion law," and the seventh section of "An act for the assessment of property," approved February 12th 1853, be and the same are hereby so amended, that the quantity in acres, of wheat, corn and all other field productions, shall be ascertained and set forth by the Assessor to gath- f^'Sscssor, in columus prepared for that purpose, to wit : the num- er statistics of ber of acrcs of wheat shall be placed in one column ; the number of acres of corn shall be placed in one column ; and the number of acres of all other field productions shall be placed together in one column in like manner as the quantity of other personal prop- erty is required to be set forth, except that the value thereof shall not be estimated or set forth. Auditor to give ^ ^* "^^^ auditor, in preparing the forms of assessor's books, instructions. for the year 1860, and thereafter, shall give the necessary instruc- tions for carrying this act into effect. » Approved February 21, 1859. DIV. 5.] ASSESSMENT AND COLLECTION. 181 Aa Act ia relation to the Assessment of the Property of Railroad Compa- in force FcIk nies for taxation, in counties adopting the Township Organization Law. ruury 21, 1861. Section 1, Be it enacted by the People of the State of lilt- Ust o( property nois, represented in the General Assembly, That wlienever the cierk!""' i-^^unty schedule or list of taxable property belonging to any railroad com- * pany shall be filed with the county clerk of any county adopting the township organization law, and the valuation of the property de- scribed in such schedule as fixed by said scliedule, shall be in- creased by the board of supervisors of such county, then an appeal Appeal by raJi- may be taken by such company from such order of the board of super- '""'"^- '^'>°'P'"'y- visors to the circuit court of said county, by filing bond with the clerk ©f the county court of said county in double the sura assessed by said board on the property of said company, within thirty days after the said assessment shall have been increased by said board oi' su- pervisors. Said bond shall be executed to the people of the state •of Illinois, for the use of the people of said county, with good and sufficient security, and shall contain the provisions now retjuired by law in cases of appeal from justice of the peace to the circuit court. § 2. All appeals taken under the provisions of tliis act shall Trial of appeaia. be set by the clerk of said circuit court tor the second day of the term to which appeal may be taken, and shall be tried by the court or a jury as other cases of appeal under existing laws of this state. § 3. The payment of the tax of such railroad company, ac- Payment of tax. cording to the list and valuation filed by it, shall not be in any manner delayed by the taking of such appeal. § 4. Any resident tax payer of said county, feeling aggrieved RcMdont tax pay- by the assessment of said board, shall have the right to appeal "'" "^^"^ from such assessment to the circuit court of said county, by filing good and sufficient bond with the clerk of said county court, within thirty days after such assessment shall have been increased or ac- quiesced in by said board, in a sura sufficient to cover all costs tiiat may accrue in consequence of such appeal ; which bond shall be made payable to said railroad company, and sliall contain all the provisions now required in appeal bonds under the laws of this state. § 5. This act shall take effect and be in force from and after its passage. Approved February 21, 1861. An Act to provide for the interest on the State Debt. In fore* January ' _ ^ 1. 1802. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be the duty of ^j^gg^g^j^ the auditor of public accounts to assess, annually, upon the tax- able property of this state, in addition to all other taxes, a sum sufficient and no more, with the interest fund, if any, in the state treasury, to pay the interest upon the state debt, upon which 182 REVENUE. [diV. 5. interest is legally payable; which said sum shall be assessed and collected in the same manner as other state revenue is or may be assessed and collected; said assessment not to exceed one and a half mills on each dollar of taxable property. § 2. The fund thus collected shall be kept separate and shall ♦ be denominated the interest fund, and shall be applied to the pay- ment of interest upon the state debt, and for no other purpose whatsoever. § 4. This act to take effect and be in force from and after th-^ first day of January, A. D. 1862. Approved February 22, 1861. legalized. In force Feb. 15, An Act to legalize Assessments heretofore and hereafter to be made. sessments SECTION 1. Be it enacted hy the People of the State of Illinois^ represented in the General Assembly, That where any county or township assessor has heretofore failed, or shall hereafter fail to complete or finish his assessment in the time required by law, such failure shall not vitiate such assessment, but the same shall be as legal and valid as if the same had been completed in the time re- quired by law: provided, that this act shall not release any such assessor of any county or township from any liability imposed by law for the non-fulfillment of his duty. This act to take effect and be in force from and after its passage. Approved February 15, 1851. In force April 24, An Act to relieve the People of this State from the payment of exorbitant ^^^- and imuecessary Taxes. Preamble. Whereas, out of the entire two-mill tax collected for the last two yeare, under the provisions of the 15th article of the constitu- tion of this state, less than three per cent, has been called for by the creditors of the state entitled to receive the same ; and whereas all of the indebtedness thus presented has been paid in full, and the other bondholders entitled to receive pro rata pay- ments on their bonds, in accordance with the terms prescribed by the said 15th art. of the constitution, have Avholly declined and refused and do still decline and refuse to receive any portion Two-mm tai. of the said two-mill tax fund ; and whereas the convention that framed the constitution declared that the said 15th art. contem- plates a consent on the part of our bondholders to receive the said funds, when collected, as indispensable to the assessment and collection of the same ; and whereas our present financial condition requires that provision shall be made for an increase in the revenue fund, while a just regard for the interests of our state and the prosperity of her people imperatively demands that such provision shall be made, without increasing, but on the contrary, if possible, by diminishing our present heavy rate of taxation ; therefore. State tax for two SECTION 1. Be it enacted hy the People of the State of Illinois^ y^s one-half represented in the General Assembly^ That there shall be assessed DIV. 5.] COLLECTION. 183 and collected, in the same manner as other State taxes are assessed and collected, one-half of one mill upon each dollar's worth of tax- able property in this State, fox the year 1861, and also for the year 1862; and the assessment and collection of all other state taxes, othnr taxes sus- except the school tax, for the above mentioned yeai-s is hereby i"^"*^^'*- suspended. § 2. All funds now in the state treasury and belonging to the punas in sute state, except the interest fund and the school fund, and the Central treasury carri.-d ovur to rcvcDUG railroad fund, shall be loaned and transferred by the state treasurer, fund, upon the auditor's warrant, to be drawn for that purpose, to the revenue fund ; and all funds hereafter received into the state Funds ooiiectci treasury and belonging to the state, except the said interest fund J^y'euue fund" and the said school fund, and said Central railroad fund, shall be paid into the said revenue fund; and said funds shall be subject to be drawn therefrom upon auditor's warrants issued for the pay- ment of appropriations made by law. § 3. It shall be the duty of the state treasurer to transfer interest fund from the revenue fund, or any other funds in the state treasury, to p'""'^'-''^ ^°^- the interest fund, at such time or times as may be necessary, upon the auditor's warrant, to be drawn for that purpose, a sum sufficient to make up any deficiency in said interest fund, and to provide fully for the payment of the interest on the state debt, as the same regularly becomes due ; and it shall not be laAV'ful for the said state treasurer to allow the said revenue fund to be reduced at any time, by the payments of auditor's warrants drawn thereon, below an amount sufficient for the purpose of making ample provision for any deficiencies which may exist in the said interest fund as aforesaid. » § 2. This act to be in force from and after its passage. Approved February 8, 1861. COLLECTION. An Act regulating the Collection of tlie Revenue in Counties adopting the In force Febnia- Tovvnship Organization Law. ^ ^' ^°^- Section 1. Be it enacted by the people of the state of Illinois, what fundiishaa represented in the General Assembly, That the county revenue ^^^^g^'^*'*^^'''^ shall be collected in gold and silver coin, county orders and jury certificates, and in no other currency ; the revenue for state pur- poses shall be collected in gold and silver coin, and auditor's war- rants, and in no other currency ; and state taxes, levied for any special purpose, other than to defray the ordinary expenses of the state government, shall be collected in gold and silver coin, and in no other currency. § 2. The treasurer of each county shall be the county collector, Jj^^'^'^'^p^^^^^j^j and his refusal to qualify and act as such shall vacate his office of '^°^^ y co e treasurer, which shall be filled as in other cases of vacancy. § 3, Said collector shall, at the September meeting of the board County collector of supervisors, annually, and before he enters upon the duties of JJjIUy. °° *"' Bond be ap- proved. 18^ REVENUE. [DIV. 5. Condition of bond his office as coUector, execute a bond, in addition to his bond as Becurities. treasurer, in a penalty of at least double the amount of the state taxes to be collected in the year next thereafter, with two or more securities, who shall be residents of the said county, and owners of real estate equal in value to the amount specified in the bond ; which amount shall be determined, and which bond shall be ap- proved by the board of supervisors, and shall be witnessed by at least one witness who can write his name, and be substantially in the following form, to wit:' Form of bond. "Know all men by these presents, that we, A. B., collector, and C. D. and E. F., securities, all of the county of , and state of Illinois, are held and firmly bound to the people of the state of Illinois in the penal sum of dollars, for the payment of which, well and truly to be made, we bind ourselves, each of us, our heirs, executors and administrators, firmly by these presents. Signed with our hands and sealed with our seals, this — day of , 18—. "The condition of the foregoing bond is such, that if the above bound A. B. shall perform all the duties required to be performed [by] him as col- lector of the taxes for the year 18 — , in the time and manner prescribed by law, and when he shall be succeeded in office, shall surrender and deliver over to his successor in office all books, papers and moneys belonging to said county, or to the state and appertaining to his said office, then the foregoing bond to be void, otherwise to remain in full force. A. B. [/.. s C. D. [i.. s E. F. [l. s.; •' Signed, sealed and delivered in presence of me, G. H." Shau take oath. He shall also take and subscribe an oath, to be endorsed on the back of the bond, before some person authorized to administer oaths that he will faithfully, dilig-ently, and impartially, to the best of his judgment and ability, perform all the duties required of him by law as such collector.^ Bond not void § 4. Bonds givcn in pursuance of this act shall not be con- a^sscssmenT.^'^''' '" sidcred void, nor shall any security be released from any liability thereon, in consequence of any informality in the assessment, or in making out the assessment lists, nor of any ehange or alteration in the law made by the general assembly, although the same may be made after the execution of said bond. § 5. The collector's bond shall be approved by the board of (1) Amended ; see act for assessment of property and collection of revenue, approved Feb. 14. 1855, sec. 7, ante, page 178. (2) Guyer\.Anrlrews,llllls.,i94:. People \. Smith,'i21d.,2Sl. Camphor \. PeopU, Id., 2^ l^cynn of Oath of County Collector, to he endorsed on back of Bond. State of Illinois, ) Fnltoyi County, \ ' ' I, A. B., county collector of the county of Fulton, in the state of Illinois, do solemnly swear that I will faithfully, diligently and impartially, to the best of my judgment and ability, perform all the duties required of me by law as Buch collector. A. B. Subscribed and sworn before me, ) this — day of , 18—. \ C. D., Justice of the Peace. Bond approved and entered on lecord of board •f supervisors. DIV. 5.] COLLECTION. jgg supervisors, and shall be correctly copied and entered on the records of said board, and forthwith mailed to the auditor of public accounts, with the certificate of the clerk, under the seal of his office, showing that said bond has been duly approved and record- ed. Said bond, when approved and recorded, shall be a lien against the real estate of such collector, until he shall have com- plied with the conditions thereof. § 6. On the first Monday of November, annually, or as soon Non-resident list, thereafter as the collector shall be qualified, the clerk shall deliver erea"toVoiiector' the tax lists or books containing the non-resident tax list, to said collector, and shall take from him dupHcate receipts, setting forth Duplicate re- the amount of state, county and special tax charged for said year, "^"i^'^- one of which shall be forwarded to and filed in the office of the auditor of public accounts, and the other in the office of the county clerk. All taxes shall be considei-ed due from and after the time Taxes when due. the tax books are required to be delivered to the collector. § 7 The clerk shall compute the amount of taxes due on each cierk to compute tract or parcel of land, on each town lot or block, and on each per- |-^^«^^'i>ieoneach son's personal property, placing the amount of such tax in the proper columns opposite the value thereof, in all cases rejecting the fractions of cents, and shall add up the figures showing the amount of such tax, in the proper columns, and the aggregate amount on each column shall be noted on each page. Said clei-k Accuracy to be shall test the accuracy of such additions, by computing the amount *'^''^'^- of tax on the aggregate value of property on each page, that he may be certain that the tax has been correctly extended and added. § 8. In all cases when any real property has heretofore been, or Back tax added may hereafter be forfeited to the state for taxes, it shall be the duty thereon.^"'*' of the clerk, when he is making up the amount of the tax due on such real property for the current year, to add the amount of back tax and fees remaining due on such real property, with ten per cent, interest thereon, to the tax of the current year, and the aggre- gate amount so added together shall be collected in like manner as the tax on other real property for that year may be collected. § 9. The clerk shall annually make out for the use of the town cierktomakeout collector, correct lists of the property assessed to residents, which foj. c'(XVtor ^'^' lists shall set forth in alphabetical order, the names of the persons owing tax on personal property in each collector's district, the List how made aggregate value of such property assessed to each person, and the °"'" amount of tax due thereon, and such other facts as may be required by the forms and instructions provided for by this act; he shall make out the abstracts of real property in numerical order, which shall show the name of the person to whom each tract or lot is assessed, the value of each tract or lot, and the amount of taxes thereon ; which list shall be made out in strict conformity with the forms and instructions furnished by the auditor. lie shall also make out in Hke manner, for the use of the county collector, Ahstractfor abstracts of the real property hsted as non-resident property. county coUector. 186 REVENUE. [DIV. 5. When lists are § 10. When the books or lists for the collector are completed, tniSelbstrac't the clcrk shall make out a complete abstract, showing the aggre- showing aggie- gate number and value of each kind of personal property enumer- property!*^"^ ated in the assessment list; the value of unenumerated articles; the value of goods and merchandise ; the value of property listed by bankers, bi'okers and stock-jobbers ; the value of property listed by manufacturers ; the value of moneys and credits ; the value of moneys invested in bonds, stocks, joint stock companies, &c. ; the value of property hsted by banks ; the value of lands, and the value of town and city lots ; the amount of state tax due thereon, and the rate of taxation for county and other special purposes. The value of property assessed to non-residents, and the amount of tax thereon, shall be stated separately from the non-resident tax. Correctness to be The correctness of said abstract shall be certified to by the clerk, certified. ^^j^j-^ ^.j-^g gg^j ^^ y^ q^qq attached, and forwarded to the auditor's Copy entered on otfice by mail. A true copy of said abstract shall be entered on record. ^jjg records of said court. If any clerk shall knowingly make a Penalty. false or incorrect abstract of the value of taxable property, he shall be deemed guilty of perjury, and punished accordingly. County collector § 11. The Collector of each county, upon receiving the assess- to cSielft' °^'^^* ment list of the non-resident property from the clerk of the county court, and giving a receipt for the same, shall collect the taxes charged upon said lists from the persons owing the same, and he shall give such persons receipts therefor. County collector § 12. On Or before the third Monday in April, annually, the to rei^ort to clerk collector shall make out and file with the county clerk a statement delinquent list ... ■ n t t t t^ ii ^ and Ust of errors in writing. Setting lorth the value or property, and the amount or tax thereon, in each town that has been returned to him by the town collectors as delinquent, and also a list of the errors in the non-resident list, showing a description of the property and the amount of the tax charged in error, and the cause of the error ; Verified by oath, the truth of said Statement and list shall be verified by the oath of such collector. At the April meeting of the board of supervisors Ab ^ • t on forfeited prop- annually, When he makes return oi the amount ot taxes levied, to ^^^' report the amount due the state on such forfeited property, to the auditor of public accounts, who shall charge the same to the col- ProTiso. lector: provided, that if the collector who received said redemption money shall be succeeded in office, he shall pay the amount in his hands over to his successor, who shall pay said amount into the state treasury when he settles for the taxes of the current year. Amount due first § 42. The amount due on lands and lots, and remaining unpaid be adTdto^'tax «" ^he first day of November, shall be added to the tax of the cur- •f current year, rent year, and the amount thereof shall be reported against the collector with the amount of assessment for said year ; said collector Collector to col- shall collect and pay over the said amount in like manner as other amount afothir taxes, and he is hereby authorized to advertise and sell said prop- taxes and to ad- erty in the same manner as if said property had never been for- feited to the state. Said additions and sales shall be continued from year to year until the taxes on said property is paid by sale ProTiso: sale of or Otherwise: provided, that at the regular sale in the year 1855, forfeited proper- ^^^ j every five years thereafter, all the property previously forfeit- ed and remaining unredeemed, shall be sold to the highest bidder, DIV. 5.] COLLECTION. 197 but not for a greater sum than is due thereon, including costs, &c., and the former sales of such property as will not sell shall be can- celed: provided, that if any person shall offer to pay the taxes. Proviso, interests and costs due on forfeited property for a less (juantity than the whole tract or lot, then such property shall be sold to the per- son offering to pay the amount due thereon, for the least quantity or part thereof. § 43. Real property sold under the provisions of tliis act may Roai property be redeemed at any time before the expiratiou of two years from iH'^woVcwflT"**^ the date of sale, by the payment in specie, to the clerk of the county Kcaumption how court of the proper county, of double the amount for which the'"'^"^" same was sold, and all taxes accruing after such sale, with ten per cent, intei'est thereon from the day of sale, uidess such subseciuent tax has been paid by the person for whose benefit the redemption is made; which fact may be shown by the collector's receipt: />ro- Proviso as to vided, that if the real property of any minor heir, feme covert oi'^'he^'^'^ lunatic, be sold for taxe.-, the same may be redeemed at any time within one year after such disability be removeil, upon the tei-nts specified in this section, which redemption may be made by their guardians or legal representatives. § 44. The securities on any bond given in pursuance of this Securities on offl- act, or either of them, may at any time after the execution of said may bo reieasca. bond, if they, or either of them, have good reason to believe that the officer in said bond is about to fail to comply with the conditions thereof, file with the clerk of the county court a notice in writing, verified by the person asking to be discharged, setting forth the facts in the case, and asking to be released from any further liabil- ity on said bond; whereupon the clerk with whom such notice shall be filed, shall notify the said officer to give additional security, equal Additiouai secu- ■ , 1 1111 1 /• '' . nty required. to the security about to be approved l)y the board ot supervisors, which notice may be served by the said clerk, or Ijy any person ai)pointed by them, or either of them. If the officer so notified ^^™°^«^fro"» shall not appear and give additional security within two days from the time he may be so notified, the board of supervisors may re- move him from office, and in all such cases said board shall appoint some suity the officer collecting the : a:ne, in like manner as if paid over by the collector. § 45. If anv real property shall be double assessed, or assessed Erroneous taxes •' I I. J. jjjj^y jjg refunded. 198 REVENUE. [div. 5. gal to refund. Proyiso. Over payments by collector re- funded. before it become taxable, and the taxes so erroneously assessed shall have been paid, the board of supervisors on application of the person paying the same or his agent, and being satisfied of the facts in the case, shall cause said taxes to be refunded pro rata by the state and county ; and if any collector shall receive the taxes properly due on any real property and shall afterwards sell such property for said taxes, he shall refund to the purchaser thereof, if application be made within two years from the date of Penalty for refu- said Sale, doublc the amount of purchase money. Any collector neglecting or refusing to pay as required by this section, shall be liable to the county in an action of debt, in any court having juris- diction of the amount of said debt : provided, that the county and the state shall refund, in case of erroneous sales heretofore made, as provided for by the laws in force at the time of such sales. § 46. If any collector shall have paid, or may hereafter pay into the state treasury, any greater sum or sums of money than is or may be legally and justly due from such collector, after deduct- ing abatements and commissions, the auditor shall issue his war- rant for the amount so oveipaid, which shall be paid out of the fund or funds so overpaid, on the warrant of the auditor. fiounty tax levied § 47. The boai'd of Supervisors shall have power to levy a tax perTisOTs.°^^" in their respective counties for county purposes, but shall in no case exceed the amount of four mills on each dollars' worth of taxable property, unless specially authorized by law -^ and said county tax shall be levied at the September meeting of said board, or as soon thereafter as practicable, and collected with the state revenue. Ciunty taxes to The Same lien created to secure the state tax, and the provisions '^''°' made for the collection thereof, shall also exist and apply to the county revenue. Suits not to abate § 48. Suits Commenced by the auditor, as provided for in tliis act, shall not abate for the want of service on one or more of the defendants, but judgment may be rendered against such of said defendants as may have been legally notified : provided, that suits may be prosecuted against the defendants not included in said judgment at any subsequent term of said court : provided further, that the provisions of this section shall not be so construed as to change the conditions of any bond executed prior to the passage of this act on suits in favor of the state, and against collectoi-s or state to pay fees, other persons indebted to the state. The state shall pay like fees as are or may be allowed by law in suits between individuals, and in all cases when the state is plaintiff she shall advance and pay such fees, in like manner as individuals are required to advance and pay fees. And when the state becomes the purchaser of real property sold on execution for any debt due the said state, the officer selling such real estate shall be entitled to like com- missions as he would have been entitled to had such jnop- erty been purchased by individuals. Said fees and commissions to be paid on the warrant of the auditor out of any money in tlie treasury not otherwise appropriated ; and when "such fees are col- (1) Amended, increased to five mills. See ante, p. 62, sec. 27. for waut of ser vice on all de- fendants. Proviso. Proviso ; condi- tioa of bonds not ehanged. Commissions to officers allowed by state. How paid. DIV. 5.] COLLECTION. I99 lected they shall be paid into the state treasury. So much of this Suits heretofore, section as relates to fees shalj apply to suits heretofore prosecuted, as well as to suits that naay hereafter be commenced and prose- cuted. § 49. The assessment shall be a lien on the personal property Assessment a ii.n of all persons owing taxes from and after the time the assessment °" p«'"«°i^' prop- books are received by the collector, for the state and county tax " ^ due thereon, and no sale or transfer of such property shall effect the claim of the state or county, but the said property may be subsequent sale seized by the collector wherever found, and removed, if necessary, ^^^ '" '-^^"^^ ''«°- and sold to discharge the taxes of the person owning the same at the time of such assessment, together with the costs and charges of collection. § 50. Whenever the taxes on the same property shall have Taxes paid more been paid more than once, for the same year, by different claim- kX "tomake" ants, the collector shall make a return to the clerk of the county 'u™ thereof, court of all such surplus taxes so received by him, together with the names of the several claimants thus paying; and the clerk ckru to return to shall make a record of all such cases, and transmit a copy thereof *"'^'°'^- to the auditor of public accounts, who shall charge such collector with the portion of such surplus taxes belonging to the state ; but such surplus tax shall in no case be refunded. § 51. Whenever any person shall pay the taxes charged against Payment to be him, the collector shall enter such payment in his list, and give the ''^^'^^'^'^ <»» ^^*" person paying the same a receipt, specifying the name of the per- collector to gi^e son for whom paid, the amount paid, what year paid for, and the i<^"i''- property on which the same was assessed, acording to its descrip- tion on the assessment- list. § 52. The collector shall attend at the court house in his county Collector to at- on the day specified in the notice for the sale of real estate for i^ulL^'for''^i,^''*' taxes and then and there, between the hours of ten o'clock in the forenoon and six o'clock in the afternoon, proceed to offer for sale, separately, each tract of land or town lot in the said list on which the taxes and costs have [not] been paid. § 53. The person at such sale offering to pay the taxes and saic to list for costs charged on each tract or lot, for the least quantity thereof, ^^'a-^'est quan- sliall be the purchaser of such quantity, which shall be taken from the east side of such tract or lot. § 54. The collector shall continue such sale from day to day, Saic continue -111 *^^^ i lorieiture. and make sale thereoi as required by law, he shall be liable to pay into the state and county treasury the amount of taxes and costs due upon the lands and lots so advertised, in the same manner as if they had been sold : provided, that he may afterwards advertise Proviso; may and sell such delinquent property to reimburse himself for the "^"^ a*ivertjBe. amount advanced by him ; but at no such sale shall there be any property forfeited to the state. § 66. No collector or treasurer shall, either directly or indi- Coiiectorortrea»- rectly, be permitted to take, buy, shave or receive, be himself or "^ ^sh'ive wa^"^ agent, any auditor's warrant or warrants, or any county order, or ^^^^^ or orders, jury certificate, at less than the full amount due thereon. § 67. On the first day of January next after taking the census Secretary of Htate in the state, or as soon thereafter as the returns of said census may |ii,Oi^e report to be made to the office of the secretary of state, it shall be the duty ""ij^^fof ^hite of said secretary to make out and deliver to the auditor a correct statement of the number of white children in each county in this state, twenty years of age and under ; the truth of said certificate shall be certified to by said secretary, and thereupon, under the To be certified, supervision of the commissioners of the school fund, the auditor shall make a dividend to each county of the interest due upon the school, college and seminary fund, in proportion to the number of school fund to be persons in each, of the age aforesaid ; and dividends shall be made apportioned, according to the proportion ascertained to be due to each county annually thereafter, until another census shall have been taken, and then apportionments shall be made and continued as aforesaid, according to the last census. § 68. The auditor shall, within five d;iys after ascertaining the Auditor to give amount due, as required in the foregoing section, . make out and ^^g^i^oj^o^gy' forward by mail to the school commissioner of each county, an order on the collector for the amount due said county : provided, Proyiso. that if the amount of intei'est due to any county shall exceed the amount of revenue, state tax, due from such county, then the audit- or shall issue an order as aforesaid for the amount of revenue that he believes, from the returns of the assessment for that year, will be collected, and shall issue and forward with the order a warrant on the treasurer for the balance of interest that maybe due to such county, which shall be paid out of any moneys not otherwise appropriated. § 69. On or before the first day of April, annually, or so sroi collector to pay thereafter as the school commissioner shall present the order of the ^r^^jj^g^'*^""™™' auditor, the collector shall pay to said commissioner the amount due thereon: provided, that if the said collector has not collected Proviso to pay a sufficient amount of state revenue to pay said order, and shall lected. make oath of that fact, then he shall pay the amount he has col- lected, and shall pay the remainder on or before the fifteenth day of May next thereafter • but if any collector shall refuse to pay the I 202 REVENUE. [DIV. 5. interest on the school fund as required by this section, and shall Collector refus- refuse to make oath as aforesaid, it shall be competent for the com- tobecommenced. miss'ioner to proceed against such collector and his securities, in an action of debt in the county court, which court is hereby vested with full power and authority to hear and determine all such suits, render judgment, and issue execution. Said collector shall be liable to pay the full amount stated in the order, notwithstanding he may not have collected that amount ; and if any collector shall pay a portion of the amount due as aforesaid, and shall fail to pay the remainder as required by this section, the commissioner shall proceed against him as above provided for. Collector to pay § 70. Upon ascertaining the amount due to the state from any to state treasury, collector, or Other person, the auditor shall give such person a statement of the amount to be paid, and upon the presentation of such statement to the treasurer, and the payment of the sum stated Receipt to be to be due, the treasurer shall give duplicate receipts therefor, one given, counter- ^f which shall be filed in the auditor's office, and entered in a book signed by audit- , i /> , i i i i n i • i or. to be kept tor that purpose, and the other shall be countersigned by the auditor, and delivered to the person making the payment; and no payment shall be considered as having been made until the treasurer's receipt shall be countersigned by the auditor as afore- said. When the list of delinquent lands is returned by the audit- On return of de- or for sale, he shall certify to the clerk the amount of the county's dUor to certify." proportion of the tax paid into the state treasury, and the amount so certified shall be paid into the county treasury out of the tax due from the collector to the state. Auditor to pre- § 71. The auditor of public accounts shall, as soon as practica- p\re and furnish \j\q gftyj. the passage of this act, prepare and transmit to the sev- formsandm- , i ° ,i i f i • • i i n i structions. erai county clerks all such forms and instructions as he shall deem necessary to carry into effect its provisions. Said auditor shall Publication of cause to be printed, with the forms and instructions required by this act this section, a true and correct copy of this act, and shall forward a sufficient number thereof for the use of the several county offi- cers, to the clerk of the county court of each county, who shall deliver the same to the proper officers. The expenses of the printing required by this section shall be paid for as other printing ordered by this general assembly is paid for. Fee.'i and com- § 72. There shall be allowed and paid for scrvices rendered in pensatiou to pursuance of this act, the following fees and compensation: to clerics Ot COUDtV ' C7 X sourt. clerks of county courts, for making lists of delinquent lands for the auditor's office, three cents for each tract described in said list, to be paid for out of the state treasury, Avhich shall be in full for comparing and correcting the collector's return of said delin- quent lands to his office, as well as for making the list aforesaid, and comparing and certifying to the list for the use of the collector. For making record of delinquent lands and town lots for judgment, including the order of court, three cents for each tract and one cent for each town lot. For making transcript of judgment for sale, three cents for each tract, and one cent for each town lot. For assisting the collector in selling lands and lots, twenty-five DIV. 5,] COLLECTION. 203 cents for each tract, and five cents for each town lot, for which a certificate is given, to be charged and collected as costs. For making transcript of taxable real property for the assessor, two cents tor each tract of land, and one half cent for each lot, to be paid out of the state treasury. For comparing the assessor's return with the original list of real property, extending the tax on each trac^ and lot, and adding up the aggregate amount of the tax thereon, two cents for each tract or subdivision, and one half cent from each town lot ; and for making copy of the assessment list for the collector, one cent for each tract, and one half cent tor each town lot. For entering list of lands furnished by the auditor, in the tract books, one cent for each tract. The same fees shall be allowed for computing the tax on each person's personal property, and for copying the same, as is allowed on town lots ; all of which fees shall be paid out of the county treasury. The collector shall To county coi- be allowed for making list of delinquent lands to be filed with the '''^^"'^' c'erk, and adding up the amount of tax thereon, three cents tor each tract to be paid out of the state treasury. For selling lands and town lots, ten cents for each ti'act, and three cents for each *^^own lot sold, to be charged and collected as costs ; but no costs except the printer's fees shall be charged or collected on any lands or town lots forfeited to the state. Collectors shall be allowed a commission on all moneys collected, of five per cent, on the first eight thousand dollars, and three per cent, on all additional sums collected by them, to be paid by the state and county in proportioa to the amount of state and county tax collected ; and the auditor shall allow said collector, in his settlement, in addition to the com- missions aforesaid, two dollars for every twenty miles necessary travel, in going to and returning from the seat of government, for the purpose of paying over the state tax. County treasurers shall To county trea*. be allowed a commission of one per cent, on all moneys, county ^^^' orders and jury certificates received by them for county purposes, and one per cent, on all moneys paid out by them, but they shall not be allowed any compensation for paying moneys over to a suc- cessor. § 73. If any officer shall fail or neglect to perform any of the Neglect of dutf duties required of him by this act, upon being required so to do ^ ° ''°^^' by any person interested in the matter, he shall be liable to a fine Penalty. of not less than ten dollars, nor more than one hundred dollars, to be recovered in an action of debt in the circuit court of the proper ii°w recoverea. county, and may be removed from office, if, in the opinion of the Removal fiom court before whom such suit may be tried, the circumstances ° ''^' require such removal ; and any officer who shall knowingly violate any of the provisions of this act, shall be liable to a fine of not Penalty for vioift. less than ten dollars, nor more than one thousand dollars, to be *''^°^ "^ '^i^ ^'• recovered in an action of debt in any court having jurisdiction of the amount, and may be removed from office at the discretion of the court. § 74. The rate of taxation for state purposes for the year A. D. Rate of t»xaUon 204 REVENUE. [DIV, 5. for state pur- 1853, and forever thereafter, until otherwise provided by law, shall ^***^®^" be two mills on every dollar's worth of taxable property, for the payment of the state debt, one and one-half mills on every dollar's worth of taxable property for the payment of the interest on the state debt, and one mill on every dollar's worth of taxable property, for defraying the expenses of the government. AppUcation of § 75. This act shall apply to and be in force in the several this act. counties adopting the act to provide for township organization, and , shall be in force from and after its passage. Approved February 12, 1853. 1853. Preamble. In force Feb. 12, An Act to amend the Revenue Laws of this State. Whereas doubts have arisen as to whether the sheriff or treasurer of counties that are organized under the township organization law should execute deeds for lands sold for taxes in said coun ties ; and whereas, deeds for lands sold for taxes have been executed sometimes by sheriff and sometimes by county treas' urer ; therefore, Tax deeds hereto- SECTION 1. Be it enacted hv the people of the State of Illinois. ciaredvaud. represented in the General Assembly, That aU deeds heretofore executed by any sheriff or county treasurer of the proper county for lands sold for taxes in counties that have adopted the township organization, shall be as valid and effectual to pass the title to such land as if the same had been made by the proper officer. Sheriff to make § 2. In all cascs where lands have heretofore been or maj* hereafter be sold, in counties organized under the township organi- zation law, and deeds have not been made to the purchasers therectf; such deeds shall be made by the sheriff of the proper county, at the time when by law such deeds should be made.' Approved February 12, 1853. In force April 24, Xtx Act to amend the Revenue Law. „ - ,. ^ Section 1. Be it enacted hi the people of the State of Illinois, Tax deeds hereto- , ^ , > 7 7 rr.i ii i -, ^ n -, fore made, held represented lu the General Assembly, ihat all deeds hereafter made shoJra'toJcs were '" pursuance of sales of real estate for the non-payment of taxes paid; or land re- shall be held to be null and void, if it be shown that said taxes tice not given, had been paid before the sale, or that said real estate was not sub- ject to taxation, or that it had been redeemed from said sale, or if the notice required by the constitution was not given, or that the description of said land was not sufficiently definite ; and the validity of all such deeds, hereafter made by the proper officers,- ^uustioiied*un^'^ ^°'^' ^'^'^^ cstatc sold for the non-payment of taxes, shall not be ques- kss taxes tender- tioned in any suit or controversy in this state, for any other cause, * ■ unless the party wishing to contest the same shall tender to the^ (1) Upon the subject of tax titles, the following ca.«es may be referred to, in addition toi those already cited : Fitch, etnl., v. Pinrkard et al.,^ Srnm., 69. Swiggnrt et al.\. Barber et al., //., 370. Hilletal.v. Lcnimnl, irf., 742. Maxey v. Claybaiigh,! Gibn.,2''}. Hin- man \. Popf, If/., ISl. Va7u-e y Srlnn/lfr. Id., IGO. Messingir y. Germain, Id-CSi. .'^iU many. Ff/ri\ ld.,CM. Besfnr y. Pnv)rll,2 Gihn.,1'19. Atkins y. Hinman, hi., iZl. Thorn son y. Sckuijkr, Id., 271. Rkincliart y. Schuyler, Id., 473. Job v. Tibbet.'i, 5 Gdm., 37a- )IV. 5.] COLLECTION. 205 ;l;iimaut undei" said tax deed, or deposit in the court in which such luit is pending, for his use, the amount of the redemption money iiow provided lor by law, with ten per cent, per annum interest 'hereon from the date of said deed to the time of said tender or lleposit; and after said tender or deposit is made, the validity of jiaid deed may be questioned in the same manner, and to the same ijxteiit, as now provided by law. Approved February 21, 18G1. in Act to amend an act entitled " An act regulating the collection of the In force February- Revenue in couuties adopting the Township Organization law," approved '^■^ ^^^^■ February 12, 1853. i Section' 1. Be it enacted hy the people of the State o/" 7//^?^o^s, Reference to represented in the General Assembly, That in all cases which have [^"^enaJZ t ftrisen since the passage of the act hereby amended, or which shall f^ arise, in which this objection has been offered or shall be offered to khe entry of judgment against real estate for taxes, interest and Q^^jp^^jj^jj ^^ gjj_ posts due severally thereon, as provided in the thirty-fifth section trj of judgmeut. i)f said act, to wit : that the collector might have collected the said baxes, interest and cost, by distress and sale of personal property ; md in case the said objection has been or shall be sustained, and supervisors may '.n all cases which have arisen since the passage of said act, or '^''■«<=' '^-'',''''' '"- I ,.,,,,..,. , . 11 1 terest amJ costs iwhicli shall arise, in which taxes, interest and costs due on personal to be added. Iproperty have not been collected, or shall not be collected, then the (board of supervisors may, at their annual meeting, direct the icounty clerk to add said taxes, interest and costs, or any part Ithereof, to the collector's lists, to be collected as other taxes : pro- vided, that such taxes, interest and costs shall not have been other- wise collected; and provided, that the collection of said taxes, inter- ;est and costs shall not have been estopped by legal proceedings, other than the sustaining of said objection : and provided further, Proviso, that no action shall have been commenced to enforce the payment of such delinquent taxes. § 2. This act shall apply to and be in force from and after its passage, in the several counties adopting the act to provide for township organization. Approved February 22, 1861. An Act to enable the Auditor of public accounts to collect the Revenue. Ip force February ' 1(, 1851. Section 1. Be it enacted hy the people of the State of Illinois, Duty of officer represeiited in the General Assembly, That when real estate shall be 'evjing. levied upon to satisfy any judgment in favor of the state, it shall be the duty of the officer making such levy, to transmit by mail, to the auditor, at least twenty days before the day of sale, a correct statement, showing the description and value of said property, in cash ; the truth of said statement shall be attested by the oath of said officer. And the auditor is hereby authorized and required cuLe for sute!." to purchase, in the name and for the use of the state of Illinois, at 206 REVENUE. [div. 5. Kedemption. Redemption money. a price not exceeding two-thirds of said value, so much of said property as may be required to pay the amount of the judgment and costs aforesaid ; and it shall be the duty of the officer making such sale to foi'ward to the auditor a certificate of purchase, and make his return, as required in other cases of sales on execution. Any person desiring to redeem said property from such sale, shall pay the amount of redemption money into the state treasury ; and, thereupon, the auditor shall indorse such payment on the back of the certificate of purchase aforesaid, and deliver it to the person so paying ; which shall have the same effect as redemptions have in other cases ; but no real estate purchased as aforesaid shall be considered redeemed from such sale until the redemption is paid into the state treasury. § 2. All moneys received by any sheriff, or other officer, for the redemption of any real estate sold to the state, on execution, shall be paid by such officer into the state treasury, or to the col- lector of his country, as may be directed by the auditor, within twenty days after demand is made by said auditor, and shall be paid into the state treasury, by such collector, when he makes i settlement for the state revenue : provided, that the demand afore- said may be made by any person authorized by the auditor to make such demand. If Bot redeemed. § 3. If any real estate, purchased by the state on execution, shall not have been redeemed, or may not hereafter be redeemed, within the time required by law, it shall be the duty of the audit- or to obtain a deed or deeds therefor ; which he shall cause to be recorded in a book kept for that purpose, in his office, and shall take such steps as he shall deem necessary to protect the timber, or other fixtures thereon, from being lost or destroyed. § 4. The auditor of public accounts is hereby authorized and empowered to sell, transfer and convey, by deed, any and all real estate that may have been heretofore, or may be hereafter pur- chased, to satisfy, or in payment of any judgment, or any execu- tion in favor of the state, by this state, or by any officer of this state, for the benefit and use of the state, to any person or persons who may pay into the state treasury the full amount paid by the state for said property, and six per cent, interest thereon, from the date of said sale to the time of such payment : provided, that such amount shall be equal to the amount due the state on the judg- ment or decree on which the sale was made; or if not, the sale may be made at such price, not less than the price paid for the property as aforesaid, as the judge of the county court and the sheriff of the county in which the estate is situated shall certify the same to be worth. § 5. State's attorneys, in addition to the duties now required by law, shall prosecute all suits in favor of the state when required by the auditor ; and where there is no other fee allowed by law for such service, they shall be allowed and paid out of the state treas- ury the sum of five dollars, for commencing and prosecuting suits Auditor to sell. PMTieo.' Duty of state's attorneys. DIV. 5.] MISCELLANEOUS. 207 as aforesaid, to be paid on the certificate of the auditor, and ap- proved by the governor. § 6. If the back taxes on any forfeited property have not been Back taxes, collected, or the property sold as provided for by an act entitled "An act to provide for the collection of the revenue on forfeited property," approved February twelfth, eighteen hundred and forty- nine, said taxes, with the interest and cost due thereon, shall be added to and collected with the tax of the current year : provided, that where such taxes have not been added to the hst for the cun-ent ' year, the clerk shall add them to the taxes of the year A. D. one thousand eight hundred and fifty-one. Said property shall be ad- vertised and sold in the same manner as required by the act aforesaid. § 7. Deeds on sales made in pursuance of this act, or of the De erty omitted for a previous year or years, and add the same to the collector's list, and report the same to the county commissioners' court at their next term ; and said court is required to enter the same of record, and charge the collector with the same, and the clerk to certify said charges to the auditor at the time of certifying the allowances made to collectors. DIV. 5.] MISCELLANEOUS. 209 Sec. 70. No collector or clerk of any county commissioners' collector and court, shall be, either directly or indirectly, concerned. in the pur- ^"^''^"'j^^/J*^'* chase of any tract of land or town lot sold for the payment of taxes, under the penalty of one hundred dollars, to be recovered by action of debt. **«♦♦♦« Sec. 88. At any time after the close of any such sale as afore- Lands not bid for said, the clerks may sell any of the lands and town lots offered for ^^a^'. ""'^ sale which were not sold for want of bidders, to any person wish- ing to purchase the same, who shall pay the State and county tax, together with the costs and interest due thereon. ****** Sec. 92. The clerks of the county commissioners' courts shall cierks liable for be liable for all redemption money of lands and lots which may mon^'!*'"" come into their hands as such, and shall pay the same over on demand being made by a proper person, and in case of failure or refusal so to do when demanded as aforesaid, then his office shall be considered vacated ; and thereupon the county commissioners' court shall appoint some suitable person to fill such vacancy until the same be filled in the manner now prescribed by law. Sec. 93. Lands sold by the state, though not granted or con- Assessment of veyed, shall be assessed in the same manner as if conveyed, but ^^. ^"^"'"^ ^^ such lands, when forfeited to the state for the non-payment of taxes thereon, shall not in any case, be sold for such non-payment as Such lands not other lands, and shall not afterwards be subject to taxation until ° again sold by the state. Sec. 94. Whenever any purchaser of canal lands or lots, shall Non-payment of fail to pay the taxes assessed thereon, as required by the terms of lands, sale provided by law, it shall be the duty of the collector forthwith to report such failure to the acting commissioner of the Illinois and Michigan canal, who shall enter the said lands or lots as for- feited to the state, and thenceforth all right, interest and title of the said purchaser shall cease ; the said lands shall not in any case be sold for the non-payment of taxes, and any such sale, if made, shall be void. ******* Sec. 96. Persons paying taxes on lands advertised for sale for Payment of owts the taxes due thereon, previous to the sale, shall be required to mente'for^es. pay the costs of advertising, and all other costs which may have accrued up to the time of such payment. * * . * * * « * Sec. 98. No sheriff or deputy sheriff shall be eligible to the siieriff not to be office of county treasurer, nor shall any county treasurer hold the "^°'"'** r«>s"rer. office of sheriff or collector. Sec. 103. If any collector shall receive the taxes upon any Penalty for re- land or real estate, and shall knowingly include the same land or un^^v^^ "* real estate in the list of lands returned by him on which taxes P"**- 14 210 REVENUE. [DIV. 5. have not been collected, and the said lands shall be sold for the taxes thereon^ he shall be deemed guilty of a misdemeanor, and on indictment and conviction thereof, shall be removed from office, and shall, moreover, be liable to the party injured for aU damages. ******* CoUector not buy Sec. 105. No coUector shall, either directly or indirectly, be ^tor's war- permitted to take, buy, shave or receive, by himself or agent, any auditor's warrant or warrants, at less than the fuU sum due thereon to the holder of such warrant or warrants. Penalty for 80 Sec 106. Any collector, who shall violate the provisions of doing. ^jjg foregoing section, shall be liable to pay double the amount made by purchasing or shaving said warrants at less than their face, in an action of debt, before any court of the proper county ; one-half the amount so recovered, shaU go to the person complain- ing, and the other half shaU be paid into the state treasury, and his office shall be vacated. Payment of in- Sec. 107. Hereafter, the interest on the school fund belonging tereat on county jq ^j^g several couuties of this state, shall not be required to be paid into the state treasury ; but the auditor shall, as now required by law, ascertain the amount payable to each county, and certify the same to the collector, who shall thereupon pay over to the school commissioner of his county, such amount, and take his receipt therefot ; and on settlement with the auditor, the said col- lector shall be credited with the amount specified in said receipt, in the same maimer as if it had been paid into the treasury. DIV. 6.] BRIDGES — CENSUS. 211 DIVISION VI. MISCELLANEOUS PROVISIONS. BRIDGES. An Act to provide for the better protection of the public Bridges in this State. In force Feb. 20, ° 186*1. Section 1. Be it enacted by the people of the State of Illinois, Driving over represented in the General Assembly, That if any pei-son shall ride, J'^'Jf a ^ik'^pro- lead or drive any wagon, carriage, dray, cart or other vehicle ori^bited. conveyance, or any horse, mare, mule or ox, or other animal, over, on or across any public bridge, or any bridge used by the public, within the Hmits of tliis state, [faster than a walk,] he shall forfeit Penalty, and pay for each offence the sum of five dollars ; which penalty shall be collected, either before a justice of the peace, or by indict- ment in the circuit court of said county, as is now provided by °'"' p«>8«cute4. section one of an act entitled, " an act to amend chapter ninety- three of the revised statutes, entitled, ' roads,' " approved June 22, 1852. § 2. It shall be the duty of the commissioners of highways of Boards to be put each town, in counties under township organization, and of the "^ °° " ^^' county courts of all other counties, to cause boards to be placed upon the bridges across the principal streams in their respective towns. Said board shall be elevated, so as to be easily seen by travelers, and on each side of said boards shall be printed, in capital inscriptjon on letters, the words : " five dollars fine for leading or driving any *^"'^- beast faster than a walk on or across this bridge." § 3. This act shall take effect and be in force from and after its passage. Approved February 20, 186L • ' CENSUS.^ An Act to provide for taking the Census. Section 1. Be it enacted by the people of the State of Illinois, EnTuneratioii fnr represented in the General Assembly, That the enumeration of the "^ *°' inhabitants of this state for the year 1855 shall be taken in con- formity with the provisions of the nineteenth chapter of the revised laws of 1845, except that in counties having adopted the township Exception in orgranization, the board of supervisors shall appoint the commis- ^ountif? having . o ' ^ c township organi* sioners, whose duty it shall be to take the enumeration of the inhab- zation. itants of this state, and except also that the list of property provided for in the second section of said act shall not include the value of grain raised last year ; and also that the said commissioner appointed (1) For provisions in fall concerning CxNSUS, see Appendix, p. 243. 212 MISCELLANEOUS PROVISIONS. [div. 6. to take the census shall have the right to appoint one or more deputies under them, who shall take the same oath and perform ProTieo. ^jj^ same duties as their principals: provided, the county judge shall have the power of appointing the persons to take the census for the counties of Adams, Hancock and Henry. This act to take effect and be in force from and after its passage. Approved February 15, 1855. Each county a body politic. Style. Coimty commis- sioners' court. Election of coun- ty commission- ers. To be sworn. To draw lots for term of office. Term decided by lot drawn. COUNTIES AND COUNTY COMMISSIONERS* COURTS.' (From Chapter 27 of the Revised-Statutes.) Section 1. Each county which has heretofore been, or may hereafter be established in this state, according to the laws thereof, shall be a body politic and corporate, by the name and style of "the county of " and by that name may sue and be sued, plead and be impleaded, defend and be defended against in any court of record, either in law or equity, or other place where jus- tice shall be administered.'* Sec. 2. There shall remain, as at present established, in each county of this state, and shall be established in each county here- after created, a court of record, to be constituted, composed of three commissioners, elected by the people as hereinafter provided, to be styled "the county commissioners' court of county." Sec. 3. Such commissioners shall be elected as provided in chapter thirty-seven (title "Elections,") of the Revised Statutes. Previous to entering upon their duties they shall be sworn, before some justice of the peace, judge of the circuit court or clerk of the circuit court, faithfully to perform the duties of their office to the best of their knowledge and ability. Sec. 4. At the first meeting of such commissioners after they shall have been so elected and sworn, the clerk of said county com- missioners' court, shall prepare three tickets, upon one of which he shall write the words "one year" upon another the words '■Hwo years" and upon the other the words '■'■three years" which tickets so prepared shall be presented by said clerk with the writing there- on concealed, to such county commissioners, and each of said com- missioners shall draw one of said tickets. Sec. 5. The term of service of the commissioner who draws (1) The county conunissioners' court has been superseded under the new constitution by th^ county court, and its power transferred to the latter court. In counties adopting township organization, the officers of the county court are transferred to the board of supervisors ; this board, therefore, in determining their whole duty will have to look back through aU the statutes relating to the powers and duties of the county commissioners and county court. It being the object of this compilation to embrace aU the law remaining in force, applicable to township organization, including that which relates to the powers and duties of boards of supervisors, the entire chapter of the Revised Statutes concerning the county commissioners' court has been here inserted, without the omission of any portion thereof, as there may be some doubt as to what portion is repealed, or is inapplicable. (2) Statutes defining the boundaries of a county are public acts, and the courts are bound judicially to notice them. In an action qiiare clausumfregit proof that the trespass was com- mitted in the government section, township and range alleged, is sufficient, without proof, that such section wa.s in the county alleged. — Ross et al. v. Reddeck, I Scam., 73. The legislature can notaboUsh counties, and form their territory into one or more counties, nor take territory from one county and add it to another, nor remove a county seat, without submitting the act to a vote of the inhabitants aSectcvl by such changes. — The People ex reU T. MarshaU, 12 Ills., 391. PIV. 6.] COUNTIES AND COUNTY COMMISSIONERS* COURTS. 213 the ticket upon which is written " one year" shall expire at the end of one year ; the terra of service of the commi>sioner who draws the ticket upon which is written " two years" shall expire at the end of two years ; and the terra of service of the commissioner who draws the ticket upon which is written " three years" shall expire at the end of three years ; the result of which drawing shall be entered by the clerk upon the records of the court. SiiC. 6. The two preceding sections shall be deemed to apply To appiv to first only to commissioners elected at the first elections to beheld in •^'^"♦'."""of^o'"- counties hereafter to be organized. Thereafter in all puch new counties, as well as in all counties now organized according to law, one commissioner shall be elected at the general election i.. each year as provided in chapter thirty-seven, (title "Elections,") to supply the place of the commissioner whose term of office shall then expire ; it being intended that after such first election, each commissioner shall hold his office for the term of three years. Sec. 7. Whenever a vacancy shall happen in the office of vacancy in offlc« county commissioner by death, resignation or otherwise, it shall be how fiucr'""*"^ the duty of the clerk of the county commissioners' court of the county in which the vacancy shall happen, to issue his order to the judges of election in the diffi^rent precincts in said county, requiring them on a certain day not less than twenty days from the date of such order, to hold an election to fill such vacancy: provided, that if the term of service of the commissioner whose ProTiso vacancy is to be filled, would have expired within six months of the happening of said vacancy, it shall not be necessary ibr the clerk to order an election to fill such vacancy. Sec. 8. There shall be elected in each county, a county com- cieri' siiaJi be missioners' clerk, who shall hold his office four years, and until his «i"cted. successor is elected and qualified. In counties hereafter to be organized, they shall be elected at the first election of county com- Term o<" office, missioners, and in like manner every four years thereafter. In counties now existing they shall be elected at the periods and in the order of time by law established. Sec. 9. Each clerk so elected and qualified shall keep his office piace of keeping at the place of holding court for each county respectively ; and °^^- each and every clerk before he enters on the duties of his office, shall take an oath to support the constitution of the United States Oatu of office, and of this state, and the oath of office, in open court, and enter the same on record, and give a bond with good securities to the county commissioners, to be approved by them for the use of any person or persons injured, or for the use of the county if injured, in the penal sum of one thousand dollars, conditioned for tha faith- ful performance of the duties of his office. Sec. 10. The county commissioners' court of any county, cierk ma/ u may, for misconduct in office, gross neglect of duty, incompetency, remoTcd. or other good cause shown, to be entered upon the record of their said court, remove their clerk, whose office shall be considered vacant. , . . , Clerk pro r^m., in Sec. 11. Whenever, by reason of death, resignation, reraoval, case of yacancy. 214 MISCELLANEOUS PROVISIONS. [DIV. 6. or any other cause, the office of clerk shall beconK! vacant, the court may appoint a clerk, pro tempore, who shall perform the duties of such office until such vacancy shall be filled. Vacancy how Sec. 12. Such vacaucy shall be filled in the same manner as is filled. provided in section seven of this chapter, for filling vacancies in the office of county commissioner. Clerk to deliver Sec. 13. Every clcrk who shall refuse or neglect, after going books to sue- ^^j ^£ Qg^gg^ tQ deliver to his successor in office, all papers, books, moneys, and all and every thing appertaining to his office, shall forfeit and pay any sum not over five hundred dollars, and be Penalty. imprisoned any time not exceeding thirty days, ^t the discretion of the court before which he may be tried : such forfeiture and payment to be independent of, and in nowise discharging or dimin- ishing the obligation of his official bond. Deeds of convey Sec 3 4. All dceds, grants and conveyances, heretofore made, ance, how made. ^^ ^^^^^ ^^^^ ^^ hereafter made, and duly acknowledged and recorded, as other deeds conveying any lands, tenements or here- ditaments, to any county or the inhabitants of any county and their successors, or to the county commissioners, or to the county com- missioners' court, or to the governoi*, or any other person or per- ;".^f sons by whatever form of conveyance, for the use and benefit of '" '^ any county, shall be good and valid to all intents and purposes, to vest in such county in fee simple or otherwise, all such right, title, interest and estate as the grantor or grantors in any such deed or conveyance had at the time of the execution thereof, in the lands conveyed, and was intended thereby to be conveyed. Commissioner to Sec. 15. The county commissioners' court may, by their order ippoiS;e d?''^ "^^ to be entered on their minutes, appoint a commissioner to sell and dispose of any real estate of their county, and the deed of such commissioner, under his proper hand and seal, for and in behalf of such county, duly acknowledged and recorded, shall be sufficient to all intents and purposes, to convey to the purchaser or pur- chasers, all the right, title, interest and estate whatever, which the county may then have in and to the premises, so to be conveyed. Bonds for benefit Sec. 16. All notes, bonds, biUs, Contracts, covenants, agree- ^tiated for fonn ^^^"^8 or writings made, or to be made, whereby any person or persons is, are or shall be bound to any county or the inhabitants thereof, or the county commissioners, or county commissioners* court, or to the governor, or any other person or persons, in what- ever form, for the payment of money, or any debt or duty, or the performance of any matter or thing to the use of any county, shall be a* valid and effectual to all intents and purposes, to vest in the said county all the rights, interest and actions, which would be vested in any individual,* if any such contract had been made Suits on, how directly to him : suits may be commenced, sued and prosecuted prosecuted. thcreon in the name of said county, as is provided in the first sec- tion of this chapter, or in the name of tlie person to whom they are made, to the use of the county, as fully and effectually to all intents and purposes, as any person may or can upon like notes, bills, bonds, contracts, agreements or writings made to him. DIV. 6.] COUNTIES AND COUNTY COMMISSIONERS' COURTS. 211 Sec. 17. The county commissioners' court may appoint an Agents for county agent or agents, to make any contract on behalf of such county for J.j'^' '''-' "pp"'"'- erecting any county building, or lor any other purpose authorized by law. The contracts of such agent or agents, duly executed , for and on behalf of such county, shall be vahd and effectual to bind such county to all intents and purposes. Sec. 18. All actions, local or transitory, against any county, Actions asmnst may be commenced and prosecuted to final judgment and execu- ''i""' uteo'"" tion ki the circuit court of the county against which the action is brought. Any >action, local or transitory, in which any county shall be plaintiff, may be commenced and prosecuted to final judg- ment, in the county in which the defendant in such action resides. When any actioii shall be commenced against any county, a copy gernce of pro- of the summons shall be left with the clerk of the commissioners' •=*"**• court, either during the sitting of said court, or so as a term of said court shall intervene between the day of leaving a copy of such summons and the return day thereof. There shall always be ten days between the service and return of every such summons. In all actions brought by or against every county, the inhabitants of the county so sueing, or being sued, may be jurors or witnesses, if otherwise competent or qualihed according to law. Sec. 19. It shall be the duty of the county commissioners' court Oommigsionew of feach of the counties of this state, to take and order suitable and proper measures for the prosecuting and defending of all suits to be brought by or against tlaeir respective counties. Sec. 20. When any judgment shall be rendered against any Judgments oounty, it shall be the duty of the county commissioners' court to hlw°paid°"'' '^' order a warrant to be drawn on their treasurer for the amount of the judgment and costs; which warrant shall be paid as other county debts. Nothing herein contained shall authorize any ex- ecution to be issued against lands or other property of any county of this state. Sec. 21. All the counties of this state or which shall hereafter jurisdiction of be erected, which are or shall be bounded, or which may front on g™"''*^ "" "^* either the Mississippi or Wabash rivers, shall respectively have and exercise jurisdiction upon such rivers so far as the counties shall respectively be bounded by the rivers afoi-esaid; which juris- Cpncnrrent juris- diction shall be exercised concurrently by the counties aforesaid, with the contiguous states and territories bounded by said rivers, so far and to such extent as the said rivers shall foi-m the boundary of the counties aforesaid respectively ; and also the boundary be- tween this state and contiguous states or territories. Sec. 22. There shall be four sessions of the county commis- ^^^o^^c^^ sioners' court in each county in this state, to be holden at the usual place of holding courts, or at the office of the clerk, to commence on the first Mondays of March, June, September and December of each year, and continue six days, if the business shall not be sooner completed. Sec. 23. Two commissioners shall constitute a quonun to do Quorum. 216 MISCELLANEOUS PROVISIONS. [div. 6. Want of quorum, Special terras may be called. Jurisdiction of court. Issue writs. To procure county seals Judicial seal Style of process. May enforce wilts. Jurisdiction limited and restricted. business. Should a quorum not meet at any stated meeting of the said coux-t, then the said court shall be considered to be continued by law from day to day, if necessary, until four of the clock in the afternoon of the second day, and then if a quorum be not present for said court, the business therein to stand continued to the next court in course. Sec. 24. Should it be necessary to have a called court on any urgent business, then any one of the county commissioners shall have power to call said court, on giving the other two commission- ers five days' previous notice, and the clerk, before said special term of said court. Said special court shall have the same power and authority as when holding a stated court. Sec. 25. The said courts shall have jurisdiction throughout their respective counties in all matters and things concerning the county revenue, and regulating and imposing the county tax, and shall have power to grant licenses for ferries and for taverns, and all other licenses and things that may bring in a county revenue ; and shall have jui-isdiction in all cases of public roads, canals, turn- pike roads and toll bridges, where the law does not prohibit the said jurisdiction of said courts; and shall have power and juris- diction to issue all kinds of writs, warrants, process and proceed- ings by the clerk, throughout the state, which are necessary to the execution of the power and jurisdiction with which such courts are or may be vested by law. Sec. 26. It shall be the duty of the county commissioners in each county, as soon as practicable, to cause to be procured, all the necessary official seals that may be requisite in their respective counties ; and they shall be, and are hereby authorized to draw on the county treasurer for the expense of any such seal or seals, w4iich shall be paid for in the same manner as other county debts are paid. Sec. 27. The said court of each county shall have a judicial seal; and all warrants, writs, process and proceedings to be issued by said court, shall be sealed with said seal, bearing date the time they issue, and be signed by the clerk of said court. All such process shall run " I?i the name of the people of the state of Illinois" and may be executed and returned as other process, by the sheriff or any constable of the county. Sec. 28. The said court of each county respectively, shall have power and jurisdiction to compel and enforce by writ or writs of attachment, or other process, the orders, decrees or judgments of said courts respectively. Sec. 29. There shall be nothing contained or construed in this chapter, to give the said court any original or appellate jurisdiction in civil or criminal suits or actions, wherein the state is a party, or any individual or individuals, bodies politic or corporate, are par- ties; but said court shall have jurisdiction in all cases where the matter or thing brought before the said court relates to tlie pubuc concerns of the county collectively, and all county •uusiuessi and DIV. 6.] COUNTIES AND COUNTY COMMISSIONERS' COURTS. 217 the said court shall have power to punish for contempt, as other May puuish for courts may do, and have all the power necessary to the right exer- **"'**'"i'''- cise of the jurisdiction with which said court is or may be vested according to law ; and the clerks of said courts respectively, shall have the same fees, emoluments and perquisites of office, as are given to the other clerks of courts of this state by law, for the like services, or as may be given tliem by law. Sec. 30. It shall be the duty of justices of the peace, and of all Justices and other otficers, to account for, and pay over to the county comniis- toconmmsioners. sioners' court of the county within which such officer shall reside, at or before the December term of the said court, in each and every year, all sums of money recovered by fine, penalty or other- wise, Avhich by law is required to be paid into the treasury of the several counties in the same kind of funds received by them. Sec. 31. Any officer failing to comply with the foregoing sec- Penalty for faii- tion, shall forfeit and pay the sum of seventy-five dollars, with any "^ pay'^ov"" money by him not accounted for and paid over as aforesaid, to be J"oney. recovered by motion before the circuit court of the county wherein default is made, for the use of said county, together with the costs of said motion : provided, that the officer against whom the motion is made shall have notice thereof at least ten days before the first day of the terra at which such motion is made. Sec. 32. There shall be allowed to each county commissioner Compensadon in full for his services for eacli day's attendance in holding courts, of couunissioners the sum of one dollar and fifty cents, to be paid on the certificate of the clerk, out of any moneys in the treasury of the count}^, not otherwise appropriated. Sec. 33. That commissioner who shall be oldest in commission presiding com- shall preside at all meetings of the court. missioner. Sec. 34. It shall be the duty of the county commissioners' Commissioners to courts, in their respective counties, to prepare or cause to be erected, "^r^'* J"^- when, in the opinion of said court, the means of the county are such as to justify it, and where they have not heretofore done so, strong and substantial jails, so that prisoners may be confined there- in with safety; and the said commissioners are hereby expressly charged with the faitliful execution of this law, and they shall make report thereof respectively, to the circuit court, at the next To report to term in the county after the same shall have been done, and said •^"*"'* "'"^• report shall be entered upon the records of the said circuit court. Sec. 35. It shall also be the duty of the said county commis- To erect court sioners, in each county, to cause to be erected, when, in the opinion ^o"^- of said court, the means of the county are such as to justify it, a suitable court house in each of their respective counties ; and they contract to ei«^ shall have power to enter into contracts from time to time. with<=o'^*^<^'*^- any person or persons, in behalf of the county, for the erection of such court houses, or finishing any court house already begun, at any regular term of their court, or at any special term they may appoint. Sec. 36. The county commissioners' courts in each county, J^V^j^^*** conn* CO. 218 MISCELLANEOUS PROVISIONS. [div. 6. May lease rooms in court house not occupied by •fficers. Custody of court bouse. County lines. Size of counties. Statement of fis- cal concerns of county. Clerk to post Statement. Penalty. Appeals allowed. ProTiso. Appeal IxHid. shall have power to contract for and procure, for the use of their respective counties, whenever it shall become necessary, any lot or lots of land, whereon to erect such county buildings, and obtain deeds of conveyance to such counties, and to seU and convey the same when it shall become necessary, to any purchaser or pur- chasers, in the manner prescribed by law. Sec. 37. The county commissioners' courts of any county in this state are hereby authorized to lease such vacant room or rooms as offices, as may be in the court house of said counties and not occupied by and furnished for the sheriff, clerk of the circuit court, clerk of the county commissioners' court, and probate justice of the peace of said counties, for any term not exceeding one year, and for such rent or rents as they may think right and proper. Sec 38. The county commissioners of said counties shall have the care and custody of said court houses ; any law or usage to the contrary notwithstanding. Sec. 39. Hereafter, in all cases of division of any county in this state, by petition or otherwise, it shall not be lawfiil to eslabhsh any boundary line within less than ten miles of the seat of justice of the county to be divided. Sec. 40. Hereafter no county in this state shall be curtailed in its limits so as to reduce the territory to less than four hundred square miles, nor shall any county be created hereafter, the terri- tory of which shall contain less than four hundred square miles. Sec. 41. It shall be the duty of the commissioners' court of each county to cause a complete statement in writing of the fiscal concerns of the county to be made out at their March term, annu- ally, which shall specify the amount of money paid out of the county treasury during the preceding year, to whom paid, and for what purposes ; and likewise the amount of the county orders issued and unredeemed during the same year ; and the clerk of said court shall keep said statement posted up in his office for the period of one month at least, from the end of said term ; and for failing to perform this duty, he shall pay a fine of ten dollars. Each county commissioner who shall neglect to cause such state- ment to be made out, shall also pay a fine of ten dollars, to ha recovered by action of debt, at the suit of any individual, before any justice of the peace of the county ; one-half for the use of the county, and the other half with costs of suit, for the use of the person so sueing. Sec. 42. Any par ^- to a proceeding had before any county commissioners' court, who may feel aggrieved by the final decision, judgment or order of such court, shall be allowed to appeal to the circuit court of the county in which the decision, judgment or order may have been made : provided, the appeal be prayed during the term of the court at which the decision, judgment or order may be rendered: and, provided further, that the party praying appeals shall be required to execute bond, with good security, to be approved by the court, payable to such person, and with such conditions as the court shall require ; and after the execution of the appeal DIV. 6.] COUNTIES AND COUNTY COMMISSIONERS* COURTS. 219 bond, the clerk of the commissioners' court shall file with the clerk of the circuit court, a full and complete transcript of the record TranBcript of and proceedings of the court, together wath the appeal bond, and all original papers relating to the case ; and the clerk of the circuit court shall thereupon issue a summons against all parties interested Appeal summons. in the decision, judgment or order appealed from, as in cases of appeals from judgments of justices of the peace, and if a county be interested, the summons shall issue against the county commis- sioners of such county. Skc. 43. The circuit courts shall have jurisdiction to hear and jurisdiction of determine all such appeals, and shall give such judgment in respect V*"^"'' '^""^"* to the rights of the parties, as the commissioners' court should have given, and shall have power to make all such orders, and to issue all such process and notices as may be necessary to bring all per- sons interested before the court ; and on the trial of such appeals, the court shall proceed in all respects as is or may be required in the trial of other appeal cases in said court ; and the judgment of the court in the premises, shall be final and conclusive upon the parties, unless an appeal be taken to the supreme court. The said Appeal to su- ^ prciiic court. circuit court shall also have power to remand all such cases to the county commissioners' court, with directions to carry into effect, so far as relates to rights of parties, the judgment of said court : pro- Proviao. vided, that in cases so remanded, the circuit court shall make out and deliver a written opinion to be entered of record, and trans- mitted to the county commissioners' court. Sec. 44. The county commissioners' cousts of the several coun- rpb proof re- ties in this state, are hereby authorized and required, whenever the <=°raer'8 office, finances of any county in this state shall justify such expenditure, to cause to be erected a fire proof recorder's office, on some suit- able lot at their respective county seats, and pay for the same in the sami manner as court houses and jails are paid for : provided, Proyiso. that if the county commissioners' court of any county as aforesaid shall be of opinion that any one of the rooms unappropriated in their court houses respectively can be made fire proof, they shall be required and authorized as aforesaid to cause such improvements or additions to be made to any such room as will render the same fire proof ; in which said fire proof buildings or room, the records and office of county recorder shall be kept. Sf.c. 45. The provisions of the foregoing section may, at the other clerk's discretion of the county commissioners' court of any county in this offices, state, be deemed to apply to the ofiices of clerks of the county commissioners' and circuit courts, respectively. Sec. 46. In all cases when orders for money are issued by the County orders t« clerk of any county commissioners' court, in any county of this ^<=oun ersignea. state, upon the treasurer of such county, the said orders, before they are delivered to the person or persons for whose benefit the same is or are drawn, shall be severally presented by the clerk to the said treasurer, who shall personally countersign the same ; and shall also enter in a book, to be kept for that purpose, the date. 220 MISCELLANEOUS PROVISIONS. [bIV. 6. amount and number of each of said orders, and the name or names of the person or persons in whose favor such orders are drawn respectively. Blanks fiUed be- Sec. 47. No countj treasurer shall countersign any county rigned'""'*'^" order before the same is filled up, nor until he shall examine the recoi'ds of the court, and be satisfied that the order to be issued is warranted by the order of the county commissioners' court. Approved March 3, 184:5. Au Act authorizing County Commissioners' Courts to provide for the safe keeping and preserving all the Public Records belonging to said Counties^ Fire proof build- SECTION 1. Be it enacted hy the people of the State of Illinois, ings for records, represented in the General Assembly, That the respective county commissioners' courts of this state be, and they are hereby author- ized to erect, build and provide permanent fire-proof rooms, houses or vaults, for the purpose of placing therein and preserving from injury, damage, loss or destruction by fire, the records and docu- ments of their respectiVe counties. Approved March 3, 1845. [Amendatort to Chapter 2*7 of the Revised Statutes.] An Act to encourage the Apprehension of Horse Thievea. He-ward may be SECTION 1. Be it enacted hy the people of the State of Illinois, to>ves.^°' ^°^^ represented in the General Assembly, That it shall be lawful for the county commissioners' courts of the several counties in this state, by an order to be entered upon their records, to fix upon a sura, not exceeding fifty dollars, as a reward to be paid to any per- son or persons who shall hereafter pursue and apprehend, beyond the limits of the county where the offence shall have been comnait- ted, any person guilty of stealing any horse, mare or mule ; which reward shall be paid, on conviction of the thief, by the county in which the offence was committed : provided, that said reward shall not disqualify the person entitled thereto from being a witness. Approved February 26, 1845. [Amendatory to Chapter 27 of the Revised Statutes.] An Act to provide for the Apprehension of Fugitives from Justice. f (61.) Sec. I. Be it enacted by the people of the State of Illi- nois, represented in the General Assembly, That it shall be lawful for the county commissioners' courts of the several counties in this state, by an order to be entered upon their records, to fix upon a sum not exceeding one hundred dollars, as a reward to be paid to any person who shall hereafter pursue and apprehend, beyond the limits of the county where the offence shall have been committed, any person guilty of any felony or other high crime, which reward shall be paid by the county where the offence was committed, on DIV. 6.] COUNTY COURTS. 221 the conviction of the criminal : provided, nevertheless, that said reward shall not disqualify the person entitled thereto from being a witness. (62.) Sec. II. It shall be lawful for the county commissioners' courts of the several counties in this state, to enter an order upon their records, allowing to any person or persons, who shall have aided or assisted in the pursuit or arrest of any person or persons suspected or accused of any felony, or other high crime, committed in their county, such reasonable sum as said county commissioners shall deem just, to defray the expenses of the person or persons in aiding or assisting in the pursuit or arrest of such offender or offenders, in making such pursuit or arrest ; which sum so allowed, shall be paid out of the county treasury, in the same manner that other county expenses are paid Approved February 27, 1847. COUNTY COURTS. An Act conferring additional powers and jurisdiction on the County Courts. In force Fcbrust- Section 1. Be it enacted by the people of the State of Illinois, Additioanipoyf- represBnted in the General Assembly, That in addition to the powers ^'■'*- and jurisdiction vested in the county courts by the thirteenth section of the act entitled an act establishing county courts and providing for the election of justices of the peace and constables, and for other purposes, in all counties wherein township organization has been or may hereafter be adopted and in force, the said court shall have power to issue writs of ad quod damnum, and is hereljy vested with jurisdiction over all proceedings had therein ; which proceedings shall be had in manner and form and in accordance with the provisions of the seventy -first chapter of the Revised Stat- utes of 1845, and the orders and judgments of said court therein made shall have the same force and effect as the orders and judg- ments of the county courts in like cases in counties where town- ship organization has not been adopted. § 2. Said writ may be issued and proceedings had at any regu- writ issued lar term of said court holden for probate or county purposes. § 3. Tliis act to take effect from and after its passage. Approved February 11, 1853. An Act to amend an act entitled "An Act establishing County Courts, and providing for the election of Justices of the Peace, and Constables, and for other purposes." Section 1. Be it enacted hy the People of the State of Illinois, Terms of tba represented in the General Assembly, That in all counties in co^'^'y <^°"'^- this state which have adopted or shall hereafter adopt township organization, the December, March, June and September terms of the county courts shall commence on the first Mondays of said months respectively. Approved February 15;, 1855. 222 MISCELLANEOUS PKOVISIONS. [DIV. 6. Election of coun- ty treasurer. Oath of office. Form of oath. To give bond. Form of bond. COUNTY TREASUREBS AND COUNTY FUNDS. CFrom chapter 28 of the Revised Statutes. ) Section 1. There shall be elected in each county of this state, a county treasurer, who shall hold his office four years and until his successor is elected and qualified. In counties hereafter to be organized, they shall be elected at the first election of county com- missioners, and in like manner every four years thereafter. In counties now existing, they shall be elected at the periods and in the order of time by law established. Sec. 2. Each county treasurer, previous to entering on the duties of his office, shall take and subscribe the following oath, to wit: "I, A. B., treasurer of the county of ■ -, in the State of Illinois, do TKOsuier tokeep book. solemnly swear, (or affirm) that I will honestly and faithfully pay over to the proper officers and individuals authorized by law to receive the same, any and all current money, and other funds that may come into my possession by virtue of my office as treasurer of, the county of , and that I will not, directly or indirectly, exchange, lend or use any portion thereof, for the pur- pose of speculation, or will I appropriate or apply any portion thereof, tp my own use or benefit, or for the use or benefit of another, and that I will faith- fully and impartially, and to the best of my skill and judgment, perform the duties required of me by law as treasurer of the county of . A. B. Sworn to and subscribed before me this — day of , 18 — . C. D., Justice of the peace for county." Sec. 3. Each county treasurer, before he enters upon the duties of his office, shall also execute a bond, in such penalty and with such security as the county commissioners shall deem sufficient ; which bond shall be in substance in the following form, to wit : " Know all men by these presents, that we, A. B., principal, and C. D., and E. r., securities, all of the county of and state of Illinois, are held and firmly bound to the people of the state of Illinois, in the penal sum of dollars, for the payment of which well and truly to be made, we bind ourselves, each of us, our heirs, executors and administrators, firmly by these presents : signed with our hands, and sealed with our seals. Dated at , the — day of , 18. The condition of the above bond is such, that if the above bounden A. B. shall perform all the duties required bylaw to be performed by him, as treasurer of the said county of in the time and manner pre- scribed by law ; and when he shall be succeeded in office, shall surrender and deliver over to his successor in office, all books, papers, moneys and other things belonging to said county, and appertaining to his said office, then the above bond to be void, otherwise to remain in full force. Signed, sealed, and delivered ) n" T^'' r ° en TT )» f C. D., SEAL. m presence of G.H.' f E. R, [seal.] Src. 4. The county treasurers of the several counties in this state, shall each of them keep a book, in which they shall keep a regular, just and true account of all moneys and revenues received by them respectively, stating therein particularly in what kind of funds each particular sum was received, whether in gold, silver, county orders or any other funds authorized to be received as rev- enue, by the laws of this state. They shall also keep a regular, just, and true account of the time when, of whom, and on what DIV. 6. J COUNTY TREASURERS AND COUNTY FUNDS. - 223 account each particular sum in mon^, or other funds, may have been received by them. Sec. 5. They shall also keep a regular, just and true account Account of fumi of all moneys and funds paid out by them agreeably to law, stating P"''^"'''- therein particularly on what account each particular sum was paid out, to whom paid, the particular kind of money or funds paid out to each individual, and the time when such payment was made. The books and accounts aforesaid to be free for the inspection of any individual who may wish to examine the same. Sec. 6. No money, county orders or other funds shall here- Pay out on or- after be paid out of any county treasury in this state, except in '^*'''» ^niy accordance with an order or decree of the county commissioners' courts respectively, or by virtue of a law specifically directing such payment to be made. Sec. 7. It shall be the duty of the treasurers' of each and every to make report, county to report to the county commissioners' courts of their re- spective counties, at the regular terms of said courts, the amount of money, county orders, or other public funds, in their possession; also, the amount of money, county orders and other public funds received by them since their last reports. They shall also state in what report ehau said reports, the amount they may have received from each and **"'*• every source of revenue, by whom, on what account, in what kind of funds, and at what time the same may have been paid into the treasury. The said treasurers shall also report to the county com- missioners' courts of their respective counties, at the regular terms of said courts, regular, just and true accounts of all payments out of the treasury, stating particularly at what time, on what account, in what kind of funds, and to whom each particular sum was paid out. Sec. 8. The clerks of the county commissioners' courts of the Reports to t* several counties in this state respectively, shall number, file, and ^''^• carefully preserve the reports mentioned in the eighth section of this chapter and the said reports shall be free for the inspection of any individual who may wish to examine the same. Sec. 9. No clerk of any county commissioner's court in this state shall receive any money claimed by or due to either of the counties of this state, from any source whatever, whether on account of revenue, costs or fines, or from merchants, grocers, tavernkeep- ers, showmen, peddlers, or ferry licenses, or from any other source whatever. Sec. 10. No claim of any county, whether for revenue, costs ah moneys paid or fines, or for merchants, grocers, tavemkeepers, showmen, ped- "^^" dlers or ferry hcenses, or from any other source whatever, shall be considered as having been paid and satisfied until the money or other funds shall have been paid to the treasurer of such county, and his duplicate receipts had therefor, which receipts shall specify the kind of money or other funds in which the payments shall have been made; one of which receipts shall be presented to the clerk of the county commissioners' court of the proper county, which 224 MISCELLANEODS PROVISIONS. [div. 6. said clerk shall number, file and carefully preserve the same in his office, which aforesaid duplicate receipts, it shall be the duty of the treasurer to give to any person who shall pay into the county treasury any money or other funds as aforesaid. Sec. 11. The county commissioners' court of each and every county in this state shall, at their June and December terms in each year, settle with their county treasurer, and count the funds then in the treasury of their county; and the clerk of said court shall then enter on the records of said court the amount and kind of funds found to be in the treasury at the time. Sec. 12. Should the treasurer, at any such settlement, prove a defaulter, and be actually in arrears with the county, the county commissioners shall immediately dismiss him from office, and com- mence suit against him on his official bond. Sec. 13. If any state or county officer, school commissioner, or Settlement of treasurer. If defaulter. Embezzlement of public funds de- cisired felony. Punishment. Statement to be published. any other person charged by law with having the possession and the safe-keeping of any public money, auditor's warrants, county orders or other funds belonging to the state, or to any county in the state, or in any way pertaining to the school funds or any county or township therein, shall convert to his own use, in any way what- ever, or shall use, by way of investment in any kind of property or merchandize, or for his own use shall loan, with or without in- terest, any portion of the public moneys, auditor's warrants, county orders, or any other funds intrusted to him for safe keeping, dis- bursement, transfer or for any other purpose, every such act shall be deemed and adjudged an embezzlement of so much of said moneys, auditor's warrants, county orders or other funds, as shall be thus taken, converted, invested, used or loaned, which is hereby declared to be a felony. Any officer of the state, or of any county, or of any township, and all persons advising or participating in such act, being convicted thereof before any court of this state of competent jurisdiction, shall, in case the sum so embezzled, taken, converted, invested, used or loaned, be less than fifty dollars, be fined in a sum not exceeding two hundred dollars, or imprisoned in the jail of the proper county not exceeding three months, or both, at the discretion of the court before which such conviction ti shall be had; and in case the sum so embezzled, taken, converted, invested, used or loaned, shall exceed fifty dollars, then the said officer or other person so convicted, shall be fined in a sum double the amount of the sum so embezzled, taken, converted, invested, used or loaned, and confined in the penitentiary not exceeding ten years, nor less than one year: provided, however, that this chapter shall not be so construed as to extend to any public officer or agent who shall loan any school or other fund in pursuance of any of the laws of this state. Sec. 14. The county commissioners' courts of this state shall publish annually at their June terms, in a newspaper, if one is printed in the county, a full and perfect statement of the financial affairs of their respective counties, and if a newspaper is not pub- i DIV. 6.] COUNTY TREASURERS AND COUNTY FUNDS. 225 lished in said county, then the clerks of said courts shall post the same up in their respective offices, -which shall be kept there for the inspection of all persons, at all seasonable hours, who may desire to examine the same. Sec. 15. The county commissioners' court of any county in settlement may this state may at any time when any two of them think it for the ^^ ''*"*'^ '^^'^' interests of the people of their county so to do, call through their clerk upon the treasurer of their county for a settlement, and should said treasurer neglect or refuse to appear and make settlement as notified to do, said commissioners shall declare his office vacant, and proceed upon his bond as required to do in this chapter. Sec. 16. Should the county commissioners' court of any county Depreciated in this state be of opinion that the treasurer of their county has at ^^'^'^■ any time used the funds of said county when curx'ent, and replaced the same in depreciated funds, they shall have the power to ex- anahie said treasurer under oath as touching said transaction, and if it shall appear that he has parted with any current funds belong- ing to the county, and replaced the same with funds less valuable, they shall immediately dismiss him from office. Sec. 17. Should any county treasurer be dismissed from office vacancy how pursuant to the provisions of this chapter, it shall be the duty of the county commissioners' court to appoint some suitable person to fill the vacancy so occasioned, and the person so appointed, shall give bond and security as now required by law of county treasur- ers, and shall perform all the duties enjoined upon the county treasurer until one is elected and qualified. Sec. 18. If any clerk, county commissioner or treasurer of any Penalty for neg- county in this state, shall neglect or refuse to perform any of the '^ ° " ^ duties required of them by this chapter, they shall severally forfeit a sum of not less than fifty dollars, and not exceeding one thou- sand dollars, according to the nature and aggravation of the offence, to be recovered by indictment in the circuit court of the proper county, or by action of debt by any person who shall sue therefor, one-half to the person sueing, and the other half to the propei county. Sec. 19. Whenever any sheriff, coroner, constable, justice of Failure to pay . ,^1 •!• 1111" over tunas the peace or probate justice of the peace in this state, shall, aiter proper demand made, fail, neglect or refuse to pay over any sum or sums of money collected or received by such officer, in and by virtue of his office, his said office shall be forfeited and vacated. Sec. 20. Whenever in pursuance of the laws of this state, any Bemoval from of judgment shall be had or taken, against any sheriff, coroner, con- J^^*°;j%'j^^"^ stable, justice of the peace, or probate justice of the peace, for any failure, neglect or refusal of such officer, to pay over any sum or sums of money collected or received by him, in and by virtue of his office, and it shall appear to the satisfaction of the court, that proper demand for the same has been made, it shall be the duty of the court, or justice of the peace before whom such judgment is had or taken, further to adjudge and decree that the office of such 15 226 MISCEIXANEOUS PROVISIONS. [div. 6. »t par. Penalty to dis- •ount warrants officer, so failing, neglecting or refusing, as aforesaid, is forfeited and vacated, and such vacancy shall be filled as in other cases of vacancy, as is now provided by law. Auditor's war- ^EC. 21. The collectors of the state revenue in the several rants to pay taxes counties in this State, shall receive auditor's warrants in payment "*'" of any or all taxes due the state, in their respective counties, at par, and they shall not be pernaitted to take, buy, share or receive, directly or indirectly, by themselves or agent, any auditor's warrant or warrants, at less than the full sum due thereon, to the holder of such Avarrant or wan-ants. Sec. 22. For any violation of the provisions of the preceding section by any collector or collectors aforesaid, he or they shall be liable to double the amount so made by purchasing or shai-ing said warrants, at less than their face, in an action of debt, before any justice of the peace or court of record of the proper county. One half of all sums so collected to go to the person complaining, and the other half to go to, and form a part of the school fund of the county where such collector may reside. Sec. 23. It shall be the duty of the county treasurer, of any county in this state, whenever any county order is presented for payment, to indorse on the back of any such order, the time when the same was presented for payment ; and it shall also be the duty of the said treasurer, to set doAvn in a book to be kept by him for that purpose, the amount and date of all such county orders, to whom made payable, and the time when presented to the said treas- urer for payment ; and all county orders shall be paid according to their original dates ; and it shall be the duty of the county treas- urer, whenever any money comes to his hands, to set apart the amount of the order presented as aforesaid, wliich money shall be kept by the treasurer until called for ; and the said treasurer, when he goes out of office, shall deliver said book, containing a list of the county orders so presented, to his successor, who shall in all things act as though the entries of orders were made by himself. Approved March 3, 1845. Indorsement on county order. Orders paid ac- cording to date In force April 18, 1861. Treasurers to be elected in Noveni' ber, 1851, and bienially there- after. Acts repealed. An Act to amend the several acts relating to the election of County Treasurer. Section 1. Be it enacted hy the people of the State of Illinois y represented in the General Assembly, That county treasurers shall hereafter be elected on the first Tuesday after the first Monday in November, A. D. eighteen hundred and fifty-one, and every two years thereafter. § 2. So much of any and all laws now in force as provides that county treasurers shall hold their offices for the term of four years, is hereby repealed. Approved Feb. 17, 1851. DIV. 6.] DOGS — ESTRAYS. 227 DOGS. 1 An Act to amend chapter 30 of the Revised Statutes of 1845. In force February Section 1. Be it enacted hy the people of the State of Illinois, county courts represented in the General Assembly, The several county courts or""'*''*""''^''"'"™- boards or supervisors in the counties or tins state are hereby au- izc-a to tii ao-s. thorized and empowered to make and ordain, within their several counties, such taxes or other regulations as they may deem advisa- ble in relation to dogs. And after such orders or regulations shall be so made, any owner of a dog or dogs, who shall refuse or neg- lect to comply therewith, shall not recover for any killing or injury done to such dog or dogs, and shall also be liable, for such non- compliance, to a fine of ten dollars, to be recovered by indictment or action of debt, in the name of the county authorities, before ow^'r^renlHcrto any justice of the peace of the county ; and any net moneys aris- "iiey regulations, ing in any county, under the provisions of this act, may be set Fines, how ap- apart for the benefit of either the road, school or general fimd of ^"^"'"^ such county. § 2. This act shall be in force from and afler its passage. Approved February 20, 1861. ESTRAYS. An Act to amend chapter thirty-nine of the Revised Statutes, entitled " Estrays." Section 1. Be it enacted hj the people of the State of Illinois, Town cXerku to represented in the General Assembly, That the counties which have ^'^^'■^^'^ '"■^°' ^" adopted or shall hereafter adopt township organization, the tow clerk of every town thereof shall prot^ide a book for the purpose of registering the mark, brand and color of any animals enumer- ated in chapter fifty [thirty-nine] of the revised statutes, taken up as an estray, which book shall be open at all times to inspection by all persons interested therein, and shall be deemed a part of the records of said town. § 2. Any person who shall take up any estray according to Animals to be the provisions of the act to which this is an amendment, shall cause ^^'g*'^'*'' "^ ^^* to be registered in the book provided in the foregoing act, the marks, brand and color of said estray, within five days from the time of such taking up. § 3. This act to take effect and be in force from and after its passage. Approved February 15, 1855. An Act regulating the publication of Estray Notices, 21 *1861^*^™*'^ Section 1. Be it enacted by the people of the State of Illinois, ^^^''^l^^^'^^ *• represented in the General Assembly, That the estray notices now likemseinMun- required by law to be published in some newspaper designated by *y newspaper. the Governor, in the city of Springfield, shall hereafter be pub- (1) S«e Appendix, p. 245. 228 MISCELLANEOUS PKOVISIONS. [DIV. 6. lished also in some newspaper printed in the county in which said estray may be taken up ; said newspaper to be designated by the county clerk of said county ; and that hereafter the fee paid to the newspaper in Springfield for said publication be fifty cents, for each such notice, and the fee paid to the newspaper selected by the county clerk for each such publication, shall be fifty cents. * § 2. This act shall take eifect from and after its passage. Approved February 21, 1861. HIGHWAYS. Plank, Gravel and Macadamized Roads. By an Act approved February 21, 1859, entitled "An Act to pro- vide for constructing, maintaining and keeping in repair plank, gravel and macadamized roads or pikes by a general law," after providing for the organization of companies for the purpose of constructing such roads, certain powers are given to boards of supervisors and commissioners of highways, contained in the fol- lowing section : Plank road com- § 8. Such company may locate and construct said road or pike, pany may con- qj. ^^j pj^p^ thereof, upou any state or county road, by an agree- state or county mcnt witli the county court, or in counties adopting the township ment xnthfupJr- organization, with the board of supervisors or commissioners of Tisorsorcouimis- jijghifvays, in which said state or county road may be situated, or ways!^ ° '^ upon any street or alley or public ground, within the limits of any incorporate town or city, by an agreement with the corporate au- thorities of such town or city ; which said agreement with such county court, board of supervisors, commissioners of highways, or corporate authorities, shall be in writing, and filed and recorded in the county clerk's office of the proper county ; or may locate or construct such road or pike over any lands, owned and occupied by the state, and over any lands ov/ned by any individual or cor- poration, by voluntary cession or by purchase. It shall be lawful for such company to appropriate and use so much of said land, not exceeding one hundred feet in width, as shall be necessary for the proper construction of such road or pike, on complying with the six folio whig sections :^ In force Feb. 22, An Act to establish certain rules of evidence as to Highways, in Counties 1861. adopting township organization. Board of supevvi- SECTION 1. £e it enacted by the People of the State of Illinois^ 'if cad's toT'^ represented in the General Assembly, That it shall be lawful for the resurvcyed. board of Supervisors in any county to empower and authorize the county surveyor of said county, under the direction of the highway commissioners of each town, to survey, locate and plat the public Plat to be filed, highways of each town; and when such plat shall have been com- pleted, and approved by the highway commissioners, it shall be filed in the office of said town clerk, together with the minutes and (1) For provisions in full concerning EsiBATS, see Appendiz, p. 246. (2) Sess. Laws, 859, p. 1561. DIV. 6.] LAW OP THE ROAD. 229 reports of such survey, and be carefully kept by such town clerk, Expcni-c how as a part of his official records — the expenses of such proceedings ^''''*' to be paid out of the road fund, by each town. § 2. The said plat, minutes and report, or a certified copy of sun-eytobe the same, under hand and seal of the town clerk, shall be prima /'"""»/a<-'e evi- facie evidence that the road or roads therein described have been lawfully constituted a public higliway, § 3. The provisions of this act shall apply to ratify and confirm Former pm-pod- all proceedings heretofore had by any county or commissioners of '"^'* ''^S'^ii^tJ- highways and surveyor, in accordance with the provisions of the first section of this act, or by order of the town authorities. § 4. This act shall take effect and be in force fiom and after its passage. Approved February 22, 1861. An Act to amend the general Plank Road Law. Section 1. BeJt enacted by the People of the State of Illinois, Railroads autuor- represented in the General Assembly : That whenever it shciU be for'^con.SrU.'in necessary for the construction of any railroad on the line of any °" ''°« "f pi^nk plank road now constructed or hereafter to be con>tructcd by any company organized undtr the provisions of said law, said plank road company are hereby authorized to negotiate and transfer such plank road to said railroad company, upon the conilitions following: that before said transfer shall be made, the vote of a majority of the stockholders shall be given in favor of such tnmsfer, and fur- ther, that the consent of the county court of the county in which consent of board said plank road is situated, or board of supervisors shall first [be j J^^ ^^^'j|^'Pg|^°" '° granted, and entered upon the records of said court. § 2. This act to take effect from and after its passage. Approved February 12, 1855. LAW OF THE ROAD. (From Chapter 93 of the Revised Statutes, title " Roads.") Section 1. Whenever any persons traveling with any car- Carriages turn to riages, shall meet on any turnpike road or public highway in this " "'^ state, the persons so meeting, shall seasonably turn their carriages to the right of the center of the road, so as to permit each carriage to pass without interfering or interrupting, under the penally of renaity. five dollars for every neglect or offence, to be recovered by the party injured: provided, this section shall not be construed to apply to any case, unless some injury to persons or property shall ^'wai-8. nois, and which have not been vacated in pursuance of law, are hereby declared to be pubUc highways. 232 LOCAL AND SPECIAL PROVISIONS. [DIV. 7. DIVISION VII. LOCAL AND SPECIAL PROVISIONS. In force Februa- An Act to enable the Board of Supervisors of Boone County to levy anaddi- ry 19, 1859. tional Tax for certain purposes therein named. I'a^- Section 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the board of supervisors of the county of Boone may, at their annual meeting, levy a tax, not exceeding tv?o mills on the dollar, over and above the amount now allowed by law for county purposes ;#which shall constitute a fund, separate from the county revenue, and shall be appropriated either to the payment of the outstanding bonds of said county or the purchase of a poor farm and the erection of suitable buildings thereon, and for no other purpose, and shall cease when the afore- said objects have been accomplished. Special tax. § 2. Said Special tax shall be levied and collected in the same manner as other tax is. § 3. This act shall take effect from and after its passage. Approved February 24, 1859. Authorized to levy ta.\ for bridges. In force Februa- An Act empowering the Board of Supervisors of Jo Daviess County to levy ry IS, 1859. certain Taxes therein named. Section 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the people of the county of Jo Daviess, by their board of supervisors, be and are hereby authorized to levy a tax, of one mill upon the dollar, upon all tax- able property in said county, for the -purpose of erecting bridges and maintaining same in said county. Taxes to liqui- § 2. Be it ttlso enacted, That the people of said county of Jo date county debt j)r^viess, by their board of supervisors, be and [are] hereby author- ized and empowered to levy a further tax, of two mills upon the dollar, upon all taxable property, to be used as a sinking fund, for the purpose of liquidating the indebtedness of said county. § 3. This act shall be in force from and after its passage. Approved February 18, 1859. In force Februa- -A-^ A.ct to legalize certain Roads in certain towns therein named. ^rtain roads de- SECTION 1. Be it enacted by the people of the State of Illinois, tiared highways, represented in the General Assembly, That all roads in the town- ships of Belvidere and Flora, county of Boone, and state of Illi- nois, surveyed, located, platted by and under the direction of the highway commissioners of said townships, in the year eighteen hundred fifty-six, are hereby declared public highways. DIV. 7.] LOCAL AND SPECIAL PROVISIONS. 233 § 2. And that the record kept in the office of the clerks of said Record to be cvi- towns shall be evidence of the locations and establis-liing of said ''*""'*■ roads or highways in all courts having jiii-isdiction of subject mat- ters that may at any time or in any manner arise in reference to the said highways. § 3. And that all roads and parts of roads, in said towns, here- Roads vacated tofore declared vacated by said commissioners, be and the same are hereby vacated. § 4. And that said roads established by this act shall be sub- Maybe relocated, ject to alterations, relocations and vacations by the highway com- missioners of said towns, as other roads now are or may hereafter be. § 5. This act to take effect from and after its passage. Approved February 5, 1857. An Act to legalize the acts of the Commissioners of Highways in the town In force April 20, of Blooraingdalc, and county of Du Page. ^^"i- Section 1. J^e it enacted by the people of the State of Illinois, represented in the General Assembly, That the acts of the commis- sioners of highways for the town of Bloomingdale, in the county of Da Page, in surveying, laying out and establishing roads and public highways in said town, from April I7th, 1851, to February 12th, 1853, be and the same are hereby legalized and confirmed, so far as they have been opened and worked ; and all roads sm*- veyed, laid out and opened by them are hereby declared pubUc highways. Approved February 16, 1857. An Act to authorize the Commissioners of Highways of the town of Wayne, In force Febru*. in Du Page county, to alter the route of a certain state road. ""^ ^^'^ ^^'• Section 1. Be it enacted by the people of the State of Illinois, commis^oauis' represented in the General Assembly, That the commissioners of^"'^" highways of the town of Wayne, in Du Page county, are hereby authorized to alter the route of so much of the state road located through said town in the year 1819, by Elijah Wilcox, Augustus Adams and Luther Herrick, commissioners, as runs across section ^ five, in said town, whenever such alteration shall be petitioned for in the manner required by sections one and two of article four of the act to provide for township organization. § 2. The said commissioners of highways, in the exercise of iiow proceed, the authority conferred by this act, shall proceed in the same man- ner as is required by the laws now in force relative to the altera- tion of other roads, and appeals may be taken and prosecuted from orders made by them, either in relation to the alteration of said road or the assessment of damages, as in other cases, and (he super- visors to whom such appeals are taken shall be governed by the laws now in force relative to road appeals. § 3. This act to take effect from and after its passage. . Approved February 16, 1857. 234 LOCAL AND SPECIAL PROVISIONS. [div. 7. In force Feb. 12, An Act entitled " An Act to prevent Sheep and Swine from running at large 1853. in the county of Du Page." Penalty. In force Jan. 27, 1853. Penalty Section 1. Be it enacted hy the People of the State of Illinois^ represented in the General Assembly, That from and aftei* the first day of March next, it shall not be lawful for any person or persons, possessor or possessors of any sheep or swine, to allow them to run at large within the county of Du Page ; and if any person or per- sons, being the owner or owners, possessor or possessors of any sheep, Iamb or lambs, hog or hogs, shoat or shoats, pig or pigs, shall permit them or any of them to run at large within said county of Du Page, such person or persons shall forfeit and pay the sum of five dollars to any person or persons making complaint before any justice of the peace in the state of Illinois, to be collected as in action for debt before such justice of the peace, with the costs of the suit. » Approved February 12, 1853. An Act to prevent Sheep and Swine from running at large in Henry Will and Livingston Counties. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That from and after the first day of March next, it shall not be lawful for any person or persons, possessor or possessors of any sheep and swine, to allow them to run at large within the counties of Henry, Will, and Livingston and Lake ; and if any person or persons residing within said coun- ties of Henry, Will, and Livingston and Lake, being the owner or owners, possessor or possessors of any sheep, hog or hoijs, shoat or shoats, pig or pigs, shall permit them to run at large within said counties as aforesaid, such person or persons shall forfeit and pay the sum of five dollars per head to any person or persons making complaint before any justice of the peace in and for said counties, to be collected as in action for debt before such justice of the peace, with the costs of suit. Approved January 27, 1853. In force Feb. 16. An Act to amend an act entitled " An Act to prevent Sheep and Swine from 1859. running at large in Henry, Will and Livingston Counties," approved Jan. uary 27th, 1853, so as to extend the provisions thereof to the County of Lake. Act extended. SECTION ' 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the provisions of the act entitled "An act to prevent sheep arid swine from running at large in Henry, Will and Livingston counties," approved January 27th, 1853, be and the same are hereby extended to the county of Lake, to all intents and purposes, the same and as effectually as if said county had been originally embraced in the title of the above men- tioned act. § 2. This act shall take effect and be in force from and after its passage. , Approved February 19, 1859. "^ DIV. 7.] LOCAL AND SPECIAL PROVISIONS. 235 An Act to legalize the acts of the Commissioners of Highways for the county In force Feb. 21 of Iroquois, for the year lb57. 1*^9- Section 1. Be it enacted hy the People of the State of Illinois, Acts of the com- represented in the General Assembly, Tliat the acts of the coinmis-F'.''Y'°°^",°J sioners of highways, within and for the county of Iroquois, for the izeu. ^"'^ year A. D. 1857, be and the same are hereby legalized ; and that all roads located by said commissioners shall be deemed as lawful as if said commissioners had given public notice, as is now required by law ; and that in all cases hereafter, that petitioners for the location of any new road or the alteration of an old one, that com- missioners of highways require the petitioners, as aforesaid, to deposit with them a sufficient amount to defray the expenses of the Petitioners to de- view and survey of the proposed route ; and if the prayer of the Jll^foun't'to defray petition shall be granted, then and in that case said money shall be expenses of Tiew. refunded immediately to ♦the petitioners, and the township shall defray all the expenses for the services aforesaid : provided, the pro- ProvlBo. visions of this act shall not apply to the town of Loda, in said county. § 2. This act to take eflect and be in force from and after its passage. Approved February 21, 1859. An Act to amend the Township Organization Law. In force March 1, Section 1. Be it enacted hy the People of the State of Illinois, vacate or reiocat* represented in the General Assembly, That the commissioners of ^^^ '''^'^• highways in the several towns in the counties of Kane and De Kalb be and they are hereby authorized and empowered to alter, vacate or relocate any and all state roads that have been or may hereafter be located in their respective towns, and shall have the same power and control over state roads that they now or here- after may have over other roads under the township organization law. § 2. That sheep be permitted to run at large in Will county, Sheep, unless by vote of the people, at their town meeting in any town, it shall be otherwise determined. § 3^ This act to take effect and be in force from and after its passage. ' Approved March 1, 1854. An Act to repeal an Act entitled "An Act to prevent Swine and Sheep from ^ force Febmaiy running at large in Iroquois county, and for estabhshing and maintaining *"' ^'''"■ pounds in said county. Section. 1. Be it enacted hy the People of the Stale of Illi- nois, represented in the General Assembly, That the above mention- ed act, which was approved February 10th, A. D. 1853, be and the same is hereby repealed. ; § 2. The said county of Iroquois shall be governed by the act ' establishing township organization, so far as the regulation con- cerning the running at large of animals is concerned. § 3. This act is to be in force from and after its passage. Approved February 22, 1861. 236 LOCAL AND SPECIAL PROVISIONS. [dIV. 7. In force February An Act to require each town in Kankakee county to take care of its poor, 20,1861. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the several towTis, now created or that may be hereafter created in the county of Kankakee, be and they hereby are empowered and required to support all paupers residing within their respective limits, out of the treasury thereof. Diities of over- § 2. That the oversecrs of the poor of the towns aforesaid shall seers of the poor, ^^j,^ charge of, maintain and support the poor of their respective towns, in manner as is now or hereafter may be provided by law; and all expenses incurred for such maintenance and support shall be considered a town chai'ge, and it shall be the duty of said over- seers to present to the board of town auditors of their respective towns, at each regular annual meeting thereof, a true account of all expenditures incurred under the provisions of this act, which shall be audited and paid as other town charges are audited and paid. Non-resident § 3. If any person shall become chargeable, in any town of paupeiB. g^j^ county, in which he or she did not reside at the commencement of the thirty days immediately preceding his or her becoming so chargeable, he or she shall be taken care of by the overseers of the poor of such town ; and if such poor person was a resident of any other town of said county, within the thirty days aforesaid, then the overseer of the poor of the town having such poor person in charge shall give notice to the overseer of the poor where such pauper resides as aforesaid, stating that such pauper became charge- able as a pauper, and requesting said overseer to remove said pauper fortliAvith, and pay the expenses incurred in taking care of him or her. Revised Statutes, § 4. That the provisions of sections fourteen, fifteen and six- ^ teen, of chapter eighty, of the Revised Statutes, entitled " Paupers," shall apply to and operate, as between the several towns of said county, in the same manner as they do between the several counties of this state. And if any person shall become chargeable in any town of said county, who did not reside. in said county at the com- mencement of the thirty days as aforesaid, then the overseer of the poor, having such pauper in charge, shall give notice thereof to the authorities of the proper county, as in other cases; and the ex- penses of taking care of such paupers, when received from such foreign county, shall be paid into the treasury of the proper township. County poor § 5. All paupers at the county poor house shall, on the passage °"^' of this act, be taken by the keeper of the poor house to the several towns to which they belong, and delivered to the overseers thereof, and to be by them supported, as provided by this act. § 6. The electors of the several towns of said county, at their annual town meetings, may prescribe such rules and regulations, . for the support of paupers of their respective towns, as they may deem most expedient. § 7. This act to take effect immediately. Approved February 20, 18G1. DIV, 7.] LOCAL AND SPECIAL PROVISIONS. 237 An Act to prevent Sheep and Swine from running at large within the county in force April i of Mason. 1857. Section 1. Be it enacted by the People of the State of Illinois, Not lawful r- represented in the General Assembly, That from and after the first •'''^p ^mJ swine day of April, A. D. 1857, it shall not be lawful for any person or persons, possessor or possessors of any sheep, hog or hogs, shoat or shoats, pig or pigs, to allow the same to run at large within the county of Mason; and if any person or persons, being the own(ir or owners, possessor or possessors of any such sheep, hog or hogs, shoat or shoats, pig or pigs, shall permit the same to run at large within the county aforesaid, such person or persons, possessor or possessors shall forfeit and pay the siun of five dollars per head to any person or persons making complaint before any justice of the peace in and for said county, to be collected as in an action for debt before such justice of the peace, together wdth the costs of suit, and shall also pay all damage resulting from the running at large of such sheep or swine to the person or persons so damaged ; pro- ProTuo. vided, however, said sheep, hog or hogs, shoat or shoats, pig or pigs, shall not be considered as running at large while they remain upon the premises of the owner or owners, possessor or possessors of the same, not occupied by any other person or persons. § 2. The provisions and penalties of this act shall not «ipply to the owner or ownei's of sheep or swine running at large upon the unoccupied lands located in the Illinois river bottoms, the Sangamon river bottoms or the Salt creek bottoms, within the county of Mason aforesaid; and this act shall not be so construed as to prevent or in anywise interfere with persons driving sheep or swine to or from the market where such sheep or swine may have been bought or sold. § 3. This act shall be in force from and after the first day of April next. Approved February 14, 1857. An Act to legalize a certain record of the county commissioners' court of jn force FvTiru- Will county, establishing a certain road therein named. aiy 18, 1857. Section 1. Be it enacted by the people of the state of iffmois. Report of surray. represented in the General Assembly, That the record of a certain proceeding in the county commissioner's court of the county of Will, approving the report of a survey of a road from section number two, town thirty-seven, range nine east of the third princi- pal meridian, in the county of Will, to intersect the Naperville and Plainfield road, as the same is now recorded, be and the same is hereby established and confirmed and the said road declared to be Confirmed. legally layed, according to the said survey; and the board of super- visors are hereby authorized to direct the same to be opened whea- ever the public interest shall require. Approved February 18, 1857. , 238 LOCAL AND SPECIAL PROVISIONS. [div. 7. In force Febru- ary 18, 1857. CJomjnissioners of highways. Not to increase distance. An Act to authorize the commissioners of highways, in the respective towns, in the county of Peoria, to alter, change, relocate or discontinue certain roads therein named, and also for the survey and location of a certain roacl therein named. Section 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the commissioners of highways in any town in the county of Peoria are hereby author- ized and empowered to change, alter, relocate or discontinue the Peoria and Rock Island state road or the road from Brenfield to Rochester : provided, they do not materially increase the distance of travel on said road or roads or do not place said road or roads on worse grounds than now occupied : and, provided, they do not discontinue said road unless a majority of the legal voters residing within one and a half miles of said road, by petition requesting the same to be done. In force Febru- ary 18, 1857. Unlawful to run ftt large. PrOTlBO. Certain laws in- Applicable. An act to prevent sheep and swine from running at large in the counties of Stark, Putnam and McLean. 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 persons, possessor or possessors of any sheep or sheep, or hog or hogs, shoat or shoats, pig or pigs, to allow the same to run at large within the counties of Stark, Putnam and McLean ; and if any person or persons, residing in said countie§ of Stark, Putnam and McLean, being the owner or owners, possessor or pos- sessors of any such sheep or sheep, hog or hogs, shoat or shoats, pig or pigs, shall permit the same to run at large within said counties as aforesaid, such person or persons, possessor or pos- sessors, shall forfeit and pay the sum of five dollars per head to any person or persons making complaint before any justice of the peace in and for said counties, to be collected as in an action for debt, before such justice of the peace, together with the costs of suit : provided, however, said sheep or sheep, hog or hogs, shoat or shoats, pig or pigs, shall not be considered as running at large while they remain upon the premises of the owner or owners, possessor or possessors of the same, not occupied by any other person or per- sons. § 2. That so much of the sixth clause of the fourth section of the third article of an act entitled "An act to provide for township organization," approved February 17, 1851, as gives to the electors of each town in counties adopting township organization the power, at tlieir annual town meeting, "to determine the time and manner in which hogs and sheep shall be permitted to run at large," be and the same is hereby declared inapplicable to said counties of Stark Putnam and McLean, whether the same are now or may hereafter be organized under the provisions of said act. § 3. This act shall take effect and be in force from £,a4 afler the first day of April, 1855. Approved February 14, 1855. [DIV. 7. LOCAL AND SPECIAL PROVISIONS. 239 COOK COUNTY. An Act to amend an act entitled " An act to provide for township organiza- jn fy^ce Feb tion." ary 21, 1869™* Section 1. Be it enacted by the people of the State of Illinois, section amended. represented in the General Assembly, That the fourth section of article sixteenth of an act to provide for township organization, approved February 17, 1851, so far as is applicable to the county of Cook, be so amended that it shall require two-thirds of all the supervisors elected to appropriate money from the county treasury for construction of roads and bridges. § 2. This act shall take effect and be in force from and after its passage. Approved February 21, 1859. An Act to change the time of holding town meetings in the county of Cook, in force Febm- Section 1. Be it enacted by the people of the State of Illinois, Town meetings. represented in the General Assembly, That hereafter the annual town meetings in the county of Cook shall be held on the first Tuesday next after the first Monday of November in each year. § 2. The supervisor of each town in said county of Cook shall Board of election, be the moderator of the meeting, and shall, at the same time, be one of the board of election, now provided for by law. The town clerk shall also act as one of the clerks of the election, as also of the town meeting. In case the supervisor and town clerk, or either of them, should be absent, then the electors present shall choose from their number to fill the board of election, and the business of the town meeting, as also the election, for state, county, town and other officers shall proceed in all respects as if they were present. § 3. The town officers now in office in said county of Cook, xown offlcew. shall hold over until the next general election after their term of office, for which they were elected expires, and until their suc- cessors are elected and qualified. § 4. In the towns of North Chicago, "West Chicago, South Town meeting Chicago, and such other towns as may hereafter be created out of abolished, said towns, the town meetings now provided for by law, shall be abolished and the board of auditors, now provided for by law, and the assistant supervisors and ward supervisors shall constitute a board, who shall transact all the town business now provided by law to be transacted by the town meeting. § 5. The town officers for the towns of North Chicago, South Town officers. Chicago, and West Chicago shall be voted for by wards or election precincts, and the returns of the elections shall be made to the town clerk of said towns, who, calling to his a?;sistance two justices of the peaca of said county, shall canvass the votes and grant certifi- cates oi Section to the persons receiving the highest number of votes. "he judges of election appointed by the common council of the city of Chicago in each year, shall hold said elections. 240 LOCAL AND SPECIAL PROVISIONS. [DIV. 7. Returns. § 6. The board of election shall make returns to the county clerk for all the offices voted for, except the town officers, and shall declare who are elected town oflacers, as now provided lor by law. Special town § 7. Special town meetings may be held during the year 1859, aneetuigs. ^^ transact the business which the changing of the time for the annual town meeting by this act, may make necessary. § 8. This act shall take effect and be in force from and after its passage. Approved February 24, 1859. In force Feb. 11, An Act to authorize the Board of Supervisors of Cook County to borrow 1851. SupevTisors au tliorizeJ to bor row money. ProTiso. Mouey how appliu'.l. money. Sectiox 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly, That the Board of supervi- sors of the county of Cook, and their successors in office, be and they are hereby authorized and empowered to borrow upon the faith and pledge of said county, such necessary sum or sums of money, for any term of time, and at such rate of interest, paj^able at such place as they may deem expedient, not exceeding fifty To issue bonds, thousand doUars, and to issue bonds or scrip therefor, under the seal of the county court of said county, signed by the chairman of said boai'd of supervisors, or by his successor in office, and coun- tersigned by the clerk of said board, or his successor in office : pro- vided, that when any money is borrowed under the authority of this act, the time for the repayment of the same shall be so fixed so that not exceeding five thousand dollars of the principal so bor- rowed shall fall due in any one year. Any sum or sums borrowed under the authority of this act, shall be applied by the board of supervisors, or their successors in office, for the use and benefit of said* county, in the payment of the debts of the said county, and for the purchase of a lot or lots for a jail, and the erection thereof, in and for said county, for the repayment of any sum or sums so borrowed, with the interest upon the same. The said board of su- pervisors, or their successors in office, are hereby authorized to pledge the revenue accruing to the said county. § 2. The board of supervisors of said county, or their succes- sors in office, are hereby authorized and required to levy and col- lect a special tax upon all the taxable property in the county of Cook, sufficient to pay the accruing interest semi-annually, on any sum or sums they may borrow under the authority of this act, and to repay the principal as it may become due, at a rate of not ex- ceeding five thousand dollars in any one year. Said taxes shall be levied and collected at the same time and in the same manner that other taxes of said county are levied and collected, and when collected, shall be applied by said board of supervisors, or their successors in office, to the payment of the interest and the repay- ment of the principal of the money boiTowed under the authority of this act, and to no other use or purpose whatsoever, until the whole of the money so borrowed is paid up in full ; and the per- Special tax. DTV. 7.] LOCAL AND SPECIAL PROVISIONS. 241 sous loaning money to said county as aforesaid are to be in no way responsible for the faithful application or use of the money thus borrowed. Approved February 11, 1851. Au Act in relation to Town Meetings in Cook County. In forop February Section 1. Be it enacted by the People of the State of HHnois, import of tax represented in the General Assembly, That at any regular town 7"'^^ •*' ^'^ """**■ meeting, in any town of Cook county, except the towns of North Chicago, South Chicago and "West Chicago, where the legal voters shall vote a tax for any purpose, it shall be the duty of the town clerk of such town to report to the county clerk of said county, within five days thereafter, the amount of such taxes, voted as aforesaid ; and said county clerk shall forthwith enter the same upon the collector's book of such town, before the deliveiy of such cierk to pntoroo book to the collector ; and the tax so voted and levied shall be and <^''"e«'or « boot be held as a special fund for the purpose for which the same was voted. § 2. This act shall take effect and be in force from and after its passage. Approved February 21, 1861. 16 APPENDIX. [At the late special session of the Legislature, some important acts were passed affecting township organization. A further edi- tion of this compilation being called for, the compiler has thought proper to add in an Appendix those acts referred to, pa^ssed at the special session, which acts will be found under the head of "MiLl- TABY Affairs," in the Appendix; these relate, among other things, to the assessment and collection of taxes in certain cases, aad certain duties of boards of supervisors and township assessors. Several other acts of a general nature have likewise been added in this Appendix, being considered as important in rendering this compilation more complete.] CENSUS. (From Chapter Nineteenth of the Revised Statutes.) Section 1. An enumeration of the inhabitants of this state census taken shall be taken on the first day of July, one thousand eight hundred "^'^''^ ^'■'-' J*^"- and forty-five, and at the end of every five years thereafter. § 2. The enumeration shall be taken by commissioners, to be Taken by corn- appointed by the county commissioners' courts of the respective ■^Jniej*'^ '^^' counties. § 3. The enumeration of the inhabitants of any unorganized in unorganized county shall be taken by the commissioner of the county to which J^keu'** ^°^ such unorganized county is attached ; the table of enumerations in such counties to be kept distinct from each other. § 4. Before entering upon their duties, each of such commis^ commissioner to sioners shall file in the office of the county commissioners' clerk of take and file oath. his county, in substance the following oath: "I, A. B., do solemnly Form of oath, swear, that I will make a just and perfect enumeration and descrip- tion of all persons resident within the county of C, (and the county of D., thereto attached, when such is the fact,) and perform all other duties required of me by law, according to the best of my knowledge and abilities." § 5. Each commissioner shall commence taiking such enumera- when to com, tion on the first day of July in each year in which such enumora- "'cuce taking tion is required to be taken, and shall ascertain and set down in a book to be kept for that purpose, in a convenient tabular form, the following facts : the number each, of white males and females of 244 APPENDIX. What facts to as- ten years of age and under ; over ten and not over twenty ; over certain anc" —'■-- - - ■ , . , in a book. certain and enter ^^g^j^y ^nd not over tliirty ; ovcr thirty and not over forty ; over forty and not over fifty ; over fifty and not over sixty ; over sixty Number of males and not over seventy; over seventy and not over eighty; over twwn cel-'bdn^ eighty and not over ninety ; over ninety and not over one hundred ; «ges. over one hundred : also, the number of white male persons between the ages of eighteen and forty-five years, subject to military duty : Persons of color, also, each, of free male and female persons of color, of all ages ; French negroes of indentured or registered servants and their children ; of French and muiattoes. negroes and mulattoes held in bondage : also, the number of manu- Manufact«rers. factories of every kind, and the annual product of each kind ; the Coal miners. number and annual product of coal mines ; the value of live stock ; Agricultural and valuc of grains produced ; value of all other agricultural pro- other products, ducts ; the number of pounds of wool ; number of mills and dis- tilleries ; the number of universities or colleges ; academies and grammar schools, and common schools, with the number of pupils in each. F.n\imeration to § 6. " The Said enumeration shall be made by an actual inquiry iWiry".^^^*^*"*' ^t ^^^^ dwelling house, or from the head of each family, when the same can be conveniently done, or otherwise from the best in- formation that can be obtained, where there shall be no fixed place of residence, or the head of such family, or other person to be in- cluded in such enumeration, shall be absent from the county or state. Commissioners to § 7. Each of Said Commissioners, shall, on or before the first make returns of ^^j Qf October, of cacli year in which the enumeration is required census. .' • i n i i • to be taken, transmit to the secretary ot state, and to the commis- sioners' court of his county, his return, by him duly certified as correct, full and true, so far as he has been able to ascertain. He shall also transmit to the adjutant-general of the state a certifi(?d statement of the number of persons subject to military duty. Shall give tota. Such Commissioner in his report shall at the foot of each coluliin, itante.'''^°^''^''^'list or class, give the total number or amount, and shall give the aggregate number of all the inhabitants of the state. Commissioner § 8. Each Commissioner failing or neglecting to make proper tunw^*"™*"^^®*-^^"^' ^^ aforesaid, or making a false return of the enumeration to the clerk of the county commissioners' court of th6 county, to the secretary of state, and adjutant-general, within the time limited Penalty therefor, by this chapter, shall forfeit the sum of three hundred dollars, re- coverable in the circuit court, of the county where such offence shall have been committed, by action of debt, information or in- dictment ; the one-half thereof to the use of the informer, and the Judges to give Other half to the county. And for the more effectual discovery of Soiu'n charge^ ^^^^ offcnccs, the judgcs of the several circuit courts, in this state, to grand juries, at their next term to be held after the expiration of the time al- lowed for making the returns of the enumeration hereby directed, shall give this chapter in charge to the grand juries of their re- spective counties, and shall cause the returns of the commissioner to be laid before them, for their inspection. DOCxS. 245 § 9. Each person, whose usual phxce of abode shall be in any whoahniiboroQ. family, on the said first Monday in July, in the year of our Lord, 'If;;™']' ""'' '"^- one thousand eight hundi-ed and lorty-five, and on the hrst Monday i>er8of ikmiii^. in July, every fiftji year thereafter, shall be returned with the members of such family ; and the name of every person who shall be an inhabitant of any county, or the attached part thereof, with- out any fixed place of residence, shall be inserted in the county in which he or she, shall be on the said first Monday in July ; and every resident person who shall be absent from the county or stale, who conaiaered at the time of taking any such enumeration, shall be set down as '■"*''^''"'^- belonging to the place where he or she, usually resides in this state. § 10. Each free person, over the age of sixteen years, whether iieads of famiiioa heads of families or not, belonging to any family within any county, d"^;u-^o'iliut*'o^i' "' made or established in this state, shall be and hereby is obliged to pewons in family, render to the commissioner appointed in said county, if required, a true account, to the best of his or her knowledge, of every pei-sou belonging to such family, respectively, according to the several descriptions aforesaid, on pain of forfeiting twenty dollars, to be Penalty for refus- sued for and recovered, by action of debt, by such commissioner, "''^' for the use of the proper county: provided, that in all cases where Proviso as uymm. any such fine shall be assessed against any minor or minors, the*'" same shall be paid by his, her or their parent or guardian ; and in case of his or her refusal to pay the same, an attachment may be issued to enforce the payment thereof. § 11. Each of said commissioners shall receive at the rate of compensjuion of two dollars for every hundred persons returned, for the first two '-'«"'"'^'""<'''''- thousand ; at the rate of one dollar and seventy-five cents for each hundred persons returned, over two and not exceeding three thou- sand ; at the rate of one dollar and fifty cents for the fourth thou- sand ; at the rate of one dollar and twenty-five cents for the fifth thousand ; and at the rate of one dollar for each hundred over and above five thousand ; to be paid out of the state treasury, out of Compensation to ■,..-, be paid out of any moneys not otherwise appropriated. state trwuury. § 12. The seci-etary of state shall receive and file such returns SeorL-ttry of ctata in his office, and return the same to the speaker of the house of return t<. spe;iker representatives, on or before the second day of the next session "*^j|'j^'(V'^j,!_'' '^■'"*" after such enumeration is made ; and the adjutant-general shall file the returns to be made to hun of the number of persons subject to militia duty, as aforesaid, in his office ; and shall immediately there- after make out a statement of the whole number of such persons, and report the same to the secretary at war of the United States. Report to the ?ec- 4 1 •»%■ in-injr- letarv ot war. Approved March 3, 1845. DOGS. An Act pi-oviding for the payment of damages done by Dogs. J^ n "^ itSM?**'"*^ Section 1. Be it enacted hy People of the State of Illinois, Ovmerihxbio. represented in the General Assembly, That the owner of any dog or dojjs shall be liable in an action on the case for all damages that 246 APPENDIX. may accrue to any person or persons in this state, by reason of such dog or dogs kiUing, wounding, or chasing any sheep or other domestic animal, belonging to such other person or persons ; and when the amount of such damages does not exceed one hundred dollars, the same may be recovered by an action before a justice of the peace. Authorize to kiu. § 2. If any pesrson shall discover any dog or dogs in the act of killing, wounding, or chasing sheep in any portion of this state, or shall discover any dog or dogs under such circumstances as to satisfactorily show that such dog or dogs has been recently engaged in killing or chasing sheep, for the purpose of kiUing them, such person is authorized to immediately pursue and kill such dog or dogs. This act to take effect from and after its passage. Approved February 11, 1853. ESTRATS. (From Chapter Thirty-ninth of the Revised Statutes.) Persons taking up SECTION 1. Every person who shall take up any estray horse, prowed.^""^ *° mare, colt, mule or ass, after having given not less than ten nor more than fifteen days' notice, by posting up notices in three of the most public places in the justice's district in which he resides, shall take the same before some justice of the peace of the county where such estray shall be taken up, and make oath before such justice, that the same was taken up at his or her plantation or place of resi- dence in said county, and that the marks or brands have not been altered since the talcing up. Justice to appoint § 2. The Said justice shall then issue his warrant to three dis- appraisers. interested housekeepers in the neighborhood, unless they can other- wise be had, causing them to come before him to appraise said Appraisers to be estray, after they or any two of them being sworn to appraise such ^^'°'^°' estray, without partiality, favor or affection ; which appraisment, together with the marks, brands, stature, color and age of such Description to be horsc, mare or colt, mule or ass, shall be entered in a book to be *^a!^^'^^'^^'^^^^^'^'^^V^ V s^ch justice, and certified under his hand, and transmitted to the clerk of the county commissioners' court of such county, within fifteen days after the same is taken up. Proceedings in § 3. Any person who shall take up any head of neat cattle, case of estray cat- , , ,/>,!• • >i,- -i- tie, sheep, hogs or sheep, hog or goat, after having given the notice required in sec- 8°8'*8- tion one of this chapter, shall go with some householder before a justice of the peace of the county, and make oath before him as is required in taking up an estray horse, mare or colt, mule or ass, and then such justice shall take from such housekeeper, upon oath, a particular description of the marks, brands, color and age of every such neat cattle, sheep, hog or goat, and said justice shall cause the said estrays to be appraised, in like manner as is required to be done in case of a horse, mare or colt, mule or ass ; which descrip- tion and valuation shall be entered by such justice in a book to be ESTRAYS. 247 kept by him as aforesaid, and by such justice transmitted to the clerk of the county commissioners' court of the county, to be by him kept as before directed : provided, that in all cases where the value of ProvUo as to such neat cattle, sheep, goat or hog, does not exceed five dollars, ^'^"*" said justice shall not be required to make a return to the clerk as aforesaid ; but shall enter in his estray book the description and appraisement value of such sheep, hog or goat, and advertise the same in three of the most public places in his neighborhood. § 4. Every such clerk shall cause a copy of such description cierk to poAtcopy and valuation of every neat cattle, sheep, hog and goat returned to^^'|^j'j"''''°°''°** him, to be publicly affixed at the court house door of his county, within five days after the same shall be transmitted to him as aforesaid, for which he shall receive the same fee as for entering the same in a book. § 5. If two or more estrays of the Same species, are taken up Two or more ps- by the same person at the same time, they shall be included in one d™i''in'8ame"^pn- entry and one advertisement, and in such case, such justice and'^y. clerk shall receive no more pay than for one of such species. § 6. No person shall be allowed hereafter to take up and post Time of taking up any head of neat cattle, sheep, hog or goat, between the month of ** '*^*' April and the first day of November, unless the same may be found in the lawful fence or inclosure of the taker up, having broken in the same ; and for a reward of taking up, there shall be Reward and paid by the owner, one dollar for every horse, mare or colt, mule*^ "^^ " or ass ; and for every head of neat cattle, fifty cents ; and for every hog, sheep or goat, twenty-five cents, together with all reasonable charges. § 7. Proof of the giving of notice as required in the first and P'??'' "■ »"•"< I10tlC6 uOW QllidG. third sections of this chapter, may be made by tlie oath of the person advertising, or a credible witness, previous to the appraise- ment. § 8. If the owner of any such animals shall prove and take Charges when them away, before the appraisement thereof, he shall pay to the app'raisement. person who has care of the same, all reasonable charges for taking up and keeping the same. § 9. It shall not be lawful for persons taking up estrays, to use Not to use before the same previous to advertising them, unless it be to milk cows, ^^'■'**'°k- and the like, for the benefit and preservation of such animals. § 10. It shall be the duty of the clerk of the county commis- AdTertisemont or sioners' court when the description and valuation of any estray or'S.st'o°WR'?nt'' herse, mare or colt, mule or ass shall be transmitted to him by the ^ P«biic printer, justice as aforesaid, and in ten days thereafter make out a copy thereof, and transmit the same to the public printer of the state, and indoi'se thereon, " Estray papers," together with the sum of one dollar, to pay the said printer ; which sum the taker up is re- Fee, one dollar, quii'ed to deposit with the clerk prior to the expiration of said ten days. It shall be the duty of the public printer to publish said ad- Duty of public vertisement, and transmit one copy of each number of his paper P"^**'- to each of the clerks of the county commissioners' court of the 248 APPENDIX. several counties of this state, free of charge, which shall be regular- ly filed by said clerks in their respective offices for the examina- tion of those who may desire it. After one year, § 11- And if no owner appear and prove his property within SiieTup^*^^*^"* one year after such pubUcation, the property shall be vested in the taker up ; nevertheless, the former owner may, at any time there- after, by proving his property, recover the valuation money, upon payment of costs and all reasonable charges. Pcuaity for dis- § 12. And if any person shall trade, sell, or take away any posii;gote3traj-8. g^^jj estray or estrays out of the state, for any purjjose whatever, before the expiration of said one year, he or she so offending, shall be liable to indictment in the circuit court of the proper county, and on conviction thereof, shall be fined in a sum double the value of the property, one-half to the owner thereof, and. the other half to the county treasury ; and when the owner of any estray head of neat cattle, sheep, hog or goat, does not prove his property within twelve months after the same has been pubHshed at the door of the When estray does court liouse as aforesaid, and when the valuation does not exceed value" tiT?do^. fi^^ dollars, the property shall be vested in the taker up ; but when the valuation shall exceed five dollars, and no owner appeal' within the time aforesaid, the property shall also be vested in the taker Former owner up ; nevertheless, the former owner may, at any time, by proving tSL'^"^'''^ his property, recover the valuation thereof, upon payment of all reasonable costs and charges ; and if the taker up and the owner Charges how set- can not agree upon the charges, they shall call upon three disin- t.ed upoLL terested householders, whose decision shall be binding on both par- ties ; and it shall not be lawful for any person to take up any estray, (except such as shall be hereinafter excepted,) unless he shall be a freeholder or'a housekeeper. Estray horse, § 13. Any person finding a stray horse, mare, colt, mule or ass, ^yhh°ut"'thl°se^ running at large without any of the settlements of this state, may •tiemcnt3. take Up the same, and shall immediately take such estray or estrays before the nearest justice of the peace, and make oath that he has not altered the marks or brands of such estray, since taking up ; and if such taker up shall be a freeholder or housekeeper within Proceedings to that Qounty, it may and shall be lawful for him, to post such estray ^appraise. ^^ estrays as hereinbefore directed in this chapter, as if the same had been taken up on his plantation or place of residence ; and when the taker up shall not be qualified as aforesaid, he shall take the oath before required, and deliver such estray or estrays to the said justice, who shall cause the same to be dealt with as directed by this chapter. When estray shau § 14. If no owncr appear to prove his property within one bidde^'^^^^^^V^^r' such estray or estrays shall be sold to the highest bidder, giving public notice of such sale twenty days previous thereto, the purchaser giving a bond and approved security, payable to the county commissioners' court of the county where such estray shall fnTthe'^c^nty be taken up ; and after paying the taker up all reasonable charges, treasury. ^q baiance ishall be put into tke county treasury by the said jus- ESTRAYS. 249 tice, who shall take a receipt for the same from the county trea- surer ; nevertheless, the former owner, at any time within two years after taking up, by proving liis property before the clerk of Owner may have the county commissioners' court of said county, or before "the ju3-^^u^fy"^,''j'^p,,. tice of the peace before whom the property was taken up, and ob- >"« proporu taining a certificate thereof, from the clerk of said court or justice of the peace, to the treasurer, shall receive the balance aforesaid. § 15. And when any justice of the peace shall fail to pay any Penalty whou money for any estray or estrays to be sold agreeably to this chap-'}^y'™o!Ij"i^to'*' ter, into the county treasury, within three months after selling such '^e touuty trcar estray or estrays, such justice shall forfeit and pay the sum of twenty dollars, with costs, to be recovered by action of debt, before any justice of the peace of the county, or other court having jurir- diction thereof, the one-half for the use of the county, and the other half for the use of any person suing for the same ; and more- over, be liable to pay the price of such estray or estrays, with in- terest thereon. § 16. If any estray or estrays, taken up as aforesaid, shall die when a-tny uie» or get away before the owner shall claim his or her right, the taker up^ouLijie. " up shall not be liable for the same ; and if any person shall take up any estray or estrays, at any other place within the inhabited parts of this state than his or her plantation or place of residence, or without being qualified as required by this chapter, he shall for- Penalty when feit and pay the sum of ten dollars, with costs, recoverable before ^t^^wi'thoi"'^ any justice of the peace of the county where the offence shall have b<»°g (luuiitieu. been committed, and not having property sufficient to pay such fine, he shall be liable to be confined one month in the jail of the county where he may be found, being found guilty of such offence accord- ing to law ; and any person taking up any estray or estrays out of the limits of the settlements of this state, and failing to comply with the requisitions of this chapter, shall be liable to the same penalties ; and if any person, taking up any estray or estrays of any species, fail to comply with the requisitions of this chapter, he Penalty where shall, for every such offence, forfeit and pay to the informer, the ^mpiy with pro- sum of ten dollars with costs, recoverable before any justice of the ^"^^"^ '^"' county where such offence shall be committed ; one half to the use of the county, and the other half to the use of the person suing for the same. § 17. If any person or persons shall hereafter stop or take "P^'"^^f "■ any keel or flat boat, ferry flat, batteau, pirogue, canoe, or other vessel or water craft, or raft of timber, or plank found adrift on any water course within the limits or upon the borders of this state, and the same shall be of the value of five dollars or upwards, it shall be the duty of such person or persons, within five days there- Proceedinjrsjn after, (provided the same shall not before that time be proven and*^*^° restored to the owner,) to go before some justice of the peace of the proper county, and make afladavit in writing, setting forth the exact description of such vessel or craft, when and where the same was found, whether any, and if so, what cargo was found on board,' 250 APPENDIX. and that the same has not been ahered or defaced, either in whole or in part, since the taking up, either by him, her or them, or by any other person or persons, to his, her or their knowledge ; and the said justice shall thereupon issue his warrant, directed to some constable of his county, commanding him forthwith, to summon Justice to appoint three respectable householders of the neighborhood, if they can not appraisers. Otherwise be had, whose duty it shall be, after being sworn by said Duty of apprais- justicc, to proceed without delay to examine and appraise such boat *'*■ or vessel, and cargo, if any, and make report thereof, under their hands and seals, to the justice issuing such wai-nint, who shaU en- ter such appraisement, together with the affidavit of the taker up, Duty of justice, at large in his estray book ; and it shall be the further duty of said justice, within ten days after the said proceedings shall have been entered in his estray book as aforesaid, to transmit a certified copy thereof to the clerk of the county commissioners' court of his county, to be by him recorded in his estray book, and filed in his office. When boat shaU § 18. In all cascs where the appraisement of such boat or Water be advertised, craft, including her cargo, shall not exceed the sum of twenty dol- lars, the taker up shaU advertise the same on the door of the court house, and in three of the most public places in the county, within ten days after the justice's said certificate shall have been entered on the records of the county commissioners' court ; and if no per- son shall appear to prove and claim such boat or water craft within After six months, six months from the time of taking up as aforesaid, the property in Ster up ^^'^ "* *^^ ^^^^ ^^^^ ^^** i" ^^^ ^^^^'^ ^P ' ^^^ ^ ^^^ value thereof shall exceed the sum of twenty dollars, it shall be the duty of the clerk of the county commissioners' court, within twenty days from the time of the reception of the justice's said certificate at his office, to cause an advertisement to be set up on the door of the court house, When advertise- and also a notice thereof to be sent to the pubhc printer as afore- °ubii/hed^ b^ ^^^*^' ^^^ shaU pubUsh the same as aforesaid ; and if the said ves- pubUc printer, sel be not claimed and proven within six months from said adver- tisement, the same shall be vested in the taker up ; nevertheless, Former owner the former owner may, at any time thereafter, recover the valua- veaueS^'rOTL^ tion money by proving his property and allowing to the taker up a reasonable compensation for his trouble, and costs and charges. Fees and compen- § 19. In all cascs where services shaU be performed by any ehapter'"^^^ ''^^ officers or Other person or persons under this chapter, the following fees or compensation shall be allowed, to wit : to the justice of the peace for administering oath to the taker up or finder, making an entry thereof, with the report of appraisers, and making and trans- mitting a certificate thereof to the clerk of the county commis- sioners' court, fifty cents ; to the clerk or justice for taking proof of the ownership of, and grahting a certificate of the same, twenty- five cents ; for registering each certificate transmitted to him by any justice as aforesaid, twelve and a half cents ; for advertise- ments, including the newspaper publications, fifty cents in addition to the cost of such pubhcation ; to the constable for each warrant BO served on appraisers, twenty -five cents ; and to each appraiser HORSES. 2";1 the sum of twenty-five cents ; which said fees t^hall be paid by tlie taker up to the person entitled thereto, whenever said services shall be rendered. All which costs and charges shall Ije reimbursed Cosuand chaniw to the taker up or finder, in all cases wliere restitution of the'"'*'^^'""***- property shall be made to the owner, in addition to the reward to which such person may be entitled for tjiking up as aforesaid. § 20. If any person shall act contrary to the duties enjoined by penalty when this chapter, for which no penalty is hereinbefore pointed out, the p«'*o'^ait/on- person so offending shall, on conviction thereof, forfeit and pay for chapter, every such offence, not less than five nor more than one hundred dollars, to be sued for in the name of the proper county, before any justice of the peace or other court having cognizance thereof. Approved March 3, 1845. HORSES. (From Chapter Forty-nine of the Revised Statntes.) Section 1. It shall be lawful for any person to take up any stoned horws stoned horse that may be found running at large out of the in- running »' i^nre, 1 n ^t 1 1 1111,. may be taken up. closure or the owner or keeper, more than one year old, and shall give notice thereof to the owner or keeper; and if such owner or NoUce toowner. keeper shall not take away or secure the same, allowing him one day for every fifteen miles he may reside from such taker up, the tiiker up shall take or show the same to a justice of the peace Proceedings when within the county, and if it shall appear to such justice, that paid'^"'^'*"***'*''®"' horse is more than one year old, he shall issue his waT-rant to some person skilled in the business, to geld such stoned horse ; or the same may be shown by the taker up, to any horse farrier, or other person of the county, well skilled in Ae age of horses ; and if, upon view and examination, the horse shall be considered of the age of one year old, the person so examining, if he be skilled in the business, may geld and alter the same ; if not, he shall give a certificate relative to the age thereof, and the taker up may then take said horse to some person skilled as aforesaid, and have the same gelded, and in performing the operation, reasonable care shall be taken to preserve the life of the animal ; but should the owner when horse ?han not be known to the taker up, he shall advertise the same in three ** advertised. of the most public places in the county for ten days, giving a true i description thereof; and if no o%vner or person on his behalf, shall, by that time appear and take charge of said horse, such taker up may proceed as above directed, and have the same gelded ; and the owner shall pay to the taker up the sum of two dollars, together i with reasonable charges for advertising and keeping the same, if charges how t the same be advertised, and the person altering shall be paid by p"*^- . the person applying to have the same done. § 2. It shall not be lawful for any person to alter any horse Horses acdden- that is known to be kept for covering mares, which may accidentally ghafi be ret^^ break out of, or from the possession of the owner or keeper, andt^^ieo^e'- be found running at large ; in that case the same shall be takeu 252 APPENDIX. to the owner or keeper, without unnecessary delay, and the owner or keeper shall thereupon pay such person, so taking up and de- hvering the said horse, the sum of two dollars; and should the Expenses and trouble and expense of taking up, keeping and delivering, be ex- troubie, huw traordinary and great, a further and liberal sum shall be paid by the owner or keeper of such horse to the person so taking up and delivering , but if the owner or keeper of any stoned horse, whether Penalty for wU- he be kept for covering mares or not, shall negligently or wilfully fully suffering guffer the samc to run at large, out of his inclosure, any person horse to run at ■, r l • -i ' J l large. may take such horse up, and lorthwith have the same gelded by some person skilled in the business, which shall be done carefully, and the owner or keeper shall pay to such taker up, the sum of five dollars ; the taker up paying the fee or charge for gelding ; and the owner or keeper shall, moreover, be liable for and pay all damages which any person may sustain, in consequence of such horse running at large ; and if any horse shall die, or be injured, in consequence of such gelding, the same being carefully done by a person skilled in the business, as above contemplated, the owner -, or keeper thereof shall have no recourse whatever for damages upon such taker up, or person who shall have gelded the same. Where owner does § 3. If the owner or keeper of any horse, or other person in teke'^away'^ho^rse. ^^^ behalf, shall uot appear and take charge of the same, after being altered as aforesaid, the taker up shall take care of, feed and nourish the same, until said horse shall have recovered, and shall then turn the same out, and the owner shall pay to such person a reasonable sum in money therefor. Horses having in- § 4. If any pcrson shall suffer to run at large, or keep in any Mtpmi^ittciTto pl^ce where other creatures can have access to, and become in- run at liu-ge. fected, any horse, mare, gelding, mule or ass, that is known to the owner or the person having the same in his care and possession, to be afflicted with glanders, distempers or any other infectious Penstity. disease, he shall be fined in the sum of twenty dollars, and shall be liable to pay all the damage that may result from such running at large, of such afflicted horse, mai-e, gelding, mule or ass, to be re- covered before any justice of the peace in the county, if the sum of damages be under one hundred dollars, otherwise in the circuit court. Penalty for ex- § 5. Any person letting any stallion to any mare, within any ' poMng conduct to tQ^n Qj. village in this state, the same not being incorporated, or immediately in the vicinity thereof, that may expose such conduct to public view, shall be liable to pay a fine not exceeding five dol- lars, at the discretion of any justice of the peace, to whom com- plaint shall be made, with costs of prosecution. Penalties how re § 6. All sums or penalties incurred under the provisions of thia covered. chapter, provided the same do not exceed one hundred dollars, shall be recovered before any justice of the peace ; if above that, in the circuit court ; and appeals shall be allowed as in other cases, to said court. Approved March 3, 1845. IDIOTS AND LUNATICS. £53 IDIOTS AND LUNATICS. (From Chapter Fifty of the Revised Statutes.) (1.) Section I. Whenever any idiot, lunatic or distracted per- where ioiot or son has any estate, real or personal, the judge of the circuit court '""t"-''' **"^ '"^°" of the county in which such idiot, lunatic or distracted person lives, shall, on the application of any creditor or relation, or if tliere be Procecdiniw bv neither creditor nor relation, then any person living in such [[^'j^""'" "■" **'"* county, order a jury to be summoned, to ascertain whether such person be lunatic, insane or distracted ; and if the said jury return, in their verdict, that such person is lunatic, insane or distracted, it Verdict of jury, shall be the duty of the judge aforesaid to appoint some lit person Conservator to be to be the conservator of sucli idiot, lunatic or distracted person.' appomtcJ (2.) Sec. II. The conservator of such estate, so appointed, Conservator to shall enter into bond with sufficient security, to be approved by the ^''" '^°"'^" said judge, to the treasurer of the county in which such idiot, luna- tic or distracted person resides, in double the amount of such estate, for the faithful discharge of his duty, (3.) Sec. III. Such conservator shall have the entire care of conncrvator to the estate of such idiot, lunatic or distracted person, both real and^*^^"''"*^'"'*'°' personal ; and such conservator shall forthwith make a true and perfect inventory of said estate, and return the same into the office Make inventory of the clerk of the circuit court of said county, where it shall be ""'^ '"*-'*"'■" '^'*™e- kept on file ; and shall render his account to the judge of said Shaii render ac- coui't, of the management of such trust, when thereto required ;'^''"°'" and shall be allowed by such judge reasonable compensation for Compeus.vtion. his services. And said court shall have power to remove such May be removed. conservator for neglect of duty or mismanagement of his trust, and appoint another in his place. (4.) Sec. IV". It shall be the duty of such conservator, to ap- Annual income ply the annual income and the profits thereof, to the support of such ''"" "Pi>''eti. idiot, lunatic or distracted person, his or her family. He shall Debts to be coi- have power to collect all debts due to such person, and to institute '^'^'^' suits for that purpose, and to adjust and settle all accounts and debts due from him or her ; he may sell or dispose of the personal May seu proper- estate to pay his or her debts, or to support him or her, or his or *^' her family, and to educate the children of the same. (5.) Sec. V. The said conservator may sue and be sued, in Conservator may every instance, as the representative of the person so insane, luna- ^"^ ''"'^ ® ^"® ' tic or distracted, and execution may 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. (6.) Sec. VI. The overseers of the poor in every county. Overseers of the shall take charge of the body of any person so insane, lunatic or dSwge of lurltic. (1) In a proceeding, under the statute, to procure tlie appo.ntiiient of a con- t eervator to a lunatic, the lunatic must have reasonable notice, or the iuquiai- I tion will be set aside. Uddy v. 2'he People, 16 111., 386. 254 APPENDIX. distracted, and shall have power to confine him or her, and shall comfortably support such person, and make out an account theieof", and return the same to the county commissioners' 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. When lunatic re- (7.) Sec. VII. If such person, as aforesaid, shall be restored propc^rty ITbTre- *« ^^^ ^^ ^^r reason, then what remains of his or her property and Ktoied. estate, shall be returned to him or her ; or in case of his or her death, to his or her heirs, executors or administrators, after a rea- sonable allowance to said conservator for his services, to be ascer- tained by the judge of said court. Contracts with (8.) Sec. VIII. All Contracts, agreements or credits with tics to ^ yoid"^' idiots, lunatics or distracted persons, either by note, bond, bill or otherwise, shall be void, as against said idiot, lunatic or distracted person ; but persons making such contracts or agi'eements, with such idiot, lunatic or distracted person, shall be bound thereby. Penalty for trad- (9.) Sec. IX. If any persou Or persons shall, by trading with, luLiUc!^ '"^"^ "' bartering, gaming or any other device possess himself or herself, or themselves, of any property or valuable thing, belonging to any idiot, lunatic or notoriously distracted person, he, she or they .^hall be deemed guilty of swindling, and upon conviction thereof, trhall be liable to all the penalties as in other cases of swindling, and any person may appear and prosecute with eflfect. Approved March 3, 1845. * An Act to provide /or the Sale of the Estates of Insane Persons. Proceedings to (10-) Sec. I. Beit enacted h, the People of the State of I Hi noiSy idiot'^OT lunatic."^ ^''-P''^*^'*^^^ *^ ^^^ General Assembly, That whenever it shall be- come necessary to sell the real estate of idiots, lunatics or disti-acted persons, for the purpose of paying debts, supporting a family or educating children, or when it shall be deemed proper to make such sale for the purpose of investing the proceeds in real estate, the conservator shall petition the circuit court of the county in which he was appointed^ or in which the parties to the proceeding, or a part of them, reside, asking that an order or orders be made, authorizing such sale. What the petition (11.) Sec. II. The petition aforesaid shall set forth and state set fo*rth."' ^^ reasons why, and the purposes for which, a sale of real et tate is deemed necessary or proper, and shall be accompanied by an in- ventory or descriptive list of all the real estate owned or possessed by such idiot, lunatic or distracted person, together with a statement of the accounts of the conservator, showing the disposition of the money, property or effects which may have come to his hands, set- ting forth also the names of all persons who would be interested in the estate, in case of the death and intestacy of the owner thereof, all of whom shall be made parties to the proceeding. On filing petition, (12.) Sec. III. Upon the filinff of the petition aforesaid, a summons shall be issued against the persons made parties as afore- eunimous to issue V MARKS AND BRANDS. 255 said, and which shall be served as in cases in chancery. And in Non-re.-iaent par case any of said parties can not be found, or reside out of the state, *'** "^ot'Seu. they shall be notified of the proceeding by pubUcatiou, as in pro- ceedings in chancery against non-residents. (13.) Sec. IV. The court shall appoint guardians ad litem for Guardians ad infant parties, when no guardians shall appear, and also make any p^uei""^ "*'*^' and all oi'ders necessary to bring parties before it, and to a proper and speedy disposition of the petition in a manner consistent with the facts and the rights of all parties interested, directly or indi- rectly, in the estate to be affected. (14.) Sec. V. When all parties as aforesaid shall have been Hearing of the notified of the proceeding, the court, upon the hearing of the peti- "^^ ^^ '^" '=°"'^'- tion, the objections thereto, if any are interposed, and all facts with respect to the matter thereof, shall, in the exercise of a sound dis- cretion, make such order or orders as may appear necessary and proper to execute the provisions of this act, and to supply conser- vators and families of idiots, lunatics and distracted persons with means to be used for the purposes herein expressed. (15.) Sec. VI. Orders of sale made by court shall describe Orders of sale to the property to be sold, and specify the terms of sale, and direct p^", *^ * '^'^**' the application or use of the money ; and power is hereby vested in said courts to make any and all orders necessary to the security and proper application of the moneys in the hands of conservators. (16.) Sec. VII. Conservators appointed in foreign states may Conservators of avail themselves of the provisions of this act, by filing a copy of ""^^'sn s their appointment with the clerk of the circuit court, and giving security for costs, and by furnishing satisfactory evidence that they have given adequate and sufficient security for the faithful and proper application of the funds arising from the sale. (17.) Sec. VIII. This act shall take effect and be in force from its passage. Approved Feb. 12, 1853. MARKS AND BRANDS. (From Chapter Forty -eight of flie Revised Statutes.) Section 1. Every person in this state, who hath cattle, horses. Persons may hav« hogs, sheep or goats, may have an ear mark and brand, and but^°jj^°„jg™^ " one of each, which shall be different from the ear mark and brand c^^tt'e and other of his neighbors ; which ear mark and brand may be recorded by the clerk of the county court where such cattle, horses, hogs, sheep or goats shall be. Sec. 2. It shall be the duty of the county clerks, in the re- county clerks to spective counties of this state, to keep a well-bound book, in whicli ^^■■^°^'^*^<^ they shall record the marks and brands of each individual who may apply to them for that purpose ; for which they shall be enti- tled to demand and receive the sum of twelve and a half cents ; Fees for record- and the book in which the same are recorded, shall be open to the "*^' 256 APPENDIX. examination of every citizen of the county at all reasonable office hours, free of charge. Marks and brands Sec. 3. If any dispute shall arise about any ear max'k or brand, e^'e'^to'thll^ i^ s^i^^ ^^ decided by reference to the book of marks and brands ord. kept by the county clerk, but such book shall be prima facie evidence only. Persons purchas- Sec. 4. Any person purchasing or acquiring horses, cattle, Sang^mS ^^r,^i shccp or goats, whcu he brands or marks the same in his and brands in brand or mark, after the acquisition of the same, may do it in the nessts.''* ° ^ presence of one or more of his neighbors, who are authorized to certify to the fact of the marking or branding being done, when done, and in what brand or mai'k the same were, previously, and in what brand or mark they were re-branded or re-marked. Such certificate shall not be deemed evidence of property in the animal branded, but only prima facie evidence of the facts therein certi- fied to. Approved March 3, 1845. MILITARY AFFAIRS. In force May 2, An Act creating a War Pund and to provide for auditing all accounts and dig- ■ bursements arising under the call for Volunteers. Appointment of SECTION 1. Be it enacted hn the People of the State of Illinois, commissioners. , . . y-, » ^ "^ , . r^^^ 1 1 p • • represented in the treneral Assembly, 1 hat a board ot commission- ers to consist of three prudent and discreet men, be created, who shall audit all accounts for Supplies and munitions of war, camp equipage and provisions, equipments, clothing and supplies, furnish- ed for any portion of the Ilhnois troops on special service, under the orders of the governor, and all accounts in any way or manner originating under the call of the president for volunteers, or the proclamation of the governor for such volunteers, or which should properly be charged to the war fund ; and no accounts shall be allowed or paid by the governor which are not approved by said board. § 2. All funds or moneys which shall be raised or appropriated under any act of this session of the general assembly, except for the payment of the expenses of the same, shall be kept separate and apart, and be denominated the war fund. ^to of commis- § 3^ ^^le said commissioners shall, before proceeding to exer- cise the powers herein conferred, be sworn or affirmed to faithfully perform the duties enjoined upon them by this act, and shall meet at such place or places as they shall appoint, of which due notice shall be given, and proceed to examine all such bills and accounts, and examine all vouchers, and hear all such evidence as may be presented to them under the provisions of this act; and shall ap- prove and allow all such bills and claims as shall be shown, in their judgment, to be just and reasonable, taking into consideration the circumstances under which they were created. Report § 4. They shall make out a detailed report, accompanied by MILITARY AFFAIRS. 257 the necessary vouchers, in \witing, to the governor, for all claims allowed by them, with the names of those in whose favor they are allowed, and the amounts thereof, and for wliat allowed, and if the same be approved by the governor, the auditor shall draw his war- rant upon the treasury for the sums therein specified in favor of the pei'sons therein named or their assignees, to be paid out of the s^id war fund. § 5. All claims and accounts accruing against the state for war Limitation of expenses or disbursements, which are specified in this act, and '■'"""'*• which have already accrued, shall be presented within three months from the passage of this act, and all otlier claims shall be presented within three months from the accruing of the same, or tlie same shall be considered as donated to the state, and shall not thereafter be allowed under any pretense whatever. § 6. Any vacancy or vacancies occurring in said board, shall vacancies. be filled by appointment by the governor, until otherwise directed by the legislature. § 7. The governor, by and with the advice and consent of the Compensation of senate, shall appoint said board, and their compensation shall be ^*^'''^- five dollars per day, for each day actually employed, to be paid out of the war fund : provided, that said board shall only remain in session so long as is absolutely necessary for the prompt and efii- cient dischai'ge of its duties. § 8. The governor, auditor and treasurer be and they are here- issue of bonds. by authorized to issue bonds of the state of Illinois, bearing inter- est at six per cent, per annum, for such sums as they, or a majority of them, may deem necessary for the purpose of organiz- ing the militia, repelling invasion and defending the state in war, and to sell the same for the best price, and on the best terms, which can, in their judgment, be obtained for the same, in money — five hundred thousand dollars of said sum to be issued in denomin- ations of one hundred dollars ; five hundred thousand dollars of said sum to be issued in the denomination of five hundred dollars ; . and one million of* dollars of said sum of the denomination of one thousand dollars. The principal reimbursable at the pleasure of the state, after the year of our Lord eighteen hundred and seventy- nine, (1879,) in the city of New York, and the interest payable semi annually on the first Mondays of January and July in each year, at such place in the city of New York as may be designated by public notice in three newspapers published in said city, one month before such interest shall become due. § 9. The aggregate amount of bonds which shall be issued Amount rf under tlie provisions of this act, shall not exceed two millions of dollars. The bonds which were prepared for refunded stock under the act of February 22d, a. d. 1859, may be issued under this act, as far as applicable ; but, in such case, there shall be printed across the face of the same the following words : " Issued under the act creating a war fund and to provide for auditing all accounts and disbursements arising under the call for volunteers." The in- 17 258 APPENDIX. terest on said bonds shall not commence running previous to July 1st, 1861. And to provide for the payment of such interest it shall be the duty of the auditor of public accounts to assess, an- nually, upon the taxable property of this state, in addition to all other taxes, a sum sufficient, with the interest fund not otherwise appropriated, if any there be in the state treasury, to pay the inter- est upon the debt hereby created ; which said sum shall be assessed and collected in the same manner as other state taxes are or may be assessed and collected. The fund thus collected shall be kept with the interest fund, and shall be applied only to the payment of interest on the state debt. For the payment of the principal and interest of said bonds, the faith and credit of the state is hereby, irrevocably pledged. § 10. It shall be lawful for guardians and persons holding money in a fiduciaiy capacity, to invest the same in the purchase of said bonds at the current rates, not exceeding par, and hold the same for the benefit and use of the persons whose funds they hold. § 11. In addition to the bonds authorized to be sold by the preceding section, the governor is also further authorized to seU the bonds of the state of like character, to the amount of fifty thousand dollars, to supply a casual deficiency in the revenue fund, and provide for the expenses of this general assembly. § 12. In no case shall more bonds be sold or used than may be necessary to meet, from time to time, the actual expenses incurred in carrying out the provisions of this act. § 13. This act shall take effect and be in force from and after its passage. Approved May 2, 1861. Authority of guardians. Additional loan. Appropriations by towns and In force May 2, An Act to encouraffe the formation and equipment of Volunteer Companies. 1861. Section 1. Be it enacted hy the People of the State of Illinois^ represented in the General Assembly, That the corporate authori- ties of any town or city and the county court or board of super- visors of any county in this state, is hereby authorized to appro- priate such sum as they may deem expedient, for the purpose of aiding in the formation and equipment of volunteer companies , mustered into the service of the United States or of this state, for the purpose of enforcing the laws, suppressing insurrection or re- pelling invasion, and to aid in the support of the families of mem- bers of such companies, while engaged in such military service. § 2. For the purpose of raising the means to pay any appro- priation made pursuant to the foregoing section, the corporate au- thorities of any town or city, the county court or board of super- visors of any county making such appropriation, may cause a tax to be levied and collected, not exceeding five mills on the dollar, per annum, upon the taxable property of such town, city or county. Taxes. § 3. Any appropriations heretofore made by the authorities of MILITARY AFFAIRS. 269 any city, town or county, for the purpose mentioned in the first section of this act, are hereby legalized, and the payment thereof may be provided for by the levy and collcH'tion of a tax, not ex- ceeding five mills on the dollar, per annum, as other city, town or county taxes. § 4. It shall be the duty of the proper authorities of any city, Disbursing agent town or county, which shall make or has heretofore made appro- priations, as aforesaid, to appoint some pei*son or persons to dis- burse said appropriation, under such rules and regulations as such city, town or county authorities may direct ; and the agent or agents making such disbursement, shall keep full and true accounts of the persons to whom and objects for which such disbursements are applied, and render an account of the same, with vouchers and receipts to said city, town or county authorities, as they may be, from time to time, required ; and the accounts thus rendered, shall, with accompanying receipts and vouchers, be filed and preserved, and be subject to examination as other public records or archives of such city, town or county : provided, the state shall never be chargeable for any such sums raised by any such corporations. § 5. This act shall take effect from and after its passage. Apprdved May 2, 1861. An Act to amend chapter Seventy, Revised Statutes, entitled Militia.* in force May 2, 1861. Be it enacted hy the People of the State of Illinois, represented in the General AsseynUy : ARTICLE I. Section 1. The militia of the state of Illinois shall be cora- posed of all free white male, able bodied citizens thereof, who are between the ages of eighteen and forty-five years ; and for the purposes of this act permanent residents shall be deemed citizens. § 2. As soon as may be, after the passage of this act, it shall List to be made be the duty of the assessors of townships, in counties having town- ^^ a«»«8ors. ship organization, to make a complete list of all persons in their re- spective townships, subject to military duty under this act, one copy of which, duly certified, shall be filed and recorded in the office of • the county clerk of said county ; and said return shall be made before the first day of August next. § 3. It shall be the duty of the assessors in counties not having township organization, to make a like complete list of all persons subject to military duty as aforesaid, in their respective counties, and cause the same to be recorded in the office of the county clerks of their I'espective counties as soon as may be, and by the first day of August next. § 4. It shall be the duty of the county clerks, on receipt of the Filing of lists with aforesaid lists, forthwith to forward a certified copy of said list to "'ijutant-geuerai. the adjutant-general of this state, who shall cause the same to be filed in his office. § 5. Said lists shall be annually corrected by said assessors, at *Thia Act is repealed. 260 APPENDIX. tia the time of making their annual assessments ; copies of which shall be duly certified, forwarded and filed as aforesaid. ARTICLE II. § 1. The said militia shall be divided into two classes ; first, the voluntary, and secondly, the reserve. Voluntary miU- § 2. The first class shall consist of those who voluntarily or- ganize themselves into companies, of not' less than fifty nor more than one hundi-ed members each, and who shall haAc a uniform and shall elect ofiicers and assemble for drill and purposes of mihtary discipline, not less than four days in each year, and who shall be furnished with arms and equipments by the state, and be first subject to call or draft into service at the requisition of the governor. § 3. The second class shall consist of those who do not or- ganize themselves into companies as aforesaid, and shall also be subject to draft, or called into service. ARTICLE III. Company officers. § 1. The Company shall elect their own officers by ballot, who shall appoint the non-commissioned officers of their respective companies, and the companies shall, by vote, select their place for drill, and shall hold special drill on call of the captain or vote of the company. Regimental offl- § 2. Whenever, in the opinion of the governor of the state, the <*''^- public good requires, he shall, by order, direct the said volunteer companies, so organized, to form into regiments of not less than five nor more than ten companies each, and to that end shall designate in such order the several companies which shall form the respective regiments, and the time and place when and where the said companies shall convene for the purpose of electing regimental officers, at which time and place the said companies shall proceed to elect by ballot, one colonel, one heutenant-colonel and one major, for each of their respective regiments, and said regimental officers so elected shall have the appointment of their staffi Term of office § 3. Captains and lieutenants of companies, and the elective officers of regiments, shall be commissioned by the governor, for the period of six years from the date of their election, respectively. Length of seiTice, § 4. Volunteer militia shall serve for the term of six years, unless discharged by age or other legal disability, and shall ever afterwards be free from involuntary military duty, except in case of war or invasion, and shall, during said service, be free and ex- empt from personal highway tax and from serving as jurors. ARTICLE IV. Assessor's pay. § 1. The Said asscssors shall receive for their services in making the list mentioned in sections two and three in article first REVENUE. — ASSESSMENT. 261 of this act, the sum of one cent, per name contained in said list first to be made, to be paid them out of the treasury of the state. § 2. If any assessor or county clerk shall willfully refuse or neglect to perform the duties, or any of them, imposed by this act, he shall, on conviction, be fined in any sum not exceeding five hundred dollars, and be removed from office, and shall not there- after hold any office of honor or profit in this state for five years after such conviction. ARTICLE V. § 1. The governor, if companies so organize and volunteer, Artiiierj, cavai- raay commission the officers of and recognize the organization of '^' ^^' artillery companies, companies of cavahy, cc mp mies of sappers and miners and an ambulance corps, under ti.e p.ovisions of this act. § 2, There shall be filed and kept in the adjutant-general's Roiia of compar office, of this state, a complete roll of each of the companiL-s or-'^"'^" gaiiized under the provisions of this act, and the record of tlie date of the organization of each company, and of the enlistment of each member thereof, § 3. Said roll shall be made annually by the officers of each company, and a copy of the same shall be forwarded to the adju- tant-general's office of this state, and the same shall be kept on file in his office. § 4. A record of the date of all commissions granted under Record of com- this act shall be kept in the adjutant-general's office, and coramis-™"**'""^' sioned officers shall have rank according to the date of their re- spective commissions. § 5. All acts or parts of acts, inconsistent with the provisions of this act, are hereby repealed. § 6. Officers and members of volunteer companies elected under the provisions of this act shall not be subject to the orders of officers of the mihtia of this state not organized under this act. § 7. This act shall be in force and take effect from and after its passage. Approved May 3, 1861. REVENUE. ASSESSMENT. An Act in relation to Burying Grounds, Church Yards, and Lands used by Literary Institutions. (From Revised Statutes — Appendix, Act No. 49.) Section 1. Be it enacted by the People of the State of Illinois. Lot not exceeding represented in the General Assembly, That it shall be the duty of certified to'ooin- societies and corporations owning, using and appropriating lands, missioners' court, not exceeding ten acres, for burying grounds, church ground:*, and grounds for the use of literary institutions, to cause to be certified 262 APPENDIX. to the county commissioners' court of the proper county, by some credible person under oath, a full description of the lands by metes and bounds, in whom the title is, and for what purpose and use the land is held ; and if it shall appear to said court that such land is not subject to taxation according to the revenue laws of this State, then that part shall be certified by said court to the auditor of pub- When not subject lie accounts, and the land shall remain exempt from taxation so to taxation. -^^^^ ^^ ^^ Continues to be used exclusively for the purposes aforesaid. Approved March 2, 1843. SHEEP. An Act for the improyement of Sheep, and to promote their Increase. Bucks not to run SECTION 1. Be it enacted hy the People of the State of llUnoisj at large. represented in the General Assembly, That it shall be unlawful for the owner or owners of any buck or bucks, or male sheep over the age of six months, to permit such buck or bucks or male sheep to run at large in any highway or unenclosed grounds or commons in this state, or without the enclosure of said owner or owners, be- tween the fifteenth day of June and the fifteenth day of Novem- ber in each year hereafter. Duty of persons § 2. And be it further enacted, That it .shall be the duty of any to take up. person or persons finding any such sheep running at large as afore- said, to take up and confine the same, and notify the owner or owners, if known, and in case such owner or owners are not known, then such person so taking up shall give notice thereof in writing, by posting up notices in three public places within the precinct or neighborhood where said sheep are so taken up, within four days after such taking up, describing all plain marks that may be on said sheep, and the owner or owners of such sheep shall be entitled to the same by proving property and paying, or agreeing to pay, all reasonable charges, and such damages as the sheep may have done : Proviso. provided, such charges and damages shall not exceed the value of the sheep, and if the owner or owners shall not comply with the above requisitions within the term of six months from the date of such notice, then in that case the said sheep shall be forfeited, and become the property of the person so taking up the same : provi- ded, that if the inhabitants of any county in this state shall think themselves aggrieved by the provisions of this act, the county com- missioners or county court of said county shall have power to sus- pend the operation of this law in such county or counties for a con- venient time, by an order of said court, posted on the court house door of said county, and in some public place in each of the several precincts of such county. Approved February 10, 1849. WEIGHTS AND MEASURES. Ofio "WEIGHTS AND MEASURES. (From Chapter One hundred and eight of the Revised Statutes.) Section 1. There shall be but one standard of measure of shaii be one length and surface, one of weight and one measure of capacity «'«.°daT(i of throughout this state, which shall be in conformity with the standard m«!^ures^" of measure, length, surface and weight established by Congress. Sec. 2. All commodities sold by heaped measure, shall be duly Heaped measure, heaped up in the form of a cone, the outside of the measure, by ^'*''* ^^^ ^*' which the same shall be measured to the extremity of the base of such cone, and such cone to be as high as the articles to be mea- sured will admit. Sec. 3. The measures used for measuring dry commodities not other measures heaped, shall be stricken with a straight stick or roller, and of the °°' i»eaped. same diameter from end to end. Sec. 4. Contracts hereafter to be executed, made within this Contracts to ron- state, for any work to be done, or for any thing to be "Sold, deliver- y^"''"*'''^""''^' ed, done or agreed for by weight or measure, shall be taken and construed to be made according to the standard weight and meas- ure thus ascertained. Sec. 5. The hundredweight shall consist of one hundred Hundred wei^'ht pounds, and twenty such hundreds shall constitute a ton. '"''* '**''■ Sec. 6. Whenever wheat, rye, Indian corn, barley, buckwheat Weight of grain or oats shall be sold by the bushel, and no special agreement as to ^*' *'"''iiei. the weight or measurement shall be made by the parties, the bushel shall consist of sixty pounds for wheat, or fifty-four pounds of rye, of fifty-two pounds of Indian corn, of forty-ibur pounds of barley, of forty pounds of buckwheat, and thirty-two pounds of oats. „ Sec. 7. The following original standards, made in conformity original stand- > to the provisions of this chapter, to wit: a yard, a pound, a liquid cured*°by^Btote gallon, and a half bushel, shall be procured by the state sealer of sealer. weights and measures, and deposited in a chest in his office, Avliicli shall only be opened for the sole purpose of comparing such stand- ards with the copies hereinafter described, unless by a joint resolu- tion of the two houses of the legislature, or on the call of either house for information, or by the order of the governor for scientific purposes. Sec. 8. Copies of the. said original standards, to be made of Copies for coun- such materials as the state sealer shall direct, shall be deposited by *"** him in the offices of the county sealers of the respective counties of this state, at the expense of said counties, who shall severally be responsible for the preservation of the copies respectively dehv- ered to them. Sec. 9. The state sealer shall cause to be impressed on each Devices impreas- of the copies of such original standards, the letter "I," and such other additional device as he shall direct, for the particular county; which device shall be recorded in the state sealer's office and a copy thereof dehvered to the respective county sealers. 264 APPENDIX. County sealers to Sec. 10. The Several county scalcrs shall Compare all Weights weTwr ^^ ^^ and measures which shall be brought to them for that purpose, with the above mentioned copies of such standards in their possession ; and when the same are found or made to conform to the legal standards, the officer comparing them shall seal and mark such weights and measures. County sealers to Skc. 11. It shall be the dutj of the countj scalers of weights 8t ™e^T4iw' once ^"^ measures, to compare the copies ia their possession once in in ten years. every ten years, with those existing in the office of the state sea]^r; and every county sealer who neglects to have the copies in their Penalty for neg- posscs&ion Compared as aforesaid, shall pay into the county treasury ''** fifty dollars for county purposes : whenever any county Sealer fails for one month to pay the aforesaid penalty, it shall be the duty of the county commissioners' court, to commence suit therefor in their own name, before any justice of the peace of the county, and when collected, the same shall be paid into the county treasury for the uses aforesaid. jtcs of county Seq. 12. Each county sealer shall be entitled to receive for his services, at and after the following rates : For sealing and marking every beam, six and a quarter cents; for seaUng and marking measures of extension, at the rate of six and a quarter cents per yard ; not to exceed twenty-five cents for any one measure ; for sealing and markinji; every weight, two cents ; for sealing and mark- ing liquid and dry measures, if the same be of the capacity of a gallon or more, six and a quarter cents ; of less than a gallon, two cents : they shall also be entitled to a reasonable compensation for makinsj such weights and measures conform to the standard estab- lished by this chapter. Penalty for using Sec. 13. If any person or persons shall hereafter use any measuresnotcon- wciglits, mcasurcs or beams, in weighing or measuring which forming to the shall not be conformable to the standards of this state, established standard estab- i .i ■ i . i i i p t. ■• lished. by this cliapter, whereby any purchaser of any commodity or arti- cle of trade or traffic shall be injured or defrauded, such purchaser ^^■'. . may maintain an action on the case against, the offender ; and if "'*'- judgment shall be rendered for the plaintiff, he shall recover five times the damages with costs of suit. Who shau be state Sec. 14. The Secretary of state shall be, ex officio, state sealer MS. "^""^^^ ^^ " of weights and measures, and the clerks of the county commis- sioners' court shall be the county sealers of weights and measures for their several counties. Approved March 3, 1845. In force February An Act to fix the standard weight of Coal. Bushel to contam SECTION 1. £e if enacted hy the People of the State of Illinois, represented in the General Assembly, That whenever mineral coal bhall be sold by the bushel within the limits of this state, and no special agreement as to the weight or measurement shall be made WEIGHTS AND MEASURES. 265 by the parties, the bushel shall consist of eiglity pounds, and this shall be the standard weight of a bushel of coal. § 2. This act to be in force from and after its passage. Approved February 18, 1847. An Act in relation to Weifrbts and Measures. In force Slaroh 1. 1851. Section 1. Be it enacted by the People of the State of Illinois, wdght of corn. represented in the General Assembly, That from and after the pas- sage of this act, whenever any Indian corn shall be sold by the bushel, and no specified agreement as to the weight or measure shall be made by the parties, the bushel of corn shall consist of fifty-six pounds. § 2. This act to take effect from and after the first day of March next. Approved February 15, 1851. An Act to amend An Act concerning Weights and Measures. in force February Section 1. Be it enacted by the People of the State of Illinois, ^veigut of grain represented in General Assembly, That whenever any of the follow- fW when th<>re ing articles shall be contracted for, or sold, or delivered, and no !^ to weight™"' special contract or agreement shall be made to the contrary, the weight per bushel shall be as follows, to wit : Slielled corn, fifty- six (56) pounds; corn in the ear, seventy (70) pounds; wheat, sixty (6U) pounds; rye, fifty-six (56) pounds ; oats, thirty-two (32) pounds ; barley, forty-eight (48) pounds ; Irish potatoes, sixty (60) pounds ; sweet potatoes, fifty-five {bb) pounds ; white beans, sixty (60) pounds ; castor beans, forty-six (46) pounds ; clover seed, sixty (60) pounds ; timothy seed, forty-five (45) pounds ; flax seed, fifty-six ipQ) pounds; hemp seed, forty-four (44) pounds; blue grass seed, fourteen (14) pounds; buck wheat, fifty-two (52) pounds ; dried peaches, thirty-three (33) pounds ; dried apples twenty-four (24) pounds ; onions, fifty-seven (57) pounds ; salt, fifty (50) pounds; stone coal, eighty (80) pounds; malt, thirty- eight (38) pounds; bran, twenty (20) pounds; turnips, fifty -five (.. ) pounds ; hair, (plastering) eight (8) pounds ; unslacked lime, eighty (80) pounds ; corn meal, forty-eight (48) pounds ; fine salt, fifty-five pounds. § 2. All laws and parts of laws inconsistent with this act are Acts repealed, hereby repealed. Approved February 14, 1855. 266 APPENDIX. [Acts EeTRAYS. lu force April 24, An Act to amend number 39 of the Kevised Statutes, concerning "Estrays." 1861. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly, That chapter number thirty- nine of the Revised Statutes be and is hereby so amended, that hereafter every justice of the peace, before whom any estray or estrays may be brought for appraisal, shall be allowed ten days after the appraisement to make report of the description of the estrays, as is required in the second section of said chapter, to the clerk of the county or the clerk of the county commissioners' court, as the case may be. Approved February 22, 1861. REGISTRY LAW. In force Feb. 15, An Act for the Registry of Electors and to prevent Fraudulent Voting. Section 1. Be it enacted by the People of the State of Illinois, JudKCB or In- represented in the General Assembly, That the persons authorized turn constitute"' hy law, or appointed pursuant to any town or city ordinance, to Rf°^r °" ^^^ ^^ j^ .11 lists attached and Said register so kept and checked as aforesaid, shall be at- togetherand t^ched together, and shall, on the following day, be filed in the town or city clerk's oflGice (as the case may be) in which said dis- trict may be ; or in case there be no such clerk, then such poll lists and register shall be filed with and preserved by the judges or inspectors, to be used by the board of registry in making the list of voters at the next election ; the other of said poll liists and registers, so kept and checked, (except in town and city elections) shall be returned to the office of the county clerk of the county in which said district may be, at the same time the returns of the elections are made. Sec. 10. The said board may, if necessary, on the day or days Board may ap- ^f ^j^^ making and of the corrections of such lists, appoint a clerk point a clerk. . o^ i.i oi-i- • t ^ -> • to assist them m the discharge oi their duties required by this act ; and the same oath shall be taken by such clerk as is required by law of clerks of the polls or of elections. Sec. 11. The registers shall at all times be open to public in- Registers open spection, at the ofiice of the authorities in which they shall be opu ic. deposited, without charge. Sec. 12. The members of the board of registration and their Compensation of clerks shall each receive the same compensation as is now allowed board and cieiks. y^^ j^^ ^^^ judges or inspectors of elections, for each day actually employed in the making and completion of the registry, to be paid to them at the time and in the manner in which they are paid their other fees. Sec. 13. The said board shall have and exercise the same Board may pre- power in preserving; order at their meetings, under this act, as are given to judges and inspectors of elections for preserving Vacancies. Order on election days ; and vacancies in said board shall be filled in the same manner that vacancies are now filled at elections. Sec. 14. Any person who shall cause his name to be regis- Punishment for tcred in more than one election district, or who shall cauSe his nllrae^to bTref- name to be registered knowing that he is not a qualified voter in iBtered. the district where said jregistry is made, or who shall falsely per- sonate any registered voter, and any person causing, aiding, or . abetting any person, in any manner, in either of said acts, shall be punished, for each and every offense, by imprisonment in the State prison for not less than one year. All intentional false swearing before said board of registration shall be deemed wilful Peijury. and corrupt perjury, and on conviction, punished as such. If any Violation of law; Kiember or officer of said board shall wilfully violate any of the how punished, provisions of this act, or be guilty of any fraud in the execution of the duties of his office, he shall be punished for each and every offense by imprisonment in the State prison for not less than one year. 1865.] BOARD OF HEALTH. 271 Sec. 15. An Act entitled " An Act to'prevent illegal voting at elections," approved February 21, 1861, and an Act entitled ifmendudf^^ " An Act to provide for ascertaining the qualification of voters, and to prevent fraudulent voting," approved February 22, 18(jl, be and the same are hereby amended by striking out the words " sixty daj/s" in said acts, wherever the same occur, and inserting in the place thereof, the words " tJiirt^ days." Sec. 16. Section five of An Act entitled ''An Act to provide .\(t of Feb. 22, for ascertaining the qualifications of voters, and to prevent fraud- ^''^^' '=""""""«<'• ulent voting," approved February 22, 1861, shall be construed so as to require the number to be indorsed by the judges or inspect- ors of election on every ballot cast, and in elections, general or special, in pursuance of any law of this State^ after the opening of the polls, no adjournment shall be had, nor shall any recess be NorecesBat taken until all the votes cast at such election shall have been elections, counted and the result publicly announced, provided that judges and inspectors of election shall each be allowed the sum of two Compensation of dollars for each and every day's service by them performed under J"''K«'i- the requirements of this act. Skc. 17. The secretary of state shall cause this law to be seK.Tctary of state printed in pamphlet form, with suitable forms and instructions for [,e '^",."n tc'r^/th carrying it into effect, together with the general election law of f'Tms, and dis- the State, and a sufficient number of copies thereof sent to each *'^' "'* ' county clerk in every county in this State to supply each of the officers named in this act with a copy. And it shall be the duty of each of said clerks to immediately transmit a copy of the same to each of the judges or inspectors of election in his county. Sec. 18. The necessary blanks for making the registers re- secretary of state quired by law shall be prepared by the secretary of state, and to prepare biHuks transmitted to the persons entitled to receive them, in the same manner that blank returns of elections are now transmitted. Sec. 19. Nothing contained in this act shall be construed in Not to affect any manner to affect the provisions of any act that has been or ^"'fjjl^'^ "* may be passed at the present session of the General Assembly, to enable the qualified electors of this State, absent therefrom, in the military service of the United States, in the army or navy thereof, to vote. Sec. 20. This act shall be in force from and after its passage. Approved February 15, 1865. (^ BOARD OF HEALTH. AN ACT to provide for a Board of Health in each township in those counties adopting township organization. Section 1. Be it enacted hy the People of the State of Illinois^ SnperTisor, represented in the General Assembly. The supervisors, assessors ^^g^^''*"^''^, Jind town clerk of every township shall constitute a board of board of hi health, an I on the breaking out of any contagious disease in 272 APPENDIX. [Acts May make rules aud regulations. May shut up iafected house. TowD clerk to keep rocnrd of doiugs of board. Compensation of board. Compensation and bills to be audited. Act to be accept- ed by board of supervisors. their township or immediate vicinity, they shall have power to make and enforce any rules and regulations tending to check the spreading of such disease within the limits of such township as they may deem proper; and for this purpose they shall have power to shut up any house where any infected person may be, or remove such person to any pest house within the limits of said township, at the expense of said party so moved, if he be of sufficient ability to pay, otherwise at the expense of said town.^ Sec. 2. The township clerk shall keep a full record of all the doings of said board, and report the same at the annual town meeting of such township, and said board shall be allowed for their time spent in the performance of their waid duties, the same sum now allowed to supervisors, and the same, together with all bills by them contracted, and all sums of money by them ex- pended, shall be audited by the board of auditors of such town, and be paid in the same manner as the town expenses are now by law paid.2 Sec. 3. This act shall only be in operation in counties where the board of supervisors shall, by its resolution, accept the same. Approved February 16, 1865. DRAINAGE. AN ACT to facilitate the Draining of Wet Lands. Commissioners of highways to be drainage commissioners. Persons owning wet and over- flowed lands in counties under township organi- zation may make application to commissioners for drain over other lands. Notice in writing to fwner or agent. Section 1. Be it enacted hy the People of the State of IlUnots, rep7-esented in the General Assembly, That in all the counties of this State adopting township organization, the commissioners of highways shall be and are hereby constituted ex officio, a board of drainage commissioners in their respective towns. Sec. 2. Hereafter when any person or persons owning wet or overflowed lands in any county under township organization in this State, desiring to drain the same, shall find it necessary to run across neighboring lands whose owner or owners will not give consent for the drain to pass through his or their lands, then in that case the person or persons desiring the right of way for the drain shall make application to the said drainage commissioners, in writing, stating thro4^ whose premises it is necessary to pass, in order to effect a proper outlet for the proposed drain, and he shall also furnish to each of the owner or owners, or their agent or agents, through whose land it is proposed to pass, a notice, in 1 A hoard of health has no power to take and occupy premises as a pest house without the owner's consent. — Boom v. City of Utica, 2 Barb., lOJt. 2 The rules and regulations, and all doings of the board of health should be reduced to ■writing. It is held in New York that parol evidence of the orders of the board of health is inadmissible. Their determinations are judicial, and must be in writing. — Meeker ▼» Van EuTisslaer, 15 Wend., 397, I 1865.] DRAINAGE. 273 writing, stating that he intends to make application to the said commissioners to lay out a drain through his or their land.3 Sec. 3. The commissioners shall agree upon a time not exceed- CommiBmonprR to ing thirty days from the receipt of the application of the person ^''^\ "" ''""^ ',"' or persons desiring the drain, when and where they will meet to mfne'on applkll determine upon such application, and if anything shall prevent ''"°' the meeting of the commissioners, or any one of them, upon the day specified, then they shall as soon thereafter as possible deter- mine upon another day for meeting, and they themselves shall Ctimmissiouers to give notice of such meeting to the parties concerned or their meetrug!*^"" agents.4 The application to lay out a drain shall in all cases be Application to made to the commissioners residing in the town in which said comraissi.merB of drain is to commence. ' *' '"^"' 8 Form of Application to Commissioners to lay out drain. To the Commissioners of Highways of the town of Tolono, in the County of Champaign, and ex officio Board of Drainage Commissioners in said town. The undersigned person (or persons) owning wet lands {or overflowed lands) in said town of Tolono, described as follows, to wit. : [describe the lands which it is desired to drain) desires to drain the same. In order to effect a proper outlet for the proposed drain, it is necessary to pass through the premises owned by C. D. and E. F. in said town. The pre- mises of C. D. are described as follows : {describe the premises with rea- sonable certainty.) The premises of E. F. are described as follows : {describe the premises.) The said C. D. and E. F. wiyBHf^iye their con- sent for the desired drain to pass through their saiqpB^B. Said drain is to commence in said town of Tolono. The undersigned, therefore, applies to you and requests that you will proceed to lay out a drain through said premises of C. D. and E. F., in conformity with the law in such cases. Dated this day of , ^^^^fcfc,,..,*^ ^- B. ^^OTE — CareViliouIS be taken to write the ^plicatiflB^^aper sufficient to enable the * commissioners to note their decision on the back of it. Form of notice to owner or agent of intended application to Commissioners to lay out a drain. To C. D. : Sir : — You will take notice that I intend, on the day of , A. D. 18 — , to make application to the commissioners of highways of the town of Tolono to lay out a drain through lands owned by you in said town, {or for which you are agent) described as follows, to wit. : {litre describe the lands as in the application,) for the purpose of draining certain lands owned by me, and described as follows : {describe the lands as in the application.) Dated this day of , A. D. 18—. A. B. * Form of notice of meeting of Commissioners to determine upon application to lay out a drain. To C. D. : Sir : — You are hereby notified that the commissioners of highways and ex officio board of draining commissioners, in the town of Tolono, will meet at {state the place,) on the day of , A. D. 18 — , at — o'clock — M., to determine upon the application of A. B. to lay out a 18 274 APPENDIX. [Acts ComDiissionere to tletermine, if necessary, to pass through lands proposed. Direction and breadth of drain. Commissioners to determine if pro- posed drain is a benefit to lands it passes through. If drain is a ben- efit to other lancis, owner re- qnired to make the same. Ca«ea where drain is not of benefit. Party desiring drain may com- plete remainder. When person neglects to make drain, t)ie person interested may enter and make same. Necessary ex- pense of work may be recovered When drain is a damage ; amount to be a-isessed to person desiring same. Sec. 4. Upon meeting, the commissioners shall proceed impar- tially to determine whether in order effectually to drain the land of the party or parties making the application, it is necessary to pass through the land proposed, and if they shall find it neces- sary so to do, they shall then determine also the direction which the drain shall run, and also the breadth of the same, granting always that the depth shall be such as to produce a current. Sec. 5. The commissioners shall also determine whether the proposed drain will be of any practical benefit to the land through which it is to pass, and if so, what portion of the drain the said land owner or owners shall make, or cause to be made. If the commissioners shall be of opinion that the drain proposed will be of sufficient benefit to the land through which it is desired to pass, then they shall decide that the person or persons owning the same shall make or cause to be made the entire drain running across his or their lands, giving a reasonable time for completing the same, not exceeding six months nor less than thirty days. But if they shall be of opinion that the drain proposed will not be of sufficient benefit to the parties owning the land to compen- sate him or them for constructing the entire drain, then they shall decide what portion of the same he or they shall make or cause to be made, giving a reasonable time for completing the same ; and the party or parties desiring the drain shall be at liberty to comntU^the remainder according to the specifications of the commi^oi^rs, at his or their own expense. Sec. 6. But if tne person or persons through whose land 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 speci- fications of the commissioners, then the person or persons first making the applicatiB^JoT '^HSiUjj^^ shall be at liberty to enter upon the premises of^S^erson or persons so neglecting or r§i.^ fusing, and make or cause to be made the drain, following the specifications of the said commissioners ; and he or they may re- cover the necessary expense of such work from the person or persons so neglecting or refusing, in an action of debt, in any court having competent jurisdiction in the county in which such labor was done or performed. Sec. 7. If the comnaissioners shall be of opinion that the drain, if made, will be or damage to the land through which it is proposed to pass, then they shall assess the amount of the dam- age to be paid by the person or persons desiring the drain, after payment of which the party or parties so desiring the drain shall be allowed to construct the same at his or their own expense. drain through lands owned by you (and other lands) mentioned in his said application. Dated this day of , A. D. 18—, L. M., "I Commissioners O. P., [ of R. S., j Highways. 1865] DRAINAGE. 275 But in no case shall the commissioners order a drain to be made Water to i,e toiv. where the water cannot be conducted into a lake, or pond, or ''"'^''^ ""'• river, or other outlet. Sec. 8. The commissioners, after having decided either in favor Commi8sio„ei-» to or against the application for a drain, shall note their decision on ""n onuick'^if' the back of the application, and file the same in the office of the appUcaiiou. town clerk, and the town clerk shall enter upon his book the date of such filing.^ , Sec. 9. The fees of the drainage commissioners shall be the Fees of comtnis- same as is now allowed by law for their services as commirisiouers *'""*"• of highways, and shall be paid in the same manner. Sec. 1G. Either party feeling aggrieved by the decision of the Party aggriovfi commissioners, either in locating or failing to locate the drain, lu'fi'ftecn days! may at any time within fifteen days from the filing of such deci- sion, appeal from the same, by giving ten days' notice in writing Ten dayrt* notice. to the opposite party or parties. Said appeal shall be taken be- fore the supervisor, one justice of the peace, and the town clerk ^.teu"' *° ^^^""^ of the town in which the drain is to originate : Provided, that in case either of these persons shall be interested personally in the incaseofinteiest land or lands through which it is proposed to pass, then the ^Form of Decision of Commissioners to be noted on the back of the application. The said commissioners of highways having met pursuant to agree- ment, and due notice to all parties interested, do determine that, in order effectually to drain the land of the person making the within application, it is necessary to pass through the lands of the said C. D. and E. F. as proposed. We have, therefore, laid out a drain across said lands running in an easterly direction {or as the case may be) through the same, the location of which is shown more particularly by the annexed plat. (It would be advisable to annex a plat of the lands, showing the loca- tion of the drain,) and that said drain shall be four f«et in breadth at the top and two feet at the bottom, {or as the caSe may be, setting forth such further dimensions or directions as may be deemed proper.) That said drain will be of some practicable benefit to each parcel of land through which it runs, and that each owner mentioned within shall make the first ten rods thereof on his said land (or as the case may be,) which each should complete by the day of , A. D. 18 — . ( Or say thus, according to circumstances :) Said commissioners are of opinion that the drain proposed will be of such benefit to the lands described within, through which it is desired to pass, that the persons owning the same should make the entire drain across their said lands, and which each should complete by the day of ■ , A. D. 18 — . [Incase damages are allowed, then say:) Said commissioners are of opinion that said drain, if made, will be of damage to the said lands through which it is proposed to pass, and do assess the damage of said C. D. at $ — , and the damage of E. F. at $ — . Dated this day of , A. D. 18—. L. M., ) CommissionerB 0. P., \ of R. S., J Highways. jfoTB — It 18 believed that the foregoing Bnggestione are BufiBcient to enable tlic com- missioners to frame an order to suit the occasion of each parlicnlar case that ma^- arise under the law. 276 APPENDIX. [Acts Time to be fixed for hearing ap- peal. In case decision is reversed. Changes to be specified in writing. Statement to be filed in town clerk's office. Decision final. other two shall select some disiaterested person to act with them.6 Sec. 11. The supervisor, justice of the peace and town clerk, (in case none are interested as aforesaid,) shall, as soon as practi- cable, fix upon a day when they will review the action of the said drainage commissioners, and hear the reasons for and against the laying of the drain. They shall then, after so hearing, de- termine whether the action of the commissioners was in their judgment proper, and if they reverse the decision of the com- missioners in whole or in part, they shall state the same in writ- ing, specifying what changes they laave made, whether they have relocated the drain, or reapportioned the labor, or reassessed the damage, if any there be, which statement shall be filed with the town clerk for inspection, and their decision shall be final in all cases pertaining to the subject.'^ 6 Form of Appeal from Decision of Commissioners. To G. II„ Supervisor; /. J., one of the Justices of the Peace; and K, L., Town Clerk of the town of Belmont, County of Iroquois : The undersigned feeling aggrieved by the decision of the commis- sioners of highways, of said town of Belmont, in locating (or failing to locate) a certain drain applied for by me across the lands of C. D. and E. F., in said town, set forth in my application, upon the back of which the decision of said commissioners is noted, and which was filed in the town clerk's office on the day of , A. D. 18—, does appeal to you from said decision to the end that you may review the same aa provided by law in such cases. Dated this day of , A. D. 18—. A. B. Form of Notice of Appeal from Decision of Com.missioners. To C. D. : Sir : — You will take notice that I shall, on the day of A. D. 18 — , take an appeal, in accordance with the law in such cases, to G. JT., supervisor ; /. J., one of the justices of the peace, and K. L., town clerk of the town of Belmont, from the decision of the commissioners of high- ways of said town, in locating a certain drain applied for by me [or as the case may be) across lands owned by you (as the case may he) described in my application, upon the back of which application the decision of said commissioners is noted, and was filed in the town clerk's office on the day of , A. D. 18—. Dated this day of , A. D. 18-. A. B. 7 Form of Statement of Supervisor, Justice of the Peace and Town Clerk of their Decision on Appeal. Vermillion County, 1 Town of Belmont, J ^ * An appeal having been taken by A. B. to the undersigned supervisor, justice of the peace and town clerk of said town of Belmont, from the decision of the commissioners of highways of said town, filed in the town clerk's office on the — day of , A. D. 18 — , in locating a certain drain applied for by said A. B., due notice of said appeal having been given, we did on the day of , A. D. 18 — , having duly fixed on that day therefor, proceed and review the action of said commis- sioners, and did hear all such reasons as were offered for and against the laying of said drain, and do determine that the action of said commissioners was in all things proper. 1865.] DRAINAGE. 277 Sec. 12. In all cases of appeal, the persons hearing and decid- compensation of ing the same shall be entitled to two dollars per day for the time "ffiteia. necessasily employed in the case ; and if the action of the drain- age commissioners is sustained, then the cost shall be paid by the ^^*^^' ''^ "''"™ party taking the appeal. But if said decision shall be reversed in wheu fees pjud whole or in part, then the fees of the said officers shall be paid '"'"'"'""■"ft""!, from the township funds. Sec. 13. In all cases where the commissioners shall have Drain through ordered a drain through the lands of non-resident owner or IJ^n^^'g'^^^'f/j''/,^ ,, owners, and such owner or owners will not make nor pay for asstshcd ngaiuet making such drain as ordered, then it shall be the duty of the '"^*' commissioners to assess the necessary cost of constructintr the , d, . 1 , , , , , *' , , , , . Assessment to be ram against the land, and return the same to the county clerk in returned to such county, who shall enter the amount with other taxes, against '^""'y ^lerk. the said land, and when the same shall have been collected as other taxes are collected, he shall pay the amount to the person Amounttowium or persons making or causing the drain to have been made. ^" Sec. 14. Nothing in this act shall authorize the assessment Only one-half of of more than one-half the expense or cost of any drain upon truu^udoaed*'^"* uninclosed lands through which such drain may be run. •a^"^- Sec. 15. This act shall not apply to the counties of IMcIIenry McHcury ami and Kane, and this act shall not be construed to conflict with noTuicluat-d;' existing laws for drainage in the county of Cook. Sec. 16. This act shall be deemed a public act, and be in force from and after its passage. Approved February 16, 1865. AN ACT to amend article seventeen of an act entitled "An act to re- In force April 28, duce the act to provide for township organization and the several acts ^^®^' amendatory thereof into one act, and to amend the same." Sec. 9. The overseers of highways of the several towns are Overseers of hereby authorized to enter upon any land adjacent to any high- cilils^di^ain'to he way in their respective districts, for the purpose of opening any '^"e- ditch, drain, necessary sluice or water course, whenever it shall be necessary to open a water course from any highway to the natural water courses, and to dig, open or clean ditches upon said land, for the purpose of carrying off the water from said highways, or to drain any slough or pond on said highway: (If the decision of t?ie commissioners is reversed, then say ;) and do reverse the decision of said commissioners, and do determine that {Here slate the decision for which the form and suggestions given for the commissioners can be used according to circumstances.) G. H., Supervisor. Dated this — day of , A. D. 18 — . I. J., Justice of the Peace. K. L., Town Clerk. 278 APPENDIX. [Acts Proceedings when owner shall not consent. Persons to be chosen. Amount to be diudited. Drain may be dug. Provided, that unless the owner of such land or his agent shall first consent to the cutting of such ditches, the overseer of high- ways shall call upon two discreet householders to assess the dam- ao-es, which such owners may sustain by reason of the digging or opening of such ditches or drains ; and if the owner of such lands shall think proper, he or she may choose two other discreet householders to act with such as may be chosen by the overseer of highways ; and if they cannot agree, the four shall choose a fifth, as umpire, and the five, or a majority of them, shall make out their award, under their hands and seals, and deposit with the clerk of the town in which said highway is situated, who shall file the same in his office. Such award shall be final and conclusive of the amount of damages sustained by such person : and the amount so awarded shall be audited, levied and collected in the same manner provided in section fourteen, article seventeen of the township organization law; and the overseer of highways shall be warranted and is hereby empowered to enter such lands and dig, open and clean such drains, ditches and water courses, as aforesaid, for the purposes contemplated in this act, and is further authorized to use and employ the road labor and money of his district for such purposes. Approved, February 28, 1867. DISTRICT ROAD TAX. In force Feb. 27, 1867. AN ACT in relation to district road tax. Districts nated o books. Collectors to make abstracts and deliver to commissioners. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assemhli/, That in all counties acting 2 certify on return of delinquent list, . 202 furnish revenue instructions to county- clerks, ; 202 print and distribute revenue act, . 202 buy real estate levied on for state, . . 205 .same, subsequent redemption, . . 206 same, obtain deed if unredeemed, . . 206 same, he may sell for state, . . . 206 same, price of sale, .... 206 may require st;ite"s attorneys to sue, . 206 furnish lists of lands newly taxable, . 208 duty as to county school money, . 210 BALLOT. See Voter, Votes, Votikg. when used at town meetings, ... 33 mode of preparing and delivering, . 33 to be deposited in box, .... 33 penalty for expwing, ... 33 dispo.sal of, if more than polls, . . 34 folded double, destroyed, ... 34 how depo.sited, 125 to be without distinctive marks, and on white paper, 125 excess of destroyed, .... l-'j voter's name endorsed on, . . . 129 strung and sealed up when counted, . 129 kept six months for reference, . . 129 use of in contested election, . . . 129 BALLOT-BOXES, county provide, . 125 judges of election keep, .... 12.5 construction of, 125 sealed with poll list and kept, . . 126 BANK COMMISSIONERS, duty as to bank tax list, 158 BANKERS AND BROKERS, property how listed, 152, 156, 157 who considered to be, .... 156 penalty for not listing, .... 157 BANKS," tax hsts how made, . . . 158 president and cashier make list, . . 158 b.ank connr.issioncr valr.e, . . . I08 rule for estimating notes and discounts, 158 BELVIDERE, roads in to be highways, . 232 same, bnw vi-.catcd and altered, . . 2.33 evidence as to same, .... 233 EETTTNG on election, fine, . - . 122 16'BL00MIN(JDALE, doings as to roads legal- 56| i/.ed, ... ... 233 58'EOAUD to fill vacancies in town offices, com- I pensation of, 43 102 BOARD OV SUPERVTEORS. See Supervisors. 168 credit commissioner' accounts, . . 14 alter tovn\ bouvids, create new towns, 1? 169| when appoint town oflicerSj ... 13 290 INDEX. to be in 51- annex town to another when, . . 18 each town supervisor to attend, . • 43 order levy of town taxes, ... 47 proceedings by or against county name of, .... exercise powers of county, process how to be served on, ■. powers and duties of, . annual and special meetings of, special meetings, when iKld, same, how called, same, clerk publish notice of, annual meetings, when and where held organize by choosing chairman, proceedings as to electiou certificates of members, ...... form of call for special meeting, form of notice of same, to members, . form of notice for publication, powers of, 62-5t make orders as to county property, . 53 audit county charges, and raise money for same, ...... 53 audit accounts against towns, and raise money for same, 53 appropriate funds for roads and bridges, 53 change bounds of towns, and make new, give name to towns, and change same, relocate and vacate state roads, perform other duties required, majority to be a quorum, vote decided by majority present, sit with open doors, chairman may administer oath, county court clerk to be clerk of, same, duties of as such, same, compensation of, same, hold books and papers, any one may examine books and papers, clerk endorse accounts, clerk furnish certified copies ; fee ; build and repair court house and jail, have charge of poor and poor houses, audit pay and accounts of overseer of poor, new name of town sent to auditor, pay to be *2.00 a day, clerk publish proceedings, penalty for neglect of duty, audit county treasurer's accounts, prosecute his bo^id on default, audit bills for as.sessors' books, equalize a-ssessments ; rules, alter description of non-resident's land, change improper assessment, . . 60, 161 appoint person to make new one, provide for reassessment if injunction, appoint person to reassess, fix compensation for same, appoint collector on reassessment, fix time for returus by same, levy county tax, not over five mills, levy tax to build bridge, levy and pay over road tax, relocate or vacate state road on petition, petition to be by 35 freeholders, appoint viewers on same, viewers, duties of; ... same, notice to ; form ; . same, form of oath and report of, same, how report on vacating, same, cause survey to relocate, . , make order on report of viewers fi.x pay of viewers, may require deposite before viewing, * . may uot alter state roads, hear petition against excessive road dam. ages, . . . _ _ liow uecide on such petition, form of such petitltlon, . . ' . * . 89-91 sell poor farms, 147-8 same, chairman make deed, . . . 148 same, former sales and deeds legal, . 148 fill collectorship if vacated, . . . 160 examine assessment rolls, . . . 164 value land omitted in same, . . . 164 fix and record rate of taxation, . . 165 fix county boundaries where uncertain, 163 same, cause survey and plat, . , 1G8 same, if not act, auditor survey, . 168 clerk make waiTant for new collector, . 173 duty as to assessing railroads, . . 175 correct changed values in tax list, . . 178 chairman approve county treasurer's bond, 178 allow clerk fees for tax lists, . . 179 approve and record county collector's bond, 184 allow credit to collector on forfeited lots, 187 refund erroneous taxes, .... 198 levy not over four mill county tax, . 198 when levied ; lien to secure, . . . 198 transfer tax from real estate where per- sonal property, 205 appoint persons to take census, . . 211 make regulations as to dogs, . . . 227 permit plank or other road on state or county road, 228 re-survey town roads, .... 228 permit plank road to transfer route to rail- road, 229 of Boone County, levy additional tax, . 232 of Jo Daviess Count}', same, . . 232 of Cook county, two thirds of must vote for roads and bridges, .... 239 may borrow money, .... 240 same, regulations as to bonds and use of money, ...... 240 BOARD OF TOWN AUDITORS, duties of, 45-i7 who constitute, ..... 45 examine town accounts, ... 45 vacancy in how filled, .... 45 times of meeting, .... 45 deliver accounts audited to clerk, . . 45 audit town charges and claims, . . 46 make certificate of doings, ... 48 may require affidavit to accounts, . 48 compensation of, . . . . .48 certify expense of bridge to supervisors, 71 certify to expense and damages on road ap- peal, - . 101 same, form of certificate, . . . 102 BOND, OFFICIAL. See under ^lames of Officers. of town collector, .... 35 same, fonn of, 35 same, supervisor approve and take, . 33 same, recorder to record, ... 37 same, a lien on collector's real estate, 37 same, limitation of actions on, . . 37 same, when to county court clerk, . 37 of constable, and condition, ... 33 same, form of, 83 same, supervisor or clerk approve and en- dorse, 33 same, filed, 38 same, certified copy to be evidence, . 33 game, limitation of actions on, . . 33 supervisor's, how made and approved, . 42 same, suit on, 42 county tre,asurer's, how made, . . 55 county collector's also required, . 56 county treasurer's, entered and filed, . 55 same, public auditor have copy, . . 56 same, lien on treasurer's real estate, . 55 same, prosecuted on default, . . 53 of collector on reassessment, ... 61 collector's, effect of satisfaction of, . 62 of trea.surer of highway commissioners, 65 on road appeal, . , , . . 95 same, form, ...... 95 INDEX. 291 under reyenue act, release of, . . 1971 chosen at next election, . . . 123 official, county clerk's, . . . 213 election how contested, .... 123 on appeal from county commiss'n'rs' court, 218 issue summons on appeal, . . 21!t county tre;isurer's ; form, . . . 2221 provision for office for, .... 219 BONDS, INVKSTMENTS IN, defined, 149 CLERK OF COUNTY COMJIISSIONERS. BOONE COUNTY, additional tax in, . 2.32 See Clerk of Cou.nty Court. Boundaries of towns, to be gov. township lines, 14 CLERK OF COUNTY COURT, record and 72, 211 72 . 108 72 . 72 73 201 for creek or river may be, commissioners to fix, .... alteration of, BRIDGES. See Cau.sewats: Roads and BRIDGES ; Toll-bridges. provisions as to, . . . . .71- tax for how laid and collected, notice to prohibit ftist driving on, penalty for fast drivingon, treble damages for injuring, penalty for injuring, on town boundaries, at joint expense, joint contracts for by commissioners, if one town neglect, how built, . same, suit for part of expense, judgments against commis.sioners as to, a town charge, at crossings under highway to join private lands, sign on, to prohibit fast driving, BUOIvEUS. See Bankers. BURIAL GROUND. See Cemetery. not taxed, BY-LA \VS, towns may make, town clerk to publish, of town.s, in force from adoption, . CANADA THISTLES, towns provide kiUing, . .... CANAL LANDS, forfeit for unpaid tax, how assessed, .... CANVASS of vote at town meeting, not to be stopped after commenced, mode of conducting, . statement of minutes to be read, . at elections, conduct of, . CARRIACiE, meaning of term, CATTLE. See Andials. towns may regulate range, pounding and sale of, CAUSEWAY', damage for injuring, penalty for injuring, .... CEMETERY, in divided town, to belong where it remains, .... not taxed, ...... CENSUS, school money distributed after, act providing for taking, board of supervisors appoint takers, CERTIFICATE, official. See under na7nes of officers. CH.4lLLENGE to voter at town election, pro- ceedings, 30, 31 at elections, 124, 128 CHARITABLE INSTITUTIONS not taxed, 151 CHICAGO, ward supervisors of, . . 10! CHICAGO, and North, South and West Chicagoi See CooK County. town meetings abolished ; substitute, 23' town officers, choice of, ... 23 election returns in, .... 24 !?pecial town meetings, , . . .24' CIRCUIT COURT. See Clerk op Circuit Court ; Judge. time of electing judge, . . . .12 jurisdiction on appeal, ... 21 appeal from to supreme court, . . 21 CITIES, powers of supervisor of ward of, 4 ordinances not affected bv road law, 23 CLERK OF BOARD OF "SUPERVISORS. See BoiRD OF SUPERVISORS. CLERK OF CIRCUIT COURT, judge ap point if vacancy, .... 24 209 , 165 33 . »1 34 . 34 126,7 . 231 123 certify township organization vote, receive report of commissioners, distribute notices for first town meeting, transmit commissioners' report to state auditor, record description of towns organized, receive information of duplicated town munes, inform auditor of new town name substi- tuted, ...... to be clerk of board of supervisors, his duties as such, send auditor copy of treasurer's bond, prepare books for county assessors, furnish lists of taxable lands for same, when furnish lists of lands, guide in making such lists, make lists for collector on re-assessment, fees for services as to taxation, notify election to abolish township organ- ization, transmit presidential vote, . make notice to judges of election, make notice of election, form of such notice, .... make abstract of votes, make certificates of election, . duties where two counties in one district, same, travel fees of clerks, certify to pay of election judges and clerks, transmit abstract of vote, furnish copy if returns are delayed, notify of vacancy in legislature, same, in sheriffs or coroner's office, . penalty for non-performance of duty a^ elections, give certificate on contested election, canvass and publish result of election, notify governor of vacant sheriffalty, notify of non-resident pauper, I'M, enter merchant's property on tax list, report same to collector, ascertain penalty for not listing, issue call to fill vacant collectorship, administer oaths as to assessment, compare asscs.sment rolls, correct and copy same ; lay before super- visors, his fees for same, .... extend taxes on copy, .... deliver corrected roll to collector, attach warrant to roll, .... contents of warrant ; form , notify treasurer when tax book ready, advise assessors as to their duties, . pay double damages for neglect of duty under revenue law, .... file county line survey, file abstracts from land office, furnish lists to assessors, . . 169, 170, how make same, . • . lt)9, inform auditor of estate not listed, correct records as to same, compare and correct real estate list for as- sessor, ...-•• make list of railroad property, notify railroad of changed valuation, preserve collectors' tax books, allow for changed value of property, approve county treasurer's bond, . fees for making hsts, . ' ,. x fees for tax abstracts and deUnquent hsts, 16 64 54 56 68 69 59 59 61 62 109 111 112 113 113 116 116 116 116 lis 117 117 118 118 119 121 126 127 146 157 157 157 160 160 164 164 164 164 164 165 165 166 167 167 168 169 177 177 170 170 170 175 177 177 177 178 179 179 292 INDEX. compute taxes due, .... add liny back t;ix and interest, . make resideut tax list, make uou-i'esident tivx list, ab.stract of lists certified-and mailed, penalty for wrong abstract, certif / list of abated taxes, correct and copy list of delinquent lands, deliver .papers for collector's settlement, coinp ire and con-ect delinquent list, take tax books if collector dies, same, have abstract made, record lands adjudged to be sold, such list be process for tax sale, record lots tm sold, .... record redemptions of same, make and deliver transcript of tax sales, malie order for redemption of land, annual report of forfeited land, . record twice paid taxes, give certificate of land sold for tax, books evidence of tax sale, cancel erroneous sale, .... fees under revenue act, .... duties as to arrear taxes, not to buy at tax sale, .... penalty for same, .... iiabie for redemption money, . vacate office by not paying same, duty if county commissionership vacant, elected, hold o.lice four years, place of office, oath, bond, removable for cause vacant office how filled, . . 213, not delivering books to successor, penalty, post statement of county funds, 218, same, fine for omitting, .... file transcript on appeal, provision for office for, .... issuing orders, how signed, . . file treasurer's reports, .... receive no county money, . record annual county settlement, penalty for ueglect of duty, CLEiiK OF ELECTION, judges of election choose, term of office at pleasure of judges, . oaths of, ... . . proclaim opening and closing of poU, make poll books how, .... county clerk certify to pay, penalty for misconduct of, . . 118, keep poll list ; how kept, duty in canvassing vote, attest poll books, .... CLEilK OF SUPilEME COURT, judge ap- point if vacancy, election how contested, CO AOH K3, hackney , not included in road law, OOLLEL-'TION See Collector. OOLLECTOil See County Collector. when elected, elected by ballot, .... ^rm lUties as to oath and acceptance, bond of, executed to and filed with super- visor, • . same, form of, . . . . same, supervisor to approve, and file with recorder, same, farm of supervisor's approval, . same, recorder enter, .... Siime, lien on his real estate, aune, limitation of actions on, . . make bond to county clerk when, neglect to give security and take oath a refusal to serve. .... proceedings if stopped by injunction, 011 re-assessment, board supervisors may appoint, ..... same, bond, compensation, penalties of, 61 game, authority of, .... 61 same, tune of returns by, ... 62 if delay to pay over state revenue, . 62 receive taxes from each of two claimants, 62 entitled to satisfaction piece on accounting. 62 a judge of elections, .... 108 how collect on merchandize, . . 157 warrant for, sub.'tauce and- form, ICo, 166 levy by distress if tax refused, . . 166 payment to, when required, . . 166 proceed where laud in two counties, . 168 provisions as to duty, . . . 171 call on each person, ■ . . . 171 distress if tax refused, . . . 171 notify tax sale, . . • . . 171 return surplus at sale, . . . 171 proceed on removal of tax payer, . . 171 when pa}' over tax, .... 171 take duplicate receipts, .... 172 pay surplus tax to supei-visor, . 172 receive pai't of tax, .... 172 pi'oceed if share undivided, . . 172 proceed when unable to collect, . . 172 file and swear to such return, . . 172 refusing or failing to serve, vacancy filled, 173 same, duties of appointee, . . . 173 same, surety not relieved, . . . 173 same, warrants for successor, . . 173 not paj ing over, proceedings, . 173, 174 compensation of, 175 adverti.se delinquent lands, . . 178 sale of same, when, .... 178 list delinquent lands how, . . . 179 not collect railroad tax, . . . 179 COLLEGES, property of not taxed, . 151 COMMISSIONEUS to lay off county into towns, 14 services of audited by supervisors, . 14 services of paid by county, ... 14 mode of performing duties of, . . 14 name town, if inhabitants do not, . 14 appointed by county court, . . 14 report to county court clerk, . . 15 COMMISSIONEUS OF HIGHWAYS, when chosen, 23, 199 towns may order to raise road tax, . 24 terms of office, 110 draw lots for same, . . • . 110 elected by ballot, 33 formalities as to oath and acceptance, 35 fine for refusing to ser^'e, ... 39 successor to demand books and papers, 39, 40 same to be delivered to successor, . 40 public money to be paid to successor, 40 same, delivery in case of death of, . 40 foi-m of oath at such delivery, . . 40 compensation of, . . . 47 have charge of roads and bridges, 63 repair roads ; repiiir and build bridges, 64 lay out, regulate, alter and vacate roads, 64 describe undescribed highways, . . 64 repair roads and bridges over streams, 65 divide towns into road districts. . . 65 form of description of road, . . 65 form of division into road districts, . 65 assign road labor to inhabitants, . 66 direct overseers of highways to warn for labor, 66 choose treasurer ; his duties, . . 66 his bond, its contents ; form of, . . 66 order of, required to pay money, , 66 annual account to town auditors, , 67 same, items of, .... , 67 same, form of, . . . . , 67 put up guide-boards, . , 68 direct scraper and plow to be got, . 68 time of meeting of, ... 68, 110 assess highway labor, .... 68 INDEX. 293 Bat number of days for each person, . 69| list description of land, and amount of tax, 69| list subscribed and filed, ... 69 form of order of assessment, . . 69 form of assessment of labor, ... 69 form of assessmeut of road tax, . . 69 have copies made and given to oversecr.s, 70 credit persons lining on private roads. . 70 additions to lists, .... 70 penalty for neglect of duty, ... 71 8t;ite expense of bridge needed to town auditors, ..... 71 form of estimate for building bridge, . 71 put up prohibition of fast diiving on bridges, . . - . . . 72, 211 of adjoining town contract jointly for bridge, 72 form of such contract, ... 72 liable on such contract, .... 72 form of notice to join in same, . . 73 appoint to vacant overseership of high- wa3S, . 74 file waiTant and notify such appointee, 74 Bue delinquent overseer, ... 75 auilit and pay bill of overseer, . . 78 apply road tax to road.s imd bridges, . 79 apply unexpended iiionej', ... 80 prosecute delinquent overseer, . . 80 alter, close, or lay out road on petition, S2 same, provisions at length, . . 82 — 108 same, proceeilings on petition, . . 84 sanie, personally'examine route, . . 84 same, have hearing before decision, . 84 same, fix and notify time and place of hearing 84 same, form of notice of hearing, . . 84 to lay out or alter road, cause survey, 85 same, report and plat of survey, . . 85 same, orders to contain plat and survey, 85 same, tile order with town clerk, . . 85 same, fonn of survej or"s report, same, form of commissioner's order, . 85 same, agree with owner on damages, . 80 same, damages otherwise to be assessed, same, form of refusal to alter or close, 86 same, form of agreement on damage, 80 same, commissioners how assess damage, 87 same, benefits of road assessed, . . ST same, fonn of assessing damages, . 87 same, form of owner's release of damages, 87 cause resurvey of county road on peti- tion, 92 same, fonn of petition, . . 9L same, form of notice of petition, . . 92 same, consult original field notes and sur- vey, 92 same, hear evidence, .... 92 same, re-establish such road, . . 92 same, make and file certificate, . . 93 same, form of affidavit to notices, . 93 same, forms of certificate of re-establish- ment 93 subsequent laying out not vacate county road 93 appe.ils from action of, . . . 93 — 101 same, 'fp Road Appeal.. refusing to Liy out road, appeal, . . 99 same, duty if refusal reversed. . . 100 appe;il from if road on town line, . 100 not chamre road for a year after appe.il, . 101 render account of ro;id damages and char- ges 101 same, forms as to accounts, . . 101-2 of adjoining towns, proceedings on road in both. ...-,. 103 of adjoining counties, s.ame, . . . 103 divide expense where road on town line, 104 set off road districts in same case, . 104 open road through improved land, . . 104 same, notify to remove fence, . . 104 same, form of such notice, . . . 104 same, how proceed if fence not moved, 104 same, if appeal, notice when, . . . 105 how proceed to lay out private road, . 106 same, form of order to lay out, . . 106 permit plank or other road on state or county road, 228 approve re-survey of town roads, . . 228 COMMISSIONEKS of Illinois and Michigiin canal, enter forfeited canul lands, 209 CO.MMISSIONER OF SCHOOL fund, super- vise distribution of school money, 201 COMMON FIELDS, provisions as to, 131—133 proprietors, meet annually, . . 131 s;mie, regulate fields by major vote, . 131 same, may fence their part, . . 131 same, election and duties of officers, . 131 same, choose field committee, . . 131 duties of field committee, . . . 131 proprietor's meeting, how called, . 131 same, tjix themselves for exjKjuses, . 132 same, appoint collectors, . . . 132 committee regulate making fences, . 132 same, obey orders of proiuietors, . 132 proprietors may pass over each others land to make fence, .... 132 fence between and other land, . . 132 field committee repair boundary fence when, 132 same, recover amount of delinquent, . 132 notice of laying open lands next, . . 132 same, damages for omitting, . . 133 charges against proprietors, how paid, . 133 s;ime, how audited and vouched, . 133 proprietors may order fines, . . . 133 limit of fines ; appeal, .... 133 to have good fence, . . . . .13.3 animals, when admitted, . . . 133 same, proprietors regulate admission, . 133 COMMUTATION for highway labor, . 75 when to be paid, . . . . 76 CONSTABLE, when chosen, . 23 elected for four years unless vacancy, 23 — 39 additional when allowed, ... 23 number and pay of additional, . , 23 special election may choose if vacancy, 27 elected by ballot, 33 take oath of office, ... 37 give bond ; contents of same; form of, . 88 neglect to give bonds and take oatii, a refu- sal to serve, 39 form of approval of bond of, . . 39 how <'ollect fine on road labor complaint, 77 speci:d at election 114, 115 duty where information refused to assess- or, 161 CONTESTING ELECTION. See vnder Elec- tion. CONTRACTS, towns may make, , . 16 counties may make, .... 50 same, bow made, .... 215 CONVEYANCE, of land to towns, . . 17 of land of divided town, form, . . 19 of laud to counties, .... 51 COOK county , provisions as to town meeting, 110 two-tliird.s of supervisors vote for roads and bridges -^ town meetings in when, . . • • --39 town officers hold over, . • • -jj* town meetings abolished ; substitute, 2^ town officers how chosen, . • • -^ election returns in. ~™ special town meetings, . • • ^j! supervisors may borrow money, . • ^40 bonds, how issued ; use of money, . ^40 special tax for same, . • • ^™ report and record of any tax. . • ^41 CORONER, election to vacancy in office, 118 294 INDEX. 16 58 152 158 50 CORPORATIONS. Rights and duties of towns as, . • • ■ • lanils and stock of, how assessed, . same, receiver how hst, rule:5 for Ustiug property of, . COSTS in town suits, as in private one, COUNTIES. See Bo.^aD op Sdpeevisors; Township Organization ; and under names of county officers. vote on township organization m, . IS, pay commisaioners on townships, . •„■'■* powers and rights of, . • • • ™~^-^ sue and be sued, 50 purchase and hold land, ... 50 make contracts and buy and hold personal property, . . • • • • ^^ galate use of its corporate property, 50 ^j'poiTers but those specially given, . 50 acts by and agiinst to be in name of board of supervisors, 51 conveyances to maybe in any manner, 51, 214 board of supervisors must exercise powers of, 51 mode of serving process on, . . 51 supervisors audit accounts of, . . 53 treasurer receive and pay money of, . 53 j provide book for county treasurer, . . 57| pay for assessors' books, . . . 59j supervisors levy tax of five mills, . . 62j road running into adjoining, proceed- | ings, ..... • 103, how re-adopt county org inizxtion, . . 109 elections where two in one district, . 113; same, travel of clerks ho .V paid, . . 116 provide blank election returns and poll- | books, liable for support of piupers, . when pay expense of sick or dead non resident, recover cost of non-re5ident pauper, title of poorhouse to be in, unsold swamp lands of not taxed, . building? of anl land not taxed, uncertain boundaries how fixed, same, expense pail by each, supervisors levy not over four mill tax, . same, when levied ; lien to secure, . 193 j to be bodies corporate, .... 212| to have county commissioners' court, 212; provisions as to same, . . . 212j obligations to, not vitiated for want of form, 214 same, suit may be brought on, . . 214 agents for, county court appoint, . 215 same, may bind county, .... 215 actions against, where brought, . . 215 same, process how served, . . . 215 same, inhabitants may be vritnesses or jurors, 215 same, county commissioners manage, . 215 judgment agiinst, how paid, . . 215] execution not issue agiinst, . . . 213; jurisdiction of on Mississippi and Wabash, 215] divided, boundary run where, . . 218 size of, minimum, . . . 218 money orders of, how signed, . . . 219 money paid only on order, . . . 223 claims of, payable to tt«asurer, . . 223 receipts by, disposil of, . . . 223 annual financial report, . , 218, 225 COUNTY ASSESSOR, duty if false valuation b/ corporation, 159 COUNTY CLEa,K. See Clerk of county COORT. COUNTY COLLECTOR. See Collector; CoaNTT Trbasorer. treasurer give bond as, ... 53 fees of for collecting, .... 57 duty in case of re-assessment. . . 62 collect on raih-oad property, . . .179 prosecute if same unpaid, . . . 179 collect taxes on receipt of list, . . 186 make sworn delinquent hst, and errors, 186 allow abatements, 186 sell town lots for taxes when, . . 187 make sworn list of delinquent lauds, . 187 form of oath to same, . . . . 1S7 settle accounts June 1st, . . . 188 defiiulting, auditor proceed against, same, warrant how executed, . same, indorsement on warrant, . same, suit on bond of, same, duties and liabilities of special age same, agents file bond, add 50 per cent, on taxes over due, enter taxes received, advertise delinquent lands, take judgment against same, notify of sale, .... dying, county clerk take books, . same, substitute appointed, same, duties of substitute, . receive newspaper with notice of sale, pay printer's fees, sued if printing fee unpaid, . when file list of delinquent lands, form of such list, report such hst up to time of judgment, affidavit to same, deliver transcript of tax sale to auditor, collect and pay unpaid tax, sell to secure same every five years, securities on his bond, attach, refund erroneous taxes, same, liable on refusal, . overpaying, receive surplus back, make return of taxes paid twice, . enter payment ; give receipt, attend tax sale ; offer lands, . sell land to lowest bidder, continue sale untU finished, . file advertisement of dehnquent lands. countersign tax sale buyer's certificate not attending tax sale, liable, not buy or shave warrants or orders, pay over school money, same, proceed when not collected, same, may be sued on refusal, same, Uable for aU though not collectetl, payments into state treasury, fees under revenue act, pay over redemption money, make tax deed, interest remitted when tax books not ceived, . . .... not buy at tax sale, penalty for same, 209 report non-p.ayment of canal land tax, 209 county treasurer not to be, . . 209 falsely returning taxes as unpaid, penalt)', 210 not trade in auditor's warrants, penalty, 210 pay over county school money, . 210 receive auditor's warrants for taxes, not discount such warrants ; penalty, COUNTY COINIMTSSIONERS. See County CoJvraissiONERs' Court. roads laid out bv to be highways, same, order for to be evidence, . duty as to poor non-resident, vacancy in office, how filled, iees of, .... oldest preside, .... approve county treasurer's bond, penalty for neglect of dntv, COUNTY COJIMTSSTONEKS' COURT See CouNTr Court ; Clerk op County Court. . act relative to, . . . 212-221 remove clerk for cause, . . . 213 appoint to vacant clerkship, . 213 188 188 189 nts, 189 189 190 190 190 190 190 192 198 193 193 193 194 194 194 195 195 196 196 195 197 198 198 198 199 199 199 199 199 199 200 201 201 201 201 202 202 202 203, 207 . 206 207 207 209 226 226 91 92 142 213 217 217 222 225 INDEX. 295 appoint commissioner to sell county pro- perty, . . . . .214 appoint agents to contract for county, 215 take charge of county actions, . . 215 draw warrant for judgment against county, 215 sessions of when, proceedings if no quorum, . special terms of, . . . , jurisdiction of, . . , issue process, .... procure county seals, . , have seal ; style of process, enforce writs, jurisdiction limited to county business, punish for contempt, fees of clerk, justices and officers account to, , fees ; oldest preside, . erect jails ; report on same, erect court house, . . . have charge of same, procure land lor county buildings, lease vacant rooms in court house, report annually on county funds, . same, penalty for neglect, . . appeals from ; bond, erect tire-proof recorder's oflSce, use room of court-house for same, . provide fire pi-oof record room, . offer reward for horse thieves, offer reward for fugitive from justice, settle anuuaUy with treasurer, dismiss and sue dcfaiilting treasurer, . publish annual financial report, order accounts of treasurer at any time, dismiss and sue liimon refusing same, . examine him a-s to using county funds, fill vacant treasurerships, duty of such appointee, . . - COUNTY COUKT. See Clerk of County Court ; County ConnnssioNERs' Court. County Judge. submit question of township organization. 215 215 21G 216 21G 21G 216 216 210 217 217 217 217 217 217 218 217 218 218 218 218 219 219 220 £20 220 224 224 224 225 225 225 225 225 issue writs ad quod damnum, . . 221 terms when commence, . . . 221 make regulations as to days, . . 227 permit plank or other road on state or county road, 228 permit plank road to transfer to raihoad, 229 COUNTY JUDGE. See County Court. have county court jurisdiction in suite appoint commissioners to lay oft" townships, 14 duties of such commissioners, . . 14 clerk of. See Clerk op County Court. roads laid out bj' to be public highways, 91 same, order as to to be evidence, . 92 acts of in fcix suits legalized, . . 109 form election precincts, . . 112 change place of voting on petition, . 112 appoint judges of election, . . 112 fill vacancy among same, . . 112 appoint constables at election, . 115 order pay of election judges and clerks, 11 allow expense of poor non-resident, . 14-3 appoint one of the overseers of poor, . 143 appropriate for support of poor, . 143 change custody of poor, . . 143 establish poor houses, . . 144 take land for same, . . . 144 receive donations for same, . . 144 lay tax for same, . . . 144 appoint to charge of same, . . 145 use county fund for same, . . 145 hear complaint for misuse of indentured pauper, .... 147 same, render judgment, . . 147 same, costs if not sustained, . 147 have jurisdiction of tax suits, . . 187 same, to be at regular term, . 193 6;une, hear and deteiTuine on Ust of delin- quent lands, . . . 195 same, forms of order of sale, . . 195 same, signed by judge; force of, . 195 same, appeal from. * . . . 195 fiU vacant county clerkship, . 209 school money how paid, . . 210 pu I, up prohibition of fast driving on bridge, 211 for taxes, ... . . 109 approve county treasurer's bond, . 178 certify to value cf land sold for state, . 206 appoint census takers in Adams, Han- cock, Henrv counties, . . 212 COUNTY OFFICE, proceedings if election contested, . . . . . 119-121 time of election, . . . . 122 COUNTY OFFICERS, account to county, 217 penalty for not doing so, ' . . . 217 COUNTY KECORDER, enter satisfaction of collector's bond, 62 COUNTY ROADS. See Roads. re-survey of, 92, 93 COUNTY TREASURER, powers and duties of, 55-58 file acceptance, give what bond, 55, 183 foi-m of acceptance, ... 55 form of bond, 56 must also give bond as collector, 56, 178, 183 same, how approved, .... 178 bond entered and filed, ... 56 copy of same sent to state auditor, bond lien on his real estate, receive and disburse county money, keep accounts in county book, . collect tax of delinquent or non resident, fees of; return assessment roll, show books to board of supervisors, . books delivered to success/ir on oath, penalty for neglect to deliver books, fees of, . . . . • . no fee for paying over to successor, sued on failure to pay over, auditor prosecute on copy of bond, disposal of monej' recovered from, give satisfaction piece to collector, acknowledge same, fees for such acknowledgment, . not giving bond as collector, vacates, same, successor ajjpointed, pay over tax on delinquent i-eal estate, compare sums to be collected, file receipts of collector for evidence, credit for uncoUectable tax, . proceed if collector defaults, proceed next against sheriff, same, when sue on sheriff's bond, deliver tax books to county clerk, securities to bond as collector, oath as same ; form, bond not void by informal assessment, bond approved by supervisors, as collector, receive non-resident lists, same, give dupUcate receipts for same, same, when taxes due to, . not buy or shave waiTants or orders, fees under revenue act, must not be sheriff nor collector, . countersign county orders, enter particulars of same, not countersign blank order, provisions as to, elected every four j'ears, court, ...... same, repealed ; to be two years, take oath ; form, ... make bond ; form, . . _ • keep books ; mode of milking entries, k^^ correct accounts of pajTuents, pay on what order, . • • 56 66 56 67 67 57- 57 67 57 57 58 58 58 58 62 62 62 160 160 165 166 172 . 172 173, 174 . 174 174 . 177 184 . 184 184 . 184 186 . 185 185 . 201 203 . 209 219 . 219 220 222-226 222 . 217 226 222 022 . 222 223 . 223 296 INDEX. malie annual report, . receive all county funds, give duplicate receipts for same, dismissed and sued on default, settle annually witli county, called on for report at any time, game, vacate on refusal, exohanging county money for money, .... vacancy ho.w filled, penaltv for neglect of duty, . make indorsement on county orders, enter items of such orders, reserve funds to meet same, deliver record of orders to successor, COiJ.MV See Circuit Court; County Court; County Commissioners' Court, Justice op ths Peace ; Supreme Court. COUilT HOUSE, board of supervisors build and repair, erection and care of, . . . 217, CREDITS, term defined, .... valuation of, how listed, ...... CiUiMK. See Embezzlement ; Fine ; Im- prisonment ; Penalty ; Perjury ; Re- ward. DAM.\GE3, rule of in town trespass suit, treble for injuring bridge or causeway, for roids, proceedings to fix, . . 83, same, forms reLitiiig to, . . 83-83, from county clerk tor not doing duty at election, . . ... refusing proper vote, not notifying of laying open lands, brealiing fence by animals, neglect of duty by assessor, . double, for oiUcial neglect under revenue law, DEBTS, of subdivided town, apportioned, deduction in lio'ting for tax, . DEKD^. S:--e Tax Deeds. to counties, 51, DEFAULTING, vacate office, . DEKALB COu\i'Y, higliway commissioa- ers may act as to roads in, DELINQUE.NT TAX See Taxes. DISFilAN'CIIISKMENT for malfeasance by election officer, .... 118, DITCllIE-j, how made and regulated, DIVISIO.V FENCE. See Fences. DOfl.S, county courts or supervisors regu- late, penalty for not obeying regulations, DlllVE.l,, drunken, pen;Uty for employing, 229, same, penalty go to county and complain- ant, ....... same, to be dismissed, same, penalty for not dismissing, . s:iDie, penalty how u.sed, ■o-.vuers liable for damage by, violating ro id law, penaltv, PRIVIN;;, rapid may be prohibited, over briflgo, 72 same, fine for , , . . . 72' pen lit / for rapid, . DU P.-^SE county, sheep and swine not to run at large in, .... . penilt/ for allo-,ving same, EA-5T GALEXA, assistant supervisor in. ELE^ITION. Si-p Ballot; Ballot-box; C.tvllenge; Cl^.rk of Election: .Todoe opElbotion; Vote; Voter: Voting. township organization may be voted for at general, . . vote at in township organziation, how ex- pressed, .... 223: returns of township organization, vote at, 13 223i at town meetings, mode of conducting, 23-35 223' same, who may vote at, . . 31 224| same, result of minuted and stated, 34 224i clerk notify person elected of, . 35 225! form of notice of, ... 35 225 who to be judges of, . , lu8 county commissioners appoint, . 112 225 supervisor or town clerk post notice of, 103 225 s;ime officers, fix place for, . . 109 225 place of to be convenient, . . 109 226 to abohsh township organization, . 109 223 same, operation of, . . . 109 226 same, subsequent choice of county oificers, 109 226 stmie, vote how taken, . . . 109 general provisions as to, . . 111-130 presidential, abstracts of vote sent to gov- ernor, ..... Ill same, canvass by state officers, . Ill same, result of pubUshed, . . Ill 54 same, time of, . . . 122 218 place of, changed in petition, . . 112 160 when opened and closed, . . 114 151 constables preserve order, . . . 114 151 illegal voting at, . . . 114 fine for disturbing, . . . II4 abstnict of votes ; form of same, . 115 same, where two counties in one district, 116 49 tie vote decided by lot, . . 117 72 county clerk to transmit result, . 117 101 canvass by state oScers, . . 117 101 if return delayed, messenger sent, 117 fees of messenger, . . . 117 119 to fill vacancy in legislature, . 118 127 to vacancy in governor's place, . 113 132 same, in office of sheriil or coroner, 118 131 penalty for malfeasance as to, 118, 119 134 contesting proceedings on, . 119- 121 same, contester notify other party, 119 167 same, choice of three justices to hear, 120 21 same, witnesses may be compelled, . 120 154 same, decision how disposed of, . 121 same, no irrelevant testimony, . 121 214 same, when judgment entered, . 121 225 same, testimony of ;uj toother than county offices, .... 121 233 same, costs how and when paid, . 121 same, ballots kept six months for, . I'i9 by general assembl}', when vira voce, 121 119 same, by joint vote, . . . 122 134 same, of judges, . . . 121 betting on, penalty, . . . 122 same, wager need not be staked, . 122 227 state and countv, time of, . . 122 227 supremo court judge, time of, . 123 circuit court judge, when, . . 123 233 of judge, proceedings if contested, 123 state's attorney, and clerks of courts, how 231 contested, . . . .124 230 returns of, how made, . . 124 23) qualifications of voters, . , 124 230 blanlc returns and poll books provided, 124 230 canva.ss of, how conducted, . . 123 230 result of published, ... 126 sectiorLS of revised statutes on, repealed, 127 211 to fill vacancy in sheriffalty, . . 127 211, wlnt constitutes residence, . . 127 23')l extent of application of act, . . 129 1 sale .and use of liquor prohibited at, 129, 130 2R4i same, penaltv for, . . 130 234! of count V treasurer, when, . 226 110iELE(^TION PRECINCT, townships to be, 103 countv commissioners' courts form, . 112 ELECTORS. See Voters powers of at town meting, . . 21, 24 of towns, may fix number of pound-mas- 131 ters . . 24 • of towns, fix locality of pounds, . 24 131 *' elect town officers, ... 24 ik INDEX. 297 of towns, direct as to lawsuits by town, 24 " raise money for roads au(J bridges, 24 " " " '• other purposes, 24 " order highway commissiouers to raise road bix, ..... 24 of towns, ilirect mode of exercising corpo- rate powers, . . . . 24 of towus, direct as to Canada thistles and weeds, 24 of towns, establishand discontinue pounds, 25 " regulate range of cattle, . . 25 " " fences, ... 25 " fix penalties; tiieir limit, . 25 " apply peiialties, ... 25 " make by-laws . . 25 at special town meetings, powers of, . 27 same, fill vacant tovra offices, . . 27 " raise nionet' for roads and bridges, 27 " transact unfinished annual business, 27 of towns, exempt from arrest election day, 28 notice for survey for line of, . . 135 partition regulated and maintained, 1S3, 136-141 liio . 13(5 135 . 136 136 . 137 134 137, 133 139 presidential, abstract of votes for, . Ill s;une, duty and compenstttiou of, . Ill same, fill their own vacancy, . . 112 EQUALIZATION of assessments, . 60 EMBliZZLKMENT, pubUc penalty for, . 224 ESTr.AYS. town clerk register, . 227 person taking up, to register, . . 227 notices for, publication of, . . 227 EVIDENCE. See Action; Suit; Witness. EXECUTOli, assessment of property held as. . . . • . 58, 59 how list property, . . . 152 EXEIMI^'ION from taxes, . .151 I'EKiS. iS'cf under names of officers and offices. of town officers, . . . .47 not due for administeiing oath to town officer, .... 48 clerk of board of supervisors, . . 54 none for examining county books, . 54 for certified copy of county account, . 54 of county supervisors, . . 55 county treasurer as collector, . . 57 count}' collectors, ... 57 clerk for asse-^ssing omitted land, . CO of person re-ussessiug taxes, . 61 on acknowledgment of satisfaction ))ieco, 02 county clerks, for sei-vices as to taxation, 62 on road appeal, .... 101 messenger for election returns, . 117 of overseer of highways, in suits under revenue law, . . 198 officers under revenue law, . . 202 supervisors on road appeal, . . 101 .sheriffs, . . . .207 state's attorneys, . . . 206 board to fill vacant town office, . . 48 on tax sale, . . . 180, 192, 209 FENCES. See Common Fields ; Fence View- ers. town may regulate. ... 25 towns not impose penalties as to, . 25 owner remove for new road, . . 104 penalty for not so removing, , . 104 fomi of notice to remove, . . 104 notice to remove, if appeal, . . 105 provisions as to, . . . 131 — 147 between common field and other land, 132 same, repairs how made, . . 132 same, justices when order repaired, . 134 same, distress for payment for repairs, 134 owner mav make as he chooses, . 134 height to be what, ... 134 hedges or dikes instead of, . . 134 action for damage, if animals break, 134 same, proof of damage, . . . 1351 injuring animals where deficient fence, 1351 same, suit for ; barred in agi'eement, . 1351 by mistake on land of another, removal of, 1351 owner not disturb for one year, . 1351 same, ownera maintain just share of, same, where open land inclosed, same, fence viewers value, . same, form of agreement of owners, same, viewers settle dispute, same, viewers fix proportion of, . same, viewers how chosen, . same, proceedings if dispute, same, damages on refusing to repair, same, form of notice to pay for repairs, lo!> same, form of appniL^al for not repairing, 131) same, proceeding to lay open lands, . 140 same, notice of laying open, . 140 same, form of notice, . . . 140 same, damages for removing without no- tice, .... Siime, repairs on casual injury, . same, form of requisition so to n^pair, same, repairs if requisition neglected, action as to how brought, jurisdiction, prior laws are repealed, FENCE VIEWERS, assessors to be, county commissioners appoint, sworn, .... notify if fence insufficient, . value partition fence, settle disputes as to same, . fix and mark proportions of .same, how chosen to settle disputes, form of notice to choose, form of submission to, form of decision of, *. same, where tliird viewer chosen, if dispute, examine premises, . same, hear parties; decision final, . same, decision how made and filed, appraise damages where partition owner deUnquent, .... examine witnesses, issue subpoenas, ad minister oaths, justices to be where county organization, fees of; how paid and apportioned, 141, 217 FIELD COMMITTEE. See Common Fields. FINE. See Pen.4LTIES. for disorder at town meeting, limit of, by towns, as to thistles, " " in other cases, . for exposure of ballots by moderator, . for refusal to serve by town officer, . for acting before official oath, under $50, supervisor prosecute, for neglect of duty by supervisor, same, ..... neglect of duty by town clerk, refusal to dehver over county treasurer's books, .... 57 neglect of dutj- by highway commissioner, 70 driving rapidly over bridge, . 72, 211 neglect of duty by highway overseer, . 75 neglect or idleness of substitute on road, 76 neglect to appear and work on road, . 76 overseer not returning land tax list and affidavit, .... same, not accounting and paying over, not removing fence for new road, obstructing highway, . . . injuring bridge or causeway, injuring guideboard or milestone, under road law, how sued for, same, voter may sue for, . . illegal vote, .... disorder at election, malfeasance by election officer, wrongly admitting challenged vote county clerk not performing duty at elec- tion, 119 140 140 140 141 141 141 24 133 134 134 136 137 137 137 137 137 138 138 138 138 133 139 141 141 31 25 25 33 39 89 42 44 55 45 79 80 101 . 107 ns . 108 108 . 108 113 . 114 118, 119 119 298 INDEX. injurying or carrjing off poll book, 1191 ways ; Overseer op Highways ; Roads ; refusing testimony in contested elections, 120 Roads and iJRiDGiis. justice refusing to attend deposition in | general provisions as to, . . 63-108 same. . . 120 HU(iS. tiee Ammals ; Swine. county officer not accounting. coimnissioner, omitting report on county funds 218 clerk not posting same, . . 218 embezzling public money, . . 224 neglect of duty by county officer, 225 coUector discounting auditor's warrants, 220[lDlOT, guardian list property of, 217 HOxlSES. See Animals ; Driving. towns may regulate range, pounding and sale of, .... running, penalty, leaving unhi tolled, penalty, HORSE THIEVES, reward for, 25 230 230 220 152 not obeying dog laws, not turning to right on road, employing drunken driver, not dismissing same, . . rapid driving, .... leiviiig tiorses unhitched, violation of road law, sheep and swine at large in Du Page county, .... same, in Henry, Will, Livingston and Lake, ..... for betting on election, voting more than once. Toting two or more tickets, refusing proper vote, election judge admitting wrong vote or te.stimouy, .... proprietors of common fields may lay, 131-133 non-support of paupers by relatives, introduciug non-resident pauper, neglect of, duty by assessor, neglect of duty under revenue act, nnlicensed peddling, collector or clerk buying at tax sale, count/ clerk not delivering over books, FIME ENGINES and implements not taxed, 151 buildings for, not taxed, . . 151 FLO lA, roads in to be highways, . 232 evidence as to same, . . . 233 how vac ited and altered, . . 233 FO.i-FEITUliE. See Fine ; Penalty ; Land ; Taxes, sale for. FRAOTIONS of townships, set off to other towns, . . . . .14 FRE3H0LDE1S, twelve join to call special town meeting, . . .26 FUGITIVE from justice. See Reward. GALENA. See East Galena ; West Ga- lsna. GENSilAL ASSE.MBLY, proceedings on va- cancy in, . . . , 11 elections by, when viva voce, , 121 same, b 7 joint vote, . . , 121 same, of judges, . . . 121 same, mijovit / required in, . . 122 QENH.tAL ELECTION. &e Election. GOVEINO I, duty at canvass of presiden- tial vote, • . . . Ill election to vacancy in office of, . 118 appoint election to congressional vacancy, 118 call election to vacant sheriffaltv, . 12V previous elections to same legilized, 127 GOATS, towns may regulate running at large of, . . . .25 GUAJIDIAN, assessment of property held bv, . . . 58 59 list propertv he holds, . . ' . 152 GUIDEUOA'.IDS, highway commissionera putjp. • ... 67 penalty for injuring, 508 HACKNEY COACHES, not included in road law, 0Q1 HAWKE1S. See Peddlers. HEDGES, how made and rearulated, . 134 HEMRY COUNTY, sheep and swine not to run at large in, . . 234 same, penalty, . . 234 HIGHWAYS See Commissioner of High- 227jlLLlNOlS See State, 229j ILLINOIS AND MICHIGAN CANAL, com- $^30i missioner enter forfeited caual lauds, 209 230 IMPRISONMENT for illegal voting, 32, 129 220 injuring bridge or causeway, . . 108 230 disorder at elections, . . 115 231 county clerk not doing duty at election, 119 injuring or curr\ ing oil poll-book, 234 refusing proper vote, election judge admitting wrong vote or 234 testimony, . . . .129 122 falsely swearing at election, . 129 125 county clerk not delivering over books, 214 125 embezzling public money, 127 rapid driving, violation of road law, 129 INCLOSURES AND FENCES. See Fences ; Common Fields. 142 provisions as to, 144 may be such as owner wishes, 164 height of sundry to be what, 203 subject to laws on fences, 208 INDENTURE of pauper minor, form, 209 deposited with town clerk, . 213 INJUNCTION from collecting taxes. 119 127 224 230 231 131-141 134 . 134 134 . 146 147 . 61 INSURANCE COMPANY. See Corpora- tions. no deduction in listing notes to, . 155 agent report to county assessor, . 159 INVESTMENTS IN BONDS defined, . 149 in stocks, defined, . . . 150 IROQUOIS county, doings as to roads le- gahzed, .... 535 law in. for animals at large, . £55 JAILS, board of supervisors build and re- pair, . . ... 54 county commissioners erect, . 217 JO DAVIESS countv, special tax in, . 232 JOINT STOCK COMPANY. See Corpor.i- TIONS. JUDGES OF ELECTIONS, ivhat officers .-ire, 108 county commissioners sippoint, . 112 their clerk notifv ; sheriff serve notice, 112 appoint clerks of election, , . 112 term of office, . . . 112 vacancies how filled. . . 112, 113 oath of, and of clerks, form, . 113 same, how adniir.istprefl, . . 113 appoint special constables, . 114 impose fine for disorder, . . 114 countv clerk rertifv to pav, . . 113 pen,altv for misconduct of, . 118, 119 may refuse vote fnlselv sworn to, . 119 penalty for wrongly admitting ch<"Jlcngcd vote', . . . . 119 have care of ballot-boyes, . . 125, 126 125 , 126 126 . 1?6 127 128 129 irs ir9 129 receive and deposit ballot unopened, dutv in canvassing vote, make certificate of votes, deliver same to countv clerk, penaltv for refTfirg proper vote, penaltv for admitting incompetent vote, penaltv for admitting improper testimony to SRme, .... indorse voter's name on ballot, S!tr"> poll books, . string and seal iin ballots when counted, return such ballots and poll books, INDEX 299 JUDGES of supreme court, when elected, 122 ot circuit court, when elected, . 1^ supreme or circuit court, vacancy how tilled, ..... same, proceedings if election contested, JUUGMiiNT, ag.iinst town a town charge, against county , how paid, against delUultiug officer, vacate office, JXJiilSUiCTlON. See under tiantes of courts I aiu/ officers. JUROii, when inhabitant of town may be, | in towTi suit, . . . .49! JTJSTU'ES Ofc' THE PEACE, when chosen, 2a elected but once in four years, unless viicmcy, . . . 23, 39 proportion of to population, . 23 additional, term and powers of, . 23 join to call special town meeting, . 2lj special election may choose if vacancy, 27 join in tilling vacant town office, . 40 accept resignation of town officer, join in auditing supervisors' account, adjoining common field, notice of laying open, ..... 132 123 113 5U 215 22-5 tcmi defined, . . . 149 of non-resident, assessed where, . 159 other than government, divisions of, how surveyed, platted, described, , 167 such description of valid, . . 167 assessor when cause such survey, . let assessment of government, school, canal, saline, , . . . . 109 non-resident, no separate list of, . IT!/ delinquent, considered non-resident, . 179 conditions of buying at tax sale, . 191 tax sale, suits to be at regular term, . lilo unsold by tax sale, forfeited to state, 19'/ same, county clerk certify as to, . 19tf same, how redeemed, . . . 190 sold for taxes, how redemption of, . 197 erroneous taxes on refunded, . . 197 40! non-resident, how Usted, . . 208 41 'law. Sre Suits at Law. 43 LAW OF TILE ROAD, provisions on, 229-231 43 LEGISLATURE. See General Assemelt. 43 LIEN, collector's bond to be on his real estate, 37 56 37 entering certificate of same, form of such certificate, not entertain suit where his town a party, 49! county treasurer's to be same, duty on complaint for not doing road labor, 76 LIMITATION of action on collector's bond. form of summons in same, impose fine on same, form of warrant for fine on same, pay over fine to overseer, duty on road appeal, entertain suit on road appeal bond, fees on road appeal, . jurisdiction under road laws, appoint election judge if vacancy. of action on constable's bond, . . 38 77 LIQUOR, forbidden at elections, penalty, 130 77 LISTING Pi;01'ERTY. See Assessment. 78 LIVINGSTON county, penalty for sheep and 95, 96 swine at large in," . . .2.34 95 LOT, tie vote decided by, . . 34 101 decide terms of highway commissioners, 110 lOSi decide tic for legislature or county office, 117 113 LUNATIC, guardian list property of, . 152 make abstract of vote with county clerk, 115 McLEAN county, sheep and swine not run three, decide contested election, . 1£0: at large in, .... 238 same, powers of, . . 120, 121! MAJORITY, must vote for township organi- Bame, summon witnesses by sheriff, san^e, issue attachment for witnes.scs, same, refusing to act, fined, Bame, certifi decision on county office, same, duty as to state office, same, refuse irrelevant testimony, same, when enter judgn:ent, same, duty as to other than county office, san.e, to have their costs paid, order rtpr.ir of partition fence, . enforce pajmentcf same by warrant, duty on complaint for damaging fence, under county organization, to be fence viewers, .... jurisdiction in actions on fences, to be overseers of poor, . administer oaths as to assessment, VJ)\ zation, .... 14 1£0[ must decide questions at town meetings, 80 iLOi of supervisors, a quorum, . . 64 1211 " " pre-seut, to carry vote, 54 121! in elections by General Assembly, . 12] 121' regulate common fields, . 131 121 MANUTACTURER, property and stock of j how listed, .... 156 121 machinery of, how listed, . 166 121 MARRIED WOMAN, husband list property 134: of, 152 134 MASON county, sheep and swine not run at 1351 large in, . . . .237 I penalties, exceptions, . . 237 141 MERCHANT, property in possession of, how 141: listed, .... 155,157 143' penalty for not listing, liiO MILESTONE, penalty for injuring. dut<-whiTc information refused to assessor, 161 MILITARY TRACT, land in how listed. art in filling vacant collectorship, account to county court, ji'.risdirtion under road law, jfANE count'", hi.','hway commi.ssioners may act as to .sfcite roads in, KANKAIvEE county, towns of support their own poor, .... provisions as to mode "f doing so, . non-re?ident prtupers v.:, electors re.Eulnte support of paupers, LAKE count'-, penalty for sheep and swine at btrcrc in, LANDS. Sfp- Assessment ; Common fields ; Fencfs: Real Est.\te; Tax. to\vns mav purchase and hold, . coTivevancos of for benefit of towns, may be in any manner, of town, court mavp.artition on judgment, 49 conntr may purchase and hold, where assessed. 15 108 162 146 147 162 173 MINORS, pauper, bound out, 217 provisions for same, . 231 gu.ardians list property of, MISDEMEANOR, illegal voting at town 235; meeting to be, ... 32 i neglect of duty by town clerk to be, . 45 2,36' collector's falfe return to be, . 209 236 wpid driving to be, . . . 230 236 driver's violation of road law, . 231 236 MODERATOR OF TOttTS' MEETING, how I chosen, .... 28 oath of, . • • • .28 to refjulate business, ... 30 close meeting if business done, . mode of pnr-crvirp; order, deposit ballots in box, penalty for cxposin-e of ballots by, canvnss votes at close of meeting, 10 MONEY', term defined, 58 v.ilnation of, . 234 16 assessed either to owner or tenant, assessment of omitted. . 58 MULES. See Animals. 60 towns regulate rmming at large of, 30 3.3 .34 33 150 154, 156 25 ■^jiL 300 INDEX. NON-RESIDENTS, lands how assessed, 58.163 lands of, supervisors change description of, 60 sick or dead, expenses how paid, lands where assessed, . separate list of land not required, lands how listed, poor, in Kunliakee county, NOTICES. Se6 under names of Officers ; aZso Appeal; Assessment; Election; Taxes ; Town Meeting. for first town meeting in new town, . same, county clerk deliver, sheriff post, bame, form of, petition lo divide or change town limits, freeholders' meeting to organize town, apportionment of town property, annual town meeting; and form, same, town clerk give, special town meeting, lorm ()f th same, pound master's sale, and form, Oiisiing lots on tie vote, of election, town clerk give, same, form, . . of accepting overseership of highways, of accepting pound mastership, appointment to vacant town office, same form of, . meeting of board of supervisors, same, form of, oompletion of assessment roll, same, contents of, review of re-assessment, amount of road tax and form, to work out road tax, of road appeal, and form, to remove fences, and form, of general election, meeting of commissioners of highways, appointment of judges of election, of election, change of railroad valuation, OATH. Site under names of Officers, and Api'idwit. official, of moderator of town meeting, same, who administer, same, form of, for challenged voter, form, same, additional, form, of chHllenged voter's witness, form, false by challenged voter, is perjury, of town officer-!, how and when taken same, certificates of to be filed, same, neglect to take a refusal to serve, fine for acting before taking. form of, at delivery of books and papers to successor, of town officers no fee for administering, chairman of supervisors may admini-ter, at delivering county treasurer's books to successor, of person to reassess taxes, of election judges and clerks, of right to Vote, effect of, for challenged or suspect ed voter, term defined, of assessors, form of same, collector not taking, vacates, to agses.soi's reiurn, form, county collectors, form, county clerk's, county treasurer's, form, OFFICE. Src Bund; Official; Oath; Town Office; and name of officers and office. OVERSEER OF HIGHWAY, when chosen, file notice of acceptance, not doing so a refusal to serve. 23 29 29 31 31 32 32 35, 36 35 36 39 40 48 54 57 61 113 113 124,128 150 1.S9 160 162 184 213 222 fine for refusing to serve, rate those aildfd to list, appeal from rating by, duties of, . . . .74, keep highways in repair, warn persons liable to road labor, collect fines and commutations, execute orders of commissioners, give in list of persons liable to labor, form of such list, vacancy in place, how filled, substitnte duties and liabilities of, same, his warrant of app intmeut filed, same, notified of appointment, same, form of appointment, penalty lor neglect of duty, same, how applied, form of notice to work on h'ghway, . give three days' m.tice of work, how use commutation money, may require teams and tools, rate of payment for same, compl in of persons not working on highway, .... proceedings under complaint, expend fine on same for roads, excuse by, not exempt from labor, compensation of, how paid, notify all persons liable to work or roads, may receive substitute, may receive tax in money. enter payment of tax on list, deliver land tax list to supervisor, make affidavit to sui h list, form of such affidavit, penalty for not delivering list or making affidavit, .... have three-fourths of work done by Octo- ber, ..... render annual account, contents, formofannnal account. pay over unexpended money, ' penalty for not accounting and paying, same, commissioners of highways sue for, same, cause apprisal if owner refuses, take timber and materials, terms, same, awa?d final, same, torm of award, . , OVERSEER OF POOR. The Supervisor of each township to be ex officio overseer of the poor in their respective town- ships, .... 44 compensation of, ... 47 accimnt to b lard of supervisors, . 55 pay expetises of sick or dead non-resident, 142 who to e, powers of, . . . 148 duties nf, make repiirl and list of poor, 143 allow for pauper's ability to work. . 144 authority cease if poorhouse, . 145 bind Got poor minors, . . 146 same, form of indenture, . . 146 watch over such minors, . . 147 Kankakee county, provisions, . 236 PARTITION FENCE. &e Fences. PARTNERSHIP, effects how listed for tax, 162 PAUPERS. iSlse Overseer op the Poqr; Poor; Poor-House. provisions as to, . . . 142 — 148 who considered, . . . 142 relatives support if able, . . 142 penalty for failure to support, . 142 from bad conduct, who must support, 142 order of liability of relatives, . 142 married woment not liable, . . 142 without relatives, how relieved, . 142 if relatives refuse, same, . . 142 Mim!u INDEX. 301 person to whom committed, duties of, B.ime, give bouU, stuue, bond Uow altered, county court appropriate for, . " " niiiy change custody, . residence of, how ascertained, . 144, non-resident, removal of, . . 144, rcsideuce defined, nou-ret-iileut, hue for introducing, , iiiiiior, uiu\ be bound out, same, term of service ; instruction, . same, to receive what is paid by master, BJime, overseers supervise treatment, same, proceedings if abused, property used for, not taxed, PKi)l>LEHS and hawkers, state or county licenses for, . . penalty for unlicensed, . PliNALTlES. ISee Damages ; Disfranchise- MKM ; Fine; Imprisonment. as to thistles and weeds, limit of by towns limit of lor breaking town ordinance by towns, the} ma) apply, . of perjury for false swearing at town elec- tion, ..... for illeg.al voting at town election, . injuring bridge or causeway, injuring guideboard or milestone, . under road laws, how sued for, . same, voter may sue for if town does not, disorders at elections, . 114, malfeasance by election officer, . 118, county clerk not doing duty at election, injuring or carrj ing off poll book, . Toting by non-resident, . judge of election atUnitting improper vote or testimony, . 128, selling or using liquor at elections, for not listing property, railroad not listing property, neglect of duty under revenue act, . bu;, ing auditor's warrants by collector, embezzling public money, rapid driving, violation of road law, PENSIONS, not considered annuities, PEORIA, additional ward supervisors of, PEOKIA county, highway commissioners control state road in, . PERJUlxY, false swearing at town election to be, .... false swearing at election to be, . 122, PERSONAL PUOPERTY, towns may pur- cha.se and hold, of divided or altered town, apportioned, counties may purchase and hold, ■where asse.'scd, .... term defined, how listed, . . .152, how valuation made, assessed annually, liable for real estate tax, assessment a lien on, PETITION for township organization, same, form of, . to lay out, close or alter road, game, form of, . same, contents of, . same, copy of to be posted, same, form of affidavit of posting, . relocating or vacating state road, same, form of, . . . same, how notified ; form of notice, resurvev of county road, same, forms, .... on excessive road damages, . • same, foiTn of, . as to road on town line, for abolishing township organization, . 228 229 115 119 124 33 125 126 120 143 PIKE. See under KoADS. 148 I'LANK UOAl). i>ce under lio.KDS. 143 provisions as to, . . . l4o may trauslir road to railroad, . 143 PLANK KOAU COMPANY. &e Corpora 140' TIONS. 141) POLL HOOKS, how kept, 144 j penalty for injuring or carrying off, 144 1 county provide, 14(3: signed and attested by judges and clerks, 129 147 names in to be counted, . . 129 147 POLL LIST to be kept at town meeting, 147] form of, ... . 147 at elections; how kept, . 151 comp.ired and corrected, ! kept in ballot-box, 207 POOR. See Overseer of the Poor ; Paupers 2US; board of supervisors have charge of, 54 of Kankakee county, towns support, 230 I provisions as to mode of so doing, . 236 , 25 POOR FARW, county court may buy, 144 251 board of supervisors may sell, . . 148 25' former .sales and deeds to be legal, . 148 POOR HOUSE, board of supervisors have 32' charge of, .... 64 32' county court establi.sb, . . . 144 108 same, take land, donations, and lay tax 108 for, . . . . 144 108 same, appoint persons to charge of, . 144 loS title to, in couuty, . . . Ii6 115; county funds may be used for, . . 145 liy nottiixed, .... 151 119 POUNDS. See Animals. 1191 located at town meeting, 128 1 towns may establish and discontinue, I POUND MA'STERS, electors fix number of, 129; when chosen, 130 1 to have care of pounds, 157 1 form of notice of sale by, . . 1761 file notice of acceptance, 203! not doing so a refusal to serve, . 210 fine for refusal to serve, 224 ! compensation of, ... 230 PRECINCT J USTICES AND CONSTABLES, 2311 disused, .... 150 PRESIDENTIAL ELECTION. See Elec- 109! TION. PRIVATE ROADS, credit to persons work- 238! ing, 24 26 2;i 23,24 23 70 I how laid out, 321 See Road, private. 128 PROCESS. See Actions. when to be served on town. how fervid on board of supervisors, how served on county, . of county court, same, style of, 105, 106 49 51 215 216 216 150 PROPERTY. See Assessment; Lands; 153 i Person.^l Properis ; li£AL Estate; 154 Taxes. 159 all to pay taxes, . . . 149 187 term defined, . . . 150 199 what exempt from taxation, . . 151 1.3 public, what not taxed, . . 151 13 mode of listing, . . . 152-159 82 of state or institution, if leased for over 82 ten years, how listed. . . 152 82 PROSECUTION. See Action ; Fines ; Pen- SSI ALTIES ; Suits. 84' under road laws, . . . 108 89 PUBLIC GROUNDS, buildings, water works, 89 not taxed, . . • .151 91 PUBLIC MONEY, penalty for embezzling, 224 92 dofauk to pav, vacate office, . • 225 92 PUTNAM countv, sheep and swine not run 102 at large in, " . . . -^38 103 QUI TAM, for road law penalty, . 108 103 RAILROADS. See Corporations ; Roads. 109, exception ae to assessment of, . . 68, 175 302 INDEX. penalty ou, not making tax list, list ot" bow made, property taxed where, notified if valuation changed, certified statement for tax, tax liow collected, sued if tax not paid, appeal from valuation, same, bond required, same, when and how tried, . same, not delay p-iymg tax, . REALESTATK. See Assessment; Assess OR- bvNDs; Real Property ; Taxes. of divided town, apportioned by supervi- sors and assessors, of collector, his bond lien on, of county treasurer, same, ■where assessed, of corporations, where assessed, equalization of assessment ou, in military tract, how listed, how valuation made, when to be assessed, held >Ij.y 1, to be taxed, liable for personal tax, . relieved where personal property, . proceedings where levied on for state, same, subsequent redemption, . redemption money paid over, unredeemed, auditor to take deed of, same, auditor sell, REAL iniOPERTy, defined, how listed, .... 152. REOEIVE li, how list property, . RECO,=lDEli. See CouNTi' Kecobder. enter town collector's bond, provision for oflice, . RELAnVES, support paupers, . REPilESENTATlVB. See General Assem- bly. RESIDEXCE, a qualification of voters, 124 what constitutes, ■ . 127, 128, 129 penalty for voting without, . . 128 of paupers, mode of ascertaining, 144, 143 defined, . ■ - 144, 146 REVEXQE. See Assessment; Assessor; Board op Supervisors; Collector; CouNiT Colleotob; County Treasur- er; Debts; Reassessment; Taxes; State Rbvbsue. laws relatiag to, . . . 149-210 all property taxed, . . . 149, definitions of terms relating to, . 149, loOi property exempt from, . , 151, ISO! lists for taxes how made out, '' . 152 1 rules for valuation, . . 154, 180 deductions in listing, . . 154 assessing mercantile, manufacturing and banking property, . 155 assessing banking and corporate property, 158, 181 1 assessors, duties of, . , . 159, real property, how listed, . . 163 collection, how made, . , , 171 i sales for taxes ; notice, . , 171 same, use of surplus, . . . 171 proceedings on defiulting collector, 173 assessment and taxes in township organi- | zation, . . . 175-179, 183 tax for paying state debt, . . 181 delayed assessments legalized, . 182 state tax to relieve revenue, . 182' collection under township organization, | 183-204! previous tax deeds valid, , 204 tox deeds invalid where tax paid, . 204 penalty for oificial neglect of laws on, 167 auditor furnish forms and instruction under law, . . . 170 183 197. 176 1 collectable in what currency, 176 bonds under act on, release of, 176 suits under, abatement of, 177 same, conduct of, fees of, 179 auditor print and distribute act, 179l fees under act, 1791 penalties tor neglect of duty under act, 181 ! law lor, appUes in townships, 181 REVISED SiATUTE, repeal of part of on 181; elections, .... 181 REWAtlD tor hor.se thieves, . for fugitives from justice, RIVEilo may be boundaries of townships, ROADS. See Bridges ; Causeways ; Com- missioners OF Highways ; Driver ; Drivi.nq ; Overseers of Uighways ; Plank Koads ; Private Koads ; Rail- roads ; Roads amd Dridues ; State Roads. highway commissioners, authority of, same, general provisions as to, same, describe undescribed, district commissioners lay out, labor on how assessed, . who liable to labor on, owner of land both sides of, may make crossing under, where work on to be done, three days notice of work due, when work on may be in another district, commutation for work on, . 75, 78 18 3 56 58 58 60 152 154 159 169 187 205 205 206 206 206 208 149 163 152 37 219 142 198 2U2 2U2 203 204 127 220 220 14 64 82-l(J8 64 65 76 same, how used ; when paid, substitute, admissible, . . 76 same, hours of work ; penalty, . 76 same, penalty for idleness, . . 76 fine for not appearing and working on, 76 complaint and proceedings for not work- ing on, . . . .76 rate of allow.ance for penalties on same, 78 excuse by overseer not exempt from, 78 three-fourths of work to be done by Octo- ber, ..... 79 laying out, altering, closing, . 82-108 same, on petition of twelve freeholders, 82 same, substance of petition, . . 82 same, forms for petitions, . . 82 same, copy of petition to be posted, . 83 same, proceedings of commissioners, 84-108 proceedings to fix damages, . . 86, 7 form of release of damages, . . 87 public, to be four rods wide, . 91 public are public highways, . . 91 in counties, adopting township organization, 91 extending into adjoining towns, . 103 into adjoining counties, . . 103 on town line, joint proceedings, . 103 same, labor on apportioned fairly, 104 same, districts for how set off, . 104 same, rule for those heretofore laid out, 104 on state line, rule for laying out, . 104 opening, provisions as to, . . 104. 5 same, through improved lands, . 104 same, notify to remove fences, . 104 same, form of such notice, . 104 same, proceedings if fence not moved, 104 same, penalty for not removing fence, 104 ordered opened on appeal, to be opened when, . 105 private, commissioners may lay out, . 105 same, method of proceedings, , 108 same, damages how paid, , . 106 same, right of way in applicant, . 108 same, form of application for, . . 105 same, form of order laying out, . 106 same, not over three rods wide, . 107 obstructing, . . . 107, 8 same, penalty for, . . . 107 same, what not unlawful, . . 108 injuring bridge or causeway on, , 108 INDEX. 303 same, penalty, . . . 108 injuring guideboard or milestone on, pen- alty , . . . . • plauk, gravel, macadamized, or pike, same, made on state or county road, Bamo, over private land, same, widtli ol', of town, board of supervisors re-survey same, clerk record re-survey, . same, copy to be evidence, . same, previous proceedings legalized, la.v 01, • ■ . . carriages turn to the right, same, peualty for neglect, drunken driver, penalties for employing rapid driving on, penalties, . leuving hor>e.s unnitched, penalty, owners liable for damages by driver, Tiolatiou of law of misdemeanor, " carriage, " meaning of, hackae_\ coaches not included in law, justice's jurisdiction under law, what are public highways, in Jieividere and b'lora, highways, . in Bloomingdale, doings legalized, in Iroquois county, doings legalized, in Will county, a survey contirmed, ROADS AND BRIDCES, towns to lay tax when special town meeting may raise money for, .... supervisors appropriate funds for, 53 pro-iisions as to, . . 63-10 commissioners of highways, have charge of, C3 siiuie, have them rep;ured and built, C4 over streams, highway commissioners re- pair, materials may be taken for, Siime, owner's consent necessary, same, appraisal if owner refuses, same, award final, same, form of award, in Cook county, two thirds of supervisors must vote, . . . .239 ROAD APPEAL, from commissioners' pro- ceedings, . . 93-101 when, to whom, who make, . . 93 to be written and signed ; contents, 93 fonn of, . . .94 addressed to town clerk, and filed, . 95 if no cierk, to supervi>or or justice, . 95 bond filed by appellant, . . 95 same, form of, . , . .95 same, suit on, ... 95 three supervisors to hear; how chosen, 9u same, certificate of appointment, . 9 same, form of certificate, . . 96 same, notice of appeal, . . 93 same, form of notice of appeal, . 96 same, proceedings of supervisors at hear- ing, .... 9; appellant give notice of meeting, . 96, ' same, foiTa of notice, . . 9i same, form of affidavit of services of notices, 91 ■ " ■ 9S 98 99 100 100 100 100 100 101,2 101 101 102 102 102 105 105 108 228 228 228 22* 22'J 22b 22ii 229-231 22l> 229 230 231. 23i^ 23U 231 231 231 231 231 232 23;5 235 237 for, 24 mode of making up decision, fomi of supervisors" order on, . on refusal to lay out road, . in case of road on town line, same, to both town clerks or officers, same, joint proceedings, same, duplicate copies, . . same, bond how drawn, . damages, provisions as to, . . same, hnw assessed and paid, . same, form of statement of, same, form of .auditor's certificate, same, form of aggregate account, . same, form of clerk's certificate, when fences to be removed on, roads ordered on, to be opened when, ROAD DISTRICTS, commissioners lay out, ft5 when residents in one work in another, 75 how setolf, where road on town line, 104 iiOAD TAX, towns may direct, . . 24 rate of, what to be, ... 24 highway commissioners assess, . . tiH notice to work out, ... 78 may be paid in money, . . .78 payment of entered by overseer, . 78 overseer furnish Ust to supervisor, . 73 board of supervisors levy and pay over, 7!) aATlSFACTlUN PIECE, collector entitled to, 62 SCIIOOLi conunissiouer receive order for sdiool money, receive money on same, SCHOOL FUND, interest how paid, SCHOOLS, projiertv used for not taxed, 6ECUETAKY OK "STATE, report number of white children, . .SENATE. . See Gkner.\l Assembly. SIIEI'JP. See ANIMALS, towns regulate running at large, . not run at large in Du Page county, .same, in Henry, Will, Livingston, Lake, may run in \\'ill county, not run in Mason county ; exceptions, nor in Stiuk, Putnam and McLean, SHERIFli' to post notices of first town meet- 201 201 210 151 210 25 234 2.34 235 237 233 15 57 112 113 111$ 125 127 127 county treasurer have power of to raise taxes, .... notify judges of election, post notices of elections, election to vacancy in office, distribute blank returns and poll-books, vacancy in office, how fiUed, same, previous Ci'iing of legalized, . duty on default by collector, . 173,174 same, how collect and make return, 174 liable if failing so to collect and return, 174 tax de(9 SPECIAL CONSTABLES. See Const.\bles. SPECIAL TOWN MEETINGS. See To\\T( Meetings. STAGE COMPANY, where stock taxed, STARK county, sheep and swine not to run at large in, STATE. See Gener.'VL Assembly. property of not taxed, . pay usual law fees, pay usual commissions, . . rate of taxes, levy in favor on real estate 58 233 151 198 198, 204' 2a5 STATE DEBT, one and half milltax for, 181,1S2 half mill tax for, - . . 153' provisions for paving, . . . 183 STATE ELECTION, time of, . 123 STATE LINE, roads on how laid out, VM STATE OFFICES, vacancies in how filled, 124 STATE Kf;VENUE, county collector pay over if delayed, 62 STATE IIOADS', board of supervisors may relocate or vacate, . . 53 same, mode of proceeding, . 80 board of supervisors not alter, . 91 in townof Wa.vue, alter.ation of, . 233 in Kane and DeKalb, highway commis- sioners may control, . • 233 in Peoria county, highway commissioners control, . . 233 STATE'S ATTORNEYS, sue if auditor re- 20(5 206 quires, fees of. STATE TAX, one and a half mill, halfmiU, 181 182 304 INDEX. STATE TREASURER, pay over to revenue fund, .... 183 pay over to interest fund. . . 183 duty iis to payments by collectors, 202 STATdTE ou elections, repe;il of part of, 127 STOCKS. .Vfe (Jorporatioxs , Stage Com- pany; Hailroad; Toli-Dkidge. investment in, defined, how listed for tax, valuation of, . unp.iid, no deduction in listing, SUiTo AT LA\V. See Action. to'.vn meetings direct as to, SU't>a.'>,ViSOi{,. See Assistant Supervisoe; Board op Supervisors. dLspose of real estate of divided town, game, duty of part of town set off, form of deed of, of land of divided town, aijportiou property of altered or divided town, form of such apportionment, three days' notice of apportioning meeting, 21 form of notice, ■when elected, join to call special town meeting, notify same if town clerk absent, to be elected by ballot, . . S3 formalities as to oath and acceptance, 35, 331 approve bond of collector, . . 36 indorse approval and file same, . . 37 j form of approval, . . , 37 approve constable's bond, . . 38i endorse and file same, . . 38] fine for refusing to serve, . . 39 j successor to demand books and papers, 39, 40 same to be delivered to successor, . 40 i public money with, paid to successor, 40! same, payment and delivery at death of, 40 j form of oath at delivery and payment, 40 join in filling vacant town office, . 40 duties of, . . . . 42-44 receive and pay town money, . .42 giveboad; whr.t bond, . . 42 to be sued on forfeiture of same, . 42 prosecute for penalties under $50, 42 1 keep accounts of receipts and payments, 43 account annually, . . 43j attend annual meeting of county board, 43 , receive accounts against town, . . 43 j lay before county board copies of money entries, .... 44] fine and forfeiture for neglect of duty, 44 assistant, powers of, . . .44' same, in East and West Galena, . 110; form of bond of, . . .42 form of clerk's approval of bond . 42 form of account book, . . 43 compensation of, . . 47 to be served \vith process in town suit, 49 take charge of town suit, . . 49 lay election certificate before board, 52 fees of, .... 55 attend meeting to review assessment, 60, 161 join in reviewing reassessment, . . 61 prescribe and approve bond of treasurer \ of highway commissioners, . . 63 receive road tax list and lay before board, 79 three, entertain road appeaJ, . . 93, 95 same, proceedings, . . . 93-101 duty on road appeal, . , 95, 93 same, when teiin of office ends, . same, compensation on, same, road not to be changed for a year, same, proceedings if excessive damages, to be a judge of elections, post notice of general elections, fix place of holding elections, . . in wards, in Chicago and Peoria, complain if indentured pauper abused, receive and hold surplus tax, act in fiUing vacant coUectorship, . extend time for tax collection, . sue on bond of defiiultiug collector, I in Cook county, be moderator. ISUPilBME COURT. See Clerk of Suprejie 18 Court ; Judge. 19 when judge elected, 19 SURETY. Deduction for in tax Ust, ■ |SWINE. iSfc Animals. 20] not run at large in DuPage county, . 20,' same, in Henry, Will, Livingston and Lake counties, towns regulate running at large, not run in Mason county , exceptions, . nor in Stark, Putnam and McLean, 150 151 154 155 24 101 101 101 l'J2 108 108 109 1U9 147 172 173 173 174 23a 123 154 234 234 237 233 26 TAXES. &e Assessment , Assessor; Col- Collector; Revenue; Road same, sue on bond, same, meeting on hearing, same, notice of meeting how given, same, process may issue and vfitnesses be svunmoned, same, contents of decision, same, lay out road on reversing refusal to do so, 100 24 57 67 58,63 62 61 same, substitution where unable to attend, 101 LECTION Tax. what town meetings may lay, delinquent and non-resident, county treas- urer collect, .... collector's fees, assessment and collection of, double, where two claimants, if injunction, proceedings to collect, county supervisors not to levy more than fivemiUs, .... 02 effect of law of 1831 on prior law, . 63 county judge have jurisdiction in suits for, 109 for poor house, . . . 144 aU property pay, . . . 149, 2')7 what exempt from, . . . 151 on real estate held May 1st, . . li;9 laws on assessing and collecting, . 149 — 210 sale for, when, .... 178 same, may be helil subsequently, . same, in case of appeal, . same, fees for, how charged, on railroads See Railroads. one and a half miU, half mill, .... computation of, . . . suits for, count)' courts hear, real and pei-soual property Uable for, on town or city lots, sale if unpaid, lots forfeited for, , delayed, 50 per cent, added to, may be paid in advance, unpaid, conditions of s.ale for, notice by purchaser of same ; form, same, talse swearing to be perjury, . same, expenses how paid, suits and orders as to sales, when, . form of order of sale, lands unsold for, forfeit to state, unpaid, sale every five years for, land sold for, redeemable when, same, redemption how made, erroneous, refunded, count}-, rate of; when levied, . paid more than once, return of, some, not refunded, sni meeting, penalty of illegal, 32 at town meeting, modes of, . .33 tie in decided by lot, . . 34 illegal, penalties, . . 113, 129 fraudulent, penalty for permitting, . 119 to be but once, .... 125 twice, or double tickets, fine, . 125 to be by ballot ; mode of, . 125, 129 WARD, guardian list property of, . 152 WARD SUl'EKVISOKS, Chicago and Peo- ■ ria, . . . . . 109 AVAR KANT. See vw/er Voi.LF.CTon; Justice. AVATERHORKS, public, not taxed, . 151 AVAYNE, state road in altered, . 23.3> same, mode of proceeding, . . 233 AVEEDS, town may provide for killing, 24 AA^';ST GALENA, assistant supervisor in, 110 AA'ILL county, penalty for sheep and swine ai. large in, . . . .234 sheep may run at large in, . . 235 road survey in confirmed, . . 237 AA'ITNESS, inhabiUmt of town may be in town suit, .... 49 in contested election, fine of contumacious, 120 where information refused to assessor, 161 same, penalty of contumacious. . Ittl INDEX TO APPENDIX. ADJUTANT-GENERAL to report subjects of military duty to the secretary of war, U. S 245 ARTILLERY companies may be organized 261 BOARD OF HEALTH, who shall constitute 271 may make rules and regulations 272 may shut up infected houses 272 town clerk to keep records -272 compensation of. 272 compensation and bills to be audited 272 act to be accepted by supervisors 272 BOARD OF REGISTRY, who shall consti- tute 266 timeof meeting 266 session two days 266 may take poll list filed 267 when shall complete register 267 shall file original list 267 may post printed copies of list 267 proceeding in case of new district 267 meeting before election 268 proceedings shall be open 268 duty to erase names 268 four copies of lists to be certified 268 may appoint a clerk 270 compensation of board and clerks 270 power to preserve order 270 BOATS, proceedings in case of estray 249 BONDS, issued for war purposes 257 amount of. i 257 trust funds may be invested in 258 CAVALRY, companies may be organized... 261 CENSUS, to be taken every five years 243 commissioners to take, how appointed 253 when to be commenced 243 what facts to be ascertained 244 to be made by actual inquiry 244 when returns to be made 244 penalty for default of commissioners 244 judges to charge grand jury concerning.. 244 penalty for refusing information 245 compensation of commissioners 245 returns made to speaker of the House 245 COUNTIES, which have adopted township organizations 267 DISTRICT ROAD TAX, duty of county clerk in extending 278 duty of county and township collectors to make abstracts 278 commissioners of highways to pay over tax 278 DOGS, owners liable for damages done 245 doing damage, any person authorized to kill 245 DRAINAGE, who shall be commissioners... 272 applications for drainage 272 notice to be given 272 commissioners to agree on time of meet- ing 273 to give notice of meeting 273 form of application for drain 273 form of notice to owner or agent 27S form of notice by coiumissioners 273 determination of the commissioners 274 in case of neglect to make drain 274 expense, how recovered 274 when drain is a damage 274' ' water to be conducted oft' 275 decision of commissioners to be noted on back of application 275 fees of commissioners 275 appeal, when and how taken 275 form of decision of commissioners 275 time for hearing appeal 276 . proceedings on appeal 276 form of appeal 276 form of notice of appeal 276 form of decision on appeal 276 compensation of officers on appeal 277 costs on appeal 277 when paid by the town 277 non-resident lands assessed 277 assessment returned to county clerk 277 to whom paid 277 one-half assessed on uninclosed lands 277 McHenry and Kane counties excluded 277 overseer of highways authorized to make drains and ditches 277 proceedings where owners shall not con- sent 278 ESTRAYS, persons taking up, how to pro- ceed 246 description to be entered 246 copy of description to be, posted 247 time of taking up 247 charges for taking up 247 not to be used before advertising 247 unclaimed for one year to belong to the taker up 248 penalty for disposing of. 248 when to be sold 248 owner may have purchase money within two years 249 fees and compensation relative to 250 ELECTION DISTRICTS, board of supervis- ors may divide township into election districts 279 judges of election, how appointed 279«» who shall be board of registry 279 EQUALIZATION OF ASSESSMENTS, gov- ernor to appoint board of equalization.. 280 duties of the board 280 310 q , (// 5o- /y - 7 INDEX TO APPENDIX. 284 252 board when and how organized 280 property to be listed 28] duty of assessors 28] duty of county clerk 28S duty of auditor 282 average of values to be made !i8!i duty of clerk in co\inties adopting town- ship organization 283 proceedings of board to be published 28? collectors' books, how prepared 2Sc members of the board to be elected in senatorial districts 28J auditor to publish act with circular of in- structions 284 session of board to be fifteen days 284 county clerk to make certificate of rates.. 284 auditor to ascertain value of taxable property in the state when equalized HORSES. See Stallions; Maeks and Brands; Estrats having infectious diseases not to run at large IDIOTS AND LUNATICS. Sue Insane INSANE PERSONS, conservators to lie appointed for property of. 253 oversseers of the poor to have charge of... 253 property to be returned to when restored to reason 254 contracts with void 254 penalty for trading with 254 proceedings to sell real estate of. 254 JUDGES to give census act in charge of grand juries 244 LAND of churches, literary institutions and , cemetries when not subject to taxation. 261 MARKS AND BRANDS for beasts, persons may have and record 255 county clerks to record 255 to be prima facie evidence 256 MILITARY AFFAIRS, commissioners to audit accounts relative to 25 duties of commissioners of 256 vacancies in board of commissioners, how filled 257 limication of claims regarding 257 appropriations by towns and cities for 259 MILITIA, who compose, 259 list to be made by assessors 259 list to be filed with adjutant-general, 259 divided into voluntary and reserve, 260 oflncers bow elected, 260 length of service of, 260 pay of assessors for enrolling, 260 company rolls how made and filed, 261 OVERSEERS OF THE POOR to have charge of insane persons, 253 POLL LIST, may be taken by judges or inspectors, 267 rule in making,.. 267 original when and where filed, 267 copies posted, 267 may be published in newspaper, 267 in case a new district, 267 time of revising and correcting, 268 non-residents' names to be erased, 268 four copies shall be certified, 268 statement or minute by the clerk, 269 after canvass shall be filed, 270 REGISTER OF ELECTIONS, what shall constitute, 266 what it shall contain, 266 what name shall be entered, 267 when to be completed, 267 when and where filed, 267 * copies to be posted, 267 in case of new districts, 267 shall be open to public inspection, 270 REGISTRY LAW, board of registry, who constitute 266 time of meeting, 266 register of electors, what to contain, 266 register when to bo completed, 267 original list to be filed with town clerk,.... 267 when filed with city clerk, '.. 267 copy of list to be posted, 267 penalty for tearing down list, 267 printed copies may be posted, 267 new district, registry when made, 267 meeting of board before election, 268 proceedings of board shall be open, 268 names of non-residents to be erased, 268 name of elector may be entered 268 penalty for refusing information, 2fi8 challenge of voter— oath, 268-269 four copies of lists to be certified, 268 duty of judges receiving lists, 269 no vote received not registered, 269 except at town meeting 269 proof when voter is not registered, 269 duty of clerk of election, 269 street and number of elector to be given, 269 false statement, punishment for, 269 after canvass poll list to be filed, 270 board may appoint clerks, 270 register open to public inspection 270 compensation of board and clerks, 270 board may preserve order, 270 punishment for false registry, 279 violation of law punished, 270 former acts amended, 271 ho recess at election, 271 compensation of judges and inspectors,... 271 secretary of state to publish law and forms, 271 other acts not affected, 271 ROADS 'AND BRIDGES, legal voters may levy tax for, 285 notice of meeting to be given, 285 tax how paid over, 285 petition to board of supervisors, 2So towns directed to repair, 285 tax how collected, 285 SECRETARY OF STATE to make return of census 245 SHEEP. Sei Marks and Brands. damage done to by dogs, how recovered,.. 246 male not to run at large..., 263 running at large to be taken up, 262 STALLIONS running at large may be taken "P, 251 penalty for wilfully sufiering to run at large, 252 not to be let to mares in public, 252 TAXES, when deeds shall be executed on sale for taxes,. 286 when certificates of sale shall expire, 286 publishers fee for printing delinquent tax list, 286 collector may levy and collect tax in any district in the state, 287 land of literary institutions, etc., when exempt from, 261 TOWNS may appropriate money to aid volunteers, 258 may lay tax for such purpose, 258 shall appoint disbursing agent. 259 VOLUNTEERS, towns may appropriate money for, 258 WEIGHTS AND MEASURES standard of, 263 standard to be secured by state sealer,... 263 county sealers to compare with state sealer, 264 fees for sealing and marking 264 penalty for not conforming to the stand- ard, 264 who shall be state and county sealers of. 264 weight of grain to the bushel 263-265 weight of coal to the bushel, 264 m 60