Damages. Jury. "Section 56. The damages sustained by reason of the laying out, or opening, or altering any road, may be ascer tained by the agreement of the owners and the commis sioners of highways, and unless 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 opened, or worked, or used. Every agreement and release shall be filed in the town clerk's office, and shall forever preclude the owners of such lands from all further claims for such damages. In case the commissioners of highways and owners of lands claiming damages cannot agree, it shall be the duty of the commissioners to apply to a justice of the peace of the town for the selection of a jury to assess such damages. The commissioners shall give at least three days' notice of such application, stating the time when, and the justice to whom, the same will be made, by leaving a copy. thereof at the residence of the owner or occupant of the land; if the land is unoccupied, then by posting notices in three public places of the town for at least three days previons to such application. When application is made to the justice as aforesaid, he shall issue a summons for a jury of six persons (or twelve if a less number be objected to by either party, before the precept is issued), having the quali fication of jurors, to appear before such justice at a time to be fixed by him, not less than five days nor more than ten days from the time such application was presented to him, to assess such damages, which may be served by any constable of the town, or by any person whom said justice may designate. The jury shall be sworn by the justice to discharge their duties faithfully and impartially as such jury. After being sworn, the jury shall hear sucb lawful evidence touching the question of damages as may be presented to them, and shall also, in a body, visit and examine the lands in question, and assess the damages at what they may deem just and right, to each individual claimant with whom the commissioners of highways could not agree, and make a statement thereof in writing, and deliver the same to the justice, which he shall deposit with the town clerk, who shall note the time of filing the same. The jury, in assessmate benents. ing the damages, shall estimate the special advantages and benefits the new road, or alteration of an existing road, will confer on the owners of the land in question, as well as the disadvantages and damages that will be occasioned thereby; but shall not estimate any benefits or advantages which may accrue in common with adjoining lands on which said road does not pass. In case the jury cannot agree on the amount of damages in a reasonable time, the justice may discharge the same, and issue a summons for a new jury, and fix the time and place of meeting, and proceed in the same manner as if no other jury had been im Jury to esti panneled in the case, of which all parties interested shall take notice. The justice, constable and jury shall be entitied to the same fees they are entitled to for like services in other cases, and the commissioners of highways shall certify to the expenses necessarily incurred by the jury in going to and viewing the grounds, which expenses and costs shall be paid by the town authorities.” $3. That section seventy-five (75), of article seventeen, of the act above mentioned, be and the same is hereby amended, so as to read as follows: hear and deter mine. "Section 75. It shall be the duty of the supervisors to Supervisors to convene at the time and place mentioned in the notice, and to hear the proofs and allegations of the parties. They shall have power to issue process to compel the attendance of witnesses, and may adjourn from time to time, as may be necessary. Their decision, or that of any two of them, shall embrace only the question of the propriety and expediency of locating, altering or discontinuing the road." 84. That section ninety-three (93), of article seventeen (17), of the above mentioned act, be and the same is hereby amended, so as to read as follows: use. "Section 93. Roads for private and public use, of the Roads for private and public width of three rods or less, may be laid out from the dwelling or plantation of an individual, to any public road, or from one public road to another, or from one lot of land to another, or from a lot of land to the highway, on petition to the commissioners of highways, by any person directly interested. The commissioners, on receiving such petition, shall have power to lay out the road, as asked for therein, to which end they shall proceed and examine into the merits of the case, and shall be governed in their proceedings by the rules and regulations prescribed in this act in relation to public roads. The jury shall consider the question of benefits and damages that may result to parties from said proposed road, and shall assess the damages to each individual owner of lands affected thereby. The amount of such damages shall be paid by the persons benefited thereby to the extent and in proportion that they are benefited, to be determined and declared by the jury. The remainder of the amount of damages, over and above that to be paid. by the parties as aforesaid, shall be paid by the town as in other cases. The amount of damages to be paid by individuals shall be deposited with the supervisor of the town. for the persons entitled thereto, before the road shall be opened for use. An appeal may be taken on the question of the propriety and necessity of such road, as in other cases." ways. $5. All roads, highways and bridges, now in use by the Public highpublic as highways, are hereby declared to be public highways of the town in which they are situated. APPROVED January 31, 1872. UNCLAIMED PROPERTY. In force July 1, AN ACT to provide for the sale of unclaimed property by common carries. warehousemen and inkeepers. 1872. advertised. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whet Property to be any trunk, carpet-bag, valise, bundle, package or article of property, transported or coming into the possession of any railroad or express company, or the owner of any steamboat or vessel or any other common carrier, in the course of its or his business as common carrier, and shall be unclaimed within the time hereinafter specified, the same shall be ad vertised and may be sold as hereinafter provided. newspaper. Publication in § 2. Every such common carrier shall, during the first week in January and July in each year, publish in a news paper published in the county where the property shall be (preferring a daily in case one is published therein), or if no paper is published in such county, in a paper published nearest to the place where the property shall be, a descriptive list of all trunks, carpet bags, valises, bundles, packages and articles of property then remaining unclaimed in the possession of such common carrier, or its or his agents, which list shall indicate all such names and specific marks and directions as may serve to identify the same, and shal! state that unless such property is claimed within six months after the date of publication, application will be made to the county court of the county for an order of sale thereof. To file petition § 3. If, at the expiration of six months after the giving with county such notice, any of the articles so advertised still remain clerk. unclaimed, the common carrier in whose possession the same may be shall file with the clerk of the county court of such county a petition, setting out a list of such property, and praying an order of sale thereof; and the county court shall thereupon examine such petition, and shall ascertain if the notice has been given as required in the foregoing section; and if the court shall find such notice has been given, and that the articles mentioned in said list ought to be sold, it shall order that the sheriff take the same into his possession and make a full and true inventory of all property contained in such list (for that purpose opening all packages and boxes containing articles of property), and that the said sheriff make sale thereof as in other cases of the sale of personal property on execution: Provided, the property shall be sold to the highest and best bidder, for cash. Sheriff to make inventory. 84. A copy of such order being delivered to the sheriff, he shall take such property into his possession and make uch inventory, and proceed to advertise and sell the same, Is in cases of sale of personal property on execution; and fter paying the costs of the proceeding and the amount at may be due the carrier for transportation, storage and 11 legal charges, shall pay over the surplus to the county reasurer, taking his receipt therefor, and shall make return f such order and inventory, with his indorsement thereon, howing specifically what each article brought, and all his etings and doings in regard thereto. § 5. If any common carrier neglects or omits so to advertise any such property, or to present such petition, or ails or refuses to deliver the property to the sheriff when he same ought to be done, the party so offending shall be iable for all damages on account thereof, to be recovered by he person injured in an action of debt, and reasonable ttorney's fees, to be taxed as costs, and also one hundred lollars for each case of neglect or omission, to be recovered. n an action of debt in the name of the county and for its use. Neglect to ad vertise. to overplus. $ 6. If the owner of any property, sold as aforesaid, shall Owner entitled apply to the county board of the proper county at any time within two years after such sale, and prove title to such property, and it shall appear that the same was sold for more than the amount of the costs and all charges paid or allowed on account thereof, such balance shall be paid to him by the county from such fund; otherwise the same shall be added to the county funds. perty. - $7. When a common carrier has transported property Perishable proconsisting of fresh meats, fresh fish, shell fish, fruits or vegetables, to their place of destination, and has notified the owner or consignee of the arrival of the same, and the owner or consignee, after such notice, has refused or omitted to receive and take away the same and pay the freight and proper charges thereon, said carrier may, in the exercise of a reasonable discretion, sell the same at public or private sale without advertising, and the proceeds, after deducting the amount of said freight and charges, and expenses of sale, shall be paid to the owner or consignee: Provided, that if the owner or consignee cannot be found on reasona ble inquiry, the sale may be made without such notice. § 8. Nothing in this chapter shall prevent the owner or consignee of any such property from recovering of any such corporation or common carrier the whole of any such property in cases where the same shall be lost or destroyed by the carelessness or negligence of such corporation or com mon carrier. Recovery for loss. 89. This chapter shall apply to warehouse keepers, for- Scope of the act warding merchants, wharf-keepers and inn keepers, but no such proceedings as are provided for in sections two, three and four, shall be instituted until the property shall have remained unclaimed for the space of six months, or owner or consignee shall fail, upon demand, to pay the age or any lien or charge thereon, within two months & demand made therefor. APPROVED April 10, 1872. WAREHOUSES. In force July 1, AN ACT to regulate public warehouses, and the warehousing and inspec of grain, and to give effect to article thirteen of the constitution of this state 1871. Classification. Three classes defined. License eation of ce use. SECTION 1. Be it enacted by the People of the State Illinois, represented in the General Assembly, That pr lic warehouses, as defined in article thirteen of the cons tution of this state, shall be divided into three classes: be designated as classes A, B and C, respectively. 2. Public warehouses of class A shall embrace warehouses, elevators or granaries in which grain is stor in bulk, and in which the grain of different owners is mixe together, or in which grain is stored in such a manner th the identity of different lots or parcels cannot be accurate preserved, such warehouses, elevators or granaries be located in cities having not less than one hundred thousa inhabitants. Public warehouses of class B shall embr all other warehouses, elevators or granaries in which gra is stored in bulk, and in which the grain of different owne is mixed together. Public warehouses of class C shall er, brace all other warehouses or places where property of kind is stored for a consideration. for § 3. The proprietor, lessee or manager of any pu class A-revo warehouse of class A shall be required, before transacti any business in such warehouse, to procure from the cir court of the county in which such warehouse is situated, license, permitting such proprietor, lessee or manager transact business as a public warehouseman under the la of this state, which license shall be issued by the clerk said court upon a written application, which shall set for the location and name of such warehouse, and the individ ual name of each person interested as owner or principal i the management of the same; or, if the warehouse be owned or managed by a corporation, the names of the pres ident, secretary and treasurer of such corporation shall be stated; and the said license shall give authority to carry and conduct the business of a public warehouse of class in accordance with the laws of this state, and shall be revo |