application therefor, and he shall cause to be made in said book, an entry of the time when and the person to whom each item of such costs and fees so paid out, has been paid and he shall take and preserve a receipt therefor. Section 4. In case any such costs and fees shall not be claimed by the person entitled thereto, within three (3) years from the time the same are deposited with the county treasurer and publication thereof made as is required by section two (2) of this act, then such costs and fees shall be deemed forfeited to the county: Provided, however, that if any person so entitled shall be under legal disability, the time herein limited shall not begin until such disability ceases. APPROVED June 17, 1893. FEES AND SALARIES. CLERKS OF COURTS IN COUNTIES OF THIRD CLASS. § 1. Amends Sec. 33, act of 1874, by increasing the fees of clerks of courts of record, except probate, in counties of the third class, and providing for fees in cases of voluntary assignments. AN ACT to amend section 33 of an act entitled "An act conceining fees and salaries and to classify the several counties of this State with reference thereto," approved March 29, 1872; in force July 1, 1872; title as amended by act approved March 28, 1874; in force July 1, 1874; as amended by act approved May 21, 1877; in force July 1, 1877. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 33 of an act entitled "An act concerning fees and salaries and to classify the several counties of this State with reference thereto," approved March 29, 1872; in force July 1, 1872; title as amended by an act approved March 28, 1874; in force July 1, 1874; as amended by an act approved May 21, 187; in force July 1, 1877, be and the same is hereby amended so as to read as follows, viz.: Section 33. At the time of the commencement of every suit at law or in equity in any court of record in counties having a population exceeding seventy thousand inhabitants, in this State, the party or parties commencing such suit, or in case of an appeal from an inferior court, the party or parties, appellant or appellants, or in case of an application for judgment upon any special assessment or special tax levied by any incorporated town or city, such town or city shall pay to the clerk of the court the sum of ten dollars, to be taxed as costs in the suit, which said sum shall be in full payment for all services of such clerk on behalf of the plaintiff or plaintiffs, complainant or complainants, petitioner or petitioners, appellant or appellants, in the progress of such suit, from the commencement to the final termination thereof, except the making of copies of papers or orders, a complete record, or a record for a higher court: Provided, however, that in case of a proceeding for the exercise of the right of eminent domain the petitioner or petitioners shall pay to the clerk of the court, in which such petition is filed, the sum of twenty dollars and, except in case where municipal corporations are petitioners, an additional sum of ten dollars for each and every lot or tract of land or right of interest therein, the damages in respect to which shall require a separate assessment by the jury, which sum shall be in full payment for all services to be performed by such clerk in the progress of such proceeding from its commencement to its final determination. Provided, further, however, that in all cases of appeal from a justice of the peace, where the appellant shall file in the office of the justice of the peace, in such counties, his bond required by section sixty-two (62) of an act entitled "An act to provide for the election and qualification of justices of the peace and constables, and to provide for the jurisdiction and practice of justices of the peace in civil cases and fix the duties of constables, and to repeal certain acts therein named," approved April 1, 1872; he shall also, at the same time, pay the ten dollars mentioned in this section, to the justice, for the use of the clerk of the court to which the appeal is taken, and upon failure to do so, it shall be the duty of the justice not to allow the appeal. And in case of any application for judgment for city, county, State, town, or other general taxes, there shall be paid to the clerk, by the corporation so applying for judgment, the sum of three cents for each and every tract of land upon which judgment shall be rendered by the court, which said sum shall be in full payment for all services to be performed by such clerk in the progress of such suit upon such application from its commencement to the final termination thereof. And the defendant or defendants, respondent or respondents, appellee or appellees, before he, she or they shall be entitled to enter his, her or their appearance or file any pleas, answer or demurer in any suit at law or equity, shall pay to the clerk of the court the sum of three dollars to be taxed as costs in the suit, which, in like manner, shall be in full payment of and for all services rendered, or to be rendered by the clerk, for or on behalf of the defendant or defendants, respondent or respondents, appellee or appellees, in or during the progress of such suit to the final termination thereof, except for the making of copies of papers or records, a complete record or a record for a higher court. Clerks of courts of record in this State, in counties of the third class, shall be allowed further fees as follows: For taking and certifying the acknowledgment of a deed or other writing, twenty-five cents; for swearing any person to an affidavit not to be used in a case in the court of which he is clerk, with certificate and seal, twenty-five cents; for each certificate and seal, not in a case in the court whereof he is clerk, twenty-five cents; for making and certifying a copy of any paper or record in any case or proceeding, and for taking depositions, for every one hundred words, ten cents; for filing declaration of intention to become a citizen, administering oath to applicant and certifying declaration under seal, fifty cents; for filing papers on application for naturalization, for administering oath, to party and witnesses for making entry of record of naturalization, and for making and certifying copy of same under seal of court, fifty cents; for filing each deed of voluntary assignment, ten dollars; for recording the same, ten cents for each one hundred words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors, shall be considered and treated for the purpose of taxing costs therein, as actions at law, in which the party or parties filing such exception shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and such parties respectively shall pay to the clerk of the court the same fees as provided by this section to be paid in other actions at law. APPROVED June 26, 1893. CLERKS OF CIRCUIT AND PROBATE COURTS. 1. Clerks of the circuit and probate courts, in counties of the second class, shall be allow d same per diem for attendance as clerks of the county courts. AN ACT to allow a per diem fee to clerks of the circuit and probate courts in counties of the second class. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That clerks of the circuit court and clerks of the probate court in counties of the second class shall be allowed the same per diem fees for attendance upon their respective courts as are now allowed by law to clerks of the county court and sheriffs in counties of the second class for such service. APPROVED June 15, 1893. INSURANCE. STATE DEPARTMENT ESTABLISHED. § 1. Establishes the "Insurance Department of the State of Illinois," which is charged with the execution of all laws in force relating to insurance, and creates the office of "Insurance Superintendent." § 2. Appointment of superintendentterm of office-oath of office and bond-salary. 3. Powers and duties. Auditor relieved upon the appointment of superintendent. § 4. Official seal. Authentication of documents and copies. 8 6. The Secretary of State shall provide § 7. Insurance Department shall be 8. § 9. § 5. Actuary, assistants and clerks. Take legal counsel of the Attorney-General. AN ACT to provide for the establishment of an Insurance Department, and the appointment of an Insurance Superintendent. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That there shall be established a separate and distinct department, to be known as the "Insurance Department of the State of Illinois," which department shall be charged with the execution of all laws now in force, or which shall hereafter be enacted, in relation to insurance and the insurance companies organized or doing business in the State of Illinois, and the chief officer of such department shall be styled the "Insurance Superintendent.” § 2. The Insurance Superintendent shall be appointed as follows: Within twenty (20) days after this act shall take effect the Governor shall appoint a person experienced in matter of insurance as such Insurance Superintendent. He shall hold office until May 1, 1897. During the meeting of the General Assembly in 1897, and every four years thereafter, the Governor, by and with the advice and consent of the Senate, shall appoint a person experienced in matter of insurance an Insurance Superintendent, who shall hold office for the term of four years from the first day of May in the year of his appointment and until his successor is appointed and qualified. Before entering upon the discharge of his duties such Insurance Superintendent shall take and subscribe to an oath of office, to be filed with the Secretary of State, and shall give a bond to the Stateof Illinois in the penal sum of $50,000, with sufficient sureties, conditioned for the faithful discharge of his duties and to deliver up all papers, books, records and other property appertaining to his office, whole and safe to his successor in office, and that he will give additional bonds, with sufficient sureties, when legally required, which bond when approved by the Governor of the State, shall be filed with the Secretary of State, and he shall receive, in full compensation for his services, an annual salary of thirty-five hundred dollars ($3,500), payable quarterly. § 3. The Insurance Superintendent shall possess all the powers and perform all the duties in regard to the business of insurance which are now attached by law to the office of Auditor of Public Accounts, and he shall exercise the same control over the insurance companies, their officers and agents in this State, and collect from them all taxes, fees, fines and penalties, as required by the laws of the State to be done by the Auditor of Public Accounts; and the said Auditor of Public Accounts is hereby relieved therefrom, from and after the appointment and qualification of such Insurance Superintendent. § 4. The Insurance Department of the State of Illinois shall have an official seal of such device as the Governor and Insurance Superintendent may prescribe, to be surrounded by the words "Insurance Department of the State of Illinois," a copy of which is to be filed in the office of the Secretary of State. Every certificate and other document or paper executed by said Insurance Superintendent in the pursuance of any authority conferred upon him by law, and sealed with the seal of the Department, and all copies of papers certified by him and authenticated by said seal shall, in all cases, be evidence, equally and in like manner as the original thereof, and shall have the same force and effect as the originals would in any suit or proceeding in any court of this State. $5. The Insurance Superintendent may also appoint an actuary for the Department and employ such clerks and assistants as the public business in his charge may require; and whenever he deems it necessary he may call upon the Attorney General of the State for legal counsel and such assistance as may be required to enforce the provisions of the law. § 6. The Secretary of State shall assign to the Insurance Superintendent suitable rooms in the State capitol, and the Insurance Superintendent shall procure such furniture, safe, fuel, stationery, printing and other supplies as may be necessary for the transaction of the business of the office. $ 7. The office of the Insurance Department shall be deemed a public office, and the records, books and papers thereof on file therein shall be deemed public records of the State. All books, papers and other documents whatever relating to insurance in the office of the Auditor of Public Accounts shall be tranferred |