First-By such county treasurer to the owners of sheep in their respective counties, and by the supervisors to the owners of sheep in their respective towns, who shall make proof to them before the first Monday of March in each year, of loss or injury to sheep by dogs, other than their own, the full amount of the loss or injury so proved, if there are funds sufficient to pay the same; if there be not sufficient funds to pay such loss or injury in full then the owners of sheep so sustaining injury as aforesaid, and making proof thereof, as in this act provided, shall be paid out of such fund in proportion to his loss or injury on his or her pro rata share thereof. Second-Three years after the collection of such license fund, if there shall remain in the hands of the town supervisor in counties under township organization, an unexpended balance, such balance shall annually be turned into the general fund of the county, or township, as the case may be, and shall be used for the same purposes as money raised by general taxation. Provided, that in townships in which there are no sheep, as shown by the assessor's return for that year, the license fund collected for the preceding year shall be turned into the general fund of the township on the 1st day of April. [As amended by act approved April 21, 1899. In force July 1, 1899. L. 1899, p. 2. 405. PAYMENT NOT TO BAR ACTION—WHEN.] § 4. The payment to any owner of sheep of money for damages resulting from loss or injury to his or her sheep, shall not be a bar to an action by such owner against the owner or keeper of the dog or dogs committing such injury or causing such loss, for the recovery of damages therefor. The court or jury before whom such action is tried shall ascertain from evidence what portion, if any, of the damages sought to be recovered in such action has been paid to the plaintiff in such action by the county treasurer or supervisor of the proper county or town; and in case the plaintiff in such action recovers damages, the court shall enter judgment against the defendant, in the name of the plaintiff, for the use of the proper county or town as the case may be, for the amount which the plaintiff has received on account of such damages from the county treasurer or supervisor of the proper county or town, if such recovery shall equal or exceed the amount so received by such plaintiff from the county treasurer, or town supervisor of his county or town; and the residue of such recovery, if any there be, shall be entered in the name of the plaintiff in such action to his own use; if the amount of the recovery in such action shall not equal the amount previously paid to the plaintiff on account of such damages by the county treasurer or the town supervisor of the proper county or town, then the judgment shall be entered as aforesaid for the use of such county or town, for the full amount of such recovery. Writs of execution issued upon such judgments shall show on their face what portion of the judgment is to be paid to the proper county or town, and what portion is to be paid to the plaintiff in such action, and the judgment when collected shall be paid over to the parties entitled thereto, in their proper proportions. 406. PROOF OF DAMAGES PROCEEDINGS BEFORE SUPERVISOR RECORD TO BE KEPT WHEN OWNER SOLVENT.] § 5. No person having sheep killed as aforesaid shall be entitled to receive any portion of the fund herein provided for unless he appear before the supervisor of the town in which the sheep are killed or injured or before a magistrate in counties not under township organization, within not less than ten nor more than forty days after the sheep were killed or injured, and make affidavit stating the number of sheep killed or injured, the amount of damages and owner or owners of dog or dogs if known. All damages shall be proven by not less than two (2) witnesses, who shall be freeholders of the county, and such supervisors or magistrates are hereby authorized to administer oaths in such cases, and shall keep a record in each case of the names of owners and the amount of damage proven and the number of sheep killed or injured. And in case the owner of the dog or dogs is solvent, the county or town, as the case may be, shall not pay such damages out of such fund. Provided, the damages allowed in no event shall exceed five dollars per head for such sheep killed or injured. 407. WITNESS FEES REPEAL.] § 6. The supervisor, or county treasurer, as the case may be, shall allow not to exceed fifty cents to each witness, which shall be paid out of the fund created by this act prior to its disposition by the third section of this act. All acts or parts of acts inconsistent with these amendments are hereby repealed. [As amended by act approved May 29, 1897. In force July 1, 1897. L. 1897, p. 9. 408. MEANING OF "DOG."] § 9. The word "dog" as used in this act, shall be held and construed to mean all animals of the canine species, both male and female. INSURANCE-TAX ON NET RECEIPTS. AN ACT to amend section 30 of an act entitled "An Act to incorporate and to govern fire, marine and inland navigation insurance companies doing business in the State of Illinois," approved March 11, 1869. [Approved May 31, 1879. In force July 1, 1879. L. 1879, p. 179. 409. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section thirty (30) of an act entitled "An Act to incorporate and to govern fire, marine and inland navigation insurance companies, doing business in the State of Illinois," approved March 11, 1869, be and the same is hereby so amended as to read as follows: 410. TAX ON NET RECEIPTS.] § 30. Every agent of any insurance company incorporated by the authority of any other state or government, shall return to the proper officer of the county, town or municipality in which the agency is established, in the month of May, annually, the amount of net receipts of such agency for the preceding year, which shall be entered on the tax lists of the county, town and municipality, and subject to the same rate of taxation, for all purposes, State, county, town and municipal-that other personal property is subject to at the place where located; said tax to be in lieu of all town and municipal licenses; and all laws and parts of laws inconsistent herewith are hereby repealed: Provided, that the provisions of this section shall not be construed to prohibit cities having an organized fire department from levying a tax, or license fee, not exceeding two per cent, in accordance with the provisions of their respective charters, on the gross receipts of such agency, to be applied exclusively to the support of the fire department of such city. As amended by act approved May 31, 1879. In force July 1, 1879. L. 1879, p. 179. BONDS-OFFICIAL. AN ACT to amend section 1 of an act entitled "An Act to revise the law in relation to official bonds," approved March 13, 1874, in force July 1, 1874. [Approved May 31, 1879. In force July 1, 1879. 411. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section one (1) of an act entitled "An Act to revise the law in relation to official bonds,” approved March 13, 1874, in force July 1, 1874, be amended so as to hereafter read as follows: WHEN ADDITIONAL OR NEW BONDS MAY BE REQUIRED.] SECTION 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That all official bonds required by law to be given by any public officer, or public employee, including executors, administrators, guardians and conservators, in this State shall be signed and sealed by any said officer, employee, executor, administrator, guardian or conservator, and his securities, and acknowledged before some officer authorized by law to take acknowledgments of instruments under seal, which said acknowledgments shall be substantially in the following form: STATE OF ILLINOIS, I, SS. hereby certify that who are each personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered said instrument as their free and voluntary act, for the uses and purposes therein set forth. of... Given under my hand and..... .A. D....... ..seal, this.. ..day Which acknowledgment shall be deemed and taken as prima facie evidence that the instrument was signed, sealed and acknowledged in the manner therein set forth, and such acknowledgments shall have the same force and effect as evidence in all legal proceedings, as that given to acknowledgments of deeds for conveyance of real estate. That all public officers or employees who are compelled to give official bonds may be required by the court, officer, or board whose duty it is to take or approve such bonds, to give additional or new bonds whenever the security of the original bond has become insufficient by the subsequent insolvency, death or removal of the sureties, or any of them, or when, for any cause, any such bond shall be deemed insufficient. Any officer or employee failing to give bond when required, pursuant to this section, within ten days after he is notified in writing of such request, shall be deemed to have vacated his office. [As amended by act approved May 31, 1879. In force July 1, 1879. |