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and when a sale is made under any judgment, decree or power in a mortgage or deed, such corporation may purchase, in its corporate name, the property offered for sale, and become vested with the title wherever a natural person might do so in like cases: Provided, however, that all real estate so purchased by any such corporation, in satisfaction of any such liability or indebtedness, shall be offered at public auction, at least once every year, at the door of the court house of the county wherein the same may be situated, or on the premises so to be sold, after giving notice thereof for at least four consecutive weeks, in some newspaper of general circulation, published in said county; and if there be no such newspaper published therein, then in the nearest adjacent county where such newspaper is published; and said real estate shall be sold whenever the price offered for it is not less than the claim of such corporation, including all interest, cost and other expenses : And, provided, fur. ther, that in case such corporation shall not, within such period of five years, sell such lands, either at public or private sale, as aforesaid, it shall be the duty of the state's attorney to proceed by information in the name of the People of the State of Illinois, against such, corporation, in the circuit court of the county within which such land, so neg. lected to be sold, shall be situated, and such court shall have jurisdiction to hear and determine the fact, and to order the sale of such land or real estate, at such time and place, subject to such rules as the court sball establish. The court shall tax, as the fees of the state's attorney, such sum as shall be reasonable ; and the proceeds of such sale, after deducting the said fees and costs of proceedings, shall be paid over to such corporation: And, provided, further, that nothing in this act contained shall be so construed as to confer banking powers or privileges upon any such corporation.
APPROVED April 9, 1875.
SITES FOR COUNTY BUILDINGS.
$ 1. Purchase a site for court house.
18 3. Condemnation-damages, to whot paid. 1 $ 4. Emergency. In force March 2, 1875.
AN ACT entitled "An act concerning sites for county buildings."
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, In all cases where property, sought by the county board of any county in this state to be appropriated for ground whereon to erect a court house or other county building or buildings, or to be used in connection therewith, shall consist of land which has been conveyed by the county to any city, and is owned or held by any city for the use of the inhabitants thereof for a public square, such city may, for such consideration as may be agreed upon between such city and county board, convey such land to such county in fee, and thereby
the entire interest of such city and the inhabitants thereof, in the premises so conveyed, shall be divested out of such city and the inhabitants thereof, and shall become the absolute property of such county, and the consideration therefor shall be paid by such county board to such city, to be used and applied by the city to the purchase or improvement, or both, of a public square or squares, or like public grounds for the use of the inhabitants of such city.
§ 2. That in all cases where land, beiug a part of land granted by the United States to any county, for the establishment of a seat of justice, is sought by the county board to be appropriated for any such county purposes as mentioned in the preceding section, and is owned by any board of education for public school purposes, such board of education may, for such consideration as may be agreed upon between such board of education and county board, convey such land to such county, and the consideration shall be paid by the county board to the board of education, and shall become a part of the public school funds thereof.
§ 3. In all cases where any land held or owned by any city for the use of the inhabitants thereof, for a public square, sball be condemned, under the laws of this state relating to eminent domain, to be used for ground whereon to erect any court house or other county building or buildings, or to be used in connection therewith, the damages assessed therefor shall be paid to such city, to be used and applied for the purchase or improvement, or both, of a public square or squares, or like public grounds in such city for the use of the inhabitants thereof; and if land so condemned shall be the property of any board of education for public school purposes, the damages assessed therefor shall be paid to such board of education and become a part of the public school fund thereof: Provided, however, that none of the provisions of this act shall apply to counties or cities having more than one hundred thousand inhabitants, or to counties of less than fifty thousand inhabitants: And, provided, further, that nothing in this act contained shall in any wise operate to affect or repeal an act entitled "An act to create and organize the counties therein named," approved January 15, 1831; or author. ize a change of site or location of the public buildings as fixed or located by or under the last named act.
§ 4. Whereas, the court house of Adams county has been recently destroyed by fire, and it is necessary that the county board of said county shall proceed without delay to procure a proper site for the erection of a new court house; and whereas, the provisions of this act are necessary to enable said county board to act to the best advantage in selecting and procuring a site for said new court house, whereby an emergency exists that this act shall take effect without delay, therefore this act shall take effect and be in force from and after its passage.
APPROVED March 2, 1875.
COUNTY, CITY, TOWNSHIP, ETC., IMPROVEMENT AID BONDS.
$ 1. Amend sec. 1, act 1872–new bonds for old indebtedness. In force July 1, 1875.
AN ACT to amend an act entitled “An act to enable counties, cities, town
ships, school districts and other municipal corporations to take up and cancel outstanding bonds and other evidences of indebtedness, and fund the same," approved and in force March 26, 1872.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section 1 of the aforesaid act be amended so as to read as follows:
668 1. That in all cases where any county, city, town, township school district, or other municipal corporation, have issued bonds or other evidences of indebtedness for money, on account of any subscription to the capital stock of any railroad company, or on account of, or in aid of any public buildings or other public improvement, or for any other pur. poses which are now binding or subsisting legal obligations against any county, city, town, township, school district or other municipal corporations, and remaining outstanding, and which are properly authorized by law, the proper authorities of any such county, city, town, township, school district or other municipal corporations may, upon the surrender of any such bonds, or other evidences of indebtedness, or any number thereof, issue in place or in lieu thereof to the holders or owners of the same, new bonds or other evidences of indebtedness, in such form, for such amount, upon such time, not exceeding the term of twenty years, and drawing such rate of interest, not exceeding ten per cent., as may be agreed upon with such holders or owners; and such new bonds or other evidences of indebtedness, so issued, shall show on their face that they are issued under this act: Provided, that the issue of such new bonds in lieu of such indebtedness shall first be authorized by a vote of a majority of the legal voters of such county, city, town, township, school district or other municipal corporation, voting either at some annual or special election of such municipal corporation: And, provided, further, that such bonds, or other evidences of indebtedness, shall not be issued so as to increase the aggregate indebtedness of such municipal corporation beyond five per centum on the value of the taxable property therein-to be ascertained by the last assessment for state and county taxes, prior to the issuing of such bonds or other evidences of indebtedness. Nothing contained in this act, or in the act to which this is an amendment, shall be held to repeal or in anywise affect the power of the city of Chicago to issue new bonds to an amount sufficient to retire and satisfy maturing bonds of said city, conferred by section 38 of an act of the general assembly, approved February 13, 1863, amending the charter of said city."
APPROVED April 14, 1875.
TRIAL OF RIGHT OF PROPERTY.
1. Proceedings for. $ 2. Trial in county court. $ 3. Notice. $ 4. Service of notice-continuance. $ 5. Notice by publication. $ 6. Entering appearance. $7. Trial-pleadings-jury.
1 § 8. Trial by jury.
§ 9. Subpenas for witnesses.
In force July 1, 1875.
AN ACT providing for the trial of the right of property and claims of ex
emption in the county court.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the Generai Assembly, That whenever an execution or writ of attachment, issued from any court of record, shall be levied by any sheriff or coroner upon any personal property, and such property shall be claimed by any person other than the defendant in such execution or attachment, or shall be claimed by the defendant in execution or attachment as exempt from execution or attachment by virtue of the exemption laws of the state, by giving to the sheriff or coroner notice, in writing, of his claim, and intention to prosecute the same, it shall be the duty of such sheriff or coroner to notify the judge of the county court of such claim.
§ 2. The judge of the county court shall thereupon cause the proceeding to be entered on the docket of the county court, and the claimant shall be made plaintiff in the proceeding before the county court, and the plaintiff in the execution or attachment shall be made defendant in such proceedings.
$ 3. The clerk of the county court shall thereupon issue a notice, directed to the plaintiff in the execution or attachment, notifying him of such claim, and of the time and place of trial, which time shall be not more than ten days nor less than five days from the date of such notice.
$ 4. Such notice shall be served by the sheriff or coroner of any county where the plaintiff in execution or attachment may be found, in like manner as summonses in chancery are served, at least five days before the day of trial; and if such notice shall be served less than five days before the day of trial, the trial shall, on demand of either party, be continued for a period not exceeding ten days.
§ 5. In case the sheriff or coroner shall make return on such notice that the plaintiff in the execution or attachment cannot be found, the proceeding shall be continued for a period not exceeding ninety days, and the plaintiff in the execution or attachment shall be notified of such proceeding by publication, in like manner as non-resident defendants are notified in chancery cases.
$ 6. If the plaintiff in the execution or attachment, or his attorney, shall, at least five days before the day of trial, file with the clerk of the county court a paper, entering his appearance in such proceeding, then it shall not be necessary to uotify such plaintiff as above provided.
$ 7. The trial shall be had without written pleadings, before the county judge, in the same manner as other trials before the county court, and may be by a jury if either party deinand one.
$ 8. If a jury shall be demanded by either party, the judge shall direct the county clerk to issue a venire for twelve competent jurors, unless the parties to such proceeding shall elect to have the same tried by six jurors, and deliver the same to the sheriff or coroner, who shall summon such jurors from the body of the county, to be and appear before such court at the time set for the return of such venire; and it, by reason of non-attendance, challenge or otherwise, said jury shall not be full, the panel may be filled by talesmen. Said court shall have the same power to compel the attendance of jurors and witnesses as the circuit court has, and shall be governed by the same rules iu im paneling a jury.
§ 9. The county clerk shall issue subpenas for witnesses on the demand of either party.
§ 10. In case the property sball appear to belong to the claimant, when the claimant is any person other than the defendant in execution or attachment, or in case the property shall be found to be exempt from execution or attachment, when the claimant is the defendant in the execution or attachment, judgment shall be entered against the plaintiff in the execution or attachment for the costs, and the property levied on shall be released. If it shall appear that the property does not belong to the claimant, or is not exempt from execution or attachment, as the case may be, judgment shall be entered against the claimant for costs, and on lan] order shall be made that the sheriff or coroner proceed to sell the property levied on.
§ 11. An appeal may be taken to the circuit court, as in other cases ; Provided, the same is prayed on the day of the entering of judgment, and the bond shall be given within five days from the time of entering judgment, and the trial in the circuit court shall be de novo.
$ 12. The judgment in such cases shall be a complete indemnity to the sheriff or coroner in selling or restoring any such property, as the case may be.
§ 13. If the judgment shall be for the claimant as to part of the property, and for the plaintiff in execution or attachment as to part, then the court shall apportion the costs in bis discretion; and the sheriff, coroner and county clerk shall have the same fees as are allowed by law for similar services.
APPROVED April 9, 1875.