« AnteriorContinuar »
tion of the executor, administrator, guardian or conservator, or of the person entitled to dower and homestead, or either, therein, cause the dower and homestead, or either, to be assigned, and shall have the same power and may take like proceedings therefor as hereiubefore provided for assignment of dower.”
APPROVED March 29, 1875.
DRAINS, DITCHES, LEVEES, ETC.
$1. Amen! section 1, 2, 3, 5, act of 1871.
Sec. 1. Petition.
| Sec. 5. Contesting petition-Appointment of
AN ACT to amend sections one (1), two (2), three (3) and five (5) of an
act entitled "An act to provide for the construction and protection of drains, ditches, levecs and other works,” approved April 24th, 1871.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section one (1), two (2), three (3) and five (5) of an act entitled “An act to provide for the construction and protection of drains, ditches, levees and other works," approved April 24th, 1871, be and hereby are amended to read as follows:
"1. That wbenever one or more owners or occupants of lands shall desire to construct a drain or drains, ditch or ditches, across the lands of others, for agricultural or sanitary purposes, such person or persons, in counties under township organization, may file a petition with the clerk of the town board of auditors, or, in counties not under towusbip organi. zation, with the clerk of the county court of the county in which such drain or drains, ditch or ditches, shall be proposed to be constructed, setting forth the necessity of the same, with a description of its or their proposed starting point, route and terminus ; and if it shall be deemed necessary for the drainage of the land of such petitioners that a levee or other work be constructed, the petitioners shall so state, and set forth a general description of the same, as proposed, and may pray for a hearing by such board as to the utility and necessity of such work.
"S 2. When a petition has been filed, as provided in the preceding section, the petitioners shall cause at least two weeks' notice to be given, by posting notices in three of the most public places in such township or county through which the drain or drains, ditch or ditches, levee or or other work is or are proposed to be constructed, and by publishing a copy thereof in some newspaper published in the county in which the petition is filed, at least once in each week for two successive weeks, or if no newspaper is published in such county, then in the nearest newspaper published in the state. Such notice shall state when and before what board such petition is filed, the starting point, route and terminus of the proposed drain or drains, ditch or ditches or levees, and
ELEVATED WAYS AND CONVEYORS.
if a levee or other work is intended to be constructed in connection therewith, shall so state.
"§ 3. On the receipt of such petition by the clerk of the town board, or, in counties not under township organization, by the clerk of the county board, he shall forthwith give notice to the members of such board of the filing of such petition, and that a meeting will be held on a certain day, not later than sixty days after the filing of such petition, to consider the prayer of the petitioners; and such clerk shall publish in the three most public places in such township or county, a notice of the filing of such petition and the day fixed for a hearing on the same before such board, and the hearing may be adjourned from time to time, or the case continued for want of sufficient notice, or other good cause, at the discretion of such town or county board."
bis 5. On the hearing of any petition filed under the provisions of this act, all parties through or upon whose laud any of the proposed work may be constructed, or whose land may be damaged or benefited thereby, may appear and contest the necessity or utility of the proposed work, or any part thereof, and the contestants and petitioners may offer any competent evidence thereto. If it shall appear to the board that the proposed drain or drains, ditch or ditches, levee or other work is or are necessary, or will be useful for the drainage of the land proposed to be drained thereby for agricultural and sanitary purposes, the board shall so find, and shall file a petition in the name of the town board of auditors of such town, in counties under township organization, and in the name of the county board in counties not under township organization, in the county court of the county in which such town is situated, reciting the petition of said petitioners and their finding thereon, and pray that the cost of such improvement may be assessed as prescribed by law, and that three competent persons be appointed as commissioners to lay out and construct such work; and upon the filing of such petition the court shall appoint such commissioners. The petitioners shall pay the costs of all hearings before the town board, such board to receive the same compensation as allowed by law for other town business."
APPROVED April 15, 1875.
ELEVATED WAYS AND CONVEYORS.
FOR OPERATING ELEVATED WAYS AND CONVEYORS.
$ 1. Articles of incorporation.
§ 4. Capital stock-increase of.
In force July 1, 1875.
An Act in regard to elevated ways and conveyors.
SECTION 1. Be it enacted by the People of the State of Illinois, repre. sented in the General Assembly, Any company which has been or shall be incorporated under the general laws of this state for the purpose of constructing, maintaining and operating any elevated way or conveyor, shall state in its articles of incorporation the places from and to which it is intended to construct the proposed elevated way or conveyor. And any such coinpany may organize and become incorporated under the provisions of*chapter (32) thirty-two of the Revised Statutes of 1874, concerning corporations for pecuniary profit, and shall be subject to the provisions of the laws of this state applicable to such corporations.
$ 2. If any such corporation shall be unable to agree with the owner for the purchase of any real estate required for the purposes of its incorporation or the transaction of its business, or for its depots, station buildings, engine houses, or for right of way, or any other lawful pur. pose connected with or necessary to the construction, maintenance and operation of said elevated way or conveyor, such corporation may ac. quire such title in the manner that may be now or hereafter provided for by any law of eminent domain.
$ 3. Any such corporation may, by their agents and employees, enter upon and take from any land adjacent to its way, or road, or conveyor, earth, gravel, stone or other material, except fuel and wood, ne. cessary for the construction of such elevated way, paying, if the owner of such land and the said corporation can agree thereto, the value of such material taken, and the amount of damage occasioned to any such land or its appurtenances; and if such owner and corporation cannot agree, then the value of such material and the damage occasioned to such real estate shall be ascertained, determined and paid in the manner that may now or hereafter be provided by any law of eminent do. main ; but the value of such material, and the damages to such real estate, shall be ascertained, determined and paid for before such corporation can enter upon and take the same.
§ 4. In case the capital stock of any such corporation shall be found insufficient for constructing and operating its elevated way or couveyor, such corporation may, with the concurrence of two-thirds, in value, of all its stock, increase its capital stock, from time to time, to any amount required for the purpose aforesaid.
$ 5. Every corporation formed under this act shall, in addition to the powers herein before conferred have power
First-To cause such examiuation and survey for its proposed elevated way to be made as may be necessary to the selection of the most ad. vantageous route; and for this purpose, by its officers, agents or servants, may enter upon the lands or waters of any person or corporation, but subject to responsibility for all damages which shall be occasioned thereby.
Second-To lay out a strip of land, not exceeding sixty-six feet in width, on which to construct, maintain and operate said elevated way or conveyor; and for the purpose of cuttings and embaukments, to take as much more land as may be necessary for the proper construction and security of the elevated way; to cut down any standing trees that may be in danger of falling upon and injuring such way, making compensation therefor in manner provided by law. :
Third--To construct its way across, along or upon any stream of water, water-course, street, highway, plank road, turnpike, canal or railroad, which the route of such elevated way shall intersect or touch; but such corporation shall restore the stream, water-course, street, highway
plank road, turnpike and railroad thus intersected or touched, to its former state, or to such state as not unnecessarily to have impaired its usefulness, and keep such crossing in repair: Provided, that in no case shall any company construct its way without first constructing the ne. cessary culverts and sluices as the natural lay of the land requires for the necessary drainage thereof.
Nothing in this act contained sball be construed to authorize the erection of any bridge, or any other obstruction, across or over any stream navigated by steamboats, at the place where any bridge or other obstructions may be proposed to be placed, so as to prevent the navigation of such stream ; nor to authorize the construction of any elevated way or conveyor upon or across any street in any city, or incorporated town or village, without the assent of the corporation of such city, town or village: Provided, that in case of the construction of said elevated way or conveyor along highways, plank roads, turnpikes, canals or railroads, such company shall either first obtain the consent of the lawful authorities having control or jurisdiction of the same, or condemn the same under the provisions of any emipent domain law Dow or hereafter in force in the state.
APPROVED April 7, 1875.
FEES AND SALARIES.
FEES OF CLERKS OF THE SUPREME COURT.
$1. Amend section 12, act of 1872. AN ACT to amend section twelve (12) of an act entitled "An act con
cerning fees and salaries, and to classify the several counties of the State, with reference thereto," approved March 29, 1872, title as amended by act approved March 28, 1874. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section twelve of an act entitled "An act concerning fees and salaries, and to classify the several counties of the state with reference thereto," approved March 29, 1872, title as amended by act approved March 28, 1874, be and hereby is so amended as to read as follows:
og 12. FEES OF CLERKS OF SUPREME COURT.-The fees of clerks of the supreme court, for any services to be rendered by them, shall be as follows:
For administering each affidavit, with certificate, fifteen cents.
For entering an attorney on the roll, administering oath and certifying the same, with seal, one dollar.
For each official certificate and seal, other than to process of court, fifty cents.
For each official certificate without seal, other than to affidavits or oaths, twenty cents.
For taking and filing bonds, fifty cents.
For copy of a record or other papers in his office, for each one hun. dred words, fifteen cents.
For copy of a bill of costs, when requested by either party, twentyfive cents.
For making a complete record, when directed by either party, for each one hundred words, twenty cents.
For putting any cause on the docket, fifteen cents.
For entering each rule or order of the court, except an order of continuance, twenty-five cents.
For entering each continuance from one term to another, fifteen cents.
For entering sheriff's return on any writ, execution, mandamus or other special process, for each one hundred words, twenty cents.
For entering a judgment or decree, for each one hundred words, fifteen cents.
For entering a bill of costs in "cost book," thirty-five cents.
For administering each oath or affirmation, not otherwise provided for, ten cents.
For each writ of error and seal, with supersedeas, one dollar.
For each writ of error and seal, without supersedeas, seventy-five cents.
For each subpena, fifty cents.
For each scire facias, mandamus, and other special process, for each one hundred words, twenty cents.
For bringing into court, on request, any record of a suit, matter or thing not in court, twenty-five cents.
The clerks shall receive an advance fee of ten dollars when the record is filed, which shall be credited on the fees, and the clerks shall repay the same to the party entitled thereto when the costs are collected. The clerks shall not be required to issue a final order in any cause until all costs for which the party seeking such final order is liable, in such cause, have been paid. And in no event shall the said clerks charge or receive any other or different fees than those specified in this section."
APPROVED April 8, 1875.
STATE OFFICERS, ETC., REPORT TO THE GOVERNOR.
1. Fiscal year.
1. Accounts to be kept--semi-annual report to $ 2. Officers and trustees to report to the Governor be made to the Governor. biennially.
In force July 1, 1875. § 3. When reports to be made. AN ACT to change the fiscal year of the State and designate the time reports
shall be made to the Governor by the Secretary of State, Auditor of Public Accounts, State Treasurer, Adjutant General, State Entomologist, Commissioners of the Penitentiary, Trustees of the Industrial University, the Trustees of the Normal Universities, the State Board of Agriculture, the Trus. tees of the Reform School, the Board of Public Charities, and the Trustees of the State Charitable Institutions.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the fiscal year of this state shall