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by mortgage or trust deed on lands in this state) such coutract may bear any rate of interest allowed by law, to be taken or contracted for by persons or corporations in this state, or which is or may be allowed by law on any contract for money due or owing in this state: Provided, however, that such rate of interest shall not exceed ten per cept. per annum. And if any such person or corporation shall contract or has contracted to receive a greater rate of interest or discount than ten per cent. upon any such contract, such person or corporation shall forfeit the whole of said interest so contracted to be received, and shall be entitled only to recover the principal sum due to such person or cor. poration.

§ 2. EMERGENCY. Whereas, by reason of an existing ambiguity in sections four (4) and eight (8) of the act approved March 25th, A.D. 1874, above referred to, a necessity exists for this act to take effect iminediately: therefore this act shall take effect and be in force from and after its passage.

APPROVED March 3, 1875.

JUDGMENTS AND DECREES.

JUDGMENTS, DECREES AND EXECUTIONS.

$ 1. Amend section 39, act of 1872. Death of defendant-proceedings on. In force July 1, 1875.

AN ACT to amend section 39 of an act entitled "An act in regard to judg.

ments and decrees, and the manner of enforcing the same by execution, and to provide for the redemption of real estate sold under execution or decree,approved March 22, 1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section 39 of act entitled "An act in regard to judgments and decrees, and the manner of enforcing the same by execution, and to provide for the redemption of real estate sold under execution or decree," approved March 22, 1872, be and the same is hereby amended so as to read as follows:

"§ 39. When a person shall die, after the rendition of a judgment or decree for the payment of money against him is obtained in a court of record, execution may issue against the real estate of such deceased person, or sale may be made under such decree, without reviving the judgment or decree against his heirs or legal representatives: Provided, that no execution shall issue or sale be made until after the expiration of twelve months from the death of such deceased person, nor shall any sale be had on any such execution or decree until the person in whose favor the judgment or decree is sought to be enforced shall give to the executor or administrator, or if there is neither, the heirs of the deceased at least three months' notice of the existence of such judgment or decree, before issuing execution or proceeding to sell, which notice shall be in writing when the parties required to be notified reside or may be found within the state, and their place of residence known, otherwise publication notice shall be given in the manner directed for chancery proceeding in sections 12 and 13 of an act entitled “An act to regulate the practice in courts of chancery," approved March 15, 1872.

APPROVED April 2, 1875.

JUSTICES OF THE PEACE.

NUMBER TO BE APPOINTED IN THE CITY OF CHICAGO.

$1. Amond section 1, act of 1871. Recom

mendation-appointment.

2. Emergenoy.

In force March 25, 1875.

AN ACT to amend section one (1) of an act entitled An act relating to

justices of the peace in the city of Chicago," approved and in force March 30, 1871.

SECTION 1. Be it enacted by the People of the State of Illinois, repre. sented in the General Assembly, That section one (1) of an act entitled “An act relating to justices of the peace in the city of Chicago," approved and in force March 30, 1871, be and the same is hereby amended so as to read as follows:

Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be the duty of the judges of the circuit, superior and county courts of Cook county, a majority of the judges concurring therein, on or before the first day of April, in the year of our Lord 1875, and every four years thereafter, to recommend to the governor seven (7) fit and competent persons to fill the office of justice of the peace in the town of West Chicago; also, seven (7) fit and competent persons to fill the office of justice of the peace in the town of South Chicago; also, five (5) fit and competent persons to fill the office of justice of the peace in the town of North Chicago, all in the city of Chicago and county of Cook ; and the persons thus recommended the governor shall nominate, and by and with the advice and consent of the senate, (a majority of senators elected concurring by yeas and nays,) appoint justices of the peace in and for each of said towns, respectively; and in case the governor rejects any person recoinmended, or the senate refuse to confirm any person nominated, the governor shall give notice of such rejection or refusal to the said judges, who shall, within ten (10) days after the receiving of such notice, recommend some fit and competent person for such appointment: Provided, such person so recommended sball be elected to the town in and for which they are to be appointed such justices of the peace.

§ 2. Whereas, there is now no law defining the number of justices of the peace to be appointed in the city of Chicago, and an emergency exists; therefore this act shall take effect and be in force from and after its passage.

APPROVED March 25, 1875.

88

NOTARIES PUBLIC-OHIO AND WABASE RIVERS.

NOTARIES PUBLIC.

PROVIDE FOR—APPOINTMENT-QUALIFICATION, ETC.

§ 1. Amend section 1, act of 1872—Who may be appointed. In force July 1, 1875.

An Act to amend section one of an act entitled "An act to provide for the

appointment, qualification and duties of notaries public, and certifying their official acts," approved April 5, 1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section one of the above entitled act be amended to read as follows:

"That the governor may appoint, by and with the advice and consent of the senate, and commission as notaries public as many persons resident in the county in this state for which they are appointed as he may deem necessary, but no person shall be appointed a votary public who is under twenty-one years of age, is not a citizen of the United States and has not resided in this state one year preceding the appointment."

APPROVED April 13, 1875.

OHIO AND WABASH RIVERS.

TITLE CEDED TO THE UNITED STATES, ETC.

§ 1. Authority given United States Government. ' § 2. Damages.

. $ 3. Jurisdiction.

In force July 1, 1875.

AN ACT granting to the government of the United States the right to enter

upon and take possession of such small tracts or parcels of land lying within the State of Illinois, and on the waters of the Ohio and Wabash rivers, as may be necessary to facilitate the improvement of said rivers.

WHEREAS, the government of the United States bas begun, and will probably continue the improvement of the Ohio and Wabash rivers ; and whereas, it may be advisable, for the removal of all doubts as to the right of the general government to acquire real estate and establish public works within the limits of any state without the consent of such state; therefore,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the consent of the state of Illinois be and is hereby given to the government of the United States to enter upon such small parcels or tracts of land lying on the bank of the Ohio and Wabash rivers, within the state of Illinois, as may be necessary for the construction of locks, lock-keepers' dwellings, and abutments or other works, to be used to facilitate the improvement] of the channels of said rivers.

§ 2. All cases of damages that may arise under the provisions of this act shall be settled as provided for in “An act to provide for the exercise of the right of eminent domain,” approved April 10, 1872, in force July 1, 1872.

§ 3. Exclusive jurisdiction is hereby ceded to the United States over all or any lands acquired under the provisions of this act.

APPROVED April 15, 1875.

PARKS.

COMPLETION AND MANAGEMENT.

$ 1. Amend section 12, act of 1871–Form of bond-1

Town property pledged-Payment of prin
cipal and interest.

$ 2. Emergency.

In force March 4, 1875.

AN ACT to amend section twelve (12) of an act entitled "An act in regard

to the completion of public parks and the management thereof," approved June 16, 1871.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section twelve (12) of an act entitled "An act in regard to the completion of public parks and the management thereof,” approved June 16, 1871, be annended so as to read as follows, to-wit:

bog' 12. Such bonds shall be issued, when authorized by the corporate authorities of the towns, as aforesaid, in the names of said towns respectively, by the commissioners of any such park, to be signed by their president and treasurer, and countersigned by their secretary, with his seal of office affixed ; and the special assessment herein authorized to be made the property of said towns respectively, and the lands used for such parks, shall be pledged for the redemption of said bonds so issued by such towns. They shall bear interest at the rate of seven per cent. per annum, payable semi-annually, and the principal shall be payable at such time as may be determined, not exceeding twenty years; and the time for the payment of the principal shall be so distributed as nearly as practicable as to retire each year an amount equal to the amount of the special assessment collected. The special assessment sball only be used for the purchase of lands and the redemption of the bonds."

§ 2. Whereas, the town of North Cbicago, Cook county, has condemned land under the provisions of an act to which this is an amendment, and it is important to negotiate bonds without delay, it is declared that an emergency has arisen, whereby this act should take effect immediately; therefore, this act shall take effect and be in force from and after its passage.

APPROVED March 4, 1875.

PAUPERS.

REMOVAL AUTHORIZED.

$1. Amend section 16, act of 1874_Removal of paupers not resident of county, etc.

In force July 1, 1875.

AN ACT to amend section (16) sixteen of an act entitled "An act to revise

the law in relation to paupers." SECTION 1. Be it enacted by the People of the State of Illinois, repre. sented in the General Assembly, That section (16) sixteen of an act entitled "An act to revise the law in relation to paupers," approved March 23, 1874, be and the same is hereby amended so as to read as follows :

“ 16. If any person shall become chargeable as a pauper in any county or town, who did not reside therein at the commencement of six months immediately preceding his becoming so chargeable, but did, at that time, reside in some other county or town in this state, it shall be the duty of the county or town clerk, as the case may be, to send written notice, by mail or otherwise, to the county clerk of the county in which the pauper so resided, or if he then resided in a town supporting its own poor, to the town clerk of such town, requesting the proper authorities of such county or town to remove said pauper forthwith, and to pay the expenses accrued and to accrue in taking care of the same; and such county or town, as the case may be, where such pauper resided at the commencement of the six months immediately preceding such person becoming chargeable as a pauper, shall pay to the county or town so taking care of such pauper, all reasonable charges for the same, and such amount may be recovered by suit in any court of competent jurisdiction."

APPROVED April 9, 1875.

PENITENTIARY.

CREDIT IN DIMINUTION OF SENTENCE.

$1. Amend section 2 act of 1872—Forfeitures of good time. In force July 1, 1875.

AN ACT to amend section two of "An act to allow convicts in the penitentiary

a credit in diminution of their sentence, and for their being restored to citizenship upon certain conditions," approved March 19, 1872, in force July 1, 1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section two of an act entitled “An act to allow convicts in the penitentiary a credit in diminution of their sentence, and for their being restored to citizenship upon certain conditions," approved March 19, 1872, in force July 1, 1872, [be and the same is so amended as to read as follows:

“In case any convict shall be guilty of the violation of any of the rules or laws of the penitentiary or of the state, as above provided, and

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