has become entitled to any diminution of his sentence, by the provisions aforesaid, he shall for the first offense forfeit, if he has made so much, two days; for the second offense, four days; for the third offense, eight days; for the fourth offense, sixteen days; and in addition thereto, whatever number of days, more than one, that he is in punishment, shall also be forfeited; for more than four offenses the warden shall have power to deprive him, at his discretion, of any portion or all of the good time that the convict may have earned, but not less than as provided for the fourth offense: Provided, that the penitentiary commissioners shall have the power to restore to any convict who has heretofore or may hereafter forfeit any good time by violating any law or part thereof now in force, of which this is an amendment, and as may seem proper in their good judgment."

APPROVED April 15, 1875.

POLICE MAGISTRATES.

ELECTION OF, IN CITIES, VILLAGES AND TOWNS.

§ 1. Election, jurisdiction and fees of police magis- § 2. Emergency.

trates.

In force April 13, 1875.

AN ACT to authorize the election of police magistrates in towns, cities and villages where the same are not provided for by law.

SECTION 1. Be it enacted by the People of the State of Illinois, repre sented in the General Assembly, That all towns, cities and villages in the state which have been incorporated under charters granted by special acts, or under a general act, when the law under which they are incorporated does not authorize the election of a police magistrate, be and they are hereby authorized to elect one police magistrate at the first annual election of town, city or village officers that shall occur after the passage of this act, and quadrennially thereafter. Such police magis trates shall hold their offices for the same term, be commissioned and qualified, and have the same jurisdiction and fees, as police magistrates of villages have under the general law for the incorporation of cities and villages.

82. As the first annual election of town, city and village officers in many of the towns, cities and villages in this state, by this act authorized to elect a police magistrate, will occur before the first day of July next, after the adjournment of this general assembly, therefore an emergency exists requiring this act to take effect immediately; therefore, this act shall take effect and be in force from and after its passage: Provided, that the election for police magistrates in cities that have one or more police magistrates, elected under a former organization as a town or city, shall not be held until the term for which said police magistrate or magistrates were elected has expired.

APPROVED April 13, 1875.

REVENUE.

§ 1. Tax by valuation.

FOR STATE PURPOSES.

§ 2. Rates per cent-repealing clause.

In force July 1st, 1875.

AN ACT to provide the necessary revenue for State purposes.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be raised, by levying a tax, by valuation, upon the taxable property in this state, the following sums, for the purposes hereinafter set forth: For general state purposes, to be designated "revenue fund," one million eight hundred thousand dollars, ($1,800,000), upon the assessed value of property for the year 1875, and one million five hundred thousand dollars, ($1,500,000), annually thereafter; for state school purposes, to be designated "state school fund," in lieu of the two mill tax therefor, one million of dollars, ($1,000,000), annually.

§ 2. The governor and auditor shall, annually, compute the separate rates per cent. required to produce not less than the above amounts, anything in any other act providing a different manner of ascertaining the amount of revenue required to be levied for state purposes to the contrary notwithstanding; and when so ascertained, the auditor shall certify to the county clerks the proper rates per cent. therefor, and also such definite rates for other purposes as are now or may hereafter be provided by law, to be levied and collected as state taxes; and all laws and parts of laws in conflict with this act are hereby repealed. APPROVED April 10, 1875.

ROADS AND BRIDGES.

IN COUNTIES NOT UNDER TOWNSHIP ORGANIZATION.

§ 1. Amend sections 34, 35, 38, 40, 41, 42, 43, 44, 46, § 41. Justices of the peace have jurisdiction.

act of 1873.

§ 34. When labor system in whole or in part

adopted.

§ 35. Road tax-how assessed and collected.

§ 42. Suits to be in the corporate name of the county.

§ 43. Return by supervisors of delinquents.

§ 44. Annual report of supervisors.

§ 38. Notice to labor or pay money-how labor | § 46. Supervisors to hire teams, etc.-Repealing performed.

§ 40. Suits for labor and taxes.

clause.
In force July 1, 1875.

AN ACT to amend sections thirty-four (34), thirty-five (35), thirty-eight (38), forty (40), forty-one (41), forty-two (42), forty three (43), forty-four (44), and forty six (46), and to repeal section thirty-six (36), of an act entitled "An act in regard to gateways, roads and bridges in counties not under township organization," approved and in force April 18th, 1873. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That sections thirty-four (34), thirty-five

(35), thirty-eight (38), forty (40), forty-one (41), forty-two (42), fortythree (43), forty-four (44), and forty-six (46), and to repeal section thirtysix (36), of an act entitled "An act in regard to gateways, roads and bridges in counties not under township organization, approved and in force April 18, 1873, be so amended as to read as follows, to-wit:

" 34. The county courts (county boards) of the several counties of this state, which shall adopt the system of part tax and part labor, or all labor, at the December term, annually, shall fix and cause to be entered upon the records of their courts (boards) a certain number of days, not exceeding five nor less than two, that each and every able-bodied man between the ages of twenty-one and fifty years shall labor upon some public road within the county during the year. And it shall be the duty of the clerk of said court (county clerk) to certify the number of days fixed as aforesaid in the notice to each supervisor appointed in said county.

"35. The county court (county board) of each and every county, in addition to the work required in the foregoing section (34,) may, at the September term, annually, assess a road tax of not more than twenty cents on each one hundred dollars' worth of taxable property, real and personal, or either, within their counties; and a column in the tax book shall designate the amount of such road tax due from each person from whom the same is to be collected; which road tax shall be collected by the collector as other county revenue, and paid into the treasury in like manner; and the county board shall appropriate the same on roads and bridges within the road district from which such tax may be collected, or so much of it as the supervisor of said district shall deem necessary to keep the roads and bridges of such road district in good repair, and all overplus, if there be any, shall be paid into the county treasury, to be expended on roads and bridges within said county as the county board may deem proper: Provided, that counties electing to work under the tax system in whole, for road purposes, may levy a road tax not exceeding forty cents on every one hundred dollars' worth of property, real or personal, as provided in section thirty (30) of this act.

"g 38. The number of days in which labor shall be performed being fixed upon and certified to the supervisor, he shall notify each person in his district subject to road labor of the time when and place where to attend and work as required, and the proper tools to bring—such labor to be performed by the principal or a substitute equally able as himself, working at least eight hours per day; and if such person shall spend the day in idleness, be turbulent or disorderly, or disobey the supervisor, he may be discharged from the road, and the supervisor shall collect from him at the rate of two dollars per day for the balance of time for which labor is due: Provided, that all money collected by supervisors shall be disbursed on some road within their district.

"S 40. The supervisors may sue in the name of the county for all labor or money that may be due under the provisions of this act, from each person residing within their respective districts, which labor or money remains unpaid after a notice shall have been given and a failure to settle the same, as provided in the foregoing sections; and having collected the same, they shall, without unnecessary delay, disburse the money to the best advantage on public roads in the districts to which said labor or money properly belongs. In all cases the supervisor shall be a competent witness in suits brought as above stated; an appeal

may be taken to the circuit court by either party, as in other cases of appeal from justices of the peace.

"S 41. Supervisors are hereby authorized to bring suits before any justice of the peace of the county, to recover any and all sums due for road labor, fines, forfeitures, or other penalties imposed by this act, which are intended to come in the hands of such supervisors for road purposes, and to collect, disburse and account for the same, suing in the name of the county.

" 42. All suits, actions and proceedings necessary to be had on any right or cause of action, for failure to perform road labor or pay fines, forfeitures or other penalties imposed by this act, or to enforce any coutract or promise in reference to the opening or repairing of public roads, shall be had in the corporate name of the county wherein the right of action occurred [accrued: Provided, that no suits shall be dismissed on account of informality in the name of the plaintiff; but the court may, on application, permit the record to be so amended as to place the name of the proper plaintiff on the record.

"g 43. Every supervisor shall endeavor to collect all labor tax or other dues, and close the work by the first Monday in December, annually; and it shall be their duty, when such labor tax has been paid, in money or labor, to write the word "paid" against the name of the person from whom the same was due, and all persons opposite whose names the word "paid " is written have paid such labor tax; and all persons opposite whose names the word "paid" is not written have not paid such tax, and the same remains due and unpaid, according to the best of his knowledge and belief; and such list certified to under oath shall be included in and made a part of such supervisor's report.

44. At the December term of the county court (county board), annually, each supervisor shall make, under oath, a report showing the whole number of days' work that has been done in his district during the year, by whom done, the amount of money by him received, from whom received, on what account received, due on roads, the amount paid out by him in constructing roads, with the vouchers accompanying; at which term he shall make a settlement with the court (board), and if a balance should appear in his hands, the same shall be disbursed in the district, or added to the general road fund, as the county board shall order. Supervisors may appoint one or more persons to warn in the hands, and make an allowance therefor out of the labor tax due from such person."

"g 46. Supervisors are hereby authorized to hire teams to do the necessary hauling, plowing and scraping; to contract for materials for building bridges, causeways, erecting guide boards, for making and furnishing road scrapers, and repairing roads in discharge of labor tax due, and so far as funds shall come into their possession, procuring said teams, materials, implements and work, on the best possible terms; but all contracts made under this section, exceeding in amount ten dollars, shall be first approved or ordered by the county board: Provided, that nothing herein contained shall prevent the supervisors from expending, within their road districts, the road labor or money collected in lieu thereof."

Section thirty-six (36) of said act is hereby repealed.

APPROVED April 15, 1875.

IN COUNTIES UNDER TOWNSHIP ORGANIZATION.

§ 1. Amend section 56, act of 1873-Taxes to be paid to districts. In force July 1, 1875.

AN ACT to amend section 56 of an act entitled "An act in regard to roads and bridges in counties under township organization," approved and in force April 11, 1873.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section 56 be amended so as to read as follows, to-wit:

"56. The treasurer of the commissioners of highways shall pay over the district road tax according to the abstracts, as furnished above, upon the written orders of the various overseers of roads, for work done in their respective districts, when said orders are approved, in writing, by a majority of said commissioners."

APPROVED April 13, 1875.

§ 1. Amend section 97, act of 1873-Roads on county lines. In force July 1, 1875.

AN ACT to amend section 97 of an act entitled "An act in regard to roads and bridges in counties under township organization," approved April 11, 1873.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section 97, of the above entitled act, be amended to read as follows, to-wit:

" 97. Public roads may be established, altered, widened or vacated on township or county lines in the same manner as other public roads, except that in such case a copy of the petition shall be posted up in and presented to the commissioners of highways of each town interested; said petition to be as in other cases, and signed by not less than twelve freeholders residing in either county, within three miles of the road so to be altered, widened, located or laid out whereupon, it shall be the duty of the commissioners of highways of the several towns to meet and act as one body, in the same time and manner as in other cases, in considering the petition, viewing the premises, adjusting damages, and making all orders in reference to such proposed road, alteration widening or vacation, and a majority of all such commissioners must concur in such orders; and a copy of all final orders and plates and papers shall be filed and recorded in each of the counties and towns interested."

APPROVED April 15, 1875.