be

nor more than one thousand dollars for every year he refuses or neglects to perform such duties, which fines may collected by action in any court of record having jurisdiction; and it is hereby made the duty of the prosecuting attorney to enforce the provisions of this section before any court of record in such county. In case of neglect or refusal of the county surveyor to perform such duties, the board of supervisors or county court, as the case may be, shall, at their first session thereafter, employ some competent civil engineer to perform such duties as are herein required of the county surveyor, and who shall receive the same compensation and be liable to the same penalties after accepting the appointment as herein provided.

11. This act shall be deemed a public act, and shall be in force from and after its passage.

APPROVED March 31, 1869.

AN ACT relating to fencing railroads and service of process in relation in force April

thereto.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever a railroad corporation is required by law to fence its track or railroad, or to maintain or keep in repair any such fence, and shall neglect or refuse to build or repair such fence, as the case may be, the owner or occupant of the land adjoining such railroad, or over or through which the said railroad track shall or may be laid, may give notice in writing to such corporation, or the lessee thereof, or the persons using such railroad, to build within sixty days said fence, or repair within thirty days said fence, as the case may be, after the service of such notice. Such notice shall describe the land on which such fence is required to be built or repaired, and reference given to this act in said notice for the information of said railroad agent to whom the notice is given by the provisions of this act. Service of such notice may be made by delivering the same to any station agent of said corporation or railroad company.

5, 1859.

Notice to be given, etc.

2. In case the party so notified shall refuse or neglect Failure to repair to build or repair the fences on the land described in such notice, in accordance with the first section of this act, then it shall be lawful for the owner or occupant of such land required to be fenced, to build or repair the same, as the case may be, and the person so building or repairing such fence shall be entitled to the value thereof, from such corporation or party actually occupying or using such railroad, to be recovered with interest at one per cent. per month

Notice.

from the time such fence shall have been built or repaired, as the case may be, in any proper action, together with costs, fees, and disbursements to be taxed.

3. Such notice must be given on some day between the first day of March and the first day of October in any year.

4. This act shall take effect and be in force from and after its passage.

APPROVED April 5, 1869.

In force April AN ACT to fund and provide for paying the railroad debts of counties, 16, 1869.

state taxes,

townships, cities and towns.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenRefunding of ever any county, township, incorporated city or town shall have created a debt which still remains unpaid, or shall create a debt under the provisions of any law of this state, to aid in the construction of any railway or railways that shall be completed within ten years from and after the passage of this act, whose line shall run near to, into or through said county, township, city or town, it shall be lawful for the state treasurer, and he is hereby required, immediately upon receiving the revenue for each year, to place to the credit of such county, township, city or town so having incurred such indebtedness, in the state treasury, annually, for and during the term of ten years, all the state taxes collected and paid into the state treasury on the increased valuation of the taxable property of said county, township, city or town, as shown by the annual assessment rolls, over and above the amount of the asssesssment roll of the year 1868, excepting the state school tax and the two mill tax provided for by the constitution of this state for the payment of the state debt. And whenever any county, township, city or town shall have created a debt, as aforesaid, it shall also be lawful for the collector of taxes, and he is hereby required, annually, for and during the term of ten years, to pay into the state treasury all the taxes collected for any purpose whatever, on the assessment of the railroad or railroads for whose aid the said debt was incurred, including the road bed and superstructure, and all fixtures and appurtenances thereof, the locomotives, cars, machinery and machine shops, depots, and all other property, real and personal, of said railway company, within such county, township, city or town; and immediately upon receiving the same, the state treasurer shall place to the credit of such county, township, city or town, in the state treasury, the whole amount so received, except the state

school tax and the two mill tax provided by the constitution of this state for the payment of the state debt; and it shall be the duty of said collector of taxes to furnish the state auditor a separate and detailed account of the amount of taxes collected from said railway or railways, at the time of his annual settlement with the state auditor. And the state treasurer shall give to said collector separate receipts for the respective amounts paid into the state treasury to the credit of said county; and said receipts shall be taken and received by the county court, or other legal authorities, as vouchers for the amount collected on account of the county and local assessments on said railroad property, in the annual settlement with such collector; and the several amounts of money in this section provided and ordered to be placed to the credit of such county, township, city or town, shall be applied by the state treasurer to the payment of the bonded railroad debt of such county, township, city or town, as hereinafter provided.

tor.

Registry of

§ 2. And the county clerk, or other proper officer, upon the issuing of the bonds in payment of said railroad debt, bonds by audi shall make a registration thereof in a book to be kept for that purpose in his office, showing the date, amount, number, maturity and rate of interest of such bonds, and upon the subscription or donation to what railroad the same was given. And the said bonds, and bonds heretofore issued and still unpaid, in order to receive the benefits of this act, shall be registered by the holder thereof at the office of the auditor of public accounts, who shall cause the same to be registered in a book kept for that purpose. Such registration shall show the date, amount, number, maturity and rate of interest of such bond, under what act and by what county, township, city or town issued; and the auditor shall, under his seal of office, certify upon such bond the fact of such registration, for which registration and certificate the auditor shall be entitled to a fee of one dollar from the holder of each bond.

of counties.

3. In all cases, when any county, township, incorpo- Requirements rated city or town shall issue bonds under the provisions of law, and to be entitled to the benefits of this act, it shall be the duty of the county clerk of such county, or of the officer to whom or to whose office the assessment rolls for state taxation are or shall be returnable, within five days after such returns, to make out and transmit to the state auditor, to be filed in his office, a certificate stating the total value of all property, real and personal, within such county, township, city or town, as exhibited by such assessment.

4. When the bonds of any county, township, city or town shall be so registered, the state auditor shall annually ascertain the amount of interest for the current year due and accrued and to accrue upon such bonds, and from the

Interest

on

bonds, how paid

clerks.

amount so ascertained he shall deduct the amount in the state treasury placed to the credit of such county, township, Daty of county city or town, as herein provided and directed; and from the basis of the certificate of valuation of property heretofore provided to be transmitted to him, or, in case no such certificate shall be filed in his office, then upon the basis of the total assessment of such county, township, city or town, for the year next preceding, he shall estimate and determine the rate per centum on the valuation of property within such county, township, city or town, requisite to meet and satisfy the amount of interest unprovided for, together with the ordinary cost to the state of collection and disbursement. of the same, to be estimated by the auditor and treasurer, and shall make and transmit to the county clerk of such county, or to the officer or authority whose duty it is or shall be to prepare the estimates and books for the collection of state taxes in such county, township, city or town, a cer tificate stating such estimated requisite per centum for such purpose, to be filed in his office; and the same per centum shall thereupon be deemed added to and a part of the per centum which is or may be levied or provided by law for purposes of state revenue, and shall be so treated by such clerk, officer or authority, in making such estimates and books for the collection of taxes; and the said tax shall be collected with the state revenue, and all laws relating to the state revenue shall apply thereto, except as herein otherwise provided.

Taxes, applied.

how 5. The state shall be deemed the custodian only of the several taxes so collected and credited to such county, township, city or town, and shall not be deemed in any manner liable on account of any such bonds; but the tax and funds so collected shall be deemed pledged and appropriated to the payment of the interest and principal of the registered bonds herein provided for, until fully satisfied. The state shall annually collect and apply all the said taxes and funds placed to the credit of such county, township, city or town, for and during the term of eight years, to the payment of the annual interest on such registered bonds of such county, township, city or town, in the same manner as interest on the bonds of the state is or may be collected and paid, but in like moneys as shall be receivable in payment of state taxes; and for and during the remainder of the term of years during which said registered bonds shall remain unpaid, the funds provided in section one of this act, accruing from taxes collected on the property of said railroad or railroads, and the surplus, if any, of the other funds in this act provided, remaining after the payment of the interest on the bonds, shall be applied to the payment of the principal of said registered bonds, on presentation at the state treasury, or the treasurer shall purchase the same

in open market at not more than par; and upon such payment or purchase of the said bonds, the amount paid upon the principal of said bonds shall be indorsed thereon, and receipts therefor shall be taken and filed in the office of the state treasurer; and the interest coupons or bonds, when fully paid, shall be returned to the office of the state treas urer, and shall be canceled and destroyed in the same manner as those appertaining to the state debt. And the fund derived from the taxes collected on the increased assessment over the year 1868, and the tax levied to meet the interest on said registered bonds, shall continue to be annually applied to the interest of said bonds. And the said taxes and funds required in this act to be placed to the credit of counties, townships, cities and towns, shall be applied by the state treasurer to the payment of the registered railroad bonds of such county, township, cities or towns, equally and without discrimination.

§ 6. The state may, out of such funds, first retain or satisfy the ordinary costs of the state of the collection and disbursement thereof; and in case of non-presentment of any such bonds or interest coupons for payment, at the time and place when and where the interest on the state debt is or may be paid, then, on the beginning of the next year, the money by reason thereof undisbursed, together with any surplus for any cause remaining, shall be carried to the fund of such county, township, city or town, of the current or ensuing year, and be considered by the auditor in making his next estimate for taxation therein for such year under this act, and shall be applied accordingly during the first eight years of the operation of this act. All laws relating to the payment of interest on the state debt, or the cancelation of evidences thereof, not inconsistent with this act, shall apply to the receipt, custody and disbursement of the taxes and funds provided by this act.

In case of sur

plus.

gistry of bonds.

7. And it shall not be lawful to register any bonds Requirements under the provisions of this act, or to receive any of the previous to rebenefits or advantages to be derived from this act, until after the railroad in aid of the construction of which the debt was incurred shall have been completed near to or in such county, township, city or town, and cars shall have run thereon; and none of the benefits, advantages or provisions of this act shall apply to any debt, unless the subscription or donation creating such debt was first submitted to an election of the legal voters of said county, township, city or town, under the provisions of the laws of this state, and a majority of the legal voters living in said county, township, city or town were in favor of such aid, subscription or donation; and any county, township, city or town shall have the right, upon making any subscription or donation to any railroad company, to prescribe the conditions upon which such bonds, subscriptions or donations