of such commissioners, made or constructed in good faith any work of improvement, and as a result of which the lands, railroads, public highways and municipal corporations within such district, or any part thereof, have been benefited, but prior to the construction of which improvements special assessments had not been legally levied thereon, to cause special assessments to be levied upon such of the lands, railroads, public highways and municipal corporations within any such drainage district after such improvement shall have been made as shall have been benefited thereby for the amount of the cost of such improvement but not in excess of the benefits, in the manner hereinafter provided.

§ 2. The amount of the cost of any such improvement so made shall be ascertained and determined by the commissioners of such drainage district and shall be equitably apportioned by them between the different lots, parcels of land, railroads, and public highways and municipal corporations within the drainage district, or such part thereof, according to the benefits conferred upon the respective lots, parcels of land, railroads, and public highways and municipal corporations, which determination and apportionment shall be evidenced by an appropriate resolution of the commissioners and in determining the cost the commissioners may include interest at not to exceed six per centum (6%) per annum on the amount of cost of such improvement from the time any such benefits shall have been actually conferred by the construction of such improvements. The resolution so adopted shall thereupon be spread upon the records of the commissioners and shall indicate the manner in which the commissioners have equitably apportioned the amount of the cost based wholly upon the benefits, between the different lots, parcels and tracts of land, railroads, public highways and municipal corporations within such district according to the proportions of benefits, if any, that it has been found and determined by the commissioners accrue to such lands, respectively, and the commissioners shall include as a part of such resolution an assessment roll, indicating the names of the respective owners of the different pieces of property assessed (if known to the commissioners), the legal descriptions of the lots, parcels and tracts of land, so assessed, and the respective amounts indicated by dollars and cents of such assessment, as they are proposed to be apportioned, and any part of any previous assessment for said improvement that may have been paid on account thereof.

The commissioners shall also include therein all railroads, public highways and municipal corporations to be affected by the proposed work, and the amount of benefits assessed, if any, accruing to the tracts or right-of-way of said railways and public highways and roads, and the streets and alleys of such municipal corporations.

AN ACT to provide for the organization of Skillet Fork River Drainage District and for the improvement of the channel of Skillet Fork River and its tributaries by special assessments on the property benefited thereby. (Approved April 11, 1917.)

NOTE.-An Act, embodying identical provisions, relative to the Little Wabash River Drainage District was approved June 26, 1917.

307. Skillet Fork Drainage District-Assessment of Railroad Property.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That, for the purpose of straightening, enlarging, deepening, embanking, constructing new or improved outlets or otherwise improving the channel, or any part thereof, of the Skillet Fork River and the bayous, lagoons and lesser streams tributary thereto for a more free flow of water and protection from overflow, a river drainage district to be known as Skillet Fork River Drainage District may be organized as hereinafter provided.

§ 47. When any work of the district organized under this Act drains or protects from overflow or proposes to drain or protect from overflow, either in whole or in part, any public or corporate road or railroad, or the streets and alleys of any municipal corporation, so as to benefit any such roads, streets and alleys, or other property of such corporate road or rail

road or municipal corporation, so that the roadbed or traveled track or other property of such public or corporate road, railroad or municipal corporation will be improved by the construction of such work, the commissioners shall apportion to the township, if a public road, to the company, if a corporate road or railroad, or to the municipal corporation in the case of streets and alleys, such proportion of the cost and expenses thereof as to private individuals, and shall include such apportionment in said "commissioners' roll of assessments and benefits," and give to the corporate authorities so benefited, or, in case they are damaged, to the said corporate authorities so damaged, or benefited and damaged, as the case may be, the same notice and at the same time as shall be given to private individuals; and the matter of the amount of such assessments of benefits and damages is not agreed upon, shall be submitted to a trial by the same jury in the same manner as the benefits and damages to accrue to private individuals; and the said jury shall view and examine such property, road, railroad, streets and alleys, and shall proceed to assess the damages and benefits in like manner as to the lands of individuals, and no other or different notice shall be required to be given: Provided, that when the commissioners and corporate authorities of the township road, corporate road, or railroad, or municipal corporation, or any of them, agree as to the amount that they or any of them should contribute, the amount so agreed on shall be reported to the said jury when they meet to correct their assessment roll, and the amount so agreed upon shall be incorporated into said assessment roll when amended by said jury or commissioners. In case such assessment is made against any township in this State the commissioners of highways of such town shall cause the same to be levied and paid to the said district in such manner as may now or hereafter be provided by law.

§ 49. When any ditch or drain or other work of said district, enlarging any channel or water-course, is located by the commissioners on the line of any natural depression or water-course, crossing the road of any railroad company where no bridge or culvert or opening of sufficient capacity to allow the natural flow of water of such ditch or water-course is constructed, it shall be the duty of the commissioners to give notice to such railroad company to construct or enlarge such bridge or culvert or opening in the grade of such road, for such ditch or ditches or other work, of the dimensions named in such notice, within thirty days from the service thereof; and any railroad company neglecting, failing, or refusing so to do shall be liable to said district in the sum of twenty-five ($25) dollars for each day said company shall have neglected or refused to construct such work, after the time fixed in such notice for constructing the same shall have expired, which damages or penalty may be recovered before a justice of the peace, if within his jurisdiction, or before any court of competent jurisdiction.

XXIII. PLATS.

AN ACT to revise the law in relation to plats. [Approved March 21, 1874. In force July 1, 1874.] Hurd's Revised Statutes, 1917, Ch. 109, Sec. 9.)

308. Plats of Highways, Etc., to be Recorded.

§ 9. Whenever any highway, road, street, alley, public ground, tollroad, railroad or canal is laid out, located, opened, widened or extended, or the location thereof altered, it shall be the duty of the commissioners, authorities, officers, persons or corporations, public or private, laying out, locating, opening, widening, extending or altering the same, to cause a plat thereof showing the width, courses and extent thereof, and making such reference to known and established corners or monuments that the location thereof may be ascertained, to be made, and recorded in the office of the recorder of the county in which the premises taken or used for the same, or any part thereof, are situated, within six months after such highway, road, street, alley, public ground, toll-road, railroad or canal is laid out,

located, opened, widened or extended, or the location thereof altered; and when any highway, road, street, alley, public ground, toll-road, railroad or canal is vacated, the order, ordinance or other declaration vacating the same shall be in like manner recorded. This Act shall not be constructed to alter or effect any law specifically providing for the recording of any such plat, or to 'require the same to be recorded sooner than is so specifically provided; except that any requirements to record such plat in any other place than is provided herein shall not excuse the parties from complying with this Act. Whoever shall refuse or neglect to comply with this section shall forfeit $25, and the like sum for every month he shall continue in such refusal or neglect after conviction therefor, to be recovered before any justice of the peace of the county, in the name of the county, one-half to the use of the county and the other half to the use of the person complaining. [R. S. 1845, p. 487, § 33.]

NOTE.-An Act of the General Assembly entitled, "An Act to provide for the organization of road districts, the election and duties of officers therein, and in regard to roads and bridges, in counties not under township organization, and to repeal an Act and parts of Acts therein named," approved May 4, 1887, in force July 1, 1887, contained the following provisions: "In addition to the notices now required by law in proceedings for laying out, locating or opening of public roads, similar notices shall be served on any railroad company, across or alongside of whose railroad it may be proposed to locate a public road: Provided, that this Act shall not apply to the proceedings for opening streets in towns or cities." This statute has been expressly repealed. See L. 1913, p. 520.

XXIV. STREET RAILROADS.

AN ACT entitled "An Act in regard to street railroads," and to repeal certain Acts herein referred to. [Approved and in force March 7, 1899. L. 1899, p. 331.] (Hurd's Revised Statutes, 1917, Ch. 131a, Secs. 1-6.)

309. Eminent Domain.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any company which has been or shall be incorporated under the general laws of this State, for the purpose of constructing, maintaining or operating any horse, dummy or street railroad or tramway, may enter upon and appropriate any property necessary for the construction, maintenance and operation of its road, and all necessary siding, side tracks and appurtenances, and may, subject to the provisions contained in this Act, locate and construct its road upon and over any street, alley, road or highway, or across or over any waters in this State, in such manner as not to unnecessarily obstruct the public use of such street, alley, road or highway, or interrupt the navigation of such waters: Provided, every such street railway may be operated by animal, cable, electric or any other motive power that may have been or shall hereafter be granted to it by the proper public officers or authorities, except steam locomotive engines.

NOTE.-See Denly v. Chicago & M. Elec. R. Co., 184 Ill. 426; North Chicago City R. Co. v. Town of Lake View 105 Ill. 207; Goddard v. Chicago & Northwestern Ry. Co. 174 III. 295; Wilder v. Aurora D. K. & R. Elec. Trac. Co. 216 Ill. 493; Gillette v. Aurora Ry. Co. 228 Ill. 261 holding that the statute does not relate to commercial railroads; Chicago & S. Traction Co. v. Flaherty 222 Ill. 67 holding that the same company connot be both a commercial railroad and a street railroad; etc.

Relative to right to condemn property see Metropolitan City R. Co. v. Chicago W. D. R. Co. 87 Ill. 317; Harvey v. Aurora & G. R. Co. 186 Ill. 283; Dewey v. Chicago & M. Elec. R. Co. 184 Ill. 426; Eddleman v. Union County Trac. & P. Co. 217 Ill. 409; etc.

310. Compensation for Property Taken or Damaged.

§ 2. When it is necessary for the construction, maintenance or operation of such road, or the necessary sidings, side tracks or appurtenances, to take or damage private property, the same may be done, and the compensation thereof may be ascertained and made in the manner which may be then provided by law for the exercise of the right of eminent domain.

311. Location of Road-Consent-Notice-Damages.

§ 3. No such company shall have the right to locate or construct its road upon or along any street or alley, or over any public ground in any incorporated city, town or village without the consent of the corporate authorities of such city, town or village, nor upon or along any road or highway, or upon any public ground without any incorporated city, town or village, except upon the consent of the county board. Such consent may be granted for any period not longer than twenty years, on the petition of the company, upon such terms and conditions not inconsistent with the provisions of this Act, as such corporate authorities or county board, as the case may be, shall deem for the best interests of the public: Provided, no such consent shall be granted unless at least ten days' public notice of the time and place of presenting such petition shall have been first given by publication in some newspaper published in the city or county where such road is to be constructed, and except upon the condition that the company will pay all damages to owners of property abutting upon the street, alley, road, highway or public ground, upon or over which such road is to be constructed, which they may sustain by reason of the location or construction of the road; the same to be ascertained and paid in the manner provided by law for the exercise of the right of eminent domain.

Where, however, any company is now operating or may hereafter operate lines of street railway in an incorporated city, town or village, under ordinances or grants, obligating such street railway company to construct specified mileage of extensions or additional lines of street railway upon the order of such incorporated city, town or village, the consent of such incorporated city, town or village, for the construction of such specified mileage of extensions or additional lines of street railway may be granted, without a petition of the street railway company: Provided, however, that in such case the incorporated city, town or village shall give at least ten (10) days' public notice by publication in some newspaper published in the city, town or village where such road is to be constructed, of its intention to require the construction of such specified mileage or additional lines of street railway. In case such incorporated city, town or village shall give public notice as herein provided, no further public notice need be given, but the company shall pay all damages to owners of property abutting upon the streets, alleys, roads, highways or upon grades upon or over which such road is to be constructed, which they may sustain by reason of the location or construction of the road, as in other cases; such damages to be ascertained and paid in the manner provided by law for the exercise of the right of eminent domain. (As amended by Act of June 24, 1915.)

NOTE. See Goddard v. Chicago & N. W. R. Co. 202 Ill. 362, Affg. 104 Ill. App. 526; Russell v. Chicago & M. Elec. R. Co. 205 Ill. 155, Revg. 98 Ill. App. 347; etc.

312.

Control of Streets Reserved-Police Power.

§ 4. Every grant to any such company of a right to use any street, alley, road, highway or public ground shall be subject to the right of the proper authorities to control the use, improvement and repair of such street, alley, road, highway or public ground, to the same extent as if such grant had been made, and to make all necessary police regulations concerning the management and operation of such railroad, whether such right is reserved in the grant or not.

NOTE.-See Village of Madison v. Alton, G. & St. Louis Trac. Co. 235 Ill. 346. 313. Repeal.

§ 5. That an Act entitled, "An Act in regard to horse and dummy railroads," approved March 19, 1874, and in force July 1, 1874; an Act entitled, "An Act to amend the title and sections one (1) and three (3) of an Act entitled, 'An Act in regard to horse and dummy railroads.'' approved June 9, 1897, and in force July 1, 1897, and all Acts or parts of Acts inconsistent herewith are hereby repealed.

NOTE.-See Blair v. Chicago, 201 U. S. 400.

§ 6. WHEREAS, The public interests require that this Act take effect immediately, therefore an emergency exists, and this Act shall take effect and be in force from and after its passage.

NOTE. The following Act is repealed by implication: "An Act to amend an Act entitled, 'An Act to give companies leasing, operating or controlling bridges, connecting cities, towns or villages in this State with cities, towns or villages in adjoining states, power to lease, own, construct and operate street railways over such bridge, and in adjoining counties, and acquire stock in and guarantee bonds of such street railways,' approved June 4, 1897, in force July 1, 1897." [Approved May 11, 1903. In force July 1, 1903.] (Hurds's Revised Statutes, 1913, Ch. 131a, Sec. 7.) This Act is repugnant to the provision of the Public Utilities Commission Law relative to intercorporate relations (Public Utilities Commission Law, Sec. 27) and is inconsistent also with the provisions of the Public Utilities Commission Law pertaning to the creation of indebtedness and the issuance of stocks and bonds (Public Utilities Commission Law, Secs. 20, 21).

XXV. SCREENS OR VESTIBULES FOR MOTORMEN AND

CONDUCTORS.

AN ACT to provide screens or vestibules for motormen and conductors on the street railway cars, and for a penalty for violation of this Act. [Approved May 11, 1903. In force July 1, 1903. L. 1903, p. 289; Legal News Ed., p. 274.] (Hurd's Revised Statutes, 1917, Ch. 131a, Secs. 8, 9.)

315. Cars to be Provided with Screen or Vestibule During Certain Months.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every cable, grip, electric, horse or other street car, other than trail cars, which are attached to motor cars, shall be provided during the months of November, December, January, February and March of each year, at both ends with a screen or vestibule constructed of glass or other material, which shall fully and completely protect the driver or motorman or gripman or conductor or other persons stationed on both ends and guiding or directing the motor power by which they are propelled from wind and storm.

§ 2. Any person, agent or officer of any association or corporation violating the provisions of this Act shall upon conviction, be fined in any sum not less than $25 nor more than $100 for each day each car belonginging to and used by any such person, association or corporation is directed or permitted to remain unprovided with the screen required in section 1 of this Act; and it is hereby made the duty of the prosecuting attorney of each county in this State, to institute the necessary proceedings to enforce the provisions of this Act.

XXVI.

ELEVATED WAYS AND CONVEYORS.

AN ACT in regard to elevated ways and conveyors. [Approved April 7, 1875. In force July 1, 1875. L. 1875, p. 77.] (Hurd's Revised Statutes, 1917, Ch. 32, Secs. 68-72.)

317. Organization-Articles of Incorporation.

SECTION 1. Be it enacted by the People of the State of Illinois, represented 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 company 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.