be punished for each offense by imprisonment in the State penitentiary not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

371. Fraudulently Issuing Duplicate or Additional Negotiable Bill, Etc.Penalty.

§ 46. Any officer, agent or servant of a carrier who, with intent to defraud, issues or aids in issuing a duplicate or additional negotiable bill for goods in violation of the provision of section 7, knowing that a former negotiable bill for the same goods or any part of them is outstanding and uncanceled shall be guilty of a crime and upon conviction shall be punished for each offense by imprisonment in the State penitentiary not exceeding five years or by a fine not exceeding five thousand dollars, or both.

372. Shipping Goods Mortgaged, Etc., Without Disclosing Title, Etc.-Penalty. § 47. Any person who ships goods to which he has not title, or upon which there is a lien or mortgage, and who takes for such goods a negotiable bill which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the lien or mortgage, shall be guilty of a crime and upon conviction shall be punished for each offense by imprisonment in the State penitentiary not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. 373. Negotiating or Transferring Bill With Intent to Deceive-Penalty.

§ 48. Any person who, with intent to deceive, negotiates or transfers for value a bill knowing that any or all of the goods which by the terms of such bill appear to have been received for transportation by the carrier which issued the bill are not in possession or control of such carrier, or of a connecting carrier, without disclosing this fact, by causing said fact to be endorsed shall be guilty of a crime and upon conviction shall be punished for each offense by imprisonment in the State penitentiary not exceeding five years, or by a fine not exceeding five thousand dollars, or by both.

374. Securing Issue of Bill for Goods Not Received-Penalty.

§ 49. Any person who with intent to defraud secures the issue by a carrier of a bill knowing that at the time of such issue, any or all of the goods described in such bill as received for transportation have not been received by such carrier, or an agent of such carrier or a connecting carrier, or are not under the carriers control, by inducing an officer, agent, or servant of such carrier falsely to believe that such goods have been received by such carrier, or are under its control, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment in the State penitentiary not exceeding five years, or by a fine not exceeding five thousand dollars, or by both.

375. Issuing Non-Negotiable Bill Without Words "Not Negotiable."

§ 50. Any person who with intent to defraud issues or aids in issuing a non-negotiable bill without the words "not negotiable" placed plainly upon the face thereof, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment in the State penitentiary not exceeding five years or by a fine not exceeding five thousand dollars, or by both.

376. Rules in Cases Not Provided For.

$51. In any case not provided for in this Act the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent, executors, administrators and trustees, and to effect of fraud, misrepresentation, duress or coercion, accident, mistake, bankruptcy, or other invalidating cause, shall govern.

377. Act, How Interpreted and Construed.

§ 52. This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those States which enact it.

378. Terms Defined.

$ 53.—(1) In this Act, unless the context or subject matter otherwise requires

"Action" includes counter claim, set-off, and suit in equity.

"Bill" means bill of lading.

"Consignee" means the person named in the bill as the person to whom delivery of the goods is to be made.

"Consignor" means the person named in the bill as the person from whom the goods have been received for shipment.

"Goods" means merchandise or chattels in course of transportation, or which have been or are about to be transported.

"Holder" of a bill means a person who has both actual possession of such bill and a right of property therein.

"Order" means an order by indorsement on the bill. "Owner" does not include mortgagee or pledgee.

"Person" includes a corporation or partnership or two or more persons having a joint or common interest.

To "purchase" includes to take as mortgagee and to take as pledgee. "Purchaser" includes mortgagee and pledgee.

"Value" is any consideration sufficient to support a simple contract. An antecedent or pre-existing obligation, whether for money or not, constitutes value where a bill is taken either in satisfaction thereof or as security therefor.

(2) A thing is done "in good faith," within the meaning of this Act, when it is in fact done honestly, whether it be done negligently or not.

379. Not Apply to Bills Delivered Prior to Taking Effect of Act.

$ 54. The provisions of this Act do not apply to bills made and delivered prior to the taking effect thereof.

380. Repeal.

$55. All Acts or parts of Acts inconsistent with this Act are hereby repealed.

381. Act How Cited.

$56. This Act may be cited as the Uniform Bills of Lading Act.

NOTE.-An Act of the General Assembly entitled, "An Act defining and regulating express companies and carriers by express operating with the State of Illinois, declaring them to be common carriers and placing them under the jurisdiction and control of the Illinois Railroad and Warehouse Commission," proved June 9, 1911, in force July 1, 1911, is expressly repealed by the Public Utilities Commission Law. (Public Utilities Commission Law, section 81.)

XXIX. UNCLAIMED PROPERTY.

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AN ACT to provide for the sale of personal property by common carriers, warehousemen and innkeepers and by others having lines thereon. [Title as amended May 13, 1879. In force July 1, 1879. L. 1879, p. 317. Original Act in force July 1, 1874.] (Hurd's Revised Statutes, 1917, Ch. 141, Secs. 1-4.)

382. Sale of Unclaimed Property.

SECTION 1. That whenever any trunk, carpet-bag, valise, bundle, package, or article of property, transported, or coming into the possession of any railroad or express company, or any other common carrier, or innkeeper or warehouseman, or private warehouse-keeper, in the course of its or his business as common carrier, innkeeper, warehouseman or private warehouse-keeper, shall remain unclaimed, and the legal charges thereon unpaid during the space of six months after its arrival at the point to which it shall have been directed, and the owner or person to whom the same is consigned cannot be found upon diligent inquiry, or, being found and notified of the arrival of such article, shall refuse or neglect to receive the same and pay the legal charges thereon for the space of three months, it shall be lawful for such common carrier, innkeeper, warehouseman or private warehouse-keeper to sell such article at public auction, after giving

the owner or consignee fifteen days notice of the time and place of sale, through the postoffice, and by advertising in a newspaper published in the county where such sale is made, and out of the proceeds of such sale to pay all legal charges on such articles, and the overplus if an, shall be paid to the owner or the consignee upon demand. [As amended by Act approved June 18, 1883. In force July 1, 1883. L. 1883, p. 175.]

383. Perishable Property.

§2. Perishable property which has been transported to destination, and the owner, or consignee, notified of its arrival, or being notified, refuses or neglects to receive the same and pay the legal charges thereon, or if upon diligent inquiry the consignee cannot be found, such carrier may, in the exercise of a reasonable discretion, sell the same at public or private sale without advertising, and the proceeds, after deducting the freight and charges and expenses of sale, shall be paid to the owner or consignee upon demand.

384. Sale of Property-Notice.

§ 3. All persons other than common carriers having a lien on personal property, by virtue of an Act entitled "An Act to revise the law of liens," approved March 25, 1874, may enforce said lien by a sale of said property, on giving to the owner thereof, if he and his residence be known to the person having such lien, ten (10) days' notice, in writing, of the time and place of such sale, and if said owner or his place of residence be unknown to the person having such lien, then upon his filing his affidavit to that effect with the clerk of the County Court in the county where said property is situated; notice of said sale may be given by publishing the same once in each week for three (3) succesive weeks in some newspaper of general circulation published in said county, and out of the proceeds of said sale all costs and charges for advertising and making the same, and the amount of said lien shall be paid, and the surplus, if any, shall be paid to the owner of said property. [As amended by Act approved May 13, 1879. In force July 1, 1879. L. 1879, p. 317.]

385. Repeal.

S 4. The Act with above title, approved April 10, 1872, is hereby repealed.

XXX. TELEGRAPH AND TELEPHONE COMPANIES.

AN ACT to revise the law in relation to telegraph companies. [Approved March 24, 1874. In force July 1, 1874.] (Hurd's Revised Statutes, 1917, Ch. 134, Secs. 1-10.)

386. Act Applies to All Telegraph Companies.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every company hertofore incorporrated under any general or special law, or which may be incorporated under any general law of this State for the construction or operation of any telegraph line through or in this State, shall possess the powers and privileges and be subject to the duties, restrictions and liabilities prescribed in this Act.

387. Eminent Domain.

§2. Every such company may enter upon any lands for the purpose of making surveys and examinations with a view to the erection of any telegraph line, and take and damage private property for the erection and maintenance of such lines, and may, subject to the provisions contained in this Act, construct lines of telegraph along and upon any railroad, road, highway, street or alley, along or across any of the waters or lands within this State, and may erect poles, posts, piers or abutments for supporting the insulators, wires and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the rail

road, highway, street or alley, or interrupt the navigation of such waters. [L. 1849, p. 188, § 5.]

NOTE.-See Village of London Mills v. White 208 Ill. 289 Affg. 105 Ill. App. 146; Illinois Tel. News Co. v. Meine 242 Ill. 568; St. Louis & C. R. Co. v. Postal Tel. Co. 173 Ill. 508; Western Union Tel. Co. v. Louisville & N. R. Co. 270 Ill. 399; etc.

388.

How Compensation Made.

§ 3. When it shall be necessary, for the construction, alteration or repair of any line of telegraph, to take or damage any property, the same may be done and the compensation therefor ascertained and made in the manner which may be at that time provided by law for the exercise of the right of eminent domain. [L. 1849, p. 188 § 6.]

389. Consent Necessary to Erect Poles on Roads and Streets-Record-AIteration.

§ 4. No such company shall have the right to erect any poles, posts, piers, abutments, wires or other fixtures of their lines along or upon any road, highway, or public ground, outside the corporate limits of a city, town or village, without the consent of the county board of the county in which such road, highway, or public ground is situated, nor upon any street, alley, or other highway or public ground, within any incorporated city, town or village, without the consent of the corporate authorities of such city, town or village. The consent herein required must be in writing, and shall be recorded in the recorder's office of the county. And such county board, or the city council, or board of trustees of such city, town or village, as the case may be, shall have power to direct any alteration in the location or erection of any such poles, posts, piers or abutments, and also in the height of the wires, having first given the company or its agent opportunity to be heard in regard to such alteration.

NOTE.-See City of Springfield v. Central U. Tel. Co. 184 Ill. App. 400; Grannemann v. Meyer 169 Ill. App. 291; Interstate Ind. Teleph. & Teleg. Co. v. Town of Towanda 123 Ill. App. 55, Affd. 221 Ill. 299.

390. Penalty for Injuring Telegraphs.

§ 5. Any person who shall unlawfully, intentionally and maliciously injure, molest or destroy any telegraph line, wire or cable, pole, pier or abutment, or the material or property belonging thereto, or any unauthorized person or persons who shall unlawfully, willfully and maliciously cut, break, tap, or make any connection with any telegraph line, wire, cable, or instrument, or unlawfully, willfully and maliciously copy in any unauthorized manner, any message, either social, business, sporting news or commercial reports passing over it, in this State; or who shall willfully and maliciously prevent, obstruct or delay, by any means or contrivance whatsoever, the sending, conveyance or delivery, in this State, of any authorized communication, by or through any telegraph line, wire, or cable, under the control of any telegraph company doing business in this State; or who shall willfully and maliciously aid, agree with, employ or conspire with any unauthorized person or persons to unlawfully do, or cause to be done, any of the Acts hereinabove mentioned, shall on conviction thereof, be deemed guilty of a misdemeanor and be punished by a fine of not less than $300 nor more than $500, or imprisonment in the county jail not exceeding one year, or both, at the discretion of the court having cognizance thereof. Prosecution under this Act shall be by indictment in any court having criminal jurisdiction. [As amended by Act approved June 16, 1891. In force July 1, 1891. L. 1981, p. 205.]

NOTE.-See Sullivan v. Chicago Bd. of Trade 111 Ill. App. 492. 391. Refusal to Receive or Transmit Dispatches.

§ 6. If any company or person owning or operating any telegraph line in this State shall refuse to receive any dispatch from any other company or person owning or operating any telegraph line in this State, or shall refuse or willfully neglect to transmit the same in good faith, and without partiality, the company or person so offending shall forfeit all rights and franchises acquired under the laws of this State, and shall forfeit all right

to transact telegraph business in this State, and may be enjoined therefrom by bill of complaint filed in any court of competent jurisdiction, and be liable to pay all damages which shall accrue, by reason of such refusal, to the company or person offering such dispatch for transmission. [L. 1849, p. 189, § 9.]

392. Message Sent in Order of Reception-Revealing Contents-Suppressing Message.

§ 7. It shall be the duty of all persons employed in transmitting messages by telegraph to transmit them in the order in which they are received; and any person who shall fail so to transmit a message, or who shall suppress a message, or who shall make known the contents of a message to any person other than the one to whom it is addressed, or his agent, or who shall wrongfully take from any dispatch to any newspaper any information and send it to any newspaper other than the one to which it is addressed, shall be deemed guilty of a misdemeanor, and be punished by a fine not exceeding one thousand dollars ($1,000). (As amended by Act of June 29, 1917.)

NOTE.-See Walton v. Western Union Tel. Co. 189 Ill. App. 606.

393. Disclosure of Contents of Message-Penalty.

§ 7a. Any telegraph company or any officer, agent or employee of a telegraph company which shall disclose or knowingly permit to be disclosed, or shall impart or knowingly permit to be imparted, the contents of any message entrusted to such company for transmission, to any person, firm or corporation other than the person, firm or corporation to which the said message is addressed, shall be deemed guilty of a misdemeanor and upon conviction thereof may be punished by a fine not exceeding one thousand doilars ($1,000). (Added by Act of June 29, 1917. Laws of 1917, p. 791.)

394. Transmitting Falsehoods.

§ 8. Whosoever shall transmit or cause to be transmitted by telegraph, from any place in this State to any other place in this State or elsewhere, any falsehood, knowing the same to be such, shall be fined in any sum not exceeding $500. [L. 1861, p. 211. § 1.]

395. Aiding Rebellion, Riot, Etc.

§ 9. Any person who, for the purpose of inciting or aiding rebellion, riot or insurrection in this State against the government or laws of this State or of the United States, or a hostile invasion of this State, shall transmit or cause to be transmitted by telegraph any communication whatever, shall be imprisoned in the penitentiary not exceeding ten years. [2d L. 1861, p. 21, § 2.]

396. Penalty. § 10.

Any telegraph operator or person employed in any telegraph office in this State, or any other person, who shall, knowing the design thereof, deliver or cause to be delivered any communication prohibited by the preceding section of this Act, to any person other than the proper officers, agents or employees of this State or the United States, shall be subject to indictment, and, on conviction, to the punishment provided in said section. [2d L. 1861, p. 21, § 3.]

XXXI. POWERS, DUTIES AND PROPERTY OF TELEPHONE COMPANIES.

AN ACT relating to the powers, duties and property of telephone companies. [Approved May 16, 1903. In force July 1, 1903. L. 1903, p. 350.] (Hurd's Revised Statutes, 1917, Ch. 134, Secs. 16-20.)

397. Act Applies to All Telephone Companies.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That each corporation heretofore or here