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DEEDS OF TRUST.

In force Feb. AN ACT for the releasing of trust deeds in the nature of mortgages. 25, 1867.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That trust Executors and deeds, in the nature of mortgages, for the security of money administrators may be released and discharged by the executor or administrator of a deceased trustee.

2. That this act shall take effect and be in force from

and after its passage.

APPROVED February 25, 1867.

DISTRICT ROAD TAX.

In force Feb. 27, 1867.

AN ACT in relation to district road tax.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all Districts desig- counties acting under township organization the county books. clerk, in extending district road tax upon the tax books, shall designate to what district said tax belongs.

nated on tax

Collectors to make abstracts

§ 2. It shall be the duty of county and township collectand deliver to Ors to make out an abstract of the amount of district road commissioners. tax due to each district of the respective townships, and deliver the same to the treasurer of the commissioners of highways.

Pay over road tax.

§ 3. The commissioners of highways shall pay over the district road tax, according to the abstracts as furnished above, to the various overseers of roads in their respective towns, to be applied on the roads of said district.

This act shall be deemed a public act and take effect and be in force from and after its passage.

APPROVED February 27, 1867.

DOMESTIC ANIMALS.

AN ACT to prevent sheep and swine from running at large in Lake county. In force March 1, 1867.

to be applied.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That from Penalty-how and after the first day of March next, it shall not be lawful for any person or persons, possessor or possessors, of any sheep and swine, to allow them to run at large within the county of Lake; and if any person or persons residing within said county, being the owner or owners, possessor or possessors of any sheep, hog or hogs, shoat or shoats, pig or pigs, shall permit them to run at large within said county, such person or persons shall forfeit and pay the sum of five dollars per head to the justice before whom complaint is made and suit instituted, to be collected as in action for debt, before any justice of the peace of said county, together with costs of suit; and in every such action the complainant shall be plaintiff, and shall, if he gain the suit, be entitled to receive two-fifths of the penalty assessed, with his costs in said suit taxed, while the other three-fifths of said penalty shall be paid by the justice to the treasurer of the Lake County Soldiers' Monument Association, to go into the fund of said association, as long as that association shall exist; and when the object of that association shall have been accomplished, or it shall cease to exist, said threefifths penalty shall be paid by said justice into the common school fund of the county of Lake.

§ 2. In case the complainant does not recover in the Costs. action, he shall have judgment assessed against him for costs of suit.

3. This act shall be a public act, and shall be in force 1st March, 1867. from and after the first (1st) day of March, 1867, and all laws in conflict with this act are hereby repealed.

APPROVED February 28, 1867.

AN ACT to prevent domestic animals from running at large in the counties of Monroe, St. Clair, and other counties.

up.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That from and Animals taken after the first day of March, A. D. 1868, and for all time thereafter, it shall not be lawful for the owners of any domestic animals of the species of horse, cattle, mule, ass,

Notice.

Application.

Estray.

sheep, hog and goat, to suffer the same to run at large in the county of Monroe; and all such animals which may he found running at large in said county after said first day of March, A. D. 1868, may be taken up by any householder of said county, who shall keep them safely in his stable, lot, or inclosure, and shall provide them with a sufficiency of suitable food and water, until taken away from him or her, according to the provisions of this act.

$ 2. It shall be the duty of the taker up of any such animal, within two days after taking up the same, to notify the owner thereof, or the person from whose possession or custody it has escaped, if resident of said county and known to the taker up, either verbally or by written notice left at the usual place of abode of such owner or person who had such animal in custody, or if not known to the taker up, or if non-resident of the county, the nearest justice of the peace in the county, of the species and number of the animals taken up, together with a description of the same; and the said justice of the peace shall forthwith prepare three notices, describing said animals, and the time and place when and where taken up, and shall cause the same to be posted up in three of the most public places in the precinct.

§ 3. 3. On the application of the owner of such animal or the person entitled to the possession or custody of the same, within ten days after being notified, as aforesaid, the same shall be delivered up to him, upon paying for the same, as follows: For taking up any horse, mule, ass or head of cattle, fifty cents, and for feeding the same, the value of one-half bushel of corn per day; for taking up any hog, sheep or goat, twenty-five cents per head, and for feeding the same, the value of one-fourth bushel of corn per day; to the justice of the peace, for preparing and posting up three written notices, fifty cents, the payment of which said several sums of money, and the receipt thereof by the taker up shall not be a bar or waiver of any action for damages done by the animals taken up, but shall only entitle the owner of such animal, or the person entitled to the possession or custody thereof, to repossess the same.

§ 4. If the owner of any such animal taken up, or the person entitled to the possession thereof, shall not appear within ten days, as aforesaid, prove property, pay charges, and take the animal away, then such animal shall be considered an estray lawfully taken up under the laws of this state, known as the "estray laws," (chapter thirty-nine of revised statutes, and the laws amendatory thereto,) and shall be dealt with accordingly; and the proceedings required by said laws, and the notices required by them shall be had and given according to such laws; and the taker up shall acquire and be entitled to all the rights and privileges and be subject to all the penalties provided by said law.

§ 5. If the owner shall appear, claim and take away his Charges. animal, after the expiration of ten days, as aforesaid, he shall pay to the taker up, in addition to the charges established by this act, all the costs and charges incurred under and established by said estray laws.

$ 6. If the taker up of any animal, under the provisions Damages. of this act, shall fail to comply with any of the duties enjoined on him, he shall forfeit all claim to compensation for taking up and feeding the same, and shall be liable to the owner for all damages by him sustained on account of said failure or negligence.

$7.

7. In all controversies arising under this act, justices Jury. of the peace shall have jurisdiction in all cases in which the amount in controversy does not exceed one hundred dollars; and either party shall be entitled to a trial by jury. § 8. This act not to be in force till the same shall have Majority. been ratified by a majority of the legal voters of said county: Provided, that this law shall, from and after the said first day of March, 1868, be in full force and effect in any of the election precincts of said county where a majority of the legal votes shall be given for "keeping up stock."

§ 9. The clerk of the county court of said county shall County clerk. give notice of the submission of this act to the voters of said county with his usual election notice, and provide in his blank poll book for a vote to be given for and against this act at the next regular November election, which shall be given in the following form, to-wit: "For keeping up stock," "Against keeping up stock;" and if a majority of all the votes cast in said county, at said election, are for "keeping up stock," then this act shall be and continue in full force.

effect.

§ 10. In case a majority of the votes cast are "against When act takes keeping up stock," the county court of said county shall have power, at any regular term thereafter, to submit the same question to the voters of said county at any subsequent regular November election, in manner aforesaid; and, if a majority vote for the same, then this act shall take effect and be in force from and after the first day of March following said election in the whole county, and in any precinct in the county where, at any submission of the question, a majority of the votes cast shall be "For keeping up stock."

§ 11. The provisions of this act shall apply to the coun- Counties. ties of St. Clair, Whiteside, Bureau, Ogle, Will, Lee, Madison, Bond, Champaign, Rock Island, Livingston, De Kalb, LaSalle, Henry, Putnam, Peoria, Macon, Woodford, Lake, DuPage, Kane, McHenry, Marshall, Kendall, Grundy, Stark, Monroe, and no others.

APPROVED March 7, 1867.

DISTRIBUTION OF LAWS, ETC.

In force March AN ACT to facilitate the distribution of the laws, journals and reports of 1, 1867.

Secretary of state to distribute.

uted.

this state.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, hereafter, the secretary of state shall distribute, as fast as they shall be completed, all the laws and journals of each session of the general assembly, in the following manner: To each county, its proportion, according to population, taking the last census returns, reserving from the total number published one thousand copies of each volume of the public laws and journals and five hundred copies of the private acts. Five hundred of each for the use of future assemblies of this state, and the rest for distribution to the library of congress, and to the several states of the union, and to the various colleges and other educational and historical and literary institutions in this state; four copies of each to the library of congress; two copies of each to each state in the union, and one copy of each to each educational, each historical, and each literary institution in this state. He shall, also, reserve five hundred copies of each governor's message, and each report of each state officer, and each state institution, and shall distribute them to the libraries, states and institutions, above described: Provided, that he shall not be compelled to transmit any book to any college or institution, not known to him, until he shall have received evidence of its bona fide existence. And the secretary of state shall, also, transmit, by mail or otherwise, to the clerk of each division of the supreme court of this state, three copies of each volume of the public laws, to be kept for the use of such division of said court by the said clerk, who shall be entitled to receive the amount paid by him for the transmission. And the reports and digests of the decisions of the supreme court of this state shall be transmitted in like manner, and the charges therefor be collected and paid in the same way.

When distrib- § 2. The distribution of the laws and journals shall be made at the earliest moment practicable after their completion n; and the reports and messages then ready shall be distributed with them; and they shall all be transmitted by the most ready, convenient and quick conveyance which may offer itself; and the secretary of state shall superintend the same, and take a receipt for each package so transmitted.

County clerk.

§ 3. It shall be the duty of each county clerk to receive and receipt for any package of books transmitted in com

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