Commissions of the general assembly. test. of the same; and the presiding officer shall immediately give notice to his house that such papers are in his pos session. § 111. Nothing herein contained shall be construed to abridge the right of either branch of the general assembly to grant commissions to take depositions, or to send for and examine any witnesses it may desire to hear on such trial. Who may con- § 112. The election of any person declared elected to any office other than governor, lieutenant-governor, secretary of state, auditor of public accounts, treasurer, superintendent of public instruction, attorney-general, senator or representative, may be contested by any elector of the state, judicial division, district, county, town or precinct in and for which the person is declared elected. test. Statement of § 113. The person desiring to contest such election points of con- shall, within thirty days after the person whose election is contested is declared elected, file with the clerk of the proper court a statement, in writing, setting forth the points on which he will contest the election, which statement shall be verified by affidavit in the same manner as bills in chancery may be verified. Summons. Evidence. Trial. Contest of election on other questions. contest. 114. Upon the filing of such statement, summons shall issue against the person whose office is contested, and he may be served with process, or notified to appear, in the same manner as is provided in cases in chancery. 8115. Evidence may be taken in the same manner, and upon like notice, as in cases in chancery. § 116. The case shall be tried in like manner as cases in chancery. § 117. Any five electors of the county may contest an election upon any subject which may by law be submitted to a vote of the people of the county, upon filing in the circuit court, within thirty days after the result of the election shall have been determined, a written statement in like form as in other cases of contested elections in the circuit court. The county shall be made defendant, and process shall be served as in suits against the county; and like proceedings shall be had as in other cases of contested elections before such court. Defendants in § 118. In case the county board shall fail or refuse properly to defend such contest, the court shall allow any one or more electors of the county to appear and defend, in which case the electors so defending shall be liable for the costs in case the judgment of the court shall be in favor of the contestant. the court. Judgment of § 119. The judgment of the court, in cases of contested election, shall confirm or annul the election according to the right of the matter; or, in case the contest is in relation to the election of some person to an office, shall declare as elected the person who shall appear to be duly elected. Election to be $ 120. If it appears that two or more persons have, or would have had if the legal ballots cast or intended to be decided by lot. cast for them had been counted, the highest and an equal number of votes for the same office, the persons receiving such votes shall decide by lot, in such manner as the court shall direct, which of them shall be declared duly elected; and the judgment shall be entered accordingly. § 121. A certified copy of the judgment of the courts shall have the same effect as to the result of the election as if it had been so declared by the canvassers. Certified copy of ju.gment. qualification. § 122. When the person whose election is contested is In case of disfound to have received the highest number of legal votes, but the election is declared null by reason of legal disqualification on his part, or for other causes, the person receiving the next highest number of votes shall not be declared elected, but the election shall be declared void. 123. In all cases of contested elections in the circuit Appeals. courts or county courts, appeals may be taken to the supreme court in the same manner, and upon like conditions as is provided by law for taking appeals in cases in chancery from the circuit courts. RESIGNATIONS AND VACANCIES. § 124. Resignations of elective offices shall be made to Resignations. the officer, court or county board authorized by law to fill a vacancy in such office by appointment, or to order an election to fill such vacancy. $ 125. Every elective office shall become vacant on the Vacancies. happening of either of the following events, before the expiration of the term of such office: First-The death of the incumbent. Second-His resignation. Third-His becoming insane. Fourth-His ceasing to be an inhabitant of the state; or, if the office is local, his ceasing to be an inhabitant of the district, county, town or precinct for which he was elected. Fifth-His conviction of an infamous crime, or of any offense involving a violation of official oath. Sixth-His removal from office. Seventh-His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit or file such oath or bond within the time prescribed by law. Eighth-The decision of a competent tribunal declaring his election void. be filled. § 126. Whenever it is alleged that a vacancy in any Vacancies to office exists, the officer, court, or county board whose duty it is to fill the vacancy by appointment, or to order an election to fill such vacancy, shall have power to determine whether or not the facts occasioning such vacancy exist. In office of governor and lieu § 127. In case of vacancies in the offices of governor tenant-governor and lieutenant-governor, the officer performing the duties of the office of governor, or if there is no such officer, the secretary of state shall issue a proclamation appointing a day for a special election to fill such vacancies; and shall issue a writ of election to the county clerks of the several counties in the state, and shall also, when necessary, call a special session of the general assembly to canvass the votes cast at such election; but if such vacancy shall occur not more than ninety days before a general election for members of the legislature, the vacancies shall be filled at such general election, in which case no special session of the general assembly to canvass the votes shall be deemed necessary. Secretary state and other state officers. Vacancy in of and representa tives. $128. When a vacancy shall occur in the office of secretary of state, auditor of public accounts, treasurer, attorDey-general, superintendent of public instruction, or member of the state board of equalization, the governor shall fill the same by appointment, and the appointee shall hold his office during the remainder of the term, and until his successor is elected and qualified. § 129. When a vacancy shall occur in the office of senfice of senators ator or representative in the general assembly, it shall be the duty of the county clerk of the county in which the member whose office is vacant resided, to notify the governor of such vacancy. Whereupon the governor shall issue a writ of election to the county clerk or clerks of the county or counties in which the vacancy is to be filled, fixing a day upon which an election shall be held to fill such vacancy; but unless the general assembly shall be in session at the time the vacancy occurs, or there shall be a session between the time at which the vacancy occurs and the next succeeding general election, no special election shall be ordered to fill such vacancy. Representative in congress. Judges of courts Clerks of courts. $130. When any vacancy shall occur in the office of representative in congress from this state, the governor shall issue a writ of election to the county clerks of the several counties in the district where the vacancy exists, appointing a day to hold a special election to fill such vacancy. § 131. When a vacancy shall occur in the office of judge of the supreme court, judge of the circuit court, judge of the superior court of Cook county, or judge of the county court, the clerk of the court in which the vacancy exists shall notify the governor of such vacancy. If such vacancy shall occur within one year before the expiration of the term of the office made vacant, the governor shall fill such vacancy by appointment; but if the unexpired term exceeds one year, the governor shall issue a writ of election, as in other cases of vacancies, to be filled by election. § 132. When a vacancy shall occur in the office of clerk of the supreme court, clerk of the circuit court, clerk of the superior court of Cook county, or clerk of the county court, within one year before the expiration of the term of an office made vacant, the vacancy shall be filled by appointment by the court, or the judge or judges of the court to which the office appertains; but if the unexpired term exceeds one year, the governor shall issue a writ of election, as in other cases of vacancies, to be filled by election. $133. When a vacancy shall occur in the office of County officers. county commissioner, state's attorney, sheriff, coroner, county clerk, reccrder of deeds, county treasurer, county surveyor, justice of the peace, constable, or other county or precinct officer not otherwise provided for by law, within one year before the expiration of the term of such vacant office, the vacancy shall be filled by appointment, by the county board of the county in which the vacancy exists; but if such unexpired term exceeds one year, the county clerk, or in case of a vacancy in his office, the chairman of the county board shall issue an order appointing a day for an election to fill such vacancy, and cause notice thereof to be given as in other cases of election. TO WHAT ELECTIONS THIS ACT MAY APPLY. $134. The provisions of this act shall apply, as far as practicable, to all elections in the state, whether general, special, local or municipal, except so far as they are modified or contravened by other legal enactments. REPEAL. § 135. The following acts are hereby repealed: Chapter Acts repealed. thirty-seven, of the Revised Statutes of 1845, entitled "Elections ;" an act entitled "An act to amend the seventh section of the thirty-seventh chapter of the revised laws of 1845, in relation to elections," approved February 23, 1847; an act entitled "An act to provide for the mode of voting by ballot, and for the manner of returning, canvassing and certifying votes," approved February 12, 1849; an act entitled "An act to provide for the filling of vacancies in certain county offices," approved November 6, 1849; an act entitled "An act to prevent illegal voting at elections," approved February 21, 1861; an act entitled "An act to provide for ascertaining the qualification of voters, and to prevent fraudulent voting," approved February 22, 1861, and all other acts inconsistent with the provisions of this act: Provided, that this section shall not be construed so as to affect any rights or causes of action that may have accrued before this act shall take effect. APPROVED April 3, 1872. EMINENT DOMAIN. In force July 1, 1872. to be made. AN ACT to provide for the exercise of the right of eminent domain. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That private Compensation property shall not be taken or damaged for public use without just compensation, and that in all cases in which compensation is not made by the state in its corporate capacity, such compensation shall be ascertained by a jury, as hereinafter prescribed. § 2. That in all cases where the right to take private property for public use, without the owner's consent, or the right to construct or maintain any public road, railroad, plank road, turnpike road, canal, or other public work or improvement, or which may damage property not actually taken, has been heretofore, or shall hereafter be conferred by general law or special charter upon any corporate or municipal authority. public body, officer or agent, person, commissioner or corporation, and the compensation to be paid for or in respect of the property sought to be appropriated or damaged for the purposes above mentioned, cannot be agreed upon by the parties interested, or in case the owner of the property is incapable of consenting, or his name or residence is unknown, or he is a non-resident of the state, it shall be lawful for the party authorized to take or damage the property so required, or to construct, operate and maintain any public road, railroad, plank road, turnpike road, canal or other public work or improvement, to apply to the judge of the circuit or county court, either in vaca tion or term time, where the said property or any part thereof is situate, by filing with the clerk a petition, setting forth, by reference, his or their authority in the premises, the purpose for which said property is sought to be taken or damaged, a description of the property, the names of all persons interested therein as owners or otherwise, as appearing of record, if known, or if not known, stating that fact, and praying such judge to cause the compensation to be paid to the owner to be assessed. If the proceedings seek to affect the property of persons under guardianship, the guardians or conservators of persons having conservators, shall be made parties defendant, and if of married women, their husbands shall also be made parties. Persons interested, whose names are unknown, may be made parties defendant by the description of the unknown owners, but in all such cases an affidavit shall be filed by or on behalf of the peti tioner, setting forth that the names of such persons are unknown. In cases where the property is sought to be taken |