Page images
PDF
EPUB

§ 1. Previous to the commencement of any trial before a justice of the peace, or police magistrate, either party, or his agent or attorney, may make oath that it is the belief of such deponent that the plaintiff or defendant, as the case may be, cannot have an impartial trial before such justice, or police magistrate; whereupon it shall be the duty of the justice or police magistrate, immediately to transmit all the papers and documents belonging to the action to the nearest justice of the peace in the same county, who is not of kin to either party, sick, absent from town, or interested in the event of the action, as counsel or otherwise, who shall proceed as if the action had been instituted before him. The distance as contemplated in this section, shall mean to be by the nearest traveled route.

§ 3. Any justice of the peace or police magistrate who shall refuse a change of venue in any suit or proceeding instituted and then pending before him, upon the proper application being made as provided for in this Act, shall forfeit and pay to the person aggrieved, one hundred. dollars, to be recovered by action of debt in any court of competent jurisdiction.

APPROVED June 24th, 1915.

RESIGNATION OR DEATH OF JUSTICE.

§ 1. Amends section 146, Act of 1895.

§ 146. As amended, provides in the event of resignation or death of a justice of the peace, any other justice, may, with the consent of the county clerk, complete any business left unfinished on the docket.

(SENATE BILL No. 261. APPROVED JUNE 24, 1915.)

AN ACT to amend Section 146 of an Act entitled, “An Act to revise the law in relation to justices of the peace and constables," approved June 26, 1895, in force July 1, 1895.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 146 of an Act entitled "An Act to revise the law in relation to justices of the peace and constables," approved June 26, 1895, in force July 1, 1895, be and the same is hereby amended so as to read as follows:

§ 146. When any justice of the peace shall resign his office or remove from the town or precinct in which he is elected it shall be his duty to return his docket and all papers relating to the business transacted before him to the office of the county clerk with all copies of the statutes which he may have received from that officer or from any other justice of the peace and in case of the death of any justice of the peace, it shall be the duty of the person having possession of said docket, papers and statutes to deliver them as aforesaid. Upon the election and qualification of the successor of such justice of the peace, the docket, papers and statutes of such justice of the peace, shall be delivered to his successor in office by the county clerk and such successor in office shall proceed to the completion of unfinished business, as though the term of office of such justice of the peace who may die, resign or remove had expired. Provided, that after said docket has been delivered to the county clerk and until the appointment or election and qualification of the successor of such justice of the peace, any other justice of the

peace, with the consent and permission of such county clerk, may proceed to the completion of any business left unfinished upon such docket as if such proceedings has [had] been originally instituted before him.

[blocks in formation]

(SENATE BILL NO. 114. APPROVED JUNE 29, 1915.)

AN ACT to amend an Act entitled, "An Act to authorize cities, incorporated towns and townships to establish and maintain free public libraries and reading rooms," approved and in force March 7, 1872, as amended by subsequent Acts, by amending section one (1) and five (5) thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That "An Act to authorize cities, incorporated towns and townships to establish and maintain free public libraries and reading rooms," approved and in force March 7, 1872, as amended by subsequent Acts, be and the same is hereby amended by amending sections one (1) and five (5) thereof so that the said sections when amended shall read as follows:

§ 1. That the city council of each incorporated city, whether organized under general law or special charter shall have power to establish and maintain a public library and reading room for the use and benefit of the inhabitants of such city, and may levy a tax of not to exceed two mills on the dollar annually on all the taxable property in the city: Provided, that in cities of over one hundred thousand inhabitants after the year 1896, such tax shall not exceed one mill on the dollar annually, such tax to be levied and collected in like manner with the general taxes of said city, and to be known as a library fund; Provided, that said annual library tax in cities of over fifteen hundred inhabitants shall not be included in the aggregate amount of taxes as limited, by section one (1) of article [eight] (8) of "An Act for the incorporation of cities and villages," approved April 10, 1872, and the amendatory Acts thereto, or by any provision of any special charter under which any city in this State is now organized.

§ 5. Said directors shall, immediately after appointment, meet and organize by the election of one of their number president, and by the election of such other officer as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own guidance and for the government of the library and reading room as may be expedient, not inconsistent with this Act. They shall have the exclusive control of the expenditure of all moneys collected to the credit of the library fund, and of the construction of any library building, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose, and it shall be the

duty of the directors of such public library, annually and at least three weeks prior to the passage of the annual tax levy ordinance by any such city, incorporated town or township, to make written recommendation to the officers of such city, incorporated town or township as to the financial requirements of any such public library and the rate of tax which, in the judgment of said directors, it will be necessary to levy for library purposes: Provided, that all moneys received for such library shall be deposited in the treasury of said city to the credit of the library fund, and shall be kept separate and apart from other moneys of such city, and drawn upon by the proper officers of said library, upon the properly authenticated vouchers of the library board. Said board shall have power to purchase or lease grounds to occupy, lease, or erect an appropriate building or buildings for the use of said library, shall have power to appoint a suitable librarian and necessary assistants, and fix their compensation, and shall also have power to remove such appointees, and shall, in general, carry out the spirit and intent of this Act, in establishing and maintaining a public library and reading room. APPROVED June 29th, 1915.

LIMITATIONS.

MORTGAGES OR TRUST DEEDS.

§ 1. Amends Act of 1872 by adding section 11.

§ 11. When lien of mortgage or trust deed shall cease by limitation-extension agreement.

(HOUSE BILL No. 695. APPROVED JUNE 29, 1915.)

AN ACT to amend an Act entitled, "An Act in regard to limitations,” approved April 4, 1872, in force July 1, 1872, as amended by subsequent Acts and adding an additional section thereto to be known as section 112.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act in regard to limitations," approved April 4, 1872, in force July 1, 1872, as amended by subsequent Acts be and the same is hereby amended by adding thereto a new section to be known as section 111⁄2 to read as follows:

§ 112. That the lien of every mortgage or trust deed in the nature. of a mortgage of record at the time this Act takes effect where more than twenty (20) years have elapsed from and after the time the indebtedness secured thereby is due upon its face and according to its written terms as shown by said mortgage or trust deed in the nature of a mortgage, or according to an extension agreement on record at the time this Act takes effect, shall and hereby is declared to have ceased by limitation unless the owner and holder of the indebtedness secured thereby and the then owner of the real estate shall within five (5) years from and after the time this Act goes into effect file in the office of the recorder where said mortgage or trust deed in the nature of a mortgage is recorded, an extension agreement showing in said extension agreement the time for which the payment of said indebtedness is extended, the time when the said indebtedness will become due by the terms of said

extension agreement and the amount remaining unpaid on said indebtedness, then said mortgage or trust deed in the nature of a mortgage shall continue a lien upon the real estate described therein for a period of ten years (10) from and after the time said indebtedness will be due as shown by said extension agreement and no longer, unless some further extension agreement shall be filed of record. Such extension agreements shall be acknowledged and recorded in the same manner as mortgages and trust deeds in the nature of a mortgage are required by law to be acknowledged and recorded.

APPROVED June 29th, 1915.

[blocks in formation]

(HOUSE BILL No. 525. APPROVED June 25, 1915.)

AN ACT to prevent the evasion of laws prohibiting marriage.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That if any person residing and intending to continue to reside in this State and who is disabled or prohibited from contracting marriage under the laws of this State shall go into another state or country and there contract a marriage. prohibited and declared void by the laws of this State, such marriage shall be null and void for all purposes in this State with the same effect as though such prohibited marriage had been entered into in this State.

§ 2. No marriage shall be contracted in this State by a party residing and intending to continue to reside in another state or jurisdiction if such marriage would be void if contracted in such other state or jurisdiction and every marriage celebrated in this State in violation of this provision shall be null and void.

§ 3. Before issuing a license to marry a person who resides and intends to continue to reside in another state the officer having authority to issue the license shall satisfy himself by requiring affidavits or otherwise that such person is not prohibited from intermarrying by the laws of the jurisdiction where he or she resides.

§ 4. Any official issuing a license with knowledge that the parties are thus prohibited from intermarrying and any person authorized to celebrate marriage who shall knowingly celebrate such a marriage shall be guilty of misdemeanor.

§ 5. This Act may be cited as the uniform marriage evasion Act. § 6. This Act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it. § 7. All Acts or parts of Acts inconsistent with this Act are hereby repealed.

APPROVED June 25th, 1915.

4

[blocks in formation]

(SENATE BILL No. 314. APPROVED JUNE 25, 1915.)

AN ACT to amend an Act entitled, "An Act to regulate the practice of dental surgery and dentistry in the State of Illinois, and to repeal certain Acts therein named," approved June 11, 1909, in force July 1, 1909, by amending sections 3, 4, 9, 11, 12 and 13 thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act to regulate the practice of dental surgery and dentistry in the State of Illinois, and to repeal certain Acts therein named," approved June 11, 1909, in force July 1, 1909, be and the same is hereby amended by amending sections 3, 4, 9, 11, 12 and 13 thereof, so that said sections shall read when amended as inserted at length herein.

§ 3. No person, unless previously registered or licensed to practice dentistry in this State at the time this Act shall become operative, shall begin the practice of dentistry or dental surgery, or any branches thereof, without first applying for and obtaining a license for such purpose from the Illinois Board of Dental Examiners. Application shall be made to said board in writing, and shall, in every instance, be accompanied by the examination fee of twenty dollars ($20.00) together with satisfactory proof that the application [applicant] is of good moral character and twenty-one years of age or over at the time of making the application. An application from a candidate who desires to secure a license from said board to practice dentistry or dental surgery in this State shall be accompanied by satisfactory proof that the applicant so applying for a license has been engaged in the actual, legal and lawful practice of dentistry or dental surgery in some other State or territory for five consecutive years immediately prior to such application; or is a graduate of, and has a diploma from, the faculty of a reputable dental college, school or dental department of a reputable university. When such application and the accompanying proof are found satisfactory, the board shall notify the applicant to appear before it for examination at a time and place to be fixed by the board. Examinations shall be made in writing in all theoretic subjects, both theoretic and practical examinations shall be of a character to give a fair test, of the qualifications of the applicant to practice dentistry or dental surgery. The examination papers and all grading thereon, and the grading of the practical work shall be deemed public documents, and preserved for a period of not less than two years

« PreviousContinue »