Page images
PDF
EPUB

said certificate or under the last recorded certificate of redemption as in this Act provided.

29. Upon making any sale of real estate the purchaser shall be entitled to a deed therefor at any time within five years from the date of such sale. The deed shall be executed by the sheriff, master in chancery or other officer who made such sale, or by his successor in office, or by some person especially appointed by the court for the purpose.

30. When such deed is not taken within the time limited by this Act the sale shall be null and void; but if such deed is wrongfully withheld by the officer whose duty it is to execute the same, or if the execution of such deed is restrained by injunction or order of a court or judge, the time during which the deed is so withheld or the execution thereof restrained shall not be taken as any part of the five years within which said purchaser shall take a deed.

§ 2. This Act and the amendments effected hereby, shall not apply to sales of real estate made pursuant to decrees foreclosing mortgages or trust deeds executed prior to July 1, 1917, or foreclosing mechanic's liens or vendor's liens arising out of contracts existing prior to July 1, 1917, or made pursuant to a judgment or decree for breach of a contract existing prior to July 1, 1917, or any judgment or decree entered prior to July 1, 1917; but such sales shall be governed by the existing provisions of the Act entitled, "An Act in regard to judgments and decrees and the manner of enforcing the same by execution and to provide for the redemption of real estate sold under execution or decree," approved March 22, 1872, in force July 1, 1872, and Acts amendatory thereof. APPROVED June 11, 1917.

JUSTICES AND CONSTABLES.

JURISDICTION.

§ 1. Amends section 1, Article II.

§ 1. Jurisdiction-cases enumer

ated.

(HOUSE BILL No. 636. APPROVED JUNE 26, 1917.)

AN ACT to amend 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, as subsequently amended by amending section 1, article II of said Act.

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 revise the law in relation to justices of the peace and constables," approved June 26, 1895, in force July 1, 1895, as subsequently amended be and the same is hereby amended by amending section 1 of article II of the said Act to read as follows:

§ 1. Justices of the peace shall have jurisdiction in their respective counties in the following cases, when the amount claimed does not exceed three hundred dollars.

First-In actions arising on contracts, whether under seal or not, express or implied, for the recovery of money only. When the action is

upon a bond, the amount to be recovered thereon, and not the penalty of the bond shall determine the jurisdiction; and when the payments are to be made by installments, an action may be brought for any installment as it shall become due.

Second-In actions for damages for injury to real property, or for taking, detaining or injuring personal property.

Third-In actions for rent and distress for rent.

Fourth-In actions against railroad companies and any person controlling, operating or using any railroad, for killing or injuring horses, cattle, sheep, hogs or other stock; for loss of or injury to baggage or freight; and for injury or damage to real or personal property, caused by setting fire to the same by their engines, or otherwise.

Fifth-In actions of replevin, when the value of the property claimed does not exceed three hundred dollars.

Sixth-In actions for damages for fraud in the sale, purchase or exchange of personal property, and in all cases where the action of debt. or assumpsit will lie, if the damages claimed do not exceed three hundred dollars. This section shall apply to claims originally exceeding three hundred dollars, if the same shall at the time of rendition of the judgment, be reduced by credits or deductions to an amount not exceeding three hundred dollars.

Seventh-In all actions arising under the laws for the incorporation of cities, towns and villages, or any ordinance passed in pursuance thereof, where the amount claimed does not exceed three hundred dollars.

Eighth-In actions arising under the law in relation to dram-shops, where the damage claimed does not exceed three hundred dollars.

Ninth-In all actions for the recovery of statutory fines or penalties in which the amount claimed does not exceed three hundred dollars.

Tenth-In all actions by and against towns, cities, villages, or other municipal corporations, which, if brought by an individual, might be brought before a justice of the peace.

Eleventh-To assess damages for sheep killed by dogs.

Twelfth-In proceedings against vagrants or vagabonds.

Thirteenth-În actions arising under the laws for the preservation

of fish and game.

Fourteenth-In actions of forcible entry and detainer.

Fifteenth-In all criminal actions in which the punishment is by fine only, and does not exceed three hundred dollars; and such other jurisdiction as has been, or shall be, conferred by law.

Sixteenth-In garnishment by attachment or summons the amount of the claim of garnishor, and not the amount of the answer of the garnishee, shall determine the jurisdiction.

APPROVED June 25, 1917.

LIBRARIES.

IN PUBLIC PARKS-ERECTION OF LIBRARY BUILDING.

§ 1. Amends Act of 1903, by adding sec

tion 3a.

§ 3a. Corporate authorities in control of park district may permit erection of library building use of building for public purposes-referendum.

(SENATE BILL No. 3. APPROVED MAY 18, 1917.)

AN ACT to amend an Act entitled, "An Act concerning free public libraries in public parks," approved May 14, 1903, in force July 1, 1903, by adding thereto a new section to be known as section three-a (3a).

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, “An Act concerning free public libraries in public parks," approved May 14, 1903, in force July 1, 1903, be amended by adding thereto a new section to be known as section three-a (3a), which said added section shall read as follows:

§ 3a. The corporate authorities of any park district whose limits. are co-extensive with the limits of any city, village, or incorporated town lying wholly within any congressional township, in which there is or shall be established and maintained, a free public library under the terms and provisions of 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, and all Acts amendatory thereof, the corporate authorities of any such city, village, or incorporated town having the control or supervision of any public park or parks, are hereby authorized to permit the board of library directors having control of such library, to erect and maintain. in any public park of such park district, city, village, or incorporated town, a library building which shall be under the exclusive control and supervision of said board of library directors, so long as such building shall be used as a free public library; and to contract with such board of library directors relative to the erection and maintenance and administration thereof: Provided, that any portion of such building less than the whole which shall not from time to time be needed for library purposes, may be rented for public purposes only by said board of library directors to or with the consent of, such park district, city, village, or incorporated town.

Provided, however, that before this Act shall become effective as to any such park district, city, village, incorporated town or township, it must first be submitted to a vote of the people thereof at a regular election of officers thereof, or at a special election called for such purpose by the corporate authorities of such park district, city, village, incorporated town or township, as the case may be. In case of such special election, at least twenty days' notice of the purpose thereof and of the time and place of holding the same shall be given by publication at least once in a newspaper of general circulation published in such park district, city, village, incorporated town or township; or, if none there is published,

then in a newspaper of general circulation published in the county or counties in which such park district, city, village, incorporated town or township is located. The votes cast upon the question shall be counted, canvassed and returned as in the case of the election of officers of such park district, city, village, incorporated town or township, as the case may be, and if a majority of the votes cast upon such question shall be in the affirmative, then this Act shall be at once applicable and in force as to such park district, city, village, incorporated town or township. APPROVED May 18, 1917.

LIBRARIES IN PUBLIC PARKS.

§ 1. Amends Act of 1903, by adding section 3b.

§ 3b. Established-co-extension territory-referendum.

(HOUSE BILL No. 163.

FILED JUNE 28, 1917.)

AN ACT to amend an Act entitled, "An Act concerning free public libraries in public parks," approved May 14, 1903, in force July 1, 1903, by adding thereto a new section to be known as section three-b (3b).

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act concerning free public libraries in public parks," approved May 14, 1903, in force July 1, 1903, be amended by adding thereto a new section. to be known as section three-b (3b), which said added section shall read as follows:

3b. The corporate authorities of any park district whose limits are co-extensive with the limits of any city, village or incoroprated town lying wholly within any congressional township, in which there is or shall be established and maintained, a free public library under the terms and provisions of 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, and all Acts amendatory thereof, are hereby authorized to permit the board of library directors having control of such library, to erect and maintain. in any public park of such park district, a library building which shall be under the exclusive control and supervision of said board of library directors, so long as such building shall be used as a free public library; and to contract with such board of library directors relative to the erection, maintenance and administration thereof: Provided, that any portion of such building less than the whole which shall not from time to time be needed for library purposes, may be rented for public purposes only by said board of library directors to or with the consent of such park district.

Provided, however, that before this Act shall become effective as to any such park district, it must first be submitted to a vote of the people thereof at a regular election of officers thereof or at a special election. called for such purpose by the corporate authorities of such park district. In case of such special election at least twenty days' notice of the purpose thereof and of the time and place of holding the same shall be given by publication at least once in a newspaper of general circulation.

published in such park district, or, if none there is published, then in a newspaper of general circulation published in the county or counties in which such park district is located. The votes cast upon the question shall be counted, canvassed and returned as in the case of the election of officers of such park district, and if a majority of the votes cast upon such question shall be in the affirmative, then this Act shall be at once applicable and in force as to such park district.

FILED June 28, 1917.

This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being in session, it has thereby become a law. Witness my hand this twenty-eighth day of June, A. D. 1917. LOUIS L. EMMERSON, Secretary of State.

LIENS.

MECHANICS' LIENS REMEDIAL ACT.

§ 1. Amends section 23, Act of 1903.

§ 23. Liens against public funds - liability and duty of official.

(HOUSE BILL NO. 548. FILED JUNE 28, 1917.)

AN ACT to amend an Act entitled, “An Act to revise the law in relation to mechanics' liens. To whom, what for, and when lien is given; who is a contractor; area covered by and extent of lien; when the lien attaches," approved May 18, 1903, in force July 1, 1903, as amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 23 of an Act entitled, "An Act to revise the law in relation to mechanics' liens. To whom, what for, and when lien is given; who is a contractor; area covered by and extent of lien; when the lien attaches," approved May 18, 1903, in force July 1, 1903, as amended, be and the same is hereby amended to read as follows:

§ 23. Any person who shall furnish material, apparatus, fixtures, machinery, ór labor to any contractor having a contract for a public improvement in this State, shall have a lien on the money, bonds or warrants due or to become due such contractor under such contract: Provided, such person shall, before payment or delivery thereof is made to such contractor, notify the official or officials of the State, county, township, school district, city or municipality whose duty it is to pay such contractor of his claim by a written notice; and provided, further, that such lien shall attach only to that portion of such money, bonds or warrants against which no voucher or other evidence of indebtedness has been issued and delivered to the contractor by or on behalf of the State, county, township, school district, city or municipality as the case may be at the time of such notice. It shall be the duty of any such official so notified to withhold a sufficient amount to pay such claim until the same is admitted by the contractor, or adjusted by the agreement of the parties, or there has been an adjudication of same in a court of competent jurisdiction, and thereupon to pay the amount so determined to be due such claimant, if any, and to that end the said State, county, township, school district, city or municipality or any of the other parties interested

« PreviousContinue »