sion of the commission to a court of competent jurisdiction but the order or decision of the commission shall prevail pending such appeal and the decision of the court unless enjoined or set aside by the court.

§ 6. Each and every express company or carrier by express as herein defined, shall at all convenient times during business hours accept and receive for prompt shipment to points on its own line, or to points on the lines of other express companies or carriers by express operating within the State of Illinois, all property, parcels, money, merchandise, packages and other commodities and things which may be offered to it or them or either of them for transportation by express by the public: Provided, that the payment of charges may be demanded and received in advance of such forwarding or transportation, not in excess of the rates of charges shown in the tariffs or schedules and classification provided for in this Act: Provided, however, that no article which such express company or carrier by express does not hold himself or itself out to carry or which may be declared under such schedules, tariffs, rules or regulation or classification as being of excessive bulk or weight, or a menace to the health or the safety of the public, or otherwise prohibited by law, shall be required to be accepted by any such express companies or carriers by express.

§ 7. Upon demand of a shipper each receiving or forwarding express company or carrier by express shall be required to furnish a receipt or other evidence in writing, in such form as may be prescribed by or approved of by said commission, stating the quantity, character, weight, order and condition of goods or articles tendered for shipment, and said express companies or carriers by express shall in like manner execute and furnish upon demand a receipt for the charges paid on any shipment, which shall cover substantially the following items: Date; date of shipment; name of consignor; name of connecting line or express company or carrier by express; name or description of each article or package covered by or in such receipt; the graduate scale or rate employed in making the rate or charge on such article or package, separately: The amount of charges on each article or package: The amount of advanced charges (if any): The sum total of charges to be paid by the consignee. And any such express company and carrier by express is hereby prohibited from including in any such receipt for shipments to be made any restriction or evasion of the common law liability of such carrier.

§ 8. The said commission shall have authority to call upon such express companies or carriers by express for reports, and to investigate their books in the same manner as may be provided by law for the regulation of railroad companies, which reports shall be furnished to such commission on demand. All laws, rules and regulations made and prescribed for the government of railroads, in so far as they are or may be applicable, shall be of equal force against all such express companies or carriers by express.

9. The Railroad and Warehouse Commission may upon complaint or its own initiative, after notice to the express companies or carriers by express affected, fix and determine the territory in any city or village in

this State having a population of 2,500 or more inhabitants according to the last preceding United States census within which territory such express companies and carriers by express shall thereafter deliver all merchandise, property, parcels, packages, money and other commodities and things transported by them to all consignees within such territory at the place of address as directed on the package, parcel, commodity or thing transported and thereafter all such express companies and carriers by express shall deliver all merchandise, property, parcels, packages, money and other commodities and things transported by them, and each of them, to all consignees within such territory, at the place of address as directed on the package, parcel, commodity or thing transported. Any such express company or carrier by express, or any officer, representative, servant, agent, lessee, trustee or receiver of such express company or carrier by express, who knowingly violates any of the provisions of this section shall be fined in any sum not more than one hundred dollars, to be recovered in an action of debt in the name of the People of the State of Illinois.

§ 10. Any express company or carrier by express as defined in section one of this Act, or any officer, representative, servant, agent, lesee, trustee or receiver of such express company or carrier by express, who shall willfully do, cause to be done or permit to be done, any act, matter or thing in this Act prohibited or declared to be unlawful or shall willfully neglect or omit to do any act, matter or thing required by this Act to be done by him or it, the punishment for which is not hereinabove. expressly provided for, shall be guilty of a misdemeanor and upon conviction for the first offense be fined in any sum not less than one hundred dollars nor more than five hundred dollars and for any subsequent offense be fined not less than five hundred dollars and not more than one thousand dollars, and be confined in the county jail not more than ninety days. Every distinct violation shall be a separate offense and in case of a continuing violation, the violation for each day shall be deemed at separate offense.

§ 11. In all suits, civil or criminal, arising under the provisions of this Act where any document, file, record, memorandum, book, schedule, tariff, or paper in the custody of the commission may be material or competent as evidence, then such document, file, record, memorandum, book, schedule, tariff, or paper may be proved by a copy thereof duly certified under the hand of the secretary of the commission with the seal of the commission affixed thereto.

§ 12. All Acts and parts of Acts in conflict with this Act are hereby repealed.

APPROVED June 9, 1911.

INCORPORATION-RENEWAL AND EXTENSION.

§ 1. Amends section 5, Act of 1891.

§ 5. Limit of charter-renewal-certificate of ceedings-proviso.

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(SENATE BILL No. 461. APPROVED JUNE 7, 1911.)

AN ACT to amend section 5 of "An Act to provide for the incorporation of associations that may be organized for the purpose of constructing railways, maintaining and operating the same; for prescribing and defining the duties and limiting the powers of such corporations when so organized; and authorizing the same and all railroad companies of this State to own and hold the stock and securities of railroad companies of other states owning connecting lines, as amended by Act approved June 2, 1891, in force July 1, 1891," by providing for the extension of the term thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 5 of "An Act to provide for the incorporation of associations that may be organized for the purpose of constructing railways, maintaining and operating the same; for prescribing and defining the duties and limiting the powers of such corporations when so organized; and authorizing the same and all railroad. companies of this State to own and hold the stock and securities of railroad companies of other states owning connecting lines," as amended by Act approved June 2, 1891, in force July 1, 1891, be and the same is hereby amended to read as follows:

§ 5. No such corporation shall be formed to continue more than fifty years in the first instance, but any railroad company formed under any law of the State may be renewed from time to time, for periods not longer than fifty years: Provided, that three-fourths of the votes cast at any regular election for that purpose shall be in favor of such renewal, and those desiring a renewal shall agree to purchase the stock of those opposed thereto at its current value.

Whenever any such election is held by any railroad company, a certificate, showing the proceedings of the meeting and verified by the president or a vice president of the corporation and the secretary thereof, with the seal of the corporation, shall be filed with the Secretary of State within thirty days after the meeting, and upon the filing of such certificate the duration of such corporation shall thereby be extended, in accordance with the vote of the stockholders, for an additional period not longer than fifty years: Provided, in case where such renewal is of any railroad company previously incorporated under a special Act of the Legislature, then such renewal and extension of such company shall be under and subject to all the provisions of the general laws of this State relating to railroads, and such company shall have such powers only as provided for in this Act.

APPROVED June 7, 1911.

AN ACT to amend sections 2, 4, 5, 6, 7, 8, 10, 11, 112, 13, 16, 17, 18 and 19 of an Act entitled, "An Act to establish a Board of Railroad and Warehouse Commissioners, and prescribe their powers and duties," approved April 13, 1871, in force July 1, 1871, and also by adding to said Act new sections numbered 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 2, 4, 5, 6, 7, 8, 10, 11, 1112, 13, 16, 17, 18 and 19 of an Act entitled, "An Act to establish a Board of Railroad and Warehouse Commissioners and prescribe their powers and duties," approved April 13, 1871, in force July 1, 1871, be amended to read as follows, and also by adding to said Act new sections numbered 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30. 31, 32, 33, 34, 35 and 36.

§ 2. No person shall be appointed as such commissioner who is at the time of his appointment in any way connected with any railroad company, other common carrier or warehouse or who is directly or indirectly interested in any stock, bond or other property of, or is in the employment of any railroad company, other common carrier or warehouseman; and no person appointed as such commissioner shall, during the term of his office, become interested in any stock, bond or other property of any railroad company, other common carrier or warehouse, or in any manner be employed by or connected with any railroad company, other common carrier or warehouseman. The Governor shall have power to remove such commissioner at any time in his discretion.

4. The chairman of said commission shall receive for his services the sum of six thousand dollars ($6,000) per annum, and each of the other commissioners shall receive for his services the sum of four thousand dollars ($4,000) per annum payable monthly. They shall be furnished with an office, office furniture and stationery at the expense of the State, and shall have power to appoint a secretary to perform such duties as they shall assign him. Said secretary shall receive for his services the sum of thirty-five hundred dollars ($3,5000) per annum, payable monthly. And they shall have power to appoint such other persons and employés as are necessary for the proper discharge of the duties of said commission. The office of said commission shall be in the Capitol Building in the city of Springfield. And all moneys appropriated for said commission and sums authorized to be paid out by this Act by said commission, shall be paid out of the State treasury only upon the order of the chairman of said commission, and approved by the Governor. § 5. Said commissioners and such employés as they may designate, shall have the right of passing in the performance of their respective duties, over all railroads and upon all railroad trains in this State, and over, upon or in all instrumentalities used by any common carrier in the transportation of persons or property between points wholly within the State of Illinois.

§ 6. Every railroad company or other common carrier incorporated or doing business in this State, or which shall hereafter become incorporated or do business under any general or special law of the State, shall, on or before the thirtieth day of September, in the year of our Lord 1911, and on or before the same day each year thereafter, make and transmit to the commissioners appointed by virtue of this Act, at their office in Springfield, a full and true statement, under oath, of the proper officers of said corporation, of the affairs of the said corporation, as the same existed on the first day of the preceding July, specifying

First-The names of the owners of its stock, and the amount owned by them, respectively, and the residence of each stockholder so far as known.

Second-The amount of its assets and liabilities.

Third-The names and place of residence of its officers.

Fourth-The amount of funded debt.

Fifth-The amount of floating debt.

Sixth-The estimated value of the roadbed, including iron and bridges.