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AN ACT to amend section 2 of an Act entitled, "An Act authorizing and empowering the employment of convicts and prisoners in the penal and reformatory institutions of the State of Illinois in the manufacture of tile and culvert pipe for road drainage purposes, and in the manufacture of machinery, tools and appliances for the building, maintaining and repairing of the wagon roads of the State, and for preparing road building and ballasting material, upon the requisition of the State Highway Commission," approved May 18, 1905, in force July 1, 1905.

SECTION I. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 2 of an Act entitled, "An Act authorizing and empowering the employment of convicts and prisoners in the penal and reformatory institutions of the State of Illinois in the manufacture of tile and culvert pipe for road drainage purposes, and in the manufacture of machinery, tools and appliances for the building, maintaining and repairing of the wagon roads of the State; and for preparing road building and ballasting material upon the requisition of the State Highway Commission," approved May 18, 1905, in force July 1, 1905, be, and the same is hereby amended so as to read as follows:

§ 2. The commissioners of highways in any township in counties under township organization or the commissioners of highways or boards of county commissioners in counties not under township organization, may make application to the said State Highway Commission for such road building material, tile, culvert pipe, road making machinery, tools and other appliances as may be needed or required by them for the construction, improvement or repairing of the wagon roads in their respective townships or road districts, and where by agreement of the commissioners of highways in counties under township organization, or the commissioners of highways or boards of county commissioners in counties not under township organization, as the case may be, with the city council of any city, or the board of trustees of any village within the limits of such town, any gravel, rock, macadam or other hard road is extended within or through the corporate limits of such city or village then for the construction, improvement or repairing of so much of said road as lies within the corporate limits of such city or village, provided such extension within such city or village shall be of the same cost and kind of material as the road outside such city or village, obligating themselves to use such material according to the rules and regulations formulated and approved by the State Highway Commission.

APPROVED June 3, 1907.

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AN ACT in relation to practice and procedure in courts of record.

SECTION I. Be it enacted by the People of the State of Illinois. represented in the General Assembly: The first process in all actions

to be hereafter commenced in any of the courts of record in this State shall be a summons, except actions where special bail may be required; which summons shall be issued under the seal of the court, tested in the name of the clerk of such court, dated on the day it shall be issued, and signed with his name, and shall be directed to the sheriff (or, if he be interested in the suit, to the coroner of the county), and shall be made returnable on the first day of the next term of the court in which the action may be commenced. If ten days shall not intervene between the time of suing out the summons and the next term of court, it shall be made returnable to the succeeding term. The plaintiff may, in any case, have summons made returnable at any term of the court which may be held within three months after the date thereof.

§ 2. It shall be the duty of the sheriff or coroner to serve all process of summons or capias, when it shall be practicable, ten days before the return day thereof, and to make return of such process to the clerk who issued the same, by or on the return day, with an endorsement of his service, the time of serving it, and the amount of his fees: Provided, that when such process shall have been directed to a foreign county, the officer executing the same may make return thereof by mail; and the clerk may charge the postage and tax the amount in his fee bill. Service of summons, except when otherwise expressly provided by statute, shall be made by leaving a copy thereof with the defendant in person.

§ 3. If it shall not be in the power of the sheriff or coroner to serve a summons or capias ten days before the return day thereof, he may execute the same at any time before, or on the return day; but if not served ten days before the return day thereof, the defendant shall be entitled to a continuance, and shall not be compelled to plead before the next succeeding term.

§ 4. Whenever it shall appear, by the return of the sheriff or coroner, that the defendant is not found, the clerk shall, at the request of the plaintiff, issue another summons or capias, as the case may be, and so on until service is had.

§ 5. If any sheriff or coroner to whom any summons, capias or subpoena shall be delivered, shall neglect or refuse to make return of the same before or on the return day of such process, the plaintiff may enter a rule requiring said sheriff or coroner to make return of such process on a day to be fixed by the court, or to show cause on that day why he should not be attached for a contempt of the court; and the plaintiff shall thereupon cause a written notice of such rule to be served on such sheriff or coroner; and if good and sufficient cause be not shown to excuse such officer, the court shall judge him guilty of a contempt, and shall proceed to punish such officer as in other cases of contempt.

§ 6. It shall not be lawful for any plaintiff to sue any defendant out of the county where the latter resides or may be found, except in local actions, and except that in every species of personal actions in law where there is more than one defendant, the plaintiff commencing his action where either of them resides, may have his writ or writs issued

directed to any county or counties where the other defendant, or either of them, may be found: Provided, that if a verdict shall not be found or judgment rendered against the defendant or defendants, resident in the county where the action is commenced, judgment shall not be rendered against those defendants who do not reside in the county, unless they appear and defend the action, nor then if the action is dismissed as to the defendant or defendants resident in the county. Actions against a railroad or bridge company may be brought in the county where its principal office is located, or in the county where the cause of action accrued, or in any county into or through which its road or bridge may run.

§ 7. The courts of record of the county wherein the plaintiff or complainant may reside shall have jurisdiction of all actions hereafter to be commenced by any individual against any insurance company, either incorporated by any law of this State or doing business in this State. And all process issued in any cause commenced in the county wherein the plaintiff may reside, where in an individual may be plaintiff or complainant and any such company defendant, may be directed to any county of this State for service and return.

§ 8. An incorporated company may be served with process by leaving a copy thereof with its president, if he can be found in the county in which the suit is brought. If he shall not be found in the county, then by leaving a copy of the process with any clerk, secretary, superintendent, general agent, cashier, principal, director, engineer, conductor, station agent or any agent of said company found in the county; and in case the proper officer shall make return upon such process that he cannot in his county find any clerk, secretary, superintendent, general agent, cashier, principal, director, engineer, conductor, station agent or any other agent of said company, then such company may be notified by publication and mail in like manner and with like effect as is provided in sections twelve (12) and thirteen (13) of an Act entitled, "An Act to regulate the practice in courts of chancery."

§ 9. Process against a county may be served by leaving a copy thereof with the clerk or chairman of the county board or clerk of the county court in counties not under township organization, until a board. of county commissioners is elected, as provided in the constitution.

§ 10. In suits against a city, village or town, process may be served by leaving a copy thereof with the mayor or city clerk, in case of a city, and with the president of the board of trustees or clerk, in the case of a village, and with the supervisor or town clerk, in case of a town.

II. The receiver or receivers of any incorporated company may be served with process by leaving a copy of such process with such receiver or receivers, if he or they can be found in the county in which the suit is brought; if he or they shall not be found in the county, then by leaving a copy of such process with any clerk, secretary, superintendent, general agent, engineer, conductor, station agent or any agent in the employ of such receiver or receivers who may be found in the county in which such suit is brought.

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