such term or terms, and after demand made, in writing, for the possession thereof, by his or their landlord or lessor, or the person to whom the remainder or reversion of such lands, tenements or hereditaments shall belong, such person or persons so holding over, shall, for the time such landlord or rightful owner be so kept out of possession, pay to the person so kept out of possession, or his legal representatives, at the rate of double the yearly value of the lands, tenements or hereditaments so detained, to be recovered by action of debt or otherwise, in any court having cognizance of the same. [R. S. 1845, p. 333, § 2.

3. HOLDING OVER AFTER NOTICE BY TENANT-DOUBLE RENT.] § 3. If any tenant shall give notice of his intention to quit the premises by him holden, at a time mentioned in such notice, at which the tenant would have a right to quit by the lease, and shall not accordingly deliver up possession thereof, such tenant shall pay to the landlord or lessor double the rent or sum which would otherwise have been due, to be collected in the same manner as the rent otherwise due should have been collected. [R. S. 1845, p. 334, § 3.

formal

4. ONE-HALF YEAR'S RENT IN ARREAR-RE-ENTRY, ETC.] § 4. In all cases between landlord and tenant, where one-half year's rent shall be in arrear and unpaid, and the landlord or lessor to whom such rent is due has right by law to re-enter for non-payment thereof, such landlord or lessor may, without any demand or re-entry, commence an action of ejectment for the recovery of the demised premises. And in case judgment be given for the plaintiff in such action of ejectment, and the writ of possession be executed thereon, before the rent in arrear and costs of suit be paid, then the lease of such lands shall cease and be determined, unless such lessee shall, by writ of error, reverse the said judgment, or shall by bill, filed in chancery, within six months after the rendition of such judgment, obtain relief from the same: Provided, that any such tenant may, at any time before final judgment on said ejectment, pay or tender to the landlord or lessor of the premises the amount of rent in arrear, and costs of suit, and the proceedings on such ejectment shall thereupon be discontinued. [R. S. 1845, p. 334, § 4.

5. NOTICE TO TERMINATE TENANCY FROM YEAR TO YEAR.] § 5. In all cases of tenancy from year to year, sixty days' notice, in writing, shall be sufficient to terminate the tenancy at the end of the year. The notice may be given at any time within four months preceding the last sixty days of the year. [L. 1861, p. 136, § 1.

6. NOTICE TO TERMINATE TENANCY BY THE MONTH, ETC.] § 6. In all cases of tenancy by the month, or for any other term less than one year, where the tenant holds over without special agreement, the landlord shall have the right to terminate the tenancy by thirty days' notice, in writing, and to maintain an action for forcible detainer or ejectment. [L. 1861, p. 137, § 2.

7. NO FURTHER DEMAND NECESSARY.] § 7. Where a tenancy is terminated by notice, under either of the two preceding sections, no further demand shall be necessary before bringing a suit under the statute in relation to forcible detainer or ejectment. [L. 1861, p. 137, § 3.

8. DEMAND OF RENT-SUIT FOR POSSESSION.] § 8. The landlord or bis agent may, at any time after rent is due, demand payment thereof, and notify the tenant, in writing, that unless payment is made within a time mentioned in such notice, not less than five days after the service thereof, the lease will be terminated. If the tenant shall not, within the time mentioned in such notice, pay the rent due, the landlord may consider the lease ended, and sue for the possession under the statute in relation to forcible entry and detainer, or maintain ejectment with

out further notice or demand.

9. NOTICE TO QUIT.] § 9. When default is made in any of the terms of a lease, it shall not be necessary to give more than ten days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease; which notice may be substantially in the following form, viz:

To A. B. You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being, etc., (here describe the premises) I have elected to determine your lease, and you are hereby notified to quit and deliver up possession of the same to me within ten days of this date, (dated, etc.)

To be signed by the lessor or his agent; and no other notice or demand of possession or termination of such tenancy shall be necessary. [L. 1865, p. 107, § 2.

10. SERVICE OF DEMAND OR NOTICE.] § 10. Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person above the age of twelve years, residing on or in possession of the premises; and in case no one is in the actual possession of said premises, then by posting the same on the premises. [L. 1865, p. 108, § 3.

11. EVIDENCE OF SERVICE.] § 11. When any such demand is made or notice served by an officer authorized to serve process, his return shall be prima facie evidence of the facts therein stated, and if such demand is made or notice served by any person not an officer, the return may be sworn to by the person serving the same, and shall then be prima facie evidence of the facts therein stated. [L. 1865, p. 108, § 3.

12. WHEN TERM EXPIRES NOTICE TO QUIT NOT REQUIRED.] § 12. When the tenancy is for a certain period, and the term expires by the terms of the lease, the tenant is then bound to surrender possession, and no notice to quit or demand of possession is necessary. [L. 1865, p. 109, § 7.

13. "LEASE" DEFINED.] § 13. The term "lease," as used in this act, shall include every letting, whether by verbal or written agreement. [L. 1867, p. 157, $1.

14. REMEDIES EXTENDED IN FAVOR OF GRANTEE, ETC.] § 14. The grantees of any demised lands, tenements, rents or other hereditaments, or of the reversion thereof, the assignees of the lessor of any demise, and the heirs and personal representatives of the lessor, grantee or assignee, shall have the same remedies by entry action or otherwise, for the non-performance of any agreement in the lease, or for the recovery of any rent, or for the doing of any waste or other cause of forfeiture, as their grantor or lessor might have had if such reversion had remained in such lessor or grantor.

15. REMEDIES EXTENDED IN FAVOR OF LESSEES, ETC.] § 15. The lessees of any lands, their assigns or personal representatives, shall have the same remedy, by action or otherwise, against the lessor, his grantees, assignees or his or their representatives, for the breach of any agreement in such lease, as such lessee might have had against his immediate lessor: Provided, this section shall have no application to the covenants against incumbrances, or relating to the title or possession of the premises demised.

DISTRESS FOR RENT.

16. WHAT PROPERTY MAY BE DISTRAINED.] § 16. In all cases of distress for rent, the landlord, by himself, his agent or attorney, may seize for rent any personal property of his tenant that may be found in the county where such tenant shall reside; and in no case shall the property of any other person, although the same may be found on the premises, be liable to seizure for rent due from such tenaut. [R. S. 1845, p. 334, § 7.

17. RETURN OF DISTRESS WARRANT-INVENTORY.] § 17. The person making such distress shall immediately file with some justice of the peace, if the amount of the claim is within his jurisdiction, or with the clerk of a court of record of competent jurisdiction, a copy of the distress warrant, together with an inventory of the property levied upon. [R. S. 1845, p. 334, § 6.

18. SUMMONS-RETURNABLE.] § 18. Upon the filing of such copy of dis. tress warrant and inventory, the justice of the peace or clerk shall issue a summons against the party against whom the distress warrant shall have been issued, returnable as other summons. [R. S. 1845, p. 334, § 6.

19. NOTICE TO NON-RESIDENTS, ETC.] 19. When it shall appear, by affidavit filed in the court where such proceeding is pending, that the defendant is a non-resident or has departed from this state, or ou due inquiry cannot be found, or is concealed within this state, and the affiant shall state the place of residence of said defendant, if known, and if not known, that upon diligent inquiry he has not been able to ascertain the same, notice may be given, if the suit is before a justice of the peace, as in cases of attachment before justices, or if in a court of record, as in attachment cases in such courts. [See "Attachments," ch. 11, § 22, 50. L. 1851, p. 195, §1; L. 1849, p. 102, § 1.

20. PROCEEDINGS-PLEADING.] 20. The suit shall thereafter proceed in the same manner as in case of attachment before such court or justice of the peace: Provided, that it shall not be necessary for the plaintiff in any case to file a declaration, but the distress warraut shall stand for a declaration and shall be amendable, as other declarations: Provided, that no such amendment shall in any way affect any liabilities that may have accrued in the execution of such warrant.

21. SET OFF.] § 21. The defendant may avail himself of any set-off or other defense which would have been proper if the suit had been for the rent in any form of action and with like effect.

22. JUDGMENT FOR PLAINTIFF.] § 22. If the plaintiff succeeds in his suit, judgment shall be given in his favor for the amount which shall appear to be due him.

23. EFFECT OF JUDGMENT WHEN DEFENDANT SERVED.] § 23. When the defendant has been served with process or appears to the action, the judgment shall have the same force and effect as in suits commenced by summons, and execution may issue thereon, not only against the property distrained, but also against the other property of the defendant. But the property distrained, if the same has not been replevied or released from seizure, shall be first sold. 24. JUDGMENT BY DEFAULT WHEN DEFENDANT NOT SERVED, ETC.] § 24. When publication of notice shall have been made, as provided in this act, but the defendant is not served with process and does not appear, judgment by default may be entered, and the plaintiff may recover the amount due him for rent at the time of issuing the distress warrant, and a special execution shall issue against the property distrained, but no execution shall issue against any other property of the defendant.

25. WHEN JUDGMENT IN FAVOR OF DEFENDANT-SET-OFF.] § 25. If the judgment is in favor of the defendant, he shall recover costs and have judgment for the return of the property distrained, unless the same has been replevied or released from such distress. And if a set off is interposed, and it appears that a balance is due from the plaintiff to the defendant, judgment shall be rendered for the defendant for the amount thereof.

26. RELEASE OF PROPERTY DISTRAINED-BOND.] § 26. When any distress warrant has been levied, the person whose property is distrained may release the same by entering into bond in double the amount of the rent claimed, payable to the landlord, with sufficient sureties, to be approved by the person making the levy, if the bond is tendered before the filing of a copy of the warrant, as provided in this act, or if after, by the clerk of the court in which, or justice of the peace before whom, the suit is pending, conditioned to pay whatever judgment the landlord may recover in the suit, with costs of suit. If the bond is taken before the filing of a copy of the distress warrant, such bond shall be filed therewith, and if taken after the filing of a copy of the distress warrant, it shall be filed in the court or with the justice where the suit is pending.

27. PERISHABLE PROPERTY.] § 27. If any property distrained is of a perishable nature and in danger of immediate waste or decay, and the same is not replevied or bonded, the landlord or his agent or attorney may, upon giving notice to the defendant or his attorney, if either can be found in the county, or if neither can be found, without any notice, apply to the judge or a master in chancery of

the court in which, or the justice of the peace before whom the suit is pending, describing the property, and showing that the same is so in danger, and if such judge, master or justice of the peace is satisfied that the property is of a perishable nature and in danger of immediate waste or decay, and if the defendant or his attorney is not served with notice, or does not appear, that he cannot be found in the county, he may issue an order to the person having possession of the property, directing the sale thereof upon such time and such notice, terms and conditions as the judge, master or justice of the peace shall think for the best interests of the parties concerned. The money arising from such sale shall be deposited with the clerk of the court in which, or justice of the peace before whom the suit is pending, there to abide the event of the suit. [R. S. 1845, p. 335, § 11. 28. LIMITATION.] § 28. The right of the landlord to distrain the personal goods of the tenant, shall continue for the period of six months after the expiration of the term for which the premises were demised or the tenancy is terminated. [L. 1857, p. 44, § 1.

29. DISTRESS FOR PRODUCTS, LABOR, ETC.] § 29. When the rent is payable wholly or in part in specific articles of property or products of the premises, or labor, the landlord may distrain for the value of such articles, products or labor.

30. EXEMPTION.] § 30. The same articles of personal property which are, by law, exempt from execution, except the crops grown or growing upon the demised premises, shall also be exempt from distress for rent. [See "Exemptions," ch. 52, § 13. R. S. 1845, p. 335, § 12.

31. LIEN UPON CROPS GROWN OR GROWING.] § 31. Every landlord shall have a lien upon the crops grown or growing upon the demised premises for the rent thereof, whether the same is payable wholly or in part in money or specific articles of property or products of the premises, or labor, and also for the faithful performance of the terms of the lease. Such lien shall continue for the period of six months after the expiration of the term for which the premises were demised. [L. 1865, p. 110, § 1.

32. LANDLORD'S RIGHTS AGAINST SUB-LESSEES, ETC.] § 32. In all cases when the demised premises shall be sub-let, or the lease is assigned, the landlord shall have the same right to enforce his lien against the sub-lessee or assignee, that he has against the tenant to whom the premises were demised. [L. 1865, p.111, § 2.

33. ABANDONMENT OF PREMISES-CROPS.] § 33. When a tenant abandons or removes from the premises or any part thereof, the landlord or his agent or attorney may seize upon any grain or other crops grown or growing upon the premises or part thereof so abandoned, whether the rent is due or not. If such grain or other crops or any part thereof is not fully grown or matured, the landlord or his agent or attorney shall cause the same to be properly cultivated and harvested or gathered, and may sell and dispose of the same, and apply the proceeds, so far as may be necessary, to compensate him for his labor and expenses, and to pay the rent: Provided, the tenant may, at any time before sale of the property so seized, redeem the same by tendering the rent due and the reasonable compensation and expenses of the cultivation and harvesting or gathering the same, or he may replevy the property seized. [R. S. 1845, p. 335 § 9.

§ 34, repeal, omitted; see "Statutes," ch. 131, § 5. ]

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. L. 1871–2, p. 609.]

1. ESTABLISHMENT BY CITY-TAX-FUND.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the city council of each incorporated city 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 one mill on the dollar, annually, and in cities of over one hundred thousand inhabitants, not to exceed one-fifth of one mill annually, on all the taxable property in the city, such tax to be levied and collected in like manner with other general taxes of said city, and to be known as the "Library Fund."

2. DIRECTORS.] § 2. When any city council shall have decided to establish and maintain a public library and reading-room, under this act, the mayor of such city shall, with the approval of the city council, proceed to appoint a board of nine directors for the same, chosen from the citizens at large with reference to their fitness for such office; and not more than one member of the city council shall be at any one time a member of said board.

3. TERM OF OFFICE-REMOVAL.] § 3. Said directors shall hold office onethird for one year, one third for two years, and one-third for three years, from the first of July following their appointment, and at their first regular meeting shall cast lots for the respective terms; and annually thereafter the mayor shall, before the first of July of each year, appoint as before three directors, to take the place of the retiring directors, who shall hold office for three years, and until their suc cessors are appointed. The mayor may, by and with the consent of the city council, remove any director for misconduct or neglect of duty.

4. VACANCIES-COMPENSATION.] § 4. Vacancies in the board of directors, occasioned by removals, resignation, or otherwise, shall be reported to the city council, and be filled in like manner as original appointments, and no director shall receive compensation as such.

5. ORGANIZATION-POWERS OF DIRECTORS-FUNDS.] § 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 officers 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