Изображения страниц
PDF
EPUB

law, to be made to the proper judge, shall have power to grant and order the issuing of writs of certiorari, to remove causes from before justices of the peace into the proper court. [L. 1845, p. 572, § 1.

8. SUCCESSOR MAY FINISH BUSINESS.] § 8. When any master in chancery shall die, resign his office or be removed therefrom, or remove from the county, and shall leave any business pertaining to his office unfinished, it shall be lawful for his successor in office to do any act or acts coming within the duties of the master, which may be necessary to the final completion of such unfinished business. [L. 1845, p. 571, § 1.

9. FEES.] 9. Masters in chancery shall receive for their services such compensation as shall be allowed by law, to be taxed as other costs. [See "Fees and Salaries," ch. 53, § 20. R. S. 1845, p. 99, § 52.

AN ACT to further define the duties of masters in chancery and to secure the prompt discharge of such duties. [Approved April 23, 1873, In force July 1, 1873)

10. REPORT MONEY NOT PAID OVER.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter it shall be the duty of each master in chancery in this state, on or before the third day of any regular term of the court by which he may have been appointed, to report in writing, verified by his affidavit, to such court all moneys which may have come to his hands by virtue of his office, from any source whatever, and which have not been paid out by the order or decree of said court.

11. WHAT REPORT SHALL CONTAIN.] § 2. Such report shall contain a statement in detail showing the title of each cause of proceeding in said court, in consequence of which such money has come to the hands of such master in chancery; the amount derived from each cause or proceeding; what reason, if any exists, why an order or decree may not be made at the term when such report is submitted without jeopardizing the rights of parties to such cause or proceeding, for the payment of the whole or a part of such money to the party or parties entitled thereto, and if a part only, how much and to whom; and if at the same or any term subsequent to the submission of such report, an order or decree shall be made as hereinafter provided for the payment or other disposition of said money or any part thereof, then and in that case the report to be submitted at the term of court next succeeding such order or decree shall show in what manner such order or decree has been executed, or if the same remains unexecuted in whole or in part, the reason therefor.

12. DUTY OF COURT.] § 3. It shall be the duty of the court upon the submisssion of such report, or so soon thereafter as may be practicable, to make such interlocutory or final orders or decrees in relation to the payment or other disposition of the moneys embraced therein, or any portion of the same, as may appear to be consistent with and not to jeopardize any rights of any party or par

ties in interest.

13. REMOVAL FROM OFFICE.] §4. The failure of any master in chancery to submit a report as herein required, or to comply with any order or deeree of the court in relation to the whole or any part of the moneys embraced therein, without a sufficient reason for such failure, to be determined by the court, shall be deemed and taken as a good and sufficient cause for his removal from office; and any person aggrieved, his agent or attorney, may submit to such court a motion requiring such master in chancery to show cause why he should not be so removed; which motion shall be heard and determined by said court, and such action taken thereon as in the judgment of said court may be deemed proper.

[blocks in formation]

AN ACT to promote the science of medicine and surgery in the state of Illinois. [Approved February 16, 1874. In force July 1, 1874.]

1. WHAT BODIES MAY BE DELIVERED MEDICAL SCHOOLS FOR DISSECTION.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, It shall be lawful, in cities and counties whose population exceeds one hundred thousand inhabitants, for superintendents of penitentiaries, wardens of poor houses, coroners and city undertakers, to deliver to the professors and teachers in medical colleges and schools in this state, and for professors and teachers to receive the remains or body of any deceased person, for purposes of medical surgical study: Provided, that said remains shall not have been regularly interred, and shall have not been desired for interment by any relatives or friends of said deceased, within forty-eight hours after death: Provided, also, that the remains of no person, who may be known to have relatives or friends, shall be so delivered or received without the written consent of said relatives or friends: And, provided, further, that the remains of no one detained for debt, or as a wit ness, or on suspicion of crime, or of any traveler, or of any person who shall have expressed a desire, in his or her last sickness, that his or her body may be interred, shall be delivered or received as aforesaid, but shall be buried in the usual manner: And, provided, also, that in case the remains of any person so delivered or received shall be subsequently claimed by any surviving relative or friend for interment: Provided, further, that notice shall be given to friends or relatives of any deceased person, if such friends or relatives are known to the authorities.

2. REMAINS OF BODIES TO BE BURIED-PENALTY.] § 2. And it shall be the duty of the said professors and teachers decently to bury in some public cemetery the remains of all bodies, after they shall have answered the purposes of study aforesaid; and for any neglect or violation of the provisions of this act, the party so neglecting shall forfeit and pay a penalty of not less than 50 nor more than $100, or be imprisoned in the county jail not less than six nor more than twelve mouths, or both, at the discretion of the court. Such penalties to be sued for by the health or school officers, or any person interested therein, for the benefit of the school fund or health department, as the case may be.

3. FOR WHAT AND WHERE BODIES USED-PENALTY.] § 3. The remains or bodies of said persons as may be so received by the professors and teachers, as aforesaid, shall be used for the purposes of medical and surgical study alone, and in this state only; and whoever shall use such remains for any other pur pose, or shall remove such remains beyond the limits of this state, or in any manner traffic in the same, or in any manner aid or assist in the same, shall be deemed guilty of a misdemeanor, and shall, on conviction, be imprisoned for a term not exceeding one year in a county jail.

4. PENALTIES.] § 4. Every person who shall deliver up the remains of any deceased person in violation of or contrary to any or all of the provisions contained in the first section of this act, and every person who shall receive said remains, knowing the same to have been delivered contrary to any of the provisions of said section, shall, each and every one of them, be deemed guilty of a misdemeanor, and shall, on conviction, be imprisoned for a term not exceeding two years in a county jail.

[blocks in formation]

AN ACT in regard to mills and millers and dams for mills and other machinery, and navigation. [Approved March 2, 1872. In force July 1, 1872. L. 1871-2, p. 563,]

1. WHEN AND HOW PROPERTY MAY BE CONDEMNED-HEALTH-NOTICE.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when any person or persons owning land on one or both sides of any stream or water course, any part of the bed of which belongs to such person or persons, shall desire to build or repair any public grist-mill, saw-mill, or other public mill or machinery, or to erect, repair or increase in height any dam across such stream or water course, to supply water for any such mill or machinery, or to improve the navigation of any such stream or water course for the use of such mill or machinery, and it shall be necessary to take or injure private property without the owner's consent, and the compensation therefore cannot be agreed upon by the parties interested, it shall be lawful for the person or persons desiring to build or repair such mill or machinery, or to erect, repair or increase the height of any such dam, to cause the damage or compensation to be paid to the owner or other person interested in the property to be taken or injured, to be ascertained in the manner provided by law for the taking or damaging of private property for public use: Provided, that no such dam shall be erected or increased in height, or mantained, when the health of the neighborhood will be injuriously affected thereby: Provided, that no dam shall be erected or increased in height until at least sixty days' notice of the intention of the parties (so desiring to erect or increase in height any such dam) to apply for a jury to assess damages, shall have been given in at least one newspaper published nearest the proposed dam, and personal notice to all persons interested, if their place of residence is known. [See § 11; for manner of proceedings see "Eminent Domain," ch. 47. R. S. 1845, ch. 71, p. 378.

2. EXISTING MILLS AND MILL SITES NOT TO BE INJURED.] § 2. No such dam shall be erected, repaired or raised in height, to the injury of any mill lawfully existing either above or below it on the same stream, nor to the injury of any mill. site on the same stream on which a mill or mill dam has been lawfully erected and used, unless the right to mantain a mill or dam on such site has been lost or abandoned.

3. HEALTH OF NEIGHBORHOOD.] § 3. The jury which shall be impaneled to ascertain the damages, shall also inquire whether the health of the neighborhood

will be injuriously affected by the overflow of any land, and if they shall find that it will be so affected, the petition shall be dismissed."

4. WHEN AWARD MAY BE ACCEPTED—WHEN ABANDONED-COST.] § 4. The person applying for the condemnation of property for any of the uses herein authorized, may elect, within three months after final judgment, whether he will pay the judgment for damages in favor of the owners or persous interested. If he shall not file his acceptance of such judgment in the court where the proceedings were had, or pay the judgment within that time, he shall be considered as having abandoned all right under such judgment, and shall be liable for all costs of such proceeding, including reasonable attorney fees, to be assessed by the court.

5. WHEN RIGHT WILL REVERT-DISABILITY.] §5. If the petitioner shall not, within one year after obtaining the right to erect any such mill, or other machinery, or to erect, repair, or increase the height of any such dam, begin to build such mill, and finish the same within three years, or to repair or increase the height of a dam already built within one year, or in case the mill or other machinery or dam is destroyed, shall not rebuild the same within five years after its destruction, all right acquired by the proceedings authorized by this act shall revert to the owners, their heirs and assigns: Provided, if the owner of the mill or other machinery, at the time of such destruction, be an infant, or under disability, the same time shall be allowed after such disability is removed.

6. DUTY OF MILLER-TOLL.] § 6. The owner or occupier of every public grist mill within this state shall grind the grain brought to his mill as well as the nature and condition of his mill will permit, and in due turn as the same shall be brought, and may take for the toll, if a water mill or steam mill, for grinding and bolting wheat, rye, or other grain, one-eighth part; for grinding Indian corn, oats, barley and buckwheat, or other grain not required to be bolted, one-seventli part; for grinding malt, and chopping all kinds of grain, one-eighth part. [R. S. 1845, p. 380, § 11.

7. DUTY OF MILLER-MEASURES-PENALTY.] $7. It shall be the duty of each and every owner and occupier of every public mill, to give due and punctual attendance, when his mill shall not be out of repair, and to aid and assist in loading and unloading all grain which shall be brought to him to be ground. And he shall keep in his mill an accurate half-bushel measure, and an accurate set of toll dishes, or scales for weighing the grain. And for a failure to perform any of the duties required by this act, every occupier of a public mill shall forfeit and pay the sum of $5 to the use of any person who shall sue for the same. 1845, p. 380, § 12.

[R. S.

WHEN MILLER ACCOUNTABLE.] § 8. Every owner or occupier of a public mill, as aforesaid, shall be accountable for the safe keeping of all grain received in his mill for the purpose of being ground, with the bags or casks containing the same; and shall, when required, deliver the same, or the flour or meal thereof, to the owner, or his agent or servant, with the bags or casks in which the same was received: Provided, that such miller shall not be accountable for any bags or casks, unless the same be distinctly marked with the initial letters of the owner's name, nor for the loss of grain, bags or casks which happen by unavoidable accident. [R. S. 1845, p. 380, § 13.

9. PENALTY FOR TAKING TOO MUCH TOLL.] §9. If any miller or occupier of any mill shall take a greater proportionate quantity of toll than is allowed by this act, or shall not sufficiently grind or grind and bolt (as the case may be,) agreeably to the capacity of his mill, and in due time, as the same may have been brought, all grain received into such mill for the purpose of being ground or ground and bolted, as directed by the owner, every miller or occupier of a public mill, so offending, shall forfeit and pay the sum of $5 to the party injured. [R. S. 1845, p. 380, § 14.

10. JURISDICTION.] § 10. All penalties under the provisions of this act may be sued for and recovered before any justice of the peace of the county where such penalties are incurred. [R. S. 1845, p. 380, § 14.

« ПредыдущаяПродолжить »