Not under township organization.

action, for failures to perform road labor or pay road taxes, or to enforce any contract or promise in reference to the opening or repairing of public roads, shall be had in the corporate name of the county wherein the right of action accrued : Provided, that no suits shall be dismissed on account of informality in the name of the plaintiff; but the court may, on application, permit the record to be so amended as to place the name of the proper plaintiff on the record. [L. 1852, p. 176, § 2.

170. RETURN BY SUPERVISORS OF DELINQUENTS.] § 43. Every supervisor shall endeavor to collect all road and labor tax, and close the work by the first Monday in December, annually; and it shall be their duty, when such road and labor tax has been paid, either in money, or labor, to write the word "paid" dis tinctly against each name or tract of land on his list on which the same has been paid, and such list shall be delivered to the county court [county board], with an affidavit thereto, sworn to before some justice of the peace of the county, or other officer empowered by law to administer oaths, that on all tracts of land on such list opposite which the word "paid" is written, [such tax] is paid; and that on all tracts of land on such list opposite which the word "paid" is not written, such tax is due and remains unpaid, according to the best of his knowledge and belief. [R. S. 1845, p. 486, § 28.

171. ANNUAL REPORT OF SUPERVISOR.] § 44. At the December term of the county court [county board], annually, each supervisor shall make a report, showing the whole number of days' work that has been done in his district during the year, by whom done, the amount of money by him received, from whom received, for road tax or otherwise, due on roads, the amount paid out by him in constructing roads, with the vouchers accompanying; at which term he shall make a settlement with the court [board], and if a balance should appear in his hands, the same shall be disbursed in the district, or added to the general road fund, as the court [board] shall order. Supervisors may appoint one or more persons to warn in the hands, and make an allowance out of the labor tax due from such person. [R.S. 1845, p. 488, § 35; L. 1865, p. 111, § 2.

172. DITCHES, ETC.] § 45. The supervisors of the several road districts are hereby authorized to enter upon any land adjacent to any highway in their respective districts, for the purpose of opening any ditch, drain, necessary sluice or water course, whenever it shall be necessary to open a water course from any highway to the natural water courses; and to dig, open and clean ditches upon said land for the purpose of carrying off the water from said highways; or to drain any slough or pond on said highway: Provided, that unless the owner of such land, or his agents, shall first consent to the cutting of such ditches, the supervisors shall apply to any justice of the peace of the county in which such road is situated [for a summons, directed to any constable of said county, commanding him to summons the said owner to appears before the said justice, at a time and place specified in such summons, not less than five nor more than fifteen days from the date thereof, for the purpose of having the damage assessed which such owner may sustain by reason of the digging or opening such ditches or drains. The said summons shall be under the hand of such justice, and be served in the same manner as summons is now served in civil actions before justices of the peace. On the return of such summons, a venire, if required by either party, shall be issued for a jury as in other cases, which jury shall assess such damages and render a verdict therefor, which shall be final and conclusive of the amount of damages sustained by such person; and the amount so awarded shall be paid out of the county treasury on the order of the commissioners. And the supervisor shall be warranted and is hereby empowered to enter such lands and dig, open and clean such drains, ditches and water courses as aforesaid, for the purposes contemplated in this act; and is further authorized to use and employ the road labor and money of his district for such purposes: Provided, that in case the owner of said lands is a non-resident, service may be had by leaving a copy with the occupant or agent, or by notice in same manner as prescribed in proceedings for opening roads. [L. 1867, p. 160, § 1.

Not under township organization.

173. SUPERVISORS TO HIRE TEAMS, ETC.] § 46. Supervisors are hereby authorized to hire teams to do the necessary hauling, plowing and scraping; to contract for materials for building bridges, causeways, erecting guide boards, for making and furnishing road scrapers, and repairing roads in discharge of labor and road tax due, and so far as funds shall come into their possession, procuring said teams, materials, implements and work, on the best possible terms; but all contracts made under this section, exceeding in amount $10, shall be first approved or ordered by the county court [county board]: Provided, that nothing contained herein shall prevent the supervisors from expending, within their road districts, the road labor or money collected by them in lieu thereof.

174. PENALTY FOR NEGLECT OF DUTY.] § 47. Any supervisor who neglects to keep the roads in his district in good repair, agreeably to the provisions of this act, or fails to perform any other duty herein required, shall be liable to indictment, and, on conviction thereof, shall be fined in a sum not less than $5 and not exceeding $50, to be expended on some road within the district of said supervisor. [R. S. 1845, p. 489, § 40.

175. CLERK TO FURNISH LIST OF SUPERVISORS TO GRAND JURY.] § 48. The clerk of the county court [county clerk] in each county shall, at each term of the circuit court, make out and furnish the grand jury with the list of the names of all supervisors in the county, with the date at which they were appointed. [R. S. 1845, p. 489, § 41.

176. SUPERVISORS TO TAKE CARE OF IMPLEMENTS.] § 49. It shall be the duty of the supervisors to take good care of plows, road scrapers and other implements belonging to the county, in their charge; not to lend the same, unless to the supervisor, to aid him in constructing public roads. Any person who shall violate the provisions of this section shall forfeit and pay a fine of not less $3 or more than $10. [L. 1847, p. 112, § 5.

177. WHEN LABOR TO BE DONE.] § 50. Each and every supervisor shall call out his hands, and do a proportion, at least one-half, of the labor due, by the tenth day of June in each year, in putting the roads and bridges in good repair, and grading the same where most needed. [L. 1847, p. 112, § 6.

178. COMPENSATION OF SHERIFFS, ETC.] § 51. Sheriffs, and clerks of the county court [county clerks], surveyors, viewers and supervisors, shall be allowed a fair and reasonable compensation for discharging the duties required of them by this act, to be paid out of the county treasury on the allowance and order of the county courts [county board.] [R. S. 1845, p. 489, § 42.

179. COUNTY BOARD TO CONTROL STATE ROADS.] § 52. All power, jurisdiction and control is hereby given to the county court [county board] of the sev eral counties of and concerning state roads located directly by the state, and all other roads, and the same shall be opened, improved and kept in repair as roads in the counties, subject to alteration, change and re-location, as herein before pointed out. [R. S. 1845, p. 486, § 30.

180. COUNTY BOARDS TO BE SUCCESSORS OF COUNTY COURTS.] § 53. The county courts of the several counties of this state shall have the supervision and control of all roads and public highways within their respective counties, and shall make such rules and regulations as may be necessary to carry this act into proper effect: Provided, that after the election of the commissioners provided in section 6, article 10, of the constitution of this state, the duties herein provided to be discharged by county courts shall devolve upon and be discharged by the board of county commissioners.

181. NOTICE TO RAILROADS.] § 54. In addition to the notices now required by law, in proceedings for locating, laying out and opening of public roads, similar notices shall be served upon any railroad company, across or alongside of whose railroad it may be proposed to locate a public road: Provided, that this act shall not apply to the proceedings for opening streets in towns and cities. [L. 1869, p. 374, § 1.

Not under township organization.

182. SERVICE ON STATION AGENT.] § 55. The notices, as required by this act, shall be served upon the station agent of any such railroad company, nearest to the proposed location of such projected public road. [L. 1869, p. 374, § 2.

183. TAXES HERETOFORE COLLECTED.] § 56. Any tax or moneys collected by the sheriff and county collectors of the various counties for road and bridge purposes, under the provisions of an act entitled "An act in regard to roads and bridges," approved April 10, 1872, shall be distributed to the supervisors of the various road districts from which it was collected, as near as may be, to be by them expended in improving the roads in their respective road districts.

184. REPEAL.] § 57. An act entitled "An act in regard to roads and bridges," approved April 10, 1872, and in force August 15, 1872, and also all other acts or parts of acts inconsistent herewith, be and the same are hereby repealed.

185. EMERGENCY.] § 58. Whereas by the passage of the act in regard to roads and bridges, in force August 15, 1872, hereby repealed, much confusion has arisen in carrying out and enforcing the law of this state in regard to roads and bridges, an emergency has arisen requiring this act to take immediate effect: therefore, be it enacted that this act shall take effect and be in force from and after its passage.

AN ACT giving the assent of the state of Illinois to the construction of bridges across navigable rivers in this state, and upon the boundaries thereof. [Approved April 4, 1872. In force July 1, 1872. L. 1871-2, p. 209.] 186. CONSTRUCTION OF BRIDGES-STATE ASSENT.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the assent of the state of Illinois is hereby given to any corporation or association organized under the laws of this state and subject thereto, to construct bridges across navigable rivers in this state, and upon the boundaries thereof, whenever authorized by the congress of the United States, under such conditions and restrictions as the congress may impose.

AN ACT to establish and maintain a system of free schools. [Approved April 1, 1872. In force July 1, 1872.

L. 1871-2, p. 700.]

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION-HIS ELECTION AND DUTIES.

1. ELECTION-TERM OF OFFICE.] § 1. That at the election to be held on Tuesday after the first Monday of November, in the year of our Lord 1874, and