2. Deputies. § 2. He may appoint one or more deputies for whose official acts he shall be responsible, who, having taken the oath required of a surveyor, may perform any of the duties pertaining to the office of county surveyor, and any acts done by any such deputy shall be as valid as if done by the county surveyor. [R. S. 1845, p. 524, § 5.

3. Chainmen, etc. 3. The necessary chainmen and other persons must be employed by the person requiring the survey done, unless otherwise agreed, but the chainmen must be disinterested persons, and approved of by the surveyor, and sworn by him to measure justly and impartially to the best of their knowledge and ability.

[R. S. 1845, p. 524, §6; Pearsons v. Bailey, 1 Scam. 507.

4. Surveyor to make surveys. § 4. It shall be the duty of the county surveyor, either by himself or his deputy, to make all surveys that he may be called upon to make within his county, as soon as may be after application is made. [R. S. 1845, p. 524, § 4.

5. County to procure field notes-deposit of same-surveys. 5. The county board of the county which has not heretofore procured a copy of the original field notes and plats of the United States surveys of the lands in such county, shall procure such copies from the custodian of the originals of such field notes and plats at the cost of the county. The copies of such field notes and plats which have been or shall be procured hereafter by any county shall be deposited and kept in the office of the recorder of the county, and be at all reasonable times subject to examination by all persons who may desire to examine the same. The county surveyor shall make all surveys, either by himself or deputies, in accordance with the original surveys and the laws of the United States governing surveys. [R. S 1845, p. 524, 7.

6. Corners-copies of field notes and surveys. 6. For the purpose of perpetuating every survey, he shall establish the corners by taking bearing trees and noting particularly their course and distance and where *1051] there are no trees within a reasonable distance the corners shall be marked by stones firmly placed in earth, or, when that is not practicable, by mounds. He shall also, when requested, furnish the person for whom the survey is made a copy of the original field notes and plat of the survey. [R. S. 1845, p. 524, § 7.

7. Surveyor's record-evidence--penalty. $ 7. Every county surveyor shall be furnished by the county, with a well bound book in which he shall carefully and legibly record and note down every survey made by him, giving the date of the survey, the name of the person whose land is surveyed, the metes and bounds of the land, as near as practicable, and the date on which the survey was made. Such record shall be the property of the county and shall be kept in the office of the recorder of the county and shall be subject to the inspection of any person who may think himself interested; and a certified copy thereof under the hand of the recorder or surveyor or successor in office shall be prima facie evidence of the facts therein stated. Every county surveyor who shall refuse or neglect to record any survey made by him within sixty days after such survey is made as herein provided, shall forfeit and pay a penalty of one hundred dollars for each and every survey not thus recorded, to be recovered by any person who will sue for the same; one-half for the use of the person suing, and one-half for the use of the county in which the failure so to record occurred; or the surveyor, for every such refusal or neglect to record a survey within sixty days after the same is made shall be fined not less than fifty nor more than one hundred dollars, to be recovered as other fines by com plaint, information or indictment, and when collected to be paid into the county treasury of the county in which the refusal or neglect occurred, to become part of the current revenue of the county. [4 [As amended by act approved June 4, 1835. In force July 1, 1885. L. 1885, p.

[R. S. 1845, p. 524, 7: Kyle v. Town of Logan, 87 Ill. 64: Waterman v. Raymond, 34 Ill. 42; Turney v. Goodman, 1 Scam. 184; Rockwood v. Poundstone, 38 Ill. 199, Gooding v. Morgan, 70 Ill. 275.

8. Surveys not conclusive. § 8. No act or record by any sur veyor, or his deputy, as aforesaid, shall be conclusive, but may be re

viewed by any competent tribunal in any case where the correctness thereof may be disputed. [R. S. 1845, p. 524, § 8.

9. Delivery to successor. 9. It shall be the duty of every County surveyor, or other person having the official record of such surveyor in his possession, to deliver up the said record to his successor, whenever he may be applied to for that purpose; and every person, who, having possession thereof, will refuse to deliver the same to such successor, when demanded, shall forfeit and pay $1.50 for every day he may detain it after demand, to be recovered by any person who will sue for the same before any justice of the peace of the proper county, one-half to the use of the person suing, and the other half to the use of the county. [See "Criminal Code," ch. 38, § 216. R. S. 1845, p. 524, 8. 10. United States field notes. 10. As soon as the present custodian of the original field notes of the United States surveys, transferred from the United States surveyor-general's office to this State, pursuant to act of congress, shali complete the copying thereof pursuant to law, and the new State house is ready for occupation by the State officers, said custodian shall deposit said field notes, and the said copies, and all papers and documents pertaining thereto, in the office of the auditor of public accounts, and thereupon the office of said custodian shall cease, and said field notes and copies shall be and remain in the custody of the auditor of public accounts, and copies thereof made and certified by him under his official seal, shall be competent evidence.

UNITED STATES COAST AND GEODETIC SURVEY. AN ACT relating to the operations of the United States coast and geodetic survey. [Approved April 21, 1881. In torce July 1, 1881. L. 1881, p. 154.

*11. May enter on land and erect works. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any person employed under and by virtue of an act of congress of the United States, approved the tenth day of February, one thousand eight hundred and seven, and of the supplements thereto, for the survey of the coasts of the United States, or under the direction of congress, to form a geodetic connection between the Atlantic and Pacific coasts, and to furnish triangulation points for State surveys, may enter upon lands within this State for the purpose of exploring, triangulating, leveling, surveying, and of doing any other act which may be necessary to carry out the object of said laws, and may erect any works, stations, buildings and appendages requisite for that purpose, doing no unnecessary injury thereby.

*12. May condemn land. § 2. If the parties interested cannot agree upon the amount to be paid for damages caused thereby, the United States of America may proceed to condemn said land as provided by "An act to provide for the exercise of the right of eminent domain." [Approved Apr 10, 1872. In force July 1, 1872. Ante, p. 646.

13. Penalty for injuring signal building, etc. 3. If any person shall willfully deface, injure or remove any signal, monument, building or other property of the United States coast and geodetic survey, constructed or used under or by virtue of the acts of congress atoresaid, he shall forfeit a sum not exceeding fifty dollars for each offense, and shall be liable for damages sustained by the United States, in an action on the case in any court of competent jurisdiction.

SWAMP LANDS.

The original act upon this subject (L. 1852, p. 178) has been frequently amended. A large number of the amendatory acts are purely local, and taken together are quite voluminous. Few of the lands remain undisposed of by the counties to which they were granted. It is not probable that it would have proved satisfactory to have given the acts which are general in their terms, without also giving those which are local. For these reasons all are omitted. The county boards of the counties not under township organization are made successors to the county courts in all county affairs, and all the powers bestowed upon the county courts with reference to these lands can be exercised by the county boards. [R. S. 1874, P. 1051. See "Counties," ch. 34, § 46, p. 368.

[*1052]

SECTION

Chapter 134.

TELEGRAPH COMPANIES.

SECTION

I. Act applies to all telegraph com- 6. Refusal to receive or transmit dis

AN ACT to revise the law in relation to telegraph companies. [Approved March

24, 1874. In force July 1, 1874.]

1. Act applies to all telegraph companies. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every company heretofore incorporated under any general or special law, or which may be incorporated under any general law of this State for the construction or operation of any telegraph line through or in this State, shall possess the powers and privileges and be subject to the duties, restrictions and liabilities prescribed in this act.

[Reed v. Bradley, 17 Ill. 325.

2. Eminent domain. 2. Every such company may enter upon any lands for the purpose of making surveys and examinations with a view to the erection of any telegraph line, and take and damage private property for the erection and maintenance of such lines, and may, subject to the provisions contained in this act, construct lines of telegraph along and upon any railroad, road, highway, street or alley, along or across any of the waters or lands within this State, and may erect poles, posts, piers or abutments for supporting the insulators, wires and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the railroad, highway, street or alley, or interrupt the navigation of such waters. [L. 1849, p. 188, § 5. See

chap. 47.

3. How compensation made. 3. When it shall be necessary, for the construction, alteration or repair of any line of telegraph, to take or damage any property, the same may be done and the compensation therefor ascertained and made in the manner which may be at that time provided by law for the exercise of the right of eminent domain. [See Eminent Domain," ch. 47. L. 1849, p. 188, § 6.

4. Consent necessary to erect poles, etc., on roads, streets, etc.-record-alteration. 4. No such company shall have the right to erect any poles, posts, piers, abutments, wires or other fixtures of their lines along or upon any road, highway, or public ground, outside the corporate limits of a city, town or village, without the consent of the county board of the county in which such road, highway, or

public ground is situated, nor upon any street, alley or other highway or public ground, within any incorporated city, town or village, without the consent of the corporate authorities of such city, town or village. The consent herein required must be in writing, and shall be recorded in the recorder's office of the county. And such county board, or the city council, or board of trustees of such city, town or village, as the case may be, shall have power to direct any alteration in the loca tion or erection of any such poles, posts, piers or abutments, and also in the height of the wires, having first given the company or its agent opportunity to be heard in regard to such alteration.

5. Penalty for injuring telegraphs. § 5. Any person who shall unlawfully and intentionally injure, molest or destroy any of said lines, posts, piers or abutments, or the materials or property belonging [*1053] thereto, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not exceeding $500, or imprisonment in the penitentiary not exceeding one year, or both, at the discretion of the court having cognizance thereof. Prosecutions under this act shall be by indictment in any court having criminal jurisdiction. [See "Criminal Code," ch. 38, § 197. L. 1849, p. 189, § 7.

6. Refusal to receive or transmit dispatches. 6. If any company or person owning or operating any telegraph line in this State shall refuse to receive any dispatch from any other company or person owning or operating any telegraph line in this State, or shall refuse or willfully neglect to transmit the same in good faith, and without partiality, the company or person so offending shall forfeit all rights and franchises acquired under the laws of this State, and shail forfeit all right to transact telegraph business in this State, and may be enjoined therefrom by bill of complaint filed in any court of competent jurisdiction, and be liable to pay all damages which shall accrue, by reason of such refusal, to the company or person offering such dispatch for transmission. [L. 1849, p. 189, § 9.

7. Messages sent in order of reception-suppression revealing contents. § 7. It shall be the duty of all persons employed in transmitting messages by telegraph, to transmit them in the order in which they are received; and any person who shall fail so to transmit a message, or who shall suppress a message, or who shall make known the contents of a message to any person other than the one to whom it is addressed, or his agent, shall be deemed guilty of a misdemeanor, and be punished by a fine not exceeding $1,000.

[L. 1849, p. 189, § 11. Tyler, etc., v. W. U. T. Cɔ., 60 III. 421; W. U. T. Co. v. Tyler, etc., 74 Ill. 168: Morgan v. People, 59 Ill. 58; Mattison v. Noyes, 25 Ill. 591.

8. Transmitting falsehoods. 8. Whoever shall transmit or cause to be transmitted by telegraph, from any place in this State to any other place in this State or elsewhere, any falsehood, knowing the same to be such, shall be fined in any sum not exceeding $500. [L. 1861, p. 211, § 1.

9. Aiding rebellion, riots, etc. 9. Any person who, for the purpose of inciting or aiding rebellion, riot or insurrection in this State against the government or laws of this State or of the United States, or a hostile invasion of this State, shall transmit or cause to be transmitted by telegraph any communication whatever, shall be imprisoned in the penitentiary not exceeding ten years. [2d L. 1861, p. 21, § 2

10. Penalty. 10 Any telegraph operator or person employed in any telegraph office in this State, or any other person, who shall, knowing the design thereof, deliver or cause to be delivered any communication prohibited by the preceding section of this act, to any person other than the proper officer, agent or employees of this State or the United State, shall be subject to indictment and, on conviction, to the punishment provided in said section. [2d L. 1861, p. 21, § 3. AN ACT to permit the use of public highways, streets and alleys and private roads leading to such highways, streets and alleys outside of incorporated cities, villages and towns, for the purpose of constructing, operating and maintaining private lines of telegraph or telephone, and to prescribe penalties for the injury or obstruction of such lines. Approved June 18, 1883. In force July 1, 1883. L. 1883, p. 173.

**11. Who may construct telegraph and telephone lines. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be lawful for any person or persons living on the Jine of any public highway, street or alley outside of any incorporated city, village or town in this State, or on any private road leading to such highway, street or alley, to construct, operate and maintain a line or lines of telegraph or telephone, ex

tending from house to house, as the parties interested in the construction of such lines may desire.

*12. Poles in streets. 22. For the purpose of constructing and maintain

ing such lines of telegraph or telephone, the parties in interest may set the necessary poles or posts on which to place the wires and insulators of such lines, in any of the public streets, highways or alleys, or in any private road leading to such highways, streets or alleys outside of the incorporated cl ies, villages or towns in this State along which such lines may pass : Provided, such poles or posts shall be placed along the boundaries of such highways, streets or alleys, at such dist nces therefrom as the authorities, having control thereof, may direct: And, provided, further, that the wires necessary for such lines shall not be less than fifteen feet above the ground along such boundaries, and not less than twenty feet at any public or private crossing, and shall be so placed as not, in any manner, to interfere with such crossing,

*13. Penalty for injuring. 3. Any person who shall unlawfully and intentionally injure, molest or destroy any of said lines or the material or property belonging thereto, or shall in any manner interfere with the proper working of such lines, shall, on conviction thereof, be deemed guilty of a misdemeanor and be punished by a fine not exceeding one hundred dollars; said fine to be recoverable in any court having jurisdiction of the same: Provided, that prosecution under the foregoing provision of this section shall not, in any manner, prevent a recovery by the person or persons entitled thereto, of the amount of damages done to such lines.

AN ACT relating to telegraph, telephone, electric light and other wires, poles and cables. [Approved June 16, 1887. In force July 1, 1887. L. 1887, p. 298.]

*14. Attachments to building — no prescriptive right. SEC. 1. Be it enacted by the People of the State of Illinms, represented in the General Assembly, Whenever any wire, pole or cable used for any telegraph, telephone, electric light or other electric purpose, or for the purpose of communication, is or shall be attached to, or does or shall extend upon or over any building or land, no lapse of time whatever shall raise a presumption of any grant of, or justify a prescriptive right to, such attachment or extension.

1. Of personal property. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly. That when any note, bond, bill or other instrument in writing, is for the payment or delivery of personal property other than money, and no particular place is specified therein for such payment or delivery, the maker may tender such personal property on the day of payment or delivery, at the place where the obligee or payee resided or had his place of business at the time of the execution of the instrument. If such personal property is too ponderous to be easily moved, or the obligee or payee had not, at the time of the execution of such instrument, a known place of residence or business in the county where the maker resided, or had his place of business, then tender may be made at the place where the maker resided or had his place of business at the time of the execution of the instrument. A tender made in pursuance of this section shall be equally valid, in case the instrument is assigned, as if no assignment had been made.

R. S. 1815, p. 386, 12; Woods v. Diai, 12 Ill. 72: McPherson v. Hall, 44 Ill. 264: Borah v. Curry, 12 I. 66: Vanhooser v. Logan, 3 Scam. 389; Phelps v. McGee, 18 Ill. 155; Deere v. Lewis, 51 Ill. 254; Kerny v. Gardner, 27 Ill. 163; Anderson v. White, 27 Ill. 63; Barnard v. Cushman, 35 Ill. 452; Conway v. Case, 22 Ill. 130; Fitzhugh v. Smith, 62 Ill. 486: Sanborn v. Benedict, 78 Ill. 309; McPherson v. Gale, 40 Ill. 368; Marshall v. Gridley, 46 Ill. 247: Bilder back v. Burlingame. 27 111. 338; Smith v. Dunlap, 12 Ill. 184; Sleuter v. Wallbaum, 45 IIL 45; Webster v. French, 11 Ill. 254; Johnson v. Dodge, 17 Ill, 442; Dwen v. Blake, 44 Ill. 141; Snyder v. Spaulding, 57 Ill. 488; Blunt v. Tomlin, 27 Ill. 93; Allin v. Millison, 72 Ill. 201.