*133. Legalizing acts. § 2. In all cases where, during the year A. D. 1874 or 1875, commissioners of highways were elected and have qualified and entered, or may hereafter qualify and enter upon the discharge of their official duties, such elections and official acts shall be considered as lawful and be of full legal force and effect.

*134. Compensation of treasurer. 3. The treasurer of the board of highway commissioners shall receive for his services as such treasurer, such compensation as may be agreed upon by said board, not exceeding two per cent. on all moneys he may receive and pay out, except such moneys as he may pay over to his successor in office, such compensation to be fixed by resolution of the board at the time such treasurer is appointed, and no other and different sum shall be allowed such treasurer during his term of office. [As amended by act approved May 11, 1877. In force July 1, 1877. L. 1877, p. 215.

*135. Emergency. § 4. Whereas, no law is now in force providing for the election of commissioners of highways, therefore an emergency exists, and this law shall be in force from and after its passage.

AN ACT to authorize county boards in counties under township organization to organize certain territory situated therein as a town. [Approved May 23, 1877. In force July 1, 1877. Laws 1877, p. 212.]

*136. Territory of city organized as town. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county board, in any county under township organization, may provide that the territory embraced within any city in such county shall be organized as a town: Provided, such territory shall have a population of not less than three thousand: And, provided, the city council in such city shall by resolution request such action by the county board.

[People v Brayton. 94 Ill. 342.

*137. Town in city. § 2. The territory of any city now organized, within the limits of any county under township organization, and not situated within any town, shall be deemed to be a town.

4. The powers

*138. Election of officers. § 3. All town officers within any town organized as aforesaid shall be elected at the annual charter election of such city. All general elections held in such city and town shall be held at the same voting places as the city elections, with judges and clerks appointed in like manner as for the city elections. *139. Powers exercised by council. vested in such town shall be exercised by the city council. *140. What city council may provide. $5. The city council in such city and town may by ordinance provide that the officers of city and town clerk shall be united in the same person; that the officers of treasurer and town collector shall be united in the same person; that the election of highway commissioners shall be discontinued; that the offices of supervisor and poormaster shall be separated and the poormaster appointed by the city council. [As amended by act approved June 18, 1883. In force July 1, 1883. L. 1883, p. 174.

*141. May regulate the number of justices. § 6. The city council in such city and town may from time to time regulate the number of justices of the peace, police magistrates and constables to be elected within such city and town; but the number elected to either of

such offices shall not exceed the number allowed by law to other towns

of like population.
*142. Vacancies.

7. Vacancies in any of the town offices

within such city and town may be filled by the city council.

AN ACT to protect manufacturers, bottlers and dealers in ale, porter, lager beer, soda, mineral water and other beverages, from the loss of their casks, barrels, kegs, bottles and boxes [Approved May 2, 1873. In force July 1, 1873.]

1. Certificate of mark or stamp filed, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all persons engaged in the manufacture, bottling or selling of ale, porter, lager beer, soda, mineral water' or other beverages, in casks, barrels, kegs, bottles or boxes, with their names or other marks of ownership stamped or marked thereon, may file in the office of the secretary of State, and also in the office of the county clerk of the county in which such articles are manufactured, bottled or sold, a description of the names or marks so used by them, and cause the same to be printed for six successive weeks in a weekly newspaper, printed in the English language, in counties where no daily newspaper is printed or published; and in counties where a daily newspaper is printed and published, the same shall also be published in a daily newspaper of general circulation, printed in the English language, six times a week, for six successive weeks, in counties where such articles are manufactured, bottled or sold.

2. Penalty for using or destroying. 2. It is hereby declared to be unlawful for any person or persons, hereafter, without the written consent of the owner or owners thereof, to fill with ale. porter, lager beer, soda, mineral water or other beverage, or any other articles of merchandise, medicine, compound or preparation, for sale or to be furnished to customers, any such casks, barrels, kegs, bottles or boxes so marked or stamped, or to sell, dispose of, buy or traffic in, or wantonly destroy any such cask, barrel, keg, bottle or box so marked or stamped by the owner or owners thereof, after such owner or owners shall have complied with the provisions of the first section of this act. Any person or persons who shall violate any provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace or police magistrate in this State, shall be fined $5 for each and every cask, barrel, keg or box, and 50 cents for each and every bottle so by him, her or them filled, bought, sold, used, trafficked

in or wantonly destroyed, or by him, her or them caused to be so filled, bought, sold, used, trafficked in or wantonly destroyed, together with the costs of suit for the first offense, and $10 for each and every cask, barrel, keg and box, $1 for each and every bottle so filled, bought, sold, used, trafficked in or wantonly destroyed, or caused to be so filled, bought, sold, used, trafficked in or wantonly destroyed, together with the costs of suit, for each subsequent offense.

[*1085]

3. Evidence-penalty. § 3. The using by any other person than the rightful owner thereof, without such written permission, of any such cask, barrel, keg, bottle or box, for the sale therein of ale, porter, lager beer, soda, mineral water or other beverage, or any other article of merchandise, medicine, compound or preparation, or to be furnished to customers, or the buying, selling or trafficking in any such barrel, cask, keg, bottle or box, by any person other than the owner, without such written permission, or the fact that any junk dealer or dealer in casks, barrels, kegs, bottles or boxes shall have in his or her possession any such cask, barrel, keg, bottle or box so marked or stamped and registered as aforesaid, without such written permission, shall and is hereby declared to be prima facie evidence that such use, buying, selling, trafficking in or possession is unlawful, within the meaning of this act; and any person or persons found guilty of any such use, buying, selling, trafficking in or having in possession any such cask, barrel, keg, box or bottle, without such written permission, shall be liable to be arrested and fined, as provided in the second section of this act; and it is hereby declared to be the duty of any justice of the peace or police magistrate within this State, upon oath having been made in writing before him by any owner, or by the agent of any owner or owners, that any person has violated any of the provisions of this act, to immediately issue his warrant and cause such person or persons so accused to be brought before him, and proceed to try such accused party, as in cases of assault and battery; and in case such accused party shall be found guilty of having violated any of the provisions of this act, shall assess the fine as provided in the second section of this act; such fine and costs to be collected as provided by law in other cases of misdemeanor.

4. Search warrant. § 4. In case the owner or owners of any cask, barrel, keg, bottle or box so marked, stamped and registered as aforesaid, shall, in person or by agent, make oath in writing, before any justice of the peace or police magistrate, that he has reason to believe and does believe that any manufacturer or bottler of ale, porter, lager beer, soda, mineral water or other beverage, or any other person, is using in any manner, by this act declared to be unlawful, any of the casks, barrels, kegs, bottles or boxes, of such person or his principal, of that any junk dealer or dealer in casks, barrels, kegs, bottles or boxes, or any other dealer, manufacturer or bottler has any such cask, barrel, keg, bottle or box secreted in, about or upon his, her or their premises, the said justice of the peace or police magistrate shall issue his search warrant and cause the premises designated to be searched, as in other cases where search warrants are issued, as is now provided by law; and in case any such cask, barrel, keg, bottle or box, duly marked or stamped and registered as aforesaid, shall be found in, upon or about the premises

so designated, the officer executing such search warrant shall thereupon arrest the person or persons named in such search warrant and bring him, her or them before the justice of the peace or police magistrate who issued such warrant, who shall thereupon hear and determine such case, and if the accused is found guilty, he, she or they shall be fined as provided in the second section of this act. [See "Criminal Code,” ch. 38, p. 521, SS 372-380.

5. Costs-disposition of fines. 5. All costs incurred in the enforcement of the provisions of this act shall be assessed and collected in the same manner as in criminal cases, and all fines collected by virtue of this act shall be turned over by the justice of the peace or police magistrate collecting the same, in the same manner and for the same purpose as fines in cases of assault and battery are now by law disposed of. [See "Schools," ch. 122, § 82.

AN ACT providing for the trial of the right of property and claims of exemption in the county court. [Approved April 9, 1875. In force July 1, 1875. L. 1875, p. 69.]

*1. Proceedings for. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever an execution or writ of attachment, issued from any court of record, shall be levied by any sheriff or coroner upon any personal property, and such property shall be claimed by any person other than the defendant in such execution or attachment, or shall be claimed by the defendant in execution or attachment as exempt from execution or attachment by virtue of the exemption laws of the State, by giving to the sheriff or coroner notice, in writing, of his claim, and intention to prosecute the same, it shall be the duty of such sheriff or coroner to notify the judge of the county court of such claim.

*2. Trial in county court. 2. The judge of the county court shall thereupon cause the proceeding to be entered on the docket of the county court, and the claimant shall be made plaintiff in the proceeding before the county court, and the plaintiff in the execution or attachment shall be made defendant in such proceeding.

*3. Notice. 3. The clerk of the county court shall thereupon issue a notice, directed to the plaintiff in the execution or attachment, notifying him of such claim, and of the time and place of trial, which time shall be not more than ten days nor less than five days from the date of such notice.

*4. Service of notice-continuance. § 4. Such notice shall be served by the sheriff or coroner of any county where the plaintiff in execution or attachment may be found, in like manner as summonses in chancery are served, at least five days before the day of trial; and if such notice shall be served less than five days before the day of trial, the trial shall, on demand of either party, be continued for a period not exceeding ten days.

*5. Notice by publication. 5. In case the sheriff or coroner shall make return on such notice that the plaintiff in the execution or attachment cannot be found, the proceeding shall be continued for a period not exceeding ninety days, and the plaintiff in the execution or attachment shall be notified of such proceeding by publication, in like manner as non-resident defendants are notified in chancery cases.

*6. Entering appearance. § 6. If the plaintiff in the execution or attachment, or his attorney, shall, at least five days before the day of trial, file with the clerk of the county court a paper entering his appearance in such proceeding, then it shall not be necessary to notify such plaintiff as above provided.

*7. Trial-pleadings-jury. 7. The trial shall be had without written pleadings, before the county judge, in the same manner as other trials before the county court, and may be by a jury if either party demand one.

*8. Trial by jury. § 8. If a jury shall be demanded by either party, the judge shall direct the county clerk to issue a venire for twelve competent jurors, unless the parties to such proceeding shall elect to have the same tried by six jurors, and deliver the same to the sheriff or coroner, who shall summon such jurors from the body of the county to be and appear before such court at the time set for the return of such venire; and if, by reason of non-attendance, challenge or otherwise, said jury shall not be full, the panel may be filled by talesmen. Said court shall have the same power to compel the attendance of jurors and witnesses as the circuit court has, and shall be governed by the same rules in impaneling a jury.

*9. Subpenas for witnesses. 9. The county clerk shall issue subpenas for witnesses on the demand of either party.

*10. Judgment-exempt property-costs. § 10. In case the property shall appear to belong to the claimant when the claimant is any person other than the defendant in execution or attachment, or in case the property shall be found to be exempt from execution or attachment, when the claimant is the defendant in the execution or attachment, judgment shall be entered against the plaintiff in the execution or attachment for the costs and the property levied on shall be released. If it shall appear that the property does not belong to the claimant, or is not exempt from execution or attachment, as the case may be, judgment shall be entered against