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principal, have his or her personal remedy in any court upon the indorser upon his indorsement, for failure to pay interest or principal, and in case of two successive failures by any person liable to pay the interest on any such bond, such bond shall be held to be due, and the holder may enforce his lien for interest and principal by foreclosure in any court of this State of competent jurisdiction.

*320. Emergency. § 9. (Omitted.)

USE OF STREETS, ETC., BY ELEVATED RAILROADS. AN ACT in regard to the use of streets and alleys in incorporated cities and villages by elevated railroads and elevated ways and conveyors. [Approved June 18, 1833. In force July 1, 1883. L. 1883, p. 126.

*321. Petition of land-owners. § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person or persons, corporation or corporations, shall construct or maintain any elevated railroad or any elevated way or conveyor to be operated by steam power, or animal power or any other motive power, along any street or alley in any incorporated city or village, except by the permission of the city council or board of trustees of such city or village, granted upon a petition of the owners of the lands representing more than one-half of the frontage of the street or alley, or of so much thereof as is sought to be used for such elevated railroad or elevated way or conveyor; and the city council, or board of trustees, shall have no power to grant permission to use any street or alley, or part thereof, for any of the purposes aforesaid, except upon such petition of land-owners as is herein provided for.

*322. When street more than one mile. § 2. When the street or alley, or part thereof, sought to be used for any of the purposes aforesaid, shall be more than one mile in extent, no petition of land owners shall be valid for the purposes of this act, unless the same shall be signed by the owners of the land representing more than one-half of the frontage of each mile and fractional part of a mile, of such street or alley, or of the part thereof sought to be used for any of the purposes aforesaid.

*323. Repeal. § 3. All acts and parts of acts inconsistent here. with are hereby repealed.

CONSTRUCTION AND REPAIR OF DRAINS, ETC.

AN ACT to vest the corporate authorities of cities and villages with power to construct, maintain and keep in repair drains, ditches, levees, dykes and pumping works for drainage purposes by special assessment upon the property benefited thereby [Approved June 22, 1885 force July 1, 1885. L 1885. P.

*324. Grant of power to erect drainage works, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the corporate authorities of cities and villages are hereby vested with power to construct drains, ditches, levees and dykes. to erect pumping works, and to acquire the necessary land and machinery for such purposes, and otherwise to provide for draining any portion of the lands within their corporate limits, by special assessment upon the property benefited thereby.

*325. Works erected by special assessment. § 2. That the corporate authorities of cities and villages are hereby vested with the power to maintain and keep in repair such drains, ditches, levees, dykes, pumping works and machinery and such drainage improvement by special assessment upon the property benefited thereby: Provided, that no lot, block, tract or parcel of land shall be assessed more than once in any one year for such maintenance and repair.

*326. Mode of procedure. § 3. All the proceedings for the making of the improvements in this act mentioned, and for the maintenance and repair thereof, and for the levy and collection of the special assessments to defray the cost of the same, shall be in accordance with the provisions of article nine of the general act for the incorporation of cities and villages, approved April ten, eighteen hundred and seventytwo. [See p. 245.

TO LEGALIZE CERTAIN ELECTIONS.

AN ACT to legalize certain elections held under "An act to provide for the incorporation of cities and villages," approved April ten, eighteen hundred and seventy-two, in force July one, eighteen hundred and seventy-two. [Approved and in force June 22, 1885. L. 1885, p. 61.]

*327. Certain elections legalized. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any city, town or village since the amendment of section one, article one, of chapter twentyfour, of the Revised Statutes, approved February twenty-six, eighteen hundred and eighty-one, has held an election to incorporate as a village or city under the general law, and such election has been held on some other day than the days in said section one of said statute provided, or if the returns of any election heretofore held to incorporate any city or village under the general law, have not been entered upon the records of such city or village or the county court, showing the canvass of votes and the result of such election, and a certified copy of such records filed and recorded in the office of recorder of deeds in the county in which such city or village is situated, and filed in the office of the secretary of State; such elections so held by any such village, city or town, if in other respects in compliance with the law, are hereby declared legal and valid: Provided, such returns of such elections are now or shall be made within three months from the date upon which this act becomes effective, and certified copies of the same filed and recorded as required in section thirteen of the act to which this bill refers, and all elections of officers and organizations of any cities or villages in the State, under and by virtue of any such elections, if otherwise according to law, are hereby legalized and made effective, and all the acts of any such cities or villages, if otherwise legal, are also hereby made valid and binding.

*328. Emergency. § 2. Whereas, the election for city and village officers under said statute will occur on the third Tuesday of April, wherefore an emergency exists, therefore this act shall be in force from and after its passage.

REFUNDING ILLEGAL TAX COLlected.

AN ACT to refund illegal taxes. [Approved June 27, 1885. In force July 1, 1885. L. 1885, p. 61.]

*329. City empowered to refund tax illegally collected. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, whenever, in any of the cities of this State, any taxes for city purposes have been collected and paid into the city treasury without authority of law, and the city council of such cities have caused certificates to be issued to the persons or corporations who have paid such illegal taxes, certifying that such taxes were illegally assessed and collected, the city council of such cities are hereby authorized to make an appropriation as soon as possible after this act shall take effect, for the purpose of refunding such illegal taxes, with six per cent. interest per annum from the date of such certificates, and warrants shall be drawn for the payment of such sams and interest, out of the fund so appropriated, to the persons or corporations who obtained such certificates, or their assignees or legal representatives, in the usual manner prescribed by the charter of said cities, or by the general law: Provided, such certificates are presented to the comptroller of such cities for exchange for warrants within two years after this act shall go into effect. And the treasurers of any such cities shall pay said warrants out of said appropriations.

CONVEYANCE OF SCHOOL PROPERTY.

AN ACT to authorize cities and villages to convey real estate held by them for school or academy purposes to the proper school officers. [Approved June 27, 1885. In force July 1, 1885. L. 1885, p. 59.] Proper

*330. Power to convey to school officers. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any city or village, incorporated under any general or special law of this State, which shall hold any real or personal estate which shall have been conveyed to such city or village, by virtue of any general or special law of this State, or otherwise, for school or academy purposes, is hereby authorized and empowered, by ordinance or resolution of the city council of any such city, and of the president and board of trustees of any such village, to cause such real or personal estate to be conveyed and transferred to the proper school officers, authorized to hold the same, for the use of the district in which such real or personal estate shall be situated, by proper deed or deeds of conveyance, executed by the proper officers of such city or village, under the common seal thereof.

#331. Non-user; reversion; re-conveyance. § 2. That if any real estate, conveyed by virtue of this act, shall, at any time, cease to be used for school purposes, for a period of three years, then it shall be the duty of the school officers, holding the title to such real estate, to convey the same back to said city or village to be by it thereafterward held, enjoyed and disposed of as other corporate property, which condition shall be inserted in any deed made by any such city or village by virtue of this act. Said re-conveyance, in case of the non-use of such real estate, for the period aforesaid, may be compelled and enforced by any tax payer of said city or village by proper proceedings to be instituted by him for that purpose.

*332. Trustees under special charters; to account and cease. 3. That in all cases where any such real or personal estate shall have been under the control of any trustees, appointed or elected by virtue of any general or special law of this State, that whenever such estate shall be conveyed as aforesaid, that the duties of such trustees, in relation thereto, shall cease and determine, and it shall be their duty to immediately settle and adjust all matters relating to such trust or estate and make report to the proper authority of their acts and doings, upon the approval of which said trustees will be released and discharged from the further performance of duty in that behalf. All moneys which may remain in the treasury of such city or village to the credit of any fund connected with the use of such real or personal estate while so held by such city or village shall be used by such city or village for any lawful corporate purpose.

*333. Repeal. 4. That all acts or parts of acts inconsistent with the provisions of this act are hereby repealed,

CONVEYANCE OF LAND FOR SCHOOL PURPOSES. *334. Real estate may be conveyed for school purposes. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any town, city, or village incorporated by a special charter granted by the general assembly of the State of Illinois, holding title to or having an interest in any real estate, may, by proper deed of conveyance, executed by the corporate authorities of said town, city or village, when authorized by ordinance, sell and convey the same to the trustees of schools of the township in which such real estate is situated, to be used as a school site for the school district in which such real estate is situated. [Law May 21, 1887. In force July 1, 1887. L. 1887, p. 127.

REPEALS.

AN ACT to repeal section number four (4) of “An act to amend the charter of the village of Lockport," passed February twelve, eighteen hundred and fifty-three, amended and in force February twenty-six, eighteen hundred and sixty-nine. [Approved June 15, 1887. In force July 1, 1887. L. 1887, p. 128. j

335. Charter of Lockport — repealing section. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section number four of "An act to amend the charter of the village of Lockport. in force February twenty-six, eighteen hundred and sixty-nine, be and the same is hereby repealed.

AN ACT to repeal an act to incorporate the town of Trenton, in the county of Clinton, and State of Illinois. [Approved June 15, 1887. In force July 1, 1887. L. 1887, p. 128.)

336. Charter of Trenton. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That an act entitled "An act to incorporate the town of Trenton, in the county of Clinton, and State of Illinois, approved February sixteen, eighteen hundred and sixty-five," be and the same is hereby repealed.

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AN ACT to revise the law in relation to clerks of courts.

1874. In force July 1, 1874.]

[Approved March 25.

1. Election -term of office. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a Clerk of the Supreme Court in each Grand Division, one Clerk of the Circuit Court of each county, one Clerk of the Superior Court of Cook county, and one Clerk of the Criminal Court of Cook county, shall be elected as provided by law, and shall severally hold their offices until their successors are elected and qualified. [As amended by act approved May 21, 1879. In force July 1, 1879. L. 1879, p. 80. See" Elections,"

ch. 46, 11, 18, 19, 20; Const., art. 6; art. 10. 8-13.

2. Clerks of county courts. 2. The county clerks of the several counties shall be clerks of the county courts of their respective counties. [See Const., art. 6, § 18; art. 10, § 8.

3. Commissions. § 3. The several clerks aforesaid shall be commissioned by the governor. [L. 1849, p. 66, § 18.

4. Bond - oath. 4. Every such clerk shall, before entering upon the duties of his office, give bond, with one or more sureties, to be approved by the judge of the court of which he is clerk, (except that the bond of a clerk of the supreme court, or of the circuit, superior or criminal court of Cook county, may be approved by any two of the judges of his court), which bond shall be in such penalty, not less than $5,000, as may be agreed by such judge or judges, payable to the people of the State of Illinois, and conditioned for the faithful performance of

the duties of his office, and to pay over all moneys that may come to his hands by virtue of his office, to the parties entitled thereto, and to deliver up all moneys, papers, books, records, and other things appertaining to his office, whole, safe and undefaced, when lawfully required so to do; which bond shall be filed in the office of the secretary of State. He shall also, before entering upon the duties of his office, take and subscribe the following oath or affirmation:

I do solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of clerk of according to the best of my ability.

Which oath shall be filed in the office of the secretary of State.

[R. S. 1845, p. 144, § 15; P. 146, 833; P. 147, § 34; L. 1849, p. 63, § 8; Morley v. Town of Metamora, 78 Ill. 394.

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5. Clerks of office hours. $5. The clerks of the supreme court shall keep their offices at

the court-houses, or other places of holding the supreme court [261]

in their respective grand divisions, and shall keep their offices open and attend to the duties thereof from eight o'clock A. M to six o'clock P. M. of each working day. [R. S. 1845, p. 144. $ 15.

6. Clerks of circuit, superior and county courtsoffices office hours. § 6. The clerks of the circuit courts and of the superior and criminal courts of Cook county, and the clerks of the county courts, shall keep their offices at the court-houses of their respective counties, or at such other place as may be provided for them by the authorities of their respective counties, and shall keep their offices open and attend to the duties thereof from eight o'clock A. M. to six o'clock P. M. of each working day.

[R. S. 1845, P. 147, § 35; L. 1849, p. 63, § 8; O'Hara v. King, 52 III. 303; Woodman v. Howell, 45 Ill. 367.

7. Keepers of seals. § 7. The clerks of the said several courts shall be keepers of the seals of their respective courts. [L. 1849, p. 63, $5.

8. Perform duties in person. $8. They shall, in all cases, attend in person to the duties of their offices, respectively, when it is practicable so to do, and shall perform all the duties thereof which can reasonably be performed by one person. [R. S. 1845, p. 395, $7.

9. Deputies. 9. They may, when necessary, appoint deputies, who shall take the same oath or affirmation as is required of the principal clerk, which shall be filed in the office of the secretary of State.

[R. S. 1845, p. 395, § 6; St. Joseph Mfg. Co. v. Doggett, 84 III. 556.

10. Clerk responsible for deputies. § 10. The principal clerk shall, in all cases, be responsible for the acts of his deputies.

[R. S. 1845, P. 395, 86; St. Joseph Mfg. Co. v. Doggett, 84 111. 556. 11. Vacancies - pro tem. clerk. § 11. When a vacancy occurs in the office of clerk of any court of record, whose unexpired term exceeds one year, the court, or, if in vacation, th judge or judges thereof, shall appoint a clerk pro tempore, who shalle qualify by giving

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