be the duty of the auditor to immediately notify the attorney-general thereof, and it shall be his duty to represent the State in all such claims. All evidence in support of, or against such claims shall be taken in writing in the same manner in which depositions in cases in chancery are usually taken, and, together with all documentary or other evidence, shall be filed with the auditor of public accounts, prior to the day fixed for the sitting of said commission, and no other evidence shall be received by said commission on the hearing of any such claim.

*5. Report to governor, etc. § 5. The auditor shall, in his biennial report to the governor, include a detailed statement of all such awards, and said statement shall be laid before the two houses of the general assembly at its session held next after the filing of said awards. *6. Compensation. § 6. Neither the auditor or any of said judges shall receive any additional pay or compensation by the reason of any service rendered under the provisions of this act.

*7. Effect of rejecting claims. § 7. In case said commission shall reject any claim, so filed as aforesaid, upon the hearing thereof, such rejection shall conclude all parties thereto, unless said commission shall, in their award thereon, otherwise direct.

*8. Jurisdiction. 8. The jurisdiction conferred upon said commission by this act shall be, and is hereby declared to be, exclusive.

AN ACT in regard to the jurisdiction of the Commission of Claims. [Approved May 30, 1881. In force July 1, 1881. L. 1881, p. 60.

*9. Jurisdiction. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Commission of Claims is hereby given jurisdiction in all cases of claims against the State for the taking or damaging of private property by the State for public purposes, in the construction or for the use of any State institution, river, canal or other public improvements. Nothing in this act shall be so construed as to remove or repeal the bar of any statute of limitations against any such claim, nor shall the same be so construed as to give the commission jurisdiction of any claim growing out of the construction of the dam across the Illinois river at Henry, Illinois, or the dam across the Little Wabash river at New Haven, Illinois, nor to any claim heretofore passed upon by said commission or the General Assembly.

*10. May go on premises-compensation. § 2. Said commission may go upon the premises alleged to have been taken or damaged, or may appoint a competent surveyor to go upon such land, and report such notes and profiles to said commission as the commission may direct. Said commission may award such survevor a reasonable compensation for such services.

Chapter 27.

COMMON CARRIERS.

SEC. 1. Not to limit his common-law liability in receipt,

[*268]

AN ACT to fix the liability of common carriers receiving property for transportation. [Approved March 27, 1874. In force July 1, 1874.]

1. Common-law liability. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any property is received by a common carrier, to be transported from one place to another, within or without this State, it shall not be lawful for such carrier to limit his common-law liability safely to deliver such property at the place to which the same is to be transported, by any stipulation or limitation expressed in the receipt given for such property.

[As to Railroads, see ch. 114, §82; Warehousemen, ch. 114, 8129; Merchants' Dispatch T. Co. v. Theilbar, 86 Ill. 71; C. B. & Q. R. R. Co. v. Hale, 2 Brad. 150; Merchants' Dispatch, etc., Co. v. Leysor, 89 Ill. 431 Same v. Joesting, 89 Ill. 152; Parmelee v. Lowitz, 74 Ill. 116; Milwaukie & St. P. Ry. Co. v. Smith, 74 Ill. 197 Chicago & N. W. Ry, Co. v. Dickinson, 74 Ill. 249; Erie Railway Co. v. Wilcox, 84 Ill. 239.

AN ACT to revise the law in relation to the common law. [Approved March 5, 1874. In force July 1, 1874.]

1. Rule of decision. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the common law of England, so far as the same is applicable and of a general nature, and all statutes or acts of the British parliament made in aid of, and to supply the defects of the common law, prior to the fourth year of James the First, excepting the second section of the sixth chapter of 43d Elizabeth, the eighth chapter of 13th Elizabeth, and ninth chapter of 37th Henry Eighth, and which are of a general nature and not local to that kingdom, shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority.

[R. S. 1845, P. 337, 81; Rees v. Peltzer. 75 Ill. 475; Lavalle v. Strobel, 89 Ill. 371; Penny v. Little, 3 Scam. 303; C. R. I. & P. R. Co. v. Joliet, 79 Ill. 25; Middleton v. Pritchard, 3 Scam. 510; Quincy v. Jones, 76 Ill. 231; Boyer v. Sweet, 3 Scam. 120; Kuhlman v Hecht, 77 Ill. 571; Stewart v. People, 3 Scam. 395; Guest v. Reynolds, 68 Ill. 478; Plumleigh v. Cook, 13 III. 669; Tinkler v.Cox, 68 III. 119; Crouch v. Hall, 15 Ill. 263; P. Co. v. Fairchild, 69 Ill. 260; Burton v. Curyea, 40 Ill. 321; Evans v. Anderson, 78 Ill. 558; Cook v. Kenick, 19 Ill. 598; Besse v. Pellochoux, 73 Ill. 285; Fisher v. Deering, 60 Ill. 114: R. R. Co. v. Express Co., 81 Ill. 535; Little v. Smith, 4 Scam 400; Thompson v. Weller, 85 Ill. 197; Smith v. People, 25 Ill. 17; Johnson v. People, 22 Ill. 314.

AN ACT in regard to contracts under seal, and relating to sales of real estate and the enforcement thereof. [Approved March 19, 1872. În force July 1, 1872. L. 18712, p. 279.]

1. Seal. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any instrument of writing, to which the maker shall affix a scrawl by way of seal, shall be of the same effect and obligation, to all intents, as if the same were sealed.

[R. S. 1845, p. 421, § 56; Doe v. McMahon, 3 Scam, 12; Davis v. Burton, 3 Scam. 41; McLean v. Wilson, 3 Scam 50; Eames v. Preston, 20 Ill, 389; Schwarz v. Her renkind, 26 III. 208; Vance v. Funk, 2 Scam, 263; Hamilton v. Hamilton, 27 Ill 158; Thorne v. Prentiss, 83 Ill. 99.

2. Enforcement of contract in case of death, etc. § 2. When any person, who has heretofore entered, or may hereafter enter into any contract, bond or memorandum in writing, to make a deed or title to land in this State, for a valuable consideration, and shall have died, or become a lunatic, or insane, without having executed and delivered said deed, it shall and may be lawful for any court, having chancery jurisdiction, in the county where the land, or some part thereof, may be situated, to make an order compelling the executors or administrators of such deceased person, or conservator of such lunatic or insane person, to execute and deliver such deed to the party having such equitable right, as aforesaid, to the same, or his heirs, according to the true intent and meaning of said contract, bond or memorandum; and all such deeds shall be good and valid in law.

[As amended by act approved and in force April 24, 1873; R. S. 1845, P. 109. $31; Eaton v. Bryan, 18 Ill. 525; Walker v. Douglas, 70 l. 448; Duncan v. Wickliffe, 4 Scam, 452; Sutherland v. Parkins, 75 Ill. 339; Gilham v. Carnes, Breese, 164; Greenbaum v. Austrian, 70 Ill. 591; Burger v. Potter, 32 Ill. 66; Forman v. Stickney, 77 III Mix v. Beach, 46 Ill. 311; Bright v. Bright, 41 Ill. 97: Kurtz v. Hibner, 55 III. 514; ood v. Thornly, 58 Ill. 468; Bennett v. Waller, 23 Ill. 97; King v. Gilson's Adm'x, 32 Ill. 354; Rockwell v. Servant, 54 Ill. 251.

3. Petition-notice-performance of contract. 3. It shall not be lawful for any court to make such order, except upon the petition, in writing, of the person entitled to the benefit of the same, or his heirs, setting forth the said contract, bond or memorandum in writing, and fully describing the lands to be conveyed, nor until the person or persons so applying for such title shall have given reasonable notice

of the time and place of such application to the executor, administrator and heirs of such person so deceased, or conservator of such lunatic or insane person, and shall have fully paid, discharged and fulfilled the consideration of such contract, bond or memorandum in writing, as to the premises sought to be conveyed to the petitioner, or the petitioner shall be entitled in equity to a conveyance, according to the true intent, tenor and effect thereof. [R. S. 1845, p. 109, $ 32.

4. Proceeding by executor, etc. $4. The executor, administrator, or heirs of any deceased person who shall have made such contract, bond or memorandum in writing, in his life-time, for the conveyance of land, for a valuable consideration, or the conservator of any lunatic or insane person who shall have made such contract, bond or memorandum in writing before his lunacy or insanity, when such consideration has been paid and fulfilled as aforesaid, or a conveyance ought to be made, may, upon application in writing, obtain such order [*271] upon giving notice to the party to whom such deed is intended to be made, and under the same condition as is provided in this chapter. [R. S. 1845, p. 109, 34.

5. Service on minor heirs. § 5. In all cases where any minor heirs shall be interested in such proceedings as aforesaid, reasonable notice of such application shall be given to the guardian of such minors; and if there shall be no guardian, then the said court shall appoint a guardian to litigate and act in such case. [R. S. 1845, p. 109, § 33.

6. Continuance - decree. § 6. In all cases where application shall be made as aforesaid, the court shall have power to continue the same from term to term, to obtain such evidence as the nature of the case shall require; and no decree for the conveyance of land, upon application as aforesaid, shall be made, unless the said courts shall be satisfied that decree can be made without injustice to any heir or creditor of the deceased, or the estate of such lunatic or insane person, and that the same is just and equitable. [R. S. 1845, p. 110, $ 35.

7. Record — costs. § 7. A complete record of such petition and proceedings thereon shall be made, and the court shall order payment of costs as shall appear right and equitable. [R. S. 1845, p. 110, $ 36.

8. Guardians and conservators. § 8. Guardians and con. servators of habitual drunkards may sue and be sued under this act, in the same manner and with like effect as in case of idiots or lunatics. [§ 9. Repeal, omitted. See "Statutes," ch. 131, p. 5.