consent in writing thereto, the court, justice of the peace, or commissioners, shall also enter of record an order granting the prayer of said petition according to the allegations thereof, and the owners of lands assessed in such district shall pay their respective assessments according to such order, together with interest thereon at the rate of six per cent. per annum from the time the same became due under the prior order. And such finding shall stand in lieu of any other prior order of the court, justice of the peace, or commissioners, in relation to the time of payment of such assessments, and all proceedings to enforce the collection of such assessbenefits under any such prior order shall be stayed. Upon a ment of certified copy of the findings under such petition being presented to the County Collector, treasurer, or collector of such district, he shall stay all proceedings to collect any assessments under such prior order, and the collection of said assessments under the order made in pursuance of said petition shall be enforced in the manner now provided by the law under which such district was organized or other laws in force. *17 1. Commissioners may borrow money-issue bonds, etc. 5. The commissioners of such district may borrow money to an amount of principal and interest, not exceeding ninety per cent. of the amount of assessments unpaid at the time of borrowing, for the construction of the proposed work in said district, and for the payment of any indebtedness they may have lawfully incurred, and may secure the same by bonds bearing interest at the rate of not exceeding six per cent. per annum, and not running beyond one year after the last assessment, or installment of assessment on account of which the money is borrowed shall fall due, which bonds shall constitute a lien upon the assessment for the payment of the principal and interest thereof, or such bonds may be issued to the amount of any one installment not exceeding (90) ninety per cent. thereof, and constitute a lien on such installment alone, falling due in one year after such installment becomes due, but such installment shall be particularly designated in such bond. No irregularity in the proceedings either before or after the organization of the district, or in the assessment of benefits, or in the extension of the time for the payment of the same, shall in any manner affect the validity of the bonds or coupons issued in pursuance of this act. *172. Assessment lien-release. $6 The assessment roll of any district, when recorded in the recorder's office of the county in which the lands are situated, shall constitute a lien on the lands assessed, from the time of filing until paid. The proceedings of the county court shall be a sufficient notice of such lien upon the land situated in the county in which the proceedings are had, and such proceedings shall be a lien until such assessments are paid. When an assessment against any tract of land has been fully paid, it shall be the duty of the treasurer of such district to sign and deliver to the owner of such land a release in full, which shall discharge such owner from all further liability to pay The release may be recorded in the recorder's office of the County where such lands are situated. the same. 173. Emergency. § 7. Whereas the corporate authorities of many drainage districts organized under the laws of this State have ordered the assessments of such districts to be paid in such manner as to become unnecessarily burdensome to the owners of lands therein; therefore, an emergency exists, and this act shall take effect and be in force from and after its passage. CHICAGO DRAINAGE DISTRICT. AN ACT to organize the city of Chicago into a drainage district and to define the powers and duties of the corporate authorities thereof. [Approved June 6, 1887. In force July 1, 1887. L. 1887, p. 126.] *174. Drainage district organized. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the city of Chicago is hereby organized as a drainage district, and the corporate authorities of such city may exercise the powers conferred by an act entitled "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 bencfited thereby," approved June twenty-second, eighteen hundred and eightyfive, and are hereby vested with the further powers hereinafter granted. *175. Power of corporate authorities. 2. Such corpo rate authorities may lay out, construct and maintain a cut-off drain or ditch for the diversion of the flood waters of the Desplaines river into Lake Michigan at some point north of the city of Chicago, for the relief and in aid of the drainage system established or to be established within said district, the location and route, dimensions and capacity of such cut-off to be determined by said corporate authorities. If the location of such cut-off shall occupy a portion of the north branch of the Chicago river, said north branch may be widened and deepened as shall be required. Such cut-off or diversion may be so constructed and maintained as to answer the purpose of a drain for the lands through which it shall pass, and such corporate authorities may allow said lands to be drained into the same upon such terms and conditions as they may determine: Provided, such corporate authorities shall not be allowed to interfere with any right of drainage which the owners of land have or would have, if such cut-off had not been made. *176. Desplaines river-diversion of water. § 3. No more of the water of the Desplaines river shall be diverted by any such cut-off than the excess above the ordinary water mark in said stream. At the point of diversion there shall be constructed and maintained such dams and sluices as shall control and regulate the amount of such diversion at all times. During dry weather no water shall be diverted into Lake Michigan and during floods no more water shall be allowed to pass said point of diversion down the river than three thousand (3,000) cubic feet per second. *177. Dam across Mud lake. § 4. Such corporate authorities may construct and maintain, if the same shall be found desirable and expedient, a dam across what is known as the Mud Lake Valley on or near the west line of sections six and seven, township thirty-eight north, range thirteen, east of the third principal meridian, of such dimensions and elevation as may be determined upon. *178. Powers of corporate authorities. § 5. Such corporate authorities may acquire by purchase, gift, condemnation or otherwise all the real and personal property, rights of way and easements within or without the district necessary for the construction and maintenance of the works hereby authorized, and shall have the same control and jurisdiction of the property without as of that within the district. They shall have the right to construct the cut-off herein authorized, across, under, over, along, or upon any water course, street, highway, public ground, railroad or turnpike which the route of the same may intersect or touch; but shall not interrupt the use thereof longer, nor to a greater extent, than shall be necessary for the purpose. *179. Condemnation of property. 6. Whenever it shall be necessary to take or damage private property, for any purpose contemplated by this act, whether within or without said drainage district, the compensation therefor may be ascertained and the proceedings for the condemnation thereof may be had in the manner provided in article nine of an act entitled "An act to provide for the incorporation of cities and villages," approved April ten, eighteen hundred and seventy-two, and the cost of constructing and maintaining the improvements herein provided for may be defrayed by special assessment upon the property benefited thereby within such district only, said assessments to be levied and collected as provided in said article nine. ས AN ACT to provide for the licensing of and against the evils arising from the sale of intoxicating liquors. [Approved March 30, 1874. In force July 1, 1874.] 1. Dram shop defined. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a dram shop is a place where spirituous or vinous or malt liquors are retailed by less quantity than one gallon, and intoxicating liquors shall be deemed to include all such liquors within the meaning of this act. 2. Selling liquor without license. 2. Whoever, not hav ing a license to keep a dram shop, shall, by himself or another, either as principal, clerk or servant, directly or indirectly, sell any intoxicating liquor in any less quantity than one gallon, or in any quantity to be drank upon the premises, or in or upon any adjacent room, building, yard, premises or place of public resort, shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($roo), or imprisoned in the county jail not less than ten nor more than thirty days, or both in the discretion of the court. As amended by act approved May 18, 1877. In force July 1, 1877. L. 1877, p. 99; Stack r. People, 8111, 32; Rickart v. People, 79 Ill. 85; Albrecht v. People, 78 Ill. 510; Higgins v. People, 69 Ill. 11; Anderson v. People, 63 Ill. 53; McCann v. People, 88 Ill. 104; King v, Jacksonville, 2 Scam. 305; Goddard v. Same, 15 Ill. 588; Kettering v. Same, so Ill. 39; Kadghin Same, 58 III. 229: Block v. Same, 36 I. 301; Byers v. Olney, 16 Ill. 35; Jacksonville v. Holland, 19 Ill. 271; Roberts v. Ogle, 30 Ill. 461: Pekin v. Smelzel, 21 Ill. 465; Neifing v. Pontiac, 56 Ill. 174: Darst v. People, 51 Ill. 286; East St. Louis v. Wehrung, 50 III. 28; id. 46, 392; Godfriedson v. People, 88 Ill. 284; Feldman v. Morrison, 1 Brad. 460; Spake v. People, 89 Ill. 617: Prather v. People, 85 Ill. 36, Bandalow v. People, Ill. 218; Wiedman v. People, 92 Ill. 314: Noecker v. People, 91 Ill. 468; People v. Barnett, 9: Ill. 424; Martel v. City of East St. Louis, 94 Ill. 67; Lovingston v. Board of Trustees. 99 III. 565. 3. How license may be granted. 3. The county boards of each county may grant licenses to keep so many dram shops in their County as they may think the public good requires, upon the application by petition of a majority of the legal voters of the town, if the county is under township organization, and if not under township organization, then of a majority of the legal voters of the election precinct or district where the same is proposed to be located, and upon the payment into the county treasury of such sum as the board may require, not less than $50 nor more than $300 for each license, and upon compliance with the provisions of this act; Provided, such board shall not have power to issue any license to keep any dram shop in any incorporated city, town or village, or within two miles of the same, in which the corporate authorities have authority to license, regulate, restrain or prohibit the sale of liquors, or in any place where the sale of intoxicating liquors is prohibited by law. [Village of Coulterville v. Gillen, 72 Ill. 599; City of Kinmundy v. Mahan, 72 Ill. 462; Harbaugh v. Monmouth, 74 Ill. 367; Martin v. People, 88 II. 390; Prather v. People, 85 III. 36; Baldwin v. Smith, 82 Ill. 163; Prather v. People, 85 Ill. 36. 4. Form of license-rights under-may be revoked. § 4. The license shall state the time for which it is granted, which shall not exceed one year, the place where the dram shop is to be kept, and shall not be transferable, nor shall the person licensed keep a dram shop at more than one place at the same time, and any license granted may be revoked by the county board whenever they shall be satisfied that the person licensed has violated any of the provisions of this act, or keeps a disorderly or ill-governed house or place of resort for idle or dissolute persons, or allows any illegal gaming in his dram shop, or any house or place adjacent thereto. [Munsell v. Temple, 3 Gilm. 93; Eddy v. People, 1. Ill. 386; Neville v. School Directors, etc., 36 Ill. 71; Feldman v. Morrison, 1 Brao. 465; Spake v. People, 89 Ill. 617. 5. Bond-how taken suit on. 5. No person shall be licensed to keep a dram shop, or to sell intoxicating liquors, [*439] by any county board, or the authorities of any city, town or vil lage, unless he shall first give bond in the penal sum of $3,000, payable to the people of the State of Illinois, with at least two good and sufficient sureties, freeholders of the county in which the license is to be granted, to be approved by the officer who may be authorized to issue the license, conditioned that he will pay to all persons all damages that they may sustain, either in person or property, or means of support, by reason of the person so obtaining a license selling or giving away intoxicating liquors. The officer taking such bond may examine any person offered as security upon any such bond, under oath, and require him to subscribe and swear to his statement in regard to his pecuniary ability to become such security. Any bond taken pursuant to this section may be sued upon for the use of any person, or his legal representatives, who may be injured by reason of the selling or giving away any intoxicating liquor by the person so licensed, or by his agent or servant. [Munsell v. Temple, 3 Gilm. 93; Cobb v. People, 84 Ill. 511. 6. Selling or giving to minor or drunkard. § 6. Whoever, by himself, or his agent or servant, shall sell or give intoxicating liquor to any minor without the written order of his parent, guardian, or family physician, or to any person intoxicated, or who is in the habit of getting intoxicated, shall, for each offense, be fined not less than twenty dollars ($20), nor more than one hundred dollars ($100), or imprisoned in the county jail not less than ten nor more than thirty days, or both, according to the nature of the offense; Provided, this act shall not affect any prosecution pending at the time this act takes effect, but in every such prosecution the accused shall, upon conviction be punished in the same manner in all respects, as if this act had not been passed. [As amended by act approved May 18, 1877. In force July 1, 1877. L. 1877, P. 99; Farmerv. People, 77 Ill. 322; Mullinix v. People, 76 Ill. 211; Mapes v. People, 69 Ill. cCutcheon v. People, 69 Ill. 6or; Byars v. City of Mt. Vernon, 77, Ill. 467; Leonard v. The People, 81 Ill. 308; Johnson v. People, 83 Ill. 431; Feldman v. Morrison, 1 Brad. 464.' 523 7. Nuisances- penalty-bond-evidence. §7. All places where intoxicating liquors are sold in violation of this act, shall be taken, held and be declared to be common nuisances, and all rooms, taverns, eating houses, bazars, restaurants, drug stores, groceries, coffee houses, cellars, or other places of public resort, where intoxicating liquors are sold in violation of this act, shall be deemed public nuisances; and whoever shall keep any such place, by himself, or his agent or servant, shall, for each offense, be fined not less than $50 nor more than $100, and confined in the county jail not less than twenty nor more than fifty days, and it shall be a part of the judgment, upon the conviction of the keeper, that the place so kept shall be shut up and abated until the keeper shall give bond, with sufficient security to be approved by the court, in the penal sum of $1,000, payable to the people of the State of Illinois, conditioned that he will not sell intoxicating liquors contrary to the laws of this State, and will pay all fines, costs and damages assessed against him for any violation thereof; and in case of a forfeiture of such bond, suit may be brought thereon for the use of the county, city, town or village, in case of a fine due to either of them. It shall not be necessary in any prosecutions under this section to state the name of any person to whom liquor is sold. [Streeter v. People, 69 Ill. 595; Mulford y. Clewell, 21 Ohio St. R. 191; Baldwin v. Smith, 82 III. 162. 8. Liability for support, etc. § 8. Every person who shall, by the sale of intoxicating liquors, with or without a license, cause the intoxication of any other person, shall be liable for and compelled to pay a reasonable compensation to any person who may take charge of and provide for such intoxicated person, and $2 per day in addition thereto for every day such intoxicated person shall be kept in consequence of such intoxication, which sums may be recovered in an action of debt before any court having competent jurisdiction. [Brannan v. Adams, 76 Ill. 331; Confrey v. Stark, 73 Ill. 187. 9. Suit for damages by husband, wife, child, etc.-forfeiture of lease, etc. 9. Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action in his or her own name, severally or jointly, against any person or persons who shall, by selling or giving intoxicating liquors, have caused the intoxication, in whole or in part, of such person or per sons; and any person owning, renting, leasing or permitting the occupation of any building or premises, and having knowledge that intoxicating liquors are to be sold therein, or who having leased the same fot |