shall be committed, for the use of the school fund of the proper county: Provided, that within twenty-four hours after taking such animal into his possession, he shall give notice to the owner thereof, if known, or if unknown, he shall post notices at some public place near the premises.

HEDGE FENCES.

AN ACT concerning hedge fences along the public highways in this State. [Approved June 21, 1883. In force July 1, 1883. L. 1883, p. 99.

*22. Hedge fences. SEC. 1. Be it enacted by the Poople of the State of Illinois, represented in the General Assembly, That the owner or owners of any hedge fence along the line of any public highway in this State, shall, during the year next after such hedge shall have attained the age of seven years, cut back or trim such hedge fence to a height not to exceed five feet, and shall, at least, once in every two years thereafter, cut back or trim such hedge fence, so that the same shall not exceed the height of five feet, so that such public highway shall not be obstructed or impaired in usefulness or convenience, nor the public health be injured or jeopardized by such hedge fence: Provided, that the provisions of this section shall not apply to any hedge protecting either an orchard or building: Provided, further, that upon application by the owner of any hedge fence along any highway, to the commissioners of highways of the town where situated, in counties under township organization, or to the supervisors of highways in the road district where situated in counties not under township organization; said commissioners of highways or supervisors of highways, as the case may be, shall permit said owner to grow a hedge fence, not to exceed one-fourth of the total length of hedge fence along the highway on each farm of said owner, to any height desired by said owner as a windbreak for stock

*23. Owner not complying with act — penalty. § 2. If the owner or owners of any such hedge fence shall fail or refuse to comply with the provisions of this act, on or before the fifteenth day of May in the year that said hedge should be cut, the said owner or owners shall be subject to a fine not less than ten dollars nor more than fifty dollars, in each and every year failing to comply with the provisions of this act. Said fine may be recovered, with cost of suit against the owner or owners of such hedge fence, before any justice of the peace, or other court of competent jurisdiction of the county in which such hedge is situated, by suit in the name of the commissioners of highways of the township in the counties under township organization, or supervisors of highways of

the road district in counties not under township organization in which such hedge fence may be situated; said fine to be applied for the use of the road district in which such hedge fence may be situated.

*24. Non-residents - trimming-cost. § 3. That when the owner or owners of such hedge fence do not reside in the county where such hedge fence is situated, and refuse or neglect to cut, or cause the same to be cut, it shall be the duty of such commissioners or supervisors of highways to cut, or cause such hedge fence to be cut or trimmed any time after the fifteenth day of May, in each and every year, as is required by this act. The cost of cutting or trimming and all costs that may accrue by cutting or trimming such hedge fence, may be returned by the commissioners or supervisors of highways as delinquent road tax against the land on which such hedge fence may be situated, to be collected the same as other tax.

AN ACT to revise the law in relation to ferries. [Approved March 21, 1874. In

force July 1, 1874]

1. License necessary. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person shall establish, keep or use any ferry for the conveyance or passage of persons or property, for profit or hire, unless he shall be licensed as directed by this act, under the penalty of $5 for each day the same is maintained, and $3 for each person and each article of property so conveyed, to be forfeited to the county in which the ferry is situated. This section shall not apply to ferries heretofore established by law.

(U.S.) 579. IR. S. 1845, P. 256, § 16; Mills v. County of St. Clair, 2 Gilm. 198; S. C., 8 How.

2. Petition for license. § 2. Any person may petition the County board for license to keep a ferry, and if said board shall deem such ferry necessary, it shall order the county clerk to issue a license to such person, upon his paying the fee therefor to be fixed by the board, and giving bonds as provided in this act : Provided, that no person shall be licensed to keep ferry within one mile of any established ferry, so long as such established ferry is competent to do the business, and its owner complies with the provisions of this act, unless the county board shall deem it necessary to establish another ferry for the public good.

[R. S. 1845, P. 252, § 1; Betts v. Menard, Breese, 395; Claypool v. McAllister, 20 II. 504; Lombard v. Cheever, 3 Gilm. 469; Mills v. County of St. Clair, 2 Gilm. 198; Munsell v. Temple, 3 Gilm. 96; Gale v. Anderson, 13 Ill. 413.

3. When ferry between two counties. § 3. Where the ferry is to be established between two counties, the petition shall be addressed to the county boards of both counties, and the concurrence of both of such boards shall be necessary to the granting of the license, fixing the tolls and prescribing the regulations of the ferry; but a separate license shall be issued by each county, and a license fee paid to each county. And all the provisions of this act shall apply to each of the counties, so far as the same may be applicable.

4. Notice of application. $4. No license shall be granted to establish a ferry unless the petitioner shall give notice of his intended application by publication in some newspaper published in the county, for at least four weeks successively next preceding the session of the county board, at which the application shall be made, or if no newspaper is published in such county, by posting notices in four public places therein, at least four weeks previous to such session. When the application is to several county boards, the notice herein provided shall be given in each county. [R. S. 1845, p. 252, § 1.

5. Owner of adjoining land preferred-notice. § 5. No such license shall be granted to any person other than the owner of [*531] the land adjoining to or embracing the water over which the ferry is to be established, unless such owner shall neglect to apply for such license, after notice by the applicant, at least four weeks before the sitting of the county board, of his intention to make such application: Provided, that when any owner is a non-resident, or cannot be found, such notice shall be given to the party in possession of the land, if the same be occupied ; and if no person be in possession, no such notice need be given: And, provided, that license may be granted without regard to ownership of the land, when the ferry has its termini upon a public highway. [R. S. 1845, p. 252, § I.

6. When several owners apply. § 6. When several such owners apply, the county board may grant the license to any one or more of them as it shall deem best.

7. Bond. 7. Before the delivery of any license, the person to whom the same is granted shall give bond, payable to the People of the State of Illinois, with sufficient sureties to be approved by the county clerk, in such sum as the county board shall order conditioned for the faithful discharge of his duties as ferryman according to law; which bond shall be filed in the office of the county clerk. [R. S. 1845, p. 252, 2.

8. Term of license-renewal. § 8. The term for which a ferry license shall continue shall be fixed by the county board at the time of granting the license, not exceeding ten years, but the same may be renewed from time to time upon petition, without the notice hereinbefore required, upon giving such bond, and paying such license fee as may be required by the county board.

9. License fee. § 9. The license fee to be fixed by the county board in any case shall be such sum as the said board shall think proper, not less than $5, nor exceeding $300, but such license fee shall not be in lieu of taxes upon the property, or franchise of such ferry, but the

same shall be subject to be assessed and taxed as other property and franchises.

[Dundy v. Chambers, 23 Ill. 369; Co. of La Salle v. Simmons, 5 Gilm, 513.

10. Rate of ferriage. § 10. The county board shall fix the rate of ferriage at each ferry, and may at any time after the same, having regard to the breadth and situation of the stream or other water course, and the publicity of the ferry, and may prescribe regulations for the management of such ferry. [R. S. 1845, p. 253, § 6.

11. Penalty for illegal charges. § 11. Every keeper of a ferry who shall at any time take or demand more than the toll allowed as aforesaid, shall, for each offense, forfeit and pay to the party aggrieved the sum of $5, and such amount as he shall have illegally taken. [R. S. 1845, p. 253, 6.

12. List of rates posted. § 12. Every keeper of a ferry shall keep a list of the legal rates of ferriage, printed or written in a legible hand, constantly posted up in some public place at the ferry or ferry house, where the same can be easily seen and read by passengers. 1845, p. 254, 7.

[R. S.

13. Penalty for not posting rates. § 13. If any keeper of a ferry fails to comply with the provisions of the preceding section, he shall, for every day such list is not posted up, forfeit not less than $10 to the county. [R. S. 1845, p. 254, 7.

14. Wharves, etc., must be furnished. § 14. Every keeper of a ferry shall provide proper wharves, causeways or other conveniences and safeguards, for the embarking and landing of passengers, teams, horses, cattle, and other property in safety, and without unnecessary delay.

[R. S. 1845, P 252, §3; Fisher v. Clisbee, 12 Ill. 344; Claypool v. McAllister, 20 III. 504; Wiggins Ferry Co. v. Blakeman, 54 Ill. 201.

15. Condition and operation of ferry. § 15. He shall keep the ferry at all times in good repair, and shall faithfully attend thereto, with such and so many sufficient and safe boats, and so many competent men and proper implements, as shall be necessary to operate such ferry for the proper accommodation of the public. [R. S. 1845, p. 252, $3.

16. Penalty for neglect, etc. § 16. If any keeper of a ferry shall fail to perform any of his duties under the two preceding sections, he shall forfeit to the county $10 for each day during [* 532] the continuance of such failure. If such failure be continued for the Space of three weeks, or if the ferry shall be abandoned, disused or unfrequented for the space of six weeks, the county board may, on complaint, notify the proprietor thereof to show cause why his license should not be revoked, and the county board may, if the cause is proved to their satisfaction, revoke such license. [R. S. 1845, p. 255, § 13.

17. When ferry must be run-night rates. § 17. Every keeper of a ferry shall afford safe and speedy passage to all persons and their teams and property, from daylight in the morning until dark in the evening of each day, unless delay is necessary for repairs, and during such further time as may be required by the county board, and shall, at any hour in the night, when required, give passage to any person or