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AN ACT to revise the law in relation to mines. [Approved March 24, 1874. In force July 1, 1874.]

1. Making drains, roads or railroads-eminent domain. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any mine or mining place shall be so situated that it cannot be conveniently worked without a road or railroad thereto, or ditch to drain the same or to convey water thereto, and such road, railroad or ditch shall necessarily pass over, through or under other land owned or occupied by others, the owner or operator of any such mine or mining place may enter upon such lands, and construct such road, railroad or ditch, upon complying with the law in relation to the exercise of the right of eminent domain. [See **Eminent Domain," ch. 47; also, “Drainage," ch. 42.

Public and private ways-horse and dummy railroad. And the commissioners of highways of any county under township organization, and the county board in counties not under township organization, may, when the public good requires, cause to be laid out and opened public highways, or private roads or cartways, from any coal mine to a public highway or to a railway, as the public good may require, in the same way as now or may hereafter be provided by law for the laying out and opening of public highways or private roads or cartways, and may permit the owner, lessee or operator of any coal mine to lay down and operate a horse or dummy railway thereon, or upon any highway or private road or cartway now or hereafter laid out and opened for public or public and private use, but always in such a manner and way, and upon such place thereon, as to not unnecessarily interfere with ordinary public travel. [See "Roads and Bridges,' ch. 121. 2d L. 1867, p. 39, 1, 7.

2. Trespass-surveyor appointed. § 2. If the owner of any land adjacent to any lands worked as lead, coal, iron or other mine, shall make complaint, in writing, verified by affidavit, to the judge of any court of record in the county where the land is situated, that he has reasonable grounds to believe, and does believe, that the owner or operator of such mine is trespassing upon his lands by mining thereon,

it shall be the duty of the judge to appoint some county surveyor or other competent and suitable person to descend into such mine, and make such examinations and surveys as may be necessary to ascertain whether the same is being worked upon the land of the person making the complaint. [L. 1859, p. 126, § 1.

3. Powers of surveyor-penalties. §3. The person so appointed shall have the right, at all reasonable times, to descend into such mine and make such examinations and surveys; and whoever shall [*710] willfully obstruct or hinder such person from entering into any such mine, or any gallery or place therein, or from making any such examination or survey, shall, for each offense, be fined not exceeding $200, to be recovered before any justice of the peace of the county. Any person accepting any such appointment, and failing or refusing to make such survey upon the request of the petitioner, may be proceeded against as for a contempt of court, or he may be fined not exceeding $500. [L. 1859, p. 126, § 2.

4. Expenses. § 4. The expense of such examination and survey shall be paid by the person making the complaint, but if such person shall recover damages against the owner or operator of such mine for working the same upon his land, he shall have the right to have such expenses added to the damages. [L. 1859, p. 126, § 3.

5. Penalty for trespass. 5. Whoever shall willfully trespass upon the land of another by mining thereon, shall, in addition to the damages now authorized by law, be liable to a penalty not to exceed $500, which may be recovered in an action of debt by the owner thereof, in any court of competent jurisdiction.

[Robertson v. Jones, 71 Ill. 405.

6. Conveyance of mining right. § 6. Any mining right, or the right to dig for or obtain iron, lead, copper, coal, or other mineral from land, may be conveyed by deed or lease, which may be acknowledged and recorded in the same manner and with like effect as deeds and leases of real estate.

[L. 1861, p. 146, § 2; Kamphouse v. Gaffner, 73 Ill. 453.

7. Effect of conveyance. § 7. When the owner of any land shall convey, by deed or lease, any mining right therein, such conveyance shall be considered as so separating such right from the land that the same shall be taxable separately, and any sale of the land for any tax or assessment shall not include or affect such mining right. [L. 1861, p. 146, § I.

8. Record of purchases of lead mineral to be kept. § 8. Every person purchasing lead mineral shall keep a book, in which he shall keep an account of all lead mineral purchased by him, stating clearly the amount, from whom and time when purchased, and the place where it was dug ; and for the purpose of ascertaining such facts, he shall make diligent inquiry of the person offering such mineral for sale, and if satisfactory answers are not given, it shall not be lawful for him to buy the same. [L. 1861, p. 140, § 1; p. 141, § 4.

9. Book open for inspection. § 9. Such purchaser shall keep such book at his usual place of business, open at all reasonable times

for the inspection of miners, owners of mineral lands, and smelters of lead ore. [L. 1861, p. 140, 1.

10. When purchaser has no place of business. § 10. When any such purchaser has not a usual place of business, he shall, within twenty-four hours from the time of making any such purchase, make return to the nearest smelter of lead ore to the place of procuring the same, stating the amount thereof, when, of whom and where purchased, and from what place the same was dug or taken; and such smelter shall minute the same in his book, to be kept pursuant to this act. [L. 1861, p. 141, § 2.

11. Purchase from child under twelve forbidden. § II. No person shall be allowed to purchase lead mineral from any child under twelve years of age. [L. 1861, p. 141, § 3.

12. Penalties. § 12. Any person who shall purchase lead mineral without keeping the book or making the entries or returns as herein provided, or shall refuse to allow their inspection as herein provided, shall forfeit for each offense the sum of $25; and whoever violates any of the other provisions of the four preceding sections, shall forfeit for the first offense the sum of $5 and costs, and for every subsequent offense $10 and costs one-half to the informer, and the other half to the school fund of the school district where the suit is brought. Said penalties shall be recoverable by action of debt before any justice of the peace of the county where the offense is committed. [L. 1861, p. 141, § 5.

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AN ACT to revise the law in relation to mortgages of real and personal property. [Approved March 26, 1874. In force July 1, 1874.]

CHATTEL MORTGAGES.

1. What necessary to validity-definition. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no mortgage, trust deed or other conveyance of personal property having the effect of a mortgage or lien upon such property, shall be valid as against the rights and interests of any third person, unless possession thereof shall be delivered to and remain with the grantee, or the instrument shall provide for the possession of the property to remain with the grantor, and the instrument is acknowledged and recorded as hereinafter directed; and every such instrument shall, for the purposes of this act, be deemed a chattel mortgage.

[R. S. 1845, P. 91, § 1; p. 92, §7; Sumner v. McKee, 89 Ill. 127: Goodheart v. Johnson, 88 Ill. 58; Dunlap v. Epler, 88 Ill. 82; Mumford v. Canty, 50 Ill. 370; Roundtree v. Baker, 52 Ill. 241; Forest v. Tinkham, 29 Ill. 141; Frank v. Miner, 50 Ill. 444; Sage v. Browning, 51 Ill. 218; Lemen v. Robinson, 59 Ill. 118; Porter v. Dement, 35 Ill. 479; Rhines v. Phelps, 3 Gilm. 455; Bell v. Shrieve, 14 Ill. 462 : Davis v. Ransom, 18 Ill. 396; Read v. Wilson, 22 Ill. 377; Barnet v. Fergus, 51 III. 354; Hathorn v. Lewis, 22 Ill. 395; Brandt v. Daniels, 45 Ill. 453; Fuller v. Paige, 26 Ill. 358; Badger v. Batavia Paper Mfg. Co., 70 Ill. 302; Garrettson v. Pegg, 64 III. 113;

Simmons v. Jenkins, 76 Ill. 482; Morris v. Tillson, 81 Ill. 607; McConnell v. Scott, 67 Ill. 274; Kavsing v. Hughes, 64 Ill. 124; Bell v. Prewitt, 62 Ill. 366; Kranert v. Simon, 65 Ill. 346; Strohm v. Hayes, 70 Ill. 41; Larmon v. Carpenter, 70 Ill. 549; Arnold v. Stock, 81 Ill, 407; Rogers v. Meyers, 68 Ill. 92; Lewis v. D'Arcy, 71 Ill. 649; Durfee v. Grinnell, 69 Ill. 371; Wilson v. Rountree, 72 Ill. 570; Furlong v. Cox, 77 Il 294; Davenport v. Ledger, 80 Ill. 574: Pike v. Colvin, 67 Ill. 231; Dieter v. Smith, 70 Ill. 168; Atkins v. Byrnes, 71 Ill. 326; Hungate v. Reynolds, 72 Ill. 425; Massey v. Hardin, 81 Ill. 330; Sickel v. Scott, 66 Ill. 109; Young v. Bradley, 68 Ill. 553; Murch v. Wright, 46 Ill. 487 Beach v. Derby, 19 Ill. 617; Hutton v. Arnett, 51 II. 198: Mattingly v. Darwin, 23 Ill. 618; Gregg v. Sanford, 24 Ill. 17; Titus v. Mabee, 25 Ill. 260; Waite v. Dennison, 51 Ill. 319; Nelson v. Wheelock, 46 Ill. 25; Hunt v. Bullock, 23 Ill. 320; Richardson v. Lester, 83 Ill. 55: Bradley v. Parks, 83 Ill. 169; McDowell v. Stewart, 83 Ill. 538; Bushnell v. Wood, 85 Ill. 88; Jefferson v. Barkto, í Brad 568; Thompson v. Scott, 1 Brad. 641; Waters v. Cox, 2 Brad. 129; Bodley v. Anderson, 2 Brad. 450: Wilhelm v. Schmidt, 84 Ill. 183; Ticknor v. McClelland, 84 Ill. 471.

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2. Acknowledgment --form. § 2. Such instrument shall be acknowledged before a justice of the peace of the town or precinct where the mortgagor resides; or, if there be no acting justice of the peace in the town or precinct where the mortgagor resides, then such instrument may be acknowledged before the county judge of the county in which the mortgagor resides; or, if the mortgagor is not a resident of this State at the time of making the acknowledgment, then before any officer authorized by law to take acknowledgment of deeds. The certificate of acknowledgment may be in the following form:

This (name of instrument) was acknowledged before me by (name of grantor) (when the acknowledgment is made by a resident insert the words "and entered by me ") this day of

. 18

Witness my hand and seal.

(Name of officer.)

[SEAL.] L. 1881, p. 113.

[As amended by act approved May 30, 1881. In force July 1, 1881. R. S. 1845, p. 91, § 2; Harvey v Dunn, 89 Ill. 585; Badger v. Batavia Paper Mig. Co., 70 Ill. 305: Chipron v. Feikert, 68 Ill. 284; Durfee v. Grinnell, 69 Ill. 371; Funk v. Staats, 24 Ill. 634; Henderson v. Morgan, 26 Ill. 431; Stephenson v. Browning, 48 Ill. 78; Herkelrath v. Stookey, 58 Ill. 21; Hammers v. Dole, 61 Ill. 307; Schroder v. Keller, 84 Ill 46; McDowell v. Stewart, 83 Ill. 538; Ticknor v. McClellan, 84 Ill. 471; Gaas et al. v. Hurd, 92 Ill. 316; Hervey v. R. I. Locomotive Works, 3 Otto (U. S.), 672.

3. Acknowledgment docketed. 3. If the acknowledgment is by a resident of this State, the justice of the peace, or county judge, shall enter in his docket a memorandum thereof, substantially as follows:

A. B. (name of mortgagor), to C. D. (name of mortgagee), mortgage of (here insert description of the property as in the mortgage). Acknowledged this day of ,18

[As amended by act approved May 30, 1881. In force July 1, 1881. L. 1881, p. 113. Barlow v. Birger, 30 Ill. 425; Durfee v. Grinnell, 69 Ill. 371; Badger v. Batavia Paper Mfg. Co., 70 lil. 302; Chipron v. Feikert, 68 Ill. 284; Funk v. Staats, 24 Ill. 633; Koplin v. Anderson, 88 Ill. 120; Sage v. Browning, 51 Ili. 217; Schroder v. Keller, 84 Ill. 46; Harvey v. Dunn, 89 III. 585.

4. Record-effect of. 4. Such mortgage, trust deed or other conveyance of personal property acknowledged as provided in this act, shall be admitted to record by the recorder of the county in which the mortgagor shall reside at the time when the instrument is executed and recorded; or, in case the mortgagor [*712] is not a resident of this State, then in the county where the property is situated and kept; and shall thereupon, if bona fide, be good and valid from the time it is filed for record until the maturity of the entire debt or obligation: Provided, such time shall not exceed two years, unless within thirty days next preceding the maturity of the note or obligation for which such instrument or mortgage is given to secure the mortgagor and mortgagee, his or their agent or attorney shall file for record an affidavit, setting forth particularly the interest which the mortgagee has, by virtue of such mortgage, in the property therein mentioned, and if such mortgage is for the payment of money, the amount remaining due and unpaid therein, and the time for which the said mortgage is extended, which said extension shall not exceed a further term of two years; upon which affidavit the clerk shall endorse the time when the same was filed, and the said mortgagee shall also, within the said preceding thirty days, file a certified copy of said affidavits with the justice of the peace before whom said mortgage was acknowledged, or his successor in office. And thereupon the mortgage lien originally acquired shall

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