He shall also execute a bond payable to the People of the State, in such sum as shall be required by the county judge, city council or board of trustees, with one or more sureties, to be approved by the county judge, mayor or president of the board of trustees, conditioned for the faithful discharge of the duties of his office. Any person aggrieved by the misconduct or neglect of such inspector may maintain [suit] thereon for his own use. [As amended by act approved June 17, 1887. In force July 1, 1887. L. 1887, p. 242.

3. Inspector to test. § 3. Upon the application of any manufacturer, refiner or producer of, of any dealer in, any such oil or fluid, or of any officer or person to test any such oil or fluid, such inspector shall test the same with all reasonable dispatch by applying the fire test, as indicated and determined by J. Tagliabue's pyrometer, or some other instrument or means equally accurate, with which he shall have provided himself at his own expense. [L. 1871–2, p. 566, § 2; L. 1869, p. 259, § 2.

4. Test-casks marked-inspector not to trade in oil. 4. If the oils or fluids so tested will not ignite or explode at a temperature less than one hundred and fifty degrees Fahrenheit, the inspector shall mark, plainly and indelibly, on each cask, barrel or package Approved, fire test being but if said oils or fluids will ignite at a temperature less than one hundred and fifty degrees Fahrenheit, as aforesaid, then the inspector shall mark on each cask, barrel or package "Condemned for illuminating purposes; fire-test being inspector, while in office, shall not buy, sell, bargain or trade, directly or indirectly, in any of the said oils or fluids. [L. 1871–2, p. 566. § 2; L. 1869, p. 259, $2.

Said

5. Record kept, and open to examination. § 5. He shall also, within twenty-four hours after making any inspection, make a full and fair entry thereof in a record book to be kept for that purpose, which shall be open to all persons wishing to examine the same. [L. 1871–2, p. 566, § 2; L. 1869, p. 259, § 2.

[* 732]

6. Penalty for misconduct in office. § 6. Any such inspector or deputy who shall falsely brand any package, cask or barrel, or be guilty of any fraud, deceit, misconduct or culpable negligence in the performance of any of his official duties, shall be fined not exceeding $200, and be liable to the party injured for all damages occasioned thereby. [L. 1871–2, p. 566, § 2; L. 1869, p. 259, § 2.

7. Penalty for neglect to give notice of, or selling oil not inspected-counterfeit brands, etc. § 7. Any manufacturer, refiner or producer of, or any dealer in coal oil, naphtha, gasoline, benzine, or other mineral oil or fluid, the product of petroleum, in any city, village or town in which such inspector is appointed, who shall neglect to give notice to such inspector, of any such oil or fluid in his possession not already inspected by some authorized inspector of his State, within two days after the same is made or refined by him or received into his possession, or shall offer any such oil or fluid for sale before the same has been so inspected, or shall sell or attempt to sell to any person, for illuminating purposes, any such oil which is below the approved standardthat is, having igniting point less than one hundred and fifty degrees Fahrenheit, as indicated and determined in the manner herein provided, or shall

use any package, cask, barrel or other thing having the inspection brand thereon, the oil or fluid therein not having been inspected, or shall counterfeit any brand, shall be fined not exceeding $200 and be liable to the party injured for all damages occasioned thereby, and all the casks, barrels or packages so falsely used, and their contents, shall be forfeited, and may be seized and sold. [L. 1871-2, p. 567, 3, 4; L. 1869, p. 260, 3, 4.

8. Fines, how recovered and disposed of. § 8. The fines herein provided may be recovered in the name of the People of the State of Illinois, before any justice of the peace of the county where the offense is committed, and when collected, one-half shall be paid to the informer, and the other half and the proceeds of the sale of all casks, barrels and packages, and the contents thereof seized, as herein provided, shall be paid into the city, village or town treasury. [L. 1871-2, p. 567, § 4; P. 568, § 6; L. 1869, p. 260, § 4; p. 261, § 6.

AN ACT to regulate the manner of applying for pardons, reprieves and commutations. [Approved May 31, 1879. In force July 1, 1879, p. 218.]

:

*1. Application for pardon, how made. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General As sembly, That hereafter all applications for reprieves, commutations and pardons shall be made by petition in writing to the governor, signed by the party under conviction, or other persons in his behalf, which petition shall contain a brief history of the case and the reasons why such par don should be granted and shall also be accompanied by a statement in writing made by the judge and prosecuting attorney of the court in which the conviction was had; stating the opinion of said judge and prosecuting attorney in regard to the same, or satisfactory reasons shall be given to the governor why such statements of the judge and prosecuting attorney, or either of them, do not accompany such petition; and it shall be the duty of such judge and prosecuting attorney to give such opinion, whenever such petition shall be presented to them.

*2. Notice. § 2. Notice of the proposed application shall be given by publication for three weeks prior thereto, in a newspaper published in the county where the conviction was had, a duly certified copy which notice shall accompany said petition: Provided, the governor may dispense with publication of notice, when in his judgment justice manity requires it.

or hu

SECTION

SECTION

1. Park commissioners declared to be 48. To be determined by vote.

corporate authorities, etc.

49.

Exception.

2. New bonds.

47. Township organization may be 80. Lincoln park-erection of buildcontinued for park purposes. ing s.

AN ACT to enable the corporate authorities of two or more towns, for park purposes, to issue bonds in renewal of bonds heretofore issued by them, and to provide for the payment of the same; to make, revise and collect a special assess

ment on contiguous property, for benefits by reason of the location of parks and boulevards, and to make necessary changes in their location. [Approved June 16, 1871. In force July 1, 1871. L. 1871-2, p. 579.]

[People v. Brislin, 80 III. 423.

1. Park commissioners declared to be corporate authorities, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That persons who have been appointed or otherwise selected as commissioners or officers, under and in pursuance of any act or acts of the general assembly, of this State, which has or have been submitted to the legal voters of one or more towns, and by them respectively adopted, for the purpose of locating, establishing, inclosing, improving or maintaining any public park, boulevard, drive-way, highway or other public work or improvement, are declared to be corporate authorities of such towns for the purposes named in such act or acts, whether such persons are authorized to discharge the duties imposed upon them as a corporation or otherwise.

[People v. Brislin, 80 Ill. 423.

2. New bonds. § 2. Corporate authorities of towns who have been authorized by law to issue bonds for the purpose of establishing, inclosing, improving or maintaining any public park, boulevard, drive-way, highway or other public work or improvement in such towns, may issue new bonds, payable not more than twenty years from the date thereof, and the same exchange for bonds issued by such corporate authorities for the same purpose. The said corporate authorities may purchase any bonds issued by them, at any rate not exceeding the par value thereof, and issue, in lieu of the same, bonds payable as aforesaid. Such new bonds shall be issued under the seal of said corporate authorities, if they have one, and shall be signed by them and countersigned by their secretary, if they have one, and bear interest not exceeding [*734] seven per cent. per annum, payable semi-annually, and the principal and interest may be made payable at any place or places within or without this State. The said bonds shall also contain a provision securing to said corporate authorities the right, if the said bonds or a sufficient number of them cannot be purchased at not exceeding one per cent. above the par value thereof, for the yearly sinking fund hereinafter provided, to pay and retire, at the end of each year after the date of said bonds, or so soon thereafter as due notice shall have been given, such number of the same as may be necessary for that purpose, to be selected by lot by said corporate authorities, in the manner hereinafter provided. It shall be the duty of said corporate authorities to keep an accurate register of all bonds issued by them, showing the number, date and amount of each bond, and said register shall at all times be open to the inspection of the public. The public park, boulevard, drive-way, highway or other public work or improvement, on account of which said bonds may be issued, shall be irrevocably pledged for the payment of the principal and interest thereof, and the towns in which such public park, boulevard, drive-way, highway or other public work or improvement, are in whole or in part situated, shall also be irrevocably bound for the payment of the same. Bonds issued under this act may be exchanged

CHAP. 105.

as aforesaid or sold by said corporate authorities for such prices as they may deem expedient; but the proceeds of bonds sold shall only be used for the payment or purchase of outstanding bonds which cannot be exchanged. The bonds received in exchange or purchased as aforesaid shall be canceled, whereof an entry shall be made upon the bond register of said corporate authorities showing the date, number and amount of each bond canceled, and no bonds shall be issued under this act exceeding the amount already issued, nor contrary to the provisions of section 12, article 9 of the constitution of this State, nor until provision is made by law for the collection of a direct annual tax sufficient to pay the interest on such bonds as it falls due, and also to pay and discharge the principal thereof on or before the time when the same shall become due. And whenever any provision has been made by any act or acts of the general assembly of this State, for the assessment and collection of an annual tax, in order to pay the interest on bonds issued by said corporate authorities, the provisions of said act or acts are hereby continued and extended so as to require the assessment and collection of said annual tax, not only for the purposes of said act or acts named, but for the payment of the interest on any bonds which may be issued under this act, and to provide for the annual payment of a part of the principal thereof. Officers collecting said annual tax are required, at the end of each month, to pay to said corporate authorities so much of said tax as has been collected; and for collecting and paying over of said annual tax no compensation shall be allowed, except the salary allowed by law to the collector thereof. And if, for any cause, any portion of said annual tax required to be assessed and collected as aforesaid shall, for any one or more years, fail to be collected, the said corporate authorities are required to add such deficiency or deficiencies to the amount required to be assessed in the succeeding year or years; and the amount of such deficiency or deficiencies shall be by the proper officers assessed and collected, in the same manner as said annual tax, and as a part thereof. The said corporate authorities are required to cause said tax, and any deficiencies occurring as aforesaid, to be assessed and collected as required by law, and to apply sufficient thereof, from time to time, to pay the interest upon said bonds issued, and which may be issued as the said interest shall fall due. And at the end of the year after the date of any bonds issued under this act, and of every year thereafter, the said corporate authorities shall, from the proceeds of said annual tax, set apart not less than three and one-fourth per cent. of the whole amount of bonds issued under this act, and a sum equal to the annual interest on said sum, at the rate of interest borne by said bonds, which sums shall be applied by said corporate authorities in the purchase of bonds issued by them, if the same can be obtained at not exceeding one per cent. above the par value thereof; and if the said corporate authorities cannot obtain [*735] said bonds, or sufficient of them, to absorb said fund at that price, then from the outstanding bonds issued under this act, and not theretofore* selected, shall be selected by lot so many thereof as

This word is theretofore" in the original act (L. 1871, p. 581) but it was incorrectly printed "therefore" in the Revision of 1874, and subsequent editions of the Statutes.