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space or portion thereof, for any trade, calling or occupation, or for the exercise of any privilege, by any person, company, partnership or corporation, for the purpose of accepting, demanding or receiving, directly or indirectly, from the customers, patrons or people who frequent such places of public accommodation or public resort, gratuities or donations, commonly called tips, in addition to the regular, ordinary and published rate of charge for work performed, materials furnished or services rendered, provided, that nothing in this section contained shall be construed to prohibit any employee or servant from accepting or receiving gratuities or donations, commonly called tips, if such gratuities or donations, commonly called tips, are not accounted for, paid over, or delivered, directly or indirectly, in whole or in part, to any person, company, partnership or corporation, but are retained by such employee or servant, as and for his absolute and individual property.

§ 2. Any lease, contract, agreement or understanding entered into in violation of the provisions of section 1, of this Act shall be absolutely void.

§ 3. Any person, company, partnership or corporation or any officer or agent thereof, violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding ten thousand dollars for each and every offense, and, in addition thereto such person, officer or agent may, in the discretion of the court, be sentenced to the county jail not less than three months and not more than one year.

APPROVED June 29th, 1915.

DRAINAGE.

ACT OF 1879 AMENDED. § 1. Amends section 26 and 37, Act of 1879. § 2. Adds section 44A.

§ 26. Payment of benefits in installments— $ 44A. Change in plans, route or construc-
collection of interest in advance. tion—petition to county court—
hearing—order of court—may
§ 37. Suits—Money to be used under direc- continue hearing .
tion of court—assessments to pay -
obligations incurred — pumping

plants. (House BILL No. 40. APPRoved JUNE 28, 1915.)

AN ACT to amend sections twenty-six (26) and thirty-seven (37) of. and to add a section numbered forty-four A (4A), to an Act entitled, “An Act to provide for the construction, reparation and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes, and to provide for the organization of drainage districts”; approved and in force May 29, 1879; as amended by an Act approved June 30, 1885, in force July 1, 1885; as amended by an Act approved June 4, 1889, in force July 1, 1889, as amended by an Act approved June 24, 1895, in force July 1, 1895; as amended by an Act approved May 10, 1901 in force July 1, 1901; as amended by an Act approved May 14, 1903, in force July 1, 1903; tion of drainage districts”; approved and in force May 29, 1879; as amended by an Act approved and in force May 29, 1909; as amended

by an Act approved and in force June 27, 1913. SECTION 1. Be it enacted by the People of the State of Illinois. represented in the General Assembly: That sections twenty-six (26)

and thirty-seven (37) of an Act entitled, “An Act to provide for the construction, reparation and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes, and to provide for the organization of drainage districts,” ap: proved and in force May 29, 1879; as amended by an Act approved June 30, 1885, in force July 1, 1885; as amended by an Act approved June 4, 1889, in force July 1, 1889; as amended by an Act approved June 24, 1895, in force July 1, 1895; as amended by an Act approved May 10, 1901, in force July 1, 1901; as amended by an Act approved May 14, 1903, in force July 1, 1903; as amended by an Act approved and in force May 20, 1907; as amended by an Act approved and in force May 29, 1909; as amended by an act approved and in force June 27, 1913; be and the same is hereby amended to read as follows: § 26. PAYMENT of BENEFITs IN INSTALLMENTs.] At the time of confirming such assessments, it shall be competent for the court to order the assessment of benefits to be paid in installments of such amounts, and at such times as will be convenient for the accomplishment of proposed work or payment of bonds that may be issued; otherwise the whole amount of such assessment shall be payable immediately upon such confirmation. The assessments or installments thereof shall draw interest at the rate of six per cent, per annum from the time of confirmation until paid; but if any owner elects, he may pay the whole amount of the assessments, and interest, if any, accrued against his land, before it becomes due: Provided, such payment is made before any bonds are issued by the district: And provided further that where the court has, by order, directed the whole or a part of the assessment of benefits to be paid in deferred installments, that the court may, by order, direct that the interest on such deferred installments shall be collected yearly in advance. Said assessments shall be a lien upon the lands assessed as other taxes, and such lien shall continue until said assessments are paid; and the proceedings of the county court of the county in which said lands are situated, shall be sufficient notice of such lien. When an assessment against any tract of land has been fully paid, it shall be the duty of the treasurer of such district to execute and deliver to the owner of such land, a release in full, which shall discharge such owner from all further liability to pay the same. The release may be recorded in the recorder's office of the county where such lands are situated. § 37. SUITs—Mon EY To BE USED UNDER DIRECTION of court— AssessMENTs—PUMPING PLANTs.] Said commissioners may use money arising from the collection of assessments or coming into their hands, as such commissioners, for the purpose of compromising suits and controversies arising under this Act, and in the employment of all necessary agents and attorneys, in organizing said district, and for conducting other proceedings, in law or in equity, for the same, and for the purpose of constructing or repairing or maintaining any ditch, ditches, drains, levee or levees within said district or outside of said district, necessary to the protection of the lands and complete drainage of the same within said district: Provided, that the commissioners shall use such money under the direction or approval of the court; and assessments from time to time may be levied on the land within any district when it shall appear to the court that the previous assessment or assessments have been expended or are inadequate to complete such work, or are necessary for maintenance or repair, or when it shall become necessary for the construction of one or more pumping plants, or other additional work, or the completion of any work already commenced within any drainage district to insure the protection or drainage of the lands in said district, under the direction and order of the court, or to pay obligations incurred for the current expenses of said district or in the keeping in repair and protection of the work of such district, or to pay obligations incurred for the completion of any part of the work of said district as originally planned, contracted for, and already commenced within any drainage district to insure the protection or drainage of the lands in said district, on a petition of a majority of the land owners within said district, who are of lawful age and represent at least one-third in area of such lands, or on a petition of one-third of such adult land owners who represent a majority (major portion) in area of such lands, or on the petition of the commissioners accompanied by an itemized statement of accounts made by the commissioners under oath, showing the moneys received by the district and the manner in which they have been expended, together with the plats and profiles of such additional work and estimated cost of the same; two weeks previous notice of the time set for the hearing of said petition in the manner required by section three (3) of this Act having been given. Upon the hearing of such petition the court may grant the prayer of the same, and cause the jury to be impaneled to make said assessment, as well as an assessment for an annual amount of benefits for maintaining and operating such pumping plant or plants and for keeping such additional work in repair, with like proceedings and notice as near as may be, as in cases of original assessments of damages and benefits under this Act, and such additional assessment or assessments, when made, shall have the same force and effect and be collected in the same manner as original assessments. § 2. And be it further enacted that a section, to be numbered as section forty-four A (44A) be inserted in, and added to, said Act, and which said section forty-four A (44A) shall read as follows: § 44A. Whenever the commissioners of any drainage district organized under the provisions of this Act shall be of opinion that it would be for the best interest of said district that a change, or changes, should be made in the method of construction of any part of the proposed work of said district, or in the route of any proposed ditch, ditches, levee or levees or in the size, capacity or plan of any of such proposed work, the said commissioners shall file their petition in the county court of the county in which said district was organized, which petition shall set forth the nature of the proposed change or changes in plans, together with an estimate of the additional or decreased expense of such change or changes, and which shall be signed and sworn to by such commissioners, or a majority of them, and to which petition shall be attached the affidavit of some creditable persons, giving the names and postoffice addresses of all owners of lands in said district, not residents of said county. Upon such petition being filed, the court shall set the same for hearing, on some day not less than two weeks or more than four weeks from the filing thereof, and the clerk of said court shall proceed to give two weeks’ notice of such hearing, in the manner provided in section three (3) of this Act. Upon the hearing thereof, if the court shall find that the said proposed change, or changes, does, or do, not materially effect the general nature and character of the proposed work of said district, and does, or do, not decrease the general efficiency of the same, the court shall enter an order to that effect; and shall, at the same time make a finding as to the additional amount that will be required to make such change or changes, or the decreased amount that will be required if such change or changes be made. In case the court shall find that such change or changes should be made and that additional expenditures will be required to make such change or changes, the court may order the same paid from the general funds of said district, or may order the commissioners to return a roll of additional assessments of benefits against the lands of said district for the additional amount required. In case the court shall order an additional assessment of benefits, or an assessment of benefits and damages, the commissioners and court shall thereafter proceed in the return and confirmation of the same in conformity with the provisions of sections 17, 17A, 17B and 18 of this Act. In case the court shall find that the making of such change or changes will decrease the expense of the proposed work of said district, the court shall enter an order abating such proportion of the assessment of benefits as shall have been theretofore made in such uniform proportion as such change or changes shall render unnecessary to be expended. The court may, for good cause shown, continue the hearing on such petition from time to time, and any person interested may appear and resist the application for such proposed change or changes. The court may, on the hearing of said petition make such other or further order in the premises as the circumstances may require in order to do justice to the petitioners and the land owners and persons in said district. APPROVED June 28th, 1915.

AGRICULTURE AND SANITARY PURPOSES-ACT OF 1885 AMENDED.

§ 1. Amends sections 2 and 53, and adds section $ 53. When special drainage district organ27, Act of 1885. ized—fifteen or more land owners —election—notice—when meetings § 2. Clerk of commissioners—duties—drain- of commissioners held—election in o: so-where meetings and elec- special districts. ons neid.

$ 27. Appeal to county court—grounds for appeal—trial by jury—costs.

(House BILL No. 50. APPRoved JUNE 25, 1915.)

AN ACT to amend sections two (2) and fifty-three (53) of an Act entitled, “An Act to provide for drainage for agricultural and sanitary purposes and to repeal certain Acts therein named,” approved June 27, 1885, in force July 1, 1885, and to add one new section to be numbered section twenty-seven (27). SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections two (2) and fiftythree (53) of an Act entitled, “An Act to provide for drainage for agricultural and sanitary purposes and to repeal certain Acts therein named,” approved June 27, 1885, in force July 1, 1885, be and the same are hereby amended so as to read as follows, and that one new section, to be numbered section twenty-seven (27) be and the same is hereby added to said Act: § 2. The town clerk shall be the clerk of the drainage commissioners of all drainage districts lying wholly within his town and of all union drainage districts, the major portion of which lies in his town; he shall be the custodian of all papers and records pertaining to drainage districts of which he is clerk, and shall keep in a well bound book, to be known as the “Drainage Record,” a record of the proceedings of the commissioners and shall enter at length therein all the proceedings, findings and orders of the commissioners pertaining to the subject of drainage, and the drainage commissioners shall hold their meetings at his office or at any place in the drainage district: Provided, all elections and all meetings, notice of which is required to be given to land owners, shall be held within the said district. 53. As soon as a special drainage district has been organized, containing fifteen (15) or more land owners, it shall be the duty of the county clerk of the county in which the proceedings are instituted, who shall be ea officio clerk of the commissioners of said district, to give notice by posting written or printed notices in at least five public places in said district, that on a day and place therein named, and at an hour not later than two (2) o'clock p. m., and not less than ten (10) days from the date of notice, an election will be held, for the purpose of electing three (3) drainage commissioners for said district, and the meetings of said commissioners shall be held at the office of said county clerk or at some place within such drainage district. Provided that all elections in special drainage districts shall be held within the district[,] provided that upon a petition signed by a majority of the adult land owners in said district petitioning for the establishment of voting place outside the said district specifically describing the location of said voting place being filed in the court where said district was organized, the court may if for the convenience of the land owners enter an order establishing such voting place. § 27. Any person against whose land a tax has been thus levied may, within ten days after the tax list has been deposited with the clerk of the drainage district, appeal to the county court by filing a bond in double the amount of the tax appealed from in the county clerk's office, but the appeal shall be upon the ground only that such tax is a greater amount than the benefits to accrue to the land in question by the proposed drainage. Appeals taken to the county court under the provisions of this Act may be heard at the next probate or common law term thereof: Provided, ten (10) days has intervened from the time of taking such appeal and the first day of the next term, and, if not ten (10) days, then such appeal shall be heard at the next term, and the trial shall be conducted as in other cases of appeals. The parties shall be entitled to a jury trial, and if it be found that the tax exceeds the benefits to accrue, the court shall modify the same so as to make it equal to the benefits, and the cost may be apportioned by the court in its discretion: Provided, that in any proceedings under this Act where the costs have been unnecessarily or improperly made, such costs may be adjudged against the party making the same. APPROVED June 25th, 1915.

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