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July 1, 1916, to produce before the Miners' Examining Board created by this Act, such county mine examiners' board certificate, or if the same shall have been lost or destroyed, satisfactory evidence of its issuance; thereupon, such miner shall be entitled to receive from the Miners' Examining Board created by this Act, the certificate herein provided for, which substitute certificate shall be issued without cost to said miner. After the first day of July, 1916, no miner's certificate of competency or qualification shall be recognized in this State, except those which have been or may be hereby issued by the Board created by this Act: Provided, however, that any such certified miner may have one person working with him and under his directions as an apprentice for the purpose of learning the business of mining and becoming qualified to obtain a certificate in conformity with the provisions of this Act.

§ 2. The Governor shall, by and with the advice and consent of the Senate, within thirty days after this Act shall take effect, appoint three persons as Miners' Examining Commissioners, who shall constitute the Miners' Examining Board for the State of Illinois, and who shall hold office as follows: One of said appointees shall hold office until March 1, 1916, one until March 1, 1917, and one until March 1, 1918, and on the first day of March of each year after this Act shall take effect, one member of said board shall be appointed and the term of office thereafter shall be three years for each member, or until his successor is appointed and qualified. Two of such commissioners shall constitute a quorum. A complete record of the proceedings and acts of the board shall be kept and preserved. Said commissioners shall hold no other lucrative office or employment under the government of the United States, State of Illinois, or any political division thereof or any municipal corporation therein and each commissioner before entering upon the duties of his office shall subscribe and take the oath prescribed by the Constitution of this State, and shall before entering upon the duties of his office give a bond with sufficient surety to be approved by the Governor, payable to the People of the State of Illinois, in the penal sum of five thousand dollars ($5,000), conditioned for the faithful discharge of his duties of office and the delivery of all records, books, moneys, and other property pertaining to his successor in office, which said bond shall be deposited in the office of the Auditor of Public Accounts.

The Secretary of State shall assign to the use of the Miners' Examining Board, suitable rooms in the State House.

§ 4. Each of said Commissioners shall receive as compensation for his services the sum of fifteen hundred ($1500) dollars per year, and shall also receive his traveling and other necessary expenses actually expended in the discharge of his official duties; such expenses, however, shall not exceed the sum of twelve hundred dollars ($1200) per annum for any one commissioner. Salary and expenses of said commissioner shall be paid monthly by the State Treasurer on the warrants of the Auditor of Public Accounts from funds in the hands of the Treasurer not otherwise appropriated; all expense accounts shall be itemized and verified by the commissioners receiving the same and shall be approved by the Governor.

§ 6. Such board shall hold an examination once in each calendar month, in at least twelve places located most conveniently with reference to the districts in which coal is mined in the State of Illinois so that all persons in such district or in this State, or who may wish to come into this State, for the purpose of engaging in mining, may be examined as to their competency and qualifications. Public notice of said examinations shall be given through the press or otherwise in the discretion of the board, not less than seven days in advance of such meeting, which notice shall fix the time and place at which any examination under this Act is to be held.

APPROVED June 29th, 1915.

MINE RESCUE STATIONS-ACT OF 1910 AMENDED.

§ 1. Amends sections 5, 6, 7 and 8, Act of 1910 as
subsequently amended.

§ 5. Appointment of superintendent and
assistant-term-oath.

§ 6. Compensation-expenses.

§ 7. Duties of commission-record.

§ 8. Notice of accident-duties of super

intendent.

(HOUSE BILL No. 855. APPROVED JUNE 23, 1915.)

AN ACT to amend sections 5, 6, 7 and 8 of an Act entitled, "An Act to establish and maintain in the coal fields of Illinois, mine fire fighting and rescue stations," approved March 4, 1910, and in force July 1, 1910, title as amended by Act approved June 5, 1911, in force July 1, 1911; amended by Act approved June 27, 1913, in force July 1,

1913.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 5, 6, 7 and 8 of an Act entitled, "An Act to establish and maintain in the coal fields of Illinois, mine fire fighting and rescue stations," approved March 4, 1910, and in force July 1, 1910, title as amended by Act approved June 5, 1911, in force July 1, 1911; amended by Act approved June 27, 1913, in force July 1, 1913, be amended so as to read as follows:

§ 5. The said commission shall appoint for each station a superintendent and assistant. Each appointee shall serve for a term of two years and until his successor is appointed and qualified, unless sooner discharged by the said commission. Each appointee before entering upon the duties of his office shall take and subscribe to the oath of office as provided by law. The commission shall have authority to pay for such assistants as may be needed in giving instruction in first aid to the injured and similar technical subjects, and such other assistants as may be needed from time to time to properly carry on the work of said rescue stations and such rescue cars and sub-stations as may be installed in connection with said stations, but not more than two extra assistants shall be employed for each rescue car.

§ 6. Each station superintendent shall receive one hundred and twenty-five dollars per month; and each station assistant one hundred dollars per month; and each appointee shall receive his necessary and actual expenses.

7. The said commission shall supervise the work at each of the three stations, shall purchase necessary supplies, and shall keep a com

plete record of all operations and expenditures and an invoice of all supplies on hand. The commission shall provide that at each station some representative shall be on duty or within call at all hours of day and night for each day of the year.

§ 8. Whenever the superintendent of any station shall be notified by any responsible person that an explosion or accident requiring his services has occurred at any mine in the State, he shall proceed immediately with suitable equipment and on arrival at the said mine shall superintend the work of the rescue corps in saving life and property; and he shall co-operate with the State Mine Inspector and the management of the mine in rescue work to such extent as is necessary for the protection of human life in the mine, during such time as members of the rescue corps are under ground and while there is a reasonable expectation that men entombed in the mine may be alive.

APPROVED June 23d, 1915.

MORTGAGES.

MORTGAGES OF REAL AND PERSONAL PROPERTY-ACKNOWLEDGMENT. § 1. Amends section 2, Act of 1874.

§ 2. As amended, provides mortgages may be acknowledged by attorney-infact and prescribes form of acknowledgment.

(SENATE BILL NO. 391. APPROVED JUNE 29, 1915.)

AN ACT to amend section 2 of an Act entitled, "An Act to revise the law in relation to mortgages of real and personal property," approved March 26th, 1874, in force July 1st, 1874, as amended by an Act approved May 13th, 1905, in force July 1st, 1905.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 2 of an Act entitled, "An Act to revise the law in relation to mortgages of real and personal property," approved March 26th, 1874, in force July 1st, 1874, as amended by the Act approved May 13th, 1905, in force July 1st, 1905, be and the same is hereby amended so as to read as follows:

2. ACKNOWLEDGMENT.] Such instruments shall be acknowledged before a justice of the peace or the county judge where the mortgagor resides or before the clerk or any deputy clerk of the municipal court of the city of Chicago, or if the mortgagor is not a resident of the State at the time of making the acknowledgment, then before any officer authorized by law to take acknowledgments of deeds: Provided, however, that in counties having a population of more than two hundred thousand, such instrument, if the mortgagor is a resident of the State at the time of making the acknowledgment, shall be acknowledged before a justice of the peace of the town or precinct where the mortgagor resides, or if there be no justice of the peace of the town, or precinct where the mortgagor resides, or if there be no justice of the peace in such town or precinct, such instrument shall be acknowledged before the clerk or any deputy clerk of the municipal court in the district in which the mortgagor resides, or if there be no such clerk or deputy clerk, before the county judge of the county in which the mortgagor resides: Provided, further, that such acknowledgment may be made either by the

mortgagor or a person duly authorized by said mortgagor to act as his attorney in fact. The instrument authorizing such acknowledgment

shall be substantially in the following form:

I, .....

and appoint

the mortgagor, do hereby make, constitute.

(Name of Attorney in Fact)

my attorney in fact, to appear for..

behalf before

.and in.

(Here give name of officer and official title before whom the acknowledgment is to made)

and acknowledge the execution of the within instrument in my name and for me for all purposes as I might do, with the same force and effect.

[blocks in formation]

.....day of...

..(SEAL) Mortgagor.

The certificate of acknowledgment if made by the mortgagor in person shall be in the following form:

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

.., 19....

(SEAL)

Name of Officer.

If the acknowledgment is made by an attorney in fact, the certificate of acknowledgment shall be substantially in the following form: This (name of instrument) was acknowledged before me by the within named .by ...

(Name of attorney) h..... .attorney in fact for all purposes named in said instrument, and entered by me this.

...day of..

19....

(SEAL) Name of Officer.

Said instrument, authorizing the acknowledgment by attorney in fact as herein specified, shall be signed by the mortgagor and shall be acknowledged before any officer authorized to take acknowledgments of deeds.

APPROVED June 29th, 1915.

SALES UNDER CHATTEL MORTGAGE-ACT OF 1895 AMENDED.

§ 1. Amends section 2, Act of 1895.

§ 2. As amended, provides no sale under chattel mortgage shall be valid as against creditors of mortgagor, unless such mortgage is recorded five days prior to taking possession of the goods.

(HOUSE BILL NO. 72. APPROVED JUNE 23, 1915.)

AN ACT to amend "An Act to regulate the assignment of notes secured by chattel mortgage and to regulate the sale of property under the power of sale contained in chattel mortgages," approved June 21, 1895, in force July 1, 1895, by amending section 2, of said Act which section as amended shall read as follows:

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act to regulate the assignment of notes secured by chattel mortgage and to regulate the sale of property under the power of sale contained in chattel mortgages, approved June 21, 1895, in force July 1, 1895, be amended by amending section 2 of said Act, which section as amended shall read as follows:

§ 2. That all sales of personal property under the power of sale contained in any chattel mortgage, shall be made in the county where the mortgagor resides, or where the property is situated when mortgaged. If there are more than one mortgagor, then in the county where the mortgagor in possession of the property resides at the time of taking possession by the mortgagee, and in every case where the mortgagor can be found or his or her postoffice address can be ascertained, notice of the time and place of said sale shall be given to one or more of the mortgagors three days prior to said sale and by posting a copy of said notice at the place where said goods secured by said mortgage are located at least three days prior to said sale, and upon the making of said sale the mortgagee shall make out a statement showing the items of personal property sold, the names of each purchaser and the amount for which each article sold, and also an itemized statement of the necessary reasonable expenses incurred in taking, keeping and selling said property, and shall deliver the same to the mortgagor or some one of them in person or by mail, and if he fails so to do within ten days after said sale, the owner of said property may sue for and recover one-third of the value of the property so sold, from the mortgagee or person making said sale as assignee of said mortgage: Provided, that nothing in this Act shall apply to the sale of furniture by regular dealers on the socalled installment plan: Provided, also, that no sale made as hereinabove provided shall be valid as against the creditors of the mortgagor, unless such mortgage shall be recorded at least five days prior to the taking of possession of the goods and chattels in said mortgage described, and any such sale made within five days of the recording of said mortgage shall be fraudulent and void as against the creditors of the mortgagor.

APPROVED June 23d, 1915.

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