act or acts coming within the duties of the master, which may be necessary to the final completion of such unfinished business. 9. Masters in chancery shall receive for their services Compensation. such compensation as shall be allowed by law, to be taxed as other costs. APPROVED April 4, 1872. MILLS AND MILLERS. 1872. AN ACT in regard to mills and millers, and dams for mills and other machinery, In force July 1. and navigation. for private pio or SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when Compensation any person or persons owning land on one or both sides of perty taken damaged. any stream or water course, any part of the bed of which belongs to such person or persons, shall desire to build or repair any public grist-mill, saw-mill, or other public mill or machinery, or to erect, repair or increase in hight any dam across such stream or water-course, to supply water for any such mill or machinery, or to improve the navigation of any such stream or water course for the use of such mill or machinery, and it shall be necessary to take or injure private property without the owner's consent, and the compensation therefor cannot be agreed upon by the parties interested, it shall be lawful for the person or persons desiring to build or repair such mill or machinery, or to erect, repair or increase the hight of any such dam, to cause the damage or compensation to be paid to the owner or other person interested in the property to be taken or injured, to be ascertained in the manner provided by law for the taking or damaging of private property for public use: Provided, that no such dam shall be erected or increased in hight, or maintained when the health of the neighborhood will be injuriously affected thereby. Provided, that no dam shall be erected or increased in hight until at least sixty days notice of the intention of the parties (so desiring to erect or increase in hight any such dam) to apply for a jury to assess damages, shall have been given in at least one newspaper published nearest the proposed dam, and personal notice to all persons interested, if their place of residence is known. already existing 82. No such dam shall be erected, repaired or raised Injury of mille in bight, to the injury of any mill lawfully existing either above or below it on the same stream, nor to the injury of Jury to ascertain damages. judgment. any mill-site on the same stream on which a mill or mill dam has been lawfully erected and used, unless the right to maintain a mill or dam on such site has been lost or abandoned. § 3. The jury which shall be impanneled to ascertain the damages, shall also inquire whether the health of the neighborhood will be injuriously affected by the overflow of any land, and if they shall find that it will be so affected, the petition shall be dismissed. Acceptance of § 4. The person applying for the condemnation of property for any of the uses herein authorized, may elect, within three months after final judgment, whether he will pay the judgment for damages in favor of the owners or persons interested. If he shall not file his acceptance of such judgment in the court where the proceedings were had, or pay the judgment within that time, he shall be considered as having abandoned all right under such judgment, and shall be liable for all costs of such proceeding, including reasonable attorney fees, to be assessed by the court. Right to revert to owners. Grain to be ground in due turn tolls. tendance. § 5. If the petitioner shall not, within one year after obtaining the right to erect any such mill, or other machinery, or to erect, repair, or increase the hight of any such dam, begin to build such mill, and finish the same withiu three years, or to repair or increase the hight of a dam already built within one year; or in case the mill or other machinery or dam is destroyed, shall not rebuild the same within five years after its destruction, all right acquired by the proceedings authorized by this act shall revert to the owners, their heirs and assigns: Provided, if the owner of the mill or other machinery, at the time of such destruction, be an infant, or under disability, the same time shall be allowed after such disability is removed. § 6. The owner or occupier of every public grist mill within this state shall grind the grain brought to his mill, as well as the nature and condition of his mill will permit, and in due turn as the same shall be brought, and may take for the toll, if a water mill or steam mill, for grinding and bolting wheat, rye, or other grain, one-eighth part; for grinding Indian corn, oats, barley and buckwheat, or other grain not required to be bolted, one-seventh part; for grinding malt, and chopping all kinds of grain; one-eighth part. Punctual at- § 7. It shall be the duty of each and every owner and occupier of every public mill, to give due and punctual attendance, when his mill shall not be out of repair, and to aid and assist in loading and unloading all grain which shall be brought to him to be ground. And he shall keep in his mill an accurate half-bushel measure, and an accurate set of toll dishes, or scales for weighing the grain. And for a failure to perform any of the duties required by this act, every occupier of a public mill shall forfeit and pay the sum of five dollars, to the use of any person who shall sue for the same. of grain. § 8. Every owner or occupier of a public mill, as afore- Safe keeping said, shall be accountable for the safe keeping of all grain received in his mill for the purpose of being ground, with the bags or caske containing the same; and shall, when required, deliver the same, or the flour or meal thereof, to the owner, or his agent or servant, with the bags or casks in which the same was received: Provided, that such miller shall not be accountable for any bags or casks, unless the same be distinctly marked with the initial letters of the owner's name; nor for the loss of grain, bags or casks, which happen by unavoidable accident. of peace Penalty for covered. Increase hight of dams. of § 9. If any miller or occupier of any mill shall take a greater proportionate quantity of toll than is allowed by neglect. this act, or shall not sufficiently grind or grind and bolt (as the case may be), agreeably to the capacity of his mill, and in due time, as the same may have been brought, all grain received into such mill for the purpose of being ground, or ground and bolted, as directed by the owner, every miller or occupier of a public mill so offending, shall forfeit and pay the sum of five dollars to the party injured. § 10. All penalties under the provisions of this act may Penalties rebe sued for and recovered before any justice of the the county where such penalties are incurred. § 11. Whenever any person or persons, firm or corporation, owning any dam which has been, or which may hereafter be, erected across any river or water course in this state, under the authority of any law of this state, shall desire to increase the hight of such dam, for public and private use, either for the improvement of navigation, or for the production of increased water power, and for the purpose of obtaining such increased hight of dam, it shall be necessary to take or injure private property without the owner's consent, and the compensation therefor cannot be agreed upon between the parties interested, it shall be the right of the owner or owners of such dam to cause the damage which will be thereby occasioned to be assessed in the manner and under the restriction provided in the first section of this act. And if it shall at any time appear that any such dam which has been or which may hereafter be so erected under the authority of any law of this state, or increased in hight, occasions damage to the land of any owner or owners, and which has not been paid or settled for, and the amount of such damage cannot be agreed upon between the parties interested, it shall be the right of the owner or owners of such dam to have such damage assessed in the manner provided in the first section of this act: Provided, that no damage shall be allowed to any person or persons when such dam shall have been erected or increased in hight prior to the passage of this act, and for which no claim shall have been made prior to such passage. And when damages are once assessed under the provisions of this act, no further damages or compensation shall be allowed. APPROVED March 22, 1872. MINERAL OILS. In force July 1, AN ACT to provide for the inspection and sale of mineral oils and fluids the product of petroleum used for illuminating purposes. 1872. Mayor aldermen, in point. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the and mayor and aldermen of any city, or the board of trustees cities, to ap- of any [town] wherein any coal, naphtha, gassoline, benzine or other mineral oils or fluids, the product of petroleum, are made, refined, produced or sold for illuminating purposes, and where five or more inhabitants petition for the same, shall appoint annually one or more suitable persons, not interested in the manufacture or sale of said oils or fluids, as inspectors thereof, and shall fix their compensation, to be paid by the parties requiring the services of said inspectors. Oath and bond of inspectors. § 2. Every inspector, before entering upon the duties of his office, shall be duly sworn. He shall also execute a bond to the state of Illinois, in such sum and with such security as shall be approved by the probate court of the county where appointed, conditioned for the faithful performance of the duties imposed on him by this act, which bond shall be for the use of all parties or persons aggrieved Inspection of by the acts or neglect of such inspector; and when called upon by any manufacturer, refiner, producer, dealer or purchaser of such oils or fluids, or by any officer mentioned in section five of this act, to test such oils or fluids, the said inspector shall do so with all reasonable dispatch, by applying the fire test as indicated and determined by J. Tagliabue's pyrometer, or some other instrument equally as accurate, with which he shall have provided himself at his own expense; and if the oils or fluids so tested will not ignite or explode at a temperature less than one hundred and ten degrees Fahrenheit, the inspector shall mark, plainly and indelibly, on each cask, barrel or package "Approved, fire-test being.... ;" but it said oils or fluids will ignite at a temperature less than one hundred and ten degrees Fahrenheit, as aforesaid, then the inspector shall mark on each cask, barrel or package "Condemned for illuminating purposes; spector. 3. Any manufacturer, refiner, producer, or dealer, Notice to inwho shall neglect to give notice to said inspector of any such oil or fluid in his or her possession, not already inspected by any duly authorized inspector of the state of Illinois, within two days after the same shall have been made, refined, purchased or produced, shall be liable to the same penalties provided in the second section of this act against inspectors. § 4. Any person, whether manufacturer, refiner, producer or dealer, who shall sell or attempt to sell to any person in this state any of said oils or fluids for illuminating purposes, whether manufactured, refined or produced in this state or not, which shall be below the "approved" standard-that is having igniting point less than one hundred and ten degrees, Fahrenheit-as indicated and determined in the manner described in the second section of this act, or before having the same inspected as herein provided, or if any manufacturer, refiner, producer, dealer or inspector of said oils or fluids shall falsely brand the package, cask or barrel containing the same, as provided in the second section of this act, or shall use barrels, packages or casks having the inspector's brand thereon, and the oil or finid therein not having been inspected, he or they so offending, upon conviction thereof, shall be liable to the same penalties provided in the second section of this act against inspectors. The casks, barrels or packages containing the same shall be forfeited and sold, one-half of the proceeds of such sale to go to the school fund of the county, and the other half to the informer; and further, shall be liable to any person or persons for all damages sustained by him or them by the explosion or ignition of such oil or fluid thus unlawfully kept and sold. Penalties for sale without in spection. Mayor and aldermen of cities to prose 85. The mayor, aldermen and police of any city, and the board of trustees of any town in which an inspector is appointed in conformity with the first section of this act, or cute. any one of said officers within his respective city or town, |