MUNICIPAL BONDS. REFUNDING SURPLUS. 1. Bonds paid and canceled; balances refunded. 2. Bonds declared void by the courts; balances refunded. 3. Balances refunded only upon authority of resolutions adopted by the proper authorities requesting the Auditor to issue warrants therefor. § 4, Mandamus proceedings against Auditor in case of refusal to act. § 5. Emergency. the AN ACT making provision for the refunding of surplus funds that are now, or hereafter may be, in the State treasury to the credit of the bond funds of counties, townships, cities, towns, school districts and other municipal corporations having bonds registered in the office of the Auditor of Public Accounts when such bonds have been paid and canceled, or when bonds purporting to have been issued by any county, township, city, town, school district, or other municipal corporation, and registered in the office of the Auditor aforesaid, shall be held void, or the law under which such bonds purport to have been issued shall be held void by the Supreme Court of this State or the Supreme Court of the United States. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever all the bonds of any county, township, city, town, school district, or other municipal corporation, that may have been registered in pursuance of law, in the office of the Auditor of Public Accounts, have been paid, and canceled upon the records of said Auditor, and there remains in the State treasury after said payment, any balance to the credit of the bond fund of such county, township, city, town, school district, or other municipal corporation, it shall be the duty of the Auditor of Public Accounts, on receipt of copy of resolution as provided for in section three of this act, to draw his warrant upon the State Treasurer for the amount of said balance, who is hereby authorized to pay the same out of the proper fund. § 2. Whenever the Supreme Court of this State or the Supreme Court of the United States shall hold any bonds void purporting to be issued by any county, township, city, town, school district or other municipal corporation, registered in pursuance of law in the office of the Auditor of Public Accounts, or whenever the act under which such bonds purport to have been issued shall be held to be void by the Supreme Court of this State or the Supreme Court of the United States, and there remains in the State treasury a balance of funds to the credit of the bond fund of such county, township, city, town, school district, or other municipal corporation purporting to have issued said bonds, and there are no other valid bonds issued by such county, township, city, town, school district or other municipal corporation, registered in the office of the Auditor of Public Accounts, in pursuance of law, to which said balance of funds may be applied, it shall be the duty of the Auditor, on receipt of a certified copy of resolution provided for in section. three of this act, to draw his warrant upon the State Treasurer for the amount of said balance, who is hereby authorized pay the same out of the proper fund. § 3. Before any warrant shall be drawn on the State Treasurer, as provided in sections one and two of this act, for any balance to the credit of the bond fund of any county, township, city, town, school district or other municipal corporation to which such balance is due, such county, township, city, town, school district or other municipal corporation shall, by its proper corporate authorities, pass a resolution requesting the Auditor of Public Accounts to issue his warrant upon the State Treasurer for the amount of such balance, payable to the proper custodian of the funds of such county, township, city, town, school district, or other municipal corporation, which said resolution shall contain the name of such proper custodian, and a certified copy of the same shall be furnished said Auditor: Provided, that in towns under township organization the board of town auditors is hereby authorized to pass the resolution herein provided for, and the Auditor of Public Accounts, upon receipt of a certified copy of such resolution, may draw his warrant on the State Treasurer for such balance in favor of the proper custodian of such fund. § 4. In all cases where the Auditor of Public Accounts shall refuse to draw his warrant on the State Treasurer as provided in sections one and two of this act, the county, township, city, town, school district, or other municipal corporation, having funds to the credit of its bond fund. in the State treasury, may, after serving said Auditor with a certified copy of resolution provided for in section three of this act, file its petition in any court of competent jurisdiction for mandamus to compel said Auditor to draw his warrant on the State Treasurer for such balance, and such proceedings may thereupon be had and taken on such petition as is now provided or may hereafter be provided to be had and taken in proceedings on petitions for mandamus under the laws of this State. § 5. Whereas, large sums of money are now idle in the State treasury, which ought to be paid back to the municipalities to whose credit the same stands, and there is at present no provision of law for such payment, therefore an emergency exists, and this act shall take effect and be in force from and after its passage. APPROVED June 10, 1885. PARKS. CONTROL OF BY COMMISSIONERS IN CITIES, TOWNS AND VILLAGES. § 1. Commissioners may take control of § 4. Cities, towns and villages may vest parks in cities, towns and villages, under certain restrictions. § 2. Defines the power of commissioners. authority to control parks under this act. § 5. Emergency. AN ACT entitled "An act to enable park commissioners having control of parks to take, regulate, control and improve parks now under the control of incorporated cities, villages or towns." SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every board of public park commissioners shall have the power to take under its control, and to regulate, control and govern, in the same manner as it may govern other parks or boulevards under its control, any public park now under the control or jurisdiction of any incorporated city, town or village: Provided, that the park so taken shall lie within the district or territory, the property of which shall be taxable for the maintenance of the parks or boulevards under the control of any such board of park commissioners: And, provided, further, that the consent of the authorities of any city, town or village having control of the park so to be taken, and also the consent in writing of the owners of a majority of the frontage of the lots and lands abutting on the park so to be taken, shall be first obtained. § 2. Such boards of park commissioners shall have the same power and control over the parks taken under this act as are, or may be, by law vested in them, of and concerning the parks, boulevards or driveways now under their control. § 3. In case any such parks so to be taken shall pass from the control of any such park board, the power and authority over the same, granted or authorized by this act, shall revert to the proper authorities of such city, town or village, as the case may be, as aforesaid. § 4. Any city, town or village in this State shall have full power and authority to vest any such board of public park commissioners with the right to control, improve and maintain any such park within the district over which such board of park commissioners has jurisdiction, for the purposes of carrying out the provisions of this act, in accordance with. its intent. § 5. Whereas, public policy requires that, so far as practicable, there should be, within the jurisdiction of such park boards, but a single authority over the parks lying within such districts respectively; therefore, an emergency exists for the passage of this act, and the same shall take effect and be in force from and after its passage. APPROVED April 11, 1885. STREETS LEADING TO PARKS. § 1. Amends section 1, act 1879, by omitting the proviso. that streets only shall be taken forming one continuous improvement. Amends section 2 by providing for future maintenance and repairs. AN ACT to amend sections one (1) and two (2) of an act entitled "An act to enable park commissioners or corporate authorities to take, regulate, control and improve public streets leading to public parks, to pay for the improvement thereof, and in that behalf to make and collect a special assessment or special tax on contiguous property," approved and in force April 9, 1879. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections one (1) and two (2) of an act entitled "An act to enable park commissioners or corporate authorities to take, regulate, control and improve public streets leading to public parks, to pay for the improvement thereof, and in that behalf > to make and collect a special assessment or special tax on contiguous property," approved and in force April 9, 1879, be amended so as to read as follows, to wit: "Section 1. That every board of park commissioners shall have power to connect any public park, boulevard or driveway under its control, with any part of any incorporated city, town or village, by selecting and taking any connecting street or streets or part thereof, leading to such park, and shall also have power to accept and add to any such park any street or part thereof which adjoins and runs parallel with any boundary line of the same: Provided, that the streets so selected and taken, so far as taken shall lie within the district or territory the property of which shall be taxable for the maintenance of such parks: And, provi ded, further, that the consent of the corporate authorities having control of any such street or streets so far as selected and taken, and also the consent in writing of the owners of a majority of the frontage of the lots and lands abutting on such street or streets so far as taken, shall be first obtained. "Section 2. That such board of park commissioners or such corporate authorities as are by law authorized to levy taxes or assessments for the maintenance of such parks, shall have power to improve, maintain and repair such street or streets in such manner as they may deem best; and for that purpose they are hereby authorized to pay for the improvement thereof, and from time to time to levy or cause to be levied and collected a special tax or assessment on contiguous property abutting upon such street so improved, for a sum of money not exceeding the estimated cost of such improvement or improvements and for the future maintenance and repair thereof, as shall be ordered and estimated by such board of park commissioners. And to that end such board or corporate authorities shall have all the power and authority now or hereafter granted to them respectively relative to the levy, assessment and collection of taxes or assessment for corporate purposes, and such special taxes or assessments as are hereby authorized may be divided into not exceeding four annual installments, bearing interest at the rate of six per cent. per annum from the date of confirmation until paid; and the assessment or installments thereof shall be collected and enforced in the same manner as is provided by law for the collection and enforcement of other taxes or assessments, for or on account of such corporate bodies, or boards, as aforesaid, so far as the same are applicable." APPROVED June 27, 1885. TAXATION. § 1. Park commissioners may levy one mill tax in addition to taxes now authorized. AN ACT to enable park commissioners to improve, govern and maintain the parks and boulevards under their control. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every board of park commissioners, having a bonded indebtedness incurred by virtue of the laws of this State, which is unable, after paying the interest and yearly maturing bonds, to properly improve, govern and maintain the parks and boulevards under its control, with the amount of money now authorized by law to be raised and set apart for that purpose, shall, in addition to the amount of money now authorized to be raised by taxation on the property embraced in its park district, be allowed a sum not exceeding one mill on each dollar of taxable property embraced in such park district, according to valuation of the same as made for the purpose of State and county taxation by the last assessment. And the officers authorized by law to assess taxes for park purposes, respectively, shall, on receiving a certificate from such board of park commissioners that the amount mentioned in such certificate, not exceeding the amount aforesaid, is necessary for the proper improvement, government and maintenance of the park property under its control, assess the same upon the taxable property, embraced in said park district, the same as other park taxes are by law assessed, and the same shall be collected and paid over the same as other park taxes are now required by law to be collected and paid. APPROVED June 26, 1885. PENITENTIARIES. JOLIET PENITENTIARY. § 1. Amends section 39, act 1871, by provid- § 2. Emergency. ing that fees in suits for prosecution shall be paid by the State. AN ACT to amend section thirty-nine (39) of an act entitled "An act to provide for the management of the Illinois State Penitentiary at Joliet," approved June 16, 1871, in force July 1, 1871. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section thirty-nine (39) of an act entitled "An act to provide for the management of the Illinois State Penitentiary at Joliet," approved June 16, 1871, in force July 1, 1871, be amended to read as follows: "Section 39. The several courts of Will county having criminal jurisdiction, shall take cognizance of all crimes committed within said penitentiary by the convicts therein confined, and said courts shall try and punish all such convicts charged with such crimes in the same manner and subject to the same rules and limitations as are now established by law in relation to other persons charged with crimes in said county; but in case of conviction, the sentence of said convict shall not commence to run until the expiration of the sentence under which he is then held in confinement in said penitentiary: Provided, that in case such convict shall be sentenced to punishment by death, such sentence shall be execu ted at such time as the court shall fix, without regard to the sentence under which such convict may be held in the penitentiary: Provided, |