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PASSED AT THE REGULAR SESSION OF THE TWENTY-FIFTH
porate mining companies.
AN ACT relative to mining for lead ore or other minerals. In force Feb'y
21, 1867. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every corporation, coinpany, association of persons or other party Duties of cornow engaged in mining for lead ore or other minerals, or which may hereafter be engaged in operating or mining for lead ore or other minerals, whenever it is necessary for the purpose of prosecuting such mining enterprise to conduct or convey the water from any shaft, levels or land occupied by them for mining purposes, shall have the right and privilege of conducting and conveying the water therefrom, upon, over or below the surface of the lands of any owner or owners of lands adjoining or adjacent to the grounds so worked or to be used for mining purposes by such corporation, company, association of persons or other party, in pipes, ditches, water races or tunnels, and to deposit waste earth from their said mines, thereby doing as little damage or injury to the owner or owners of adjoining lands or the improvement thereon as the same will admit of, with the privilege of extending said pipes, ditches, water races or tunnels as far over adjacent lands as may be necessary to obtain a proper outlet for the water, upon complying with the provisions of this act.
$ 2. Whenever such corporation, company or other party Damages, etc. can not agree with the owner or owners of such adjoining lands upon the amount of damages for the right and privilege of conveying the water from any shaft, level or mining land aforesaid, such corporation, company or association of persons, or other party, niay apply to the judge of the county court of the county where the land is situated for the appointment of three commissioners, to assess such damage. The judge of said county court, upon such application being made, shall appoint three disinterested freeholders, residents of his county, to act as commissioners, Commissioners. who, after being duly sworn for that purpose, shall proceed to make an examination of all the lands necessary and proper to be used by said company, corporation, association of
persons, or other property in conducting or conveying the water from such shaft, level or mineral lands, and for depositing waste earth, as aforesaid, and also for such lands as may be overflowed or liable to overflow by reason of erecting, constructing and maintaining such pipes, ditches, tunnels or the keeping up and maintaining water-races upon said lands, and make an award, in writing, in which they
shall award to the owner or owners of such land or lands Damages. the amount of damages to which such owner or owners of
said land or lands shall be entitled, by reason of use of lands for waste earth and for the erection, construction and maintaining such pipes, ditches, tunnels or water-race, or that may be erected and maintained for the purpose of convey.
ing the water from the same. Commissioners $ 3. Said commissioners shall meet within thirty days
from the time of their appointment to make their examination and award, by virtue of this act, and shall have power to adjourn, from time to time, not exceeding two adjournments in all; and the owner or owners of such land shall be notified to appear before them, at the time and place of such meeting, and shall be entitled to be heard before said commissioners in regard to the amount of damages by them sustained or liable to be sustained in consequence of the erecting, making and maintaining of such pipes, ditches,
tunnels or water-races, and depositing waste earth, as aforeServing notice. said. Such notice shall, at least six days before such meet
ing, be served personally or by leaving a copy thereof at the residence of the owner or owners of such land aforesaid: Provided, such owner or owners reside in the county where said lands are situated; and in case such owner or owners are non-residents of the county, then such notice shall be served upon their attorney or agent, if they have any in such county, and if there is no such agent or attorney in the county then such notice shall be published in a newspaper printed in said county for at least three weeks before
the meeting of said commissioners. Dacisions and $ 4. The decision and award of said commissioners shall
be final, unless appealed from as provided for in this act; and the said award, together with due proof of the notice or notices upon the owner or owners of said land, or upon their attorney or agent, as provided for in this act, shall be filed in the office of the clerk of the circuit court of the county wherein the award is made, shall be prima facie evidence of the regularity of said proceedings; and at the next term of the circuit court of the proper county, upon motion made by any party interested therein, a judgment may be entered up and execution issued to the same effect and in the same manner as judgments are entered, executions issued upon actions of civil nature commenced and tried in the circuit court.
§ 5. Apy corporation, company, association of persons, Appeals. or other party considering themselves aggrieved by the award of said commissioners, may appeal therefrom, within twenty days from the time of filing said award, to the cir. cuit court of the proper county, in the same manner as is provided by law for appeals from judgments of a justice of the peace. Said commissioners shall be entitled to receive two dollars per day, each, for their services as such commissioners, which shall be paid by such corporation, company or party.
96. And it is hereby expressly provided, that the pipes, Use of property ditches and water-races or tunnels laid, excavated or constructed by virtue of the provisions of this act, shall, under no circumstances, be used by the owners of the lands through which they may be laid or constructed or by any other person or persons, for any purpose whatsoever other than the drainage of the lands; and no person or persons whatsoever shall be authorized to enter the same, except for the purpose of repairing, altering, extending or otherwise improving the same, without the written consent of the parties interested first had and obtained.
§ 7. This act shall take effect and be in force from and after its passage.
APPROVED February 21, 1867.
DEPARTMENT OF STATE, SPRINGFIELD, ILLINOIS,
September 1, 1867. I, Sharon Tyndale, secretary of state of the state of Illinois, do hereby certify that the foregoing printed laws are true and perfect copies of the enrolled laws on file in this office, with the exception of the words printed in brackets thus, [ ].
In testimony whereof I hereunto set may hand, the day and year aforosaid,
Secretary of State.
TO LAWS PASSED AT SPECIAL SESSIONS.
Appropriations for expenses, etc., of
Joliet, concerning Penitentiary at....21,36
Railroad ........... ..... ......
" to provide for the expen-
of the electors of ............... 9