« ForrigeFortsett »
Payments to be indorsed on
tion and disbursement retained.
paid, but in like moneys as shall be receivable in payment of state taxes; and the moneys so paid upon the principal of any such bonds shall be indorsed thereon, and due receipts therefor shall be taken and filed in the office of the bonds. state auditor or treasurer, and interest coupons or bonds so paid shall be returned to one of said offices, and shall be can- Coups or bonds celed and destroyed in the same manner as those appertaining to the state debt.
§ 6. The state may out of said fund first retain or satisfy Cost of collecthe ordinary costs of the state, of the collection and disbursement thereof, and in case of n. n-presentment of any such bond or interest coupon, of any county or city, for payment at the times and places when and where the interest on the state debt is or may be paid, then, on the beginning of the next year, the moneys, by reason thereof undisbursed, together with any surplus for any cause remaining, shall be carried to the fund of such county or city of the current or ensuing year, and be considered by the auditor in making his next estimate for taxation therein, for such year, under this act, and shall be applied accordingly. All laws relating Laws relating to to the payment of interest on the state debt, or the cancella- payment of in. tion of evidences thereof, not inconsistent with this act, shall apply to the receipt, custody and disbursement of the taxes and fund provided by this act.
§ 7. Upon maturity of any such registered bonds or when bonds masecurities, in case of non-payment thereof, by the county or registered as city issuing the same, the holders thereof may cause the same to be registered in the office of the auditor, as matured and unsatisfied bonds, and thereupon, for the purpose of providing for the payment of the principal of the same matured bonds, at the rate of five per cent. of such principal annually, and of interest thereon in arrear, and for the current or ensuing year to accrue, together with costs to the state and collection and disbursement as aforesaid, the same proceedings in all respects shall be had as is herein before provided for payment of interest on such bonds, by collection in such county or city, and disbursement in the manner and upon the basis herein before provided, of an annual tax sufficient Annual tax to be for the purposes in this section contemplated; and the same shall be collected and applied, as aforesaid, to such from year to year, until full satisfaction thereof, when said bonds shall be canceled and destroyed, as is herein before provided.
$ 8. Upon the payment of any such registered bond or Auditor to make security by the county or city issuing the same, and present bonds ation thereof to the auditor, he shall cause due entry thereof to be made in his office.
$ 9. If it shall be deemed advisable, any such county or New bonds may city may issue such new bonds for the purpose alone of satisfying or taking up their respective bonds or debts.
§ 10. There shall be allowed and paid to county and collec- town collectors, for collecting and paying over the taxes
levied by virtue of this act, the following rates of commissions, to be ascertained and computed in the same manner that commissions for collecting and paying over state taxes
are ascertained and computed and paid from the taxes so To town collec- collected, viz: To town collectors, at the rate of three per To county col. cent. on all sums collected; to county collectors, at the rate
of two per cent. on all sums received by them from town collectors for the first ten thousand dollars so received, and one per cent. on the amount received over ten thousand dollars, which shall be in full for receiving the same and paying. it into the state treasury, and for adjnsting the accounts of and settling with the town collectors for their collection of said tax and the commission of three per cent. on all sums
by themselves collected and paid over to the state treasurer; Collector's bond and where such tax is levied, the collectors' bonds shall be to be increas- increased fifty per centum.
§ 11. This act shall be deemed a public act, and take effect from and after its passage.
APPROVED February 13, 1865.
In force Feb. 16,
AN ACT in relation to the assignment of dower.
on one more tracts.
SECTION 1. Be it enacted by the People of the State of Ilinois, represented in the General Assembly, That hereaf
ter, in all cases where commissioners are directed, by order The whole dower or decree of court, to set off and allot dower in several
or tracts of land, described in such order or decree, it shall not
be necessary to assign such dower in each tract, but such commissioners may set off and allot the dower in the whole of such lands, in a body, or out of two or more of such
tracts of land, in such manner as they may deem best for Report subject all persons interested, subject, however, at "all times, to the to approval of supervision and approval of the court.
$ 2. This act shall take effect and be in force from and after its passage.
APPROVED February 16, 1865.
AN ACT authorizing a wife whose husband is a lunatic or distracted person, In force Feb. 10, to release dower in certain cases.
husband is disabled, the
May join and
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when the guardian or conservator of any married man who is an When idiot, lunatic or distracted person, shall be authorized by the wife may 'join judgment or decree of any competent court to sell the real with conserva estate of his ward, and under such authority shall sell the relinquish dowsame, the wife of the ward may, if she thinks fit, join with stead of the guardian or conservator in the conveyance thereof, and thereby release and convey her right of dower and of homestead, and any and all right, interest or claim which she may have in and to the granted premises, with like effect as she might have done, or may do, by a conveyance thereof, made and executed jointly with her husband, if he were under no legal disability.
§ 2. That when such guardian or conservator is authorized as aforesaid to sell the interest of his ward in any real convey her own
. estate of his wife, and under such authority shall sell the same, the wife may, if she thinks fit, join with the guardian or conservator in the conveyance thereof, and thereby sell and convey all her estate, homestead, right and interest in and to the granted premises, with like effect as she might have done or may do by a conveyance thereof made and executed jointly with her husband, if he were under no legal disability.
§ 3. That in case of any such sale, conveyance or re- Proceeds lease by the wife, of any real estate owned by her, the pro- we paid het: ceeds of the sale of her interest therein, the amount of which being determined by the court, shall be paid to her as her sole property
$ 4. That in case of any such conveyance and release by Interest in husthe wife, of her right of dower, of homestead, or other be paid wife as claim or interest in the real estate of her husband, the pro
sole property. ceeds of the sale of any such interest of the wife, may, with the consent and order of the court, be paid to the wife as her sole property; the interest, if in dower, to be determined by the annuity tables, and based upon the life of the wife, or the proceeds of any such sale may be so disposed of and invested under the order of the court, as to secure to the wife the same right, use and benefit of and in the same, and
Rights of wife sethe income thereof, that she would have of and in the same real estate, and the income thereof, if the same had not been sold and her husband had died; and any agreement made between the wife and the guardian or conservator for dis- Agreement posing of, securing or investing such proceeds, or any part dian valld. thereof, for the uses and purposes aforesaid, being approved and confirmed by the court, and any order or decree of the court made in relation thereto shall be valid and binding on persons interested in the lands sold, or the proceeds of
such sale, and may be enforced in said court, or by an acRemedy of wife. tion at law, or in equity, as the case may require; and the
have all these remedies in her own name alone. This act applica- $ 5. This act shall apply to and include conservators ble to stard and guardians of idiots, lunatics and distracted persons, ap
pointed or to be appointed in foreign states and countries, and to the wives of such idiots, lunatics and distracted persons, as well as to residents of this state.
§ 6. This act shall take effect from and after its passage. APPROVED February 16, 1865.
In force Feb. 18,
AN ACT to facilitate the drainage of wet lands.
Wet land, how
Notice to com-
SECTION 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That in all shall be the counties of this state adopting township organization, drainager.com- the commissioners of highways shall be and are hereby con
stituted, ex officio, a board of drainage commissioners in their respective towns.
§ 2. Hereafter when any person or persons owning wet damage,
or overflowed lands in any county under township organization in this state, desising to drain the same, shall find it necessary to run across neighboring lands whose owner or owners will not give consent for the drain to pass through his or their lands, then in that case the person or persons
desiring the right of way for the drain shall make applicaof tion to the said drainage commissioners, in writing, stating
through whose premises it is necessary to pass, in order to
effect a proper outlet for the proposed drain, and he shall Notice to owners also furnish to each of the owner or owners, or their agent
or agents, through whose land it is proposed to pass, a notice, in writing, stating that he intends to make application to the said commissioners to lay out a drain through his or
their lands. Time of meeting $ 3. The commissioners shall agree upon a time,
not exceeding thirty days from the receipt of the application of the person or persons desiring the drain, when and where they will meet to determine upon such application, and if anything shall prevent the meeting of the commissioners, or any one of them, upon the day specified, then they shall as soon thereafter as possible determine upon
another day for meeting, and they themselves shall give no- notice of such meeting to the parties concerned or their
agents. The application to lay out a drain shall in all cases be made to the commissioners residing in the town in which said drain is to commence.
§ 4. Upon meeting, the commissioners shall proceed
If partial benefit owner
iinpartially to determine whether in order effectually to
§ 5. The commissioners shall also determine whether If drain be of the proposed drain will be of any practical benefit to the benefit to landa land through which it is to pass, and if so, what portion of make same. the drain the said land owner or owners shall make, or canse to be made. If the commissioners shall be of opinion that the drain proposed will be of sufficient benefit to the land through which it is desired to pass, then they shall decide that the person or persons owning the same shall make or cause to be made the entire drain running across his or their lands, giving a reasonable time for completing the Limit of time to same, not exceeding six months nor less than thirty days. But if they shall be of opinion that the drain proposed will not be of sufficient benefit to the parties owning the land to compensate him or them for constructing the entire drain, then they shall decide what portion of the same he or they shall make or cause to be made, giving a reasonable time make part of for completing the same; and the party or parties desiring the drain shall be at liberty to complete the remainder according to the specifications of the commissioners, at his or
$ 6. But if the person or persons through whose land Refusal of owner the drain is ordered to pass, shall neglect or refuse to make or cause the same to be made, within the time and according to the specifications of the commissioners, then the persou or persons first making the application for the drain shall be at liberty to enter upon the premises of the person or persons so neglecting or refusing, and make or cause to be made the drain, following the specifications of the said when applicant commissioners; and he or they may recover the necessary drain on other expense of such work from the person or persons so neglecting or refusing, in an action of debt, in any court having competent jurisdiction in the county in which such labor was done or performed.
§ 7. If the commissioners shall be of opinion that the When damages drain if made will be of damage to the land through which are assessed iot it is proposed to pass, then they shall assess the amount of to pay. the damage to be paid by the person or persons desiring the drain, after payment of which the party or parties so desiring the drain shall be allowed to construct the same at his or their own expense. But in no case shall the commissioners order a drain to be made where the water cannot be conducted into a lake, or pond, or river, or other outlet.
$ 8. The commissioners, after having decided either in favor of or against the application for å drain, shall note
their own expense.