penitentiary, reformatory or of such other institution above mentioned, with the seal of the institution attached and directed to all sheriffs, coroners, constables, police officers or to any other particular persons named in said order or writ, shall be sufficient warrant for the officer or other person named therein to authorize the said officer or person to arrest and deliver to the proper officer of said penitentiary, reformatory or such other institution the body of the conditionally released or paroled prisoner named in said writ, and it is hereby made the duty of all sheriffs, coroners, constables, police officers or other persons named therein to execute said order or writ the same as other criminal processes. In case any prisoner or ward so conditionally released or paroled shall flee beyond the limits of the State, he or she may be returned pursuant to the provisions of the laws of this State relating to fugitives. from justice. That no prisoner or ward sentenced and committed, or committed, under a general or indeterminate sentence, shall be eligible to parole after his or her commitment in said penitentiary or reformatory or State institution in this Act mentioned, until he or she shall have served the minimum term of imprisonment provided by law for the crime or offense of which he or she was sentenced and stands convicted. or committed. In all cases of definite sentences provided for in section one of this Act, persons sentenced for life or for a definite term of imprisonment may be paroled in the discretion of the Department of Public Welfare; persons sentenced for life may be eligible to parole at the end of twenty years; persons not sentenced for life but sentenced for a definite term of years shall not be eligible to parole until he or she shall have served the minimum sentence provided by law for the crime for which he or she was convicted, good time being allowed as provided. by law, nor until he or she shall have served at least one-third of the time fixed in said definite sentence.

§ 7a. The Department of Public Welfare may parole a nonresident prisoner or ward, or a prisoner or ward whose family, relatives or friends reside outside of this State, to a person, firm or company in some state other than Illinois, to serve his parole. Such paroled prisoner or ward shall be required to make regular monthly reports in writing to the Department of Public Welfare, obey the rules of said Department of Public Welfare, obey the laws of such other state, and in all respects keep faithfully his parole agreement until discharged as in this Act provided by said department. Should such prisoner or ward so paroled violate his or her parole agreement, such prisoner or ward so violating such agreement shall from the date of such violation be deemed to owe the State of Illinois service for the remainder of his or her maximum sentence, and should such prisoner or ward so violating said parole again. at any time return to the State of Illinois, he or she shall be subject to be again arrested or apprehended on the writ or order of the warden, superintendent or managing head of the penitentiary, reformatory or institution from which such prisoner or ward was paroled with full power and authority in the said Department and its employees and agents and all officers as is provided in other cases to return such parole violator to such penitentiary, reformatory or other institution. The case of such

parole violator, when so returned shall be brought before the said Department of Public Welfare for determination of such parole violation, and if said Department shall determine upon hearing, such prisoner violated his or her parole agreement, he or she shall be detained in said penitentiary, reformatory or other institution to serve the maximum term of his or her sentence, giving credit only for time faithfully served in prison and on parole before violation: Provided, however, such returned prisoner or ward may again be paroled or discharged earlier than the termination of the maximum sentence in the discretion of the Department of Public Welfare.

(HOUSE BILL No. 640. APPROVED JUNE 28, 1919.)

AN ACT to amend section forty-four (44) of an Act entitled, "An Act to provide for the construction, reparation and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes, and to provide for the organization of drainage districts," approved and inforce May 29th, 1879, as subsequently amended by amending section forty-four (44) thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section forty-four (44) of an Act entitled, "An Act to provide for the construction, reparation and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes, and to provide for the organization of a drainage district," approved and in force May 29th, 1879; as subsequently amended, be and the same is hereby amended to read as follows:

PETITION FOR ABANDONMENT. § 44. At any time before the contract shall have been made for the construction of any drain, ditch. levee or other work provided for in the report of the commissioners, or the order of the court made in pursuance thereof, which is sought to be abandoned, as hereinafter provided, upon petition of the majority of the adult land owners of the district representing one-third of its area, the County Court may if upon due inquiry it shall be satisfied that justice towards all the land owners of said district requires it, direct the commissioners to abandon any drain, ditch, levee or other work, or any part thereof, mentioned in such report or order. Upon the filing of any such petition it shall be set down for hearing by the court, and notices of the filing of such petition, and of the general nature of the relief sought by the petitioners, shall be given by the clerk of the court in which such petition is filed for the length of time

and in the manner (so far as applicable to the nature of the proceedings) required by section three (3) of the Act to which this is an amendment. The court may, for good cause, after the proof of notice as aforesaid, continue the hearing of such application from time to time, and any person or persons interested may appear and resist such application; and the court after a full hearing of all material facts pertaining thereto may make such order in the premises as shall appear to the court to be just. If the court shall determine that any portion of the proposed work shall be abandoned, it shall ascertain to what extent the cost of such proposed work shall be diminished thereby; and if the assessments for benefits shall have been made, such portion of said assessments shall be abated in such uniform proportion as such change of plans shall render unnecessary for the completion of such works according to such modified or altered plans and if any lands shall have been assessed by the commissioners which, on account of such change of plans, will be wholly deprived of the benefits contemplated in the original plans, the court shall order that the entire assessments against such lands be abated. If such order shall be made after the assessments shall have been collected, the court shall order such proportion of said assessments as may be abated to be refunded to the person who may have paid the same or their lawful representatives, and for non-compliance with such order the commissioners and the treasurer of said district respectively and their sureties shall be liable upon their respective bonds. And the court may make any other or further order in pursuance of the objects of this section of this Act, as justice to all persons whose interests may be affected by it may require. And at any time before the contract for the construction of the proposed works shall have been made, upon presentation to the County Court of a petition signed by a majority in number of all the land owners of such district, and owning more than one-half in area of lands in the district to which the petitioners belong, praying that the whole system of proposed works may be abandoned and the district abolished, the court shall enter upon its record an order granting the prayer of such petition, upon condition that the petitioner pay all court costs within thirty (30) days from the rendition of such order. If such petitioners fail to comply with such order, it shall be considered after the expiration of said thirty (30) days, as of no force or effect whatever. If the district be abolished under this section, assessments collected shall be refunded to the persons who have paid the same, or their representatives. Provided that the petitioners shall have the right to withdraw from said petition upon the same grounds and in the same manner as is provided by section four (4) of the Act to which this Act is an amendment. All of the provisions of this Act shall apply, as far as the same can be applied, to all drainage districts heretofore organized under the jurisdiction of justices of the peace, in pursuance of the provisions of the Act to which this Act is an amendment. APPROVED June 28, 1919.

ASSESSING LANDS OUTSIDE OF DISTRICT.

$ 1. Amends section 58. Act of 1879.

§ 58.

Assessing lands benefited outside of districtproceedings-shall be in county in which majority is situated.

(HOUSE BILL No. 68. FILED JULY 11, 1919.)

AN ACT to amend section fifty-eight (58) of an Act entitled "An Act to provide for the construction, reparation and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes, and to provide for the organization of drainage districts", approved and in force May 29th, 1879, and the Acts amendatory thereto.

SECTION 1: Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section fifty-eight (58) of an Act entitled: "An Act to provide for the construction, reparation and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes and to provide for the organization of drainage districts" be amended to read as follows:

§ 58. Any land lying outside of the drainage district as organized, the owner or owners of which shall thereafter make connection with the main ditch or drain or with any ditch or drain within the district as organized and whose lands are or will be benefited by the work of such district, shall be deemed to have made voluntary application to be included in such drainage district; and thereupon the commissioners shall make complaint in writing, setting forth a description of such land or lands benefited, and amount of benefits; the name of the owner or owners thereof, also a description of the drain or ditch making connection with the ditches of such district, as near as may be; and file said complaint in the County Court or before a justice of the peace. The court or justice of the peace shall fix a day, not less than fifteen days from such filing, when he will hear such complaint, and thereupon the commissioners shall give ten days' notice thereof in writing; said notice shall embrace a copy of such complaint, and service thereof shall be by reading or delivering a copy thereof to such owner or owners, or by either publishing a copy of said petition or posting copies thereof within the territory sought to be annexed in the same manner as provided by section three (3) of said Act; and affidavit of such service shall be evidence thereof. At the time fixed, or at a time continued from such time fixed, the court or justice of the peace, shall hear said cause, and if the complaint is before a justice of the peace, and judgment is rendered in favor of said district, he shall record a copy of said complaint, and service of notice thereof together with his judgment thereon upon his docket, and if the district was organized before the County Court, he shall transmit a certified copy of such complaint and judgment to the clerk of such court who shall file and record the same, or if the complaint was heard by the County Court, in which such district was organized and judgment given in favor of said district, a record of such judgment giving a description

of such land annexed shall be made, and such lands described in the complaint in either case, shall be deemed a part of such district and shall be assessed as other lands therein. The assessments of benefits against such lands so added to said district, may be made at any time the commissioners may deem proper; and the assessment roll thereof shall be filed and recorded and proceedings thereon had as in other cases; or such lands may be assessed when all lands throughout the district are assessed; provided that when the lands so added lie in another county from which the said district was organized and have the effect of changing the acreage so that the county in which said district was organized contains no longer a majority of the acreage of said district or a majority of the land owners of said district, then all proceedings thereafter had pertaining to said district shall be in the county in which the majority of the acreage and a majority of the owners of the lands of said district is situated. And the county clerk of the county in which said district was organized, or which prior to said annexation contained a majority of the acreage, shall transmit to the county clerk of the county in which a majority of the acreage and a majority of the owners of the lands in said district is situated, a copy of the order organizing said district, a copy of all assessments for benefits and confirmed by the court and a copy of such other records as may be designated by the court in which the majority of the acreage lies.

FILED July 11, 1919.

The Governor having failed to return this bill to the General Assembly during its session, and having failed to file it in my office, with his objection, within ten days after the adjournment of the General Assembly, it has thereby become a law. Witness my hand this 11th day of July, A. D. 1919.

LOUIS L. EMMERSON, Secretary of State.