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lars per annum for as many months as will elapse between the date of issuance of such license and the first day of July of the calendar year succeeding the calendar year in which such license is issued, and such payment shall be for the privilege of doing an insurance business in this State during the period aforesaid. § 14. Each insurance corporation, company and association required by this Act to make a report on or before the first day of August, A. D. 1919, shall pay a tax equivalent to two per centum of the gross amount of premiums received by it during the preceding calendar year ending December 31, on contracts covering risks within this State, which gross amount of premiums shall include all premiums received during such preceding calendar year on all policies, annuity contracts, certificates, renewals, policies subsequently cancelled, insurance and reinsurance executed, issued and delivered during such preceding calendar year, and all premiums that are received during such preceding calendar year on all policies, annuity contracts, certificates, renewals, policies subsequently cancelled, insurance and reinsurance executed, issued and delivered in all years prior to such preceding calendar year, whether such premiums were in the form of money, notes, credits, or any other substitute for money, after deducting from such gross amount of premiums the amount of returned premiums on cancelled policies covering risks within this State (but returns on life insurance policies, commonly known as surrender values, shall not he considered returned premiums on cancelled policies), and after deducting the amount paid for reinsurance of risks within this State to companies duly licensed to transact business in this State, and also the amount returned to holders of policies on risks within this State as dividends, paid in cash or applied in reduction of premiums. From the amount of the tax thus computed there shall be deducted the amount paid (if any) by such corporation, company or association to cities and villages, dur: ing the year 1918, as a tax on premiums received in such cities and villages, for the benefit of organized fire departments; also one-half of the amount (if any) theretofore paid by such corporation, company or association, in the year 1919, to this State under any reciprocal law of this State as a tax on its gross premiums, and the remainder shall be assessed against such corporation, company or association as a tax for the privilege of doing an insurance business in this State for the year commencing on the first day of July, A. D. 1919 and ending on the thirtieth day of June, A. D. 1920, and which tax shall be due and payable on or before the first day of October, A. D. 1919. Said tax shall be assessed as provided in section 5 hereof and notice thereof given as provided in section 9 hereof on or before September 1, 1919. If said tax is not paid on or before the last day of October, 1919, it shall be deemed to be delinquent and there shall be added a penalty of five per centum for each month or part of month that the same is delinquent, commencing with the month of November, 1919. § 15. The authority of each non-resident corporation, company and association, admitted to do an insurance business in this State, shall be evidenced by a license to be issued by the Department of Trade
and Commerce, in which shall be stated the kind or kinds of insurance business authorized to be transacted. All licenses issued by virtue of the provisions hereof shall terminate on the thirtieth day of June next after the date thereof, and may be renewed annually thereafter upon compliance with the laws of this State. § 16. Nothing in this Act contained shall be so construed as to prevent the Department of Trade and Commerce from cancelling or revoking any license issued to any corporation, company or association for any cause now or hereafter provided by law, and in case the license of any such corporation, company or association is revoked by the Department of Trade and Commerce for any such cause, such corporation, company or association shall not be entitled to a return of any part of any privilege tax theretofore paid by it. § 17. If any clause, sentence, paragraph, or mart of this Act shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair, invalidate or nullify the remainder of this Act; but the effect thereof shall be confined to the clause, sentence, paragraph, or part thereof immediately involved in the controversy in which such judgment or decree shall be rendered. § 18. All Acts and part of Acts in conflict herewith are hereby repealed. APPROVED June 28, 1919.
JOINT RIGHTS AND OBLIGATIONS.
TENANCY, § 1. Joint tenancy defined. § 4. Trespass or trover. § 2. Survivorship rights abolished— § 5. Repeals section 5, Act of 1872, proviso as to bank account. concerning conveyances.
§ 3. What held joint and several.
AN ACT to revise the law in relation to joint rights and obligations.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That no estate in joint tenancy in any lands, tenements or hereditaments shall be held or claimed under any grant, devise or conveyance whatsoever heretofore or hereafter made, other than to executors and trustees unless the premises therein mentioned shall expressly be thereby declared to pass not in tenancy in common but in joint tenancy; and every such estate other than to executors and trustees (unless otherwise expressly declared as aforesaid), shall be deemed to be in tenancy in common and that all conVoyances heretofore made, or which hereafter may be made, wherein the premises therein mentioned were or shall be expressly declared to Pass not in tenancy in common but in joint tenancy, are hereby declared to have created an estate in joint tenancy with the accompanying ght of survivorship the same as it existed prior to the passage of an Act entitled: “An Act to amend section 1 of an Act entitled: “An Act to revise the law in relation to joint rights and obligations,’ approved
634 JUSTICES OF THE PEACE AND CONSTABLES.
February 25, 1874, in force July 1, 1874,” approved June 26, 1917, in force July 1, 1917. § 2. Except as to executors and trustees, and except also where by will or other instrument in writing expressing an intention to create a joint tenancy in personal property with the right of survivorship, the right or incident of survivorship as between joint tenants or owners of personal property is hereby abolished, and all such joint tenancies or ownerships shall, to all intents and purposes, be deemed tenancies in common; provided, that... when a deposit in any bank or trust company transacting business in this State has been made or shall hereafter be made in the names of two or more persons payable to them when the account is opened or thereafter, such deposit or any part thereof or any interest or dividend thereon may be paid to any one of said persons whether the other or others be living or not, and when an agreement permitting such payment is signed by all said persons at the time the account is opened or thereafter the receipt or acquittance of the person so paid shall be valid and sufficient discharge from all parties to the bank for any payments so made. § 3. Except as otherwise provided in this Act, all joint obligations and covenants shall be taken and held to be joint and several obligations and covenants. § 4. If any person shall assume and exercise exclusive ownership over, or take away, destroy, lessen in value, or otherwise injure or abuse any property held in joint tenancy or tenancy in common, the party aggrieved shall have his action of trespass or trover for the injury in the same manner as he would have if such joint tenancy or tenancy in common did not exist. § 5. Section 5 of an Act entitled: “An Act concerning conveyances,” approved March 29, 1872, in force July 1, 1872, as amended. is repealed. § 6. An Act entitled: “An Act to revise the law in relation to joint rights and obligations,” approved February 25, 1874, in force July 1, 1874, as amended, is repealed. APPROVED June 30, 1919.
JUSTICES OF THE PEACE AND CONSTABLES.
JUSTICES OF THE PEACE AND CONSTABLES.
§ 1. Amends section 1, Article X, Act § 1. Appeals—fee to be paid of 1895. w it h in twenty days from rendition of judg
ment—form of bond.
(SENATE BILL No. 166. Approved JUNE 12, 1919.)
AN ACT to amend section 1 of Article X of an Act entitled, “An Act to revise the law in relation to justices of the peace and constables", approved June 26, 1895, in force July 1, 1895, as amended. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 1 of Article X of an Act entitled, “An Act to revise the law in relation to justices of the
.JUSTICES OF THE PEACE AN 1) CONSTABLES. 635
peace and constables”, approved June 26, 1895, in force July 1, 1895, as amended, is amended to read as follows:
§ 1. Appeals from judgments of justices of the peace and police magistrates to the Circuit or County Court, and in the City Court in cities in which there is a City Court, shall be granted in all cases except on judgments confessed, and in the county of Cook appeals may also be granted to the Superior Court of said county. The party praying for an appeal shall, within twenty days from the rendition of the judgment, pay the fee provided by law for the filing of such appeal, and enter into bond with security to be approved and conditioned as hereinafter provided, in substance as follows:
Know all Men by these Presents, That we, A B and C D, are held and firmly bound unto E F in the penal sum of (here insert double the amount of judgment and costs), lawful money of the United States, for the payment of which well and truly to be made, we bind ourselves, our heirs and administrators jointly, severally and firmly by these presents.
Witness our hand and seal, this. . . . . . . . . day of . . . . . -- - - - - - - - - - - > 19. . . . .
The condition of the above obligation is such that whereas the said E. F. did, on the . . . . . . . . day of . . . . . . . . . . . . . . . . A D, 19. ..., before - - - - - - - - - - - - - - - - - - - - a justice of the peace (or police magistrate) for - - - - - - - - - - - - - county, (city or village), recover a judgment against the above bounden A B for the sum of . . . . . . . . . . . . . dollars (or for costs, as the case may be), from which judgment the said A. B. . . . . . . . . . . . . has taken an appeal to the . . . . . . . . Court in the county of . . . . . . . . . . . . Now, if the said A B shall prosecute his appeal with effect, and pay whatever judgment shall be rendered against him by said court upon the trial of said appeal, or by consent, or in case the appeal is dismissed, or in case the matter in controversy is settled between the parties to the action without a trial by the court appealed to, will pay the judgment rendered against him by the said justice (or police magistrate) and all costs occasioned by said appeal (or if the judgment appealed from is in favor of the appellant, omit the words, judgment rendered against him by said justice or police magistrate)—then the above obligation to be void; otherwise to remain in full force and effect.
A. B. (SEAL)
Approved by me, this. . . . . . day of . . . . . . . . . . . . . . . , A. D. 19. . . .
The bond shall be approved by and filed with either the justice of the peace rendering said judgment or the clerk of the court to which the appeal is taken. When the bond is filed with the justice and payment of the fee for the appeal made to him, he shall suspend all proceedings in the case, and if execution shall have been issued he shall recall the same and shall, within twenty days after receiving the appeal fee and receiving and approving the bond, file the bond in the office of the clerk of the court to which the appeal is taken, and pay to him the fee for the appeal. If the bond is filed with the clerk of the court to which the appeal is taken, it shall be approved by him, and upon the approval of the bond, the clerk shall issue a supersedeas enjoining the justice and constable from proceeding any further in said suit, and suspending all proceedings in relation thereto, and he shall issue a summons to the appellee to appear at the term of the court to which the appeal is returnable, which summons and supersedeas shall be served and returned as summons in other cases. As soon as the supersedeas, issued as aforesaid, shall be served on the justice who gave the judgment and the constable in whose hands an execution or other process may be in relation thereto, they shall suspend all further proceedings thereon. The justice shall, within twenty days after the filing of the bond with him and the payment of the appeal fee, or the service upon him of the supersedeas, deliver to the clerk of the court to which the appeal is taken, all the papers in the case and a transcript of his docket in the case with a certificate under his hand that said transcript and papers contain a full and perfect statement of all the proceedings before him. APPROVED June 12, 1919.
CONVEYANCES-PROCEEDINGS IN CHANCERY.
§ 1. Amends section 96, Act of 1897. $ 96. Award of damages and - costs — payable out of indemnity fund.
(House, BILL No. 59. APPROVED JUNE 28, 1919.)
AN ACT to amend section 96 of an Act entitled, “An Act concerning land titles,” approved and in force May 1, 1897.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 96 of an Act entitled, “An Act concerning land titles,” approved and in force May 1, 1897, be and the same is hereby amended so as to read as follows:
§ 96. The court may in any case contemplated in sections 93 and 94 in addition to the costs, award such damages as it shall deem just in the premises. The damages and costs so awarded shall be payable out of the indemnity fund created by sections 99 and 100 of this Act in the manner provided by section 102 of this Act.
APPROVED June 28, 1919.
CONVEYANCES-REGISTRATION OF TITLES.
§ 1. Amends sections 5 and 6, Act of § 6. Liability of registrar for 1807. acts of deputy.
AN ACT to amend sections 5 and 6 of an Act entitled, “An Act concerning land titles,” approved and in force May 1, 1897.
SECTION 1. Be it enacted by the People of the State of Illinois.
represented in the General Assembly: That sections 5 and 6 of an Act