Sidebilder
PDF
ePub

quent proceedings as are now or may hereafter be required by law, shall become entitled to an owner's certificate of title to such registered land, it shall not be essential that the original owner's duplicate certificate of title on which such mortgage or trust deed was noted as a lien be delivered to, and retained by, the registrar of titles, but the mortgagee's duplicate certificate of title may be delivered to, received and retained by the registrar of titles with the same force and effect as if the original owner's duplicate certificate of title had been delivered to, received and retained by him.

[blocks in formation]

AN ACT to amend sections 5 and 7 of an Act entitled, "An Act to authorize cities, incorporated towns and townships, to establish and maintain free public libraries and reading rooms," approved and in force March 7, 1872, as amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Sections 5 and 7 of an Act entitled, "An Act to authorize cities, incorporated towns and townships, to establish and maintain free public libraries and reading rooms," approved and in force March 7, 1872, as amended, are amended to read as follows:

§ 5. Said directors shall, immediately after appointment, meet and organize by the election of one of their number president, and by the election of such other officers as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own guidance and for the government of the library and reading room as may be expedient, not inconsistent with this Act. They shall have the exclusive control of the expenditure of all moneys collected to the credit of the library fund, and of the construction of any library building, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose. All moneys received for such library shall be deposited in the treasury of said city to the credit of the library fund, and shall be kept separate and apart from other moneys of such city, and drawn upon by the proper officers of said library, upon the properly authenticated vouchers of the library board. Said board shall have power to purchase or lease grounds, to occupy, lease or erect an appropriate building or buildings for the use of said library, shall have power to appoint a suitable librarian and necessary assistants, and fix their compensation, and shall also have power to remove such appointees, and shall, in gen

eral, carry out the spirit and intent of this Act, in establishing and maintaining a public library and reading room.

§ 7. Within fifteen days after the expiration of each fiscal year of the city, incorporated town, township or village, the board of directors shall make a report of the condition of their trust on the last day of the fiscal year, to the city council, board of town auditors or board of trustees, as the case may be. This report shall be made in writing and shall be verified under oath by the secretary, or some other responsible officer of the board of directors. It shall contain (a) an itemized statement of the various sums of money received from the library fund and from other sources; (b) an itemized statement of the objects and purposes for which those sums of money have been expended; (c) a statement of the number of books and periodicals available for use, and the number and character thereof circulated; (d) a statement of the real and personal property acquired by devise, bequest, purchase, gift or otherwise; (e) a statement of the character of any extensions of library service which have been undertaken; (f) a statement of the financial requirements of the library for the ensuing fiscal year, and of the rate of tax which, in the judgment of the board of directors, it will be necessary to levy for library purposes in the next annual tax levy ordinance; and (g) any other statistics, information and suggestions that may be of interest. A report shall also be filed, at the same time, with the Illinois Library Extension Commission.

APPROVED May 10, 1919.

LIENS.

MECHANICS.

§ 1. When lien given.

§ 1. Amends section 1, Act of 1903 as subsequently amended.

(HOUSE BILL No. 105. APPROVED JUNE 28, 1919.)

AN ACT to amend section 1 of an Act entitled, “An Act to revise the law in relation to mechanics' liens, to whom, what for, and when lien is given; who is a contractor; area covered by and extent of lien; when the lien attaches," approved May 18, 1903, in force July 1, 1903, as amended by an Act approved June 16, 1913, in force July

1, 1913.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 1 of an Act entitled, "An Act to revise the law in relation to mechanics' liens, to whom, what for, and when lien is given; who is a contractor; area covered by and extent of lien; when the lien attaches," approved May 18, 1903, in force July 1, 1903, as amended by an Act approved June 16, 1913, in force July 1, 1913, be and the same is hereby amended to read as follows:

§ 1. WHEN LIEN GIVEN.] That any person who shall by any contract or contracts, express or implied, or partly expressed or implied, with the owner of a lot or tract of land, or with one whom such owner has authorized or knowingly permitted to contract for the improvement

of, or to improve the same, furnish material, fixtures, apparatus or machinery, forms or form work used in the process of construction where cement, concrete or like material is used for the purpose of or in the building, altering, repairing or ornamenting any house or other building, walk or sidewalk, whether such walk or sidewalk be on the land or bordering thereon, driveway, fence or improvement or appurtenances thereto on such lot or tract of land or connected therewith, and upon, over or under a sidewalk, street or alley adjoining; or fill, sod or excavate such lot or tract of land, or do landscape work thereon or therefor; or raise or lower any house thereon or remove any house thereto; or perform services as an architect or as a structural engineer for any such purpose; or furnish or perform labor or services as superintendent, timekeeper, mechanic, laborer or otherwise, in the building, altering, repairing or ornamenting of the same; or furnish material, fixtures, apparatus, machinery, labor or services, forms or form work used in the process of construction where concrete, cement or like material is used, on the order of his agent, architect, structural engineer or superintendent having charge of the improvements, building, altering, repairing or ornamenting the same, shall be known under this Act as a contractor, and shall have a lien upon the whole of such lot or tract of land and upon the adjoining or adjacent lots or tracts of land of such owner constituting the same premises and occupied or used in connection with such lot or tract of land as a place of residence or business; and in case the contract relates to two or more buildings, on two or more lots or tracts of land, upon all such lots and tracts of land and improvements thereon for the amount due to him for such material, fixtures, apparatus, machinery, services or labor, and interest from the date the same is due. This lien shall extend to an estate in fee, for life, for years, or any other estate or any right of redemption, or other interest which such owner may have in the lot or tract of land at the time of making such contract or may subsequently acquire therein, and shall be superior to any right of dower of husband or wife in said premises, provided the owner of such dower interest had knowledge of such improvement and did not give written notice of his or her objection to such improvement before the making thereof; nor shall the taking of additional security by the contractor or sub-contractor be a waiver of any right of lien which he may have by virtue of this Act, unless made a waiver by express agreement of the parties; and this lien shall attach as the date of the contract. APPROVED June 28, 1919.

[blocks in formation]

AN ACT to amend section 23 of an Act entitled, "An Act to revise the law in relation to mechanics' liens, to whom, what for, and when lien is given; who is a contractor; area covered by and extent of lien; when the lien attached," [attaches] approved May 18, 1903, in force July 1, 1903, as amended by an Act approved June 16, 1913, in force July 1, 1913.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 23 of an Act entitled, "An Act to revise the law in relation to mechanics' liens, to whom, what for, and when lien is given; who is a contractor; area covered by and extent of lien; when the lien attaches," approved May 18, 1903, in force July 1, 1903, as amended by an Act approved June 16, 1913, in force July 1, 1913, be and the same is hereby amended to read as follows:

§ 23. Any person who shall furnish material, apparatus, fixtures, machinery or labor to any contractor having a contract for public improvement for any county, township, school district, city or municipality in this State, shall have a lien on the money, bonds or warrants due or to become due such contractor under such contract: Provided such person shall, before payment or delivery thereof is made to such contractor, notify the official or officials of the county, township, school district, city or municipality whose duty it is to pay such contractor of his claim by a written notice; and, provided further, that such lien shall attach only to that portion of such money, bonds or warrants against which no voucher or other evidence of indebtedness has been issued and delivered to the contractor by or on behalf of the county, township, school district, city or municipality as the case may be at the time of such notice. It shall be the duty of any such official so notified to withhold a sufficient amount to pay such claim until the same is admitted by the contractor, or adjusted by the agreement of the parties, or there has been an adjudication of the same in a court of competent jurisdiction, and thereupon to pay the amount so determined to be due such claimant, if any, and to that end the said county, township, school district, city or municipality or any of the other parties interested may institute suit in the same manner as is provided herein in case of privately owned real estate to determine the rights of the parties when such claim is filed.

Any person who shall furnish material, apparatus, fixtures, machinery or labor to any contractor having a contract for public improvement for the State, may have a lien on the money, bonds or warrants due or about to become due such contractor under the contract. by filing with the official whose duty it is to pay such contractor a

sworn statement of the claim showing with particularity the several items and the amount claimed to be due on each; but the lien shall attach to only that portion of the money, bonds or warrants against which no voucher or other evidence of indebtedness has been issued and delivered to the contractor by or on behalf of the State.

The person so claiming a lien shall, within thirty (30) days after filing notice with the State official, commence proceedings by bill in equity for an accounting, making the contractor to whom such material, apparatus, fixtures, machinery or labor was furnished, party defendant, and shall, within the same period notify the official of the State of the commencement of such suit by delivering to him a certified copy of the bill filed; provided, that suit shall be commenced and a copy of the bill served upon the State official not less than fifteen (15) days before the date when the appropriation from which such money is to be paid, will lapse. It shall be the duty of the State official after the sworn statement has been filed with him, to withhold payment of a sum sufficient to pay the amount of such claim, for the period limited for the filing of suit, unless otherwise notified by the person claiming the lien.

Upon the expiration of this period the money, bonds or warrants so withheld shall be released for payment to the contractor unless the person claiming the lien shall have instituted proceedings and served the official of the State with the certified copy of the bill as herein provided, in which case, the amount claimed shall be withheld until the final adjudication of the suit is had: Provided, the State official may pay over to the clerk of the court in which such suit is pending, a sum sufficient to pay the amount claimed to abide the result of such suit and be distributed by the clerk according to the decree rendered.

Any payment so made to such claimant or to the clerk of the court shall be a credit on the contract price to be paid to such contractor. Any officer violating the duty hereby imposed upon him shall be liable on his official bond to the claimant serving such notice for the damages resulting from such violation, which may be recovered in an action at law in any court of competent jurisdiction. There shall be no preference between the persons serving such notice, but all shall be paid pro rata in proportion to the amount due under their respective contracts."

[blocks in formation]

AN ACT to amend section 11 of an Act entitled, "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 11 of an Act entitled, "An Act concerning local improvements," approved June 14,

« ForrigeFortsett »