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MECHANICS'—LIEN AGAINST FUND DUE, ETC.

§ 1. Amends section 23, Act of 1903, § 23. Lien against fund due as subsequently amended. or to become due contractors for public improvement — notice—statement of claim — proceedings for accounting — duty and liability of official.

(House BILL No. 681. APPROVED JUNE 28, 1919.)

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 ertent of lien; when the lien attached,” [attaches] approved Hay 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 hill 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 he distributed by the clerk according to the decree rendorod. Any payment so made to such claimant or to the clork 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 he 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.” APPROVED June 28, 1919.

LOCAL IMPROVEMENTS.

PUPLICATION OF OR DINANCE. § 1. Amends section 11, Act of 1897. § 11. Publication of ordinance. (SENATE BILL No. 138. APPRoved MAY 10, 1919.)

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, 1897, in force July 1, 1897, be and the same is hereby amended so as to read as follows:

§ 11. PUBLICATION of ordin ANCE] Upon the presentation to the common council or board of trustees of such proposed ordinance, together with such recommendation and estimate, if the said estimate of cost shall exceed the sum of one hundred thousand dollars ($100,000.00), (exclusive of the amount to be paid for land to be taken or damaged), such ordinance shall be referred to the proper committee and published in the proceedings of the council or board of trustees, in the usual way, in full, with the recommendation and estimates, at least one week before any action shall be taken thereon by the council or board of trustees. Provided, however, that in any city, village or incorporated town which does not regularly publish the proceedings of its council or board of trustees, such ordinance after having been referred to the proper committee shall, together with the recommendation and estimates, be published in full in some daily newspaper of said city, village or town. or if no daily newspaper is published in such city, village or town, and a weekly paper is published therein, then in some weekly newspaper; or if no daily or weekly newspaper is published in such city, village or town, then in some other newspaper published in the county in which such city, village or town is situated to be designated by said council or board of trustees. Such publication shall be at least one week before any action shall be taken on such ordinance by the council or board of trustees.

APPROVED May 10, 1919.

SUPPLEMENTAL ASSESSMENTS.

§ 1. Amends section 59, Act of 1897. $ 59. Supplemental as sessments—rebates.

(SENATE BILL No. 234. APPROVED JUNE 21, 1919.)

AN ACT to amend section 59 of an Act entitled, “An Act concerning local improvements,” approved June 1, 1897, and in force July 1, 1897, as subsequently amended. SECTION 1. Be it enacted by the People of the State of Illinois. represented in the General Assembly: That section 59 of an Act entitled, “An Act concerning local improvements,” approved June 14, 1897, in force July 1, 1897, as subsequently amended, be and the same is hereby amended, said section as amended to read as follows: § 59. SUPPLEMENTAL AssessMENTs—REBATEs.] At any time after bids have been received pursuant to the provisions of this Act, if it shall appear to the satisfaction of the board of local improvements that the first assessment is insufficient to pay the contract price or the bonds or vouchers issued or to be issued in payment of such contract price, to: gether with the amount required to pay the accruing interest thereon, said board shall make and file an estimate of the amount of such deficiency and thereupon a second or supplemental assessment for such estimated deficiency of the cost of the work and interest may be made In the same manner as nearly as may be as in the first assessment, and so on until sufficient money shall have been realized to pay for such

improvement and such interest. It shall be no objection to such assessment that the prior assessment has been levied, adjudicated and collected unless it shall appear that in such prior cause upon proper issue made, it was specially found in terms, that the property objected for would be benefited by said improvement no more than the amount assessed against it in such prior proceedings. If too large a sum shall at any time be raised, the excess shall be refunded ratably to those against whom the assessment was made: Provided, however, the petitioner, in case it so elects, may dismiss the petition and vacate the judgment of confirmation either at or after the term at which the judgment of confirmation is rendered, and begin new proceedings for the same or a different improvement as provided in section 56 of this Act as amended. Provided, further, that if said estimated deficiency shall exceed ten per centum of the original estimate, then no contract shall be awarded until a public hearing shall be had on said supplemental proceeding in like manner as in the original proceedings: And, provided, further, that no more than one (1) supplemental assessment. shall be levied to meet any deficiency where said deficiency is caused by the original estimate made by the engineer, being insufficient. And, provided, further, that if any local improvement has heretofore been constructed or is now in process of construction or contracts have been entered into for its construction, under the direction of the board of local improvements pursuant to an ordinance providing that such improvement should be constructed and paid for by special assessment, it shall be no objection to any supplemental assessment proceeding now pending or hereafter instituted with respect to any such improvement that a public hearing on said supplemental proceeding was not had before the execution of the contract for the construction of such improvement. APPROVED June 21, 1919.

MEDICINE AND SURGERY.

COLLEGE OF vETERINARY MEDICINE AND SURGERY AT UNIVERSITY OF ILLINOIS.

§ 1. Who to establish. § 3. Plan to be submitted.
§ 2. Course of instruction.
(SENATE BILL No. 181. APPROVED JUNE 16, 1919.)

AN ACT to provide for a veterinary college at the University of Illinois. SECTION “1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: The trustees of the University of Illinois are authorized and directed to establish as a department of the University, a college of veterinary medicine and surgery. . § 2. The veterinary college shall offer and give such courses of instruction as will, in the opinion of the trustees, best serve to educate and equip candidates for the practice of veterinary medicine and surgery. § 3. In pursuance of this authority and direction, the trustees are further directed to prepare and submit to the next General Assembly a plan for such a college, based upon study of similar colleges elsewhere and consultation with the livestock and veterinary interests

of this State, together with budget estimates of the appropriation neces

sary to carry out the intent of this Act. APPROVED June 16, 1919.

DENTAL SURGERY. § 1. Repeals section 14, Act of 1909. (Hovse BILL No. 541. FILED JULY 11, 1919.)

AN ACT to repeal section 14 of an Act entitled: “An Act to regulate the practice of dental surgery and dentistry in the State of Illinois, and to repeal certain Acts therein named,” approved June 11, 1909, in force July 1, 1909, as amended. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 14 of an Act entitled: “An Act to regulate the practice of dental surgery and dentistry in the State of Illinois, and to repeal certain Acts therein named.” approved June 11, 1909, in force July 1, 1909, as amended, is repealed. 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 objections, 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.

OPTOMETRY. § 1. Certificate of registration re- § 10. When certificate may be refused quired. or revoked. 2. Practice defined. § 11. Requirements when lic ense d

under laws of another state.

Who exempt.
- § 12. Fee to be paid.
Qualifications for certificate.
§ 13. Department of Registration and
Application for certificate. Education may adopt rules and
regulations.

Who shall hold examinations.
§ 14. What constitutes misdemeanor.
When certificate shall issue.

§ 15. Department of Registration and Certificate to be displayed—when Education to keep record.

certificate of identification
necessary. - § 16. Act to be known as “The Illi-
nois Optometry Act”.

$ 9. Renewal.
(House, BILL No. 80. APPROVED APRIL 19, 1919.)

AN ACT in relation to the regulation of the practice of optometry. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: After the first day of October, 1919, it shall be unlawful for any person to practice, or to attempt to practice optometry, without a certificate of registration as a registered optometrist, issued by the Department of Registration and Education, pursuant to the provisions of “An Act in relation to the civil administration of the State government, and to repeal certain Acts therein named,” approved March 7, 1917, in force July 1, 1917. After the first day of October, 1919, it shall, also, be unlawful for any person to serve, or to attempt to serve, as an apprentice under a

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