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by section 26 of this Act by paying into the fund the sum equal to that which he or she would have contributed had he or she been a regular contributor to said fund during the period of such service together with simple interest thereon at the rate of four (4%) per cent per annum from the time such payments would have been made to the time when such person shall, by making the payments, become entitled to the benefits and credits of such past service.
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.
CONTINUANCE FOR EVIDENCE.
Amends section 62, Act of 1907.
$ 62. Affidavit showing witness
in military naval
service-emergency. APPROVED JUNE 28, 1919.)
(HOUSE Bill No. 275. AN Act to amend section 62 of an Act entitled, “An Act in relation
to practice and procedure in courts of record,” (approved June 3, 1907, in force July 1, 1907.)
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 62 of an Act entitled, “An Act in relation to practice and procedure in courts of record," (approved June 3, 1907, in force July 1, 1907) be and the same is hereby amended to read as follows:
"S 62. When either party shall apply for a continuance, of a cause on account of the absence of material evidence, the motion shall be supported by the affidavit of the party so applying or his authorized agent, showing that due diligence has been used to obtain such evidence, or the want of time to obtain it, and of what particular fact or facts the same consists, and if the evidence consists of the testimony of a witness, his place of residence, or if his place of residence is not known, showing that due diligence has been used to ascertain the same, and that if further time is given such evidence can be procured. Provided, however, that when such motion shall be supported by an affidavit showing that a material witness is in the military or naval service of the United States, or on duty in the Illinois National Guard, and was in such service prior to the term of court at which any cause at law or in equity is about to be tried, it shall not be necessary for any party desiring a continuance to show any diligence other than that the said witness was in such service as aforesaid, and when such affidavit shall be filed, the trial court shall continue such cause for a period not to exceed six months. The court may permit an additional affidavit to be filed to supply any necessary averment which has been omitted from the original affidavit. The court may, by consent of the adverse party, postpone the trial to a subsequent dar in the term, without prejudice,
however, to the right of either party to make further application, or may continue the trial until the next term of court.
Whereas, many cases are now pending in the State of Illinois wherein material witnesses are in the service of the United States and located in distant parts of the United States and in Europe.
Therefore, be it resolved, that an emergency exists, and this Act shall become effective from and immediately after its passage.
APPROVED June 28, 1919.
EVIDENCE AND DEPOSITIONS. $ 1. Amends section 36, Act of 1872.
$36. Subpoenas. (SENATE BILL NO. 257. APPROVED JUNE 12, 1919.) An Act to amend an Act entitled, “An Act in regard to evidence and
depositions in civil cases," approved March 29, 1872, in force July 1, 1872, as subsequently amended, by amending section 36 thereof.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 36 of an Act entitled, “An Act in regard to evidence and depositions in civil cases," approved March 29, 1872, in force July 1, 1872, as heretofore amended, be and the same is hereby amended so as to read as follows:
§ 36. Each and every commissioner, judge, justice of the peace, or clerk of court, master in chancery, notary public or other officer who may at any time be required to take depositions in any cause pending in any of the courts of law or equity in this State, or by virtue of any commission issued out of any court of record in any other state, territory or country, shall have power and authority to issue subpoenas if necessary, to compel the attendance of all such witnesses as shall be named in the commission, or by the parties litigant where no commission is necessary, and to compel such witnesses to produce books and papers, in the same manner as witnesses are directed to be subpoenaed in other cases (provided, that when a deposition is to be taken by virtue of any commission issued out of any court of record in any other state, territory or country, it shall not be lawful to so compel the attendance of a witness unless the witness resides or may be found in the county wherein such deposition is to be taken). When any such witness wilfully neglects or refuses to obey any such subpoena, or to testify, or to subscribe his deposition when correctly taken, the commissioner or officer issuing such subpoena, shall at once file a petition or complaint against the offending witness in the Circuit Court of the county in which such deposition is desired to be or has been taken or has been attempted to be taken, and shall set forth therein the facts of such wilful refusal or neglect, accompanying the same with a copy of the commission or other authority received by him, together with a copy of the subpoena and the return of service thereof and shall apply for an order requiring such witness to attend and testify, or produce books and papers before such commissioner or officer, or to subscribe his deposition at such time and place as may be specified in such order. Any Circuit Court of this State, or any judge thereof, either in term time or vacation, upon the filing of such petition or
complaint and upon due notice to the offending witness, may, in the judicial discretion of such court or such judge, order the attendance of such witness, the production of books and papers, and the giving of testimony, before any such commissioner or officer, and the subscribing of the deposition by the witness. If such offending witness shall fail or refuse to obey the order of the court and it shall appear to the court that the failure or refusal of such witness to obey its order is wilful, and without lawful excuse, the court shall punish such witness by fine and imprisonment in the county jail, or by fine, or imprisonment in the county jail as the nature of the case may require, as is now, or as may hereafter be lawful for the court to do in cases of contempt of court.
APPROVED June 12, 1919.
An Act to amend section 117 of an Act entitled, “An Act in relation
to practice and procedure. in courts of record,” approved and ind force July 1, 1907.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 117 of an Act entitled, “An Act in relation to practice and procedure in courts of record,” approved and in force July 1, 1907, be and the same is hereby amended to read as follows:
$ 117. A writ of error shall not be brought after the expiration of two years from the rendition of the decree or judgment complained of; but when a person thinking himself aggrieved by any decree or judgment that may be reversed in the Supreme Court or Appellate Court, shall be an infant, non compos mentis or under duress when the same was entered, the time of such disability shall be excluded from the computation of the said two years.
APPROVED June 28, 1919.
$1. Amends section 3, Act of 1874.
§ 3. Authority to enforce
closing of public build
ings. APPROVED JUNE 28, 1919.)
(SENATE BILL No. 447.
An Act to amend section 3 of an Act entitled: "An Act to regulate
the means of egress from public buildings," approved March 28, 1874, in force July 1, 1874.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 3 of an Act entitled : “An Act to regulate the means of egress from public buildings," ap
proved March 28, 1874, in force July 1, 1874, be and the same is hereby amended to read as follows:
$ 3. The Department of Trade and Commerce shall have power to enforce the provisions of this Act and in all cities and towns having a population of two thousand inhabitants and upwards, the Department of Trade and Commerce and the mayor, or other corporate authorities of said town or city, shall be empowered and they are hereby authorized to close and prohibit all public buildings, hereafter erected, from being used in violation of this Act.
APPROVED June 28, 1919.
ACQUISITION OF RAW MATERIALS AND MANUFACTURED PRODUCTS. $ 1.
Powers of Department of Public $ 3. “Public improvements" defined.
Works and Buildings.
credit or loan necessary ap-
(SENATE BILL No. 479. APPROVED JUNE 30, 1919.)
An Act in relation to the acquisition of raw materials and manufac
tured products enfering into public improvements of the State and defining the powers of the Department of Public Works and Buildings with reference thereto. SECTION 1. Be it enacted by the People of the State of Illinois
, represented in the General Assembly: The Department of Public Works and Buildings, with the approval in writing of the Governor, shall have power:
(1) To acquire by condemnation under the eminent domain laws of this state, lands, mines, quarries, gravel beds, clay beds, mineral deposits, or other property for procuring materials or producing manufactured products necessary in the construction and maintenance of public improvements by the State of Illinois :
(2) To lease, purchase, construct, maintain and operate lands, mines, plants and factories for the production of any raw materials or manufactured products necessary in the construction and maintenance of public improvements by the State of Illinois :
(3) To sell and dispose of to the best advantage of the State, raw materials and manufactured products produced by the operation of the lands, mines, plants and factories so acquired, maintained or operated :
(4) To enter into contracts with producers and manufacturers for the supply to the State of raw materials and manufactured products necessary in the construction and maintenance of public improrements by the State:
(5) To extend credit and make loans to any person, firm, association or corporation to aid and assist such person, firm, association or corporation in producing raw materials or manufactured products to be used by the State in the construction and maintenance of public improvements.
§ 2. No credit shall be extended nor loans made to any person, firm, association or corporation to aid and assist the same as aforesaid, unless and until such person, firm, association or corporation shall make, execute and furnish to the Department of Public Works and Buildings, pledges, promises and guarantees sufficient to secure the State on account of credit extended or loans made to such person, firm, association or corporation. Such pledges, promises and guarantees shall be approved by the Department of Public Works and Buildings and the Governor, before any credit is extended or loans made as aforesaid.
§ 3. The term “public improvements," as used and in this Act, shall mean and include any work or improvement which the Department of Public Works and Buildings is charged by law with building, constructing, maintaining or operating.
APPROVED June 30, 1919.
OFFICERS TO PUBLISH ANNUAL STATEMENTS.
Cost of publication-how paid.
§ 5. Non-compliance-penalties. Publish copy in certain news $ 6. Misdemeanor-penalties. paper.
§ 7. Repeal.
certificate of publication with
(HOUSE BILL NO. 461. APPROVED JUNE 24, 1919.)
An Act requiring custodians of public moneys to file and publish state
ments of the receipts and disbursements thereof, and to repeal an Act entitled, "An Act to require officers having in their custody public funds to prepare and publish an annual statement of the receipt and disbursement of such funds," approved May 30, 1881, in force July 1, 1881, and amendments thereto.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Each public officer, other than a State officer, who, by virtue of his office receives for disbursement and disburses public funds in the discharge of governmental or municipal debts and liabilities, shall, at the expiration of each fiscal year, prepare a statement:
(1) Of all moneys received and from what sources received, giving items, particulars and details; (2)
Of all moneys paid out, giving the name of each individual to whom paid, on what account paid, and the amount.
Such statement shall be subscribed and sworn to by the public officer making such statement, and, within thirty days after the expiration of such fiscal year shall be filed in the office of the county clerk of the county in which such public officer resides.
$ 2. Such public officer shall also, within thirty days after the expiration of such fiscal year, cause a true, complete and correct copy of