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such statement to be published one time in a newspaper published in the town, district or municipality in which such public officer holds his office, or, if no newspaper is printed and published in such town, district or municipality, then in the nearest newspaper printed in the English language published in the county in which such public officer resides.
§ 3. The publisher of the newspaper in which a copy of such statement is published shall, within ten days after the publication of such statement, file in the office of the county clerk a certificate of such publication with a printed copy of such statement attached, stating the number of times which the same shall have been published, and the dates of the first and last papers containing the same.
§ 4. The cost of such publication shall be paid by the public officer causing such publication to be made and shall be paid out of the funds in his hands.
§ 5. Any public officer, or any publisher, subject to the provisions of this Act, failing, neglecting or refusing to discharge any duty im. posed upon him by this Act shall, for each offense, forfeit the sum of not less than twenty-five dollars nor more than five hundred dollars to be recovered in an action of debt in the name of the People of the State of Illinois for the use of any person who may sue for the same.
$ 6. In addition to the penalties provided for in the foregoing section, any public officer, or any publisher, subject to the provisions of this Act, failing, neglecting or refusing to discharge any duty imposed upon him by this Act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than twentyfive dollars nor more than five hundred dollars or imprisoned in the county jail not longer than one year, or be punished by both such fine and imprisonment in the discretion of the court.
§ 7 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and disbursement of such funds,” approved May 30, 1881, in force July 1, 1881, and amendments thereto, is hereby repealed.
APPROVED June 24, 1919.
notice and -time -news
LOST OR DESTROYED RECORDS OF CONVEYANCES. $1. Amends section 12, Act of 1872.
$ 12. Petition-entries-publi.
pa per defined. (HOUSE BILL No. 583. APPROVED JUNE 28, 1919.) An Act to amend section 12 of an Act entitled, “An Act to remedy the
evils consequent upon the destruction of any public records by fire of otherwise". Approved and in force April 9, 1872.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 12 of an Act en: titled, “An Act to remedy the evils consequent upon the destruction of
day of ..
court of ...
if any,) and to all whom it may concern: CLAIMS AGAINST RAILROAD CORPORATIONS IN TRANSPORTATION OF
petition). Now, unless you appear at the... and you forever barred from disputing the same. sively, the first insertion to be at least thirty days prior to said term of newspaper published in one of the counties nearest thereto. Provided, the English language, and shall have been continuously published in said county for a period of at least six months.
APPROVED June 28, 1919. represented in the General Assembly: That any person, having a valid
any public records by fire or otherwise," approved and in force April 9, 1872, be amended to read as follows:
$ 12. It shall be the duty of the clerk of the court in which said petition is filed, to enter, in a separate book or books to be kept for the purpose, the names of the petitioners and defendants, the date of filing said petition, and a description of all the lands included therein, which record shall be at all times open to the public. All lands in each sepaTate town, addition, section or subdivision shall be entered on the same pace, or consecutive pages, with an index to said book or books, showing on what page any such separate town, addition, section or subdivision may be found. Šaid clerk shall also, 'in all cases, cause publication of notice to be made of the filing of said petition, which notice shall be entitled “Land Title Notice", and shall be substantially as follows: A. B. C. D. etc.
, (here giving the names of all known defendants, Take notice, that on the
A. D. 19...., a petition was filed by the undersigned, in the
county, to establish his title to the following (Here insert a full description of the lands in said
term of said court, (naming the first term after thirty days from the first insertion of said notice), and show cause against such application, said petition shall be taken for confessed, and the title or interest of said petitioner will be decreed and established according to the prayer of said petition,
E. F. Petitioner
APPROVED JUNE 28, 1919.)
of claims against common carriers by railroad for loss, damage or
SECTION 1. Bé it enacted by the People of the State of Illinois, bona fide claim against any common carrier by railroad doing business
(HOUSE BILL NO. 234.
in this State for loss, damage or delay of grain transported by such carrier in intra-state or interstate commerce, may present the same to such common carrier or to any duly authorized agent thereof as provided by State or Federal law, rule or regulation and if, at the expiration of ninety days after the presentation of such claim, the same has not been paid or satisfied, such claimant may institute suit thereon, and if such claimant establish by the decision of the court or jury thai the amount for which suit has been brought is justly due and owing to such claimant, and that such claim was presented as hereinbefore provided at least ninety days before suit was brought for a sum or sums not exceeding the amount so found due and owing, then it shall be the duty of the court before whom the case has been tried to allow the plaintiff, when the foregoing facts appear, a reasonable attorney's fee in addition to the amount found due and owing on such claim, such fee not to exceed ten per cent of the amount so established, provided that no such fee shall be less than ten dollars. Provided, however, that nothing in this Act shall be construed to appeal [repeal] or in any manner affect any provision of law now in force giving a remedy to those having claims of the character mentioned in this Act, but the provisions of this Act shall be considered as cumulative of all other remedies.
APPROVED June 28, 1919.
RECEIVING, TRANSPORTATION AND DELIVERY OF GRAIN BY RAILROAD
CORPORATIONS. § 1. Duty of corporation-without dis § 2. Repeals section 2, Act of 1871.
crimination. Evidence short-
(HOUSE BILL No. 517. APPROVED JUNE 30, 1919.) An Act entitled, “An Act regulating the receiving, transportation and
delivery of grain by railroad corporations, and defining the duties of such corporations with respect thereto”.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every railroad corporation, chartered by or organized under the laws of this State or doing business within the limits of the same, when desired by any person wishing to ship any grain over its road, shall receive and transport such grain in bulk, within a reasonable time, and permit the loading of the same either upon its track, at its depot, or in any warehouse adjoining its track or side track, without distinction, discrimination or favor between one shipper and another, and without distinction or discriminaton as to the manner in which such grain is offered to it for transportation, or as to the person, warehouse or place to whom or to which it may be consigned.
EVIDENCE-SHORTAGE. If any such corporation shall, upon the receipt by it of any grain for transportation, neglect or refuse to weigh the same the sworn statement of the shipper, or his agent having personal knowledge of the amount of grain so shipped, shall be taken as prima facie evidence of the amount so shipped ; and in case of the neglect or refusal of any such corporation, upon the delivery by it of any grain,
to weigh the same, the sworn statement of the person to whom the same was delivered, or his agent having personal knowledge of the weight thereof, shall be taken as prima facie evidence of the amount delivered, provided, in case of suit such affidavit or a copy thereof shall be filed in court upon the bringing of such suit. The defendant shall have the right to cross-examine such affiant orally if it elects to produce said affiant at the trial, or by deposition if such affiant be beyond the jurisdiction of the court.
§ 2. Section 2 of an Act regulating the receiving, transportation and delivery of grain by railroad corporations and defining the duties of such corporations with respect thereto, approved April 25, 1871, in force July 1, 1871, is hereby repealed.
APPROVED June 30, 1919.
REGULATIONS. 1. Amends section 39, Act of 1913.
No discrimination in rate
or charge-transportation in exchange for newspaper advertising
transportation to certain persons-agreements prior to Act of
An Act to amend section 39 of an Act entitled, “An Act to provide for
the regulation of public utilities," approved June 30, 1913, in force January 1, 1914, as amended.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 39 of an Act entitled, "An Act to provide for the regluation of public utilities," approved June 30, 1913, in force January 1, 1914, as amended, is amended to read as follows:
$ 39. No public utility, or any officer or agent thereof, or any person acting for or employed by it, shall directly or indirectly, by any device or means whatsoever, suffer or permit any corporation or person to obtain any service, commodity, or product at less than the rate or other charge then established and in force as shown by the schedules filed and in effect at the time. No person or corporation shall, directly or indirectly, by any device or means, whatsoever, whether with or without the consent or connivance of a public utility or any of its officers, or employees, seek to obtain or obtain any service, commodity, or product at less than the rate or other charge then established and in force therefor: Provided, however, that nothing in this Act contained shall be construed to prevent any railroad or transportation company from selling or granting transportation or transportation privileges to · the owner or owners of any newspaper or magazine of general circulation in payment of or in exchange for advertising space in such newspaper or magazine, at the full value thereof: Provided, further, that nothing in this Act contained shall be construed to prevent the issuance of free or reduced transportation by any street railroad corporation to mail carriers, policemen and members of fire departments: And, provided, further, that if prior to June 30, 1913, any real estate or other tangible property
shall have been sold or transferred to any public utility or public service corporation, or, if before that date, any obligation of any public utility or public service corporation created in consideration of the transfer to it of any real estate or other tangible property, shall have been released or cancelled, upon consideration in whole or in part of an agreement by such public utility or public service corporation expressed in writing to render any service, or furnish any commodity or product in the future to the party or parties making such conveyance or transfer or owning such obligation, nothing in this Act contained shall be construed to in any wise affect such agreement or to prevent the performance or enforcement thereof according to its terms, or to authorize the commission to interfere with such performance or enforcement.
APPROVED June 24, 1919.
ASSESSMENT OF PROPERTY-STATE TAX COMMISSION. $ 1. Defines term "local assessment § 17. Same authorities to furnish officers".
blanks, etc.—compensation. 2. Duties of Tax Commission,
Commission to act as equalizing
authority. 8 3. Power of Tax Commission.
§ 19. Classes of property to be conCertified copies of records in
sidered separately. courts.
§ 20. Equalizing personal property. $ 5. Oaths.
$ 21. Equalizing lands. $ 6. Service of subpoenas.
$ 22. Results combined in one table. 7. Fees and mileage.
$ 23. Commission may estimate values. $ 8. Refusal to comply with subpoena.
$24. Assessments certified to county 9. Publication of list - application
clerk. for review.
8 25. Records, etc., pertaining to State § 10. Appeal-procedure.
Board of Equalization trans
ferred to commission. § 11. Appeal not to stay assessmentrefund.
§ 26. Powers and duties transferred
to commission. $ 12. Re-assessments.
$ 27. Reports, etc., filed with commis$ 13. Subject to rules of original as
§ 28. Assessment of local officer not $ 14. Manner of procedure.
to be reviewed, etc. $ 15. Local assessment officer,
§ 29. Repeal. $ 16. Taxes to be levied under re-as
(SENATE BILL No. 368. APPROVED JUNE 19, 1919.)
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly:
GENERAL POWERS AND DUTIES OF THE Tax COMMISSION.
The term “local assessment officers," as used in this Act, shall mean and include township assessors, boards of assessors, the county treasurer and boards of review.