court shall at once issue the summons and give the notices accordingly.

4. Service-notice. $4. Service of such summons and publication of such notice shall be made as in cases in chancery.

[C. & A. R. R. Co. v. Smith, 78 Ill. 96.

5. Hearing. § 5. Causes may be heard by such judges in vacation as well as in term time, but no cause shall be heard earlier than ten days after service upon defendant or upon due publication against nonresidents.

Several tracts. Any number of separate parcels of property, situate in the same county, may be included in one petition, and the compensation for each shall be assessed separately, by the same or different juries, as the court or judge may direct.

Amendments. Amendments to the petition, or to any paper or record in the cause, may be permitted whenever necessary to a fair trial and final determination of the questions involved.

New parties- practice. Should it become necessary at any stage of the proceedings to bring a new party before the court or judge, the court or judge shall have the power to make such rule or order in relation thereto as may be deemed reasonable and proper; and shall also have power to make all necessary rules and orders for notice to parties of the pendency of the proceeding, and to issue all process necessary to the execution of orders and judgments as may be entered. P. P. & J. R. R. Co. v. Black, 58 Ill. 33.

6. Jury in vacation. § 6. In cases fixed for hearing of petition in vacation, it shall be the duty of the clerk of the court in whose office the petition is filed, at the time of issuing summons or making publication, to write the names of each of sixty-four disinterested freeholders of the county, on sixty-four slips of paper, and, in presence of two disinterested freeholders, cause to be selected from said sixty-four names twelve of said persons to serve as jurors-such selection to be made by lot and without choice or discrimination; and the said clerk shall thereupon issue venire, directed to the sheriff of his county, commanding him to summon the twelve persons so selected as jurors to appear at the court house in said county, at the time to be named in the venire.

7. Impaneling jury. § 7. The petitioner, and every party interested in the ascertaining of compensation, shall have the same right of challenge of jurors as in other civil cases in the circuit courts. If the panel be not full by reason of non-attendance, or be exhausted by challenges, the judge hearing such petition shall designate by name the necessary number of persons, of proper qualification, and the clerk or justice shall issue another venire, returnable instanter, and until the jury be full.

[Haslam v. G. & S. W. R. R. Co., 64 Ill. 353.

8. Oath of jury. 8. When the jury shall have been so selected, the court shall cause the following oath to be administered to said jury: You and each of you do solemnly swear that you will well and truly ascertain and report just compensation to the owner (and each owner) of the property which it is sought to take or damage in this case, and to each person therein interested, accord

ing to the facts in the case, as the same may be made to appear by the evidence, and that you will truly report such compensation so ascertained: so help you God.

9. View of premises — verdict. 9. Said jury shall, at the request of either party, go upon the land sought to be taken or damaged, in person, and examine the same, and after hearing the proof offered make their report in writing, and the same shall be subject to amendment by the jury, under the direction of the court or the judge, as the case may be, so as to clearly set forth and show the compensation ascertained to each person thereto entitled, and the said verdict shall thereupon be recorded: Provided, that no benefits or advantages which may [*477] accrue to lands or property affected shall be set off against or deducted from such compensation, in any case.

[G. & S. W. R. R. Co. v. Haslam, 73 Ill. 494; P. P. & J. R. R. Co. v. Black, 58 II. 33: Hayes v. 0. O. & F. R. V. R. R. Co., 54 Ill. 373 ; P. P. & J. R. R. Co. v. Laurie, 63 Ill. 264; R. R. I. & St. L. R. R. Co. v. McKinley, 64 Ill. 340; P. A. & D. R. R. Co. v. Sawyer, 71 Ill. 361; Mex v. L. B. & M. R. W. Co., 67 Ill. 319; St. L. V. & T. H. R. R. Co. v. Capps, 72 Ill. 188; L. B. & M. R. R. Co. v. Winslow, 66 Ill. 221; P. & R. I. Ry. Co. v. Bryant, 57 Ill. 473; County of Sangamon v. Brown, 13 Ill. 211; President, etc., of Mt. Sterling v. Givens, 17 Ill. 255; Curry v. Mt. Sterling, Ill. 165; I. & W. R. R.

15 Ill. 320: 54 11. 373: St. Louis, etc., R. R. Co. v. Mitchell, 346; R. I. & A. R. R.

Co. v. Van Horn, 18 Ill. 257: The Ottawa, etc., v Graham, 35

Co, v. Lynch, 23 Ill. 645; McAuley v. C. C. & I. C. Ry. Co., 83 III. 348; R. R. 1. & St. L. R. R. Co. v. Coppinger, 66 Ill. 510; St. L. V. & T. H. R. R. Co. v. Brown, 58 Ill. 61; Cook v. South Park Com., 61 Ill. 115; Cooper v. Randall, 59 Ill. 317; State v. Evans, 2 Scam. 210; Alton, etc., R. R. Co. v. Carpenter, 14 Ill. 192; Keithsburg & Eastern R R. Co v. Henry, 79 Ill. 290; Glennon v. C. M. & St. P. Ry. Co., 79 Ill. 501; Carpenter v. Jennings, 77 Ill. 250; Stetson v. Chicago & Evanston R. R. Co., 75 I. 74; Emerson v. W. U. R. R. Co., 75 Ill. 176; Todd v. Kankakee & Ill. River R. R. Co., 78 Ill. 530; Chicago & Pacific R. R. Co. v. Francis, 70 Ill. 238; Page v. C. M. & St. P. Ry. Co., 70 III. 324 ; C. & A. R. R. Co. v. Springfield & N. W Ry. Co., 67 Ill. 142; Eberhart v. C. M. & St. P. Ry. Co., 70 Ill. 347; Galena & Southern Wisconsin R. R. Co. v. Birkbeck, 70 III. 2c8; St. Louis & Southeastern Ry. Co. v. Teters, 68 Ill. 144; Jones v. Chicago & Iowa R. R. Co., 68 III. 380; Stone v. Fairbury, P. & N. W. K. R. Co., 68 Ill. 394.

10. Judgment payment. 10. The judge or court shall, upon such report, proceed to adjudge and make such order as to right and justice shall pertain, ordering that petitioner enter upon such property and the use of the same, upon payment of full compensation, as ascertained as aforesaid; and such order, with evidence of such payment, shall constitute complete justification of the taking of such property.

[St. Louis & Southeastern Ry. Co. v. Teters, 68 Ill. 144; Springfield and Ill. S. E. Ry. Co. v. Turner, 68 Ill. 187; P. & R. I. R. R. Co. v. Rice, 75 Ill. 329: G. & C R. R. Co. v. Pound, 22 Ill. 401; St. L., etc., R. R. Co. v. Mitchell, 47 Ill. 165; C. & M. R. R. Co. v. Bull, 32 Ill. 218; Shute v. C. & M. R. R. Co., 26 III. 437; City of Chicago v. Barbian, 80 Ill. 482; R. R. I. & St. L. R. R. Co. v. Coppinger, 66 Ill. SIO; Bloomington v. Miller, 84 Ill. 621; C. B. & Q. Ry. Co. v. Chamberlain, 84 fil

334: R. 1. & A. R. R. Co. v. Lynch, 23 Ill. 645; Rich v. City of Chicago, 59 Ill. 286; Cook v. South Park Comrs., 61 Ill. 115; I. & St. L. R. R. Co. v. McClintock, 68 11. 296: Stevenson v. Loehr, 57 Ill. 511.

11. Cross petition. 11. Any person not made a party may become such by filing his cross petition, setting forth that he is the owner or has an interest in property, and which will be taken or damaged by the proposed work; and the rights of such last-named petitioner shall thereupon be fully considered and determined.

[Stetson v. Chicago & Evanston Ry. Co., 75 Ill. 74; Galena & S. W. R. R. Co. v. Birkbeck, 70 Ill. 208.

12. Appeal. 12. In all cases, in either the circuit or county court, or before a circuit or county judge, an appeal shall lie to the supreme

court.

[Hyde Park v. Dunham, 85 Ill. 569; County of Sangamon v. Brown, 13 Ill. 210; Dunlap v. President, etc., of Mt. Sterling, 14 Ill. 251.

13. Bond-use of premises. 13. In cases in which compensation shall be ascertained as aforesaid, if the party in whose favor the same is ascertained shall appeal such proceeding, the petitioner shall, notwithstanding, have the right to enter upon the use of the property upon entering into bond, with sufficient surety, payable to the party interested in such compensation, conditioned for the payment of such compensation as may be finally adjudged in the case, and in case of appeal by petitioner, petitioner shall enter into like bond with approved surety. Said bonds shall be approved by the judge before whom such proceeding shall be had, and executed and filed within such time as shall be fixed by said judge.

[Mitchell v. Illinois & St. L. R. R. & Coal Co., 68 Ill. 286; People v. McRoberts, 62 Ill. 38; III. & Wis. R. R. Co. v. Van Horn, 18 Ill 257; T. & P. R. R. Co. v. Unsicker, 22 Ill, 221; St. L. J. & C. R. R. Co. v. Mitchell, 47 Ill. 166; Wilson v. Rockford, R. I. & St. L. R. R. Co. 59 Ill. 273.

14. Payment to county treasurer, etc. 14. Payment of compensation adjudged may, in all cases, be made to the county treasurer, who shall, on demand, pay the same to the party thereto entitled, taking receipt therefor, or payment may be made to the party entitled, his, her or their conservator or guardian.

15. Judgment entered. § 15. The court or judge shall cause the verdict of the jury and the judgment of the court to be entered upon the records of said court.

16. Repeal. § 16. All laws and parts of laws in conflict with the provisions of this act are hereby repealed; Provided, that this act shall not be construed to repeal any law or part of law upon the same subject passed by this general assembly; but in all such cases this act shall be construed as providing a cumulative remedy.

AN ACT for the further protection of the State institutions. [Approved and in force March 9, 1867. L. 1867, p. 165.]

17. Lands of State institutions not taken. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no part of any land heretofore or hereafter conveyed to the State of Illinois, for the use of any benevolent institutions of the State (or to any such institutions), shall be entered upon, appropriated or used by any railroad or other company for railroad or other purposes, without the previous consent of the general assembly; and no court or other tribunal shall have or entertain jurisdiction of any proceeding instituted or to be instituted for the purpose of appropriating any such land for any of the purposes aforesaid, without such previous consent.

AN ACT making eight hours a legal day's work. [Approved and in force March 5,

L. 1867, p.

1. Eight hours a legal day's work, except, etc. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, On and after the first day of May, 1867, eight hours of labor between the rising and the setting of the sun, in all mechanical trades, arts and employments, and other cases of labor and service by the day, except in farm employments, shall constitute and be a legal day's work, where there is no special contract or agreement to the contrary.

2. When act does not apply. §2. This act shall not apply to or in any way affect labor or service by the year, month or week; nor shall any person be prevented by any thing herein contained from working as many hours over time or extra hours as he or she may agree, and shall not. in any sense. be held to apply to farm labor.

WOMAN.

AN ACT to secure to ali persons freedom in the selection of an occupation, profession or employment. [Approved March 22, 1872. In force July 1, 1872. L. 1871-2, p. 578.]

3. Sex no bar to any occupation, profession, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person shall be precluded or debarred from any occupation, profession or employment (except military) on account of sex Provided, that this act shall not be construed to affect the eligibility of any person to an elective office.

4. Females not to work on streets, etc. § 2. Nothing in this act shall be construed as requiring any female to work on streets or roads, or serve on juries.

5. Repeal. § 3. All laws inconsistent with this act are hereby re pealed.

AN ACT to revise the law in relation to escheats. [Approved March 24, 1874. In force July 1, 1874.]

1. To county. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if any person shall die seized of any real or personal estate without any devise, and leaving no heirs or representatives capable of inheriting the same, or the devisees thereof be incapable of holding the same, and in all cases when there is no owner of real estate capable of holding the same, such estate, both real and personal, shall escheat to and vest in the county in which said real or personal estate, or greater portion thereof, is situated. [R. S. 1845, p. 225, § I.

2. Personal property-administration, etc. § 2. In case said estate shall consist of personal property, letters of administration shall be granted thereon, as in other cases, and the same shall be administered in conformity with the probate laws of this State. Should there be any balance left in the hands of said administrator after the payment of debts and costs of administration, said administrator shall report the same to the probate court, with a statement of all the facts within his knowledge as to the heirship of said decedent, which facts shall constitute a part of his report, and be spread upon the records of said court; and it shall be the duty of said court to enter an order directing said administrator to pay over the balance found in his hands to the county treasurer of said county, taking his receipt therefor, which receipt shall be filed with the county clerk and entered of record; and shall be a good and sufficient voucher to said administrator. The said county clerk shall also charge said amount to the county treasurer as an escheat fund, specially designating from whose estate the same was derived.

3. Proceedings by county for escheated property. § 3. When the State's attorney of said county shall be informed or have reason to believe that any real estate within his county has escheated to said county by reason that any person has died seized thereof without devis ing the same, and leaving no heir capable of inheriting the same, or by reason of the incapacity of the devisee to hold the same, and such estate shall not have been sold according to law within five years after the death of the person last seized, for the payments of the debts of the deceased, or when he shall be informed, or has cause to believe that any such estate within his county has otherwise escheated to his county, it