the property, real, personal and mixed, of said railroad corporation: Provided, Such sub-contractor, material man or laborer shall have complied with the provisions of this act; but the aggregate of all liens hereby authorized shall not, in any case, exceed the price agreed upon in the original contract to be paid by such corporation to the original contractor: And, provided, further, That no such lien shall take priority over any existing lien.

*672) 9. Notice of claim of lien.) § 3. The person performing such labor, or furnishing such material, shall cause a notice, in writing, to be served on the president or secretary of such railroad corporation, substantially as follows, viz.:

.......

To... president (or secretary, as the case may be) of the .... You are hereby notified that I am (or have been) employed by ...... as a laborer (or have furnished supplies, as the case may be) on or for the and that I shall hold the property of said railroad (or railway, as the case may be) company to secure my pay.

.......

If there shall be a contract in writing between the original contractor and sub-contractor, material man or laborer, a copy of such contract, if the same can be obtained, shall be served with such notice and attached thereto, which notice shall be served at any time within twenty days after the completion of such sub-contract, or such labor: Provided, That no lien shall attach in favor of any person performing such labor or furnishing material until such notice shall have been served as above, or filed for record as hereinafter provided.

10. When notice filed with Circuit Clerk-Copy to be mailed, etc.) § 4. If neither the president nor the secretary of such railroad corporation shall reside or can be found in the county in which the sub-contract was made, or labor performed, the laborer, or person furnishing labor or material, shall file said notice in the office of the clerk of the Circuit Court; and the clerk of the Circuit Court shall file and keep a record of said company, for which he shall receive the sum of twenty-five cents, and said clerk shall keep a list of the names of the persons so claiming lien, and the name of the corporation against which such liens are claimed.

11. Suit-Transcript from justice.) § 5. If the money due the person having given notice as aforesaid, shall not be paid within ten days after the money shall become due and payable, then such person may commence suit therefor, in any court having jurisdiction of the amount claimed to be due, against the corporation with which the original contract was made;

or he may commence suit, as aforesaid, against such railroad corporation and original contractor jointly, and execution to issue as in other cases. In execution, issued on judgment obtained before a justice of the peace, shall be returned not satisfied, a transcript of such judgment may be taken to the Circuit Court, and spread upon the records thereof, and shall have all the force and effect of judgments obtained in the Circuit Court, and execution issued thereon as in other cases.

12. Costs-Attorney's fees.) § 6. Whenever any suit, so brought, shall be determined in favor of the plaintiff, the court. shall allow, if before a justice, $5, if in a court of record, $20, attorney's fees to be taxed as costs.

13. When original contractor fails to complete contract.) § 7. Should the original contractor in any case fail to complete his contract, any person entitled a lien, as aforesaid, may file his petition in any court of record, in any county through which the road may be constructed, against the railroad corporation and the contractors, setting forth the nature of his claim, and the amount due as near as may be, and the fact that the contractor has failed to complete his contract. The clerk of said court shall thereupon cause a notice to be published for four successive weeks in a newspaper printed in the county, setting forth that said petition has been filed, and the time when the writ was issued on the same shall have been made returnable, and all persons entitled to liens under this act may enter their appearance and interplead in said cause, and have their claims adjudicated; and it shall be the duty of the court, in case the petitioner or claimants, or either of them, establish their claims, to enter a decree against said corporation and original contractor, for the amount to which the persons so establishing their claims are respectively entitled, and such decree shall have the same force and effect as decrees in other cases.

14. Limitation.) § 8. The lien hereby created shall continue for three months from the time of the performance of the sub-contract, or doing of the work or furnishing the material as aforesaid, except when suit shall be commenced by petition as aforesaid, and in such cases all liens shall be barred by the decree entered in such cause.

(Sec. 9, repeal, omitted. See "Statutes," Chap. 131, Sec. 5.)

To authorize manufacturing, etc., companies to hold stock of railroad companies.

AN ACT authorizing mining and manufacturing companies to own and hold shares of the capital stock, and to own and hold securities of railroad companies whose roads shall connect the different plants of such mining or manufacturing companies with each other, or with other railroads or harbors. (Approved June 11, 1897. In force July 1, 1897. L. 1897, p. 285; Legal News Ed., p. 137.

§ 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an act entitled, “An act to authorize mining and manufacturing companies to own and hold shares of the capital stock, and to own and hold securities of railroad companies whose roads shall connect the different plants of such mining or manufacturing companies with each other, or with other railroads or harbors," approved on the 21st day of June, 1893, and in force on the first day of July, 1893, be and the same is hereby amended so as to read as follows:

148. May purchase and own stock of railroad companies— When.) § 1. That any corporation organized or to be organized under and by virtue of any law of this State for mining or manufacturing purposes, be, and the same is hereby authorized to own and hold shares of the capital stock, and to own and hold securities of any railroad company or companies when such railroad or railroads shall connect the different plants of such mining or manufacturing companies with each other, or with other railroads or harbors: Provided, That said mining or manufacturing companies shall not be permitted to hold stock in more than one railroad connecting the same points.

207. Accepting provisions of act-To maintain depot, etc.) § 3. Any corporation accepting the provision of this act and re-locating a portion of its main line under the provisions thereof shall forever maintain its depot and operate its main line as relocated.

208. Power of corporation making change-Condemnation.) § 4. Every such corporation making the change in the line used by it as its main line provided for in Section one of this act is hereby vested with full power and authority to acquire lands necessary for the right of way and depot purposes for the purpose of making such change in its line and for establishing the necessary depots thereon; and if it is

unable to obtain such lands by purchase it may acquire them in the manner and under the conditions provided by the act to provide for the exercise of the right of eminent domain.

Relocation of railroad to run through county seat.

AN ACT to enable any railroad company whose main line runs to any county seat to change and relocate such line so as to run through such county seat. (Approved May 5, 1891. In force July 1, 1891. L. 1891, p. 183; Legal News Ed., p. 125.

205. Relocation of railroad-County seat.) § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That each and every railroad corporation organized in this State, or doing business therein, which has a branch of its railway running through any county seat, and is compelled by law to run all trains passing over the line used by it as its main line upon and over said branch to such county seat, be and it is hereby authorized to relocate and change the line used by it as its main line of railway and bring it into or through such county seat, so that all trains running over said main line shall pass into or through such county seat on said main line and stop thereat to receive and let off passengers and to put on and take off freight.

206. Relocation-Running trains—Main line-Depot.) § 2. Whenever any railroad corporation shall have relocated and changed the line used by it as its main line of railway, as provided in Section 1 of this act, and shall run all trains over said main line when relocated into or through such county seat, it shall not be required notwithstanding the decision of any court of this State hertofore rendered, to run any train or trains passing over the line used by it as its main line upon or over any part of said branch into said county seat: Provided, however, It shall be the duty of any such railroad corporation desiring to avail itself of the provisions of this act to so relocate its main line of railroad as to bring the same as near to the business center of such county seat as such branch of its railroad is now located, and such railroad corporation upon its main line is relocated shall build, erect and maintain a good and sufficient depot as near to the business center of such county seat as the depot which may now be located on such branch of its railway, and at such depot on said relocated main line of railroad all trains shall stop to receive and let off passengers and to put on and take off freight.

Any railroad company accepting the provisions of this act shall abandon its right of way and remove its tracks over that

portion of its main line between the point where said relocated line leaves the main line as now located and the point where said maine line is now located intersects its said branch as now located, and any railroad company accepting the provisions of this act shall file in the office of the Recorder of the county where such change is made, a map showing in detail the portion of the lines and tracks abandoned and of the new line as relocated, and such recorder shall record such map.

Stealing journal bearings, etc.

AN ACT to punish the crime of stealing or malicious removal of journal bearings, fixtures or attachments, from locomotives, tenders, freight or passenger cars. (Approved June 1, 1889. In force July 1, 1889. L. 1889, p. 115; Legal News Ed., p. 140.

204. Removal of journal bearings, etc.-Penalty.) § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any person or persons who shall remove, take, steal, change, add to, take from, or in any manner interfere with any journal bearing or brasses, or any of the parts or attachments of any locomotive, tender or cars or any fixture or attachment belonging to, connected with, or used in operating any locomotive, tender or car owned, leased or used by any railroad or transportation company in this State, shall be subject to punishment by imprisonment in the penitentiary not less than one nor more than five years, in the discretion of the court or jury before whom the cause is tried: Provided, That upon a plea of guilty being entered, the court may fix the penalty prescribed herein: Provided, further, That if the removal of such journal bearings or brasses, fixtures or attachments as aforesaid, shall be the cause of wrecking any train, locomotive or other car in this State, whereby the life or lives of any person or persons shall be lost as a result of the felonious or malicious stealing, interfering with, or removal of the fixtures aforesaid, the person or persons found guilty thereof shall be liable for murder as in other cases. (For punishment for malicious mischief, see Criminal Code, Chap. 38, Sec. 8.

Redemption of drawback checks.

AN ACT to regulate and enforce the redemption of drawback checks issued by railroad corporations. (Approved June