commissioner and the owner, agent or occupant of the land cannot agree, as regards the propriety of the commissioner controlling such tract, or of the boundaries of the same, then the commissioner shall proceed to stake out or mark such boundaries as he deems proper, and file a copy of his decision with the town clerk, or, in counties not under township organization with the county clerk. The owner, agent or occupant of the land may, if he feels aggrieved, appeal from such decision of the [*187] commissioner, without bonds, within twenty days, to the commissioners of highways of the town, or to the county commissioners, as the case may be, who shall proceed to view the same, and to hear the reasons for and against the decision of the commissioner; and a majority of such board of appeal shall decide as to the propriety of taking possession of the tract alleged to be infected, and if they decide to take such possession, what shall constitute the boundaries of the same, and shall direct said commissioners to exterminate said thistles (which are hereby declared a public nuisance), without unnecessarily depriving the owner of the land of any legitimate use and enjoyment of the same. And the owner or occupant of said land shall pay all cost and expense of labor for said extermination, which shall not exceed the sum of one hundred dollars for each infected tract in one year, without the consent of the supervisor o said town or county commissioners, as the case may be, and that the sum so expended shall be a lien upon said tract so infected, and if the owner or occupant shall not pay the same to said commissioner on or before the first Monday of September of the year the work was performed by the commissioner on said tract, the commissioner shall report the same to the board of town auditors, in towns under township organization, or county commissioners, as the case may be, and certify to the same, and that said board of town auditors or county commissioners shall certify to the county clerk the amount so due on each tract, and it shall be the duty of the county clerk to cause the amount so returned to be levied on the lands as certified by said board of auditors or commissioners, as the case may be, and that said amount so certified shall be collected in the same manner that taxes of the county are levied and collected, and the same, when collected, to be paid over to the supervisor of the town or towns under township organizations, and to the county commissioner as the case may be, who shall pay the same out on the order of the commissioner to the parties entitled to the same, for the labor employed in destroying the thistles on each tract for which the money was collected. [As amended by act approved June 27, 1885. In force July 1, 1885. L. 1885, p.. See Criminal Code, ch 38, § 40.

4. Further treatment. § 4. The commissioner shall apply the best known means, and use the utmost diligence, in eradicating the thistles; but he shall not have power to expend in work and materials more than $100 on any one infected tract, without the advice and consent, in writing, of the supervisor of the town, or of the county commissioners, as the case may be.

5. Prosecutions. 5. It shall be the duty of the commissioner to prosecute or complain to the proper authorities of any person or corporation who may violate any law now existing, or which may hereafter be passed, on the subject of Canada thistles. [See Criminal Code, ch. 38,

40, 41.

6. Report of commissioner. § 6. The commissioner shall, annually, before the first day of November, make a written report to the supervisor of the town, or to the county commissioners, as the case may be - which report shall be filed with the town clerk, or, in counties not under township organization, with the county clerk. The report made to the supervisor shall be publicly read at the annual town meeting. Said report shall state

First Whether there are or not any Canada thistles growing in the town or precinct

Second If any are growing, where and how many, and when and how introduced.

Third A detailed statement of his treatment of each infected tract, with cost and result.

Fourth-He shall report such other matters as may be required of him by the board of town auditors, or by the county commissioners

Fifth He shall state his views on their further treatment, and make such suggestions and recommendations as he may deem proper and useful

And he shall also forward a copy of said report to the secretary of the State board of agriculture, who shall collate and report the same to the governor by the first day of December of each year.

7. Accounts audited. § 7. The board of town auditors, and the county commissioners in counties not under township organization, shali audit the accounts of the commissioner, both for his services and for the money expended or labor employed by him; and they shall provide for their payment as they now do for other town or county expenses.

8. Appropriations control by county board. § 8. The boards of supervisors and county commissioners may make appropriations from the county treasury to aid in destroying the Canada thistle in any one or more towns or precincts of the county; and in case they deem it expedient, they may assume control over any one tract or of all the Canada thistles in the county, and make such provision as they may deem necessary, and impose penalties, not exceeding $100 for each offense, for a violation of any provisions, by-laws or regu lations made by them on this subject, to be sued for by the commissioner, in the name and for the use of the proper county, before any justice of the peace having jurisdiction. Whenever the board of supervisors or county commissioners shall decide to assume control, and so long as they exercise it, their jurisdiction shall be superior to that of the commissioner.

8. Duty of county board — appointment of commissioner- penalty. § 2. And it is hereby made the duty of county boards in counties under township organization, where town auditors have failed or refused to appoint a commissioner of Canada thistles upon the petition of twenty-five land owners, of said town or adjoining town or towns, stating the failure of said board of auditors to appoint a commissioner for said town, and of the necessity for the same; to appoint a commissioner for said town (who shall be a resident of said town), who shall hold his office for the same length of time, as if appointed by the board of auditors, and shall receive the same compensation, and said compensation shall be audited and allowed, and paid by the township for which he was appointed, the same as if he had been appointed by the board of auditors of said town; and his duties shall be the same, and the board of town auditors or county board may appoint so many assistant commissioners as they may deem necessary to thoroughly porform the duties in any town, which assistants shall receive the same compensation for like services. as the commissioner, and whose duties shall be the same, and the commissioner of Canada thistles or assistants refusing or neglecting to perform their respective duties shall be fined in a sum not less than ten dollars nor more than one hundred dollars for each offense, such fine to be sued for in any court of competent jurisdiction in the name of the town on complaint of any land owner of the town; said fine when collected to be paid to the supervisor or county commissioner and become a part of the town or precinct fund. [Added by act approved June 27, 1885. In force July 1, 1885 L. 1885, p.

9. Emergency. 9. Whereas, Canada thistles are now growing in various parts of the State, requiring attention before the first day of July; therefore this act shall take effect and be in force from and after its passage.

CANAL, AND IMPROVEMENT OF ILLINOIS AND LITTLE WABASH RIVERS.

[Approved March 27, 1874.

AN ACT to revise the law in relation to the Illinois and Michigan canal, and for the improvement of the Illinois and Little Wabash rivers. In force July 1, 1874. See Const. 1870, p. 33.] 1. Appointment of commissioners. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the canal commissioners shall continue to consist of three discreet and skillful persons, and shall be appointed by the governor, by and with the consent of the senate, at a meeting of the general assembly in 1875, and every two years thereafter, and shall hold their offices for two years, and until their successors are appointed and qualified.

2. Seal-authentication of acts. 2. They may adopt an official seal, and may authenticate all their official acts with the same and the signature of such member or officer of the board as it by resolution may direct.

3. Commissioners State officers - not sued. § 3. For all legal purposes the said commissioners shall be deemed officers of the State, and all deeds, contracts, writings and acts may be made and suits prosecuted by them, in the name of The Canal Commissioners," but they shall not be considered as a distinct corporation, or be liable to be sued.

4. Oath-bond. § 4. Before entering upon the duties of his office, each commissioner shall take and subscribe the following oath :

I do solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of canal commissioner according to the best of my ability.

He shall also give bonds, payable to the people of the State of Illinois, in the sum of $25,000, with at least two sufficient sureties, to be approved by the governor, conditioned for the faithful discharge of his office, and for a faithful accounting for all moneys intrusted to him as such commissioner, whenever and as often as he shall be lawfully required, and that he will give additional bonds with sufficient sureties when legally required. Such oath and bond shall be filed in the office of the secretary of State.

Whenever the governor shall deem the bond of any canal commissioner insufficient, he may require additional bonds with [*189] security, in any penalty not exceeding that hereinbefore specified; Provided, that the bond of the commissioner acting as treasurer shall be in the sum of not less than $50,000.

5. Compensation. § 5. Each of said commissioners shall receive $5 per day for each day he is employed in the duties of his office. 6. President, secretary, treasurer-meetings. § 6. They shall, annually, elect one of their number president, and one secretary, and one treasurer. They shall hold quarterly meetings, and called meetings may be held at the request of any member of the board; any two members shall constitute a quorum to do business.

7. Duties of secretary. $ 7. The secretary shall keep the records of the commissioners, and perform such other duties as they shall require of him, and copies of all papers, documents and records legally in his keeping, certified by him under the official seal, shall be received in evidence in the same manner and with like effect as the originals.

8. Powers of commissioners. § 8. Said commissioners shall have general control and management of the Illinois and Michigan canal, including its feeders, basins and appurtenances, and the property thereto belonging, and all locks and dams and other improvements of the navigation of the Illinois and Little Wabash rivers, and shall have authorityFirst-To appoint a general superintendent, collector of tolls, and such other officers and agents as may be necessary for the management of the said canal, locks, dams and other improvements, and prescribe their compensation, powers and duties, and remove them at pleasure, and may employ all such agents and servants as may be necessary in the performance of the duties of their office.

Second-To prescribe reasonable rules and regulations in respect to all matters connected with the navigation and use of the said canal, locks and dams, and transportation on or through the same; and whoever shall willfully or negligently refuse or neglect to comply with such rules may be fined in any sum not exceeding $50 for each offense, to be recovered in the name of the people of the State of Illinois before any justice of the peace of the county, and paid over to said commissioners, and said commissioners may prohibit all persons who willfully refuse or neglect to comply with such rules from using said canal, locks and dams. Printed

copies of such rules, and of this article, shall be posted for public inspection in the offices of the collectors of tolls. The power granted in this article shall apply as well to that part of the south branch of the Chicago river within 1,000 feet of the lock at Bridgeport, and to the canal basin at and near the termination of the canal on the Illinois river, and to that part of the Illinois and Little Wabash rivers above and below the several locks and dams within 1,000 feet thereof, and to all feeders, basins and laterals, as to the canal, locks and dams.

Third-To establish and collect reasonable rates of toll for the passage and use of the said canal and the said locks; Provided, that the use of the said canal and locks shall be free for the transportation of any property of the United States, or persons in their service passing through the same.

Fourth-To sell and dispose of any machinery, fixtures, stone, debris, material or personal property unnecessary for the proper management, construction, repair or use of said canal, locks, dam or other

improvements.

Fifth-To lease from time to time any of the canal lands or lots owned by the State; Provided, no lease shall be for a period exceeding ten years.

Sixth-To lease from time to time, to the highest bidder therefor, any water-power and lands or lots connected therewith. Before any such lease shall be made, at least thirty days' public notice of the intended letting shall be given by publication in some newspaper published in the neighborhood, and such other notice as the commissioners shall deem best. The commissioners shall have power to require that bids be accompanied by security, and may reject all bids not satisfactory to them, and re-advertise until they shall receive satisfactory bids. No lease shall be for a period exceeding ten years, but the commissioners may provide for the extension of any lease from time to time, not exceeding ten years at

any one time, at a rent to be fixed by an appraisal to be made [*190] by three disinterested appraisers to be appointed by the governor, and such appraisal shall be subject to the approval of the commissioners. All leases of water-power and extensions thereof shall be subject to the right of the commissioners to resume, without compensation to the lessee, the use of any such water-power, for the purposes of the canal, and also to wholly abandon or destroy the work by the construction of which the water privilege shall have been created, whenever, in the opinion of the legislature, such work shall cease to be advantageous to the State.

Seventh-To lease from time to time, to the highest and best bidder (after publishing notice in some newspaper published in the county where the ice privilege to be leased may be) in sections not exceeding one thousand feet, lineal measure, upon such terms as not to interfere with the proper use and management of the canal, the right to take and harvest ice therefrom, or from any of its feeders, basins and appurtenances, and to prohibit all persons from taking and harvesting ice therefrom without such lease; Provided, no such lease shall be for a longer time than five years.

Chicago v. Wright, 69 Ill. 318.