CHICAGO DRAINAGE DISTRICT.

AN ACT to organize the city of Chicago into a drainage district and to define the powers and duties of the corporate authorities thereof. [Approved June 6, 1887. In force July 1, 1887. L. 1887, p. 126.]

*174. Drainage district organized. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the city of Chicago is hereby organized as a drainage district, and the corporate authorities of such city may exercise the powers conferred by an act entitled "An act to vest the corporate authorities of cities and villages with power to construct, maintain and keep in repair drains, ditches, levees, dykes and pumping works for drainage purposes, by special assessment upon the property benefited thereby," approved June twenty-second, eighteen hundred and eightyfive, and are hereby vested with the further powers hereinafter granted.

*175. Power of corporate authorities. § 2. Such corpo

rate authorities may lay out, construct and maintain a cut-off drain or ditch for the diversion of the flood waters of the Desplaines river into Lake Michigan at some point north of the city of Chicago, for the relief and in aid of the drainage system established or to be established within said district, the location and route, dimensions and capacity of such cut-off to be determined by said corporate authorities. If the location of such cut-off shall occupy a portion of the north branch of the Chicago river, said north branch may be widened and deepened as shall be required. Such cut-off or diversion may be so constructed and maintained as to answer the purpose of a drain for the lands through which it shall pass, and such corporate authorities may allow said lands to be drained into the same upon such terms and conditions as they may determine: Provided, such corporate authorities shall not be allowed to interfere with any right of drainage which the owners of land have or would have, if such cut-off had not been made.

*176. Desplaines river-diversion of water. § 3. No more of the water of the Desplaines river shall be diverted by any such cut-off than the excess above the ordinary water mark in said stream. At the point of diversion there shall be constructed and maintained such dams and sluices as shall control and regulate the amount of such diversion at all times. During dry weather no water shall be diverted into Lake Michigan and during floods no more water shall be allowed to pass said point of diversion down the river than three thousaud (3,000) cubic feet per second.

*177. Dam across Mud lake. § 4. Such corporate authorities may construct and maintain, if the same shall be found desirable and expedient, a dam across what is known as the Mud Lake Valley on or near the west line of sections six and seven, township thirty-eight north, range thirteen, east of the third principal meridian, of such dimensions and elevation as may be determined upon.

*178. Powers of corporate authorities. § 5. Such corporate authorities may acquire by purchase, gift, condemnation or otherwise all the real and personal property, rights of way and easements within or without the district necessary for the construction and maintenance of the works hereby authorized, and shall have the same control and jurisdiction of the property without as of that within the district. They shall have the right to construct the cut-off herein authorized, across, under, over, along, or upon any water course, street, highway, public ground, railroad or turnpike which the route of the same may intersect or touch; but shall not interrupt the use thereof longer, nor to a greater extent, than shall be necessary for the purpose. *179. Condemnation of property. § 6. Whenever it shall be necessary to take or damage private property, for any purpose contemplated by this act, whether within or without said drainage district, the compensation therefor may be ascertained and the proceedings for the condemnation thereof may be had in the manner provided in article nine of an act entitled "An act to provide for the incorporation of cities and villages," approved April ten, eighteen hundred and seventy-two, and the cost of constructing and maintaining the improvements herein provided for may be defrayed by special assess ment upon the property benefited thereby within such district only, said assessments to be levied and collected as provided in said article nine.

AN ACT to provide for the licensing of and against the evils arising from the sale of intoxicating liquors. [Approved March 30, 1874. In force July 1, 1874.]

1. Dram shop defined. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a dram shop is a place where spirituous or vinous or malt liquors are retailed by less quantity than one gallon, and intoxicating liquors shall be deemed to include all such liquors within the meaning of this act.

2. Selling liquor without license. § 2. Whoever, not having a license to keep a dram shop, shall, by himself or another, either as principal, clerk or servant, directly or indirectly, sell any intoxicating liquor in any less quantity than one gallon, or in any quantity to be drank upon the premises, or in or upon any adjacent room, building, yard, premises or place of public resort, shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100), or imprisoned in the county jail not less than ten nor more than thirty days, or both in the discretion of the court.

[As amended by act approved May 18, 1877. In force July 1, 1877. L. 1877, p. 99; Stack v. People, 80 Ill. 32; Rickart v. People, 79 Ill. 85; Albrecht v. People, 78 Ill. 510; Higgins v. People, 69 Ill 11; Anderson v People, 63 Ill. 53; McCann v. People, 88 Ill. 104; King v. Jacksonville, 2 Scam, 305; Goddard v. Same, 15 Ill. 588; Kettering v. Same, 50 Ill. 39; Kadghin v. Same, 58 III. 229: Block v. Same, 36 Ill. 301; Byers v. Olney, 16 Ill. 35; Jacksonville v. Holland. 19 Ill. 271; Roberts v. Ogle, 30 Ill. 461: Pekin v. Smelzel, 21 Ill. 465; Neifing v. Pontiac, 56 I. 174: Darst v. People, 51 Ill. 286; East St. Louis v. Wehrung, 50 III. 28; id. 46, 392; Godfriedson v. People, 88 Ill. 284; Feldman v. Morrison, 1 Brad. 460; Spake v. People, 89 III. 617: Prather v. People, 85 Ill. 36; Bandalow v. People, go Ill. 218; Wiedman v. People, 92 Ill. 314; Noecker v. People, 91 Ill. 468; People v. Barnett, 91 Ill. 424; Martel v. City of East St. Louis, 94 Ill. 67; Lovingston v. Board of Trustees, 99 Ill. 565.

3. How license may be granted. 3. The county boards of each county may grant licenses to keep so many dram shops in their county as they may think the public good requires, upon the application by petition of a majority of the legal voters of the town, if the county is under township organization, and if not under township organization, then of a majority of the legal voters of the election precinct or district where the same is proposed to be located, and upon the payment into the county treasury of such sum as the board may require, not less than $50 nor more than $300 for each license, and upon compliance with the

provisions of this act; Provided, such board shall not have power to issue any license to keep any dram shop in any incorporated city, town or village, or within two miles of the same, in which the corporate authorities have authority to license, regulate, restrain or prohibit the sale of liquors, or in any place where the sale of intoxicating liquors is prohibited by law.

[Village of Coulterville v. Gillen, 72 Ill. 599; City of Kinmundy v. Mahan, 72 Ill. 462; Harbaugh v. Monmouth, 74 Ill. 367; Martin v. l'eople, 88 Ill. 390; Prather v. People, 85 III. 36; Baldwin v. Smith, 82 Ill. 163; Prather v.,People, 85 III. 36.

4. Form of license-rights under-may be revoked. 4. The license shall state the time for which it is granted, which shall not exceed one year, the place where the dram shop is to be kept, and shall not be transferable, nor shall the person licensed keep a dram shop at more than one place at the same time, and any license granted may be revoked by the county board whenever they shall be satisfied that the person licensed has violated any of the provisions of this act, or keeps a disorderly or ill-governed house or place of resort for idle or dissolute persons, or allows any illegal gaming in his dram shop, or any house or place adjacent thereto.

[Munsell v. Temple, 3 Gilm. 93; Eddy v. People, 1s Ill. 386; Neville v. School Directors, etc., 36 Ill. 71; Feldman v. Morrison, 1 Brao. 465; Spake v. People, 89 Ill. 617. 5. Bond-how taken-suit on. 5. No person shall be licensed to keep a dram shop, or to sell intoxicating liquors, [*439] by any county board, or the authorities of any city, town or vil. lage, unless he shall first give bond in the penal sum of $3,000, payable to the people of the State of Illinois, with at least two good and sufficient sureties, freeholders of the county in which the license is to be granted, to be approved by the officer who may be authorized to issue the license, conditioned that he will pay to all persons all damages that they may sustain, either in person or property, or means of support, by reason of the person so obtaining a license selling or giving away intoxicating liquors. The officer taking such bond may examine any person offered as security upon any such bond, under oath, and require him to subscribe and swear to his statement in regard to his pecuniary ability to become such security. Any bond taken pursuant to this section may be sued upon for the use of any person, or his legal representatives, who may be injured by reason of the selling or giving away any intoxicating liquor by the person so licensed, or by his agent or servant.

[Munsell v. Temple, 3 Gilm. 93; Cobb v. People, 84 Ill. 511.

6. Selling or giving to minor or drunkard. § 6. Whoever, by himself, or his agent or servant, shall sell or give intoxicating liquor to any minor without the written order of his parent, guardian, or family physician, or to any person intoxicated, or who is in the habit of getting intoxicated, shall, for each offense, be fined not less than twenty dollars ($20), nor more than one hundred dollars ($100), or imprisoned in the county jail not less than ten nor more than thirty days, or both, according to the nature of the offense; Provided, this act shall not affect any prosecution pending at the time this act takes effect, but in every

such prosecution the accused shall, upon conviction be punished in the same manner in all respects, as if this act had not been passed.

[As amended by act approved May 18, 1877. In force July 1, 1877. L. 1877, P. 99; Farmer v. People, 77 Ill. 322; Mullinix v. l'eople, 76 Ill. 211; Mapes v. People, 69 Ill. 523; McCutcheon v. People, 69 Ill. 601; Byars v. City of Mt. Vernon, 77 Ill. 467; Leonard v. The People, 81 ill. 308; Johnson v. People, 83 Ill 431; Feldman v. Morrison, Brad. 464.

7. Nuisances- penalty-bond-evidence. §7. All places where intoxicating liquors are sold in violation of this act, shall be taken, held and be declared to be common nuisances, and all rooms, taverns, eating houses, bazars, restaurants, drug stores, groceries, coffee houses, cellars, or other places of public resort, where intoxicating liquors are sold in violation of this act, shall be deemed public nuisances; and whoever shall keep any such place, by himself, or his agent or servant, shall, for each offense, be fined not less than $50 nor more than $100, and confined in the county jail not less than twenty nor more than fifty days, and it shall be a part of the judgment, upon the conviction of the keeper, that the place so kept shall be shut up and abated until the keeper shall give bond, with sufficient security to be approved by the court, in the penal sum of $1,000, payable to the people of the State of Illinois, conditioned that he will not sell intoxicating liquors contrary to the laws of this State, and will pay all fines, costs and damages assessed against him for any violation thereof; and in case of a forfeiture of such bond, suit may be brought thereon for the use of the county, city, town or village, in case of a fine due to either of them. It shall not be necessary in any prosecutions under this section to state the name of any person to whom liquor is sold.

[Streeter v. People, 69 Ill. 595; Mulford y. Clewell, 21 Ohio St. R. 191; Baldwin v. Smith, 82 II. 162.

8. Liability for support, etc. 8. Every person who shall, by the sale of intoxicating liquors, with or without a license, cause the intoxication of any other person, shall be liable for and compelled to pay a reasonable compensation to any person who may take charge of and provide for such intoxicated person, and $2 per day in addition thereto for every day such intoxicated person shall be kept in consequence of such intoxication, which sums may be recovered in an action of debt before any court having competent jurisdiction.

[Brannan v. Adams, 76 Ill. 331; Confrey v. Stark, 73 Ill. 187.

9. Suit for damages by husband, wife, child, etc.-forfeiture of lease, etc. 9. Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action in his or her own name, severally or jointly, against any person or persons who shall, by selling or giving intoxicating liquors, have caused the intoxication, in whole or in part, of such person or per. sons; and any person owning, renting, leasing or permitting the occupation of any building or premises, and having knowledge that intoxicating liquors are to be sold therein, or who having leased the same for

other purposes, shall knowingly permit therein the sale of any intoxicating liquors that have caused, in whole or in part, the intoxication of any [*440] person, shall be liable, severally or jointly, with the person or persons selling or giving intoxicating liquors aforesaid, for all damages sustained, and for exemplary damages; and a married woman shall have the same right to bring suits and to control the same and the amount recovered, as a feme sole; and all damages recovered by a minor under this act shall be paid either to such minor, or to his or her parent, guardian or next friend, as the court shall direct; and the unlawful sale, or giving away, of intoxicating liquors, shall work a forfeiture of all rights of the lessee or tenant, under any lease or contract of rent upon the premises where such unlawful sale or giving away shall take place; and all suits for damages under this act may be by any appropriate action in any of the courts of this State having competent jurisdiction. [Roth v. Eppy, 80 Ill. 283; Hackett v. Smelsley, 77 Ill. 109; Horn v Smith, 77 IN. 381; McEvoy v. Humphrey, 77 Ill. 388; Reget v. Bell, 77 Ill. 593; Bates v. Davis, 76 Ill. 222; Freese v. Tripp, 70 II. 496: Meidel v. Anthis, 71 Ill. 241; Emory v. Addís, 71 Ill. 273; Kellerman v. Arnold, 71 Ill. 632; Fentz v. Meadows, 72 Ill. 540; Keedy v. Howe, 72 Ill. 133; King v. Haley, 86 Ill. 106; Reed v. Thompson, 88 II 245; McCann v. Roach, 81 Ill. 213; Shugart v. Egan, 83 Ill. 56: Davenport v. Ryan, 81 Ill. 218; Confrey v Stark, 73 Ill. 187 Graham v. Fulford, 73 Ill 597; Albrecht v Walker, 73 Ill. 69; Brantigain v. While, 73 III. 561; Brannon y. Silvernail, 81 Ill 434; Schmidt v. Mitchell, 84 III. 195; Cobb v. People, 84 Ill. 511; Ludwig v. Sager, 84 III. 99.

10. What liable to execution — proceeding to enforce. 10. For the payment of any judgment for damages and costs that may be recovered against any person in consequence of the sale of intoxicating liquors under the preceding section, the real estate and personal property of such person, of every kind, except such as may be exempt from levy and sale upon judgment and execution, shall be liable; and such judgment shall be a lien upon such real estate until paid; and in case any person shall rent or lease to another any building or premises to be used or occupied, in whole or in part, for the sale of intoxicating liquors, or shall knowingly permit the same to be so used or occupied, such building or premises so used or occupied shall be held liable for, and may be sold to pay any such judgment against any person occupying such building or premises. Proceedings may be had to subject the same to the payment of any such judgment recovered, which remain unpaid, or any part thereof, either before or after execution shall issue against the property of the person against whom such judgment shall have been recovered; and when execution shall issue against the property so leased or rented, the officer shall proceed to satisfy said execution out of the building or premises so leased or occupied, as aforesaid: Provided, that if such building or premises belong to a minor or other person under guardianship, the guardian or conservator of such person, and his real and personal property, shall be held liable instead of such ward, and his property shall be subject to all the provisions of this section relating to the collection of said judgment.

11. When suit may be before justice. II. When the damages claimed under either the eighth or ninth section of this act do not exceed the sum of $200, the action therefor may be prosecuted before a justice of the peace of the proper county and the judgment may be