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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 Ill. 33; Hayes v. O. 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, 15 III. 320: 54 Ill. 373: St. Louis, etc., R. R. Co. v. Mitchell, 47 Ill. 165; I. & W. R. R. Co. v. Van Horn, 18 H. 257: The Ottawa, etc., v. Graham, 35 l. 346 ; R. I. & A. R. R. Co, v. Lynch, 23 Ill. 645 McAuley v. C. C. & 1. C. Ry. Co., 83 Ill. 348; R. R. I. & 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 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 Ill. 2c8; St. Louis & Southeastern Ry. Co. v. Teters, 68 Ill. 144; Jones v. Chicago & Iowa R. R. Co., 68 Ill. 380; Stone v. Fairbury, P. & N. W. R. 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 Yll. 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. 510; 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, 68 111, 296; Stevenson v. Loehr, 57 lll. 511.

11. Cross petition. § II. 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; 11. & 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. 1. 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.

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

1867. L. 1867, p. 101.

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 all 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.

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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 devising 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

shall be his duty to file an information in behalf of the county in the circuit court of said county, setting forth a description of the estate, the name of the person last lawfully seized, the names of the terre tenants, and persons claiming such estate, if known, and the facts and circumstances in consequence of which such estate is claimed to have escheated, and alleging that by reason thereof said county has a right by law to such estate. Whereupon such court shall issue a scire facias against such persons, bodies politic or corporate, as shall be alleged in [* 480] such information, to hold, possess or claim such estate, requiring them to appear and show cause why such estate should not be vested in the county, at the next term of said court; which scire facias shall be served at least ten days before the return day thereof; and the court shall, moreover, make an order setting forth briefly the contents of such information, and requiring all persons interested in the estate to appear and show cause, if any they have, at the next term of the said court, why the same should not be vested in the county; which order shall be published for six weeks successively in some newspaper printed and published in said county, if any be there published; and if no newspaper be printed in said county, then and in that case said notice shall be published in some newspaper in the adjoining county thereto, the last insertion to be at least two weeks before the commencement of the term at which the parties are required to appear. [R. S. 1845, p. 225, § 2.

4. Defense. § 4. All persons, bodies politic and corporate, named in such information as terre tenants or claimants of the estate, may appear and plead to such proceedings, and may traverse or deny the facts stated in the information, the title of the estate [county] to the lands and tenements therein mentioned, at any time on or before third day of the return term of such scire facias, and any other person claiming an interest in such estate may appear and be made a defendant and plead as aforesaid, by motion for that purpose in open court, within the time allowed for pleading as aforesaid; and if no person shall appear and plead, or appearing, shall refuse to plead within the time, then judgment shall be rendered that the county be seized of the lands and tenements in such information claimed; but if any person shall appear and deny the title set up by the county, or traverse any material facts in the information, an issue or issues shall be made up and tried as other issues of facts, and a survey may be ordered and entered as in other actions where the title or boundary of lands is drawn in question; and if, after the issues are tried, it shall appear from facts found or admitted that the county has good title to the lands and tenements in the information mentioned, or any part thereof, judgment shall be rendered that the county be seized thereof, and recover costs of suit against the defendant. [R. S. 1845, p. 225, 3.

5. Judgment execution — record. 5. When any judg ment shall be rendered that the county be seized of any land, tenements or hereditaments, such judgment shall contain a certain description of such estate, and shall be effectual for vesting the title in said county; and a writ shall be issued directed to the sheriff of said county, commanding him to seize and take the lands, tenements and hereditaments so vested in the county into his hands; and upon the return of such

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