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"§ 20. All roads shall be surveyed, and a plat, with the courses and distances thereof, returned with the report of the viewers to the board of county commissioners, which shall be recorded and filed. The board of county commissioners, on their return of the report and plat, shall determine and establish on record the width of the road, making the main leading roads four rods wide, and no other roads less than fifty feet, except where a less width is prayed for in the petition, in which case the board of county commissioners may fix the width at less than fifty feet but not less than thirty feet." APPROVED March 24, 1874.

§ 1. Manner of laying out-damages. In force July 1, 1874.

AN ACT to amend an act entitled "An act in regard to gate-ways, roads and bridges, in counties not under township organization," approved April 18, 1873. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section twenty-three (23) of said act be amended so as to read a follows, to-wit:

"§ 23. In all cases where a public road or cartway shall have been or may be authorized by law to be laid out or constructed in any county in this state not under township organization, and the same is required to pass over the land belonging to any company, corporation or individual, and the owner or owners are incapable in law of contracting, or do not agree with the commissioner, superintendent or supervisor, authorized to construct the said road, on the amount of damages resulting to said owner or owners by reason of the opening and construction of said road, it shall be lawful for said commissioner, supervisor or superintendent to make application to the nearest justice of the peace in the precinct where said land is situate for a jury to assess such damages. Said justice shall thereupon issue his summons, directed to any constable of said county, commanding him to summon such owner or owners to appear before him at a time and place to be specified in said summons not less than five nor more than fifteen days from the date thereof, for the purpose of having such damages assessed. Said summons shall be under the hand of said justice, and shall be served as now or hereafter may be provided by law for the service of summons in civil actions before justices of the peace. At the same time said justice shall issue a venire to said constable commanding him to summon a jury of six freeholders of said county to appear before him on the day when said summons is returnable, to assess the said damages. On the return day of said summons (unless good cause is shown for a continuance) the said justice shall proceed to impannel a jury, who shall be sworn to faithfully and impartially assess and report the damages which such owner or owners may sustain by reason of the construction of said road. The said jury shall hear any competent evidence in regard to said damages offered by either party, and the impanneling of said jury, and the proceedings before said justice and jury shall be in all respects as in other civil cases before justices of the peace, except that upon demand of either party the said jury shall personally examine the land damaged. The same jury may assess the damages of any and all of the owners of

vs.

The jury shall return to said justice a written verdict specifying the amount of damages to be paid to the owner or owners, and the justice shall enter the same, together with the other proceedings, upon his docket, and shall also enter judgment upon his docket. In case the owner or owners of such lands is a minor, a lunatic or insane person, the summons shall also include the name of the guardian or conservator, if there be one. If the owner is a non-resident of the county, then the said justice, upon the return of said summons "not found," shall continue the said cause for not more than thirty days, and shall post three notices in three of the most public places in said precinct, and one upon the door of the court house of said county, which notice shall give the time and place when the assessment hereinbefore provided shall be made, and shall be posted at least twenty days before the time fixed for said assessment. Said justice shall also forward a copy of said notice by mail to said owner or owners, if his or their residence is known to him. Appeals may be taken to the circuit court from the assessments of juries, and the judgment entered thereon, by either party, in the same manner as appeals are or may be taken from justices of the peace in civil cases. All cases of public roads under the provisions of this act shall be docketed "The county of (the owner of the land.) And whenever the county board shall desire to take an appeal, the chairman or presiding officer of said county board shall execute the bond for and on behalf of the county. In case of cartways or private roads, all cases shall be docketed the petitioner as plaintiff, and the owner of the land as defendant, and the plaintiff shall execute bond on appeal. Upon payment or tender of the amount of damages awarded by the verdict of the jury to the owner or owners of the land damaged, the guardian, if such owner is a minor, the conservator, if such owner is an insane person, or to the county treasurer, if the owner is a non-resident of the county, or incapable in law to receive said money, the said road may be opened by the proper authority, and the title of the land vest in the public for the uses specified in the petition: Provided, in case of an appeal, the opening and construction of the road shall not be delayed thereby, nor shall the title of the land vest in the public, for the uses specified in the petition, until judgment or tender of payment shall be made, as above provided, of the amount of damages which shall be awarded by the final judgment of the court. The costs of all proceedings before the justice shall be borne by the county in case of a public road, and the person petitioning, in case of a private road or cartway. If the owner of land appeal, and the assessment made by the jury be not increased in circuit court, then such owner shall pay all costs of appeal. If the county or petitioner for a cartway appeal from any assessment by a jury before a justice, and the county or such petitioner do not reduce said assessment, the county or such petitioner shall pay all costs on appeal: Provided, that it shall be in the power of the county board or petitioner, in case of a cartway, after final judgment in case of a public road or cartway, to abandon all proceedings in and about the opening of said road or cartway, if they or he deem the damages too great.

APPROVED March 27, 1874.

§ 1. Sections amended. In force July 1, 1874.

AN ACT to amend an act entitled "An act in regard to roads and bridges in counties under township organization."

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section fifty-nine (59) of said act be so amended as to read as follows:

"g 59. If any person shall purposely destroy or injure any sidewalk, public bridge, culvert or causeway, or remove any of the timber or plank thereof, or obstruct the same, he shall forfeit a sum not less than $3 nor more than one $100, and shall be liable for all damages occasioned thereby, and all necessary costs of rebuilding or repairing the same." § 2. That section sixty-two (62) of said act be so amended as to read as follows:

"§ 62. It shall be lawful for the owner or occupants of land bordering upon any public road to build sidewalks not to exceed six feet in width, and plant shade and ornamental trees along and in such road at a distance not exceeding one-tenth of the legal width of the road from its margin, and also to erect and maintain a fence so long as shall be actually necessary for the purpose of raising a hedge on said margin a distance of four feet from and within said marginal lines."

§ 3. That section sixty-five (65) of said act be so amended as to read as follows:

"g 65. All public highways laid out by order of the commissioners of highways or supervisors on appeal shall be not less than fifty feet wide, nor more than sixty feet wide: Provided, the commissioners may lay out roads not less than forty feet wide nor more than sixty feet wide, when so prayed for by the petitioners, if such road does not exceed two miles in length: And, provided, further, that all public roads shall be opened within five years from the date of the filing of the order laying out the same, or be deemed vacated."

APPROVED March 26, 1874.

§ 1. Crossings under highway. In force July 1, 1874.

AN ACT to amend an act entitled "An act in regard to roads and bridges in counties under township organization," approved April 11, 1873.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section sixty-three (63) of said act be amended to read as follows, to wit:

"Any person owning, using or occupying lands on both sides of any public highway shall be entitled to the privilege of making a crossing under said highway for the purpose of letting his cattle and other domestic animals cross said road: Provided, said person shall erect at his own expense a good and substantial bridge, with secure railing on each side thereof, and build an embankment of easy grade on either side of said bridge; said bridge not to be less than sixteen feet wide, and to be approved by the commissioner of highways of the town in which said bridge is built, and the same to be kept constantly in good repair by the

consent and approval of the commissioner of highways of said town: And, provided, further, that in case such crossing is made on any water way, or natural channel for water, and where a culvert or bridge is maintained, as required for road purposes, said owners or occupants shall not be required to pay for or construct any more of said crossing than the additional cost of such crossing over and above the necessary cost of a suitable culvert or bridge for road purposes at such place." APPROVED March 28, 1874.

§ 1. To appropriate surplus moneys in the payment of any indebtedness existing against towns or villages. In force May 3, 1873.

AN ACT in relation to surplus funds raised in towns and villages for town, road and bridge purposes.

WHEREAS various towns and villages in this state, by a vote of the electors thereof, did, in pursuance of law, raise money for town, road and bridge purposes; and whereas, in many towns and villages in this state, a surplus of such moneys remains on hand; and whereas, there is no statute authorizing the appropriation or use of such surplus for any other purpose than that for which the same was raised; therefore, SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the several towns and villages of this state which may have a surplus of money raised for town, road and bridge purposes, as aforesaid, be and they are hereby authorized, by vote of a majority of the trustees or other proper officers of any such town or village, to appropriate any such surplus moneys to the payment of any indebtedness existing against any such town or village, and for no other purpose.

§ 2. Whereas there is now no statute authorizing the transfer of such funds, wherefore an emergency exists for the immediate passage of this act: therefore, this act shall take effect and be in force from and after its passage.

APPROVED May 3, 1873.

SCHOOLS.

§1. Transfer of pupils. In force July 1, 1874.

AN ACT to amend section thirty-five (35) of an act entitled "An act to establish and maintain a system of free schools," approved April 1, 1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section thirty-five (35) of said act shall be amended so as to read as follows:

"8 35. Pupils shall not be transferred from one district to another without the written consent of a majority of the directors of both districts, which written permit shall be delivered to and filed by the proper township treasurer, and shall be evidence of such consent; and separate

schedules kept for such district, and in each schedule shall be certified the proper amount due the teacher from that district, computed upon the basis of the total number of days' attendance of all the schedules. If the district from which the pupils are transferred is in the same township as the district in which the school is taught, the directors of said district shall deliver the separate schedule to their township treasurer, who shall credit the district in which the school was taught, and charge the other districts with the respective amounts certified in said separate schedules to be due. If pupils are transferred from a district of another township the schedule for that district shall be delivered to the directors thereof, who shall immediately draw an order on their treasurer in favor of the treasurer of the township in which the school was taught, for the amount certified to be due in said separate schedule. When a school is composed of pupils from different townships, the teacher shall in all cases be paid by the treasurer of the township in which the school is taught, and the duty of collecting the amount due from the other townships shall devolve upon the directors. Upon petition of fifty voters of any school township, filed with the township treasurer at least fifteen days preceding a regular election of trustees, it shall be the duty of said treasurer to notify the voters of the township that the election "for" and "against" a high school will be held at the next ensuing election of trustees, and the ballots to such effect shall be received and canvassed at such election; and if a majority of the votes at such election shall be found to be in favor of a high school, it shall be the duty of the trustees of the township to establish, at some central point most convenient for a majority of the pupils of the township, a high school for the education of the more advanced pupils. For the purpose of building a school house, supporting the school, and other necessary expenses, the town shall be regarded as a school district, and the trustees shall have the power and discharge the duties of directors for such district in all respects: Provided, that in like manner the voters and trustees of two or more adjoining townships, or parts of townships, may co-operate in the establishment and maintenance of a high school on such terms as they may by written agreement, made by the board of trustees, enter into.

APPROVED March 24, 1874.

§ 1. Examination of teachers. In force July 1, 1874.

AN ACT to amend section fifty (50) of an act entitled “An act to establish and maintain a system of free schools," approved April 1, 1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section fifty (50) of an act entitled "An act to establish and maintain a system of free schools," approved April 1, A. D. 1872, be and the same is hereby amended so as to read as follows:

"No teacher shall be authorized to teach a common school under the provisions of this act, who is not of good moral character, and who does not possess a certificate as required by this section. It shall be the duty of the county superintendent to grant certificates to such persons as may,