40. [CONSTRUCTION OF THIS ACT.] § 4. This act, shall not be construed to apply to cases of persons voluntarily quitting the employment of any railroad company or such other corporation, firm or individual, whether by concert of action or otherwise, e[x]cept as is provided in section one (1) of this act. [Laws 1877, § 4, p. 168.

AN ACT to prevent frauds in the coloring of grain. In force Jnly 1, 1877.

41. [COLORING GRAIN.] § 1. That no person shall subject, or cause to be subjected, any barley, wheat, or other grain to fumigation, by sulphur, or other material, or to any chemical or coloring process, whereby the color, quality or germ of such grain is affected. [Laws 1877, § 1, p. 91.

42. [NOT TO BE ON SALE.] § 2. No person shall offer for sale, or procure to be sold, any barley, wheat, or other grain, which shall have been subjected to such fumigation, or other process, as provided in section one (1) of this act, knowing such barley, wheat, or other grain to have been so subjected. [Laws 1877, § 2, p. 91.

43. [PENALTY.] § 3. Any person violating the provisions of this act, shall, upon conviction, be punished by fine of not less than one hundred ($100) dollars, nor more than one thousand ($1,000) dollars, and imprisonment not exceeding three months in the county jail, and shall also be liable for all damages sustained by any person injurei by such violation. [Laws 1877, § 3, p. 91.

44. [HOW FINES COLLECTED] § 4. Any court of record shall have jurisdiction over this act, and all fines under this act, shall be collected as the statute provides in other criminal cases. [Laws 1877, § 4, p.

AN ACT to provide for the election and qualification of justices of the peace and constables, and to provide for the jurisdiction and practice of justices of the peace,in civil cases and to fix the duties of constables, and to repeal certain acts therein named. In force July 1, 1872.

1. [JURISDICTION OF JUSTICES OF THE PEACE.] § 13. Justices of the peace shall have jurisdiction in their respective counties in the

following cases, when the amount claimed does not exceed two hundred dollars:

Fourth-In actions against railroad companies, and any person or company controlling, operating or using any railroad in this state, for killing or injuring horses, cattle, sheep, hogs or other stock; for loss of or injury to baggage or freight; and for injury or damage to real or personal property caused by setting fire to the same by their engines or otherwise. [R. S. 1874, ch. 79, § 13, p. 639.

2. [SERVICE ON CORPORATIONS.] § 21. An incorporated company may be served by leaving a copy of the summons with its president, secretary, superintendent, general agent, cashier or principal clerk, if. either can be found in the county in which the suit is brought; if neither shall be found in the county, then by leaving a copy of the summons with any director, clerk, engineer, conductor, station agent, or any agent of such company found in the county. R. S. 1874, ch. 79, § 21, p. 640.

AN ACT to amend sections two and four of an act entitled "An act in regard to practice in courts of record," approved February 22, 1872. In force July 1, 1877.

3. [ENACTING CLAUSE.] § 1. That sections two and four of an act entitled "An act in regard to practice in courts of record," approved February 22, 1872, be and the same are hereby amended so as to read as follows, to-wit:

4. [SUITS WHERE BROUGHT.] § 2. It shall not be lawful for any plaintiff to sue any defendant out of the county where the latter resides or may be found, except in local actions, and except that in every species of personal actions in law where there is more than one defendant, the plaintiff commencing his action where either of them resides, may have his writ or writs issued directed to any county or counties where the other defendant or either of them may be found: Provided, That if a verdict shall not be found or judgment rendered against the defendant or defendants resident in the county where the action is commenced judgment shall not be rendered against those defendants who do not reside in the county, unless they appear and defend the action. Actions against a railroad or bridge company, may be brought in the county where its principal office is located, or in the county where the cause of action accrued or in any county into or through which its road or bridge may run. [Laws 1877, §2, p. 146.

5. [SERVICE-RETURN.] § 4. An incorporated company may be served with process by leaving a copy thereof with its President if he can be found in the county in which the suit is brought, if he shall not be found in the county, then by leaving a copy of the process with any clerk, secretary, superintendent, general agent, cashier, principal, director, engineer, conductor, station agent or any agent of said company found in the county, and in case the proper officer shall make return upon such process that he cannot in his county find any

clerk, secretary, superintendent, general agent, cashier, principal, director, engineer, conductor, station agent or any other agent of said company, then such company may be notified by publication and mail in like manner and with like effect, as is provided in sections twelve and thirteen of an act entitled "An act to regulate the practice in courts of chancery," approved March 15, 1872." [Laws 1877, § 4, p.

147.

AN ACT in regard to gateways, roads and bridges in counties not under township organization. In force April 18, 1873.

6. [NOTICE TO RAILROADS.] $ 54. In addition to the notices now required by law, in proceedings for locating, laying out and opening of public roads, similar notices shall be served upon any railroad company, across or alongside of whose railroad it may be proposed to locate a public road: Provided, that this act shall not apply to the proceedings for opening streets in towns and cities. [R. S. 1874, ch. 121, § 181, p. 944.

7. [SERVICE ON STATION AGENT.] § 55. The notices, as required by this act, shall be served upon the station agent of any such railroad company, nearest to the proposed location of such projected public road. [R. S. 1874, ch. 121, § 182, p. 945.

AN ACT giving the assent of the state of Illinois to the construction of bridges across navigable rivers in this state, and upon the boundaries thereof. In force July 1, 1872. 8. [CONSENT TO CONSTRUCT BRIDGES.] § 1. That the assent of the state of Illinois is hereby given to any corporation or association organized under the laws of this state and subject thereto, to construct bridges across navigable rivers in this state, and upon the boundaries thereof, whenever authorized by the congress of the United States, under such conditions and restrictions as the congress may impose. [R. S. 1874, ch. 121, § 186, p. 945.

AN ACT to provide for the sale of unredeemed property by common carriers, warehousemen and inn-keepers. In force July 1, 1874.

9. [SALE OF UNCLAIMED PROPERTY.] § 1. That whenever any trunk, carpet bag, valise, bundle, package or article of property transported or coming into the possession of any railroad, or express company, or any other common carrier, in the course of its or his business as common carrier, shall remain unclaimed and the legal charges thereon unpaid during the space of six months after its arrival at the point to which it shall have been directed, and the owner, or person to whom the same is consigned cannot be found, upon diligent, inquiry, or, being found, and notified of the arrival of such article, shall refuse or neglect to receive the same and pay the legal charges thereon, for the space of three months, it shall be lawful for such common carrier to sell such article at public auction, after giving the owner or consignee fifteen days' notice of time and place of sale, through the postoffice and by advertising in a newspaper published in the county where such sale is made, and out of the proceeds

of such sale to pay all legal charges on such articles, and the overplus, if any, shall be paid to the owner or consignee upon demand. [R. S. 1874, ch. 141, § 1, p. 1086.

10. [PERISHABLE PROPERTY.] § 2. Perishable property which has been transported to destination, and the owner, or consignee, notified of its arrival, or being notified, refuses or neglects to receive the same and pay the legal charges thereon, or if upon diligent inquiry the consignee cannot be found, such carrier may, in the exercise of a reasonable discretion, sell the same at public or private sale without advertising, and the proceeds, after deducting the freight and charges and expenses of sale, shall be paid to the owner or consignee upon demand. [R. S. 1874, ch. 141, § 2, p. 1086.

11. [APPLICATION OF ACT.] § 3. The provisions of this act shall apply to inn-keepers and warehousemen. [R. S. 1874, ch. 141 § 3, p. 1086.

AN ACT to empower township trustees to sell and convey right of way and depot grounds for the use of railroads crossing school lands. In force July 1, 1875.

12. [POWER TO SELL SCHOOL LANDS.] § 1. The trustees of schools of any township concerned are hereby authorized and empowered, in their corporate capacity, to sell and convey to any railroad company which may construct a railroad across any of the public school lands of such township, the right of way and necessary depot grounds. All money received by such trustees for any right of way or depot ground so sold, to be turned over by such trustees to the treasurer of the township for school purposes. [Laws 1875, § 1, p. 96.

AN ACT to revise the law in relation to plats. In force July 1, 1874.

13. [PLATS MADE AND RECORDED.] 9. Whenever any highway, road, street, alley, public ground, toll road, railroad or canal is laid out, located, opened, widened or extended, or the location thereof altered, it shall be the duty of the commissioners, authorities, officers, persons or corporations, public or private, laying out, locating, opening, widening, extending or altering the same, to cause a plat thereof showing the width, courses and extent thereof, and making such reference to known and established corners or monuments that the location thereof may be ascertained, to be made, and recorded in the office of the recorder of the county in which the premises taken or used for the same, or any part thereof, are situated, within six months after such highway, road, street, alley, public ground, tollroad, railroad or canal is laid out, located, opened, widened or extended, or the location thereof altered; and when any highway, road, street, alley, public ground, tollroad, railroad or canal is vacated, the order, ordinance or other declaration vacating the same shall be in like manner recorded. This act shall not be construed to alter or effect any law specifically providing for the recording of any such plat, or to require the same to be recorded sooner than is so specifically provided; except that any requirements to record such plat in any other place than is provided herein shall not excuse the parties from complying with this

act. Whoever shall refuse or neglect to comply with this section shall forfeit $25, and the like sum for every month he shall continue in such refusal or neglect after conviction therefor, to be recovered before any justice of the peace of the county, in the name of the county, one-half to the use of the county, and the other half to the use of the person complaining. [R. S. 1874, ch. 109, § 9, p. 772.

AN ACT to fix the liability of common carriers receiving property for transportation. In force July 1, 1874.

14. [COMMON LAW LIABILITY.] § 1. That whenever any property is received by a common carrier, to be transported from one place to another, within or without this state, it shall not be lawful for such carrier to limit his common law liability safely to deliver such property at the place to which the same is to be transported, by any stipulation or limitation expressed in the receipt given for such property. [R. S. 1874, ch. 27, § 1, p. 268.

AN ACT to revise the law in relation to state contracts. In force July 1, 1874.

15. [NUMBER OF PUBLIC DOCUMENTS PRINTED.] § 29. Hereafter the number of public documents printed, bound and distributed by authority of state shall be as follows:

Eleventh-The report of the railroad and warehouse commissioners, 4,000 copies, of which one copy shall be delivered to each member, and one to each officer of the general assembly, ten copies be retained for the state library, one copy be sent to each county clerk, one copy to each county board, 700 copies be delivered to the secretary of state for general distribution, and the remainder to said commissioners. [R. S. 1874, ch. 127, § 29, p. 1,000.

16. [SIZE OF REPORTS.] § 31. No report of any institution, department or officer shall exceed three hundred printed pages, unless the commissioners of state contracts and the governor shall, for good cause, certify to the secretary of state that the interests of the state require that such report shall exceed three bundred pages. [R. S. 1874, ch. 127, § 31, p. 1000.

17. [CLASSES OF BINDING.] § 37. The binding for the state shall be and hereby is, divided into five classes, as follows: *

*

*

Third-The folding, sewing with two twines, and trimming of the reports of the executive departments and of public institutions, and the binding thereof in English cloth and binder's or cloth board sides, with title and any required ornament embossed in gold on the backs and blank fillets on the sides, shall constitute the third class.

Fourth-The folding, stitching with three holes and trimming of reports to the general assembly, or either house thereof, and other documents, and the binding of said reports in paper covers, with the title page printed thereon, shall constitute the fourth class. [R. S. 1874, ch. 127, § 37, p. 1001.