A large reservoir was excavated at the bank of the river, twentyeight feet in diameter, and thirteen feet below low-water mark in the channel, and walled up with stone and securely covered. The sub-soil being of loose gravel, a large quantity of remarkably pure water is filtered through from the river, and from the land side also, until, when the work of excavating ceased, the pump used for clearing the water from the pit, was throwing out about sixty thousand gallons daily. This will insure at all times an abundance of pure water for the Institution. A building 24 x 26 feet, with walls and chimney stack of brick, providing room for boilers, steam pump and fuel, was erected near this reservoir, and a cast-iron pipe laid from the pump to discharge into the large reservoir at the rear building. Total cost, $5,332 05. A neat and substantial brick carriage house and stables, with storage for hay and grain, has also been erected, of sufficient capacity for the Institution, when completed. Size, 57 x 38 feet, two stories in height, costing about $3,150. A large crib for storing corn has also been put up, to cost when completed, about $550. The contract for supplying vapor fuel, from petroleum, in connection. with the gas works, not having been complied with, it will be necessary to construct a house for storing coal, to be used for fuel. This should be of brick, with an iron roof, to guard against fire from spontaneous combustion in the accumulation of bituminous coal necessary for a winter's supply. Coal left exposed to the action of the elements deteriorates rapidly in quality, so that it becomes a matter of economy as well as convenience, to provide a store house for it. For this purpose a suitable building will cost about $5,300. To construct the central building and south wings, and thus complete the Hospital according to the plans and specifications, will cost, at present prices of materials and labor, as follows: The immediate and urgent necessity for increased accommodations for this peculiarly unfortunate class of citizens must be apparent to all who refiect upon the subject. As a matter of wise economy for the State, the early completion of the Hospital may be urged. Your Medical Superintendent can better state the disadvantage under which the Institution is laboring for want of more positive separation of the sexes, Vol. IV-6 and better classification of the patients. The cost of salaries of officers, and labor, in running half, is nearly as great as would be required for the Hospital when completed; while the percentage of cures must of necessity be materially less. The importance of this matter must be my excuse for referring to what more properly belongs to the Medical Superintendent. The estimates for furnishing the central building and south wings will, doubtless, be furnished your Board by Dr. Kilbourne. Should the Legislature make an appropriation for completing the Hospital, in time to have the work put under contract in early spring, the whole could be made ready for occupancy by the first of September, 1874. So far as the work has progressed, it is believed the Board of Trustees can present it to the Legislature, and the people of the State at large, with just pride and satisfaction, and in return receive the commendation due to intelligent, honest and faithful public servants. Respectfully submitted. S. V. SHIPMAN, Architect. REPORT OF THE SUPREME JUDGES ON REVISION OF THE STATUTES. To the Governor of the State of Illinois: In pursuance of section thirty-one of article sixth of the constitution, the following report is respectfully submitted: Only a few of the circuit judges have made reports to us. This is probably to be attributed to the fact that the entire statutes have been under revision for several years. The statutes of the last session, which have changed so materially the laws which have governed us for more than a quarter of a century, have not been in operation long enough to be thoroughly tested. We have therefore felt it incumbent on us to re commend only a slight modification. Our attention has been called to some defects by the circuit judges, and in the administration of the laws some omissions have occurred to us. To remedy these we herewith present a few bills. It is the safest rule to make as little change in the laws as possible. When a statute has been in force for a long time, has been construed by the courts, and is generally understood, unless it has operated oppressively or mischievously, its continuance will prevent litigation and best subserve the public good. There is no statute of limitations in actions of forcible entry and detainer, or forcible detainer. This is an omission which should be remedied. No reason is apparent why they should be excluded from the operation of statutes designed as statutes of repose. In the bill submitted the time is left blank; but we would suggest eighteen months as a suitable bar to such actions. The reports of the circuit judges, and our own experience, suggest the propriety of a repeal of the law allowing the circuit courts to fix a solicitor's fee in partition suits. The fees are often excessively highindeed oppressive upon the parties—and for a much larger amount than could be obtained by contract. We think that the fees in such cases should be arranged between the parties and counsel by contract as in other cases. We present a bill to repeal the rule in Shelley's case. This is an old rule of the common law, obligatory upon the courts, and which, in its operation, often defeats the actual intention of the testator. The larger portion of the states have repealed the rule, and we recommend its repeal here. Poor men who have not the means to pay traveling expenses and bills, at hotels, are compelled to attend court as witnesses. This is often a great hardship to the witness, and a serious inconvenience to his family. The law should not impose this burden. Litigants generally have the ability to pay their witnesses, and when they do not sue, as poor persons, should be required so to do. When parties indulge in the luxury of litigation they should enjoy it at their own expense, and not at the expense of their witnesses. We also present a bill to allow a tender, in cases of unliquidated damages, as well as in cases upon the contract. In principle there is no reason for the distinction. The right to be discharged from costs should exist in one case as well as in the other. The change proposed in the "act in regard to the administration of estates" we regard as important. It will be perceived that we have merely re-enacted the old law, with one modification. This law has stood the test of time, been generally approved, and has operated no injury or mischief of which we are aware. The law proposed to be amended makes actions survive for all injuries to the person for assault and battery, for fraud and deceit. This class of actions cannot be defended so well after the death of one of the parties, and the estate would be placed at great disadvantage. We think it is safest and wisest not to remove the "ancient landmarks.” We submit two other bills for the consideration of the legislature— one to permit the same defense in a proceeding to foreclose a mortgage by scire facias as to a bill in chancery for foreclosure; and one to prevent the reversal of causes in the supreme court, for technical error, in the form of a judgment. All of which is respectfully submitted. C. B. LAWRENCE, W. K. MCALLISTER, BENJ. R. SHELDON. REPORT OF SPECIAL JOINT COMMITTEE TO VISIT SHAWNEETOWN. Made March 6th, and ordered Printed. To the Honorable, the Senate and House of Representatives of the State of Illinois: Your committee, appointed to inquire into the merits of a certain claim for damages of the city of Shawneetown, in pursuance of the following resolution: WHEREAS, This General Assembly is asked, by bill, to appropriate one hundred and twenty-four thousand dollars for the relief of the city of Shawneetown, in the county of Gallatin; therefore, be it Resolved, by the Senate, the House of Representatives concurring, that a special committee of two from the Senate, and three from the House, be appointed, whose duty it shall be to visit the city of Shawneetown, and examine into the merits of said claim, and report to the General Assembly, by bill or otherwise, at as early a day as may be practicable," Beg leave to report: That on Tuesday, the 25th ult., they proceeded to said city, and upon the day following made a personal examination of the excavation or ditch upon which the claim for damages is based, and also held a meeting for the purpose of taking testimony as to the construction of said ditch and the damages to the city of Shawneetown, resulting therefrom. The testimony at length, to which reference is made for greater certainty, as well as charts exhibiting fully the nature of said ditch, are herewith submitted and marked exhibit "A" and "C," respectively, together with certain affidavits marked "D," "E," "F," "G," "H,” “I.” Your committee find, upon investigation, that said ditch which forms the basis of a claim for damages, was excavated under and by authority of the State of Illinois, in the year 1838, during the prosecution, by the State, of a system of internal improvements; that it was excavated in order to drain certain lands to be used in part for the purpose of constructing a railway thereon from Shawneetown to Alton. The said projected road was located on and across overflowed lands, which it was sought to drain by digging a ditch, but through faulty management the State engineers directed the course of the waters from their natural channel, and in order to carry off the immense accumulations of water, a certain culvert was made and sewer built, under a contract made with the board of trustees of the town of Shawneetown, in effect that the State would properly construct and forever keep in repair said sewer or ditch. It would appear to your committee, from the evidence submitted to them, that the State did construct a sewer, by digging a ditch along the line described, and which, by reference to the accompanying maps, |