Chicago Daily Tribune Newspaper, March 19, 1879, Page 6

; ! i . STATE AFFAIRS. " The Sleeping-Car Bill Talked ) THi CHICAGO RIBUNE: Quorums Secured in Both Houses at Springfield Yesterday. Over hy (ke Senate, nud Tecommitlted. Pagsage by the Somate of the Oook-County Commis- sionor Bill, Progress of the Bill Making Legal Contract-Interest 8 Per Oent. ‘The Drainage Bill Revised In the House and Ordered to a Third Reading. Full Toxt of This Very Important DMeasure as It Now Stands. A Beer-Garden Debate in tho House TUpon the Subject of Militia. PROCEEDINGS, BENATE, speciat Disnateh to The Tribune. . gentworieLy, Ik, March 18.—A pgood work- S quorum was present in the Scate thismorn- ng. The followlng reports were mude by the Appropriation Cominittes: For ordinary ex- penses of the Normal Scbool at Normal §18,000 per annum; for the Industrial University at Urbnna $2,600; for taxes on Nebraskn lands— £2,600 for repairsy $1,000ifor Yaboratory; for workshop Instructlon $1,500; for books §1,500; for geotogiealidepartinent $1,000; nnd other op- propriations to the ainount of §5,000, NEW BILLS. # Tho three davs' adjourniment now bore fruit,'a raft of new bilis being presented. Under the tead of unfintehied business, Sena- tor Archer's resolution to Himit the time of in- trodueing new bills, exceut by unanimous con- sent, to the 20th tnst,, once more came up, and was adopted. THE ABSENTEES. Benator Whitings then moved n suspenslon of tho rules, to take up his resvlutlon requiring n zall of the Yoli ench _morntug, und o record of ahsentees lept, but the Senate refused to con- sider the resolution by a vote of 23 to 122 Scnator Lee then arose und made nshort yoeceis in explanation of hls motiva in moving acall of the Touse Saturday, He disclatmed iy intention uf wighing merely to put abseutees down on the record, or of culiing the attentlon of the publie to tleir obsunce. It wus purely 1 effort to secure a ouoruin. t‘l.'cl‘lia'lur Juslyn—Who cures (€ the roll was calle Kenator Lee—T wnderstgnd some of them aro rather mad atout it. Aund Lere the matter rested, LITIGATION. The following bill to mmemi the Practico act was then rend a third time and passed s 8ro, S0, The dofendant in any action brought upal ARY CONLFACI OF ngreement expryseed or fine plied hivine clalme o deimands, fornged npwn s contesel eithor exprorsed or tmpiied, elther figuidated or unllysidated 1 their natire, and whether arising out of or connceted with the sub. Jectemotter of tho plaintil’s coutract or agree- incut. or vtherwise, ngalnst the plalnt!l (n such action, mny piead the same, or give notlce thereof, under tha gencral [ssue,” or under the pled of pasment: und the eame, or aich prt thereof as the dul ant mhall yrove on trial, 2hutl besct oif and alidwed agninet the plalntiit's demand, ano & verdictshnll be given for the halance dne, - And 1 It shail appear hut the plalntill (s tidebted to the Gefendunt the jury shall ind a verdict for the defendant and eerilfy to the Court tha amornt wo tound, and the Court khall ive udg- uient in favor of wuch defendant, with tho coxts of Hiin defense. If the catse u tricd by the Court, the inding and judgment rhall be in ke manner, Senato Bill No, 05 was then taken up and pussed. It will he seen that this net authorizes sults to recover (axes on forfelted property, nud fessens the difliculties of proof of the regular- fl.ydol Fll prior proceedings of levy, judgment, and sale: ¥ 8er. 1, Do It enscted by tho people of the State of Ilinole, reprevented i the General Assombly, ‘Thut See, 2210 of on act entitled ** An act for the ansessment of property and for the lovy and collec- fon_of taxes, approved March W), 1832, ba amended eo o4 1o rend u follows: Sec, The Cavpty Yoard may uLany than fustitute suit in an action of debt, 10 the namw of the peoplo of tha Btate of 1linols, in any court of competent juriv- dietion, for the amount due on forfelted pronerty and in ' such suft the record of the real property furfeited to the Stato shnll bo prima-facie vvids of tne legality and regularity of all privr peoc ings, and the” introduction of snch record In dence shnll constitute a prima-facle csav lur the PN HYTY A MORTGAGES, Benate BiIl No. 177, which does away with £ales under powers of sale In trust-deeds, mort. zojzes, ete., and requires all such conveyaneea to e toreclosed under a deeres of courty wus nlso passed. LIRNY, ‘The LIl to amend the law in relation to lens was refected on a thivd reading, SUST TWO MOk, Benator Bent hiere obiatned Jeave to Introduce another resolution In regard to the printing of bilts, nnd Senator White leave to introduce one more bill, which [s to repeal the et to provent frauds on travolers, COUNTY (;0MMISSIONERS, +The followlug important bill, which, ft i sald, atms direetly at the Cook Coynty Comntnizsion- ers und secks Lo put some resteaint on thelr exe penditures of public mausys, was, alter explani- Hon by Bouator” Ridlc, pussed by voto o 3 0 0: Src, 1. Du it enacted by tho of Jliinole, ropreaented In the That Secu, 50 aud UL of au act ontitled **An net to ravine the Taw in zelatlon tu counties, " approved wnd In force March 31, 1h74, be und the samae Lereby is amenged ao thut it shall read s folluwe; Sxe, 60, Thelr term of ofiice shiuli hugin on the firat Monday af Decembor afier theie election, and hey whall Kold thenr oltiee, respectively, until their Sessor aro eluciod nnd quatided. - ot of vaid ‘ommigsiouers shall huve veen o resldent uf the dietrict from which hu is elected for ono Year prior ta bls clection. The provisions of the genern) olection law, entitled ** An act fur, the registry of Elcctors, und to prevent frandalent votiug,* siall }xu‘nunuvd 1o all etectiuny fur Commlasionura under nla nct. Sze. U1, The said Commislonern shall,severally, befora they enter npvn the dischareo of their duties, tuke (ho vath of ifice preseribed by the Constitution; they whall ho known us the Buard of Comtnissioners of Caiok County, snd ne vuch Bourd of Commisaloners shnll have the munmrement of tlie cuunty aftairs of suld connty, and shall exers cine the wiia powers,' perforim the satoe dutie: suuject to the wamin rulew, reguistions, s s Hes ow prescril by law for the Board of Bupe visors, und shall bo wubject nlso to tha riles, e latsonn, azd penalties horeiuaftor provid ' said Boaid uf Consunasloners whall have or authority to delevato (o any commiiy GLLer bersun or persons, 1he ** power 10 acl,” when Euch *cpuwer to net™ shalt fnvolve the Jutting of any contruct ur the eypenalturs of public money exceedig the wum of S500, aud any actlon of mfd Bourd, or of sny Comittes theraof, “or of any OUhCT prraan oF ‘bursuny, 1 violutlon' of thin sece Hou, shall bo null and void, " No muuey shall be appiopristed or paid by sald Connty Comumusion. erd beyoud tha suin of 200, uuless sich sppro- r(lnl!ull whnli huve been authonzed by o vote of at uaat twu=tiirds of thy members eleclod 10 the wakd County HBea,d. “Thessld Losed of Connty Come niwaloneis shull huve regular sceungy on the et Mondays of Docember, March, dune, and Septeus ber ot cnch year. ‘Ihe bI requirhyg au afliduvit of werits to be mado to all clulmas agalnst the State of Ulinols was passed ; also the Wil to provide u lhrary for the use of the Appellute Conrt [n the Firet District, 1t appropriutes 3100,000. ERPING-CAIS, Benutor White's bill to regulate the charces oy sleepbig aud dining cars was then taken up, When it was read, ator MeClellun spoko «agamst the darge reduction the bl mude on the !Ircwut charges. lluwever, be ud not sufiicient uformation 1o vote intellizently ou the bill auw. Ho wauted hzht ou this matter, Bevutor Bash hoped the bl would not pass, 1t was wroti, “the Company could not stand e ruduetion, Benutor Merritt—3lr, President, { hopo it will wee. Ve hnve o rlight to reeulate thls watter ust the saine us we can rugulate raflroad furos, Buoator White was surprised thit (b Benator peopla of the State senernl Avacinbly, stond {t was impractieable. WEDNESDAY:. MARCH 19, “I879—-TWELVE PAGES. from_the Sccond District should now apposo thia bk, after having voted to recommond lts vassage fn the Committee. Ho alluded to the recent Hlouse inveatigation of the Pullman Car Cotnpany,—of how they wera wined and dined by ity and vame back nnd £ald the Company was oll rizht, nid they only made 8 per cent on fheir canltal. gant salaries, nud were now rleh. tight In principle, aud wa to prevent extortlon, "The Cdmpany patd high aml exteava- ts ofticers, Who began poor, e favored the bill. It was Senator Lee opposed the Jaw.” As it now pro am} con, the Wil bie talk, After constderable i itien o waa flnally recommitted Municlvalities, INTRREST, A number of hills were then tnken up und reud n seeond Lime without any apcclal fnterest being taken {n them, witl] the b to do sway with the present rate af interest came up, Sen- ator Campbell moved tostrike out the words which in fhe bill fix the rate at 8 per cent, wind Jenve the parties to iheir own contract, "But there were teo many gentlemen present who know how to furaish'commereinl responsibiiity by Inaw, and 80 the motion was lost, it recelving oilly twelve votes. Many other amendments were offered nid ost, and, after a long discus- slon, the bill wus ordered to n third readlng, the rate standing at B per cent, HOUSE, When the House commenced this morning, the followlng members were present: Abraham, Tlopkins, Ltobinson (Jack. Bolt, Ingham, son), # Bower, dackeon, Jtogers, Tienduen, Jaunings, Tlchioy, Lirigham, Junes(Cnristinn)Ilyan, Trumback, Jones (Wushing-Bamuel, uck, ton). Scarletd, Burt, Keniston, Heott, Datterworth, Kouka, Scrovge, Tiyees, Laymen, Bucrest, Carter (Adams), Lovull, Sexton, Cnurchill, Lyon, Shaw, Chane, Mnrston, Sherman, Corklo, Mason, Simonson, Collins, Matthews, Slonn, Crooker, Meliride, Sulgne, Crosthwalt, Mcklo, Davis, McKinlay, Day, Meler, Sfruckman, Dutfee, Miles, Taylor (Cook), Ehrhardt, Mitehell, ‘Thutnas, ot Mock, “Thomason, Eldredye, Morriton, Thamps'n(Conk) Murray, Thomeon (Will), h'nlilllh. Fawing, , Tice, Flexlin, Nichols, Fonsbender, 0" Malley, Foy, Orendor(, Giranger, Otman, Qray, Pearean, Weter, Qross, Peters, Wentworth, Hall (Gallatin), P'rickett, Whealer, Harte, Provart, Witson, Merrinuton, Ranney, Wightman, Hinckloy Realinril, Zink, Uinds, Teavill, Mr., ~ Speaker— 1slden, Robiwon(Fulton) 108, ANSENT, Allen (Warren), Gregg, Price, Allen ~ (White- Hn) (‘Pazewell), Eavage, wido), lialiiday. Heltor, Tinrry, Nainliton, Bmlth, Bowen, Hammond, Snencer, ishe Johnean, Taylor (Winne- Bluck, YLatimer, bago), Carter (John- Lewls, Tracy, son), MeCreery, Trammell, Harle, Aficha Wall, Care, Milec] Waieh, Crenier, Moss, Warreh, Powey, Nefl, wrieht (Boono), Dysurt, Pleasants, Welght (i Frew, Powell, pate), CGraham, Tratt, Ziinmerman—45 Green, THE STATA INSTITUTIONS. The Governor transmitted to the House n hulky volume of manuseript, composed mostly of flzures, In response to o resolition of inguiry by the House eolling for a tabular statement of the eost, ol the niue State fnstitutlons, inclnding the vost of the luud, buildhirs, ete,, since 1539, ‘Clie approxiimate suip iseiven in round numbors nt 32, 002, The blennial appropriations for the nine Stato fostitutions n 1577'8 are given at SLOT2,500. The appropriutions for the threw edueatious] institutions, the Northern - wnd Southern Normal_Schools and the Iudustrinl Unlversity, for 1877-'8 I8 given at $181,073.12, The cost of maintalnlge the State Board of Charlties ntul Jts clerical forco during the year 1878 Is given At #5,281, THE INSURANCE RING in'the ITouse uud Senate are active. There Inn disposition to squeezo these companles ami make them come down with their tuere, Of the twenty-five bills futroduced on the subject of insurapce there Is not more than one, or Lwo perhiaps, which ought to become laws, The re- mafniog bls are perniclous nod against the In- terests of the people, And all thuse who vote for them ought to be marked by the people. THE MILITIA BILI~ I'lie conslderation of thy majority and minorl- 1y report on the Militls bill was then taken np by the House. Mr. Sherinny, of Cook, moved 10 ndopt the majority report. Mr. Harts moved (10 substitute the minorlty for the mn‘urhy report, nud on that motjon he safd you behalf of the minority,be thought they were aetig on bohalt of ! the best o- terests of the peoble of the State, e thoueht thero werw men on the floor of this House who belleyed thut 8,000 armed ollitin were a guflleient forea to aid In maintainiug the Inws, Ile was opposed to o standing army of 260,000 men. He objected to the un\jornry re- port on aceonnt of the expenso of maintafning the organizatlon, It was uu open door futo the Treusury of the State, MRt DURFEE followed Mr. Harts, moking a mock-herole #peecks In invor of the minority report providing for a mlllta organization, but” really ogalust (t. Heeald: * Mr, Speaker, L am 1 Iavor of the minarity report, because of the brilllant poa- sibilitfes thut may ocenr under . wilitary codo ptterned sfter such a veport. At my friend Bolp, the taflor, fourlshing his covse mloft and untelescoping his backbone as he madly rushes to the fray aud seeks the spot whers bullets are thickest, 1 see my friondd, the learned Dr. Don Quixote de la Mancha, girdlz on bis srmor, and saddling s steed Hosluante, prepuratory 1o attacking that pestiferous windmill, the Communistic party. Laughter aml cheers.] I see my Iriend, the Low, Juck Falstall, pusteringe Ws recrnits, and heur hiim elve the order in stentorian tones to sack u sauguinary smolie-house, or rob a rebell- fous heproost,” mwl see the valinnt hee roca of this corn-cob militla’ veturn from the gory conflict laden with tle apoity of thefr valor, to bask in the sinfles of youth and beauty, nnd ent leecrenm, [Itenewerd Inughter,) "I see the valiant bero, the vrhde of the Sucker State, witha cockle-bur on ench whoulder to signify his high miltary rank. © sce biim throwingg hhnself jn - the breach when the Communistie rloters are threatenlig exist- g law and order, aned, tn melliluous ainl rea surlne tones, nvite the seared il trembling corporations to come und rest on this bosom, my own utricken deer, und can wee the feeling of perfect securlty overcome them s lio WRAFS 1118 MANTLE LIKE A PROTECTING AGI3 sbout fhem. I see, under the provisions of a Lill Hke tols, o moving multitude of militry heroes, with the front of Mars aml the heart of Bufke, nud with a quarter-section of ginger- bremd, rushing Lo arms us they haste to throw cselves in e brecehes o defense of their try, | seo them puss soleann resolutions, nfter the manber of U Bpurroweruss Homo sunrds, never to Jeave thelr “natlve Stite with- out the eoemy enters it In fact, Mr. Speaker, my mind s Wled with the brilllant possibillties it may oceur under such o bill. — For these ensons onty am § in faver ol the ininority re- vort.” [ Laughter s cheers.] Mr. Peters spoke ip favor of the majority re- port, He had mude n computation, sl be }uuml that thee entire ussessiment for military surposes wmouited (1 about one cent on every 50 of the property valuatlon, He asked what man there was fn the Statu who was not wiiling 1o pay one cent for the protection of that 50, 1o believed the peonle demunited un organized ulxlv‘luu. for the purpose of supprussing mobsund rivts, Mr. 8nfgrz usked Mr, Peters if ho wns a mem- ber of the Hlinols Nutional Guard, Mr, Peters repliud that he wus, und he WAS NOT ABHAMED TO MAKE TIAT ADMISSION, I1e safd thut he had the honor of communding an ndependent company of militha long hefore wilitury law wos passed, Afterwards ne lind been ealled upon to commund one of the regiments of the Hhnots Natloun? Guaard, and, s sieh commander, bo was willing to place hfmself at e post of danger, sl to eacrliice his life, it need be, for the purpose of sustain- fng the laws Wiey were here to enuet, 1r. Wilson spoku in fuvor of the majority re- port, sl elted the sums pald by other States In suppart of the mititls, ‘Lheoxperlonce of qther Htates had taueht them that they must sustaln u unlitla organlzation, und he nelieved the sumn appropriated by the majority bill was not too much for the support of tho militory system, e belleved fu was demitnded by the people, und that {1 was for the bust interestsol the State. Mr, 1 of Washington, made u long and labored arizament agalbst the nllitia sys- Lem. Tt saw nothing i L but o burdeusuine il mischisvous wreunizatiou, Mr. Junes, of Wasbington, did wot want the lmpression to o abroad thet the people whom Dis colleuguy (Hinckloy) in part revresented With himsclf were not o favorof o MLUitta bill, Ite belleved that s constituents WLHE NOT NIGUARDLY BNOUGH to object tu the small tax proposed for that purpose, Mr, Sherman thought this majority roport way an uttack upon the presout bitl und the vxe isting luwe The proposition of thy miuerity wns 80 destrov what Iittlo wo now Ilnd. nl render the State powerless to vrotect 1ls inter- ests, There was n time when the shors wd the factorfes of the State wers anspended, and when uil tie preat {ndustries of 1linols wera menaced by the violence il frenzy of a lnwleas mob. - The'telograph was fashing trom city to ity the detalls of the terrible destruction of property mint dabger to human life, Hal the eentleman from Logan (Mr. Tarts) forgotien thut tinel Ighe bind, he belloved thero wore many “P“" this flyer who had not. Mr. Thompron, of Cook, dellvered o written speecht In favor of o standinig army, in which ho toolt ueeaslon to Il the present orgnnization, and to arizie that the prosperity of (he country depenited on ity Mr. Snfee, of Sangamon, sald it was casting n suapiclon upon the pateiotism of the people for the Legislature to piss a law organizing s stand- e areny which sheuld perpetually mennce Heanlil he never shonld believe fn this schieme of astamling army as fong g he malu- tatned bis present views upon the subject of the canstitutional supremacy of clvil anthiority, flo enld he was not In faver of men who were eftl zens In war and soldlers In poace. 110 was fullowed by M1, sChOUNS, of Champnien, who believed it wwas an unfor- tunate thime when a wentleman from Cook (Bisbee) beian speech on 8 memorabla veens elon duriug the sesslon of the present General Assembly by refedring to an event which hud oveurred” 2,000 vears ngo. S8ince then othier members hiad been wandetng far back in the myatic ages of the past for thelr similes und illustratione, The gentloman from Sangzimon (Snlge) had been romning all over. the domain uf auclent Wistory during bis remarks of an lhour's duratlon. M. 8herman hind roferred to North Caroling, the tar-heels dtuto, My, Scroggs thoucht this State should never be cited as an example for Illinols, A State that ruised tar, turpeatine, uinl nell wus not n Ottio pattern for us to follow. A 8tate that had repudiated esery honest debt, nit hud written u blovdy record In treason, abould not bo held up at this day as an iliustration or an cxample for the loyal people of Ulinols, no matter whether they be §Demo- crats or Hepublicans. Ilo was in - faver of o militn system as o mntter of salety und ceonomy. Mp. Fleklin followed by remarklng that he cauld not slt quictly nnd &ee the fssiues of this measure changed,” This was not a question of whather we should have a Militla_law or nat, but & question of whether the people should be burdened by taxes or not, fle was in favor of Iaw wid order, In the rural districts they had 1o ucceasity for this law. CHICAGO MIGUT NERD 1T, but he thought she should protect hersclf, ‘Fhiey were in no candition to paes a bill sustaln- ing o etanding urmy, The clvil authority was wors computent and better adapted to quell rlots than the military.” On the coueluston of Mr, Flekln's remurks, Mr. Hopkins tmoved the nrevious question. Alr. Meyer, of Cook, who was charged with a specch on this warllke question, uttempted to get :hu floor, but was not recognized by the Chair. The voto on the previous question was put on the aflirmative side only, wien suddenly, with- out suy previous presmonition, A TEMPEST was ralsed {n the House which carrled the mind back with o jump to the thneof the Halues Leuislature. Mr. Herringtan and a number of his col- lengues demanided the yeas aml nn{u. fu the widst of the clamor, My, Harts, of Lozan, attempted to s{wnk. The Speaker recognized nim, ta procecd. Mr. Herrington spraniz to his feet and loudly dewmsnded the yens und pays. I'he Speaker refused Lo’ recomnize the gentle- from Kane. ‘wenty wembers from the Democratle side of the House got upon thelr feet sl shouted to the Speaker, who would not reeornizo them, Mr. Herrineton, un}vumlltl,\', was determined to maintuin his constitutional’ richt to demand the yeas und noye, und valuly sttempting to get the Hoor. Fiualiy he shouted at the top of his volee: **Mr. Speaker, the State of Ilifnois has beou diseraced by one presiding ofllcer from Lake County ([aines). BUT YOU IAVEN'T 113 DIAING, and you_ shall nut ride over the conatitutlonal rlghis of the members of this House,” Gireat confuston fn the Chumber followed these remarks, ‘Yhe Chair—I enll the gentleman to order, Mr, Herrlngron—You atato the question, Wo insist upon the yeas uml nn{» upon this ques- tlon, nud we will have our rlghts, ‘Che Speaker only raplied by recognizing the gousleman {rom Lowan, Mr. Harts, Mr. Herrington—These gentlemen shall have "hu right to be heard, uml wo will not be put down, Mr. lopkins—T object to the xentleman from Logan (Mr. Harts) speaking unless ho rises to a priviered guestion. 2 'The Chaic nttemnpted tostate thut he under- atood that was what the geutleman roso for, hut hio was fnterrupted by A PERFECT STOIM OF VOICES from the Democratie sldo of the House, clam- moring for the yeas uml nays, | ‘I'he Speaker, tiding that the minority side of the House must bo oppeased or the session would bo broken up in o free fight, forlly re- Iuetantly recognlzed the gentlenan from Kune, aud stated thnt, for the information of the e tlemun from Kane, o would say that, after the pentleman from Logan (Mr. lluru? lind apoken to s privileged questlon, he woulld yleld to the demund for the yeas and vays so kindly and po- ltely made by the gentleman from Kane, if five other membera also demasled It. ‘This skirmish resulted In -the ouse refusing to order the previous question, therefore Mil. MEYER GOT THD FLODNR, and succeeded In making his speeck. He was somewhnt pressed with questions durfme his re- marks, durligz whieh he denled that his con- stituents ware armed and furnished with nmmy nitlon, Mr. Shorman asked him then whetl whetr Seuutor Artley safd the other day speech Iy the Senoto thnt the Cominunists woulQ press thelr demunds with guna in their hainds wnd smmunition n their carteldgzo-boxes, Le believed that he told the truth, Mr. Meyer roplled by sayingg thut hio knew Artley lied, Mr. Meyer waa followed by o’ scatteriug sprech by Mr, Thumas, of Conk, who ridieuled the Soclallstic rophistries of his collenguo, Mr. Morrison tade a Hieree apeech agafnst the mllitia systen, stating that he should vote for substituging the minorly report for the nnjorl- 1v report, wnd on the very first opportuniiy ho shonld voto agulnst that ‘also, The power to cuforeo the statutes EXISTED IN A PREE PEOILE, and not fu o ll|l||hlry establighment. “The motion to substitute the minority for tho mujority reoort was lost by a vote of 1o 67, ‘This wetlon of the Hunse sustulug the militls systetn. It nelnz then 6:30 o'clock an attempt was wade to adjourn, umd the vole was so ovenly divitded that the Speaker was unable o decide, whercupun Mr, Sherman ealled for the yeas uid naye, ad the House sdjourned at 6:45 to a. wm, to-morrow, and allowed hinm PAT N'ARATI, County Agent, is hiero fur the purposo of using Iifs Influcuice, whatovee that nmr ey In prevent- Az any leelsiation concerning’ the Couk Coumy Commlsstoners, Patrick will undoubtedly not suceed, WIHIE'S SLEBPING-CAR BILL, ‘The Sub-Committes from the Senate, having in 1ta possession Beorge White's Sleeping-Car bill, fo-duy aeted upon Uik measiro ik resolved 16 report the bl back, recommending 83 for ace- tions, &3 for statgrooms, sud LK for n stugle berth ns the prope tarlif to bu hereafter churged Ly PVullnun, DRAINAG PROGRESS OF THE QREAT MEASURE, Special Dispater to The Tridune. SemNorinLy, 1, Murch 18.—~The House he- gan its week's Jubor this marnlug with a quoram wnd,an evideut fnteation of getting duwn 1o work. After the reading of the journal, the spuctal order of the doy was taken up, which was the conslderation of the remalning sections of thy Drofnage ill, beglanlyg at Bee. 50, Bome of the friends of the Mllitla bils hegun to fnquirc oa to the situation of thut measure, wheretipon the 8peuker decided thut the votu of 1he House subscquent to muklng the Milua DI the speclal order for this morniug had dls: placed §t upon the ealendar, aod that 1L could not bo taken up without a vote ot the House refnstuting it, Mr. Durfee, of Macon, moved to strike out all the rematuing portion of the Dratnage W), beghuntg with Sae, 51, Mr. Gianger wanted the provisions contatned tn the succceding scctlons stricken out und placed tn another biil, Mr. Robinson, of Fulton, thaught the provis- fous of this bill were sutlsfuctory to the peovle of his distriet, and he belloved it should be pass- ed, Ule suw O NECESSITY OF DRAWING Ul ANOTHER BILL, Mr, Cevoker spoke fu favor of retaluing the sections, saylhig that they were all that the peo- plo neoded, und thoy werv ample amd luexpen- sivo provisions, Mr. Wilkon, of Cook, was in favor of some king of & Dratuszo luw, but be was of the opln- ’ fon that the vresent blil should be n separate measure. Mr, Bamuels apoko fn favor of the biil. Mr. Weatworth, of Cnolt, rakl I {here was on agreement of parties there was no need of any Inw, This bill was for {he purposs of fore fng the construction of dralns, Many of his owin constituents were largely Interosted fn the subject of dralnage. 1o belleved the constitu. Uonal mmendment prohibiting rpectal asscss. ments wonld be violated by the passage of such alow, This was the view of the ableat lawyera of the minority aide of the House. So far un ho was concerned, ho was in favor of the bill with thls exceptton, Mr. Matthews aald ho had NEVER TOUND A RRPUTADLE LAWYRR whe hiad examined this subject who did not be- Jievo that thiese sectfons wers proner wud con- stitutional. “The lonl for the drainage pur- poees was taken and vald for, wid thus this constitutionn] objectlon was evated. Mr. Mitchell said (hat be objection to the cousideration and passmee of the rections nmder conslderation {f the gentlenen who rep- sesent the futereats of the levees umd ditehes thonght it necessary, It he wanted no detny i the perfection aid passage of i cheap, sim. vle, promot moile of constructing common fara dralns, Every member hero from pralrio districts knows how important it is that thisleg- falatfon be had promptly. Mr, Matthews safil lie proposed to ndd to this Dlll an amendment that it shall not repeal any other act upon the subject of dinlnage, The motion of Mr. Durfee was then put and Toat, nd ghe Honse proceeded with the consla- eration of the bitl, Mr, iranger moved to strike out Bee, 52, which was lust, Mr. MeRinlay safd that the section In question meant nothing, nad he thoueht the motlon of the wentiemnn trom Metlenry ((ranger) should e reconsidered, rle mo to reconsider the vote by which his motion was lost. The motlon was earrled, the vote was reconsidered, aml the sectlon was stricken out, ‘The remalntie see- tions of the bilk were thien consldered, aincuded, undd pagsed Lo a thivd reading, Mr. Matthows moved thint the thivd veading of this bill be made the rpecial order for Wednes. day, Marehs 20, which motion was carrled. THE BILL, FollowIng In the complete toxt of the bill as 1t was passed by the House to dts third reading on March 262 A They, far auact to provide for the constryctio reparation, and protectfon of drains, ditel nnd levees ncross the lands of othery, for nari- enltneal, sanitury, ond mining purposes, and ta moviile for the organization of drainauedinricis, Sge, 1. Be it enacted Dby the pronte of the State of Iilinols, represented fit the General Assembly, ‘Tout the County Courts of the suveral canntics of this Stata shall have power and jueisdletion to or- wanize und extablich drainnge districts at any requ- In‘r‘n&uunw or law terin taercof, us herelnafier pro- vided, nzed Into E 2, Whenevor n mujority of the owners of Innds within a district provosél to be orzanizod, who shnll have arrived at lawinl age, deslre tn construct a drain or dratus, ditch or ditches, levea or luvees, O othor work nerows the iands of vihers, for agriculturat, kanitary, or muiing purposes, or 1o mutntain and keep in repair any such drain or draina, diten or ditches, leveo or levees here- tofore antrucled under any law of {his State, such ownera may e, in the County Conrt af any county In which the greater nartof tio Jands ta boafected by sald deain_or draime. ditch or altchon, loveo or lovees, of other wark proposed to by constructed, majutained, or le]lflll'clr ahall lie, 2 petition slgnod by a majority of tho owners of #oid lnnds, within sutd dlstrict nroposed to ho organized a8 afaresid. setting forth the proposcd nam of safd dealunge district, the necossity of the mame, with o desuription of 1y o7 tholr proposed starilng points, ronte, and termlnue, and, If the purnose of sald ownes v (ho ropair and main. tenance of 8 ditch or ditches, levee or levees, or other work, herctofors canmructed wnder any Inwy of this State, suld petition shall wive n gene eral description of tlie same, with such par- ticulays ns may bo deemed fmportant, aud may pray for tho organtzation of n drainage district by (honame und houndaries proposed, and for the ||[r>|mlulmcnt of Commilssloners for the excentim of such propused work, according to the provinons of thisact. 81 Such petition helng filed, the Clerk of sald Connty Court shall cauaa threo weoks' notico of the presemation and fiing of such petition o be giveu by posting uotlees thoreof dn at lenst thret of the mort pnolic pluces m wold proposed district in which sadd work is to bo done, and sleo Dy publishinie u copy thereof ot least onee o week 1ur three succexlvo weekn i somo newspapet or neswapapers i each county from which any part ot rald dlstelct Is proposed to ne socmed, ' Such [ notices shinll state when and what Court sala petl- tion was and {3 fled, the starting polut, route, termini, and genoral description of the proposed route, the honudarles and name of the proposed drainage distriet, apt at whet term of the eaid courl the petitioners will ask & henring on auch petition, und the certificate of aald Clerk or the atlduyits of others afixed fo s copy of kald natices whull b sufiiclent ovidence of thy posting and publication of sald notices, SEc, 4. ‘The Connty Court In which such patition »hal) be fled may kear the petition ut any probate terin, und _may determine all matters pertaining thercta under this act, nud mny adfourn the hears inz fzom time to tine oF continue the cuso for the want of sutiiclent notice or other rond canre. G, On the hearing ol auy petition tied under the provistons of tlua chapter, ail partles throngh or upon whose land any of the propesed work miy bo constencted, orwhose s may hedamaten or benes Ntted Uhereby, way appeur and contest tho neces- wity er utllity of the broposed work or any part thereof, nud the coutentants and petlitioners tuy offer nny cumruwmcvuluncn tu revzard thereto, 1t shull e the duty of tue Court to hear und do- termine whether or aot the sulil petition containg tha sgnatures of u malorlty uf the owners of fanix it watd propoeed distelet who ars of lawin e, and the adlduvit of any thres or mora of tho wigniers of sald petitlon that they have examined wadd petitton and are aequainted “with the lucality of eald district und that they heileve the aaid pedl- tion $a signed by n mpjority of such ownurs who [ of “lawful awe 1o he wo affected nay by taken by the Court ne prima-fucte ovidence af thio facty thereln stated or the oath, or ailirmation before said Court; or the afiduvit of any person, vroperly taken and certifled by any nerson or Cotirt authorlzed o take hoxknowleduments of deads to redl estate in this iate filvlnu the nie of such party and lus or her ownerslin o Iands 1o e notw- ed 1n witch outh, afiiramtion, or ailldavie by proper lencription, snatl bo syiticlent evulence 1o the Court of such facte: Provided, that all decds made for the purpose of catablivhing or acfenting the prayer of ¥akl penition not mmde in good faith aud for a vilugble considerntion shall bo taken and held to be in fraud of tho provielous of thlyuct, and the todders thereof shall not be consldervd ny awners thereof, If the Court, after learing any aud all computent evidency that may be oflereil bufore it for uud apajust the said petitlon, shall nd that tho same hus not hieen signed by s mojority of thy Innd-owners au liorelabefore” required, the sl petition whiall e diamssed at the cost of the peti- fionere: bt tho Court anall find that the petition i huet signed by land-owners constituting sneh wmajoritics, thy Court nhall go find, anid such findiog sl ve coneluslve upou the lind-owners of such districy that they lnve iseentud to und accepter thy rovitunn of Uila et At 10 tho. Naceasniciits of benefits sl daninges that may bo made thereunder for tho purposo atorcxatdiand 11 1t whall furthee npe pear to the Cotiet that the proposed drain ordrains, it ditchen, loves or other worka ls orpre necessary, or will bu wnefal for thy dralungo of the tandn propused to bo drained thorehy for agrcultural, wanitary, of minlng Dure the Conrt sball w0 find, und appolne threu comupeient persuns us Commissioners to lay uut and coustruct Kuch proposed wark, fu easo thie lands to be dralned or leveed ghall by situated t counties, not more than two of the wuncrs shll ho_chiosen from any oo of such caunties, 17 the Canrt whal) Bnd ngaloat tho doners, the pethion shall he dismiased ut the of Lho pestioners, > urw entering upon the dutles of thulr wiich Comminsoners shall take and subscelbo an vath fuithfally t dischure the duties of thelp otllee, withont favor or partiality, and t render o truo account of thefr dolngs 10 the Conrt by which they ure aphointed whenover required by taw or by the orderof the Court, Sre. 7, ey whall vlect one of thelr number Clhatrman, und may slect ono of 1AIE number, or 40 Other perron, us Secretary, Hro. 8, A majority of the Commissioners shall constitite u quorun, s i conenrrenco of & s Jority of thoir numbor Inany matter within theje Watics aimll by suticiunt, Hre, 9, Adsoon ae may be after their appolnt- weint, oF withiu wich tiss na tho Conrt inay dircet, the Commleslnners whall oxaminu the land of the votitioners propoed (0 hie dralned nnd protectod, and the lands over or upon which the work 1s pros posed to bo constructed, und determine: 1. Waether the etatting polnt, route, and ter- i of the praposcd work ond e proposed locis on thereot 1s, or are, In ol respects propers and feasibio, and, f not, what da, oF iro, wo, Tt pronable cont of tho propose cludivg all lncidental expen yraceeding therefor, ie probable annual costs of knaJnlnn the s i repalr afior tho work i compleled, -, What lande will by injured theraby, aad the llruhulllu ngs tlm!u omount of all dauiages such ands will aistabi by reason of tho Jaylug out and conrtruciion of sald work, 5. What lutids will bo benetited by tlie conetruce ton of tho propored work, and whether she aggeo- Rute omount of henebts with ¢qual or cxceed thy coat of cunstricting such work, including ail inci- dental expenves, costs of prucecding, und dame uge sct out 11 tho work, in- und the cost of the U, “Whether (he propoeed dlutrict i Jetitiun led will ouaheace all tho tands that way o dniangod o Lotiuited by (o pravused work.aud ""M'dm repurt what additional lands will be sa alluctud, In cako the prayer of the netitfon s for tha hurpose of repairing aud watutaknloe o leves o ovoes, ditch or diteties herotofore constructed un- dler uny Tuw of this Stato, 1t whall bu the duty of the Commilsnoncrs to examine the safd luveo oe levees, ditch ur ditches, and the lande itended ta e reclaimed thoreby, #nd to report to the Couet, firet, whuther, {a thelr opinfon, soid leveo or luve ocs,'altch or ditehos cau, with proper repaies, by mady suflicient to protect pormiauuntly eatd tands from overilow from hizh water, or (o draln thy ame; second, tho probabla annual expense of Keeofhg the wamo in such repair: thid, what Jandy will bo benetited theruby, und the probable aggregate wmount of buch benas its; fourth, Whether the mggrogate annaal amount ul Lenedis will equal of exceed tho aupual custe of yuch seaatre, includiug ail s dental expense and coela of the proceeding: and, flith, whether tho proposed district will embrace All the Ianda that may be honefited by the mainton- anea of wuch lever. or ditch, and 1E not, to report what additional lands will be so affected, wlhich report shall ha fled wwith the Clerk of sald Court, Hpe, 10, 1f tho Commiesioners shall find that el Cost, expenrce, and dumages aco more Uian cynal to (he benefis thero wall be bestowed ipon the Iand to bo heuefited, they shall eo report, aud tha praceedings alall be disinlssed at he cost of the potitioners, Sre. 11, AT the Commistioners aliafl find that the propored work, or snch A portlan of thy rane na will be satisfactory to tho petitioners, ean e done nv o n o cost and Cexponse - not exeendini such benefits, tiey aliall proceud to have 1ha proper auevoys, profiles,” pluns, and apcctiica 1luna thereof made, and ahnil report thole concls slonn ani a capy of sich surveys, |u'unlen, wiand, n':‘mlnuuclllcmuns tothe Court which appuintald hen, dre. 12, The Commissioneta shall not bo con- fined to “the paint of commoncement, Foute, or terminua of the dratns or ditches, or to the nume. i, OF Alze 0f the eaiue, or tho tacallom, plat, or extent of any levee, ditch, or other work Tothat proposed by the petitionees, but whall locate, dexlen, Jay out, and plan the samo fn such manner a4 they whiall tink will draln or protect the petls ttonera’ lund with the least damage ond vredtest benenit to all lands to be aifected tiicreby; and any ot pronosad by snch Commisslancta may, on fie appllcation of any person tnturested, or ur' the Contmissioners, he altered upon the order of the ::mlm3 In pach mannce as ehall appear to the Court 0 b Sxe, 188, Upan the report of tha Commissioners hotng filed with the Clork of the Court appointing Auch Commisafoners, ho shall causs notice to ho Hiven In the sante manner as is provided i See, I of this enapter, which notica shall stata the time of filing such report, and upon what dny applic tton wiil tg made for the confiemation of snch re- purt, ut which time all norsons Interested may ap- pear and contest the confirmation thercof, or #how that tho same ought to be modiged In any particu- . and may ofter any competent evidenco in sup- pors thercof, Sec. L4, 1f upon tho hearlng the Court shali Lo of oplmon that the objections are nut well taken, or i no objection whall he made, it shall order fhe conirmatlon thereof, It 1t bl Appuar that tho same vueht to ho modifod, nwd the Court shall be suiliclently tuformed in the premises, §t shall modify tho same to conform 1o the equities tn the prentisea; or, 1 not suticlently Infarmed, (¢ ahall order tho Commissisiivrs 1o re. view und coreect their report, ANl ny WAKo apo- citic_directions In what respect they sholl reforin theirreport, And the Court taay muke all neces. »ary ordera In the promtsus, eitlier for thecontinu- #ico of e hearing or othor lawful rnrpom Hge. 156, If the report be referred bick to tho Commiinsluncrs for amendment, the Cotrt may fix o day when the Cominirsioners shull agam present thoir revort, 1n which case the hearing sliall stand adjourued to thut dny, and sl farther wotico whall vy required thercof. It no duy eaall bo fised for auch renort, the cause shall_be " cuntinned to the next tenn of Conrt, whe it shall stand for hearing. SEe. 10, I, afwer hearing all objections, if an {0 the report of the Cumnmtesioncrs, tho Court shull be gatlstied that tie salul ruport should be apnroved, the Court shnll canse an vreee of coniiemation uf 'lhu aame to bo entereq, which order muy bo ns fol- o Torm, ‘ounty Conrt of ———cmmtfi. T v o petitinng ol D. 18-, In the matter of and others, “''nis duy tne report of herctofore aopolnted by this Cou lands af the petitlonors for the pu g apecitied In the netitiow filed i Luks canes, havinzg een tled, and it anpearing to the Court that dus notlce haa buon lven to all persons intereated, for tho length of thne and fn the manner required by law, of the application to this Conrt for the confrmation of wad roport, und the Court naving duly exnmined sall reportund consldered all objections to tho name—It 14 ordered by the Court thut the report of #ald Commissioners (or 1f sald report has been mouttied by the Court say ** s moditlad by the Court*') ba and the same 18 hereby contirmed; and the Court furthor iinds Lhat the work proposed in eaid etition to be done will be usetni for agricult- urai, #aniuiry, of miniog purnoses Lo the ownara of landy witlin ealt vruposed district, and the Court also thnds that the persons who hnve signed satd petition #ro of lawtul nste, nnd are & majority of the land-owners within the district to be atfueteil by such proposed work, And the Court further fiids tnat said drainago district Is duly established v provided by 18W. Commlssioners to examine the +4 wmee —— County Judge, " And_upon entering such order of record, i district ds borehy declared by I to b organlzed 81 deninage district by the name men- ttoned in wntd petition, and with the boundarnes fixed by the order condeming the report of the sid Commiedloners, Aud sald district {8 heroby de- clnred 1o ba o body politic and corporate by the name mentloned in waid petition a3 aforesald, with tne rlght to sue and to be sued, to adapt anil wse a corporate seul, and to have pernotual succenslong tnd the Commissivncrs appointed an aforesmd and thelr successord In ofice stall, from the entry of anch order of confirmation, constitite the corno- rate aatherities of such dealnave disteict, and #hatl exerclao the functions conferred upon them by law. ‘And thercupon the Caurt shall lnpanel a Jury of twelvo men, having the qualifications of jurors in contts of recard, who shall be wworn to Talthtully and tmpartially porform the éutics required of thes 10 tho eat of their understanding and Jnasment, und 1o make thele assossments of damazes and benotlts sccording to law, or the Court tay direct tht & jury te uupanled before o Justice of M Pence for ihe asaessment of dumages and neneflis, 1t which cano tue Colnmissioiers inuy apply to any dustice of the Peaco In the county, who whall immedintely, witnonl the formality of any writton upplication, proceed to summana and lmpanel A ury of twelva men, baving tho qualifications of urors o8 aforesnld, who shall be sworn in the snime nanner as is above provided 1n case of n iy dm- pangied by the Court In_which the proceuing la vendlng, nud the Justico shall enter apon his docketn iinute of wuch prococding befora him, andd the names of the jurors, Sre. 17, The jurors lnpaneled as aforesatd shall clect vno of thelr number foremun when the pro. cepding is for the conatruction of ditches, drajne, or leveas, and shall proceed 10 examine the lunas 10 ho Affectial by tho prouased work, und fscortain 10 tha best of thele abiity and fudemant ts dine agon und benefits which will bo kustained by vravil) neerite Lo tho landd 10 bo aifectod by sukd proposed work, and shall mako out an agasgament rofl in which shiall ne #ct down in proper eolumns tio names of awners when known, o description of thy nremison nffected, du words or fizures or both, na whall be most couvenlont, the numner of acees In cach tract, and If damages are nllowed, the amount of tho saume; wnd 1f benefits aze assensed, thy amotint of the same; antt In caso damaged aro ul- Jowed to nud beneiits assessed ngalnst tho sumg tract of Jautt the balance, f oy, shall be carsied forward 1o u supirato colimn for damages or benc- fits o the cave nnv be, 1t the amount nesessed for_ keeplug eald lovoo or dlich in repairshall not in the agureegate smount. to amim i any one year greater than woull by produeed by 30 conts por acru on all tho lunde so aensed, in coao tho petition shall sot ont that o leveo or ditch hus heen made under any law of this Stale, aul bRy for asietment 1o repal and ligep I et palrsnid Juveo or diteh i the futitrs, the Jury shall nusers the benefits wilch pald lnnds will snstaln by tepairing eald levee or difeh, aml wlso the annunl umonut of benetlts which safd kands will snstain by Ieupiniz il lovea or ditel In _tepalr thereafier, And i such case no other or different assessmonta #hiall be made by the jury, but in nll ather respects Tha Jury shall comply with the vrovisluns of this act Ao far as the ramoe may he npplicablo thereto, Sre, 18, In mnking such ansessment, the jury shull award and nseers the dasn: nd benoellts in favor of una against vach track separntely, fn th proportion dn which such tract of land will be tamaged or benvilted; and i no caso abnll any teact of Innd by usecssed for beuedin in & groutor umount thaw ita proportionato shurd of thy estl mated cust of the wurk and expenses of thu uro- coeding, nor fu a greater amotnt than I will be bonellied by the provused work, sccording to the bunt fudzment of Wi Jury, Sre, 10, Whon the jury ehall hove compietea thetr assosement of damages and bepadts, they shall ix a O snd place whon and where thor Wil wiicnd, Cin i the juy e fmpancled by the Court whica tho petition_was flled, boforo the eawe Court ut some rezubie ferm thereatter, or If tho jury wus tpancléd by soma Jastice of the Pesce, thuit be- fure o kwmy Justien, 1€ stil] In office, and If not, hofora lifs succesvor or any other dustics thoy may woloet for the correction of thelr nasessmont, and the Commisstoners of tho juey ahutt yive at least 1en daya’ notics of such time and place nnd nh{\tvl ot wich meeting, by nosting and puiisnior noticos as required tn Seo. 3 of thia chapter, prioe 1o thoe thne o fixed, ‘Fho aildavit of any crodibiv person or porsuns thit ho or they Tins or have posted unch notices un herein m|u|rml, and th certificaty of the publishers uf sueh nowspaper as to auch pub- llml!un, whatl bu sutiiclent evidence of sucl facts, Bre, 20, ‘The juey shall apuenr at th thne sud place appointed. and sball hear ali objections that Sy B thero and then mada by thaowners of any Tands which may beallowed dasages or ansessed for benofis, ot by the Conmialuners, tothealiowancoof dapiugen Lo or asscawmonts of Lenenly uainat uny teact of Iand, and shall make such correctiuny ue whiall scem (o them Just, und ehull udjusl such ase fassniont a0 ws {0 uake tia s Jusi and et be, ro. 21, Ateuch hearing, ifinthe « ounty Court, th Laurt tuay compel the attenidauce of witneases, and 14 cose any juror nnpanelod whull Gl to ay pear may atiach” b for contempt, or may o pancl another In bl wtead, and may at any” tine during the proceedings, In consideriing or making therr pasexsment, lmpane) une or nore jurors in thy place of any Juror who may ful from uiy cauve, ar refusal to sct, and aditniater 1o such Jurors the oath required b Ualthisact, Andifsuch hear: fuiz whall e hefore the Justice of the Peace, shutl preside sl enforce urder us b ollier cases Lotare d nutices of the P and ahall have liko puwer ue 48 dn thls section conforred upon the ‘ounty Courts, 21, 1f o objection shall bo made to tho ns. he e, 1 rumilent 16 Uit und place sppoluted 10 hear objections, or when found correct, or when core rected upon hesring, the jury shall contirm such nssusament, which shall be certitied by the foremat of tho Jury and deliverod 10 the Culnmivaloners, wha sliall returi tho watus 10 that Conrt in which tho eaid potition hur been fled, within ten days frwn such contirniation, and the wamu shall stand for hearlng ot thu next term thereatter, if the sume s heen tled ten days before such tuem; or for wood canse may be contluued; but it not tlud ten ddays bofore such torm, shall “stand continued tiil the pest torm. see. 2, 'Phe Commlssioners, or '“K parson who who shall have mude objcctions to such usaesamnent, muy appeal from the Quding of the jury to the Canrt in which the sssessment 1 returned wition ten days aftor the samo shal) bo filed 1 pald Cotrr, by fliug with the Clurk of said Court his or their boud, puyable to tho ouposite .purty, with such secur! I{‘, aud_in such sinount, ue shall bo ap- vroved by th Clork, conditivned lo pay all costa that may aceruo by roaton of wuch appesl, uud if the e =) oppeal In by an owner of land assesaed for henes i1s, tu pay Auch An AINoURt A9 may be found against him on account of the benefits to his Jaod by reason of such worl, 8ge, 24, Tho trial upon anpeal may ba In the RAmoe manner as other nppoals frons Justices of thy Peace, anil in cano tho aesesnment of damnges or henelita ehall e changod from that returned (o the Court, the Court ¥knll catieo the aercrmment ol Lo Be puended ta conform theralo. Sy, Whon the askessment roll shall have heen corrected an aforesild, or In cise no corrre~ tion shall he requived to be made, the Conrt ahnll confirm the Asme and cairg 1Llo be Apeead Bpon tha recornds, and nppeals or writs of ercor auall bo nllowed therafrunt, as In cnsos of appeals from and writs of error to County Conris lu proceedings for the ealeof lanits for taxes or spech.l ars fente, and provined that tus grantlng uf an appeal 1 one or mare casen (0 One OF MOre perenn: shill not ooerate o deter the conflrmation of sald feport [ otticr cnges, hut the Conrln may vroceed o cons firm eald reports as to all lands where no sppeal In faken, oud in ol nppeals taken from the confirmation made by the County Court if the Judgment of tho County Court shall be aflrmer, 0 11 npon aich ciuse el remandul for naew trisl tho Jidawent of ward Court shalt ba in favor of enid Commlssloners, the County Court wnall onder the Judgment ro rendered (o o made pact of aadil confirmod roport, and the assensments of benotita or dunnzes av fouml ahall be extendet on suld report, and tne same shnll beoome o pact thereof, Hke, 20, At tho timo of conflrming such asseas- mient, i shall ho compatent for tie Conrt te order o uskeasment uf benoflte to ne pakdin installmencs of such amounts and at suca times a9 will o come venient for the accomphishment of tha provosel worls atherwiaa tho whule amount of wuch nncss. ment' ahall be payable immediately upon such confirmation, and shnll bo o livn wpon the Janda assessed ontil paid, But 1 paeos wwhers A leveo or djtch has heen heretofors bmit under any Iaw o thi+ Swate, or nay bo hereafter bulll under the provisions of 1A net, the annual assegaments for Leeping the same in repnir ahall tie dng and payabla. ou the lat day of Svotember, annually, ana” shall e a lien on the Tands wnon Which waid asscasienta are snado from and after the confirmation of thy repore. The Court In winch sich proceedings are had sliml ro- qulre from salil Commlsslanurs o report of the condition of the levee ar dilch at fts July Lern, of each year, tozether with ti eatimate of the amount necosary o keep the levee or diteh in ro- nalr and pay nil Incidentni nmd necesenry exyensen for the ensitlnz yeor, nnd if the Court shall find that 1 tesn amount witl be reqaired Tor suca endi- it year than the whole amotint af the assessment tor the year, then the Court shall, by ai order, fix tae amount to be nalkl for suen year, snud only 1uut smount sinll be collectod, and'the cxcess of wich nesessmont over and above the amount so tixett vy saul order for enld year sholl be remiitedd law, and sball not thereafter be by collecteds | Provided, the atnonnt to bo colleeted under the order of el Coustxhall not, In tio - gregate, amount Ju uny one your 0 o Kum preator than would be produced by a lovy of 50 cents per acre on all the lands within snd district, Sre, 27, Tmmedingaly alter the entry of such confirmation by tho Coirrt the Cletk ahall maka out and cortity 10 thn Commisslon n copy of =uch nusewsnient-roll, and aliall vo make out nnd deliver 0 Lhe Commiasioners repurate conios of the sams pertatning 1o the Junds situnted 1n the differe counties, Which shall be recovded in the Reeorder! ufiice of tha roepecLIve counties ju which tho Jands aro stuated, and shall be notice of the llen thercof to nll perdona, Sre. 28 Upon the orgnnizatioy of sald dralnaze district tne Comnieslones lnnpgmmml whinll from thenceloeth have power to contract and (o ba cone tracted with, suy and be sued, piead and bo im- pleaded, an to do and perfarni, in the incorporate namu of s district, all xuch acts and things ne may he necessary for the accowplishnient of the purposos of tals act, Hic, ‘The Commissioners shail, after the con- firmatlon of said nsscaxment-rull, and before nny collections shall have bheen wiade by them, apnoint a Treasurer, wno siiall not he one of taeirnumbes, wito xkhall executo u bund to tie peoplo of the Ktaie of THinoig for tha ise of all persons interosted in o s of not Toss than Iwice Lie winionnt of asacss- monts tkat may be lovied for one year, withsuch wurctics a9 may be appraved of oy the Juduo of rald Court, condltioned for the falthinl performance of 0is duties v Treasurerol sald dratnoue diate that ha will unlelr and fauhifully aceon a)l money that by vietue of hi salil olles shall comu to itls bangs, Which said bond when nape broved hy the Conrt shall be kept and prexsryed by said Commissioners, und snits may be maintained unon the AAmE by them upon any breach of it conl- ditions . Sie. 30, It shall bo the duty of sald Treasurer to cp praper hooks to be furnished lium by the Com- mlssioners ) whieh he shall koep un aceurate ace count, of il moneys roceaved by tim and of all dis- burseinents of the eanic: hie shitll pay aut no money except upos the order of 4 mujurity of the Coni- nilsyionors, and whall earefaliy” preseeva on file it orders for the puyment of monoy 2iven him by the Commisataners, and shall turn over all books, ipsre, vorclicrs, wnatieys, aud otlie property ou gzl to aiul in his honds as sneh Trensuzer o iy succesyold in ofiice, Hs terny of ollce shall be two years, but he ntay beat any thne removed by the Court upon petition of a msoerity of the Commis- sloners, or jor good eause shown, see, Bl cado thu sysessments for heneflty ahail bo pavable in instalinients, such installmauts shall draw Interest atthe rate of 8 per cent vor aunum from the time they ehalt becomo payablo i they nropabt, nnd such jutorest may po col- Teezed and enforced ns part of the assessinent. Sk, 32 ‘"o Comnlesioners appointui by of thik chapter wuall not colluct or rece: money for the purposes thoroin until they shall have glven bond payable o the peuply of ~the Stkte of Iliinofy, for the nee of all persone anteresied, In nAum ot Tess than twice the amount of tas nssess- mont for benetits, payublo In any one yesr, with eencily ay shnll bo Approved by th Juilew of uet, conditioned for the Iaithinl application of ull morneys that may be recelved vy them iy vucn Commissioners, sid o ke duo aecoant tiercol to the Court whenever required, which bond sbnll be filed in the Court in which the procesiings nru hind, Thu Court may require udditioaal bond from time to timy, or the Commlsaloners ay, 1 thoy choose, anpolut ono of thelr number coliector ¢f ussunsmonts, who, before entoring upon th cailece tlon of such nseessments, shall giva bond, ns in this section mentjoned, nnd who, afier giving such bond, may maka such collections and give recelpts for tho eime. [ . Tho Commissionors, npon_ rocelving auch awseasment-roll, shuli immediatoly cause o notico to he unollshed for throe weeks In'the min- ner required in Bec. Bof this act, In suvstance na Tollaws: % *'Notice of Urainago Assesament, —Natlco {8 lioro- Dy given toail persond Inturested Mhat an nssces. mont 18 now dus for drafunge purposes for thy year A, D, 18— npon lands 1ving within tre —— drain- ugo district, In county of —— and Stato of Nil- nols, and thet the same must be pald to tho nn- dorsiuned Comminnlopers of anid dralnage district Oh OF beforo thy —— dny of ——, A, 1, 1N, and that, [n default of such paymunt, the several racts of landa upon which wich “wssesuigents romain un- pail will be wolil nccording to luw to pay the amount of #uch asso-sments and costs. Commisstoniers of Drathage District." Sxo. 34, 1F the nencxsment due uvon safd fandy shall mot Vo panl on or hefors the day numed In the notlce glven ns in See, 13 of thia net, 1t aball bo the duty of rald Com- nilesioners, 1f they huve not apnointed a Collector s aforesald, and AT wo, then of wittd Collector, th muko out u cortlill list of such delinguent lands upun Lie AsscsRmenIn remaln unpald, and the same shiall bo hy him or them onor hefore the 10th of Morch nest after tho #amo have become p nble, returued to the County Collector of the couite ty or countics fu which such lands whall Ye, nnd, when the samae #hall Tle i diferent countles, a sepurate retnen shall ho made for each county of th dulinguent lands thereln, and it shail be the duty of the Collector to whom any such retuen has heen wade 10 (ransfer the nmounts thoreof frow Ml retnrns to the tax-hooks fn his hnnds, settinz down therein opposits the respuctive Lracts ar lots, in proper coluung proyred fur thut o, the amount nawessed agalust oach tol, and the like pro- ceoding ahall be hal ind with the Tike foree ad effect In the “collection of snch delinquent asscssments onl the sale of kahil lands for non-payment thera- of ax Y ordinary collections of Staty and county tuxes by County Collectors, and of siles of real catato by thewm for snch _non-payment and of ro demptlons froos auch sale, Bre Notwitheinniling tho returns of such delinquent lat, tho satd Connlastoners or thelr Coilector shall ho authurized 1o vuceive payment of Any wuch delinguent asrcasmunts and costs, and may ive receipts for the same, but shall keop a mumorandum of the ssie, und on or befory tha day of sales fixed by nald Connty Collector for the wufee of suchl lande, shwll presimt sald momorandun o fist to énid Counity Collectur or Colivetors for the purpose of having the same checked or marked pabd on the delinguont st In - bis hands, and il monnts collecied by the sald County Collector by wales or otherwise, affer dednctlons of his fees, whall b paid to the Commlzslonces on domand, Hee. 3t Phe Commisaloners, when qualified in purainnco of this wet, may do any and all acts that nay bo necessary in and abont the wirveying, luys o out, constricting, repuiring, altering, enlarge ing, cleanimg, protuctiog, and msintatulug wny drain, diteh, lovee, or uthor work for which they whull have been appointed, Incinding all ne bridges, crossinigs, embunkmonls, prote dung, aud ule-drain, clearing out ant renioviug of uhatructions frum ualural or artilelal clannuely or steeam, procuring oF purchasine riparian rigats and water powers, by aercemont With thu owin thereof, and uv uso wny maney in - their binds ariing from assessments for tuai purposs: {ro. oided, That hn all casos where Lhe work to be done 1 the construction of the principal work, the cost of which will esceed 8560, the vamv shall bo Jet to the lowest respunsible bidder, und the siid Com- mlgsloners shall udvertiee for sealed hids by notico published i nome newspaper fussed In tha coanty i which the petition i flud, und if “there be no newapaper lesn or published bu sald connty, then 0 the next nearest nuwspavers which withd ‘notice shall particulurly wet out the tme sod pluce when nand whero thu salid_sealed hids will te oponed; the kind of work to e leti and tne teems of payimout, Haid Conpmlsaloner may contlnse the letll tiwme to time, it in their Judgment the vame shall U0 neceassty, and mav riserve tha Flht lo toject any und ol bidss Provided, further, Tuatuolavee, arain, ditch, or othee work, nathorized W bo con- structod or made, undor this act, shallbe con- structed of mude In auclh i waunck 88 1o destroy oF provent the public uss of any navigably siroim, or public harhor o body of watur Connuctod with any navivable wicuaim, used nn 4 publlc hurbor, Bro, 7. Buld Commisetoners” may usn moocy arlsing fz0m tho collection of agsessticnia for tha purpose of cutipromising suite and controvorsies arising under this act, and in thy caployment of allnecessary ugouts i attorneys in the prosecn- tiun or defehss of asid vporutlons. Bee, i34, 'The Commivsivners may borraw money not excecding lu umount the anonnt of aweeds. menta uupald at tho Umo of borrowing, for the coustruction vt any work which tuey shall by su. thorizod Lo coustrict, unu way ecuro 1he panie by uotes or konds byaripg lntvrest at Sho rate nol ex- irtno ve nny specitied coeding 8 pee cent per annum and nat runn} Tond orto ear aTler tho laat RGN TIORE OB Arecy of which tho monoy 16 boreowed shall falf dip which notes or “ponds aball mol b fepy tomnko - tho Commisslonora - notsons Mablo' “for the moncy borrowed, o Jhail conetitalo o dleh unon tho estmment e the “repayment of tho vrinelpal and fngy lhfirruf i IF Interest re, damnzesover and above ftn o any tract af nnd ahall e DATabY our of T amonnia nsscxsed agningt other ands for benan nnd hall ba paid ar tendored to the ownere thereny Tefare the Cammteslonors Ahall 1o mithosise s anturwpan s and fae the constraciion of ato work thereon, Ineasn Lhe vwner | Illmllmrns thiere shall bo & contert In regard (o the ownersgy of tha fand, or the Uoumismaners cannot, far g fenon, aafely iy Eho moja to W wdor, (as may deénonit the s with the Clerk of Dy Cors! and the Court may order the payment therenr 1 such patty na Al appear to 00 entitied o 1o manic. Krc, 40, Tho Conrt may, at any Hmo, any SCommisaloner ~ nupointed > by iy TS appoint mnother in Nis place, and may vacuueles caused U denth. restenution, Tu or otherwlee, sud may apnoint a o nuthorizo the Cominissjonere PAIT OF citanse ALY work, lh‘;‘m hn‘v‘u h;:un constructed, Bre. 41, Tog Comnusioners shall, as of ancuin cack year after Lwlr agnolntmane, a3 i oftenor s the Conrt shall foquice, g Tenurt Lo the Court by wineh they wers BPHoIRted, HhOWINE Lne nnoiat of woney by them collecte, und the manner L) wileh the snine fx bhetog aupo, ' Ske "Whe ommissioners stull recelv f thelr services tho'sim of 82 her duy for each g ey shall hoaciuully cngigod (o e sy of thelr uppointments, “sich smount to be anditeq o lenst otieo & yenr by il County Courl, ani gorty: fied fo by watd Conrt Lo thelr Tressurer, o b ay by him. “Fher ahall Ix (s compunaution of ety "Lreamurer, and of all vther rervants amd ageyyy: sand Lhe Clerle of the Connty Court shall receive fop Ius mrvicos horennder suct fees an nre by Ty o Towuil for shinlar services in that conrt, t 43 Wheiioyeea petition shni e H ov; now Comumiann appointed to ret diteh, vr drain gy res © by Lo OWDCLA OF By (el of jaey It motd dlateict, setting forth that the samg oy any pirtificreot Iis boen orEUncously aenesred for benetits, fur (e reason thut the saine is nut say Jeck Lo Gverflow, OF s noyer been overfluwed o the hishest waters kuown, ant praying {ha by e landa In whole or part may he teleased fro the wwscasmients madé, OF o by inade iy futare, o Court amay, after ten papy notlce’ of “the filtng of 'such potltian bel iven (o the Commissinners, aL iy teri of sl Courty mrucéed (o beat anid application. graniing - sich contiiniinces 08 mny be riehi and proper, ang 1 tha Gourtshall” (inid upon_ Taita Soincd that' any vartof the lund named “n aaid_petstion has ners veen overlowed by the hizhes! wator known frog the strents against which the levee in gucrtion hay een contructed, mav, by ordor (o begentered of roeord, amend the nsscament-roll returned by tog Jary i conformity futhe facte fonnd, and wucy purt shall thereatter be discharzed from all other wscasinonts, and tho clerk shalt Smmediately caug @ capy of such vrder to be delivered to the Com. wirsioncrs, that the copy of the assossmant-roll |y thelr hands 1ay e mnoo 1o conform Lo mich onder, Sk, 4). Tae Commirsloners from tho time of thelr " appointwent ny go upon tho lande v witnln waul distiicts for ine purpos of esnmintig tho same ond making plan, plata and suzveys, aud nfter the orkanization of said dlstrict,” and pasmont o tender of compeoss. tion allowed, mny npos snld lands, with their wursanty, teatn, thols, Instruments. or other caup. menta, {or the purpase of cunstructing such pra. pused Worg, 8na iy forever {hereafier onter upoy #afd lands ne pforesxld for the purposo of man. taining or repatring such proposed work, dolngno - more damage than 1the necessity ot the occasion may réquire; und the ko Jicense and authority ¢ heraby wiven to tha Consmissloncra of Tlighways ig ull eases whzra they mny be authorized 1o perforn. stmblar duties wader this act, HEe, 4. When au uesessnent has been mada as provided in thy precedine section, and anyually thereafier, it shall be the duty of the Commissons ern 10 provide suMaule bouks, With propee bead. fous and columns, in which shall bo inserted, ac- cording Lo 1ownrilps and range, the several tracin of Jund wieatnst which assessuents are 10 bo carchd out, the nnmes of tne uwners, IF knowu, the num. ber of ucres 10 bo nsdcared, the tati) kmuants of agscasuents, uid for whut yorr, and 8 column for payinents, and 1 any necasments shull remin dug ond uupnld aftec the thme mentluned fo oo otices to by given as provided fn Sce. ik of this act, itshall be the duty of sald Commlssloners, v of 1o persons nppotnied by them collector wloreanddl, 1v matiu i [Int of the lands wpna which sucil uskesiment naw not been pakl, aud deliver such Dt oz ffats to the Connty Colloctor of cach caunty in which anch Inuds muy respectively lie,to o by im colleeted as heretofore provided. SEvy 48, When the cost of any proposed dramn, diteh, levee, or otiier work .autburtzed by toig chapier 1o ue done will not exceed the sum of $5,000, wnd will not extend throueh nto 1ot ihan tiree Congrewddunal wwalugs, tho petition sy 1 thy petitiol anall 8o elect bu filed witha Justice of tho' Peacu In tho. county where the isod fo he niected, or 1l majur part thereof, fs »itut edi autt all the proceedings authorlzed by (s chanter to be had in the County Court, in eases where the petitlon s fted in sich Courl, may be Tunt before dustices of the Peace, and tho sssew- munt of dumagen and benetts shall b conducted befors auct dustice 1 tho same inanner, asnot a8 nny be, u in casen commenced by petition be- fore sachl Conaty Court, And auwents miy be en fromn tho final Judumont of the duntice of (b Peitce to tue County” Court within the same tius and 10 the rame munnuee k8 nppenls way be taken Trom the fhnuines of tho Jury i cases commenced In the Cotuty Courts and the asscssment of bene- tits may be collectud and cuforcud na 1m such cases Before tas County Coutt, Sge, 47, Whon the_proceedings shals e had be- fore o dustlce of thy Peace, tho Justice suall direcy the Conumissloner of Iighways of ‘thu town ot townslup, or In caso the drisn, diteh, or vther work sunll be located fu several towns or towt ships, the Commisstonera of the soveral towne sutps, un u Jotnt Buard, or at the electiun of the putitiuners the Justice Of the Peace mny nppoins ong of more Coummbssloners, not exceviing theoe, to lay out and coneituct such woe and performy” the dulies required of Comunee wloners appointdd under thls cnapters and sucs Commissioners of Ilghways, or Commissioner, or Conmiasloners 20 uppulited as slosesidd, shail huve wil the power and autlority, and muy perlon all ncts, nnil tint] arschnrro all the dutied Imposed npon oF ruquirzd of Cyminissioners wppuintea by oo County” Conrty and tho sndd Comintwdoner ot ninladionere, K0 nppatnted by tho J etico of the 2¢ an aforewald, shall receive for their serviev {ho samo_compensntion us i hierein provided to be patd to Commssivners appolnted by the Couaty Court, Src, 48, 1f. any Commissianer of Highwaya shall refusu or neglec! (o discharge any of tho dutied imposed upon him by virtus of this act, ho stall, fur every such relusal or negluct, bo liable touny party newrieved, for ull damages sustained by hin, and, upon convletion, may be fined tn any sin oot exceoding $100, and bo roimoved from hix oftler, Be, 49, When o diteh or diain has been located wndor’ the provisions of this wes, of subicient capueity to carry Off tho water that flaws to it, aud nlio to properly drain the land taxed for the con struclionof the same, such lands shall not be aguin taxed or anseased fur the denofit of fmprov g uuy lands 1ying above tue lunds taxed for the constraction 1horoof; amd in ail cases wikere say such ditch emptics to any lower ditch aouve do- reritied, for the beuvit of Jands lymg avove the lower ddltch, the Connntesiunces, uuder the direcs f1on of the Court, whull lovy » wulligiont tax aa suci laud benefited by the new ditch (o colans such Jower (itch 10 av 10 contine the wator to lie wume fevel that it orlzinally nad before an adul- tonal umount of water “empiled tnto wich lower ditch, for thy bonchit of Juuds lying ubove the lower diteh. Bre, 50, The Comminsloner of Tlizhways ahall huve power 1o Jucato and extabilel drains 10 ba constracted und moltumed at - the cuat of partics potitionfug theretor, ae horeiuafier provided, and 1or the purposs aforoeard, sakd Coms infaploners whalt bo ox-ofticlo Dralnuge Comte: wiufces wathiin their respective disiricir, but Inall thuif proceedings hereundar they may sct by theit oflicial Litle, — ** Commixsioners of Highwaye, sic. b1, Whnever tho ownor or ownerd of any 1ands or lots, at bis or thelr own cost, shull desite 1o locato und coustruct n dratn leading from lands or juls owned by tlem, eeverally and Joltly, of whull dewire peruaneatly (o estubtih any drain which wey tave heon heretofore located constructed, or which may hereafter be lotsted aud constructed, aud which sald deain or dratue, 40 desired to bo located or establiehed, whull lead across oF upon the land of anothec pet- B OF peraun, uid SUC IWHEEOF ovTiors so dedr En:2 to con or cstablinle auch dran caunot obe tafia Mo canaent of the ower or awnera of el L nerows or anon whico sald draln Is sought © ho lacated, or, of already construcied, wought to b8 citaotished na”a permatent draln, 1o the location and tonsteaction ur establishinent of such dralu, anch owner ur vwners iy potitlon 1y Coml wonors of Nlglwaye of i town, 1w whien waid petitlon snall wet forth w description U 1o premiscs or Jand or lunds acruss or upan which waid drain is propoded to by Joeated or oatablishicd, o namen of 1he owners, I knows, of the lands, and 4t not knuwn, 1t hall bo o slated, across ot upon which sald drain ia to pass or does pose, the polnta at or uear whioh It |s to communee ur Entes 00N 810 lanids, oF dues 8o enter or coninence, 18 general course' and distancy, wwl the place 3t or gear wileh It 1 to toruniuaty on, or pass lw\\n suld lanids, or dack wo terminato o pawa from sl langs. Sikd potition shail also act forth woether #a1d drmin i« to bo cungtructod or vstablished o8 33 open diten ur a coverea buxed o Hicd drain. 17 a8 open diteh, The width whall b specied. 46 S onever the Comulasioner of Hizbe Ways 11 reculve auy such pettiion win the pruol of tho posting of coples as in the Rexy pres ceding ecctlon set forth, they shall fix upes u thoo when snd whore they W vl meel 10 examine thu Jocatlon and roulo ll‘:a ruch deatn, wud 10 hesr regsond for or sgaiust L8 location, constructlon, and_ estaliahment of the same, Which meoting whal) be N lcn'd :z“ after L expiration of the ten days reguire Ik the postug uf the coples of the petition 1k |l|;llnkm preceding section referred tu, bud thoy shall ghig ut least iive days’ noticw of the tlme i place £ such moutlng oy pasting un notices thureal Inthis of thy most pnblio ulaces 3 1o vielnlty nI » draln o propased W bu located or cstablisod b Hiirs ahull bb @ occupaub remiing upon 1ho audy wneh uccubnug shal) have notlco thercaf by loavioy a cupy of uch notice ut his placy of foslueuce, with such vccupuut or sty womber of bis fam f: at leoat threa daye bufurs thy tuejol wald wed ing, = . ‘ommiesioners, or any of thom w! pusting of & notlca at thu time and place named '; {ho iirat mecting. adjourn the meoting from o 1o tine, bt pob for o lonker perind thao * ton deyd o all; und waull, ot euch Lratar such sdjournied nebtiug within ten days, the motices hersta lln quired having boon given, snd all ru I:l‘rwn. ogaimst the sald dralu having boon heurd fll; oeE sldorcd, “decido and publicly suncuuct vrhu i thoy will gragt oF relusy tho prayer of tho ¥